Livingston County Department of Planning
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1 Livingston County Department of Planning LIVINGSTON COUNTY PLANNING COMMISSION MEETING Wednesday, July 19, :30 p.m. Administration Building, Board of Commissioners Chambers 304 East Grand River, Howell, MI Kathleen J. Kline-Hudson Director Agenda Robert A. Stanford Principal Planner Scott Barb Principal Planner 1. Call To Order 2. Pledge of Allegiance 3. Roll and Introduction of Guests 4. Approval of Agenda July 19, Approval of Meeting Minutes June 21, Call to the Public 7. Zoning Reviews a. MP Deerfield Township, Master Plan Amendment b. Z Putnam Township, Zoning Ordinance Amendment, Article III General Provisions, Section Nonconforming Lots, Uses or Structures c. PA Deerfield Township, Farmland and Open Space Agreement, Section 16, Acres, Keith and Kimberly Porath Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site co.livingston.mi.us 8. Old Business a. Progress on visits to local Planning Commission meetings b. MSU Extension Citizen Planner Series 9. New Business a. City of Brighton Master Plan Correspondence 10. Reports a. County Planning Staff Report 11. Commissioners Heard and Call to the Public 12. Adjournment
2 LIVINGSTON COUNTY PLANNING COMMISSION MEETING MINUTES DRAFT June 21, :30 p.m. 304 E. Grand River Ave., Howell, Michigan PLANNING COMMISSION COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: STAFF PRESENT: OTHERS PRESENT: BRIAN PROKUDA LAURA ABRAMSON JAMES SPARKS JEANNE CLUM, MIKE HUBERT KATHLEEN KLINE-HUDSON SCOTT BARB BILL CALL, HANDY TOWNSHIP SYLVIA KENNEDY-CARRASCO BILL ANDERSON 1. CALL TO ORDER: Meeting was called to order by Commissioner Prokuda at 6:30 PM. 2. PLEDGE OF ALLEGIANCE 3. ROLL AND INTRODUCTION OF GUESTS: None. 4. APPROVAL OF AGENDA Commissioner Action: IT WAS MOVED BY COMMISSIONER ANDERSON TO APPROVE THE AGENDA AS AMENDED DATED JUNE 21, 2017, SECONDED BY COMMISSIONER KENNEDY-CARRASCO. All in favor, motion passed. 5. APPROVAL OF MINUTES Commissioner Action: IT WAS MOVED BY COMMISSIONER ANDERSON TO APPROVE THE MINUTES OF THE PLANNING COMMISSION MEETING DATED MAY 17, 2017, SECONDED BY COMMISSIONER KENNEDY-CARRASCO. All in favor, motion passed. 6. CALL TO THE PUBLIC: None.
3 LIVINGSTON COUNTY PLANNING COMMISSION PAGE 2 DRAFT - MINUTES OF MEETING JUNE 21, ZONING REVIEWS: A. Z-14-17: HAMBURG TOWNSHIP, ZONING ORDINANCE AMENDMENTS - Chapter 8 Supplementary Provisions, Section 8.29 Agricultural Commercial/Tourism Businesses and Article 2 Definitions. The Hamburg Township Planning Commission proposes to create comprehensive agricultural tourism ordinance language applicable to the large lot residential districts in Hamburg Township (RAA/2 Acres and CE/5 Acres). The Hamburg Township Planning and Zoning Director states that this proposed language allows agricultural commercial/tourism uses while mitigating the negative effects such as noise and the invasion of privacy on the surrounding area. The intent of these revisions is to allow agricultural commercial/tourism uses within zoning districts instead of granting approval of these uses on certain properties in a more piecemeal fashion. Township Planning Commission Recommendation: Approval. The Hamburg Township Planning Commission recommended Approval of the text amendment at their May 17, 2017 meeting, with the following amendments: 1.) (3) revise 200 foot buffer to 50 feet; 2.) (6) add the word surrounding; 3.) add in Michigan or to Article 2.00 definition of Locally Grown Produce. These recommended amendments were made to copy submitted to County Planning. Draft minutes of the meeting and public hearing reflect no public comments other than discussion with a resident who is proposing an agri-tourism use. Staff Recommendation: Approval. The proposed Zoning Ordinance revisions are reasonable and appropriate and provide an