Meeting Minutes Lodi Township Planning Commission. September 23, 2014 Lodi Township Hall 3755 Pleasant Lake Road Ann Arbor, MI 48103

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1 Meeting Minutes Lodi Township Planning Commission September 23, 2014 Lodi Township Hall 3755 Pleasant Lake Road Ann Arbor, MI ) Call to Order Meeting was called to order by Chairman Veenstra at 7:31 p.m. The Pledge of Allegiance was then recited. 2) Roll Call of the Commission Present: Swenson, Diuble, Canham-Keeley, D Agostino, Veenstra, Thelen Absent: Steeb Others Present: Bill DeGroot, Planning Consultant, Don Pennington, Planning Consultant, Marcus McNamara, Township Engineer, Jesse O Jack, Township attorney, Mike Leoni, owner of Ann Arbor Sand & Gravel, Jeff Haynes, attorney representing Ann Arbor Sand & Gravel, Jan Godek, Township supervisor and Barb Giezentaner, Township trustee. 3) Approve minutes of August 26, 2014 regular meeting and sub-committee minutes of September 3, 2014 It was moved by D Agostino and seconded by Swenson to approve both sets of minutes as written. Passed 6-0 4) Approve Agenda It was moved by Canham-Keeley and seconded by Diuble to approve the Agenda as presented. Passed 6-0 5) Old Business a) Ann Arbor Sand & Gravel Restoration Plan Ann Arbor Sand & Gravel representative, Jeff Haynes, advised the Commission that a revised Restoration Plan has been submitted showing they have addressed all issues and concerns that arose in the July Public Hearing meeting. The revised plans show: Sheet #1 - no change Sheet #2 - no longer shows the west entrance and only shows existing roads Sheet #3 engineer had suggested addressing the berm this now shows the contours Sheet #4 shows the step/bench design, which the engineer said was satisfactory Sheet #5 no change Sheet #6 no change Sheet #7 have taken out existing roads shows access drive only Sheet #7 per the request of the engineer, the mining rates are now shown. He stated the mining rates are shown to vary from 25,000 tons/year to 250,000 tons/year, depending on the economy and market. If it was at full capacity, the site would be fully mined in ten years. On Sheet #7 it also shows the two phases to completion. Phase I states the south slope tower wall area will be regraded, starting in 2014, with approximately 350,000 cubic yards of material moved. Phase II will continue with regrading the south wall and will then move counterclockwise to the east wall and then the

2 north wall. Phase II will require more fill be brought in, consisting of about 265,000 cubic yards. He stated it s hard to predict the speed of this phase because the economy has picked up and it s more difficult to get the fill needed. Commissioner D Agostino wanted to know where the fill is coming from. Mr. Leoni said it was mostly from local job sites, and consisted of mainly good, hard, clean clay and some gravely sand. Mr. Haynes stated that Sheet #8 has been corrected to show the proposed end use plan as less specific than the earlier plan and now notes simply the proposed end use is for rural residential uses at the north end of the pit area, which is consistent with the current zoning. Final use will likely incorporate a Planned Unit Development concept. Chairman Veenstra wanted to know what kind of fill will be used on the north side where it states it will be rural residential. Mr. Leoni said this area was pretty much filled back in the 1930 s; there has not been anything recent in that area. He stated this is already suitable for building. Don Pennington asked if there were any thoughts about interior roads for the end use proposed area. Mr. Haynes felt it was too premature to indicate anything like that at this time. Mr. Leoni said that years ago he had a concept for the bottom of the pit being an open space with ponds, paths and a parking area. Township engineer, Marcus McNamara, presented his findings/report regarding the plan presented. (1) It has now been clarified on the proposed contours and how the entire site will be graded. (2) Pointed out the site is an existing non-conformance as it relates to certain setback distances and understand there will be grading activities required within these setbacks. (3) Recognized that the plans do include landscaped benches and slopes of 4:1 and 3:1 ratios. It was his opinion the combination of the 3:1 slopes and the benches meet the intent of section F.1.a (2) of the Extraction Ordinance. (4) He noted his request for mining rates, estimating quantities of fill required, has been provided. (5) The proposed end use plan will be discussed by the Township planning consultant. In summation, Mr. McNamara felt the revised plan, as presented, meets all requirements of the Township Zoning Ordinance. Township planning consultant, Don Pennington, presented his findings/report regarding the plan presented. He began by giving a brief overview of the Ann Arbor Sand & Gravel site and their proposed restoration plan. He noted their time line variance for completion. He reiterated there was a considerable spread between the 25,000 tons/year and the 250,000 tons/year. He advised, based on historic rates, this could take considerably more than the ten years they are estimating. He noted the Township may want to consider periodic inspections of the site to see that progress is being made. Mr. Pennington reported there were three immediate issues for agreement. (1) Accept the restoration plan in regards to internal site and pit grading. (2) Accept an overall landscape plan that would address internal characteristics of the pit. He felt the terracing/benches was very positive and gave a great deal of flexibility and usability in the future. (3) Accept the end of operation time line and restoration efforts proposed. Mr. Pennington discussed future issues for agreement. The anticipated PUD residential, with roads and lots allows for great flexibility in planning. Depending on the completion time line, these conditions could change and more discussion would be needed at that time. Also, the proposed landscaping could change, depending on the type of development at that time. Supervisor Godek asked Mr. Leoni how exactly did it work when he brings in fill. Mr. Leoni stated he has six or seven different companies who pay him to dump their fill. If those companies use their own equipment, he charges them less. There are a few times when it goes both ways they bring fill in and take fill out. He said it was going to require approximately 800,000 tons to complete the restoration, 350,000 of that will be coming from the tower slope, the rest from fill brought in.

