ZONING COMMISSION MINUTES
JULY 27, 2016
Linde & Todd Finke
Dan & Debi Barlow
Chairman Paul Shaw called the meeting of the Catawba Island Township Zoning Commission at 7:30 p.m. For the record, he identified the date as July 27, 2016.
He introduced himself, as well as the other Commission members, that included Jordan Davenport, Vice Chairman, Ron Wiseman, Stephen Lonneman and alternate member, Dr. Greg Hart. Mr. Shaw requested Dr. Hart participate as a member for the hearing taking the place of Curtis Baxter who was absent. He also introduced Walter Wehenkel, Zoning Inspector & Zoning Commission Secretary.
Mr. Shaw welcomed those in attendance. He stated the Zoning Commission appreciated their interest. He advised those in attendance that debates/talking amongst themselves would not permitted. He asked that those in attendance sign the register. He requested that any person wishing to speak be recognized by the chairperson and identify themselves by name and address for the record. He asked that all cell phones be turned off. The Pledge of Allegiance was recited.
Mr. Shaw suggested the following agenda for the meeting.
1) Consider application # 008696 from Heiberg Inc., John Kronberg - President to rezone property in Section 25 & 26 including all of the lots in the L.C. Heights Allotment, Plats 1 & 2 except lot #1 along with adjoining acreage totaling approximately 27.172 acres from the A, R-1, and R-2 Residential Districts to the R-E Residential Estate District.
2) The reading and approval of our last meeting minutes from March 16, 2016 meeting.
3) Any old business
4) Any new business
Mr. Shaw asked if there were any additions or changes to the proposed agenda. There were none. Jordan Davenport made a motion to approve the proposed agenda for the meeting. Ron Wiseman seconded the motion. The motion passed.
Agenda Item 1 – Mr. Shaw asked for a motion to consider application # 008696 from Heiberg Inc., John Kronberg - President to rezone property in Section 25 & 26 including all of the lots in the L.C. Heights Allotment, Plats 1 & 2 except lot #1 along with adjoining acreage totaling approximately 27.172 acres from the A, R-1, and R-2 Residential Districts to the R-E Residential Estate District. Stephen Lonneman so moved. His motion was seconded by Jordan Davenport and passed.
Mr. Shaw asked if any board member has a personal or professional conflict concerning the case. No one did. Mr. Shaw stated he was going to recuse himself from this part of the meeting due to a potential conflict of interest. He requested Vice Chairman Jordan Davenport conduct the meeting.
Mr. Davenport asked Mr. Wehenkel if the legal description was required to be read aloud. Mr. Wehenkel stated it was not a requirement. Mr. Davenport stated the Commission members all had a copy of the description and he would waive the reading of it due to its length. Mr. Wehenkel noted it was an amended description as a small easement that was included originally had to be removed. He identified the easement location on the map.
Mr. Davenport asked Mr. Wehenkel if he had received any correspondence on the rezoning request. Mr. Wehenkel noted there was no correspondence from the general public, but the Ottawa Regional Planning Commission had submitted its letter of recommendation. Mr. Davenport read the letter from Regional Planning which included the recommendation of approval of the rezoning request.
Mr. Davenport asked who was in attendance representing the applicant. Len Partin introduced himself to the Commission. He stated the request is to change the zoning in order for the owner to consider building a planned unit development. It would likely include single family and multi-family housing units. The owner has not done any detailed study or layouts. The rezoning is necessary prior to expending that type of money. He understands they will need to submit detailed plans for review by the Zoning Commission once the zoning classification is changed. Jordan Davenport acknowledged the zoning change is the first step in a multi-step process.
Linde Finke was recognized by the Mr. Davenport. She stated Mr. Partin had visited her and her husband and briefly explained some of their plan. She stated she was not sure if they were in total agreement with what they heard. She asked about the number of housing units that could be built on the site. Mr. Wehenkel stated the “R-E” zoning district would allow 4 units per acre. Mrs. Finke stated for the lot to the south which is 2 acres that would mean eight housing units. Mr. Wehenkel stated that was correct. Mrs. Finke stated they bought it as a single family development. She asked about setbacks from lot lines. Mr. Wehenkel stated the required setbacks would be 20 feet in the front and rear yard and 10 feet on the side yards. He stated he could not say which type of yard would adjoin their lot without the formal plans. Mrs. Finke asked if the right-of-ways were being vacated. Mr. Wehenkel stated the private streets in the L.C. Heights Allotments were likely being vacated, but the public roads were not being vacated.
Jordan Davenport stated there are some assumptions that could be made. Mr. Partin stated he is working with the County Sanitary Engineer concerning the water and sanitary sewer lines. Mrs. Finke stated it will be difficult for the infrastructure as the rock is pretty solid.
Barbara Radebaugh stated seeing an overall plan would certainly be helpful in understanding the proposed impact the development might have on the neighbors. She wondered about the price of the units and if they would be single family or multi-family. Mr. Partin stated the owner would need to do an economic impact report before determining sale prices. Mrs. Radabaugh stated she felt an initial investment by the owner would be prudent so that the neighbors know what they may be looking at if the rezoning is approved. Mr. Partin apologized and stated that type of detail is just not available yet.
Mr. Davenport reminded those in attendance that the owner’s statements are not binding once the rezoning is approved. The owner will need to submit detailed development plans for the planned unit development to be approved. This type of review will be binding on the owner and will occur after the change of zoning occurs. Neighbors will have the opportunity to provide input to the Zoning Commission at that time.
