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MARION TOWNSHIP PROPOSED MINUTES - PUBLIC HEARING OCTOBER 28, 2003 @ 7:15 PM
MEMBERS
PRESENT: Jim Anderson,
Debra Wiedman-Clawson, Dave Hamann, John Lowe, Jean
Root MEMBERS ABSENT:
None OTHERS
PRESENT: John
Ambrose, Planning
Consultant
Bob Hanvey, Township
Supervisor
Annette McNamara, Zoning Administrator *************************************************************************************************************
CALL TO ORDER
John
Lowe called the meeting to order at 7:15 p.m. APPROVAL OF
AGENDA
Dave
Hamann made a motion to accept the agenda.
Jean Root seconded. Motion carried APPROVAL OF MINUTES None. OLD
BUSINESS Proposed
Rezoning Application #RZN 3-03 from Suburban Residential Mike Boss appeared on behalf of Adler Development proposing rezoning of 27 acre parcel of land from Suburban
Residential (SR) to Urban Residential (UR). pointing out that rezoning petitions are reviewed in relationship to Master Plan, land use patterns and zoning. John Ambrose stated current Master Plan calls for this area to be in an area classified as Mixed Urban, which has a number of uses that would be proposed for this area: 1) residential allowing 8-10 units per acre, others would be commercial type businesses such as service stations, hotels, motels, etc. John Ambrose stated he would
not recommend commercial for this site. John
Ambrose’s recommendation would be to approve this rezoning from SR to UR
based on following criteria: 1.
Proposed
rezoning is consistent with existing land use patterns found in area. 2. Proposed rezoning is basically in harmony with existing zoning patterns found especially to the west
and south of
the site. 3.
Proposed
rezoning is in keeping with the Master Plan. 4. Proposed rezoning and potential land use which in this case would be mobile home family classification which would provide an excellent land use buffer along I-96 corridor, directly north and adjacent to this parcel to the
residential developments that are basically south of Francis Road. John Ambrose stated the rezoning does not have anything to do with what they are proposing on this map. He stated anything to do with development of this site is subject to two other steps: 1) Special Use Approval and, 2) Site
Plan. CALL TO THE PUBLIC Jack Lowe read letters of opposition from area residents: Louise Dodd, 1722 Fox Ridge; Linda
Casterline, 393 Newberry Lane; Debra Simpkins, 95 Newberry Lane. Dave Smith, 328 Francis, asked what mixed urban is. John Ambrose explained that the Master Plan is used as a principal guide to make decisions on future zoning. The Master Plan calls for this area to be Mixed Use. Mr. Smith
stated he would like the Planning Commission to disapprove the rezoning from
SR to UR. Louise Dodd, 1722 Fox Ridge, asked what portion is considered wetlands. Mike Boss stated the only wetland area is a pothole in front. Jack Lowe pointed out there is steep topography that runs along Francis Road and there can be
no building there or access in that area. Horace Cole,
918 Francis Road, requested a traffic light for Francis Road and D-19 due to
high traffic volume. The following spoke against the development: Marie
Blackett, 109 Newberry Lane; Jean Kreager, 240 Newberry Lane; Al
Smith, 1104 Elk Run. Tom Klebba, 1615 Triangle Lake Road, stated he sat in on the visioning sessions the township conducted in the early ‘90s when the Master Plan was developed. This proposal to rezone meets the criteria set forth in Master Plan. The roads will catch up to the development. He is in favor of rezoning as set forth in the Master Plan. uses is trailer parks. John Ambrose stated the Planning Commission has to be convinced that all criteria is met that is
set forth by the ordinance. John Ambrose stated that is not correct. They have their own districts. Mr. Smith pointed out that this is in the ordinance. Annette McNamara cited No. 12, Item D, Special Use Permit that addresses two family recreational multiple
family, Mobile Home Park. ordinance. Dave Smith requested that proposed rezoning not be accepted until this change is reflected in the ordinance. in the
ordinance. trailer
parks. service district also showed Urban Service District. The definition on that was paved roads, public sewer, public water, fire
and utility services. ADJOURNMENT
Dave Hamann made a motion to close the Public Hearing at 7:49 p.m. Jean Root seconded. Motion carried 5-0.
