MINUTES OF THE REGULAR MEETING OF THE

COTTRELLVILLE TOWNSHIP

PLANNING COMMISSION

HELD ON WEDNESDAY, JUNE 24th, 2009 AT 7:30 P.M.

1). The regular meeting of the Planning Commission was called to order by Chairperson Mary Agnes Simons at 7:31 p.m. in the Board Room.

2). Following the Pledge of Allegiance,

3). Roll Call Attendance was taken:

Present: Bill Jenuwine, Debbie Hayes, Bernie Pelc, George Kunnath, Isla Boskee & Mary Agnes Simons.

Absent: Georgia Phelan, excused, class at MSU; Dr. Bill Drake, excused, out of town.

4). APPROVAL OF MINUTES:

Since there was no quorum for our regular Planning Commission Meeting held for the month of May, 05-27-09, there were no minutes to approve.

5). AGENDA APPROVAL:

No Additions, however it was suggested that we re-arrange the Agenda to

allow Mr. Klingler’s 24,000 sq ft accessory building be handled under new

business so that he would be able to leave the meeting immediately

following his presentation, as he had traveled eight hours to appear at this

meeting.

6). COMMUNICATIONS:

None at this time.

7). NEW BUSINESS:

a). Request from William Klaassen , Building Official, for parking lot spaces determination regarding Klingler accessory building at 7084 River Road.

Building Official Bill Klaassen was requested by the Chair to proceed with inquiry of Klingler project.

Mr. Klaassen explained he was reviewing the 100 ft by 240 ft proposed building, 24,000 sq ft, advising that it was two-story, had four bathrooms, offices, with fire-separation, etc. This appearing to

Bill that it would be a commercial building. He stated he was advised by Mr. Perrera of Shonsheck, Inc. that this was not a commercial building but a farm building.

Mr. Klaassen produced definitions out of the 2006 Michigan Residential Code, “Accessory Structure,” “A structure not greater than 3,000 sq ft in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling(s) and which is located on the same lot.”

Also, “Agricultural, Building. A structure designed and constructed to house farm implements, hay grain, poultry, not to be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.”

Mr. Klaassen presented four photographs of the site in question. He spoke of the home occupancy use through the zoning ordinance as well. Mr. Klaassen advised that the when the site plan appeared in his office with parking spaces, indicating employees places to park, he felt it necessary to bring this before the Planning Commission.

Mr. Robert Klingler was introduced and asked to speak. He advised he also owns Long Lane Farm consisting of over 350 acres on the corner of Broadbridge & M-29. He said he bought this piece last September and advised he has tractors and cranes, trucks, road graders, D-3 Dozer, backhoe, & JD4430 tractors. He decided it was the logical place to build a main-tenance building to house these implements and hired Sal Perrera of Shonsheck Inc.,Wixom, to come up with a design and put a package together for the township to apply for a permit.

Mr. Perrera was introduced to the group. Respresentative Sal Perrera, project designer from Shoensheck Inc., advised they are a design & build construction firm. He was asked to put together preliminary design & pre-construction for this building. He advised that he would like to introduce Mike Baker, architect. Mr. Perrera advised that he could not obtain a full copy of the ordinance; that he was told it was on-line, but it was nothing that was obtainable, so they submitted with what information they could. Sal determined what the zoning was, what Mr. Klingler’s use was, and in reading the ordinance, it was found to be within the limits of the ordinance, and then requested a “pre-application” meeting with the building inspector. When it couldn’t be arranged for that meeting, they went ahead and submitted their application, and was asked to have Mr. Klingler place his use on paper and sign it which he complied with. Sal then spoke with the Planning Consultant who advised that this is within the permitted use.

This building, according to the ordinance, is a permitted size and “we are here as courtesy to answer any questions you may have. We are here to give you a comfort level that this is a farm accessory building and that is all that it is. The building is definitely for farm use,” remarked Mr. Perrera.

Chairman Simons asked Township Planning Consultant, Richard Smith of Montgomery & Associates of Port Huron to speak next.

