2015-04-16 McKenna Letter

COMMUNITY PLANNING AND DESIGN
April16, 2015
Planning Commission
Charter Township of Lyon
58000 Grand River Ave.
New Hudson, Ml 48165
Subject:
AP-14-56; Devonshire Planned Development
Conceptual Review (based on March 25, 2015, Submittal)
Location:
North side of Eight Mile Road, approximately one quarter
of a mile west of Napier Road
Applicant:
Trowbridge Land Holdings, LLC, represented by Bruce Michael
Dear Planning Commissioners:
Trowbridge Land Holdings is proposing to develop an 89-unit single family detached residential
subdivision on a 68.86-acre parcel (gross acreage) located at the north side of Eight Mile Road, one
quarter mile west of Napier Road.
The applicant is seeking Planned Development approval, which involves three steps: conceptual review,
preliminary review, and final review. At each step both Planning Commission and Township Board
review is required.
Planned Development Review Process
Conceptual review gives the Planning Commission and Township Board an opportunity to offer
comments and suggestions before the plans are completely developed. This step also affords the
applicant an opportunity to gather information from the Planning Commission and Township Board that
is necessary to prepare approvable plans. No action is taken by the Planning Commission or the
Township Board at the conceptual review step.
The Planning Commission initially reviewed this case on November 24, 2014, and identified several
deficiencies. The plan was submitted to the Township Board on January 5, 2015, at which time the
Board determined there was insufficient information to proceed with conceptual review. Consequently,
the Board sent the case back to the Planning Commission for further review after the plans have been
revised.
Project Description
Devonshire consists of 89 lots, generally having a width of 80 feet or larger. Lot sizes range from 9,370
sq. ft. to 22,234 sq. ft., and the average lot size is 11,944 sq. ft.
The site is divided into north and south segments that are separated by a large wetland. Unlike the
previous plan reviewed by the Commission, the north and south segments are no longer connected by a
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Lyon Township Planning Commission
April16, 2015
21
road. The north segment will have access to Napier Road, and a stub is provided to allow connection to
the Wind ridge development to the north. The southerly segment will have two access points onto Eight
Mile Road.
Elevations range from about 967 near the east entrance to 980 on the west side. North of the large
wetland the elevations are higher, ranging between approximately 982 and 992.
The presence of ten wetlands is a major consideration that will affect development of the subject site.
Two of the wetlands are regulated by the Michigan Department of Environmental Quality (MDEQ). The
extensive woodlands across the site are another major natural feature of significance. A tree inventory
has been provided, as required, pursuant to the Tree Protection Ordinance.
The applicant proposes to extend sanitary sewer and public water mains along Eight Mile Road to the
site.
The following table indicates existing land use, zoning and future land use on the subject parcel and
surrounding lands.
Ill
Existing Land Use
Zoniq
fdlre till
Subject Parcel
Open fields, wooded
areas, and wetlands
R-0.5, Single Family
Residential
Rural Residential (1 acre
lots)
North
lTC Electric Lines
R-0.5, Single Family
Residential
Rural Residential (1 acre
lots)
South
Large lot residential
R-0.5, Single Family
Residential; ResidentialAgricultural (in Salem
Township)
Rural Residential (1 acre
lots); AgriculturalResidential (in Salem
Township)
East
Large lot residential
R-0.5, Single Family
Residential
Rural Residential {1 acre
lots)
x
~
itt
~ ~
YY!t
1---------------·--·----------------··----·----------·····-~----···
West
Large lot residential and
open land
R-0.5, Single Family
Residential
,
·-
Rural Residential {1 acre
lots)
'---------------·--------------------·-----·-····------------·--·····--·-········----.
Existing Land Use
Surrounding land use is predominantly large lot single family residential, except for open lands to the
west and the lTC electric lines to the north.
Zoning
The subject property and surrounding land use in Lyon Township is zoned R-0.5, single family residential.
In a conventional development, R-0.5 zoning would allow lots having a minimum lot area of 17,000 sq.
ft. where sanitary sewers are present. Land to the south, across Eight Mile Road in Salem Township, is
zoned Agricultural Residential, which allows single family development with a minimum lot size of two
acres.
Lyon Township Planning Commission
April16, 2015
3IPagP
Future Land Use
The subject property and surrounding land in Lyon Township is designated Rural Residential on the
Future Land Use Map. Thus, the R-0.5 zoning is inconsistent with the Master Plan designation. R-0.5
zoning would be more appropriate on land that is designated Single Family on the Future Land Use Map.
