Livingston County Department of Planning

Transcription

1 Livingston County Department of Planning LIVINGSTON COUNTY PLANNING COMMISSION MEETING Wednesday, February 21, :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 February 21, Approval of Meeting Minutes January 17, Call to the Public 7. Zoning Reviews a. Z Deerfield Township, Rezoning, A-2 to A-3 in Section 19 b. Z Marion Township, Rezoning, RR to HC in Section 24 c. Z Hamburg Township, Zoning Ordinance Amendment, Article 2.00 Definitions, Article 5.00 Enforcement, and Article 8.00 Supplementary Provisions d. Z Hamburg Township, Zoning Ordinance Amendment, Article 4.00 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 e. MP Rose Township, Oakland County, Master Plan Amendment 8. Old Business 9. New Business 10. Reports a. Distribution of draft Livingston County Planning Department 2018 Work Program a. County Planning Staff Report 11. Commissioners Heard and Call to the Public 12. Adjournment

2 LIVINGSTON COUNTY PLANNING DEPARTMENT ZONING REVIEW CASE NUMBER: Z LOCATION: Deerfield Township, MI SECTION NUMBER: Section 19 TOTAL ACREAGE: acres APPLICANT/OWNER: David and Betty Beach CURRENT ZONING: A-2 (Small Farms/10 acre minimum) REQUESTED ZONING: A-3 (Small Farms/5 acre minimum) PERMITTED USES (Not all inclusive): Agriculture, public or private conservation, single family dwellings, day care and family homes, foster care facilities. PERMITTED/SPECIAL USES (Not all inclusive): Agriculture, public or private conservation, single family dwellings, day care and family homes, foster care facilities. SPECIAL USES (Not all inclusive): Churches, shooting ranges, campgrounds, kennels, vet clinics, day care and group care homes, golf courses and country clubs, private landing strips, bed and breakfasts, home occupations. SPECIAL USES (Not all inclusive): Churches, shooting ranges, campgrounds, kennels, vet clinics, day care and group care homes, golf courses and country clubs, private landing strips, bed and breakfasts, home occupations. MINIMUM LOT AREA: Ten (10) acres. MINIMUM LOT AREA: Five (5) acres. ZONING: LAND USE: TOWNSHIP RECOMMENDATION: ESSENTIAL FACILITIES: The Deerfield Township Planning Commission recommended approval of the proposed rezoning at the January 17, 2018 public hearing. There were no comments at the meeting. SANITARY SEWER: Private septic as needed. WATER SUPPLY: Private wells as needed. ACCESS ROAD(S): Properties will be accessed via Jones Road or Hidden Lake Road.

3 ANALYSIS BY: Scott Barb DATE: February 14, 2018 CASE NUMBER: Z PAGE: 2 EXISTING CONDITIONS: The site proposed for the rezoning request is located in Section 19 of Deerfield Township. Natural Areas: Land Use: Soils: Wetlands: Topography: Vegetation: According to the map "Livingston County's High Quality Natural Areas, there are no high quality natural areas located on the parcel. The existing parcel contains a single family home, barn, and associated features. Hillsdale-Miami loams are the predomination soils on site and are prime farmland soil rated as good for building. Wetlands are identified on the northeast corner of the parcel by DNR maps. The site is predominantly flat. The site is in its natural state; residential lawn surrounded with prime cropland. CURRENT LAND USE, ZONING, AND MASTER PLANNING MATRIX: NORTH N Existing Land Use: Single Family Agriculture Zoning: A-2 Small Farms/10 acre minimum Master Plan: Conservation and Agriculture SUBJECT SITE WEST Existing Land Use: Single Family Large Lot Zoning: Natural Resource District Master Plan: Conservation Area Existing Land Use: Single Family Agriculture Zoning: A-2 Small Farms/10 acre minimum Master Plan: Agriculture and Rural Residential Existing Land Use: Vacant Zoning: A-3 Small Farms/5 acre minimum Master Plan: Agriculture and Rural Residential EAST Existing Land Use: Single Family Agriculture Zoning: General Agriculture District Master Plan: Agriculture and Rural Residential SOUTH

4 ANALYSIS BY: Scott Barb DATE: February 14, 2018 CASE NUMBER: Z PAGE: 3 TOWNSHIP MASTER PLAN: The Future Land Use Map for Deerfield Township designates the subject parcel as an Agricultural and Rural Residential Area. The master plan for the Township states on page 4-6 the following: The Agricultural and Rural Residential Area covers the vast majority of the Township and provides opportunities for continued agricultural use as well as residential development within an open space, rural character setting. An overall, low open spaced development density of one dwelling unit per 2 to 20 acres will be encouraged for dwellings within the Agricultural and Rural Residential Area due to the lack of public sewer and water, the generally poor soils for septic systems in much of the Township, the limited capacity of the predominantly unpaved roadway network, and the public s interest in protecting farmland resources and the rural character of the Township. The rezoning of the subject parcel is compatible with the Township s master plan. The resulting 5 acre parcel will be compliant with the one dwelling unit per 2 to 20 acre criteria as established. COUNTY COMPREHENSIVE PLAN: The Livingston County Comprehensive Plan designates the site as Agriculture/Rural Residential (page 64). According to the County Comprehensive Plan: The county s four western townships and three of the northern ones are primarily agrarian, along with portions of three additional townships. These are areas where agricultural preservation programs should be at an extremely low density per housing unit, but with houses clustered on small lots to preserve viable agricultural land in the resulting open space. Agriculture should be the predominant land use, with non-farm residential uses very limited. The proposed rezoning is compatible with the Livingston County Comprehensive Plan that recommends extremely low density in this primarily agrarian area of the county. COUNTY PLANNING STAFF COMMENTS: The applicant is proposing to rezone acres of land from A-2 (Small Farms/10 acre minimum) to A-3 (Small Farms/5 acre minimum) with the intention of splitting off a 5 acre parcel for building purposes. The Township Master Plan states that rezoning petitions from one agricultural residential zoning district to another should take into consideration 3 factors: prevailing lot sizes and densities in the immediate area, prevailing land use patterns including the presence of agricultural operations and the relative size or acreage of such operations, and the extent areas of the township that exhibit conditions that are supportive of economically viable agriculture such as soils, drainage, and available tillable acreage. The plan continues to state that when rezoning petitions are considered, special consideration should be given that the subject resulting property is surrounded by other parcels of similar zoning that are compatible (page 3-2). The 5 acre parcel that will result from the impending land division is compatible with both the township s master plan and the county master plan and will result in parcels that are similar in size and zoning to adjacent parcels in the immediate area. STAFF RECOMMENDATION: Approval. Staff recommends approval of the proposed rezoning from A-2 (Small Farms/10 acre minimum) to A-3 (Small Farms/5 acre minimum). The resulting parcels are compatible with the Township Master Plan.

