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Mari Stone
Vergennes Township Clerk
clerk@vergennestwp.org

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Clerks Corner - As the Boundary Commission Rules....
Hi everyone - As you may have read in the newspaper, on October 20th Vergennes Township was successful in defending an annexation proposal of 177 acres to the City of Lowell. However, there has been a twist to the plot that is as interesting as a suspense novel. I'll get to that later. Here is a little summary of what has happened over the last 6 months:

On September 15, the Boundary Commission met to adjudicate the request by DuRay Development to annex 177 acres near the corner of Alden Nash and Vergennes to the City of Lowell for a high-density development project. The developer has stated that he needs sewer services to effectively utilize this land, and the City of Lowell is not willing to extend sewer outside of its limits. The city, the developer and the township had met several times to discuss a possible Public Act 425 agreement which would negotiate some shared services (such as sewer) and tax revenue sharing, but progress had stalled over density and zoning control. In the township's opinion, the involvement of the developer in the process was steering the discussions in the wrong direction. At the September 15th meeting, the commission voted to table a decision and we were given 30 days to further negotiate a 425. The Boundary Commission had strongly suggested that the two units of government attempt to reach an agreement on their own without the presence of the developer. Representatives of Vergennes and the City of Lowell then met two more times to discuss the conditions under which we could come to an agreement. There was some early success in agreeing to a revenue sharing figure and a term length of the 425 agreement both sides could accept. This was encouraging. However, the developer had submitted to the city a summary of his use and density needs, and the summary was presented as an attachment to an agenda that had been prepared by the city. Vergennes was uncomfortable including this topic in our discussions. We still felt strongly that zoning should be under the jurisdiction of Vergennes and that we did not want to make agreements regarding use or density without the benefit of the legal zoning process and all of the public input it requires. At our second meeting, we handed out a summary of our own, outlining the facts from our perspective. In a nutshell:

* The reason why the Township must retain zoning authority is that the development of the property will directly affect the character of the township and surrounding township property, traffic flow in the township, open space and designated natural areas in the Township, and nearby residential areas. Neighboring township residents will be directly affected by the project. There are no neighboring City residents. The specific zoning of the property will not affect the City.

* A 425 Agreement should define the agreement between the City and the Township on issues such as length of time, revenue sharing, and provision of services. It is not a mechanism for dealing with development proposals by the developer. The developer's plans should be submitted under the township zoning ordinance and would receive fair consideration.

* The Township will not make advance agreements or commitments to the developer regarding specific zoning and land use issues, such as number of units, density, types of uses, road layout, etc. These are matters to be administered under the zoning ordinance with careful review, required public hearings, and the like. The developer will be expected to submit site plans, development proposals, and other required documentation before any decisions can be made.

After reviewing these statements, the city representatives indicated that they did not think further discussion would be fruitful. At their meetings of October 17, 2005, the City Commission and Vergennes Township Board were informed of this apparent impasse. The township board confirmed our position that we should not relinquish zoning of this property.

At the Boundary Commission meeting on October 20, the commission questioned the city as to why they would need to retain zoning. They wondered about the sewer service and why the city would not consider extending it for revenues. They noted that the contiguousness of the property to the city is not complete, that Lowell Township sewer lines already exist on the property and that overriding local planning and zoning is not in the realm of the Boundary Commission. One of the commissioners said " Zoning is one of the criteria that we are supposed to consider, and the fact that the city wants the ultimate control over that, I think, was a major negative factor, along with its unwillingness to share its (sewer) capacity, when it was perfectly willing to allocate that same capacity to the development if it had jurisdiction." Another said, "I think there is such a thing as orderly growth, and this is not it." For these and other reasons, they voted to deny the petition.

There was an obvious sense of relief about hearing those words. On the other hand, the problem still remains - a landowner who has every right to sell his property has a willing buyer but no sewer to serve the development. You may ask why they can't just put in septic tanks on one-acre lots and call it good. Well, it's more complicated than that. Much of the property in question has a high water table and would not support normal septic system installation. There is good reason to use public sewer in an area like this, not the least of which is possible pollution of the surrounding water supplies. The property has been Master Planned for high density if sewer is available. It is in the sewer district, and already has a sewer line on it that is owned by Lowell Township and serves the high school. Also, because the property is also in the water district and plenty of water from Lowell Township capacity is available, under our agreement with Lowell Township the developer is required to use it and must build the infrastructure to deliver water. This is also an expense that skews their budget. So this is the Catch 22 - in order to build a cost effective project, there must be a higher density than one unit per acre. The Vergennes Township Board knows this, and is willing to work with all parties involved using the proper tools. We just won't give up the zoning oversight and it sure as heck won't be at the extreme density allowed by the city.

Here is where the plot thickens. The most recent development to the story that I referred to earlier involves the Director of the Michigan Department of Labor and Economic Growth, which oversees the Boundary Commission. He has declined to sign the final order, and the parties have been requested back to the Boundary Commission to discuss continuation of a negotiated agreement of some kind. As director of the department, he has the power to do this, and on December 15 we will return to Lansing to hear what they have to say.

We already know how the majority of the Commissioners see this dilemma. My own feelings are that this is ultimately an issue only the community can resolve. On the surface, it's just about sewer. But underneath, there are many issues of concern that affect everyone in the Lowell Community, and I believe they all need to be taken under consideration. This is what we all care about:

• A preserved and enhanced small-town urban character in the City
• Preserved and enhanced rural character within the Townships
• Smooth transitions between jurisdictions in terms of the quality and general form of development
• Well-defined urban and rural areas
• Careful protection of natural features and the environment
• Protected connections between green and natural areas
• Vibrant, safe, clean and aesthetic river corridors
• Retaining a friendly, people-oriented community
• A strong urban center including a healthy central business district
• Diverse job base including both retained existing employment and new jobs
• Good opportunities for business growth and investment
• High quality public educational facilities
• Safe and scenic major corridors and highways
• Strong and effective inter-local partnerships among all three jurisdictions.

In the near future, I would like to see the leaders of the Lowell Community sit down together and discuss these issues in a way that values everyone's role in the community. We need to get beyond our individual goals and think of ourselves as interdependent, because we really are.

To those who have participated in presenting our case to the Boundary Commission, thanks to each and every one of you for your support and efforts. We are fortunate to have so many committed and gifted individuals watching out for the best interests of Vergennes Township. It has been a pleasure to work with you on this effort.

Mari Stone
Vergennes Township Clerk