PLANNING COMMISSION MEETING

MINUTES

 

Wednesday May 2, 2007

                                                           

 

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

The meeting was called to order at 7:00 p.m. and opened with the Pledge of Allegiance.

 

Roll Call         Doug Fleming – present

                        Donald Hartwick - present

                        Craig Landes – absent w/notice

                        John Maahs - present

                        Ronald Overton – absent w/notice

                        Richard Turcotte - present

                        Ulrika Zay – present

                        Charles Openlander - present

 

Also present – Andrea Zeeb Polverento, Planning Director, Amy Wixon, Planning and Zoning Assistant, George Weitzel, Board of Trustees and Jack Keys, SCCUMA

 

II.         Communications Received – None

            Polverento outlined the correspondence that was in the packets regarding the Bunker Hill wetland issue.

 

III.        Agenda Approval

 

MOTION by MAAHS and seconded by OPENLANDER to approve the agenda as presented.

Passed unanimously

 

IV.        Public Comment – Non-Agenda Items

Larry Nakfoor, 10846 Countrylane, followed up on the Special Meeting that took place in April.  A rezoning has been requested and will be on the agenda in June.

 

            George Weitzel, discussed the Township sewer system. Jack Keys from SCCUMA is present at Weitzel’s request to answer questions. Keys will be making a presentation at the June meeting to answer any questions.  Maahs suggested that each Committee member could make a list of questions and concerns that Keys can address during his presentation.  Maahs asked for those concerns to be forwarded onto Polverento so she could get them to Keys.

 

V.         Approval of Minutes

 

MOTION by HARTWICK and seconded by MAAHS to approve the minutes of 4/4/07 as amended adding Openlander to the roll call as present.

Passed unanimously

 

MOTION by MAAHS and seconded by HARTWICK to approve the minutes of 4/4/07 Special Meeting as amended adding Openlander to the roll call as present and on page 3 strike the last sentence.

Passed unanimously

 

VI.        Public Hearings  - None

                 

VII.              Unfinished Business

 

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

 

1.                  Setback language, adding accessory building setback to zoning district regulations.

Polverento explained that she and John Maahs had recently had a couple of call from residents and developers regarding setback requirements for garages and sheds.  They are currently described under “General Provisions” in Section 3.10 C.4

 

Polverento feels that in order to continue to improve the readability of the zoning ordinance for residents, developers and staff, adding the information to the district regulations table in each zoning district would be helpful.  Also it has been discussed to add the word “setback” as a descriptor to the district regulations as well.  This matter was taken up by the Ordinance Review Committee, and it was unanimously approved to send this to the full Planning Commission for discussion

 

MOTION by HARTWICK and seconded by MAAHS to move forward with a public hearing for this amendment.

Passed unanimously

 

2.                  Defining “public water supply” and “sanitary sewer service.”

Polverento outlined the issue and discussions that have taken place at previous meetings.  Keys commented that he reviews all site plans for sewer connection.  He discussed private developments that want to build their own private sewer system. They need to follow the current construction plans in place for connection ease in the future.  Keys pointed out that there is a definition in the sewer ordinance that should be used in the zoning ordinance.

 

MOTION by HARTWICK and seconded Turcotte by to amend the last line in both definitions to read “operated and maintained by the public utility authority.”

Motion withdrawn

 

MOTION by HARTWICK and seconded by MAAHS to table this item until Polverento can check into the definition in the master sewer ordinance.

Passed unanimously

 

3.                  Removing Hotel/Motel from the B-2 Zoning District permitted uses and making it a special land use.

 

Polverento outlined the issues discussed at the Ordinance Review Meeting.  It was mentioned that Hotel/Motel should be a Special Land Uses rather then a use by right because it intensive use.

 

Hartwick explained that they were concerned with it being a use by right because of the nature of hotel/motels due to intensity and traffic flow

 

MOTION by TURCOTTE and seconded by HARTWICK and seconded by to accept the recommendation of the Ordinance Review Committee to move the Hotel/Motel from the use by right to the special land use section in the B2 zone for public hearing.

Passed unanimously

 

Discussion took place among the Commissioners regarding moving daycare facilities from a use by right to a special land use.

 

4.                  Defined terms, bold/italics when referenced in ordinance.

Polverento outlined the issue that was discussed at the Ordinance Review Committee.  She explained this was an idea that was brought about at a Citizen Planner seminar.  When other communities have referenced terms that were defined under definitions those terms were bolded or italics.  There was discussion about the risks involved in implementing this at the Ordinance Review Committee meeting.

 

Fleming explained that the intent is to make the Ordinance easier to read for the general public.  Zay feels it’s an excellent idea.  Polverento explained that there was discussion on how to implement this idea and there were suggestions that the Clerk look into the feasibility of having this done during the codification process.  This is a cosmetic change more than a structural change and would not require a public hearing. 

