Charter Township of Lyon. Planning Commission Meeting Minutes January 8, 2018

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1 Planning Commission Meeting Minutes January 8, 2018 The meeting was called to order by Mr. Conflitti at 7:00 p.m. Approved: January 22, 2018 Roll Call: Patricia Carcone, Board Liaison Jim Chuck, Secretary Michael Conflitti, Chairperson Stephan Hoffman Ron Pennington Kurt Radke Carl Towne, Vice-Chairperson Guests: 19 Also Present: Lisa Anderson, Township Attorney Patrick Sloan, McKenna Associates Leslie Zawada, Civil Engineering Solutions APPROVAL OF AGENDA Motion by Towne, second by Radke To approve the agenda as presented. Voice Vote: Ayes: Nays: Unanimous None APPROVAL OF CONSENT AGENDA A. Approval of the December 11, 2017 Minutes Mr. Chuck made a typographical correction to the minutes. Motion by Towne, second by Chuck To approve the minutes of December 11, 2017 as amended. Voice Vote: Ayes: Unanimous COMMENTS FROM PUBLIC ON NON-AGENDA ITEMS - None Planning Commission January 8, 2018 Page 1

2 DDA REPORT - None PUBLIC HEARINGS - None OLD BUSINESS 2 AP-17-38, Campgrounds Text Amendment (Reconsideration). Reconsider a proposed text amendment to the Zoning Ordinance to allow campgrounds to be permitted as a Special Land Use in the R-1.0 District. Mr. Sloan reviewed the McKenna memo dated January 5, 2018 and the proposed text amendments dated January 5, The recommendation is that the Planning Commission review the proposed amendments in light of the new information and the directive from the Township Board. If the Planning Commission is comfortable with the amendments, the recommendation was for the Planning Commission to schedule a public hearing. Mr. Sloan briefly reviewed the proposed text amendments. Treasure Carcone explained how this item came back to the Planning Commission. Mrs. Anderson stated the recommendation is that standards should be in place since there is an existing campground in the Township and its good policy to have standards. Bob Langan, 128 N. Center Mr. Langan explained he is here on behalf of the applicant, in terms of their desire to have this text amendment. It appears there could be some confusion about this application being for a particular site. He is hopeful this text amendment is approved, which would allow them to bring forth a plan. In no way are they trying to get them to approve these regulations for just this property. He will not be brief if he goes into the reasons why it would be appealing to have this in the Township. Briefly speaking, there are a lot of reasons to have outdoor recreation available to them. Wendy Green, Mile Road Ms. Green lives on 11 Mile Road next to Haas Lake Park. The motion that was passed was based on no need being shown, and it would distract from the single family character of the area and generate excessive noise, odor and a non-residential conflict between uses. She explained for 25 years they have lived next to this, and all of those concerns are very real. They were robbed, and it was highly suspect that it came from the campground. There were also neighbors who had a purse stolen and a kayak stolen. Those are real concerns. This isn t a debate over the pros or cons of camping. Not once has she talked to someone who says they have come to the area for the campgrounds. She doesn t understand what s changed from the denial based on the negative impacts to the community. As far as non-conforming uses, she thought that is a term for grandfathering. The fact that Haas Park exists does not mandate. Haas Lake has been there for 50 years, and she has no beef with that. But to bring in a new campground would be the wrong decision. Planning Commission January 8, 2018 Page 2

