(Photo by Bruce Rolfe)
By Bruce Rolfe
After the Charleston Township Planning Commission could not come up with a recommendation on a conditional re-zoning application August 18 and agreed to send the topic to the Charleston Township Board to discuss further, the Township Board felt the issue should be tabled until the September 22, 4 p.m. regular township board meeting when a full board is anticipated (Clerk Alese LePert was absent at the August 25 township board meeting) and more information can be reviewed.
Charleston Township Supervisor Jerry Vander Roest told the board and audience at the regular township board meeting August 25 he has 36 questions alone to ask the applicant. He said other board members may also have questions and the Planning Commission had three months to review the process while the Township Board was handed the issue to consider less then a week after the Planning Commission could not come up with a recommendation.
Brian Moravek, Sue Balkema and Cliff Lipscomb voted no to deny a recommendation the township board approve the conditional re-zoning request. Joan Orman, Walter Kohnke, and Don Kramer voted no when a motion to approve a recommendation the township board approve the conditional re-zone application was placed on the floor.
Interstate Capital would like to develop 79.94 acres at the corner of 40th Street and L Avenue and submitted a conditional rezoning application for a portion of 77.69 acres on L Avenue, east of the property at the corner of 40th and L Avenue, which would be part of the development.
One parcel is already zoned light Industrial. The other parcel is zoned Ag-2. The conditional re-zoning application from Interstate Capital is to re-zone 51.69 acres from Ag-2 to I-1.
Interstate Capital would like to develop the two structures primarily on the parcel already zoned light industrial near the corner of L and 40th Street. However because there are existing gas and electrical lines cutting through the property, the company says re-zoning a portion of the second parcel to light industrial is needed to make the structures economically viable.
Orman felt the conditional re-zoning request was inconsistent with the township’s future Land Use Map. She said a section in Ag-2 of the parcel Interstate Capital would like to re-zone Light Industrial was specifically left in Ag-2 to keep some separation between industrial and residential.
Moravek admitted the approximately 50 acres currently in Ag-2 proposed to be re-zoned Light Industrial, is inconsistent with the township’s current Land Use Plan, but felt the conditions Interstate Capital placed in the conditional re-zoning application provided many safeguards. He also recalled the owners of the property initially asked for both parcels to be zoned Light Industrial, but the Planning Commission only approved one parcel and wanted the other parcel to remain Ag-2 to provide a buffer. And, had the owners requested a chunk of the parcel be light industrial with 25 acres left agriculture and never be developed, the Planning Commission may have approved that plan.
After making adjustments to the conditional re-zoning application twice, Interstate Capital adjusted a conceptual site map that includes many of the company’s conditional re-zoning conditions that would become obligatory if approved.
A decision was tabled at the July 28 Planning Commission meeting because an appointment to finish the term of Planning Commission Chairman Tim Vosburg, who died recently, had not been made yet, and two other planning commission members were not present.
Interstate Capital points out the updated proposed conditions comes in response to community feedback and provides an updated, comprehensive list of the offered conditions that would be binding and enforceable on the property in perpetuity.
Interstate Capital has already said it would leave 25 acres of the 76.9 acres currently zoned Light Industrial, in Ag-2.
Michael Vogt, Legal Counsel for Interstate Capital, said the main new adjustment is the company has reduced the area to be re-zoned. He said the eastern 425 feet of the Property would remain zoned AG-2. Vogt said even if the eastern 425 feet was left in AG-2, the property could be developed through agricultural uses and other special land uses. However, he said the company will work with the township making sure the 425 feet of land will never be developed and remain in its current state, “which is not something that obviously could be required on a land owner, but what we’re willing to offer.”
Other updated proposed conditions include:
• Rather than opening the Property up to all uses permitted in the I-1 District, Interstate Capital has committed to having seven uses excluded from locating on the I-1 zoned parcel.
