Comstock Township - Planning Commission - September 25, 2025 Planning Commission Meeting

Updated about 1 hour ago

Gavel to gavel coverage of the September 25, 2025 meeting of the Planning Commission for Comstock Charter Township. The Comstock Township Planning Commission assumes duties related to planning and development, rezoning, site plan reviews and more. The

Residents express concerns about a proposed battery storage facility by Copenhagen. This project has stirred community anxiety, especially regarding its proximity to schools and potential environmental impacts. The commission also revisits the zoning ordinance related to accessory structures, aiming to simplify regulations for residents. A significant portion of the meeting is dedicated to legal discussions involving Soil Friends, a local business facing township restrictions on amplified music and production limits. The commission moves to strike certain conditions from Soil Friends' special land use permit, acknowledging recent legal precedents. The meeting underscores the ongoing challenges in balancing community development with resident concerns and legal constraints.

Chapters

Call to Order (00:01:06)
The Comstock planning commission meeting is officially called to order at six o'clock by the chairperson.

The meeting is called to order by the chairperson of the Charter Township of Comstock planning commission as it is six o'clock.
Pledge of Allegiance (00:01:13)
The attendees join in reciting the Pledge of Allegiance to the United States of America.

The chairperson requests everyone present to join in reciting the Pledge of Allegiance. Together, they recite: 'I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.'
Approval of Agenda (00:01:38)
The agenda for the meeting is reviewed and approved without changes by the commission members.

The chairperson asks if there are any changes to the agenda. Kyle responds that there are no changes. A motion is made to approve the agenda, which is supported and passed unanimously by the commission members.
Approval of Minutes (00:02:00)
The minutes from previous meetings are reviewed, approved, and passed by the commission members.

The minutes from previous meetings are presented for approval. The commission reviews them for any changes or corrections. Motions are made and supported to approve the minutes, and votes are conducted. The minutes are approved and passed unanimously, with no opposition.
Citizen Comments (00:03:34)
Citizens are invited to comment, where they express concerns about battery storage and solar panels.

During the citizen comments section, individuals are allowed to speak for up to three minutes each. Tammy Keeler voices concerns about letters being sent to residents regarding battery storage properties and expresses safety concerns. Sarah from Soil Friends thanks the board for their support and clarifies their compliance with Michigan state law.
New Business (00:08:45)
The commission moves to address any new business items on the agenda.

After closing the citizen comments, the chairperson asks if there are any new business items to discuss, transitioning from citizen comments to the new business portion of the meeting.
Old Business (00:08:58)
The commission transitions to discussing old business items listed on the agenda.

The chairperson announces the transition to old business, beginning with the topic of accessory structures, inviting Kyle to speak on the matter.
Accessory Structures Discussion (00:09:00)
Kyle leads a detailed discussion on modifying accessory structure regulations to accommodate larger structures.

Kyle presents a series of comments and proposed modifications for accessory structure regulations. Topics include increasing the height and floor area permitted without special land use, addressing fabric structures, and clarifying definitions. Commissioners discuss each point, providing feedback and reaching consensus on several proposed changes.
Discussion on Setback Requirements for Accessory Structures (00:33:24)
The committee discussed reducing required setbacks to accommodate larger vehicles and RVs, agreeing on a compromise of six inches versus a foot.

Members discussed the implications of reducing setback requirements to make it easier for people to achieve desired heights for accessory structures. Various members expressed their opinions on a compromise between six inches and a foot. The discussion included considerations for housing larger vehicles and ensuring fire safety.
Contiguous Lots and Non-Conforming Structures (00:41:00)
Concerns were raised about contiguous lots under common ownership, suggesting they should be combined to avoid non-conforming structures.

The committee addressed issues with contiguous lots under common ownership potentially leading to non-conforming structures if sold separately. Suggestions were made to require such lots to be combined or treated as a single zoning lot, with some members proposing a time limit for building primary residences.
Special Land Use for Accessory Buildings (00:49:00)
Discussion on whether to maintain a one-acre trigger for special land use applications for accessory buildings, with most agreeing to keep it as is.

The committee considered whether to change the lot size trigger for requiring a special land use application for accessory buildings. The majority felt that the existing one-acre trigger was appropriate, while some suggested an increase to two acres.
Application Completeness and Submission Requirements (00:54:00)
Clarification sought on handling incomplete applications; consensus on needing specific information for review.

