[0:16] And then it's really hard to visualize [0:17] how you could ever put it in, right? [0:20] You know like [0:23] Good Evening by the clock on the wall. [0:25] It is now 6:00 PM [0:26] and it's time for the SMO Township Planning Commission [0:30] meeting of September the 24th. [0:31] 2026. Would you please rise and join us? [0:35] In the recitation of the Pledge of Allegiance, [0:40] I plead to the flag of the United States of America [0:44] and to the republic for which it stands. [0:47] One nation under God, indivisible, with liberty [0:51] and justice for all. [0:58] Thank you. We have an agenda in front of us. [1:01] Does anybody have any additions [1:03] or corrections to be made to the agenda as it is prepared? [1:11] If there are none, can I have a motion [1:12] to approve the agenda? [1:14] I move that we approve this agenda as prepared. [1:18] Is there a second? Second Support. [1:21] We have a motion and a second to approve the agenda. [1:24] All in favor signify by saying aye. Aye. Aye. Aye. [1:27] All opposed. And the ayes have it. The agenda is approved. [1:30] Moving on. Item number four, approval of the minutes [1:33] of September the 10th, 2026. [1:37] Everyone's had the opportunity to review the minutes. [1:41] Are there any corrections that need to be made? [1:45] Hearing none. If it meets with everyone's approval. [1:49] Can I have a motion to approve the agenda as presented? [1:54] The minutes, I'm sorry, as presented. [2:01] No, go ahead. Move [2:03] that we accept the minutes from the past meeting [2:06] as prepared. [2:08] And do we have a second? Second. [2:12] All those in favor of approving the minutes please [2:14] signify by saying aye. [2:16] Aye. Aye. All opposed. And the minutes are approved. [2:20] Moving on to item number five. This is a work item. [2:23] It's dealing with the zoning ordinance updates. [2:27] These are suggested updates to the non-residential schedule [2:31] of regulations and land uses. [2:34] Mr. Chair, before Jason gets started, [2:37] Trustee Chapman asked me to announce for him [2:40] that he has a military assignment this week [2:43] and that is why he is not president. [2:45] He's a colonel in the United States Air Force [2:48] and so he has a temporary military assignment keeping [2:50] him from the meeting tonight. [2:52] Now we thank him for his service, not only here [2:54] but in the military as well. [2:55] That's a lot on your plate. Okay, the [2:58] Floor is all yours. [3:00] Thank you. Good evening. It's nice to be here [3:02] with you all again tonight. [3:04] As you mentioned tonight, [3:06] last time we were together we talked all about residential [3:08] uses and residential standards and and district regulations. [3:12] Tonight we're turning our attention towards [3:15] the commercial districts and standards. [3:18] Before we dive into that, [3:19] just a reminder on our things sitting in our parking lot, [3:22] these are the things that we've identified [3:23] during discussion throughout this process [3:25] that we have promised to come back to A couple [3:28] of those things we hit on tonight, [3:31] but they're not totally out of the parking lot. [3:32] They're gonna come up again for us as we work [3:34] through additional updates to the zoning ordinance. [3:37] So tonight you may have noticed in your packet that [3:40] that building transparency [3:41] or how much, how much of a building frontage is made up [3:44] of windows came up again. [3:46] So we're talking about windows, not transparency [3:48] because that's a much more clear and obvious term. [3:50] And then there is an opportunity to move some [3:52] of our shared parking standards into one place instead [3:55] of them being buried in other areas. [3:57] So we'll talk about those a little bit tonight. [4:00] There are two minor errors in your packet that I wanted [4:03] to point out and I apologize [4:05] 'cause this slide got totally screwed up. [4:07] Gimme just one second. [4:21] All right. So the one minor error [4:24] that is in your packet that I wanted to point out [4:28] was we're talking about the mixed use district tonight in [4:31] the table of regulations we summarize it [4:33] as MX U for mixed use. [4:35] It should be mu. So if any of you notice that [4:37] and we're confused, I apologize. [4:39] We talk about the mixed use district, we'll abbreviate it [4:41] as mu not MXU going forward. [4:45] The other issue is that in that same schedule [4:49] of regulations, the term frontage exists next [4:54] to several of the industrial districts. [4:56] That frontage term shouldn't be there. [4:58] It was a misunderstanding on my part on exactly how [5:01] that worked in the ordinance. [5:02] So just that that term frontage crossed that, that out, [5:06] that won't be present in in any of the drafts going forward. [5:09] That was an an error that Jodi, Leanna [5:12] and team pointed out to us today. [5:14] So just a couple of little record keeping things [5:16] for your packet as we walk through. [5:19] As a reminder, we are continuing [5:22] to consolidate zoning districts for simplicity's sake. [5:24] So tonight we're looking at all those zoning districts in [5:26] the red box here on your screen. [5:29] So all of those commercial [5:30] zoning districts we're dealing with. [5:33] You will notice as we walk through it [5:34] that we are suggesting a change [5:36] to the sea local business district [5:38] to be called regional commercial that aligns [5:40] with the comprehensive plan designation for [5:42] that place type as regional corridor. [5:45] It also is sort of more indicative of the kinds [5:47] of uses we're looking at in that area [5:49] as being pretty intensive commercial land uses. [5:54] So getting into some [5:55] of the recommended use changes again from your memo, [5:58] these aren't substantial changes at all. [6:00] We're following through on that table. [6:02] We looked at together in May that had the various green [6:05] and red uses. [6:06] We were crossing some things out. [6:08] So some of those recommended commercial use change changes [6:10] that are noted in that table. [6:12] Adding some conditions to the commercial center use. [6:15] So should you have a new use that comes in [6:17] that's a large kind [6:18] of commercial center adding some conditions to that approval [6:21] for things like parking, storm water management traffic, [6:24] things that are sort of unique to that large scale use [6:27] that are gonna be different from a typical just [6:29] single commercial use. [6:32] We're we are differentiating between drive through [6:34] or drive-ins versus pickup windows. [6:37] There are two different uses for that. [6:38] That's a new use that doesn't exist in your code today. [6:42] We're clarifying a couple of uses related to craft food [6:45] and beverage productions, micro breweries, wine tasting. [6:48] The current ordinance has uses for micro brewery, brew pub [6:53] and craft beverage production [6:55] and they're all permitted in the same zoning districts. [6:58] So we've just separated those out. [7:00] So it's clear that craft beverage [7:01] production is an industrial use. [7:03] It's located in the industrial districts. [7:05] And then those uses like wine taste tasting room [7:09] or brew pub are permitted in the commercial districts [7:13] 'cause it's it they also operate as sort [7:14] of a restaurant or tavr. [7:18] Lastly, there are new uses [7:19] for neighborhood retail establishments [7:21] and large retail establishments. [7:23] So we'll talk about exactly how to define that [7:26] as we get into standards next time. [7:28] But typically that definition is sort [7:31] of neighborhood retail establishments. [7:32] Think of your Hardings market down on Stadium Drive [7:35] as being sort of the high end [7:37] of a neighborhood retail [7:38] establishment in terms of how big it is. [7:40] So things that are that size are smaller are typically your [7:43] neighborhood retail establishment. [7:44] Those large retail establishments think big box stores, men, [7:47] Menards, Myers, those kinds of things that have lots [7:50] of parking, lots of traffic. [7:52] We're gonna treat those differently than those smaller [7:54] format retail uses. [7:58] So again, as we think about that commercial use table, [8:00] we're going from this that we looked at together back in May [8:03] where we identified a series of changes we were recommending [8:07] and now in your packet is a cleaned up table [8:09] that looks like this [8:12] or just clearly identify what are those uses, [8:14] where are they permitted? [8:15] As we work through this, think about this as being 95% done [8:21] as we work through all [8:22] of the different sections in your code [8:23] and we work through definitions of uses [8:26] and standards that are assigned to them. [8:28] Some of these we may come back [8:30] and tweak this, we'll let you know [8:31] and we'll show that change. [8:33] But this puts us kind of 95% of the way there [8:36] and gives us a clear understanding of [8:37] what we're permitting in which district as we move forward. [8:42] So I'll pause there just as it relates to [8:45] that commercial use table [8:47] and sort of the, the revisions we've made in having [8:49] that draft in front of you. [8:50] Any questions, comments, concerns that came up for you all [8:54] as you were looking through that? [8:59] Are you talking about the whole, [9:00] the entire table or just this page? [9:03] The entire table. Sorry, this was just an example. [9:06] I had a question about, this would be on packet page 11, [9:10] under production and storage it listed compounding drugs, [9:15] cosmetics, pottery, plastics and food products. [9:19] What, what, how is pottery defined? [9:22] I'm thinking that you could have someone [9:24] who sets up a little shop to, for people to come [9:26] and do like paint your own pottery, [9:29] which wouldn't be a industrial use. [9:33] Sure. More of a commercial use. [9:36] Yeah. So let me just check and that [9:39] and we can clarify as we get into definitions. [9:41] As I mentioned we'll sort of confirm those. [9:44] I think we can clear, so one of the tricks there [9:48] as we define what is like a small or [9:50] or a neighborhood retail establishment is [9:53] how much like small scale manufacturing [9:56] or things can happen in those sites in that definition. [9:59] Typically there's something there that allows for sale or [10:02] or small production of things [10:03] that are then sold on that site. [10:05] So I agree with you that pottery is not typically an [10:08] industrial use and we can definitely strike that [10:10] and be sure that those small kind of [10:13] production uses would be permitted in the neighborhood mixed [10:16] use in other districts. [10:20] Okay. I also had a question then on the next page, [10:22] on page 12 under public [10:29] it lists fire stations separately [10:31] but then the the one two down from [10:35] that says publicly owned and operated buildings [10:37] and uses would fire station fall under that? [10:42] We wanted to really clearly identify fire station [10:44] and treat it differently because the impacts there are a [10:47] little different right in in terms of the trucks coming in [10:50] and out and potential noise. [10:52] So that was separated out purposely. Okay, good question. [10:57] I think I just have one more where it talks about [11:03] events and it talked about your notes talked [11:05] about food truck. [11:08] Yes, I don am. [11:12] I'm not sure how I would would write that [11:14] but like sometimes you know like [11:16] the food trucks will like be at somebody's business [11:19] and I know in the past we've even had some [11:22] requests to like be in the park. [11:25] So when it comes to those, are we going to define [11:28] where these things can be? [11:32] Yeah, so that is part of the, the [11:33] what we'll be going over at the next meeting is some [11:35] of the standards and requirements that apply, [11:38] we call 'em conditions today in your code that apply [11:40] to these different uses so that food truck use [11:42] and those event conditions are, [11:44] we will go over together next time. Okay. [11:46] Alright. Thank you. [11:48] Great questions. I appreciate you going [11:50] through the table in detail. [11:51] Anything else that folks noted as looking through that? [12:00] Okay, the one thing in that table that we wanted to get, [12:04] wanted to call out specifically to get your feedback on [12:06] and it was noted in your memo was we wanted [12:08] to talk about whether [12:10] or not we should remove single family homes from the mixed [12:13] use district EZ we're, [12:15] and we have edits to the mixed use district [12:17] that are in your packet as well. [12:18] We'll talk through the question here is like we have, [12:21] as we talked about last time, we have lots [12:23] of areas in the Township where we allow [12:24] for single family homes [12:26] that mixed use district isn't a district [12:28] that exists on the zoning map without somebody applying [12:31] to change their property to that district. [12:34] And the intent there is to sort of follow through on some [12:37] of the comprehensive plan special study areas as well [12:41] as sort of those nodes in this Township [12:43] with the most activity. [12:45] And so we have lots of areas in the Township [12:47] with single family development, [12:48] but if we want to try to have a development where we [12:52] have enough residential density [12:54] where we aren't creating a lot of extra trips, which is one [12:56] of the goals of that mixed use district, it's hard to do [12:59] that with single family 'cause it's spread out. [13:02] So wanted to get your feedback on whether you're supportive [13:05] of removing single family from that mixed use district [13:08] or if we should keep it in that district. [13:11] What your thoughts were on that. [13:17] Could you talk a little bit more about that? [13:21] It