REGULAR MEETING

November 24, 2009

7:30 p.m.

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA FOR:   November 24, 2009 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:  October 27, 2009 Regular Meeting

OLD 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  

3)     Proposed Amendment - Article XV Signs

NEW BUSINESS:

1)     Annual Organizational Meeting

CALL TO THE PUBLIC:

ADJOURNMENT:

MARION TOWNSHIP

PLANNING COMMISSION

REGULAR MEETING

NOVEMBER 24, 2009

7:30 P.M.

MEMBERS PRESENT:                 JEAN ROOT, SECRETARY, ACTING CO-CHAIR

BOB HANVEY

JERRY SIDLAR

JIM MURRAY

MEMBERS ABSENT:                   JOHN LOWE, CHAIRPERSON

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN ENOS, CARLISLE/WORTMAN

                                                DAN LOWE, TRUSTEE

LES ANDERSEN, TRUSTEE

SCOTT LLOYD, TRUSTEE

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CALL TO ORDER

Jean Root called the meeting to order at 7:30 p.m.

APPROVAL OF AGENDA

Bob Hanvey asked to have the Georgetown site plan amendment moved to the second agenda item.  Jim Murray motioned to approve the November 24, 2009 regular meeting agenda as amended.  Jerry Sidlar seconded.  Motion Carried 4-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  John Lowe was absent.

CALL TO THE PUBLIC

Jean Root opened the call to the public.

No response.

Jean Root closed the call to the public.

APPROVAL OF MINUTES

October 27, 2009 Regular minutes

Bob Hanvey motioned to approve the October 27, 2009 regular meeting minutes as presented.  Jim Murray seconded.  Motion carried 4-0.

OLD 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

Jean Root asked John Enos to summarize the request.

John Enos said this is a proposed special use Auto Repair within the Highway Service District.  The Board of Trustees is working on Section 6.27 Wellhead Protection Area regarding the environmental reviews which is a reasonable change to the Zoning Ordinance.  At the October meeting there was discussion on the layout, landscaping, removal of fluids, lighting and signage.  Carlisle/Wortman Associates, Inc. is recommending approval.

Bob Hanvey asked the Planning Commission members if they agreed the City of Howell environmental review is acceptable, if so applicant does not have to wait for the amendment to be completed.  The Planning Commission members and John Enos all agreed.

Jean Root summarized the process for rescinding the existing Home Occupation Class II special use permit the applicant now has.  John Enos gave the applicant a copy of the letter from Mike Kehoe, Township Attorney regarding the rescinding process.

Jessica Caverly noted the existing conditions for the Home Occupation Class II special use permit does not allow the special use to transfer with the sale of the home.

Jerry Sidlar motioned to recommend approval to the Board of Trustees for the Automobile Repair Business located at 1424 Pinckney Road in the Highway Service district on the east side of Pinckney Road, Tax ID# 4710-02-400-006, contingent on the following.

1. Be harmonious with and in accordance with the general principles and objectives of the Comprehensive Plan of the Township.  It is the opinion of the planning commission this special use will not change the character of the area given that the structure and the surrounding buildings have been located on this site for a number of years.

2. Not be hazardous or disturbing of existing or future uses in the same general vicinity and will substantially improve property in the immediate vicinity and in the community as a whole.  It is the opinion of the Planning Commission this special use will not detrimentally affect the use or future uses of this area given that for many years it was a different commercial use.  In addition, the proposed use will remain a viable non-residential use adjacent to the commercial services district with the City of Howell.  Lastly the Marion Township Comprehensive Plan allows and encourages commercial uses in this area.

3. Be served adequately by essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities and schools.  This building and the special use are located on D-19 (Pinckney Road) a major thoroughfare in Marion Township and will limit any impact to any residential areas located within the township.

4. Not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.  It is the opinion of the Planning Commission and the applicant agrees to operate this commercial business in a fashion that does not create any conditions that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

5. Meet the intent and purpose of the zoning regulations; be related to the standards established in the ordinance for the land use or activity under consideration; and will be in compliance with these standards.  The property is located within the Highway Service District and meets the intent and purpose of the zoning regulations and will be in compliance with those standards.

6. Ensure that landscaping shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and by topographic modification, which result in maximum harmony with adjacent areas.  The site plan submitted shows no changes to current landscaping as the building has been located on this site for many years.

7. Ensure that special attention shall be given to proper site surface drainage so that removal of storm waters will not adversely affect neighboring properties.  Site surface drainage will remain as is because the building has been on this site for many years.

8. Ensure that all exterior lighting shall be so arranged that is deflected away from adjacent properties and so that its does not impede the vision of traffic along adjacent streets.  Flashing or intermittent lights shall not be permitted.  Current lighting is adequate and will remain with downward shielding and no flashing or intermittent lights shall be used.

9. Meet the site plan review requirement of article XVIII.  The site plan submitted shall meet all site plan and zoning requirements.

10. Conform to all applicable state and federal requirements for that use.  The proposed auto repair commercial business will comply with all state and federal requirements on site location and operation.

11. A public hearing was held and there was one public comment regarding the sales of automobiles.  There will be not sales of automobiles.

