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MARION TOWNSHIP

PLANNING COMMISSION

 AGENDA and DRAFT MINUTES

REGULAR MEETING

March 28, 2006

7:30 p.m.

CALL TO ORDER:

APPROVAL OF AGENDA FOR:       March 28, 2006 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:    February 28, 2006 Regular Meeting

OLD BUSINESS:

  1. Franklin Knolls of Marion Final Site Plan Review – 40 acres on the east side of County Farm Road north of Black Eagle Valley residential development - Tax ID# 4710-22-100-002
  2. Marion Pines – Final Site Plan Review – 40 acres on the south side of Mason Road and north of the Turtle Creek residential development – Tax ID# 4710-04-200-013 & 4710-03-100-064
  3. Subdivision Control Ordinance (General Ordinance)
  4. Community Waste Water Utility Systems – Proposed Text Amendments:     
  • add a Section 17.31 to Article XVII

  • add item #19 to Section 8.01 E--Uses Permitted by Special Use Permit

  • add item #13 to Section 8.02 E--Uses Permitted by Special Use Permit

  • delete Section 6.30--Private Sewage/Wastewater Treatment Facilities Overlay Zone

  • delete Section 3.02--Definition for Private Sewage/Wastewater Treatment Facilities

  • discussion on deleting from Section 6.27--Wellhead Protection and Hazardous Substance Overlay Zone--Zone "A" prohibited uses item #17

  1.  Proposed Text Amendment Standards for Specific Land Uses--Section 17.16 Group Day Care Homes
  2. Article XX--Section 20.03
  3. Planning Commission Priorities for 2006
  4. Planning Commission Budget Discussion
  5. City of Howell Master Plan Amendment--John Enos to confirm date for joint meeting

NEW BUSINESS:

  1.  Musson Hills South Preliminary Plat Review–Tax ID# 4710-23-200-001  Section 23 – South of East Davis Road and East of D-19

  2.  Text Amendment Request Form – Review & Suggestions

CALL TO THE PUBLIC:

ADJOURNMENT:

                                            DRAFT MINUTES

MEMBERS PRESENT:   John Lowe, Dave Hamann , Jean Root , Jim Anderson, 

                                     Debra Wiedman-Clawson

MEMBERS ABSENT:                 None

OTHERS PRESENT:                  Phil Westmoreland , OHM

David Schroeder, OHM

John Enos, Carlisle/Wortman

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

CALL TO ORDER

John Lowe called the meeting to order at 7:30 p.m.

APPROVAL OF AGENDA

Dave Hamann motioned to approve the agenda as amended.  Jim Anderson seconded.  Motion carried 5-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.

CALL TO THE PUBLIC

None. 

APPROVAL OF MINUTES

February 28, 2006 Regular Meeting:  Jean Root asked to have the following items changed:  page 2, Motion carried 5-0 should be changed to 4-0; page 3 should have a question mark at the end of paragraphs 4 and 12.  Jim Anderson asked to have page 4, paragraph 6, wording changed to five-year operation budget. 

Dave Hamann motioned to approve the minutes as amended.  Jean Root seconded.  Motion carried 4-0-1 abstention.

FRANKLIN KNOLL OF MARION FINAL SITE PLAN REVIEW

John Enos said that he just received a new plan on Monday.  John Lowe asked Pat Keough from Advantage Civil Engineering if it is substantially different from what the Planning Commission members have seen.  Mr. Keough brought revised copies and was hoping for approval with conditions.  Most of the changes are relatively minor.  Mr. Keough said he has approval from the Livingston County Health Department, Road Commission, and the fire department.  The limits of grading have been added to pages 2, 3, 4 and 6.  Mr. Enos asked to have the silt fence coincide with the limits of grading.  Mr. Enos asked for a copy of the wetlands report, and that a list of the permit approval be shown on the cover sheet.  The USCS soil information has been put on the cover sheet.  Eleven additional trees have been added around the detention pond for better screening.  Phil Westmoreland asked for an aerial photograph, and Mr. Keough sent him a 24” x 36” photo.  Mr. Westmoreland asked that a note be added to the drawings stating the soil types are suitable for the septic systems, which was added on sheet 1.  Drawings of the drain outlet have been submitted to the Drain Commission for approval.  Mr. Lowe said that Ken Recker had been out of the office and wasn’t able to review them.  Mr. Westmoreland said they were generally acceptable, and he just wants confirmation.

