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Draft Minutes MARION TOWNSHIP Planning Commission - Public Hearing December 15, 2003
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 Kathleen Kline-Hudson,
Livingston County Planning
Department
Annette McNamara, Zoning Administrator
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CALL TO ORDER
John
Lowe called the meeting to order at 7:15 p.m. APPROVAL OF
AGENDA
Dave Hamann made a motion to approve the Public Hearing agenda for December 15, 2003. Jim Anderson seconded.
Motion carried 5-0. APPROVAL OF MINUTES None. CALL TO THE
PUBLIC None. OLD
BUSINESS Rezoning Application RZN #7-03 Richard Hartigan appeared on behalf of Schonsheck, Inc., for the request of rezoning proposed property from Light Industrial (LI) to Urban Residential (UR). The property is located north of the CSX Railroad and west of Lucy Road. This will be a joint venture between Darakjian Properties and Varsity Drive Company. Use of this land is light industrial due to
wetlands and heavy terrain that is not conducive to LI. John Lowe asked if their map includes mitigation areas; yes, it does. Mr. Hartigan pointed out the south is buffered by the wetland area. John Lowe also questioned one access point out to Lucy Road. Mr. Hartigan stated they are proposing to
work on National Street north and one east and west.
John Ambrose reviewed his letter of December 4 and stated applicant described property quite well that the land north of the site
is zoned LI. a number of
commercial and industrial uses. This
proposed use for residential is consistent with Master Plan. John
Ambrose’s reasons for recommendation are as follows: 1. The proposed UR zoning will provide a buffer between residential uses to the west (City of Howell) and the existing land use patterns found in the northern portion of the subject site as there are existing industrial uses
that are
located adjacent to or in close proximity to this portion of the subject
site. 2. Also, the UR, Urban Residential District, as previously noted, is a high density residential category that is capable of having single-family detached units developed at a density of 2.9 units per acre and up to 10 units per acre for multiple-family developments, which are permitted in the UR District. This land use category is consistent with the
Township’s
current comprehensive plan or master plan. 3. The proposed rezoning is more suitable the northwest corner of the subject site due to the extreme topography found in this general area with the remaining area being suitable due to the location of significant wetland areas, which would require more flexibility in design for a future development, which would be more feasible with
residential
uses that it would be with industrial uses. John Lowe questioned a second gas well that comes off Fowler, off the subdivision into the eastern part that does not show.
Mr. Hartigan commented that this is a recent survey. CALL TO THE PUBLIC Sig Fleischmann, 1031 Tanager Trail, stated the map does not show his property. He pointed out there is a complex, Nelson Ridge, scheduled to go in which is not on the drawing. He also pointed out building apartments/condos
near a railroad track may not attract people to these and the property will
deteriorate. Fern Brockway, Regle Recycling, expressed concern with new people moving into the area and they will be unhappy with the nature of his business and want restrictions and change. Mr. Brockway suggested a buffer so they can’t build so close to property line. John Lowe stated rezoning LI to UR would not have an impact on adjoining property. John Ambrose clarified that a site plan has to have final approval by Planning Commission and a site plan has to reflect all the wetlands. John Lowe pointed out there’s a substantial wetland there. The majority of the units will be quite a distance
west of Lucy Road. Mrs. Brockway commented by virtue of the nature of the business conducted on the property why would anyone want to
live there anyways. Also, this could be considered an attractive nuisance to
children. David Michels, 405 S. National Street, asked about an industrial road at subject site, which is a truck route. John Lowe stated the rezoning project may have more impact on Michels due to no wetlands. Mr. Michels suggested coming off Fair Street instead of National Street. Mr. Hartigan stated they do not have a right of way in there. Mr. Michels suggested
berming property. business
and provide a means of protecting their rights for the future.
CALL
TO THE PUBLIC None. ADJOURNMENT Jean Root made a motion to close the Public Hearing for Rezoning Application RZN #7-03 at 7:55 p.m. Jim Anderson seconded. Motion carried 5-0.
