BERRIEN TOWNSHIP PLANNING COMMISSION

MEETING MINUTES

Monday, February 22, 2010

The Berrien Township Planning Commission met with the Berrien Township Board of Trustees at the Berrien Township Hall to continue working on the Zoning Ordinance.

CALL TO ORDER

The Berrien Township Planning Commission met on Monday, February 22, 2010 at 7:00 p.m.

for a regular meeting.  Vice-Chairman Ron Harner called the meeting to order and opened with

the Pledge of Allegiance to the American flag.

ROLL CALL

Planning Commission Members Present:  Vice-Chairman Ron Harner, Secretary Doug Shelton, Karen O’Dell, Robert Norris and Ross Rogien.

Members Absent:  Chairman Dale Sherwood and Dave Riedlinger. 

Berrien Township Board of Trustees:  Paul Bixby, Mary Jane Dean, Paul Sprung, Harold Bishop, Julie Burke and Ross Rogien.

Others Present:  Mike Clark with Williams & Works and recording secretary Rebecca Downey.

NEXT MEETING

The next meeting is set for Monday, March 15, 2010 at 7:00 p.m. 

MINUTES

Motion by Robert Norris, supported by Ross Rogien, to approve the minutes from the January 18, 2010 meeting.  All ayes, none opposed.   Motion carried.

BUILDING PERMITS

The Building Permit Report along with the Electrical Permit Report was presented by Vice-Chairman Harner.  In January there were no Building Permits issued. 

Two (2) Electrical Permits were issued with fees collected of $116.00. 

OLD BUSINESS

Proposed Zoning Ordinance:  Discussion began on the Zoning Ordinance.

Special Land Use Requirements   Previously there was discussion as to whether or not a Special Use should expire when property is sold or if the intent of the Special Use is discontinued.  A Special Use currently stays with the land regardless of the owner. Mike Clark informed the board that he had researched the issue and in most cases the Special Use indefinitely stays with the land, unless it is replaced with a new use.  A land owner could request to have a Special Use rescinded, but the township cannot remove a Special Use.

Mike Clark also suggested the possibility of creating a Zoning Business License.  This would allow the township to set up regulatory behavior for any business within Berrien Township. 

Ross Rogien suggested having a contract between the township and the party requesting the Special Use.  The contract could dissolve the Special Use in the case the business or land was sold.  It was also suggested that it could include the statement that “if the use was discontinued for a period of 36 months, it would be considered void and to reinstate the use would require re-application”.  This would eliminate a Special Use staying with the land even with the property is sold.  It would not be contingent to a Special Use being granted, but could be presented to each applicant.

It was also suggested to create a form to send out to each business within the township to review the status of the Special Use.  This would keep the township up-to-date on the status and activity of each Special Use within Berrien Township.

Planned Unit Development 

Ron Harner informed the board that the project presented last month by Mr. Cripps is no longer an issue for the Planning Commission.  The original P.U.D. had never been filed at the County Courthouse; therefore, he will have to start over with the entire P.U.D. process.

Mike Clark answered questions concerning incomplete P.U.D.s within the township.  He stated that until finalized the P.U.D. falls under the provisions of the old ordinance.  Any modifications or time extensions granted by the Planning Commission would have to follow the new ordinance.

Temporary Dwellings (mobile homes)

There was discussion on mobile homes on private property within the township.  To have a mobile home a medical hardship case along with a doctor’s verification is required.  A sample from the Bainbridge Township Ordinance was provided for review.   It was suggested to have a yearly renewal/review on each case within the township.  Mike will add this to the ordinance and bring a sample for the Planning Commission to approve.

Zoning Ordinance

Mike Clark informed the board that a updated copy of the Berrien Township Zoning Ordinance will be available for review at the next Planning Commission meeting.  The next steps would be:

• Review by the Planning Commission
• Review by Berrien Township attorney
• Public Hearing, which will be posted and published
• Berrien County review
• Township Board of Trustees for final approval

There was discussion to the necessity of having an attorney review the Ordinance.  Mike Clark stated he would strongly encourage that this be done.

NEW BUSINESS

2010 – 2011 Meeting Dates: 

The meeting dates were reviewed by the members of the Planning Commission.  It was decided to change the August meeting date from Monday, August 16^th to Monday, August 23^rd. 

ADJOURNMENT

Motion by Doug Shelton, supported by Karen O’Dell, to adjourn meeting.  All ayes, none opposed.   Motion carried.  The meeting adjourned at 8:11 p.m.

Minutes as recorded by Rebecca Downey, Planning Commission Recording Secretary and approved by:

_______________________________________

Doug Shelton, Planning Commission - Secretary