Planning Commission Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
PLANNING COMMISSION MEETING
Monday, March 03, 2008
Bloomfield Township Hall

PRESENT: Salz, Goldberg, Stefanes, Barnett, Mintz, Stark, Petinga

ABSENT: None

Staff Present: Patricia McCullough, Planning and Building Director, Christopher Gruba, Assistant Planner, and Robin Carley, Development Coordinator

Mr. Dave Payne, Township Supervisor, was present in the audience.

Ms. McCullough introduced the Clearzoning proposal, noting the recent updates and revisions to the Zoning Ordinance by the Planning Department, as approved by the Planning Commission, within the last 5 years. Ms. McCullough commented on user-friendly format of the proposed Clearzoning proposal, which included incorporating several illustrations and charts. The Planning Commissioners were requested to review the proposal and provide a recommendation to the Township Board of Trustees for their consideration, including the presentation by Mr. Rod Arroyo, President of Clearzoning.

Mr. Salz asked for questions or comments from the Commission to Ms. McCullough.

Ms. Stefanes commented that Senator Pappageorge was looking to possibly take local zoning out of the hands of the local municipalities and place it in the hands of the County.

Ms. McCullough noted that the County was currently provided with local Master Plans and Zoning Ordinances, however they would not be as efficient in their reviews of applying local zoning ordinances to development proposals. She also noted that the majority of the local municipalities would not be amenable to losing their local control of their zoning codes and local developments.

Mr. Salz asked for the presentation from the applicant.

Mr. Rod Arroyo, President of Clearzoning, provided a brief history of Clearzoning, noting that the parent company was Birchler-Arroyo. He stated that his company was currently working with several municipalities in updating their zoning ordinance, including making it much more understandable to their residents and to developers looking to develop within their respective communities.

Mr. Arroyo reviewed the proposal through a PowerPoint presentation to the Commissioners, which was submitted to the file.

The presentation included an example of the Township’s Zoning Ordinance currently online. Samples of the Clearzoning format were reviewed, including the links provided between the Zoning Ordinance and the zoning map, and also links to the standards within each of the zoning districts. The format included clear and concise language, and the use of colors and tabs to provide information within each zone district. Mr. Arroyo noted that Clearzoning has been shown to also provide a "health" checkup for zoning codes, including finding inconsistent language and conflicting regulations currently within the code that require clarification and possible amendments.

Mr. Arroyo reviewed the four steps to a obtaining a Clearzoning code:

Mr. Arroyo noted that the intent was not to change the regulatory intent of the existing Zoning Ordinance, however, it was to provide a more user-friendly format of the code.

The Clearzoning draft code for Grand Blanc Township was reviewed for the Commissioners. Mr. Arroyo commented on the number of links that can be provided to other Township documents and forms on the website, including links to the Master Plan,

the Zoning Map, Site Plan and Zoning Board of Appeals applications, and Natural Features information.

Mr. Arroyo stated that the Clearzoning code would be available on-line and on CD’s available for purchase. He noted that a hard copy, available within the Planning Division, was required by State Law.

Mr. Salz asked for questions or comments from the Commissioners to the applicant.

Mr. Stark questioned how zoning amendments would be handled, questioning if it was a relational database.

Mr. Arroyo stated that it was not a relational database, however, Clearzoning would handle the updates / amendments and would update all applicable sections or pages within the code.

Mr. Stark questioned if this might be a development tool and if the document could be password protected.

Mr. Barnett questioned if this could be set up as an e-file.

Mr. Arroyo confirmed that it could be set up both as an e-file and could be password protected.

Dr. Goldberg questioned the history of Clearzoning and any municipalities currently using this format. He also questioned the fees for this proposal.

Mr. Arroyo reviewed the company’s history and also that of Birchler-Arroyo associates, the parent company. Clearzoning was established in 2007, is based in Lathrup Village, Michigan, and is currently being marketed nationally. Grand Blanc Township and West Bloomfield Township are current Clearzoning clients, with White Lake Township, Shelby Township, the City of Royal Oak, and City of Pontiac currently having proposals under review. Mr. Arroyo noted that he was currently working with the Planning Division and the Township in determining the base fee, which would most likely be within the $30,000.00 to $40,000.00 price range for the gold edition, as highlighted in the brochure provided to the Commissioners.

Ms. McCullough commented on an additional firm, "Ground Rules, Inc.", from Zionsville, Indiana, that she had contacted and that this firm could not update or revise the format of the Township’s Zoning Ordinance to the level that was proposed by Clearzoning. She then commented that in working with West Bloomfield on recent development proposals, she was introduced to Clearzoning and was impressed with the level of detail and the user-friendly format. Ms. McCullough also noted that Clearzoning was presented at the recent Michigan Township’s Association Conference and received a great deal of interest.

