Livingston County Department of Planning

Transcription

1 Livingston County Department of Planning LIVINGSTON COUNTY PLANNING COMMISSION MEETING Wednesday, November 15, :30 p.m. Administration Building, Board of Commissioners Chambers 304 East Grand River, Howell, MI Kathleen J. Kline-Hudson AICP, PEM Director Robert A. Stanford AICP, PEM Principal Planner 1. Call To Order 2. Pledge of Allegiance 3. Roll and Introduction of Guests Agenda Scott Barb AICP, PEM Principal Planner 4. Approval of Agenda November 15, Approval of Meeting Minutes October 18, Call to the Public 7. Zoning Reviews a. Z Howell Township, Rezoning, Agricultural Residential AR to Neighborhood Service Commercial NSC in Section 32 b. Z Putnam Township, Rezoning, Agricultural/Open Space A-O to Single Family Residential RS-3 in Section 26 c. Z Tyrone Township, Zoning Ordinance Amendment, Articles 4,5,6,8 and 20 related to Open Space Requirements Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) d. Z Tyrone Township, Zoning Ordinance Amendment, Article 23, Section R. Site Plan Information, Registered Designer Required e. Z Tyrone Township, Zoning Ordinance Amendment, Article 21, Section Condominium Development Standards and Site Plan Review f. Z Tyrone Township, Zoning Ordinance Amendment, Article 22, Section C. Cemeteries g. Z Tyrone Township, Zoning Ordinance Amendment, Article 26, Section Open Space Dependent Properties Web Site co.livingston.mi.us

2 Livingston County Planning Commission Meeting Agenda November 15, 2107 Page Old Business a. Planning Commission Composition b. Progress on visits to local Planning Commission meetings c. Review of Master Plan Chapters d. Citizen Planner Series 9. New Business a. Annual Meeting of the Livingston County Planning Commission 10. Reports a. County Planning Staff Report 11. Commissioners Heard and Call to the Public 12. Adjournment

3 BY- LAWS ARTICLE I ELECTION The Commission shall elect at its first meeting and at each annual meeting thereafter from among its members a Chair, Vice Chair, and Secretary. Their term of office shall be for one year or until their successors are elected and qualified. An annual meeting of the Planning Commission will be held in November of each year to elect and sustain officers as needed. ARTICLE II MEETINGS The Commission shall hold not less than four (4) regular meetings each year with time and location of meetings approved in advance. All meetings of the Planning Commission shall be held in compliance with the Open Meetings Act (MCL et. seq.) The Planning Commission shall adopt by laws and keep a public record of its resolutions, findings, and determinations, subject to compliance with the Freedom of Information Act, MCL et. seq. ARTICLE III DUTIES The Commission shall elect from its membership a chairperson, vice-chair and secretary and fill other offices as it considers necessary (MCL ). Duties of the officers shall be: The Chairperson shall preside at all meetings of the Commission. He/She shall appoint such committees as authorized by the Commission. The Vice-Chair, in absence of the Chair, shall perform the duties of the chairperson as stipulated above. The Secretary shall keep a complete and accurate record of all proceedings and conduct all correspondence for the Commission. He/She shall perform such other duties as instructed by the Commission. ARTICLE IV QUORUM A quorum for the transaction of business shall consist of four (4) members. ARTICLE V AMENDMENTS Amendments to the constitution and by-laws may be made at any meeting of the Planning Commission provide notice of such amendment was included in the call for the meeting. A majority vote of the members is required to amend the constitution and by-laws of the Livingston County Planning Commission. This constitution and by-laws have been adopted by the Livingston County Planning Commission this February 20 of 2013.

4 LIVINGSTON COUNTY PLANNING DEPARTMENT ZONING REVIEW CASE NUMBER: Z LOCATION: Howell Township SECTION NUMBER: Section 32 TOTAL ACREAGE: 4.24 acres APPLICANT/OWNER: Brad Jonckheere CURRENT ZONING: AR Agricultural Residential REQUESTED ZONING: NSC (conditional rezoning) Neighborhood Service Commercial PERMITTED/SPECIAL USES (Not all inclusive): Permitted: Production of fruit, crops, sod, livestock and poultry, syrup, mushrooms, fur; greenhouse production; adult and child day care homes; state licensed foster care facilities; single family farm or non-farm dwellings; churches; stables; public and private developments that conserve natural resources.. PERMITTED/SPECIAL USES (Not all inclusive): Permitted: Retail establishments for groceries, meats, bakery products, delicatessens, drugs and sundries, hardware goods, dry goods, clothing and apparel; restaurants; service establishments such as dental, medical, veterinary, financial, hair cutting, laundry, fine arts; vehicle repair facilities for automobiles and light trucks, body shops.. Special: Confined feedlots of at least 40 acres; airports and landing fields; campgrounds and day camps; public and private cemeteries; agribusiness; home business.. MINIMUM LOT AREA: One acre. Special: Automotive gasoline and service stations; drive in retail and service establishments; neighborhood shopping centers; non-profit shelters for pets MINIMUM LOT AREA: 1 acre; 10,000 sq. ft. with water and sewer. ZONING: LAND USE: TOWNSHIP PLANNING COMMISSION RECOMMENDATION AND PUBLIC COMMENTS: The Howell Township Planning Commission recommended APPROVAL of this request at its August 22, 2017 public hearing. There were minor comments at the public hearing. ESSENTIAL FACILITIES: SANITARY SEWER: Private Sewer. WATER SUPPLY: Private Water Supply/Public Water Avail. ACCESS ROAD(S): Property access is from Mason Road.

