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[18:25]
stroke. We're going to add that as part
of that and Ken will modify that to
[18:29]
reflect the fact that we get an annual
report from the zoning administrator and
[18:34]
then we have a two-year
um certified person looking at this. Um
[18:39]
Upon or prior to the expiration of the
permit, the planning commission may
[18:44]
approve renewals of the permit for
successive periods of not more than two
[18:47]
years in duration,
comma.
[18:51]
Um, and then I think we need to add if
the applicants operations are uh
[18:57]
proceeding according to approved plans,
they have to have criteria, right? And
[19:03]
so the criteria is they're they're
operating according to the plans we
[19:08]
approved. Does that make it more money
or is that um
[19:12]
we have to have criteria for them?
[19:18]
I think that adds clarity if the
applicants operations are proceeding
[19:21]
according to approved plans and then the
zoning administrator.
[19:28]
Any feedback on that?
[19:34]
We just making it more.
>> I think I'm trying to simplify it.
[19:39]
» I think it's just enough that you don't
need to come back before us,
[19:45]
» you know, going according to what was
presented.
[19:50]
» Yes.
>> ZA looks at we're good. You're good.
[19:53]
We'll see you in two years.
>> Yeah.
[19:56]
We're going to elaborate more on that
very point in on line 498 58 to to drive
[20:03]
your point home. Dave, um before we get
there, the last I'm going to go in order
[20:07]
here. Line 397, hours of operation, we
had talked about I said I would figure
[20:13]
out what other people are doing and give
you what I learned. And so, um for
[20:20]
So, what I learned is that
um Riley does not have I looked on their
[20:27]
website. They don't have any um
companywide
[20:32]
they don't have any companywide policy.
They go by the zoning ordinances. The
[20:36]
cloth Riley and Haz Township starts at
7:15 a.m. They generally start 7 and
[20:42]
work till 7 Monday through Friday. Um
Guy White on Wayne City East Jordan Road
[20:48]
in the summer they start at day and
daylight and I know my husband out the
[20:55]
door. So, and then they start later when
the light goes away. If you do a quick
[20:59]
little search, you'll find out that we
have 35 days where it's light at 6 a.m.
[21:04]
So, it's a very short window. I know
that road building is very seasonal.
[21:10]
Um,
what would you like to do for a start
[21:13]
time? That's what I know about what's
currently happening in a couple markets.
[21:18]
» If you looked at the ordinance from that
they sent for the data centers,
[21:24]
All 7 to 7, 7 to 5:30, stuff like that.
So, seems like most places start at 7.
[21:32]
» Well, now construction crews don't start
at 7. And I'm the only one that lives
[21:36]
next to this group live next to the
biggest the pallet and they start when
[21:42]
they have a something. They might start
usually six o'clock. You're going
[21:47]
sometimes earlier, sometimes later.
But again, if you're in the concrete
[21:52]
business, you know, it's going to be hot
or you rain, you're ser I know a crew
[21:58]
and
in Gaylord, they'll time for you at 4
[22:02]
a.m. deliver
and they're done by
[22:07]
quit.
And
[22:12]
» I don't think I I don't think 6 a.m. is
[22:18]
and you know we're not talking about
3:00 a.m. or 4 a.m. It's 6 o'lock in the
[22:23]
morning. My kids are getting up at 6:20
to get ready for school.
[22:28]
I don't know why we have to push it so
late for
[22:33]
I don't know why 6 a.m. is
>> okay. So you feel strongly about that?
[22:37]
How about we split the
6:30
[22:42]
again they're going to go at daylight
and it is to your point it's very
[22:50]
acceptable compromise reasonable
compromise would you feel very strongly
[22:54]
blessed to saybody
[clears throat]
[23:00]
» if you're you just said they're going to
go
[23:05]
during that short period
630
[23:14]
Correct. Yeah.
>> And and we're, you know, again, we're
[23:18]
we're counting ourselves to the
agricultural community.
[23:22]
My opinion, make sure you don't have any
tractors going before 6 a.m. I mean,
[23:26]
that's ultimately we're saying if trucks
are going, trucks are going. You're not
[23:30]
stopping anybody else from driving.
You're not stopping Dylan from serving
[23:35]
his truck out.
So you're putting extra burdens on this
[23:42]
specific
>> industry.
[23:44]
» Industry.
>> I see your point. Okay.
[23:49]
I'm I'm okay with that.
>> Does it matter what location?
[23:55]
They're really close to res.
[24:00]
» Yeah.
>> Well, this is this is for gravel mining.
[24:05]
So it's
[24:10]
except except that all the other things
are [snorts] it can't have a certain
[24:14]
noise limit at the edge of the property
or vibration or whatever
[24:18]
with that I guess and if they meet those
criteria doesn't make a difference
[24:29]
» yeah it does
>> no what I meant was putting a
[24:35]
restriction on
of a time limit. It doesn't matter as
[24:39]
long as we've already put a restriction
on how much noise or vibration.
[24:43]
» If you read on a little bit further in
that section, it gives the township
[24:47]
board some leeway. you know, it sets the
standard at 6 a.m., but if there's
[24:51]
unique circumstances, the board can
tweak that. So, it's like right next to
[25:10]
» it's easier to
>> Yes, I see.
[25:17]
6:30 is
[25:21]
» okay.
Everybody good with leaving it at 6?
[25:26]
» No.
>> No,
[25:27]
» I don't think we should have any hours.
Travis says
[25:32]
we're not regulating anybody else like
that. We spray all night if we have to.
[25:39]
all night long and our neighbors can't
complain because we have right to farm
[25:44]
» but we don't
[25:49]
» and I hear you all night long and I hear
your fans all night long and it is
[25:53]
disturbing but I can't complain so
>> saying I I I don't love it either
[26:00]
but I know that you have that right so I
I think I think you have to have ours
[26:09]
I'm not sure if there's a zoning. Are
you aware of any zoning ordinance on
[26:13]
gravel that doesn't have hours? I'm not.
Everyone I looked at hours
[26:32]
isn't a special use.
to do what works for you. It's not quite
[26:38]
apples.
[26:45]
» Well, on that the half hour thing about
66.
[26:50]
» Well, I'm okay. Oh, okay.
>> Sure.
[26:54]
» That's reasonable.
[27:01]
» Yeah, the daylight will
Like you said, the short window of
[27:08]
daylight we have throughout the
producing months.
[27:17]
» All right, Ken, I think we're at six to
six unless anyone wants to discuss that
[27:22]
further.
[27:28]
Marina
[27:39]
got talked about I brought up my
driveway
[27:45]
» that's in our current
[27:50]
» that's not
[27:56]
allowed smaller guys to operate without
having to go through this. But we're
[28:01]
going to be getting rid of our police
ordinance when this takes over. Correct.
[28:04]
» Yes.
[28:08]
» So that volume should be reflected in
this
[28:15]
smaller guys.
[28:18]
We do have onage similar language
allowing for smaller operations to be
[28:23]
excluded.
[28:40]
You want to do something different with
that?
[28:48]
» Point is
[28:53]
where you
[28:56]
You know,
[29:01]
you know,
[29:05]
smaller operation.
[29:18]
» Okay. What would you propose?
[29:27]
What do we have that you referred to
excludes
[29:34]
on page one starting at line 38
[29:52]
So that that covers their day-to-day
operation, but that doesn't cover them
[29:57]
if they have some property that they
want
[30:01]
to make sure
[30:18]
that doesn't
years or months or
[30:23]
» it just says the requirement shall not
apply under the following circumstances.
[30:31]
That is a question that I've had all
2000 [clears throat]
[30:37]
over the life of it
year.
[30:43]
That's not defined. My guess is that
[30:54]
» it does say the amount of material is
>> that's excluded from this,
[31:01]
» right?
>> Yeah. And there's a there's a more
[31:05]
generic provision above that that
basically says if you're excavating for
[31:09]
a basement or something
building permit, you're not follow.
[31:27]
» Okay.
What would you like to see here instead
[31:31]
of 2000? suggestions.
[31:37]
» What's the time?
