Ensley Township in Newaygo County MI

Planning Commission

May Minutes

Ensley Township Planning Commission

May 24, 2010 

Members Present: John Vander Meulen, Matt Bonzo, Janet Dravk, Ross Harwood, Ralph Palmer, Keith Bouwkamp,

Cynthia Dubay

Guests: ZA, Doug Verduin

Public: Eight members

Meeting:

            A         Pledge of Allegiance

                        Meeting was called to order at 7:32 by Matt Bonzo.  Pledge of Allegiance was cited.

B.                 Roll Call

All present.  Matt introduced Cindy Dubay to the PC as a new member to replace Robert Buckowing.

C.                 Approval of Agenda

Motion made (Bouwkamp) and supported (Palmer) to move the new business ahead of the old business.  Motion Carried.  Motion made (Bonzo) and support (Dravk) to revisit the bylaws on page 5 concerning conflict of interest, investigating an orientation training program for new PC and ZBA members and to revisit the commercial rezoning and special land uses ordinance. Motion carried.

D.                 Approval of Minutes for April 26th, ‘10

The review of the April 26^th minutes is postponed until next month.

Reports

A.                 Correspondence Received

Chapter 9 NC Neighborhood Commercial District, section 9.01 from the Solon Township Zoning Ordinance

Draft of an ordinance to amend sections 3.19, 5.01, and 6.01 of the Ensley Township Zoning Ordinance, as amended regarding certain government uses and buildings

B.                 Township Representative

John Vander Meulen gave cursory update of the Township Boards last meeting to the Planning Commission.

C.                 Information and Inquiry Including Public Comment

Phil Star delivered a massage from Robert Buckowing and that the Township received his letter of resignation

D.                 Zoning Administrator

The temporary ZA, Doug Verduin explained that there are several properties that the township is looking to work with/clean up.  His hours will be the same as the posted hours

Old Business

A.                 Zoning Ordinance Amendment Request – Request for Zoning Ordinance Amendment

            Dropped/Not considered in this meeting

B.                 Commercial Rezoning Consideration

Dropped/Not considered in this meeting

Motion made (Bouwkamp) and supported (Harwood) to close the meeting and begin Public Hearing #1. All Ayes, Motion Carried

New Business

A.                 Public Hearing #1: The Planning Commission will be considering amendatory language to the zoning ordinance concerning governmental lands, structures, buildings, facilities, uses and activities within the township.

Vander Meulen gave an overview of the draft of the ordinance to amend sections 3.19, 5.01, and 6.01 of the Ensley Township Zoning Ordinance, as amended regarding certain government uses and buildings to all present.

Public asked the PC to clarify the reasoning behind the proposal to make a change to the ordinance.  Answer given was that the current ordinance does not allow the township to build on its own land.

A member of the public gave an example that the township is not allowed to make a pavilion at the nature preserve as it stands now.

Motion made (Vander Meulen) and supported (Bouwkamp) to close Public Hearing #1. All Ayes, Motion Carried

Motion made (Bouwkamp) and supported (Palmer) to pass the draft ordinance on to the Township board as written in the 5/11/10 draft

Motion made (Draviik) and supported (Bouwkamp) to close the meeting and begin Public Hearing #1. All Ayes, Motion Carried

B.                 Public Hearing 2: The Planning Commission will be considering the rezoning of particular land(s) currently in the A-R (Agricultural Residential) district to C (Commercial) district designation.

Bonzo and Verduin gave an overview of the background for the proposed rezoning.  Verduin proposed that the document “Chapter 9 NC Neighborhood Commercial District, section 9.01 from the Solon Township Zoning Ordinance” be considered for this issue.  Time to consider this new document was offered by the PC president as an issue as owners of the parcels in question have been waiting for clarification.  Public desiring to open coffee/ice cream shop at corner of Cypress and 120^th pointed out that half of season is already lost. 

Public pointed out that the current ordinance for commercial zoning requirements would not allow the specific property to meet these requirements.  PC president clarified that the issue at hand is the rezoning of the stated properties to commercial and that the PC had no authority to “grant” variances.  Discussion about the rational of this took place with many comments from the public that PC/Township could be more helpful and that changing the zoning of the parcels in question to commercial without telling the owners if their proposed business would be granted a variance from the exiting zoning requirements and thus be allowed, is not helpful and frustrating that their local government could act so.   PC President explained that the issue at hand or purpose of the Public hearing was the consideration of rezoning the parcels in question and that the PC could not grant variances.  Public offered that PC could hold more than one meeting a month to be more responsive to the public. One member of public pointed out that if any special meeting were to be held, the benefactor of that meeting is to pay costs for additional meetings. Public mentioned that the timing sited should not force a premature decision.  Public voiced the concern that a sensible decision is more important than making a decision.

Public brought up that the proposal looks like “spot” zoning and that the new commercial zone should or could be enlarged to extend ¼ or ½ mile from corner of 120^th and Cypress in all directions.  Member of public at last PC meeting and PC president responded that the idea was to impact as few property owners as possible.

Public desiring to open new business stated that they just wanted to know what they are supposed to do to get an answer on the property/proposed business and that if the township is not going to allow this location, they will be back to the Township and propose a new location in the north of the township.

One member of public voiced that there are more than “just farmers” in the township and that all should be helped out by the township and PC in pursuit of making a living in the township.

The public voiced concern that the current ordinances are restricting current and proposed business opportunities in the township.  Public mentioned that the existing businesses should be helped out a bit more helpful or rezoned commercial.  

Public pointed out that the current business’s that are deemed to be “not in compliance” due to zoning made after they were established is restricting them from making improvements to their businesses and that this status is a real hindrance or potential value destroyer of their business if they were to choose to sell as a business as the township could at the time of ownership transfer, not allow the business to continue as it had under previous owner.

Motion made (Harwood) and supported (Dravik) to close Public Hearing #1. All Ayes, Motion Carried

Motion made (Bouwkamp) and supported (Dravik) to take a look and consider the document “Chapter 9 NC Neighborhood Commercial District, section 9.01 from the Solon Township Zoning Ordinance”. All Ayes, Motion Carried

Bylaws, Conflict of Interest

PC president through training with Ryan Coffey (Land Use Coordinator with Michigan State Extension) , that if a PC member announces a conflict of interest, the remaining PC members vote to affirm it.  If affirmed, than the person has an option to remain in public or to leave the building.  Coffee advises that the person should leave the building to eliminate any appearance of influencing improperly the PC.  John Vander Meulen pointed out that everyone has the right to stay in the audience.  PC president explained that it is Coffey’s opinion that a PC member should go above and beyond.  PC President will talk to MTA and get further opinion on the matter

Orientation and Training

New PC and ZBA members should have some training.  PC President Matt offered to get a list of possible training opportunities for class and web based instruction.

Rezoning of Commercial Properties

Dropped/Not considered in this meeting

Motion made by (Bouwkamp) and supported (Harwood) to adjourn at 8:55 PM.  Motion carried.

Sec.  Palmer

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