PLANNING COMMISSION REGULAR MEETING @ 7:30 PM
MEMBERS
PRESENT: Jim Anderson, Debra
Wiedman-Clawson, Dave Hamann, John Lowe, Jean Root MEMBERS ABSENT:
None OTHERS
PRESENT: John
Ambrose, Planning Consultant Bob Hanvey, Township
Supervisor
Annette McNamara, Zoning Administrator *************************************************************************************************************
CALL TO ORDER
John
Lowe called the meeting to order at 7:50 p.m. APPROVAL
OF AGENDA John Lowe proposed to move the ordinance amendments after Old Business. Annette McNamara requested adding discussion of December 15, 2003 meeting regarding what can go on agenda and what can’t under new business. Jean Root proposed adding the discussion of next meeting and change time for next Comprehensive Plan
meeting. Motion
carried 5-0. APPROVAL
OF MINUTES August
26, 2003 Regular Meeting Dave Hamann
pointed out that changes from the August 26, 2003 were all on the first page
and they are all okay. Jean Root made a motion to approve the minutes from the August 26, 2003 regular meeting as submitted. Jim Anderson
seconded. Motion carried 5-0. September
23, 2003 Public Hearing Minutes – Section 3.02 Definition of Lot Line #3
Side Lot Line Jean Root made a motion to approve the September 23, 2003 minutes from the Public Hearing on Section 3.02 Definition
of Lot Line #3 Side Lot Line. Dave Hamann seconded. Motion
carried 5-0. September
23, 2003 Public Hearing Minutes – Section 6.20 Cul-de-Sacs Dave Hamann made a motion to accept the minutes for September 23, 2003 Public Hearing on Section 6.20 Cul-de-Sacs.
Debra Wiedman-Clawson seconded. Motion
carried 5-0. September
23, 2003 Public Hearing Minutes – Section 6.29 Open Space Preservation Jean Root made a motion to approve the Public Hearing minutes from September 23, 2003 for Section 6.29, Open Space Preservation. Dave
Hamann seconded. Motion carried 5-0. September 23, 2003
Public Hearing Minutes – RZN #3-03 Jean Root stated that the last three paragraphs on page
three should be deleted since they are in regular meeting minutes Jean Root made a motion to accept the minutes for September 23, 2003 Public Hearing for the rezoning of Tax ID #4710-01-300-30, 031, and 032 as amended.
Jim Anderson seconded. Motion
carried 5-0. September 23, 2003 Regular
Meeting Minutes Debra Wiedman-Clawson noted on page 4, a typo, first line,
should be first time instead of “this” time. Jean Root made a motion to accept the regular Planning Commission meeting minutes for September 23, 2003 as amended. Debra Wiedman-Clawson seconded.
Motion carried 5-0. OLD
BUSINESS Proposed Rezoning Application #RZN 3-03 from
Suburban Residential to Urban Residential
Jean Root questioned John Ambrose on whether Planning Commission can look at what development is proposed if rezoned? John
Ambrose stated no. Urban Residential (UR), a 25% increase in density would be gained, which would be without special permitting. It would be an automatic upgrade. situation with different zoning on all sides. That is not a
good situation. zoning to higher density is the burden of increased traffic
flow. traffic flow. John Lowe stated from a safety standpoint
regarding the road situation this would preclude this at this time. Mike Boss in response stated there is nothing to suggest this is a safety issue. Mike Boss stated if they proposed increasing density from 20,000 to 15,000 square feet, that is when a traffic study is requested. Mike Boss stated bottom line is to ask if this is a proper zone for this property given the layout of the land and according to the current Master Plan. Mike Boss stated they are here for a recommendation
on the rezoning itself. Debra Wiedman-Clawson stated that in the Master Plan paved roads, sewer/water, fire and police services are noted under the service district. and water district are proposed to be. Whether commercial is or is not allowed? John Ambrose stated commercial is not allowed. To clarify, John Ambrose stated urban mixed classification in the Master Plan calls for residential with high density and says it is ideal for commercial, office, light industrial, but current zoning
does not allow for commercial. John Lowe also pointed out that the Livingston County Health Department (LCHD) would not recommend a Mobile Home Park adjacent to I-96 expressway. The density of housing would not be environmentally safe and/or a sound community. Debra Wiedman-Clawson also pointed out another concern of the LCHD were the pipelines. A power line easement runs through the property proposed for
rezoning. develop the property under the current SR zoning. Mike Boss stated it is not economically feasible to develop this property under SR. Application #3-03, Tax Code #1001-300-030, 031, 032 for the
reasons listed below: 1) Is the rezoning justified by change or changing conditions in the area? It is the opinion of the Planning Commission that it is
not justified based upon the reasons in items 3-8 to be provided. 2) Is the rezoning consistent with the Township’s future land use plan and established land use patterns? No, it is not for the
following reasons: The property
is on a secondary road and not a paved public road and it creates isolated
zoning districts. 3)
Would the
amendment create an isolated district unrelated to the adjacent district?
