Livingston County Department of Planning

Transcription

1 Livingston County Department of Planning LIVINGSTON COUNTY PLANNING COMMISSION MEETING Wednesday, May 17, :30 p.m. Administration Building, Board of Commissioners Chambers 304 East Grand River, Howell, MI Kathleen J. Kline-Hudson Director 1. Call To Order Agenda Robert A. Stanford Scott Barb 2. Pledge of Allegiance 3. Roll and Introduction of Guests 4. Approval of Agenda May 17, Approval of Meeting Minutes April 19, Call to the Public 7. Zoning Reviews a. Z Deerfield Township, Rezoning, A2 Small Farms/10 to A3 Small Farms/5 in Section 9 b. Z Green Oak Charter Township, Rezoning, Rural Estates (RE) to Planned Unit Development (PUD) in Section 35 and 36 c. Z Handy Township, Zoning Ordinance Amendment, Chapter 9 NSC Neighborhood Service Commercial District, Section 9.3 Permitted Uses d. Z Handy Township, Zoning Ordinance Amendment, Chapter 2 General Provisions, Section 2.27 Gregory Road Interchange Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site co.livingston.mi.us e. Z Marion Township, Zoning Ordinance Amendment, Article VI General Provisions, Section 6.07 Accessory Uses and Structures 8. Old Business a. Progress on visits to local Planning Commission meetings 9. New Business 10. Reports a Capital Improvement Plan b. Discussion regarding 2017 County Master Plan Chapters 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 9 TOTAL ACREAGE: acres APPLICANT/OWNER: Cheryl Allie CURRENT ZONING: A-2 (Small Farms District, 10 acre minimum) REQUESTED ZONING: A-3 (Small Farms District, 5 acre minimum) PERMITTED USES (Not all inclusive): Agriculture, public and private conservation, single family dwellings, foster care facilities. PERMITTED/SPECIAL USES (Not all inclusive): Agriculture, public and private conservation, single family dwellings, foster care facilities. SPECIAL USES (Not all inclusive): Public facilities including cemeteries, schools, parks, libraries; churches; shooting ranges; private and public campgrounds; kennels; golf courses; private landing strips; bed and breakfasts; concentrated livestock operations. SPECIAL USES (Not all inclusive): Public facilities including cemeteries, schools, parks, libraries; churches; shooting ranges; private and public campgrounds; kennels; golf courses; private landing strips; bed and breakfasts; concentrated livestock operations. MINIMUM LOT AREA: Ten (10) acres. MINIMUM LOT AREA: Five (5) acres. CURRENT ZONING: CURRENT LAND USE: TOWNSHIP PLANNING COMMISSION RECOMMENDATION AND PUBLIC COMMENTS: The Deerfield Township Planning Commission recommended approval of the proposed rezoning at the April 20, 2017 public hearing. No major comments were recorded at the public hearing. ESSENTIAL FACILITIES: SANITARY SEWER: Private septic as needed. WATER SUPPLY: Private wells as needed. ACCESS ROAD(S): Properties will be accessed via White Road.

3 ANALYSIS BY: Scott Barb DATE: May 10, 2017 CASE NUMBER: Z PAGE: 2 EXISTING CONDITIONS: The site proposed for the rezoning request is located in Section 9 of Deerfield Township. Natural Areas: According to the map "Livingston County's High Quality Natural Areas, there is a Priority 2 natural area that covers the majority of the heavily wooded parcel. Land Use: Soils: Wetlands: Topography: Vegetation: A single family home occupies the northeast corner of the property; remainder is vacant. Boyer Oshtemo loamy sands with 0 to 2 percent slopes occupy the great majority of the parcel. These soils drain well and are reasonable to build on. The National Wetlands Inventory designates the subject parcels as uplands. The site is predominantly flat and rises approximately 10 feet from east to west. Most of the site is in its natural, heavily wooded state. CURRENT LAND USE, ZONING, AND MASTER PLANNING MATRIX: NORTH N Existing Land Use: Single family home; open space Zoning: A-3 Small Farms/5 acre min. Master Plan: Agricultural & Rural Residential SUBJECT SITE Existing Land Use: Single family home; open space Existing Land Use: Single family home; open space Existing Land Use: Single family home; open space WEST Zoning: A-1 General Agriculture Master Plan: Agricultural & Rural Residential Zoning: A-2 Small Farms/10 acre min. Master Plan: Agriculture/Rural Residential Zoning: A-2 Small Farms/10 acre Master Plan: Agriculture and Rural Residential EAST Existing Land Use: Single family home; agricultural Zoning: A-2 Small Farms/10 acre Master Plan: Agriculture and Rural Residential SOUTH

4 ANALYSIS BY: Scott Barb DATE: May 10, 2017 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 intent of the future land use plan generally encourages larger parcels of agricultural land and open space for the benefit of the rural character of the Township. A reduction in size of a parcel from 10 to 5 acres is acceptable according to the desired density of the master plan. 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 county master plan designation for the subject parcel. COUNTY PLANNING STAFF COMMENTS: The applicant is proposing to rezone the subject parcel from A-2 (10 acre minimum) to A-3 (5 acre minimum) for the purpose of a 7 acre land division and sale of property to a neighbor. The resulting 5 acre parcel will be compatible with the Township Master Plan that intends low open space development densities to be anywhere from 2 to 20 acres in the agricultural and rural residential areas of the Township. While the Township s plan could use some refinement with regards to the broad range of development densities expected to occur in the future, the proposed land division will leave parcels that are acceptable and within the guidelines of the current master plan. The proposed rezoning is also consistent with the Livingston County Comprehensive Plan. To the north of the site, parcels that are zoned A-3 are already established in the Township and a change in size from 10 to 5 acres will not be detrimental to the Township s goal and vision of maintaining rural character. STAFF RECOMMENDATION: Approval. Planning staff recommends approval of the proposed rezoning from A-2 (Small Farms/10 acre minimum) to A-3 (Small Farms/5 acre minimum). The rezoning allows the Township to maintain its vision of remaining rural with low density development.

5 LIVINGSTON COUNTY PLANNING DEPARTMENT ZONING REVIEW CASE NUMBERS: COUNTY: Z LOCATION: Green Oak Charter Township SECTION NUMBER: 35 and 36 TOTAL ACREAGE: Acres APPLICANT/OWNER: Timberview Estates/Northside Management CURRENT ZONING: RE Rural Estates PERMITTED/SPECIAL USES (Not all inclusive): Permitted: Single family detached dwellings; publicly owned parks and recreation facilities; public educational institutions; stables; accessory uses; home occupations; swimming pools; essential services; state licensed day care facilities; state licensed foster care facilities; and farm operations subject to the Michigan Right to Farm Act. Special: Churches; private schools; municipal buildings and utility buildings; private noncommercial recreation; hospitals; golf courses and country clubs; state licensed day care facilities; museums; cemeteries; common use riparian lots. MINIMUM LOT AREA: 2 acre CURRENT ZONING MAP: (see map at end of review) REQUESTED ZONING: PUD Planned Unit Development PERMITTED/SPECIAL USES (Not all inclusive): Permitted: Single family detached dwellings; attached residential dwellings; commercial uses; industrial uses; and mixed use projects. MINIMUM LOT AREA: 5 acres minimum project size for a single-family PUD. Minimum lot size of 20,000 sq. ft. if served by public sewer and central water services, and 21,750 sq. ft. (1/2 acre) if not served by public sewer and water. EXISTING LAND USE MAP: (also see map at end of review) LOCATION: The site is located at the southeast corner of Nine Mile Road and Rushton Road, in Sections 35 and 36 of Green Oak Charter Township. LAND USE: Vacant land consisting of fallow fields, woodlands and wetlands. ESSENTIAL FACILITIES: SANITARY SEWER: On-site wastewater treatment plant WATER SUPPLY: Community water well supply system ACCESS ROAD(S): Nine Mile - Paved primary roadway, Rushton Road - Gravel TOWNSHIP PLANNING COMMISSION RECOMMENDATION AND PUBLIC COMMENTS: The Green Oak Charter Township Planning Commission recommended APPROVAL of this rezoning at their April 6, 2017 meeting. The public hearing for this rezoning was held on February 16, There were comments of concern from township residents at the public hearing regarding: the proposed water well; lack of public infrastructure; high density; interconnectivity to Rushton Road; horses in area; master planning for site; traffic in area; location of proposed trail.

6 ANALYSIS BY: Kline-Hudson DATE: May 10, 2017 CASE NUMBER: Z PAGE: 2 ENVIRONMENTAL CONDITIONS: Soils/Topography: Wetlands: Vegetation: Natural Areas: The Livingston County Soil Survey indicates that the northern and largest portion of the site consists of well-drained Miami Loam soils. This portion of the site also contains swaths of somewhat poorly drained soils such as Conover Loam, Carlisle Muck, Brookston Loam, Brady Loamy Sand and Gilford Sandy Loam, which pose moderate to severe limitations for non-farm development. Many of these poorly drained soils are congregated along the northeast boundary of the site. The stem of this parcel contains poorly drained soils to the north and well-drained soils such as Fox-Boyer complex to the south. The National Wetland Inventory indicates that the site contains six (6) small wetlands of less than 5 acres in size. These unregulated wetlands are scattered across the site. Scrub/shrub vegetation surrounds five of the wetlands. The sixth wetland is located near the frontage of Nine Mile Road and it is noted as a forested wetland. (please note that the Timberview Estates PUD Site Investigation Report indicates twenty-two (22) wetland areas with four (4) that are likely to be regulated by the MDEQ). The subject site contains a large quantity of trees. Scrub/shrub vegetation surrounds the majority of wetland areas. Livingston County s High-Quality Natural Areas study notes that a Priority 3 natural area covers much of the site. Priority 3 areas include the County s smallest natural areas. While these areas may be more isolated from other natural areas, they may still represent high quality ecosystems. 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 Existing Land Use: Residential N Zoning: R2 Single Family Master Plan: Very Low Density Residential SUBJECT SITE Existing Land Use: Mobile home park, and rural residential Existing Land Use: Vacant Existing Land Use: Rural Residential and Residential developments (e.g. Evergreen Pond) WEST Zoning: Rural Estates RE and Residential Farming RF Zoning: Residential Rural Estates (RE) Zoning: Planned Unit Development, PUD/R2, Rural Estates and R2 Single Family EAST Master Plan: Manufactured Home Park and Low Density Residential Master Plan: Multiple Family and Low Density Residential Master Plan: Suburban Density Residential Existing Land Use: Residential developments (e.g. Newman s Post Lane Farms) rural residential and limited agriculture Zoning: Residential Farming RF, Rural Estates RE, and R2 Single Family Master Plan: Suburban Density Residential and Low Density Residential SOUTH

7 ANALYSIS BY: Kline-Hudson DATE: May 10, 2017 CASE NUMBER: Z PAGE: 3 TOWNSHIP MASTER PLAN: The Green Oak Charter Township Master Plan adopted in 2014, designates the 81.4 acres of the site at the southeast corner of Nine Mile Road and Rushton Road, as Multiple Family. The remaining 47.6 acres of the site are designated as Low Density Residential. The master plan defines these two future land use categories as follows: Multiple-Family Residential Multiple-Family Residential is represented in areas with existing multiple-family development, proximity to available sanitary sewers, and existing adequate roads. A new area of Multiple-Family Residential is planned at the southeast corner of Nine Mile and Rushton Roads in Section 35 in the southeast portion of the Township. This area is in close proximity of paved roads and commercial services. Low Density Single-Family Residential Low Density Single-Family Residential is planned for areas with existing and adjacent low density development. Unlike Very Low Density Residential, Low Density Residential areas warrant road improvements in areas of poor road conditions because existing population densities are sufficient. However, Low Density Residential is similar to Very Low Density Single-Family Residential in providing for the following: Preservation of Rural Character and Consideration of Sensitive Natural Features. Low density residential development occurs primarily within the southeast quadrant of the Township, the Dixboro Road corridor, and select additional areas of established large lot development. COUNTY COMPREHENSIVE PLAN: The Livingston County Comprehensive Plan (as amended) designates this site as Residential. The Plan describes this designation as follows: Residential - Residential areas are located mainly in the southeast quadrant of the county. This quadrant has had the largest number of new residents move in over the last decade, and is the most built out area of the county. Over 40% of the county s population lived in Residential areas in It is characterized by fairly dense residential, commercial, and to some extent industrial development, although less dense and intense than uses found in the cities and villages. Residential areas are not without their rural character and scenic vistas. However, few agricultural lands in Residential areas are expected to exist twenty years from now. New residential developments in these areas should be compact and make the best use of sewer and water if it is available, and cluster projects should be utilized when appropriate to preserve open space and scenic vistas. Projects such as planned unit developments that are not feasible in Cities/Villages or Primary Growth Areas because of parcel size or similar restrictions should be channeled into Residential areas. Limited commercial and industrial growth is appropriate. COUNTY PLANNING STAFF COMMENTS: This rezoning amendment is for the development of Timberview Estates, a proposed 236 lot single-family residential, open space Planned Unit Development (PUD). The proposed PUD includes residential areas targeted towards different aged consumers, space for recreational uses, and the preservation of natural areas and open space obtainable by the planned use of smaller lot sizes and narrower roads. The applicant is proposing three (3) access points to the development including two from Nine Mile Road and one from Rushton Road. An onsite wastewater treatment plan and community water well supply system is proposed as utility provision for the development since the sanitary sewer system in the Township has limited capacity and is not available to the SE portion of the Township. Timberview Estates has been before the Green Oak Charter Planning Commission a number of times, and two public hearings were scheduled for this project due to the removal/addition of parcels which changed the footprint of the development and required a new notification area. The character of this area of Nile Mile Road is a mix of manufactured housing, suburban development and single-family residential. It is a bustling area of the Township and the intersection of Nine Mile and Rushton Roads currently serves a lot of traffic with a four-way stop sign. The character of development along Rushton Road is high density residential near the intersection and as far south as Woodland Ridge manufactured housing community extends, which is equal to the depth of the Timberview site along its Rushton Road frontage. Farther south along Rushton Road the character of the area is rural residential with barns, out buildings and the keeping of horses. There is also evidence of past agricultural uses such as greenhouses, however, these agricultural pursuits have been vacated. The condition of Rushton Road (gravel) is very poor. In Green Oak Charter Township an open space PUD may be applied for in any zoning district, except the PL Public Lands district. An open space PUD development application requires a rezoning amendment and the application must be accompanied by a plan that is based on the existing zoning at the time as well as a density plan and a PUD plan. Timberview Estates is being applied for with Residential Single-Family R2 as the underlying zoning. The allowable PUD density for R2 underlying zoning is 20,000 sq. ft.

8 ANALYSIS BY: Kline-Hudson DATE: May 10, 2017 CASE NUMBER: Z PAGE: 4 COUNTY PLANNING STAFF COMMENTS (continued): In the Green Oak Charter Township Zoning Ordinance there are eight (8) eligibility requirements of a PUD application including: 1.) Recognizable benefits to the residents of the property and to the overall quality of life in the Township; 2.) Minimum project size (5 acres for single-family); 3.) Open space benefits; 4.) Guarantee of open space; 5.) Cohesive development; 6.) Unified control; 7.) Density impact; and 8.) Master plan consistency. According to the Applicant, the PUD eligibility requirements have been met in the following manner: Recognizable benefits: reduced density from an approximately 1,100 units allowable in the master planned Residential Multiple District; traffic signal at Nine Mile and Ruston Road intersection; paved Rushton Road south approximately 735 ft. to the Timberview proposed entrance; 10 ft. wide, 520 linear ft. off-site pathway on Nine Mile Road; community building with parking for use as Township polling location; 50+acres of permanent open space; mixed use housing option (single family and active adult) with an average lot size of 7,703 sq. ft. lot; significant setbacks from intersection of Nile Mile and Ruston Roads; public access to nature area on-site; and 7,000+ linear feet of paved hiking trail throughout open space. Minimum project size: the acre project site meets the minimum 5 acres for a single-family PUD. Open space benefits: acres of open space will be equitably distributed throughout the development. Sidewalks are proposed on both sides of the streets in the development and an additional hiking path will meander through the open space. A 10 ft. wide paved path is proposed along Nine Mile Road for use by the residents and the community. Guarantee of open space: the applicant shall provide a guarantee of open space through the PUD agreement and fee title, which shall also be maintained through the Site Condominium Homeowner s Association. Cohesive development: the proposed development is designed to create a cohesive community through common open space that is equally available to all residents through the distribution of pocket parks and greenways throughout the development. Unified control: Single ownership shall be documented with the PUD agreement. Density impact: the proposed density of use was negotiated through the parallel design approach of the PUD process. Master plan: the proposed PUD is consistent with the Green Oak Township Master Plan designation of Multiple Family and Low Density Residential. The proposed residential density does not exceed the densities conceived based on the future land use designations. In the proposed PUD Preliminary Site Plan, the 236 unit residential lot area will occupy acres; right of way will cover acres, the proposed community wastewater area will occupy 9.85 acres; preserved wetland area will be 4.32 acres; and acres will be designated open space. Residential lot coverage will be 34.1% of the site and open space coverage will be 41% of the site. The Green Oak Township Planning Consultant notes that approximately107 units will be on smaller lots for active adult living (definition not found in materials). The minimum size of these lots will be 6,600 sq. ft., with an average size of 7,454 sq. ft. The remaining approximate 129 units will be homes on lots with a minimum size of 7,200 sq. ft., with an average area of 8,034 sq. ft. According to Sec Project design standards of the Green Oak Township Zoning Ordinance, (4) Plan Submittal Any application for open space planned unit development shall be accompanied by a plan based on existing zoning at the time of application, a density plan prepared in accordance with this subsection, and a planned unit development plan. In a parallel plan submitted by the applicant, the density was calculated by using the minimum lot sizes of the zoning districts that are comparable to the future land use designations of Multiple Family (for the northern parcels) and Rural Estate (for the southern parcels). Using these calculations, the majority of the project area would be allowed a total of 1,176 units contained in thirty-seven (37) structures with a required 2,470 parking spaces, and the southern portion of the site would allow the development of up to ten (10) lots of not less than two acres. The applicant also provided a secondary parallel plan based on current RE zoning which indicates the applicant would be allowed to develop the site with thirty-seven (37) single family units on lots of less than two (2) acres based on current zoning. According to Sec (4) Plan Submittal in the Green Oak Township Zoning Ordinance, the density plan for this development should be based on the RE Underlying/Existing Zoning District at a Zoning Ordinance Minimum Lot Size of 2 acres to yield a Density Plan Minimum Lot Size of 1.5 acres. On a acre site, this would allow approximately 86 single family lots. In calculating overall density the applicant may propose a zoning category shift of one (1) category. In this situation, the underlying/existing zoning district could be calculated using the R-3 zoning district at a Density Plan Minimum Lot Size of 40,000 sq. ft. This would allow approximately 141 single family lots. The zoning ordinance also allows regulatory flexibility and the

9 ANALYSIS BY: Kline-Hudson DATE: May 10, 2017 CASE NUMBER: Z PAGE: 5 COUNTY PLANNING STAFF COMMENTS (continued): Green Oak Township Planning Commission may grant up to a maximum 15% density bonus for exemplary projects that meet the conditions outlined in Section Optional provisions for exemplary projects. With a maximum 15% density bonus, it appears that this development could allow approximately 162 lots. The 162 lots must be developed on 60% of the acreage of the site due to the 40% minimum open space requirement. This would yield lot sizes of approximately.48 acre or 20,909 sq. ft. which is consistent with the PUD minimum lot size of 20,000 sq. ft for a PUD served by public sewer and central water services, but is inconsistent with the proposed 6,600 8,034 sq.ft. lots. County Planning Staff does not support a parallel plan based on future land use designation instead of existing zoning, nor the applicant s statement that the proposed density of this preliminary site plan is a recognizable community benefit since it represents a reduced density from approximately 1,100 units allowable in the Master Plan Multiple Family Residential designation. The Future Land Use plan in a Master Plan provides a vision for future development, but it is intended to be general and the master plan designation of an area does not mean that the most intense zoning district consistent with that category is automatically permitted. Additionally, the proposed density impact (see Sec Eligibility criteria, (7) Density Impact) of Timberview is significant when comparing the proposed minimum lot sizes of the development to those of adjacent single family residential communities that primarily have lots ranging from a ½ acre (21,780 sq. ft.) to 1 acre (43,560). At the April 6, 2017 meeting of the Green Oak Township Planning Commission, the Planning Commission recommended approval of the preliminary PUD site plan to the Township Board with the condition that all outstanding items are addressed on final PUD site plan and that the PUD agreement be developed before final PUD approval. This preliminary approval is an understanding that all outside agency approvals must be obtained prior to final PUD approval and any significant changes will result in a need to amend the preliminary PUD site plan. COUNTY PLANNING STAFF RECOMMENDATION: DISAPPROVAL. While it is possible for the proposed PUD/R2 rezoning of this site to be consistent with surrounding zoning and existing residential land use, the Planned Unit Development (PUD) process is unique in its negotiation process. A part of this negotiation process is determining the density of the development through a preliminary site plan. County Planning Staff recommends disapproval of this proposed PUD because we do not support the PUD parallel plan process used in this Timberview Estates PUD/R2 that was based upon a future land use designation instead of existing zoning as the Green Oak Charter Township PUD language clearly states (Sec Project design standards (4) Plan Submittal). Nor does County Planning Staff support the applicant s statement that the proposed density of this preliminary site plan is a recognizable community benefit since it represents a reduced density from approximately 1,100 units allowable in the Master Plan Multiple Family Residential designation.

10 ANALYSIS BY: Kline-Hudson DATE: May 10, 2017 CASE NUMBER: Z PAGE: 6 Green Oak Charter Township Land Use - Sections 35 and 36 Green Oak Charter Township Zoning - Sections 35 and 36 SITE

11 ANALYSIS BY: Kline-Hudson DATE: May 10, 2017 CASE NUMBER: Z PAGE: 7 Z Photographs Green Oak Township Sections 35 and 36 SITE (NW Corner) SITE (West) SOUTH NORTH EAST WEST

12 Livingston County Department of Planning M E M O R A N D U M Kathleen J. Kline-Hudson Director Robert A. Stanford Scott Barb TO: FROM: DATE: May 10, 2017 SUBJECT: Livingston County Planning Commission and the Handy Township Board of Trustees Scott Barb, Z Amendments to Zoning Ordinance: Chapter 9 NSC- Neighborhood Service Commercial District, Section 9.3 Permitted Uses. The Handy Township Planning Commission is proposing to amend the Township Zoning Ordinance by adding a new subsection that will allow single family homes that are in existence at this time to be permitted in the district upon approval of the new subsection. Staff has reviewed the proposed changes for accuracy and compatibility with the Township Zoning Ordinance and offers the following comments for your review. Staff comments are written in italic and underlined while changes to the Ordinance are written in red. Chapter 9, Section 9.3 Permitted Uses Handy Township will be creating a new subsection (K) that will read as follows: K. Single family homes in existence at the time of the adoption of this subsection. Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Staff comments: The new subsection allows any single family homes in existence in the NSC District to become a permitted use upon adoption of this new subsection. The addition makes sense due to some of the blending of residential and commercial uses within the township. TOWNSHIP PLANNING COMMISSION RECOMMENDATION: APPROVAL. There were no comments at the April 27, 2017 public hearing on the proposed text amendment. RECOMMENDATION: APPROVAL. The proposed text amendment is reasonable and appropriate. Web Site

13 Livingston County Department of Planning M E M O R A N D U M Kathleen J. Kline-Hudson Director Robert A. Stanford Scott Barb TO: FROM: DATE: May 10, 2017 Livingston County Planning Commission and the Handy Township Board of Trustees Scott Barb, SUBJECT: Z Amendments to Zoning Ordinance: Chapter 2 General Provisions, Section 2.27 Gregory Road Interchange. The Handy Township Planning Commission is proposing to amend the Township Zoning Ordinance by deleting Section 2.27 from the Ordinance and reserving it for future use. Staff has reviewed the proposed changes for accuracy and compatibility with the Township Zoning Ordinance and offers the following comments for your review. Staff comments are written in italic and underlined while changes to the Ordinance are written in red. Chapter 2, Section 2.27 Gregory Road Interchange Handy Township will be deleting Section 2.27 from the ordinance and reserving it for future use. Staff comments: The interchange section is being removed from the zoning ordinance due to its absence in the Township Master Plan. There is currently no interest from the State of Michigan to pursue an interchange at Gregory Road and the removal of the section allows property owners to utilize land that had been set aside for the possibility of a future interchange. Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI TOWNSHIP PLANNING COMMISSION RECOMMENDATION: APPROVAL. There were no comments at the April 27, 2017 public hearing on the proposed text amendment. RECOMMENDATION: APPROVAL. The proposed text amendment is reasonable and appropriate. (517) Fax (517) Web Site

14 Livingston County Department of Planning M E M O R A N D U M TO: Livingston County Planning Commissioners and the Marion Township Board of Trustees Kathleen J. Kline-Hudson Director Robert A. Stanford Scott Barb PEM FROM: DATE: May 3, 2017 Robert Stanford, SUBJECT: Z Amendments to Zoning Ordinance Article - Article VI: General Provisions Section 6.07: Accessory Uses and Structures The Marion Township Planning Commission proposes to revise Article VI: General Provisions, Section 6.07: Accessory Uses and Structures, with regards to eliminating the setback requirement for accessory structures under two-hundred (200) square feet. This case was originally proposed by the Township Planning Commission and reviewed by the Livingston County Planning Commission in March 2017 as Case Z With that regard to that case, the County Planning Commission provided the following recommendation: =============================================================== Z No Action - Encourage Further Review (Due to Zero Setback Standards) Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site co.livingston.mi.us Would recommend addressing this issue by establishing a setback that is a ratio of setback to the height of the structure. For instance, at the lot line the structure can be no more than a certain height, and as the structure is located further away from the lot line, the allowable height of the structure could be increased. This would improve sight lines for neighboring parcels and would help to eliminate the obtrusiveness of an accessory structure allowed to be located directly on a shared lot line, with zero setback. =============================================================== Because no formal action was taken by the County Planning Commission and because the Township Board took additional action as recommended by the County Planning Commission, the Marion Township Board of Trustees has returned the amendment for subsequent review and final recommendation by the County Planning Commission, as related to the revised amendment language. County Planning Staff has reviewed the proposed revised changes for accuracy and compatibility with the Township Zoning Ordinance and offers the following comments for your review.

15 Z-13-17: Marion Township Amendment to Article VI, Section 6.07: Accessory Uses and Structures May 3, 2017 Page 2 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). Upon further review, and with generous consideration of the former Livingston County Planning Commission recommendation as well as related Planning Staff comments with regards to this amendment, the Marion Township Board of Trustees proposes the following revised text amendment language for Section 6.07 (9) of the Township Zoning Ordinance: 9. Accessory structures under two-hundred (200) square feet do not require a land use permit or building permit.and must meet zoning district setbacks and maximum square footage requirements. Accessory structures under 200 square feet and with a height no more than ten (10) feet above grade shall maintain a minimum five (5) foot side yard setback & five (5) foot rear yard setback. Accessory structures two-hundred (200) square feet and over and/or more than ten (10) feet above grade must meet the setback requirements of the zoning district in which they are located. Staff Recommendation: Approval. The proposed revised text amendment is reasonable and appropriate. The changes as proposed better clarify the setback requirement as proposed for differing-sized accessory structures and their general location. Staff believes the proposed revised language by the Township Board of Trustees also satisfactorily addresses the County Planning Commission s former issue with regard to this item.