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MARION TOWNSHIP PLANNING COMMISSION PUBLIC
HEARING September
27, 2005 7:15
p.m. CALL TO ORDER: APPROVAL OF AGENDA FOR:
September 27, 2005 Public Hearing INTRODUCTION OF MEMBERS: CALL TO THE PUBLIC:
Agenda Items Only – 3 minute limit APPROVAL OF MINUTES FROM: None OLD BUSINESS:
NEW BUSINESS:
CALL TO THE PUBLIC: ADJOURNMENT: DRAFT MINUTES PUBLIC
HEARINGS SEPTEMBER
27, 2005 7:15
P.M. MEMBERS PRESENT:
JEAN ROOT, SECRETARY
DAVE HAMANN
DEBRA WIEDMAN-CLAWSON ABSENT:
JOHN LOWE, CHAIRPERSON
JIM ANDERSON OTHERS PRESENT:
ROBERT W. HANVEY,
SUPERVISOR ANNETTE MCNAMARA, ZONING ADMINISTRATOR
PHIL WESTMORELAND, O, H & MCCLIMENT
JOHN ENOS, CARLISLE/WORTMAN ****************************************************************** CALL TO ORDER The meeting was called
to order at 7:21 p.m. APPROVAL OF
AGENDA Jean Root motioned to approve the agenda for September 27, 2005 Planning Commission Public Hearings. Debra Wiedman-Clawson seconded.
Motion Carried 3-0. INTRODUCTION OF
MEMBERS The Planning Commission members introduced themselves to the audience.
John Lowe and Jim Anderson are absent. CALL TO THE
PUBLIC APPROVAL OF
MINUTES None OLD BUSINESS Proposed Text
Amendment – Article XVIII Site Plan Review Requirements John Enos summarized the proposed text; a two step process is included in the amended text. Dave Hamann asked the Planning Commission members if they had any comments. No response. Agenda item to be placed on the October 25, 2005 agenda. NEW BUSINESS CALL TO THE
PUBLIC Jim Barnwell 127 S. Tompkins – asked if the preliminary process could be skipped if the
proposed site plan was in compliance. John Enos answered
yes. Dave Hamann closed the
call to the public. ADJOURNMENT Jean Root motioned to adjourn the meeting at 7:25 p.m. Debra Wiedman-Clawson seconded. Motion Carried 3-0.
REGULAR
MEETING September
27, 2005 7:30
p.m. CALL TO ORDER: APPROVAL OF AGENDA FOR:
September 27, 2005 Regular Meeting INTRODUCTION OF MEMBERS: CALL TO THE PUBLIC:
Agenda Items only – 3 minute limit APPROVAL OF MINUTES FROM:
August 23, 2005 Regular Meeting OLD BUSINESS: 1)
Spruce
Run Site Plan Review 2)
Section
6.20 A Pre-existing Non-Conforming Private Roads 3)
Section
6.20 B New Private Roads 4)
Land
Division Act Amendment 525 5)
Proposed
Text Amendment Standards for 6)
Proposed
Text Amendment Standards for 7)
Proposed
Text Amendment Standards for 8)
Proposed
Text Amendment – Section 3.02 – Definition of Cemetery 9)
Proposed
Text Amendment – Section 3.02 – Definition of 10)
Proposed Text Amendment Rural Residential Uses Permitted by Special Use
Permit 8.01 E 6 cemeteries,
crematories & mausoleums (remove crematories) 11)
Proposed
Text Amendment Suburban Residential - Uses
Permitted by Special Use Permit - 8.02 E 4 cemeteries,
crematories & mausoleums (remove crematories) NEW BUSINESS: 1)
Brian’s
Way Private Road Site Plan Review (South of 2)
Crematories
in Urban Residential, Highway Service or Light Industrial 3)
Planning
Commission budget discussion 4)
Set
date for a second monthly meeting 5)
City
of CALL TO THE PUBLIC: ADJOURNMENT: DRAFT MINUTES
MEMBERS PRESENT:
JOHN LOWE, CHAIRPERSON
DAVE HAMANN
JEAN ROOT, SECRETARY
DEBRA WIEDMAN-CLAWSON OTHERS PRESENT:
ROBERT W. HANVEY,
SUPERVISOR ANNETTE MCNAMARA, ZONING ADMINISTRATOR
PHIL WESTMORELAND, O, H & MT JOHN ENOS, CARLISLE/WORTMAN
****************************************************************** CALL TO ORDER The meeting was called
to order at 7:34 p.m. APPROVAL OF
AGENDA Jean Root motioned to table items #2 & #3, since it was discussed last night at the joint meeting. Jean Root asked the Commissioner if they would like further discussion about the emergency gate at Timber Bluff. They responded yes, this item will be placed under New Business. Debra Wiedman-Clawson
seconded. Motion Carried 4-0. INTRODUCTION OF
MEMBERS John Lowe, Jean Root, Dave Hamann and Debra Wiedman-Clawson were present.
