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MARION TOWNSHIP AGENDA and DRAFT MINUTES
July 26, 2005 CALL
TO ORDER: MEMBERS
PRESENT: MEMBERS ABSENT: CALL TO THE PUBLIC: Agenda Items Only – 3 minute limit APPROVAL OF AGENDA: July 26, 2005 Regular Meeting APPROVAL OF MINUTES FOR: June 28, 2005 Regular Meeting OLD BUSINESS:
1)The
Pines @ Kingswood Final Site Plan Review 2)
Section 6.20 A
Pre-existing Non-Conforming Private Roads 3)
Section 6.20 B New
Private Roads 4)
Proposed Text Amendment
Article XVIII Site Plan Review Requirements 5)
Site Plan Review Application
& Checklist 6) 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) 7) Proposed Text Amendment Suburban Residential - Uses Permitted by Special Use Permit
- 8.02 E 4 cemeteries, crematories & mausoleums (remove crematories) 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 14)Proposed
Text Amendment Standards for Cemeteries,
Crematories & Mausoleums 15)Proposed
Text Amendment Standards for Shooting
16)Proposed
Text Amendment Standards for Day Care Homes 17)Proposed
Text Amendment Standards for Care
Centers 18)Proposed
Text Amendment – Section 3.02 – Definition of Cemetery 19)Proposed Text Amendment – Section
3.02 – Definition of NEW BUSINESS:
1)
Review
of Proposed Zoning Map & Private Road Map 2)
Orchard,
Hiltz & McCliment, Inc. proposed Inspection Procedures 3) Set date for a Joint Meeting CALL
TO PUBLIC: ADJOURNMENT: DRAFT MINUTES MEMBERS PRESENT:
JOHN LOWE, CHAIRPERSON
DAVE HAMANN
JIM ANDERSON
DEBRA WIEDMAN-CLAWSON
ANNETTE MCNAMARA, ZONING
ADMINISTRATOR
PHIL WESTMORELAND, ORCHARD,
HILTZ & MCCLIMENT
JOHN ENOS, CARLISLE/WORTMAN CALL TO ORDER The meeting was called
to order at 7:32 p.m. APPROVAL OF
AGENDA Annette McNamara noted agenda item #1 under New Business should have been placed under Old Business, and Kevin Novak, Orchard, Hiltz & McCliment is present tonight to discuss proposed inspection procedures. It was decided to move item #15 under Old Business to item #2 and item #1 & 2 under New Business, to item #3 & 4 under Old Business. Dave Hamann motioned to approve the agenda for July 28, 2005 Planning Commission Regular Meeting as amended. Jim Anderson seconded.
Motion Carried 3-0. The Planning Commission members introduced themselves to the audience. Jean Root and Debra Wiedman-Clawson
are absent. CALL TO THE
PUBLIC John Lowe opened call
to the public. No response.
John Lowe closed the call to the public. APPROVAL OF
MINUTES June 26, 2005
Regular Meeting Minutes Dave Hamann motioned to table the June 26, 2005 minutes until Jean Root, Secretary and Debra Wiedman-Clawson
are present. Jim Anderson
seconded. Motion Carried 3-0.
OLD BUSINESS The Pines at Bill Strebbing, preliminary review. The parcel has gone through the land division process and is here seeking recommendation for
final approval. John Enos summarized his review letter dated July 13, 2005. He noted Bill Strebbing addressed his concerns on landscape buffering. John Enos would like to see the tree preservation shown on the Exhibit drawings. Bill Strebbing discussed this with his attorney and is questioning the requirement for to be shown on the Exhibit B. Bill Strebbing is concerned as he may use the existing trees for sale at his Christmas tree farm.
