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    DRAFT

                                 MARION TOWNSHIP

                     AGENDA & MINUTES

                       NOVEMBER 23, 2004  

CALL TO ORDER:

MEMBERS PRESENT:  

MEMBERS ABSENT:

CALL TO THE PUBLIC:

APPROVAL OF AGENDA:  November 23, 2004   

APPROVAL OF MINUTES FOR:

            September 28, 2004 Regular Meeting

            October 26, 2004 Public Hearing Text Amendment

            October 26, 2004 Regular Meeting

OLD BUSINESS:    

          * Crossroads Apostolic Church- Special Use Permit & Site Plan

                                                    Review for Day Care Center

          * Comprehensive Plan - Review revisions and adoption

          * Plan Review, Inspection and Construction Standards

          * Proposed Text Amendment 6.07 Accessory Structures

          * Proposed Text Amendment 8.01.D.1.a&b

          * Proposed Text Amendment 6.24 Landscape Buffering                                 

NEW BUSINESS:  

CALL TO PUBLIC:

ADJOURNMENT:

MEMBERS PRESENT: JOHN LOWE, JEAN ROOT, JIM ANDERSON

                                   DAVE HAMANN & DEBRA WIEDMAN-CLAWSON  

OTHERS PRESENT:    ROBERT W. HANVEY, SUPERVISOR

                                   PHIL WESTMORELAND, TOWNSHIP ENGINEER

                                   ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                   JOHN ENOS, TOWNSHIP PLANNING CONSULTANT

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

CALL TO ORDER

The meeting was called to order at 7:30 p.m.

APPROVAL OF AGENDA

John Lowe presented the agenda for November 23, 2004 .  John Lowe suggested adding a

discussion regarding language on setbacks in the Suburban Residential District. Dave Hamann

moved to approve the agenda as amended.  Jean Root supported the motion.

Motion Carried 5-0.

INTRODUCTION

The Planning Commission introduced itself to the audience.

CALL TO THE PUBLIC

John Lowe made a call to the public.  There was no response.

APPROVAL OF MINUTES

John Lowe presented the minutes of September 28, 2004 regular meeting. Jean Root noted a

minor change in the minutes is needed as to who moved to adjourn the meeting.

Dave Hamann moved to approve the minutes as amended.  Jim Anderson supported the

motion.  Motion Carried 5-0.

John Lowe presented the minutes of October 26, 2004 text amendment Public Hearing. 

Jean Root noted a minor change in the minutes is needed due to an incorrect Section number.

Dave Hamann moved to approve the minutes as amended.  Debra Wiedman-Clawson

supported the motion.  Motion Carried 5-0.

John Lowe presented the minutes of October 26, 2004 Crossroad Apostolic Church Public

Hearing.  Jean Root noted a minor change in the minutes is needed.  The word “circulation”

should be changed to “traffic”.   Dave Hamann moved to approve the minutes as amended.

Jim Anderson supported the motion.  Motion Carried 5-0.

John Lowe presented the minutes of October 26, 2004 regular meeting.  Jean Root moved to

approve the minutes.  Jim Anderson supported the motion.  Motion Carried 5-0.

OLD BUSINESS

Crossroad Apostolic Church – Special Use Permit # 2-04

Keith Richards of the Crossroads Apostolic Church addressed four comments from the review

letter submitted by John Enos, Township Planning Consultant (dated 11-15-04 .) Showing

adjacent properties within 300’ on the site plan, as no portion of a childcare center shall be

located within 300’ of any gasoline pumps, underground storage tanks, or any other explosive

material. The properties have not been listed on the plans as of yet. The property is located

within the Wellhead Protection Area, any of those uses are not allowed within this area. 

The ratio of caregivers to children between the ages of birth and 2 ½ years of age. The

daycare is not licensed for that age group; they are licensed for children between the ages

of 2 to 12 years of age. The remaining issue is a fence surrounding the play area. Keith

Richards stated that a fence is not required by the State of Michigan .  The fence if installed

would impede other outdoor activities at the facilities.  The fence would also be a financial

burden. John Enos asked how many children the center is expecting to care for. Jo Ann Cook

stated that there were 22 registered at this time.  They average 12-15 during the day and up

to 24 in the late afternoon. They are licensed for 35 children. John Lowe asked John Enos to

summarize his review letter. John Enos stated that he would go through to review letter one

item at a time. He stated that there are some concerns that need to be addressed such as the

pick up and drop off area.  He suggested that the area be delineated in case of high traffic.  

