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                                 MARION TOWNSHIP

             AGENDA and DRAFT MINUTES

                              June 28, 2005  

                     

CALL TO ORDER:

MEMBERS PRESENT:  

MEMBERS ABSENT:

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

APPROVAL OF AGENDA:   June 28, 2005 Regular Meeting

APPROVAL OF MINUTES FOR:    

                    May 16, 2005 Special Meeting

                         May 24, 2005 Public Hearings

                        May 24, 2005 Regular Meeting

OLD BUSINESS:          

1.     Section 6.20 A Pre-existing Non-Conforming Private Roads

2.     Section 6.20 B New Private Roads

3.     Proposed Text Amendment Article XVIII Site Plan Review Requirements

4.     Site Plan Review Application & Checklist

5.     Proposed Text Amendment Rural Residential Uses Permitted by Special Use 

Permit   8.01 E 6 cemeteries, crematories & mausoleums (remove crematories) & 

17 Shooting ranges, including gun, rifle, skeet, trap, pistol and archery clubs 

(remove all except archery clubs)

6.     Proposed Text Amendment Suburban Residential - Uses Permitted by Special Use 

Permit - 8.02 E 4 cemeteries, crematories & mausoleums (remove crematories)

7.     Performance reviews

8.     Proposed Text Amendment Rural Residential – Site Development Requirements

 8.01 F 6 & 7                                

9.     Proposed Text Amendment Suburban Residential–Site Development

 Requirements  8.02 F 6&7

10. Proposed Text Amendment - Condominium Projects – 6.18 F 1 & G

11.  Proposed Text Amendment 6.19 B – Lots to have access

12.  Proposed Text Amendment 3.02 – Definition of Landscape Buffer

13.  Land Division Act Amendment 525            

NEW BUSINESS:   

1.     Spruce Run – Site Plan Review – Proposed 36 single family homes South of Mason 

Road in Section 4

2.     Bentley Ridge – Private Roads – Proposed 17 single family parcels @ Southwest 

corner of Bentley Lake & Mayberry Roads

3.     Proposed Text Amendment Standards for Specific Land Uses - Section 17.07 

Cemeteries, Crematories & Mausoleums

4.     Proposed Text Amendment Standards for Specific Land Uses - Section 17.27

Shooting Ranges (Rifle, Skeet, Trap, Pistol and Archery)

5.     Proposed Text Amendment Standards for Specific Land Uses - Section 17.16 

Group Day Care Homes

6.     Proposed Text Amendment Standards for Specific Land Uses - Section 17.08 Child 

Care Centers

7.     Proposed Text Amendment – Section 3.02 – Definition of Cemetery

8.     Proposed Text Amendment – Section 3.02 – Definition of Child Care Center

CALL TO PUBLIC:

ADJOURNMENT:  

                                               DRAFT MINUTES

 

MEMBERS PRESENT:      JOHN LOWE, CHAIRPERSON

                                        JEAN ROOT, SECRETARY

                                        DAVE HAMANN

                                        DEBRA WIEDMAN-CLAWSON

                                       JIM ANDERSON

 

ABSENT:                          None

 

OTHERS PRESENT:        ROBERT W. HANVEY, SUPERVISOR

                                       ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                       JOHN HILTZ, ORCHARD, HILTZ & MCCLIMENT

                                       PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT

                                       MIKE KEHOE, MILLER, KEHOE & ASSOCIATES

                                        JOHN ENOS, CARLISLE/WORTMAN

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

CALL TO ORDER

The meeting was called to order at 7:30 p.m.

APPROVAL OF AGENDA

Jean Root motioned to approve the agenda for June 28, 2005 Planning Commission Regular Meeting.

Debra Wiedman-Clawson seconded.  Motion Carried 5-0.

INTRODUCTION OF MEMBERS

The Planning Commission members introduced themselves to the audience. 

CALL TO THE PUBLIC

John Lowe opened call to the public.  No response.  John Lowe closed the call to the public.

John Lowe asked the members if New Business can be addressed first to accommodate the 

audience.  Dave Hamann noted there are members of the audience that came to comment on 

Section 6.20 A Pre-Existing Non-Conforming Private Roads under Old Business.  The Planning 

Commission members agreed to discuss Section 6.20 A then on to New Business.

APPROVAL OF MINUTES

May 16, 2005 Special Meeting Minutes

Dave Hamann motioned to approve the May 16, 2005 minutes.  Jean Root seconded.  Motion 

Carried 5-0.

