Lodi Township Planning Commission Meeting Minutes January 26, 2010 Lodi Township Hall 3755 Pleasant Lake Road Ann Arbor, MI 48103 1) Call to Order Meeting was called to order by Chairman Steeb at 7:31 pm The Pledge of Allegiance was held 2) Roll Call of the Commission Commissioners present: Canham, Diuble, Steeb, Swenson, Thelen, Veenstra Commissioners absent: O’Connor Others present: Attorney O’Jack; Planning Consultant Pennington; Jan Godek; Ellen Tencer, attorney for SBA 3) Approval of Minutes Motion by Diuble, supported by Canham, to approve the minutes for the November 24, 2009, regular meeting Motion approved 6-0 4) Old Business a) SBA Radio Tower Special Use Permit Request, Waters Road at Zeeb Road Parcel M-13-10200-014 (2009-019) Planning Consultant Pennington presented his report: • Zoning Board of Appeals has met twice and approved two requested variances • Action of Zoning Board of Appeals should be noted on the final site plan • Need a revised property description and graphic representation on the site plan that includes the 3.85 acre Riddle parcel • Specific condition needed in the special use permit concerning timing of purchase of Riddle parcel Engineering report of December 1, 2009, summarized by the chair: • A variance will be required for the tower height • Residential structure and horse stable within the fall zone of the structure • Separate parcel needs to be in common ownership to be in compliance with section 55.12 C.2.e of the Zoning Ordinance • 800 ft setback to residential zoned property incorporates one residence and four vacant properties, but no residentially zoned property • Proposed drive culvert is too small and has insufficient cover • Required permits listed [1] Comments and questions: Swenson: Does 800 foot radius impact owner's ability to construct a residence? Steeb: No Can build within 800 feet, but can't rezone to residential Current Master Plan would not allow a rezoning to residential Swenson: How does deed restriction condition get enforced? Steeb: We need to make it a condition of the approval that the recorded deed restriction is to be brought to us within a given time Tencer: Zoning Ordinance does not allow structure in the rear 50 foot setback, and the septic field will be in the remaining area Swenson: This property owner has a history of being recalcitrant in meeting Township requirements Steeb: Applicant must come back to Planning Commission for final site plan approval after the Special Use permit is approved by the Township Board Veenstra: We should make it a condition that both the deed restriction and property acquisition occur before a building permit is issued Swenson: Will the 200 feet tall tower on Wagner Road be removed once this tower is built? Tencer: There is that potential SBA is working to terminate the lease If that happens, SBA will remove the tower Swenson: I would like to see that the Wagner Road tower come down, because that is the way this was originally sold I think it is in writing that this tower will replace the Wagner Road tower Tencer: It is in writing that the Clear Channel tower will come down, which has happened Swenson: Has the zoning inspector inspected the property to assure that it meets the requirements of the previous special use permit? Steeb: Not that I am aware of Godek: Still two signs on Zeeb Road: “Nature area, not mow.” Do these these meet requirements in the original Special Use permit? Godek: Is a variance required due to the existence of other communication towers within two miles? Godek: We need a hold harmless agreement for the township to remove liability in case the tower should fall on structures or riding customers We have had tornadoes in the area Someone could say the Township has some responsibility because it granted two variances Godek: Does the ordinance require a decommissioning plan? Steeb: Yes Godek: What is the benefit for the township? For example, the developer could install an emergency warning system The developer could also allow for the county wireless internet at no charge Godek would like Pennington to certify that all conditions have been met before zoning compliance is issued Godek: Still curious about requirements concerning no other towers within two mile radius Veenstra: Zoning Ordinance Section 55.12 C.2.a "No single tower may be located within two miles of another commercial communication tower." There are some exceptions for positive architectural design Section 55.12 B.5 allows the Planning Commission to waive or reduce one or more of these criteria if the Planning Commission determines the goals of this Section are better served thereby; Subsection h further states, "Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures." This would seem to allow us to waive the two mile minimum, since there are no towers of sufficient height in the township to provide the required coverage, and Clear Channel needs to be as close as possible to its former location to provide the coverage provided in its license Steeb: The planning commission has the flexibility to waive certain requirements The height, because it was significantly greater than what is allowed, and the distance to the adjacent property were not within our discretion Godek: Planning Commission needs to use discretion in setting precedents This particular tower has required two variances so far She is concerned about what might happen in the future Swenson: Did the ZBA look at the property to see if the tower could be located elsewhere on the property and meet setback requirements? Tencer: Other locations on the property are lower and would require a taller tower with a larger fall zone setback Steeb: Also, Clear Channel preferred a location north of Waters road, but no sites were available This location on the Wheeler