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Planning Commission Meeting
October 12, 2004
AGENDA OPEN
PUBLIC HEARING # 1…Review of rezoning application and environmental
impact assessment to rezone 120 acres located in section 17,
(11-17-400-013,014,015 and 11-17-200-002,006) on the west side of Nixon
Road, just north of Crooked Lake Road, petitioned by FTAG
Investments. The request is to rezone property from AG (Agricultural)
and CE (Country Estates) to MDR (Medium Density Residential). (04-22)
Planning Commission disposition of petition
A. Recommendation regarding rezoning application
B. Recommendation regarding impact assessment
OPEN PUBLIC HEARING # 2…Review of rezoning application and
environmental impact assessment to rezone nine parcels approximately
376.8 acres in Sections 8 and 17 (11-08-400-001, 008,017,018;
11-17-200-004,005,006; 11-17-300-004 and 11-17-400-015), located south
of I-96, west of Nixon Road and north of Crooked Lake Road petitioned by
Genoa Township. The request is to rezone property from AG (Agricultural)
to CE (Country Estates). (PC04-24)
Planning Commission disposition of petition
A. Recommendation regarding rezoning application.
B. Recommendation regarding impact assessment.
GENOA TOWNSHIP
PLANNING COMMISSION
WORK SESSION AND PUBLIC HEARING
October 12, 2004
6:30 P.M.
MINUTES
The work session of the Planning Commission was
called to order by Chairman Don Pobuda at 6:30 p.m. The following
commission members were present constituting a quorum for transaction of
business: Don Pobuda, James Mortensen, Barbara Figurski, Curt Brown,
Teri Olson, and Mark Snyder. Also present was Kelly Kolakowski, Township
Planner; Brian Borden and Steve Langworthy from Langworthy, Strader,
LeBlanc & Associates, Inc.; Tesha Humphriss and Gary Markstrom from
Tetra Tech, MPS; and Joe Galvin, legal council for the Township. By the
end of the work session, there were a few persons in the audience.
Items scheduled for action during the regular session
of the commission were discussed.
The regular session of the Planning Commission was
called to order by Chairman Don Pobuda at 7:00 p.m.
The Pledge of Allegiance was recited and a moment of
silence was observed.
Moved by Figurski, seconded by Mortensen, to
approve the Agenda as written.
The motion carried unanimously.
The call to the public was made to discuss items not
on the agenda. There was no response and the call to the public was
closed at 7:03 p.m. Chairman Pobuda noted that the Board will not begin
any new business after 10:00 p.m.
Chairman Pobuda reviewed the procedure for the
evening’s meeting. He introduced the Staff and Planning Commissioners.
Each one stated their name, where they reside and their occupation.
He stated the Township has a legal responsibility to
respond to any petitions that are made to them. The petitioner has the
legal right to be heard as well as the public has the right to express
their views and concerns. After hearing from everyone, the Planning
Commission will make a recommendation to the Township Board and then the
Board will make a final decision with regard to the petition. Chairman
Pobuda gave an overview of what criteria are considered when a rezoning
is requested.
OPEN PUBLIC HEARING # 1…Review of rezoning
application and environmental impact assessment to rezone 120 acres
located in section 17, (11-17-400-013,014,015 and 11-17-200-002,006) on
the west side of Nixon Road ,just north of Crooked Lake Road, petitioned
by FTAG Investments. The request is to rezone property from AG
(Agricultural) and CE (Country Estates) to MDR (Medium Density
Residential). (04-22)
Planning Commission disposition of petition
A. Recommendation regarding rezoning application
B. Recommendation regarding impact assessment
Mr. Carl Hauss of FTAG Investments, Mr. Brandon
Rogers, of Brandon M. Rogers & Associates, and Robert D. Schwartz were
present to represent the petitioner and answer any questions.
Mr. Hauss gave a brief background of the subject
property. In December of 2001, a petition was filed for an extension of
the sewer and water to this area and the Township denied it. There have
been many informal meetings to discuss a reasonable development of the
property, which would be agreeable to the Township as well as allow a
reasonable return on the property. The Petitioner is requesting rezoning
from Agricultural (AG) and Country Estates (CE) to Medium-density
Residential (MDR).