May 24, 2005 Public Hearing Meeting Minutes

Dave Hamann motioned to approve the May 24, 2005 Public Hearing minutes.  Debra 

Wiedman-Clawson seconded.  Jim Anderson and Jean Root abstained.  Motion Carried 3-0.

May 24, 2005 Regular Minutes

Jean Root asked that a question mark be inserted after “what is a day care and what is a school” 

page 3 of 5.  Jean Root motioned to approve the May 24, 2005 regular minutes as amended. 

Dave Hamann seconded.  Jim Anderson abstained.  Motion Carried 4-0.

OLD BUSINESS

Proposed Text Amendment - Section 6.20 A Pre-Existing Non-Conforming Private Roads

John Lowe asked Phil Westmoreland if he had the design standards ready for review. Phil 

Westmoreland answered the standards are procedure dependent and the text for Section 6.20 A 

will be need to be complete before he can finish.  They will be ready for the July 26, 2005 meeting.

Jean Root questioned why the statement ‘this will only pertain to newly created lots.  It should be

clear that this does not pertain to lots of record.

John Enos will insert text into the purpose & intent section.

Mike Kehoe asked the Planning Commission why they want this placed in the text if there is a 

definition.  Why place it twice?

Jean Root answered the intent was to make this text user friendly.  Wanted it to be clear to 

applicants which section of 6.20 they need to follow A or B.

Mike Kehoe wants to make sure that the definitions are exactly the same.

John Lowe asked Mike Kehoe to review the memo from the Livingston County Department of 

Planning (LCDP) on 6.19 B Access Controls.

Discussion ensued on the relationship between 6.19 B and Section 6.20 A, the private road 

language currently being worked on.  Had the person at LCDP contacted one of the township

consultants they could have explained the relationship between the two and the proposed changes

to the 6.19 B Access Controls.

Dave Hamann read from the LCDP review letter.  “ Staff recommends, however, that the text be

expanded to clarify what will be required in the event a new lot is to be created on a private road 

that did not meet applicable standards when it was built (for example, a variance or bringing the

road into compliance).”

John Lowe had questions on the page two the highlighted area that proposed variances.

John Enos noted that it was a suggestion by the LCDP.  After reading the review it is apparent that

there needs to be better communication between the LCDP and the consultants.

Discussion ensued on what information was sent to the LCDP and what can be done to better get 

the intent of the Planning Commission across.

John Enos will contact the LCDP to discuss the best policy for better communication.

John Lowe asked what Phil Westmoreland needed to move forward with the engineering and 

design standards.

John Enos answered for Phil Westmoreland as he left the room for a moment, Section H

Application and Review Process addresses when Phil Westmoreland reviews the design standards.

Phil Westmoreland answered when this is solidified he can move forward.  There are no changes

that need to be made to the text.  Review of pre-existing non-conforming private roads will be on

a case by case basis, not hard and fast rules that apply to all.

John Enos noted the 21 day submittal requirement.  No plans should be changed and submitted 

after the 21 day cut off.  This confuses the Planning Commission members and slows the process

down.

Jean Root read under the Application and Review Process item #3, “if the Township Board or the

Planning Commission recommends approval” she remembers the Planning Commission being a 

recommending body only and would like to see this reflected in the text.  She wants ‘or Planning 

Commission’ taken out of the text.

Debra Wiedman-Clawson noted the Township Board can delegate the responsibility to the Planning

Commission.  If you remove then you need to amend the first paragraph of 6.20 A.

Jim Anderson noted on page 5 of 10, Section J - ‘no land use permit will be issued for a structure’ 

his notes show this should read “new principal structure.”  Section A Posting of Private Roads, 

asking the applicant contact the Livingston County Road Commission (LCRC) to verify the name of

the road is not duplicated.

Jean Root read from the first paragraph “the proposed name shall be reviewed and approved by

the LCRC.” 

Jim Anderson also asked that Exhibit A item #12 makes reference to the signage as an item to be 

maintained.

John Enos read from the private road maintenance agreement “Sign shall be paid for, posted and 

there after be maintained under the maintenance agreement by the homeowner.”  Yet signage is

not included in the draft maintenance agreement.

Mike Kehoe agreed it should be included in the private road maintenance agreement.  Mike Kehoe 

asked if the private road maintenance agreement is going to be part of the zoning ordinance or is

this going to be a suggested agreement.

