OSTLOGOL.GIF (2116 bytes)

OSHTEMO CHARTER TOWNSHIP

PLANNING COMMISSION

January 10, 2002

Agenda

WENDY'S - SITE PLAN AMENDMENT - 6622 WEST MAIN STREET - (PARCEL NO. 3905-14-185-020)

TEXT AMENDMENT - SITE PLAN REVIEW PROCESS - SECTION 82.900 - PUBLIC HEARING

WORK ITEM - DAY CARE CENTERS IN THE "R-3" RESIDENCE DISTRICT

DISCUSSION ITEM - NEIGHBORHOOD COMMERCIAL FUTURE LAND USE CLASSIFICATION

A meeting was conducted by the Oshtemo Charter Township Planning Commission on Thursday, January 10, 2002, commencing at approximately 7:00 p.m. at the Oshtemo Charter Township Hall.

MEMBERS PRESENT: Neil G. Sikora, Chairperson
Stanley Rakowski
Deborah L. Everett
Kathleen Garland-Rike
Elizabeth Heiny-Cogswell
James Turcott
Mike Ahrens

MEMBERS ABSENT: None

Also present were Jodi Stefforia, Planning Director; Mary Lynn Bugge, Township Planner; Patricia R. Mason, Township Attorney; and two other interested persons.

CALL TO ORDER

The meeting was called to order at 7:02 p.m.

ELECTION OF OFFICERS

After some discussion, Ms. Everett moved to nominate Neil G. Sikora as Chairperson, Stanley Rakowski as Secretary and Elizabeth Heiny-Cogswell as Vice Chairperson. The motion was seconded by Mr. Turcott. The motion carried unanimously.

APPOINTMENT OF A LIAISON TO ZONING BOARD OF APPEALS

Ms. Everett moved to appoint Mr. Rakowski as the Planning Commission member on the Zoning Board of Appeals. Ms. Heiny-Cogswell seconded the motion, and the motion carried unanimously.

AGENDA

Ms. Stefforia suggested adding a discussion of additional parcels for agricultural zoning consideration at the February 28, 2002, public hearing under "Other Business".

Ms. Bugge suggested a report on the Township Board meeting be added under "Other Business".

Ms. Heiny-Cogswell moved to approve the Agenda as amended, and Mr. Ahrens seconded the motion. The motion carried unanimously.

MINUTES

The Planning Commission considered the minutes of the meeting of December 20, 2001. Mr. Rakowski suggested an addition to page 7 to refer to Mr. Best exiting the meeting. Ms. Garland-Rike referred to corrections of typographical errors on pages 7 and 4. Mr. Rakowski moved to approve the minutes as amended, and Mr. Ahrens seconded the motion. The motion carried unanimously.

WENDY'S - SITE PLAN AMENDMENT - 6622 WEST MAIN STREET - (PARCEL NO. 3905-14-185-020)

The Planning Commission considered an amendment to the previously-approved site plan for a proposed Wendy's restaurant at 6622 West Main Street. The property is located in the "C" Local Business District zoning classification, and is Parcel No. 3905-14-185-020.

The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Stefforia reminded the Planning Commission that the Wendy's restaurant received Planning Commission approval on November 15, 2001. The approval was subject to 11 stipulations. Condition 9 required that a cross access easement be established on the south side of the site allowing connection to the property to the east. The applicant requested that this condition be eliminated because the internal circulation pattern within the Wendy's site is designed for one-way traffic movement. The cross access easement would likely lead to traffic entering the Wendy's site from the east and driving against internal traffic, resulting in a traffic flow problem.

Ms. Stefforia supported the elimination of the condition. She noted that cross access would exist within the Meijer site, allowing all the outlets to share the existing curb cuts serving the overall development.

Ms. Stefforia further noted that, with the revised site plan, the dumpster enclosure had been moved to the northeast corner of site. Further, she had received a lighting plan which complies with Ordinance requirements. She also addressed the need for a minor landscaping change.

Robert Potts was present on behalf of the applicant, stating that he felt the traffic movement on the site would be benefitted from the elimination of the cross access arrangement. He also noted that the access from the Meijer parking lot would be present without the easement. Other outlots would have access through the same service drive. Therefore, the outlots for the Meijer parcel would not have to exit onto West Main to access the Wendy's site.

