notice of meeting a regular meeting of the leelanau county ... · dan hubbell melinda lautner...

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DRAFT AGENDA ‐ Please Turn off and Put Away all Cell Phones CALL TO ORDER & PLEDGE OF ALLEGIANCE ROLL CALL CONSIDERATION OF AGENDA CONFLICT OF INTEREST (refer to Section 3.7 of the Bylaws) PUBLIC COMMENT STAFF COMMENTS CONSIDERATION OF JUNE 25, 2019 MEETING MINUTES pgs 2‐13 NEW BUSINESS *A. and B. were previously sent to members A. Capital Improvement Program (CIP) 2019 – 2024 – review and make recommendation to County Board B. General Plan draft document – review and make recommendation to County Board C. Repeal of the County Zoning Ordinance – set Public Hearing (no handout) REPORTS 1. Education Committee – (Yoder‐Chairman, Lukomski, Nixon) 2. General Plan Committee (McCulloch‐Chairman, Hubbell, Winkelman) 3. Heritage Route (Lukomski) 4. Housing Action Committee (Lautner) 5. Parks & Recreation Committee (Noonan) 6. Communication Committee (Miller, Walter) 7. Report from LCPC members of attendance at township/village meetings, or Other Meetings/Trainings COMMUNICATIONS PUBLIC COMMENTS STAFF COMMENTS COMMISSIONER & CHAIRPERSON COMMENTS ADJOURN LCPC Members Victor Goldschmidt –Chair Casey Noonan‐Vice Chair Steve Yoder‐Chair Pro‐Tem Dan Hubbell Melinda Lautner Jessica Lukomski David McCulloch Robert Miller Tom Nixon Eric Winkelman Matt Walter NOTICE OF MEETING A Regular Meeting of the Leelanau County Planning Commission (LCPC) will be held at 5:45 pm Tuesday, JULY 30, 2019 in the Leelanau County Government Center. Page 1 of 13

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Page 1: NOTICE OF MEETING A Regular Meeting of the Leelanau County ... · Dan Hubbell Melinda Lautner Jessica Lukomski David McCulloch Robert Miller Tom Nixon Eric Winkelman Matt Walter NOTICE

DRAFT AGENDA ‐ Please Turn off and Put Away all Cell Phones 

CALL TO ORDER & PLEDGE OF ALLEGIANCE 

ROLL CALL   

CONSIDERATION OF AGENDA 

CONFLICT OF INTEREST (refer to Section 3.7 of the Bylaws) 

PUBLIC COMMENT 

STAFF COMMENTS   

CONSIDERATION OF JUNE 25, 2019 MEETING MINUTES pgs 2‐13 

NEW BUSINESS 

*A. and B. were previously sent to members

A. Capital Improvement Program (CIP) 2019 – 2024 – review and make recommendation to County Board

B. General Plan draft document – review and make recommendation to County Board

C. Repeal of the County Zoning Ordinance – set Public Hearing (no handout)

REPORTS 

1. Education Committee – (Yoder‐Chairman, Lukomski, Nixon)2. General Plan Committee (McCulloch‐Chairman, Hubbell, Winkelman)3. Heritage Route (Lukomski)4. Housing Action Committee (Lautner)5. Parks & Recreation Committee (Noonan)6. Communication Committee (Miller, Walter)7. Report from LCPC members of attendance at township/village meetings, or Other Meetings/Trainings

COMMUNICATIONS 

PUBLIC COMMENTS  

STAFF COMMENTS 

COMMISSIONER & CHAIRPERSON COMMENTS 

ADJOURN 

LCPC Members  Victor Goldschmidt –Chair Casey Noonan‐Vice Chair Steve Yoder‐Chair Pro‐Tem 

Dan Hubbell Melinda Lautner Jessica Lukomski  David McCulloch  Robert Miller Tom Nixon  

Eric Winkelman Matt Walter 

NOTICE OF MEETING A Regular Meeting of the Leelanau County Planning

Commission (LCPC) will be held at 5:45 pm Tuesday, JULY 30, 2019

in the Leelanau County Government Center.

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  LCPC Draft Minutes 6‐25‐19  

A REGULAR MEETING OF THE LEELANAU COUNTY PLANNING COMMISSION WAS HELD ON TUESDAY, JUNE 25, 2019, AT THE LEELANAU COUNTY

GOVERNMENT CENTER.

