agenda2. letter from lillian mclachlan, assessor card and staff report 3. copy of the zoning map,...

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MEMBERS Bill Bailey - 12/31/2018 Barbara Bradford - 12/31/2019 James Gurr - 12/31/2019 Mike Hayes - 12/31/2019 Bruce Priemer - 12/31/2018 Rick Teague - 12/31/2018 Ron Tschudy - 12/31/2017 Christian Marcus - term elected Dawn LaVanway - term elected ADVISORY Stan Moore STAFF Pete Garwood County Administrator [email protected] Mathew Cooke Deputy County Administrator [email protected] Tina Schrader Administrative Assistant [email protected] Margie Boyd Secretary [email protected] OFFICE ADDRESS P.O. Box 187 Bellaire, MI 49615 PHONE: 231-533-6265 FAX: 231-533-8111 SPECIAL ASSISTANCE If you wish to attend a Planning Commission Meeting and require special assistance, please contact the Administration and Planning Office. Antrim County Planning Commission To: Antrim County Planning Commission From: Peter Garwood, County Administrator Date: January 26, 2018 Re: Regular Meeting The Antrim County Planning Commission meeting scheduled for Tuesday, February 6, 2018 Board of Commissioner’s Room Antrim County Building 203 East Cayuga Street, Bellaire, Michigan Agenda 5:30 p.m. Call to Order 5:31 p.m. Pledge of Allegiance 5:32 p.m. Conflict of Interest Disclosure 5:33 p.m. Public Comment 5:34 p.m. Organizational Meeting Election of Officers Selection of Meeting Dates/Times 5:40 p.m. Approval of Minutes from December 5, 2017 – see attached 5:45 p.m. Master Plan Municipality Feedback – see attached Set Public Hearing Date 6:30 p.m. Milton Township Proposed Amendments – see attached Map Amendment Rezone Waterfront Property and Dockage Regulations Residential Waterfront Access Regulations Outside Sales and Displays 7:30 p.m. Solid Waste Facility Siting Committee Recommendation – see attached 7:45 p.m. Various Matters 8:00 p.m. Public/Member Comment Adjournment If you have any questions, concerns, please contact the Administration and Planning Office at 231-533-6265. We appreciate your cooperation in this matter. Thank you.

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Page 1: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

♦MEMBERS

Bill Bailey - 12/31/2018

Barbara Bradford - 12/31/2019

James Gurr - 12/31/2019

Mike Hayes - 12/31/2019

Bruce Priemer - 12/31/2018

Rick Teague - 12/31/2018

Ron Tschudy - 12/31/2017

Christian Marcus - term elected

Dawn LaVanway - term elected

♦ADVISORY

Stan Moore

♦STAFF

Pete Garwood County Administrator [email protected]

Mathew Cooke Deputy County Administrator [email protected]

Tina Schrader Administrative Assistant [email protected]

Margie Boyd Secretary [email protected]

♦OFFICE ADDRESSP.O. Box 187Bellaire, MI 49615

PHONE: 231-533-6265FAX: 231-533-8111

♦SPECIAL ASSISTANCEIf you wish to attend a Planning CommissionMeeting and require special assistance,please contact the Administration andPlanning Office.

Antrim County Planning Commission

To: Antrim County Planning Commission

From: Peter Garwood, County Administrator

Date: January 26, 2018

Re: Regular Meeting

The Antrim County Planning Commission meeting scheduled for

Tuesday, February 6, 2018 Board of Commissioner’s Room

Antrim County Building 203 East Cayuga Street, Bellaire, Michigan

Agenda 5:30 p.m. Call to Order

5:31 p.m. Pledge of Allegiance

5:32 p.m. Conflict of Interest Disclosure

5:33 p.m. Public Comment

5:34 p.m. Organizational Meeting

• Election of Officers

• Selection of Meeting Dates/Times

5:40 p.m. Approval of Minutes from December 5, 2017 – see attached

5:45 p.m. Master Plan

• Municipality Feedback – see attached

• Set Public Hearing Date

6:30 p.m. Milton Township Proposed Amendments – see attached

• Map Amendment Rezone

• Waterfront Property and Dockage Regulations

• Residential Waterfront Access Regulations

• Outside Sales and Displays

7:30 p.m. Solid Waste Facility Siting Committee Recommendation – see attached

7:45 p.m. Various Matters

8:00 p.m. Public/Member Comment

Adjournment

If you have any questions, concerns, please contact the Administration and Planning Office at 231-533-6265.

We appreciate your cooperation in this matter.

Thank you.

Page 2: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

Antrim County Planning Commission 12-05-2017 Page 1 of 2

County of Antrim - Planning Commission vacancy Jim Gurr, Chairman Dawn LaVanway

Bill Bailey Mike Hayes, Vice-Chair Rick Teague

Christian Marcus Barbara Bradford, Secretary Ron Tschudy

Minutes – December 5, 2017 Board of Commissioners Room, 2nd Floor

Antrim County Building, Bellaire, Michigan

Members Present: Jim Gurr, Bill Bailey, Ron Tschudy, Rick Teague, Christian Marcus Members Absent: Barbara Bradford, Mike Hayes, Dawn LaVanway Staff and Others: Pete Garwood, Mathew Cooke, Melissa Zelanak

1. Meeting called to order at 5:31 p.m. by Jim Gurr, Chair

2. Pledge of Allegiance

3. Conflict of Interest DisclosureNone.

4. Public CommentChristian Marcus reminded members of the deadline for Interest Notification Forms and encouraged current members whose terms were set to expire to reapply for the two (2) Planning Commission openings.

5. Approval of minutesMotion by Rick Teague, seconded by Ron Tschudy, to approve the November 7, 2017 minutes as presented. Motion Passes- Unanimous

6. Antrim County Master Plan 2017 – Municipality FeedbackJim Gurr asked about the timeline for the Master Plan review. Pete Garwood, County Administrator, informed planning commissioners that the Antrim County Master Plan will be presented to the Board of Commissioners for approval to be released to surrounding municipalities at the meeting on December 14, 2017. If approved for release, the sixty-three day waiting period will begin. During that time, regional governments and local municipalities are encouraged to review the Master Plan for inconsistencies and/or possible changes, and communicate any suggestions with the Administration & Planning Office. The Commission asked the Administration Office ensure the feedback be edited into the draft. Mr. Tschudy asked that a letter of thanks be sent to Charlevoix and Grand Traverse County for the feedback they provided.

7. MSU Extension – Planning for Solar Workshop RecapRon Tschudy and Barbara Bradford attended the Planning for Solar workshop hosted by Michigan State University Extension. Mr. Tschudy indicated the document provided by Ms. Bradford (included in packet) was the basis of the workshop. Planning commissioners discussed the positives and negatives of solar power. Mr. Garwood explained how the P.A.C.E. (Property

Page 3: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

Antrim County Planning Commission 12-05-2017 Page 2 of 2

Assessed Clean Energy) program works, and noted that Antrim County participates in the program.

8. Various Matters None

9. Public/Member Comment Mr. Tschudy asked that the Board of Commissioner minutes be attached to the Planning Commission packet. Bill Bailey spoke about the conflict between some homeowners and electric companies over the installation of smart meters. Mr. Garwood and Melissa Zelenak talked to the Commission about Sarah Mills, a postdoctoral fellow from the University of Michigan, who will be delivering a presentation at the December 14, 2017 Board of Commissioners meeting on wind turbines and reducing the number of coal plants. Mr. Garwood let commissioners know that the contract to Byce & Associates for the Facilities Master Plan has been agreed to.

Motion by Tschudy, seconded by Teague, to adjourn the meeting at 6:23 p.m. Motion carried – unanimous

Meeting adjourned at 6:23 p.m.

Submitted and Approved

___________________________________ Barb Bradford, Secretary Antrim County Planning Commission Date:

Page 4: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

MILTON TOWNSHIP

January 12, 2018

Antrim County Planner Office PO Box 187 Bellaire MI 49615

To Whom It May Concern:

P.O. BOX309 7023 CHERRY AVE. KEWADIN, Ml 49648

PHONE: (23 1) 264-6697 FAX: (231) 264-6728 Email: miltonzoning~gmail.com

Within, please find the following information for your review and comment on amendments 2018, 01 thru 04.

1. Copy of the Notice in the paper, 300ft Notice for map amendment and Affidavit.

2018-01 Map Amendment Rezone of 38 acre parcel from Agricultural to Manufacturing 1. Copy of the PC minutes for November calling for a subcommittee, Decembers calling for a Public

Hearing, a copy of the Subcommittee repo1i and Januarys approving all 4 amendments. 2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use.

The parcel is a 3 8 acres used as a gravel pit which in 2012 were all rezoned to M except this one. Access is by easement off Quarterline Road, consist of gravel pits, some filled with water, low areas and up land. Boat House Storage 005-00 abuts the parcel along the north and had been rezoned to M in 2015 ( color on map needs to be changed).

2018-02 Amendment Waterfront Property and Dockage Regulations 1. Copy of the current ordinance. 2. Highlighted copy of the revised.

2018-03 Amendment Residential Waterfront Access Restrictions 1. Requested by Township Attorney that we put this in to restrict funneling to ]akefront lots.

2018-04 Amendment Outside Sales and Displays 1. Revised to clarify -- the existing wording would indicate that outside sales and displays arc allowed on a

temporary bases if the zone allowed them or not. 2. Copy of the existing wording and copy of the revised.

If you have any questions feel free to contact this office.

Sincerely,

Chris W einzapfcl

Page 5: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

~Mkid KATHLEEN WEITSCHAT

being duly sworn, says that she is the publisher of

the Elk Rapids News, L. L. C. , a

a newspaper printed, published and circulated in said

county and otherwise qualified according to Supreme

Court Rule; that annexed hereto is a printed copy of a

notice which was published in said newspaper on the

following date, or dates, to wit:

Subscribed and sworn to before me

this 5 ~ day of ~~

Notary Public,

20_

20_

20

20

20

20

2orJ

AD. 2o_fl_

My commission expires: , I 4- -;23 - ~ .,,

AFFIDAVIT OF PUBLICATION

Page 6: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

MILTON TOWNSHIP 7023 Cherry Ave. P.O. BOX 309

KEW ADIN, MI 49648 PHONE: (231) 264-6697 FAX: (231) 264-6728

NOTICE OF PUBLIC HEARING/FORUM

Dear Township Resident/Property Owner

Please be advised, on Tuesday January 9, 2018 at 7pm (location above) the Milton Township Planning Commission will hold a Public Hearing on the following:

Amendment 2018-01

OWNER: Lillian McLachlan ADDRESS: 1391 NW Torch LK. DR

Kewadin MI 49648

AGENT: Tad Dowker/North Shore Docks LLC 4330 Cairn Hwy Kewadin Ml 49648

PARCEL: 05-12-535-006-00 Located between Quarterline Road & US 31 j ust south of Boat House Storage.

