CHARTER TOWNSHIP OF CANTON PLANNING COMMISSION PROCEEDINGS August 3, Cambridge, Dodson, Engel, Greene, McLaughlin Perkins and Zuber

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1 CHARTER TOWNSHIP OF CANTON PLANNING COMMISSION PROCEEDINGS August 3, 2015 A Regular meeting of the Planning Commission of the Charter Township of Canton was held at 1150 South Canton Center Road on Monday, August 3, 2015 Chairman Greene called the meeting to order at 7:00 P.M. and led the Pledge of Allegiance to the Flag. ROLL CALL: Members Present: STAFF PRESENT: Cambridge, Dodson, Engel, Greene, McLaughlin Wolosiewicz APPROVAL OF THE MINUTES OF JULY 6, 2015 Motion by Dodson, supported by McLaughlin, to accept the Minutes of July 6, 2015, as presented. Ayes all present ACCEPTANCE OF AGENDA: Motion by McLaughlin, supported by Cambridge, to accept the Agenda as presented. Ayes all present PUBLIC HEARINGS RZ-2731 NIEMIEC REZONING Consider rezoning request for parcel no , from RR, Rural Residential to R-1, Single-Family Residential. Property is located south of Gyde Road and east of Ridge Road. Ms. Wolosiewicz stated that the applicant requests rezoning the property from RR, Rural Residential to R-1 Single-family Residential. Ms. Wolosiewicz stated that the proposal is consistent with the Future Land Use Map of the Comprehensive Plan and the general zoning patterns in the area. Ms. Wolosiewicz indicated that it is the intent of the owner to create 1 acre residential lots as feasible based upon the lot configuration and the presence of a large pond. Motion by Dodson, supported by McLaughlin, to open the public hearing. Ayes all present Chairman Greene asked for any comments from the audience. Brian Anderson, Castleside, Canton MI 48187, stated that the lot was beautiful with many animals and birds. Mr. Anderson asked that some type of evaluation is done of the property to ensure that the wildlife will not be affected by a rezoning and changing the look of the property to single family homes. Mr. Anderson stated that he would like the necessary steps taken to ensure the property is evaluated properly. Commissioner McLaughlin explained that there is a tree preservation ordinance that requires cataloging of the trees and that a certain percentage of trees can be cleared for development and replaced.

2 Planning Commission Proceedings 2 August 3, 2015 Commissioner McLaughlin explained that there will be some amount of evaluation in terms of the ponds and wetland area. Commissioner McLaughlin explained that the request to use the area for educational purposes is not germane because it belongs to a private individual who has the right to use their property as set forth within the parameters of the law. Commissioner McLaughlin stated that if they meet the parameters they are entitled to use that property. Commissioner McLaughlin explained that the Planning Commission tries to utilize the tools they have within the law along with the rights the developer has and try to blend them into as much of a win-win situation as possible. Mr. Richard Huth, Gyde Road, Canton MI 48187, inquired if water and sewer would be extended and any impact it may have on the area. Ms. Wolosiewicz explained that the request to rezone is for a minimum of 1 acre lot sizes which is the size that the Health Department will allow to have well and septic. Ms. Wolosiewicz explained that well and septic is allowed on the site if they build a few homes. Ms. Wolosiewicz explained that Gyde Road is a natural beauty road and if water and sewer were extended the property owners would have to pay to have it extended or have a special assessment made to have it brought in with a hook-up fee. Commissioner McLaughlin explained that Wayne County controls the well and septic systems and permit them along with approving the design. Entered into the record a letter in support of the rezoning; Mr. & Mrs. John Thomas: Gyde Road, Canton MI Motion by McLaughlin, supported by Cambridge, to close the public hearing. Ayes all present Chairman Greene stated that the request was in line with the future land use map. The Planning Commission was receptive to the rezoning request. Motion by Cambridge, supported by McLaughlin, to move to recommend approval of the request to amend the zoning ordinance to rezone parcel no from RR, Rural Residential to R-1, Single-Family Residential, as shown on the attached zoning map. Ayes: Cambridge, Dodson, Engel, Greene, McLaughlin PDDA-2396 REGENCY AT CANTON PDD AMEND NO. 2 Consider amending the PDD for parcel nos , , , (partial) and (partial). Property is located north of Geddes between Canton Center and Beck Roads. Ms. Wolosiewicz stated that the applicant is requesting approval of an amendment to the Planned Development Agreement to include additional property in the development. Ms. Wolosiewicz explained that they have purchased approximately 4 acres immediately to the east. Ms. Wolosiewicz indicated that the building and parking layout provided is conceptual for the purposes of the PDD amendment. Ms. Wolosiewicz stated that the addition of this property the building and parking can be expanded and above ground with stormwater detention accommodated.

