Michael Vogt, legal counsel for Interstate Capital, reviews the revised conditional rezoning request at a public hearing July 28 at the Charleston Township Planning Commission meeting.
By Bruce Rolfe
While it was initially thought a rescheduled Planning Commission Public Hearing July 28 for a conditional rezoning application by Interstate Capital would bring some clarity after the public hearing was postponed July 21, Charleston Township residents and Interstate Capital officials will have to wait at least another month for an answer due to some unexpected events.
Charleston Township Planning Commission Chairman Tim Vosburg, a member of the Planning Commission since July, 2014 and the Planning Commission chairman since 2020, passed away July 22. Charleston Township Supervisor Jerry Vander Roest announced at the regular township board meeting earlier in the day Planning Commission member Don Kramer was hospitalized, and Joan Orman, also a Planning Commission member, would not be able to attend the July 28 public hearing and meeting.
With just four of the seven member board available, the Planning Commission unanimously approved to postpone deliberation and a decision on the conditional rezoning request until the August 18 Planning Commission meeting.
While a decision was tabled until the next Planning Commission meeting, a public hearing was held.
Planning Commission member Sue Balkema served as acting chairperson.
Representatives from Interstate Capital made a presentation and approximately 40 audience members were given the opportunity to ask questions and provide feedback about a proposed development Interstate Capital would like to pursue at the corner of 40th Street and L Avenue and on L Avenue in Charleston Township.
Greg Dilone, managing partner of Interstate Capital, Michael Vogt, legal counsel for Interstate Capital, Darius Udrys, director of communications for Interstate Capital, and Jason Raleigh, Interstate Capital director of engineering, reviewed the company’s revised plan Interstate Capital hopes will address some earlier concerns when the Township Planning Commission recommended the township board deny a petition request by Interstate Capital to rezone a parcel of land for the proposed development at a public hearing May 26.
The plan calls for developing 79.94 acres at the corner of 40th Street and L Avenue and consideration of re-zoning 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 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 original rezoning request called to rezone the entire parcel currently zoned Ag-2 to Light Industrial with no conditions attached.
Interstate Capital would like to purchase the two parcels but is requesting the zoning be changed before the purchase is finalized.
Interstate Capital withdrew the original request and submitted a revised plan the company hopes will address some earlier concerns.
Vogt said the company is now proposing a split-zone plan to take approximately 25 acres that was originally proposed to be in the light-industry rezoned area, out of the request and keep the section of land in Ag-2 zoning.
He said the company would place a development restriction on the 25 acres that prevents any other usage then what it is currently used for. The attorney adds the untouched land would also serve as a buffer to adjoining property.
Udrys said Interstate Capital is open to a discussion with the Township about potential ways the 25 acres left in AG-2 could be put to community use.
Interstate Capital has proposed reducing the size of the two proposed buildings that would be developed in phases, to 750,000 square feet.
Vogt adds Interstate Capital is proposing a six-foot berm with evergreens as an additional buffer between the edge of the development and the remaining agricultural land, which would be maintained by the company.
The Interstate Capital Legal Counsel said other restrictions the company added include:
• The property or any portion of the property proposed to be rezoned can not be used for a data center facility now or in the future.
• Removed any potential for any use or accessory uses associated with the keeping of animals.
• Removed any potential for a builder supply sales and lumber yard.
• Removed any potential for a Contractor’s equipment yard
• Removed Institutional or public uses.
• Removed any machine shop, machinery and heavy equipment sales/service.
• Removed any Public utility service facilities.
Interstate Capital also included language that notes no special exception uses are being proposed that would otherwise be allowed under Light Industrial.
Vogt adds the company has also proposed increasing the setback more then nine times then is required under the ordinance, and no lighting within 250 feet of the eastern property line.
All truck traffic will enter and exit the development on 40th Street, with no entrances for trucks or employees proposed on L Avenue.
However 12 people in a large audience who spoke at the July 28 public hearing, had general questions they hoped to have answered, were against the project or still had concerns.
Most of the objections and concerns came from residents who live in the Lakeview Meadows Housing subdivision. Their concerns focused on concerns about removing prime agriculture soil, storm water run off, increased industrial noise, disrupting a quiet, natural environment, the project may conflict with the township’s master plan, decreased property values, undeveloped property near the proposed development site may be difficult to sell for housing development as well questions about a taxable value figure Interstate Capital provided.