property is the best compromise from an operational standpoint Swenson: Would like to see a condition that the Wagner Road tower be taken down once this tower is built Tencer: SBA is working to take down the Wagner Road tower Veenstra: We should be able to make it a condition if it is in the application The application states, "SBA proposes to replace the Clear Channel tower on Scio Church Road and the Clear Channel temporary antenna at Wagner Road with the tower on Waters Road." Tencer: Ann Arbor Transit is also on the Wagner Road tower [2] SBA has asked them to move to the Waters Road tower Steeb: Once Clear Channel and Ann Arbor Transit have moved off the tower, then the tower is abandoned Tencer: That is correct Swenson: Can we have a condition that any additional co-location would require a special use permit? We can never have more influence than we have now After discussion, it was decided that there was no need for the condition Pennington: The lease area should be consistent in all documents; lease agreement is for 300ft tower with a 50 ft FM radio antenna Tencer: The top 50ft of the 350 ft tower is for Clear Channel; lease is for 300ft for SBA plus 50ft for Clear Channel Findings of Fact: • SBA Communications has applied for a Special Use Permit to construct a 355 foot tall (365 feet tall with lightning rod) guyed commercial radio broadcasting antenna tower at 5415 West Waters Road, Parcel M-13-10-200-014 • The owner of the property, Carolyn Wheeler, approved the request for a Special Use permit • The named parcel is zoned AG-Agricultural District • Section 11.03H of the Lodi Township Zoning Ordinance allows Radio and Television broadcasting and receiving antennae as a Special Use within the AG-Agricultural District • Section 55.12 of the Lodi Township Zoning Ordinance establishes conditions for approval of a Special Use Permit for Commercial Communication Towers • The Lodi Township Zoning Board of Appeals on December 8, 2009, approved a variance request to Section 55.12.C.6 of the Lodi Township Zoning Ordinance to allow the tower to exceed the 180 feet height limit and to allow a 365 feet total height (including lightning rod) tower • The Lodi Township Zoning Board of Appeals on January 12, 2010, approved a variance request to Section 55.12.C.2.c of the Lodi Township Zoning Ordinance regarding the distance of the tower to adjacent property line to the west and required a deed restriction on the fall circle area for parcel M-13-10-200-015 • The proposed radio tower would replace the 333 feet tall tower formerly located at 4055 Scio Church Road, Parcel M-13-02-200-001 • The proposed radio tower would also replace Clear Channel's temporary Special Use of the tower at 2740 S Wagner Road, Parcels M-13-02-400-026 and M-13-02-400-027 • The submitted design for the tower includes provision for co-location of additional users (Section 55.12.A of the Lodi Township Zoning Ordinance) • The applicant has provided an inventory of its existing towers, antennas, towers, or sites approved for towers that are either within the jurisdiction of Lodi Township or within one mile of the border thereof (Section 55.12.B.2 of the Lodi Township Zoning Ordinance) Further, the applicant has shown that there are no reasonable and suitable alternatives for location of equipment on an existing communication tower within the service area of the proposed tower (Section 55.12.C.1 of the Lodi Township Zoning Ordinance) • The applicant has demonstrated to the reasonable satisfaction of the Planning Commission that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna (Section 55.12.B.6 of the Lodi Township Zoning Ordinance) • The applicant has obtained required approvals from the appropriate state and federal agencies (Section 55.12.C.4.b of the Lodi Township Zoning Ordinance) • The proposed tower would not have a minimum setback of the height of the tower from the adjacent parcel M-13-10-200-013 to the east owned by Daniel and Jane Riddle, as required by Section 55.12.C.2.c of the Lodi Township Zoning Ordinance Carolyn Wheeler has agreed to purchase this parcel and combine it with parcel M-13-10-200-014 as a condition for approval of this Special Use permit Once the two properties are combined, the minimum setback requirement to the east would be met [3] • The petitioner has shown the need for this tower to allow Clear Channel Broadcasting to broadcast at its previous strength and maintain EBS signals for the emergency broadcasting system • There is no other tower within two miles of this site that is of sufficient height to provide the coverage mentioned above • This application includes the location of Clear Channel Communications antenna(s) on the proposed communication tower Conditions to be met: • Parcel M-13-10-200-013, the Riddle property, must be combined with Parcel M-13-10-200014 before zoning compliance and a building permit for the tower are issued • Parcel M-13-10-200-015 must have a deed restriction recorded prohibiting any structure within 365 feet of the tower before zoning compliance and a building permit for the tower are issued • Section 55.12.C.14 of the Lodi Township Zoning Ordinance requires that the Township shall condition approval of any new tower subject to the removal of said tower, including all structural components of the tower above and below ground, within twelve months of cessation of operation Motion by Veenstra, supported by Steeb: Based on the above findings of fact and conditions to be met, recommend approval of the SBA request for a special use permit to erect a 365 feet tall communication tower and antenna for Clear Channel Communications at 5425 Waters Road, Parcel M-13-10-200-014 Motion passed 4-1; abstention (by Canham to avoid voting twice) Pennington: The submitted site plan has