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MARION TOWNSHIP PLANNING COMMISSION

AGENDA AND MINUTES

PUBLIC HEARING & REGULAR MEETING

October 22, 2013 @ 7:30 p.m.

 CALL TO ORDER:

PLEDGE OF ALLEGIENCE:

APPROVAL OF AGENDA FOR: October 22, 2013 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:  September 24, 2013 Regular Meeting

PUBLIC HEARING:

1)      CD Okemos 10 – Special Use Request for Drive-thru Establishment & Automobile Service & Repair Station; 1442 Old Pinckney Road; Tax ID#4710-02-400-005

CALL TO THE PUBLIC:

REGULAR MEETING:

OLD BUSINESS:

2)      CD Okemos 10 – Special Use Request for Drive-thru Establishment & Automobile Service & Repair Station; 1442 Old Pinckney Road; Tax ID#4710-02-400-005

3)      Proposed Text Amendments

Section 6.22 Single Family Design Standards amend roof pitch requirements for sunrooms

Section 5.05 C #’s 4 & 5 Zoning Board of Appeals Variance Criteria & 5.05 E Approval Period

NEW BUSINESS:

1)      Amendment to Georgetown Site Condominium – remove four additional lots  

2)      Meeting Procedure

3)      Mud Bog Ordinance – discussion only

CALL TO THE PUBLIC:

PLANNING COMMISSION

PUBLIC HEARING & REGULAR MEETING

MEMBERS PRESENT:  JERRY SIDLAR, VICE-CHAIR

                                 JEAN ROOT, SECRETARY

                                 BOB HANVEY

                                 CHARLIE MUSSON

                                 GREG DURBIN

MEMBERS ABSENT:    NONE

OTHERS PRESENT:      ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                  SALLY ELMIGER, CARLISLE/WORTMAN

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

CALL TO ORDER

Jerry Sidlar called the meeting to order at 7:32 p.m.

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

Bob Hanvey motioned to approve the agenda as presented.  Charlie Musson seconded.  Motion Carried 5-0.

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

September 24, 2013 Regular meeting minutes

Jean Root motioned to approve the September 24, 2013 minutes as presented. Bob Hanvey seconded.
Motion Carried 5-0.

Public Hearing- Proposed Special Use Request for Automobile Service & Repair Station; 1442 Old Pinckney Road Tax ID# 4710-02-400-005 – SUP# 02-13

Jerry Sidlar opened the public hearing.

Pat Keough, ACE engineering, applicants’ representative summarized the proposed project and said the changes requested by the Planning Commission at the September meeting were incorporated into the drawing.

Todd Lekander gave an oral history of the company.

Jerry Sidlar asked the audience if they had any comments.

Shannon Lane, 5267 Universe; thinks area north of I-96 freeway is dangerous, would like to see this project south of I-96 and feels it would be safer.

William Buckingham, 2645 Peavy; he will go east on I-96 to Brighton.  There he will purchase gas, coffee and any other items he needs.  Feels going north of I-96 is not safe.  He would like to see this project approved.

Mel Gillett, 2000 County Farm Road; Mr. Gillett owns a commercial building across the street from Todd Lekander, said Todd Lekander is a good neighbor and has improved the appearance of the building.  He would like to see the project approved.

Nic Patel, 1475 Old Pinckney Road; he has concerns regarding safety on Old Pinckney Road when the school busses pick-up/drop off.  If these issues can be resolved he has no problem with the project moving forward.

George Watts, 4231 Sundance Meadows; he likes the fact that the project is owned by locals, not a corporation.  Todd Lekander is a supporter of the local little league and swim team.  He would like to see this project approved.

Shannon Grainger, 3786 Pinckney Road; she has safety concerns with traffic north of I-96.

Craig Whitney, 1290 Byron Road; he is the current owner of the property to be developed and is eager to see it developed.  He has paid over $50,000.00 in taxes over the last 5-6 years.

Valde Garcia sent an email on October 22, 2013 in support of the project.  The letter will be attached to the approved minutes.

Jerry Sidlar closed the Public Hearing.

Jerry Sidlar opened the regular meeting.

