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Planning Commission Minutes - July 14, 2009

THE CHARTER TOWNSHIP OF CHESTERFIELD

PLANNING COMMISSION

JULY 14, 2009

A Regular meeting of the Charter Township of Chesterfield Planning Commission was held on Tuesday, July 14, 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 7:08 p.m.

2. ROLL CALL:

Present: Jim Priest Excused: Jim Moran

Robert Kohler Cheryl Printz

Paula Frame

Joe Stabile

George Deeby

Ray Saelens

Paul Miller

Others: Patrick Meagher, Township Planner

3. APPROVAL OF THE AGENDA:

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

All Ayes Motion Carried

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

5. PUBLIC HEARING:

6. REVIEWS:

A. PROPOSED BAYSIDE PLAZA PAWNSHOP – SLU #2009-03: Michael J. Gordon, RA.,

218 West Eleven Mile Road, Royal Oak, MI 48067. Proposed pawn broker/retail store located at 33165 23 Mile Road in the Bayside Plaza on the Northwest corner of 23 Mile Road and D.W. Seaton. Public Hearing Closed, Tabled June 23, 09.

Mike Gordon stated that they have been working with the Planning Department and the Planning Representatives and he has been discussing with the owner, who has been taking into consideration the concerns of the neighbors. They are looking into options, and at this point are requesting to be tabled in order to explore a different form of licensing or restricted license in order to make another presentation in two weeks.

Motion by Mr. Priest, supported by Ms. Frame to table SLU #2009-03 to the next meeting on July 28, 2009 to wait on information to guide us through this decision making process.

All Ayes Motion Carried

Mr. Priest noted that he has received a letter signed by several residents.

B. PROPOSED COFFEE/FAST FOOD STORE WITH DRIVE THRU – SLU #2009-04: Michael J. Gordon, RA., 218 West Eleven Mile Road, Royal Oak, MI 48067. Proposed coffee/fast food store with a drive thru window located in the front southeast corner of Bayside Plaza property

on the Northwest corner of 23 Mile Road and D.W. Seaton. Public Hearing Closed, Tabled June 23, 09.

Mr. Meagher stated that the applicant submitted a revised plan, however, that plan did not get distributed to the Planning Commission or himself, so there has been no follow up or further review.

Mike Gordon stated that they were in receipt of Mr. Meagher’s letter and they delivered the drawings here. For the last meeting they were a day late. He was told that it could not be distributed then. He agreed to have it distributed for this meeting. Apparently that did not happen. All of the changes that were recommended in the review were done to the drawings. This is simply a marketing device; they have no specific end user at this time. They simply want to market the out lot. With regard to the condominium review comment, they don’t know the specifics until they have an agreement in place. In negotiations if it does get sold off, then those documents will be revised.

Ms. Frame clarified that the updated plans that are in the Planning Department currently will be distributed now.

Mr. Gordon responded yes. He will make sure that they are distributed for the next meeting in two weeks.

Mr. Saelens clarified that the Planning Department already has this information.

Mr. Gordon responded yes.

Motion by Ms. Frame, supported by Mr. Stabile to table SLU #2009-04 to our next meeting in two weeks, which is July 28, 2009.

All Ayes Motion Carried

C. PROPOSED CHAPEL FOR PRESBYTERIAN VILLAGE EAST – SITE PLAN #2009-05: David Miller and Giffels-Webster 33875 Kiely Drive, Chesterfield, MI 48047. Proposed Chapel Addition for the Presbyterian Village Development located on Kiely Dr., south side of 23 Mile, just East of Callens.

Gary Gendernalik stated that when they had an initial meeting, this chapel was going to be in a different location on the campus. They thought maybe a different location was better, so he measured off where they wanted it in the front part of the facility and it worked out. Since then a committee has championed a fundraiser to raise the funds to build this facility. They have reviewed the comments from the planner and Fire Department, which indicate that they have no objections to this. With regard to the AEW comments, on their campus they have an excess of parking because the majority of their residents don’t drive.

Mr. Meagher interjected that he has reviewed the parking and has found them to be consistent with the ordinance.

Mr. Gendernalik stated that the other comment with regard to the depth of the parking spaces, that is the marking but actually there is more depth there. If we would like, they could put up signs there that say compact cars only.