• Applicant proposes a minimum 200-foot vegetative buffer along the east side of the rezoned portion of the Property. This will be used only for landscaping, storm water management, and a 6-foot berm with year-round screening with evergreen trees. Applicant also proposes to maintain and not disturb the existing tree line along the eastern property line, as well as maintain and not disturb the existing tree line along the South side of L Avenue (North property line). The buffer along L Avenue is proposed to be 425’ from the edge of road.
• Applicant commits that no lighting/footcandles will be within 400 feet of the eastern property line.
• Applicant commits that there shall not be a data center on the Property.
• Applicant commits that heavy truck traffic will access the Property only from 40th Street.
• A new condition Interstate Capital added commits that there will be no heavy truck operation along the East side of the proposed buildings. Vehicle usage on the east side of the Property will be limited to employee/visitor/customer parking lots and similar low impact usage, not entry and exit. Interstate Capital Director of Engineering Jason Raleigh said the only chance a road on L Avenue would be installed would be a fire mandated road.
• Applicant commits that there will be no fuel filling stations located on the Property.
• Applicant commits to pay for all necessary infrastructure upgrades or improvements arising from and necessary for Applicant’s proposed development of the Property, including roads, sewer, and water. Specifically, Applicant commits to extending public water to the eastern property line, which would be available for a potential future expansion of the subdivision currently located to the east of the Property.
• Applicant commits to executing a road use agreement if requested and obtaining all other necessary approvals from the Road Commission of Kalamazoo County. Vogt said regarding improvements, this means anything that has to do with road repair or improvement-wise Interstate Capital will pay for.
Raleigh said the company is committed to maintaining the proposed buffer which would reduce the size of the two buildings to a maximum of 750,000 square feet each. The buildings would be constructed in phases.
“We hope neighbors and the Township will see the variety of restrictions we’re offering on the use and further development of the site as a form of protection —protection from less desirable uses that are currently allowed on the one parcel already zoned for industry as well as on agricultural land, which we will leave untouched,” said Darius Udrys, director of communications for Interstate Capital.
It was pointed out at a previous meeting Interstate Capital anticipates the new development will generate $60,000-$80,000 in additional taxable revenue for the township, which is the estimated revenue after the millage rate the township receives is applied.
The company anticipates the development will create 100 to 200 jobs.
The August 18 Planning Commission meeting drew a room full of people, many who were still skeptical despite Interstate Capital’s recent conditional re-zoning application adjustments.
“I don’t think anyone in our subdivision really has an objection to them developing that corner. Our objection is with the 75 acres. There’s a reason that buffer is there. These guys are selling it as there’s a 25-acre buffer. But it’s really not when you divide that out over the length of their project. It’s 120 yards. That’s a football field plus. And a three or six foot berm, and I don’t care about your line of sight. It isn’t going to stop the noise or light pollution that’s going to come through from that and borders our property. We have three homes that have sold in the last two years that have exceeded over a million dollars and there’s no benefit to us to have that (development project) there,” said Michael Morrell, president of the Lakeview Meadows Association subdivision that is located next to the proposed development site.
“But having said that, I don’t have a problem with them building their buildings, just make them smaller and fit it inside the piece of property that’s zoned properly for them to do that. I don’t think that’s unreasonable. There’s a reason why the Planning Commission put that 75 acres as a buffer and intended it to be there for 10 years,” added Morrell.
Another resident of the Lakeview Meadows subdivision felt re-zoning the portion of land Interstate Capital would like to re-zone to Light Industrial does not align with the Township’s future land use map that calls for the piece of land to remain in Ag-2.
“I would feel that the conditions to the application has changed what the Township Master Plan says this area should become. And commercially planned or appropriately zoned property does not have to accomodate every proposed development. The township should not change its plan to fit the development, the development should fit the township plan,” adds another Lakeview Meadows resident.
Another resident felt what Charleston Township residents want, not what an outside company wants, should be considered.
There were also concerns about ground water protection, and once the land is put into Light Industrial it will never be returned to agriculture.
