MARION TOWNSHIP

PLANNING COMMISSION

AGENDA and MINUTES

REGULAR MEETING

May 28, 2013

7:30 p.m.

 

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA FOR: May 28, 2013 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM: April 23, 2013 Regular Meeting

NEW BUSINESS:

1)        Proposed Home Occupation Class II – SUP# 01-13 Pardiac Auto Repair  

2)        Proposed Rezoning RZN# 01-13 – Public Land to Suburban Residential – Tax ID#4710-13-100-002

OLD BUSINESS:

1)        Proposed Zoning Ordinance Text amendment

Amend Section 8.02 E #16; add Adult Foster Care Large Group Home to Uses Permitted with Special Use Permit

Amend Section 17.01 A; add Suburban Residential to Locational Requirements

2)        Proposed Zoning Ordinance Text amendment TXT# 02-13 One Building to a Lot

CALL TO THE PUBLIC:

ADJOURNMENT:

MINUTES

 

MEMBERS PRESENT:                 JERRY SIDLAR, VICE-CHAIR

BOB HANVEY

CHARLIE MUSSON

JEAN ROOT, SECRETARY

MEMBERS ABSENT:                   NONE

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                SALLY ELMINGER, CARLISLE/WORTMAN

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CALL TO ORDER

Jerry Sidlar called the meeting to order at 7:30 p.m.

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

Jean Root motioned to approve the May 28, 2013 regular meeting agenda.  Charles Musson seconded.  Motion Carried 4-0.

INTRODUCTION OF MEMBERS

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

CALL TO THE PUBLIC

Jerry Sidlar opened the call to the public.

No response.

Jerry Sidlar closed the call to the public.

APPROVAL OF MINUTES

April 23, 2013 Regular meeting minutes

Bob Hanvey motioned to approve the April 23, 2013 regular meeting minutes as submitted. Charles Musson seconded.  Motion Carried 3-0-1.  Jean Root abstained.

NEW BUSINESS

Proposed Home Occupation Class II – SUP# 01-13 Pardiac Auto Repair 

Ken Pardiac, 4312 Rurik presented the proposal and introduced his family members, Richard Pardiac, Barbara Pardiac and his brother Bob Pardiac, the applicant.  He noted Barbara Pardiac is the property owner.  The package submitted is a request for a Home Occupation Class II Special Use Permit.  There will be no construction taking place on site, the proposed auto repair will be operated out of two existing buildings on the property and will retain the bucolic nature of the area.  Repairs will take place in one of the larger buildings and the office will be placed in the smaller building on site.  The auto repair facility will be by appointment only, no drop in repairs.  He will answer any questions the Commissioners have.

Jerry Sidlar asked if Bob Pardiac lives on the property.

Bob Pardiac answered yes.

Jerry Sidlar asked Sally Eliminger for comments.

Sally Elimiger summarized the Carlisle/Wortman Associates, Inc. review letter, noting the applicant has met the eleven criteria for Home Occupation Class II.  It is harmonious with the Master Plan; the area is designated as low density.  The use will not change the character of the neighborhood.  The proposed use will not be detrimental to the Rural Residential district.  She would like the applicant to state the type and size of cars to be worked on.  Disposal of toxic materials has been addressed yet there is no dumpster show on the site plan and asked the applicant to address.  The use will not create a nuisance to neighboring properties and asked the applicant to confirm no body work or intensive auto repair will take place on site.  Parking/storing cars behind the low farm structure is open at the south side and the Planning Commission members have the flexibility to ask for screening if necessary.  It is Carlisle/Wortman Associates, Inc. evaluation that the proposal meets the standards for Home Occupation Class II.

Jean Root asked if an air compressor will be used.

Bob Pardiac answered; he will be using a small portable compressor that does not create a nuisance.

Jerry Sidlar the sign requirements shown exceed the requirements allowing a four square foot will sign.

The Planning Commission members discussed signage and informed the applicant he could apply for a variance to allow for additional square footage or remove signs and meet the requirement.

Jean Root noted the Livingston County Road Commission review letter.  They will allow the two driveways off of W. Coon Lake Road to be used, yet they want some type of directional signage indicating ingress/egress.

It was noted that directional signage is allowed and doesn’t diminish the square footage requirements.

Jean Root noted the Howell Area Fire Authority review letter stating as long as the owner complies with the review with the county building department and fire department, due to the change in use, they approve the site plan. 

Bob Pardiac told the Planning Commission members he will be working on light truck and automotive.

Bob Hanvey expressed concerns there will be more than eight cars on site at one time.

Ken Pardiac said Bob Hanvey has a more optimistic view of the operation.  It will be low key and typically dealerships have all the repairs for the day dropped off at eight a.m. and picked up at five p.m.  That will not be the case with this operation.

The Planning Commission members said this can be a condition of approval for the Special Use Permit.

The Planning Commission members discussed buffering along the south side of the lot.  There are the ten acres owned by the applicant’s family and another ten acres between the car holding area and the next house to the south.  They felt no additional buffering is necessary.

Jean Root motioned to hold a public hearing at the June 25, 2013 meeting at 7:30 p.m. for the proposed Home Occupation Class II Special Use Permit # 01-13 Tax ID# 4710-26-200-044; 55 W. Coon Lake Road with the following conditions.

