Planning Commission Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
PLANNING COMMISSION MEETING
Monday, August 15, 2005
Bloomfield Township Hall

I. ATTENDANCE:

PRESENT: Mintz, Salz, Stefanes, Wittbold, Reisinger

ABSENT: Swoboda, Goldberg

Staff Present: Patricia McCullough, Planning and Building Director, Captain Kirt Bowden, Police Department, Captain Mike McCully, Fire Marshall, and Robin Carley, Development Coordinator

Mr. Dave Payne, Township Supervisor, and Mr. Dan Devine, Township Treasurer were also present.

II. APPROVAL OF MINUTES:

Motion was made by Reisinger and unanimously supported approving the Planning Commission minutes of July 18, 2005 as written.

III. SITE PLAN REVIEW:

A. Class C Liquor License Requests:

1. Golden Crown Restaurant – 43239 Woodward Avenue – Kingswood Plaza

Ms. McCullough presented this request for approval of a Class C liquor license for the existing restaurant within the shopping center located on the westerly side of Woodward Avenue, north of Square Lake Road, within the B-2, Community Business zone district. Floor plans, site photos, and parking plans were submitted for the Commission’s review and to the file. Ms. McCullough stated that the existing restaurant was a permitted use within the B-2 Zone District, there were no proposed changes to the floor area and that the parking was in compliance. She noted that this proposal would be forwarded to the Township Board of Trustees, with a motion from the Planning Commission, for final approval or denial. The Departmental reports from Police and Fire were presented to the Commission and submitted to the file. Ms. McCullough’s staff report was also submitted to the file.

Mr. Wittbold questioned how many licenses were available to the Township and if their availability was based on population. He also questioned if the Township had a policy as to how many licenses would be granted within a year period and if any licenses would be kept in reserve.

Ms. McCullough confirmed that the number of available licenses was based on population, determined by the census, and that she believed there were 15 Class C licenses available to Bloomfield Township. She stated that the Township did not currently have a policy in effect to hold licenses in reserve.

Ms. McCullough reviewed the criteria and local ordinance requirements relating to Class C liquor licenses and also noted that the State LCC requirements must be met prior to issuance of a Class C liquor license. She noted that the Planning Commission would only be reviewing requests for Class C liquor licenses within the B-2 and B-3 Zone Districts.

Mr. Mintz called for a motion.

Motion was made by Reisinger, seconded by Salz and was unanimously supported to forward this request for a Class C liquor license for the Golden Crown Restaurant at 43239 Woodward Avenue to the Township Board of Trustees with a recommendation for approval, noting that the request was in compliance with the criteria stated in Section 701.

YEAS: Mintz, Salz, Stefanes, Wittbold, Reisinger

NAYS: None

2. Huda / Lebanese Restaurant – 43259 Woodward Avenue – Kingswood Plaza

Ms. McCullough presented this request for approval of a Class C liquor license for the existing restaurant within the shopping center located on the westerly side of Woodward Avenue, north of Square Lake Road, within the B-2, Community Business zone district. Floor plans, site photos, and parking plans were submitted for the Board’s review and to the file. Ms. McCullough stated that the existing restaurant was a permitted use within the B-2 Zone District, there were no proposed changes to the floor area and that the parking was in compliance. She noted that this proposal would be forwarded to the Township Board of Trustees, with a motion from the Planning Commission, for final approval or denial. The Fire Department and Police Department reports were provided to the Commission and submitted to the file. Ms. McCullough’s staff report was also submitted to the file.

Mr. Mintz called for a motion.

Motion was made by Salz, seconded by Stefanes and was supported to forward this request for a Class C liquor license for the Huda / Lebanese Restaurant at 43259 Woodward Avenue to the Township Board of Trustees with a recommendation for approval, noting that the request was in compliance with the criteria stated in Section 701.

YEAS: Mintz, Salz, Stefanes, Reisinger

NAYS: Wittbold

IV. CALL FOR PUBLIC HEARING:

1. T-Mobile – 41415 Dublin Drive – Cellular Tower and Base Cabinets

The Commission briefly reviewed the information submitted regarding this proposal, including the motion from the Design Review Board Meeting of August 3, 2005.

Mr. Mintz confirmed the public hearing date of Monday, September 19, 2005 to review the submitted request by T-Mobile, with proper advertisement and notification by the Planning Department.

V. BLOOMFIELD PARK / 425 AGREEMENT – SITE PLAN REVIEW:

1. Master Site Plan and Building A – BP Associates, LLC – C. Schubiner

Mr. Mintz stated that the purpose of this review by the Planning Commission was to gather information and provide comments to forward to Mr. Dan Devine, the Township’s representative to the Joint Development Council. Mr. Mintz asked for a presentation from Ms. McCullough.

Ms. McCullough identified all the information provided to the Planning Commissioners, including the 425 Agreement, the City of Pontiac’s Town Center Ordinance, and plans submitted by the applicant. She commented on the need to review the plans for compliance with the 425 Agreement and for compliance with the Town Center Ordinance.

Ms. McCullough reviewed the proposal, including the requirements within the 425 Agreement and the Township’s policy to forward any submittals by the applicant to the Planning Commission and the Township Board of Trustees for review comments to be provided to the Township’s Joint Development Council representative. She noted that Ms. Madhu Oberoi, Planner, was Pontiac’s representative to the Joint Development Council and Magistrate A. Kaye Stanfield-Spinks was the third member of the Council.

Ms. McCullough reviewed her staff report dated August 12, 2005, which was provided to the Commissioners and submitted to the file. The following issues were addressed regarding the Master Site Plan submitted:

Ms. McCullough noted that representatives of the Police Department and Fire Department were present in the audience along with Mr. Mike Labadie, the Township’s Traffic Consultant.

