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MARION TOWNSHIP

PLANNING COMMISSION

AGENDA and DRAFT MINUTES

January 22, 2008

CALL TO ORDER:

APPROVAL OF AGENDA FOR:   January 22, 2008 Regular Meeting

INTRODUCTION OF MEMBERS:

CALL TO THE PUBLIC:      Agenda Items only – 3 minute limit

APPROVAL OF MINUTES FROM: December 18, 2007 Regular Meeting                                                                      

OLD BUSINESS:

1)     Sample of a proposed General Ordinance – Stormwater Ordinance w/maintenance agreement

2)     Rolling Hills Ranch Special Use Permit review – located in the Rural Residential District on the north side of W. Coon Lake Road – Tax ID# 4710-22-400-007 – proposed use; Commercial Stable

3)     Status of Existing Residential Subdivision District ERS 2

4)     Proposed Amendment – Section 00.00 Wind Energy Conversion Systems

5)     Proposed Amendment – Section 4.03 E – add final inspection to receive Certificate of Compliance

6)     Proposed Amendment – Section 8.01 D 2 – Rural Residential Private Stables

7)     Proposed Amendment – Section 8.02 D 1 – Suburban Residential Private Stables

8)     Proposed Amendment – Section 3.02 Definition of Pens, Corrals & Pasture & Fence discussion

9)     Proposed Amendment – Section 6.27 Wellhead Protection & Hazardous Substance Overlay Zone

10) Proposed Amendment – Section 6.14 Home Occupations

NEW BUSINESS:

CALL TO THE PUBLIC:

ADJOURNMENT:

                                             DRAFT MINUTES

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

DAVE HAMANN, CO-CHAIRPERSON

DEBRA WIEDMAN-CLAWSON

JAMES L. ANDERSON                 

MEMBERS ABSENT:                   JEAN ROOT, SECRETARY                                     

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN ENOS, CARLISLE/WORTMAN

                                                KENNETH E. RECKER, CHIEF DEPUTY DRAIN COMMISSIONER

LES ANDERSEN, TRUSTEE

                                                ROBERT W. HANVEY, SUPERVISOR

*****************************************************************

CALL TO ORDER

John Lowe called the meeting to order at 7:30 p.m.

APPROVAL OF AGENDA

Debra Wiedman-Clawson motioned to approve the January 22, 2008 regular meeting agenda.  Dave Hamann seconded.  Motion Carried 4-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  Jean Root was absent.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

No response.

John Lowe closed the call to the public.

APPROVAL OF MINUTES

December 18, 2007 Regular Meeting minutes

Debra Wiedman-Clawson motioned to approve the December 18, 2008 regular meeting minutes.  Dave Hamann seconded.  Motion Carried 4-0. 

OLD BUSINESS

Sample of a proposed General Ordinance – Stormwater Ordinance w/maintenance agreement

Chief Deputy Drain Commissioner, Kenneth E. Recker, P.E., attended the Planning Commission meeting to answer any question the Commissioners may have on the proposed general ordinance.  The main thrust of the general ordinance is the issue of maintenance of private drains in plats with private roads and private drains.  It gives authority to local governments if systems are not being maintained.  Marion Township should require a maintenance agreement for private systems with all proposed developments.  He suggested placing language in the zoning ordinance that new development must meet Livingston County Drain Commission (LCDC) standards.  That will meet the upcoming Phase II requirements.  He also suggested checking with our township attorney, once the language is drafted, to make sure it is enforceable.  Mr. Recker gave the Planning Commission members a general maintenance guideline handout created by the Michigan Department of Environmental Quality.

Debra Wiedman-Clawson would like Marion Township to ask for as built drawings and have the township engineer certify them.

Mr. Recker felt the as built drawings are nebulas and thinks someone has to be on site to see the system being installed.  He would like to see the following items reviewed while drafting the language.

1)      Do not make LCDC the consulting authority

2)      Require verification as built is correct

3)      Make correction at the developers’ expense

4)      How is agreement constructed with the township engineer? Who certifies?

5)      Reasonable level of assurance as to what is being proposed is being built/weak inspection agreement/unreliable developer

6)      Specify minimum basement opening elevations

7)      Marion Township should require LCDC certify volume of retention/detention basis

No motion made.

Rolling Hills Ranch Special Use Permit review – located in the Rural Residential District on the north side of W. Coon Lake Road – Tax ID# 4710-22-400-007 – proposed use; Commercial Stable

John Enos discussed the review process over the last few months.  Howell Area Fire Authority has sent a letter of approval.  If Marion Township moves forward with the project and the applicant would like to have a large scale gathering they will apply for a temporary use permit.  There have been issues brought up by county agencies; he does not feel approval should be conditioned on approval from those agencies that is up to the applicant.

Debra Wiedman-Clawson would like to add a condition to the special use that there will be no principal structure built on the site.

James L. Anderson asked if the trailers will always be parked out front.

Mr. Wilson answered no; there will be an area around back.

The Planning Commission asked about signage.  Mr. Wilson said nothing has been drawn up yet, he will bring a sketch into the township for the zoning administrator to review.

Annette McNamara agreed to make copies of previous conditions placed on Commercial Stables for the Planning Commission members to review at their February 26th meeting.

