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Metropolitan Planning Commission Meeting MinutesCALHOUN COUNTY METROPOLITAN PLANNING COMMISSION September 24, 2007 The Regular Session of the Calhoun County Metropolitan Planning Commission convened at 4:02 p.m., Monday, September 24, 2007 in the Planning Office Conference Room, Calhoun County Building, 315 West Green Street, Marshall, Michigan. Roll Call: Present: Comrs. Daniel Kesselring, Larry Rizor, Dian Schubel and Robert Bolton. Excused: Comrs. Mike Rae and Becky Rocho. Absent: Comr. Clarence Millard. Also Present: Planning Consultant Jennifer Bomba and Deputy Clerk/Board Aide Mary Lou Barrett. APPROVAL OF AGENDA:
COMMUNICATION: Consultant Bomba presented an Calhoun County Address Summary dated September 4, 2007. TOWNSHIP PLANNING AND ZONING COORDINATION: Case #09-07-01, Convis Township - Zoning Text Amendments Regarding the Regulation of Animals Ms. Bomba advised that the submittal is from the Convis Township Planning Commission that has developed new language to include in Article 6 of the Convis Township Zoning Ordinance regarding regulation of animals within the agricultural district. Ms. Bomba stated that in addition, the Township Planning Commission intends to include a definition of animal in Article 19, Definition and Construction of Language. Ms. Bomba stated that she believes it is in the Township’s best interest to define their intent with the keeping of domestic and exotic animals and livestock, and recommended approval of the proposed text amendments.
Comr. Kesselring stated that he believes the definition of a non-native animal under (5A) should be more explicitly defined. Comr. Bolton stated that if the definition refers back to GAAMPS, it is probably alright. Comr. Kesselring addressed “animal units” within Section 10.25 - High Density Animal Feeding Operations, advising that there were several definitions of animal units in use not too many years ago, and there had been debate regarding which definition would be used. Comr. Kesselring stated that the definition of “animal unit” should refer to State of Michigan Department of Agriculture Generally Accepted Agricultural Management Practices (GAAMPs). Comr. Kesselring further addressed Section 10.25, g., stating that the section should state which GAAMPs standard, pointing out that there are several GAAMPs standards; further, stated that he would strike all the following information under g. and just have g. “as required by GAAMPs.”
Case #09-07-02, Athens Township - Zoning Text Amendments Regarding P.A. 110 of 2006, Manufactured Homes, and Rural Businesses Ms. Bomba advised that the Athens Township Planning Commission has reviewed their Zoning Ordinance and propose a variety of amendments. Ms. Bomba stated that in addition to the amendment referencing Public Act 110 where applicable and defining the new regulations where necessary, the Township Planning Commission proposes to include the definition of rural business and provide for such uses as a conditional use in the agricultural district. New language is also added in Article 14 - Supplemental Regulations as the specific regulations pertaining to rural businesses. Ms. Bomba advised that rural businesses must be incidental to the primary use of the property and limited to the garage or an accessory building; further, there shall be no more than one full-time employee or five part-time employees other than members of the family residing on the premises. All activities must be fully enclosed and only one external sign is permitted. Ms. Bomba continued that rural businesses will be required to meet parking needs specified for retail stores. Ms. Bomba further advised that the Township Planning Commission also proposes to amend the minimum width required for single family homes from 14 feet to 24 feet to promote aesthetic compatibility between all housing stock in the Township. Ms. Bomba stated that the language regarding rural businesses has been developed to respond to the desires of the residents, and that the Township believes they can enforce the rural businesses usage. Ms. Bomba recommended approval of the proposed amendments.
Comr. Rizor stated that he believes 24 feet for a manufactured home is restrictive because most homes being developed are narrower; further, pointed out that Section 14.17 f. attempts to control the design. Comr. Rizor stated that there is a wide variety of manufactured homes now, and that he believes attempting to control the design is “getting onto a slippery slope.” Chairperson Schubel questioned whether it might be better to change the regulation to square footage. Comr. Kesselring commented that he believes the Township is attempting to discriminate against single-wide trailers. Comr. Rizor stated that he believes Section 14.17 g. is also very restrictive, pointing out that there are more and more manufactured homes which he believes will become the market more than custom stick-built homes. Comr. Kesselring questioned how the Township proposes to enforce f. wherein homes must be aesthetically compatible in design and appearance with homes within the area. Chairperson Schubel responded that there could be a committee. Comr. Rizor advised that aesthetic standards can be controlled through Department of Interior standards within a historic district; however, that type of district is the only one in which he is aware. Comr. Kesselring addressed Section 15.20, Provision 6., questioning “injurious to the general character” of what; and stated that “of the surrounding area” should be added.
Case #09-07-03, Fredonia Township - Zoning Text Amendment Regarding New Language Governing Wind Energy Conversion Systems Ms. Bomba advised that the Fredonia Township Planning Commission worked with their land use consultant to develop language to govern wind energy conversion systems. The proposed language provides for such uses as conditional uses in all zoning districts and specific requirements to minimize any conflict between the conditional use and permitted uses. Ms. Bomba advised that the proposed language includes certain requirements for site plan, lot size, height, noise, etc. Ms. Bomba recommended approval of the proposed text amendment.
Comr. Rizor stated that he believes the Township should have a feasibility study conducted to determine the economic viability of such systems. Comr. Rizor commented that he does not believe a wind energy system is going to be a viable thing for Fredonia Township. Chairperson Schubel pointed out that from a zoning standpoint, the Planning Commission cannot demand that the developer prove whether the system can make money or not. Chairperson Schubel stated that she believes requiring proof of insurance accompany the conditional use permit application is kind of “jumping the gun,” and does not belong within the application process, nor should the underwriters label being attached to the base of the tower be part of the application process. Comr. Kesselring noted that the word “that” is stated twice within A. - Definition of wind energy conversion systems. Comr. Rizor noted that the language provides for a decommission plan and site reclamation which he believes is good.
