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MARION TOWNSHIP

PLANNING COMMISSION

AGENDA and DRAFT MINUTES  

October 23, 2007  

 

CALL TO ORDER:

APPROVAL OF AGENDA FOR:        October 23, 2007 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:     September 25, 2007 Public Hearing

                                                    September 25, 2007 Regular Meeting                                                              

OLD BUSINESS:

1)     Musson Hills South – Final Preliminary Plat Review – Tax ID# 4710-23-200-001 - Section 23 – South of East Davis Road and East of D-19

2)     Marion Pines Court Private Road Final Review – located on the south side of Mason Road – Tax ID # 4710-04-200-013 – 3025 Mason Road

3)     Proposed Amendment –Definitions relating to lots

4)     Proposed Amendment – Section 8.04 E #3 – ERS Yard Set Back Requirements

5)     Proposed Amendment – Section 3.02 Figure 3-9 ERS Rear Yard Requirements diagram

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

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

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

9)     Proposed Amendment – Section 6.14 Home Occupations

NEW BUSINESS:  

1) Proposed Amendment - Section 3.02 - Definition of Contractor Storage Yard

CALL TO THE PUBLIC:

ADJOURNMENT:

                                     DRAFT MINUTES     

       

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

DAVE HAMANN, CO-CHAIRPERSON

JEAN ROOT, SECRETARY

DEBRA WIEDMAN-CLAWSON

JAMES L. ANDERSON                                                                      

 

MEMBERS ABSENT:                  NONE

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN ENOS, CARLISLE/WORTMAN

                                                LES ANDERSEN, TRUSTEE

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

CALL TO ORDER

John Lowe called the meeting to order at 7:30 p.m.

APPROVAL OF AGENDA

Lucy Road , LLC was removed from the agenda.  Discussion on Wind Turbines and Floodplain management/Federal Emergency Management Agency (FEMA) were added to the agenda along with setting a date for a joint meeting with the City of Howell Planning Commission .  Jean Root motioned to approve the October 23, 2007 regular meeting agenda as amended.  Dave Hamann seconded.  Motion Carried 5-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  All were present.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Les Andersen would like to reserve time at the last call to the public to discuss land conservancy.

John Lowe closed the call to the public.

APPROVAL OF MINUTES

September 25, 2007 Public Hearing minutes

Jean Root motioned to approve the September 25, 2007 public hearing minutes.  Dave Hamann seconded.  Motion Carried 4-0.  James L. Anderson abstained.

September 25, 2007 Regular Meeting minutes

Jean Root motioned to approve the August 28, 2007 regular meeting minutes.  Dave Hamann seconded.  Motion Carried 4-0.  James L. Anderson abstained.

OLD BUSINESS

Musson Hills South – Final Preliminary Plat

Jim Barnwell, Desine Inc, presented the Musson Hills South Final Preliminary Platted Subdivision.  There will be thirty lots and the roads will be public, the Livingston County Drain Commissioners Office (LCDC) has given final preliminary approval and the Livingston County Department of Public Health (LCDPH) has given approval subject to review of the deed/plat restrictions.  There is a wetland on the south west side of the site.  There will be two detention basins discharging into the drain.

Jim Barnwell addressed the township planner’s comments.

1)      A sidewalk easement will be along Pinckney Road and shall be located in the road R.O.W.

2)      The park is labeled per the requirements of the plat act, it is not for recreation, and it is exclusively for detention and not encouraging access.

3)      Musson Hills South has received a variance from the Planning Commission to the street light requirement.

4)      The 15' set back indicated on lots #28, 29 & 25 will be increased to 25'.

5)      Landscaping along Pinckney road will consists of trees every thirty feet with shrubs in between.

Jim Barnwell addressed the township engineer’s comments.

1)      The photo of the site with information is included in the documents.

2)      Property lines have been corrected.

3)      The regulated wetland on lot 18 will be noted.

4)      With the large lots and existing topography, Desine thinks it not practicable to grade the entire site so the water flows north to the detention basin, Jim Barnwell noted the ridgeline and the lots on the south side of the site.  The runoff from these lots flow south un-detained, the LCDC has approved this.

Jim Barnwell completed his presentation and asked if there were any questions.

John Enos noted it is a good project and design, he appreciates Jim Barnwell’s' input and the easement for the sidewalk.  Carlisle/Wortman is recommending approval with conditions.

Phil Westmoreland stated he is concerned with the water from the site that is not being detained.  There is a substantial potion of impervious surface and the residents from Lake in the Pines may complain the wetlands behind their homes are higher than before.  This plan increases the volume of water running to the south.

Jim Barnwell said there are quite a few square miles of wetland the site is draining into.

Phil Westmoreland said the township can waive this requirement yet he thinks a detention basin can be placed at the bottom of the hill.

