Minutes of the regular meeting of the Georgetown Township Planning Commission, held Wednesday, May 2, 2007

 

Meeting called to order by Chairman Honderd at 7:30 p.m.

 

Present:            Honderd, Poskey, South, Stasiak, Huizinga, DeGood

Absent: Pearson

 

#070502-01 - Agenda for May 2, 2007

 

Moved by Stasiak, seconded by South, to approve the agenda for May 2, 2007, as presented, and to move the special use permit application to the beginning of the agenda.

 

MOTION CARRIED.

 

#070502-02 - Minutes of the March 21, 2007 regular meeting 

 

Moved by South, seconded by DeGood, to approve the minutes of the March 21, 2007 regular meeting, as submitted.

 

MOTION CARRIED.

 

#070502-03 - Special Use Permit (SUP0701) Sharon Woolman, 7691 Golf View Ct.

 

Sharon Woolman, 7691 Golf View Ct., presented the request and stated that the site was 8.69 acres rather than ten as previously noted.  She detailed the site plan and noted that other neighbors in the area also had farm animals.

 

The zoning administrator presented a review as follows.

 

REQUEST.

 

The applicant is requesting to have the agricultural use of the keeping of livestock on ten acres in an RR district and Sec. 7.3(C) of the Zoning Ordinance requires special use approval for a customary agricultural uses in the RR district.  Agricultural uses may either be the principle use or an accessory use.  The applicant is proposing that the AG use of the keeping of one horse and up to 15 sheep on ten acres be the principle and only use on the parcel.  There will be no house, other uses or other structures on the site (other than those related to the AG use).  The ordinance does not limit height, size, number or architectural character for AG buildings and uses.  In addition, the Building Code does not require that a building permit be obtained for an AG building.  The only requirement is that setbacks are met, as well as the standards of Sec. 7.3(C), which lists the requirements for the use and restricts the number of animals on parcels of five acres or less.  Sec. 7.3(C)(3)(a) allows 8 animals for ten acres.  However, Sec. 7.3(C)(3)(b) of the ordinance allows the number of animals to be waived on parcels in excess of five acres.  The applicant has requested to have 16 animals on ten acres.  (FYI-According to the table of Animal Unit Equivalents in the Michigan Right to Farm Act, 50 sheep are equal to one animal unit.)

 

Since the Planning Commission is only reviewing setbacks and conformance with the standards in Sec. 7.3(C), it did not appear necessary to require that the applicant furnish a professionally drawn site plan with all the listed elements.  The hand-drawn site plan shows fencing around the parcel, along with a proposed 32 by 48 foot pole barn and a 10 by 20 foot run-in shed. 

 

SUMMARY

 

The Planning Commission should determine if the hand-drawn site plan is acceptable or if more information is wanted than is shown on the plan.  The Planning Commission should also determine if the limitation on the number of animals should be waived as per the ordinance.  Sec. 10-216 of the Code of Ordinances exempts construction in the AG or RR districts from the requirement of sidewalks.

 

The following is a review of the standards listed in Sec. 7.3(C):

(C)       Customary Agricultural Operations including general farming, truck farming, fruit orchards, nurseries, greenhouses and usual buildings subject to the following restrictions:

            (1)        No storage of manure or odor or dust producing materials or use shall be permitted within fifty (50) feet of any adjoining lot line.  Met.

            (2)        No farm buildings shall be located closer than fifty (50) feet to any lot line, with the exception of roadside stands.  Met.

            (3)        Farm animals are permitted as follows:

                        a.         raising and keeping of livestock and poultry including horses, cattle, sheep, chickens, and similar animals (but excluding hogs), provided that the minimum area upon which one (1) animal may be kept shall be three (3) acres, and one (1) additional animal may be kept for each additional acre over three (3) acres.