Mr. Enos provided the Planning Commission with a site plan review letter, and his concerns have been addressed.  However, it’s a matter of process, and the new site plan was just received.  The zoning ordinance also requires Township Board approval.  Mr. Westmoreland said he did receive the new plan, but he hasn’t reviewed it yet because he wanted to look at the same thing the Planning Commission looks at.  It sounds like most issues have been addressed.  The issue of the drainage swale on lots 8 and 9 can be resolved during engineering, as long as Mr. Keough agrees.  Mr. Enos said the applicant has put pedestrian access easements as requested; however, between units 20 and 21, the township may want to require some type of hard surface or gravel so that the residents know that its an easement.  Mr. Westmoreland also noted that the number of lots decreased from 25 to 24 between preliminary site plan review and final. 

Mr. Lowe said he’s concerned about the issue of the changes and how they might affect the township attorney’s review.  Debra Wiedman-Clawson said that page 19 of the Exhibit A still reads 25 lots instead of 24.  Mr. Lowe said there are several items that need to be discussed.  He also said he doesn’t want to set a precedent by granting approval with the last-minute changes.  Ms. Root said she agrees.  Mr. Hamann said he also agrees.    

Jean Root motioned to table Franklin Knoll until the next regularly scheduled meeting.  Dave Hamann seconded.  Motion carried 5-0.

MARION PINES FINAL SITE PLAN REVIEW

Mr. Lowe told the applicants that the township attorney hasn’t received all of the documents for review.  Greg Petru from Kebs, Inc. was contacted and he said he would have their attorney contact the township attorney.  Karl Forell said he thought all of the documents had been received.  Priscilla Watts said she spoke with the zoning administrator on March 6 and she was told that everything was in that she needed. 

Jean Root motioned to table Marion Pines until the next regularly scheduled meeting.  Jim Anderson seconded.  Motion carried 5-0.

MUSSON HILLS SOUTH PRELIMINARY PLAT REVIEW

Debra Wiedman-Clawson excused herself from discussion on this item.  Jim Barnwell from Desine, Inc. was present on behalf of this project.  The property is located south of Davis Road and west of D-19 and is approximately 100 acres.  The property is divided by Marion #3 county drain.  Wetlands delineation was done and there are substantial wetlands through the center of the property.  The proposal is to develop the south part of the property into 33 platted one-acre lots, with one exception in the southeast corner, which would be a two-acre lot. 

As a platted subdivision, the project would be subject to the Subdivision Control Rules & Regulations, as well as the rules of the township.  The project would have public roads and the drainage system would be dedicated to the Livingston County Drain Commission.  The procedure requires approval of a tentative preliminary plat.  Once tentative preliminary approval is granted, the applicant would obtains all the necessary permits and then come back to the Planning Commission for approval of the final preliminary plat.  Mr. Barnwell has received comments from the township engineer and township planner, and he feels most are technical in nature and will be addressed as the project progresses. 

Mr. Enos reviewed his comments with the Planning Commission, and felt his concerns could be easily addressed.  Mr. Westmoreland from OHM said most of their concerns are pretty minor.  Mr. Lowe asked the LCRC representatives if the issues in their review letter have been addressed.  Mike Crane from the LCRC said they were mostly grading and drainage concerns, which can be resolved.  One comment was made about a protected left-turn lane on D-19; Mike Goral reviewed it and doesn’t feel that a turn lane is necessary.  Mr. Barnwell said one issue he wanted to clarify is they will probably be requesting that sidewalks be placed within the road right-of-way.  Mr. Enos asked if they planned on streetlights.  Mr. Barnwell said probably not internal, just the entrance.  Ms. Root asked about the emergency access to Peregrine Drive , and in the past, the PC required permission to do that.  Mr. Barnwell said they did retain the one foot; it’s on the recorded deed.  He will have Mr. Musson’s attorney check with Mike Kehoe on the language in Lake in the Pines’ Master Deed.  Mr. Musson said he would prefer to have the road connect.  He said the township has two choices:  force them to comply with the Fire Department’s letter and force the road to go through

Mr. Lowe asked when the public hearing should be scheduled.  Mr. Enos said it could be done the same night as the preliminary plat approval. 

