REGULAR MEETING

February 26, 2008

CALL TO ORDER:

APPROVAL OF AGENDA FOR:         February 26, 2008 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:   January 22, 2007 Regular Meeting                                                                      

OLD BUSINESS:

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 as a Commercial Stable  

2)  Sample of a proposed General Ordinance - Stormwater Ordinance w/ maintenance agreement

3)     Status of Existing Residential Subdivision District ERS 2

4)     Proposed Text Amendment – Section 3.02 – Definition of Contractor Storage Yard

NEW BUSINESS:

1) Proposed Text Amendment – Article VI – General Provisions

CALL TO THE PUBLIC:

ADJOURNMENT:    

                                DRAFT MINUTES

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

DAVE HAMANN, CO-CHAIRPERSON

JEAN ROOT, SECRETARY

DEBRA WIEDMAN-CLAWSON

JAMES L. ANDERSON                 

MEMBERS ABSENT:                   NONE                                        

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN ENOS, CARLISLE/WORTMAN

LES ANDERSEN, TRUSTEE

                                                ROBERT W. HANVEY, SUPERVISOR

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

CALL TO ORDER

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

APPROVAL OF AGENDA

The proposed text amendment for the Wellhead Protection Area map and discussion on the D-19 Corridor plan was added to the agenda.  Jean Root motioned to approve the February 26, 2008 regular meeting agenda as amended.  Dave Hamann 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.

No response.

John Lowe closed the call to the public.

APPROVAL OF MINUTES

January 22, 2008 Regular Meeting minutes

Dave Hamann motioned to approve the January 22, 2008 regular meeting minutes.  James L. Anderson seconded.  Motion Carried 4-0.  Jean Root abstained.

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 noted there were no comments from the public at the public hearing or by mail.  The Planning Commission can add hours of operation, yet he does not think this is necessary.

Debra Wiedman-Clawson noted out of the two previous requests the Planning Commission had required of one and not the other.

After discussion with the applicants and Mike Kehoe, Township Attorney, the Planning Commission added hours of operation as 5:00 a.m. to 12:00 a.m.

Jean Root motioned to recommend approval for Rolling Hills Ranch Site Plan, Tax ID# 4710-22-400-007 dated 12-27-07.  James L. Anderson seconded.  Roll Call; James L. Anderson yes; Jean Root yes; John Lowe yes; Dave Hamann yes; Debra Wiedman-Clawson yes.  Motion carried 5-0.

Jean Root motioned to recommend approval for Rolling Hills Ranch Special Use Permit, Tax ID#4710-22-400-007, with hours of operation added to item #8, dated 12-18-08.  James L. Anderson seconded.  Roll Call; James L. Anderson yes; Jean Root yes; John Lowe yes; Dave Hamann yes; Debra Wiedman-Clawson yes.  Motion carried 5-0.

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

John Enos told the Planning Commission that this text was created for a community with large scale development.  The text could be tailored down to fit Marion Township . 

The Planning Commission members agreed to simplify the text.  It is important for Marion Township to have the ability to enforce maintenance agreements and perform inspections during the construction.  John Enos will work with Mike Kehoe and Phil Westmoreland to have the revised text to the Planning Commission by March 25, 2008 meeting.

Jean Root motioned to table the Stormwater Ordinance w/maintenance agreement to the March 25, 2008 meeting.  Dave Hamann seconded.  Motion carried 5-0.

Status of Existing Residential Subdivision District ERS 2

Mike Kehoe summarized the reasoning behind the creation of ERS 1 & 2 and believes it should be shown on the map as a district.

Mr. Hanvey asked if that meant all the parcels would have to be rezoned.  Mike Kehoe said he would have to see the final map to answer that question.

Debra Wiedman-Clawson would like the Planning Commission to consider the five year review of the Comprehensive Plan at the same time.

Jean Root would like to have the map in order first prior to adoption they could work on the Comprehensive Plan.

Mr. Hanvey and Annette McNamara will work on the map and have it ready for the Planning Commission to review at the March 25, 2008 meeting.  Mike Kehoe wants to see the map prior to adoption.

Jean Root motioned to table ERS-2, including corrections to the Zoning Ordinance map to the March 25, 2008 meeting for review.  James L. Anderson seconded.  Motion carried 5-0.

Proposed Text Amendment – Section 3.02 – Definition of Contractor Storage Yard

Dave Hamann informed the Planning Commission members of the discussion at the Board of Trustees meeting, which included the applicants’ attorney, Joseph A. Siciliano.

Joseph A. Siciliano told the Planning Commission they are aware of his position.  He has done extensive research and found one community, Lake County , Virginia , with a definition of a Contractor Storage Yard.  The definition was the exact same text as first proposed to the Planning Commission in October 2007.  Joseph A. Siciliano found no limitation to a single entity except here in Marion Township .

John Lowe stated there are potential problems with multiple contractors.

John Enos noted that Contractor Storage Yards are a use permitted by right in the Light Industrial District.

Debra Wiedman-Clawson stated the single entity was put in to clarify the Planning Commissions intent.

Jean Root motioned to send to the Livingston County Department of Planning, Section 3.02 Definition of Contractor Storage Yard dated October 23, 2007.  When returned, forward to the Board of Trustees for approval/denial.  James L. Anderson seconded.  Motion carried 5-0.

Proposed Text Amendment – Section 6.14 – Home Occupations

The Planning Commission members reviewed the Board of Trustees comments and would like the following changes to the text.

Page 1 of 8; remove ‘and telecommuters’ from the opening paragraph.

Page 1 of 8 sub section G, change ‘may’ to ‘shall’

Page 3 of 8 sub section J, change the number eight to twelve

Page 6 of 8 definitions; delete the words ‘clearly customary’

Page 6 of 8 Section 6.07 delete the word ‘business’

Jean Root motioned to send Section 6.14 Home Occupations to Mike Kehoe for review and comment and place on the March 25, 2008 agenda.  James L. Anderson seconded.  Motion carried 5-0.

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

John Enos and the Planning Commission members are satisfied with the proposed text.

Jean Root motioned to send to the Livingston County Department of Planning, Section 6.27 Wellhead Protection & Hazardous Substance Overlay Zone dated January 22, 2008.  When returned, forward to the Board of Trustees for approval/denial.  James L. Anderson seconded.  Motion carried 5-0.

NEW BUSINESS:

Proposed Text Amendment – Article VI – General Provisions

The Planning Commission reviewed the changes and agreed they were extensive. 

Mike Kehoe would like to review and comment one more time.

Charles Musson 333 Triangle Lake Road; on page 8 of 39, Section 6.11, the word lots should be replaced with parcels.

Jean Root motioned to send to Mike Kehoe for review and comment and be placed on the March 25, 2008 agenda.  Dave Hamann seconded.  Motion carried 5-0.

NEW BUSINESS

D-19 Corridor Conceptual Review

John Lowe and James L. Anderson updated the rest of the Planning Commission members on the February 13, 2008 workshop with the City of Howell .  Everyone has been invited to the March 5, 2008 conceptual review of the plan to be held at the Howell Opera House. 

Mike Kehoe suggested that the meeting be posted by Marion Township since there may be a quorum of Planning Commission and Board of Trustees.

John Enos and Jennifer Coe will present options to the Marion Township Planning Commission for future meetings with the City of Howell Planning Commission .

CALL TO THE PUBLIC

John Lowe opened the call to the public.

None heard.

John Lowe closed the call to the public.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 9:40 p.m.  Jean Root seconded.  Motion Carried 5-0.