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Holly Township Planning Commission

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					                              Holly Township
                   Planning Commission – Regular Meeting
                         Minutes of October 15, 2007
Call to Order: Chairperson George Barton called the October 15, 2007 regular meeting
of the Holly Township Planning Commission to order at 7:03 p.m. at the Holly Township
Hall, 102 Civic Drive, Holly, Michigan, 48442.

Roll Call:

Members present:                          Members absent:
George Barton                             Steve Ruth
Rick Stevens                              Ted Gurski
Bill Angus
Mark McHalpine                            Others present:
LaLaine Kilbourn                          Brian Oppmann, Planner
                                          Mary Blanchard, Headwaters Trails
Staff present:                            Douglas Lanyk, Headwaters Trails
Laura DeVault, Zoning Administrator       John Sturgis, Fenton Izaak Walton League
                                          John Macbeth, Fenton Izaak Walton League

    Commissioner LaLaine Kilbourn moved to excuse Steve Ruth and Ted
     Gurski from the meeting. Commissioner Mark McHalpine supported the
     motion. A voice vote was taken; all those present voted yes; the motion
     carried by a 5/0 vote.

Agenda Approval

    Commissioner LaLaine Kilbourn moved to approve the October 15, 2007
     agenda, as amended. Commissioner Mark McHalpine supported the motion.
     A voice vote was taken; all those present voted yes; the motion carried by a
     5/0 vote.

Public Hearings:

1. Proposed text amendment to Holly Township Code of Ordinances, Chapter 32 Zoning,
   Article 8 Planned Residential Development, Section 32-314(a)(3) variation on
   minimum dwelling unit floor area.

    Commissioner LaLaine Kilbourn moved to open the public hearing for the
     proposed text amendment to the Code of Ordinances, Chapter 32, Zoning
     Article 8, Section 32-314(a)(3). Commissioner Mark McHalpine supported
     the motion. A voice vote was taken; all those present voted yes; the motion
     carried by a 5/0 vote.
Holly Township Planning Commission Meeting Minutes of October 15, 2007 Page 2 of 9


   Chairperson Barton invited the public to address the Planning Commission. No one
   present spoke.

    Commissioner LaLaine Kilbourn moved to close the public hearing for the
     proposed text amendment to the Code of Ordinances, Chapter 32, Zoning
     Article 8, Section 32-314(a)(3). Commissioner Mark McHalpine supported
     the motion. A voice vote was taken; all those present voted yes; the motion
     carried by a 5/0 vote.

Approval of Minutes:

    Commissioner LaLaine Kilbourn moved to approve the September 10, 2007
     minutes, as written. Commissioner Mark McHalpine supported the motion.
     A voice vote was taken; all those present voted yes; the motion carried by a
     5/0 vote.

Communications:

1. Notice of Intent to amend Master Plan, Groveland Township
2. Charter Township of Grand Blanc, Community Development Department notice of
   Technology Corridor workshop November 7, 2007

New Business:

1. Proposed text amendment to Holly Township Code of Ordinances, Chapter 32 Zoning,
Article 8 Planned Residential Development, Section 32-314(a)(3) variation on minimum
dwelling unit floor area.

Commissioner LaLaine Kilbourn stated because she was absent at the last meeting she
wanted to express her disappointment in this proposed text amendment. Ms. Kilbourn
noted this follows Silverman’s current developer not reading the site plan correctly,
building some houses smaller than were allowed. She understands working with a
developer or builder, though the Township has ordinances and site plans in place for a
reason. She believes in the future when there are different members on the Planning
Commission, they will be faced with ordinances that now giving leeway to builders and
developers to build smaller homes on smaller lots whenever they want to. She doesn’t
believe this is the direction Holly Township should be headed. Argument was made
regarding how the economy is right now and everyone wants smaller homes. She
questions what happens when the economy turns around.

Zoning Administrator Laura DeVault indicated the Board of Trustees had discussed this
also at their meeting. The only time this ordinance would apply is in the case of a cluster
or PRD when open space is being exchanged in order to protect the Township’s natural
resources. This will not apply to any builder on any site.
Holly Township Planning Commission Meeting Minutes of October 15, 2007 Page 3 of 9


    Commissioner LaLaine Kilbourn moved to recommend approval to the
     Holly Township Board of Trustees the text amendment to the Holly
     Township Code of Ordinances, Chapter 32, Article 8, Section 32-314(a)(3),
     per planner’s opinion and attorney’s report. Commissioner Rick Stevens
     supported the motion. A roll call vote was taken. Angus: Yes; Kilbourn:
     Yes; Stevens: Yes; McHalpine: Yes; Barton: Yes. The motion carried.

