Summary
A staff memo prepared by Zoning Administrator Steve Patmore for the Leelanau Planning Commission (October 8, 2026) addresses a disputed density transfer request tied to an Open Space Residential Development application in Leelanau Township. The 22.65-acre subject parcel spans two zoning districts, approximately 10 acres in R-1 Residential and 12.65 acres in Agricultural, and the applicant proposes placing all 5 resulting lots in the Agricultural portion. Staff's preliminary conclusion is that Article 13 of the zoning ordinance does not authorize shifting dwelling unit density from one zoning district to another, though staff notes the Planning Commission could adopt a differing interpretation. No formal decision or vote was recorded in this document; it presents analysis for the Commission's consideration.
Public Comments
The memo references written attorney correspondence rather than live public comment. The applicant's attorney submitted a letter arguing that Article 13 and Section 506 of the Michigan Zoning Enabling Act permit transferring density between zoning districts because the land constitutes a single parcel. Separately, legal counsel representing neighbors submitted correspondence expressing doubt about the proposed density transfer. Both letters are attached to the memo but not reproduced in full. No response from the Commission to either letter is documented.
Infrastructure Projects
Not discussed in this document.
Other Business
The memo frames two legal questions for the Commission's consideration: (1) whether Article 13 allows transfer of dwelling unit density between separate zoning districts on the same parcel, and (2) whether Section 506 of the Michigan Zoning Enabling Act requires that an Open Space Project permit such a transfer. Staff concludes that under current zoning, the parcel could yield 1 lot in the Agricultural district and 5 lots in the R-1 district as a use-by-right, or under Section 13.5.4(C) bonus provisions, up to 2 units in the Agricultural portion and 7 units in the R-1 portion. Staff's analysis of Section 506(1) finds it neither mandates nor prohibits cross-district clustering, deferring instead to local ordinance.
Action Items
The Planning Commission is being asked to determine whether to adopt findings justifying the applicant's proposed density transfer or to follow staff's interpretation that Article 13 does not permit such a transfer. This matter involves active disagreement among Commission members, staff, neighbors, and opposing legal counsel, and remains unresolved pending further Commission review of the attached attorney correspondence and legal questions posed.