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                                                  MARION TOWNSHIP

                               PLANNING COMMISSION

                            AGENDA and DRAFT MINUTES


APPROVAL OF AGENDA FOR:     February 28, 2006 Regular Meeting


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

APPROVAL OF MINUTES FROM:   January 24, 2006 Regular Meeting


1)     Small Way Private Road Site Plan Review – Tax ID# 4710-05-100-002 – 

Section 5 – South of Mason Road and East of Amos Road

2)     Subdivision Control Ordinance (General Ordinance) – discussion only

3)     Private Sewage/Waste Water Treatment Facilities – discussion item

4)     Planning Commission priorities for 2006

5)     City of Howell Master Plan Amendment – John Enos to confirm date for joint meeting

6)     Planning Commission budget discussion


1)     Marion Station Retail Center Preliminary Site Plan Review – 

Tax ID# 4710-01-300-021-  Section 1 – North of Francis Road and East of D-19

2)     International Transmission Company – Madrid Station Site Plan Review – 

Tax ID# 4710-18-300-022 - Section 18 – North of Coon Lake Road and 

West of Pingree Road



                                 DRAFT MINUTES



                                         DAVE HAMANN

                                         JIM ANDERSON

                                         JEAN ROOT, SECRETARY                                        

ABSENT:                           DEBRA WEIDMAN-CLAWSON


                                         ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                         PHIL WESTMORELAND,   ORCHARD, HILTZ & MCCLIMENT

                                         JOHN ENOS, CARLISLE/WORTMAN

                                         MIKE KEHOE, MILLER, KEHOE AND ASSOCIATES



The meeting was called to order at 7:36 p.m.


Jean Root requested the agenda be amended as follows. 

Ÿ         New Business, agenda item #2 International Transmission Company be removed from the 


Ÿ         Old Business, agenda item #3 Private Sewage/Waste Water Treatment Facilities be moved up 

to item #2. 

Ÿ         Item # 6 Planning Commission budget discussion be tabled until Debra Weidman-Clawson 

is present.

Dave Hamann motioned to approve the February 28, 2006 Planning Commission agenda as 

amended.  Jim Anderson seconded.  Motion Carried 4-0. 


John Lowe, Jean Root, Jim Anderson, and Dave Hamann were present.  Debra Weidman-Clawson

was absent 


None heard.


Jean Root would like the following to be added to agenda item Article XX discussion. The 

proposed text will separate rezoning requirements and zoning ordinance text amendment 

requirements.  Dave Hamann motioned to approved the January 24, 2006 Planning Commission

regular meeting minutes as amended.  Jean Root seconded.  Motion Carried 5-0.

Jean Root would like to see the word “NONE” inserted next to absent.  Dave Hamann motioned to 

approved the October 25, 2005 Planning Commission public hearing minutes as amended. 

Jim Anderson seconded.  Motion Carried 4-0. 


Small Way Private Road Site Plan Review

John Lowe reference Mike Kehoe letter dated February 28, 2006 approving the Private Road 

Maintenance Agreement.

Jack Lowe asked Mike Kehoe if the water and sanitary sewer easements were referenced in the 

Private Road Maintenance Agreement.

Mike Kehoe answered yes.

John Enos summarize the Carlisle/Wortman review letter dated February 20, 2006, recommending 

approval with conditions. The conditions included and easement to protect trees along the eastern 

side of the road, showing side setbacks and legal descriptions.  John Enos discussed the flag lot 

off of the cul-de-sac and it meets zoning ordinance requirements.

Moving the cul-de-sac ten feet to the west to allow for saving existing trees and additional trees to

be planted was discussed and the applicant agreed.

The Planning Commission members, Phil Westmoreland and the applicant discussed the two 

alternatives for materials to be used for a gravel road.  Six inches of sand along with six inches 

of 21 AA limestone or meeting the Michigan Department of Transportation (MDOT) specification 

of six inches of sand and six inches of 21AA crushed concrete minus the wire content.

Jean Root asked the Planning Commission members if they were comfortable with the jog in the

north lot line of lot #2 to avoid the existing accessory structure.  The Planning Commission 

members agreed the lot line should be straightened out.  The applicant agreed to amend the site

plan to reflect this request.

Jean Root motioned to recommend final approval of Small Way Private Road tax

ID# 4710-05-100-002 with the following conditions.

