ANN ARBOR CHARTER TOWNSHIP
BOARD OF TRUSTEES MEETING
MONDAY JANUARY 15, 2001


Clerk Braun called the regular monthly meeting of the Board of Trustees to order at 7:30 p.m. In the absence of Supervisor Langford, she asked the board to appoint one member president pro tem for the meeting. Dipietro moved to appoint Trustee Moran. Allison supported and the motion carried.

Present: Clerk Catherine Braun, Treasurer Virginia Forshee, Trustees John Allison, Della Dipietro, Richard Dieterle, Mike Moran. Also Attorney Sandra Sorini, Engineer Roger Gaugler and Controller Lois Love.

Absent: Supervisor Elizabeth Langford.

During Citizen Participation several people spoke for and against the proposed "Go Like the Wind School" which is requesting Conditional Use Permit to be located at 724 Dixboro Road. Public comment closed at 8:05 p.m.

Dipietro moved approval of the December 18, 2000 minutes with corrections page 1, par 8, Farming and Farmland Preservation Committee, Mr. Murawski first name should be Marc and page 2, par 9 Board of Review member should be Steven Laffey. Allison supported and motion carried.

Doug Collier, Co-owner, Go Like the Wind Montessori School presented an overview of the school history and activities. Mary Borkowski, Vice President of Atwell Hicks reviewed the Preliminary Site Plan. Bob Overheizer, Architects Design Group described the proposed design of the building. Dale Brewer, Consultant on the project reviewed the binder presented to all Board Members and Planning Commission Members. He asked that this document be made part of the record. He stated that it substantiates that they do meet all the Ordinance requirements of Ann Arbor Township and that they also have demonstrated that they met the requirements of the Conditional Use. Richard Maddin, attorney licensed in State of Michigan and part of the team that has been assembled to process the application of the Montessori School, requested reference be made in the record of three letters (Attached to minutes as Exhibit A - B - C). Also Mr. Maddin read an internet message to Harriet Rash from Dale and Betty Nobis into the record (Exhibit D). He also wanted to state his view of the status of the property and its zoning. He asserted that under the zoning the use of this property for a school is one recognized as a potential use it is not a rezoning. He referenced Ann Arbor Township Zoning Ordinance Article XXI - Conditional Uses - 130.2101 General Provisions and 130.2108 - Section 21.08 - Required standards and findings.

Moran reviewed what happened at the Planning Commission. It was before the Planning Commission for some considerable time. He thinks every Planning Commission Member went and viewed the property. They had numerous meeting and public hearings on the matter. Among the things that guided the Planning Commission decision were the following: (1) Site too small for the intensity of the use being proposed for it (2) Driveway along the property line would be disturbing to neighbors with 200 cars driving back and forth a couple of times a day. (3) Clear evidence by neighbors speaking it would be disturbing to them.

Allison clarified that the map and related discussion under tab 3 & 4 of the Go Like The Wind binder showing densities of adjacent properties in error and that the Radrick Meadows PUD was approximately 1 DU/acre as listed. Allison noted and expressed concern that, under tab 7, the traffic study showed that westbound traffic from the site had a 282 sec/vehicle delay and a level of service "F" which is the worst ranking possible. Allison stated his concerns as not meeting the state standards for size of school parcel. He noted that under the zoning ordinance a school is not a permitted use by right, and a conditional use permit application must meet ordinance standards. Township residents including the property owner, and also the surrounding property owners rely on the master plan and zoning when they purchase property and build homes and move into the area. This is part of what the master plan and zoning process is all about and what the State asks us to do as a township government. Issues that concern him are: that the use is consistent with the intent of our zoning ordinance. The intent of our zoning ordinance is to divide unincorporated areas into appropriate zoning districts to limit overcrowding in use of land, limit congestion of population and transportation systems, limit overuse of public facilities and to promote health, safety and general welfare of resident's. The issues Allison would see that this proposed use would have on this site, in terms of Standards and Findings are: (A.) Will be harmonious, and in accordance with the objectives, intent, and purposes of this Ordinance. He believes there are reasons that the use would not comply with this standard. (B) Will be compatible with the natural environment and existing and future land uses in the vicinity. He believes we have heard substantial discussion and information and his own assessment is that it is not compatible. (C) Will be compatible with the General Development Plan. If you look at the Master Plan under objectives which are the highest level of issue or statement of the master plan - preserve the township's rural character. The rural character that is unique to Ann Arbor Township should be preserved. Another objective of the master plan is to protect existing residents from new development. This means existing residents should be protected from potential adverse impacts of new development. From this viewpoint it does not meet our master plan criteria. Another reference in the master plan states "The south area (reference Dixboro Road) is mostly undeveloped and is designated for low-density urban residential use at a density of 1 to 2 DUs/acre. This reinforces the notion for low-density setting. The petition thus is not compatible with the General Development Plan. (E)
Will not be detrimental, hazardous, or disturbing to existing or future neighboring uses. Here there are issues affecting the surrounding neighbors, and in terms of public welfare there are potential safety issues from the traffic with ingress and egress issues.

