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 DRAFT MINUTES

     

                                 MARION TOWNSHIP

                                  PUBLIC HEARING - 2-24-2004 

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

                                         Michael Kehoe, Township Attorney

                                          Annette McNamara, Zoning Administrator

                                               

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

CALL TO ORDER

John Lowe called the meeting to order at 7:20 p.m.

APPROVAL OF AGENDA

Dave Hamann made a motion to approve the Public Hearing agenda for February 24, 2004. Jim Anderson

seconded.  Motion carried 5-0.

APPROVAL OF MINUTES

None.

CALL TO THE PUBLIC

None.

OLD BUSINESS    

Proposed Zoning Ordinance Text Amendment: Article XIII – 

            Delete and replace heading for Planned Unit Development District

John Ambrose explained how the Planned Unit Development (PUD) section was rewritten and adopted several 

years ago that attempted to be an overlay zoning district.  It should read, “Planned Unit Development Overlay 

District. The addition of the word “overlay” clarifies that it is not a stand alone district.

CALL TO THE PUBLIC

None.

Jean Root made a motion to send Article XIII, the rewording from the Planned Unit Development District

to Planned Unit Development Overlay District to the February 24, 2004 Planning Commission Regular 

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

ADJOURNMENT

Dave Hamann made a motion to close the Public Hearing for Proposed Zoning Ordinance Text

 Amendment: Article XIII – Delete and replace heading for Planned Unit Development District 

at 7:25 p.m.  Debra Wiedman-Clawson seconded.  Motion carried 5-0.

                      REGULAR MEETING -  February 24, 2004 

                                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

                                          Michael Kehoe, Township Attorney

                                           Annette McNamara, Zoning Administrator                                         

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

CALL TO ORDER

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

APPROVAL OF AGENDA

The following amendments to the agenda were suggested:

      The February 3, 2004 Public Hearing minutes should read in the title, Special Meeting/Public Hearing.

RZN# 5-03 - Coddington Property should follow RZN# 4-03 – Family Golf on the agenda

Dave Hamann made a motion to approve the agenda as amended. Debra Wiedman-Clawson seconded.

Motion carried 5-0.

CALL TO THE PUBLIC

Mary Bahr, 3201 Grass Lake Court, read a letter regarding dealing with the “Giant”, Giant of a developer

and a Giant of public perception. “Do you want to be known as the over giant who stomps over the 

community saying, mine, mine, mine?  And the State says I can do it so I’m going to push it to the limit

even if that means jeopardizing the older giant corporate standing and its perception in the community.  

Or perhaps to the gentle giant pound setter, (1), who lovingly stands tall on the land, looks around only to 

see virtually all surrounding homes on one plus acre sites and freely decides that this is more in keeping

 with what is ethically the right thing to do that will ultimately grow your corporate good citizen standing and 

the perception in your community.  We respectfully ask that you take your surrounding neighbors’ concerns

 and opinions and cause questions very seriously before christening in some of these barge high density

developers.”   John Lowe closed the Call to the Public.

APPROVAL OF MINUTES

January 12, 2004 Special Meeting Minutes

Jean Root cited the following changes:

 1. Page 3 of 6 – Call to the Public – paragraph where Steve Cavaney commented “one element is a 

wellhead protection zone that overlays all the zoning and wellhead protection zone,” “and wellhead protection 

zone”    should be deleted.

  2.There was no response to the comment from Norma Flaherty. Tape will be checked.

 3. Page 5 of 6, third paragraph, “Emily” should be inserted to read “Emily Court”

 4. Page 5 of 6, seventh paragraph, idea situation should read “ideal situation

 5.  Page 5 of 6, eighth paragraph, will be clarified with Jim Barnwell

 6.   At the end of the discussion regarding Premier Farms, there was mention of a triangle piece of property 

that was omitted that could be donated to the township as a park or fire station or for public use. (This is the

 Cedar Lake Road property)

7. Under New Business, Rules and Procedures of 1996 should have been included in February meeting.

 This should be added to the March meeting

Dave Hamann made a motion to table the January 12, 2004 Special Meeting minutes for checking and 

revisions and bring back to the next meeting.  Jim Anderson seconded.