Old Business:

1. Discussion on terms of conservation easement for Riverside Open Space parcels.

Mr. John Sturgis, 3092 South Vassar Road, Burton, Michigan stated he represents the
Fenton Chapter of the Izaak Walton League of America (IWL). Their chapter is in need
of a place to conduct training classes and youth activities such as fishing derbies. This
area would be ideal. They are very motivated to keep the plan in a conservancy.
Something that was up for discussion was a flattened out area of 3.9 acres. When they
have events, they have up to 144 children register. That area would be critical for a
classroom/clubhouse type of structure and a parking area.

Mr. Douglas Lanyk, 10541 Tamryn Boulevard, Holly, Michigan, vice president of
Headwaters Trails, stated they had a proposal to facilitate the final site plan for the
Riverside development as it was initially agreed to. He read the Planning Commission a
letter from his organization, provided them copies, along with a map and an aggressive
time table for the proposal. The aggressive time table is one that can be accomplished
given the good will of all parties involved.

Ms. Mary Blanchard, 3444 Old Creek Drive, Holly, Michigan, secretary of Headwaters
Trails, indicated the president of Headwaters Trails, Sue Julian, expressed her apologies
for not being present, she had a schedule conflict.

Mr. Lanyk stated on the map it says trails, it should be corrected to say trail easement.
This is where Headwaters Trails would maintain the trail and the signage. They are
asking Pulte to come up with a bond for the signage and play structure; and Silverman to
come up with the escrow for the bridge repair, among other things reflected in the
documents provided.

Administrator DeVault noted the Township has a letter of agreement that Pulte was
responsible for the cost of the bridge. Silverman has done a temporary fix on it.

Mr. Lanyk stated Headwaters Trails’ goal, if they had money set aside for this, would be
redoing the whole bridge or 75% of it to get the bridge completed, depending on an
engineering report and design. They would take on the responsibility of getting the
bridge put in and the trail completed as long as there was some money for them to work
with. Mr. Lanyk stated in response to Commissioner Bill Angus’ question that only foot
traffic was intended for the bridge, with a pathway of gravel or crushed limestone going
to the bridge, possibly extending the paved path in the Pulte development down to the
Holly Township Planning Commission Meeting Minutes of October 15, 2007 Page 4 of 9


beginning of the wetlands. At the beginning of the wetlands they would switch over to
crushed limestone.

Commissioner Kilbourn questioned whether the Planning Commission put open space
specifications in the site plan.

Administrator DeVault responded there are some, such as non-motorized, pedestrian
access on the trail. There are other specifications listed per the planner’s memo and also
the site plan. Ms. DeVault has the site plan with her if the Commission would like to
have a visual aid while discussing the open space criteria.

Chairperson Barton raised concern regarding the structure of the bridge and that it could
possibly be considered an attractive nuisance. If there is a minimalist design, there
should be signs all over it that no more than X number of people are allowed.

Administrator DeVault noted other things to be considered regarding the bridge are
permitted uses and what types of improvements will be allowed, such as a viewing
platform or a fishing deck, in addition to the bridge improvements.

Mr. Sturgis questioned whether the Fenton Chapter of the Izaak Walton League was even
being considered as the donee for this property.

Chairperson Barton responded he didn’t believe so in that IWL’s use would somewhat
restrict the use of the area. It’s really being paid for by the people in the Riverside
Development; it’s part of their master plan and their money is going into funding it. To
create a park or clubhouse or anything that restricts anyone who lives there from the use
of the property is not a viable alternative. The Planning Commission collectively
negotiated for that park area to be available to the residents there.

Ms. DeVault noted the Board of Trustees would make the final decision.

Mr. John Macbeth, 202 South Pineview, Fenton, Michigan stated IWL’s goal if they had
the property would be to build a building on it to hold hunting and fishing classes, stating
boy scouts and girl scouts and the public could use it also by renting it from IWL to help
cover the expense of keeping the grass mowed and electric in the building and so forth.

Commissioner Kilbourn questioned what use was being made of IWL’s facility on
Hickory Ridge Road.

Mr. Sturgis responded they have been evicted from that property and they are basically a
chapter without a home.

Commissioner Kilbourn expressed agreement with Chairperson Barton’s comments. She
indicated if this property wasn’t already in a site plan, more consideration would be given
to IWL. This is a subdivision site plan with open space envisioned with non-restricted
public use and without buildings, meetings and parking lots.
Holly Township Planning Commission Meeting Minutes of October 15, 2007 Page 5 of 9



Mr. Sturgis stated they have other deeds they are considering. Some Planning
Commission members and members of the public volunteered a number of other avenues
for the IWL to pursue in looking for a home for their chapter.

Commissioner Mark McHalpine noted there is a plan for connecting all the trails from the
state park all the way through the area.

Administrator DeVault reviewed the plan for the trails in the area with the Planning
Commission.