The committee discussed the need for clear guidelines on what constitutes a complete application, with staff seeking authority to deem applications incomplete if they lack essential information like north arrows or property dimensions.
Chicken Ordinance Review (00:59:00)
Proposed changes to chicken ordinances including number of chickens allowed based on lot size, and coop size requirements.

The committee reviewed proposals to change chicken ordinances, allowing more chickens on larger lots and establishing coop size requirements based on the number of hens. The discussion included potential limits for agricultural properties and the impact of commercial activities like egg sales.
Agricultural Zones Discussion (01:02:41)
Discussion on agricultural zones and the need for clarity in zoning designations related to agricultural and residential areas.

The meeting discussed the confusion surrounding the designation of agricultural zones, as the town does not have a strict agricultural zone but an agricultural-residential zone. There was a suggestion to list all residential zones that the agricultural designation would apply to, and to clarify the conditions for areas greater than five acres.
Soil Friends Case Law Discussion (01:03:30)
Attorney discussed the legal implications of case law on 'Soil Friends' and conditions imposed by the Planning Commission.

Attorney Thunk was asked to speak on the 'Soil Friends' case, referencing the Peninsula Township case and its impact on current local regulations. The main focus was on the conditions placed on 'Soil Friends' regarding the prohibition of amplified music and the legality of such conditions based on existing case law. The attorney clarified that while hours of operation can be regulated, the prohibition of amplified music outdoors is not enforceable.
Attorney's Recommendation on Soil Friends (01:05:44)
Recommendation to strike conditions related to amplified music due to legal preemption by state law.

The attorney recommended that the Planning Commission move to strike the conditions placed on 'Soil Friends' regarding the prohibition of amplified music outdoors as they are not enforceable under current case law. This recommendation was based on a review of legal precedents and the conditions set forth by state law.
Letter from Soil Friends' Attorney (01:07:00)
Reading of a letter from Soil Friends' attorney regarding zoning and legal challenges.

A letter from Steven Kustra, the attorney for 'Soil Friends', was read to the commission. The letter detailed the legal challenges faced by 'Soil Friends' due to township ordinance conflicts with state law. The attorney argued that certain conditions imposed by the township were unconstitutional and sought their removal.
Planning Commission Motion on Soil Friends (01:22:04)
Motion to remove restrictions on amplified music for Soil Friends as per legal advice.

A motion was proposed and passed to strike the conditions that prohibited amplified music and the use of speakers outside the barn for 'Soil Friends'. This action was taken based on legal advice that such restrictions were not enforceable under state law. The motion passed with unanimous support from the commission members present.
Discussion on Planning Commission and Township Board Relations (01:26:30)
Concerns about Township Board's handling of Planning Commission recommendations and agenda settings.

The commission discussed the difficulties faced when trying to get items on the Township Board's agenda, particularly regarding the 'Soil Friends' issue. Concerns were raised about the board's refusal to amend agendas to discuss important legal issues, leading to potential legal challenges.
Public Comments on Best Ordinance and Conflict of Interest (01:28:01)
Public comments raised concerns about conflicts of interest and the handling of the Best Ordinance.

During the public comment period, residents expressed concerns about potential conflicts of interest involving board members related to the Best Ordinance. There were calls for certain members to recuse themselves from voting due to personal interests that might affect their impartiality. The comments also touched on the need for transparency and adherence to legal and ethical standards in decision-making.
Public Comments (01:34:51)
Residents expressed concerns about property zoning and potential eminent domain issues related to a development project.

Residents raised questions about zoning differences between properties and the possibility of eminent domain being used for a development project that might affect private wooded areas, impacting privacy and local trails.
Updates from Other Boards (01:39:48)
Reports on insurance updates for township employees and the upcoming Michigan Association of Planning conference.

The meeting discussed insurance for township employees, including the fire department, and mentioned the Michigan Association of Planning's annual state conference, which will cover topics like renewable energy and downtown living.
Planning Commissioners Comments (01:41:40)
Commissioners discussed zoning ordinance amendments and the importance of board approval to protect community interests.

Commissioners clarified that no ordinance has been approved yet, and they are working to propose amendments that would prevent battery storage near schools, trying to balance professional advice and resident concerns.
Adjournment (01:46:21)
The meeting was adjourned, concluding the discussions for the day.

The meeting concluded with final remarks from commissioners about the challenges of decision-making and the adjournment of the session.

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