Livingston County Department of Planning

Livingston County Department of Planning LIVINGSTON COUNTY PLANNING COMMISSION MEETING Wednesday, April 18, 2018 6:30 p.m. Administration Building, Board of Commissioners Chambers 304 East Grand River, Howell, MI 48843 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 April 18, 2018 5. Approval of Meeting Minutes March 21, 2018 6. Call to the Public 7. Zoning Reviews A. Z-01-18 Marion Township, Zoning Ordinance Amendment, Article III Definitions, Article VIII Residential Districts, and Article X Industrial Districts B. Z-02-18 Marion Township, Zoning Ordinance Amendment, Article III Definitions, Article IX Commercial Districts, and Article XVII Standards for Specific Special Land Uses C. Z-13-18 Putnam Township, Zoning Ordinance Amendment, Section 340-39 Alternative Energy Systems Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI 48843-2323 (517) 546-7555 Fax (517) 552-2347 Web Site co.livingston.mi.us D. Z-14-18 Hamburg Township, Zoning Ordinance Amendment, Article 4 Site Plan Review, Section 4.3 Applicability and Article 9 Environmental Provisions, Section 9.2.4 Standards for Agricultural, Scenic, or Recreational Ponds E. Z-15-18 Howell Township, Rezoning, RSC to HC in Section 29 8. Old Business A. Amendment and adoption of An Ordinance For The Creation Of A Planning Commission For Livingston County, Michigan 9. New Business

10. Reports A. County Planning Staff Report i. Planning Commission Vacancy ii. Master Plan Schedule 11. Commissioners Heard and Call to the Public 12. Adjournment

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 Principal Planner FROM: DATE: April 2, 2018 Robert Stanford, Principal Planner SUBJECT: Z-01-18 Amendments to Zoning Ordinance Article - Article III: Definitions Article VIII: Residential Districts: Section 8.01 RR: Rural Residential District Article X: Industrial Districts: Section 10.01 LI: Light Industrial District Scott Barb PEM Principal Planner The Marion Township Planning Commission proposes to revise the following Articles/Sections regarding landscape operations and contractor yards: Article III: Article VIII: Article X: Definitions Residential Districts: Section 8.01 RR: Rural Residential District Industrial Districts: Section 10.01 LI: Light Industrial District 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 48843-2323 (517) 546-7555 Fax (517) 552-2347 Web Site co.livingston.mi.us Marion Township proposes to revise its township zoning ordinance regarding landscape operations and contractor yards: Add The Following New Definitions: Section 3.02 Definitions Landscape Contractor's Buildings, Offices and Yards: A space, building or structure, or combination thereof, used exclusively for the storage of equipment, tools, vehicles, and materials used in or associated with such a business and/or the retail sale of live trees, shrubs or plants not grown on the property. Products used for gardening or landscaping such as, but not limited to fertilizers, mulch, groundcovers, boulders, etc., may also be sold.

Z-01-18: Marion Township Amendments to Articles III, VIII, and X: Landscape Operations and Contractor Yard April 2, 2018 Page 2 Landscape Contractor's Operation: A business engaged in the practice of improving building sites or other grounds by contouring the land and planting flowers, shrubs, and trees. A Landscaping Contractor's Operation typically consists of equipment, tools, vehicles, and materials used in or associated with such a business. Plant nursery, greenhouse, farm related: A parcel, area, space, building or structure, or combination thereof, used chiefly for the storage, wholesale sale, or retail sale, of live trees, shrubs, and plants exclusively grown onsite. The area and amount of such structures, equipment, vehicle storage and other areas dedicated to the use shall be consistent with the residential character of the area and shall not adversely impact neighboring properties. Delete The Following Definitions: Nursery, Commercial: A space, building or structure, or combination thereof, used exclusively for the storage or retail sale of live trees, shrubs or plants not grown on the property. Products used for gardening or landscaping such as, but not limited to, fertilizers, mulch, groundcovers, boulders, etc., may also be sold. Revise The Following Definitions: 2. Farm Operation, Crops. The operation and management of a farm or a condition or activity that occurs at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of farm products, and includes, but is not limited to: a. Marketing produce at roadside stands b. The generation of noise, odors, dust, fumes, and other associated conditions c. The operation of machinery and equipment necessary for a farm including, but not limited to, irrigation and drainage systems and pumps and on~farm grain dryers, and the movement of vehicles, machinery, equipment, and farm products and associated inputs necessary for farm operations d. Field preparation and ground and aerial seeding and spraying. e. The application of chemical fertilizers or organic materials, conditioners, liming materials, or pesticides f. Use of alternative pest management techniques g. The fencing, feeding, watering, sheltering, transportation, treatment, use, handling and care of farm animals not for profit h. The management, storage, transport, utilization, and application of farm byproducts, including manure or agricultural wastes i. The conversion from a farm operation activity to other farm operation activities j. The employment and use of labor. This use includes greenhouses, plant nurseries, and orchards, but does not include nurseries (see definition) landscape contractor's operations (see definition).