Mr. Smith referred to his 3-page report regarding this structure, explaining the second page needed a correction under “utilities,” which should read that this site is serviced by both public water and sewage systems. This was his “Memorandum of Understanding.”

He also suggested there be a parking space for each person working on premises.

At this time, Mr. Smith advised that this building appeared to meet all criteria to be allowed, and that no action will needed to be made by the Planning Commission, as long as the building is used for the agricultural purposes. Should this building be used for any other purpose, such as manufacturing, or oil well maintenance, or any other purpose, other than agriculture, it would have to be brought back to the Planning Commission and it may not be allowed in this R-1 District.

Mr. Klaassen requested Consultant Smith to ask the Commission to provide us with the number of parking spots necessary for this structure. Mr. Smith advising that whatever number of people that are working there, that there would be a parking space for each.

Commission Member Bernie Pelc, added that historically, on agricultural farms, people lived on the premises, in the home with their families and the hired help. He adding that a building this size would be more conducive to thousands of acres, several hundred head of cattle, not 300-400 acres and a cash crop. Mr. Smith said, “yes, this is true, however what he is asking to build is within the ordinance and how much building he wants to build is his business. Our ordinance does not address that issue.”

Chairman Simons advised that one of our absent members, Georgia Phelan did review the plans and offered an e-mail. She asked two questions:

1. Where is the farm that this new structure is going to be an accessory to?

2. The last paragraph of the owner’s statement says “the equipment storage” area is for privately owned vehicles, equipment, etc. Shouldn’t this be “business owned” or

or at least personally owned? “Privately owned,” is probably what it should not be, which is store private people’s personal property there.

Georgia also added she is not opposed to a resurgence of farming in our area, but states she does have concerns about planned use of this very large building now and in the future. If not used for farm purposes, the owner must understand it can’t be used for alternate purposes.

Chairman Simons asked fellow commissioners for any questions, Bill Jenuwine to start. Mr. Jenuwine questioned with this building being about ¼ mile from his larger farm, why build so far away from it, and “how will you travel back and forth?”; being concerned about traffic on M-29. Mr. Klingler advised that he is making arrangements to use the Dredge cut to go back & forth. Bill said “So you won’t be out on M-29 with your equipment, then correct?” his answer being “no, I will not.”

Mr. Jenuwine also questioned the inset on the site plan. The inset shows house, garage & shed on the property, showing an enlargement of the buildings.

Bill also asked in reference to the mezzanine, “open to below,” questioning what that meant. Mr. Klingler advised that this was a way to open up the offices to natural light with all the windows. Bill questioned whether they would heat only the offices and bathrooms, and Mr. Klingler indicated he would probably heat the entire building. (Something inaudible about on site gas wells?).

Commissioner Bernie Pelc questioned the need for a second exit out of the offices? Mr. Perrera advised that the building code allows 75 ft traveling from the stairs to any point. We placed that stair so that we don’t exceed that 75 ft. The stairs are within the building code.

Commissioner Kunnath, asked if Mr. Klingler lives at 7075 River Road, Mr. Klingler advising that he purchased Dr. Lee’s old house. Mr. Kunnath mentioned that he just said he lives in Rockford, IL, Mr. Klingler advising that he is moving his factory this summer to ___ Degurse, the old Vogel Building. He also requested to know what Mr. Klingler will be farming that required all of this. “We plan on planting an orchard, cash crop vegetables and we lease quite a few acres also,” was Klingler’s answer.

Mr. Pelc questioned the size of this structure, as he knows of farms where he came from were 3,000 to 5,000 acres and never had this kind of structure. Mr. Klingler advised he built nuclear plants for 15 years and “in my mind, whenever you do something you should do it the best of your ability. If you have to work on machinery because of a break-down, and its 25 below zero, you better have a 14 ft door, as you might have another have a broken down machine in another doorway. Big is relative to ease of operation, and then people don’t get hurt trying to do their job outside in the winter time.”