Mr. Hauss advised they would develop the site
consistent with the Township and the community. They feel their proposal
is reasonable and will provide a reasonable return on their investment.
It will fill a need in the community and Township for moderately-priced
housing.
He showed the subject property and surrounding
property uses and future proposed uses. He feels a precedent has been
set in the Township by similar residential density and the utilization
of private wastewater treatment and water plants. He added that the
wastewater treatment and water plants will need to be in compliance with
all DEQ regulations and is allowed by state law. He does not feel that a
review of the Master Plan would need to be done before their development
is complete. The soils are very poor and make it very difficult to
operate a septic system on this site. They would like to be treated
equally and be allowed to make a reasonable return on their investment.
The current zoning makes the property unbuildable and completely
worthless. The permitted uses are unreasonable and do not allow for a
reasonable return.
He noted that the Township is proposing to rezone
this parcel, and the surrounding area, to CE, which makes the statement
that it is not buildable as it is currently zoned. He would like to work
with the Township and develop a possible PUD to receive a reasonable
return on their property. He reiterated it would be a beautiful
development that would allow reasonable priced housing.
He asked the Planning Commission to advise them of
any other information that they should provide that would lead to an
approval of their request.
Mr. Brandon Rogers, who is a professional community
planner, past chairman of the state board, and has lived in Michigan for
50 years, stated he has been asked to evaluate this proposal. He has
done a very thorough study and spoke with developers and property
owners, and visited the site and the Township. He reviewed his findings
regarding the soils, the topography, as well as the wetlands and areas
that need to be preserved. He noted that things have changed since the
last zoning map was done in 1993. There has been significant
development, such as the middle school, and the proposed church and
school across from their property. The Latson Road / I-96 interchange
will be completely; however, it is currently on hold due to funding. He
suggested that this needs to be pursued. It is definitely needed as
there is a stretch of six miles through the Township without an exit
ramp. He noted that the petitioner is offering to pave Crooked Lake Road
from the site to Door Road, which would help with the school and church
traffic. He added that the Preserves of Genoa was developed with a
density of 1.5 – 2 units per acre, which is only three miles south of
the subject property. He also does not feel it is right to schedule a
Township-proposed rezoning of the same property on the same night as a
private petition. He disagrees with the statement of 942 total units
being able to be built on this site based on the sketch plan and the
marketing intended by the petitioner. He feels the plan has merit and
would answer any questions from the Commission.
Mr. Hauss stated they would like this item to be
tabled this evening as their full-blown traffic study is not complete.
Mr. Robert Schwartz noted the issue stated by the
Planner of an “economic analysis” that will support their claim that
they could not receive a reasonable return on the property as it is
currently zoned. He questioned what is meant by this and if an economic
analysis was done by other developers and has the Township done one for
their proposed rezoning of the same property. He cited the permitted
uses under the current zoning and how they would not allow a reasonable
return on the property owner.
Mr. Brian Borden reviewed his letter of October 6,
2004.
He noted the criteria in Section 22.04 of the
zoning ordinance for a rezoning application and stated how this request
does not meet them.
1. The subject site should remain agricultural or
be developed residential on estate-size lots of five acres.
2. Crooked Lake Road does not have the capacity
to handle the amount of traffic that would be generated from this
rezoning.
3. There is no public water or sewer on this site
and Section 6.45 of the zoning ordinance states that no
future development shall be approved without being inside the sewer
and water district.
4. With regard to the I-96 / Latson interchange,
the Planning Commission did take this item into consideration when
developing their future land use map. It was determined that more
intense uses would be focused north of the railroad tracks and this
proposed area would remain more rural.
5. The character of the area is currently
agricultural, open space, and low-density uses. MDR could allow 900
plus units at a maximum density, which is inconsistent with the area
and surrounding uses.
6. The petitioner has not proved that they could
not receive a reasonable economic return on their property as it is
currently zoned.
7. There are currently areas in the Township that
are planned and zoned for MDR, which would meet the demands of this
type of uses and density.
