Windsor Charter Township Planning Commission

Regular Meeting – May 11, 2005

Meeting Room – 7:00 P.M.

Chairperson Arnoldo Martinez called Public Hearing for Regan/Chapman Rezoning to order.

Present: Martinez, Borucki, Blair, Marsh, Johnson, Kubicek, Pray

Absent: none

Also present: Jim Foulds and Vern Fountain of CPS.

Foulds gave overview of the rezoning application for 8459 Billwood. If the rezoning was approved the intended use of contractor storage would require a Special Use Permit. They are requesting a change from A-1 (Agricultural) to B-2 (Commercial).

Present for this rezoning request were Tom Regan, owner, Mike Chapman, applicant and Jim Johnston.

Chapman explained that they proposed to use the land for buildings for contractor storage and small office. They would build two units in 2005 and others as were needed. They would use one and rent the other. Each building would be self sufficient for utilities and there would be a well. They understand that if they receive the rezoning they would then need to apply for a SUP.

Regan stated that his mom, who has passed away would be proud to have this type of use on the land and that they do quality work. He feels that this is the right thing for the property.

There were no comments from the public.

Public hearing closed at 7:09 PM.

Martinez called the Public Hearing for WILS Towers Special Use Permit to order.

Present for this request were Gary Harding, applicant for WILS (MacDonald Broadcasting), Dorothy Cumberworth, owner and Jim Johnston.

Foulds gave an overview of the application. He stated that this land is A-1 and towers are permitted with a SUP in this district. The references in the zoning ordinance are 8.1.3 and Ordinance # 30 Section 2.6. They are purchasing 20 acres of vacant land adjacent to 3591 Smith Road. The five proposed towers would all be less than 200’ and no lights. They will have an accessory building maximum size of 20’ by 30’.

Gary Hading, MacDonald Broadcasting, stated that currently the towers are inside the City of Lansing behind Everett High School on 20 acres where they have been for nearly

60 years. They are proposing the move to the 20 acres currently owned by Dorothy Cumberworth because they have outgrown the area and cannot serve the Lansing area due to growth in the area.

They are moving to Section 27 because they have outgrown the other site and they cannot serve the larger area. They have many dead areas at night and there are no circular patterns, which restricts the signals. With a move to the Southwest they can push the signal to cover more area and give better service to their customers.

Harding showed a diagram that shows where the FCC has limited them to move to. The area in Section 27 is within this range. He stated that there would be 5 towers and they would be less than 200’ and unpainted. The building would be approximately 14’ X 20’ with Smith Road access. A diagram showing the towers on the aerial was shown. Harding stated there would be guide wires on the towers and they are sectional towers.

Susan Overset 3576 Smith Rd asked about landscape, satellite and cordless phone interference. Harding replied that they would do whatever landscaping the township required and there would be no interference to TVs or phones. This is AM radio, which is lower power. Would it lower her taxes? How many acres? They are buying 20 acres.

Lance Kingsbury 1264 Yarrow, Holt stated he had not received notice as he had just purchased 10 acres from the same parent parcel. It was explained that the split was not recorded so did not have a name for that parcel. He asked if any studies have been done? None that they are aware of.

Karen Klomparens 3983 N Smith stated that because of her job she needs to have phone access 24 hours a day. Harding stated that if there were a problem they would handle it but AM frequency is much lower so there should be no issue.

Sharon Eakin 4270 Smith Rd asked how close the nearest home was? A minimum of 700’ from the base. She also asked about landscape, fences and berms. They would fence the building and the guide wires but do not fence the entire area as will interfere with the patterns. He stated 5 towers at height of 199’ each and the FCC sets the lights, etc. Eakin asked if fire department has a truck to reach that high if child climbed the tower? Do not believe that any fire department has a ladder that high.

Robert and Angel Boshea 9768 Vermontville stated they are the closest to the towers and asked if it would affect wildlife? None. They also asked about how much traffic? The site would be unmanned and someone would be there only if needed service.

Lance Kingsbury 1264 Yarrow Holt stated he just bought 10 acres next to this site. He asked how high the towers are in Lansing? 160’.

