WINDSOR CHARTER TOWNSHIP PLANNING COMMISSION

PUBLIC HEARING – MARLEY CROPS LLC CHANGE OF ZONING

 PUBLIC HEARING – MARLEY CROPS LLC SPECIAL USE PERMIT

PUBLIC HEARING – SPTP VENTURES SPECIAL USE PERMIT

AND REGULAR MEETING

 May 11, 2022 – MEETING ROOM

APPROVED

 

The regular meeting of the Windsor Charter Township Planning Commission was called to order at 7:00 pm by Chairperson Holtz.

 

Present:  Holtz, Johnson, Pray, Bowen and Barnhart-Smith

Absent:  Fabijancic and Sabourin

Also Present:  Supervisor Slucter, Asst Chief Fabijancic and Clerk Rumsey

 

Johnson moved and Barnhart-Smith seconded to approve the agenda as written.  Motion Carried.

 

Bowen moved and Barnhart-Smith seconded to approve the minutes of the previous meeting as written.  Motion Carried.

 

The Public Hearing for Marley Crops Change of Zoning request was called to order by Chairperson Holtz at 7:01 pm.

 

Almer Alame, from Marley Crops gave a presentation, showing color coded maps of the surrounding areas of the proposed rezoning request.  Discussed the property on either side of proposed rezoning as being zoned M-1 or B2.

 

Frank Rappe, 8565 Ironstone Dr – Questioned the use of the existing driveway through the proposed property to be rezoned.  Response was given by Almer Alame, there will be no business use through existing drive out to Ironstone Dr., ingress and egress will be on Lansing Road.

 

Chairperson Holtz read portion of letter that pertained to the Change of Zoning request from nearby landowner, Elizabeth Angst – She objects since there is residential all around this area.

 

Supervisor Slucter spoke briefly on zoning in the area.

 

With no more comments or questions from the public, Chairperson Holtz closed the public hearing for Marley Crops Change of Zoning request at 7:07 pm.

 

The Public Hearing for Marley Crops LLC Special Use Permit request was called to order by Chairperson Holtz at 7:07 pm.

 

Almer Alame, from Marley Crops presented a layout of the proposed site plan.  Plans are to build a 52,141 sq ft cannabis cultivation facility.  The building and parking lot to be constructed closer to Lansing Road and the existing B-2 and M-1 properties.  The parcel is large enough to allow for space and buffers between the building and the residential areas to the West and South.

 

Frank Rappe, 8565 Ironstone Dr – Asked about Security.  Almer Alame responded, the building itself will be of sturdy construction, there will be 24-hour security onsite, keycard access and strongly considering installing fencing.

 

Chairperson Holtz read the balance of letter from nearby landowner, Elizabeth Angst – She objects to constructing a large building near a residential area.  How will this effect the two (2) lakes from any residue, etc. Also, she has 22.09 acres Southwest of the proposed area that she will be developing in the near future, building 30-35 residential homes.  The proposed project will certainly lower the value of her property.

 

With no more comments or questions from the public, Chairperson Holtz closed the public hearing for Marley Crops Special Use request at 7:14 pm.

 

The Public Hearing for SPTP Ventures LLC Special Use Permit request was called to order by Chairperson Holtz at 7:14 pm.

 

David Laux, general contractor for SPTP Ventures LLC stated they will be renovating suites B, C & D, approximately 35,000 sq ft, of an existing marihuana building on Lot #5 Harvest Park for a cannabis cultivation facility.

 

With no comments or questions from the public, Chairperson Holtz closed the public hearing for Marley Crops Special Use Permit at 7:15 pm.

 

Reports:

      Board of Trustees:  1) Adopted Ordinance 48, an amendment to Ordinance No. 45. 2) Renewed Special Use Permits.  3) Approved cannabis licensing permits. 4) Amended Fees for 2022, adding fees for zoning compliance letters. 5) Approved an appropriation to the Library to help fund ADA doors for the Library and Township office. 

 

      Board of Appeals:  Held public hearing and approved variance on front and side setbacks along with lot widths for two properties on Davis Hwy.

 

      Board of Review:  None

 

      Reports & Announcement:  None

 

Hear Public present on agenda items:  None

 

New Business:

A review was conducted on Premier Meds Special Use Permit.  Holtz moved and Johnson seconded to recommend approval to the Township Board on Premier Meds Special Use Permit for another year, as they have met requirements.

Ayes:  Barnhart-Smith, Johnson, Holtz, Pray and Bowen

Nays:  None

Absent: Fabijancic and Sabourin

Motion Carried.

 

Lot 4 in Harvest Park is under new ownership, Transcend DVentures.  The new owners have signed an Acknowledgement and Consent to be Bound by Special Use Permit.  Violations and false fire alarms under previous ownership was discussed and have since been cleared up.  Everything seems to be going well under new ownership.  Bowen moved and Johnson seconded to recommend approval to the Township Board on Transcend DVentures Special Use Permit for another year, as they are meeting requirements.

Ayes:  Barnhart-Smith, Johnson, Holtz, Pray and Bowen

Nays:  None

Absent: Fabijancic and Sabourin

Motion Carried.

