AGENDA CHARTER TOWNSHIP OF FENTON PLANNING COMMISSION MEETING THURSDAY AUGUST 12, 2021 – 6:00 PM FENTON TOWNSHIP CIVIC COMMUNITY CENTER OR VIA ZOOM The public may participate in the meeting via the following web link: http://bit.ly/FentonPC Or by telephone by calling into the following number: Phone Number: (312)626-6799 Meeting ID: 998 2931 8197 Passcode: 258667
CALL TO ORDER ROLL CALL: Cypher, Lewis, Marko, McGuirk, Mustola, Tucker
APPROVAL OF AGENDA:
PUBLIC HEARINGS: R21-003 The Fariways of Spring Meadows, LLC: Requesting a rezoning and preliminary site plan approval for the south 80 acres of parcel #06-17- 100-008, located in the southeast corner of Linden Road and Lahring Road, from AG, Agricultural, to PUD for a 70-unit subdivision. Parcel #06-17-100-008.
SUP21-004 Deborah Schmelter, 6365 Lobdell Road: Requesting a Special Use Permit for Agricultural Tourism for Barnfest at Stoney Acres at 6365 Lobdell Road. Parcel #06-31-300-006.
Land Division and Lot Partition Ordinance: Consider amendments to the Land Division Ordinance and Lot Partition Ordinance for compliance with State Laws and best practices for lakeside communities.
NEW BUSINESS: None
DISCUSSION: ZO21-001 Fueling: Zoning Ordinance Amendment to consider standards for fueling tanks. ZO21-004 PUD: Zoning Ordinance Amendment to clarify standards for Planned Unit Developments. Accessory Buildings on a Separate Lot: Discuss the intent of Section 11.01A
PUBLIC COMMENT CONCERNING ITEMS NOT ON THE AGENDA: 5 Minute Limit
COMMUNICATIONS: Zoning Practice “Practice Post-COVID Zoning”
MINUTES: July 8, 2021
ADJOURN:
CHARTER TOWNSHIP OF FENTON Phone: (810) 629-1537 12060 Mantawauka Fax: (810) 629-9736 Fenton, MI 48430-8817 Website: www.fentontownship.org E-mail: [email protected]
Vince L. Lorraine, Supervisor Robert E. Krug, Clerk Kade Katrak, Trustee John R. Tucker, Treasurer Robert C. Kesler, Trustee Mark A. Goupil, Trustee Christine Reid, Trustee
The Fairways of Spring Meadows Planned Unit Development
APPLICATION NUMBER APPLICANT/PROPERTY OWNER: R21-005 Mike Davidson SPR21-002 The Fairways of Spring Meadows LLC PUBLIC HEARING DATE: PROPERTY ADDRESS/LOCATION: August 12, 2021 06-17-100-008
BRIEF SUMMARY OF REQUEST
The applicant is seeking approval to rezone 80 acres of 06-17-100-008 from AG to PUD to allow a 70-unit subdivision along the Spring Meadows Golf Course with two accesses to Linden Road.
MAP SOURCE: Fenton Township GIS 2021 EXISTING EXISTING LAND USE SURROUNDING ZONING & LAND SITE IMPROVEMENTS SIZE OF PROPERTY ZONING: USE
North: AG/ Residential, 70 Single Family AG Farm Land 79.52 Acres East: R-3 Residential Homes South: City of Linden Golf Course West: AG, Agricultural
COMPATIBILITY with the MATER PLAN The Master Plan classifies this area as Medium Density Residential. The intent of this Future Land Use District is to provide denser housing options and closer proximity to essential services. The primary uses are single-family homes (detached and attached) and complementary uses for residential developments such as places of worship, schools, child day care, and recreational facilities. COMPATIBILITY with the ZONING ORDINANCE The Agricultural zoning district covers portions of the open areas of the Township where farming, dairying, forestry operations, and other rural activities are found on relatively large lots. Vacant land, rural residences, fallow land and wooded areas may also be included where such areas are interspersed among farms. Some uses permitted in this district are required to comply with specific design standards.
Site History In 2001 the Township approved a 207-unit open space subdivision on this site. The plan included 58 single family homes and 149 condos with 55% open space. A copy of the original PUD has been included for reference.
Site Access There are two proposed entrances on Linden Road. 750 feet apart. Open Space Gross Site Area 79.52 Acres Usable Site Area (exclude ROW, Wetlands) 76.4 Acres Opens Space 22.3 Acres Open Space % 28% Maximum Units Per Acre (Section 3.27.i) 1.28 Lots per Acre (Net) 0.88 lots per acre A Medium Density Residential Development with the R-3 Standards would be allowed 98 units. A Medium Density Residential Development with the R-4 Standards would be allowed 122 units.
Lot Requirements R-3 (with 28% Open Space) Provided Minimum Lot Size 12,000 s.f. 24,000 s.f. Minimum Lot Width 75 feet 85 feet
Setbacks R-3 Provided Front 30 feet 30 feet Sides 10/20 feet 10 feet Rear 35 feet 35 feet
Building R-3 Provided Max Lot Coverage 30% 30% Max Building Height 29 ft. 29 feet
Sidewalks There will be sidewalks on both sides of the road throughout the subdivision.
Draft PUD Text The attached draft PUD text is based on the site plan as submitted.
Potential Actions by the Planning Commission Based on a review of the existing conditions and submitted information, the Planning Commission may consider the following actions: Ask the Applicant to revise and resubmit their application to address any concerns brought up during the public hearing and findings of fact for the basis of determination; Recommend Denial to the Township Board of the request for not meeting requirements of the basis of determination; Recommend Approval to the Township Board with Conditions based on the findings of fact; or Recommend Approval to the Township Board of the application as submitted.
CHARTER TOWNSHIP OF FENTON Ordinance No. ___ Adopted: ______
An ordinance to amend ordinance No. 594 of the Township of Fenton, commonly known as the Fenton Township Zoning Ordinance, to change the zoning of parcel 06-17-100-008 owned by the Empyrean Group, LLC from AG, Agricultural to PUD, Planned Unit Development and to amend the township zoning map to reflect the zoning change.
THE TOWNSHIP OF FENTON, COUNTY OF GENESEE, MICHIGAN ORDAINS:
After public hearing and publication of notice thereof as required by the statutes of the State of Michigan, Section 3.02 A, of the Fenton Township Zoning Ordinance (Ordinance No. 594) is hereby amended as follows:
SECTION 3.02 A COMMENCING AT THE NORTH CORNER OF SECTION 17, T5N-R63, FENTON TOWNSHIP, GENESEE COUNTY, MICHIGAN; THENCE S01°31’11”E 880.00 FEET ALONG THE NORTH-SOUTH ¼ LINE OF SAID SECTION 17; THENCE 89°13’59”E 1006.66 FEET; THENCE S01°50’04” E 460.24 FEET; THENCE S89°15’07”W 336.83 FEET; THENCE S01°35’49”E 1343.14 FEET; THENCE S89°10’24”W 1634.90 FEET ALONG THE EAST-WEST ¼ LINE OF SAID SECTION 17; THENCE N01°49’09”W 120.00 FEET; THENCE S89°10’24”W 208.75 FEET; THENCE N01°49’09”W 1167.39 FEETALONG THE CENTERLINE OF LINDEN ROAD; THENCE N89°12’47”E 1332.67 FEET; THENCE N01°31’11”W 98.82 FEET TO THE POINT OF BEGINNING. BEING A PART OF THE NORTHWEST ¼ OF SECTION 17, T5N-R6E, FENTON TOWNSHIP, GENESEE COUNTY, MICHIGAN CONTAINING 80.40 ACRES OF LAND. SUBJECT TO EASEMENTS AND RIGHTS OF WAY RECORD.
The Township Zoning Map is hereby amended to reflect the change in zoning from ag to PUD with the following conditions:
1. A minimum of 28% shall remain as dedicated undeveloped open space. 2. Permitted principal uses shall be restricted to the following: Residential, single family detached. 3. Permitted accessory uses shall be restricted to those permitted in the R-3 zoning district. 4. The maximum number of residential dwellings to be constructed on the subject parcel shall not exceed 70. 5. The minimum parcel size shall be 24,000 square feet. 6. The minimum parcel width shall be 85 feet. 7. The maximum building height, maximum coverage of lots by all buildings, minimum front, rear and side yard setbacks and minimum floor area per dwelling unit shall comply with the requirements of the R-3 zoning district, with the following Minimum Front Yard Setback: 30 feet Minimum Rear Yard Setback: 35feet Minimum Side Yard Setback: 10 feet 8. The landscape and buffering plan shall be subject to Planning Commission approval.
9. The developer of the PUD project shall pay to Fenton Township the total cost of any necessary upgrades to the sanitary sewer system, as determined by Fenton Township. 10. Open space protection provisions will be in the form of a recordable instrument acceptable to the Township and the Township attorneys. 11. The Planning Commission & Township Board will evaluate this request in 5 years and may initiate a rezoning of the property if the developer has not demonstrated that suitable, continual progress has been made to develop the property consistent with this ordinance
This amendatory ordinance is hereby declared to have been enacted by the Fenton Township Board of Trustees at a regular meeting thereof held on the __ day of _____ and is ordered to be given publication in the manner prescribed by law. It shall become effective seven (7) days after adoption and publication.
Vince L. Lorraine, Supervisor Robert E. Krug, Clerk
CHARTER TOWNSHIP OF FENTON Ordinance No. 653 Adopted: December 5, 2005
An ordinance to amend ordinance No. 594 of the Township of Fenton, commonly known as the Fenton Township Zoning Ordinance, to revise the Planned Unit Development (PUD) conditions for a certain parcel of land, 06-17-100-006, owned by Harrold Land Company.
THE CHARTER TOWNSHIP OF FENTON, COUNTY OF GENESEE, MICHIGAN ORDAINS:
After public hearing and publication of notice thereof as required by the statutes of the State of Michigan, Section 3.02 A of the Fenton Township Zoning Ordinance (Ordinance No. 594) is hereby amended as follows:
SECTION 3.02 A S 10 A OF W 3/4 OF NW 1/4 OF NE 1/4 & W 1/2 OF SW 1/4 OF NE 1/4 & E 1/2 OF NW 1/4 EXCEPT N 208.75 FT OF S 538.75 FT OF W 208.75 FT ALSO EXCEPT S 120 FT OF W 363 FT SEC 17 T5N R6E 108 A (89/04)
The PUD conditions are hereby amended in their entirety to provide as follows:
1. A minimum of 50% of the total gross area shall remain as dedicated undeveloped open space. 2. Permitted principal uses shall be restricted to the following: Residential, single family detached and Residential, Duplex. 3. Permitted accessory uses shall be restricted to those permitted in the R-3 zoning district. 4. The number of residential dwellings units to be constructed on the subject parcel shall not exceed 207. 5. The number of conventional condominium units, including duplexes, shall not exceed 150. 6. The maximum building height shall not exceed 29 feet. 7. Maximum coverage of lots by all buildings shall not exceed 30% 8. Minimum set backs shall be as follows: Site condominium units - front yard – 30 feet side yard – 8 feet rear yard – 20 feet Conventional condo units - front yard – 25 feet minimum distance between structures – 10 feet rear yard – 0 feet 9. Minimum floor area per dwelling unit shall comply with the requirements of the R- 3 zoning district. 10. There shall be two (2) entrances located on Lahring Road and none on Linden Road. 11. The streets may remain private. The streets in the conventional condominium area must include a minimum right-of-way width of fifty (50) feet. 12. There shall be a minimum of one (1) street tree per unit along the 50-foot right-of- way. 13. The storm water system may remain private, however it must be constructed according to Genesee County standards and approved by the Township engineer. 14. The Planning Commission reserves the right to require additional landscaping along the public right-of-way. 15. Duplex units may be constructed in the conventional condominium area, provided that they are not located on cul-de-sacs. 16. The developer may construct a community building in the area indicated on the conceptual plan dated 9/12/05. 17. The developer of the PUD project shall pay to Fenton Township the total cost of any necessary upgrades to the sanitary sewer system, as determined by Fenton Township. 18. Open space protection provisions will be in the form of a recordable instrument acceptable to the Township and the Township attorneys.
This amendatory ordinance is hereby declared to have been enacted by the Fenton Township Board of Trustees at a regular meeting thereof held on the 5th day of December 2005 and is ordered to be given publication in the manner prescribed by law. It shall become effective seven (7) days after adoption and publication.
Bonnie K. Mathis, Supervisor Robert E. Krug, Clerk
CHARTER TOWNSHIP OF FENTON Phone: (810) 629-1537 12060 Mantawauka Drive Fax: (810) 629-9736 Fenton, MI 48430-8817 Website: www.fentontownship.org E-mail: [email protected] Vince L. Lorraine, Supervisor Robert E. Krug, Clerk Kade C. Katrak, Trustee John R. Tucker, Treasurer Robert C. Kesler, Trustee Mark A. Goupil, Trustee Christine M. Reid, Trustee
Stoney Acres Barn Fest
APPLICATION NUMBER APPLICANT/PROPERTY OWNER: SUP21-004 Deborah Schmelter
PUBLIC HEARING DATE: PROPERTY ADDRESS/LOCATION: August 12, 2021 6365 Lobdell Road 06-31-300-006 BRIEF SUMMARY OF REQUEST
The applicant is seeking approval for a Special Use Permit for Agricultural Tourism to allow Barn Fest.
Barn Fest at Stoney Acres is a two-day charity music event that has been held over the past 11 years at 6365 Lobdell Road. Camping is also occurs during the festival.
In previous years, the event has been approved under an amplified sound permit. When talking with a resident about the proposed Cider Creek development across the street, a comment was made about parking on Lobdell Road during the 2019 Barn Fest. An investigation into the scope of the event led Staff to determine that the appropriate approval process would be a Special Use Permit for an Agricultural Tourism Event.
MAP SOURCE: Fenton Township GIS 2021 EXISTING EXISTING SURROUNDING ZONING & SITE IMPROVEMENTS SIZE OF PROPERTY ZONING: LAND USE LAND USE North: R-3, Residential None AG, Residential South: PUD Residential 10.39 acres Agricultural / Barn Fest East: PUD Residential West: AG, Agriculture COMPATIBILITY with the MATER PLAN The Master Plan classifies this area as Low Density Residential. The intent of this Future Land Use District is to provide single-family residences on the largest allowable lot sizes to preserve natural open space and maintain a rural character. The primary use is single- family homes. COMPATIBILITY with the ZONING ORDINANCE The Agricultural zoning district covers portions of the open areas of the Township where farming, dairying, forestry operations, and other rural activities are found on relatively large lots.
Agritourism uses, such as an event barn, are allowed on AG parcels 10 acres or more in size as a Special Use.
Parking Required Provided Spaces 1 per 400 sq. ft. usable floor area There is a total of 8,464 square (no permanent parking spaces feet across 8 agricultural may be required, visitors may park buildings. The largest barn is on grass or other areas determined 2,204 square feet. Not all by proprietor) buildings will be used for the Barn Fest. 8,464 square feet would require 21 parking spaces. The parking area is staked with yellow caution tape to identify parking areas and to maintain emergency access.
In 2019, the last year Barn Fest was held, cars were parked on Lobdell Road. The Applications are working with Great Lakes Los Prevention to direct traffic to ensure there is no parking on Lobdell Road. Off-site parking accessible by shuttle is provided on Hogan Road.
Access
The event will have monitored access on Lobdell Road. There will be an entrance for an ambulance of emergency personnel to access the property.
Occupancy Under the Fire Code, the maximum occupancy per building is 100 people. The maximum occupancy must be posted and monitored by the applicant’s security company.
Hours The event lasts from 4pm to 12 am.
Camping The camping area will be in the rear southwest corner of the property. There will be no individual ground fires in the camping area.
Portable Toilets The applicants have noted that there will be at least 15 portable toilets on site. The standard for outdoor events is typically one toilet per 50 people.
SECTION 9.10 Basis of determination 1. The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and/or vicinity and applicable regulations of the zoning district in which it is to be located.
2. The proposed use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the zoning district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle interfacing.