John Enos answered this is a template and depending on the road the consultants and township

will look at it with the differences in mind.

Mike Kehoe would like to see this private road maintenance agreement as a suggestion, not 

mandatory.  There are times when you need to adjust. 

John Lowe said it is subject to consultant review and if it doesn’t address the items they feel are 

necessary on an individual basis then adjustments can be made.

Mike Kehoe said if they are concerned about the signage then they should include it in the private

road maintenance agreement.

John Enos noted it is in the zoning ordinance, then in item #12 of the private road maintenance 

agreement.

John Lowe said the stop sign and the road name sign are important.  The fire department needs to 

find the road.

Jean Root motioned to table Section 6.20 A Pre-Existing Non-Conforming Private Roads until the

July 26, 2005 meeting.  Jim Anderson seconded.  Motion Carried 5-0.

NEW BUSINESS

Spruce Run Preliminary Site Plan Review

Debra Wiedman-Clawson is abstaining.

Jim Barnwell of Desine, Inc. gave a presentation of the proposed development.  This will be a 36

unit development South of Mason Road in the Suburban Residential District.  Directly to the West is 

Maple Farms Planned Unit Development (PUD) and to the South is Turtle Creek.  The development

will be served by sewer and water, private road, curb-n-gutter and sidewalks. 

A request was made to the Zoning Board of Appeals (ZBA) to relax Section 6.20 Private Roads sub

section B that states no more than 25 units with one point of access.  Maple Farms PUD was 

approved with a stub road running east toward the subject property.  This stub road could be 

connected to the proposed Spruce Run development.  

Maple Farms has 52 lots with one point of access, the proposed Spruce Run has 36 units, and this

makes a total of 88 units with two points of access. The ZBA approved the variance with conditions.

One condition was a connection between Maple Farms PUD and the proposed Spruce Run. The 

developer for Maple Farms PUD agreed to the connection with no objections.

There will be two exception lots that will gain access off of Painted Drive in Turtle Creek. The

parcel was designed this way to avoid removing existing woodlands on the South/East portion for

a new roadway to gain access to the proposed units. 

Jim Barnwell went over consultant comments and noted to the Planning Commission members that 

the site plans they received include the changes requested in the consultants review letters.

Jim Barnwell discussed the how the site drains and his reason for the drainage retention on the site.  

John Enos opened by reviewing the submittal process.  Jim Barnwell indicated a site plan was

submitted a month ago and the June 17, 2005 review letter the Planning Commission members 

received from Carsile/Wortman was based on that submittal.  There were several issues addressed

in my review letter as you can see.  The site plan that you are looking at is not in relation to the

site plan I reviewed.  It is the corrected version.  Now we get into logistical problems with 

processing, getting the revised plan to the consultants and how they deal with that.  He does not

like to bring his review to the Planning Commission members the night of the meeting and that is 

what has happened here.  The Planning Commission members have a second review letter on the

table for them tonight and there is not time to read it in relationship to the site plan. This is not 

fair to the Planning Commission or the applicant.

John Enos noted in his second review letter the first item is the width of unit #10.  This is a corner

lot; the applicant does meet the required front yard set back on both road frontages, yet does not 

meet the required lot width on one side. The ordinance is clear on where the lot is measured in 

regards to the front lot line.  In this case you have 149’ on one side and 62’ on the other, the

requirement is 85’.  This may require a variance unless in the past the Planning Commission has

allowed a corner lot to meet the frontage requirement on one side and not the other. John Enos 

read from the zoning ordinance “In the case of the above definitions the Zoning Administrator shall

designate the front, rear and side in consideration of the orientation of the building.”  I would 

expect unit 10 to front Spruce Hill Drive not the cul-de-sac drive.  Would be willing to recommend 

allowance of this lot if they make sure the driveway comes off of Spruce Hill Drive , if the Planning 

Commission members want to allow for the reduced lot width.

The Planning Commission members do not remember this situation has come up before.

John Enos noted all other corner lots meet this lot width.

John Lowe asked Jim Barnwell there was a possible solution?

Jim Barnwell answered they could meet the 85’ frontage if measured at the front yard setback.

John Enos addressed the 50’ required greenbelt along Mason Road is within the 35’ setback  

building envelope for lots #26 and #27.  This has been allowed in the past with increased 

landscaping and be included in part of the area calculation of lot requirements.

