Master Plan and Zoning

1. Master Plan and Zoning COMSTOCK TOWNSHIP BOARD MEETING 6/2/14

2. BSLTS speaker Catherine Kaufman Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. 458 W. South Street, Kalamazoo, MI 49007 269.382.4500 kaufman@michigantownshiplaw.com. Firm website: www.michigantownshiplaw.com Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

3. Master Plan and Zoning • Township statutory authority for planning and zoning • Michigan Planning Enabling Act, MCL 125.3801, et seq. • Planning Commissions – 7/1/11 • Michigan Zoning Enabling Act, MCL 125.3101, et seq. Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

4. Master Plan and Zoning • Master plan serves as guide for future development in the planning jurisdiction. • Policy document to reflect township’s desired future land use • Should be referred to when making land use decisions • MPEA requires term Master Plan (MCL 125.3831) • Not comprehensive plan, future land use plan, general plan, community development plan, etc. • MPEA has consolidated all three prior planning laws – everything now under MPEA Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

5. Master Plan and Zoning • Zoning Ordinance is codification of township regulations on land use - LAW • Zoning Districts • Permitted/special uses • Dimensional regulations – setbacks, lot coverage, building height • Definitions • Application processes • Zoning Ordinance - Implementation of Master Plan provisions • Zoning Plan in Master Plan Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

6. Master Plan and Zoning • Relationship between planning and zoning • Zoning follows the plan • “A zoning ordinance shall be based upon a plan designed to promote the public health, safety and general welfare, to encourage the use of lands in accordance with their character and adaptability, to limit the improper use of land, to conserve natural resources and energy, to meet the needs of the state’s residents for food, fiber, and other natural resources, places of residences, recreation, industry, trade, service, and other uses of land, to ensure that uses of land shall be situated in appropriate locations and relationships, to avoid the overcrowding of the population, to provide adequate light and air, to lessen congestion on the public roads and streets, . . . Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

7. Master Plan and Zoning • Relationship between planning and zoning • Zoning follows the plan • “. . . to reduce hazards to life and property, to facilitate adequate provision for a system of transportation including, subject to subsection (5), public transportation, sewage disposal, safe and adequate water supply, education, recreation, and other public requirements, and to conserve the expenditure of funds for public improvement and services to conform with the most advantageous uses of land, resources, and properties.” MCL 125.3203(1) Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

8. Master Plan and Zoning • Why do I care? • Master Plan is the basis for zoning – guide. • If the Master Plan is not current or hasn’t been followed, the Master Plan is vulnerable to attack • If a township continually ignores the Master Plan and approves rezoning in violation of (ie., against) the Master Plan, the Master Plan’s credibility is (arguably) damaged. • What if we approve lots of rezonings and then “catch up” our Master Plan when we update it? • Not recommended – my opinion Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

9. Master Plans MICHIGAN Planning Enabling act, MCL 125.3801, et seQ. Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

10. Master Plan – What? • Michigan Planning Enabling Act gives a municipality the authority to adopt a master plan • General purpose of a master plan is to guide and accomplish, in the planning jurisdiction, development that satisfies all these criteria: • Coordinated, adjusted, harmonious, efficient and economical; • Considers character of planning jurisdiction and suitability for certain uses; • Will best promote public health, safety and welfare; • Provides for transportation system, safety from fire/dangers, light and air, health distribution of the population; good civic design, wise and efficient expenditure of public funds; public utilities, recreation, use of resources in accordance with their character. MCL 125.3807 Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

11. Master Plan – What? • Michigan Planning Enabling Act authorizes and requires preparation of township master plan • Guide for future development in planning jurisdiction, MCL 125.3831 • Master Plan shall – MCL 125.3831(2): • Make careful and comprehensive surveys of present conditions and future growth with due regard to relation to neighboring jurisdictions; • Consult representatives of adjacent governments; • Seek maximum coordination with state and federal governments; Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