innovative approach to allowing agricultural commercial/ tourism uses in Hamburg Township. Commission Discussion: None. Public Comment: None. Commissioner Action: Commissioner Action: Commissioner Action: IT WAS MOVED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL. SECONDED BY COMMISSIONER ABRAMSON. Motion passed: 5-0 B. Z-15-17: HAMBURG TOWNSHIP, ZONING ORDINANCE AMENDMENTS - Chapter 8 Supplementary Provisions, Section 8.8 Division of Lots in Recorded Plats and Division of Unplatted Parcels and Article 11, Section 11.7 Nonconforming Lots of Record The Hamburg Township Planning Commission proposes to revise and streamline the process required for Land Divisions, Combinations, and Boundary Adjustments in Article 8, Section 8.8 of the Township Zoning Ordinance. The Hamburg Township Planning and Zoning Director notes that all meets and bounds land divisions currently go before the Hamburg Township Planning Commission for approval, and all platted parcels go before the Township Board, which can add weeks to the approval process. Additionally, He states that the required application process for land divisions should be handled by the Hamburg Township Assessing Department instead of the Zoning Department; which is the procedure in most municipalities because the Assessing Department works with new parcel numbers and records the number of splits that have been done in the past. With these considerations in mind, he recommends that the land division language be removed from the Hamburg Township Zoning Ordinance and placed in a general law ordinance.
4 LIVINGSTON COUNTY PLANNING COMMISSION PAGE 3 DRAFT - MINUTES OF MEETING JUNE 21, 2017 Township Planning Commission Recommendation: Approval. The Hamburg Township Planning Commission recommended Approval of the text amendment at their May 17, 2017 meeting. Draft minutes of the meeting and public hearing do not reflect any public comment. Staff Recommendation: Approval. The proposed Zoning Ordinance revisions are reasonable and appropriate. County Planning Staff recommends that the proposed revisions be reviewed by Township legal counsel, if this has not already occurred. Commission Discussion: None. Public Comment: None. Commissioner Action: Commissioner Action: IT WAS MOVED BY COMMISSIONER SPARKS TO RECOMMEND APPROVAL. SECONDED BY COMMISSIONER ANDERSON. Motion passed: 5-0 C. Z-16-17: HANDY TOWNSHIP, ZONING ORDINANCE AMENDMENTS - Chapter 16 Special Uses, Section 16.6XX Medical Marijuana. The Handy Township Planning Commission is proposing to amend the Township Zoning Ordinance by deleting several sections of the Ordinance that permit and/or regulate medical marihuana within the Township. Township Planning Commission Recommendation: Approval. There were no comments at the May 25, 2017 public hearing on the proposed text amendment. Staff Recommendation: Approval. The proposed text amendments are compatible with the Handy Township Ordinance. Commission Discussion: None. Public Comment: None. Commissioner Action: Commissioner Action: IT WAS MOVED BY COMMISSIONER SPARKS TO RECOMMEND APPROVAL. SECONDED BY COMMISSIONER ANDERSON. Motion passed: 5-0 D. Z-17-17: HANDY TOWNSHIP, ZONING ORDINANCE AMENDMENTS - Chapter 15 Site Development Requirements, Section 15.1 Site Plan Review. The Handy Township Planning Commission is proposing to amend the Township Zoning Ordinance by modifying several chapters of the Ordinance that establish site plan review requirements. Township Planning Commission Recommendation: Approval. There were no comments at the May 25, 2017 public hearing on the proposed text amendment. Staff Recommendation: Approval. The proposed text amendments are compatible with the Handy Township Ordinance. Commission Discussion: Commissioner Sparks asked about the road regulations of Section 2.19 and whether or not these regulations would apply to farm lanes.
