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MARION TOWNSHIP

PLANNING COMMISSION

AGENDA and DRAFT MINUTES

REGULAR MEETING

October 27, 2009

7:30 p.m.

 

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA FOR:        October 27, 2009 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:   September 22, 2009 Public Hearing

                                                         September 22, 2009 Regular Meeting

OLD BUSINESS:

1)     Proposed Amendment - Article XV Signs

2)     Master Plan update/revisions  

NEW BUSINESS:

1)     Caverly Special Use Permit review – located in the Highway Service District on the east side of Pinckney Road – Tax ID# 4710-02-400-006 – 1424 Pinckney Road – proposed use; Automobile Repair Business

2)     Proposed Amendment – Wellhead Protection Area Section 6.27

CALL TO THE PUBLIC:

ADJOURNMENT:


                                             DRAFT MINUTES

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

                                                JEAN ROOT, SECRETARY & ACTING CO-CHAIR

BOB HANVEY

JERRY SIDLAR

JIM MURRAY

MEMBERS ABSENT:                   NONE

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN ENOS, CARLISLE/WORTMAN

LES ANDERSEN, TRUSTEE

SCOTT LLOYD, TRUSTEE

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

CALL TO ORDER

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

APPROVAL OF AGENDA

John Lowe asked to have the Caverly Special Use Permit moved to the first agenda item.  The following items were added as new business; accessory structures and wind turbines.  Jean Root motioned to approve the October 27, 2009 regular meeting agenda as amended.  Bob Hanvey 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

September 22, 2009 Public Hearing minutes

Jean Root motioned to approve the September 22, 2009 public hearing minutes as presented.  Jim Murray seconded.  Motion carried 5-0.

September 22, 2009 Regular minutes

Jean Root motioned to approve the September 22, 2009 regular meeting minutes as presented.  Jim Murray seconded.  Motion carried 5-0. 

NEW BUSINESS

Caverly Special Use Permit review – located in the Highway Service District on the east side of Pinckney Road – Tax ID# 4710-02-400-006 – 1424 Pinckney Road – proposed use; Automobile Repair Business

John Enos summarize his review letter, this special use is allowed in Highway Service District yet because of the wellhead protection area the ability for commercial use is limited.  This area is appropriate for commercial use and the building to house the auto repair is in place.  John Enos noted his recommendation for approval.

John Lowe told the Commissioners he and Bob Hanvey attended the Joint Planning Committee with the City of Howell two weeks ago and discussed the wellhead issue.  The wellhead belongs to the City of Howell and was placed eight years ago; the commercial buildings have been in place for 30 +- years.  The City of Howell uses the well in emergency situations, yet now has the ability to use MHOG wells instead.  In the spirit of cooperation the City of Howell has agreed to provide an environmental review of any uses within their wellhead area and Marion Township can amend the wellhead protection area language to accommodate.  Terry Wilson has provided a review for Mr. Caverly proposed use and the Planning Commission members received a copy in their packages.

Bob Hanvey asked what Mr. Caverly considers the front of the building.

There is no concrete answer, the address is Old Pinckney Road yet the Howell Area Fire Authority would like the address to be visible from D-19 ( Pinckney Road .) 

Bob Hanvey asked about the driveway (it is on the neighboring property.)  The access to the parcel is legally nonconforming.

Jean Root asked if they will be enclosing the existing loading docks.  Is he using this property in lieu of his personal property?

Mr. Caverly answered yes to both questions.

Jean Root asked if they will hook up to public utilities.

Mr. Caverly said he will see what the Livingston County Department of Public Health has to say, yet there will not be excessive use of the well and septic.  Everything will be removed from the site.

Jerry Sidlar asked how spills will be handled.

Mr. Caverly said there will be secondary containment and he owns a zamboni type machine to clean up the floor.

