WINDSOR CHARTER TOWNSHIP PLANNING COMMISSION

MEETING ROOM – REGULAR MEETING

AUGUST 20, 2008 – 7:00 P.M.

PROPOSED

Public Hearing for Devine Rezoning request was called to order by Chairperson Dave Kubicek.

Present: Kubicek,  Borucki, Blair, Bredin,  Burton, Johnson, Pray

Absent: none

Also present: Jim Foulds, CPS

DEVINE  PROPERTY REZONING REQUEST:

Lee Klein, agent for Beck & Fisher, Nathan Beck, Jason Beck and wife were present.

The request is to rezone from A-1 (agricultural) to B-2 (commercial) for a propane distribution station and possible trailer sales and repairs.  Beck & Fisher have an option to purchase on this 9.07 acres parcel on Strobel Lane.

They currently have refueling stations in South Lansing, Perry and St. Johns and have around 3400 propane customers in south Lansing.  There would be 1-2 large propane tanks which would fill the delivery trucks. These tanks would be fenced in.  Mr. Klein stated that this type of operation is very regulated by the Federal Government and there have not been any accidents in 50 years. 

The delivery trucks are 5000 gallons and they might use larger trucks in the winter which  would refill more often than in the summer.  In the future they might fill tanks like the ones used on grills.  Klein also stated that there are a couple types of this operation on Lansing Road between here and Charlotte.  They might have several smaller tanks on display which would be the size people purchase for their homes.

The entire 9 acres would not be used for propane but they would start trailer sales.  So the beginning usage would be around 2-4,000 sq ft and then develop more area  which could include trailer and motor homes sales like in St. Johns.

They would like to start this fall to be ready for the winter season.  They would not have a lot of intense work to get started mainly the cement pad for the tank(s).  They would like to get this approved so they can start the drawings, etc.

At this time there were no questions from the Planning Commission.  Public comments were as follows:

Nancy Dibean 7775 Petes Lane stated that she inherited her land from her parents and this would be adjoining her property.  She likes the setting and does not want lights and propane in her back yard.  There are many vacant commercial sites around Don’s Truck Stop so that would be a better spot for it.  Also Strobel Lane is not able to handle large trucks.  The school buses need to travel the road.

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Mary Ellen Lowe 7800 Petes Lane stated that they have just been in their house for one year on August 14th.  They built there because they wanted the peace and quiet.  Those are the reasons and the Commercial zoning is why they left Lansing.  Her husband is from St. Johns so they are familiar with the Beck operations.  Their road is a dead end at the end of a dead end.

She shared a picture of an explosion in Toronto that was in the city and wrecked havoc on the City. Toronto is now looking at their zoning.  If something should happen in would be a death trap as there is no other way out of their road.  The buses sometimes even have trouble getting down the road.

Many of the neighbors walk and ride bikes and they do not want to contend with trucks.  She stated they did not skimp to buy land to have commercial in their front yard.  Their 6 year old granddaughter who lives with them keeps asking “what ifs”.

She asked why they are leaving south Lansing?  Klein stated that it has to do with ingress/egress and landlord problems.  The current site is just not working out for them.

She asked who dictates how they grow?  Klein stated the township would control growth and any other requirements like landscaping, etc.  How much they grow also depends on how many customers they get.  Klein also stated that reasons to move include fuel costs and more timely delivery.  They factor in these costs.

Klein stated that Beck’s are the lowest costs and largest.  Also they wish to have integrity continue.  Lowe stated that they chose their way of life to live here in this environment.

Klein stated that the explosion in Toronto was a plant not distribution center.  Defy to anyone to find a distribution center that has had a problem.  Gas stations have more chances of explosions.

Dibean restated that there is commercial land already on Lansing Road.

Taelo Davids 7686 Petes Lane stated one of their family members had been involved in a serious car accident with a truck on Strobel.  Why this parcel?  She asked if the Planning Commission had driven this road?  Yes

Beverly Davids 7830 Petes Lane referred to the juveniles who jumped the fences in Lansing and destroyed the city trucks.  So nothing is secure.  Klein stated the fence would have barb wire on the top and locked.  There would be no sense in vandalizing this type of operation.

She continued with why propane here when they all have natural gas?  Klein stated they want one in the area so they do not have to return to St. Johns to refill trucks.  He also

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stated that they have looked at all the properties and that Strobel Lane is visible and has room for future trailer and RV sales.  They are not concerned about the other businesses that have failed in the area.

Scott Nichols 5920 Strobel Lane is at the end and has highway frontage.  He stated he has been to the St Johns site and the Legends are great trailers but this is a residential area and should keep it that way.  There is commercial property in the area that they could expand on so why change our residential area?  There is space around Alro and the Harley Davidson area.  There would also be a large sign.  Why change residential area when there are other spots available?  He stated he wants it on record that he disagrees with the rezoning request.

Jim Fedewa 6180 Lakeview stated that he with Leroy Angst started the subdivision down the road and to put commercial there would be spot zoning.  There is lots of commercial property in the township so why add to a residential area?  Planning Commission is there to stop commercial in residential and there is lots of room for it elsewhere.  It is not appropriate to have commercial in residential and this is spot zoning and he is concerned with spot zoning.

