Comstock Township - June 26, 2025 Planning Commission Meeting

Updated about 5 hours ago

The Commission considers a home business permit for an acupuncture massage service, a rezoning request to change a property from residential to agricultural, and a new mobile vendor ordinance. The meeting also includes discussions on the importance of public input, the township's plan for future land use, and the complexities of local governance. Residents voice their support and concerns, adding depth to the community's ongoing dialogue about development and regulation. Join the commission as they navigate the intricacies of township planning and aim to make decisions that align with the community's best interests.

Chapters

Call to Order and Pledge of Allegiance (00:00:46)
The meeting officially began with the call to order and was followed by the Pledge of Allegiance.

The chairperson called the meeting to order at six o'clock and led the participants in reciting the Pledge of Allegiance to the flag of the United States of America.
Approval of the Agenda (00:01:18)
The agenda for the meeting was reviewed and approved with certain additions and changes.

The first item on the agenda was the approval of the agenda for the current meeting. There were discussions about adding two items: a letter from Sherwood and a discussion on the pencil joint meeting, which were added under other business.
Approval of Previous Meeting Minutes (00:03:19)
Minutes from the previous meeting were reviewed and approved with a correction regarding the vice-chair designation.

The minutes from the last meeting were reviewed. A correction was noted for listing Bob Sherwood as the vice-chair. With this correction, the minutes were approved.
Special Land Use Request - Baton Kill Drive (00:05:04)
A special land use request for Baton Kill Drive was discussed, involving an acupuncture and massage home service.

A request for special land use for Baton Kill Drive was presented, which involves operating an acupuncture and massage service from a home. The staff report indicated that the request meets the zoning requirements for a home occupation.
Public Hearing for Baton Kill Drive Request (00:12:02)
A public hearing was opened for the special land use request for Baton Kill Drive, with positive feedback from neighbors.

The public hearing was opened to allow comments on the special land use request for Baton Kill Drive. Neighbors spoke in support of the applicant, noting no disruptions or changes to the neighborhood's character.
Discussion and Decision on Baton Kill Drive Request (00:16:11)
The commission discussed the Baton Kill Drive request but decided to delay the decision to the next meeting, adhering to bylaws.

After discussion, the commission considered waiving bylaws to make a decision immediately but decided to follow the standard procedure, delaying the decision to the next meeting due to lack of unanimous agreement to waive.
Rezoning Request - East ML Avenue (00:21:16)
A rezoning request for East ML Avenue was presented to change the zoning from single-family to agricultural residential.

The commission reviewed a request to rezone a property on East ML Avenue from R1A single-family to AGR agricultural residential. The applicant outlined plans for regenerative agriculture, including planting fruit trees and maintaining bees.
Zoning Confusion (00:32:44)
The speaker discusses their understanding of the zoning of their property, initially believing it was agricultural but discovering it is residential.

The speaker explains how they thought their land was zoned for agricultural use, allowing them to keep chickens, but later found out it was zoned residential, altering their plans for the property.
Farming Aspirations (00:33:00)
The speaker shares their aspirations to grow items and support their farm, hoping it can become a full-time entity.

Expressing their desire to grow certain items and eventually make enough money to reinvest in the farm, the speaker hopes to make it a full-time entity. They also wish for their disabled son to earn a living from the land.
Zoning Permissions Discussion (00:33:45)
A discussion ensues about what is permissible under the current zoning regulations, with the speaker being told their plans are allowed.

The conversation involves clarifying what activities are permissible on the property under the current residential zoning, with the speaker assured that their plans do not violate zoning conditions.
Limitations of Residential Zoning (00:34:00)
The limitations of a residential zone are discussed, including restrictions on the number of livestock such as chickens.

The speaker expresses frustration with the limitations imposed by residential zoning, particularly the restriction on the number of chickens they can keep, and the potential changes being considered for large residential lots.
Rezoning and Future Plans (00:34:44)
The speaker outlines their long-term plans for the land and the importance of rezoning to achieve these goals.

