WINDSOR CHARTER TOWNSHIP PLANNING COMMISSION

REGULAR MEETING - APRIL 14, 2004

MEETING ROOM - 7:00 P.M.

Public hearing for the Canadian National rezoning request was called to order by Chairperson Arnoldo Martinez.

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

Absent: Marsh

Also present: Jim Foulds and Vern Fountain, CPS

Kevin Duset, Tom Rigley, and John MacGregor were present from the railroad. They are requesting 223.58 acres be rezoned from A-1 to M-1. Their plans are to have a rail spur and distribution area for autos and parts from the GM plant in Delta Township. They bought over 400 acres, as they needed to buy whole parcels. In 2001 they asked to rezone 378 acres but pulled that request.

They can do the rail spur with the zoning that is there but need the change for the distribution center. The master plan was changed in 2002 to coordinate with the GM plant. GM assembly plant is scheduled to open in late 2006.

There is an agreement with ECRC that Oak Highway will close and it is tied to the improvement money to fix Canal and Nixon. This distribution center could serve up to five plants.

There are still a lot of discussions to be held with GM for the final plans. There could be 40% of the cars transported by rail and 60% by truck. Those going by truck would go to Michigan dealers and a different location for rail to go to the East Coast. They are hoping to ship some of the cars from the Grand River plant also.

There are several concepts that are being looked at and final plan is yet to be determined. These concepts could use 20-80 acres. They would be low tech with a large parking lot. There would be +/- 50 rail cars per day. There would be a site plan review as this proposal progresses.

Dave DeNike 7150 Oak Hwy. Asked if they were tax exempt. Rigley responded that they are assessed by the state and do not pay local taxes but state receives the money. Then some will come back to locals in some manor. DeNike asked about their advanced planning since they bought so much. Saying they are conceptual plans, why buy so much if there is no GM contract? Can't believe they would buy all this land if they did not know what was going on.

Duset stated that they have made an investment in serving others. They currently do the Lansing Assembly Plant transport and have high expectations that they will have this contract. They will have many discussions with GM and get their input. GM can change their mind but they believe that they will use CN. They currently have 76 acres for sale that they do not need and as other land becomes surplus it will also go on the market for resale. It is hard to fine-tune what they need to serve GM at this time.

DeNike stated that ECRC has neither plans nor any public input. It appears to be steam rolled and we have the worst roads. You can't even drive on Nixon. The township is not getting anything for what it is giving up. The railroads are not good neighbors. In regard to Oak Hwy being closed there are 9 owners and 8 did not want it but since the railroad had more frontage they won. There is no commitment to fix Nixon. Not hearing the whole story. The land across the street was bought by the state and a lake placed there. Said it would never be sold and now there is a house there. No one is up front or honest. Delta Township is getting everything and Windsor nothing.

Martinez stated that this body listens to the citizens.

DeNike continued that the railroad is no help to us and we need to get something of value to go along with this proposal.

Jim Mauer 7170 Oak Hwy stated that at the first meeting it was stated that there would not be any businesses and now building factories on the land.

Duset stated that he can not speak for others but they are following the process. They have agreed to upgrade Nixon and they would be smaller scale than the GM plant. He repeated that they are following the process. No promises about other buildings but here today for rezoning, not site plans.

Mauer stated that those 70 acres they have for sale are wetland and no one could build on them or a farmer use them.

MacGregor stated that in 2000 they asked for 390 acres to be rezoned and there were concerns over several items and that the comprehensive plan needed to be revisited with the changes to the north. The planning commission at the time was going through the plan section by section. The new plan in 2002 showed this portion as M-1 along the highway where this request is located. They have come back now with the request as the comprehensive plan shows M-1. Selling the 70 acres, as they do not need it. They are keeping their request compatible with the plan use.

Martinez asked if all other property would stay as A-1. Yes, and no intent to change zoning now.

Mauer stated again that this land is useless and won't perk as under water since the two plants have been started.

MacGregor repeated that they had to buy whole parcels and had no idea what GM would do. They were on a waiting game. Oak Hwy goes through the middle of this land and the Railroad would be along the highway so it is best to close it for the rail lines. They will not ask ECRC to close Oak Hwy until they need it.

Mauer asked if there is not a state law that does not allow you to close a road that serves school buses. A question for the ECRC.

The railroad has pledged money for Nixon when they close Oak. There is an agreement but he is not at liberty to discuss. This was signed prior to the Canal Road upgrade.