Yes, it would. 4) What is the capability of providing public utilities, roads and services if the rezoning is approved? At this time the existing
road is a secondary road and not a paved road. 5) Would the rezoning be compatible with neighboring properties? No. The minutes from the Public Hearing should be included
as well as letters received on the rezoning issue. 6) Will the rezoning adversely affect the value of these properties? Please refer to the Public Hearing minutes and letters
received on rezoning issue. 7) Is it economically feasible to develop the property under the current zoning? It is the opinion of the Planning Commission
that it is economically feasible to develop the property as it is currently
zoned. 8) Are there adequate sites elsewhere in the community for the proposed use? Yes, there are. For example, directly behind the
Best Western property. Jim Anderson seconded.
Motion carried 5-0. Dave Hamann asked if this is a motion to deny or a recommendation. John Ambrose stated this still goes to the Township Board for its consideration. John Lowe stated the recommendation is to deny the rezoning
and send the request to the Township Board for its review. Final Site Plan Review – Stone Garden
(formerly Tonch Private Drive) Brad Thompson appeared on behalf of Mr. Erwin Tonch. This is a proposed 129 acre parcel division east of Pingree Road, ¾ mile south of Vines Road. It is not a site condominium and not a proposed plat. They are requesting 17 parcel divisions with the 18th being the remaining parent parcel. The next step is to submit actual construction plans to the Livingston County Road Commission. sites and they are all proposed to be on individual single family wells. They have also received conceptual approval of the plan from Ken Recker, Livingston County Drain Commissioner. John Lowe also stated that as far as road construction, it would be turned over to the Livingston County Road Commission. Debra Wiedman-Clawson pointed out in Section 6.25, 6.26 regarding sidewalks and street lights and development, township definition addresses any land use being
constructed. Jean Root made a motion to accept the plans for Tax Code 4710-31-200-005. Debra Wiedman-Clawson seconded. Motion carried 5-0. NEW
BUSINESS MHOG Expansion Plant – Site Plan Review
#5-03 Gary Markstrom from Tetra Tech appeared on behalf of the
MHOG Expansion Plant. Two things are being proposed on behalf of the MHOG
Authority: 1) New well site and wellhouse on 20 acre parcel, which will service Marion Township; small building, 20 x 25 in size; housing well
and electrical gear, unmanned and work in conjunction with three other
systems. 2) Second phase of the project is a treatment plant expansion raising capacity of treatment plant from 4 million gallons a
day to 12 million gallons a day. There were comments from Orchard, Hiltz & McCliment (OHM) who reviewed the plan. The few things that were mentioned (things that were not labeled such as slopes,
size of pipes) will be corrected and resubmitted to township. John Ambrose had a question regarding planting list and existing trees. There will be 11 spruce trees along north side of drive, four along the front entrance and relocating eight
trees along berm that will be regraded. John Ambrose suggested that areas should be irrigated where
primary landscaping is going in. Jim Anderson asked if this aquifer is related to the Green
Oaks one. It is not. It is in the Marshall sandstone. Lighting was questioned. There will be site lighting and
sidewalks extended to building entrances. Debra Wiedman-Clawson asked for clarification on a Michigan Department of Environmental Quality (MDEQ) permit for Well #4. Gary Markstrom responded they have test site approval with a letter from the MDEQ. They will not issue the permit for the construction of the building until after
they get the results of the test well.