Mr. Meagher commented that they have it scaled at 17 feet with a 7 foot sidewalk in front of it.

Mr. Gendernalik responded right.

Mr. Meagher stated that they easily have enough to make those 18 feet and if the commission could approve this subject to that modification, he thinks they will be fine. They have 25 foot aisles there and they are only required 24 foot.

Mr. Gendernalik asked if they only need a 5 foot sidewalk.

Mr. Meagher responded that if they are going to use the 2 foot overhang they need to have 7 foot.

Mr. Gendernalik asked what Mr. Meagher’s suggestion is on the modification.

Mr. Meagher responded just to lengthen the line a foot. Even the 17 foot with an overhang is adequate for most vehicles; however, 18 feet is what the ordinance requires.

Mr. Gendernalik stated that they can solve that. With regard to the tree preservation plan, basically the trees that are coming down, some of them are part of the landscaping; they are only doing it in this one section of the campus. They have not improved their eastern section, so they have a ton of trees over there. They are asking us to waive that requirement because there is only one tree coming down that has a 16 inch diameter; the rest of them are crabapple trees. They have a ton of trees on their campus. They have always maintained a nice facility. It is well screened from outsiders. Even the people on Embassy can’t see in because of all of the trees that they have put on their perimeter; they have grown up and you can’t see in. AEW’s comment with reference to the detectable warning strips, there is a typical cross section for that on the drawings, maybe that was just an oversight. It is on the drawing and shows the MDOT specification.

Mr. Priest clarified that they are on the ZBA agenda for a variance.

Mr. Gendernalik responded yes. They are on for next Wednesday for the height of the steeple.

Mr. Priest commented that any approval we give should also be subject to their receiving that variance.

Mr. Gendernalik responded correct.

Mr. Deeby commented that according to our ordinance, fruit trees are not protected by the Tree Ordinance anyway. They are exempt.

Mr. Stabile asked about the name of Presbyterian Village being listed on the agenda.

David Miller responded that their legal name is Presbyterian Village East; they have a dba as the Village of East Harbor. Every legal document will see Presbyterian Village East.

Mr. Meagher stated that if there were no objections, he would suggest a motion to approve contingent upon the variance for the steeple height, that the parking spaces be restriped to 18 feet rather than 17 feet, and that we are going to waive the tree preservation plan.

Motion by Mr. Priest, supported by Ms. Frame to approve Site Plan #2009-05 subject to the variance for the steeple height, that the parking spaces be restriped to 18 feet rather than 17 feet, and that we are going to waive the tree preservation plan.

All Ayes Motion Carried

D. NAPA AUTO PARTS PROPOSED NEW WALL SIGN – SGN #2009-13: Beacon/Fairmont Sign Co., 3750 Outer Drive, Detroit, MI 48234. Proposed new wall sign for above business located at 50150 Gratiot.

Ms. Frame stated that this application is missing some information. There is also some confusion with another application.

Motion by Ms. Frame, supported by Mr. Kohler to table SGN #2009-13 to our next meeting on July 28, 2009.

All Ayes Motion Carried

E. CONCENTRA URGENT CARE PROPOSED NEW WALL SIGN – SGN #2009-14: Allied Signs, Inc., 33650 Giftos Drive, Clinton Twp., MI 48035. Proposed new wall sign located at 50110 Gratiot.

Ms. Frame stated that this sign does not meet the requirements for the Sign Ordinance. It exceeds the 8:1 ratio. No representation for Concentra was present.

Motion by Ms. Frame, supported by Mr. Saelens to table SGN #2009-14 for up to 6 meetings with the deadline being October 13, 2009.

All Ayes Motion Carried

F. CONCENTRA URGENT CARE PROPOSED NEW GROUND SIGN – SGN #2009-15: Allied Signs, Inc., 33650 Giftos Drive, Clinton Twp., MI 48035. Proposed new ground sign located at 50110 Gratiot.

Motion by Ms. Frame, supported by Mr. Miller to approve SGN #2009-15 subject to the two existing signs being removed.

Mr. Stabile questioned the fact of this being approved with this stipulation while the applicant is not present.

He was advised that this is approved only if they remove the existing signs. They will then meet the ordinance.

Mr. Stabile voiced his concern for having someone follow up on this.