Phil Westmoreland reviewed the site plan for a proposed development Marion Pines that is to the

 East of proposed Spruce Run to see the required setback off of Mason Road .  The Planning 

Commission required a 50’ setback from the LCRC new road right of way requirement.  Marion 

Pines engineer had to move the cul-de-sac to accommodate.  If this site plan had to meet the

requirements it would affect lots #26 & #27.

Jim Barnwell revised the ordinance, the 50’ greenbelt established within a public road right of way

which is not located within the project.  The project encompasses everything from the existing 

road right of way to the internal; I interrupted that to mean 50’ would be measured from the 

existing road right of way.  Currently there is a 33’ half of the road right of way, will be as part of

this project and still dedicating another 27’.  They would rather do that than making new lots and 

having them access off of Mason Road .  The site plan shows 50’ from the current road right of way.

If you use 50’ from the future road right of way then you limit the building envelopes of lots #26 & 

#27 and leave 25‘ to build in.

John Lowe clarified that the LCRC is asking for 120’ road right of way.

Jim Barnwell said yes, they ask for additional road right of way along primary roads that have a 

subdivision fronting.

Mike Kehoe expressed concern, if required for Marion Pines and not Spruce Run this may create 

problems.

Phil Westmoreland noted the detention basin grading for Marion Pines encroached into the greenbelt,

no hard surface or building was allowed.  Additional screening was required because of this.

John Lowe asked that the Planning Commission members review this later and move on with the 

review letter.

John Enos addressed item # of his second review letter.  Tree lines were shown yet the zoning

ordinance indicates need for clarification on what type and size of trees.  Marion Township would 

like to see protection of existing trees.  There is an existing 44” Oak tree that should be protected.

The applicant told the Planning Commission the oaks are gone, trees were removed before he

bought the property.  His goal is to save as many trees as possible.

John Enos as we have done in the past, we can require clearing limits be shown on individual site

plans submitted for homes. 

John Enos addressed item #4, the suitability of the existing soils.  More information is necessary 

and Orchard, Hiltz & McCliment will take care of that. 

John Enos asked what material will be used for the nature path, woodchips, or stone. This needs 

to be clarified.  Also lighting on the site, is it necessary, homeowners will have individual lighting?

The road name has to be approved by the LCRC and the condominium documents need to be

submitted and reviewed.  The biggest issues are clarification on the tree removal and to be 

addressed and the 50’ setback off of Mason Road (as this will set precedence.)

Phil Westmoreland summarized his review letter noting some of the same issues as the planner.  

The grading of the detention pond in the past the Planning Commission has allowed grading

within the setback.  A more pressing issue is the detention basin discharging into the right of way 

ditches along Mason Road , with Marion Pines the LCRC would not allow this. The LCRC made the

engineers for Marion Pines reroute the water to the wetlands.  With Spruce Run the only options 

other than directing the water into the road right of way is to work out something with Turtle

Creek or Marion Pines to get it though to the low area.  Before the Planning Commission gives

approval Phil Westmoreland would like to know if the LCRC is going to approve discharge as it 

stands today into the road right of way.

Jim Barnwell was not able to discuss options at this time.

John Lowe is concerned if the LCRC does not approve the discharge then the detention basin has

to be larger which will affect the lot layout.  This is a major concern that needs to be answered.

Discussion ensued on the exception lots draining onto Painted Drive and the remainder of the

development retaining the water on site, if the Livingston County Drain Commissioner (LCDC) 

approves this then Phil Westmoreland is ok with it.  Ken Recker of the LCDC is still waiting to 

hear from the LCRC before giving approval.

John Lowe noted Howell Area Fire Authority (HAFA) gave approval and the LCRC site distance has

been approved.

John Lowe asked the Planning Commission members if they had a preference as to the material 

used on the walking path.  Woodchip is out of the question.

Jim Barnwell stated they are willing to use woodchips or crushed stone no hard surface material. 

The zoning ordinance does not require any specific material.

John Lowe asked Jim Barnwell if he was OK with item #2 of John Grissom letter dated 

June 9, 2005.  The way it reads the applicant will be responsible until the last house is built.

Jim Barnwell answered yes; the biggest concern is the construction traffic.

John Lowe asked Mike Kehoe his opinion on interpretation of the 50’ greenbelt and lots #26 & #27

and if he needs time to consider.

Mike Kehoe would need time to review the Marion Pines site plan and zoning ordinance prior to

answering.  His first thought is the zoning ordinance does not support the proposal. Marion  

Township and the Planning Commission should be consistent.

