OSHTEMO CHARTER TOWNSHIP

PLANNING COMMISSION

June 10, 2004

Agenda

MAIR - REZONING - PUBLIC HEARING - 6203 STADIUM DRIVE - (PARCEL NO. 3905-26-480-020)

SOOS & ASSOCIATES - DIMENSIONAL DEVIATION - 5370 WEST MAIN STREET - (PARCEL NO. 3905-13-255-060)

RUSSELL - PINE ACRES OPEN SPACE COMMUNITY - SPECIAL EXCEPTION USE EXTENSION - EAST SIDE OF SOUTH 4TH STREET BETWEEN KL AVENUE AND L AVENUE - (PARCEL NOS. 3905-21-390-001 THROUGH 3905-21-390-023)

"C-R" LOCAL BUSINESS DISTRICT, RESTRICTED - TEXT AMENDMENT - PUBLIC HEARING

VARIOUS TEXT AMENDMENTS TO ZONING ORDINANCE - PUBLIC HEARING

MASTER LAND USE PLAN AMENDMENTS - WORK ITEM

A meeting was conducted by the Oshtemo Charter Township Planning Commission on Thursday, June 10, 2004, commencing at approximately 7:00 p.m. at the Oshtemo Charter Township Hall.

MEMBERS PRESENT: Neil G. Sikora, Chairperson
Deborah L. Everett
Lee Larson
Terry Schley
Mike Ahrens
James Turcott

MEMBER ABSENT: Kathleen Garland-Rike

Also present were Jodi Stefforia, Planning Director; Mary Lynn Bugge, Township Planner; James W. Porter, Township Attorney; and approximately 4 other interested persons.

CALL TO ORDER

The meeting was called to order at 7:00 p.m.

AGENDA

The Chairperson called for approval of the Agenda. Ms. Stefforia asked that item #5 be moved down and be considered after the public hearing called for under item #8. Ms. Everett made a motion to approve the Agenda as amended. Mr. Ahrens seconded the motion. The Chairperson called for any further discussion and hearing none called for a vote on the motion and the motion passed unanimously.

MINUTES

The Chairperson indicated the next item on the Agenda was the approval of the minutes of the meeting of May 27, 2004. Mr. Larson made a motion to approve the minutes as submitted. The motion was seconded by Mr. Schley. The Chairperson called for a vote on the motion, and the motion passed unanimously.

MAIR - REZONING - PUBLIC HEARING - 6203 STADIUM DRIVE - (PARCEL NO. 3905-26-480-020)

The Chairperson indicated that the next item on the Agenda was the consideration of the hearing on the request to rezone the property located at 6203 Stadium Drive from R4, Residential to VC, Village Commercial District. The Chairperson called for a report from the Planning Commission. Ms. Bugge presented her report dated June 10, 2004 regarding the rezoning request of Michael Mair, the same in incorporated herein by reference.

Ms. Bugge explained to the Commission the subject property was located at 6203 Stadium Drive, Parcel No. 3905-26-480-020. She said the property is currently zoned R4 Residential District and that the applicant was requesting that the property be rezoned to the VC, Village Commercial District. She told the Commission that the property was the site of the now vacant Sherwood Place and consisted of approximately 3.8 acres on the south side of Stadium Drive. She noted that the property was in the Village Focus Area and the Downtown Development Authority Area. She said that the rezoning was consistent with the Master Land Use Plan.

Ms. Bugge then reviewed with the Commission the properties surrounding the subject property and their current use and zoning classification. Ms. Bugge then went on to take the Commission through the criteria for consideration of the rezoning request. She asked first whether the proposed rezoning was supported by the Master Land Use Plan and noted that the Land Use Plan classified the property as Village Focus Area and would support the rezoning of the property. She said that the property was left in its current zoning designation in 2000 because it reflected the use of the property at that time.

Ms. Bugge then asked the Commission to consider whether the proposed rezoning would severely impact traffic, public facilities and the natural characteristics of the surrounding area or change population density. She said she did not believe the rezoning would have a detrimental impact on traffic or facilities given the prior development of the property and the non-residential and multi-family land uses currently in the area. She also noted that the Planning Commission should consider all possible uses available under the VC, Village Commercial District, which would be permissible if the property were rezoned.

