'Township Board Meeting Minutes' Minutes: November 10, 2009

CHARTER TOWNSHIP OF PENNFIELD

REGULAR MEETING MINUTES

NOVEMBER 10, 2009

Supervisor Behnke called the meeting to order at 7:00 pm at the Pennfield Middle School cafeteria.

Present were Supervisor Behnke, Clerk Case, Treasuer Phillips and Trustees Bartlett, Beard, Bordine-

Houseman and Ensign. There were six residents present. Supervisor Behnke led the Pledge of Allegiance.

PRESENTATIONS/PROCLAMATIONS

None

CITIZEN/PUBLIC COMMENTS (AGENDA ITEMS ONLY)

None

ADDITIONS/DELETIONS TO AGENDA

There were no additions or deletions to the agenda. It was moved by Treasurer Phillips and supported by

Trustee Ensign to accept the agenda as presented. Motion carried.

CONSENT AGENDA

It was moved by Treasurer Phillips and supported by Trustee Ensign to approve the Consent Agenda.

Motion carried. The Consent Agenda consists of the following items:

1) Meeting Minutes of October 13, 2009

2) Utilities Division monthly report (see Addendum A)

3) Code Compliance monthly report (see AddendumA)

4) Permits Department monthly report (see Addendum A)

5) Assessors Department monthly report (see Addendum A)

DEPARTMENT REPORTS

POLICE: Lt. Eddy from the Calhoun County Sheriffs Department gave the police report for the month

of October, 2009. The stats are as follows: 75 traffic citations, 75 verbal warnings, 24 traffic crashes, 84

arrests, 57 self general complaints, 191 dispatched complaints and 585 property inspections.

FIRE: Chief Smith gave the fire report for the month of October, 2009. The stats are as follows: There

were 60 calls: 2 fire, 39 rescue & emergency, 6 hazardous condition (no fire), 5 service calls, 7 good intent calls and 1 false alarm.

UNFINISHED BUSINESS

None

NEW BUSINESS

1. It was moved by Treasurer Phillips and supported by Trustee Ensign to adopt Pennfield Charter Township Ordinance #104I-11-09 of 2009. Motion carried.

ORDINANCE NUMBER 104I-1-09 OF 2009

AN ORDINANCE TO AMEND APPENDIX B OF THE PENNFIELD CHARTER TOWNSHIP CODE OF ORDINANCES, KNOWN AS THE "PENNFIELD CHARTER TOWNSHIP ZONING ORDINANCE," IN ORDER TO CREATE A CAPITAL BUSINESS DISTRICT, REGULATE WIND ENERGY CONVERSION SYSTEMS, AMEND THE ZONING MAP, AND AMEND OTHER PROVISIONS OF THE ORDINANCE DEALING WITH SITE DEVELOPMENT AND SETBACKS.

PENNFIELDCHARTER TOWNSHIPORDAINS:

SECTION 1. Section 4.01 of Appendix B of the Pennfield Charter Township Code of Ordinances, known as the "Pennfield Charter Township Zoning Ordinance," is hereby amended to read as follows:

Section 4.01. Districts established.

SECTION 2. Section 4.02.A of Appendix B of the Pennfield Charter Township Code of Ordinances, known as the "Pennfield Charter Township Zoning Ordinance," is hereby amended to read as follows:

A. Boundaries. The boundaries of the districts listed in section 4.01 are hereby established as shown on the Pennfield Charter Township Zoning Ordinance Map dated November 10, 2009, which is part of this ordinance.

SECTION 3. Chapter 5A.04.C and D of Appendix B of the Pennfield Charter Township Code of Ordinances, known as the "Pennfield Charter Township Zoning Ordinance," is hereby amended to read as follows:

C. Front yard setback. The minimum front yard setback is established as 125 feet from the existing centerline of the road. The first 75 feet (from the centerline) are preserved for expansion of M-66, related infrastructure, sidewalks, utility right-of-way and landscaping. The last 50 feet provides for the required building setback and can be utilized for parking purposes and may include sidewalks and landscaping.

