MARION TOWNSHIP PLANNING COMMISSION

AGENDA AND MINUTES

June 25, 2013 @ 7:30 p.m.

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA FOR: June 25, 2013 Regular Meeting

INTRODUCTION OF MEMBERS:

CALL TO THE PUBLIC: Agenda Items only 3 minute limit

APPROVAL OF MINUTES FROM: May 28, 2013 Regular Meeting

PUBLIC HEARING

1)    Proposed Home Occupation Class II SUP# 01-13 Pardiac Auto Repair 

2)    Proposed Rezoning RZN# 01-13 Public Land to Suburban Residential  
     Tax ID#4710-13-100-024 &
4710-13-100-025

3)    Proposed Rezoning RZN# 02-13 Public Land to Suburban Residential - Tax ID#4710-13-100-003

4)    Proposed Zoning Ordinance Text amendment TXT# 02-13 Relationship of Buildings to Lots

OLD BUSINESS:

1)     Proposed Home Occupation Class II SUP# 01-13 Pardiac Auto Repair 

2)     Proposed Rezoning RZN# 01-13 Public Land to Suburban Residential  
    Tax ID#4710-13-100-024 & Tax ID#4710-13-100-025

3)     Proposed Rezoning RZN# 02-13 Public Land to Suburban Residential - Tax ID#4710-13-100-003

4)    Proposed Zoning Ordinance Text amendment TXT# 02-13 Relationship of Buildings to Lots

5)    Proposed Zoning Ordinance Text amendments

Section 3.02 Definitions of Adult Foster Care Family, Large, Small Group Home, Family & Group Child Care Home

Sections 8.01, 8.02, 8.03 & 8.04 add Adult Foster Care Large & Small Group Home to Uses Permitted with Special Use Permit Section 8.05 add Adult foster care family home and delete Adult Foster Care Small Group Home

Sections 8.01, 8.02, 8.03, 8.04 & 8.05 amend heading for Family & Group Day Care Homes

Section 17.01 Adult Foster Care Large Group Home/Adult Foster Care Small Group Home

Section 17.16 Group Day Care Homes

NEW BUSINESS: No new business

CALL TO THE PUBLIC:

ADJOURNMENT:

MINUTES

PLANNING COMMISSION PUBLIC HEARING & REGULAR MEETING
JUNE 25, 2013 7:30 P.M.

MEMBERS PRESENT: BOB HANVEY CHARLIE MUSSON JEAN ROOT, SECRETARY

MEMBERS ABSENT: JERRY SIDLAR, VICE-CHAIR

OTHERS PRESENT: ANNETTE MCNAMARA, ZONING ADMINISTRATOR SALLY ELMIGER, CARLISLE/WORTMAN

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CALL TO ORDER

Jean Root called the meeting to order at 7:45 p.m.

PLEDGE OF ALLEGIANCE

Per the Planning Commission Rules & Procedures, should neither the Chair-Person nor the Vice Chair-Person be present at a meeting, a temporary chair-person shall be elected.

Bob Hanvey nominated Jean Root as temporary Chair-Person for tonight's meeting. Charles Musson seconded. Motion carried 3-0.

APPROVAL OF AGENDA

Bob Hanvey motioned to approve the June 25, 2013 regular meeting agenda. Charles Musson seconded. Motion Carried 3-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves. Jerry Sidlar was absent.

CALL TO THE PUBLIC

Jean Root opened the call to the public.

No response.

Jean Root closed the call to the public.

APPROVAL OF MINUTES

May 25, 2013 Regular meeting minutes

Annette McNamara noted errors on page two and three that have been corrected on the master copy. Bob Hanvey motioned to approve the amended May 25, 2013 regular meeting minutes. Charles Musson seconded. Motion Carried 3-0.

Public Hearing #1 Proposed Home Occupation Class II - SUP# 01-13 Pardiac Auto Repair

Jean Root opened the public hearing.

Cathy Minard, 367 W. Coon Lake Road; she is concerned as Mr. Pardiac has been running this business for three years. She would like to know the number of cars that will be allowed on site and where or how chemical waste will be disposed of. She said Mr. Pardiac allows his dog to run loose. She asked if the residents can have a vote.

Jean Root told her that the approving body is the Board of Trustees; the elected Officials make the final decision. Jean Root felt this would be a good time to summarize the proposal and asked Sally Elmiger to do so.

Sally Elmiger introduced herself as the Marion Township Planner and summarized the proposal for the audience.