He suggested the use of portable signs and marking to reduce that area to one lane. 

John Enos reiterated that the ordinance prohibits dangerous uses within 300’ of the daycare

center.  John Lowe suggested that this be a note on the site plan.

John Enos stated that the center meets the State of Michigan requirements.  John Lowe

suggested that a note be added to the site plan.

The Planning Commission studied the drawings and surrounding area regarding the play area.

John Lowe asked if the caretaker/child ratio was the same outdoors as it is indoors. Jo Ann

Cook answered yes. John Enos stated that there is no language in the ordinance addressing

this issue. After careful consideration and discussion the Planning Commission determined that

a fence is not necessary. Jean Root moved to recommend approval of the Special Use Permit

# 2-04, Crossroads Apostolic Church located at 144 Schroeder Park Drive , Tax

ID# 4710-01-300-017, to send it to the Board of Trustees for their review and approval with

the following conditions: Special Use Permit should be recorded with the deed.  Special Use

 Permit will not transfer to a new owner without the review and approval of the Zoning

Administrator or the Township Attorney.  Special Use Permit restrictions to be reviewed by

the Township Attorney for approval of language, this document to be signed by operator of

Crossroad Apostolic Church and the Township Supervisor.  Jim Anderson supported the

motion. Motion Carried 5-0.

Jean Root moved to approve the Site Plan for the Crossroads Apostolic Church located at

144 Schroeder Park Drive , Tax ID# 4710-01-300-017 to be sent to the Board of Trustees for

review and approval under the following conditions.  Drip off and pick up to be clearly marked

on Site Plan for a stacking procedure.  Directional marking on pavement to be 2-3’ off of

sidewalk and 2-3’ off of overhang post and to be shown on Site Plan.  Provide note on plan

indicating site is in the Wellhead Protection Area.  Day Care shall be operated under State of

Michigan , current and newly adopted Day Care Facility regulations.  Jim Anderson supported

the motion. Motion Carried 5-0.

Comprehensive Plan – Review revisions

John Lowe started the discussion on the revisions to the Comprehensive Plan.  Jean Root

stated that page 39 did not have anything regarding ERS.  She stated that a definition was

added because we asked that it be shown on the future land use map.  “Land Use Categories”

was changed from 14 to 15 and a green area was added to the map as a category.  John Enos

suggested removing the statement “generally on 1 acre lots”.  Jean Root stated that on page

43, where it states “35 smaller lot residential developments have been identified” the number

35 has been changed to 28.  The word “newer” was added to the next sentence.  The word

“lakes” was omitted from the next paragraph.  The Planning Commission reviewed the

proposed future land use map.  The Planning Commission noted that the map is in need of

changes and will be sent to Katherine Kline-Hudson for changes.  Debra Wiedman-Clawson

suggested that the adoption date be placed at the bottom of each page of the Comprehensive

Plan.The Planning Commission agreed. Jean Root stated that Myrna Schlittler, Clerk and

Jackie Couture, Deputy Clerk’s name should be removed from title page. In there place add

Tammy L. Beal, Clerk and Paula Wyckoff, Deputy Clerk.  Debra Wiedman-Clawson noted a

change in designation to be made around White Birch Trail and Pheasant Run.  The Planning

Commission reviewed and discussed the remainder of the proposed Comprehensive Plan. John

Lowe asked if everyone was in agreement with the revisions, all answered yes.

Jean Root moved to postpone the decision on the Comprehensive Plan until the Special

Meeting scheduled for December 13, 2004 .   Dave Hamann supported the motion.

Motion Carried 5-0.

Plan Review, Inspection and Construction Standards

John Lowe presented the Orchard, Hiltz & McCliment, Inc. proposal. The procedure of

receiving complete site plan packages was discussed.  John Enos questioned if there was a

preliminary and final review or if there is just one review.  The Planning Commission stated

that there is just one review and normally a plan will come before the Planning Commission

twice.  John Lowe asked John Enos to develop a procedure for the two step process.  Phil

Westmoreland stated that he would bring the Planning Commission a few examples of the two

step process. Jean Root expressed concerns regarding granting contingent approval that the

contingencies are not met. Phil Westmoreland stated that this issue could be addressed on the

construction plans and by field inspections.  Phil Westmoreland suggested that upon inspection

if a site is not complying with the contingencies that a stop work order be placed on the site.  

