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MARION TOWNSHIP

PLANNING COMMISSION

PROPOSED AGENDA

REGULAR MEETING

May 23, 2006

7:30 p.m.

CALL TO ORDER:

APPROVAL OF AGENDA FOR:         May 23, 2006 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:    April 25, 2006 Regular Meeting

                                                  April 25, 2006 Public Hearing

OLD BUSINESS:

  1. Premier Farms Planned Unit Development – Discussion Only - Board of Trustees to attend meeting
  2. Proposed Text Amendment Standards for Specific Land Uses - Section 17.16 Group Day Care Homes
  3. Article XX – Section 20.03
  4. City of Howell Master Plan Amendment – John Enos to confirm date for joint meeting  
  5. Proposed amendments to comply with Michigan Zoning Enabling Act Public Act 110 of 2006

NEW BUSINESS:  

   1.     Article IV – Section 4.06  - Performance Guarantees for Compliance

CALL TO THE PUBLIC:

ADJOURNMENT: 

                            DRAFT MINUTES

 

MEMBERS PRESENT:    JOHN LOWE, CHAIRPERSON

DAVE HAMANN, CO-CHAIRPERSON

                                      JEAN ROOT, SECRETARY

                                      JIM ANDERSON

 DEBRA WEIDMAN-CLAWSON

 

MEMBERS ABSENT:       NONE

                                               

OTHERS PRESENT:    ROBERT W. HANVEY, SUPERVISOR

                                  ANNETTE MCNAMARA, Z. A.

                                  PHIL WESTMORELAND, O, H & M

                                  PAUL SIERSMA, 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.  Jim Anderson seconded.  Motion carried 5-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves. 

CALL TO THE PUBLIC

None heard 

APPROVAL OF MINUTES

Jean Root motioned to approve the April 25, 2006 Planning Commission regular minutes as amended.  Debra Wiedman-Clawson seconded.  Motion carried 5-0.

Dave Hamann motioned to approve the April 25, 2006 Planning Commission public hearing minutes as amended.  Debra Wiedman-Clawson seconded.  Motion carried 4-0. 

PREMIER FARMS PLANNED UNIT DEVELOPMENT

Mr. Janeck made a presentation for the Premier Farm owners William Anest and Peter Anest of Circle Land Company.  He described the property and said that they have been paying a substantial amount of the money for REU’s that were purchased when the development first began.

John Lowe opened the call to the public.

Jean Root asked how changes will be made if the developer goes with a different plan.

Mark Janeck said they have to abide by our current ordinance.

Paul Siersma said the plan looked good to him, when will you go to the next level?

Mark Janeck said he is meeting right now with Phil Westmoreland of Orchard, Hiltz & McCliment, Inc. and the Howell Schools .  Work will be done through local engineers plus a Chicago based engineering firm.  We are looking for approval in nine months to one year.

Annette McNamara asked Paul Siersma which Planned Unit Development (PUD) Ordinance the applicant has to follow. Paul Siersma said current PUD ordinance would supercede the previous one.

Mr. Hanvey asked what has changed on the site plan since the first submittal.

Debra Wiedman-Clawson noted previously the applicant rushed to submit under the PUD ordinance that has since been revised.  Had they waited they would have had to show a parallel plan which costs more money.

Jean Root asked about the small triangle of property that was planned for a fire substation is that still the plan?

Mark Janeck answered yes. They plan on working with the township on that.

Jean Root asked would the infrastructure be private or public and will there be separate associations or one association for the entire development?

Mark Janeck said it would be mostly interior private roads with a few public roads on the perimeter of the site.  He would like to keep the association at 100-150 in size with maybe a master association over the entire development.

Jim Anderson asked about the build out time frames?

Mark Janeck said 10 years for 2000 homes, so possibly 200 constructed per year.  They will start at the north end of the development and moving south.

Jeff Grainger, 2988 W. Coon Lake Road , during the public hearing there were questions, how will those get passed along to the Planning Commission and Board of Trustees?

Annette McNamara answered that she has nine pages of public comment that will be brought back to this Planning Commission and the Board of Trustees.

Travis Hodge, 1345 N. Alstott asked what the size of the triangle parcel is and where are the wetlands?

Mark Janeck answered the triangle is approximately 900 feet by 150 feet deep and the wetlands are in the northeast portion of that piece.

