and DRAFT MINUTES
April 12, 2007
CALL TO ORDER:
APPROVAL OF AGENDA FOR:
April 12, 2007 Joint Meeting
INTRODUCTION OF MEMBERS:
CALL TO THE PUBLIC:
Agenda Items only – 3 minute limit
APPROVAL OF MINUTES FROM:
Premier Farms Planned Unit
Development – Conceptual Site Plan Comparison
CALL TO THE PUBLIC:
JOHN LOWE, CHAIRPERSON
DAVE HAMANN, CO-CHAIRPERSON
JAMES L. ANDERSON
E. ROOT, SECRETARY
MCNAMARA, ZONING ADMINISTRATOR
JOHN ENOS, CARLISLE/WORTMAN
PAUL SIERSMA, CARLISLE/WORTMAN
DAVID SCHROEDER, ORCHARD, HILTZ & MCCLIMENT
CALL TO ORDER
Jack Lowe called the meeting to order at 7:07 p.m.
APPROVAL OF AGENDA
Dave Hamann motioned to approve the April 12, 2007
joint meeting agenda as amended. Debra
Wiedman-Clawson seconded. Motion
INTRODUCTION OF MEMBERS
The members of the Planning Commission introduced
themselves. Jean Root was
CALL TO THE PUBLIC
James Simmons, 2808 Black Eagle Ridge; Gave his
background working for municipalities and township wide garbage pick up.
He offered the Board of Trustees a copy of a contract they used for
garbage pick up. There are
advantages, the residents can write this off of their taxes and they save
money when everyone uses one service.
He spoke of the disadvantages; the Board of Trustees will get phone
calls at home if the job is not done right.
Mr. Hanvey asked if the penalties were too strong.
James Simmons responded; they are common in
Discussion ensued between the residents about whether
they want township wide pick up or not.
Les Anderson spoke with many residents who think there
is an opt out clause. He spoke
with Alchins and there are two options the township can use.
One is forced pick up and the other is to opt out.
Iosco Township used the forced pick up and as a result are paying
the Clerk to come one more day a week to take care of billing and
complaints. The forced pick up
is the same price as the senior citizen rate and the township puts in an
APPROVAL OF MINUTES
No minutes to approve.
Farms Conceptual Plan Discussion
introduced himself to the audience. He
explained the Planned Unit Development (PUD) process then gave a history
of the Premier Farms project. Around
1999, 2000 the applicant and
did an extensive amount of work prior to approving the Premier Farms
conceptual plan. Approximately
5 years have gone by and the applicant is coming back to Marion
with a plan that has slight changes from the approved plan.
As the planner for Marion
he reviewed the revised plan and found it to be substantially compliant.
The plan preserves natural features, provided the family units
proposed in the first plan and meets the spirit of the PUD ordinance.
He does believe the plan will lose several units. If the Board of Trustees agrees then the applicant moves on to the
preliminary plan. At that time
the Planning Commission, Board of Trustees, local and state agencies will
review the plan. If the
preliminary plan is approved then they move on to the final plan. The final plan will be more detailed and will again be reviewed by
the Planning Commission, Board of Trustees, local and state agencies.
The Planning Commission reviewed this conceptual plan and found it
to be in substantial compliance.
4630 Cedar Lake Road; has there been a review of the viability of the project?
Town Commons on M-59 has been sold off in auction.
This may not be what this area needs.
noted that Marion
will ask the applicant to provide a market analysis.
5757 Lange; the new proposal has increased density and the land donated
for a school has been decreased.
Hanvey responded the number of units is not fixed at the conceptual
stated 2,300 units are allowed with the underlying zoning, the unit
proposed is below the number allowed.
no address; will a variance be required for each house?
Hanvey answered the PUD language does not provide for variances.
5757 Lange; will this effect the amount of water I get from my well?
Hanvey explained that the aquifer can provide for all, we are now using ¼
of the projected capacity.
Williams, 5118 Hinchey; introduced himself to the audience, he is our
county commissioner. He wants
to clarify to everyone, since the article in the local paper indicating a
widening and reconfiguration plan for the Burkhart I-96 interchange.
The article in the paper was misleading; the only work to be done
is resurfacing. There has been
no formal study done by Michigan Department of Transportation and they do
understand it is a safety issue.
asked John Enos to explain to the audience the lack of ability on the part
of the township to force the developer to provide off site improvements.
stated some states require the off site improvements be done prior to the
implementation of the project,
does not. He told of the
Arrowhead Subdivision law suit, the township tried to force the developer
to pay for off site improvements, the developer sued the township and won.
Pennala, 4024 Emily Court; has conceptual approval been given?
answered yes; there is no time limit on conceptual approval, preliminary
and final there are time limits.
asked John Enos to show the changes that have been made to the conceptual
summarized the differences; the 15 acres set aside for the school is
reduced to 10 acres. More open
space has been added and the buffering around the development has
increased. There is now 100+
acres of significant open space. The
senior and multi-family areas have been moved.