5 LIVINGSTON COUNTY PLANNING DEPARTMENT CONDITIONAL REZONING REVIEW CASE NUMBER: Z LOCATION: Marion Township SECTION NUMBER: Section 24 TOTAL ACREAGE: Acres APPLICANT/OWNER: AJR Group/Sally Witkowski CURRENT ZONING: RR Rural Residential District REQUESTED ZONING: HS-Highway Service District with Conditions PERMITTED / SPECIAL USES (Not all inclusive): Permitted: Including but not limited to: Single-family dwellings, agricultural buildings and agricultural operations involving no more than two hundred (200) animal units at a density not to exceed 1.4 animal units per acre, landscape nursery operations, including retail sales of nursery stock grown on the premises, public or private conservation areas, parks, game refuges, and similar uses, family child care homes, adult foster care family homes, accessory buildings. Special: Including but not limited to: Public facilities, campgrounds, cemeteries, child care centers, commercial kennels. MINIMUM LOT AREA: 2 acres PERMITTED / SPECIAL USES (Not all inclusive): Permitted Including but not limited to: Professional offices, medical and dental clinics, standard restaurants, clubs, and other drinking establishments that provide food or drink for consumption on the premises and may also provide dancing and entertainment, automobile dealerships, automobile car washes, convenience stores, indoor commercial recreation facilities such as indoor theaters, bowling alleys, indoor skating rinks, or similar uses, catering, bakeries, monument sales and manufacturing, ministorage facilities, household equipment rentals, wholesale distribution, cabinet making, hardware stores. Special: Including but not limited to: Public facilities, including municipal buildings, schools, libraries, recreational facilities, and similar uses and activities, automobile repair garage and/or fueling/mixed-use station, communication towers, drive-in establishments including but not limited to: drive-in, drive-through, take-out, pickup, and other forms of in-vehicle retail or service establishments including restaurants, financial institutions, dry cleaning businesses, and similar facilities, motels and hotels, open air business uses such as retail sales of plant materials, sale of lawn furniture, playground equipment and garden supplies, outdoor commercial recreation facilities, adult entertainment uses MINIMUM LOT AREA: 1 acre ZONING: LAND USE: TOWNSHIP PLANNING COMMISSION RECOMMENDATION AND PUBLIC COMMENTS: The Marion Township Planning Commission recommended APPROVAL of this Conditional Rezoning at its January 23, 2018 Public Hearing. There were several public comments noted in the meeting minutes both for and against this proposed Conditional Rezoning request. ESSENTIAL FACILITIES: SANITARY SEWER: Would be serviced by private septic. WATER SUPPLY: Would be serviced by private well ACCESS ROAD(S): The site is accessed from Pinckney Road.

6 WEST EAST ANALYSIS BY: Robert Stanford DATE: February 2, 2018 CASE NUMBER: Z PAGE: 2 EXISTING CONDITIONS: The site proposed for the conditional rezoning request is located in Section 24 of Marion Township. Natural Areas: According to the map "Livingston County's High Quality Natural Areas, there are no High Quality Natural Areas located on the subject parcel. Land Use: Soils: Wetlands: Topography: Vegetation: The subject parcel currently has a residence, a large barn and associated agricultural uses Soils on the site consist of Miami loams with 6-12 percent slopes, on the eastern and western portions of the subject site. The central portion of the subject site consists of Brookston loam soils on the northcentral portion and Owosso-Miami sandy loams with 2 to 6 percent slopes, on the south-central portion. According to the National Wetlands Inventory (NWI), there are no wetlands located on the subject site. The topography of the subject parcel is generally flat. The western portion of the subject site, in the general location of the access drive, is wooded with scrub grassland. The remaining portion of the site consists of flat, grassy open areas. The entire subject parcel is bordered on three sides by wooded areas. CURRENT LAND USE, ZONING, AND MASTER PLANNING MATRIX: The graphic below provides a general overview of the existing uses, zoning and future land use designations of the subject site and the immediately adjacent parcels. NORTH N Existing Land Use: Single Family Residential Zoning: RR Rural Residential Master Plan: Low Density Residential (2 ac.) Existing Land Use: D-19/Pinckney Road, Ag and Single Family Residential Zoning: RR Rural Residential Master Plan: Low Density Residential (2 ac.) SUBJECT SITE Existing Land Use: Residential Zoning: RR- Rural Residential Master Plan: Low Density Residential (2 ac.) Existing Land Use: Single Family Residential, Ag Zoning: RR Rural Residential Master Plan: Low Density Residential (2 ac.) Existing Land Use: Woodland and Wetlands / Open Space Zoning: RR Rural Residential Master Plan: Low Density Residential (2 ac.) SOUTH

