Minutes of the regular meeting of the Georgetown Township Planning Commission, held Wednesday, May 16, 2007

 

Meeting called to order by Chairman Honderd at 7:30 p.m.

 

Present:           Honderd, Poskey, South, Pearson, Huizinga, DeGood

Absent:            Stasiak

 

#070516-01 - Agenda for May 16, 2007

 

Moved by DeGood, seconded by South, to approve the agenda for May 16, 2007 as presented.

 

MOTION CARRIED.

 

#070516-02 - Minutes of the May 2, 2007 regular meeting 

 

Moved by South, seconded by DeGood, to approve the minutes of the May 2, 2007 regular meeting, as submitted.

 

MOTION CARRIED.

 

#070516-03 - Special Use Permit-(SUP0702) Gerald and Kimberly VanderTill, 5188 12th Ave.

(submittal material)

 

Jerry and Kim VanderTill, 5188 12th Ave., presented the request.

 

The zoning administrator presented a review as follows.

 

REQUEST

 

The applicant is requesting to have the agricultural use of the keeping of livestock on 8.21 acres in an RR district.  Sec. 7.3(C) of the Zoning Ordinance requires special use approval for a customary agricultural uses in the RR district.  Agricultural uses may either be the principle use or an accessory use.  The applicant is proposing that the AG use of the keeping of up to 20 animals (alpacas, which are similar to sheep but have longer necks) on 8.21 acres be an accessory use on the parcel because the applicants live in the house which is also located on the parcel.  Other structures also exist on the site in addition to the house, including a 20 by 30 foot garage and a 36 by 50 foot barn.  An additional 15 by 45 foot agricultural shelter is proposed.  The plan shows two fenced areas to pasture the alpacas.  The ordinance does not limit height, size, number or architectural character for AG buildings and uses.  In addition, the Building Code does not require that a building permit be obtained for an AG building and the Property Maintenance Code is not applicable.  The only requirement is that setbacks are met, as well as the standards of Sec. 7.3(C), which lists the requirements for the use and restricts the number of animals on parcels of five acres or less.  Sec. 7.3(C)(3)(a) allows 6 animals for 8 acres.  However, Sec. 7.3(C)(3)(b) of the ordinance allows the number of animals to be waived on parcels in excess of five acres.  The applicants have requested to have up to 20 animals on 8 acres.  (FYI-According to the table of Animal Unit Equivalents in the Michigan Right to Farm Act, 50 sheep equal 1 animal unit.)

 

Since the Planning Commission is only reviewing setbacks and conformance with the standards in Sec. 7.3(C), it did not appear necessary to require that the applicant furnish a professionally drawn site plan with all the listed elements.  The hand-drawn site plan shows fencing within the parcel, along with an additional proposed 15 by 45 foot proposed shelter.  The plan also shows an existing garage and barn. 

 

SUMMARY

 

The Planning Commission should determine if the hand-drawn site plan is acceptable or if more information is wanted than is shown on the plan.  The Planning Commission should also determine if the limitation on the number of animals should be waived as per the ordinance.  Sec. 10-216 of the Code of Ordinances exempts construction in the AG or RR districts from the requirement of sidewalks.

 

Since neither the Building Code nor Property Maintenance Codes could be enforced on AG buildings, the Township has no jurisdiction over the condition of AG buildings.  However, the PC might consider a condition of approval that all buildings must be maintained in a safe condition.

 

The following is a review of the standards listed in Sec. 7.3(C):

(C)       Customary Agricultural Operations including general farming, truck farming, fruit orchards, nurseries, greenhouses and usual buildings subject to the following restrictions:

            (1)        No storage of manure or odor or dust producing materials or use shall be permitted within fifty (50) feet of any adjoining lot line.  Met, as per the applicant.

            (2)        No farm buildings shall be located closer than fifty (50) feet to any lot line, with the exception of roadside stands.  Met.

            (3)        Farm animals are permitted as follows:

                        a.         raising and keeping of livestock and poultry including horses, cattle, sheep, chickens, and similar animals (but excluding hogs), provided that the minimum area upon which one (1) animal may be kept shall be three (3) acres, and one (1) additional animal may be kept for each additional acre over three (3) acres.

                        b.         on parcels of land in excess of five (5) acres, the Township Board may waive the limitation on the number of animals, provided it is determined that due to the size of the parcel, natural features, or other similar conditions there will be no negative impact upon the neighboring property owners.  The Planning Commission must determine if 20 animals are acceptable on the 8.21 acre site that has an existing house, garage and barn.  It appears as though the size of the parcel, natural features of the expressway bordering the property to the rear and existing woods on the site, and the fact that animals are kept on other parcels in the area warrant the keeping of 20 animals on the site and that the use will not negatively impact the neighboring property owners.

 

 

The zoning administrator asked about the barn in disrepair and the applicants indicated that they intended to repair the barn.  It was noted that AG structures were exempt from the Property Maintenance Code and the Building Code.

 

South asked about the neighbors.

 

The applicants indicated that there would be sheep across the street and the subject property was bordered by the expressway and the old interurban train line.

 

Huizinga asked why the pasture for the male animals was bigger than the one for the females and was told that they would have more males than females.

 

Pearson asked if they would have 20 animals to start and the applicants indicated that they would have about 15. 

 

The applicants stated that the alpacas were raised for their fiber and someone would be brought in to shear them.

 

The chairman opened the public hearing.  No one was present to speak on this topic.  The chairman closed the public hearing.

 

Moved by Poskey, seconded by Huizinga, to accept the site plan and to recommend to the Township Board to approve Special Use Permit-(SUP0702) Gerald and Kimberly VanderTill, 5188 12th Ave., to have a customary agricultural operation including the keeping and raising of livestock (up to 20 animals –alpacas) under Sec. 7.3(C), on a parcel of land described as P.P. # 70-14-35-400-050, located at 5188 12th Ave., in a (RR) Rural Residential district, Georgetown Charter Township, Ottawa County, Michigan (submittal material), based on the findings that the requests meets the applicable standards of the ordinance including Sec. 7.3(C), and to waive the limitation on the number of animals and permit up to 20 animals under Sec. 7.3(C)(3)(b) because the determination has been made that 20 animals on 8.21 acres will not negatively impact the neighboring property owners due to the size of the parcel, the proximity to the expressway, the natural features including woods on the site, and the fact that animals are kept on the neighboring properties.

 

MOTION CARRIED.

 

#070516-04 - Unfinished Business-Ordinance amendments Sec. 3.4(E)(1)

 

The consensus of the Planning Commission was to leave the item tabled to wait for more information and to find if the members of the Township Board had considered the possibilities of very large garages.

 

#070516-05 – Adjournment

The chairman adjourned the meeting at 7:58 p.m.