EATON COUNTY PLANNING COMMISSION MEETING June 12, 2018

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1 EATON COUNTY PLANNING COMMISSION MEETING June 12, 2018 Call to Order: Pledge: Roll Call: Agenda Approval: Public Comments: Brian Ross, Chair of the Eaton County Planning Commission, called the meeting to order at 7:00 p.m. in the Board of Commissioners Room, Eaton County Courthouse, 1045 Independence Blvd., Charlotte, MI. The Pledge of Allegiance was given by all. Brian Ross, Ben Tirrell, Barbara Rogers, Tim Cattron, John Little, Jeana Rohrs and Jack Owens Absent: Christine Barnes and Tammy Halsey Staff Present: Claudine Williams and Brandy Hatt A motion was made by Commissioner Tirrell to approve the agenda for the June 12, 2018 meeting. Commissioner Owens supported. none CU : Request by Douglas Reaves and Russell Thorn for a Change of Conditions to an existing Conditional Use Permit to operate a Golf Course and Construction Contractors Establishment and Storage of Heavy Equipment business (R&D Landscaping) per Sections and of the Ordinance at 194 S. Michigan Road, Section 14, Eaton Rapids Township to construct a new building to be used for salt storage. Staff Report: Ms. Williams read the staff report and Vicinity Member Barbara Rogers s response into record. Applicant Statement: Mr. Douglas Reaves stated he would like to construct a 40 x 60 salt bunker to be located to the north of the existing barns. He stated they have planted several pine trees in the area to act as a buffer. Mr. Reaves explained the building will be a hoop house type structure which will be green in color and match all of the other buildings. Speakers in favor: Mr. Scott Wilson, Eaton Rapids Township Supervisor, stated the Eaton Rapids Township Board is in favor of the request. He added there is a salt bunker located on the corner of Petrieville and M-99 not far from this location. Mr. Wilson stated the building as proposed will be green in color to match existing buildings and will not block the views of others. Speakers in opposition: None Public hearing closed: 7:07 p.m. Commissioner Rogers stated she visited the site; the proposed building will fit in with the existing structures and no one will ever know it is there. She stated the property is neat, clean and in order. Commissioner Rogers moved to approve CU (Douglas Reaves and Russell Thorn) for a Change of Conditions to an existing Conditional Use Permit to operate a Golf Course and Construction Contractors Establishment and Storage of Heavy Equipment business (R&D Landscaping) per Sections and of the Ordinance at 194 S. Michigan Road, Section 14, Eaton Rapids Township to construct a new building to be used for salt storage. 1

2 Commissioner Owens supported. A roll call was taken with seven (7) voting aye and none (0) voting nay. CU : Request by Marvin and Ida Hochstetler for a Conditional Use Permit to operate a Home Business (welding fabrication and repair) per Section of the Ordinance at 4387 W. Vermontville Highway, Section 29, Chester Township. Applicant Statement: Mr. Marvin Hochstetler stated he would like to get his home business going. He said he enjoys the work and likes that it is something he can do at home. Mr. Hochstetler stated he does not anticipate any changes to the building and everything for the business will be stored inside. Commissioner Owens asked Mr. Hochstetler what type of machinery will be used for the fabrication. Mr. Hochstetler stated he has a welder and a bench; he will not use punch presses. Public hearing closed: 7:15 p.m. Commissioner Owens asked Commissioner Ross if he could ask the applicant an additional question. Commissioner Ross said yes. Commissioner Owens asked Mr. Hochstetler if he will have a dust collector for the business. Mr. Hochstetler said he will not have one at this time, as there really is not much dust produced from his work. Commissioner Owens stated sometimes they are used for the smoke. Mr. Hochstetler stated if he sees a need he may install an air filtration system in the future. Commissioner Tirrell moved to approve CU Request by Marvin and Ida Hochstetler for a Conditional Use Permit to operate a Home Business (welding fabrication and repair) per Section of the Ordinance at 4387 W. Vermontville Highway, Section 29, Chester Township. limited to: Eaton County Road Commission, Chester Township, Barry-Eaton District Health 2. This Conditional Use Permit is granted to Marvin and Ida Hochstetler for above described use only. It is not transferable per the Zoning Ordinance. Commissioner Cattron supported. A roll call was taken with seven (7) voting aye and none (0) voting nay. CU : Request by Consumers Energy for Conditional Use Permit to operate Construction Contractors Establishment and Storage of Heavy Equipment (storage only) per Section of the Ordinance at 6578 W. Butterfield Highway, Section 25, Bellevue Township. 2