Mary Ann Fedewa 6180 Lakeview  stated there is zoning so why bring in commercial and she wants it on record that she opposes the rezoning.

Tom Warner 7790 Petes Lane stated that the Planning Commission represents all and they have an awesome responsibility.  He stated that he is an Industrial Engineer and the Master Plan does not show commercial in the middle of residential.  He is not in favor of the rezoning due to traffic on Strobel Lane.  They have problems with people coming off the interstate and hitting the signs along Strobel Lane.  Also that both Charlotte and Potterville buses have to travel this road and they sometimes have problems.  He is not against growth but planning does not have commercial in residential.  There are plenty of areas already zoned commercial  on Lansing Road.

Scott Nichols stated they are one of the last areas plowed in the winter so he uses his tractor to get the residents out in the snow.  The trucks would pack down so there would be snow/ice packs that he can not move with his tractor.  There are 5-6 months that the road can be treacherous and bad.  The county takes about 2 days and this would cause a large safety issue.   He also stated that there are many accidents at Strobel Lane and Lansing Road as people coming on to Lansing Road do not slow down. There are many better places for this business.  The road was made for residential and agricultural use and trucks would tear it up and need repairing.  The road heaves in the winter.

Beverly Davids asked how the Fire department would get them out if there was a fire and if there is a blast they would not survive.  Is there a report from the Fire Department?  Not as this time as not a site plan review.

           

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Terry Wright 6204  Lakeview Circle stated that all has been said and commercial is not good for the area.  If they did sales and sold propane tanks  that would make more traffic.  They moved here one year ago and if they had known this was coming they would probably not have come to Windsor Township.

Lee Klein stated that he has been in this business for 35 years and there are always issues.  This land is not used for agricultural purposes and there are no homes.  They would be far more objections if cattle were there.  He continued that municipalities make decisions for the future development and look at what they want.  There are always protests but need to look for future tax base and no matter what is proposed for this land  it always comes up not here.  The Planning Commission has a responsibility to look long term.

Nancy Dibean stated that two women own some land to the rear and they are hoping to develop with larger homes.

Taelo Davids stated that no one even commented on property values.  The home on site will need to be torn down carefully as contains asbestos.

Klein stated they will also be leveling the land.

Robert Lowe 7800 Petes Lane stated that if they are leveling the land what about run off and affecting others.  Who will control the drainage problems?

Dave Kubicek stated that this is about the rezoning and anything allowed in that zone could go in here if granted.  Site plan review and approval by county agencies control all of those types of issues.

Taelo Davids stated that Klein has not answered the safety questions.  Klein stated federal government controls.

Tom Warner asked about evacuation plan and traffic.

Jim Fedewa stated that once commercial it stays commercial.

Mary Ann Fedewa stated that the road they are on in St Johns is a Class A road and this is not a Class A Road.

Robert Lowe asked about pollution?  Klein stated that there is none as it dissipates in 2 seconds and it rises so not in the ground.

Scott Nichols again stated that in winter the road would not be good for this type of use.

Beverly Davids asked if they would be doing anything with mobile homes?  No

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Public Hearing closed at 7:58 PM.

Chairperson Kubicek called the regular meeting to order.

No public comments.

Minutes approved as printed.

Kubicek stated to clear up comment from last meeting that he will be staying on the Planning Commission as the new laws allow one member to be a non voter but owner of the area.

Blair gave report from Township Board.

Kubicek gave report from Master Plan.

Pray shared disc from training.

DEVINE PROPERTY REZONING REQUEST:

Kubicek stated that everyone has heard the request again and all the aired concerns.  Foulds reviewed his paper and stated the following:

  1. Need to look at all future uses in B-2 (7 allowed and 17 SUP) not just the propane request.
  1. Site Plan review would address the safety issues. (6.8)
  1. There are 13 areas to look at and he high lighted 6 of them which are major to this project.  They are:
    1. # 3 Current and proposed use
    2. # 4  Range consistent
    3. # 5 Other sites already zoned
    4. # 6 Spot zoning
    5. # 8 Chg in the area since the master plan done
    6. # 9 Site Plan – can do all uses

Foulds stated in his recommendation that he take the results of the Public hearing and testimonies and it be tabled until this information can be combined and reviewed at the September 10th meeting.

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Borucki would like a report from the Fire Chief as to what would be done for the owners and add this to the CPS report.

Borucki moved and Johnson seconded to table the Devine request for rezoning until the September 10th meeting and receipt of report from Mr. Foulds with answers to some of the questions raised.  Carried unanimously.

Proposed By-laws and Ordinance:

Get comments to Rick prior to September 10th meeting so he can make changes as needed for review then.

Zoning Classes:

Towsley will send out copies and review at next meeting.

Master Plan:

Copies of proposed goal dates were distributed for review.  The next meeting is scheduled for August 27th and things will not be ready.  So that meeting will not be held. The next meeting will be Wednesday, October 1st at 7:00 PM in Township Meeting Room.

Eaton County will be holding a Vision meeting on Monday, September 15th.

With no further business Borucki moved and Pray seconded to adjourn the meeting.  Carried unanimously.  Adjourned at 8:33 PM.

                                                            Linda Towsley, Clerk