5480 Norton Road; is this good for the township?
Hanvey answered the State of
gave townships the authority by PA 110 Michigan Zoning Enabling Act with a
PUD component that must be allowed. The
does not give the township the ability to deny if the application meets
told the residents the Marion Township Comprehensive Plan has this area
planned for Suburban Residential (SR).
If this were conventionally developed under the SR zoning they
would be allowed 2,300 homes.
no address; at one time this was a farm why can’t it stay a farm?
Hanvey answered economic viability. If
the owner wants to continue to farm he can, if he wants to develop he can.
no address; will the senior housing be low income.
question cannot be answered at this time.
Dunn, 893 Hurley, what good is a master plan, when a developer wants to do
something he threatens to sue the township and the township folds.
Hanvey advised the residents that
is currently in court with both Marion Oaks and Red Hawk Landing.
Just because they threaten to sue the township does not fold.
Barnwell; told the residents he has been involved with the project for
some time. This plan is
consistent with the Marion Township Comprehensive Plan; the applicant is
not taking the township to court for 3,000 homes, he submitted a plan that
is allowed. He went on to give
a history of the site.
Hanvey said there has been no request to rezone the property.
333 Triangle Lake Road; asked what kind of PUD this is.
answered an overlay district.
3355 Jewell; is the town center going to be Marion
town center? Can he use the
commercial that sits at the site?
Hanvey answered no it will not be the center of Marion
and yes all residents can use the commercial and open space in the
109 Amos; are there plans to pave Amos?
Janeck addressed the residents’ questions.
He stressed he will be here for at least 4 more meetings.
It has taken 1 year, working with the township and their
consultants to decide if this conceptual plan is in substantial
compliance. He is looking for
an affirmation from the Board of Trustees and realizes he has a lot of
work to do. He would like the
residents to know the following.
they planned to align
Cedar Lake Road
and Amos, they have since come up with a better plan
site has increased from 15 acres to 20 acres
underlying zoning allows 2,300 homes on this site, he is asking for less
area and wetlands have been preserved with the new plan
plan the open space placement has changes, now there is more acreage and
accessibility to the open space
be a 200’ to 250’ buffer between the major roads and homes
be public utilities (sewer and water) thus no impact on homeowners wells
sewer is environmentally as opposed to septic fields
100 acres of wetland on the site; they will impact 3 acres of wetlands
hired a firm to do a traffic study and they are ¾ of the way complete
recognizes there will be necessary road improvements.
will have to be paved; he wants the site to be accessible and attractive
Is it good
? It was made by
and their consultants when they put together the Marion Township
Comprehensive Plan. Also, by
when they approved the conceptual plan
This is a
great development for what could be, this is the only kind of development
that will leave large areas of open space for all residents to use.
no address; will you leave an area for a fire station?
Janeck answered yes.
no address; how will the open space area be maintained if the developer
does not finish the project?
Janeck answered there is a letter of credit to finish public improvements.
There will be a master home owners association and smaller home
owners association under the umbrella of the master association.
This will be done by phases, not all open space and road networks
will be completed at once.
Hanvey asked John Enos what criteria he used to determine substantial
answered he reviewed the plan verses the criteria in the PUD ordinance.
Hanvey asked what the consequences are if the developer proceeds to the
preliminary stage. What is
cast in concrete from approving the conceptual?
answered that the houses are placed where the bubbles are, the number of
units and the road layout won’t change.
Hamann noted the Board of Trustees has a copy of the current PUD
ordinance; this plan was submitted under the old PUD ordinance and should
be reviewed under that ordinance. Under
the old PUD a conceptual plan was optional.
If the applicant has to start at square one there will be
additional steps in the process.
Wiedman-Clawson informed the residents that the old PUD ordinance is not
web site and asked if this could be put on the web site.
asked Mike Kehoe if this plan is to be reviewed under the old PUD or the
current PUD ordinance.
is bound by conceptual approval granted under the old PUD ordinance.
He only sees 1 or 2 exceptions and thinks they are almost
identical. The current PUD
ordinance requires a conceptual plan and parallel plan.
Pennala, 4024 Emily Court, asked someone to explain phasing.
Barnwell showed the phasing plan which starts at the North end of the
Hanvey wants the residents to check the cable channel (channel 18), the
web site or call the
hall to find out when Premier Farms will be on an agenda.
cannot do a mailing or advertise in the newspaper.
wants to reiterate the commercial area is for all residents to use.
It was planned for so people do not have to drive into town for
every little thing.
Wiedman-Clawson wants the residents to know this commercial area is within
the wellhead protection area and the businesses that can locate are
limited by that. No gas
stations or dry cleaners.
No new business.
CALL TO THE PUBLIC
Dave Hamann motioned to adjourn the meeting at 8:50
p.m. Debra Wiedman-Clawson
seconded. Motion Carried