WINDSOR CHARTER TOWNSHIP PLANNING COMMISSION

REGULAR MEETING - JUNE 11, 2003

MEETING ROOM - 7:00 P.M.

 

 

Meeting was called to order by Chairperson Inge Kyler.

Present: Kyler, Martinez, Blair, Hall, Kubicek, Marsh

Absent: Burnett

Also present: Jim Foulds and Vern Fountain from CPS, Ralph Reznick, Dimondale Village Planning Commission

 

CAREM LLC REZONING PUBLIC HEARING:

The public hearing for Carem Equities LLC was called to order.  This is to rezone from B-1 to B-2 at 6791 Lansing Road.  Chad Covell was present and explained that he wishes to build a new office and self-storage buildings.

 

By changing the zoning to B-2 Mr. Covell explained that his modular home sales would also now be conforming to zoning ordinance changes. He understands that he will also need to get a Special Use Permit for the storage buildings. 

 

Hall asked for exact location on the map and asked acreage, which is 4.2 acres.

 

There were no public comments.

 

Foulds reported that this is within the master plan and he understands the need for a SUP in the future.

 

Don Ellison 6518 Lansing Rd. expressed concerns over a new business being added in the area and that major planning needs to be done on Lansing Rd for additional traffic.  He stated that turn lanes need to be addressed and MDOT has major concerns on crossovers.

 

Public hearing closed at 7:08 PM.

 

COUNTRY CREEK REZONING PUBLIC HEARING:

Tommy Smith of 7181 Williams Rd, representing Mt Olive Baptist Church, stated that they wish to buy the hall and use it for their church.  They are asking for the zoning to be changed from B-1 to B-2.  He stated that the current owners and their pastor and other members were present tonight.

 

Clerk reported that the use information on the back page of application was for the banquet hall not the church. 

 

They are currently located at 3015 S Washington and have outgrown their building there.

 

No public comments.

 

Foulds stated that the plan shows for non-residential in the area and that the B-2 zoning is appropriate for churches.  They will need to do a site plan review for parking and public safety.

 

Public hearing closed at 7:11 PM.

 

ANGST REZONING REQUEST PUBLIC HEARING:

Leroy Angst was present and explained that he is trying to get something going on his land off of Strobel Lane.  He is requesting that Parcel D be rezoned from B-1 to RIM and Parcels A & B be rezoned from RIC to RIM.  He shared a drawing of the locations of the buildings and the 4 wells.  There will be duplexes and townhouses of 1 or 2 bedrooms.  The first phase will include the office and 43 buildings.  The lake will have walkouts or look out units.

 

He also stated that the price will be down to sell and he has a firm prepared to manage the area (Mid West Management Co).

 

Hall asked if this type of project would help or hinder to get the other lots, which are stalemated, going. Angst feels it will help.

 

Kyler asked which lot had the house on it and when was it built?  Lot 3 and was built over 2 years ago.

 

Don Ellison 6518 Lansing Road asked to look at the drawing.

 

Martinez asked about the price of the units. They will be from $90000 to 140000 and he has a copartner. 

 

Ellison expressed concerns over the use of Lansing Rd off of Strobel and the upgrades that will be required for this project by MDOT.  It will add traffic volumes. Ellison stated that he is developing a housing project to the east along that line and they will be 1 1/2 to 2 acre lots with homes in the $500,000 range. This will drag his property values down.  There is also a lot next to Angst that they own that is zoned Industrial.  He continued about the water study and the problems with water in that area. 

 

Angst stated that waster is okay with this density and the test range was ok. He does have a documented study but not with him tonight.  He also stated that he has sufficient hook ups for sewers. The health department will have to give the approval for water not township.

 

Blair stated that sufficient sewer hook ups does not guarantee adequate water supply.  Blair asked Ellison about the MDOT.  He stated that 2-year engineering study about the highway problems and it is a 3-6 month plan for access.

 

Angst stated that all drives would go onto Strobel and then Lansing Rd.

 

Gary Rutherford 6125 Brooks Landing stated that he owns the property across the street and he plans to move his dealership out there at some point.  He will need to spend a minimum of $300,000 to fix Lansing Rd to MDOT specifications.  He stated concern as the exit off I-69 is just to the west and the large trucks and merging traffic that go along there.  He asked about the other 3 homes in that area?  They are not part of Angst projects; he only has one home built.  Rutherford continued to state that townhouses bring the wrong type of people.  He also stated that commercial is the plan for along Lansing Rd with one egress and ingress.

 

Angst stated that residential is already there and the same density.  He also stated that there are no answers here tonight about the water and his location is better off for water than Ellison.  He stated that he talked to Art about roads and he had no concerns.

 

Ellison stated that Art has no say about roads and the county would deal with Strobel and MDOT Lansing Rd.

 

Angst stated that he has approval for 53-acre plat and this will be a top notched project geared to empty nesters.  Area D will have 1-2 bedrooms and B larger homes.  He has had a hard time getting this project off the ground and this is a good way to blend in to different types of homes.  This will be a class act.

 

Kyler asked about the lake?  It is 35' deep and stocked.  Will be a park area that one could use a canoe, paddle or rowboat on.  It will be owned by the association.