7 ANALYSIS BY: Robert Stanford DATE: February 2, 2018 CASE NUMBER: Z PAGE: 3 TOWNSHIP MASTER PLAN: The Future Land Use plan and map of Marion Township designates the site as Low Density Residential (LDR). Township Master Plan describes this area in the following manner (p. 77): The The intent of the Low Density Residential future land use category is to preserve land area suitable for large-lot residential and agricultural land use, and to protect the rural character of the Township. Much of this land area is currently farmed or it contains single family residences on large lots that are served by septic sewage disposal and gravel roadway. This land use designation also includes large expanses of privately owned recreational resources. LDR designated lands are the least capable of supporting development and community water and sewer services, due to soil conditions, high water table and other environmental issues that impact development and infrastructure. The 15,186 acres of land in the Low Density Residential category comprises most of the southern 2/3 of the Township. The Low Density Residential land use designation is the largest future land use category in the Township. Development densities within the Low Density Residential category should not exceed 1 dwelling unit per 2 acres in order to insure safe septic disposal and to minimize developmental impacts on existing open space, recreational and agricultural lands as well as adjoining conservation lands. This future land use designation corresponds to the RR Rural Residential District of the Marion Township Zoning Ordinance. COUNTY COMPREHENSIVE PLAN: The Livingston County Comprehensive Plan designates the site Transitional Residential. According to the County Comprehensive Plan (page 63-64): 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 the Transitional Residential area 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, in order to keep residential development surrounded by plenty of open space or agricultural land at low to moderate overall densities. Public sewer and water are already present in some Transitional Residential areas, but should not be extended further into them, in order to focus higher density development in more appropriate Residential, City/Village, Settlement, and Primary Growth areas. This will help keep the remaining farmland viable while still allowing some residential growth. COUNTY PLANNING STAFF COMMENTS: Background The applicant is requesting a conditional rezoning of a parcel that is currently zoned RR-Rural Residential. The desired zoning is HS-Highway Service Commercial. The applicant currently owns a home on an approximately (6) six acre parcel. The applicant also owns more than sixty (60) surrounding acres of woodland, wetland and farmland on a separate parcel. The request for conditional rezoning is in order to facilitate the use of the property as an agri-tourism business consisting of a variety of agriculturally centered activities. To resolve this issue, the applicant is requesting a conditional rezoning to Highway Service Commercial, in which they have offered a number of conditions regarding the agri-tourism business. Timeline of Events Related To this Case October 2015: Township Planning Commission approached by a township resident (not the applicant for this case) regarding developing and adopting ag-tourism regulations. January 2016: Proposed zoning ordinance text amendment regarding ag-tourism initially presented to township Planning Commission for review, comment and revision. Applicant for this proposal attended this meeting according to Planning commission minutes. January-April 2016: Planning Commission continues review, comment and revision of proposed zoning ordinance text amendment regarding ag-tourism. May 2016: Township Planning Commission holds public hearing proposed zoning ordinance text amendment regarding ag-tourism. Proposed amendments sent to Livingston County Planning Commission for review and recommendation.

8 ANALYSIS BY: Robert Stanford DATE: February 2, 2018 CASE NUMBER: Z PAGE: 4 June 2016: Planning Commission continues review, comment and revision of proposed zoning ordinance text amendment regarding ag-tourism. July 2016: Planning Commission discuss a proposed zoning text amendment regarding event barns April 2017: Witkowski s (same applicant for this case) apply for a Special Use Permit (#01-17) for 3111 Pinckney Road under Township Zoning Ordinance, Section 17.33: Agricultural Tourism. The applicant s submittal called out many activities. An event building was shown on the plans. Township Planner recommended that the Planning Commission make a recommendation to the Board of Trustees to interpret the event building in relation to agricultural use of the site. Planning Commission votes to preliminary approval of the Special Use Permit. May 2017: Interpretation of Agri-Business For Witkowski - Marion Township Board of Trustees passes motion to: only allow farm markets, u-pick operation, school visits and classes, equine therapy, and farm tours, not farm-to-table or social events, based on language in the ordinance that final approval, approval with conditions, or denial will be made by the Board of Trustees. Motion passed 4-2. July 2017: Witkowski Ag-tourism Special Use Permit. From minutes, Witkowski s were present to discuss the item. The minutes state that Mrs. Witkowski understood that the SUP would include everything from the original request except the event barn and farm-to-table events. Bob Hanvey said the township board motion removed the more intense uses (farmto-table and event barn) and thought that the text from the ag-tourism section of the ordinance could be used for the site plan. Planning Commission sets new public hearing for August August 2017: Witkowski Ag-tourism Special Use Permit Public Hearing. From the minutes, Witkowski s were present to discuss this item, and to present their ideas and plans for their property located at 3111 Pinckney Road in Howell. They are requesting permits for five different events: Farm Market selling meat using their own livestock and other farm products. U Pick Operations the consumer would pick their own fruits, vegetables, flowers and any other produce offered. Equine Therapy A company called Horses Power People, that is currently training with their son and daughter, would use their farm/facility to run their program. Farm Tours Taking people for tours around the entire farm and property. School Visits and Classes Allowing schools to take field trips to the farm and hold classes at the farm. Planning Commission approved revised application, subject to review by the agencies involved, as prior recommendations were no longer applicable. October 2017: Witkowski Ag-tourism Special Use Permit. Board of Trustees approve the preliminary Special Use Permit for Witkowski for agri-tourism based activities, subject to conditions in the planner s October 1, 2017 review letter, changes made by the township to the draft of the preliminary special use approval, and the required standards that the applicant needs to meet. November 2017: AJR Group (applicant for this case) submits Conditional Rezoning Permit under Highway Service District for parcel in which the event barn is located. Public Hearing set for January Conditions Voluntarily Proposed By Applicant The applicant has submitted a narrative that offers the following conditions in exchange for rezoning the subject site. If approved, the applicant and Township, working through the Township Attorney, will draft an agreement to rezone the parcel subject to the following conditions offered by the applicant (provided in submitted narrative): Condltlons: Proposed use meets the intent of Highway Service: o The Highway Service District (HS) is intended to accommodate retail business and service activities which serve the particular needs of the highway traveler and/or meet the consumer needs of a more regional population than that of Marion Township. o The intent of this District is to provide for retail businesses, personal, and business service establishments and small warehouses developed along major arterial roads in a fashion that minimizes traffic congestion, traffic conflicts, and traffic hazards. All other parcels unchanged and remain ag tourism, rural residential, and agricultural.