Mr. Pelc asked what he planned on doing with the existing buildings on that site. Mr. Kllinger advised that there is a home on the property that would be used.

Commissioner Kunnath advised that he is concerned that after this building is built, and perhaps he would have a change of plans or possible ownership, that the next guy might not want it to be a farm building, but would leave us with trying to keep someone else from moving something undesirable in there to deal with in the future. “At least that is my concern, not speaking for everyone else here.”

Commissioner Boskee asked if the house was occupied right now? Mr. Klingler advising that it was not, right now. Mrs. Boskee, “is it going to be?” He advising that “two of our employees are coming from Rockford, IL, and will need a place to live.”

Commissioner Kunnath asked point blank, “Now you can assure us that none of your automation business is going to be moved into this new building right?” Mr. Klingler: “No, absolutely not a thing.”

Mr. Smith advised that his opinion on the office is that if they are proposing this office to be part of the farm operation, that it be fair game for it to be considered a part of the farm land use. As long as they are not going to sell insurance or used cars, out of there, it’s not our concern. Boskee advising not running a business, Pelc, stating nor storing oil rig equipment – strictly farm equipment.

Mr. Smith advised “that as far as storing personal equipment, in this building, I would expect if this building was owned by anyone of us, and we had a boat or a motor home to store inside of this building, I think we would be miffed if we weren’t allowed to store them in ‘our’ building. Now, if he starts renting space out for boat storage or RV storage, to everyone under the sun, this would be another type of business. As long as this is used for agricultural and not documented otherwise, he is within his rights.”

Mrs. Boskee asked how many pieces of equipment he has for this farm to be stored in this building. Mr. Klingler advised he has a Morton Building with five pieces of equipment, including a motorgrader, D-3, D-6, backhoe, Tacom trailer, pipeliner, Miller welder, oxygen & acetylene tanks, JD4430 tractors, about 15 pieces altogether. They are in a building about 200 ft long and it is about ready to collapse.

The chair asked Mr. Klaassen if he was satisfied with the number of parking spaces and he said he couldn’t tell from what he had drawn with office space, how many spots he will need. Simons then asked Mr. Klingler how many employees he anticipates to work this farm. Mr. Klingler advised “Right now, we have four employees, and there are four parking spaces shown. “

Simons summarized that the question for the Commission was the number of parking spaces, figuring each employee having a space to park, four employees according to Mr. Klingler, and four shown on the site plan, so it was believed he has accomplished what he came for here.

Mr. Klaassen advised Mr. Klingler that there will be a discussion about which building code to utilize for this structure, however, Simons asked if it was anything that our Commission had to deal with tonight, and Klaassen advised no, it was something he has to deal with.

ACTION: It was moved by Commissioner Pelc, supported by Commissioner Jenuwine, to receive and file the site plan submitted by Mr. Robert Klingler for 7084 River Road, for the record.

All Ayes; Motion Carried.

Under Old Business, the approval of the Noxious Weed Ordinance was corrected and placed back on the agenda to be sent to the Township Board for adoption.

ACTION: It was moved by Commissioner Boskee, supported by Commissioner Pelc to approve the Noxious Weed Ordinance as prepared, and send it to the Township Board for approval, requesting they send it to the Township Attorney for review prior to adoption.

Roll Call Vote: Boskee, Aye; Pelc, Aye; Jenuwine, Aye; Kunnath, Aye, Simons, Aye; Hayes, Nay.

Phelan, Excused Absent; Drake, Excused Absent.

5 Ayes; 1 Nay; 2 Absent. Motion Carried.

The next item on the “Township Areas of Concern” list we have been discussing is the Cottrellville Township Bicycle Path Ordinance, which was graciously prepared by Commissioner Bill Jenuwine. We are passing this out for you to review at the next regular meeting in July. After that, we shall have something for you to look over regarding Dangerous Buildings.

With no further business, the meeting was adjourned at 8:29 p.m.

Respectfully submitted,

Mary Agnes Simons, Chairperson,

Acting Secretary in the absence of Georgia Phelan