Proceedings of the meeting were recorded and are not the official record of the meeting. The formally approved written copy of the minutes will be the official record of the meeting.

CALL TO ORDER Meeting was called to order at 5:45 p.m. by Chairman Goldschmidt

who led the Pledge of Allegiance.

ROLL CALL Members Present: V. Goldschmidt, C. Noonan, S. Yoder, D. Hubbell (5:55), J. Lukomski, D. McCulloch, M. Lautner, E. Winkelman, T. Nixon, Members Absent: None Members Absent: R. Miller, M. Walter (Prior Notice) Staff: T. Galla, Director, G. Myer, Senior Planner Public Present: Jack Kelly, Chad Craker, Rick Bechtold, Tom Krause, Julia Hoard and 6 others CONSIDERATION OF AGENDA Motion by McCulloch, seconded by Noonan, to accept the agenda as presented. Motion carried 8 -0.

  CONFLICT OF INTEREST ‐ None 

PUBLIC COMMENT Jack Kelly stated he provided some lengthy documentation to the Planning Commission at the last minute and he apologized for that. Kelly said there was some miscommunication between himself and Galla. Kelly continued, saying that he was there speaking in opposition to Item A under “New Business”. When this matter went before the Elmwood Township Planning Commission on January 15, 2019, five members were present and the unanimous decision by the planning commission at that time was to recommend denial to the township board. Kelly stated that the request then came to the County Planning Commission for review on the 26th of February and there was a lot of discussion at that time. Regretfully, neither he nor staff were present. Upon review of the meeting minutes of February 26th, it would suggest the County Planning Commission took umbrage with the matter in which the Elmwood Township Planning Commission conducted it’s affairs at the January 15, 2019 meeting. Kelly stated that had he been at the meeting, he would have stated “nothing further from the truth occurred”. Kelly said that after talking about conditional rezoning at the meeting on February 26th, the County Planning Commission made a motion to forward all comments and the staff report to the Elmwood Township Board, which is state law. The county gives the advisory only review and

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LCPC Draft Minutes 6‐25‐19 

then it goes to the Township Board per state law and also per zoning. Kelly continued, saying that perhaps, because conditional rezoning was mentioned at the county level, the applicants submitted a request to withdraw their application and resubmit the conditional rezoning request before it was to go before the township board. Kelly said the Elmwood Township Planner allowed this to happen and he believes this was a violation of state law and the zoning ordinance. He asked the Elmwood Township attorney for clarification but never really got any satisfaction.

Kelly continued, saying that the applicant resubmitted a conditional rezoning request and in their zoning ordinance there really is no such thing as a “conditional rezoning”. There is a rezoning with a conditional rezoning agreement. Kelly said the new request went before the township board on May 21st and all seven members who were present, recommended denial to the township board. The request is now currently back for a second review by the County Planning Commission. Kelly said the request is ostensibly the same application except they are calling it something different and they have removed the nine boat storage units.

Kelly said that the applicants stated at the February 26th County Planning Commission meeting that they had done everything according to what they had been told by Sara Kopriva, the Elmwood Township Planner. They didn’t get the impression that they would have to do a full blown presentation at that time and were sort of “blindsided”. Kelly stated that his review of the County Planning Commission meeting minutes for February 26, 2019 showed that the planning commission members were somewhat sympathetic to that reasoning at the time.

Kelly continued, saying that if a person has an application for rezoning, it is important for that person to make their case as to why a rezoning application should be accepted or denied. That means a full blown presentation which the applicants apparently gave to the County Planning Commission on February 26th.

Kelly said that under state law and their zoning ordinance, the next step says it “shall” go to the township board. According to the zoning ordinance, the word “shall” is defined as non-discretionary, meaning must occur. This did not happen with the applicant’s first request and he hopes it is allowed to happen this time.

Kelly said reasons for recommending denial include impacts on neighborhood. Elmwood Township has specific requirements in their zoning ordinance that require compatibility with neighborhoods. Having a hotel that is only allowed in General Commercial under the zoning ordinance, immediately adjacent to residential is generally not a good thing. Kelly said there is supposed to be a buffer which is why the applicant is trying to get this rezoned to Neighborhood Commercial. Rezoning to Neighborhood Commercial will then allow the applicant to apply for a Planned Development. Kelly concluded by saying that the whole purpose of this is an “end run” to rezone the property. They can combine it with other property that they already own, making it one parcel, and then use the townships zoning ordinance under the Planned Development Regulations to request that the hotel be built in a location that normally it would not be allowed.

