Planning Commission Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
PLANNING COMMISSION MEETING
Monday, November 7, 2005
Bloomfield Township Hall

I. ATTENDANCE:

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

ABSENT: None

Staff Present: Patricia McCullough, Planning and Building Director, Robin Carley, Development Coordinator, Mike McCully, Fire Marshall, Dan Edwards, Traffic Sergeant

Mr. Michael Labadie, Tetra-Tech, Inc., Township Traffic Engineer Consultant, was present.

Mr. Bill Hampton, Township Attorney, was present.

Mr. Dave Payne, Township Supervisor, was present.

II. APPROVAL OF MINUTES:

Motion was made and unanimously supported approving the Planning Commission minutes of October 17, 2005, with one correction as noted by Mr. Wittbold.

III. SITE PLAN REVIEW:

A. Burlington-Bloomfield Shopping Center – South Boulevard and Squirrel Road:

Ms. Reisinger recused herself from this item due to a conflict of interest.

Ms. McCullough introduced this item to the Commission, which was tabled on October 17, 2005, to address the concerns raised by the public, including parking and traffic circulation issues and the existing consent judgment governing this property.

Ms. McCullough introduced Mr. Bill Hampton to address the issues relative to the consent judgment.

Mr. Hampton reviewed the history of the site as it related to the consent judgment. He reviewed his letter, dated November 7, 2005, as provided to the Commissioners and submitted to the file. He highlighted the main issues as addressed in his letter which were as follows:

Mr. Hampton stated that he was the Oakland County Circuit Court Judge that signed the consent judgment, but had nothing to do with its terms and conditions. He noted that the consent judgment, as with any contractual agreement, might be modified with the consent of both parties. He reviewed the process required for amending the consent agreement.

There were no questions from the Commissioners to Mr. Hampton.

Ms. McCullough reviewed the site plan proposal and highlighted the changes as submitted by the applicant. A revised site plan was provided to the Commissioners and submitted to the file. She noted the variances that would be required for the proposal, including a height variance, a parking variance, and a setback variance to allow for truck circulation around the southwesterly corner of the Kroger store. The delivery times were noted on the revised site plans submitted to the file, along with the addition of "no trucks" signage at the proposed curb cut onto Squirrel Road. Additional landscaping was also proposed at the southeasterly corner of the site, adjacent to the residential area. Ms. McCullough noted that two trash compactors were proposed adjacent to the rear of the building, along with the existing dumpsters within the existing dumpster enclosure.

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

Dr. Goldberg questioned the number of parking spaces provided and the number of spaces needed for the existing restaurant within the shopping center.

Ms. McCullough reviewed the parking requirements for a restaurant use as opposed to general retail, noting that the existing restaurant use currently created a deficiency in the number of parking spaces. Ms. McCullough noted that the parking deficiency would require a variance. She stated that she was not aware of any parking issues currently at the shopping center.

Mr. Salz questioned the peak hours of operation for the restaurant.

Ms. McCullough confirmed with the applicant that the restaurant had a strong lunch clientele and was not primarily a dinner establishment.

Ms. McCullough introduced Mr. Michael Labadie, Traffic Consultant.

Mr. Labadie noted that he was the Township’s traffic consultant and was representing the best interests of Bloomfield Township. He presented a power point which included his objectives, a summary of the project, existing aerials of the site, traffic circulation and patterns, a conceptual site plan, and comments on the traffic study submitted. The powerpoint as presented at the meeting was also printed and submitted to the file. Mr. Labadie reviewed the history of the traffic study and the numerous meetings between representatives of the shopping center, himself, and Bloomfield Township staff. He reviewed the current traffic and safety issues on South Boulevard and Squirrel Road and presented a detailed analysis of the proposed improvements to the traffic circulation provided with this site plan proposal, including the proposed curb cut onto Squirrel Road. Mr. Labadie commented that the Squirrel Road curb cut would improve traffic circulation on South Boulevard, reduce accidents, especially at the South Boulevard and Squirrel Road intersection