In response to questions from Mr. Rakowski, it was indicated that other outlots would not have direct access to West Main Street, but would access along the service drive.

Mr. Turcott had questions with regard to the storm water retention system and whether improvements, which would be made with this proposal, would accommodate the run-off from future outlots.

Marc Elliott, Township Engineer, was present, and he stated that the Township Engineer was continuing to look at the storm water system for the site. There were some concerns, but it was felt that the site was adequate to accommodate the modifications that would be necessary to service the outlots. There were also some concerns with storm water coming from off the site to the Meijer's storm water retention system. Mr. Elliott indicated that there was also an issue concerning utilities, noting that public water would be brought to the site, but that the site would use a sanitary sewer connection from the Meijer pumping station. This pumping station would need to be improved to city requirements. However, it was felt that this would not be a problem.

Ms. Heiny-Cogswell indicated that she would support elimination of the condition imposed by No. 9 as to cross access given existing cross access which would continue to be present and the fact that the outlots would have no direct access to West Main Street. Ms. Heiny-Cogswell moved to eliminate Condition #9 of the November 15, 2001 approval, but ratify and confirm the remaining conditions, limitations and notations contained in that approval. Ms. Everett seconded the motion.

Ms. Bugge suggested that the applicant diversify proposed landscaping. The applicant indicated a willingness to alter landscaping plans to accommodate diversification. It was felt that there was no need to amend the existing approval to require diversification since the approval required Township Staff review and approval of the landscaping plan.

Upon a vote on the motion, the motion carried 6-to-1, with Mr. Rakowski voting against the motion.

TEXT AMENDMENT - SITE PLAN REVIEW PROCESS - SECTION 82.900 - PUBLIC HEARING

The Planning Commission resumed public hearing from an item tabled November 1, 2001, on a proposed text amendment concerning as-built or certified drawings and their submission prior to issuance of a certificate of occupancy. The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Bugge presented Draft 3 which included proposed changes to allow for submission of construction drawings upon completion of the project rather than as-built drawings. The language would allow a licensed professional or other informed party to sign updated site plan drawings, certifying that they represented what was actually constructed on the site.

It was noted that the Township Attorney had suggested a change to require a licensed professional, i.e., architect, engineer or contractor, to sign the construction drawings.

Marc Elliott, Township Engineer, was present, stating that he supported the use of the term "certified construction drawings" rather than "as-built drawings".

There was a discussion of possible future modifications to the open space community provisions to require a record of construction to be provided with regard to private streets at a point different than at the stage of certificate of occupancy. With regard to open space communities, it was felt that these drawings should be provided with regard to private streets prior to issuance of a building permit for a home on any site within the community.

In discussing whether the requirement of a record of construction would be a burden on project developers, Mr. Ahrens indicated that reputable contractors normally keep records of any changes made to plans during construction. Therefore, he felt that a record of construction or as-built drawings would be available as a normal part of each construction project. Therefore, he felt that submission of such a record should not be a problem.

After further discussion, Mr. Elliott suggested that the language set forth could be simplified and revised language was discussed. There was discussion of the requirements that even minor modifications be approved, at least administratively, pursuant to Section 82.925, and the need for a reference within the modified language. Mr. Ahrens noted that most projects have at least minor modifications.

Ms. Bugge indicated that she would revise and simplify the language and present it at a future meeting. Ms. Heiny-Cogswell moved to table public hearing on the text to the meeting of February 14, 2002. Mr. Ahrens seconded the motion, and the motion carried unanimously.

WORK ITEM - DAY CARE CENTERS IN THE "R-3" RESIDENCE DISTRICT

The Planning Commission reviewed Draft 3 of a proposed amendment to the Zoning Ordinance to address day care centers in the "R-3" Residence District. The Report of the Planning and Zoning Department is incorporated herein by reference.

The provisions would provide that child care centers are allowed as a special exception use within the "R-3" District in accord with requirements which are in keeping with those requirements applied to offices in the "R-3" District. The exception was with regard to square footage. Mr. Ahrens suggested that the proposed language as to square footage be consistent with that allowed for offices, and therefore increase from the 8,000 square foot calculation to 10,000 square feet. It was recognized that the actual size of the proposed child care center would be dictated by the size of the site. It was the consensus of the Planning Commission that the language be revised to allow for 10,000 square feet. Further, reference to fencing could be removed in that fencing would be considered under the general criteria for special exception use.

