May 25, 2010 @ 7:30 p.m.

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA FOR: May 25, 2010 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:  April 27, 2010 Regular Meeting

OLD BUSINESS:

1. Proposed Amendment – Wellhead Protection Area Section 6.27

2. Proposed Zoning Ordinance requirements for Outdoor Furnaces

3. Planning Commission Rules & Procedure – final review/adoption

4. Proposed Amendment – Manufactured Home Park District Section 7.01, 7.10 & 8.05

NEW BUSINESS:

1. Baruzzini Special Use Permit review – located in the Rural Residential District on the south side of Combine Court – Tax ID# 4710-28-200-040 – 3069 Combine Court – proposed use; Commercial Kennel

2. Eat to the Beat – Presentation of proposed use Highway Service District

CALL TO THE PUBLIC:

ADJOURNMENT:

                                          DRAFT MINUTES

                                                MAY 25, 2010 @ 7:30 P.M.

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

JERRY SIDLAR, VICE-CHAIR

BOB HANVEY

MEMBERS ABSENT:                   JEAN ROOT, SECRETARY

JIM MURRAY

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN L. ENOS, CARLISLE/WORTMAN & ASSOCIATES

LES ANDERSEN, TRUSTEE

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CALL TO ORDER

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

PLEDGE TO FLAG

APPROVAL OF AGENDA

Discussion on the rezone of Rocky Knoll was added under new business.  Bob Hanvey motioned to approve the May 25, 2010 regular meeting agenda as amended.  Jerry Sidlar seconded.  Motion Carried 3-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  Jean Root and Jim Murray were 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

April 27, 2010 Regular Meeting minutes

Bob Hanvey motioned to approve the April 27, 2010 regular meeting minutes as submitted.  Jerry Sidlar seconded.  Motion carried 3-0.

OLD BUSINESS

Proposed Amendment – Wellhead Protection Area Section 6.27

The Board of Trustees reviewed the proposed amendments and they are satisfied with the changes.

Bob Hanvey motioned to schedule a public hearing for Section 6.27 on June 22, 2010 @ 7:15 p.m.  Jerry Sidlar seconded.  Motion carried 3-0.

Outdoor Furnaces

Bob Hanvey asked how to enforce item B which doesn’t allow burning of certain materials.

John Enos answered you would have to catch a person in the act yet if the language doesn’t include this it opens the door for abuse.

Bob Hanvey motioned to send the amended text to the Board of Trustees for review and comment.  Jerry Sidlar seconded.  Motion carried 3-0.

NEW BUSINESS

Baruzzini Special Use Permit review – located in the Rural Residential District on the south side of Combine Court – Tax ID# 4710-28-200-040 – 3069 Combine Court – proposed use; Commercial Kennel

John Enos summarized the request for a Commercial Kennel.  This is a use permitted by special use permit in the district.  Marion Township needs to regulate access, parking, hours of operation, number of dogs, screening and waste removal.  John Enos has reviewed the submittal and noted the screening and waste removal needs clarification.  John also noted a special use runs with the property and if the applicant sells the new owner needs to be aware of the conditions.

Ted Baruzzini told the Planning Commission he plans to install chain link fencing and a screening to the fence.  He will provide details on the fencing and placement on the property for the Planning Commission.  Due to the placement of his house and the structure he wanted direction from the Planning Commission.

John Enos told the Planning Commission he has visited the site and from the cul-de-sac of Combine Court you will only be able to see the roof of the structure.  From the Knolls of Grass Lake walking path you will be able to see the dog runs on the North and South side of the building.  The screening will keep the dogs from seeing any walkers on the path so the dogs will not bark.

Ted Baruzzini told the Planning Commission the building is 17' x 35’ with a 17’ x 10’ attached office.  The 9’ trusses over hang the dog runs.  He is going to extend chain link fencing with the screening 50’ on each side.

He also noted that someone will be at the house 24 hours a day and 7 days a week.  If by chance they go on vacation they would not board any dogs during that time.  He told the Planning Commission members the plan for waste removal will be Doggie Dulies, which is a method of composting the waste.  No waste will leach into the ground, the compost bins are contained.

Mike Kollath, 3144 Combine Court expressed his concern of a home based business on a private road, the value of his property, additional traffic and the possibility of seeing the building.

Bob Hanvey told Mr. Kollath that Marion Township has no jurisdiction on private roads or deed restrictions.  The normal number of trips per house is 10.

John Enos said that he did not agree with Mr. Kollath, he does not think traffic will become an issue.  If Mr. Kollath has a copy he should review his private road maintenance agreement.

Jim Barnwell asked if the kennel would provide grooming facilities and if it would have employees.

The applicant answered no.

Bob Hanvey said he is most concerned with noise, barking dogs ranks high on the list of Marion Township complaints.

Ted Baruzzini noted that blocking the dogs’ view of one another keeps noise to a minimum.  The block built structure will be filled with sound proofing materials as will the roof.

Jerry Sidlar reiterated what the Planning Commission would like to see for the June meeting.

1. Fencing and screening details
2. Location of compost drums and specifications.

Bob Hanvey motioned to schedule a public hearing for June 22, 2010 @ 7:15 p.m.  Jerry Sidlar seconded.  Motion carried 3-0.

Eat to the Beat – Presentation of proposed use Highway Service District

Mark Roman summarized his proposal to the Commissioners.  The restaurant will be open Monday thru Saturday 3:00 p.m. to 2:00 a.m. and Sunday noon to midnight.  He will be adding 1,000 s.f. inside with 142 seats and additional 72 seats will be provided on the patio.  He met with Boss Engineering and found out the septic system has a 73,000 gallon capacity which is more than adequate as it was originally set up for two hotels.  Mr. Roman said he is leasing from the owner of the hotel and the owner does not want the expense of hooking up to public utilities.  The Livingston County Health Department will ultimately make that call.  Mr. Roman is here tonight to find out if this project can be administratively reviewed or does the Planning Commission feel they should review.

It was the consensus of the Planning Commission members a site plan review would be required.

OLD BUSINESS

Planning Commission Rules & Procedure – final review/adoption

The Planning Commission members would like all members to be present for this agenda item.

Bob Hanvey motioned to table the Rules and Procedures to the June 22, 2010 meeting.  Jerry Sidlar seconded.  Motion carried 3-0.

Proposed Amendment – Manufactured Home Park District Section 7.01, 7.10 & 8.05

The Planning Commission members reviewed Mike Kehoes’ letter regarding the removal of this from the Zoning Ordinance.  Mike Kehoe suggested keeping it in.

John Enos said if someone has a piece of property that can accommodate a Manufactured Home Community they can submit a proposal. 

This proposed text amendment was dropped.

Charnesky Rezone Request

John Lowe told the Planning Commission members he would submit an application for all the parcels and should have this ready for the June 22, 2010 Planning Commission meeting.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Les Andersen told the Planning Commission members he ran into James L. Anderson.

John Lowe closed the call to the public.

ADJOURNMENT

Bob Hanvey motioned to adjourn the meeting at 9:10 p.m.  Jerry Sidlar seconded.  Motion Carried 5-0.