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Draft minutes MARION TOWNSHIP PLANNING COMMISSION May 25, 2004
MEMBERS PRESENT:
John Lowe, Chairperson
Jean Root
Jim Anderson
Dave Hamann
Debra Weidman-Clawson OTHERS PRESENT:
John Ambrose, Planning Consultant
Phil Westmoreland, Township Engineer
Annette McNamara, Zoning Administrator ****************************************************************** CALL TO ORDER The meeting was called to
order at 7:30 p.m. APPROVAL OF
AGENDA Dave Hamann motioned to approve the agenda for May 25, 2004. Jim Anderson seconded. Motion carried 5-0.
CALL TO THE
PUBLIC Nancy Johnson, 2677
High splits on private roads. She has been told if the road meets Livingston County Road Commission (LCRC) standards or if there is a Private Road Maintenance Agreement (PRMA) the parcel can be split, if not there can be no splits. A parcel on High Meadows Road has been split. The road has existed over 25 years, there is no PRMA and the road does not meet LCRC standards, her husband does all the maintenance on the road and typically does not receive reimbursement. There are two parcels
remaining that can be split, a 7 acre and a 10 acre.
Bob Hanvey, Supervisor stated the assessor inherited a list of approved private roads in the township and High
Meadows Road was on the list, which is how the split went through. John Lowe asked if a
PRMA was also a criteria for approval of a split on a private road. A land division cannot
be denied if it meets state requirements.
A land use permit can be denied. Nancy Johnson is
concerned a 10 acre parcel just went up for sale. Dave Hamann do
property owners own to the centerline of the road? Nancy Johnson answered
yes. Currently there are 18
homes on the road. Dave Hamann questioned
if the other home owners have been asked to contribute. Nancy Johnson answered
at least five times. Township Attorney,
discuss situation with the assessor and get back with Nancy Johnson. APPROVAL OF
MINUTES Debra Weidman-Clawson motioned to approve the minutes dated April 27, 2004 Public Hearing. Jim Anderson seconded.
Motion carried 5-0. Jean Root asked for clarification on; page 2 of 8 current level of service stated as a ‘B’ yet thinks it should be a level ‘C‘? Annette McNamara to check and change. Also; sentence that reads maximum build out at current zoning would be 40 REU’s. Can we clarify the current zoning as Suburban Residential? Dave Hamann motioned to approve the minutes dated April 27, 2004 Regular meeting.
Jim Anderson seconded. Motion
carried 5-0. OLD BUSINESS RZN# 4-03 -
FAMILY GOLF Jean Root motioned to postpone RZN# 4-03 until applicant requests to be placed on the agenda. Jim Anderson seconded.
Motion carried 5-0. FOX MEADOWS John Lowe made reference to a letter from Mike Kehoe, Township Attorney. Clarification regarding the ownership of property at the entrance of development (66’ ingress/egress) and the property to the
east. Legal descriptions and
Condominium documents are conflicting. Steve Morgan agreed these documents were not correct. The changes will be made to have this be an ownership not an
easement. 66’ ingress/egress and the property to the east. He wants to maintain the acreage for his commercial property. Wants to protect himself down the road. When he purchased the property in the Suburban Residential zoning district the minimum requirement to build was 2 acres. The minimum acreage has
since been reduced to .75 acres. remaining property to the east to be owned by the condominium association also. The ordinance states buffering must be placed between the development and the main roadway. No one will maintain this piece of
property to the east. It will create a
non-conforming parcel, a no mans land. Jean Root read from Mike Kehoe’s letter; the township needs to revisit the site plan as your client is selling off road
frontage that would have provided access the homes in this project.
John Lowe responded
applicant is willing to provide ownership not easement. Debra Weidman-Clawson stated this ingress/egress will be used by the commercial establishment and will not have to contribute to the maintenance of the road. This is not fair to the homeowners. This is the issue Mike
Kehoe is addressing in his letter. of retaining acreage for commercial. This property will be residential. Commercial property would have to have direct access to a public road. It will not be counted as commercial, not buildable for commercial and the
property is zoned residential. Phil Westmoreland, Township Engineer stated from a technical standpoint it is OK to have the easement, yet the 66’ and the property to the east becomes a problem. I understand when they purchased the property they needed a two acre parcel and since the zoning has changed, they needed the 66’ road right of way and the 23’ to stay in compliance. Now it is less and they do not need it to maintain
compliance with minimum acreage. under the ownership of
the condominium association. would all be owned by
the Fox Meadows Condominium Association. commercial property
being accessed by the Fox Meadows ingress/egress, would this be possible? That would not be
dealt with now. It would be a
land use issue. Wally Goodman’s
residential property on the corner of Fox Meadows
ingress/egress, and Wally Goodman is excluded from the PRMA. John Lowe asked Phil
Westmoreland if he agreed that the drainage pond being on an easement is
acceptable? Phil Westmoreland
responded, yes. (Exhibit B, Master Deed & By-Laws) showing ownership of the 66’ & 23’ strip of property to Mike Kehoe for his review
and comment prior to sending to the Board of Trustees. Steve Morgan asked the motion include the quick claim of the property after the board approves it. He would hate to transfer the property and have the board find another issue. He then agreed to have this done prior
to the board meeting. John Ambrose stated if the board were to approve it subject to any land use permits being issued for a home they would have to have everything complete. A land balancing permit would not be issued until all
requirements are met. contingencies. on the closing documents being finalized before, yet now, it is an issue getting this. Jean Root summarized from the motion from the March 23rd meeting. It included; John Ambrose letter, township engineer letter, the final review and recommendation of closing documents and the association by-laws to Mr. Kehoe in time for the Board of Trustees review on or before April 5, 2004. has approved, the board then acts on it. If they approve it they can go ahead and record it. They can make their
approved subject to the filing of documents. Jean Root motioned to recommend approval of the amended final site plan for Fox Meadows, Tax ID# 4710-05-200-043, on the following conditions. The 66’ ingress/egress and 23’ to the east of the Goodman property be deeded to Fox Meadows Condominium development. The Master Deed and association By-Laws and closing documents, which will include the legal description for Fox Meadows and Wally Goodman’s property to be reviewed and approved by Mike Kehoe, Township Attorney prior to sending to the Board of Trustees. Dave Hamann seconded. Motion carried 5-0.