Land to the south, across Eight Mile Road in Salem Township, is designated Agricultural-Residential on
the Township's Land Use Strategy and Density Map.
Eligibility Criteria
To be eligible for Planned Development approval, Section 7.02 of the Zoning Ordinance indicates that
the applicant must demonstrate that eight criteria will be met. We have reviewed the Devonshire plans
based on these criteria and offer the following comments:
1.
Recognizable Benefits. The planned development shall result in recognizable and sufficient
benefit to the ultimate users of the project and to the community, and shall result in a higher
quality of development than could be achieved under conventional zoning. The applicant has
identified the following community benefits:
a.
b.
c.
d.
e.
f.
g.
h.
2.
Donation of 16 acres of land to a conservancy.
Installation of a traffic signal at the Napier Road/Eight Mile Road intersection.
Construction of a left turn lane at the development entry.
Planting of 45 trees beyond the minimum requirement.
Installation ofTen Mile Road landscape scheme along Eight Mile Road.
Installation of 1,150 linear feet of trails, connecting the development to Eight Mile Road
and Napier Road.
Extension of water and sanitary sewer utilities to Section 36, working with a consortium
of developers.
Eliminating the possibility of annexation by the City of Novi (although Novi has never
suggested a desire to annex Lyon Township).
Minimum Size. The minimum size of a planned development shall be forty (40} acres of
contiguous land. Devonshire measures approximately 69 acres, so it is in compliance with this
requirement.
3.
Use of Public Services. The development shall not result in an unreasonable increase in the
use of public services, facilities, and utilities. There are two aspects to this requirement:
a.
Water and Sanitary Sewer Services. Connection to Township water and sanitary sewer
utilities is proposed. The Township Engineer has offered comments on these utilities in
a April13 letter.
b.
Roads. An updated Traffic Impact Assessment, prepared by Fleis & Vandenbrink and
dated February 27, 2015, has been submitted. The assessment focused on the Napier
Road/Eight Mile Road intersection and the three site access points. The assessment
made the following findings:
i
I
Lyon Township Planning Commission
Aprill6, 2015
4jPage
i. At the intersection of Eight Mile Road and Napier Road, the southbound left
turn movement currently operates at a Level of Service (LOS) E during the a.m.
peak hour, while the northbound and southbound approaches operate at LOS F
during the p.m. peak hour.
ii. A traffic signal is currently warranted at the intersection of Eight Mile Road and
Napier Road.
iii.
With a traffic signal at Eight Mile Road and Napier Road all movements and
approaches will operate acceptably during both peak periods.
iv. The proposed development would have negligible impact on vehicle delays
experienced at the intersection of Eight Mile Road and Napier Road.
v. The proposed site access points will operate acceptably. Neither a left turn
passing lane nor are right turn tapers required at any of the site access points.
We are concerned that the Traffic Impact Assessment may inaccurately portray the growth rate
in background traffic at 1%, considering that several hundred dwelling units are proposed in
Sections 34 and 35 of the Township.
4.
Compatibility with the Master Plan. The development shall not have an adverse impact upon
the Master Plan for the Township. The subject site and adjoining parcels are designated Rural
Residential on the Future Land Use Map. Rural Residential corresponds to a minimum of 1 acre
per unit. Thus, the proposal is not consistent with the Master Plan. The Zoning Ordinance
indicates that the Township may approve a planned development that includes a residential
density that exceeds what is called for on the Future Land Use Map, subject to a determination
that such a deviation is justified in light of current planning and development objectives.
However, upon approval of a planned development, the Planning Commission shall initiate
action to amend the Master Plan so that the Future Land Use Map designation is consistent with
the approved planned development.
5. Economic Impact. The proposed development shall not result in an unreasonable negative
economic impact on surrounding properties. A more complete fiscal impact statement has
been submitted, but the following revisions are required before economic impact can be
evaluated:
a.
The development is in the Northville School District, not the South Lyon Community
School District. The expected school tax revenue should be based on 10.87 mills.
b.
Voters in Lyon Township recently approved two new millage proposals, so Lyon
Township Expected Annual Property Tax Revenues should be based on 2015 homestead
rates, as follows:
Operating Millage
Library
0.99900
0.53000
I
I
I
Lyon Township Planning Commission
April16, 2015
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Pat:
Police Millage
Police Supplemental
Fire Millage
Fire Operating
TOTAL
2.76760
0.80000
0.45000
1.58000
7.12660
acres, not 72 acres, as
c.
