Barton Hills Village, Michigan

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June 4, 2013



June 4, 2013

The special meeting of the BHV Planning Commission for the purpose of discussing the proposed zoning ordinance and approving minutes was called to order by Chair Weingartner at 6:02 PM at the Village Hall.

ROLL CALL Present: Commissioners CMacKrell, JMacKrell, Richards, Wallace, Weingartner and Zoldan. Absent: Commissioner Curtner.
Others present: ZPA Perry, BHV President Boddie, Supt. Esch and four residents.

PUBLIC HEARING The public hearing for the proposed zoning ordinance was convened at 6:03 PM.

Speaker 1: A practicing architect commented on several items, stating that he has worked with a wide variety of zoning codes. He didn’t think the proposed ordinance was ready for adoption yet because too many things were vague or confusing. For example:

--Definitions, page 5. Floor Area, Gross. This should include exterior walls, and is confusing in the description of exclusions/inclusions and area without surrounding walls.

--Definitions, page 6. Floor Area, Net. Language is ambiguous concerning unoccupied accessory areas.

--Definitions, page 6. Lot Width. On many lots in BHV it is difficult to determine where the front lot line is based solely on the relationship of the lot to a street, and therefore the definition is not adequate to determine lot width.

--Section 3.03(6), page 13. The standards listed in Article 6 indicate lighting plans are only required for projects requiring site plans. Why ask for exterior lighting locations for a certificate of zoning compliance in this section?

--Section 3.03A, page 12. What’s the difference between a building and a structure?

--Section 5.03B(1), page 24. No structure can exceed the height limit by more than five feet. Do we want free-standing solar panels 45 feet tall? What about parapets?

--Section 5.03B(2), page 24. Structures permitted for incidental use to principal building—is this occupied or non-occupied? Is 10% of the roof area gross area or net?

--Section 5.07A(3), page 25. What is an attached accessory structure—how is that defined? Should the zoning administrator be put in the position of having to determine architectural style (5.07A(3)(a))?

--Given the irregularity of lots shapes/sizes in BHV, there should be a more useful way to define what amount of a lot is considered usable, such as the bubble method.

--It doesn’t make sense that there is little regulation relative to construction of a house under 10,000 square feet, but construction of an 18” retaining wall requires full board review.

The speaker commended the Commissioners, recognizing that a lot of work has been done. He urged continued discussion in order to produce the best code possible that people can understand and follow.

Speaker 2: Referring to written comments the speaker had submitted prior to the hearing, she recommended addition of the term “restrictive covenant” to the Definitions (Section 2.02). Readers of the ordinance should be aware that most BHV lots are subject to restrictive covenants. Clarification was also recommended in Sections 4.04, 4.05, 4.06 and 6.02 as noted in her written comments. She expressed appreciation for the fine effort of the Commissioners in doing this tedious, difficult work.

There being no further comments from the public, the public hearing was closed and the meeting of the Planning Commission was called to order at 6:24 PM. (Richards/CMacKrell/P unanimously)

MINUTES The minutes of the April 23, 2013 meeting were approved as printed. (Richards/JMacKrell/P unanimously)

DISCUSSION Proposed zoning ordinance

Discussion of the map for the proposed zoning ordinance focused on whether parklands should remain under R1 or be designated RC. It was noted that the map is the same as the map included in the BHV Master Plan, that it was important that the two maps be the same, and that if changes were made they should be made to the Master Plan map first. Possibilities for designation of greenbelt space were also suggested.

The Commissioners agreed that no changes would be made to the map for the proposed zoning ordinance at this time, and that the map for the Master Plan would be discussed at a Planning Commission meeting in the near future. ZPA Perry will make changes in the proposed zoning ordinance based on the public comments received at the public hearing. The final draft of the ordinance will then be distributed to the Commissioners and a meeting will be held to vote on whether or not to recommend the ordinance to the BHV Trustees for adoption.

The meeting was adjourned at 7:29 PM. (Richards/JMacKrell/P unanimously)

Janice K. Esch, Assistant Secretary     Approved 11/12/13