[31:53]
I interpret it as per like they're
getting the SU to do a job and it's
[31:59]
permit
whatever that time frame takes to
[32:03]
complete the job that I I'm making an
assumption. I thought the whole point of
[32:07]
that allowing 2,000 yards out here is
something you would have to get. We're
[32:13]
talking about a situation where someone
might have some property that they can
[32:18]
pull some top soil off so they sell the
top soil or you know they got
[32:26]
large operation or they got good sand
and you know I need sand every site so
[32:33]
my excavator has sand on this propert
[32:40]
and just my inter
It would be
[32:45]
forever.
[32:57]
» Yeah, let's keep the number.
[33:03]
» Isn't that what the permit would say
originally? How much you think?
[33:07]
» These folks would need it.
>> So, I'm saying how know if you're gonna
[33:13]
know that there's a huge number of guys.
[33:21]
» So if you one truck coming and going
hour to go and come back
[33:28]
numbers completely out 15 yards in that
truck 120 yards a day 140 yards a week
[33:34]
just to give us some sort of
>> reference.
[33:40]
They can easily haul $2,000 a week
[33:46]
a truck a small guy.
You're also, if I can interject, you're
[33:52]
also talking about, you're not talking
about something that's got big sifters
[33:56]
and all that where you're putting up
pile. You're talking about somebody
[33:58]
that's probably going in with their
loader and they've got a sand bill and
[34:02]
they're just drawing it straight from
the truck and it's going out. To me,
[34:05]
that's a that's a completely different
situation.
[34:10]
» Certainly, you know,
>> we're restricting it.
[34:14]
» 2,000 a week,000.
[34:24]
» But then by the time you get that much
out of there, now you got a pretty good.
[34:28]
» So now you start looking at it from the
other way,
[34:33]
don't you?
[34:36]
you make it too much at one time then
then why do you even have an extraction
[34:42]
» ordinance at all?
[34:46]
» Any suggestions?
[34:49]
» I mean you're right. It's 104,000 2,000
per year. Um
[34:57]
I mean I
think
[35:02]
what would be a reasonable amount before
you think this should apply. It's a big
[35:07]
enough operation.
[35:23]
» It's either one or two
[35:31]
there's no
[35:44]
It's just another way
[35:50]
and that's county.
>> Should we defer to that then
[35:55]
to the county soil policy
and I'll look at that and try to
[36:03]
fill in the gap here. I do not
absolutely do not want to hinder these
[36:08]
guys.
>> Right.
[36:09]
» Right.
>> And I don't know enough about how much
[36:14]
is a lot, how much is a little to say
because to me, you know, 104,000 is a
[36:20]
lot. But if you got a road job or
something or you're supplementing, you
[36:25]
know, I I know a buddy that's looking at
buying some trains because he's got sand
[36:28]
on his property
over on the west side that he's just
[36:32]
going to supplement Grand Traverse
County Sand, but it's worth it to him to
[36:37]
buy a set of trains
to help us, you know, and he doesn't
[36:42]
he's just would be a subcontractor and I
don't and he's not so I don't know
[36:46]
enough to
>> know how much.
[36:50]
» So, I think we better refer to the
county policy on that.
[36:54]
» Yeah, you could say total amount of
material removed it won't and I'll think
[36:59]
of a better way to say it won't trigger
the requirement for soil.
[37:04]
That seems reasonable
>> assuming they're going first of all.
[37:09]
» But what but that would be our standard.
>> But it would be a number. I mean even if
[37:12]
they it would be when they were supposed
to apply for
[37:17]
» that seems reasonable.
>> Yeah.
[37:21]
» You want to look up that number or we
don't need a number now. We just we kind
[37:25]
of do. And now do we need a time frame
for this to Curtis's question?
[37:32]
» I mean the way It's total. So that would
be total.
[37:35]
» Yeah, that would be again
forever on that property. If you go more
[37:41]
than what it would take to require
[37:47]
maybe that's
amount of material, x amount of
[37:58]
yards,
>> right? But based on the yard, based on
[38:03]
the acres, we know, you know, you're not
100,000 yards out of a
[38:10]
maybe.
[38:21]
» Say that again.
>> To be clear, that doesn't the clock
[38:25]
doesn't reset if you sell the property.
>> Correct.
[38:29]
Somehow you got to
know that, oh, that one's already had
[38:34]
that one's already hit it limit. So if
it changes hands, the new person can't
[38:38]
come in and say, oh, let's take out
104,000.
[38:43]
» Every one of these things attaches to
something else.
[38:47]
» Yes, it does.
>> And how do you, you know, keep track of
[38:49]
it and and all that? That's my
>> Right. But if you're doing if you say
[38:55]
14,000 a year, if that's the number,
next owner.
[39:00]
» Yeah, but that's not where we're at
right now. It's now it's for the life of
[39:03]
the
>> That's the way it's the way it's
[39:05]
written.
>> That's all I'm saying.
[39:07]
» Which is fine. I don't care. It's just
it's again something else. How how in
[39:11]
the heck does your zoning administrator
know 15 years from now that
[39:17]
» Well, I guess that's my shouldn't be
tapped out.
[39:21]
» It shouldn't be for a one time thing.
>> Again, that's not how gravel itself
[39:26]
works. If there's if there's a
I get it.
[39:30]
» But you guys got to figure that out.
[39:35]
» Well, what if we said just the amount,
not total, the amount of material
[39:40]
removed will require
[39:46]
and that that doesn't put a time frame
on it. You know,
[39:51]
that way it's just the zoning
administrator sees something going on,
[39:56]
contacts the county,
permits is
[40:04]
something
[40:18]
» and just on your comment about about
earlier and your public comment, it it
[40:23]
does affect the cost because if I've got
a truck in diesel diesel over $5 a
[40:28]
gallon. If I have to truck in gravel
from 20 miles away, I better pay that
[40:33]
trucking fuel bill. If I have to truck
in gravel from two miles away, I I gain
[40:38]
that cost. I don't have to pay as much
trucking and so it will be a discounted
[40:44]
price.
So,
[40:49]
» okay. Um I just have two more things.
Line 507
[40:54]
that section is highlighted and talks
about the zoning report, excuse me, the
[40:59]
annual report by the zoning
administrator.
[41:05]
And then it says if things are moving
along, all good. Looking at five line
[41:13]
502
shall require amended operation or
[41:18]
reclamation plans describing their
situation saying I'm having a pickup
[41:23]
here. We departed from the plan. The
amended operation and reclamation plan
[41:31]
shall be re reviewed by the command
planning commission as submitted with a
[41:35]
new application. But we don't want to do
that, right? We don't want to have them
[41:40]
to go through the application process
again.
[41:43]
» But this would only be if the zoning
administrator determines that things
[41:46]
aren't the approved. they they departed
in a material way from the approved
[41:53]
permit.
>> So that would the way it's written that
[41:56]
would trigger they'd have to submit a
new plan and come back to the planning
[41:59]
commission.
>> Okay.
[42:02]
» I just wanted to that helps clarify. I
just want to make sure they go through
[42:05]
all the permitting process again as if
it were a new permit submitted as as if
[42:10]
it were a new application.
>> Well, that and that that's the way that
[42:14]
it's written. But you know that
commission doesn't want
[42:21]
but this would be if somebody's not
Curtis determines they're not following
[42:25]
the permit they're doing something
material uh mater
[42:30]
were different from what was approved.
He would require them to submit plans
[42:35]
kind of explaining why they have to go
back through the process with those
[42:39]
plans.
>> And I point Yeah. you come and explain,
[42:46]
hey, this is why I'm doing it. This is
why I'm doing it. But as far as
[42:50]
because at that point,
>> it doesn't meet the criteria, then we
[42:54]
revoke the permit
to start from
[43:00]
scratches.
[43:04]
» Okay. So to to you guys that's clear.
>> Am I am I hearing that or are we all
[43:12]
clear on that? It's not a whole new
application with all the list of um
[43:17]
» well kind of it says the amended
operation and reclamation plan shall be
[43:23]
reviewed by the planning committee.
But so we're just looking at the
[43:28]
changes, not the whole thing. I mean,
whatever deviated from the original
[43:33]
plan, that's all we should look at.
Don't look the whole thing. We don't
[43:37]
make them go through all.
>> So, so maybe we strike as if
[43:41]
[clears throat] submitted with a new
application.
