08-14-06 PC Draft Minutes

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					                           Holly Township
                Planning Commission – Regular Meeting
                      Minutes of August 14, 2006

Call to Order: Chairperson George Barton called the August 14, 2006 regular
meeting of the Holly Township Planning Commission to order at 7:16 p.m. at the Holly
Township Hall, 102 Civic Drive, Holly, Michigan, 48442.


Commissioners Present:             Consultants Present:
George Barton                      Brian Oppmann
Steve Ruth
Rick Stevens                       Staff Present:
Bill Angus                         Laura DeVault, Building & Zoning Administrator
Lalaine Kilbourn                   Roger Welsh, Ordinance Officer
Ted Gurski

                                   Others Present:
                                   Dan McPherson, Fibertower

           Commissioner Kilbourn moved to excuse Mark McHalpine.
            Commissioner Stevens supported the motion. A voice vote was taken;
            all those present voted yes; the motion carried.

Approval of Agenda:
Add Item 2 under Communications: Renaissance Festival Special Use Contracts &

Add: Mr. Welsh under Communications

           Commissioner Kilbourn moved to approve the August 14, 2006
            Agenda as amended. Commissioner Gurski supported the motion. A
            voice vote was taken; all those present voted yes; the motion carried.

Approval of Minutes:
       1. Draft Minutes of May 8, 2006, Regular Meeting

               Commissioner Kilbourn moved to approve the May 8, 2006
                Meeting. Commissioner Gurski supported the motion. A voice
                vote was taken; all those present voted yes; the motion carried.
Holly Township Planning Commission – Minutes of August 14, 2006              Page 2 of 8

   1. Public Notice for Charter Township of Grand Blanc to consider a Planned
      Unit Development Overlay Option PUD #05-002.

   Commissioner Kilbourn commented she’d still like to either by e-mail or snail mail
   receive timely things to review or attend meetings.

   Chairperson Barton indicated it might be easy to scan information coming in and
   attach it to an e-mail. Ms. DeVault agreed.

   2. Michigan Renaissance Festival Special Use Contracts & Insurance.

   Chairperson Barton indicated they have a multi-year agreement so they don’t have to
   appear before the Commission.

   Commissioner Kilbourn commented she has noticed this year they’re open an
   additional day. She doesn’t know if they called the office and let people know.
   Ms. DeVault indicated they did.

   Commissioner Kilbourn produced a Tri-County Times article about a lawsuit
   regarding a Jaikins who owned property in Rose Township. It was regarding a
   lawsuit between him and Rose Township. Basically the township agreed to approve
   the land division if he first provided a complete private road and granted access to the
   property and he didn’t want to do that. The suit lasted years and the court found in
   Rose Township’s favor and essentially found that the Land Division Act does not pre-
   empt Rose Township ordinance and that the ordinance can have requirements that are
   stricter than state laws regarding accessibility. Rose Township’s attorney
   commended Rose Township for sticking to their guns.

   Mr. Welsh indicated the supervisor of Rose Township was in the office and
   commented he understood that Holly Township does not have the language that Rose
   Township has and Holly Township should be looking at that.

   Mr. Oppman indicated his understanding that the ordinance does protect against land
   division; the first thing you’re looking for is a public road of record or a private road.
   He feels the Township is protected in that regard, but it should be checked.

   Mr. Welsh indicated he was here tonight as the Township’s ordinance officer to
   answer any questions the Commission may have. He has 30 cases right now;
   probably half of them are inactive. He began focusing on junk cars, which he’s
   having real success with. Some people have been hesitant; probably have had nine in
   the last two or three months.
Holly Township Planning Commission – Minutes of August 14, 2006             Page 3 of 8

   Commissioner Kilbourn had a question regarding the process for taking care of
   abandoned buildings and what’s considered blight.

   Mr. Welsh considers blight as not the building, itself; just the surroundings. As far as
   a dangerous building, he indicated the building inspector needs to make that

   Ms. DeVault said they have a routine where they have three cases go through the
   process of hearing. Once the business is done, they will begin other cases.

