By By JOHN EBY / Dowagiac Daily News
Dowagiac City Council gave first reading Monday night to two ordinances related to the proposed Eagle's Trace, 40 more garden apartments behind Eagle's Wood.
One ordinance would approve rezoning 4.63 acres from A Residence to Planned Unit Development (PUD) to allow for the apartments' development through the Michigan State Housing Development Authority (MSHDA) tax-credit program.
Because of its status as a PUD, City Council will be required to approve a site plan for the development contemplated by Peter M. Jobson, Excel Realty Inc., Shaker Heights, Ohio.
A resolution conditionally approving sale of the property was approved at the last City Council meeting Feb. 28.
Final action would be expected at the next meeting March 28.
The Planning Commission March 7 recommended approval of the rezoning and preliminary site plan.
Planners also approved a lot split for the development, subject to council approval of necessary rezoning and site plan approval.
Another ordinance would approve an agreement between Excel Realty and the city for a payment in lieu of taxes (PILOT) for Eagle's Trace, a five-building complex of eight three-bedroom units, eight three-bedroom units, eight one- and two-bedroom units, eight two-bedroom units and eight two-bedroom units.
In accordance with MSHDA requirements, a PILOT agreement is required for projects developed under the tax-credit program.
The agreement calls for an 8-percent payment of all shelter rents collected. If the development is fully occupied, that would result in annual collections of $17,912.
Judy Clarke Corak of Pokagon Township addressed council members, acknowledging that the city "is finally admitting there is a water problem there and you have called in Wightman and Associates to develop a plan to redo the whole 80 acres.
Mayor Donald D. Lyons disputed that figure. With 115 acres in the Bock farm, "I can assure you it doesn't come close to that."
Corak continued, "When the Commercial Center was proposed for that land, Cass County Conservation District and (former) Pokagon Township Supervisor (Barbara Cook) recommended that the city install the tollgate method of water control because of this fragile territory. Instead of following that recommendation, the city went with the cheap ditch method. My understanding is that the city was told that this method was not even going to be allowed for these developments in the near future, yet that was the method chosen.
Actually, City Manager William H. Nelson Jr. said, a tollgate drainage system was incorporated into the first phase. "The issue was tying the first phase of Eagle's Wood into the existing system, taxing its capacity."
Nelson also said the Amerihost extension lacked curbing, which will capture runoff more effectively into the storm sewer.