Commissioner Rick Stevens remarked that this was the second Planning Commission
meeting the IWL attended regarding obtaining this piece of property. The Planning
Commission needed to reaffirm what the criteria is for the property. It shouldn’t only be
decided by the presentations given so far. Mr. Stevens suggested other presentations
would help, including possibly a landscape architect. There was a suggestion of a liaison
looking into the situation. Open space means open to anybody and not regulated by
rents. Setting criteria would take out the emotion of someone owning the piece of
property to benefit one group.

Chairperson Barton questioned whether the Board of Trustees had charged the Planning
Commission with duties to do something regarding the property.

Administrator DeVault indicated she has provided the Planning Commission samples for
their review in deciding what they would and would not allow on the property. She
favors the example drafted by Attorney Greg Need.

Chairperson Barton questioned what impact there was between giving the property to
Headwaters Trails versus Holly Township owning the property.

Administrator DeVault described how giving an easement to North Oakland Headwaters
would create tax benefits.

Chairperson Barton questioned Administrator DeVault what portion of the issue was this
agenda item calling for discussion on.

Administrator DeVault indicated the ordinance reads that the Planning Commission’s
role is to set the dedicated open space criteria, setting standards that will be written into
an agreement; be it warranty deed, a conservation easement, title transfer or by form of
resolution. Ms. DeVault has supplied the Planning Commission with different forms of
agreements that set forth standards for open space. She has had an opportunity to meet
with Sue Julian. They discussed the plan and Administrator DeVault did make a couple
revisions.

Administrator DeVault noted the first example is a simple warranty deed. It is specified
in the deed what the options are for the use of the land identified in the deed. The second
Holly Township Planning Commission Meeting Minutes of October 15, 2007 Page 6 of 9


example is a conservation easement resulting from a consent judgment. There are
prohibited actions listed on the second page of the easement and specifications regarding
construction, stating it doesn’t allow for any type of stick construction. Tonight the
Commission could discuss whether they would allow some type of equipment shed or
pole barn, if some type of building would be considered. The example also discusses
fencing. Sue Julian indicated they would be willing to reflag the wetlands again. There
are also other items listed that are very relevant such as cutting of vegetation, land surface
alterations, changing water courses, et cetera. Signage should be discussed. Headwaters
Trails has a grant for interpretive signage. Language should be discussed that would
permit that.

Commissioner McHalpine questioned whether the area should be named a park; also,
why the Township wasn’t interested in taking possession of it as a park.

Administrator DeVault stated the last example is drafted as a township park. If the
Township doesn’t want to retain title to it, it’s possible the Park Commission would.

Chairperson Barton noted when the City of Detroit wanted to sell Ford Auditorium for
Comerica Bank headquarters, the Ford family reminded the City it would revert back to
the Ford family if they attempted to sell it.

Administrator DeVault stated there was language in the last example that Greg Need
drafted that referred to the property reverting back to the Township. On the third page he
lists the conservation value of the parcel, prohibited activities similar to the first example,
including no commercial activities such as IWL wanted to do.

Chairperson Barton indicated he would attend tomorrow night’s Board of Trustees
meeting to get an understanding of what the Board required of the Planning Commission
in this matter.

Ms. Blanchard stated when the Izaak Walton League was first brought in, Sue Julian
wondered whether the Board of Trustees knew all the background work that had been
done regarding the area, such as the trails groups. That’s why Ms. Julian had written the
original letter to the Board of Trustees and how they ended up here.

Mr. Brian Oppmann noted whether it’s a conservation easement or it’s donated, that
matter lies in the Board of Trustee’s province.

Commissioner Bill Angus suggested the Board of Trustees will carry out the land
transaction and then come forward with a proposal to execute the site plan.

Administrator DeVault indicated the Parks Commission was presented the opportunity to
steward the property and one of their requirements they took to the Board of Trustees was
they wanted to have parking. They also wanted a metal bridge and stated they wouldn’t
accept it with a wood bridge.
Holly Township Planning Commission Meeting Minutes of October 15, 2007 Page 7 of 9


Commissioner Stevens questioned who owned the property presently. He suggested
there needed to be some fact-finding before recommending something to the Township
Board.

Administrator DeVault stated the Township Board accepted the property in escrow.
Silverman is waiting for the Board to tell them how to write the paperwork. The
Planning Commission’s role is to convey to the Board allowed uses and they will be
written in the paperwork. If you won’t allow a building there, you need to say that.

Chairperson Barton stated when considering whether to allow structures the Commission
should keep in mind that one of the most valuable things you had at Seven Lakes is an
open pavilion.

Board members discussed the value of such a structure and also the possibility of it just
being something else that would end up being vandalized.

Chairperson Barton suggested the Planning Commission and the Board of Trustees have
a joint workshop regarding this.

