PLANNING COMMISSION MEETING
MINUTES
Wednesday June 4, 2008
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 Francis McNamara – present
Donald Hartwick – absent
Craig Landes – present
John Maahs – present at 7:05 pm
Ronald Overton – present
Richard Turcotte – arrived at 7:50 pm
Ulrika Zay – present
Charles Openlander – present
Beth Ball - present
Also present – Andrea Polverento, Planning Director and Amy Kinney, Planning Assistant.
II. Communications Received –
Polverento outlined the correspondence given to the Planning Commission members. .
III. Agenda Approval
MOTION by LANDES and seconded by OPENLANDER to approve the agenda as presented.
Passed unanimously
IV. Public Comment – Non-Agenda Items
Melissa Freeman who is running for Township Clerk introduced herself.
V. Approval of Minutes
MOTION by MAAHS and seconded by LANDES to approve the minutes of 5/7/08 as amended.
Passed unanimously
Public Hearings - None
Unfinished Business
A. Case #07-16 TXT – Keeping of Animals – Wild/Exotic Animals and Commercial
Game Breeding Operations.
Polverento explained that the ORC took into consideration the issues raised at the public hearing regarding the intent of the ordinance versus the language. New language was discussed, trying to incorporate an exemption for educational institutions and game animals with official licensed hunting seasons.
Section 28-570 Proposed Item E:
(1) Wild animals shall be defined for the purposes of this section as including, but not limited to lions, tigers, bears, lynx, bobcats, poisonous fish, insects, arachnids and any other life form animal lethal to humans and not normally capable of being completely domesticated.
(2) The hunting, trapping, keeping, selling, boarding, possession and maintenance of wild animals as described in this section shall be prohibited in all zoning districts with the following exceptions:
(a) The keeping of the wild animal(s) for the treatment of injuries must be carried out by a veterinarian licensed by the State of Michigan.
(b) The keeping of the wild animal(s) is within a public or private zoo, wildlife
park or preserve, or state hunting preserve.
(c) The keeping of the wild animal(s) is part of a commercial game breeding operation as licensed by the state department of natural resources. A commercial game breeding operation is allowed by Special Land Use Permit in the Agricultural Preservation and Agricultural Zoning Districts only.
(d) The keeping of the wild animal(s) is part of a special event, such as a circus
or carnival as appropriately licensed by the State of Michigan.
(e) The keeping of the wild animal(s) as part of an educational program at a public or private school.
(f) The hunting of the wild animal(s) as licensed by the state department of
natural resources.
Section 28-178 (AP Special Land Uses) Proposed Item 15:
(15) Commercial Game Breeding Operations
Section 28-199 (AG Special Land Uses) Proposed Item 20:
(20) Commercial Game Breeding Operations
Zay would like trapping added to (f) to read hunting or trapping. Zay feels that invasive animals and plants should be included too as being prohibited.
Discussion took place about the proposed language. Overton asked the Commissioners if they like the new changes that are proposed.
Zay
asked that since this ordinance was suggested by a BOT member would it be appropriate to send a draft of this to the BOT to be discussed. Overton is uncomfortable with that because it is not the normal procedure.MOTION
by TURCOTTE and seconded by OVERTON that the Planning Commission hold a public hearing at the next scheduled meeting regarding the proposed amendments to the keeping of animals, sections 28-570 (e), 28-178 (15) and 28-199 (20) of the Zoning Ordinance as are described in Case # 07-16 TXT. With the suggested changes on (f)Passed unanimously
B. Case #07-16 TXT –
Large Animals, Lot Size Requirements
Zay feels this is a vast improvement on the current language.
Section 28-570 Keeping of Animals
(2) The keeping and raising of large animals, including but not limited to horses, cows, pigs, or bison kept as part of a farming operation shall be permitted on parcels zoned AP, AG, RR, and LI. Large animals raised and kept as part of a farming operation shall maintain compliance with the rules, regulations and accepted management practices established by the state department of agriculture and applicable state laws. shall be limited to one such animal for the first two acres, and one additional animal for each full acre over two. On lots exceeding ten (10) acres, no such limitations shall apply. No large animals shall be permitted on parcels zoned R-1, R-2, R-3, VSC, B-1 or B-2.
(3) The keeping of such animals listed in subsection (2) above, shall be limited to the following districts:
AP - Agricultural Preservation
AG - Agricultural
RR - Rural Residential
LI - Light Industrial
MOTION by LANDES and seconded by ZAY that the Planning Commission hold a public hearing next scheduled meeting regarding the proposed amendments to the Keeping of Animals section of the Zoning Ordinance as they relate to lot size requirements and are described in Case # 07-16 TXT.
