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MARION TOWNSHIP DRAFT MINUTES September 28, 2004 PUBLIC HEARING - 7:00 MEETING MEMBERS PRESENT: John Lowe, Jean Root, Jim Anderson, Dave Hamann,
and Debra Wiedman-Clawson OTHERS PRESENT:
Annette McNamara, Zoning Administrator ****************************************************************** CALL TO ORDER The public hearing was
called to order at 7:08 p.m. APPROVAL OF
AGENDA Dave Hamann motioned to approve the agenda as presented. Jim Anderson seconded. Motion carried 5-0. INTRODUCTION OF
MEMBERS CALL TO THE
PUBLIC None. OLD
BUSINESS—PROPOSED TEXT AMENDMENTS Section
7.10—Gross John Lowe read the proposed new language. The Schedule of Regulations will include a new footnote (i) to read as follows: “Minimum lot area shall be the gross lot area as that term is defined
in Article 3—Definitions of this zoning ordinance.” Call
to the Public: None. Section
6.24—Landscape Buffer John Lowe read the proposed new language. Section 6.24—Landscape Buffer shall be deleted in its entirety and a new Section 6.24 shall be substituted, which will read as follows: “The Planning Commission may require a landscape greenbelt buffer where the impact of a proposed development will have a negative impact on existing abutting parcel or parcels. If such a greenbelt is required, it shall be 25-foot wide landscape greenbelt buffer established alongside in between the boundaries of the proposed development, and any existing abutting parcels the Planning Commission determines could be negatively affected by the proposed development. A 50-foot wide greenbelt shall be established adjacent to any public road right-of-way which is not located within the project. The required greenbelt area shall be maintained in natural vegetation
or landscaping to provide a visual buffer.” Debra Wiedman-Clawson asked how the township could be sure that trees aren’t removed from the buffer area. Mr. Lowe said the township will have to inspect. Ms. Wiedman-Clawson said Hamburg
natural vegetation or visual buffer. Mr. Lowe said that could be added later and asked to have it added
to the agenda for October 18. Call
to the Public: None. Section 8.01 D
1—Uses Permitted by Right Subject to Special Conditions Mr. Lowe said the proposal is to add Section 8.01 D 1 to Section 6.24. This will make Section 6.24 apply universally to all projects within the township. It will read as follows: “Single-family subdivision and condominium developments are subject to the following conditions in addition to the requirements of the Subdivision Control Ordinance: A 25-foot greenbelt shall be established along the side and rear of development boundaries; a 50-foot greenbelt shall be established adjacent to any public road right-of-way that is not located within the project; the required greenbelt area shall be maintained in natural vegetation or landscaping planning to provide a visual buffer. The area of the required greenbelt that lies within the boundaries of the lot or unit is
applied to the area calculation for that lot or unit.”
Mr. Lowe restated that Section 8.01 D 1, section A, will be moved to Section 6.24. Section 8.01 D 1 will read as follows: “Single-family subdivision and condominium developments subject to the following condition in addition to the requirements of the Subdivision Control Ordinance: no lots or units shall be permitted access from roads other than those that are interior to the development.” Jean Root noted a letter from Mike Kehoe dated August 24, 2004 that suggests item B would be more
appropriate in the condominium project section of the zoning ordinance.
Call
to the Public: None. NEW BUSINESS None. CALL TO THE
PUBLIC None. ADJOURNMENT Dave Hamann motioned to close the public hearing at 7:23 p.m. Jean Root seconded. Motion carried 5-0. Regular Meeting - 7:30 PM MEMBERS PRESENT:
John Lowe,
Jean Root,
Jim Anderson,
Debra Wiedman-Clawson OTHERS PRESENT:
Phil Westmoreland & Kristen
Lundeen, OHM
Robert W. Hanvey,
Supervisor
************************************************************************************************************************ CALL TO ORDER The meeting was called
to order at APPROVAL OF AGENDA
John Lowe presented the agenda. Ms. Root stated that the agenda needs to be amended to include Section 6.07 under Old Business, which was in the old minutes and can be inserted under Section 17.24.
Mr. Lowe suggested moving the Ms. Root moved to approve the agenda as amended. Jim Anderson supported the motion. Motion carried 5-0. The Planning Commission
members introduced themselves to the audience. CALL TO THE PUBLIC
Mr. Lowe made a call to
the public. There was no response. APPROVAL OF MINUTES
John Lowe presented the
minutes of the minutes needed some corrections. Ms. Root moved to table the minutes so that they may be corrected. Mr. Anderson supported
the motion. Motion
carried 5-0. Mr. Lowe presented the
minutes of the Ms. Root indicated that the minutes needed some corrections. Ms. Root moved to table the minutes so that they may be
corrected. Mr. Anderson supported the motion. Motion
carried 5-0. Mr. Lowe presented the
minutes of the Mr. Hamann moved to approve minutes as presented. Mr. Anderson supported the motion. Motion
carried 5-0. OLD
BUSINESS The
Meadows West Site Plan Review & Special Use Permit Ms. Wiedman-Clawson
stated that she was abstaining from the following discussion. Mr. Barnwell of Desine Engineering presented the site plan for Meadow West. Mr. Lowe asked the township engineer if they had any comments on the proposed plan. Ms. Lundeen made comment on some of the areas regarding grading and maintenance issues but stated that in the interest of saving trees, the increased slopes would be more desirable than tree removal. Other than that, they did not have any additional comment. The Planning Commission expressed concerns regarding the buffer being disturbed. This issue was discussed. Mr. Anderson expressed his uneasiness with this plan because of tree removal. Mr. Lowe asked if the storm sewer that runs along the southern border of the site could be relocated to minimize the tree removal. Mr. Barnwell stated that the present location of the pipe is the most feasible because of grading issues. He stated that replacement trees are proposed at 20 foot centers. The Planning Commission suggested adding retaining walls in the areas between units 49 and 50 and also on the corner by unit 52 to minimize tree removal. Ms. Root asked if the replacement trees could
be placed on 15 foot centers. Mr. Barnwell stated they could.