5 LIVINGSTON COUNTY PLANNING COMMISSION PAGE 4 DRAFT - MINUTES OF MEETING JUNE 21, 2017 Public Comment: Bill Call, Handy Township Zoning Administrator, stated that these regulations would not apply to a farm lane. He said it was not the Township s intent to require a farmer to have to submit a road construction application in order to use farm lanes to get to their fields. Commissioner Action: Commissioner Action: IT WAS MOVED BY COMMISSIONER KENNEDY-CARRASCO TO RECOMMEND APPROVAL. SECONDED BY COMMISSIONER ABRAMSON. Motion passed: 5-0 E. Z-18-17: COHOCTAH TOWNSHIP, ZONING ORDINANCE AMENDMENTS - Multiple Articles and Sections. The Cohoctah Township Planning Commission proposes to revise several Articles and Sections to its Township zoning ordinance. Township Planning Commission Recommendation: Approval. The Cohoctah Township Planning Commission recommended Approval of the text amendments at their December 1, 2016 meeting. There were no public comments. Staff Recommendation: Approval. The proposed text amendments are reasonable and appropriate. The proposed changes should serve the Township well. Commission Discussion: Commissioner Sparks noted on page 5 of the review that an amendment discussed no selling of any kind in a parking lot and he asked if that affected farmers markets? Public Comment: None. Commissioner Action: Commissioner Action: IT WAS MOVED BY COMMISSIONER KENNEDY-CARRASCO TO RECOMMEND APPROVAL. SECONDED BY COMMISSIONER ANDERSON. Motion passed: 4-1 (Nay - Sparks) F. Z-19-17: GREEN OAK CHARTER TOWNSHIP REZONING - Current Zoning: RF: Residential Farming Proposed Zoning: R-2: Single Family Residential Proponents: Section 17: Green Oak Charter Township (36 parcels) Township Master Plan: The Future Land Use Plan and map of Green Oak Charter Township designates the parcels as Low Density Residential. The Township Master Plan describes this area in the following manner (page 89): Low Density Residential is planned for areas with existing and adjacent low density development. Preservation of rural character and consideration of sensitive natural features are an important part of the low density residential designation. Residential uses, often in conjunction with other similar uses, help preserve the rural character of the Township. The proposed rezoning site also has some parcels that abut the Huron River and are part of the natural river areas designation within the Township Master Plan. Generally, the area four hundred (400) feet from the ordinary high water mark on each side of the Huron River is designated as a river overlay district. The
6 LIVINGSTON COUNTY PLANNING COMMISSION PAGE 5 DRAFT - MINUTES OF MEETING JUNE 21, 2017 regulations include new building setbacks of one hundred twenty-five (125) feet from the river. Most, if not all, of the current lots along the river have already been built on. Based upon the goals and objectives detailed in the Township Master Plan, the proposed rezoning is appropriate. County Comprehensive Plan: The Livingston County Comprehensive Plan designates the site as Residential (page 62). According to the County Comprehensive Plan: Residential areas are located mainly in the southeast quadrant of the county. It is characterized by fairly dense residential, commercial, and to some extent industrial development, although less dense and intense uses are found in cities and villages. New residential developments in these areas should be compact and make the best use of sewer and water where available, and cluster projects should be utilized when appropriate to preserve open space and scenic vistas. Limited commercial and industrial growth is appropriate. We believe the broad Residential designation in the Livingston County Comprehensive Plan is compatible with the proposed rezoning. Township Planning Commission Recommendation: Approval. The Green Oak Charter Township Planning Commission recommended approval of the proposed rezoning at the June 1, 2017 public hearing on this request. Public comments for and