BARTON HILLS VILLAGE
PLANNING COMMISSION MEETING
June 9, 2020
The regular meeting of the BHV Planning Commission was called to order by Chair Weingartner at 6:05 PM via online video/phone conference consistent with Governor Whitmer’s Executive Order/COVID-19 pandemic.
ROLL CALL Present: Commissioners Curtner, Hensinger, MacKrell, Richards, Wallace, Weingartner and Zoldan. Absent: None.
Others present: BHV President Torres, ZA Perry and Zoom Host Rob Malan.
PUBLIC COMMENT None.
MINUTES The minutes of the March 3, 2020 meeting were approved as printed. (Richards/Wallace/P unanimously)
COMMUNICATIONS/ANNOUNCEMENTS
Finance Carlisle/Wortman invoice #2157132 for Randy Perry consultation was noted. ($52.50 Invoice attached) Mr. Perry asked if certain Zoning Ordinance requirements regarding home occupations could be waived due to individual circumstances; the consultant’s response was yes.
REPORTS None.
UNFINISHED BUSINESS
Master Plan 5-Year Review. The Master Plan (MP) provides overall guidance for future community management. It was created via the Planning Commission in 2010 as required by State legislation, and is put into action primarily through the Zoning Ordinance (ZO). The required 5-year reviews by the Planning Commission include soliciting public comment. Written comments for the current review were received from two shareholders plus written questions from Commissioner Hensinger. Discussion of these comments included:
–The MP describes the community, with a focus on maintaining/preserving the existing character and features. At the 2015 review, no changes were made. Now comments are leaning towards updating the MP to reflect current community interests.
–The Commission could revisit the Olmsted plans to see if the original intentions are still being reflected in the MP.
–The Clark Forestry Study could also be reviewed, as it is a major resource for the MP. Concern was expressed about the density of vegetation, and whether more clearing should be encouraged, especially of underbrush that is primarily unintentional and dominated by invasive species.
–There needs to be a balance between what the community supports in self-imposed regulation and what the homeowners’ rights are to manage their property by their own preferences.
–As an example, the MP supports protection of steep slopes, but there is not specific direction in the ZO on how to provide that protection. The MP provides the vision and aspirations but has no legal enforcement authority—that authority rests in the zoning/other ordinances of the village.
–Current projects along Corrie Road involve steep slopes, and are compliant with existing Ann Arbor Township regulations for soil erosion/sedimentation control. Township ordinances apply in BHV only when BHV doesn’t have an applicable ordinance. The Township steep slopes requirements are in the Township Zoning Ordinance, so they don’t apply because BHV has a ZO of its own. The Commissioners could discuss the more stringent township regulations and consider if the community would want to impose more action/cost on itself to address steep slopes.
–Tree cutting is also a concern. The Planning Commission in the past discussed a tree replacement plan for building projects, but determined it was often not feasible to require replanting of trees cut/replaced by structures when lots are already heavily forested. A landmark tree ordinance could be considered (specific to type of tree, size and location). Mr. Perry will provide sample ordinances for the Commissioners to review.
–Fire danger from excessive trees/vegetation is a concern. Mr. Perry noted that this would fall under the police power ordinances of the BHV Code. The Ann Arbor Township Fire Chief did inspect the Corrie Road projects and determined that there was too much moisture in the cleared debris to be a fire hazard.
–Road safety for pedestrians is another concern, given the difficulty of creating paths for walkers along the roads. BHMC owns the parks/waterfront and is carrying out a multi-year plan to improve those areas, that may include some walking paths.. Cost and liability are factors, as well as enforcement of use by residents only.
–Mention of BHMC in the MP was questioned in the public comments. BHMC is a private corporation and administers the restrictions attached to the deeds of all but a few properties in the village. Since these are private covenants BHV has no authority, and reference to BHMC in the MP is limited to not creating any ordinances that would conflict with the deed restrictions.
–A question about raising chickens in BHV was received from a non-resident. The Commissioners could review the agricultural portions of the ZO.
The Commissioners agreed on the next steps:
–More thinking/discussion about the Master Plan and what changes, if any, are needed. Mr. Hensinger will update his list of questions/topics.
–Ms. Weingartner and Mr. Zoldan will take a closer look at the recently updated Ann Arbor Township solar ordinance to see if there are ideas to consider for BHV.
–Mrs. Esch will provide potential dates for a special meeting to continue the Master Plan review, without waiting for the next regular meeting on September 8, 2020.
NEW BUSINESS None.
The meeting was adjourned at 7:35 PM. (MacKrell/Richards/P unanimously)
Janice K. Esch, Assistant Secretary Approved 9.8.2020