According to sheet 1 of the plans, the development has 68.86
specified on the Fiscal Impact Statement.
d.
Sheet 1 of the plans indicates that 111 school children will be generated by the
development, but the Fiscal Impact Statement indicates only 49 school children. This
discrepancy must be resolved.
e.
The capital charge per Residential Equivalent Unit (REU) is currently $12,864, not
$12,407.
6. Usable Open Space. The proposed development shall contain at least as much usable open
space as would otherwise be required by the underlying zoning. Section 7.03.1 of the Zoning
Ordinance calls for a minimum of 20% of the gross area of the site (13.77 acres) to be set aside
for usable open space. Conflicting information has been provided regarding the amount of open
space to be provided. Sheet 1 of the plans indicates 13.28 acres, a deficiency of 0.49 acres. The
Report dated 2/23/15 indicates 14.56 acres. The summary of public benefits indicates 16 acres.
These discrepancies must be resolved and the plan must designate exactly which areas are
included in the open space acreage figures.
Information on the plan indicates that 25% of the open space will consist of usable wetlands. A
letter from Brooks Williamson and Associates has been submitted to verify that the wetlands
meet the definition of "usable."
We are concerned that some of the spaces designated as "open space" fail to meet the "usable"
requirement. For example, the open space west of units 33-35 appears to be inaccessible to
the residents of the development, and the open space north of lot 11 is too small and is
encumbered by wetlands.
7.
Preservation of Natural Features. The proposed development shall preserve distinctive natural
features on the site to the maximum extent feasible. Significant tree loss will occur as a result
of this development. Note 12 on the plans indicates that new trees will be planted to mitigate
the loss of trees. A tree inventory has been completed, but it must show trees to be preserved
and removed. A plan is required that indicates the locations, numbers, and species of
replacement trees.
8.
Unified Control. The proposed development shall be under single ownership or control such
that there is a single person or entity having responsibility for assuring completion of the
project. Trowbridge Homes is identified as the developer on sheet 1 of the plans. The plan
notes that Trowbridge Homes has constructed 2,000 housing units over a 35-year period.
Lyon Township Planning Commission
Aprill6, 2015
6jPage
Residential Density
We concur with the density calculations on sheet 1 of the plans, which show that 91 units could be
developed on the subject property under conventional R-0.5 zoning. This density figure is based on
34.06 acres of developable land area, which was derived by subtracting the following amounts from
gross land area: rights-of-way for Eight Mile and Napier Roads; proposed detention basins, regulated
wetlands, interior roads, and a natural gas pipeline.
Setbacks
The plans propose variation from several setback requirements, as noted below. The zoning ordinance
states that modification to the yard setback requirements may be approved by the Township Board,
upon recommendation from the Planning Commission, upon making the determination that other
setbacks would be more appropriate because of topography, existing trees and other vegetation,
proposed grading and landscaping, or other existing or proposed site features.
Front. The minimum required front setback along internal roads is 40 feet. The proposed front
setback is 35 feet, according to the plans. However, there is a discrepancy with respect to front
setback that must be resolved, because the Architectural and Site Design Guidelines specify a
30-foot setback.
Side. The Zoning Ordinance requires a 15-foot side yard setback. However, to accommodate
side entry garages, houses may be offset, with 10 feet on one side and 20 feet on the other,
resulting in a minimum of 30 feet between homes.
The site plan calls for a setback of 5 feet on one side and 25 feet on the other, with a minimum
of 30 feet between homes. However, the proposed Architectural and Site Design Guidelines
indicate that the side setback will be 8 feet on one side and 22 feet on the other side. This
discrepancy must be resolved.
The revised plans illustrate the proposed side setbacks on each lot to demonstrate that there
will be at least 30 feet between homes. However, the distance between units 73 and 74 is only
10 feet, and the distance between units 63 and 64 is only 20 feet. The distances between units
on these lots must be increased to provide at least 30 feet between units.
Along Perimeter, Not Adjacent to a Road. The Zoning Ordinance requires a 40-foot setback
along the perimeter where the lots do not abut a road. A 40-ft. setback is proposed.
Rear Setback, Not Along Perimeter. A 30-ft. setback is proposed for lots that back up to open
space, and a 35-ft. setback is proposed for lots that back up to another lot. These setbacks are
acceptable.