   Commissioner Stevens suggested down the road he’d like to see where the public gets
   behind Mr. Welsh, rather than him being a government agency almost. As an
   example, Mr. Welsh may have the endorsement from the Holly beautification
   committee or public support.

   Chairperson Barton was curious what townships like Birmingham or Bloomfield
   would do about a house sitting with a basement full of water. He wondered whether
   they had an ordinance where they can’t let the thing just die.

   Mr. Oppman indicated a lot of times they get the County Health Department
   involved, get them out to the house to inspect it with the building official to determine
   whether it’s essentially a building that’s dilapidated or it has disease problems.

   The board discussed options to remedy the state of abandoned homes and the
   possibility of putting liens on property for improvements done by the Township.

   Mr. Welsh indicated he didn’t know whether some of these things are Planning
   Commission issues or not.

   Mr. Oppman suggested to the Planning Commission that Steve Ruth could present the
   request to the Board of Trustees.

   Mr. Welsh indicated the attorney is working on the “truck stop” site on Grange Hall.
   He noted Brian Oppman is working on that also. Mr. Welsh has met with the
   supervisor and the two principals there and thought they had reached an agreement on
   how it was going to be handled. They have until today to come in with a site plan and
   meet with the planner, they never showed up.

   Chairperson Barton questioned who owns it. Mr. Welsh responded it was owned by
   Richard and Beverly Clark, who live in Grand Blanc.

Old Business: None

New Business:
Holly Township Planning Commission – Minutes of August 14, 2006           Page 4 of 8

   1. Site Plan application for collocation at parcel 01-12-101-004, 6090 Belford,
      Holly, Michigan, 48442 by Fibertower, 38029 Schoolcraft, Livonia, Michigan,

   Dan McPherson, from Riley & Associates, 30150 Telegraph Road, Suite 420,
   Bingham Farms, Michigan, was present representing Fibertower. They are asking for
   permission to install one dish antenna 120 feet on an existing tower. There are
   several carriers already on that site. They are also proposing to have one equipment
   cabinet outdoors less than five feet tall, on a 4-by-4 pad. That also is within the
   existing fenced area. They are not proposing any changes or additions to the site.

        Commissioner Kilbourn moved to approve the site plan for Fibertower
         collocation, parcel 01-12-101-004. Commissioner Gurski supported the
         motion. A roll call vote was taken. Angus: yes; Killbourn: yes; Stevens:
         yes; Gurski: yes; Barton: yes; Ruth: yes. The motion carried by a 6 to 0

  2.   Request for dealer’s license signature by Ron Dennis Excavating, parcel
       01-28-302-017, 3080 Grange Hall Road, Holly, Michigan, 48442.

   Ms. DeVault stated that Ron Dennis Excavating has a dealer’s license now.
   Apparently the requirement was changed for licensing in the last two years. He has
   had his license renewed annually yet has not sold used cars as part of his current
   business operation. He would like to just maintain his current license.

        Commissioner Angus moved for recommendation to the Township
         Supervisor to fill out the form and sign it. Commissioner Ruth supported
         the motion. A voice vote was taken; all those present voted yes; the
         motion carried.

   Commissioner Stevens noted there may be a portable sign at the business.

   Ms. DeVault indicated that she and Mr. Welsh will inform property owners of the
   requirements for signs.

   2. Proposed zoning ordinance text amendments for Special Use and Zoning
      Board of Appeals per new Michigan Enabling Zoning Act PA 110 of 2006.

   Mr. Oppmann indicated this was in response to PA 110, the new Zoning Enabling
   legislation that is effective as of July 1st. There was a Township Zoning Act,
   City/Village Zoning Act and County Zoning Act and they were basically merged. As
   a result, there are text amendments that reflect the changes in the law. The major
   change was notification requirements. Instead of the 5 to 16 days, now it’s at least 15
   days notice for everything. There’s no difference between a variance, a special land
   use, or a PUD. All those have the same notice requirements. The 300 foot notice
Holly Township Planning Commission – Minutes of August 14, 2006            Page 5 of 8

   requirements stayed the same. The only thing added, which Mr. Oppmann stated he
   believes was a Township practice anyway, was if the property was on the border
   between Holly Township and the Village, you still have to notify people within
   another jurisdiction. It’s clearly stated now in the ordinance amendment.

