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MARION TOWNSHIP

PLANNING COMMISSION

AGENDA and DRAFT MINUTES

REGULAR MEETING

January 20, 2009

7:30 p.m.

CALL TO ORDER:

APPROVAL OF AGENDA FOR:       January 20, 2009 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM: 

                                    November 25, 2008 Regular Meeting

                                            December 16, 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)     Proposed Text Amendment - Corner Lot Frontage requirements

 

4)     Proposed Text Amendment – Section 6.07 size requirements for Accessory Structures

NEW BUSINESS:  

CALL TO THE PUBLIC:

ADJOURNMENT:

                                                       DRAFT MINUTES

 

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

                                                JEAN ROOT, SECRETARY

BOB HANVEY

JIM MURRAY

JERRY SIDLAR

 

MEMBERS ABSENT:                   NONE

                       

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN ENOS, CARLISLE/WORTMAN

                                                PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT

LES ANDERSEN, TRUSTEE

SCOTT LLOYD, TRUSTEE

DAN LOWE, TRUSTEE

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

CALL TO ORDER

John Lowe called the meeting to order at 7:30 p.m.

APPROVAL OF AGENDA

To accommodate the people here for specific agenda items John Lowe asked that item #2 Litter Ordinance under New Business and item #4 Accessory Structures be moved to numbers 1 and 2 on the agenda with the remainder numbered accordingly.  Bob Hanvey motioned to approve the January 20, 2009 regular meeting agenda as amended.  Bob Hanvey 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.

Rich Pearlberg, 323 E. Grand River Avenue ; asked if this was the time to be heard on the Litter Ordinance.

John Lowe let him know he will have an opportunity later.

Jean Root noted everyone who speaks must give their name and address.

John Lowe closed the call to the public.

APPROVAL OF MINUTES

November 28, 2008 Regular meeting minutes

Bob Hanvey asked what was corrected.  Annette McNamara read the corrected minutes.  Bob Hanvey motioned to approve the November 28, 2008 regular meeting minutes.  Jean Root seconded.  Motion carried 5-0.

December 16, 2008 Regular meeting minutes

Bob Hanvey motioned to approve the December 16, 2008 regular meeting minutes.  Jim Murray seconded.  Motion carried 4-0.  Jean Root abstained.

NEW BUSINESS:

Proposed General Ordinance and/or Zoning Ordinance – Litter Ordinance

John Enos opened by stating there have been several complaints regarding papers being delivered when it is obvious that no one is collecting them.  He suggested reworking the existing general ordinance to satisfy the problem with relationship to enforcement.

Rich Perlberg, 323 E. Grand River , Howell; explained he is the General Manager for the Livingston County Press (LCP.)  They have been made aware of the situation.  He receives as many complaints for not delivering as delivering without being picked up.  The LCP wants to work with the township to effectively delivery the papers.

John Lowe told Rich Perlberg over a period of time if the papers are not picked up then they scatter and are unsightly.  If the carrier is paid by the piece there is no incentive to not deliver.

Rich Perlberg said they are paid to pick up the undelivered paper and replace with a new one.

Mary Scott, 323 E. Grand River , Howell; noted with all the snow this year it is difficult to see that papers have not been picked up.

Charles Musson, 333 Triangle Lake Road ; he feels it is the residents problem for not picking them up.

John Lowe said if the resident doesn’t want the paper they should be put on a do not deliver list.

Rick Fitzgerald, 420 W. Main Street , Brighton ; he is the Managing Editor for the Community News.  They maintain a ‘do not deliver’ list and respond immediately.  The only effective way to deliver is to place in a plastic bag and toss on driveways.

John Lowe suggested putting a hook on the mailbox, if the resident does not remove the paper it is safe to assume they don’t want delivery and don’t deliver again.  He thinks this is beyond tolerable.  Some residents leave their homes early and come back late, they don’t have the inclination to call the paper to be put on a do not call list.

Mary Scott, she has personally gone out to police for papers lying on the ground.