would have to be a special study [13:24] or it's not a specific area at this time. [13:27] Yeah, so those areas that, so today in your code, [13:30] the mixed use district has to apply [13:31] to a sub area from the old master plan. [13:35] The, so sub areas no longer exist [13:37] because you've adopted a new master plan. [13:39] So in the current comprehensive plan there are a couple [13:42] of sub of special study areas [13:44] that were specifically identified with boundaries [13:46] where the plan dug into more detail on [13:48] how development could occur. [13:50] And then there were also regional corridors [13:53] and nodes that were identified in that plan as being sort [13:56] of focuses for higher density development. [13:59] So those were the places that we identified in your draft A [14:02] as places where a rezo [14:05] to this mis mixed use district which provides more [14:08] flexibility for development would be appropriate. [14:15] So I, I guess just to tie back, [14:18] last time we were together we looked at these maps. [14:20] This is the map of everywhere that's not sort of [14:22] that light gray color on this map permits single family [14:25] residential development today, right? [14:27] So in those mixed use districts, we still, many [14:30] of them are adjacent to or [14:31] or close to one of these single family districts. [14:34] We could maintain that district as it exists. [14:37] It's just that that mixed use district, [14:39] the idea there is we're providing more flexibility [14:41] for things we couldn't accomplish under a typical [14:43] zoning district. [14:45] And we have lots of ways to accomplish single family today. [14:49] So the thought was to really sort of hone in on what [14:52] that mixed use district is for, which is those sort [14:55] of big redevelopment projects, right? [14:56] That the space behind the mall, those things that are tricky [14:59] to redevelop versus just sort of using that district [15:02] as a way to create a typical single family home subdivision. [15:07] Seems to me the last time I remember you [15:10] and I had a discussion on [15:14] what a mixed use district was going [15:18] to look like in a predominantly single family [15:22] housing development. [15:23] And I had used Westport [15:25] because that was the, the development I'm most familiar with [15:29] and I really couldn't see that. [15:32] And the answer I thought I was getting from you was, [15:35] well it's not something that's going to happen overnight [15:37] or within the next couple of months. [15:39] You're talking about 10, 20 years down the road as people [15:44] abandoned their homes in the single family area, [15:47] rip them down, do something different. [15:49] It's kind of an incremental transition. Okay. [15:52] And in light of that, man, I just don't see, [15:56] and I I might be wrong, I'm a bit of a Luddite, [15:59] I I just don't see transition [16:03] occurring very rapidly. [16:06] I I I think we're talking about 30, 40 years down the road. [16:11] Yeah. And with that, I don't see any reason why [16:16] we should try and integrate the the [16:19] single family into the multi use district. [16:24] It it is a separate entity. [16:26] It's, yeah, it's been here for years. Am I wrong? Am I [16:30] Well I don't think you're wrong. [16:32] And I guess I would add a clarifying point to this. [16:34] So the, the mixed use district in your zoning [16:37] ordinance is a little unique. [16:38] You all are familiar with the planned unit development [16:40] and the mixed use district in your zoning ordinance kind [16:44] of operates like a special kind of planned unit development. [16:47] So you have to come to you all with a special plan, you have [16:49] to go through a process in order to activate [16:52] that mixed use district as you are all aware. [16:53] And so it's part of versus that sort [16:56] of gradual transition we talked about last time, [16:58] if somebody's gonna trigger that mixed use district, [17:01] it is a, like we're developing something significant [17:05] to close to a finished state. [17:06] It's not that gradual incremental development [17:08] that would happen if we have sort of neighborhoods [17:11] that are more mixed use and they change gradually over time. [17:14] This is, I have a five acre or larger parcel [17:17] and I'm doing a major development project on [17:20] it. Does that make sense? [17:22] Yeah, I mean I understand what you're saying. [17:26] I think to place a little historical context here, [17:30] one item is that the whole thrust [17:33] of the mixed use district was [17:35] to add more residential housing. [17:39] The the second thing and, [17:40] and I'll just speak on behalf of the developers [17:43] that were in the room when we were doing the mixed use, [17:47] they want flexibility. [17:48] Yeah. And so to take the single family homes out of [17:52] that kind of reduces flexibility, [17:54] especially if they're a budding, an area [17:57] where there are single family homes makes a better [18:00] transition for that development. [18:03] So those are just a couple of items that I see in that [18:10] I'm, I'm happy to leave it. [18:12] I would say the, the only the downside [18:15] of leaving it right is that if you have relatively, [18:17] you have limited land [18:18] and space where that mixed use district can work. [18:22] So if it becomes single family homes, you're just using up [18:25] that space in a way that that is [18:28] less efficient from a [18:30] how many housing units can we fit in this space [18:32] or how dense is the commercial development? [18:34] That's okay. It's just something that [18:36] as we were reviewing it [18:37] and thinking about those, those areas [18:39] that were identified in the comprehensive plan, [18:41] it felt like keeping it in [18:42] that single family designation didn't make sense. [18:44] It likely is not an issue. [18:46] I don't imagine somebody coming to you with a mixed use [18:49] development proposal [18:51] and proposing a lot of single family just [18:53] because the areas that that's identified for. [18:55] Maybe it's a transition area to your point, [18:58] but it's unlikely to be predominantly single family [19:01] 'cause other they could do that with current zoning [19:03] or under a more simple rezoning request [19:06] or how the areas are zoned today. [19:09] Well if I could just speak to that as well and, [19:12] and it goes back to the heart of mixed use. [19:15] I've brought this up before [19:17] and I hope I don't get yelled at. [19:20] The, the mixed use D district in my mind is a district [19:25] that's integrated for people and business. [19:31] And so we, we could leave commercial at the street [19:36] and residential at the back and have two different districts [19:39] and that would be the similar to [19:42] what I'm seeing mixed use being thought of. [19:45] So I don't know how we can get to the, the concept [19:50] of integration walkability a a home [19:54] for people to enjoy. [19:56] That's that's not just strip mall [20:00] and housing. Yeah. Do you follow [20:03] I I do completely. [20:04] And I think the, the trick on this, [20:06] and I think we can definitely come back to [20:08] how we're thinking about the mixed use district [20:10] after we get through all of the other sort of adjustments [20:13] to zoning districts in terms of uses [20:15] and dimensions and standards. [20:17] 'cause part of this effort I think is to make that idea [20:21] that we can have more of a neighborhood [20:22] and a place versus strip mall and house. [20:25] It applies to a lot [20:27] of the work we're doing on the neighborhood mixed use [20:29] district on, we talked about more flexibility on the [20:32] neighborhood residential district. [20:34] So I think that theme kind [20:36] of underlies all the work we're doing. [20:37] And so I think once we get through that [20:40] and get done, we can come back to this mixed use district [20:43] and be sure that we're getting to what we need to get to. [20:47] Because fundamentally what it does is it creates more, [20:50] it allows somebody to, [20:51] to deviate from the regular zoning district standards. [20:55] And so if we're creating more flexibility in those [20:57] standards, the need to deviate isn't as great as it was. [21:01] Does that make sense? It does [21:03] Make sense and I, I appreciate your desire to put that [21:06] as a note and to keep us moving towards, [21:10] So we will add, we will keep the mixed use district in our [21:13] parking lot as we move forward after night [21:15] and we'll go through edits to that together as well. [21:17] Great. So I think [21:18] for now we'll keep single family in based on this discussion [21:21] and, and depending on how we go we can, we can revisit that. [21:25] Any other questions about the commercial use table [21:30] or standard or the commercial use table [21:32] or any of that that we had in your packet? [21:37] Okay, we'll get into the schedule of regulations now. [21:39] So on your screen is the ugly version [21:42] of the SC schedule of regulations. [21:44] This shows all the proposed changes. [21:46] So all the red lines [21:47] and crossouts, this looks like way more [21:51] change than it actually is. [21:53] The primary reason for that is, is we've gone through [21:55] and we've eliminated all of the carve outs [21:57] for commercial districts without access to water or sewer [22:01] because with like one very small exception, all [22:05] of your commercial industrial districts have [22:06] access to water and sewer. [22:08] So there's no need to have these different carve outs for [22:10] what, for commercial uses [22:12] that don't have access to water and sewer. [22:14] They just all should have that access at this point. [22:16] And that's appropriate for commercial uses [22:18] because it's hard [22:19] to have a commercial use on a septic system if we're gonna [22:22] have that level of activity. [22:24] The big reason for moving [22:26] to the schedule regulations is we're trying [22:28] to go from this kind of information in your ordinance today. [22:32] So these are the current, this is the current kind [22:34] of schedule of regulations for the, [22:36] the village commercial district today. [22:40] This is the way that we're showing that same schedule [22:43] of regulations in the new proposed [22:45] proposed neighborhood mixed use. [22:47] So the information here is essentially the same, right? [22:50] If you track this through, there's still in [22:52] that table there 65 feet of lot frontage or 230 [22:57] and you see 65 feet [22:59] or two 30 if conflicting [23:00] with the transportation mobility ordinance shown there. [23:03] It's just a much simpler way to look at all [23:05] of those same standards [23:06] and then compare them across all [23:07] of your different zoning districts. [23:10] So as Leanna and Jodi [23:13] and Colton can can tell you there are lots of standards [23:16] that relate to or there are lots [23:17] of places in your zoning ordinance today where these kinds [23:21] of standards around dimensions are sort of hidden. [23:23] And so what we're trying to do is get all those into one [23:25] place and be sure that we're consistent across zoning [23:28] districts so we don't get surprised when we dig into one [23:30] particular use versus another. [23:34] The one other change that that [23:37] table shows is a consistent approach to lot coverage today. [23:42] There isn't a consistent standard [23:43] for ladder building coverage in [23:45] all of your zoning districts. [23:46] Some have them, some don't. [23:47] Some uses even have a standard [23:49] for what's called ground coverage. [23:51] Meaning how much of the ground is covered [23:53] by impervious surface building parking lot, [23:56] et cetera, versus just building. [23:58] So in that lot coverage standard [23:59] that we're looking at now we're only talking about areas [24:02] covered by a building. [24:04] So this is Menards here in town. [24:06] So the, or in the Township, [24:09] the gray outline here is all the area on Menards [24:11] that would be counted within lot coverage [24:14] or building coverage as we have it create [24:16] as it exists in that table today. [24:18] This is an important standard [24:20] because it, it allows you to be sure how much [24:22] of the lot's gonna be building and how much isn't. [24:25] But then you can also on, [24:26] on intense commercial uses like this, add some standards [24:29] for additional green space that goes [24:31] beyond just the building versus a a wholesale [24:36] prohibition of impervious surface. [24:37] 'cause there are lots of ways to manage impervious [24:39] surface on the site. [24:43] So with that clean version of the commercial schedule [24:46] of regulations, again with that word frontage crossed out, [24:49] sorry it's on here. [24:51] Some of the big changes there, I mentioned removal [24:53] of the options for development without [24:55] access to water and sewer. [24:56] So fundamentally someone couldn't come in [24:58] and ask for a rezoning to one of these uses [25:00] that they didn't have access to water or sewer. [25:02] That would be inconsistent with the the ordinance we've, [25:07] I mentioned lot coverage. [25:08] There's also now a clear maximum building height [25:11] for every zoning district today in your code. [25:14] There is not a clear maximum building height [25:15] for every zoning district. [25:18] They're sort of located in different places and it, [25:20] and it's not clear what it is. [25:21] So there is that clear height along with a number of stories [25:25] for everything outside of industrial [25:26] because industrial buildings stories doesn't matter so much. [25:30] We're just thinking about total height. [25:33] We've replaced the village commercial district [25:35] with the neighborhood mixed use district, [25:37] which we've talked about in the past. [25:40] We also removed the building