Joan O'Brien, 335 W. Coon Lake Road; she also has concerns. She has problems with Mr. Pardiac driving his snowmobile too close to her house, his dog barks and he fires off guns. There are too many car repair businesses in Marion Township.

Mike O'Brien, 335 W. Coon Lake Road; said Mr. Pardiac doesn't own the property, asked if Mr. Pardiac has liability insurance. He wants to know what Mr. Pardiac will do if a car is not picked up after it is repaired; can he put it up for sale on the property?

Ken Pardiac, Rurik; the applicant was asked to submit additional information at the last meeting and tonight Mr. Pardiac has brought information on ingress/egress signage required by the Livingston County Road Commission, where the dumpster will be located and secondary containment for chemical waste.

Jean Root closed Public Hearing #1 at 8:05 p.m.

Public Hearing #2 Proposed Rezoning RZN# 01-13 - Public Land to Suburban Residential - Tax ID#4710-13-100-024 & 4710-13-100-025

Jean Root opened Public Hearing #2 at 8:06 p.m.

No comments were heard.

Jean Root closed Public Hearing #2 at 8:07 p.m.

Public Hearing #3 Proposed Rezoning RZN# 02-13 - Public Land to Suburban Residential - Tax ID#4710-13-100-003

Jean Root opened Public Hearing #3 at 8:08 p.m.

No comments were heard.

Jean Root closed Public Hearing #3 at 8:08 p.m.

Public Hearing #4 Proposed Zoning Ordinance Text amendment TXT# 02-13 Relationship of Buildings to Lots

Jean Root opened Public Hearing #4 at 8:09 p.m. No comments were heard.

Jean Root closed Public Hearing #4 at 8:09 p.m.

Jean Root opened the Regular Meeting at 8:10 p.m.

OLD BUSINESS

Proposed Home Occupation Class II - SUP# 01-13 Pardiac Auto Repair

Bob Pardiac did not meet the June 17, 2013 deadline for submitting materials addressing the comments made by the Planning Commission members at the May 24, 2013 meeting. He brought them tonight and gave copies to the Planning Commission members.

Sally Elminger summarized the materials submitted tonight by the applicant to include an aerial depicting the Livingston County Road Commission requirements for directional signage, secondary containment for toxic materials, such as oil. Bob Pardiac does not want to apply for a variance to allow additional signage; he will remove two of the signs and comply with Zoning Ordinance requirements as shown in tonight's submittal.

Jean Root asked if the Howell Area Fire Authority has approved the site yet. Once the applicant receives approval from the Board of Trustees she would like a letter from the Fire Chief granting approval for the file. She asked the applicant about potential hiring practices.

Ken Pardiac responded that Mr. Pardiac will hire employees in accordance with the law.

Jean Root addressed the letter in the applicants June 6, 2013 submittal stating no drop-ins, car repair will be by appointment. A home occupation becomes a privilege to work out of your home. She has concerns the model is changing.

Ken Pardiac said he is confident Mr. Pardiac will comply with the limit on number of cars.

Discussion ensued regarding drop-ins.

The conditions for the special use were discussed and the Planning Commission members agreed to have Mike Kehoe review and approve before the Board of Trustees review. The Planning Commission members asked to have the following changes made to the conditions.

1. Business hours shall not exceed the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday.

2. Applicant shall operated business in accordance with the requirements stated in the Howell Area Fire Authority letter dated 5-17-2013, Livingston County Road Commission letter dated 5-15-2013 and Carlisle/Wortman Associates, Inc. letter dated 5-20-2013.

3. Applicant shall record Conditions of Special Use Permit by Tax ID# 4710-26-200-044, not attached to the deed.

Jean Root motioned to recommend approval and send the request for the proposed Home Occupation Class II Special Use Permit #01-13; Tax ID# 4710-26-200-044; 55 W. Coon Lake Road to the Board of Trustees, under the following conditions.

1. Will the proposal be harmonious and in accordance with the general principals and objectives of the Master Plan of the Township?

The subject site and the surrounding area are depicted as LDR, Low Density Residential, in the 2010 Marion Township Master Plan. The intent of this area is to preserve land suitable for large-lot residential and agricultural land use, and to protect the rural character of the Township. If the proposed use involved a greater number of vehicles per day, or vehicles parked on the property Subject Site at any one time, then we would not consider it fitting the intent of this area in the Master Plan. However, because the home occupation is limited to twelve visitors/customer/deliveries per day, and only eight (8) cars, including those owned by the applicant, are to be parked on the parcel at any one time, we consider it a use that will not have a detrimental effect on the surrounding properties.

