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MARION TOWNSHIP

PLANNING COMMISSION

AGENDA and DRAFT MINUTES

REGULAR MEETING

July 27, 2010

7:30 p.m.

 

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA FOR:   July 27, 2010 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:    June 22, 2010 Public Hearing

                                                         June 22, 2010 Regular Meeting  

OLD BUSINESS:

  1. Baruzzini Special Use Permit review – located in the Rural Residential District on the south side of Combine Court – Tax ID # 4710-28-200-040 – 3069 Combine Court – proposed use; Commercial Kennel
  1. Proposed Amendment – Section 6.12 item F - Height Requirement Exceptions
  1. Set public hearing for proposed amendments to Master Plan at August 24, 2010 meeting

NEW BUSINESS:

CALL TO THE PUBLIC:

ADJOURNMENT:


                                  DRAFT MINUTES

 

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

JEAN ROOT, SECRETARY

JIM MURRAY

BOB HANVEY

 

MEMBERS ABSENT:                   JERRY SIDLAR, VICE-CHAIR

 

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN L. ENOS, CARLISLE/WORTMAN & ASSOCIATES

LES ANDERSEN, TRUSTEE

SCOTT LLOYD, TRUSTEE

PAULA WYCKOFF , TREASURER

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

CALL TO ORDER

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

PLEDGE TO FLAG

APPROVAL OF AGENDA

The Chestnut lawsuit and Planning Commission By-Laws were added to the agenda.  Jean Root motioned to approve the July 27, 2010 regular meeting agenda as amended.  Jim Murray seconded.  Motion Carried 4-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  Jerry Sidlar was absent.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Jim Barnwell, 183 Pless Drive ; asked if there will be an opportunity for public questions.

Ted Baruzzini wanted clarification as to whether this is an additional public hearing.

John Lowe noted that the public will have an opportunity to make comments with a three minute limit.

John Lowe closed the call to the public.

APPROVAL OF MINUTES

June 22, 2010 Public Hearing minutes

Bob Hanvey noted page two of five combine the first and second sentence with ‘and’ and add ‘the application shall be approved’ at the end.  Page four of five the word ‘know’ should be replaced with ‘knock’.

Jean Root motioned to approve the June 22, 2010 public hearing minutes as amended.  Jim Murray seconded.  Motion Carried 4-0.

June 22, 2010 Regular Meeting minutes

Jean Root motioned to approve the June 22, 2010 regular meeting minutes as submitted.  Jim Murray seconded.  Motion Carried 4-0. 

OLD BUSINESS

Baruzzini Special Use Permit review – located in the Rural Residential District on the south side of Combine Court – Tax ID# 4710-28-200-040 – 3069 Combine Court – proposed use; Commercial Kennel

John Enos addressed the Planning Commission members.  This application has been discussed for the past two months.  The use should be allowed if it meets the criteria of Section 16.0-5 A #1 thru #11 and the specific standards provided.

Ted Baruzzini noted to the Planning Commission members that he attempted to move the operation south on his property yet came too close to the easement.

Jim Barnwell, 183 Pless Drive ; what about the information provided by the residents?

John Enos noted the applicant has met the requirements.  If there is a violation to the conditions of the permit, the permit can be revoked.

Jean Root asked questions about where the dog urine will go if the kennel is washed down.

Ted Baruzzini explained and noted the Livingston County Department of Environmental Health (LCDEH); Robert Paul has approved the process.  If he installs a sink, then the LCDEH will require he hooks into his septic field.

Jean Root has done research into kennels and is not satisfied with the process.  If Marion Township approves then she feels they are telling the township residents it is OK under poor conditions.

Discussion ensued on soil conditions and hot and cold running water for the kennel.

John Lowe asked the applicant to at a minimum add more pea stone around the building along with a disinfectant.

Jean Root asked if the kennel will be heated and air conditioned.

Ted Baruzzini answered yes.

The Planning Commission reviewed the conditions of the special use permit and requested minor changes.

Andrea Wallen, 3145 New Holland Drive ; she has issues with the dogs urinating on the grass and cars traveling on the gravel road.

Jim Barnwell, 183 Pless Drive ; reiterated issue previously resolved.  He asked if the number of dogs allowed includes the ones owned by the applicant.

The answer is yes.

Mike Kollath, 3144 Combine Court ; he asked if the Board of Trustees could remove the easement and have the kennel moved south.

Bob Hanvey answered the Board of Trustees does not have the authority to do that.

John Lowe asked the applicant if he would pursue this.

Ted Baruzzini answered he can look into it.

Jean Root addressed the items in Section 16.05 A

  1. It is the opinion of the Planning Commission; this is not creating any use not provided for in the Master Plan.
  1. It is the opinion of the Planning Commission; the structure constructed will be of a residential nature.
  1. It is the opinion of the Planning Commission; the use and structure are in accordance with the surrounding area.
  1. It is the opinion of the Planning Commission; in the Rural Residential district all residents are allowed these structures.
  1. It is the opinion of the Planning Commission; special conditions have been attached to the permit that address these issues
  1. It is the opinion of the Planning Commission; the use meets all Zoning Ordinance requirements including attachments to the special use permit.
  1. It is the opinion of the Planning Commission; by adding additional landscaping and screening there will be no disruption of plants and trees.
  1. It is the opinion of the Planning Commission; site plan review with attachments regarding run off.
  1. It is the opinion of the Planning Commission; there will be no flashing or intermittent lights.  There will be downward shielded lights and is included in the conditions.

Jean Root motioned to send the Baruzzini request for a Commercial Kennel Tax ID#4710-28-200-040 to the Board of Trustees with the following attached.

  1. Site plan dated 7-27-10
  2. Carlisle/Wortman Associates, Inc. review letter dated 6-15-10
  3. Mike Kehoe review letter dated 6-15-10
  4. LCDEH letter dated 5-5-10 (information filtered thru Annette McNamara)
  5. Conditions of Special Use as amended at the meeting tonight
  6. The kennel be temperature controlled
  7. The kennel will have full screening
  8. The medicine will be kept in the applicant’s home, not in the kennel

Jim Murray seconded.  Jean Root amended the motion to include; the Planning Commission is recommending approval of the Site Plan.  Jim Murray seconded.  Roll Call Vote: Jim Murray-yes, Jean Root-no, John Lowe-yes, Bob Hanvey-yes.  Motion Carried 3-1.

Jean Root motioned to recommend approval of the Special Use Permit for the Baruzzini Kennel Tax ID#4710-28-200-040 to the Board of Trustees.  Jim Murray seconded.  Roll Call Vote: Jim Murray-yes, Jean Root-no, John Lowe-yes, Bob Hanvey-yes.  Motion Carried 3-1.

Proposed Amendment – Section 6.12 item F - Height Requirement Exceptions

Jean Root motioned to send Section 6.12 F to the Livingston County Department of Planning and if there are no significant comments send on to the Board of Trustees for review and approval/denial.  Jim Murray seconded.  Motion Carried 4-0.

Master Plan – set a public hearing

Jean Root motioned to hold a public hearing for the Master Plan on September 28, 2010 @ 7:20 p.m.  Jim Murray seconded.  Motion Carried 4-0.

Planning Commission Rules & Procedure – final review/adoption

The Planning Commission members are satisfied with the changes made.

Jean Root motioned to accept the Planning Commission Rules & Procedures as submitted.  Jim Murray seconded.  Motion Carried 4-0.

NEW BUSINESS

Chestnut Law Suit

Bob Hanvey updated the Planning Commission members on the outcome of the trial.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

No response.

John Lowe closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 9:15 p.m.  Jim Murray seconded.  Motion Carried 4-0.