“There’s a reason that this is being contested as much as it is. We moved out here for a reason. There’s nowhere else in the county that you can go a mile and a half without crossing another road after you leave L Avenue, other then Lakeview Meadows. Our place is very special to all of us. What you’re asking us to do is change something that’s got a 20-year plan,” said Michael Morrell, president of the Lakeview Meadows Association representing 43 homeowners in the Lakeview Meadows Housing subdivision.
“According to your master plan, the property is still productive farm land. It’s still bordered by homes. It’s still bordered by agricultural land and the township’s master plan is still current. I don’t think this justifies changing the plan to industrial,” said Travis Wetherill, a resident in Lakeview Meadows.
“Yes, we have not developed the lot off of Lakeview Meadows for Phase two or three yet. But if you build this they will never be developed because no one will purchase them living underneath a warehouse facility,” adds Sandy Wiles, who also lives in the Lakeview Meadows subdivision.
Two audience members felt the project would benefit the township.
Derek Wissner, associate broker from Callender Commercial and represents the seller of the land, said his previous experience with the Interstate Capital team has been positive, noting when the company says it will do something they keep that promise.
He adds there’s is a big demand for the type of warehouses Interstate Capital is proposing to develop in Charleston Township. He felt if a company can’t find a location suitable for its needs, they will turn to other areas in Michigan or other states.
He felt confident the two buildings Interstate Capital is proposing to be built will be leased before they are completely built.
A representative from Southwest Michigan First felt preserving the current economic climate and even improving it is important for long term survival. He said some of the communities who have declined have lost a major employer. He agreed there is a shortage of industrial land for
development in Kalamazoo County and Southwest Michigan, noting when companies do not have places to grow and don’t have ready to go buildings, they will move somewhere else.
When explaining the additional tax revenue the company said Charleston Township will enjoy, Vogt said the $60,000-$80,000 in additional taxable revenue for the township is the estimated revenue after the millage rate the township receives is applied. A large amount of tax revenue goes to the county and KRESA. It was pointed out the $60,000-$80,000 in estimated additional tax revenue for the township is more then 10 percent of the township’s general fund budget.
“A fair estimate of the amount they will pay (in total property taxes) is more like $700,000. It would take 60 plus one million dollar homes to get into that range of taxes before that same amount of revenue flows through the township taxes because a lot of it gets taken to the county and schools,” the company’s legal counsel said.
Addressing the height of the proposed buildings, Raleigh said the height of the buildings will be 36 feet but any building site plan would have to meet the township ordinance requirements for setbacks and heights.
When discussing concerns about the view for some Lakeview Meadows subdivision homeowners, it was noted by the Interstate Capital team the berm height is six feet.
When looking at previous concerns about foot candle lighting throw, Raleigh said a 425 foot no build zone, landscaping berm and trees, and an additional 250-foot buffer will place the lighting over 600 feet from the nearest location in the area. He said currently, the closest back yard that is built would be approximately 2400 feet and the nearest back yard on a potential future undeveloped lot, would be 700 feet.
Vogt adds the current development would sit nearly one-half a mile from the closest yard. He felt with berms and sound mitigation, the company will be operating within the standards of the township’s noise ordinance.
Township attorney Rob Thall said any tax abatement request would go through the township board.
Raleigh said the company currently does not have any developments that have 24-hour traffic.
Storm water management was also a concern for many residents in the Lakeview Meadows housing development.
Raleigh said many municipalities require an industrial type of operation with regular truck use, to have a treatment type of device on site. He said the company would have to work with the township engineers and County Drain office to determine what their regulations are.
Raleigh adds because there is no outlet option, storm water run off would be managed on site. Raleigh said rain water run off will be managed through piping and storm water basins with the water eventually going into the ground.
Thall said any concerns about storm water run off could be part of the site review process when the Planning Commission could place conditions on the site plan if it gets that far.
Raleigh said Interstate Capital agreed to extend water service to the property line for any future development in the Lakeview Meadows subdivision.
Udrys told the audience and Planning Commission the development is about creating opportunities.
He adds with financial pressures on local governments increasing in the future, inflation outpacing revenue in many municipalities, and tax increases capped by the Headlee Amendment, it is a challenge for tax revenue to keep up with costs.
Udrys said the $80 million investment into the Township is anticipated to create 100 to 200 jobs, besides the projected $60,000-$80,000 annually in tax revenue for the Township.
Burt Gale, of AGS, the company who provides permit, zoning and ordinance services for Charleston Township, reviewed the possible uses that will remain with the rezone request.