Motion carried 5-0.

January 27, 2004 Planning Commission Regular Meeting Minutes

Jean Root commented she did not review verbatim John Ambrose’s letter but it was verified that the letter is

 typed into the record verbatim.  Jean Root cited no changes.

Dave Hamann made a motion to approve as the January 27, 2004 Planning Commission Regular Meeting 

Minutes.  Jean Root seconded. Motion carried 5-0.

February 3, 2004 Special Meeting/Public Hearing Minutes

Dave Hamann stated the title of the minutes should read “Special Meeting/Public Hearing”.

Dave Hamann made a motion to approve the February 3, 2004 Special Meeting/Public Hearing minutes as

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

OLD BUSINESS

RZN# 6-03 – Marion Oaks Golf Course

John Lowe gave a quick overview stating the Public Hearing was at the last meeting on January 27, 2004 for the 

public input of this project and has been entered into the record and has been reviewed by the Planning Commission

with all submitted documents by both the planner and township attorney and various other township representatives.  

This evening is for the applicant to enter any new information and then will be discussed amongst the board members 

and make a decision.

Tom Kallas, appeared on behalf of the petitioner, with a supplement to the last meeting regarding the traffic report.  

Carlos Santia, traffic consultant for the Marion Oaks, LLC, developer, was also present to answer any questions 

regarding his proposal.

John Lowe requested a quick overview from Mr. Santia regarding his proposal.  Mr. Santia stated 630 residential 

dwelling units are being proposed, as well as approximately 50,000 square foot retail center. Access to the development 

will be off of D-19 (Pinckney Road) and also Wright Road (located east of D-19).

Existing traffic presently generated on D-19 currently is 14,034 vehicles per day on an average; A.M. peak hours is 

983 vehicles; p.m. peak hours is 1154 vehicles. Wright Road carries approximately 279 vehicles per day.

Based on the ITE Trip Generation Manual, which is a basic guide for estimating trips generated for new developments,

this development is anticipated to generate approximately 7,619 trips daily. Peak hours in p.m. would be around

692 vehicles. These figures are based on a projection of 7-10 years for the development of the property.

Based on the distribution on Wright Road about 2000 of those vehicles that will come out onto Wright Road, majority 

of vehicles will exit out onto D-19.  The remainder of the vehicles will exit out onto D-19 directly.

The capacity analysis on the existing roadways, Wright Road, capacity is road level of service capacity is A, which are 

free-flow conditions with minimal amount of traffic. D-19 is minimal level C, which is stable flow with some congestion 

during peak hours. At project buildout it would be approximately 2011 or 2013. Levels of service at buildout on

 Wright Road would be level of service A and then change to D, which is more high density flow but still stable.

Capacity 20 years from now with the development in place, Wright Road would still be at level service A.  D-19 would be 

level service F, which on a two-lane road is forced flow, stop and go, which indicates improvements, will be required on 

Pinckney Road. Without the development, at buildout, D-19 will still be operating at level of service D, which means that 

some improvements will be required regardless if the development was there or not. A proposed high school is anticipated 

for the future to be built on Wright Road. That high school would generate approximately additional 1600 to 2000 vehicles

per day, possibly more depending on size of high school. The Livingston County Road Commission (LCRC) was 

contacted for plans for additional improvements on the road network in the area. They do have some plans for 

improvements to widen Pinckney Road four to five lanes from I-96 to Norton. They also have plans for south of Francis

Road to I-96 to add a left-hand turn lane and also they have plans on D-19 from Coon Lake Road to I-96 they have a

plan in their long range plan for some intersection improvements.

John Lowe asked if anyone had any questions for the applicants and stated they would go through items one through 

eight regarding the rezoning and the effects they would have on the township.

Jim Anderson questioned the traffic counts in the data in the appendix. Some of the data goes back to 1995. Where do 

these counts come from?  Do they come from the county?  The counts come from the Road Commission. He also

inquired regarding when the most recent traffic counts were?  It was stated 2001, which were used for projections to

today’s count for every year. Jean Root questioned if the projected numbers they have are the numbers used for

proposing to develop the land and not as if it were developed under any of the terms under Urban Residential (UR)

designation?  The projected numbers are based on SEMCOG database and expected growth for the region. They 

anticipate anywhere between three to four percent, maybe five percent, for traffic growth rate with or without this 

development. To clarify, the numbers that were used for increased traffic for this particular project were numbers 

based upon what they intended to build it out and not at its maximum if they were to go ten units per acre? 

