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OSHTEMO CHARTER TOWNSHIP

PLANNING COMMISSION

November 1, 2001

Revised Pursuant to Planning Commission - November 15, 2001

Agenda

FENCE REGULATIONS - PUBLIC HEARING - TEXT AMENDMENT

SITE PLAN REVIEW - PUBLIC HEARING - TEXT AMENDMENT

AGRICULTURAL DISTRICT AND RURAL RESIDENTIAL DISTRICT - FINAL REVIEW OF TEXT AMENDMENT

FINAL DRAFT OF VARIOUS AMENDMENTS RELATED TO THE AGRICULTURAL DISTRICT AND RURAL RESIDENTIAL DISTRICT - FINAL REVIEW

MASTER LAND USE PLAN AND FUTURE LAND USE PLAN AMENDMENTS

DIMENSIONAL REQUIREMENTS - TEXT AMENDMENT - WORK ITEM

ZONING MAP AMENDMENTS - WORK ITEM

DAY CARE IN THE "R-3" RESIDENCE DISTRICT

A meeting was conducted by the Oshtemo Charter Township Planning Commission on Thursday, November 1, 2001, commencing at approximately 7:00 p.m. at the Oshtemo Charter Township Hall.

MEMBERS PRESENT: Neil G. Sikora, Chairperson
Ted Corakis
Kathleen Garland-Rike
Stanley Rakowski
Deborah Everett
James Turcott

MEMBER ABSENT: Elizabeth Heiny-Cogswell

Also present were Jodi Stefforia, Planning Director; Mary Lynn Bugge, Township Planner; Patricia R. Mason, Township Attorney; and two other interested persons.

CALL TO ORDER

The meeting was called to order at 7:02 p.m.

AGENDA

Mr. Corakis moved to approve the Agenda as submitted. Mr. Rakowski seconded the motion, and the motion carried unanimously.

MINUTES

The Planning Commission considered the minutes of the meeting of October 18, 2001. After discussion, Mr. Rakowski moved to approve the minutes as submitted, and Mr. Turcott seconded the motion. The motion carried unanimously.

FENCE REGULATIONS - PUBLIC HEARING - TEXT AMENDMENT

The Planning Commission next resumed public hearing on a proposed Zoning Ordinance amendment to establish provisions regarding placement and height of fences. The item was tabled at the meeting of October 18, 2001. The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Bugge suggested revision to the proposed language of Section 78.815 to eliminate confusion as to fences placed on corner properties. The language would read:

"On corner properties, no fence over thirty (30) inches in height shall be placed within twenty (20) feet of the intersection of the abutting street rights-of-way or easements which interferes with traffic visibility across the corner."

There was no public comment on the item, and the public hearing was closed.

Ms. Garland-Rike moved to recommend approval of the text amendments to Sections 11.302 and 78.000, with the suggested revision to Section 78.815 B. Mr. Rakowski seconded the motion. The motion carried unanimously.

SITE PLAN REVIEW - PUBLIC HEARING - TEXT AMENDMENT

The Planning Commission resumed public hearing on a proposed text amendment to Section 82.900 to renumber existing provisions and add a requirement for applicants to provide as-built or certified drawings prior to issuance of a certificate of occupancy. The item had been tabled from the meeting of October 4, 2001.

Ms. Bugge reported that she had been gathering information from a township which had a similar requirement and suggested that the item be tabled again so as to provide her with time to finalize her proposed revisions to the language.

Mr. Rakowski moved to table the public hearing to the meeting of January 10, 2002. Mr. Corakis seconded the motion, and the motion carried unanimously.

AGRICULTURAL DISTRICT AND RURAL RESIDENTIAL DISTRICT - FINAL REVIEW OF TEXT AMENDMENT

The Planning Commission made a final review of the proposed text of the Agricultural and Rural Residential Districts.

The Planning Commission reviewed Draft 5 of the text of the new Agricultural District to be numbered compiled section 19.000, et seq. There was discussion of the revision proposed by the Planning Department regarding Section 19.202 which would allow for the establishment of one dwelling for each 200 feet of continuous public road frontage and three acres of land. This would allow for the establishment of more than one home and for compliance with the dimensional requirements should the property be rezoned to the Rural Residential District.

