PUBLIC HEARING MAY 15, 2019

CALL TO ORDER:  6:00 p.m.

ROLL CALL AND RECOGNITION OF VISITORS:  Bette Gabe, Chairperson; Keith Erickson,

Township Board Representative; Ken Anderson, Zoning Administrator; Jay Loman, Trustee; Mary Deline, Trustee, Linnea Barron, Secretary.  Absent:  Dorothy Nankervis, Trustee, prior commitment. 

Visitors:  Pete and Jean Suomela, Burt and Raelyn Mason, Bob Kissel, Nancy and Whitey Soli, Joe and Sue Bollech, Katherine Andrews.

APPROVAL OF MINUTES:  Minutes from January 9, 2019 meeting:  Keith made a motion to accept the minutes, seconded by Jay Loman, all approved, motion carried.

Minutes from special meeting/work session, February 6, 2019:  Jay made a motion to accept the minutes, seconded by Mary, all approved, motion carried.

APPROVAL OF AGENDA:  Keith made a motion to accept the agenda, seconded by Mary, all approved, motion carried.

INTRODUCE UPDATED ZONING MAP, ZONING TEXT CORRECTIONS, AND ZONING TEXT AMENDMENTS:

1. Copies of zoning map:  Bette explained that we have had ten revisions to our zoning map.  We have been working with Steve Rouser from WUPPDR to revise the map for clarity, good colors, roads and rivers identified.  No changes to the zoning districts were made.  Copies of the map were distributed and reviewed. 

Katherine Andrews had a question about a setback of 75 feet from rivers be shown, and that is in text in our ordinance. 

Whitey Soli requested that the nature conservancies, that are not taxable, be shown as well.  We have lost revenue due to these conservancies with more land being applied for as a conservancy.  (This is unique to this area and is not a statewide issue.)  He wondered if those areas could be shown in a different color to be visible, that these properties need to be a different district or a different designation, and maybe a plan for usage.  He stated that programs like commercial forest, and qualified forest land have to have a plan for usage to qualify for programs.  Bette stated this is a tax issue and that our ordinance does not get into this. 

• ​Text corrections: 
  • In ARTICLE V – R-1B General Residential District, under Section 502. Required

Conditions, page 45; and ARTICLE VII – RR Recreational Residential, under

Section 702. Required Conditions, page 48; and ARTICLE IX – FR Forest

Resource, under section 902. Required Conditions page 51; and ARTICLE X –

FF Farm Forest Districts, section 1002. Required Conditions, page 53; and ARTICLE XI – B-1 Business District, section 1102. Required Conditions, page 55; and ARTICLE XII – Industrial District, section 1202. Required Conditions Water Frontage, page 57: 

The sentence shall read:  Small non-habitable structures such as utility buildings may be permitted within the minimum setback upon the approval of the Zoning Administrator.  (not Planning Commission)

• Article XVII – Administration; Section 1700. General Administration:

                        The provisions of this ordinance shall be administered by the Zoning

                        Administrator who shall be appointed by the Township Board.  (Not Planning                         Commission)

• Under Section 901, Special Uses Permitted (Alternative Energy Sources),                          under C. Safety:  The minimum vertical blade tip clearance from grade shall                         be seventy-five (75) feet for a wind energy system employing a horizontal                         axis rotor.  (Correction made from 20 feet to 75 feet, an oversight.)

• ​Text amendments​:
  • The amendment to the height of a utility grid wind energy system over 20 meters high and anemometer towers over 20 meters was discussed by the Planning Commission and amended to be three hundred feet (300 feet).  We felt this was necessary for aesthetic and view shed purposes.  This change can be found in Section 901, Principal Uses Permitted Subject to Special Conditions and Section

1502. Alternative Energy Sources; to read:  A Utility Grid Wind Energy System, On-site Use Wind Energy System, and Anemometer towers over 20 meters (65.6 feet) high and not to exceed 300 feet from the ground level to the tip of the wind generator blade when the tip is at its highest point, shall meet the following standards, Article XIV of this Ordinance. 

