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MARION TOWNSHIP

PLANNING COMMISSION

AGENDA  and DRAFT MINUTES

REGULAR MEETING

November 25, 2008

7:30 p.m.

 

CALL TO ORDER:

APPROVAL OF AGENDA FOR:        November 25, 2008 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:    October 28, 2008 Regular Meeting

                                                                            

OLD BUSINESS:

1)     Sample of a proposed General Ordinance – Stormwater Ordinance w/maintenance agreement

 2)     Proposed Text Amendment – Section 6.17 Infrastructure and Concurrency Standards

   3)     Caverly Special Use Permit review – located in the Suburban Residential District on the west side of Pinckney Road – Tax ID# 4710-11-400-005 – proposed use; Home Occupation II

NEW BUSINESS:

1)     Annual Organizational Meeting

 2)     Review October 29, 2008 Joint Committee Agenda for meeting with City of Howell  

 

CALL TO THE PUBLIC:

ADJOURNMENT:

                                                   DRAFT MINUTES

 

MARION TOWNSHIP  PLANNING COMMISSION

REGULAR MEETING

NOVEMBER 25, 2008 @ 7:30 P.M.

 

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

JEAN ROOT, SECRETARY

ROBERT HANVEY

JIM MURRAY

DEBRA WIEDMAN-CLAWSON

 

MEMBERS ABSENT:                   NONE               

 

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                LARA KREP, CARLISLE/WORTMAN

                                                PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT

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 move Caverly Home Occupation Class II to the first agenda item.  Jean Root motioned to approve the November 25, 2008 regular meeting agenda as amended.  Jim Murray 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

October 28, 2008 Regular Meeting minutes

Jean Root noted the approval of the September minutes should read Motion Carried 4-0.  Annette McNamara corrected it.  Robert Hanvey motioned to approve the October 28, 2008 regular meeting minutes as amended.  Jean Root seconded. 

OLD BUSINESS

Caverly Special Use Permit review – located in the Suburban Residential District on the west side of Pinckney Road – Tax ID# 4710-11-400-005 – proposed use; Home Occupation II

Lara Krep summarized Carlisle/Wortman Associates, Inc. review letter.  At this time they are recommending approval.

Orchard, Hiltz & McCliment, Inc. submitted a review letter and recommended approval.

John Lowe read the review and comment recommending approval from the Howell Area Fire Authority dated 11-19-08.

John Lowe read Mike Kehoe review letter dated 11-18-08.  John Lowe noted some of Mike Kehoe’s concerns have been resolved.

John Lowe noted the Zoning Board of Appeals approved the front yard set back variance at their November 10, 2008 meeting.

Robert Hanvey noted items #2 and #6 in the Conditions of Special Use should be amended, he also added two additional items to the list.

The Planning Commission members had a lengthy discussion regarding the applicants request and if it would change the character of the neighborhood.

Michael Whiteside, 255 Marion Meadows Drive ; he does not think this will change the character of the neighborhood, the Caverly parcel is accessed off of D-19 not Marion Meadows Drive .  He is here to support the Caverlys request.

Jean Root informed the applicant of their responsibility to contact Marion Township in the event the variance request is denied.

Jean Root motioned to recommend Site Plan approval for the Caverly Home Occupation Class II request, Tax ID # 4710-11-400-005, with the following conditions.

1)      Carlisle/Wortman Associates, Inc. letter dated 10-20-08

2)      Orchard, Hiltz & McCliment, Inc. letter dated 11-6-08

3)      Howell Area Fire Authority email dated 11-19-08

4)      Livingston Engineering survey dated 11-25-08

5)      Zoning Board of Appeals minutes dated 11-10-08

Jim Murray seconded.  Roll call Jim Murray-yes, Jean Root-yes, John Lowe-yes, Robert Hanvey-yes, Debra Wiedman-Clawson-yes.  Motion carried 5-0.

Jean Root motioned to recommend Special Use Permit approval for the Caverly Home Occupation Class II request, Tax ID # 4710-11-400-005, based on Section 16.05 A.

1. Be harmonious with and in accordance with the general principles and objectives of the Comprehensive Plan of the Township.         

The Home Occupation Class II provides the ability for Marion Township residents to engage in a start up business.

2. Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed.

The applicant has demonstrated this by planting additional buffering and removing a pre-existing non-conforming accessory structure.

3. Not be hazardous or disturbing to 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.

With the additional screening and the placement of the building on the lot this criteria is met.

4. 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 is off a main thoroughfare in Marion Township .

5. 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.

