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MARION TOWNSHIP

PLANNING COMMISSION

AGENDA AND MINUTES

September 24, 2013

7:30 p.m.

CALL TO ORDER:

PLEDGE OF ALLEGIENCE:

APPROVAL OF AGENDA FOR: September 24, 2013 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM: July 23, 2013 Regular Meeting

OLD BUSINESS: No Old business

NEW BUSINESS:  

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

2)    Proposed Text Amendments

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

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

c)    Section 17.04 Automobile Service & Repair Station – update criteria

CALL TO THE PUBLIC:

ADJOURNMENT:

                                                                      MINUTES

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 7:30 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

July 23, 2013 Public Hearing and Regular meeting minutes

Jean Root motioned to approve the July 23, 2013 minutes as presented.  Bob Hanvey seconded.  Motion Carried 5-0.

NEW 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

Jerry Sidlar asked Sally Elmiger to comment.

Sally Elmiger summarized the Special Use Permit requirements and went on to address Section 16.05 items #1 thru #10

  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 Carlisle/Wortman this harmonious with the objectives of the Master Plan.
  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 Carlisle/Wortman this use will not disturb uses to the North and West, yet may have an effect on the single family home to the east.  Since the site sits lower than the home it may not become an issue.
  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 served with public sewer and water.  Site drains to the west, under D-19 this area is regulated by the Livingston County Road Commission, the applicant will work with the Livingston County Road Commission to meet their requirements.
  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 Carlisle/Wortman traffic may become an issue.
  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 meets the intent and purpose of the zoning regulations.  It is Carlisle/Wortman opinion that the variances necessary makes the use noncompliant.
  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 site plan submitted shows no changes to current landscaping.  Variances for landscaping may be necessary, the Planning Commission does have the ability to modify the requirements.
  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.  Site drains to the West.  This will be addressed in the Final Site Plan and at the Livingston County Road Commission level.
  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.

Sally Elmiger did comment on the proposed use bordering the wellhead protection area and concerns with the underground storage tanks.

Jean Root asked if the underground tanks are regulated by the State of Michigan or should Marion Township be regulating.

Sally Elmiger responded that it is regulated by the State of Michigan.

TJ Lekander handed out the State of Michigan requirements to all Planning Commission members.

Todd Lekander, 2203 Sexton Road.  Introduced himself as the applicant and summarized his proposal by saying this will create up to 25 full-time jobs for people in the community.  This proposal will fill a need in Marion Township and help to reduce traffic, not increase traffic.

Pat Keough, 5040 Queensway.  Mr. Keough is the applicants engineer, he noted the unique site in that the setbacks overlap one another, and there is no building envelope and the excessive road right-of-way.  Variances are necessary for those reasons alone.  Any use on this site would require more than one variance.  He believes the use will benefit traffic flow and eliminate potential problems.  As to the landscaping requirements, this site is approximately 10’ above D-19, eliminating the need for buffering, also there is no significant vegetation of the surrounding sites.  The underground detention system has a treatment system and the outlet is at a controlled rate.  This can be worked out with the Livingston County Road Commission.  He doesn’t feel this will create additional traffic, it will serve existing traffic.  As for the wellhead protection area, the City of Howell has their wastewater treatment plant within the area along with two gas stations and a Goodyear Tire retread plant.  The underground storage tanks are double walled and the risk is minimal.

Todd Lekander noted this is not adding trips it is serving existing demand, getting cars out of the mixing bowl of the I-96 interchange.  This is not a destination use.

Jerry Sidlar asked if I-96 travelers will be attracted.

Todd Lekander said yes, it is much easier to make a right hand turn off of the I-96 East bound ramp and another right to get back onto the freeway.

The applicant showed photographs of other sites that are on equal or smaller parcels than the one proposed.  He wanted to show the Commissioners that this is not too intensive of a use for the site.  There is a synergy established and accepted with this type of use, fuel for your car and fuel for your body.

Greg Durbin brought up the issue of cars traveling North on D-19 onto Old Pinckney Road.  The design of the road encourages drivers to use the shoulder of the road, this can cause accidents when two tires are on gravel and two tires on pavement.

Discussion ensued, this will be a Livingston County Road Commission call.

Bob Hanvey doesn’t agree with requiring landscaping along the West side of the site to shield view of gas pumps.  He thinks full view of the site and safety if more important.  The Planning Commission does have the ability to waive these landscaping requirements.  Minimal landscaping would be consistent with the contiguous uses.

