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Zoning Ordinance

Printed from http://www.genoa.org/meetings/boardminute/1439
on May 4, 2011 at 4:20am.

Board of Trustees Meeting on October 18, 1999

The Genoa Township Board Meeting type: Regular
Date: October 18, 1999
Time: 7:00pm

Agenda:

1. Presentation of the independent 1998-1999 audit of the Township by Ken Palka of Pfeffer & Hanniford.

A. Consideration for approval of the audit as submitted.

B. Consideration of a three-year contract with Pfeffer and Hanniford as recommended by the Administrative Committee.

2. Request for approval of a resolution for gaming licenses issued by the Michigan Lottery for the Brighton Optimist Club Foundation of Livingston County, Inc. as requested by Ron Ernst.

3. Request for approval of a resolution for dance-entertainment permit to be held in conjunction with a proposed 12 Month resort Class C licensed business to be located at 4084 E. grand River, Howell, MI 48843, Genoa Township, Livingston County (Step II) for Mesquite, Inc. II/Mr. Michael Hamilton.

4. Request for final approval of the final plat for Pebble Creek Subdivision located on 57.6 acres off Hacker Road in Section 12: Desine/Inc. Jim Barnwell.

5. Request for approval of a special use permit, impact assessment (09-10-99) and site plan (10-12-99) for a proposed Home Depot at the corner of Grand River and Grand Oaks, west of Latson petitioned by Greenberg Farrow, as recommended by the Planning Commission 09-27-99.

A. Disposition of special use permit for outdoor storage.

B. Disposition of impact assessment.

C. Disposition of site plan.

6. Request for approval of a special use permit, environmental impact assessment (06-24-99), and site plan (10/12/99) for a proposed 3,200 sq. ft. Kentucky Fried Chicken restaurant at 3768 East Grand River, 0.9 acres, Section 05, petitioned by Lawrence Rybo/Ashor Associates, as recommended by the Planning Commission 10-11-99.

A. Disposition of special-use permit for a drive-thru.

B. Disposition of impact assessment.

C. Disposition of site plan.

7. Request for approval of a special-use permit, impact assessment (10/12/99), corresponding to site plan (9/27/99) for a proposed 6084 square foot Paint Shop, located at Grand Oaks West Industrial Park, south of Grand River, east of Chilson, petitioned by King/Lindhout, as recommended by the Planning Commission 10-11-99.

A. Disposition of a special-use permit for outdoor storage.

B. Disposition of impact assessment.

C. Disposition of site plan.

8. Request for approval of a special-use permit, impact assessment and site plan (10/13/99) for a proposed Lowe's Home Improvement Retail Store at southern portion of Phase I at Livingston Commons at the southwest corner of Latson and Grand River Avenue, petitioned by RG Properties, as recommended by the Planning Commission on 10-11-99.

A. Disposition of a special-use permit for outdoor storage.

B. Disposition of impact assessment.

C. Disposition of site plan.

9. Request for approval of Resolution No. 5 (to approve the Project) for Lake Edgewood Water Project of 1999.

10. Review of the quarterly report and consideration of an amendment to the General Fund Budget for fiscal 1999-2000.

11. Review of Township Newsletter as prepared by Skolarus.

12. Request for reaffirmation of the sewer/water rates for the township utilities.

Minutes:

A regular meeting of the Township Board was called to order by Supervisor Murray at 7:00 p.m. at the Genoa Township Hall. The Pledge of Allegiance was then said.

The following Board members were present constituting a quorum for the transaction of business: Robert Murray, Paulette Skolarus, Robin Hunt, Jean Ledford, Gary McCririe, Craig Jarvis and Kathy Robertson. Also present were Township Manager Michael Archinal, Township Attorney Rick Heikkinen and approximately fifteen persons in the audience.

Moved by Ledford, supported by Robertson, to approve the Agenda with the addition of item 12 A request for approval to increase the tap fees for Genoa Oceola from $3100.00 to $3500.00. The amended agenda was approved unanimously.

A Call to the Public was made with no response.

1. Presentation of the independent 1998-1999 audit of the Township by Ken Palka of Pfeffer & Hanniford.

Palka commended the township on the excellent financial position and care given in taking care of the records of the township.

A. Consideration for approval of the audit as submitted.

Moved by McCririe, supported by Robertson, to approve the audit as submitted. The motion carried unanimously.

B. Consideration of a three-year contract with Pfeffer and Hanniford as recommended by the Administrative Committee.

Moved by Ledford, supported by McCririe, to approve the three-year contract with audit fees at $16,000.00, $16,450.00 and $16,900.00 as recommended. The motion carried unanimously.

2. Request for approval of a resolution for gaming licenses issued by the Michigan Lottery for the Brighton Optimist Club Foundation of Livingston County, Inc. as requested by Ron Ernst.

Moved by Jarvis, supported by Skolarus, to approve the resolution as submitted conditioned upon receipt of a document 501C-3 as provided by the State of Michigan. The motion carried unanimously.

