CALL TO ORDER: The meeting was called to order at 6:37p.m.
Present constituting a quorum for conducting business were: Chairman
Pobuda, Barbara Figurski, James Mortensen, Steve Morgan, and Teri Olson.
Also present were Kelly VanMarter, Township Planner and Jeff Purdy from
Langworthy Strader and LeBlanc representing Genoa Township.
PLEDGE OF ALLEGIANCE: The pledge of allegiance was recited
followed by a brief moment of silence.
APPROVAL OF AGENDA: Motion by Barbara Figurski to approve
agenda. Seconded by Teri Olson. Motion Carried.
CALL TO THE PUBLIC: (Note: The Board will not begin any new
business after 10:00 p.m.)
OPEN PUBLIC HEARING #1…Review of amendments to the Zoning
Ordinance text affecting the entire Township of Genoa.
Jeff Purdy was present on behalf of LSL: Jeff Purdy outlines proposed
changes to the Zoning Ordinance. Chairman Pobuda asks if it meets the
qualifications required by the public act. Jeff Purdy describes changes
to Article 3 regarding regulations for keeping of animals. Description
of changes regarding the public recreation facility district and changes
to the commercial district. Jeff Purdy explains that an existing
restaurant would not need to come before the Planning Commissioners for
outdoor seating approval. However new restaurants will have to come
before the Planning Commission. Mr. Purdy states that alcohol can be
served outside if the establishment has a liquor license and they
fulfill the requirements of the Liquor Control Commission. James
Mortensen asks questions regarding temporary outdoor sale events. Kelly
VanMarter clarifies the changes being made to the Zoning Ordinance
regarding outdoor sales. Land use permits for temporary outdoor sales
events will be extended to the NSD district . Permanent outdoor sales
are allowed with special land use approval. Temporary outdoor sales
events are approved administratively. Community centers and
philanthropic uses are being added to commercial districts.
Kelly VanMarter summarizes the issue that has been brought up by
business owner Blythe Patterson regarding an outside vendor doing sales
or events in a parking lot. This is not allowed per the ordinance. Kelly
VanMarter recites the proposed language drafted by the Township Attorney
regarding this issue for community fundraising and non profit events.
James Mortensen states his opposition to the proposed amendment. Jeff
Purdy explains that other townships address this issue through special
event permits rather than an amendment to the zoning ordinance.
Jeff Purdy explains the proposed changes to the Commercial and
Industrial Districts. They have added a clarification to the set back
regulations when there is parking on the side and in the rear. Mr. Purdy
explains the changes in the Industrial District. Steve Morgan asks why
community centers are being added to the industrial district as special
use. Jeff Purdy explains that purpose behind this amendment. Kelly
VanMarter explains that the purpose of adding the community centers was
per the Salvation Army’s request. Jeff Purdy suggests changing the
language to the zoning ordinance regarding the term “community center.”
Jeff Purdy will work on language and a definition of community centers.
Discussion of changes to ordinance regarding the planned unit
development and parallel plans regarding redevelopment PUDs.
Jeff Purdy explains changes to the general provisions in the Zoning
Ordinance. Accessory building regulations clarified language regarding
accessory buildings being permitted in front yards on lots of 5 acres or
more. Maximum lot coverage restriction has been eliminated. Proposal to
eliminate the setback requirement for privacy fences.
Jeff Purdy explains the proposed changes to Article 12 Site
Development Regulations and the allowable building materials.
Jeff Purdy explains the proposed changes to the buffer zone
requirements landscaping between uses, size of the parking lot and the
amount of trees in the parking lot.
Changes to environmental protection regulations. Comments from Tesha
Humphriss via letter. This change will add additional regulations for
private community waste water management systems. James Mortensen states
that the requirements should be recorded as part of a master deed. Jeff
Purdy will make those changes. Steve Morgan states that PCWS does not
have to come to the PC for approval but that it should. Steve Morgan
questions the financial reserve requirement. Jeff Purdy explains that
the intent would be that the developer would have to establish the fund
to begin the project to safeguard the Township. James Mortensen asks if
the intent is to force the developers to put up front money if the
system fails. Steve Morgan states that the residents are going to have
to pay for this fund. Discussion of pros and cons of the replacement
fund. Steve Morgan indicates that he does not agree with this provision.
Kelly VanMarter states that this would be a good addition to the
ordinance to protect the residents. Steve Morgan states that adequate
buffering should not be determined by the Township but is rather a
health department issue. Jeff Purdy states that they could defer to the
Health Department. The Board finds that this is a reasonable suggestion.
Steve Morgan thinks that the design engineer should certify as-built
plans to the Township in writing so that the design engineer may be held
accountable. The Commission supports this addition.
Jeff Purdy describes storm water management changes as it relates to
underground detention basins. Steve Morgan suggests adding language “failure
of the” underground water system.
