Ensley Township in Newaygo County MI

Planning Commission

May Minutes

Ensley Township Planning Commission Meeting Minutes

May 22, 2006

Members Present:        

Phil Starr

Keith Bouwkamp

Matthew Bonzo

John Vander Meulen

Louise Yowtz

Members Absent:

Ralph Palmer

Ronald Bell

Guests Present:

Robert Hall, Zoning Administrator

Steve Boluyt, Building Inspector

Sarah O'Donnell, Planner with LSL Planning, Inc

Public:

Several citizens

Meeting:

            Meeting was called to order at 8:02 by Starr.  Pledge of Allegiance was recited.

Starr presented the agenda.  Bouwkamp made a motion to approve the agenda, Bonzo seconded.  Motion approved.

Unapproved meeting minutes of April 24, 2006

Minutes of April 24, 2006 meeting were read.  Changes made included correcting the spelling of Louise’s name and adding the phrase “Planning Commission hold a public hearing at the June meeting . . .” to the motion for site condo’s under New business.

Motion made (Bouwkamp) and supported (Bonzo) to approve minutes of April 24, 2006 meeting with the changes indicated.

New Business

Public Hearing for Site Land Use Permit request by Robert Johnson

Motion was made by Vander Meulen to open the public hearing for the special land use permit for a private road requested by Robert Johnson.  Bouwkamp seconded. Motion approved.

Zoning administrator Robert Hall made a presentation concerning the special land use permit request.  Mr. Hall saw no reason for the planning commission to deny Mr. Johnson's request.

Mr. Johnson explained that he wanted to sell all of the land. He had reviewed the preliminary plans with Max Evans and Mr. Hall and realized he would need private roads for the land splits he was proposing. Mr. Johnson believes that he needs more parcels in order to entice more bidders to his land auction.  The land auction is scheduled for June 21, 2006.  Mr. Johnson explained that if he has more than one or two buyers of the lots, the roads will be needed.  The sale of the land will be contingent on receiving the permit for the special land use and the permits for the private road construction.

Brian Hart explained that because his property was next to the proposed private road off from Elm Avenue he wanted a berm put on the north side of the road for about the first 80 feet, to keep a buffer between his property and the road, as his house is only 30 feet off the lot line.

Tim Newton explained that the road off from 136th Street would also be only about 30 feet from his house.  Mr. Newton felt that the proposed splits of the surrounding property were too many.  He was concerned about the effect on his privacy and the safety of his family. 

Dan Simon explained that his house is located just east of the lot on 136^th Avenue.  He is concerned about future growth in the Township and questioned whether there is a plan for the future growth.  Planning commission members explained to Mr. Simon that indeed there was a master plan that was in the process of being revised. He was encouraged to participate in the survey for that master plan and to attend future meetings for the planning commission.

Brian Abbott explained that splits of property surrounding his property have resulted in used double wide mobile homes being put on the properties resulting in a decrease of his property value.  He was concerned about how long that type of activity would be allowed to continue.

Mr. Johnson explained that each road would cost between $18,000 and $20,000.

Mr. Hart wondered if the road needed to be blacktop.  Mr. Johnson explained because the road only served 5 parcels no blacktop was required.  Mr. Hart would like to know what they're calling splits, how many times splits will be allowed, and how often.

Jason Moody was concerned about the number of splits being allowed and the number of driveways being allowed. He was not happy with the process.

Gilbert Scott was concerned about the rate of growth in Ensley Township and feels they're too many people moving into the Township.

Vernon White was concerned about the frontage allowed on the lots that were located on the cul-de-sac.

Vander Meulen moved to close the public hearing supported by Bouwkamp.  Motion approved.

The planning commission discussed the application of the review standards found at 3.27 E (2) (a-d) as well as the standards of 13.02 (a –g), to the special land use permit request. The commission was concerned that because the private roads will be located close to Mr. Newton's and Mr. Hart's homes, the roads could create conditions that would not be in compliance with section 13.02 (c) and 3.27 E (2) (c).  The discussion was held concerning the construction of a berm that could address that noncompliance issue and the moving of the road located under 136th Street.

Yowtz moved and Bouwkamp supported the following motion:

            The planning commission recommends to the Township Board approval of the special land use permit for the private roads proposed by Mr. Johnson with the following conditions.  For the road off from Elm Avenue a berm will be constructed and landscaped on the North side of the private road, from the clear line vision of Elm Avenue back 100 feet along the private road and should be adequate to address visual and privacy screening purposes as well as to act as the safety barricade.  The berm should be at least four feet tall with a row of shrubs and a row of evergreens.  The private road off from 136 Street will be moved to the east side of parcel A as diagrammed on the attached drawing.

In a row call vote Vander Meulen, Starr, Bouwkamp and Yowtz voted Aye.  Bonzo abstained.  Motion approved.

            Sarah O'Donnell, LSL Planning, Inc.

Ms. O'Donnell was asked to attend the planning commission meeting to discuss the Open Space Act language proposed by her organization.  It was discovered that the Township ordinances already include Open Space Act language.

Moved by Vander Meulen and supported by Bouwkamp that Ms. O'Donnell compare her proposed language with our current language to see if we can improve the current Open Space Act ordinance.  Motion approved.

Ms. O'Donnell also shared changes required by the MZEA to all Michigan township ordinances.  Because these changes are required by Michigan law, Ms. O'Donnell will check to see if the planning commission has to have a public hearing to make the required changes or if the changes can be made unilaterally by the Township Board.

Section 3.14, Home Occupation presentation by Robert Hall, Zoning Administrator

Mr. Hall presented information concerning the Home Occupation ordinance of Ensley Township as compared to Winfield Township.  He also discussed home occupation vs. home-based business.  Ms. O'Donnell also shared language that could be used for consideration.

Yowtz moved and Bouwkamp supported the tabling of this topic until our next meeting.  Motion approved.

Visitor Mike Poel inquiry.

Mr. Poel asked about the overhang requirements; why it was necessary and if it would be changed? He explained that he was moving his single wide mobile home from one lot to another and found that he would need to spend $3000 to add the overhang as now required under the ordinances.  The planning commission explained to Mr. Poel that it didn't known when the topic would be addressed and that it would be least a couple of months.  Mr. Poel also asked how often could land be split.   Mr. Hall referred Mr. Poel to the Township Assessor.

 Reports

A.     Township Representative

Mr. Vander Meulen referred the planning commission to the Township Board meeting minutes and asked if there were questions concerning the meeting minutes.  No question were posed.

Vander Meulen reported that there is still has been no progress on the master plan survey.

            B.  Zoning Administrator

Mr. Hall shared information received from attorney Cliff Blum concerning a training session on the MZEA.

Mr. Hall reported that there were 17 possible violations of the zoning ordinance since our last meeting.  He has conducted 12 inspections.  He has purchased a new camera and continues to follow up on permit requests.  He also reported that the overhang of the dwelling located on 22nd and Cottonwood is in compliance.

B.     Information and Inquiry

Phil Starr shared information he received at the educational session at the Shack regarding green space and the Land Preservation Act.

Mr. Johnson asked if he decided not to split the land on 136th Street as proposed and just did regular division of property, would he still need a private road?  The planning commission explained to Mr. Johnson that he would not need a private road.

  Old Business

A.     Eave Overhang on Homes and Mobiles

Tabled until the next meeting.

Motion made by Bouwkamp and supported by Bonzo to adjourn at 11:00 PM. Motion Approved.

Respectfully submitted,

Louise S. Yowtz

Acting Secretary

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