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                              PLANNING COMMISSION MEETING

                                  AGENDA and DRAFT MINUTES

                                                  May 22, 2007

                                                   

 

CALL TO ORDER:

APPROVAL OF AGENDA FOR:          May 22, 2007 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:       April 24, 2007 Public Hearing

                                                     April 24, 2007 Regular Meeting

                                                     

OLD BUSINESS:

 1)     Proposed Amendment – Article VII – Zoning Districts & Maps/Schedule of Regulations

2)     Proposed Amendment – Section 6.14 Home Occupations

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

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

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

6)     Proposed Amendment - Section 3.02 Figure 3-2 delete Flat & Mansard roofs from diagram & Figure 3-6 Show Utility Easement on diagram

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

NEW BUSINESS:

CALL TO THE PUBLIC:

ADJOURNMENT:

                                   DRAFT MINUTES

 

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

DAVE HAMANN, CO-CHAIRPERSON

JEAN ROOT, SECRETARY                       

JIM ANDERSON

                                                DEBRA WIEDMAN-CLAWSON

MEMBERS ABSENT:                   NONE                                       

 

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN ENOS, CARLISLE/WORTMAN

                                                DAVID SCHROEDER, ORCHARD, HILTZ & MCCLIMENT

                                                ROBERT W. HANVEY, SUPERVISOR

                                                LES ANDERSON, TRUSTEE

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Annette McNamara would like to update the Planning Commission Members on Section 6.20 Private Roads Serving Single Family and Commercial Developments and asked that this be added to the agenda under Old Business.  Dave Hamann motioned to approve the May 22, 2007 agenda as amended.  Jean Root seconded.  Motion Carried 5-0. 

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves. 

CALL TO THE PUBLIC

John Lowe opened the call to the public.

None heard.

Jack Lowe closed the call to the public.

APPROVAL OF MINUTES

April 24, 2007 Public Hearing Minutes

Page 2 of 2; the letters j & k need to be inserted between the parentheses.   Jean Root motioned to approve the April 24, 2007 public hearing meeting minutes as amended.  James L. Anderson seconded.  Motion Carried 5-0. 

April 24, 2007 Regular Meeting minutes

Page 1 of 1; under approval of agenda, the first line should read ‘Jean Root asked that agenda item #13 be moved to agenda item #5 and agenda item #5 moved to agenda item #13’.  Page 3 of 5 under Community Wastewater Utility System, the last sentence should read; “February 13, 2007, for review and approval/denial.”  Jean Root motioned to approve the April 24, 2007 regular meeting minutes as amended.  James L. Anderson seconded.  Motion Carried 5-0.

OLD BUSINESS

Proposed Amendment – Article VII – Zoning Districts & Maps/Schedule of Regulations

John Enos summarized the amendments made to Article VII so far, he noted there has been a public hearing held for the amendments.

Debra Wiedman-Clawson questioned if another public hearing is necessary due to the increase in square footage for two-family dwellings.

The Planning Commission members discussed having an additional public hearing for the public to comment on the changes prior to moving to the next level.  All agreed to hold another public hearing.

James L. Anderson felt footnote (e) “All side yard setbacks for corner lots shall be equal to the

required front yard setback” is confusing.  If a lot is on the corner of D-19 and Triangle

Lake Road you could read this as two 100’ front yard set backs.

Charles Musson 333 Triangle Lake Road felt footnote (b) “In no case shall any yard setback be less than one hundred (100) feet along the Pinckney Road right-of-way” is also confusing and should be clarified.

The Planning Commission would like John Enos to rewrite the verbiage for footnote b and e.

Jean Root motioned to table Article VII Zoning Districts & Maps/Schedule of Regulations, dated April 24, 2007, to the June 26, 2007 meeting, John Enos to provide revised text.  Dave Hamann seconded.  Motion carried 5-0.  

Proposed Amendment – Section 6.14 Home Occupations

John Enos summarized the changes to date and thinks Class I is straight forward.

The Planning Commission members reviewed Class I and portions of Class II and requested the following changes.

  • Page 1 of 3; item #3 delete ‘either gratuitously or for compensation of any kind,’
  • Page 1 of 3; item #4 delete the entire second sentence
  • Page 1 of 3; item #6 delete the entire second sentence also John Enos and Annette McNamara to look at the sign language
  • Page 1 of 3; item #8 to read ‘the home occupation shall not entail the use or storage of explosive or flammable material or otherwise hazardous waste.’
  • Page 2 of 3; under Approval Procedure for Home Occupations, strike the entire first sentence
  • Page 3 of 3; under Definitions of Class II Home Occupations, consider deleting ‘storage of oversized vehicles and/or trailers
  • Throughout the entire document delete reference to Planning Commission giving approval and replace with Planning Commission recommends approval to the Board of Trustees and the Board of Trustees approves/denies

James L. Anderson asked if the storage of oversized vehicles has to be inside a building.

John Enos answered with a Class II Home Occupation the Planning Commission has an opportunity to regulate that situation.

Dave Hamann motioned to table agenda item #2 Home Occupations to the June 26, 2006 meeting and John Enos to provide revisions.  James L. Anderson seconded.  Motion carried 4-0.

Jean Root left the meeting @ 8:20 p.m.

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

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

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

Agenda items #3, #4 & #5 will be discussed together.

John Enos summarized the changes since the last time this text was reviewed.

Les Andersen questioned why only a ½ acre for each additional horse, Putnam Township requires 1 acre for each additional horse.

Debra Wiedman-Clawson explained the reasoning behind Putman Townships’ language and said she believes they have since changed to ½ acre for each additional horse.