Along Perimeter, Adjacent to a Public Road. The Zoning Ordinance requires a 75-foot setback
along the perimeter where lots abut a public road. The setback of unit 1 from the planned rightof-way for Eight Mile Road must be increased by 15ft. The setbacks of units 57 and 89 from the
planned right-of-way for Napier Road must also be increased by 15ft.
Lyon Township Planning Commission
April16, 2015
71 P i1 g e
Wetlands
Section 22-243(2)c indicates that "The boundaries of any lot shall not be occupied by all or any portion
of a regulated wetland." The plan is in compliance with this requirement.
The Ordinance further states "A portion of a lot may be occupied by a nonregulated wetland provided
that, if nonregulated wetlands are present on the lot, the proprietor demonstrates that adequate
buildable area will exist on each lot without intruding in the required setbacks, including any required
wetland or water feature setback." The plans call for filling of non regulated wetlands to address this
issue.
Section 36.02 ofthe Zoning Ordinance states that "a 25-ft. vegetative strip and construction and building
setback shall be maintained from the boundary of any protected wetland. "This setback requirement
will affect the development options on lots 11-21, 25-29, 35-42, 49-51, 63-71, and 78-80. On many of
these lots, the wetland setback may preclude the property owner from building a deck or swimming
pool on the lot. The wetland setback should be shown on the plans and addressed in the Planned
Development Agreement and condominium documents.
Due to the 25-ft. wetland setback requirement the building envelope on unit 19 will have to be
modified.
Sidewalks and Bike Paths
A 5-foot concrete sidewalk is proposed along internal roads, as required. A 10-foot wide asphalt path is
proposed along Eight Mile and Napier Roads, as required. Barrier-free ramps are required at all road
crossings, which should be shown on the plans.
Landscaping
The following landscaping considerations must be addressed on revised plans:
1. The numbers, locations, and species of each type of plant must be noted.
2. Intersection street lighting, if any, should be shown, along with details.
3. Subdivision entryway signage must be addressed, showing the location, dimensions, height, and
method of lighting the sign.
Miscellaneous Requirements
The following additional issues must be addressed on revised plans or documents:
1.
Development Summary note 1 on sheet 1 indicates that" ... a stub street to the north for future
connection by others." It is unacceptable to pass the responsibility for this connection to others.
The plan cannot be approved without the connection to the north because otherwise the length
of the cul-de-sac exceeds 600 feet.
Lyon Township Planning Commission
Aprill6, 2015
8 I f' a g c'
2.
Development Summary note 15 indicates that the rear setback on lots that do not back up to
open space is 35 feet, but the Architectural and Site Design Standards specify 40 feet. This
discrepancy must be resolved.
3.
The application is signed by the property owner, but must also be signed by the applicant.
4.
Land to be donated to a conservancy must be delineated on the plan.
5.
Installation of the traffic signal must be shown or otherwise specified on sheet 1.
6.
Among the benefits cited by the developer is a left turn lane at the entrances on Eight Mile
Road. This lane must be shown on the plans.
7.
The scale on sheet 1 should state 1" = 200'.
8.
Kensington Drive and Devon St. are not allowable street names because they already exist in
Lyon Township or South Lyon.
Oakland County Coordinating Zoning Committee Review
Because this case borders another community, review by the Oakland County Coordinating Zoning
Committee will be required. This occurs after the Planning Commission holds the public hearing and
acts on the Preliminary Plan, and before the Township Board reviews the Preliminary Plan.
Conclusion
This review letter has identified numerous issues that must be addressed before this proposal can move
through the review process. We recommend that the plans be revised to address the deficiencies
identified herein.
As noted above, no action shall be taken by the Planning Commission at the conceptual review stage.
Instead, we recommend that the Commission offer advice to the applicant on the issues presented in
this letter.
Sincerely,
McKENNA ASSOCIATES
Christopher J. Doozan, AICP, PCP
Senior Vice President
Lyon Township Planning Commission
Aprill6, 2015
91
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i1
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Lannie Young, Supervisor
Matthew Quinn, Jennifer Elowsky, Leann Kimberlin, Township Attorneys
Leslie Zawada, Mark Collins, Township Engineers
Katherine DesRochers, Planning Secretary
Bruce Michael at [email protected]
Dan LeClair at [email protected]
Jim Allen at [email protected]