height related setbacks in the [25:44] industrial districts Today the industrial district includes [25:47] a a setback that says if your building is so tall, [25:50] your setback has to be equal to the height of the building. [25:53] If you remember last time we talked about those additional [25:55] landscape buffers that we were gonna require [25:57] for industrial uses that were adjacent to other uses. [26:00] Those were 50 feet. [26:01] So we're already covering 50 feet for everything other than [26:05] that i three district, which is the most intense district [26:08] that can go up to 60. [26:10] And most of those uses [26:11] that are gonna go over 60 are gonna require special land use [26:13] and you can require a different additional setbacks [26:16] or deal with those otherwise. [26:19] So again, trying to really simplify [26:21] and clarify this table so that both developers [26:25] but also staff planning, commissioners, residents understand [26:28] what are the standards across all those [26:29] different zoning districts. [26:34] As you all looked through that, were there any questions or, [26:37] or concerns that you had [26:38] that you wanted to talk through tonight? [26:48] Again, it doesn't represent a ton of change. [26:50] It's a lot of just sort of getting everything in the same [26:52] place and adding some consistency [26:55] and as I mentioned, consider this 95% done. [26:58] It's the same as the the use table as we work through [27:02] standards for all those commercial uses. [27:03] As we continue to work our way through the rest [27:05] of the ordinance, we may come back to this [27:07] and make minor modifications here and there, [27:09] but again it gives us a place that we can sort [27:11] of evaluate everything else in the code. [27:17] Okay. Now we'll dig into I think the last 20 pages [27:21] of your packet and, and that are the red line. [27:24] Those are the red lines and changes to village commercial [27:27] and then to the mixed use district. [27:30] So from a high level, the, [27:32] the changes from village commercial [27:34] to neighborhood mixed use are [27:35] all about simplification, right? [27:36] So this is our stadium drive area today. [27:40] There are two different articles [27:41] that control development in that area. [27:43] It's article I think 19, which is Village Commercial. [27:46] And there's article 34, [27:47] which is the form-based code overlay. [27:50] And that article 34 is like 78 pages long. [27:54] So like it, it it's, it's great zoning language, [27:57] it's really nice job of controlling development [27:59] but it's very complex. [28:02] So what we're proposing is wiping away that article 34, [28:06] taking some pieces of it [28:07] and moving them into the the new neighborhood mixed use [28:10] district and then taking other peaches pieces of it related [28:13] to signs and parking and moving those into the signs [28:16] and parking articles that they apply to lots of places, [28:19] not just this one little section of the Township. [28:23] Other significant changes is we're proposing a more flexible [28:26] front building setback today, the maximum setbacks, [28:30] this is the one area Township [28:31] where we have maximum setbacks, not minimums. [28:34] So in other words, the maximum distance a building could be [28:36] set back from the right of ways is 15 feet. [28:39] We're suggesting taking that to 40. [28:41] What 40 feet does is it allows for one row of a parking [28:45] with a access drive [28:46] and landscaping in front of a building [28:48] that's more consistent with the development [28:50] that you have there and the kind [28:52] of development you're likely to attract on a five lane, [28:54] pretty busy road still gives some flexi, still sort [28:58] of moves buildings closer [28:59] to the street than many that you have now. [29:02] And sort of strikes a balance between going, wanting to have [29:05] that village center but understanding [29:06] that you've got really large busy roads [29:08] that aren't probably ever gonna feel like you're walking [29:11] around a small village hamlet, [29:12] unless those roads changed really drastically [29:16] In, in light of the fact that we're, we're trying [29:19] to in the same process define the amount [29:24] of windows versus non windows. [29:27] Yeah. Parking in the front seems to defeat whatever [29:31] that is trying to accomplish. [29:33] Which I'm not always clear on [29:35] but can you help me [29:38] match those two up? The parking in the front [29:40] And the exposure of Windows building. [29:44] So the exposure of Windows does a couple of things, right? [29:47] One, it makes the building, it forces the building to relate [29:50] to people that are coming into the building and using it. [29:52] It also relates it to the street. [29:53] So parking in the front is sort of [29:58] a change away from that. [29:59] And the parking in the front recognizes the reality sort [30:02] of development in this area and how the area is laid out. [30:06] It's a autocentric area [30:08] and you all don't have any control over that roadway today. [30:11] So sort of pushing it to be a smaller, [30:14] more walkable village center is gonna be hard. [30:16] So what we're suggesting is kind of striking a balance, [30:19] allowing some vehicle access, still requiring buildings [30:22] to present positively towards that parking lot or not. [30:26] Again, that's a maximum. Somebody could locate their [30:28] building against the street if they wanted to [30:30] and felt like that was the [30:31] way they wanted designed their building. [30:33] But we're allowing for that option [30:35] to have it be set further back. [30:38] Okay, thank you. [30:43] And so as part of that, in the current [30:46] form-based code overlay, there are standards [30:49] what we call building frontage. [30:51] Again that word frontage is coming up tonight. [30:53] This is the idea of how much [30:55] of the total lot width is composed of a building. [30:59] So this is the standard that exists today. [31:01] We're proposing in simplifying that [31:02] and this graphic is included in your packet that just says [31:06] that build that we're requiring 60% building frontage. [31:09] So the building has to make up the [31:10] majority of the lot frontage. [31:12] So again, we don't have big expanses of space in that [31:16] neighborhood mixed use district that don't have buildings so [31:19] that it is more walkable. [31:20] I can get from one place to another. [31:22] I don't have large gaps or parking lots in between. [31:27] Jason, are we writing language in there [31:30] so the reviewing body can grant relief from that in a case [31:34] by case if it's warranted by the site conditions [31:37] or neighboring land uses? [31:39] Yeah, so we, we have flexibility for the setback standard. [31:41] Jodi, we didn't actually have flexibility for this standard. [31:44] We can do that if you all would like to. [31:47] I guess the question is do you want that flexibility [31:49] standard by standard or do you want it just sort [31:51] of wholesale against the standards in [31:54] the neighborhood mixed use. Does that make sense? [31:57] Yeah, probably wholesale. [32:00] I could just see this resulting in a bunch of land divisions [32:02] so somebody can hit that 60% mark [32:05] and then, then there's just a vacant lot sitting there [32:08] 'cause they're trying to hit that number. [32:10] Yeah, and and to some extent that's a little bit [32:14] of the idea because you create development [32:17] lots then with frontage. [32:19] So pro and con there for sure, right? [32:22] You have that risk that somebody does divide their [32:25] lot to meet the standard. [32:26] The potential benefit of [32:28] that is now you have a development lot that [32:30] in theory is sitting next to it. [32:35] So we can certainly give some flexibility. [32:37] I would say what we'd want there is if somebody comes to you [32:39] and says, well I want to build this building, [32:41] I have this wide lot, you could say, well shucks, [32:43] you could split it and then sell that lot next to you [32:46] to somebody else to build a great building. [32:48] But share a driveway. Yes, but share a driveway per the TMO. [32:55] Were there any other changes within that village? [32:58] Commercial district? [33:01] I, there's a lot of markups there, right? [33:03] A lot of the reductions are, we're taking that big long list [33:06] of uses that it was in is in every article now [33:08] and we're moving it into the table. [33:10] So the table is the one place where every, [33:12] where all the uses that are permitted has shown. [33:14] So we don't have potential conflicts in [33:16] different places of the ordinance. [33:18] That's the, you know, the markup for the first two [33:20] and a half pages or so in what you have. [33:28] So as far as the, the village form [33:33] overlay, [33:40] are we taking out like the requirements for, [33:45] are we leaving in the a, the architectural requirements, the [33:50] facade requirements, what they have to look the, [33:52] Yep. [33:53] So if you flip to, I don't [33:53] know what page it is in your packet. [33:55] Page six in the village commercial [33:58] or neighborhood mixed use markup. [34:02] There's a, there's a section there [34:03] for exterior building materials. [34:07] Page 24. Page 24. Okay. [34:17] I can pull it up really quickly on screen too. [34:19] Okay, Hang on. [34:24] I just gotta figure out which direction to drag this. [34:26] Ah, To the right. [34:30] Oh he's looking at a table. We're looking at this [34:34] Right here. [34:37] So it's this, sorry, almost there. [34:42] 4, 5, 6. [34:49] I'll try to zoom in a little bit. Sorry. [34:55] So it's these standards we pulled, some of these are from [34:58] that existing form-based code section. [35:01] Some of 'em are just things that we've found work well in [35:03] similar kind of developing townships like amo certainly not [35:08] as detailed right as those architectural standards [35:10] that exist today, but still requiring high quality building [35:13] materials, ensuring we aren't ending up with things [35:16] that are, you know, aluminum, vinyl siding, [35:19] but not providing near the, the level of sort of detail and, [35:23] and adding the level of cost that comes along with some [35:25] of those requirements that exist in the overlay today. [35:29] Okay. Just editorial comment. [35:33] That form-based code was something, the planning commission [35:37] that was in place at the time, which I was on then [35:41] it was such a, a large project [35:43] and we went, it took a long time to get to it [35:47] and it took, I mean we went through it line [35:49] by line like we are the other things we see today. [35:52] And it was just such a, a hope. [35:54] I mean to me it was a vision of what we would really like [35:56] to see happen and it just kind of sad [36:01] that it's not turning out that way. [36:02] Yeah, And that was why like the parking for instance, [36:08] if you put the parking in the back, [36:09] even though you still have a busy road, you could still have [36:13] that pedestrian traffic on the sidewalks. [36:19] I think about Mike's example was Frankenmuth, you know, [36:23] it's, it's very walkable [36:25] and it's a busy main street through there, [36:27] but all their parking or their parking is all behind those, [36:29] those buildings there. [36:31] So that was kind of the what I was seeing, [36:34] but hoping that would fit here, but I don't know if it does. [36:38] Well and and so I think the, the balance on this right is [36:43] the what you, the sort [36:46] of gradual progression on change in development. [36:48] So you have one building there that's a single story [36:50] that's set at the street, right? [36:53] It's the only one. [36:55] Everything else has a parking lot in front. [36:57] I think there might be one more. Everything else has [36:59] a parking lot in front of it. [37:01] It's pretty far set back. [37:02] And so the issue is like somebody's gotta go first [37:05] and there's a gradual transition there that needs to happen. [37:08] The other challenge that you have there is [37:12] you have a really large wide roadway that is really busy [37:17] and loud and it's hard to make [37:18] that be a welcoming place for pedestrians. [37:21] So if you can sort of allow some of that same development [37:24] to happen but have the focus be not necessarily on the road [37:27] but on side streets [37:28] or areas adjacent to it, there's that opportunity. [37:32] I think the recognition here from staff [37:35] and in working through it was just we haven't seen [37:36] that development occur there [37:38] and there's some sense that some [37:39] of those requirements could be a barrier. [37:42] And so trying to strike that balance, I think [37:44] as planning commission, if you all really feel like we don't [37:46] want to go so far as to allow parking in the front, [37:49] we can strike that, right? [37:51] We could adjust that, we could keep that minimum, [37:53] that maximum setback at 40 [37:55] but not allow any parking in the front of a building [37:58] and require that space to be landscaped [38:00] or you know, other things to be done with it. [38:11] Does anybody else have, have thoughts on that issue of, [38:13] you know, parking in the front, in [38:14] that neighborhood mixed use area? [38:18] I mean personally I like just from seeing other [38:23] municipalities have that and, and the walkability and access [38:26] and what it's doing to these evolving communities [38:29] and it also, depending on what type of business too, [38:33] it could be extremely attractive. [38:37] You know, I'm gonna say something here [38:38] that maybe I shouldn't say, [38:40] but I, I've never thought that the Oshtemo Village [38:44] was going to be a walkable area that you take your life [38:48] and your hands just trying to get across Stadium drive [38:52] and until we deal