D. Access management. An existing intersecting public road or private access road shall be at least 800 feet from any other existing public road, private road or access drive. Parcels or lots with frontage on the preserved corridor having a frontage width of at least 800 feet shall be allowed one access drive or private driveway. All other lots or parcels fronting on the corridor less than 800 feet in width shall be accessed by public roads or private access roads or drives as defined within this ordinance. Private driveways shall not be located within 330 feet of any adjacent driveway, private road or public road intersection located on the same side as the point of access, unless existing driveways or roads make such location unfeasible.

SECTION 4. Chapter 13.A of Appendix B of the Pennfield Charter Township Code of Ordinances, known as the "Pennfield Charter Township Zoning Ordinance," is hereby created to read as follows:

Chapter 13.A

Capital Business District (CBD)

Section 13.A.01 Purpose

This District is intended to support a wide range of uses with frontage or access from Capital Avenue (M-66). The CP Corridor Preservation Overlay District will further define these frontage and access requirements. The scope of permitted uses and special land uses within the CBD is based upon prior zoning that included commercial, residential and agricultural zones. This District is based upon the primary intent to support commercial uses, with residential and agricultural uses permitted as special land uses.

Section 13.A.02 Permitted Uses

No land or buildings in the CBD shall be used, erected, altered or converted, in whole or in part, except for the following uses permitted by right:

A. All uses permitted in the C-2 Community Commercial District

B. Shopping centers or plazas supporting two or more permitted uses, with any special land uses subject to that approval process.

C. Municipal offices or public facilities, including park and recreation areas, or those devoted to public utilities, communications and emergency services. Such use may include open-air buildings with roofs (such as pavilions and gazebos) and other permanent or temporary structures (including tents) for seasonal or community event purposes.

D. Accessory uses or buildings.

Section 13.A.03 Special Land Uses

No land or buildings in the CBD shall be used, erected, altered or converted, in whole or in part, except when approved in accordance with the requirements under Chapter 17. The Planning Commission may recommend, and the Township Board may approve, a waiver of the specific conditions listed for such use based upon the desire to support a mix of uses within the District. In addition, any such use utilizing a regulated substance under the Pennfield Township Wellhead Protection Ordinance shall be regulated as a special land use and subject to those wellhead protection requirements.

A. All special land uses in the C-2 Community Commercial District excluding Municipal buildings.

B. Package liquor, beer and wines sales, unless secondary and incidental to the primary grocery business.

C. Agricultural and horticultural uses or similar uses that include either production or sale of such crops, plants or trees.

D. Residential use within a mixed use development, including attached residential units.

E. Bed and breakfast or similar lodging establishment that does not exceed six sleeping rooms and no meals, other than a breakfast, are served.

F. Assisted living facilities, nursing homes or similar facilities.

Section 13.A.04 Site Development Requirements

All permitted uses and special uses are subject to the following site development requirements:

A. General provisions outlined in Chapter 3.

B. Site Plan Review as required under Section 16.01.

C. Parking standards as outlined under Section 16.02, subject to waiver where on-street or off-site parking facilities are available within 500 feet and/or where the mix of uses supports varying times of peak utilization.

D. Signs, in accordance with the provisions under Section 16.03 and the design guidelines outlined within this Chapter 13.A.

E. The following guidelines shall be adhered to in lieu of no specific lot area requirements:

(1) Adherence to the Corridor Preservation (CP) Overlay District requirements.

(2) The lot or site shall provide for no less than 20 percent open space, inclusive of setback areas, with such space devoted to landscaping and to enhance pedestrian movement.

(3) The maximum building height shall be 35 feet, with exceptions for towers, cupolas or steeples up to a maximum 50 feet in height.

(4) The minimum floor area for a single business shall be 600 square feet and the storefront shall have a minimum width of 20 feet.

(5) The minimum front yard setback for both buildings and parking areas shall be 15 feet from the actual or preserved road right-of-way, unless street trees and no less than a five (5) foot-wide sidewalk are included within the right-of-way, in which case the front yard setback may be reduced to five feet.

