CLINTON TOWNSHIP PLANNING COMMISSION
REPORT OF MEETING
NOVEMBER 8, 2001
MINUTES

PRESENT:   Donald Roach, Chairperson
                    Michael Nickerson, Vice-Chairperson
                    Denise C. Trombley, Secretary
                    Ralph Consiglio
                    Vincent J. Gerlando
                    Thomas Landa
                    Maurice Morrissette
                    Dennis C. Tomlinson

ABSENT:    Valerie O’Neal (Excused)

STAFF:        Stephen N. Cassin, Director
                    DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT

Mr. Roach called the meeting to order at 6:30 p.m.

Motion by Mr. Nickerson, supported by Mr. Landa, to move Item #4 on the agenda to Item #2. Roll Call Vote: Aye – Nickerson, Landa, Consiglio, Gerlando, Morrissette, Roach, Tomlinson, Trombley. Nay – None. Absent – O’Neal. Motion carried.

Motion by Mr. Landa, supported by Mr. Gerlando, to approve the agenda as amended. Motion carried.

Pertinent correspondence was read and entered into the record.

Patrick Hannan, Mount Elliott Cemetery Associates, 18201 Clinton River Road, Clinton Township, Michigan 48038, representative, stated they are planning to build a second mausoleum. It will be built off of the Romeo Plank Road access. He added it will be two stories with 5,000 indoor crypts. He added that this request meets all of the Township ordinances. Mr. Hannan stated the construction will take 27 months. He added that there will be a temporary entrance during construction.

Motion by Mr. Landa, supported by Mr. Nickerson, with reference to File #1026 and application from Robert Schrage, Mount Elliott Cemetery Associates, 18201 Clinton River Road, Clinton Township, Michigan 48038, as represented by Patrick Hannan, same address, concerning request for approval of Revised Site Development Plan for Resurrection Cemetery, located on 264 acres of land north of Clinton River Road and west of Romeo Plank Road, that approval of the Revised Site Development Plan be granted. Roll Call Vote: Aye – Landa, Nickerson, Consiglio, Gerlando, Morrissette, Roach, Tomlinson, Trombley. Nay – None. Absent – O’Neal. Motion carried.

Pertinent correspondence was read and entered into the record. Ms. Trombley noted that 153 notices were mailed to owners and occupants within 300 feet of the subject property and 2 were returned.

Mr. Nickerson requested that he abstain from the public hearing and voting on this item as he has had legal dealings with the petitioner.

Jerry Seay, 16931 Nineteen Mile Road, Clinton Township, Michigan 48038, representative, stated the parcel is between two commercial pieces. He added it is not suitable for single-family zoning. As Garfield has developed, he felt there is no additional commercial development necessary. He stated that the petitioner will work with the neighbors from Shultz Estates. He added that the petitioner is prepared to make concessions regarding the number of stories for the buildings.

Mr. Tomlinson inquired as to the number of stories the developer is planning.

Mr. Seay stated the petitioner is planning to build three-story buildings.

Mr. Gerlando inquired as to the number of units the petitioner is planning.

Mr. Seay indicated the petitioner is planning the number of units allowed for three-story buildings.

Mr. Morrissette inquired as to whether this property had been previously rezoned.

Mr. Cassin stated that there was a proposed rezoning and the petitioner requested the item be withdrawn.

Mr. Landa inquired as to the number of levels of condominiums.

Mr. Seay stated they will be like Shultz Estates.

Mr. Consiglio inquired as to the unit size for the condominiums.

Robert Asmar, Asmar Development, Inc., 32680 Northwestern Highway, Farmington Hills, Michigan 48334, stated the condominiums will be approximately 1,200 square feet with a brick veneer.

Ms. Trombley inquired as to the number of units allowed under the ordinance.

Mr. Cassin stated that if the petitioner does not seek any variances, the ordinance allows for 11 units per acre.

Mr. Morrissette inquired as to whether the condominiums will be sold or rented.

Mr. Asmar stated the condominiums will be sold. The approximate price range will be $129,000 to $150,000.

Lucille Harris, 42043 Toddmark Lane, Clinton Township, Michigan 48038, inquired as to whether the petitioner could change the number of stories.

Mr. Seay stated the petitioner will covenant to three stories.

Robert Doan, 16892 Edloytom, Clinton Township, Michigan 48038, stated he is opposed to 3 stories. He added he is not opposed to a 2-story development. He inquired as to whether there will be a fence on the north side of the property.

