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MARION TOWNSHIP PLANNING COMMISSION July 27, 2004 MEMBERS PRESENT:
JOHN LOWE, CHAIRPERSON
JEAN ROOT, SECRETARY
JIM ANDERSON
DAVE HAMANN
DEBRA WIEDMAN-CLAWSON OTHERS PRESENT:
ROBERT W. HANVEY, SUPERVISOR
PHIL WESTMORELAND, TOWNSHIP ENGINEER
ANNETTE MCNAMARA, ZONING ADMINISTRATOR ****************************************************************** CALL TO ORDER The meeting was called
to order at 7:35 MEMBERS
PRESENT All present APPROVAL OF
AGENDA John Lowe requested the agenda be amended to include Fox Meadows and review definition for Lot Area, Gross, clarification needed, add as final items under New Business. Jean Root motioned to
approve the agenda as amended. Jim
Anderson seconded. Motion
carried 5-0. CALL TO THE
PUBLIC None heard. APPROVAL OF
MINUTES Jean Root requested the following corrections. Page 2, incorrect spelling of interpreted. Page 2, addition of Phil Westmoreland point regarding planners’ responsibility to direct developers as to Planning Commission concerns when reviewing site plans at pre application meetings. Page 4 proposed Adler development; reads as if Mike Boss was at meeting, clarify the question was asked prior to the night of the meeting. Dave Hamann motioned to table the minutes as to the next regularly
scheduled meeting. Debra Wiedman-Clawson
seconded. Motion carried 5-0. OLD BUSINESS Planning
Commission Rules and Procedures of 1996 Planning Commission reviewed the document. Debra Wiedman-Clawson questioned the call to the public items being continued later in the meeting. John Lowe stated the agenda is published so anyone would like to be involved in the discussion has a chance. The item brought up during call to the public can be placed on the next agenda. Page 5, at chairpersons’ discretion, public participation may be allowed on agenda items. Jean Root motioned to send to Mike Kehoe, Township Attorney for final review of the Planning Commission Rules and Procedures of 1996, and forward to Board of Trustees for their review. Add to the August 24, 2004 Planning Commission
regular agenda for adoption. Jim
Anderson seconded. Motion
carried 5-0. Review of the
Draft List of Private Roads Dave Hamann suggested Planning Commission review between now and the next workshop. Debra Wiedman-Clawson suggested separating the new private road developments from the old private roads. The new developments do not have the problems the older ones have. Dave Hamann motioned to table review of the draft list of private roads to the next Planning Commission
Special Meeting. Debra Wiedman-Clawson
seconded. Motion carried 5-0.
NEW BUSINESS The
Meadows West Special Use Permit Debra Wiedman-Clawson will abstain from this agenda item. Site Plan has been sent out for review and comment. As the comments come back they will be forwarded to Desine, Inc. so changes can be made prior to the August 24, 2004 regular meeting. Dave Hamann motioned to set public hearing for August 24, 2004 at 7:00 p.m. Jim Anderson seconded. Motion carried 4-0. Debra
Wiedman-Clawson abstained. MHOG Well houses
#5 & #6 Kari Joswick of Tetra Tech presented site plan on behalf of MHOG. The site plan was reviewed and approved in 2003. In the near future increased capacity will be necessary, if installed under the current contract with Irish Construction monies can be saved. Security will be increased around the well houses with additional fencing. The berm on the south side of property will be extended to a certain point. The reason for not extending the entire length is because the area may be used for an expansion in approximately ten years. Kari noted the stubs to accommodate the potential of six
more well sites. overall plan had changed since then. This is an internal phasing. And does MHOG have ownership of
property to the south. south
a new site plan will be submitted. the
gate is open. tomorrow night at the MHOG meeting. Dave Hamann motioned to recommend approval for MHOG addition of well houses #5 & #6, to be sent to the Board of Trustees. Debra Wiedman-Clawson seconded. Roll Call Jim Anderson, Jean Root, John Lowe, Dave
Hamann, Debra Wiedman-Clawson all yes. Motion
carried 5-0. Proposed text
amendment – Section 13.03 C – Common Open Space Dave Hamann motioned to set a public hearing for Section 13.03 C for August 24, 2004, at
7:25 p.m. Debra Wiedman-Clawson
seconded. Motion carried 5-0.
Proposed text
amendment – Section 8.02 - Intent Planning Commission decided to discuss after public input. Jean Root motioned to set a publish hearing
for August 24, 2004 at 7:27 p.m. Jim
Anderson seconded. Motion
carried 5-0. Set date for
August Special Meeting Jean Root motioned to set a special meeting for August 9, 2004, at 7:30 p.m. in the new meeting room.
