The areas on this map outlined in red indicate those parcels that are requested for rezoning from RRB (single family residential) to RS2 (resort services. The area at left outlined in gray is under a 99-year lease to Black Bear, Inc. (Graphic Provided by Keweenaw County)

Today is the second installment in our sefies that looks at the rezoning question in Keweenaw County of property leased to Black Bear, Inc. and owned by The Nature Conservancy.

EAGLE RIVER – A September 27 request for the rezoning by Black Bear, Inc. of 80 acres in Grant Township, leased to Black Bear, Inc. has met with opposition from many county and non-county residents alike.

However, says County Zoning Administrator Susan Hockings, under Michigan law, and the County’s zoning ordinance, Black Bear has the legal right to request the zoning change, and the request is consistent with state law and county zoning ordinances.

Hockings spoke at Tuesday’s public hearing of the Keweenaw County Planning Commission, explaining Black Bear’s rights. She began by quoting the Michigan Zoning Enabling Act 110 of 2006, Chapter 125.3405, Sec. 1, subsection 5:

“A local unit of government shall not require a land owner to offer conditions as a requirement for rezoning. The lack of an offer under subsection 1 shall not otherwise affect a landowner’s rights under this act, the ordinances of the local unit of government, or any other laws of the state.”

Hockings then referred to of the County Zoning Ordinance, saying that it addresses zoning requests and whether they are stated as conditional or “straight rezoning” which, she said, Black Bear’s rezoning request is.

“There are no conditions with this request,” she said.

Chapter XX, Section 20.2, subsection B of the Keweenaw County Zoning Ordinance states, she quoted:

“Amendments may be initiated by the Board of Commissioners, the Planning Commission, the Township Board of Trustees, whose township is under the jurisdiction of the ordinance, or by petition of one or more persons having an interest in the property to be affected by the proposed amendment.

“Each petition for amendment shall be submitted to the Zoning Administrator who shall refer it for recommended action by the Planning Commission.”

Therefore, she told the large audience, the request, and the response, are covered both by the county and by state law.

“I’ve heard a lot of things about ‘Why give that up?’ and’ why are you allowing this?’ Hockings said. “That’s the reason why: It’s under the control of Black Bear.”

In her Staff Planning Report, published on January 10, Hockings stated that she found the rezoning request is also consistent with the County’s comprehensive plan, Blue Print for Tomorrow. It specifically has the first goal, she said, Future Growth and Development, which lists five policies, the first of which states:

“Through land use regulation ensure new developments function as extension of existing development patterns including Copper Harbor, Lac La Belle, Gay, and Eagle River as extended vacation, seasonal, and permanent residential communities: and Copper Harbor and Lac La Belle as tourist-oriented business/residential communities.”

The analysis report states that the county’s Future Land Use Map shows the property in question is appropriate for Resort Service land use, which is consistent within the immediate area and with the request.

The report also states that the rezoning proposal will have minimal impact on neighboring properties, primarily because they are vacant and no development has occurred, nor have any development or conditions been proposed.

Hockings’ report goes on to say that should development be proposed in the future, Keweenaw County has mechanisms in place that will ensure proper land use through the Keweenaw County Zoning Ordinance, including Site Plan Review and standards for setbacks, lighting, building height, environmental protections, parking, among a long list. Hockings added that Site Plan Reviews include public input.

The report concludes by stating that as the request ensures that the landowner’s needs are met, is consistent with Future Land Use Plan of the area, and as vacant land poses minimal impact on neighboring residential properties, and any future development must meet all requirements of the standards and controls of the County Zoning Ordinance, Staff recommends that the zoning change be approved by the Board of Commissioners.