Chairperson Richard Slee called to order the public hearing for the Canadian National Rezoning Request for 375 +or- acres they have purchased in the northwest corner of the township from A-1 to M-1.
Present: Slee, Kyler, Blair, Slucter, Martinez
Absent: Baker, Hall
Also present: Jim Foulds, Vein Fountain, (AGS) and Township Attorney J. Richard Robinson

CANADIAN NATIONAL REZONING REQUEST:

Representing the railroad were Bob Malone, Tom Rigley and John MacGregor. Mr. Malone stated that they are still in the study stage for how many tracks and where they will go. He introduced John MacGregor to make the presentation.

MacGregor presented a map showing the 17 parcels they have purchased and showed a proposal of the tracks following current ones and then along I-69 north to the GM plant in Delta Charter Township. They will be hauling scrap metal and parts and when the assembly plant opens they hope to haul completed cars rather than they being hauled by trucks. The construction of the tracks will consist of ups, downs, culverts and over water, as the land is not flat. Some places the tracks are up 15-20' high and will have to have wider embankments. They will add one more track between Billwood and Nixon. They will add two new grade crossings over Billwood and Davis. These are done through the MDOT protection procedure. They have also requested from ECRC that Oak Hwy be closed.

Slee asked about lot 14 B that they have not acquired. This has a full option and the land owned by one owner, the Taylor's, is being closed on in two closings. The second closing will be next month. The Cunningham's have a life estate but have closed.

Malone stated that Taylor acquisition has no conditions and no rights to withdraw.

Martinez asked about the fact that they bought 17 parcels, as owners would only sell their whole parcels but how much land do you need for tracks? They are not sure as still in the study stage and not positive where the tracks will go. They would like full flexibility for the planning stages. Martinez stated that he thinks someone could crunch numbers and know how many acres they really need for the rail activities. Malone stated their objective is to haul all of the finished products. He doubts they will use all 375 acres for railroad. They are working on the design and want enough land to serve GM.

Slucter asked when they would know how much surplus land they have? Sometime this year. He then asked what would become of the extra land? They will offer it for sale to support industries of GM.

Martinez asked if they are doing speculation? No Do they have definite plans for the extra land? No, it could be sold back to be farmed or green space.

Slucter asked if they would tell their shareholders they are speculating? No. Slucter stated that he has no problem rezoning what the railroad needs but not all of it at this time. Malone stated that this area would not be appropriate for residential anymore. Slucter stated the big question is why do they need all of this land rezoned? Maybe not but they want it all for flexibility.

Martinez stated he has no problem rezoning the amount needed by the railroad.

Malone stated again that the surplus would not be a residential area.

Kyler asked about if any of this land could be used for a park. Malone stated that this was mentioned once before and they are willing to dedicate about 11 acres near Nixon and the railroad to the township for a park. They are also prepared to donate $20,000 toward the development. All they would ask is that fencing be put up near the tracks to separate people and trains.

Jim Mauer 7170 Oak Hwy asked if there is any way to stop the other buildings being put m. If the M-1 zoning goes through anything could be built that fits the zoning. There would be site plans some SUP might be needed. He asked if this would destroy the property values on Oak Hwy? Slee stated he had no idea. Malone said that no study had been done.

Sue and Gary Burnett 7541 Billwood stated that they have a pond that is shared on land bought by the railroad and it is protected wetlands by DNR. What will happen to it? Malone stated he was not aware of any dedicated wetlands in the area. They will have look into it and work with them. Robinson reported that anyone could make complaints about wetlands being destroyed to the DEQ. The railroad may need to obtain a soil erosion permit if working in that area. They also expressed concern over the emergency vehicles being able to get to them if the tracks are blocked for long periods of time. It was stated that no additional tracks would cover Billwood or Davis. She stated that they are being isolated as the only house between Guinea and Nixon and they are very concerned.

Discussion continued on the pond. Malone said they will look into this immediately and since they are not sure where the tracks are going the pond may not even be affected. MacGregor reported that they have hired a wetland consultant who will delineate all of the water on their land when the weather breaks. CN respects all wetland regulations.

Malone stated they want to be good neighbors and they will work with them. Buruetts are also concerned about plowing etc as are those on Oak Hwy. Burnett questioned the drawing of 21 B and why not in zoning request? He feels the map is in error. They will check on this.

Melinda Hamilton 7200 Oak Hwy asked about emergency vehicles being able to reach them at all times. It was explained by the township that they will get there even if have to use alternate routes. She also asked if they would ever be hauling hazard materials ? Malone stated no only scrap metal, parts and eventually finished cars. They would transport no fuels.