Ms. Bugge then asked the question of whether the proposed rezoning would constitute a spot zone granting special privilege to one land owner not available to others. She noted that the subject property was adjacent to property already zoned VC, Village Commercial, and the request was consistent with the Master Land Use Plan.

Ms. Bugge then asked if the proposed rezoning would be contrary to the established land use pattern. Ms. Bugge again pointed out the development to the east, multi-family residential, as well as commercial zoning to the north and VC, Village Commercial, to the west.

Ms. Bugge then asked the question of whether the proposed rezoning, if it were approved, would have the effect of stimulating similar requests. Ms. Bugge said she doubted that it would have such an effect and said the properties to the west were currently zoned VC, Village Commercial, and the properties to the east and south were zoned for and used as multi-family residential. Therefore, she concluded it was not likely that any similar request would be prompted by the proposed rezoning.

Ms. Bugge then asked the Commission to consider whether there had been a change in conditions in the surrounding area which would support the purposed rezoning. Ms. Bugge asked that the Commission take note of the newly formed Downtown Development Authority and the recently adopted Development Plan. She said that it was the intent of the DDA to stimulate new investment in the area consistent with the Focus Area Plan.

Ms. Bugge then asked the Commission to consider whether there were adequate sites properly zoned elsewhere to accommodate the proposed use. Ms. Bugge again asked the Commission to consider all uses allowed in the Village Commercial zoning district during the Commission deliberations.

The Chairperson asked if there were any questions of Ms. Bugge. Mr. Turcott asked about the parcel immediately south of the subject property and what its current use was. Ms. Bugge said it was currently occupied by a six to eight unit multi-family dwelling.

The Chairperson asked to hear from the applicant. Mr. Michael Mair complimented Ms. Bugge and said that she had summed up the proposal very well. Mr. Mair said he thought that the proposed rezoning would provide a nice transition to the current village commercial area and thought that the subject property needed to be changed in order to facilitate its redevelopment.

The Chairperson called for public comment and hearing none closed the public portion of the hearing. The Chairperson called for comments on the issues raised by Ms. Bugge in her presentation to the Commission. The Chairperson said he thought that all the issues which needed to be addressed by the Commission were set forth in the report and called for a motion on the proposed rezoning. Mr. Turcott made a motion to recommend the rezoning of the subject property from R4, Residential District, to VC, Village Commercial. Ms. Everett seconded the motion. The Chairperson called for further discussion and hearing none called for a vote on the motion and the motion passed unanimously.

RUSSELL - PINE ACRES OPEN SPACE COMMUNITY - SPECIAL EXCEPTION USE EXTENSION - EAST SIDE OF SOUTH 4TH STREET BETWEEN KL AVENUE AND L AVENUE - (PARCEL NOS. 3905-21-390-001 THROUGH 3905-21-390-023)

The Chairperson indicated that the next item on the Agenda was consideration of the Special Exception Use Extension for Pine Acres Open Space Community. The Chairperson asked to hear from the Planning Department. Ms. Mary Lynn Bugge presented a report dated June 10, 2004 regarding Pine Acres to the Planning Commission and the same is incorporated herein by reference.

Ms. Bugge began by telling the Commission that the subject property consisted of approximately 24.5 acres on the east side of 4th Street between KL and L Avenue (Parcel Nos. 3905-21-390-001 through 3905-21-390-023). She said that it was an open space site condominium development which had been granted Planning Commission approval on April 27, 2000. She said that there has also been a renewal by the Planning Commission on May 22, 2003 and attached a copy of the Minutes of those meetings to her report. The site plan was in conformance with current Township requirements.

The Chairperson asked if there were any questions or comments for the Planning Department. The Chairperson then asked how many extensions the applicant would be allowed. Ms. Stefforia and Ms. Bugge pointed out that under Sec. 60.205 of the Township Zoning Ordinance extensions of time could be granted for such periods of time that the Planning Commission determined to be reasonable and proper.

The Chairperson asked if the applicant had anything further for consideration. Mr. Jim Russell indicated that he did not. The Chairperson called for public comment and hearing none closed the public portion of the meeting.

