PLANNING COMMISSION SPECIAL MEETING
July 21, 2020
Purpose: Master Plan 5-Year Review
The special meeting of the BHV Planning Commission was called to order by Chair Weingartner at 6:03 PM via online video/phone conference consistent with Governor Whitmer’s Executive Order/COVID-19 pandemic.
ROLL CALL Present: Commissioners Hensinger, MacKrell, Richards, Wallace, Weingartner and Zoldan. Absent: Commissioner Curtner.
Others present: ZA Perry.
Discussion of the Master Plan and Mr. Hensinger’s list of topics included:
–A description of the relationship between BHV and Ann Arbor Township could be added to the Master Plan. BHV is part of the Township, but also a distinct jurisdiction as a Village. If BHV has an ordinance, then the corresponding Township ordinance does not apply in the Village. Mr. Perry is the BHV Zoning Administrator, but is also a Trustee on the Township board, so serves as an informal liaison between the two.
–Septic systems are regulated by Washtenaw County as far as location/regulations. BHV has an ordinance requiring septic tank pumping at least every 4 years to help ensure proper maintenance necessary to help avoid leakage or other problems.
–The Clark Forestry Study is 17 years old. Should a new study be done? It would have to be funded by BHV (the Planning Commission does not have funds for such a project). It was noted that there may not be that much change in the descriptions of existing conditions, and that the Clark study does include recommendations that were not acted on when the study was first done. Those recommendations should be reexamined for potential action now. Some items from the study are being addressed by BHMC on their waterfront/parklands, such as removal of invasive species and selective planting.
–There aren’t any future capital projects proposed at this time. BHMC owns the land that would be most likely to be developed, which is now zoned agricultural preservation or conservation. Barton Green is not in BHV so is not covered under the BHV Master Plan (governed by Ann Arbor Township regulations).
–BHV documents have differing roles. The Master Plan is aspirational/sets goals, which are then reflected in the Zoning Ordinance (land use), and the Code (police power type ordinances). For example, Master Plan Section 3.6 mentions security issues such as police and fire protection, and Code Chapter 3 addresses Public Safety, but there is no need to mention security in the Zoning Ordinance since security is not a land use matter.
–The Master Plan Land Use Map indicates that a large portion of the community has steep slopes. This topic was discussed at length when the Master Plan and Zoning Ordinance were developed in 2010 and 2014 respectively. The Planning Commission at that time was reluctant to impose strict conditions on the community since changes in slopes were not common. However, Master Plan Section 5.4.5 states that steep slopes will be protected, and there have been several instances in recent years where slopes have been clear cut with the resulting potential for erosion and degradation issues.
–Protection of trees is also an emerging issue as more residents are choosing to remove trees and open up views. Landmark and particular species of trees could be specified as requiring a permit to remove, while invasive/dead/damaged trees could be expected/encouraged to be removed and would not require a permit. This can be a complicated issue, given the wide variety of species/size/location of trees. Ordinances from other communities could be helpful in developing an appropriate document for BHV. BHMC has hired a landscape professional to identify and address trees along the waterfront. That is what a homeowner would need to do under a tree ordinance, which involves cost. Also, the penalty for violation would need to be serious enough to discourage residents from just cutting trees and paying the fine.
–Since there are very few vacant lots, tear-down of existing houses is likely to continue. Are there any concerns and are these situations adequately addressed in the Master Plan and Zoning Ordinance?
–Geothermal installations are covered in a separate ordinance (Code Chapter 16).
Wind and solar installations are included in the Zoning Ordinance. Should the Master Plan have a section on Alternative/Renewable Energy?
–The Americans with Disabilities Act is enforced at the state/federal level, and is adequately addressed in BHV public buildings.
–Stormwater management is mentioned in Master Plan Section 6.5. BHV has a separate Stormwater Management Program required by the State of Michigan. This could be reviewed to assure that stormwater issues are being adequately addressed. BHV is also covered under the Washtenaw County stormwater program for large and commercial projects.
–The Zoning Ordinance should reflect what the Master Plans says will be done. The Master Plan loses meaning if it isn’t acted upon.
Next steps:
–Specific Master Plan updates will be considered, including items on Mr. Hensinger’s Housekeeping List, adding a description of the BHV/AATwp relationship, and updating Census statistics.
–Ms. Weingartner and Mr. Zoldan will work on a draft for the solar sections (the wind part is OK).
–Mr. Hensinger and Mr. Perry will draft language for steep slopes and trees.
–The Clark Forestry Report will be reviewed to determine if a new study is needed.
–Mr. Perry will ask the CarlisleWortman consultant about alternative energy.
–The goal is to develop specific language, and have the consultant review it.
–Mrs. Esch will verify the available budget, particularly for consultant fees.
The next regular meeting of the Planning Commission is scheduled for Tuesday September 8, 2020. The meeting was adjourned at 7:32 PM. (Richards/Zoldan/P unanimously)
Janice K. Esch, Assistant Secretary Approved 9.8.2020