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MARION TOWNSHIP

PLANNING COMMISSION

AGENDA and DRAFT MINUTES

REGULAR MEETING

June 23, 2009

7:30 p.m.

   

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA FOR:       June 23, 2009 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM: April 28, 2009 Regular Meeting

                                            May 26, 2009 Public Hearing

                                            May 26, 2009 Regular Meeting

OLD BUSINESS:

1)     Comprehensive Plan Updates & Revisions

NEW BUSINESS:

1)     Update on Article XV - Signs

CALL TO THE PUBLIC:

ADJOURNMENT:

                                           DRAFT MINUTES

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

                                                JEAN ROOT, SECRETARY & ACTING CO-CHAIR

BOB HANVEY

JERRY SIDLAR

 

MEMBERS ABSENT:                   JIM MURRAY

 

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN ENOS, CARLISLE/WORTMAN

LES ANDERSEN, TRUSTEE

SCOTT LLOYD, TRUSTEE

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

CALL TO ORDER

John Lowe called the meeting to order at 7:32 p.m.

APPROVAL OF AGENDA

Bob Hanvey motioned to approve the June 23, 2009 regular meeting agenda.  Jean Root seconded.  Motion Carried 4-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  Jim Murray was absent.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

No response.

John Lowe closed the call to the public.

APPROVAL OF MINUTES

April 28, 2009 Regular meeting minutes

Jean Root motioned to table the April 28, 2009 minutes to the next meeting due to lack of quorum.  Bob Hanvey seconded.  Motion carried 4-0.

May 26, 2009 Public Hearing minutes

Jean Root motioned to approve the May 26, 2009 public hearing minutes as presented.  Bob Hanvey seconded.  Motion carried 4-0.

May 26, 2009 Regular meeting minutes

Jean Root motioned to approve the May 26, 2009 regular meeting minutes as presented.  Bob Hanvey seconded.  Motion carried 4-0.

OLD BUSINESS

Marion Township Master Plan Updates

John Enos summarized the process; a handout was given to the Planning Commission members outlining the process.  John Enos told the Planning Commission members the Board of Trustees could pass a resolution to be the adopting body if they chose to do so.  He could have a draft to the Planning Commission by the September 22, 2009 meeting.

John Lowe asked about Howell Public Schools renting out the now vacant Parker High School to commercial entities and if Marion Township has the legal right to review the uses.  The use of the facility to shoot movies is not a use allowed in the Suburban Residential District along with the other proposed uses.  How can Marion Township handle these situations?  Should the township consult with Mike Kehoe regarding the uses?  He also noted that Marion Township residents are allowed to use the outdoor facilities while the school is vacant.

John Enos said the Board of Trustees can pass a resolution to use the facility for recreation.  The Planning Commission could add language to the Master Plan regarding the nonconforming uses within the Parker High School building.  John Enos agreed Mike Kehoe would be the one to answer the proposed uses.

Bob Hanvey noted the uses do not have immunity and it becomes a pre-emption.  Does the State Board of Education still regulate?  What kind of uses would Marion Township want within the school?  Will the building always be owned by the Howell Public Schools?

Jean Root said the use of a school set regular hours and days; maybe other uses would be 24 hour and on weekends.

John Lowe said there is the potential of change of use from a school to private entity; again he wants to know what ability Marion Townships has to say what goes on.  Maybe Mike Kehoe could ask for the Attorney Generals opinion on this.

John Enos suggested a letter from the State Board of Education stating they would not go beyond certain uses or Marion Township send a letter to the Howell Public School Board to keep this from spinning out of control.

Bob Hanvey stated there is a one million dollar bond associated with the building of Parker High School , if not a traditional school setting it is no longer operating under the original bond agreement.  We can tell the School Board that Marion Township is updating the Master Plan and would like to know what they see as a future use of the school.

Jerry Sidlar feels sending a letter to the School Board is a good place to start, let them know Marion Township wants to be involved.

Jean Root agreed it is a good idea to be proactive.

John Enos said the Michigan Township Association Attorney can address this free of charge.

Bob Hanvey asked when Marion Township will start spending money on the Master Plan.

John Enos said he will send a proposal to the Board of Trustees.