Jim Barnwell went on to explain reasoning for placement of the roadway. They wanted to keep the 

existing house within the development.

Discussion ensued as to whether the applicant should request a variance for the 50’ greenbelt, if

the Planning Commission would make a recommendation to the ZBA.  The conciseness was no.

A break was called by the Chairperson.

Phil Westmoreland reviewed the Marion Pines site plan and related to the Planning Commission 

the building setbacks for the lots that front on Mason Road are 50’ from the proposed 60’ road 

right of way.  The Planning Commission did allow for grading within the 50’ greenbelt and what 

Spruce Run site plan proposes is consistent with Marion Pines.

The Planning Commission members agreed to crush stone for the walking path.

John Enos reiterated the need for language in the Master Deed the individual homeowner shall

provide a plot plan showing trees to be protected.

Jean Root motioned to table Spruce Run site plan Tax ID# 4710-04-200-051 until applicant

request further review.  Jim Anderson seconded.  Debra Wiedman-Clawson abstained.  

Motion Carried 4-0.

OLD BUSINESS

Proposed Text Amendment - Section 17.27 - Standards for Specific Land Uses - 

Shooting ranges, including gun, rifle, skeet, trap, pistol and archery clubs

John Lowe opened discussion on the impact to the existing Gun Club if all but archery clubs are

removed from the Suburban Residential District Uses Permitted with a Special Use Permit.

Mike Kehoe stated if these uses are removed the existing Gun Club would become pre-existing 

non-conforming and would fall under provisions of Article XVIIII, non-conforming use restricts 

the ability to expand.  A potential serious effect on the Gun Club as it currently exists.  Instead of 

excluding these uses, a better idea would be to expand the requirements.

John Enos stated this would allow existing use and add restrictions for future applicants and not

prohibit existing use of the gun range.

John Luitink - 4757 Pingree Road - the township already has already done this with the noise 

ordinance which would prohibit another club due to the noise unless it is an indoor facility. His

understanding is they are already pre-existing non-conforming because they do not have a special 

use permit as this was not required in 1940.  The Howell Gun Club is rethinking the purchase of 

10 acres for an additional buffer because this would be increasing the non-conformance.

John Lowe asked if this purchase increases the operation and if this is viewed as increasing 

non-conformance.

Discussion ensued on the status of Lange Road .  Can a land use permit be issued to build on 

property that fronts on Lange Road ?  The LCRC abandoned the road years ago.  Is the parcel 

accessible?  The answer is no.

Robert W. Hanvey suggested buying the property and not combining it with the existing property,

and then it will not add to the non-conformance.

Douglas Reed - Hinchey Road asked the Planning Commission members if this would affect him. 

He owns 80 acres and has friends over a few times a year to use their antique fire arms.

The Planning Commission members said this text does not apply to his situation.

John Lowe asked John Enos and Mike Kehoe to research further and bring back proposed text to

the next meeting.

Dave Hamann motioned to table Section 17.27 until the July 26, 2005 meeting. Jean Root

seconded.  Motion Carried 5-0.

NEW BUSINESS

Bentley Ridge - Private Road

Mike Kehoe addressed the Planning Commission members; he revealed his relationship with

Mr. Bond, owner of the proposed development. In the past Mike Kehoe has provided legal services

for Mr. Bond, yet Mike Kehoe does not have a financial interest in this project and does not feel 

this would affect his review and comment.

Debra Wiedman-Clawson abstained from discussion and motions on the agenda item.

Jim Barnwell gave a presentation on the proposed private roads.  There are a couple of out

buildings on the existing property that will fall into the private road developments. There will be

two private roads that will end in cul-de-sacs.  There will be one exception parcel that will not be

part of the private road maintenance agreement.  The LCDC has reviewed and has concerns 

regarding Marion 2 drain.  They want buildings to have a minimum first floor elevation and 

accommodation for a 100 year flood.

Jean Root asked the acreage of the exception parcel.

Jim Barnwell answered 2.9 acres.

John Enos summarized his review letter.  He would like to make sure existing buildings on A-1 

will be removed.  Item #2, the zoning ordinance states that on a corner lot the side yard setback

has to meet the front yard setback, this would make lots A-2, A-3 and B-1 non-conforming as 

they would require a 70‘ side yard setback.  This is footnote e of Section 7.10; the intent of the 

zoning ordinance is not that both side yards are setback 70’.  He is concerned about the access of 

lot C-1; they have made that an exception lot and must be made clear that it is not part of the

project and not part of the private road maintenance agreement. The Livingston County 

Department of Public Health review of soil suitability is necessary. The road names need to be 

coordinated with the LCRC.  Preliminary approval is reasonable.