Z-01-18: Marion Township Amendments to Articles III, VIII, and X: Landscape Operations and Contractor Yard April 2, 2018 Page 3 Township Zoning Ordinance Section 8.01 B. titled "Uses Permitted By Right" is modified as follows: Section 8.01 RR: Rural Residential District B. Uses Permitted By Right: 1. Single-family dwellings. 2. Agricultural buildings and agricultural operations involving no more than two hundred (200) animal units at a density not to exceed 1.4 animal units per acre. 3. Landscape Plant nursery operations, greenhouse, farm related including retail sales of nursery stock grown on the premises. 4. Public or private conservation areas, parks, game refuges, and similar uses. S. Family day care homes. 6. Adult foster care small group homes. 7. Accessory buildings. Township Zoning Ordinance Section 8.01 C. titled "Permitted Accessory Uses" is modified as follows: Section 8.01 RR: Rural Residential District C. Permitted Accessory Uses: 1. Accessory uses or structures, clearly incidental to the operation of an existing farm, including: a. Agricultural buildings, pole barns, sheds, greenhouses and similar structures customarily incidental to the permitted principal use. Township Zoning Ordinance Section 10.01 B. titled "Uses Permitted By Right" is amended to add the following new Subsection 10.01 B. 16. Section 10.01 LI: Light Industrial District B. Uses Permitted By Right: (16) Landscape Contractor's Buildings, Offices and Yards Township Recommendation: Approval. The Marion Township Planning Commission recommended Approval of the text amendments at their February 27, 2018 meeting. There were no public comments. Staff Recommendation: Approval. The proposed text amendments are reasonable and appropriate appear to add no further undue hardship on the public. The proposed revisions to these Sections appear to improve the intended nature of these types of land uses through more distinct and detail-specific regulatory provisions.

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 Principal Planner FROM: DATE: April 2, 2018 Robert Stanford, Principal Planner SUBJECT: Z-02-18 Amendments to Zoning Ordinance Article - Article III: Definitions Article IX: Commercial Districts: Section 9.01 RR: Highway Service District Article XVII: Standards For Specific Special Land Uses: Section 17.34 Outdoor Vehicle Storage Scott Barb PEM Principal Planner The Marion Township Planning Commission proposes to revise the following Articles/Sections: Article III: Article IX: Definitions Commercial Districts: Section 9.01 RR: Highway Service District Article XVII: Standards For Specific Special Land Uses: Section 17.34 Outdoor Vehicle Storage The proposed amendments address revisions to the township zoning ordinance regarding outdoor vehicle storage. Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI 48843-2323 (517) 546-7555 Fax (517) 552-2347 Web Site co.livingston.mi.us 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). Marion Township proposes to revise its township zoning ordinance regarding outdoor vehicle storage: Modify Table Of Contents Add a New Section: Article XVII: Standards for Specific Special Land Uses Section 17.34 Outdoor Vehicle Storage

