REGULAR MEETING

December 18, 2007

CALL TO ORDER:

APPROVAL OF AGENDA FOR:         December 18, 2007 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:     November 27, 2007 Public Hearing

                                                  November 27, 2007 Regular Meeting

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)     Proposed Amendment – Section 6.14 Home Occupations

3)     Proposed Amendment –Definitions relating to lots

4)     Proposed Amendment – Section 4.03 E – add final inspection to receive Certificate of Compliance

5)     Proposed Amendment – Section 8.01 D 2 – Rural Residential Private Stables

6)     Proposed Amendment – Section 8.02 D 1 – Suburban Residential Private Stables

7)     Proposed Amendment – Section 3.02 Definition of Pens, Corrals & Pasture & Fence discussion

8)     Proposed Amendment – Section 3.02 - Definition of Contractor Storage Yard

9)     Proposed Amendment – Section 00.00 Wind Energy Conversion Systems

10)Proposed Amendment – Section 6.27 Wellhead Protection & Hazardous Substance Overlay Zone

11)Status of Existing Residential Subdivision District ERS 2

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

13)Board of Trustees memo on Planning Commission priorities for 2008                                                         

NEW BUSINESS:

CALL TO THE PUBLIC:

ADJOURNMENT:

                                                         MINUTES

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

JEAN ROOT, SECRETARY

DEBRA WIEDMAN-CLAWSON

JAMES L. ANDERSON                   

MEMBERS ABSENT:                   DAVE HAMANN, CO-CHAIRPERSON                                              

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN ENOS, CARLISLE/WORTMAN

                                                PHIL WESTMORELAND, ORCHARD, HILTZ AND MCCLIMENT

LES ANDERSEN, TRUSTEE

                                                ROBERT W. HANVEY, SUPERVISOR

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CALL TO ORDER

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

APPROVAL OF AGENDA

Jean Root motioned to approve the December 18, 2007 regular meeting agenda.  James L. Anderson seconded.  Motion Carried 4-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  Dave Hamann was absent.

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

November 27, 2007 Public Hearing minutes

Jean Root motioned to approve the November 27, 2007 public hearing minutes.  James L. Anderson seconded.  Motion Carried 4-0. 

November 27, 2007 Regular Meeting minutes

Jean Root noted on page two Livingston County Road Commission is inserted after Lucy Road and needs to be deleted.  James L. Anderson noted the date at the heading of the minutes reads November 23, 2007 and needs to be changed to November 27, 2007.  Jean Root motioned to approve the November 27, 2007 regular meeting minutes as amended.  Debra Wiedman-Clawson seconded.  Motion Carried 4-0. 

OLD BUSINESS

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

John Enos summarized the review process to date and reference the Howell Area Fire Authority (HAFA), Livingston County Building Department (LCBD) and the Livingston County Road Commission (LCRC) review letters.  These items need to be address prior to any decision by the Planning Commission.  John Enos thinks no action can be taken due to lack of information.

Jerry Wilson 1340 W. Coon Lake Road; There are two 20’ gates with brass locks that the HAFA can drive right through to reach the buildings if there was a fire.  There is a monitoring system, connected to their home that will alert the Wilson ’s if there was a fire.  He hopes the HAFA will accept these provisions and give an approval.  He is still holding to his belief that this is an agricultural operation and he does not need the LCBD approval or permits.  The current driveway has been in place for many, many years and he does not see any reason to change the placement or install culverts.  He brought up a recent court case where a resident of Tyrone Township exceeded the number of horses allowed by the township.  A judge in Livingston County ordered in the residents favor, stating if the resident is boarding horses she falls under the Right to Farm Act and is not held to the townships ordinances.  He is willing to revise his submittal and remove any reference to groups visiting the ranch.

John Lowe told the applicants that he spoke with Kristen Linderman, State of Michigan Right to Farm specialist and she said the act is not designed to override local zoning ordinances.  He discussed previous Commercial Stable submittals with the LCBD and they said they are looking at these in a different light now.  He also spoke with someone from the State of Michigan Construction Codes and that person agreed with the LCBD.

Discussion ensued on various Public Acts that apply to this situation and confirm it falls under the Right to Farm Act and whether Marion Township can create ordinances to review and have control over these operations.