Jean Root motioned to recommend conditional approval for the tentative preliminary plat for Musson Hills South, part of Tax ID #4710-23-200-001, to be sent to the Township Board for review and approval, referencing the Fire Department letter dated 3/16/06, LCRC letter dated 3/15/06, Carlisle/Wortman letter dated 3/20/06, and OHM letter dated 3/22/06.  Jim Anderson seconded.  Roll call vote:  Jim Anderson, Jean Root , John Lowe, Dave Hamann —all yes.  Motion carried 4-0.  Debra Wiedman-Clawson returned to the meeting following the vote.

SUBDIVISION CONTROL ORDINANCE

Mr. Enos reviewed the changes that were made.  Mr. Enos said they took the MTA model and combined it with the township’s existing language to make it more user-friendly.  Mr. Kehoe has reviewed the draft. 

Jean Root motioned to send the Subdivision Control Ordinance No. 5, as presented with changes marked, to the Township Board for review and approval.  Jim Anderson seconded.  Motion carried 5-0.

COMMUNITY WASTEWATER UTILITY SYSTEMS

Mr. Enos said his partner is going to be a speaker at the OHM workshop on April 4.  The document is still going through revisions.  Mr. Hanvey’s comments have been incorporated into the draft.  Dave Hamann motioned to table this item until the next.  Jean Root asked for clarification.  Mr. Enos said there are two parts.  There’s a general law ordinance which will govern the administrative process for creating package treatment plants, dictate requirements for special assessments, etc.  The Planning Commission would be responsible for approval under Special Use Permit standards in the residential districts, which will include design standards.  Jean Root seconded.  Motion carried 5-0.

PROPOSED TEXT AMENDMENT STANDARDS FOR SPECIFIC LAND USES—SECTION 17.16

Mr. Enos said the language was approved at a public hearing.  The county approved the language with some suggestions.  The township board had some concerns and returned it to the Planning Commission.  He will discuss with the township supervisor what the specific concerns were.  Mr. Enos said he would provide a revised draft at the next meeting.  Dave Hamann motioned to table this item.  Jean Root seconded.  Motion carried 5-0.

ARTICLE XX—SECTION 20.03

Jean Root motioned to schedule a public hearing on Article XX for the next Planning Commission meeting, April 25, 2006 at 7:30 p.m. , followed by the regular meeting.  Debra Wiedman-Clawson seconded.  Motion carried 5-0.

2006 PLANNING COMMISSION PRIORITIES

Dave Hamann motioned to schedule a Planning Commission Ordinance Workshop for Thursday, May 4, 2006 at 7:30 p.m. , to discuss priorities, budget and private roads.  Jean Root seconded.  Motion carried 5-0.

PLANNING COMMISSION BUDGET DISCUSSION

No discussion on this item.

CITY OF HOWELL MASTER PLAN AMENDMENT

John Enos said that Paul Streng would contact John Lowe early in May to schedule a meeting. 

TEXT AMENDMENT REQUEST FORM

The Planning Commission reviewed the form Annette McNamara submitted.  Discussion was held on the fees for text amendments , rezonings, etc.  Mr. Enos will talk with Mr. Kehoe regarding fees.  Dave Hamann motioned to approve the Text Amendment Request Form as presented.  Jean Root seconded.  Motion carried 5-0.

CALL TO THE PUBLIC

Charlie Musson, 333 Triangle Lake Road :  Mr. Musson said if the township is going to get into the business of private roads, the Planning Commission should recommend to the Township Board that the engineer confirms that the drainage system is set-up the same way that the LCRC is setting it up. 

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 10:07 p.m.   Jean Root seconded.  Motion carried 5-0.

 

 

 

 

 

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