BINGHAM TOWNSHIP PLANNING COMMISSION Regular Meeting Minutes - September 7, 2017 1. Call meeting to order Mike Park, Chairman, called the Bingham Township Planning Commission Regular Meeting to order on Thursday, September 7, 2017, at 6:30 pm at the Bingham Township Hall, 7171 S. Center Hwy., Traverse City, MI. Roll call- Quorum Present Present: Mike Park, Cathy Jasinski, Dennis Grant, Charlie Dashner Absent and excused: Vacancy, Jeff Layman, Gary McGhee Vacancy: one Staff Present: Planner, Kathy Egan; Zoning Administrator, Steve Patmore 2 Agenda Approval - Consensus of the Commissioners to approve the Agenda as submitted. 3 Approval of Minutes August 3, 2017 Consensus to approve the August 3, 2017 Minutes as submitted. 4 Public Comment No public comment 5 Conflict of Interest None 6. Items for Consideration a. Public Hearing: Zoning Ordinance Amendment 17-001, Section 2.2 Definitions; Section 3.2 Map, and Sections 7.3 and 7.4 Commercial District Chairman Mike Park opened the public hearing on Zoning Ordinance Amendment 17-001, Section 2.2 Definitions; Section 3.2 Map, and Sections 7.3 and 7.4 Commercial District Kathy Egan addressed Zoning Ordinance Amendment 17-001. Under Section 2.2 Definitions added were contractor service, convalescent home, private wind turbine generator, production facility, short term rental, skilled trades, and warehouse. Under Section 3.2 the proposed zoning map of 9/2017 shows the proposed amendments to the commercial zoning district. Section 7.3 covers uses permitted by right in the commercial district, and Section 7.4 covers special uses allowed in the commercial district. The district boundaries are changed to follow lot lines instead of an arbitrary measurement 450 feet back from the center line of the road. Bingham Road is the only commercial area in the township where there can be growth. All property owners and adjacent property owners were invited to a public input session in May of 2016; input supported the idea to expand the uses while protecting the residential integrity of the area. Page 1 of 6
Public Comment Kathy Egan referred to e-mails from George Paolacci regarding Zoning Ordinance Amendment 17-001. The e-mails were reviewed by the Planning Commission and will be made a part of the record. George Paolacci was at the public hearing and asked questions about the rezoning. Steve Patmore said when a lot has two different zoning districts, the stricter rules apply. It is not a good idea to have a parcel with two zoning districts. Jeff Weymouth, S. Bingham Ridge Dr. asked about some of the uses for the commercial district such as windmill and turbine generators. Would a large type apartment complex be allowed? Kathy Egan said private windmill generators are allowed in the township with provisions for height. This would not include any commercial wind generators. Under special uses, multi-family would be allowed. Kathy Egan noted no new wind towers have been constructed in the township. Steve Patmore responded to George Paolacci s question and said windmills would not be superseded by association by-laws Jeff Sobeck said he is surrounded by commercial property and asked if the township has a junk ordinance. There should be some rules about junk because there are residential uses in the commercial area. Midge Werner, Township Supervisor, said the Township Board determined that it should not have a junk ordinance and is looking at some other avenues to address junk. Cathy Jasinski said the zoning ordinance has requirements for screening so that junk would not be seen. Depending on the size of the project, a special use permit may be required. Dave Monstrey asked if the lot coverage has changed in the commercial district. Kathy Egan said lot coverage in the commercial district is 25%. Chairman Park closed the public hearing and opened up discussion by the Planning Commission. The letter from Township Attorney Tom Grier was referred to regarding the rezoning of parcels along Bingham Road. Cathy Jasinski said Mr. Grier had a concern regarding the issue of redrawing the commercial district boundary lines, adding rural residential properties to the commercial district. Mr. Grier also questioned if the rezoning is consistent with the master plan. Cathy Jasinski said the master plan does not call for an enlargement of the commercial area. Kathy Egan addressed the master plan, the Planning Commission has been asked where industrial trades can operate, contract services. That was some of the test. There has been a demand without a place to put it. Dennis Grant said the Planning Commission was trying to give the community the proper tools to clean up properties on Bingham Road. Steve Patmore said the Tribe came to the Planning Commission asking if the PDM property which existed before the zoning ordinance was adopted, could be square off. The PDM property will be subdivided into condo lots. Page 2 of 6
