Here’s a big “Thank You!” from our Zoning Guru, Rodney Nanney, to Shelley Tucker and the Michigan Townships Association for hosting such a great series of “Summer Evening” planning/zoning workshops across the state!

All four sessions were well attended, and all four venues were top notch. It was a pleasure to have the opportunity to present our “Nine Golden Rules for Defensible Decision-making” workshop, and to have a few extra minutes to talk about what Planning Commissions should be doing right now during this period of very tight budgets and little development activity.

If you would like to invite Building Place Consultants and Rodney Nanney out to make a presentation to your community group, check out our Speaking Opportunities page or click here to contact Rodney directly.

Solar panels OK for home, legal battle over for Canton couple

The push for alternative and renewable energy production in Michigan received a small but important boost recently when a Canton, Michigan homeowners’ association (HOA) backed down from its initial decision to deny the installation of solar cells on the roof of a home.  Here is an excerpt from the Detroit Free Press article: (more…)

2010 Michigan Townships Association Educational Conference Session

Thank you to everyone who attended our recent session on regulating small wind turbines at the recent Michigan Townships Association conference in Grand Rapids. Click here to view our PowerPoint presentation, and to download the handout materials. Click here to contact Mr. Nanney directly with any additional questions.

The following was adapted from an update prepared by Kurt Schindler at MSU-Extension; reprinted with permission from the author:

The Michigan Commission on Agriculture has adopted a new Generally Accepted Agricultural Management Practice (GAAMP) for farm markets (effective January 2010).

NOTE:  Under Michigan’s sweeping Right to Farm legislation, if the subject is covered by GAAMP standards issued by the Michigan Department of Agriculture, then it entirely preempts local zoning, including any special use approval or prohibition of the land use!

What is a “farm market” under the new GAAMP?

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The following case summary was adapted from one prepared by Kurt Schindler at MSU-Extension; excerpts reprinted with permission from the author. The Zoning Guru chose this case because it answers the $Million question elected officials face when confronted with a development-related lawsuit:

“Do we defend our master plan?“

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Apparently we should designate August as the “Planners in Literature Month” here at the Building Place Notebook.

It is true that the dog days of summer are a great time to enjoy a quiet evening with a little light reading.  We have a great “light” book to recommend today as part of the Building Place “planning fiction” series of short stories or vignettes.

Today’s posting is an excerpt from the Tom Bodett book, The End of the Road - a collection of light-hearted short stories about the people of the town of “End of the Road, Alaska.”  This book is a rarety in that it includes a couple of stories involving a professional land use planner (Mr. Emmitt Frank) as a major character.

A summary of The End of the Road from the back cover:

It’s a small Alaska town where people leave their pretensions back where they came from, and urban planners push more snow than pencils. Where New Age missionaries make appearances at the bowling alley, and the police chief weeps over the plight of Bambi. And where the Mayor stays in office mostly because folks don’t want the bother of trainin’ up a new one….

Excerpt from The End of the Road, by Tom Bodett

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Contact Building Place today to arrange for Mr. Nanney to speak to your group on this or other planning and economic development topics.

“What’s all the fuss about alternative energy production these days?”

That’s a question heard far less often now that we have experienced gasoline prices above $4 per gallon (and creeping up again), and huge increases in home heating and electricity costs this past winter.

Alternative and renewable energy facilities are “in” these days, especially in the halls of state government in Lansing.  Governor Granholm has put the spotlight on new, Michigan-based wind turbine and solar energy manufacturing plants, and the state and federal governments are pushing for more “green” energy production through incentives and mandates.

Today’s renewable energy technology is a vast improvement over 1970s Do-It-Yourself passive solar installations and high-maintenance windmills.  Most importantly, the cost of solar cells, wind turbines, and geo-thermal heating/cooling systems have come down significantly as technology improves and production increases.

PLANNING FOR OUR ENERGY FUTURE:

Michigan Governor Jennifer Granholn recently signed into law the Clean, Renewable, and Efficient Energy Act (see below after the break for more information), which is intended to make Michigan a far more attractive place for investments into alternative and renewable energy projects and manufacturing operations.  Coupled with the state’s economic development efforts to move beyond an automobile manufacturing economic base, it is important for local communities to “plan for our energy future.”

Here are five things local communities can do to be ready for an alternative and renewable energy future in Michigan:

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The following case summary was adapted from one prepared by Kurt Schindler at MSU-Extension; excerpts reprinted with permission from the author.  For the Zoning Guru, this case raises an important question for planners and zoning administrators:

“Do you know what’s in your zoning ordinance?“

Court: Michigan Court of Appeals (Unpublished No. 283202, March 17, 2009)

Case Name:  Richie v. Gladwin County

Background:

Mr. Ritchie (the plaintiff) removed a barn from his square (four sides of equal length), corner lot at Highwood and Hay Roads in Gladwin County, and constructed a quonset hut on the barn’s foundations.

“At issue was whether the portion of plaintiffs’ property on Hay Road was…

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Three types of land divisions are permitted under Michigan law:

Land developers “created” the most recent type of land division using Michigan’s Condominium Act (Public Act 59 of 1978, as amended) to establish a popular form of development known as:

1.  Site condominiums.

In addition, the Land Division Act  (Public Act 288 of 1967, as amended) allows two more “traditional” types of land divisions:

2. Subdivision plats; and

3.  Metes and bounds or “unplatted” lot splits.

This article will focus on metes and bounds land division, which is a method of describing land using:

• references to the Michigan township and range system and county division;
• local geographic characteristics;
• a point of beginning (and ending) of the legal description, which must “close” to form a polygon;
• directions of bearing (compass directions and degrees);
• distance measurements along parcel boundaries; and
• land area enclosed by the legal description.

This is the basis for many rural legal descriptions of property, which may look something like this: (more…)

A popular form of land division in Michigan.

Metes and bounds lot split applications have become much more common, especially since 1997 when significant amendments to the Land Division Act were enacted into law.  Metes and bounds lot splits are an attractive option for some landowners, primarily because of the relatively low cost to divide the land (in comparison to subdivision plats or site condominium developments).

The Land Division Act indicates that… (more…)

“Guests, like fish, begin to smell after three days.” - Benjamin Franklin

With 3,288 miles of shoreline in the State of Michigan (second only to Alaska) and 11,000 inland lakes, Michigan planners working for local government regularly come into contact with two state agencies with jurisdiction over our water, the Department of Natural Resources (MDNR) and the Department of Environmental Quality (MDEQ).

It is the MDNR side that is the focus of our next Building Place Notebook case summary, posted below courtesy of Kurt Schindler at MSU-Extension.

This is a cautionary tale about why it is better for state agencies and other entities considering projects over which local  authority is in question (such as new public school construction) to take the extra time to work collaboratively with local governments on projects in their jurisdiction.

What attracted The Zoning Guru’s attention to this case was the fishy smell wafting off of a state agency’s attempt to preempt local regulations…

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In the past, the conventional wisdom among too many “urban” planners was that agricultural zoning was little more than a “holding zone” for vacant land, waiting for development at some future time.

Today, there is a growing understanding that communities wishing to preserve the agricultural economy and unique character of our rural places must do more than simply respond and react to development pressures.  Planning for the future of rural Michigan communities is part of the mission of Building Place.  Planning for agriculture should be part of local community planning, whether your community is urban or rural in character.

As part of that mission, we are pleased to promote the upcoming 2009 Planning for Agriculture conference hosted by the Michigan Farm Bureau on January 29, 2009…

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