Section 13.A.05 Design criteria and review

Prior to the formal submission of a site plan to the planning commission, a preliminary site plan shall be submitted to a five-member design review committee made up of two members of the downtown development authority, one member of the township board, one member of the planning commission and one member of the general public residing in, or within one-mile of, the CBD boundary. Such members shall be appointed by the township supervisor and their role shall be to assist the planning commission in conducting site plan review and shall be advisory in nature. The criteria to be considered, in addition to the requirements for site plan review, are as follows:

A. Layout and design. The layout and design shall include curb and gutter, sidewalks and lighting, with standards established by the design review committee (subject to appeal to the ZBA). In addition, such layout shall be meet access management requirements and be oriented to enhance pedestrian movement and minimize conflict with vehicular circulation and parking areas. Sidewalks and/or bike paths may be required where planned for or for connection to adjoining businesses.

B. Visual appearance. For retail and personal service business, the visual appearance of the building shall include glass for eye-level display and may include porches, awnings or canopies to provide cover for pedestrians.

C. Landscaping. Landscaping shall be provided between the roadway and the building and/or between the roadway and any parking or service drive. Shade trees shall be planted at intervals not greater than one tree for every 50 feet along any public street within the CBD or use shrubbery or planting areas where visibility is of concern for pedestrians and motorists. The use of berms or screen fencing (not to exceed 30 inches in height) shall be considered when large expanses of parking or service drives front onto or parallel the public street. Landscape islands within the parking lots are required for any lot or site in excess of 50 spaces at 200 square feet for every ten spaces. A landscape plan shall be submitted with the preliminary plan for review by the design committee.

D. Exterior lighting. Exterior lighting shall not exceed .5 footcandles at the property line and be coordinated with adjoining businesses and to enhance pedestrian movement and safety. Any freestanding poles shall be situated within a landscape island or be designed in a manner that blends with the appearance of the development.

E. Parking. Parking areas shall be located in a manner that minimizes the conflict with continuous pedestrian movement throughout the CBD. Emphasis is placed on reducing the size of individual parking lots unless devoted to shared parking accessible to a number of businesses. Toward this intent, multi-use sites shall not be required to meet parking standards for all uses when it can be shown that days and hours of operation may not overlap between the proposed and existing uses on the site. Where available parking is within 500 feet of the subject site and private cross access agreements are in place, including connection by sidewalk or bikepath facilities, a site plan may be approved with a deficiency in required parking. It is recommended that parking be located within rear or side yards to reduce conflict with pedestrian movement to the establishment.

F. Signs. Signs shall adhere to the requirements under Section 16.03 unless in conflict with the following:

(1) Individual ground-mounted signs shall not exceed a height of eight feet and shall not exceed 24 square feet in area. The front yard sign setback shall be a minimum of 25 feet or within a landscaped area between an existing or proposed sidewalk and parking area. It shall not be closer than 50 feet to any other freestanding sign and shall not be a physical or visual obstacle to pedestrian or vehicular movement. The base shall be landscaped with shrubbery, plants or flowers.

(2) Multiuse signs identifying no less than four businesses within a shopping center or similar development may not exceed 15 feet in height and 48 square feet in area. Within such a multibusiness sign, each individual nameplate shall not exceed 12 square feet in area. Address identification shall be included with any multiuse sign. Ground-mounted signs with landscaping are required.

(3) Wall signs shall not exceed one square foot for every two linear feet of building wall area for each entrance, not exceeding two sides. The total wall sign area shall not exceed 20 square feet for each sign and shall be separated from any other wall sign by at least five feet.

(4) Decorative projecting signs shall be permitted in place of a wall sign, with the structure of the projecting sign not extending beyond four feet from the building.

(5) Use of canopy or awning signs are permitted, provided the sign does not exceed ten square feet in area and the content is limited to business name, logo or address. Down lighting is preferred and any back lighting within the canopy or awning may only illuminate the name, logo or address of the business.

SECTION 5. Section 15.01 of Appendix B of the Pennfield Charter Township Code of Ordinances, known as the "Pennfield Charter Township Zoning Ordinance," is hereby amended to read as follows:

Section 15.01. Schedule of regulations.