                        b.         on parcels of land in excess of five (5) acres, the Township Board may waive the limitation on the number of animals, provided it is determined that due to the size of the parcel, natural features, or other similar conditions there will be no negative impact upon the neighboring property owners.  The Planning Commission must determine if 16 animals are acceptable on the 10 acre site that has no use other than the keeping of farm animals.  It appears as though the size of the parcel, natural features of the expressway bordering the property to the rear and existing woods on the site, the fact that there will be no other use on the site, and the fact that animals are kept on other parcels in the area warrant the keeping of 16 animals on the site and that the use will not negatively impact the neighboring property owners.

 

 

South asked what the purpose was to have sheep and the applicant stated that she had border collies and they would work with the sheep.

 

The chairman opened the public hearing.

 

Kim VanderTill, 5188 12th Ave., stated that she lived across the street from the subject property and was in favor of the request because she was also requesting to have alpacas.  She said that she would be the applicant’s contact and would inform the applicant if any of the animals got loose.

 

The chairman closed the public hearing.

 

The zoning administrator asked if the Planning Commission determined it was appropriate to have animals on a parcel where no person lived and would be monitoring the animals.  It was noted that the Planning Commission has approved such a use in the past.

 

Moved by Huizinga, seconded by DeGood, to recommend to the Township Board to approve Special Use Permit (SUP0701) Sharon Woolman, 7691 Golf View Ct., to have a customary agricultural operation including the keeping and raising of livestock (up to 20 sheep and one horse) under Sec. 7.3(C), on a parcel of land described as P.P. # 70-14-35-300-051, located at 5111 12th Ave., in a (RR) Rural Residential district, Georgetown Charter Township, Ottawa County, Michigan, (submittal material) based on the findings that the requests meets the applicable standards of the ordinance including Sec. 7.3(C), and to waive the limitation on the number of animals and permit up to 20 sheep and one horse under Sec. 7.3(C)(3)(b) because the determination has been made that the animals on eight acres will not negatively impact the neighboring property owners due to the size of the parcel, the proximity to the expressway, the natural features including woods on the site, the fact that there will be no other use on the site, and the fact that animals are kept on the neighboring properties.

 

            MOTION CARRIED.

 

Moved by South, seconded by DeGood, to approve the site plan with the condition that a revised plan be submitted using a survey to determine the correct property line dimensions and that the zoning administrator is given the authority to review and approve the revised plan.

 

MOTION CARRIED.

 

#070502-04 -Unfinished Business Ordinance Amendments-Sections 6.3(Z), 20.1(AJ), 20.4(AJ)

 (language addition for outdoor furnaces) (public hearing already held)

 

The zoning administrator presented a review as follows.

 

REQUEST

 

At the last Planning Commission meeting, a public hearing was held for the language that was proposed and published to require special use permit approval for the use of an outdoor wood-fired boiler, stove or furnace, to be permitted in the AG and RR districts only.  Standards for the use were included.  The consensus of the Planning Commission was that the use and standards should be adopted as detailed; however, the use should be administratively reviewed and approved by Township staff in the office rather than through a special use permit with a review by the Planning Commission.  Consequently, new language was published for review and for a public hearing to be held (review under New Business)

 

SUMMARY

 

Since this language will not be recommended for approval, action should be taken to remove the item from the table and to recommend to the Board to deny the ordinance amendments.

 

Moved by Poskey, seconded by Stasiak, to remove the item from the table and to recommend to the Township Board to deny the proposed amendments to Sections 6.3(Z), 20.1(AJ), 20.4(AJ) (language addition for outdoor furnaces) because the language would require special use permit approval for the use and the determination of the Planning Commission is that the use should be administratively reviewed and approved by Township staff rather than by action by any board or commission.

 

MOTION CARRIED.

 

#070502-05 -Unfinished Business Ordinance Amendments-Sections 6.3(AA), 20.1(AK), 20.4(AK)

 (language addition for exotic animals) (public hearing already held)

 

The zoning administrator presented a review as follows.

