REGULAR MEETING

February 26, 2013

7:30 p.m.

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA FOR: February 26, 2013 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:  January 15, 2013 Regular Meeting

NEW BUSINESS:

1)        The Meadows – amendment to existing site plan

2)        Discussion on proposed Zoning Ordinance amendments

OLD BUSINESS:

CALL TO THE PUBLIC:

ADJOURNMENT:

MINUTES

MEMBERS PRESENT:              JOHN LOWE, CHAIRPERSON

JERRY SIDLAR, VICE-CHAIR

JEAN ROOT, SECRETARY

BOB HANVEY

CHARLIE MUSSON

MEMBERS ABSENT:                NONE

OTHERS PRESENT:                  ANNETTE MCNAMARA, ZONING ADMINISTRATOR

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CALL TO ORDER

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

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

John Lowe asked to have the connector road between Peavy and D-19 placed on the agenda under new business.  Jean Root motioned to approve the amended February 26, 2013 regular meeting agenda.  Jerry Sidlar seconded.  Motion Carried 5-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  All were present.

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

January 15, 2013 Regular meeting minutes

Jean Root motioned to approve the January 15, 2013 regular meeting minutes as submitted. Jerry Sidlar seconded.  Motion carried 5-0. 

NEW BUSINESS

The Meadows – amendment to existing site plan

Mitch Harris is requesting an amendment to the existing site plan.  The number of units will remain the same; it will be the number of units within a building that will change.  He would also like the Mast Deed amended to allow changes to the site plan without Marion Townships’ approval.

Mike Kehoe, Township Attorney and John Enos, Township Planner have reviewed the request and commented, both agree that Marion Township should review any amendments.

John Lowe commented that the package was difficult to decipher.  If the developer wants to make changes to the site plan it will have to be reviewed and approved by Marion Township.

Bob Hanvey explained this condominium has timed out and the developer cannot build on property not designated on the exhibit B drawings.  Once the master deed is recorded sole ownership of the common elements is abandoned.  He has no objection to the proposed changes he doesn’t believe Marion Township has the authority to grant approval.

The Planning Commission members agreed they are not opposed to any changes yet they suggested she contact their attorney for direction.

Jean Root motioned to deny the developers (Mitch Harris) request to amendment to the Meadows site plan based on the following.

Carlisle/Wortman Associates, Inc. letter dated February 19, 2013

Mike Kehoe email dated December 12, 2012

Michigan Complied Law 559.167

Charles Musson seconded.  Motion carried 5-0.

Discussion on Peavy Road connector road to D-19

John Lowe is concerned if the connector road is built the alignment of the connector road on the west side of D-19 with the driveways on the east side of D-19 may not work.  John Lowe has discussed this with a representative for the Livingston County Road Commission (LCRC) and John Enos, Carlisle/Wortman Associates, Inc.

The Planning Commission members reviewed drawings for the connector road dated 2008.

John Lowe would like to work with the LCRC staff, John Enos and Phil Westmoreland to come up with a cost effective corridor plan.  He will bring information back to the next meeting.   

Discussion on proposed Zoning Ordinance amendments

When Mike Kehoe was asked to review a recent submittal for a gas station/convenience store, it was noted in the review letter that Section 17.04 Automobile Service and Repair Stations is outdated, these types of operations no longer exist.  Annette McNamara has reviewed Article III and highlighted proposed amendments and is currently working through the Zoning Ordinance looking any errors or updates.  The goal is to make amendments by Article, not piece meal.  If the Planning Commission members agree, Article III, VI & V can be placed on the March 26, 2012 agenda.

Marion Oaks Consent Judgment amendment

Bob Hanvey provided the Planning Commission members with a letter from the Van Gilder attorney and an email from Mike Kehoe regarding modification of the consent judgment.

Jean Root asked if Marion Township has the ability to monitor the hours of operation.

Bob Hanvey said if it is in the consent judgment.

John Lowe feels anything under agricultural tourism should be allowed.

Les Anderson, Jewell Road; agriculture related is fine, 5K runs should need permitting.  This property was bought knowing about the consent judgment and Marion Township is in a position to negotiate.

Annette McNamara explained the temporary use permit process the Eagles have used in the past.

The Planning Commission members considered limiting the number of non-agricultural events per year.

OLD BUSINESS

No Old Business

CALL TO THE PUBLIC

John Lowe opened the call to the public.

No response.

John Lowe closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 8:45 p.m.  Jerry Sidlar seconded.  Motion carried 5-0.