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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.

Discussion

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 Howell Council Meeting

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 REUíS

from Marion Township or if the applicants buy their own REUĎS.

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. Mike Kehoe directed the Planning Commission, when they do adopt the 

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. John Lowe asked if it was legal for one resident to upgrade

a private road (due to a land division) or would that be trespassing? Mike Kehoe stated it depended

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. John Enos stated the assessor should not allow a division that cannot be built on.

May have to create a general law ordinance, which would be retroactive. We should craft language

on these pre-existing non conforming private roads. John Lowe said we still have the problem of the

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.  John Lowe there has been three changes on road width in the county standards

from 1960 to now. The grave thickness or road right-of-way hasnít 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. Jim Anderson asked if they are responsible for the entire 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. Adverse possession was discussed.

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. Jim Anderson asked what the pitfalls of special assessments were.

The law provides a way to challenge a special assessment, but also if you get the 51% whether or

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. Mike Kehoe suggested saying majority in place of 51%.

John Lowe what we are doing at this point is just all new parcels. If they can get the other

homeowners great. John Enos suggested talking to the Livingston County Road Commission for

input.  John will also ask his contacts in Washtenaw County . Dan Lowe urged the Planning

Commission to get something going.  If there are problems then you can go back and make

changes. Robert Hanvey asked if you were the only owner in the agreement do you have to take

care of the entire road or only your portion. Dave Hamann answered this is just creating the

document that is used as leverage down the road. Discussion ensued as to how much responsibility

the owner on the agreement would have. John Lowe reiterated we would ask new owners to bring

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

1930ís.  Does the township have to allow if the standards were say 33í 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 33í access, then you have a problem if you deny them building

on the parcel. Dan Lowe suggested knowing what ordinances were in place when.

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. The next Special Meeting will be on Tuesday, February 15, 2005

at 7:30 p.m. John Enos and Mike Kehoe will work on language for Section 6.20.

Dave Hamann motioned to table Private Road discussion.  Mike Kehoe and John Enos to discuss and

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. John Enos acknowledged the upcoming public

hearing for Creative Discovery Pre-School and passed out the State of Michigan Family

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. John Enos informed the Planning Commission they are expecting the governor to

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.