9 ANALYSIS BY: Robert Stanford DATE: February 2, 2018 CASE NUMBER: Z PAGE: 5 There will be no new development, grading, clearing, alterations, drives, landscaping, or any changes, including utilities, to the property for the intended commercial use. No on-site preparation of food or meals to be included in any part of the commercial use or application. Keep boundaries of barn parcel as is , Highway Service, allows parking on adjacent premises, and outdoor area is already within the boundaries. Re-zoning is for seasonal, Saturday social events only and therefore will not be required to comply with any regulations cited in the Ordinance regarding and relating to Highway Service Requirements, including but not limited to: o No buffering, screening, or fencing between re-zoned parcel and remaining parcels. o No site requirements to be met. o No Uses by Right in Highway Service to be permitted, as listed in 9.01 B. o No Special Use Activities in Highway Service to be permitted, as listed in 9.01 D. o No taxing of personal property. o Primary use of parcel, 7 days a week, to remain and be residential, agriculture, and ag-tourism. o All residential rights and uses to continue on and be permitted on the re-zoned parcel and not be altered or changed. o All Agricultural rights and uses to continue on and be permitted on the re-zoned parcel and not be altered or changed. o All Ag tourism approved uses, therapy, riding, school trips, farm market, U-pick, farm tours, including the use of the barn, that are permitted on the other parcels, to continue on and be permitted on the re-zoned parcel and not be altered or changed. o Driveway access for entering all other parcels, and their uses, to continue on and be permitted on and not be altered or changed. o Parking lot to remain as is and continue on and be permitted on for ag tourism and residential uses as well as commercial events one day a week. Drive to remain as is. It is 25 feet wide, with one 20 foot wide gate, meeting fire department requirements. Loading and unloading areas and dumpster area are delineated, and dumpster screened. Only Commercial activity permitted will be seasonal, Saturday social events, ending at 10:30. Social events include, but are not limited to, weddings, meetings, parties, etc. Township Criteria For Evaluating Zoning Petitions (per Township Zoning Ordinance - Article XX: Amendments Section 20.05: Rezoning) Criteria for evaluating zoning petitions are contained within Section of the Township Zoning Ordinance. This process establishes the procedures for the Planning Commission to make findings of facts in their recommendation to the Township Board, which is to be based on the evidence presented to them with respect to the following matters: 2) Following the public hearing, the Planning Commission shall identify and evaluate all factors relevant to the application, and shall report its findings in full along with its recommendations for disposition of the application, to the Township Board within a period of sixty (60) days. The matters to be considered by the Planning Commission shall include, but shall not be limited to the following: Township Planner Review a) What, if any, identifiable conditions related to the application have changed which justify the proposed rezoning? b) What is the impact of the rezoning on the ability of the Township and other governmental agencies to provide adequate public services and facilities, and/or programs that might reasonably be required in the future if the proposed rezoning is approved? c) Does the requested rezoning adversely affect environmental conditions, or the value of the surrounding property? d) Can the property in question be put to a reasonable economic use in the zoning district in which it is presently located? The Township s planning consultant reviewed this proposal using the above criteria. With regard to how the petition addresses each of these criteria, and additional related issues (such as essential services, natural features, development potential, etc., the Township planning consultant s resulting comments are as follows:

10 ANALYSIS BY: Robert Stanford DATE: February 2, 2018 CASE NUMBER: Z PAGE: 6 INTENT OF THE PROPOSED AND EXISTING ZONING/PERMITTED USES: Summary Findings: We understand the reasoning behind requesting a conditional rezoning to HS. The Township is limited in its zoning categories that would permit a commercial enterprise as proposed. The use by its very nature and relationship to agriculture is better suited for a more rural area however the uses permitted in the RR do not fit the use proposed. MASTER PLAN Summary Findings: The designation of the parcel as commercial zoning even as conditional would seem out of place along this rural corridor. While the use in question we believe is compatible with the intent and many of the goals in the Master Plan, the future land use designation as commercial is not. SURROUNDING DEVELOPMENT TRENDS The majority of the surrounding area is used and planned for single-family residential uses. It is also zoned as Rural Residential. Livingston County continues to be one of the fastest growing communities in southeast Michigan. The parcel in question is ripe for residential development due to its proximity to Lansing, Detroit and Ann Arbor. The smaller requested parcel and also owned 60+ acres could be combined for development. Under the current zoning of Rural Residential the minimum lot size for a condominium development is (1) one acre. We estimate that even with the existing wetlands that perhaps fifty (50) new homes could be developed on the overall parcel under the current zoning our perhaps the clustering option. Summary Findings: Surrounding land use trends in the area are single-family residential in nature. The parcel in question could be densely developed under the current residential zoning. NATURAL RESOURCES The subject parcel has a variety of natural resources. It is a beautiful property consisting woodlands, wetlands, agricultural open space. We would recommend that the applicant consider a condition that provides a significant wooded buffer on all sides of the property. Summary Findings: No specific condition has been offered regarding environmental protection. We are suggesting the applicant consider offering a condition that keeps all existing natural buffers in place. We are of the opinion that the proposed use requested as part of the conditional rezoning will do a better job of preserving and protecting the natural resources on the site than if developed under current zoning. ESSENTIAL FACILITIES AND SERVICES The parcel is served by well and septic. No modifications to the existing systems are proposed. Summary Findings: None. SUMMARY OF FINDINGS In summary, we believe the current Rural Residential zoning designation to be more appropriate given the existing surrounding residential and agricultural land uses, and the future planned residential uses of the area. However, the proposed use is a reasonable and consistent use with the intended rural character of Marion Township. The Township should explore either amending the special use section of the Rural Residential District or creating a new more low intensity type commercial district. County Planning Staff Comments Other Criteria to Consider The Township s RR-Rural Residential zoning designation serves a somewhat dual purpose. Because the township does not have an individual Agricultural zoning designation, the RR-Rural Residential zoning designation incorporates agricultural elements into it, within a low-density residential classification. Intent of the RR-Rural Residential zoning designation as stated in the Township Zoning Ordinance: Intent: It is the intent of the Rural Residential District (RR) to provide for a variety of comparatively low density residential lifestyles in a manner which preserves the important open spaces and natural resources of the Township and the Township's rural character. The expanses of open spaces and natural resources, including woodlands, wetlands, hillsides, and fields, comprise the fundamental rural character of the Township which residents of the Township wish to protect and enhance for future generations.