Mr. Langworthy stated that the issue of land use
character is not so much a matter of numbers and density. Also, traffic
quality and not so much quantity needs to be considered with regard to
maintaining rural character.. They have done a lot of research on the
interchange and it is “deferred” and it has been said “you can look for
it in 25 years” and should not be considered as part of this issue and
even if it were, he reiterated Mr. Borden’s comments about the Township
having a designated area for more intense uses north of the railroad
tracks.
He added that the Planning Commission and Board
should not make a decision on this request before a complete Master Plan
review is done. They recommend denial of this request based on the
points stated this evening and in their letter of October 6, 2004.
Mr. Joe Galvin answered Mr. Schwartz question
regarding “economic analysis”. It is incumbent upon the private property
owner to show that based on the current zoning of the land, an economic
return is not possible under any of the allowable uses. He noted that
there are economic analysis that can be presented that show how
profitable a church and a pet cemetery, which are allowable uses, could
be on this site. A church is being proposed for the property across
Crooked Lake Road. He suggested the petitioner show an economic
viability of farming on this site, which is one of the prime uses. Since
they have not done the economic analysis, they have not proved that
there is not a reasonable economic return available for this property as
it is currently zoned. He stated that the Township has not done an
economic analysis because they do not own the property. They are
rezoning it based on the Master Plan. He added that the Township’s
proposal is not limited to just the subject parcel and extends beyond to
other ones in the area.
Ms. Humphriss reviewed her letter of September 1,
2004.
Commissioner Snyder questioned that the petitioner is
proposing a well; however, they stated that the soils do not perk and
would not support five-acre sites. Mr. Boss stated that if the MDR
zoning was approved, a public water supply system would be privately
owned and consist of 2 or 3 wells and would service each of the homes.
He stated they have not said that the property doesn’t perk, but based
on the soils, it is likely that it does not.
The call to the public was made at 8:12 p.m.
Mr. Les Priescorn of 1882 Nixon Road has lived here
since 1971. He and his neighbors has the following concerns:
1. With the increased traffic on Nixon Road, will
the Road Commission increase their frequency of grading it.
2. What will happen with the wastewater treatment
plant when the developer moves on. Who will take care of this plant.
He feels the burden will be put on the tax payers.
3. Where is the water going to come from for the
wells. He is concerned that it is going to affect their wells.
4. He stated that a reasonable return is a very
relative term.
5. He feels that the market drives the housing
cost and does not feel there is a need for low-income housing in the
area.
6. The petitioner stated the wetlands “can” be
protected and not “will” be protected. He wants to ensure that when
the developer is gone, this will be taken care of.
He would like the Planing Commission to take action
on this request this evening and not table it.
Mr. Ed Bishop of 2455 Nixon agrees with the concerns
of his neighbor. Where is the water going to come from, reasonable
return, etc. The petitioner purchased the property assuming they would
come tot he Township and rezone it to gain a very nice return at the
expense of the tax payers.
Ms. Peggy Custer of 2662 Nixon thanked council for
pointing out that there is economic return available for the permitted
uses. She is against the MDR. They lived in a very densely populated
area and moved here to the county. They currently live across from the
truck and bus entrance for the school and they have to deal with the
traffic of 500 kids going to and from that school. She noted that the
proposed church with the school will change the character further and
add problems to the area and affect their property values in a negative
way. She does not want a wastewater treatment plan in her backyard. She
is concerned that their existing well will be affected by this proposal.
She stated there is a gas pipeline running through this property. This
could cause a devastating accident. She agrees with the five-acre zoning
proposed by the Township. It would help control the growth.
Ms. Laura Lawrence of 3148 Beck Road is a 12-year
resident and has a background in animal science. She disagrees that
agricultural zoning is not feasible. It is a feasible option to leave it
as it is currently zoned, 5 to 10 acre parcels.
Mr. Tom O’Brien of 4290 Sweet has lived here for 32
years. He is concerned about safety of the neighbors walking down the
road. With all of the construction traffic and equipment, they will not
be able to do that.
Mr. Jim Latson of 3740 Beck Road has lived here all
his life. He asked the Board to ask if this is what they want for the
gateway to Genoa Township. If the interchange is put in, then this area
could be the gateway.
Ms. Sandra Deckowski of 3414 Pineview does not feel
that MDR developments are beautiful. She would prefer five acre parcels.
They have lived here for 10 years and have seen changes with
development. She agrees with what was said by her neighbors.
Mr. Leo Nicholas of 2290 Nixon questioned if the
surrounding area property owners going t lose money. They purchased
their property knowing what the Master Plan was. If the property is not
worth anything, why did the petitioner purchase it. He noted that there
is a stream running through the proposed Lots #45 through #47 and it is
not shown on the plans. He suggested the development of this site was a
horse community with a horse arena and large lots. There would be a need
for that. They are not showing any recreational land or open space on
their plan.
Ms. Beth Baker of 2510 Nixon is part of the group
that met and wrote a letter that was submitted to the Planning
Commission. She read that letter aloud.
FTAG is proposing 313 units
The lot size does not meet the Master Plan or the
surrounding area.
They are concerned with water drainage and runoff
Will this affect the current water table.
They are concerned with the increased traffic.
There are currently wild animals that live in this
area and there are wetlands on the site.
This will negatively affect the property values in
the area.
They are opposed to any density greater than five
acre lots. They request the Township stay with their Master Plan.
Mr. Joe Miller of 3432 Beck Road has lived here 10
years. He moved here due to the five-acre parcels. He stated that since
the school has been built, their environment has changed significantly.
He does not like that he has to wait in a traffic jam to get into and
out of his own driveway. He noted that many of the required studies have
not been done and/or submitted by the petitioner. He is not in favor of
this.
Mr. Tom Dakowski of 3414 Pineview purchased his
property in 1976 and built his home in 1985. He was born and raised in
Detroit and moved here to get away from the urban sprawl. This is a
drainage problem in this area and all of the water that is currently on
this property will run off onto their property.
Mr. Bruce Baker of 2510 Nixon feels the planners and
engineers have stated the issues well and showed inconsistencies with
the Master Plan and surrounding community. He noted there is a high
density housing plan in the Master Plan for the Township. There are
adequate areas in the Township that will provided this need. He is a
professional hydrogeologist and noted that a lot of the groundwater will
need to be taken from the surrounding area to supply these homes, which
currently supplies the surrounding residents. A subsurface aquifer will
be used for this well and will it affect their wells.
Mr. Greg Leblanc of 3444 Beck Road stated the
petitioner’s plan does not conform with the area. If this is approved,
he would like to rezone his property so he can profit.
Mr. Jay Lock of 3401 Pineview agrees that the area
surrounding the drain overflows onto his and his neighbors’ properties
and there are times when the road is under water. When the school was
first contemplated, the Nazarene church simultaneously began proposing
to purchase their property and assist with the cost of the
infrastructure development in this area. That was denied and the utility
service was only sized for the school so that no other tap could be put
in. He suggested that the Planning Commission stay with the current
Master Plan.
Mr. Alex Asher of 3496 Pineview Trail moved here to
live on 10 acres. There are wild animals and a stream on the proposed
site and he does not want anything to negatively affect this. He agrees
with his neighbors and is against this.
Ms. Judy Hodson of 3561 Crooked Lake Road stated that
she used to own the subject property. She purchased it in 1990 and in
1994 had to sell it. She sold it to Mr. Hauss. She says that everyone
feels they live in the country, however, there are a lot of subdivisions
being developed in Genoa Township. Only one horse is allowed on five
acres in the Township. Five acres is very restrictive. You can not to
anything with it in the Township.
Ms. Jodi Monarch of 2627 Chilson agree with what the
neighbors have said. She is against this density. They looked at the
Master Plan for the County before moving out here from Redford to ensure
that the area would remain the same. Three Fires is already filled to
capacity and if 942 more units are building, it would greatly affect
this school.
Ms. Gail Nixon of 3510 Crooked Lake Road stated that
her husband’s family owned this property for many years. She is
concerned about the quality of the neighborhood. This density will
negatively affect the area. They are 5 ½ miles from a hospital and 5 ½
miles from a police station. She wants them to make a profit but does
not want their neighborhood affected. She is confident that the Board
will take the public’s concerns into consideration when making their
decision.
The call to the public was closed at 9:04 p.m.
Chairman Pobuda called for a short break and the
meeting resumed at 9:12 p.m.