3 Chris Green, Eleven Mile Mr. Green has the same issues, the incompatibility of a campground in a residential area, and it doesn t pass the smell test. He spoke at the other Planning Commission meeting regarding noise, smoke, and crime in the area. He goes back to the motion recommending denial due to excessive noise, odor, residential conflict; that hasn t changed in the last 3 months. The most significant change to zoning is setbacks going from 100 to 30. He questioned why the setback was switched. He felt they were going the wrong way; the distances should be increased, not shortened. Regarding the restriction from paved roads to gravel, he is not sure why that was done. He felt those changes were done for the client that is applying. He asked them not to change that. Mr. Sloan stated he didn t know why the setbacks went from 100 to 30, so he would need to investigate that further with Mr. Doozan. Ms. Zawada stated if there was going to be language, it was more appropriate that it is gravel. Paved roads introduce storm water management requirements. The majority of the campgrounds in Michigan have gravel. Danny Dawes, Eleven Mile Mr. Dawes agreed with the previous speakers. He was also confused by the setback change. He felt that should be a variance issue. He is very concerned about that portion. Patty Dawes, Eleven Mile Ms. Dawes addressed the paved road and felt those are very important and should be ADA accessible. She asked that they keep that in mind. Mrs. Anderson explained that they have an existing use for which there is no ordinance in place. There is an existing campground. If that campground wants to do anything, there are no standards. Ms. Green questioned what that has to do with a text amendment. Ms. Anderson explained the Commission is considering adding a text amendment that doesn t have to be this particular amendment. They are considering options at this point. It is in the Township s best interest to get some kind of standards on the books. Mr. Towne stated when they recommend denial to the Board, he was the only one that voted against that. He went through the provisions and the new text amendment, and he liked them all. He knew it was under a special land use and in no way do they guarantee that a campground would go there. Instead of a 6 fence on the frontage of the campground, a berm was requested. He said he liked everything in the text amendment, and he liked the berm. Now the plan comes back from the Board, and it should. It s not the same thing he looked at the first time. It looks like the specs were changed around a specific piece of property, and he doesn t like that. It appears these were changed to deal with a particular piece of land. There is a lot of dust that is kicked up in a campground. He would like to see it paved. The setbacks have been changed from the last time. He would like to go back to the way they were and add the berm. Mr. Hoffman and Mr. Pennington agreed that they liked it better before. Treasurer Carcone questioned if the setbacks were shortened to make the existing campground in Planning Commission January 8, 2018 Page 3

4 more conformity. Mr. Sloan stated the applicant requested 30. Mr. Towne stated they had that letter and that request at the last meeting. They were charged with going over the revisions, and now they are changed. In his mind, it changed because of a certain piece of property, and that s wrong. Mr. Langan stated not one member of his client or engineering has had any communication with Mr. Doozan after the request was made. Whatever was done, it was done without their input. Mr. Chuck stated he agreed with Mr. Towne. He questioned the need for another campground. The Planning Commission reviewed the recommended revisions. They were in favor of Campground definition, Truck Camper definition, Folding Tent Trailer definition. Regarding Campgrounds, setbacks were an issue, and the question was raised if there would be storage of campers there. The applicant said they haven t thought of that yet. Mr. LeClair stated there are usually areas where campers are stored on site all year, and he believed that was what that part of the ordinance was referring to. Treasurer Carcone stated she wouldn t want storage. Mary McKnight Ms. McKnight stated she owns the property. She explained her home would be there, and she wants it to be nice. She hopes it s a campground that she would want to live next to. She will be living on South Hill Road. The Commission decided to strikeout the storage of vehicles not set up for occupancy shall be located a minimum of two hundred feet from all property lines. Ms. Anderson suggested adding a provision under 5 stating that campgrounds are used for seasonal use only. The text amendments were decided as follows: 1. The Planning Commission agreed the setbacks will be kept at The Planning Commission agreed with the minimum campsite size of 1,500 square feet. 3. Under Utilities, Ms. Zawada suggested removing the word public 4. Regarding fencing, there was no issue, and the Planning Commission liked the option of the berm. 5. Temporary Residence Language should be added that the campground must be vacated by a certain date. The campground can function during April 1 November Internal Roads - no change 7. Use of Accessory Facilities no change Planning Commission January 8, 2018 Page 4

5 8. State and County Permits no change Mr. Sloan will include the revisions that were mentioned tonight. He will also find out the reasoning of some of the issues and discuss it at the next meeting. NEW BUSINESS 2. AP-16-26, Estates at Hutsfield PD Final Review. Property located on the northeast corner of 8 Mile Road and Griswold Road. Final review of a proposed planned development consisting of 214 single family homes on acres. Mr. Sloan reviewed the McKenna memo dated December 14, The recommendation is for the Planning Commission to recommend approval of the final planned development plan for the Estates at Hutsfield to the Township Board, subject to the following conditions: 1. Amenities to be included in the tot lots shall be identified. 2. Areas to be sodded must be specified on the landscape plan. 3. The number of phases must be clarified. 4. The tot lot design, gazebo design, entry sign, and decorative street light are subject to Township administrative approval. 5. Revisions requested by the Township Engineer must be completed. Ms. Zawada referenced the January 5, 2018 CES Memo. She noted the following significant concerns: Sheet 1 Cover Sheet/ General Comments 1. The proposed entrance on 8 Mile has been eliminated since the Preliminary PD Submittal. 2. The site plan note number 2 calls for sanitary sewer stubs at two locations. These should be shown and labeled on the plans for future extension. Sanitary sewer may be required along the entire frontage of Griswold Road as stated in their review letter dated August 17, 2016 and should be discussed with the township Board. 3. Site plan note number 7 calls for a proposed 10-foot wide path along Griswold and Eight Mile Roads. The pathways will be required to be asphalt. 4. The ultimate 60 right of way for 8 Mile and Griswold Roads shall be dedicated as part of this project, if they have not been dedicated to date. Sheet 6 Grading, Drainage and Storm Water Management 1. The proposed 10-foot wide path should be extended to the intersection of Griswold and Eight Mile Roads with A.D.A. ramps as required, or the applicant should deposit the equivalent cost into the Township Pathway Fund. Sheet 7 Utility Plan 1. A 12 water main will be required from Griswold Road to the southeast corner of the site either along 8 Mile Road or through the development. Planning Commission January 8, 2018 Page 5

6 Mr. Towne expressed his concern regarding the long list of items that need to be corrected. Ms. Anderson noted the possibility of having a different developer for each phase. They are now at 214 units, and the purchase agreement was for 280 units, which is appreciated by the Township. The $150,000 contribution to the road fund is a voluntary contribution by the developer which could be considered as a contribution to the community. Treasurer Carcone explained there was mis-information on Facebook regarding the development. The Township allowed and approved the southwest water and sewer district and then the downturn came, and this was a burden property. This property had $400,000 of debt on it. The Township did not spend our tax dollars on this, it came from the sewer enterprise fund. Mr. Cousineau provided a PowerPoint presentation regarding the proposed project. The most significant change is the removal of the Eight Mile approach. They will donate $150,000 to the Township Road Fund. He hoped it would be used to maintain the signalization at 8 Mile and Griswold. He commented many of the outstanding items are mechanical items. They don t have issues with respect to McKenna or CES memo. They do have an issue with regard to the sanitary sewer that would be stubbed to Griswold Road with connection to the west. They are splitting it up into 5 phases, and will ask for approval of the first 2 phases. The entire engineering for the project will be done, and Ms. Zawada will get to review it all. Mr. Radke questioned what the additional cost is, if they are required to put sewer across the wetland. Mr. Cousineau stated it was in excess of $100,000. He didn t know what the benefit would be. Mr. Towne asked when it s in 5 phases, how many homes will they build in a year and when will they start? Mr. Cousino stated construction start this summer, first phase paved, he would estimate 2 sales a month and units per year. It s a large enough project they could see another developer come in. He confirmed when phase 3 starts, the entrance will go in. Mr. Cousineau stated they have a line up of 5 or 6 elevations, but within those there are different styles that are offered. Treasurer Carcone commented that this property is zoned multiple and it could have over 500 apartments on it. She felt that they negotiated well for single family homes. Motion by Radke, second by Towne To recommend approval of AP including the McKenna memo dated 12/14/17 and the CES memo dated 1/5/18 as well as the attorney comments tonight. The applicant will add the tot lot and final drawings for the Board, phases were changed from 5 to 4 and the site plan stays the same, with the elimination of the 8 Mile Road approach and $150,000 voluntary contribution. Planning Commission January 8, 2018 Page 6

