After authorizing the township attorney to prepare a re-zoning ordinance and conditional re-zoning agreement with Interstate Capital to rezone 51.69 acres of land from Ag-2 to I-1 at its regular meeting September 22, the Charleston Township Board unanimously approved both at its regular meeting October 27.
Interstate Capital would like to develop 79.94 acres at the corner of 40th Street and L Avenue. The company submitted a conditional re-zoning 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.
Interstate Capital plans to develop two structures to a maximum of 750,000 square feet each. The buildings would be constructed in phases.
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 rezoning a portion of the second parcel to light industrial, is needed to make the structures economically viable.
The first approved ordinance is to amend the zoning map to reflect re-zoning 51.69 acres of land from Ag-2 to I-1.
Charleston Township Attorney Rob Thall said if Interstate Capital does not comply with the restrictions and timelines in the ordinance, the property reverts back to its original zoning district.
The conditional re-zoning agreement with Interstate Capital was also unanimously approved.
The conditions Interstate Capital agreed to and are bound to, are incorporated into the conditional re-zoning agreement.
The ordinance and conditional re-zoning agreement are effective eight days after publication.
For conditional re-zoning Interstate Capital will still need to go through a site approval process.
Battery Energy Storage Systems, Data Center Moratoriums Approved
The Charleston Township Board unanimously approved separate moratoriums for Battery Energy Storage Systems and Data Centers.
Township Attorney Robert Thall said under Public Act 233, for a 50 megawatt solar project, 50 megawatt or more battery project and 100 megawatt or more wind energy project, a developer can go directly to the Michigan Public Service Commission (MPSC) for approval, bypassing local zoning.
However he said most developers want to work with local municipalities because going through the State process can take a lot of time with more procedures required. Plus, if a developer applies through the (MPSC) for approval, the developer faces an added one time cost up to $75,000 per affected local unit of government (with a cap of $150,000 in total).
The Planning Commission will now consider the Battery Energy Storage System moratorium that would go into a zoning ordinance. The moratorium zoning ordinance would come back to the township board to consider when a workable ordinance, which is more stringent then the State regulation, could be considered and adopted.
While the Battery Energy Storage System moratorium is subject to preemption, Thall said the Data Center restrictions do not fall under the township’s zoning ordinance.
Because the township is subject to exclusionary claims, the Planning Commission will review options allowed that can be placed in the moratorium ordinance.
Proposed Road Improvement Projects Reviewed
Charleston Township Supervisor Jerry Vander Roest identified four road improvement projects he asked the Board to consider. The road improvements covering 2.4 miles would cost $96,000.
The Township will use money out of its road fund and the County Road Commission will match another $59,900, to pay for the projects.
Proposed improvements would include chip seal projects on 38th Street south of MN Avenue; all of Miller Drive; a section of Ambling near G-A High School, and crack fill on Climax Drive.
The Township will consider approving the road improvement projects at its next meeting.
Vander Roest said the RCKC performed a double chip seal project on ML Avenue, however he has asked the County if an additional two inches of overlay can be applied, and if so what the cost would be. He said Neighborhood Road funds would be available to pay for the improvement.
Township Board Does Not Accept GLSWA Settlement Offer
The Township Board unanimously a recommendation by Vander Roest the Township does not accept the Gull Lake Sewer Water Authority settlement offer.
Vander Roest said the proposed settlement from the GLSWA Director was for $7,793.76.
Vander Roest said one part of the agreement when the township was using GLSWA for services, was providing an Asset Management Plan he said the township paid approximately $15,000 for but has not yet received.
The Township supervisor feels the State of Michigan will eventually require an AMP report. He said the township will face paying for another AMP report if the GLSWA does not provide one.
Vander Roest said he also asked the GLSWA for the cost of a meter and the cost to install the meter after the meter in the township broke.
Vander Roest was also seeking the GLSWA audits for the years 2019 through 2021.
Charleston Township currently operates and maintains its own sewer system, however Vander Roest said the GLSWA operated and oversaw the Charleston Township sewer system for a period of about 2 1/2 years.
The Climax Crescent reached out to the Gull Lake Sewer and Water Authority but did not receive a call back as of noon Tuesday.
In other items covered at the October 27 meeting:
• The Board unanimously approved a special warranty deed from Target to the township for property where the township has a lift station and equipment for $1. The Township did pay for land survey costs.
For some reason the small piece of land that has Charleston Township water system equipment on wasn’t separated out in 2000 when Target purchased the property near the lift station. The small piece of land is approximately 65’ x 71’.
• The Township Board unanimously approved a Fire Authority Amendment.
• The Township Board unanimously approved a recommendation from the water operator to insulate the north well house building. The cost of the $855.95, which does not include labor.
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