with that issue, we, [38:56] we may have the best intentions [38:58] but I just don't see the area developing [39:01] with the traffic flow through there. [39:04] Am I, am I wrong on that? [39:06] No, you're probably right. [39:08] But I could also see issues with having parking so close [39:12] to the street in those front yards [39:13] because you're gonna have to somehow get off of [39:17] that busy road to park there [39:18] and then you're gonna have to figure out how to get back on [39:20] that busy road where if if you have your parking in the [39:23] back, you've got a longer access to use. [39:29] I mean you, you have some parking there now that's, [39:31] that's probably closer than 40 feet [39:33] to the right of way I would guess. [39:34] There's a pretty big right of way there. [39:37] So I mean I, I think what we were trying [39:41] to do is really sort of simplify these requirements, [39:44] strip them down to allow for new investment in that area. [39:46] 'cause there hasn't been much in a really long time [39:48] and it's kind of starting to show it. [39:52] We can certainly, if, if the sort of pleasure [39:55] of the planning commission is still keep parking in the back [39:57] with none of that in the front, I think that's fine. [40:00] I would say you do need to, [40:02] I would caution you against not allowing any vehicle [40:04] circulation in front of a a business just [40:08] because what ends up happening with that is [40:10] if a business can't get a car around front, you end up [40:13] with extra driveways that are problematic as well. [40:18] So giving some flexibility if there's space for a car [40:21] to still move around the front of a business, [40:23] they can have one driveway [40:24] and still get access all the way around if you had a sort [40:28] of pickup window kind of use there, right? [40:31] But we could prohibit parking [40:33] and then that maximum setback could still stay at 40. [40:36] We just aren't allowing parking in the front yard. [40:43] I mean, but what, what's the, what's the flag that, [40:46] Say That again? [40:47] What's the concern of having it in the front? [40:49] One of the major concerns [40:51] that differentiate from having it in the back, [40:53] The whole idea of the village form-based code was [40:56] to create this walkable, pedestrian friendly [41:02] area like the village, if you will. [41:06] So when we were writing that, it was that to have [41:09] that walkability you need to get the cars away from there. [41:14] So if you've got parking in the back [41:17] then plus if you have a parking lot in the back, [41:20] you could walk to several different places without, [41:23] you know, that's, that's just my thought. [41:28] If I went to that district to shop, [41:31] I'd rather turn the building around, put the parking [41:34] and the entrance in the back [41:36] and stay away from Stadium drive. [41:38] 'cause it is such a, [41:40] it's not a neighborhood, it's a thoroughfare. [41:46] We do allow some parking in front right now once you get [41:49] out of the core area of ninth and stadium. [41:51] And as you make your way east [41:54] and west on Stadium Dry, we allow limited parking [41:56] between the building and the street. [41:58] And it also depends on what's happening [41:59] on adjacent properties. [42:01] And this neighborhood mixed use won't just [42:03] be at ninth and stadium. [42:04] We have areas on KL West Main and seventh and then north [42:09] and south of West Maine by Drake Road are areas designated [42:12] for neighborhood mixed use [42:13] to keep in mind about the parking. [42:15] Although we could distinguish neighborhood mixed use A [42:19] and neighborhood mixed use B or [42:21] Yeah, we, I mean today the, [42:23] the village form based code has different areas [42:25] that are designated and treated differently, right? [42:27] So if we really felt like we wanted to reserve that [42:30] key intersection or place as the location where we're trying [42:34] to shift parking to the back, we can designate an area [42:37] and on the plan or define it based on cross streets or [42:41] however we want to do that so that we're still achieving [42:43] that goal while giving greater flexibility [42:45] in the rest of the area. [42:47] Isn't that exactly what we're trying [42:49] to avoid by doing this? [42:51] We, we've got so many classifications that we, [42:54] we don't wanna have a lot of special exemptions. [42:57] We're, we're trying to get one [42:59] simplified classification, right? [43:02] I I would say that let's not make, [43:04] let a perfect be the enemy of the good, right? [43:08] And in this case we're going from a bunch [43:10] of different special classifications down to one [43:14] and that's a win, right? [43:15] We're going from three to one [43:18] and again, like we can come back to you with some revisions [43:20] to this next time that you can look at that kind of helps [43:23] to get into this issue you've identified on how do we deal [43:26] with parking and we'll, we'll mock up a couple [43:28] of really simple examples that you could look at [43:30] to see how that might work. [43:34] Anything else on these edits to village commercial [43:37] or neighborhood mixed use that stuck out to anyone? [43:41] I was just gonna say some visuals I think of, of some [43:44] of the things you're talking about in this document would [43:46] really help if, especially if you're trying [43:48] to paint a vision for development. [43:50] I think that's maybe what was missing from all the work [43:52] that you have in here to help people kind of envision it [43:56] and, and want to buy into it. [44:00] The one other thing that the Frankenmuth example [44:04] is going through a downtown area where [44:07] if the traffic is going 25, 35 miles an hour, [44:11] they're going fast. [44:13] And this, unless we change [44:16] or can get that changed, it, [44:18] it will always feel like [44:21] this little space that you're zooming by [44:26] not the neighborhood that you're enjoying personally. [44:30] Well, and I, I always, I caution anybody, [44:33] but it's using against using Frankenmuth as an example [44:36] for anything, right? [44:38] Just because there's however many millions of people that go [44:40] to Frankenmuth every year because it's Frankenmuth, right? [44:43] And, and so you know, [44:45] you're gonna get a certain level of foot traffic. [44:46] Like that is a very unique case. [44:49] It's like comparing somewhere else in, [44:51] it's not New York City, [44:52] but it's like comparing yourself to a place that just [44:55] is incredibly unique, right? [44:58] The thing that zoning doesn't do is create a market, right? [45:02] So we, we control what you can do. [45:04] We, we set the sort of the framework [45:06] and the groundwork for what can be developed, [45:08] but we can't create a market for development. [45:10] And so that the challenge you have is with stadium drive. [45:14] The stadium drive area being what it is, the market [45:16] for development there is gonna be sort of auto oriented. [45:19] And so what we're trying to do is shift [45:20] that building development to be sort of [45:24] focused a little more and being more friendlier [45:27] and creating options for pedestrians [45:29] and use while still understanding that the predominant sort [45:32] of way folks are gonna get there is gonna be via the car. [45:35] Because that's just how that area of the Township functions. [45:40] Yeah, I don't disagree. It's just that, you know, [45:42] we started working on on that. [45:44] It's like what do we want this to look like? Yeah. [45:47] And that was where the Franken Ruth reference came up [45:49] because that's what we'd like it to look like. [45:52] Yeah, I understand. [45:56] Okay. So the next set of changes are to that, [45:58] that mixed use district. [46:01] So this one there's a fair amount of changes, again, [46:03] really focused on simplification. [46:07] So revised location criteria. [46:09] As we mentioned earlier, the mixed use district now is [46:12] eligible to use in anywhere in the previous master plan [46:15] where there was a sub area plan. [46:18] So we've changed that to align with some of the, [46:20] the sub area plans and, and, [46:22] and locations identified in the current comprehensive plan. [46:27] We clarified the approval and review process [46:30] and I have that outlined on the next slide. [46:32] We'll step through that together, simplified the, [46:36] the standards around mobility, how you get around [46:39] and traffic studies to just be focused on encouraging [46:43] non vehicular modes of transportation versus regulating [46:47] how many trips are generated internally or externally. [46:52] We remove the requirements for the mixed use district [46:55] to have its own or a mixed use district to adopt its own set [46:58] of design standards. [47:00] So when we talk next week, [47:02] we'll be talking about some basic design standards similar [47:04] to those that we talked about in the neighborhood, mixed use [47:06] for this regional commercial and other developments. [47:09] And instead asking developers to show how they'd like [47:12] to modify or add [47:13] to those standards in their proposal versus coming up [47:16] with a whole new set of design requirements. [47:19] The reason for that is depending on the sophistication [47:21] of developer you have, [47:22] you might get some design requirements that leave a lot [47:25] to be desired and then you're sort of negotiating back [47:27] and forth on a set of design standards that they started [47:30] with that are maybe nowhere [47:32] close to what you're looking for. [47:33] And this way we're at least starting closer to [47:35] where you'd wanted them to begin. [47:39] We've also simplified the density bonus calculation to align [47:42] with the high residential density classification in the [47:45] current mixed use and just clarified some [47:48] of those things you can get a bonus for. [47:51] And then remove duplication with other, other articles. [47:53] There are things here that are replicated in landscaping [47:56] and signs and parking that will address in those articles. [48:00] So there's not conflicting standards depending on the [48:02] different zoning district that [48:06] clarified review process. [48:08] We, we've taken out the reference to a schematic design plan [48:12] 'cause it was a little confusing about [48:14] what the schematic design plan did relative [48:16] to the conceptual design plan. [48:19] And so we just have focused on the conceptual plan. [48:22] So the, the review processes that exist now starts [48:26] with an optional pre-application meeting [48:27] with Township ship staff. [48:29] It's the same as it is today. [48:31] A planning commission conceptual plan review [48:33] that's non-binding. [48:35] So the pla there's a public, [48:36] a required public hearing for that. [48:38] The conceptual plan would come here to planning commission. [48:40] It could be presented, there could be [48:42] a public hearing on it. [48:43] Planning commission can give comments [48:45] and then the developer comes back [48:47] with an actual application for a rezoning. [48:49] So there's a formal way to give comment and feedback [48:52] before there's a decision [48:53] or a recommendation that needs to be made. [48:55] Developer then comes back to the rezoning with [48:58] that revised conceptual plan based on step number two, [49:01] another public hearing that rezoning goes [49:03] to the Township board. [49:04] Then for final action, we did add some clear definitions [49:09] for minor amendments that can be approved by staff so [49:13] that any change to that conceptual plan doesn't have [49:16] to come back to you all or to the Township board. [49:18] So if small changes to parking, landscaping, things [49:21] that don't significantly impact building [49:23] or layout happen, those things can improve by staff. [49:26] We don't have to go back through that review process [49:34] In our screen right now. [49:38] The simplified density bonus calculation. [49:42] I just wanted to bring up one item. [49:44] The we're giving a bonus for [49:47] good construction leads. [49:50] Silver, this platinum mat. Yeah. [49:53] And I, and these developments are gonna be done [49:57] by a developer who [49:59] will have a vested interest in the quality of the building, [50:04] in the insulation, in the, the way it's constructed. [50:08] And I, I don't understand why we should incent them [50:12] to do something they already are incented to do [50:15] by their own need. [50:18] Help me, [50:22] I wish all developers approach the development project [50:25] with the idea that I want to build something [50:27] that lasts for a hundred years. [50:29] They do not. So those standards exist in your current [50:34] mixed use district. [50:36] They're density bonuses you give today. [50:38] We didn't edit those. The reason [50:40] to have those standards is you're incentivizing higher [50:43] quality development. [50:44] So yes, there's some incentive there [50:47] for long term building operation, [50:48] but short term it's more expensive. [50:51] So if you're allowing higher density, [50:54] I can get a greater return on development in this site [50:57] if I do those things. [50:58] Otherwise, it's just an expense [51:00] and I'm less likely to do it as a developer. [51:05] So if I'm adding more insulation [51:06] to my building than I would normally be required [51:08] to under building code to meet this lead green energy [51:11] certification, that's great. [51:15] And my building may last longer [51:16] and be more energy efficient, [51:18] but it doesn't necessarily mean I can, I can sell that, [51:20] I can lease that square footage [51:22] for more on day one than I could otherwise. [51:25] So the incentive here is to do that at a density bonus. [51:28] So there's the a, there's more potential profit, [51:32] I can get more