Planning Commission Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
PLANNING COMMISSION MEETING
Monday, June 20, 2005
Bloomfield Township Hall

I. ATTENDANCE:

PRESENT: Mintz, Salz, Stefanes, Wittbold, Swoboda, Reisinger, Goldberg

ABSENT: None

Staff Present: Patricia McCullough, Planning and Building Director, and Robin Carley, Development Coordinator

Mr. Dave Payne, Township Supervisor, and Ms. Jan Roncelli, Township Clerk, were present in the audience.

II. APPROVAL OF MINUTES:

The minutes of May 16, 2005 were unanimously approved, with the corrections as noted by the Commission.

Mr. Wittbold submitted a sample format of minutes for the Commission to consider adopting.

III. SITE PLAN REVIEW (Tabled from May 16, 2005)

A. Bloomfield Technology Park – Research Park District (P. Raye)

Mr. Mintz noted that Mr. Bill Hampton, Township Attorney, was present to address how the Commission should approach their review and future decision on development of the proposed Bloomfield Technology Park. Mr. Mintz noted that the Commissioners were provided with a letter from Mr. Hampton’s office, as submitted to the file.

Mr. Hampton reviewed the letter dated June 20, 2005, as drafted by Mr. Derk Beckerleg, attorney, regarding the proposed project’s review based upon the Condominium Act as opposed to the Land Division Act. He noted that questions had been raised by Commissioner Wittbold in an e-mail sent to his office. Mr. Hampton noted that the applicant had requested approval under the Condominium Act. He reviewed the previous Subdivision Control Act, also known as the Plat Act. This Act was superceded by the Land Division Act, which is currently in effect. He noted that the Township had enacted Ordinance No. 166 which implemented many of the provision of the Land Division Act. Mr. Hampton noted that these Statutes and Ordinance were not applicable in this situation and that review of this proposal was subject to the Condominium Act together with the Zoning Ordinance relative to Site Plan Review and Ordinance No. 167, dealing with Engineering Design and Standards. Mr. Hampton confirmed the position as taken by Ms. McCullough. He also noted that each of the sites would be reviewed by the Planning Commission when developed in the future.

Mr. Wittbold stated that he understood that the application was made under the Condominium Act. He stated that he objected to the term "preliminary" approval, as opposed to the term "final" approval. He felt that the project should return to the Planning Commission for their final review and approval, including review of the Master Deeds and By-laws.

Mr. Hampton stated that his office reviewed Master Deeds and By-laws on a regular basis and that the Township Board of Trustees might also review the documents prior to final site plan approval for the project.

Ms. McCullough noted that the Planning Commission was to act on a preliminary site plan, forwarding their recommendations to the Township Board of Trustees. The Board of Trustees held the power to grant final site plan approval.

Ms. McCullough reviewed this tabled item for a proposed technology park within the Research Park District on the easterly side of Franklin Road, north of Square Lake Road, between Fremont Street and Furse Street. The staff report and plans previously reviewed by the Commission on May 16, 2005 were highlighted by Ms. McCullough, including the proposed landscape plan and greenbelt areas and the correspondence between the developer, Mr. Raye, and the neighbors. The letter submitted by Hubbell, Roth & Clark, Consultant Engineers for the Township, was reviewed and submitted to the file. The Departmental reports and Design Review Board minutes were also reviewed and submitted to the file. Ms. McCullough noted that a letter was submitted from the developer regarding the intent to establish Building and Use Restrictions and Restrictive Covenants along with a sample Master Deed.

Mr. Mintz asked for questions or comments from the Commission to Ms. McCullough.

There were no questions from the Commission to Ms. McCullough

Mr. Mintz asked for the presentation from the applicant.

Mr. Pat Raye, developer, was present with Mr. Pat Williams, engineer, and Mr. George Ostrowski, landscape architect. Mr. Raye reviewed the correspondence to the neighbors, dated June 10, 2005, addressing the concerns of the previous meeting. The letter was provided to the Commissioners and submitted to the file. He also commented that they were working with a wetlands consultant and that they were developing draft Building and Use Restrictions.

Mr. Mintz asked for questions or comments from the Commissioners to the applicant.

There were no questions for the applicant.

Mr. Mintz asked for questions or comments from the audience.

