Bedford
Township,
Michigan
|
|
|
|
PRESENT:
EXCUSED: Abel called the Bedford Township Planning Commission meeting to order at 7:00 p.m. The Pledge of Allegiance was said. Bassinger called the roll. Quorum present. APPROVAL OF THE AGENDA Motion by Schneider, supported by Steinman, to approve the agenda as presented. Motion carried. APPROVAL OF THE MINUTES Motion by Bassinger, supported by Steinman, to approve the minutes of March 26, 2008. Abel and Schneider abstained due to meeting absence. Motion carried. PUBLIC COMMENT (LIMIT 3 MINUTES) Kenneth Vaughn, 3550 W. Temperance, expressed concern regarding standing water and lack of drainage on his property near the Timberlake Village project. Mr. Vaughn said he spoke of this issue when the Timberlake project was conceptually approved. NEW BUSINESS A) REQUEST FOR FINAL SITE PLAN APPROVAL FOR THE BEDFORD TOWNSHIP WASTE WATER TREATMENT PLANT VEHICLE MAINTENANCE BUILDING ADDITION ON PARCEL NUMBER 5802-101-040-00, 327 LAVOY Jenkins went over the site analysis, saying all reviewing agency approvals have been received. Keith Gere, Intec Engineering, engineer and representative for the applicant, was present. Abel informed the applicant that the board was two members short, offering the option to defer to a later meeting when all members could be present. Mr. Gere opted to move forward as scheduled. Mr. Gere said this is a small project where there will be no changes to the drainage characteristics, which will be handled through downspouts through the existing storm drainage and which has been approved by the MCDC, further saying the existing asphalt will be used as the floor for the addition, which will house equipment, and the addition will not be heated. After inquiring with Attorney Kamprath, it was determined there was no conflict of interest with Trustee Steinman participating on this request, even though Bedford Township owns the property. Further discussion provided clarification regarding the proposed building materials and that the construction will not interfere with the sludge beds. Motion by Schneider, supported by Bassinger, to grant Final Site Plan Approval for the Bedford Township Waste Water Treatment Plant vehicle maintenance building addition on Parcel Number 5802-101-040-00, 327 LaVoy Road, as presented. Roll call as follows: Voting Aye: Schneider, Bassinger, Peitz, Steinman, Abel. Voting Nay: None. Excused: Covrett, Bourque. Motion carried. A) REQUEST FOR RECOMMENDATION ON A TEMPORARY USE TO PERMIT A CHARITY CAR SHOW ON THE KROGER COMPANY PARCEL NUMBER 5802-030-132-31 AND A PORTION OF 5802-030-132-04, SECOR AND STERNS ROADS Due to lack of a representative, it was determined the issue should be moved to the bottom of the agenda. B) OPEN THE PUBLIC HEARING FOR FINAL SITE PLAN APPROVAL AND REZONING FROM AGRICULTURE TO PLANNED UNIT DEVELOPMENT FOR TIMBERLAKE PUD ON PARCEL NUMBER 5802-644-002-00, 9118 TIMBERLAKE DRIVE Jenkins went over the site analysis, saying the PUD would consist of three parcels with one parcel that includes a pond and an existing log cabin that will serve as a community building remaining as a common space and a residential development option on the other two lots. Jenkins said the existing agricultural estates development is served by municipal water but not sanitary sewer, the proposed density of the PUD will not increase the permitted density in the agricultural zoning district, and the required 100-foot perimeter setback is typically waived in a residential development upon recommendation from the Planning Commission. Jenkins said should it be determined the ordinance required internal street lighting would serve no useful purpose, the Planning Commission can make a recommendation to the Township Board to waive the street lighting requirement. Keith Gere, Intec Engineering, representative for the developer, said total development including the agricultural estates and PUD would consist of 12 developable lots with one open space lot. The Public Hearing was opened at 7:16 p.m. Dave Elston, 3470 W. Temperance, expressed concern with standing water on his and other neighboring properties; further saying his issue is with the flooding of the neighboring properties and not with the development. Ken Vaughn, 3550 W. Temperance, said he did not have water issues prior to the development. The Public Hearing was closed at 7:18 p.m. Steinman said the drainage issue was discussed extensively during the conceptual approval stage of the project approval process where the project engineer was asked to conduct a storm sewer study regarding the water issue, further saying it has been an exceptionally wet season with standing water in areas that are normally dry. Keith Gere said the drainage characteristics of the site have not been changed, with the road being built per grade that was naturally there and with a connecting culvert in the wetlands that was required by MDEQ in order to convey water if needed. As a result of further review, Ken Arnold of Arcadis, Township engineer, provided a topographical map of the development that showed elevations and drainage patterns. Mr. Gere said the water flows as planned, further saying a private drain on the south side of Temperance Road is overgrown, filled with leaves, and restrictive as far as discharge into Indian Creek to the south. Mr. Arnold said water is moving through the culvert crossing under Temperance Road, with overgrowth taking place farther (south) downstream