Planning Commission ? Minutes

ANN ARBOR CHARTER TOWNSHIP
PLANNING COMMISSION
MINUTES OF MEETING
MONDAY, MAY 9, 2005

This regular meeting of the Ann Arbor Charter Township Planning Commission was called to order at 7:30 p.m. at the Ann Arbor Township Hall, 3792 Pontiac Trail, Ann Arbor Charter Township, Michigan by Kris Olsson, Chair.

Commissioners Present: Chair Kris Olsson and Commissioners Richard Mitchell, Diane O’Connell, John Allison, Randolph Perry, James Snyder and Peter Kotila.

Also Present: Township Supervisor Michael Moran, Township Attorney Sandra Sorini Elser, Township Engineer Michael Bickel, Wetland Consultant Gene Jaworski, and Township Planner Carl Schmult.

Citizen Participation
No citizens signed up to speak.

Approval of Minutes
A few typographical errors were noted and corrected. Under Communication the correction should be made to “Capp” Park Property. On page 2, under Consultant Comments/ Commission Comments, the word “warrant” should be changed to “permit.” On page 3, the wording of the second sentence should be changed to, “Mr. Allison would like to see no net increase in volume of water…” With those said corrections, Mr. Allison made a motion to approve the minutes of the April 4, 2005 meeting and Ms. O’Connell seconded the motion. The Commission adopted the motion unanimously.

Communications
Mr. Allison reported on the April 18, 2005 Board of Trustees Meeting. At the meeting, the conditional use permit for the Dari Daycare was approved, six properties were released for annexation and the amendment of the Zoning Ordinance and conditional uses in Rural Districts was approved. The Board continues to support the Washtenaw Development Council but at a reduced level of $2,000. The water and sewer contracts have finally been approved. In conclusion, a need for a public safety committee is noted in connection with the proposed reduction of road patrol.

Public Hearing
Christ the King Catholic Church, 2600 Via Sacra Drive CUP-165-05

Presentation by Applicant
Mr. Larry Randolph, facilities chairperson of Christ the King Catholic Church, presents information for Conditional Use Permit to the Planning Commission. Currently, the church is leasing the building and would like to use the building as a parish center. The parish center would be used for classes, a library center, activities building, home schooling, ministry meetings and some social events. The center would be available for “not for profit” groups to rent out. The capacity of the building is 650 people. The property has 253 parking spaces, which is more than enough space to accommodate the parish center.

Consultant Comments/ Commission Comments
Township Engineer Michael Bickel, Planner Carl Schmult, and Wetland Consult Gene Jaworski find that the April 29, 2005 site plan submitted is adequate.

Public Comment
No public comment was offered.

Public Hearing Closed

Planning Commission Discussion/ Action
Mr. Allison feels that the site plan is reasonable, and that the question of ownership needs to be sorted out. The conditions should revolve around limiting the number of occupants and the uses listed on the application. Mr. Perry makes the motion to approve the Conditional Use Permit with the following conditions:

1. Submission of the deed or other proof of ownership of the parcel.
2. A letter or other means of communication confirming the owners consent that the conditional use permit terminate when the church terminates its use of the building.
3. Maximum capacity not to exceed 650 people.
4. Limited to the activities listed on the application.
5. The current CUP is revoked.

Mr. Snyder seconded the motion and the Commission approved unanimously.

Old Business
NSF Preliminary Site Plan Review. Expansion of existing building SP-1-08 and Natural Features Permit NF-1-05 - 789 N. Dixboro Road 32.10 acres

