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MARION
PLANNING COMMISSION
AGENDA and DRAFT MINUTES CALL TO ORDER: APPROVAL OF AGENDA FOR:
February 28, 2006 Regular Meeting INTRODUCTION OF MEMBERS: CALL TO THE PUBLIC:
Agenda Items only 3 minute limit APPROVAL OF MINUTES FROM:
January 24, 2006 Regular Meeting OLD BUSINESS: 1) Small Way Private Road Site Plan Review Tax ID# 4710-05-100-002 Section
5 South of Mason Road and East
of Amos Road 2)
Subdivision Control
Ordinance (General Ordinance) discussion only 3)
Private Sewage/Waste
Water Treatment Facilities discussion item 4)
Planning Commission
priorities for 2006 5)
City of 6)
Planning
Commission budget discussion 1)
Tax
ID# 4710-01-300-021- Section
1 North of 2)
International
Transmission Company Tax
ID# 4710-18-300-022 - Section 18 North of West
of ADJOURNMENT: DRAFT MINUTES MEMBERS PRESENT:
JOHN LOWE, CHAIRPERSON
DAVE HAMANN
JIM ANDERSON
JEAN ROOT, SECRETARY ABSENT:
DEBRA WEIDMAN-CLAWSON
ANNETTE MCNAMARA, ZONING ADMINISTRATOR
PHIL WESTMORELAND, ORCHARD,
HILTZ & MCCLIMENT
JOHN ENOS, CARLISLE/WORTMAN
MIKE KEHOE, MILLER, KEHOE AND ASSOCIATES ****************************************************************** APPROVAL OF
AGENDA Jean Root requested
the agenda be amended as follows. New Business, agenda item #2 International Transmission Company be removed from the agenda.
Old Business, agenda item #3 Private Sewage/Waste Water Treatment Facilities be moved up to
item #2. Item # 6 Planning Commission budget discussion be tabled until Debra Weidman-Clawson is
present. Dave Hamann motioned to approve the February 28, 2006 Planning Commission agenda as amended.
Jim Anderson seconded. Motion
Carried 4-0. INTRODUCTION OF
MEMBERS John Lowe, Jean Root, Jim Anderson, and Dave Hamann were present. Debra Weidman-Clawson was absent
CALL TO THE
PUBLIC None heard. APPROVAL OF
MINUTES Jean Root would like the following to be added to agenda item Article XX discussion. The proposed text will separate rezoning requirements and zoning ordinance text amendment requirements. Dave Hamann motioned to approved the January 24, 2006 Planning Commission regular meeting
minutes as amended. Jean Root
seconded. Motion Carried 5-0.
Jean Root would like to see the word NONE inserted next to absent. Dave Hamann motioned to approved the October 25, 2005 Planning Commission public hearing minutes as amended. Jim Anderson seconded.
Motion Carried 4-0. OLD BUSINESS Small Way
Private Road Site Plan Review John Lowe reference Mike Kehoe letter dated February 28, 2006 approving the Private Road Maintenance Agreement. Jack Lowe asked Mike Kehoe if the water and sanitary sewer easements were referenced in the Private Road
Maintenance Agreement. Mike Kehoe answered
yes. John Enos summarize the Carlisle/Wortman review letter dated February 20, 2006, recommending approval with conditions. The conditions included and easement to protect trees along the eastern side of the road, showing side setbacks and legal descriptions. John Enos discussed the flag lot off of the cul-de-sac
and it meets zoning ordinance requirements. Moving the cul-de-sac ten feet to the west to allow for saving existing trees and additional trees to be planted was
discussed and the applicant agreed. The Planning Commission members, Phil Westmoreland and the applicant discussed the two alternatives for materials to be used for a gravel road. Six inches of sand along with six inches of 21 AA limestone or meeting the Michigan Department of Transportation (MDOT) specification of six inches of sand
and six inches of 21AA crushed concrete minus the wire content. Jean Root asked the Planning Commission members if they were comfortable with the jog in the north lot line of lot #2 to avoid the existing accessory structure. The Planning Commission members agreed the lot line should be straightened out. The applicant agreed to amend the site plan to reflect this
request. Jean Root motioned to recommend final approval of Small Way Private Road tax ID# 4710-05-100-002
with the following conditions. 1.