3. The proposed use shall be designed as to the location, size, intensity, site layout and hours of operation so as to eliminate any nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.
4. The proposed use shall be such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interface with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.
5. The use shall not place demands on public services and facilities in excess of current capacity.
6. The proposed use shall be so designed, located, planned and operated that the public health, safety and welfare will be protected.
7. The proposed use shall not cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be detrimental to existing and/or permitted land uses in the zoning district.
Potential Actions by the Planning Commission Based on a review of the existing conditions and submitted information, the Planning Commission may consider the following actions: Ask the Applicant to revise and resubmit their application to address any concerns brought up during the public hearing and findings of fact for the basis of determination; Deny the request for not meeting requirements of the basis of determination; Approve the Special Use Permit with Conditions based on the findings of fact; or Approve the application as submitted.
Potential Conditions of Approval to Consider Based on a review of the existing conditions and submitted information, the Planning Commission may wish to consider the following Conditions of Approval: No parking allowed on Lobdell Road Must post the maximum occupancy of 100 people in the barn and monitor the occupancy by the security company No burning in the camp area Maintain parking aisles in an orderly fashion to allow emergency vehicle access. Set specific hours for the event
Memorandum
To: Fenton Township Board of Trustees
From: Michael Deem, AICP, Zoning Administrator
Date: July 29th, 2021
Subject: Updates to Land Division and Lot Partition Ordinances
Assessor Julia Wilson has conducted an audit of the Land Division and Lot Partition Ordinances for compliance with State laws and best practices for lake communities. As the Planning Commission plays a role in land use development, we are asking the Planning Commission to review and comment on proposed changes to these ordinances.
The proposed changes include Clarifying the Purpose section of the Land Division Ordinance to note that some defections used by Fenton Township are different than definitions used by the State Land Division Act. Add new definitions that help define how lakefront lots are measured, including submerged lands. The State Land Division Act limits a lot’s depth to width ration to 1:4. A community may adopt an ordinance to increase the ration to 1:5 if they provide justification. The proposed changes note that the Township has 22 lakes and unique topography to warrant a 1:5 ratio. Update approval process to be consistent with updates to the State Land Division Act.
A Public Hearing has been scheduled for the August 12, 2021 Planning Commission Meeting. The Planning Commission will be making a recommendation to the Township Board.
12060 Mantawauka Drive, Fenton, MI 48430-8817 810-629-1537 (Phone) 810-629-9736 (Fax) Website: www.fentontownship.org E-mail: [email protected]
SECTION 11 – PLANNING & ZONING
SUBDIVISION CONTROL Ord. No. 176 Adopted: December 10, 1969
An ordinance enacted under Act 288, Public Acts of 1967, as amended, of the State of Michigan establishing regulations governing the subdivision of land; providing for the procedure for the preparation and filing of plats, tentative approval of preliminary plats, submission of record of final plats, approval of the plat by the Township Board; providing for platting regulations and requirements in regard to conformity to the Township Comprehensive Development Plan, hereby declared, to be part of this ordinance, as to streets, alleys and easements, and to provide penalties for the violation thereof.
THE TOWNSHIP OF FENTON, COUNTY OF GENESEE, MICHIGAN ORDAINS:
ARTICLE I GENERAL SECTION 100. Short title.
These Regulations shall be known and may be referred to as the Township of Fenton Subdivision Control Ordinance.
SECTION 101. Purpose. These Subdivision controls have been enacted for the purpose of protecting the public health, safety and general welfare of the residents of the Township and of insuring the orderly growth and harmonious development by requiring: 1. Proper arrangement of streets in relation to existing or planned streets and to the Comprehensive Development Plan. 2. Adequate and convenient open spaces for traffic, utilities, access of fire fighting equipment, recreation, light, air, privacy, and safety from fire hazards. 3. Avoidance of population congestion. 4. Establishment of standards for the construction of any and all improvements as herein required.
SECTION 102. Interpretation. This Ordinance shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of this Ordinance except for the further dividing of lots. Nor is it intended by this Ordinance to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws, ordinances or regulations, or with private restrictions placed upon property by deed, covenant, or other private agreements, or with restrictive covenants, running with the land to which the Township is a party. Where this Ordinance imposes a greater restriction upon land than is imposed or required by such existing provision of any other ordinance of the Township, the provisions of the Ordinance shall control.
SECTION 103. Scope. Subsequent to the effective date of these regulations, no plat within the Township of Fenton shall be approved by the Township Board unless it conforms to these regulations.
ARTICLE II DEFINITIONS SECTION 200. Definitions. The following definitions apply to the meanings of respective terms as they are to be construed in these regulations.
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1. Block shall mean an area of land within a subdivision that is entirely bounded by streets, highways, or ways, except alleys, and the exterior boundary or boundaries of the subdivision. 2. Commission shall mean the Township Planning Commission of the Township of Fenton. 3. Comprehensive development plan shall mean the Master Plan of the Township of Fenton as adopted by the Planning Commission. 4. Easement is a grant by the owner of the use of a strip of land by the public, a corporation, or persons, for specific uses and purpose, to be designated as a "public" or "private" easement depending on the nature of the use. 5. Flood plain means that area of land adjoining the channel of a river, stream, water course, lake or other similar body of water which will be inundated by a flood which can reasonably be expected for the region. 6. Land means all l and areas occupied by real property, except the submerged bottomlands of inland lakes, rivers and streams 7. Lot means a measured portion of a parcel or tract of land, which is described and fixed in a recorded plat. (a) Lot depth is the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines. (b) Lot Width is the horizontal distance between the side lot lines measured at the minimum building setback line as established by the zoning ordinance. 8. Major thoroughfare plan is that part of' the Comprehensive Development Plan which sets forth the location, alignment and dimensions of existing and proposed thoroughfares. 9. Outlot means a lot, when included within the boundary of a recorded plat, set aside for purposes other than a building site, park or other land dedicated to public use or reserved to private use. 10. Parcel or tract means a continuous area or acreage of land which can be described as provided for in the Subdivision Control Act. 11. Plat means a map or chart of a subdivision of land. 1. Pre-preliminary plat is a map indicating the proposed layout of the subdivision in sufficient detail to provide adequate basis for review and to meet the requirements and procedures set forth in this ordinance. 2. Preliminary plat is a map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration prepared in conformance with the Subdivision Control Act. 3. Final plat is a map prepared in conformance with the requirements of the Subdivision Control Act and this ordinance, and suitable for recording by the County Register of Deeds. 12. Proprietor means a natural person, firm, association, partnership, corporation or combination of any of them which may hold any ownership interest in land whether recorded or not. 13. Street means a way of vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated. A street includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas, and lawns. (a) Alleys arc minor service streets providing a secondary means of access to a lot, block or parcel of land. (b) Cul-de-sac is a minor street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. (c) Local or Minor streets are those streets which are used primarily for access to the abutting properties and have limited continuity.
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SECTION 11 – PLANNING & ZONING
(d) Major thoroughfares are those streets and highways which are used as through routes for larger volumes of traffic and have considerable continuity within the municipality and the region beyond. A major thoroughfare shall be designated in the Township's Major Thoroughfare Plan. 14. Subdivide or subdivision means the partitioning or dividing of a parcel or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale or lease of more than one year, or of building development, where the act of division creates five (5) or more parcels of land each of which is ten (10) acres or less in area; or five (5) or more parcels of land each of which is ten (10) acres or less in area are created by successive divisions within a period of ten (10) years. 15. Subdivision Control Act means the Subdivision Control Act, Michigan Public Acts of 1967, as amended. 16. Township Board shall mean the legislative body of the Township of Fenton. 17. Township Clerk shall mean the Township Clerk of the Township of Fenton. 18. Township engineer or engineer is the staff engineer, consulting civil engineer, or designated engineer of an appropriate County Department. 19. Township planner or planner is the staff planner or consulting planner of the Township.
ARTICLE III SUBDIVISION PROCEDURE The review and approval of a proposed subdivision shall be carried out through Preliminary Investigation, Pre-Preliminary Plat, Preliminary Plat and Final Plat in accordance with the following procedure:
SECTION 300. Preliminary investigation. Prior to the preparation of a preliminary plat, the subdivider shall meet informally with the Township Planning Commission to investigate the procedures and standards of the Township of Fenton with reference to this Subdivision Control Ordinance and with proposals of the Comprehensive, Development Plan that effect the area in which the proposed subdivision, is located. It is the responsibility of the subdivider to: (a) Familiarize himself with the Zoning Ordinance, Subdivision Control Ordinance, engineering specifications, and other similar ordinances or controls relative to the subdivision and improvement of land, so as to make himself aware of the requirements of the Township of Fenton. (b) Review the area zoning for the proposed subdivision to determine if it is zoned for the intended use. (c) Investigate the adequacy of existing schools and public open spaces including parks and play grounds to serve the proposed subdivision. (d) Review the open space development options of the Zoning Ordinance to determine the feasibility of utilizing one of these approaches. (e) Investigate the relationship of the proposed subdivision with respect to major thoroughfares and plans for future widening of thoroughfares. (f) Investigate the standards for sewage disposal, water supply, and drainage of the Township of Fenton and the health standards of Genesee County and the State of Michigan. (g) Review Act 288, Public Acts, 1967, and the requirements of those State and County agencies which are required by said Public Act to review and approve the plat.
SECTION 301. Pre-preliminary plat.
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SECTION 11 – PLANNING & ZONING
Pre-preliminary review is an aid to the developer and to the Township. Under this procedure, a developer provides the information described below and the Planning Commission acts an the information provided. This review is intended to serve as a guide for the immediate inspection of the officials, subject to a thorough study and analysis before a recommendation from such bodies is made. During this stage, changes and additions which may have to be made before an agreement is reached can be made with the minimum of difficulty. Acceptance of the Pre-Preliminary Plat does not assure acceptance of the Preliminary Plat. 1. Submittal. The proprietor shall submit to the Township Clerk, at least twenty (20) days prior to a Planning Commission meeting, ten (10) copies of the Pre-Preliminary Plat. The Clerk shall promptly transmit two (2) copies to the Planning Commission, two (2) copies to the Consulting Planner and two (2) copies to the Township Engineer, and retain four (4) copies for the Township Board. 2. Information required. The following information shall be shown on the Pre- Preliminary Plat or submitted with it: (a) The sketch plan at a scale of 100 feet to one (l) inch. (b) Names and addresses of the proprietor, owner-proprietor, and the planners, designer, engineer or surveyor who designed the proposed subdivision. (c) An overall map at a scale not less than one (1) inch to one thousand (1,000) feet showing the relationship of the subdivision to its surroundings, such as existing road rights-of-way, existing buildings, water-courses, railroads, marshes, nearby public spaces and other physical features on and adjacent to the tract. (d) Location and road rights-of-way of proposed streets, alleys, easements, parks, open spaces and lot lines. (e) All parcels of land proposed to be dedicated to public use and conditions of such dedication. (f) Date, cardinal points, scale. (g) Zoning on and adjacent to the tract. (h) Site data, including connections with adjoining streets, building set- back lines, acres in parks, etc. (i) The proprietor shall furnish the Planning Commission with a statement indicating the proposed use to which the subdivision will be put, along with a description of the type of residential buildings and number of dwelling units contemplated or the type of business so as to reveal the effect of the development an traffic, fire hazards or congestion of population. Such proposed uses shall not be in conflict with the Zoning Ordinance of Comprehensive Development Plan. (j) If the proprietor has an interest or owns any parcel identified as "outlots" or "excepted", the Pre-Preliminary Plat shall indicate how this property could be developed in accordance with the requirements of the existing zoning district in which it is located and with an acceptable relationship to the layout of the proposed Pre-Preliminary Plat. (k) The Township Board and Planning Commission may require such proof of ownership of the land proposed to be subdivided as they deem necessary. (l) Other related data as the Planning Commission deems necessary. 3. School authorities. The School Board or School Board Superintendent of the School District having jurisdiction in the area concerned shall be informed and made aware of the proposed Pre-Preliminary Plat by the proprietor so that officials may have an opportunity to meet school needs. A letter or document from the School Board or School Board Superintendent indicating awareness of the proprietor's intentions shall be submitted to the Planning Commission as part of the Pre-Preliminary Plat.
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SECTION 11 – PLANNING & ZONING
4. Procedures. The Planning Commission shall follow the following procedures: (a) The Planning Commission shall review all details of the proposed subdivision within the framework of the Zoning Ordinance, within the various elements of the Comprehensive Development Plan and within the standards of this Subdivision Regulations Ordinance. (b) After reviewing comments of the Township Planner, Engineer and any other persons or agencies who have been provided copies of the Pre-Preliminary Plat, the Planning Commission shall make appropriate comments and suggestions concerning the proposed development. The Planning Commission may require the Proprietor to resubmit the Pre-Preliminary Plat if substantial changes are required, the Planning Commission shall receive a marked-up copy of the Pre-Preliminary Plat which shall retain one (1) copy of the Pre-Preliminary Plat which shall become a matter of permanent record in the Planning Commission's files and the proprietor shall receive a marked-up copy of the Pre-Preliminary Plat by the Planning Commission shall confer upon the proprietor the right to prepare and submit a preliminary plat for tentative approval. (c) The Planning Commission shall inform the Township Board of the results of the review of the Pre-Preliminary Plat.
SECTION 302. Preliminary plat-tentative approval. Tentative approval under this section shall confer upon the proprietor for a period of one (1) year from date, approval of lot sizes, lot orientation, and street layout. Such tentative approval may be extended if applied for by the proprietor and granted by the Board in writing. 1. Submittal. The proprietor shall submit ten (10) copies of the Preliminary Plat and other data to the Township Clerk and copies shall be distributed to: (a) Township Clerk retains three (3) copies. (b) Two (2) copies of the Preliminary Plat are sent to the Planning Commission. (c) Two (2) copies of the Preliminary Plat are sent to the Township Engineer. (d) Two (2) copies of the Preliminary Plat are sent to the Township Planner. (e) One (1) copy of the Preliminary Plat is sent to the School Board and the School district in which the plat is located. 2. Information required. The following information shall be shown on the Preliminary Plat or submitted with it: (a) Proposed name of subdivision. (b) Location of the subdivision giving the metes and bounds description according to Section, Township and Range, and the name of the Township and County. (c) Names and addresses of the proprietor, owner proprietor, and the planner, designer, engineer or surveyor who designed the subdivision layout. (d) The names, locations of abutting subdivision, layout of streets indicating street names, right-of-way widths and connections with adjoining platted streets, the widths and location of alleys, easements and public walkways and lot layouts. (e) The Preliminary Plat may be on paper and shall be not less than 24 inches by 36 inches at a scale of one hundred (100) feet to one inch showing date and north arrow. (f) A map of the entire area scheduled for future development, if the proposed plat is a portion of a larger holding intended for subsequent development. (g) Ten (10) copies of the proposed protective covenants and deed restrictions, or state in writing that none are proposed. If common areas are to be reserved for use of the residents of the subdivision, copies of an agreement showing how the area will be maintained, shall also be submitted.
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(h) Layout, numbers, area, and dimensions of lots including; dimensioned building setback lines. (i) Indication of parcels of land intended to be dedicated or set aside for public use or for the use of property owners in the subdivision. (j) Location of any existing and proposed sanitary sewers, water mains, storm drains and other underground facilities and public utilities. (k) A site report, if the proposed subdivision is not to be served by public sewer and water systems, as described in the rules of the State Department of Public Health. (l) Contours shall be shown on the Preliminary Plat at five (5) foot intervals where slope is greater than ten per cent (10%) and two (2) foot intervals where slope is ten (10%) per cent or less. Topographic contours to be based upon U.S.G.S. datum. (m) The proprietor shall submit preliminary engineering plans for streets, water, sewers, sidewalks and other required public improvements. The engineering plans shall contain enough detail to enable the Township Engineer to make preliminary determination as to conformance of the proposed improvements to applicable Township regulations and design standards of this ordinance. (n) The Preliminary Plat shall conform substantially with the approved Pre- Preliminary Plat.