Debra Wiedman-Clawson motioned to hold a public hearing on February 26, 2008 at 7:15 p.m. for Rolling Hills Ranch Commercial Stable Special Use Permit, Tax ID# 4710-22-400-007.  Dave Hamann seconded.  Motion carried 4-0.

Status of Existing Residential Subdivision District ERS 2

Mike Kehoe, Township Attorney could not attend tonight’s meeting, he will attend the February 26, 2008 meeting.

Debra Wiedman-Clawson motioned to table this agenda item until the February 26, 2008 regular meeting when Mike Kehoe can attend.  James L. Anderson seconded.  Motion carried 4-0.

Proposed Amendment – Section 00.00 Wind Energy Conversion Systems

The Planning Commission reviewed the maps and information provided by Carlisle /Wortman Associates, Inc. 

After review and discussion the Planning Commission members agreed to table this item for six months.

Debra Wiedman-Clawson motioned to table Wind Energy Conversion Systems to the July 22, 2008 regular Planning Commission meeting.  Dave Hamann seconded.  Motion carried 4-0.

Proposed Amendment – Section 4.03 E – add final inspection to receive Certificate of Compliance

The Board of Trustees returned this amendment to the Planning Commission after their preliminary review with comments.

The Planning Commission members agreed to the following.

1)      Page 2 of 3; 4.03 C #9 keep the 5’ from the building envelope

2)      Page 3 of 3; 4.03 E delete “during the pouring of footings, or excavation for a foundation” insert “following footing installation”

Dave Hamann motioned to send Section 4.03 E to the Board of Trustees for final review and approval/denial.  James L. Anderson seconded.  Motion carried 4-0.

Proposed Amendment – Section 8.01 D 2 – Rural Residential Private Stables

The Board of Trustees returned this amendment to the Planning Commission after their preliminary review with comments.

The Planning Commission discussed the Board of Trustees comments and agreed to change the following.

1)      8.01 D 2 d to read; “Private stable shall only house horses owned by the owner of the property.”

2)      8.01 D 2 i; remove the word piles

3)      8.01 D 2 j; delete the last sentence in its entirety.  The last sentence will now read; “An enclosed structure is required and must have at least one 10’ x 10’ stall for every two (2) horses.

Debra Wiedman-Clawson motioned to send Section 8.01 D 2 Rural Residential Private Stables to the Livingston County Department of Planning (LCDP) with the proposed changes for review and comment.  When returned from LCDP it is to be sent to the Board of Trustees for final review and approval/denial.  Dave Hamann seconded.  Motion carried 4-0.

Proposed Amendment – Section 8.02 D 1 – Suburban Residential Private Stables

The Board of Trustees returned this amendment to the Planning Commission after their preliminary review with comments.

The Planning Commission discussed the Board of Trustees comments and agreed to change the following.

1)      8.01 D 2 d to read; “Private stable shall only house horses owned by the owner of the property.”

2)      8.01 D 2 i; remove the word piles

3)      8.01 D 2 j; delete the last sentence in its entirety.  The last sentence will now read; “An enclosed structure is required and must have at least one 10’ x 10’ stall for every two (2) horses.

Debra Wiedman-Clawson motioned to send Section 8.02 D 1 Suburban Residential Private Stables to the LCDP for with the proposed changes review and comment.  When returned from LCDP it is to be sent to the Board of Trustees for final review and approval/denial.  James L. Anderson seconded.  Debra Wiedman-Clawson seconded.  Motion carried 4-0.

Proposed Amendment – Section 3.02 Definition of Pens, Corrals & Pasture & Fence discussion

The Board of Trustees returned this amendment to the Planning Commission after their preliminary review with comments.

The Planning Commission discussed the Board of Trustees comments and agreed to change the following.

1)      Private or Commercial Stable Fencing definition; incorporate the last sentence into the second sentence to read; “Fences containing barbed wire, electric charges or sharp materials must address requirements to satisfy animal being contained.”

2)      Corral definition to read; “A fenced enclosure for confining livestock.”

3)      Pasture definition to read; “Enclosed, ground vegetated area for grazing or exercising animals.”

4)      Delete definition of Pen in its entirety

Debra Wiedman-Clawson motioned to send Section 3.02 Definition Private and Commercial Stable fencing along with definitions of Pens, Corrals, Pasture and Fences to the LCDP for review and comment.  When returned from LCDP it is to be sent to the Board of Trustees for final review and approval/denial.  James L. Anderson seconded.  Motion carried 4-0.

Proposed Amendment – Section 6.27 Wellhead Protection & Hazardous Substance Overlay Zone

Debra Wiedman-Clawson motioned to hold a public hearing for Section 6.27 Wellhead Protection & Hazardous Substance Overlay Zone, on February 28, 2008 at 7:15 p.m.  Dave Hamann seconded.  Motion carried 4-0.

Proposed Amendment – Section 6.14 Home Occupations

Debra Wiedman-Clawson noted that outdoor storage is not allowed and would like to see the following amended.

1)      Page 4 of 8; item e, delete “and outdoor storage areas”

The Planning Commission members are satisfied with the proposed text. 

Debra Wiedman-Clawson motioned to send Section 6.14 Home Occupations to the Board of Trustees for preliminary review and comment.  James L. Anderson seconded.  Motion carried 4-0.

NEW BUSINESS

No New Business.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

None heard.

John Lowe closed the call to the public.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 9:45 p.m.  James L. Anderson seconded. 

Motion Carried 4-0.