Mr. Dowker under purchase agreement of the above referenced parcel is requesting a rezone of the property from A, Agricultural to M, Light Manufacturing and Processing Zoning District.

Amendment 2018-02

l 17.320 Waterfront Property and Boat Dockage Regulations

D. Restrictions applicable to property abutting lakes, rivers or continually flowing streams.

Many lands within the Township are connected to, adjoin or abut surface water bodies, as defined herein. In the interest of protecting the water quality and the natural setting of the shoreline, the following provisions shall be applicable:

1. Grnins. No permane11t groin wall structure, as defined by the Michigan Department of Enviro1m1ental Quality (DEQ), shall be installed as a shore land erosion control device on any inland lakes and streams.

2. Docks a.nd piers. Man-made extensions from the shoreline into or over said surface water bodies shall have an open sub-structure construction so as to allow the free and umestricted' movement of the inland waters littoral current.

3. Shoreline Protection Strip. A shoreline protection strip, as defined herein, shall be provided on all waterfront lots, in accord with the following provisions.

a. Permit Required. Prior to undertaking any earth change or removal of vegetation within the Shoreline Protection Strip, the property owner shall obtain a permit for such work from Milton Township and all applicable permits from the State of Michigan and/or Antrim County.

Page 7: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

i. The applicant shall prepare a complete sketch plan detailing the proposed tree and vegetation removal, soil erosion control and restoration activity. Such sketch plans shall 111eet the requirements of Section 117 .2102 of this Zoning Ordinance and shall include the location of any structures, including decks, patios, steps or paths. The location and elevation of the shoreline as defined herein, shall be indicated. Such sketch plan shall include existing topographic contours at one (1) foot intervals if the slope within any portion of the Shoreline Protection Strip is 1: 12 or greater and proposed topographic contours regardless of existing slope. Such sketch plan shall also illustrate existing and proposed vegetation by location and species.

ii. Site plan review for single family dwellings on individual lots shall be conducted by the Zoning Administrator. The Zoning Administrator may ,seek the assistance of a planning commissioner and/or other qualified individuals as he/she deems necessary. Projects exceeding two thousand (2000) square feet are to be reviewed by a Planning Commission Committee and may draw on the expertise of others like engineers~ planners, environmental organizations> etc. An escrow account may be required by the Township to offset the Township's cost for professional assistance

iii. If a Shoreline Protection Strip does not currently exist, new plantings are required to establish a Shoreline Protection Strip. New vegetation must be native to the Great Lakes region. 1:,_awn grasses ~hall not qu_alif-y as 11atura~ v_egetative _co_ver.

iv. The Shoreline Protection strip shall not be less than twenty-five (25) feet in depth and extend to not less than 80% of the width of the shoreline property. Existing conditions at or ,vi.thin twenty-five (25) feet of the shoreline may limit the dimensions of and the area coverage of the Shoreline Protection Strip as determined by the Zoning Administrator or Plruming Commission. Public parks and recreational areas are exempt from this provision.

b. Skekh Plan Appro,1al Standards

i. The following standards shall be considered by the Zoning Administrator or Planning Commission when reviewing the sketch plan submission:

a) The sketch plan shall demonstrate that the natural or restored habitat minimizes the impact to fish, wildlife and general water quality by providing natural ground cover within a shoreline protection strip .

b) Nat11ral shrubbery, trees and other vegetation shall be preserved as ftu- as practicable, and where removed shall be replaced with other vegetation that is native to the Great Lakes region and equally effective in retarding mid filtering runoff and preventing soil erosion. The Shoreline Protection Strip area (including under trees) shall primarily consist of a dense covering of low­growing plants and shrubs. Shrubs and plants shall be spaced so that coverage is complete within a two (2) year period.

Page 8: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

c) The sketch plan shall demonstrate thal erosion and sedimentalion runoff shall be prevented and shall comply with part. 91 of Public Act 451 of 1994 as amended, and any applicable local SoH Erosion Sedimentation and/or Storm Water Runoff Conlrol Ordinances.

d) Location of existing vegetation showing the species and location of trees, shrubs and ground cover wilhin the proposed dislmbance area to be saved, moved, or removed; proposed means of protec!ing exis ting plant materials during construction.

e) Location of proposed p lant materials; a planting list of proposed materials, showing sizes, height, quantity, botanical and common names, spacing.

f) Sections, elevations, plans, and details of landscape elements, such as berms, walls, ponds, retaining wa lls and tree wells.

g) Such additional information as the Zoning Administrator or Planning Commission determines is necessary to properly locate and identify existing conditions and proposed landscaping changes,.

c. ).)ermit Exemptions w,itho:ut a waiver Jn:nu the TownshiJ> Zoning A4minish:ator, The fo llowing activities shall not require a permit Lmder Section 117.320, D, 3, a.(Pennit

required): (The exemptions listed below do not apply if the activity results in sediment flowing into lakes or streams.)

i. Planting of native trees, shrubs or other plants.

ii. Post holes for fencing, decks, utility posts, mailboxes or similar applications, if no additional grading or earth change occurs for the use of the post holes.

iii. Removal of dead, diseased, unsafe or fallen trees, or trees of less that nine (9) inches in circumference (measured at a height of four (4) feet) and noxious plants and sluubs, including poison ivy, poison sumac and poison oak. Tree stumps shall not be removed so shoreline stability is retained, except as provided in Section 11 7.320, D, 3, b. (Boat Access) and c. (Deck, Patio or Steps)

iv. Seawall repair/maintenance, provided the area to be repaired/maintained does not exceed one hundred (100) square feet. If a seawall on an inland lake requires repair/maitainance of more than one hundred (100) square feet, the parcel owner shall establish a Shoreline Protection Strip above the sea wall and seek a permit per Sectionl 17.320, D, 3, a. (Permit Required) .

Page 9: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

d. Permit Exemption with a waiver from the Township Zoning Administrator. The following activities shall not require a permit under Section 117.320, D, 3; a. (Permit requhed)

i. Earth changes necessary for the proper insta1lation of lVIDEQ approved measures to mitigate shoreline erosion caused by wave action and /or to prevent ice damage to the shoreline.

e, Boat Access. Excavation for a boat ramp may be constructed to the water's edge to a maximum width of hventy (20) feet, at its widest point. Said excavation shall have a pervious horizontal surface. One boat access is pe1mitted per one hundred (100) foot parcel. Parcels of over one hundred ninety-nine (199) feet of frontage shall be limited to one boat access on each one hundred (100) foot section of frontage.

f. Deck, Patio or Steps. Within tbe Shoreline Protection Strip, a ground level deck, patio or steps not greater in width than twenty (20) feet width by fifteen (15) feet in depth may be constructed in lieu of excavation for boat access provided under Section 117.320, D, 3, d. (Boat Access). The deck or patio must be constructed of pervious surfaces and have ten (10) feet of vegetation effective in retarding and filtering run-off and preventing soil erosion between said s tructure and the shoreline. When the Michigan Building Code requires railings, they shall not exceed minimum Building Code requirements. Impervious surfaces more then four (4) feet wide must be graded to shed water runoff away from the shoreline, at a slope of not less than I :60.

4. Requirements and Recommendations for tlte upland area. In the area between the upper border of the twenty-five (25) foot Shoreline Protection Strip and fifty (50) feet upland from the shoreline.

a) A patio placed in .this area shall be constn1cted of pervious.surfaces. Impervious surfaces for steps shall not exceed fom ( 4) feet in width and shall be graded to shed water runoff away from the shoreline, at a slope of not less than 1 :60. The· water nmoff shall be

fmther directed to promote :filtration such as by retention in rain gardens, swales or other methods of retarding runoff.

b) French drains and any other enclosed pipes used for redirecting surface water shall not flow directly into water bodies, but shall be dfrected to areas of water retention and

filtration.

c) Native trees, shrubs, plants and tall grasses are recommended for planting in this area to further protect water quality, preserve sensitive wildlife habitat and reduce soil erosion and sedimentation run-off.

cl.) Methods for slowing, spreading and retaining stonn water (surface water) such as swales berms and vegetated protection strips and rain gardens are recmmnended.

e.) It is recommended that no feitilizers, herbicides or pesticides be applied within this area.

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Amendment 2018-03

117.321 Residential Waterfront Access Restrictions

Residential development(s) shall not include common waterfront access for dwelling units that arc not located on a parcel or condominium unit with direct water frontage, unless such common waterfront access area includes at least one hundred (100) feet of frontage for each dwelling w1it entitled to such common waterfront access.

Amendment 2018-04

117.215 "0" Outside Sales and Display: A commercial land use or activity that displays goods for sale or rent on an open­air lot or yard visible from the public right-of-way.

AU persons are welcome, a copy of the application/amendment can be viewed at the Mi lton Township Office, 7023 Cherry Ave., Kewadin, MI 49648 Telephone (23 1) 264-6697, during regular office hours. Written comments will be received until the time of the meeting and should be addressed to Joe Merrillat, Secretary, Milton Township Planning Commission, P.O. BOX 309 KEWADIN MI 49648. Milton Township will provide necessary reasonable auxiliary aids and services to ind ividuals with disabilities who plan on attending. Contact the Township Clerk at (231) 264-6612 as soon as possible.

Page 11: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

MILTON TOWNSHIP 7023 Cherry Ave. P.O. BOX 309

KEW ADIN, MI 49648 PHONE: (23 1) 264-6697 FAX: (231) 264-6728

300 Foot NOTICE

December 18,2017

Dear Township Resident/Property Owner

Please be advised, on Tuesday January 9, 2018 at 7pm (location abo\re) the Milt-on Township Planning Commission will hold a Public Hearing on the following:

Amendment 2018-01

OWNER: Lillian McLachlan ADDRESS: 1391 NW Torch LK DR

Kewadin MI 49648

AGENT: Tad Dowker/North Shore Docks LLC 4330 Cairn Hwy Kewadin MI 49648

PARCEL: 05-12-535-006-00 Located between Quarterline Road & US 31 just south of Boat House Storage.

