Home

Agenda/Minutes 

Planning/Zoning

Assessing

Bulletin Board

Business Directory

Cemeteries

Clerk's Corner

Community Events

Contact Information

DPW

Development Documents

FAQ

Financial information

Heritage Days

Links  

Meeting Calendar

Newsletters

Officials

Parks

Plats

Planning/Zoning

PropertyTax/Assessing Data

Township Agreements

Rental Policy

Treasurer's Report

 

MARION TOWNSHIP

PLANNING COMMISSION

AGENDA AND MINUTES

July 24, 2012 @ 7:30 p.m.

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA FOR: July 24, 2012 Regular Meeting

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM: February 28, 2012 Regular Meeting

OLD BUSINESS:

NEW BUSINESS:

  1. Amendment to Georgetown Site Condominium Site Plan
  1. Discussion on State of Michigan Prisoner Re-Entry Initiative in relationship to Zoning Ordinance
  1. TXT# 04-12 Amendments per PA 143 of 2012 Wireless Communication Antenna
  1. TXT# 05-12 Amending criteria for Hobby Kennel Permit

CALL TO THE PUBLIC:

ADJOURNMENT:

MINUTES

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

                                                JERRY SIDLAR, VICE-CHAIR

JEAN ROOT, SECRETARY

BOB HANVEY

CHARLIE MUSSON

MEMBERS ABSENT:                   NONE

OTHERS PRESENT:                    SALLY ELMIGER, CARLISLE/WORTMAN & ASSOCIATES

ANNETTE MCNAMARA, ZONING ADMINISTRATOR

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

CALL TO ORDER

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

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

Jean Root motioned to approve the July 24, 2012 regular meeting agenda. Jerry Sidlar seconded.Motion Carried 5-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  All were present.  

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Sally Reynolds, 4601 Pingree Road ; Mrs. Reynolds introduced herself and told everyone she is running for Register of Deeds.

John Lowe closed the call to the public.

APPROVAL OF MINUTES

February 21, 2012 Regular meeting minutes

Jean Root motioned to approve the February 21, 2012 regular meeting minutes as presented.  Jerry Sidler seconded.  Motion Carried 5-0. 

NEW BUSINESS

Amendment to Georgetown Site Condominium Site Plan

The Planning Commission members reviewed the proposed amendment to vacate units 16 thru 43 and units 49 thru 54 totaling 43.06 acres from the Georgetown Site Condominium.  A review and comment letter was submitted by Mike Kehoe, Marion Township Attorney stating the proposed amendments were in order.

Jean Root motioned to recommend approval to the Board of Trustees for the Georgetown Site Condominium Master Deed third amendment; site plan dated June 26, 2012.  Jerry Sidler seconded.  Roll Call – all yes.

Scott Reinacher, 3434 High Hillcrest Drive asked for clarification on the amendment.

Ken Tyler, Developer, 5200 Richardson; clarified the amendment is to combine thirty four units into one parcel.  

Discussion on State of Michigan Prisoner Re-Entry Initiative in relationship to Zoning Ordinance

Sally Elminger reiterated the information in her memo dated June 8, 1012.  Explaining how the City of Howell closed one of the prisoner re-entry houses and not the other. 

John Lowe suggested strengthen the definition of family to the Planning Commission.  His suggestion is to add ‘occupying a dwelling unit as a single non-profit house keeping, plus no more than two additional persons such as “roomers” or “boarders.”

Bob Hanvey stated that Marion Township does have the right to not allow this use and suggested adding a line to the existing definition that no half-way houses are allowed.

Sally Elminger read from Public Act # 110, Zoning Enabling Act; Section 2.06 items #1 and #2.  Essentially it states a township does not have to allow adult foster care facilities licensed by a State agency for the care and treatment of prisoners.

Jean Root researched the definition of a half-way house prior to the meeting and shared the information with the Planning Commission.

Scott Reinacher, 3434 High Hillcrest Drive asked if he could rent to just released prisoners in a four unit residential building? 

John Lowe answered no, not if language is amended.

Jean Root suggested keeping our current definition and adding language, it would read;

Family:  A group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as single housekeeping unit and having intentionally structured relationship providing organization and stability; and shall not include a group of individuals whose association is temporary in character or nature.

