Planning Commission Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
PLANNING COMMISSION MEETING
Monday, January 21, 2008
Bloomfield Township Hall

PRESENT: Salz, Goldberg, Stefanes, Barnett, Mintz, Reisinger, Stark

ABSENT: None

Staff Present: Patricia McCullough, Planning and Building Director, Kirt Bowden, Police Chief, Leo Chartier, Fire Chief, Christopher Gruba, Assistant Planner, and Robin Carley, Development Coordinator

Mr. Dave Payne, Township Supervisor, was present. Ms. Jan Roncelli, Township Clerk was also present.

Ms. McCullough introduced this item to the Commissioners, noting that the site plan review / rezoning request was previously tabled numerous times by the Commission, pending submittal by the applicant of an approved traffic study. Ms. McCullough noted that Mr. Martin Parker, traffic consultant for the applicant, submitted an addendum to the previously submitted draft traffic impact study on January 11, 2008, for review by the Township and MDOT. The draft study was provided to the Commissioners and submitted to the file. A final addendum to the traffic impact study was submitted by the developer on Friday, January 18, 2008, after the close of business, as well as a report from MDOT was received by the Township after the close of business on Friday, January 18, 2008. The final addendum and the report from MDOT, received at the Township on January 18, 2008, were provided to the Commissioners at tonight’s meeting, and submitted to the file. Ms. McCullough’s staff report, with supporting documentation, was provided to the Commissioners and submitted to the file. The staff report and documentation was also provided to the developer prior to the Planning Commission meeting.

Mr. Salz called for a motion to remove the Bloomfield Park proposal from the table.

Mr. Salz asked for the presentation from the applicant.

Mr. Gary Ceepo, Senior Development Director of DDR, was present with Martin Parker, traffic engineer with Wade Trim, Michael Hughes, architect with Meacham & Apel, Doug Poland, attorney with McShane & Bowie, and Craig Schubiner, co-develop with Harbor Companies.

Mr. Martin Parker reviewed the addendum to the traffic impact study dated 01-10-08, as provided to the Commissioners and submitted to the file. He reviewed the history of the previous traffic study issues and stated that he was brought into this project on October 31, 2007. Mr. Parker noted the exceptional quality of those who he has worked with relative to this project, including Mr. Michael Labadie of Wells & Associates, Ms. Colleen Hill of HRC, and Mr. Paul Ajegba of MDOT. A powerpoint presentation was reviewed by Mr. Parker and submitted to the file. Acceptable levels of service and feasible mitigation standards were reviewed for the Commission. Mr. Parker reviewed the term "level of service" for the Commissioners, noting the range of Level A through Level F, with "A" being the best and "F" the worst. Several intersections within the Township were reviewed, including westbound Square Lake Road at Telegraph Road and northbound Telegraph Road at the Franklin Road / Square Lake Road intersection, noting the existing and proposed levels of service for these intersections.

Mr. Parker noted that several intersections within the Township would have lower levels of service than currently exist. Internal capture concepts were discussed, noting that this would help alleviate the traffic congestion.

Mr. Parker reviewed the summary of the proposed road improvements included with the proposed mitigation plan. Mr. Parker stated that Restaurant Row, within the development itself, would operate below a service level of D. The other streets within the site would operate at a level of D or better.

Mr. Parker reviewed the levels of service for the off-site roads, including northbound and southbound Telegraph Road. Mr. Parker stated that no mitigation was proposed for the Woodward Avenue and Square Lake Road intersection, as previously required by MDOT. Mr. Parker stated that an e-mail was sent from MDOT on January 18, 2008 stating that the previous requirement by MDOT for mitigation at this intersection was a typographical error.

Mr. Parker confirmed that there was a final meeting on January 17, 2008 with MDOT and the traffic consultants of both the City of Pontiac and Bloomfield Township, which resulted in the final addendum that was prepared by Wade Trim and sent to Bloomfield Township on Friday, 01-18-08, after the close of business. The approval from MDOT was then submitted on Friday, 01-18-08, approximately one-half hour after the addendum was submitted.