Z-02-18: Marion Township Amendments to Articles III, IX, and XVII: Outdoor Vehicle Storage April 2, 2018 Page 2 Add The Following New Definitions: Motor Vehicle: Any vehicle which is self-propelled. Recreational Vehicle: Includes travel trailers, pickup campers, motor homes, folding tent trailers, boats, boat trailers, snowmobiles, all terrain or special terrain vehicles, utility trailers, and similar equipment used for transporting recreational equipment. A vehicle primarily designed and used as a temporary living quarters for recreational, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle. Vehicle: Every device in, upon, or by which any person or property is or may be transported or driven upon a highway except devices moved by human power or used exclusively upon stationary rails or tracks. Modify Article IX: Commercial Districts, Section 9.01 HS: Highway Service District, Item D. Uses Permitted By Special Use Permit"- Add new subitem #11: D. Uses Permitted By Special Use Permit: 1. Public facilities, including municipal buildings, schools, libraries, recreational facilities, and similar uses and activities. 2. Automobile repair garage. 3. Automobile fueling/mixed-use station. 4. Billboards. 5. Communication towers. 6. Drive-in establishments including but not limited to: drive-in, drive-through, takeout, pickup, and other forms of in-vehicle retail or service establishments including restaurants, financial institutions, dry cleaning businesses, and similar facilities. 7. Motels and hotels. 8. Open air business uses such as retail sales of plant materials, sale of lawn furniture, playground equipment and garden supplies. 9. Outdoor commercial recreation facilities. 10. Adult Entertainment Uses (Amended 10/2000) 11. Outdoor Vehicle Storage, subject to additional requirements found in Section 17.34.

Z-02-18: Marion Township Amendments to Articles III, IX, and XVII: Outdoor Vehicle Storage April 2, 2018 Page 3 Modify Article XVII: Add New Subsection 17.34: Section 17.34 Outdoor Vehicle Storage A. Location Requirements: Outdoor Vehicle Storage uses are permitted by Special Use Permit in the Highway Service District. B. Site Requirements 1. The minimum lot area shall be three (3) acres. 2. Site Design and layout shall meet all applicable requirements and standards of Article VI: General Provisions, and Article XVIII: Site Plan Requirements C. Performance Standards 1. All vehicle storage sites shall contain a permanent enclosed office building. 2. No vehicles shall be stored in the front yard. 3. All lighting shall be shielded from adjacent residentially used or zoned districts. 4. No major repair or major refinishing shall be done on the lot. This includes but is not limited to a) Cylinder head replacement; b) Valve grinding or replacement; c) Repair, replace transmission, rear end, rear axles; d) Body work; e) Engine replacement; f) Repair of fuel tank; g) Radiator or heater core repair or replacement; h) Painting; i) Fender repair; j) Engine or transmission removal 5. Motor homes, mobile homes, or other large vehicles over eight (8) feet in height shall not be parked or stored any nearer to the property line than the required minimum setback distance of the HS: Highway Service District. 6. All such recreational vehicle and equipment storage must be operable and licensed to operate on the highways of the State of Michigan. 7. No person/s shall live temporarily or permanently in any vehicle stored on site.

Z-02-18: Marion Township Amendments to Articles III, IX, and XVII: Outdoor Vehicle Storage April 2, 2018 Page 4 D. Buffering Requirements: 1. The front yard shall be planted with trees, grass, and shrubs. The spacing and type of plant materials shall be consistent with the provisions of Section 6.13. 2. A solid fence, wall or earthen berm at least eight (8) feet in height shall be provided around the periphery of the site to screen said site from surrounding property. Such fence, wall or berm shall be of sound construction, painted or otherwise finished neatly and inconspicuously. Such fence, wall or berm shall be of permanent finish and construction. 3. Dependent on provided screening and buffering, required setbacks may be reduced or modified. 4. Dependent upon location, site angles, security or other factors; fence, wall or berm may be reduced or modified. STAFF COMMENTS: Along with sub-items entitled (A) Locational Requirements, (B) Site Requirements, and (C) Buffering Requirements, most all Special Uses identified and described in Section 17 include a sub-item entitled (D) Performance Standards, which typically addresses signage issues or other miscellaneous or use specific catch-all regulatory provisions not included in other sub-items, but still pertinent to that particular use. To ensure complete comprehensiveness, Staff would simply suggest that the Township perform a final review of the desired and intended regulatory provisions for this special land use to make sure there are no potential regulatory gaps for this special land use type which need to be included and addressed for which this sub-item could be utilized. Township Recommendation: Approval. The Marion Township Planning Commission recommended Approval of the text amendments at their February 27, 2018 meeting. There were no public comments. Staff Recommendation: Approval. The proposed text amendments are reasonable and appropriate. Staff would highly recommend that the Township consider Staff comments prior to final approval by the Township.