Chairman Park referred to Attorney Grier s letter and factors to be considered prior to a rezoning which were reviewed by the Planning Commission. The Planning Commission responded to Bingham Township Rezoning Standards Considerations Public Hearing for Map Amendment 17-001, September 7, 2017.which was submitted by Kathy Egan. A. The proposed rezoning is consistent with the surrounding uses. The Planning Commission finds that the proposed rezoning is consistent with the surrounding uses. B. There is no adverse physical impact on the surrounding properties. The Planning Commission finds that there (is/is not) adverse physical impact on the Surrounding properties. (N/A/ at this time) C. There is no adverse effect on property values in the adjacent area. The Planning Commission finds that it does not have an adverse effect on property values in the adjacent area, depends on what is built. D. There have changes in land use or other conditions in the immediate area or in the community which justify the rezoning. The Planning Commission finds that there have been changes in land use or other conditions in the immediate area or in the community which justify the rezoning. E. Rezoning will not create a deterrent to the improvement or development of the adjacent properties in accordance with existing regulations. The Planning Commission finds that the rezoning will not create a deterrent to the improvement or development of the adjacent properties in accordance with existing regulations. F. Rezoning will not grant a special privilege to an individual property owner when contrasted with other property owners in the area or the general public. The Planning Commission finds that rezoning will not grant a special privilege to an individual property owner when contrasted with other property owners in the area or the general public. G. There are substantial reasons why the property cannot be used in accordance with its present zoning classification. The Planning Commission finds that there are substantial reasons why the property cannot be used in accordance with its present zoning classification. H. The rezoning is not in conflict with the planned use for the property as reflected in the master plan. The Planning Commission finds that the rezoning (is/is not) in conflict with the planned use for the property as reflected in the master plan. (H. needs to be answered) Page 3 of 6
I. If rezoned, the site will be served by adequate public facilities. The Planning Commission finds that the properties, if rezoned will be served by adequate public facilities. J. There are no sites nearby that are already properly zoned and that can be used for the intended purposes. The Planning Commission finds that there are not site nearby that are already properly zoned and that can be used for the intended purposes Further discussion by the Planning Commission on how to proceed - Cathy Jasinski CHARLIE DASHNER said she would like to see Amendment No. 17-001 postponed with the idea of getting another opinion from the Township Attorney, knowing the circumstances that brought the Planning Commission to this point. Attorney Grier had a bit of concern laying out some of the problems to watch out for and be careful with. Cathy Jasinski said she doesn t have a problem redrawing the lines, is concerned about the bottom parcel because it is so big. Top 4 parcels don t think it follows the master plan, Okay with changing the lots. Concerned about expanding THE COMMERCIAL DISTRICT to commercial, mmaster plan does not call to expand to commercial. when property owner in the future requests commercial zoning. Would approve the boundary lines. Still have same issue of expanding commercial. Anybody out of the 450 foot line would have to come to the Planning Commission. Kathy Egan said Attorney Tom Grier s main concern was that the property owners did not ask for the rezoning. In a way, the property owners did ask for the rezoning when it gave public input at the public input session the Planning Commission had in May of 2016. Cathy Jasinski, referred to the zoning ordinance amendment, production facility would affect the residential owners by making noise and should not be allowed. Charlie Dashner/moved, Dennis Grant/supported, to postpone Zoning Ordinance Amendment 17-001 to the October 7, 2017 Meeting, PASSED. (Vote Yes: 4. No: 0) b. Public Hearing: Zoning Ordinance Amendment 17-002, Section 12.4 Bed and Breakfast Inn Chairman Mike Park opened the public hearing on Zoning Ordinance Amendment 17-002, Section 12.4 Bed and Breakfast Inn, amendment to Article 12 Home Business Uses. Kathy Egan addressed Amendment 17-002, Section 12.4 Bed and Breakfast Inn. The rooms allowed in a bed and breakfast has been increased from 8 to 10. (Sleeping accommodations may be offered to transient tenants in ten (10) or fewer rooms for rent, not to exceed an average of three (3) tenants per room per night. There shall be a manager or innkeeper available on site twenty-four (24) hours per day whenever one (1) or more rooms are occupied). Bed and breakfast Inns are allowed in the ag and rural residential districts. There was no public comment or written correspondence received. The public hearing was closed. Page 4 of 6
