BRADY TOWNSHIP PLANNING COMMISSION

MINUTES OF MEETING HELD SEPTEMBER 18, 2008

A regular meeting of the Brady Township Planning Commission was held on September 18, 2008 commencing at 7:30 p.m.

Members present: Chairman Gary Miller

                              Vice Chairman Randy Smith

                              Ed Haberle

                               Jan Becker

                               Dave Locey

Absent: Kathy Guthrie and Mike Henderson                                                                  

Also attending: Township Attorney Craig Rolfe, Township Supervisor Lee Philport and 4 others.

APPROVAL OF MINUTES

Randy Smith made a motion to approve the minutes of April 17, 2008 as written. Dave Locey supported, and the motion was carried unanimously.

PUBLIC HEARING

Chairman Gary Miller opened the Public Hearing to consider a request by John Byholt to rezone from the existing C-1 General Commercial District zoning classification to the AG Agricultural District zoning classification a parcel of approximately 30 acres in area located at 11046 Sprinkle Road in the northwest corner of land Section 6 of Brady Township.

Mr. Byholt stated that he originally purchased the farmland in 1987. The DNR approved a pond he had dug for irrigation purposes. He increased the size of the pond and sold sand from the pond. In 1997, the land was rezoned from Ag to R-1 when the township’s zoning ordinances were adopted. In 2000, Mr. Byholt obtained an approval to rezone from R-1 to C-1, because he was planning to add office buildings to the property. The office buildings were never built, but Mr. Byholt continued to sell sand from the pond. Mr. Byholt now wishes to rezone the property back to AG so that his business is in compliance with the ordinance.

PUBLIC COMMENT

Mr. Nick Gerth, 10711 East Shore Drive, adjacent to Mr. Byholt’s property, states that he is strongly opposed to the commercial activity on the Byholt property. He handed out copies of 3 pages of photos showing heavy machinery at the pond and trucks removing loads of sand. He states that the enterprise adversely affects adjoining property values, quality of life and noise levels. He further stated that the selling of sand to the general public is a commercial activity and not an agricultural activity.

Mr. Seth Giem, 10234 East Shore Drive, stated that there should be no pond on the property because of wetland concerns.

Mr. Michael Johnston, 4931 East TU Avenue, stated that he lives southwest of the Byholt property and he has no concerns about the rezoning of the land. He stated that the low lands are on the east side of the pond. He further stated that there is noise, but it is usually gone by 6 or 7 p.m.

Written correspondence has been received from Paul Mullin, president of Vic’s Septic Tank Service. Chairman Gary Miller read the letter, which supports Mr. Byholt’s request for rezoning. Mr. Mullin states that he now has to go farther for his supplies, which is a hardship for his company.

Mr. Gerth asked if the DEQ and Drain Commission have approved this operation. Supervisor Lee Philport stated that the DEQ has renewed permits for Mr. Byholt.

Chairman Gary Miller stated that this Planning Commission is convened to consider the rezoning request and not any Special Exception Use requests this evening. The Planning Commission will consider the current rezoning request and then make a recommendation to the Township Board.

It was noted that four townships come together at this corner of Sprinkle Road and T Avenue, and there zonings are: Pavilion—C2 Commercial; Portage—R1 Residential; Schoolcraft R1 Residential; Brady—C1 Commercial.

There was no further public comment.

Attorney Craig Rolfe stated that neither the existing situation nor the intended use of the Byholt property is relevant to the Planning Commission’s decision, but rather whether the request is consistent with the existing land use plan. He stated that if the current land use map designates this area as commercial, then an amendment to the land use plan would be required to rezone the area to AG due to the inconsistency of the two zoning categories.

 Jan Becker made a motion to table Mr. Byholt’s request until a determination is made on whether the 2000 land use map is the most current. Randy Smith seconded the motion, and it was carried unanimously.

Attorney Rolfe agreed to go through the Brady Township Land Use records and make a determination. He will then inform the Township Board and the Planning Commission. The people attending this evening asked if they would be re-noticed if another Public Hearing is held. Chairman Miller stated agreed that they would.

The Public Hearing was closed.

NEW BUSINESS:

A.  REVIEW WATERFRONT SETBACK ORDINANCE (Article 15.3)

There was discussion about the current waterfront setback ordinance. There was a consensus that the impact of structures on the view of the lake is the reason for the ordinance. There was a question about how the distance of a structure from the lake was determined. Randy Smith stated that the Zoning Administrator uses the minimum setback measurement for figuring the setback of the three adjacent houses on each side, but uses the maximum setback measurement for the property owner. After much discussion, it was decided to direct the Zoning Administrator to used the shortest distance setback on ALL setback measurements.

B.  REVIEW OF STREET SIDE MEASUREMENTS

             There was a discussion about how the rear yard set back is determined on lakeside properties,

              whether the measurement taken from the edge of the pavement or from the right-of-way.

              Lee Philport stated the confusion with the measurements stems from the problems on East

              Indian Lake Drive. This road started out as a boulevard, became a single lane, and was

              further impacted when the sewer was placed. After much discussion, it was decided that the

              right-of-way will be used for lakeside rear yard setbacks, and all others must come before the

              ZBA.

C.  NEW MICHIGAN PLANNING ENABLING ACT

Attorney Rolfe asked that each Planning Commission member be given a copy of his memo dated July 28, 2008 concerning the Consolidated Planning Enabling Act and a 2006 Zoning Enabling Act. He summarized his findings on Brady Township’s compliance with this new act. He cited some examples of non-compliance. He will prepare by-laws to be considered by the Planning Commission.

  OLD BUSINESS

A.   PROPOSED LAND USE PLAN

Randy Smith stated that he incorporated all of Attorney Rolfe’s proposed changes to the current land use plan and distributed copies to each Planning Commission member to review.

Attorney Rolfe stated that he reviewed a revised draft of the proposed land use plan from Randy Smith a few weeks ago. He commended Randy’s work on this project. Attorney Rolfe stated that substantively, the commercial and industrial districts need statements of goals changed. The infrastructure such as water and sewer for commercial and industrial development is available in the Village of Vicksburg.

Lee Philport noted that the Village of Vicksburg Planning Commission would like to have joint planning with this Planning Commission on commercial and industrial development. Gary Miller and Randy Smith agreed to serve as liaisons on their Planning Commission.

Attorney Rolfe and Randy Smith will work on further revisions to the proposed land use plan and make sure that each member receives a copy. The objectives, policy, and goals as listed on page 17 of the text should be given careful consideration.

REPORTS: Lee Philport, acting as Township Board representative, gave a report on the progress made by Gary Gray on obtaining a liquor license for his new restaurant.

Jan Becker made a motion to adjourn at 10:15 p.m. Dave Locey seconded and the motion was carried unanimously.

The next regular Planning Commission Meeting is scheduled for November 20, 2008 at 7:30 p.m.

Respectfully submitted,

____________________________

Chairman Gary Miller

Brenda Brock,

Recording Secretary