That is correct; 630 units and about 60,000 square feet as proposed.

Jean Root pointed out that Section 6.17 in the Township Ordinance book, deals with roadway networking, Item I, 

says no new land uses except for unplatted single-family homes for developing required site plan review under the 

ordinance shall be permitted which will reduce the level of service on an adjacent roadway below the level of service C.

As stated though, it’s currently at C but their development could bring it to D or F as it’s proposed if they were to get

 their approval.

In addressing that comment, Mr. Santia stated that even without their development, ten years from now the township’s

level of service will be C on D-19. John Lowe stated for clarification, it goes from a D to an F at the build out even 

without their project and Mr. Santia agreed. John Lowe asked if their numbers would move it up one?  In answer, the

 level of service would not be changed.  The existing number was approximately 1200 cars on D-19 as it was and their 

project would develop 692 per hour with a 50% increase from their project to the build out date? The project build out

 would have about 1650 cars and with their development they would have 2130, which is roughly 500 cars an hour. 

John Lowe stated he thought their figure was around six hundred and something.

John Lowe stated that John Ambrose’s letter would include the impacts that will be addressed by skipping it, basically 

making a the spot zoning out of this particular project by bypassing some SR that is existing within the D-19 corridor at 

this point along with numerous other issues the he addressed, with that in mind is there any discussion based on the

criteria that the Planning Commission is supposed to be looking at, Items 1-8:

1.      Is the rezoning justified or are there changing conditions in the area?  Is there any discussion on that?

Jean Root stated that she is in agreement with Mr. Ambrose’s letter; that there are a number of issues in 

addition to the spot zoning and this particular piece of property does not have public water and sewer and there 

is no plan thus far to extend it to that area. This is part of the issues within the township Master Plan that in 

order to provide those sort of services and it has to be part of the build out and at this time it is projected to 

include that area along D-19. Mr. Kallas stated that the development property is located within the sewage and 

water district and is capable of being serviced with those services and is a matter of extending the facilities that 

is just north of their site, which they intend to do. John Lowe pointed out that the Township Master Plan speaks 

of being currently served.  Mr. Kallas stated it is their intention to bring services to that area.  John Lowe also

 stated that this is based on the 1992 Master Plan that shows that to be one parcel per ten acres. With the 

designated increase in this, it is still a drastic change in what is allowed for in the current Master Plan. And, 

again, this would create an isolated district because it is not directly adjacent in reference to the Home Town 

project that was developed basically as a buffer to the Suburban Residential (SR) and would leap frog that 

Urban Residential (UR) district further beyond what the plan calls for to keep extending it out farther than what 

the UR density is.

2.      What is the capability providing public utilities, roads and services if the rezoning is approved? When the 

sewer district was set up, it went to the overall plan is set up for that area to be SR which is half acre lots as far 

as the sewer RE’s and so forth on the overall build out. Within the entire sewer district it lets the sewer RE’s

 essentially match the build out within the total project and is basically good planning as far as not getting the 

Township into a problem where there is no ability to serve future projects that are within the existing sewer 

district if the density is increased.  The roads are a major issue with that type of impact going from SR to UR 

and the number of vehicles that would be increased on D-19 and the traffic congestion that would be created

 by that.

3.      Will the rezoning be compatible with the neighboring properties and so forth?  This addresses that this is on the

 fringe of the SR district and is surrounded by large parcels at this point in time and essentially a leap frog situation.

4.      Is it economically feasible to develop property under the current zoning?  Mr. Ambrose’s letter addressed the 

issue of doing a PUD under the SR district and that has been done within the township consistently on several large

 projects and it seems to be economically feasible.

5.      Are there adequate sites elsewhere in the community for the proposed land use? There is UR build outs that are 

on the D-19 corridor that are adjacent to the expressway which are adequate at this point in time according to the 

Master Plan.