11 ANALYSIS BY: Robert Stanford DATE: February 2, 2018 CASE NUMBER: Z PAGE: 7 Permitted land uses within this District are established based on the limited availability of public services. Where higher density is allowed, certain facilities are required to accommodate the increased public needs. The Rural Residential District includes a considerable number of existing farms and recognizes this land use for its important contribution to the local economic base, to the provision of food and fiber for the State's citizens, and for the historical character and open spaces it provides. It is not the intent of this District to encourage the conversion of agricultural lands to more intensive uses, but to provide opportunities for residential development in a manner compatible with the continuation of agricultural activities. However, neither is it the intent of this District to encourage the establishment of more intensive agricultural uses, such as confined livestock operations, which are incompatible with residential use of adjoining lands Marion Township Master Plan Goals and Objectives: Residential and Commercial Land Uses: AGRICULTURE: GOAL: Keep farming a viable and visible part of Marion Township s future land use plan. Objective: Educate the public on zoning and site planning techniques which preserve agricultural land, open space, and unobstructed views of fields, pastures, and agricultural buildings. Objective: Explore purchase of development rights (PDR), land conservancy, P.A. 116, or other methods to preserve working agricultural lands. Objective: Support the landowner s Right to Farm when proper agricultural practices are followed. Objective: Protect drainage ways for agricultural land. Objective: Give farmers the tools or range of options necessary to conduct farm-related activities on their property while keeping farming viable on the rest. Objective: Encourage property tax policies that assess farmland for present use rather than potential use. COMMERCIAL AND INDUSTRIAL: GOAL: Encourage the development of commercial and light industrial activity in locations where adequate public facilities are available, and that are consistent with the Marion Township Master Plan. Objective: Encourage new commercial and industrial development in areas with safe access to major roads and adequate public sewer and water utilities. Objective: Encourage new commercial and industrial development where activities will not cause undue interference with traffic patterns and will not pose a nuisance to adjacent land uses. Objective: Implement site plan requirements for new or altered commercial and industrial uses so that impacts on the natural environment and surrounding land uses are minimized. Marion Township Zoning Ordinance defines Agricultural-based Tourism/Entertainment Activities and Agricultural Building as follows: Agricultural-based Tourism/Entertainment Activities: Activities accessory to an active farming or agricultural operation that promote agriculture, rural lifestyle, or farm product sales; preserve rural open space; enhance the local agricultural economy; expand the range of revenue sources from agriculture. Such activities may include, but are not limited to, agricultural festivals and events, farm-based attraction, corn mazes, farm markets, wineries, cider mills, and farm-based educational centers. Agricultural Building: A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products and that is clearly incidental to agricultural activity, excluding the business of retail trade. STAFF COMMENTS: When considering a rezoning, it s important remember four key criteria to avoid creating a spot zone. Rezoning property requires consistency with the community s master plan, according to the Michigan Planning Enabling Act. The master plan should include criteria, or guidance for considering zoning amendments. The plan should guide the planning commission as to the appropriate zoning district to rezone a property to, moving towards consistency with the plan. The plan should also guide the planning commission as to when the rezoning is appropriate; for instance, once there are public utilities in place that can serve residential use of a certain density. The zoning plan portion of the master plan will be key to this review for consistency. All rezonings are not necessarily good rezonings.

12 ANALYSIS BY: Robert Stanford DATE: February 2, 2018 CASE NUMBER: Z PAGE: 8 One illegal form of rezoning is spot zoning. This practice gets its name from the appearance of small spots of different zoning districts on a zoning map that otherwise has large contiguous areas in the same zoning district around the spots. To be considered a spot zone, the property, in most cases, must meet the following four criteria: The area is small compared to districts surrounding the parcel in question. The new district allows land uses inconsistent with those allowed in the vicinity. The spot zone would confer a special benefit on the individual property owner not commonly enjoyed by the owners of similar property. The existence of the spot zone conflicts with the policies in the text of the master plan and the future land use map. Rezonings that have the four characteristics of spot zoning listed above run a high risk of invalidation if challenged in court and not consistent with the master plan. In some cases, master plans anticipate these relationships and provide for them (for example, a small commercial area may serve a residential neighborhood). In those cases where the master plan supports a relatively small zoning district that is dissimilar to the zoning that surrounds it, this is probably not a spot zone. The most important thing is consistency with the master plan. The master plan should have been prepared with extensive public engagement and that process is intended to create a consensus vision of future land use and infrastructure including the future configuration of zoning districts. With the understanding that many conditions regarding this conditional rezoning have been voluntarily offered by the applicant and mutually agreed upon between the applicant and the township, with regard to this proposed conditional rezoning and these four criteria, County Planning Staff believes the following, answers in red: The area is small compared to districts surrounding the parcel in question. YES. The rezoning would create a very small 6-acre parcel with HS-Highway Service zoning within a very large, contiguous area zoned RR-Rural Residential. The subject parcel is largely surrounded by property zoned and used as large-lot, single-family residential or agricultural residential. Staff believes that most observers would conclude that the proposed rezoning would meet this test as spot zoning. The new district allows land uses inconsistent with those allowed in the vicinity. YES. According to the Township Zoning Ordinance the intent of the Highway Service district is to: accommodate retail business and service activities which serve the particular needs of the highway traveler and/or meet the consumer needs of a more regional population than that of Marion Township, and, therefore, the access to arterial thoroughfares is critical. The intent of this District is to provide for retail businesses, personal, and business service establishments and small warehouses developed along major arterial roads in a fashion that minimizes traffic congestion, traffic conflicts, and traffic hazards. Staff recognizes that an event barn can be a beneficial land use activity, both for the community and for the economic viability of the applicant. However, Staff also believes that this conditional rezoning undermines the intended nature of the HS district. The multitude of conditions associated with it are testament to the fact that perhaps a rezoning is not the best alternative to address this land use type/activity. The spot zone would confer a special benefit on the individual property owner not commonly enjoyed by the owners of similar property. YES. Perhaps a better way of thinking of it is that it subjects a rezoning action to legal challenge by members of the citizenry or neighboring property owners. The primary benefit conferred through the proposed conditional rezoning is the ability to expand a business enterprise as has been described above. The question as to whether or not this is available to other similar properties requires a judgment call as to what would be considered similar. If by similar property we mean residential properties in the same vicinity, then it seems clear that a special benefit would be conferred. Again, rezoning the subject parcel to a much higher-density, and more intensive land use classification could have serious unintended results that could be detrimental to the surrounding neighborhood and general character of this location with the township.