John Lowe asked Jim Barnwell if he had LCRC approval on parcel C-1.

Jim Barnwell answered no.

Phil Westmoreland summarized his review letter in relationship to the revised plan, nothing 

significant just clean up issues, grading information to the West of the site.  The LCDC proposed 

easement agreements, the information is not available at this time.  Phil Westmoreland would like

 to see in writing that the well and septic on the exception lot are on that lot and will remain there.

Are there road names?

Jim Barnwell answered the road to the South is Combine Court West and extension of Combine

Court on the East side of Bentley Lake Road .

John Lowe asked about the transfer parcel to the South/West, we don‘t want to create a land 

locked parcel.

Jim Barnwell answered it will be transferred to an adjacent property owner.

Dave Hamann asked if there would be two private road maintenance agreements.

Jim Barnwell answered two.

John Lowe asked about removal of existing buildings and which road will be built first.

Jim Barnwell answered all buildings except one will be removed. The applicant will build a

principal structure on parcel A-1.  There will be no pre-existing non-conforming buildings as a

result of this process.  The road to the North will be built first and the road to the South within a 

few years of the first being finished.

John Enos wants to give thought to the potential non-conformance and the possibility of a

performance bond to ensure the zoning ordinance is complied with.

Jean Root motioned to table Bentley Ridge Private Road site plan Tax ID# 4710-28-200-016 until 

applicant request further review.  Jim Anderson seconded.  Debra Wiedman-Clawson abstained. 

Motion Carried 4-0.

OLD BUSINESS

Land Division Amendment 525

Mike Kehoe noted minor changes will have to be made to the existing general ordinance 

Subdivision Control Ordinance.  He will work with John Enos to have proposed changes and a 

synopsis of Act 525 to the Planning Commission for the July 26, 2005 meeting.

John Enos said a representative from his office has put together a report on the amendments and 

will provide the Planning Commission members with a copy.

Debra Wiedman-Clawson noted additional changes should be made to the zoning ordinance in

additional sections.

Discussion ensued on the proposed changes and the process involved that is shown on the new

flow chart.

Proposed Text Amendment - Section 6.20 B New Private Roads

Jean Root motioned to table until the July 26, 2005 meeting.  Dave Hamann seconded.  

Motion Carried 5-0.

Proposed Text Amendment - Article XVIII Site Plan Review Requirements

Jean Root motioned to table until the July 26, 2005 meeting.  Dave Hamann seconded.  

Motion Carried 5-0.

Site Plan Review Application & Checklist

Jean Root motioned to table this item to the July 26, 2005 meeting.  Dave Hamann seconded. 

Motion Carried 5-0.

Proposed Text Amendment - Section 8.01 E 6 - Rural Residential uses Permitted by

 Special Use Permit - Cemeteries, Crematories & Mausoleums and Section 8.01 E 17 

Shooting ranges, including gun, rifle, skeet, trap, pistol and archery clubs

Jean Root motioned to table until the July 26, 2005 meeting.  Jim Anderson seconded.  

Motion Carried 5-0.

Proposed Text Amendment - Section 8.02 E 4 - Suburban Residential uses Permitted

by Special Use Permit - Cemeteries, Crematories & Mausoleums

Jean Root motioned to table until the July 26, 2005 meeting.  Debra Wiedman-Clawson seconded. 

Motion Carried 5-0.

Performance reviews

Jean Root noted there have been new consultants hired and the thought was a review would be a

good time to review as it has been six months.

Jean Root started with comments addressed to Mike Kehoe.  Jean Root is please with the review

and comments being a part of the package as opposed to the night of the meeting.  From her 

perceptive there is a better communication between consultants and this is apparent.  Jean Root 

asked if Annette McNamara had any comments.  She answered no.  Jean Root noted it is easier to

review amendments when they are submitted separately.  Jean Root asked if there were any other

comments. 

John Lowe asked Mike Kehoe if he was getting all the information he needed for his review and 

comments. The Planning Commission would like to have Mike Kehoe attend all of the meetings so

there is a better understanding of the Planning Commission intent.

Mike Kehoe answered he is available for meetings that the Planning Commission would like him to 

attend.  He will leave this to the townships discretion.