Ms. Everett asked the applicant what time table he had in mind for commencement of the project. The applicant said that he believed they would begin the project as soon as they could secure financing for construction of the road. He estimated that financing would be secured within the next couple of years. A question arose then as to length of the extension. Ms. Stefforia again pointed out under Sec. 60.205 that the Commission could grant the extension of the renewal and special use permit for what the Commission believed to be a reasonable length of time.

After further discussion Mr. Ahrens made a motion to grant the extension subject to all existing conditions for a period of one year. Mr. Schley seconded the motion. The Chairperson called for discussion on the motion and hearing none called for a vote on the motion and the motion passed unanimously.

"C-R" LOCAL BUSINESS DISTRICT, RESTRICTED - TEXT AMENDMENT - PUBLIC HEARING

The Chairperson said the next item for consideration was the CR Local Business District Restricted Text Amendment. The Chairperson called for a report from the Planning Department. Ms. Stefforia presented her report to the Commission dated June 1, 2004 regarding the C-R Local Business District Restricted and the report is incorporated herein by reference.

Ms. Stefforia explained to the Commission that they discussed this last at their May meeting and that no changes were suggested at that time of review. She said the proposed amendments took the permitted uses and made them Special Exception Uses with no identified permitted uses provided for under the proposed text. She said the other revisions were made for clarifications, to quality limitations on allowed uses, and to provide for additional uses in the District such as retail and scientific/medical laboratories.

The Chairperson asked the Commission if they had any questions of Ms. Stefforia. Hearing none, he opened the meeting up to public comment. Mr. Mark Hoffman informed the Commission that he thought the changes were very good and that he was agreeable. He said he thought the proposed changes would be beneficial to the area at issue. Mr. Hoffman then asked how he could obtain a copy of the zoning ordinance once it was amended. The Planning Department said that he could either go online or contact the Planning Department directly to receive a copy of the revised ordinance, once adopted.

The Chairperson called for further comment from the Commission members. Hearing none he called for a motion on the matter. Ms. Everett made a motion to recommend the adoption of the amendments to the CR Local Business District Restricted Text. The motion was seconded by Mr. Turcott. The Chairperson called for a vote on the motion and the motion passed unanimously.

Greg Taylor asked when this matter might come before the Township Board. Ms Stefforia said that she thought it would likely come before the Board at the June 22, 2004 meeting.

MASTER LAND USE PLAN AMENDMENTS - WORK ITEM

The Chairperson indicated that the next item on the Agenda was to discuss the proposed Master Plan Amendments. The first item for consideration was the consideration of the utility maps and text update. The Chairperson called for the report from the Planning Commission. Ms. Stefforia presented the Commission with a report dated June 2, 2004 regarding updating the sewer and water maps in Chapter 6 of the Master Land Use Plan and the same is incorporated herein by reference.

Ms. Stefforia explained to the Commission that many of the maps in Chapter 6 of the Master Land Use Plan were over ten years old and given the Township's new capital improvement program, she thought it was necessary to update the sewer and water maps. However, she noted that as she went through the process, she determined it might be more appropriate to update all of Chapter 6, to ensure that both the maps and text were current.

Ms. Stefforia asked the Commission if they wanted to consider updating the entire Chapter. Ms. Everett said she thought it was appropriate at this time. Mr. Schley and Mr. Turcott agreed. Mr. Ahrens said he thought it was appropriate to update Chapter 6 of the Master Land Use Plan. Mr. Larson concurred.

The Chairperson asked if there was any further discussion and hearing none called for a motion. Mr. Larson made a motion to request Township Board approval so that the Planning Commission could pursue updates to Chapter 6 of the Master Land Use Plan. Mr. Ahrens seconded the motion. The Chairperson called for vote on the motion and the motion passed unanimously.

VARIOUS TEXT AMENDMENTS TO ZONING ORDINANCE - PUBLIC HEARING

The Chairperson said the next item up for consideration were the various text amendments to the zoning ordinance. The Chairperson called for a report from the Planning Commission. Ms. Bugge presented her report dated June 10, 2004 regarding the various text amendments to the Planning Commission and the same is incorporated herein by reference.