Dan
Depner of Boss Engineering gave a presentation on the revised layout for the numerous variances required with the last plan, Mr. Ward hired Boss Engineering to revise the plan and reduce the number of variances. In the fall of 2003, Mr. Ward and a representative from Boss Engineering requested and attended a pre-application meeting with the township. Suggestions were made and a Department of Environmental Quality (DEQ) permit was required prior to submitting for site plan review. As the plan stands now, two variances would be necessary. One for the length of the road—it is 2,385 linear feet. The second variance would be radius on centerline of roadway. Livingston County Road Commission (LCRC) will need further review. Mr.
Ward pointed out that the LCRC has approved the design of the Lake
Road
, directly across from the Sundance Meadows entrance. letter of May 10, 2004. Mr. Ambrose added an additional variance would be required for the barn on lot 9, which would become a non-conforming structure. Mr. Ambrose proposed approval of the preliminary site plan subject to variances being granted by the Zoning Board of Appeals and final
approval from the township attorney and township engineer. Phil
Westmoreland gave a summary of his review letter citing the following
issues:
fencing
along wetlands boundary during construction
The Bockhausens have four splits available and one is their current home. All will have access. The Bockhausens are not required to contribute to the Private Road Maintenance Agreement (PRMA). Greenbelting along the west side of the road was discussed. The township attorney will be consulted
prior to the ZBA meeting as to whether it applies along the west side of the
road. John
Lowe is concerned if the road became public, lot 2 would become
non-conforming. Individual
site perks have not been done yet; test holes have been done on the site. Jean
Root motioned to send information
and/or conditions:
curve of
road for 25 feet
item A, paragraph three under general provisions corrected to lot 2; item B, adding item 10 under
recommendations to correct the setback on lot 2 (rear yard setback at 25
feet.)
Debra
Wiedman-Clawson seconded. Motion
carried 5-0. PLANNING
COMMISSION RULES AND PROCEDURES 1996 Dave Hamann motioned to table Planning Commission Rules and Procedures 1996. Debra Wiedman-Clawson
seconded. Motion carried 5-0. NEW BUSINESS Section
19.02—Nonconforming Lots Dave Hamann gave a synopsis of reasons for change of language. Discussion as to the intent of the changes and recent litigation. Planning Commission agreed to ask Mike Kehoe, Township Attorney,
to attend the next Ordinance Workshop to explain the changes. Jean Root motioned to table Section 19.02—Nonconforming Lots. Jim Anderson seconded. Motion
carried 5-0. Access
Management Phil Westmoreland gave an overview of the language. Discussion ensued as to how to apply to site plan review, whether this would apply in our township. Dave Hamann motioned to table Access Management for further review and comment by John Ambrose, Township Planning Consultant and Mike Kehoe, Township Attorney. Debra Wiedman-Clawson seconded. Motion
carried 5-0. Section
6.07—Accessory Structures Current language, 6.07 1 reads an accessory structure cannot exceed 3 times the ground floor square footage of principal structure. John Lowe has concerns this is economically driven. If
you can afford a larger principal structure, then you are allowed a larger
accessory structure. An accessory structure exceeding a certain square footage could possibility require special use approval.This
way the township can monitor use. Dave Hamann motioned to table section 6.07 until the ordinance workshop. Jean Root seconded. Motion
carried 5-0. Jean Root wants to add private roads and home occupation. Debra Weidman-Clawson wants private stables on the agenda. Add to the proposed ordinance workshop agenda in the following order;
Dave Hamann motioned to set a June 16, 2004 Ordinance Workshop. Debra Wiedman-Clawson seconded.
Motion carried 5-0. CALL TO THE
PUBLIC No
response. ADJOURNMENT Jean Root motioned to adjourn at 10:40 p.m.
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