Passed unanimously
C. Case #08-02 TXT – Wind Turbine Zoning Regulations
The ordinance review committee discussed the development of zoning regulations for wind turbines at their last meeting. A longtime resident and farmer had been approached regarding leasing his land for a company to put up large (350’) wind turbines. With this development, and the recent variance request, as well as Granger’s long term plans for the landfill, it seems that now is the time to begin developing regulations for both small, residential scale turbines, and large, grid scale turbines.
Polverento feels there are likely many other issues related to wind turbines that will need to be considered carefully. Polverento thinks the best course of action is to either give the task of developing sample guidelines to either the ORC, or to set up an ad-hoc committee to develop guidelines for the Planning Commission as a whole to review.
Polverento attached the sample zoning guide from the state and MSUE. Polverento also attached a few sample ordinances for the Commissioners to review.
Discussion took place regarding Wind Turbines and what type of regulations need to be in place. Discussion took place about setting up an ad hoc committee.
MOTION by OVERTON and seconded by TURCOTTE that the Planning Commission recommend that the ORC develops suggested language regulating wind turbines within the Township.
Passed unanimously
MOTION by ZAY and seconded by MAAHS that the discussion on solar energy be referred to the ORC to explore Ordinance language.
Passed unanimously
VIII. New Business
Case #08-02 SPR – 5542 W. Grand River Ave., Wolverton.
Polverento explained that the applicant is requesting Site Plan Review approval for an addition to an existing industrial warehouse facility. The proposed structure will be attached to the north side of the existing building, and the proposal is for a building 312’ x 298’, with a total area of 90,480 square feet. In addition, a loading dock 130’ x 13’ is also proposed. The property in question is located on the north side of Grand River Avenue, just east of National Parkway and the FedEx facility.
Commissioners discussed landscaping buffer and what is currently in place at the facility.
Maahs asked Polverento if sound and headlight issues would penetrate through to the north part of State Rd. Polverento responded that she does not anticipate an issue with that. There is only one residence along that area and the home is fronted with large pine trees.
Openlander viewed the site using State Rd and he had a hard time finding the building and feels there will be no problems with noise or lights as the brush and trees are dense in that area.
Overton is concerned about the buffering disappearing due to further action in the future and feels that maintaining the buffer might need to be a condition of approval.
Discussion took place about the concern of the Clinton County Drain Commissioner.
Jerry Cook from Jerico Construction general contractor for the project was present.
Polverento asked Cook about the fire hydrant that must be moved and relocated. And where it will be moved to. Cook responded there will be one on each existing corner of the building on the inside of the driveway. Overton would like plans that show where those hydrants will be.
The following standards are taken from Division 2 of the Zoning Ordinance, and are the basis for review by both Township staff, the Site Plan Review Subcommittee and the Planning Commission. Staff and the Site Plan Review Subcommittee have reviewed each standard, and suggests the following conclusions:
A. The uses proposed will not adversely affect the public health, safety, or welfare. Uses and structures located on the site shall take into account topography, size of the property, the uses on adjoining property and the relationship and size of buildings to the site. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this Ordinance.
Complies Does not Comply Condition of Approval Not Applicable
Comments: The proposed use should not affect the public health, safety or welfare nor should it impede the orderly development of surrounding property.
B. Safe, convenient, uncontested, and well-defined vehicular and pedestrian circulation shall be provided for ingress/egress points and within the site. Drives, streets and other circulation routes shall be designed to promote safe and efficient traffic operations within the site and at ingress/egress points.
Complies Does not Comply Condition of Approval Not Applicable
Comments: The proposed expansion includes the construction of a 24’ wide, "U" shaped access drive that will provide for safe and efficient traffic within the site.
C. The arrangement of public or private vehicular and pedestrian connections to existing or planned streets in the area shall be planned to provide a safe and efficient circulation system for traffic within Watertown Charter Township.
Complies Does not Comply Condition of Approval Not Applicable
Comments: The proposed expansion includes an interior drive as indicated above, but does not include any changes to ingress/egress from Grand River Avenue, and should not impact the efficient circulation of traffic along that route.
D. Removal or alteration of significant natural features shall be restricted to those areas which are reasonably necessary to develop the site in accordance with the requirements of this Ordinance. The Planning Commission, or Township Board when considering the site plan as part of an application for a Special Land Use, may require that landscaping, buffers, and/or greenbelts be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.
Complies Does not Comply Condition of Approval Not Applicable
Comments: The intended use will not impact any significant natural features. Landscaping buffers may be required on the north side of the proposed development. [Suggested Condition #8]
E. Areas of natural drainage such as swales, wetlands, ponds, or swamps shall be protected and preserved insofar as practical in their natural state to provide areas for natural habitat, preserve drainage patterns and maintain the natural characteristics of the land.
Complies Does not Comply Condition of Approval Not Applicable
Comments: The proposed use shall comply with the requirements of the Clinton County Drain Commissioner and written approval shall be submitted [Suggested Condition #2].