There were questions with regard to how this would impact on the status of the second home for ad valorem property tax purposes. The Township Attorney indicated that she would look at this issue and advise.

Mr. Corakis moved to schedule a public hearing on the proposed text of the Agricultural District for the meeting of December 6, 2001. Mr. Turcott seconded the motion, and the motion carried unanimously.

The Planning Commission discussed Draft 6 of the proposed Rural Residential District. The existing Agricultural-Rural District would be amended to include the proposed provisions.

Ms. Garland-Rike discussed the Statement of Purpose, indicating that she would like to see an emphasis on open space development in the District. Ms. Stefforia responded that the Planning Commission would work on open space provisions next year. This would include development of provisions which would preserve "meaningful" open space.

After further discussion, Mr. Corakis moved to schedule public hearing on the proposed text for December 6, 2001. Mr. Turcott seconded the motion, and the motion carried unanimously.

FINAL DRAFT OF VARIOUS AMENDMENTS RELATED TO THE AGRICULTURAL DISTRICT AND RURAL RESIDENTIAL DISTRICT - FINAL REVIEW

The Planning Commission reviewed a final draft of text amendments to various Zoning Ordinance provisions related to the changes proposed for the Agricultural District and Rural Residential District. Principally, these amendments related to removing farm operations from other than the Agricultural District. Ms. Bugge noted that "R-1" should be added to Section 64.750 A and B. Ms. Garland-Rike suggested some revisions to correct typographical errors.

After further discussion, Mr. Corakis moved to schedule a public hearing on the proposed amendments for December 6, 2001. Mr. Rakowski seconded the motion, and the motion carried unanimously.

MASTER LAND USE PLAN AND FUTURE LAND USE PLAN AMENDMENTS

The Planning Commission reviewed the Future Land Use Plan Map and the proposed amendment thereto, as well as Draft 4 of the Master Land Use Plan amendment suggested for the Rural Residential land use classification. The Reports of the Planning and Zoning Department are incorporated herein by reference.

After discussion, Mr. Rakowski moved to schedule a public hearing on the items to the meeting of December 6, 2001. Ms. Garland-Rike seconded the motion, and the motion carried unanimously.

DIMENSIONAL REQUIREMENTS - TEXT AMENDMENT - WORK ITEM

The Planning Commission considered Draft 3 of the dimensional requirement scenarios for the Agricultural and Rural Residential Districts. The Report of the Planning and Zoning Department is incorporated herein by reference. There was discussion of the notation on the Planning Department's Report that the intention was that boundaries of the Rural Residential District would follow availability of both sanitary sewer and water. Therefore, Rural Residential zoning was appropriate where sanitary sewer and/or water were not available.

It was recognized that in every zoning district, currently, unplatted parcels are required to be 50,000 square feet regardless of utilities. Concerning platted lots and site condominium units, a minimum area of 30,000 square feet is required where neither water nor sewer is available; 10,560 square feet when both water and sewer are provided is required. The Master Land Use Plan provides that the western two-thirds of the Township be rural; however, the current Ordinance does nothing to direct the more intense development to the "R-2" Residence District rather than the "AG" or Rural Residential District. The consensus of the Planning Commission was that the Master Land Use Plan was supported, and therefore, it was undesirable to have the same densities in the western portion of the Township. "R-2" Residence District would be utilized where both water and sewer are available.

In discussing the various scenarios, Planning Commissioners agreed that Scenario 4 was desirable. It was recognized that the open space development option would allow for densities close to that currently allowed for platted lots. Moreover, the open space would be the most advantageous to preserving the rural character and natural features of the western two-thirds of the Township.

There was discussion of the cost savings associated with the open space development option, such as use of some private streets and the fact that duplexes would be allowed in the Rural Residential District if part of an open space community.

Mike Ahrens spoke, stating that he was concerned about the proposal in that he felt developers build plats because "people like them". Ms. Stefforia commented that, in her opinion, open space communities, such as Autumn View and Stratford, were developed so as to be affordable. Moreover, she felt that people liked the open space community concept. She noted that there was available property within the "R-2" District which was vacant, and therefore, could be platted. Further, "R-2" zoning would be increased as part of the overall package.

