BERRIEN TOWNSHIP PLANNING COMMISSION

MEETING MINUTES FOR

December 14, 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 Monday, December 14, 2009 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, Dave Riedlinger, Robert Norris and Ross Rogien.

Members Absent:  Chairman Dale Sherwood and Ed Kerlikowske Jr. 

Berrien Township Board of Trustees:  Paul Bixby, Paul Sprung, Harold Bishop and Ross Rogien.

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

NEXT MEETING

The next meeting is set for Monday, January 18, 2009 at 7:00 p.m. 

MINUTES

Motion by Robert Norris, supported by Dave Riedlinger, to approve the minutes from the November 16, 2009 meeting.  All ayes, none opposed.   Motion carried.

BUILDING PERMITS

The Building Permit Report along with the Electrical Permit Report was available for review.  In November; 10 Building Permits were issued $310,151.00 with fees of $374.60 and 2 Electrical Permits were issued $5,389.00 with fees collected of $416.00. 

NEW BUSINESS

None to report.

OLD BUSINESS

Proposed Zoning Ordinance:  Discussion began on the Zoning Ordinance.

Article Twelve - Administration

300.1200  Zoning Administration

The Public Acts were updated to reflect the current Michigan Planning Enabling Act.

300.1203  Site Plan Review

E.  Special Studies or Research

Environmental Assessment, Traffic Impact Study, and Market Study were reviewed. 

Specific standards were added for studies and research.  All must be conducted by a credited professional.

G.  Review Criteria.

      7.  Change from “Township’s Development Plan” to “”Township Master Plan”.

I.   A time limit of one year was set for an “extension” granted to a Site Plan, to be issued by the Zoning Administrator.

Special Land Use Requirements  There was discussion as to whether or not a Special Use should expire when property is sold or if the Use is discontinued.  The Special Use currently stays with the land it was issued on regardless of the current owner. Mike Clark stated that he would check to see if any stipulations could be added to review a Special Use such as; statute of limitations, etc.  A 5 year time limit for review was suggested.  Mike Clark will report back to the board.

300.1204  Zoning Board of Appeals

C. Procedures.

    1. Adoption of proceedings. 

            Public Acts were changed to reflect updates.

     2. Written requests.

            “All applications or petitions for variance or appeal”.  Omit all other requests to reflect   that the Zoning Board of Appeals will handle strictly variances and appeals. 

300.1205  Variance Standards

This section was added to the Ordinance.

Article Thirteen - Violations and Enforcement

300.1301  Penalty for Violation.

Civil infraction replaces misdemeanor.  It was discussed that if there was “demonstrative progress” being made to correct the violation, the 14 days may be extended by the staff member issuing violation.  Violation notice process was also reviewed.

Article Fourteen - Amendments

300.1402    Conditional Rezoning:

The “Conditional Rezoning” section was added to reflect Section 405 of the Michigan Zoning Enabling Act.

Article Fifteen - Savings and Repealer

300.1504    Repeal of Prior Ordinance.

“March 16, 1981” was added and “January 23, 1968” was omitted to reflect the change in the Ordinance to be repealed.

Mike Clark informed the board that a new updated copy of the Berrien Township Zoning Ordinance will be available for review at the January 2010 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

Ross Rogien stated that he feels there should be a complete index to be able to understand and locate specific items within the Zoning Ordinance.   Mike Clark said this could be done.

ADJOURNMENT

Motion by David Reidlinger, supported by Ross Rogien, to adjourn meeting.  All ayes, none opposed.   Motion carried.  The meeting adjourned at 8:17 p.m.

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

_______________________________________

Doug Shelton, Planning Commission - Secretary