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PLANNING
COMMISSION - November
27, 2007 PUBLIC HEARING & REGULAR MEETING AGENDA
PUBLIC HEARING AGENDA CALL TO ORDER: APPROVAL OF AGENDA FOR:
November 27, 2007 Public Hearing INTRODUCTION OF MEMBERS: CALL TO THE PUBLIC:
Agenda Items only 3 minute limit APPROVAL OF MINUTES FROM:
None OLD BUSINESS: 1)
Proposed Amendment
Section 4.03 E add final inspection to receive Certificate of Compliance 2)
Proposed Amendment
Section 8.01 D 2 Rural Residential Private Stables 3)
Proposed Amendment
Section 8.02 D 1 Suburban Residential Private Stables 4)
Proposed
Amendment Section 3.02 Definition of Pens, Corrals & Pasture &
Fence discussion 5)
Proposed
Amendment Section 3.02 - Definition of Contractor Storage Yard NEW BUSINESS:
CALL TO THE PUBLIC:
PLANNING COMMISSION
NOVEMBER 27, 2007 MEMBERS PRESENT:
JOHN LOWE, CHAIRPERSON DAVE HAMANN, CO-CHAIRPERSON JEAN E. ROOT, SECRETARY DEBRA WIEDMAN-CLAWSON JAMES L. ANDERSON MEMBERS ABSENT:
NONE
OTHERS PRESENT:
ANNETTE
MCNAMARA, ZONING ADMINISTRATOR
JOHN ENOS, CARLISLE/WORTMAN
TAMMY L. BEAL, CLERK
****************************************************************** CALL TO ORDER Jack Lowe called the meeting to order at 7:17 p.m. APPROVAL OF AGENDA Dave Hamann motioned
to approve the November 27, 2007 public hearing agenda.
Jean Root 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. Joseph A. Siciliano asked if this was the appropriate
time to comment on Public Hearing agenda items. John Lowe said he can be heard during the agenda item
he is here to comment on. Jack Lowe closed the call to
the public. APPROVAL OF MINUTES No minutes to approve. OLD
BUSINESS Proposed
Amendment Section 4.03 E add final inspection to receive Certificate
of Compliance John
Enos summarized the amendment. This
will help the Zoning Administrator to clarify a Certificate of Final
Compliance is necessary. John
Lowe opened the call to the public. No
response. John
Lowe closed the call to the public. John
Lowe asked the Planning Commission members if they had any comments. The
Planning Commission members had no further comments. Proposed
Amendment Section 8.01 D 2 Rural Residential Private Stables John
Enos summarized the amendment. The
Planning Commission has been working on this text and he feels it is ready
to move on to the next level. John
Lowe opened the call to the public. Tom
Bauer John
Lowe answered yes. Tom
Bauer Debra
Wiedman-Clawson asked when his boarding stable came into existence.
No
one knew and there is the assumption he is grandfathered in. Tom
Bauer John
Lowe closed the call to the public. John
Lowe asked the Planning Commission members if they had any comments. Dave
Hamann would like Mike Kehoe to look at item h to see if this is
legal. The
Planning Commission members had no further comments. Proposed
Amendment Section 8.02 D 1 Suburban Residential Private Stables John
Enos summarized the amendment. This
language is almost identical to the previous agenda item. John
Lowe opened the call to the public. Allison
Bauer Debra
Wiedman-Clawson explained the smaller lots in SR and the Planning
Commissions reasoning behind their decision to lower the acreage
requirements. John
Lowe closed the call to the public. John
Lowe asked the Planning Commission members if they had any comments. Dave
Hamann asked how a potential buyer would know there were only allowed two
horses in SR if Debra
Wiedman-Clawson said due diligence. The
Planning Commission members had no further comments. Proposed
Amendment Section 3.02 Definition of Pens, Corrals & Pasture &
Fence discussion John
Enos summarized the amendment. These
definitions apply to fencing for private and commercial stables.
He is satisfied with the text and feels it is ready to move to the
next leve. John
Lowe opened the call to the public. Discussion
ensued on the height of electric fencing and the Planning Commission agreed
to change the definition to read A barrier intended to prevent escape, a
means of confinement, constructed of wood, metal, wire mesh or synthetic
material. Fences containing
barbed wire, electric charges or sharp materials must address requirements
to satisfy animal being contained. John
Lowe closed the call to the public. John
Lowe asked the Planning Commission members if they had any comments. The
Planning Commission members had no further comments. Proposed
Amendment Section 3.02 - Definition of Contractor Storage Yard John
Enos summarized the amendment. This
text is ready to move to the next level. John
Lowe opened the call to the public. Joseph
A. Siciliano John
Enos said this would be a question for Mike Kehoe.
He also noted that John
Lowe said if there are several contractors that set up shop under the owner,
then the owner has no control. If
problems arise, everyone points the finger at one another. Discussion
ensued on the reasoning behind contractor storage yard being singular and John
Lowe closed the call to the public. John
Lowe asked the Planning Commission members if they had any comments. The
Planning Commission members had no further comments. NEW BUSINESS No new business. CALL TO THE PUBLIC No response. ADJOURNMENT Dave Hamann motioned to adjourn the meeting at 8:07
p.m. Jean Root seconded.
