VBT planners postpone action on Pulte Homes site for legal advice

Only one person spoke during the public hearing on a Special Land Use Request for Pulte Homes of Michigan’s proposed Cedarchase development at the northwest corner of Morton Taylor and Tyler roads.
This was during the June 12 regular meeting of the Van Buren Township Planning Commission.
Pulte wants to construct 88 detached, single-family dwelling units on individual 50’x120’ site condominium lots on the 31.85 acres that originally was part of the Walden Woods Planned Unit Development (PUD) that was approved in 1994.
Bill Anderson of Atwell, a consulting, engineering, and construction firm in Ann Arbor, was one of those representing Pulte at the meeting.
At the beginning of the public hearing he described the development which had varied lot setbacks, two parks with a walkway between the two, sidewalks and paved roads and sidewalks along the perimeter.
He said the development will pave Morton Taylor Road from Tyler to the first road access to Walden Woods and will clean the drain. There is 33% open space (9 acres) and farmhouse-style homes with between 1,800 to 2,600 square feet of space. Anderson said it appears the prices will be from the mid-$300,000s to the mid-$400,000s.
Sarah Ciccarelli, who lives across Tyler Road from the proposed development, attended the meeting by zoom to give her comments. She said Tyler is a busy road and another subdivision is coming just down Tyler Road which will bring even more traffic. She said it looks like the entrance to the new development would be across the road from her house and, “I’m not really happy with that.” She said she had planned to send a typed comment in the chat section of the zoom connection, but chat had been disabled.
Dan Power, director of planning and economic development, apologized for chat not being available and invited Ciccarelli to send a typed comment to him and he would distribute it to the planning commission members.
After the public hearing closed, Director Power recommended that the commission postpone action on the four items on the agenda concerning the development. He said there were more questions on approaches to the project.
Following a lengthy discussion, the commission did postpone action on the four agenda items: Pulte/Walden Woods PUD Amendment; Pulte Special Land Use for establishment of a new Planned Residential Development (PRD); Preliminary Site Condominium Approval; and Preliminary Site Plan Approval for Cedarchase.
Commissioner Jeff Jahr agreed that the items should be postponed, but he wanted everyone to be clear what information they are waiting for. He said they were asking to modify an existing PUD. Walden Woods wants permission not to build the apartments it had permission to build.
Commissioner Jahr said the property can’t be sold as it is and the PUD has to be removed. He asked if the original PUD still exists or was it turned over to the Homeowners Association after construction of the 300 homes was complete in Walden Woods.
He said paving of Morton Taylor Road was required as part of the 30-year-old PUD and that never happened. He said the township doesn’t know who the present owner of that property is and Anderson said he didn’t know either.
Vidya Krishnan, planning consultant from McKenna, said they did get information from the township attorney a while back.
Anderson said they would appreciate more information.
Director Power said the ownership of the community is one of the first questions and they did get attorney comments on the two different projects that can’t be under one PUD.
Jahr said according to records, Hayden Gregory LLC is still responsible for the property and, “We need a lawyer.”
Krishnan said the township no longer allows PUDs, and only allows PRDs (Planned Residential Developments).
Commissioner Medina Atchinson said she loved the layout presented by Anderson. Jahr said if the land split happens, he likes the development layout, too.
Anderson said the present owner could put up 200 units and commercial if there are no changes.
Jahr made the motion to postpone the first agenda item for a Pulte/Walden Woods PUD Amendment and asked staff to report on the validity of the PUD, any performance bonds known on the paving, and to review the requirement for paving.
The next item for a new PRD was also postponed with the staff directed to present a case for eligibility.
Anderson showed a parallel R-1B plan for a subdivision of 74 single family homes with no open space. But it was pointed out this property is not zoned R-1B, but PUD.
Commission chairman Brian Cullin said the drain that runs through the property is not shown on the parallel plan and Power said the drain was to be rerouted in that plan.
Juriga said the PRD is not supposed to go against the master plan, which has this area zoned Commercial. Also, there needs to be justification for the waiver for the smaller lots in the PRD.
The final two items were also postponed for more information.
“I want to speak out in favor of the development by Pulte,” said Jahr. “I think it looks nice … I’m sorry the process is what it is.”
Treasurer Sharry Budd, township liaison to the commission, said she had questions about the long cul-de-sac and if the fire engine could get in and out of there.
Anderson said their cul-de-sac is 1,000’ and the township allows 1,200’.
Budd said if there was a problem at the beginning of the cul-de-sac, people could not get out until the problem was fixed.
Anderson said residents do like the cul-de-sacs and the mailboxes will be in clusters not along the cul-de-sac roadway.
Jahr said the final two items need to be postponed until the commission makes decisions on the first two items and eligibility is determined.
“We don’t even know if the property is available,” he said.
Anderson said he is hoping the attorney will provide direction.
In other business at the one-hour-and-44-minute meeting, the commission:
• Approved extending the three-year temporary land use approval for DeBucks’ Corn Maze and Pumpkin Patch by one more year to give the township time to finalize a text amendment to the zoning ordinance to address Agritourism uses and the processing of a submitted site plan. Power said the ordinance is not quite ready and chairman Cullin said glitches came up that they are able to address, but it has delayed the process;
• Approved recommending to the township board Agritourism text amendments to the zoning ordinance, including a last-minute addition suggested by Scott DeBuck, that playgrounds have no mechanical rides unless approved by the planning commission. The other two changes were brought to the commission by a property owner who had concerns about the required buffers that would eliminate properties with 500’ of frontage from qualifying for Agritourism and that language was adjusted. Wording to indicate “existing” Agritourism activities was added requiring a newer neighbor to put in their own buffer to an existing Agritourism, if requested;
• Removed from the agenda at the request of the applicant a request for installation of an 8’ high vinyl fence on two sides of the generator enclosure at the US Signal, Inc. facility at 9275 Haggerty Rd.; and
• Heard Power report that the Jiffy Lube site plan for an outlot at Meijer has expired and he has yet to hear its final decision on building. There has been no formal withdrawal, he said. Commissioner Atchinson asked if he could find out why they haven’t built. She said the community is underserved in that area.