3 Supervisor Godek wanted to know why the gravel pit was left open during the weekend. Mr. Leoni advised it was his fault and had his son lock up the pit Saturday night. Godek said she had confronted an individual in a black truck who said he had permission to use the pit for dumping. She wanted to know who that individual was. Mr. Leoni said he would check on that. Godek also said there were no hours of operation posted on the gravel pit gate. Mr. Leoni said there never were, but he would see that was corrected. Supervisor Godek also just wanted to add that, after seeing what Toll Brothers had done with their development on Scio Church Road, she felt the Ann Arbor Sand & Gravel site could be developed into something very nice once the restoration was complete. It seems the home buyers don t seem to be concerned about living near a gravel pit. Mr. Leoni agreed, but said it might be difficult to dig wells and septic systems with the 40 of clay in that area. Chairman Veenstra asked if there were any comments from the commissioners. No one spoke up. He then asked each individually their thoughts about the proposed plan. Commissioner Thelen said he couldn t support the plan. He had some serious concerns about the 3:1 slopes and he felt the time line was way too wide open. Commissioner D Agostino also was concerned about the time line and wanted to know who is doing the mining in the pit. Leoni said he hires various companies for the work. D Agostino asked about the water in the pit. Leoni said it was only perched water and wasn t from the aquifer. The water depth will vary depending on rain, etc. Commissioner Canham-Keeley said she was only concerned about the vague time line. She felt all other concerns presented at the July meeting had been addressed satisfactorily. Commissioner Swenson had no comments. Commissioner Diuble felt that the time line was reasonable and he was sure if the economy improved they would be able to move up the completion date. Engineer McNamara wanted to point out, to those concerned about the time line, that the Township Ordinance requires a Reclamation Bond. Once the bond amount has been agreed on, it becomes an incentive for the owner to move the time line earlier rather than later. They become much more motivated when they have to come up with those funds each year. Chairman Veenstra noted from the commissioners comments there probably wouldn t be a unanimous vote, so he wanted to address the concerns that arose. He stated the proposed terracing being done along the west and partial south slopes shows a slope of 3:1 with benches. Engineer McNamara advised this proposal actually helps reduce material needed, allows different landscaping and reduces the time line because less fill will be needed in these areas. Chairman Veenstra asked Mr. Pennington if the 4 inch topsoil requirement should be addressed at this time. Pennington said it wouldn t hurt to discuss it. Mr. Leoni asked if he could use matting in some places as an alternative. Engineer McNamara stated you should go by the intent of the Ordinance. Matting has been acceptable and sometimes on deep slopes top soil can erode. You want to use a material that achieves the best results and allows for vegetative growth. Chairman Veenstra asked Mr. McNamara if he thought this plan as presented meets that goal. McNamara stated he did. Chairman Veenstra read his Findings of Fact: 1. Ann Arbor Sand & Gravel has proposed a revised restoration plan for its pit on Scio Church Road in Section 2 of Lodi Township, parcels M , M , and M

