Zoning would open lakefront to public camping

LEXINGTON TWP.

- The Township Planning Commission has approved a new zoning district between M- 25 and the lakeshore that could make public camping possible.

The rezoning is part of the township’s effort to update its Master Plan, which has been ongoing for a number of years, and has included public committees, surveys, hearings and studies and advice from professional planners.

Called Lakefront Recreation, Resort and Residential, the new zoning passed 5-2 after a Feb. 17 public hearing, attended by about 30 residents, some who supported it and others who believed it could lead to future problems for the township.

The Sanilac County Planning Commission now has 60 days to review the new zoning and provide feedback. After that it must be approved by the Lexington Township Board.

A draft provided at the hearing stated the new zoning’s intent is to accommodate the many mixed uses already existing in the area, which include private campgrounds, motels, cabins, single family homes and a county owned public park.

The area now is zoned residential, which means non-residential property within it is considered non-conforming use. If the owner of commercial cabins sold the property, it would revert to residential.

"At some point a township board decided they didn’t want mixed use there. Through this zoning, we want to keep it as it is," explained township Clerk Mike VanderGraff.

The new zoning also allows for further development, as well as restrictions to such development. It also opens the door to special uses, including public camping.

"We don’t want to stymie growth," VanderGraff said. "It doesn’t mean we will allow a string of party stores there. We have other zoning for that."

Township resident Cathy Young told the commission she supports both the new zoning and the idea of a public campground there. "I think it’s unfair for just a few to enjoy the lakeshore," she said. "There are other residents in the township who want to enjoy it, too."

Other residents oppose the rezoning.

"We believe that the township is entering unexplored territory with the creation of the LFRR district which both gives unprecedented discretionary powers over zoning special uses, but also exposes the township to needless litigation due to the vagueness of the ordinance," said lakefront resident John Groustra.†

"For example, what if a developer applies for an outrageous use that just happens to fit one of the fourteen ‘special uses’ provided, and when rejected by the township, sues to have the special use granted. Isn’t that the situation Lexington Village faces already?"

Controversy still swirls around a public campground that once existed in Lexington Park. The park is in the new Lexington Township zoning district, but is owned and maintained by the Sanilac Parks Commission.

The parks commission sued the township after the township began issuing civil infraction violations, claiming the yearround campground violated zoning ordinances.

Both state and county courts sided with the township and park neighbors who joined the suit, ordering in 2006 that the campground be dismantled. The park is now day use only.

A rezoning request for an overnight recreational campground there failed in July 2005.

Planning Commission Chair Lynn Laughlin said that, should a public campground be proposed for the area, it wouldn’t be the same as what was there before. The zoning draft includes more than three pages of requirements.

"There would be a ton of restrictions that weren’t there before. There would be no RVs or permanent trailers," she said.

Restrictions include no vehicle or tent being used for habitation for longer than 14 consecutive days or 30 days in any one year.

The campground also would have to meet all specifications set by the new township zoning, the county and state requirements prior to approval.

The camp issue isn’t all that concerned opponents, who argued the new zoning is too broad, doesn’t take environmental impact of future development into account and might leave the township open to new litigation.

Further uses the new zoning allows include family day care homes, foster homes, hobby farms, non-drive-through restaurants, commercial marine enterprises such as boat rental, fishing, sales and repairs; planned unit developments; public utility buildings; museums; campgrounds; wineries; hotels, motels, cottages and inns; and events such as fairs.

Lifelong area resident Jerry Bartow told the commission the Department of Environmental Quality recently found septic leaching in his Birch Beach subdivision in Worth Township.

He asked the commission what would prevent the same from happening in Lexington Township, should the lakefront be further developed.

"We don’t have an issue now as far as septic fields. But allowing someone to build hotels, motels or intensify single family use with more toilets is going to take us down the same road," he said. "I recommend the township set money aside for when the state comes by and orders a sewer system."

The DEQ has mandated that Worth Township install a lakeshore sewer system to stop leakage from failed septic systems. The cost is estimated at $33 million.

Township resident Matt Rose, who does not live on the lake, but whose mother owns property there, said he was in favor of the proposal.

"I’d like to see it pass," he said. "I’m not a builder or a politician, but I’d like to see more cabins. I’d like to see more people come up and enjoy the lake."

Peck Road resident Julie Cunningham said, "I would like to see a campground come back to Sanilac County Park."

Lakefront Julia Sobell asked if the zoning would allow her or someone else to put a gas pump or convenience store at her house for use by boaters.

Commission member John Watson said no.

"It is not a commercial district," he said. "It must blend well with residential. And if anyone proposed a special use, everyone within three hundred feet would be notified."

Laughlin said a special use proposal would have to meet all zoning requirements.

"I would say that wouldn’t be a quick jump," she said.

Lakeshore resident Tom Quinn asked if any environmental studies had been done regarding the impact further development would have.

"You, I and the Pope know this is about the park. We know funds have been spent on litigation and could be spent again," he said. "I’m very concerned if the campground reopens, of the impact. I’m very concerned if someone opens a boat store, of the impact."

He said the hearing should have been held when summer residents are in town.

"Put yourself in the shoes of residents who pay a lot of money and taxes to be here showing up and finding this."

He also doubted new development would be sustainable. "I’d be concerned in these economic times that it could be abandoned," he said.

"I understand this is a freight train and that you have spent money on it. But do we need to open the door to allow the county to open a camp or sell a hotel? I already have a water pipe in my yard I can’t tap into.

"I hope you sit in our shoes, who have brought economic value to Lexington. The government needs to take a close look at itself."

Rose said he’d like to see city sewers in the area.

"I think that would be a wise choice. If a person can build cabins and hotels so everyone can enjoy the lake and not just rich people who’ve managed to buy their spots," he said.

Quinn disagreed that only permanent lakeshore residents now enjoy the lake.

"The county park is already there. Just because we don’t want someone to park a trailer for a $500 permit and not pay taxes doesn’t mean we’re against people enjoying the lake," he said.

After the hearing Commissioner Robert Kozfkay moved for approval, seconded by Watson. Laughlin, Kristie Jahn and Jane Huepenbecker also voted yes.

Tom Wilson and Mike Ziegler voted no.

"After hearing the number of comments from the public as well as my own concerns, I think it goes too far regarding boat sales, hotels and motels," said Wilson. "There also are concerns over septic failures."

Laughlin disagreed. "We have minimum lot size requirements. Forty foot lot sizes sure aren’t allowed up here," she said.

"I agree with Tom," said Ziegler. "It is too broad and allows for too many things."

Said Laughlin: "The zoning asks for specific criteria and site plans. You can’t build what you can’t provide infrastructure for."

As for environmental impact, studies could be done if the need arose, said John Enos, of Carlisle/Wortman Associates, the company hired by the township to assist with the Master Plan.

"I don’t think a study is feasible concerning all the shoreline you have out there. As a special land use is applied for, that’s the time a study could be done," he said.

In other business, the commission approved a special land use allowing Tarik and Denise Abass to open a Bed & Breakfast establishment at 3288 Lakeshore Rd., at the corner of Wiltse Road, under conditions that the parcel receive clearance for sewer and water purposes from the county health department.