BRADY TOWNSHIP PLANNING COMMISSION

MINUTES OF MEETING HELD 

FEBRUARY 19, 2009

A regular meeting of the Brady Township Planning Commission was held on February 19, 2009 commencing at 7:30 p.m.

ROLL CALL

Members present: Chairman Gary Miller

                              Vice Chairman Randy Smith

                              Ed Haberle

                              Mike Henderson                                                                                                                                                                       

 Absent: Kathy Guthrie, Jan Becker and Dave Locey.

Also attending: Township Attorney Craig Rolfe and 3 others.

APPROVAL OF AGENDA

Ed Haberle made a motion to approve the agenda as published. Randy Smith supported the motion, and it was passed unanimously.

APPROVAL OF MINUTES

The following changes were made to the minutes of November 20, 2008:

     Mike Henderson made the motions to approve the minutes and to adjourn the meeting.

     Delete the fourth sentence of item A under Old Business.

     Delete the words “by a five to one vote” in the fifth sentence of item A under Old Business.

     Delete Gary Miller’s name from sentence six of item A under Old Business.

Mike Henderson made a motion to approve the minutes of November 20, 2008 as amended. Ed Haberle supported, and the motion was carried unanimously.

NEW BUSINESS

A.   ZONING ASSIGNMENT PROPOSAL

There is a proposal to assign the C-1 General Commercial District zoning classification to the street addresses 606, 610, 620 and 650 Spruce Street, in the NW quarter of Section 18. These parcels were originally in Brady Township, then annexed to the Village of Vicksburg in 1999. Recently the parcels were transferred back to Brady Township in a 425 Agreement and currently have no zoning in effect. The township has proposed the C-1 zoning classification because that zoning is consistent with the Land Use Plan and because it is consistent with the proposed use of the property (a restaurant).

PUBLIC HEARING

Chairman Gary Miller opened the Public Hearing to consider the proposal to assign the C-1 General Commercial District zoning classification to the street addresses 606, 610, 620 and 650 Spruce Street, in the NW quarter of Section 18.

Gary Gray, 650 Spruce Street, stated that his restaurant is coming back into the township as a legal, non-conforming structure. The restaurant was built under the building standards of the Village of Vicksburg. Gary noted that the restaurant is a permitted use in the C-1 zoning.

Mike Henderson asked about any future expansion of the restaurant. It was noted that Brady Township Ordinances would govern any further development of the property.

There were no further comments, and there has been no written communications on this matter.

Gary Miller closed the Public Hearing.

There was a motion by Mike Henderson to recommend to the Brady Township Board to approve assignment of the C-1 General Commercial District zoning classification to the street addresses 606, 610, 620 and 650 Spruce Street. Randy Smith supported the motion, and it was passed unanimously.

B.   PROPOSED PLANNING COMMISSION BYLAWS

Chairman Gary Miller read the proposed resolution to the members of the Planning Commission. Township Attorney Craig Rolfe has prepared and distributed text for the proposed Planning Commission Bylaws, as mandated by the State of Michigan. He stated that it was necessary to address the following items: if officers should be re-elected and how to deal with conflict of interest situations.

Gary Miller stated that he would like to delete the words “or by the township attorney” on page 4 of the proposed text, under 3.7 (a). Attorney Rolfe stated that he could go on record with his advise to the commission if he felt there was a conflict of interest.

There was a motion by Mike Henderson to adopt the resolution with the change as stated above. Randy Smith seconded the motion, and it was passed unanimously.

C.   PROPOSED PLANNING COMMISSION ORDINANCE

Attorney Rolfe explained that the Brady Township Board will decide whether to pass this ordinance, but the Planning Commission should add any comments. The Planning Commission has already reviewed the proposed ordinance. There was a motion by Mike Henderson that the Planning Commission endorses the proposed Planning Commission Ordinance. Ed Haberle seconded the motion, and it was passed unanimously.

D. RESOLUTION TO SET REGULAR MEETING DATES

Chairman Miller read a resolution setting the regular meeting dates for the Brady Township Planning Commission for the 2009-2010 year as May 21, 2009, September 17, 2009, November 19, 2009 and February 18, 2010. All meetings are to begin at 7:30 p.m. Randy Smith made a motion to adopt the resolution as prepared. Ed Haberle seconded the motion, and it was passed unanimously.

D.   ELECTION OF OFFICERS

After discussion, Mike Henderson made a motion to nominate Gary Miller to serve another term as Chairman. Ed Haberle seconded, and the motion was passed unanimously. There were no other nominations, and Gary Miller was elected unanimously.

Mike Henderson made a motion to nominate Randy Smith to serve another term as Vice-Chairman. Ed Haberle supported, and the motion was passed unanimously. There were no other nominations, and Randy Smith was elected unanimously.

Mike Henderson made a motion to nominate Jan Becker to serve as Secretary. Ed Haberle supported, and the motion was passed unanimously. There were no other nominations, and Jan Becker was elected unanimously.

OLD BUSINESS

A.  REVIEW OF WATERFRONT SETBACK ORDINANCE (Article 15.3)

A three-member panel consisting of Randy Smith, Mike Henderson and Gary Galia has been considering the current waterfront setback ordinance. All three reported on progress made and the problem of maintaining “line of sight” on very difficult properties, especially on cul-de-sac areas and pie-shaped lots. There was also discussion about how the point of reference should be determined, especially on odd shaped lots. Mike Henderson stated that there are still many details to be worked out.

B.  PROPOSED LAND USE PLAN UPDATE

Randy Smith has incorporated all changes to the Land Use Plan made at the last Planning Commission meeting, and distributed copies. He also distributed new information on future commercial and industrial development in the township. The Planning Commission went over Randy’s proposed changes. After some discussion, it was decided that the text should state that any future commercial or industrial development should occur adjacent to the Village of Vicksburg or on the Sprinkle Road corridor.

Attorney Rolfe stated that he needs to compare the proposed Land Use Plan with the Michigan Planning Act to be sure they are in agreement. The Planning Commission then needs to look at the Land Use Map to be sure it is in agreement with the text. After these items are accomplished, a Public Hearing can be held to consider the Proposed Land Use Plan Update. Finally, the Township Board must approve the distribution of the text.

Randy Smith was commended for his continued hard work on this project.

REPORTS

Ed Haberle reported that the ZBA continues to have problems determining when there is a practical difficulty, due to the lot size, topography, etc. rather than personal circumstances of the applicant. After discussion, it was decided that the Planning Commission would ask the Township Board if all new ZBA members could be required to attend classes provided by the state for new members.

 Mr. Haberle asked Attorney Rolfe if he could prepare a written opinion for the upcoming ZBA scheduled for March 10, 2009, since he is unable to attend.

It was also recommended that the ZBA members and Planning Commission members attend each other’s meetings.

Ed Haberle made a motion to adjourn at 10:30 p.m. Mike Henderson seconded and the motion was carried unanimously.

The next regular Planning Commission Meeting is scheduled for May 19, 2009 at 7:30 p.m.

Respectfully submitted,

____________________________

Chairman Gary Miller

Brenda Brock,

Recording Secretary