MEMBERS PRESENT:   JOHN LOWE, CHAIRPERSON

                                    JEAN ROOT, SECRETARY

                                    JIM ANDERSON

                                    DAVE HAMANN

                                    DEBRA WIEDMAN-CLAWSON

OTHERS PRESENT:     ROBERT W. HANVEY, SUPERVISOR

                                    PHIL WESTMORELAND, TOWNSHIP ENGINEER

                                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

******************************************************************

CALL TO ORDER

The meeting was called to order at 7:45

APPROVAL OF AGENDA

John Lowe presented the agenda. Dave Hamann moved to approve the agenda as presented. Debra Weidman-Clawson

supported the motion and it was unanimously carried.  The Board introduced themselves to the public. 

CALL TO THE PUBLIC

John Lowe made a Call to the Public. There was no response.

APPROVAL OF MINUTES

There was no previous meeting minutes

OLD BUSINESS

Mr. Lowe presented the proposed text amendments for discussion as follows: 

Section 13.03 C – Common Open Space

An amendment to Article 12, “Planned Unit Development District section 13.03c” entitled “Common Open Space” shall have

a new paragraph added which shall read as follows: “All open spaces proposed as part of the planned unit development

shall be part of the article that is being proposed for the planned unit development and under no circumstances shall be

considered as part of the planned unit development that is not contiguous to the development.” John Lowe made a Call to

the Public. There was no response. Mr. Lowe asked if any of the Board members had any comments on the proposed

paragraph. There was no response. 

Section 8.02 Suburban Residential Intent

Mr. Lowe explained that in the Suburban District there was one instance left in the ordinance that showed that 1-acre is

required. What the Board did is change it to .75 acre to be in alignment with the rest of the ordinance. John Lowe made a

Call to the Public. There was no response. Mr. Lowe asked if any of the Board members had any comments on the proposed

paragraph. There was no response. 

Section 19.02 Non Conforming Lots 

There was no discussion regarding this proposed text amendment. 

Section 17.24 Private Recreational Facilities

Mr. Lowe stated that the “Private Recreational Facilities” listed Rural Residential and Urban Residential and omitted

Suburban Residential. The Board inserted Suburban Residential so that all districts are listed. John Lowe made a Call to the

Public. There was no response. Mr. Lowe asked if any of the Board members had any comments on the proposed paragraph

There was no response.

ADJOURNMENT

Mr. Hamann moved to adjourn the meeting at 8:15 p.m. Mr. Anderson supported the motion.  Motion carried 5-0.

                                    REGULAR MEETING

                              August 24, 2004 @ 8:15 P.M.

MEMBERS PRESENT:  JOHN LOWE, CHAIRPERSON

                                    JEAN ROOT, SECRETARY

                                    JIM ANDERSON

                                    DAVE HAMANN

                                    DEBRA WIEDMAN-CLAWSON

OTHERS PRESENT:    ROBERT W. HANVEY, SUPERVISOR

                                   PHIL WESTMORELAND, TOWNSHIP ENGINEER

                                   ANNETTE MCNAMARA, ZONING ADMINISTRATOR

******************************************************************

CALL TO ORDER

The meeting was called to order at 8:15 p.m.

APPROVAL OF AGENDA

John Lowe presented the agenda. Jim Anderson moved to approve the agenda as presented.

Jean Root supported the motion. Motion carried 5-0.

The Board introduced themselves to the public.

CALL TO THE PUBLIC

John Lowe made a Call to the Public.  There was no response.

APPROVAL OF MINUTES

Mr. Lowe presented the minutes of July 27, 2004 . Jean Root moved to approve the minutes as

presented. Dave Hamann supported the motion. Motion carried 5-0.

Mr. Lowe presented the amended minutes of June 22, 2004 . Jean Root moved to approve the

minutes as presented. Jim Anderson supported the motion. Motion carried 5-0.

OLD BUSINESS

Jesse Drive

Dan Depner stated that he was representing Ray Ward in the matter of Jesse Dr . He stated that this

matter had previously been before the board at a meeting back in May in which comments from the

 township engineer and several variance requests were discussed. There were four variances that

were requested, the first being the length of the private road, a tight radius in the rear of the

project, a 25 foot buffer along the southern boundary line, and the last being a variance to the lot

width for parcel 5; the required frontage is 150 and the requested variance would be about 96 feet.

