1-A (13-PC-149) Gardinier Properties, LLC, petitions for a ...13-PC-149)Gardinier.pdf · Planning Commission may solicit information and testimony from officials of, but not necessarily

DEXTER TOWNSHIP PLANNING COMMISSION STAFF REPORT (13-PC-149) - June 14, 2013

Page 1 (13-PC-149) Gardinier

1-A (13-PC-149) Gardinier Properties, LLC, petitions for a zoning map amendment of one (1) tract of land. Proposed zone change is from General Commercial to Rural Residential. Property is located at 7415 Dexter-Pinckney, Section 13 of Dexter Twp (D-04-13-200-005).

Existing Zoning: General Commercial C-1

The General Commercial District is intended to provide for retail, service, and office

establishments which primarily serve the day-to-day convenience and service needs of Dexter

Township Residents and visitors. The District is intended to provide opportunities for day-to-

day convenience shopping and services compatible with the predominant rural character of

the Township. Support for the preservation of the community’s rural character should be

embodied in architectural design and building scale, building materials, signage, landscaping,

buffering, and lighting.

Existing Land Use: Residential Duplex and Vacant Commercial Building (recently day care center)

Future Land Use Map: Commercial

The Commercial area identifies areas in the Township that are planned for or are currently

used for local commercial use. There is currently no identifiable community node or activity

center within the Township where such uses are frequently guided. In fact, the limited

commercial development presently in the Township is not centered in any particular area or

along any particular road segment. Due to limited demand from Township residents, the lack

of major thoroughfares in the community, and the more appropriate locations for intensive

commercial uses in nearby urban communities such as Dexter, Chelsea, Pinckney, and Ann

Arbor, future commercial development should be of a comparatively small scale and cater to

the day-to-day consumer needs of area residents and travelers. Commercial uses that cater to

the consumer needs of a more regional population should be discouraged.

Access and road infrastructure play an important role in successful commercial development.

For this reason, the intersection of North Territorial and Dexter-Pinckney Roads is the

primary location for new commercial development at this time. This Plan generally supports

the continuation of the small commercial uses located elsewhere in the Township and the

replacement of such uses with other commercial uses that support the overall character of the

community. However, the Plan strongly discourages the expansion of these commercial areas

beyond that acreage currently zoned for such commercial use.

All future commercial uses should minimize disruption to the rural character of the Township

and the use and enjoyment of nearby properties. Special site design measures should be

pursued to assure the visual corridors of abutting public roads retain their current rural and

open space character through appropriate siting and screening of parking areas, lighting,

signage, building scale, architecture and materials, and related development features. The

Commercial Planned Unit Development (C-PUD) overlay district allows for zoning flexibility

and mixed land uses if a proposed project exhibits superior site design. Larger commercial

uses and buildings that conflict with the Township’s dominant rural character and limited

public services are discouraged. In light of the unique natural resources of the Township,

including its ground water resources that are particularly vulnerable to contamination in

certain locations, uses that are predominantly characterized by the use, storage and/or sale of

toxic, hazardous, or otherwise injurious materials should not be permitted without assurances

that the health, safety, and welfare of the Township and its residents are adequately protected.

Area: 66,525 square feet, 1.53 acres (excluding rights-of-way and easements)

North East South West

Surrounding Zoning General

Commercial Rural Residential Rural Residential Rural Residential

Surrounding Land Uses Single-family Home Agriculture Agriculture, Single-

family Home Agriculture

Future Land-Use Map Commercial Rural Residential Rural Residential Rural Residential

1-B



1-C Project Narrative: Applicants petition for a zoning map amendment of one (1) tract of land. Proposed zone

change is from General Commercial to Rural Residential.

The property for the proposed zoning change has a residential duplex along the rear, western

property line and another building towards the front that has been used commercial, most

recently as a day care center.

The property is roughly 205 feet wide along Dexter-Pinckney and roughly 300 feet deep, for an

area of roughly 1.53 acres, excluding the road right-of-way. Legal description and survey are

included on pages 8/9. (Please note that even though the legal description refers to the property

as “Parcel A” and “Parcel B,” the property is still legally one parcel.)

This property and the property to the north have been zoned commercial since at least 1979.

(That is the date of the oldest zoning map available for review at this time). The nearest General

Commercial District, aside from the property to the north, is roughly 600 feet to the south,

around the Dexter-Pinckney/North Territorial Intersection. Much of this commercial area is

undeveloped commercially and continues to serve agricultural or residential uses.

The applicants state they have owned the property since around 2004 and have had difficulty

operating or finding operators for the day care center. They wish to use the property for

residential rentals. (See attached letter on page 10.)

