VBT Planners set public hearing Jan. 25 on Lakeshore Ordinance

A public hearing has been set for the Jan. 25 meeting of the Van Buren Township Planning Commission to seek input on the Belleville Lake Lakeshore ordinance amendments.
At its regular meeting Nov. 9, the planning commission listened to a presentation by Will Hawley, an attorney who lives in Mission Pointe, on the changes recommended to the ordinance. Hawley had vehemently opposed the previous amendments presented in two meetings last February and was signing people up to sue the township.
The township staff made a list of 77 things the residents thought was wrong with the document. A public hearing was set in March, but a big snowstorm cancelled the meeting.
At the recommendation of the township staff, the ordinance amendments were sent back to the township staff to work with the residents. They set up a group of lakeside residents, including Hawley, to help make the ordinance something they could support.
Ron Akers, director of the VBT Planning and Economic Development Department, said the work group had from 15 to 20 residents who have worked diligently with the township staff for six months.
Hawley said over the last six months the group has met at least a half dozen times for three hours or so each time.
He said the amendments now dovetail with the Michigan Department of Environmental Quality requirements. He gave the example of a 4’ wide dock requirement. They have taken that out of the township ordinance and now someone wishing to have a wider dock must pay $500 to the MDEQ and show “minimal impact.” It would all be through the MDEQ.
He said a proper grandfathering clause was put in place.
Hawley said Director Akers and Deputy Director Matthew Best were a tremendous help to the committee.
Hawley said the new wording is clarified for people selling property and it should improve properties in the community.
“I think the commission should recommend it,” Hawley said. “It’s time to put this issue to bed. I will lobby for it.”
“We spent a lot of evenings doing a lot of work,” Akers said, noting that two ordinances were in the commissioners’ packets: one a zoning ordinance that covered installation of structures and one a general ordinance.
“The planning commission doesn’t usually review general ordinances, but we want to show how it works together,” Akers said. “The use of the gapland is granting exclusive use and enjoyment of the property … the township owns it … but the ordinance would allow exclusive use of the property that abuts a resident’s property.”
He said there was a question: “Why not just sell the shoreline to the property owners?”
He said because of the dam, the Federal Energy Regulatory Commission decrees you can’t sell property within 75’ of the lake. He said property owners will maintain safely the lake property for erosion, vegetation, and all structures.
Akers said the grandfathering provision is clarified and has been reviewed by the township attorney.
“One of the key parts of the ordinance … is that they can go to the Board of Zoning Appeals for relief without having to address the courts,” Akers said.
Commission chairwoman Carol Thompson, who had experience working on building a dock for the city of Belleville, said a request goes to the MDEQ and to STS Hydro (operator of the dam) and then to FERC for months.
“DEQ has pretty stringent requirements to build a dock,” Akers said.
“We didn’t want you to be in violation of FERC,” Hawley said referring to the “coverage ratio.” He said it wasn’t boats so much as “how much junk do you have there.” He said, “What you put in your coverage ratio, we’re not concerned with.”
Commissioner Medina Atchinson said there are dangerous structures, with docks falling into the lake. She asked if the ordinance officer could go out and enforce the ordinance.
“We can hire someone to remove blight and put a lien on the property,” Akers said. “The general ordinance puts a clear indication that you are responsible blight … We ask people to let us know about blight and we can begin the blight remediation process.”
Best said they decided to ask the township to enforce the ordinances already on the books.
“If enacted, this ordinance will do this,” Best said. “It this is placed into effect, we’ll have the ability to clean up the blighted areas.”
Akers said they found a letter in the files and learned DEQ does not allow flat roof boat houses and FERC doesn’t either.
“We’re affirming DEQ and FERC’s roofs,” Best said.
“There are flat roofs on Belleville Lake,” Commissioner Atchinson pointed out.
“The current structures are grandfathered in,” Akers said “They can do routine maintenance … but could not demolish and replace.”
Akers said they want to take their time and get public input.
Best said they will advertise the public hearing in the Independent and on the township web site.
Commissioner Joan Franzoi asked if a draft of the ordinance would be available on line or in print and she was assured they would.
In other business at the two-hour-and-19-minute meeting, the commission:
• After an hour-long discussion, approved a recommendation to the township board to approve a special land use request for a drive-through restaurant at 10573 Belleville Road, just north of Belle Tire. Applicant is Jason Kishmish. His request for preliminary site plan approval was expected to be voted on at the Dec 14 meeting. He wants to build a three-unit building on the 0.862-acre site with a drive-through restaurant (Jimmy Johns or some other sandwich shop) and two other stores, one possibly a wireless store;
• Heard Patrick Sloan of McKenna Associates planning consultants give a presentation on proposed changes to Article 8 (Environmental Performance) and Article 10 (Landscaping and Screening) of the zoning ordinance, which is being extensively updated. After all the changes have been reviewed the commission will make a recommendation to the township board.