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MARION TOWNSHIP

PLANNING COMMISSION

PUBLIC HEARING AND REGULAR MEETING

AGENDA and DRAFT MINUTES

PUBLIC HEARINGS

June 27, 2006

7:15 p.m.

 

CALL TO ORDER:

APPROVAL OF AGENDA FOR:     June 27, 2006 Public Hearings

INTRODUCTION OF MEMBERS:

CALL TO THE PUBLIC:                Agenda Items only – 3 minute limit

APPROVAL OF MINUTES FROM:  None

OLD BUSINESS:

1.     Musson Hills South – Variance to Subdivision Ordinance #5 - Article V: Subdivision Improvements – Required public improvements – item J Street light requirements

2.     Article IV – Section 4.06  - Performance Guarantees for Compliance

3.     Article XIII – Planned Unit Development Overlay District – amendments to comply with PA 110

4.     Article VI – General Provisions – amendments to comply with PA 110

NEW BUSINESS:

CALL TO THE PUBLIC:

ADJOURNMENT:

PUBLIC HEARING - DRAFT MINUTES

JUNE 27, 2006

7:15 P.M.

 

MEMBERS PRESENT:    JOHN LOWE, CHAIRPERSON

DAVE HAMANN, CO-CHAIRPERSON

JEAN ROOT, SECRETARY

                                      JIM ANDERSON

DEBRA WIEDMAN-CLAWSON

 

MEMBERS ABSENT:       NONE

                                               

OTHERS PRESENT:        ROBERT W. HANVEY, SUPERVISOR

                                       ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                       PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT

                                       JOHN ENOS, CARLISLE/WORTMAN

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

CALL TO ORDER

Jack Lowe called the meeting to order at 7:15 p.m.

APPROVAL OF AGENDA

Dave Hamann motioned to approve the agenda.  Debra Wiedman-Clawson seconded.  Motion carried 4-0. 

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  Jean Root was absent 

CALL TO THE PUBLIC

None heard.

APPROVAL OF MINUTES

No minutes to approve.

OLD BUSINESS

Musson Hills South - Variance to Subdivision Ordinance #5 - Article V: Subdivision Improvements - Required public improvements - item J Street Light Requirements

Debra Wiedman-Clawson abstained from the agenda item.

Jim Barnwell, Desine Inc. presented the variance request to the Planning Commission.

John Enos informed the Planning Commission members he felt the request was valid.  Street lighting would conflict with the Marion Township Comprehensive Plan advocating the preservation of rural character.  Therefore Carlisle/Wortman is recommending approval.

John Lowe opened the call to the public.

Leonid Chalawa 598 W. Davis Road .  He is supportive of the variance for no lighting.

Jim Anderson asked if there would be an entrance sign and would that have lighting.

Jim Barnwell answered yes.

John Lowe closed the call to the public.

Jean Root arrived at 7:26 p.m.

The Planning Commission typically will table a variance request until the following meeting.  John Lowe asked John Enos if due to the tight time lines associated with a platted subdivision approval process can the Planning Commission make a motion tonight?  John Enos answered yes.

Dave Hamann motioned to approve the variance request to eliminate street lighting in the Musson Hills South platted subdivision noting the reasons stated by John Enos.  Jim Anderson seconded.  Debra Wiedman-Clawson abstained.  Motion Carried 3-0.

Article IV - Section 4.06 - Performance Guarantees for Compliance

John Lowe asked John Enos if there were any changes to the text.

John Enos answered no changes since the last meeting.  John Enos summarized the text for the Planning Commission members and the public.

John Lowe asked the Planning Commission members if they had any input.

None heard.

John Lowe opened the call to the public.

None heard.

John Lowe closed the call to the public.

Dave Hamann motioned to table Section 4.06 to the July 25, 2006 regular meeting.  Jean Root seconded.  Motion carried 5-0.

Article XIII - Planned Unit Development Overlay District - amendments to comply with PA 110

John Lowe asked John Enos if there were any changes to the text.

John Enos answered there is a minor change to the text on page nine regarding notification requirements.

John Lowe asked the Planning Commission members if they had any input.

Jean Root asked if the revision date in the footer could be changed to June 27, 2006.  Annette McNamara said she would do that.

John Lowe opened the call to the public.

None heard.

John Lowe closed the call to the public.

Dave Hamann motioned to table Article XIII to the July 25, 2006 regular meeting for further discussion.  Jim Anderson seconded.  Motion carried 5-0.

NEW BUSINESS

No new business.