Mr. Dowker under purchase agreement of the above referenced parcel is requesting a rezone of the property from A, Agricultural to M, Light Manufacturing and Processing Zoning District.

Your prope1ty is within 300ft of the request, all persons are welcome and will be heard concerning the hearings. A copy of the request, Township Zoning Ordinance and Zoning Map are available for public view and/or purchase at the Milton Township Office, 7023 Cherry Ave.; Kewadin, MI 49648 Telephone (23 1) 264-6697, during regular office hours.

Written comments will be received until the time of the meeting and should be addressed to Joe Menillat, Secretary, Milton Township Planning Commission, and P.O. BOX 309 KEWADIN MI 49648. Milton Township will provide necessary reasonable auxiliary aids and services to individuals with disabilities who plan on attending. Contact the Township Clerk at (231) 264-6612 as soon as possible.

Chris W einzapfel Zoning Administrator

Page 12: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

Milton Township Planning Commission Unapproved Meeting Minutes November 14, 2017

Members present: Chairman Hefferan, Murphy, Kingon, Merillat, Kopkau and Lefebvre Members absent: Cole.

Also present: Weinzapfel and 1 audience member.

Hefferan called the meeting to order at 7:00pm.

Approval of meeting minutes dated October l 0, 2017: Motion by Kingon to accept the minutes as presented. Seconded by Kopk:au. Motion carried.

Zoning Administrator Repo1t: Weinzapfel discussed the township attorney's thoughts on the shoreline protection strip ordinance language.

Township Board Report: Weinzapfel said Maplehurst project is continuing. Discussion of demolition of the buildings and fire department training. Update on development of road end access at Bigelow property.

No public comment.

Agenda: 1. Public Hearing for North Shore Docks. 2. Shoreline Protection Strip Subcommittee Report. 3. Outside Sales and Displays Subcommittee Report. 4. Subcommittee Request for Rezone AG to Manufacturing. 5. Set agenda for December 12, 2017 meeting.

Motion by Kingon to approve the agenda. Seconded by Lefebvre. Motion carried .

1. Public Hearing for N01th Shore Docks. North Shore Docks, owner Tad Dowker is requesting a special use permit for outdoor storage for parcel number 05-12-302-01 7-36. Current zoning is manufacturing. Surrounding zoning is M to the notth, V to the south, AG to the east and R-1 to the west. The staff report is dated November 14, 2017. Property address is 6978 Mason Drive, Kewadin, MI 49648. Master plan chapter 8 seeks to retain and promote small business within the township. Direct future light industrial and manufacturing development to the townships manufacturing zoning district, and direct future commercial uses to established, appropriately zoned areas within the township

No members had a conflict of interest.

Page 1 of 4 November 14, 2017

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This was advertised in the Elk Rapids News.

Dowker gave a brief presentation. The buildings are used for indoor storage. We've planted trees and irrigated the trees and made sure everything is within the requirements and we would like to use the outside area for storage for docks/hoists/trailers and other things relating to the business. We service over 700 customers. 150 boats stored inside and 20 boats and hoists outside. 80-90% are summer residents of Milton Township.

Weinzapfel said under l 17.1202 Special Land Uses: Outdoor storage is a permitted use.

Merillat asked regarding the site plan regarding the driveways. This is correct that he is using his own driveway off Indian Road.

Hefferan asked regarding the green belt plantings. Do they meet the ordinance requirements? Weinzapfel is looking at it from a fire fighting concern. Dowker said the stored items are spaced apart and you can walk between them and access the buildings from the east and west side. Murphy agreed. Regarding the greenbelt buffer, it requires that it be high enough to block out the view. Will we have enough height out of those trees? Murphy said you could not build a fence tall enough to completely block out the stored items. The trees will grow to be taller than what is needed.

Hefferan said in regard to greenbelts with what has been done, are the definitions been met? Weinzapfel said it does not meet the total requirement of the ordinance. It exceeds the standard of tree plantings, but it probably does not meet 117 .1205D. The trees now are 6-8 feet and extras were added at the corners.

Written correspondence in support. None.

No one wished to speak in support.

Written correspondence in opposition. One letter received from Kathleen Dwan dated October 25, 2017 in opposition. One letter received from Rodger and Nancy Bandeen dated October 26, 2017 in opposition.

No one wished to speak in opposition.

Public Hearing Closed. Commission began deliberations.

Kingon said for the record we have discussed outdoor storage as a special use allowed by our ordinance. From my point of view, I am satisfied that this application meets the ordinance requ irements.

Page 2 of 4 November 14, 2017

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Merillat asked regarding th e site plan. On a prior approval of a s ite plan for outdoor storage, it was marked where items would be stored. Here we do not have that. Murphy said he can store anywhere outdoors on the prope1ty. Merill at said if firefight ing is a concern, we should make a condition that there are one or two paths coming from Ancient Mariner for firefighting purposes. Murphy asked Dowker if he could leave one fire lane access. Dowker sa id yes . It is in his best interest. There should be unobstructed fire access. Merillat said the special use w ill run with the prope1ty. Weinzapfel asked if there is a straight in path right now, w ith no weaving back and forth w ith a fire hose? Yes.

Motion by Murphy to approve special use permit 20 17-05 SU for outdoor storage with the following conditions: 1) A buffer of appropriate evergreen trees being planted along the south side of the subject property at Indian Road and along Mariner Drive leading into the Ancient Mariner storage condominiums. All trees shall have a height of no less than 6 feet. And shall be placed in staggered double rows no more than 15 feet apa1t on the Indian Road side of the subject property and a s ingle row no more than 15 feet apart on the mariner Drive side. In addition, all trees being planted shall be planted a minimum of 10 feet from the subject property lines and or an adjoining easement. Appropriate action should be taken by the owner to assure that the trees are properl y cared for overtime. Any trees that are lost must be replaced in the next planting season so as to maintain the tree buffer required. 2) All items stored outs ide shall only consist of boats, boat trailers, boat hoi st and new and used docking platforms. All items must be sto red in a neat and orderly fashion. Items that are not in working order, serviceable for sale or considered to be discarded or trash shall not be stored outs ide . All items stored outs ide must have a minimum of l foot setback from the subj ect propetty line or recognized easement.

Seconded by Lefebvre .

Discussion. Heffern said in regard to the people who have taken the time to write us, specifically Mr. Bandeen suggests that Mr Dowker construct another building. Outdoor storage is allowed in the ordinance under a special use permit. In regard to Mrs. Dwan, this was a v iolation of the ordinance up until now, however if the commission wi.shes to approve the application we would be bringing him into compliance. Weinzapfel clarified that he was not in violation of the ordinance, but rather the speical use permit that was issued for hi s storage buildings .

Roll call: Kingon: yea, because it is in the li ght manufacturing zone which is encouraged in the Master Plan and it meets the ordinance. Lefebvre: yea, because the Master Plan supports existing businesses and water related businesses. K.opkau: yea, it is supported by the Master Plan.

Page 3 of 4 November 14, 201 7

Page 15: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

Murphy: yea, it promotes business for o ur community and is permitted under a special use permit. Meri llat: yea, because it meets the ordinance and creates an additiona l use for an existing property . Heffern: yea, Page 8-4 of the Master Plan seeks to promote small business with in the township.

Motion passed. 6-0

2. Shoreline Protection Subcommittee report: Kingon expla ined that two changes were made to the language. The new draft is dated November 6, 2017. One change was to strike the language prohibiting the spreading of fer ti lizer in the shorel ine protection strip. Another m inor change was a minor text change, simplifying the language. We will wa it for f-t1rther de liberations from Derman with the goal of hav ing a public hearing in January .

3. Outside Sales and Display Subcommittee report. We can call for this public hearing next month for January if one is called for Shoreline Protection.

4. Subcommittee Request for Rezone AG to Manufacturi ng. This is the McLaughlin property that is currently a gravel pit. Murphy, Lefebvre and Cole wi ll be on the subcommittee. November 2 1st at 9 am is when the subcom mittee w ill meet if it works with Co le upon hi s return.

5. Set agenda for December 12, 2017 meeting. 1. Shoreline Protection Subcommittee Update. 2. O uts ide Sa les and Displays Subcommittee Update. 3. Dowker Rezone Ag to M Subcommittee Report. 4. Set agenda for January meeting.

Respectfully submitted,

Joseph Meri llat

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Milton Township Planning Commission Unapproved Meeting Minutes December 12, 2017

Member present: Chairman Hefferan, Murphy, Kingon, Merillat, Cole, Kopkau, and Lefebvre

Also present: Weinzapfel and 1 audience member.

Hefferan called the meeting to order at 7:00 pm.

Approval of meeting minutes dated November 14, 2017: Motion by Kingon to approve the minutes as presented. Seconded by Cole. Motion carried.

Zoning Administrator Report: Weinzapfel gave an update on the DNR Development Grant which was not submitted on time by Gosling Zsubak. The Grand Traverse Conservancy will handle all grant applications going forward.

MT A conference will be at the Grand Traverse Resort around the end of April.

Township Board Report: Cole and Weinzapfel discussed the DNR Development Grant funding.

Agenda: 1. Dowker rezone from Ag to M Subcommittee Report. 2. Outside Sales and Displays Subcommittee Report. 3. Shoreline protection Subcommittee Report. 4. Set agenda for January 9, 2018.

Motion by Lefebvre to approve the agenda. Seconded by Kopkau. Motion carried.

Public Comment: No one wished to speak.

1. Dowker rezone from Ag to M Subcommittee Report: Application 2018-01. Murphy presented a subcommittee report dated November, 28 2017. Tad Dowker is requesting to rezone parcel 05-1 2-535-006-00 from AG to M. The property is under contract for purchase. Because this is a gravel pit, it would be great to have them all zoned consistently. It prevents sprawl and creates the least amount of residential impact. We are helping to promote small business.

Cole asked if Dowker had approached any of the homeowners where the access road goes in. Do you anticipate getting objections? This will only impact one residential home. Hefferan said he appreciates the fact that this is being motivated by Tad and his future business plans, but as this relates to a rezone we must keep in mind all uses allowed in chapter 12. Merillat said this would

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in fact make the parcel conforming with its current use. lt is currently non-conforming. Murphy asked if this deal blows apart and he pulls his request, do we sti ll continue to do this? The request would be withdrawn, but we would have the ability to continue if we made the decision to do so. Kingon said it is consistent with the other two gravel pits and consistent with the Master Plan. Cole said one issue may be the condition of the road. It is a private road. Weinzapfel discussed easements.

