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PLANNING COMMISSION AGENDA REGULAR MEETING August 26, 2008 7:30 p.m. CALL TO
ORDER: APPROVAL
OF AGENDA FOR: August 26, 2008
Regular Meeting INTRODUCTION
OF MEMBERS: CALL TO
THE PUBLIC: Agenda Items only
– 3 minute limit APPROVAL
OF MINUTES FROM: July
26, 2008 Regular
Meeting OLD
BUSINESS: 1)
Lucy
Road, LLC Site Plan Review – located in the Highway Service District on
the west side of Lucy Road – Tax ID# 4710-01-200-024 – Proposed Use;
Contractor Storage Yard 6)
Public
Act 33 – Consolidation of Planning Acts NEW
BUSINESS: 1)
Schedule Public Hearing for Proposed Text Amendments a.
Section 3.02 amend definition of Hospital b.
Section
6.08 c.
Section
8.02 E add #14 Hospitals d.
Section
17.17 Hospitals CALL
TO THE PUBLIC: ADJOURNMENT: MEMBERS PRESENT:
JOHN LOWE, CHAIRPERSON DAVE HAMANN, CO-CHAIRPERSON JEAN ROOT, SECRETARY JAMES L. ANDERSON DEBRA WIEDMAN-CLAWSON MEMBERS ABSENT:
NONE
OTHERS PRESENT:
ANNETTE
MCNAMARA, ZONING ADMINISTRATOR
JOHN ENOS, CARLISLE/WORTMAN
PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT
ROBERT W. HANVEY, SUPERVISOR LES ANDERSEN, TRUSTEE ****************************************************************** CALL TO ORDER John Lowe called the meeting to order at 7:30 p.m. APPROVAL OF AGENDA Jean Root asked to place discussion regarding the letter
from Dave Hamann motioned to approve the August 26, 2008 regular
meeting agenda as amended. James
L. Anderson seconded. Motion Carried 5-0. INTRODUCTION OF MEMBERS The members of the Planning Commission introduced
themselves. 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 July
22, 2008 Regular Meeting minutes Dave Hamann motioned to approve the July 22, 2008 regular
meeting minutes. Jean Root
seconded. Motion
Carried 5-0. OLD BUSINESS Lucy
Road, LLC Site Plan Review – located in the Highway Service District on
the west side of Lucy Road – Tax ID# 4710-01-200-024 – Proposed Use;
Contractor Storage Yard David
Bittner, Attorney told the Planning Commission the Marion Township Zoning
Board of Appeals approved three of the five variances requested and the
remaining two were dropped. The
applicant has submitted a revised site plan with the information requested
by the Planning Commission at the July 22, 2008 meeting. John
Enos said the applicant did provide the necessary information on the site
plan and he is recommending preliminary approval.
He felt that the elevations and existing vegetation on the west and
south side of the site provide sufficient buffering and meets the spirit and
intent of the zoning ordinance. John
Lowe told the Planning Commission that he has met with the Hansen’s on
site to discuss the proposed buffering.
They discussed keeping the existing fence and adding 2’ of lattice
on top. The cement pad to the
west of the Hansen’s property line is dangerous.
He would like to see this removed and the soil leveled, then
remaining fence panels will be installed.
Further west the north property line abuts the Promenade Mall
property. The property slope
upward and there is no need for buffering.
He asked Jeff Hansen if this was acceptable to him.
Jeff Hansen agreed. John
Lowe asked the Planning Commission member if there were any other thoughts
on the north property line. Vern
Brockway stated he will add a drive along the north property line to move
storage away from the property line. Jean
Root asked who would be responsible for maintenance of the fence. David
Bittner said it would be Mr. Hansen unless he provides and easement for
maintenance. Debra
Wiedman-Clawson said it would be ill advised to reduce the landscape buffer,
in the future change may occur that would require landscaping to buffer the
site. She felt the Zoning Board
of Appeals was in violation of the zoning ordinance. John
Lowe said that he discussed the Zoning Board of Appeals case with the
township attorney and he would have told him if it was not appropriate. Vern
Brockway told the Planning Commission he would be opposed to a wooden fence
along the east property line along John
Enos noted that 10 trees along the east property line would work a mix of
evergreen and deciduous. He
asked that the applicant submit a revised plan showing this. Jean
Root is concerned with the variance on the buffering.