  1. Carlisle/Wortman Associates, Inc. review letter dated May, 20, 2013
  2. Livingston County Road Commission review letter dated May, 15, 2013 and directional signage as discussed
  3. Sign requirements be met or applicant applies for a variance
  4. Howell Area Fire Authority review letter Dated May 17, 2013 and written documentation stating approval

Bob Hanvey seconded.

Charles Musson would like the conditions for the Special Use Permit be included in the motion.

Jean Root amended the motion to include making the conditions part of the Conditions for a Special Use Permit (draft copy) and include applicant takes clients by appointment only, no drop in traffic.

Bob Hanvey supported the amended motion.  Motion Carried 4-0.

Proposed Rezoning RZN# 01-13 – Public Land to Suburban Residential – Tax ID#4710-13-100-002

Rick Terres, Howell Public Schools presented the request for the proposed rezoning.  They would like to split two ¾ acre parcels on the north east corner of the Parker School site and have them rezoned to Suburban Residential for the construction trades class to build two homes.  This year the construction trades class built a home in Sundance III and it went well, now they want to build on property owned by the school.

Jean Root asked if they are building classrooms or single family homes.

Rick Terres answered, no they will be single family homes built for resale.

Sally Elminger, Carlisle/Wortman Associates, Inc. summarized there review letter supporting the rezoning as submitted. 

Bob Hanvey asked Sally Elminger if the property can be rezoned when the land division hasn’t been completed.

Sally Elminiger answered no; you would need the new Tax ID#’s for the publication.

There is a letter in the Planning Commission member’s package from Charles Decatur, Marion Township Assessor stating the land division application meets all requirements.

Discussion ensued and all agreed new Tax ID #’s can be issued in time for the publication.

Jean Root motioned to hold a public hearing for RZN# 01-13; Tax ID# 4710-13-100-002 on June 28, 2013 at 7:30 pm.  Bob Hanvey seconded.

Bob Hanvey then asked the motion be amended to clarify new Tax ID#’s be used in the publication.

Jean Root motioned to amend previous motion to clarify new Tax ID#’s be used in the publication and directed they be used on the June 28, 2013 agenda along with clarification the rezoning is from Public Land to Suburban Residential.  Bob Hanvey seconded.  Motion Carried 4-0.

OLD BUSINESS

Proposed Zoning Ordinance Text amendment - Amend Section 8.02 E #16; add Adult Foster Care Large Group Home to Uses Permitted with Special Use Permit - Amend Section 17.01 A; add Suburban Residential to Locational Requirements

Jean Root asked for clarification on the proposed amendments as she wasn’t at the last meeting when this was discussed. 

Sally Elminiger summarized the Carlisle/Wortman Associates, Inc. review letter and noted that these requirements can be changed if the Planning Commission members agree to do so.

After extensive discussion the Planning Commission members asked to have the following changes made to the text.

  1. Delete the requirement for this use to be on a paved road
  2. Parking requirements clarify number of cars per shift
  3. Signage requirements be increased to allow twenty square feet per sign face and placed fifteen feet off of the road right-of-way
  4. Include adult foster care small group home in uses permitted by Special Use Permit in all districts
  5. Delete adult foster care large group homes in Rural Residential and Existing Residential Subdivisions Districts

Carlisle/Wortman Associates, Inc. was asked to make the proposed amendments to the text.

Jean Root motioned to table this agenda item to the June 28, 2013 meeting for review of changes and ask Mike Kehoe to review and comment to be included in the Planning Commission member’s packages.  Charles Musson seconded.  Motion Carried 4-0.

Proposed Zoning Ordinance Text amendment TXT# 02-13 One Building to a Lot

Charles Musson did not agree that lots within a platted subdivision could be under one Tax ID#.

Bob Hanvey attempted to explain and said that Marion Township has done this for years within the Existing Residential Subdivision District.  Bob Hanvey asked that the last line read ‘A principal building and/or accessory building or structure may not straddle the property line of two or more lots.’

Annette McNamara will make these changes.

The Planning Commission members agreed to ask Mike Kehoe for his review and comments on this proposed amendment for the June 28, 2013 meeting.

Jean Root motioned to hold a public hearing for TXT#02-13, Relationship of Buildings to Lots as amended per tonight’s discussion on June 25, 2013 at 7:30 p.m.  Bob Hanvey seconded.  Motion Carried 4-0.

CALL TO THE PUBLIC

Jerry Sidlar opened the call to the public.

Kathy Johnson 3175 Mason Road; asked if the amendments for Adult Foster Care Facilities could be on the public hearing agenda for June 28, 2013.

Jean Root responded that the Planning Commission members want to be sure the language is correct prior to holding the public hearing.

Kathy Johnson understood.

Les Anderson, 4500 Jewell Road ; made comments on the ingress/egress traffic flow at the Burkhart/Mason Road facility.  The LETS bus parks on Burkhart when the employees are changing shifts and creates a traffic jam.

Sally Elminiger noted the language in the amended text for loading/unloading area to be of sufficient size so as to not create congestion on the site or within a public roadway.

Jerry Sidlar closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 9:30 p.m.  Charles Musson seconded.  Motion carried 4-0.