[43:44]
» That's what I think.
[43:48]
» Okay. But now the planning commission's
going to look at it. They need criteria
[43:52]
to get the green light. Yes.
And what would that criteria be?
[43:57]
» And that's why it's that that that the
easy way to do it is to treat it like a
[44:00]
new application because then you know
what the process and procedure is.
[44:08]
» Um how about we say um so they come back
to us with their amended plan. We look
[44:14]
at it. Um they're I'm not using the
right words, but they're good to go. and
[44:21]
that we have uh the zoning administrator
check back in 30 days and make sure that
[44:26]
the plan B is being followed or
something like that.
[44:30]
I can just say that planning commission
reviews it in accordance with this
[44:34]
section, you know, with the whole
provisions of it. Um, and then what?
[44:40]
» Well, then um they would have a followup
a check back in 30 days,
[44:45]
» okay,
>> by the zoning administrator
[44:49]
to make sure they're back on track or
their amended plan is proceeding
[44:53]
according to the amended, you know, the
conditions, something to that effect.
[44:58]
» After the planning commission app it.
>> Yes.
[45:03]
» Does that sound reasonable, guys?
[45:08]
» They need criteria to get the green
light.
[45:13]
I guess what are they what are we
requiring them to provide
[45:18]
their change order? How elaborate?
>> Some they don't have it just has to be
[45:24]
some narrative saying I planned on this
but then this happened and Here's my
[45:29]
course of action going forward based on
these conditions and I would like to
[45:35]
keep moving forward with this permit.
Just some sort of narrative describing
[45:38]
what their situation was.
>> Yeah. And that's not an automatic.
[45:43]
» No.
>> Did they have to describe the special or
[45:45]
unusual circumstances that caused them
to deviate?
[45:50]
And that will be what will be submitted.
Do we believe in you know what if
[45:56]
they're providing the information but
the planning commission at the time is
[46:02]
not
that well
[46:07]
they're submitting
[46:10]
» that's why we're relying
our professionals we have to rely on
[46:15]
professionals we don't know. Well, if
you say planning commission shall review
[46:19]
it in accordance with applicable
sections of this, you know, that gives
[46:23]
us the fall back
>> because obviously we've establish the
[46:27]
criteria in the
we can, you know, we need to consult
[46:32]
with an engineer or a traffic engineer
or something.
[46:36]
» We may have to have them provide that.
Yeah, that's fair.
[46:45]
I got 473
[47:09]
gates in an elephant. I don't receive
any
[47:13]
operations
[47:17]
operation.
>> Okay. Do you want me to ask question
[47:22]
about that?
>> Oh, I just think
[47:28]
» how do you secure the site
[47:34]
posting in the gate?
>> No offense.
[47:39]
What's the
>> What's the doing?
[47:49]
» It's keeping the honest people out.
>> Yeah.
[47:52]
» Well, it's liability, right?
>> But it's their liability, right?
[47:55]
» It's not our liability. But you're
you're giving them burome.
[48:00]
» You know, that's like telling again I go
back. It's like telling Dylan he's got
[48:04]
to put a six foot fence around his place
because he's got gravel there and
[48:07]
machinery that somebody
[48:11]
And we're already telling he's going to
have around his place
[48:15]
and
spate
[48:20]
the gate.
[48:24]
Again, we're not
our job to keep people trespass
[48:30]
over
[48:35]
again, you know, outside of some
I I just don't see any places that
[48:40]
require fenced and again if you have a
40 acre parcel where you're 40 finger
[48:49]
but now I got to come back the list
clean it up so you're
[48:53]
continually
>> you
[48:58]
proping
[49:03]
I see writing something.
[49:20]
That's all I have.
Anybody else?
[49:34]
Yeah. Okay. Let's get this. Okay. So,
I'll talk to you after about how we
[49:38]
transmit this to Catherine for review.
>> Okay.
[49:43]
» Is it going to come back to us with the
three changes we've requested or we just
[49:47]
make the changes, send it to Catherine,
and then bring it back?
[49:53]
» Make the changes and send it to
Catherine. Yeah. And um
[49:58]
violation of
we can't talk about this in between
[50:03]
meetings. So we have to I just have to
send Catherine and see what she says
[50:07]
those proposed changes
>> right and anything whatever she comes
[50:09]
back with we'll discuss it the next
public meeting
[50:18]
» moving on review of permitted use versus
special use um Ken put this together for
[50:25]
us as we through it section by section.
We reviewed all seven districts and uh
[50:35]
I think there's some winds here. So we
moved in egg we moved roadside stands
[50:39]
and cottage industries into permitted.
[50:44]
Um in CR we moved cottage industries
into permitted
[50:49]
» under low density residential we moved
cottage industries into permitted use. I
[50:56]
have a question before you get too far.
So like in CR you move the cottage
[51:01]
industries. Why not roadside stands as
well?
[51:07]
» I mean I guess I don't see the big
difference when we talked about it at
[51:12]
the last meeting.
I don't know.
[51:20]
» First of all, your zoning administrator
go up to any
[51:24]
[laughter]
I'll guarantee you'll have to fire me
[51:27]
first.
>> Okay.
[51:30]
» We talked about a definition of roadside
stand. Can you help refresh my memory?
[51:35]
Anybody? Do we want people to sell their
corn whatever their tomato extra
[51:40]
tomatoes or
>> my notes indicated that we were talked
[51:44]
about that you have to it has to provide
a significant source of income.
[51:48]
» That's right.
>> But I didn't elaborate on that because I
[51:52]
thought the uh
>> who sets that standard
[51:55]
» significant
>> that's it's that's a tough standard. So
[51:59]
I like the language that's there saying
50% of the goods have to be produced on
[52:03]
the premises. You know I think that's
makes it far operation
[52:10]
only 50%
>> and that's at least 50% I think it had
[52:18]
to be at least 50%
>> and that comes from
[52:21]
» more could be
>> yeah it could be more yeah
[52:25]
» where's the other 50%
neighbors
[52:28]
» the neighbors garden
>> maybe I don't care this I guess we could
[52:33]
do that
>> and that's the same langage in the
[52:35]
village district.
[52:40]
» Yeah. To say that significant sources in
that that's up to
[52:47]
» Okay. So Mark, are you suggesting that
we move roadside into CR as well as a
[52:52]
permitted use? If you if you're going to
do cottage industries, I think they go
[52:57]
as you're if you're going to allow
cottage industries in all of those, then
[53:02]
why can't we do stand?
[53:08]
» The only difference is that it's they're
tied to farms, you know, farms.
[53:14]
» Well, like Curtis said,
>> a big garden out in the back and you
[53:19]
have too many tomatoes. There's a lady
in the village there to
[53:24]
» and farms are permitted in CR. So that
that would make sense to add that there.
[53:29]
That's what
[53:32]
» I'm good with that.
>> So move road stands into CR as well.
[53:45]
» Mark, are you saying
>> anywhere you can have eggs? Anyway,
[53:50]
yeah,
>> it seem to make sense.
[53:52]
» Okay,
>> so that would be allowed in one as well.
[53:55]
» Yeah. Okay.
[54:02]
» Uh what about home? Yeah, home district.
Same thing, right?
[54:14]
» Julie got some corn you want to sell.
>> Okay.
[54:18]
» Well, add that to mobile home.
>> But now the aggion
[54:23]
that's consistent in a CR and R1 is that
agriculture both general and specialized
[54:30]
farming, tree farms and forestry that's
not in
[54:33]
» mobile home. Okay. So no mobile home
>> but again if you sell anything
[54:43]
for
[54:46]
that training You buy
the farm.
[54:52]
» You buy a chicken, it lays an egg. You
sell that egg, your egg.
[54:55]
» So you get an egg.
>> I don't know.
[55:00]
Well, yeah. You can't get shut down your
egg. You sold it. You made money from
[55:04]
» that's
what Katherine told us. The Right to
[55:09]
Farm Act is an overall exemption,
>> but it doesn't I mean, so in any of the
[55:14]
districts, if someone was farming, they
would be able to do it, but you have to
[55:18]
decide someone who's wanting to start a
farm, which districts.