3 Planning Commission Proceedings 3 August 3, 2015 Ms. Wolosiewicz explained that it is the intent is to move the detention basin and expand the parking. Motion by Dodson, supported by McLaughlin, to open the public hearing. Ayes all present Mr. Brian Jilbert, of NSA Architects on behalf of Cienna Health Care, stated that this facility has experienced much growth and need to expand along with providing additional parking for both staff and visitors. Mr. Jilbert explained that they are proposing a new Porte cochere off the front of the building to help protect visitors from the elements. Mr. Jilbert stated that he was happy to answer any questions. Chairman Greene asked for any comments from the audience. Resident on Gyde Road asked for clarification as to the location of the facility. Motion by McLaughlin, supported by Cambridge, to close the public hearing. Ayes all present on a voice vote. Commissioner McLaughlin stated that she was happy to see the parking deficit has been addressed as it has been an issue. Commissioner McLaughlin stated that the Porte cochere is a great idea as it will provide protection when helping people in and out of the car. Commissioner McLaughlin stated that she was concerned that the Ordinance does not require the proper formula for parking utilization. Ms. Wolosiewicz stated that they will evaluate the Ordinance calculations. Commissioner Cambridge indicated that there are wall mounted pack lights on the building presently and does not remember them being on the original site plan. Ms. Wolosiewicz stated that the lights must be downward directed but will make sure they are in compliance and review the approved site plan. Commissioner Dodson inquired of the detention pond. Mr. Jilbert explained that the existing detention pond will remain at its current location. Mr. Jilbert explained that there will be a pond in the back and there may be a need to have some underground storage added as well but this has to do with the additional parking and expansion. Motion by McLaughlin, supported by Cambridge, to move to recommend approval of the Second Amendment to the Regency at Canton Planned Development District. Ayes: Cambridge, Dodson, Engel, Greene, McLaughlin SLU-2736 ALL AMERICAN PET RESORT Consider site plan approval 003-ADS-2737 and amending the special land use for a kennel for parcel no Property is located east of Haggerty Road and south of Koppernick Road.

4 Planning Commission Proceedings 4 August 3, 2015 Ms. Wolosiewicz explained that All American Pet Resorts was approved as a Special Land Use in June of 2013 as a Commercial Kennel allowing up to 78 animals in the existing 5,730 square foot building. Ms. Wolosiewicz indicated that the owner is requesting a 2,700 square foot building addition that would increase capacity to the maximum 100 animals allowed by Section 6.02K of the zoning code. Ms. Wolosiewicz stated that the outdoor run area would be smaller and shifted to the rear setback line, but still exceed the minimum 3,000 square foot of outdoor area required. Ms. Wolosiewicz stated that the proposed kennel meets all of the design requirements set forth in Section 6.02K of the zoning code. Ms. Wolosiewicz indicated that an explanation of the operation have been provided by the owner and that no additional impacts are anticipated and no additional parking is required. Ms. Wolosiewicz explained that the owner has also requested a building material modification to allow the use of metal siding on the addition to match the existing building. Ms. Wolosiewicz stated that since the dog run fence screens a majority of the addition from public view, very little masonry wall area will be visible. Motion by Dodson, supported by Cambridge, to open the public hearing. Ayes all present Mr. Rick Ruhland, owner of the pet resort stated that the people of the area have welcomed them and was happy to answer any questions. Chairman Greene asked for any comments from the audience. There were no comments from the audience either favor or against the proposed project. Motion by McLaughlin, supported by Engel, to close the public hearing. Ayes all present Commissioner McLaughlin inquired if there was an ability to expand the fence without encroaching into the setback. Mr. Ruhland stated that it would be in the setback area and a variance would be needed. Commissioner McLaughlin stated that in most respects the setback is to protect the adjacent property owner but in this case there is a parking lot. Commissioner McLaughlin stated that she was pleased to see the business is expanding. Motion by Engel, supported by Cambridge, to move to recommend approval of the special land use and site plan for expansion of the commercial kennel to allow up to 100 animals in accordance with Section 6.02K; and further approve the request for a building material modification to allow the use of metal siding on the addition to match the existing, given the fact that the dog run fencing shields a high percentage of the new wall from public view. Ayes: Cambridge, Dodson, Engel, Greene, McLaughlin SLU-2720 GROUP 10 COMMERCIAL CENTER Consider site plan and 036-SPC-2641 special land use approval for a fast food restaurant with drivethrough for parcel nos , , and Property is located north of Ford Road between Canton Center and Beck Roads.

