Scio Twp: Notice of Conditional Use Permit for Herron Farms

SCIO TOWNSHIP

WASHTENAW COUNTY, MICHIGAN

CONDITIONAL USE PERMIT #20002

UNDER THE SCIO TOWNSHIP CODE, CHAPTER 36, ARTICLE VII

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PERMISSION IS HEREBY GRANTED TO HERRON FARMS LLC FOR HERRON FARMS AGRICULTURE COMMERCIAL TOURISM CONDITIONAL LAND USE FOR PROPERTY LOCATED ON THE NORTH SIDE OF DEXTER ANN ARBOR ROAD, DEXTER TO ALLOW A WINE TASTING ROOM. THE PROPERTY IS IN THE A-1 GENERAL AGRICULTURE ZONE, ESTABLISHED UNDER THE SCIO TOWNSHIP CODE, CHAPTER 36, ARTICLE VII, AS AMENDED. THE SAID LAND IS SITUATED IN THE TOWNSHIP
OF SCIO, WASHTENAW COUNTY, MICHIGAN, AND DESCRIBED AS:

COM AT E 1/4 COR SEC 8, T2S, R5E; TH S 88-03-19 W 44.08 FT TO POB; TH CONT ALG S 88-03-19 W 156.90 FT; TH ALG N ROW LINE OF DEXTER-ANN ARBOR RD N 52-55-22 W 1203.14 FT; THE CONT ALG ROW 264.92 FT ALG CRV TO RIGHT, CENT ANG 00-29-10, RAD 31219.36 FT, CHD N 52-40-43 W 264.92 FT; TH N 00-55-50 W 1705.39 FT; TH N 89-21-16 E 1176.03 FT; TH 191.22 FT ALG CRV TO LEFT, CENT ANG 06-48-18, RAD 1610.00 FT, CHD S 78-38-26 E 191.10 FT; TH S 00-48-06 E 2462.63 FT; TH S 23-18-54 W 107.85 FT TO POB. 69.24 AC.

Split/Combined on 10/26/2021 from H -08-08-100-040, H -08-08-100-039;

Parcel #: H -08-08-100-043

The Scio Township Planning Commission after a duly noticed public hearing upon the application for such Permit, having reviewed the facts and circumstances of said land use, and recorded its findings pursuant to Article 7 of said Ordinance, and having recommended to the Township Board that the Permit be granted, the Scio Township Board approves the conditional use permit based on the findings of the Planning Commission along with the following conditions applicable to the entire property and in addition to the approved site plan for the Herron Farms wine tasting room:

1. A telephone complaint hotline shall be established for use of Township residents. The hotline shall be directed to on-site staff and made available to all neighbors.
3. To receive a Final Zoning Compliance Certificate for operation of the wine tasting room, the applicant must demonstrate to the Township Zoning Administrator that grapes are planted and that a first harvest of grapes has occurred. The Zoning Administrator shall provide written verification to the applicant and the Township Board that this condition has been addressed.
5. The wine tasting room shall be an accessory use to the onsite farm and winery. Each event held in the wine tasting room must have at least 50% revenue related to the sale of wine produced onsite. Failure to verify this condition upon the request of the Township within two business days shall be a violation of the conditional use permit.
7. The wine tasting room shall meet the following additional conditions:
   1. Maximum of 85 combined guests, inside or outside for any event with maximum occupancy posted in the wine tasting room. Records of event occupancy shall be kept by the owner for at least 12 months.
8. Music, regardless of amplification, may only be played in the wine tasting room and inaudible at the property line or within the property boundary of any receiving property.
9. Amplified music will only be allowed indoors after the applicant demonstrates through a sound test to the Township Zoning Administrator that indoor amplified music is inaudible at the nearest property line. Sound demonstration shall be required at the beginning of each season. Specific conditions related to music and sound are detailed in number 6 below.
10. No music, radio, phonograph, tape recorder, stereo, musical instrument, including live music, or any sound amplification device shall be allowed outside.
11. No weddings, wedding receptions, bridal showers, bachelor parties, bachelorette parties, or graduation parties are permitted inside or outside of the wine tasting room.
12. No more than two events per week, and not more than one event at a time. An event is defined as a scheduled private activity occurring in a single day without public access or operation. Event does not include walk in customers purchasing wine or regular tasting room operations.
13. Hours of public operation: April – October (no events shall be held November – March)
14. 1. Noon – 8 PM Sunday
15. 10 AM – 9 PM Monday – Thursday
16. 10 AM – 10 PM Friday – Saturday
17. 1. No candles, smoking or other open fire/flame permitted in the barn. No sky lanterns or fireworks permitted as a part of this conditional land use.
18. All wine tasting room events shall be supervised by a venue coordinator. The venue coordinator shall be on-site at all times an event is in progress. Contact information shall be provided to the Township.
19. The business operators of Herron Farms must reside on the site. No remote ownership/operator is permitted. When and if the owner/operator changes, the Township Supervisor and Clerk must be notified in writing 30 days in advance of the official change date. Within 30 days of the change in operator, the new operator must meet with the Supervisor, Clerk and Zoning Administrator to review the terms of this Conditional Use.
20. All event parking to be accommodated on-site including: vendors, staff, guests, buses, and all other vehicles. No loading/unloading or parking activity shall be permitted in the public road right-of-way.
21. The Township reserves the right to monitor the parking use and if it is determined that existing parking is not sufficient additional event parking may be required to comply with this conditional land use.
23. Inclusion of marketing activities or materials that are contrary to the conditions set forth under the permit constitute a violation of conditional use and are grounds for suspension of the conditional use permit for 30 days if they occur two (2) different time within any one (1) year period. The Township Board has the authority to suspend the conditional use as noted above. If there are repeat violations, the conditional use permit may be revoked based on the terms of this conditional use permit.