Unless specified elsewhere in this ordinance, all uses, structures and buildings on all zoning lots shall conform to the Schedule of Regulations and accompanying footnotes shown on the following pages.

SCHEDULE OF REGULATIONS*

*Footnotes are an integral part of these district regulations and should be read in conjunction with the above schedule.

Note: 43,560 square feet = 1 acre.

SECTION 6. Section 17.07.UU of Appendix B of the Pennfield Charter Township Code of Ordinances, known as the "Pennfield Charter Township Zoning Ordinance," is hereby created to read as follows:

UU. Wind Energy Conversion Systems (WECS).

A. Purpose: The regulation of wind energy conversion systems, including the height, minimum lot area and required setbacks for such systems, is intended to provide for an alternative source of power generation while protecting the health, safety and welfare of Township residents.

B. Definition: Wind energy conversion systems: A system which converts wind energy into electricity through the use of a wind turbine generator and includes the turbine, blades, and tower as well as related equipment. A "small turbine/on‑site" system is intended to primarily for personal use of the customer, with a single tower that may, or may not, be connected to the utility grid. A "large turbine/utility grid system" is designed to generate electricity from one or more towers (within an array) and is intended primarily for commercial use or to serve institutions, residential communities or larger cooperatives.

C. Special land use: Due to the concerns related to health, safety and welfare, such systems shall be regulated as special land uses within all zoning districts, unless otherwise specified. The following requirements shall be met and the Planning Commission may impose additional conditions where appropriate:

1) In addition to the requirements for site plan review, the site plan of the property shall show the location of overhead electrical transmission or distribution lines, whether utilized or not, and the location of the WECS with its specific dimensions, including the entire area through which the rotor(s) may pass, the location of any guy wires or other support devices, and the location of all dwelling units within five hundred feet (500') of the WECS.

2) Each special land use permit application shall be accompanied by a complete set (either the original or an accurately reproduced copy) of the manufacturer's instructions which shall, at a minimum, include the following: A standard foundation and anchor design or specifications for normal soil conditions; Detailed instructions for operation and maintenance of the WECS on site; A copy of all warnings and/or documents provided by the manufacturer of the WECS; Grounding and lightning procedures protection which follow the National Electrical Code, Articles 250 (Grounding) and 280 (Lightning Arresters). In addition, the Underwriters Label shall be attached to the base of the tower and any subsystem, such as the generator. The following information shall also be included with the application: The name, address, and telephone number of the owner of the tower/subsystem; Manufacturer's name and address; Model number; Emergency and normal shutdown procedures; The survival wind speed in miles per hour and meters per second for the tower and the maximum power output for the generator.

Following installation, the Name of installer; Name of person responsible for maintenance; Emergency telephone number in force for the installer and the person responsible for maintenance shall be attached to the base of the tower.

3) Electromagnetic Interference: The entire WECS (including turbines, alternators, generators, and interconnect systems) shall be filtered and/or shielded to prevent the emission of generated radio frequency energy which would cause any interference with radio, and/or television broadcasting or reception, and shall comply with Federal Communication Commission Rules.

4) Noise: The maximum level of noise permitted to be generated by any WECS shall be fifty (50) decibels, as measured on the DBA scale, measured at the property line nearest the WECS. The Planning Commission may request that a baseline study of the decibel levels existing prior to the installation be included as required documentation for review.

D. Site development: The following site development requirements shall apply:

1) Lot Area/Setbacks: No "small turbine/on‑site" WECS shall be erected on any lot or parcel less than one (1) acre in area and no "large turbine/utility grid" WECS shall be erected on any parcel less than twenty (20) acres in area. The tower(s) shall be situated on the lot or parcel so that no portion of the tower or turbine is closer to above‑ground utility lines and/or property lines than 150% of the height of the tower as defined in (b) below. For roof‑mounted systems that exceed the maximum building height within the underlying district, the minimum setback from any property line shall be no less than 110% of the combined height of the roof location and system, including any blades. For roof‑mounted systems that do not exceed the building height requirements, the system may be permitted without obtaining a special use permit but shall be required to obtain a building, electrical or mechanical permit for such installation and adhere to the noise standards as listed above.