units out of the same site if I do [51:35] that thing via the Township. [51:37] And that's consistent with goals for sort of sustainability [51:39] and environmental protection that the Township has. [51:41] Yes, [51:47] Thank you. [51:49] Not something you have to keep is not a requirement. [51:52] As I mentioned it exists in your current ordinance. [51:55] And so if if that's not a priority anymore, I would say [51:57] that lead certification is something [52:00] that is still a priority. [52:01] It's less of an interest now just [52:03] because construction costs are so stinking high. [52:07] You see fewer buildings [52:08] that are being certified than they were five [52:10] or 10 years ago just [52:11] because of the cost of construction has gone up so much. [52:18] Jason, if development gets the ben density bonus, is [52:22] that for lead? [52:24] Is that for the building official to monitor [52:27] as building permits are pulled? [52:30] Yeah, so there'd have to be a commitment from [52:32] that developer that they're gonna follow through on [52:35] that at the time of site plan review [52:36] and then you would all would have to coordinate [52:38] with your building official to be sure that that is done. [52:42] So there's a, a somewhat challenging bit [52:45] of administration there where you all would have to confirm [52:47] that essentially that standard's been met [52:49] before you granted an occupancy [52:51] permit, which is tricky. [52:56] Again, it's a current standard. [52:57] We kept it because we're trying to stick [52:59] with current standards, but if you all are uncomfortable [53:01] with that, we can certainly remove that bonus. [53:10] I don't think it's a good look to remove it. [53:12] Yeah, I just think we will bring in [53:14] outside help if the building official wants a third party [53:17] review of the plans to yeah. Verify. [53:20] Yep. [53:26] Any other questions on the mixed use changes? [53:31] Again, lots of procedural things [53:33] and clarifications overall does shorten the section up quite [53:38] a bit, but hopefully makes it easier to use [53:40] and more likely that you get that kind [53:41] of mixed use development. [53:44] It's a great start in terms of a, [53:46] a district just making some changes to try [53:48] to make it a little more functional development friendly, [53:52] but while still being sure you have some really clear checks [53:55] and balances and opportunities for public hearings. [53:58] Clarifying that there's, [53:59] there's two different public hearings [54:00] where you've got one public hearing [54:01] that's just on the concept so people can come [54:04] and give their feedback before there's any [54:06] final decision being made. [54:07] We think in talking with staff, [54:08] that's a really important opportunity. [54:19] All right. Hearing none, sorry, I lost my cursor. [54:28] So that covers what we wanted to go over tonight. [54:31] So we will park both [54:33] or we'll park that neighborhood mixed use parking [54:36] issue in our parking lot. [54:38] We'll come back to that next time with some examples. [54:41] I hear you about additional graphics. [54:42] We'll add some graphics and illustrations to show [54:46] we're focused on in that section. [54:48] So we'll bring you back a a, a draft number two of [54:51] that, one for next time. [54:53] Next time we meet together. [54:54] The things on our list is a, a preliminary zoning map, [54:57] so not final but draft [54:59] with those natural areas in green space [55:01] identified on it per our parking lot. [55:04] We'll come back to you with articles for parking, [55:08] landscaping and lighting in marked up drafts like just [55:10] you have in front of you tonight. [55:12] And those conditions and standards [55:13] for the commercial uses in districts [55:15] that we talked about tonight as well. [55:17] So you've got all of those things to review. [55:18] You have lots of those standards in conditions today, [55:22] so we'll just be tweaking some of those [55:23] for consistency being sure we aren't, [55:25] we don't have duplication, we shouldn't be making a ton [55:27] of significant changes to those, [55:28] but just sort of cleaning things up [55:33] And if your schedule allows Jason, we could do [55:36] that on October 22nd. [55:37] October 22nd you said. Yeah, that sounds great. [55:45] Well thank you for all the work you've [55:47] obviously put into this. [55:48] Yes, it always amazes me [55:49] how my head always spins every time you give me a [55:52] presentation, but it's, it's well thought out in well [55:55] Prepared. [55:56] Thank you. We're, we're making progress. [55:56] Can I I I'm gonna put one caveat on the 22nd. [55:58] There's a chance my son has varsity district [56:01] soccer game that day. [56:03] If he finds out he does, we might have to bump it. [56:07] No problem. Okay, thank you. Well, when will, you know, [56:09] Hopefully they lose beforehand and it doesn't matter. [56:11] Oh, no, no, you just reminded me. [56:14] I had one question in this table [56:16] and it was about outdoor recreation not being [56:20] allowed in innovation and industry or mixed use. [56:23] So I was just thinking maybe we would reconsider that with [56:27] things like soccer and baseball. [56:29] I don't know if those are only indoor outdoor. [56:32] We had a long talk about that Jodi, Leanna, Colton [56:36] and I, about how to kind of address that issue around sort [56:40] of outdoor recreational uses [56:42] because they are more of a thing now, [56:45] Right? [56:50] I think we landed on, we didn't want our limited [56:51] industrial land occupied by acres [56:55] and acres of soccer fields, [56:56] Right? [56:57] Yeah. When we could accommodate [56:59] that in some other zoning districts, [57:01] But it, it could just be a special use. [57:03] Then you still discuss case by case if you're [57:08] So like, I think the trick on that one right, is [57:12] so oftentimes those uses do end up in sort [57:15] of semi-industrial places, [57:18] but we could allow for, the challenge is, I don't know [57:22] that you have a lot of land that actually works for that [57:24] outside of rural residential, [57:25] and we probably don't want it in rural residential. [57:29] You don't have a lot of parcels [57:30] that are large enough in your neighborhood residential [57:32] that would support it and your commercial [57:34] and you don't have any big vacant commercial properties. [57:36] And again, you wouldn't necessarily want a commercial [57:39] property going to large soccer field uses. [57:44] So I, I think it's also a question of, so that, that one is [57:48] for private outdoor recreation versus public space. [57:51] So certainly public parks are [57:52] permitted in all of those places, [57:55] But I'm thinking like, yes, [57:57] I would agree with what you just said. [57:58] If you're thinking only of a large complex application, [58:01] but if you're thinking of like a single turf field, [58:03] like I think there's more of that. [58:06] So you're thinking indoor versus outdoor, [58:08] No outdoor turf, but like one, like a one stadium kind [58:11] of application, right? [58:12] Like what are we excluding that ever from happening [58:18] if we, if we don't even grant it [58:20] as a special use that we'll consider. [58:25] Yeah. So we can revisit that. [58:27] I think the key then is that we've gotta think about [58:29] how we define that use differently from [58:32] eight soccer fields all stacked next to each other, right? [58:35] Right. So if something small [58:37] or a single use, we could work on a [58:38] definition that allows for that. [58:40] That's different from big, you know, [58:43] 20 acre complex kind of thing. [58:49] So consider that one. [58:50] We will come back with some options for that next time too. [58:53] I'm thinking like Topgolf [58:54] and things like that too, like I don't know that the, [58:58] the big wide open space is the only way these things are [59:01] gonna exist going forward, right? [59:08] Yeah. So I I think that the, the challenge in both [59:10] of those is to Jodi's point about [59:11] how you use really limited space, right? [59:13] So, so 85% of the Township is rural residential [59:18] and neighborhood residential and ag. [59:20] So you're got a really small amount of space to work with. [59:24] So the, the question is on those like large space intensive [59:28] uses like that, do you want to allow those to take up [59:32] that really sort of valuable space that could go [59:34] to the mixed use development you're looking for. [59:37] That's kind of the, the, the balance [59:38] that you've gotta wrestle with, with those things. [59:43] But I mean also if we, if we just are saying that no, [59:46] there's nowhere we can put soccer fields in the [59:48] Township, that's not okay either. [59:50] No. That, that's not what we're saying. [59:52] So there, there were options for outdoor recreation. [59:54] Those public spaces in all [59:57] of your re rec residential [59:59] districts, they just aren't private. [1:00:00] But those are pretty small area of the Township. Right. [1:00:04] That don't have open area [1:00:06] where you could build something like that. [1:00:09] So like the public parks is a permitted use, [1:00:12] I think in our rural residential. [1:00:14] Right. So that's, you know, 60% of the Township [1:00:18] where those things could be added. [1:00:20] If it's a public use versus a private one. [1:00:23] I think that the public use [1:00:24] Is, but why would we wanna prohibit private sports in [1:00:27] our Township? [1:00:30] They just tend to create more traffic. Right? [1:00:33] So you get, there's, you have more sort of external [1:00:37] traffic impacts and issues that, that come off of those [1:00:40] because they tend to be super intensive weekend events [1:00:43] or nights and there's just more of that happening. [1:00:46] Whereas if it's a public complex, it's a little, they tend [1:00:50] to be less focused on, you know, [1:00:52] maximizing usage and profit. [1:00:57] Is that new sports development on Drake Road [1:01:00] that's under construction right now, is [1:01:02] that gonna be public or private? [1:01:04] I think it's private. It's a non-profit owned [1:01:07] by the authority. [1:01:09] Okay. So we, we can dig into [1:01:14] that a little further and look at some examples [1:01:15] for you next time and think about what are some options [1:01:18] for us to permit that, that, that is a really tricky one. [1:01:20] 'cause it's evolving all the time. [1:01:22] There are these different uses that are popping up, [1:01:24] right? Pickleball, [1:01:25] Right, That, that pop up all the time. [1:01:28] That I think the, the, the downside on those that we want [1:01:33] to be cautious of is they also have a tendency [1:01:37] to be sort of a flash in the pan. [1:01:40] And so if they are gonna be, if we are gonna have land go [1:01:43] that way, can it be repurposed [1:01:44] or easily reused is one of the questions. [1:01:49] Now pickleball may be here to live, stay who, who knows? [1:01:52] I mean, I guess I'd rather have, you know, [1:01:54] 30 soccer fields than a, a battery storage facility. [1:01:57] Right? So like, but if we make it completely prohibited [1:02:00] for one and not the other, like, I don't know. [1:02:03] Yeah. I mean, I'm not saying we're, [1:02:04] It feels icky. [1:02:06] Yeah. So I, no, [1:02:07] There's not enough soccer fields, [1:02:08] there's not enough hockey ice, there's not enough. [1:02:10] All these things in our area for the number of kids [1:02:12] that are doing it, but then we don't want it here. [1:02:15] Yeah, that's fair. [1:02:19] We can look at some options for you. [1:02:25] Alright, thank you all very much. [1:02:27] We appreciate your time tonight. [1:02:28] We'll look forward to seeing you on the 22nd. [1:02:31] Thank you. Alright, moving on. [1:02:35] Item number six, [1:02:36] another work item on environmental Protection [1:02:38] Ordinance amendments. [1:02:41] Who's leading the charge on this one? [1:02:45] Yours truly. Oh boy. [1:03:15] All right, good evening. We're gonna continue the [1:03:18] conversation about the Environmental Protection ordinances [1:03:23] and some of the, all the pieces we've pulled together [1:03:27] as part of this project. [1:03:30] We were here about two months ago talking through this, [1:03:33] introducing it to the planning commission. [1:03:35] So this is again, just another [1:03:37] piece we're giving you guys since you're working on so much [1:03:40] and we're trying to make it digestible. [1:03:43] So this is coming from a few different places. [1:03:46] The townships in the city of Kalamazoo entered, [1:03:49] entered into a new waste [1:03:51] or a new water service contract a few years ago. [1:03:54] And one of those requirements was [1:03:56] that we adopt wellhead protection ordinances [1:03:59] and performance standards similar to the zoning ordinance. [1:04:02] We realized there was a lot of opportunities [1:04:06] between both our zoning ordinance [1:04:07] and our general ordinance to review them, consolidate them, [1:04:13] and make sure they were clear about where you were headed. [1:04:16] Kind of to, to the point earlier about sometimes you go [1:04:19] to one section, it leads you to another section, [1:04:21] then it leads you to another section. [1:04:23] And some of the way in particular the environmental [1:04:26] ordinances were set up was [1:04:28] that they could apply depending on [1:04:31] what development tool you were using or zoning. [1:04:34] And then the zoning next door might have been the same, [1:04:38] but they weren't using the same tool [1:04:41] or it was a different zoning [1:04:42] and then the standards didn't apply. [1:04:45] So again, we're trying [1:04:47] to make this much more unified across the Township. [1:04:51] And a lot of the, the great information and work that was [1:04:54] provided through the Wellhead Protection