only been reviewed as a preliminary site plan, not a final site plan A final site plan is still required Tencer agreed to submit a single copy of the final site plan to Pennington ASAP Pennington will issue a preliminary report for a final site plan by February based on the information already submitted Missing information includes: show the combined parcels with Riddles as one description, show the restriction on building in the fall zone on the separate parcel, note the variances that were granted, and show the antenna on the tower Tencer is planning to add only the missing information on the current site plan to make it the final site plan 5) New Business a) Pennington distributed a chart of historical numbers of building permits, including 2009 Pennington also presented a digital copy of the Master Plan b) Election of Officers for 2010 Motion by Diuble, supported by Canham, to elect the officers for this year: Chair Steeb, Vice-Chair Veenstra, Secretary: Thelen Motion passed 5-1 Thelen accepted the office of Secretary on the condition that the Township follows through on its commitment to provide a Recording Secretary He is concerned that he does not have the ability to take detailed minutes, let alone that and also participate in the deliberations Veenstra expressed the frustration of attempting to capture the required detailed minutes while participating in the deliberation It is often difficult to either task adequately Motion by Swenson, supported by Thelen, that the Planning Commission request the Township to hire a Recording Secretary for the Planning Commission Passed 6-0!!! c) 2009 Annual Report: Steeb presented a summary of Planning Commission activities in 2009 (attached) [4] d) Set meeting dates for 2010 Motion by Thelen, supported by Canham, that regular meetings of the Lodi Township Planning Commission during 2010 will be held at 7:30 pm on the fourth Tuesday of each month except December These dates are: January 26, 2010 February 23, 2010 March 23, 2010 April 27, 2010 May 25, 2010 June 22, 2010 July 27, 2010 August 24, 2010 September 28, 2010 October 26, 2010 November 23, 2010 Motion passed 6-0 e) Adopt Work Plan for 2010 Planning Commission adopted by consensus the following work plan for 2010: • Obtain a Recording Secretary as requested in the 2009 work plan • Update the Zoning Ordinance to correspond to changes in the Master Plan • Adopt Planning Commission Bylaws and Code of Conduct • Continue to distribute packets to Planning Commissioners at least one week before each meeting f) Distribute Draft Planning Commission Bylaws and Code of Conduct Bylaws were drafted based on the model bylaws distributed by the Michigan State University Land Policy Institute by a committee consisting of Steeb and Veenstra They have been reviewed by attorney O'Jack Two sets of the draft bylaws were distributed to Commission members: a June 9, 2009, version with attorney comments, and a January 25, 2010, version with the comments incorporated A draft Code of Conduct was also distributed These will be discussed at the next Planning Commission meeting 6) Other Business There will be a Michigan Citizen Planner Workshop February on Right to Farm and Zoning for Agriculture, Rural, Suburban, and Urban Issues Commissioners are to contact Jan Godek if they wish to go 7) Adjournment Motion by Thelen, supported by Diuble, to adjourn Motion passed Meeting adjourned at 9:57 pm Next regular meeting is at 7:30 pm Tuesday February 23, 2010 Respectfully submitted, Douglas Veenstra Vice Chairman, acting Secretary [5] 2009 Annual Report Lodi Township Planning Commission Meetings: 10 Regular meetings Work meetings Public Hearings: Special Use Permits 2010 Master Plan Work completed includes: Review and/or revise meetings for the proposed 2010 Master Plan Adopt the 2010 Master Plan and refer it to the Township Board for approval Approved Special Use Permits for WECS wind energy conversion systems Reviews of Special Use Permit requests by SBA to relocate a broadcast antenna One for a 350 foot antenna in one of two locations at Wagner Road was denied One for a temporary use of the existing 200 foot antenna on Wagner Road was Approved Review of Special Use Permit request for a 365 foot antenna on Waters Road Approved co-location of an AT&T antenna on the Textile Road antenna Submit proposed Planning Commission By-Laws to Township Attorney for Review Make a work plan for 2009 including meeting dates and goals 2009 Goals and progress Complete a new revised 2010 Master Plan completed Prepare a work program for 2009 completed Update bylaws for the Planning Commission submitted to Township Attorney for review Update the Zoning Ordinance to correspond to changes in the Master Plan deferred pending adoption of the Master Plan Work with the Township Board of Trustees to establish one or both Municipal Service Areas deferred pending adoption of the Master Plan Prepare a Master Plan update to incorporate suggestions from Washtenaw County -deferred pending adoption of the Master Plan Obtain a recording secretary still needed Provide full packets to each Planning Commissioner at least one week before each meeting this goal continues to be met [6] ... Plan • Adopt Planning Commission Bylaws and Code of Conduct • Continue to distribute packets to Planning Commissioners at least one week before each meeting f) Distribute Draft Planning Commission. .. Report Lodi Township Planning Commission Meetings: 10 Regular meetings Work meetings Public Hearings: Special Use Permits 2010 Master Plan Work completed includes: Review and/or revise meetings... Set meeting dates for 2010 Motion by Thelen, supported by Canham, that regular meetings of the Lodi Township Planning Commission during 2010 will be held at 7:30 pm on the fourth Tuesday of each