[55:28]
So, do you think it's appropriate to add
that language to
[55:36]
» Why do you have to add
Why can't you just But you can have
[55:39]
roadside stand
>> because you're to have a roadside stand,
[55:42]
you're supposed to grow 50% of the
product on the property. So if you can't
[55:47]
have a farm, you're kind of
>> well added to mobile home.
[55:56]
» I'm not
[56:00]
doing that in the mobile home district.
>> Okay. [laughter] Yeah. I mean, I don't
[56:04]
see a bad idea.
>> Okay.
[56:10]
So, we'll add it there, too.
[56:14]
» All right. Moving on to village
district.
[56:17]
Um,
we're adding cottage industry,
[56:23]
residential dwelling on second floor,
commercial structure, and then
[56:27]
carpentry, plumbing, electrical, sales,
services, and contracting offices. Those
[56:31]
are all not going to be permitted uses
in village district.
[56:39]
» And then uh manufacturing
we're adding to carpentry, plumbing,
[56:43]
electrical sales services and
contracting offices and then outdoor
[56:47]
storage self storage
as a permitted use
[56:52]
» and these would all be subject to site
plan review.
[56:57]
» Okay. Anything else you want to add?
in that before we send this off.
[57:13]
» Okay. So, um I think we can call for a
public hearing on this. I talked to our
[57:17]
clerk about timing, thinking of timing.
The posting for the public hearing will
[57:22]
have to come out October 1st in the
interim review. We think we can make it
[57:26]
in that window for get her all of this
to her to review and back in time for a
[57:31]
public notice for a public hearing.
>> So get it to Catherine to review.
[57:35]
» Okay.
>> So I'll just make these changes and send
[57:39]
it to you.
>> Okay.
[57:42]
» Yeah.
>> Go ahead. Should I do a public hearing
[57:44]
notice, too?
>> Yes.
[57:46]
» Okay.
>> And so if we don't make that window,
[57:48]
then we just won't post that notice.
>> Okay.
[57:51]
But um I would entertain a motion to
call for a public hearing on this. Um
[57:57]
let's me word this right. Review of
permitted uses versus uses subject to
[58:02]
special approval in all seven districts.
[58:08]
And uh I would I'll make that motion.
>> This is for just for
[58:17]
» 103.
[58:24]
Correct. That's our next meeting. 10:13.
[58:29]
» Are you going to be here, Richard?
>> Yeah.
[58:34]
» And then you're a little
[58:50]
Do you want to wait? Are you suggesting
[58:55]
» Oh, are you not shaking your head?
>> Well, I mean, it's probably better to
[58:59]
have everybody.
>> Okay. Very good.
[59:01]
» Well, then that gives us a nice big
window to get this reviewed and get it
[59:05]
back in time. Okay.
>> So, we could call for a public hearing
[59:08]
next.
Okay.
[59:11]
» Is it possible? I mean, if something
there might be some other things that
[59:15]
come up that we need a public
meeting. Can you do more than one
[59:20]
problem at a public meeting?
>> Yes.
[59:26]
» Yeah.
>> All right. Very good.
[59:31]
Waterfront overlay district.
All right. I gave you guys a piece of
[59:37]
paper.
Um we had Okay. So, if you could pull up
[59:41]
your waterfront district overlay.
[59:51]
We didn't know about Inland Lake. So, I
did call Leslie Meyers and this is the
[59:55]
information that we have for Ellsworth
Lake, Wilson Lake,
[59:59]
Lake Michigan. And then this would be
2026.
[1:00:03]
And we don't have Little torch in this.
So, I I would propose we just leave that
[1:00:08]
off because we
You can't just make up a number,
[1:00:11]
arbitrarily assign a number. So I would
say we not use a lake level for that.
[1:00:19]
Um
[1:00:24]
I do have one correction here and K I
may have said Lake Sinclair but it's St.
[1:00:30]
Clair Lake
[clears throat]
[1:00:35]
and areas affected.
So, knowing what the county says about
[1:00:41]
our lake level um and flood plane, if
you look at um page two
[1:00:54]
where it's it talks about the army corp
engineer their ordinary high water mark.
[1:01:01]
We should substitute the yeah the county
stuff
[1:01:05]
that
[1:01:13]
Um, Ken wants to know if we want to add
on D1 if we want to add height and lot
[1:01:19]
coverage limitations.
What do you guys think about that?
[1:01:23]
» So, it's CR.
>> Um, so you'd say maximum lot coverage in
[1:01:29]
CR would be what 30%. Is that what
you're referring to, Ken?
[1:01:33]
» Yeah. Like some, you know, some
communities have additional
[1:01:36]
restrictions.
>> So like only two and a we're trying to
[1:01:40]
get people have maximum view. So it says
two and a half stories or 35 ft high and
[1:01:45]
a 35 30% lot coverage. Is that something
you want to include in that or is that
[1:01:49]
will just come out in the
>> My understanding was it if we do the
[1:01:55]
overlay that it still
it resorts to the underlying area. So if
[1:02:02]
that's CR then those restrictions. I
don't know that I change it at this
[1:02:06]
point.
>> I'm not suggesting we change it. I think
[1:02:09]
he's just asking if we want to include
it,
[1:02:11]
» right? Yeah. That this it would default
to the underlying zoning district
[1:02:15]
requirements right now.
>> So why would we want to say anything
[1:02:19]
different unless you wanted to change
it,
[1:02:21]
» right? Some communities do have stricter
requirements in the water.
[1:02:27]
» And what was what was the or the overlay
What was the how did we come up with the
[1:02:35]
overlay? Because when I looked at it, I
can't find my phone right now.
[1:02:39]
It was like
[1:02:44]
road to me. It looked like that property
that Dylan bought
[1:02:49]
would fall in that.
>> Yeah, Julie and I talked about that this
[1:02:54]
morning. It doesn't.
[1:03:05]
» But yeah, this is
>> this is church, right?
[1:03:11]
» Oh, okay.
>> So that would be the that's the
[1:03:17]
» this would be a proposed overlay. Yes.
So you've got that whole which was egg
[1:03:24]
» is all considered lakefront that doesn't
lake
[1:03:30]
» yeah this says it has to touch water
though
[1:03:34]
» the way that this is written the lot
would have to apply one of the lakes
[1:03:38]
specified river specified
>> so he can remain a I see what you're
[1:03:45]
saying so that that gets addressed
But it has to touch the water.
[1:03:49]
» And then to Dave's point in previous
meetings, you got 20 acre. What was you
[1:03:56]
talking about 20 acre parcel that's
touched
[1:04:06]
» if it's if it's touching the water?
[clears throat]
[1:04:09]
» So So that So you made this
it was if I've got 20 acres touch one of
[1:04:15]
these legs
It's a long beach away from the lake. Is
[1:04:20]
my whole 20 acres that touches the water
included in this or is it just a lot
[1:04:25]
size
or double lot size
[1:04:30]
that's included?
>> It's just the 50,
[1:04:35]
but the requirements would only apply to
that.
[1:04:37]
» Okay, that's what I was already at the
green belt,
[1:04:41]
» right? So, this is only extending 10 ft
beyond the green belt area.
[1:04:48]
It's the same about 50T.
[1:04:53]
» 25.
>> I thought it was
[1:04:55]
» Well, it says two different numbers.
[1:05:00]
» I thought it was 50.
[1:05:04]
» Read the definitions. Under definitions,
it says 50 ft. And then when you go to
[1:05:09]
the 4, whatever it says, it says 25.
>> And so you have to You defer to the the
[1:05:17]
ordinance the stipulated ordinance in
case
[1:05:34]
» in the way that this is written you know
you look at that section 4.11 which is
[1:05:39]
section
belt on your
[1:05:44]
Aren't you
>> making it more restrictive if you want
[1:05:48]
to?
>> You wouldn't have a bigger green belt.
[1:05:50]
You just wouldn't be able to build the
structure
[1:05:52]
in 50 ft from high water mark
other than like you know things that are
[1:05:58]
listed like a dock and
[1:06:03]
» that already exist
[1:06:08]
already exist on
>> this would go beyond existing
[1:06:16]
» I wish my son was here because he thinks
I just get this. Um,
[1:06:23]
what's so hard about this
>> right now? Right now, if I have a lot on
[1:06:29]
Lake Michigan, I cannot build within 50
ft of ordinary high in
[1:06:35]
that waterfront overlay district. What
changes?