Jim Anderson was absent APPROVAL OF
MINUTES Jean Root would like the motion for agenda item 6.20 A & 6.20 B to be amended to read; motion to be tabled until the joint meeting to be returned to the agenda
when requested. Debra Wiedman- motioned to approve the minutes for August 23, 2005 regular meeting. Dave Hamann seconded.
Motion Carried 4-0. CALL TO THE
PUBLIC John Lowe opened call to the public. No response. John Lowe closed the call to the public. OLD BUSINESS Land Division Act amendment 525 (amendments to General Ordinance
Subdivision Control & Land Division) John Enos summarized the changes to the General Ordinance - Subdivision Control Act, that allow for concurrent agency reviews and conceptual review of site plans. The document the commissioners are reviewing tonight need to have graphics include. Mike Kehoe has reviewed these changes and his comments were incorporated. He clarified because this is a general law ordinance the Board of Trustees will approved the proposed text. John Lowe clarified the 4:1 ration measurement, measure the front lot line and back lot line then average the two. He asked John Enos if we have met the state
requirements for changes and any deadlines. John Enos answered
yes. Jean Root asked Page 22 of 25, item H, “the system provided shall be turned over to the township for operation and maintenance”, and does this apply to private
treatment plants? John Enos will strike this language and discuss subdivision design standards with Phil
Westmoreland. Debra Wiedman-Clawson motioned to table agenda item #4 until regularly scheduled meeting.
Dave Hamann seconded. Motion
Carried 4-0. Proposed Text
Amendment - Section 17.27 John Enos summarized the changes to the text. Mike Kehoe has reviewed and commented, his
requested changes have been incorporated. Debra Wiedman-Clawson had questions regarding the hours of operation. Does this include the
indoor range? John Enos will change to outside hours and the Planning Commission can place restrictions on any site plan. He noted these standards do not apply to the Howell Gun Club, they are pre-existing non-conforming. He informed the Planning Commission if the minimum acreage requirements are 80 acres the buffering requirements reduce the amount of land to 37 acres. Mike Kehoe did not have a problem with that, he only wanted discussion by the
Planning Commission. Planning Commission members agreed to keep the 80 acre requirement with buffering. Jean Root question
item #7, decibels levels, can that be enforced? John Enos answered there will always be problems enforcement, there are too many variables. The 75 decibel number is something you always see in ordinances; this must be based on studies. Again, with new applications the Planning
Commission can adjust. Jean Root motioned to hold a public hearing on Section 17.27 on October 25, 2005 at 7:15 p.m.
Dave Hamann seconded. Motion
Carried 4-0. Proposed Text
Amendment - Section 17.16 - Standards for John Enos summarized
the changes to the text. The
State of requires 400 s.f. of play area, this text requires 3,000 s.f. It can stay at 3,000 or 100 s.f. per
child. The Commissioners
would like 100 s.f. per child. John Enos noted item #8, landscape buffering and fencing, Mike Kehoe has reviewed this and had
no problem with this text. Jean Root asked if the definition for Group Day Care needs to be amended along with these
changes. John Enos answered no. Jean Root motioned to hold a public hearing for Section 17.16 on October 23, 2005 at 7:25 p.m.
Dave Hamann seconded. Motion
Carried 4-0. Spruce Run Site
Plan Review Debra Wiedman-Clawson
will abstain from this agenda item. Jim Barnwell, Desine Inc. gave a presentation. They have addressed the outstanding items from
previous review letters. John Enos stated the site plan has been changed to address his previous concerns. He would like to have the Master Deed and By-Laws state for lots #26 & #27 no structures permitted in the greenbelt area. It is not an ordinance requirement, yet John Enos would like to see additional landscaping along the west side of the detention pond. John Enos would like to see individual plot plans to show limits of clearing and wetland limits. Jean Root asked if
these were addressed in John Enos latest review letter. John Enos answered yes, under recommendations. Carlisle/Wortman is recommending approval. John Lowe asked Phil Westmoreland if he will walk the site prior to land balancing. Phil Westmoreland answered yes. Phil Westmoreland summarized his review letter. Orchard, Hiltz and McCliment has no outstanding issues with the site plan. When the Livingston County Road Commission is satisfied with the alternatives for out letting of water from the site and the Livingston County Drain Commissioner is satisfied then Orchard, Hiltz and McCliment will
recommend approval. Jean Root noted that during preliminary review the Planning Commission asked that the walking
path be a more stable material than wood chips. Jim Barnwell stated this was not a requirement, only a discussion point. The zoning ordinance
does not have a requirement for material. The Planning
Commission asked John Enos if they can require this. John Enos answered if there are no specific requirements then no, yet the Commissioners can look
at making this part of the design standards. Mike Kehoe would like to review the Master Deed and By-Laws along with the site plan. At this time he does not have an approved site plan to review. The suggested motion regarding Maple Farms was reviewed by Mike Kehoe and he gave
approval. Jean Root motioned to recommend approval and send to the Board of Trustees, Spruce Run, Tax ID# 4710-04-200-051 under the following conditions; 1.
Carlisle/Wortman review
letter dated 9-16-05 2.