Dr. Petinga questioned the benefits as opposed to the cost, in the eyes of a taxpayer.

Ms. McCullough noted the time currently spent by the Planning staff in reviewing the ordinance requirements in the existing format with a potential developer. She stated that the Clearzoning format would eliminate a great deal of staff time and the level of confusion on the part of developer in determining permitted uses within a zone district and all the associated requirements.

Mr. Gruba commented on the confusion on the part of many developers when referring them to Chapter 42, the Zoning Chapter, within the existing Code of Ordinances.

Mr. Barnett noted the existing ordinance is very static and not user-friendly. He commented that the graphics and charts were much more user-friendly and would educate the residents and developers, thus a powerful tool. He questioned the contract and cost associated with this proposal.

Mr. McCullough noted that a contract was currently being reviewed by the Township’s attorney and that there was a proposed base range of $30,000.00 to $40,000.00, depending on the size of our current zoning code and the number of links and illustrations to be provided. Additional costs would be added for each additional hyperlink developed in the Zoning Ordinance.

Mr. Payne reviewed the history of the zoning ordinance, including the 1974 code and the packet of amendments. He noted that in 2002, Ms. McCullough updated the zoning ordinance into one complete word document. He also provided an example of the previous one page document Master Plan, complimenting the Planning Commission on their dedication in adopting the most recent 2007 Master Plan. Mr. Payne reviewed the recently adopted Code of Ordinances, noting that Chapter 42 was the Zoning Chapter. He commented that the Zoning Ordinance must become more user-friendly for both Township residents, business owners, and developers.

Time frames were discussed, noting that Clearzoning could provide the draft format back to the Township within 5 months of receiving the contract and the existing Township code.

Ms. McCullough noted that the only additional costs, after the initial contract proposal cost, would be incurred when zoning amendments were adopted by the Township, and would then be provided to Clearzoning to be incorporated into the new Ordinance format.

Mr. Salz questioned if there was a definitions chapter.

Mr. Arroyo stated that the definitions would remain within the Clearzoning format.

Ms. McCullough noted that this reformatting process would expedite updating the language of the current zoning ordinance, including updating current ambiguous

language and definitions. She noted that this would generate action by the Planning Commission to review several ordinance amendments.

Dr. Goldberg commented on the Township being one the first municipalities to use this technology, and suggested that perhaps we should allow other communities to try this program and work out any technological problems, and that the cost may come down in the future.

Mr. Mintz commented that the Commission should have other scheduled presentations by other companies regarding reformatting the Zoning Ordinance. He felt that it was his responsibility, to the Township taxpayers, to have other companies represented before the Planning Commission.

Mr. Payne stated that there were very few companies offering this service or product, noting that the Planning Director had already contacted the other known company operating within the State and reviewed their product, which she believed to be clearly inferior to Clearzoning

Mr. Salz commented that technology was always changing, and that the Commissioners could keep waiting on the "newest" technology, thus never taking action and getting the job done.

Mr. Barnett commented that the Planning Director and the Township Supervisor had done their due diligence and were providing the Planning Commissioners with what they felt would be most beneficial to the Township.

Ms. McCullough noted that she had included the proposed fees within the Planning Division budget proposal, which had been presented to the Township Board of Trustees.

The Commissioners suggested that a brief written outline be provided to the Board of Trustees, along with the Commissioners’ comments and a demonstration by Mr. Arroyo.

There were no additional questions or comments from the Commissioners.

Mr. Salz opened the public comment portion of the meeting.

There were no public comments.

Mr. Salz closed the public comment portion of the meeting and called for a motion.

Mr. Salz commented that he had received a card from Jane Reisinger thanking the Commission for her wonderful farewell and for her enjoyable experience as a Planning Commissioner.

Ms. McCullough noted that the Commission was provided the 2007 Annual Report for the Planning Division, which was to serve as the 2007 Annual Report for the Planning Commission.

Ms. McCullough noted the high level of commercial activity currently taking place within the Township. She further reviewed the "Accomplishments of 2007" - Section One of the Report, and "Goals" – Section Two of the Report.

The Mission Statement of the entire Planning, Building, and Ordinance Department was reviewed.

Mr. Mintz commented on one correction needed on Page 8, which Ms. McCullough confirmed would be made prior to providing to the Board of Trustees.

Mr. Salz called for a motion to forward the 2007 Planning Commission Annual Report to the Township Board of Trustees.

The next Planning Commission Meeting was scheduled for Monday, March 17, 2008.

The Planning Commission Meeting of Monday, March 03, 2008 was adjourned at 8:40 P.M.

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