1. Music and Sound Conditions:
2. 1. When amplified music is played (after sound test noted in Section 4.c) it must be inside the sound-insulated wine tasting room with the doors and windows closed and must be inaudible at property line or within the property boundary of any receiving property.
3. 1. Applicant will have an onsite permanently installed sound measurement system installed and continuously recording ambient sound as continuous audio file sound measurements at the nearest property line from the source of the sound anytime there is music played, those recordings will be kept for a minimum of 60 days, and applicant must provide them to the township within 48 hours of being requested.
4. More than two violations of Subparagraphs 4.b. or d. may result in a revocation of the conditional use permit.
6. 1. In the event that the township requests sound measurements for two (2) different event dates within any 1-year period and the applicant cannot provide them, the applicant’s ability to have amplified music must be removed from any conditional use permit in place at the time.
7. 1. If further sound violations occur after removal of indoor music from the conditional use permit, the Township shall hold a public hearing to revoke the full conditional use permit, pursuant to the terms of this conditional use permit.
9. Applicant to add additional buffer to the East/Northeast of the parking/proposed septic and wine tasting room location to minimize noise to the adjacent neighbors. As part of the site plan, provide township proposed buffering plan and tree removal plan along property perimeter. In the event that buffering is removed that has a negative impact on neighboring properties, applicant will install additional buffering to resolve the issue.
11. Conditional use permit is contingent on applicants not splitting the parcel or reducing the parcel size.
13. Applicant would have the ability to request up to (2) two special events per 12-month period exempt from these requirements that would be in addition to the applicant’s fourth of July fireworks show, pursuant to current township regulation and approval.
15. Applicant may apply for a revision of the Conditional Use Permit after 12 months of the date of the final zoning compliance certificate for the opening of the wine tasting room under the following conditions:
17. The applicant shall apply for a modification of the conditional land use permit pursuant to Article VII Conditional Use Review of the Scio Township Zoning Ordinance.
18. Applicant will provide documentation of written notice to all adjacent property owners and Homeowners Associations (HOA) of any proposed modifications of the original conditional land use permit.
19. Applicant shall provide:
21. List of all events conducted in the preceding 12 months including hours of events and occupancy for each event.
22. List of all phone calls with dates made to a complaint hotline applicant will setup and maintain, with resolution of the complaint and complainant contact information.
23. Police report log/calls, police reports for the premises for the preceding 12 months.
24. Adjacent Homeowners Association (HOA) comments and concerns. It shall be the responsibility of the applicant to gather any comments from the adjacent HOAs.
26. Applicant retains all rights under the Michigan Right to Farm Act.
28. The terms of this conditional use permit are intended to and shall be interpreted and applied to comply with the Religious Liberty and Institutionalized Persons Act.

The term of the Permit is without limitation excepting that the violation of said Permit shall be grounds for the Township Board to cancel and terminate this Permit provided that a final determination shall be made only after the Township Board has held a public hearing thereon preceded by notice of such hearing with notice to the Permittee and the persons to whom the said premises is assessed on the then current assessment roll. The notice shall specify the time and place of the hearing, the allegation of such violation, and shall state that said persons shall have the opportunity to then and there show cause why such violation has not nor does not exist. Such notice shall be given not less than 10 days prior to the hearing. The Township Clerk shall cause notice of the time, place, and purpose of such hearing to be published at least once in a newspaper of general circulation in Scio Township not more than 15 days, nor less than 3 days, prior to such hearing.

The Permit is issued pursuant to a Resolution adopted by the Township Board duly assembled in a Meeting of 27th day of September 2022.