Mr. Salz questioned the need for the curb cut off South Boulevard, closest to Squirrel Road. He also commented on traffic exiting from this curb cut, turning right onto South Boulevard and then trying to immediately turn left onto Squirrel Road

Mr. Labadie noted that the truck circulation from the curb cut off South Boulevard was a right in – right out only and would allow for trucks to enter off South Boulevard and travel to the rear of the building without coming through the center of the shopping center parking lot or across the front of the building. He also commented that Oakland County controlled signage and would regulate the traffic flow exiting the shopping center.

Ms. McCullough introduced Bloomfield Township Traffic Sergeant Dan Edwards.

Sergeant Dan Edwards reviewed his staff reports, dated 10-12-05 and updated on 10-14-05, as provided to the Commissioners and submitted to the file. The previous report, dated 09-21-05, was provided again to the Commissioners and submitted to the file. Sergeant Edwards provided more detailed information relating to the number and type of accidents associated with the shopping center. He presented site plans and aerials of the site, highlighting the accidents that occurred in front of the shopping center from the year 2002 to 2004. Sergeant Edwards presented the statistics from the City of Auburn Hills relating to the accidents associated with the curb cut onto Squirrel Road from the shopping center to the north. He concluded that the proposed curb cut onto Squirrel Road would improve the traffic circulation and safety in the area and would reduce the number of accidents currently associated with the traffic issues at the shopping center. Sergeant Edwards also commented that there were no reported accidents in the Township regarding safety paths and sidewalks crossing driveway entrances.

Ms. McCullough introduced Bloomfield Township Fire Marshall Mike McCully.

Fire Marshall Mike McCully commented on the proposed renovations to the shopping center, including the proposed curb cut onto Squirrel Road, noting that the curb cut would provide faster response times to the shopping center. He also noted that emergency vehicle response times also included EMS service. He stated that the proposed renovations to the shopping center provided for more fire hydrants and provided a better location for the fire department connection. He reviewed his previous report, dated 10-14-05, as provided to the Commissioners and submitted to the file.

There were no questions from the Commissioners to Mr. McCully.

Mr. Mintz asked for the presentation from the applicant.

Mr. Mark Drane, architect with Rogvoy Architects, was present with Mr. Rick Ragsdale, Kroger representative. He reviewed the proposed renovations to the shopping center, including the proposed curb cut onto Squirrel to improve the traffic circulation for the shopping center. Mr. Drane noted the addition of the "No trucks" signage, the hours of delivery, and the additional landscaping as provided on the revised plans. The drive aisle at the southwesterly corner of the Kroger store was widened to allow for more efficient truck traffic circulation.

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

Mr. Salz questioned the entrances to be used for the truck traffic.

Mr. Drane reviewed the existing and the proposed truck traffic patterns, noting that the truck traffic should not mix with vehicular or pedestrian traffic.

Dr. Goldberg questioned the proposed height variance.

Mr. Drane stated that the building currently violates the height requirements as stated in the consent judgment. He commented that the proposed variance from the Township’s Zoning Ordinance requirements was needed due to the proposed roofline allowing for the screening of the rooftop mechanicals.

Dr. Goldberg questioned the proposed parking variances and if there was enough parking for the proposed additional retail space.

Mr. Drane commented that if the existing restaurant was a retail use, the parking would comply with the number of spaces as required by the zoning ordinance. The parking space variance was needed to maintain the existing restaurant use.

Mr. Wittbold commented on the parking lot configuration, including removing a couple of spaces to provide better truck circulation. He stated that overall he felt the applicant had presented a good plan.

Mr. Mintz asked if the developer was able to meet with any of the surrounding property owners.

Mr. Drane stated that he did not believe that the shopping center owner, who was not present at the meeting, had met with the neighbors.

Mr. Mintz opened the meeting to public comments.