Ordinance [1:04:57] and performance standards really get at the core [1:04:59] of protecting the groundwater so we could apply them [1:05:03] to stormwater management [1:05:04] and groundwater protection, again, [1:05:06] across the entire Township. [1:05:09] And these goals, this theme, this value [1:05:13] of environmental protection stewardship has been a theme [1:05:18] through multiple plans for many, many years [1:05:21] and many of the projects that the Township does. [1:05:23] So it's kind of a legacy goal that we wanna make sure [1:05:26] that we continue to leverage and incorporate as we can. [1:05:32] We explained it last time, [1:05:33] but just to reiterate that a lot [1:05:35] of these are in existing zoning ordinances. [1:05:38] We are going to move them to the general ordinance. [1:05:41] So again, they're applied across the entire Township [1:05:45] and less focused just on the zoning [1:05:47] type and more on the risk. [1:05:50] However, there's a few people up here who have been a part [1:05:54] of these, this body for a while, [1:05:56] and you probably remember when they were put into the, [1:05:58] the zoning ordinance. [1:06:00] And so we wanna still have these discussions [1:06:04] with the planning commission because they are still a part [1:06:06] of the site plan, review process [1:06:08] and the development process. [1:06:09] So you will see a lot of these [1:06:13] requirements and standards come back through staff reports [1:06:17] and make sure they, you know, compliment [1:06:20] and work with the other zoning changes we're making. [1:06:23] So this will go to the Township board for adoption, [1:06:27] but we are starting with the planning commission. [1:06:31] Our hope is that you guys can give us a lens of making sure [1:06:34] that we're incorporating the comprehensive plan [1:06:37] and that it's still clear enough as you're going [1:06:40] through the development process. [1:06:42] You know, some of the examples you can draw on from, [1:06:44] from sitting up there and reviewing projects that it's, [1:06:47] you know, clear to somebody who has to implement it [1:06:50] and review it and decide if it meets the intent. [1:06:53] And then still, again, I'm struggling with the word [1:06:57] flexible lately because I don't want that to seem as, [1:07:00] you know, somebody's being, you know, [1:07:03] course to do something different. [1:07:04] There's has to be in the ordinance how [1:07:06] that flexibility is allowed. [1:07:09] But what flexibility does is it gives us the ability [1:07:12] to look at different areas of the Township, different sites [1:07:16] where topography might be challenging, [1:07:18] where soils might be challenging [1:07:21] and still apply these standards than in a different way. [1:07:24] So still meet that same standard, [1:07:26] but how can we do it depending on the conditions. [1:07:30] And last time when I was here, we went [1:07:32] through Article one 60, which was the intent in the packet. [1:07:36] There's a version two of that already. [1:07:39] So we took the feedback we got, we have met [1:07:41] with a few more partners, you know, [1:07:44] to just keep refining some of these things. [1:07:47] And again, some of this is derived from outside partners [1:07:51] where we have to take the time [1:07:56] to explain to them how [1:07:58] a Township might be different than a city [1:08:00] in particular the performance standards. [1:08:03] So there's still some work on that that we're doing. [1:08:07] As I mentioned at the very beginning, this water contract [1:08:10] that we're a part of now, it has a body to [1:08:15] administer and oversee that contract called the UPC. [1:08:20] They have initiated a user group, [1:08:23] technical staff from the city, [1:08:25] technical staff from the Township so that we can continue [1:08:29] to work through these, the Wellhead Protection Ordinance [1:08:33] and the performance standards, again to make sure [1:08:35] that it's applicable to both agents, both types of agencies. [1:08:39] So that work is about to start in October. [1:08:45] So based on how it's set up in the packet, [1:08:48] I'm actually gonna jump to Article one 60 and 1 62 [1:08:51] and we'll get back to articles 2 53 [1:08:56] and 56, just [1:08:57] because a lot of that will explain [1:08:59] itself as we go through this. [1:09:01] A lot of it's moving it again from those zoning ordinances [1:09:06] to these general ordinances of environmental protection. [1:09:10] So some things I wanted to highlight, [1:09:13] I think Leanna did a great job of all her color coding [1:09:17] and explaining what all that meant. [1:09:19] So again, what it really shows is that a lot [1:09:22] of this is in our existing ordinances. [1:09:24] Everything that's in black text is all existing. [1:09:28] We're just moving it to a different place. [1:09:31] The purple-ish is kind of from the first version [1:09:36] and then the red is new stuff, which really only applies [1:09:39] to one 60 at this point, [1:09:41] but will be the same methodology we use as we go forward. [1:09:44] So 1 61 starts [1:09:49] on packet, page 60, [1:09:56] I'm not gonna go through line by line, [1:09:59] but there are some things I wanted to highlight mostly [1:10:02] because it came up a little bit from the last time we went [1:10:04] through this about administrative departures [1:10:08] and how much authority [1:10:11] or latitude staff has versus a governing body. [1:10:15] So the administrative departures [1:10:20] would occur through the site plan development process, [1:10:23] but it is not an, you know, get out a free jail, [1:10:27] get outta jail free card that, you know, Jodi [1:10:29] and I have in our back pocket we can give to somebody [1:10:31] that still comes to the planning commission. [1:10:34] It's just meant to make the process not as cumbersome [1:10:37] or iterative so that we can work through that as we get [1:10:40] through the entire site [1:10:41] and we're looking at all these different standards [1:10:44] and then come to whatever the appropriate body is, [1:10:47] the zoning board of appeals, the planning commission [1:10:49] or the Township board for their [1:10:51] actual approval of a site plan. [1:10:53] So just wanted to clarify that. [1:10:57] In the case of stormwater management, it works well [1:11:01] because we're, we're working [1:11:03] with very mathematical things here, so we have to set, [1:11:08] we have the same standard for everybody. [1:11:10] But again, how you add [1:11:11] that up might be different based on each project. [1:11:15] So I'm gonna use the example [1:11:19] of the design event [1:11:20] and capacity, which is on packet page 61. [1:11:26] And [1:11:34] There's not many places in Michigan [1:11:36] that require a hundred year storm event [1:11:38] to be accommodated on your site. [1:11:39] But lucky us, we are one of them. [1:11:43] It does work in some cases very well, some parts [1:11:47] of Omo have very sandy soils, so it's not as challenging, [1:11:53] but it does get cha more challenging if you have [1:11:56] less favorable soils [1:11:57] or if you're the last site in an area to develop, [1:12:00] because then you're really landlocked on either side of, [1:12:03] of all your boundaries, you can't do a lot of grading, [1:12:07] you know, it's, it's a lot more challenging to do. [1:12:09] So the thought process here with this, [1:12:13] an administrative departure here is that [1:12:17] you would still have to meet the same requirements [1:12:19] for a hundred year storm. [1:12:21] It's mostly in a volume sense, [1:12:24] but we could start to give credits for people [1:12:26] who meet the other goals of our master plan [1:12:28] and our community's vision. [1:12:30] So if you do some low impact development, [1:12:34] you might know them as rain gardens [1:12:36] or bioswales where there is a benefit [1:12:38] because you're improving the water quality, then [1:12:42] that could work towards how much you have [1:12:46] to retain in a pond. [1:12:50] The example that I was thinking of earlier is we used [1:12:53] to do this with some of our parking [1:12:56] and our access management. [1:12:57] So if you provided a single access point [1:12:59] or shared parking, then you could have reductions in [1:13:04] or you could be allowed more parking spaces. [1:13:06] That's when we had parking maximum or yeah, maximums. [1:13:12] So it's that same kind of thing, you know, [1:13:13] but we still again, have to meet the same, we have [1:13:15] to have a measurable way to get to the same criteria. [1:13:21] And we do have to work on that language [1:13:23] because we did talk through this with Attorney Porter about [1:13:28] how we wanna make sure it's very clear that we can point [1:13:31] to a spot and say, these were the outlines criteria, this is [1:13:34] how it maths out. [1:13:36] And so that we know we're treating everybody fairly. [1:13:39] And I just have one quick, it's kind of a clerical [1:13:43] question, I guess it refers to Township engineer. [1:13:47] Is that you? [1:13:49] I am an engineer at the Township. [1:13:51] Our Township engineer is technically Sharon Loam, [1:13:54] and she is the one doing all the site plan [1:13:57] reviews for public works now. [1:13:58] So it was a position that started about two years ago. Okay. [1:14:02] So that is a specific position we have. [1:14:05] Thanks. [1:14:12] All right, well that was one section I felt like [1:14:17] again could really help. [1:14:18] There's a little bit more of an example [1:14:20] that you could apply it to and understand. [1:14:23] We have sites right now that, you know, [1:14:27] on West Main Street you're buying 10 acres, [1:14:29] which is very expensive land [1:14:32] and half of it has to go to a storm water pond. [1:14:36] And if we could incorporate some other, [1:14:39] like was mentioned earlier, incentives for people [1:14:42] to do green roofs [1:14:43] or, you know, make sure [1:14:45] that they have green throughout their big, big parking lot. [1:14:49] Again, it meets a lot of the community's goals for [1:14:52] how we want things to look, how we want them to be, [1:14:56] you know, environmentally sensitive [1:14:58] and good for the cleaning the air [1:15:01] and protecting our groundwater. [1:15:03] So we have to provide a balance for everybody to do that. [1:15:08] And so this is one way we can do that. But [1:15:12] Anna, we, [1:15:14] we are growing into a very sophisticated [1:15:18] Township operation. [1:15:20] We have professionals, we have professionals that we're, [1:15:25] we're it's time to grow into trust to those professionals. [1:15:31] Not, not to send you off to be at risk, [1:15:34] but to be able to get these pieces of work done. [1:15:40] And if somebody doesn't like your response [1:15:44] or the the committee's response [1:15:47] that in some cases is being created, then there, there needs [1:15:51] to be maybe a way to proceed beyond that. [1:15:54] But to have to have everything come here [1:15:59] just isn't realistic. [1:16:00] I don't think [1:16:02] So. [1:16:03] Well, have you ever looked at a hydro CAD model? [1:16:05] Because it's really interesting. [1:16:07] That's what we do and, [1:16:08] and again, it is some of this just like very technical [1:16:11] things that again, if the planning commission's, [1:16:13] setting the policy around what you want the community [1:16:16] to look like, you know, [1:16:18] and we have these conversations about what the, [1:16:20] the goalposts are, you know, we can make sure that we, [1:16:23] we fit in between those from a engineering standpoint. [1:16:29] So yeah, there's, I to your point, Scott, [1:16:33] that's why I don't want flexibility to be kind [1:16:35] of a dirty word because again, it's within these guardrails [1:16:38] that, you know, the different bodies have set in the [1:16:41] priorities that the community has shared with us. [1:16:43] So that is our charge then to make sure [1:16:47] that we do that. [1:16:49] And it, yeah, and we do that [1:16:54] and we sometimes have developers that don't love that we do [1:16:57] that, but we, we got the ordinances, [1:17:01] we got the plans, we're gonna follow him. [1:17:04] So, all right. [1:17:09] The other thing that I wanted to highlight was so [1:17:14] that I went through that one administrative departure. [1:17:17] The same can be applied [1:17:18] for the different sections they're in. [1:17:19] Each one of 'em, I think there's five total. [1:17:22] So that's really what we mean by some of that. [1:17:27] There are again, still some things that we've been having [1:17:30] to talk through and staff with staff. [1:17:33] One example is that we require basins [1:17:36] and four bases to not be geometric and we say square [1:17:40] or rectangular, but even a circle is technically a shape. [1:17:43] So like what else are you supposed [1:17:44] to make it look like, you know? [1:17:46] So anyway, those are some things [1:17:50] that we gotta think about. [1:17:52] But I think one of the other big changes [1:17:56] that I'll mention under the storm water section is [1:18:00] that we currently don't have a great tool [1:18:03] or method for following up on ponds [1:18:06] that are clearly not functioning. [1:18:08] So when you look at a Google Earth image, [1:18:11] you could probably pick out which ones those are. [1:18:13] And so there's no way, we're not a, [1:18:16] a stormwater regulatory agency. [1:18:18] That's not what townships do. [1:18:21] But we do have to make sure [1:18:23] that people meet their site plan requirements, even if [1:18:25] that's 50 years down the road. [1:18:28] And so we talk about providing an agreement of [1:18:30] what your maintenance plan is gonna be for somebody [1:18:33] who just has a small pond, you know, [1:18:35] and that's just a, you know, little office building [1:18:38] that's probably not as [1:18:45] long or crazy or complicated of a maintenance plan. [1:18:49] But for somebody who has