[1:06:40]
» You still can't build 50 of the water,
right?
[1:06:44]
» Correct.
>> But there are additional things
[1:06:47]
landscaping requirements. There are
there are you're being requested to
[1:06:52]
build what's called the vegetative area,
not the native plant area. So there are
[1:06:58]
additional requirements in this.
>> This would be curious to read.
[1:07:05]
» Yeah. And the goal is of course protect
shoreline and keep your shoreline and
[1:07:10]
water quality.
[1:07:15]
So this elaborates on the existing
[1:07:21]
» Curtis I had the same question you did
and I put together a document and I'll
[1:07:25]
forward it to you on the difference
between green belt and waterfront
[1:07:29]
overlay. There is some distinctions and
it's a real simple table that's easy to
[1:07:34]
understand. I'll forward that to you.
I'll make a note.
[1:07:37]
» I like easy too.
Um all right. So guys, so Mark, you're
[1:07:43]
saying don't put on the height lot
limitations. You're suggesting just
[1:07:46]
leave it as in they'll look at the it's
under CR. So we got what we got in CR.
[1:07:53]
» That would be my suggestion.
>> Okay, I'm okay with that.
[1:07:56]
» I wonder about and be one that I just
wonder. Yeah, it says 50 feet land from
[1:08:06]
the ordinary high water mark and it's
hard. I still don't understand how they
[1:08:11]
get that and I've read it several times
on
[1:08:15]
but I also I just wonder
if
[1:08:22]
I mean you might be a foot or so above
but if the property is the same level
[1:08:26]
for 100 ft and the the lake comes up two
feet and sits right in your house then
[1:08:32]
so I don't you know does that we have to
take that into consideration I don't
[1:08:40]
These numbers aren't average, you know,
and I think the last, especially this
[1:08:44]
last year, it's kind of threat
[1:08:50]
commission office.
[1:09:01]
» It's current.
>> Yeah, it's current, but you know,
[1:09:05]
probably not. It's probably too soon,
>> but we can amend this. Yeah,
[1:09:11]
» there's a website called lakebrief.com
and they have rolling updates on I found
[1:09:18]
it after
but they have rolling updates. They do
[1:09:22]
it every two years. They faced
[1:09:30]
and what they have is consistent with
what county has.
[1:09:34]
» Okay.
>> But that might change soon.
[1:09:38]
Okay. Something to keep an eye on.
>> And they do change, you know, Melrose
[1:09:44]
Township
where they have I mean the high water
[1:09:49]
mark was established in 1916.
[1:10:01]
» Does any of that affect insurance?
a lot of places were underwater when St.
[1:10:08]
Clair came up and I don't know if they
have problems with that or not or if
[1:10:12]
they look at those setbacks and whatever
in terms of that
[1:10:19]
» I mean some of the reasoning to do some
of that setback and is because
[1:10:25]
if the water goes up there does that
mean it's into the septic tank or in the
[1:10:30]
sewer systemever whatever
contaminated as well. I know that was
[1:10:36]
some
>> that's part of the reason why
[1:10:42]
» to me at least you kind of want to use
the high water mark. I live on Michigan
[1:10:47]
and it was really high.
>> Yeah.
[1:10:52]
We lost a lot
of
[1:10:56]
answer question forward new construction
a low level lot that's flat all the way
[1:11:04]
back
[1:11:08]
» they're going to have an elaborate field
that's going to be nowhere near the lake
[1:11:12]
» even if they're pumping it quart
[1:11:18]
is going with new construction
that's out there out there already.
[1:11:24]
» And that's that's a big thing had this
chat I know with Alex and some other
[1:11:29]
people. Russian ro the lakeside of
Russian road.
[1:11:35]
How come he's got that? How come they
can do that? Oh, it's been there
[1:11:39]
forever. I mean you know what you're
talking about this overlay that's great
[1:11:43]
but it's it's only going to be for
something that gets built new. You can't
[1:11:49]
on any of the old stuff. I got you got
nothing to say about that.
[1:11:53]
» And most of it's old stuff.
>> So, and this isn't the first year,
[1:12:01]
but
[1:12:06]
» I hear what you're saying, Chris, but it
is our job.
[1:12:08]
» Absolutely. I get it. I get it. I just
>> lot of nonformance.
[1:12:14]
» It's a lot.
>> And the other is we can tie this to the
[1:12:20]
entrance county numbers and put as
>> so when the county updates their numbers
[1:12:25]
will automatically
>> Okay, that's a great idea.
[1:12:27]
» We'll just have to make sure you know
keep a copy of this around.
[1:12:31]
» Okay, I like that.
>> I'm guessing all the money spending on
[1:12:35]
the lights are preparing these numbers.
[1:12:41]
» Yeah, I would suspect that'll be
helpful.
[1:12:46]
All right. Um I
[1:12:49]
And so in this I'm the one that proposed
it now. I'm the one that's going to
[1:12:53]
strike it. I just proposed it. Wondered
about tents in the lakefront over
[1:12:59]
waterfront overlay and I'm just going to
strike that and we'll take a reactive
[1:13:04]
position instead of a proactive position
and we'll just keep in touch with our
[1:13:08]
zoning administrator and if he's hearing
things then we'll amend it. So strike
[1:13:13]
that.
>> Okay.
[1:13:16]
I I have a question that I read at the
end there four. It says waterfront
[1:13:21]
development shall maintain to the
maximum extent possible open and
[1:13:25]
unobstructed views to the waterfront
from adjacent properties, roadways and
[1:13:30]
pedestrian ways. Why do they have to do
that? If that's your property, why do
[1:13:36]
you have to I I could see maybe your
neighbor, but again, it's your property.
[1:13:42]
So I to me that seems
Well, it's that might be something you
[1:13:48]
want to check out. I mean, that's why it
says shall maintain to the maximum
[1:13:52]
possible. The idea is you want
everyone's home to be in line so
[1:13:56]
nobody's view either side is obstructed,
but somebody might have a compelling
[1:14:01]
reason why they have to go closer. You
know, maybe it's wet land
[1:14:06]
or something. So, this isn't a hard
section of the ordinance to enforce.
[1:14:13]
It's to maximum possible. That being
said, those are the kind of sections
[1:14:18]
that are
[1:14:21]
captain needs to take a hard look at
that. You know, again, this came from
[1:14:25]
another community just as a conversation
uh for Banks Township. Um and that one
[1:14:32]
has been somewhat controversial in the
other community,
[1:14:36]
» but I know someone that built on Lake on
Michigan Avenue in Charlotte and there
[1:14:42]
was empty lot. He bought it and he built
and the lady next door was all up in
[1:14:46]
arms because it blocked her view and
it's like he was all in all the setbacks
[1:14:51]
and everything, right? wanted that view.
She should have bought the lot before
[1:14:55]
him and then she would have had it.
>> Kind of ironically she had built a lot
[1:15:01]
of other stuff on his property.
[1:15:07]
» Um, do you want to wait and see what
Catherine says about that or do you feel
[1:15:10]
strongly you'd like to strike that?
>> I I guess we can see what Catherine says
[1:15:15]
about it. I mean, it sounds like it's
not set in stone.
[1:15:19]
» No, it's not. She she maybe won't like
that provision. She'll ask it to be
[1:15:24]
deleted.
>> Okay.
[1:15:28]
» And then the last thing I have on this
um future I I have a question on our
[1:15:34]
future land use map. So we are proposing
this overlay. It is consistent with our
[1:15:40]
future land use map. Um but maybe I'll
draw your attention. Let's just as an
[1:15:45]
example look at little torch.
