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MARION TOWNSHIP

PLANNING COMMISSION

PROPOSED AGENDA and DRAFT MINUTES

PUBLIC HEARING

September 25, 2007

 

CALL TO ORDER:

APPROVAL OF AGENDA FOR:   September 25, 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 –Definitions relating to lots

NEW BUSINESS:

CALL TO THE PUBLIC:

ADJOURNMENT:

                                  Public Hearing - Draft Minutes

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

DAVE HAMANN, CO-CHAIRPERSON

JEAN E. ROOT, SECRETARY

DEBRA WIEDMAN-CLAWSON

MEMBERS ABSENT:                   JAMES L. ANDERSON                                            

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 7:17 p.m.

APPROVAL OF AGENDA

Dave Hamann motioned to approve the September 25, 2007 public hearing agenda.  Jean Root  seconded.  Motion Carried 4-0. 

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  James L. Anderson was absent 

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Mr. Hanvey asked if the definition of lot on page 1 of 4 relates to plats only.

John Enos answered yes it is tied into the recorded plat.

Mr. Hanvey asked if the flag lot definition on page 2 of 4 applies to platted subdivisions only.

John Enos answered no, and the text will be corrected.

Mr. Hanvey asked about the definition of lot of record on page 3 of 4 and the words “under single ownership or control”, what does control mean.  Also, the words “effective date of this ordinance”

No one had an answer at this time.  John Enos agreed to contact Mike Kehoe to find the answer.

Jean Root noted the definitions were taken from the Subdivision Control Act in an attempt to be consistent.

Charles Musson asked if you can divide a lot in a platted subdivision.

John Enos answered yes.

Jean Root noted the Board of Trustees will have a chance to review the proposed language before the Livingston County Department of Planning makes their review and comment.

Jack Lowe closed the call to the public.

APPROVAL OF MINUTES

No minutes to approve.

OLD BUSINESS

Proposed Amendment –Definitions relating to lots

John Enos summarized the amendment.  It is to update the zoning ordinance and get closer to legally defensible.  These definitions apply to all land uses, metes and bounds, plats and site condominiums.

John Lowe opened the call to the public.

Comments were heard in the first call to the public.

John Lowe closed the call to the public.

John Lowe asked the Planning Commission members if they had any comments.

The Planning Commission members had no further comments.

NEW BUSINESS

No new business.

CALL TO THE PUBLIC

No response.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 7:40 p.m.  Jean Root seconded.  Motion Carried 4-0.

MARION TOWNSHIP

PLANNING COMMISSION

AGENDA

REGULAR MEETING

September 25, 2007

7:30 p.m.

 

CALL TO ORDER:  

APPROVAL OF AGENDA FOR:      September 25, 2007 Regular Meeting

INTRODUCTION OF MEMBERS:

CALL TO THE PUBLIC:               Agenda Items only – 3 minute limit

 

APPROVAL OF MINUTES FROM:    August 28, 2007 Public Hearing

                                                 August 28, 2007 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

2)     Proposed Amendment – Section 17.10 Wireless Communication Facilities

3)     Proposed Amendment – Section 3.02 Definition of Wireless Communication Facilities

4)     Proposed Amendment – Section 6.30 – Family/Accessory Apartment

5)     Proposed Amendment – Section 3.02 Definition of Family/Accessory Apartment

6)     Proposed Amendment – Article VII – Zoning Districts & Maps/Schedule of Regulations

7)     Proposed Amendment – Section 8.03 B#5 & D#15 & Section 17.29 – Two Family Dwelling

8)     Proposed Amendment – Section 3.02 Definition of Easement

9)     Proposed Amendment – Section 8.01 D 2 – Rural Residential Private Stables

10)Proposed Amendment – Section 8.02 D 1 – Suburban Residential Private Stables

11)Proposed Amendment – Section 3.02 Definition of Pens, Corrals & Pasture & Fence discussion

12)Proposed Amendment – Section 4.03 E – add final inspection to receive Certificate of Compliance

13)Proposed Amendment – Section 6.14 Home Occupations

NEW BUSINESS:

CALL TO THE PUBLIC:

ADJOURNMENT    

                Regular Meeting - Draft Minutes

 

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

DAVE HAMANN, CO-CHAIRPERSON

JEAN ROOT, SECRETARY

DEBRA WIEDMAN-CLAWSON                  

 

MEMBERS ABSENT:                   JAMES L. ANDERSON                                         

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 7:41 p.m.