 

REQUEST

 

At the last Planning Commission meeting, a public hearing was held for the language that was proposed and published to require special use permit approval for the use of keeping exotic animals, to be permitted in the AG and RR districts only.  Standards for the use were included.  The consensus of the Planning Commission was that the use of keeping of exotic animals should be totally banned from the Township, with specific exemptions.  Consequently, since a total ban of the animals was proposed and it would no longer be a zoning issue, new language was composed (with the help of the Township attorney) for a general ordinance (rather than a zoning ordinance) to totally ban such animals from the Township.  The Township Board read for the first time and introduced the proposed general ordinance at the March 26, 2007 meeting.  It was published on April 3, 2007 and is on the Township Board agenda for April 9, 2007 for a second reading and action.

 

SUMMARY

 

Since this language will not be recommended for approval, action should be taken to remove it from the table and to recommend to the Board to deny the ordinance amendments.

 

Moved by Poskey, seconded by South, to remove the item from the table.

 

MOTION CARRIED.

 

Moved by Poskey, seconded by DeGood, to recommend to the Township Board to deny the proposed amendments to Sections 6.3(AA), 20.1(AK), 20.4(AK) (language addition for exotic animals) because a new general ordinance has been adopted by the Township Board to totally ban exotic animals from the Township other than for specific exemptions.

 

MOTION CARRIED.

 

#070502-06 - Ordinance Amendments- Sec. 3.4(E)(1)

 

The zoning administrator presented a review as follows.

 

REQUEST

 

The first request is to amend Sec. 3.4(E)(1) to allow an attached garage to have a floor area a maximum of 60% of the gross floor area of the dwelling unit to which it is attached, with NO maximum amount of floor area for the garage.  For example, if the dwelling unit had a gross floor area of 3,000 square feet (the house without the garage), the attached garage could be a maximum of 3,000 x 60% or 1,800 square feet under the proposed amendment.  According to the current ordinance, the maximum floor area of the attached garage could be 1,000 square feet.  Under the proposed ordinance, the maximum floor area of a garage would become a ratio dependent upon the size of the house. 

 

The Township Board initiated the Zoning Ordinance amendment with the following motion at the March 26, 2007 meeting.  The reason for the amendment is to allow larger garages to be attached to the larger homes that are being constructed in some plats.  Another factor pertaining to the issue is that in many plats where the houses are a larger size, the plat restrictions prohibit detached accessory buildings.  This situation came to light when a builder applied for a building permit to construct a house in Beechgrove Estates (off 36th Ave. south of Baldwin).  Some of the lots front on the interior street and have rear yards adjacent to 36th Ave.  The plat restrictions prohibit detached accessory buildings due to the fact that it would be unsightly to see accessory buildings along 36th Ave.  Since the Township agrees with that determination, the Township Board determined the situation would be better to have a larger garage (in proportion to the house) rather than have the detached accessory building. 

 

#070326-14 - Initiate Zoning Ordinance Amendment to Sec. 3.4

 

Moved by Daniel Carlton, seconded by Stanley Sterk, to approve initiating a Zoning Ordinance amendment as follows:

 

Sec. 3.4 (E)      Maximum Floor Area.

                        (1)        The maximum floor area above grade for an attached accessory building, including garage, shall not exceed sixty (60) percent of the gross floor area of the dwelling to which it is attached, not to exceed a maximum of one thousand (1,000) sq. ft. (revised 4/24/95)

 

Note:                The Finance Committee recommended approval

 

Yeas:    Bill Holland, Daniel Carlton, Del South, Richard VanderKlok, Marvin VanSomeren,

Stanley Sterk, Dale Mohr

Nays:   none

 

            MOTION CARRIED.

 

SUMMARY

 

The amendment would eliminate the maximum limit of 1,000 square feet for an attached garage and would permit an attached garage to be a maximum of 60% of the floor area of the dwelling unit to which it is attached.