He feels thinning the trees will not have an effect on tree
preservation. John Enos said this will depend on the commissioners’ definition, yet he suggests a note on the drawings ‘trees on
individual lots will be preserved to the best of their ability.’ John Lowe wants to make sure the buyers are notified in the Master Deed and on the Exhibit B drawings the perimeter landscape buffering is not to be disturbed by future homeowners. There have been problems with homeowners removing the greenbelt buffering around the development. Phil Westmoreland summarized his review letter dated July, 15, 2005. He does not see any outstanding issues
that cannot be addressed during review of the construction drawings. John Lowe questioned
the basement elevations. Phil Westmoreland said this will be corrected and will not have an impact on the grading. There a still questions about the overflow for the detention and he will follow through with Ken Recker, Livingston County
Drain Commissioners Office, to make sure these are addresses. John Lowe asked how
unit 3 will be accessed. Bill Strebbing
answered there is an existing drawing across the wetland and has an existing
culvert. Discussion ensued on basement elevations and off site drainage easements. Bill Strebbing noted a builder in John Lowe noted county agency approval letters, Howell Area Fire Authority, dated 7.13.05, LCDC letter email dated 7.5.05 indicating elevations for specific lots, and Livingston County Road Commission letter
dated 7.11.05. Discussion on what type of process can be established to make sure first floor and basement elevations are maintained when a land use permit is submitted. Since there are only 7 lots this should not be
difficult to check the site plan and land use permit. Dave Hamann motioned to recommend to the Board of Trustees, final approval for the Pines at Kingswood , Tax Id #4710-36-300-012. Contingent of review and approval of final revisions to the Master Deed, By-Laws and Exhibit B drawings by Mike Kehoe, Township Attorney, Phil Westmoreland, Township Engineer and the LCDC. Jim Anderson seconded. Roll Call - John Lowe-yes, Dave
Hamann-yes, Jim Anderson-yes. Proposed Text
Amendment - Section 17.27 Pistol and
Archery John Enos summarized the research he and Mike Kehoe have done to clarify the status of the Howell Gun Club. The Howell Gun Club wants to know if purchasing adjacent property is an expansion of a non-conforming use. This is a lawful use of land as existing and may be continued although the use does not conform to the ordinance or amendment. In this case the use is not prohibited under the current ordinance, or its predecessors, but requires a conditional or special use permit.
John Luitink, that they cannot change the placement. He would like to know if additional fencing would be helpful. John Enos does not
feel it is necessary unless the commissioners require this. Discussion ensued on the safety issues, people need to be aware of where they are walking their dogs, hunting. John Luitink asked
about buying additional land in the future. John Lowe read from Mike Kehoe letter dated 7.18.05 stating there is no problem purchasing additional land if it is used for buffering purposes. When the commissioners amend Section 17.27 they need to keep the Howell Gun Club in mind and not create further non conformance. He also invited the Howell Gun
Club to engage in the process of amending this section. Review of
proposed Zoning Map & Private Road Map The commissioners discussed adopting the proposed zoning map as it is or waiting for property north of 1-96 to be turned over to the City of Howell. There were questions whether it is necessary to hold a public hearing. Existing Residential Subdivision-2 (ERS-2) is a district listed in the legend and was published as such in 1992. When the map was printed ERS-2 was not shown. John Enos does not think this is necessary to hold a public hearing; this was done when certain parcels were rezoned, and this is an update of the map. It was decided to publish the map in the local newspaper as a public notice stating this map shows the rezoning that have taken place since the last publication
of the map. Jim Anderson wants the
most current update shown on the map. Dave Hamann motioned to publish the updated zoning map. Jim Anderson seconded. Motion Carried 3-0. NEW BUSINESS Proposed
Inspection Procedures Phil Westmoreland stated the proposed inspection procedures was the result of a discussion between himself, Sue Lingle, Treasure and Robert W. Hanvey, Supervisor about consistency in reviewing residential development construction and gave an overview of his submittal. They will performance what ever level of inspection the township wants. He wants the township to be aware the restrictions such as mass grading, they are not doing inspections, if they are on site and see a problem they
will make the township aware. John Enos noted the
inspection fees come out of the developers escrow account. John Lowe asked about
density reports. Phil Westmoreland answered any reports that are submitted they will not be reviewed by Orchard, Hiltz & McCliment. They have been certified by professional and there is no need. This is to make sure they are
performing to specifications. Dave Hamann asked if this would be mandatory for all developments. Do Orchard, Hiltz & McCliment become part
of the townships liability if there are problems? Phil Westmoreland
answered yes. Dave Hamann asked if
this applied to all developments, private road developments. Phil Westmoreland
answered if they need public improvements, yes.