APPROVAL OF AGENDA

Dave Hamann motioned to approve the September 25, 2007 regular meeting agenda.  Jean Root seconded.  Motion Carried 4-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  James L. Anderson was absent. 

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

August 28, 2007 Public Hearing minutes

Dave Hamann motioned to approve the August 28, 2007 public hearing minutes.  Debra Wiedman-Clawson seconded.  Motion Carried 4-0.

August 28, 2007 Regular Meeting minutes

Dave Hamann motioned to approve the August 28, 2007 regular meeting minutes. 

Debra Wiedman-Clawson seconded.  Motion Carried 4-0.

OLD BUSINESS

Lucy Road , LLC Site Plan Review

John Lowe asked John Enos to comment.

John Enos stated the application is for a contractor storage yard, there are a few design issues, yet he does not want to spend time on them.  During his initial analysis he commented on environmental performance standards and that contractor storage yard as defined in the Zoning Ordinance is singular, not plural.  He continued by paraphrasing a memo recommending denial that he wrote for the Planning Commission which he handed out to them tonight.  This parcel is located in the Wellhead Protection Overlay Zone.  Contractor Storage Yards are a use prohibited due to hazardous waste, thus he is recommending denial.  The Planning Commission can table this agenda item for further research.

Attorney for the applicant said the applicant was told his submittal was satisfactory.  He also wants to know if there are any other issues they need to address before coming back in front of the Planning Commission.

John Lowe commented it may be a mute point if they can’t get by the wellhead protection issue.

John Enos suggested making an application to the Zoning Board of Appeals for an interpretation of contractor storage yard, singular or plural.  The applicant’s attorney would need to discuss the wellhead protection issue with Mike Kehoe, Township Attorney.

Applicants Attorney asked if they get through the wellhead protection issue, can they get a laundry list and be placed on the October agenda.

John Enos answered yes.

Jean Root motioned to table the site plan for Lucy Road, LLC tax ID#4710-01-200-024, proposed contractor storage yard until the applicant request to be placed on an agenda.  Dave Hamann seconded.  Motion carried 4-0.

Proposed Amendment – Section 17.10 Wireless Communication Facilities

John Enos summarized the proposed amendments and feels they are reasonable and ready to go to the Board of Trustees for review and comment.

Jean Root asked if the Planning Commission can set a limit on how long an application can be put on hold.

John Enos said a deadline for no activity?  He will ask Mike Kehoe if a limit can be included in the text, say six months, on any site plan for that matter.

This would be placed in Article XVIII, Article XX, Article IV and Article III.  Debra Wiedman-Clawson and Annette McNamara will review Zoning Ordinance for placement.

Jean Root motioned to send Section 17.10 Wireless Communication Facilities dated 7-24-07 to the Board of Trustees for review and comment, and then back to the Planning Commission.  Debra Wiedman-Clawson seconded.  Motion carried 4-0.

Proposed Amendment – Section 3.02 Definition of Wireless Communication Facilities

John Enos noted the three definitions have additional detail.

Jean Root motioned to send Section 3.02 Wireless Communication Facilities definitions dated

7-24-07 to the Board of Trustees for review and comment, and then back to the Planning Commission.  Debra Wiedman-Clawson seconded.  Motion carried 4-0.

Proposed Amendment – Section 6.30 – Family/Accessory Apartment

John Enos noted this text allows for the retrofitting of a single family home for an additional residence for a family member.

Jean Root motioned to send Section 6.30 Family/Accessory Apartment dated 7-24-07 to the Board of Trustees for review and comment, and then back to the Planning Commission.  Debra Wiedman-Clawson seconded.  Motion carried 4-0.

Proposed Amendment – Section 3.02 Definition of Family/Accessory Apartment

Jean Root motioned to send Section 6.30 Family/Accessory Apartment dated 7-24-07 to the Board of Trustees for review and comment, and then back to the Planning Commission.  Dave Hamann seconded.  Motion carried 4-0.

Proposed Amendment – Article VII – Zoning Districts & Maps/Schedule of Regulations

John Enos noted these amendments were for house keeping purposes.

Jean Root motioned to send Article VII Zoning Districts & Maps dated 4-24-07 and the Schedule of Regulations dated 5-22-07 to the Board of Trustees for review and comment, then back to the Planning Commission.  Debra Wiedman-Clawson seconded.  Motion carried 4-0.

Proposed Amendment – Section 8.03 B#5 & D#15 & Section 17.29 – Two Family Dwelling

John Enos noted these amendments were suggested by Mike Kehoe, Township Attorney.  Changing Two Family Dwellings from a use permitted with a special use permit to a use permitted by right.

