PLANNING COMMISSION MEETING

MINUTES

 

Wednesday April 4, 2007

                                                           

 

I.          Call to Order - Pledge of Allegiance - Roll Call

The meeting was called to order at 7:10 p.m. and opened with the Pledge of Allegiance.

 

Roll Call         Doug Fleming – absent w/notice

                        Donald Hartwick - present

                        Craig Landes - present

                        John Maahs - present

                        Ronald Overton - present

                        Richard Turcotte - present

                        Ulrika Zay – present

                        Charles Openlander - present

 

Also present – Andrea Zeeb Polverento – Planning Director

 

II.         Communications Received – None

           

III.        Agenda Approval – presented with amendments.

 

MOTION by HARTWICK and seconded by MAAHS to approve the agenda as amended.

Passed unanimously

 

IV.        Public Comment – Ted Stroud, Attorney for Design and Build, discussed the project that his client is building on Ingersol Rd.  They are concerned about the new Zoning Ordinance amendment requiring all structures in Industrial zoned districts be connected to public sewer.  This project has already gone through the Site Plan review process.  His client is concerned after speaking with the Township that this new Zoning Amendment might be enforced against his ongoing project.  It is his client’s view that they have fully vested rights.

 

Overton noted to Stroud that one of the conditions on their site plan approval was that when public sewer became available in that area they would have to connect to it.  Stroud said that they understood that.

 

Robert Erskine, 15040 S. Airport Rd – He questioned if the Board of Trustees can make changes in the recommendations that the Planning Commission forwarded to them.  Overton explained that the Board of Trustees can make amendments if they feel it is necessary without sending the item back to the Planning Commission.  Overton explained the process to Erskine.

           

            Erskine asked how much the Planning Commission was involved with the construction of the water, sewer and roads in the Airport/Stoll Rd corridor.  Overton explained that the water belongs to the Board of Water and Light and the roads belong to the Road Commission.  The Township does not get to review those projects.

 

            Harriet Smith – Discussed the new Library in DeWitt

                                   

V.         Approval of Minutes – Hartwick there is a missing vote on page 3, there were 2 separate votes.

MOTION by MAAHS and seconded by TURCOTTE to table the minutes of 4/4/07 until further review can take place.

Passed unanimously

 

VI.        Public Hearings

A.      Case #06-10 TXT, Watertown Charter Township, proposed zoning amendments to the Watertown Charter Township Zoning Ordinance.

Proposed size increases for Section 3.10, Accessory Buildings, Structures, and Uses (Item C.1)

 

Polverento explained that this public hearing was for increasing the sizes allowed for accessory buildings.  The former Planning Director and Zoning Board of Appeals were getting complaints that residents wished to build slightly larger accessory buildings then the current Zoning Ordinance would allow.  Polverento looked at ordinances in neighboring communities and found that these size increases were compatible. 

 

Overton gave a brief history on this amendment.

 

Robert Eriskine, 15040 S. Airport Rd – asked why the limitations on the bigger properties. 

                

Public Hearing Closed 7:35 p.m.

Public Hearing Opened 7:35 p.m.

 

B.     Case #06-10 TXT, Watertown Charter Township, proposed zoning amendments to the Watertown Charter Township Zoning Ordinance.

Proposed parallel language for Sections 13.4 (C) District Regulation (B-1, Local Business District) Section 14.4 (C) District Regulation (B-2 Commercial Business District) Section 15.4 (D) District Regulations (L-I Light Industrial District) to further clarify the amendment for Section 3.22 Water and Sanitary Sewer Service

 

Overton explained that at the last meeting Turcotte made the recommendation that rather than have this amendment under Section 3.22 General Provisions it would be better to have it located under each of the respective Zoning Districts.

 

                  Polverento explained that at the last Planning Commission meeting it was approved to recommend to the Board of Trustees adding to the Zoning Ordinance the language “all development proposed in the B1, B2 and LI districts shall be required to be serviced by public water supply and sanitary sewer service.”  At the March 19, 2007 meeting of the Board of Trustees the text amendment was approved.  Public notice went out and was published in the local papers on April 1, 2007. 

 

                  Polverento explained that Turcotte had suggested that due to the implications this amendment will have, parallel text should be added to each zoning district to further clarify the amendment.  The proposal language for each section that Polverento is proposing would be added to Section 13.4 (C), Section 14.4 (C) and Section 15.4 (D) and read  “All development proposed in this district shall be required to be serviced by a public water supply and sanitary sewer system.”