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

Dr. Goldberg questioned the level of service for the intersection of Square Lake Road and Telegraph Road.

Mr. Parker stated that this intersection would become more congested and that the level of service would decline, operating at a Level F. He stated that the developer could not mitigate this intersection any further. The Commission discussed the excessive amount of traffic turning onto northbound Telegraph Road from westbound Square Lake Road.

Mr. Mintz commented that there were further options for the developer to pursue, including downsizing the proposed development, thus reducing the amount of additional traffic congestion at the Square Lake and Telegraph intersection, thus raising the level of service from a Level F.

Mr. Parker did acknowledge that a reduction in the scope of work would alleviate the proposed traffic congestion and the poor levels of service as proposed.

Mr. Poland noted that the Planning Commission was only dealing with the portion of the project within Bloomfield Township.

The Commission noted that all traffic entering and leaving the development within both the 425 Agreement Area / City of Pontiac and the Township, would adversely affect only the streets and intersections within the Township.

Mr. Barnett commented that access to the development, in both the Township’s portion and the 425 Agreement Area was only from streets within the boundaries of Bloomfield Township. Mr. Barnett questioned if any consideration had been given to providing access onto Franklin Road, thus alleviating the amount of traffic on Telegraph Road. Mr. Barnett also questioned cross-access with the surrounding commercial properties.

Mr. Craig Schubiner stated that they had presented alternate routes to the City of Pontiac and that the City stated they wanted no traffic passing through their residential areas onto Franklin Road. Access onto Friendly Drive was researched and ruled out by the developer. Mr. Schubiner commented that access through the Midwestern Baptist College onto Golf Drive was for emergency access only, with no public traffic allowed. Mr. Schubiner noted that the traffic study represented a total build-out of the project.

Mr. Barnett commented that the final report was provided to the Township on Friday, 01-18-08, at approximately 5:30 P.M. and was provided to the Commissioners at their places at this meeting. He stated that the Commissioners should be allowed time to review the final study.

Mr. Barnett also noted the severe impacts that the reduced levels of service would have on public safety and the Township’s ability to provide emergency service to its residents and businesses affected by the traffic congestion. Mr. Barnett noted the Township’s responsibility to protect the safety of its residents and business owners.

Mr. Salz questioned who was responsible for the cost of the proposed improvements.

Mr. Schubiner stated that the developer was responsible for all mitigation costs, as noted in the approval granted by MDOT, and that they were prepared to cover all the mitigation costs.

Mr. Salz also noted that the Commission had not been provided ample time to review the documents submitted late Friday, 01-18-08. He noted that the Commission had been provided the draft traffic study and needed time to compare the draft documents with the documents submitted at tonight’s meeting.

Ms. Reisinger stated that the residents of Bloomfield Township would incur the brunt of the traffic problems, and that the City of Pontiac residents would not have to deal with any traffic passing through their streets. She noted that the majority of the proposed Bloomfield Park project was within the City of Pontiac, with all the traffic issues severely impacting only the residents of Bloomfield Township. Ms. Reisinger noted that during the Planning Commission’s updating of the Township’s Master Plan, public hearings were held and numerous complaints were received from Township residents regarding the traffic congestion and safety issues currently along Square Lake Road. She noted that this project would further impact an existing problem and further impact Township residents, with no impact to the City of Pontiac residents.

Dr. Goldberg stated that to further reduce the level of service of the Telegraph Road and Square Lake Road intersection was unacceptable and that other alternatives must be explored.

Mr. Stark asked who set the assumption parameters for this development.

Mr. Parker stated that he believed the parameters were agreed upon by the developer, MDOT, and representatives of Bloomfield Township and the City of Pontiac, including their respective traffic consultants.

Mr. Salz asked for the presentation from Mr. Michael Labadie, the Township’s traffic consultant.

