REGULAR MEETING - July 24, 2007

CALL TO ORDER:

APPROVAL OF AGENDA FOR:               July 24, 2007 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:            June 26, 2007 Public Hearing

                                                         June 26, 2007 Regular Meeting

                                                       July 10, 2007 Special/Joint Meeting                                                                    

OLD BUSINESS:

1)     Fox Meadows/Mason & Burkhart Roads– site plan amendment – 4’ wide sidewalks on both sides of Fox Meadows Court

2)     Proposed Amendment – Section 8.04 E #3 – ERS Yard Set Back Requirements

3)     Proposed Amendment – Section 3.02 Figure 3-9 ERS Rear Yard Requirements diagram

4)     Proposed Amendment – Section 17.10 Wireless Communication Facilities

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

6)     Proposed Amendment – Section 3.02 – Figure 3-8 Cul-de-sac Front Yard Set Back Diagram

7)     Proposed Amendment – Section 6.19 B – Lots to Have Access

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

9)     Proposed Amendment – Section 6.14 Home Occupations

10)Proposed Amendment – Section 8.03 B#5 & D#15 & Section 17.29 – Two Family Dwelling

11)Proposed Amendment – Section 6.31 – Family/Accessory Apartment

12)Proposed Amendment – Review of Definitions relating to lots

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

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

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

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

17)Proposed Amendment – Section 3.02 Definition of Easement

NEW BUSINESS:

CALL TO THE PUBLIC:

ADJOURNMENT:

                                             DRAFT MINUTES

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

DAVE HAMANN, CO-CHAIRPERSON

JEAN ROOT, SECRETARY                       

MEMBERS ABSENT:                   JAMES A. ANDERSON

                                                DEBRA WIEDMAN-CLAWSON                                          

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN ENOS, CARLISLE/WORTMAN

                                                PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT

                                                ROBERT W. HANVEY, SUPERVISOR

                                                LES ANDERSEN, TRUSTEE

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CALL TO ORDER

John Lowe called the meeting to order at 7:32 p.m.

APPROVAL OF AGENDA

Annette McNamara asked to have the Premier Farms walk-through added to the agenda.  She asked the Planning Commission members to relay information from the walk through to John Enos.

Dave Hamann motioned to approve the July 24, 2007 regular meeting agenda as amended.  Jean Root seconded.  Motion Carried 3-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  Debra Wiedman-Clawson and James L. Anderson 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

June 26, 2007 Public Hearing minutes

Dave Hamann motioned to approve the June 26, 2007 public hearing minutes.  Jean Root seconded.  Motion Carried 3-0.

June 26, 2007 Regular Meeting minutes

Dave Hamann motioned to approve the June 26, 2007 regular meeting minutes.  Jean Root seconded.  Motion Carried 3-0.

July 10, 2007 Special/Joint Meeting minutes

Dave Hamann motioned to approve the July 10, 2007 joint meeting minutes.  Jean Root seconded.  Motion Carried 3-0.

OLD BUSINESS

Fox Meadows Site Plan Amendment

Chris Grzemkowicz, Desine Inc, presented the request to eliminate the 5' wide sidewalks along one side of Fox Meadows Court.  The developer would like to put 4' wide sidewalks on both sides of Fox Meadows Court.  He noted the Orchard, Hiltz & McCliment, Inc. review letter brought up American Disability Act (ADA) compliance, a site condominium on private road does not have to meet ADA requirements.  The current owner/developer realized the previous owner allowed 4' wide sidewalks to be installed on one side of the road; and he is trying to remedy the situation by proposing 4' wide sidewalks on both sides of the road.

Phil Westmoreland said ADA requirements for 5’ wide sidewalks are open to interpretation, he asked are a private parking lot required to have handicap parking.  Orchard, Hiltz & McCliment, Inc. is recommending 5' wide sidewalks or the developer can indemnify Marion Township from all lawsuits.  These would be issues to discuss with Mike Kehoe, Township Attorney. 

John Lowe noted Marion Township can say no sidewalks at all.

John Enos said he is OK with 4' wide sidewalks and he noted the ADA issue in his review letter.

Jean Root motioned to approve the amended Fox Meadows site plan, print date 6-29-07, received date of 7-3-07, with the following conditions; the applicant provide a signed waiver or a detail on the site plan indemnifying Marion Township from ADA compliance liability.  Dave Hamann seconded.  Roll Call; Jean Root yes; Dave Hamann yes; John Lowe yes; Motion Carried 3-0.

Premier Farms Walk through Update

The Planning Commission would like John Enos to be aware of changes requested at the July 10, 2007 walk through.

1)      The 35' setback on the north side of Norton Road be increased to 70'

2)      Buffering requirement be observed along the south side of Norton Road

3)      Buffering requirement be observed along the north side of Emily Court

4)      Mark Janeck agreed to relocate apartments along the south side of Emily Court and replace with townhouses

The Planning Commission members have concerns regarding the following items.

1)      How will the master homeowner association and the smaller homeowners associations work?

2)      Will there be one association to take care of common areas and roads?