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: Livingston County Planning Commission and the Putnam Township Board of Trustees DATE: April 11, 2018 SUBJECT: Scott Barb, Principal Planner Z-13-18. Amendments to Zoning Ordinance: Article 3 General Provisions, Chapter 340-39 Alternative Energy Systems. The Putnam Township Planning Commission is proposing to amend the Township Zoning Ordinance by creating solar energy standards for various sections in the Ordinance. 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 340-39 Alternative Energy Systems The Township will be amending the following chapter by creating a new Part II that will contain the new solar standards. The new standards are summarized below: Part II: Solar Energy Systems A. Purpose. This section establishes requirements and procedures by which the installation and operation of an on-site solar energy system shall be governed within Putnam Township. Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI 48843-2323 (517) 546-7555 Fax (517) 552-2347 Web Site www.livgov.com B. Definitions: The following new definitions will be created: Building Integrated Photovoltaics (BIPVs): A private or commercial solar energy system that is integrated into the structure of a building, such as solar roof tiles and solar shingles. Solar Energy System: Any part of a system that collects or stores solar radiation or energy for the purpose of transforming it into any other form of usable energy, including but not limited to the collection and transfer of heat created by solar energy to any other medium by any means. Private Solar Energy System: A solar energy system used exclusively for private purposes and not utilized for any commercial resale of any energy, except for the sale of surplus electrical energy back to the electrical grid.

Commercial Solar Energy System: A solar energy system where the principal design, purpose or use of such system is to provide energy to off-site uses or the wholesale or retail sale of generated electricity to any person or entity. Roof or Building Mounted Solar Energy System: A private or commercial solar energy system attached to or mounted on any roof or exterior wall of any principal or accessory building, but excluding BIVPs. Ground Mounted Solar Energy System: A private or commercial solar energy system that is not attached to or mounted to any roof or exterior wall of any principal or accessory building. Staff Comments: The definitions are compatible with existing Ordinance language and within the industry specific context. C. General Requirements. All solar energy systems are subject to the following general requirements: 1) All solar energy systems must conform to the provisions of this Ordinance and all County, State, and Federal regulations and safety requirements as well as any other applicable standards. 2) Solar energy systems shall be located and placed so that concentrated solar glare shall not be directed toward or onto nearby properties or roadways at any time of the day. D. Private Solar Energy Systems. 1) Private Solar Energy System BIVPs. Private solar energy system BIVPs shall be permitted in all zoning districts and conform to all County, State, and Federal regulations and the Michigan Building Code. A Township Zoning Compliance Permit and Livingston County Building Permit will be required for the installation of any BIVPs. Private solar energy systems that are integrated into the building or structure will be permitted in all zoning districts. 2) Roof or Building mounted Private Solar Energy Systems will be considered as an accessory use in all zoning districts and subject to the following requirements: a) No part of the system erected on a roof shall extend beyond the peak of the roof. If mounted on a building in another location other than the roof, no part of the system may extend beyond the wall on which it is mounted. b) No part of a solar energy system mounted on a roof shall be installed closer than 3 feet from the edges of the roof, peak, or eave or valley in order to maintain pathways of accessibility. c) No part of any system mounted on a roof shall extend more than 2 feet above the surface of the roof. d) In the event any system has not been in operation for a period of 1