 

                  Landes asked if this amendment would pertain to existing buildings should they expand their legal non conforming, will they then be required to hook into water and sewer. Polverento responded that the phrase “development proposed” leaves a bit of flexibility. Overton responded it depends on the nature of the proposed expansion.  It will be reviewed on a case by case basis.

 

                  Steve Fabiano, Fabiano Grocery and DeliFabiano is looking at purchasing additional land at Grand River and Wacousta Roads and doing an addition to the current store.  Fabiano asked if he was to add an addition if he would have to hook up to water and sewer.  Discussion took place among the Planning Commissioners. 

 

                  Turcotte searched extensively through the general provisions on non-conformities trying to find an incompatibility with that and found it basically came down to how you define what is proposed.  He feels this is a gray area that has not been defined enough.

 

                  Robert Eriskine, 15040 S. Airport Rd – his property is zoned AG currently but the Future Land Use map shows his property as being zoned as B1 and B2.  He asked that if down the road he wants to split off his property and put a business on the property what are his requirements. Overton explained that the Planning Commission can not answer any questions in regards to sewer.  Erskine is concerned about why there in not a plan for future infrastructure.

 

                  Maahs feels that hypothetical problems such as what Erskine presented are difficult to respond to.

 

Overton explained how the process for putting in infrastructure works. Erskine is concerned that small businesses that may want to come into the Township will not be able to because they can not afford to hook into the sewer and water. Erskine feels this in inappropriate when the Township wants small businesses to come into the Township.

 

Landes commented that when the developers put in infrastructure as required for their projects, they are designed to handle their capacities and not a lot of extra. 

 

Maahs commented that the sewer project on Airport is being oversized beyond the needs of the development.  The Township is paying for additional sizing to accommodate future development.

 

Public Hearing Closed at 8:00 p.m.

                 

VII.              Unfinished Business

 

C.     Case #06-10 TXT, Watertown Charter Township, proposed zoning amendments to the Watertown Charter Township Zoning Ordinance.

Proposed size increases for Section 3.10, Accessory Buildings, Structures, and Uses (Item C.1)

 

MOTION by HARTWICK and seconded by LANDES that the Watertown Charter Township Planning Commission recommend to the Township Board of Trustees to approve the zoning amendment to section 3.10, Accessory Buildings, Structures and Uses, as amended and described in Case #06-10 TXT, for the following reasons and findings of fact:

1.) The zoning amendments are necessary to provide clarification and improvement to the existing Watertown Charter Township Zoning Ordinance.
2.) The zoning amendments address areas of the Zoning Ordinance where existing language does not adequately cover current zoning issues.

Passed unanimously

 

VIII.      New Business

A.  Case #06-10 TXT, Watertown Charter Township, proposed zoning
          amendments to the Watertown Charter Township Zoning Ordinance.

a.      Proposed parallel language for Sections Section 13.4 (C) District Regulation (B-1, Local Business District,) Section 14.4 (C) District Regulation (B-2, Commercial Business District) and Section 15.4 (D) District Regulation (L-I, Light Industrial District) to further clarify the amendment for Section 3.22, Water and Sanitary Sewer Service

 

Hartwick feels that this language should be included in the three (3) corresponding districts so the public is not misled.

 

Overton would like to add an additional finding of fact that clarifies Section 3.22 and makes it easier for potential developers and property owners to understand the requirements in those respective districts.

 

MOTION by HARTWICK and seconded by LANDES that the Watertown Charter Township Planning Commission recommend to the Township Board of Trustees to approve the zoning amendments to sections 13.4 (c), 14.4 (c) and 15.4 (c) as amended and described in Case #06-10 TXT, for the following reasons and findings of fact:

1.      The zoning amendments are necessary to provide clarification and improvements to the existing Watertown Charter Township Zoning Ordinance.

2.      The zoning amendments address areas of the Zoning Ordinance where existing language does not adequately cover current zoning

3.      This amendment clarifies Section 3.22 and makes it easier for potential developers and property owners to understand district zoning requirements in LI, B1 and B2.

Passed unanimously


B.         Election of Officers

Officers need to be elected for Chair, Vice Chair, Secretary and the Representative to the Zoning Board of Appeals.

Turcotte recommended retaining all the current officers as they are currently.

Hartwick‘s preference is to not be Secretary, but if no one else will Hartwick will continue as Secretary. 