Consequences for non-compliance were discussed.  Dave Hamann suggested giving John Enos

 Planning Commission Rules and Procedures to review for discrepancies between the two

documents.

Proposed Text Amendment 6.07 Accessory Structures

John Lowe presented proposed text amendment 6.07 Accessory Structures. 

Jean Root moved to send proposed text amendment 6.07 Accessory Structures as submitted

from letter from Mike Kehoe, Township Attorney, dated August 30, 2004 , to the Livingston

County Planning Department for review and comment.  Then to be forwarded to the Board of

Trustees for review and approval.  Jim Anderson supported the motion.  Motion Carried 5-0.

Proposed Text Amendment 8.01D.1 a & b

John Lowe reference Mike Kehoe letter dated 11-15-04 for the four places to place proposed

text. The Planning Commission reviewed and discussed the placement of the proposed text

amendment. Residential Districts Site Development Requirements for Rural Residential and

Suburban Residential. Sections 8.01.F and 8.02.F include text as item #6 and renumber

accordingly. Condominium Projects.  Section 6.18 include access text in subsection F and

greenbelt text subsection G.

Private Roads Serving Single-Family, Multiple-Family and Commercial Developments.

Section 6.20 John Enos suggested including access text in subsection E.  

Jean Root moved to set a date for Public Hearings for January 25, 2005 for proposed text

amendments 8.01.F Residential Districts, 8.02.F Suburban Residential Districts, 6.18

Condominium Projects and 6.20 Private Roads Serving Single, Multiple Family and Commercial

Developments. New language being provided by John Enos and sent to the Township Attorney

for review and approval.   Dave Hamann supported the motion.  Motion Carried 5-0.

Proposed Text Amendment 6.24 Landscape Bufferring

John Lowe presented proposed text amendment 6.24 Landscape Buffering. John Lowe

referenced a letter from Mike Kehoe, dated November 15, 2004 , with suggested changes to the

language. The Planning Commission reviewed and discussed the suggested changes. 

Jean Root moved to set a Public Hearing for proposed text amendment 6.24 Landscape

Buffering including language provided by a letter dated November 15, 2004, from Mike Kehoe,

Township Attorney for January 25, 2005, at 7:15 p.m. to be noted that the previous motion

regarding Public Hearing will also be held at 7:15 p.m.  Jim Anderson supported the motion.

Motion Carried 5-0.

NEW BUSINESS

John Lowe stated that in the Suburban Residential (SR) District setbacks within the subdivisions

are 35 feet. Does anyone remember the discussion regarding surrounding parcels? John Enos

stated that there is a section in the ordinance, which states if it’s within 200’ of the house.  

John Lowe stated that Mike Kehoe said that it is not in effect.  John Lowe mentioned a specific

case on Foxfire Drive . Annette McNamara stated that there is one at 35’ and another one at 45’.

The language in the ordinance states that the front yard setback may be reduced if everyone

within 200’ is in the same distance. She stated that she asked Mike Kehoe if she could require

increasing the setback and he said that she could not.  John Lowe stated that the footage on

these ½ acre parcels within SR district when they were parcel splits was discussed. Within a

subdivision they were able to go down to 35’.  On an individual parcel split they were supposed

to match the adjacent properties or apply at minimum to the 70’ setback. John Lowe stated

that he asked Mr. Kehoe to come up with some language that would enable the Planning

Commission to enforce the 70’ on parcel splits or match the adjoining homes.The Planning

Commission discussed this issue at length.

CALL TO THE PUBLIC

John Lowe made a call to the public. Jean Root asked about joint planning with other

municipal entities in regards to manufactured home park zoning designation. The Planning

Commission discussed this issue.

Charles Musson of 333 Triangle Lake Road asked if the only way you can apply for a

subdivision within a SR is by rezoning. The Planning Commission replied “no” that this is not

the case. John Lowe closed the Call to the Public.

AJOURNMENT

Jean Root moved to adjourn the meeting at 10:35 p.m.   Dave Hamann supported the motion.  

Motion Carried 5–0.