The petitioner was not present when this case was called. Moved by Skolarus, supported by Jarvis, to table until the next regular meeting of the board. The motion carried.

4. Request for final approval of the final plat for Pebble Creek Subdivision located on 57.6 acres off Hacker Road in Section 12: Desine/Inc. Jim Barnwell.

Moved by Ledford, supported by Jarvis, to grant final approval of the final plat as requested. The motion carried unanimously.

A. Disposition of special-use permit for outdoor storage and a building of 121,265-sq. ft. in area.

Moved by McCririe, supported by Jarvis, to approve the special use permit with the following conditions:

1. The petitioner agrees that there shall be no stacking of materials above the fence line in the outdoor storage area.

2. There shall be no storage, display or sales, whatsoever, of any items outside the building or outside the Garden Center.

3. There shall be no storage of trailers; pallets or other similar materials on site except trailers may remain in the truck wells for up to 48 hours.

4. The petitioner shall provide an 8' cement sidewalk (cement or asphalt to be determined) along their entire Grand River frontage with curb cut ramps at the driveways.

5. Any and all racking of materials shall be limited to the interior of the building, except limited racking on the west wall of the Garden Center shall be allowed provided it does not extend above the fence line.

6. The outside storage area shall be limited to live goods, bagged soils, patio materials, Christmas trees, and other similar materials.

7. The public hearing conducted tonight satisfies the conditions contained in the Township zoning ordinance, specifically Section 12.2526, paragraphs a. through h.

The motion carried as follows: Ayes - Murray, Skolarus, Robertson, McCririe, Robertson, Jarvis and Ledford. Nay - Hunt.

B. Disposition of impact assessment.

Moved by Robertson, supported by McCririe, to approve the impact assessment conditioned upon the addition of language regarding dust control measures during construction per the township ordinance. The motion carried as follows: Ayes - Murray, Skolarus, Robertson, McCririe, Robertson, Jarvis and Ledford. Nay - Hunt.

C. Disposition of site plan.

Moved by McCririe, supported by Jarvis, to approve the site plan with the following conditions:

1. Township Engineer review and approval of all plans and specifications.

2. Building materials and colors as presented this evening are acceptable, and shall be present at the time of submission and presentation to the Township Board, and such material boards or copies shall become the property of the township.

3. Petitioner shall bank the following parking areas:

24 spaces in the detention area depicted in the southeast corner of the site behind the Discount Tire Store
24 spaces located on the north side of the building adjacent to Grand River
All of the parking area in the northwest corner of the site (40 spaces)
12 spaces adjacent to the detention area behind the Discount Tire Store (optional)

These areas shall be maintained in grass and shall be installed entirely, or in portions, as determined by the Township Manager that these spaces are needed for use of the site.

4. All light fixtures shall be a shoe-box style with the luminary inside the fixture, permanently fixed at a 90 degree angle to the ground, except the wall pack units above the truck wells are acceptable as depicted.

5. Petitioner shall install landscaping as required in The Strader Group letter of 9/22/99, specifically item "7a."

6. The monument sign on Grand River shall be on a base of no more than one foot (l') above the level of the curb on Grand River at the road. The sign on top of the base shall be no greater than six feet (6') in height.

7. REU calculations for sewer and water shall be determined at a later date by recommendation of the township engineer and staff. Petitioner acknowledges the cost per REU for sewer in the amount of $3,100/REU and water at $3,000/REU.

8. Petitioner acknowledges that any water softener used on the site shall not connect to the township sewer system and may only utilize potassium.

9. Petitioner shall make, and be financially responsible for, any and all Grand River improvements as required by MDOT, and the improvements noted in the 9/24/99 McNamee, Porter & Seeley letter referencing the Traffic Impact Study and improvements to Grand Oaks Drive.

The motion carried as follows: Ayes - Murray, Skolarus, Robertson, McCririe, Robertson, Jarvis and Ledford. Nay - Hunt.

A. Disposition of special-use permit for a drive-thru.

Moved by McCririe, supported by Skolarus, to approve the special-use permit as requested. The motion carried as follows: Ayes - Hunt, Skolarus, Robertson, McCririe, Robertson, Jarvis and Ledford. Nay - Murray.

B. Disposition of impact assessment.

Moved by Robertson, supported by Jarvis, to approve the impact assessment with the following conditions:

1. Hours of operation are 11:00 a.m. to 10:00 p.m., seven days a week.

2. Add dust control language.

The motion carried as follows: Ayes - Hunt, Skolarus, Robertson, McCririe, Robertson, Jarvis and Ledford. Nay - Murray.

C. Disposition of site plan.

Moved by McCririe, supported by Skolarus, to approve the site plan with the following conditions:

1. Township engineer review and approval of all plans and specifications with emphasis on their letter of 9/30/99, requiring the citation of model numbers.

2. Building materials and colors as presented are acceptable and shall be present at the time of submission to the Township Board and become the property of the township.

3. Petitioner shall undertake the necessary tree preservation measures to assure the survival of the two remaining significant trees on the site.