Mrs. Radebaugh asked what the owner’s general concept might be. Mr. Partin stated the proposed development would complement the Mon Ami. The client base will likely be past customers of the Mon Ami and others that may be interested. The owner will need to seek information on the water and sanitary sewer connections from the County. This cost could be $400,000 or $4,000,000. Those numbers just have not been defined yet. The zoning in place will allow the owner to invest in getting those numbers finalized. Mrs. Radabaugh asked if the homes would be purchased. Mr. Partin stated they could be investments where it is purchased and rented out. Mr. Davenport read the types of uses that are permitted in the proposed “R-E” zoning district. He stated the homes would likely be clustered together and not dispersed as in a traditional subdivision setting.
Kathryn Warner asked if it the development would be strictly residential. Mr. Wehenkel stated some “C-1” type uses could be included, but the percent of the total land area devoted to commercial uses would be restricted. Debi Barlow asked how many units would be permitted. Mr. Wehenkel stated the limit is 4 units per acres times the total acreage. A quick number would be 98 housing units. Mr. Davenport stated without a plan, it is purely speculative. Mrs. Barlow stated she had heard single family as well as some homes for rental purposes. Mr. Wehenkel stated condominium units could be rented out weekly, but single family would require a minimum monthly rental period.
Mr. Wehenkel explained the rezoning process requires two public hearings; one by the Zoning Commission and one by the Township Trustees. If the rezoning is approved by the Trustees, then the owner would be required to submit detailed development plans and two additional public hearing would be held. Input on the detailed plans could be provided by the neighbors and a final site plan would be adopted that the owner would need to follow.
Mrs. Radabaugh asked about green space. Mr. Wehenkel stated a minimum of twenty percent of the total acreage must be set aside as green space. Mrs. Radabaugh asked if ten percent was the commercial amount. Mr. Wehenkel stated that was correct. Mrs. Radabaugh asked Mr. Partin if commercial was being considered by the owner. Mr. Partin stated right now commercial is not being considered.
Linde Finke asked for an explanation of the difference between single family and multi-family. Mr. Wehenkel stated single family is one dwelling unit. Multi-family is two or more dwelling units in the same building. So a duplex, quadplex, etc. would be considered multi-family and could be rented out for shorter periods of time than a month.
Mr. Davenport asked for any additional questions or comments. There were none and he closed the public hearing. Ron Wiseman asked the owner if there were any wetlands on site. Mr. Partin stated he was not aware of any wetlands. Mr. Wiseman asked about outside noise and if any limitations would be set. Mr. Partin stated the people investing in a unit would know what they are buying next to, so that should not be an issue.
Mr. Davenport asked the Zoning Commission members if they were ready to vote. He stated a request has been made in Application # 008696 from Heiberg Inc., John Kronberg - President to rezone property in Section 25 & 26 including all lots except Lot #1 in the L.C. Heights Allotment, Plats 1 & 2 along with adjoining acreage totaling approximately 27.172 acres from the A, R-1, and R-2 Residential District to the R-E Residential Estate District. He requested a motion. Stephen Lonneman moved to approve the rezoning as requested. Ron Wiseman seconded the motion.
Mr. Davenport stated a “yes” vote indicates you are in favor recommending the proposed Application # 008696 from Heiberg Inc., John Kronberg - President to rezone property in Section 25 & 26 including all lots except Lot #1 in the L.C. Heights Allotment, Plats 1 & 2 along with adjoining acreage totaling approximately 27.172 acres from the A, R-1, and R-2 Residential District to the R-E Residential Estate District. All of the Zoning Commission members voted yes.
Mr. Davenport stated he proposed Application # 008696 from Heiberg Inc., John Kronberg - President to rezone property in Section 25 & 26 including all lots except lot #1 in the L.C. Heights Allotment, Plats 1 & 2 along with adjoining acreage totaling approximately 27.172 acres from the A, R-1, and R-2 Residential District to the R-E Residential Estate District will be recommended to the Catawba Island Trustees for their consideration. The date of this meeting will be August 23, 2016 @ 7:00 p.m. Mr. Wehenkel reminded those in attendance that they would not receive a notice of the Trustees hearing, so they should plan to attend.
Stephen Lonneman stated that the process for a planned unit development may seem a little strange, but it is a two step process established by law that must be followed. The Commission gets direction from the Land Use Plan on zoning situations and in this case, the Plan supports the “R-E” zoning request. The process does work and the township has some very attractive planned unit developments.
Mr. Davenport stated the Commission would proceed with the agenda. Those in the attendance are welcome to stay, if you like. Mr. Davenport requested a motion to approve the minutes of the March 16, 2016, Zoning Commission meeting. Dr. Hart so moved. His motion was seconded by Stephen Lonneman and passed.
Mr. Davenport asked if there was any old business. Mr. Wehenkel stated he had none. Mr. Davenport asked for any new business. Mr. Wehenkel stated there may be another rezoning request forthcoming in the next month or two. He also explained that the Zoning Commission is required to review the screening for a proposed loading berth to a commercial store. So if the Dollar General proposal is resurrected, that review process will be required. The next scheduled meeting for the Zoning Commission is August 24, 2016 “if needed”. Stephen Lonneman moved to adjourn the meeting. Dr. Hart seconded the motion. The meeting was adjourned at 8:15 p.m.