 

Marsh stated that the density is different, as you could not put 43 single family homes on 6 acres. 

 

Angst stated that he has the same number of sewers for the same number of people for the entire project.

 

Martinez stated that is aware of the traffic concerns and would like to see documents about the water concerns.  Angst stated that one of his roads would connect with one in Jacaranda and go to Canal.

 

Terry Baker, designer of project from Kater Engineering, stated that the ECRC did the layout to the east line and they have density of 100 homes for 53 acres.  This is like cluster zoning where the homes are more dense per acre.  The lake VS housing and this would be graduated type of homes from commercial to multiple to single family.

 

Foulds stated that additional information has been presented tonight but multiple is non-conforming to the master plan.  The applicant could perhaps get different zoning as once you place RIM it is there to stay. 

 

After looking at the master plan map it was determined that this land is in the suburban not agricultural residential and therefore the density range does fit and is supported.  Traffic and water and drainage would be addressed during the site plan review.

 

Hall stated that most of the concerns he is hearing tonight deal with issues that are part of the site plan review.

 

Kyler read the definition of suburban and Foulds stated that this would not be inconsistent.

 

Jim Fish of Lansing stated that there would not be a road connecting to their development as the stub is at a home. So there will not be an exit to Canal. He also is concerned about the water as their wells are at a minimum of 450' deep. Will this cause a future problem?  Property to the east is M-1 - what will the buffers be?

 

Hall stated that we have a Landscape/Buffer Ordinance and that would be covered at site plan review.

 

Closed hearing at 7:52 PM

 

Kyler called the regular meeting to order.

 

No public comments.

 

Minutes approved as amended.

 

Blair gave report from Township Board.

 

Kubicek gave report from Board of Appeals.

 

Hall gave report from Village Planning Commission and stated he will report on his training class at the next meeting.

 

HARRINGTON REZONING REQUEST:

Marsh moved and Blair seconded to untable the Harrington rezoning request.  Carried unanimously.

 

Kyler stated that this is for the remaining 2.86 acres at the NW corner of Vermontville and Michigan Rd. The eastern portion is already rezoned B-1.  He is asking for the remainder to be rezoned B-2 for lawn mower and related sales.

 

Harrington stated that the corner has been commercial in the past with fuel sales and hardware store.  It is not farm ground and it would take 3 sump pumps to put a home there.

 

Kern Slucter 6635 Creyts Rd stated that he is a former planning commission member and here tonight as a resident.  He was on the master plan committee and they discussed the M-99 corridor in length and he would encourage the commission to grant this rezoning.  This land is part of another commercial zoning with same ownership and he does not know Mr. Harrington but he feels that property rights are important.

 

Marsh stated that this is the only logical use of the land as it is not good for housing or farming. There is also a pond on the site.

 

Hall shared a photo of the area.  It is complicated, as this is one piece of land with 2 zonings and should not be. It should be the same zoning.

 

Kubicek restated the former uses of commercial and stated that to the south is marsh and farm.

 

Marsh stated that Harrington is paying taxes on the land and needs to be able to use it.

 

Harrington stated that the "new" plan took away his use of the land and that is a taking.

 

Blair stated that it is one parcel and it should have been all rezoned before.  This is a unique situation.  He asked Foulds if it is possible to have two zonings?

 

Foulds stated that he advises that the changes should be consistent with the plan and that it is not unusual for a parcel to have 2 zonings.  There is no easy way out and the world won't end but in the future it could be a problem.  If you do choose to rezone it you need to revisit other parcels like this and correct any errors, if they exist.  Will it set a trend for the area?  If want this area to be commercial perhaps the commission needs to hold a public hearing and change the master plan.

 

Martinez asked if we should have our consultant meet with township attorney and discuss what direction the commission should take.

 

Hall stated that if we change to B-2 it would still have 2 different zonings. Foulds stated that it is not a problem.  Hall also stated that the old plan showed that area, as Agricultural so no changes this year.

 

Martinez stated that many hours were taken to do the plan and every time we have a problem to we make an exception?

 

Martinez moved to table the Harrington rezoning request so that a discussion could take place between township attorney and planners to give us direction.  No second so the motion died.

 

Marsh stated that the government is taking the uses of taxpayers and that is not good for the community.

 

Blair moved and Marsh seconded to recommend to the township board to rezone the 2.86 acres of Leonard Harrington from A-1 to B-2 for the following reason: One parcel with two different types of zoning and this will make it proper and in line.  Also that we review the plan in regards to other parcels to make sure this is not a problem elsewhere.

Carried 4-2 (Nays: Martinez & Hall)

 

Hall restated that we would review areas later? Yes parcel by parcel? Yes In that area the SLDC and Vet clinic are under SUP.  He asked the chair how she voted and why?

 

Kyler replied she voted aye because the two zonings should not have been done and we will look at other parcels in the area.

 

CAREM EQUITIES LLC REZONING:

This is to rezone from B-1 to B-2 at 6791 Lansing Rd. 

 

No discussion held.