2. Will the proposal be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed?

The auto repair business will use an existing 1,800 square foot garage and small office building for its activities. The orientation of the buildings will limit the impact this business has on neighbors and the character of the site since they block the view from adjoining properties and the roadways. The submitted materials show that parking for automobiles on the property will be hidden from view from the roadway and neighboring properties. The application also states that he will abide by the maximum of twelve (12) visitors, customers or deliveries in a day, and a maximum of eight (8) motor vehicles temporarily parked or located outdoors at a time. The applicant should provide information about what types and sizes of vehicles he will be servicing.

Will the proposal be hazardous or disturbing to existing or future uses in the same general vicinity and will substantially improve property in the immediate vicinity and in the community as a whole?

If the proposed use remains small, it will most likely not be hazardous or disturbing to the existing and future uses in the same general vicinity. The application states that the business will not reach an intensity that would create a nuisance to adjacent properties. In addition, the applicant states that all toxic materials will be stored inside, in approved containers, and be removed from the property monthly to be recycled. If the applicant abides by the limits set by the Home Occupation Class II site requirements, then traffic and other potential nuisances will be minimized.

4. Will the proposal be served adequately be essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities and schools?

The site is located at the intersection of W. Coon Lake Road and Pinckney Road. There are three access points: two on W. Coon Lake Road and one on Pinckney Road. We consider access adequate. This property is served by local police and fire protection. The application states that no additional grading or soil removal is proposed. The existing building and driveway configuration drain properly, and since no other site changes are being made, we consider drainage adequate. Regarding refuse disposal, the application states that toxic materials will be removed from the property monthly, and be recycled. Since a dumpster has not been identified on the plans, the applicant should describe the amount of non-toxic material that will be generated by the business and how/where they are stored before being disposed of off the property.

5. Will the proposal involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors?

The application states that the business will not be detrimental to person or property. It also states that it will engage in minor auto repair, such as tune ups, brake services and exhaust repairs. The applicant should confirm that activities such as body work, painting, or more intensive vehicle repairs will not be conducted on the premises.

6. Will the proposal meet the intent and purpose of the zoning regulations; be related to the standards established in the Ordinance for the land use or activity under consideration; and will be in compliance with these standards.

Refer to our comments in the next section that evaluates the Home Occupation Class II Site Requirements.

7. Will the proposal ensure that landscaping shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and by topographic modifications, which result in maximum harmony with adjacent areas?

No modifications are being proposed at the site. The proposed business will use existing drives and buildings. No vegetation will be removed as a result of this proposal.

8. Will the proposal ensure that special attention shall be given to proper site surface drainage so that removal of storm waters will not adversely affect neighboring properties?

As mentioned above, no changes to the site are proposed. Existing drainage will not be modified by this proposal.

9. Will the proposal ensure that all exterior lighting shall be so arranged that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets? Flashing or intermittent lights shall not be permitted.

No additional lighting is proposed.

10. Will the proposal meet the site plan review requirements of Article 18?

Section 17.32, Home Occupation Class II, states that an informal site plans (does not need to comply with the requirements found in Article XVIII Site Plan Review) must be submitted for review. The applicant has provided the information required in Section 17.32.

11. Will the proposal conform to all applicable state and federal requirements for that use?

The application states that he will abide by all applicable laws regarding the auto repair business.

Charles Musson seconded. Roll Call - Charles Musson - yes, Bob Hanvey - yes, Jean Root - yes; Motion Carried 3-0.

Jean Root motioned to recommend approval for the site plan submitted for Special Use Permit #01-13; Tax ID# 4710-26-200-044; 55 W. Coon Lake Road to the Board of Trustees, to include; Carlisle/Wortman Associates, Inc. review letter dated 5-20-13, Howell Area Fire Authority review letter dated 5-15-13, Livingston County Road Commission review letter dated 5-15-13 and the Conditions of the Special Use Permit as amended at 6-25-13 Planning Commission meeting to include the conditions be recorded by Tax ID# and not attached to the deed and reviewed by Mike Kehoe before the Board of Trustees review. Charles Musson seconded. Roll Call - Charles Musson - yes, Bob Hanvey - yes, Jean Root - yes; Motion Carried 3-0.

Proposed Rezoning RZN# 01-13 - Public Land to Suburban Residential - Tax ID#4710-13-100-024 & 4710-13-100-025

The Planning Commission members do not have any comments on the proposed rezoning request.

