ANN ARBOR CHARTER TOWNSHIP

PLANNING COMMISION

MONDAY, FEBRUARY 7, 2005

 

MINUTES - DRAFT

This regular meeting of the Ann Arbor Charter Township Planning Commission was called to order by Chair Kris Olsson at 7:30 p.m. at the Ann Arbor Township Hall, 3792 Pontiac Trail, Ann Arbor Charter Township, Michigan.

Commissioners present: Chair Kris Olsson, and Commissioners John Allison, Diane O’Connell, Richard Mitchell, Randolph Perry, and James Snyder.

Also Present: Township Attorney Sandra Sorini Elser, Planner Carl Schmult, Engineer Michael Bickel, and Zoning Officer Gary Dresselhouse.

Citizen Participation

None.

Approval of Minutes

Mr. Perry moved that the minutes of the January 3, 2005 regular meeting be approved. The motion was seconded by Ms. O’Connell and approved by the Commission unanimously on a voice vote.

Communications

Mr. Allison reported on the Board of Trustees meeting held on January 17, 2005. He added that the Township is working with State Rep. Pam Byrnes concerning tax abatements for local purchase of development rights (PDR) programs. Mr. Allison also reported that the Farmland Preservation Committee has learned the State PDR program will encourage training efforts for local planning commissioners concerning the PRD process. Finally, Mr. Allison stated that the Farmland Preservation Committee had reviewed, and recommended some changes to, the proposed amendment to the zoning ordinance (Article X 130.1003A, Rural Districts Section 10.03A, Conditional Uses in Rural Districts).

Public Hearings

1. Conditional Use Permit CU-164-04 Day Care, Adnan & Miassar Dari, 4289 Shetland Drive

Presentation by applicant. The petitioners briefly presented the petition for a children’s day-care center to the Commission.

Consultant comments/Commission comments. The Township Engineer noted that there were no changes to the home and that he had no additional comments. The Zoning Officer reviewed the requirements of the ordinance for the Commission and recommended discontinuing the permit if the property is not used for a day-care center purpose for 180 consecutive days. The Township Attorney commented that State law requires that the day-care center be licensed and that a conditional use permit runs with the land. For those reasons, she recommended that the Commission add a requirement terminating the conditional use permit if the petitioners lose their license for the center.

Public comment. Petitioners’ next-door neighbor said that, when construction was initially done on the house, there was a loss of trees and a consequent loss of privacy. He expressed the concern that, with up to 12 children attending day-care at the house, there would be even more privacy issues. He also had concerns about traffic and safety, noting that Clark road is very busy. Finally, he expressed a concern about any possible signs for the day-car center and said he wanted to be sure residential character of the neighborhood was maintained.

Public hearing closed.

Planning Commission discussion. Following a general discussion of the petition, Mr. Snyder suggested the conditional use permit include the following conditions:

  • That there be no signs for the day-care center.
  • That petitioners create a path from the fenced play area to the house so that children are not required to travel over the paved parking area.
  • That petitioners be required to develop an acceptable planting plan to assure privacy.

Commissioner Allison suggested adding the following conditions:

  • That no on-street parking be allowed.
  • That, as suggested by the Zoning Officer and the Township Attorney, the conditional use permit include a condition requiring current licensure and that the permit terminate if the property is not used as a day-care center for 180 consecutive days.
  • That the permit include a condition permitting periodic future inspections by the Zoning Officer, as he deems appropriate.

(The Township Attorney noted that the condition that no sign be permitted was acceptable because petitioners have indicated they do not intend to have a sign.)

Planning Commission action. Mr. Allison moved that the Commission recommend approval of the petition, with the conditions noted above, to the Township Board. Mr. Snyder seconded the motion, adding the clarification that the planting plan must be prepared and reviewed by the Township before the petitioners present their submission to the Township Board. With this clarification, the motion passed unanimously on a voice vote.

2. Zoning Ordinance Amendments:

A. Article X. 130.1003A Rural Districts Section 10.03 A Conditional Use in Rural District

Consultant comments/Commission comments. Mr. Allison introduced the proposed amendments, and various Commissioners commented on them. Mr. Allison noted that the Farmland Preservation Committee had suggested a revision so that a riding stable be a conditional use in an agricultural district. The Township Attorney noted that a game refuge is already a permitted use in an agricultural area.

Public comment. Several speakers suggested that more commercial activities be permitted in an agricultural district. The speakers noted that it is difficult today for a farmer to make a decent living just farming and that additional commercial-type activities were necessary if the Township wanted to encourage farming in these areas.

Public hearing closed.