Mr. Harold DeGraff, 1735 Squirrel Valley Drive and President of Bloomfield North Association was present in support of the project, but did want to express some concerns of the residents within his subdivision. He stated that he had spoken with the residents that were adjacent to the rear of the shopping center and adjacent to Squirrel Road and had also been in contact with Mr. Sam Thomas, owner of the shopping center, who had addressed several of his concerns. He commented that the proposed trash compactors would be an improvement to the existing odor concerns, along with more timely trash pick-up. He also questioned if a filtering system might be added to reduce the odors from the existing restaurant. He commented on the condition of the existing concrete wall, possibly cleaning and painting the wall a green color, with periodic maintenance of the wall, and possibly extending the wall further towards Squirrel Road. He stated that the majority of the residents within his subdivision were strongly in favor of the proposed curb cut onto Squirrel Road and that the proposed renovations would improve their property value. Mr. DeGraff requested that the Commission forward this project to the necessary Boards with a recommendation for approval.

Mr. James Greenwalt, 1565 Squirrel Road, was present expressing concerns with the unknowns of this project. He commented on possible drainage concerns due to no storm sewers along Squirrel Road. He also objected to possible truck traffic using the Squirrel Road curb cut and possible safety issues with the existing safety path along Squirrel Road.

Mr. Lorenzo Carricchio, 1162 Peveril Road, questioned the existing vacant tenant spaces, if a traffic study was done when the shopping center was originally proposed, and the effect of the extension of the left turn lane.

Mr. Milton Gordon, 1077 Oak Tree Lane, questioned the existing and proposed truck circulation and why it now needed to be changed. He also questioned the construction traffic route.

Mr. John Tonelli, 1261 Ashover Drive, commented on the increased traffic in the area and that he felt the proposed curb cut onto Squirrel Road would increase the traffic on Ashover. He suggested that South Boulevard be widened with a "Michigan" U-turn.

Mr. David Buckley, 2651 Squirrel Road, a Township Board Trustee and former resident of Bloomfield North Estates at 1027 Dobson Lane. He was present in support of the project. He commented that he had grown up in Bloomfield Township and had frequented this shopping center since his childhood. He commented that he had previously addressed Health Department issues with the Kroger store representatives and had noted the need for improvements. He reviewed the history of the site and stated that he was very concerned with the issues raised by the public, particularly those residents along Squirrel Road directly across from the shopping center, who were objecting to the curb cut. Mr. Buckley reviewed the existing traffic and safety issues related to the shopping center and stated that he believed the proposed renovations and the proposed curb cut would improve the traffic issues and would address safety concerns at the shopping center. He stated that property values would be improved with the proposed renovations and that the tenants and clientele would also be upgraded.

Ms. Lori McEntee, 3356 South Boulevard, commented that she was confused with why the curb cut was being proposed and who actually wanted the curb cut, stating that she had spoken with Mr. Sam Thomas and that he was not in favor of the proposed curb cut. She also commented on the existing vacant tenant spaces, the safety issues associated with the shopping center, and also on the proposed landscaping. She questioned why there was no curb cut onto Squirrel Road when the shopping center was originally developed.

Ms. JoAnn Carlson, 1262 Ashover and President of the Chapel Hills Association, was present speaking only on behalf of herself. She commented on the proposed truck circulation, including the proposed traffic behind the shopping center. She questioned the truck weight on Squirrel Road and their effect on the roadway. She objected to the proposed curb cut onto Squirrel Road. She also noted the need for improved lighting within the shopping center. She stated that she felt traffic would be increased on Ashover Drive if the curb cut onto Squirrel Road was installed. Ms. Carlson also questioned if notices were sent for this meeting.

Mr. Greesh Khurana, 1085 Oak Tree Lane, was present regarding the proposed landscaping at the southeast corner of the site, adjacent to his property. He requested that the wall be extended towards Squirrel Road to eliminate the trash issues.

