Planning Commissioners begin review of "ancillary use" of a campground

The Casco Township Planning Commission meets monthly on the third Wednesday at 6:00 pm

At its regular June 18 meeting, the Casco Township Planning Commission addressed the phrase "ancillary uses" added to the Casco Township Zoning Ordinance in July of 2023, Section 15.03.E.5 pertaining to campgrounds:

No commercial use shall be permitted to operate on the project, except that a convenience shopping facility may be provided within a campground containing 5—59 sites the store floor area not to exceed 1,000 square feet. Project containing 60 and over sites the store floor area not to exceed 2,500 square feet. Excluding laundry and similar ancillary uses.

The discussion was prompted by complaints about Daydreamer Domes, granted a special use permit for a campground, and a series of ticketed music events proposed by the Domes' owner, Missy Fojtik. Fojtik had requested permits from the Township Board to hold a series of outdoor gatherings including ticketed pool parties with a DJ for 500 people. The request(s) required approval for the outdoor gathering (required for a crowd more than 250 people) as well as a variance from the Casco Township Noise Ordinance.

The Noise Ordinance is being reviewed separately by a committee of citizens appointed by Casco Township Supervisor Allan Overhiser. It has been found that the ordinance, adopted in 2017 and based on measuring decibels, does not adequately address the electronic bass sounds emanating from amplified music at Daydreamer Domes. Nor does the existing Noise Ordinance address the frequency of noise, an additional complaint made by residents who are impacted by the hours-long and often daily music coming from Daydreamer Domes.

At the Noise Committee meeting held on June 26, Overhiser announced that Fojtik had withdrawn her request(s) for an outdoor gathering permit. It is unclear whether the Planning Commission will follow up on clarifying what they meant by "ancillary uses" of a campground, and whether that definition would include ticketed music events sold to outsiders for a party around the Daydreamer Domes pool, people who would not be camping in the 15 domes on site.

At least one commissioner was blindsided by the task faced on June 18. "This is an ambush," Commissioner Greg Knisley said, explaining he had not had time to review matters related to the claim that Daydreamer Domes is morphing into a music venue after receiving a special use permit for a campground.

Dan Fleming, Trustee representative to the Planning Commission, explained that the Board deals with the Noise ordinance, and the task before the Planning Commission was to clarify if the Domes' proposed outdoor gathering fell under "ancillary use" of a campground.

Planning Commissioner Ryan Brush said that events Fojtik had planned for the Domes "seems like a violation" of the special use permit to operate a campground.

Dian Liepe noted that Daydreamer Domes recently held a Flea Market and that was not an activity related to people on a campground or use of a campground. She also noted that the Consumers Energy Conference Center had been restricted from having parties and weddings because it is located in a residential area and such events generate noise.

Commissioner Paul Macyauski argued that ancillary use was a "one time thing," prompting Fleming to ask what the frequency would need to be to have something shift from an ancillary use to something else. Macyauski was arguing that the Planning Commission was to decide whether a one-time recreational event, a pool party on August 2 at the Domes, attended by what he called "day campers," should be allowed.

However, it is the Board of Trustees' task to grant an Outdoor Gathering Ordinance permit (or not). Chair Andy Litts clarified that the work of the Planning Commission was to define what is meant by "ancillary use" of a campground, not particular to Daydreamer Domes alone.

This was clearly the public's concern. In extensive public comment, as well as correspondence reviewed briefly by Commissioners at the start of the meeting, local residents expressed their concerns over the primary use of the site.

Mark and Wendy Muehlfeld, 439 Blue Star Highway, noted that Fojtik had not shared any plans for music events when she initially applied for a permit to operate a campground.

Larry Wright of 7159 Windcliff Dr., argued that the special events proposed by the Domes were not ancillary to a campground, but a primary activity.

Bruce and Patty Nowlin, of Martha's Vineyard Bed & Breakfast, asked if Daydreamer Domes is a campground or a music venue: which purpose is ancillary?

Leigh Ann McGrath questioned if the use of the site has changed from the original approval.

Lisa Tuohy, 7266 Elm, asked what Daydreamer Domes has a permit to do. She proposed that the pool was for the people who are there, as was the store, and that the permit did not include use as a venue through ticketed sales by a third party.