Case #09-07-04, Albion Township - Public Act 116 Application Ms. Bomba advised that an application for farmland agreement has been submitted by Stephen and Carol Konkol for approximately 123 acres located in Sections 8 and 9 of Albion Township. The specific parcel consists of approximately 77 acres of cultivated land, 20 acres of cleared, fenced or pasture land, and 26 acres of undeveloped land. Ms. Bomba advised that the property does not include any buildings. Ms. Bomba stated that the applicant has requested a 90 year agreement. Ms. Bomba stated that the application is valid and recommended that it be recommended for approval by the Michigan Department of Agriculture.
Chairperson Schubel noted that the applicants’ social security numbers, address and signatures on the application were not redacted.
Case #09-07-05, Fredonia Township - Public Act 116 Application Ms. Bomba advised that an application for farmland agreement has been submitted by Douglas and Angela Myers for approximately 151 acres located in Section19 of Fredonia Township. The specific parcel consists of approximately 134 acres of cultivated land and 17 acres of undeveloped land. Ms. Bomba advised that the property does not include any buildings. Ms. Bomba stated that the applicant has requested a 10 year agreement. Ms. Bomba stated that the application is valid and recommended that it be recommended for approval by the Michigan Department of Agriculture.
Case #09-07-06, Leroy Township - Public Act 116 Application Partial Termination Ms. Bomba advised that a request for partial termination of a farmland agreement has been submitted by James and Teresa Elwell for three acres located in Section 7 of Leroy Township. The existing agreement was initiated for approximately 150 acres in November of 2005 for a period of time expiring December 31, 2012. Ms. Bomba stated that the Act allows them to remove 2 acres out during the time of the agreement. Ms. Bomba stated that she does not know whether the rules have changed to allow for more than the 2 acres to be removed. Ms. Bomba advised that the property proposed for termination includes a residential building along with acreage classified as untillable. The house was a rental home and the renters are purchasing it and want it out of the agreement. Ms. Bomba stated that because the termination request includes an existing residential building and a new building site is not being created, she believes the request should be granted and recommended the request for termination be recommended for approval by the Michigan Department of Agriculture.
Comr. Kesselring inquired whether the three acres could be split out and sold without going out of the P.A. 116 agreement. Ms. Bomba responded that she does not know. Comr. Kesselring inquired what is the minimum lot size in Leroy Township. Ms. Bomba responded three acres. Comr. Rizor questioned whether the applicants have to repay the taxes on the property being removed from the agreement, pointing out that the applicants had five years of tax credit. Ms. Bomba responded that she does not know. Chairperson Schubel stated that the applicants have been “double dipping,” receiving the tax credit and receiving rent. Chairperson Schubel inquired whether members would like more information prior to making a decision. Comr. Rizor commented that there is an odor on this request, and stated that there must be something to prevent abuse. Ms. Bomba pointed out that the Planning Commission is only making its recommendation, that the state will make the final decision. Ms. Bomba further pointed out that in the nine years she has been doing the P.A. 116 agreements, she has only received two termination requests. Comr. Rizor stated that he can support the recommendation on the basis that the state will enforce the penalty clause for early withdrawal and because the request meets zoning requirements.
STAFF COMMENTS: Agricultural Preservation Board Report Ms. Bomba addressed the invitation to the Agricultural Preservation Board’s Annual Land Use Tour on Friday, October 5. Ms. Bomba stated that the tour is in conjunction with the Albion A-Maizing Corn Harvest. Ms. Bomba advised that buses will depart from the Caring Community Church at 4:30 p.m. and travel to Harrison’s Orchard for the tour and a brief program on the fruit market in Michigan presented by a Michigan State University educator. Buses will return to St. John’s Catholic Church for a spaghetti dinner and an update from the Agricultural Preservation Board. Ms. Bomba advised that the Agricultural Preservation Board is paying for the dinner and that dinner tickets shall be issued on the bus. Ms. Bomba presented the Agricultural Preservation Board’s new brochure, “Calhoun County Agriculture-What’s it Worth,” printed in cooperation with Calhoun County Farm Bureau. Ms. Bomba reported that the Agricultural Preservation Board is in the process of commissioning an ag appraisal of 125 acres in Eckford Township in an effort to purchase the development rights. Ms. Bomba advised that the Board must have an option with the owner before applying for state funding. Ms. Bomba stated that the owners of the top ranking farm have committed to provide a thirty percent match which the Board hopes shall make the application more competitive. Ms. Bomba advised that she met the family last week and believes they will be good spokespersons for the program. Member Resignation Ms. Bomba advised that Clarence Millard has resigned and refuses to submit a written resignation. Ms. Bomba stated that Commissioners Kesselring’s and Rizor’s appointment terms expire at the end of the year, and requested they advise her regarding their interest in continuing to serve on the Commission at the next meeting. Ms. Bomba stated that if members have someone in mind who would be interested in serving, it would be helpful. MEMBER COMMENTS: Chairperson Schubel advised that she will not be able to attend the October 22 meeting and inquired whether Vice Chairman Kesselring is available. Comr. Kesselring responded yes, and advised that if there is not a quorum at the meeting, the meeting shall not be conducted. ANNOUNCEMENTS: Chairperson Schubel announced that the next CCMPC meeting is scheduled for October 22, 2007 at 4:00 p.m. ADJOURNMENT: The meeting adjourned at 5:45 p.m. at the call of the Chairperson.
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