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Planning Commission Minutes - January 27, 2009

THE CHARTER TOWNSHIP OF CHESTERFIELD

PLANNING COMMISSION

JANUARY 27, 2009

A Regular meeting of the Charter Township of Chesterfield Planning Commission was held on Tuesday, January 27, 2009 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 7:00 p.m.

2. ROLL CALL:

Present: Jim Priest Excused: Ray Saelens

Robert Kohler Cheryl Printz

Paula Frame

Joe Stabile

Jim Moran

George Deeby

Paul Miller

Others: Patrick Meagher, Township Planner

3. APPROVAL OF THE AGENDA:

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

All Ayes Motion Carried

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

5. PUBLIC HEARING:

A. PROPOSED PARTIALLY COVERED BOAT WELL ON CANAL LOT Joachim Lohmann, 47676 Harbor Drive, Chesterfield, MI., 48047 – Proposed partially covered boat well located across from above address. SLU #2008-11: Public Hearing held open from 10-28-08.

Motion by Mr. Priest, supported by Mr. Moran to open the Public Hearing on SLU #2008-11 at 7:02 p.m.

All Ayes Motion Carried

Gary Gendernalik stated that he has received Mr. Meagher’s comments dated January 26, 2009, along with the comments from AEW and the Fire Department. The Fire Department has no problems with this petition. Mr. Meagher and the engineer have a concern as to the legal right of his client to continue his project. They had gone to the ZBA in December and were granted the variances that they had requested. They now meet the requirements. He has had a couple of meetings with Chris Anderson through this process, and she had indicated that procedurally they could go to the ZBA to get the variances, which they did, and they were successful. He suggested that the Public Hearing be continued to the next meeting so that they can get resolution to the legal issue referred to in the comments. He briefly referenced the minutes from the December ZBA meeting.

Mr. Priest commented that the 21 encroachments that Mr. Gendernalik referred to on Harbor Drive encroach into the roadway; this petition encroaches into the waterway.

Mr. Gendernalik responded that there are a lot of them that encroach into the canal. There are lifts all up and down there.

Mr. Meagher stated that if the attorney says yes they had the right to get the variances then they can come back and they do meet all of the ordinances and it would be consistent so the commission can make a motion at that point. He would like the attorney to put something in writing so later on when we get another one in we will understand how we got to this point. He sees no reason to keep the Public Hearing open as he sees no new evidence being brought before the commission at this point.

Mr. Stabile commented that he read the minutes and maybe there was some misunderstanding on the ZBA’s part because the minutes read that we were okay with everything else. We never said that we were okay with everything else. We didn’t even talk about the site plan because of the encroachments.

Mr. Meagher commented that we cannot control what the ZBA says.

Mr. Gendernalik responded that when they were in front of the ZBA, shortly into the meeting, the recording system died. He gave them his portable tape recorder and they used that. He noted where someone said that it looked like a hodge-podge, and then he said that is because they started the building and then they got the stop work order, so they stopped and they covered it with blue tarp. The minutes say Mr. Gendernalik said that it’s supposed to look like a hodge-podge. It does because the structure is up and it’s partially enclosed with the T-111 and partially enclosed with blue tarp. At the Public Hearing at the ZBA no one from the public came, and when they were here before a few people came and said that they were in favor of it. He does not have a problem procedurally with closing the Public Hearing.

Mr. Priest reviewed that we will close the Public Hearing, refer to our township attorney for an interpretation and go forward from there.

Motion by Ms. Frame, supported by Mr. Deeby to close the Public Hearing on SLU #2008-11 at 7:09 p.m.

All Ayes Motion Carried

Motion by Ms. Frame, supported by Mr. Moran to table SLU #2008-11 to our next meeting on February 10, 2009 by following the advice of Community Planning & Management to refer this back to our township attorney to make sure that all of the variances are valid.

All Ayes Motion Carried

6. REVIEWS:

A. WALMART PROPOSED NEW POLE SIGN - #2008-35 SGN: Atwell-Hicks, 50182 Schoenherr, Shelby Twp., MI., 48315 – Proposed new pole sign located at new Wal Mart on south side of 23 Mile Road, east of I-94. Tabled 6-10-08.