5 ANALYSIS BY: Scott Barb DATE: November 15, 2017 CASE NUMBER: Z PAGE: 2 EXISTING CONDITIONS: The site proposed for the rezoning request is located in Section 32 of Howell Township. Natural Areas: According to the map "Livingston County's High Quality Natural Areas, there is a priority 1 natural area that encroaches just inside the northwest portion of the property due to the East Cedar River drain. Land Use: Soils: Wetlands: Topography: Vegetation: The existing parcel is used as a gravel pit. A very narrow strip of soils along the eastern border of the property are designated as Carlisle Muck. The National Wetlands Inventory (NWI) indicates that the entire site is composed of hydric soils. The area proposed for rezoning is flat. The site has been heavily excavated; the focus area is void of any vegetation except minor natural vegetation along Mason Road. CURRENT LAND USE, ZONING, AND MASTER PLANNING MATRIX: NORTH N Existing Land Use: Vacant Open Space Zoning: AR Agricultural Residential Master Plan: Agricultural Preservation SUBJECT SITE Existing Land Use: Vacant Open Space Existing Land Use: Gravel Pit Existing Land Use: Vacant Open Space WEST Zoning: AR Agricultural Residential Master Plan: Agricultural Preservation Zoning: AR Agricultural Residential Master Plan: Agricultural Preservation and Local Commercial Zoning: AR Agricultural Residential Master Plan: Agricultural Preservation EAST Existing Land Use: Large lot residential Zoning: Suburban Residential (Marion) Master Plan Open Space; Residential SOUTH

6 ANALYSIS BY: Scott Barb DATE: November 15, 2017 CASE NUMBER: Z PAGE: 3 TOWNSHIP MASTER PLAN: The Future Land Use map of Howell Township designates the north half of the parcel as Agricultural Preservation with the southern half of the parcel designated as Local Commercial. The commercial designation is indicative of lots along Mason road near Burkhart Road that are already being utilized as neighborhood service and related uses. Parcels that surround the subject site are all master planned as agricultural preservation. While the intent of the Township is to maintain agricultural lands as much as possible in this area of the township, development pressures near the Burkhart Road area have forced commercial and medium density residential expansion near the subject site. Encouraging appropriate development based on existing land use patterns and supporting continued development of varying levels of commercial land uses are common goals within the master plan. COUNTY COMPREHENSIVE PLAN: The Livingston County Comprehensive Plan designates the site as Transitional Residential (page 64). According to the County Comprehensive Plan: Transitional Residential applies to areas that have already experienced new suburban housing growth, but which retain some of their agricultural characteristics. These areas act as a buffer between more strictly agricultural lands and residential areas. Most of these areas will be on the front lines of residential development pressure over the next two decades. Therefore, it is important to have effective open space and cluster ordinances in place. Public water and sewer are already present in some areas.. (Pages 64-65) COUNTY PLANNING STAFF COMMENTS: The applicant has submitted an application to conditionally rezone 4.24 acres from Agricultural Residential to Neighborhood Service Commercial to develop a microbrewery on site. Plans for the subject site include the rehabilitation of an old office building, outdoor seating, and additional game and gathering areas. Conditions imposed voluntarily by the applicant include the following (Authority for conditional rezoning is outlined in MCL ): 1. The rezoning would be predicated upon the approval of a site plan for the site. 2. Mining and reclamation of the existing gravel pit has been completed along with a preliminary housing plan on the site has been approved. 3. Any new uses would be subject to site plan approval. The proposed rezoning site is located on Mason Road west of Burkhart Road and just north of the Marion Township Howell Township boundary. There are no immediate conflicts seen when looking at the zoning or master plans of either community. Land uses to the south of the site are residential in nature with large lots and open space being the predominant land use type. Since the parcel in question has been master planned as local commercial, the proposed use is compliant with the township master plan and uses designated in the Township Zoning Ordinance as neighborhood service commercial. STAFF RECOMMENDATION: Approval. Staff is recommending approval of the proposed conditional rezoning from Agricultural Residential to Neighborhood Service Commercial. The Howell Township Master Plan supports the rezoning as the parcel has already been master planned to accommodate local and neighborhood commercial land uses in this area of the Township.

7 ANALYSIS BY: Scott Barb DATE: November 15, 2017 CASE NUMBER: Z PAGE: 4 Aerial view from Mason Road View entering property from Mason Road

8 LIVINGSTON COUNTY PLANNING DEPARTMENT ZONING REVIEW CASE NUMBER: Z LOCATION: Putnam Township SECTION NUMBER: Section 26 TOTAL ACREAGE: 15.4 acres APPLICANT/OWNER: Carl Vagnetti CURRENT ZONING: AO Agricultural/Open Space REQUESTED ZONING: RS-3 Single Family Residential (1 acre minimum lot size) PERMITTED/SPECIAL USES (Not all inclusive): Permitted: Single family dwellings; farms; equestrian facilities; family and adult day care homes; essential services; roadside stands; home occupations; keeping of livestock on non-farm properties; horse shows with fewer than 20 participants. Special: Open space developments; group day care homes; public/commercial stables; cemeteries; kennels; wireless communication towers; places of worship; extractive operations; garden centers and nurseries; educational facilities such as zoological gardens and wildlife exhibits. PERMITTED/SPECIAL USES (Not all inclusive): Permitted: Single family detached dwellings; home occupations; parks and recreational areas; public buildings and facilities; adult and family day care homes. Special: Open space development; places of worship; parochial and private schools; group day care homes; public utility buildings; museums; bed and breakfast facilities. MINIMUM LOT AREA: 1 acre. MINIMUM LOT AREA: 10 acres. ZONING: LAND USE: TOWNSHIP PLANNING COMMISSION RECOMMENDATION AND PUBLIC COMMENTS: The Putnam Township Planning Commission recommended APPROVAL of this request at its October 11, 2017 public hearing. There were no comments at the public hearing. ESSENTIAL FACILITIES: SANITARY SEWER: Public sewer available. WATER SUPPLY: Private Water Supply/Public Water Avail. ACCESS ROAD(S): Property access is from Patterson Lake Road.