Vote On The Motion:

All Ayes Motion Carried

G. HALLOWEEN U.S.A. PROPOSED NEW WALL SIGN – SGN #2009-16: Flamingo Kid Signs Inc., 210 S. Saginaw, Byron, MI 48418. Proposed new wall sign located at 51364 Gratiot.

Motion by Ms. Frame, supported by Mr. Stabile to approve SGN #2009-16.

Mr. Priest noted that he received a note from the Planning Department which states that they received an old application for this agenda item, and the applicant only paid $50.00 for their application, while there is a $100.00 fee. He asked that the motion be amended to include that it be subject to them paying the full fee for their sign.

Ms. Frame amended her motion to include the above stipulation.

Mr. Stabile continued his support.

All Ayes Motion Carried

7. APPROVAL OF MINUTES OF PRIOR MEETINGS:

Mr. Deeby noted a correction to the minutes from the last meeting with regard to the square footage on SLU #2009-03, Bayside Plaza Pawnshop. The square footage should read as 2,880 rather than 28,000.

Motion by Mr. Priest, supported by Mr. Miller to approve the minutes from the June 23, 2009 meeting as revised.

All Ayes Motion Carried

8. COMMUNICATIONS:

9. NEW BUSINESS:

10. OLD BUSINESS:

A. D’Anna Building, Inc., 1055 South Blvd. Suite #200, Rochester Hills, MI 48307. Request is for a one year extension on Woodside Village Condominiums, Site Plan #2004-46. Said project received an Administrative Approval on February 12, 2008.

Mr. Deeby commented that the engineering review indicate that the permits and approvals are expired. He asked about ordinances that have been modified since the approval.

Mr. Meagher stated that he thinks that the engineers are saying that some of the permits that they would have received either through the township’s Water and Sewer Department, as well as perhaps the DEQ, and some other types may have already expired, and that they would be responsible for renewing all of those during this process.

Mr. Deeby asked if there is nothing new with regards to planning since the approval.

Mr. Meagher responded there has been nothing new. Sounds to him that this is more of an economic issue asking for the extension based on the economy.

Mr. Deeby clarified that we have already given them an extension for 18 months.

Mr. Priest indicated that they received a year and then six months.

Mr. Saelens commented that he feels that the way the economy is, it would be prudent to give them another year. Hopefully they can pull something together in that year.

Mr. Deeby commented that he would not disagree.

Motion by Mr. Priest, supported by Mr. Saelens to approve a one year extension on Site Plan #2004-46.

Mr. Kohler asked that the motion be amended to include that the applicant must renew any required permits.

Mr. Priest agreed to amend his motion.

Mr. Saelens continued his support.

All Ayes Motion Carried

11. PLANNERS REPORT:

A. ADMINISTRATIVE REQUEST #40: Lehner Associates, Inc. 17001 Nineteen Mile Road, Ste. #3, Clinton Twp., MI 48038. Request is for a proposed Drive-Up Automatic Teller Machine for the Huntington Bank located at 50650 Gratiot.

Mr. Meagher stated that he thought we already approved this for the bank.

Bill Thompson stated that he thinks it was approved in 2005, but they ran across a problem getting an easement. They worked out the easement with the previous owner. This is the same plan, but with a different owner. Now they have the easement, but the approval is expired.

Mr. Meagher commented that he has no objections to this. It is already something we reviewed and approved at one point.

Mr. Deeby commented that it was cited in the letter as being on the north side of the bank, but in all of the site plans it is on the south side.

Mr. Thompson indicated that it is the south side.

Motion by Ms. Frame, supported by Mr. Priest to approve Administrative Request #40.

All Ayes Motion Carried

12. COMMENTS FROM THE FLOOR:

Ms. Frame asked about the ordinance discussions that were to be placed on this evening’s agenda.

Mr. Meagher noted that the Public Hearing notice was not put in the paper. He will inform Ms. Giese.

Ms. Frame asked for volunteers for the next pre-planning meeting on July 28, 2009.

Mr. Miller and Mr. Saelens agreed to attend.

13. PROPOSALS FOR NEXT AGENDA:

14. ADJOURMENT:

Motion by Mr. Kohler, supported by Ms. Frame to adjourn the meeting at 7:37 p.m.

All Ayes Motion Carried

Paula Frame, Secretary Christine A. Hunyady, Recording Secretary

 

 

 

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