within the private drain connecting to Indian Creek. Mr. Gere, when commenting on the standing water issue expressed by the neighbors during the public comment, said the roadside ditch on the north side of Temperance Road is shallow, saying the ditch could act as a relief for a certain amount of water, but will back up as a result of the overgrowth farther down stream. Mr. Arnold said the ditch is only two inches lower than the standing water level at the rear of the neighboring properties. Mr. Gere said the ditch would more than likely drain better if the private drainage ditch (approximately 800 feet from Temperance Road right-of-way to Indian Creek) on the south side of Temperance Road was cleaned. Mr. Gere cautioned against digging swales to drain wetlands without approval from the Michigan Department of Environmental Quality (MDEQ), saying he has made contact with the MDEQ asking for an opinion regarding creating an overflow to alleviate some of the high water while not completely draining the wetland, which is not feasible. Mr. Gere said he has not yet received a response. Mr. Arnold went over the drainage plan, water levels, and the water flow pattern. Mr. Gere said they have not changed the drainage patterns, further commenting on soil type. A lengthy discussion took place regarding 1) record water levels, 2) the approved development drainage plan being designed and installed while following the natural drainage pattern, 3) who installed (MCRC, MCDC, or a private owner) the private drain on the south side of Temperance Road, and 4) having to maintain the wetlands according to MDEQ approval. Mr. Arnold commented on the possibility of petitioning the MCDC to make the private portion of the drain public and assess accordingly for its cleaning, further saying a cleaning would help with sub-surface water and not surface water drainage. Bassinger commented on the elevations of the surrounding property and the challenge there would be to drain the rear of the properties due to the increased elevations nearer to the Temperance Road ditch. Schneider asked if it is the property owner’s responsibility to clean a private drain that is within their parcel. Mr. Arnold said someone other than engineers would have to advise on that issue, further saying a private owner cannot intentionally impede water flow. Further discussion took place regarding how maintaining of private drains can be enforced, particularly when an unmaintained drain can have a negative impact on several properties; if easements are available to maintain a private drain; and the increased water elevations due to a wet season. Mr. Gere reiterated the water issue with the neighbors was not caused by the development and the culvert under Temperance Road is not the drainage issue. When asked about the subject property drainage, Mr. Gere said a portion of the property at the development entrance is graded toward Temperance Road, while most the property within the right-of-way is graded into the site. When asked, Mr. Vaughn said he has had standing water in the past during wet seasons, but not to this caliber. Further discussion took place regarding drainage patterns and recent weather conditions that have contributed to the surface water issues. Several Planning Commission members commented on the water issue not being caused by the development. Mr. Vaughn said when the mound at the development entrance was installed, Mr. Wehrle indicated they would install a swale if water became a concern. Richard Wehrle, 9118 Timberlake Drive, said when that statement was made, he thought possibly the water behind Mr. Vaughn’s house, but on Forrester Wehrle property, might not be able to get to the crossover tile due to mound placement. Mr. Wehrle said further investigation found the mound was 30 feet south of the crossover, which resulted in no need to put a swale in. Mr. Arnold said a swale would provide little relief, and only if the water was at its highest level, due to the elevation being only a two-inch difference during the highest water level periods. Mr. Elston further commented on his having to pump water from the rear of his property to alleviate the standing water issue. Steinman said he and the Supervisor will make contact with the MCRC and MCDC to further inspect and comment on the ditches on the north and south side of Temperance Road, as well as the culvert that crosses under the road and flows to Indian Creek. Abel informed the applicant that the board was two members short, offering the option to defer to a later meeting when all members could be present. The applicant opted to move forward as scheduled. Motion by Schneider, supported by Steinman, to recommend Final Site Plan Approval and a rezoning from Agriculture to Planned Unit Development (PUD) for Timberlake PUD on Parcel Number 5802-644-002-00, 9118 Timberlake Drive, as it is consistent with the Master Plan, and with the same terms and conditions of the Preliminary/Conceptual PUD approval, which are as follows: 1) a drainage study be done relative to the metering of the water off the property, meaning, contacting the MCRC and/or MCDC to determine the water flow after it is evacuated from the property is running properly, 2) address the drainage concerns expressed during public comment, 3) working out details regarding ownership with respect to the Agricultural Estates portion of the project that is outside the PUD project, 4) the condominium documents