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                                 MARION TOWNSHIP

         Public Hearing and Regular PC Meeting

      May 24th, 2005 - Agenda and Draft Minutes                    

 

CALL TO ORDER:

MEMBERS PRESENT:  

MEMBERS ABSENT:

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

APPROVAL OF AGENDA:   May 24, 2005 Public Hearings    

APPROVAL OF MINUTES FOR:

OLD BUSINESS:  

1.  Proposed Text Amendment Rural Residential Uses Permitted by Special Use Permit

           8.01 E 6 cemeteries, crematories & mausoleums (remove crematories) & 17 Shooting      

         ranges, including gun, rifle, skeet, trap, pistol and archery clubs (remove all except archery 

         clubs)

  2. Proposed Text Amendment Suburban Residential - Uses Permitted by Special Use Permit -

         8.02 E 4 cemeteries, crematories & mausoleums (remove crematories)               

                      

NEW BUSINESS:  

CALL TO PUBLIC:

ADJOURNMENT:  

                             REGULAR MEETING AGENDA

CALL TO ORDER:

MEMBERS PRESENT:  

MEMBERS ABSENT:

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

APPROVAL OF AGENDA: May 24, 2005 Regular Meeting       

APPROVAL OF MINUTES FOR: April 26, 2005 Regular Meeting

OLD BUSINESS:  

Proposed Text Amendment Article XVIII Site Plan Review Requirements

Site Plan Review Application & Checklist

Proposed Text Amendment Rural Residential - Uses Permitted by Special Use Permit

    8.01 E 7 Child Care Centers

Proposed Text Amendment - Suburban Residential - Uses Permitted by Special Use Permit 

        8.02 E 5 Child Care Center     

NEW BUSINESS:  

CALL TO PUBLIC:

ADJOURNMENT:

                    Public Hearing - Draft Minutes

 

MEMBERS PRESENT:   JOHN LOWE, CHAIRPERSON

                                     DAVE HAMANN

                                     DEBRA WIEDMAN-CLAWSON

ABSENT:                      JEAN ROOT, SECRETARY

                                    JIM ANDERSON

OTHERS PRESENT:      ROBERT W. HANVEY, SUPERVISOR

                                     ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                     PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT

                                     PAUL SIERSMA, CARLISLE/WORTMAN

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

CALL TO ORDER

The meeting was called to order at 7:20 p.m.

APPROVAL OF AGENDA

Dave Hamann motioned to approve the agenda for May 24, 2005 Planning Commission Public

Hearings.  Debra Wiedman-Clawson seconded.  Motion Carried 3-0.

INTRODUCTION OF MEMBERS

The Planning Commission members introduced themselves to the audience.  Jean Root and Jim

Anderson are absent.

CALL TO THE PUBLIC

Debra Wiedman-Clawson questioned the reason for deleting crematories from the uses.

John Lowe said it is a commercial use and does not think it is an appropriate use in residential

districts. Debra Wiedman- Clawson asked in what district could you put it, the use does not create

high traffic volumes. John Lowe stated it is the burning that becomes an issue with the residents.

Debra Wiedman-Clawson believes the township is running out of burial space and you have to

have an option. Discussion ensued regarding which district to place it in and the repercussions

with each district.

John Lowe thinks it is a commercial operation and can be a use in Highway Service.

John Luitink 4757 Pingree Road .  By taking it out of the text does that mean you cannot build one

period?

John Lowe asked Dave Hamann if he had any thoughts.

Dave Hamann responded no.

John Lowe closed the call to the public.  Agenda item to be placed on the June 28, 2005 agenda.

APPROVAL OF MINUTES

None

OLD BUSINESS

Proposed Text Amendment - Rural Residential uses Permitted by Special Use Permit

 - Section 8.01 E 6 - Cemeteries, Crematories & Mausoleums and Section 8.01 E 17

Shooting ranges, including gun, rifle, skeet, trap, pistol and archery clubs

John Lowe opened discussion on Section 8.01 E 17 - shooting ranges, including gun, rifle, skeet,

trap, pistol and archery clubs.  The removal of all but archery clubs.  John Lowe asked the

audience members if that was what they were here for.

John Luitink 4757 Pingree Road - Yes.

John Lowe asked the Planning Commission members if they had any comments. They answered no.

John Lowe opened the call to the public.

John Luitink asked how this would affect the Howell Gun Club and if this meant there will be no new

 gun clubs allowed in rural residential.

John Lowe answered no it would not effect them and yes this would prohibit any new gun clubs in

rural residential.

Debra Wiedman-Clawson is opposed to removing this text from rural residential.  She would rather

have controlled shooting.  She also asked if this applied to an individual property owner.

John Lowe answered this is for gun clubs.

Discussion ensued on individuals shooting in their back yards and how that would be monitored.

John Luitink asked for the definition of shooting range.

Dave Hamann read the definition of shooting range and it clarified the issue.

John Lowe asked if there were any other comments.  No response.  Agenda item to be placed on

the June 28, 2005 agenda.

