PLANNING COMMISSION
Wednesday, September
6, 2006-
CALL TO ORDER: Meeting Called to order at
ROLL CALL: Chair Jerry Bergman, Commissioners: Doug Periard, Cristal Guinan, Ron Send, Shirley Wall, And Tom Nixon. Absent Don Gregory, Jeff Corbin and Jon Walter. Quorum Established.
Bergman stated that Send had only missed two meetings.
STAFF PRESENT: Rochelle Rollenhagen and Steve Patmore.
GUESTS: There were 9 guests present.
APPROVAL OF THE AGENDA:
MOVE BY GUINAN
SUPPORT BY NIXON TO APPROVE THE AGENDA AS AMENDED.
AYES 6, Nays-0,
Absent-3 Motion Carried
APPROVAL OF THE
MINUTES: Bergman stated that the
Wall noted that the minutes of
MOVE BY NIXON SUPPORT
BY GUINAN TO APPROVE THE MINUTES AS CORRECTED.
AYES 6, Nays-0,
Absent-3 Motion Carried
PUBLIC COMMENT: None
PUBLIC HEARING-TO CONSIDER A REQUEST TO CONDITIONALLY REZONE PARCEL 45-011-029-015-00 located at 9496 E. Stone House Road from the Agricultural District to Residential Zoning District, with the condition that development would be done under provisions of Article X, Open Space Residential Developments and limited to 20 residential units, submitted by Vincent Bertram.
Chairman Bergman explained the Public Hearing procedure to the audience
Zoning Administrator Patmore gave the history of the
proposal. He stated initially the
applicant made the request to rezone in December of 2005. This proposal was based on the condition to
limit the project to 20 units. The
application was heard in March and April where it was not recommended for a
rezone.
Patmore presented additional items for consideration.
· Gosling Czubak analysis of slopes
· Letter from attorney Bowerman representing the applicant.
· Letter from Ralph Steimel asking that the request be denied.
Attorney Kurt Bowerman spoke on behalf of the applicant. He compared the project to the Walter project that was approved for a rezone previously by the commission. He added that the proposal was consistent with the Master Plan and was not productive farmland. He added that adjacent agricultural property was not being farmed either. He ended with “similar properties should be treated similar”.
Public Hearing
Opened:
Ray Pezzi,
Public Hearing Portion Closed:
Commission Member
Discussion:
Commission member Nixon asked if the attorney letter was available for review. He stated that that the commission members should be able to review the letter as well as the findings of facts presented. Nixon requested that a legal opinion be asked regarding deed restrictions and whether the commission needed to take questions such as this under consideration when granting a rezone.
MOVE BY SEND SUPPORT
BY NIXON TO POSTPONE THE REMAINDER OF THE PUBLIC HEARING UNTIL NEXT MONTH.
AYES 6, Nays-0,
Absent-3 Motion Carried
Public Hearing-Housekeeping
–Zoning Ordinance Amendments:
Text amendments to Article III, and Article IV that removes Cluster Housing as a special use in the Agricultural District and allows it as a Use Permitted with Conditions was presented for Public Hearing. Planner Rollenhagen stated that the text amendment that provided for Office Transition District was withdrawn due to the filing of petitions for a referendum on the proposed district.
Public Hearing Opened: No comments
Public Hearing Closed:
MOVE BY WALL SUPPORT
BY PERIARD TO FORWARD THE TEXT AMENDMENTS TO COUNTY PLANNING FOR REVIEW AND
ONTO THE TOWNSHIP BOARD FOR APPROVAL.
AYES 6, Nays-0,
Absent-3 Motion Carried
Items for
consideration:
Office Transition
District-County Planning Comments:
Rollenhagen stated a petition was submitted and signatures verified to place a referendum on the February ballot. Rochelle suggested that the commission look at some of the suggestions made by county planning and incorporate them into the language.
Chris Branson stated he was made aware that those that sought signatures for this referendum may have used an “incorrect” map showing the office transition district. The commission agreed that the township needed to provide a fact sheet with the correct information and a proper map.
MOVE BY NIXON SUPPORT
BY SEND TO DIRECT STAFF TO PREPARE A FACT SHEET AND INFORMATION TO CORRECT THE
MISINFORMATION THAT HAS BEEN PROVIDED WITH A COPY OF THE SAME BEING SENT TO THE
TOWNSHIP ATTORNEY FOR REVIEW; AND TO HOLD INFORMATIONAL MEETINGS FOR THE PUBLIC
PRIOR TO THE REFERENDUM.
AYES 6, Nays-0,
Absent-3 Motion Carried
Master Plan-Intent
to Plan:
Rollenhagen a letter of intent to plan has been drafted and will be sent to the neighboring townships and County.
Draft Junk
Ordinance:
Rochelle stated she was working a stand alone junk ordinance
for Bingham and wanted the commission member thoughts on an ordinance for
Planning
Commission Priorities:
The commission members discussed the following priorities and prioritized as follows:
1. Buffering/Landscaping
Reports:
Zoning
Administrator:
Patmore presented his written report. He stated land Use permits were picking up.
Planner:
Rollenhagen stated that the by-laws will be ready for adoption next month.
Zoning Ordinance Committee: No Report
Township Board Report: No Report
Chairman’s Perspective: No report
Commissioner
Comments: Wall discussed the
Lake Michigan Forum Initiative information.
PUBLIC COMMENT:
Comments were heard from Ken Walters regarding Stonehouse Road Right of Way.
MOVE BY GUINAN
SUPPORT BY NIXON TO ADJOURN THE MEETING
AYES 6, Nays-0,
Absent-3 Motion Carried
Meeting Adjourned at
Respectfully Submitted
Dorothy Petroskey
Recording Secretary