November 22, 2022 Planning Commission Minutes

Kimball Township Planning Commission

Kimball Township Municipal Office

2160 Wadhams Rd., Kimball Michigan

Regular Meeting

November 22, 2022

6:30 P.M.

Orr opened the meeting at 6:30 p.m. with the Pledge of Allegiance.

Roll Call of Members: Orr, Barrett, Hoffman, Henry, Howard and Tuttle.

Absent: Miller.

Also Present:
Usakowski and Erickson.

1. Approval of Agenda: Regular Meeting
   

   Barrett motioned to approve the agenda as presented supported by Hoffman.
   

   Motion Carried.
   

    

2. Approval of the Minutes:
   
   1. Public Hearing/Regular Meeting September 27, 2022
      

   Barrett mentioned that page 2, DHS should be “DHHS”.
   

    

   Barrett motioned to approve the minutes for September 27, 2022 as amended supported by Henry. Motion Carried.
   

    

3. New Business
   
   1. Moratorium on Solar and Wind Permits
      

   Usakowski explained the plan to address Solar and Wind, and the need to adopt a Zoning ordinance.
   

    

   Land leases: Rumors among residents, has led them to demand a Moratorium on Solar and Wind. Board of Trustees approved a six month Moratorium, with a six month extension if needed.
   

    

   Discussion.
   

    

   1. Master Plan Update
      

   Usakowski explained that we need a Master Plan. Six RFP’s were sent out and only one responded and they declined. It was then sent to Metro Planning and they are going to send it back with the parameters and pricing.
   

1. Old Business
   
   1. Medical Marijuana Ordinance – Board of Trustees Remarks
      

   Usakowski explained that the residents were concerned about the MMA being allowed in Residential or Agriculture, and prefer it being in Industrial. The Board of Trustees is requesting reconsideration of this board’s decision.
   

   Barrett: The Medical Marijuana Adopted Proposal by the voters that we are regulating. As a result, that provides the right for the individuals to grow the plants at their homes whether we like it or not.
   

    

   Discussion.
   

    

   Kristina Nelson, 7263 Smiths Creek Road: I’m surprised that you asked what concerns we have. The concerns have been the same over the past year of having it allowed in residential.
   

    

   Discussion.
   

    

   Usakowski: There is no perfect scenario. The township needs the ability to regulate.
   

    

   Orr: What’s the pleasure of the board?
   

    

   Howard: I thought we had a pretty good agreement with Stremers. We accomplished drafting an ordinance.
   

    

   Hoffman: Recommend to bring Stremers back and invite the Planning Commission to come to the Board of Trustees meeting or vice versa.
   

    

   Tuttle: I don’t like any of this. We came up with the reason for it to be in residential.
   

    

   Henry: I don’t like the residential either. However, industrial limits the enforcement, same as commercial.
   

    

   Barrett: Site Plan allows for additional drawings. All the concerns can be discussed prior to issuing a permit.
   

    

   Erickson: Legality is not the issue. Without a zoning ordinance, there is no enforcement.
   

    

   Howard: Can we enforce it? Supreme Court has precedence.
   

    

   Discussion.
   

    

   Howard motioned to adopt work done and send it to the Kimball Township Board of Trustees supported by Tuttle.
   

    

   ROLL CALL VOTE: YES: Howard, Tuttle, Henry, Barrett and Orr.
   

   NO: Hoffman. ABSENT: Miller. (5-1-1) Motion Carried.
   

    

   Barrett: This pertains to Home Occupation. We would have to rewrite it if it goes into commercial and industrial.
   

1. Audience Participation
   

   Nancy Crowe, 726 Smiths Creek: I am concerned about the Solar and Wind pertaining to health issues living near them. There is no way to dispose of the panels if something happens to them.
   

    

   Discussion.
   

    

   The board received a letter from Rob and Kimberly Iman, 170 Sturdevant Road:
   

   They are concerned about the Moratorium timing.
   

    

   Discussion regarding land splits, types of residential uses, performance bonds, building and electrical codes.
   

    

   Matt Crowe, 726 Smiths Creek Road: Discussion about the Marijuana Ordinance. You asked for input at the meetings. When we do, the opposite is done.
   

    

   Barrett explained.
   

    

2. Reports
   
   1. Bill Orr, Zoning Board of Appeals
      

   No report.
   

    

   1. Erik Hoffman, Kimball Township Board of Trustees
      

   No report.
   

1. Adjournment
   

   Henry motioned to adjourn the meeting at 7:39 p.m. supported by Tuttle.
   

   Motion Carried.
   

    

     Meeting adjourned at 7:39 p.m.

     Submitted by William Orr, Chairman