SUPERIOR CHARTER TOWNSHIP
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SUPERIOR CHARTER TOWNSHIP
PLANNING COMMISSION
JULY 26, 2006
APPROVED MINUTES
Page 1 of 10
7-1 CALL TO ORDER
Chair Phillips called the regular meeting to order at 7:30 p.m.
7-2 ROLL CALL
The following members were present: Copley, Gardner, Guenther, Haywood,
Phillips and Quinn. Wardell was absent. Also present were Don Pennington,
Township Planner, Rhett Gronevelt, Township Engineer and Rick Mayernik,
Building/Zoning Official.
7-3 DETERMINATION OF QUORUM
A quorum was present.
7-4 ADOPTION OF AGENDA
A motion was made by Copley and supported by Gardner to adopt the agenda
as presented. The motion carried.
7-5 APPROVAL OF MINUTES
A. MINUTES OF THE JUNE 28, 2006 MEETING
A motion was made by Quinn and supported by Copley to approve the minutes
as corrected. The motion carried.
7-6 CITIZEN PARTICIPATION
Ellen Kurath, 2203 Hickman Rd. said she had concerns about traffic flow on
the proposed CVS drugstore site and about how the large trucks would access
the store. She also presented a letter regarding the access issues. Phillips said
if the developer cannot design the access to meet the Washtenaw County Road
Commission standards, the project will not be approved.
7-7 CORRESPONDENCE
There was no correspondence.
SUPERIOR CHARTER TOWNSHIP
PLANNING COMMISSION
JULY 26, 2006
APPROVED MINUTES
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7-8 PUBLIC HEARINGS, DELIBERATIONS AND ACTIONS
A. STPC#05-26 Request from Curtis-Sansone LLC to rezone 8.84 acres at
1729 N. Prospect Rd. from A-2 (Secondary Agriculture) to R-4 (Single
Family Urban Residential.)
1. Public hearing
A motion was made by Copley and supported by Quinn to open the public
hearing. The motion carried.
Paula Hepp from Atwell Hicks, representing the applicant, described the
request. She talked about the natural features on the site including the slopes
and trees. She said the land uses in Sections 33 and 34 of the Township have
historically been developed under R-4 zoning or as a PC. She said because of
the slopes and other features of the site, the likely density for development will
be 2.5 to 3 units per acre.
Anita Paul, 1709 N. Prospect asked if a county park was proposed for the site.
Hepp said the site was proposed as a park to the Washtenaw County Parks
department but the County was not interested in the site.
Michael-David BenDor, 2080 Stommel asked about the increase in the number
of dwelling units allowed under R-4 zoning compared to the existing A-2
zoning. He also asked about the benefit to the Township for increasing the
permitted density. Hepp said the Township’s Growth Management Plan
identifies the parcel as Urban Residential which ranges in zoning districts from
R-4 to R-8. Pennington said the proposed R-4 zoning is in accordance with the
Growth Management Plan in terms of land use.
Porshea Anderson-Taylor, 1745 Prospect Rd., asked about the increase in
density. She said the difference in the number of homes allowed for the site
under the A-2 district is 4 but under the R-4 district it is 36. She said it was a
significant increase especially when combined with the new developments on
the east side of Prospect Rd. She asked if Prospect Rd. could handle all of the
traffic. Hepp said a traffic impact study is required as part of the site plan
development. She said the Washtenaw County Road Commission will ask for a
contribution from the developer to make improvements to the road if needed,
such as widening the road or adding turn lanes.
There was a discussion of the size of the Road Commission right-of-way along
Prospect and when the clearing would begin. There was also a question about
SUPERIOR CHARTER TOWNSHIP
PLANNING COMMISSION
JULY 26, 2006
APPROVED MINUTES
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the location of an access drive. Hepp said those questions cannot be answered
until there is a site plan for the project.
Jason Ramsey, the owner of the property, said he supports the R-4 zoning
because it will bring the zoning in line with the urban residential designation of
the Growth Management Plan. He said the number of dwelling units will be
limited by the natural features on site. He also noted that the Rolling Oaks
and Prospect Pointe developments are adjacent on two sides.
There were no additional comments.
A motion was made by Copley and supported by Quinn to close the public
hearing. The motion carried.