STAFF COMMENTS

Galla stated that she wanted to make everyone aware that the meetings were not only being recorded but were now being videotaped as well.

(Hubbell present)

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LCPC Draft Minutes 6‐25‐19 

CONSIDERATION OF MAY 28, 2019 MEETING MINUTES.

Nixon said he did not make the comments regarding the Michigan Clean Energy Conference on page 5.

Motion by McCulloch, seconded by Noonan to accept the minutes as amended.

Winkelman said it was himself and Miller who attended the Michigan Clean Energy Conference in Traverse City.

Motion amended by Winkelman, to include Miller’s comments regarding the Michigan Clean Energy Conference in the May 28, 2019 meeting minutes, seconded by Nixon. Motion carried 9-0.

NEW BUSINESS

Elmwood Township – Conditional Rezoning R-1 to NC.

Galla continued, saying that this rezoning request came to the Planning Commission a few months ago and is now back as a conditional rezoning request. The prior Staff Report has been updated and includes the motion made by the Elmwood Township Planning Commission at their May 21st meeting and the history of when the request was reviewed at the township level and when it came to the county for review as a rezoning request. The motion made on February 26, 2019 by the County Planning Commission is also included in the Staff Report.

Galla stated that the original rezoning request included boat storage but it has been pulled out now. With the conditional rezoning, it is the applicant who offers the conditions, by law the municipality cannot state “this is what we want you to do”. The applicant has to offer the conditions and the municipality has to either accept them or reject them.

Galla continued, saying that language from the Michigan Zoning and Enabling Act was provided in the Staff Report along with information on Conditional Rezoning, which is allowed under the Michigan Zoning and Enabling Act. Galla said the municipalities have the ability to include language in their zoning ordinances as to how they will accept application and handle them.

Galla stated that Elmwood Township has a couple section in their ordinance dealing with conditional rezoning, one stating that they are not required to accept any or all conditions offered by a developer on a rezoning application. Also, an offer of conditional rezoning does not require the township to approve the rezoning application.

Galla continued, saying that if approved, the Neighborhood Commercial District would abut the lots to the west in Briarwood Subdivision and residential homes along E. Cherry Bend Road. The applicant would be restricted to what they offered as conditions with this request and also meet all of the requirements in the township zoning ordinance.

Galla stated, regarding comments made as to whether hotels were allowed in the Neighborhood Commercial District, Section 5.4 of the Elmwood Township Zoning Ordinance Land Use and

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Zoning District Table lists “hotels” under Neighborhood Commercial with an asterisk that says see Section 5.5. Item F under Section 5.5 says “in all districts except RR the total number of rooms shall be limited to 150”. Galla continued, saying that although it is not listed in the table, this wording makes it sound like a hotel may be allowed in all districts except RR. Goldschmidt said his concern is that the conditional rezoning issue be more clearly presented. Usually a conditional rezoning is accompanied by a lifetime or end point in which the conditions allowed in the zoning may no longer be in effect and it will have to revert back to the prior zoning. Goldschmidt added, this would mean that if a structure is created under conditional rezoning it becomes more complex. Goldschmidt concluded by saying they are not approving anything, they are just recommending in areas that probably could have been done slightly differently. Chad Craker from Peninsula Construction and Design, the engineer on record for this project, stated that at no point have they tried to be shady on anything, as an “end around”. They have worked very closely with the Elmwood Township Planner, Sarah Kopriva, and taken her direction every step of the way. Craker said he did come and present the hotel idea on February 26th, which did include the boat storage at the time. Based on recommendations they got back, they did a conditional rezoning. Based on public comments received, they removed the boat storage which increases the buffer to 85 feet. Craker continued, saying that they think very clearly that the Greilickville service center corridor is designed for exactly what they are proposing. We have the same condition, we’re just asking that the Neighborhood Commercial to R1 move one lot to the west. Craker said it is designed for that NC/GC area all the way through, abutted to high density residential and it is very much in accordance with the future plan of not only Elmwood Township but also the M-22 corridor. Craker concluded by saying that they believe hotels/motels are allowed in all districts other than RR according to Section 5.5 of the Elmwood Township Zoning Ordinance. Julia Hoard stated that they believe there are uses allowed in the NC that are much more impactful than what this hotel would be. Things such as light manufacturing, veterinary, kennels and retail stores. Traffic studies they have done show a .017 increase, that’s minimal. Hoard continued, saying that they have offered a deed and conditions that they will not use the easement which was the biggest concern. Hoard said that in April they did work with Kopriva and submitted a Planned Development along with a conditional rezoning application together. They did this after getting approval from the township. At the township meeting the zoning commission didn’t know if that was okay or not, but they made a motion to talk with the township attorney and based on his recommendation they would move forward. Hoard said they were then told by the attorney that they would need to separate the two applications. They then went into the May 21st meeting just talking about rezoning the property, not the project. Hoard stated the planning commission determined at that meeting that they had to talk about the project, but they did not come prepared to talk about it. Hoard said they were trying very hard to abide by how the township has directed them. They do believe this is low impact, they are not using the easement, the traffic study is minimal impact and less impactful than other uses that are allowed such as cluster residential developments, livestock and poultry or wind energy conservation system. Hoard concluded by saying that are asking for the opportunity for the conditional rezoning on the land so that they can present all of their information for the Planned Development. That is where the final decision would be made, based on the Planned