Motion by Cole to schedule a public hearing on January 9, 2018 for the rezoning from Ag to M for appl ication 2018-01, parcel 05-12-535-006-00. Seconded by Murphy. Motion carried.

2. Shorel ine Protection Strip Subcommiltee Report: Kingon said the language has not changed. The goal is to discuss and call for a public hearing next month.

Motion by Kingon to schedule a public hearing on January 9, 2018 to consider public input on the final draft dated November 16, 2017 of the shoreline protection strip wh ich amends section 117.320. Seconded by Lefebvre. Motion carried.

Motion by Kingon to schedule a public hearing on January 9, 2018 to consider public input on amendment 2018-03, Chapter 3, Section 117.321 adding Residential Waterfront Access Restrictions. Seconded by Kopkau. Motion carried.

3. Outside Sales and Displays Subcommittee Repott: Motion by Hefferan to schedule a public hearing for January 9, 2018 to consider public input for amendment 2018-04 Chapter 2, Section 117 .215 to change definition of Outside Sales and Displays to "A commercial land use or activ ity that displays goods or sale or rent on an open air lot or yard visible from the public right of way." Seconded by Kingen. Motion carried.

Weekly Rentals Subcommittee: Kingen, Cole, and Murphy will be on the subcommittee. Meeting will be January 15 at 9:00am.

Motion by Cole to modify the agenda to elect officers at this meeting because of the number of public hearings next month. Seconded by Kingen. Motion carried.

Hefferan nominated as chairman for 2018. Nomi nations closed. Motion by Kingen to elect Hefferan as chairman. Seconded by Kopkau. Motion carried.

Lefebvre nominated as vice chair for 2018. Nominations closed. Motion by Kingon to elect Lefebvre as vice chair. Seconded by Cole. Motion carried.

Merillat nominated as secretary for 2018. Nominations closed. Motion by Murphy to elect Merillat as secretary. Seconded by Cole. Motion carried.

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4. Set agenda for January 9, 2018 meeting. 1. Dowker rezone from Ag to M 20 18-0 1 Public Hearing. 2. Shoreline Protection Strip 2018-02 Public Hearing. 3. Residential Waterfront Access Restrictions Public Hearing 2018-03. 4. Outside Sales and Displays Public Hearing 2018-04. 5. Approval of meeting dates for 20 18. 6. Signs. 8. Set agenda for next meeting

Motion by Kopkau to adj ourn at 8: l 5pm. Seconded by Murphy. Motion carried.

Respectfully submitted,

Joseph Merillat

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Gmai I - Re: m inutes of the November 28,2017 subcommittee meeting ... https://mail.google.com/mail/?ui=2&ik=789ce 18 19a&jsvcr=vPUi2w ...

I of 2

M Gmail Christopher Weinzapfel <[email protected]>

Re: minutes of the November 28,2017 subcommittee meeting (PLEASE REVIEW AND APPROVE ) 1 message

Bruce Murphy <[email protected]> Mon, Dec 4, 2017 at 12:57 PM To: Christopher Weinzapfel <[email protected]> Cc: Chantal Lefebvre <[email protected]>, Tom Cole <tbco1e@charter. net>

Rezone A to M Subcommittee

Meeting date: November 28, 2017 (9 to 11am)

Subcommittee members: Tom Cole, Chantal Lefebvre, and Bruce Murphy

Also present: Chris Weinzapfel, Township Zoning Administrator Tad Dowker, applicant

Reason for Subcommittee meeting: application has been received to rezone parcel #006-00 from agricultural to manufacturing

Discussion of rezoning application #2018-01

Tad Dowker, applicant, has presented a request to rezone parcel number 006-00 from A to M . Applicant currently has the property under contract for purchase and one of the purchase conditions is the rezoning of the parcel. Applicant advised he has been authorized to represent the current owner of the property in this matter and will provide the Zoning Administrator with a letter from the seller stating so.

In consideration of the applicants rezoning request the sub committee discussed the previous rezoning approval of the adjoining Boathouse Storage parcel to manufacturing. At the time of that approval the commission seriously considered rezoning the subject property (parcel #006-00) to manufacturing as well. The thought was that the current use of the property, a gravel pit, would conform with the two other gravel pit sites in our township. The Powell and Converse gravel pits in or township are currently zoned manufacturing.

Applicant has also advise the subcommittee that his intent upon purchase of the subject property would be to expand his current business which is boat storage. This new use for the property would also conform with the adjoining boathouse storage property and is consistent with what is allowed in a manufacturing zone.

The sub committee feels that approving the rezoning request will allow the expansion of our manufacturing zone with a minimal impact on residential. It will help promote small business expansion which is part of the master plan of the township and concentrate our manufacturing zones to two central locations, the north end of the township and the Indian Rd., corridor.

The committee concluded that the request should be considered by the planning commission for approval and their next meeting. Sent from my iPad

> On Nov 27, 2017, at 8:50 AM, Christopher Weinzapfel <[email protected]> wrote: > > Tom is back, subcommittee meeting Tuesday at 9am >

> --> Sincerely, > Christopher Weinzapfel > Zoning Administrator

12/7/201 7, 9:53 AM

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Milton Township Planning Commission Unapproved Meeting Minutes January 9, 2018

Members present: Chairman Hefferan, Kingon, Merillat, Murphy, and Kopkau.

Members absent: Lefebvre, and Cole.

Also present: Weinzapfel and 13 audience members.

Hefferan called the meeting to order at 7:00 pm.

Approval of meeting minutes dated December 12, 20 17: Correct typo on Page 2: "for sale" rather than "or sale" Minutes approved by unanimous consent with corrections.

ZA Report: Weinzapfel discussed upcoming MTA meeting in April.

Township Board Report: Weinzapfe l discussed of Maplehurst lot line adjustments and septic easements. Discussion of development regarding the beach/parking lot for the Bigelow property. Municipal civil infraction ordinance was approved so Weinzapfel can now issue tickets for violations of the zoning ord inance.

Agenda: 1. Public Hearing Dowker Rezone from Ag to M #2018-01. 2. Public Hearing Shoreline Protection Strip #2018-02. 3. Public Hearing Residential Waterfront Access Restrictions #2018-03. 4. Public Hearing Outside Sales and Displays #2018-04. 5. Approval of meeting dates for 2018. 6. Signs Discussion. 7. Set agenda for February meeting.

Public Comment: No one wished to speak.

Motion by Kingon to approve the agenda. Seconded by Kopkau. Motion carried.

1. Public Hearing Dowker Rezone from Ag to M: #2018-01: Parcel 05-12-535-006-99 located between Quarterline Road and US31 just south of Boat House Storage. The property is currently owned by Lillian McLachlan. Acting on her behalf is Tad Dowker of North Shore Docks LLC who is the applicant. Mr. Dowker is under a purchase agreement of the above referenced parcel and is requesting a rezone of the property from Agricultural to Light Manufacturing.

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No conflicts of interest on the commission. This hearing was noticed in the Elk Rapids News on December 21, 2017.

Dowker gave a presentation regarding his application for rezoning. The property has been used as a gravel pit in the past which is currently a manufacturing use. The impact on residents would be minimal.

Weinzapfel said there are three parcels that the access road services according to the register of deeds. The large piece would be the one being rezoned, but one other small parcel is being purchased which includes the access road.

Murph~, Lefebvre, and Cole were on the subcommittee. Murphy gave the report of the request and discussed the findings of fact. This is an appropriate rezoning request. When Boat House Storage was Ag and change to M, at the time it was our understanding that the township discussed rezoning this piece of property at the same time, but did not pursue it. All the other gravel pits in the township are currently zoned manufacturing. The property' s current use is a gravel pit. The intent of Dowker is to put storage there, we thought it would be consistent with neighboring properties. This wou ld have a minimal effect on residents. Because of these things wc recommended it for a public hearing for a rezone.

Public Comment for information purposes: Mark Anderson of Cherry Ave. clarified regarding his property which was actually a PUD which was subsequently eliminated before it was changed to M.

John Wayne of Quarterline Road asked what Dowker would be doing with the property. We are not here to discuss what will go onto the prope1ty, but what would be allowed on the property with a rezone. Once you allow the rezone, there are a li st of things that would be allowed. Boat storage would be allowed with a special use permit, but there wou ld also be other things allowed. We are not focused on what Dowker may or may not want to do with the property. Would the road be oi led?

Jim Veliquette of Winters Road owns the first two lots on the access road. How would this affect those pieces of property? The zoning of your parcels will not change. The taxes will not change.

Brian Furnsteamer of Qua1terline Road: What will be the requirements for the access road? Would there be signage on Qua1terline. Regarding the gravel p it, would that activity be a grandfathered use? Regarding Paradine creek, what affects would this zoning having on that watershed? He said he was approached by the township regarding a possible rezone of his property in the past. How would this change your value if you are next door to a manufacturing zone. Would the value stay the same? Weinzapfel said to his knowledge, it has not affected prope1ty values. Weinzapfel said he is not sure who contacted him about the rezone years ago. Regarding the private road, the prope1ty has a 40-foot easement on the south. There is also a 33-foot easement on the north which the existing road is on. This 33-foot easement does not include the property in question. Dowker said the road is not built out to the easement and the road improvements depend on what goes in there in the future. Regarding the creek, that crosses the road before this property and does not touch the property. The gravel pit would be allowed by

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right in the Manufacturing zone.

Questions from the Planning Commission for Information. Merillat asked regarding US31 being a limited access highway. Murphy said it would be difficult to get access to that road. The property currently does not have access to US31. Dowker is pursuing that option.

No correspondence in support was received.

Public Comment in support of the application: No one wished to speak.

No correspondence opposed was received.

Public Comment to speak in opposition to the application: Gail Farris of Qua1terline Road. Their land adjoins the property in question. We would like to see the land stay residential because we enjoy using it very much in its current state. If they put boat storage buildings in there, it will depreciate our land. We would like to stay and enjoy what we have.

Lee Powers of Quarterline Road. Her home wou ld be overlooking the property in question. She would not like to see her property value to decline. The dust is bad with two or three cars up there. She will never be able to sell her house because of the view.

John Vanwyke of Waterside asked regarding how many jobs would be created. Hefferan clarified that this hearing is about rezoning, rather than a particular use. Murphy said he believes the jobs added would be a positive for the township.

Mark Anderson sa id he not for or against the rezoning. People make deci sions based on what the zoning is. This property has been Ag for years.