• Add to Section 1502, Alternative Energy Sources, Section 901 Principal Uses Permitted Subject to Special Conditions, Property Setbacks, #2, add letter ‘e’, to read:  Utility Grid Wind Energy Systems shall be spaced a minimum of one (1) mile apart from one another.  This was for density and less harmful to birds of all species.  The Fish and Wildlife recommendation was anywhere from ½ mile to 2 miles apart.
  • Add to Section 1502, Alternative Energy Sources, Section 901 Principal Uses Permitted Subject to Special Conditions, Property Setbacks, #1, add letter ‘d’ and #2, add letter ‘f’ to read:  d.  Anemometer towers shall meet a minimum setback of seven (7) miles landward from the shoreline of Lake Superior and Huron Bay. f.  Utility Grid Wind energy Systems shall meet a minimum setback of seven (7) miles landward from the shorelines of Lake Superior and Huron Bay.  After reviewing our Forest Resource District on the map we felt it was necessary to have a setback from Lake Superior/Huron Bay, residential areas, wetlands, rivers, and bird migration.  The Fish and Wildlife suggested anywhere from 3 to

10 miles and the Planning Commission felt 7 miles was best.   This would account for 10-12% of total township area and we were hard pressed to find anywhere that they would fit.  Bette also stated that on the seal of Michigan in latin the meaning states, “if you seek a pleasant peninsula, look about you.”

• Add to Section 1502, Alternative Energy Sources, Section 901 Principal Uses

Permitted Subject to Special Conditions, Property Setbacks, under letter “C”, Safety, add sentence:  Utility Grid Wind Energy Systems and Anemometer Towers shall have built-in fire detection systems and fire suppression systems. This was felt necessary due to the remoteness of the area and the difficulty of resources to fight a fire in that area.

• Add to Section 1502, Alternative Energy Sources, Section 901 Principal Uses Permitted Subject to Special Conditions, Property Setbacks, letter ‘H’, #2, add small letter ‘a’, to read:  Blades shall be feathered from dusk till dawn.  This is for the protection of bats as that is when they are active.

Bette also prepared references of the Planning Commission decisions for the amendments concerning Utility Grid Energy Systems with standards in our Ordinance, Land Use Plan and Recreation Plan.

OPENING OF PUBLIC COMMENTS:  Time:  6:35 p.m. 

Pete Suomela:  We are on the right track. Burt Mason:  Lots of time devoted to this.

Brian Kissel: No comment but supportive.

Joe Bolleck:  Good job.

Katherine Andrews:  Commended us.  She never thought L’Anse Township would have had to deal with this.  They trusted an engineer and didn’t do their own homework. Sue:  We have done a good job.

Close of public comments:  Time:  6:48 p.m.

PUBLIC HEARING IS CLOSED AND REGULAR MEETING AGENDA CONTINUES:

Commission members were ready to continue with all the proposed updated zoning map, zoning text corrections and zoning text amendments as presented.  Jay made a motion to accept the map, corrections and amendments, seconded by Keith.  Record of results:  Jay Loman, yes; Mary Deline, yes; Linnea Barron, yes; Bette Gabe, yes; Keith Erickson, yes. Motion approved by all and carried. 

ADJOURNMENT:  Keith made a motion to adjourn, seconded by Jay, all approved and motion carried.

Submitted by Linnea Barron, Secretary

ARVON TOWNSHIP PLANNING COMMISSION SPECIAL MEETING

February 6, 2019

CALL TO ORDER:  Meeting brought to order at 6:00 p.m.

ROLL CALL AND RECOGNITION OF VISITORS:  Bette Gabe, Chairperson; Keith Erickson,

Township Board Representative; Dorothy Nankervis, Trustee, Jay Loman, Trustee, Mary Deline, Trustee, Linnea Barron, Secretary.  There were 20 visitors, sign up sheet with names is attached with minutes.

PRESENTATION BY BURT MASON, FRIENDS OF THE HURON MOUNTAINS:  Burt Mason

presented a 3-D visual view shed (created in conjunction with Michigan Tech) of large wind turbines if they are erected in L’Anse Township.  The view shed made it clearer how visible the turbines would be from any proposed location in Baraga County as noted on a map of Baraga County.   Burt addressed several questions from those attending.  The feeling from those present was that this was very informative.

Burt also brought a scale model of a proposed wind turbine in comparison to the surrounding trees, buildings, and people.

PUBLIC COMMENT/QUESTIONS:  None.

OLD BUSINESS: 

1. Utility wind turbines – proposed amendments discussion; wording of and placement in zoning ordinance text.
   1. Height not to exceed 300 feet from tip of blade at its highest point.  Discussion to add to description on page 50, page 80 and page 88 of the Ordinance.
   1. Require a minimum distance of 5-7 miles from shorelines landward of Lake Superior and Huron Bay.  Motion made at January 9, 2019, meeting for 7 miles. This would be added to page 84, property setback, #2, under e.
   1. Require a combination of built-in fire detection system and fire suppression system for each turbine.   This would be added to page 84 under safety as a separate sentence.
   1. Require spacing of utility turbines be at least ½ to 2 miles apart from one another, or use some other measurement?  After discussion Mary made a motion and Jay seconded to have the distance be 1 mile between wind turbines, all approved, motion carried.  This would be stated also on page 84, property setback, #2, under f.
   1. Require “feathering” of blades?  Discussion of why this was necessary for protection of bats who fly at night.  Feathering means the blades would be twisted (angled) from dusk to dawn for more protection of the bats.  Motion made

by Jay and seconded by Keith to add this into the Ordinance.  This would be on page 86, H, #2, Avian and Wildlife Impact, letter a added.