 

There was discussion regarding the following.  There is a possibility that a garage could be too large and unsightly.  A large house could possibly have a garage large enough for a semi to park in it.  A two story house could have a garage that looked disproportionately large compared to the square footage of the dwelling unit since the square footage would be divided between two stories.  Many plats have plat restrictions and committees to review the proposed architectural design of a house and such a review could possibly eliminate the opportunity for garages to become unsightly.  A tier approach might better address the possibility of a garage becoming too large, such as 60% of the dwelling unit up to a specific square footage amount and then 40% of the rest of the square footage.  The ordinances of other municipalities should be checked and the information given to the Planning Commission to review.  The decision will be one that the Township would have to live with until the ordinance is changed again and it would be better to take time to get it right the first time even if it meant delaying adoption of the ordinance.  The notice for the ordinance amendment would have to be published again if the ordinance became more restrictive since the original proposal was to be less restrictive by removing the 1000 square foot maximum amount.  A change for the proposed ordinance to allow a garage size to be less restrictive than the 1000 square foot maximum but still have any limit would have to published again because the published initial amendment was to remove the restrictiveness of any maximum limit altogether and allow no limit to the garage size other than the 60% maximum of the square footage of the dwelling unit to which it is attached.

 

The chairman opened the public hearing.  No one was present to speak on this topic.  The chairman closed the public hearing.

 

Moved by Poskey, seconded by Stasiak, to table the Zoning Ordinance amendments as follows:

 

Sec. 3.4 (E)      Maximum Floor Area.

            (1)        The maximum floor area above grade for an attached accessory building, including garage, shall not exceed sixty (60) percent of the gross floor area of the dwelling to which it is attached, not to exceed a maximum of one thousand (1,000) sq. ft.

 

            MOTION CARRIED.

 

#070502-07 - Ordinance Amendments- Sec. 3.4(O)

 

The zoning administrator presented a review as follows.

 

REQUEST

 

At the last Planning Commission meeting, a public hearing was held for the language that was proposed and published to require special use permit approval for the use of an outdoor wood-fired boiler, stove or furnace, to be permitted in the AG and RR districts only.  Standards for the use were included.  The consensus of the Planning Commission was that the use and standards should be adopted as detailed; however, the use should be administratively reviewed and approved by Township staff in the office rather than through a special use permit with a review by the Planning Commission.  Consequently, new language was published for review and for a public hearing to be held.

 

According to the direction given by the Planning Commission to allow the use of a wood-fired boiler, stove or furnace in an AG or RR district with administrative approval, the use was added under Sec. 3.4 ACCESSORY BUILDING AND USES since the use is actually an accessory use and must meet the accessory use standards.  In addition to the general accessory use standards, other specific standards would be required.  The amendment added to Sec. 3.4 is proposed as follows:

 

Sec. 3.4           ACCESSORY BUILDING AND USES. 

(O)             One (1) freestanding exterior wood-fired boiler, stove or furnace of 120 square feet or less may be permitted in accordance with all other regulations for accessory uses, in the Agriculture and Rural Residential districts only, subject to the following standards in order to reduce the amount of air pollution generated and the associated adverse health effects:

(1)               The minimum lot area shall be five acres.

(2)               No refuse shall be burned.

(3)               It shall be located a minimum of 100 feet from any property line and a minimum of 300 feet from the nearest residential building which is not on the same property as the outdoor wood-fired boiler.

(4)               The chimney shall extend at least fifteen feet above mean grade. 

(5)               The use shall meet all other Township ordinances related to burning.  In accordance with Township general ordinances, the Fire Chief or designee shall have the right to terminate burning at any time upon the determination that the permitted use of burning is detrimental to the public health, safety or welfare or upon the determination that the burning has created or caused to emanate there from any dust, dirt, smell or foreign substances, or smoke in an amount and of such nature, or both, as to duly disturb, annoy or harm others, thereby destroying their full, quiet, and peaceful occupancy and enjoyment of their homes and premises accessory thereto.  Along with a Zoning Compliance Certificate application for such accessory use, the property owner shall submit to the Township a signed affidavit demonstrating that the above requirements have been met and stating that the applicant understands and is aware of the Zoning Ordinance regulations.

 

SUMMARY

 

The Planning Commission directed that the use of the wood-fired boiler, stove or furnace be permitted in the AG and RR districts with specific standards and that the use should be subject to administrative review and approval rather than formal action by the Planning Commission and Township Board.  The proposed language is an addition to Sec. 3.4 related to accessory buildings and uses.