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Development. They can’t present all of that information because they are not following what they told them to do. Kelly stated that if you follow the logic of hotels being allowed in any zoning district, it means you can put a hotel in a residential neighborhood which is preposterous. Kelly continued saying that they have to get the rezoning to go to the Planned Development. Had they been allowed to put the two application together at the same time, the public would have had to review over thirty pages of zoning ordinance requirements and be expected not only to understand but comment intelligently. Kelly said that is why the township board and attorney decided the application needed to be split like they were originally on the 15th of January. The reason they want to combine them now is because they have lost three months. Kelly continued, addressing the three conditions proposed by the applicant, saying that no township board or planning commission would ever allow an easement in from a Commercial District that carries over into a Residential District. Landscaping is already required on commercial property that abuts residential property and they have a conditional rezoning agreement that already includes the third condition that the property reverts back if the project doesn’t move forward. Kelly sated that the three “conditions” are worthless and when they talk about what the township told them to do, they did what perhaps the township planner told them to do. He appreciates the township planner’s work, but, he believes she is conflicted when it comes to this project and she gave bad advice. Kelly said the applicants are not doing what the township board or the township planning commission told them to do, they are doing what the township planner told them to do. Tom Krause from Krause Realty, stated that you are not required to landscape 85 feet like they are proposing when commercial property abuts residential property. Krause stated he had a problem with Kelly and another member of the township planning commission having lunch one week before the scheduled public hearing. Kelly was asked to recuse himself as chairman from the meeting and he refused. Krause said one of the other planning commission members asked, “what should we do, I guess the public spoke, we have to vote against it”. Krause continued, saying that public opinion is only one criteria of the rezoning. He has been bending over backwards for the six years he has been involved in this project, trying to make it what the township wanted. The township asked for a right of way out to Cherry Bend Rd. so the current property owners bought another piece of property to meet that request. They filed an application four years ago to rezone the property to commercial, but the township asked them to wait and do a Planned Development, so they didn’t go forward with the rezoning. Krause stated that Kopriva has directed them every step of the way and the township attorney told them not to mix the two requests together which they honored, but they then were asked for a presentation. Krause said he felt there were several things handled wrong at the township meeting and the lunch between the two gentlemen was inappropriate. They asked for the same privilege, to meet with the township board members one on one and were told that it would be against township rules. Lautner said she views the project as being off W. Bayshore Rd. It does happen to be residential right behind it, but Cherry Bend has a lot of commercial already. She feels it would be a logical fit. Noonan stated that it seems like a good fit. But, when you’re asking for Conditional Rezoning it becomes very complicated. There must be a very good case stated for the Conditional Rezoning or any rezoning.