3. Procedures. (a) The Preliminary Plat shall be placed on the agenda of the next regular meeting of the Planning Commission. (b) The Planning Commission shall review the Preliminary Plat and the comments of the Township Planner and Engineer and shall: recommend provisional approval subject to specified modifications and changes to be recorded in the minutes of the meeting. If provisional approval is granted, it shall be the responsibility of the proprietor to resubmit amended plans conforming to the specified modifications within fourteen (14) days of the date of this provisional approval. Failure to resubmit revised plans within fourteen (14) days, shall result in the submittal to the Township Board with a recommendation for disapproval. If the revised plans are timely submitted, and revisions meet the approval of the Township Engineer, and Planner, and conform to the specified modifications of the Planning Commission, the plat shall be submitted to the Township Board with recommendations for tentative approval of the preliminary plat. The Planning Commission shall give its report to the Township Board not more than sixty (60) days after submission of the Preliminary Plat. The sixty (60) day period may be extended if the proprietor consents. If no action is taken within sixty (60) days, the Preliminary Plat shall be deemed to have been approved by the Planning Commission. (c) The Township Board shall not review a preliminary plat until it has received the review and recommendations of the Planning Commission. Upon receipt of the recommendations from the Planning Commission, the Township Board shall at their next regular meeting review said Preliminary plat and within ninety (90) days from date of filing, tentatively approve the Preliminary Plat or disapprove said Plat. The Board shall record their approval on the Plat and return one copy to the proprietor or set forth in writing its reasons for rejection and requirements for tentative approval. (d) The proprietor upon receiving tentative approval from the Township Board shall submit the Preliminary Plat to all authorities as required by Sections 112 through
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119 of the Subdivision Control Act. Tentative approval shall not constitute final approval of the preliminary plat.
SECTION 303. Preliminary plat-Final approval. Final approval of the Preliminary Plat under this section shall confer upon the proprietor for a period of two (2) years from date of approval, the conditional right that the general terms and conditions under which preliminary approval was granted will not be changed. The two (2) year period may be extended if applied for by the proprietor and granted by the Township Board in writing. Written notice of the extension shall be sent by the Township Board to the other approving authorities. 1. Submittal. The proprietor desiring final approval of a Preliminary Plat shall submit to the Township Clerk the following information. (a) Ten (10) copies of a valid preliminary plat with a certified list of all authorities required for approval in Sections 112 through 119 of the Subdivision Control Act to the Municipal Clerk. (b) Copy of the receipt from the Municipal Treasurer that all Engineering inspection fees, and other charges and deposits, as provided in Article VII of this Ordinance, have been paid. (c) Final engineering construction plans for all improvements to be constructed in connection with the proposed plat in accordance with standards and specifications of the Township Engineering and Township Board. 2. Procedures. The Township Board, after receipt of the necessary approved copies of the Preliminary Plat, shall: (a) Consider the review and recommendation of the Township Engineer and Planner for compliance with tentatively approved preliminary plat and engineering design standards. (b) Consider the Preliminary Plat at its next meeting, or within twenty (20) days from the date of the submission of all necessary approved plats. (c) If the preliminary plat conforms substantially to the plat approved tentatively by the Township Board and has met all conditions specified for tentative approval, the Township Board shall give the final approval to the preliminary plat. (d) The Township Clerk shall promptly notify the proprietor of approval or rejection in writing, and if rejected, to give the reasons. (e) Construction of improvements may be commenced by the proprietor if he has: (1) Received notice of final approval of the Preliminary Plat by the Township Board, and engineering plans have been approved by the Township Engineer. (2) Entered into a subdivision agreement with the Township for construction of all required subdivision improvements. (3) Deposited with the Township a performance guarantee and cash escrow as required under Section 501 of this Ordinance.
SECTION 304. Final plat approval. Following final approval of the Preliminary Plat by the Township Board, the proprietor shall cause a survey and five true plats thereof to be made by a surveyor. 1. Submittal. Final Plats shall be submitted to the Township Clerk and shall be accepted after the date of expiration of the Preliminary Plat approval. An additional five (5) paper prints shall also be submitted. 2. Information required. All Final Plats of subdivided land shall comply with the provisions of the Subdivision Control Act of 1967 and shall conform to the approved preliminary plat. (a) An abstract of title certified to date of the proprietor's certificate to establish recordable ownership interest and any other information deemed necessary for
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the purpose of ascertaining whether the proper parties have signed the plat, or a policy of title insurance currently in force, covering all of the land included within the boundaries of the proposed subdivision. The Township Board, in lieu of an abstract of title, may accept on its own responsibility an attorney's opinion in writing based on the abstract of title as to ownership and marketability of title of the land. 3. Procedures. (a) The Final Plat shall be reviewed by the Township Engineer as to compliance with the approved Preliminary Plat and final construction plans for utilities and other improvements. (b) The Township Board shall review all recommendations and take final action of the Final Plat within 20 days of its date of filing and shall: (1) Approve the plat if it conforms to all provisions of this Act and instruct the Clerk to certify on the plat the Township Board approval, showing the date of the approval, the approval of the Health Department, when required, and the date thereof as shown on the approved preliminary plat; or (2) Reject the plat, instruct the Clerk to give the reasons in writing as set forth in the minutes of the meeting, and return the plat to the proprietor. (c) The Clerk shall transcribe a certificate of approval of the Township Board on the plat and deliver all copies to the Clerk of the County Plat Board together with the filing and recording fee required by the Plat Act.
ARTICLE IV DESIGN STANDARDS FOR SUBDIVISION PLANNING The following design standards are intended as a guide to sound land planning and are the minimum standards for subdivision development in the Township of Fenton.
SECTION 400. Streets and alleys. The specifications herein set forth are to be the standards adopted for the width and location of all highways, streets and alleys which may hereafter be platted or accepted within the Township of Fenton. The standards for County roads are intended to he in harmony with road and right-of-way standards and policies of the Genesee County Road Commission. 1. Layout. The layout of proposed street shall provide for the continuation of existing streets in surrounding areas and/or shall conform to a plan for the neighborhood approved by the Planning Commission in cases where topographical or other conditions preclude the continuation of existing streets. In general, such streets shall be of width as great as that of the street so extended. Local residential streets shall be laid out as to discourage their use by through traffic. 2. Major thoroughfares. Where the subdivision abuts or contains an existing or proposed major thoroughfare, the Planning Commission shall require the construction of marginal access streets or reverse frontage of lots with provision of screen planting contained in a non-access reservation along the rear property lines with a minimum width of fifteen (15) feet, or with side lot lines parallel to the major thoroughfare. 3. Private streets and alleys. Private streets and alleys shall not be permitted, but rather all streets and alleys shall be dedicated to the public. 4. Access to property. A plat shall not be approved which is isolated from or which isolates other lands from existing public streets, unless suitable access is provided. 5. Intersections. Intersecting streets shall be laid out so that the intersection angle is as nearly as possible to ninety (90) degrees. Streets convening at one point shall be reduced to the least practicable number.
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6. Half-streets. Half-streets shall not be permitted where a subdivision adjoins developed property, except for such major streets of over sixty (60) feet in right-of-way width as may be recommended in the Comprehensive Development Plan or by the Genesee County Road Commission. They shall be permitted only when the Planing Commission considers the use of a half-street essential to the reasonable development of the subdivision in accordance with the intent of these regulations and where said Commission finds it practicable to require the dedication of the other half of the right-of-way when the adjoining property is subdivided. Wherever there already exists a dedicated and recorded half-street or half-alley on an adjoining plat, the other half shall be dedicated on the proposed lot to make the street or alley complete. A one- foot public reserve may be required to be placed between half-streets and subdivision boundaries. These reserves shall be deeded in fee simple to the Township for future street purposes. 7. Dead-end streets. Where adjoining areas arc not platted, the arrangement of streets in new subdivisions shall be extended to the boundary line of the tract to make provisions for the future projection of streets into adjacent areas. A one-foot public reserve may be required to be placed between half-streets and subdivision boundaries. These reserves shall be deeded in fee simple to the Township for future street purposes. 8. Alleys. Alleys shall not be permitted in residential areas, but may be permitted or required in commercial or industrial areas for the purpose or service access, such as for off-street parking and loading. 9. Street names. Street names shall not be permitted which may cause confusion for purposes of assessing, mail delivery, or locating by the public with names of existing streets in or near the Township of Fenton. Streets that will be continuations of existing streets shall be called by the same names of such existing streets. 10. Building lines and setback lines. Building lines shall conform to the requirements of the Township Zoning Ordinance. 11. Street alignment. (a) Vertical curves shall be adequate to provide the minimum vertical visibility as required under Section 400-11C for Major Thoroughfares, Collector Streets and Minor Streets. (b) Minimum Horizontal centerline radii of curvature shall be: (1) Major Thoroughfares 700 feet radius (2) Collector Streets 450 feet radius (3) Local Streets 275 feet radius A minimum fifty (50) foot tangent shall be introduced between reverse curves on minor streets, one hundred (100) feet on collector streets and three hundred (300) feet on major thoroughfares. (c) Visibility requirements: (1) Minimum vertical visibility (measured from four and one-half (4 1/2) foot eye level to eighteen (18) inch tail light) shall be: 500 feet on major thoroughfares 300 feet on collector streets 200 feet on local streets 100 feet on local streets less than. 500 feet in length
(2) Minimum horizontal visibility, as measured on centerline, shall be: 300 feet on major thoroughfares 200 feet on collector streets 100 feet on local streets
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(d) Street Jogs: Street jogs with centerline off-sets of less than one hundred and fifty (150) feet shall be avoided. (e) Intersections: Curved streets intersecting: with major thoroughfares or collector streets shall do so with a tangent section of centerline one hundred (100) feet in length measured From the right-of-way of the major thoroughfare or collector streets. 12. Street grades. Profiles may be required on all streets at the discretion of the Township Engineer. The minimum gradient allowed shall be not less than 0.4 per cent. The maximum gradient shall be six per cent except that upon the recommendation of the Township Engineer an exception may he granted by the Township Board. 13. Surface drainage. Adequate and safe disposal of all yard drainage shall be provided in accordance with details and specifications prescribed by the Township Engineer. 14. Street right-of-way width. Street right-of-way widths shall conform to at least the following minimum requirements: (a) Street type Minimum right-of-way Major Thoroughfare (in accordance with the major Collector Street thoroughfare plan of the Township of Fenton) Industrial and Commercial Service Streets Sixty-six (66) feet Local (residential) Streets Sixty-six (66) feet Marginal Access Streets Forty (40) feet Boulevard Streets Eighty-six (86) feet Alleys Twenty-four (24) feet Cul-de-sac Streets Sixty (60) feet, terminating in a circle one hundred twenty (120) feet in diameter (b) Maximum length for residential cul-de-sac shall not exceed five hundred (500) feet. In very low density residential plats the Planning Commission, may at its discretion, permit this to be exceeded, but the maximum length may not exceed seven (7) times the average lot width. Maximum length of industrial cul-de-sac streets may exceed five hundred (500) feet subject to the approval of the Planning Commission, and shall terminate in a circle one hundred and fifty (150) feet.
SECTION 401. Utility and drainage easements. 1. Drainage easements shall be provided, which conform substantially with the lines of any natural water course, drainage ditch, channel or stream. Such easements shall be of adequate width for the particular conditions of the site. The Township Engineer, may, if he considers such requirement necessary to the proper development of the subdivision and the circulation of local traffic, require that the drain, if within a public right-of-way, will be tiled and enclosed. 2. Except where alleys are provided for the purpose, a private utility easement, not less than twelve (12) feet in width, with six (6) feet located on each side of the property line, shall be provided along rear or side lot line. Utility easements six (6) feet in width are permissible along rear property lines, in cases where such rear property lines abut unplatted land. 3. Land within a public drainage easement intended for surface use, or land within a private utility easement for major electrical power transmission lines, shall not be considered as satisfying a part of the minimum required lot area. 4. Private fencing shall not be permitted within public drainage easements.
SECTION 402. Lots. The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Lots shall be of such
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size as to permit a variety of housing types, to provide side yards for desirable access, light, air, privacy, and safety from fire hazards, and to provide for setbacks from the street line and allow sufficient space for household purposes. 1. Access. All lots shall abut upon their full frontage on a dedicated public street. Lots, other than corner lots, shall not be permitted to front onto two streets except when reverse frontage lots are to be platted in accordance with Section 400(2). 2. Depth. No lot shall be less than one hundred twenty (120) feet in depth. The depth of a lot may not exceed a depth to width radio of 21/2 to 1. 3. Corner lots. Corner lots in single family plats shall be provided with an extra fifteen (15) feet of width to permit the maintenance of the minimum front building setback lines on both the front and side street lines. 4. Side lot lines. Side property lines of lots shall generally be perpendicular or radial to street lines except where, in the opinion of the Planning Commission a better lotting plan can be achieved. Side and rear property lines should be straight. In plats specifically intended for mobile homes, side lot lines shall be as near to 30 degrees to the street as possible. 5. Area. The area, width and depth of lots shall be in accordance with the minimum Zoning Ordinance requirements for the district in which the Plat is proposed. For purposes of determining whether a lot meets the minimum requirement for lot area, only usable land area shall be considered. Wetlands and lake areas shall be excluded from the land area calculation. (Amended: Ord. No. 496, 5-20-96) 6. Industrial and commercial lots. No lot or parcel zoned industrial or commercial shall be platted unless such lot or parcel be sufficient in size as to provide sufficient area for off-street parking and loading in accordance with the provisions of this Subdivision Control Ordinance. 7. Roadways or easements. Roadways or easements for ingress and egress to adjacent land through or over platted lots is prohibited. (Added: Ord. No. 452, 1-23-95)
SECTION 403. Blocks. The size and shape of blocks shall be appropriate for the type of lots and land use proposed. Blocks shall be designed so as to permit good lot orientation, safe street design and economical use of the land. 1. Maximum Length. Maximum length of blocks, measured between intersecting; street centerlines, shall not exceed 1,400 feet. This maximum may be exceeded where extreme topography conditions warrant or where lot sizes average over 20,000 square feet, except that in no case, however, may the maximum block length exceed 1,800 feet. 2. Minimum length. Minimum block length, measured as above, shall not be less than 500 feet. 3. Width. Width of blocks shall be equal to the total depth of two (2) tiers of lots and shall not be less than two hundred and forty (240) feet except where reverse frontage is required in Section 400(2). 4. Non-residential blocks. Blocks intended for purposes other than residential shall be especially designed for such purposes, shall have adequate provision for off-street parking and loading in accordance with the requirements of the Zoning Ordinance
SECTION 404. Pedestrianways. 1. Crosswalks. Right-of-way for pedestrian crosswalks in the middle blocks exceeding 1,000 feet in length shall be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas. The right-of-way shall be at least ten (10) feet wide and extend entirely through the block.
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2. Surfacing. The walkway surface shall be five (5) feet in width, and constructed to meet County concrete sidewalk specifications. The balance of the easement shall be seeded or sodded to meet Township or County specifications.
SECTION 405. Use restrictions and flood plain. 1. Restrictions. Wherever property is subdivided with the intention that it shall have a use more restrictive than that designated in the Zoning Ordinance, such use shall be stated in an application for an amendment to the Zoning Ordinance or in a separate statement filed with the Planning Commission. Conformance with the objectives of the Comprehensive Development Plan shall be required so as to insure general uniformity of land uses within blocks and neighborhoods. 2. Land subject to flooding. Any areas within the proposed plat which are subject to flooding, inundation by storm water, or within the flood plain of a river, stream, creek or lake, or have inadequate drainage shall not be platted for any use so as to increase danger to life, health or property. If the Township Board determines that a flood problem does exist, then it shall reject all or part of the proposed plat lying within the flood plain or area subject to flooding. Areas of land lying within a flood plain shall require compliance with the Subdivision Control Act and review by the Michigan Department of Natural Resources. The proprietor may show by engineering site plans that a change in the topography will eliminate flooding and shall demonstrate that any planned topographical change will not aggravate the flood hazard beyond the limits of the plat.
