County  of  Antrim

PLANNING  COMMISSION

 

Jill Barnard

Jim Pascoe, Chairman

Al Luurtsema

Joe Allen

Tom Maleck, Vice-Chair

Laura Stanek

Barbara Bradford

Alan Martel, Secretary

Marshall  Wright

 

Minutes

January 4, 2005, 7 p.m.

Antrim County Building - Board of Commissioners Room

 

Members present:

 

Tom Maleck, Al Luurtsema, Alan Martel, Marshall Wright, Barbara Bradford, Joseph Allen, Laura Stanek, and Jim Pascoe

Members absent:

 

Jill Barnard

Advisory present

 

Stan Moore

Staff and others

 

Peter Garwood and Jim Gurr

 

 

 

1.       Meeting called to order at 7:00 p.m. by Jim Pascoe, Planning Commission Chair.

2.       Public Comment:

 

None.

3.       Election of Officers

 

Mr. Pascoe announced that for the election of officers Peter Garwood, Coordinator/Planner, will run the meeting during the process for electing a Chairperson.

 

§         Chairperson

Mr. Garwood opened the floor for nominations for Chairperson.

 

Marshall Wright nominated Jim Pascoe for chairperson of the Planning Commission.

 

Motion by Marshall Wright, supported by Al Luurtsema, to close nominations and cast a unanimous ballot for Jim Pascoe for Chairperson of the Planning Commission.  Motion carried – unanimous.

 

§         Vice Chairperson

Barb Bradford nominated Tom Maleck for Vice Chairperson.

 

Motion by Marshall Wright, supported by Barb Bradford, to close nominations and cast a unanimous ballot for Tom Maleck for Vice Chairperson of the Antrim County Planning Commission.   Motion carried – unanimous.

 

§         Secretary

Ms. Bradford nominated Alan Martel for Secretary.

 

Motion by Laura Stanek, supported by Barb Bradford, to close nominations and cast a unanimous ballot for Alan Martel for Secretary of the Planning Commission.  Motion carried – unanimous.

 

Mr. Garwood was directed to make sure the Planning Commission (PC) minutes and agendas reflect that Alan Martel is the commission secretary.

4.       Public Comment

 

Jim Gurr encouraged all PC members to read Thomas Sowell article, in the January 1 edition of the Record Eagle, regarding property rights.

5.       Approval of Minutes

 

Mr. Pascoe indicated a correction should be made to the minutes of December 7, 2004.  The minutes indicate he was the acting chairperson, when in reality he was the chairperson.

 

Motion by Marshall Wright, seconded by Barb Bradford, to approve the December 7, 2004 minutes with the following corrections:

 

Remove the sentence in #1. “Meeting called to order at 7:05 p.m. by Jim Pascoe the acting Chair.”  and replace it with, “Meeting called to order at 7:05 p.m. by Jim Pascoe, Planning Commission Chair.”

 

Motion carried – unanimous.

6.         Conflict of Interest Disclosure

 

None.

7.       Natural Hazards Mitigation Plan

 

The Commission reviewed the Natural Hazards Mitigation Plan for Antrim County one last time before sending it to the Board of Commissioners.  Sarah Merz, GIS Analyst from the Northwest Michigan Council of Governments, was on hand to answer questions.

 

Motion by Bradford, seconded by Marshall Wright, to forward the Hazardous Mitigation Plan to the Board of Commissioners with a recommendation for adoption.  Motion carried – unanimous.

8.      Torch Lake Township Zoning Ordinance Proposed Amendments

 

Mr. Garwood outlined the amendments for the Commission.  The amendments address two issues: 

     1.  The inclusion of Sexually Oriented Businesses (SOBs) in the Commercial District and
          part of the Agricultural District. 

     2.  The inclusion of Wineries in the Agricultural District.

 

Joe Allen commented how he thinks the township is demonstrating foresight in addressing this issue before they are approached by someone wanting to locate an SOB in the township.

 

Barb Bradford agreed.

 

Al Luurtsema feels allowing the Sexually Oriented Business that close to Torch Lake is a mistake.  He said this would be an invitation to attract boat traffic to the business.