Mr. Mintz asked for comments from Mr. Mike Labadie, P.E., Senior Vice-President with Tetra-Tech, Inc.

Mr. Labadie reviewed his preliminary site plan review and findings report, dated August 12, 2005, as provided to the Commissioners and submitted to the file. He noted that Bloomfield Township had not yet been provided with the applicant’s draft scope of work or a draft traffic impact analysis study. He commented that MDOT may have been provided that information but that the information had not yet been provided to Bloomfield Township, nor was an estimated submittal date known. Mr. Labadie expressed several concerns with safety issues, traffic circulation, and access to the site and noted that MDOT also had expressed grave concerns with this proposal, in preliminary meetings that were held with the developer months ago. He commented that the site plan and submission package were not complete and that he needed to review the draft scope of work, when submitted, in order to offer further comments.

Mr. Mintz confirmed that additional information was required to be submitted by the developer’s traffic consultant, for review by the Township’s traffic consultant.

Mr. Mintz asked for comments from Fire Marshall Mike McCully.

Mr. McCully reviewed his report dated August 8, 2005, as provided to the Commission and submitted to the file. He expressed several concerns including water main sizes and available water supply, location of the FDC’s now shown on the submitted plans, spacing of the proposed fire hydrants, fire department access roads not shown on the plans, and the lack of a northerly access point for Pontiac’s emergency vehicles. He commented that required response times may not comply with the NFPA 1710 guidelines. Mr. McCully stated that he would deny this submittal, as presented, if this project was proposed for Bloomfield Township, due to life safety issues.

Mr. Mintz confirmed that additional information was required to be submitted by the applicant for review by the Township’s Fire Department.

Mr. Mintz asked for comments from Police Captain Kirt Bowden.

Mr. Bowden reviewed his preliminary report dated August 11, 2005, as provided to the Commission and submitted to the file. He expressed several concerns including the negative traffic impact this project would have on Telegraph Road, largely due to the limited number of ingress / egress points, all located along Telegraph Road. He commented that any congestion along Telegraph Road would severely hamper emergency access to the proposed project and also noted that the increased traffic along Telegraph Road would increase the Township’s response times to service their residents. Mr. Bowden commented on the lack of evacuation routes within the development if Telegraph Road was blocked. He also noted that providing emergency response to the development may be problematic due to its isolation from the City of Pontiac. A detailed traffic study was requested.

Mr. Mintz confirmed that additional information was required to be submitted by the applicant for review by the Township’s Police Department.

Ms. McCullough reviewed her staff report dated August 12, 2005, as provided to the Commission and submitted to the file. The following issues were addressed regarding the plans as submitted for Building A:

Ms. McCullough stated that the proposed project must meet all conditions of the 425 Agreement, with no variances allowed. The Joint Development Council did have the authority to grant a variance to the Town Center Ordinance, with a unanimous vote of the Council.

Mr. Mintz asked for comments from the public.

Mr. Marty Stoneman, attorney for Stamford United, owner of the property for the existing K-mart building, was present to comment on the existing easement along the side of the K-mart building, next to the Gateway Building and the Pier One tenant space. He stated that the access easement was to service only the previous Miracle Mile property and was not to service the remainder of the proposed Bloomfield Park Development. He commented that the proposed use would overburden the easement and would be objectionable to the owners of the K-mart property. He stated that the integrated roadways within the development, as proposed on the plans submitted, would provide access from the "Miracle Mile" property to the remainder of the development and would thus be prohibited by the terms of the easement. Mr. Stoneman also commented that the curb cut installed by Harbor Companies behind the existing Pier One tenant space was in violation of the easement due to no signed easement agreement in place and no monies exchanged between Stamford United and Harbor Companies.

Ms. McCullough stated that the Township was currently in court with Harbor Companies regarding the curb cut installed behind the Pier One tenant space, due to the fact that a signed easement agreement had not yet been submitted by the developer, which was a requirement for approval of the site plan by the Township Board of Trustees.

Mr. Devine thanked the Planning Commission for taking the time to review the Bloomfield Park proposal. He confirmed that the Township’s position had always been to forward Bloomfield Park submittals to the Planning Commission and the Township Board of Trustees to provide input prior to his attending meetings of the Joint Development Council. Mr. Devine stated that he would take all the comments, questions, and concerns from the various Boards to the Council meetings so to avoid the viewpoint of just one Township Official at the Joint Development Council.

Mr. Mintz asked for any further comments to be provided from the Commissioners to Mr. Devine.

The Commissioners expressed several grave concerns regarding the Bloomfield Park proposal as submitted, including:

Mr. Mintz commented on the lack of information and the need for more detailed plans in order to make an informed decision. He commented on the reports as provided by the Township’s consultants, department heads, and staff and complimented them on their thoroughness under such tight time constraints and the inadequacy of the plans submitted.

Mr. Devine noted that the developer had a representative in the audience and that hopefully the developer would review the Commissioners’ comments and would understand the need to submit accurate and detailed plans, as required, for a proper review. Mr. Devine stated that it was not the Township’s intent to delay this project but that the proper, required information must be submitted by the developer.

VI. GENERAL BUSINESS:

The next Planning Commission was scheduled for Wednesday, September 7, 2005, due to observance of the Labor Day Holiday on Monday, September 5, 2005.

VII. ADJOURNMENT:

The Planning Commission Meeting of August 15, 2005 was adjourned at 9:00 P.M.

Respectfully submitted,

Patricia McCullough, Director

Planning and Building

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