F. The site plan shall provide reasonable visual and sound privacy for all dwelling units located therein, and adjacent thereto. Fences, walls, barriers, and landscaping shall be used, as appropriate, to accomplish these purposes.
Complies Does not Comply Condition of Approval Not Applicable
Comments: There is currently a chain link security fence surrounding the building on the property. It is suggested that the fencing will be relocated along the road right-of-way on the site plan. [Suggested Condition #8 & #11]
G. All buildings and groups of buildings shall be arranged so as to permit reasonable necessary emergency vehicle access as requested by the Fire Department serving the Township.
Complies Does not Comply Condition of Approval Not Applicable
Comments: The proposed use appears to be arranged so as to permit reasonable necessary emergency vehicle access. The proposed use shall comply with the requirements of the Looking Glass Regional Fire Authority and written approval shall be submitted [Suggested Condition #4].
H. All streets and driveways shall be developed in accordance with the Township Subdivision Control Ordinance, the Clinton County Road Commission, or Michigan Department of Transportation specifications, as appropriate, unless developed as a private road in accordance with the requirements for private roads in this Ordinance. Except that the Planning Commission, or Township Board when considering the site plan as part of an application for a Special Land Use, may impose more stringent requirements than those for the Road Commission or Michigan Department of Transportation with respect to driveway location and spacing. In addition, sidewalks or similar walkways may be required if determined to be necessary or appropriate for pedestrians and non-motorized vehicles.
Complies Does not Comply Condition of Approval Not Applicable
Comments: The proposed expansion does not include any new roads, sidewalks or driveways.
I. Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate storm water, prevent erosion and the formation of dust. The use of detention/retention ponds may be required. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create puddles in paved areas. Catch basins may be required to contain oil filters or traps to prevent contaminants from being discharged to the natural drainage system. Other provisions may be required to contain runoff or spillage from areas where hazardous materials are stored, or proposed to be stored.
Complies Does not Comply Condition of Approval Not Applicable
Comments: The proposed use shall comply with the requirements of the Clinton County Drain Commissioner and written approval shall be submitted [Suggested Conditions #2 & #3]. Regarding the Drain Commissioner’s comments that the addition will cover an existing 36" storm line, the Township agrees that the line is private and strongly suggests but does not require relocating the line. Any liability for future problems which may occur as a result of covering the storm line are solely that of Wolverton, Inc. [Suggested condition #10]
J. Exterior lighting shall be arranged so that it is deflected away from adjacent properties and so that it does not interfere with the vision of motorists along adjacent streets. Lighting of buildings or structures shall be minimized to reduce light pollution and preserve the rural character of the Township.
Complies Does not Comply Condition of Approval Not Applicable
Comments: The outdoor lighting shown on the site plan must conform to Section 28-577b. [Suggested Condition #1].
K. All loading and unloading areas and outside storage areas, including areas for the storage of trash, which face or are visible from Residential Districts or public streets, shall be screened by a vertical screen consisting of structural or plant materials no less than six (6) feet in height. The finished side of any wall, fence, or other screen shall face adjacent properties.
Complies Does not Comply Condition of Approval Not Applicable
Comments: The loading docks are not visible from the street, nor do they abut any residential districts. The dumpster for the building is not expected to move and it is currently not visible from the street.
L. Entrances and exits shall be provided at appropriate locations so as to maximize the convenience and safety for persons entering or leaving the site. The number of entrances to and exits from the site shall be determined with reference to the number of dwelling units or other land uses within the site, the nature and location of the surrounding streets, the effect of traffic in the area, nearby topography, and other factors.
Complies Does not Comply Condition of Approval Not Applicable
Comments: No new entrances or exits from the site are proposed.
M. Site plans shall conform to all applicable requirements of County, State, Federal, and Township statutes and ordinances. Approval may be conditioned on the applicant receiving necessary County, State, Federal, and Township permits before final site plan approval or an occupancy permit is granted.
Complies Does not Comply Condition of Approval Not Applicable
Comments: This is a regular requirement of all applicants and will become a part of Site Plan Review Approval [Suggested Condition #7].
N. Appropriate fencing may be required by the Planning Commission, or Township Board when considering the site plan as part of an application for a Special Land Use, around the boundaries of the development if deemed necessary to minimize or prevent trespassing or other adverse effects on adjacent lands.
Complies Does not Comply Condition of Approval Not Applicable
Comments: Security fencing will be relocated along the road right-of-way.
O. The general purposes and spirit of this Ordinance and the Comprehensive Development Plan of Watertown Charter Township shall be maintained.