4 2. The Lodi Township Extraction and Filling Regulations Ordinance (the regulations) requires that an application to remove more than 5000 yards of material include a restoration plan with proposed after use. 3. The regulations require that the Planning Commission conduct a Public Hearing concerning an extraction permit application and file its recommendations with the Township Board. The Public Hearing was held July 22, Section C.2 of the Lodi Township Zoning Ordinance requires the initial site plan review of a use in the NR District shall require submission of an after-use plan that indicates feasible re-use of the site in a manner compatible with the adopted Township Land Use Plan for Future Land Use following termination of activities. 5. The Future Land Use Map (Map 18) in the Lodi Township Master Plan, adopted January 5, 2010, shows a planned future use of Rural Residential for this area. Municipal water and sewer services are not planned to be provided in this area. 6. The proposed restoration plan shows single family residential lots adjacent to Scio Church Road as part of a Planned Unit Development. 7. Other than the single row of single family residential lots, the proposed restoration plan calls for reclaimed areas to likely be incorporated in the Planned Unit Development. 8. Section F.1.a (2) of the regulations require that Finished slopes of the banks of the excavation shall in no event exceed a minimum of four (4) to one (1) foot vertical The Commission finds that a restored slope of three (3) feet horizontal to one (1) foot vertical with intermediate benches is acceptable as long as the overall slope is four (4) feet horizontal to one (1) foot vertical as required by the Extraction and Filling Ordinance. 9. Section F.1.b (2) of the regulations require that the entire site, when stripping operations are completed, must be recovered with a minimum of four (4) inches of topsoil This requirement is not mentioned in the proposed restoration plan. However, the landscape plan as presented requires a sufficient amount and type of topsoil to establish and support the landscaping proposed. Chairman Veenstra asked attorney O Jack if he had anything to add. He said only that, if the Commission approved the 3:1 slope variance, it should be addressed in the Ordinance. Chairman Veenstra agreed. Commissioner Swenson moved to accept the Findings of Fact and to recommend to the Township Board approval and acceptance of the proposed reclamation plan. This was seconded by Canham-Keeley. Roll Call Vote: Thelen no Swenson yes Diuble yes Veenstra yes D Agostino yes Canham-Keeley yes Passed 5-1 (one absent) At this point Mr. Leoni and Mr. Haynes thanked the Planning Commission and left the meeting. Commissioner Diuble felt there needed to be a clarification somewhere on what exactly the 4:1 and 3:1 slope measurement actually means. He still had some concerns about dragging out the time line for finishing the restoration work and wanted to know if the work could be broken into phases so reclamation progress is shown. Chairman Veenstra looked at the Extraction Ordinance and it doesn t require this be done. Also, Supervisor Godek said in the 1990 s the courts had set up a similar plan for Ann Arbor Sand & Gravel, but the judge eventually threw it out. Chairman Veenstra reiterated that the bond that will be set is going to be hefty and it will be financially advantageous for Ann Arbor Sand & Gravel to complete the reclamation process as soon as they can.

5 b) Draft Zoning Ordinance Chairman Veenstra reported the sub-committee had met and reviewed Supervisor Godek s comments to date, and will be meeting tomorrow with Godek to continue the process. He added that Commissioner Steeb has some family issues and might find it difficult to continue to attend the sub-committee meetings. He asked if any other commissioner would be able to fill in for Steeb. Swenson said he would do it if no one else can. 6) New Business 7) Reports a) Commissioners Chairman Veenstra advised the Commission on several topics. 1. He received a call from Wide World of Sports, saying they wanted to make their sign larger and have it be an electronic sign. Veenstra advised the sign company they should submit a request for a site plan amendment so the Planning Commission could review the request. 2. Veenstra pointed out this type of signage is not addressed in the old Zoning Ordinance, which is a good reason, among others, to finish up the draft of the new Zoning Ordinance. He said he would like to finish up the work and bring the draft to the Planning Commission at the next meeting for approval and then send it on to the Township Board. 3. Toll Brothers plans to present their area plan and rezoning request by Monday in time for having a Public Hearing at the October Planning Commission meeting. 4. 2/42 Community Church is under contract for the property on Scio Church Road and Oak Valley Road, where the Go Blue barn is. They are interested in building a large activity center. At their meeting, Veenstra, Pennington and Godek expressed numerous concerns about the viability of this project. When they were told they wouldn t be able to obtain sewers, they felt they would probably have to build elsewhere. 5. Chairman Veenstra said he wanted to revisit the subject of the Zoning Ordinance sub-committee. He would like to nominate Commissioner Swenson as an alternate to the committee. This was moved by D Agostino and seconded by Thelen. Passed 6-0 b) Planning Consultant Consultant Pennington just wanted to make sure Toll Brothers would have their plans submitted in time for the Public Hearing notice to be filed. Veenstra said they would if it arrives on Monday. c) Engineering Consultant 8) Policy Discussion 9) Other Business 10) Public Comment 11) Adjournment There being no further business, it was moved by D Agostino and seconded by Diuble to adjourn the meeting. Passed 6-0. The meeting was adjourned at 9:11 p.m. The next Regular Planning Commission Meeting is Tuesday, October 28, 2014 at 7:30 p.m. Respectfully Submitted, Margaret Canham-Keeley

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