 At the May meeting it was suggested that the issues go to ZBA. These issues were placed on the

agenda for the July ZBA meeting. A few days before the meeting Boss Eng. received a letter from

the township attorney, Mr. Kehoe. He stated that this issue should be tabled from the ZBA and

brought back to the Planning Commission because of improper wording for the recommendation

for the variances from the Planning Commission to the ZBA. At that time it was decided to

resubmit the plans with changes to address all of comments from the Planning Commission from

the May meeting as well as all of the comments from the township engineer.  Mr. Depner stated

that all of the comments have been addressed and has received an approval letter from OHM.

There is also a previous approval letter from the Township Planner, John Ambrose.  Approval has

also been granted from the Livingston County Road Commission as well as MDEQ. Mr. Depner

stated that what he would like to accomplish is to clear up the wording on the variances so this

issue can go back to the ZBA.  He would also like to get final site approval contingent upon the

ZBA granting the requested variances.  Mr. Depner asked if anyone had any questions. 

Mr. Lowe wanted clarify exactly what the board is supposed to be looking at.  Mr. Lowe stated that

the Planning Commissions role should be to review the road construction standards and road

geometric variances that are being requested as it related to Section 5.05 C and make a

recommendation to the ZBA. Specifically on the four issued presented.

Mr. Westmoreland stated the variance requests were weighed against the ordinance; the main

issue is the tight radius.  He submitted a drawing done with “auto turn” how to get that through

there and we have 10 to 11 feet of pull off distance however that does cross the centerline of the

road and heads into oncoming traffic. The minimum distance we have is 10 feet; it entails paving

the shoulders and widening out a little bit so that we still have that distance. He stated that the

goal is to minimize the instances where you cross the centerline for turning movements because

it is a safety issue. In this case it is a low speed road so if it is acceptable to the board this can work

 by widening it out and putting up appropriate signage and making sure there is clear sight distance

 on the inside of the curve. Mr. Westmoreland stated that he talked to MDEQ and they stated that

they had issued a wetland permit based on what has been seen up until now. Mr. Westmoreland

stated that he spoke with Tom Kohloff of MDEQ and he stated that should the planning commission

 feel that having that tight of a turn is not adequate he is willing to entertain them coming back for

an amendment on the permit and allowing more wetland mitigation.  This is an option considering

the opinion that they will not get the 250-foot radius without causing significant impact to the

wetland. Mr. Westmoreland stated that he quickly did a drawing with a 100 foot radius would look

like however it would render that lot un-buildable however it would not have an impact on the

wetland.  Mr. Lowe asked if the 100-foot radius would eliminate the oncoming traffic concern. 

Mr. Westmoreland was unsure if it would eliminate it but knew that it would reduce it. There still

may be some shoulder widening to accomplish it. It would reduce the amount of encroachment

onto oncoming traffic. This does have an impact on the developer as far as loosing that lot but

would not impact the wetlands. Otherwise all of the other issues were addressed in the resubmitted.

We still want to see construction plans to get some of the details ironed out. The wetland mitigation

 is on the plans now. The septic for the existing house was on another lot but will be moved.

Mr. Lowe suggested that the Board go down the list of proposed variances and address one at a

time. The board discussed the procedure in which they were going to address the variances.

Mr. Lowe listed the requested variance as the proposed road length, construction standards, and the

green belt and lot frontage. Ms. Root stated that on their application, 6.20g, is the proposed road

length, 6.20b is the construction standards, 8.01f 2a is road frontage and 6.13b1 is the buffering.

Mr. Lowe asked if this was correct. The Board concurred. Mr. Lowe started with 6.20g, is the

proposed road length.  Ms. Root read from the ordinance “Private road with only one connection

to a county road or state highway or another approved private road meeting the requirements of

the Ordinance shall not be longer than 2000 feet.” The proposed road is 2384. Ms. Root read from

section 5.05c1 of the ordinance. There was some question as to what action the board should be

considering. Mr. Depner interpreted the township engineer’s letter to the Board as, the Board

should review the responses to the criteria set forth in 5.05c and offer a recommendation to the

ZBA. There was further discussion as to what action the board should be considering.