Commissioner Angus indicated he believes all this was done four years ago.

Commissioner Kilbourn questioned whether it wasn’t already set forth in the Master Plan
criteria for PUDs and open space.

Administrator DeVault stated it says the Planning Commission sets the criteria. There is
an organization that would like to put a commercial building on the property. The
Planning Commission needs to reaffirm whether a commercial building will be allowed
on the property, et cetera.

Mr. Oppmann indicated whichever way the Township Board decided to convey the
property, the Planning Commission needed to let them know what uses they will allow.

Commissioner Kilbourn noted the Planning Commission needs to know from the Board
how the property will be conveyed because there may be different usage guidelines
whether it’s just an easement versus a land donation.

Commissioner Stevens indicated Administrator DeVault outlined what the uses were.

Administrator DeVault stated this matter has been discussed repeatedly and a lot of
money and time has been spent on bringing this to a conclusion. Silverman has six
months from the date the property is transferred to resolve it. The Board of Trustees will
make the determination of who is granted the land and the legal conveyance of the real
property. Meanwhile the land is being invaded and vandalized.
Holly Township Planning Commission Meeting Minutes of October 15, 2007 Page 8 of 9


Mr. Oppmann stated if there needs to be an agreement between the Township and
Headwaters Trails, North Oakland Headwaters, Pulte/Silverman, that needs to be worked
out by the Board of Trustees.

Commissioner Kilbourn indicated the Planning Commission needed to give the Board
direction as to criteria.

Administrator DeVault stated most of this has already been determined and is on the site
plan and in the planner’s review. The motion for approval refers back to the planner’s
report. She questioned what other facts the Planning Commission needed her to get to
them.

Commissioner Kilbourn questioned which particular parcels were included in the open
space being discussed. She would also like to have a copy of the site plan at the next
meeting.

Administrator DeVault reviewed a map with the Planning Commission, Mr. Oppmann
and the Headwaters Trails representatives.

Public Comments:

Commissioner Stevens reported the community development committee he has been
working to develop may be called the Greater Holly Economic and Community
Development Committee. There have been two meetings so far. The first meeting was
attended by Maureen Krauss, who is the deputy director for Oakland County Economic
Development. Brian Oppmann also attended. Mr. Stevens has met with the Greater Flint
Community Foundation. They run several foundations. They are like an umbrella group,
having many families in the community involved. They have a chapter in Oakland
County, the Greater Flint Community Foundation. Because Holly is so close to Flint,
some people think they are part of Genesee County and some benefactors have been
giving to Flint. The Greater Flint Community Foundation is checking to see if a Holly
Township foundation could be affiliated with Flint instead of Oakland County.

Commissioner Stevens stated the committee will be meeting with the Holly Village
Council to make sure the Village is in the loop. The committee is an advisory committee
and they want to do the right thing for the entire Holly area. On October 23rd, he and
other members of the committee will attend the Village Council meeting. It is Mr.
Stevens’ understanding Aaron Oppenheimer is leaving his position as Village Manager.
Mr. Oppenheimer was also on the committee and acting as a liaison between the
committee and the Village Council. Commissioner Steve Ruth is also a member of the
committee and has been a pillar of support and good ideas. Supervisor Dale Smith has
also been attending the meetings on his own time.

Commissioner Stevens indicated the committee will either establish their own web site
and/or have a link on Holly Township’s site. They would like to add to their committee a
representative from the Holly Chamber of Commerce and extend an invitation to the new
Holly Township Planning Commission Meeting Minutes of October 15, 2007 Page 9 of 9


Village Manager. They may expand to a nine member committee. They’ve developed a
Business Inquiry Form to document business inquiries that come into Holly. A mission
statement is being drafted for both the committee and a community foundation. If they
can get affiliated with the community foundation, they can be eligible for grants. The
community foundation administers and files non-profit reports, et cetera; though it’s still
the job of the committee and those affiliated with it to raise the money through
individuals or corporate grants. This would allow for aesthetically improving the area
and other community improvements and pathways. He is hopeful by the first of the year
things will be in place to begin making headway on these matters.

Commissioner Stevens stated as an aside that Grand Blanc is forming a similar kind of
committee and they want to involve other communities in it. They mentioned Holly.
They see some kind of tech village evolving.

Commissioner Kilbourn stated she understands Grand Blanc is looking at the Baldwin
Road area from Holly Road to Dixie Highway and down Dixie to be a mixed use.

Commissioner Kilbourn stated it should be recommended to the Board of Trustees that
expenditure be made to acquire a name plate for Chairperson Barton, as he has been
without one for going on three years.

Adjournment: Chairperson Barton, hearing no other business, adjourned the meeting at
8:45 p.m.



___________________________________
Zo Turner, Recording Secretary
Holly Township

				
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