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Planning Commission Minutes - October 12, 2010

THE CHARTER TOWNSHIP OF CHESTERFIELD

PLANNING COMMISSION

OCTOBER 12, 2010

A Regular meeting of the Charter Township of Chesterfield Planning Commission was held on Tuesday, October 12, 2010 at 7:00 p.m. at the Township Hall Located at 47275 Sugarbush, Chesterfield, MI 48047.

1. CALL TO ORDER:

Chairman Priest called the meeting to order at 7:02 p.m.

2. ROLL CALL:

Present: Jim Priest Excused: George Deeby

Paula Frame

Joe Stabile Absent: Robert Kohler

Ray Saelens

Paul Miller

Carl Leonard

Michele Ficht

Others: Patrick Meagher, Township Planner

3. APPROVAL OF THE AGENDA:

Motion by Mr. Priest, supported by Mr. Saelens to approve the revised agenda as presented.

All Ayes Motion Carried

4. SUBCOMMITTEE REPORT: (Committee will report items under Reviews)

5. PUBLIC HEARING:

6. REVIEWS:

A. PROPOSED MICHIGAN SCHOOLS & GOVERNMENT CREDIT UNION – SLU #2010-06: Steve Brewer, CFO of MS&GCU 40400 Garfield, Clinton Twp., MI 48038. Proposed new Michigan Schools & Government Credit Union to be located in an Out Lot in the Chesterfield Commons Shopping Center, immediately west of the current branch location of 34826 23 Mile Road. Public Hearing Closed. Tabled to 10-12-2010.

Mr. Priest stated that we have a letter from the applicant requesting to be tabled until November 9, 2010.

Motion by Mr. Priest, supported by Mr. Miller to table SLU #2010-06 to November 9, 2010 as requested by the applicant.

All Ayes Motion Carried

B. ORDINANCE AMENDMENT FOR MEDICAL MARIJUANA Public Hearing held 9-28-10.

Mr. Priest commented that the Public Hearing had been closed at the last meeting. Some questions had come up at that time, pros and cons, and he thinks that the ordinance speaks for itself.

Motion by Mr. Priest, supported by Ms. Ficht to adopt and recommend to the Township Board the ordinance as it was written.

All Ayes Motion Carried

C. BLACK, BLACK AND BLACK PROPOSED LAW OFFICE – SITE PLAN #2010-03: Mrozak Architecture, 4082 John R., Troy, MI., 48085 – Proposed law office located at 34021 23 Mile Road. Tabled 6-15-2010.

Mr. Priest stated that the applicant is going to the ZBA on October 27, 2010. He asked if we have received any new information from them at this point.

Mr. Meagher responded that he does not think so.

Mr. Priest commented that we have been asking for information for some time now.

Motion by Mr. Priest, supported by Mr. Saelens to table Site Plan #2010-03 until November 23, 2010 or the next scheduled meeting after November 23, 2010, after they meet with the ZBA and have time to get back to us.

All Ayes Motion Carried

D. KROGER PROPOSED ADDITION – SITE PLAN #2010-07: The Kroger Company, 39810 Grand River, Suite C150, Novi, MI., 48376 – Proposed retail expansion located at 35000 23 Mile Road.

Mr. Priest stated that the planner has reviewed everything that they have presented, and is recommending approval. The engineer has a couple of items, which are things that will be handled during the engineering phase.

Motion by Ms. Frame, supported by Ms. Ficht to approve Site Plan #2010-07.

All Ayes Motion Carried

E. SALON K PROPOSED NEW WALL SIGN - #2010-39 SGN: MLS Sign, 25733 D’Hondt Ct., Chesterfield, MI., 48051 – Proposed new wall sign located at 48985 Gratiot.

Ms. Frame stated that this sign does meet the requirements, however, there is an issue with the placement of the sign and the removal of the existing wall sign. Since we have had no communication with the applicant, we will be in contact with the applicant.

Motion by Ms. Frame, supported by Mr. Miller to table #2010-39 SGN for up to 6 meetings, with the deadline being January 25, 2011.

All Ayes Motion Carried

F. VICTORY MOTORS PROPOSED NEW GROUND SIGN - #2010-40 SGN: Phillips Signs, 40920 Executive Dr., Harrison Twp., MI., 48045 – Proposed new ground sign located at 29169 23 Mile Road.

Ms. Frame stated that the applicant has submitted a new picture of the sign with the address added.

Motion by Ms. Frame, supported by Ms. Ficht to approve #2010-40 SGN.