   Mr. Oppmann noted there’s also changes to the ZBA; one being the requirements if
   someone relines, that now has to be billed within 30 days instead of 60. Instead of
   denying on the variance, there’s the opportunity to appeal. It used to be 21 days, now
   it’s 30. Now there’s also a provision that allows for someone who’s denied by the
   ZBA, goes to circuit court and denied again, they can go to the court of appeals.

   Mr. Oppmann informed the Commission that Ms. DeVault has been going through
   the bylaws for the ZBA and Planning Commission because there may need to be
   some minor tweaks for those. They will both make sure that everything is consistent
   between the ordinance and the bylaws so everyone is on the same page.

   Mr. Oppmann requested of the Commission to set a public hearing. After the
   Township attorney reviews the changes, they’ll go from there.

   Chairperson Barton stated the Planning Commission would hold a public hearing and
   recommend to the township board to approve the changes at the next month’s
   meeting on September 11, 2006.

   Mr. Oppmann indicated that even though the changes are not now in the ordinance,
   the Township is enforcing it according to the new law.

   Ms. DeVault noted there was an additional item the attorney recommended.
   Michigan Zoning Enabling Act, the new law, allows for the legislative body to
   transfer some of the powers to the Planning Commission. They recommend that you
   present the original resolution of transferring powers to the Township board.

   Mr. Oppmann reminded the Commission the old language in all the old enabling acts
   had 50 year old references to the zoning board. All that’s been changed now to a
   Planning Commission.

   Commissioner Killbourn questioned the first item, “The zoning administrator shall
   review …”, does it strictly have to be the zoning administrator; couldn’t it be zoning
   administrator and staff.

   Mr. Oppmann responded he thinks you’d have to look at who the township board
   gives authority over those matters. In this particular case it’s the zoning
   administrator. There’s ways to change that to say, or duly appointed.

   Chairperson Barton asked whether there was any discussion.
Holly Township Planning Commission – Minutes of August 14, 2006             Page 6 of 8

   Commissioner Killbourn asked how they defined the welfare of the Township of
   Holly. She noted one item said something about any safeguards being necessary for
   public health, safety, and welfare of the Township of Holly.

   Ms. DeVault noted it was defined in the Master Plan.

   Mr. Oppmann responded part of the police powers of the zoning ordinance is
   protecting the health, safety and general welfare of the community. He agreed with
   Ms. DeVault that you define your philosophy in the Master Plan.

   Commissioner Killbourn questioned a line for the ZBA. The addition is Zoning
   Board of Appeals shall state the grounds of any determination made by the board. If
   you read that section, she assumes it means the Zoning Board of Appeals, but it could
   have been the Township Board, it didn’t really fit with the section it was in.

   Ms. DeVault responded she chose that section because it had the decisions and
   deliberations. It also states in there they need to make a full statement of their
   decision. She agreed to move this sentence to the first line of that subsection for

   Mr. Oppmann noted the new law requires the ZBA to give a reason.

   Ms. DeVault indicated that the ZBA Chairperson Stevens is really good about that.
   They’ve got a five point criteria they meet.

       Commissioner Killbourn moved for a public hearing on the changes to
        the code ordinances for the next meeting, September 11, 2006.
        Commissioner Gurski supported the motion. A voice vote was taken; all
        those present voted yes; the motion carried.

Public Comments:
      Commissioner Ruth questioned whether there was anything in zoning that talks
      about using lake bottom acreage to make up acreage for lot size.

      Mr. Oppmann noted when considering a development you cannot count a lake as
      acreage. He added if you’re looking at straight splits, it does count as part of your

      Commissioner Ruth gave an example of a private individual having 10 acres of
      land and 10 acres of submerged land, can they turn that 10 acres into four 2 ½
      acre lots.
Holly Township Planning Commission – Minutes of August 14, 2006             Page 7 of 8

      Mr. Oppmann responded, following the letter of the book, yes, you could. A
      straight split, there’s nothing in there that says you can’t count pond or lakes. But
      if you come in and do a cluster or any kind of development, you couldn’t.