against the rezoning are included in the minutes. Staff Recommendation: Approval. Staff would recommend approval of the proposed rezoning from RF Residential Farming to R-2 Residential Single Family. Commission Discussion: None. Public Comment: None. Commissioner Action: Commissioner Action: IT WAS MOVED BY COMMISSIONER ABRAMSON TO RECOMMEND APPROVAL. SECONDED BY COMMISSIONER ANDERSON. Motion passed: 5-0 G. Z-20-17: GREEN OAK CHARTER TOWNSHIP, ZONING ORDINANCE AMENDMENTS - Section 38-1 Definitions and Section Schedule of Regulations. The Green Oak Charter Township Planning Commission proposes to amend Article I. In General, Section 38-1 Definitions and Article III. District Regulations, Section Schedule of area, height and setback regulations and Table Schedule of Village Mixed Use Regulations. Each of these proposed changes is related to Building Height. Building height was identified as a high priority issue in the list of Green Oak Township planning priorities for According to the Township Planning Consultant it has been recognized that the way height is defined and calculated in the ordinance, particularly where there is sloping terrain, makes building design difficult, especially around lakes. Additionally it has been recognized that the specific height limitation on single family homes is inconsistent with typical contemporary home construction. Township Planning Commission Recommendation: Approval. The Green Oak Charter Township Planning Commission recommended Approval of the text amendment at their June 1, 2017 meeting. Minutes of the meeting and public hearing do not reflect any public comment. Staff Recommendation: Approval. The proposed Zoning Ordinance revisions are reasonable and
7 LIVINGSTON COUNTY PLANNING COMMISSION PAGE 6 DRAFT - MINUTES OF MEETING JUNE 21, 2017 appropriate. Commission Discussion: Commissioners briefly discussed the intent of the proposed amendments. Public Comment: None. Commissioner Action: Commissioner Action: IT WAS MOVED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL. SECONDED BY COMMISSIONER ABRAMSON. Motion passed: OLD BUSINESS: a. Progress on Visits to local Planning Commission meetings: Commissioners and Staff described their recent visits to local planning commission meetings. The schedule for July and August was discussed and Commissioners confirmed the meetings they will attend. 9. NEW BUSINESS: None. 10. REPORTS a. County Planning Staff Reports: i. Capital Improvement Plan (CIP) Director Kline-Hudson reported that the CIP was approved by the Board of Commissioners at their June 19 meeting. She said that later in the month there will be a meeting regarding how CIP projects will be ranked for funding in the 2018 budget. ii. iii. iv. Fillmore County Park Grant Kline-Hudson stated that the National Park Service has approved the Land & Water Conservation Fund grant for Fillmore County Park and the County will soon sign the grant agreement with MDNR that will let us proceed with grant activities. Brown Bag Lunch Program Kline-Hudson described how successful the June 7 brown bag lunch panel discussion was, and how the local units of government enjoy learning about new planning and zoning techniques from their colleagues. She said that a local panel discussion should be considered on an annual basis. She distributed a save the date flyer for the September 13 program with SEMCOG on the regional transportation plan. MSU Citizen Planner Series Staff and Commissioners discussed fall scheduling options for hosting this series with MSU Extension. v. Master Plan Revisions Kline-Hudson distributed two corrected pages in the draft County Master Plan and explained the revisions that had been made. 11. COMMISSIONERS HEARD AND CALL TO THE PUBLIC: Commissioner Anderson told of his participation in a recent City of Brighton Master Plan workshop. 12. ADJOURNMENT Commissioner Action: IT WAS MOVED BY COMMISSIONER ANDERSON TO ADJOURN THE MEETING AT 7:28 P.M., SECONDED BY COMMISSIONER SPARKS. All in favor, motion passed.