Mr. Hanvey stated he believes that Marion Township cannot create an ordinance that interferes with Generally Accepted Agricultural Management Practices (GAAMP.)

The Planning Commission members agreed they have reviewed and recommended approval for these types of submittals in the past and they would like to recommend approval for Rolling Hills Ranch.

The Planning Commission members agreed to the following.

1)      Applicant will revise cover letter to remove any reference to people other than family and boarders using the riding arena

2)      Applicant will submit a site plan with the items Carlisle/Wortman Associates, Inc. requested in their first review letter

3)      Zoning Administrator will send the applicants submittal, Sterling Training Center submittal and Majestic Oaks submittal for Commercial Stables to Mike Kehoe for direction

Jean Root motioned to table Rolling Hills Ranch Special Use Permit review, Tax ID# 4710-22-400-007 to the January 22, 2008 meeting.  James L. Anderson seconded.  Motion carried 4-0.

Proposed Amendment – Section 6.14 Home Occupations

John Enos summarized the proposed amendment.  The Home Occupation Class I, is similar to the existing language.  John Enos would like to focus on Class II, which requires a special use permit.

Jean Root and Debra Wiedman-Clawson did not receive the proposed text in their December 18^th Planning Commission package.

John Enos asked the Planning Commission to review Class II and be prepared to discuss it at the January 22, 2008 meeting.

Jean Root motioned to table Section 6.14 Home Occupations in particular Section 17.32 to the January 22, 2008 regular meeting.  James L. Anderson seconded.  Motion carried 4-0.

Proposed Amendment –Definitions relating to lots

Jean Root questioned the history of the proposed amendment and if the Board of Trustees had reviewed it.  It was clarified they had and sent it back to the Planning Commission for additional review.

Discussion ensued on the definition of lot and questions regarding flag lots.

Jean Root motioned to send Definitions relating to lots along with Section 6.11 (flag lots) the definition of flag lot and figure 3-7 diagram of flag lots to the Board of Trustees for review and comment.  Debra Wiedman-Clawson seconded.  Motion carried 4-0.

Proposed Amendment – Section 4.03 E – add final inspection to receive Certificate of Compliance

The Planning Commission members are satisfied with the proposed text.

Jean Root motioned to send Section 4.03 E to the Board of Trustees for final review and approval/denial.  James L. Anderson seconded.  Motion carried 4-0.

Proposed Amendment – Section 8.01 D 2 – Rural Residential Private Stables

John Enos summarized Mike Kehoe’s review letter and agreed with the requested changes. 

The following will be amended.

1)      Add the word “be” to item ‘j’

2)      Add “arena building or” to item ‘k’

3)      Delete item ‘h’ in its entirety and replace with Mike Kehoe suggested language

Jean Root motioned to send Section 8.01 D 2 Rural Residential Private Stables to the Board of Trustees for preliminary review and approval/denial.  James L. Anderson seconded.  Motion carried 4-0.

Proposed Amendment – Section 8.02 D 1 – Suburban Residential Private Stables

The proposed amendment is similar to Section 8.01 D 2.

The following will be amended.

4)      Add the word “be” to item ‘j’

5)      Add “arena building or” to item ‘k’

6)      Delete item ‘h’ in its entirety and replace with Mike Kehoe suggested language

Jean Root motioned to send Section 8.02 D 1 Suburban Residential Private Stables to the Board of Trustees for preliminary review and approval/denial.  Debra Wiedman-Clawson seconded.  Motion carried 4-0.

Proposed Amendment – Section 3.02 Definition of Pens, Corrals & Pasture & Fence discussion

The Planning Commission members are satisfied with the proposed amendment.

Jean Root motioned to send Section 3.02 Definition Private and Commercial Stable fencing along with definitions of Pens, Corrals, Pasture and Fences to the Board of Trustees for preliminary review and approval/denial.  James L. Anderson seconded.  Motion carried 4-0.

Proposed Amendment – Section 3.02 - Definition of Contractor Storage Yard

Joseph A. Siciliano 35000 Grand River Avenue, Farmington Hills; has the proposed language be changed since the last meeting?  He would also like to ask the Planning Commission the rational for single entity, he objects to the limitation.