2. Deliberation
Pennington presented his report dated 7-15-06. He said the parcel is zoned for
agricultural but it is not used for agriculture. He said public water and sewer
are available to the site and the Growth Management Plan identifies the site for
urban residential use. He said that because of the natural features on the site
this may be a good parcel for PC zoning because the Growth Management Plan
includes many policies related to natural features that will need to be
considered. He said that even under R-4 zoning, the site will not be able to be
developed to the maximum density because of the natural features.
No OHM report was required.
Haywood said that if the entire parcel is not suitable for residential use he
would have reservations about rezoning it to R-4. Hepp said the Prospect
Pointe development to the north is zoned R-4 and the slopes, trees and streams
were maintained. She said R-4 is valid even if the site cannot be fully
developed.
Gardner asked why the applicant was not requesting a PC designation. Hepp
said that technically, the parcel does not qualify for PC because it is less than
20 acres in size.
Copley said the site was smaller than the 168 acres of Prospect Pointe. He said
the A-2 zoning is appropriate for the density that can be developed on the site
with slopes and wetlands. He asked why it should be zoned to R-4 if it could
not be developed with an R-4 density.
SUPERIOR CHARTER TOWNSHIP
PLANNING COMMISSION
JULY 26, 2006
APPROVED MINUTES
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Gardner asked about purchasing the adjacent property to make a larger parcel.
Tyson Jewel, the applicant, said he had tried to but was unable to purchase it.
There was a discussion about the potential density of the site and the transfer
of density. Hepp said the developer did not want to remove all of the natural
features and projected development to be 8 to 9 dwelling units per acre.
Phillips said that density on the site is not possible with all of the natural
features. Hepp asked about a density transfer. Pennington said the Township
has not formally participated in a density transfer but the Growth Management
Plan acknowledges it.
Hepp asked if the Planning Commission would recommend to the Township
Board that the 20-acre minimum requirement for a PC district be waived.
Phillips said the PC district is preferable to the R-4 requested. Gardner asked
about the next step in the process. Pennington said the applicant may want
more time to address some of the engineering concerns and to prepare a sketch
plan. Hepp agreed.
3. Action
A motion was made by Copley and supported by Quinn to table STPC#05-26
request from Curti-Sansone LLC to rezone 8.84 acres at 1729 N. Prospect Rd.
from A-2 (Secondary Agriculture) to R-4 (Single Family Urban Residential)
until November 15, 2006, at the request of the applicant.
The motion carried with the following vote:
Yes: Copley, Haywood, Gardner, Guenther, Phillips and Quinn,
No: None
Absent: Wardell
Abstain: None
B. STPC#06-15 Request from Curtis-Sansone LLC to rezone 18.87 acres on
the west side of Prospect Rd. from R-3 (Single Family Urban Residential)
1. Public hearing
A motion was made by Copley and supported by Quinn to open the public
hearing. The motion carried.
There was a question about water and drainage on the site. Gronevelt said the
Washtenaw County Drain Commission requires that that drainage cannot send
SUPERIOR CHARTER TOWNSHIP
PLANNING COMMISSION
JULY 26, 2006
APPROVED MINUTES
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storm water onto other property. Hepp said developing the site will improve
drainage.
There was a comment that the heavy traffic on Prospect Rd. makes it difficult
to pull out of existing driveways. A comment was also made that while the
land may not be used for farming it is still benefiting farmers because of the
wetlands and wildlife habitat.
A motion was made by Quinn and supported by Copley to close the public
hearing. The motion carried.
2. Deliberation
Pennington said this request and the previous request were considered jointly
in his report.
No OHM report was required.
3. Action
A motion was made by Copley and supported by Quinn to table STPC#06-15 to
rezone 18.87 acres on the west side of Prospect Rd. from R-3 (Single Family
Urban Residential) to R-4 (Single Family Urban Residential) until November 15,
2006 at the applicant’s request.
The motion carried with the following vote:
Yes: Copley, Haywood, Gardner, Guenther, Phillips and Quinn,
No: None
Absent: Wardell
Abstain: None
C. STPC#06-17 Amendments to the Zoning Ordinance related to the Private
Wastewater Disposal System Ordinance.
1. Public hearing
A motion was made by Copley and supported by Quinn to open the public
hearing. The motion carried.