8 Livingston County Department of Planning M E M O R A N D U M TO: Livingston County Planning Commissioners Kathleen J. Kline-Hudson Director Robert A. Stanford Principal Planner Scott Barb Principal Planner FROM: DATE: July 11, 2017 SUBJECT: Scott Barb, Principal Planner MP Deerfield Township Master Plan Update Livingston County Planning Department received correspondence from the Deerfield Township Planning Commission with an electronic link to the 2017 Deerfield Township Master Plan for Livingston County Planning Commission review and comment in accordance with Section 41 of the Michigan Planning Enabling Act (P.A. 33 of 2008). The 2017 Deerfield Township Master Plan will replace the current 1994 plan. County planning staff reviewed the plan for compatibility with the Livingston County Comprehensive Plan and for potential impacts on Livingston County residents and adjacent communities. Staff s comments are as follows: Chapter 1 Overview No comments. Chapter 2 Planning Issues, Goals and Objectives This chapter of the plan discusses goals and objectives to establish a basis for future land use and public services. Planning issues and goals are divided into the following categories: Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site Growth Management and Public Services guide development in a manner that assures land use patterns are compatible with public facilities. Community Character protect and enhance the character of the township in a way that preserves its rural character. Natural Resources and the Environment preserve the integrity of the township s natural resources. Farming actively encourage the continuation of local farming. Housing maintain a healthy residential environment and preserve the overall rural character of the township. Commercial Services, Industry and Economic Development limited commercial and industrial opportunities that encourage stability. Circulation encourage a safe network that considers vehicular, pedestrian, and other non-motorized modes of transport. Regional Coordination guide development in a way that recognizes Deerfield Township within a larger region. The planning goals and objectives detailed in the 2017 plan are comprehensive and encourage managed growth while emphasizing the rural character of the Township and encouraging preservation of natural resources.
9 Chapter 3 Future Land Use Strategy The future land use strategy is the cornerstone of any master plan. The Deerfield Township Master Plan will designate 5 primary land use categories with the update. They are as follows: Resource Conservation Area: Includes those areas of the Township comprised of wetlands, river and stream corridors, and important public resource areas such as the Oak Grove State Game Area, Lutz Park, and Deerfield Hills Nature Area. Agricultural/Rural Residential Area: This includes three-quarters of the Township and is mostly farmland and farming operations along with scattered large lot residential properties ranging from 2 to ten acres along with open space and woodlands. The intent of this designation is to preserve opportunities for farming and to preserve viable resources. Suburban Residential Area: This occupies portions of the northeast quarter of the Township and includes many of the lake neighborhoods. This designation provides for residential development of a more suburban and urban character than planned at other locations in the Township. Commercial Areas: There are 3 commercial areas established by the future land use strategy that include the Argentine/Faussett Roads Commercial Area, the Argentine/Center Roads Commercial Area, and the Bennett Lake Commercial Area. The commercial areas are intended to provide opportunities for locally oriented commercial services and other retail sales, restaurants, offices, and service providers as needed. Commercial uses should be limited to those that address the day to day needs of the local population. Argentine Road Industrial Area: This area includes the existing land and parcels along Deerfield Industrial Drive near Argentine Road. Uses within this designation are intended to be of a low intensive industrial character such as auto body and engine repair, sheet metal fabrication, and pre-manufactured products. The 2017 Deerfield Township Master Plan is compatible with the neighboring townships of Cohoctah, Oceola, and Tyrone. Genesee County borders the Township to the north (Argentine Township) and no conflicts are seen along this border. The Township s Master Plan has taken into account their borders and has planned carefully to pose minimal impact on neighboring jurisdictions. Chapter 4 Coordinated Public Services Chapter 4 of the Deerfield Township Master Plan discusses the public service strategies that will be coordinated with the planned pattern of land use. Most notably in this chapter is the inclusion of a Complete Streets component that is required as part of the Planning Enabling Act. The township has included a list of policies that will aid in achieving the best and most comprehensive transportation network within their boundary. Some of these policies include maintaining roads in the township that require improvements, exploring a non-motorized plan to connect neighborhoods, and evaluate any new neighborhoods for potential complete streets best practices. Chapter 5 Implementation This chapter of the master plan is intended to provide the basic guidelines and policies for decision making using the goals and objectives of the plan. Emphasis is placed on public support, communications, and community involvement. This chapter also includes a zone plan, which establishes a relationship between the Township Zoning Ordinance and the Township Master Plan.
10 Staff believes the Township has taken great effort to include public involvement in the process. Consideration to each of the Township s boundaries has been carefully master planned to be compatible with neighboring townships and counties. Appendix A-D The Deerfield Township Master Plan concludes with several sections of maps and information including cultural features, environmental features, demographic features, and inventory maps. RECOMMENDATION: That the Livingston County Planning Commission concurs with staff s comments on the 2017 Deerfield Township Master Plan, and submit the foregoing comments to the Deerfield Township Planning Commission.
