PLANNING COMMISSION MINUTES
January 6, 2003
A meeting of
the Vergennes Township Planning Commission was held on January 6, 2003 at the
Township Offices. At 7:00 PM the
meeting was called to order by Chairman Jernberg. Also, present were Commissioners Gillett, Mastrovito, Medendorp,
Richmond and Kropf. Absent was
Nauta. Also in attendance were Zoning
Administrator Jeanne Vandersloot, Township Planner Jay Kilpatrick, and Township
Supervisor Tim Wittenbach.
APPROVAL
OF DECEMBER 16, 2002 MINUTES: Motion to approve by Gillett, seconded by
Kropf. All approved.
APPROVAL
OF/CHANGES TO AGENDA: Motion to approve the agenda by Medendorp,
seconded by Gillett. All approved.
1.
ORDINANCE
AMENDMENTS – PUBLIC HEARING
Special Exception Use Section
Chairman Jernberg explained that due to a mix-up the Lowell Ledger did
not publish the second hearing notice in time for tonight’s public
hearing. By State law the public notice
must run for two separate time spans.
Jernberg opened the floor for comments but no decision or votes will be
taken tonight.
Motion by Gillett that if there are no public comments
this item be tabled until the next meeting and until the notice can run for the
two required time spans in the Lowell Ledger, seconded by Richmond. All approved.
2.
ORDINANCE
AMENDMENTS
a.
Septic
Waste and Sludge Disposal – Update Discussion
Jay Kilpatrick: Reporting back as discussed at the last meeting. Currently, the State mandates sludge haulers and the Planning Commission asked for options for the Planning Commission to have authority. It is probable that you can establish standards but be prepared to administer and enforce otherwise duplicating state standards. If you leave it to the State it takes the authority out of the Planning Commission. There is a provision in the existing statute that before haulers can haul sludge they must be pre-approved and can only haul to designated sites. Jay could not find any pre-approved sites in Vergennes Township but will investigate further. Jay thinks taking this may take too much time and effort whereas the current State regulations allow ten days to file an injunction or look at the site.
Jernberg: Not sure we want to go down that path.
Medendorp:
Can we restrict totally?
Jay:
No, the State regulations supercede local and since it is State
regulated you could not restrict completely from the Township.
Comments: Baird - would be inclined to
not allow this in our township.
Motion by Gillett to have Jay research if there any pre-approved sites in the Township
and update next month, seconded by Kropf.
All approved.
b.
Home
Businesses – Proposed Amendments
Jeanne Vandersloot: Jeanne reviewed proposed changes to the Home Business Ordinance. Main changes include clarification of language; changing “article” to “chapter;” remove language regarding Fire Prevention codes and OSHA rules, which may or may not apply; “no signs or device” to “additional” because they are allowed one sign; remove “waiver of fee” because it does not apply;
Jay Kilpatrick: Reviewed and made recommendations to Jeanne’s proposed changes. This is a big improvement; it is cleaner and more predictable in approach. He made some tweaking to the language. The proposed amendments are a good improvement but there needs some changes before approval.
Jay: Reviewed Jim Dozema's suggestions. Jim suggested some inserts regarding permits and legalese. Suggested the agreement the applicant is to sign a “form” instead of an agreement. Also should add that once the permit is approved and the form signed, if anything deviates from rules they can revoke the permit. These changes support what Jeanne is trying to do.
Jeanne: Called Jim about a date of the ordinance or date of changes and Jim suggested using February 1, 2003.
Medendorp: Are there any limitations to an accessory building? If someone has a large lot can they put up a building?
Jeanne: This ordinance does not
stop that, they would follow the accessory building section.
Jernberg: If the business becomes bigger than original permit it can be revoked.
Jay: It has to be incidental to
the permit and they would have to scale back or move to industrial spot.
Mastrovito: Do all home based
businesses have to have a permit?
Jay: That's the intention of
this. Yes they would be required to get
a permit.
MOTION by Gillett
for Jay Kilpatrick and Jeanne Vandersloot to clean up the proposed amendments
with Jim's comments and will review again in February and put to a public
hearing, seconded by Mastrovito. All
approved.
3.
Informal
Presentation – Jim Kegle, Proposal for Alden Nash Property
Tim Woodens, Civil
Engineer: Here tonight to talk about
what is needed to build an apartment complex on the land. This would require land use change and rezoning from R1 to R3 with a PUD specifically for
this project. The site is 25 acres and
we are looking to build 144-150 units on the site with two-story buildings, 16
units per building, parking and the remainder of land left for open space
purpose. We would be able to
accommodate the trailway. Regarding
sanitary sewer issues, met with Mr. Timpson, Lowell Township, and under the
right circumstances he is willing to provide a guarantee to sewer
capacity. Tim is here tonight to answer
questions and show where they are headed and hopefully come back with a site
plan presentation and application.
Gillett: You’re not asking for
rezoning, you’re asking to rezone to do the PUD?
Jay: This would be a parallel
process for R1 to R3. Remember PUD is a
special exception use and rezoning is a map amendment.
Gillett: What did he mean by
"under right circumstances?'
Kegle: Only for that project,
not to sell the rights to another developer
Woodens: Would be specific for
the project.
Jernberg: Asked Jay to walk
through parallel process.
Jay: Straight rezoning to R3
you do not want to do. Tonight is a
pre-pre-approval. If going forward, you
will rezone to R3 subject to special exception use to PUD. Both require a public hearing and Township
approval. PUD has language to require a
performance guarantee, which financially you get what you approve or rescind
the approval. You approve to rezone and
approve for special exception use at the same time. Mr. Kegle volunteered to provide a deed restriction.
Jernberg: Is that required?
Jay: No, and rare.
Mastrovito: It’s going from low
density to high density, it's going to R3.
Jay: Sometimes an area does not
easily transition from one density to the next. One issue to see addressed is how to protect nearby lower density
from the higher density proposed for the site.
Medendorp: What size are the
units?
Kegle: The smallest is 750
square feet, largest 1,100 square feet.
Woodens: 1-2 bedrooms
Jernberg: The Planning
Commission has to weigh out where it's sitting compared to what’s around
it.
Jay: They (Kegle) needs to
decide if they want to go forward, then the pre-application process, and show
how they came up to 150 units using a test density plan. You should have the plan in front of you
before going to public comments. They
have to decide if they want to go forward and we can help them through the
pre-application process.
Woodens: We appreciate your
time and comments.
Motion to
adjourn by Gillett, seconded by Mastrovito.
The next
meeting is February 3, 2003.
The meeting
was adjourned at 8:15 PM.
Respectfully
submitted,
Cindy
Sullivan, Recorder