Proposed Text Amendment - Suburban Residential District - Uses Permitted by Special

Use Permit - 8.02 E #4 Cemeteries, Crematories & Mausoleums

John Lowe noted this is essentially the same text amendment as discussed earlier under agenda item

8.01 E #6.

John Lowe opened the call to the public.  No response.  John Lowe asked the Planning Commission

members if they had any comments.  No response.

Debra Wiedman-Clawson asked to revisit the gun club discussion. If the Howell Gun Club sold

would the new owners be able to continue a now non-conforming use?

John Lowe would like to have this discussion at the June 28, 2005 meeting when Mike Kehoe will

be present.

NEW BUSINESS

None

CALL TO THE PUBLIC

No response.  John Lowe closed the call to the public.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 7:40 p.m.  Debra Wiedman-Clawson seconded.

Motion Carried 3-0.

                               Regular Meeting - Draft Minutes

 

MEMBERS PRESENT:    JOHN LOWE, CHAIRPERSON

                                      JEAN ROOT, SECRETARY

                                       DAVE HAMANN

                                       DEBRA WIEDMAN-CLAWSON

ABSENT:                        JIM ANDERSON

OTHERS PRESENT:        ROBERT W. HANVEY, SUPERVISOR

                                      ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                       PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT

                                       PAUL SIERSMA, CARLISLE/WORTMAN

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

CALL TO ORDER

The meeting was called to order at 7:43 p.m.

APPROVAL OF AGENDA

Dave Hamann motioned to approve the agenda for May 24, 2005 Planning Commission Regular

Meeting.  Debra Wiedman-Clawson seconded.  Motion Carried 3-0.

INTRODUCTION OF MEMBERS

The Planning Commission members introduced themselves to the audience.  Jean Root came

@ 7:50 p.m.  Jim Anderson is absent.

CALL TO THE PUBLIC

John Lowe opened call to the public.  No response.  John Lowe closed the call to the public.

APPROVAL OF MINUTES

Jean Root requested by phone earlier in the day that this item be tabled until she is in attendance

and has an opportunity to respond.  Dave Hamann motioned to table the April 26, 2005 minutes.

Debra Wiedman-Clawson seconded.  Motion Carried 3-0.

OLD BUSINESS

Proposed Text Amendment - Article XVIII Site Plan Review Requirements

The Planning Commission members agreed to forgo reading the entire document and focus on the

items they would like changed.

Section 18.01, item B Paul Siersma clarified the last word ‘and’ as a transition to item C.

Section 18.03 Preliminary Site Plan -  A Application ‘aerial photos of the site area and surrounding

areas showing overlaying property lines and the proposed site layout at a scale ten times that used

for the site plan’  John Lowe asked Phil Westmoreland what scale that would be?  If it was 1”=100’

it would be 1”=1,000’.

John Lowe asked if you could use a different scale.  He would like to see one presentation aerial for

the night of the meeting and smaller aerials for the Planning Commission members.

It was agreed that six 11” x 17” color aerials and one 24” x 36” presentation color aerial.

Section 18.03 Preliminary Site Plan - A - Application - the number of copies to be submitted will be

changed from twenty to twelve.

Section 18.03 Preliminary Site Plan - B - Information required - underline the first line of the

paragraph so it will stand out to applicants.

Section 18.03 Preliminary Site Plan - General Information - Copy item #12 (except zoning

classification) and #13 and place in item #3 as information required in the presentation quality

aerial photograph. 

Section 18.03 Preliminary Site Plan - General Information - item #15 delete ‘to road geometrics’.

Section 18.03 Preliminary Site Plan - Physical Features - item #6 add (where applicable.)

Section 18.03 Preliminary Site Plan - D - Effect of Approval - discussion on the word approval vs.

recommending took place. 

Debra Wiedman-Clawson stated the word approval implies the Planning Commission is a approving

body.  This is not true, does this mean it is sent to the Board of Trustees.

Dave Hamann noted the preliminary site plan is the driving force for a final and it may not be wise

to approve a preliminary without Board of Trustees input.  If Article XVIII is being revised Dave

Hamann would like Annette McNamara approach the Board of Trustees with the question ‘what is

their interest in a preliminary site plan do they want to be part of the preliminary approval process

or waive and allow another process.’

Jean Root clarified Planned Unit Development process gets the Board of Trustees approval at the

preliminary level. Discussion ensued on this subject.  Debra Wiedman-Clawson would like

Mike Kehoe to comment on this.

Section 18.03 Preliminary Site Plan - E - Expiration of Approval of Approval - Paul Siersma stated

this is an arbitrary number. The Planning Commission members would like to delete one hundred

eight days and insert one year.

Section 18.04 Final Site Plan - A - Application - change twenty copies to twelve copies.

Section 18.04 Final Site Plan - B - Information Required - Physical Features - add (where applicable)

to item #9 and item #13.  Add ’limits of clearing’ to item #16.