ARTICLE V REQUIRED IMPROVEMENTS SECTION 501. Utilities and improvements. The improvements set forth under this section are to be considered as the minimum acceptable standard. All those improvements for which standards are not specifically set forth shall be established by the Township Engineer or by the Township Board. All utilities except essential services, shall be placed underground.
The proprietor shall be required to deposit with the Township Clerk cash, certified check, or irrevocable bank letter of credit, whichever the proprietors select, or a corporate surety bond acceptable to the Township Board, in an amount sufficient to insure the construction of all improvements including sidewalks required on major thoroughfare and collector street rights-of-way. The amount of deposit shall be set by the Township Board based on an estimate by the Township Engineer. The deposit shall guarantee the completion of the required improvements within a period of time specified by the Township Board from the date of the approval of the final plat. The Township shall rebate to the proprietors as the work progresses, amounts of cash deposits equal to the ratio of work completed to the entire project. The proprietor shall place cash in escrow for the following: water main testing and chlorination, traffic name and traffic controls signs.
Prior to the acceptance by the Township of improvements, a three year maintenance bond in an amount equal to 35 per cent of the total cost shall be deposited by the proprietor. (1) Suggested location for utility structures: General Location on sixty-six foot right-of-way (a) North and South Street EAST SIDE: Storm Sewer...... 15' to 23' from centerline Water Main...... 25' from centerline WEST SIDE:
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Gas Main ...... 19' from centerline Sanitary Sewer...... 24' from centerline Utility Poles ...... 27' from centerline (b) East and West Street NORTH SIDE: Storm Sewer ...... same as above Utility Poles ...... same as above Water Main...... same as above SOUTH SIDE: Gas Main ...... same as above Sanitary Sewer...... same as above (2) Street pavement. Street improvements shall be provided by the proprietor in accordance with standards and specifications of the County Road Commission and the following schedule: (a) Street Type Pavement Width Major Thoroughfare (measured curb back to curb back) in accordance with standards and specifications established by the Township Engineer Collector Street Thirty-six (36) feet Industrial and Commercial Thirty (30) feet Service Street Local Single Family Street Thirty (30) feet Multiple Family Street Thirty-six (36) feet Marginal Access Street Twenty-two (22) feet Boulevard Street Dual twenty-two (22) foot pavements separated by a twenty (20) foot island Alleys Twenty (20) feet Cul-de-sac streets (outside radius) Industrial Sixty-five (65) feet Residential Fifty (50) feet (2) (A) Storm drainage. All streets shall have enclosed storm drainage sewers in accordance with standards and specifications prescribed by the Township Engineer. Where County drains arc included in the proposed plat, a letter or document of approval shall be submitted by the proprietor from the Genesee County Drain Commissioner. (3) Sanitary sewerage system. All new plats shall have a sanitary sewerage system which must meet standards and specifications prescribed by the Township Engineer, the Township Board of Health, and the Genesee County Drain Commissioner. A letter or document of approval from the latter-agencies must be submitted by the proprietor. (4) Water system. Each lot shall be serviced with an adequate water supply subject to the standards and specifications of the Township Engineer and the Genesee County Health Department. (5) Curbs and gutters. Roll or batter curbs shall be constructed on all streets shown on the plat in accordance with standards and specifications of the Township Engineer. (6) Sidewalks. Concrete sidewalks may be required to be constructed along those streets shown on the plat, including major thoroughfares, where the Planning Commission determines that sidewalks are required for the health, safety and welfare of the citizens of the Township. In determining whether sidewalks should be required on any specific street, the Planning commission shall consider the following factors: (a) Proposed density of residential use in the proposed subdivision and surrounding residential areas.
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(b) Proximity to schools, shopping centers and other public facilities that could generate pedestrian traffic. (c) Potential for future residential development as shown on the Township Master Plan. In making its determination that sidewalks may be required on specified streets in a subdivision, the Planning commission shall specify whether sidewalks are required on one side or both sides of the streets. Sidewalks where required, shall be five (5) feet in width and shall be placed one (1) foot off the property line. Sidewalks shall be constructed in accordance with standards and specifications prescribed by the Planning Commission. Where the average lot width, as measured at the building setback line, is over one hundred and fifty (150) feet, no sidewalks shall be required. (Amended by Ord. No. 430 5-17-93) (7) Trees. Street trees shall be planted between curb and sidewalk in accordance with the following schedule for all residential lots: (a) Lots with street frontage of sixty-five (65) feet or less shall have n minimum of one (1) tree. (b) Lots with street frontage of sixty-five (65) feet or more, and less than one hundred twenty (120) feet shall have a minimum of two (2) trees. (c) Lots with street frontage of one hundred twenty (120) or more shall have a minimum of three (3) trees. (d) Minimum tree size shall be three (3) to four (4) inches caliper as measured six (6) inches above crown. (e) The selection of variety spacing and planting of all trees shall be done in accordance with standards and specifications of the Township of Fenton or County Road Commission. (8) Street signs. For the proper identification of streets, the subdivider shall provide and erect street signs at all intersections meeting the standards of the Township of Fenton. (9) Street lighting. Street lights shall be required at intersections throughout the subdivision. In these cases, a subdivider shall conform to the requirements of the Township and public utility providing such lighting.
SECTION 502. Completion and acceptance for maintenance. (1) Certification by the developer’s engineer. The proprietor's engineer shall furnish the County Road Commission a letter or document indicating satisfactory completion of the required improvements. (2) Inspection by the proprietor's engineer and the Township Engineer. After the completion of the construction of the streets and other related facilities, the Township Engineer will conduct a final inspection. This inspection shall be made in conjunction with the proprietor's Engineer to assure the Subdivision is completed according to the approved plans and specifications. (3) Partial acceptance. In no case will a partial acceptance of any street in the Subdivision be made for maintenance.
ARTICLE VI VARIANCES SECTION 600. Variances in general. The Township Planning Commission may recommend to the Township Board a variance from the provisions of this Ordinance on a finding that application of such provision of requirement is impracticable. The Planning Commission shall only recommend variances that it deems necessary to or desirable for the public interest. In making its findings, as required herein below, the Planning Commission shall take into account the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work
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in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be recommended unless the Planning Commission finds after a public hearing: (1) That there are such special circumstances or conditions affecting said property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable. In such cases the subdivider shall first state his reasons in writing as to the specific provision or requirement involved and submit them to the Planning Commission. (2) That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. (3) That such variance will not violate the previsions of the State Subdivision Control Act. (4) The Planning Commission shall include its findings and the specific reasons therefor in its report of recommendations to the Township Board and shall also record its reasons and actions in its minutes. (5) That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan.
ARTICLE VII FEES Engineering fees, inspection fees, water connection charges and other applicable development charges may be provided for by resolution of the Township Board. The proprietor shall pay all applicable filing fees as established by the Township Board. When the Final plat is submitted to the Township Clerk, a filing and recording fee of $20.00 shall be deposited as provided in Section 241 of Act 288, Public Acts, 1967. All plats hereafter submitted to the Township shall not be reviewed or acted upon unless the following fees accompany the proposed plat: (1) Upon original submission of Preliminary Plat for tentative approval, the total sum of $5.00 times the number of lots contained in the proposed subdivision, but not less than a minimum of $100.00. (2) Upon submission of Preliminary Plat for final approval, the total sum of $5.00 times the number of lots contained in the proposed subdivisions, but not less than a minimum of $100.00. (3) Upon submission of the Final Plat for preliminary review by the Township Clerk prior to submission to the Township Board for final approval, the total sum of $5.00 times the number of lots contained in the proposed subdivision hut not less than a minimum of $100.00 plus: (a) $50.00 for title examination of the abstract unless the proprietor submits a fee title insurance policy or lawyer's title opinion in which event the sum of $25.00 for review of the title policy or lawyer's title opinion and $100.00 for review of public water supply plans and $100.00 for review of public sanitary sewer system, or the direct cost incurred by the Township over the $100.00 minimum. (b) $75.00 for preparation by the Township of each of the following documents if required by the Michigan Subdivision Control Act, provided that if the documents shall be prepared and submitted by the proprietor and shall not require any revision, then the sum of $25.00 for review of each of the following documents: 1. Deposit agreement for guaranteed placement of subdivision monuments if monuments are not placed by the proprietor at time of submission of final plat. 2. Deposit agreement for guaranteed installation of Township roads, streets, alleys, bridges and culverts if some are not completed at time of submission of
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final plat. (This does not apply to county roads or state highway improvements.) 3. Deposit agreement for guaranteed construction of lagoons, water- ways, etc., where subdivision includes such and if not completed and in place at time of submission of Final Plat. 4. Deposit agreement for restrictive covenants to prevent building in floodplain area if subdivision includes such. 5. Subdivision common use area documents if subdivision includes such. (Sec. 258 of Plat Act.)
ARTICLE VIII LOT SPLITTING 1. Submittal and review. Any person desiring a lot split within a platted area shall submit to the Township Assessor written application for lot splitting, and five (5) copies of the lot split. In addition he shall deposit the necessary fees as provided in Article VI of this Ordinance. 2. Duties of Township Assessor. The Township Assessor shall review the proposed lot split to determine its compliance with the applicable Township Ordinances, and with Act 288, Public Acts, 1967. If the resultant split is in conformance with these conditions, the Township Assessor shall have the authority to authorize the requested lot splits. 3. Taxes. No lot shall be split until all taxes and special assessments have been paid. A receipt of payment must be submitted with the proposed lot split plan.
ARTICLE IX PENALTY Any person who shall violate any of the provisions of these regulations, whether such person be the owner or agent of the owner of the property shall be fined not to exceed the sum of one hundred ($100.00) dollars, and the cost of the prosecution or by imprisonment for not more than ninety (90) days, or both, at the discretion of the court. Each day such violation shall exist shall constitute a separate offense. Furthermore, all persons shall be subject to the penalties set forth in Section 264 of the Subdivision Control Act of 1967, Act No. 288, P.A. 1967.
ARTICLE X VALIDITY Should any section, clause or provision of these regulations be declared by the courts to be invalid, the same shall not affect the validity of these regulations as a whole, or any part thereof, other than the part so declared to be invalid.
ARTICLE XI EFFECTIVE DATE This ordinance shall be effective immediately upon its publication. Made and passed by the Township Board of the Township of Fenton, this 10th day of December, 1969.
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LAND DIVISION Ordinance No. 516 Adopted: October 6, 1997
An ordinance to regulate partitioning or division of parcels or tracts of land in the Charter Township of Fenton, enacted pursuant but not limited to Michigan Public Act 288 of 1967, as amended, and Act 246 of 1945, as amended, being the Township General Ordinance statute; to provide a procedure therefore; to repeal any ordinance or provision thereof in conflict herewith; and to prescribe penalties and enforcement remedies for the violation of this ordinance.
THE CHARTER TOWNSHIP OF FENTON, COUNTY OF GENESEE, STATE OF MICHIGAN ORDAINS:
SECTION 1. Title. This ordinance shall be known and cited as the Charter Township of Fenton Land Division Ordinance.
SECTION 2. Purpose. For purposes of the ordinance, certain terms and words used herein shall have the meaning set forth herein. Additionally, where terms and words are set forth in the State Land Division Act t, those terms and words shall have the definitions ascribed to them in the State Land Division Act, except as set forth within this section.
This ordinance is to carry out the provisions of the State Land Division Act (1967 PA 288, as amended, formerly known as the Subdivision Control Act), to prevent the creation of parcels of property which do not comply with applicable ordinances and said Act, to minimize potential boundary disputes, to maintain orderly development of the community, and otherwise provide for the health, safety and welfare of the residents and property owners of the Township by establishing reasonable standards for prior review and approval of land divisions within the Township.
SECTION 3. Definitions. For purposes of this ordinance certain terms and words used herein shall have the following meaning: A. Administrator. The Township Assessor B. Accessible", in reference to a parcel, means that the parcel meets 1 or both of the following requirements: (i) Has an area where a driveway provides vehicular access to an existing road or street and meets all applicable location standards of the state transportation department or county road commission under 1969 PA 200, MCL 247.321 to 247.329, and of township, or has an area where a driveway can provide vehicular access to an existing road or street and meet all such applicable location standards. (ii) Is served by an existing easement that provides vehicular access to an existing road or street and that meets all applicable location standards of the state transportation department or county road commission under 1969 PA 200, MCL 247.321 to 247.329, and of the township, or can be served by a proposed easement that will provide vehicular access to an existing road or street and that will meet all such applicable location standards.
C. Applicant. a natural person, firm, association, partnership, corporation, or combination of any of them that holds an ownership interest in land, whether recorded or not. D. Divide or Division. the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale or lease of more than one year, or of building development that results in one or more parcels of less than Updated 1/1/2021 Page: 11 - 17
SECTION 11 – PLANNING & ZONING 40 acres or the equivalent, and that satisfies the requirements of Sections 108 and 109 of the State Land Division Act. E. Exempt Split or Exempt Division. the partitioning or splitting of a parcel or tract of land by the proprietor thereof, or by his or her heirs, executors, administrators, legal representatives, successors or assigns, that does not result in one or more parcels of less than 40 acres or the equivalent. F. Forty acres or the equivalent. either 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres. G. Governing body. Means the legislative body. Charter Township of Fenton H. Land. means all land areas occupied by real property, except the submerged bottomlands of inland lakes, rivers and streams. I. Meander Line. is often defined as a traverse of the margin of a permanent natural body of water. The original government surveys for properties in Michigan (from 150 years ago or even earlier) often used meander lines to ascertain the amount of dry land remaining after separating out the water area J. Township. the Charter Township of Fenton. K. Township Board. the township board of the Charter Township of Fenton. L. Underwater. Situated, occurring or done beneath the surface of water. M. Traverse Line. Traverse is a method in the field of surveying to establish control networks. It is also used in geodetic work. Traverse networks involved placing the survey stations along a line or path of travel, and then using the previously surveyed points as a base for observing the next point.
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SECTION 4. Prior Approval Requirement For Land Divisions. Land in the township shall not be divided without the prior review and approval of the Township Assessor in accordance with this ordinance and the State Land Division Act; provided that the following shall be exempted from this requirement:
A. A parcel proposed for subdivision through a recorded plat pursuant to the Township’s Subdivision Control Ordinance and the State Land Division Act.
B. A lot in a recorded plat proposed to be divided in accordance with the Township's Subdivision Control Ordinance and the State Land Division Act.
C. An exempt split as defined in this Ordinance.
SECTION 5. Application For Land Division Approval. An applicant shall file all of the following with the Township Assessor or other official designated by the Township Board for review and approval of a proposed land division before making any division either by deed, land contract, lease for more than one year, or for building development:
A. A completed application form on such form as may be provided by the Township. B. Proof of fee ownership of the land proposed to be divided. C. A survey or tentative parcel map of the land proposed to be divided, prepared pursuant to the survey map requirements of 1970 Public Act 132, as amended, (MCL 54.211) by a land surveyor licensed by the State of Michigan, and showing the dimensions and legal descriptions of the existing parcel and the parcels proposed to be created by the division(s), the location of all existing structures and other land improvements, and the accessibility of the parcels for vehicular traffic and utilities from existing public or private roads and/or proposed public roads. D. Proof that all standards of the State Land Division Act and this Ordinance have been met. E. Proof that all due and payable taxes or installments of special assessments pertaining to the land proposed to be divided are paid in full. F. If a transfer of division rights is proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer. G. All divisions shall result in parcels sufficient to comply with the minimum area and width requirements of the Fenton Township Zoning Ordinance, (Ordinance 186, Article XVII). Declared agricultural land and land for forestry use shall not be subject to the foregoing as “development sites” as provided in Section 102 of the State Land Division Act. H. The Charter Township of Fenton has 22 lakes additional streams and rivers throughout the Township. Therefore, the depth to width ratio has been changed to 1:5 by Ordinance under the authority of 560.109 (b). The exceptional topography and physical conditions along with parcel compatibility with surrounding lands. The depth to width ratio does not apply to a parcel larger than 10 acres nor does it apply to the remainder of a parent parcel. I. The fee, as may from time to time be established by resolution of the Township Board, to cover the costs of review of the application and administration of this Ordinance and the State Land Division Act.