Carol Asher 7246 Oak Hwy stated she is concerned over noise pollution. Malone stated that they do the best to account for noise, as they know it is not attractive. They will do berms, plantings and attend to this concern in the design. They will work with the township to make it as pleasant as possible.

Slucter asked what is subject to site plan review of structures being built by the railroad? Robinson replied that the buildings and signs are but the tracks are not and the structures on any land they would sell or lease. Malone stated that they will be building one building and have a gravel parking lot and he agreed on what would need site plan review.

Slucter asked then how we could be assured about henning along the tracks. They would do them, as they do not want to irritate the neighbors and township. They have such a setting for the Lake Orion plant with nice residential next to them.

G. Burnett asked how long tracks are closed to add? MacGregor stated that it could take 12 - 48 hours or do half at a time. Burnett stated that their biggest concern is for emergency vehicles not being able to get to them. Malone stated that not sure how to let them know where they are going but to work through concerns with the planning commission. Burnett also asked how taxes would be affected? A. St. Clair stated his would not be changed due to Proposal A. When the railroad builds on their land, the land used is taken off the tax rolls and the state sets the values, etc. The excess area stays on the tax roll. Having M-1 zoning in the area won't affect his taxable value as long as he owns it. St Clair also stated that there is no water & sewer in this area and no plans to place it there.

Mauer asked if we could guarantee that an industrial park would not happen in the area? No

Chris Stover 6545 Billwood asked about road closings. Billwood and Davis will stay open while Guinea will be abandoned north of Davis to Millett in Delta Charter Township. He asked about the salt storage building owned by the state. They are working with the state on this one. The state is not sure if they still need the building. If they do need it and the railroad needs it they will either move the building for them or build a new one. Stover asked about modular home near the highway. It is already gone. He asked about rumors for a new exit ramp on I-69. No knowledge of this at this time. Stover verified that the request would put him contingent to M-1 on Nixon Road. Yes

S. Burnett asked what is next and what is the timing? Malone reported that they would be moving the rest of the homes and relocating them as they see them as liabilities and hazards. The best part of 2001 will be to do engineering for the project. They will start physical construction the end of 2001 or spring 2002. Burnett asked about wells and septic tanks for removed homes. The wells have been capped according to state and county guidelines and Earthlec from Grand Rapids will be finishing up septic tanks and wells.

Joan Feldpausch 6908 Nixon asked when the commission would be making a decision. Slee reported that they would be discussing this again tonight in the regular portion of the meeting and some type of decision to either table, do a portion, deny or grant all would be made. Slucter stated to remember that this group is only a recommending one and that the township board has the final say. Feldpausch stated that she thinks one needs a plan before making a decision.

St. Clair stated that the railroad is coming so we need to find the best way to protect environment for all

Robinson stated that they do not need the A-1 zoning for the placement of tracks. The property surrounding this area is going to be impacted by the GM plant. He stated that the planning commission needs to take a strong look at the master plan and how GM impacts us because they are a reality and are here.

Dan Creyts 7775 Davis Hwy stated that since GM bought their farm he has learned a lot in the past year. He feels the township has some bargaining power over the railroad as they did with GM in regards to land kept, berming, farming, etc. The commission needs to take their time to preserve what they can, take time to study and do what is right. Build things in for protection before signing anything. Explore all the options to protect but understand there is some urgency in the matter.

Melinda Hamilton stated if they can build tracks on A-1 then please do not rezone the rest.

G. Burnett stated that the township has the bargaining powers not the neighbors and they need to do it for the residents.

Ted Feldpausch 6908 Nixon showed on the map that they do not own a stretch they are showing. He presented a copy of a rezoning request from 1967 that is for A-1 to M- 1, now owned by Terry Hanks, which has never developed due to lack of sewer and water. He stated the railroad has imminent domain so only give them the areas needed. He stated that he received a letter saying they have rio more money so why did they buy so much to begin with?

Robinson replied to the question if rezonings can have conditions on them? No. Rezonings cannot be contingent on conditions but SUP can have conditions as well as site plans.

Martinez stated that presently the land use plan shows this land as A-1 and these uses to do not conform. We need to review the plan first and with the railroad coming these reflects the concerns of the planning commission. They need to start m that area and move on because if all the land is rezoned A-1 it would be non-conforming to the plan.

Public hearing closed at 8:21 PM.