Ms. Bugge took the Commission through the proposed text amendments including adding a definition of family day care and group day care home, adding the definitions of hotel, motel, and front yard. In addition, she said they were adding family day care and group day care homes to the various districts where they would be listed as permitted or special exception uses, respectively. Ms. Bugge then went through the other text amendments.

The Chairperson asked if there were any questions or comments from the Planning Commission. Hearing none the Chairperson asked if there were any comments from the public. Ms. Rosalyn Roberts told the Commission that she was very concerned about the issue of lighting and how it affected residential properties within the township. She said that they had lived on Beech Avenue near to the Dinerstein property and that their property was subject to an incredible glare invading their sitting room and bedroom area. She said that the Dinerstein people had been kind and had replaced three of the four lights which were causing the problem but that she thought the Planning Commission should be aware that the current ordinance did not go far enough in preventing lighting problems.

The Chairperson asked if the proposed text amendments would address the issue raised by Ms. Roberts. Ms. Bugge indicated that it would because the proposed text was requiring full cut-off fixtures for all building mounted lighting. Mr. Paul Roberts said that the wall lighting which was originally at the Dinerstein property was more like a flood light rather than fixtures to assist with lighting around the building. Mr. Larson asked if the foot candle reading of the lights at the property line was in compliance with the Township ordinance. Ms. Bugge indicated that it was but that there was still the issue of glare. Ms. Stefforia agreed and said that it was more an issue of glare than foot candle power. Mr. Roberts said that he appreciated the efforts the Township took on their behalf and appreciated the fact that the Commission was looking at changing its lighting requirements.

The Chairperson called for further public comments and hearing none closed the public portion of the meeting and asked the Commission for further discussion or a motion on the matter. Mr. Ahrens made a motion to recommend adoption of the various text amendments to the Township Commission. The motion was seconded by Mr. Turcott. The Chairperson called for further public comment and hearing none called for a vote on the motion and the motion passed unanimously.

MASTER LAND USE PLAN AMENDMENTS - WORK ITEM

The Chairperson indicated that the next item up for consideration was the 11th Street/Parkview Avenue Future Land Use Map designation and the Genessee Prairie Focus Area Plan . The Chairperson called for a report from the Planning Commission. Ms. Stefforia presented a memorandum dated April 1, 2004 and June 4, 2004 regarding Genessee Prairie Focus Area and Future Land Use Map designations at the 11th Street and Parkview Avenue and the same is incorporated herein by reference.

Ms. Stefforia told the Commission that it might be appropriate to review the Genessee Prairie Focus Area and the Land Use Designations for the 11th Street/ Parkview area given the recent changes occurring along the Township's eastern border. Ms. Stefforia pointed out that the existing land uses include single family residential, office, churches and senior housing. She said that large parcels owned by churches were unlikely to turn over. However, small residential parcels would have to be combined if there was going to be multi-family development of any significant size. She also indicated a multi-family designation surrounds a protected residential area. She asked, therefore, whether "multi-family" was an appropriate future land use classification for this area, or, if instead, " transitional" would be a more appropriate.

Ms. Everett asked about property development in the area including the property owned by the school and churches.

Mr. Ahrens said perhaps the Commission should consider a transitional designation in the north one-half of the area because he was not sure whether the area would remain residential. The Chairperson pointed out that persons owning agricultural property in that area had asked in the past that it not be rezoned. Ms. Bugge noted that those individuals who are currently farming still wanted the opportunity to develop the property for something other than agricultural use. Ms. Stefforia said that perhaps the Planning Commission should wait and react to the future requests as they are presented to the Planning Commission.

The Chairperson said he thought it was a good idea to discuss the options now because he was not sure that the land use plan was moving in the right direction. However, he said he was not sure how the property should be designated for future development.

Mr. Larson said that he wanted to hear more about Mr. Ahrens' idea. Mr. Ahrens proposed developing the northeast section, south of Parkview, for commercial service facilities. Ms. Bugge suggested that perhaps it could be zoned R2 in order to accommodate Planned Unit Developments. Mr. Ahrens said that perhaps the area was in need of restaurants or some other type of service businesses, as the area grew. Mr. Schley said that he did not think that he wanted to see a move in that direction and thought that they should keep the commercial and high tech development on the east side of US-131. Mr. Schley said he thought that low density residential would fit in quite nicely and that he would like to see US-131 be the buffer between the business park and residential development in the township. Ms. Everett agreed with Mr. Schley and said that she would like to see it classified as low density residential on the Land Use Plan. However, she noted that perhaps north of Parkview it could be developed or planned so that it could accommodate R3 zoning in that area. Mr. Schley said perhaps they could work on the area north of Parkview and wait on the property south of Parkview until some zoning requests were presented for consideration.