The Planning Commission along with John Enos explained the reasoning behind contractor storage yard being one contractor.  Debate ensued and Joseph A. Siciliano agreed to disagree with the Planning Commission.

Jean Root motioned to send Section 3.02 Definition of Contractor Storage Yard to the Board of Trustees for preliminary review and approval/denial.  James L. Anderson seconded.  Motion carried 4-0.

Proposed Amendment – Section 00.00 Wind Energy Conversion Systems

James L. Anderson gave the Planning Commission members his reasoning for suggesting the Planning Commission look at language.

Debra Wiedman-Clawson said this would be mandated by the Federal Government at some point and will be out of Marion Township hands.

The Planning Commission agreed to the following.

1)      John Enos to find out if Lake Township in Huron County had language in place when the Wind Turbines were installed

2)      John Enos to find out if Marion Township would be a viable area for Wind Turbines

Jean Root motioned to table Wind Energy Conversion Systems until John Enos gathers information and requests placement on an agenda.  James L. Anderson seconded.  Motion carried 4-0.

Proposed Amendment – Section 6.27 Wellhead Protection & Hazardous Substance Overlay Zone

The proposed change is a result of the City of Howell along with the Michigan Department of Environmental Quality remapping the wells; the reference in Marion Townships Zoning Ordinance is incorrect.  The maps can be found at the State of Michigan , Department of Environmental Quality web sit.

Annette McNamara would like Mike Kehoe to review the language.

Jean Root questioned if this needed a public hearing due to the fact it is a housekeeping issue.  She would like Mike Kehoe to comment on that also.

Jean Root motioned to table Section 6.27 Wellhead Protection & Hazardous Substance Overlay Zone for further review by Mike Kehoe, Township Attorney as to the accuracy of the maps on the State of Michigan web site and whether a public hearing is necessary, to the January 22, 2008 regular meeting.  Debra Wiedman-Clawson seconded.  Motion carried 4-0.

Status of Existing Residential Subdivision District ERS 2

The Planning Commission, Annette McNamara and Mr. Hanvey engaged in a discussion on the reason behind establishing the Existing Residential Subdivision District #1 & #2.  How and when it was eliminated from the current zoning map and whether to include it on the proposed zoning map when adopted.

The questions are.

1)      What to do from here

2)      How many lots would be affected?

3)      Can Mike Kehoe attend the January 22, 2008 meeting?

4)      An explanation of “as of the effective date or amendment to the Zoning Ordinance”

Jean Root would like this to be the first agenda item on the January 22, 2008 agenda.

Annette McNamara will send everything to Mike Kehoe and ask him to attend the meeting.

Jean Root motioned to table Status of Existing Residential Subdivision District ERS 2, updating the zoning map and ask Mike Kehoe to attend the meeting to the January 22, 2008 regular meeting.  James L. Anderson seconded.  Motion carried 4-0.

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

Charles Musson 333 Triangle Lake Road; asked that the Planning Commission make the Livingston County Drain Commission (LCDC) aware they are reviewing this text.

Mr. Hanvey noted the LCDC was part of the process when it was put together.

John Enos will talk with his work associate who put together the language for Green Oak Township to adopt.

John Lowe wants Annette McNamara to invite Ken Recker, Deputy Commissioner to the January 22, 2008 meeting or he may submit any comments in writing.

Jean Root motioned to table General Ordinance – Stormwater Ordinance w/maintenance agreement to the January 22, 2008 agenda as the second agenda item.  Debra Wiedman-Clawson seconded.  Motion carried 4-0.

Board of Trustees memo on Planning Commission priorities for 2008

Jean Root noted that review of Federal Emergency Management Agency (FEMA) proposal and the Stormwater Ordinance are on the list.  These are or have been taken care of and the proposed zoning map is something that should be worked on.

Jean Root motioned to update the zoning map and work on Stormwater General Ordinance.  James L. Anderson seconded.  Motion carried 4-0.

NEW BUSINESS

No New Business.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Mr. Hanvey informed the Planning Commission members the Marion Township Zoning Ordinance may have to be updated to include FEMA involvement.  Also, no mapping has been done south of Coon Lake Road .

John Lowe closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 10:05 p.m.  James L. Anderson seconded.  Motion Carried 4-0.