There was discussion of whether the 40-acre parcel/tract requirement for the "AG" District would be meaningful as applied to properties proposed for the "AG" District. Ms. Stefforia presented a map of 40+ acres within the Township. The Planning Commission considered the zoning map proposed changes and those areas denoted in green that would be considered for agricultural zoning. These are properties which are currently zoned "AG" and on which it appears from aerial photography that agricultural activities are taking place. However, they would also be noticed as far as public hearing was concerned for consideration of the Rural Residential District. Ms. Stefforia pointed out that from her preliminary analysis it appears that no properties exist within the Township which could comply with the Department of Agriculture GAAMPS for intensive livestock operations. This was due to the density of scattered residential development in the Township and previous land divisions.

After further discussion, Ms. Garland-Rike moved to schedule a public hearing on the dimensional requirements set forth in "Scenario 4" for December 20, 2001. This would require that, as to the "AG" District, parcel, lot and building size be 40 acres for a parcel/tract with 200 feet of frontage. A minimum of three acres and 200 feet of public street frontage were required per dwelling unit. As to the Rural Residential District, three acres and 200 feet of frontage would be required for each parcel, lot and building site. However, with regard to open space communities, a density of 1.25 dwellings per acre would be permitted. Ms. Everett seconded the motion, and the motion carried unanimously.

ZONING MAP AMENDMENTS - WORK ITEM

The Planning Commission again discussed Draft 4 of the zoning map amendments for the Agricultural and Rural Residential Districts and expansion of the "R-2" District. The Report of the Planning and Zoning Department is incorporated herein by reference.

Mr. Rakowski moved to schedule a public hearing on the amendments/rezoning as proposed for December 20, 2001. Mr. Corakis seconded the motion, and the motion carried unanimously.

Ms. Everett suggested that the Township Board be invited to attend the December 6 and December 20 public hearings. Mr. Corakis suggested that the "package" of text and rezonings be discussed at the next joint meeting.

CHILD CARE CENTERS IN THE "R-3" RESIDENCE DISTRICT

The Planning Commission discussed a draft of the text amendment to allow child care centers in the "R-3" District as a special use. The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Bugge indicated that she had added criteria to make the use compatible with residential use. The definition of child care center had been taken from definition provided by state law.

In response to questions from Ms. Garland-Rike, Ms. Bugge indicated that the number of children in a child care center would be dictated by criteria utilized by state law for licensing purposes. Ms. Bugge indicated that she had spoken with state licensing personnel who indicated that about 60 children were needed to make a child care center viable. Based on licensing criteria, a building of approximately 3,750 square feet as a minimum was needed. The maximum size of child care centers was typically 120 children. Therefore, given the licensing criteria, the maximum building size would likely be approximately 7,500 square feet. The floor area required is based on the number and age of the children cared for by the center. Ms. Bugge offered this information as an explanation for how she had determined 8,000 square feet as the maximum building size.

As to fencing, Ms. Bugge stated that the state requirements provided for a safe play area but do not specifically require fencing. Nevertheless, because of the presence of daycare centers in a residential area, for safety of the children and for protection of neighboring properties, Ms. Bugge suggested fencing. Many of the provisions with regard to offices in the "R-3" District had been incorporated in the suggested text. However, it was recognized that the landscaping provisions of sub-part H of Section 23.408 and the comparable section which would be included as to child care centers would need to be changed to reference the existing Landscaping Ordinance provisions.

Ms. Bugge indicated that she would revise the text and that the item would return to the Agenda of the Planning Commission on January 10, 2002.

PLANNING COMMISSIONER COMMENTS

The Chairperson asked for Planning Commissioner comments.

Mr. Rakowski reported that two vehicles had been parked in a fire lane at Lowe's.

Mr. Corakis reported that the Oshtemo identification signs would be established in place on Saturday.

Ms. Garland-Rike reported that Kalamazoo College had given 31 acres of land to the Southwest Michigan Land Conservancy.

Ms. Stefforia indicated that "GIS" Day would be conducted at Comstock Charter Township on November 14, 2001.

ADJOURNMENT

There being no further business to come before the Commission, the meeting was adjourned at approximately 9:10 p.m.

OSHTEMO CHARTER TOWNSHIP
PLANNING COMMISSION


By:
Minutes prepared:
November 5, 2001

Minutes approved:
, 2001