The Berrien Township Planning Commission met on April 20, 2009 at 7:00 p.m. at the township hall for a regular meeting.  Chairman Dale Sherwood called the meeting to order and opened the meeting with the pledge to the flag.

Roll call: Chairman Dale Sherwood, Vice-Chairman Ron Harner, Secretary Doug Shelton, Dave Riedlinger, Robert Norris, Ed Kerlikowske Jr., Ross Rogien - absent.  For the Berrien Township Board of Trustees; Paul Bixby, Mary Jane Dean, Paul Sprung, Julie Burke, Ross Rogien – absent, Harold Bishop, Kevin Klug.

Also attending was Jim Hoover; Mike Clark, with Williams and Works; and two residents.

The next meeting is set for May 18^th, 2009.  This will also be a joint meeting with the Township Board.

There was a motion to approve the minutes from March 16, 2009 by Ron Harner and supported by Dave Riedlinger.  All ayes, none opposed MOTION CARRIED.

Jim Hoover presented the building permit report. 

Beginning discussion on the proposed zoning ordinance, Mike Clark gave a recap of what has happened so far.  Mike explained that some changes had been made to the definitions for adult uses; however, the explicit language really is necessary for legal reasons.  If a board decision is ever challenged and the ordinance is not explicit the court will usually favor the petitioner.

Mike also pointed out that this ordinance has a different format from the township’s previous ordinance, and includes a table of special uses.

It was decided that the Commission/Board would go through the ordinance page by page and discuss any questions that may arise. 

Definitions:

Gasoline Station:  Decision to add “ON-SITE” consumption of food to the definition.

Home occupation: 

            Q:   Why are we allowing a home occupancy in the accessory building? 

A:  Because some people might use accessory buildings for a business like a woodshop, where they might sell what they make.

It was discussed that the term “gain” should be clarified and it was decided to change this to “financial gain”.

Kennel:  We will add “commercial” next to breeding and replace “otherwise” with “boarding and training”.  This will further differentiate between having household pets and a business.

Manufactured or modular housing:  this term is used to define dwellings with a chassis.  We need separate terms for “manufactured” dwellings that are moveable and ones that are not.  Currently homes with a chassis with or without wheels are considered a mobile home and can only be placed in a mobile home park.  However, “pre-fab” homes that are brought in on a truck, usually in pieces, and placed on a foundation can be placed anywhere not governed by a covenant.  Mike will investigate the current law to decide what the correct terms are. 

Plant nursery and greenhouse:  add “retail” with wholesale

Road, Private condominium:  Part of this definition states that new private roads must meet Berrien County standards for private roads.  It was mentioned that Berrien County does not have standards for private roads.  Therefore this has been changed to say that private roads must meet the general standards for road construction by Berrien County.

Road Side stand:  discussion that we have some road side stands that sell produce not grown on that property.  We will delete second part of sentence requiring that the produce must be grown on the property.

Road, Sight distance:  please re-word so we know what this means and what its use is.

Sawmill:  we need a definition for a portable sawmill for the purpose of harvesting timber onsite.

Setback –

Original: The minimum required distance between a structure, excluding steps and unenclosed porches, and a property line, measured perpendicular from the property line.

New:    The minimum required distance between a structure, including steps and porches, and a property line, measured perpendicular from the public road right of way.

Article Four

300.401 Accessory Buildings and Structures                                  

“In the R-1 district, the storage of not more than one (1) commercial vehicle is permitted in an accessory building.”  It was decided to delete this statement.

“In the R-1, and C districts, the total footprint of all accessory buildings on the lot shall not exceed the footprint of the Principal Structure.”  We would like to allow accessory buildings to exceed the total footprint of the principal building if there is enough land.  This statement will be re-worded.

Need to add to this section that there needs to be at least 10 feet between buildings

300.406 Fences:

            Delete - Fences regulated by this section shall be constructed to present the finished outside fence appearance to adjacent property and public right-of-ways …

            Add to height specifications that privacy fences are not to exceed three feet in the front, and chain link not to exceed 6 foot anywhere

            Add that buried electrical barriers are okay in any district.

At this point it was decided to pause and continue with the zoning ordinance at the next meeting.

NEW BUSINESS

Special Land Use request from Adventist Frontier Missions (former Pennellwood property).  The request is to use the property as a campus for AFM’s training facilities and central offices.  The plans include the construction of four Apartment Buildings with four units each; an office building; a six room hotel; and other accessory buildings. Question as to how many bedrooms the four-plexes will have.  Questions about sewer and drainage.  Wells are in place. Shelton would like minutes from Stacy’s public hearing in order to see what possible questions might come up.  Access roads are drawn on the site plan map. 

The Commission felt strongly that they needed to meet with AFM before the public Hearing.  It was requested that Jim get added information and find out if they want a special meeting April 27 or 28.  If so the public hearing will be set at that meeting, if not it will be set at the May meeting.

A motion to adjourn was made by Bob Norris and supported by Dave Riedlinger.  All ayes, none opposed, Motion Carried.  The meeting was adjourned at 8:40 p.m.

Minutes as recorded by Teri Jenks, Planning Commission Recording Secretary and approved by: