WINDSOR CHARTER TOWNSHIP PLANNING COMMISSION
REGULAR MEETING - JULY 9, 2003
MEETING ROOM - 7:00 P.M.
Public Hearing for Chris Stover Special Use Permit was called to order by Chairperson Inge Kyler.
Present: Kyler, Martinez, Blair, Hall, Burnett, Marsh, Kubicek
Mr. Stover wishes to mine approximately 325,000 sq. yards of sand and gravel on a 22-23 acre site. The pond that would remain would be around 12 acres. In the past when they have mined on site they have had water level monitors and there are still some on the property. This is to protect them in case someone develops water problems during the project. They see this as a 3-5 year project. Kyler read the recap from the June meeting minutes.
There was a Special Use Permit on this property in 1997, which was not used and was cancelled.
Marc Love 10222 Lafayette asked if the DNR has been involved and what the backup plan was. Stover replied that they are planning to take sand from the site and will pull the water out. They are talking to DNR. They do not see any problems as there was a 15-acre lake formed from mining in 1990-1991. In the past they have hired a hydro specialist and they do not see any affects from ponds. Actually the pond keeps the water in the area and becomes part of the water table.
Kyler asked about conditions on the SUP?
Blair stated that the ordinance requires a financial guarantee to the township to guarantee restoration upon completion of the project. Stover stated that they would also need to bond some roads with the ECRC. There are safeguards in the zoning ordinance.
Marsh asked how deep they planned to go? 18-25' max depth How round: probably 600' by 800'. The existing lake is 900' by 1200' with 25-29' deep. To go much deeper is very expensive.
Burnett asked if mining wet or dry? Plan to pump into the existing two ponds and just low enough to get to the sand. The water will be re-circulated. Stover stated they would reclaim the land and have safe slopes around the pond when the project is completed.
Stover also stated that Lake Interstate, which is 60' deep, did not have an impact on water tables.
Lydia Miller 10207 Lafayette asked about the monitoring wells that are on site. They are capped and there are 4 still left and they probably will place 2 more on site.
Hall asked about dust control? They will chloride the roads as needed on Nixon and pit road. How will keep the public out? Fencing across Nixon (front) and south side has a natural barrier of trees. The west is the existing lake and to the north is a large drainage ditch with only one culvert. Stover owns to the north. They do a lot of self-policing and they can see the site from their deck.
In the future they can add a locked gate and fence rather than just wire. Maybe a double swing gate.
Hall asked if any lights? No
Marc Love 10222 Lafayette asked if this would be open to the public? No only to guests of the Stover's. Mr. Love then stated that you want us to approve your own recreation area and you can affect our water now or in the future?
Stover stated that the pond acts like a reservoir and keeps the water from going downstream. It is not open to the public for liability reasons.
Kathleen Keister 7417 Noel asked if not open to public meant memberships or private? Private
This is in an Agricultural zoning and the Special Use Permit sets controls.
Public Hearing closed at 7:29 PM
STEVENS REZONING PUBLIC HEARING:
Kyler read the application and June minutes in regards to this request. It is 4.2 acres that Mr. Stevens has option to purchase on and he wishes the zoning to be changed from RIB to B-1.
Patrick Stevens stated that there are 8 RE's on the lot and the township is loosing money and he is picking this up. With the sewer and land cost it will cost more than any lot in the subdivision. Due to Flood Plain there is only one building site near Del's. This lot is not usable for residential due to the cost. The commercial is already there with carpet sales and his marina of 35 years. Long term plans are to build a sea wall and remove some of the vegetation. Mr. Stevens continued that he tried to purchase this land from Don Millisor years ago but it fell through. Then Mr. Millisor walked away and left the bill for the sewers. It will be well used for recreational but not racing boats. His son is now the general manager and Mr. Stevens wishes to go to the next step. If they build on the land it will be back to the planning commission for review.
Richard Wolf 10159 Burgundy Blvd stated that he understood that the sewer assessment had been forgiven. Mr. Stevens asked the Clerk and she stated not to her knowledge. Mr. Wolf asked why he could not find a better location for the cost? There is not any place along the river until you get near the boat club. Mr. Wolf asked if wanted to be on the water? Yes. Mr. Stevens went on to say that DNR has been holding him up to repair the wall in front of the marina. He stated that he now has the time and the money. His vision of this land would be for docks, breakwall and some storage.
Vicki Mulder 7215 Saratoga read a statement about how this growth is not pleasant to the residents of Grand Pointe Subdivision and Creyts Road, many of whom are here tonight. The neighbors would like to maintain and enjoy their area. She shared pictures of the river area. She stated that the marina sea wall is decaying and it has never been repaired while she has lived there. There are boats all over and not attractive. She presented a petition signed by many of the residents of the subdivision and Creyts Road with only one that refused to sign. She continued that they are in unity against this rezoning and do not want any more commercial in their backyard. The trees hide the highway but they can hear the loudspeakers and there are lights and pavement and they do not wish any more. It would destroy the wildlife in the area and drop their property values and quality of life. She concluded that one side is enough and we don't need both sides commercial - leave it the same as it is.
Pat Stevens responded that he is getting the DNR permits for fixing the broken wall. He continued to state that financially he could not repair it until now as spending approximately $100,000 in materials alone. Look at the stakes - Del is using other people's property for a driveway. It is nice to use other people's land but if you are upset with commercial don't take it out on me. We are doing things properly.
Marc Love 10222 Lafayette stated that the security lights shine into homes.
Kyler responded that a site plan review would be needed for any buildings built.
Del Wagner 7260 Creyts stated that for 40 years nothing was there and he has had permission to use the property for a drive. He states he mows the land and has left the trees. His carpet business has been there for 46 years and his grandfathered in. There is a truck delivery twice a week and he keeps the driveway watered to avoid dust. He only has 1-3 customers at the home a week and no loud speakers and no lights. Few know his business is even there. You can't buy friendship.
Mike Munn 10154 Baron stated that they are not getting even but this is their own backyards. It needs to be left residential and he sees no reason to change it.
Ron Bradford 7240 Saratoga takes offense to being called vindictive and he spends time cleaning the river and finds major packing materials from the marina. We need to protect the interest of all RV users.
Sharon Oliver 10238 Burgundy asked if going to rent slips to help with cost and if so this would create traffic? There is now a blind spot with the new corner and this would create more traffic on the river and the road.
Kathy Bradford 7240 Saratoga stated she is working ferociously to protect the river and we need to respect the environment. This is a critical decision to make and it could devalue the homes.
Richard Robbins 10350 Lafayette stated that Mr. Stevens stated he could not afford new investments so how long before he can afford more?
Melissa Witt 10050 Burgundy stated that they searched for one year for the perfect subdivision and they could have built and does not want to see this happen in their backyard having lived there only a very short time.
Kathleen Keister 7417 Noel stated that she feels that an apology from Mr. Stevens is in order. She stated that 5 years ago she looked at the property to the east of the marina and she was not interested, as was no one else as you purchased it. A fence does not fit into the neighborhood.
Richard Griesinger 10156 Lafayette asked what else could be done there? Anything allowed in a B-1 could be built there but a site plan would have to be reviewed.
Cindy Meyers 10238 Lafayette stated to look at how Mr. Stevens has handled resources in the past. She likes a marina on the river but disturbed as to the condition of it. She wonders why he does not maintain what he has and be a good citizen and make the current property better with his money. This could become another uncared for property and that bothers her.
Elizabeth Wagner 7260 Creyts stated that a man stopped last summer and was interested in putting a house on that site. People are out there just need to find the right ones. Stevens stated that the area is already commercial and Mrs. Wagner stated they are grandfathered in under prior laws and they are phasing out of their business.
Kathleen Keister stated that she has lived there 5 years and she did not know that Mr.
Wagner sold carpet from his home.
Public hearing closed at 8:08 PM
Regular meeting was called to order at 8:09 PM.
No public comments.
Five-minute recess was taken.
Meeting was reconvened at 8:12 PM.
Minutes of the previous meeting were approved as amended.
Blair gave report from Township Board.
Kubicek gave report from Board of Appeals.
Hall gave report from county training class he took.
STOVER SPECIAL USE PERMIT:
Kyler stated that we are at a handicap without the consultant and his report.
Blair stated that we need to see the recommendation. Blair moved and Martinez seconded to table the SUP request from Stover until the planner can be present. Carried 6-1.
Stover and Mr. Ocenasek stated that time is of a concern and they can not see a problem with sending it on to the township board as they have the final say.
Martinez stated that we have a process and it is across the board for all. Mr. Ocenasek stated that there is state law for holding up an application and to wait will make it harder to work on the site.
Stover asked if they could not approve the SUP pending CPS' report? They will set a special meeting hopefully for next week when Mr. Foulds can be there and before township board meeting. Clerk will let everyone know the date of the special meeting.
STEVENS REZONING REQUEST:
Blair moved and Martinez seconded to table the Steven's rezoning request until the special meeting. Carried unanimously.
ARBY'S SITE PLAN REVIEW:
Dan Fleming 1110 Hawks Rd, Grand Ledge was present and presented the revised site plan for Arby's in Westland Park. The drive has been moved to line up with the curb cut done for Wendy's per the ECRC requirement.
They have not heard back from Dave Wilcox of the Drain Commissioner's office. Mr. Fleming stated that he and Jeff Rowe would be partners in this project. They are already zoned correctly and have met the landscape requirements. Water and sewer will be coming from Delta Township and the application has been submitted to them.
Hall asked the height of the building? 21' and pictures were shared as to how the building will look. It will be like the new one on West Saginaw in Delta Township. They will be open 10 AM to 11 PM, 7 days a week and only closed 3 days per year. The only approval they have is from ECRC but applications are in to the health department and other agencies. No high rise sign to be seen from the highway.
Martinez stated that he does not have any major concerns but would like to look at CPS's report.
Hall stated that he is confident in the site plan as they do many of them around the country. He stated that it looks good.
Martinez stated that he agrees with Hall's comments and feels that this is a good quality group. We will need to have signed letters of approval and confirm data given so there will not be any problems in the future.
Martinez moved and Burnett seconded to give preliminary site plan approval pending any minor issues that the planner has found in his final comments. Carried unanimously.
Fleming asked if final site plan could be given at the next meeting? Yes, at the special meeting.
AMERIHOST HOTEL SITE PLAN REVIEW:
Jamerson Ries of Kebs Inc was present to answer any questions. They have one and half lots and the lot splits and variances have been approved. It will be a 3-story building plus parking. Water & sewer will be provided by Delta Township and the problems there have been resolved. They are waiting for soil erosion permit, health department and road commission reports.
Mr. Ries stated that Amerihost are out of Arlington Heights Illinois. They build, own and run their hotels and they have 10 in Michigan. There is one in Dewitt.
Hall asked about signage? He does not have it but probably on the building and small one on the property. They will be located next to the Harley building.
Mr. Ries stated that they will be on two zonings but this is not a problem as both allow hotels. The back of the building will face Lansing Road and there are trees along the road.
Blair moved and Martinez seconded to set the Public Hearing for the Amerihost Hotel Special Use Permit for August 13, 2003 at 7:00 P.M. Carried unanimously.
Martinez moved and Marsh seconded to grant preliminary site plan review to Amerihost Hotel pending the Special Use Permit and consultant's report. Carried unanimously.
There were no zoning ordinance changes from the planner to review.
Hall gave report from the village planning commission meeting.
Hall reminded the commission that we need to look at split zonings on one site in the townships.
Discussed separation of township board members and planning commissioners.
With no further business Martinez moved and Kubicek seconded to adjourn the meeting. Carried unanimously. Adjourned at 9:28 PM
Linda Towsley, Clerk