WINDSOR CHARTER TOWNSHIP PLANNING COMMISSION

REGULAR MEETING - MAY 12, 2004

MEETING ROOM - 7:00 P.M.

Public hearing for DK Land rezoning was called to order by Chairperson Arnoldo Martinez.

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

Absent: none

Also present: Jim Foulds & Vern Fountain, CPS

Dan Kamphuis was present as the owner of the 38 +/- acres. He is asking for 10 acres to be rezoned from B-1 to RIM to connect with the 40 acres to the east. He is asking for the other 28 acres +/- to be rezoned from B-1 to M-1. There were no changes on his application since the last meeting.

No public comments. Public hearing closed at 7:03 PM.

The public hearing for the Jadun request from RIB to B-2 was called to order. Neither the applicant nor any representative was present.

William Long 6574 News Rd asked what was to go in there? Application talks of a catering service. Why not asking for B-1 which would allow this? No answer as no one present.

Martinez reviewed the application with the public present.

Beverly Kesson 6482 News Rd asked why everyone on the road did not receive a notice? Clerk explained that the law is for those within 300' of the property. Also it is in the Lansing State Journal, on the web site and signs are placed on the site.

Clifton Hastings 6626 News Rd asked why the address used was one of the homes? Clerk explained that the address used is the one on the tax bill as all the 3 homes and restaurant are on the same description.

William White 6535 News Rd reconfirmed that all three homes and restaurant are on the same description? Yes

William Long expressed concerns over the fact that Mary had the road paved near the restaurant and it looks like one big parking lot. They are concerned they may lose the end of the road. It is in bad shape and they have not kept it up.

Beverly Kesson added that not only the roads but the yards, too.

William Long asked what would happen next? The next step will be when the planning commission goes into discussion on this subject during their meeting stated the Chair. 

Clifton Hastings asked what will happen when they sell the property as the wells and septic are combined? How will they split it? No answers as this will fall to the health department.

Closed the public hearing at 7:13 PM.

Convened the regular meeting.

No public comments.

Minutes of previous meeting were approved as printed.

Blair gave report from Board of Trustees.

Hall gave report from Dimondale Village Recreation Committee

Blair gave report from Leadership Use Meeting held at MSU.

Martinez gave report from Dimondale Village Planning Commission and noted that he attended the Delhi Planning Commission meeting.

Hall moved and Blair seconded to remove the Canadian National rezoning request from the table. Carried unanimously.

Martinez stated that they are asking to rezone 223.5 acres from A-1 to M-1. Martinez stated that he met with Emergency Service Director Cribley and found he had no concerns over the road closings.

Hall gave a report on his meeting with Emergency Service Director Cribley and he also stated that there would not be any problems if Oak Hwy was closed. The enhancements on Nixon and Canal will make it easier to get to the other side of the township. Hall also talked about his meeting with the Eaton County Road Commission and reported that the vote to close Oak Hwy has not been taken at this time. The Supervisor confirmed that the railroad would not be paying any taxes to the township. He also learned that railroads have the right of condemnation. Hall also reported on the meeting with Jeff Hayden of Potterville Schools. He told Hall that there are no laws to prohibit the closing of roads but he was unaware that there was talk of closing Oak Hwy. He figured it would cost an extra $750 per year if closed. Would be double that if there was a kindergartner on that section of road due to an extra run per day. Hayden also stated that if they cut the hill on Nixon that would be a big help and improve safety for the buses.

Hall reported that the State of Michigan controls the standards for railroad crossings and what warning signals are needed at each site.

Hall then shared pictures from his trip to the Flat Rock site. There would only be 1-2 more trains per day as they run them onto the site and fill them and pull them all out at once. At Flat Rock they also had to reproduce wetlands and they have lights, fences and landscaping. The manager stated that they have never had to have an emergency vehicle on the site and there are no hazardous materials. Hall stated that he did not see any evidence of anything that would be harmful to our citizens or cause adverse conditions for this area.

Dave Denike 7151 Oak Hwy stated he is confused, as it does not sound like the railroad and the ECRC are telling the same story. Also that two buses could never pass on the road. Borucki stated that two buses would never be on the road at the same time as they do the older kids and then the younger kids.

John MacGregor, Tom Rigley and Kevin Dovcet of the railroad explained that parts are tied together and they have not asked formally for the closing of Oak Hwy. They will not ask until all the upgrades are in place and one thing must happen before the other can happen.

Hall submitted a written copy of his report.

Hall asked if the trains would block Davis? There would be a traffic sign or light and the cars are pulled into the plant so no long blockages. Multiple tracks at the plant; not like it is done at Flat Rock.

Martinez stated that the concerns were for the health and safety of our citizens. When Canal opens it will be better for getting over into that area. He stated he feels that the railroad has been up front and had this tentative agreement with ECRC to facilitate the rezoning.

Blair shared parts of the agreement that he received from the ECRC. He also stated that it is nice to be concerned over the site but we are looking at the rezoning only at this time. We need to look at the land use and this complies with the plan and changing conditions in the area.

Burnett asked if they have decided how they will get water and sewer? No but probably will use the wells and septic that are there unless more intense services become necessary. The water, septic and storm water will come under site plan review.