Orchard, Hiltz and McCliment
review letter dated 9-15-05 3.
Livingston County Drain
Commissioner review letter dated 8-29-05 4.
Livingston County Road
Commission review letter dated 8-29-05 5.
Howell Area Fire Authority
review letter dated 8-30-05 6.
Insert motion 7.
Planning Commission
recommends use of permanent material for the walkway, such as rock or stone.
This is no required however Planning Commission 8.
Mike Kehoe to review the
Master Deed and By-Laws, paying special attention to lots #26 & #27, no
building within landscape buffer area. Dave Hamann seconded.
Roll Call Jean Root-yes, Dave Hamann-yes, and Proposed Text
Amendment - Section 17.08 - Standards for Proposed Text
Amendment - Section 3.02 - Definitions - Child Care Centers commented. Mike Kehoe would like to see item #10 read “appropriate licenses from the
State of provided to the Township”, this has been added. Also added, no play areas in the setback
area. Jean Root noted the minimum acreage requirements, subsection B item #5, the Rural Residential (RR) requirements should be 2 acres. She would also like to see any reference to school removed from Section 17.08 and the definition of
child care center in Section 3.02. Jean Root asked the Planning Commission members if they should include agenda item #9 in this
discussion. They answered yes. Discussion ensued on provisions for schools in the zoning ordinance and avoiding exclusion.
Schools are permitted as a Special Use Permit in RR. Jean Root motioned to hold a public hearing for Section 17.08 to include Section 3.02 new definition of Child Care Center on October 25, 2005 @ 7:25 p.m. and recommendation that the Board of Trustees approve the connection of the private road from Spruce Run to the existing private road system in Maple Farms pursuant to the Planned Unit Development Agreement and prior Site plan Approval of Maple Farms. Furthermore the Board of Trustees is to approve the construction as proposed over the one foot easement dedicated to proposed improvements within Maple Farms are consistent with the approval granted to Maple Farms and therefore no additional review and/or approval is required. Dave
Hamann seconded. Motion
Carried 4-0. Proposed Text
Amendment - Section 3.02 - Definitions - Cemeteries Robert Hanvey noted cemeteries are not allowed in the Wellhead Protection Area. John Lowe asked John
Enos to check with the State of out if this is a
health issue. 8.01 E 6 and 8.02 E 4, the next two agenda items should be looked at in connection with this
definition. John Enos summarized the proposed text. There is no provision for a funeral parlor in the zoning ordinance; he is proposing adding this to the Highway Service, Light
Industrial or Urban Residential. John Enos will submit a definition for funeral parlor along with changes to Section 17.07. Jean Root motioned to hold a public hearing for Section 3.02 Cemetery definition on October 25, 2005 at 7:25 p.m. Dave Hamann seconded. Motion Carried 4-0.
Proposed Text Amendment - Rural Residential Uses Permitted by Special Use Permit - Section 8.01 E 6 cemeteries, crematories & mausoleums
(remove crematories) Proposed Text Amendment - Suburban Residential Uses Permitted by Special Use Permit - Section 8.02 E 4 cemeteries, crematories
& mausoleums (remove crematories) Jean Root motioned to table Sections 8.01 E 6 & 8.02 E 4 until Planning Commission requests placement on an agenda. Dave Hamann seconded. Motion Carried 4-0.
NEW BUSINESS Industrial
District(s) Dave Hamann motioned to table until John Enos submits changes for the Planning Commission members to review. Jean Root seconded. Motion Carried 4-0. Planning
Commission Budget discussion Robert Hanvey provided the Commissioners with a copy of Public Act 168 of 1959.
Discussion ensued on the accuracy of the budgets they were given to review and all agreed they needed more information. Will the Planning Commission Rules and Procedures need to be amendment as a result of this. Dave Hamann noted item #4 on page 6 will have to be amended when the Land Division
General Ordinance is updated. Dave Hamann motioned to appoint Debra Wiedman-Clawson to gather information as the budget planner. Jean Root seconded. Motion Carried 4-0. Set a date for a
second monthly meeting Jean Root motioned to set a workshop for Tuesday, October 11, 2005 at 7:30 p.m. Agenda items will be Section 6.20 A, Pre-Existing Non-Conforming Private Roads, 6.20 B, New Private Roads and Engineering Standards. Debra Wiedman-Clawson seconded. Motion Carried 4-0. City of John Enos summarized the proposed amendment. He will discuss with his associate at Carlisle/Wortman the possibility of using Chateau Estates as a mobile home park
designation for meeting with the City
of improvements. Timber Bluff Emergency Access Jean Root suggested no longer recommending shrubbery and recommending a break
away gate. Robert Hanvey will discuss this with the Howell Area Fire Authority on 9-28-05 and make a
decision. The Planning
Commission members are not opposed to a break away gate. CALL TO THE
PUBLIC No response. ADJOURNMENT Dave Hamann motioned to adjourn the meeting at 9:30 p.m. Debra Wiedman-Clawson
seconded. Motion Carried 4-0.
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