Conditions imposed have been listed in the Conditions of Special Use for the Home Occupation II.  Many residents gave approval for the applicants request during the public hearing.

6. 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 request meets the intent and purpose of a special use.

7. Ensure that landscaping shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and by topographic modifications, which result in maximum harmony with adjacent areas.

            Applicant had planted additional trees and there will be minimal soil disruption.

8. Ensure that special attention shall be given to proper site surface drainage so that removal of storm waters will not adversely affect neighboring properties.

            This was addressed in Orchard, Hiltz & McCliment, Inc. letter dated November 6, 2008. 

9. Ensure that all exterior lighting shall be so arranged that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted.

Downward lighting will be installed outside.

10. Meet the site plan review requirements of Article XVIII.

            See the site plan approval motion.

11. Conform to all applicable state and federal requirements for that use.

            This is addressed in standards of Home Occupation II.

The conditions of the Special Use Permit dated 11-25-08 amended per Planning Commission discussion; delete item #2 and add #12; No sales of new or used cars along with #13  No car wash shall be established as part of the principal or accessory structure or as a separate structure.

Jim Murray seconded.  Roll Call, Jim Murray-yes, Jean Root-yes, John Lowe-yes, Robert Hanvey-yes, Debra Wiedman-Clawson-yes.  Motion Carried 5-0.

Proposed General Ordinance – Stormwater Ordinance w/maintenance agreement

Section 6.17 Infrastructure and Concurrency Standards

The Planning Commission reviewed the revised text.

Maintenance Agreement - Page 4 of 6 – Section 8 B – Notices, will read All notices permitted or required to be given shall be in writing and sent either by mail or by personal delivery to the owners of record as shown on the latest Township tax assessment roll.

Delete the comments from Ken Recker, Deputy Drain Commissioner.

Stormwater Ordinance – page 2 of 4 - Section 8 – the guarantee bond amount will be set at 15%

Jean Root motioned to table the Stormwater General Ordinance and maintenance agreement to the January 20, 2009 meeting.  Jim Murray seconded.  Motion carried 5-0.

Section 6.17 Infrastructure and Concurrency Standards

The Planning Commission members reviewed the text and will follow Mike Kehoes instructions to hold a second public hearing.

Jean Root motioned to set a public hearing for Section 6.17 Infrastructure and Concurrency Standards on January 20, 2009 at 7:15 p.m.  Debra Wiedman-Clawson seconded.  Motion carried 5-0.

NEW BUSINESS:

Annual Organizational Meeting

Jean Root nominated John Lowe for Planning Commission Chair.   Jim Murray seconded.  Roll Call, Jim Murray-yes, Jean Root-yes, Robert Hanvey-yes, Debra Wiedman-Clawson-yes.  Motion Carried 4-0.

Jean Root nominated Debra Wiedman-Clawson for Vice Chair.  Jim Murray seconded.  Roll Call, Jim Murray-yes, Jean Root-yes, John Lowe-yes, Robert Hanvey-yes.  Motion Carried 4-0.

Debra Wiedman-Clawson nominated Jean Root for Secretary.  Jim Murray seconded.  Roll Call, Jim Murray-yes, John Lowe-yes, Robert Hanvey-yes, Debra Wiedman-Clawson-yes.  Motion Carried 4-0.

Report on October 29, 2008 Joint Advisory Committee

Robert Hanvey summarized the meeting and noted this is an advisory committee only.

Discussion on Corner Lot Frontage Requirements

John Lowe would like to review the existing text and determine if it can be improved.

Jean Root motioned to table this agenda item until the December 16, 2008 meeting.  Robert Hanvey seconded.  Motion carried 5-0.

Discussion on size requirement for Accessory Structures

John Lowe informed the Planning Commission members of the number of Zoning Board of Appeals cases for the size of accessory structures.

Jim Murray noted Carlisle/Wortman Associates, Inc. has text that may work.

John Lowe asked that John Enos bring a copy to the December 16, 2008 meeting.

Jean Root motioned to table this agenda item until the December 16, 2008 meeting.  Debra Wiedman-Clawson seconded.  Motion carried 5-0.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Jean Root reminded the members the next meeting will be held on December 16, 2008 due to the Christmas Holiday.

Robert Hanvey informed the Planning Commission members that all text amendments and rezoning will be sent to Livingston County Department of Planning for review and comment until further notice.

Charles Musson 333 Triangle Lake Road; what is the difference between a special use permit and a conditional rezoning.

The differences were explained.

John Lowe closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 10:10 p.m. Debra Wiedman-Clawson seconded.  

Motion Carried 5-0.