Debra Wiedman-Clawson also has a concern with the 100 foot isolation distance extending underneath the asphalt driveway. asphalt drive across the 100 foot isolation area. He will provide a copy of the MDEQ preliminary site approval of the test well location. with the following conditions: Comments included from letter dated 10/17/03 from John Ambrose; letter dated 10/21/03 from Orchard, Hiltz & McCliment, Inc.; letter dated 10/14/03 from the Livingston County Road Commission; letter dated 10/14/03 from Howell Fire Department; copy of MDEQ letter regarding test well site approval to be provided for file. Debra Wiedman-Clawson seconded.
Motion carried 5-0. Proposed Rezoning Application #RZN-4-03 from
SR to UR Paula Hoeft, Atwell-Hicks appeared on behalf of Crescendo
Homes to set a Public Hearing. Jean Root made a motion to hold the Public Hearing for Crescendo Communities, Application #RZN 4-03 on November 25, 2003 at 7:15 p.m.
Jim Anderson seconded. Motion carried 5-0. There was discussion regarding the Comprehensive Planning
meeting to take place on November 6, 2003 to start at 6:00 p.m. Proposed Ordinance Amendments Section 6.14 – Home
Occupation Jean Root made a motion to table Section 6.14 Home Occupation until the December 15, 2003 Planning Commission meeting. Debra Wiedman-Clawson seconded. Motion carried 5-0. Section 3.02 –
Definition of Lot Lines #3 Side Lot Line John Ambrose stated that with regards to proposed side lot lines and cul-de-sac issues, numerous communities use that basic definition to define side lot lines and also define cul-de-sacs. Debra Wiedman-Clawson raised the question would there be a problem adding under the definition of lot line, Item # 4 from the October 21, 2003 letter (front page, second paragraph), “…in the case where the above definitions are not sufficient to designate lot lines, the Zoning Administrator shall designate the front, rear and side lot lines in
consideration of the orientation of the buildings…” John Ambrose will draft language to be added to the
definition section. It will then be sent to the Township Board. Section 6.20 F Cul-de-Sacs
– new Item #4 This section will be sent to the Township Board for
approval as written. Section 6.29 Open Space
Preservation John Ambrose referred to a Livingston County Department of Planning (LCDP) comment regarding Open Space Preservation Amendment comment that suggested a new item about greenbelt buffers. The language for Amendment came out of a joint meeting with the Marion Township Planning Commission, Marion Township Board of Trustees, and Township Attorney, Mike Kehoe. This section will be sent to
the Township Board for approval as written. John Ambrose stated that a motion can be made for all
sections. Board for their approval Section 6.20 F, Cul-de-Sacs as written; Section 6.29, Open Space Preservation Option as written, and Section 3.02 to be amended to add item four as submitted by the LCDP, letter dated October 21, 2003. Jim Anderson seconded. Motion
carried 5-0. In further comment regarding Stone Garden and Tonch Drive, John Lowe stated that Tonch Drive falls under the jurisdiction of the Road Commission and Drain Commission and they will have to take care of the issue of the center of the retention pond and they will have to drill on that. John Lowe will ask the Health Department about what it is they are requiring. CALL TO THE PUBLIC Tom Klebba,
1615 Triangle Lake Road, expressed three concerns:
Call
to Public at the beginning of agenda and comments will be limited to three
minutes. 3. Triangle Lake residents have been concerned with a home that has been burned out and abandoned for several years. It is not only an eyesore but poses a dangerous situation. Annette McNamara has called owners. Dave Hamann commented the Township Board suggested residents go to the Planning Commission to request a zoning ordinance for dangerous buildings. Residents have been asked to come to the Planning Commission. John Lowe suggested having Township attorney send a letter to owners to take care of it or it
will go to court to remove hazardous nuisance. Tom Klebba is here to request
something be done. ADJOURNMENT
Jean Root made a motion to adjourn the Regular Planning Commission meeting at 10:15 p.m. Debra Wiedman-Clawson seconded. Motion carried 5-0.
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