• Also on page 84, under Safety, a correction was necessary from 20 feet to 75 feet in reference to the minimum blade tip clearance from grade.  (An oversight)

• There are changes in the ordinance to clarify Utility Buildings.  The zoning administrator should have authority over these and not the planning commission as stated in our zoning book. Corrections to pages 45, 48, 51, 53, 55, and 57.

• On page 118 in our Ordinance, Article XVII-Administration, Section 1700, should read The provisions of this ordinance….appointed by the Township Board; not Planning Commission. Motion changed this.

NEXT QUARTERLY MEETING DATE – April 10, 2019

ADJOURNMENT:  Jay made a motion to dismiss, seconded by Dorothy, all approved. Adjourned at 7:15 P.M.

Submitted by Linnea Barron, Secretary

ARVON TOWNSHIP PLANNING COMMISSION QUARTERLY MEETING

JANUARY 9, 2019

CALL TO ORDER:  6:00 P.M.

ROLL CALL AND RECOGNITION OF VISITORS:  Bette Gabe, Chairperson; Keith Erickson,

Township Board Representative; Dorothy Nankervis, Trustee; Jay Loman, Trustee; Mary Deline, Trustee; Linnea Barron, Secretary.  Visitors:  Wayne Abba, Tim Malloy, Heather Stiebe, Nancy Hahn, Jim Hahn, Whitey Soli, Nancy Soli, Sue Bollech, Joe Bollech.

APPROVAL OF AGENDA:  Dorothy made a motion, seconded by Mary, all approved.

APPROVAL OF MINUTES:  Two documents needed motions:  Quarterly meeting from October, a blank space was filled in by members and that was the company name of Batelle, a company that does environmental impact statements.  There was another blank that was decided was unnecessary and was crossed out – fee for building permits.  Keith made a motion to accept the minutes, seconded by Mary, all approved.  The second document was a work session meeting minutes in November.  Dorothy made a motion to accept the minutes, seconded by Mary, all approved.

SCHEDULED PUBLIC HEARINGS:  Ken Anderson was not present tonight and assumption is there are no public hearings scheduled.

PUBLIC COMMENT:  Jim Hahn voiced his concern about who we are serving, the citizens/taxpayers in this community and their interests and needs or the corporate interests of companies (foreign companies) who are subsidized by the government for industrial development of industries such as the wind turbines.  He has genuine concern that we keep in mind who we serve.

Wayne Abba stated that in the Mining Gazette there is an article that the RES (wind turbine company) has put on hold its Summit project until after the referendum in May.  Wayne stated this was good news.  He also mentioned that Burt Mason could not attend tonight but wanted everyone to know about the View Shed project that the Friends of the Huron Mountains (FOHM) had contracted with Michigan Tech to do.  This is a projection of the proposed wind turbine project from L’Anse Township that shows in a 25 mile radius the view of the wind turbines from 279 feet up.  The purpose is to see how visible the wind turbines will be from locations around the area, given an address it will show how visible the turbines are.  This will be available on-line and also Burt will do a presentation of this for anyone who requests to see it.  Burt has also produced a scale model of a wind turbine for a comparison to surrounding buildings, trees, people, etc.

Whitey Soli brought up the fine imposed on people who build structures without a permit that was approved in the October quarterly meeting.  At that meeting we imposed a fee that would be 2 ½ times for second offense.  Whitey feels this is too lenient and should be the initial penalty once discovered that a permit was absent.  If a second occurance should happen with same homeowner, he felt the penalty should be much stiffer.  This was not resolved and after discussion, we will table this until the next meeting.  Whitey also brought up the what he called the “shoebox homes” or tiny homes and the interest in them.  Jay Loman stated that maybe we should try to accommodate these homes by reducing our minimum square footage.  Whitey stated that the requirement for well/septic be code and also a foundation be present which makes it taxable.  Our square footage is 480 feet.   We do not address tiny homes in our present Ordinance as we felt that we would stick to our present 480 square footage for minimum size of home.  At this meeting no changes were made, but open for further discussion.

OTHER MATTERS TO BE REVIEWED BY THE PLANNING COMMISSION:  None.

