Category: Planning Commission Quarterly Meetings & Public Hearings

Arvon Township Planning Commission Quarterly Meeting

Wednesday, April 13, 2022

Call to Order:  6 p.m.

Roll Call:  Nancy Strohschein, Chairperson; Ken Anderson, Zoning Administrator; Joe Bollech, Trustee; Bob Janda, Township Board Representative; Jay Loman, Trustee; Robert Lindert, Trustee; Linnea Barron, Secretary.

Recognition of visitors:  Bette Gabe

Pledge of Allegiance:  Pledge recited.

Comments on agenda:  None.

Approval of agenda:  Robert made a motion to approve the agenda, seconded by Bob, motion carried.

Approval of minutes from January 12, 2022 quarterly minutes.  Jay made a motion to approve the minutes, seconded by Robert, motion carried.

Public comments:  None

Old Business: 

1. Planning commission comments/concerns:  Nancy is new to the chairperson position and is hoping to get caught up by July.  Noted she is doing a great job.
2. Bob Janda:  Report from Township Board Representative:  None.
3. Jay Loman:  Report of Zoning Board of Appeals Representative:  None.
4. Update on Master Plan and Recreation Plan:  Work continues on the Master Plan especially on the goals and objectives portion.  The work sessions are productive and a work session will follow this meeting.
5. Solar Energy:  Ken has reviewed two solar energy systems on Vicks Road, with two more to review.  We reviewed Baraga Township’s Solar Energy section in their ordinance and feel that this would be something we could adopt.  There was an exception to a height restriction and decision to remove this was made.  Also, all solar energy systems need a permit and inspection.  A motion was made by Nancy to accept the solar energy systems from Baraga Township into our ordinance with exclusion of height restriction, seconded by Robert.  All approved and motion carried.
6. Off-grid living:  Ken presented a map showing a development off of Karschney Road with seventeen (17) parcels, some of which are sold.  The map shows easement but not to all the parcels. 
7. Ken stated there are ten (10) new homes going up in the township; Townline Rd, Black Creek Rd, St. Syr, Paulson Rd, Karschney Rd, Miron Drive, Sicotte Rd, Ravenwood, and Park Road.
8. At the January quarterly meeting, we discussed the request from Ken to make a change on page 27 in the ordinance under Recreational Unit, to delete the word ‘tent’ from the definition.  Also, to add a new definition for ‘tent’ to read:  Tent:  A temporary movable fabric or membrane shelter or enclosure for transient recreational activities.  A motion was not made at that time and at this meeting Nancy made a motion to make the change to delete the word ‘tent’ on page 27, and to add the new definition for tent to the ordinance.  Linnea seconded, and all approved, motion carried.

New Business: 

1. Correspondence received:  None.
2. Annual report to Township Board.  Nancy will get minutes from previous annual reports.
3. Dark Skies plan and requirements:  Robert shared information he had for a Dark Skies designation and steps to take to handle the lighting around Arvon Township now to address bright lighting.
4. Robert and Nancy are our new members and attended a Michigan Association of Planning training class.  They found this beneficial. 

Next Quarterly Meeting:  July 13, 2022, 6 p.m. at the Firehall or Townhall.

Adjournment:  Bob made a motion to adjourn, seconded by Joe, motion carried.  Time adjourned:  7:02 p.m. Submitted by Linnea Barron, Secretary

ARVON TOWNSHIP PLANNING COMMISSION QUARTERLY MEETING

JANUARY 12, 2022

MINUTES

CALL TO ORDER:  6:10 P.M.

ROLL CALL AND RECOGNITION OF VISITORS:  Nancy Strohschein, Trustee; Dorothy Nankervis, Trustee; Robert Lindert, Trustee; Bob Janda, Township Board Representative; Linnea Barron, Secretary, Acting Chariperson.  Absent:  Joe Bollech, Trustee, illness; Jay Loman, Trustee, unknown reason.  Guest:  Bette Gabe.

PLEDGE OF ALLEGIANCE:  Pledge recited.

APPROVAL OF AGENDA:  Nancy made a motion to approve the agenda, seconded by Dorothy.  All approved, motion passed.

APPROVAL OF MINUTES:  Nancy made a motion to approve the minutes from the October 2021 quarterly meeting, seconded by Bob.  All approved, motion passed.