Motion Carried 5-0.
REGULAR MEETING AGENDA CALL TO ORDER: APPROVAL OF AGENDA FOR:
November 27, 2007 Regular Meeting INTRODUCTION OF MEMBERS: CALL TO THE PUBLIC:
Agenda Items only 3 minute limit APPROVAL OF MINUTES FROM:
October 23, 2007
Regular
Meeting OLD BUSINESS: 1)
Lucy
Road, LLC Site Plan Review located in the Highway Service District on
the west side of Lucy Road Tax ID# 4710-01-200-024 Proposed Use;
Contractor Storage Yard 2)
Proposed
Amendment Section 17.10 Wireless Communication Facilities 3)
Proposed
Amendment Section 3.02 Definition of Wireless Communication Facilities 4)
Proposed
Amendment Section 6.30 Family/Accessory Apartment 5)
Proposed
Amendment Section 3.02 Definition of Family/Accessory Apartment 6)
Proposed
Amendment Article VII Zoning Districts & Maps/Schedule of
Regulations 7)
Proposed
Amendment Section 8.03 B#5 & D#15 & Section 17.29 Two Family
Dwelling 8)
Proposed
Amendment Section 3.02 Definition of Easement 9)
Proposed Amendment
Section 6.14 Home Occupations 10)Proposed
Amendment Definitions relating to lots NEW BUSINESS: 1)
Rolling
Hills Ranch Special Use Permit review located in the Rural Residential
District on the north side of W. Coon Lake Road Tax ID# 4710-22-400-007
proposed use; Commercial Stable 2)
D-19
Ventures Special Use Permit review located in the Highway Service
District on the east side of D-19 Tax ID# 4710-02-400-005 proposed
use; Open Air Business 3)
Annual
Organizational Meeting 4)
Status
of Existing Residential Subdivision District ERS 2 5)
Proposed
Amendment Section 6.27 Wellhead Protection & Hazardous Substance
Overlay Zone 6)
Involvement
in 7)
Sample
of a proposed General Ordinance Stormwater Ordinance w/maintenance
agreement 8)
Board
of Trustees memo on Planning Commission priorities for 2008 CALL TO THE PUBLIC: ADJOURNMENT: REGULAR MEETING- 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
TAMMY L. BEAL, CLERK
ROBERT W. HANVEY, SUPERVISOR ************************************************************************************ CALL TO ORDER John Lowe called the meeting to order at 8:08 p.m. APPROVAL OF AGENDA Dave Hamann suggested moving all proposed text amendments
after the projects. Dave Hamann
motioned to approve the November 27, 2007 regular meeting agenda as amended.
Jean Root 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. No response. John Lowe closed the call to
the public. APPROVAL OF MINUTES October
23, 2007 Regular Meeting minutes Jean Root motioned to approve the October 23, 2007 regular
meeting minutes. James L.
Anderson seconded. Motion
Carried 5-0. OLD BUSINESS David LeClair of Livingston Engineering summarized the
request. He questioned Carlisle/Wortman
Associates, Inc. comments and suggestions. John Enos said they will not be given free rein on the site
and there is the possibility of meeting in the middle, what will be parked
where, additional landscaping that sort of thing.
There has been a request from the City of The owner of the property, Frank Lover, noted the trailers
parked along the North property line are rarely moved.
He has no intent to engage in any activity that would create
conflict. David LeClair stated the site plan landscaping meets the
requirements of the Zoning Ordinance yet he will restrict parking along the
Northeast corner. Jean Root noted Section 6.15, Conditional Approvals; she
would like to see the hours of operation limited. Frank Lover said there are times when he works for Michigan
Department of Transportation (MDOT) and they work at night.
He would like some leeway with that requirement. Phil Westmoreland summarized his review letter.
There are three issues, a perk test be done on the detention basin
with the Livingston County Department of Public Health (LCDPH) once it is
complete, verification from the Livingston County Road Commission (LCRC) for
out letting emergency overflow water into the road right-of-way and
Livingston County Drain Commission (LCDC) approval of the tributary area
basin. The Planning Commission and applicant discussed parking
within the setbacks. There is no
parking allowed within any setbacks. The Planning Commission would like to see the site plan
amended to include the following.
Jean Root motioned to table Lucy Livingston County Road
Commission, LLC, Tax ID# 4710-01-200-024 until the applicant provides a
revised copy of the NEW BUSINESS Rolling
Hills Ranch Commercial Stable Special Use Permit John Enos summarized his review letter.
The applicant met the requirements for a special use permit yet the
site plan review requirements were not met.
There are 15 issues with the site plan.