year, it shall be removed by the property owner within 6 months from the date of abandonment. e) A Putnam Township Zoning Compliance Permit and Livingston County Building Permit shall be required for installation of roof or building mounted private solar energy systems. 3) Ground Mounted Private Solar Energy Systems will be considered an accessory use in all zoning districts subject to the following requirements: a) Prior to installation of a ground mounted solar energy system, the property owner shall submit a site plan to the Zoning Administrator. The site plan must be drawn to scale and include setbacks, panel size, and location of property lines, buildings, fences, greenbelts, and road right-of-ways. b) Ground mounted systems shall not exceed the maximum building height for adjacent accessory buildings, but in no case shall the maximum height of any ground mounted system exceed fifteen (15) feet above the ground when oriented at maximum tilt. c) A ground mounted system shall be located in the rear yard and shall meet the side and rear yard setback requirements applicable in the zoning district in which it will be located. d) All power transmission lines wires or conduits from ground mounted systems to any other building or structure must be underground. If batteries are used as part of the ground system, they must be placed in a secured container or enclosure. e) There shall be greenbelt screening around any ground mounted system and equipment with the system to obscure the system from any adjacent residences. Greenbelts shall consist of shrubbery, trees, or other non-invasive plant species that provide a visual screen. In lieu of a greenbelt, a decorative fence may be used that meets the requirements of the Township Ordinance. f) No more than 20% of the total lot area may be covered by a ground mounted solar system. g) If the system has not been operational for a period of 1 year, the property owner will be required to remove the system within 6 months. h) A Putnam Township Zoning Compliance Permit and a Livingston County Building Permit will be required for installation of any ground mounted system.

E. Commercial Solar Energy Systems. Commercial solar energy systems shall only be allowed in the A-O Agricultural/Open Space zoning district as a special land use approved by the Planning Commission and Township Board. In addition to any other requirements for special land use approval, commercial solar energy systems shall be ground mounted and subject to the following requirements 1) The property owner or applicant for a commercial solar system shall provide the Planning Commission with proof of ownership of the subject property, a copy of any lease agreements or operation agreements that shall set forth the parameters of the operation, the name and contact of the certified operator, inspection protocol, emergency procedures, and general safety documentation. 2) Commercial solar energy systems shall be located on parcels of land no less than twenty (20) acres. 3) The commercial solar energy system shall meet all setbacks of the zoning district. 4) Height of any commercial solar energy system shall not exceed fifteen (15) feet when oriented at maximum tilt. 5) Landscaping and/or decorative fencing shall be provided to screen the system from view on all sides. 6) A site plan shall be submitted prior to installation that meets Article XIV of the Ordinance and includes a narrative on how the system will connect to the grid. 7) No commercial system shall be installed until evidence has been given to the Planning Commission that the electric utility company has agreed to an interconnection with the electrical grid or a power purchase agreement. All agreements must be furnished to the planning commission. 8) To ensure proper removal of a commercial energy system upon discontinued use or abandonment, applications shall include a description of the financial security guaranteeing removal of the system which must be posted with the Township within fifteen (15) days after approval or before a Putnam Township Zoning Compliance Permit is issued for the facility. The financial security shall be: 1) cash bond; or 2) an irrevocable bank letter of credit or a performance bond, in a form approved by the Township. The amount of such guarantee shall be no less than the estimated cost of removal and may include a provision for inflationary cost adjustments. The estimate shall be prepared by the engineer for the applicant and shall be subject to approval of the Township. 9) A Putnam Township Zoning Compliance Permit and a Livingston County Building Permit will be required for installation of any commercial solar energy system. 10) If the owner of the facility or the property owner fails to remove or repair the defective or abandoned commercial solar energy system, the Township, in

addition to any other remedy under this Ordinance, may pursue legal action to abate the violation by seeking to remove the solar energy system and recover any and all costs, including attorney fees. Staff comments: Article 5 will need to be amended to include solar energy systems as a special land use in the A-O District table of uses and Article 13 will need to be amended to include commercial solar energy systems as a special land use. While the Ordinance general provisions section covers the commercial use, we believe moving the regulations to the special land uses section of the Ordinance would be more effective. We have discussed with the Township our concerns on the proposed language and the Township Attorney will review the proposed amendments. Township Planning Commission Recommendation: APPROVAL. There were no comments at the March 14, 2018 public hearing. Recommendation: NO ACTION. Encourage Further Review. We believe the Township will benefit from additional discussion and review of the proposed solar amendments.