1.        Recommendations in Carlisle/Wortman review letter dated 2-20-06.

2.        Orchard, Hiltz & McCliment review letter dated 2-21-06 with one exception, the surface of the

 private road, two options are available.  Option #1 is a six inch sand base with six inches of 

21AA limestone or a six inch sand base and meeting the MDOT crushed concrete minus wire 


3.       Move cul-de-sac ten feet to the west within road right-of-way to protect existing trees and add 


4.        Adjust/straighten north lot line of lot #2.

Jim Anderson seconded.  Motion Carried 4-0.

Private Sewage/Waste Water Treatment Facilities

John Enos summarized the history of Community Wastewater Utility Systems and recent legislation 

allowing local zoning laws to regulate these private systems also called package treatment plants. 

Carlisle/Wortman is developing a two-fold strategy to regulate private systems.

This would include a General Law Ordinance to regulate the financial logistics and responsibility of

the systems.  It would protect Marion Township and require that the township attorney and 

engineer do a careful review.  From a legal standpoint making sure the homeowners association

is responsible and also Marion Township having a financial process in place in the event of a failure

 and other specific requirements related to that.  This is a legal document on how these would be 


Carlisle/Wortman would be more involved in the second phase, which would be regulating the 

system under a Special Use Permit.  Carlisle/Wortman is proposing this be a special use in the 

Rural Residential (RR) or Suburban Residential (SR) districts.  When a private system is applied for

they would go through a public hearing process and a site plan review process.  These 

requirements ties in with the Livingston County Drain Commissioners Office (LCDC) requirements. 

Orchard, Hiltz & McCliment would also be involved in the review process.  Marion Township would 

then have a set of standards for reviewing and if they felt these standards were not being met the 

application could be denied.

Jack Lowe asked is the LCDC design standards booklet will be referenced in Marion Township text?

John Enos answered no specifically referencing their booklet, yet did refer to their standards.

Jack Lowe asked is that sufficient?

John Enos answered when applied for the LCDC will need to give final approval on the project and

they would be using their booklet at that time.

Jack Lowe noted that over 40 homes the LCDC no longer has authority and it is turned over to the

State of Michigan.

John Enos stated Marion Township would still have review authority with the Special Use Permit 

and protect ourselves financially under the General Law Ordinance.

Jack Lowe would like to know the State of Michigan Standards.

Phil Westmoreland said at that point it becomes a regular waste water treatment plant.  When 

someone refers to a package treatment plant they are referring to a system that discharges to 

surface water or ground water whatever is permitted by the Michigan Department of Environmental

Quality (MDEQ.)

Jean Root asked if the MDEQ regulate the appearance or just the function.

Phil Westmoreland they only regulate the function.

John Enos noted that is what Marion Township will do with the Special Use Permit.  No matter the 

size of the development. the number of units served and who is regulating it, Marion Township 

will still have a say in the aesthetics due to the Special Use Permit.

The Planning Commission members would like the following amended in the proposed text for 

Section 17.32 Community Wastewater Utility Systems.

Ÿ         Include in the intend portion that there will be no bonus in density by using this system. 

Ÿ         Section A, item #2, systems proposed as a part of a Planned Unit Development in RR, PUD’s 

are not allow in the RR district.  Open Space Preservation is the option in RR district. 

Ÿ         In Article XVII there is no Section 17.31, the number assigned to Community Wastewater 

Utility Systems should be changed to 17.31.

John Enos will make the changes.

Phil Westmoreland asked John Enos and Mike Kehoe if the proposed text has clarified if the system

fails who be the responsibility party, Marion Township or the LCDC?  If Marion Township is the 

responsibility party then they have a argument to be involved in the engineering standards.  The 

LDCD standards may have to be tweaked.  Phil Westmoreland wants to make sure Marion 

Township can use the same types of equipment as in current pump stations.  Make sure this is 

covered will help Marion Township maintain and replace equipment in the future.

John Enos reiterated text from Community Wastewater Utility Systems General Ordinance, 

Section 3.2 - Requirements for approval and said he can add language to make that more clear.

Mike Kehoe noted the MDEQ has strict language as part of the agreement which requires two years 

into the operation there has to be a fund in place for five years of operation and that fund can 

never be depleted below the five years.  If it is depleted then they automatically have do put back

in whatever is need to bring it up to the amount.  Provisions in the event of a default, they may 

put it back on the township not the LCDC.  Mike Kehoe would insist on language that would allow

the township the right to inspect at anytime, the right to access the property at anytime, copies of 

any and all reports filed with the MDEQ are automatically filed with the township.  He would like to

make sure the proposed text address these issues of comparable equipment.

Jack Lowe would like language that sets up the special assessment district during the site plan 

review process when there is one owner, the developer.  It gets more complicated when a 

homeowner association is involved.

