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PUBLIC
HEARING August
28, 2007 AGENDA
and DRAFT MINUTES CALL TO ORDER: APPROVAL OF AGENDA FOR:
August 28, 2007 Public Hearing INTRODUCTION OF MEMBERS: CALL TO THE PUBLIC:
Agenda Items only 3 minute limit APPROVAL OF MINUTES FROM:
None OLD BUSINESS: 1)
Proposed
Amendment Section 17.10 Wireless Communication Facilities 2)
Proposed
Amendment Section 3.02 Definition of Wireless Communication Facilities 3)
Proposed
Amendment Section 3.02 Definition of Family/Accessory Apartment 4)
Proposed
Amendment Article VII Zoning Districts & Maps/Schedule of
Regulations 5)
Proposed
Amendment Section 8.03 B#5 & D#15 & Section 17.29 Two Family
Dwelling 6)
Proposed
Amendment Section 6.31 Family/Accessory Apartment 7)
Proposed
Amendment Section 3.02 Definition of Easement NEW BUSINESS:
CALL TO THE PUBLIC: ADJOURNMENT: REGULAR
MEETING CALL TO ORDER: APPROVAL OF AGENDA FOR:
August 28, 2007 Regular Meeting INTRODUCTION OF MEMBERS: CALL TO THE PUBLIC:
Agenda Items only 3 minute limit APPROVAL OF MINUTES FROM:
July
24, 2007 Regular
Meeting OLD BUSINESS: 1)
Proposed
Amendment Review of Definitions relating to lots 2)
Proposed Amendment
Section 8.01 D 2 Rural Residential Private Stables 3)
Proposed Amendment
Section 8.02 D 1 Suburban Residential Private Stables 4)
Proposed
Amendment Section 3.02 Definition of Pens, Corrals & Pasture &
Fence discussion 5)
Review
Board of Trustees response definition of Nuisance Section 3.02 NEW 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 2)
Marion
Pines Court/Terry Way Private Road Review located on the south side of
Mason Road Tax ID# 4710-04-200-013 3025 Mason Road CALL TO THE PUBLIC: ADJOURNMENT: PUBLIC HEARING - DRAFT MINUTES AUGUST 28, 2007 MEMBERS PRESENT:
JOHN LOWE, CHAIRPERSON DAVE HAMANN, CO-CHAIRPERSON JEAN E. ROOT, SECRETARY JAMES L. ANDERSON DEBRA WIEDMAN-CLAWSON MEMBERS ABSENT:
NONE
OTHERS PRESENT:
ANNETTE
MCNAMARA, ZONING ADMINISTRATOR
JOHN ENOS, CARLISLE/WORTMAN
ROBERT W. HANVEY, SUPERVISOR
LES ANDERSON, TRUSTEE
****************************************************************** CALL TO ORDER Jack Lowe called the meeting to order at 7:20 p.m. APPROVAL OF AGENDA Jean Root asked to have the agenda items arranged so
the definitions are discussed with the corresponding Sections.
Jean Root motioned to approve the August 28, 2007 public hearing
agenda as amended. Dave Hamann
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. Jack Lowe closed the call to
the public. APPROVAL OF MINUTES No minutes to approve. OLD
BUSINESS Proposed
Amendment Section 17.10 Wireless Communication Facilities John
Enos summarized the amendments. The
setback requirements were increased along with the distance between towers.
