HELP! "Elective" Zoning Question

[commissionerpd]

Does anyone have any information or precedent on a case such as this:

(Southwest Michigan)

The township in question is attempting to I call it "electively" re-zone a large chunk of a privately held property. The main use is a children's cultural center and campground (cabins, dorms, educational buildings- seasonal use).

The township is trying to get the administration of the facility to "sign-off" on a zoning change to some of the outlying property (of this private facility) which is currently undeveloped that would bring the the available uses down to basically an unusable and unmarketable status in the future. They want to take the property in questrion down to a small maximum footprint, one building per five acres.

This has nothing to do with a new "master plan", but is just a typical for this area attempt to try and control (more like strangle) development but this time they are telling a private landowner that he just needs to sign off and do what they say and the hell with the consequences.

Has anyone er heard of something like this? Just re-zone a chunk of private property on a whim to insure no development in the future? I know all about farmland preservation, but this is not currently zoned ag, and no incentives have been brought to the table. Please ask me any questions if you need further details- believe me, this township really does things like this and they prey on the ignorance of the landowners.

[snoogit]

Does anyone have any information or precedent on a case such as this:

(Southwest Michigan)

The township in question is attempting to I call it "electively" re-zone a large chunk of a privately held property. The main use is a children's cultural center and campground (cabins, dorms, educational buildings- seasonal use).

The township is trying to get the administration of the facility to "sign-off" on a zoning change to some of the outlying property (of this private facility) which is currently undeveloped that would bring the the available uses down to basically an unusable and unmarketable status in the future. They want to take the property in questrion down to a small maximum footprint, one building per five acres.

This has nothing to do with a new "master plan", but is just a typical for this area attempt to try and control (more like strangle) development but this time they are telling a private landowner that he just needs to sign off and do what they say and the hell with the consequences.

Has anyone er heard of something like this? Just re-zone a chunk of private property on a whim to insure no development in the future? I know all about farmland preservation, but this is not currently zoned ag, and no incentives have been brought to the table. Please ask me any questions if you need further details- believe me, this township really does things like this and they prey on the ignorance of the landowners.

Lol sounds like the township I used to live in. but I remember the township doing almost the opposite of this, they rezoned residential into commercial to encourage those who lived on the land to sell to commercial development, I think some people sold to Tol, but their houses are just sitting there now.

[civitas]

Does anyone have any information or precedent on a case such as this:

(Southwest Michigan)

The township in question is attempting to I call it "electively" re-zone a large chunk of a privately held property. The main use is a children's cultural center and campground (cabins, dorms, educational buildings- seasonal use).

The township is trying to get the administration of the facility to "sign-off" on a zoning change to some of the outlying property (of this private facility) which is currently undeveloped that would bring the the available uses down to basically an unusable and unmarketable status in the future. They want to take the property in questrion down to a small maximum footprint, one building per five acres.

This has nothing to do with a new "master plan", but is just a typical for this area attempt to try and control (more like strangle) development but this time they are telling a private landowner that he just needs to sign off and do what they say and the hell with the consequences.

Has anyone er heard of something like this? Just re-zone a chunk of private property on a whim to insure no development in the future? I know all about farmland preservation, but this is not currently zoned ag, and no incentives have been brought to the table. Please ask me any questions if you need further details- believe me, this township really does things like this and they prey on the ignorance of the landowners.

The township can administratively rezone the land any time they want without the owner's signature. They probably know they can't defend 5-acre minimum lot sizes (unless maybe if the owner "requests" the rezoning). The owner shouldn't sign anything that suggests he agrees with something he doesn't agree to.

The owner should object to the rezoning in writing to the planning commission and the township board. He should also verbally object at any public hearings. Ideally his objections should come through a formidable land use attorney.

If the land does get rezoned, he should carefully study the laws related to being a legal non-conforming land use.

[torgo]

The township can administratively rezone the land any time they want without the owner's signature. They probably know they can't defend 5-acre minimum lot sizes (unless maybe if the owner "requests" the rezoning). The owner shouldn't sign anything that suggests he agrees with something he doesn't agree to.

The owner should object to the rezoning in writing to the planning commission and the township board. He should also verbally object at any public hearings. Ideally his objections should come through a formidable land use attorney.

If the land does get rezoned, he should carefully study the laws related to being a legal non-conforming land use.

