BERRIEN TOWNSHIP PLANNING COMMISSION

MEETING MINUTES FOR

September 21, 2009

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 September 21, 2009 at 7:00 p.m. for a regular meeting.  Chairman Dale Sherwood called the meeting to order and opened with the pledge to the flag.

ROLL CALL

Planning Commission Members Present:  Chairman Dale Sherwood, Vice-Chairman Ron Harner, Secretary Doug Shelton, Dave Riedlinger, Robert Norris and Ross Rogien.

Members Absent:  Ed Kerlikowske Jr. 

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

Others Present:  Jim Hoover, Mike Clark with Williams and Works, and recording secretary Rebecca Downey.

NEXT MEETING

The next meeting is set for Monday, October 19, 2009 at 7:00 p.m. 

MINUTES

Motion by Dave Riedlinger, supported by Ron Harner, to approve the minutes from the  August 24, 2009 meeting.  All ayes, none opposed.   Motion carried.

BUILDING PERMITS

Jim Hoover presented the Building Permit Report. There was 1 Electrical Permits issued - $336.00 and 8 Building Permits issued - $263,000.00. 

NEW BUSINESS

Morris Chapel Church -  Chairman Dale Sherwood questioned Building Inspector Jim Hoover in regards to the new sign in front of Morris Chapel Church.  Discussion took place regarding the size of the current sign compared to the old sign.  Mr. Sherwood expressed his opinion that he feels the new sign creates a visibility problem.

Range Line Estates - Clerk Mary Jane Dean stated that the board had received a letter and petition signed by the residents of Range Line Estates concerning lawn upkeep in their subdivision.  Also included with the petition was the Subdivision Covenant.  The residents would like the Planning Commission to consider adopting an ordinance to enforce lawn upkeep.  Homes in the subdivision that have gone into bank foreclosure have shown a lack of lawn maintenance.  There was discussion as to a solution. 

Motion by Ross Rogien, supported by Robert Norris, to send a letter in response stating that the subdivision should handle the situation according to provisions in the Subdivision Covenant.  All ayes, none opposed.   Motion carried.

 
OLD BUSINESS

Private Cemetery Request – Mike Clark reported on Cemetery Regulations in regard to the request by Larry Overton on having a private cemetery on his property located on

M-140.  He stated that Cemetery Regulation Act 251 of 1968 requires a $1500 fee for the state application. A Trust of at least $50,000 would need to be established for the cemetery before any lots could be sold.  It also would require 15% of all proceeds be deposited in the trust for the perpetual care of the cemetery. A $20 minimum charge is required for each site sold.  Mike will forward a copy of Act 251 to the township. 

PROPOSED ZONING ORDINANCE

Discussion began on the Zoning Ordinace:

300.1127 Hotel and Motel:

B. # 2   Add: or a private system that will require approval from the Berrien County Health Department.  A private system will also require a bond to Berrien Township based on 5% of the total cost of the system.

300.1128 Junk Yard:

B. Omit:  “in addition to the provisions of Section 8.05 [300.135]:”

300.1129 Kennels:

A.   Add:  “commercial” before breeding.  Change: “boarding and training” in place of the word otherwise. 

B.  Conditions and Regulations:  Add: Require a landscape buffer such as an evergreen with a minimum height and width of 6 feet be located between the proposed use and adjacent property to minimize sound. 

300.1131 Lodging Houses:

B. # 2   Add:  or a private system that will require approval from the Berrien County Health Department. 

300.1132 Parking Lots:

B. #1  Add:  gravel or other hard surface as determined by the Berrien Township Planning Commission.

300.1134 Planned Unit Development:

A.  Change:   Modification and departures of the Private Road “must meet the general specifications for road construction as required by The Berrien County Road Commission.”

B. #1  Change:  from “5” acres to “10” acres.

G.  Performance Guarantee:  Change: the word “empowered” to “shall require” change: “letter of credit, cash or certified check” to “bond or escrow”.

I.  Discussion over what constitutes physical development.  Clarified by Mike Clark.

300.1139 Refinery:

Regulations for a winery will be presented by Mike Clark for additional discussion.  There will be a difference between “wine distribution” and “wine tasting” facilities.

ADJOURNMENT

Motion by Ross Rogien, supported by Doug Shelton, to adjourn meeting.  All ayes, none opposed.   Motion carried.  The meeting adjourned at 9:00 p.m.

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

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Doug Shelton, Planning Commission - Secretary