08/12/2026
PC Rewind: Fact Check Edition
Tonight's Planning Commission meeting was the first meeting for newly appointed member Dr. Marc Lame. He was welcomed into the deep end with the usual suspects, with discussions ranging from data centers and natural resource extraction to lake shore overlays, RVs, setbacks, zoning maps...
During public comment, Julie Waterman announced a notice regarding the recall of the Antrim County Clerk, Victoria Bishop, and informed anyone interested in being contacted about the effort to reach out. Waterman is serving as the Banks Township point person.
Marv Rubingh also addressed data centers, stating that 65 decibels is a reasonable noise level. He emphasized that he is neither for nor against data centers and plans to visit one. He also discussed reviewing the zoning map and combining zoning districts to coordinate with proposed lake shore zones.
Planner Ken provided an overview of data centers, distinguishing smaller facilities, such as those around Alpena, from hyperscale operations. Dr. Lame asked whether there is actually a local need for a data center. Ken explained that demand is driven largely by the state. He also raised the obvious long-term question: what happens to these enormous buildings when they are no longer needed?
The state is strongly encouraging data center development, and local need may not carry as much weight as residents might expect. Dr. Lame also questioned whether proximity to users is actually necessary. Ken said he does not expect a data center to come to Banks Township, but emphasized that being proactive is preferable to being reactive. He also noted that data centers cannot simply be prohibited and that noise and nuisance concerns will need to be addressed. Ken will be attending upcoming training on data centers and housing and will report back to the Commission.
The Zoning Administrator reported one resolved zoning violation and six new permits. A potential cottage-industry application raised questions about roadside stands and signage. Since signage isn’t specifically addressed in the current zoning language, the issue was brought up to the PC. Ken will work signage language into the cottage-industry provisions.
The Commission then completed its review of the draft Natural Resource Extraction Ordinance. The lengthy discussion covered pile heights, business hours, trucking during school hours, traffic enforcement, technical responsibility, signage, future plan modifications, annual reviews and reporting, and repeat zoning permits. Howes proposed considering pile height based on proximity to adjacent properties. Rubingh argued that piles could exceed 75 feet.
They also reviewed acceptable business hours and trucking during school hours, traffic enforcement provisions, technical oversight, signage requirements, the ability to modify future plans, annual reporting, and repeat permitting. The review was completed, and Ken will make the requested revisions before bringing the ordinance back to the next meeting.
Permitted uses were finalized, with storage units moved into the allowed-use category.
The lake shore overlay was next. The Commission reviewed shoreline preservation, EGLE management, fluctuating water levels, and the difficulty of regulating a precise shoreline when the shoreline itself doesn’t stay put... and along the Chain, only seems to be getting higher. The PC discussed protecting the waterways while still allowing property owners reasonable use of their property, including what happens when flooding changes the usable portion of a property.
Rasmussen questioned whether some restrictions could be loosened. Howes advised approximately 20% of Banks Township’s population would be affected by the proposed lake shore zone. Ken will make additional adjustments to the overlay.
The RV saga continued with discussion to expand the allowable-use period from May 15 through December 1. The Commission’s goal is to allow reasonable RV use without allowing an RV to become a permanent residence.
Occupied versus unoccupied storage received significant discussion. Dr. Lame questioned how to strike a fair balance. Rasmussen reiterated that the intent should be to ensure an RV remains a movable unit. Friske stated that he does not support unlimited RV use.
Tents were also discussed, with the agreement of a two-week occupancy limit.
Then the conversation moved to setbacks... and this is where things got particularly interesting.
The Township Board requested that the R-1 front setback be reduced from 30 feet to 20 feet.
Chellis stated that setbacks were established by previous boards and reviewed Anderson’s property situation, noting that his property was split into two parcels and is not agricultural zoning like the neighboring property.
Dr. Lame discussed R-1 parcel sizes and said he did not believe the 10-foot difference should be the primary issue. He found no value in the setback adjustment argument. He also raised potential safety concerns, including EMS access. Howes noted that moving from 50 feet to 30 feet was already a significant reduction and said she opposed moving the requirement to 20 feet. Rasmussen made an important observation that Anderson has not requested a variance and has not been denied anything.
Nevertheless, Chellis made a motion to make agricultural and R-1 setbacks the same at 20 feet.
Friske and Chellis voted in favor. Everyone else voted no. The motion failed.
And then came the zoning map.
Howes asked Planner Ken for his input and questioned whether residents had actually requested changes to specific zoning districts. There seems to be only one. Friske said the zoning-map discussion stemmed from Anderson’s parcel.
Then.. Friske said he, "didn’t care to address the zoning map"... DESPITE having previously voted as a Township Board member to have the zoning map reviewed. And this wasn't a " I don't want to talk about it, tonight", it was a "I don't want to talk about it period".
So the Board votes to review the map, the Planning Commission actually reviews the map, and the person who voted for the review apparently doesn’t care to participate in the discussion about it. Weren't we just discussing consistency?
Rasmussen remembers. He stated that farmers have repeatedly said there is little money in farming and suggested that additional R-1 and CR zoning could provide more opportunities for housing development and potentially create greater consistency.
Zoning Administrator Busman discussed the purpose of setbacks and pointed out that, given the history of the ordinance, the setbacks were established for a reason.
Howes and Rasmussen reviewed the Planning Commission’s mission statement. Howes ultimately tabled the zoning-map discussion while she gathers additional information concerning land use and housing.
Ken then discussed the Future Land Use Map, explaining that it represents the Township’s vision for how properties could potentially be zoned over the next 20 years.
Which brings us to closing comments from resident Rubingh.
Rubingh criticized the Natural Resource Extraction Ordinance as too restrictive. He argued in favor of limiting RV use to force people to build homes.
He also stated there is “no correlation” between zoning and taxes.
Fact check: That’s not accurate as an absolute statement. Zoning controls what can be developed and how property can be used. Development potential and property use can affect property value, which can affect taxable value. Whether a particular zoning change actually increases taxes is a different question.
Rubingh also stated that the Planning Commission cannot skip a recommendation from the Township Board and has to put it through the process.
Fact check: The Planning Commission is charged with reviewing planning and zoning matters and making recommendations under state law and the Township’s adopted procedures. Their goal is to follow their mission statement and uphold the Master Plan. A Township Board request does not dictate the Commission’s recommendation.
And then there is, of course, the broader pattern.
Rubingh says the extraction ordinance is too restrictive while arguing for greater restrictions elsewhere. He says RV restrictions will force people to build homes, while simultaneously not supporting zoning discussions that could facilitate additional development. He says he is neither for nor against data centers, yet is already declaring 65 dB “reasonable” before he has even visited one. And on the zoning map, we’re once again watching the Township attempt to reconcile what it says it wants with what its own long-term planning documents actually envision.
The Planning Commission is doing what it is supposed to do. Reviewing, questioning, revising, and... occasionally... saying no.
That’s the process. It’s not supposed to be a rubber stamp. And perhaps that’s the most important takeaway from the meeting.
The Planning Commission doesn’t have to agree with the Township Board. It doesn’t have to agree with individual property owners. And it certainly doesn’t have to rush a decision simply because someONE wants an answer.
For the first meeting with Dr. Lame, there was plenty accomplished. And, as usual, plenty left to argue about.
