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MARION TOWNSHIP PLANNING COMMISSION DRAFT MINUTES July meeting held August 5, 2003
MEMBERS
PRESENT: Jim
Anderson, Dave Hamann, John Lowe, Jean Root MEMBERS ABSENT:
Debra Wiedman-Clawson OTHERS
PRESENT:
John Ambrose, Planning Consultant
Bob Hanvey, Township
Supervisor
Annette McNamara,
Zoning Administrator
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CALL TO ORDER
John
Lowe called the meeting to order at 7:32 p.m. It was suggested to amend the agenda to review the Carsleys request for a Special Use Permit first. Discussion regarding legal consultant. Review of July 7, 2003 Joint Meeting minutes. APPROVAL OF
AGENDA
Dave Hamann made a motion to amend the agenda as discussed. Jean Root seconded. Motion
carried 4-0. SPECIAL
USE PERMIT SITE PLAN REVIEW – MR. AND MRS. CARSLEY In summary, the Carsleys would like to build an indoor arena and attach it to the existing barn. The Special Use Permit for a Commercial Stable will be to board and train horses on their existing 18 ½ acres and would allow up to 20 horses. At the present time they have four horses with four stalls. The Livingston County Health Department (LCHD) has approved the use as long all buildings and manure holding
areas are 50 feet from their existing well. No
additional sinks, toilets or showers will be installed. John Lowe questioned when you have a commercial establishment and people are visiting on an all day basis, are restroom facilities required. John Ambrose stated no; the ordinance requires additional off-street
parking. application
for 2699 Cedar Lake Road. There
is no problem with the proposed size of the arena. John Ambrose pointed out in the Commercial Stable Ordinance “Performance Standards” requirements number 8 and 9 are contradictory. He suggested the ordinance be amended to delete item 9 and leave number
8. Section 6.12 E refers to
height restrictions for barns. After reviewing submitted supporting documentation for this proposal, John Ambrose recommended this Special
Use Permit for a Commercial Stable be granted subject to three conditions:
located no closer
than 200 feet from a property line. The
proposed structures are 161 feet from the property line.)
as per Section 14.04
of the Township’s Zoning Ordinance.
Section 17.28 of the
Township’s Zoning Ordinance and as listed in John Ambrose review letter
dated July 16, 2003. John Lowe questioned the Carsleys regarding how many people would be involved? Mrs. Carsley explained she will give individual pony lessons on an individual basis. There will not be large groups at the stable. The permit and acreage will allow
for 20 horses yet the Carsleys do not for see having that many horses. operation and Mrs. Carsley stated if she were to board horses, hours of operation would be 9 a.m. to 9 p.m. Jean Root asked
if the intention was to board and charge for that boarding. Mrs. Carsley
stated there would be a charge for feed. Jim Anderson asked how many acres are fenced in. The Carsleys stated three acres. The remaining 15 acres are open pasture.
If the applicant wants to fence in more area they will not need
approval from the Planning Commission.
John Lowe questioned incorporating LCHD requirements into the Commercial Stable Special Use Permit Ordinance. What would preclude future owners or another applicant from holding group training sessions? John
Ambrose stated conditions can be placed in the Special Use Permit: 1.
Have the
permit administratively recertify once a year. 2.
If problems
arise the applicant must come before the Planning Commission to rectify. John Ambrose suggested accepting the information received tonight and make a motion for a Public Hearing. At the regular meeting following the public hearing the conditions can be made as part of the motion.The Planning Commission will
make recommendation to the Zoning Board of Appeals.
The Carsleys will then apply for a variance from the ZBA. Jean Root made a motion to hold a Public Hearing for Majestic Oaks Stable Special Use Permit, Application #01-03, to be
held on August 26, 2003 at 7:15 p.m. Jim
Anderson seconded. Motion
carried 4-0. APPROVAL
OF MINUTES May
27, 2003 Regular Meeting.
The following revisions were suggested: - Page 2, second paragraph should read, “Concerns regarding access to the development from Rubbins Road. The proposed plan in showing a berm and landscaping along Rubbins Road to make sure there is no access and no physical way for people to make access with the subdivision Knolls of Grass Lake. Boss Engineering will perform perks with the Livingston County Health Department (LCHD). The property has been perked on a random basis and Boss is
comfortable with what was done, yet they are required to perk every lot on
an Open Space site plan.” -
Page 3,
second paragraph, “serving” should be serve in first sentence -
Page 3, fifth
paragraph, last sentence, add not - Page 5, Motion for Preliminary Site Plan, last sentence, “Please note page six of the parallel plan. It was explained that
was a note to township Board of Trustees to review and comment. Jean Root made a motion to approve the May 27, 2003 Regular Meeting Minutes as amended. Jim Anderson seconded. Motion
carried 4-0. June
24, 2003 Regular Meeting Jean Root made a motion to approve the Regular Meeting
minutes from June 24, 2003. Jim
Anderson seconded. Motion carried 4-0. John Lowe questioned John Ambrose regarding changes that have been made to the Open Space Preservation amendment since the Public Hearing was held. John Ambrose stated, Mike Kehoe, Township Attorney, indicated another Public Hearing would need to be held if there were changes to
language. Dave Hamann made a motion to approve the June 24, 2003 Public Hearing minutes for Section 6.29, Open Space Preservation. Jean
Root seconded. Motion
carried 4-0. June 24, 2003 Public Hearing – Section 6.19 B – Lots to
Have Access Jean Root made a motion to approve the Public Hearing minutes from June 24, 2003, 7:30 p.m., for Section 6.19 B – Lots to Have Access, as submitted.