It was agreed that the proposed language would be revised under Section 23.408 to allow for child care centers subject to the conditions and limitations imposed on offices in Section 23.404. Further, Sections 24.203, 30.401 and 33.304 would be revised to make reference to child care centers as the terminology for the uses allowed in the "R-4", "C" and "VC" Districts. Additionally, a definition under Section 11.241 would be added. It was recognized that a change was also necessary to Section 23.404(h) to make reference to the new landscaping provisions.

Mr. Ahrens moved to schedule a public hearing on the text for February 14, 2002. Mr. Rakowski seconded the motion, and the motion carried unanimously.

DISCUSSION ITEM - NEIGHBORHOOD COMMERCIAL FUTURE LAND USE CLASSIFICATION

The Planning Commission discussed the possibility of reconsideration of establishing a Neighborhood Commercial District within the Township's Zoning Ordinance. The Report of the Planning and Zoning Department is incorporated herein by reference.

The Report sets forth a chronology of past action, noting that the Township Board had returned the item to the Planning Commission for additional consideration in 1997. In March of 1998, the Planning Commission had discussed the Township's Board's action, and tabled the matter to a future work session.

When considering a rezoning request for Ravine Road the last spring, the Planning Commission had indicated it might be appropriate to revisit the Neighborhood Commercial provisions of the Master Plan. It was the consensus of the Planning Commission that this item should be placed on the Work Plan. However, the text previously developed should be reviewed and revised in depth.

Ms. Stefforia indicated that she would review and draft a proposed text and suggest general areas for consideration to be zoned in the Neighborhood Commercial District.

FIRST QUARTER 2002 WORK PLAN

Ms. Stefforia presented a proposed Work Plan for the first part of 2002. She noted that the Agricultural Task Force was meeting the following Tuesday.

There was discussion of whether Woodland Preservation should be included on the Work Plan, and it was agreed that such preservation could be dealt with in the work on incentives and amenities. It was agreed that the text on amenities and incentives should apply to all forms of development, not merely open space communities.

Mr. Ahrens commented that he felt it was "good business" to preserve trees because of their effect on enhancing the success of the development.

With regard to home occupations, it was agreed that the text should be the subject of the Work Plan. However, it was recognized that it may be bumped from April due to the other items which would be the subject of work by the Planning Commission.

2001 ANNUAL REPORT

Ms. Stefforia submitted a Report on the work done by the Planning Commission in 2001.

OTHER BUSINESS

There was a reshuffle of the dias.

Ms. Stefforia presented a report and map concerning proposed additional parcels for consideration of agricultural zoning at the February 28, 2002 public hearing. She noted that the "Ryder" parcel in Land Section 4 should be added in that the primary Ryder parcel was included in the original public hearing notice and the additional adjoining "landlocked" parcel that is currently being farmed under lease would be appropriate for "AG" consideration. Additionally, Ms. Stefforia was contacted by the owner of the Raseman parcels who had requested that their properties be considered.

Mr. Ahrens moved to schedule a public hearing on the four parcels for consideration of the "AG", Rural Residential and "R-2" zoning for the public hearing of February 28, 2002. Ms. Heiny-Cogswell seconded the motion, and the motion carried unanimously.

Ms. Bugge reported that the Township Board at its previous meeting had referred back the fencing regulations for further consideration. It was noted that the text would be placed on the Work Plan and considered as space permitted.

Ms. Stefforia noted that a Senate Bill had been proposed prohibiting regulation of flag size and pole height. This Bill was in committee. The Planning Commissioners agreed that they would support submission of a letter by the Planning Commission commenting on the proposed Bill.

PLANNING COMMISSIONER COMMENTS

Ms. Everett reported on the goal-setting session of the Township Board, and she indicated some of the goals which had been considered, including consideration of a rental housing code. It was noted that this type of code might interact with the Michigan Building Code, the Township's Dangerous Building Code and the proposed definition of family which would be included in the Zoning Ordinance.

ADJOURNMENT

There being no further business to come before the Commission, the meeting was adjourned at 9:30 p.m.

OSHTEMO CHARTER TOWNSHIP
PLANNING COMMISSION


By:
Stanley Rakowski, Secretary

Minutes prepared:
January 14, 2002

Minutes approved:
, 2002