3 Applicant Statement: Ms. Courtney Killeen, Mr. Aaron Fisk and Mr. Mike Rogers of Consumers Energy offered to answer any questions the Planning Commission may have. Ms. Courtney Killeen stated the staff report outlined their request. Public hearing closed: 7:23 p.m. Commissioner Rogers moved to approve CU Request by Consumers Energy for Conditional Use Permit to operate Construction Contractors Establishment and Storage of Heavy Equipment (storage only) per Section of the Ordinance at 6578 W. Butterfield Highway, Section 25, Bellevue Township. limited to: Eaton County Road Commission, Bellevue Township, Barry-Eaton District Health 2. This Conditional Use Permit is granted to Consumers Energy for above described use only. It is not transferable per the Zoning Ordinance. Commissioner Owens supported. Commissioner Cattron asked if the request from Bellevue Township regarding sending the site plan to the fire department should be addressed in the motion. Ms. Williams stated the Planning Commission could amend the motion to require the site plan be submitted to the fire department or staff could send the site plan to the fire department. Ms. Hatt noted the fire department should have received the site plan as part of the site plan review process and did not respond. A roll call was taken with seven (7) voting aye and none (0) voting nay. CU : Request by Gary and Virginia Gillean for a Change of Conditions to an existing Conditional Use Permit to operate a Commercial Recreation Facility (seasonal rental of farm venue) as defined in Section C. of the Ordinance at 2224 S. Canal Road, Section 27, Eaton Rapids Township to change the location and size of the proposed building to be constructed for the business. Applicant Statement: Mrs. Virginia Gillean stated their reason for moving the barn is to make it more cohesive to the area. She stated the new proposed location tucks the building behind their house and existing buildings which will act as a buffer. She stated they are requesting to increase the size of the building to allow for ADA compliant restrooms; the occupancy of the building will remain under onehundred people. Ms. Gillean said they are also proposing to use tents in case of rain for outdoor events. Mr. Gary Gillean explained they are also moving the location of the building due to the location of the septic system. Commissioner Owens stated looking at the aerial photo the existing barn appears to be located close to the property line. Mr. Gillean stated the existing barn is located ten feet from the property line. Commissioner Owens stated the previously approved location seemed to be more centrally located on the property. Mrs. Gillean stated the building to be used for the business has not been constructed yet; she stated the new proposed location is behind their home and buffered by trees, buildings and 3