13 ANALYSIS BY: Robert Stanford DATE: February 2, 2018 CASE NUMBER: Z PAGE: 9 The existence of the spot zone conflicts with the policies in the text of the master plan and the future land use map. YES. The rezoning is in direct conflict with the nature of the surrounding area, as well as the intention of the township Master Plan for this area. The nearest location of Highway Service Commercial zoning within the township is immediately adjacent to, or very nearby, the I-96 highway, some 2 ½ miles to the north. The entire area surrounding the subject parcel, and for many miles surrounding it, is planned for Low Density Residential (2 ac. minimum). As the 2010 Marion Township Master Plan states, the intent of the Low Density Residential district is: Low Density Residential (LDR): The intent of the Low Density Residential future land use category is to preserve land area suitable for large-lot residential and agricultural land use, and to protect the rural character of the Township. Much of this land area is currently farmed or it contains single family residences on large lots that are served by septic sewage disposal and gravel roadway. This land use designation also includes large expanses of privately owned recreational resources. LDR designated lands are the least capable of supporting development and community water and sewer services, due to soil conditions, high water table and other environmental issues that impact development and infrastructure. The 15,186 acres of land in the Low Density Residential category comprises most of the southern 2/3 of the Township. The Low Density Residential land use designation is the largest future land use category in the Township. Development densities within the Low Density Residential category should not exceed 1 dwelling unit per 2 acres in order to insure safe septic disposal and to minimize developmental impacts on existing open space, recreational and agricultural lands as well as adjoining conservation lands. This future land use designation corresponds to the RR Rural Residential District of the Marion Township Zoning Ordinance. Also, with regards to a conditional rezoning, it s important for the community to consider the following two questions: Why would a municipality want to do a conditional rezoning? Unique parcel Validates a non-conforming use Limit use or development of property Conditional rezoning versus variance/special use Legislative versus administrative decision the standard of review Why would a municipality not want to do a conditional rezone? Undermines planning/master plan Deal making Opens the door how to close it? Confers special treatment to one at the cost of many Staff believes that the Township s newly-adopted Agricultural-Tourism ordinance (Section 17.33, included for reference at the end of this report), would work well if utilized for this case, with some minor conditions included to make things work, and would serve as a better alternative to this proposed conditional rezoning, in order to accomplish a result which is beneficial to both the applicant as well as the township and it s residents, rather than undermining the intended nature of the township s Master Plan for this area with the proposed conditional rezoning. In addition, Staff believes that the township should consider developing a set of regulations which deal specifically with event barns. These could be incorporated into the township s special use section of its ordinance. Additionally with this report, Staff has included a basic set of regulations that addresses event barns (from Leroy Township in Ingham County) which could be easily revised and fashioned to meet the unique needs of Marion Township in this regard. Therefore, instead of shoe-horning a new zone and use (with a multitude of conditions tied to it) into an already established zoning district with unique and distinctively different characteristics in order to make it fit, Staff believes that a much better alternative to the proposed conditional rezoning for event barns would be the following. 1) to reexamine this case, within the bounds of the existing zoning district, 2) utilize the township s already adopted, comprehensive agricultural-tourism ordinance, and 3) create and incorporate a set of zoning ordinance regulations for event barns, which embrace and preserve the intended nature of the Township Zoning Ordinance and Master Plan, as well as allowing for a means for the continued economic vitality of the applicant s property, without undermining the intent of the Township s Zoning Ordinance and Master Plan, and without carrying with it the potential for unintended, ill-effects of the decision for the entire Marion Township community and its residents.

14 ANALYSIS BY: Robert Stanford DATE: February 2, 2018 CASE NUMBER: Z PAGE: 10 Birdseye aerial photo of subject site and immediately surrounding parcels. Updated aerial photo, zoomed-in overview of subject parcel showing structures on site. View from subject parcel along Pinckney Road looking North: View from subject parcel along Pinckney Road looking South: View from subject parcel along Pinckney Road looking East: View from subject parcel along Pinckney Road looking West:

15 ANALYSIS BY: Robert Stanford DATE: February 2, 2018 CASE NUMBER: Z PAGE: 11 STAFF RECOMMENDATION: Denial. Staff recognizes that an event barn as proposed can be a beneficial land use activity, both for the community and for the economic viability of the applicant. However, Staff also believes that this conditional rezoning undermines the intended nature of the HS district, and would have serious unintended consequences to the overall character of this location in the township if approved. The multitude of conditions associated with the rezoning are testament to the fact that perhaps a rezoning is not the best alternative to address this land use type/activity at this location. Staff believes that a much better alternative to the proposed conditional rezoning for event barns would be the following. 1) to reexamine this case, within the bounds of the existing zoning district, 2) utilize the township s already adopted, comprehensive agricultural-tourism ordinance, and 3) create and incorporate a set of zoning ordinance regulations for event barns, which embrace and preserve the intended nature of the Township Zoning Ordinance and Master Plan, as well as allowing for a means for the continued economic vitality of the applicant s property, without undermining the intent of the Township s Zoning Ordinance and Master Plan, and without carrying with it the potential for unintended, ill-effects of the decision for the entire Marion Township community and its residents.