Jim Anderson seconded. Motion
carried 4-0. June 24, 2003 Public Hearing – Howell Industrial Center.
L.L.C. – Proposed Rezoning Schonscheck, Inc. submitted new information and will be on the August 26, 2003 agenda. John Ambrose and Mike Kehoe will
review and comment on submittal. at 7:30 p.m. for the rezoning of Howell Industrial Center, L.L.C., as submitted. Dave Hamann seconded. Motion
carried 4-0. June
24, 2003 Public Hearing – Darakjian Properties – Proposed Rezoning Jean Root made a motion to approve the Public Hearing minutes from June 24, 2003, 7:58 p.m. for the rezoning of Darakjian
Properties as submitted. Jim Anderson seconded. Motion
carried 4-0. OLD
BUSINESS Proposed
Ordinance Amendments: Section 6.19 B – Lots to
Have Access Jean Root made a motion to send Section 6.19 B, Lots to Have Access, to the Township Board for their approval. Jim Anderson seconded. Motion
carried 4-0. Section 6.14 – Home Occupation Jean Root made a motion to table Section 6.14, Home Occupation, until the Planning Commission’s next regularly scheduled meeting. Jim Anderson
seconded. Motion carried 4-0. Section 3.02 – Definition of Lot Lines and Section
6.20 F This section was tabled at the last regular meeting. John Ambrose reviewed his letter dated May 17, 2003. The Planning Commission requested
additions be added. -
Revision for
#3 side lot line, public or private road needs to be added. -
Same was
true for item #4, Section 6.20 F item #4, – inclusion of public or private
road. Jean Root made a motion to hold the Public Hearing on September 23, 2003 at 7:15 p.m. for Section 3.02, Definition of Lot Lines, Item 3,
regarding side lot line and Section 6.20 F, Cul-de-sac for new item #4.
Dave Hamann seconded. Motion carried 4-0. Section 6.29 Open Space Preservation John Ambrose presented changes made per the July 7, 2003 Joint Meeting. The new language is in bold. New language gives the Planning Commission the final say on how many lots will be accepted according to the parallel plan. Jean Root asked if Mike Kehoe, Township Attorney recommendation from the Joint Meeting were incorporated? Discussion ensued. John Ambrose will make additional
changes and present at the August 26, 2003 meeting. Preservation,
until the next Planning Commission meeting on August 26, 2003. Jim Anderson seconded. Motion carried 4-0. Site Plan Checklist Discussion
for the Site Plan Application included: -
List
criteria out of the ordinance and add box for “yes” or “no”. -
Add criteria
for a “Special Use Permit” and attach to application. -
Jean Root
suggested doing this for all agencies in order to provide a tracking
mechanism detailing each stage. -
John Ambrose
suggested check boxes at bottom of application for Township use only to
track progress. John Lowe asked for John Ambrose’s opinion regarding Marion Township Site Plan application at this point. John Ambrose suggested combining Marion Township’s with Genoa’s and look at redesigning the application. John Ambrose will bring revised application to the next
meeting. John Lowe
will ask ZBA to discuss their process and forms. The Site Plan is the main
focus at this time. Dave Hamann
made a motion to table the Site Plan Checklist until the next meeting. Jim
Anderson seconded. Motion carried 4-0. CALL TO THE PUBLIC Ken Tyler 5029 Bentley Lake Road asked if the Planning Commission has worked on amending the private road ordinance. John Lowe
explained that it it will be addressed at a future meeting. Highland
Mobile Home Development Bob Hanvey distributed a letter from the LCHD denying preliminary approval. Bob Hanvey would like the Planning Commission to review the letter prior to approving Darakjian rezoning request. Dave Hamann asked if the Planning Commission
has approved the preliminary site plan.
Bob Hanvey replied yes, for 700 units. Township
Attorney Jean Root is concerned with consistency – not comfortable with learning from mistakes – we need to be aware and keep track if it
continues we need to address. Dave Hamann – Township Board has made a motion to have John Ambrose and Mike Kehoe work more closely – Township
Board is comfortable with that. John Lowe - attorney working at a disadvantage by not attending meetings – working closer with John Ambrose may help with this. John Ambrose
– questioned if clear information is getting to the attorney? Township
Engineer Bob Hanvey
reported he is waiting for more information before making a determination on
a new engineering firm. ADJOURNMENT
Dave
Hamann made a motion to adjourn at 10:40 p.m.
Jean Root seconded. Motion
carried
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