underground storage, for somebody [1:18:51] who has a very big pond next to [1:18:56] you know something that if it overflows could [1:18:58] be catastrophic. [1:19:00] Those are the types of things where we need to have a, [1:19:03] you know, those agreements reflect what the system is. [1:19:07] And so that will be something new. [1:19:10] We haven't required that before as part of our development. [1:19:18] Does anybody have any questions about anything in one 60? [1:19:21] Otherwise [1:19:29] I have a general question. [1:19:31] It it has to do with wellhead protection. [1:19:34] I don't know if it's our responsibility [1:19:37] or the water provider's responsibility, [1:19:39] but do we have a, a backflow prevention [1:19:44] requirement, even at residential level, A hose bib, [1:19:48] if you lay that hose out [1:19:49] and the water shuts down, [1:19:52] you're gonna pollute the water system. [1:19:56] Yeah, the, the thing about the water system is it, [1:19:59] you know, it's at all times usually [1:20:05] providing a CAPA pressure that would not warrant that. [1:20:09] It's situations where that [1:20:13] capacity might change that would induce those opportunities [1:20:17] for it to exchange, you know, something [1:20:21] that's usually pushing out water out your faucet [1:20:23] for it to come back in. [1:20:25] So hydrant flushing is an example of one of those times [1:20:29] a water main break, another one of those times. [1:20:33] So it doesn't happen on the residential side very often [1:20:37] and it, when it does, it's in a very [1:20:39] controlled regulated way. [1:20:41] So when there is a water main break they have to do, [1:20:45] there's a certain process for notifying people, [1:20:48] testing the water, getting it back online [1:20:50] to prevent the system from being affected. [1:20:54] Commercial type settings mostly, especially those ones [1:20:58] with sprinklers, they all are required [1:21:00] to have backflow preventers a, [1:21:02] a service over a certain size is required [1:21:04] to have a backflow preventer [1:21:06] and you're required to get that tested annually [1:21:09] and submit those to the city water system. [1:21:13] So there are definitely layers of how we protect that. [1:21:17] But yeah, services over a certain size are required [1:21:21] to have backflow preventers. [1:21:35] Okay, then I'm gonna go on to 1 62, [1:21:40] which is groundwater and wellhead protection. [1:21:47] I also happened to be the wellhead protection administrator. [1:21:52] I Not sure that I realized or that, [1:21:57] and even in the water agreement that we realized [1:21:59] how technical or advanced of a position that was gonna be [1:22:02] and what kind of risk it would carry. [1:22:05] So that is part of that. [1:22:06] I mentioned there's a group meeting between some [1:22:08] of the city staff and the Township staff out of the UPC [1:22:13] because the city has a wellhead administrator [1:22:15] that does this all day long. [1:22:18] And this is, she's very knowledgeable about all these [1:22:21] different things, all the different regulated substances, [1:22:24] all the per prevention measures. [1:22:27] So I think that is an opportunity that we could actually, [1:22:31] with our partners, just maybe think about it being one [1:22:33] person and not each individual Township having [1:22:36] to have their own wellhead administrator. [1:22:37] I think it would help with a lot of that consistency [1:22:40] and accuracy of implementing those performance standards. [1:22:45] But currently TMO has one and here I am. [1:22:50] And so the other big piece of this that we had to add, [1:22:54] I'm on page 67 of the packet, is again, that [1:22:59] it was very clear when we were just saying it's in these [1:23:02] time of concentration zones by our public wells. [1:23:05] We are trying to apply that Township wide. [1:23:08] So we really have had to go through this [1:23:09] and understand how we're gonna apply it that way. [1:23:12] And so we came up with this risk assessment [1:23:18] and tried [1:23:23] to make some charts to make it [1:23:24] a little bit easier to go through. [1:23:25] But essentially everybody's gonna have [1:23:27] to use the ordinances if they wanna develop in the Township. [1:23:30] If you're in a wellhead zone, pretty straightforward, [1:23:32] you gotta follow all the performance [1:23:35] standards in our ordinances. [1:23:37] If you're not in a wellhead capture zone, then [1:23:42] you can start to look at your type [1:23:44] of risk and your type of use. [1:23:46] And then whether you would just have to follow the, [1:23:49] the ordinances or if you will also have [1:23:51] to follow the performance standards. [1:23:54] So you might be in a low risk zoning, [1:24:00] but you get a special use [1:24:01] and you're doing kind of a higher risk use. [1:24:04] And so then that leads you, those are these, [1:24:07] these are the three tables we're using. [1:24:09] So you might be in a low risk zoning, [1:24:11] but you're doing a high risk activity or land use. [1:24:15] And so then that would trigger that [1:24:17] even though you're not in the wellhead capture zones, [1:24:19] you still have to follow the performance standards [1:24:21] because that's protecting groundwater [1:24:25] and it leads to a lot of [1:24:26] how you're gonna manage your storm water [1:24:28] and your other chemicals on site. [1:24:32] So in part of this table two, again, [1:24:35] we're getting this from the city, [1:24:37] they have a little bit different zone. [1:24:38] Like we had whatever, 20 categories, they have 40 [1:24:42] and they are really not used to new developments. [1:24:46] I am learning. So they're very used to things being built up [1:24:51] or just built more in one solid area. [1:24:54] So that is some of why we have to work with them so [1:24:56] that it's applicable to different types of agencies, [1:25:01] different size agencies. [1:25:04] So for example, transportation under manufacturing. [1:25:08] I need some clarification on what they're trying to have [1:25:12] that be as a a use. [1:25:15] Again, in some cities you might have somebody who's doing [1:25:18] more like transportation, manufacturing, [1:25:20] are they building car engines? [1:25:22] I don't know that we're gonna have that in tmo, [1:25:24] but again, we just wanna understand what some of those are. [1:25:27] So we're still working through that with them. [1:25:30] But I think this methodology is the important part [1:25:32] that we want the planning commission to be aware of is [1:25:35] how we're trying to apply this [1:25:38] in various parts of the Township. [1:25:39] It's not just about zoning anymore, [1:25:41] it's really about the use as well and the activity. [1:25:46] When I looked through that in, just in light of [1:25:49] what you're saying, I, I questioned [1:25:52] ag being a low risk just [1:25:55] because of the amount of chemicals [1:25:57] that can be put on the ground. [1:25:59] And I know there's not a lot of wells yet in some [1:26:02] of these areas, but as we develop, there will need [1:26:07] to be more wells [1:26:09] and then they'll become right in that district where [1:26:13] whatever is in the ground [1:26:16] is bringing risk to the water. [1:26:19] The same thing, the same question I have is [1:26:22] for rural residential right now. [1:26:25] There are some cases where it's the wild west out there [1:26:29] and applying petroleum products to the ground [1:26:33] and using chemicals is, well I'm [1:26:38] a long ways from my neighbors, so what's the difference? [1:26:42] And and that also is more of a medium risk I think than, [1:26:48] than some of the other spaces where people are seeing [1:26:52] what is happening, you know? [1:26:55] Yeah. I think maybe Jodi or Jim could speak to this too, [1:26:59] but some of the protections that come with that type [1:27:03] of land use or zoning. [1:27:05] Yeah, there's already quite a, there's quite a lot [1:27:09] of regulations that would prohibit. [1:27:11] In other words, if somebody's dumping oil on their driveway [1:27:14] to keep the dust down, okay, [1:27:15] that's something my dad might have done 50 years ago today, [1:27:17] that's against the law. [1:27:19] So I think there are a lot of [1:27:21] regulations already in existence [1:27:23] that would hopefully tamp down that what they're trying [1:27:26] to do is at least segment out those that would be of [1:27:30] higher degree of risk to allow them to determine when [1:27:35] to impose a higher standard for for development. [1:27:39] So yeah, there's always that, trust me, [1:27:43] we had somebody that was [1:27:45] burying 50 gallon drums on their private property, storing [1:27:52] those type of activities. [1:27:54] You can't control through planning zoning [1:27:57] or even a, a, a well-regulated ordinance [1:28:01] because if people are literally, you know, [1:28:05] breaking the law to that degree, you, [1:28:10] you can't prepare for that. [1:28:11] You just have to be vigilant [1:28:12] and keep your eye on what's going on around out there. [1:28:19] Is that true of the ag applications as well? [1:28:23] Yeah, I'm not, given what I've read over the years, [1:28:25] I'm not concerned about most ag [1:28:29] o ag operations from this standpoint. [1:28:32] Farmers are, have a very hard time right [1:28:34] now making a living. [1:28:36] They are some of the most cautious [1:28:40] and frugal users of any type of fertilizer [1:28:44] or anything they use simply because of the cost. [1:28:47] And studies have shown that they're [1:28:49] typically very good stewards of the use of their property. [1:28:54] So Right. Typically it's maybe the thing I'm, and [1:28:56] You can't, the, the one offs, I don't know how to, [1:28:59] I don't know how to plan for that. [1:29:00] It is just like the guy that was burying 50 gallon drums. [1:29:03] I mean, how do you regulate against that? [1:29:05] If you just say that every residential use is a high risk? [1:29:09] Well, that's only true on the one-offs. [1:29:12] It's not true generally. [1:29:14] So you've gotta plan [1:29:15] and develop an ordinance based upon [1:29:18] what should be happening, recognizing that [1:29:23] the law already regulates a lot of activity [1:29:27] that you can't do. [1:29:28] And so you should be able to anticipate [1:29:31] and work that into your ordinance and, [1:29:33] and rely on that compliance that currently exists. [1:29:38] Otherwise you're trying to regulate against every [1:29:42] potential activity [1:29:43] and you can't, that's, that's what zoning's all about. [1:29:46] That's why zoning Euclid and zoning doesn't try to regulate [1:29:50] or specify every permitted use [1:29:54] or excuse, excuse me, every prohibited use. [1:29:57] It simply tells you what you can do [1:29:59] and that anything that's not permitted is prohibited. [1:30:02] That's how zoning works. [1:30:04] I have a hard time explaining that to the public sometimes [1:30:06] because they'll say, show me the ordinance [1:30:08] where it says I can't have, you know, [1:30:10] a corn picker in my front yard in R one zone. [1:30:14] Well it doesn't say that. [1:30:17] It says what you can do [1:30:18] and what you can do is all you can do [1:30:20] and what anything else is prohibited. [1:30:22] So we have to rely on that, that process. [1:30:26] Thank you. Yeah. [1:30:29] Would you consider adding like let's say [1:30:33] battery or data center or any kind of cool cycled cooling? [1:30:39] I didn't see that on your table. [1:30:41] Anywhere from nuclear power, whatever, any kind [1:30:45] of cooling cycling water activity of the high use, [1:30:50] high risk land use. [1:30:52] Well, we did add the principal use energy systems under [1:30:56] manufacturing as a high risk land use activity. [1:31:03] And then there is some in the definitions you'll see [1:31:07] 'cause this came up with the city on just [1:31:11] a new development that has air conditioners on its roof. [1:31:15] Yeah. And just the amount of cooling in those triggered it [1:31:18] to be needing review and needing. [1:31:21] Right. A plan. So [1:31:23] that is much more defined in the performance standards. [1:31:26] If you read through that document, [1:31:27] it talks about those amounts. [1:31:29] So it's not gonna be your household air conditioner, [1:31:33] but it's over a certain amount that when those cooling [1:31:37] the, the chemicals that are added get to a certain amount. [1:31:40] Yeah. And that's all comes from like a manufacturer spec. [1:31:43] It'll say right in there how much it has to have. [1:31:47] So that's what I mean [1:31:48] by this is a very technical thing to get into. [1:31:50] Right. So having the city's, I don't know her title, [1:31:54] but their wellhead administrator doing some of this, [1:31:57] I think would be, yeah, she, she does it all the time. [1:31:59] She knows she will catch [1:32:01] that stuff more than I would know about [1:32:05] roof AC units. [1:32:07] I didn't, I would not have caught that if she didn't say it. [1:32:10] I will add, frankly, [1:32:12] that is why there's the reserves section [1:32:14] under manufacturing. [1:32:15] That was the intent with that one there. [1:32:17] But just because, you know, [1:32:19] we don't have the ordinance on the books yet. [1:32:22] That was the intention of leaving [1:32:23] that reserved at this time. [1:32:25] Okay. [1:32:27] Yeah, I think the other thing about your question, [1:32:29] Scott too is that, you know, [1:32:33] there's the land application of some of the chemicals, [1:32:35] but then again the storage still re is required [1:32:40] even if you're an ag parcel, [1:32:41] but you're storing a certain amount of gasoline [1:32:44] or you know, so there's still some applicability I guess. [1:32:48] But I think kind of to Jim's point is like, you know, [1:32:52] people are gonna use what they need to use on their fields [1:32:56] and we're not going in to regulate whether it's, you