Ms. Wiedman-Clawson stated from the attorney’s letter that under section 6.20b that the ZBA is

not to grant a variance from these construction standards or road geometrics unless the Planning

Commission has reviewed and provided a recommendation on the variance request. This issue is

the only issue that the Board has to make a recommendation on.

Mr. Lowe stated that the Planning Commission should look at factors in section 5.05c that the

ZBA has to consider in regards to the particular variance request from these construction standards

or road geometric that have been written being requested from the applicant. Mr. Lowe’s

interpretation is that the board should look at 5.05c and give the ZBA information that they can

use when they are looking at 5.05c. Mr. Lowe stated that the Board should go down the list and

address all of the issues in order. Ms. Root stated that the proposed length increase is approximately

 10%.  Mr. Lowe asked if the residents on the West side of the site would have access to this road. 

Mr. Ward replied that they would. There will be a total of 4 driveways on that side of the site.

These lots are included in the number of the lots that will be using the road.

The Board expressed concerns regarding other private drives intersecting this proposed road in the

future.  Mr. Lowe suggested that a condition of granting the variance to the length that the number

of lots not exceed 22. Mr. Lowe asked that after considering the information given, what the Boards

thoughts on this variance. The Board again expressed concerns regarding other private drives

intersecting this proposed road in the future. Mr. Depner stated that he did not believe there would

be any further development in that area in the future due to the wetlands in the area.

Ms. Root moved to recommend to the ZBA approval to the variance for section 6.20g to allow the

length from 2000 feet to 2384 with the following stipulations: 1. The amount of lots not exceed 22

 on the private drive know as Jesse Dr. 2. To be included in the deed restrictions that no additional

parcel splits or lots shall be created after station 20 on Jesse Dr. Mr. Anderson supported the

motion. Motion carried 5-0.

Mr. Lowe stated that the next item to take action on is 6.20bg.  Mr. Westmoreland suggested that

 the township engineer work with Boss Eng. And the MDEQ all work together to come up with a

plan that would address the townships concerns as well as be acceptable to MDEQ and the

developer. Hopefully this can be accomplished by the next meeting.

Ms. Root moved to send Jesse be sent to the ZBA for review of section 8.01f 2a and at this time the

 Planning Commission has no position regarding this issue. Ms. Wiedman-Clawson supported the

motion. Motion carried 5-0.

Ms. Root moved to send Jesse to the ZBA for review of section 6.24 and at this time the Planning

Commission has no position regarding this issue. Mr. Anderson supported the motion.

Motion carried 5-0.

Planning Commission Rules and Procedures of 1996

Planning Commission Rules and Procedures of 1996 were discussed. Ms. Root suggested that the

order of the agenda. Under the order of business, the introduction should be in conjunction with

the approval. The township attorney suggested that the Planning Commission specify from the

meetings in which a quorum is present, the majority of the quorum can make a decision. Three

members constitute a quorum. For action on any resolution three affirmative votes of the Planning

Commission is required. Mr. Hamann moved to send the changes to the township attorney for

review. Ms. Wiedman-Clawson supported the motion. Motion carried 5-0.

Ms. Wiedman-Clawson moved to accept the cancellation of a rezoning request 4-03 for the Family

Golf project. Mr. Anderson supported the motion. Motion carried 5-0.

The Board discussed the proposed woodland preservation ordinance. Mr. Lowe asked

Mr. Westmoreland if he could draft a preliminary ordinance for the Board to review.

NEW BUSINESS

Proposed Woodland Ordinance

Phil Westmoreland, Township Engineer will draft language

Comprehensive Planning Meeting

The date for the next meeting was set for the Comprehensive Planning Meeting and a Public Hearing

 for September 17, 2004 at 7:30 p.m.

CALL TO THE PUBLIC

Mr. Lowe made a call to the public. There was no response.

ADJOURNMENT

Ms. Root moved to adjourn the meeting at 10:30 p.m. Ms. Wiedman-Clawson supported the motion.

Motion carried 5-0.