SECTION 6. Procedure For Review Of Applications For Land Division Approval. A. The Township shall approve or disapprove the land division applied for within 45 days after receipt of a complete application conforming to the requirements of this Ordinance and the State Land Division Act, and shall promptly notify the applicant of Updated 1/1/2021 Page: 11 - 19
SECTION 11 – PLANNING & ZONING the decision, and if denied, the reasons for denial. B. Any person or entity aggrieved by the decision of the Township Assessor or designee may, within 30 days of said decision, appeal the decision to the Township Board which shall consider and resolve such appeal by a majority vote of said Board at its next regular meeting affording sufficient time for a 20 day written notice to the applicant (and appellant where other than the applicant) of the time and date of said meeting and appellate hearing. C. The Township Assessor or designee shall maintain an official record of all approved and accomplished land divisions or transfers. D. Approval of a division is not a determination that the resulting parcels comply with other ordinances or regulations. E. The Township and its officers and employees shall not be liable for approving a land division if building permits for construction on the parcels are subsequently denied because of inadequate water supply, sewage disposal facilities or otherwise, and any notice of approval shall include a statement to this effect.
SECTION 7. Standards For Approval Of Land Divisions. A proposed land division shall be approved if the following criteria are met: A. The proposed land division, including resulting parcels. Comply with all requirements of the State Land Division Act and this ordinance. B. All the parcels to be created by the proposed land division(s) fully comply with the minimum area and width requirements of the Fenton Township Zoning Ordinance, (Ordinance 594, Article 3), or have received a variance from such requirement(s) from the Fenton Township Zoning Board of Appeals. C. The proposed land division(s) comply with all requirements of the State Land Division Act and this Ordinance. D. All parcels created and remaining have adequate frontage on an existing public road or existing private road for public utilities and emergency and other vehicles not less than the requirements of the Fenton Township Zoning Ordinance and this Ordinance, or All parcels created and remaining have adequate frontage on a proposed new dedicated public road for public utilities and emergency and other vehicles not less than the requirements of the Genesee County Road Commission, the Fenton Township Zoning Ordinance and this Ordinance. 1. Where accessibility is to be provided by a proposed new dedicated public road, proof that the Genesee County Road Commission or Michigan Department of Transportation has approved the proposed layout and construction design of the road and of utility easements and drainage facilities connected therewith. 2..Accessible", in reference to a parcel, means that the parcel meets 1 or both of the following requirements: (i) Has an area where a driveway provides vehicular access to an existing road or street and meets all applicable location standards of the state transportation department or county road commission under 1969 PA 200, MCL 247.321 to 247.329, and of township, or has an area where a driveway can provide vehicular access to an existing road or street and meet all such applicable location standards. (ii) Is served by an existing easement that provides vehicular access to an existing road or street and that meets all applicable location standards of the state transportation department or county road commission under 1969 PA 200, MCL 247.321 to 247.329, and of township, or can be served by a proposed easement that will provide vehicular access to an existing road or street and that will meet all such applicable location standards.
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SECTION 11 – PLANNING & ZONING The ratio of depth to width of any parcel created by the division does not exceed a five to one ratio, or a variance has been granted by the Fenton Township Zoning Board of Appeals to allow a ratio exceeding five to one. The ratio does not apply to the remainder of the parent parcel or a parcel larger than 10 acres. The depth of a parcel created by a land division shall be measured within the boundaries of each parcel from the abutting road right-of-way to the most remote boundary line point of the parcel from the point of commencement of the measurement. The width shall be “Lot Width” as defined in the Fenton Township Zoning Ordinance. Except when a parcel to be divided is bounded by a shoreline of a body of water, the bearings and distances of an intermediate traverse/meander line must extend across so that it intersects the sidelines of said parcel on the survey. Lands presented to be divided on a body of water must contain a survey representing the traverse/meander line. This traverse or meander line is the point of which the depth of the parcel’s depth to width ratio will be calculated. The measurement extending from the traverse line into the water will be excluded from all calculations, including but not limited to lot area, square footage, and depth of the parcel(s). Submerged bottomlands on a lake, stream, river or canal will be excluded from all calculations. (Amended: Ord. No. 600, 12-16-02; Ord. No. 786, 03-21-16)
SECTION 8. Allowance For Approval Of Other Land Divisions. Notwithstanding disqualification from approval pursuant to this ordinance, a proposed land division which does not fully comply with the applicable lot, yard, accessibility and area requirements of the Fenton Township Zoning Ordinance or this Ordinance may be approved in the following circumstances:
A. Where the proposed land division involves only the minor adjustment of a common boundary line or involves a conveyance between adjoining properties which does not result in either parcel violating the Fenton Township Zoning Ordinance, this Ordinance, or the State Land Division Act.
SECTION 9. Consequences Of Noncompliance With Land Division Approval Requirement. Any division of land in violation of any provision of this Ordinance shall not be recognized as a land division on the Township tax roll and no construction thereon which requires the prior issuance of a construction or building permit shall be allowed. The Township shall further have the authority to initiate injunctive or other relief to prevent any violation or continuance of any violation of this Ordinance.
An unlawful division or split shall also be voidable at the option of the purchaser and shall subject the seller to the forfeiture of all consideration received or pledged therefor, together with any damages sustained by the purchaser, recoverable in an action at law.
SECTION 10. Severability. The provisions of this ordinance are hereby declared to be severable and if any clause, sentence, word, section or provision is declared void or unenforceable for any reason by any court of competent jurisdiction, it shall not affect any portion of this ordinance other than said part or portion thereof.
SECTION 11. Repeal. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed; however this Ordinance shall not be construed to repeal any provision in the Fenton Township Zoning Ordinance, the Fenton Township Subdivision Control Ordinance, or the Fenton Township Building Code or other ordinances of the Township which shall remain in full force and effect notwithstanding any land division approval hereunder.
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SECTION 12. Effective Date. This ordinance shall be published as required by law and shall take effect upon publication following its adoption.
CERTIFICATION
Enacted at a regular meeting of the Fenton Township Board held on the 6th day of October, 1997.
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LOT PARTITION Ordinance No. 688 Adopted: August 20, 2007
An ordinance to regulate partition of lots in platted subdivisions; to establish a procedure for reviewing and acting upon lot splitting requests; to establish administrative fees for consideration of lot splitting applications; to establish penalties for the violation of the ordinance; and to repeal Ordinance No. 475.
THE CHARTER TOWNSHIP OF FENTON, COUNTY OF GENESEE, MICHIGAN ORDAINS:
SECTION 1. Conformity with ordinance provisions. No lot, outlot or other parcel of land in a recorded plat shall be further partitioned or divided unless in conformity with the provisions of this Ordinance.
SECTION 2. Approval, disapproval; Planning Commission and ZBA. (a) The Fenton Township Planning Commission, after consideration of the recommendations of the advisory authorities hereafter identified, may approve or disapprove any proposed partition. The Township Planning Commission shall approve, approve with conditions or deny each application. The Planning Commission may also approve or deny an application as it may be modified by the applicant. (b) In the case where a proposed lot partition does not meet the requirements of the Township Zoning Ordinance and will require a variance prior to approval, the request shall be referred to the Township Zoning Board of Appeals (ZBA) which will have the power to approve the lot partition as well as the variance. (Amended: Ord. 764, 5-5-14)
SECTION 3. Division limit. No lot, outlot or other parcel of land in a recorded plat shall be divided into more than four (4) parts.
SECTION 4. Application procedure. The following procedure shall be followed by a party making application to partition a lot, outlot or other parcel of land in a plat: (a) Ten (10) copies of an application for the proposed partition shall be submitted to the Township Clerk at least 30 days prior to any meeting of the Fenton Township Planning Commission or ZBA as applicable which may be required. Application shall be on a form provided by the Township Clerk. (b) The application shall be accompanied by a sealed drawing of the proposed partition prepared by a registered civil engineer or registered surveyor. The drawing shall contain the information relating to the physical characteristics of the land and surrounding areas including driveways, fences, septic systems and wells on the subject property and all buildings on the property and within 100’ of the subject parcel; the adjacent rights-of-way and public utilities; the existing plat lot lines and zoning classifications; and such other pertinent information as the Planning Commission or ZBA shall from time to time request. (Amended: Ord. 764, 5-5-14)
SECTION 5. Fees.
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SECTION 11 – PLANNING & ZONING
An application for a partition shall be accompanied by a fee, the amount of which shall be established from time to time by the Fenton Township Board by resolution.
SECTION 6. Notarized consent from deed holder. Each applicant who is not the deed holder of record of the parcel of land to be partitioned shall submit with the application a notarized statement signed by each deed holder of record, giving consent to the proposed partition.
SECTION 7. Referral to other commissions, agencies. Applications proposing partitions shall be referred by the Township Planning Commission or ZBA, (if deemed necessary, because of the particular circumstances of the land or surrounding land), to the Genesee County Road Commission, the Genesee County Drain Commissioner, and to the Genesee County Health Department. (Amended: Ord. 764, 5-5-14)
SECTION 8. Review by Planning Commission or ZBA. The Township Planning Commission or ZBA shall review all proposed partitions referred to them and determine if all proposed sites will comply with the Fenton Township Zoning Ordinances and all applicable administrative rules and regulations. (Amended: Ord. 764, 5-5-14)
SECTION 9. Notification; published notice. The Township Clerk shall notify all residents and property owners of the Township Planning Commission or ZBA public hearing on the application for partition. The notice will comply with the requirements for notices for Special Use Permits outlined in Section 9.05 of the Township Zoning Ordinance. (Amended: Ord. 764, 5-5-14)
SECTION 10. Standards for Approval In considering the approval of a proposed lot partition, the Planning Commission or ZBA shall base the decision on the following standards: The proposed lots shall comply with the township zoning ordinance requirements for lots including density of dwelling units, minimum lot size standards, unless granted a variance by the ZBA, and must be able to meet all of the setback requirements of the ordinance. (a) A platted lot may be split into two non-conforming parcels for the purpose of adding to adjacent tax parcels. (b) The proposed lots shall be accessible as determined by the Genesee County Road Commission when the lot is adjacent to a public road, or by the Planning Commission when adjacent to a private road. (c) The proposed partition shall not have a negative drainage impact on adjacent properties. (d) The proposed partition shall not exceed the capacity of public infrastructure to service the area. (e) The proposed partition shall be consistent with the public health, safety and welfare of the community. (f) A platted lot may not be divided into more than four (4) parts, per the Land Division Act. (g) In the case of requests that require a variance from the ZBA, the ZBA shall apply the standards for approval of a variance contained in the Township Zoning Ordinance. (h) Depth to width ratio of 1:5 per Township Ordinance. When a parcel to be divided is bounded by a shoreline of a body of water, the bearings and distances of an intermediate traverse/meander line must extend across so that it intersects the sidelines of said parcel on the survey. Updated 1/1/2021 Page: 11 - 24
SECTION 11 – PLANNING & ZONING Lands presented to be divided on a body of water must contain a survey representing the traverse/meander line. This traverse or meander line is the point of which the depth of the parcel’s depth to width ratio will be calculated. The measurement extending from the traverse line into the water will be excluded from all calculations, including but not limited to lot area, square footage, and depth of the parcel(s). Submerged bottomlands on a lake, stream, river or canal will be excluded from all calculations.
(i) (Amended: Ord. 764, 5-5-14)
SECTION 11. Time Limit on Approval. Following approval of a lot split, the applicant must record the division with the County Register of Deeds and apply to the Township Assessor for separate tax ID numbers for each parcel where the lot partition resulted in new tax parcels. Failure to do so within one year of lot split approval shall result in expiration of the approval.
SECTION 12. Severability. This ordinance and its various sections, paragraphs and clauses thereof are hereby declared to be severable. If any article, paragraph or clause is adjudged unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby.
SECTION 13. Conflicting Ordinances. All ordinances and provisions of ordinances of the Charter Township of Fenton in conflict herewith, including Ordinance No. 475, are hereby repealed.
SECTION 14. Penalty for Violation. Violation of any of the provisions of this Ordinance shall hereafter constitute a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00) together with the cost of prosecution and/or imprisonment in the Genesee County Jail or such other place of detention as the court may prescribe for a period of time not to exceed ninety (90) days.
SECTION 15. Publication; effective date. This ordinance shall be published by the Township Clerk as required by law and shall take effect 30 days after publication.
Enacted at a regular meeting of the Fenton Township Board held on the 20th day of August 2007.
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To: Fenton Township Planning Commission
From: Mike Deem, Zoning Administrator
Date: August 4, 2021
Subject: Zoning Ordinance Amendment: Fueling
Based on the discussion at the July 8, 2021 Planning Commission meeting, Staff has provided a draft zoning ordinance amendment to regulate4 fueling tanks. The proposed regulations are based on the Michigan Flammable Liquid and Combustible Liquid Rules. The draft includes: Storage tanks would require a separate special land use permit Setbacks from property lines Setbacks from water and wetlands Setbacks from congregation of people Restrictions on who can dispense fuel Specific safety information to be submitted
12060 Mantawauka Drive, Fenton, MI 48430-8817 810-629-1537 (Phone) 810-629-9736 (Fax) Website: www.fentontownship.org E-mail: [email protected] 11.33a FUEL TANKS Location of fuel services including above ground fuel tanks and storage with a capacity over 500 gallons related to marine, health care, aviation, agriculture, industrial and recreational uses shall be permitted subject to the following: 1. Above ground storage tanks other than those holding water shall be located not less than fifty (50) feet from any lot line. 2. Storage tanks other than those holding water shall be located not less than fifty (50) feet from surface water or designated wetland. 3. Above ground storage tanks other than those holding water shall be located not less than one hundred (100) feet from public assemblage of 50 or more people. 4. Above ground storage tanks other than those holding water shall be located not less than three hundred (300) feet from any school, church, hospital, and adult care. 5. Above ground storage tanks shall be mounted on a solid concrete slab and provide secondary containment to prevent overturn and spilling, according to EPA specifications. 6. A Pollution Incidence Prevention Plan shall be submitted and approved as part of the Special Land Use. 7. Commercial fueling of marine vehicles for a marina shall be performed by employees of the marina. 8. Such uses may not be considered as customarily incidental to other permitted or special land uses and shall require a separate special land use permit. The applicant shall provide documentation for the following, with appropriate correspondence from the Michigan Environment, Great Lakes & Energy Department, Michigan State Police Fire Marshall, the EPA, local fire department, and Genesee County Health Department: 1. Description of any discharge of any type of wastewater to a storm sewer, drain, lake, stream, wetland, other surface water body or into the groundwater. 2. Description of storage of any salt, oil or other potentially hazardous materials including common name, name of chemical components, location, maximum quantity expected on hand at any time, type of storage containers or base material, and anticipated procedure for use and handling. 3. Description of any transportation, on-site treatment, storage or disposal of hazardous waste generated in quantities in excess of 250 gallons or 2,200 pounds per month. 4. Description of secondary containment measures proposed including design, construction materials and specifications, volume and security measures. 5. Name and phone number(s) of person(s) responsible for materials and available 24 hours, in case of detected spill.
Memorandum
To: Fenton Township Board of Trustees
From: Michael Deem, AICP, Zoning Administrator
Date: June 29, 2021
Subject: ZO21-004 Amendment to Section 3.21 Planned Unit Development (PUD)
Authorization of Planned Unit Developments comes from the Michigan Zoning Enabling Act. Under this Act, communities are allowed to “establish requirements in a zoning ordinance that permit flexibility in the regulation of land development, encourage innovation in land use and variety in design, layout, and type of structures constructed, achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities, encourage useful open space, and provide better housing, employment, and shopping opportunities particularly suited to the needs of the residents of this state.”
Examples of the Township utilizing the PUD method to grant deviations include: Lot size and lot width in Byrum Ridge Building height and uses in Horizon Lakes Airpark Use and density in Cottage Cove
The proposed amendment to Section 3.21 would clarify what deviations from the zoning ordinance are allowed under a PUD (permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, and land use density), identify qualifying conditions for a PUD, and standards for approval.
