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PLANNING
COMMISSION AGENDA SPECIAL
MEETING November
14, 2005 7:30
p.m. CALL TO ORDER: APPROVAL OF AGENDA FOR:
November 14, 2005 Special Meeting INTRODUCTION OF
MEMBERS: CALL TO THE PUBLIC:
Agenda Items Only – 3 minute limit APPROVAL OF MINUTES FROM: October
11, 2005 Joint Meeting OLD BUSINESS 1)
Proposed Text Amendment
Section 6.20 A – Pre-Existing Non-Conforming Private Roads 2)
Proposed Text Amendment
Section 6.20 B – New Private Roads 3)
Subdivision
Control Ordinance (General Ordinance) NEW BUSINESS: CALL TO THE
PUBLIC: ADJOURNMENT DRAFT MINUTES
MEMBERS PRESENT:
JOHN LOWE, CHAIRPERSON
DAVE HAMANN
JIM ANDERSON
JEAN ROOT, SECRETARY ABSENT:
DEBRA WIEDMAN-CLAWSON OTHERS PRESENT:
ROBERT W. HANVEY,
SUPERVISOR
ANNETTE MCNAMARA, ZONING ADMINISTRATOR
MIKE KEHOE, MILLER KEHOE & ASSOCIATES
PAUL SEIRSMA, CARLISLE/WORTMAN ****************************************************************** CALL TO ORDER The meeting was called
to order at 7:32 p.m. APPROVAL OF
AGENDA Jean Root motioned to approve the November 14, 2005 Planning Commission Special Meeting
agenda. Dave Hamann seconded.
Motion Carried 4-0. INTRODUCTION OF
MEMBERS John Lowe, Jean Root,
Jim Anderson, and Dave Hamann were present.
Debra Wiedman-Clawson
was absent. CALL TO THE
PUBLIC None heard. APPROVAL OF
MINUTES Dave Hamann motioned to approved the October 11, 2005 Planning Commission Special meeting. Jim Anderson seconded. Motion Carried 3-0. Jean Root abstained. OLD BUSINESS Proposed Text
Amendment Section 6.20 A - Pre-Existing Non-Conforming Private Roads Paul Siersma addressed
the Planning Commission members. At
the last meeting the Planning Commission members expressed concern with the
equity, fairness and enforceability of the proposed text of 6.20 A.
Paul Siersma suggests dropping the proposed text of 6.20 A,
Pre-Existing Non-Conforming Private Roads.
The proposed paragraph would be placed within Section 6.20 Private
Road Developments, to address the pre-existing non conforming roads within
the township. This would require
the creation of a Private Road Committee.
The Private Road Committee would review existing conditions, in
relationship to the design standards in place at the time the private road
was built. The committee would
submit a report to the approving body as to what extend road in question
needs improvement. It was
suggested that the Private Road Committee’s decision could be appealed
with the Zoning Board of Appeals. John Lowe would like
the standards set forth in Section 6.20 A be used as a guideline for the
report on road conditions. Discussion on who
would make the final decision, would this be the Board of Trustees or can
this decision is taken to the Zoning Board of Appeals.
The commissioners
asked Mike Kehoe questions on the definition of an ‘easement’ vs. the
definition of ingress/egress. Mike
Kehoe explained each private road maintenance agreement is written
differently. If it came to a
court decision, the judge would look at the wording and making a decision.
Again, each situation would be reviewed and evaluated on an
individual basis. After much discussion
the Planning Commission members agreed Phil Westmoreland and the Zoning
Administrator would do the review work and make a recommendation to the
Board of Trustees. Jean Root summarized
the proposed changes for Paul Sersmia to make to Section 6.20 A –
Pre-Existing Non-Conforming Private Roads and Section 6.20 B New Private
Roads. Paul Siersma will submit
these changes for the December 27, 2005 meeting. Jean Root motioned to table Section 6.20 A – Pre-Existing Non-Conforming Private Roads and Section 6.20 B New Private Roads, agenda items number 1 and 2 until the December 27, 2005 meeting. Jim Anderson seconded. Motion Carried 4-0.
Proposed Text
Amendment Section 6.20 B - New Private Roads See the above motion. Subdivision
Control Ordinance (General Ordinance) Paul Siersma
summarized the changes made per Public Act 525. The Planning
Commission members asked that the following changes be made to the document. Page 4 of 7 Article II
Definitions Planned Unit Development - this reads as an agreement and
should be revised. Plat
- add a definition for tentative Right-of-way
- clear easement and right-of-way Page 6 of 27 -
typographical error, capitalize the ‘s’ Page 8 of 27 - Uses
Section 3.2 Preliminary Plats; Requirements; subsection B items 1 thru 15.
Use 1 thru 15 in the site plan review application check list. Jim Anderson asked if
aerials can be required in this check list. Mike Kehoe will find
out. Page 9 of 27 -
Procedures Subsection
B - John Lowe asked if this requirement is a state statute?
Paul Siersma noted this is existing text within the document. Subsection B - item 1 - Add or Zoning Administrator to the first line. Throughout the
document wherever it says secretary of the Planning Commission,
add Zoning Administrator. Page 16 of 27 -
Article IV: Subdivision Design Standards, Section 4.1 Traffic ways-streets
and roads - subsection I - Half Streets, remove paragraph. Page 17 of 27 -
Section 4.2 Intersections - the Planning Commission members would like an
answer on this. Page 18 of 27 -
Section 4.3 - Pedestrian ways 4.3 A 1 - John Lowe
would like to see sidewalks on one side of the street. 4.3 B - John Lowe
asked Paul Siersma to tweak for the ability to use in Rural Residential.
Page 19 of 27 - Section 4.6 Lots Subsection
E - Mike Kehoe suggested changing to a portion of a lot. Subsection
G - John Lowe can we add private road? Subsection
J - Remove Page 23 of 27 Article
V Subdivision Improvements Subsection
D - remove the fourth sentence. Subsection
G - remove the third, fourth and fifth sentences. Subsection
H - remove the second and fourth paragraph. Subsection
J - replace shall with may. Page 24 of 27 -
Article VI - Variances - Planning Commission would like this Article
removed. Paul Siersma will
submit the requested changes for the December 27, 2005 meeting. Jean Root motioned to table Subdivision Control Ordinance (General Ordinance) agenda item number 3 until the December 27, 2005 regular meeting. Jim Anderson seconded. Motion Carried 4-0. NEW BUSINESS No new business. CALL TO THE
PUBLIC Robert Hanvey informed
the Planning Commission members of a joint commission between ADJOURNMENT Dave Hamann motioned to adjourn the meeting at 11:20 p.m. Jean Root seconded. Motion Carried 4-0.
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