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OSHTEMO CHARTER TOWNSHIP

PLANNING COMMISSION

October 10, 2002

Agenda

PRESENTATION: KALAMAZOO WELLHEAD PROTECTION TEAM

DEFINITION OF FAMILY AND RELATED TEXT AMENDMENTS - PUBLIC HEARING

TIME/TEMPERATURE ELEMENTS WITHIN SIGNS - PUBLIC HEARING

ACCESSORY BUILDINGS - PUBLIC HEARING

PLANNED UNIT DEVELOPMENT IN THE VILLAGE COMMERCIAL DISTRICT - PUBLIC HEARING

A meeting was conducted by the Oshtemo Charter Township Planning Commission on Thursday, October 10, 2002, commencing at approximately 7:00 p.m. at the Oshtemo Charter Township Hall.

MEMBERS PRESENT: Neil G. Sikora, Chairperson
Stanley Rakowski
Deborah L. Everett
Kathleen Garland-Rike
Elizabeth Heiny-Cogswell
Mike Ahrens
James Turcott

MEMBERS ABSENT: None

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

CALL TO ORDER

The Chairperson called the meeting to order at 7:04 p.m.

AGENDA

Ms. Stefforia suggested that under "Other Business" the Planning Commission consider a rezoning request. Mr. Turcott moved to approve the Agenda as amended, and Mr. Ahrens seconded the motion. The motion carried unanimously.

MINUTES

The Planning Commission considered the minutes of the meeting of September 26, 2002. The Chairperson suggested a change to page 12 to correct a typographical error.

Ms. Garland-Rike moved to approve the minutes as amended, and Mr. Rakowski seconded the motion. The motion carried unanimously.

PRESENTATION: KALAMAZOO WELLHEAD PROTECTION TEAM

Ms. Stefforia introduced John Paquin of the City of Kalamazoo and Jim Brode from Fishbeck, Thompson, Carr and Huber to provide a program overview for the City of Kalamazoo's Wellhead Protection Program. Ms. Stefforia stated that she had recently been appointed as a member. A presentation outline handout was provided to Planning Commissioners.

Mr. Paquin described that the City of Kalamazoo's public water supply system has seven pressure service districts currently. An eighth - new district - is being developed. He described some of the limited treatments made to water such as chlorine gas. Mr. Paquin presented an illustration showing a cross section of a county aquifer. He noted that wellhead protection programs are intended to protect drinking water/ground water supply, namely type 1 community water supply. The program is administered by the MDEQ. He noted that wellhead protection programs utilize delineated capture zones. These delineated areas show the outer limit for a ten-year travel time frame. In other words, water will arrive at the wellhead within ten years.

Mr. Paquin described the elements of the Wellhead Protection Program which the City is currently working on. One portion of the Program is contaminant source inventory. He also discussed the management techniques for contamination sites. Management techniques or tools were described. He indicated that this would include local standards for site plan review. He made reference to Section 69 within the Oshtemo Charter Township Zoning Ordinance. Further, Mr. Paquin referenced the water resources questionnaire developed by the County which was more comprehensive than the State environmental checklist. He indicated that the State was developing a new water resources protection ordinance.

Mr. Rakowski had questions concerning well abandonment. Mr. Paquin and Mr. Brode responded that well closure was important in order to protect the aquifer.

Ms. Garland-Rike had questions concerning land use density, particularly residential, as affecting ground water. With regard to open space communities, Mr. Paquin felt that there were some benefits to leaving a large area more natural so as to allow for buffering, or reducing water run-off, and to allow a larger area for infiltration. Further, such communities, according to his information, could have a cost savings to developers and be more aesthetically pleasing.

The Chairperson thanked Mr. Paquin and Mr. Brode for their presentation.

DEFINITION OF FAMILY AND RELATED TEXT AMENDMENTS - PUBLIC HEARING

The Planning Commission conducted a public hearing on proposed text amendments to define "family" along with related amendments.

The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Bugge described the changes that had been made to the proposed text, i.e., the removal of the definition of "roomer" and the addition of the word "detached" in the dwelling definitions. Further, the text had been changed to allow more than one family, up to four unrelated people, in the "R-4" Residential District. Ms. Bugge read the definitions of family, traditional and functional.

The Chairperson opened the meeting for public comment.

Maxine Robb, a resident of the Century Highfield area, asked about the potential for student housing in that neighborhood, given the proposed text. It was noted that no more than two unrelated people could reside in a single-family dwelling under the proposed text. However, Ms. Stefforia stated that the planning staff was envisioning proposing rezoning of the Century Highfield neighborhood to the "R-4" District which would allow for up to four unrelated people within each dwelling.

Gladys Ahrens, another resident of the Century Highfield area, expressed that it was very difficult to get the value out of homes in this neighborhood. She attributed this problem to the number of students residing in single-family homes in the area. She felt that, for the most part, there were more than four students in each house. She was concerned about her property's value.

