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                                 MARION TOWNSHIP

                      AGENDA and DRAFT MINUTES

                December 20, 2004  @ 7:30 pm





CALL TO THE PUBLIC:        Agenda Items Only 3 minute limit

APPROVAL OF AGENDA:     December 20, 2004  

APPROVAL OF MINUTES FOR:   November 23, 2004 Regular Meeting

OLD BUSINESS:                        


Creative Discovery Pre-School , LLC Special Use Permit  

                                                     set Public Hearing for January 25, 2005                                  

Copperfield Villas Site Plan Review





                                    JIM ANDERSON

                                    DAVE HAMANN

                                    DEBRA WIEDMAN-CLAWSON

ABSENT:                      JEAN ROOT, SECRETARY       


                                    KRISTEN LUNDEEN, TOWNSHIP ENGINEER

                                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                    JOHN ENOS, TOWNSHIP PLANNING CONSULTANT



The meeting was called to order at 7:30


Mr. Lowe presented the agenda.  Mr. Hamann wanted to add an item to the agenda regarding the

proposed site plan for the Northern Materials project.  Mr. Lowe wanted to add a discussion

regarding the Woodlot Ordinance. Mr. Hamann moved to approve the agenda as amended.  

Ms. Wiedman-Clawson supported the motion.  Motion Carried 4 - 0.


Mr. Lowe introduced the Planning Commission to the audience.


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


Mr. Lowe presented the Minutes of the November 23, 2004 regular meeting. Ms. Wiedman-Clawson

suggested adding Family Independence agency when referring to the State Agency in regards to the

Crossroads Apostolic Church . Mr. Hamann moved to approve the minutes as amended.

Ms. Wiedman-Clawson supported the motion. Motion Carried 4 - 0.




Mr. Hamann moved to set a Public Hearing on Creative Discovery Pre-School Special Use Permit for

January 25, 2005 ; at 7:15 p.m. Ms. Wiedman-Clawson supported the motion.

Motion Carried 4 - 0.

Copperfield Villas Site Plan Review

Mr. Fond presented the site plan for the proposed project known as Copper Villas. He explained that

the site is located on Francis Road . The site is approximately 26 acres. The area is fairly wooded

and hilly. The property is zoned SR. They will be going with sewer and water. This plan is for

31 lots. 30 of the lots will be accessible through the interior roads with 1 being accessed from

Francis Road . All of the lots are a minimum of 20,000 square feet. This plan was designed with

great care to have minimum impact on the existing terrain and minimal tree removal. Mr. Fond

stated that there were 3 variances that were applied for and granted through the ZBA, the

requirement of a landscape buffer along I-96, the addition of 6 lots above the maximum number

of lots being 25 and the addition of 1 lot on the cul-de-sac above the maximum number of 4.

The ZBA wanted a couple of items addressed. These concerns have been addressed and added to

the plans, replacing the deciduas plants along I-96 with evergreens and adding a boulevard at the

entrance to mirror the site across the road. A locked gate has been added to the west entrance and

will be used for emergency access only. Mr. Enos stated that the plan was well done in regards to

addressing his concerns. He stated that he looked over the plan based on his original concerns and

the requests from the ZBA. This plan meets all of the original concerns. He stated that this is a

preliminary plan and they will need to turn in a master deed and by-laws for the attorney to review.

 As a private road, it will need to go to the Board unless the Township Board has waived that

requirement. There still may be some issues from the Township Engineer and outside agencies.

Overall he recommends approval of the preliminary plan.

Mr. Lowe asked Ms. Lundeen to go over the letter from OHM. She stated that the initial concerns

have been addressed through the ZBA on the 3 items. There are a few minor issues regarding the

locked gate with curb and gutter in the cul-de-sac, the road to the west meeting construction

requirements and the Detroit Edison easement, Boss Eng. indicated that they were going to attempt

to negotiate with Edison regarding moving the easement. These items will be addressed in the

construction plans. Mr. Enos stated that site plans would be submitted to the township for individual

lots showing how the trees will be protected.

Mr. Lowe presented a letter from the Howell Area Fire Department. The Fire Marshall indicated that

the proposed plan is satisfactory with 2 conditions being met. That there be no parking be allowed

on the hydrant side of the streets and the hydrant in front of lot 8 be adjusted so not to exceed the

minimum distance between hydrants which is 400 feet. Ms. Lundeen stated that this issue could be

addressed in the construction plans.

Mr. Lowe presented a letter from Ken Recker of the Livingston County Drain Commissioner.  

Mr. Recker indicated that the property is partially within the Marion No. 5 County Drain Drainage

District. Since the entire site appears to drain into the Marion No. 5 County Drain, the remainder of

the property will need to be added to the district which can be done through and agreement

between the Drain Commissioners office and the developer. This needs to be done prior to

construction. The Planning Commission had significant concern regarding the emergency access on

the west end of the site being used for non emergency purposes. Mr. Fond indicated that a 15-foot

wide base would be put down for emergency vehicles. Also barriers will be put on either side the

gate to prevent going around the gate. Ms. Wiedman-Clawson asked why lot 31 was not accessible

from the site. Mr. Fond stated that there were no more splits available.

Mr. Anderson asked how useful the property to the south where the detention pond is for a park.

Mr. Fond replied that the area would be left natural.

Mr. Fond stated that when possible, no trees would be removed outside the building envelope.

Mr. Hamann moved to approve the preliminary site plan for Copper Villas, dated December 13, 2004,

tax code 10-01-300-030-031 & 032 in reference to the following: a letter John Enos dated,

December 15, 2004, a letter from OHM, dated November 8, 2004, a letter from Howell Area Fire

Department dated, October 8, 2004, approval from Road Commission on sight distance,

correspondence from the Drain Commissioners office dated, September 16, 2004, Lot 31 sight

distance and a stub gravel section from the cul-de-sac to Schroeder Drive. Ms. Wiedman-Clawson

supported the motion. Motion Carried 4 - 0.

Mr. Hamann stated that a site plan was presented to the Board in November for Northern Materials,

which is currently a mining operation. When the mining operation is complete the owner proposes to

develop the property with 17 parcels. This is a preview of the proposed plan that at some point will

come before the Planning Commission for review. Desine Engineering designed this plan.

Ms. Wiedman-Clawson stated that she will abstain from this topic. The Planning Commission looked

over and discussed the plan. The Planning Commission found no major issues with this plan.

Mr. Lowe stated that he attended a meeting in Brighton Township regarding their proposed Woodlot

Ordinance. He stated that Brighton Township is using a restrictive approach. Brighton Township has

their own Building Department and will use in house personnel to enforce their ordinance. Mr. Lowe

believes that Marion Township should use a more positive approach and give developers incentive to

spare trees. Maybe the ordinance could state that anything outside the building envelope or utility

and road easements should be left untouched. Anything touched outside the building envelope or

utility and road easements would have to be replaced. The Planning Commission discussed this idea.

Mr. Enos stated that he will consult with OHM and write something up for the Planning Commission

to review.


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


Dave Hamann motioned to adjourn the meeting.  Jim Anderson seconded.  Motion Carried 4-0.

The meeting was adjourned at 8:45 p.m.