George Weitzel would like to see the Planning and Zoning Assistant at the Planning Commission meetings on a specific basis.  He feels this would be beneficial if there was a meeting with a lot of dialogue and it also frees up the Planning Commission Secretary to be able to concentrate more on the meeting rather then taking notes.

            Polverento agreed with Weitzel that it would be helpful to have the Planning and Zoning Assistant present at specific meetings.

Overton would like to have the assistant present particularly when there is a public hearing or any other meetings that there is a heavy agenda.  Overton noted that when he was Secretary there were several times that the tape malfunctioned causing important documentation that needed to be in the minutes to be lost.  He feels the Planning Commission can not afford to have that kind of record.  There needs to be an accurate record. 

Polverento also responded that it takes many hours of the Assistant’s week to listen to the tapes and transcribe the minutes.

Turcotte feels that there may be contractual issue and the availability of staff may also be a concern.  He feels that the Commission should go forward with the presumption that the Secretary will still be assuming these duties.  Polverento believes that Ms. Wixon would be willing to attend meetings where they deemed it would be appropriate for her to be there but will need to clarify that.

Turcotte nominated Overton to be retained as Chair.

MOTION by TURCOTTE and seconded by ZAY that Mr. Overton be retained as the Chairman of the Planning Commission for the period of one (1) year.

Passed unanimously

 

MOTION by OVERTON and seconded by TURCOTTE to nominate Mr. Fleming to be retained as Vice Chair for the period of one (1) year.

Passed unanimously

 

Landes asked Zay if she would be interested in serving as the Secretary.  Zay explained that she has served in a Secretary capacity previously but does not feel that she has enough experience with the Planning Commission to serve as the Secretary.  At this time she is not interested in holding the Secretary office but would be willing to consider the position in the future.

 

Overton asked Hartwick if he would be willing to serve as the Secretary if they made every attempt to get him some help from Staff.  Hartwick indicated that he would be willing to do that.

 

MOTION by OVERTON and seconded by OPENLANDER to nominate Hartwick to be retained as the Secretary of the Planning Commission.

Passed unanimously

 

MOTION by OVERTON and seconded by OPENLANDER to recommend Turcotte be retained as the Representative to the Zoning Board of Appeals to the Board of Trustees.

Passed unanimously

 

D.     Discussion of the Year End Report

Polverento told the Commission that she will have the year end report prepared to be presented at the May Planning Commission meeting.

 

 

IX.        Committee and Staff Reports - None

            A.   Executive Committee Report - None

B.   Ordinance Review Committee Report – DRAFT Minutes 2/21/07

 

MOTION by LANDES and seconded by OVERTON to refer a review of the B-2 district for uses by right and special land uses to the Ordinance Review Committee.

Passed unanimously

 

MOTION by OVERTON and seconded by OPENLANDER to send the Bylaws, Definitions of Sewer and Water, Definition of Structures, Blight Ordinances, and Setback Language to the Ordinance Review Committee for review.

Passed unanimously

 

             1.         Set time & date for next meeting – April 25, 2007 at 7pm

               2.       Discuss need for adding language to district regulations for   

accessory building setbacks. – Polverento explained that this suggestion came from Jeff Church at the Mid-Michigan Health Department.  Church read the language for the new Ordinance and he suggested that we don’t specify anywhere exactly what public water and sanitary sewer service is.  He felt there was the potential there for that to be misrepresented.  He felt it would be pertinent to identify what was meant by that definition.

 

***Transcriber Notes*** Tape stopped recording at this point.  Transcription from this point on is from the Secretary’s notes.

 

              3.       Discuss Planning Commission Bylaws

C.  Site Plan Review Committee Report - None

DBoard of Trustees Report - DRAFT Minutes (3/19/07) – Maahs presented the Board of Trustees Report.

E.   Zoning Board of Appeals - None

F.   Non-Motorized Circulation Plan Committee Report – Polverento Update on status of committee

G.  Environmental Affairs Committee Report - None

H.   Capital Improvements Committee Report - None

I.    Staff Report -

1.      Assistant’s Report - March 2007

2.      Director’s Report - February - March 2007

X.         Comments and Questions from Audience, Staff and Commissioners

                                                                       

XI.        Adjournment

 

MOTION by and seconded by to adjourn the meeting.

Passed unanimously

 

 Meeting was adjourned at 9:20 p.m.

 

Date approved: 

 

 

_____________________________              _____________________________

Ronald Overton, Chair                                    Donald Hartwick, Secretary