OLD BUSINESS

CD Okemos 10 – Special Use Request for Drive-thru Establishment & Automobile Service & Repair Station; 1442 Old Pinckney Road; Tax ID#4710-02-400-005

Jean Root appreciates the public attendance and would like to see the project developed.  She still has concerns regarding the intensity of the use, she thinks five pumps are excessive.  She is concerned with the distance between pumps and turning radii.  Ingress off Old Pinckney Road concerns her, the property is lower than the roadway.  She would like the Township Engineer to comment on this.  She is concerned with traffic coming north on Pinckney Road onto Old Pinckney Road, there is too much gravel accumulating on the pavement.

Pat Keough noted there is a grading plan and this shows less of a drop from Old Pinckney onto the site.  He also noted that dimensions, cars and industry standard turning radii have been depicted on plan.

Jean Root went through the ten criteria used to evaluate if a Special Use Permit request.

  1. Be harmonious with and in accordance with the general principles and objectives of the Comprehensive Plan of the Township.  This is the use designated in the Master Plan for this area.
  1. 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 proposed use is consistent and harmonious with the character of other surrounding uses.
  1. 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.  The use is consistent with other uses.  This is the area Marion Township has designated for commercial. 
  1. 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.  Site is adequately served.
  1. 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.  The use is consistent with surrounding uses.
  1. 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 is consistent with the character of the neighborhood.  Bob Hanvey noted variances may be necessary
  1. 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 Planning Commission has ability to waive this requirement.
  1. 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 is shown on the site plan.
  1. Ensure that all exterior lighting shall be so arranged that 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.  Lighting was not shown on the preliminary plan, this is normally addressed in the Final Site Plan Review.
  1. Meet the site plan review requirement of article XVIII.  The site plan submitted is a Preliminary, Article XVIII requirements will be addressed during Final Site Plan Review.
  1. Conform to all applicable state and federal requirements for that use.  The proposal will comply with all state and federal requirements on site location and operation.

Bob Hanvey asked if the parallel parking along the west side will get much use.

Pat Keough stated yes, by people with trailers.

Discussion ensued regarding Special Use Permit verses Site Plan Review, when variances should be sought, between preliminary reviews or after final review/approval and whether to waive the landscaping requirements or just leave this to the Zoning Board of Appeals.

Jean Root motioned to recommend approval for the Special Use Permit request made by CD Okemos 10, LLC, 1442 Pinckney Road, Tax ID# 4710-02-400-005, the request is for a filling station and drive thru.  The following is the Planning Commission’s evaluation.

  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 the proposed use meets the current Marion Township Master Plan.
  1. 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.   It is the opinion of the Planning Commission the project is not detrimental and is consistent with the general area.
  1. 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 use will not disturb existing uses to the north and west.
  1. 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.  It is the opinion of the Planning Commission that the site is adequately served.
  1. 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 that given this is Highway Service zoning and the general area, it is consistent with surrounding uses.
  1. 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.  It is the opinion of the Planning Commission the property is located within the Highway Service District and the intent of this district is to serve the motoring public.
  1. 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 property is clear of natural features.
  1. Ensure that special attention shall be given to proper site surface drainage so that removal of storm waters will not adversely affect neighboring properties.  There are plans for underground detention and the Township Engineer and local county agencies that regulate will review this during the construction review phase.
  1. Ensure that all exterior lighting shall be so arranged that 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.  It is the opinion of the Planning Commission that the applicant will follow zoning ordinance requirements.
  1. Meet the site plan review requirement of article XVIII.  The site plan submitted is a Preliminary, Article XVIII requirements will be addressed during Final Site Plan Review.
  1. Conform to all applicable state and federal requirements for that use.  The county reviewed preliminary plans as related.

Greg Durbin seconded.  Roll Call; Greg Durbin, yes; Bob Hanvey, yes; Jerry Sidlar, yes; Jean Root, yes; Charlie Musson, abstained.  Motion carried 4-0.

CD Okemos 10 – Site Plan Review for Drive-thru Establishment & Automobile Service & Repair Station; 1442 Old Pinckney Road; Tax ID#4710-02-400-005

Sally Elmiger informed the Planning Commission members this is the time to consider preliminary site plan. 

After extensive discussion the following items are of issue.

  • Loading and unloading lighting – to be addressed during final review
  • Minimize parking space width
  • Road improvements per the Livingston County Road Commission
  • Elevations of proposed buildings
  • Necessary variances including landscaping
  • Height of fueling canopy
  • Tanker truck refueling

Greg Durbin motioned expressed his concerns with the intersection of Pinckney Road and Old Pinckney Road.  He is asking the Official from Marion Township involved with the Livingston County Road Commission to work with them and the applicant to come up with a solution.  Charlie Musson seconded.