4 lilac trees. Commissioner Owens asked Mr. and Mrs. Gillean if they are having problems with the neighbor due to the location of the building. Mrs. Gillean said no; she stated there were concerns made by the neighbor at the last meeting. She stated the new proposed location of the barn is the best location. Commissioner Cattron stated when he visited the site, the location of the driveway, proposed building and handicap parking was not clear to him; he asked if the handicap parking spaces would be located in front of the building; if so, how will people get there. Mrs. Gillean stated she submitted a new parking plan which shows the location the building, parking, handicap parking and drive to get to the handicap parking spaces. Speakers in favor: Mr. Scott Wilson, Eaton Rapids Township Supervisor, stated he is familiar with the site and has spoken with the excavation contractor who also recommended the building be relocated to the now proposed site. Mr. Wilson stated the Eaton Rapids Township Board is in favor of the Change of Conditions including the new location and building size. Speakers in opposition: Ms. Judith Bennett, 2213 Canal Road, stated she lives across the street; her biggest concern is the location of the barn. She stated she was informed they are moving the barn due to potential noise, but she believes this could increase the noise level. Ms. Bennett stated the driveway is located directly across the street from her house and the noise and lights will affect her. She said her biggest concern is non-compliant people; people who do not want to follow the rules for parking, trespassing and trash. Ms. Bennett stated the applicants submitted an application to Oneida Township two years ago for the same use; this is a reminder to the applicants that she is one of eight people who have addressed concerns related to the business. She stated she received a note from Mr. and Mrs. Gillean offering to have a meeting with her. She said she believes they are good people who wish to be good neighbors. She stated she looks forward to see how they operate the business and she does not have a desire to be a wet blanket, but she wants to protect her quality of life. Public hearing closed: 7:41 p.m. Commissioner Cattron stated he visited the site; moving the barn is a good idea. Commissioner Tirrell stated in the past the Planning Commission has talked about fences; he asked if a fence should be installed along the road. Commissioner Owens asked if the purpose of a fence is to keep people off from Canal Road. Commissioner Tirrell said yes. Mr. Gillean asked if he could speak. Commissioner Ross said yes. Mr. Gillean stated his entire property is already fenced. He stated he could add a gate at the driveway, but he would prefer not to. Commissioner Cattron moved to approve CU Request by Gary and Virginia Gillean for a Change of Conditions to an existing Conditional Use Permit to operate a Commercial Recreation Facility (seasonal rental of farm venue) as defined in Section C. of the Ordinance at 2224 S. Canal Road, Section 27, Eaton Rapids Township to change the location and size of the proposed building to be constructed for the business. limited to: Eaton County Road Commission, Eaton Rapids Township, Barry-Eaton District Health Department, Eaton County Construction Code Department, Eaton County Central Dispatch, Eaton County Drain Commissioner and Michigan Department of Environmental Quality. 2. This Conditional Use Permit is granted to Gary and Virginia Gillean for above described use only. It is not transferable per the Zoning Ordinance. 4

5 Commissioner Tirrell supported. A roll call was taken with seven (7) voting aye and none (0) voting nay. CU : Request by Darrell Vanderstelt for a Conditional Use Permit to operate an Open Air Storage (continued operation of Ball Septic Tank Service) per Section of the Ordinance at 2910 Hubbard Road (parcels & ), Section 34, Chester Township. Staff Report: Ms. Williams read the staff report and Site Plan Review response from Eaton County Construction Codes Department into record. Applicant Statement: Mr. Darrell Vanderstelt stated he is in the process of purchasing Ball Septic. He stated he will continue to operate the business in the same manner as the current owner. Public hearing closed: 7:52 p.m. Commissioner Owens moved to approve CU Request by Darrell Vanderstelt for a Conditional Use Permit to operate an Open Air Storage (continued operation of Ball Septic Tank Service) per Section of the Ordinance at 2910 Hubbard Road (parcels & , Section 34, Chester Township. limited to: Eaton County Road Commission, Chester Township, Barry-Eaton District Health 2. This Conditional Use Permit is granted to Darrell Vanderstelt for above described use only. It is not transferable per the Zoning Ordinance. Commissioner Tirrell supported. A roll call was taken with seven (7) voting aye and none (0) voting nay. Other Business: None Reports: Ms. Williams informed the Planning Commission DCA and DCA are on the Public Works and Planning Committee Agenda for tomorrows meeting. Public Comment: None Upcoming Cases: Ms. Williams informed the Planning Commission they have four applications to be heard at the July 10 th Planning Commission meeting. A motion was made by Commissioner Owens to adjourn the meeting. Commissioner Rogers supported. The meeting adjourned at 7:54 p.m. 5