SCHEDULED PUBLIC HEARINGS:  None.

PUBLIC COMMENT:  None.

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

OLD BUSINESS:

1.  Solar energy:  We discussed that our ordinance does not address this in any detail.  We feel it may be necessary to include it in our ordinance.  Individuals can install solar panels on their property.  So far no interest in building a solar farm has occurred in this township.  Concerns of maintenance, feasibility, etc. were discussed.  Marquette county has a solar farm going up in Sands Township, 2300 acres, called the Superior Solar Project.  We decided we would each check various other townships on-line as to how they address solar energy.  We already have information from Baraga Township.
2. Master Plan:  We went through Section 5 that Jason McCarthy had revised per our corrections.  Section 5, Existing Land Use, looked good.  We worked hard on Section 6, Community Services, Recreation & Culture.  There were questions that Jason included for us to answer, which we could on some and need to inquire on others.  We made some corrections and included updated material.  The recreation portion of Section 6 was revised quite a bit.  We added Roland Lake information, portions of Aura that belong to Arvon Township such as the Town Hall and ballfield.  We clarified the waterfront parcels that the township owns, and areas of recreation on the Huron River.  We will still work on some of the wording on those changes.   Section 6 still needs work.

OPEN DISCUSSIONFOR ISSUES NOT ON THE AGENDA:

1. Correspondence received:  None.
2. Planning commission members concerns, if any:  None.
3. Members of the audience concerns:  None.

REPORT OF TOWNSHIP BOARD REPRESENTATIVE, Bob Janda:  None.

REPORT OF ZONING BOARD OF APPEALS REPRESENTATIVE, Jay Loman.

REPORT OF PLANNING CONSULTANT:  No consultant yet.

NEW BUSINESS:

1. Tents:  Ken requested a change on page 27 in the ordinance under Recreational Unit, to delete the word ‘tent’ from the definition.  Make another definition for ‘tent’ to read:  Tent:  A temporary movable fabric or membrane shelter or enclosure for transient recreational activities.  Ken had another request regarding tents under Article XV General Provisions Section 1511 Temporary Uses that was overlooked by me and will be discussed at a future meeting. 
2. Off-grid provisions.  Ken has been getting requests for allowable off-grid provisions.  Ken printed off that the only allowable provisions he has available is for sanitation facilities from Upper Peninsula Environmental Health Care and the Michigan Residential Code Section 306 Sanitation & Technical Bulletin Requirements for Plumbing Fixtures for Remote Cabins.  Ken also has checked with other townships regarding this and finding nothing.  Per our discussion, we were not sure there is anything more to address than sanitation concerns.  We will table this topic for future discussion, especially when Ken can attend.
3. Junk Storage and Accumulation.  Ken wanted us to discuss if we need to have something in the ordinance on this.  We printed off what Ovid Township included in their ordinance on this issue, and we discussed it.  Ovid’s ordinance on this were thorough, rather strict, with provisions to follow up on it.  We felt if there was a kinder way to approach this, such as encouraging cleanup for increased property value.  We respect property owners’ rights, and this discussion should be shared with the community.

DISCRETIONARY PUBLIC COMMENT:  None.

NEXT QUARTERLY MEETING DATE:  Wednesday, April 13, 2022, at 6 p.m. at the fire hall.

ADJOURNMENT :  Bob made a motion to adjourn, Robert seconded it.  All approved, motion carried.  Meeting was adjourned at 8:22 p.m.

Submitted by Linnea Barron, Secretary, Acting Chairperson

ARVON TOWNSHIP PLANNING COMMISSION QUARTERLY MEETING

OCTOBER 13, 2021

MINUTES

CALL TO ORDER:  6:20 P.M.

ROLL CALL AND RECOGNITION OF VISITORS:  Joe Bollech, Trustee; Jay Loman, Trustee; Bob Janda, Township Board Representative; Nancy Strohschein, Trustee; Linnea Barron, Secretary, Ken Anderson, Zoning Administrator.  Absent:  Dorothy Nankervis, illness.  Guest:  Bette Gabe and prospective member Robert Lindert.

PLEDGE OF ALLEGIANCE:  Pledge recited.

