VBT to offer free rezoning to M-1 parcels on Martinsville, Savage

After Van Buren Township got a string of rezoning requests for properties on Martinsville and Savage, the township board decided to do something to solve a problem.
At the June 18 regular board meeting, the board voted unanimously to offer free administrative rezoning of their properties for residential properties zoned M-1, Light Industrial.
And, the action includes refunding the $600 rezoning application fee recently paid by two property owners, at a total refund cost of about $1,200.
A letter will be sent out to 31 property owners on Savage and 12 on Martinsville offering to rezone the properties at no charge. Once there is written interest from residential properties they all will be combined into one package and one rezoning process will be completed. This is a one-time opportunity.
Planning and Economic Development Director Ron Akers dug into the history of how all those houses got on M-1 properties and how to fix the situation.
Akers found the earliest zoning map the township had on file was from 1964. This map shows the area in question as being zoned light industrial. Staff found many of the homes in that area were constructed in the 1920s and clearly predate the township’s original zoning ordinance.
There have been two homes constructed in this area recently, in 2005 and 2006, but those homes were constructed within a residential zoning district.
There are three industrial properties within the district, which were constructed in the 1970s and 1980s. All three are current active businesses in this area. Two of the businesses are tool and die shops (Krebs and Gentle) and the other is used for storage for ProSite Services.
“The answer to the question, ‘How did houses get built in a light industrial area?’ is that the vast majority of the homes in this area were constructed prior to the enactment of the township’s first zoning ordinance,” Akers wrote. “It appears that this area was initially zoned light industrial in the 1960s likely due to its proximity to the railroad tracks.”
Because he had turned in his resignation, Akers was not present at either the work/study session on June 17 or the regular board meeting on June 18 and the issue was handled by Director of Public Services Matthew Best.
Best said, according to township attorney Patrick McCauley, there is nothing to prevent the township from doing this. “Nothing says we can do it and nothing says you can’t,” Best said.
While Supervisor Kevin McNamara wondered if refunding fees would be admitting the township did something wrong and admit liability, Best said a letter from McCauley said, in his opinion, repayment no way admits liability.
Trustee Kevin Martin said, “This is just for this M-1 area, not for others.” He emphasized that people need to know this is not for any other area.
Best said staff members are not recommending anything, but just came up with the information the board wanted. He said the area is master planned residential.
When asked if this is the only area where residents are built on M-1 zoning, Best said there are other homes in the township built on M-1 zoning.
“All we’re doing is correcting mistakes,” said Trustee Paul White.
“No mistakes,” chimed in Supervisor McNamara and Trustee Reggie Miller.
“The structures were built prior to M-1 zoning,” said Best. “No incorrect anything. They are nonconforming uses. They can no longer get a mortgage for homes on M-1 zoning.”
Trustee Miller said it was an unusual set of circumstances.
“We can do whatever you want to do,” Best said to the board. “Non-conforming use is not unique. The problem with the mortgages is the problem.”
Best said while some had recommended just rezoning the whole area, he said that is not recommended. “Blanket rezoning doesn’t follow best practices of zoning,” he said.
Trustee Sherry Frazier, a real estate agent, was commenting on a home sale in this area that was held up so long by the rezoning that the buyer lost interest and the sale was not completed.
Then, she stopped speaking and stared at Supervisor McNamara, who was leaning over and putting his head near Treasurer Sharry Budd’s head to have a private conversation.
Trustee Frazier said she realizes they don’t care what the trustees think, but she did not appreciate them whispering while she was talking.
Both McNamara and Budd said they weren’t whispering. Frazier said she lost her train of thought and stopped talking.
At the end of the meeting, Trustee Miller asked for board members to respect each other and to keep sidebar conversations to a minimum. She said she was called out during the meeting for supporting a motion too quickly.
She referred to McNamara commenting on the speed with which she supported a motion.
In other business at the one-hour-and 34-minute meeting on June 18, the board:
• Approved the second reading and rezoning of 13414 Martinsville Rd. from M-1, light Industrial, to R1-B, Single Family Residential;
• Approved a lot split on 83-095-01-0226-000, owned by Sandra Gillespie at 41251 E. Huron River Dr., making two parcels out of 3.5 acres: 1.15 acres and 1.87 acres. Parcel A is the parking area where the boats are stored by Sandy’s Marina and Parcel B is the area with the two buildings along the railroad tracks used by businesses;
• Approved the annual audit of all township funds for fiscal year 2018 by Plante Moran. The township got an “unmodified opinion,” the highest audit rating possible;
• Approved a resolution adopting a final project plan for Rouge Valley Sanitary Disposal System on behalf of Wayne County so it can receive a low-interest loan from the state. All 13 communities served by the system must submit supportive resolutions to apply for the State of Michigan Revolving Fund Loans. Frazier pointed out that the township is thinking of leaving RVSDS and Water and Sewer Director James Taylor said the township is undergoing an engineering study which should determine if the township should leave the system completely or direct less flow there. VBT also could become a customer rather than one of the owners. Taylor said there are five projects costing from $80 million to $1.1 billion that the township would have to help handle if it stayed in the system. Currently, 1.6% in the system is the VBT discharge;
• Heard McNamara announce that although the township usually gets about $100,000 of Community Development Block Grant funds annually, this year CDBG was to be reprogrammed with more money going to Ecorse, River Rouge, Hamtramck for a big bang project. McNamara said Treasurer Budd was tenatious and VBT ended up with a $375,000 CDBG grant for the Iron Belle Trail. McNamara said VBT has received $800,000 for the Iron Belle Trail so far, with more funds pending from the Ralph Wilson Fund. Budd said CDBG also is giving VBT $20,000 to support the senior center;
• Heard Frazier ask McNamara if they will be putting up a digital sign at the corner of Tyler and Belleville roads to direct drivers to township hall. McNamara said that property is owned by Ford Land. Frazier asked if they could ask Ford to split off a little piece or sell an easement for the sign. “They don’t return our calls,” McNamara said of Ford. He said at one time Ford wanted VBT to buy all the property across from township hall. He said they made him communicate through their real estate agent. “They pay their taxes religiously and we’re very grateful for that,” McNamara said. Frazier said she would see what she could do, as a real estate agent, to get a place for a sign on the corner;
• Heard Frazier say she is interested in data-driven results and she is looking forward to the budget sessions in August and the data that will be presented; and
• Held a moment of silence in memory of the late Joyce Gant who started the Health Expo at the senior center ten years ago. The Expo was being held the day of the meeting and Treasurer Budd said even while Gant was in hospice “her big concern was that the Expo go off today.” The seniors honored her memory at the Expo, which had 250-300 people attending, according to McNamara. He said Walt Rochowiak cooked two dozen turkeys in roasters. McNamara said the senior center has 2,800 members presently.