Mark Muehfeld of 439 Blue Star Hwy said the Domes site is in rural residential zoning but the events are aimed at people 21 and over. Unlike Gingerman raceway, which is located in an Agricultural zone, the Domes is located in a residential area where, he said, the music events every Friday, Saturday, Sunday and every other Thursday were not ancillary.

A resident of Windcliff Dr. defined ancillary as a use "to serve occupants and patrons. No separate entrance."

Missy Fojtik, owner of Daydreamer Domes, spoke about the challenges she has had gaining traction for her startup business. "I'm throwing everything at the wall to see what sticks," she said, noting that she is "learning, changing, augmenting" her offerings to fill the 15 domes on site. She said she had never before had people boo or hiss at her; she had brought jobs to the community. She is focused on providing wellness programs and making people happy. She is trying to be responsive to concerns of neighbors.

Wendy Muehlfeld said everyone would applaud a campground, which was the principal use granted.

James Harpold, 467 Blue Star Hwy, expressed concerns about exiting the driveway at the Domes and the safety of numerous cars exiting the parking lot.

Sarah Clark, 453 Brandon, said she did not think a campground was a venue for outside parties.

Carol Delorme, 431 Wells, lives 200 yards from the Domes. She said she was shown pictures of the proposed glamping site but that is not the way it looks now. She expressed concerns about safety, the number of cars, and alcohol sales.

Leigh Ann McGrath, 450 Beachglass Lane, said a pool party for 500 people in their 20s with alcohol raises indemnification issues and wondered if safety issues are accounted for. This is not what people were expecting.

Dave Campbell of 7174 Ferndell said he felt the Planning Commission was ambushed by Board. He felt the Domes business model has changed and said it was time for the applicant to come back to the Planning Commission to request a special use permit for the proposed activities.

Rebecca Vanderbeek, 7283 Beverly Shores, said she had been following the development of Daydreamer Domes from the beginning. She had viewed concept drawings at a wine event early on, noting the proposed campers, use of ATVs, pool, shipping containers, and hedges to create privacy "seemed terrific and appealing." As a CPA and attorney, she had concerns about the business plan. She concurs that the site seems completely different from the original plans.

J. Wiens, 508 Little Sable Drive, expressed safety concerns about the proposed events.

Julie Cowie, 7376 101st Ave, said the Planning Commission had granted permission to operate a restaurant as an ancillary use, and had not opposed an expanded liquor license. She urged the Domes to focus on those permissions.

Chair Andy Litts asked the Commissioners to discuss the matter at hand. He said the site plan review had been focused on a campground, with SHAES and parking lot permissions based on use as a campground. If the venue is open to outsiders coming in, that raises traffic concerns and other safety issues.

Dan Fleming noted that Casco has other campgrounds in residential areas that cause no problems.

Litts stated that the primary use has to be camping, and commercial events cannot overtake the primary use of a campground. He reiterated that this is not just about the Domes, but any campground, including Jensen's, The Fields, and Camp S'More.

Liep said a campground is permitted a particular number of sites and people. "When you want to change the focus, you have to change everything else," she said.

Knisley said an ancillary use may be permitted, but not "will" be permitted.

Liep said the pool is limited to a certain number of people and ancillary uses should not exceed the number of people allowed on a campground.

Litts reviewed a flyer from the Domes advertising an event. He noted that it was not advertising camping and was clearly an event.

Macyauski asked, is a pool party ancillary to a campground? He argued that a day-pass makes one a camper, a "day camper."

Ryan Brush argued that ancillary uses are meant to offer an extra for the campers, such as food trucks. They are ancillary and supplement the campers' experience. They are not for non-campers. He did not consider a person holding a day pass a "camper."

Litts argued that ancillary use needs to fall under what's allowed in that residential area. He proposed tying it to the zoning district and the number of people permitted on site.

Knisley remembered when the Domes' special use permit was first granted. "Be nice to your neighbors," he remembered urging at that time. He noted that the Commissioners had concerns about the neighborhood and now they were getting pushback from the neighborhood.

The Commissioners voted to table the matter.

The remainder of the meeting was devoted to a brief review of updates made to the Master Plan. Those master plan revisions will be addressed in full at the next Planning Commission meeting scheduled for Wednesday July 16 at 6:00 pm at the Casco Township Hall, 7104 107th Avenue.

Note: Julie Cowie, Founder/Editor of Casco Township News, spoke as a resident at this meeting, as noted within the story. Also, the resident of 7174 Ferndale has been identified as Dave Campbell and his comments have been clarified.