REGULAR MEETING

May 24, 2011

7:30 p.m.

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA FOR: May 24, 2011 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:  April 26, 2011 Regular Meeting

OLD BUSINESS:

1)     Proposed Zoning Ordinance requirements for Outdoor Furnaces

NEW BUSINESS:

1)     Discussion – Adding Agricultural Uses to Suburban Residential & Urban Residential

2)     Discussion – Land Divisions creating non-conforming structures

3)     Discussion – Section 6.27 Wellhead Protection Area possible pre-emption by NREPA

CALL TO THE PUBLIC:

ADJOURNMENT:

                                                                                     MINUTES

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

JERRY SIDLAR, VICE-CHAIR

JEAN ROOT, SECRETARY

JIM MURRAY

BOB HANVEY

MEMBERS ABSENT:                   NONE

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN L. ENOS, CARLISLE/WORTMAN & ASSOCIATES

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CALL TO ORDER

John Lowe called the meeting to order at 7:35 p.m.

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

Jean Root motioned to approve the May 24, 2011 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.

There was no response.

John Lowe closed the call to the public.

APPROVAL OF MINUTES

April 26, 2011 Regular Meeting & Public Hearing minutes

Jean Root noted in the last call to the public; she volunteered to attend the Joint Planning Commission Meeting with the City of Howell Planning Commission if John Lowe wasn’t available.  Jean Root motioned to approve the April 26, 2011 regular meeting & public hearing minutes as amended.  Jim Murray seconded.  Motion Carried 5-0. 

OLD BUSINESS

Proposed Zoning Ordinance requirements for Outdoor Wood Furnaces

The Planning Commission members reviewed the two examples of proposed text to regulate Outdoor Wood Furnaces.  They agreed to use the more abbreviated version of the two documents which was copied from the Putnam Township Zoning Ordinance with the following changes.

1)        Add to the opening paragraph; land use permit is required

2)        Item #1 – keep

3)        Item #2 – delete in its entirety

4)        Item #3 – keep and consider reducing the 100’ property line setback to 75’ or 50’

5)        Item #4 – keep and add side yard

6)        Item #5 – delete in its entirety

7)        Item #6 – delete in its entirety

8)        Item #7 – keep

9)        Add these three requirements as Item(s) # 8, 9 & 10

a.       The boiler or furnace shall be for the purpose of heating a dwelling and/or accessory structure on the same lot or parcel                        

b.       The outdoor wood fired boiler or furnace shall not be used to burn refuse, leaves, green vegetative matter or noxious plants

c.       Read and follow all operating instructions supplied by the manufacturer

10)    Add a definition to Section 3.02

The Planning Commissioners discussed how the yard placement issue would be handled on lake front lots.  The Zoning Ordinance designates the rear yard on lake front lots between the principal structure and the road.  They also discussed the height requirements for the stack.  All agreed that these issues would be handled on a case by case basis.  If the smoke from the stack became a valid nuisance for a neighbor, Marion Township can require that the height of the stack can be increased.

Jean Root motioned to table Outdoor Wood Furnaces to the next regularly meeting.  A clean copy to be submitted per tonight’s discussion.  Jerry Sidlar seconded.  Motion carried 5-0.

NEW BUSINESS:

Discussion – Adding Agricultural Uses to Suburban Residential & Urban Residential

Annette McNamara told the Planning Commission members that due to the lack of residential development and abandoned developments there are large parcels in the Suburban Residential and Urban Residential Districts that can be farmed.  Local farmers have expressed an interest in farming these parcels.

Discussion ensued and the Planning Commission members agreed to add this as a use permitted by right in the Suburban Residential District, yet they felt the Urban Residential District is too dense.

Jean Root motioned to hold a public hearing on June 28, 2011 @ 7:30 p.m. adding agricultural uses to the Suburban Residential District.  Jerry Sidlar seconded.  Motion carried 5-0.

Discussion – Land Divisions creating non-conforming structures

Marion Township has to make a decision whether to allow or not allow the creation of legally non-conforming accessory structures when approving land divisions.   Marion Township ’s past policy has been to approve land divisions that created non-conforming accessory structures as the Township Attorney has said that the only reason Marion Township can deny a land division application is if the acreage and road frontage requirements aren’t met.  The Land Division General Ordinance or the Zoning Ordinance has to be amended to include allowing this or not.

Discussion ensued regarding Section 19.02 and creating non-conformities within Marion Township .  The Planning Commissioners would like Mike Kehoe, Township Attorney to comment on this issue.

Jean Root motioned to table the Land Division/Non-conforming structures until the Zoning Administrator has gathered information from the Township Attorney, Mike Kehoe.  Jim Murray seconded.  Motion carried 5-0.

Discussion – Section 6.27 Wellhead Protection Area possible preemption by NREPA

John Enos summarized the State of Michigan Court of Appeals agreement with the lower court regarding Section 6.27 Wellhead Protection Area pre-emption by Natural Resources Environmental Protection Act.

John Lowe said that when the language was drafted they all knew it could be pre-empted by the State of Michigan and agreed to adopt the text anyway.

Bob Hanvey would like Mike Kehoe to comment on what Marion Township should do if another developer wants to place a community wastewater treatment plant within the wellhead protection area, can the Township say no?

Jean Root motioned to table Section 6.27 until additional information is gathered from Mike Kehoe.  Jerry Sidlar seconded.  Motion carried 5-0.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Scott Lloyd, 5717 Pingree Road – Mr. Lloyd would like the Planning Commission members to reconsider the 100’ property line setback, Item #3, Outdoor Wood Furnaces.  He thinks a 50’ or 75’ setback is more reasonable.  Discussion ensued and Annette suggested adding the 50’ or 75’ in parenthesis under item #3 for the Planning Commission members to consider at the June meeting.

John Lowe would like to make the Commissioners aware of a memo he sent to the Board of Trustees regarding the potential removal of heritage oaks along Peavy Road when reviewing the site distance for the service entrance to the elevated storage tank.  John Lowe asked in the memo that the Board of Trustees considers asking Marion Howell Oceola and Genoa Water Authority for a 4 to 1 replacement for every oak removed.

Bob Hanvey commented that the property is owned by Marion Township .  The property extends to the centerline of Peavy Road .  This means Marion Township will have additional leverage when asking the Livingston County Road Commission and project engineers to keep the heritage oaks in place.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 9:10 p.m.  Jim Murray seconded.  Motion Carried 5-0.