11 Livingston County Department of Planning M E M O R A N D U M Kathleen J. Kline-Hudson Director Robert A. Stanford Principal Planner Scott Barb Principal Planner TO: FROM: DATE: July 12, 2017 SUBJECT: Livingston County Planning Commission and the Putnam Township Board of Trustees Scott Barb, Principal Planner Z Amendments to Zoning Ordinance: Article 3 General Provisions, Section Nonconforming Lots, Uses or Structures. The Putnam Township Planning Commission is proposing to amend the Township Zoning Ordinance by modifying several subsections of Section that discuss nonconforming lots. Staff reviewed the proposed amendments for accuracy and compatibility with the Township Zoning Ordinance and offers the following summary for your review. Staff comments are written in italics and underlined while changes to the ordinance are written in red. Article 3, Section Nonconforming lots, uses or structures The Township will be amending the following subsections: B (2) Reductions in side yard setbacks for significantly nonconforming lots in the A- O, RR, and RS Districts. Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site (a) Nonconforming due to lot area. In the event that a nonconforming lot of record within the A-O Agriculture Open Space, RR or RS RS-1, RS-2, RS-3 and RR Rural Residential Districts that, on the date of enactment of this chapter, is less than one acre in the minimum lot area required by Section (for A-O) or (for RR and RS), the required minimum side yard setbacks may be reduced as shown in the following table: Table 4: Significantly Nonconforming Lots in the A-O, RR, and RS-1, RS-2, and RS-3 Districts. No side yard may be less than: Area of Nonconforming Lot Side Yard Side Yard (Least side) (Total of Two) Less than 8,500 sq. ft ,500 to less than ½ acre ½ acre to less than 1 acre acre, but less than 3 acres acres or more
12 (a) (b) Nonconforming due to lot width. On a nonconforming lot of record within the A-O Agriculture Open Space, RR Rural Residential or RS-1, RS-2, RS-3, or RS-4 Single Family Residential Districts that, on the date of enactment of this chapter, has a lot width that is 50% or less than the minimum lot width requirement of this the zoning district, the required side yard setbacks may be reduced by the same percentage as the difference between the width of the lot and the required zoning district minimum lot width, provided that no side yard setback shall be less than five feet. In an instance where both the lot area and lot width are nonconforming, the more restrictive side yard setback requirements of (a) and (b) above shall prevail. Staff comments: The changes to this section are intended to clean up and reduce any redundancies regarding nonconforming lots. Township Planning Commission Recommendation: APPROVAL. There were no comments at the June 14, 2017 public hearing. Recommendation: APPROVAL. The changes are reasonable and appropriate.
13 PA 116 APPLICATION Farmland and Open Space Preservation Program FILE NO: CITATION: TOTAL NUMBER OF ACRES ON THIS FARM: ACREAGE IN CULTIVATION/TYPE OF ENTERPRISE: TOWNSHIP: SECTION: APPLICANT NAME(S): APPLICANT ADDRESS: SOIL TYPE(S): SURROUNDING USE: LOCAL MASTER PLAN: PA Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451 as amended, more commonly know as PA acres acres, cash crops Deerfield Township 16 Keith and Kimberly Porath 1385 Pleasant Valley Road Hartland, MI Predominantly Boyer-Oshtemo loamy sands, 0 2 percent slopes Farming and agricultural; single family residential (2017) Agricultural / Rural Residential Area STAFF RECOMMENDATION: LCPC MEETING DATE: APPROVAL July 19, 2017 LIVINGSTON COUNTY PLANNING COMMISSION RECOMMENDATION: APPROVAL DISAPPROVAL OTHER LIVINGSTON COUNTY PLANNING COMMISSION REVIEW Planning Commission Chairperson
14 PA July 19, 2017 EXPLANATION OF HOW THIS APPLICATION MEETS P.A. 116 REQUIREMENTS: This property complies with criteria established by PA 116 because the parcel is 40 acres or larger, and a minimum of 51% of the land is devoted to an agricultural use.
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