Jean Root motioned to send Section 8.03 B#5, D#15 and Section 17.29 dated 5-17-07 to the Board of Trustees for review and comment, then back to the Planning Commission.  Dave Hamann seconded.  Motion carried 4-0.

Proposed Amendment – Section 3.02 Definition of Easement

John Enos summarized the proposed amendment, separating the definition of an easement from a utility easement.

Jean Root motioned to send Section 3.02 definition of utility easement dated 7-24-07 to the Board of Trustees for review and comment, then back to the Planning Commission.  Dave Hamann seconded. 

Charles Musson, 333; Triangle Lake Road ; asked what legal right meant in the definition.

John Enos explained utility companies have the legal right to place their utilities within the easement.

Discussion ensued on Marion Township ability to enforce.  The Planning Commission members agreed to add recorded to the text.

Jean Root amended her previous motion to add recorded to the text and send Section 3.02 Utility Easement definition dated 7-24-07 to the Board of Trustees for review and comment, then back to the Planning Commission.  Debra Wiedman-Clawson seconded.  Motion carried 4-0.

Proposed Amendment – Section 8.01 D 2 – Rural Residential Private Stables

Proposed Amendment – Section 8.02 D 1 – Suburban Residential Private Stables

John Enos summarized the proposed text, private stables, the number of horses for the first 3 acres and one horse for each ½ acre not to exceed six.

Debra Wiedman-Clawson requested a not to exceed number of four horses in Suburban Residential.  The Planning Commission agreed.

Mrs. Larzelere, 891 Wright Road ; she has ten acres and five horses.  There is enough pasture on the ten acres to feed the horses.

Les Andersen requested a 10’ x 10’ stall for all horses.

Discussion ensued on the possibility of no limit in Rural Residential.

Les Andersen, 4500 Jewell Road ; said in his experience if you have more than six horses; some of the horses belong to someone else.

John Enos and Annette McNamara will work on the proposed amendments and bring them back to the Planning Commission.

Jean Root motioned to table Section 8.01 D2 and Section 8.02 D1 until October 23, 2007.  Dave Hamann seconded.  Motion carried 4-0.

Proposed Amendment – Section 3.02 Definition of Pens, Corrals & Pasture & Fence discussion

Jean Root motioned to table Section 3.02 Definition of Pens, Corrals & Pasture to be included in discussion on private stables.  Dave Hamann seconded.  Motion carried 4-0.

Proposed Amendment – Section 4.03 E – add final inspection to receive Certificate of Compliance

Mike Kehoe commented on the proposed text.  He would like “at the Zoning Administrators discretion” taken out of the text.  This is subjective and will be questions by land use permit applicants.  He would prefer a distance be agreed upon by the Planning Commission.

Annette McNamara has already amended the text to read “structures within 5’ of the required setback.”  The Planning Commission members agreed with Mike Kehoe and the amended text.

The Planning Commission members would like to see the language in 4.03 C #9 added to sub-section E.

Jean Root motioned to hold a public hearing for Section 4.03 C #9 and 4.03 E on November 27, 2007 at 7:15 p.m.  Dave Hamann seconded.   Motion carried 4-0.

Proposed Amendment – Section 6.14 Home Occupations

John Enos would like to review this text with Debra Wiedman-Clawson before discussing with the Planning Commission members.

Jean Root asked since no one has shown any interest in this proposed amendment can it be tabled and the Planning Commission can work on more pressing amendments.

Jean Root motioned to table Section 6.14 Home Occupations to the October 23, 2007 regular meeting.  Dave Hamann seconded.  Motion carried 4-0.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Jean Root reminded the Planning Commission members November is the month the Planning Commission holds their organizational meeting.  She would also like a memo drafted to the Board of Trustees asking them to prioritize amendments to the Zoning Ordinance.

John Enos informed the Planning Commission members of the state conference in October.  There will be workshop put on by Carlisle/Wortman’s Environmental Planner on Green Development.  He can have his associate come to Marion Township and give the same presentation to the Board of Trustees and Planning Commission.  John Enos introduced Laura Kreps from Carlisle/Wortman Associates, Inc.  Laura specializes in Agriculture and Open Space Development.

Charles Musson, 333 Triangle Lake Road ; informed the Planning Commission about a court case involving the Livingston County Drain Commissioners Office and Lake Shannon .

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 9:20 p.m.  Dave Hamann seconded.  Motion Carried 4-0.