John Lowe asked if there were any other issues and there were none. John Lowe asked Mike Kehoe, Township

 Attorney, if each of these items should be addressed in the motion and, yes, they should be and with specificity for 

their decision.

Jean Root asked if John Ambrose’s letter should be part of the motion also? Mike Kehoe stated if John Ambrose’s

letter and/or his recommendation was going to be used as part of a motion, then a specific reference should be made 

to his letter, date and paragraph as well.

In further discussion, Dave Hamann stated he agreed with the issues in Item 4 when both districts for the sewer were 

set up they were based on the ’92 Comprehensive Plans for the capacity that the township has in that Howell sewer is

 limited to that capacity and the Township does not have an alternative beyond that, which poses a critical issue every 

time he looks at a rezoning number that is going to change the density.

Jim Anderson also stated that he agrees with Dave Hamann on the township’s water and sewer capability of the 

existing township system. Presently there are a number of high density developments going in to the north which were

 part of the Township’s Master Plan and this development is not. The capacity of the water and sewer system is one

of his main concerns.

Jim Anderson also stated that he agrees with the points with regards to the neighboring properties, if you look around 

that site to the east, west and south, those are larger plots of land with houses which lends itself to the uncertainty of 

a development of this size would fit in the township at this point in time.

Jean Root commented in regards to Item No. 5, that remaining properties that surrounds this area is mainly designated 

as SR or agricultural in use. Density of this nature is too great in comparing to what is around it.

John Lowe inquired in regards to Item 6, will rezoning adversely affect the value of these neighboring properties? 

Jean Root commented that ultimately this Item is relatively subjective. The quality of life could potentially change living 

near a development as this but does not believe the value of property would go down.

Item 7, is it economically feasible to develop property under the current zoning? Jean Root agrees that they can continue

to develop it under the MSR density using a PUD overlay and understand if the Township were to approve this 

development to UR, there are a number of other – the project cannot be looked at as a whole as it is being presented.

 That would be considered contrary zoning which is illegal in the state of Michigan. The township can only look at it as 

the density would be increased and then the other things under Item 8 that would be included under that use. The 

developer can present that to the Planning Commission but the Planning Commission is not able to change. Debra 

Wiedman-Clawson stated that can be changed according to what the economy is at that time. Jean Root pointed out 

that if the development was sold to another developer, and another developer had a different ideal of how they would

 like to see the project look, those things would be allowed in there. Another procedure and applying for another special

 use would be needed at that point.

Jean Root commented that there was an overwhelming response from the community at the Public Hearing on 

January 27, 2004, that they did not want to see this project go forward with the greater density. Everyone was 

opposed to the increased density that was being asked for.

Debra Wiedman-Clawson also commented that there were concerns regarding the new high school that is proposed to 

be built on Wright Road.

John Lowe also commented that the Master Plan specifies that the streets and infrastructure are supposed to be able to

handle the capacity before the project is allowed to take place to prevent gridlock. Jean Root asked if this was referring

 to Section 6.17 under roadway network, Item A, number 1 and 2? Yes, it is.

Jean Root also commented as a point of clarification for the members in the audience, that the Planning Commission is

 just a recommending board. This still has other steps before it goes to County Planning and then it comes back with 

their recommendations to the Township Board of Trustees.

Jean Root made a motion that the Planning Commission recommends denial of Rezoning # 6-03, a rezoning request by 

Marion Oaks Development, L.L.C, from SR to UR for the following reasons:

1.      Is the rezoning justified by changed or changing conditions in the area? The proposed rezoning request has

 not identified significant changed conditions with respect to this site that would justify SR to UR in that:

a)     The surrounding properties to the west, north and east are zoned SR and the property to the south across

 Wright Road is zoned RR. No surrounding properties are zoned UR, or Master Plan or urban density land use.

2.      Is the rezoning consistent with the Township’s future land use plan and established land use pattern?  The 

proposed rezoning would set an undesirable precedent of extending the UR zoning into areas Master Planned for 

open residential or low density suburban residential as well as areas that are located within the rural services area.

