LOWELL CHARTER TOWNSHIP PLANNING COMMISSION REGULAR MEETING April 9, 2012 REGULAR MEETING

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1 LOWELL CHARTER TOWNSHIP PLANNING COMMISSION REGULAR MEETING PRESENT: Blough, Batchelor, Simmonds, Clements, Edwards TOWNSHIP PLANNER: Tim Johnson CITIZENS IN ATTENDANCE: 5 REGULAR MEETING The regular meeting of the was called to order by Chairperson Simmonds at 7:00 pm. APPROVAL OF MINUTES: The minutes of the Regular Meeting of March 12, 2012 were presented for approval. Mr. Blough noted on Page 3 that a letter from Marc Larabel in connection with the Engle Group Day Care Home Special Use Permit Annual Review should be dated March 8, With that change, Mr. Blough moved that the minutes as amended be approved. Seconded by Mr. Batchelor. All in favor and the Minutes of March 12, 2012 as amended are approved. APPROVAL OF AGENDA: Mr. Simmonds moved that the New Business section of the Agenda be amended to show Item 4 as a request by John Timpson to discuss removal of a recorded affidavit regarding the special use permit for his Controlled Atmosphere Storage Facility from the public record, and that Item 5 be a request by John Timpson to discuss proposed changes to a special use permit on his Transport Facility at Alden Nash and Cascade Road. Motion seconded by Mr. Blough. All in favor and the agenda as amended was approved. PUBLIC COMMENT: The meeting was opened to public comment on matters not on the agenda at 7:04 pm. No one spoke. Public comment was closed at 7:04 pm. REVIEW OF SPECIAL USE PERMITS: NEW BUSINESS Heidi's Farm Market Special Use Permit Annual Review Mr. Blough excused himself from the proceedings. Aaron Caeb presented on behalf of Heidi's Farm Market. He noted that the market operations would generally be the same as last year. One possible change was to move the driveways into

2 Page 2 the market, locating them further from the intersection. The Kent County Road Commission will need to approve the entrance/exit locations. Mr. Clements asked how the new drives would be surfaced, and was told it is likely to be crushed asphalt for dust control, although the County may require the entrances to be paved. Mr. Batchelor noted the change should improve the safety of entering and exiting the market; Mr. Simmonds agreed. There being no further questions or comments, Mr. Batchelor moved to confirm that the Lowell Charter Township Planning Commission has reviewed the Heidi's Farm Market Special Use Permit and finds that it is in compliance with the Special Use Permit and its conditions granted in September 2007 and that the next annual review will be held in April Motion seconded by Mr. Clements. All in favor and the motion is passed. Heidi's Corn Maze Special Use Permit Annual Review Aron Caeb indicated the maze would be in the same location as last year. They expect hours of operation and related activities to be the same as before as well. A related pumpkin patch is to be located along Alden Nash this year. Mr. Simmonds noted that this was a good operation, well received. Mr. Batchelor thought the move of the pumpkin patch was good. There being no further questions or comments, Mr. Simmonds moved to confirm that the Lowell Charter Township Planning Commission has reviewed the Heidi's Corn Maze Special Use Permit and finds that it is in compliance with the Special Use Permit and its conditions granted in August 2007 and that the next annual review will be held in April Motion seconded by Mr. Batchelor. All in favor and the motion is passed. Mr. Blough rejoined the other members of the Planning Commission. Den Houter Sand Mine Special Use Permit Annual Review Kathryn Den Houter reviewed her Business Plan for Oak Hill Enterprises Sand Mining Operation dated. A snow fence has been added around the actual excavations, and posted with signs, supplementing the signs posted on the property's perimeter fence. Also reviewed was the letter from Marc Larabel, Ordinance Enforcement Officer, dated April 2, 2012, summarizing the conditions at the property and the changes made since his inspection of March 15, 2012, and those not yet in place. Tim Johnson then reviewed his memorandum of April 5, 2012 regarding the Den Houter Sand Mine Special Use Permit. He outlined the history of the permit, as well as considerations for the possible extension of the permit. Mr. Edwards asked, if the permit is continued, could new requirements consistent with the current mining ordinance be added. He was advised by Tim Johnson that they could be added. It was also clarified that no material had been, or would be, brought in for crushing operations.