Mr. Dale Sass with JJR representing NSF, reports that since the last meeting they have received the final approval of Washtenaw County Drain Commission with some minor comments. They also have a letter from the Washtenaw County Road Commission with no critical reservations. The only concern the WCRC has is with site lines and the traffic studies. The completed traffic study shows that the concern is with the turn radius. Some removal of under story needs to be removed to allow a clear site distance on Dixboro Road. An update from Gary Dresselhouse has stated the Planning Commission is in authority to reduce the rear yard setback. The request is for a 40 foot rear yard setback. Some of the parking lot lighting has been replaced to show the new proposed lighting system and to compare the reduction of light pollution. Mr. Sass asks for an extension on the submittal date to May 18, 2005, preliminary site plan approval, natural features impact approval and a grading permit. Township Engineer Mr. Bickel has no objection to the preliminary site plan dated March 9, 2005. Wetland Consultant Gene Jaworski reviewed the April 20, 2005 site plan and stated that a natural features permit will be needed because 1.83 acres of slope will be impacted. A state permit is needed because of the lower water detention basin. The other issue is the storm water management plan including the attempt to increase infiltration. The biggest concern here is the high rate of impervious nature due to the parking lot. Mr. Carl Schmult reports that the supervisors had a meeting regarding what was to be presented to the Planning Commission. The site plan dated April 20, 2005 stated that it was a preliminary and final site plan. Because of the plan stating that it was a final site plan, Mr. Schmult felt that it should not go before the board. However, he had no objections to the March 9, 2005 site plan. He suggests that the Planning Commission place a maximum number of parking spaces on the plan. The other concern Mr. Schmult had was the issue of trash storage. Mr. Allison is still quite concerned over the storm water issue. He had asked to see a volume comparison. Using the volume comparison, if infiltration works, there should be no net volume increase. In summation to the storm water issues, Chair Kris Olsson reports that the Planning Commission has a positive letter from the drain office meeting all their standards and a positive letter from the environmental consultant with some need for storm water management plan and assurance that the infiltration system will work. The issue that remains is making sure that there is no increase in net volume. Mr. Allison also brings up the issue of parking and the truck exit. The Commission discusses putting a maximum number of 400 surface parking spaces within the site plan. Mr. Allison is concerned with the change in the site plan that now shows removal of three trees. The trees in questions are within the site distance at the South exit. Mr. Allison suggests have a final approval from the Washtenaw County Road Commission before the township approves any grading or final site plan. Mr. Allison makes the motion to approve the natural features permit and the preliminary site plan dated April 20, 2005, contingent upon the items listed in the resolution draft attached to these minutes.

Mr. Kotila seconded the motion and following discussion the Commission adopted the motion on a voice vote in a form attached with these minutes.

A motion was made by Mr. Allison to amend the agenda to place the first item under New Business regarding the site plan at Washtenaw Community College next on the agenda. Mr. Kotila seconded the motion which the board adopted unanimously.

Washtenaw Community College SP-240-05 Plant Operations Building addition – 4800 E. Huron River Drive, Community College Campus Office Space
Mr. Damon Flowers, Associate Vice President of Facilities for Washtenaw Community College, submits the preliminary and final site plan for an addition to the Plant Operations Building at Washtenaw Community College. The addition is for 5 offices for administration use only, totaling 997 square feet. Mr. Schmult states that this is a very minor plan and doesn’t raise any site plan layout issues. Dr. Jaworski has no comment. Mr. Bickel comments on the additional sanitary sewer use. Another of Mr. Bickel’s concerns is a health and safety issue. The single water source and the occurrence of a water main break or a large fire may pose a risk. Mr. Allison makes the motion to combine and approve the preliminary and final site plan and Ms. O’Connell seconded the motion. The Commission adopts the motion unanimously.

General Development Plan
The Planning Commission asks Supervisor Moran to sign a notice to the adjacent governmental authorities that we are intending to adopt a plan amendment. Mr. Snyder makes a motion to ask Supervisor Moran to sign notice which Mr. Perry seconded. The Commission adopts the motion unanimously. Also, a special meeting to will be held on May 11, 2005 regarding the General Development Plan.

New Business
Application for Rezoning of Whitmore Lake/23 LLC
Upon examining the submitted maps it appears that the adjacent land uses and zoning districts are not on the map. The Commission asks petitioner to submit a more detailed map showing the adjacent land uses and zoning districts. Mr. Snyder makes the motion to table the rezoning until June 6, 2005 and Ms. O’Connell seconded the motion. The Commission adopted the motion unanimously.

Draft Storm Water Management Ordinance
Ms. O’Connell presents information on drafting of the Storm Water Management Ordinance to the Planning Commission. Some changes were made regarding the definition of development and redevelopment. Gary Dresselhouse suggested using 1,000 square feet as the amount of replaceable impervious surface. Another change was the requirements for Storm Water Management Plan. Chair Kris Olsson would like to have the consultants review the Storm Water Management Ordinance. The question was asked as to what would cause a trigger for an engineer site grading plan. The soil erosion control permit requirements so that there is some consistency.

Municipal Services Pittsfield Charter Township Comprehensive Plan Revision
Information was enclosed for review and the Commissioners had no comment on the plan.

Public Comment
No public comment was offered.