Discussion ensued on the drainage.  The LDCD has an easement along the drainage area and have approved the plan; they are taking on the responsibility.

James L. Anderson questioned evergreen plantings along Pinckney Road , the slope in that area is steep, and also will the entrance sign be lit.

Jim Barnwell answered the steep slope will not have evergreen planting.  They did not plan on lighting for the entrance sign.

John Lowe asked the Planning Commission members if they approved of the proposed drainage plan.

Jean Root asked if there could be a back up plan if problems arise.  She asked if the detention area on the plan is labeled park what prevents the residents from using it as a park. 

Further discussion took place regarding the drainage.  The Planning Commission members agreed to accept the plan as is and direct any complaints to the LCDC.  The Planning Commission members would like to see the sign lit yet because this is a platted subdivision without a home owners association they are not sure who would pay the bill.  John Enos will look into this and provide the Board of Trustees with a memo on how to pay for lighting in a platted subdivision.  Jean Root question was answered; the potential buyers will be made aware of the park/detention area in the paperwork they received during the purchase.

Jean Root motioned to recommend final approval of the preliminary plat for Musson Hills South Tax ID# 4710-23-200-001 and send to the Board of Trustees with the following letters;

1)      Livingston County Road Commission letter dated 7-5-07

2)      Mike Kehoe letter dated 8-2-07

3)      Howell Area Fire Authority (HAFA) letter dated 9-19-07

4)      Carlisle/Wortman Associates, Inc. letter dated 10-3-07

5)      Orchard, Hiltz & McCliment, Inc. letter dated 10-3-07 noting item #4

6)      Retain the ability to install a sidewalk along Pinckney Road

7)      Project will not have street light due to variance granted by the Planning Commission

Dave Hamann seconded.  Roll Call; James L. Anderson-yes, Jean Root-yes, Dave Hamann-yes, John Lowe-yes, Motion Carried 4-0.  Debra Wiedman-Clawson abstained.

Marion Pines Court Private Road Final Review – located on the south side of Mason Road – Tax ID # 4710-04-200-013 – 3025 Mason Road

Mark Hiller, Livingston Engineering presented the site plan.  Marion Pines Court will be a gravel private road on the south side of Mason Road .  There will be five lots ranging from 3 to 12 acres.  The sites will be served by individual well and septic, the LCDPH has approved the perks.  The detention basin has been moved south, modifications made and the Livingston County Road Commission (LCRC) has approved.  The existing house will access via the private road.

John Enos summarized his review letter, they have addressed Carlisle/Wortman Associates, Inc. concerns and with the exception of the engineering and Private Road Maintenance Agreement (PRMA) they are recommending approval.

John Lowe is concerned with the easement to parcel #5, in relationship to parcels 3 & 4.  He would like to see language included in the PRMA that the upkeep of the easement to parcel 5 is the responsibility of the owner of parcel #5, also that parcels 3 & 4 cannot access off of this easement.

The Planning Commission members would like the seven white pines on the berm to be replaced with fir and spruce; they want the storm water easement to include the berm area.

Phil Westmoreland summarized his review letter, mostly housekeeping issues.  Show the well and septic placement on the lots, review of land use permits for parcels 2 & 3 does the lot drain to the Mason Road ditch or the wetland to the east, and show basement elevations for lots #2, 3 and 5.

The Planning Commission members reviewed Mike Kehoe’s review of the PRMA.  There was discussion on the existing barn on lot #4.  The developer can post a bond for removal of the barn when the principal structure is built or the future buyers can deep the barn.

Jean Root motioned to recommend final approval for Marion Pines Court Private Road, tax ID# 4710-04-200-013 and 4710-03-100-064, subject to the following conditions.

1)      LCRC letter dated 8-10-07

2)      HAFA letter dated 8-16-07

3)      Carlisle/Wortman Associates, Inc. letter dated 10-8-07

4)      Orchard, Hiltz & McCliment, Inc. letter dated 10-11-07

5)      Landscape plan amended to replace white pines with fir and spruce

6)      Amend the storm water easement to include the berm

7)      Mike Kehoe letter dated 10-12-07 except #14 - developer will remove the barn or post a bond until the principal structure is built.

Dave Hamann seconded.  Roll Call; James L. Anderson yes, Jean Root yes, John Lowe yes, Dave Hamann yes, Debra Wiedman-Clawson-yes.  Motion Carried 5-0.

Proposed Amendment –Definitions relating to lots

Jean Root motioned to table this agenda item until the November 27, 2007 meeting.  James L. Anderson seconded.  Motion Carried 5-0.