9 ANALYSIS BY: Scott Barb DATE: November 15, 2017 CASE NUMBER: Z PAGE: 2 EXISTING CONDITIONS: The site proposed for the rezoning request is located in Section 26 of Putnam Township. Natural Areas: According to the map "Livingston County's High Quality Natural Areas, there are no priority natural areas located on the subject parcel. Land Use: Soils: Wetlands: Topography: Vegetation: The existing parcel is open space/cropland. All soils on site are Fox sandy loams (FoA) with slopes ranging from 0 to 6 percent slopes. The National Wetlands Inventory (NWI) indicates that the entire site is classified as uplands. The subject parcel is predominantly flat. Minor elevation changes can be seen west to east. The site is primarily in its natural state of open space/cropland. CURRENT LAND USE, ZONING, AND MASTER PLANNING MATRIX: NORTH N Existing Land Use: Single Family Homes Zoning: RS-2 Medium Density Master Plan: Medium Density Residential (Village of Pinckney) SUBJECT SITE Existing Land Use: Vacant Patterson Lakes Products Existing Land Use: Agricultural cropland. Existing Land Use: Single Family Homes WEST Zoning: Research Technology Office Master Plan: Public Lands (Patterson Lakes) Zoning: AO Agricultural Open Space Master Plan: Medium Density Residential (1 to 3 acres) Zoning: RS-3 Master Plan: Medium Density Residential (1 to 3 acres) EAST Existing Land Use: Single Family Homes Zoning: RS-3 Master Plan Medium Density Residential (1 to 3 acres) SOUTH

10 ANALYSIS BY: Scott Barb DATE: November 15, 2017 CASE NUMBER: Z PAGE: 3 TOWNSHIP MASTER PLAN: The Future Land Use map of Putnam Township designates the parcel as Medium Density Residential with lot sizes of 1 to 3 acres. According to the Township Master Plan, these are areas located near existing residential development and provide a transition between higher and lower densities. Home sites do not typically gain direct access from collector roads, but are accessed from within the development through a series of interconnected streets. Views of neighborhoods are screened along the perimeters with landscaped buffers, areas of preserved woodlands, and natural changes in topography (pages 46-47). The rezoning request is adjacent to the Village of Pinckney to the north and west and is compatible with the Village future land use designation of medium density residential. Across the street from the subject site is Patterson Lake Products, a potential research and office area that is currently master planned as public lands. The rezoning is compatible with both Putnam Township and the Village of Pinckney s future land use plans. COUNTY COMPREHENSIVE PLAN: The Livingston County Comprehensive Plan designates the site as Transitional Residential (page 64). According to the County Comprehensive Plan: Transitional Residential applies to areas that have already experienced new suburban housing growth, but which retain some of their agricultural characteristics. These areas act as a buffer between more strictly agricultural lands and residential areas. Most of these areas will be on the front lines of residential development pressure over the next two decades. Therefore, it is important to have effective open space and cluster ordinances in place. Public water and sewer are already present in some areas. (Pages 64-65) COUNTY PLANNING STAFF COMMENTS: The applicant has submitted a request to rezone 15.4 acres for the purpose of land division and creation of 10 home sites in Putnam Township near the Village of Pinckney border on Patterson Lake Road. Current zoning in the area is predominantly medium density residential in both Putnam Township and the Village of Pinckney. Access to the subject parcel is from Patterson Lake Road which also serves as the western boundary to the property. The master plans of both communities lend support to the rezoning request. The Village of Pinckney has single family home sites at the northern boundary of the property with medium density residential as the future land use designation. Across the street from the property, Patterson Lakes Products sits vacant and master planned as a potential research and office use. The Township has master planned all land and parcels surrounding the subject site as medium density residential with lot sizes that range from 1 to 3 acres. Staff believes the rezoning request is highly compatible with the master plans of both communities and the Livingston County Comprehensive Plan. No outstanding issues are anticipated with the applicant s request. STAFF RECOMMENDATION: Approval. Staff is recommending approval of the rezoning request from AO (Agricultural Open Space) to RS-3 (Medium Density Residential) as the applicant s request is compatible with the future land use plans of Putnam Township, the Village of Pinckney, and Livingston County s Comprehensive Plan.

11 ANALYSIS BY: Scott Barb DATE: November 15, 2017 CASE NUMBER: Z PAGE: 4 VIEW OF PARCEL BEHIND EXISTING CAR WASH AND LAUNDROMAT ON D-19. STREET VIEW OF PARCEL FROM D-19.