Lee Powers asked regarding the shared road. What would happen with that? Hefferan said we are only concerned with the parcel being rezoned. The current access road is not included in that. Weinzapfel sa id Powers has no right of use of the 33-foot easement on the no 1t h size. You have right of use on the 40-foot easement to the south. Dowker said that is his understand ing from the looking at the deeds.

Hefferan closed the public hearing and begin deliberations.

Kopkau said she can see both sides of the issue.

Merillat said this rezone wou ld make this property conforming to our current zoning and make it consistent with other gravel pits that are zoned manufacturing.

Weinzapfel drew a diagram to explain to the audience and commission members regarding the easements and the creek.

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Merillat said it is currently zoned Ag and you cannot have a gravel pit in Ag. It was preexisting, so it is nonconforming. If you change it to manufacturing, it would be conforming. The township would prefer conformity. If it changes ownership the use stays with the land, not the owner.

Kingon said it is always revealing to have a public hearing to get different perspectives. I understand people who have enjoyed the views and the wildlife. At the same time, our Master Plan is to preserve the rural character of our township and promote business within the township. In the sense of a commercial development, that would be a positive. I find it a challenge to weigh these two things.

Murphy said we are supporting the growth of a new business. His company is growing rapidly, and he has looked for more space to grow his business. By doing this, it will create economic growth for the community. The property from a nonconformity standpoint is an ideal location for rezoning. It is already next to a boat storage. By changing the zoning, it makes it more conforming. It does affect people's views. You've had an opportunity to enjoy property you do not own. This is the appropriate place for a business to expand and to bring the property into conformity.

Hefferan sa id he goes back to what is currently allowed on the property and what could be allowed under the rezone. Currently on the property someone could put up a wind farm. They could do outdoor storage with a special use permit or a building contractor facility. Many things that could be done would change the character of its present use without rezoning it.

Weinzapfel said he is questioning the easement issue. Does that affect the rezone? Yes. Weinzapfel is remembering when the B&B was approved and recalling the discussions around the easement. In 20 12, we did discuss rezoning the property, but the owner did not want it to be changed at that time.

Murphy said the 40-foot easement is Dowker's responsibly. Hefferan said why should we concern ourselves with the road. Dowker said he has the easement. Are requirements fo r an easement different before and after the rezone? No.

Weinzapfel clarified with the rezoning we cannot address what the use will become because it is not legal to do that. When you look at the manufacturing zone, you can see what is permitted. Special uses must come back in for a public hearing. Ce1iain restrictions can be put on property fo r special uses.

Motion by Murphy to recommend the approval of rezoning parcel 05-12-535-006-00 from Agricultural to Light Manufacturing. Application number 2018-01. Seconded by Merillat.

No additional discussion.

Roll Call: Kingon: Yea; based on the poss ibility of increased commercial activity in the township and

consistent with the Master Plan.

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Kopkau: Yea; based on the Master Plan. Murphy: Yea; based on prior comments. Merillat: Yea; it is consistent with the property to the north and makes the property use

conforming. Hefferan: Yea; based on it does bring a nonconforming parcel into conformity.

Motion carried 5-0.

Mark Anderson sa id he is very upset with the township for approving this so quickly.

Hefferan sa id this will go to the county and then to the township board for approval. He appreciates everyone taking the time to be here ton ight.

2. Public Hearing Shoreline Protection Strip 2018-02: No conflict of interest declared by commissioin members The hearing was advertised in the Elk Rapids News on December 21, 2017.

Kingon gave background on this ordinance revision. The goal is to create a shoreline protection strip 25ft from the high-water mark for our lakes and streams to protect them from pollutants and storm water runoff. In our ordinance a property may have a 20-foot excavation for a boat lift. In lieu of that, you could have a deck or patio. We put in place a process where a permit would be required to make changes within the 25 feet when the shoreline is developed. Based upon the experience we have had over the next four years, we needed to beef up the ordinance and establish some standards by which to rev iew sketch plans that were part of the review process. The easiest way to do this is to take the document and explain the new pieces. Kingon discussed the new language which is shown in red on the draft dated November 6, 20 17. Water is one of our most precious resources and supports many of our local businesses, so we must protect it.

Questions for informational purposes only:

John Vanwyke of Waterside Rapid City asked regarding a situati on he has with a stump. Kingon said first we wou ld say that stumps provide stabilization to the shoreline. You would need to come to Weizapfel and have a look at it.

Bill Kennedy of Bussa Lane said he finds this very intrusive and almost like double jeopardy because most of this is approved by So il Erosion. They are finding out that the brown algae is caused by lack of phosphorus. They are finding that is one of the leading causes of brown algae. Even though I think your intentions are good, you are overstepping your boundaries by imposing these functions when a lot of us care about the lake already but do not like government intrusion. Every Torch Lake owner wants to preserve it, but to come down with these rules is insult ing, especially when there are other organizations that you must get approvals from. You are adding one more hoop to the process when there is already a process in place.

Weinzapfel clarified regarding the responsibilities of soil erosion.

No written correspondence received in support.

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Those speaking in support of the proposed ordinance: No one wished to speak.

No written correspondence in opposition to the proposed ordinance .

Those speaking in opposition to the proposed ordinance: Bill Kennedy of Bussa Lane said see his statements above.

Public Hearing closed, and deliberations began.

Merillat asks Kingon when does it kick in. There is no difference from the prior ordinance. It kicks in when the 25-foot protection strip area is developed. This is the way it is now. It does not kick in if you want to do your 20-foot cut. Meri I lat does not like the disincentive to do a voluntary protection strip of less than 25-foot. If you want to put in a 15-foot protection strip, it is a no go, it must be 25 feet. We want to make sure the three definitions go with the new language.

Kingon said in terms of the number of feet, this was chosen years ago, and it is consistent with guidance from environmental organizations.

Murphy said he understands how much work went into this. He said Kennedy's comments are very val id. But, we have a responsibility as a township to make sure things get done to protect the water and the waterfront. We cannot ignore it and think that someone else is taking care of it.

Kingon discussed different government agencies and their responsibi lities. Kingon said we are go ing beyond what the state requi res to protect our lakes and our township. Hefferan said thanks to Kingon for his effo1ts.

Motion by Kingon to recommend approval of new language for 117.320D, Shoreline Protection Strip, application number 2018-02, draft November 6, 2017 to also include the three definitions: Earth Change be added to 11 7.205, and Pervious and Pervious Surface be added to 117.2 16 draft dated July l 0, 2017. Seconded by Murphy.

No additional d iscussion.

Roll Call: Merillat: Yea; as it sets review standards and is consistent with our Master Plan page 8-3, # 1,

page 8-4, #6 and #8, and page 8-8, #3 and #4, which all speak about the environment and the shoreline.

Murphy: Yea; as written this appropriately addresses the concern of our township and how we want to protect our lakes and streams.

K ingon: Yea; The major thing is to provide standards for review for the permitting process and strengthens the overall process.

Kopkau: Yea; as it supports the Master Plan and protecting the quality of water in our lakes and streams.

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Hefferan: Yea; based on our Master Plan that states that the township should protect the water quality from degradation and pollution.

Motion carried 5-0.

Bob Mi lliron asked regarding the approval process. This will go to the county for their comments and review and they have 30 days to do so. Then it would go to the next board meeting after that for approval. You can comment on it at that meeting, but it will not be a public hearing. This wi ll go into effect after the notice goes back into the newspaper.

3. Public Hearing Residential Water front Access Restrictions 2018-03. This is a proposed addition to add to Chapter 3, 117 .321.

No commission members declared conflicts of interest. This was adve1tised December 21, 2017 in the Elk Rapids News.

Weinzapfel said when the zoning ordinance was revised, thi s piece of language got lost in the revision. The attorney and Weinzapfel were reviewing and discovered the missing language. This addition.

Merillat went back to his drafts and found language in a draft dated May 7, 2009 and it was not in a draft dated April 15, 2011. So it was eliminated sometime in between. His recollection was that it was dropped intentionally, because if it is not in the ordinance, it is not allowed. Weinzapfel sa id true, if it is not in there it is not permitted, but our attorney sa id that this issue might be difficult to litigate, so he recommends we put it back in.

There was no subcommittee for this and no subcommittee report.

Questions for informational purposes

John Vanwyke of Waterside in Rapid City asked for clarification regarding the language. Weinzapfel explained. This will not affect anything currently in existence.

No letters were received in support or opposition.

Those speaking in suppo1t: No one wished to speak.

Those speaking in opposition: No one w ished to speak.

Public hearing closed, and deliberations began.

Kingen said the lake associations are supportive of this ordinance.

Motion by Hefferan to recommend approval of amendment 2018-03, to add 11 7.32 1 Residential

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Waterfront Access Restrictions language as printed in the Elk Rapids News on December 2 1, 2017. Seconded by K.ingon.

No further discussion

Roll call: Kopkau: Yea; because it supports our Master Plan Kingon: Yea; because it is consistent with our R 1 zoning. Murphy: Yea; because it is consistent with Rl zoning and the recommendation of township

council. Merillat: Yea; allows, but controls shared waterfront access. Hefferan: Yea; because the concept is supported throughout the Master Plan.

Motion carried 5-0.

4. Public Hearing Outside Sales and Displays 2018-04. No commission members have conflicts of interest. This was advertised in the Elk Rapids news on December 21, 2017. There is no applicant.

Hefferan explained many months ago, we were asked to look at our definition of outside sales and displays which are currently only allowed in the village zone and if we wanted to expand that to other zoning districts. The subcommittee met in August of last year. Cole said it was not the townships intent to allow displays in other zones by special use. But in looking at the language there were words that were unclear. So, the language has been updated to read " Land use or activity that displays goods for sale or rent on an open-air lot of yard visible from the public right-of-way."

Toby Way asked regarding farm markets. Hefferan said farm markets and farm stands signs are allowed in any zone.

Mark Anderson said this stern s from a discussion regarding his property. Why not have a seasonal area for display? I do not understand the resistance from the township on this. Merillat said the subcommittee looked at it but decided against changing the zones that allow Outside Sales and Displays. We are just clarifying the language. Weinzapfel said Anderson could go to the ZBA to ask for a variance.

No written correspondence in support or opposition was received.

Those speaking in support: No one wished to speak.

Those speaking in opposition: Mark Anderson said he does not think this makes sense to allow something to be a special use permit and then put a stipulation on it. You can sell this item, but you cannot display it for sale. Kingon clarified -- except for in the village zone.