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Nixon stated he was troubled at the last meeting and with this meeting. You can’t underscore the frustration created when poor communication takes place, or impressions are given that are not understood. Discussions are held that people don’t realize are either important or not important. Nixon said he can’t comment on the merits of whether this project is the right or wrong thing, the township is the responsible party. Nixon continued, saying that he encourages the applicants to go back and seek the truth. What procedures does the township have in place and do all parties understand how they should be followed. Go back and look at the zoning ordinance for clarification on when we speak, when we don’t, what we do and don’t speak about. What’s permitted and what’s not. Nixon said the two presentations to the County Planning Commission regarding this request show an enormous amount of disconnect in the township and with that comes poor credibility, frustration and nothing good. Nixon concluded by saying that there needs to be language in the ordinance if not already there, as to a timeline for when the project begins and ends. Winkelman said the elevation picture was disappointing, there was no real style. He questioned if this was what the township wanted. All the time and effort that has gone into this, to present such a plain envelope rendition of what’s to be developed is disappointing. Yoder stated after reviewing the project detail by detail, the minutes, zoning and the project itself, he was a little conflicted. He can’t speak to the merits of whether it’s allowed or not, but from his point of view, he felt like it fit. Yoder concluded by saying that he also finds the confusion at the township concerning. Lautner stated that her great grandparents ran a boarding house right there on the corner. McCulloch said that it seems the Elmwood Township Zoning and Planning Commission could get their objectives in line with each other so the applicants could prepare a presentation that would be satisfactory to everyone. Lukomski said as she understood it, there was to be a commercial strip along west bay from the Norris School to the mobile gas terminal and now it seems to be creeping more into the residential area, and this is a residential area with small affordable homes that are well established there. Lukomski said that kind of “creep” is disturbing. People living in that community should not have to deal with commercial creeping into their community. Goldschmidt stated that the interpretation of what is allowed or not allowed in certain districts may have caused some confusion about having a hospital there. He also sensed that some procures may have been a little “fuzzy”. Goldschmidt said communication is essential and being consistent with the Zoning and Enabling Act. Goldschmidt continued, reading from his comments previously submitted to staff: “approval of conditional rezoning should indicate its lifetime; as the basic issue is that if the proposed conditions – even the most insignificant one – are not upheld, the whole thing reverts to the original district. Basically then if approved, and the Hotel stops to operate, it might even have to be “torn down” to abide with the underlying zoning restrictions. Goldschmidt said he trusts

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  LCPC Draft Minutes 6‐25‐19  

that they have studied very carefully what conditional rezoning means. This may not be the shoe that will be fitting their objectives. Galla stated that the County Planning Commission did not recommend at their meeting that this be a conditional rezoning. There was some discussion about it and questions as to whether they had considered conditional rezoning, but it was not a recommendation from the County Planning Commission to Elmwood Township or the applicant. Galla continued, staying that she and Kelly will probably disagree on the section regarding the applicant withdrawing their application and stating they wanted to change it to conditional rezoning. Galla said it is her understanding in all of the years she has served, that an applicant puts the application forward, pays the fee and has the right to withdraw it if they decide they don’t want to go in that direction or they’ve heard something at the public hearing or gotten feedback and want to modify their application. They have always followed this procedure in her department. Galla said, with this much confusion, perhaps the township needs to go back and look at the section on conditional rezoning and rezoning and anything else that fits in there and make sure it fits. Because maybe it’s not fitting properly and that is where there’s confusion and they might need to clean that up a little bit. Motion by McCulloch, seconded by Noonan, to forward staff report, minutes and all comments to Elmwood Township Board, and planning commission. Motion carried 9-0. Discussion continued Frederick Bechtold said he wanted to clarify that he disclosed at the beginning of the township meeting that he and Jack Kelly had lunch and talked about the Coast Guard and campers. According to the minutes, there was not a direct request for recusal. The Leelanau General Plan Galla stated Chapters 6, 7, 8 and 10 are ready for review. She is still waiting on input from some agencies for a couple other chapters and the Transportation chapter has been sent to the Leelanau County Road Commission again. This is the second time she has sent it to them and she is hoping to get some updated information from them. Galla continued, saying that pictures have been updated, some of the maps have been revised and there will now be two maps to show the residential construction in the county. Page 8-5, has a duplicate map and will be corrected. Also, the action statements have been scaled down and the ones that no longer apply have been removed. Galla said they are trying to get the final document ready so they can ask the county board to release it for public review. After that, whatever comments are received will be brought back to the planning commission and then they can see if it is ready for adoption. Chapter 6 Review Goldschmidt explained to the public present that the General Plan needs to be reviewed every five years. They found nothing substantially wrong, so staff if cleaning it up.

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Winkelman stated that he felt it was important for Leelanau County to have an ordinance requiring a septic to be pumped every five years and inspected upon transfer of ownership. Winkelman said his comment was based on a conference he attended on clean water.