Discussion ensued on how this will effect pre-existing non-conforming private road and township liability. Dave Hamann motioned to forward recommendation for approval of proposed inspection procedures to the Board of Trustees for review and approval. Jim Anderson seconded. Motion Carried 3-0.
OLD BUSINESS Proposed Text Amendment - Section 6.20 B New Private Roads and Section 6.20 A New
Private Roads John Lowe asked Phil
Westmoreland if he had the standards. Phil Westmoreland
answered that is the handout they received tonight. John Enos will submit
changes requested by the commissioners for the August 23, 2005 meeting. Phil Westmoreland asked the Planning Commission members to think about allowing new private roads to be built with gravel. If so he will develop a set of standards that will apply. They can let them know at the next
meeting. Dave Hamann motioned to table 6.20 A & 6.20 B when John Enos submits a final documents for the August 23, 2005
meeting. Jim Anderson seconded.
Motion Carried 3-0. Proposed Text Amendment - Article XVIII Site Plan Review Requirements & Site Plan
Review Application & Checklist John Enos noted the Board of Trustees was asked if they would like to review preliminary submittals and they
said yes. Mike Kehoe has review
this text and given his approval. The Planning Commission members asked John Enos to submit a copy including Mike Kehoe suggestions without
highlighting for the August 23, 2005 meeting. Dave Hamann motioned to table items #4 & #5 until John Enos submits final copy. Jim Anderson seconded.
Motion Carried 3-0. 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 Dave Hamann motioned to send Section 8.01 E 6 to Livingston County Department of Planning for review and approval, if approved it will then be sent to the Board of Trustees for approval. Section 8.01 E 17 to be placed on the August 23, 2005 agenda. Jim Anderson seconded. Motion Carried 3-0.
Proposed Text Amendment - Section 8.02 E 4 - Suburban Residential uses Permitted by Special Use
Permit - Cemeteries, Crematories & Mausoleums Dave Hamann motioned to send Section 8.02 E 4 to Livingston County Department of Planning for review and approval, if approved it will then be sent to the Board of Trustees for approval. Jim Anderson seconded.
Motion Carried 3-0. Proposed Text
Amendment - Section 3.02 - Definitions - Landscape Buffers The commissioners asked John Enos to make the following changes and submit for the August 23, 2005
meeting. #1 Berm - replace audible to auditory and remove ‘and a transition between uses of differing intensity.’ #2 Buffer Zone - insert will between than and serve. Insert may between below and function. Insert and between
zone and therefore. Joint Meeting Annette McNamara will contact the Board of Trustees members and Zoning Board of Appeals members to find out the dates they are available in early September. A date will be set at the August 23, 2005
meeting. Land Division
Amendment 525 John Enos will submit proposed changes to the Subdivision Control Ordinance General Ordinance for the August 23,
2005 meeting. John Enos suggested the Planning Commission members look at proposed text he has developed for a conditional zoning ordinance. He asked that they let him know if they are interested and he will submit for their
review. John Enos reminded the Planning Commission members of the State Planning Conference taking place in September 2005 and suggested they start receiving the publication “Michigan Association of Planners.” Proposed Text Amendment - Section 8.01 F 6 & 7 - Rural Residential - Site Development
Requirements Proposed Text Amendment - Section 8.02 F 6 & 7 - Suburban Residential - Site Development
Requirements Proposed Text
Amendment - Section 6.18 F 1 & G - Condominium Projects Proposed Text
Amendment - Section 6.19 B - Access Controls Proposed Text
Amendment - Section 17.07 - Standards for Cemeteries,
Crematories & Mausoleums Proposed Text
Amendment - Section 17.16 - Standards for Group Day Care
Homes Proposed Text
Amendment - Section 17.08 - Standards for Child Care
Centers Proposed Text
Amendment - Section 3.02 - Definitions - Cemeteries Proposed Text
Amendment - Section 3.02 - Definitions - Child Care Centers Proposed Text
Amendment - Section 17.08 - Standards for Child Care
Centers Dave Hamann motioned to table the above agenda items (numbered 8 through 19) to the August 23, 2005
meeting. Jim Anderson seconded.
Motion Carried 3-0. CALL TO THE
PUBLIC None heard. ADJOURNMENT Dave Hamann motioned to adjourn the meeting at 10:15 p.m. Jim Anderson seconded. Motion Carried 3-0.
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