Mr. Roach stated this meeting is for rezoning only and not site plan issues.

Mr. Cassin stated that the development will have a 35-foot setback from the lot line.

Diane Spodeck, 42047 Toddmark Lane, Clinton Township, Michigan 48038, stated that Shultz Estates looks nice and inquired as to how the new development will look.

Mr. Roach stated that this meeting is for rezoning only and not site plan issues.

Hikla Fritz, 42231 Toddmark Lane, Clinton Township, Michigan 48038, inquired as to whether one of the levels will be in the basement. She added that Garfield is developed enough and this property should be developed with an office building.

Virginia Sanders, 42331 Toddmark Lane, Clinton Township, Michigan 48038, stated she is opposed to the rezoning. She added that the traffic is congested enough now. She stated she would like to look at the site plan if the property is rezoned.

Mr. Seay stated he appreciates the residents concerns and the petitioner has talked to the residents in Shultz Estates and is willing to work with them. He added that the petitioner will pay to notify the surrounding residents when the site plan is submitted.

Mr. Tomlinson stated his opinion that the proposed development is better than business.

Ms. Trombley inquired as to whether one of the three stories will be a basement-level condominium.

Mr. Asmar stated the building will have three stories above ground, with a basement.

Mr. Gerlando inquired as to the difference for the number of units allowed for low- and high-density.

Mr. Cassin stated that a sliding scale is used and 2-3 story buildings, with 11 units per acre, will be allowed for high-density zoning. He added that 6-7 units per acre are allowed for low-density zoning.

Motion by Mr. Nickerson, supported by Mr. Gerlando, to allow Mr. Nickerson to abstain from voting on this matter. Motion carried.

Motion by Mr. Morrissette, supported by Mr. Consiglio, with reference to File #4476 and application from Robert Asmar, Asmar Development, Inc., 32680 Northwestern Highway, Farmington Hills, Michigan 48334, as represented by Jerry Seay, 16931 Nineteen Mile Road, Clinton Township, Michigan 48038, concerning request for approval of rezoning from R-1 One-Family Residential to RMH Multiple-Family Residential (High-Density) for 3.0 acres of land fronting the east line of Garfield Road, north of Canal Road (Section 8), that recommendation for approval of the rezoning be submitted to the Township Board. Roll Call Vote: Aye – Morrissette, Consiglio, Gerlando, Landa, Roach, Tomlinson, Trombley. Nay – None. Absent – O’Neal. Abstain – Nickerson. Motion carried.

Pertinent correspondence was read and entered into the record. Ms. Trombley noted that 153 notices were mailed to owners and occupants within 300 feet of the subject property and two were returned. Ms. Trombley read a letter into the record from Jeffrey White, 20717 Park Place Lane, Clinton Township, Michigan 48038, stating opposition to the rezoning based on safety issues. He stated in 1994, the approved site plan was to include 26 acres. He noted that this is for only part of the land and inquired as to whether the petitioner is planning on building in phases. He stated that a greenbelt was required in the previous site plan and would like one for this development. He added that the proposed development should not have access to Ridgewood Estates Roads. He stated that Ridgewood Estates has common areas and restriction and this condominium development should have them, too.

Mr. Cassin stated that the petitioner is only rezoning part of the 26 acres. He added that the minimum lot size for R-5 is 7,800 square feet. Ridgewood Estates was developed under a zoning for cluster houses, which allowed for an average of lot sizes. He stated that the minimum home size for R-3 is 1,100 square feet and for R-5 it is 1,300 square feet. He stated that the Planning Commission cannot restrict access to public roads. He stated that the site plan that was approved in 1994 allowed 90 units.

John Hennessey, Hennessey Engineers, Inc., 2674 West Jefferson, Trenton, Michigan 48183, representative, stated the petitioner is not split zoning. He stated they are only rezoning part of the 26 acres. He added the petitioner is planning to develop 76 homes with the lot sizes matching the abutting neighbors. He added the smallest lot is 8,000 square feet. He stated the petitioner will develop single-family detached condominiums that will be 1,500 to 2,200 square feet.

Mr. Tomlinson stated that the site plan shows the streets from the proposed development coming from the adjoining condominiums.

Mr. Hennessey stated this was done to allow for emergency vehicles. He stated the petitioner is not opposed to the streets not linking.