He does not want to comment further until the Planning Commission
provides him with direction. The
submittal does state there is a plan for 13 additional stalls; he would like
to know where. Does the
commercial stable have to meet American Disability Act (ADA) requirements? Jerry Wilson noted the facility is not accessible yet he can
install a handicap parking sign. Jean Root would like to see review letters from county
agencies. She has concerns that
the facility is on a separate parcel from the applicants home.
She wants to avoid problems down the road, say if the facility is
sold and the new owner wants to expand. The Planning Commission agreed to ask Mike Kehoe to review
the submittal in relationship to Jean Root motioned to table Rolling Hills Ranch, Tax ID#
4710-22-400-007 to the December 18, 2007 regular meeting.
Debra Wiedman-Clawson seconded. Motion
Carried 5-0. D-19
Ventures Open Air Business Special Use Permit Patrick
Keough, Advantage Civil Engineering summarized the project.
He thought tonight the Planning Commission would set a public hearing
and did not expect to present the project.
The applicant has been granted variances for this property to build
proposed restaurant. The set
backs are such that they prevent the property from being used.
The Open Air Business is a temporary proposal until the economy picks
up and the owner can build the restaurant. John
Enos said the variances required dont preclude the site issues.
This site plan cannot be acted upon until variances are granted.
If the Zoning Board of Appeals does not grant additional variances
for the Open Air Business, he sees no reason to review this site plan. Patrick
Keough stated if the applicant has to address these issues he will drop the
plan. To have to pave the
parking lot and install an underground detention basin for a short time and
then remove it in 5 years is not feasible.
If the Planning Commission holds the applicant to the Zoning
Ordinance then tell him now. The
Planning Commission agreed they would have to work with anyone who wanted to
develop the site. They also
questioned the nature of the Open Air Business.
Jean
Root motioned to table D-19 Ventures Tax ID# 4710-02-400-005 until the
applicant requests placement on an agenda.
James L. Anderson seconded. Motion
carried 5-0. OLD
BUSINESS Jean
Root motioned to send agenda items #2 through #8; Section 17.10 Wireless
Communication Facilities, Section 3.02 Definition of Wireless Communication
Facilities, Section 6.30 Family/Accessory Apartment, Section 3.02
Definition of Family/Accessory Apartment, Article VII Zoning Districts
& Maps/Schedule of Regulations, Section 8.03 B#5 & D#15 &
Section 17.29 Two Family Dwelling and Definition of Easement to the
Livingston County Department of Planning for review and comment, when
returned send to the Board of Trustees for review and approval/denial.
James L. Anderson seconded. Motion
carried 5-0. PA
116 Submittal John Enos had his assistant Laura explain the process to the
Planning Commission noting this is an advisory recommendation. Jean Root motioned to the Board of Trustees that the
Planning Commission has reviewed and recommends approval for Tax ID#
4710-07-300-005. Dave Hamann
seconded. Motion
Carried 5-0. Proposed
Amendment Section 6.14 Home Occupations Jean Root motioned to table Section 6.14 Home Occupations to
the December 18, 2007 meeting. Dave
Hamann seconded. Motion Carried 5-0. NEW
BUSINESS Annual
Organizational Meeting Jean
Root nominated John Lowe for Planning Commission Chair.
Debra Wiedman-Clawson seconded. Motion
carried 5-0. Debra
Wiedman-Clawson nominated Jean Root for Planning Commission Secretary.
James L. Anderson seconded. Motion
carried 5-0. Jean
Root nominated Dave Hamann for Planning Commission Co-Chair.
Debra Wiedman-Clawson seconded. Motion
carried 5-0. Status
of Existing Residential Subdivision District ERS 2 Jean
Root motioned to table this agenda item to the December 18, 2007 meeting.
Debra Wiedman-Clawson seconded. Motion
carried 5-0. Proposed
Amendment Section 00.00 Wind Energy Conversion Systems Jean
Root motioned to table this agenda item to the December 18, 2007 meeting.
Debra Wiedman-Clawson seconded. Motion
carried 5-0. Proposed
Amendment Section 6.27 Wellhead Protection & Hazardous Substance
Overlay Zone Jean
Root motioned to table this agenda item to the December 18, 2007 meeting.
Debra Wiedman-Clawson seconded. Motion
carried 5-0. Involvement
in The
Planning Commission discussed this agenda item and agreed they would like to
be involved. Sample
of a proposed General Ordinance Stormwater Ordinance w/maintenance
agreement Jean
Root motioned to table this agenda item to the December 18, 2007 meeting.
Debra Wiedman-Clawson seconded. Motion
carried 5-0. Board
of Trustees memo on Planning Commission priorities for 2008 Jean
Root motioned to table this agenda item to the December 18, 2007 meeting.
James L. Anderson seconded. Motion
carried 5-0. CALL TO THE PUBLIC John Lowe opened the call to the public. Mr. Hanvey informed the Planning Commission members Chestnut
Development will appeal the courts decision. John Lowe closed the call to the public. ADJOURNMENT Jean Root motioned to adjourn the meeting at 10:30 p.m.
Dave Hamann seconded.
Motion Carried 5-0.
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