CALL TO THE PUBLIC

None heard.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 7:28 p.m.  Debra Wiedman-Clawson seconded.  Motion carried 5-0.

 

MARION TOWNSHIP

PLANNING COMMISSION

AGENDA

REGULAR MEETING

June 27, 2006

7:30 p.m.

CALL TO ORDER:

APPROVAL OF AGENDA FOR:           June 27, 2006 Regular Meeting

INTRODUCTION OF MEMBERS:

CALL TO THE PUBLIC:                      Agenda Items only – 3 minute limit

APPROVAL OF MINUTES FROM:       

                                                           May 23, 2006 Regular Meeting

                                                          June 6, 2006 Special Meeting

                                                          June 6, 2006 Public Hearing

OLD BUSINESS:  

  1. Article XX – Section 20.03
  2. Proposed amendments to comply with Michigan Zoning Enabling Act Public Act 110 of 2006 to include;
    • Article I:       Preamble
    • Article V:      Zoning Board of Appeals
    • Article XVI:   Special Use Permit
    • Article XXI:   Interpretation, Severability, Vested Right, Repeal, & Effective Date
  3. Community Waste Water Utility Systems – Proposed Text Amendments
    • add a Section 17.31 to Article XVII
    • add item # 19 to Section 8.01 E Uses Permitted by Special Use Permit
    • add item # 13 to Section 8.02 E Uses Permitted by Special Use Permit
    • delete Section 6.30 Private Sewage/Waste Water Treatment Facilities Overlay Zone
    • delete Section 3.02 definition for Private Sewage/Waste Water Treatment Facilities

o     discussion on deleting from Section 6.27 Wellhead Protection and Hazardous Substance Overlay Zone - Zone “A” prohibited Uses item #17

NEW BUSINESS:

Article VI – Section 6.07 #1 – Accessory Uses and Structures - Lot size requirements

CALL TO THE PUBLIC:

ADJOURNMENT:

PLANNING COMMISSION

REGULAR MEETING- DRAFT MINUTES

JUNE 27, 2006

7:30 P.M.

 

MEMBERS PRESENT:   JOHN LOWE, CHAIRPERSON

DAVE HAMANN, CO-CHAIRPERSON

JEAN ROOT, SECRETARY

                                     JIM ANDERSON

                                      DEBRA WIEDMAN-CLAWSON

 

MEMBERS ABSENT:       NONE               

 

OTHERS PRESENT:       ROBERT W. HANVEY, SUPERVISOR

                                      ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                      PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT

                                      DAVID SCHROEDER, ORCHARD, HILTZ & MCCLIMENT

                                      JOHN ENOS, CARLISLE/WORTMAN

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

CALL TO ORDER

Jack Lowe called the meeting to order at 7:30 p.m.

APPROVAL OF AGENDA

Jean Root requested the agenda be amended to include Section 3.02 Definition for Private Sewage/Waste Water Treatment Facilities be added to agenda item #4; add Planning Commission budget discussion as item #5 under Old Business and City of Howell joint meeting agenda items as item #2 under New Business.  Dave Hamann motioned to approve the June 27, 2006 regular meeting agenda as amended.  Jean Root seconded.  Motion carried 5-0. 

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves. 

CALL TO THE PUBLIC

None heard.

APPROVAL OF MINUTES

Jean Root motioned to table the May 23, 2006 minutes to the July 25, 2006 meeting for corrections to be made.  Jim Anderson seconded.  Motion carried 5-0. 

Dave Hamann motioned to approve the June 6, 2006 Special meeting minutes.  Jean Root seconded.  Motion carried 5-0. 

Dave Hamann motioned to approve the June 6, 2006 Public Hearing minutes.  Jean Root seconded.  Motion carried 5-0.

OLD BUSINESS

Article XX - Proposed amendments to comply with PA 110

John Enos summarized the changes and noted the Board of Trustees will review amendments after the public hearing.  He spoke with Mike Kehoe and both agree you cannot prohibit a resident from initiating a text amendment.  An applicant would still go through the process for applying and the payment of a fee.

Dave Hamann asked if the fee would be the same fee as for a rezoning.

John Enos stated it would be up to the Board of Trustees to establish a fee.

Dave Hamann noted that in previous situations a resident would make a request at the call to the public at a Planning Commission meeting.  There was no money involved and if the request was denied no money lost.  Will Marion Township reimburse the fee if the request is denied?

Discussion ensued regarding a resident being charged for this. The Planning Commission members do not think a tax payer should have to pay for this. 