Mr. Ralph Garbedian, owner of 16.4 acres of the proposed site, signed a purchase agreement with Mr. Raye and requested that the Commission grant preliminary site plan approval. He stated that Mr. Raye had been very cooperative and had abided by all of the rules and regulations.

Mr. James Wright, 370 Furse Street, was present to support the proposal. He stated that his property is not zoned correctly for him to rebuild his home and that he has also signed a purchase agreement with Mr. Raye. He requested that the Commission expedite the proposal.

Mr. Bobby Kaiser, 691 Franklin Road, was present in support of the project and requested that the Commission grant preliminary site plan approval.

Ms. Judy Hudalla, 395 Fremont, was present in support of the project.

Mr. Kaywin Goodman, 236 N. Berkshire, reviewed the correspondence between himself and Mr. Raye. He expressed concern with security and requested that security gates be installed at the entrance off of Franklin Road. He also requested that the greenbelt areas exceed the requested 20 feet in width, if possible.

Ms. Lucille Parks, 374 Fremont, was present representing her family’s property and stated that the developer should buy her property to include the site within the proposal.

Mr. and Mrs. Don Griffin, 380 Furse Street, were present in support of the proposal. They stated that the developer had met all the rules and requirements and requested that the Commission expedite the project.

The resident of 330 N. Berkshire, questioned the impact to her property, noting safety concerns.

Mr. Mintz closed the hearing for public comments and asked for further questions or comments from the Commissioners.

The Commission questioned the proposed detention pond, drainage issues, and if the entry road would be a public road.

Mr. Williams commented that engineering plans would be submitted for review and approval prior to issuance of a building permit. It was noted that the road would be designated as a public road and maintained by Oakland County.

The size of the proposed greenbelts and buffer areas were also questioned.

Mr. Raye noted that the Master Deed would address the greenbelt areas and that it would be submitted for review and approval by the Township Board of Trustees and the Township’s Attorney.

The Commission discussed maintenance of the greenbelt areas and if the areas should be designated as conservation easements. They also questioned if the greenbelts would be maintained by the Association or by the individual sites.

Ms. McCullough noted that the Township’s Property Maintenance Ordinance allowed for the Township to enforce property maintenance issues.

Mr. Mintz called for a motion.

Motion was made by Stefanes, seconded by Salz and was supported to forward the project to the Township Board of Trustees with a recommendation for approval with the following conditions:

Mr. Mintz asked for discussion of the motion.

Mr. Wittbold commented that he did not feel the motion allowed the Commissioners to fully comprehend the finished project. He felt that the Commissioners should review the master deed and by-laws.

Mr. Mintz confirmed with Ms. Carley that the motion included review of the Master Deed and By-laws by the Township Board of Trustees and the Township Attorney prior to final site plan approval.

YEAS: Mintz, Salz, Stefanes, Reisinger, Goldberg

NAYS: Wittbold, Swoboda

IV. GENERAL BUSINESS:

The next Planning Commission meeting was scheduled for Monday, July 18, 2005 at 7:00 P.M.

V. ADJOURNMENT

CHARTER TOWNSHIP OF BLOOMFIELD
LOCAL WETLANDS HEARING
Monday, June 20, 2005
Bloomfield Township Hall

I. ATTENDANCE:

PRESENT: Mintz, Salz, Stefanes, Wittbold, Swoboda, Reisinger, Goldberg

ABSENT: None

Staff Present: Patricia McCullough, Planning and Building Director, and Robin Carley, Development Coordinator

Mr. Dave Payne, Township Supervisor, and Ms. Jan Roncelli, Township Clerk, were present in the audience.

Dr. Don Tilton, Wetlands Consultant for the Township, was present in the audience.

II. LOCAL WETLANDS HEARINGS:

A. Bloomfield Technology Park – Research Park District (P. Raye)

Ms. McCullough introduced this request to the Commission for wetlands approval to allow for development of the road within the proposed Bloomfield Technology Park, currently being reviewed by the Planning Commission for preliminary site plan approval. Ms. McCullough noted the review by Dr. Don Tilton, the Township’s Wetland Consultant, as provided to the Commissioners and submitted to the file. She stated that a wetlands permit from the Michigan Department of Environmental Quality was not needed for this proposal, however a local wetlands review was required, pursuant to Ordinance No. 473. Ms. McCullough highlighted her staff report as submitted for the Commission’s consideration.