know, [1:33:01] some dangerous chemical. [1:33:04] A lot of other regulatory agencies have banned those types [1:33:07] of things, you know, where you can't use a chemical [1:33:10] that's been considered a, we call 'em VOCs, [1:33:14] but you know, so there is other layers of protection [1:33:19] too, not just our ordinances I guess is what I'm getting at. [1:33:34] Just flipping through to see if I had any other pieces [1:33:38] of 1 62 to [1:33:43] talk through [1:33:48] This portion of the ordinance is where some [1:33:52] of like the reporting and documentation comes in. [1:33:55] So on page 71, if you are considered [1:34:00] to be high risk [1:34:01] or medium risk, there are some forms [1:34:04] that we want filled out and have on file. [1:34:07] Some of these are similar to the firefighter right to know. [1:34:10] So it's already kind of being collected. [1:34:11] We can, we're trying to coordinate with them [1:34:13] so we get it all at once. [1:34:14] If they're already going out there to ask some [1:34:17] of these questions, can we toss in a few of ours? [1:34:21] And then again, some of those [1:34:26] routine maintenance [1:34:27] and exp inspection requirements too, so [1:34:30] that it's not just at the site plan approval [1:34:32] and then three years later, you know, we don't know [1:34:35] what they're doing on site or they have a new chemical [1:34:37] that they're using because they're, you know, [1:34:39] just got invented or something. [1:34:41] So we're gonna keep up with it. [1:34:50] All right then with that 1 63 [1:34:54] and 1 64 are [1:34:58] heavily from our existing ordinances. [1:35:03] The big change for clear cutting is [1:35:06] that there's also selective cutting being added. [1:35:09] And we've seen this on a few parcels that are not, [1:35:14] you know, actively under development, [1:35:16] but they know they're trying to be good stewards [1:35:18] of the what's existing there, the vegetation. [1:35:20] And so my understanding is that there's certain species [1:35:24] that do better if they're not overcrowded. [1:35:26] And so you can do some of this [1:35:28] to actually do good land management. [1:35:31] They also probably do it a little bit [1:35:32] to maybe sell some good wood. [1:35:34] So while they're waiting for development, [1:35:36] there's some income. [1:35:42] So that was the thought behind that. [1:35:56] And then in 1 64, the soil erosion [1:35:58] and sedimentation control, [1:36:03] this is mostly already regulated by part 91, [1:36:09] however, we have found that occasionally when the [1:36:15] developer, again, depending on which tool they're using, [1:36:17] if they no longer hit the criteria to par to fall [1:36:21] under part 91, which is within 500 feet [1:36:26] of a acre stream [1:36:27] and over an acre, that they can still have a lot [1:36:32] of soil erosion happen. [1:36:34] So that is a little bit of what we're [1:36:40] trying to [1:36:45] be a part of here because we've [1:36:46] seen it happen in a few places. [1:36:47] And so again, it's a little bit driven [1:36:50] by the different development tools. [1:36:52] For example, if a a plat or a site condo went in [1:36:56] and they're, you know, it's big [1:36:58] and they're working on one side of, they do all the [1:37:01] utilities, they get the roads in [1:37:03] and everything else has been cut and filled [1:37:07] and moved around by equipment and it no longer has grass [1:37:09] or trees on it, then what are they doing with [1:37:12] that while they go to get the rest? [1:37:13] You know, as they start to slowly build homes. [1:37:18] So again, that's where we've seen it, [1:37:19] where the individual parcels might be smaller, [1:37:22] but when you put all those together, it can be pretty, [1:37:27] it can cause a lot of damage to be honest. [1:37:31] So that's where some of that's coming from. [1:37:33] We are requiring a soil erosion control plan. [1:37:37] You know, again, we're not the permitting agency, [1:37:39] but we do wanna see that they have these measures in place [1:37:42] and that they're following them. [1:37:50] Is there a reason why the minimum is an acre? [1:37:53] Like if it's just under an acre? [1:37:56] Yeah, But it's a hundred percent of the site. Like, [1:37:59] Yeah, again, that's just kind of following the part 91. [1:38:02] I actually have a note on that of like, [1:38:05] not only making it an acre but an acre within a certain area [1:38:08] because again, I'm fearful that somebody's gonna just do, [1:38:11] you know, they have a two acre site [1:38:13] and they do the opposite ends of it [1:38:15] and it's only equals, you know, 0.99 of an acre, [1:38:18] but they're still flooding the middle of their parcel [1:38:21] or you know, it's all running onto a road. [1:38:23] So I think there is some opportunity to, [1:38:27] Or if the parcel isn't quite an acre, [1:38:30] but then they're doing the whole parcel. [1:38:32] Yeah. Like it's still a problem. [1:38:34] I dunno. Yeah, I think we could relate it to just some [1:38:36] of the amount of earth change [1:38:38] or again, if you're, as we get into the next article, [1:38:41] which is 1 65, if you're in one of these areas [1:38:44] where it might have steep slopes [1:38:47] and so if you're at the, you know, the top of the slope [1:38:49] and you're doing less than an acre, [1:38:51] but then you're, it's all running down to somebody. [1:38:54] So I think there are some ways we could try [1:38:57] to not just make it that one value, [1:39:00] but have some other pieces from our ordinance that [1:39:06] help regulate that. [1:39:08] But yeah, it, it, that's again, just coming from the [1:39:14] part 91 says the same thing again, [1:39:16] the whole 500 feet if somebody was at four 90, [1:39:20] super frustrating. [1:39:21] But we have had that happen before. [1:39:23] But again, we can, if we have the soil erosion plan, [1:39:25] we can still require them, you know, [1:39:30] to do some of these things. [1:39:35] At least, at least require them better than we are [1:39:37] doing now, I'll say. [1:39:39] But, [1:39:50] so those were the ones that I wanted to go through. [1:39:54] There's like I said, some that then kind of follow [1:39:59] from two 90 and 53, 56 [1:40:05] and two. [1:40:07] So if there's specific questions on those, I might have to [1:40:11] defer to Leanna, [1:40:12] but I definitely wanted to get through those. [1:40:15] Our plan moving forward is again, get [1:40:17] through the last article 1 65, [1:40:21] another one where it's already in our ordinance, [1:40:24] but we wanted to apply [1:40:28] everywhere in the Township. [1:40:30] After we get through those with the planning commission, [1:40:32] again, there'll be a version two. [1:40:33] We have, once we see the amount of changes for version two [1:40:37] of all these we haven't really discussed if we'll take 'em [1:40:39] back to planning commission or go right [1:40:43] to the Township board, [1:40:44] but we will have to go through the Township board [1:40:46] and have public hearings. [1:40:49] Ideally, we would be able [1:40:50] to get this all done by the end of the year. [1:40:53] So, and again, I think a lot of it is either existing [1:40:57] or it's a step in the right direction. [1:40:59] So I think it would be good to try [1:41:02] and get some of this codified so we can start applying it [1:41:04] to projects and then we can continue refining it as we go. [1:41:09] But it's part of that requirement of that [1:41:13] Water services agreement too. [1:41:15] So we have some pressure that way too, [1:41:17] that we have to meet that commitment. [1:41:19] And then there will still be a lot of work where, [1:41:21] like I mentioned, we're gonna have these different forms [1:41:23] and inventories and agreements that we gotta [1:41:28] draft so that we can provide. [1:41:29] Sometimes that's easier, sometimes it's more work upfront [1:41:33] and we don't have the capacity to do that, [1:41:35] but we are trying to make it very user friendly. [1:41:40] So fillable forms, [1:41:43] links on the website to everything you need. [1:41:45] Use the the interactive GIS map [1:41:48] and then again long term just continue to add to some [1:41:51] of these reserve sections [1:41:52] and some of the ideas as development gets more [1:41:57] creative too, that's where some [1:42:00] of this lead comes from and all that kind of stuff. [1:42:02] So we'll continue to make it better. [1:42:09] Are there any questions on the environmental ordinances [1:42:11] or the other ones? [1:42:16] The landscaping? [1:42:20] What else is in there? [1:42:26] Two 90 subdivisions. [1:42:30] 53 is, oh, [1:42:34] 53 is landscaping, 56 is site plan. [1:42:36] Oh no, that's 64. I don't know what 56 is. [1:42:39] You guys are better at that game. [1:42:40] I don't do that one. Environmental [1:42:42] Protections they're currently in. [1:42:44] Oh, so basically we're all just removing those. Okay. [1:42:46] So landscaping would probably be the only one [1:42:49] that I didn't go through in much detail [1:42:51] that there's some changes to, but [1:42:55] I have a general issue, I guess I like the fact [1:43:00] that in the beginning we've got a definition [1:43:02] that says master plan and comprehensive plan are equal. [1:43:08] However, in light of the fact that it, [1:43:10] it's a clerical thing. [1:43:12] Anytime we touch a document like this to get it consistent, [1:43:17] we made a choice to make the, the name comprehensive plan [1:43:23] and I think we ought to follow through [1:43:25] for everybody's sake 20 years from now, they won't [1:43:29] like me an old guy reading through there [1:43:32] and say, whoa, what's master plan? [1:43:35] You know? So just do the clerical work, [1:43:39] wipe it out, the master plan doesn't exist. [1:43:42] Keep the definition, that's great as a safety factor, [1:43:45] but make the comprehensive plan consistent [1:43:50] as much as possible. [1:43:51] It just simplifies everybody's thoughts. [1:43:55] Yeah, I agree. I I try [1:43:57] to correct myself just like the fruit belt rail trail. [1:43:59] I try to get that one right too. [1:44:03] But again, some of this is coming from other agencies where, [1:44:05] so they're just calling them master plans [1:44:07] and so it's just taking the time to go [1:44:12] through it and do it ourselves. [1:44:13] But the, the Wellhead Protection Ordinance was [1:44:18] modified from the cities by a consultant [1:44:20] to just meet all the townships. [1:44:22] And so I think that's why they use the generic term. [1:44:24] So we're taking it upon ourselves to make it our own. [1:44:29] And so we have to look for those things. [1:44:31] I understand. And yeah, and that helps [1:44:34] to have the definition there, the [1:44:38] consistency in our own documents is what I'm looking at [1:44:41] and not documents we're not touching. [1:44:43] That would be crazy to send those to the trustees [1:44:46] for a change that is like this. [1:44:49] But as we make changes, yeah, just deal [1:44:51] With it. [1:44:52] It's how we did for EGLE is in there and it says, [1:44:54] or future names [1:44:56] because the DEQ just changed to EGLE a few years ago [1:44:59] and everybody has DEQ in so many places, so [1:45:05] I don't know why we do that to ourselves, but here we are. [1:45:08] So, all right, well thank you very much. [1:45:11] Thank you Anna. You guys were my third meeting [1:45:13] of the week this week in the evening, so [1:45:18] hope it wasn't, my brain wasn't too fried. [1:45:25] Alright, moving on to item number seven, [1:45:28] which is the public comment section of our meeting. [1:45:32] If anyone has a public comment they wish to make, [1:45:35] please come up to the podium [1:45:37] and you've got four minutes to state your case. [1:45:47] Okay. Seeing no one coming up, I'm going [1:45:50] to declare the public comment section over. [1:45:53] I can't believe we got through that [1:45:56] planning Commissioner comments, anything anybody wants [1:45:58] to say based upon what we've done tonight? [1:46:01] I, I'm not a planning commission member, [1:46:02] but I did want to let you know I'm the one [1:46:04] that gave you the article on Moss Landing. [1:46:07] I just wanted you to be aware of it. [1:46:08] Obviously the citizens are concerned about it. [1:46:11] I think it is a concern, [1:46:12] but I did want you to be aware that in researching it, [1:46:15] it came to my attention that [1:46:18] this was a flare up against a wall of an existing building [1:46:21] that had burned in 2025 [1:46:24] and it was 1200 inaccessible battery modules [1:46:28] that were still charged [1:46:29] and they spontaneously ignited and caused a fire. [1:46:34] But it still stands according to this article [1:46:37] that this facility was built in an enclosed aging building [1:46:41] with older battery technologies crammed together, [1:46:44] allowing fires to spread quickly. [1:46:46] So it's, I know there have been changes in California law, [1:46:50] but it doesn't change the fact [1:46:51] that the Moss landing site was really very poorly designed. [1:46:56] Doesn't mean it's not a concern, but take it in in context. [1:47:01] Thank you Jim. Alright, Mr. Chair. [1:47:04] Yep. Scott, [1:47:06] I just, I've mentioned traffic calming in our neighborhood [1:47:10] in the past and I just want to publicly commend Anna [1:47:15] and her department for the work [1:47:17] that they did over the past four [1:47:19] and one half years working with the Road Commission [1:47:22] to the traffic. [1:47:24] Calming pieces are in place. [1:47:26] There's some signage [1:47:28] and a little bit of markings that need to be done, [1:47:30] but as of today, it's [1:47:33] calming the traffic on Green Meadow Road [1:47:35] and we're so grateful. [1:47:37] Thank you. Very [1:47:38] Good. [1:47:40] Alright. It is now, let's see, what is it? [1:47:43] 7:47 PM The agenda being completed. [1:47:47] I declare the meeting at a conclusion. Thank you very much.