Ted Feldpausch 6908 Nixon asked the cost of the 70 acres. They are sure not but know that the price has been reduced.

Pat Biergans 7195 Oak Hwy asked again if Windsor Township is getting anything. This will add noise, lights, and diesels to the area. This will have an impact on the area. Asked about berms and why participate?

MacGregor stated that the township would have to do site plan review on the site. This is just for the rezoning and not site plan. In a rezoning you need not have the specific uses.

Chris Cunningham 7484 Oak and Cunninghams 7600 Oak Hwy sold some of their land to the railroad and they are continuing to live in the township. They were not told about the money to the ECRC. She asked with half of Oak gone and only 1 1/2 car widths how will emergencies be handled and how would they all get out?

MacGregor repeated that they would be fixing Nixon north and south of Oak.

Cunningham asked about congestion of railroad. Not multiple trains.

Duset stated they have given financial support for the Canal upgrade and they can not disclose the agreement. They have been good stewards of the property as each year they have cleaned up and demolished every house but one that might be used as a field office. They have a property management company to keep up with the clean-up. They have tried to be more aggressive and have some of the land under Agricultural leases. They have done the wetland studies and have written reports. They have DEQ permits that are under annual rollovers, as they will need to remove several of the ponds. In exchange for this they will be doing a mitigation project along Nixon south of Billwood.

Feldpausch asked if closing Billwood. No, can not.

Judith Haught 7426 Davis stated she is land locked between the railroad and GM. She was told the land behind her would stay agricultural. There would be berms and there would be no changes to Davis Hwy. Site plan review would do buffers.

Public hearing closed at 7:56 PM

Convened the regular meeting.

No public comments.

Minutes of previous meeting were approved as printed.

Blair gave report from Township Board.

Kubicek gave report from Board of Appeals.

Reznik from the Village gave a report on the dam.

Burnett asked if since the railroad is exempt is the distribution center also exempt? Yes, as owned by the railroad. How much will Billwood be closed? There will be a couple of sidetracks below Billwood so the mainline would be as is today. Sewer & water needed? No engineer of the land yet. They would be using small amounts and probably septic and well would be enough. Density of use would be small. Davis Hwy? Some traffic will depend on if railroad gets parts contracts. State of Michigan studies railroad crossings and they determine what is needed. CN will do what ever they require. Will trucks get off I-69 at Potterville and use the back roads? There will be firm instructions on which roads they can use and where to drive. Fifty rail cars equal 100 trucks.

Duset stated that this is a work in progress and all conceptual at this time.

Hall asked if they needed to rezone for the spurs? Not required. There are 22 ponds that can not be touched but the wetlands, woody and marshy areas fall into the mitigation permit of take 1 acre replace with 2 acres. This mitigation area will be a conservation easement and protected with the railroad owning and maintaining.

Martinez stated that before they wanted to rezone 375 acres. No, not now. There is a problem as some speculation and many unknowns. The number of cars to haul will depend on production. He stated that he talked to the real estate agent and he said the land is being sold as commercial. The railroad is not promoting this and it would be up to a buyer to ask for rezoning if they so desired. Repeated that Canal and Oak Hwy and the ECRC are all tied together for negotiations. The emergency issue and traffic issue is part of the site plan review. Duset said that he believes it is 7 acres of wetlands that will become 14 acres but not sure. The closing of Oak Hwy depends on what happens with GM. Railroad will have 40 employees and 20 acres paved. Most of the employees will not be railroad employees. They will be hired by GM as skilled labor/drivers (15 truckers) (5 railroad) The hours of operation will be geared to the assembly plant schedule– mainly days. The railroad is elevated so there would be an embankment but this will depend on the volume. They hope to get an agreement with GM and the Craft Plant.

Hall asked if they would be buying more land? No. Do they have other sites like this one would be if developed? Yes Dearborn Heritage (newer) and Flat Rock (older).

Martinez asked if any repairs on site? No just inspection of the loaded cars for safety.

Kubicek read from zoning ordinance that you can have pass-through railroads in A-1 zoning but not sidings and storage. The M-1 allows by right the sidings and storage, etc.

Hall asked if state law preempts local zoning? No answer given.

Foulds reviewed their report and repeated the major issues prior to a recommendation:

1. In compliance with the plan as approved.

2. Applicant reduced the scope of the area and the change of conditions of the area with GM and State of Michigan. Reasonable for rezoning and planning commission knows the full range of uses if not used by CN, especially if they sell.