Angel Boshea 9768 Vermontville asked why all the homes were not on the aerial and why they had not brought a power point. She was offered to walk up to the aerial but stated that in black and white you cannot see all the homes.

Sharon Eakin 4270 Smith Rd asked why this parcel? Harding stated that it is 20 acres, flat, has the needed power in the area, less trees and the land was available for purchase. This is the only one that fits their needs that was For Sale.

Robert Hardy 10068 Vermontville asked if anyone would like to buy the small parcel that touches his land? He stated that he does not mind looking at the towers but won’t be able to sell his land. The value of his land will go down. Harding stated that the towers blend in and are not lit like cell towers.

Robert Boshea 9768 Vermontville asked how many homes have been built in Lansing since the towers have been there and value of these homes? Towers can come down.

Harding stated that they serve the public so need their trust.

Angel Boshea 9768 Vermontville asked what the time frame would be? It could take up to one year to get all of the permits from the township, FCC, DEQ, Historical, Wildlife Preservation and Air. The start with the township which will take 1-2 months.

Lance Kingsbury 1364 Yarrow, Holt asked what the minimum amount time would be? It would be 8 months and that is with all the government agencies acting quickly.

Angel Boshea 9768 Vermontville asked if DEQ had been contacted yet? No they start first with the township.

Karen Klomparens 3983 Smith Rd asked if there would be any noise? None as the only wind sounds come from tall towers not short ones.

Lance Kingsbury 1364 Yarrow asked Harding if he would live there? He stated no problem as you really don’t see them but he is in the radio business.

Sharon Eakin 4270 Smith Rd stated that she preferred that it did not pass, as it does not fit the surrounding area. She feels it needs fences, trees, berms and landscaping to screen it as much as possible.

Harding stated that there are trees on the west side and along Smith Road.

Fran Anderson 2678 Gunnell who has tower near by stated she would rather look at towers than houses.

Robert Hardy 10068 Vermontville stated he would rather look at towers, too but who would buy his land under the tower? Lower his value?

Robert Boshea 9768 Vermontville asked how the township would benefit? It would be in the form of full rate of taxes and better signal for listeners of WILS AM. Harding also replied that the majority of the area would stay green space. Public Hearing was closed at 7:38 PM

Martinez called the regular meeting to order.

Minutes of the previous meeting were approved as amended. Under the two sections setting public hearings the wrong "do" was used and the tower should read less than 200’.

Blair gave report from Township Board.

No other reports.

This request is to rezone from A-1 to B-2 at 8459 Billwood.

Foulds went through his recommendation review stating that there are two options that can be taken: (1) deny as does not fit the master plan (2) approve with the thought to change the master plan in that area as the plan shows all non residential except this small area which is surrounded by state offices and other private mixed non residential uses. He would recommend the second option as in mixed-use area.

Foulds told about new contract zoning passed by the State that would allow a rezoning to have specific conditions and a contract. But to use this you need to have an ordinance, which Windsor does not have at this time.

Foulds also stated that even if they get the rezoning they would need a site plan review and SUP, which could control concerns, if any.

Borucki stated that he favored option 2, as this is a transition area. There is a large amount of traffic in this area for the state complex and SECU. Need to protect any residential that is left in the area. Chapman stated that there would be minimum traffic of 5 cars per day per building.

Martinez asked about the pond? They have no plans to make any changes so would probably leave as is. Do not think they can fill it and would best used as a retention pond. He also stated his area is in transition and few homes left but must protect them.

Discussed changing the master plan to amend this area. Would need a motion to ask the township board to direct the planning commission to do this. The site plan would review driveways, etc.

Kubicek stated state buildings surround this land.

Borucki moved and Johnson seconded to recommend to the township board that the property at 8459 Billwood owned by Thomas Regan with Mike Chapman applicant be rezoned from A-1 to B-2 as the area is in transition and this is keeping with the direction that area is going and this is a low impact use. Carried unanimously.

Richard and Michele Ledesma 8486 Billwood stated that they needed to take back the vote as the room was full and they could not get in the room. They stated that the pond is an issue. Blair stated they should come to the township board meeting on May 24^th with their concerns.

