WINDSOR CHARTER TOWNSHIP PLANNING COMMISSION

SPECIAL MEETING - JULY 14, 2003

MEETING ROOM - 7:00 P.M.

 

 

Special meeting was called to order by Vice Chairperson Arnoldo Martinez.

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

Absent: Kyler

Also present: Jim Foulds, CPS

 

ARBY'S SITE PLAN REVIEW:

 

Dan Fleming 1110 Hawks Ridge Grand Ledge was present. They feel that the sign is under the 100 square feet allowed in the ordinance and they will look for a spot further back on the property to meet the 40' setback.

 

Martinez stated that in reviewing the planner's report all requirements have been met. 

 

Foulds reported that he could not see any other problems.

 

No comments from the members of the planning commission.

 

Hall moved and Marsh seconded to give final site plan review to Arby's with the condition that they will meet the sign ordinance.  Carried unanimously.

 

Burnett moved and Blair seconded to remove the Stover SUP and Steven rezoning from off the table.  Carried unanimously.

 

STOVER SPECIAL USE PERMIT:

 

Foulds reported that this site is in agricultural zoning and they could meet the requirements of 8.6.3(7) in the zoning ordinance for mining.  They need a final site plan with all agency approvals and compliance with the different agency requirements.

 

Blair read from the June minutes.

 

Martinez asked if prior conditions were met? They are not excessive.

 

Hall asked about reclamation of the land?  They will slope the areas along and below the water for safety.

 

Martinez asked if this for aesthetic look? Yes and for safety

 

Hall asked about fencing the entire area?  Stover stated they would do the whole area but fences get in the way.  They could fence the site or the larger area surrounding it. They are going to be mining next to the driveway.  They could add another gate.  A gate across the front would give security.  There is a 10' ditch with only one culvert on one side and the south is a natural windbreak and the east is the road and the west is next to the lake.

 

Foulds read from ordinance that it states the area being worked needs to be fenced.

 

Blair shared that the previous SUP stated entire site or area being worked should be fenced.  It was up to the owner whichever worked best for the project.

 

Martinez restated that the project is 100' plus from Nixon Rd and would create a 12 1/2 acre pond with maximum depth of 35'.  Yes

 

Stover clarified that the site is 23 acres in total.  The intent is to remove the sand and the end result would be the lake.

 

Hall asked if any outside materials would be brought in for fill?  No unless for the roads.  One temporary building for storage. Stover stated that there would not be any lights or audio.

 

Discussed replacing the 5' barb wire with locked gate at the main entrance and that would be locked when not on site to avoid problems, like the dirt bikes using the land.

 

Martinez asked about the monitoring wells?  There are 4 still on site from prior projects and none from Billwood project. They will add two more.

 

Hall asked about the size of pipes and how they work?  2' pipe 30-40' deep and 2-3' above ground/capped.  They can put a pipe in and mark where the water levels are. Take the first readings prior to the project starting.  Readings in the past were turned in monthly to township office.

 

Mr. Ocenasek that they would work in water 10' down and would be doing it in a couple of tiers. They bale the water.

 

Martinez stated that the 15-acre lake did not create a water problem in the area when it was done.

 

Hall asked about the Saturday hours?  They would like to do 6:30 AM to 2:30 PM.

 

Martinez read the planner's recommendation.

 

Burnett moved and Marsh seconded to recommend to the township board to grant the Stover Special Use Permit with the requirements of zoning ordinance 8.6.3(7) and conditions of CPS's report and a $10000 performance bond.  Carried unanimously.

 

STEVEN'S REZONING REQUEST:

 

Jim Foulds reported that this is a 4.2-acre parcel with RIB zoning and they are requesting that it be changed to B-1.  The master plan shows this at suburban residential and it abuts residential. The current zoning is okay.  He stated he could not see any changes in conditions since the plan was adopted.  He read from the Purpose and Intent of B-1 that they are for convenience shopping and services.  He read the recommendation from his report that was to deny the rezoning for the following reasons:  (1) Not keeping with the plan which identifies it as residential as is the immediate area  (2) Expansion of non residential on this site is not keeping with the existing and future residential land use for immediate area  (3) This would allow any B-1 use to come onto this site and could potentially have an adverse impact on existing residential and introduce additional traffic and activity in an area which is predominantly residential.  He also read the list of all things allowed in B-1 zoning.

 

Blair shared that in 1985 rezoning this site was denied for the same reasons that Mr. Fould's has listed.

 

Martinez stated that Thomas Rasmusson, representing Mr. Stevens, had handed the members a packet this evening.  Mr. Rasmusson stated that he has not had time to review the report from CPS.

 

Mr. Rasmusson stated that the adjacent land is used for carpet sales and there is boat storage there now and landings. With the wetlands and flood plain there is little space to build per his diagram he shared with the commission.

 

He continued that any buildings would be like the carports in his packet and there would not be any lighting. But if there would be it would be not glare and he shared a picture.  Along the shore line DEQ and the Army Corp of Engineers would control.  This board needs to make a wise decision or in court. There will not be any semis as there are now in the area.

 

He stated that who is going to build with 8 RE's - no house would be built there. The only use is what Mr. Stevens plans to do and that is boat storage that is happening now.  The land is limited to this and Mr. Steven's plans are better than the current use.  This commission should grant the rezoning and the site plan would control the use.

 

Martinez stated that at last week's meeting Mr. Stevens was not clear on what he was going to do to the land.  Mr. Rasmusson stated that he was vague to me also and he finally stated that the use was for boat storage and he was not going to have sales on two sides of the river. 

 

Martinez asked if Mr. Stevens has title to this property?  No he has option to buy only so no legal title.

 

Blair stated that rezoning this to B-1 allows any use of B-1 to come in if what Mr. Steven's proposes does not happen.  He also stated that there is a market for the RE's in the township so they could be sold.  Mr. Stevens stated that he had a sewer problem and if he does he should come to the sewer board meeting on July 17^th.  The current marina and traffic and esthetics are not relevant tonight.

 

Hall moved and Marsh seconded to recommend to the township board to deny the rezoning request from Patrick Stevens, Creyts Road for the reasons stated in the CPS report.  Carried unanimously.

 

With no further agenda items Blair moved and Burnett seconded to adjourn the meeting. Carried unanimously.  Adjourned at 7:45 PM

 

 

                                                            Linda Towsley, Clerk