Collocations will be approved administratively. Jack
Lowe asked John Enos to summarize the amendments. John
Lowe opened the call to the public. Steve
Merline 91 Cranbrook; asked if the questions regarding the T-Mobile
application had been answered. John
Enos responded; the applicant cannot be denied due to lack of information
submitted if applicant is aware of what information John
Lowe closed the call to the public. John
Lowe asked the Planning Commission members if they had any comments. Jean
Root asked to have the dates on the definitions updated. James
L. Anderson asked if T-Mobile would have to meet the requirements of the new
language. John
Enos answered; yes, they do not have a vested right until construction
starts. If they return they will
have to follow the new language. Jean
Root motioned to place this on the September 25, 2007 regular meeting
agenda. James L. Anderson
seconded. Motion
carried 5-0. Proposed
Amendment Section 3.02 Definition of Wireless Communication Facilities John
Lowe opened the call to the public. No
response. John
Lowe closed the call to the public. John
Lowe asked the Planning Commission members if they had any comments. There
was no response. Jean
Root motioned to place this on the September 25, 2007 regular meeting
agenda. James L. Anderson
seconded. Motion
carried 5-0. Proposed
Amendment Article VII Zoning Districts & Maps/Schedule of
Regulations John
Lowe opened the call to the public. No
response. John
Lowe closed the call to the public. John
Lowe asked the Planning Commission members if they had any comments. There
was no response. Jean
Root motioned to place this on the September 25, 2007 regular meeting
agenda. Debra Wiedman-Clawson
seconded. Motion carried 5-0. Proposed
Amendment Section 8.03 B#5 & D#15 & Section 17.29 Two Family
Dwelling John
Lowe asked John Enos to summarize the changes. John
Enos said this use was taken out of the special use category and will be a
use permitted by right. John
Lowe opened the call to the public. No
response. John
Lowe closed the call to the public. John
Lowe asked the Planning Commission members if they had any comments. There
was no response. Jean
Root motioned to place this on the September 25, 2007 regular meeting
agenda. James L. Anderson
seconded. Motion
carried 5-0. Proposed
Amendment Section 6.30 Family/Accessory Apartment John
Lowe asked John Enos to summarize the changes. John
Enos commended the Planning Commission on this language; he believes we are
the first in the county to adopt this type of zoning ordinance. John
Lowe opened the call to the public. No
response. John
Lowe closed the call to the public. John
Lowe asked the Planning Commission members if they had any comments. Jean
Root asked to have the section number changed to Section 6.31. Jean
Root motioned to place this on the September 25, 2007 regular meeting
agenda. James L. Anderson
seconded. Motion
carried 5-0. Proposed
Amendment Section 3.02 Definition of Family/Accessory Apartment John
Lowe opened the call to the public. No
response. John
Lowe closed the call to the public. John
Lowe asked the Planning Commission members if they had any comments. There
was no response. Jean
Root motioned to place this on the September 25, 2007 regular meeting
agenda. Dave Hamann seconded.
Motion carried 5-0. Proposed
Amendment Section 3.02 Definition of Easement John
Lowe asked John Enos to summarize the changes. John
Enos said this is to clarify a easement verses a utility easement. John
Lowe opened the call to the public. No
response. John
Lowe closed the call to the public. John
Lowe asked the Planning Commission members if they had any comments. There
was no response. Jean
Root motioned to place this on the September 25, 2007 regular meeting
agenda. James L. Anderson
seconded. Motion
carried 5-0. NEW BUSINESS No new business. CALL TO THE PUBLIC No response. ADJOURNMENT Dave Hamann motioned to adjourn the meeting at 7:37
p.m. James L. Anderson seconded.
Motion Carried 5-0. REGULAR MEETING AUGUST 28,
2007 DRAFT
MINUTES MEMBERS PRESENT:
JOHN LOWE, CHAIRPERSON DAVE HAMANN, CO-CHAIRPERSON JEAN ROOT, SECRETARY JAMES A. ANDERSON DEBRA WIEDMAN-CLAWSON
MEMBERS ABSENT:
NONE
OTHERS PRESENT:
ANNETTE
MCNAMARA, ZONING ADMINISTRATOR
JOHN ENOS, CARLISLE/WORTMAN
ROBERT W. HANVEY, SUPERVISOR
LES ANDERSEN, TRUSTEE ***************************************************************** CALL TO ORDER John Lowe called the meeting to order at 7:38 p.m. APPROVAL OF AGENDA Annette McNamara asked to have new business discussed first
to accommodate the applicants that are here for site plan review and the
nuisance discussion to accommodate Mr. McClure. Jean
Root motioned to approve the August 28, 2007 regular meeting agenda as
amended. Dave Hamann 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
24, 2007 Regular Meeting minutes Debra Wiedman-Clawson asked to have Chris Grzemkowiczs
last name corrected to read Grzenkowicz.
Dave Hamann motioned to approve the July 24, 2007 regular meeting
minutes as amended. Jean Root
seconded. Motion
Carried
3-0. Debra Wiedman-Clawson
and James L. Anderson abstained. NEW BUSINESS John Lowe informed the applicant this can not be reviewed by
the Planning Commission tonight due to lack of information.
