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MARION TOWNSHIP AGENDA and DRAFT MINUTES Planning Commission 1-10-2005 CALL
TO ORDER: MEMBERS
PRESENT: MEMBERS ABSENT: CALL TO THE PUBLIC: APPROVAL OF AGENDA: APPROVAL OF MINUTES FOR: OLD
BUSINESS:
NEW BUSINESS: Comprehensive Plan Review and Adoption Private Road Discussion and other matters that may come before the Board CALL
TO PUBLIC: ADJOURNMENT:
MEMBERS PRESENT:
JOHN LOWE, CHAIRPERSON
JEAN ROOT, SECRETARY
JIM ANDERSON
DAVE HAMANN
DEBRA WIEDMAN-CLAWSON ABSENT:
NONE OTHERS PRESENT:
ROBERT W. HANVEY,
SUPERVISOR
ANNETTE MCNAMARA, ZONING ADMINISTRATOR
KRISTEN LUNDEEN, ORCHARD, HILTZ & MCCLIMENT
JOHN ENOS, CARLISLE/WORTMAN
MIKE KEHOE, MILLER, KEHOE & ASSOCIATES ****************************************************************** CALL TO ORDER The meeting was called
to order at 7:30 p.m. APPROVAL OF
AGENDA Jean Root motioned to approve the agenda as presented. Dave Hamann seconded. Motion Carried 5-0. INTRODUCTION OF
MEMBERS The Planning
Commission introduced themselves. CALL TO THE
PUBLIC No response. APPROVAL OF
MINUTES Debra Wiedman-Clawson should be removed Members Present. Dave Hamann motioned to approve the October 18, 2004 Special Meeting minutes as amended. Jim Anderson seconded. Debra Wiedman-Clawson
abstained. Motion Carried
4-0. Jean Root noted a question she had asked regarding the 425 agreement and how long it had been in place. Robert Hanvey had answered that it was put in effect in 1987 for a length of 50 years. This should be added to the minutes. Dave Hamann motioned to approve the December 13, 2004
Regular Minutes as amended. Jim
Anderson seconded. Motion Carried
5-0. John Lowe asked Mike Kehoe if a 425 agreement is made between a city and a township, can the township still retain
credit for the zoning of the property that is annexed. Mike Kehoe stated yes you can have a 425 contain any information and would have to be set up initially.
General guidelines are in place. John Lowe asked if a
425 could be amended. Mike Kehoe
answered yes. Debra Wiedman-Clawson
asked if anyone had been invited to the City of being held tonight and
if anyone new the purpose of the meeting. Robert Hanvey answered they are meeting tonight to decide if counsel will accept the sewer REU’S from Marion
Township
or if the applicants buy their own REU‘S. OLD BUSINESS Comprehensive
Plan - Review Revisions John Enos informed the Planning Commission that he and Mike Kehoe worked on additional Mobile Home Park language to insert into the Comprehensive Plan. John Enos read Future Land Use Plan and Objective
Mobile Home Park language. Kathleen Kline-Hudson
adjusted the language that John Enos had sent her. Debra Wiedman-Clawson
asked if the adjacent municipalities need to review? Mike Kehoe was
comfortable with not sending it out for review. Dave Hamann asked if a complete/final copy has been submitted to the township and if so, is it reasonable to adopt without seeing the completed document? Annette McNamara said no. Mike Kehoe feels the Planning Commission should see a complete (clean copy) document prior to adoption. Dave Hamann asked Annette McNamara to get a clean copy for the Planning
Commission to review. document, include in the motion a directive that it be circulated to the appropriate agencies as required by law. The Planning Act does require that after its adoption it be submitted to the same agencies that reviewed it.
The motion
should make reference to that as well. Annette McNamara asked
to include in the motion that the original mailing list be used. Dave Hamann motioned to table the Comprehensive Plan along with latest revisions. Annette McNamara will request a final copy from Kathleen Kline-Hudson, (without the adoption date) for adoption at the January 25, 2005 meeting. Jim Anderson seconded. Motion
Carried 5-0. Private Road
Discussion John Lowe read two letters, one from Tammy Beal dated January 20, 2004 and one from Sue Lingle dated
September 12, 1996. a private road (due to
a land division) or would that be trespassing? on how the legal
description was laid out. To the center of the road or to the road right of
way. Deed restrictions were
discussed and the fact that the township cannot enforce deed restrictions. John Lowe suggested that the township set up standards that have to be met prior to a land division - as long as
the road met the standards of when it was built, then you can have the split.