Phil Westmoreland stated that there is quite a bit of wetlands, how will you handle the approval process?  Will you seek the Michigan Department of Environmental Quality (MDEQ) approval first or Marion Township approval first?

Mark Janeck said they are planning to have the wetlands delineated.  The plan is to stay away from high quality wetlands and use low quality wetlands for detention ponds.  He stated that they want to work with Marion Township regarding the best use for the wetlands.

The Planning Commission asked the Board of Trustees to request clarification from Mike Kehoe, Township Attorney on which PUD to use; the zoning ordinance in place at time of submittal or the current ordinance.

Mark Janeck is of the understanding the conceptual has been approved which means they move on to preliminary review/approval.

The Board of Trustees closed their meeting at 8:30 p.m.  The Planning Commission continued with their regular meeting.

PROPOSED TEXT AMENDMENT STANDARDS FOR SPECIFIC LAND USES - SECTION 17.16 GROUP DAY CARE HOMES

The Planning Commission reviewed the text submitted by Carlisle/Wortman in relationship to the comments from the Board of Trustees and Livingston County Department of Planning.  The members are satisfied with the changes.

Jean Root motioned to forward Section 17.16 to the Board of Trustees for review and approval/denial.  Debra Wiedman-Clawson seconded.  Motion Carried 5-0.

PROPOSED TEXT AMENDMENT ARTICLE XX - SECTION 2.03

The Planning Commission would like Carlisle/Wortman to separate the zoning amendment requirements from the rezoning requirements.

Jean Root questioned the requirement in Section 20.03 B; it states the Planning Commission secretary submits the documentation to the Board of Trustees for their review. 

Annette McNamara thinks the Planning Commission Policy and Procedures turns that responsibility over to her.  She will review the policy to make sure.

The Planning Commission would like Mike Kehoe, Township Attorneys opinion in writing by the June 27, 2006 regular meeting.  They would like to know; is it necessary to follow the text amendment process and hold a public hearing when a resident is requesting a text amendment.

Jean Root motioned to table Article XX Section 20.03 to the June 27, 2006 regular meeting.  Jim Anderson seconded.  Motion carried 5-0.

CITY OF HOWELL MASTER PLAN AMENDMENT

A meeting has been scheduled for Wednesday, July 12, 2006.  The time and place will be chosen by the City of Howell and they will contact Marion Township .  Carlisle/Wortman Associates, Inc. will develop an agenda and submit all supporting documentation to Marion Township for distribution to the Planning Commission members.

PROPOSED TEXT AMENDMENT TO COMPLY WITH MICHIGAN ZONING ENABLING ACT - PA 110 OF 2006

Paul Siersma summarized the proposed text amendments and informed the Planning Commission members the amendments to Article XIII are forthcoming.  Mike Kehoe has requested additional changes to Article V; these will be submitted for the June 6, 2006 public hearing.  Paul Siersma also noted that the Michigan Zoning Enabling Act (MZEA) will become effective on July 1, 2006 even if these amendments have not yet been adopted. 

Dave Hamann questioned the use variance requirements and if they applied to Marion Township .  He questioned if Marion Township has ever granted a use variance. 

The Planning Commission would like Mike Kehoes’ written opinion on whether a use variance was granted in the past and if they have to grant use variances in the future. 

Dave Hamann questioned changes to Article XVIIII in relationship to condemnation of non conforming structures.  The new MZEA in Section 32.08 #3 stated the township has the right to take non-conforming structures by condemnation.

The Planning Commission would like Mike Kehoe written opinion on this also.

Jean Root motioned to request a letter from Mike Kehoe, his opinion on use variances and clarification on the MZEA Section 32.08 #3, and that Carlisle/Wortman make changes to the text based on Mike Kehoes’ opinion for the June 6, 2006 meeting.  Debra Wiedman-Clawson seconded.  Motion carried 5-0.

NEW BUSINESS

PROPOSED TEXT AMENDMNET ARTICLE IV - SECTION 4.06 PERFORMANCE GUARANTEES FOR COMPLIANCE

Planning Commission members reviewed the proposed text amendment and are satisfied.

Jean Root motioned to hold a public hearing for Section 4.06; following the public hearing for Musson Hills South; and a public hearing for Article XIII following Section 4.06.  Debra Wiedman-Clawson seconded.  Motion Carried 5-0.

CALL TO THE PUBLIC

None heard.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 9:15 p.m. Jean Root seconded.  Motion carried 5-0.