Recommendations in Carlisle/Wortman
review letter dated 2-20-06. 2. Orchard, Hiltz & McCliment review letter dated 2-21-06 with one exception, the surface of the private road, two options are available. Option #1 is a six inch sand base with six inches of 21AA limestone or a six inch sand base and meeting the MDOT crushed concrete minus wire specifications.
3. Move cul-de-sac ten feet to the west within road right-of-way to protect existing trees and add trees. 4.
Adjust/straighten north lot
line of lot #2. Jim Anderson seconded.
Motion Carried 4-0. Private
Sewage/Waste Water Treatment Facilities John Enos summarized the history of Community Wastewater Utility Systems and recent legislation allowing local zoning laws to regulate these private systems also called package treatment plants. Carlisle/Wortman is
developing a two-fold strategy to regulate private systems. This would include a General Law Ordinance to regulate the financial logistics and responsibility of the systems. It would protect Marion Township and require that the township attorney and engineer do a careful review. From a legal standpoint making sure the homeowners association is responsible and also Marion Township having a financial process in place in the event of a failure and other specific requirements related to that. This is a legal document on how these would be permitted.
Carlisle/Wortman would be more involved in the second phase, which would be regulating the system under a Special Use Permit. Carlisle/Wortman is proposing this be a special use in the Rural Residential (RR) or Suburban Residential (SR) districts. When a private system is applied for they would go through a public hearing process and a site plan review process. These requirements ties in with the Livingston County Drain Commissioners Office (LCDC) requirements. Orchard, Hiltz & McCliment would also be involved in the review process. Marion Township would then have a set of standards for reviewing and if they felt these standards were not being met the application could be
denied. Jack Lowe asked is the
LCDC design standards booklet will be referenced in Marion Township text? John Enos answered no
specifically referencing their booklet, yet did refer to their standards. Jack Lowe asked is
that sufficient? John Enos answered when applied for the LCDC will need to give final approval on the project and they would be using
their booklet at that time. Jack Lowe noted that over 40 homes the LCDC no longer has authority and it is turned over to the State of Michigan. John Enos stated Marion Township would still have review authority with the Special Use Permit and protect ourselves
financially under the General Law Ordinance. Jack Lowe would like
to know the State of Michigan Standards. Phil Westmoreland said at that point it becomes a regular waste water treatment plant. When someone refers to a package treatment plant they are referring to a system that discharges to surface water or ground water whatever is permitted by the Michigan Department of Environmental Quality (MDEQ.) Jean Root asked if the
MDEQ regulate the appearance or just the function. Phil Westmoreland they
only regulate the function. John Enos noted that is what Marion Township will do with the Special Use Permit. No matter the size of the development. the number of units served and who is regulating it, Marion Township will still have a say
in the aesthetics due to the Special Use Permit. The Planning Commission members would like the following amended in the proposed text for Section 17.32
Community Wastewater Utility Systems.
Include in the intend portion
that there will be no bonus in density by using this system.
Section A, item #2, systems proposed as a part of a Planned Unit Development in RR, PUDs are
not allow in the RR district. Open
Space Preservation is the option in RR district.
In Article XVII there is no Section 17.31, the number assigned to Community Wastewater Utility
Systems should be changed to 17.31. John Enos will make
the changes. Phil Westmoreland asked John Enos and Mike Kehoe if the proposed text has clarified if the system fails who be the responsibility party, Marion Township or the LCDC? If Marion Township is the responsibility party then they have a argument to be involved in the engineering standards. The LDCD standards may have to be tweaked. Phil Westmoreland wants to make sure Marion Township can use the same types of equipment as in current pump stations. Make sure this is covered will help
Marion Township maintain and replace equipment in the future. John Enos reiterated text from Community Wastewater Utility Systems General Ordinance, Section 3.2 -
Requirements for approval and said he can add language to make that more
clear. Mike Kehoe noted the MDEQ has strict language as part of the agreement which requires two years into the operation there has to be a fund in place for five years of operation and that fund can never be depleted below the five years. If it is depleted then they automatically have do put back in whatever is need to bring it up to the amount. Provisions in the event of a default, they may put it back on the township not the LCDC. Mike Kehoe would insist on language that would allow the township the right to inspect at anytime, the right to access the property at anytime, copies of any and all reports filed with the MDEQ are automatically filed with the township. He would like to make sure the proposed