Ms. Frame stated that the applicant has requested that the signs be tabled.

Motion by Ms. Frame, supported by Mr. Miller to table #2008-35 SGN, #2008-36 SGN, #2008-38 SGN, #2008-39 SGN, #2008-40 SGN, #2008-41 SGN, #2008-42 SGN and #2008-43 SGN for up to 6 meetings with the deadline being April 28, 2009 to allow the applicants to revise the applications to meet the ordinances.

Mike McPherson asked for clarification on sign #2008-35, which is the ground sign. He agreed with tabling all of the building signs as was discussed. The ground sign does not meet the ordinance. They are asking for a variance on that sign. They want to go with one sign that equals the size of the allowable two signs. He asked the commission for feedback on that as to if we want them to come back with a sign that meets the ordinances.

Mr. Priest responded yes our preference is definitely that they meet the ordinance. We have not been giving variances unless there has been extenuating circumstances. 128 square feet is one really big sign. We just can’t go over the 64 square feet that much.

Mr. McPherson commented that they can then come back with two signs at 64 square feet.

Mr. Priest responded we can work with that, yes.

Vote On The Motion:

All Ayes Motion Carried

B. WALMART PROPOSED NEW WALL SIGN (WAL*MART) - #2008-36 SGN: Atwell-Hicks, 50182 Schoenherr, Shelby Twp., MI., 48315 – Proposed new wall sign located at new Wal Mart on south side of 23 Mile Road, east of I-94. Tabled 6-10-08.

See Review Item A Above.

C. WALMART PROPOSED WALL SIGN (SUPERCENTER) - #2008-37 SGN: Tabled 6-10-08. WITHDRAWN BY PETITIONER.

D. WALMART PROPOSED NEW WALL SIGN (MARKET & PHARMACY) - #2008-38 SGN: Atwell-Hicks, 50182 Schoenherr, Shelby Twp., MI., 48315 – Proposed new wall sign located at new Wal Mart on south side of 23 Mile Road, east of I-94. Tabled 6-10-08.

See Review Item A Above.

E. WALMART PROPOSED NEW WALL SIGN (HOME & LIVING) - #2008-39 SGN: Atwell-Hicks, 50182 Schoenherr, Shelby Twp., MI., 48315 – Proposed new wall sign located at new Wal Mart on south side of 23 Mile Road, east of I-94. Tabled 6-10-08.

See Review Item A Above.

F. WALMART PROPOSED NEW WALL SIGN (OUTDOOR LIVING) - #2008-40 SGN: Atwell-Hicks, 50182 Schoenherr, Shelby Twp., MI., 48315 – Proposed new wall sign located at new Wal Mart on south side of 23 Mile Road, east of I-94. Tabled 6-10-08.

See Review Item A Above.

G. WALMART PROPOSED NEW WALL SIGN (RECYCLE) - #2008-41 SGN: Atwell-Hicks, 50182 Schoenherr, Shelby Twp., MI., 48315 – Proposed new wall sign located at new Wal Mart on south side of 23 Mile Road, east of I-94. Tabled 6-10-08.

See Review Item A Above.

H. WALMART PROPOSED NEW WALL SIGN (PHARMACY DRIVE THRU) - #2008-42 SGN: Atwell-Hicks, 50182 Schoenherr, Shelby Twp., MI., 48315 – Proposed new wall sign located at new Wal Mart on south side of 23 Mile Road, east of I-94. Tabled 6-10-08.

See Review Item A Above.

I. WALMART PROPOSED NEW WALL SIGN (ENTER - EXIT) - #2008-43 SGN: Atwell-Hicks, 50182 Schoenherr, Shelby Twp., MI., 48315 – Proposed new wall sign located at new Wal Mart on south side of 23 Mile Road, east of I-94. Tabled 6-10-08.

See Review Item A Above.

7. APPROVAL OF MINUTES OF PRIOR MEETINGS:

Motion by Mr. Priest, supported by Mr. Moran to approve the minutes from the January 13, 2009 meeting as sent.