APPROVAL OF AGENDA:  Jay made a motion to accept the agenda, seconded by Bob.  All approved

APPROVAL OF MINUTES:  Nancy made a motion to accept the minutes, seconded by Jay.  All approved.

SCHEDULED PUBLIC HEARINGS:  Possible hearing for a request to build less than our 480 sq ft limit.

PUBLIC COMMENT:  Bette gave an overview of what a chairperson’s duties are.

OTHER MATTERS TO BE REVIEWED BY THE PLANNING COMMISSION:  Ken brought up new construction on Witz Rd, 2-story home with boathouse next spring.

OLD BUSINESS: 

1. Solar energy:  Ken has checked out some solar systems installed, one of which is a very nice set-up with a price tag of $62,000.  He will have more information at the next meeting.
2. Master Plan.  Meeting set up for October 19^th at 6 p.m. to go over what Jason sends us.

OPEN DISCUSSION FOR ISSUES NOT ON THE AGENDA:

1. Correspondence received:  None.
2. Planning commission members concerns, if any:  None.
3. Members of the audience concerns:  None.

REPORT OF TOWNSHIP BOARD REPRESENTATIVE, Bob Janda:  None.

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

REPORT OF PLANNING CONSULTANT: 

NEW BUSINESS:

1. Who wants to be chairman:  Jay Loman?
2. Any other business to be brought before the commission:  None.

DISCRETIONARY PUBLIC COMMENT:  None.

NEXT QUARTERLY MEETING DATE:  January 12, 2022 at 6 p.m. at the fire hall.

ADJOURNMENT:  Bob made a motion to adjourn, seconded by Nancy, all approved.  Meeting adjourned at 7:50 p.m.

Submitted by Linnea Barron, Secretary

CALL TO ORDER:  6:00 p.m.

ROLL CALL AND RECOGNITION OF VISITORS:  Bette Gabe, Chairperson; Dorothy Nankervis, Trustee; Mary Deline, Trustee; Joe Bollech, Trustee; Keith Erickson, Township Board Representative; Kenny Anderson, Zoning Administrator; Linnea Barron, Secretary.  Absent:  Jay Loman, unknown reason.  Visitors:  Irene Fisher.

PLEDGE OF ALLEGIANCE:  We started our meeting with the pledge of allegiance.

APPROVAL OF AGENDA:  Dorothy made a motion to accept the agenda, Mary seconded, all in favor, motion carried.

APPROVAL OF MINUTES:  Mary made a motion to accept the minutes for the quarterly January 8, 2020 meeting, seconded by Keith, all in favor, motion carried.  Dorothy made a motion to accept the minutes for the Feb. 25, 2020 work session, seconded by Mary, all in favor, motion carried.

SCHEDULED PUBLIC HEARINGS:  Public Hearing on the proposed amendments to our wind turbine section in the Ordinance is on August 10, 2020, at 6 p.m. at the Arvon Township Town Hall.  Bette discussed the process for the meeting.

PUBLIC COMMENT:  Irene reserved her comment to our second public comment.

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

OLD BUSINESS

a. Proposed zoning amendments in regard to utility wind turbines; overview and suggested changes by Attorney Joshua Nolan.  There were just a few suggestions by the attorney to our amendments and are as follows: 

1.  Section 1502 (D) – change “Allow use of wind turbine…”  to “Allow operation of wind turbine…”’ 

2.  Section 1502 – Onsite – (D) Remove from D. Sound Pressure Level…”This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms.”  It is not mentioned in the utility grid section and the on-site regulations should mirror the utility grid to avoid any “equal protection” claims. 

3.  Section 901 (A)(2)(c) and (d):  The 1.5 times height seems inconsistent with the 2,500’ setback due to the height of 330’ height limit.  Suggested we either increase the multiplier 5 times the height or eliminate it altogether.  We chose to eliminate the 1.5 times the height and used the distance of 2,500 feet from the property line….. 

4.  Section 901 (B):  The following was added for clarification:  “Noise measurements shall be conducted consistent with ANSI S12.18 Procedures for Outdoor Measurement of Sound Pressure Level and ANSI S12.9 Part 3 (Quantities and Procedures for Description and Measurement of Environmental Sound — Part 3:  Short-term Measurements with an Observer Present), using Type 1 meter, A-weighting, Fast Response.”

