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MARION TOWNSHIP

PLANNING COMMISSION

AGENDA and MINUTES

February 21, 2012 @ 7:30 p.m.

 

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA FOR:  February 21, 2012 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:  November 22, 2011 Regular Meeting

OLD BUSINESS:

1)        John Enos & Mike Kehoe review & comment  – Land Division General Ordinance  

NEW BUSINESS:

1)        Proposed rezoning – Harger Cemetery , 3514 Pinckney Road - 4710-23-200-007 – rezone 2 acres Marion Township purchased in September 2009 from Rural Residential to Public Lands  

2)        Delete Marion Township Engineering Standards reference in;

a.      Article VI General Provisions, Section 6.20 Private Roads Section 6.20 D, 6.20 D #3 & 6.20 I

b.      Article XVIII Site Plan Review Requirements; Section 18.08 & 18.09

3)        Discussion on Right to Farm and Farming requirements in Zoning Ordinance

CALL TO THE PUBLIC:

ADJOURNMENT:

MINUTES

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

                                                JERRY SIDLAR, VICE-CHAIR

JEAN ROOT, SECRETARY

BOB HANVEY

JIM MURRAY

MEMBERS ABSENT:                   NONE

OTHERS PRESENT:                    JOHN L. ENOS, CARLISLE/WORTMAN & ASSOCIATES

ANNETTE MCNAMARA, ZONING ADMINISTRATOR

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

CALL TO ORDER

John Lowe called the meeting to order at 7:32 p.m.

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

Jean Root motioned to approve the February 21, 2012 regular meeting agenda. Jerry Sidlar 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.

There was no response.

John Lowe closed the call to the public.

APPROVAL OF MINUTES

November 22, 2011 Regular meeting minutes

Jean Root motioned to approve the November 22, 2011 regular meeting minutes as presented.  Jim Murray seconded.  Motion Carried 5-0. 

OLD BUSINESS:

John Enos & Mike Kehoe review & comment  – Land Division General Ordinance

John Enos and Mike Kehoe reviewed and discussed the Land Division General Ordinance and summarized their conclusion in a memo dated November 28, 2011.  John Enos and Mike Kehoe are in agreement that issues related to bulk regulation and other zoning requirements do no take precedence of the State Land Division Act which our general law ordinance mirrors. Marion Township cannot prohibit a split of a parcel of land if it meets the lot area and the required length to width ratio of 4 to 1, even if it creates a lot with an accessory structure and no principal structure.

The Planning Commission members discussed the contents of the memo.

Bob Hanvey said he is frustrated.  He referenced a recent Court of Appeals case opinion stating a township can enforce an ordinance that is more restrictive than the Land Division Act.  Bob Hanvey sent this to Mike Kehoe and gave the Planning Commission members a copy of the email response from Mike Kehoe.  The best idea is to try and maintain the integrity of the Zoning Ordinance.

No further action to be taken on this agenda item.

NEW BUSINESS

Proposed rezoning – Harger Cemetery , 3514 Pinckney Road - 4710-23-200-007 – rezone 2 acres Marion Township purchased in September 2009 from Rural Residential to Public Lands

This property was purchased by Marion Township and is contiguous to the existing Harger Cemetery. The parcel needs to be rezoned from Rural Residential to Public Lands District.

The Planning Commission members asked Les Andersen if he is still interested in rezoning the portion of his property north of Jewell Road that is zoned Suburban Residential.  Les Andersen and his father own property south of Jewell Road that is zoned Rural Residential.

Les Andersen told the Planning Commission members that he hasn’t made a decision yet.

Discussion ensued on other parcels within the Suburban Residential district that are currently being farmed and a parcel in Rural Residential that the owner would like to have rezoned to Suburban Residential.  If the parcel in Rural Residential is rezoned, then it would be similar in density to the parcels and developments that are just to the north.

Jean Root motioned to table the rezoning of the Harger Cemetery addition Tax ID# 4710-23-200-007; until the regularly scheduled April 24, 2012 meeting so other possible rezoning cases can be reviewed.  If they are not ready by the regularly scheduled April meeting, the Harger Cemetery rezoning will be held until the others are ready.  Jim Murray seconded.  Motion carried 5-0.

Delete Marion Township Engineering Standards reference in; Article VI General Provisions, Section 6.20 Private Roads Section 6.20 D, 6.20 D #3 & 6.20 I Article XVIII Site Plan Review Requirements; Section 18.08 & 18.09

John Lowe said that the Marion Township Engineering Standards state that the Livingston County Road Commission standards for construction shall be met.

Annette McNamara would like to have a document that states such.

John Lowe and Annette McNamara will work to resolve this and bring it to the next Planning Commission meeting.

Jean Root motioned to table until the next Planning Commission meeting. Jerry Sidlar seconded. Motion carried 5-0.

Discussion on Right to Farm and Farming requirements in Zoning Ordinance

There have been numerous Court of Appeals decisions on Right to Farm cases, published and unpublished, that conflict with the requirements of the Marion Township Zoning Ordinance.  Annette McNamara is asking the Planning Commission members for direction, should the Zoning Ordinance be amended or should the Planning Commission wait for the State of Michigan to make changes to the Right to Farm Act.

The Planning Commission members discussed the possibilities, and received input from Les Andersen.  Les Andersen has attended meetings held by the Farm Bureau Mutual Insurance Company along with a workshop at the January 2012 Michigan Township Association Annual Meeting.  Farm Bureau is involved in the Right to Farm and supports farmers within Michigan when they run into zoning issues.

Annette McNamara will work with Mike Kehoe to identify requirements within the Zoning Ordinance that are in direct conflict with the Right to Farm.

No action taken on this agenda item.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

The City of Howell submitted amendments to their Master Plan for review and comment.  Comments are due by March 8, 2012. 

Bob Hanvey questioned the need for a loop road if the Latson Interchange is built.  The Commissioners discussed the options of a loop road.  They also discussed the impact to Marion Township residents if the proposed amendments were adopted.

The Planning Commission members all agreed to make the City of Howell officials aware of Marion Township ’s Planning Commission members concerns.  John Lowe will contact Paul Streng for an informal discussion and ask him for direction. 

Jean Root would like to see the concerns put into writing.  Annette McNamara will make sure the concerns are in writing and sent to the City of Howell .

John Lowe spoke with Phil Westmoreland recently to ask if the ‘no compete clause’ with Orchard, Hiltz & McCliment, Inc. is still in effect.  Phil Westmoreland said the clause is no longer in effect and he is currently working in Rochester Hills for Spalding DeDecker.  John Lowe would like to research changing engineering consultants. Phil Westmoreland served Marion Township well and the current Orchard, Hiltz & McCliment, Inc. representative is not an active participant, like Phil was.

John Lowe closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 9:20 p.m.  Jerry Sidlar seconded.  Motion Carried 5-0.