All Ayes Motion Carried

8. COMMUNICATIONS:

9. NEW BUSINESS:

10. OLD BUSINESS:

Extension letter from Kenneth Klaft, 59715 Glacier Court, Washington Twp., MI 48094. Requesting a 1 year extension for Salt River Harbor Condominiums PUD #2006-25.

Gary Gendernalik stated that he had been informed by the commission secretary that it is the commission’s preference to do six month extensions. They have permits from the Corps and the DEQ, which have been extended. They are not moving forward at this time because no one is buying anything and they don’t want to dismantle their marina and have no stream of revenue to pay the property taxes or other expenses until things pick up. Their preference is a one year extension, but if the commission’s preference is six months, then depending on what happens before that they will be back.

Mr. Deeby asked if there have been any extensions up to now.

Mr. Gendernalik responded that he does not think so because the first one was for eighteen months or two years.

Mr. Priest commented that it was two years.

Mr. Meagher commented that it seems to him that a PUD is good for three years. Mr. Meagher read section 76-481H from the ordinance, which confirmed that a PUD is for three years from the approval date.

Mr. Deeby asked if Mr. Gendernalik knew what month it was approved.

Mr. Gendernalik responded no.

Ms. Frame surmised that this PUD probably did not get approved until 2007.

Mr. Gendernalik stated that when they started this project we really did not have a PUD provision for the township. He wrote the ordinance, the commission approved the rewrite, then it went to the Township Board and then they came back. He was not sure if it was the same file number when they came back. It took them a significant amount of time to get the permits from the Corps and DEQ.

Ms. Frame asked if we should withdraw this from the agenda at this time.

Mr. Meagher suggested that we table this until the next meeting so that we could verify the date that this PUD was acted on.

Ms. Frame located the file, which indicated an approval date of August 14, 2007.

Mr. Stabile commented that it seems that they waited a long time to get approval from the DEQ for the fill in.

Ms. Frame commented that they have until August 2010 before expiration.

Mr. Gendernalik agreed to be tabled to the next meeting.

Motion by Ms. Frame, supported by Mr. Kohler to table the extension for PUD #2006-25 to our next meeting for clarification of the approval date.

All Ayes Motion Carried

11. PLANNERS REPORT:

A. ADMINISTRATIVE REQUEST #37: Mark Landis of Atwell-Hicks 50182 Schoenherr Rd, Shelby Twp., MI 48315. Requesting Administrative changes to SLU: # 2008-03, the Chesterfield Wal*Mart Supercenter 23 Mile Road location.

Mr. Meagher stated that they are making several small changes that came about during engineering to the site. He has no objections to them. A couple of things need to be clarified during the process; primarily understanding the declaration of access easement because the exhibits are not attached to those yet and probably can’t be until the engineering is semi-finaled. Also, the parking corrals are changing the parking ratios, in one case in such a way that they may be less than ordinance requirements. They may have to seek a variance to address that. There are a couple of other minor issues with regard to the layout of the access to utilities on the southern piece of the parcel that is zoned multi-family, and removing some islands near the garden center. He has no objections to any of these. They just need to final out some details and they may need to approach the ZBA if they can’t be addressed any other way. He asked for a motion to approve this request. All of the changes being made are consistent with the conditions of the rezoning. None of them change philosophically how the plan works. He mentioned that the petitioner was requesting an extension. He asked that the motion also include that. They are currently working through the engineering process so this is not being delayed due to economic reasons.

The petitioner indicated that their Special Land Use expires in March.

Motion by Ms. Frame, supported by Mr. Kohler to approve Administrative Request #37 subject to all of the comments from Community Planning & Management including the six month extension.

All Ayes Motion Carried

Mr. Meagher commented that he will try to have the ordinance changes at the next meeting.

12. COMMENTS FROM THE FLOOR:

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

Mr. Moran and Mr. Deeby agreed to attend.

13. PROPOSALS FOR NEXT AGENDA:

14. ADJOURMENT:

Motion by Mr. Moran, supported by Mr. Deeby to adjourn the meeting at 7:29 p.m.

All Ayes Motion Carried

Paula Frame, Secretary Christine A. Hunyady, Recording Secretary

 

 

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