      Commissioner Killbourn is following what’s happening in Fenton Township
      about the conditional zoning, where it had originally been agricultural and the
      Township changed the zoning, now they want it changed back to agricultural; the
      township board suggested they do conditional zoning. She asked for an
      explanation of conditional zoning.

      Mr. Oppmann noted it is something that can happen in this township. An
      applicant will suggest provisions or regulations that the township would agree
      upon. They want to rezone it to have 10 lots and it becomes a negotiation
      process. If there’s any kind of defaults in terms of not doing what he’s supposed
      to, it can be reverted back, or any kind of violation, it stays with the land.

      Mr. Oppmann gave an example of a business occupying a house. In an agreement
      for conditional rezoning it will say you can have your rezoning to turn the house
      into an office; if the business closes or moves out, it reverts back to residential.

      Mr. Oppmann noted not a lot was going on with McCulloch. The Township
      Supervisor and Mr. Oppmann went up to Baja MX one afternoon. The facility
      seems to be much larger. Baja has tons of land and parking. Mr. McCulloch
      submitted a deficient schematic site plan. Supervisor Smith, Clerk Winchester,
      Greg Need, Mr. Oppmann, Randy Ford met about it and they’re trying to get
      something worked out. The attorney has amended the consent judgment. Right
      now everyone’s taking a look at it. If it’s agreed upon, we’ll get into the site plan.

      Mr. Oppmann indicated what McCulloch initially proposed was three tracks,
      much bigger than anybody ever anticipated.

      Commissioner Killbourn asked about Sonrise Homes. Ms. DeVault responded
      they have one model.

      Commissioner Killbourn asked whether there were homes that they were going to
      be building following the exact design detail and footprints of what was approved
      to Silverman and Pulte. Ms. DeVault indicated they had five models initially and
      they have two that are definite and they’re doing some tweaking on three of the
      other plans. They’re also looking at having multiple options for buyers when they
      come in; selecting cabinets, colors. They haven’t provided that yet.

      Commissioner Killbourn wondered whether that would come in front of Planning
      Commission if they’re planning on changing anything. The site plan was
      approved based on the types, sizes and outside aesthetics, etc. If they changed to
      a different builder, wouldn’t they come in and show a brochure, here’s what they
Holly Township Planning Commission – Minutes of August 14, 2006            Page 8 of 8

       Mr. Oppmann indicated they were basically given a description of the type of
       homes they were looking at building, the builder and the setbacks. They have to
       live within the site plan. Elevations and floor plans are required for final

       Commissioner Angus indicated part of the negotiations on the PUD was to talk
       about the houses. He feels as a courtesy Sonrise should have came in.

       Ms. DeVault indicated she and Mr. Oppmann went through the record and it
       would be per site plan final approval and they could find only one written

       Mr. Oppmann indicated it’s a cluster development and the board doesn’t have
       architectural control, the ordinance doesn’t allow for that. In a PUD you have
       some wiggle room as to “quality”.

       Ms. DeVault noted the fire chief and the township clerk requested that an antenna
       space be reserved on top of the water tower.

       Chairman Barton indicated it was not for cell phones, just for police radio

       Commissioner Stevens indicated in the Silverman development there’s a piece of
       land that looks like it’s been graded down, like it’s almost a holding area for
       water. He thinks it was supposed to be the park.

       Ms. DeVault responded before they get any building permit, they will have a
       bond to improve it. They’ve got their master deed recorded and the attorney is
       looking at the development agreement.

       Commissioner Gurski indicated he had the opportunity to kayak with a group of
       people down the Shiawassee River. He didn’t notice the Pulte development. He
       did notice the culvert that comes out from their retention basin. The intention of
       the push to save that area worked well. The river is as good as the Rifle or the
       AuSable, it’s clear. There are a couple active groups that go down and keep logs
       trimmed out. There’s a gentleman from the Department of Fishery that guided
       people that were doing that.

       Chairman Barton, hearing no other business, adjourned the meeting at 8:01 p.m.

Zo Turner, Recording Secretary