and PUD agreement be reviewed and approved by the Township Attorney, 5) all amendments, as determined by the Township Attorney, be made to the existing deed restrictions and easements, 6) the existing log cabin shall not be enlarged or changed unless approved by the Planning Commission, 7) the log cabin on the open space pond area shall not be used as a buildable lot for a single family residence, and shall be maintained only as a park structure, 8) the open space area shall be accessible to all residents within the Timberlake Village Agricultural Estates as well as those within the Timberlake Village PUD, 9) the 100-foot perimeter setback shall be waived to 35 feet, 10) a street light shall be installed at the intersection of Timberlake Drive and Temperance Road through a Special Assessment District, and 11) the PUD required interior street lights within the PUD shall be waived. Roll call as follows: Voting Aye: Schneider, Steinman, Bassinger, Peitz, Abel. Voting Nay: None. Excused: Covrett, Bourque. Motion carried. The following item was moved from 8A to the bottom of the agenda due to lack of representation. A) REQUEST FOR RECOMMENDATION ON A TEMPORARY USE TO PERMIT A CHARITY CAR SHOW ON THE KROGER COMPANY PARCEL NUMBER 5802-030-132-31 AND A PORTION OF 5802-030-132-04, SECOR AND STERNS ROADS Abel said the applicant was not in attendance, where further discussion determined there were no changes in the request from previous years and the Planning Commission could take action on the issue. Bassinger said the request is for a three-year approval, questioning if there would be any concerns if the property were sold within that time. Attorney Kamprath said any approval should be subject to the land owner’s continuous consent, further saying the Planning Commission would be making a recommendation to the Board of Zoning Appeals, with the Board of Zoning Appeals making the final approval of the request. Schneider said Kroger would more than likely have their own stipulations that would allow them to have final approval of how long the use could continue, if approved by the Township, and if they decide to sell the property. It was determined the applicant should obtain a letter of approval from The Kroger Company that would allow the proposed use to take place for the next three years. Discussion took place regarding the proposed traffic pattern through neighboring properties in addition to several other points throughout the subject parcels. Peitz, saying he supports the event that has been good for the community and has raised a lot of money for worthy causes, said he must question if there are any safety concerns regarding multiple ingress/egress points. Peitz said there should be a controlled traffic flow plan for safety purposes. Schneider said it is not clear if the chart indicates specific event entrances/exists or if it only identifies entrances and exists that are available. Bassinger said if entrances/exists will be utilized on properties other than that located on Kroger property, a letter of approval should be obtained from those property owners. Duane Tucker, BZA facilitator, said the ordinance requires that the issue come before the Planning Commission for a recommendation to the BZA before the BZA can act on the request, further suggesting the Planning Commission include any conditions they are recommending to the BZA so that the issues can be reviewed prior to a decision on the request. Mr. Tucker said the applicant, Dale Hinkelman, is aware that he must have a signed letter from Kroger granting permission for the use and allowing Mr. Hinkelman, through a signed and notarized document, to act as an agent for Kroger as the property owner. Mr. Tucker said due to the cumbersome process to gain approval for this use, a three-year approval is being requested. Motion by Steinman, supported by Schneider, to recommend approval of the request for a temporary use to permit a charity car show on The Kroger Company Parcel Number 5802-030-132-31 and a portion of 5802-030-132-04, Secor and Sterns roads, as submitted and with the following recommendations: 1) the approval shall be for three years, 2) a letter of approval shall be obtained from The Kroger Company, and 3) the BZA shall be provided with a specific traffic flow plan for the event. Roll call as follows: Voting Aye: Steinman, Schneider, Bassinger, Peitz, Abel. Voting Nay: None. Excused: Covrett, Bourque. Motion carried. PUBLIC COMMENT – None. INFORMATION – Jenkins said the Master Plan update is on schedule with the Capital Improvements Plan to follow. COMMISSION / STAFF COMMENT – Peitz commented on the water issue regarding the Timberlake Village PUD and that the developer was in cooperation with the discussion even though the water flow had nothing to do with the development. Abel asked if he will be able to act on BZA requests that he voted on with the Planning Commission, commenting on a letter written by Attorney Graham. Attorney Kamprath said he would have to consult with Attorney Graham on the issue. Abel expressed interest in a seminar regarding the Michigan Planning Enabling Act introduction to be held in Monroe on June 12, 2008. Jenkins said the Planning Department plans on scheduling an ‘in house’ training session. ADJOURNMENT – The meeting duly adjourned at 8:35 p.m. Respectfully submitted, Karen
M. Kincaid, |
Copyright © 2000-2005
The Township of Bedford, Monroe County, Michigan. All rights reserved.
|