Addressing storm water runoff concerns, Raleigh said the company would work with the County Road Commission, the Township engineer and State of Michigan to meet any requirements.
Vogt emphasized Interstate Capital is removing many permitted uses that could be placed in the parcel of land already zoned Light Industrial to address concerns by residents.
Township attorney T. Seth Koches reviewed multiple standards the Planning Commission should consider when making a recommendation to the township board. Those standards to consider included permitted uses in a Light Industrial zoned district; special land use exceptions; if the conditional zoning application is in compliance with the master plan and future land use map; is the re-zoning request consistent with zoning in the general area; how consistent will the conditional rezoning request be with general land use patterns in the area; sustainability of proposed uses in the zoning district; adequacy of public services; traffic impact consideration; reasonable use under the current zoning district; identify public needs; and citizen input.
When asked by a member of the audience what would happen if the township board denies the conditional re-zoning application, Raleigh said what the company is currently pursuing is based on a desired tenant that would like to move in as well as what market research shows.
“We would have to go back to the drawing board and figure that out, but it would be a smaller foot print building, likely two buildings,” said Raleigh.
Udrys adds if the conditional re-zone application is denied by the township, the positive economic and financial benefits would be significantly lessened and Interstate Capital may have to consider more of the allowed uses in the I-1 zoning district. He said there will still be industrial activity on the corner currently zoned I-1 whether it’s Interstate Capital or someone else.
A site plan would still have to be submitted to the Township Board if the re-zoning is approved or denied, reflecting any adjustments that may be necessary if the conditional re-zone application is denied.
After the Charleston Township Planning Commission could not come up with a recommendation on a conditional re-zoning application August 18 and agreed to send the topic to the Charleston Township Board to discuss further, the Township Board felt the issue should be tabled until the September 22, 4 p.m. regular township board meeting when a full board is anticipated (Clerk Alese LePert was absent at the August 25 township board meeting) and more information can be reviewed.
Charleston Township Supervisor Jerry Vander Roest told the board and audience at the regular township board meeting August 25 he has 36 questions alone to ask the applicant. He said other board members may also have questions and the Planning Commission had three months to review the process while the Township Board was handed the issue to consider less then a week after the Planning Commission could not come up with a recommendation.
Brian Moravek, Sue Balkema and Cliff Lipscomb voted no to deny a recommendation the township board approve the conditional re-zoning request. Joan Orman, Walter Kohnke, and Don Kramer voted no when a motion to approve a recommendation the township board approve the conditional re-zone application was placed on the floor.
Interstate Capital would like to develop 79.94 acres at the corner of 40th Street and L Avenue and submitted a conditional rezoning application for a portion of 77.69 acres on L Avenue, east of the property at the corner of 40th and L Avenue, which would be part of the development.
One parcel is already zoned light Industrial. The other parcel is zoned Ag-2. The conditional re-zoning application from Interstate Capital is to re-zone 51.69 acres from Ag-2 to I-1.
Interstate Capital would like to develop the two structures primarily on the parcel already zoned light industrial near the corner of L and 40th Street. However because there are existing gas and electrical lines cutting through the property, the company says re-zoning a portion of the second parcel to light industrial is needed to make the structures economically viable.
Orman felt the conditional re-zoning request was inconsistent with the township’s future Land Use Map. She said a section in Ag-2 of the parcel Interstate Capital would like to re-zone Light Industrial was specifically left in Ag-2 to keep some separation between industrial and residential.
Moravek admitted the approximately 50 acres currently in Ag-2 proposed to be re-zoned Light Industrial, is inconsistent with the township’s current Land Use Plan, but felt the conditions Interstate Capital placed in the conditional re-zoning application provided many safeguards. He also recalled the owners of the property initially asked for both parcels to be zoned Light Industrial, but the Planning Commission only approved one parcel and wanted the other parcel to remain Ag-2 to provide a buffer. And, had the owners requested a chunk of the parcel be light industrial with 25 acres left agriculture and never be developed, the Planning Commission may have approved that plan.
After making adjustments to the conditional re-zoning application twice, Interstate Capital adjusted a conceptual site map that includes many of the company’s conditional re-zoning conditions that would become obligatory if approved.
A decision was tabled at the July 28 Planning Commission meeting because an appointment to finish the term of Planning Commission Chairman Tim Vosburg, who died recently, had not been made yet, and two other planning commission members were not present.
Interstate Capital points out the updated proposed conditions comes in response to community feedback and provides an updated, comprehensive list of the offered conditions that would be binding and enforceable on the property in perpetuity.
Interstate Capital has already said it would leave 25 acres of the 76.9 acres currently zoned Light Industrial, in Ag-2.
Michael Vogt, Legal Counsel for Interstate Capital, said the main new adjustment is the company has reduced the area to be re-zoned. He said the eastern 425 feet of the Property would remain zoned AG-2. Vogt said even if the eastern 425 feet was left in AG-2, the property could be developed through agricultural uses and other special land uses. However, he said the company will work with the township making sure the 425 feet of land will never be developed and remain in its current state, “which is not something that obviously could be required on a land owner, but what we’re willing to offer.”
Other updated proposed conditions include:
• Rather than opening the Property up to all uses permitted in the I-1 District, Interstate Capital has committed to having seven uses excluded from locating on the I-1 zoned parcel.
• Applicant proposes a minimum 200-foot vegetative buffer along the east side of the rezoned portion of the Property. This will be used only for landscaping, storm water management, and a 6-foot berm with year-round screening with evergreen trees. Applicant also proposes to maintain and not disturb the existing tree line along the eastern property line, as well as maintain and not disturb the existing tree line along the South side of L Avenue (North property line). The buffer along L Avenue is proposed to be 425’ from the edge of road.
• Applicant commits that no lighting/footcandles will be within 400 feet of the eastern property line.
• Applicant commits that there shall not be a data center on the Property.
• Applicant commits that heavy truck traffic will access the Property only from 40th Street.
• A new condition Interstate Capital added commits that there will be no heavy truck operation along the East side of the proposed buildings. Vehicle usage on the east side of the Property will be limited to employee/visitor/customer parking lots and similar low impact usage, not entry and exit. Interstate Capital Director of Engineering Jason Raleigh said the only chance a road on L Avenue would be installed would be a fire mandated road.
• Applicant commits that there will be no fuel filling stations located on the Property.
• Applicant commits to pay for all necessary infrastructure upgrades or improvements arising from and necessary for Applicant’s proposed development of the Property, including roads, sewer, and water. Specifically, Applicant commits to extending public water to the eastern property line, which would be available for a potential future expansion of the subdivision currently located to the east of the Property.
• Applicant commits to executing a road use agreement if requested and obtaining all other necessary approvals from the Road Commission of Kalamazoo County. Vogt said regarding improvements, this means anything that has to do with road repair or improvement-wise Interstate Capital will pay for.
Raleigh said the company is committed to maintaining the proposed buffer which would reduce the size of the two buildings to a maximum of 750,000 square feet each. The buildings would be constructed in phases.
“We hope neighbors and the Township will see the variety of restrictions we’re offering on the use and further development of the site as a form of protection —protection from less desirable uses that are currently allowed on the one parcel already zoned for industry as well as on agricultural land, which we will leave untouched,” said Darius Udrys, director of communications for Interstate Capital.
It was pointed out at a previous meeting Interstate Capital anticipates the new development will generate $60,000-$80,000 in additional taxable revenue for the township, which is the estimated revenue after the millage rate the township receives is applied.
The company anticipates the development will create 100 to 200 jobs.
The August 18 Planning Commission meeting drew a room full of people, many who were still skeptical despite Interstate Capital’s recent conditional re-zoning application adjustments.