Section 18.04 Final Site Plan - B - Information Required - Additional Requirements for Residential

Developments - copy items #1, #2 & #3 to Section 18.03 Preliminary Site Plan - B - Information

Required as a new item below Natural Features.

Section 18.04 Final Site Plan - C - Standards for Review - delete last three words of last sentence

in item #3.  Debra Wiedman-Clawson would Like Livingston County Drain Commission changed

to Livingston County Drain Commissioner throughout the document.  Add (where applicable) to

item #6.

Section 18.04 Final Site Plan - D - Planning Commission Action - the Planning Commission

members would like to include a 90 day limitation and would like Mike Kehoe to approve the time

frame.  Howell Area Fire Authority should be added.

Section 18.09 Construction Observation - the Planning Commission members would like input

from Mike Kehoe on the sentence “Any facilities installed without Marion Township observation

will be required to be removed and reinstalled at the applicant’s expense with proper

Marion Township observation.”  They would also like to keep the last sentence.

Section 18.10 Modification of Plan During Construction - discussion on fees.  Dave Hamann noted

Section 4.07 of the zoning ordinance addresses the Zoning Administrator ability to determine fees.

Section 18.12 Appeals - Paul Siersma to ask Mike Kehoe if this can be removed.

The changes to Article XVIII to be submitted by Carsile/Wortman for the June 28, 2005 meeting.

Site Plan Review Application & Checklist

It was agreed by the Planning Commission members that this agenda item be worked on once

Article XVIII is completed.  Dave Hamann motioned to table this item to the June 28, 2005

meeting.  Debra Wiedman-Clawson seconded.  Motion Carried 4-0.

Proposed Text Amendment Rural Residential - Uses Permitted by Special Use Permit

Section 8.01 E 7 - Child Care Centers

Debra Wiedman-Clawson stated the zoning ordinance needs a clear definition for Child Care Center .

What is a day care and what is a school.

John Lowe asked Paul Siersma to submit examples for definitions of child care center and day care

center for the June 28, 2005 Planning Commission meeting.

The Planning Commission members would like to clarify day care and schools.  The Planning

Commission members do not want to remove this from Rural Residential.  They would prefer to

work on definitions and the special use permit requirements set forth in Article XVII -

Section 17.08.  Add paved roads as a requirement, isolation distances and a primary residence

must be in place and occupied by the child care center operator.  The Planning Commission

members do not want to see a stand alone business. Carslie/Wortman to make changes to

Section 3.02 and Section 17.08 and submit for June 28, 2005 meeting. 

Proposed Text Amendment Suburban Residential - Uses Permitted by Special Use

Permit Section 8.02 E 5 - Child Care Centers

Discussion ensued on requirements for Suburban Residential (SR.)

John Lowe would like acreage requirements so they are not on ¾ acre lots.

Debra Wiedman-Clawson would still like to see a primary residence in place.

John Lowe does not think you could get a primary and an accessory structure on a 2 acre lot.

Section 17.08 covers all three districts in the township.  Discussion on allowing on gravel roads,

more stringent isolation distance requirements and play areas being isolated from neighbors in the

SR district.  Carslie/Wortman to research other communities and text for examples to be submitted

for the June 28, 2005 meeting.

Land Division amendment 525

John Lowe asked Paul Siersma or Phil Westmoreland to comment.

Paul Siersma informed the Planning Commission the amendment has refined time changes, more

detailed sections, consolidated and clarifying of language, reviewing departments have changed. 

Dave Hamann interjected other changes, consolidating county agency review and township

reviewed reduced from 90 to 60 days to process.  He also suggested the Marion Township

Subdivision Control Ordinance should be revised to reflect the changes in 525. 

John Lowe would like to discuss this issue further at the June 28, 2005 meeting when Mike Kehoe

will be in attendance.

Performance reviews scheduled for June 28, 2005

This is to confirm the date for everyone and acknowledge that Mike Kehoe will attend.

Approval of minutes from:  April 26, 2005 Regular Meeting

Jean Root and Debra Wiedman-Clawson noted their changes to the minutes.  Dave Hamann

motioned to approve the minutes as amended.  Jean Root seconded.  Motion Carried 4-0.

NEW BUSINESS

None

CALL TO THE PUBLIC

Jean Root noted in removing crematorium from uses permitted with a special use permit. It

should also be taken out of the heading and be removed from item #1.  Can Paul Siersma look at

this section and amend accordingly for the June 28, 2005 Planning Commission meeting.

Jean Root also an FYI; Hidden Pines in Genoa Township had to upgrade the on site sewage/waste

water treatment system at a cost of $366,000.00.

John Luitink 4757 Pingree.  Would like to see all agendas posted in the glass box outside of the

building. 

John Lowe discussed Cedar Creek Estates roads.  They are falling apart and who is responsible for

fixing the problems.

Dave Hamann suggested reviewing the Master Deed and By-Laws for Cedar Creek Estates and see

what percentage the developer is liable for.

John Lowe closed the call to the public.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 10:15 p.m.  Jean Root seconded. 

Motion Carried 4-0.