12. Approval is contingent on updating Section 6.27 Wellhead Protection Area.

13. Letter from Terry Wilson, City of Howell, dated September 3, 2009.

14. Letter from Carlisle/Wortman Associates, Inc. dated October 12, 2009.

Jim Murray seconded.  Roll Call; Jim Murray yes, Jean Root yes, Bob Hanvey yes, Jerry Sidlar yes.  Motion Carried 4-0.

Bob Hanvey motioned to amend the motion to remove item #13, also there were no negative or adverse comments made at the public hearing.  Jim Murray seconded.  Roll Call; Jim Murray; yes, Jean Root; yes, Bob Hanvey; yes, Jerry Sidlar; yes.  Motion Carried 4-0.

NEW BUSINESS

Georgetown condominium lot reconfiguration

Ken Tyler is asking for approval to amend the existing site plan for Georgetown Site Condominium.  He has a buyer for an adjacent 25 acre parcel and the potential buyer would like to purchase the .70 acre detention pond that was designed for Georgetown.  Since the approval of the site plan Marion Township has reduced the acreage requirements for that district from 1 acre to 3/4 acre.  He is proposing reducing the size of the Georgetown lots to accommodate the detention pond.  He will provide Marion Township with any amendments to the Master Deed and By-Laws along with the amended Exhibit B drawings.  He will have all of this ready for the December 10, 2009 Board of Trustees meeting.

The Planning Commission discussed the following items.

1. Mike Kehoe, Township Attorney strongly suggested giving preliminary approval noting that Marion Township must protect themselves by having the updated and approved Master Deed, By-laws and Exhibit B drawings.

2. Orchard, Hiltz & McCliment, Inc. reviewing and approving the amended drawings.

3. Livingston County Drain Commissioners Office (LCDC) review and approval of the amended drawings.

4. Ken Tyler depositing an escrow with Marion Township for the cost of review and approval by Mike Kehoe, Township Attorney and Orchard, Hiltz & McCliment, Inc., Township Engineering Firm.

5. Ken Tyler would not be able to receive a clean title search necessary to sell the property until the site plan is amended and recorded with the Livingston County Register of Deeds.

6. A State of Michigan law; a Site Condominium that is not built within 6 years renders the site plan is null and void.

7. All Planning Commission members agreed, along with John Enos, Township Planner, since a road and homes have been built the State of Michigan law would not apply.

Jim Murray motioned to recommend preliminary approval for the Georgetown project to the Board of Trustees contingent on relocating the detention pond that is on the east side of lot numbers 23, 24 & 25, Orchard, Hiltz & McCliment, Inc. review, comment and approval, Mike Kehoe review, comment and approval and the LCDC review, comment and approval.  Applicant to submit updated Master Deed, By-laws and exhibit B drawings, deposit an escrow with Marion Township, maintain ¾ acre lots.  After Board of Trustees review, the project comes back to the Planning Commission.  Bob Hanvey seconded.  Roll Call; Jim Murray; yes, Jean Root; yes, Bob Hanvey; yes, Jerry Sidlar; yes.  Motion Carried 4-0.

OLD BUSINESS

Proposed Amendment – Wellhead Protection Area Section 6.27

Jean Root asked Annette McNamara to summarize her conversation with Mike Kehoe.

Annette McNamara responded; Michael Kehoe, Township Attorney would like to craft additional language for Section 6.27 that would give Marion Township more leeway with environmental reviews done by the City of Howell.  He agreed to have it ready for the December 15, 2009 Planning Commission meeting.

Bob Hanvey motioned to table this agenda item until the December 15, 2009 meeting.  Jerry Sidlar seconded.  Motion carried 4-0.

Proposed Amendment - Article XV Signs

The Planning Commission members agreed to table this agenda item until John Lowe is present.

Scott Lloyd, 5717 Pingree questioned why the Home Occupation signs are only two square feet.

John Enos answered that all zoning ordinances are filled with requirements that do not necessarily have any rhyme or reason.  The size could be increased to four square feet.

Jerry Sidlar motioned to table Article XV Signs to the December 15, 2009 Planning Commission.  Jim Murray seconded.  Motion carried 4-0.

NEW BUSINESS

Annual Organizational Meeting

Jean Root asked why the Planning Commission members’ terms went from three years to one year.

Annette McNamara answered it was a requirement in PA 33 the Planning Enabling Act.

Annette McNamara asked Bob Hanvey to let her know if the Capital Improvement Plan will be taking care of by the Planning Commission, if so it will need to be included in the Planning Commission By-Laws.

The Planning Commission members agreed to table this agenda item until John Lowe is present.

Jean Root motioned to table Article XV Signs to the December 15, 2009 Planning Commission.  Jerry Sidlar seconded.  Motion carried 4-0.

CALL TO THE PUBLIC

Jean Root opened the call to the public.

Charles Musson, 333 Triangle Lake Road; had a question regarding a motion that was made.

Karl Bohn, 376 Triangle Lake Road; wanted to know why the microphones were not working tonight?  Mr. Hanvey answered that the microphones are not hooked up.  Mr. Bohn asked that the Planning Commission members speak up.  Mr. Bohn noted he had a difficult time seeing the entrance into the Marion Township parking lot; could the township install a light?  And lastly, he is glad the meeting was over before 9:00 p.m.

Jean Root closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 8:30 p.m.  Bob Hanvey seconded.  Motion Carried 4-0.