Mr. Mintz asked for Dr. Tilton’s report.

Dr. Tilton reviewed the proposal for the Commissioners, highlighting his wetland report as submitted. He commented that this hearing was for Wetlands Area E on the plan presented and that future wetlands hearings would be required for possible future development within other wetland areas within the development. Dr. Tilton offered a favorable recommendation for approval of this request.

Mr. Mintz asked for questions or comments from the Commissioners to Dr. Tilton.

Mr. Salz questioned if Unit 8, with Wetlands Area F, was a proposed building site.

Dr. Tilton commented that only the front portion of Unit 8 was to be considered buildable, without encroaching into Wetland F. He commented that Unit 8 would be further reviewed when the site was developed.

Mr. Mintz called for a motion.

Motion was made by Wittbold, seconded by Salz and was unanimously supported approving the wetlands permit, pursuant to Ordinance No. 473, and subject to local criteria and standards.

YEAS: Mintz, Salz, Stefanes, Wittbold, Swoboda, Reisinger, Goldberg

NAYS: None

B. Conant Elementary School – 4100 & 4200 Quarton Road (Bloomfield Hills School

Ms. McCullough introduced this request to the Commission for wetlands approval to allow for the construction of an elevated boardwalk and observation platform at Conant Elementary and Bloomfield Hills Middle School. She noted the review by the Michigan Department of Environmental Quality and the review by Dr. Don Tilton, the Township’s Wetland Consultant, as provided to the Commissioners and submitted to the file. Ms. McCullough highlighted her staff report as submitted for the Commission’s consideration.

Mr. Mintz asked for Dr. Tilton’s report.

Dr. Tilton highlighted his review as provided to the Commissioners and submitted to the file. He commented that approval of the proposal would provide an excellent opportunity for the public to observe a quality wetlands area, thus providing an education regarding wetlands issues. He stated that an elevated boardwalk, as proposed, was preferred to a pathway at grade. Dr. Tilton offered a favorable recommendation for approval of this request.

Mr. Mintz asked for questions or comments from the Commission to Dr. Tilton.

The Commission questioned the types of plants within the wetlands area.

Dr. Tilton reviewed the quality of the wetlands, noting the growth of buttonbush shrubs within the wetlands area, with a forested fringe.

Mr. Mintz asked for the presentation from the applicant.

Mr. Seth Aylesworth, Senior Patrol Leader of Troop 1036, was present with Mr. Dan Badgley, Manager of the E. L. Johnson Nature Center. Numerous members of Troop 1036 were also present in the audience. Mr. Badgley was present representing the applicant and presented a slideshow highlighting the site and the proposed project. Mr. Aylesworth presented a powerpoint review of the proposal, along with handouts for the Commissioners’ review. The history of the site was reviewed and details of the project were presented. The applicant stated that the Boy Scouts were raising funds for the project and would perform the work, as part of their Eagle Scout badge requirements.

Mr. Mintz opened the hearing for public comment.

Ms. Nicole Pollack, representing her brother Mr. Joe Kaplan, read his letter stating his objections to the request.

Ms. Mary Pew, a resident of Bloomfield Township, was present in objection to the request. She reviewed the history of the site and stated that the site should remain as is, without further intrusion.

Mr. Badgley stated that the existing path does not provide adequate access and that a viewing platform would allow for the public to enjoy and study the wetlands. He stated that the proposal was minimally invasive and that the benefits outweighed the concerns.

Mr. Mintz asked for questions or comments from the Commissioners to the applicant.

The Commission questioned who was responsible for liability issues and required building permits.

Ms. McCullough noted that the project was on school property and that the school district would be responsible for safety issues. She also noted that the Township had no authority to issue permits for school property or inspect school property. She noted that the State of Michigan was responsible for reviewing and issuing permits on school property, and also responsible for the inspections.

Mr. Mintz called for a motion.

Motion was made by Stefanes, seconded by Wittbold and was supported to approve the wetlands permit as proposed, pursuant to Ordinance No. 473, and subject to local criteria and standards.

YEAS: Salz, Stefanes, Wittbold, Swoboda, Reisinger

NAYS: Mintz, Goldberg

III. ADJOURNMENT:

Respectfully submitted,
Patricia McCullough, Director
Planning and Building

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