|
|||
|
|
MARION TOWNSHIP AGENDA AND DRAFT MINUTES August 23, 2005 CALL
TO ORDER: MEMBERS
PRESENT: MEMBERS ABSENT: CALL TO THE PUBLIC: Agenda Items Only – 3 minute limit APPROVAL OF AGENDA: August 23, 2005 Regular Meeting APPROVAL OF MINUTES FOR:
June 28, 2005 Regular Meeting July 26, 2005 Regular Meeting OLD BUSINESS: 1)
Pinebrook Meadows Entrance
Signage Review 2)
3)
4)
Section 6.20 A
Pre-existing Non-Conforming Private Roads 5)
Section 6.20 B New
Private Roads 6)
Proposed Text Amendment
Article XVIII Site Plan Review Requirements 7)
Site Plan Review Application
& Checklist 8) Proposed Text Amendment Rural Residential Uses Permitted by Special Use Permit 8.01 E 17 Shooting ranges, including gun, rifle, skeet, trap, pistol and archery clubs (remove all except archery clubs) 9)
Proposed Text Amendment Rural
Residential – Site Development Requirements 8.01 F 6 & 7
10)Proposed
Text Amendment Suburban Residential–Site Development Requirements 8.02 F
6&7 11)Proposed
Text Amendment - Condominium Projects – 6.18 F 1 & G 12)Proposed
Text Amendment 6.19 B – Lots to have access 13)Proposed
Text Amendment 3.02 – Definition of Landscape Buffer 14)Land
Division Act Amendment 525 15)Proposed
Text Amendment Standards for Crematories &
Mausoleums 16)Proposed
Text Amendment Standards for (Rifle,
Skeet, Trap, Pistol and Archery) 17)Proposed
Text Amendment Standards for Homes 18)Proposed
Text Amendment Standards for 19)Proposed
Text Amendment – Section 3.02 – Definition of Cemetery 20)Proposed
Text Amendment – Section 3.02 – Definition of 21)Set date for a Joint Meeting NEW BUSINESS: None CALL
TO PUBLIC: ADJOURNMENT: MEMBERS PRESENT:
JOHN LOWE, CHAIRPERSON
DAVE HAMANN
JIM ANDERSON
JEAN ROOT, SECRETARY
DEBRA WIEDMAN-CLAWSON ABSENT:
NONE OTHERS PRESENT:
ROBERT W. HANVEY,
SUPERVISOR ANNETTE MCNAMARA, ZONING ADMINISTRATOR
VICTORIA MOELLMANN, ASSESSOR
PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT
JOHN ENOS, CARLISLE/WORTMAN
PAUL SERSIMA, CARLISLE/WORTMAN The meeting was called
to order at 7:30 p.m. APPROVAL OF
AGENDA Jean Root told the Planning Commissioners that Jim Barnwell, Desine, Inc., the representative for Bentley Ridge would be late, and asked that the agenda item be tabled until Jim Barnwell arrives. Jean Root also requested the proposed amendment to the Planning Commission Rules and Procedures and discussion on a second meeting a month for the Planning Commission, be placed under new business. Dave Hamann motioned to approve the August 23, 2005 Planning Commission agenda as amended.
Jim Anderson seconded. Motion
Carried 5-0. INTRODUCTION OF
MEMBERS All members were
present. CALL TO THE
PUBLIC John Lowe opened call
to the public. Ken Tyler, proposed text, Section
6.20 A, Pre Existing Non Conforming Private Roads. John Lowe closed the
call to the public. APPROVAL OF
MINUTES June 28, 2005
Regular Meeting Minutes Debra Wiedman-Clawson noted a typo and correct address for Jim Barnwell. Jean Root motioned to approve the June 28, 2005 Planning Commission minutes as amended. Debra Wiedman-Clawson
seconded. Motion Carried 5-0.
July 26, 2005
Regular Meeting Minutes Jean Root and Debra
Wiedman-Clawson abstained. Debra
Wiedman- date on page one. Dave Hamann motioned to approve the July 26, 2005 Planning Commission minutes as amended.