Dave Hamann motioned to hold a public hearing at 7:15 p.m. on July 25, 2006.  Jim Anderson seconded.  Motion Carried 5-0.

Dave Hamann questioned if Mark Janeck, representative for Premier Farms has been contacted by Marion Township and told which Planned Unit Development zoning ordinance to follow.  Mr. Hanvey answered yes; he has been contacted and told the current zoning ordinance will be followed.

Article VI - Proposed amendments to comply with PA 110

John Enos noted these are minor changes to the text as a result of Public Act 110 and suggested a public hearing be held.

Dave Hamann motioned to hold a public hearing at 7:15 p.m. on July 25, 2006.  Jim Anderson seconded.  Motion Carried 5-0.

Proposed amendments to comply with Michigan Zoning Enabling Act Public Act 110 to include; Article I, Article V, Article XVI, & Article XXI

John Enos summarized the text.

Debra Wiedman-Clawson would like to see the surety bond text stricken from page six of six in Article V.

John Lowe noted Marion Township requires a bond for temporary dwellings.  These are hardship cases and a performance/surety bond is the least expensive.

John Enos said the text that reads similar instrument acceptable to the Clerk should cover that situation.

The Planning Commission members agreed to send all the Public Act 110 amendments to the Livingston County Department of Planning (LCDP) at one time.

Dave Hamann motioned to table this agenda items pending completion of the Public Act 110 text amendment changes.  Jim Anderson seconded.  Motion Carried 5-0.

Community Waste Water Utility Systems - Proposed Text Amendments - Add a Section 17.31 to Article XVII - Add item # 19 to Section 8.01 E Uses Permitted by Special Use Permit - Add item # 13 to Section 8.02 E Uses Permitted by Special Use Permit - Delete Section 6.30 Private Sewage/Waste Water Treatment Facilities Overlay Zone - Delete definition of Private Sewage Waste Water Treatment Facilitates and replace with a new Community Waste Water Utility Systems - Discussion on deleting from Section from Section 6.27 Wellhead Protection and Hazardous Substance Overlay Zone - Zone “A” prohibited Uses item # 17

John Enos told the Planning Commission he will be meeting with the Livingston County Department of Public Health and the Livingston County Drain Commissioners offices to work on the proposed text.  The Planning Commission can more forward prior to this meeting with the county agencies.  These agencies reviewed the new text along with the Marion Township attorney and other municipalities.  Everyone agrees the text looks good and John Enos suggests a public hearing and then Board of Trustees review would be appropriate at this time.

The Planning Commission members would like to send the LCDP a copy of the General Ordinance as reference when reviewing the proposed zoning ordinance amendments for Community Waste Water Utility Systems.

John Lowe asked for clarification on item number nine on the Orchard, Hiltz and McCliment handout from their April 4, 2006 workshop.

Phil Westmoreland clarified the developer still has to comply with the zoning requirements even if Michigan Department of Environmental Quality has approved a permit for a facility.

Dave Hamann motioned to hold a public hearing at 7:15 p.m. on July 25, 2006.  Jean Root seconded.  Motion Carried 5-0.

Planning Commission Budget Discussion

Debra Wiedman-Clawson is waiting for more information on this agenda item.

Dave Hamann motioned to table this agenda item until July 25, 2006.  Jean Root seconded.  Motion Carried 5-0.

NEW BUSINESS

Article VI - Section 6.07 #1 - Accessory Uses and Structures - Lot Size requirements

John Lowe summarized the reason for the text amendments.

Dave Hamann motioned to hold a public hearing for Section 6.07 #1 at 7:15 p.m. on July 25, 2006.  Jean Root seconded.  Motion Carried 5-0.

City of Howell Joint Meeting

John Enos let everyone know a joint meeting between the City of Howell and Marion Township will be held at the Howell Chamber of Commerce, 123 Michigan Avenue on July 12, 2006 @ 7:30 p.m.  He asked the Planning Commission members if they had any suggestions for agenda items.

The Planning Commission would like to discuss the following.

1)       City of Howell Manufactured Home Community

2)       Potential development in Marion Township and City of Howell

3)       Traffic at the I-96 interchange and the impact of proposed developments

4)       Pedestrian traffic along D-19

Jean Root informed the Planning Commission that she will not be attending the July 12, 2006 meeting.

No motion made.

CALL TO THE PUBLIC

None heard.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 9:00 p.m.  Jean Root seconded.  Motion carried 5-0.