 

The chairman opened the public hearing.  No one was present to speak on this topic.  The chairman closed the public hearing.

 

Moved by DeGood, seconded by Poskey, to recommend to the Township Board to approve the proposed amendments to Sec. 3.4 as follows because the use would be regulated in order to reduce the amount of air pollution generated and the associated adverse health affects and the use would be administratively reviewed and approved by Township staff rather than by action by any board or commission.

 

Sec. 3.4           ACCESSORY BUILDING AND USES. 

(P)               One (1) freestanding exterior wood-fired boiler, stove or furnace of 120 square feet or less may be permitted in accordance with all other regulations for accessory uses, in the Agriculture and Rural Residential districts only, subject to the following standards in order to reduce the amount of air pollution generated and the associated adverse health effects:

(6)               The minimum lot area shall be five acres.

(7)               No refuse shall be burned.

(8)               It shall be located a minimum of 100 feet from any property line and a minimum of 300 feet from the nearest residential building which is not on the same property as the outdoor wood-fired boiler.

(9)               The chimney shall extend at least fifteen feet above mean grade. 

(10)           The use shall meet all other Township ordinances related to burning.  In accordance with Township general ordinances, the Fire Chief or designee shall have the right to terminate burning at any time upon the determination that the permitted use of burning is detrimental to the public health, safety or welfare or upon the determination that the burning has created or caused to emanate there from any dust, dirt, smell or foreign substances, or smoke in an amount and of such nature, or both, as to duly disturb, annoy or harm others, thereby destroying their full, quiet, and peaceful occupancy and enjoyment of their homes and premises accessory thereto.  Along with a Zoning Compliance Certificate application for such accessory use, the property owner shall submit to the Township a signed affidavit demonstrating that the above requirements have been met and stating that the applicant understands and is aware of the Zoning Ordinance regulations.

 

MOTION CARRIED.

 

#070502-08 – Other Business

 

The zoning administrator presented the following.  Footnote l in Chapter 24 applies to the OS, NS and CS districts and states: Except for necessary drives and walks, the required front yard shall be landscaped and shall not be used for parking, loading or accessory structures.  The required front yard setback in those districts is 30 feet.  Footnote k in Chapter 24 applies to the HS district and states: Except for necessary drives and walks, the required front yard for a depth of thirty (30) feet shall be landscaped and shall not be used for parking.  Footnote r in Chapter 24 applies to the I district and states: Except for necessary drives and walks, the required front yard for a depth of thirty (30) feet shall be landscaped and shall not be used for parking.  Therefore, it appears as though sites for all uses in the commercial and industrial districts are required to have the front setback area landscaped without any parking areas.  The Township received a call from a perspective applicant who was investigating the construction of a church in a residential district and asked if that requirement also applied to the residential districts.  The ordinance does not list any such footnote for the AG, RR, LDR, LMR, MDR, MHR or HDR districts.  Therefore, the information was given that parking within the front yard setback in a residential district is not prohibited by the ordinance.

 

The zoning administrator asked the Planning Commission if it was their intention that all uses in the residential districts including hospitals, clinics, churches, golf courses and schools WOULD be allowed to have parking within the required front yard setback area since nothing prohibited it.  She noted that parking in the front setback area for those uses would not seem consistent with the intention of the ordinance since it was prohibited in the other districts and landscaping is required to be located in the front setback area by the section of the ordinance pertaining to the streetscape.

 

There was discussion regarding the following.  Parking should not be permitted within the front setback area in any district except, for instance, for a house where pavement is not regulated.  A footnote could be added prohibiting parking within the front yard setback for all uses in the residential district other than those of a residential nature.  However, that would permit parking within the front yard setback area of an apartment complex or condo development.  A footnote could be added prohibiting parking within the front yard setback area for all uses in the residential district other than for single or two family dwellings. 

 

The Planning Commission directed that the zoning administrator investigate language to prohibit parking within the required front setback area in the residential districts for uses other than a single or two family dwelling.

 

#070502-09 – Adjournment

The chairman adjourned the meeting at 8:15 p.m.