Ms. Root moved to amend the Special Use Permit for The Meadows to include The Meadows West, tax code number 4710-11-200-013, with the following condition: that the site plan for The Meadows West is approved subject to Section 17.21. Mr. Hamann supported the motion. Motion carried
Ms. Root moved to approve the site plan for The Meadows West dated 9-2-04, tax code number 4710-11-200-013, contingent upon the following conditions: add retaining walls in the areas between units 49 and 50 and also on the corner by unit 52 to minimize tree removal; the replacement trees be placed on 15 foot centers; developer agrees to attempt to save as many internal trees as possible, to include the letter dated 10-20-04 from the township attorney; to include letter dated 9-21-04 from township engineer; for clarification the Master Deed and Condominium Documents be provided and reviewed by the township attorney prior to plan being brought to the township board. Mr. Hamann supported the motion. Motion
carried Mr. Depner of Boss
Engineering stated that the plan for 100- foot radius. This has eliminated all but one of the requested variances, road length. The Michigan Department of Environmental Quality (MDEQ) permit has been updated. Mr. Depner stated that the ZBA suggested that he go back to the MDEQ and obtain a letter stating that everything in his power has been done to alleviate the public safety issues and at the same time minimize the impact on the wetlands and stating that the MDEQ would not allow the radius to be increased any further as it would impact the wetlands. At the ZBA meeting, he was able to obtain a letter to that effect; however, he became aware that the township engineer wanted to have a meeting at the site with the MDEQ. It was discussed at the meeting that the MDEQ would allow the radius to be increased to the minimum requirements of the ordinance if a letter could be obtained from the township stating that due to public safety concerns, approval will not be given with anything less than a 230-foot radius. Mr. Depner stated that the previous concerns have been addressed with the site plan being changed. Mr. Depner would like to get final site plan approval contingent upon the one remaining variance being granted. He would like to go back to the ZBA next week for the road length variance. Mr. Lowe instructed Ms. McNamara to construct a letter to the MDEQ from the township stating that due to public safety concerns, approval will not be given with
anything less than a 230-foot radius. Ms. Root moved to approve the site plan for Jesse Drive, tax code number 4710-22-400-004, contingent upon a letter being drafted by the Zoning Administrator to the MDEQ stating that a 100-foot radius is unacceptable for reasons of public safety and that a radius of 230-feet is required per the zoning ordinance; before the site plan goes before the township board the township attorney shall review and approve the road maintenance agreement and road easement agreement; the previous suggestions to the ZBA regarding 6.2 g no longer pertain; the township engineer will review the site plan for comments dated
9-28-04. Mr. Anderson supported the motion. Motion carried 5-0. Ms. Root moved to set a public hearing date for the Crossroads Apostolic Church Special Use Permit for Mr. Breiner presented
plans for the a 15-year plan on demographic projections of growth. Currently we are an 8379-student school district. The projection is that by the year 2030, Howell will be a 15,000-student district. Howell is the largest school system in the county. Mr. Breiner presented images and layout of the new high school. Mr. Breiner stated that they met with homeowners in the area to address any concerns that they might have. He stated that a
traffic light would be installed at D-19 and No improvements to to the school only. Construction will operate during regular business hours. There is a liaison for this project to address any concerns from the residents in the area. There will be, at times, security at the site. The Planning
Commission thanked Mr. Breiner for his time. Section 13.03 Common Open Space – Section 8.02 a Suburban Residential Intent – Section
17.24 Private Recreational Facilities – Three Proposed Text Amendments Ms. Root moved to send Section 13.03 Common Open Space, Section 8.02 SR Intent and Section 17.24 Private
Recreational Facilities to Mr. Anderson supported
the motion. Motion
carried 5-0. Section
19.02 Non Conforming Lots Ms. Root moved to table
Section 19.02 until ordinance workshop meeting on Ms. Wiedman-Clawson
supported the motion. Motion
carried 5-0. Planning
Commission Rules and Procedures of 1996 A letter was presented from Mike Kehoe, township attorney, clarifying suggested language in regard to quorums. Ms. Root instructed Ms. McNamara to insert Mr. Kehoe’s comments in the Rules and Procedures for review
at the Section
6.07 Accessory Structures - Proposed Text Amendment Ms. Root moved to set a
public hearing for Section 6.07 on Mr. Hamann supported
the motion. Motion carried 5-0. CALL TO THE PUBLIC:Mr. Lowe made a call to the public. Mr. Mohr of 3012 Sanatorium wanted to thank the Planning Commission for being so diligent in its efforts for serving the public. He stated they are doing a good job. ADJOURNMENT
Mr. Lowe moved to
adjourn the meeting at Motion
carried 5-0.
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