OLD BUSINESS:

1. Progress of our the new zoning maps for the Ordinance.  Bette informed us that the maps are in the hands of Steve Rouser, from UPER, who is working on them.  He had sent what he had done for review and Bette, Linnea and Ken met to do this.  We made 12 revisions on the maps and they are now back with Steve.  Some of the revisions include points of interest, colors, readable road names and legends. 
2. Land Use Plan.  We met for a work session on this and went through the whole plan and made corrections where needed, updating information and still in need of demographic information from census reports.  There are no changes to the general body of the plan as the whole theme is protecting the environment that we have, our trees, watersheds, bodies of water, streams, as this is what draws so many to our community.  Bette stated that in 2020 there will be a new census and we may wait until then to get the plan totally updated and would involve public involvement again as to what they would want for this community.  The land use plan will also need public hearings for approval.
3. Utility wind turbines – discussion for possible amendments to existing zoning.
   1. Do we propose a height limit?  Wayne Abba offered that the FAA has a concern on height and have to consult with state and tribe.  Commission members feel that a limit needs to be set and height of 250 feet or 300 feet was discussed. Mary made a motion to set a height limit of 300 feet and that is from the top of the blade, seconded by Jay.  Vote was 4-2  with Bette and Linnea voting no, (preferred 250 feet).  Motion carried.
   1. Propose expanding distance from waters edge of Lake Superior from 5 miles at our prior meeting to 10 miles or any number in between?  Bette had spoken with an attorney versed in the wind turbines and he advised that we can set a distance of 5-10 miles from Lake Superior shores.  We needed to be careful not to zone out into the next township.  After examining a map, Jay made a motion to change our previous 5 mile distance to a 7 mile distance from the water edge of Lake Superior, seconded by Keith, all approved, motion carried.
   1. Require a combination of built-in fire detection and fire suppression system for each turbine.  At our previous meeting in October we approved requiring a fire suppression system for each wind turbine.  Research showed that a fire detection and fire suppression system would serve our needs better.  Whitey mentioned that the DNR is responsible for any forest fires that includes those started by wind turbines.  Our own fire department does not have the resources to fight forest fires.  Jim Hahn also mentioned that these companies replant with red pine that would just add to the fire hazard.  Jay made a motion, seconded by Keith, to require a combination fire detection and fire suppression system in each wind turbine, all approved, motion carried.  The company Firetrace was proposed as one to use.
   1. Require spacing of utility turbines be a least 1-2 miles apart from one another:

We discussed this and did not have all the information we needed, is it legal, etc. We tabled this until more research can be made.

NEW BUSINESS:  None.

OPEN DISCUSSION FOR ISSUES NOT ON AGENDA

1. Correspondence received:  None.
2. Planning commission members:  None.
3. Members of the audience:  Jim Hahn mentioned that these companies defoliate on a yearly basis using poisonous substances like Roundup, and could we include in our Ordinance only manual removal of vegetation, no spraying.

Heather Stiebe asked about what is the disposal for oil leaks, etc., from the turbines and that would be the responsibility of the wind turbine company.

Wayne Abba asked if we had a bond amount for the removal of the turbines.  This would include removal and recycling, not disposing of the turbines on site.

Wayne stated that FOHM can share their maps with us.  Also there is a future school seminar program on governance that includes the referendum process and how it works. Along with that, past referendums on wind turbines were 18 to 0 in favor of the referendums.

REPORT OF TOWNSHIP BOARD REPRESENTATIVE, Keith Erickson:  None.

REPORT OF ZONING BOARD OF APPEALS REPRESENTATIVE, Jay Loman:  None.

REPORT OF PLANNING CONSULTANT

NEW BUSINESS:

a. Setting public hearings, if needed.

DISCRETIONARY PUBLIC COMMENT:  Bette brought up dark sky – stargazing – and something that people really enjoy around here and why so many tourists love coming to this area.  Bette commented that when they had the cabins that their guests just laid on blankets watching the night sky, stargazing, watching an aurora borealis.  There are not many forest areas down state, making this area so attractive for tourists.  Wayne stated a concern that L’Anse Township is imposing the view of the wind turbines on us as we are the community that will see them.

Additional comment made that there will be a substantial tax benefit for Baraga County from the energy plant in Pelkie.

NEXT QUARTERLY MEETING DATE – April 10, 2019.   The planning commission felt it was necessary to have another work session to work on the Land Use Plan and updates on the Ordinance.  The date is February 6, 2019 at 6 p.m. at the fire hall. 

ADJOURNMENT:  Dorothy made a motion to adjourn, seconded by Jay.  Time of 7:23 p.m.

Submitted by Linnea Barron, Secretary