Jean Root motioned to send the proposed rezoning request RZN# 01-13 - Public Land to Suburban Residential - Tax ID#4710-13-100-024 & 4710-13-100-025 to the Livingston County Department of Planning for review and comment. If no significant comments are made, the request is to be sent to the Board of Trustees for review and approval/denial. Charles Musson seconded. Roll Call - Charles Musson - yes, Bob Hanvey - yes, Jean Root - yes; Motion Carried 3-0.

Proposed Rezoning RZN# 02-13 - Public Land to Suburban Residential - Tax ID#4710-13-100-003

Annette McNamara told the Planning Commission members that this parcel was a part of the Howell Public Schools property and has been sold to a private company. The parcel now must be rezoned to a residential designation, preferably Suburban Residential. She has discussed this with Mike Kehoe, Township Attorney and he agreed this request could be advertised with RZN#01-13. Mike Kehoe said that Suburban Residential would be the best designation as the parcel is one acre, rezoning to Rural Residential would be creating a non-conforming parcel.

The Planning Commission members all agreed with Mike Kehoe and had no additional comments.

Jean Root motioned to send the proposed rezoning request RZN# 02-13 - Public Land to Suburban Residential - Tax ID#4710-13-100-003 to the Livingston County Department of Planning for review and comment. If no significant comments are made, the request is to be sent to the Board of Trustees for review and approval/denial. Charles Musson seconded. Roll Call - Charles Musson - yes, Bob Hanvey - yes, Jean Root - yes; Motion Carried 3-0.

Proposed Zoning Ordinance Text amendment TXT# 02-13 Relationship of Buildings to Lots

The Planning Commission members agreed with the changes Mike Kehoe suggested in his review letter dated 5-20-13.

Jean Root motioned to send the proposed text amendment TXT# 02-13 - Relationship of Buildings to Lots to the Livingston County Department of Planning for review and comment. If no significant comments are made, the request is to be sent to the Board of Trustees for review and approval/denial. Charles Musson seconded. Roll Call - Charles Musson - yes, Bob Hanvey - yes, Jean Root - yes; Motion Carried 3-0.

Proposed Zoning Ordinance Text amendments 1) Section 3.02 Definitions of Adult Foster Care Family, Large, Small Group Home, Family & Group Child Care Home 2) Sections 8.01, 8.02, 8.03 & 8.04 add Adult Foster Care Large & Small Group Home to Uses Permitted with Special Use Permit Section 8.05 add Adult foster care family home and delete Adult Foster Care Small Group Home 3) Sections 8.01, 8.02, 8.03, 8.04 & 8.05 amend heading for Family & Group Day Care Homes 4) Section 17.01 Adult Foster Care Large Group Home/Adult Foster Care Small Group Home 5) Section 17.16 Group Day Care Homes

Annette McNamara noted the addition of proposed changes to Family and Group Child Care Homes. The headings of definitions, listing under residential districts and Section 17.06 were amended per Mike Kehoe's review letter. Mike Kehoe thinks the language in the Zoning Ordinance should match the language in the State of Michigan statue to avoid confusion.

Bob Hanvey would like to have Small Foster Care and Large Foster Care Group Homes as a use permitted by special use permit in the Rural Residential zoning district.

The Planning Commission members agreed.

After discussion the Planning Commission members asked to have the following changes made to the text.

1. Small Foster Care and Large Foster Care Group Homes as a use permitted by special use permit in the Rural Residential District

Changes to Section 17.01

2. Delete private roads from text 3. Add text per Mike Kehoe review letter as item A #3; The distance shall be measured along public road rights-of-way between the nearest boundaries of the proposed foster care home lot and the facility lot. The subsequent establishment of any of the facilities listed in this subsection shall not affect any approved Special Use Permit for an adult foster care small group and/or large group home 4. Add under Section B as #2; property shall have frontage on a public road and renumber accordingly 5. Add 'constructed or' before the word maintained under item B #6 6. Delete item 'b' under B #5 7. Add item #3 under section C to read "no building shall be closer to any rear or side lot line than 40'"

Annette McNamara was asked to make the proposed amendments to the text.

Jean Root motioned to hold a public hearing at the July 23, 2013 meeting for the proposed text amendments associated with child care and foster care homes. Charles Musson seconded. Motion Carried 3-0.

NEW BUSINESS

CALL TO THE PUBLIC

Jean Root opened the call to the public.

Sally Elmiger would like to offer the Planning Commission and the Zoning Board of Appeals training.

Jean Root asked that the training be held in September or after.

Bob Hanvey agreed; he would like the new appointee to be present for training.

Jean Root closed the call to the public.

ADJOURNMENT

Charles Musson motioned to adjourn the meeting at 9:39 p.m. Bob Hanvey seconded. Motion carried 3-0.