Adjournment
On a motion made by Mr. Kotila and seconded by Ms. O’Connell, the Commission adjourned the meeting at approximately 10:35 p.m.

¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬________________________
Kris Olsson, Chair

Minutes Prepared by Mary Volger

DRAFT
ANN ARBOR CHARTER TOWNSHIP PLANNING COMMISSION
RESOLUTION APPROVING PRELIMINARY SITE PLAN
AND NATURAL FEATURES PERMIT FOR
NSF INTERNATIONAL LABORATORY EXPANSION PROJECT
MAY 9, 2005
Resolution adopted at a regular meeting of the Planning Commission of the Charter Township of Ann Arbor, Washtenaw County, Michigan, held at the Township Hall, 3792 Pontiac Trail, Ann Arbor, Michigan on May 9, 2005:
PRESENT: John Allison, Richard Mitchell, Kris Olsson, Diane O’Connell, Randolph Perry,
Peter Kotila and James Snyder

ABSENT: None

Resolution by Commissioner Allison; supported by Commissioner
RECITALS
A. NSF International (“Petitioner” or “NSF”) submitted an application and information for Preliminary Site Plan approval (SP-238-05) for construction of a laboratory expansion (“Project”), including a revised site plan dated April 20, 2005 (“Preliminary Site Plan”) and an application for a Natural Features Permit (NF-1-05) pertaining to the property located at 789 Dixboro Road, Ann Arbor, Michigan 48105, Parcel ID No. 09-28-225-003 (“Property”).
B. The Planning Commission reviewed the application and information submitted by NSF and on May 9, 2005 held a public hearing on the Natural Features Permit.
RESOLUTIONS
Based on the information submitted, the Planning Commission adopts the following resolutions:
1. The NSF Natural Features Setback Permit for the Project on the Property is approved.
2. The Planning Commission finds that the standards for approval of the NSF Preliminary Site Plan will be met, and Preliminary Site Plan approval shall be effective upon compliance with the conditions as set forth in Sections 5.1 through 5.3 below.
3. The parking requirements for the Property of one space per 300 square feet of floor area under Section 10.05(I) of the Zoning Ordinance are reduced to 390 surface parking spaces based on the Petitioner’s request for the reduction and the Petitioner’s data supporting the requested reduction.
4. The Planning Commission approves the reduction in rear yard setback as set forth on the Preliminary Site Plan from 75 feet to 40 feet to accommodate the proposed service drive based on the Planning Commission’s finding that the topography, existing or proposed landscaping or other features including the service drive will perform the same function as the required yard.
5. The Preliminary Site Plan approval is subject to the following conditions:
5.1. The Township engineer shall review and confirm that the storm water calculations submitted with the April 20, 2005 Preliminary Site Plan demonstrate that there will be no net increase in cumulative volume of storm water from the Property (Lower Basin Outlet) for the first flush, bank full, or 100 year storm events as a result of the additional impermeable surface for the building expansion Project. Infiltration structures are an integral part of the approved Preliminary Site Plan; however, for the aforementioned event calculations, the infiltration rate in the basin shall be assumed to be zero during the events.
5.2. Petitioner shall provide the Township with written Washtenaw County Road Commission final approval of the April 20, 2005 Preliminary Site Plan, including confirmation that no additional tree removal shall be required for the entrance or truck exit. The Township’s environmental consultant shall review the Preliminary Site Plan and confirm that it is accurate and that no additional tree removal will be required for the entrance or truck exit.
5.3. Petitioner shall comply with all comments and requirements of Township consultants pertaining to preliminary site plan issues.
5.4. The Petitioner and the Township shall enter into a development agreement prior to approval of the final site plan providing that the maximum number of surface parking spaces on the Property shall not exceed 400 to preserve the current character of use of the Property. The development agreement shall be recorded and the provision pertaining to the maximum 400 surface parking spaces shall run with the land.
6. A grading permit may be issued for the Project upon compliance by the Petitioner with the conditions in Sections 5.1 through 5.3 (including written confirmation of compliance from the Township engineer), and the requirements of Section 22.03(E) of the Ordinance, including a soil erosion control permit issued by the Washtenaw County Soil Erosion Department, approval of grading by the Township engineer, and a written agreement from the Petitioner confirming that the Township shall not be liable to Petitioner for any loss or damage arising out of Petitioner’s grading at the Property prior to final site plan approval in the event the final site plan is not approved.
7. Prior to issuance of a grading permit, Petitioner shall furnish a bond in an amount approved by the Township engineer and in a form approved by the Township attorney for restoration of the Property if the Project does not proceed to completion.