Jim Anderson seconded. Motion
Carried 3-0-2. OLD BUSINESS Pinebrook
Meadows Jim Lawrence, representative for Pinebrook Meadows, gave a presentation for the proposed entrance sign and provided the commissioners with a copy of the site plan, showing the entrance to the development and
where the sign would be placed. John Enos noted the sign can be no larger than 12 square feet and this sign exceeds that. He also noted it should be 15’ off of the road right-of-way. (r.o.w.) The Planning Commission members have the ability to
increase the size if they see fit. John Lowe asked about
the dimensions. Jim Lawrence answered;
the sign is 6’ off the ground. Jean Root asked about
lighting. Jim Lawrence said they
had thought about lighting from the ground, soft lighting. John Lowe told Jim Lawrence there have been problems in the past with neighbors complaining of glaring light. Discussion ensued about the square footage exceeding the requirements of the zoning ordinance and scaling back the
dimensions. Jim Lawrence agreed
to a sign no larger than 2’ X 6’. Jean Root motioned to approve the Pinebrook Meadows sign submittal with the following conditions.
Debra Wiedman-Clawson
seconded. Motion Carried 5-0.
Larry McCarthy, Kebs, Inc., representative for Marion Pines gave started the discussion on the 4:1 ratio. John Enos explained
the methods used to figure 4:1 ratios. done this by
averaging, if you use this method, then the lot in question does meet the
4:1 ratio. Larry McCarthy continued his presentation. The pedestrian path easement that was suggested is now shown on the plans. The hydrants were move per Howell Area Fire Authority recommendations. The comments made by the Livingston County Drain Commission have been addressed, an approval letter has been sent to the township. Michigan Department of Environmental Quality has sent the township a copy of the permit. Unit #13 will be a small site, yet still build able. There will be language in the condominium documents that will allow a deck to be built off of the lower level of the home, extending 15’ to 20’ into the wetland, as long as posts are the only means of support. No patios or permanent structures will be allowed. Larry McCarthy also explained that lot 24 will be part of the road maintenance agreement and the existing structure
will be grand fathered in. Discussion ensued on the remained lot to the east of the development. An application has been submitted to the Michigan Department of Environmental Quality, there has been no response. This metes and bounds parcel is not part of the Planning Commission review, the Michigan Department of Environmental Quality and Livingston County Road Commission would be the approving bodies. Michigan Department of Environmental Quality is requiring silt fencing and wetland protective fencing to be installed to keep the contractors form encroaching on the wetland and is temporary.
Vickie Moellmann, division would be
approved after site plan approval. John Enos had only one issue with the site plan. The caliper of the trees needs to be 2 ˝”, the site plan shows 2” trees. Other than that Carsile/Wortman is recommending final site plan approval. Phil Westmoreland summarized his review. He is comfortable with the building envelope for unit #13, it is tight,
yet they have the ability to fill in certain areas. Jean Root motioned to recommend approval to the Board of Trustees for Marion Pines Tax ID# 4710-03-100-062, site plan dated July 20, 2005, with the following conditions that all issues in the following
review letters met. 2.Orchard, Hiltz & McCliment review
letter dated August 16, 2005. 4.Livingston County Road Commission
review letter dated August 9, 2005. 5.Howell Area Fire Authority review
letter dated August 8, 2005. 6.Vickie Moellmann, Marion Township Deputy Assessor letter of recommendation dated August 23, 2005.
8.Livingston County Drain Commission
email dated August 15, 2005. 9.The 9th condition is the land division will be held until the Board of Trustees has approved the final site plan.Dave Hamann seconded. Roll Call. Jim Anderson - yes. Jean Root - yes. John Lowe - yes. Dave Hamann - yes. Debra Wiedman-Clawson - yes. Motion Carried 5-0. Debra Wiedman-Clawson
will abstain from discussion and voting on this agenda item. Jim Barnwell, Desine, Inc., representative for Bentley Ridge gave a presentation and discussed various county agency
reviews. John Enos summarized his review letter. He discussed the footnote in the ordinance that reads ‘on corner lots the side yard set back must meet the front yard set back’. He believes the intent is on a corner lot you would have one lot line that is the designated road frontage, and would meet the required front yard set back. The lot line along the second road would also have to meet the required front yard set back. It does not mean three front yard set back requirements. This site plan meets the intent
of the zoning ordinance. Carsile/Wortman
is recommending approval. Phil Westmoreland summarized his review letter. He has concerns on an existing parcel and wants to know where well and
septic are on the parcel. Jim Barnwell clarified
that parcel has been divided from the parcel being reviewed. Phil Westmoreland would like to see which parcel the transfer parcel is going to be attached to. Livingston County Drain Commission had questions on drain calculations, which are easily addressed. John Enos asked if the Planning Commission members wanted to review the private road maintenance agreement. The commissioners
thought this could be part of the Board of Trustees final approval. Jim Barnwell noted the Livingston County Drain Commission would like a drainage easement included with the
private road maintenance agreement. Jim Anderson asked if
parcel A1 and A2 are going to access from the private road. Jim Barnwell answered A1, A2, B1 and B2 will all access from the private road and the private road maintenance
agreement will prohibit access from Discussion ensued on
the time frame for the access from the greenbelt to be completed. There were questions about green belting around the development. Dave Hamann questioned how that would be enforced; this development does not have a master deed and by-laws. He noted that this is a private road review and the zoning ordinance does not require green belting per Section 6.20. If this is something the Planning Commission members would like included,
it can be inserted into the proposed Section 6.20 B New Private Roads. Jean Root motioned to send to the Board of Trustees for final approval, Bentley Ridge, private road development, Tax ID#’s 4710-28-200-018, 4710-28-200-005 & 4710-28-200-016, with the following conditions.