16 ANALYSIS BY: Robert Stanford DATE: February 2, 2018 CASE NUMBER: Z PAGE: 12 COUNTY PLANNING COMMISSION GENERAL REFERENCE - MARION TOWNSHIP AG TOURISM ORDINANCE: Section Agricultural-Based Tourism/Entertainment Activities (Agri-Business): A. Location Requirements: Agricultural-Based Tourism/Entertainment activities are permitted by Special Use Permit in the Rural Residential and Suburban Residential District. B. Site Requirements 1. Agricultural-Based Tourism/Entertainment activities shall be operated on the same premises as the principal agricultural use by the property owner or farm operator and shall be clearly incidental to the principal permitted agricultural use on the property. The allowance and use of such structures and land shall not alter the zoning of land in the Rural Residential zoning district, and such use shall not be deemed a commercial activity for zoning purposes. 2. The applicant shall show the relationship of the agri-business use to the primary agricultural use on the site. The final decision as to the use being agri-based shall be made by the Board of Trustees, unless protected by the Michigan Right to Farm Act, PA 93 of 1981(as amended). 3. Floor Area. The total floor area above finished grade (one or two stories) of any agri-business facility falling into this category, including retail space, shall be no larger than 10,000 square feet. The facility may consist of more than one building. Underground space is not limited to, and may be in addition to, the 10,000 square feet of floor area provided that it is below pre-existing ground level and has no more than one loading dock exposed. 4. Pre-Existing Buildings. Building(s) built prior to this amendment may be used for an agri-business provided that the area dedicated to the agribusiness is limited to 10,000 square feet. The Zoning Board of Appeals may consider variances from setbacks for such a pre-existing building if it shall first be determined that such extension shall not be harmful to public health, safety, or welfare, particularly with regard to surrounding property interests. 5. Size Requirements. The Planning Commission shall have the discretion to alter the size requirements if deemed necessary due to the requirements of the particular use, site considerations, or the potential impacts on adjacent properties. 6. The agri-business facility shall be designed to co-exist with the surrounding rural and agricultural land uses. The design of the facility shall achieve the following objectives: a. The facility and the site shall be designed in a manner that maintains the rural and agricultural character of the original property. b. There shall be no adverse impacts on adjacent properties. 7. Exception. These limitations on facility size shall not apply to structures engaged solely in the agricultural use of the site and not involved in the business aspects of the use. 8. Public Events / Private Events. An applicant who desires to host these events shall indicate as such in their application. They shall indicate the types of events, the frequency and number per year, the number of persons expected, the hours and other information as required by the Planning Commission for the understanding of the request. 9. Approval. The Township Board shall approve a facility s ability to host events when the applicant has demonstrated the largest event desired by the facility can be handled without significant adverse impacts to adjacent neighbors or Township facilities and services or otherwise creating a detriment to public health, safety, or welfare. C. Performance Standards: 1. The site plan for the use shall demonstrate how the facility will provide for circulation, parking, sanitation, trash collection, and noise, potential traffic impacts created by the proposed use and other factors during the events. 2. Setback requirements. All structures related to the agri-business shall meet the setback requirements for the zoning district in which it is located. 3. The Planning Commission shall have the ability to alter some of the standards herein or to require higher standards as necessary to protect the rural character of the community. 4. Parking. Parking shall comply with the requirements of Article 14 - Off-street Parking and Loading. Provisions shall be made to allow cars to turn off the road right-of-way and park outside of the right-of-way. Parking lots in the Rural Residential districts are not required to be paved. 5. Signs. Signage shall comply with the requirements of Article 15.5 B Farm Signs. 6. The duration of use (i.e. seasonal, annual, weekends, every day etc.) Article XVII Standards for Specific Special Land Uses 7. Hours of operation. 8. The special land use approval may specify a maximum number of events per year, number of persons per event, and hours for events. 9. Relationship of agri-business use and proposed development to the overall size of the parcel. 10. Other potential impacts on the Township or adjacent properties including but not limited to lighting, noise, dust, and drainage. 11. New Permit. In order to exceed the number of events approved by the Township Board or to host an event of increased intensity, the special use permit must be amended. Otherwise, a new permit is not required for each event.

17 ANALYSIS BY: Robert Stanford DATE: February 2, 2018 CASE NUMBER: Z PAGE: All submittals may be reviewed by, including but not limited to, Township s attorney, planner, engineer, State agencies, Howell Area Fire Authority, Livingston County Sheriff Department, Livingston County Building Department, Livingston County Drain Commissioner, Livingston County Department of Environmental Health, Livingston County Road Commission before a final site plan may be recommended for approval, approval with conditions, or denial by the Planning Commission. Final approval, approval with conditions and or denial will be made by the Board of Trustees. D. Buffering Requirements 1. Buffering requirements per Section 6.13 if necessary. DEFINITIONS: Agricultural-based Tourism/Entertainment Activities: Activities accessory to an active farming or agricultural operation that promote agriculture, rural lifestyle, or farm product sales; preserve rural open space; enhance the local agricultural economy; expand the range of revenue sources from agriculture. Such activities may include, but are not limited to, agricultural festivals and events, farm-based attraction, corn mazes, farm markets, wineries, cider mills, and farm-based educational centers. Agricultural Building: A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products and that is clearly incidental to agricultural activity, excluding the business of retail trade. SAMPLE ORDINANCE - LOCKE TOWNSHIP, INGHAM COUNTY EVENT BARN ZONING ORDINANCE NOTE: Event Barns are allowed as a Special Land Use in the A-1 (Agricultural) District DEFINITIONS: Event Barn: One (1) or more existing agricultural buildings originally constructed for bona fide agricultural purposes and may be presently part of a functioning farm or may be remaining buildings following the termination of farming activities, that is used by individuals or groups, for a rental fee or other form of remuneration, to accommodate private functions including, but not limited to, meetings, banquets, weddings, gatherings associated with anniversaries, birthday parties, and reunions, and other similar gatherings and celebrations. Such a use may include designated outdoor areas on the same lot as the agricultural buildings for event barn activities, kitchen facilities for the preparation or catering of food, and the serving of alcoholic beverages for on-premises consumption only during scheduled events, and shall not be open to the general public. Section Event Barns A. Definitions: For the purposes of this Section, the following definitions shall apply: 1. Attendees: Those persons attending an event including persons delivering attendees to the event but who may not remain for the event themselves. Attendees shall not include persons providing support services for an event, such as catering services and parking area attendants. 2. Event: A planned occasion at an event barn. B. The following site and developmental requirements shall apply: 1. The minimum lot area for an event barn shall be twenty (20) acres and the minimum lot width shall be six hundred (600) feet. 2. The lot on which an event barn is located shall have a minimum of six hundred (600) feet of continuous frontage along M-52 and shall take it principal access from such frontage, except where the Planning Commission finds that an alternative access means is suitable, taking into consideration public safety and impacts upon adjacent properties. 3. All outdoor areas of an event barn including temporary restroom facilities, parking, eating areas, entertainment areas and other places where event attendees may gather, shall be set back a minimum of one-hundred fifty (150) feet from a lot line and shall comply with the separation distance standards of subsection (4) below. Access drives shall be set back a minimum distance of one-hundred (100) feet from side and rear lot lines. a. The Planning Commission may lessen these standards in the case where the proximity between lot lines and existing building(s) to house indoor events is limited and the specified setback distances would result in considerable practical difficulties maintaining a logical relationship between such buildings and outdoor use areas, provided the Planning Commission finds adequate measures are to be in place to mitigate negative impacts upon surrounding properties and the visual character of nearby public road corridors. 4. Parking shall be provided as follows: a. Parking areas shall be of a grass and/or gravel surface, except that a maximum of fifty (50) spaces may be of a paved surface. The Planning Commission may waive this limitation upon finding that the additional paved parking area will be adequately screened from neighboring properties and public roads. b. The minimum number of parking spaces to be provided for the event barn shall be equal to seventy-five percent (75%) of the approved maximum capacity of the event barn, in addition to any additional spaces required for employees, catering services and other support service providers. c. All parking areas shall be clearly defined by gravel, cut lawn, sand, roped boundaries, or other visible markings. d. No parking shall occur within seventy-five (75) feet of a public road right-of-way. No-parking signs shall be posted as necessary to ensure compliance with this requirement. The no-parking signs shall not be erected prior to four (4) hours before the event s beginning start time and shall be removed within 4 (four) hours of the end of the event.

18 ANALYSIS BY: Robert Stanford DATE: February 2, 2018 CASE NUMBER: Z PAGE: 14 e. Access drives and parking areas shall be designed and sited to mitigate potential nuisance effects on adjacent property owners including dust conditions. Access drives shall be set back a minimum distance of one-hundred (100) feet from side and rear lot lines, except that where the facility is to accommodate events where attendees may exceed one-hundred fifty (150), the access drive setback shall be increased to one-hundred fifty (150) feet. B. Special Performance Standards 1. Events at an event barn shall be limited in frequency based on the maximum number of attendees, according to the table below and the special provisions following the table: Special Provisions: a. No event shall exceed three-hundred (300) attendees. b. In no case shall more than ten (10) events be held during any one (1) calendar month, irrespective of the number of attendees at each event. c. The separation distance standards of the above table shall apply to all buildings and outdoor areas used in association with the holding of events including temporary restroom facilities, parking areas, eating areas, entertainment areas and other places where event attendees may gather. The Planning Commission may lessen these standards in the case where the proximity between lot lines and existing building(s) to house indoor events is limited and the specified separation distances would result in considerable practical difficulties maintaining a logical relationship between such existing buildings and outdoor use areas, provided the Planning Commission finds adequate measures are to be in place to mitigate negative impacts upon surrounding properties and the visual character of nearby public road corridors. 2. The following time restrictions shall apply: a. No event shall begin prior to 9:00 a.m. and no event shall continue past 10:00 p.m. This limitation shall not apply to set-up and take-down activities associated with an event and the arrival and departure of attendees. b. No temporary toilet facilities shall be maintained within view of a public road or adjacent lot except during the twenty-four (24) hour period prior to an event during which they are to be used and the twenty-four (24) hour period after the event. 3. There shall be no sound amplification devices in association with outdoor areas used for an event. 4. An event barn shall not provide for or otherwise permit overnight sleeping of event attendees. 5. A building to be used for event activities shall undergo no exterior modifications, excluding general maintenance, except upon the Planning Commission finding that such modifications shall not undermine the fundamental character of the building or shall otherwise enhance the character of the building according to local agricultural building architecture. The floor area of an existing building to be used for event activities may be expanded for event activities by no more than ten percent (10%). 6. Exterior lighting to be used in association with events shall comply with Section 25.04, except in no case shall such lighting, whether proposed or existing, exceed fifteen (15) feet in height above the ground below and shall not have light sources visible from the lot lines measured five (5) feet above the lot line. 7. In addition to the information required by Articles 4 and 5 for a special land use application and accompanying site plan, the following additional information shall be included with an event barn application: a. The permitted maximum capacity of all buildings to comprise the event barn, according to the building code or Fire Marshall and the basis for such calculations. b. Proposed location of temporary toilet facilities as may be needed. c. The planned frequency of events and the maximum number of attendees to be accommodated at any single event. d. Months or seasons of operation if not a year-round facility. e. Any proposed outdoor lighting and any existing outdoor lighting that is to be used in association with the event barn. f. Clarification of all portions of the lot to be part of the event barn including parking areas, outdoor gathering and activity areas, and outdoor toilet facilities. g. The extent of food preparation facilities that are to be part of the event barn, any permits required by the county health department, and the applicable County Health Department rules and other requirements, by rule and/or statute section references. h. The intended availability of alcoholic beverages in association with events, the party to be responsible for the provision of such beverages, any permits required by the Michigan Liquor Control Commission, and the applicable Michigan Liquor Control Commission rules and other requirements, by rule and/or statute section references.