Discussion ensued on the motion and Greg Durbin withdrew his motion, Charlie Musson withdrew his second.

Jean Root motioned to recommend preliminary approval for the Site Plan Review request made by CD Okemos 10, LLC, 1442 Pinckney Road, Tax ID# 4710-02-400-005 for proposed convenience store, drive thru and fueling station, contingent upon necessary variances being granted, site plan revision date October 7, 2013 and reviewed at the October 22, 2013 meeting, also to include review letters from the following.

  1. Carlisle/Wortman dated September 11, 2013
  2. Spicer Group dated September 17, 2013
  3. Howell Area Fire Authority dated September 16, 2013
  4. Livingston County Health Department dated September 9, 2013
  5. Livingston County Road Commission dated September 9, 2013
  6. Livingston County Drain Commission dated September 17, 2013
  7. City of Howell dated September 16, 2013

Greg Durbin seconded.  Roll Call; Greg Durbin, yes; Bob Hanvey, yes; Jerry Sidlar, yes; Jean Root, yes; Charlie Musson, yes.  Motion carried 5-0.

Section 6.22 Single Family Design Standards amend roof pitch requirements for sunrooms

Section 5.05 C #’s 4 & 5 Zoning Board of Appeals Variance Criteria & 5.05 E Approval Period

Jean Root motioned to table the proposed text amendments to the next regularly scheduled meeting.  Greg Durbin seconded.  Motion Carried 5-0.

NEW BUSINESS

Fourth Amendment to the Master Deed for Georgetown Site Condominium

Pat Keough summarize the request for the fourth amendment to the Master Deed.  Russell Springborn would like to remove four units (44, 45, 46 & 48) that he owns from the development, reducing the number of units in Georgetown from 20 to 16.

Mike Kehoe has reviewed the documents and suggests the following.

Include the previous amendments to the Master Deed, the liber’s and page numbers where those amendments have been recorded in the initial paragraph of the Fourth Amendment

Correct typo in second line of paragraph under “FOURTH ADMENDED EXIHIBIT B” – “supersedes” should be “supersede”

Under the heading “AMENDED ARTICLE V” would like it see Section 1 read;

Section 1. Description of Units. Each Unit in the Condominium Project is described in the Condominium Subdivision Plan of the Fourth Amendment to the Master Deed of GEORGETOWN SITE CONDOMINIUM which is attached hereto as Exhibit “B”.  There are now sixteen (16) units created for residential use in the Condominium Project established by this Master Deed.  Each Unit shall consist of the space (land area) located within horizontal and vertical Unit boundaries as delineated on Exhibit “B” hereto together with all appurtenances thereto.

Mike Kehoe would like to see language to renumber if there was no owner of Unit 47, yet there is so that will not be included

After the language of Section 2 he suggests adding “All other provisions of Article V remain unchanged”; or “Sections 3 and 4 of Article V remain unchanged.”  Language that clarifies that those sections are not being affected by this amendment.

Jean Root motioned to send Forth Amendment to the Georgetown Master Deed, Tax ID#’s 4710-04-401-044, 045, 046 & 048 to be combined with Tax ID# 4710-04-400-024.  Changes to be made to the documents per Mike Kehoe’s review letter dated October 14, 2013 before submitting to the Board of Trustees for review and approval/denial.  Greg Durbin seconded.  Motion carried 5-0.

Meeting Procedure

Bob Hanvey would like the first call to the public to be for any issue not just agenda items.

Planning Commission members agreed.

Charlie Musson motioned to amend the agenda.  Bob Hanvey seconded.  Motion carried 5-0. 

Mud Bog Ordinance – discussion only

Bob Hanvey summarized the reason for this ordinance.  He would like to meet with members of Marion Township community and people/officials from other communities to see if language can be developed, to possibly include;

Parking

Bathroom facilities

Hours of operation

Food safety

Traffic safety

Insurance

Entertainment

Les Anderson would like this text to cover special events not just mud bogs.

Sally Elmiger offered to bring suggested text to the November meeting.

CALL TO THE PUBLIC

Jerry Sidlar opened the call to the public.

TJ Lekander, 417 Maple Center; would like to acknowledge the passing of his Uncle, Timothy Wilson and thank the Planning Commission members for their hard work on the proposed development.

Jerry Sidlar closed the call to the public. 

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 9:45 p.m.  Charlie Musson seconded.  Motion carried 5-0.