Planning Commission discussion. Various Commissioners and the Township Attorney commented on various items in the proposed amendment. In particular, Mr. Snyder noted that some additional commercial types of activities, such as a stable, are not inconsistent with the Township’s planning goals for these areas.

Planning Commission action. Following the discussion, the Commissioners agreed generally on various revisions to the proposed amendment, which revisions are included in the revised draft of the amendment attached to these minutes. Mr. Allison moved that the Commission recommend the proposed amendment to the Township Board with these revisions. Mr. Snyder seconded the motion, and it passed unanimously on a voice vote.

B. Article II. 130.202 Child Care Center & Day Care Home amended definitions

Consultant comments/Commission comments. The Township Attorney noted that the proposed changes are to conform to state law and to clarify this section of the ordinance.

Public Comment. There were no public comments.

Public hearing closed.

Planning Commission discussion. The Commissioners briefly discussed the recommended changes.

Planning Commission action. Mr. Snyder moved that the Commission recommend the amendment to the Township Board. Ms. O’Connell seconded the motion, and it passed unanimously on a voice vote.

New Business

1. Private Road Application PR-1-05 Vacant Land — Maple Road 40.95 ac / Zoned Al Varkle Drive

The Township Attorney noted the Planning Commission has no formal responsibility for review of a private road application, unless the matter is specifically referred by the Township Board. However, several Commissioners and the Township Attorney noted that the Commissioners’ comments could be helpful to the petitioner.

The petitioner's engineer presented the application. He noted that the petitioner had obtained some approvals already, including Road Commission approval for the private road entrance. He added that the petitioner was considering adding some lighting on the road and would appreciate any Planning Commission comments on that or any other matter.

The Township Engineer presented his comments, as noted on his February 3, 2005 memorandum to the Board of Trustees. The Zoning Officer also commented briefly on the application.

Several Commissioners asked whether there were any issues with drain tiles. There followed some discussion with the Zoning Officer concerning compliance with the Township’ requirements on drain tiles. Several Commissioners also had comments concerning lighting on the road. The Commissioners noted they had no formal control over such lighting, but that their preference would be to keep the lighting, and any consequent light pollution, to a minimum.

Per the Township Attorney’s comments, the Planning Commission took no formal action on the petition.

2. General Development Plan

The Commissioners discussed various possible revisions to the General Development Plan, informally assigned certain Commissioners to work on certain of those revisions, and set the following dates for future workshop meetings on revisions to the Plan (all meetings at 7:30 p.m. at the Township Hall):

    • Wednesday, March 9, 2005
    • Wednesday, April 13, 2005
    • Wednesday, May 11, 2005

Old Business

None.

Public Comment

None.

Adjournment

On a motion made by Mr. Mitchell and seconded by Ms. O’Connell, the Commission adjourned the meeting at approximately 9:15 p.m.

 

 

 

 

DRAFT
FOR TOWNSHIP BOARD REVIEW

CHARTER TOWNSHIP OF ANN ARBOR
WASHTENAW COUNTY, MICHIGAN

ORDINANCE NO. ______

Adopted:

 

Effective: ___________(7 days after publication)

 

An ordinance to amend the Ann Arbor Charter Township Zoning Ordinance.

THE BOARD OF TRUSTEES OF THE CHARTER TOWNSHIP OF ANN ARBOR ORDAINS:

 

Article X. 130.1003A Rural Districts (Section 10.03A) is amended to read as follows:

Section 10.03A:

 

P=Permitted Use C=Conditional Use A=Accessory Use

Uses

(1)

R-C

(2)

A-1

(3)

A-R

Airport landing strip, noncommercial

C

 

 

Ambulance station

C

 

 

Animal hospital , veterinarian clinic

C

C

C

Apiary

P

P

P

Bed and breakfast operations

C

C

C

Boating sales and services, and related structures and uses when part of a marine

C

 

 

Bulk feed and fertilizer outlets

C

C

 

Camping Area, travel trailer park

C

 

 

Camps

C

 

 

Cemetery (human and animal) (see Note #3)

C

C

 

Charitable, philanthropic institution

C

 

 

Church and synagogue

C

 

C

College or university

C

 

 

Conservation area for fauna, flora

P

P

 

Country Club (see Note #3)

C

C

 

Crematorium

C

 

 

Dairy Farm

P

P

 

Day Care Home or Group Day Care Home

C

C

C

Day Care Center or Child Care Center(see Note #3)

C

C

C

Farm implement sales, repair

C

C

 

Farming operations, crop raising, specialty farming, raising of livestock and fowl but not including intensive raising of livestock and fowl

P

P

P

Feed grain elevators

 

C

 

Forest preserve

P

 