12 Livingston County Department of Planning M E M O R A N D U M TO: Livingston County Planning Commissioners and the Tyrone Township Board of Trustees Kathleen J. Kline-Hudson AICP, PEM Director FROM: Robert Stanford, Principal Planner DATE: November 1, 2017 SUBJECT: Z Amendments to Zoning Ordinance Articles - Robert A. Stanford AICP, PEM Principal Planner Scott Barb PEM Principal Planner ARTICLE 4: FR and RE RESIDENTIAL DISTRICT ARTICLE 5: R-1 SINGLE FAMILY RESIDENTIAL DISTRICT ARTICLE 6: R-2 SINGLE FAMILY RESIDENTIAL DISTRICT ARTICLE 8: OPEN SPACE PRESERVATION (OSP) OPTION ARTICLE 20: SCHEDULE OF REGULATIONS The Tyrone Township Planning Commission proposes to amend several amendments to the township zoning ordinance to modify open space requirements, specifically: Article 4: FR and RE Residential District, Article 5: R-1 Single Family Residential District, Article 6: R-2 Single Family Residential District, Article 8: Open Space Preservation (OSP) Option, Article 20: Schedule of Regulations. NOTE: When existing (current) text are utilized in this review for illustrative purposes, additions (or newly proposed text) are noted in underlined bold font while deletions to existing text are noted in strikethrough font (Times New Roman). Planning Staff comments are noted in bold italic underline fashion (Arial). Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site co.livingston.mi.us Tyrone Township proposes to amend the following language to its Township zoning ordinance regarding modification of open space requirements: ARTICLE 4 FR - FARMING RESIDENTIAL DISTRICT RE - RURAL ESTATE RESIDENTIAL DISTRICT SECTION 4.00 INTENT The intent of the FR Farming Residential District is to protect lands best suited to agricultural uses from the encroachment of incompatible uses, while designating an area appropriate to the type of single family residential development that does not alter the general agricultural character of the district. Moreover, the intent also is to protect vital natural resources, including wetlands, inland lake water quality, groundwater supplies, fertile and stable soils, and significant stands of wood lots and vegetative cover.

13 Z-40-17: Tyrone Township Amendments to Articles 4-6, 8, 20: Modification of Open Space Requirements November 1, 2017 Page 2 Lands in the FR rand RE District are not likely to be served with centralized public water and sewer facilities. The intent of the RE Rural Estate District is to provide a transitional area between the FR District and other more intense land utilization districts. However, the RE District will generally maintain the same types of land uses permitted in the FR District. The primary difference between the two districts is that the RE District permits the creation and use of smaller lots than the FR District. When land is divided into lots in the FR and RE Districts, open space area is required to be established in accordance with the standards of Sections AA and In order to preserve natural features and to provide design flexibility in the FR and RE Districts, cluster development shall be permitted as described in Article 8. It is the intent of the Township to retain property values and continued investment in land, and recognizes that updated dimensional zoning regulations create a situation in which previously approved parcels can no longer meet the Ordinance standards for minimum lot size. It is not the intent of the Township to create nonconforming parcels; therefore, Tyrone Township recognizes that parcels and lots created prior to (date of adoption) with an associated open space were permitted based on the zoning regulations in effect at the time of their creation, and shall be henceforth be considered in accordance with Article 26.10, Open Space Dependent Properties. ARTICLE 5 R-1 SINGLE FAMILY RESIDENTIAL DISTRICT SECTION 5.00 INTENT In general, the R-1 single family zoning districts will occupy land areas deemed acceptable for medium density residential uses by the soils suitability analysis performed in concert with the Tyrone Township Master Plan. The intent of this district is to establish and preserve single family home neighborhoods free from other uses, except those which are normal accessory, compatible, and supportive uses convenient to the residents of such a district. The district will provide a transition from strictly agricultural use areas to suburbanized residential uses. The provision of public sewer and water is not expected in the foreseeable future. When land is divided into lots in the R-1 District, open space area is required to be established in accordance with the standards of Sections AA and In order to preserve natural features and to provide design flexibility in the R-1 District, cluster development shall be permitted as described in Article 8. It is the intent of the Township to retain property values and continued investment in land, and recognizes that updated dimensional zoning regulations create a situation in which previously approved parcels can no longer meet the Ordinance standards for minimum lot size. It is not the intent of the Township to create nonconforming parcels; therefore, Tyrone Township recognizes that parcels and lots created prior to (date of adoption) with an associated open space were permitted based on the zoning

14 Z-40-17: Tyrone Township Amendments to Articles 4-6, 8, 20: Modification of Open Space Requirements November 1, 2017 Page 3 regulations in effect at the time of their creation, and shall be henceforth be considered in accordance with Article 26.10, Open Space Dependent Properties. ARTICLE 6 R-2 SINGLE FAMILY RESIDENTIAL DISTRICT SECTION 6.00 INTENT The intent of the R-2 district is the same as in the R-1 district, except that the district is intended for areas served with public sewer and water, or locations adjacent to urbanizing centers in which public sewer and water is expected in the foreseeable future. When land is divided into lots in the R-2 District, open space area is required to be established in accordance with the standards of Sections AA and In order to preserve natural features and to provide design flexibility in the R-2 District, cluster development shall be permitted as described in Article 8. It is the intent of the Township to retain property values and continued investment in land, and recognizes that updated dimensional zoning regulations create a situation in which previously approved parcels can no longer meet the Ordinance standards for minimum lot size. It is not the intent of the Township to create nonconforming parcels; therefore, Tyrone Township recognizes that parcels and lots created prior to (date of adoption) with an associated open space were permitted based on the zoning regulations in effect at the time of their creation, and shall be henceforth be considered in accordance with Article 26.10, Open Space Dependent Properties. ARTICLE 8 OPEN SPACE PRESERVATION (OSP) OPTION SECTION 8.00 INTENT The intent of open space development is to provide a procedure for residential development that will result in concentrated and enhanced living environments OSP development can permit more economical residential development and encourage a variety of architectural types and styles for residential dwellings. It will provide a basis for ingenuity and originality in residential lot and street design and development and will preserve open space to serve recreational, scenic, and public service purposes. The provisions have been modified in compliance with Public Act 177 of the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended. SECTION 8.02 CLUSTER DEVELOPMENT OPTION Section 8.02(A) Reserved. Minimum Land Area Required. The minimum land area required for the cluster development shall be ten (10) acres.