All issues in the following review letters met.
2.Orchard, Hiltz & McCliment review
letter dated August 16, 2005. 3.Mike Kehoe review letter dated August 15, 2005 to include a follow up to his review of the private road maintenance agreement, to include language regarding storm water and retention easements. Language to be added to the private road maintenance agreement; any land
divisions off of have access only to the interior of
those roads. August 19, 2005. 5. Livingston County Drain Commission review letter dated August 8, 2005 and email dated August
10, 2005. 7.Land division of parcel A1 upon
completion of access to those interior to the development and the completion of the greenbelt along Jim Anderson seconded. Roll Call. Jim Anderson - yes. Jean Root - yes. John Lowe - yes. Dave Hamann - yes.
Debra Wiedman-Clawson
- abstained. Motion passesd 4-0-1. Proposed Text
Amendment - Section 6.20 A New Private Roads John Enos summarized his submittal to the Planning Commission. What the commissioners have before them is text to clarify the intent of the section. The highlighting and
strikethroughs have been removed. John Lowe asked if
Mike Kehoe has seen this copy and if he approves? John Enos answered
yes. John Lowe asked what will happen if a owner wants to divide his ten acres and the existing adjacent owners do no want to sign or participate in the private road maintenance agreement. In this text there is language that states if the road falls into disrepair then the township will upgrade the road and assess every resident on the road. They end up paying when they did not want to participate. He would like Mike Kehoe to
review this scenario. Dave Hamann would like to know how review of private roads, like the review of land division, drainage and landscaping, will be incorporated into the proposed text for Section 6.20 A and Section 6.20 B. We want to represent in the zoning ordinance what we are imposing on the applicants. of this meeting.
Debra Wiedman-Clawson seconded. Motion
Carried 5-0. Proposed Text
Amendment - Section 6.20 B New Private Roads Jean Root motioned to table until the joint meeting to be scheduled before the end of this meeting.
Debra Wiedman-Clawson seconded. Motion
Carried 5-0. Proposed Text
Amendment - Article XVIII Site Plan Review Jean Root motioned to schedule a public hearing for September 26, 2005 at 7:15 p.m. Debra Wiedman-Clawson
seconded. Motion Carried 5-0.
Requirements
& Site Plan Review Application & Checklist Jean Root tabled until Article XVIII is revised and accepted by the Planning Commission. Jim Anderson seconded.
Motion Carried 5-0. Section 8.01 E 17 Shooting ranges, including gun, rifle, skeet, trap, pistol and archery clubs John Enos told the Planning Commission members that he spoke with Mike Kehoe. Mike Kehoe thinks this would be exclusionary and there should be no action taken. He and Mike Kehoe suggest the Planning Commission work on more stringent requirements for Section 17.27 seconded.
Motion Carried 5-0. Development
Requirements John Enos summarized the history of this and the next four amendments. The recommended changes were made and
he suggests these go to the Board of Trustees. Jean Root would like to send the next five amendments to the Board of Trustees for their approval. She realizes the Livingston County Department of Planning did not recommend approval, yet feels they did not understand how the Planning Commission members decided on this proposed text. Debra Wiedman-Clawson motioned to send to the Board of Trustees for review and approval/denial.
Jim Anderson seconded. Motion
Carried 5-0. Proposed Text Amendment - Section 8.02 F 6 & 7 - Suburban Residential - Site Development
Requirements Debra Wiedman-Clawson motioned to send to the Board of Trustees for review and approval/ denial.
Jim Anderson seconded. Motion
Carried 5-0. Proposed Text
Amendment - Section 6.18 F 1 & G - Condominium Projects Debra Wiedman-Clawson motioned to send to the Board of Trustees for review and approval/ denial.
