Although they have yet to approve a final agreement, the Lake Orion Village Council appears to be leaning towards allowing a developer use of property owned by the Village at Pelton’s Point on Lake Orion.
The Council voted on March 27 to have Village Attorney Gary Dovre draft a non-exclusive license agreement with Orion Pointe developer Terry Winter, to allow his development to utilize a 20-foot wide strip of land, owned by the Village.
In exchange, Orion Pointe would agree to maintain the strip of land to Village standards for a public road, and grant licenses allowing use of the improved right-of-way to all property owners having a deeded right to the existing 10-foot private easement that covers the northern half of the Village’s property.
Village Manager JoAnn Van Tassel noted this is would not be the first time the Village has done something like this.
‘Some have done it to allow additional parking,? she said. ‘It’s been done two or three times.?
Council member Douglas Dendel said the Village’s Parks and Rec Master Plan addressed the possibility of a park or boardwalk in that area.
‘There’s no reason we can’t build a wall and put on the south side of that a 10-foot strip, separating it from the development,? he said.
‘We’re giving up these pieces of land that can be used for (a park or boardwalk), and the developer said, at one time, he didn’t need (the property),? said Dendel.
Dendel said he was not in favor of giving up Village property. ‘We give it up now, and we’ll never get it back,? he said.
Van Tassel said the Village owns two separate pieces of land in that area.’The property closest to the water is the private easement…It is deeded for the use of people with rights in that part of the subdivision,? she said. ‘So we can’t use it for a park.?
President Pro-Tem Ken Van Portfliet said that area is a ‘walk-to destination.?
‘You can’t drive there and park,? he said. ‘People can use Green’s Park…it’s underutilized.?
Dendel said Green’s Park also had a lot of swimmers, which could disrupt park users looking for a quiet spot.
‘It makes a unique thing to offer to the public,? he said.
Dovre said at minimum, the developer had a right to use the 10-foot easement. ‘Police and fire say widening the access is a safer arrangement,? he said. ?(Orion Pointe) would pave it, pay for that, and pay for maintaining it,? Dovre said.
Winter said he would be installing drainage curbs and gutters, and paving the street, at his expense.
Dovre said since the Village wouldn’t be giving an easement, it could be, by law, revoked at any time.
‘It’s basically like a contract, but it’s clearly not interest in real estate,? he said.
Regarding maintenance of the property, S. Broadway resident Sue Albert said the Village should look at Winter’s history.
?(Look at) how many tickets he’s gotten for maintenance issues,? she said.
Mark Brancheau, also of S. Broadway, said Winter would be getting land for nothing. He and the Alberts were disappointed the Village had not informed them that Orion Pointe was going to be on the meeting’s agenda. ‘Technically, he’s asking for village property,? he said. ‘Could I ask for an agreement for a green belt??
President Bill Siver said the Village was not giving Winter anything. ‘We’re letting him use it,? he said.
‘So he has a right to do this without the permission of others?? Brancheau asked.
Dovre said the agreement could be drafted and brought back to Council for final approval, which is ultimately what they decided to do.
‘This could be a nice pocket park for the residents,? said Tom Albert. ‘We’re putting down too much asphalt.?