The property immediately to the north with a single-family house has been identified as a

potential candidate for a zoning map amendment from General Commercial to Rural Residential.

The petition will be forwarded to the Township Board of Trustees with the Planning

Commission’s recommendation.

1-D Property History The property has been under the present ownership since April 2005.

Zoning permit 92S4 was issued for a sign on April 13, 1992.

1-E Applicable Land Use Standards: Intent of General Commercial C-1. The General Commercial District is intended to provide for retail, service, and office establishments which primarily serve the day-to-day convenience and service needs of Dexter Township Residents and visitors. The District is intended to provide opportunities for day-to-day convenience shopping and services compatible with the predominant rural character of the Township. Support for the preservation of the community’s rural character should be embodied in architectural design and building scale, building materials, signage, landscaping, buffering, and lighting.

SECTION 13.01(A), Page 13-1.

Intent of Rural Residential. It is the primary intent of the Rural Residential District to encourage and provide opportunities for comparatively low-density residential lifestyles and development patterns which encourage the preservation of open spaces, including farmland, and other natural resources of the Township and the Township’s rural character. Dexter Township is characterized by extensive



natural resources including, but not limited to woodlands, wetlands, water courses, and hillsides. Many of these resources play important environmental benefits including wildlife habitats, recreation, flood control and water purification, and support the desired rural character of the community. The intent of this District is to provide opportunities for comparatively low-density residential development in a manner which encourages the preservation of both the quantity and quality of these resources.

SECTION 12.01(A), Page 12-1.

Zoning Amendment Process in General. Zoning map amendments are addressed in Article 5 of the Dexter Township Zoning Ordinance. In General, the Planning Commission reviews the petition and forwards it to the Board of Trustees with a findings of fact, a summary of comments received at the public hearing, and a recommendation. Planning Commission Public Hearing.

1. Planning Commission Review: In reviewing any application for an amendment to this Ordinance, the Planning Commission shall identify and evaluate all factors relevant to the application. Findings of fact shall be gathered and shall be made a part of the public records of the meetings of the Planning Commission. The matters to be considered by the Planning Commission shall include, but shall not necessarily be limited to, the following: a. What, if any, identifiable conditions related to the application have changed which

justify the proposed amendment? b. What are the precedents and the possible effects of such precedent which might

result from the approval or denial of the application? c. What is the impact of the amendment on the ability of the Township and other

governmental agencies to provide adequate public services and facilities, and/or programs that might reasonably be required in the future if the proposed amendment is adopted?

d. Does the proposed district change adversely affect environmental conditions, or the value of the surrounding property?

e. Does the proposed district change generally comply with the adopted General Development Plan, and the existing and planned future land use of adjoining municipalities?

f. Is the property in question able to be put to a reasonable economic use in the zoning district in which it is presently located.

2. Outside Agency Review: In determining the above mentioned findings of fact, the Planning Commission may solicit information and testimony from officials of, but not necessarily limited to, the County Health Department, County Road Commission, County Drain Commission, any school district affected, and the Washtenaw County Planning Advisory Board.

3. Planning Commission Recommendation: The Township Planning Commission shall transmit its findings of fact in full, a summary of comments received at the public hearing, and its recommendations for disposition of the application to the Township Board within a period of sixty (60) days following the required public hearing in Section 3.07, Public Notice.

SECTION 5.04(D), Page 5-1/2.

1-F Other Department Comments: No comments at time of Staff Report publication.



1-G Statement of Facts: Application Submitted: May 29, 2013 Applicant

Public Hearing Scheduled for: June 25, 2013 DPZ Michels

Site Visit(s) Conducted by Staff: June 13, 2013 DPZ Michels

1-H Attached Materials: Aerial Image page 5 Current Zoning page 6 Proposed Zoning page 7 Legal Description page 8 Survey page 9 Letter from the Applicant page 10

1-I Legal Notification: Public Notice Sign Distributed to Applicant: May 29, 2013

Legal Ad Submitted to Dexter Leader/Chelsea Standard: May 30, 2013

Legal Ad Published in Dexter Leader/Chelsea Standard: June 6, 2013

Letters to Interested Persons Sent: June 7, 2013

Public Notice Posted on Township Website: June 14, 2013

Notes:



1-J Aerial Image:



1-K Current Zoning:

General Commercial C-1

Rural Residential RR



1-K Proposed Zoning:

General Commercial C-1

Rural Residential RR



1-L Legal Description:



1-M Property survey:



1-L Letter from Aplicant:

Documents

1-A (13-PC-149) Gardinier Properties, LLC, petitions for a ...13-PC-149)Gardinier.pdf · Planning Commission may solicit information and testimony from officials of, but not necessarily