15 Z-40-17: Tyrone Township Amendments to Articles 4-6, 8, 20: Modification of Open Space Requirements November 1, 2017 Page 4 Section 8.02(D) Sanitary Sewer Required in R2 and LK-1ments 1. RE and R-1 Zoning Districts. Cluster development will only be permitted when community septic systems or public sanitary sewer systems are available to service all lots at the reduced lot size R-2 and LK-1 Zoning Districts. Within R-2 districts, single family detached residential dwellings and two-family attached residential dwellings may be permitted. Sanitary sewer service must be available for any development utilizing cluster development in the R-2 and LK 1 Districts. In the event that sanitary sewer is not available to service proposed dwellings in an R-2 or LK-1 District, cluster development shall not be allowed for those dwellings. Section 8.02(E) Modification of Requirements. Modification of lot area, width and yard setback requirements. 1. Lots may be reduced in area below the lot size required by the residential zoning district in which the subdivision is located. Lot area reductions may be up to sixty (60) percent in the FR and RE Districts, and approximately twenty-five (25) fifty (50) percent in the FR, RE, R-1, R-2, and LK-1 Districts according to the following schedule: Zoning District FR RE R-1 Minimum Lot Area in Zoning District 3 acres 2 acres 1.75 acres 60,000 ft2 1 acre 30,000 ft2 R-2 21,780 sq. ft.ft2 Proposed Minimum Lot Area with Cluster Option 1.5 acres *1 acre.875 acres 30,000 ft2.5 acres 22,500 ft2 10,890 sq. ft. 16,500 ft2 Minimum Open Space Required per Proposed Lot with Cluster Option 1.5 acres.875 acres.5 acres 10,890 sq. ft. LK-1 21,780 sq. ft. ft2 10,890 sq. ft. 16,500 ft2 10,890 sq. ft. * Permitted only when a conventional septic system or public sanitary sewer system is available to service all resulting lots at this reduced size.

16 Z-40-17: Tyrone Township Amendments to Articles 4-6, 8, 20: Modification of Open Space Requirements November 1, 2017 Page 5 2. All land remaining after lot area reductions shall be compensated for by at least an equivalent amount of land in additional open space to be preserved and maintained in perpetuity for its scenic value or for recreation and conservation purposes. Such open space shall be protected to remain as open space by a conservation easement, plat dedication, restrictive covenant, or other legal mechanism that runs with ownership of the land. SECTION 8.03 OPEN SPACE PRESERVATION DESIGN STANDARDS Open space preservation areas shall be provided in compliance with the provisions of Section All open space areas preserved under these provisions must meet the requirements of the Township Zoning Act Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended. In particular, open space areas must be preserved in an undeveloped state as defined in the Township Zoning Act Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended, which excludes golf course development on open space preserved by these provisions. ARTICLE 20 SCHEDULE OF REGULATIONS SECTION SCHEDULE OF REGULATIONS SECTION (Table) District FR RE R-1 Minimum 3-acres 1.75 acres (NOTE: = 76,230 sq. ft.) 1 acre (NOTE: 43,560 sq. ft.) Site and Lot 2-acres 60,000 sq. ft. 30,000 sq. ft. Area SECTION FOOTNOTES TO SCHEDULE OF REGULATIONS The descriptive elements contained herein are referenced as footnotes in the table of Schedule of Regulations, Section Footnotes: Footnote AA. Reserved. For every lot created in the FR, RE, R-1, and R-2 Districts, a designated open space area shall be permanently established consistent with the requirements in Section The required open space area shall be in addition to any developable area and shall be equal to one half (1/2) of the developable area for each lot, parcel, or condominium unit. The developable area must satisfy the minimum area requirements of the zoning district. The following equation shall yield the minimum required open space area:

17 Z-40-17: Tyrone Township Amendments to Articles 4-6, 8, 20: Modification of Open Space Requirements November 1, 2017 Page 6 Developable Area / 2 = Minimum Required Open Space Area The required open space must be located within the boundaries of the newly created lot, parcel, or condominium unit. However, the Planning Commission may allow the required permanent open space to be transferred from the newly created parcel to the parent parcel or other created parcels(s) for reasons consistent with the open space concept. The property owner shall provide necessary assurances and mechanisms to insure that the open shall remain limited to open space uses, as defined herein, in perpetuity through a binding legal instrument. Such binding legal instrument may be a deed restriction to run with the land to forever prohibit the development of the land for any purpose other than for an open space use. Where new parcels or lots are proposed to be created adjacent to areas of previously designated permanent open space, the new open space dedications should be contiguous to the previously established open space and may not include any previously designated open space area. STAFF COMMENTS: According to correspondence with the Township Planning Commission Chair, the township is proposing to eliminate the current requirement that open space be created and preserved when land divisions occur in single family residential districts. Instead Tyrone Township proposes increasing the minimum lot area requirement for most of the districts. Related to this proposal, the Township s contracted Planner performed an extensive spatial analysis and review on two of the Township s zoning districts. Background: According to the correspondence between Planning Staff and the Township Planning Commission Chair, the township has continued to receive complaints from residents doing, or wanting to do land divisions, claiming the required open space in the zoning ordinance is a taking of property. When the township then looked at how the open space was being used, and if it truly was being used for buffering or true open space to maintain a rural character, they found that this was not consistently successful. Finally, when the township then looked at their minimum lot area requirements they identified a few concerns. (1) Land divisions in the FR zoning district were almost always done to result in 2 acre lots, the minimum area required. The township requires a minimum of 3 acres to have animal unit rights, so a land division in FR really changed the intended farming residential atmosphere to an R-1 single family residential setting. If township increased the minimum lot area to 3 acres, a divided 10 acre parcel results in the same number of created lots, they are simply larger, with animal units, so one could argue this better preserves the developmental intent. (2) For the R-1 zoning district, the township determined, with their typically poor soils (from a perk point of view) lots under 1 (one) acre were difficult or impossible to build on due to the required primary and reserve septic field areas. While much of R-1 is built out, the township decided that they should protect future lot development by ensuring the lots created were buildable without a public sewer connection, since the undeveloped R-1 parcels are not within the township s sewer district. (3) For the RE zoning district, the township increased the minimum lot size by 0.25 acre to better accommodate significant natural features found on many of the parcels rather than continue with an open space requirement that was largely not achieving the intended goal of buffering.

18 Z-40-17: Tyrone Township Amendments to Articles 4-6, 8, 20: Modification of Open Space Requirements November 1, 2017 Page 7 TOWNSHIP ELIMINATION OF OPEN SPACE REQUIREMENTS ANALYSIS: ZONING DISTRICT CURRENT CONDITIONS RECOMMENDATION Minimum lot size is 2 acres. Minimum lot size of 3 acres. FR Farming Residential Open space amounting to 50% of the newly created lot(s) is required. 2 acre minimum does not permit animal units in FR, an interesting conflict with the current zoning regulations which results in the creation of FR lots that cannot be permitted to hold farm animals. No requirement for open space. Lots created now compatible with minimum animal unit lot size requirements. Number of conforming lots that would become nonconforming is minimal. RE Rural Estates Residential Minimum lot size is 60,000 square feet (just under 1.5 acres). Open space amounting to 50% of the newly created lot(s) is required. Large number of parcels of sufficient size remain that can be divided. 94.5% of all RE parcels (4,226 of 4,472) are greater than 1.75 acres Minimum lot size of 1.75 acres. Eliminate space requirement. Many of the remaining parcels have natural features which should be preserved or the land is otherwise unusable. Increasing the minimum lot size will accommodate these needs or conditions. Increasing the minimum lot size will result in approximately 246 parcels (5.5%) becoming nonconforming. Minimum lot size is 30,000 square feet. 41% of existing R-1 lots are less than 30,000 square feet Several large parcels remain which could be split. Minimum lot size of 1 acre better address the space needed for a primary and reserve septic field given Tyrone Township's generally poor soil conditions. Eliminate open space requirement. R-1 Residential Increasing the minimum lot size would result in nearly 78% of the existing parcels being nonconforming. Language will be included to establish these lots as "conforming" as long as they were legally created under prior lot area standards.

19 Z-40-17: Tyrone Township Amendments to Articles 4-6, 8, 20: Modification of Open Space Requirements November 1, 2017 Page 8 ZONING DISTRICT CURRENT CONDITIONS RECOMMENDATION Minimum lot size is 21,780 square feet (1/2 acre). District is made up of 3 large parcels. Two northeast parcels totaling 93.1 acres under consent judgement and operating as El-Extractive Industrial: Rezone the two north east parcels to R-1 (1 acre minimum) to address septic field concerns. No open space requirement. Results in developed density more compatible with existing adjacent uses. R-2 Residential Fenton Sand and Gravel. Parcel to west containing old truck road (portion east of Hartland Road). Lots abut R-1 to the north and south (subdivisions), and RE to the east and west (developed): One south parcel containing Cider Mill Crossing, under a consent judgement and operating as an MHP district. Encourage CDO or PUD development due to topography constraints: Topography and other existing features will occupy the required open space. If developed as a subdivision the area will need common areas. Retain underlying R-2 zoning for south parcel. Nothing will change in foreseeable future. No open space is currently required. No changes. LK-1 Lake Front Single Family Minimum lot size for new development is 0.5 acres. Available undeveloped. Lots or parcels are small in size and therefore do not warrant open space being required. OSP OpenSpace Preservation Option Antiquated requirements Update to comply with the State of Michigan CDO Cluster Development Option requirements. Subsequent to a GIS spatial analysis and review conducted by the township planning commission and township planner, the township determined that the proposed changes would result in the following outcomes: a. For the FR District: Farming residential district, the minimum lot size would be 3 acres, which is the minimum lot size to result in animal units being allocated. This better aligns the FR district with its intent farming, or farming related activities, versus the current trend, which is to divide FR parcels into two acre lots having no animal units.