Discussion Steve Patmore said if this is approved as a bed and breakfast inn, it is no longer a residence. Charlie Dashner/moved, Dennis Grant/supported, to recommend that Zoning Ordinance Amendment No. 17-002, amending Article 12 Home Business Uses be adopted, send the amendment to County Planning Commission and the Township Board, PASSED. (Vote - Yes-4. No 0) c. Introduction: Two K Cidery Special Land Use Permit for tasting room Steve Patmore said an application was received from K & K Farms Group, L.L.C.for a Special Land Use Permit for a Tasting Room at K & K Farms, 3890 S. West Bayshore Drive. This application is for a tasting room only. No restaurant or special events are proposed at this time. K & K Farms is located on the west side of M-22, across from where Lee Point Road meets M-22. The tasting room is proposed for an area next to a woodlot approximately 800 west of the M-22 right of way. The application APPLICANT has applied for a Small Wine Maker s License. Max Koskela, Manager of Operations, said K & K Farms Group purchased the 80 acre 150-year old Lee family farm. Over the past years care has been taken to restore and rebuild the soils to allow new planting of apple trees, grape vines and hop yards. Two buildings were built, one for cold storage for all the farms agricultural products and a processing building for the production of wine and hard cider. K & K Farms has planted a vast variety of traditional cider apples that have not been grown in the Midwest since the early 1900 s. The goal is to grow the cider apples for the use in premium apple hard cider and juice. There are also Riesling grape plantings and a variety of hops on the property. Jim Schiffer, site engineer, of The Schiffer Group, Inc. reviewed the site plan. On the property there is an existing greenhouse and barn. The entrance drive, which is right across from Lee Point Road, will be paved with curb and gutter. Building No. 3 on the site is a 1,225 square foot tasting room where there will be five (5) dedicated spaces for employee parking and additional parking for customers. No kitchen is planned for the site. Steve Patmore said he will do a thorough review of the application before the date of the public hearing. Planning Commissioners are invited to view the property. A public hearing on the Application of Two K Cidery for a Special Land Use Permit for tasting room if scheduled for October 5, 2017 7. Communications and Reports a. Chairman - No report. b. Zoning Administrator - Steve Patmore submitted the Zoning Administrator s Report for August 2017. GT Band permit expires in April 2018 and it will probably ask for an extension to put the road in and prepare condo docs. Review of the Leelanau Trail and parking is up for review. Representatives of the Tart Trail are willing to meet in November. Township Board adopted a Resolution stating it is not interested in having medical marijuana facilities in the township at this time. Patmore attended a FEMA Meeting. The township does not have floodplain maps. Grand Traverse Band plans to put in fiber Page 5 of 6
optics on 641 in the road right of way, thru the townships of Elmwood, Bingham, Suttons Bay, and Leland. c. Planner - Kathy Egan said County Road 641 is closed between Bingham and Donner Roads for the next few weeks. d. Township Board - Minutes on line. e. Commissioners - No comments. 8. Items for Consideration for Next Meeting Agenda 1. Continuation of public hearing on Zoning Ordinance Amendment No. 17-001, Commercial District 2. Public hearing on Two K Cidery for Special Land Use Permit for tasting room 9. Public Comment George Paolacci asked about the Consumers Substation. Steve Patmore said Consumers can construct the substation in the township, that the township does have some input. Dave Monstrey referred to the commercial district map and said the amount of commercial property is not really increasing in size on Bingham Road. 10. Adjournment Chairman Mike Park adjourned the Planning Commission Meeting at 8:25 p.m. Catherine Jasinski, Secretary Minutes by Marge Johnson, Recording Secretary Reviewed by staff Page 6 of 6