The Zoning Board of Appeals motioned that the variance will be void
if a building is placed on the site. In
twenty years if someone decides to put up a building and none of us are
around how will the then staff know the variance is voided? There
was no answer for this question. Phil
Westmoreland told the Planning Commission he has reviewed the plan and has
only one issue. He would like to
see the detention basin resized to accommodate the additional 9/10ths of an
acre going to the basin. Vern
Brockway said the Livingston County Drain Commissioners Office would like an
overflow pipe. Phil
Westmoreland said he would prefer a swale, the water will move easier and
slower. Jean
Root motioned to recommend approval of the preliminary site plan dated
August 18, 2008, Tax ID 1)
Include the
August 11, 2008 Zoning Board of Appeals minutes 2)
Carlisle/Wortman
Associates, Inc. review letter dated August 19, 2008 3)
Orchard,
Hiltz & McCliment, Inc. review letter dated August 20, 2008 4)
Install the
landscaping and include on the site plan 5)
Remove and
replace the chain link fence along east property line/Lucy Road 6)
Add 2’ of
lattice to the Hansen’s existing wooden fence up to the iron property line
marker (applicants’ responsibility) 7)
Remove the
concrete pad and level to natural grade (applicants’ responsibility) 8)
Install
remaining wooden fence panels (applicants’ responsibility) 9)
Minimize
parking along the north property line 10)
Add a 25’
landscape buffer on the site plan along the Promenade Mall property line 11)
Remove the
dead trees along the east property line and replace with trees per the
landscaping plan James
L. Anderson seconded. Roll
Call; Jean Root-yes, James L. Anderson-yes, John Lowe-yes, Dave Hamann-yes,
Debra Wiedman-Clawson-no. Motion
Carried 4-1. Proposed
General Ordinance – Stormwater Ordinance w/maintenance agreement Section
6.17 Infrastructure and Concurrency Standards The
Planning Commission reviewed the text and had the following suggestions. 1)
Send the
text to Mike Kehoe, Township Attorney and ask him to review Section 8 on
page 2 of 5. Jean
Root motioned to table the Stormwater General Ordinance and maintenance
agreement to the September 23, 2008 meeting.
James L. Anderson seconded. Motion
carried 5-0. Section
6.17 Infrastructure and Concurrency Standards The
Planning Commission members reviewed the document and asked Phil
Westmoreland to comment on item #4. Phil
Westmoreland said that it makes sense and he would like it to remain in the
text. Jean
Root motioned to send Section 6.17 Infrastructure and Concurrency Standards
to the Board of Trustees for preliminary review and comment then return to
the Planning Commission. Dave
Hamann seconded. Motion
carried 5-0. Proposed Text Amendment Article XV Signs John Enos told the Planning
Commission that this will take some time to walk through.
He suggested a committee be formed to work on the language then bring
it to the Planning Commission. John Enos, Annette McNamara
and Debra Wiedman-Clawson will meet and work on the text. Jean Root motioned to table
Article XV Signs until the committee requests placement on an agenda.
James L. Anderson seconded. Motion
carried 5-0. Proposed
Amendment – Section 00.00 Wind Energy Conversion Systems The
Planning Commission members agreed to set this aside until the State of Jean Root
motioned to table this agenda item until further notice.
Dave Hamann seconded. Motion
carried 5-0. Public
Act 33 John
Enos told the Planning Commission that this act will have two changes the
Planning Commission needs to address, Livingston County Department of
Planning notification of text amendments and Capitol Improvement Plans.
The Planning Commission will have to review the Planning Commission
Rules and Procedures for possible amendments. John
Enos would like to discuss the Capitol Improvement Plan requirement with
Mike Kehoe and he will contact the Livingston County Road Commission to get
ideas. He will bring specific
changes to the regular October meeting. Jean
Root motioned to table this agenda item to the October 28, 2008 meeting.
Dave Hamann seconded. Motion
carried 5-0. NEW
BUSINESS: Proposed
Text Amendments - Section 3.02 amend definition of Hospital, Section 6.08 The
Planning Commission discussed the proposed text amendments and would like
the following changes. 2)
Section 3.02
definition of Hospital; add campus complex to the first line 3)
Section
17.17 B #2 delete 25% and add 35% 4)
Section
17.17 B #5 add primary to the beginning of the sentence 5)
Section
17.17 C #1 delete five fee and add six feet 6)
Section
17.17 E delete in its entirety Jean
Root motioned to schedule a public hearing for Section 3.02 amend definition
of Hospital, Section 6.08 One Building to a Lot, Section 8.02 E add #14
Hospitals, Section 17.17 Hospitals at 7:15 p.m. on September 23, 2008.
James L. Anderson seconded. Motion
carried 5-0. Jean Root informed the
audience that the Planning Commission asked the representative to keep
everyone involved, including the residents and this letter is doing just
that. CALL TO THE PUBLIC John Lowe opened the call to the public. Charles Musson, John Lowe closed the call to the public. ADJOURNMENT Jean Root motioned to adjourn the meeting at 9:40 p.m.
James L. Anderson seconded. Motion
Carried 5-0.
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