Borucki moved and Johnson seconded to advise the township board that this small area needs to be re-evaluated in the master plan. Carried unanimously.

Foulds explained that Ordinance No 30 details the placement of towers and requirements. The areas covered include height, proximity to homes, residential districts, adjacent uses, topography/trees/foliage, design of towers and co-locators that does apply to radio. The FCC also set the areas they can use. Foulds stated that the application does not have all of the needed information like proximity to homes and impact on adjacent areas.

Foulds stated that as a result of the public hearing and application he would recommend tabling until all information is obtained. He would be willing to sit down with the applicant and review all information to make sure it is complete.

Martinez stated that he feels we need more information and has hi-lighted areas that were lacking information. There are concerns that were raised at the hearing and he would agree with tabling the request.

Kubicek stated that more detailed dimensions would be helpful and location and analysis to other homes, etc.

Foulds reminded the planning commission that a site plan would be coming back to them with all final dimensions, etc.

Blair moved and Marsh seconded to table the Special Use Permit for MacDonald Broadcasting until the June 8, 2005 meeting. Carried unanimously.

BROWN SITE PLAN REVIEW:

Foulds stated that is a 12 building site project with one home already there. A preliminary site plan meeting was held on March 28, 2005. Foulds would recommend final site plan approval with three conditions:

1. Purchase of rights for public road on Nixon – this has been done per the developer. Acquired and paid for.
2. Copy of Master Deed is given to the Township.
3. All public approvals be obtained and copies to the township – specifically the drain commission and road commission. They have preliminary approvals.

Borucki moved and Pray seconded to grant final site plan approval to Bruce Brown on Nixon Road with the 3 conditions noted in CPS report and noted above in the minutes. Carried unanimously.

A five-minute recess was taken and the meeting reconvened at 8:25 PM.

Dorian Lange, applicant, Terry Hanks, owner, Gil Short, designer of project and Dave Robinson were present for the presentation. Platinum Partners LLC have an option to purchase 199.7 +/- acres at Pinch and Lansing Road from Terry Hanks. This property is zoned M-1. Chairperson Martinez reviewed the application.

Lange stated they would present their plans and he wants to state that this is not a casino or racino. It will be like the Horse Parks in Arlington Virginia and Lexington Kentucky. It will have a racetrack with a maximum racing of probably 20 days per year. This will be up to the racing commission.

Gil Short of Florida has designed and constructed several racetracks and is excited about this project, which combines racetrack and showing horses. The drive will be 100-200’ off Lansing Road on Pinch Hwy. It will have inside housing for 550 horses and also have sales, maintenance and jockey housing. They will be able to race quarter horses, thoroughbreds and all breeds as they are going to keep the track dirt. There will be a warm up area and hotel with restaurant. There will also be camping area and simulcast.

The power point presentation, which is what each commission member received, was shown and discussed. It was stated that the design allows them to do many different things. They will have movable seats so they can have all kinds of shows and the grandstand will face the expressway.

Lange stated that racing is on a downslide and they want to get it up and going again. This would be a taxable site. Activities on site could include rodeos (# 1 spectator sport), any of the 100 horse associations having shows, horse camps, etc.

Bob Lombardini of Canter, a horse rescue group, was introduced and described that his group rehab thoroughbreds, which are given to youth to use. They area non profit group and would work with MSU Vet Students. This would be showcase for their program by moving it to this site.

There would be economic impacts, which include taxes and the breakage from the track. There is a formula for how this is figured.

Johnson moved and Borucki seconded to set the Public Hearing for the Michigan Horse Park Special Use Permit for June 8, 2005 at 7:00 P.M. Carried unanimously.

A five-minute recess was taken while the people left and reconvened at 9:05 PM.

The current ordinance is No 22 and this would receive the next number. It is ready for public hearing, which would be held by the Township Board. A paragraph about Severability should be added. Foulds will check with township attorney.

Could be added to planning commission public hearing before going to township board.

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

Linda Towsley, Clerk