All Ayes Motion Carried

7. APPROVAL OF MINUTES OF PRIOR MEETINGS:

Motion by Mr. Priest, supported by Mr. Miller to approve the minutes from the August 24, 2010 meeting as sent.

All Ayes Motion Carried

Motion by Mr. Saelens, supported by Ms. Ficht to approve the minutes from the September 28, 2010 meeting as sent.

All Ayes Motion Carried

8. COMMUNICATIONS:

9. NEW BUSINESS:

A. ROULO PROPOSED REZONING PETITION #324: Phyllis T. Roulo P.O. Box 760, New Baltimore, MI 48047. Requesting to rezone property located on the north side of 23 Mile, just east of Sherborne Dr, Address is 34875 23 Mile, request to rezone from RM-2 (Multiple Family) to C-3 (General Commercial) Set Public Hearing for 11-9-2010.

Motion by Mr. Priest, supported by Mr. Stabile to set the Public Hearing on Rezoning Petition #324 for November 9, 2010.

All Ayes Motion Carried

10. OLD BUSINESS:

11. PLANNERS REPORT:

Presbyterian Village of Michigan, 26200 Lahser Road, Southfield, MI., 48034 Proposed administrative change to previously approved PUD #2006-20.

Mr. Meagher stated that they are requesting to slightly move a couple of buildings on their site so that they can facilitate some utilities. He has no objections to this. The engineer takes no exceptions with this also. They have been working with the engineers to facilitate the utility locations. They are moving the buildings back into the open space, but at the same time they are opening some space on the opposite side of the buildings. There is really no net loss or net gain by moving the buildings.

Motion by Mr. Priest, supported by Ms. Frame to approve the change that is proposed in line with the planner’s recommendation.

All Ayes Motion Carried

L&A Architects, 2430 Rochester Ct., Troy, MI., 48083 – Proposed administrative change to McDonalds located at 28320 23 Mile Road. Administrative Approval #53.

Mr. Meagher stated that they are requesting to add a second drive-thru lane at the rear of the building. They are also requesting a small addition to basically fill in one corner of the building, and then a major façade overhaul to modernize the building. They have also indicated on the plan that they are going to remove the eight foot landscape strip on the east side of the property. In his discussions with their architect, that removal was to facilitate our Fire Department’s request and McDonald’s corporate request. He noted in his review that the greenbelt that is there is about the only green space in the area, and he would have liked to have seen some additional landscaping placed there, he does not mean screening because it is next to commercial, but something to create a little visual break between Discount Tire and McDonalds. Our Fire Department does want a 20 foot clear lane around the building. Our engineers have listed four concerns. He went on to read the engineers comments. The Fire Department has indicated that they want a Knox box installed, and they will do a thorough review later on, but that they give their approval at this time.

Mr. Priest commented that he knows that we have bought into the plan from Macomb County regarding ingress and egress, entrance and exit. Our goal is to go to one entrance/exit for each location. It seems to him that this would be the ideal time to do that since they are doing the work there.

Mr. Meagher stated that he does not necessarily disagree with Mr. Priest. He did not comment on them because he has had preliminary meetings with the applicants. During those meetings they discussed the additional drive lane, the small addition and the façade change, which is welcome in the community. At that point in time he did not see any relation between the improvements and the drives, and because this is administrative he did not want to put a lot of review thought into that. He did have discussions on that with the architect.

Greg Lautzenheiser stated that after their discussions with McDonalds Corporate their thought on the proposed relocation of the parking along the east property line, although it has been there many years and has been operational, does not meet the township’s standards, nor does it meet the McDonald’s standards for a drive aisle lane. Also, they love green but they only have so much room. What they are proposing meets the request of our Fire Department and McDonalds Corporate. On that side of the building they have a canopy over the drive thru, which comes over four feet. If there is no car in the drive thru they have the 20 feet, however, if there is a car there (inaudible). That is why they relocated the parking. Currently there is a 14.3 foot lane between the drive thru lane and the parking, so they don’t meet the ordinance, although it has been operational.

Mr. Priest asked if there is any cross access in the back between any of the businesses.

Mr. Lautzenheiser responded there is none now.

Mr. Saelens commented that this seems like the perfect time to follow Macomb County’s recommendation to go from a dual entrance to a single entrance/exit. It is a tough place to get out of. He feels it is unsafe. We have required changes with other expansions. He feels it is a safer way to go.

Ms. Frame completely concurred. This is the perfect time if we are going to move things around in the parking lot. We have held other establishments to single accesses when they revamped their facilities. It would make this a safer area. Our goal is to eventually have every business down 23 Mile Road with a single access. She would also like to see a reciprocal driveway on the south end between businesses. She knows that the elevations are off at this time, but maybe in the future that could be a possibility. This is a very large project to be taking on administratively. We would like to see what we can get to have the best safest route possible.