Thall said the conditional rezoning request places restrictions and limitations on the rezoned property. Thall said if the property did get rezoned and the owners did not abide to the restrictions, the property would return zoned back to its original zoning district.
Thall advised the Planning Commission, the Commission and Township Board has to consider the following factors:
• All of the conditional uses when considering rezoning.
• Compliance with the master plan. How does it comply with the mast plan?
• Consistency with zoning in the general area. Consistency and compatibility with general land use patterns in the area.
• Suitability of the proposed uses in the zoning district.
• Adequacy of public services.
• Traffic.
• Reasonable use under the current zoning district.
• Is there an identifiable public need what the company is proposing for the rezoned property.
• Citizen opposition.
If the Planning Commission makes a recommendation to approve the conditional rezone request, the Township Board will consider the application, If the Township Board approves the rezoning request, a site plan review is required. If the Township Board approves a site plan, the developer could move forward with the development.
While it was initially thought a rescheduled Planning Commission Public Hearing July 28 for a conditional rezoning application by Interstate Capital would bring some clarity after the public hearing was postponed July 21, Charleston Township residents and Interstate Capital officials will have to wait at least another month for an answer due to some unexpected events.
Charleston Township Planning Commission Chairman Tim Vosburg, a member of the Planning Commission since July, 2014 and the Planning Commission chairman since 2020, passed away July 22. Charleston Township Supervisor Jerry Vander Roest announced at the regular township board meeting earlier in the day Planning Commission member Don Kramer was hospitalized, and Joan Orman, also a Planning Commission member, would not be able to attend the July 28 public hearing and meeting.
With just four of the seven member board available, the Planning Commission unanimously approved to postpone deliberation and a decision on the conditional rezoning request until the August 18 Planning Commission meeting.
While a decision was tabled until the next Planning Commission meeting, a public hearing was held.
Planning Commission member Sue Balkema served as acting chairperson.
Representatives from Interstate Capital made a presentation and approximately 40 audience members were given the opportunity to ask questions and provide feedback about a proposed development Interstate Capital would like to pursue at the corner of 40th Street and L Avenue and on L Avenue in Charleston Township.
Greg Dilone, managing partner of Interstate Capital, Michael Vogt, legal counsel for Interstate Capital, Darius Udrys, director of communications for Interstate Capital, and Jason Raleigh, Interstate Capital director of engineering, reviewed the company’s revised plan Interstate Capital hopes will address some earlier concerns when the Township Planning Commission recommended the township board deny a petition request by Interstate Capital to rezone a parcel of land for the proposed development at a public hearing May 26.
The plan calls for developing 79.94 acres at the corner of 40th Street and L Avenue and consideration of re-zoning 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 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 original rezoning request called to rezone the entire parcel currently zoned Ag-2 to Light Industrial with no conditions attached.
Interstate Capital would like to purchase the two parcels but is requesting the zoning be changed before the purchase is finalized.
Interstate Capital withdrew the original request and submitted a revised plan the company hopes will address some earlier concerns.
Vogt said the company is now proposing a split-zone plan to take approximately 25 acres that was originally proposed to be in the light-industry rezoned area, out of the request and keep the section of land in Ag-2 zoning.
He said the company would place a development restriction on the 25 acres that prevents any other usage then what it is currently used for. The attorney adds the untouched land would also serve as a buffer to adjoining property.
Udrys said Interstate Capital is open to a discussion with the Township about potential ways the 25 acres left in AG-2 could be put to community use.
Interstate Capital has proposed reducing the size of the two proposed buildings that would be developed in phases, to 750,000 square feet.
Vogt adds Interstate Capital is proposing a six-foot berm with evergreens as an additional buffer between the edge of the development and the remaining agricultural land, which would be maintained by the company.
The Interstate Capital Legal Counsel said other restrictions the company added include:
• The property or any portion of the property proposed to be rezoned can not be used for a data center facility now or in the future.
• Removed any potential for any use or accessory uses associated with the keeping of animals.
• Removed any potential for a builder supply sales and lumber yard.
• Removed any potential for a Contractor’s equipment yard
• Removed Institutional or public uses.
• Removed any machine shop, machinery and heavy equipment sales/service.
• Removed any Public utility service facilities.
Interstate Capital also included language that notes no special exception uses are being proposed that would otherwise be allowed under Light Industrial.
Vogt adds the company has also proposed increasing the setback more then nine times then is required under the ordinance, and no lighting within 250 feet of the eastern property line.
All truck traffic will enter and exit the development on 40th Street, with no entrances for trucks or employees proposed on L Avenue.