Ms. Laura Knoll, 1295 Ashover Drive, questioned the location of the Jade Tiki Restaurant and the proposed expansion of the Kroger Store. She stated that she did not feel that the traffic issues on South Boulevard at Squirrel Road were a problem. She also questioned the proposed truck circulation.

Mr. Mintz closed the public comment portion of the meeting and requested that the Township staff and representatives address the questions and concerns raised by the public.

Sergeant Edwards and Ms. McCullough addressed the "No trucks" signage proposed for the Squirrel Road curb cut, noting that the Township Board of Trustees could pass a resolution, upon the request of the shopping center owner, granting police powers to issue tickets for violations to the "No trucks" signage.

Sergeant Edwards commented that the increased traffic currently on Ashover Drive was due to the existing construction on Square Lake Road and I-75.

Mr. Labadie addressed the public safety issues raised by the public, noting that sight distances would not be affected regarding the bike paths. He commented that the left turn lane on Squirrel Road was not being extended down to Ashover. He noted that any increased traffic on Ashover would be from within the subdivision itself and not cutting through from South Boulevard. Mr. Labadie noted the improvements to the truck circulation with the proposed renovations. He commented that drainage concerns would be addressed by the Township’s civil engineers prior to issuance of any building permits. He also noted that Oakland County would address drainage issues prior to allowing the Squirrel Road curb cut. He stated that Squirrel Road was properly constructed for truck traffic. He commented that the improved changes to the traffic circulation would alleviate traffic congestion and reduce accidents associated with this shopping center. Mr. Labadie also noted that trucks traveling south through the shopping center from the easterly curb cut off South Boulevard could be controlled with a stop sign at the proposed curb cut off Squirrel Road.

Mr. Hampton commented on the process of amending the consent judgment, noting that many of the conditions as raised by the public, including property maintenance, drainage, lighting, landscaping, and signage issues, could be addressed in an amendment to the consent judgment. Mr. Hampton noted that the Planning Commission had scheduled posted meeting dates, also available on the Township’s website, and that there were no legal requirements, either in local ordinances or State law, for sending notices for this meeting. He did comment that the Zoning Board of Appeals meetings required legal notification and that notices were typically sent for Township Board meetings, however there was no legal requirement for noticing for Township Board of Trustees meetings. Mr. Hampton also noted that the Associations’ representatives should inform their residents when items of interest were being reviewed by the Township.

Notices were mailed for the October 17, 2005 Planning Commission meeting and the item was tabled to a date certain, November 7, 2005, with no legal notification required.

Supervisor Payne reviewed the history of the site and noted the deplorable conditions of the shopping center, including the existing traffic and safety issues. He commented that the Township had been in contact with the owner for several years regarding the need to upgrade this shopping center, citing property maintenance issues, traffic issues and safety issues. Mr. Payne stated that due to the existing consent judgment, the Township was originally opposed to the curb cut onto Squirrel Road, but requested a traffic study and asked the developer to present his arguments. He stated that the developer submitted a traffic study report to the Township, that was reviewed by the Township’s traffic consultant engineer, and had proved that there were many valid reasons for providing the Squirrel Road curb cut. He commented that with this proposal there would be improvements to both South Boulevard and Squirrel Road, constructed at the expense of the developer, with no cost to Bloomfield Township or to Oakland County. Mr. Payne stated that the proposed renovations would be an improvement to the surrounding area and would attract tenants and clientele that would benefit the Township.

Mr. Mintz called for a motion.

Supervisor Payne recognized Commissioner Robert Wittbold and congratulated him on his many years of service, being appointed to the Commission in 1988. Mr. Wittbold would be retiring from the Commission and residing in Florida part-time. Supervisor Payne thanked Mr. Wittbold, on behalf of Bloomfield Township, for his dedication and positive influence on making the Township a finer place in which to reside.

The next Planning Commission was scheduled for Monday, November 21, 2005.

The Planning Commission Meeting of November 7, 2005 was adjourned at 9:20 P.M. P.M.

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