Ms. Stefforia suggested an area beginning west of Vienna Street running north to an area south of Holiday Lane and east to US-131 be changed to "transitional" in order to accommodate the changes which the Planning Commission were considering. She said that such a change would accommodate R3 zoning and allow for a transition from the US-131 area to the multi-family residential to the west. Mr. Ahrens said he could support that concept. Mr. Schley said he could support that proposal as well. Ms. Stefforia pointed out that she still envisioned keeping the "Protected Residential" area in its classification. The Planning Commission members concurred. The Chairperson said he thought he could support that idea as well. Mr. Larson asked if the protected residential area would run from the west side of Vienna as well. Ms. Stefforia said that it would.

The Chairperson asked if there was further discussion and hearing none called for a motion. Mr. Ahrens made a motion to recommend to the Township Board that the Planning Commission receive permission to consider a Future Land Use Map and Master Land Use Plan change from "multi-family residential" to "transitional" for that area north of Parkview Avenue west of Vienna Street, running north to a point just south of Holiday Lane, east to US-131 and south back to Parkview Avenue. Mr. Larson seconded the motion and the Chairperson called for a vote and the motion passed unanimously.

SOOS & ASSOCIATES - DIMENSIONAL DEVIATION - 5370 WEST MAIN STREET - (PARCEL NO. 3905-13-255-060)

The Chairperson indicated the next item on the agenda was the re-consideration of the dimensional deviation for Soos & Associates. The Chairperson called for a report from the Planning Department. Ms. Stefforia explained to the Commission that the Planning Commission had discussed the previous dimensional deviation granted to Soos & Associates with their attorney. The Commission also discussed a confidential memorandum which it received from Township counsel regarding the matter. Ms. Stefforia said the property owner had indicated through their attorney, Mr. Chojnowski, that they were willing to reconfigure the drive to a right in-right out only driveway configuration.

Discussion ensued regarding the applicant's proposal. Mr. Schley said he did not think the applicant's proposal would enhance safety whatsoever and was very concerned about people trying to circumvent the proposed drives resulting in more harm to the public. Mr. Larson said that he would support a single drive and felt that a single drive with a left turn and right turn out configuration would serve the purpose and that would be much safer for the public in the long run. Ms. Everett asked what MDOT would approve. Ms. Stefforia said MDOT had rejected the Township's initial design and was not certain whether they would accept the single drive with a right turn only. Ms. Bugge said that the applicant expressed concerns over the amount of parking spaces which would be lost with a design as proposed by Mr. Larson. Mr. Larson said that perhaps the applicant would have to consider creating a new drive closer to the center of the property to accommodate the traffic pattern which they were trying to achieve.

The Chairperson suggested that perhaps the Commission was arguing against itself and that they should return the matter to the applicant for reconsideration. Mr. Schley pointed out that the Planning Commission had approved the original dimensional deviation request and that it was the applicant who had rejected the Commission's approval. Mr. Schley suggested that the Commission instruct the Planning Department to return to the applicant's attorney and explain that the Commission did not want to approve two drives, right in and right out only. He said that the applicant should be told that the Planning Commission was favoring a single drive with a single in and single out access point onto M-43.

Mr. Larson made a motion that the Planning Department present the Commission's position to the applicant as indicated by Mr. Schley. Mr. Schley seconded the motion. The Chairperson called for further discussion and hearing none the motion passed unanimously.

Other Business

None.

Planning Commissioner Comments

None.

Adjournment

There being no further business to come before the Planning Commission, the meeting was adjourned at 9:35 p.m.

OSHTEMO CHARTER TOWNSHIP
PLANNING COMMISSION

By:
Kathleen Garland-Rike, Secretary

Minutes prepared:
June 14, 2004

Minutes approved:
, 2004