3.      Would the amendment create an isolated district unrelated to adjacent districts?  The proposed rezoning of the 

subject properties from SR to UR would represent spot zoning and is incompatible with surrounding land uses and 

is incompatible with the Township’s adopted Master Plan.

4.      What is the capability of providing public utilities, roads and services if the rezoning is approved?  The proposed

 rezoning would have a detrimental affect on the Township’s ability to provide adequate public services and facilities

 in that the subject site is located within the rural services district with no public water or sewer and no public water

 and sewer extensions are anticipated. The Section 6.17 of the Marion Township Ordinance, Item A, 1 and 2.

5.      Will the rezoning be compatible with neighboring properties?  The proposed rezoning would adversely affect the

 features on the subject site in this way:  the property is  Master Planned for open space residential.  Surrounding 

areas continue to be SR and rural in nature and agriculturally zoned.

6.      Will the rezoning adversely affect the value of the property?  The property values that surround it is subjective

 to the home market and, therefore, were unable to determine if it would affect the properties in a negative way.

7.      Is it economically feasible to develop the property under the current zoning?  The subject property can put to

 reasonable economic use under its current SR zoning.  Other options for SR zoning include site condominiums, 

cluster development, as well as the Planned Unit Development Overlay District.

8.      Are there adequate sites elsewhere in the community for the proposed use?  It is the opinion of the Planning 

Commission that developments of this density are to be established within the water and sewer district already 

established within the Master Plan adopted in 1992. Under the Comprehensive Plan the property sits within the 

rural services district which is not planned for water and sewer.  However, this property also sits within this 

District I or District II, which is within the water and sewer but is not currently being served.

(Discussion: Debra Wiedman-Clawson suggested rewording to within the current service district. Jean Root 

respectfully disagreed that they are not in the rural service district.  Dave Hamann stated this is talking about 

the ’92 Comprehensive Plan versus the District I and II for Howell sewage treatment plant services and pointed 

out there is a semantic difference and that Jean Root is talking from a Comprehensive Plan, which is correct,

but it should also be mentioned that even though it is in the sewer district it is currently not served and UR is 

reserved for along I-96. Dave Hamann suggested stating what she said about the Comprehensive Plan and then 

add to it the fact that there are two districts that are within the sewer district that currently this property is not 

served.)

9.      There was an overwhelming response of negative comments from the surrounding residents and current 

residents of Marion Township that they wished for the SR to UR be denied believing it would have a negative 

impact on the Township as a whole.

10.  The letter dated February 16, 2004 from John Ambrose be included.

 Dave Hamann seconded the motion. 

Jean Root amended the motion to add prior to the recommendation that it be sent to the Livingston County Department 

of Planning and the Marion Township Board of Trustees.  The Planning Consultant review letter dated 

January 16, 2004 be added to the minutes.  Dave Hamann seconded the amended.  Motion carried 5-0.

RZN# 4-03 Cresendo Homes - Family Golf Rezoning

Kirt Anderson, Atwell-Hicks updated the Planning Commission.  Clarification on the road right-of-way and/or 

easements onto Peavy Road in respect to the tract of land between the subject site and Peavy Road.  A letter 

dated 1-20-04 from Brad E. G. Oliver, PS, Survey Project Manager for Atwell-Hicks addresses these concerns.

Second issue capacity issues at the corner of Mason and Peavy Roads.  A Traffic Impact Analysis was provided 

to the Planning Commission.  Turning counts were requested yet not provided.  The data is being collected and a 

report will be sent to the Planning Commission as soon as it is available.  Tonight Kirt Anderson is here to answer 

any questions.

John Lowe felt the critical information was the intersection count.

Kirt Anderson agreed the intersection will need to be improved yet he feels this is a site plan issue not a rezoning issue.

John Ambrose brought up proposed roadway between D-19 and Peavy Road and asked this be part of the calculations.

Jean Root asked to see the minimum to the maximum numbers.

Jean Root motioned to table rezoning request RZN# 4-03.  A rezoning request by Crescendo Homes to be tabled to the

 next regular scheduled meeting March 23, 2004.  Dave Hamann seconded.  Motion carried 5-0.