Ms. Kolakowski summarized a letter dated October 11,
2004 submitted by Southwest Gas Storage. They own the 20-inch
high-pressure natural gas transmission pipeline that crosses the subject
property. They are concerned with the proposed roads that will cross the
gas pipeline on the site. They would like to be provided detailed prints
that show the pipelines locations before they would approve any
development.
Commissioner Mortensen noted that the petitioner has
requested to be tabled this evening so he could provide his traffic
study. Commissioner Mortensen is oppposed to this request based on the
facts in the letters received by the consultants. He showed the public
the zoning map and how the subject property is surrounded by “white” and
“yellow” zoning. He noted that as the colors get darker, the density of
the zoning increases. He stated the dark orange colored zoning is what
is being proposed for this site. Looking at that, you can see that it is
inconsistent with the surrounding area. He is prepared to make a motion
to vote against this.
Commissioner Brown agreed with Commissioner
Mortensen. He feels this is the worst place in the Township to put a
high density zoning. He showed how the surrounding areas would
eventually be rezoned and how the character would change for all of the
people who purchased five acre parcels in the area. He would like to
stay with the Master Plan.
Commissioner Olson asked the petitioner if he is
planning to pave Crooked Lake Road and not Nixon. Mr. Hauss stated yes,
they will pave Crooked Lake to connect to the primary County road.
Mr. Hauss stated they are proposing 313 units and not
900. He understands the neighbors’ concerns. There are a lot of other
issues that would prohibit them from putting 942 homes on this site.
There is absolutely no demand for the other permitted uses.
Commissioner Olson noted the Fire Department’s letter
citing concerns regarding no Township supplied fire protection. She
asked how these concerns are being addressed. Mr. Boss stated that if
this were developed, under state law, there would be to be storage for
fire protection. Chairman Pobuda noted that this water supply has not
been accounted for at this point. Mr. Boss concurred. They have not done
any well capacity configurations as it is premature.
Commissioner Figurski agrees with Commissioners Brown
and Mortensen. She feels the traffic would be a problem. It is too dense
and not in accordance with the Master Plan. She is also concerned about
the gas line.
Moved by Mortensen, seconded by Figurski, to
recommend to the Township Board denial of the request to rezone 120
acres located in section 17, (11-17-400-013,014,015 and
11-17-200-002,006) on the west side of Nixon Road, just north of Crooked
Lake Road, petitioned by FTAG Investments. The request is to rezone
property from AG (Agricultural) and CE (Country Estates) to MDR (Medium
Density Residential) for the following reasons:
1. The Township Planner’s, LSL, letter dated
October 6, 2004 and the letters from the Township Engineer, TTMPS,
dated September 1 and October 6 point out grave concerns with this
potential rezoning.
2. The rezoning is inconsistent with Section
22.04 of the Genoa Township Zoning Ordinance, some of which, but
not all, are as follows:
a. The petitioner has not provided evidence
regarding inability to make an economic return on the property
as it is presently zoned.
b. The requested MDR rezoning is inconsistent
with the Master Plan Future Land Use Map and is out of character
with the immediately surrounding properties and uses.
c. There are serious concerns regarding the
effect on infrastructure, fire protection, schools, and police
d. This rezoning would completely change the
character of the area and lead to possible uncontrolled future
growth.
e. The Township Engineer has concerns with
the aquifer, traffic, drainage, and potential on-site sewer
system.
The motion carried unanimously.
Moved by Mortensen, seconded by Figurski, to
recommend to the Township Board denial of the Impact Assessment with a
revision date of September 22, 2004 to rezone 120 acres located in
section 17, (11-17-400-013,014,015 and 11-17-200-002,006) on the west
side of Nixon Road, just north of Crooked Lake Road, petitioned by FTAG
Investments. The request is to rezone property from AG (Agricultural)
and CE (Country Estates) to MDR (Medium Density Residential) for the
same reasons as stated in the recommendation for denial of the rezoning
application. The motion carried unanimously.
Chairman Pobuda noted that the Preserve of Genoa is a
completely different development and can not be compared to this
proposal.
Chairman Pobuda thanked the residents for their
participation the evening. He wants them to know that the Township does
listen to their concerns.