Jean Root noted there are times they say they would like Mike Kehoe comments then no one gets 

to ask the question.  They will make a better effort to make a list and follow through.

John Lowe suggested at the end of every meeting make a list of the questions and follow through.  

John Enos suggested a monthly meeting during the day with a representative from the Planning 

Commission, ZBA and Board of Trustees to address outstanding issues.

Discussion ensued on late submittals, site plans with multiple outstanding review items and review

letters handed out the night of the meeting.  If there are items that need interpretation then those 

are addressed other than that the site plan is tabled until the next month.  If they don’t make the 

mailing (site plans) then they are not on the agenda and new plans will not be reviewed the night 

of the meeting.

Jean Root started with comments addressed to Phil Westmoreland.  She appreciated the review 

letters submitted in a timely fashion.  Orchard, Hiltz & McCliment has multiple resources and she 

would like Phil Westmoreland to interject when there are times the resources can be used.  

Jean Root would like Phil Westmoreland to be forthright and tell the Planning Commission when a 

different avenue can be taken and different ways other municipalities handle situations.

John Lowe is pleased with the process and quality of workmanship.  He feels Phil Westmoreland 

has done an exceptional job.

Annette McNamara noted the relationship with Phil Westmoreland has been a good one. Having 

Kevin Novak observing construction of the approved developments has lifted a burden off of her 

shoulders.  Annette McNamara appreciates the brevity, access to Phil Westmoreland when she

places a call to him, input and quality of work.

Jean Root started with comments directed to John Enos.  Jean Root likes the format of the review

letters especially listing the issues at the end of the review letter.  She appreciates the

professionalism he brings to the meetings and interaction with the residents.  On the months there

 are two meetings and Paul Siersma is in attendance there seems to be difficulty in interpreting 

Johns intent there is a struggle within the Planning Commission members to get the language 

right.  Again as with Mike Kehoe there are items that the Planning Commission members would 

like to discuss with John Enos and they seem to fall through the cracks.

John Enos has realized over the last six months the township needs the continuity of him attending 

two meetings. There have been changes in his organization and he will now attend both meetings. 

Paul will still be working with him and possibility he will attend the meetings also.  John Enos sees

the need for a more senior associated at the meetings.

John Lowe agreed with John Enos and reiterated how critical it is to stay pro-active not re-active.

He would like to see better progress made with the zoning amendments.

Annette McNamara is grateful to hear John Enos will attend both meetings each month.  

Paul Siersma works well yet does not have the experience necessary to handle the meetings alone.

Debra Wiedman-Clawson likes the layout of his review letters.  She feels some of the items listed at

the end are contradictory to the zoning ordinance. 

Discussion ensued on joint meetings and the value of the input from multiple boards.

Dave Hamann left the meeting at 11:00 p.m.

Proposed Text Amendment - Section 8.01 F 6 & 7 - Rural Residential - Site 

Development Requirements

The Livingston County Department of Planning (LCDP) returned the proposed text “no action 

encourage further review.”  Mike Kehoe has comments on the staff review done by the LCDP and

what was presented to Livingston County Planning Commission.  Mike Kehoe will submit his 

comments in writing for the July 26, 2005 meeting.   Jean Root motioned to table until the 

July 26, 2005 meeting.  Jim Anderson seconded.  Motion Carried 4-0.

Proposed Text Amendment - Section 8.02 F 6 & 7 - Suburban Residential - Site

 Development Requirements

The Livingston County Department of Planning (LCDP) returned the proposed text “no action 

encourage further review.”  Mike Kehoe has comments on the staff review done by the LCDP and 

what was presented to Livingston County Planning Commission.  Mike Kehoe will submit his 

comments in writing for the July 26, 2005 meeting.   Jean Root motioned to table until the 

July 26, 2005 meeting.  Debra Wiedman-Clawson seconded.  Motion carried 4-0.  

Proposed Text Amendment - Section 6.18 F 1 & G - Condominium Projects

The Livingston County Department of Planning (LCDP) returned the proposed text “no action 

encourage further review.”  Mike Kehoe has comments on the staff review done by the LCDP and 

what was presented to Livingston County Planning Commission.  Mike Kehoe will submit his 

comments in writing for the July 26, 2005 meeting.   Jean Root motioned to table until the 

July 26, 2005 meeting.  Debra Wiedman-Clawson seconded.  Motion Carried 4-0.