RZN# 5-03 Coddington Property

Debra Wiedman-Clawson would like to abstain.  Jim Barnwell of Design, Inc. gave a presentation describing property,

 location and surrounding zoning.  John Lowe asked if there is any new information.  Jim Barnwell said no.

John Lowe stated they can use the factors for areas of discussion. 

Number one.  Is the rezoning justified by change or changing conditions in the area?  I would state that since this 

property was zoned, that we have rezoned the property in that area, this is an infill of the existing Urban Residential 

(UR) on three sides.  This sits within the mixed urban area as stated in the 1992 Master Plan.

Number two. Is the rezoning consistent with the Townships Master Plan and the established land use patterns in the 

area?  Yes, property on three sides is UR. It sits within the partial services district of the Master Plan and is already 

served by sewer and water. 

Number three. Would it create an isolated district unrelated to adjacent districts? It is surrounded by UR on three sides. 

Number four.  Does capability exist to provide public utilities, roads and services if the rezoning is approved?  

Site is currently served with both sewer and water and roads can to tie into through existing developments and 

exit near the I-96/D-19 interchange.

Jim Anderson asked that is one way to go if you go through the Meadows Development as an access point yet what 

happens if they go to Peavy Road?

Discussion ensued as to potential density of this 11 acre site and the impact it may have on Peavy Road.

Number five.  Will the rezoning be compatible with neighboring properties?  Again, the site is surrounded on three 

sides by UR.

Number six.  Will the rezoning adversely affect the value of these surrounding proprieties? 

John Lowe maintained as they are similar there would be little impact if any.

Number seven.  Is it economically feasible to develop property under current zoning?  Yes, but it coincided with the 

Master Plan for this to be uniform in the UR area.

Number eight.  Are there adequate sites elsewhere in the community for the proposed use?  This is the proposed use 

in the 1992 Master Plan.

Jean Root commented there were no negative comments from the public at the Public Hearing.

Jean Root motioned to recommend approval for the rezoning request RZN# 5-03 known as the Coddington property

from Suburban Residential to Urban Residential. 

Item one.  Is the rezoning justified by change or changing conditions in the area?  It is the opinion of the Planning 

Commission given that most of the surrounding property sits within the mixed urban district for the Master Plan of 1992.

It justifies this change.

Item two.  Is the rezoning consistent with the Townships Future Land Use Plan and established land use patterns in the

area? It is the opinion of the Planning Commission that the rezoning request is consistent with the Townships Future 

Lands Use Plan as it sits within the partial services district is currently served with water and sewer and is mostly 

surrounded currently by UR district.

Item three.  Would the amendment create an isolated district unrelated to adjacent districts?  It is the opinion of the 

Planning Commission that by changing this zoning from SR to UR it would be consistent with current UR zoning it is 

surrounding by. 

Item four.  What is the capability to provide public utilities, roads and services if the rezoning is approved?  The 

property is currently served with water and sewer service it sits on a paved road as well as given its proximity to 

other developed projects.  Their road systems could be used or accessed.

Item five.  Will the rezoning be compatible with neighboring properties?  Again, it is currently zoned SR to the North 

but mostly surrounded by UR. 

Item six.  Will the rezoning adversely affect the value of these proprieties?  It is the position of the Planning 

Commission that it would not adversely affect the surrounding proprieties give that it is mostly currently surrounded by

UR zoning.

Item seven.  Is it economically feasible to develop property under current zoning?  Yes it is however it is Master 

Planned as mixed urban and therefore it seems feasible to allow it to go to UR as it is currently surrounded mostly by 

UR districting.

Item eight.  Are there adequate sites elsewhere in the community for the proposed use?  The site sits directly where it

 is Master Planned from 1992 to go under the mixed urban use.

Item nine.  Should reference John Ambrose review letter dated December 30, 2003.

Item ten.  It should be noted that the public hearing from January 27, 2004 fielded only one comment from the public, 

mostly for clarification.

This is to be forwarded to Livingston County Department of Planning for review and recommendation. Following to be

forwarded to the Marion Township Board of Trustees for their review and recommendation.

Jim Anderson seconded.

Mike Kehoe noted the motion made to forward to the Township Board for their “recommendation” should be change

to “its decision”.