Jeff Purdy explains the changes to the parking provisions as well as
private roads and setback requirements. This amendment will eliminate
the setback requirements for a driveway. Kelly VanMarter clarifies that
this does not address easements or other right of ways. Sign
Regulations: elimination of the political sign restrictions. This
ordinance will follow what the attorney general recommends. Costume
people were added to the definition of a sign and will be regulated as a
sign. The regulations for wall signs have been amended.
Description of proposed changes made to the Administration and
Enforcement Section. Kelly VanMarter points out the review letter from
tetra tech making a recommendation regarding storm water. James
Mortensen states that the only changes that are unclear are the changes
regarding community centers and outside sales for community fundraising
and non-profit events. Jeff Purdy suggests re-wording community centers
to include community service facilities. Kelly VanMarter states that she
has a clear understanding of the intent of adding community center and
she feels these changes can be made without re-review by the Commission.
Call to the public was made with the following response:
Allen Patterson, ASI Corporation: States concerns regarding Costume
People and political signs. He states his concerns regarding community
events. States that car shows were not addressed. States that the
Township will run into a real problem if they try to grandfather certain
locations. He states that one size does not fit all. This should be a
special use and should allow good things that occur in the community.
Does the Township really want to shut that down? These types of events
should not be grandfathered.
Ted Kuderko,2650 East Grand River: Asked what the intention of the
Planning Commission was when the provision regarding outdoor events was
drafted. Kelly VanMarter states that this issue just came up and she
explains the concerns of Township regarding this issue. Mr. Kuderko asks
if there is way to simplify the process. Kelly VanMarter states that the
permit process is pretty basic and simple. Steve Morgan states that the
Township does not want to prevent anyone from doing anything. Mr.
Kuderko asks if the fee for a non-profit event can be waived. Discussion
of enforcement of this provision.
Gary McCririe, Township Supervisor: States that the case law and
public acts allow the Township to restrict the private waste water
systems from coming into the township altogether. He intends to bring
these restrictions to the Township Board because of the propensity of
these systems to fail. His intention is to prohibit these systems from
coming into the Township.
Blythe Patterson, 2424 Coon Lake Road: She is the business owner of
Great Escape She states that a difficult situation is being set up. Four
times a year to allow for an event is not sufficient. She wanted her
business to have community events. This community is being turned into a
very sterile community. She urges the Planning Commission to draft
language to make outdoor community fund raising and non-profit sale
events a legal use. These events bring heart to the community.
Call to the public closed
Jeff Purdy describes the definition of a political signs. The person
that is dressed as the Statute of Liberty does not constitute a
political sign. To constitute a political sign, it must promote
something relative to an upcoming election. Sandwich boards are
considered temporary signs and are prohibited.
Kelly VanMarter states that the draft language would allow for car
shows because it allows for community fundraisers or nonprofit events.
Questions regarding a for profit organization putting on an event “not
for profit.” Chairman Pobuda states that this would be similar to a
car show. James Mortensen cautions regarding interpretations of this
provision. Kelly VanMarter states that she can see the difficulty in
determining what would be permitted. She states that there is a good
point to either not allow them or to allow them all. Arbitrary lines
will create difficulty for the staff to decide which is a community
event, what is non-profit, etc.
Allen Patterson states that one way to get around the ordinance is
for an organization to ask for donations. That would be considered
non-profit.
Planning Commission disposition of petition
A. Recommendation regarding zoning ordinance amendments.
Motion by James Mortensen for approval of the zoning ordinance
amendments as presented in the LSL letter dated October 11, 2006 subject
to the following:
1. In section 8.02.02 the word “community centers” will be
revised along the lines providing service center consistent with the
services provided by the shelter.
2. Article 13 regarding Environmental Protection Regulations for
Private Community Wastewater Systems (PCWS):
a. That the entire language be required to be recorded;
b. The minimum buffering for the PCWS in 8.02.02(f) will be
determined by the Livingston County Health Department;
c. Item (g) shall be deleted;
d. Language will be added to require the design engineer to certify
construction and provide as-built drawings of the community waste
water system.
3. Language added to include failure of the underground water
detention system in section 13.08.02(d).
4. In section 13.08.02b the language should be added that “the
petitioner shall submit an annual maintenance plan for the township’s
engineer’s approval during the site plan review.
Seconded by Barbara Figurski. Motion carried unanimously.
Motion by Steve Morgan that we insert the language as provided by
counsel on page 7-15 as item (w) as written. Seconded by Barbara
Figurski. Motion Carried. 3-1-1 (James Mortensen voted no).
Motion by Barbara Figurski to approve the minutes as amended.
Seconded by Teri Olson. Discussion of the meeting minutes. Change on
page 3 delete the word “to” in last motion on the page by James
Mortensen. Motion carried unanimously.
Administrative Business:
Planners report presented by LSL Planners
Approval of October 10, 2006 Planning Commission
meeting minutes
Member Discussion: Discussion agenda items for
the November 13, 2006 meeting involving rezoning areas. November 13,
2006 is the only meeting scheduled in November. Update regarding the
cell tower.
Adjournment at 8:34 pm.