Bob Hanvey told John Enos the Board of Trustees made a motion to have all expenses beyond the Carlisle/Wortman Associates, Inc. retainer will require Board of Trustees approval.  Approval for expenses applies to the Planning Commission also.  The Board of Trustees had motioned at the last meeting to require all expenses by the Planning Commission to be approved by the Board of Trustees prior to spending any monies.

Les Andersen, Jewell Road; told the Planning Commission members the Board of Trustees were reviewing the budget and the residents who attended asked a lot of questions about the money being spent by the Planning Commission.

John Enos suggested sending a Carlisle/Wortman Associates, Inc. fee schedule to the Board of Trustees for approval.  Then in the future if the Planning Commission requires a letter to be drafted that would require two hours of work, the Board of Trustees would be able to estimate the cost.

Jean Root expressed concern that the Planning Commission no longer has the latitude to do this job without approval.  Say the Planning Commission members want to send a question to the township attorney, now they have to ask permission.  This will add time and money to the projects.

Les Andersen, Jewell Road; he thought the Board of Trustees was looking at big ticket items like the Master Plan, Wind Energy, that sort of thing.  He told the Planning Commission members about the phone conversation with a Michigan Township Association (MTA) representative regarding committee members spending township monies without Board of Trustees approval.

John Lowe does not think this is fair and gave the example of doing an excavation project.  You know what is above ground yet when you turn the ground over you never know what you will find.  Developers find loop holes and once this happens the Planning Commission must look at amending that ordinance.

Jean Root wanted to know how the other committee members were notified.  She feels this should have been a written directive from the Board of Trustees and an agenda item.  That way both the Planning Commission and John Enos would have come prepared to discuss budgets.
Jerry Sidlar noted this is something dictated by the Board of Trustees with no specifics, he asked how can they work as a group when we don’t know what is allowed.

John Lowe said he spoke with Mike Kehoe about this issue and Mike did not agree with the MTA representative.

Annette McNamara asked if this applies to the Zoning Board of Appeals also.

Bob Hanvey said no, the Zoning Board of Appeals does not ask for letters from the consultants.

Annette McNamara respectfully disagreed and believes that more cases than not the Zoning Board of Appeals asks for comments.

Bob Hanvey told the Planning Commission that PA 110 mandates a Planning Commission budget.

Bob Hanvey motioned to have John Enos prepare a proposal to revise Marion Township and submit it to the Board of Trustees.  Jean Root seconded.  Motion carried 4-0.

Proposed Text Amendment – Article XV Signs

John Enos summarized the work to date; the committee formed met on two occasions and reworked text from another community to fit Marion Township .  The text is completed and ready for the Planning Commission to review at the next meeting.

John Lowe asked if it adequately covers LED and flashing signs.  Annette McNamara answered yes.

Jean Root motioned to table Article XV – Signs to the next Planning Commission meeting.  Jerry Sidlar seconded.  Motion carried 4-0.

NEW BUSINESS:

No new business.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Jean Root would like a formal directive from the Board of Trustees regarding the Planning Commission budget and the day to day activities.

Annette McNamara asked the Planning Commission members if they would like to cancel the July Planning Commission meeting due to only one agenda item.

Discussion on whether John Lowe can cancel a scheduled meeting.  The Planning Commission members in attendance agreed to cancel the July and maybe the August meeting.

John Lowe has concerns about the Marion Township Park #2 requiring review by the Planning Commission for the proposed gazebo.  Could that be done after the joint meeting on July 8, 2009? 

Annette McNamara said if the Planning Commission wants to do that she can post the meeting on the outside board and website.

John Enos informed the Planning Commission of a workshop he and Mike Kehoe have been offering to other municipalities.  It consists of four sessions, a few relate to planning and a few relate to legal issues.  He is offering this to Marion Township .

Les Andersen, Jewell Road ; can the Board of Trustees attend also?

John Enos answered yes.

Bob Hanvey wants the Planning Commission members to be aware that a few of the Home Owners Associations (HOA) are going defunct and what Marion Townships ’ role in enforcement is.  What is the role of the Board of Trustees and Planning Commission in Master Deed and By-law enforcement?  If the HOA can change the By-Laws then why does Marion Township approve them?

John Enos does not believe it is the Planning Commissions role, maybe the Zoning Administrators role.  He suggested getting a legal opinion

John Lowe closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 9:20p.m.  Jerry Sidlar seconded.  Motion Carried 4-0.