3. The owners have been open with the Planning Commission and the planning commission needs to live with full range of uses.

4. Issues tonight in my opinion are site plan review and process with other projects not the rezoning. No site plan review tonight. This is a reasonable approach to development as site plans happen.

Foulds continued to say that he can recommend to the commission to recommend to the township board to approve this rezoning due to changing conditions in the area and the rezoning complies with the plan.

Martinez stated that we could revisit the plan as enabling statues mandate every 5 years or sooner if requested by township board, planning commission or residents, if needed. We need to try to reserve open land but also provide area for developers and preserve the best we can. We are doing this by leaving the balance as A-1.

Rigley stated that in the future they might ask to rezone the part that they left out which is established as a trust. This was done as a courtesy to our neighbors. It is not in the application.

Blair stated that they could ask to rezone in the future.

DeNike asked what happens if the commission does not approve? Can they go on? If turned down by Township Board it could go to circuit court. He has a concern.

Biergans asked if they could ask for more rezoning and go in sections? Yes

Martinez said we need to act on the application before us tonight.

Burnett stated that the review from the consultant was to table until all the issues were heard. Foulds replied that he felt that the concerns were answered tonight and the balance is under site plan.

Hall stated that he is concerned over the closing of Oak Hwy and school buses and emergency vehicles. These are ECRC issues. He also feels that the schools should be included and he would feel more comfortable if he knew the answers to these questions.

Blair moved and Kubicek seconded to recommend to the Township Board to approve this rezoning as requested.

Ayes: Borucki, Blair, Kubicek

Nays: Burnett, Hall, Martinez

Motion defeated due to a 3-3 tie.

Hall moved to form a sub committee and talk to ECRC on safety issues, look at their other sites, report back next month and table for one month until decision on Oak Hwy. Motion died due to no second.

Borucki moved and Kubicek seconded to reconsider the vote on the previous issue. Carried unanimously.

Hall moved and Burnett seconded to table the rezoning until the May 12^th meeting with a subcommittee to look at the safety of residents and obtain information from the ECRC. Carried unanimously.

Burnett stated that they need to look at recommendation of traffic and is one month putting them in Jeopardy? No

A five-minute recess was taken at 9:20 PM.

Reconvened at 9:25 PM.

They are requesting tentative preliminary plat approval. Kubicek asked where it sits in relationship to # 1 and # 2. The 10 acres near the former Littlejohn farm. They are adding to the current subdivision. CPS has not had time to do a formal review. They could have one by the time township board meets and advise if they see any problems.

Borucki moved and Kubicek seconded to recommend to township board that if everything fits the standards in the report to grant the Tentative Preliminary Plat Approval to Jacaranda Estates # 3. Carried unanimously.

DK LAND REZONING:

Dan Kamphuis was present to discuss his request to rezone 10 acres from B-1 to RIM and +/- 28 acres from B-1 to M-1. Hall asked if this is one piece with two zonings? Yes but would most likely have different descriptions when all was said and done. Hall asked about uses. He would like to see warehouses in the M-1 as would be better than a truckstop. He has the land on the market and no one has been interested in it except for M-1 uses. Blair stated that this property is in the sewer district.

Kubicek moved and Hall seconded to set the public hearing for the DK Land rezoning request for May 12, 2004 at 7:00 PM. Carried unanimously.

KAMPHUIS PLAT:

No action as it had errors.

Lenora Jadun stated that Mary’s Truck Stop closed in November 2002 and now a caterer is interested in the purchase but due to time expired it can not be reopened without correct zoning. RIB is not the correct zoning. At this time she is not splitting the property which also contains 4 houses. She is only asking for the front piece to rezoned to B-2. The 4 homes are not platted but non-conforming due to the description. They are all for sale and currently being rented.

Borucki moved and Blair seconded to set the public hearing for the Jadun rezoning for May 12, 2004 at 7:00 PM. Carried unanimously.

Each member received a new copy of the 2004 goals and the procedures for rezoning.

Martinez reported that he attended the Windsor Downs neighborhood meeting as a neighbor.

Hall reported that the Tri County area is close to violations with the EPA Clean Air standards.

With no further business Borucki moved and Kubicek seconded to adjourn the meeting. Carried unanimously. Adjourned at 9:55 PM.

Linda Towsley, Clerk