Jim Anderson seconded. Motion
carried 5-0. Fox Meadows Carroll Strange told the Planning Commission the reason for him attending the meeting tonight to clarify language for easement or ownership for entrance to Fox Meadows. A lot line change was necessary for the required amount of property for Walter Goodman property. Mr. Hanvey suggested
Carroll Strange come back before the Planning Commission to discuss.
John
Lowe asked if there were drawings for the Planning Commission to review
tonight. never
changed, yet property line is six feet closer to the edge. John Lowe questioned if the property line goes to the easement whether it is gross or net, we will clarify tonight that gross lot area is the precedence the Planning Commission has always taken. Does
this need to take place? took
sixty feet. changes
whether they use it or not. when the Fox Meadows site plan first came to the Planning Commission and asked if they could do whatever you are ever going to do within this intersection within your sixty six foot right-of-way
and was told yes. wants
to put in five lanes, it cannot be done in sixty six feet. If they take significant portions of the lot that render it unusable by law they have to purchase entire
lot. easement. If
there were no extenuating circumstances you definitely do not want to do
that. Debra
Wiedman-Clawson asked. Does it
affect any of the lots? Phil
Westmoreland answered, no. Jim
Anderson asked why the road cannot be moved to the east. Phil Westmoreland answered it can, it will be forced off up here due to the arc of the road. Would
rather have it centered in that area instead of in front of the lots. Phil Westmoreland stated you can write the easement so that it cannot be abandoned without both
parties consent (talking about the sidewalk vs. entire road.) Carroll
Strange handed out a letter from Walter Goodman stating he is in agreement
with this. Jean Root asked John Lowe if his concern was setting a precedence of shifting the six feet to one
side off center. others
will say it was done before. agreement
and utilities. He has to abandon
his septic and hook up to utilities. John
Lowe asked. With the ownership
does that affect his right to entry, future access? Jean
Root asked if the attorney has reviewed these documents. Carroll Strange answered Mike Kehoe has been part of the negations. Mike Kehoe has not completely
objected, yet this plan is the worst of two evils. County
Road Commission has a problem with the road being off center. this
is a private road and the Livingston County Road Commission does not have
jurisdiction. Jean
Root stated we abide by the road commissions standards. John Lowe; if we go back and clarify the gross area, which is what this question is based on if we
clarify the lots are based on gross area then this problem goes away. Jim Barnwell stated the Planning Commission can argue Walter Goodman has enough area (over there) he is centered in the overall easement; this is an ingress/egress and public utility easement.
He owns that, yet he has the easement over there. Debra
Wiedman-Clawson and he is issuing the easement. Jim Anderson asked for clarification. If you add the easement to that then he is centered. Someone answered; yes. Jean Root asked if the Planning Commission could motion to recommendation for approval contingent upon review by Mike Kehoe and the Livingston County Road Commission and with the stipulation the Planning Commission does not want to set precedence, these are extenuating circumstances. The Planning Commission recognizes that he does
own the easement that does put it in the middle. John Lowe asked the Planning Commission if the intent of lot area, say if you have one acre, which included the road right-of-way, that gross area determined the lot size, not net. Walter
Goodman has enough acreage is that correct? Discussion ensued on a SEMCOG master plan that Walter Goodman’s engineer is using as a tool for
design and the problems it is creating. plan submitted previously with ownership under Fox Meadows and the remaining parcel which is
based upon gross area, meets the ordinance criteria for a parcel containing
over one acre. Planning Commission directed the Zoning Administrator to send Walter Goodman a letter clarifying; the interpretation this Planning Commission and past Planning Commissions have made is that lot area as defined in Article III, Definitions is gross lot areas is the same as the lot
area as indicated in the Schedule of Regulations. Jean Root motioned to direct Zoning Administrator to notify property owner Walter Goodman, who is the adjoining property owner to Fox Meadows Site Condominium a notice and definition of
lot area. Debra Wiedman-Clawson
seconded. Motion carried 5-0.
Dave Hamann motioned to recommend approval for site plan showing Fox Meadows owning the private road for Site Condominium. Contingent on Zoning Administrator assigning a date to the site
plan then forward to the Board of Trustees for review at their August
meeting. Dave Hamann amended motion to include: all documents pertaining to Fox Meadows including Master Deed and By-Laws subject to be approved by Mike Kehoe, Township Attorney and forward to
the Board of Trustees. Jim
Anderson seconded. Motion
carried 5-0. The Planning Commission discussed the addition of Lot Area, Gross to the footnotes of the Schedule of Regulations. Zoning Administrator will contact Mike Kehoe, Township Attorney to find out if this would be the correct placement within the zoning ordinance and if a public hearing will
be necessary. CALL TO THE
PUBLIC None
heard. ADJOURNMENT Jean Root motioned to
adjourn at 9:27 p.m. Jim
Anderson seconded. Motion carried 5-0.
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