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Public Hearing closed, and deliberations began.

Kingon discussed the farm stand language and where it is permitted.

Motion by Hefferan to recommend approval of amendment 2018-04, 117. 215 language for Outside Sales and Displays to be changed to "A commercial land use or activity that displays goods for sale or rent on an open-air lot or yard visible from the public right of way". Seconded by Kopkau.

No further discussion. Roll Call Vote:

Murphy: Yea; based on clarifying the definition and is consistent with the Master Plan. Kopkau: Yea; it clarifies the definition. Merillat: Yea; removes possible confusjon. Kingon: Yea; it is consistent with the Master Plan. Hefferan: Yea; it clarifies the definition.

Motion carried 5-0.

5. Meeting Dates for 2018. Motion by Kingon to approve the meeting dates for 2018 as presented. Seconded by Murphy. Motion carried.

6. Signs discussion: This is a reminder to be discussed at a later date. This is an ordinance revision.

7. Set agenda for February Meeting: 1. Weekly rentals subcommittee report. 2. Annual Bylaws review. 3. Set agenda for March.

Kingon said he wishes the subcommittee could hear these issues before the public hearing. Is there a way the public could hear what the subcommittees are working on? Murphy said he was cetiain every nearby propetiy owner would be here today. Every subcommittee meeting is noticed on the door. If something big was brought up, it could have been tabled.

Meeting adjourned by order of the chair at 9:30pm.

Respectfully submitted,

Joseph Merillat

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November 28, 2017

Chris Weinzapfel Milton Township Zoning ,

Dear Chris,

This letter is to confirm that my property off Quarterline Road, 3 parcels represented for sale by MLS listing# 1833024, is currently under contract and the buyer is Tad Dowker.

The parcel id numbers are 05-12-534-002-00, 05-12-535-006-00 and 05-12-535-006-45.

As seller of this property, I am in full support of Mr. Dowker's request for a change in zoning on this property to accommodate his business operations.

If I may be of further assistance with regard to this matter, please contact me through my agent, Wayne Toteff, at 231-392-6259. Thank you.

Sincerely, _

.----~~it.u~~ '"D}) Yf eA/l.,1et-1-Liilian Mclachlan, Trustee

Page 30: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

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Page 31: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

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Page 32: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

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M, Manufacturing

Page 33: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

.,

Parcel Number: · 0�12-535-006-00.'.'(I •

Granter Grantee

Jurisdiction:

MCLACHLAN DONALD B & LILL MCLACHLAN LILLIAN G TRUST

·�·--�·

...... ·

MILTON TOWNSHIP

Sale Sale Price Date

0 11/30/1998

Inst. Type

QC

County:

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ANTRIM

Terms of Sale

FAMILY TRANSFER

·-...:.

Printed on 12/06/2017

Liber Verified Prent. & Page By Trans. 504/347 PTA 0.0

Property Address Class: RESIDENTIAL - VAC Zoning: A (*) Building Permit( s)

School: 05060 ELK RAPIDS

Date Number Status

Owner's Name/Address

MCLACHLAN LILLIAN G TRUSTEE MCLACHLAN DONALD B TRUST 1391 N WEST TORCH LAKE DR KEWADIN MI 49648

Tax Description

P.R.E. 55% 03/13/2003 Qual. Ag.

2018 Est TCV 112,480 Improved x Vacant Public

Land Value Estimates for Land Table 4000.4000 ACTIVE AGRICULTURE

*Factors*Improvements Description Frontage Depth Front Depth Rate %Adj. Reason Dirt Road ACREAGE 24.000 Acres 3,800 100

Value 91,200

THE SW 1/4 OF NW 1/4 EXC US 31 HWY R/W SEC 35 T30N R9W

Gravel Road ACREAGE 14.000 Acres 3,800 40 SEE GENERAL COMMENTS 21,

Comments/Influences MARKET FACTORS CAUSING LAND VALUES TO INCREASE/DECREASE FROM THE NORM: -60% LOW AREAS ON A PORTION

The Equalizer. Copyright (c) 1999 - 2009. Licensed To: Township of Milton, County of Antrim, Michig�n

Paved Road Storm Sewer Sidewalk Water Sewer

X Electric Gas

Who

Curb Street Lights Standard Utilities Underground Utils.

Topography of Site Level Rolling Low High Landscaped Swamp Wooded Pond Waterfront Ravine Wetland Flood Plain

When What

*** Inform�:!;'11 h_:r.f!in deemed reliable but not guaranteed*:._*.:,'":.�.

Year Land Value

2018 56,200 2017 56,200

2016 56,200

2015 56,800

38.00 Total Acres Total Est. Land Value=

Building Value

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0 0

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56,200 56,200

56,,200 56,800

Board of Tribunal/ Review Other

112,480

Taxable Value

20,577C 20,154C 19,975C

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Page 34: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

Staff Report: No1ih Shore Docks LLC Amendment 2018-01

Rezone AG to M of parcel 05-12-535-006-00

Property Owners Name: Lillian G. McLachlan, Trustee and Donald B

McLachian Trust

Address: 1391 NW Torch Lake Dr. Kewadin MI 49648

Fax: NA

Applicant: Tad Dowker/Nmihshore Dock LLC

Address: 4330 Cairn Hwy Kewadin MI 49648

Phone: 231-313-2627

Fax: NA

PARCEL NUMBER:

05-12-535-006-00 located between Quatierline Road and US31, parcel located justSouth of Boathouse Storage. Presently owned by Lillian McLachlan and a signedPurchase Agreement with Tad Dowker if able to rezone to Manufacturing. Letter

of recommendation to rezone from Lillian.

REQUEST: The owner and buyer under contract are requesting a rezone of the referenced parcel from Agricultural (AG) to Light Manufacturing and Processing Zoning District (M).

CURRENT ZONING: Agricultural with use as a gravel pit.

MASTER PLAN Chapter8 (Page 8-4)

"seek to retain and promote small business within the Township"

"Direct future light industrial and manufacturing development to the Township's Manufacturing zoning district"

"Direct future commercial uses to established, appropriately zoned areas within the Township"

PROPERTY SURROUNDING:

No1ih: South

Zoning M AG

Use Boathouse Storage

Brian Fernsemer (stone work Company)

Page 35: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

East:

West: AG

AG

Homes Wetland and US3 l

ZONING REQUIREMENTS/REFERENCES

Sec. 117.603, A-Uses Table

Chapter 12 M: Light Manufacturing and Processing

All Uses Allowed within the Manufacturing Zone

Subcommittee report/ Application supplied

DISCRIPTION

Zoned Agricultural but has been used and run as a gravel pit for many years. I am

not sure why back in 2012 when we revised the zoning ordinance, dropping the Commercial zoning district and rezoning the gravel pits within the Township (Indian Road Powell/Converse, Birch Lake Road Steuer) to Manufacturing we did

not include these gravel pits. Also under contract for purchase is the small lot to the east 05-12-535-006-45 along with the westerly parcel (not shown) 05-12-534-002-00 NOT included in request to rezone.

The parcel includes upland, ponds/gravel pits, woods and wetlands along the south west 10 acres of the parcel and Boathouse Storage abutting the north property line.

If you have any questions please let me know prior to the meeting. Please keep all this information you only receive a short staff report after calling for a Public

Hearing. Chris Weinzapfel

Page 36: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

Lot width Number of spaces--,

,-z

Chart Notes: (per the most recent of (See Chart Notes)

Township tax roll or County GIS)

1. A jet ski (personal watercraft)1-33 1 shall be counted as one-half

34-67 2 (1/2) of a space.

68-133 3 2 One (1) additional watercraft134-167 4 space for each thirty-three (33)

168-200 5 feet of frontage beyond fourhundred ( 400) feet.

201-233 6 234-267 7 268-300 8 301-333 9 334-367 10 368-400 11

2. Number of Docks. One (1) dock shall be allowed, used, or installed for each lot, and one (1)additional dock will be allowed for each one hundred ( 100) feet of frontage beyond the firstone hundred (100) feet of frontage.

3. Dock Length. No dock shall extend more than eighty (80) feet into a body of water, measuredperpendicularly from the shoreline, unless necessary to reach water with a depth of four (4)feet, and then no further than necessary to reach such depth. Docks on a river shall conformto DEQ requirements.

4. Common Docks. Two (2) adjoining lots or parcels which have frontage directly on a lake mayshare one (1) common dock with no more than the sum of each parcel's allocated mooringsbeing utilized in total for both parcels. No other docks shall be allowed for the two (2) lots orparcels except the one (1) cornmon dock.

5. Marine sewage pump-out facility. Any dock facility providing dockage for four (4) or moreboats with Marine sewage holding tanks on board shall provide a marine sewage pump-outservice to a Health Department approved sewage disposal facility.

D. Restrictions applicable to property abutting lakes, rivers or streams.

Many lands within the Township are connected to, adjoin or abut surface water bodies, as definedherein. In the interest of protecting the water quality and the natural setting of the shoreline, thefollowing provisions shall be applicable:

1. No permanent groin wall structure, as defined by the Michigan Department of NaturalResources, shall be installed as a shore land erosion control device on any surface waterbody

2. All man-made extensions from the shoreline into or over said surface water bodies shall havean open sub-structure construction so as to allow the free and unrestricted' movement of theinland waters littoral current.

3. Shoreline Protection Strip. A shoreline protection strip, as defined herein, shall be providedon all waterfront lots, in accord with the following provisions.

