Ensley Township in Newaygo County MI

Planning Commission

July Minutes

Ensley Township Planning Commission

July 26, 2010 

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

Guests: ZA, Steve Boluyt

Public: 3 members present

Meeting:

            A         Pledge of Allegiance

                        Matt Bonzo called meeting to order at 7:30.  Pledge of Allegiance was cited.

B.                 Roll Call

All Present 

C.                 Approval of Agenda

Add discussion of secretarial duties to “Old Business”

Add check list for PC materials to “New Business”

Motion made (Dravk) and supported (Bouwkamp) to approve agenda with above changes; All Affirmed.

D.                 Approval of Minutes

a)      June 28th, 2010 Minutes: Motion by John Vander Meulen, Supported by Dubay to Approve June 28th 2010 PC minutes with the no changes; All Affirmed:

Reports:

A.                 Correspondence Received

a)      Letter from ZA dated 7/24/10 regarding “Woodard Coffee Shop” and issues to be considered with the requested rezoning of the property

b)      Correspondence regarding B&T Auto Sales

1.       Letter dated 9/20/05 from Ensley Township to the Michigan Department of State declining to make any formal declaration whether or not B&T Auto Sales is a lawful nonconforming site.

2.       Letter dated 6/10/10 from Ensley Township ZA to B&T Auto Sales stating the placing and selling of wood furnaces on property is a violation of the zoning ordinances and that B&T Auto Sales has seven days to stop or face a civil infraction ticket

3.       Letter dated 6/18/10 from Ensley Township ZA to B&T Auto Sales giving second warning for the placement and selling of wood furnaces on property and giving until June 29^th.

c)      Three proposals for planning services for the township;

1.       Mainstreet Planning Company

2.       Williams & Works

3.       LSL Planning, Inc    

B.                 Township Representative

John Vander Meulen gave the PC a cursory update of the Township Boards last meeting.

C.                 Information and Inquiry Including Public Comment

Members present voiced their various opinions regarding zoning parts of Ensley residential/neighborhood commercial or commercial.

D.                 Zoning Administrator

The ZA summarized his letter sent to the Planning Commission and voiced caution to all that the zoning classification of the Woodward property is not the only hurdle they are facing to place a Coffee Shop or Ice Cream on the property.    

Additionally, ZA addressed a letter from Cliff Bloom Township Attorney that the Planning Commission may want to consider an ordinance for the growing of medical marijuana in Township.

Old Business:

A.                 Neighborhood Commercial Rezoning

After much discussion, Matt Bonzo summarized that the Planning Commission has essentially only four options or paths to help the existing business with their status of non conformance and for future businesses such as the proposed Coffee Shop; do nothing (no an option), special land use, neighborhood commercial or commercial.  Additionally, the three proposals for planning services for the township were reviewed and discussed.  Mainstreet Planning was said to have the best proposal and presentation.  Public suggested that references be called.

Motion made (Palmer) to investigate with the Township Board to work with a selected planner on the feasibility of a neighborhood commercial district in Ensley Township and supported (Bouwkamp); all ayes supported.

B.                 PC Secretarial duties

            After discussion, the offer to have a non note during a public hearing by someone other than a PC member would be very helpful and appreciated.

New Business:

A.                 Subcommittees “Report” on informal meeting of July 13^th

B & T Auto Sales, Cooks Auto Body and Gould’s Mini Mart were present as were PC members Ralph Palmer, Janet Dravk, Keith Bouwkamp and Ross Hardwood as well as Township Board member Brenda Bird.  There was much discussion about the current status regarding running a business classified as “non conforming” and that these businesses predate the zoning and this should be given consideration by the township for them.   As this was an informal meeting nothing was decided but all agreed that the township should work with these businesses on their zoning status.   Some of the specific topics discussed and opinions voiced were;

·                     The businesses want the right to sell where the buyer would have the right to run whatever business they would choose to run, a suggestion was made to use Special Land Use as a method to bring them into compliance.

·                     Inquiries were made into how the Pilgrims Run was able to obtain a liquor license as quickly as they did and if there was not a double standard being applied in the township.

·                     The businesses understand that they are paying tax based on a “commercial” classification and wanted to understand how they then could be taxed in this manner but yet not be zoned commercial. 

·                     The businesses feel they the township is not being helpful to the point of giving them “the run around” with their issues.  The request for the rezoning of the residential property for a Coffee Shop or Ice Cream shop was cited as a good example.  It was noted that the T & B Auto Sales is and has been requesting what they need to do to make it work with the Township but can not get a straight answer from the Township.  

·                     If the proposed cite for the Coffee Shop in Ensley Center cannot work for the township, T&B will be requesting the use of some existing farm land owned elsewhere.

Relative to the taxation issues above, John Vander Meulen, Township Board representative said he would get an answer on this question.

B.                  Checklist of required documents needed by a PC Member

a)      Copy of ordinances

b)      Copy of Stand alone ordinance

c)      Copy of Master Plan

d)      By Laws of the Planning Commission

e)      Planning Guide book

Motion made by (Dravk) and supported (Bouwkamp) to adjourn at 8:50 PM.  Motion carried.

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