12. Master Plan – What? • Michigan Planning Enabling Act authorizes and requires preparation of township master plan • Master Plan Elements – MCL 125.3833 • Land use/infrastructure – may project 20+ years in future; • Maps, plats, charts, descriptive and explanatory text to show Planning Commission’s recommendations for physical development of planning jurisdiction; • Land use plan showing allocation for agriculture, residences, commerce, industry, recreation, ways and grounds, public transportation and public buildings, schools, soil conservation, forests, open space, wildlife refuges, and other uses. Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

13. Master Plan – What? • Michigan Planning Enabling Act authorizes and requires preparation of township master plan • Master Plan Elements – MCL 125.3833 • General location, character and extent: • Transportation system and interconnectivity (complete streets) • Waterways/waterfront development • Sanitary sewers and water supply systems • Flood prevention, drainage, pollution prevention, water level maintenance • Public utilities/structures • Recommendations re blighted areas • Recommendations on streets Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

14. Master Plan – What? • Michigan Planning Enabling Act authorizes and requires preparation of township master plan • Zoning Plan for various districts • Height, area, bulk, location, use of buildings • Zoning Plan will explain how future land use categories relate to zoning districts on zoning map. • Implementation methods • Master Street Plan – recommendations for implementing with county road commission and MDOT Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

15. Master Plan – What? • Master Plan is more than just the future land use plan. • Purpose • Background info • Demographics/population/income • Natural Resources, topo, watersheds, • Climate • Prime farmland/suitability for development • Housing/dwelling units • Goals and Objectives Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

16. Master Plan – What? • Master Plan is more than just the future land use plan. • Existing Land Use • Text and map • Future • Land use (future) – text and map • Master street plan • Sub area plans • Public services/community facilities • Transportation Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

17. Master Plan – What? • Master Plan is more than just the future land use plan. • Implementation • Zoning plan • Sub area plans • Master Street Plan Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

18. Master Plan – When? • MPEA requires that Master Plan be reviewed by the Planning Commission at least every 5 years and that the PC determine if an amendment or new master plan is needed at that time. • PC’s review and findings shall be recorded in minutes of PC meeting • MCL 125.3845(2) Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

19. Master Plan – Why? • Guide for future development • Policy document embodying township’s intentions for future development • Basis for land use regulations, including zoning • Planning Commission, Township Board should refer to Master Plan • Presumption of validity • Consistency in land use decisions • Required by the Michigan Planning Enabling Act (MPEA) Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

20. Master Plan – Who? • Per MPEA, Planning Commission prepares the Master Plan. MCL 125.3831 • Planning Commission may engage a planning consultant to help prepare master plan • Planning Commission must request and review comments from adjoining municipalities, county planning commission, public utilities, railroad, public transportation agency. MCL 125.3839 • County road commission if master street plan • Planning Commission holds public hearing on Master Plan. MCL 125.3843 • Planning Commission approves the Master Plan unless the Township Board reserves right to approve, by resolution. MCL 125.3843(3) Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

21. Master Plan – Who? Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. • Township Board: • Authorize distribution of Plan for comments. • Can reserve approval of the Plan to the Board, by resolution • Involve along the way, to insure buy in • Adjacent municipalities

22. Master Plan – Who? Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. • Public: the more, the merrier • Public Hearing • Open houses • Work sessions • Stakeholder groups • Survey • Webpage

23. Master Plan – How? Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. • Master Plan Process: • Notice of Intent to Prepare Master Plan (MCL 125.3839) • Draft Master Plan – PC review • Gather background data • Collect public input (survey, open houses, focus groups, etc.) • Draft Plan • Forward Draft Master Plan to Twp Board to authorize distribution (MCL 125.3841) • Distribute Draft Plan/Comment Period – 63 days (MCL 125.3841) • Planning Commission Public Hearing (notice required) (MCL 125.3843) • Planning Commission approval OR Township Board Approval • Distribution of approved Master Plan

24. Master Plan – How? Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. • Master Plan Notices: • Notice of Intent to Prepare Master Plan (MCL 125.3839) • Planning Commission (if none, the Legislative Body) of each municipality located within or contiguous to the local unit of government • County planning commission (if none, Regional Planning Commission) • Public Utility owning/operating in local unit of government • Railroad owning/operating in local unit of government • Public Transportation agency owning/operating in local unit of government • Any governmental entity that registers for this purpose • Notice of Distribution of Draft Plan/Comment Period • 63 days for Master Plan • 42 days for Plan extension, addition, revision or other amendment • Planning Commission Public Hearing (notice required) • 15 day notice in newspaper - To all agencies already noticed • Distribution of approved Master Plan