7 Mark Hannon, Eight Mile Road Mr. Hannon commented that with all of the traffic concerns, this would be a great opportunity to obtain left turn lanes on Griswold at both entrances. He questioned why they can t include left turn lanes right now as they are approving it. Ms. Zawada stated the approaches would be looked at by Oakland County and that may be a requirement. She didn t think the Township could require the Road Commission to have left turn lanes. She will be in communication,n and it is probably likely the left turn lanes will be required. Mr. Cousineau stated there has not been any feedback from the Road Commission yet with respect to the approaches. Roll Call Vote: Ayes: Unanimous 3. AP-17-19, Deer Haven at Hasenclever Farms Sidewalk Issue. Property located on the west side of Griswold Road, north of 8 Mile Road. Consider eliminating a sidewalk segment in the previously approved site condominium. Mr. Sloan reviewed the McKenna memo dated December 1, It was explained that construction is now underway and it has been found that a sidewalk on the south side in front of the houses that are not part of the development would result in substantial tree loss. Furthermore, there is a substantial grade difference between the proposed curb level and the level of the properties in question. Consequently, it would be difficult to build a sidewalk on the south side because insufficient room to cut a grade for the sidewalk. For those reasons, the developer is asking that the sidewalk requirement be eliminated on the south side in front of the properties that are not part of the Deer Haven development. He recommended the request be approved. Mr. Towne stated with the elevation change he looked at it and he questioned how they will shore up what s already been done, as there will be erosion. Some of the trees should come out; there is concern there. They need to do some more homework to find out how to shore up that side of the road. Mr. Mancinelli stated they planned on re-grading from the curb to the trees. He hasn t done it yet because utilities need to go in. Once the utilities pass, then utilities will go in and final grading done. It s not a problem to re-do the grades when it s done, they are just not there yet. Mr. Towne stated he would like to see some engineering work done on that. He did not want to end up with a wet spot there. Mr. Mancinelli provided letters from the parcel owners that state they don t want the sidewalk or their trees removed. Planning Commission January 8, 2018 Page 7

8 Treasure Carcone stated she had no issue not putting in the sidewalk and felt it is a fair request. Motion by Towne, second by Chuck To recommend approval of AP-17-19, Deer Haven Hasenclever Farms Sidewalk Issue due to the site elevation change and the fact that there is a sidewalk on one side and the homeowners do not want the sidewalk on the south side. Voice Vote: Ayes: Unanimous Nays: none Mr. Mancinelli questioned the asphalt path going north 150 on Deer Haven Drive. He suggested that won t be an asphalt path for 20 years since there are so many parcels, he offered to put the money in the fund in lieu of that. Mr. Sloan suggested starting with a written request. ADDITIONAL BUSINESS 4. Election of Officers Motion by Towne, second by Chuck To nominate Michael Conflitti as Chairperson. Roll Call Vote: Ayes: Carcone, Chuck, Hoffman, Pennington, Radke, Towne Motion by Conflitti, second by Radke To nominate Carl Towne as Vice Chair. Roll Call Vote: Ayes: Carcone, Chuck, Conflitti, Hoffman, Pennington, Radke, Motion by Towne, second by Pennington To nominate Jim Chuck as Secretary. Roll Call Vote: Ayes: Carcone, Conflitti, Hoffman, Pennington, Radke, Towne 5. Community Reports Planning Commission January 8, 2018 Page 8

9 Treasurer Carcone brought the Board up to date regarding the last Board meeting. ADJOURNMENT Motion by Towne, second by Chuck To adjourn the meeting at 9:33 p.m. Voice Vote: Ayes: Unanimous The Planning Commission meeting was adjourned at 9:33 p.m. due to no further business. Respectfully Submitted, Kellie Angelosanto Kellie Angelosanto Recording Secretary Planning Commission January 8, 2018 Page 9

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