Dipietro commented on traffic flow. Traffic in and out of a site, particularly when relying on one driveway and a busy street, is always a difficult situation. As she reviewed the material, a lot of those questions remain unresolved and she does not see an easy way to resolve them. Both the existence that close to a very busy street and driveway to the existing neighborhood, and also just purely the amount of traffic that has to go on and off the site in a fairly short amount of time onto a busy street present challenges, and she does not see those challenges resolved in the plan before us.

Allison moved to table the Conditional Use Permit and Wetland Use Permit to allow the township attorney to draft a resolution to be considered by the board, to deny the conditional use that would be based on the required standards and findings that were discussed this evening. Dipietro supported. A hand vote showed Allison, Dieterle, Dipietro, Moran in favor and Forshee and Braun opposed. Motion carried 4 -2 with Langford absent.

Attorney Maddin voiced his objection to the tabling. Attorney Sorini stated that the ordinance allows 60 days for the board's decision and that the basis for the decision is to be in a written statement.

Moran summarized the last Planning Commission Meeting regarding the HCR Parking Expansion Project (Amendment to PUD Area Plan).

Peter Deloof Attorney for HCR, Max Ferentinos HCR Manor Care staff representative and Steve Kendzicky MCI were in attendance to review the project to date and site plan.
Roger Gaugler reviewed his memorandum of January 15, 2001. Dipietro moved to remand it back to the Planning Commission for resolution of a variety of issues noted in Roger Gaugler's memo as well as the proposed road re-alignment and right-of-way and careful consideration of how the berm would be affected by grading requirements in the road. The Planning Commission was requested to expeditiously review the plan. Allison supported and motion carried.

Elizabeth Worzalla, Middle Huron Initiative Coordinator for Huron River Watershed Council was in attendance. Allison moved approval of professional Service Contract with Ann Arbor Township and the Huron River Watershed Council for October 1, 2000 through March 31, 2003 subject to attorney review. The payment for this period to be $4058.00 which board members would prefer on an annual basis instead of one lump sum payment. Dieterle supported and motion carried.

Joe Denczek General Manager Mister Rubbish and Steve Dawdy Municipal Marketing Manager returned from December meeting discussion for more study and possible options. Allison moved to amend budget to apply up to $2000.00 to subsidize $1.00 per month for recycling for those who subscribe for a time period up to June 30, 2001 and perhaps extending beyond that and also to appoint a subcommittee of Della Dipietro and Catherine Braun to work the details of communicating this with residents and Waste Management. Moran supported and motion carried.

Allison moved to appoint Larry Burgess 4954 Hickory Hill, Jane Duey 3075 Pontiac Trail, Rena Basch 4260 Shetland, Peter Davis 2375 Newport, Claudia Sedmak 4650 Erin Ct., Robert Zerbe 1303 Towsley Lane and Catherine Braun to Police Protection Task Force. Board would like a report at least by the April 2001 meeting. Dieterle supported and motion carried.

Controller Love presented a Revised Fee Schedule. Board members would like Attorney Sorini and Controller Love to work out fee schedule.

Dipietro moved approval of the January 3, 2001 claims listing in amount of $75,637.966 and January 10, 2001 for $35,987.86. Forshee supported and motion carried.

There was no Fire & Safety report.

Non-Agenda Items: Dipietro would like newsletter information by February 5, 200l.

The meeting adjourned at 12:05 a.m.


Catherine A. Braun

 

 

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