Mr. Labadie commented that his letter dated 01-18-08, as provided to the Commissioners and submitted to the file, was based on the draft traffic study dated 01-10-08, and received on 01-11-08. Mr. Labadie stated that he not yet reviewed the final study submitted by the applicant late Friday, 01-18-08, after the close of business. He also noted the e-mail sent by MDOT on Friday, 01-18-08, stating that the requirement for mitigation of the Woodward and Square Lake intersection was a typographical error.

He noted that there were still some inconsistencies between the MDOT review letter and the final addendum submitted by Wade Trim.

Mr. Labadie presented a powerpoint presentation to the Commission, as submitted to the file. Mr. Labadie reviewed the concept of internal capture. He stated that cross access with the surrounding commercial areas would reduce the number of new trips on external roads, thus reducing the congestion on the Township’s roadways and intersections. He also noted that another mitigation measure was to reduce the size of the development. These mitigation opportunities should have been completely explored along with the mitigation proposed for the

Mr. Labadie stated that building the development as proposed, with the severe burden imposed on the roadway system and infrastructure was not accepted practice and reducing the levels of service as proposed at several intersections should not be accepted. Mr. Labadie stated that in all his years as a traffic engineer, he had never seen approval granted for a mitigation plan as proposed.

Mr. Labadie reviewed the history of the proposal, starting in the year 2002. He commented that in October of 2007 he was finally provided with accurate information and a traffic model that would work. At that point the traffic consultants started working on a mitigation plan. Mr. Labadie noted that they have worked many long hours trying to create an acceptable mitigation within the road right-of-ways, but to no avail. He commented that the developer must seek further options to make his site work, including internal capture and additional access points.

Reasons were presented by Wells and Associates, included in the powerpoint presentation, as to why they believed the MDOT approval granted on 01-18-08 was premature.

Several reasons were also presented as to why Wells and Associates was recommending delay in granting approval of the site plan / rezoning request. Mr. Labadie noted that the levels of service for several intersections, already operating at a Level F, was being further reduced by an additional hundreds of seconds. He commented again that the developer must consider other alternatives, including possibly reducing the size of the development and looking for additional access points.

Mr. Labadie noted that the Police and Fire Departments of Bloomfield Township stated that public safety would be severely impacted. They noted that accepted practices must be applied to this development and its traffic study and mitigation plan.

The computer models were presented to the Commission and submitted to the file. The first shown was the Telegraph Road / Square Lake Road / Franklin Road intersection. The model showed the back-up of traffic traveling westbound on Square Lake Road extended from Telegraph Road, east past Lahser Road, and even to the east of Woodward Avenue, towards I-75. thus creating a 25 minute delay. He commented that emergency vehicles entering and exiting from the Fire Station on Franklin Road would be severely impacted. Mr. Labadie also reviewed the proposed fourth lane on southbound Telegraph Road, south of Square Lake Road, noting that creating of a fourth lane would not allow for a proper shoulder for a 50-mph roadway, as required by MDOT.

An aerial was presented showing that access from Friendly Drive was feasible and could possibly alleviate the traffic congestions on Square Lake Road and Telegraph Road. He noted that the adjacent subdivision within the City of Pontiac had a rear yard orientation to Friendly Drive, and that the south side of Friendly was already commercial property within Bloomfield Township.

Mr. Labadie reviewed an aerial of the project site and the surrounding commercial developments and stated that additional access points and cross access with the adjacent commercial properties could reduce the amount of traffic congestion on Telegraph Road and the surrounding streets by up to 20%.

The Commission discussed the "conceptual" approval offered by MDOT for the proposed signaling.

Mr. Payne noted that Bloomfield Township’s Police Chief and Fire Chief were present in the audience and were available for any questions from the Commissioners.

Mr. Mintz complimented both the Police Chief and the Fire Chief on the thoroughness of the reports, as provided to the Commissioners and submitted to the file.

Mr. Barnett questioned Chief Chartier on the impact the traffic congestion would have on fire emergency service.

Chief Chartier noted the location of a Township Fire Station on Franklin Road, just north of Square Lake Road and the difficulty the trucks would have accessing Square Lake Road and Telegraph Road during the event of an emergency. He noted the severely reduced response times for both the Township residents and businesses that would result from the traffic congestion associated with the proposed mitigation plan.