 

Game refuge

P

P

 

Garage, private

A

A

A

Golf course, golf driving range (see Note #3)

C

C

 

Government buildings

C

 

 

Guest house

A

A

 

Home occupation

A

A

A

Hospital, nursing home, sanitarium

C

 

 

Hunting preserve

C

 

 

Kennel (commercial)

C

C

 

Kennel (private)

C

C

C

Library, museum (noncommercial)

C

 

 

Livestock, animal raising (except feedlots)

P

 

 

Marina

P

 

 

Nursery sales

P

C

 

Police, fire stations

C

 

 

Poultry farms

P

 

 

Private garages, attached

A

A

A

Private greenhouse

A

A

A

Public beaches

C

 

 

Public park, playground

C

 

 

Radio, TV broadcasting station (see Note #3)

C

C

 

Receiving and broadcasting towers

C

C

 

Riding stable, private

P

P

A

Riding stable, public

C

C

 

Rifle and shooting ranges

C

 

 

Roadside stand

A

A

A

Sand and gravel pits (extraction and processing) (see Note #3)

C

C

 

Schools, primary and secondary (see Note #3)

C

C

C

Signs

A

A

A

Single-family detached residence

P

P

P

Ski, toboggan facilities (commercial)

C

 

 

Sod farm

C

P

 

Storage buildings, barns, silos

A

A

A

Swimming pool, community

C

 

 

Swimming pool, private

A

A

A

Tennis club

C

 

 

Top soil removal (see Note #3)

 

C

 

Transient, temporary amusements (carnivals, etc)

(see Note #1)

 

 

 

Transmission and distribution line and pipeline and related structures, but not including buildings, of public utility companies, when located in an existing right-of-way or utility easement, telephone repeater structure

P

P

P

Transmission and distribution lines, pipelines, of public utility companies when new right-of-way or easements are required; and structures of public utility companies (see Note #2)

C

C

C

Tree farms

C

P

 

Wireless Communications Facilities (see Note #4)

C

C

 

 

Note #1: Additional regulations covering transient, temporary amusement enterprises are provided in section 3.10, herein.

 

Note #2: Provided that there shall be no storage of materials, equipment, vehicle or supplies on the premises, except as required for maintenance of a permitted or conditional use; provided further that no personnel shall be quartered on the premises; and provided that the structures shall be located, designed, constructed, and landscaped in such a manner as to conform to the character of the surrounding area and the zoning district in which located.

 

Note #3: These uses are not allowed as permitted, conditional or accessory uses in the areas designated in the Township General Development Plan for Agricultural Preservation

 

Note #4: See Article IV governing Wireless Communications Facilities. Conditional Use in A-1 only in areas not designated as residential under the Township’s General Development Plan. Conditional Use in R-C only within 100 feet of a limited access highway.

 

The Ordinance amendment shall take effect 7 days after publication.

 

 

Dated:_________________, 2005

Rena Basch, Clerk

Ann Arbor Charter Township

 

 

 

DRAFT
FOR TOWNSHIP BOARD REVIEW

CHARTER TOWNSHIP OF ANN ARBOR
WASHTENAW COUNTY, MICHIGAN

ORDINANCE NO. ______

Adopted: _____________________, 2005

 

Effective: ___________(7 days after publication)

An ordinance to amend the Ann Arbor Charter Township Zoning Ordinance.

THE BOARD OF TRUSTEES OF THE CHARTER TOWNSHIP OF ANN ARBOR ORDAINS:

Article II. 130.202 Definitions is amended to replace the definitions of Child Care Center and Day Care Home with the following:

Section 130.202

Child Care Center or Day Care Center means a facility, other than a private residence, receiving one or more preschool or school-age children for care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. Child care center or day care center includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. Child care center or day care center does not include any of the following:

 

A Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are attending for not more than three hours per day for an indefinite period or for not more than eight hours per day for a period not to exceed four weeks during a 12-month period.

A facility operated by a religious organization where children are cared for not more than three hours while persons responsible for the children are attending religious services.

Beginning July 1, 2003, a facility or program for school-age children that is operating at a school by a public school or by a person or entity with whom a public school contracts for services, in accordance with section 1285a(2) of the Revised School Code (MCL 380.1285a(2)), if that facility or program has been granted an exemption under subsection (2) of MCL 380.1285a.

Day Care Home or Group Day Care Home means a private home in which more than six but not more than 12 minor children are given care and supervision for periods of time less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. The term “group day care home” includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.”

The Ordinance amendment shall take effect 7 days after publication.

Dated:_________________, 2005

Rena Basch, Clerk

Ann Arbor Charter Township

 

 

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