There was no other public comment, and the public hearing was closed.

Ms. Stefforia suggested adding the word "traditional" in reference to the paragraph following the definition of traditional family.

Mr. Ahrens moved to recommend that the text be approved by the Township Board with the change suggested by Ms. Stefforia. Mr. Rakowski seconded the motion, and the motion carried unanimously.

TIME/TEMPERATURE ELEMENTS WITHIN SIGNS - PUBLIC HEARING

The Planning Commission conducted a public hearing on the proposed text amendment to allow for time/temperature displays within permitted sign area.

The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Stefforia described the proposed text, which would allow for time/temperature information to be displayed on electronic signs.

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

Mr. Ahrens moved to recommend approval to the Township Board as submitted, and Ms. Everett seconded the motion. The motion carried 6-to-1 with Ms. Garland-Rike voting in opposition.

ACCESSORY BUILDINGS - PUBLIC HEARING

The Planning Commission was to conduct a public hearing on the proposed text amendment establishing provisions for accessory buildings.

The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Stefforia described the proposed text, stating that Oshtemo Charter Township is one of the few communities in the area with no review or other criteria concerning accessory buildings. The proposed text would apply to buildings in excess of 200 square feet.

The Chairperson asked for public comment, and Duane McClung expressed a concern that the height limitation would be a problem if an RV were to be stored in a building. He felt that such a building at 36 feet wide could easily be 42 feet high. There was discussion on how to provide flexibility without creating a general rule which was the problem for neighboring properties. It was agreed that, in Section 78.810.E, a phrase could be added at the end of the sentence ". . . unless approval for same is granted by the Zoning Board of Appeals pursuant to Section 78.820." Further, in Section 78.820, subpart E could be added to state: "Height exceeds the provisions of Section 78.810E.

Ashley Cordi had a question and concern regarding whether an accessory building could be commenced and not completed. Ms. Stefforia indicated that the only limitation would be within the building permit in that, if work on a building was discontinued, the building permit would lapse after 180 days. She added that any situation that involved a physical danger would be addressed through the Dangerous Buildings Ordinance.

Mr. McClung had another question concerning the floor area limitation in Section 78.820. It was explained that the floor area was not limited by this section, but merely triggered the need for Zoning Board of Appeals' review.

Mr. Turcott moved to recommend approval of the text, as amended, and Mr. Rakowski seconded the motion. The motion carried unanimously.

PLANNED UNIT DEVELOPMENT IN THE VILLAGE COMMERCIAL DISTRICT - PUBLIC HEARING

The Planning Commission conducted public hearing on the proposed amendment to Section 60.420 to allow use of planned unit development land use option in the "VC" Village Commercial District.

The Report of the Planning and Zoning Department is incorporated herein by reference.

Ms. Stefforia stated that it was her feeling that this change should have been made when the "VC" District was established in 2000, and that the failure to do so was an oversight.

No public comment was offered, and the public hearing was closed.

Mr. Rakowski moved to recommend approval of the text to the Township Board. Mr. Ahrens seconded the motion, and the motion carried unanimously.

OTHER BUSINESS

Ms. Stefforia presented a handout concerning a proposed rezoning in the 1000 block of North Drake Road. She stated that the applicant was seeking to rezone portions of Parcel No. 3905-13-230-012, which are not currently zoned in the "R-4" Residence District.

She stated that the property is approximately 50 acres in size. The north and northwest 32 acres are zoned "R-4". Most of the Drake Road frontage (6 acres) is zoned "R-3". The south central 11 acres are zoned "C-1". She felt that a land use plan amendment would be needed to accommodate the rezoning request.

There was discussion of the possibility of expanding the application to other properties. It was noted that Kalamazoo College owns a ten-acre parcel adjacent which is primarily zoned "C-1". As to whether the property to the north, which is zoned "R-2" should be incorporated, there was general agreement that it should not be included, since greater setbacks were applicable for the subject parcel if the north parcel is kept in the "R-2" zone. Mr. Ahrens stated that, in his opinion, there should be no expansion at this time.

Mr. Ahrens moved to schedule a public hearing on the rezoning for November 21, 2002, for only the parcel requested to the "R-4" District, as well as the attendant Master Land Use Plan change. Mr. Turcott seconded the motion, and the motion carried unanimously.

PLANNING COMMISSIONER COMMENTS

Mr. Rakowski made reference to newspaper articles he had recently come across; most notably the issue of affordable housing was addressed in an article concerning factory-built homes which were assembled on the building site.

Ms. Heiny-Cogswell suggested that Meijer be urged to landscape their parking lot now that they are repaving.

ADJOURNMENT

There being no further business to come before the Planning Commission, the meeting was adjourned at 8:40 p.m.

OSHTEMO CHARTER
TOWNSHIP PLANNING COMMISSION


By:
Stanley Rakowski, Secretary
Minutes prepared:
October 14, 2002

Minutes approved:
, 2002