 

§         Concerns:

The Planning Commission questioned whether the Township can restrict any use to only a portion of a zoning district (i.e. restricting SOB’s to Section 1 and Section 6 even though the Agricultural district covers many other sections of the Township).  The Township should take the question to legal counsel.

 

The Planning Commission was also concerned that the Agricultural district, in which an SOB is allowed, is very close to the Barnes Park Campground where there are families with children.

 

Motion by Marshall Wright, supported by Al Luurtsema, to recommend, before the Township approves the proposed amendment to the Torch Lake Township Zoning Ordinance regarding Sexually Oriented Businesses, they consider the following:

·         The Township should review the need for having this use in the Ag District close to Barnes Park.

·         The Township should check with legal counsel on whether a use can be restricted to only a portion of a zoning district.

·         The Township should consider restricting SOBs from being within 500 feet of a navigable body of water.

Motion carried – unanimous.

 

§         Wineries

The general feeling among the Planning Commission members was that adding wineries and/or wine tasting rooms, to the uses allowed by special use permit, is a reasonable amendment.

 

Motion by Al Luurtsema, supported by Joe Allen, to recommend the Township approve the proposed amendment to allow wineries (and wine tasting facilities) in the Agricultural District of the Torch Lake Township Zoning Ordinance.  Motion carried – unanimous.

9.      Elk Rapids Township Proposed Zoning Ordinance Amendment

 

17.04, A., 7. indicates the requirements for submission for a Site Plan Review must include “The name and address of the engineer, architect and/or land surveyor.”   Marshall Wright thought it should also require the name and address of the planner if one is involved in the project.

 

Commission discussed the ability to dictate color of materials.

 

17.04, B., 27., a) requires the applicant to present “Documents confirming that the applicant has a legally sufficient interest in the property proposed for development to use it in the manner requested, or is the duly appointed agent.”  This appears to be redundant with 17.04, A., 1. through 7.

 

Motion by Laura Stanek, supported by Barb Bradford, to recommend Elk Rapids Township approve the proposed amendments to Chapter 17, Site Plan Review after consideration of the following comments:

·         Section 17.04, A., 7. indicates the requirements for submission for a Site Plan Review must include “The name and address of the engineer, architect and/or land surveyor.” The Antrim County Planning Commission (ACPC) recommends the subsection also require the name and address of the planner if one is involved in the project.

·         Section 17.04, B. 26.  The ACPC recommends the Township give further thought regarding the desirability of dictating the color and materials used in constructing a building.

·         17.04, B., 27., a) requires the applicant to present, “Documents confirming that the applicant has a legally sufficient interest in the property proposed for development to use it in the manner requested, or is the duly appointed agent.”  The ACPC advised the Township to check to see if this requirement is redundant with 17.04, A., 1. through 7.

Motion carried – unanimous.

10.      Banks Township Land Use Plan

 

This issue was deferred to the next meeting.

11.    Interim Rules of Procedure Update

 

Mr. Pascoe and Mr. Garwood met on the Rules for Procedure, since the last Planning Commission meeting.  The rules were forwarded to the County Legal Counsel for re-drafting.

12.    Communications

 

Purchase of Development Rights training workshop – Mr. Garwood announce that if any of the Planning Commission members were interested in going the County would pick up the cost of the training.

13.    Comments

 

Marshall Wright would like to see more standardization between communities on language for similar ordinances.

 

Alan Martel commented on how governmental agencies need to open the lines of communication more.  He feels that the fact that he is both on the County PC and the Township PC (and that the law allows him to be on both) is a step in the right direction.

 

Stan Moore informed the Commission that the Parks and Recreation Plan is in draft form and will be given to the Board of Commissioners at their January 13 meeting.  The plan is to eventually adopt the Parks and Recreation Plan as a part of the Master Plan.

14.    Public Comment

 

Jim Gurr commented on how the Torch Lake Township proposed zoning amendment would allow Sexually Oriented Businesses to locate on the border of Torch Lake Township and Banks Township. He also commented the riparian rights issues that Helena Township has been dealing with, and how through his position on the Township Board, he sees the same attorneys arguing both sides of the issue.

 

He also distributed an article by Thomas Sowell on property rights.

Meeting adjourned 8:40 p.m.

 

Submitted and Approved

 

 

 

 

 

Alan Martel               Date:

Secretary

Antrim County Planning Commission