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                                  MARION TOWNSHIP       

             Planning Commission - November 25, 2003

                    Public Hearing - Proposed Minutes

 

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

Jean Root noted for the record that the first Call to the Public is for agenda items only.

Jean Root made a motion to approve the Public Hearing agenda for November 25, 2003 as amended.

Dave Hamann seconded.  Motion carried 5-0.

APPROVAL OF MINUTES

None.

OLD BUSINESS                                                                                                                

Proposed Rezoning RZN #4-03 From Suburban Residential to Urban Residential

Brian Watkins and Kirt Anderson appeared on behalf of Crescendo Homes to rezone 20 acre parcel known 

as the Billie and Catherine Fulkerson property (850 Peavy Road), located at southwest corner of Mason Road

and Peavy Road from Suburban Residential (SR) to Urban Residential (UR). The northeast corner of property is zoned 

general industrial; to the east is zoned UR. This 20 acre parcel is a transition piece for single family dwellings.

The Township Master Plan at the present calls for Mixed Urban for this area.  A water line is along Mason and

Peavy Road and sanitary sewer is between Mason Road and Fox Fire Drive.

John Lowe pointed out a lead has been extended along Mason Road and frontage of proposed Crescendo 

Homes property.

CALL TO THE PUBLIC

Carrie Hastings, 2283 Norton Road, commented that her preference for the development of this property would 

be residential homes.

ADJOURNMENT

Dave Hamann made a motion to adjourn the Public Hearing at 7:20 p.m. Jim Anderson seconded. 

Motion carried 5-0.

 

        Planning Commission Regular Meeting 

                        Draft Minutes

 

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 7:32 p.m.

APPROVAL OF AGENDA

Jean Root noted for the record that the first Call to Public is for agenda items only and comments should be

limited to three minutes per person. Jean Root made a motion to approve the agenda as amended. 

Debra Wiedman-Clawson seconded.  Motion carried 5-0.

APPROVAL OF MINUTES

October 28, 2003 Public Hearing-Rezoning Application #RZN 3-03

Dave Hamann made a motion to approve the October 28, 2003 Public Hearing minutes. Jim Anderson 

seconded.  Motion carried 5-0.

October 28, 2003 Planning Commission Regular Meeting

Following the discussion regarding the minutes, it was decided that more detail needs to be added to two

items:

-          page two, last paragraph, “…layout of property being U-shaped”, discussion on isolated zoning on                     

       property adjacent to it needs to be added.

-          Page five, sixth paragraph, add detail to Debra Wiedman-Clawson’s concern with 100 foot isolation 

     distance extending underneath the asphalt driveway (asphalt crossing within 100 foot isolation distance)

John Lowe, Chairperson requested these minutes and tape from the meeting be reviewed for accuracy.

Dave Hamann made a motion to table the October 28, 2003 Planning Commission Regular meeting minutes. 

Jim Anderson seconded. Motion carried 5-0.

OLD BUSINESS

Rezoning Application #RZN 4-03 from Suburban Residential to Urban Residential 

John Lowe asked John Ambrose to review his letter of October 19, 2003. John Ambrose pointed out that rezoning

petitions are based on analysis of existing land use patterns, existing zoning patterns, and the Township’s 

current adopted Master Plan.

Based on John Ambrose’s findings, approval of this petition is recommended due to the following:

    1.      The proposed rezoning will provide a transitional land use between the single-family developments 

located south and west of the subject site and the I-96 transportation corridor.  The UR, Urban Residential 

District is a high density residential category that is capable of having 10 units per acre for multiple-family

developments, which are permitted in the UR District by Special Use Permit, which is also consistent with the

applicant’s plans for the subject site.

2.      The proposed rezoning would be in harmony with the existing zoning pattern that would lay east, south

         and west of the subject site along the I-96 corridor that is located northeast of the site.

3.      The proposed rezoning request is in keeping with the Township’s Master Plan and the planned land 

         use policies that have been adopted by the Township for the subject site.

4.      The proposed rezoning and potential resultant land use would provide an excellent land use buffer from

        the I-96 corridor to the northeast and from single-family residential developments located to the south 

        and west of subject site.

John Lowe questioned the area on the site plan that juts out further than the rest of the property and asked if 

that belongs to the interchange?

Brian Watkins explained this is the road right of way that would allow for ingress and egress easement from 

their site onto any location along Peavy Road.

John Lowe requested that Crescendo Homes obtain clarification from the Highway Department. The concern

is the only accessibility point of entering and exiting the property. John Lowe also pointed out that driveway 

permit is much different than a road permit. Crescendo Homes will further investigate this particular subject.

The width of at least 66 feet onto Peavy Road was discussed. Brian Watkins stated it’s approximately 200 feet.

John Lowe voiced a concern regarding how additional traffic will be handled at the intersection of Mason Road 

and Peavy Road and how access will be configured. Once this information is gathered, Crescendo Homes will 

contact Annette McNamara to be placed on the agenda three weeks prior.

Jean Root pointed out since the proposal was submitted on October 7, 2003, the original numbers from 

June 20, 2001 are out of date.  There have been a number of other projects that have come to fruition that may

have an impact on this project since the June date. John Lowe also pointed out that there is a road proposed 

to come through between Peavy Road and I-96 interchange, across from Peavy Estates, which comes out by 

Best Western. An aerial map is available. The Planning Commission received a letter from the Township attorney 

questioning this area being surrounded by Suburban Residential switching to Urban Residential, which would 

make it an isolated parcel.  Jean Root made a motion to table Rezoning Request RZN 4-03, Tax ID #4710-02-100-014, 

until Crescendo Homes requests to be added to a subsequent agenda when these three items have been met 

and submitted:

1.      Clarification on road right of right and/or easements onto Peavy Road in respect to tract of land between the 

     subject site and Peavy Road;

2.      An updated traffic impact study for Mason Road and Peavy Road, and;

3.      Information regarding traffic study calculations comparing current SR versus the UR density.

Jim Anderson seconded. Pursuant to discussion regarding tabling versus postponing, Jean Root made a 

motion to amend the motion to postpone the above Rezoning Request.  Jim Anderson seconded. 