Discussion on a land division and not issuing a land use permit because the lot does not meet the zoning ordinance. May have to create a general law ordinance, which would be retroactive. We should craft language on these pre-existing
non conforming private roads. existing private roads
that were built to specifications and have fallen into disrepair. Debra Wiedman-Clawson reiterated the residents need to take responsibility for their own roads and maintenance
agreements. The residents feel
it is the township's responsibility. Dave Hamann thinks as soon as you set up a road classification, you are taking on the responsibility for the roads and the business of road commission. You have to set up the specs for each class, enforce them at each class and maintain and identify each year at each class because they will change over time. from 1960 to now. The grave thickness or road right-of-way hasn’t changed. Ask the resident to provide the standards for the year it was built and an engineer to verify it meets the standards for that year.
We let them know that this is what we expect. Jim Anderson asked if
we can require a Private Road Maintenance Agreement. Charles Musson said when he was involved, they required a road maintenance agreement recorded with the Register of
Deeds before they approved a land division. With the previous administration in the township, in the ordinance and with the assessor, there was a procedure that would enforce when a resident requested a split on a private road without an agreement on the deed for the road. That resident would be the beginning of starting a deed restriction for a
private road. Yes but how else are you going to do it. Eventually you get enough people that you have your 51% and you can take
the others to Circuit Court. John Lowe verified that we can only require a maintenance agreement for the new splits, it would be to high of a standard to ask that they get the maintenance agreement from the rest of the people. Mike Kehoe answered it would be difficult to require, he is not certain it is too high a standard. Trying to ensure well maintained roads and cost is fairly borne among the property owners. If they want additional splits and additional burdens then they all have to pay. May preclude the majority of roads from future splits. Perhaps more reasonable approach that from here on everyone that derives an additional
split has to sign the maintenance agreement. Sooner
or later you get to the 51%. John Enos said we have zoning to protect the health safety and welfare and we allow splits on roads that once met standards, allowing further splits without upgrading, we are not doing our duty as planners. not anybody has signed agreements to that affect it is on a private road if they put together the necessary signatures
and bring it to the board it could happen. Jim Anderson we are proposing 51% on the agreement and special assess the rest, that is not going to guarantee that is
going to happen. homeowners great. input.
John will also ask his contacts in Commission to get something going. If there are problems then you can go back and make changes. care of the entire
road or only your portion. document that is used
as leverage down the road. the owner on the
agreement would have. the road up to the standards of date of build, request that a majority of owners sign a maintenance agreement, yet will accept the new parcels only, a signature sheet showing they attempted to get existing owners to sign. Mike Kehoe and John Enos to develop language for the certified letter we would require land
owners to use when contacting the residents on their private road. The Planning Commission discussed the denial of a land use permit on a road that was built in the 1930’s. Does the township have to allow if the standards were say 33’ wide roads. Mike Kehoe stated the crucial questions is when the parcel was created was it a legal parcel. If it was the township has a problem
with stopping a land division or land use permit. You also have to look at the zoning ordinance in place when the road was built. If the ordinance allowed and it was legal to have a 33’ access, then you have a problem if you deny them building on the parcel. Charlie Musson stated
the zoning ordinance was adopted in 1959. Discussion on placement of language within the zoning ordinance, will the pre-existing non-conforming private roads be addressed in Section 6.20 or Article XVIIII. Mike Kehoe suggested a sub section in
Section 6.20. at 7:30 p.m.
John Enos and Mike Kehoe will
work on language for Section 6.20. develop language for private roads and submit text for the next Special Meeting to be held February 15, 2005 at
7:30 p.m. Jean Root seconded.
Motion Carried 5-0. NEW BUSINESS Amend November
10, 2004 minutes Jean Root motioned to amend the November 10, 1004 Comprehensive Plan public hearing minutes to show John Enos was
not present. Debra
Wiedman-Clawson seconded. Motion
Carried 5-0. CALL TO THE
PUBLIC Jean Root asked the Planning Commission members of they would like to add another member when the number of
Board members is increased. hearing for Independence Agency requirements for the Planning Commission information. He also reminded the Planning Commission that the Family Independence Agency will have stringent requirements for a pre-school. sign the Contractual
Zoning Amendment Legislation. ADJOURNMENT Dave Hamann motioned to adjourn the meeting at 10:10 p.m. Debra Wiedman-Clawson seconded. Motion Carried 5-0.
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