5 Planning Commission Proceedings 5 August 3, 2015 Ms. Wolosiewicz explained that the project sponsor proposes a commercial center consisting of three individual buildings. Ms. Wolosiewicz indicated that the eastern most building is anticipated to be a fast food establishment and that a special land use approval is being requested for that building. Ms. Wolosiewicz explained that a pick-up window is shown at the western end of the westernmost building however a tenant with less than 50% of their volume as drive-up sales is expected in that lease space. Ms. Wolosiewicz stated that special land use approval is required for a fast food establishment to be located in the C-2 Zoning District. Ms. Wolosiewicz stated: The site is served by essential public utilities The proposal is consistent with the Comprehensive Plan. The property is zoned C-2 and designated as Community Shopping on the Future Land Use Map. Fast food establishments are permitted with special land use approval in this zoning district. Granting this request will not result in a residential area being substantially surrounded by non-residential development. While there are residential properties to the north and west the project has been designed in accordance with Ordinance guidelines to minimize impact on existing residences. Access will be provided via a new drive to Ford Road. MDOT will be evaluating Ford Road and determining improvements needed with regard to extension of turn lanes, etc. The proposed commercial center will share a common emergency access to Maben Road with the Rainbow Child Care Center to the east. Access to the Rainbow building will be through this site using the new Ford Road entry. Neither of the proposed developments will direct traffic to Maben Road. Detrimental effects typical of a commercial development would be expected. Per Central Business District Overlay guidelines a 100 foot setback from the residential property to the west and a 50 foot landscape buffer have been maintained. Lighting is in conformance with Ordinance standards. Open space in excess of 25% has been provided. Ms. Wolosiewicz explained that the property is located in the Central Business District Overlay and the Downtown Development District and as such is subject to additional design standards. Ms. Wolosiewicz explained that the applicant is requesting modifications to permit parking within the front yard setback contrary to the CBD Overlay guidelines and to omit sidewalk on both the Ford Road and Maben Road frontages. Ms. Wolosiewicz indicated that due to proximity of the Fellows Creek and required non-disturb buffer the project sponsor proposes a screen of evergreen shrubs rather than a four foot berm or garden wall along Ford Road. Ms. Wolosiewicz explained that the Commission is being asked to accept the planting design as satisfying the intent of the Ordinance for screening and that per recommendation of the Planning Commission during consideration of the Rainbow Child Care project the applicant is installing DDA streetlight fixtures as entry lighting. Ms. Wolosiewicz stated that the site plan conforms to Ordinance requirements with regard to parking, stacking, landscaping, lighting and exterior material requirements with the aforementioned exceptions. Motion by Dodson, supported by Cambridge, to open the public hearing. Ayes all present

