Comstock Township - September 11, 2025 Planning Commission Meeting

Updated about 5 hours ago

The Commission discusses a rezoning request by Landscape Forms to change a parcel from R-1B to LM Light Manufacturing to create a green space buffer. The commission also addresses stipulations for Soil Friends LLC regarding alcohol production and amplified music, in light of recent court rulings affecting local zoning authority. A public hearing is scheduled to address these stipulations.

Chapters

Call to Order and Pledge of Allegiance (00:01:03)
The meeting was called to order by the Chair at 6:00 PM, followed by the Pledge of Allegiance.

The Charter Township of Comstock planning commission meeting was called to order at 6:00 PM. The Chair led the attendees in the Pledge of Allegiance to the flag of the United States of America.
Approval of Agenda (00:01:35)
The agenda was approved with an amendment to add a discussion on soil stipulations and special exemptions.

The first item on the agenda was the approval of the agenda. A member of the commission requested to add a discussion on soil stipulations and special exemptions to the agenda. The amendment was accepted, and a motion to approve the agenda as amended was made and supported. The motion carried with all in favor.
Approval of Minutes (00:02:42)
The minutes from the previous meeting were approved without any changes.

The next item on the agenda was the approval of the minutes from the previous meeting. The Chair asked if there were any changes to the minutes. Hearing none, a motion to approve the minutes was made and supported. The motion carried with all in favor.
Citizen Comments (00:03:32)
No citizen comments were made during the allocated time for public comment.

During the citizen comments section, the Chair invited citizens to state their name and address and to speak for no more than three minutes. It was noted that the time could not be given to another citizen to extend their time, and the board would not engage in discussion during comments. However, citizens were encouraged to make appointments with planning and zoning staff for further discussion. There were no comments made, and the Chair closed the citizen comment section.
Rezoning Request and Public Hearing (00:04:39)
A rezoning request was discussed, with a public hearing held for a parcel to be rezoned to light manufacturing. The motion to recommend approval was passed.

The commission discussed a rezoning application from Landscape Forms for a parcel on Arden Avenue from R1-B Single Family to LM Light Manufacturing. The parcel is approximately 3 acres and would serve as a green space buffer with no light manufacturing activities planned. A staff report was reviewed with four main talking points: consistency with the master plan, compatibility with surrounding zones, impact on public services, and suitability for the area. A public hearing was opened and closed with no comments. The commission members discussed the rezoning request and agreed it was appropriate. A motion to waive the bylaws to decide on the recommendation was made and passed unanimously. Subsequently, a motion to recommend approval of the rezoning request to the Township Board was made and passed with a roll call vote.
Discussion on Soil France Stipulations and Special Exemptions (00:16:08)
Discussion on revising special exemption stipulations for Soil France LLC due to conflicts with state and federal law, with a decision to hold a public hearing for amendments.

Mrs. Martin from Soil France LLC presented concerns about special exemption stipulations that conflict with state and federal law, specifically regarding alcohol production, amplified music, and easement access. The federal court ruling involving Old Mission Peninsula wineries and the Michigan Liquor Control Commission regulations were cited as reasons for revisiting the conditions. The Township attorney explained the need for a public hearing to amend these conditions by mutual agreement, as required by law. The commission discussed the possibility of waiving fees for the hearing and the urgency due to the seasonal nature of Soil France's business. It was agreed that a public hearing should be scheduled to address these issues and bring the stipulations in line with legal requirements.
Discussion on Public Hearing Scheduling (00:32:43)
The committee discussed the need to schedule a public hearing to address issues related to zoning enforcement and special use permits.

The committee members talked about the necessity of scheduling a public hearing in the newspaper, filling out an application form, and attaching an email from July as a basis for discussion. There was a conversation about the possibility of holding a special meeting and the implications of pending litigation on the township's legal position.
Legal Agreement on Zoning Enforcement (00:35:02)
There was a discussion about potentially signing an agreement to postpone zoning enforcement to allow for legal compliance.

The committee discussed the possibility of entering into an agreement to postpone zoning enforcement temporarily. This would allow businesses to operate while due process is followed. The discussion included the issue of easements and the need for compliance with the conditions of special use approval.
Amplified Music and Use of Easement (00:37:00)
The committee debated the conditions under which amplified music and easement use could be allowed temporarily.

The possibility of allowing amplified music and use of easements was discussed, with the understanding that these allowances would be temporary until a public hearing could be held to change the special use approval conditions. The committee was concerned about compliance with state law and the risk of legal challenges.
Recommendation for Waiving Application Fees (00:40:00)
A recommendation was made to waive application fees for amending special use permits due to conflicts with state law.

The committee considered recommending that the township board waive application fees for special use permit amendments, as the changes were necessitated by conflicts with state law. The discussion included the need to act swiftly to avoid hindering business operations.
Motion for Legal Opinion and Fee Waiver (00:42:43)
A motion was passed to request a legal opinion on zoning enforcement suspension and to recommend waiving application fees.

The committee passed a motion to request the township attorney to prepare a legal opinion regarding the suspension of zoning enforcement. The motion also included a recommendation to the township board to waive fees for revisiting special use permits.
Closed Session Discussion (00:47:01)
The committee considered entering a closed session to discuss a written legal opinion but did not achieve the required votes.

A motion to enter a closed session to discuss a written legal opinion failed to achieve the necessary votes. The opinion was distributed to committee members with a reminder to maintain confidentiality.
Citizen Comments and Board Updates (00:53:02)
Citizen comments were invited, and updates from other boards and committees were provided.

The floor was opened for citizen comments, but there were none. Updates from other boards were provided, including information on passed ordinances and upcoming budget discussions.
Training and Future Meetings (00:56:17)
Information about upcoming training sessions and future meeting schedules was shared.

The committee was informed about available training sessions and the need to confirm attendance. Future meeting dates and times were discussed, including an upcoming joint institute and housing study workshop.
Adjournment (01:02:08)
The meeting was adjourned after concluding all agenda items and comments.

Following planning commissioner comments and the conclusion of all agenda items, the meeting was adjourned.