[1:15:50]
And you see how the overlay is only on
the western side of the lake
[1:15:55]
» and the big chunks are not. And so and
same with really everything. Lake
[1:16:01]
Michigan and then Ellsworth Lake. Of
course, Sinclair isn't on here as a
[1:16:07]
waterfront overlay, but um excuse me,
St. Clair, not Sinclair. Um do we have
[1:16:15]
the authority to because the board to do
these lakes, Lake Michigan, these
[1:16:21]
specified lakes to to put the overlay on
all of the lake or do we have the
[1:16:27]
authority to do that
>> and should we do that? Yes, you have the
[1:16:32]
authority to do it because you know the
the future land use the map in the
[1:16:36]
master plan is conceptual you know it's
almost aspirational in terms of this is
[1:16:42]
what we think is going to happen but the
zoning ordinances
[1:16:46]
the rules that are you know in place
now. So if the planning commission the
[1:16:52]
board ultimately thinks that the
wateration should apply to all all
[1:16:56]
parcels that above the water, you can
deviate from the future.
[1:17:01]
» Okay, that's helpful. And what do you
guys think about that? I mean Dave, you
[1:17:06]
live on little torch and they've got all
these big parcels around.
[1:17:09]
» You can't get within 100 foot anywhere
that there is a house already. So it
[1:17:15]
would I mean it's all swamp
>> on the
[1:17:20]
and then a big hill up to Richard. So
you could build a house on the property
[1:17:25]
up there, but the lake is
>> I'm speaking up to because I know
[1:17:32]
» Yeah,
>> right. So, you know, eaten lake is
[1:17:36]
swamped all around it.
>> That's not in this lake isn't
[1:17:39]
» I know, but you're saying all
>> no all streams, creeks, and I thought
[1:17:46]
» the connecting water
>> I The only reason some of it would be
[1:17:50]
safety wise that's all but he's right
the house
[1:17:55]
kind of weird point that it would seem
like you would do it for all of them.
[1:18:03]
» Yeah. Do you guys want to think about
that or should we just put it forward
[1:18:07]
with like so this would be all orange
then this whole thing even the big big
[1:18:13]
parcels. But again the reason I I asked
that is because we have
[1:18:18]
act that we're six months away from
enacting and all of these could get
[1:18:23]
small parcelled out. So I guess I would
say do the whole thing according you
[1:18:29]
know the board asked us to do the whole
water body. I would say stick with that
[1:18:33]
and if they want us to pair back we can.
>> Yeah. And it's it it's I think easier to
[1:18:39]
apply it to all the parcels just the
waterways identified in the ordinance
[1:18:44]
because if you did it you didn't you'd
have to justify why this orange property
[1:18:50]
on Lake Michigan it applies there but it
doesn't apply. I think that
[1:18:55]
it torch lakes it wouldn't make any
difference and anyone building their
[1:19:02]
restrictions you can't put anything
down.
[1:19:06]
» Okay.
>> So changing it to a overlay
[1:19:17]
» make a difference
but it's protected in the event that
[1:19:25]
someone.
[1:19:28]
» Okay.
[1:19:33]
» Yeah.
>> But anything more on this you guys? I'd
[1:19:38]
like to if not I'd like to button this
up too and send it a version to
[1:19:43]
Catherine and then maybe have a public
hearing on November.
[1:19:54]
Oh, pictures. You put in pictures here.
Ken, do you want to add pictures?
[1:19:59]
» Well, just just, you know, because I
wanted to provide again, this comes from
[1:20:05]
so, you know, it's requiring people to
build their structure in the forest
[1:20:10]
vegetation area, not the natural
vegetation.
[1:20:14]
» So, that's kind of what it
this shows 60 ft. We're only talking
[1:20:19]
about
But, you know, this requires people to
[1:20:23]
basically put their homes out of the
sensitive dune landscaping and into the
[1:20:30]
trees more or less.
>> Okay. Um I have se and every ordinance I
[1:20:34]
looked at they always have a picture.
>> Yeah.
[1:20:36]
» And so I would I would like to include
that as I think it's helpful to
[1:20:40]
» the residents and I think it's helpful
to the zoning administrator and
[1:20:48]
» then you put in information here from
Eagle. Is there anything more you wanted
[1:20:52]
to highlight about that?
>> No, that was just because I couldn't
[1:20:54]
find what you found.
>> Okay.
[1:20:57]
» And so I contacted Eagle and they
basically said, "Well, we can tell you
[1:21:01]
how to calculate it yourself
>> and that's what this
[1:21:07]
I just disregard.
>> Okay,
[1:21:12]
very good.
Moving on to RVs.
[1:21:21]
Everybody get their ordinance out.
So, our goals with this increase use of
[1:21:26]
time, making it seasonal, avoiding
substandard housing situations.
[1:21:32]
Um,
the first We talk about you can use you
[1:21:39]
can use an RV any district with a single
family dwelling. Second one has to be
[1:21:44]
screened. There's really no deviation
from current. Number two talks about
[1:21:49]
storage and here's where the big change
is. Um you
[1:21:54]
can store it May 15 through December 1st
if there's no township ordinance
[1:22:00]
violations or civil infractions and then
it has to be pulled. So that's a big
[1:22:05]
deviation
from our current.
[1:22:10]
» It's any lot, right? Yes. Any any
parcel.
[1:22:14]
» Yes. Any zoning district. But here's one
thing. I was so focused on the mechanics
[1:22:17]
I missed this. There is no we we need to
specify districts because there is no we
[1:22:23]
can't have ours in manufacturing or
village manufacturing. So we need to
[1:22:27]
specify the five districts.
>> I would So that's um
[1:22:36]
CR R1 mobile home and village
and I would add that that back in the
[1:22:42]
specified the district. Okay. So is that
clear Curtis? You can't have you can't
[1:22:48]
store them in manufacturing or building
manufacturing unless they have a self
[1:22:52]
storage unit and then that's another
matter.
[1:22:55]
» So that's a pretty big change. You're
allowed to store one
[1:22:59]
» one.
>> You can store.
[1:23:04]
» Yes.
>> No. Well, this is we're just talking
[1:23:06]
about storage still in two
>> vacant parcels, one RV May 15th through
[1:23:13]
December 1st. That's kind of the summary
of that. Three and four are the same.
[1:23:21]
Five is pretty much the same. One RB any
district May 15th through December 1st.
[1:23:27]
So that shouldn't be in manufactur.
>> Correct. Yeah. No, that was just
[1:23:33]
something I overlooked. But I'm not the
only one because it's from an old
[1:23:37]
ordinance.
[1:23:41]
Six is two RVs and then the five
districts,
[1:23:47]
one to three acres,
45 days. And that's an increase of 15
[1:23:53]
days over our previous
[1:24:03]
and seven.
>> I have a question. Okay. So, is
[1:24:08]
» I thought if you had one, you can have
it there from the 15th through the
[1:24:14]
December 1st. But if you have two or
more, it's only 45 days
[1:24:18]
» in one to three acres.
But your one your one can be there from
[1:24:23]
May 15th to December. You're only
talking about the second
[1:24:27]
» third or fourth or whatever, right?
>> Yep, that's correct. So, how do we
[1:24:30]
clarify that? How do we word it
differently?
[1:24:34]
» I think self-explanatory.
>> Yeah, I think it, you know,
[1:24:37]
» you're allowed in the above.
>> If you want to have two or you know, two
[1:24:42]
um you know, you're allowed the one.
>> You could you could clarify it by saying
[1:24:47]
the second. You can say two are allowed.
The second RV
[1:24:52]
» is restricted to 45 days.
>> Okay.
[1:24:55]
» And then you could do the same thing
with the next one.
[1:24:57]
» I think that's much clearer.
>> The second, third, fourth and or fourth,
[1:25:01]
whatever.
>> Is that 45 also?
[1:25:04]
» Yes.
>> Yes. So numbers,
[1:25:06]
» you can have four RVs on over three
acres.
[1:25:10]
» Yes.
>> Or month and a half. Six weeks.
[1:25:13]
» Correct. In five districts.
>> Yes.
[1:25:17]
» And That's unchanged from our current
use
[1:25:21]
because it was 15 and applied for 15 and
applied for 15. So the use there change.
[1:25:26]
We just we just say are saying
>> 45
[1:25:32]
[clears throat] those five districts for
45 days.
[1:25:34]
» I'll just add a section saying this
section doesn't apply in the village.
[1:25:42]
» Okay. Okay. rather than just
the top.
[1:25:47]
» That works for me.
>> So you can't have more than four.
[1:25:51]
» No, it's a campground.
>> State road.