6 Planning Commission Proceedings 6 August 3, 2015 Mr. Steve Alexander introduced Mr. Thom Dumond, project representative. Mr. Dumond stated that the review was thorough. Mr. Dumond explained that they have created an entry feature into the development with a decorative bridge and have worked in a number of seating areas to the site. Chairman Greene asked for comments from the audience. Samir Chami, Maben Road, Canton MI 48187, stated that he objects to a fast food restaurant on the site and was concerned with noise, littering and privacy to the area. Mr. Chami stated that studies have shown that property values decrease at least 10% if a fast food restaurant is nearby. Mr. Chami stated that he was concerned with an increase in traffic on Canton Center Road. Mr. Chami explained that if the site were an shopping plaza it would be acceptable but a fast food restaurant will increase traffic. Mr. Chami indicated that maneuvering onto Canton Center Road is very difficult from Maben Road and there have been many accidents. Mr. Chami stated that he was very concerned with odors from the fast food restaurant. Mr. Chami indicated that there was not adequate landscaping to the rear of the site and requested that more evergreens are planted to help with privacy to the area. Mr. Chami stated that he was very concerned that the property will become undesirable as studies indicate. Chairman Greene inquired if Mr. Chami was aware of the commercial zoning to the area when he moved into the area. Ms. Wolosiewicz explained that there were homes which were non-conforming on the site but was zoned commercial. Chairman Greene explained that the commercial zoning has been in place for quite some time. Commissioner McLaughlin explained that the homes were a non-conforming use which meant that as long as it existed they were allowed to be there but once the homes ceased to be used as residential home for 6 months the non-conforming use disappears and reverts back to the commercial zoning. Commissioner McLaughlin stated that the commercial district falls at the western end of where the Kroger store is located. Chairman Greene indicated that projects cannot be evaluated on the basis of property values. Reed Chakrabarth, Maben, Canton MI 48187, stated that he was concerned with the bridge that will go over the culvert and with the Maben Road emergency access. Commissioner McLaughlin stated that the culverts are regulated by MDEQ and Wayne County and must go through intense review. Commissioner McLaughlin explained that the emergency access is a breakaway gate. Commissioner Engel indicated that the commercial center will use the same emergency access as the Rainbow Rascal development. Mr. Chakrabarth stated that he believed that the property was never zoned commercial. Commissioner McLaughlin stated that screening the site properly is the issue. Mr. Chakrabarth inquired of the distance between his property and the parking lot. Ms. Wolosiewicz explained that the requirement is 100 feet from the property line to the building wall. Ms. Wolosiewicz indicated that there is a 50 foot landscape buffer between the property and parking lot with evergreen trees. Mr. Chakrabarth inquired if he would still be allowed to hunt in the area. Commissioner McLaughlin explained that he should contact the police department to verify the areas where hunting is allowed as it changes each year. Tracy Bunyak, Maben, Canton MI 48187, stated that she purchase her property in 1998 and knew the area was proposed for commercial. Ms. Bunyak explained that there are not any fast food restaurants along Ford Road which back up to a residential property and was concerned with an increase in noise, litter, odors and lighting to the area. Ms. Bunyak stated that fast food restaurants are open late and that she would prefer the restaurant is located on the south side of Ford Road.