Mr. Barnett questioned Chief Bowden on the impact the traffic congestion would have on police response time.

Chief Bowden commented that if a patrol car had to access westbound Square Lake Road to respond to an emergency during peak travel times with the proposed traffic congestion, the patrol car may have to travel over medians, through residential areas at elevated speeds, and possibly in the wrong direction into oncoming traffic lanes. Chief Bowden stated that response times would be reduced and public safety would be severely impacted with the mitigation plan as proposed.

Chief Bowden and Chief Chartier both commented on the pride of their respective Departments in their current low levels of response time. Both Chiefs also commented on evacuation problems that would be presented in case of an accident within the development, due to limited ingress and egress to the site.

The Commission noted that the City of Pontiac was responsible for police and fire service within the 425 Agreement Area of the proposed development, however, all roads leading to the development, including Telegraph Road and Square Lake Road, were the responsibility of Bloomfield Township’s Police and Fire Departments.

Mr. Labadie stated that there was still a significant amount of work that would be required if additional access points were obtained and / or if cross access could be obtained with the adjacent commercial property owners. He strongly recommended that the developer pursue these avenues and then ask their traffic consultant to continue his work relative to an amended traffic study and mitigation plan.

Mr. Payne noted that the Commission had a duty and responsibility to its own residents to alleviate the amount of traffic congestion on roadways within the Township. He noted the adverse impact the increased traffic would have on providing emergency services to the residents and businesses of Bloomfield Township, with the mitigation measures as currently proposed. Mr. Payne stated that the Township would be happy to work with the developer and would facilitate meetings with the surrounding commercial property owners to explore cross access agreements as suggested by the traffic consultants.

Mr. Doug Poland, reviewed the long history associated with the proposed project, relative to the traffic study. He complimented Mr. Martin Parker on his extensive work trying to resolve the traffic issues. Mr. Poland questioned the Township’s legal rights to require a traffic study for the portion of the project within Bloomfield Township, currently before the Planning Commission. He recommended the Township consult with legal counsel regarding the legality of the requirement of a traffic study. Mr. Poland also noted that the Township should be allowed time to review all the submittals to the Planning Commission, including the revised traffic study and MDOT’s conceptual approval submitted through e-mail’s received at the Township after business hours on Friday, 01-18-08, as provided to the Commissioners at tonight’s meeting and submitted to the file. He questioned if a different developer were to propose this project, would the Township require a traffic study. Mr. Poland commented on the possible leverage held by the adjacent property owners with the knowledge that the developer must seek a cross access agreement, although he did note that several communities have imposed on developers the need for a cross access agreement. Mr. Poland noted the complicated issues presented with this proposal, with this portion of the project within Bloomfield Township being developed in conjunction with the remainder of the development located within the City of Pontiac. Mr. Poland stressed the need for objectivity in considering this complicated proposal. Mr. Poland confirmed with his client that they would be happy to allow the Commission time to review the documents provided at tonight’s meeting.

There were no additional public comments.

Mr. Salz closed the public comment portion of the meeting and called for a motion.

Mr. Mintz stated that the Commission would like to see the project built, but built correctly. He stated the Commission was conducting an objective evaluation of all possible alternatives, and noted that the developer must also remain objective.

Mr. Stark commented on the need to obtain MDOT’s conceptual approval for all items within the proposed mitigation plan, prior to further review by the Planning Commission. The Commission discussed this issue.

Mr. Barnett noted that his motion did include further mitigation plans to be worked on by both traffic consultants, resulting in a different plan that would work properly and could be reviewed and approved by MDOT.

Ms. Reisinger, as the representative from the Zoning Board of Appeals, stated that the setback variance for Township’s Central Fire Station was approved on January 8, 2008.

The next Planning Commission Meeting was scheduled for Monday, February 4, 2008.

The Planning Commission Meeting of Monday, January 21, 2008 was adjourned at 9:50 P.M.

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