Jean Root motioned to schedule a public hearing for Roy Caverly, Tax ID# 4710-02-400-006 Special Use Permit # 01-09 for an Auto Repair on November 24, 2009 at 7:15 p.m.   Jim Murray seconded.  Motion carried 5-0.

OLD BUSINESS

Proposed Amendment - Article XV Signs

The Planning Commission members reviewed the comments sent in Mike Kehoe letter and requested the following revision.

Page 3 of 12; Section 15.04 P second sentence to read ‘No more than four (4) such signs advertising the same property or building shall be located within the Township.

The Planning Commission members discussed the possibility of asking the Livingston County Road Commission to write a letter granting Marion Township permission to remove signs within the road right-of-way.

Jean Root motioned to send Article XV Signs to the Board of Trustees for preliminary review and then returned to the Planning Commission.  Jerry Sidlar seconded.  Motion carried 5-0.

Master Plan update/revisions

John Enos is satisfied with the amendments Annette McNamara has made to the text. 

The Planning Commission members discussed more regional references to the need for Manufactured Home Communities and not rely on the City of Howell ’s communities as a demonstrated need.

John Lowe informed the Planning Commission members of the Joint Planning Advisory Committee meeting with the City of Howell on October 7, 2009.  The committee agreed to ask the City of Howell Attorney and Mike Kehoe, Township Attorney to develop text to include in the Master Plan regarding the Manufactured Home Communities.

They would also like both Attorneys to comment on the wellhead protection area environmental review of any uses proposed within the City of Howell ’s wellhead and an intergovernmental agreement.

Annette McNamara will contact Erin Perdu, City of Howell and Mike Kehoe to check on progress.

Jean Root motioned to postpone Master Plan to the December 15, 2009 regular meeting for further review and comment from Attorneys.  Jim Murray seconded.  Motion carried 5-0.

NEW BUSINESS

Proposed Amendment – Wellhead Protection Area Section 6.27

The Planning Commission members reviewed the changes to the text by Mike Kehoe.  Annette McNamara will contact Mike Kehoe and ask that he and the City of Howell Attorney work on an intergovernmental agreement for the environmental review of uses within their wellhead area.

Jean Root motioned to table this agenda item to the November 24, 2009 regular meeting.  Jerry Sidlar seconded.  Motion carried 5-0.

Accessory Uses and Structures

Annette McNamara has received a request to allow a 10,000 s.f. accessory structure on a 20 acre parcel that does not have a principal structure.  The request came from a potential resident, they want to buy this parcel and slowly work on their home.  They need a structure to park antique cars and construction materials.

The Planning Commission members agreed that this is not allowed per the Zoning Ordinance and is not uncommon for municipalities to prohibit accessory structures without a principal structure.

 Wind Energy Turbines

The Board of Trustees has approved the Planning Commissions request to work on language to regulate wind energy turbines other than wind energy farms.

John Lowe would like to talk to someone in a local unit of government in the thumb area.  At one time the residents in the thumb were gun-ho and now that has changed.  John Lowe would like to know what has changed and why.

Jerry Sidlar said he would not want to see a 70’ wind turbine in his neighborhood.  The lots are one acre and in not large enough to accommodate this type of accessory use.

Jean Root asked that this be placed on the January 26, 2010 agenda.

Annette McNamara told the Planning Commission members the Board of Trustees has been discussing regulating outdoor wood burners.  It is possible the Board of Trustees will ask that this be worked on in January also.

Bob Hanvey told the Planning Commission members expandable site condominiums, such as Sunridge, HomeTown Village of Marion may need their approvals extended or revoked.  Since the downturn in the economy the developers are not in a position to expand per their approval by Marion Township .  A decision will have to be made.

Charles Musson, 333 Triangle Lake Road;  he would like the Board of Trustees to ask Marion Township’s accountant to determine the cost of REU’s ten years from now.

Bob Hanvey has already asked for this information.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

No response.

John Lowe closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 9:15 p.m.  Jerry Sidlar seconded.  Motion Carried 5-0.