Complies Does not Comply Condition of Approval Not Applicable
Comments: The proposed use is consistent with the goals of the Comprehensive Development Plan (CDP) for industrial areas in the Township. The intended use is not expected to create hazards, offensive or loud noises, or excessive vibration, smoke or glare.
MOTION by OVERTON and seconded by MAAHS that the Planning Commission concur with staff recommendation for the site plan review standards for Case #08-02 SPR as amended as being in compliance with the Watertown Charter Township Zoning Ordinance.
Passed Unanimously
MOTION by OVERTON and seconded by MAAHS that the Planning Commission approve the site plan for Case #08-02 SPR for Wolverton as being in compliance with the provision of the Watertown Charter Township Zoning Ordinance with conditions 1 through 11
Passed Unanimously
A. Applicant tasks to receive Site Plan Approval:
1. Any lighting proposed on the site shall conform to the requirements of
Section
28-577b. of the Watertown Charter Township Zoning Ordinance.
2. The applicant shall comply with the requirements of Clinton County Drain Commissioner and submit written approval.
3. The applicant shall comply with the requirements of the Clinton County Soil Erosion Control Officer and submit written approval.
4. The applicant shall comply with the requirements of the Looking Glass Regional Fire Authority and submit written approval and any changes be reflected on the final site plan.
5. The applicant shall comply with the requirements of the State Building Code.
6. The applicant shall comply with the requirements of the Township Engineer, Capital Consultants Design Works A/E.
7. The applicant shall comply with all other applicable Federal, State, County and Township laws.
8. The applicant shall comply with the requirements of Section 28-693, Required Buffer Zones, of the Watertown Charter Township Zoning Ordinance to the satisfaction of the Zoning Administrator.
9. The applicant shall comply with the requirements of the Southern Clinton County Municipal Utilities Authority.
10. The applicant is choosing to cover an existing private 36" storm line, which the Township strongly suggests but does not require relocating. Covering the line may be done at the applicant’s own risk. The Township does not accept responsibility for any future problems which result from the line being covered and are solely the responsibility of the applicant.
11. New and relocated fencing shall comply with requirements of the Watertown Charter Township Ordinance.
B. Applicant tasks to receive a Zoning Permit [pursuant to Section 28-48]:
1. Provide three (3) copies of the final approved site plan to the Planning & Zoning Department.
C. Applicant tasks for the issuance of a Certificate of Compliance [pursuant to Section 28-48]:
Comprehensive Development Plan Update
Eight proposals were received before the deadline of May 16, 2008. Proposals were received from Birchler Arroyo Associates, Carlisle/Wortlan Associates, Inc, LANDPLAN, Inc, Madill Consulting, McKenna Associates, Inc, Mead & Hunt and Wade Trim.
Polverento explained that overall, the proposals were very good. The CDP Update committee met last week and reviewed each proposal. The top three were determined based on the criteria established in the RFP. The criteria used to evaluate the proposals included: Key staff and qualifications, examples of recent work, quality of proposal, and estimated costs
The top three were determined to be Birchler Arroyo, McKenna, and Mead and Hunt. They had a clear understanding of the task, experience working in the area or in similar size communities, and the costs were very similar. While the other proposals were also good, a number of issues contributed to not being chosen. For example, the most expensive proposals and those which did not provide all the information we had requested did not rate as high.
The CDP Update committee felt the best course of action was to set up a special meeting (the week of June 23-27 if possible) to ask the top three candidates to make a presentation to the PC, and make a recommendation to the Township Board at that time.
Discussion took place about why the lowest priced proposal was not chosen as one of the top three.
Passed Unanimously
C. Discuss August meting dates for joint meeting with BOT for Non-Motorized Circulation Plan
Polverento explained that the plan is almost completed with a final draft to present to the Board of Trustees. Suggested meeting dates are August 11, 12 or 14.
IX. Committee and Staff Reports
A. #9; Executive Committee Report – None
B. Ordinance Review Committee Report – Draft minutes 5/20/08
C. Site Plan Review Committee Report – Report of meeting 5/12/08
D. Board of Trustees Report - DRAFT Minutes 5/19/08– Maahs presented the Board of Trustees Report.
E. Zoning Board of Appeals - None
F. Non-Motorized Circulation Plan Committee Report – report of meeting 5/21/08
G. Environmental Affairs Committee Report - None
H. Capital Improvements Committee Report – None
I. Comprehensive Development Plan Update Committee – Report of meeting 5/28/08
J. Staff Report -
1. Assistant’s Report – May 2008
2. Zoning Administrator’s Report – May 2008
Comments and Questions from Audience, Staff and Commissioners- None
XI. Adjournment
MOTION by MAAHS and seconded by OPENLANDER to adjourn the meeting.
Passed unanimously
Meeting was adjourned at 9:30 p.m.
Date approved:
_____________________________ _____________________________
Ron Overton, Chair Beth Ball, Secretary