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: April 10, 2018 SUBJECT: Livingston County Planning Commissioners and the Hamburg Township Board of Trustees Kathleen Kline-Hudson, Director Z-14-18 Article 4.00 Site Plan Review, Section 4.3 Applicability and Article 9.00 Environmental Provisions, Section 9.2.4 Standards for Agricultural, Scenic, or Recreational Ponds. The Hamburg Township Planning/Zoning Consultant states that the proposed amendment to Article 4.00 is to remove the creation of ponds from the activities that would require site plan review. The reason for removing the creation of ponds from Planning Commission review is for two purposes: 1.) to streamline the review process, and 2.) the State of Michigan is the governmental agency that is required to determine if a pond can or cannot be created. The Planning/Zoning Consultant goes on to say that as long as the pond meets all required setbacks and other regulations of the zoning ordinance, it does not need to be treated any differently than a pool or other project. The Consultant states that if Planning Commission site plan review of the creation of ponds is removed from zoning ordinance language in Article 4.00, than language in Article 9.00 also needs to be amended to accomplish this intent. Therefore, it is proposed that language regarding Planning Commission review of the creation of a pond be removed, and replaced with review and action from the Zoning Administrator. Department Information Administration Building 304 E. Grand River Avenue Suite 206 Howell, MI 48843-2323 (517) 546-7555 Fax (517) 552-2347 Web Site livgov.com A summary of the proposed amendments are 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 4.00 Site Plan Review, Section 4.3 Applicability A very minor revision is proposed that will delete a reference to the creation of ponds from a list of activities for which site plan review is required. The text reads as follows: Site plan review shall be required for any of the following activities: Erection, moving, relocation, conversion or structural alteration to a building or structure to create additional floor space, other than a single-family dwelling.

Z-14-18 April 10, 2018 Page 2 Article 4.00 Site Plan Review, Section 4.3 Applicability (continued) Any development which would, if approved, provide for the establishment of more than one principal use on a parcel, such as, for example, a single family site condominium or similar project where a parcel is developed to include two (2) or more sites for detached single family dwellings. Development of non-single family residential uses in single-family districts. Any change in use that could affect compliance with the standards set forth in this Ordinance. Expansion or paving of off-street parking and/or a change in circulation or access for other than a single family dwelling. Any excavation, filling, soil removal or mining or landfill or creation of ponds except as otherwise specified. The development or construction of any accessory uses or structures, except for uses or structures that are accessory to a single family dwelling. Any use or development for which submission of a site plan is required by the provisions of this Ordinance. Article 9.00 Environmental Provisions, Section 9.2.4 Standards for Agricultural, Scenic, or Recreational Ponds 9.2.4. Standards for Agricultural, Scenic, or Recreational Ponds. In addition to any conditions MDNR the State of Michigan may place on an applicable permit, water bodies created or altered to serve as a pond for agricultural, recreational or scenic purposes shall be subject to the following minimum standards: A. A new artificial or manmade pond must be located on a parcel which is at least one (1) acre in area. B. Following the procedures stated in this section, construction of a new pond or the alteration of an existing water body may be approved by action of the Zoning Administrator Planning Commission. Construction of a new pond in excess of 0.5 acres or the alteration affecting more than 0.5 acres shall be subject to the review of the Township Engineer. C. All earth excavated during construction of the pond shall be disposed of on the parcel, unless it is determined by the Zoning Administrator or the State of Michigan Planning Commission that the parcel could not adequately accommodate the spoils. The placement and final disposition of any spoils removed from the parcel must be approved by the Township Zoning Administrator.