7 Planning Commission Proceedings 7 August 3, 2015 Mr. Alexander stated that they are very sensitive to the concerns that have been raised and will look into additional screening and vegetation to help mitigate any concerns. Mr. Alexander explained that the emergency access at the rear of the site was a request from the fire department. Mr. Alexander explained that as far as odor concerns, the setback requirements of the building help dissipate the odors from the area. Mr. Alexander explained that they have talked with various business owners and not all of them are fast food restaurants but are requiring the fast food feature in the event an opportunity arises. Mr. Alexander explained that whatever standards are for obnoxious odors they will adhere to them and meet the standards. Mr. Dumond explained that they would have preferred several access sites on Ford Road but one was all MDOT would allow due to the Fellows Creek location. Mr. Dumond stated that they have submitted to all the necessary agencies and have gotten approval to cross the Fellows Creek Drain. Mr. Dumond explained that they want to be good neighbors and located the fast food building as far to the east and as close to Ford Road as feasible. Mr. Dumond explained that the landscape buffering along the rear of the site is what is required by the Ordinance but was receptive to adjusting any landscaping. Motion by Dodson, supported by Cambridge, to close the public hearing. Ayes all present Chairman Greene stated that he agreed with the concerns raised but also had a concern with traffic flow and conflicts with the restaurant and child care center. Chairman Greene stated that he was also concerned with sight, sound and lighting. Chairman Greene indicated that fast food restaurants have speakers which may carry sound to the area. Chairman Greene indicated that there is a need for more shrubbery along the rear of the site. Commissioner McLaughlin stated that she also was concerned with the drive through area and suggested that one of the corridors could be designated as one way for through traffic. Commissioner McLaughlin stated that the area along Maben Road needs to be screened better and suggested adding a double row of staggered mixed evergreens which would provide a permanent coniferous wall. Commissioner McLaughlin explained that the evergreens should be a mix of species for the entire length of the north side of the street. Commissioner McLaughlin suggested limiting the hours of operation due to the residential area near the site and that a closing time of 10:00 pm or 11:00 pm is appropriate. Commissioner McLaughlin stated that there is new technology for drive up speaker systems which is more compatible for a neighborhood and asked the project sponsor to investigate this type of device. Commissioner Engel indicated that the noise ordinance will enforce any sound issues. Ms. Wolosiewicz explained that the noise ordinance is monitored for duration and decibel levels and that the brief period of time for speaking may not come close to the requirement. Daniel Paul Sinn, Maben Road, Canton MI 48187, stated that she has young children and was concerned with noise disturbing them. Chairman Greene stated that hours of dumpster collection needs to be defined. Ms. Wolosiewicz explained that in the past pick up hours have been imposed on establishment within the special land use request. Chairman Greene stated that if it is not feasible to block off sound from the speakers then one must be restrictive when the speakers will be used.

8 Planning Commission Proceedings 8 August 3, 2015 Commissioner Engel explained that it would be difficult to restrict sound if they are not violating the noise ordinance. Commissioner McLaughlin explained that with a special land use request there are criteria involved with one being detrimental effects and how they are mitigated. Commissioner Engel explained that they do not know the level of sound that may reach the residents. Commissioner McLaughlin indicated that there is technology available which can be used to mitigate any issues such as restricting garbage removal and drive through hours of operation. Commissioner Engel stated that he would like to know how much one can project outside of the current property line. Ms. Wolosiewicz indicated that noise could also travel from Ford Road which is louder and has a longer duration than the noise from the drive through speaker box. Commissioner Dodson stated that she is concerned with making conditions on something that one does not know is occurring within the shopping center. Commissioner Dodson suggested tabling the item until the tenant is established. Commissioner McLaughlin explained that one cannot table an item predicated on who the tenant may be. Commissioner McLaughlin explained that a bakery could move in which is less intensive but then 6 years later an establishment could move in which is more intensive. Commissioner McLaughlin explained that any conditions set should be fairly universal regardless of who is using the building. Ms. Wolosiewicz explained that a special land use is perpetual and that one use may be more or less intensive then the previous business. Commissioner Engel stated that one must have faith in the sound ordinance that is in place and have not heard of any issues with speakers in the Township. Mr. Alexander explained that they will use the technology to help mitigate any sound problems. Commissioner McLaughlin stated that there should not be any speaker noise past the property line. Chairman Greene stated that a restriction should be placed on the hours of operation. Ms. Sinn stated that she was concerned with the hours and frequency that trash will be picked up and removed on the development. Commissioner McLaughlin explained that one can control the hours the garbage is picked up but not the frequency. Commissioner McLaughlin explained that if there is a trash issue to contact the Ordinance Department who will cite the business. Commissioner Engel stated that the Zoning Ordinance does not allow garbage removal and exterior property maintenance between the hours of 9:00 pm and 7:00 am unless under special circumstances. Commissioner Engel stated that placing a double row of mixed specie evergreens will help with privacy. Ms. Wolosiewicz explained that a buffer is more important and practical than road frontage landscaping one could approve a modification to do a double row of evergreens which is the same as the west side. Chairman Greene stated that automobile headlights from the drive through area is a concern. Chairman Greene stated that a berm helps conceal vehicle headlights. Ms. Wolosiewicz indicated that the berm undulates between two and four feet in height. Commissioner Cambridge verified that the steepest ratio pitch is used so that trees can survive. Chairman Greene stated that trees and shrubs will grow over time and a berm is more effective. Commissioner McLaughlin stated that a double row of evergreen will knit together for an effective barrier. Commissioner Cambridge stated that there is a decorative fence indicated on the site plan. Mr. Alexander explained that the decorative fence is used as a buffer for the outdoor seating area.