Motion carried 5-0.

NEW BUSINESS

SPR #6-03 Crystal Wood – Amendment to Final Site Plan

Salam Kalabat appeared on behalf of Crystal Wood Development proposing to install a wooden privacy fence

on the property line behind the berm. Jean Root asked who would maintain the fence. Mr. Kalabat stated the

Association would.  Jim Anderson asked if there would be a stipulation in the Association Bylaws regarding a

specified time line for repairs. John Lowe proposed adding smaller trees around six foot in between the large

trees for screening instead of the wooden fence.

CALL TO THE PUBLIC

Carrie Hastings, 2283 Norton Road, stated if a fence was installed on the property line it would impact them 

being able to open a door to enter their shed. Her second concern is that if a fence was allowed, could it be 

a white vinyl fence. Mrs. Hastings has information regarding a white vinyl fence, costs, etc.

Another concern is the maintenance of the berm.  The Association has not been mowing the berm and dead

trees have not been replaced. The fence would not add privacy due to placement on the berm.

Jeff Hastings, 2283 Norton Road, expressed concern regarding womanized fencing. Womanized materials 

are not as durable.

Annette McNamara asked about the placement of smaller trees and them being overshadowed by the larger 

trees and killing them. Mr. Kalabat stated he will look into planting trees. 

John Lowe commented that this could be handled administratively with a dollar figure on the number of trees 

and then come back to the Planning Commission.

Jean Root made a motion to postpone Tax ID #10-03-200-02, otherwise known as Crystal Wood Communities

Site Condo, until they request to be put on a future agenda regarding tree placement versus any additional 

fencing.  Jim Anderson seconded. Motion carried 5-0.

Rezoning Application #RZN 5-03 – Set Public Hearing for January 27, 2004

Jean Root made a motion to set the Public Hearing for Rezoning Application 5-03 for January 27, 2004 

at 7:15 p.m. Dave Hamann seconded. Debra Wiedman-Clawson abstained.

Motion carried 4-0.

Rezoning Application #RZN 6-03 – Set Public Hearing for January 27, 2004

Brent LaVanway appeared on behalf of Boss Engineering for setting the Public Hearing for Rezoning Application

 #RZN 6-03. Jean Root made a motion to set the Public Hearing for Rezoning Application 6-03 for 

January 27, 2004 at 7:15 p.m.  Jim Anderson seconded.  Motion carried 5-0.

Proposed Zoning Ordinance Text Amendments – Set Public Hearing

Jean Root made a motion to set the Public Hearing for the Proposed Zoning Ordinance Text Amendment for 

Section 8.03.D and Section 18.03.I for January 27, 2004 at 7:15 p.m.

John Ambrose asked about a third amendment, Item #4 to Lot Line Definition.  Annette McNamara asked for 

clarification regarding Section 3.02. She stated it was added to go to the Board of Trustees.  John Ambrose 

stated that Item 4 was regarding Open Space Preservation and it should not have gone to the Board. She will 

add it next time. Annette McNamara asked for direction since it already went to the Board as a direction from 

previous meeting minutes, John Ambrose suggested rescinding the minutes.

Jean Root amended motion to add Section 3.02, under Definition Item 4.  Jim Anderson seconded.

Motion carried 5-0.

CALL TO PUBLIC

Jean Root commented that rezoning items for a Public Hearing should not be placed on the Regular Meeting 

agenda on the same night. She feels that a determination should not be made on the same night without having 

approved minutes. Debra Wiedman-Clawson questioned the difference between denial and tabling.

John Ambrose explained when an action is taken it then goes to the county and from there to the Township

Board. He also stated proposed zoning ordinance text amendments can be placed on a Regular meeting 

agenda the same night as a Public Hearing. Rezoning controversial topics should be placed on the agenda for 

another night. John Lowe asked John Ambrose about his November 11, 2003 letter for the proposed text 

amendments regarding an aerial map that shows ¼ mile beyond site to building cannot fit onto a map. 

After discussion, a 14 x 17 or 24 x 36 map can be obtained.

ADJOURNMENT

Jean Root made a motion to adjourn at approximately 8:45 p.m.  Debra Wiedman-Clawson seconded.  

Motion carried 5-0.

CALL TO ORDER:

CALL TO THE PUBLIC:

APPROVAL OF AGENDA FOR:      November 25, 2003      

APPROVAL OF MINUTES FROM:

      October 28, 2003 Public Hearing – Rezoning Application #RZN 3-03 - 

                                                       Francis Road

      October 28, 2003 Regular Meeting

                                                   

OLD BUSINESS:  

Rezoning Application #RZN 4-03 from Suburban Residential to Urban Residential                                                                  

                                  Family Golf - Peavy Road

NEW BUSINESS:  

              SPR# 6-03 Crystal Wood – Amendment to Final Site Plan

                  Rezoning Application #RZN 5-03 – Set Public Hearing for January 27, 2004 

                                             Harris - Coddington Property

                 Rezoning Application #RZN 6-03 – Set Public Hearing for January 27, 2004

                                           Marion Oaks Golf Course  

CALL TO THE PUBLIC:

ADJOURNMENT: