Livingston County Department of Planning

Transcription

1 Livingston County Department of Planning LIVINGSTON COUNTY PLANNING COMMISSION MEETING Wednesday, July 18, :30 p.m. Administration Building, Board of Commissioners Chambers 304 East Grand River, Howell, MI Agenda Kathleen J. Kline-Hudson Director Robert A. Stanford Principal Planner Scott Barb Principal Planner 1. Call To Order 2. Pledge of Allegiance 3. Roll and Introduction of Guests 4. Approval of Agenda July 18, Approval of Meeting Minutes June 20, Call to the Public 7. Zoning Reviews A. Z Putnam Township, Zoning Ordinance Amendment, Article III General Provisions, Section Private roads & shared driveways. B. Z Green Oak Township, Zoning Ordinance Amendment, Article I In General, Section 38-1 Definitions, Article IV Supplementary Regulations, Section Exceptions to Height Regulations and Section Wireless Communication Facilities. C. Z Genoa Township, Rezoning, Agriculture (AG) to Low Density Residential LDR in Sections 33 and 34. Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site co.livingston.mi.us D. Z Tyrone Township, Zoning Ordinance Amendment, Section Nonconforming Structures. E. Z Tyrone Township, Zoning Ordinance Amendment, Section H. Detached Accessory Structures on Adjacent Lots. F. Z Tyrone Township, Zoning Ordinance Amendment, Section F Public and Private Recreation Areas and Facilities. G. Z Deerfield Township, Rezoning, Agriculture (A-1) to Agriculture A-4 (Small Farm) in Section Old Business

2 9. New Business 10. Reports A. Planning Commissioner Introductions A. Progress on Livingston County Master Plan 2018 (DRAFT) B. Progress on Livingston County Capital Improvement Plan C. June 27 Brown Bag Lunch D. Other 11. Commissioners Heard and Call to the Public 12. Adjournment

3 Livingston County Department of Planning M E M O R A N D U M Kathleen J. Kline-Hudson Director Robert A. Stanford Principal Planner Scott Barb Principal Planner TO: FROM: DATE: July 11, 2018 SUBJECT: Livingston County Planning Commission and the Putnam Township Board of Trustees Scott Barb, Principal Planner Z Amendments to Zoning Ordinance: Article 3 General Provisions, Chapter Private Roads and Shared Driveways. The Putnam Township Planning Commission is proposing to amend the Township Zoning Ordinance by modifying various subsections of the private road and shared driveway standards found in Section Staff reviewed the proposed amendments for accuracy and compatibility with the Township Zoning Ordinance and offers the following summary for your review. Staff comments are written in italics and underlined while changes to the ordinance are written in red. Article 3 General Provisions, Chapter Private Roads and Shared Driveways Subsection F.4 will be amended to read as follows: Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site F.4. The maximum length of the improved section of a shared driveway shall be feet of sufficient length to provide an improved driveway to all lots. Notwithstanding the foregoing length limitation, the length of the improved section of a shared driveway may exceed 1000 feet, but only where the extended length is necessary and based on specific and unique conditions of the site upon which the shared driveway will be located and upon the recommendation by the Township Engineer. The shared driveway easement may extend beyond the improved section to provide necessary frontage as required by the zoning district, or to provide for future connections to adjacent properties. Staff comments: The length of a shared driveway has been established at 1000 feet with any extension subject to Township Engineer approval. Subsection I.1.g will be a new addition to this section and will read as follows: I.1.g. The agreement shall specify, placing on notice all future purchasers, mortgagees and others with possible interest in the development, that the Township will not approve any building permits for construction on any parcel before it is served by the road in compliance with the standards set forth in this Ordinance.

4 Subsection I.6 will be modified to read as follows: I.6. The easement maintenance agreement shall be submitted to the Zoning Administrator and reviewed by the Township Attorney. After making any necessary revisions, the Easement Maintenance Agreement shall be recorded with the County Register of Deeds. Proof of this recording shall be submitted to the Zoning Administrator prior to any construction of the private road, including the removal of vegetation and/or soil disturbance. Any amendments to or terminations of an easement maintenance agreement must be submitted to the Township for review and approval prior to execution and recording with the County Register of Deeds. Staff comments: Easement maintenance agreements are required for private roads and shared driveways with the amendments. Subsection N.1 will be amended to read as follows: N.1. If, after appropriate investigation, the Township Engineer, the Zoning Administrator or the Fire Chief determine that any private road has become obstructed, impassable, unsafe, or has deteriorated to such disrepair that the Township may not be able to supply adequate police, fire and emergency vehicle access to residences located on the private road, the Zoning Administrator shall give written notice of the violation to those property owners served by the private road and to the private road association, if one exists. A new Section O will be added to the ordinance that reads as follows: O. Timing of Construction of Shared Driveways or Private Roads for Land Divisions. The construction, extension, or improvement of any shared driveways or private roads in conjunction with a land division application under Chapter 200, Land Division, of this Code and the Michigan Land Division Act (1997 P.A. 87, as amended) must be completed prior to final approval of the land division. The Township may require a performance guarantee pursuant to Section (E) (4) and (G) (7) (f) of this Code to ensure completion of the shared driveway or private road and to ensure compliance with the proposed land division plan. Prior to final approval of the land division, the applicant must provide a shared driveway or private road easement maintenance agreement in recordable form that is approved by the Township and which must be recorded with the Livingston County Register of Deeds at the expense of the applicant. No building permits will be issued for any proposed divisions or resulting parcels until all of the requirements of this Code have been met. Staff comments: This new section creates requirements for maintenance agreements, performance guarantees if needed, and permits building permits only if all requirements of this new subsection are met. A new Section P will be added to the ordinance that reads as follows: P. Exemptions. The provisions of this Section shall not apply where private roads are proposed as part of site plan review required by this Code and are reviewed and approved by the Planning Commission and/or the Township Board, including but not limited to, planned unit developments, subdivision plats, and site condominiums. Staff comments: The site plan review process will evaluate any roads as part of a development. Township Planning Commission Recommendation: APPROVAL. There were no comments at the June 13, 2018 public hearing on the proposed amendments. Recommendation: Approval. We believe the amendments are a reasonable and appropriate addition to the Putnam Township Zoning Ordinance.

5 Livingston County Department of Planning M E M O R A N D U M TO: Livingston County Planning Commissioners and the Green Oak Charter Township Board of Trustees Kathleen J. Kline-Hudson Director Robert A. Stanford Principal Planner Scott Barb Principal Planner FROM: DATE: July 6, 2018 SUBJECT: Kathleen Kline-Hudson, Director Z Article I In General, Section 38-1 Definitions; Article IV Supplementary Regulations, Section Exceptions to Height Regulations, and Section Wireless Communication Facilities. The majority of the proposed amendments are in regard to regulating the use of utility poles, structures and wireless equipment in a public right-of-way. A summary of the proposed amendments is contained in this review. Proposed additions to existing text are noted in bold red underline, deletions in strikethrough, and staff comments are noted in bold, italic underline. Article I, Section 38-1 Definitions Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Essential services means the erection, construction, alteration or maintenance, by public utilities, municipal governments, departments, commissions or boards, of underground, surface or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including public safety communication towers, structures and facilities, mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, police call boxes, towers, poles and other similar equipment or accessories reasonably in connection therewith for the furnishing of adequate service by such public utilities, municipal governments, departments, commissions or boards for the public health or general welfare, and buildings which are primarily enclosures or shelters of such essential service equipment. An essential service shall not include other buildings associated with an essential service, or cellular telephone facilities, including cellular telephone transmitting towers, the use of essential service public safety communication towers, structures and facilities for cellular telephone or other wireless communication facilities, or commercial broadcast television and radio facilities (i) buildings that are necessary for the furnishing of adequate service by such utilities or municipal department for the general public health, safety or welfare; (ii) utility poles and other structures more than 40 feet in height above ground level in a public right-of-way; and (iii) wireless equipment extending more than five (5) feet above the top of a utility pole or structure it is attached to in a public right-of-way. Web Site livgov.com

6 Z July 6, 2018 Page 2 Article I, Section 38-1 Definitions (continued) Public street and right-of-way means a dedicated right-of-way which affords the principal means of vehicular access to abutting property and which is under public ownership or control. The surface of, air space above, and area below the entire width of any road, highway, street, alley, thoroughfare, easement, or other area that is dedicated, reserved, used, or open to use as a matter of right, for public travel, whether owned or controlled by, or under the jurisdiction of, the city or county, state, or federal government. Utility pole means a pole or similar structure that is or may be used in whole or in part for cable, wireline, or wireless communications service, electric distribution, lighting, traffic control, signage, or a similar function. Wireless equipment means the equipment and components, including cellular antennae, transmitters, receivers, equipment shelters or cabinets, regular and backup power supply including emergency generators, and power supply, coaxial and fiber optic cables used in the provision of wireless services, but excluding wireless support structures. County Planning Staff Comments: A nearly identical definition is already present as a subdefinition under Wireless communications facilities or facility and it is titled Wireless communications equipment. Apparently the Township wanted this definition to stand out as a singular definition. Article IV. Section Exceptions to Height Regulations (a) The following structural appurtenances shall be permitted to exceed the height limitations for authorized uses in any district: (1) Those that are purely ornamental in purpose, such as church spires, belfries, domes, cupolas, ornamental towers, flagpoles, and monuments. (2) Those that are integral to mechanical or structural functions, such as chimneys, smokestacks, water tanks, elevator and stairway penthouses, ventilators, bulkheads, aerials, antennae, electronic devices, heating and cooling units, and fire towers. (3) Those that are necessary to proper building design, such as cornices and parapet walls, which shall not exceed the height limitations by more than five (5) feet and shall have no window openings. (4) Wind Energy Conversion Systems (WECS) shall be subject to the height limitations as listed in Section (b) The permitted exceptions set forth in subsection (a) of this section may be authorized only when the following conditions are satisfied: (1) No portion of any building or structure permitted as an exception to a height limitation shall be used for human occupancy or commercial purposes. (2) Any structure permitted as an exception to a height limitation shall be erected no higher than such height as may be necessary to accomplish the purpose for which it is intended to serve.

7 Z July 6, 2018 Page 3 Article IV. Section Exceptions to Height Regulations (continued) (3) Structures permitted as exceptions to height limitations shall not occupy more than twenty percent (20%) of the gross roof area of any building upon which such structures may be located. (c) Utility poles, structures and wireless equipment in a public right-of-way are subject to the following regulations: (1) Utility poles and structures in a public right-of-way shall not be more than 40 feet in height above ground level. (2) Wireless equipment shall not extend more than five (5) feet above the top of a utility pole or structure it is attached to in a public right-or-way. (3) In order to mitigate negative visual impact, wireless equipment shall utilize stealth design practices. Article IV. Section Wireless Communication Facilities (b) Authorization. (1) As a Permitted Use Subject to Site Plan Approval. In all Zoning Districts, a wireless communication facility described in this subsection (b)(l) shall be a permitted use subject to the standards and conditions set forth in subsection (c), the application requirements in subsection (d), the collocation requirements in subsection (e), the procedures in subsection (g), and any prior special land use or site plan approval conditions. c. Wireless communication equipment on an existing utility pole structure located within a right-of-way and not previously approved and used as a wireless communications support structure, where there will be no substantial change in physical dimensions of the existing pole. Wireless communication facilities in a public right-of-way are subject to Sec (c). Township Planning Commission Recommendation: Approval. The Green Oak Charter Township Planning Commission recommended Approval of the Zoning Ordinance Text amendments to Articles I and IV at their May 17, 2018 meeting. There were no public comments at the May 17, 2018 public hearing for the proposed text amendments. Staff Recommendation: Approval. The proposed text amendments related to regulating the use of utility poles, structures and wireless equipment in a public right-of-way, are reasonable and appropriate.

8 LIVINGSTON COUNTY PLANNING DEPARTMENT ZONING REVIEW CASE NUMBERS: COUNTY: Z LOCATION: Genoa Charter Township SECTION NUMBER: 33 and 34 TOTAL ACREAGE: 74.8 Acres APPLICANT/OWNER: Chestnut Development/Chestnut Development CURRENT ZONING: AG Agriculture PERMITTED/SPECIAL USES (Not all inclusive): Permitted: Single-family detached dwellings; accessory home occupations; accessory uses, buildings and structures; keeping of pets; farms; tree and sod farms, greenhouses, nurseries; storing, packaging and processing of farm produce; accessory farm labor housing; accessory roadside stands and commercial cider mills selling only produce grown on the premises; pet cemetery; commercial stables and kennels. Special: A second single family home or dwelling unit on a site of at least 40 acres for use by members of the immediate family or employees of the farm operation; bed and breakfast inns; accessory roadside stands and commercial cider mills selling product not grown on the premises. MINIMUM LOT AREA: 10 acre REQUESTED ZONING: LDR Low Density Residential PERMITTED/SPECIAL USES (Not all inclusive): Permitted: Single-family detached dwellings; accessory home occupations; accessory uses, buildings and structures; keeping of pets; adult foster care homes; foster family homes; essential public services; publicly owned parks and recreation areas; private non-commercial parks. Special: Bed and breakfast inns, adult foster care small group homes; group day care homes, places of worship, schools; public buildings and uses; golf courses. MINIMUM LOT AREA: 1 acre CURRENT ZONING MAP: (see map at end of review) EXISTING LAND USE MAP: (also see map at end of review) LOCATION: The site is located on the east side of Chilson Road, southeast of the intersection of Chilson Road and Brighton Road, in Sections 33 and 34 of Genoa Charter Township. LAND USE: Vacant. ESSENTIAL FACILITIES: SANITARY SEWER: on-site septic WATER SUPPLY: domestic well ACCESS ROAD(S): Chilson Road - Paved primary roadway TOWNSHIP PLANNING COMMISSION RECOMMENDATION AND PUBLIC COMMENTS: The Genoa Charter Township Planning Commission recommended APPROVAL of this rezoning at their June 11, 2018 meeting. The public hearing for this rezoning was also held on June 11, At the public hearing there was one comment from an adjacent land owner about fencing and buffering the site from his land.

9 ANALYSIS BY: Kline-Hudson DATE: July 6, 2018 CASE NUMBER: Z PAGE: 2 ENVIRONMENTAL CONDITIONS: Soils/Topography: Wetlands: Vegetation: Natural Areas: The Livingston County Soil Survey indicates that the primary soil on-site is well-drained Boyer Oshtemo loamy sands of 0-12% slope. These soils present only slight limitations for non-farm development. The soil survey also indicates that the northeastern corner of the site was a former gravel pit with muck soils adjacent to the west surrounding a wetland. A large swath of muck soil is also present at the southeast corner of the site. The National Wetland Inventory indicates that a portion of a 26+ acre wetland is present near the northeast corner of the site where the muck soils are present. Additionally, three smaller wetlands are present on the western side of the site. Two of these wetlands are located entirely on the site and they are both less than 3 acres in size. The third small wetland in this area is only partially located on-site, and it is noted as less than 5 acres in size. The site appears to be sparsely vegetated except for scrub/shrub vegetation that surrounds the wetlands and muck soils. There are no Priority 1,2 or 3 natural areas located on this site. 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: MUPUD Mixed Use Planned Unit Development Master Plan: LDR Low Density Residential SUBJECT SITE Existing Land Use: Brighton Recreation Area Existing Land Use: Vacant Existing Land Use: Brighton Recreation Area and residential subdivision WEST Zoning: PRF Public Recreation Facilities Zoning: AG Agricultural Zoning: LDR Low Density Residential EAST Master Plan: Agriculture/Country Estate Master Plan: LDR Low Density Residential Master Plan: LDR Low Density Residential HAMBURG TOWNSHIP Existing Land Use: Brighton Recreation Area Zoning: Single Family Medium Density Residential and Public and Private Recreational Facilities Master Plan: Public and Private Recreational Facilities (Brighton Recreation Area) and Rural Low Density Single Family Residential SOUTH

10 ANALYSIS BY: Kline-Hudson DATE: July 6, 2018 CASE NUMBER: Z PAGE: 3 TOWNSHIP MASTER PLAN: The Genoa Charter Township Master Plan designates the site and the parcels immediately surrounding it to the north and east, as LDR Low Density Residential. The master plan defines this future land use category as follows: Low Density Residential: These areas are designated for single family residential use, located on the fringe between the rural residential and the more urbanized areas of the Township. While these areas are not planned for sewer service, they have fewer environmental constraints found in the Rural Residential. Single family residential uses within these areas will be located on lots of at least 1 acre in size. To the south of the site in Hamburg Township, the adjacent land is master planned Public and Private Recreational Facilities (Brighton Recreation Area) and Rural Low Density Single Family Residential (2 acres) where a small residential subdivision is located. 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 construction of Chestnut Springs residential development consisting of 25 single-family site condominiums. The proposed residential use of the site is consistent with the Genoa Township Future Land Use designation of Low Density Residential land use. The requested LDR Low Density Residential zoning is also consistent with adjacent residential zoning to the north, east and south (Hamburg Township), and is a lower density than much of the surrounding residential zoning. The Impact Assessment prepared for the site states: The developer is currently in the process of acquiring a permit for the activities that impact the MDEQ regulated wetlands, including detention and grading activities. and In general, the natural wetland features on site will be undisturbed and utilized as part of the natural aesthetic of the development. The character of this area is greatly influenced by the presence of the Brighton Recreation Area, which is partially adjacent to the site on three sides. Much of the land area is vacant recreation land or rural residential development. The proposed Chestnut Springs will blend with the land use pattern of the area. COUNTY PLANNING STAFF RECOMMENDATION: Approval. The proposed rezoning to LDR Low Density Residential is consistent with surrounding residential zoning and the master plan designation of LDR Low Density Residential for the site. Additionally, the proposed Chestnut Springs residential development should not have a detrimental impact on surrounding Brighton Recreation Area lands.

11 ANALYSIS BY: Kline-Hudson DATE: July 6, 2018 CASE NUMBER: Z PAGE: 4 Genoa Charter Township Land Use - Sections 33 and 34 Genoa Charter Township Zoning - Sections 33 and 34

12 Livingston County Department of Planning M E M O R A N D U M TO: Livingston County Planning Commissioners and the Tyrone Township Board of Trustees Kathleen J. Kline-Hudson Director Robert A. Stanford Principal Planner Scott Barb PEM Principal Planner FROM: DATE: July 1, 2018 Robert Stanford, Principal Planner SUBJECT: Z Amendments to Zoning Ordinance Articles - SECTION 26.04: NONCONFORMING STRUCTURES RE: REBUILDING NONCONFORMING STRUCTURES The Tyrone Township Planning Commission proposes to add a new amendment to the township zoning ordinance regarding rebuilding nonconforming structures, specifically: Section 26.04: Nonconforming Structures. With these amendments, the township desires to establish criteria to allow the rebuilding of existing nonconforming structures after fire, tornado, or other damage not caused by the owner, where repair is not possible or reasonable, when conditions exist such that the rebuilding will not result in any adverse health, safety, and welfare concerns. NOTE: When existing (current) text are utilized in this review for illustrative purposes, additions (or newly proposed text) are noted in underlined bold font while deletions to existing text are noted in strikethrough font (Times New Roman). Planning Staff comments are noted in bold italic underline fashion (Arial). Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site co.livingston.mi.us Tyrone Township proposes to revise Section of the township zoning ordinance with entirely new language regarding rebuilding nonconforming structures: SECTION NONCONFORMING STRUCTURES B. Reconstruction of a Nonconforming Structure. The ability to reconstruct a nonconforming structure shall be determined by the standards below. A nonconforming structure that does not meet these standards shall not be reconstructed: 1. A nonconforming structure damaged by any means that can be salvaged with reasonable repairs, as determined by the County Building Official or a Township-contracted State-registered Building Inspector, shall be permitted to be repaired and utilized as a nonconforming structure.

13 Z-26-18: Tyrone Township Amendments to Article 26: Nonconforming Structures July 1, 2018 Page 2 2. Definition of a catastrophic event. An occurrence of wind, lightning, tornado, fire, or other natural disaster deemed similar by the Planning Commission which results in damage to a nonconforming structure. Damage such as vehicular accidents, vandalism, or similar, may be considered a catastrophic event if it can be demonstrated the owner of the structure did not intentionally cause the damage. 3. A nonconforming structure damaged by a catastrophic event beyond reasonable repair, as determined by the County Building Official or a Township-contracted State-registered Building Inspector, may be permitted to be reconstructed as a nonconforming structure after a public hearing and Planning Commission review and approval. Planning Commission shall determine that the following standards are observed: a. Neighborhood Compatibility. The nonconforming structure will be designed, constructed, and maintained to be compatible with the existing character of the general vicinity in consideration of: 1. Environmental impacts and drainage 2. Views 3. Aesthetics 4. Noise, vibration, glare, and air quality 5. Traffic 6. Property values b. Health, Safety, and Welfare. The proposed use shall be designed, located, planned, and operated to protect the public health, safety, and welfare. c. Additional Development. The nonconforming structure shall be of a location, height, and nature that will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value. d. Unreasonable Burden. Reconstruction of a similar structure in strict conformance with the standards of the Zoning Ordinance will be unreasonable or unnecessarily burdensome, preventing the use of land for any and all permitted purposes. e. Substantial Justice. Reconstruction of the nonconforming structure will provide substantial justice to the appellant and will not prove injurious to property owners in the vicinity.

14 Z-26-18: Tyrone Township Amendments to Article 26: Nonconforming Structures July 1, 2018 Page 3 STAFF COMMENTS: 1) One question borne out of examining these amendments is the basic reasoning behind or basis for the Township needing to add these provisions. County Planning Staff contacted the Township Planning Commission for further information related to this question. Staff received the following answer: We have encountered several situations where this is problematic for the homeowner. One recent example is a family moved into a home which had a nonconforming detached accessory structure (garage) which was destroyed during a power outage by a generator fire. Under the current ordinance, not only could they not rebuild, but they also had a hardship since their recent mortgage was in part approved by the LTV ratio which included the detached garage. Upon review, the historical location of the garage was not an issue with the adjacent lot. Building a new detached garage in a different location created a number of additional hardships. The Township Board therefore asked the Planning Commission to consider limited cases to allow rebuilding when doing so would have no adverse impact. We have therefore established criteria similar to the ZBA variance approval process to determine if allowing rebuilding is justified. This includes a requirement that the damage to the structure was due to a catastrophic event, which we have defined, and a determination the structure will be compatible with the neighborhood, have no adverse health or safety impacts, and will not interfere or impact future development on adjacent property. 2) Another question borne out of examining these amendments is whether the Township is establishing a procedural precedence here, establishing a practice not normally/typically allowed in other communities. County Planning Staff again had much conversation in this regard with the Township Planning Commission. In addition, County Planning Staff researched the occurrence of allowing rebuilding of legal nonconforming structures in their previous nonconforming status when the structure has been destroyed by a natural disaster, and surprisingly there are many such similar examples found throughout the county. In most of the examples there are considerable conditions attached to this provision. In this regard, Staff believes that not only is the Township not establishing any type of untraditional procedural or administrative precedent here with the proposed amendments, but they have taken a quite careful and comprehensive approach to this process, as there are several sound-planning conditions attached to this process as well, such as requiring the determination of beyond reasonable repair being done by either the County Building Official or a Township-contracted State-registered Building Inspector, as well as Neighborhood Compatibility, Health, Safety and Welfare, Additional Development, Unreasonable Burden and Substantial Justice provisions. Staff believes that the Township has taken every effort to limit the number of occurrences of these types of situations by placing a number of significant requirements in the language, although in reality, a large-scale catastrophic event, such as a tornado could result in several occurrences.

15 Z-26-18: Tyrone Township Amendments to Article 26: Nonconforming Structures July 1, 2018 Page 4 County Planning Staff s initial concerns with these amendments were also addressed through correspondence with the Township Planner. In summary their comments were as follows: In many communities, this type of determination is typically handled by the ZBA. However, the PC could, and does, handle subjective determinations elsewhere in the ordinance. An example of the PC making similar determinations includes the entire Special Land Use process, which is focused on neighborhood characteristics, compatibility with adjacent properties and the natural environment, harmony with existing development patterns, etc. These are all subjective determinations the PC makes, and for the purposes of the proposed ordinance the PC s role is very similar. [The Township is] absolutely unconventional in allowing some discretion on nonconforming structures, but as a larger matter of Township ideology, [The Township]has essentially said [they] do not want to take a hard line on nonconformities. It makes sense that [the Township] only use the ZBA where [their] hard line regulations cannot be achieved. If [the Township] is sending every nonconforming structure rebuild request to the ZBA knowing there s flexibility in how the Township wants to treat them, [the Township] is not using the ZBA how [they] should. In terms of economic hardship, the cost to the applicant will be the same regardless of whether the PC or the ZBA hears the case [the Township] is including a public hearing component for the PC, so the notice cost is essentially fixed. Staff would suggest that the Township review the table on page 26-2, part of Section 26.00, which is entitled: Summary of Nonconforming Regulations, to make sure it does not need to be updated as a result of approving these amendments. Staff would also suggest that the Township consider adding a time-period provision, such that rebuilding must commence within a certain time period (9-18 months) after the catastrophic event takes place. Township Recommendation: Approval. The Tyrone Township Planning Commission recommended Approval of the text amendments at their May 15, 2018 meeting. There were no public comments. Staff Recommendation: Approval. While these amendments on their face appear to be very nontraditional, however, they are not prescedent-setting, as compared to similar-related provisions which can be found in municipalities throughout the country. With the number of conditions included in the provisions, it is apparent that Tyrone Township has taken every effort to be as comprehensive as possible in addressing the main concerns that may arise from implementing this unique process. The amendments should serve the Township well if such an unfortunate catastrophic event ever take place in the future.

16 Livingston County Department of Planning M E M O R A N D U M TO: Livingston County Planning Commissioners and the Tyrone Township Board of Trustees Kathleen J. Kline-Hudson Director Robert A. Stanford Principal Planner FROM: DATE: July 1, 2018 Robert Stanford, Principal Planner SUBJECT: Z Amendments to Zoning Ordinance Articles - New Section - Section 21.02H: Regulations for Detached Accessory Structures RE: DETACHED ACCESSORY STRUCTURES ON ADJACENT LOTS Scott Barb PEM Principal Planner Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site co.livingston.mi.us The Tyrone Township Planning Commission proposes to add a new amendment to the township zoning ordinance regarding nonconformities, specifically, a newly proposed Section H. Regulations for Detached Accessory Structures on Adjacent Lots. The proposed text is intended to provide accommodations for owners of lakefront properties who also own semi-adjacent parcels separated by a road easement, so they can erect accessory structures on said semi-adjacent parcels, under certain circumstances. Tyrone Township currently requires all accessory structures in single family residential districts, except larger FR Farming Residential lots or parcel, be accessory to a principal residence. Recognizing that under some very limited circumstances, where topography, lot size, or other constraints might prohibit construction of a detached accessory structure on the same lot, and where the owner owns an adjacent lot across a private road, public right of way, a shared private driveway, or other easement, the owner may be able to construct a detached accessory structure conditional upon establishing deed restrictions inclusive of the Township s right of refusal, and if said construction has the outward appearance of single family homes in the immediate area. NOTE: When existing (current) text are utilized in this review for illustrative purposes, additions (or newly proposed text) are noted in underlined bold font while deletions to existing text are noted in strikethrough font (Times New Roman). Planning Staff comments are noted in bold italic underline fashion (Arial). Tyrone Township proposes to add the following entirely new subsection to its township zoning ordinance, titled: Section H. Regulations for Detached Accessory Structures on Adjacent Lots, regarding rebuilding nonconforming structures:

17 Z-27-18: Tyrone Township Amendment to Articles 21.02H: Detached Accessory Structures on Adjacent Lots July 1, 2018 Page 2 Section H. Regulations for Detached Accessory Structures on Adjacent Lots H. Detached Accessory structures located on Adjacent Lots. In limited instances an accessory structure, for the purposes of this section defined as outbuildings, may be placed on property on which there exists no structure intended for a permitted principal use, subject to the following: i. Intent. Tyrone Township recognizes there are limited instances where a Residential parcel is not large enough to accommodate a residential structure and a detached accessory structure. In these circumstances, it may be appropriate to permit a structure typically considered accessory, such as a garage, as the sole structure on a property. The Township also recognizes this situation has the potential to invite property neglect, maintenance concerns, theft due to non-occupation, change in neighborhood character, and other negative effects. This section is intended to permit outbuildings as defined herein, while simultaneously introducing safeguards to ensure proper maintenance and continuation of neighborhood character. ii. Definitions. a. Adjacent Lots. Properties on which all the following are true: i. Two parcels or lots owned and utilized by the same individual or entity; ii. Separated by a public right-of-way, private road easement, shared driveway, or any other kind of roadway that serves multiple lots; iii. Nearest lot lines overlap by at least 50% for each parcel or lot (see Figure X); iv. Parcel boundaries are not separated by more than 66 feet at their closest point.

18 Z-27-18: Tyrone Township Amendment to Articles 21.02H: Detached Accessory Structures on Adjacent Lots July 1, 2018 Page 3 b. Outbuilding. The typically-accessory structure placed on a vacant parcel or lot. Said structure is subservient to a principal structure on an adjacent lot. iii. Applicability. The ability to place an outbuilding on an adjacent lot is limited to properties in the RE, R-1, R-2, and LK-1 Zoning Districts, in instances where it is demonstrated a conforming detached accessory structure cannot feasibly be constructed on a parcel with a residence due to setback or lot coverage limitations. For the purposes of this section, a structure shall be considered attached if a legally permitted roof, or portion thereof, is shared with the primary structure. One (1) of the properties must have frontage on a lake. No outbuilding shall be permitted on a parcel or lot with lake frontage. Only one outbuilding is permitted per permitted residential structure. iv. Special Land Use Approval Required. Outbuildings may only be permitted subject to special land use approval by the Township Board, subject to the standards and procedures of Article 22 of this ordinance. v. Special Land Use Standards for Outbuildings. a. Deed Restrictions. In considering approval of an outbuilding, the applicant must submit proof of recorded deed restrictions tying the sale, use, and occupation of both adjacent lots together. Tyrone Township shall be a named signatory for the dissolution of the deed restrictions so that in the event the owner wishes to sell the properties

19 Z-27-18: Tyrone Township Amendment to Articles 21.02H: Detached Accessory Structures on Adjacent Lots July 1, 2018 Page 4 independently of one another, the Township can verify the outbuilding has been removed or can be used for a permitted principal use. b. Agency and Association Approval. The applicant shall submit proof of approval, as applicable, from the agency with jurisdiction over the following: i. Roadway - Livingston County Road Commission, the governing neighborhood association, or similar; ii. Drainage - Livingston County Drain Commission; iii. Neighborhood Association Rules and Bylaws - Neighborhood association. c. Setbacks. Placement of outbuildings is subject to the required setbacks for principal structures in the zoning district. Such placement is intended to provide separation from adjacent properties and allow for future conversion of the structure into a habitable primary structure. d. Landscape Requirements. A landscape plan must be provided. The front yard of any property used for an outbuilding must be landscaped in a manor characteristic of residential structures in the neighborhood. e. Architectural Guidelines. The proposed outbuilding shall be designed to reasonably mimic the design characteristics of the residential structures of the neighborhood, including building materials, roof pitches, architectural flourishes, front door placement, windows, colors, and other unique characteristics, as determined by the Planning Commission. Exterior lighting characteristic of residential structures must be provided and should be oriented to minimize light intrusion on adjacent properties. f. Outbuilding Size. The building footprint of any outbuilding shall comply with the following standards intended to encourage sizes characteristic of single-family residential structures: One Story 1,200 sq. ft. One and one-half Story 850 sq. ft. - 1,200 sq. ft. Two Story 900 sq. ft. - 1,200 sq. ft.

20 Z-27-18: Tyrone Township Amendment to Articles 21.02H: Detached Accessory Structures on Adjacent Lots July 1, 2018 Page 5 vi. Ongoing Property Maintenance. Outbuildings on adjacent lots shall be maintained in a manner characteristic of the residential properties in the neighborhood. Violations may result in civil infractions or revocation of the special land use and the forced removal of the outbuilding. Ongoing maintenance includes, but is not limited to: a. Regularly mowed turf, if applicable; b. Vegetation remains viable and orderly; c. The structure remains in good repair; d. External storage of any equipment, vehicles, or materials for a duration exceeding 24 hours is prohibited; e. Regular maintenance of neighborhood-appropriate landscaping. vii. Transfer or Sale. viii. Occupancy. The terms of the special land use approval remain valid in the event of a sale or transfer of the adjacent lots. New owners are required to comply with the plans and conditions of record for the approved special land use. An accessory building permitted under this section may not be used as permanent or temporary living quarters unless expressly authorized by Tyrone Township. Township Recommendation: Approval. The Tyrone Township Planning Commission recommended Approval of the text amendments at their May 15, 2018 meeting. There were no public comments. Staff Recommendation: Approval. Staff believes the proposed amendments are reasonable and compatible with existing township ordinance language. The number of specific conditions included in the provisions are fairly comprehensive in scope. The provisions should serve the Township well into the future.

21 Livingston County Department of Planning M E M O R A N D U M TO: Livingston County Planning Commissioners and the Tyrone Township Board of Trustees Kathleen J. Kline-Hudson Director Robert A. Stanford Principal Planner Scott Barb PEM Principal Planner FROM: DATE: July 1, 2018 Robert Stanford, Principal Planner SUBJECT: Z Amendments to Zoning Ordinance Articles - Section 4.03.H: Special Land Uses in FR and RE, Item H. Recreational Areas, and Section H. Regulations for Detached Accessory Structures on Adjacent Lots, RE: PUBLIC-PRIVATE COMMERCIAL RECREATION IN FR and RE DISTRICTS The Tyrone Township Planning Commission proposes new amendments to be added to the township zoning ordinance regarding public-private commercial recreation in the FR and RE zoning districts. With these amendments, the township finds it necessary to establish criteria and requirements for seasonal and longer term recreational activities. These activities may include haunted forests, a maze field, an ice climbing site, and other similar activities with a variety of intensities. NOTE: When existing (current) text are utilized in this review for illustrative purposes, additions (or newly proposed text) are noted in underlined bold font while deletions to existing text are noted in strikethrough font (Times New Roman). Planning Staff comments are noted in bold italic underline fashion (Arial). Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI (517) Fax (517) Web Site co.livingston.mi.us Tyrone Township proposes to add the following two (2) entirely new subsections to its township zoning ordinance, entitled: Section 4.03.H: Special Land Uses in FR and RE, Item H. Recreational Areas, and Section F Public and Private Recreation Areas and Facilities, regarding public and private commercial recreational areas in the FR and RE districts: ARTICLE 4 FR - FARMING RESIDENTIAL DISTRICT RE - RURAL ESTATE RESIDENTIAL DISTRICT Section 4.03.H Special Land Uses in FR and RE H. Recreational Areas. Recreational areas, institutional or community recreation centers, swimming pool or similar clubs, seasonal recreation areas, and other similar or unique recreational uses, whether public or private, and those uses found substantially similar by the Township may be considered subject to additional requirements in Section F.