12060 Mantawauka Drive, Fenton, MI 48430-8817 810-629-1537 (Phone) 810-629-9736 (Fax) Website: www.fentontownship.org E-mail: [email protected] SECTION 3.21 Planned Unit Development (PUD)
The Planned Unit Development zoning district is designed to provide a framework within which a developer, upon his initiation, can relate the type, design and layout of residential and/or commercial uses to a particular site and particular demand for housing and/or other local commercial facilities in a manner consistent with the preservation of property values within established residential areas. The section also provides an added degree of flexibility in the building design and land use arrangement so that a mixture of housing units and provision of common open space can be provided. The zoning district is intended to accommodate developments with mixed or varied uses, on sites with unusual topography or unique settings within the community, or on land which exhibits difficulty or costly development problems or sites that contain natural features such as wetlands, farmland or woodlots that are important for the Township to retain in order to protect it’s character and shall not be allowed where this zoning classification is sought primarily to avoid the imposition of standards and requirements of other zoning classifications rather than to achieve the stated purposes herein set forth. The Township Board does hereby determine that the following regulations are the minimum requirements for the promotion and protection of the public health, safety and welfare. Some uses permitted in this district are required to comply with specific design standards.
A. Permitted principal uses
All permitted principal uses by right or by special use permit as identified in the Table of Uses (Table 3–3) shall be permitted in the PUD district. In addition, the following uses shall be permitted only in the PUD district.
1. Residential, aviation development 2. Residential, equestrian development (5 acre minimum for first horse and 1 acre for each horse over one)
In PUD’s approved solely for agricultural or residential uses, the use of waterfront property for the purpose of providing access to such body of water for non-riparian property owners is prohibited, with the exception of the redevelopment of commercial properties existing as of the effective date of the amendment to this section (11-10-03). The Township Board may allow the use of the water body by adjacent residential nonriparians as part of such PUD redevelopment, provided that the result of the redevelopment decreases the total number of boat slips permitted by the Department of Environmental Quality, as of the effective date of the amendment to this section (11-10-03), by at least 50%, and all launch sites are removed. In approving the PUD, the Township Board may permit retention of more than 50% of the existing slips, not to exceed 5, provided they determine the proposed improvements will result in a proper and safe use of water resources in the Township and will maintain the physical, ecological, cultural and aesthetic characteristics of the lake, preserve and protect the quality and safety of the lake
12060 Mantawauka Drive, Fenton, MI 48430-8817 810-629-1537 (Phone) 810-629-9736 (Fax) Website: www.fentontownship.org E-mail: [email protected] and shoreline and rights of riparian owners and users as well as the Township as a whole, and promote the public health, safety and welfare of all persons making use of the lake and properties adjacent to the lake. B. Qualifying conditions. In order to qualify for PUD approval, the applicant must demonstrate in writing that the proposed PUD will meet each of the following criteria: 1. Demonstrated benefit. The PUD shall provide two or more of the following benefits not possible under the requirements of another zoning district, as determined by the planning commission: a. Preservation of significant natural or historic features. b. A complementary mixture of uses or a variety of housing types. c. Common open space for passive or active recreational use. d. Mitigation to offset community impacts. e. Redevelopment of a nonconforming site where creative design can address unique site constraints. 2. Availability and capacity of public services. The proposed type and design of use shall not result in an unreasonable increase in the use of public services, public facilities, and utility capacities. 3. Compatibility with the master plan. The proposed PUD shall be compatible with the overall goals and recommendations as proposed in the Fenton Township Master Plan. 4. Compatibility with the PUD purpose. The proposed PUD shall be consistent with the purpose of Section 3.21. 5. Development impact. The proposed PUD shall not impede the continued use or development of surrounding properties for uses that are permitted in this article.
C. Standards for approval
Based upon the following standards, the Planning Commission may recommend denial, approval, or approval with conditions, and the Township Board may deny, approve, or approve with conditions the proposed planned unit development.
1. Off-street parking shall be sufficient to meet the minimum required by the ordinances of the Township. However, if it is deemed necessary in order to achieve the purposes of this section, the Planning Commission may relax parking requirements during site plan review. 2. All streets within the planned unit development shall meet the minimum requirements of the Township Subdivision Control Ordinance, unless modified by the Planning Commission. 3. Landscaping shall be provided so as to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. However, if it is deemed necessary in order to achieve the purposes of this Ordinance, the Planning Commission may 12060 Mantawauka Drive, Fenton, MI 48430-8817 810-629-1537 (Phone) 810-629-9736 (Fax) Website: www.fentontownship.org E-mail: [email protected] relax landscaping requirements as part of site plan review. 4. Judicious effort shall be used to ensure the preservation of the integrity of the land and the preservation of natural, historical, and architectural features. 5. Surface water shall be retained on the site unless the applicant can demonstrate that to do so would be harmful to the environment, or is not practical. In any case, storm water shall not flow off the site at a rate greater than the rate of flow prior to development and storm water shall not be directly discharged into a lake. 6. The site shall have adequate lateral support so as to ensure that there will be no erosion of soil or other material. The final determination as to adequacy of, or need for, lateral support shall be made by the Township Building Inspector and/or Township Engineer. 7. The proposed density of the planned unit development shall be no greater than that which would be required for each of the component uses of the development in the zoning district in which it is permitted. However, if it is deemed necessary in order to achieve the purposes of the section, the Township Board may permit increased density in return for increased open space. Non-contiguous property may not be used in calculating open space and under no circumstance shall the open space be located on non- contiguous property. 8. The uses proposed shall be consistent with the township's adopted master plan. Such uses must have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed must not adversely affect the public utility and circulation system, surrounding properties, or the environment. The public benefit shall be one which could not be achieved under the regulations of the underlying district alone or that of any other zoning district. 9. Any amendments to the dimensional standards of this chapter, such as lot sizes, setbacks, height limits, required facilities, buffers, open space, permitted sign area, and other similar dimensional standards shall be reviewed and approved by the planning commission.
D. Traffic and accessory conditions
The following regulations concerning traffic and accessory conditions shall be followed:
1. Safe, convenient, uncongested, and well defined vehicular and pedestrian circulation within and to the zoning district shall be provided. 2. Drives and streets shall not be laid out to encourage outside traffic to traverse the development nor to create unnecessary fragmentation of the development into small blocks. 12060 Mantawauka Drive, Fenton, MI 48430-8817 810-629-1537 (Phone) 810-629-9736 (Fax) Website: www.fentontownship.org E-mail: [email protected] 3. No material impediment to the visibility of automotive traffic, cyclists or pedestrians shall be created or maintained.
E. Approval procedure
1. The PUD zoning approval shall follow procedural requirements of Section 14 of this ordinance for amending the zoning ordinance. The Planning Commission shall hold a public hearing. The Planning Commission shall review the conceptual PUD development plan as described in subsection 3.21E to determine its suitability for inclusion in the land use and zoning plans of the Township and adoption by Township Board as part of the ordinance. 2. The Planning Commission shall then submit the proposed amendatory ordinance to the Township Board together with their recommendation and a summary of comments received at the public hearing. 3. The Township Board, prior to the first reading of the amendatory ordinance, shall hold a public hearing meeting the notice requirements for a special use permit outlined in Article 9 of this Ordinance. Following that public hearing, it may amend or place additional conditions on the zoning ordinance amendment. The adoption of the ordinance or denial of the rezoning request will take place at the second reading conducted by the Township Board. 4. PUD site plan approval procedure may commence only after the acceptance by the Township Board of the conceptual PUD development plan and the rezoning of the property as required. 5. PUD site plan approval process shall follow the procedures for site plan approval outline in Article 8.
F. Conceptual PUD development plan requirements
1. The applicant for preliminary phase approval of a PUD conceptual plan shall submit sufficient copies of the following technical or graphic materials together with such fees as may be required. 2. The PUD conceptual plan shall indicate the entire contiguous holding of the petitioner or owner who wishes to develop the entire parcel or any part thereof, and shall include the area and use of land adjacent to the parcel to be developed. The plan shall exhibit any unusual problems of topography, utility service, land usage or land ownership. The plan shall also exhibit all existing and proposed structures, existing and proposed streets, open spaces and other features as required by ordinance or regulation. 3. The conceptual plan shall show all proposed uses and allotted spaces, gross site area, street and vehicular access areas, number of each variety of habitable space, total number of dwelling units and total open space. 12060 Mantawauka Drive, Fenton, MI 48430-8817 810-629-1537 (Phone) 810-629-9736 (Fax) Website: www.fentontownship.org E-mail: [email protected] The plan shall: a. Define the location of the areas to be devoted to particular uses. b. State the acreage to be devoted to the particular uses. c. Set forth the proposed density of the dwelling units by use type and of the entire project. d. Show the location of parks, open recreation areas, other open space and all public and community uses. e. The applicant shall present material as to the development's objectives and purposes to be served; conformity to plans and policies of the Township; market needs; impact on public schools, utilities, and circulation facilities; impact on natural resources; and a staging plan showing the general time schedule of the expected completion dates of the various elements of the plan. f. Any additional graphics or written materials reasonably requested by Planning Commission or Township Board to assist the Township in visualizing and understanding the proposal shall be submitted. g. Upon submission of all required materials and fees, the Planning Commission shall follow the procedures for review of a zoning amendment as outlined in subsection 3.21D. (Amended: Ord. No. 669; 7-24-06)
G. Site plan approval
Following approval of the conceptual plan by the Township Board, the applicant may submit site plans for phases of the approved conceptual PUD development plan. The site plans shall conform with the approved conceptual plan. The site plans shall be reviewed and approved by the Planning Commission following the procedures outlined in Article 8.
H. Deviations from approved PUD site plan
Deviations from the approved plan may occur only under the following circumstances:
Minor changes to a previously approved PUD site plan may be approved without the necessity of Planning Commission or Township Board action if the Zoning Administrator certifies in writing that the proposed revision does not alter the basic design nor any specified conditions of the plan as agreed upon by the Planning Commission and the Township Board. Any other change will require approval following the procedures outlined above for the original approval. Appeal of the Zoning Administrators decision regarding the need for formal review by the Planning Commission and Township Board is appealable to the Zoning Board of Appeals
12060 Mantawauka Drive, Fenton, MI 48430-8817 810-629-1537 (Phone) 810-629-9736 (Fax) Website: www.fentontownship.org E-mail: [email protected] Any deviation from the approved PUD site plan, except as authorized shall be considered a violation of this section and shall be a misdemeanor punished as prescribed herein. Further, any such deviation shall result in the PUD zoning district reverting to its previous zoning.
I. Design Standards
Some uses permitted in this district have required design standards as listed in Article 11.
12060 Mantawauka Drive, Fenton, MI 48430-8817 810-629-1537 (Phone) 810-629-9736 (Fax) Website: www.fentontownship.org E-mail: [email protected] Memorandum
To: Fenton Township Planning Commission
From: Michael Deem, AICP, Zoning Administrator
Date: July 29, 2021
Subject: Accessory Structure on a Separate Parcel Consider Changes to the Office Zoning District
Accessory Structure on a Separate Parcel
We recently had a resident inquire about putting an accessory building on a separate adjacent lot that was not a lake lot. After reviewing the ordinance with the resident, it was noted that the ordinance does not limit accessory buildings on a separate lot to like lots. After further discussion, we were able to come up with a solution that did not involve applying for a Special Use Permit. As a result of this discussion I am asking if the Planning Commission intended to allow an application for an accessory building on a separate lot for non-lake lots.
Changes to the Office Zoning District
I have included the October 2020 Zoning Practice which covers Post-Covid Zoning for your review. One of the key takeaways of our changing economy is how we use commercial properties. The traditional office zoning district is becoming obsolete and the Township should consider reviewing the Office Zoning District uses and standards to determine if the district is still relevant in today’s economy.
12060 Mantawauka Drive, Fenton, MI 48430-8817 810-629-1537 (Phone) 810-629-9736 (Fax) Website: www.fentontownship.org E-mail: [email protected] SECTION 11.01A Accessory buildings on a separate lot Accessory buildings on a separate lot are only permitted by special use permit in the AG, R-1, R- 2, R-3, R-4, R-5 R-6 and R-M zoning districts, and if so permitted are subject to the following restrictions and requirements:
1. No building permit for a detached accessory building shall be issued prior to the issuance of the building permit for the principal structure.
2. No detached accessory building shall be used for dwelling, lodging or sleeping purposes.
3. No detached accessory building shall be used for commercial purposes.
4. Accessory buildings shall only be permitted when used subordinate to an existing principal residential structure and only if the existing principal structure is located on a contiguous lot that is under common ownership. Local roadways do not negate contiguity for purposes of this ordinance. Other roadway types do negate contiguity for purposes of this ordinance.
5. The lot on which the accessory building will be built must be joined, for the purposes of zoning, with the lot on which the principal structure is built. This will be considered one zoning lot. The owner of the two lots being considered as one zoning lot must record deed restrictions (or other legal instruments) acceptable to the township attorney with the Register of Deeds Office requiring the two lots to be used and/or sold as one development site.
6. For the purpose of the zoning lot, the road separating the two parcels must be a local road as defined in the Townships Master Plan.
7. The lot on which the accessory building will be built must be contiguous to the property on which the associated principal structure is located. For purposes of determining whether contiguity exists when the lots are separated by a local road, the lot upon which the principal structure is located will generally be located directly across the local road from the lot being used for the accessory building. The contiguity requirement is met if the side lot lines of the lot upon which the principal structure is located, as extended across the local road, touch any portion of the lot across the local road on which the accessory building is proposed to be constructed.
For the purpose of determining whether contiguity exist across the local road see figure 11-1.
Figure 11-1
8. Detached accessory buildings shall not exceed nineteen (19) feet in height (see definition of building height).
9. Setbacks for accessory buildings in this section shall be determined by the Planning Commission at the time of site plan review.
10. No more than one (1) accessory building can be built on the lot that does not have the principal structure.
11. Total square footage of the accessory building on the lot that does not have the principal structure shall not exceed 1200 – 1400 square feet, which will be determined by the Planning Commission at the time of site plan review.
12. The accessory building’s exterior material shall be the same or similar to the principal structure or to surrounding buildings and structures as determined by the Planning Commission.
13. The accessory building’s exterior siding material shall not consist of steel, tarpaper, fiberglass, asphalt shingles or similar material.
14. In determining whether to approve the proposed special use permit the Planning Commission shall consider the following factors: a. the proposed accessory building’s impact on and consistency with the surrounding area; b. the distance between the proposed accessory building and the other residential structures and accessory buildings in the area; c. whether inconsistencies with or impacts on the surrounding area can be overcome by design elements of the proposed accessory building or its curtilage; d. whether the construction of the accessory building would violate any applicable building and use restrictions of record; and e. the magnitude of the hardship on the applicant based on the amount of room available for accessory buildings on the lot that includes the principle structure.