The speaker describes their two-year plan, which includes growing cut flowers and making the property self-sustaining. They emphasize the importance of being taken seriously to achieve rezoning, which would allow them more flexibility for future projects.
Public Hearing for Rezoning (00:35:56)
Discussion of the need for a public hearing regarding the rezoning of the property, with a motion made to open it.

The meeting moves towards discussing the need for a public hearing on the rezoning application. A motion is made and carried to open the hearing, allowing citizens to express their opinions on the matter.
Community Support and Concerns (00:40:20)
Community members express support for the rezoning, recognizing the potential benefits and addressing concerns.

Supporters of the rezoning express their understanding of the benefits, such as farm-to-table opportunities for local bakeries, while addressing logistical concerns and the necessity of respecting the land.
Planning Commission Deliberation (00:43:02)
The planning commission discusses the implications of rezoning, considering future land use and community impact.

Members of the planning commission deliberate on the rezoning application, weighing the potential future agricultural use of the land against the existing residential nature of the area. They reference the master plan and community impact.
Legal Clarification on Rezoning (00:46:00)
A legal clarification is provided, stating that rezoning aligned with a master plan is not considered spot zoning.

A zoning attorney clarifies that rezoning a parcel to align with the master plan is not classified as spot zoning, providing legal precedence to support this view. This clarification influences the commission's consideration of the rezoning request.
Environmental and Agricultural Intentions (00:50:00)
The applicant emphasizes the environmental benefits of their proposed agricultural activities, focusing on pollinators.

The applicant highlights the importance of supporting pollinators and the environment through their agricultural plans, arguing that their activities, although lacking traditional livestock, are beneficial for local biodiversity and align with broader agricultural movements.
Conditional Rezoning Proposal (00:55:00)
Discussion of a possible conditional rezoning to address concerns while allowing desired agricultural activities.

The possibility of a conditional rezoning is proposed, where the applicant would limit their activities to specific agricultural uses, addressing concerns about future land use while allowing them to pursue their farming goals.
Permit Requirements Discussed (01:03:53)
Discussion on the necessity of permits for public property usage and the conditions that might require board of trustees' approval.

The conversation begins with the mention of permits needed for using public property. It is noted that approval from the board of trustees is required for certain activities, which include signage provisions and considerations for waste, light, noise, and parking. The topic of alcohol sales is also touched upon, indicating its inclusion in permit discussions.
Appeal Process for Permit Removal (01:04:07)
An applicant can challenge the removal of their permit by submitting an appeal to the Township board, a condition previously discussed.

Continuing with the permit theme, the discussion outlines the process for an applicant to challenge permit removal. It is mentioned that an appeal can be submitted to the Township board, reflecting a condition that had been heard from previous times. This opens the floor for further discussion on the topic.
Introduction of New Zoning Ordinance Section (01:04:36)
A new section on zoning ordinance is discussed, and it is confirmed that it will be added as a new section.

The conversation shifts to a new zoning ordinance section. It is confirmed that this will be added as a new section, indicating a procedural update or amendment to existing zoning regulations.
Temporary Use Permits and Special Events (01:05:01)
Clarification on the difference between regular permits and special event permits with provisions for temporary use permits.

There is a clarification regarding the different types of permits, specifically distinguishing between regular permits and special event permits. It is confirmed that there are currently provisions for temporary use permits, with an emphasis on not complicating matters unnecessarily.
Exemptions for Private Property Operations (01:06:18)
Operations on private property not serving the general public are not subject to permit requirements.

The discussion moves to the topic of private property operations, clarifying that if an operation is on private property and not serving the general public, it is not subject to the same permit requirements. This is part of an effort to define and categorize different use cases and their exemptions.
Definition of Mobile Vendors (01:06:59)
Mobile vendors are defined, including their operational methods and the nature of products or services offered.