 

Martinez moved and Kubicek seconded to recommend to the township board to rezone 6791 Lansing Rd from B-1 to B-2.  Carried unanimously.

 

COUNTRY CREEK REZONING:

This is rezone from B-1 to B-2 at 5859 Michigan Rd.

 

No discussion held.

 

Marsh moved and Martinez seconded to recommend to the township board to rezone 5859 Michigan Rd from B-1 to B-2.  Carried unanimously.

 

ANGST REZONING REQUEST:

This is to rezone 3 parcels along Strobel Rd from B-1 and RIC to RIM.

 

Martinez expressed concern over the traffic coming onto Lansing Road and feels it will need a traffic study to avoid congestion and for safety.

 

Blair stated that they have the sewer RE's and he has a plat for 56 lots.  Parcels A/B/D are

additional.   The concerns of MDOT, ECRC, Health department are not ours to decide and they will need proper approvals for site plans to be approved.

 

Kubicek stated that he rents his office space from Mr. Angst and asked if he should be excused?  No as he has no financial gain from the outcome of this vote.

 

Hall restated that traffic and utilities are not for the township to decide.

 

Hall moved and Blair seconded to recommend to the township board that all 3 requests for rezoning be approved. (B-1 to RIM for Parcel D/RIC to RIM for Parcels A&B) Carried unanimously.

 

Discussion prior to the vote: Kyler stated that it is now commercial in suburban residential plan. Also if townhouses and duplexes are not built what else can go in there in the future.

 

Martinez concerned over traffic but site plan review makes him more comfortable.

 

NORTHERN CONCRETE SITE PLAN REVIEW:

Bob Washabaugh from NCP presented a proposed site plan with measurements. They are looking to make some changes to more functional and have a better flow of the workspace.  They are working with MSU and the building fits county codes and is one story.

 

Fountain stated that the site plan page should be given to NCP.

 

They will get the plans drawn up and to the township for review by consultant.

 

Five-minute recess was taken at 8:55 PM.

 

Meeting was reconvened at 9:00 PM

 

STOVER SPECIAL USE PERMIT REQUEST:

Chris Stover was present with representatives from Ocenasek, Inc, who will be doing the project.  They wish to excavate 22-23 acres for 325,000 cubic yards of sand and gravel, which will leave about a 12-acre pond.  The depth of the pond will depend on the amount of sand they find.

 

Ocenasek operates the pond on M-100 and they have a clean operation. 

 

Martinez asked what he would do with the pond?  Use it for family recreation like fishing, swimming and small boats.  He still sells Christmas trees and pumpkins.  There is a demand for the sand and gravel.

 

Martinez asked about monitoring wells? They are still there and he will use them to protect himself if someone's well goes dry.

 

Stover stated that McLeod has started pumping to grow sod and there is no shortage of water in the area. The mining will probably go 25' as deeper is more expensive and this would be a 3-5 year project.  They operate from 6:30 AM to 6 PM but trucks not in until 7 AM and no Sundays unless there is an emergency.  None in 12 years yet.

 

Martinez asked about the route: Nixon to Billwood to Guinea probably and they will bond the roads.

 

They stated they would not have any buildings except maybe an 8x8-storage shed with grader and front loaders on site.  They will haul max of 3000 yds. per day.  Trucks will be trains when possible. Winter work depends upon the weather.  They would like to start right away.

 

Martinez asked how close to Nixon Rd?  100-150' minimum

There is a natural fencerow.

 

Martinez moved and Kubicek seconded to set the public hearing for Stover Special Use Permit for July 9, 2003 at 7:00 PM. Carried unanimously.

 

STEVENS REZONING REQUEST:

This is a request to rezone property located at Creyts Rd and north of the river from RIB to B-1.

 

Mr. Stevens, the prospective buyer, stated that he would like to purchase this parcel across from his marina.  The current owners bought it for taxes and it has 8 Sewer RE's on it although there is only one building site.  Much of the land is in the flood plain and you can not build there.  It would be a very expensive lot for one home.  Grand Pointe homes are located to the north and in the $100-300,000 range.  Del Wagner has a carpet business contiguous to this parcel.  Stevens stated he has operated the marina there for over 35 years.  It is a recreational area and he would keep it that way.  It takes time and permits and money to develop.

 

If he gets the rezoning it will be a long process with DNR to get a breakwall and other permits.  He was told that a copy of the offer is needed in the township office.  He wants to be a good neighbor and will keep the area clean. This is the next logical expansion for them. This land would be used for docks and not a storage building.  It will be partially paved and he needs the correct zoning to do this.  He also lives in that area.

 

Blair moved and Martinez seconded to set the public hearing for the Stevens rezoning request for July 9, 2003 at 7:00 PM.  Carried unanimously.

 

CELL TOWER CHANGE:

Copy of cell tower change for administrative approvals was presented. Will be reviewed in the future.

 

CIVIL INFRACTIONS:

Martinez shared several ordinances for review by the members.

 

With no further business Martinez moved and Kubicek seconded to adjourn the meeting. Carried unanimously. Adjourned at 9:50 P.M.

 

 

 

                                                                        Linda Towsley, Clerk