Planning Commission discussed animal units per acre and questioned if this lines up with the proposed text.

John Lowe questioned if a lean to is adequate enough to protect the horses.

Debra Wiedman- Clawson answered yes, a stall or three sided lean to with a roof is not necessary.  Most stables have only a wall to protect the horses from prevailing winds.

Les Andersen suggested a stall for every 3 horses or for 25% of the horses.

John Enos said you can use a sliding scale.  He does not want the Planning Commission to spend too much time over regulating. 

James L. Anderson asked if the minimum three acres is entirely fenced in, he would like to see this clarified in the language.

Mr. Hanvey asked if you need a principal structure to have a private stable.

John Enos answered yes.  He will also look into fencing language.

Dave Hamann motioned to table agenda items #3, #4 & #5 to the July 24, 2007 meeting, John Enos to provide updated language for the meeting.  James L. Anderson seconded.  Motion carried 4-0.

Proposed Amendment - Section 3.02 Figure 3-2 delete Flat & Mansard roofs from diagram & Figure 3-6 Show Utility Easement on diagram

Regarding the Flat and Mansard roof diagram, John Enos felt this proposed amendment should be dropped.  If they are stricken from the diagram (not allowed) this would include the Highway Service, Light Industrial and Public Lands Districts.  The buildings in these districts have flat roofs.  There is language in Section 6.22 Single Family Design Standards requiring a 4:12 roof pitch for a principle structure.  There is language in Section 6.07 Accessory Uses and Structures that requires a 4:12 rood pitch for accessory structures.  He thinks the diagrams should be left as is.

The Planning Commission members discussed sun rooms and the fact that most of those do not have a 4:12 roof pitch.  They asked that this be placed on the proposed text amendment list for future review.

Dave Hamann motioned to withdraw the proposed amendment to figure 3-2, agenda item #6.  James L. Anderson seconded.  Motion carried 4-0. 

The Planning Commission went on to discuss figure 3-6, indicating the utility easement on the diagram.  The Livingston County Department of Planning suggested a definition of utility easement to go with the figure 3-6.

The Planning Commission members reviewed two suggestions and agreed on the second, which reads; “Easement:  A right-of-way granted, but not dedicated, for limited use of private land for private, public or quasi-public purpose, such as for franchised utilities, a conservation easement or an access easement for a private road or service drive, and within which the owner of the property shall not erect any permanent structures.”  They agreed to move figure 3-6 along to the Board of Trustees in the mean time they will work on the definition of easement when they review definitions of pens, corrals and & pasture.

Charles Musson, 333 Triangle Lake Road ; would like to see the utility easement on deeds.  Detroit Edison will not enter someone’s property to extend a pole without documentation on a deed.  If Marion Township is not going to require that then there is no reason to amend figure 3-6.

Discussion ensued on this subject with no resolve.

Dave Hamann amended his previous motion with the following motion.

Dave Hamann motioned to withdraw figure 3-2; Flat and Mansard Roofs, send figure 3-6 to the Board of Trustees for review and approval/denial.  James L. Anderson seconded.  Motion carried 4-0.

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

The Board of Trustees sent this language back to the Planning Commission for further review of the footing inspection language.

The Planning Commission members discussed language that would require a foundation survey for structures that are within 10’ of the required setback.  These are difficult to measure with any accuracy unless you have survey equipment.

Debra Wiedman-Clawson suggested Annette McNamara contact the Livingston County Building Department, once language is in place, to let them know this will be a requirement for a Certificate of Compliance.  So they will not issue a Certificate of Occupancy without Marion Townships Certificate of Compliance.

John Enos and Annette McNamara will work together to come up with language for the Planning Commission members review.

Dave Hamann motioned to table agenda item #7 to the July 24, 2007 meeting.  Debra Wiedman-Clawson seconded.  Motion carried 4-0. 

Proposed Amendment – Section 6.20 – New Private Roads Serving Single-Family, Multiple-Family and Commercial Developments

Annette McNamara informed the Planning Commission members of comments made by the Livingston County Department of Planning on Section 6.20, encouraging further review of the language.  Because Section 6.19 B and Section 3.02, figure 3-8 frontage measurements on a cul-de-sac were grouped together with Section 6.20, does the Planning Commission want her to hold off on sending 6.19 B & figure 3-8 to the Board of Trustees for review and approval/denial until the Planning Commission has reviewed the comments on Section 6.20?

The Planning Commission agreed to place Section 6.20, 6.19 B & figure 3-8 on the July 24, 2007 agenda for review.

Dave Hamann motioned to place Section 6.20, 6.19 B & figure 3-8 on the July 24, 2007 agenda.  James L. Anderson seconded.  Motion carried 4-0.

NEW BUSINESS

Debra Wiedman-Clawson gave a copy of Public Act 451 of 1976, The Revised School Code (excerpt) to the Planning Commission and Board of Trustees for their review.  It states the requirements for a township to let the school know they want to review proposed site plans.  Unfortunately she did not get the copies to the Clerks office on time to have it put in the Board of Trustees packages for the May 24, 2007 meeting.  There is no way they can make the 45 day deadline and send a letter to the Parker High School stating Marion Township would like to review the site plan for placing a cell tower with co-locators on school property.  Debra Wiedman-Clawson wants it on record that she is opposed to Parker High School putting up a cell tower with commercial co-locators without allowing Marion Township review and comment.

CALL TO THE PUBLIC

None heard

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 10:00 p.m.  Dave Hamann seconded.  Motion Carried 4-0.