Mr. Semaan stated that if the Road Commission of Macomb County does not have any objections to the streets not linking, he will not link the streets to Ridgewood Estates.

Mr. Nickerson inquired as to the number of units on the north side.

Mr. Hennessey stated there will be 32 units on the north and 10 units on the south.

Mr. Cassin stated that the developer of Ridgewood Estates allowed for the proposed development to access Ridgewood Estates Roads. He added the Planning Commission does not have to allow access.

Mr. Morrissette inquired as to whether the petitioner will only have an access from Groesbeck if access to Ridgewood Estates roads is not granted.

Mr. Landa inquired as to the price range of the condominiums.

Mr. Semaan stated they will range from 1,500 to 2,200 square feet and will cost approximately $200,000 each.

Mr. Hennessey stated the petitioner plans to build the condominiums shown on the site plan.

Stuart Taylor, 21310 Park Place, Clinton Township, Michigan 48036, inquired as to whether there will be an easement on the north side of the property.

Mr. Roach stated there is a required 35-foot setback.

Dave Trombley, a resident on Little Mack, Clinton Township, Michigan 48036, stated he moved in August and thought the area was a flood plain.

Mr. Cassin stated some of the property in the area is flood plain, but not much.

Kenneth Green, 21040 Park Place Lane, Clinton Township, Michigan 48036, inquired as to what a greenbelt is and how close the condominium could be built.

Mr. Cassin stated a greenbelt would be landscaping. He added that there is a minimum setback of 35 feet required.

Jim Sobol, 20737 Park Place Lane, Clinton Township, Michigan 48036, stated he is opposed to any development on this property. He stated that tax dollars should be used to infrastructure.

Lori Hoggatt, 20720 Park Place Lane, Clinton Township, Michigan 48036, inquired as to whether a wetland study was done.

Mr. Cassin stated that a wetlands and flood plain study is required by the State. He added that the engineer will have to certify.

Charlotte White, 20717 Park Place Lane, Clinton Township, Michigan 48036, stated that Ridgewood Estates has private roads and this will increase the traffic.

Peter Batts, 21191 Ridgewood Drive, Clinton Township, Michigan 48036, stated that the lots that abut Ridgewood Estates are smaller. He added that the petitioner should move the streets to increase the lot size.

Mark Dixon, 21081 North Miles, Clinton Township, Michigan 48036, stated there is a flooding problem now, and he felt this development will increase the problem.

Tom Serra, 20733 North Miles, Clinton Township, Michigan 48036, stated he is opposed to the rezoning.

Gary Novak, 21110 Park Place Lane, Clinton Township, Michigan 48036, stated the lots should be offset from the abutting lot.

Jerry Lovell, 20800 Park Place Lane, Clinton Township, Michigan 48036, stated that it is not a right to rezone property for the most profitable use. He stated the rezoning is not in compliance with the Master Plan.

Mike Jolly, 20197 Park Place Lane, Clinton Township, Michigan 48036, stated that just because the petitioner states he plans to develop the shown site plan does not mean he has to.

David Portuesi, 20647 Park Place Lane, Clinton Township, Michigan 48036, stated his opinion that the petitioner should commit to a covenant that the new development will not access Ridgewood Estates roads. He added that Ridgewood Estates could put in break-away barriers so that the new development could not access the private road. In addition, his opinion is that a greenbelt should be required on the north side.

E. Johnson, 21707 North Miles, Clinton Township, Michigan 48036, stated that she is opposed to the rezoning.

Jeff White, 20717 Park Place Lane, Clinton Township, Michigan 48036, stated that 56 of the proposed units are on the Ridgewood Estates side. He stated his opinion that the utility easement should be in the front.

Charles Bral, 20820 Park Place Lane, Clinton Township, Michigan 48036, stated his opinion that the proposed site plan shows "row housing". He is opposed to the rezoning.

Bill Sparrows, 20740 Park Place Lane, Clinton Township, Michigan 48036, stated he is opposed to the rezoning and does not understand why the Planning Department recommended approval.

Dominic Flash, 21012 North Miles, Clinton Township, Michigan 48036, stated he is opposed to the rezoning as in his opinion this will increase the traffic and flooding problems.

Barb Flash, 21012 North Miles, Clinton Township, Michigan 48036, inquired as to why the petitioner is not rezoning the south property.

Mr. Cassin stated that the petitioner is requesting to leave the south property at the lower density.

Ms. Flash stated her opinion that the petitioner could receive more money for larger lot sizes.

Jo Rosby, 20901 Ridgewood, Clinton Township, Michigan 48036, stated she is opposed to the rezoning.

Al Dolecki, 20921 North Miles, Clinton Township, Michigan 48036, stated he is opposed to the rezoning.

Reese Blair, 20901 North Miles, Clinton Township, Michigan 48036, stated he is opposed to the rezoning.

Patricia Wyson, 21001 North Miles, Clinton Township, Michigan 48036, stated there is no reason to rezone the property.

Phil Rizzo, 20660 Park Place Lane, Clinton Township, Michigan 48036, stated he is opposed to the rezoning.

Marjorie Ciszewski, 20680 Park Place Lane, Clinton Township, Michigan 48036, stated Ridgewood Estates ahs all types of brick buildings. She added that she is opposed to the rezoning.

Joe Hasselwander, 38869 Creekridge Circle, Clinton Township, Michigan 48036, stated he is opposed to the rezoning and opposed to the new development having access to Ridgewood Estates roads.

Patricia Bologna, 20920 Park Place Lane, Clinton Township, Michigan 48036, stated there is drainage problems and this will add to them. She is opposed to the rezoning because there will be increased traffic. In addition, she does not want the development to have access to Ridgewood Estates roads.

Patricia Newman, 21210 Park Place Lane, Clinton Township, Michigan 48036, stated she is opposed to the rezoning.

Sharon Quest, 20900 Park Place Lane, Clinton Township, Michigan 48036, stated she is opposed to the rezoning.

Charlotte Zroud, 20700 Park Place Lane, Clinton Township, Michigan 48036, stated she is opposed to the rezoning.

Peter Bologna, 20920 Park Place Lane, Clinton Township, Michigan 48036, stated the petitioner should meet with the surrounding neighbors regarding the site plan. He added that he is opposed to the rezoning.

Bill Stroud, 20700 Park Place Lane, Clinton Township, Michigan 48036, stated he is opposed to the rezoning.

Lynn Davidson, 20800 Park Place Lane, Clinton Township, Michigan 48036, stated she is opposed to the rezoning.

Tim Vance, 20981 North Miles, Clinton Township, Michigan 48036, stated he is opposed to the rezoning and has a petition signed by 140 residents who are also opposed to the rezoning.

Mr. Cassin stated that the density is based on 9,600. He added that the required setbacks are larger than when the original site plan was approved in 1994.

Mark Johnson, 21076 North Miles, Clinton Township, Michigan 48036, stated he is opposed to the rezoning.

Mr. Roach stated that the stub roads issue is a legal issue. The greenbelt is not required, but the petitioner could choose to put in a greenbelt. He added that the developer could request input from the surrounding neighbors, but does not have to.

Mr. Cassin stated that the Michigan Zoning Statutes states that the Township cannot require a site plan prior to rezoning. If a petitioner submits a Special Land Use request, the Township has more authority to regulate the site.

Mr. Morrissette inquired as to whether the Planning Commission could request a legal opinion regarding the access to Ridgewood Estates roads.

Mr. Cassin stated that the Planning Commission does not have to allow the new development to access Ridgewood Estates roads.

Motion by Mr. Tomlinson, supported by Mr. Gerlando, with reference to File #5580 and application from Robert Semaan, 508 West Brown, Birmingham, Michigan 48009, as represented by John Hennessey, Hennessey Engineers, Inc., 2674 West Jefferson, Trenton, Michigan 48183, concerning request for approval of rezoning from R-3 One-Family Residential to R-5 One-Family Residential for 14.6 acres of land fronting the west line of Little Mack Avenue and east of the Harrington Drain, south of Harrington Road (Section 21), that recommendation for denial of the rezoning be submitted to the Township Board. Roll Call Vote: Aye – Tomlinson, Gerlando, Consiglio, Landa, Morrissette, Nickerson, Roach, Trombley. Nay – None. Absent – O’Neal. Motion carried.

Mr. Cassin stated that there are no rezoning requests on the next agenda.

Mr. Nickerson stated that he has turned in his resignation from the Planning Commission effective immediately.

Motion by Mr. Nickerson, supported by Mr. Gerlando, to adjourn the meeting. Motion carried. Meeting adjourned at 8:49 p.m.

Respectfully submitted

Denise C. Trombley, Secretary
CLINTON TOWNSHIP PLANNING COMMISSION