Jean Root amended the motion.  The last statement should be made as the Marion Township Board of Trustees for

 their review and decision. Jim Anderson seconded.  Motion carried 4-0 Debra Wiedman-Clawson abstained.

The Knolls of Grass Lake

Mike Boss, Boss Engineering addressed outstanding issues.  Livingston County Drain Commission (LCDC) gave 

approval for the additional grading they requested.   There were questions whether lots 4 and 7 could accommodate a

 driveway.  Mike Boss provided drawings of these lots with the placement of a home and driveway. 

Additional landscaping along the some rear lot lines requested by the Planning Commission was discussed.  

The Planning Commission did not ask for berms along the lot lines.  They asked for additional plantings that would 

screen year round. Mike Boss has deferred to the expert for advice, their landscape architect has reviewed the plans 

and finds that the plans as submitted are appropriate and additional berming and landscaping is unwarranted.

Mike Kehoe read section 6.24 Landscape Buffer.  The Planning Commission may require a landscaped, greenbelt 

buffer between any use where it is anticipated that the impact of a proposed development will be negative on an

existing abutting development and/or use.”  The Planning Commission has been given authority within reason.

Mike Boss asked the Planning Commission to clarify where the have the authority along the buffers and what they

 want and he will tell them where they do not have it and what they will not do and you do not have authority and that 

is not a buffer area. 

The Planning Commission would like to see the height of the berms and trees increased.  An agreement was made

 between the Planning Commission and Boss Engineering to have their landscape architect meet with a Township 

representative on site to discuss additional landscaping.

Letter dated 2/24/04 from Les Rodwell, Fire Marshal, Howell Area Fire Department (HAFD) was read by John Lowe. 

Mr. Rodwell’s letter states the plans are unsatisfactory as presented.  Mr. Rodwell states this is clearly a violation of the

adopted International Fire Code Section D107.1, where the number of dwelling units exceeds 30 a separate and approved 

fire access road will be provided.  Mike Boss claims HAFD is a recommending body, the LCRC has given approval, the

plans are alright.

Mike Kehoe is not familiar with the International Fire Code.  He will do further research and provide the Township will a

letter regarding enforcement.

Jean Root motioned to table the Knolls of Grass Lake site plan review until the next regular meeting of March 23, 2004 

regular Planning Commission.  Dave Hamann seconded.  Motion carried 5-0.

TXT# 1-04 Article XIII Planned Unit Development District

Jean Root motioned to send proposed text change for Article XIII Planned Unit Development District Heading to now 

read: Planned Unit Development Overlay District to the Livingston County Department of Planning for their review and

 recommendation.  To forward to the Marion Township Board of Trustees for their review and decision.  

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

Site Plan Review Application

John Lowe asked the Planning Commission for discussion. No discussion tonight. Dave Hamann motioned to table 

the Site Plan Review Application.  Debra Wiedman-Clawson seconded. Motion carried 5-0.

NEW BUSINESS

TXT# 2-04 Section 6.30 & TXT# 3-04 Section 3.02 Private Sewage/Waste Water Treatment Facilities

John Lowe stated John Ambrose, Township Planner and Mike Kehoe, Township Attorney have put together language

for the proposed text amendment and definition.  John Ambrose stated the language is concise and ready for a public

hearing. Any changes can be discussed at the public hearing. Jean Root asked if the township can prohibit private 

facilities entirely. Debra Wiedman-Clawson asked if they are still limited to what current zoning is.

John Ambrose explained it is broken down two ways.  If one is put in the sewer service district you can enjoy the

same lot areas, densities as if you were served with sewer.  If you are located outside the sewer district in Rural 

Residential (RR), you still have to maintain the one acre lot size.  There is no change in density. Jean Root motioned

to set a public hearing for March 23, 2004 @ 7:15.  Jim Anderson seconded.  Motion carried 5-0.

CALL TO THE PUBLIC

Jean Root would like Planning Commission Rules and Procedures of 1996 to be placed on the March 23, 2004 agenda.

 John Ambrose will review the current version and submit suggested revisions.

ADJOURNMENT

Dave Hamann made a motion to adjourn@ 10:40 p.m..  Debra Wiedman-Clawson seconded.