Right. The state zoning statute also requires that all property owners within 300 feet of the property in question have to be notified of the proposed rezone, so if they object, they can and should do so at the public hearing.

I would also suggest some research into why the Township is doing this. It seems to me that rezoning a bunch of property with little rhyme or reason is asking for a bunch of lawsuits, which townships generally try to avoid. It could be rather subtle, like a suggested strategy in the master plan. I would comb through the master plan and zoning ordinance for clues if they don't just tell you.

If you don't mind my asking, which Township is it? You can PM me if you dont wanna post it.

[commissionerpd]

Lol sounds like the township I used to live in. but I remember the township doing almost the opposite of this, they rezoned residential into commercial to encourage those who lived on the land to sell to commercial development, I think some people sold to Tol, but their houses are just sitting there now.

I don't want to mention the township name publically, but that would be a move these guys would make! They don't have anything that they could try rezone like that- they wish they did though.

[commissionerpd]

The township can administratively rezone the land any time they want without the owner's signature. They probably know they can't defend 5-acre minimum lot sizes (unless maybe if the owner "requests" the rezoning). The owner shouldn't sign anything that suggests he agrees with something he doesn't agree to.

The owner should object to the rezoning in writing to the planning commission and the township board. He should also verbally object at any public hearings. Ideally his objections should come through a formidable land use attorney.

If the land does get rezoned, he should carefully study the laws related to being a legal non-conforming land use.

thanks for the info! I pulled up a bunch of my old research documents and found that these yahoos can in fact do what you are saying which is frightening in MI. I have an attorney out of lansing coming down with me to the meeting tomorrow. I will pass your strategy along and have him draft a letter for us to turn in tomorrow.

[GRDadof3]

Is this the Boy Scout property in Muskegon (?) County?

[civitas]

Is this the Boy Scout property in Muskegon (?) County?

Close to 5,000 acres, a $20,000,000 price tag and a 5-0 denial last week by the planning commission. I'll bet the Chicago lawyers are already all over that one.

Come on commissionerpd, you can tell us which township. We won't tell the Geha.

[torgo]

Is this the Boy Scout property in Muskegon (?) County?

No.

For whats worth, I understand its pretty dang rare for a municipality to rezone land when the owner doesn't want the land rezoned.

[civitas]

No.

For whats worth, I understand its pretty dang rare for a municipality to rezone land when the owner doesn't want the land rezoned.

It is rare and when it does occur it often happens when a new zoning map is adopted. That way the little shifts here and there aren't easily seen. The whole community is noticed for public hearings so no attention is paid to individual properties and the landowner is often blindsided when it happens.

It almost always happens with a down-zoning to a less valuable land use.

It is good that the community in question is including the land owner in the discussion.

[commissionerpd]

Is this the Boy Scout property in Muskegon (?) County?

It is the Latvian Center near Three Rivers, MI

[civitas]

It is the Latvian Center near Three Rivers, MI

Valdis (Val) Lazdins is a senior urban planner at Langworthy, Strader, LeBlanc & Associates, Inc. in Grand Rapids. Val is also Latvian and remains connected with the local Latvian community. Give him a call (616-336-7750) or send him an email ([email protected]) and he'll offer helpful advice.

Good luck.

[commissionerpd]

Valdis (Val) Lazdins is a senior urban planner at Langworthy, Strader, LeBlanc & Associates, Inc. in Grand Rapids. Val is also Latvian and remains connected with the local Latvian community. Give him a call (616-336-7750) or send him an email ([email protected]) and he'll offer helpful advice.

Good luck.

As I promised Civitas, here is/was the outcome from Tuesday's meeting:

It is this simple- they didn't think anyone would show, let alone bring (Proper) paperwork so they dropped it right off of the agenda! All the surrounding neighbors showed- yep I don't think they expected that, and of course it got a bit vocal. They did say they may revisit it again in the future, but I don't think it will be any time soon.

Thanks again for the help guys- I'm sure you'll find what I just wrote amusing.

[civitas]

As I promised Civitas, here is/was the outcome from Tuesday's meeting:

It is this simple- they didn't think anyone would show, let alone bring (Proper) paperwork so they dropped it right off of the agenda! All the surrounding neighbors showed- yep I don't think they expected that, and of course it got a bit vocal. They did say they may revisit it again in the future, but I don't think it will be any time soon.

Thanks again for the help guys- I'm sure you'll find what I just wrote amusing.

Congratulations.