Rodney Nanney, Township Planner described the propose changes as
necessary to support the Private Wastewater Disposal Ordinance. He said
PWCS are only allowed in the PC district outside of the urban services district.
SUPERIOR CHARTER TOWNSHIP
PLANNING COMMISSION
JULY 26, 2006
APPROVED MINUTES
Page 6 of 10
Bill McFarlane, Township Supervisor said in the past the Township prohibited
private wastewater treatment systems. However, a court decision established
that townships are no longer required to accept responsibility for failed
systems. Therefore they should set reasonable standards for allowing them in
the township. The Superior Township ordinance prohibits a surface water
discharge of the system; only groundwater discharge is permitted. He said the
township requires ongoing inspection of the system and requires the
establishment of a maintenance bond to be established at the time of
development.
There were no additional comments.
A motion was made by Copley and supported by Quinn to close the public
hearing. The motion carried.
2. Deliberation
Guenther asked about the sections of the zoning ordinance that are affected by
the Private Wastewater Disposal System Ordinance. Nanney said they are
related to landscaping, definitions and the PC development.
3. Action
A motion was made Copley and supported by Quinn to recommend approval to
the Township Board of STPC #06-17 Amendments to the Superior Township
Zoning Ordinance Section 2.03 (Definitions); Section 3.5 (Sewer and Water
Districts); Section 4.22D (Planned Community District); and, Section 7.03(A)
related to the Superior Township Private Community Wastewater Disposal
Systems Ordinance No.166.
The motion carried with the following vote:
Yes: Copley, Haywood, Gardner, Guenther, Phillips and Quinn,
No: None
Absent: Wardell
Abstain: None
7-9 REPORTS
A. Ordinance Officer
There was no report.
SUPERIOR CHARTER TOWNSHIP
PLANNING COMMISSION
JULY 26, 2006
APPROVED MINUTES
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B. Building Inspector
A motion was made by Copley and supported by Guenther to receive the report.
The motion carried.
C. Zoning Administrator
Mayernik reported on the following items:
Prospect Pointe East – The first building permit was issued.
Maples Village Marketplace (Dixboro)- The project is on hold while the
developer reconsiders storm water detentions systems.
St. Joseph Mercy Hospital Critical Care Tower- The building permit for the
entire structure has been issued.
A motion was made by Copley and supported by Gardner to receive the report.
The motion carried.
7-10 OLD BUSINESS
A. STPC#05-30 Nextel Frains Lake Rd. Conditional Use Permit/Preliminary
Site Plan/Final Site Plan (Tabled on 6/28/06.)
A motion was made by Copley and supported by Haywood to remove the item
from the table. The motion carried.
Mark Morris from Schnelz Welz, representing the applicant said the location of
the tower was moved away from Frains Lake Rd. and closer to the existing tree
line on the property and the new location is lower than the originally proposed
location. Consequently, there is a need to increase the height of the tower from
160 feet to 170 feet. He said the tower still does not require a light.
Pennington presented his report dated 7-19-06. He said the plan for the tower
continues to be compatible with the information required in Section 5.03 and
Section 10.03 of the Zoning Ordinance. It was noted that the south side of the
tower would be screened by the existing tree line and no additional landscaping
is required on that side. He said the there were still some items to be
addressed before the final site plan can be reviewed.
Gronevelt presented his report dated 7-20-06. He said there were still some
housekeeping details to be addressed before a final site plan can be reviewed.
SUPERIOR CHARTER TOWNSHIP
PLANNING COMMISSION
JULY 26, 2006
APPROVED MINUTES
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Charles Schroeder, 3140 Frains Lake Rd., addressed the Planning Commission
about his concerns regarding the tower and site drainage. Gronevelt said the
plan does not appear to disturb any on-site drainage pattern and it should not
create any drainage problems for the neighbors.
A motion was made by Gardner and supported by Haywood to approve
STPC#05-03 Nextel Tower on Frains Lake Rd. Conditional Use Permit and
Preliminary Site Plan finding that the plan complies with Sections 5.03 and
Section 10.03 of the Zoning Ordinance, subject to the recommendation of the
Township Planner and Engineer and conditioned upon the approval of a
satisfactory development maintenance agreement.