Mike Kehoe noted in the condominium documents he will require language that provides consent 

is already given for the establishment of a special assessment district.

John Enos will add this along with more specific failure language to the Community Wastewater 

Utility Systems General Ordinance.

John Enos suggested that he and Phil Westmoreland develop a flow chart on the number of units 

and the steps of approval.

Charlie Musson asked the Planning Commission members if this applies to new development only. 

Will a new community system in an existing development be review in the same process as a new 


John Enos and Mike Kehoe will research adding language to cover that scenario.

Jim Anderson asked if there was language for monitoring.

John Enos answered yes in an executed agreement approved by Marion Township.

The Planning Commission members reviewed the LCDC failure chart and associated costs.

John Enos will also research deleting Section 6.30 Private Sewage Waste Water Treatment Facilities

 and the definition associated with that.  The Planning Commission members do no want a window

 where Marion Township will not be allow review a process.  John Enos will also change the 

reference to publicly owned to municipally owned and operated in the text.  John Enos would like

to have a public hearing set as soon as possible.  Maybe at the next meeting.

Jean Root asked about a formal request to Carlisle/Wortman to initiate deleting Section 6.30 and

the definition.

Dave Hamann asked the zoning administrator if she had made any progress on developing a form 

to request a zoning text amendment.  He stated as long as we formally set up a process where the

request for creating the new 17.32 to address Community Wastewater Utility Systems is becoming

an initiation of work effort by the Planning Commission and our consultants.

Jean Root motioned for John Enos to submit amended text for the March 28, 2006 Planning 

Commission meeting.  Dave Hamann seconded.  Motion Carried 4-0.  

The Community Wastewater Utility Systems General Ordinance will be sent to the Board of 


Mike Kehoe left the meeting at 8:50 p.m.

City of Howell Master Plan Amendment

The City of Howell Planning Commission Chairperson, Paul Streng has just returned from an 

extended vacation.  They were waiting for his return to schedule a joint meeting.  John Enos 

should have a date by the March 28, 2006 Planning Commission meeting.  No action taken.

Subdivision Control Ordinance (General Ordinance)

Dave Hamann reminded the Planning Commission members he had made a motion at the 

February 9, 2006 Board of Trustees meeting that the Planning Commission has sixty days to 

finalize the proposed text and send it to the Board of Trustees for their review and approval.  

The text submitted for the March 28, 2006 Planning Commission meeting must be ready to send 

to the Board of Trustees.

Jean Root motioned to table until March 28, 2006.  Jim Anderson seconded. 

Motion Carried 4-0.

Planning Commission Priorities for 2006

No discussion.  No action taken.


Marion Station Retail Center preliminary Site Plan Review

Ron Jona gave a presentation summarizing the proposed development and addressed township

consultants review letters.  The neighboring Fraternal Order of Eagles has placed a new sign in an 

easement assigned for that purpose in an area of Marion Stations parcel that was designated for 

the Marion Station fore bay.  The proposed sign for Marion Station also sat at that corner.  

Ron Jona is proposed moving the Marion Station sign at the south entrance off of D-19.  

The Planning Commission members agreed consider this and have further discussion during final


The detention pond is also within the sanitary sewer easement.  Phil Westmoreland does not see

this as a problem for future maintenance and told the Planning Commission members it can be a 

policy decision to keep it as is.  Ron Jona will look at moving the entrance and detention pond 

fifteen feet to the east. 

Carlisle/Wortman Associates, Inc. has suggested in their review letter dated February 17, 2006 to 

align the proposed entrance off of Schroeder Park Drive with the entrance to Howell Auto.  

The applicant stated this is impossible due to the grade. 

Discussion ensued on eliminating the Schroeder Park Drive entrance and widening the entrance off 

of D-19.  John Lowe had concerns regarding the stacking of cars during the busy hours.  

Ron Jona will consider this and bring alternative entrance drawings to the next meeting he 

presents at.  It must be sized with phase two of the development in mind.  The Livingston County

Road Commission (Livingston County Road Commission) future plans for D-19 and how the 

development fits into this was discussed.

Screening between the proposed development and the Crossroads Apostolic Church was discussed 

and it was decided to not provide screening.

John Enos would like to see a building profile in the final review stage and asked the applicant to

consider an easement for future walking path/sidewalks.  Ron Jona stated this would require a

MDEQ permit.

Phase two use was discussed.  Ron Jona thought this may be a drive through bank.


None heard.


Dave Hamann motioned to adjourn the meeting at 9:45 p.m.  Jim Anderson seconded.  

Motion Carried 4-0.