3 Page 3 Mr. Simmonds asked if the Planning Commission felt that the permit should be terminated, or extended. Mr. Batchelor spoke in favor of an extension of the permit. Gary Schenk, as attorney for Kathryn Den Houter, spoke of the conditions proposed in Tim Johnson's memorandum and felt they were mostly acceptable. He expressed reluctance to regrade by October 1 to plant. He also questioned the 150 foot setback on the West side of the property, with the thought that excavating to the property's edge would match the elevation of the Den Houter property to the elevation of the land to the West of the property. He also noted that excavating would stop about 300 feet from the North property line to preserve the existing trees. Finally, he questioned the need for another full topographical survey since the original survey still exists. Mr. Clements felt that the landowner to the West of the property should be contacted regarding his input on possibly allowing mining up to the property line as discussed, but otherwise he favored a 10 year extension of mining operations if suitable agreement could be reached on the conditions. Mr. Simmonds agreed, and asked Tim Johnson to put together the proposed conditions for the property, consistent with the discussion before the Planning Commission. There being no further questions or comments, Mr. Batchelor moved to confirm that the Lowell Charter Township Planning Commission has reviewed the 2011 operations of the Den Houter Sand Mine Special Use Permit and finds that it is in compliance with the Special Use Permit and its conditions. Motion seconded by Mr. Edwards. All in favor and the motion is passed. The Planning Commission will wait until the proposed conditions for future mining operations on the property have been worked out and documented, before considering the request to extend operations another 10 years. Request by John Timpson to Discuss Removal of a Recorded Affidavit Regarding the Special Use Permit for his Controlled Atmosphere Storage Facility John Timpson re-iterated his request of March 21, 2012, asking for the Affidavit Relating to Matters Affecting Reality registered with the Kent County Register of Deeds in connection with a Special Use Permit for Controlled Atmosphere Storage to be "removed and recorded as such". Mr. Batchelor noted that the Affidavit had been approved by John Timpson's attorney and the Township Attorney during negotiations for the Special Use Permit, but that he saw no reason why it needed to be part of the land records. Mr. Edwards also saw no need for the recording. Tim Johnson explained that the Affidavit was just a notice of the existence of the Special Use Permit and imposed no additional restrictions on the land. Mr. Clements noted that the Register of Deeds was unlikely to remove the document from the record but Tim Johnson offered to follow up on the request with the Township Attorney.

4 Page 4 Request by John Timpson to Discuss Proposed Changes to a Special Use Permit on his Transport Facility In reviewing John Timpson's letter of March 21, 2012 regarding the Motor Freight Warehouse Special Use Permit, Mr. Simmonds noted four requested changes, to allow having an employee based at the location, to allow use of the office in the building at the location, to allow more maintenance of trucks beyond emergency repairs, and to remove an associated Affidavit concerning the Special Use Permit recorded with the Kent County Register of Deeds. After discussion of these requests, it was determined that John Timpson should present a more specific request for the exact changes he desires, which will allow the Planning Commission to determine if they could be handled as minor changes, or if they constituted major changes to the Special Use Permit. John Timpson will present his specific requests to the Planning Commission for consideration at a future date. OLD BUSINESS REVIEW DRAFT #4 OF AMENDMENTS TO THE AG-1, AG-2 AND R-1 ZONES: Tim Johnson summarized changes in Draft 4 of the Proposed Amendments to the Ag-1, Ag-2 and R-1 Chapters of the Zoning Ordinance dated. One additional change was made by adding to Section 7.03 a) the phrase "and RV parks" after the word "campgrounds" After discussion, Mr. Blough moved set public hearings on the Amendments to the Ag-1, Ag-2 and R-1 Zones, and on the previously finalized Flood Plain Overlay Ordinance, for June 11, Motion seconded by Mr. Batchelor. All in favor and both draft Ordinances will be offered for public hearing on June 11, COMMISSIONER COMMENTS: No workshop meeting will be held on April 23, Mr. Simmonds advised other members of the Planning Commission that Bowne Township was revising their Master Plan, and that a copy was available for review. He also announced that Vergennes Township would be commencing a review of their Master Plan. Mr. Clements noted that the Zoning Board of Appeals would be hearing a variance request on billboards later in the month. Mr. Blough asked about fireworks sales in the Township, and was advised that would be handled by the Township Supervisor.

5 Page 5 ADJOURNMENT: Mr. Batchelor moved to adjourn. Seconded by Mr. Edwards. All in favor and the regular meeting of the was adjourned at 9:14 p.m. Submitted Secretary Timothy Clements Approved