AGENDA and DRAFT MINUTES
CALL TO THE PUBLIC: Agenda Items Only 3 minute limit
APPROVAL OF AGENDA: October 11, 2005
APPROVAL OF MINUTES FOR: None
Proposed Text Amendment
Section 6.20 A Pre-Existing Non-Conforming Private Roads
Proposed Text Amendment
Section 6.20 B New Private Roads
3) Proposed Engineering Standards
SPECIAL MEETING - DRAFT MINUTES
JOHN LOWE, CHAIRPERSON
JEAN ROOT, SECRETARY
ROBERT W. HANVEY,
ANNETTE MCNAMARA, ZONING ADMINISTRATOR
PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT
JOHN ENOS, CARLISLE/WORTMAN
The meeting was called
to order at 7:37 p.m.
Dave Hamann motioned to approve the October 11, 2005 Planning Commission Special Meeting
Jim Anderson seconded. Motion
John Lowe, Jim Anderson, Dave Hamann and Debra Wiedman-Clawson were present. Jean Root
CALL TO THE
John Lowe opened call
to the public.
Senator Valde Garcia introduced himself and gave a synopsis of the work done by the Senate over
The second was long
range in diversifying the economy in the State of
depending on the auto industry for employment. Creating new jobs in the life science, alternative
security and advanced manufacturing.
The third would be to coordinating contracts with the government and existing factories to build
products for defense
and homeland security. This will
put people to work today.
Senator Garcia asked
if there were any questions.
Jim Anderson asked the
Senator about local school funding and higher education.
Senator Garcia answered; higher education took a cut and an increase of $175.00 per student at
the local school
level. The majority of this
money went to health care costs.
John Enos asked the Senator where he stands on requiring developers to invest in off site
improvements, schools and such, based on the impact of the proposed development. John Enos
has heard of other
states that require this and it has been successful.
Senator Garcia answered; he did not think there was support at the state level as this cost gets
passed on to the
homeowner. He does not think
there is a lot of support at the state level.
John Lowe asked the Senator if there has been any clarification from the state on the MDEQ
(Michigan Department of Environmental Quality) requirements for On-Site Private Sewage/Waste
Senator Garcia clarified, the gap between what the township think they can do and what the
MDEQ tells the
township they can do?
John Lowe answered
Senator Garcia invited John Lowe and others that may be interested, to meet with him and discuss
John Lowe impressed
upon the Senator the impact on
township is not served
by public utilities.
John Lowe closed the
call to the public at 7:50 p.m.
2005 Special Joint Meeting Minutes
Dave Hamann motioned to table the minutes until the Planning Commission Secretary, Jean Root
is in attendance, and
this will be the October 25, 2005 regular meeting.
seconded. Motion Carried 5-0.
Proposed Text Amendment Section 6.20 A - Pre-Existing Non-Conforming Private
Debra Wiedman-Clawson asked for clarification on the roads that will be affected. Would this be a
road in existence, which does not have a private road maintenance agreement and was never
approved by the
John Enos answered
She thinks there should be a date attached, so people would know whether they fell into this
She also asked the Planning Commission members what they were trying
John Enos said to allow for development of pre-existing non-conforming private roads. The road
may or may not be safe and the township is concerned with the health, safety and welfare of
Discussion ensued on which roads this applies to, what the township is trying to prevent and the
set of standards. Is this the responsibility of the homeowners or the township? Will the proposed
requirements hold up in court? We are asking the residents to invest in their roads, yet the
township is not
putting budget monies into the public roads, such as
municipalities go by a sliding scale, once you reach a certain threshold and are increasing traffic
on the road you have to upgrade the road. Special assessment districts were discussed and the
possibility of doing
this with private roads.
Dave Hamann stated putting township authority out there, we are putting them in a position
where they cannot resolve this and forcing court action against the township because of it.
Think about what that will cost the township as a whole. There are other township ordinances
relating to private
roads that are less restrictive, high level of health, safety and welfare
Debra Wiedman-Clawson thinks the standards are too restrictive. She thinks the township is
asking for higher
standards than the county roads.
would like to discuss this at a meeting with Mike Kehoe in attendance.
Phil Westmoreland noted to the Commissioners, this is a guideline to go by; all the standards do
not have to be met.
Each road is different; some may not need much work.
To answer Debra Wiedman-Clawson question on which roads this applies to; John Enos read from
Nonconforming uses of structures or land existing at the effective date of this Ordinance that were
established without approval of zoning compliance or without a valid building permit or those
nonconforming uses which cannot be proved conclusively as existing prior to the effective date of
this Ordinance, or the prior Ordinance enacted January 11, 1977, shall be declared illegal
nonconforming uses and are not entitled to the status and rights accorded legally established
John Enos proposed the following text to the Commissioners. This text would be placed in
ARTICLE XIX NONCONFORMING USES OF LAND AND STRUCTURES. New lots as a result of
land division shall not receive a land use permit for a proposed new principal dwelling unless the
road is improved to meet the then current private road design standards or as decided by the
township private road
Dave Hamann motioned to table agenda items number 1 and 2 until the next workshop,
Mike Kehoe will be
asked to attend. Jim Anderson
seconded. Motion Carried 4-0.
Amendment Section 6.20 B - New Private Roads
See the above motion.
Phil Westmoreland went over the proposed standards with the Commissioners and noted that
Items B thru K are at
the discretion of
A discussion on who would be designated to review and decide if a road required upgrading.
Would this be the
Planning Commission or the Board of Trustees?
The Commissioners requested the following changes to be submitted for the next special meeting.
I. Roads and Paving
Item B - Adjust
language to include standards for new private roads.
Item F - The Commissioners would like to discuss the number of lots to have access. Is the
township required to follow the International Fire Code (IFC) that has been adopted, or can the
number stay at 25.
They agreed to discuss this at the next special meeting.
Item G - The length of a private road will be discussed at the next special meeting with
Commissioners questioned if this enforceable and reasonable.
Item L - the Commissioners would like the same number of units allowed on a new private road
as a pre-existing
non-conforming private road.
Item L 2 a & b - Debra Wiedman-Clawson would like Phil Westmoreland to define major and
minor to the best of
Item L 3 a - Phil Westmoreland noted some roads will be more narrow that twenty-four feet edge
of gravel to edge of
Item L 5 b & c - Gravel road and paved road requirements - Phil Westmoreland noted these items
goal, sometimes six
inches of sand is not necessary.
Item L 10 - The Commissioners would like to discuss this further with Mike Kehoe at the next
Section 6.19 B Access Controls
The number of lots to have access with one point of intersection in relationship to the IFC was
Again, the Commissioners would like Mike Kehoe to be part of the
The Commissioners went back to the Engineering Standards to discuss the length of a private road,
all agreed on the
For new private roads in Rural Residential, thirty lots with one hundred fifty feet of frontage on
two thousand linear
feet of black top.
Also in Rural Residential, twenty lots with one hundred fifty feet of frontage on two thousand
linear feet of gravel
The requirements for Suburban Residential will be discussed at the next special meeting. The
Commissioners would like to have time to think about this and would like to discuss with
No new business.
CALL TO THE
Dave Hamann motioned to adjourn the meeting at 10:06 p.m. Debra Wiedman-Clawson seconded.
Motion Carried 4-0.