Jean Root seconded. Motion
Carried 5-0. Proposed Text
Amendment - Section 6.19 B - Access Controls Debra Wiedman-Clawson motioned to send to the Board of Trustees for review and approval/ denial.
Jean Root seconded. Motion
Carried 5-0. Proposed Text
Amendment - Section 3.02 - Definitions - Landscape Buffers Debra Wiedman-Clawson motioned to send to the Board of Trustees for review and approval/ denial.
Jim Anderson seconded. Motion
Carried 5-0. Land Division
Amendment 525 John Enos is working on the proposed amendments to General Ordinances that include, Marion Township Subdivision Control Ordinance and Marion Township Land Division Ordinance.
He is waiting for ordinances. For the time being Carsile/Wortman staff has scanned the hard copy and is using that to make
changes. Debra Wiedman-Clawson asked if these should be done in sections or just change what needs to
be done to comply with the state? after private roads
are complete. Debra Wiedman-Clawson motioned to table until John Enos submits state required changes. Jean Root seconded.
Motion Carried 5-0. Proposed Text
Amendment - Section 17.07 - Standards for Cemeteries,
Crematories & Mausoleums Discussion ensued on which zoning district would be appropriate for a crematory. The Planning Commission members agreed to add this as discussion under new business on the September 26, 2005. They feel it would be more appropriate in Urban Residential or Highway Service. Jean Root motioned to send to the Board of Trustees for removal of crematories from the heading and item A #1; remove crematories and the word permit. Dave Hamann seconded. Motion Carried 5-0.
Proposed Text
Amendment - Section 17.27 Pistol and
Archery John Enos will work
with Mike Kehoe to tighten up the requirements of this section. Dave Hamann motioned to table pending Mike Kehoe review and John Enos subsequent submittal.
Debra Wiedman-Clawson seconded. Motion
Carried 5-0. Proposed Text
Amendment - Section 17.16 - Standards for Group Day Care
Homes Debra Wiedman-Clawson has concerns with the square footage requirements in the proposed text.
This should be left up to the Family Independence Agency. John Enos will look into this and bring something back to the next Planning Commission meeting. Proposed Text
Amendment - Section 17.08 - Standards for Child Care
Centers John Enos summarized the proposed text. Ingress/egress, buffering and parking requirements were
discussed. Dave Hamann motioned to table pending Mike Kehoe review and John Enos subsequent submittal.
Jim Anderson seconded. Motion
Carried 5-0. Proposed Text
Amendment - Section 3.02 - Definitions - Cemeteries No action taken. Debra Wiedman-Clawson motioned to table pending Mike Kehoe review and John Enos subsequent submittal.
Jim Anderson seconded. Motion
Carried 5-0. Proposed Text
Amendment - Section 3.02 - Definitions - Child Care Centers Dave Hamann motioned to set a public hearing for September 26, 2005 at 7:20 p.m. Debra Wiedman-Clawson
seconded. text amendments to be
done at one time. Enos subsequent
submittal. Debra Wiedman-Clawson
seconded. Motion Carried 5-0.
Joint Meeting Jean Root motioned to request a joint meeting with the Board of Trustees, Zoning Board of Appeals and Planning
Commission on Monday, September 25, 2005 @ 7:15 p.m. NEW BUSINESS Planning
Commission Rules and Procedures The Board of Trustees has request a monthly report from the Secretary of the Planning Commission. The rules and procedures calls for a yearly report. All Planning Commission members agreed to
amend item number eight on page six to reflect these changes. Dave Hamann motioned to amend the Planning Commission Rules and Procedures. Jim Anderson seconded.
Motion Carried 5-0. Planning
Commission second monthly meeting Discussion on whether a scheduled meeting or a workshop would be the way to go. If it is a workshop, a date will be chosen at the previous meeting and only text amendments will be placed on the agenda.
Debra Wiedman-Clawson
is in favor of a scheduled meeting where site plans can be reviewed. Robert W. Hanvey noted to the Planning Commission members this will be an added expense to the budget and the
Board of Trustees should be made aware of a second meeting. Jean Root motioned to have Dave Hamann take the proposal of a second meeting a month to the Board of Trustees.
Debra Wiedman-Clawson seconded. Motion
Carried 5-0. CALL TO THE
PUBLIC John Enos reminded the Planning Commission members of the state planners conference at Mackinaw
implementing a
conditional zoning ordinance. ADJOURNMENT Dave Hamann motioned to adjourn the meeting at 10:20 p.m. Jean Root seconded. Motion Carried 5-0.
|
||