The motion carried with the following vote:
Yes: Gardner, Guenther, Haywood, Phillips and Quinn
No: Copley
Absent: Wardell
Abstain: None
7-11 NEW BUSINESS
A. STPC#05-04 Timbercreek Final Site Plan (95 single-family houses on
MacArthur Blvd.
David Dowling, the applicant described the project. He said the site was
wooded and that he has worked to protect as many of the natural features on
the site as possible. He said since the Preliminary Site Plan was approved in
August 2005, he has worked with the Township Engineer and Planner to
resolve outstanding issues.
Pennington presented his report dated 7-14-06. He corrected it to indicate that
the developer had met the previous requirement to phase the plan. He said the
development may require off-site tree mitigation.
Gronevelt presented his report dated 7-20-06. He said he had no objections to
the final site plan and acknowledged that there were still some engineering
issues to resolve.
The Planning Commission discussed the market demand for housing. Dowling
said that while Michigan is having a hard time, this area is peaked for
development. Guenther referred to a list of housing projects already approved
by the Township and cited 2000 approved units that have not been sold.
SUPERIOR CHARTER TOWNSHIP
PLANNING COMMISSION
JULY 26, 2006
APPROVED MINUTES
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Phillips asked if the phasing of the project required that all of the
infrastructure will be installed as part of Phase I. Lori Shink, CTI Engineering,
representing the applicant, said the utilities are designed to stand alone with
each phase. Mayernik said the approval of the final site plan should be for
only Phase I.
Gardner asked about tree removal and mitigation. He said that 54% of the
trees will be removed. He asked Pennington for an opinion of the tree
mitigation and whether or not the project was covered by the Township’s
Woodland Preservation Ordinance. Pennington said the project predates the
ordinance so the ordinance does not apply. He said however, the mitigation of
landmark trees is still required.
Copley said he has been opposed to the project from the beginning. He said he
has also expressed his doubts about the existence of the Mockernut Hickory
trees on the site and has previously advised the applicant of the error in the
tree survey. He noted that the error had not been corrected. He said the tree
survey presented in the site plan and subsequently the plan itself, is incorrect
and unacceptable.
A motion was made by Copley and supported by Quinn to table STPC#05-04
Timbercreek Final Site Plan until the regularly scheduled meeting of August
23, 2006 in order to give the applicant time to correct the tree survey and bring
the site plan into compliance with Section 10.04 of the Superior Township
Zoning Ordinance.
The motion carried with the following vote:
Yes: Copley, Haywood, Gardner, Guenther, Phillips and Quinn,
No: None
Absent: Wardell
Abstain: None
B. STPC#06-20 Growth Management Plan Amendments related to the
Private Wastewater Disposal Ordinance
A motion was made by Copley and supported by Quinn to recommend to the
Township Board approval of STPC#06-20 Growth Management Amendments
Plan related to the Private Wastewater Disposal Ordinance.
The motion carried with the following vote:
SUPERIOR CHARTER TOWNSHIP
PLANNING COMMISSION
JULY 26, 2006
APPROVED MINUTES
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Yes: Copley, Haywood, Gardner, Guenther, Phillips and Quinn,
No: None
Absent: Wardell
Abstain: None
7-12 POLICY DISCUSSION
A. Amendment to the Planning Commission Bylaws regarding the
Chairmanship.
A motion was made by Copley and supported by Guenther to amend the
Superior Township Planning Commission Bylaws by deleting the last line in
Article VI, Section 6.1: “The Commissioner appointed from the membership of
the Township Board shall not serve as Chairperson of the Planning
Commission.”
The motion carried with the following vote:
Yes: Copley, Haywood, Gardner, Guenther, Phillips and Quinn,
No: None
Absent: Wardell
Abstain: None
B. Zoning Ordinance Amendments
Pennington said he and Rodney Nanney were working on amendments to the
Zoning Ordinance to recommend to the Planning Commission. He asked
Planning Commissioners to forward to him any suggestions for sections that
could use some revision.
7-13 ADJOURNMENT
It was moved by Copley and supported by Quinn to adjourn at 10:45 p.m. The
motion carried.
Respectfully submitted,
John Copley
Planning Commission Secretary
Deborah L. Kuehn
Planning Administrator and Planning Commission Recording Secretary
Superior Charter Township
3040 N. Prospect, Ypsilanti, MI 48198 (734)482-6099
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