 

Lot 7 in Harvest Park is under new ownership, NRF Enterprises, previous owner Bay County Holdings.  NRF Enterprises have signed an Acknowledgement and Consent to be Bound by Special Use Permit.  Holtz moved and Pray seconded to recommend approval to the Township Board on NRF Enterprises Special Use Permit for another year.

Ayes:  Barnhart-Smith, Johnson, Holtz, Pray and Bowen

Nays:  None

Absent: Fabijancic and Sabourin

Motion Carried.

 

Unfinished Business:

Marley Crops LLC is requesting to change the proposed Parcel No. 080-009-300-094-01 zoning from R1C (One-Family Medium Density Residential) to M-1 (Industrial).  The current zoning for properties in the area of the proposed rezoning was discussed.  Consideration was given to the residential areas.  Pray moved and Johnson seconded to recommend to the Township Board to approve the Change of Zoning request for Parcel No. 080-009-300-094-01 from R1C to M-1 based on the following reasoning:  1) The Planning Commission finds the rezoning to be appropriate as it is consistent with the zoning in the area and the Master Plan.

Ayes:  Barnhart-Smith, Johnson, Holtz, Pray and Bowen

Nays:  None

Absent: Fabijancic and Sabourin

Motion Carried.

 

A Special Use Permit is being requested by Marley Crops LLC for 6482 Lansing Road (Parcel 080-009-300-062-00) to construct a 52,141 sq foot cannabis cultivation facility.   Attention was given to location of the facility on the property, as being closer to Lansing Road and properties zoned B-2 and M-1.  The advancements in technology concerning new state of the art HVAC systems for mitigating odor was discussed.  Bowen moved and Pray seconded to recommend to the Township Board approval of Marley Crops LLC Special Use Permit at 6482 Lansing Road for a cannabis cultivation facility based on the following reasoning:  1) Subject to the conditions provided below, it is found that the petitioned special land use meets the general standards as provided for in Article VIII of the Ordinance.  2) Subject to the conditions provided below, it is found that the preliminary site plan for a light manufacturing facility generally meets the general standards as provided for M-1 District and site development requirements set for under Section 5.8-A.3.  Conditions: 1) A final site plan shall be submitted for final approval by the Planning Commission.

Ayes:  Barnhart-Smith, Johnson, Holtz, Pray and Bowen

Nays:  None

Absent: Fabijancic and Sabourin

Motion Carried.

 

Discussion was held on SPTP Ventures Special Use Permit request for a cannabis cultivation facility in an existing structure, 10260 Harvest Park, Suites B, C & D.  Holtz moved and Bowen seconded to recommend to the Township Board approval of SPTP Ventures Special Use Permit for a cannabis cultivation facility at 10260 Harvest Park, Suites B, C & D (Parcel 080-002-100-022-06) based on the following reasoning: 1) Subject to the conditions provided below, it is found that the petitioned special land use meets the general standards as provided for in Article VIII of the Ordinance.  2)  It is found that the preliminary site plan for a light manufacturing facility generally meets the general standards as provided for M-1 District and site development requirements set for under Section 5.8-A.3 and Sections 6.8.9 of the Ordinance. 

Ayes:  Barnhart-Smith, Johnson, Holtz, Pray and Bowen

Nays:  None

Absent: Fabijancic and Sabourin

Motion Carried.

 

Final Site Plan review was conducted on Suites B, C & D of 10260 Harvest Park (Parcel 080-002-100-022-06).  Holtz moved and Johnson seconded to approve SPTP Ventures final Site Plan for a cannabis cultivation facility in an existing structure at 10260 Harvest Park, Suite B, C & D (Parcel 080-002-100-022-06) based on the following reasoning:  1) Subject to the conditions provided below, it is found that the petitioned special land use meets the general standards as provided for in Article VIII of the Ordinance.  2)  Subject to the conditions provided below, it is found that the preliminary site plan for a light manufacturing facility generally meets the general standards as provided for M-1 District and site development requirements set forth under Section 5.8-A.3.  Conditions:  1) The property owner or designated representative is responsible for coordinating fire inspections between Bureau of Fire Services (BFS) Marijuana Unit and Windsor Township Emergency Services (WTES).  2) The property owner or designated representative is responsible for coordinating Sprinkler system and Fire Alarm System inspections between Eaton County Construction Codes Department (ECCCD) and WTES.  3) The building cannot be occupied until the WTES inspections have been completed.  4)  The facility be made available for a tour by the Emergency Services Department personnel.  5) The Emergency Services Department will be provided a complete set of final construction plans and a fire inspection be completed prior to occupancy and to assist in fire preplanning.  6) They will be following Fire Codes: NFPA 1, 2015 Edition for the Township and the applicable NFPA 1 Edition for the State of Michigan.  7) Provide completion date.

Ayes:  Barnhart-Smith, Johnson, Holtz, Pray and Bowen

Nays:  None

Absent: Fabijancic and Sabourin

Motion Carried.

 

Pray moved and Bowen seconded to set Public Hearing for the Master Plan and Zoning Ordinance during the regular Planning Commission meeting on Wednesday, June 8, 2022, at 7:00 pm. Motion Carried.

 

Hear Public present on any subject:  Public comment heard.

 

With no further business Chairperson Holtz adjourned the meeting at 7:56 pm.

 

                                                                                    Lisa A. Rumsey, Clerk

                                                                                    Windsor Charter Township