Phil Westmoreland, Orchard, Hiltz & McCliment, Inc. has reviewed
the revised plan and there was not enough time to include the revised plan
along with the review and comment in the Planning Commissioners packages. Jean Root motioned to table the site plan for Mark
Hiller, Debra
Wiedman-Clawson asked if the house on lot #4 is connected to a well and
septic system. Mark
Hiller answered no. He then
addressed Orchard, Hiltz & McCliment, Inc. review and comment letter.
There is substantial screening along John
Lowe asked about overflow from a 17 drop. Mark
Hiller answered they will piggyback overflow to outlet pipe; the soil type
is prone to erosion. John
Lowe asked the applicant to have the site perked before they come for final
review and amend the plans accordingly. Debra
Wiedman-Clawson asked to have the remainder of the shared driveway
abandoned. John
Lowe is concerned with revisions to the detention basin and overall site
plan; he wants to make sure the Livingston County Road Commission and
Livingston County Drain Commissioners Office are satisfied and the Planning
Commission wants to see the with an easement agreement for the drainage
district. 1)
Carlisle/Wortman
Associates, Inc. review letter dated 8-16-07 2)
Orchard,
Hiltz & McCliment, Inc. review letter dated 8-20-07 3)
Livingston
County Road Commission review letter dated 8-10-07 4)
Howell Area
Fire Authority review letter dated 8-16-07 5)
Applicant
agrees to abandon shared driveway 6)
Clarify
detention easement & provide paperwork at final review Debra Wiedman-Clawson seconded.
Roll Call; Jean Root yes; Dave
Hamann yes; John Lowe yes; James L. Anderson yes; Debra Wiedman-Clawson yes.
Motion Carried 5-0. Review
Board of Trustees response definition of Nuisance Section 3.02 John
Lowe read memo from the Board of Trustees and asked John Enos if he had any
comments. John
Enos said nuisance ordinances are not successful in rural communities.
A motocross track that is a commercial use or if they are using the
track after dark are issues that can be addressed. Les
Andersen is willing to mediate along with Mr. Hanvey if Mr. McClure
continues to have problems. Mr.
McClure said thing have been better. Kelly
Hansen, John
Enos answered Mr. Lover is running a commercial operation and that is
different. Discussion
ensued. Mr. McClure thanked the
Planning Commission members and the Proposed
Amendment Review of Definitions relating to lots John
Lowe asked John Enos to summarize the amendments. John
Enos said these definitions are an attempt to tie the Land Division General
Ordinance and Zoning Ordinance definitions together. Jean
Root motioned to hold a public hearing on September 25, 2007 @ 7:15 for
Section 3.02 Definition of Lots. Dave
Hamann seconded. Motion carried 5-0. Proposed
Amendment Section 8.01 D 2 Rural Residential Private Stables Proposed
Amendment Section 8.02 D 1 Suburban Residential Private Stables Proposed
Amendment Section 3.02 Definition of Pens, Corrals & Pasture &
Fence discussion John
Enos informed the Planning Commissioners the language submitted is for
discussion purposes, the number of horses allowed in Suburban Residential
will be limited to six. Debra
Wiedman-Clawson noted in Suburban Residential there are a limited number of
lots with enough acreage to accommodate six horses.
She would like to see a limit of four. John
Lowe wants the set back from the lot line increased from 35, the
Livingston County Health Departments requires more than 75 from a house. Planning
Commission wants to know why there is a limit on the number of horses if the
property owner has the acreage. Discussion
ensued and the Planning Commission members agreed to three acres for the
first horse and then go by the animal units per acre in the Rural
Residential District. Annette
McNamara and John Enos will research the Dave
Hamann motioned to table this agenda item to the September 25, 2007 meeting.
James L. Anderson seconded. Motion
carried 5-0. CALL TO THE PUBLIC John Lowe opened the call to the public. Chestnut
Lawsuit Mr. Hanvey gave the Planning Commission an update on
the Chestnut Lawsuit. Premier
Farms Annette McNamara told the Planning Commissioners that
Mark Janeck will come to Jack Lowe closed the call to
the public. ADJOURNMENT Dave Hamann motioned to adjourn the meeting at 9:40
p.m. Jean Root seconded.
Motion Carried 5-0. |
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