Planning Commission Minutes
November 20, 2002

As Corrected on 1/13/03

Meeting called to order at 7:08 p.m.

MEMBERS PRESENT:
Kay Arnold
Dennis Cebulski
K.C. Mueller
Kendra Barberena
Carol Davis
Bill Pratt
Joe Bridgman
Jim Karell
Ray Sturdy

MEMBERS ABSENT: None

OTHERS PRESENT:
James D. Anulewicz, Public Services Director
Michael Bailey, Dietrich, Bailey Associates
Timothy Cronin, Township Attorney
Sally Hodges, McKenna Associates
Amy Neary, McKenna Associates
Alice Geletzke, Recording Secretary

ITEM NO. 1 -- APPROVAL OF MINUTES

1. Special Meeting – October 9, 2002

Commissioner Mueller corrected the minutes to include her mentioning that she wanted to make sure there was something in the lease or the lease was controlled so that the anchor, which in this case happens to be Farmer Jack’s, could not abandon the property and continue to make the lease payments for two or three years to avoid competition.

Commissioner Karell also wanted to note that he had commented that hard work was needed to protect the houses across the street from the lights of the fire truck. He didn’t feel it was appropriate to have a drive facing the houses where the fire trucks needed to turn on the roads.

Moved by Commissioner Bridgman, supported by Commissioner Davis, to approve the minutes of the Special Meeting of October 9, 2002, as amended.  Motion Passed

2. Regular Meeting – October 16, 2002

Commissioner Bridgman said the minutes needed correction by the addition on the last page as follows:

“Moved by Commissioner Pratt, supported by Commissioner Arnold, to adjourn the meeting. Motion passed unanimously.

Meeting adjourned at 9:45 p.m.”

Moved by Commissioner Bridgman, supported by Commissioner Pratt, to the approve the minutes of the Regular Meeting of October 16, 2002, as amended.  Motion Passed.

3. Work Session Meeting – October 30, 2002

Moved by Commissioner Bridgman, supported by Commissioner Arnold, to approve the minutes of the Work Session Meeting of October 30, 2002, as submitted.  Motion Passed.

ITEM NO. 2 -- APPROVAL OF AGENDA

1. Regular Meeting – November 20, 2002

Chairman Cebulski said Item 3 under Old Business, Application 1729/0502, was tabled. Commissioner Bridgman asked that the order of Items 1 and 2 under Public Hearings be switched.

Moved by Commissioner Bridgman, Supported by Commissioner Pratt, to approve the agenda for the Regular meeting of November 20, 2002, as amended.  Motion Passed.

ITEM NO. 3 -- SET DATE FOR PUBLIC HEARINGS - NA

ITEM NO. 4 -- PUBLIC HEARINGS

Commissioner Mueller asked to abstain from voting on this item because of perceived conflict of interest. She currently has properties for sale and has sold properties in the area in the past.

Commissioner Karell stated as an objection that if Commissioner Mueller, as a real estate, is going to have a conflict of interest because of properties on the market, then she has listings all over the Township. He didn’t know if this was an appropriate reason for her abstaining. He felt it would be different if Commissioner Mueller had other interests in the cell tower issue. Because of having listings all over the township, he felt she could possibly have a conflict of interest with everything if she was going to use that as a reason.

Moved by Commissioner Sturdy, supported by Commissioner Pratt, to allow Commissioner Mueller to abstain from consideration of Application 1753/1002, American Tower Corporation. Ayes all on a roll call vote.

It was agreed that she would adjourn to the adjacent room where she could watch the proceedings, but be out of sight of the Commission.

Township Attorney Cronin gave his legal opinion on Commissioner Mueller conflict of interest.

In answer to a question from the public regarding whether Commissioner Mueller has given up her freedom of speech by absenting herself, Mr. Cronin said did not believe she has given up her right to free speech. He said the process is that she is a Planning Commissioner and her conflict of interest precludes her from both participation and in the decision-making process.

Sally Hodges of McKenna Associates showed photographs of the facility and summarized their report of November 15, 2002. The report recommended denial of the request for Class “A” designation for the reasons listed.