25. Master Plan – How? Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. • Master Plan Tips: • Master Plan generally takes 1+ year to complete • Better to have public input up front, then to avoid large opposition at Master Plan public hearing • Survey/webpage/focus groups • Try and involve all groups • Stakeholders: business, schools, colleges, neighborhood groups, historic society, etc. • Have PC review sections of draft Master Plan each month • Involve Township Board – PC will need Twp Board approval to distribute OR Township Board can hold final approval of Master Plan

26. Master Plan – Now What? Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. • Use the Master Plan • Implement its recommendations – implementation section • Use as Guide - consistently apply – support for validity of Township actions (map and text) • Rezonings • Capital improvements (utilities ) • Protection of environment/natural resources • Recreation improvements • Transportation improvements

27. Zoning Michigan Zoning Enabling Act Mcl 125.3101, et seq Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

28. Zoning Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. • Zoning is current law – how property may be used today • Do not have to have zoning, but if you do, enforce it. • Not every township has zoning

29. Zoning Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. • “A zoning ordinance shall be made with reasonable consideration of the character of each district, the peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and appropriate trend and character of land, building, and population development.” MCL 125.3203(1)

30. Zoning Ordinance Maintenance Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. • Planning Commission and/or Zoning Administrator should periodically review the Zoning Ordinance to see if it is doing what the Township wants it to do • If lots of variance requests for certain issue, review Zoning Ordinance Requirements and consider revising/amending • If confusion on application of Zoning Ordinance provisions, consider revising/amending • If Master Plan suggests new future land use category and Zoning Ordinance does not have that category, consider timing and need for that amendment now • Consider updates precipitated by changes in law: medical marijuana, wind turbines, cell towers, mining regulations

31. Link Master Plan and Zoning Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

32. Link Master Plan and Zoning Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. • Master Plan is policy guide for future land use/zoning ordinance is current law • Master plan does not change zoning – it is only GUIDE for future land use (where do we want to be?). It does not regulate land use or change the zoning of property. • Zoning applies now. Only rezoning property can change the zoning of someone’s property. • Be prepared to explain this, as people will appear at Master Plan public hearing irate because the Township has “changed their zoning and they never knew about it!” • See Chapter 13, MTA’s Township Guide to Planning and Zoning

33. Link Master Plan and Zoning Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. • Master Plan is policy guide for future land use/zoning ordinance is current law • WAIT – don’t run out and wholesale rezone the entire township to match the Master Plan. Review the Master Plan for guidance • TIMING IS EVERYTHING - Read Master Plan text for analysis/direction, i.e, industrial future land use appropriate in Southwest quarter of Township WHEN public utilities become available. • Are permitted land uses that are allowed in proposed zoning district compatible with existing land uses? • Spot zoning – a dirty word? Not always! – check Master Plan See Chapter 13, MTA’s Township Guide to Planning and Zoning

34. Link Master Plan and Zoning Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

35. Acknowledgements • Master Plan and Zoning Ordinance Reference Information: • Michigan Townships Association website www.michigantownships.org • The Township Guide to Planning and Zoning, (MTA 2012) • Township Planning and Zoning Decision Making (MTA) • Michigan Association of Planning (MAP) • Michigan State University Extension – Citizen Planner • Planning and Zoning News • Your township planner ! Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

36. Acknowledgements • Master Plan and Zoning Ordinance Examples: • Milton Township (Cass County) Planning Commission, Township Board http://www.miltontwp.org/PlanningCommission.aspx • Comstock Charter Township (maps) (Kalamazoo County) • Texas Charter Township (maps) (Kalamazoo County) Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.

37. Contact information Catherine Kaufman Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. 458 W. South Street, Kalamazoo, MI 49007 269.382.4500 kaufman@michigantownshiplaw.com Firm website: www.michigantownshiplaw.com Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C.