[1:25:57]
» That's not a big
[1:26:07]
and then of course it's subject to the
sanitation code and all that. So how is
[1:26:10]
this sitting with you guys? Are you
It's a big departure from current
[1:26:16]
everybody comfortable with this.
[1:26:23]
» Okay. Well, let's have let's put those
changes in and I'm going to forward that
[1:26:27]
to Catherine just to get some feedback
from her
[1:26:32]
and maybe we'll call for a public
hearing in November on this too. Any
[1:26:37]
further comments, questions?
[1:26:46]
Ken, did you get all of that?
>> I did.
[1:26:48]
» Okay.
[1:26:56]
» All right. Setbacks. Um, Ken's forwarded
to you
[1:27:01]
a new ordinance,
a revised ordinance, an amended
[1:27:06]
ordinance that says it moves setbacks in
R1 from 30 to 20. Um, you remember last
[1:27:15]
meeting at the end of the meeting in
public comment time, Marv said, "Hey,
[1:27:19]
you guys, are you sure you're following
the rules here or is this you better
[1:27:23]
check on this?" And indeed um we were
out of order there. So we have to have a
[1:27:28]
public hearing. We can't vote and say
no, we don't want to take this up. We do
[1:27:32]
have to have a public hearing on this
and so um I would make a motion that we
[1:27:38]
have a public hearing again another fund
on in November for this. But we can I
[1:27:43]
guess I can call for the public hearing
the next meeting.
[1:27:45]
» Yeah. And Katherine needs to look at it
first. I think that's the procedure.
[1:27:50]
» Yep. So we'll have Catherine look at
this. But we will have a public hearing
[1:27:53]
on this and It's because um I was out of
order and I'll take responsibility for
[1:27:58]
that. So this will get discussed
further. We can deliberate further at
[1:28:02]
our
>> What are you What are you doing? What
[1:28:04]
are you changing?
[1:28:08]
» Okay.
[1:28:13]
» And that's all I have to say about that.
Talk about that more. All right. Data
[1:28:17]
center.
Um
[1:28:21]
[cough]
We went to [clears throat] I I learned
[1:28:24]
quite a bit at the conference about this
and I'm really there's a lot of great
[1:28:29]
information coming up. Ken, do you want
to share any highlights about data
[1:28:32]
center?
>> Um, we can send us the ordinance that's
[1:28:37]
out for all Michigan Township
Association townships to have at if they
[1:28:42]
so choose. So that's in your packet. I
am not prepared to make any motion or
[1:28:47]
movement on this. I want to take up our
full time to learn all that we can about
[1:28:53]
and things like that. So, and there's no
rush to do that. We have the moratorum.
[1:28:57]
Um, so
read through that ordinance. Um, and is
[1:29:03]
there anything you'd like to share? I I
to share, but always
[1:29:08]
say about what you learn.
>> Well, just Katherine gave the
[1:29:10]
presentation, you know, I I thought you
very well done. It was not the sky fall.
[1:29:16]
It was, you know, this is a unique
enough land use that should enact a
[1:29:22]
moratorum to at least give you time to
research to determine whether or not you
[1:29:27]
need to add something to your own. Um,
you know, the MTA, the Michigan
[1:29:34]
Association did that template ordinance.
It touches on all the areas that have
[1:29:39]
been flagged as maybe problematic with
the large scale data centers. Um, there
[1:29:43]
are four four types. There's the ones
that are grabbing the head, the utility
[1:29:48]
scale ones, but there are smaller scale
ones, too.
[1:29:51]
Um,
you know, it just Catherine basically
[1:29:55]
said, you know, work on this legal
counsel.
[1:30:01]
[clears throat]
[1:30:05]
» She also said that he thought areas
where electronic transmission lines and
[1:30:11]
gas lines cross, that's where these are
going to go. That's where they want to
[1:30:15]
be. That's their sweet spot, so to
speak. So, not too many of those
[1:30:21]
Northern Michigan, but you know we
talked about everything electronic they
[1:30:27]
find a way to do it smaller better
[1:30:35]
ask you ahead of time. Is there anything
you want to share about that as soon as
[1:30:38]
you
>> I made lots of
[1:30:43]
prepare you?
>> Um
[1:30:46]
no not really I mean I generally just
think we need to keep an open mind. We
[1:30:53]
want to have some protection but and I
think they're gonna change you know I
[1:30:59]
mean computers got smaller watch that
does everything.
[1:31:06]
So I think um we just need to just be
careful. I think we they're necessary.
[1:31:13]
So, we can't just turn a blind eye and
say we won't.
[1:31:18]
Is it likely to come here? Not
>> not the hyper.
[1:31:21]
» No. No. I mean, [clears throat] I think
they're going to mostly all be hyper.
[1:31:25]
It's like, why you spend so much money
on a little one when you can spend
[1:31:30]
probably less money for whatever and
build a bigger one.
[1:31:37]
She did say one thing. If you have an
area in your community where high
[1:31:43]
tension wires, a real good electrical
source, and a good water source come
[1:31:48]
together that those are spots that
they're going to hone in.
[1:31:53]
» Yes.
>> And so you have to be careful. And if
[1:31:55]
you look at that map, we really And it
technically it has to go in a
[1:31:59]
manufacturing zone. So we really don't
there's a little one in Atwood and then
[1:32:04]
there's one at the end of the
[1:32:11]
change.
[1:32:16]
Okay, I won't duplicate any of your
information. I know one thing that was
[1:32:21]
of interest to me there can be
developers cannot have any NDAs for
[1:32:26]
confidential agreements. So, they have
to be very forthright when they come
[1:32:29]
into your community and let their
intentions be known up front. Um,
[1:32:33]
regarding the type of building, they're
more they're a cross between industrial
[1:32:37]
and office manufacturing. So they want
them mostly in the industrial zones, but
[1:32:43]
we could potentially have one in a
manufacturing zone. Um the smaller ones.
[1:32:48]
So yeah. So we'll just keep reading and
learning.
[1:32:52]
» There was a a workound too though. She
mentioned about trying to if they come
[1:32:57]
and want to do something, try to
negotiate with them because you can get
[1:33:01]
benefits out of it. But I can't
remember. I'm sorry I didn't look that
[1:33:06]
over specifically, but there was a that
you could go to the state and get under
[1:33:14]
and get an okay to put it in there.
There were some qualifications for that.
[1:33:19]
I don't
>> Yeah,
[1:33:22]
» you remember that?
>> Yes, there's 10 case 10 or 11 cases
[1:33:26]
right now where they skipped the
township,
[1:33:30]
» but those were those were renewable
energy. So, that was either solar, wind
[1:33:34]
or battery energy storage.
There's a specific
[1:33:39]
I thought that was interesting too that
I think we talked about this way back
[1:33:44]
when you know there's a state law that
regulates the large scale solar wind
[1:33:49]
battery energy storage and facilities
have the right to appear by those rules.
[1:33:55]
However,
they've had 11 applications and in two
[1:34:00]
years they haven't approved a single one
of them. So these facilities are willing
[1:34:06]
to work with the locals even if their
requirements are more stren they know I
[1:34:11]
wait six months I wait two years and
it's been two years and they haven't
[1:34:14]
received approval from the state so I
thought that was pretty interesting
[1:34:18]
» the other thing that I just remembered
and I we have to be careful of how we
[1:34:23]
define essential services
because these data centers providers are
[1:34:28]
making the argument we're an essential
service and a lot of ordinances provide
[1:34:34]
that essential services are exempt from
zoning. So they're trying to squeeze
[1:34:39]
themselves in for that. So you know we
got the moratorium in place and I'll
[1:34:43]
make sure that our definitions and other
things
[1:34:50]
well
I went down
[1:34:54]
I don't see the water consumption as an
issue.
[1:34:59]
The water disposal is an issue.
They have a lot of
[1:35:05]
internal they don't use as much water as
they started out as they still use
[1:35:13]
that dispos
[1:35:26]
have to generate power that kicks back
to the grid
[1:35:31]
drains the grid.