Elizabeth Hill of American Tower spoke to the Commission and answered questions. She introduced Steve Baker, Chuck Griffith, and Tom Foulk of American Tower, and Wally Haley, an attorney with Sprint PCS, one of the carriers located on the tower.

Commissioner Bridgman noted for the record receipt of the following by the Commission: a handout from Ms. Sandy Osmer, several petitions with 100+ names, and another correspondence from Marilyn and George Samra. All items are available for public inspection.

The Public Hearing was opened at 7:40 p.m.

Each speaker was allowed three minutes. During the lengthy Public Hearing residents of the area presented their objections to granting approval of Class “A” Non-Conforming Status.

Objections:

a.  Negative health effects
b.  Negative impact on property values
c.  Voltage danger and television reception interference
d.  Lightening strikes
e.  Unsightliness
f.   Misled by builders – told tower to be removed
g.  Danger to children due to easy access to the site
h.  Amount paid in taxes by tower
i.   Adjacent owner concerned about lot sizes and negative impact of
     the tower

Comments is support

A resident spoke in favor of granting the Class “A” status. She felt the potential property owners saw the tower, and the expansion would aid in meeting the demand for increased technology.

The Public Hearing was closed at 8:40 p.m.

Mr. Anulewicz stated he couldn’t recommend that a Class “A” designation be issued. He felt most of the other issues that were brought up are extremely pertinent and the next step should be, once it’s either approved or denied, to pass on all of the other information received at the Public Hearing to the Attorney for a review and determination. Then come back to the Township administration with recommendations as to how they may proceed.

Discussion followed of the maintenance and security, the improvements that have occurred on the site and the proximity of the tower to housing developments.

Moved by Commissioner Pratt, supported by Commissioner Bridgman, to deny approval of a Class “A” Non-Conforming Status for Application 1753/1002, American Tower Corporation based on the recommendations in the report from McKenna Associates. Also, to make sure all of the pertinent materials collected regarding this application are forwarded to the Administration and the Attorney for appropriate action. Ayes all on a roll call vote except for Commissioner Mueller who abstained.

Commissioner Mueller returned to the meeting.

Amy Neary of McKenna Associates reviewed their report, which recommended approval subject to listed conditions.

Mr. Michael Boggio, architect on the project, addressed the Commission and answered questions. He presented a copy of an elevation used for other Standard Federal Banks and presented a written use statement.

Chairman Cebulski opened the Public Hearing at 9:31 p.m. There being no public comment, the hearing was closed at 9:32 p.m.

Moved by Commissioner Bridgman, supported by Commissioner Arnold, to approve use subject to special conditions for a bank for Application 1752/1002, Standard Federal Bank, subject to conditions and recommendations listed in the report from McKenna Associates.
Motion carried.

Sally Hodges of McKenna Associates presented the proposed text revision to the ARC Height Amendment. Rather than listing directly under the Schedule of Regulations the maximum height of 38ARC at two stories, 30 feet, with a footnote (f).

She also said the uses in the ARC which are permitted by special approval in the few industrial areas that have a maximum height today of 35 feet would continue to read 35 feet, with the same footnote (f).

Mrs. Hodges clarified the definition of “story” by explaining that if more than half of the distance between the floor and the ceiling is above grade it becomes a “story”. It becomes a basement if more than half is below grade.

The Public Hearing was opened at 9:46 p.m.

Arlene Karell was happy with the text change, she was still concerned about setting a precedent. The homes adjacent to the corridor are primarily ranches and tri-levels.

Kelly Frakes, adjacent to the New Liberty Bank who will be requesting an increased height, objected to changing the regulation, particularly for one project. One of the reasons specified was that the light would be restricted to the homes along the corridor.

The Public Hearing was closed at 9:52 p.m.

Discussion followed on the flexibility of the language, concerns were raised regarding the change of regulations with only one project in mind. The burden is on the Commission to ensure that the Township doesn’t end up with an alley of over-sized buildings along that corridor, and a question was raised on the height issue for the Fire Department. The proposed amendment would be forwarded to the City of Plymouth for consideration and adoption.

Commissioner Karell was fundamentally opposed to changing the regulations particularly with one project in mind.