20 Z-40-17: Tyrone Township Amendments to Articles 4-6, 8, 20: Modification of Open Space Requirements November 1, 2017 Page 9 b. For the R-1 District: Low density single family residential district, the minimum lot size would increase to 1 acre. Due to the poor soils found throughout our R-1 designated areas, it is often difficult or not possible to establish acceptable primary and reserve septic field areas on lots smaller than 1 acre. The majority of R-1 lots do not have access to sewer services. c. For the R-2 District: Medium density single family residential district parcels currently being used by the Fenton Sand and Gravel operation under a consent judgement those parcels would be rezoned to R-1 under the same logic as item (b) above. This also better aligns these parcels with the densities currently existing on adjacent land to the east, south, and west. d. Lots that are currently conforming, but that would become nonconforming as a result of these changes, would be established as conforming lots under prior development standards. As long as the lots were legally created, they would be grandfathered and not adversely affected by the new minimum lot area requirements. e. Lots created that have open space tied to them, could have the open space vacated or abandoned, as long as the property owner can demonstrate to the Township s satisfaction they have identified a legal mechanism to take such action. Tyrone Township is currently not aware if such action could be legally taken, and they have no intent to pursue research on this matter. STAFF COMMENT: For items d and e above, refer also to Livingston County Planning Case Z Township Recommendation: Approval. The Tyrone Township Planning Commission recommended Approval of the text amendments at their October 10, 2017 meeting. There were no public comments. Staff Recommendation: Approval. Staff acknowledges that through this long and laborious process, the township planning commission took every effort to protect both the value of resident s property as well as the intent of the township s open space preservation ideal. Considering the many variables that have the capability of affecting the outcome of such a process, both positive and negative, it appears that the proposed text amendments are the most reasonable and appropriate approach the township could utilize in order to accomplish its goals in this regard.

21 Livingston County Department of Planning M E M O R A N D U M TO: Livingston County Planning Commissioners and the Tyrone Township Board of Trustees Kathleen J. Kline-Hudson AICP, PEM Director FROM: Robert Stanford, Principal Planner DATE: November 1, 2017 SUBJECT: Z Amendments to Zoning Ordinance Articles - Robert A. Stanford AICP, PEM Principal Planner ARTICLE 23: SITE PLAN REVIEW AND IMPACT ASSESSMENT SECTION 23.02R: Site Plan Information, Registered Designer Required Scott Barb PEM Principal Planner The Tyrone Township Planning Commission proposes to amend ARTICLE 23: SITE PLAN REVIEW AND IMPACT ASSESSMENT, SECTION 23.02R: Site Plan Information, Registered Designer Required of the township zoning ordinance, regarding revisions to the licensed designer requirement for site plan submission provisions. NOTE: When existing (current) text are utilized in this review for illustrative purposes, additions (or newly proposed text) are noted in underlined bold font while deletions to existing text are noted in strikethrough font (Times New Roman). Planning Staff comments are noted in bold italic underline fashion (Arial). Tyrone Township proposes to add the following language to its township zoning ordinance regarding licensed designer requirements: Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site co.livingston.mi.us ARTICLE 23 SITE PLAN REVIEW AND IMPACT ASSESSMENT SECTION SITE PLAN INFORMATION Section R Site Plan Information, Registered Designer Required Registered Licensed Designer Required. The seal of one of the following professionals registered in the State of Michigan: Registered Architect, Registered Civil Engineer, Registered Landscape Architect, or Registered Professional Community Planner. Architectural plans of buildings shall be prepared by and bear the seal of a Registered Architect. Engineering drawings, engineering estimates and associated cost estimates shall contain the signature and/or seal of a registered Civil engineer. Drawings, calculations, estimates, plans, and other information required on a site plan shall be physically or electronically signed and sealed by a

22 Z-41-17: Tyrone Township Amendment to Section R: Site Plan Information, Registered Designer Required November 1, 2017 Page 2 professional licensed by the State of Michigan who is qualified to certify the information in accordance with Michigan P.A. 178 of 2013, as amended. Professionals licensed by the State of Michigan include Architects, Landscape Architects, Professional Engineers, and Professional Surveyors. The Planning Commission may require the physical or electronic seal and signature of a specific profession based on the nature and context of the design. STAFF COMMENT: Perhaps this is simply an oversight, however, if the amended text as presented is correct, as intended, then Staff would recommend that the title of the Section be revised as well, utilizing the preferred term, Licensed (as reflected in the updated text of the provision), rather than the previously accepted term Registered for compliance and consistency. STAFF COMMENT: This updated amended text is designed to ensure that the Township is: In compliance with the recent Michigan statute (PA 178 of 2013, MCL ) which requires local municipalities accept electronic signatures and electronically transmitted documents. To clarify the definition of a registered designer. To specify that a registered designer must be in good standing with the State of Michigan. Better describe which types of designers may prepare materials for different types of applications. In addition, the township has also concurrently proposed equivalent changes to their regulatory Land Division ordinance (General Law Ordinance). Township Recommendation: Approval. The Tyrone Township Planning Commission recommended Approval of the text amendments at their October 10, 2017 meeting. There were no public comments. Staff Recommendation: Approval With Conditions. Staff recommends Approval With Conditions, conditions being that the Township replace the previously accepted term Registered with the preferred term Licensed in the title of the Section for compliance and consistency.