Proposed Amendment – Section 8.04 E #3 – ERS Yard Set Back Requirements

John Enos told the Planning Commission members this language along with the diagram was to clarify the buildable area in the rear yard on a lake lot.  The Livingston County Department of Planning (LCDP) returned the amendment stating the diagram #3-9 should have a definition to go along with it.  John Enos does not this is necessary.  He has included a note within the rear yard set back on the diagram, he has discussed this with Annette McNamara and she agrees.  John Enos thinks the proposed amendments should be adopted as is.

James L. Anderson asked what happens if their principal building is built on the rear yard set back line.

John Enos said any accessory structure would then be built in a side yard.

Jean Root motioned to send Section 8.04 E #3 to the Board of Trustees for review per tonight's discussion.  Dave Hamann seconded.  Motion Carried 5-0.

Proposed Amendment – Section 3.02 Figure 3-9 ERS Rear Yard Requirements diagram

Jean Root motioned to send Section 3.02 figure 3-9 to the Board of Trustees for review with the corrections discussed.  James L. Anderson seconded.  Motion Carried 5-0.

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

John Enos summarized the proposed amendment

Les Andersen expressed his concern of no limit on the number of horses on a large parcel and he would like to see one stall for every horse.

The Planning Commission members agreed to limit the number of horses to fifteen in Rural Residential and a requirement of one stall for every two horses.

Jean Root motioned to hold a public hearing for Section 8.01 D 2, Rural Residential Private Stables on 11-27-07 @ 7:15 p.m.  Debra Wiedman-Clawson seconded.  Motion Carried 5-0.

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

The Planning Commission members would like to amend the text to require one stall for every two horses and limit the number of horses in Suburban Residential to four.

Jean Root motioned to hold a public hearing for Section 8.02 D 1, Suburban Residential Private Stables on 11-27-07 @ 7:15 p.m.  Debra Wiedman-Clawson seconded.  Motion Carried 5-0.

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

The Planning Commission members agreed to amend pasture to read "Enclosed ground vegetated area for pasturing or exercising animals."

Jean Root motioned to hold a public hearing for Section 3.02 definition of Pens, Corrals and Pastures on 11-27-07 @ 7:15 p.m.  Dave Hamann seconded.  Jean Root amended the motion to include Private or Commercial Stable Fencing.  Dave Hamann seconded the amended motion.  Motion Carried 5-0.

Proposed Amendment – Section 6.14 Home Occupations

John Enos is not prepared to discuss this tonight, he needs more time.

Jean Root motioned to table Section 6.14 Home Occupation to the November 27, 2007 meeting.  Dave Hamann seconded.  Motion Carried 5-0.

Proposed Amendment – Section 3.02 - Definition of Contractor Storage Yard

John Enos summarized the proposed amendment.

Frank Lover, Bradford Circle , would a contractor be allowed to sell a piece of equipment periodically?  And how come lighting is not allowed.

John Lowe answered yes, if it was an occasional sale.  The lighting requirement could be reviewed during the site plan review.

Mark Hiller, 8455 Lamb Road , why is there a restriction on the number of contractors using the site.

John Enos answered that type of situation is ripe for abuse.  You get multiple contractors using the site and they are not aware of the conditions placed on the site plan.  This can cause problems.

Jean Root motioned to hold a public hearing for Section 3.02 definitions of Contractor Storage Yard on 11-27-07 @ 7:15 p.m.  Debra Wiedman-Clawson seconded.  Motion Carried 5-0.

NEW BUSINESS

Wind Turbines

James L. Anderson would like to see text in the Zoning Ordinance regulating wind turbines.  These are farms and they are noisy, these farms are going up in the thumb area and the west coast of Michigan .

John Enos just wrote language for Manchester Township and found out that the State of Michigan is in the top fifteen of windy states in the United States .  He can provide a copy for the November 27, 2007 meeting.

FLOODPLAINS/FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

John Lowe informed the Planning Commission members that the Board of Trustees is looking at joining the Federal Emergency Management Agency (FEMA.)  He is concerned that this may change the density in Planned Unit Developments and Suburban Residential.  He asked John Enos to review and see if his concerns are justified.  If Marion Township joins FEMA anyone can build one foot above the flood plain.  The Zoning Ordinance now states no building in a flood plain.

John Enos zoning can regulate density, now twenty-five percent can be used as open space.  The downside is the maps are hard to read and this means additional work for the Zoning Administrator.

Discussion ensued on the benefits and downside to joining FEMA.

SET A DATE FOR MEETING WITH THE CITY OF HOWELL

John Lowe and James L. Anderson will meet with the City of Howell Planning Commission or the committee they have chosen.  Annette McNamara will contact the City of Howell to set this up.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Les Andersen told the Planning Commission members about a meeting to discuss the transfer of developmental rights.  All the landowners of 20 acres or more have been notified by mail of the October 29, 2007 meeting at 7:00 p.m.

John Lowe closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 10:10 p.m.  Dave Hamann seconded.  Motion Carried 5-0.