Z-14-18 April 10, 2018 Page 3 D. The creation or alteration of a pond within a single parcel must provide minimum yard setbacks from the pond equal to those required for a structure as stated in section 7.6.1 including footnotes. Setback from other natural features do not apply. E. The creation or alteration of a pond which encompasses parts of more than one parcel shall be approved only if the owners of all properties involved are joint applicants on the Land Use Permit for the Special Use Permit. Minimum yard setbacks equal to those required for a structure in Section 7.6.1 (including footnotes) shall be maintained to all adjacent unaffected parcels. F. Each pond shall be constructed or altered in compliance with the design standards established by the U.S. Department of Agriculture and State of Michigan through the Soil Conservation Service. G. Any application for an alteration or creation of a pond which proposes stabilized side slopes steeper than five (5) horizontal to one (1) vertical shall include a written statement by the applicant detailing proposed safety measures to be taken by the applicant in the construction and operation of the pond. H. Written evidence shall be provided from the County Health Department or a Licensed Professional Engineer that the distance and soil conditions separating the pond from any septic system is sufficient to prevent contamination. In no case shall a pond be located closer than one hundred (100) feet to any septic system. I. For the protection of the general public, appropriate safety measures such as warning signs, rescue equipment, fencing and/or safety ramps may be required to be installed as deemed necessary by the Zoning Administrator Planning Commission upon their review. J. No pond shall be maintained or operated in any manner which causes it to become a public nuisance. Township Planning Commission Recommendation: Approval. The Hamburg Township Planning Commission recommended Approval of the proposed amendments to Articles 4.00 and 9.00 at their February 21, 2018 meeting. There were no comments from the public at the February 21, 2018 public hearing on these amendments. Staff Recommendation: Approval. The proposed Zoning Ordinance revisions are reasonable and appropriate. Staff has no concerns regarding these amendments.

LIVINGSTON COUNTY PLANNING DEPARTMENT ZONING REVIEW CASE NUMBER: Z-15-18 LOCATION: Howell Township SECTION NUMBER: Sections 29 TOTAL ACREAGE: 8.49 acres APPLICANT/OWNER: Thomson Plastics International CURRENT ZONING: RSC Regional Service Commercial REQUESTED ZONING: HC Heavy Commercial PERMITTED/SPECIAL USES (Not all inclusive): Permitted: Retail including supermarkets, department stores, drugs and sundries, shoes, furniture, electronic equipment and supplies; medical and dental; computer processing; vehicle sales; regional shopping centers; services such as real estate; concert halls; recreation halls; veterinary clinics; schools; churches; miniwarehouses. Special: Gasoline and service stations; drive in retail and service establishments; commercial kennels. MINIMUM LOT AREA: Minimum of 2 acres; 40,000 sq. ft. with public water and sewer. PERMITTED/SPECIAL USES (Not all inclusive): Permitted: Highway, rail, and truck terminals; warehousing; commercial and industrial facilities for bulk handling; contractors building and storage; farm equipment and sales; gasoline service stations; mini-warehouses. Special: Junk yards; fabrication of metal products; professional and scientific instruments; contract plastic material molding and processing; electrical machinery supplies and accessories; commercial kennels. MINIMUM LOT AREA: Minimum of 2 acres; 40,000 sq. ft. with public water and sewer. CURRENT TOWNSHIP ZONING: CURRENT LAND USES: TOWNSHIP PLANNING COMMISSION RECOMMENDATION AND PUBLIC COMMENTS: The Howell Township Planning Commission recommended APPROVAL of this request at its March 27, 2018 public hearing. There were no comments at the public hearing. ESSENTIAL FACILITIES: SANITARY SEWER: Public sewer. WATER SUPPLY: Public water supply. ACCESS ROAD(S): Property access is via Lambert Drive from Burkhart Road.