Mr. Meagher commented that he did work with the applicants and advised them that he thought it was minor enough to be administrative. He wanted us to know that they did not come in and demand to be handled in an administrative manner.

Mr. Lautzenheiser commented that they only want to do the right thing the right way.

Mr. Saelens asked Mr. Meagher if we could do the new access administratively.

Mr. Meagher responded that there is no difference, with the exception of the review fee. The commission is still acting on the site plan. He has no objections continuing on this line.

Mr. Leonard asked if the cross accesses in the future will be consistent along the backs of the businesses, or will we have backs and fronts based on obstacles, retention ponds and buildings.

Mr. Meagher responded that they will have to vary in some cases.

Mr. Leonard asked if that is going to create a different problem having them both in the fronts and backs.

Mr. Meagher responded that we will have to look at each one on an individual basis. The engineers may look at this and say there is no way to get cross access because of the grading.

Mr. Leonard commented that it is convenient to travel between developments without having to go back out on the road.

Mr. Meagher asked if anyone had any concerns with regard to the double drive thru, small addition and façade change.

Everyone agreed that they did not have concerns.

Mr. Priest asked the applicants to consider our concerns and stated that we will table this to the next meeting.

Mr. Lautzenheiser responded that the cross access on the one side is physically impossible because of the building. They could probably entertain it, if it would make sense, with Discount Tire. They have done this before as they do a lot of work for McDonalds. It works better if it is uniform, either all across the back or the front. The intent is very good from a design standpoint. They can certainly look into it.

Kevin Setter stated that his only concern would be height difference. He does not think our engineering department would like that to happen, but they are open to whatever.

Ms. Frame asked about the single access drive. That is her major concern.

Mr. Setter responded that not being an architect, he would have to see it before he could comment on it. He will look at it before the next meeting.

Mr. Stabile wondered if we are looking at the single access, might there be room across the front on the other side for the cross access.

Mr. Priest commented that we have Midas there.

Mr. Lautzenheiser agreed that he likes the tabling idea so that they can look at the cross access with Discount Tire at the same time. It will also give them time to get with Mr. Meagher and the engineer to see what they can come up with.

Motion by Mr. Priest, supported by Mr. Miller to table Administrative Request #53 to our November 9, 2010 meeting in order to give all parties time to discuss this and see what can be worked out.

There was brief discussion with regard to the tabling time and submittal timelines.

Mr. Lautzenheiser agreed to leave the tabling to November 9, 2010.

Vote On The Motion:

All Ayes Motion Carried

SIGN ORDINANCE AMENDMENT

Mr. Meagher asked if everyone looked over the Sign Ordinance Amendment that was put forth at the previous meeting. He stated that we don’t have to have a Public Hearing at the Planning Commission because it is part of the Regulatory Sign Ordinance. He asked for a motion to forward this to the Township Board for their consideration.

Motion by Ms. Frame, supported by Ms. Ficht to forward the Sign Ordinance Amendment to the Township Board for their consideration.

All Ayes Motion Carried

12. COMMENTS FROM THE FLOOR:

Gary Gendernalik asked for a copy of the Sign Ordinance Amendment and the Marijuana Ordinance.

Mr. Meagher and Ms. Ficht supplied copies to him.

Mr. Meagher advised Ms. Ficht that when the Marijuana Ordinance is introduced at the Township Board meeting to let the Board know that it best fits under Section 76-98, which is part of the general provisions.

Mr. Gendernalik clarified that we are basically outlawing dispensaries.

Mr. Meagher responded that is basically what we are doing. It allows for the State Law to be followed. We are not outlawing the use, and we are complying with the law.

There was brief discussion with regard to the Marijuana Ordinance.

Mr. Saelens asked Mr. Meagher when he meets with McDonalds to check if we can get some of the green space back if they go to a single access.

Mr. Meagher responded that he will play around with the radii to see if it works.

Ms. Frame asked for volunteers for the next pre-planning meeting.

Ms. Ficht and Mr. Miller agreed to attend. Mr. Saelens commented that he would be available in two weeks if necessary.

13. PROPOSALS FOR NEXT AGENDA:

14. ADJOURMENT:

Motion by Mr. Priest, supported by Ms. Frame to adjourn the meeting at 7:47 p.m.

All Ayes Motion Carried

Paula Frame, Secretary
Christine A. Hunyady, Recording Secretary

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