,..--

/i

\

a. Permit Required. Prior to undertaking any earth change or removal of vegetation withinthe Shoreline Protection Strip, the property owner shall prepare a sketch plan of the (

Milton Township Zoning Ordinance Chapter 3. General Provisions

/\ Page 3-14

Page 37: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

proposed changes pursuant to Section 117.2102 and obtain a permit for such work from Milton Township and from the State of Michigan and Antrim County, if applicable.

b. Boat Access. Excavation for a boat ramp may be constructed to the water's edge to amaximum width of twenty (20) feet, at its widest point. Said excavation shall not includeany impervious surface.

c. Deck, Patio or Steps. Within the Shoreline Protection Strip, a ground level deck, patio orsteps not greater in width than twenty {20) percent of the lot width by fifteen (15) feet indepth may be constructed in lieu of excavation for boat access provided under Section117.320, D, 3, b. When the Michigan Building Code requires railings, they shall notexceed minimum Building Code requirements. Impervious surfaces more then four (4)feet wide must be graded to shed water runoff away from the shoreline, at a slope of notless than 1 :60.

d. Tree Removal, Soil Erosion Control and Restoration. Within the Shoreline ProtectionStrip, removal of trees of nine (9) inch circumference or greater (measured at a height offour (4) feet), soil erosion control and restoration measures may.only be conducted underthe following conditions:

i. The applicant shall prepare a complete site plan detailing the proposed tree removal,soil erosion control and restoration activity. Such site plan shall meet therequirements of Chapter 21 of this Zoning Ordinance and shall include the location ofany structures, including decks, patios, steps or paths. The location and elevation ofthe shoreline as defined herein, shall be indicated. Such site plan shall includeexisting topographic contours at one (1) foot intervals if the slope within any portion ofthe Shoreline Protection Strip is 1 :12 or greater and proposed topographic contoursregardless of existing slope. Such site plan shall also illustrate existing and proposedvegetation by location and species.

ii. The Zoning Administrator shall review the proposed plan for tree removal, soil erosioncontrol and restoration and approve a permit therefore, where the plan demonstratesan intent to improve a. situation that is dangerous to the general public or harmful towater quality because of unchecked or potential shoreline ero·sion, sediment runoff orwater pollution.

4. Permit Exemption. The following activities shall not require a permit under Section 117.320,D, 3, a:

a. An earth change of a minor nature that is stabilized within twenty-four (24) hours of theinitial earth disturbance.

b. Gardening, if the natural elevation of the area is not raised.

c. Post holes for fencing, decks, utility posts, mailboxes, or similar applications, if noadditional grading or earth change occurs for use of the post holes.

d. Removal of tree and shrub stumps or roots resulting in an area of earth change not toexceed one hundred (100) square feet.

e. Planting of trees, shrubs or other similar plants.

f. Seeding or reseeding of lawns if the area to be seeded or reseeded does not exceed onehundred (100) square feet.

g. Seawall maintenance, provided the area to be maintained does not exceed one hundred(100) square feet

Milton Township Zoning Ordinance Chapter 3. General Provisions

Page 3-15

(

; (

\

Page 38: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

117.321 Reserved

117.322 Height Provisions and Exceptions.

A. Access to all buildings and structures by the Township Fire Department must be reasonablyassured by design at time of construction if the eave height at the road or fire access side will begreater than thirty (30) feet. Church steeples are excluded from this restriction.

B. Barns, silos and other agriculturally-related structures shall not exceed ninety (90) feet in height.

117 .323 Architectural Appurtenances and Structures

A. Architectural features such as eaves, overhangs, fixed canopies, chimneys, and unenclosed roofstructures may not extend or project into any required side, rear or front yard setback area.Likewise, raised decks, steps and similar accessory buildings or structures may not extend into arequired setback area. Fences, ground level patios, walkways and similar structures forpedestrian movement may be constructed in any yard setback area, except as further restrictedby the requirements of Section 117.320, D pertaining to the shoreline protection strip.

B. The Zoning Administrator will determine compliance acceptability and can approve specificrequests which are consistent with the Ordinance intent but where interpretation questions arisebecause of uneven terrain and/or safety issues. In no case can an accessory structure orarchitectural feature projecting into the setback area result in drainage to an adjacent property orinto any lake, river or stream.

117.324 Private Garage Sales

Private garage or yard sales for the sale of personal property belonging to the owner or occupant of such property shall be permitted, if limited to no more than two (2) such sales per calendar year with each sale \ not to exceed three (3) days. Further, one (1) sign of no more than four (4) square feet in area is permitted. The sign cannot be illuminated or animated.

117.325 Farm Markets

Farm Markets shall be permitted by right in the A and A-R districts and may be conducted in a physical structure or in the open and are considered part of a farm operation. At least fifty (50) percent of the products marketed and offered for sale at a farm market (measured as an average over a five [5] year timeframe) must be produced on and by the affiliated farm. Farm products may be processed more extensively into a form that adds value and makes them more marketable for direct customer sales in accordance with Michigan laws, and then sold at the affiliated farm market, as long as allowed by local, state and federal regulations. The farm market may operate seasonally or year-round, and may include marketing activities to attract customers and facilitate retail trade business transactions.

Milton Township Zoning Ordinance Chapter 3. General Provisions

Page 3-16

Page 39: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

Chapter l Shoreline Protection Strip

117.320 Waterfront Property and Boat Dockage Regulations

D. Restrictions applicable to property abutting lakes, rivers or continually flowing streams.

Many lands within the Township are connected to, adjoin or abut surface water bodies, as defined herein. In the interest of protecting the water quality and the natural setting of the shoreline, the following provisions shall be applicable:

1. Groins. No permanent groin wall structure, as defined by the Michigan Department ofEnvironmental Quality (DEQ), shall be installed as a shore land erosion control device onany inland lakes and streams.

2. Docks and piers. Man-made extensions from the shoreline into or over said surface waterbodies shall have an open sub-structure construction so as to allow the free andunrestricted' movement of the inland waters littoral current.

3. Shoreline Protection Strip. A shoreline protection strip, as defined herein, shall beprovided on all waterfront lots, in accord with the following provisions.

-------

a. Permit Required. Prior to undertaking any earth change or removal of vegetationwithin the Shoreline Protection Strip, the property owner shall obtain a permit for suchwork from Milton Township and all applicable permits from the State of Michiganand/or Antrim County.

j_ The applicant shall prepare a complete sketch plan detailing the proposed tree andvegetation removal, soil erosion control and restoration activity. Such sketch plansshall meet the requirements of Section 117.2102 of this Zoning Ordinance and shallinclude the location of any structures, including decks, patios, steps or paths. Thelocation and elevation of the shoreline as defined herein, shall be indicated. Suchsketch plan shall include existing topographic contours at one (1) foot intervals if theslope within any portion of the Shoreline Protection Strip is 1: 12 or greater andproposed topographic contours regardless of existing slope. Such sketch plan shallalso illustrate existing and proposed vegetation by location and species.

ii. Site plan review for single family dwellings on individual lots shall be conductedby the Zoning Administrator. The Zoning Administrator may seek the assistance of aplanning commissioner and/or other qualified individuals as he/she deems necessary.Projects exceeding two thousand (2000) square feet are to be reviewed by a PlanningCommission Committee and may draw on the expertise of others like engineers,planners, environmental organizations, etc. An escrow account may be required by theTownship to offset the Township's cost for professional assistance

iii. If a Shoreline Protection Strip does not currently exist, new plantings are requiredto establish a Shoreline Protection Strip. New vegetation must be native to the GreatLakes region. Lawn grasses shall not qualify as natural vegetative cover.

·- ··-··---· ----

Page 40: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

iv. The Shoreline Protection strip shall not be less than twenty-five (25) feet in depthand extend to not less than 80% of the width of the shoreline property. Existingconditions at or within twenty-five (25) feet of the shoreline may limit the dimensionsof and the area coverage of the Shoreline Protection Strip as detennined by the ZoningAdministrator or Planning Commission. Public parks and recreational areas are exemptfrom this provision.

b. Sketch Plan Approval Standards

i. The following standards shall be considered by the Zoning Administrator orPlanning Commission when reviewing the sketch plan submission:

a) The sketch plan shall demonstrate that the natural or restored habitatminimizes the impact to fish, wildlife and general water quality by providingnatural ground cover within a shoreline protection strip.

b) Natural shrubbery, trees and other vegetation shall be preserved as far aspracticable, and where removed shall be replaced with other vegetation that isnative to the Great Lakes region and equally effective in retarding and filteringrunoff and preventing soil erosion. The Shoreline Protection Strip area(including under trees) shall primarily consist of a dense covering oflow­growing plants and shrubs. Shrubs and plants shall be spaced so that coverageis complete within a two (2) year period.

c) The sketch plan shall demonstrate that erosion and sedimentation runoffshall be prevented and shall comply with part 91 of Public Act 451 of 1994 asamended, and any applicable local Soil Erosion Sedimentation and/or StonnWater Runoff Control Ordinances.

d) Location of existing vegetation showing the species and location of trees,shrubs and ground cover within the proposed disturbance area to be saved,moved, or removed; proposed means of protecting existing plant materialsduring construction.

e) Location of proposed plant materials; a planting list of proposed materials,showing sizes, height, quantity, botanical and common names, spacing.

t) Sections, elevations, plans, and details of landscape elements, such asberms, walls, ponds, retaining walls and tree wells.

g) Such additional infonnation as the Zoning Administrator or PlanningCommission detennines is necessary to properly locate and identify existingconditions and proposed landscaping changes.

____________ c�Permit Exemn.ttQns_without_a wpt�t_fr'_om_t�_TQ..w.nsbip_Z..Q.ning�.dministr:_ator_. _____ _ The following activities shall not require a permit under Section 117.320, D, 3, a.(Pennit

--- ..__ .. .... - ___._ ___ _

Page 41: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

required): (The exemptions listed below do not apply if the activity results in sediment flowing into lakes or streams.)

i. Planting of native trees, shrubs or other plants.

ii. Post holes for fencing, decks, utility posts, mailboxes or similar applications, if noadditional grading or earth change occurs for the use of the post holes.

iii. Removal of dead, diseased, unsafe or fallen trees, or trees of less that nine (9)inches in circumference ( measured at a height of four ( 4) feet) and noxious plants andshrubs, including poison ivy, poison sumac and poison oak. Tree stumps shall not beremoved so shoreline stability is retained, except as provided in Section 117.320, D, 3,b. (Boat Access) and c. (Deck, Patio or Steps)

iv. Seawall repair/maintenance, provided the area to be repaired/maintained does notexceed one hundred (100) square feet. If a seawall on an inland lake requiresrepair/maitainance of more than one hundred (100) square feet, the parcel ownershall establish a Shoreline Protection Strip above the sea wall and seek a permit perSectionl 17.320, D, 3, a. (Permit Required).

d. Permit Exemption with a waiver from the Township Zoning Administrator. Thefollowing activities shall not require a permit under Section 117.320, D, 3, a. (Permitrequired)

i. Earth changes necessary for the proper installation of MDEQ approved measuresto mitigate shoreline erosion caused by wave action and /or to prevent ice damage tothe shoreline.

e. Boat Access. Excavation for a boat ramp may be constructed to the water's edge to amaximum width of twenty (20) feet, at its widest point. Said excavation shall have a pervioushorizontal surface. One boat access is permitted per one hundred (100) foot parcel. Parcels ofover one hundred ninety-nine (199) feet of frontage shall be limited to one boat access oneach one hundred (100) foot section of frontage.

f. Deck, Patio or Steps. Within the Shoreline Protection Strip, a ground level deck, patio orsteps not greater in width than twenty (20) feet width by fifteen (15) feet in depth may beconstructed in lieu of excavation for boat access provided under Section 117.320, D, 3, d.(Boat Access). The deck or patio must be constructed of pervious surfaces and have ten (10)feet of vegetation effective in retarding and filtering run-off and preventing soil erosionbetween said structure and the shoreline. When the Michigan Building Code requires railings,they shall not exceed minimum Building Code requirements. Impervious surfaces more thenfour ( 4) feet wide must be graded to shed water runoff away from the shoreline, at a slope ofnot less than 1:60.