15. To compensate for potential inconsistencies with or impacts on the character of the surrounding area the Planning Commission may take any one or more of the following actions as condition(s) to approval of the application:
a. require specific design or construction elements be incorporated into the proposed accessory structure or its curtilage; b. reduce the maximum size of or height allowed for the proposed accessory structure; c. increase the required setbacks for the proposed accessory structure; d. require buffering with landscape elements; e. require any other design or construction element be modified as required by the Planning Commission to achieve compatibility and harmony with the surrounding area or to reduce or eliminate any negative impact on the surrounding area. (Added: Ord. No. 804, 11-19-18)
ZONING PRACTICE OCTOBER 2020
AMERICAN PLANNING ASSOCIATION
ISSUE NUMBER 10 PRACTICE POST-COVID ZONING Zoning for a Post-COVID World
By Donald L. Elliott, FAICP
The COVID-19 pandemic of 2020 has dramati- and safety in public buildings, parks, and due process and public comment. The ordi- cally disrupted American life in ways that facilities, and they focused on the freefall in nance could also include the ability to waive would have seemed unthinkable just last public revenues that accompanied dramatic any related permit requirements or simply year, and its impacts will remain with us reductions in in-person retail, eating, drink- require documentation that the property was for a long time. As city and county govern- ing, and service activities. They needed to being used in a new way within six months or ments scramble to protect their citizens and quickly adjust to changing social and spend- a year. Some local governments already have to adjust services and budgets based on ing behaviors, and realized they were not such an ordinance, and in others, city or plummeting revenues, they are also asking equipped to make those changes quickly county attorneys have quickly drafted reso- how local governance should change as a because those adjustments often required lutions covering those emergency powers. result of these shocks. And those involved the approval of an elected or appointed body But our ability to respond quickly would be in land use and development are asking how that was not authorized to make decisions enhanced if they were in place ahead of time. zoning should change. Despite what journal- without meeting in person. They asked how When it comes to zoning, the abil- ists get paid to write, it is too soon to know zoning could be designed to allow for faster ity to administratively allow the following with much confidence how the fallout from responses to these types of disruptions. activities would have made our response to COVID-19 will change the U.S. economy, life- The answer is flexibility—to design zon- COVID-19 smoother and would have helped styles, and communities in the long run. We ing regulations so that the uses of property citizens and businesses continue their eco- will know more next year, and even more five are more flexible and so that more of those nomic activities in new ways: years from now. Discussions about zoning in adjustments can happen administratively the post-pandemic future would be less con- when emergencies arise. Rules that seemed • Authorizing the use of (suddenly unde- fused if we distinguish between short-term reasonable at the time can seem unreason- rused) parking lots and outdoor open and long-term impacts, and if we distinguish able when circumstances change suddenly, spaces for outdoor eating and drinking, or between zoning regulations and the enforce- and short-term relaxations of zoning rules for outdoor display of merchandise ment of those regulations. We also need seldom impact the long-term future of the • Increasing the amount of space in a home to keep in mind that zoning lends itself to city. That applies to rules about the use of a that can be used for a home occupation excluding things we do not like, and that the building, its parking lot, its open space, and or home-based business activities (think impacts of exclusion often fall more heavily the public realm along its street frontages. It of all the households that suddenly went on lower income populations and persons of also applies to regulations about the control from no one working at home to two or color. This important fact has been too often of existing public streets and sidewalks in three people working at home) ignored in the past, and it is one of the keys the public rights-of-way, but since those are • Allowing the use of legal accessory to post-COVID zoning: Think twice about generally subject to public works regula- structures for home occupations or using zoning to exclude building unpopular tions, rather than zoning regulations, we will home-based businesses forms and uses unless those exclusions are not address them here. • Allowing a larger number of unrelated clearly necessary to protect public health persons to occupy a single-family and safety, because unnecessarily rigid zon- General and Specific Authority to dwelling unit ing often complicates Americans’ abilities Make Adjustments • Allowing a change of use of commercial to house their families and earn a living. In its broadest form, rapid adjustment to or industrial property to another This article will discuss likely trends in economic shocks requires an ordinance permitted use without the need to obtain post-COVID zoning while keeping these dis- permitting an appointed city official (for a prior permit or complete an adequate tinctions in mind, and without pretending to example, the community development direc- parking analysis know things we do not yet know. tor or the deputy city manager) to temporarily • Allowing a larger number of allow different uses of private property for 30 temporary signs SHORT-TERM ZONING ADJUSTMENTS or 60 days during emergencies if the official • Allowing commercial vehicles to park in When the impacts of the pandemic began to determines there is no material risk to public residential zone districts (think of all the appear and stay-at-home orders started to health or safety. The official’s decision needs delivery and contractor trucks that are be issued, local governments were rightly to be subject to appeal and will need to be usually parked on a commercial property focused on what needed to be done right reviewed and ratified (or not) by an elected before the business was suddenly forced then. They focused on protecting health or appointed body within 60 or 90 days with to operate remotely)
ZONINGPRACTICE 10.20 AMERICAN PLANNING ASSOCIATION | page 2 Obviously, this list could be much lon- required corner visibility triangles, or other In light of that uncertainty, one helpful ger. The key question is not whether these factors that could create risks to public way to think about the future of zoning is to types of change could have impacts on traf- health and safety, and to deemphasize com- focus on significant market, lifestyle, and fic, or parking, or neighboring properties, plaints about changes in the use of property investment trends that were already occur- because they might. The question is whether that do not create those risks. ring prior to the pandemic and to identify those potential impacts are important whether COVID-based changes appear to enough to offset the need for local residents LONG-TERM ZONING CHANGES be pushing back against those documented and businesses to act in new ways when old As America’s local governments have strug- trends. The question is whether the pan- jobs and old customers disappear. gled with short-term responses to COVID-19, demic will accelerate those trends, slow zoning, land-use, and development pro- them down, reverse them, or (potentially) Three Key Points About fessionals have also focused on what the have no long-term impact at all. Short-Term Adjustments pandemic may mean for zoning in the long The significant long-term trends in zon- Three points about this type of emergency run. There has been an overabundance of ing include the following, each of which is adjustment ordinance are worth noting: media speculation about whether it will discussed in turn below: First, those cities and counties that permanently change the ways that Ameri- have broader and more flexible land-use and cans choose to live, move around, shop, • Increasing housing diversity home-based business regulations already play, recreate, or educate their children. It • Increasing flexibility in the use of housing have a substantial advantage. Almost all new is simply too soon to know the answers to • Increasing flexibility in the use of com- zoning ordinances are moving in that direc- many of those questions, in part because mercial space tion, and the COVID pandemic provides one it is unclear if and when an effective vac- • Increased focus on compact, mixed-use, more good reason to do so. Minor differences cine will be developed, and if so, how long and transit-oriented development between land uses are not as important as it will take the use of the vaccine to be so • Increasing focus on walkability, open many people think. widespread that citizens feel safe acting as space, and the “public realm” Second, short-term adjustments to they used to act. Behavior changes habits, social and economic shocks provide good and the longer citizens act in a certain way opportunities to experiment and try new (for example, working from home), the less Housing Diversity things. Over time, zoning regulations get likely they will be to fully revert to their prior For several reasons, most newer zoning ordi- rigid, and citizens sometimes become behaviors. In addition, it is difficult to dis- nances are moving toward allowing smaller defensive about even minor changes even tinguish between the impacts of economic residential lots, “missing middle” housing, when no one can remember exactly why the cycles (including a likely upcoming eco- tiny houses, microunits, accessory dwelling restriction was adopted. If allowing parking nomic slowdown) from structural changes in units, and other exceptions to our historic lots to be used for eating and drinking does the economy or permanent changes in pub- focus on single-family detached homes on not create parking congestion problems, lic preferences. Lots of behavior changes relatively large lots. Although discussion of and if allowing home occupations to occupy during recessions are at least partially this trend sometimes focuses on changing more of the property does not result in many reversed when the economy recovers. lifestyles, the pressures behind it are much complaints from neighbors, maybe the regu- lation was too rigid to start with. Third, sometimes what is needed to adjust quickly is not a change in the zoning law itself but a change in the enforcement of zoning law. Almost all zoning enforcement is complaint based, and some of those com- plaints create more serious threats to public health and safety than others. Because of those differences, and because of budget limits, zoning enforcement officials are seldom obligated to investigate or enforce every complaint they receive. Zoning regu- lations are adopted to protect the public health, safety, and welfare—not to engage the local government in disputes between neighbors that have very little to do with those public goods. During times of emer- Clarion Associates gency or uncertainty, one possible city or county response is to focus on complaints The move towards smaller, more affordable housing is likely to continue. related to rubbish, waste, obstructions of
ZONINGPRACTICE 10.20 AMERICAN PLANNING ASSOCIATION | page 3 stronger than personal choice. The trend can occupy a dwelling is grounded in global economics and the unit were also becoming simple fact that a steadily increasing number more flexible. Defini- of Americans cannot afford to rent or buy tions based on ties of the types of single-family detached housing “blood or marriage” that we built so much of in the past. So the were being replaced trend toward a more diverse housing stock by those including civil helps respond to both the recent popularity unions and commit- of urbanism and walkability in younger and ted relationships, and older demographics and to the declining were sometimes being affordability of housing in general. It also expanded to include creates more acceptable alternatives to the those whose right to live larger apartment buildings lower density as a household is pro- neighborhoods often do not want nearby. tected by the federal Fair The COVID-19 pandemic will not reverse Housing Amendments Clarion Associates these trends, and will probably strengthen Act. The number of unre- Working from home, and from live-work units, is the drive toward more diverse housing, for lated persons was also likely to expand. two reasons. The most basic is that noth- creeping up because ing related to the pandemic points toward the economic pressures a narrowing of the gap between wages and discussed above have housing costs. Even if all of the lower- and led to a steady rise in the moderate-income jobs lost since March number of households “doubling up” and The discussion of housing occupancy is 2020 were to return (which is very unlikely), living together in order to afford housing. more complex, because the economic forces those jobs are unlikely to pay more than they While it is tempting to think of this as having leading lower- and moderate-income families did before or to increase the percentage elderly parents or underemployed children to “double up” are in tension with the real- of households that can afford market-rate move in with mom and dad, the trend is also ization that overcrowded housing is one of single-family detached homes. The second rising among unrelated households, simply the significant ways in which the COVID-19 reason is that more choice makes for inter- because they need more household income virus spreads. It is unclear whether this ten- esting cities and counties. In retrospect, the to pay the rent or mortgage. The exception sion will be resolved with stronger limits on postwar paradigm that housing was either to zoning allowances for higher occupancy is dwelling unit occupancy, but it is important a single-family home, a duplex, or an apart- sometimes college towns, where unrelated to unpack this issue a little more. ment/condominium unit was an artificial students have always shared housing at Some limits on occupancy are based construct created or reinforced by zoning. higher rates and fears of overcrowding by on protecting health and safety by avoiding Nothing arising out of the pandemic points to college students have long acted as a brake overcrowding, such as the no-more-than- a return to that narrow menu of options. on this trend. two-per-bedroom limits in some cities or the Again, the outfall of COVID-19 is not minimum living space requirements in some More Flexible Use of Housing likely to reverse this trend and is very likely versions of the International Residential Code. Prior to the pandemic, many American to accelerate it. In many communities, stay- Other occupancy limits are attempts to pro- communities were revising their zoning ordi- at-home orders acted as a shock to the tect community character, such as no “more nances to allow more flexible use of new and single-family detached zoning paradigm, but than four unrelated adults” rules in many existing housing. Almost all newer zoning one that created very little shock. One week zoning codes. These character-based occu- codes include a broader approach to home- relatively few people were working from pancy limits are not related to overcrowding, based businesses; instead of trying to name home, and the next week a large share of health, or safety. As an example, there is no what you can do by naming specific home the U.S. economy was being conducted from health and safety logic behind limiting a five- occupations, they focus on what you cannot home, but stories of negative impacts on bedroom home to four unrelated adults. As do based on the impacts of those activities. America’s neighborhoods were few and far the short-term impacts of COVID-19 decline More specifically, newer ordinances often between. It turns out that much of America over the next months and years, it is likely prohibit a few named uses (such as auto can work from home without a permit and that there will be more studies on levels of repair and retail uses) and allow all other without a review of specific impacts, so it is overcrowding that significantly increased uses while limiting the number of employees, unlikely that we will return to stricter home the spread of the virus, and those studies parking spaces, signs, or deliveries. Limits occupation regulations in the future. In addi- may lead to more health- and safety-based on the areas that could be devoted to home tion, an increasing number of Americans occupancy limits in zoning ordinances. But occupations and prohibitions on the use of have more than one job, and that second (or those studies may not slow the erosion of accessory buildings were already eroding. third) job is often conducted from home. That character-based occupancy limits until they In addition, definitions of the “family,” was true before the pandemic, and COVID-19 bump up against occupancy limits based on “functional family,” or “household” that is unlikely to change it. true health and safety concerns.