McCulloch stated that he hates to see people burdened with a mandate from the county to have a septic inspection or pump every five years when the need is not there. It doesn’t makes sense to mandate this because some people put in good systems that work wonderfully and don’t need to be pumped every five years. Others simply cannot handle the cost of pumping every five years.

Winkelman suggested that an ordinance should take into consideration people with modern tanks and septic systems that function properly. At the same time, you need to protect the public from adjacent property owners who don’t pump out or have systems that are 50-60 years old.

Chapter 7 Review

Galla stated once again that Chapter 7 has been sent for a second time to the County Road Commission. There are some new employees there and maybe she will be able to get new information from them now.

Lautner commented that they do have a new employee who has only been there a month. Maybe give them a little more time. Galla said she will give it a week and follow up. Lautner said she would like their input, even if they have to wait for it.

McCulloch stated that he found it outstanding that nearly half of the people in the county travel outside of the county for work. The roads in Leelanau County are the best maintained in the summer and winter, of any county he’s ever been in. He feels the road commission should be complemented.

Galla mentioned the 2018 Questionnaire which showed that 80% of responders felt that the county roads were well maintained.

Chapter 8 Review

McCulloch stated that there were lots of places around the county were no public restroom is available. He feels this is something to keep an eye on, and they should encourage municipalities to have a public restroom.

Nixon said that on Page 8-2, there was a typo in the 3rd line up from the bottom.

Chapter 10 Review

Winkelman stated that there was no mention of grapes, wine creation or the numerous wine tasting rooms and distilleries throughout the county. These are additional agricultural supplements that are having an impact not only in terms of how many people make money from agriculture, but on tourism as well, and he feel it should be mentioned.

Goldschmidt said to come to the next meeting with specific word changes wanted in Chapters 6, 7, 8 and 10.

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Lukomski questioned if there was a current picture to replace the one on Page 10-1 of downtown Leland. Goldschmidt thanked staff for all of the work they have done. REPORTS Education Committee Yoder stated that the committee met earlier in the day to review the CIP. There were seven proposed projects which they ranked and gave to staff. Staff will work on them and have them available before the August meeting. Yoder continued, saying that it was decided that there will be no fall session this year. There was a spring session on marihuana and a training session held and roughly 50 people attended each of these. With those two trainings, they felt it was enough. Yoder said they will hopefully get something together for a good training in the spring. Hubbell stated he would like to congratulate the Education Committee on the excellent presentation they made. As a member of a township zoning board, he thinks it might be helpful to revisit that every four years or so because of turnover on the township planning commission. Hubbell continued, saying that that type of education and training was well received and deserves to be repeated. Yoder said that some of the comments received were those exact same comments and having some sort of training like that, maybe every year, is beneficial. Hubbell said his township is starting to implement a formalized requirement for their planning and zoning members to educate themselves and bring them up-to-speed. Goldschmidt stated that the Master Citizen Planning Certificate Program should be encouraged to all township planning commissions and themselves. General Plan McCulloch complemented Galla and her staff on the fine job they have done. Hubbell said the end product was getting where they want it to be. Housing Action Committee Lautner mentioned Cherryland Electric’s partnership with Habitat for Humanity which is a three year commitment for $300,000 a year, to help with low income houses in need of weatherization improvements. This applies to mobile homes or stick built and not necessarily a members of Cherryland Electric. Lautner continued, saying that they are really excited because they have been working for a long time on the right kind of partnership. The repairs will begin in 2020 and they are looking forward to the opportunity.

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  LCPC Draft Minutes 6‐25‐19  