And I don't there's one spot that I came
[1:35:36]
up with with my that hey this is away
from residential areas away all that
[1:35:42]
stuff
[1:35:45]
where I came up with that where I would
put it away from I don't see it getting
[1:35:50]
approved this industrial
space or the
[1:35:57]
manufacturing
small
[1:36:00]
» they are but they the data centers are
getting smaller. One of the smallest
[1:36:04]
ones is called the edge edge and it's
called um it's on the edge or public
[1:36:11]
activity and it's it's considered a data
center for zoning purposes and um it's
[1:36:17]
really the
analogy they made is like the size of
[1:36:21]
your neighborhood corner store. So
there's something that would fit in our
[1:36:25]
manufacturing district that would be
considered a data center in the smallest
[1:36:30]
one of the
largest one is concept was a hypers
[1:36:34]
scale. Think of that like your Walmart
super center massive footprint um and
[1:36:39]
its own campus the middle one was called
collocation. Think of that like a large
[1:36:44]
apartment building for zoning purposes
but the only thing that lives in that
[1:36:48]
large apartment building is computers
and then edge
[1:36:53]
Unless so that's yeah that's regarding
um and then a question while we were
[1:37:00]
there I snag can can egg be res to
industrial so I mean would that that's a
[1:37:07]
question
>> we have big agricultural
[1:37:11]
parcels and if Oracle should call Joe
>> we we have a process zoning foring
[1:37:22]
evalation criteria, you know, one of
them is is it consistent with the future
[1:37:26]
land use? That's only one. So, you know,
we evaluated that under the criteria. I
[1:37:33]
mean, top of my head, probably not, but
you know, it would be up to the planning
[1:37:38]
commission and ultimately to make that
determination after
[1:37:46]
that process.
[1:37:49]
» Okay. So, keep reading all the articles
and for sharing any articles you forward
[1:37:53]
to us. They're helpful.
We'll just continue to study offsite
[1:37:58]
impacts about this.
There's no such thing as banning them
[1:38:02]
out, right? It's a question that gets
asked. You have to find a place for them
[1:38:07]
and then you have to tell them noise,
vibration, all of those things are
[1:38:14]
over. Is there you say we're going to
allow you edge?
[1:38:20]
» This is what we're allow.
[1:38:27]
» No. So if Oracle should call our clerk
and say, "Hey, do you have a zone an
[1:38:32]
ordinance for data centers?" The clerk
can say, "Yes, we do." And here it is.
[1:38:37]
And it's just this tiny little area. So
[1:38:43]
» that is what Catherine
If you identify your industrial area as
[1:38:47]
the zone for data centers and the parcel
sizes are small the large scale work
[1:38:57]
it
becsu
[1:39:12]
big ones the same noise issue.
>> No
[1:39:17]
small footprint, little offsite impact.
So far,
[1:39:20]
» the noise isn't what we think of noise
like, well, that's too
[1:39:24]
» it's the frequency that you know the
birds know the deer know that everything
[1:39:28]
is the dogs are acting weird and it's
like living under the power.
[1:39:32]
» Yeah.
>> Right.
[1:39:34]
» Yeah.
Right. And all of that keep learning
[1:39:38]
about
this.
[1:39:41]
All right.
review of zoning map.
[1:39:48]
I'm just going to read
read one more time what was asked of us
[1:39:54]
from the board. They said
oh look at the planning commission
[1:40:00]
review zoning map proposed changes to
move large parcels from CR and R1 to egg
[1:40:05]
and have waterfront district that would
include conservation and possibly CR and
[1:40:09]
egg. And so that a request and um really
in just thinking about this and
[1:40:16]
conferring with other people that are
much smarter and know more about all of
[1:40:20]
this stuff than me. This is um
this every anything we do, any decisions
[1:40:26]
we make, they have to be based in our
master plan and they have to come from
[1:40:29]
our future language map. And um so
knowing that what I would ask what I
[1:40:37]
would suggest is that we ask our planner
to look at that and then come back to us
[1:40:42]
with recommendations on zoning changes
that are reasonable that he would
[1:40:46]
propose. So and then that would be tied
in of course the master plan. anything
[1:40:51]
else we do in this matter,
you know, if we take this matter into
[1:40:57]
our own our own hands, what we're doing
is circumventing the public process and
[1:41:01]
we can't do that. So,
>> decided not to do that to the last
[1:41:06]
meeting. That was our original request
and then Richard
[1:41:14]
wasn't on board with that request. That
was very confusing at the last board
[1:41:17]
meeting. What
was like
[1:41:24]
» um I can pull up. So are you suggesting
that that request isn't relevant
[1:41:29]
anymore?
>> Richard, what's your
[1:41:45]
» I did watch the meeting and
>> that's the case.
[1:41:53]
I guess you know just looking
[1:42:01]
it's the splitting of parcels I see some
places it's
[1:42:13]
one or the
[1:42:18]
paper agenda
this quarter this quarter that
[1:42:25]
you're
in or out of whatever you're
[1:42:34]
» Okay, this won't let me pull up the
minutes.
[1:42:40]
» I guess I was thinking
[1:42:46]
I [snorts] can remember.
>> Okay. So, Dave, repeat. What? What is
[1:42:50]
it? You think that they rescended this
request or amended it?
[1:42:56]
» Rescended it or amended it or same
people that voted on it to send it.
[1:43:03]
It's
>> this is I think it's off the table.
[1:43:07]
» My recollection.
>> Okay. Mark, is that you were at the
[1:43:09]
meeting? Okay. Well, that is easy.
[1:43:28]
That's enough. I don't have anything
else.
[1:43:43]
Thanks.
While the meeting was going on, somebody
[1:43:46]
text me and reminded me something that
at one point um selling firewood in the
[1:43:52]
lakeore zone was a problem.
[1:44:06]
» Anybody else?
>> I'd love to go
[1:44:09]
Anderson. Um, just listening tonight,
they were talking about roadside stands
[1:44:14]
and that 50% has to be grown on site.
>> Who's going to enforce going around
[1:44:20]
telling all the little kids that they
can't sell?
[1:44:22]
» I just said I wasn't going to do that.
>> Right. So,
[1:44:24]
» were you here for that? I said
>> that's not You got to try to work that
[1:44:29]
out. Um, when does having a garden won't
be there? Hopefully,
[1:44:37]
that didn't make sense to me. Um,
going back to last month's meeting, I
[1:44:43]
wasn't here. I did watch
[1:44:51]
talking about square footages and math
by 200.
[1:44:57]
were ludicrous to ask for the change.
I'd like to remind you that 30 ft back
[1:45:06]
is 10,000 more square feet that I can't
use
[1:45:11]
apples and oranges.
[1:45:16]
And I guess I'd like to answer what you
mean by your comment.
[1:45:23]
» Okay, we already have this
Well, I took it
[1:45:28]
» Curtis has his only administrator been
to your house and denied you building
[1:45:34]
anything you've proposed.
>> It's not the question I asked.
[1:45:38]
» That's what I meant by my comment.
>> I've known where I live the entire time.
[1:45:45]
» Have you been denied?
right now.
[1:45:57]
So, can
[1:46:02]
» anything else?
>> Um, I think that the only other thing I
[1:46:07]
was going to say is that if you're
talking the front setbacks between 20
[1:46:10]
and 30 ft, I think the precedent's
already been established that the 20
[1:46:14]
foot front setback isn't necessarily an
unsafe thing.
[1:46:28]
I don't think
[1:46:56]
consistency.
[1:47:03]
[snorts]
>> Okay, got the minutes here. Just got
[1:47:09]
motion.
[1:47:13]
Motion by Maron
[1:47:17]
and changes to large.
[1:47:35]
» Yeah.
Okay.
[1:47:38]
So, so game on
[1:47:44]
It was an amendment, not a resending of
the request. And so I would ask
[1:47:51]
to review our future land use map, our
master plan, and come back with
[1:47:56]
recommended changes
that would seem reasonable for starting
[1:48:02]
point for discussion.
[1:48:07]
Any
[1:48:15]
other comments? Planning Commissioners
last
[1:48:20]
call for a motion to adjourn.
[1:48:27]
Call for a motion to adjourn.
[1:48:32]
» Motion.
>> Second.
[1:48:34]
» Support by Richard. All in favor say I.
>> All right. Next meeting October 13th.
[1:48:40]
Thank you everybody.