Proposed Text Amendment - Section 6.19 B - Access Controls

The proposed text was sent to the Board of Trustees for review at their June 14, 2005 meeting 

after returning from LCDP “approved.”  The Board of Trustees had questions on the proposed text 

and motioned to send it back to the Planning Commission for further review.  Because the 

questions were not included in the Board of Trustees minutes, John Enos will meet with the Zoning

 Administrator & Supervisor for clarification on the Board of Trustees requested changes.  

John Enos will submit the changes for the July 26, 2005 meeting.  Jean Root motioned to table 

until the July 26, 2005 meeting.  Debra Wiedman-Clawson seconded.  Motion Carried 4-0.

Proposed Text Amendment - Section 3.02 - Definitions - Landscape Buffers

The proposed text was sent to the Board of Trustees for review at their June 14, 2005 meeting 

after returning from LCDP “approved with conditions.”  Robert W. Hanvey agreed with the LCDP 

that certain text was redundant and asked for a motion to send it back to the Planning Commission

for further review.  John Enos will meet with the Zoning Administrator & Supervisor for 

clarification on the Board of Trustees requested changes.  John Enos will submit the changes for

the July 26, 2005 meeting.  Jean Root motioned to table until the July 26, 2005 meeting.  Debra 

Wiedman-Clawson seconded.  Motion Carried 4-0.

NEW BUSINESS

Proposed Text Amendment - Section 17.07 - Standards for Specific Land Uses - 

Cemeteries, Crematories & Mausoleums

Jean Root motioned to table until the July 26, 2005 meeting.  Debra Wiedman-Clawson seconded.

 Motion Carried 4-0.

Proposed Text Amendment - Section 17.16 - Standards for Specific Land Uses - Group

 Day Care Homes

Jean Root motioned to table until the July 26, 2005 meeting.  Jim Anderson seconded.  

Motion Carried 4-0.

Proposed Text Amendment - Section 17.08 - Standards for Specific Land Uses -

 Child Care Centers

Jean Root motioned to table until the July 26, 2005 meeting.  Debra Wiedman-Clawson seconded. 

Motion Carried 4-0.

Proposed Text Amendment - Section 3.02 - Definitions - Cemeteries

Jean Root motioned to table until the July 26, 2005 meeting.  Jim Anderson seconded.  

Motion Carried 4-0.

Proposed Text Amendment - Section 3.02 - Definitions - Child Care Centers

Jean Root motioned to table until the July 26, 2005 meeting.  Debra Wiedman-Clawson seconded. 

Motion Carried 4-0.

Proposed Text Amendment - Section 17.08 - Standards for Specific Land Uses - 

Child Care Centers

Jean Root motioned to table until the July 26, 2005 meeting.  Debra Wiedman-Clawson seconded. 

Motion Carried 4-0.

Joint Meeting

Jean Root would like to see a joint meeting scheduled for the near future and asked that this be

placed on the July 26, 2005 agenda for scheduling.

CALL TO THE PUBLIC

Jim Barnwell 127 S. Compton would like to commend the consultants.  Jim Barnwell would like to

see them separate fiction from fact.  Some are suggestions and not in the zoning ordinance.  He is

not receiving the review letters and would like better communication between the consultants and 

engineers.  He does not agree that the consultants can decide whether the applicant can be placed

on the agenda or not.  He feels the Planning Commission has the authority to say yes or no.  Had

he not been on the agenda tonight they would have argued this the next month.  It is better to 

find out what the Planning Commission wants to see early on in the project before more money is 

put into the project and the applicant digs in his heels.

Jim Anderson reiterated he does not like to have review letters submitted the night of the meeting.

Debra Wiedman-Clawson agreed with Jim Barnwell on submittals.

Jean Root asked where you draw the line.  The Planning Commission spends time and nothing is

achieved.  Does the chairperson say there are too many outstanding items and ask for a motion to 

table?

Debra Wiedman-Clawson stated if that is the way it goes give the applicant three minutes to 

address items open for interpretations.

Jim Barnwell stated there are items that need to come before the Planning Commission to be 

answered. The limits of tree removal should be a point of discussion. There is nothing in the

zoning ordinance that addresses tree removal.

John Enos understands Jim Barnwell concerns and agrees.

Discussion ensued review letters and site plans submitted with the package.  The site plan did not 

match the review letter.

ADJOURNMENT

Debra Wiedman-Clawson motioned to adjourn the meeting at 11:22 p.m.  Jean Root seconded. 

Motion Carried 4-0.