Moved by Commissioner Bridgman, supported by Commissioner Mueller, to approve the amendment to Article XXXIV, Ann Arbor Road Corridor District, with Footnote (f) to read as follows:

(f) The Commission shall have the authority to approve an increase in building height up to a maximum of 38 feet, provided the building does not exceed two (2) stories and conforms with one of the following criteria:

1) The addition height is necessary to achieve two (2) stories due to the particular nature and functions of the approved use.
2) The additional height is necessary to accommodate architectural features that enhance the character of the building and the district.

Ayes: Arnold, Barbarena, Bridgman, Cebulski, Davis, Mueller, Pratt, Sturdy. Nays: Karell.

ITEM NO. 5—OLD BUSINESS

Sally Hodges of McKenna Associates and Township Engineer Bailey reviewed their reports.

Mr. Van Hunsberger, Architect, presented plans and answered questions.

Moved by Commissioner Bridgman, supported by Commissioner Arnold, to approve the final site plan for Application No. 1750/0902, Amoco Gas Station, subject to the items in the McKenna report and the report of Bailey and Associates being resolved. And that in Item #9, the brick piers by the sign being reviewed by McKenna Associates to possibly be incorporated into the sign and, further, the rear façade being wrap-around subject to review by the Building Official. Motion Passed.

Moved by Commissioner Bridgman, supported by Commissioner Davis, to table Application 1733/0702, Edinburgh Estates, for up to 60 days. Motion Passed.

This item was tabled.

ITEM NO. 6 – NEW BUSINESS

Amy Neary of McKenna Associates and Township Engineer Bailey reviewed their reports.

Commissioner Mueller asked the Commission’s opinion on whether she should excuse herself from voting on Application 1756/1002, Larry Bigelow landsplit, inasmuch as there may be a perception of conflict of interest because she sold them the property some time ago.

Moved by Commission Davis and supported by Commissioner Pratt that it not be necessary for K.C.Mueller to excuse herself from voting on Application 1756/1102, Larry Bigelow land split. Ayes all by roll call vote.

Moved by Commissioner Barbarena, supported by Commissioner Arnold, to grant approval Land Split Application No. 1756/1002 at 8980 N. Canton Center Road, Tax I.D. No. 058-99-0021, subject to the following conditions.
1) Confirmation that the parcel to be split is the parent parcel and qualifies for the requested land division.
2) A letter must be provided by the applicant, stating the Township will not be responsible for the extension of any utilities.
3) The sidewalk must be installed along resultant Parcel A’s Canton Center Road frontage, and
4) A site plan for the proposed private road must be submitted for review and approval by the Township Engineer prior to issuance of any permits. Such site plan must be in conformance with the Private Road Construction and Maintenance Ordinance. Motion Passed.

ITEM NO. 7 –- ANN ARBOR ROAD SIGN REQUESTS - N/A

ITEM NO. 8 – OTHER PLANNING COMMISSION BUSINESS

1. Review of Zoning Ordinance No. 83.

There was no action taken on this item.

ITEM NO. 9—COMMUNICATIONS AND/OR INFORMATION – NA

ITEM NO. 10—BOARD OF TRUSTEES ACTION – NA

MOTION TO ADJOURN

Moved by Commissioner Davis, supported by Commissioner Pratt, to adjourn the meeting.

Meeting adjourned at 11:10 p.m.

Respectfully submitted,



Joe Bridgman
Planning Commission Secretary

The Charter Township of Plymouth will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities at the meeting/hearing upon two weeks notice to the Charter Township of Plymouth. Individuals with disabilities requiring auxiliary aids or services should contact the Charter Township of Plymouth by writing or calling the Supervisor’s Office, Charter Township of Plymouth, 42350 Ann Arbor Road, Plymouth, MI 48170, (734) 453-3840, TDD users: 1-800-649-3777 (Michigan
 

Government   Business   Community   Departments   Reference Desk
Home   Search   Site Map

Comments/feedback on this website can be sent by clicking here.

Charter Township of Plymouth
9955 N. Haggerty Road
Plymouth, Michigan  48170
(734) 453-3840

This page last modified 12/07/07 .
All information © 2007 Plymouth Township, Michigan 

Site Use Policy

Site Design/Development by