PETER SCHULTZ REZONING REQUEST:

This property is located at 5859 1/2 Michigan Road and has been used as an auto body and roofing company. It is currently empty. The request is to change from B-1 to A-1 for the purpose of operating a transmission shop. They wish to move their business from Delhi Charter Township to this location. They do 65 % wholesale and 35% retail.

Martinez asked why he chose to request M-1 instead of B-2? St. Clair explained that they had reviewed the ordinance and nothing could be found to place it in B-2. The property is contiguous to A-1 with Poured Walls and Elite. The principle use would be for repairs and the zoning ordinance is lacking in this area.

Robinson referred to page 77 with a SUP but that is only close to the proposed use. The other option would be to go to Board of Appeals and have them classify the use and then do B-2. This would be expensive and many steps.

Kyler and Slucter both questioned if this service is part of truck service station or where to put legally.

Schultz stated that they need to update the building with water and septic and he has been in touch with the health department and has the plans they require. It will be a mound septic system.

Public Hearing closed at 8:31 PM

REGULAR MEETING:

Slee called regular meeting to order.

CANADIAN NATIONAL REZONING REQUEST:

Blair read the recommendation from AGS, which was to only rezone the portion currently needed by the railroad.

Foulds stated that there are two key parts, which are, revise the master plan and look to the future seriously. An industrial park is more comfortable but nothing at this time for that. The balance of the land is undefined after the tracks are built. That is why they recommend rezoning for the railroad and table the remaining and work with owners and revise the plan.

Blair asked if we could rezone what we don't know? Tracks no Necessary buildings? Yes

Robinson stated that the problem is that if recommend rezoning less than the full amount you need a description of the portion that is to be rezoned. For M-1 you need to know ingress and egress. He restated that the township board needs a legal description for whatever is rezoned and suggests that the plan be reviewed immediately. Not knowing how the balance of the land is to be developed not sure the township board has enough information for the entire area. Application could be amended now and then return with the balance later.

Blair reported that a committee is reviewing the master plan at this time.

Martinez asked if they are probably telling us to ask for a modification the application? Malone stated that the application in front of the board is the one they want the PC to consider. They hope for all so they have maximum flexibility to serve GM. To only accept a portion takes away the flexibility and the surplus land will be to serve GM.

Slucter stated that since they own and have the right to build tracks on A-1 land how is their flexibility being affected since construction would not start until next year? Robinson stated they could build tracks in any zone so rezoning is not affecting flexibility. Malone stated that he does not believe that this will stay A-1 land.

Martinez stated that they do not need the rezoning to build the railroad and we need to get a feel of the area for industrial growth. Malone said they are in the land sale business. Martinez repeated again he believes that someone must know this information on how much land they need.

Slee asked for a motion to rezone the entire portion. None coming

Slucter moved and Martinez seconded to table the rezoning request from Canadian National Railroad until the master plan is reviewed and then revisit their rezoning request. Carried unanimously.

Robinson asked how do you review the plan? Martinez stated that they have been told you do not jump all over and we must rezone consistent with our plan. Kyler asked about a time]ine for the plan review. They think they could be done in 2 months or less as they have already done quite a bit.

Martinez stated that the commission is not set on anything and they have concerns. They know that these changes are here to stay and we need to do good growth planning and do it right. There have been many changes in the past couple of months.

Blair repeated that the railroad is not being stopped by this delay and they can do as they want to with planning for tracks, etc.

Martinez asked if they are planning now? Yes

Malone asked when they would be ready to act on the application? Slee reported he is not sure, as there will be processes to be followed for plan changes.

Five Minute recess was taken at 9:00 PM

SCHULTZ REZONING REQUEST:

Blair stated that there is M-1 zoning contiguous to this parcel with Lansing Poured Walls and Elite.

Blair read the AGS recommendation, which was to deny the rezoning and try to place it in B-2.

Foulds reported that they were looking for options and had no additional comments.

Slucter stated that there is a problem over there and if deny we will have problems as before as M-1 is already there and contiguous. There is a fault in the ordinance and we need to avoid making this applicant run through many stages.

Kyler stated that this is contiguous to M-1 and off the road and agrees that since ordinance is missing this we should not make applicant go through the hoops.

Martinez moved and Slucter seconded to recommend to the township board to rezone the property at 5859 1/2 Michigan Road from B-1 to M-1 for the following reasons: A-1 zoning is already there and the errors in the zoning ordinance. Carried unanimously.

Martinez stated that we need to make sure that this error is corrected in the B-2 zoning in the near future.

With no further business Martinez moved and Blair seconded to adjourn the meeting. Carried unanimously. Adjourned at 9:17 PM.

Linda Towsley, Clerk