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MARION TOWNSHIP
SPECIAL JOINT MEETING
TOWNSHIP
BOARD, ZBA AND PLANNING COMMISSION
AGENDA and DRAFT MINUTES
SEPTEMBER
26, 2005
CALL
TO ORDER:
MEMBERS
PRESENT:
MEMBERS
ABSENT:
CALL
TO THE PUBLIC: Agenda
Items Only – 3 minute limit
APPROVAL
OF AGENDA:
September 26, 2005
APPROVAL
OF MINUTES FOR: None
OLD
BUSINESS:
NEW
BUSINESS:
Proposed Text Amendment -
Section 6.20 A Pre Existing Non-conforming Private Roads
Section
8.01 F 6 & 7 – Rural Residential Site Development Requirements
Section
8.02 F 6 & 7 – Suburban Residential Site Development
Requirements
Section
3.02 – Definitions for Landscape Buffers
Section
6.19 B – Access Controls
Section
6.18 F 1 & G – Condominium Projects
CALL
TO PUBLIC:
ADJOURNMENT:
DRAFT MINUTES
MEMBERS
PRESENT:
ROBERT HANVEY, SUPERVISOR
SUE LINGLE, TREASURER
TAMMY L. BEAL, CLERK
DAN LOWE, TRUSTEE
DAVE HAMANN, TRUSTEE
ABSENT:
NONE
OTHERS
PRESENT:
ANNETTE MCNAMARA,
ZONING ADMINISTRATOR
PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT
JOHN ENOS, CARLISLE/WORTMAN
MIKE KEHOE, MILLER KEHOE & ASSOCIATES
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CALL TO
ORDER
The meeting was
called to order at 7:20 p.m.
INTRODUCTION
OF MEMBERS
Robert Hanvey,
Sue Lingle, Tammy L. Beal, Dan Lowe and Dave Hamann were present.
CALL TO
THE PUBLIC
Robert Hanvey
opened the call to the public.
Ken Tyler,
3300 Richardson Road
. Have there been any changes to
the text since the last meeting?
Robert Hanvey
answered minimal changes have been made to the document.
Robert Hanvey
closed the call to the public.
APPROVAL
OF MINUTES
None heard.
OLD
BUSINESS
Proposed
Text Amendment - 6.20 A Pre-Existing Non-Conforming Private Roads
Robert Hanvey
noted the proposed text is to provide residents with a safe route to
get home.
He questioned
the definitions in the text and said they can be interpreted in many
ways. He asked
Mike Kehoe if a
private road does not have a maintenance agreement, is it
pre-existing
non-conforming.
Mike Kehoe answered yes.
Residents from
Pheasant Run attended the meeting to clarify their current situations
in relationship
to the proposed
text.
Discussion on
Public Act 188. PA 188
spells out a method for calculating homeowners cost for
special
assessment. The township
uses a different method for calculating.
Allocation of cost per
PA 188 does not
go along with proposed Section 6.20 A.
Which takes precedence?
Mike Kehoe
answered PA 188. A
homeowner could protest this and take it to the tribunal.
Mike Kehoe
agreed to look into PA 188.
Phil
Westmoreland explained the engineering standards.
The criteria covers different situations,
gives the
township a starting point. There
are too many variables, all the roads are different, and
one set of
standards will not cover each one.
This gives the Planning Commission a starting point
and provides
flexibility.
Sue Lingle
questioned page 1 of 9 the last sentence, fee in the amount of
twenty-five percent of
total costs.
Isn’t the township responsible for 8%?
Mike Kehoe
answered, this is a different situation.
If they agree to 25%, then the township gets
25%.
John Enos will
make the following changes to the document and submit to the
Planning
Commission.
Page 8 of 9, the
private road maintenance agreement template, item #12 remove this text
and
replace with the
existing text in Section 6.20.
Page 2 of 9,
subsection C d, make clear this is for newly created lots.
Page 4 of 9,
subsection F, remove the word
New Private Road
in the second sentence.
Page 4 of 9,
subsection G, delete “without evidence of an approved land division
and at least
twenty-one days
prior to the meeting date for which the applicant requests
consideration” and
replace with
“subject to approved land division.”
Page 5 of 9,
subsection J, change wording to read, anything pre-existing
non-conforming, a lot of
record does not
apply.
Dan Lowe does
not agree with the proposed language that requires a property owner at
the
beginning of a
private road to upgrade the entire road to get a land use permit.
He does not think
this is fair.
Timber
Bluff Site Condominium Development
Marion
Township
has been receiving complaints about
vehicles accessing the Timber Bluff
development
through the emergency access that connects to
Pleasant Lake Rd.
Marion
Township
approved shrubs along
Pleasant Lake Rd.
to keep non-emergency vehicles from
using the
access. The developer has
not planted the shrubs yet. Robert
Hanvey asked the group
if there were
any objections to a gate in place of the shrubs.
Discussion
ensued. All agreed on
Robert Hanvey asking the Howell Area Fire Authority which
they preferred.
A representative of
Marion
Township
will then meet with the developer to work
out a solution.
Proposed
Text Amendment - Section 8.01 F 6 & 7 - Rural Residential -
Site
Development Requirements
Proposed
Text Amendment - Section 8.02 F 6 & 7 - Suburban Residential
-
Site
Development Requirements
Proposed
Text Amendment - Section 6.18 F 1 & G - Condominium Projects
Proposed
Text Amendment - Section 6.19 B - Access Controls
Proposed
Text Amendment - Section 3.02 - Definitions - Landscape Buffers
The above five
proposed text amendments were discussed.
Dave Hamann
reiterated to the group the reason for using the 25’ greenbelt
buffer in area
calculations.
If a homeowner changes the character of the buffer in any way
and the township
wants to enforce
the natural state it must be made a part of the Exhibit B drawings.
Debra
Wiedman-Clawson stated if the area is cleared it is up to the
homeowners association to
pursue, not the
township.
Robert Hanvey
would like to know how the State of
Michigan
defines noxious.
All agreed to
send the five text amendments to Mike Kehoe for his review and
comment. The
proposed
amendments along with comments will then be sent to the Board of
Trustees for their
review &
approval/denial.
NEW
BUSINESS
None heard.
CALL TO
THE PUBLIC
Ken Tyler, 3300
Richardson; Ken Tyler reiterated concerns previously discussed.
ADJOURNMENT
Sue Lingle
motioned to adjourn the meeting at 10:08 p.m.
Debra Wiedman-Clawson seconded.
Motion
Carried 4-0. The
meeting was adjourned at 10:35 p.m.
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