Site circulation and size of parking spaces were discussed.  The applicant is showing parking spaces larger than what is required by the Zoning Ordinance.  The applicant prefers wider parking areas as do their customers.

Sally Elmiger is concerned with the conflict point at the North/West corner of the site. 

Pat Keough didn’t agree it is a conflict point and will include dimensions on the next plan.

Jerry Sidlar noted the engineers review and comment the drive exceeds the 30’ requirement in the Zoning Ordinance.

Pat Keough said the approach has been reviewed by the Livingston County Road Commission.  Additional room is a plus for customers.

Jean Root has concerns there is no escape once you enter the drive-thru area.

Sally Elmiger asked if they will have a menu board.

Pat Keough answered yes, that will be shown on the Final Site Plan.

The applicant is seeking approval of the Preliminary Site Plan tonight, taking the input from the Commissioners and amending the site plan.  They would like to seek necessary variances before getting too far into the final drawings, this can be costly, changes just add to that cost.

The Planning Commission members couldn’t answer at what point to seek variances.

Jean Root motioned to hold a public hearing at the next regularly scheduled meeting for the CD Okemos 10, LLC proposal, 1442 Pinckney Road, Tax ID# 4710-02-400-005.  Greg Durbin seconded.  Motion Carried 5-0.

The public who attended tonight’s meeting in support of the project asked if they could comment.  Jerry Sidlar said they would have to wait until the final call to the public.

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

Jean Root asked if Sally Elmiger had reviewed the proposed text. 

Sally Elmiger answered yes and that she has no additional comments.

Jean Root would like Sally Elmiger to put this into writing.  She would also like Mike Kehoe to review the proposed changes prior to the next meeting.

Jean Root motioned to table the proposed text amendment to the next regularly scheduled meeting.  At that time a memo from Sally Elmiger and Mike Kehoe are to be submitted with the amendments.  Bob Hanvey seconded.  Motion Carried 5-0.

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

Jean Root asked if Sally Elmiger had reviewed the proposed text. 

Sally Elmiger answered yes and that she has provided additional comments in a memo to the Commissioners.  She would suggest that item #6 the proposed variance request is not economically driven be deleted, Mike Kehoe, Township Attorney should comment on this deletion.

Jean Root would like Sally Elmiger to put this into writing.  She would also like Mike Kehoe to review the proposed changes prior to the next meeting.

Jean Root motioned to table the proposed text amendment to the next regularly scheduled meeting.  At that time a memo from Sally Elmiger and Mike Kehoe are to be submitted with the amendments.  Charlie Musson seconded.  Motion Carried 5-0.

Section 17.04 Automobile Service & Repair Station – update criteria

Jean Root asked if Sally Elmiger had reviewed the proposed text. 

Sally Elmiger answered yes.

Jean Root would like Sally Elmiger to put this into writing.  She would also like Mike Kehoe to review the proposed changes prior to the next meeting.

It was suggested that this language be broken into two sections.  This may take longer than three weeks.

Jean Root motioned to table the proposed text amendment until the amendments are worked on.  At that time a memo from Sally Elmiger and Mike Kehoe are to be submitted with the amendments.  Greg Durbin seconded.  Motion Carried 5-0.

OLD BUSINESS

CALL TO THE PUBLIC

Jerry Sidlar opened the call to the public.

Doug Webster, 1101 Gray Fox; is happy with the proposal by CD Okemos 10, LLC, aesthetically it will help the appearance of the area unlike the used car lot which is not pleasing in appearance.  His son works for Todd Lekander and he thinks he is a good employer who works with the schedules of people he employs.  He likes the convenient aspect of the left hand turn lane out of the site.

Tom Kurtz, 4901 Richardson; Mr. Kurtz is pro CD Okemos 10, LLC and believes the design will increase the safety of drivers.  He has had a good experience with Todd Lekander and the people he employs.  He also believes aesthetically this is a plus for the area.

Mel Gillett, 2000 County Farm Road; he owns the Howell Auto Parts building across the street from Mugg & Bopps.  There was a substantial upgrade in appearance when Todd Lekander took over the Mugg & Bopps Gas Station/Convenience Store.

Jerry Sidlar closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 9:50 p.m.  Charlie Musson seconded.  Motion carried 5-0.