3)      Should a Special Assessment District be set up to repair roads damaged from construction equipment from the beginning or require the developer to submit a letter of credit or bond.

4)      Will outside agencies, local and state, be attending the Planning Commission meetings to discuss site plan issues or will they submit comments.

5)      Planning Commission feels they have too many questions to address in one preliminary review.

6)      When you have an overlay and don't rezone each area as planned unit development you cannot ask for off site improvements.  John Enos is not certain he agrees with this.

Les Andersen said he spoke with Mike Crain at the Livingston County Road Commission and Mike Crain wants 1 year to complete a traffic study, then the Livingston County Road Commission will be satisfied.  Mike Crain has concerns Burkhart Road and the I-96 interchange cannot handle the traffic.

John Enos wants Marion Township to partner with state and local agencies; the plan approval is contingent on outside agency review and comment.

Proposed Amendment – Section 8.04 E #3 – ERS Yard Set Back Requirements

Proposed Amendment – Section 3.02 Figure 3-9 ERS Rear Yard Requirements diagram

The Planning Commission members are satisfied with the amendments.

Jean Root motioned to send Section 8.04 E #3 ERS Yard Set Back Requirements dated May 17, 2007 and Section 3.02 figure 3-9 ERS Rear Yard Requirements dated 5-17-07 to the Board of Trustees for review.  If there are no requests for changes, send to the Livingston County Department of Planning for review and comment.  Dave Hamann seconded.  Motion Carried 3-0.

Proposed Amendment – Section 17.10 Wireless Communication Facilities

John Enos noted the shaded areas are amended text the Planning Commission requested.  Mike Kehoe has reviewed the proposed language and approves.

John Lowe asked if they should make an exception on the three mile distance in the Highway Service District.

John Enos said the applicant could look at a dimensional variance.

The Planning Commission members would like the following changes made to the document.

1)      Page 1 of 8 Section A #5 - add adverse prior to the word effects

2)      Page 3 of 8 Section C 1 f - the first sentence should read ' The WCSF shall meet all requirements of the zoning district in which it is located.'

3)      Page 3 of 8 Section C 1 h - the sentence should read 'The construction of the WCSF shall be of monopole design.'

4)      Page 3 of 8 Section C 1 l - delete the last sentence

5)      Page 4 of 8 Section C 1 p - place 'approved by the Planning Commission’ after the word justification

6)      Page 5 of 8 Section C 3 d (1) - should read 'The WCSF shall not exceed two hundred (200) feet in height.’

7)      Page 7 of 8 Section C 5 - the shaded section should read 'as required by Section C 3 e (4)'

Proposed Amendment – Section 3.02 Definitions for Wireless Communication Facilities

1)      Keep current definition of Wireless Communication Tower and remove skeleton framework

2)      Keep current definition of Wireless Communication Antenna

3)      Keep current definition of Wireless Communication Facilities and add items #1, #2 and #3

Jean Root motioned to hold a public hearing for Section 17.10 Wireless Communication Facilities on August 28, 2007 @ 7:15 p.m.  Dave Hamann seconded.  Motion Carried 3-0.

Jean Root motioned to hold a public hearing for Section 3.02 Definitions for Wireless Communication Facilities on August 28, 2007 @ 7:15 p.m.  Dave Hamann seconded.  Motion Carried 3-0.

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

The Planning Commission members reviewed and discussed the comments from the Livingston County Department of Planning.  All agreed to keep the text as is and not follow the Livingston County Department of Planning recommendations.

Dave Hamann told the Planning Commission members the Board of Trustees is working on a Private Road General Ordinance.  He summarized the history of Section 6.20 and the creation of a General Ordinance.  His opinion is to keep the General Ordinance as originally intended, for the Board of Trustees to enforce.  Now with the tie between the land division and zoning, he feels it has turned back to a zoning issue.  The township attorney insists on land division text in the General Ordinance.  The Planning Commission will wait until Thursday night to see what the Board of Trustees wants.

Mr. Hanvey said to take a paragraph out of the Land Division General Ordinance, the paragraph that allows splits with the possibility of access.  How will the review of a deteriorating road be triggered without a land division?

Discussion ensued on deteriorating private roads.

Jean Root motioned to send Section 6.20 New Private Roads Serving Single-Family, Multiple-Family and Commercial Developments to the Board of Trustees.  After reviewing the Livingston County Department of Planning comments no changes have been made.  The Planning Commission wants the Board of Trustees to review and approve as submitted.  Dave Hamann seconded.  Motion Carried 3-0.

Proposed Amendment – Section 3.02 – Figure 3-8 Cul-de-sac Front Yard Set Back Diagram

Jean Root motioned to send Section 3.02 – Figure 3-8 Cul-de-sac Front Yard Set Back Diagram to the Board of Trustees for review and approval.  Dave Hamann seconded.  Motion Carried 3-0.

Proposed Amendment – Section 6.19 B – Lots to Have Access

Jean Root motioned to send Section 6.19 B Lots to Have Access to the Board of Trustees for review and approval.  Dave Hamann seconded.  Motion Carried 3-0.

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

John Enos suggested another public hearing, due to the changes since the last public hearing.