Goldschmidt explained that the Housing Action Committee was appointed by the Planning Commission and are directed by the board. He said they have been doing and excellent job, guided by Galla. Galla stated that the partnership between Cherryland Electric and Habitat for Humanity was awesome because there is a great need for rehab in the region. Galla continued, saying that the Housing Action Committee (HAC) is really proud of a checklist they created and have been taking to communities for them to use in reviewing their plans and zoning ordinances and such. Also, the regional group Housing North has asked for it because they have gotten requests from many other counties wanting to know what Leelanau County is doing. Galla said the checklist now has a logo on it for Leelanau County and a label that it came from the HAC. Members of the HAC have also been invited to be a part of the housing summit in Traverse City this fall to talk about what they have been doing and some successes. Galla concluded by saying that they have accomplished quite a bit. Parks & Recreation Committee Noonan said Gosling Czubak Engineering is moving forward with the update to their General Plan. The goal is to have it completed by the end of the year. They had a waterline break at Myles Kimmerly Park that has been fixed. Also, Kids Fishing Day at Veronica Valley Park will be on Sunday, June. 30th @ 11 a.m. COMMUNICATIONS – Planning and Zoning News were available. Goldschmidt questioned how many townships have a Capital Improvement Plan (CIP) and stated that it is mandated. Noonan stated that last week the Empire Zoning Board of Appeals met and granted a variance for a garage to be constructed within the setback. Hubbell said that his township board has begun to outline educational requirements for the township planning commission. Because they are just starting it, there is not a lot of structure, but they are getting there. Hubbell continued, saying that he doesn’t think they have a formal CIP, but they just remodeled the township hall to make it winterized. Also, they have developed a program to work with the Leelanau County Road Commission to help fund road conditions within the township. PUBLIC COMMENTS Kelly stated that he spent 20 years in the Coast Guard, five years in Kalkaska County as a zoning administrator, eight years as township supervisor and he was also Chairman of the Planning Commission. He has a reputation, well-armed and well protected. He can assure you, neither Bechtold nor himself has to worry about what is right or wrong, what’s ethical or not ethical. Kelly continued, saying that their township meetings are televised and he encourages members to view the January 15, 2019 and the May 21, 2019 planning commission meeting. Kelly stated that the affairs in Elmwood Township are a lot better than what the County Planning Commission members seem to think.

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Page 12: NOTICE OF MEETING A Regular Meeting of the Leelanau County ... · Dan Hubbell Melinda Lautner Jessica Lukomski David McCulloch Robert Miller Tom Nixon Eric Winkelman Matt Walter NOTICE

 

  LCPC Draft Minutes 6‐25‐19  

Kelly continued, saying he is active in community affairs and this project happens to be one that he doesn’t like and doesn’t think fits. The burden to prove compliance with the zoning ordinance and Master Plan is on the applicants, not the residents. On January 15, 2019, eleven residents spoke in opposition, including himself and the vote from the planning commission was 5-0 against. On May 21, 2019, eight people spoke in opposition, including himself and the vote from the planning commission was 7-0 against. Not one resident spoke in favor at either meeting. Kelly concluded by saying, draw your own conclusions, but seriously, if you think there is anything amiss in Elmwood Township he would encourage you to watch them on T.V. to see how they conduct their affairs. He is very proud of the way that they do so. Hoard stated that she wanted to acknowledge the way the County Planning Commission functions as a board. Regardless whether it is them as the applicant or somebody else, they have obviously been in the middle of confusion. Both times they have come to the county, the board has conducted themselves unbiased and professional. Hoard said she wanted to personally thank them for that because it is the best thing that an applicant can expect. STAFF COMMENTS Galla said 996 tires were collected at the June 15, tire collection. They are “shooting” for two trailers full for the next collection on September 14th. Galla continued, saying that they could possibly have enough grant money for a third collection. They had a good turnout for the second HHW & Electronics Collection was held on Saturday, June 22nd. Galla said the workers like coming here because they take reservations and provide the numbers ahead of time so they are prepared. Galla concluded by saying that the next tire collection will be on September 14, at the Government Center. COMMISSIONER & CHAIRPERSON COMMENTS Lautner thanked Galla again for the tire collection and said it was fantastic. She is looking forward to the next collection. Winkelman said Kelly has a lot of experience, but all they can do is recommend to the townships and villages. They have no authority, the final sovereignty rests with them. He appreciates Kelly’s comments and credentials. Goldschmidt thanked members of the public for staying until the end of the meeting and also thanked Galla for her hard work. Meeting adjourned at 7:08 p.m.  

 

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Page 13: NOTICE OF MEETING A Regular Meeting of the Leelanau County ... · Dan Hubbell Melinda Lautner Jessica Lukomski David McCulloch Robert Miller Tom Nixon Eric Winkelman Matt Walter NOTICE

LCPC Draft Minutes 6‐25‐19 

Comments submitted by V. Goldschmidt 6-25-19

1) Basically the same as previously reviewed; data dump did not improve clarity took me a long journey to get to

the minutes!

2) The approval of conditional rezoning should indicate its lifetime; as the basic issue is that if the proposed

conditions – even the most insignificant one – are not upheld, the whole thing reverts to the original district.

Basically then if approved, and the Hotel stops to operate, it might even have to be “torn down” to abide with the

underlying zoning restrictions.

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