A detailed definition of mobile vendors is provided, specifying that it includes licensed and operable motor vehicles or trailers. The method of operation can be temporary, either transient or in a static location, involving the sale of products or services. This definition helps establish the framework for what constitutes a mobile vendor under the ordinance.
Administrative Handling of Site Plan Amendments (01:11:01)
Discussion on how site plan amendments are handled, whether administratively or by coming before the board.

The conversation touches on the process for handling site plan amendments, questioning whether these can be handled administratively or need to be presented to the board. This discussion highlights the procedural aspects of managing site plan changes under the current regulatory framework.
Permit Validity and Recurrences (01:22:00)
The validity period of permits is discussed, with considerations for recurring permits and potential complications.

A lengthy discussion ensues about the validity of permits, particularly focusing on their seven-day duration and how recurring permits might be handled. Concerns are raised about the potential for excessive regulatory burden and how to balance regulatory needs with business operations.
Planning Commission Discussion (01:33:21)
Discussion on the planning commission's stance and the need for further conversation rather than pursuing a dead-end proposal.

The planning commission discusses the lack of support for a proposal and the importance of having a conversation to avoid pursuing something that is unlikely to be approved. The speaker mentions that they have not attended many meetings and therefore cannot speak for the committee itself.
First Application to MPSC (01:34:01)
Announcement of the first application submitted to the MPSC and scheduling concerns due to upcoming holidays.

The speaker announces that the first application has been submitted to the MPSC and expresses urgency in scheduling a discussion. However, they acknowledge that upcoming holidays may interfere with scheduling, as some members will be out of town.
Scheduling a Joint Meeting (01:34:58)
Discussion on the logistics of scheduling a joint meeting and ensuring attendance from all necessary parties.

The committee discusses potential dates and times for a joint meeting, considering the availability of all members and the need to avoid making the meeting too long. There is also a suggestion to poll members to find a time that works for everyone.
Public Hearing and Simplified Comments (01:35:56)
Review of public hearing comments and simplified issues requiring less public feedback than anticipated.

The committee reviews the public hearing held for a mobile vendor and notes that the issues have been simplified, potentially reducing the need for additional public comments. They consider having a joint meeting at an earlier time to accommodate all items on the agenda.
Noticing a Meeting Time Change (01:36:39)
Discussion on the requirements for changing the meeting time and ensuring proper public notice.

The committee discusses the need to notice the change of meeting time to comply with regulations. If the meeting time is changed from the calendar's listed time, a notice must be posted within three days to inform the public.
Email Coordination for Meeting Schedule (01:37:04)
Coordinating with committee members via email to finalize the meeting schedule.

The committee agrees to send out emails to both the planning commission and the moratorium committee to confirm attendance and ensure the proposed meeting time works for all parties involved.
Legal Opinion Request Discussion (01:39:39)
The committee discusses the need for a legal opinion on planning commission bylaws and voting procedures.

Committee members discuss whether to seek a legal opinion regarding the planning commission bylaws and the proper procedure for voting abstentions. They emphasize the importance of transparency and consistency in their decisions.
Motion to Obtain Legal Opinion (01:43:02)
A motion is made and passed to request a legal opinion regarding a voting issue raised in a letter.

The committee votes on a motion to direct the attorney to write a legal opinion in response to a letter questioning a voting issue. The motion is passed unanimously, with all members agreeing on the need for clarity and consistency.
Public Comments and Citizen Concerns (01:45:18)
Citizens express support for bylaws and raise concerns about meeting accessibility and committee behavior.

During the public comment section, citizens express their support for the planning commission bylaws and highlight issues with meeting accessibility and perceived retaliatory behavior by committee members. Concerns about transparency and governance are also discussed.
Future Agenda and Planning Discussion (01:51:18)
Committee members discuss future agenda items and the need for a work plan to address accumulated issues.

The committee discusses upcoming agenda items, including public hearings and ordinance discussions. They agree on the need for a work plan to prioritize and address a growing list of issues, and emphasize the importance of coordinating with staff to ensure efficient meetings.