5.  Section 901 (C):  Suggestion to remove the phrase “industry standards” as it can mean something different depending on the wind industry representative.  We changed it to read, “All solid waste whether generated from supplies, equipment, parts, packaging or operation or maintenance of the facility, including old parts and equipment, shall be removed from the site within thirty (30) days of the date such solid waste was generated.”

6.  Section 901 (H)(2):  Change the language of “maximum and most up to date technology”.   A letter A was added to include the following:  Turbines must include technology acceptable to the Township that minimizes the risk of harm….”   Also a letter B was added to read:  “The applicant must comply with US Fish & Wildlife Guidelines concerning the siting and operation of industrial wind turbines.”

7.  Section 901(H)(4):  change to “A decommissioning plan acceptable to the Township shall be provided….. (This wording was added).

8.  Site Plan Review, Section K:  Type corrected from ANSI 512.9 to read ANSI S12.9.

After discussion, a motion was made by Mary to accept the changes to our amendments, seconded by Dorothy, all agreed and motion carried.

b. Master Plan updates and timeline:   Jason McCarthy has been working on our Master Plan and submitted an extended timeline due to the COVID-19 virus.  We need a public open house before the snowbirds leave to be able to continue to work on this.  He has been working on the history of the area, some demographics and will be applying census data when available. 

OPEN DISCUSSION FOR ISSUES NOT ON THE AGENDA:  

1. Correspondence received:  None except the update from Jason McCarthy.
2. Planning Commission members concerns:  Get this done.
3. Members of the audience concerns:  Think we are doing an awesome job.

REPORT OF TOWNSHIP BOARD REPRESENTATIVE, Keith Erickson:  None.

REPORT OF ZONING BOARD OF APPEALS REPRESENTATIVE:  Jay Loman:  Absent

REPORT OF PLANNING CONSULTANT:  No consultant

NEW BUSINESS:

1. Any new business:  None.
2. Setting public hearing dates or work sessions, if needed:  Already covered above.

DISCRETIONARY PUBLIC COMMENT:  Irene presented an idea for our township due to her interest in a TV show “Flea Market Flip” that is popular.  She suggested having a designated flea market in Arvon Township on a regular basis (seasonal ?).  This will fall under our Master Plan when we have an open house for these kinds of suggestions. 

Keith brought up about the Potter’s Field at the cemetery having gravel leveled and putting a plaque with the names of those buried there. 

Kenny brought up needing a definition for junk yard.  A definition for blight already exists in the Ordinance.  Discussion followed if there is a difference between the two, as there can be various opinions on this.

NEXT QUARTERLY MEETING DATE:  October 14, 2020, 6 p.m. at Skanee Town Hall. ADJOURNMENT:  Mary made a motion to adjourn, seconded by Joe, all agreed, motion carried.  Adjournment at 7:10 p.m.

ARVON TOWNSHIP PLANNING COMMISSION PUBLIC HEARING
AUGUST 10, 2020
CALL TO ORDER: 6:00 p.m.
ROLL CALL AND RECOGNITION OF VISITORS: Bette Gabe, Chairperson; Dorothy Nankervis, Trustee; Joe Bollech, Trustee; Mary Deline, Trustee; Keith Erickson, Township Board Representative; Linnea Barron, Secretary. Absent: Jay Loman, Trustee, unknown reason.
Visitors included: Sue Bollech, Irene Fisher, Jeanette Baker, Nancy Strohschein, Wayne Abba, Marie Stiebe, Catherine Andrews, Jay Fish, Ken Andersen.
PLEDGE OF ALLEGIANCE: The pledge of allegiance was recited.
APPROVAL OF MINUTES: A motion to accept the minutes from the July quarterly meeting made by Keith, seconded by Dorothy, all agreed, motion carried.
APPROVAL OF AGENDA: Mary made a motion to accept the agenda, seconded by Dorothy, all agreed, motion carried.
PRESENTATION OF ZONING TEXT AMENDMENTS AND NEW DEFINITIONS:
Available to all present were copies of the new definitions and changes made to the amendments on the wind energy portion of our ordinance.
Bette started the presentation by presenting the new definitions. It was clarified that these definitions were added as they appear in the amendments. Next Bette presented the amendments page by page bringing attention to anything in bold print indicating a change. These changes include a height limitation of 330 feet per turbine; distance from Lake Superior be 5 miles landward in the forest resource district; guidelines for siting and use of wind turbine structures and testing towers; sound pressure level; shadow flicker; property setbacks; distance between turbines; safety; avian and wildlife impact; decommissioning; complaint resolution; change in ownership; liability insurance.

