BACKGROUND:
A petition ZOA# 23-227 and RZ 22-02, Sauk Trail Meadows was received by the Township on August 18, 2022, requesting a map amendment to conditionally rezone a parcel (L -12-32-100-008) from AG, Agriculture to R-2, Low Density Multiple Family Residential.
The voluntary rezoning conditions offered by the applicant include:
· Limit maximum density to 2.5 dwelling units per acre
· Limit building height to 30 feet/ 2 stories
· Limit permitted uses to one-family dwelling, one-family attached, and two-family attached dwellings
· Limit conditional uses to the property to a private sanitary sewer system
Currently, the site is primarily vacant, has been most recently farmed, and portions are encumbered by wetlands. The site is not currently served with sewer and water. The applicant is seeking approval to construct a private sanitary sewer system.
In order to rezone the property to accommodate for the proposed development, the Township would have to consider amending the Master Plan. During the recent update to the Master Plan, the applicant submitted a letter requesting a change to the future land use plan. The Planning Commission considered the letter but did not make the change as requested.
The Master Plan is the primary policy document which guides development in the Township, and all land use decisions that come before the Planning Commission and Township Board should be in general compliance with the Master Plan. The proposed development is not consistent with the intended future use outlined in the Master Plan and is contrary to the ongoing township effort to preserve agriculture and open space.
The site is located outside of the utilities service boundary. The utilities service boundary has been consistently planned to preserve the township agricultural and sensitive natural features areas. Areas outside of the utilities service boundaries are found in areas of the township that are typical agricultural use and/or provide areas of natural features, and open space. Because of a lack of utilities these areas are planned and zoned for large lot residential, natural features and open space preservation, and continued agricultural use.
Due to lack of utilities, the applicant is proposing to construct a private sanitary sewer system. Private and community sanitary sewer systems are regulated by two separate sections of the zoning ordinance.
Section 8.08 of the Zoning Ordinance states that:
Approved as conditional use. As used in this section, a private sewer system is privately owned equipment for the disposal of sanitary sewage from more than one dwelling or place of business. No person or firm shall build, operate, or use a private sewer system unless it is approved as a conditional use in the manner provided by Article X…..No private sewer system shall be located within the utility service area established pursuant to § 36-12H of the Pittsfield Charter Township Code.
Section 14.03 of the Zoning Ordinance states that:
Community wastewater utility systems shall require a conditional use permit from the Planning Commission in accordance with the procedures and standards set forth in Article X, Conditional Use Review, of this chapter. Community wastewater utility systems shall be strictly prohibited in areas of the Township that are located outside of the water and sewer district.
Because the language is conflicting, the most restrictive language complies, which states that community wastewater utility systems shall be strictly prohibited in areas of the Township that are located outside of the water and sewer district.
The applicant has three options with regards to the private and community wastewater system:
1. Remove it and find alternative means to handle waste. This would require a density reduction.
2. Obtain variance to the Zoning Administrators interpretation that a private and community wastewater system is not allowed outside of the water and sewer district.
3. Obtain variance to allow for private and community wastewater system in area of the Township outside of the water and sewer district
Private and community wastewater systems are generally frowned upon by municipalities because:
1. They are maintained by the homeowners association, and thus they have a higher chance of failing.
2. If and when they fail, homeowners association often don’t have the capacity to repair/replace. In this case, the HOA often turns to the municipality to maintain and replace.
3. If the site is located outside the utility district, when a private system fails, the site cannot be hooked into the public system.
The Planning Commission found that the development does not meet the required PUD Standards:
1. The development is not consistent with the Master Plan.
2. The proposed number of units is not consistent with the surrounding land use.
3. The number of units is not permitted in the ordinance, and the requested density would require a significant deviation from the Master Plan.
4. There are other development means to that would allow for preservation of open space and natural features, not require a community wastewater system, not require a rezoning, and provide a density greater than what can be achieved under the underlying zoning but more consistent with the surrounding area.
5. A private and community wastewater system is not permitted without a variance.
6. Private and community wastewater systems are generally not supported for the aforementioned reasons.
The Planning Commission held a public hearing on December 1, 2022. After considering the planners report and public testimony, the Planning Commission found that the conditional rezoning standards were not met and approved the Resolutions of Denial on December 15, 2022.