22 Z-28-18: Tyrone Township Amendments to Articles 4 and 22: Public and Private Recreation Areas and Facilities July 1, 2018 Page 2 ARTICLE 22 SPECIAL LAND USES Section F Public and Private Recreation Areas and Facilities F. Public and Private Recreational Areas and Facilities. Recreation areas, institutional or community recreation centers, swimming pool or similar clubs, seasonal recreation areas, and other similar or unique recreational uses, whether public or private, or those uses found substantially similar by the Township, are subject to the following conditions: 1. Description of Use. Plans for commercial recreation areas and facilities must include a written statement of use describing the purpose of the facility, the uses proposed, whether the uses will require formal memberships or will be available to the public, whether the use will be permanent, year-round, or seasonal in nature, intended hours of operation, number of employees on a maximum shift, facility bylaws, nuisance mitigation measures, and other information applicable to the business and use. 2. Compatibility of Use. Commercial recreational areas and facilities may be permitted in residential districts only where it can be determined that the commercial nature of the use does not affect the primarily residential character of the site and surrounding properties. Factors concerning the public health, safety, and welfare of the public, including, but not limited to, liability insurance, parking assistance, safety and security contractors, refuse disposal etc., may be required to ensure compatibility of use. 3. Intensity of Use. Recreation areas and facilities may be approved administratively by the Zoning Administrator after it has been demonstrated to his/her satisfaction there will be minimal adverse impacts to the surrounding properties or neighborhood in terms of intensity of use, noise, odor, visual nuisance, traffic, landscape, drainage, duration of use, or any other identified potential impact. The Zoning Administrator may request the opinion of a subcommittee of the Planning Commission to assist in a determination of appropriateness of administrative review. All uses not deemed appropriate for administrative review shall be reviewed as a special land use. 4. Traffic Impacts and Road Access. The proposed use must not generate traffic volumes of an amount that will create hazardous conditions for users of adjacent properties or contribute to altered character of properties in the vicinity. The Township may request formal feedback from the Livingston County Road Commission and an independent traffic study to determine impacts.

23 Z-28-18: Tyrone Township Amendments to Articles 4 and 22: Public and Private Recreation Areas and Facilities July 1, 2018 Page 3 5. Landscaping and Setbacks. Landscaping and screening must achieve the standards of Article 21A of this Ordinance. The Township may waive certain landscape requirements where it is determined that the intent of the landscaping standards is achieved with existing site conditions. The setback standards in Section of this Ordinance apply to all structures associated with the commercial recreation area. Accessory buildings and structures shall be located in accordance with Section 21.02, Accessory Buildings and Structures Provisions, to the extent feasible. Due to the unique and diverse nature of recreation areas defined herein, the Township may modify side and rear setback requirements to accommodate unique circumstances or structure types. Modification of setbacks may only be considered where vegetative screening, berming, or other form of buffering is proposed to help minimize the effect of the modified setback. 6. Parking. The number of off-street parking spaces provided in support of temporary uses may be considered on a case-by-case basis. Where specific parking space requirements cannot be determined by Section or credible external resources, the site must dedicate 320 square feet of land area for parking per expected vehicle at maximum anticipated capacity. STAFF COMMENT: Regarding item #6 here, providing a specified area for dedicated parking area (i.e., 320 sq. ft.) for instances where specific parking requirements cannot be determined by Section or credible external resources appears to be a great solution here. a. Off-street parking. Off-street parking is subject to the standards of Article 25 of this Ordinance, but certain design standards may be waived to permit informal parking areas with surfaces of turf, mulch, stone, or other similar material suitable for driving or parking. Parking area delineation may be accomplished by paint, string, or other means deemed appropriate by the Planning Commission. STAFF COMMENT: Allowing for surfaces for parking areas, such as turf, mulch, stone, etc., in these types of situations is a great alternative to reducing the amount of impervious surface associated with the recreational use. b. On-street parking. On-street parking is prohibited unless authorization is expressly granted by the Livingston County Road Commission, MOOT, or other applicable authority of record for the road right-ofway. 7. Use-Specific Standards. The following standards are intended to be for a specific use and may not apply to all commercial recreation areas and facilities:

24 Z-28-18: Tyrone Township Amendments to Articles 4 and 22: Public and Private Recreation Areas and Facilities July 1, 2018 Page 4 a. Pools. Whenever a pool is constructed under this ordinance, said pool area shall be provided with a protective fence at least six (6) feet in height, and entry shall be provided by a controlled gate. Additional standards of the Michigan Construction Codes may apply as determined by the Building Official. b. Shooting range, war games club, trap and skeet range/club, archery range. A fence at least six (6) feet high shall be erected around the perimeter of the property. On-site facilities shall not be located within two hundred (200) feet of the property line. If the site is used for "war games" utilizing air guns, a fence at least six (6) feet high shall be erected around the perimeter of the property. In addition, ropes, ribbons or similar materials shall be erected or hung from trees to form a visible line of demarcation at least fifty (50) feet inside of and parallel to the perimeter fence. Signs clearly stating NO TRESPASSING shall be erected around the perimeter fence as approved by the Zoning Administrator. Site plans for any use described in this paragraph may be forwarded to the County Sheriff for approval and determination of adequate safety. STAFF COMMENTS: Because of the unique and inherent dangerous nature of these types of uses, (as a follow up after formally approving these amendments) if there is a way that the Township could setup a formal arrangement with local law enforcement offices or officials, whereby site plans are indeed reviewed by these entities in these certain circumstances as a part of this process, it would be very beneficial to all concerned. 8. Deviations. The Township anticipates a large variety of potential recreational areas and facilities that may be considered as a special land use as described herein. Accordingly, the Planning Commission may consider minor deviations from the ordinance standards herein after a public hearing has been held, where the purpose and intent of this article and the zoning ordinance are supported. The Planning Commission may also request additional reasonable information in order to make a determination that the proposed use will not negatively impact the health, safety, and welfare of adjacent property owners and the greater community. Standards for deviations include: a. Substantial Justice. Proposed deviations will provide substantial justice to the appellant as well as to other property owners in the vicinity. Resulting development will relate harmoniously with adjacent land uses and will not alter the essential character of the neighborhood. b. Minimum Deviation Required. The requested deviation will be the minimum required to provide substantial justice and the deviation can be granted in such fashion that the spirit of these regulations will be supported and public safety and welfare secured.

25 Z-28-18: Tyrone Township Amendments to Articles 4 and 22: Public and Private Recreation Areas and Facilities July 1, 2018 Page 5 c. Extraordinary Circumstances. There are conditions applicable to the use or property involved that do not apply generally to other properties and uses in the area. The circumstances shall not be self-created by the owner or a former owner of the land. The described circumstances or conditions shall uniquely identify this request. c. No Safety Hazard or Nuisance. The deviation will not increase the hazard of fire or otherwise endanger public safety or create a public nuisance. STAFF COMMENTS: These are excellent elements to include in a section such as this, with many potentially different variables for the Planning Commission to consider. Tackling them upfront here, rather than relying on, what many times in these situations requires a ZBA decision, is a great way to consolidate decision-making processes. 9. Annual Review. On an annual basis, special land uses described herein will undergo review. Due to the unique and potentially evolving nature of these types of uses, the annual review is intended to ensure operations are in harmony with the surrounding neighborhood as intended, conditions of the approval are being followed, improvements to operations are identified and mutually agreedupon, and the interests of the owner/operator and Township are supported. a. Annual Report. The owner/operator of the Special Land Use shall submit a written report to the Township Zoning Administrator detailing ongoing operations, compiling complaints received and their resolution, listing police or zoning enforcement activities, identifying potential improvements to the site that could further ensure minimized impact on the surrounding community, and calling out desired changes in operation which would require updating the approved plan. b. Township Review. The Township Zoning Administrator, in collaboration with a subcommittee of the Planning Commission and Township consultants, as necessary, shall review the annual report and identify changes to the site or operation which may necessitate amending the special land use. c. Actions. If the Zoning Administrator identifies no issues or discretionary decisions to be made, the annual report may be filed, and no further actions are required. If there are concerns to address or updates to the approved land use required, the report is to be directed to the Planning Commission to discuss at a subsequent Planning Commission meeting with potential action to be taken in accordance with the Special Land Use approval procedures of the Zoning Ordinance.

26 Z-28-18: Tyrone Township Amendments to Articles 4 and 22: Public and Private Recreation Areas and Facilities July 1, 2018 Page 6 d. Costs. Reasonable costs incurred for annual review will be the responsibility of the operator of the Special Land Use. e. Review Waiver. The Zoning Administrator may, at the time of an annual review, consider an alternative review. STAFF COMMENT: Including these elements as a means for continued follow up by the Township is a very important and great addition to this section. Township Recommendation: Approval. The Tyrone Township Planning Commission recommended Approval of the text amendments at their May 15, 2018 meeting. There were no public comments. Staff Recommendation: Approval. The amendments are comprehensive, well-written and understandable, and do not appear to impose any unnecessary additional hardships on applicants or to the process. Staff would encourage the Township to consider the comments highlighted in the review prior to formal approval of the amendments by the Township Board.

27 LIVINGSTON COUNTY PLANNING DEPARTMENT ZONING REVIEW CASE NUMBER: Z LOCATION: Deerfield Township, MI SECTION NUMBER: Section 12 TOTAL ACREAGE: 18.5 acres APPLICANT/OWNER: Joe and Thomas Colbert CURRENT ZONING: A-1 General Agriculture PERMITTED USES (Not all inclusive): Agriculture, public and private conservation; single family dwellings; day care and family homes; foster care facilities; accessory uses incidental to permitted uses. REQUESTED ZONING: A-4 Small Farm (2-acre minimum) 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; private and public campgrounds; vet clinics; day care group home; golf courses; private landing strips; bed and breakfasts; rural open space options; day cares; outdoor recreation centers. MINIMUM LOT AREA: Twenty (20) acres. SPECIAL USES (Not all inclusive): Churches, shooting ranges, campgrounds, kennels, vet clinics, day care and group homes, golf courses and country clubs, private landing strips, bed & breakfasts, home occupations. MINIMUM LOT AREA: Two (2) acres. ZONING: LAND USE: TOWNSHIP PLANNING COMMISSION RECOMMENDATION AND PUBLIC COMMENTS: The Deerfield Township Planning Commission recommended approval of the proposed rezoning at the June 21, 2018 public hearing. No major comments were recorded at the public hearing. ESSENTIAL FACILITIES: SANITARY SEWER: Private septic fields. WATER SUPPLY: Private wells on property. ACCESS ROAD(S): Properties will be accessed via Turner Road.