23 Livingston County Department of Planning M E M O R A N D U M TO: Livingston County Planning Commissioners and the Tyrone Township Board of Trustees Kathleen J. Kline-Hudson AICP, PEM Director FROM: Robert Stanford, Principal Planner DATE: November 1, 2017 SUBJECT: Z Amendments to Zoning Ordinance Articles - Robert A. Stanford AICP, PEM Principal Planner ARTICLE 21: SUPPLEMENTAL DISTRICT REGULATIONS SECTION 21.43: Condominium Development Standards and Site Plan Review Scott Barb PEM Principal Planner The Tyrone Township Planning Commission proposes to amend ARTICLE 21: SUPPLEMENTAL DISTRICT REGULATIONS, SECTION 21.43: Condominium Development Standards and Site Plan Review of the township zoning ordinance. NOTE: When existing (current) text are utilized in this review for illustrative purposes, additions (or newly proposed text) are noted in underlined bold font while deletions to existing text are noted in strikethrough font (Times New Roman). Planning Staff comments are noted in bold italic underline fashion (Arial). Tyrone Township proposes to add the following language to its township zoning ordinance regarding condominium development standards and site plan review: Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site co.livingston.mi.us ARTICLE 21 SECTION SUPPLEMENTAL DISTRICT REGULATIONS Condominium Development Standards and Site Plan Review The intent of this Section is to provide regulatory standards for condominiums and site condominiums similar to those required for projects developed under other forms of ownership., in accordance with the Michigan Condominium Act, Act 59 of 1978, as amended. This article is not intended to prohibit or discourage development of condominium projects. STAFF COMMENTS: According to correspondence supplied by the Township regarding the proposed amendment, the Planning Commission proposed the amendment of to directly reference the State of Michigan act that gives local municipalities the ability to regulate condominium developments, P.A. 59 of 1978, as amended. The amendment is for reference

24 Z-42-17: Tyrone Township SECTION Condominium Development Standards and Site Plan Review November 1, 2017 Page 2 only and does not change any development requirements for site condominiums, as the regulations are in line with the State act. Township Recommendation: Approval. The Tyrone Township Planning Commission recommended Approval of the text amendments at their October 10, 2017 meeting. There were no public comments. Staff Recommendation: Approval. The proposed amendment is reasonable and appropriate.

25 Livingston County Department of Planning M E M O R A N D U M TO: Livingston County Planning Commissioners and the Tyrone Township Board of Trustees Kathleen J. Kline-Hudson AICP, PEM Director FROM: Robert Stanford, Principal Planner DATE: November 1, 2017 SUBJECT: Z Amendments to Zoning Ordinance Articles - Robert A. Stanford AICP, PEM Principal Planner ARTICLE 22: SPECIAL LAND USES SECTION 22.05C: Cemeteries Scott Barb PEM Principal Planner The Tyrone Township Planning Commission proposes to amend Article 22: Special Land Uses, Section 22.05(C): Cemeteries of the township zoning ordinance, regarding revisions to cemetery access, setbacks and fencing provisions. NOTE: When existing (current) text are utilized in this review for illustrative purposes, additions (or newly proposed text) are noted in underlined bold font while deletions to existing text are noted in strikethrough font (Times New Roman). Planning Staff comments are noted in bold italic underline fashion (Arial). Tyrone Township proposes to add the following language to its township zoning ordinance regarding cemeteries: C. Cemeteries. Cemeteries, public or private, are subject to the following conditions: Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site co.livingston.mi.us 4. Access Placement and Number of Access Locations. The location and number of ingress and egress driveways shall be designed in accordance with Section Access Management of the Tyrone Township Zoning Ordinance and subject to the requirements and recommendations of the regulatory body responsible for the road from which access is planned. Cemeteries shall have two (2) access drives spaced at least two hundred (200) feet apart along the public road frontage. 5. Internal Road Design. a. Roads must be constructed with a 6 sand base and 7 of 21AA aggregate in accordance with Livingston County Road Commission standards. The roads must also be designed to meet

26 Z-43-17: Tyrone Township Amendment to Section C: Cemeteries November 1, 2017 Page 2 6. Setbacks. the slope, drainage system, and other applicable standards for private roadway design as specified by the Livingston County Road Commission. b. Roads should be designed as a looped system to allow for forward travel from entry to exit. The design of the internal road system shall be approved by the Township. c. Ingress/egress driveway must utilize a boulevard design for a distance of at least 150 feet from the road right-of-way to separate traffic and allow for simultaneous entry and exit of processions. The boulevard must also comply with the design and construction standards in Section F.2, Boulevard Entrance Standards, with the exception of the concrete curb requirement for boulevard islands. d. Road Width. i. One-way Roads. Roads designed for, intended for, and posted (with signage) for vehicular travel in a single direction must provide a paved or gravel surface of at least 18 feet in width to accommodate a moving vehicle and informal parking simultaneously. ii. Other Roads. Roads intended for multi-directional travel must provide a paved or gravel surface of at least 24 feet in width to accommodate two moving vehicles and one parked vehicle simultaneously. a. Any building, structure, monument, or similar structures larger than six (6) feet in height, width, or length must be located more than one-hundred (100) feet from any property line. b. Monuments, markers, grave sites, and other elements customarily associated with a cemetery, regardless of placement above or below ground, must be set back from property lines with respect to the defined front, side, and rear setbacks for the zoning district. c. All structures and grave sites must be set back from the internal road system by a minimum of 10 feet.