OPEN PUBLIC HEARING # 2…Review of rezoning
application and environmental impact assessment to rezone nine parcels
approximately 308 acres in Sections 8 and 17 (11-08-400-001,
008,017,018; 11-17-200-004,005,006;11-17-300-004 and 11-17-400-015),
located south of I-96, west of Nixon Road and north of Crooked Lake Road
petitioned by Genoa Township. The request is to rezone property from AG
(Agricultural) to CE (Country Estates). (PC04-24)
Planning Commission disposition of petition
A. Recommendation regarding rezoning application.
B. Recommendation regarding impact assessment.
Ms. Kolakowski showed a map of the area that the Township is
proposing to rezoned. It is all currently zoned Agriculture (AG). On
September 7, 2004 the Township Board directed staff to request this
rezoning and they have followed through with that request.
Joe Galvin wanted to answer the question as to why
this is being requested. When the Township received and reviewed the
rezoning application that was just discussed, they determined that the
Township’s Master Plan called for the County Estates zoning on a number
of parcels, including the previously-discussed parcel. This request by
the Township is an implementation of the Master Plan. Based on the
previous application, it was noted that other petitioners may be
requesting the same density rezoning and The Township wants to give
recognition to the existing land uses in the area as well as upcoming
and proposed changes (i.e. the I-96 Interchange). The Township’s wish
and desire is that this property be developed in the County Estates
District.
Mr. Borden stated the Township is requesting to
rezone 308 acres from Agriculture to Country Estates. The Master Plan
identifies the vast majority as Agriculture and County Estates and
another area as large lot or rural residential zoning. They have
reviewed the request and note the following:
1. It is consistent with the Master Plan and
Future Land Use Map.
2. It is consistent with the goals of the
Master Plan with respect to land use.
3. Five acre lots would not require capacity
increases in infrastructure as well as it being able to be
serviced by gravel roads.
4. It is compatible with the environmental
features in the area and would preserve the unique natural
features.
5. Some permitted and Special Land Uses are the
same for both zoning districts, with the only difference being the
minimum lot size.
6. All surrounding properties are currently
zoned Country Estates so it would be consistent with the
surrounding area.
7. The public service impact would be minimum.
8. There is a demand for the uses permitted in
this district. There is growth occurring in the County and the
Township wants to strike a balance with this growth.
Ms. Humphriss agrees with the planners. No utilities
would be required due to the lot sizes. They are able to handle well and
septic.
The call to the public was made at 9:50 p.m.
Mr. Mike Boss of 3139 Char Ann Drive, Howell is
concerned with the procedure that has been done this evening. The
Planning Commission stated that the previous applicant did not meet all
of the criteria for the rezoning; however, the Township has not shown
evidence that this area will be able to be supported by well and septic.
The standard that has been set in the Township needs to be maintained.
Mr. Carl Hauss, who represents FTAG, the owner of 120
acres of the proposed 308 for rezoning concurs with Mr. Boss. They have
seen no evidence that the proposal will provide a reasonable return for
his client’s property as well as other people in the area. He is
strongly opposed to the Township’s petition. He feels it is unreasonable
and a further confiscation of his client’s property. He feels that if
FTAG did not initiate their petition, the Township’s application would
not have been made. FTAG can not control what the Planning Commission
has done in the past nor can they control the market. Everyone has
acknowledged that this is a fast-growing area. The Planning Commission’s
petition confirms that farming is not a feasible use in this area. If
the Township is open to discussion, they would like to work with them.
The zoning classifications go from either 2 units to 8 units. That is a
large gap. Is there any flexibility? The petitioner has tried for years
to utilize their property and this move by the Township is not treating
FTAG equally. He requested consideration that the Planning Commission
remove their request so they can discuss something that would allow a
reasonable return for their client and other residents in the area.
Mr. Ed Bishop of 2455 Nixon Road is the owner of the
small farm and the move toward mini farms is becoming popular and is has
proven to be economical.
Mr. Leo Nicholas of 2290 Nixon Road noted that the
first applicant is only proposing to build 300 homes; however, they
could change their plan and build the maximum allowed. He reiterated his
idea for an equine arena for all of the residents to use.