Resolution Declared Adopted.
________________________________________
Kris Olsson, Chair, Planning Commission
________________________________________
Randolph S. Perry, Secretary, Planning Commission

I certify that the foregoing is a true and complete copy of a resolution adopted by the Ann Arbor Charter Township Planning Commission, County of Washtenaw, State of Michigan, at a regular meeting held on May 9, 2005, that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act.
__________________________________________
Michael C. Moran, Supervisor
Ann Arbor Charter Township
Dated: __________________, 2005

ANN ARBOR CHARTER TOWNSHIP PLANNING COMMISSION
RESOLUTION RECOMMENDING APPROVAL OF
CONDITIONAL USE PERMIT,
CHRIST THE KING
MAY 9, 2005
Resolution adopted at a regular meeting of the Planning Commission of the Charter Township of Ann Arbor, Washtenaw County, Michigan, held at the Township Hall, 3792 Pontiac Trail, Ann Arbor, Michigan on May 9, 2005:
PRESENT: John Allison, Richard Mitchell, Kris Olsson, Diane O’Connell, Randolph Perry, Peter Kotila and James Snyder

ABSENT: None

Motion by Commissioner Perry supported by Commissioner ____________.

Pursuant to the Petition for Approval of Conditional Use, CUP 165-05, submitted by Christ the King Catholic Church and the Roman Catholic Diocese of Lansing (“Petitioner”) pertaining to the Property described in the Petition consisting of 5.447 acres, commonly known as 2600 Via Sacra Drive, Ann Arbor, Michigan 48105, Parcel ID No. I-09-13-200-023 (“Property”), and after reviewing the materials submitted, the reports of Township consultants and providing an opportunity for the public to comment at the public hearing held on May 9, 2005, the Planning Commission makes the following findings and recommendations to the Board:
Based on the Petition submitted by Petitioner, including the site plan consisting of the two sheet resubmission of existing conditions, reissue date of April 29, 2005, stamped received May 5, 2005 and pursuant to Section 21.08 of the Zoning Ordinance, the Planning Commission finds that the requested permit for conditional use of the Property (“Permit”) for church related uses described in the “Purpose of Application” portion of the Petition dated April 18, 2005 (“Project”) meets the standards described in Section 1 below subject to compliance with the conditions described in Section 2 below:
7.1. Standards and Findings
1. The Project will be harmonious with and in accordance with the objectives, intent and purpose of the ordinance.
2. The Project will be compatible with the natural environment and existing and future land uses in the vicinity.
3. The Project will be compatible with the general development plan.
4. The Project will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage ways, and structures, refuse disposal or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
5. The Project will not create additional requirements at public cost for public facilities and services that will be detrimental to the economic welfare of the community.
6. The Project will not be detrimental, hazardous or disturbing to existing or future neighboring uses, persons, property or the public welfare.
7.2. Conditions. The foregoing standards and findings are based on Petitioner’s complying with the following conditions which shall run with the Property and the Permit issued to Petitioner and shall govern the use and occupancy of the Property.
1. The maximum capacity of the building on the Property shall be 650 persons.
2. Use and occupancy of the building on the Property shall be for church uses in accordance with the Purposes of Application portion of the Petition.
3. Prior to issuance of the Permit, the Petitioner shall provide written confirmation of the owner of the Property (such as a recorded deed) and written consent of the owner of the Property to the issuance of the Permit in accordance with this Resolution.
4. In the event the Petitioner ceases use of the Property in accordance with the Purposes of the Application for a period in excess of 180 consecutive days, this Permit shall be automatically revoked.
7.3. Revocation of Prior Permit. The Permit issued pursuant to the Petition and this resolution shall supersede and replace the prior Conditional Use Permit issued to Spiritus Sanctus Academy (“Prior Permit”) and the Prior Permit shall be revoked and of no force and effect upon issuance of the Permit.
7.4. Recommendation to Township Board. Based on the foregoing findings and standards and subject to the foregoing conditions the Planning Commission recommends approval by the Township Board of the Conditional Use of the Property as set forth in the Petition and this resolution.
Resolution Declared Adopted.
________________________________________
Kris Olsson, Chair
Planning Commission

________________________________________
Randolph S. Perry, Secretary
Planning Commission

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