 

MOTION by TURCOTTE and seconded by ZAY to accept the recommendation of the Ordinance Review Committee to forward the question of bolding the text for definitions to the Clerk to determine feasibility during ordinance codification.

Passed unanimously

 

B.        Township Wetlands Ordinance

Polverento explained the discussion that took place at the Ordinance Review Committee meeting regarding the feasibility of adopting a Township Wetland Ordinance.  Weitzel explained that there was not any support at the Township Ordnance Review Committee level

 

MOTION by TURCOTTE and seconded by ZAY that the Planning Commission forward a recommendation to the Board of Trustees to form a committee to investigate the development of a wetlands ordinance.

 

Discussion took place regarding the motion. Fleming does not want to get into the regulatory business. Fleming is against the development of a Wetlands Ordinance.  Openlander feels that this is an issue that needs to be looked into to protect the aquifer.

 

 Zay feels it’s a matter of knowing what is in the township and what the quality of the wetlands are and how it impacts the Looking Glass River.  It’s an extra step to protect the small unprotected pockets on small unprotected wetlands.  Prior to rezoning these areas it’s important to know where the quality wetlands are and where the wetlands that need help are and to strategically plan for that.

 

Passed unanimously

 

Hartwick covered the other items that were discussed at the Ordinance Review Committee Meeting.  There were no recommendations made by the Ordinance Review Committee on these three (3) items.

 

Weitzel outlined the issue of a blight ordinance the Township Board Ordinance Review Committee feels it should be a stand alone issue.

 

VIII.      New Business

ACase #06-12 ZC, 13280 Summer Lane, discussion of continued, on-going concerns by neighbors of this property.

 

Polverento outlined the issue.  This is a zoning complaint that has been going on for 7 to 10 years with ongoing complaints of all varieties relative to this property.  Recently the neighbors have brought up that the residents are not a family as defined by the Ordinance.  Polverento feels that is difficult part of the ordinance to enforce to determine who is related and who is not.  House guests are not prohibited. Polverento has encouraged neighbors to contact the Clinton County Sheriff.  Sgt Kyle Knight offered suggestions on how neighbors can handle these complaints. 

Dick Kramp, 13241 Summer Lane, lived at this address for 22 years.  Kramp presented an outline of the events of the last 9 years since the Blacks moved into the 13280 Summer Lane address.  There are 8 people living in this single family home.  Kramp is disappointed that this issue has not been handled by the County and the Township. 

Sgt. Knight explained that the County can not enforce the Township Ordnances but they can assist.  Knight recommended that Kramp call 911 anytime there is an issue.  There have been 2 loud party calls in the last 5 years.  Kramp does not agree with the call lists, he feels that there have been more calls made to the Sheriffs by himself and the surrounding neighbors.  Weitzel feels this is an issue more for the Township Board the Planning Commission since it is a violation of the Township Noise Ordinance.  The Township ORC feels the line in the noise ordinance stating that the ordinance will be enforced should be stricken so it gives the Clinton County Sheriff the power to enforce the Township Ordinances.  Kramp feels the enforcement should be enforced by the Township not the Sheriffs office.

 

Zay asked how many people can reside in the home before it becomes a fire hazard.  Polverento suggested that would be a question for the Township Building Inspector.  Zay asked about the fine schedule and if they have ever been ticketed.  Polverento responded that they have not been ticketed in the past.  Turcotte does not understand why a citation has not been issued based on the records and the discussion of the neighbors. Turcotte feels it should be issued on the records from the County Sheriffs office.


B.        Zoning Complaints, anonymity of complainer

Turcotte feels this is an administrative action to be taken by the Planning Director and how she would like to run her office.  Maahs supports Polverento making that decision. Zay recommended that Polverento discuss this issue with the Township Attorney.

 

IX.        Committee and Staff Reports - None

            A.   Executive Committee Report - None

B.   Ordinance Review Committee Report – DRAFT Minutes 4/25/07

C.  Site Plan Review Committee Report - None

DBoard of Trustees Report - DRAFT Minutes (4/16/07) – Maahs presented the Board of Trustees Report.

E.   Zoning Board of Appeals - None

F.   Non-Motorized Circulation Plan Committee Report – Update, two new members have been appointed.

G.  Environmental Affairs Committee Report - None

H.   Capital Improvements Committee Report - None

I.    Staff Report -

1.      Assistant’s Report - April 2007

2.      Director’s Report - April 2007

3.      Form-Based Code Seminar Report

 

X.         Comments and Questions from Audience, Staff and Commissioners

                                                                       

XI.        Adjournment

 

MOTION by MAAHS and seconded TURCOTTE by to adjourn the meeting.

Passed unanimously

 

 Meeting was adjourned at 9:35 p.m.

 

Date approved: 

 

 

_____________________________              _____________________________

Doug Fleming, Vice-Chair                              Donald Hartwick, Secretary