9 Planning Commission Proceedings 9 August 3, 2015 Chairman Greene inquired of cross access with Kennedy Plaza. Ms. Wolosiewicz explained that Ford Road is the only access for Rainbow Rascals and the proposed commercial center. Ms. Wolosiewicz explained that the owner of Kennedy Plaza would not allow cross access into this site. Chairman Greene inquired if there was potential for an additional drive through access for retail building #2. Mr. Alexander stated that this is a possibility but would need to return for special land use approval. Commissioner Cambridge inquired if a Starbucks is considered fast food. Ms. Wolosiewicz explained that Starbucks window is considered a pickup window and did not go through the special land use process. Commissioner Cambridge inquired if a fast food restaurants is one that has an onsite kitchen with exhaust hoods which prepare food onsite. Ms. Wolosiewicz explained that what differentiates a pickup window is that the volume of patrons is less than 50% of the total sales that go out the window. Chairman Greene explained that one must balance what the Planning Commission perceives as a concern for existing commercial with an owners right to change or sell their property. Commissioner Cambridge stated that he does not feel that a fast food restaurant is compatible with the surrounding area. Mr. Alexander inquired that if the special land use is not passed then the Planning Commission recommendations such as additional trees and the speaker situation are null and void. Commissioner Cambridge stated that the question is should they be allowed to have a fast food restaurant or be more restrictive and not allow fast food restaurants. Commissioner Cambridge stated that without the fast food allowance then the site plan would fall under the general C-2 requirements with regard to landscaping and noise ordinance requirements. Commissioner McLaughlin stated that she had no issues with the site plan. Ms. Wolosiewicz explained that the Planning Commission is a recommending body and that the Township Board will have the final decision based on the recommendations set forth by the Planning Commission. Motion by Engel, supported by Cambridge, to move to recommend approval of the special land use request for a fast food restaurant on parcels , , and based upon the findings that: All necessary public utilities are available to the site The proposed use is in conformance with the Zoning Ordinance and Comprehensive Plan Granting this request will not result in a residential area being surrounded by nonresidential development Traffic will be managed by directing all vehicles to a single new Ford Road entrance. Detrimental effects will be mitigated by the site design with landscaping provided and location of the proposed restaurant site farthest from the residentially zoned property. And further conditioned upon revision of the plans to show a double row of evergreen trees along the Maben Road frontage in place of the standard road frontage landscaping and noise from the order board will not be heard off site and restrict the hours of operation for the fast food portion from 6:00 am 10:00 pm. Ayes: Nayes: Cambridge, Dodson, Engel, Greene McLaughlin

10 Planning Commission Proceedings 10 August 3, 2015 AND Motion by Engel, supported by McLaughlin, to recommend approval of the site plan for the Group 10 Commercial Center including modifications to permit parking in the front yard, omit sidewalk on both Maben and Ford Roads and accept the evergreen shrubs proposed on the Ford Road frontage as satisfying the intent of the Ordinance. Ayes: Cambridge, Dodson, Engel, Greene, McLaughlin REPORTS, DISCUSSION AND CORRESPONDENCE 5. REMINDER - Joint Planning Commission/Township/LSAC/CLS Master Plan Study Session - Tuesday, August 18, from 6-8 p.m. Twp. Board Rm. ADJOURN. Motion by Engel, supported by Cambridge, to adjourn the meeting. Ayes all present on a voice vote. Connie Wade Recording Secretary