Mr. Les Priescorn of 1882 Nixon cited Timber Trace in
Pinckney, which is surrounded by a golf course and equestrian
recreation. He encouraged the Planning Commission to support the present
proposal and stay consistent with the Master Plan. It will allow FTAG to
receive a reasonable return.
Mr. Tom O’Brien of 4290 Sweet lives on five acres and
is a realtor. There is a demand for five acre parcels. He would be able
to sell 60 five acre parcels.
Mr. Nicholas noted that all of the neighbors want
this proposal to be approved.
Mr. Hauss stated he is strongly opposed to this
request. He would like to question the Township’s economic analysis. Has
one been done to show how it will affect his client as well as the other
property owners? He questioned the demand for 60 five-acre lots in the
Township.
Mr. O’Brien stated there is definitely a demand for
five-acre lots in Genoa Township.
The call to the public was closed at 10:05 p.m.
Chairman Pobuda addressed Mr. Boss’ concerns
regarding the well and septic. Mr. Markstrom stated they do not know the
feasibility of well and septic in this area; however, they can do a
study of the soils, make a determination, and then report to the
Township.
Chairman Pobuda asked for clarification that the
Township has been having meetings on this rezoning prior to the
petitioner’s submission of his application. Ms. Kolakowski concurred.
Commissioner Mortensen stated it is not uncommon for
a proposal to come in and the Planning Commission will look at the
surrounding area and may sometimes rezone that also. He noted that going
from AG to CE is a natural transition.
Mr. Galvin addressed the issue of economic return.
What the Township is doing is implementing the Master Plan. It is not a
property owner and it is not the Township’s burden to show that any
property owners in the area are going to receive a reasonable return on
their property. He noted that there are more parcels being proposed to
be rezoned than just the subject parcel of the previous application. By
requesting this rezoning, the Township is not admitting that this area
cannot be farmed. It can be farmed under both the County Estates and AG
zonings. The permitted uses are the same for both of these zoning
districts.
Chairman Pobuda advised the petitioner that schools
can be built anywhere and are not subject to the zoning rules.
Commissioner Brown questioned that some property
owners will be affected as 10-acre parcels would be able to be split to
five-acre parcels. Mr. Galvin concurred.
Commissioner Snyder asked if there is a study that
could be done to determine that well and septic could be supported in
this area. Mr. Markstrom stated they could do this study to determine
what the soils would support.
Moved by Mortensen, seconded by Figurski, to
recommend to the Township Board approval of the rezoning of nine
parcels, slightly less than 309 acres located north of Crooked Lake
Road, south of Beck Road, East of Chilson Road, and West of Nixon Road
from AG (Agricultural) to CE for the reasons set forth in the
application prepared by the Township Consultant, LSL, dated October 5,
2004, some of, but not all, of which will be in this motion:
1. It is consistent with the Master Plan
2. It meets the requirements of Section 22.04
of the Genoa Township Zoning Ordinance.
3. County Estates zoning is consistent with the
adjacent properties.
4. Minimum infrastructure requirements as well
as impact and roads, police, fire and schools are needed with
Country Estates zoning.
5. Public sewer and water are not required in
such zoning.
6. There are minimal traffic impacts for this
zoning.
The motion carried unanimously.
Moved by Mortensen, seconded by Figurski, to
recommend to the Township Board approval of the Impact Assessment dated
October 5, 2004 for the rezoning of nine parcels, slightly less than 309
acres located north of Crooked Lake Road, south of Beck Road, East of
Chilson Road, and West of Nixon Road from AG (Agricultural) to CE for
the same reasons stated in the motion recommending approval of the
rezoning application. The motion carried unanimously.
Moved by Mortensen, seconded by Figurski to
approve the minutes of September 27, 2004. The motion carried
unanimously.
Member Discussion
The meeting adjourned at 10:27 p.m.
Submitted by: Patty Thomas, Recording Secretary
Approved by: Barbara Figurski, Secretary
Moved by Mortensen, seconded by Litogot to
approve the minutes of. The motion carried unanimously.
Member Discussion
The meeting adjourned at p.m.
Submitted by: Patty Thomas, Recording Secretary
Approved by: Barbara Figurski, Secretary
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