text address these issues of comparable equipment. Jack Lowe would like language that sets up the special assessment district during the site plan review process when there is one owner, the developer. It gets more complicated when a homeowner association
is involved. Mike Kehoe noted in the condominium documents he will require language that provides consent is already given for
the establishment of a special assessment district. John Enos will add this along with more specific failure language to the Community Wastewater Utility Systems
General Ordinance. John Enos suggested that he and Phil Westmoreland develop a flow chart on the number of units and the steps of
approval. Charlie Musson asked the Planning Commission members if this applies to new development only. Will a new community system in an existing development be review in the same process as a new development? John Enos and Mike
Kehoe will research adding language to cover that scenario. Jim Anderson asked if
there was language for monitoring. John Enos answered yes
in an executed agreement approved by Marion Township. The Planning
Commission members reviewed the LCDC failure chart and associated costs. John Enos will also research deleting Section 6.30 Private Sewage Waste Water Treatment Facilities and the definition associated with that. The Planning Commission members do no want a window where Marion Township will not be allow review a process. John Enos will also change the reference to publicly owned to municipally owned and operated in the text. John Enos would like to have a public
hearing set as soon as possible. Maybe
at the next meeting. Jean Root asked about a formal request to Carlisle/Wortman to initiate deleting Section 6.30 and the definition. Dave Hamann asked the zoning administrator if she had made any progress on developing a form to request a zoning text amendment. He stated as long as we formally set up a process where the request for creating the new 17.32 to address Community Wastewater Utility Systems is becoming an initiation of work
effort by the Planning Commission and our consultants. Jean Root motioned for John Enos to submit amended text for the March 28, 2006 Planning Commission meeting.
Dave Hamann seconded. Motion
Carried 4-0. The Community Wastewater Utility Systems General Ordinance will be sent to the Board of Trustees. Mike Kehoe left the
meeting at 8:50 p.m. City of Howell
Master Plan Amendment The City of Howell Planning Commission Chairperson, Paul Streng has just returned from an extended vacation. They were waiting for his return to schedule a joint meeting. John Enos should have a date by
the March 28, 2006 Planning Commission meeting.
No action taken. Subdivision
Control Ordinance (General Ordinance) Dave Hamann reminded the Planning Commission members he had made a motion at the February 9, 2006 Board of Trustees meeting that the Planning Commission has sixty days to finalize the proposed text and send it to the Board of Trustees for their review and approval. The text submitted for the March 28, 2006 Planning Commission meeting must be ready to send to the Board of
Trustees. Jean Root motioned to
table until March 28, 2006. Jim
Anderson seconded. Motion Carried 4-0. Planning
Commission Priorities for 2006 No discussion.
No action taken. NEW BUSINESS Marion Station
Retail Center preliminary Site Plan Review Ron Jona gave a presentation summarizing the proposed development and addressed township consultants review letters. The neighboring Fraternal Order of Eagles has placed a new sign in an easement assigned for that purpose in an area of Marion Stations parcel that was designated for the Marion Station fore bay. The proposed sign for Marion Station also sat at that corner. Ron Jona is proposed moving the Marion Station sign at the south entrance off of D-19. The Planning Commission members agreed consider this and have further discussion during final review.
The detention pond is also within the sanitary sewer easement. Phil Westmoreland does not see this as a problem for future maintenance and told the Planning Commission members it can be a policy decision to keep it as is. Ron Jona will look at moving the entrance and detention pond fifteen feet to the
east. Carlisle/Wortman Associates, Inc. has suggested in their review letter dated February 17, 2006 to align the proposed entrance off of Schroeder Park Drive with the entrance to Howell Auto. The applicant stated
this is impossible due to the grade. Discussion ensued on eliminating the Schroeder Park Drive entrance and widening the entrance off of D-19. John Lowe had concerns regarding the stacking of cars during the busy hours. Ron Jona will consider this and bring alternative entrance drawings to the next meeting he presents at. It must be sized with phase two of the development in mind. The Livingston County Road Commission (Livingston County Road Commission) future plans for D-19 and how the development fits into
this was discussed. Screening between the proposed development and the Crossroads Apostolic Church was discussed and it was decided to
not provide screening. John Enos would like to see a building profile in the final review stage and asked the applicant to consider an easement for future walking path/sidewalks. Ron Jona stated this would require a MDEQ permit. Phase two use was
discussed. Ron Jona thought this
may be a drive through bank. CALL TO THE
PUBLIC None heard. ADJOURNMENT Dave Hamann motioned to adjourn the meeting at 9:45 p.m. Jim Anderson seconded. Motion Carried 4-0.
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