Hall asked more about storm water run off? There are state and federal requirements for areas that are paved. Catch basins will probably be on site to pipe into drains. County Drain Commission has not been contacted at this time.

Blair moved and Borucki seconded to recommend to the Township Board to rezone the 223.58 acres from A-1 to M-1 based on recommendation of the consultants, changing conditions in the area and complies with the master plan. Carried unanimously.

Blair shared that the last RIM rezoning we did for Dorian Lange has a restrictive convenant that states that no mobile home park would be operated on this site.

Hall stated that this would be the only M-1 in the area and he does not feel it is appropriate to have industrial next to residential.

Burnett asked about more information on a PUD and why the master plan shows this area as that zoning? Foulds explained what a PUD is and how it can have mixed uses. Foulds also explained that it is not uncommon for a parcel to have two zonings.

Teri Robison 9446 Billwood asked which property they were talking about? She did not receive a notice of the public hearing. Chair explained what was going on. She stated that they could not hear and it went so fast that they did not say anything.

8:18 PM - Mr. Jadun arrived.

Gary Reemsnyder 9541 Billwood stated that he is confused on what is happening.

Martinez explained what the procedure is and due to confusion will allow time for questions and answers by the public.

A copy of the proposed RIM development was shared. Buffering will separate the M-1 from the RIM. Blair explained that we now have specific requirements for the buffering.

Mr. Kamphuis stated that he has a builder who will do the entire housing area and he has been over 5 years on this project. The water will be coming from Creyts Road (Board of Water & Light) and it is in the sewer district.

Kirk Curtis 6755 W Galway asked about the retention water basin being next to Thornhill. This area will be for holding and releasing of access water.

Linda Brzak 9511 Billwood asked why it was placed there? This is the area it needs to be in due to the elevation of the land. Blair stated that is where the pond was when this land was a proposed mobile home park.

Blair also asked Mr. Kamphuis if he would place the restrictive covenant on these 10 acres to avoid Mobile Home Park? Yes

Discussion followed on changing the request to PUD, like the master plan shows. Mr. Kamphuis stated that he is not sure what his options would be with a PUD as he would like it for warehouse. That would be possible.

Foulds explained that the commission first needs to act on the M-1 request and then the option to recommend to township board to change to PUD. He will check with township legal council if township can change to less intensive use. If township can not do this they will need to reapply and ask for special use permit in two steps. If township can do this, then they will just need to do a SUP.

Kubicek stated that this is a safety net for the housing development.

Borucki moved and Marsh seconded to recommend to the township board to approve the rezoning request for the 10 acres from B-1 to RIM (amendment approved by both Borucki and Marsh) and add a restrictive convenant to not allow a mobile home park on the site. Carried unanimously.

Hall moved and Kubicek seconded to recommend to the township board to deny the request for the 28 acres to be rezoned from B-1 to M-1. Carried unanimously.

Blair moved and Borucki seconded to recommend to the township board to rezone the 28 acres +/- from B-1 to PUD. Carried unanimously.

10 minute recess

Martinez asked if there was any additional information. Mr. Kamphuis stated that there will be water and there is sewer. He is asking for tentative preliminary plat approval so they can start to go to the other agencies. Discussed that the rezoning for 10 acres is not in place at this time. Could add pending the rezoning.

Blair stated that we do not have front width for single-family homes in RIM district. We will need to update the chart for this but does not affect this project. It is 66' in RID. They hope to be building by fall or late fall.

Mr. Kamphuis was asked about how many sewer stubs he has? 155

Hall stated that he feels we should share a copy of the plat with the Potterville Schools.

Marsh moved and Kubicek seconded to send the plat to the township board for tentative preliminary plat approval and a copy to Potterville Schools (amendment approved by Marsh and Kubicek) that the approval is based upon the report by Community Planning Services and that it fits all standards. Carried unanimously.

Due to the fact that Mr. Jadun was not present for the public hearing, the Chair offered ten minutes for questions from the public.

Clifton Hastings stated that he should have been there. Mr. Jadun apologized and stated that he had car problems.

William Long stated that they made their comments and the commission knows their feelings on the matter.

The Chair asked Mr. Jadun if he understands that this is a private road and not part of the parcel and that they can not do anything on it. Yes

Martinez read the recommendation of the consultant.

Mr. Jadun asked about impact on housing? They would need to do buffers and screening.

Hall moved and Borucki seconded to recommend to the township board that the rezoning request for Jadun be approved with the conditions listed by Community Planning Services. Carried unanimously.

Blair commented that this conforms to the master plan.

Subdivision control and master chart were mailed to the members for their review. Please get changes to the clerk. Do need a change in RIM under single family homes.

Blair asked that home occupations be discussed at the next meeting.

St. Lawrence Dimondale Center has been sold and they need the Special Use Permit transferred into their name. Consultant stated that this is okay to do.

Kubicek moved and Hall seconded to recommend to the Township Board that the Special Use Permit be transferred to the new owners. Carried unanimously.

With no further business Borucki moved and Kubicek seconded to adjourn the meeting. Carried unanimously. Adjourned at 9:15 PM.

Linda Towsley, Clerk