Dan Lowe, Marion Township Trustee; he called the paper last September; they said the problem had been addressed.  The next time he checked the papers were still there.  He brought this issue up at a MHOG meeting that is attended by representative of other townships; they are disturbed by the delivery practice also.

John Lowe closed the Call to the Public.

John Lowe asked John Enos to provide text for the February meeting and asked the people from the papers to submit any suggestions they have.

Jean Root motioned to table the language for Litter General Ordinance to the February 24, 2009 meeting.  Jim Murray seconded.  Motion carried 5-0.

OLD BUSINESS

Proposed Text Amendment – Section 6.07 size requirements for Accessory Structures

John Enos passed out a memo from his office with proposed text based on the ground floor living space.  He noted if the accessory structure is based on acreage the township may get into a situation where the structures are so large they look out of place.

John Lowe would like to see a visual on the way it would look using a percentage of the acreage.

Robert Hanvey has concerns regarding small lots.

John Lowe opened the call to the public.

Brian Brandt, 5152 Dutcher Road; he submitted a letter and the Planning Commission received the it tonight.  He told the story about being denied because of the square footage of his home on ten acres, a neighbor with five acres and more square footage could have a larger structure than him.

Ray Strzalkowski, 308 W. Schafer Road ; told his story of being denied due to the square footage of his home on eleven acres.  He does not this it is fair.

Les Andersen, Marion Township Trustee; he is not sure it is a good idea to allow a large structure if the house is not that big.

John Lowe closed the call to the public.

The Planning Commission would like to see the following at the February meeting.

1)      A visual on accessory structures based on percentage of acreage

2)      Language that the calculations based on net acreage

3)      Whether to use the square footage of an attached garage in the ground floor living space calculations

4)      How this would work out using a marginal rate and a fixed rate

Jean Root motioned to table Section 6.07 Accessory Uses and Structures to the February 24, 2009 meeting.  Jim Murray seconded.  Motion carried 5-0.

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

The Planning Commission is satisfied with the proposed text.

Jean Root motioned to send the General Ordinance for Stormwater Management and Maintenance Agreement to the Board of Trustees for preliminary review and comment.  If no changes are requested then forward as a reference to the LCDP with Section 6.19 Infrastructure and Concurrency Standards.  Jim Murray seconded.  Motion carried 5-0.  

Proposed Text Amendment – Section 6.17 Infrastructure and Concurrency Standards

The Planning Commission is satisfied with the proposed text.

Jean Root motioned to send Section 6.17 Infrastructure and Concurrency Standards to the Board of Trustees for review and comment, if no changes are requested then forward with the General Ordinance to the LCDP for review and comment.  Jim Murray seconded.  Motion carried 5-0.  

Proposed Text Amendment - Corner Lot Frontage requirements

John Enos summarized the proposed text.  The Planning Commission is satisfied with the amendments.

Jean Root motioned to hold a public hearing on Section 7.05 Schedule of Regulations on February 24, 2009 at 7:15 p.m.  Robert Hanvey seconded.  Motion carried 5-0.

Jean Root motioned to hold a public hearing on Section 3.02 Yard Definitions, specifically Front Yard Definition on February 24, 2009 at 7:15 p.m.  Jim Murray seconded.  Motion carried 5-0.

NEW BUSINESS:

Proposed Text Amendment – Section 11.01 B #7 Municipal Cemeteries/Mausoleums

Annette McNamara told the Planning Commission this came up in preparation to update the Comprehensive Plan and the rezoning of Public Lands.  Some of the Public Land to be rezoned are cemeteries and were not listed in Public Lands as a use permitted.  Mike Kehoe has reviewed the amendment and is satisfied.

Jean Root motioned to hold a public hearing on Section 11.01 B #7 on February 24, 2009 at 7:15 p.m.  Robert Hanvey seconded.  Motion carried 5-0.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

No response.

John Lowe closed the call to the public.

ADJOURNMENT

Robert Hanvey motioned to adjourn the meeting at 9:30 p.m.  Jim Murray seconded.  Motion Carried 5-0.