ANALYSIS BY: Scott Barb DATE: April 11, 2018 CASE NUMBER: Z-15-18 PAGE: 2 EXISTING CONDITIONS: The site proposed for the rezoning request is located in Section 29 of Howell Township. Natural Areas: According to the map "Livingston County's High Quality Natural Areas, there are no high quality natural areas on the subject site. Land Use: Soils: Wetlands: Topography: Vegetation: The parcel is currently the site of a vacant commercial/industrial building. Miami-loam (MoC) with 6-12% slopes is the predominant soil type on-site. Because of public sewer and water availability, no issues with soils are foreseen. The National Wetlands Inventory (NWI) indicates the entire parcel as uplands. The parcel is relatively flat; slight slope from Burkhart Road to the rear lot line. The site contains natural vegetation and minor lawn in its prepared state. CURRENT LAND USE, ZONING, AND MASTER PLANNING MATRIX: NORTH N Existing Land Use: Livingston Antique Mall Zoning: RSC Regional Service Commercial Master Plan: Innovation Zone SUBJECT SITE Existing Land Use: Vacant Open Space Existing Land Use: Vacant Building Existing Land Use: Castaway and Industrial WEST Zoning: RSC Regional Service Commercial Zoning: RSC Regional Service Commercial Zoning: I - Industrial EAST Master Plan: Commercial RSC Master Plan: Commercial RSC Master Plan: Innovation Zone Existing Land Use: Existing Industrial Building Zoning: I Industrial Master Plan: Commercial RSC SOUTH

ANALYSIS BY: Scott Barb DATE: April 11, 2018 CASE NUMBER: Z-15-18 PAGE: 3 TOWNSHIP MASTER PLAN: The Future Land Use map of Howell Township (Map 3) designates the parcel as Commercial Regional Service. One of the goals of the Township Master Plan is to support the continued development of varying levels of commercial intensity in appropriate areas that are based on proximity to surrounding land uses and are accessible to the highway and interstate for commerce purposes. To the north and east of the subject site, the majority of parcels are labeled as part of an Innovation Zone a proposed district that is intended to be flexible with specific uses that can foster economic development, create employment opportunities, and increase tax base by promoting the development or redevelopment of existing sites. There is no HC Highway Commercial future land use category within the Township Master Plan. The master plan has been written to promote flexibility in planning based on current and potential future land uses. Because the request to rezone the parcel to highway commercial is aligned with the commercial designation and well within reach of the innovation zone in the Township, we believe the request to rezone to HC is supported by the Township Master Plan. COUNTY COMPREHENSIVE PLAN: The current Livingston County Comprehensive Plan designates the site as a Primary Commercial Node (page 64). According to the County Comprehensive Plan: Primary Commercial Nodes are existing shopping and office-service areas with little or no residential development component. Many are regional shopping areas located along highway corridors. Secondary Commercial Nodes are areas planned as commercial centers and are expected to be developed within the next twenty years. While the county comprehensive plan does not dictate development within the Township, support for the rezoning and commercial development in general is found throughout the county plan for this immediate and surrounding area. COUNTY PLANNING STAFF COMMENTS: The applicant, Thomson Plastics, is requesting to rezone 8.49 acres from RSC Regional Service Commercial to HC Highway Commercial. The vacant building on-site is intended to be used for warehousing and storage of finished products. The subject parcel is located at a junction of current zoning designations including regional service commercial, highway commercial, and industrial. The requested zoning designation of HC lies just north of the site along and in-between Grand River Avenue and the existing railroad. The Township Master Plan does not list an HC future land use designation, but has commercial categories arranged by intensity with Commercial RSC as the most intense. Because of the subject parcel s location and proximity to a multitude of established commercial and industrial uses, we believe the proposed rezoning to HC is appropriate for this area. Additionally, uses in the current HC District are most compatible with the goals and strategies detailed in the Township Master Plan. STAFF RECOMMENDATION: Approval. The proposed rezoning from RSC Regional Service Commercial to HC Highway Commercial is compatible with both the Howell Township Master Plan and the current Livingston County Comprehensive Plan.