Jean Root motioned to send the above definition to Mike Kehoe for review and comment along.  Annette McNamara is to find if the proposed amendment in Senate Bill #1225 was included with an existing law.   Jerry Sidlar seconded.  Motion carried 5-0.  

Charlie Musson would like the response from Catherine Kaufman included with the package being sent to Mike Kehoe.

TXT# 04-12 Amendments per PA 143 of 2012 Wireless Communication Antenna  

John Lowe spoke with an attorney from Foster Swift to clarify amendments to the Zoning Enabling Act.  John Lowe discussed his concerns with the limited timeline for approving a new cell tower.  If by chance an applicant wants to install a tower that exceeds 200’ the application would require approval from State and Federal agencies.  That approval may take longer than the prescribed time stated in the new language.  The attorney John Lowe spoke with said that was something the Legislators did not take into consideration.

Another change is to classify Wireless Communication Antennas as a permitted accessory use.  This can be listed under each district which allows Wireless Communication Towers as a permitted accessory use or Marion Township can rely on the language in Section 17.10 B #1 that reads;

To encourage co-location and to minimize the number of WCSF within the Township, WCAs shall be considered a permitted accessory use when placed on or attached to any structure, which constitutes a principal use located in a non-residential zoning district or in the RR, Rural Residential District, including existing WCSFs.

The Planning Commission members would like Mike Kehoe to review and comment on the necessity of listing this in each district or just rely on the text in Section 17.10 B #1.

Jean Root motioned to ask Mike Kehoe if the paragraph in Section 17.10 B #1 fills the requirements of the newly adopted language.  Jerry Sidlar seconded.  Motion carried 5-0.

TXT# 05-12 Amending criteria for Hobby Kennel Permit  

Annette McNamara is concerned with the residents who own more than three dogs yet do not meet the criteria for Hobby Kennels.  Meeting the criteria can place a hardship on these residents.  The Livingston County Animal Controls determines whether it is a Hobby Kennel or not by asking if it is an establishment wherein or whereon more than three but less than eleven dogs are confined and kept for sale, boarding, breeding or training purposes for remuneration.  If the answer is no, then it is not classified as a Hobby Kennel.  As the Zoning Ordinance reads now if a resident has more than three dogs and does not have a Hobby Kennel license they are not able to have more than three of their dogs licensed.

John Lowe does not want to take away Marion Township ’s ability to address potential problems.  If a resident is not held to the requirements of Hobby Kennel, there would be no recourse.  Marion Township needs the ability to enforce.

Jean Root can see the logic in both concerns and asked if this could be tabled for additional time for research.

The Planning Commission members agreed.

Jean Root motioned to postpone proposed text amendment # 05-12 Hobby Kennels to the next regularly scheduled meeting.  Jerry Sidlar seconded.  Motion carried 5-0.

OLD BUSINESS

No old business.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Les Anderson, 4500 Jewell Road ; he agrees with John Lowe on the Hobby Kennel discussion, the numbers should remain the same.

Jean Root would like the Board of Trustees to consider changing our Township Engineer and ask Phil Westmoreland to act as the Township Engineer.  She would like to know if the minutes from this meeting would suffice as a request or should it be a separate memo/letter.

John Lowe said that he has spoke with Phil Westmoreland and he said he would attend all meetings and the company he works for would be cost competitive.

Bob Hanvey brought up the fact that Phil Westmoreland has been employed by two different engineering companies since leaving Orchard, Hiltz & McCliment, Inc.

Les Anderson, 4500 Jewell Road ; Phil Westmoreland was beneficial to Marion Township .  Because he attended the meetings the Board of Trustees got answers to questions quickly, Phil Westmoreland’s input was helpful.

Scott Lloyd, Pingree Road ; Brought up the Marion Retail Center issues.  When the Orchard, Hiltz & McCliment, Inc. representative saw problems on site during construction they did not stop the construction.  He asked if there is a need for a Township Engineer.

John Lowe closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 8:56 p.m.  Jerry Sidlar seconded.  Motion Carried 5-0.