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
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CALL TO ORDER
John
Lowe called the meeting to order at 7:55 p.m. APPROVAL OF
AGENDA
Dave Hamann made a motion to amend the December 15, 2003 agenda to set the RZN 7-03 under Old Business
for January 27, 2004 at 7:30 p.m. Jean Root seconded. Motion
carried 5-0. CALL
TO THE PUBLIC Jim Barnwell appeared on behalf of Sundance Meadows for issues that were retracted; Wolf Ridge site plan changes;
request a special meeting for Cascade Development. Wolf Ridge subdivision was approved subject to Michigan Department of Environmental Quality (MDEQ) approval on bridge due to site plan amendment. Mr. Barnwell distributed a handout. John Lowe requested a letter
from engineer stating he concurs. John Lowe asked about Master Deed and bridge maintenance. Mr. Barnwell stated it’s a private road and all is included in Master Deed and Bylaws. John Lowe would like clarification on bridge maintenance. John Lowe stated
there’s been discussion regarding discrepancies on property line and deer
fencing. Mr. Barnwell stated survey years ago followed the fence line. He also stated an affidavit was obtained from area
resident. stated it does and the property is the northeast corner of Blossom Farms. The property is about 30 x 20, about 600
square feet. on to plans and stated technical issues regarding retention pond were taken care of with Livingston County Road Commission (LCRC), Livingston County Drain Commission (LCDC), Livingston County Health Department
(LCHD). Next is final
preliminary plat where technical issues can be addressed. John Lowe pointed out two lots were drawn in for a park being donated at Triangle Lake. They were on one sheet
and not the other. Mr. Barnwell stated that was due to pending approval. John Lowe stated two big issues were the lots in the park and how the retention pond, depending on high water, would
affect the building envelopes on a couple lots. Mr. Barnwell appeared to request a special meeting for Cascade Development to primarily review history of this project and stated a workshop may be a good way to address a number of issues, such as, location of community facilities. John Ambrose stated it would have to be set up as a Public Hearing and advertised to public.
It was agreed to set up special meeting. Mr. Barnwell’s company will pay
for the special meeting. Jean Root made a motion to hold a special meeting on January 12, 2004 at 7:00 p.m. to meet with Barnwell &
Associates regarding Cascade Development.
Jim Anderson seconded. Debra
Wiedman-Clawson abstained.
Motion carried 4-0. NEW
BUSINESS Rezoning
Application RZN #8-03 – Set Public Hearing for January 27, 2004 Roger Myers appeared on behalf of applicant for Rezoning Application RZN 8-03, and requested to also be added to January 12, 2004 hearing for a special meeting. It was explained there’s not enough publication time to add this request to January 12th special meeting, which is no more than 30 days and no less than 20. Annette
McNamara explained she needs at least three day lead time to advertise in
paper. John Lowe stated due to the enormity of the Cascade project it should be scheduled alone for a special meeting. Mr. Myers asked for a point of clarification regarding rezoning from Suburban Residential (SR) to Urban Residential (UR). A mixed use of a PUD requires a rezoning. Rezoning from SR to UR requires a township rezoning act. Mr. Myers requested in a previous request to township members that these two rezoning applications be considered simultaneously. Mr. Myers requested that Public Hearing notice provide for the ultimate
proposal use of PUD. John
Lowe stated he feels they should be handled individually. John Ambrose suggested contacting township attorney. One problem with hearing both simultaneously is that you have no idea what the outcome will be. If the rezoning application comes in and is accepted and zoned
to UR, then you can accept a PUD. John Lowe agreed and pointed out that when you combine the two you risk it becoming confusing to an audience
and members of Planning Commission. attorney due to Boss Engineering making the same attempt with Marion Oaks. The planner and attorney both
said no. Hearing for Rezoning Application 8-03 meeting to be held on Tuesday, February 3, 2004 at 7:00 p.m. Debra
Wiedman-Clawson seconded. Motion
carried 5-0. APPROVAL
OF MINUTES November
25, 2003 – Public Hearing Rezoning Application #RZN 4-03 Jean Root
made a motion to approve as submitted.
Dave Hamann seconded. November 25,
2003 Planning Commission Regular Meeting Following discussion regarding the minutes, it was decided that more detail needs to be added to the October 28, 2003 minutes as follows: “Jack Lowe thought minutes should be reviewed again and review tape to confirm the October 28, 2003 minutes.” Jean Root made a motion to approve as amended. Debra
Wiedman-Clawson seconded. Motion
carried 5-0. November 6,
2003 Comprehensive Planning Meeting Jean Root stated on page 2 of 4, 6th paragraph, after second paragraph from bottom, statement needs to be added that conservation district will be taken out. It was suggested to read as follows: …”after further discussion
it was decided that the conservation district would be eliminated from that
section.” Dave Hamann
approved as amended. Jim
Anderson seconded. Motion carried
5-0. October 28,
2003 Regular Meeting Jean Root
suggested Schroeder Park Drive discussion be added to read as follows: -
discussion
regarding Schroeder Park Drive took place as single point of access. -
Letters from
property owners be referenced. - Item 3 regarding isolated property needs more detail – SR property surrounded by UR property.
It was pointed out that it was verbatim. Dave Hamann made a motion to accept minutes as amended. Debra Wiedman-Clawson seconded. Motion
carried 5-0. OTHER
BUSINESS Kathleen
Kline-Hudson appeared to review items for presentation.
ADJOURNMENT
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