OPENING OF PUBLIC COMMENTS: Jay Fish thanked us for a great job on these amendments. He expressed concern about the roads and the addition of transmission lines to utilize the electricity generated. We do not address this in our amendments as there is no way to measure this until the turbine location is known. Katherine Andrews interjected that the proposed transmission lines of the wind energy system for L’Anse Township would have been 28 miles, and Arvon Township is farther away. Jay stated he is an active outdoor enthusiast who likes to see the area stay the same with all the wonderful outdoor activities available to us. Wayne Abba also was in favor of the amendments and thanked the planning commission for their hard work. He was glad to see the addition of a decommissioning plan and security guarantee. Jeanette Baker was in favor of the amendments and thanked us. In explaining the distance from the shores of Lake Superior for any proposed wind turbines, Bette stated that we were advised to change from 7 miles to 5 miles by attorney, Josh Nolan. The US Fish and Wildlife Service guidelines are now 3 miles but they and other avian and conservation groups are looking to recommend 5 miles, with some suggesting 10 miles. Jeanette suggested that we include in our amendments that the distance be 5 miles or as recommended by the US Fish and Wildlife Service, whichever is greater. Jeanette questioned why we had reference to shadow flicker on page 3 and on page 11. Keith stated that on page 3 shadow flicker is pertaining to on-site wind turbines, not the utility grid turbines. She then felt on page 11 that the non-participating property lines with direct line-of-sight to a wind turbine was confusing. She stated that even though she cannot see the wind turbine there could be shadow flicker. She felt that the sentence should read non-participating properties, and omit the rest of the sentence. Jeanette also suggested on page 5 that we add to the sentence on fire detection systems and fire suppression systems the words “acceptable to the Township”. Nancy Strohschein is also in favor of the amendments. On page 9 of our amendments, she questioned on letter H. (water bodies, waterways, etc) the sentence on newly constructed WECS access roads may not impede the flow of water. A discussion on what a flow of water was addressed, is it a trickle or a torrent. Also there may be flow of water in the spring and not anymore in the summer. The definition of a river bed/bank was discussed and Jay stated that an area that shows a definite river bed and banks would be where a flow of water was present even if dry. Irene Fisher also added how the access roads could deteriorate just getting the turbines in place. She stated that at the Pine Ridge wind farm one turbine took 52 semi-loads of cement or concrete for one turbine. She felt this would impact the roads, water bodies, creeks, etc., in a negative way, especially in our area. Keith referred to the pre-application permit section in our amendments that covers this on #3, environment, a and b. These are the studies necessary before the application will be accepted. This would be in the Environmental Impact Statement. It was suggested that we add a sentence referring to this information on page 5, letter H. Nancy also wondered about the last item about liability insurance if the amount of $5,000,000 was sufficient and was it for the whole turbine system or per turbine. We discussed this and feel this needs to be clarified. Sue Bollech favored the amendments and agreed with the comments made. Irene Fisher favored the amendments and the good discussions. She felt that our wind turbine ordinance could be a model for other townships. Marie Stiebe favored the amendments and thanked us. Ken Anderson, our Zoning Administrator, had no comments.

ACKNOWLEDGE CORRESPONDENCE AND PHONE CALLS, IF ANY: Burt Mason voiced his support for our amendments and stated he would be unable to attend our hearing due to having to attend another meeting. No other calls or correspondence were received.

RECOGNIZE AND NOT SUPPORT AND/OR OPPOSITION TO ABOVE PROPOSALS: The proposed amendments were supported by those in attendance.

PUBLIC HEARING IS CLOSED AND REGULAR MEETING AGENDA CONTINUES: Bette at this time closed the public hearing portion at 7:10 p.m. and regular meeting commenced.

COMMISSION MEMBERS DISCUSS AND DELIBERATE ON PROPOSED UPDATED ZONING TEXT AMENDMENTS AND DEFINITIONS TO BE ADDED AND ANY MODIFICATIONS, IF ANY: The Planning Commission felt that the suggestions from the public were valid and we made the following modifications to our amendments”

1. On page 4, #4, shall read: Utility grid wind energy tower shall meet a minimum setback of five (5) miles or the recommended setback of the US Fish & Wildlife Service, whichever is greater landward from the shorelines of Lake Superior and Huron Bay.
2. On page 5, under Safety, last sentence, shall read: Utility grid wind energy towers shall have built-in fire detection systems and fire suppression systems acceptable to the Township.
3. On page 9, letter H., add the following sentence: Refer to the Pre-application Permit on page 5, #3, Environment, letters a and b, for reference.
4. Page 10, #4, change Environment Analysis to Environmental Impact Statement.
5. Page 11, #6, Shadow Flicker, change second sentence to read: The analysis shall include potential shadow flicker created by each proposed wind turbine in any non-participating properties.
6. Page 12, Liability Insurance: We discussed whether to have the amount pertain to per turbine or the whole system. Many felt that if for a whole system it was not enough. Bette will contact attorney, Josh Nolan, on this.
   A MOTION IS CALLED FOR; A VOTE IS CALLED FOR, AND RESULTS RECORDED: A motion was made by Keith and seconded by Mary to approve the modifications to our proposed amendments that resulted from our discussions with the public. Joe Bollech, yea; Dorothy
   Nankervis, yea; Mary Deline, yea; Keith Erickson, yea; Linnea Barron, yea; Bette Gabe, yea. Motion carried. A final draft of this will be sent to our Township Board for their consideration.
   ADJOURNMENT: Joe made a motion to adjourn, seconded by Dorothy. All agreed, motion carried. Adjourned at 7:35 p.m.
   Submitted by Linnea Barron, Secretary

ARVON TOWNSHIP PLANNING COMMISSION SPECIAL MEETING

LAKESIDE INN, BARAGA, MI NOVEMBER 6, 2019

CALL TO ORDER:  6:00 p.m.

ROLL CALL AND RECOGNITION OF VISITORS:  Bette Gabe, Chairman; Dorothy Nankervis, Trustee; Mary Deline, Trustee; Joe Bollech, Trustee, Jay Loman, Trustee.  Absent:  Keith Erickson and Linnea Barron due to prior commitments.  Visitors:  Attorney Joshua Nolan on-screen via teleconference (in real-time); Burt Mason, moderator for teleconference; and eighteen persons in the audience (list of attendees filed with minutes).

PLEDGE OF ALLEGIANCE:  The pledge of allegiance was recited.

APPROVAL OF AGENDA:  Motion made by Dorothy Nankervis to accept the agenda, seconded by Mary Deline.

OLD BUSINESS:  Chairperson, Bette Gabe, gave a short presentation on the status of the proposed utility WECS amendments developed by the planning commission board up to this point.  She explained that the board is seeking additional legal counsel based on a short presentation from township attorney Steven Tinti on October 7, 2019.  His recommendation was to have zoning amendments that are defendable in a court of law.

NEW BUSINESS:  A teleconference was set up with attorney Joshua Nolan to share legal information concerning WECS amendments.  The main request of the planning commission board was to gain information to develop ordinances that will stand up in a court of law.  He stressed the need to show a rational reason between zoning and the health, safety and welfare of the citizens.  Attorney Joshua Nolan felt some proposed amendments were not defensible and some were.  He critiqued all five proposed changes as well as giving his legal opinion on other sections of the industrial WECS section of the Zoning Ordinance.

Much information was shared with the board to take back and use to amend the Wind Energy Systems (WECS) Zoning Ordinances of Arvon Township.  The information will align with the advice from attorney Steven Tinti and give the board members a rationale for zoning ordinances.  With this information in place all proposed amendments, as well as other sections should be defendable in a court of law.

PUBLIC COMMENT:  Several members shared information regarding setbacks, zoning information from other townships and their opinions.

ADJOURNMENT:  Motion made by Dorothy Nankervis, seconded by Joe Bollech, adjournment at 7:12 p.m.

Submitted by Mary Deline for absent Secretary Linnea Barron