4. Requirements and Recommendations for the upland area. In the area between the upper borderof the twenty-five (25) foot Shoreline Protection Strip and fifty (50) feet upland from the shoreline.

--��------- a)_A Qatio placed in this area shall be constructed ofp�rvi.Qus suefaces. Jmpervious surfaces for steps shall not exceed four ( 4) feet in width and shall be graded to shed water runoff away from the shoreline, at a slope of not less than I :60. The water runoff shall be

•· ;

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further directed to promote filtration such as by retention in rain gardens, swales or other methods of retarding runoff.

b) French drains and any other enclosed pipes used for redirecting surface water sbnll not

flow directly into water bodies, but shall be directed to areas of water retention andfiltration.

c) Native trees, shrubs, plants and tall grasses are recommended for planting in thisarea to further protect water quality, preserve sensitive wildlife habitat and reduce soilerosion and sedimentation run-off.

d.) Methods for slowing, spreading and retaining storm water (surface water) such as swales berms and vegetated protection strips and rain gardens are recommended.

e.) It is recommended that no fertilizers, herbicides or pesticides be applied within this area.

DRAFT 11/6/2017

Page 43: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

117.321

Residential Waterfront Access Restrictions

Residential development(s) in the Residential (R-1) zoning district shall not include

common waterfront access for dwellings units that are not located on a parcel or

condominium unit with direct water frontage, unless such common waterfront

access area includes at least one hundred (100} feet of frontage for each dwelling

unit entitled to such common waterfront access.

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(' '

person affiliated with the home business, who does not reside at the site, but who works on site as part of the home business. Two (2) one-half time nonresident employees are considered -one (1) nonresident employee.

Nudity or State of Nudity: The exposure of specified anatomical areas.

Nursery: An enterprise that conducts the retail and/or wholesale of plants grown on the premises, as well as accessory items (but not power equipment, such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance.

Nursing Home: A home licensed by the State for aged, chronically ill, or incurably ill persons, in which five or more such persons not of the immediate family are provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

117.215 "O"

Occupied: As used in this Ordinance, meaning either: (1) location on the ground; or (2) active use of a residential or nonresidential structure.

On Site Use Wind Energy Systems (OSUWES): A Wind Energy System intended to primarily serve the needs of the consumer located on the site with the Wind Energy System.

Outdoor Storage: A use/activity performed by a commercial or manufacturing entity that includes the storage of merchandise, equipment or materials outside of an enclosed building, excluding equipment and materials used for agricultural operations.

, / Outside Sales and Display: A commercial land· use or activity that routinely and continuously displays \. goods for sale or rent on an open-air lot or yard visible from the public right-of-way; but not including

periodic or seasonal sales, such as farm stands, sidewall< sales or temporary displays.

\

Overlay Zone: An area with modifications to the underlying zone based on specific conditions or - requirements established within this Ordinance.

117.216 "P"

Parking Lot: An off-street, ground-level open area for the temporary storage of motor vehicles.

Permittee: A person to whom a permit has been issued.

Person: An individual, proprietorship, partnership, firm, limited liability company, corporation,association, or other legal entity.

Pet: An ordinary domesticated dog, cat, bird, gerbil, hamster, guinea pig, turtle, fish, rabbit, or othersimilar animal that is commonly available and customarily kept for pleasure of companionship.

Pet Grooming Service: Any place or establishment, public or private, where animals are bathed,clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee ischarged.

Pet Shop: A retail sales establishment primarily involved in the sale of domestic animals, such as dogs,cats, fish, birds, and reptiles, excluding exotic animals and farm animals such as horses, goats, sheep,and poultry.

Physical Fitness or Athletic Center: Any facility where members or nonmembers use equipment or

Milton Township Zoning Ordinance Chapter 2. Definitions

Page 2-13

..

•' ..

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AMENDMENT 2018-04

117.215 "O"

OUTSSIDE SALES AND DISPLAYS: Land use or activity that displays goods

for sale or rent on an open-air lot or yard visible from the public

right-of-way.

Page 46: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

January 22, 2018

TO: Planning Commission

FR: Mathew Cooke, Deputy Administrator

RE: Thank You Communication

Attached is a thank you communication that was sent to the municipalities and individuals who submitted comments on the 2017 Master Plan Update.

Memorandum Administration Office

Page 47: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

County of Antrim Planning Department

January 22, 2018

To whom it may concern,

On behalf of Antrim County’s Planning Commission, we would like to thank you for your participation and comments on the 2017 Antrim County Master Plan update.

Once approved by the Board of Commissioners, we will send out notice of the 2017 Antrim County Master Plan.

Again, thank you for your time and assistance on updating our Master Plan.

Mathew Cooke

Deputy Administrator

Phone: (231) 533-6265 Fax: (231) 533-8111

www.antrimcounty.org

P.O. Box 187 Bellaire, Michigan 49615

Peter Garwood Administrator

Mathew Cooke Deputy Administrator

Tina Schrader Administrative Assistant

Margie Boyd Secretary

Page 48: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

Memorandum Administration Office

January 22, 2018

TO: Planning Commission

FR: Pete Garwood, Administrator

RE: American Waste Transfer Station

At the January 11th Board of Commissioner’s meeting, the Board executed the Lease Agreement with American Waste to construct a solid waste transfer station with the County acting as the sponsor, per the Antrim County Solid Waste Management Plan (SWMP).

The next steps according to the Solid Waste Management Plan III-9 Siting Review Procedures are as follow:

1. American Waste will submit an application and fee which will be reviewed by the Administration Office within 60 days of receipt.

2. Upon receipt of application, the Administration Office will notify the Board of Commissioners who shall appoint the Solid Waste Facility Siting Committee (SWFSC).

3. Within 10 days of determination of an administratively complete application or the creation of the SWFSC (whichever is later) the Administration Office will set the date for the first SWFCS meeting and mail agendas.

4. Within 30 days of determination of an administratively complete application, the SWFSC shall hold its first meeting.

5. Within 80 days of the first SWFSC meeting, the County shall complete its review of the application and prepare a written review of the Application including preliminary findings and scoring of the Application against the Minimum Standard Siting Criteria provided in the SWMP

6. Within 90 days of the first SWFSC meeting, the SWFSC shall meet to formally consider the Application. At this meeting and at subsequent meetings within the 90 days, the SWFSC, upon review and discussion of the preliminary scoring presented by the Administration Office against the minimum siting criteria, will complete their findings which will end in a vote on the final scoring of the application.

7. Within 15 days of the conclusion of the formal SWFSC meeting to consider the Application, the Agency shall provide its recommendations to the County Board for the final consistency determination.

8. The SWFSC shall receive formal written notice from the Administration Office at the time that the Applicant receives its Construction Permit from the Michigan DEQ or is rejected for that Construction Permit and at the time that the Applicant receives its Operating License. At the discretion of the chair or a simple majority of the members of the SWFSC it will reconvene as needed during this period (before its final dissolution 10 days after the Operating License is issued or after rejection of the Application by Michigan DEQ).

Page 49: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

The SWFSC will consist of membership as defined below:

1 Person representing environmental concerns – Tom Clement (Consensus of the Solid Waste and Recycling Council)

• 1 Person representing the County Soil Conservation Service (Pepper Bromelmeier)

• 1 Person representing the County Board of Public Works or equivelant

• 1 Person representing the County Planning Commission

• 1 Person representing the County Road Commission - Burt Thompson

• 1 Person representing the Regional Solid Waste Planning Agency (Networks Northwest)

• 2 Persons representing the municipality in which the facility site is proposed including the chiefelected official or designee (Warner)

• 2 Persons from any municipality located within three (3) miles of the active work area of theproposed site including the chief elected official or designee, and another representative from thatmunicipality. Only one (1) of these persons will be a voting member, the other will be an ex-officiomember. In the event that more than one municipality is located within three (3) miles of the activework area of the proposed site, then these municipalities will together choose only one person to be avoting member to represent these municipalities, and each municipality will designate one (1) ex-officio member. (Elmira)

Please consider taking the following action:

Motion by ______________, seconded by ______________, to recommend ______________ as the Planning Commission representative on the Solid Waste Facility Siting Committee to the Board of Commissioners.

Page 50: Agenda2. Letter from Lillian McLachlan, assessor card and staff report 3. Copy of the zoning map, one enlarged map and map with use. The parcel is a 3 8 acres used as a gravel pit

January 26, 2018 TO: Planning Commission

FR: Mathew Cooke, Deputy Administrator

RE: Master Plan Municipality Comment Edits The following edits were made based off of municipality comment received. Not all suggestions were taken:

• Various grammatical and spelling issues throughout the Master Plan • Removed 2nd Active Farming category and description. (Page 20) • Moved the #1 star representing Antrim County Airport from Central Lake to Bellaire.

(Page 56) • Removed Torch Lake Township having a Constable and added that Torch Lake Township

has a levied millage for fire protection. (Page 58) • Removed Torch Lake Township having a Mason affiliation and added a Historical

Museum. (Page 59) • Added the promotion of low impact design (LID) storm water techniques to “Protect

Water” section of Guiding Principles chapter. (Page 61) • Added provide education on LID storm water techniques to “One to Four Years” section

of Implementation chapter. (Page 68) • Adjusted summary for aspects of a thriving community to include, “These are all

necessary to incorporate a wide spectrum of population including the children and elderly.” (Page 64)

As the 42 day comment period ends next Wednesday, January 31st, there may be additional edits. If that occurs, I will make mention of them at the meeting.

The most current draft of the Master Plan is available on Antrim County’s webpage:

http://www.antrimcounty.org/downloads/master_plan_2018125_draft.pdf

Memorandum Administration Office