ZONINGPRACTICE 10.20 AMERICAN PLANNING ASSOCIATION | page 4 after COVID-19 is likely to be more flexibility. projections of future demand for all of these There are several powerful forces behind this types of space, because the reality may be acceleration. One is the newly discovered much lower than previously thought. This is ability of many American worker to work from a good opportunity to help bring the over- home, the acceptance by many employers retailing and under-housing of America into that their employees are happier working better balance. from home, and the likely demand for less office space to run the U.S. economy in the Compact, Mixed-Use, and Transit-Oriented future. A second is a likely significant reduc- Development tion in business travel and related demand Prior to the economic shock of COVID-19, Clarion Associates for new hotel, lodging, and restaurant space many American cities and counties were aimed at business travelers. A third is the focused on incentivizing compact, mixed-use Shared open workspaces may rise in online shopping and home delivery of development. Those with existing, growing, have fewer users at one time. everything from clothes to groceries to pre- or aspirational bus or rail transit systems pared meals (sometimes prepared in “cloud often extended this focus to transit-oriented kitchens” without a storefront presence). development—compact, mixed-use devel- Flexibility in Commercial Space In short, even if Americans resume some of opment specifically focused on increasing The types of commercial space needed, and their former working, traveling, shopping, ridership on transit systems. The forces the ways in which we use that space, were and dining behaviors, the new options cre- behind these trends were perhaps not as in flux long before the stay-at-home orders ated in response to the pandemic make it strong as those behind housing econom- began appearing in March 2020. Numer- unlikely that demand will return to former ics, but they were still fairly powerful. Chief ous studies have predicted the impending levels for a long time. among the reasons was rising and continued demise of single-purpose office parks as So how should cities and counties concern over climate change and broad workers demand more interesting mixed-use respond to all that underused office, retail, public support for creating alternatives to working environments. Other studies docu- service, restaurant, and bar space? The long home-to-work motor vehicle trips and ment the decline of indoor shopping malls answer is to allow a wide range of other the vehicle emissions they generate. Citi- as consumer preferences changed toward commercial, civic, and institutional uses, zen concern with climate change has been outdoor lifestyle centers, or mixed-use cen- including adaptive reuse for residential remarkably consistent throughout the past ters, or online shopping. And, as always, the and noncommercial uses, without time- 20 years and remained relatively strong even economic pressures of the global economy consuming administrative reviews or public during the Great Recession of 2008–2011, were pushing office businesses to reduce the hearings. As plans are revised and updated, so there is reason to believe it will remain amount of space allocated to each worker planners should also take a very hard look at strong in the post-COVID world. If we need and then to institute coworking spaces and “hot desks.” To top it off, it seemed that each storefront space vacated by an office, retail, or service use was then occupied by an eat- ing, drinking, or entertainment use built on the ambience of an in-person experience. For all of these reasons, zoning ordi- nances have long been moving toward broader, more flexible definitions of com- mercial uses that allow for quicker market adjustments and shorter vacancy periods, without the need for change-of-use permits or parking adequacy studies with each change in tenancy. More broadly, an increas- ing number of ordinances were already promoting mixed-use development by allowing residential uses to occupy former commercial spaces without the need for dis- cretionary zoning approvals. This is a third example of where eco- Clarion Associates nomic responses to the pandemic are likely to reinforce rather than reverse these trends. The answer to changing economics before Some dated and obsolete commercial space will be adaptively reused for housing. COVID-19 was flexibility, and the answer
ZONINGPRACTICE 10.20 AMERICAN PLANNING ASSOCIATION | page 5 a reminder, more extreme weather condi- systems. And the concerns about spacing also lead to demands for wider sidewalks tions and events will provide it. A second and avoidance of airborne viruses in con- and more park space. Whether those trends important reason was the increasing real- tained spaces may not go away soon. Zoning reflect long-term changes in personal pref- ization of citizens and elected officials that for TODs makes sense if proximity to transit erences depends in part on how long it low-density, car-oriented development often stations will lead to increased ridership and takes to develop and distribute a vaccine results in frustrating traffic congestion while reduced vehicle miles travelled and related and whether those who want more of these generating very heavy costs to taxpayers. In emissions. But it makes less sense if even public goods are willing to support the tax the pre-COVID world, elected officials did not those who live or work close to transit avoid revenues to pay for them. need to fully embrace urbanism; they just using it, or if financial pressures on ridership While some of the discussion about needed to support lower government costs lead to downward spirals of service levels open space and social distancing has pre- and taxes. And that led to more compact, and ridership. These threats to transit are dicted the return of sprawl development, and mixed-use development patterns. compounded by the rise of services like Uber other discussions have focused on the docu- While these pressures are powerful and and Lyft (and in the future, autonomous vehi- mented need for more parks in urban areas, incentives promoting compact, mixed-use cles) which, although they involve closed few articles have pointed to the importance development have now been embedded in vehicles, are likely to have fewer unknown of public streets as primary sources of a generation of zoning ordinances, they will strangers in the vehicle than a bus or train. urban open space. The truth is that between now face competing pulls in the opposite All this might point to a bleak picture 20 and 35 percent of many urban areas is direction. Months of social distancing and for the future of TOD zoning if it were not for already publicly owned—in the form of public growing awareness that we may face other the fact that Uber and Lyft vehicles take up streets. While some of that right-of-way is airborne virus risks in the future will lead the same amount of street space as private needed for the movement of cars and buses, some buyers, renters, and businesses to cars, create traffic congestion just like pri- and a variable amount is dedicated to park- look for locations with more open space and vate cars, and require the same high costs of ing, some of it is devoted to sidewalks and perhaps less reliance on elevator access building and maintaining streets as private tree lawns that already serve as an inter- requiring spacing of arrivals and depar- cars. The high costs and traffic congestion connected network of public open space. tures. While COVID-based concerns about that have led cities to focus on mobility Post-COVID planning is likely to see contin- adequate space for social distancing may management and transit rather than ever- ued discussion of how much of this valuable weaken when and if a vaccine is widely widening streets still apply. So, while explicit public land should be devoted to cars rather available, they will not go away entirely. zoning for transit-supportive land uses and than people, and memories of sheltering in Zoning can respond in at least two different densities may slow down—at least until the place and working from home may bend the ways. The first is to allow more low-density financial futures of transit systems come discussion toward a better public realm as outward growth of our cities—sprawl. The into better focus—it is likely that zoning an open space amenity. The outcome will second is to incorporate more open space for compact, mixed-use development (with depend in part on whether reductions in into and around relatively compact forms of increased requirements for private and pub- traffic from working at home continue over development. The choice of response is not lic open space) will continue. the long run, which would make it easier either/or because market demand for each solution will be based on consumer prefer- Walkability, Open Space, ences. So the market will probably call for and the Public Realm space that allows for more personal distanc- As mentioned in the ing in both central and outlying locations. paragraphs above, the However, the COVID-19 pandemic has not COVID-19 pandemic has made low-density sprawl more cost-efficient increased public interest than it was before, and the well-documented in walkability and open higher costs of building and servicing longer space. Worries about streets, pipes, and wires to serve relatively transmission of the few users will lead many cities to choose virus in enclosed spaces mixed-use zoning with more interspersed have made Americans public and private open space as the pre- want to spend more ferred response. time walking, dining, The future of transit-oriented develop- drinking, shopping, and ment (TOD) is more uncertain because the gathering outside. Those fate of many urban transit systems is pre- desires have already carious. All urban transit systems require led to an increase in Clarion Associates subsidies, and the collapse of ridership use of sidewalks and during the pandemic has turned acceptable parking lots to accom- The focus on quality, connected public open operating losses into skyrocketing losses modate new outdoor space is likely to increase. that threaten the survival of many transit activities, and it may
ZONINGPRACTICE 10.20 AMERICAN PLANNING ASSOCIATION | page 6 to institute road redesigns in favor of more properties to house their families, earn ABOUT THE AUTHOR space for people. a living, and recreate safely. The needed Interestingly, the same pressures for adjustments will differ by neighborhood, and social distancing may lead to rethinking the most successful zoning ordinances will be Donald L. Elliott, faicp, is a director with recent efforts to limit drive-through uses, those that respond to the economic, social, Clarion Associates, LLC, a national land use because drive-throughs turn out to be a good and cultural realities in each neighborhood. consulting firm. His practice focuses on land way to obtain goods without going inside a Finally, planners should remember development regulation, zoning, subdivision, potentially crowded enclosed space to com- that communities evolve over long periods fair housing, affordable housing, and plan plete the purchase. Some chain restaurants of time. What seem like dramatic changes implementation. Elliott has assisted more have reported that use of drive-throughs has in the short run often appear more modest than 60 U.S. communities to update plans increased during the pandemic, and some when viewed over the decades in which we and regulations related to housing, zoning, of that behavior change may outlast the live our lives. The “back to the city” head- subdivision, affordability, sustainability, pandemic. Fortunately, a growing number lines since 2000 actually involved only a resilience, and good governance. He is the of zoning ordinances include compromise (privileged) minority of U.S. households author of A Better Way to Zone (Island Press approaches that allow drive-through win- whose changing preferences bent the real 2008), coauthor of the Rules That Shape dows while prohibiting access to them from estate markets toward traditional down- Urban Form (PAS Report 570) and The Citizen’s pedestrian-oriented streets and barring towns. The vast majority of Americans did Guide to Planning (Planners Press 2009), drive-through aisles between storefronts not move downtown and had no intention of and has served as the editor of Colorado and sidewalks. The drive-through is probably moving downtown; they continued to live in Land Planning and Development Law for over not going away, and the use of those design surrounding areas of the cities and suburbs 25 years. Elliott is a member of the Denver compromises is likely to increase. where the vast majority of U.S. housing Planning Board and teaches a graduate level is located. The same is probably true of course on Land Development Regulations at the University of Colorado College of EQUITY, RACE, AND THE LONG VIEW responses to the COVID pandemic. Headlines As local governments think through what will be made by a minority of U.S. consum- Architecture and Planning. zoning changes to are needed to adjust to a ers who decide to move outward to avoid post-COVID world, it is important to remem- the perceived risks of more crowded urban ber that the pandemic has affected persons areas, but it is unlikely that a significant of color most heavily and that neighbor- share of Americans will make that decision hoods with higher percentages of minority for the reasons outlined above. Housing, Cover: iStock.com/Joseph Rouse residents and low-income households employment, and transportation choices are are those most in need of more flexibility influenced by several constantly changing VOL. 37, NO. 10 and more open space. It is also important forces, including the availability of work, to remember that zoning was originally stage of life, quality of schools, commuting The American Planning Association provides leadership in the development of vital designed to exclude—not include. It is much time, personal preferences, affordability, communities for all by advocating excellence more effective at keeping unwanted build- and discrimination. America’s cities and in planning, promoting education and resident ings and land uses out of neighborhoods counties are what they are as a result of empowerment, and providing our members with the tools sand support necessary to ethically than forcing desired land uses into neighbor- decades of individual households balancing meet the challenges of growth and change. hoods. Unless zoning is drafted and applied these tensions. The fallout of the COVID-19 Zoning Practice (ISSN 1548–0135) is a thoughtfully, one unanticipated outcome is pandemic will change some of these factors monthly publication of the American Planning that the unwanted land uses and buildings for some households, but not all, and not Association. Joel Albizo, fasae, cae, Chief Executive Officer; Petra Hurtado, phd, Research that are kept out of wealthier neighborhoods all in the same way. The most successful Director; Joseph DeAngelis, aicp, and David often wind up in poorer neighborhoods. In post-COVID zoning ordinances will be those Morley, aicp, Editors. addition, the impact of overly rigid zoning that acknowledge the trends discussed Subscriptions are available for $95 (U.S.) categories and rules—like the exclusion of above, allow more flexible uses of land and and $120 (foreign). Missing and damaged missing-middle housing, accessory dwelling buildings, take climate change, housing print issues: Contact APA Customer Service (312-431-9100 or [email protected]) affordability, and equity seriously, and do units, live/work spaces, low-impact fabrica- within 90 days of the publication date. tion uses, or artisan manufacturing—often not pretend to know more about future than ©2020 by the American Planning Association, we really know. fall most heavily on neighborhoods with which has offices at 205 N. Michigan Ave., higher percentages of minority residents and Suite 1200, Chicago, IL 60601–5927, and 1030 low-income households. So as cities and 15th St., NW, Suite 750 West, Washington, DC 20005–1503; planning.org. counties move toward the more flexible zon- ing required in the post-COVID world, they All rights reserved. No part of this publication may be reproduced or utilized in any form or should be particularly aware of the different by any means without permission in writing types of flexibility needed to allow citizens from APA. of all races, ethnicities, sexual orientations, Printed on recycled paper, including 50-70% and income strata to use their homes and recycled fiber and 10% postconsumer waste.
ZONINGPRACTICE 10.20 AMERICAN PLANNING ASSOCIATION | page 7 A POST-COVID WORLD? IS YOUR ZONING FOR READY
Creating Great Communities for All
ZONING PRACTICE AMERICAN PLANNING ASSOCIATION
205 N. Michigan Ave. Suite 1200 Chicago, IL 60601–5927
CHARTER TOWNSHIP OF FENTON PLANNING COMMISSION
MINUTES FOR MEETING OF July 8, 2021
Chairperson McGuirk called the meeting to order at 6:00 p.m.
Present: Cypher, Marko, McGuirk, Lewis Zoning Administrator Deem Absent: Mustola, Tucker
Approval of Agenda:
Motion by to the agenda as submitted: Motion by: Lewis Seconded by: Marko Ayes: Cypher, McGuirk, Marko, Lewis Nays: None Absent: Mustola, Tucker
Motion approved.
PUBLIC HEARINGS:
SUP21-003 Ronald Rubar, 3M realty, 3150 Owen Road, Fenton, MI 48430: Requesting a Special Use Permit to allow commercial uses including a gym, salon, and medical office at 2084 W Thompson Road. Parcel #06-02-200-008.
Mr. Deem explained that the Township had amended the Zoning Ordinance to allow uses permitted in less intensive zoning districts as a Special Land Use in more intensive zoning districts. The request before the Planning Commission if to allow non industrial uses in the industrial zoning district. Included in this building is a CrossFit gym, a proposed one seat salon, and a doctor's office. Mr. Deem explained that these uses have been in operation for at least three years. Approval of the request would bring the site into compliance with the Zoning Ordinance.
Chairperson McGuirk opened the public hearing. There were no comments.
The Planning Commission noted that the applicant was not present at the meeting. It was determined that there was enough information presented to make an informed decision. Chairperson McGuirk noted that all of the uses are less intensive than would typically be found in an industrial zoning district. for you. The Planning Commission further discussed having the applicant return in a year for renewal of the Special Land Use Permit.
Motion by to Approve SUP21-003 to allow commercial uses including a gym, salon, and medical office at 2084 W Thompson Road, with the condition that the applicant return in one year to renewal their approval. Motion by: Lewis
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MINUTES FOR MEETING OF July 8, 2021
Seconded by: Marko Ayes: Cypher, McGuirk, Marko, Lewis Nays: None Absent: Mustola, Tucker
Motion approved.
ZO21-002 Wineries, Breweries, and Distillers: Proposed amendment to the Fenton Township Zoning Ordinance to allow wineries, breweries, and distilleries as a Special Use in the C-1, C-2, and C-3 commercial zoning districts.
Mr. Deem explained that the proposed zoning amendment would clarify that small scale wineries, distilleries, and brewpubs are allowed in the Township as Special Uses in the Commercial Zoning Districts. And provide definitions for each use.
Chairperson McGuirk opened the public hearing, there were no comments.
Motion by to Recommend Approval of ZO21-002 proposed amendment to the Fenton Township Zoning Ordinance to allow wineries, breweries, and distilleries as a Special Use in the C-1, C-2, and C-3 commercial zoning districts to the Township Board.
Motion by: Lewis Seconded by: Marko Ayes: Cypher, McGuirk, Marko, Lewis Nays: None Absent: Mustola, Tucker
Motion approved.
NEW BUSINESS: None
DISCUSSION:
ZO21-001 Fueling: Zoning Ordinance Amendment to consider standards for fueling tanks.
Mr. Deem explained that The Planning Commission began discussions to review and amend the zoning ordinance regarding lakeside fueling at the previous meeting. To help further the discussion, staff has provided information relating to State requirements for storage tanks and commercial lakeside properties in the Township.
Per LARA, Storage and Handling of Flammable and Combustible Liquids (FL/CL) Rules apply both to aboveground storage tanks and underground storage tanks, for tanks storing liquids with a flash point less than 200 degrees Fahrenheit.
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MINUTES FOR MEETING OF July 8, 2021
Mr. Deem reviewed a map showing the location of lakeside commercial properties in the Township. The Planning Commission then reviewed the Michigan Flammable Liquid Combustible Liquid Rules for placement restrictions for above ground tanks. The Planning Commission noted that larger tanks had setback requirements from property lines, water and wetlands, and buildings. Commissioner Cypher expressed that it would be a good idea to limit the dispensing of fuel to employees of a marina. The Planning Commission directed Mr. Deem to prepare draft language for the regulation of filing tanks
ZO21-004 PUD: Zoning Ordinance Amendment to clarify standards for Planned Unit Developments.
Mr. Deem explained that there was confusion at the last Township Board meeting as to whether the Zoning Ordinance granted the ability to approve a subdivision that didn’t meet the lot size requirements. The draft amendment to Section 3.21 would clarify what deviations from the zoning ordinance are allowed under a PUD (permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, and land use density), identify qualifying conditions for a PUD, and standards for approval.
The qualifying conditions include: Provide a demonstrated benefit that would not otherwise be possible under another zoning district Availability and capacity of public services Compatibility with the Master Plan Compatibility with the PUD purpose The PUD shall not impede the continued use or development of surrounding properties.
Chairperson McGuirk opened the public hearing.
Chris Ward, 15210 Hogan road spoke against the Cider Creek PUD noting density, traffic, and potential run off issues.
Dan Shannon, 16429 Shadow Lane, expressed concerns about the Cider Creek PUD noting traffic and run off issues.
Trudy Starrs 16144 Linden Road, expressed concerns about traffic and density for the Cider Creek PUD project
Chairperson McGuirk closed the public hearing and informed the audience that the proposed amendment to the Zoning Ordinance is intended to clarify the intent of the PUD section of the Zoning Ordinance, provide flexibility of the Zoning Ordinance and strengthen the Township’s ability to review PUD applications. Mr. Deem informed that audience that the Cider Creek PUD has been tabled by the Township Board to allow the applicant time to provide a traffic study. Information for the next time Cider Creek is on the Township Board agenda will be placed on the Township website.
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MINUTES FOR MEETING OF July 8, 2021
The Planning Commission postpone further discussion of the PUD amendments until the next meeting to allow the entire Planning Commission an opportunity to discuss the proposed changes.
Land Division and Lot Partition Ordinance Updates: Consider amendments to the Land Division Ordinance and Lot Partition Ordinance for compliance with State Laws and best practices for lakeside communities.
Mr. Deem explained that Assessor Julia Wilson has conducted an audit of the Land Division and Lot Partition Ordinances for compliance with State laws and best practices for lake communities. Based on her research we have proposed the following changes to the Land Division Ordinance and Lot Partition Ordinance: Clarifying the Purpose section of the Land Division Ordinance to note that some defections used by Fenton Township are different than definitions used by the State Land Division Act. Add new definitions that help define how lakefront lots are measured, including submerged lands. The State Land Division Act limits a lot’s depth to width ration to 1:4. A community may adopt an ordinance to increase the ration to 1:5 if they provide justification. The proposed changes note that the Township has 22 lakes and unique topography to warrant a 1:5 ratio. Update approval process to be consistent with updates to the State Land Division Act.
The Planning Commission reviewed the proposed amendments and direct staff to set the public hearing for the next meeting.
PUBLIC COMMENT CONCERNING ITEMS NOT ON THE AGENDA: There were no comments.
COMMUNICATIONS:
AARP “Accessory Dwelling Units Model State Act and Local Ordinance”
Mr. Deem provided the planning commission a copy of the AARP “Accessory Dwelling Units Model State Act and Local Ordinance” as reading for future discussion on accessory dwellings.
MINUTES: June 10, 2021
The minutes were approved as submitted.
ADJOURN: The meeting was adjourned at 7:02 pm.
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