“I don’t think anyone in our subdivision really has an objection to them developing that corner. Our objection is with the 75 acres. There’s a reason that buffer is there. These guys are selling it as there’s a 25-acre buffer. But it’s really not when you divide that out over the length of their project. It’s 120 yards. That’s a football field plus. And a three or six foot berm, and I don’t care about your line of sight. It isn’t going to stop the noise or light pollution that’s going to come through from that and borders our property. We have three homes that have sold in the last two years that have exceeded over a million dollars and there’s no benefit to us to have that (development project) there,” said Michael Morrell, president of the Lakeview Meadows Association subdivision that is located next to the proposed development site.
“But having said that, I don’t have a problem with them building their buildings, just make them smaller and fit it inside the piece of property that’s zoned properly for them to do that. I don’t think that’s unreasonable. There’s a reason why the Planning Commission put that 75 acres as a buffer and intended it to be there for 10 years,” added Morrell.
Another resident of the Lakeview Meadows subdivision felt re-zoning the portion of land Interstate Capital would like to re-zone to Light Industrial does not align with the Township’s future land use map that calls for the piece of land to remain in Ag-2.
“I would feel that the conditions to the application has changed what the Township Master Plan says this area should become. And commercially planned or appropriately zoned property does not have to accomodate every proposed development. The township should not change its plan to fit the development, the development should fit the township plan,” adds another Lakeview Meadows resident.
Another resident felt what Charleston Township residents want, not what an outside company wants, should be considered.
There were also concerns about ground water protection, and once the land is put into Light Industrial it will never be returned to agriculture.
Addressing storm water runoff concerns, Raleigh said the company would work with the County Road Commission, the Township engineer and State of Michigan to meet any requirements.
Vogt emphasized Interstate Capital is removing many permitted uses that could be placed in the parcel of land already zoned Light Industrial to address concerns by residents.
Township attorney T. Seth Koches reviewed multiple standards the Planning Commission should consider when making a recommendation to the township board. Those standards to consider included permitted uses in a Light Industrial zoned district; special land use exceptions; if the conditional zoning application is in compliance with the master plan and future land use map; is the re-zoning request consistent with zoning in the general area; how consistent will the conditional rezoning request be with general land use patterns in the area; sustainability of proposed uses in the zoning district; adequacy of public services; traffic impact consideration; reasonable use under the current zoning district; identify public needs; and citizen input.
When asked by a member of the audience what would happen if the township board denies the conditional re-zoning application, Raleigh said what the company is currently pursuing is based on a desired tenant that would like to move in as well as what market research shows.
“We would have to go back to the drawing board and figure that out, but it would be a smaller foot print building, likely two buildings,” said Raleigh.
Udrys adds if the conditional re-zone application is denied by the township, the positive economic and financial benefits would be significantly lessened and Interstate Capital may have to consider more of the allowed uses in the I-1 zoning district. He said there will still be industrial activity on the corner currently zoned I-1 whether it’s Interstate Capital or someone else.
A site plan would still have to be submitted to the Township Board if the re-zoning is approved or denied, reflecting any adjustments that may be necessary if the conditional re-zone application is denied.
Township attorney T. Seth Koches (second from left) discusses the Interstate Capital conditional rezone application with the Charleston Township Planning Commission.
(Photo by Bruce Rolfe)
In other business covered at the August 18 meeting:
• The Planning Commission unanimously approved that Sue Balkema be appointed chairperson of the Planning Commission and Joan Orman appointed vice-chairperson.
• Moravek recommended if the township board does approve the Interstate Capital conditional zoning request, the Planning Commission should review the Master Plan to consider making changes that would align with the updated project.
• The Planning Commission unanimously approved that Sue Balkema be appointed chairperson of the Planning Commission and Joan Orman appointed vice-chairperson.
• Moravek recommended if the township board does approve the Interstate Capital conditional zoning request, the Planning Commission should review the Master Plan to consider making changes that would align with the updated project.
––––––––––––––––––––
Subscribe to the Legal News!
https://www.legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