Jean Root motioned to hold a public hearing on Article VII – Zoning Districts & Maps/Schedule of Regulations to include the changes to the Schedule of Regulations, on August 28, 2007 @ 7:15 p.m.  Dave Hamann seconded.  Motion Carried 3-0.

Proposed Amendment – Section 6.14 Home Occupations

John Enos said the Planning Commission is comfortable with Class I and Class II will need Special Use Permit language.

Jean Root motioned to table this agenda item until John Enos requests review by the Planning Commission.  Dave Hamann seconded.  Motion Carried 3-0.

Proposed Amendment – Section 8.03 B#5 & D#15 & Section 17.29 – Two Family Dwelling

Jean Root motioned to hold a public hearing on Section 8.03 B#5 & D#15 on August 28, 2007 @ 7:15 p.m.  Dave Hamann seconded.  Motion Carried 3-0.

Jean Root motioned to hold a public hearing on Section 17.29 – Two Family Dwelling on August 28, 2007 @ 7:15 p.m.  Dave Hamann seconded.  Motion Carried 3-0.

Proposed Amendment – Section 6.31 – Family/Accessory Apartment

Jean Root asked John Enos to amend Section A #6 to read 'the primary residence and the family accessory apartment must share common water and septic, approved by the Livingston County Department of Public Health, and electric facilities.  Also in the definition delete the word dwelling and replace with residence.

Jean Root motioned to hold a public hearing on Section 6.31 – Family/Accessory Apartment on August 28, 2007 @ 7:15 p.m.  Dave Hamann seconded.  Motion Carried 3-0.

Jean Root motioned to hold a public hearing on Section 3.02 definition of Family/Accessory Apartment on August 28, 2007 @ 7:15 p.m.  Dave Hamann seconded.  Motion Carried 3-0.

Proposed Amendment – Review of Definitions relating to lots

John Enos noted that Mike Kehoe has reviewed the definition and approves.

Jean Root motioned to table Section 3.02 Definitions relating to Lots to the August 28, 2007 meeting.  Dave Hamann seconded.  Motion carried 3-0.

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

Dave Hamann asked Annette McNamara how many inspections she did on a land use permit.

Annette McNamara said three.

The Planning Commission discussed the difficulty measuring with undulating topography and other obstacles.  They would like to require a foundation survey if a structure is within 5 feet of a set back.

John Enos said he was going to look at language other communities’ use and did not get a chance to do that.

Phil Westmoreland said the requirement for a foundation survey could be made an internal administrative policy, instead of putting the language in the zoning ordinance.

Annette McNamara can put the requirement for a sealed survey as built of foundation in the land use permit package so the builders will know this upfront.

John Enos and Annette McNamara will work on this together.

Jean Root motioned to table Section 4.03 E to the September 25, 2007 meeting, with changes made by John Enos and submitted for the meeting.  Dave Hamann seconded.  Motion carried 3-0.

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

The Planning Commission members agreed to table this agenda item until Debra Wiedman-Clawson is present.

Jean Root motioned to table this agenda item to the August 28, 2007 meeting.  Dave Hamann seconded.  Motion carried 3-0.

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

The Planning Commission members agreed to table this agenda item until Debra Wiedman-Clawson is present.

Jean Root motioned to table this agenda item to the August 28, 2007 meeting.  Dave Hamann seconded.  Motion carried 3-0.

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

The Planning Commission members agreed to table this agenda item until Debra Wiedman-Clawson is present.

Jean Root motioned to table this agenda item to the August 28, 2007 meeting.  Dave Hamann seconded.  Motion carried 3-0.

Proposed Amendment – Section 3.02 Definition of Easement

John Lowe prefers to keep the definition of easement and definition of utility easement separate, not blended.

Jean Root motioned to hold a public hearing for Section 3.02 Definition of Easement on August 28, 2007 @ 7:15 p.m.  Dave Hamann seconded.  Motion carried 3-0.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Nuisance questions for Mike Kehoe

Jean Root asked the Planning Commission members if they were comfortable with Mike Kehoe’s response to the nuisance question.

The Planning Commission agreed to add this to the August 28, 2007 meeting agenda with the Board of Trustees response.

Parker High School Cell Tower

The Planning Commission members reviewed the site plan sent over by Rick Terres, Howell Public Schools, showing the new location of the cell tower.

Mr. Hanvey asked if they need a land use permit to erect the tower. 

John Enos answered no.  If other providers want to collocate on the tower, they will require a site plan review by the Planning Commission (under the current text) and a land use permit.

Everyone believes the text will be amended by that time and an administrative review by the Zoning Administrator will be the requirement, and a land use permit.

Jean Root motioned for Annette McNamara to draft a letter to Rick Terres, Howell Public Schools thanking him for his cooperation in relocating the cell tower.  If necessary, Annette McNamara will grant a land use permit for providers collocating on the tower.

Mr. Hanvey asked the Planning Commission members if the Parker High School property should be rezoned from Suburban Residential to Public Lands District.

The Planning Commission members will look into this.

Jack Lowe closed the call to the public.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 10:10 p.m.  Jean Root seconded.  Motion Carried 3-0.