4. The REU calculations are $31,000 for sewer and $30,000 for water subject to final review and audit by the township engineer and staff.

5. Any water softener used on the site shall not discharge into the sanitary sewer system and shall utilize only potassium.

6. The eight-foot sidewalk shall be asphalt.

The motion carried as follows: Ayes - Hunt, Skolarus, Robertson, McCririe, Robertson, Jarvis and Ledford. Nay - Murray.

Murray - Have you ever been cited for any violations in relation to your business: Karl Kiefer (owner) - We have never been cited.

A. Disposition of a special-use permit for outdoor storage.

Moved by Skolarus, supported by Ledford, to approve the special use permit conditioned upon any automobiles stored outdoors shall be there for repair purposes only and at no time shall be on site for the purpose of dismantling or parting out. The motion carried unanimously.

B. Disposition of impact assessment.

Moved by Hunt, supported by Robertson, to approve the revised impact assessment as submitted. The motion carried unanimously.

C. Disposition of site plan.

Moved by McCririe, supported by Jarvis, to approve the site plan with the following conditions:

1. Township engineer review and approval of all plans and specifications.

2. Building materials and colors, as presented, are acceptable and shall be present at the time of presentation to the Township Board, and become the property of the township, including the Polaroid photograph of the back of an existing building depicting how the stack will look on the proposed building.

3. Petitioner acknowledges and accepts the REU calculations for sewer and water as follows: $12,400 for sewer and $12,000 for water, subject to final audit and approval by the township engineer and staff.

4. Driveway spacing as depicted is acceptable.

5. Petitioner shall not have a ground-mounted sign.

6. Light fixtures shall be permanently fixed at a 90-degree angle to the ground.

7. Any water softener on the site shall not discharge into the sewer system but shall only use potassium in lieu of salt.

The motion carried unanimously.

A. Disposition of a special-use permit for outdoor storage.

Moved by McCririe, supported by Ledford, to approve the special use permit with the following conditions:

1. The lumber storage on the rear of the building shall not exceed the height of the fence.

2. Citing provisions contained in Article 12 of the zoning ordinance have been met.

The motion carried as follows: Ayes - Skolarus, Robertson, Jarvis, Ledford, McCririe and Murray. Nay - Hunt.

B. Disposition of impact assessment.

Moved by McCririe, supported by Skolarus, to approve the impact assessment adding language for dust control measures during construction. The motion carried as follows: Ayes - Skolarus, Robertson, Jarvis, Ledford, McCririe and Murray. Nay - Hunt.

C. Disposition of site plan.

Moved by McCririe, supported by Robertson, to approve the site plan with the following conditions:

1. Township engineer review and approval of all plans and specifications.

2. There shall be no truck or delivery traffic utilizing any of the Latson Road entrances proposed to date.

3. Building materials and colors as presented are acceptable and shall be present at the time of submission to the Township Board and become the property of the township.

4. Petitioner shall modify the site plan as to bank the 16 parking spaces on the east property line and agrees that they shall be installed at a time deemed necessary by the township manager.

5. Any water softener used on the premises shall not discharge into the sanitary sewer system and shall only use potassium-based products.

6. The developer acknowledges the formula used by the township for sewer and water REU's and such charges shall be determined by the township engineer and staff at a later date.

The motion carried as follows: Ayes - Skolarus, Robertson, Jarvis, Ledford, McCririe and Murray. Nay - Hunt.

9. Request for approval of Resolution No. 5 (to approve the Project) for Lake Edgewood W ater Project of 1999.

Moved by McCririe, supported by Ledford, to approve resolution No. 5 correcting the date. The motion carried by roll call vote as follows: Ayes - Ledford, McCririe, Hunt, Robertson, Jarvis, Skolarus and Murray. Nay - None.

10. Review of the quarterly report and consideration of an amendment to the General Fund Budget for fiscal 1999-2000.

Moved by Robertson, supported by Ledford, to approve the amendment as submitted. The motion carried unanimously.

11. Review of Township Newsletter as prepared by Skolarus.

It was the consensus of the board to publish the newsletter with minor changes.

12. Request for reaffirmation of the sewer/water rates for the township utilities and to change new connection fees from $3100.00 to $3500.00.

Moved by Skolarus, supported by Jarvis, to reaffirm the sewer rates as submitted. The motion carried unanimously.

Moved by Skolarus, supported by Robertson, to establish a new rate for tap fees for Genoa Oceola effective 12-01-99 for any new and unapproved project users. The motion carried unanimously.

Administrative Business:

Moved by Ledford, supported by Hunt, to approve for payment vouchers totaling $153,774.46 as submitted. The motion carried unanimously.

Moved by Hunt, supported by Robertson, to approve the Minutes of the 10-04-99 public hearing and regular meeting of the board with spelling corrections. The motion carried unanimously.

The regular meeting of the Genoa Township Board was adjourned at 9:10 p.m.

Paulette A. Skolarus

Genoa Township Clerk