However 12 people in a large audience who spoke at the July 28 public hearing, had general questions they hoped to have answered, were against the project or still had concerns.
Most of the objections and concerns came from residents who live in the Lakeview Meadows Housing subdivision. Their concerns focused on concerns about removing prime agriculture soil, storm water run off, increased industrial noise, disrupting a quiet, natural environment, the project may conflict with the township’s master plan, decreased property values, undeveloped property near the proposed development site may be difficult to sell for housing development as well questions about a taxable value figure Interstate Capital provided.
“There’s a reason that this is being contested as much as it is. We moved out here for a reason. There’s nowhere else in the county that you can go a mile and a half without crossing another road after you leave L Avenue, other then Lakeview Meadows. Our place is very special to all of us. What you’re asking us to do is change something that’s got a 20-year plan,” said Michael Morrell, president of the Lakeview Meadows Association representing 43 homeowners in the Lakeview Meadows Housing subdivision.
“According to your master plan, the property is still productive farm land. It’s still bordered by homes. It’s still bordered by agricultural land and the township’s master plan is still current. I don’t think this justifies changing the plan to industrial,” said Travis Wetherill, a resident in Lakeview Meadows.
“Yes, we have not developed the lot off of Lakeview Meadows for Phase two or three yet. But if you build this they will never be developed because no one will purchase them living underneath a warehouse facility,” adds Sandy Wiles, who also lives in the Lakeview Meadows subdivision.
Two audience members felt the project would benefit the township.
Derek Wissner, associate broker from Callender Commercial and represents the seller of the land, said his previous experience with the Interstate Capital team has been positive, noting when the company says it will do something they keep that promise.
He adds there’s is a big demand for the type of warehouses Interstate Capital is proposing to develop in Charleston Township. He felt if a company can’t find a location suitable for its needs, they will turn to other areas in Michigan or other states.
He felt confident the two buildings Interstate Capital is proposing to be built will be leased before they are completely built.
A representative from Southwest Michigan First felt preserving the current economic climate and even improving it is important for long term survival. He said some of the communities who have declined have lost a major employer. He agreed there is a shortage of industrial land for
development in Kalamazoo County and Southwest Michigan, noting when companies do not have places to grow and don’t have ready to go buildings, they will move somewhere else.
When explaining the additional tax revenue the company said Charleston Township will enjoy, Vogt said the $60,000-$80,000 in additional taxable revenue for the township is the estimated revenue after the millage rate the township receives is applied. A large amount of tax revenue goes to the county and KRESA. It was pointed out the $60,000-$80,000 in estimated additional tax revenue for the township is more then 10 percent of the township’s general fund budget.
“A fair estimate of the amount they will pay (in total property taxes) is more like $700,000. It would take 60 plus one million dollar homes to get into that range of taxes before that same amount of revenue flows through the township taxes because a lot of it gets taken to the county and schools,” the company’s legal counsel said.
Addressing the height of the proposed buildings, Raleigh said the height of the buildings will be 36 feet but any building site plan would have to meet the township ordinance requirements for setbacks and heights.
When discussing concerns about the view for some Lakeview Meadows subdivision homeowners, it was noted by the Interstate Capital team the berm height is six feet.
When looking at previous concerns about foot candle lighting throw, Raleigh said a 425 foot no build zone, landscaping berm and trees, and an additional 250-foot buffer will place the lighting over 600 feet from the nearest location in the area. He said currently, the closest back yard that is built would be approximately 2400 feet and the nearest back yard on a potential future undeveloped lot, would be 700 feet.
Vogt adds the current development would sit nearly one-half a mile from the closest yard. He felt with berms and sound mitigation, the company will be operating within the standards of the township’s noise ordinance.
Township attorney Rob Thall said any tax abatement request would go through the township board.
Raleigh said the company currently does not have any developments that have 24-hour traffic.
Storm water management was also a concern for many residents in the Lakeview Meadows housing development.
Raleigh said many municipalities require an industrial type of operation with regular truck use, to have a treatment type of device on site. He said the company would have to work with the township engineers and County Drain office to determine what their regulations are.
Raleigh adds because there is no outlet option, storm water run off would be managed on site. Raleigh said rain water run off will be managed through piping and storm water basins with the water eventually going into the ground.
Thall said any concerns about storm water run off could be part of the site review process when the Planning Commission could place conditions on the site plan if it gets that far.
Raleigh said Interstate Capital agreed to extend water service to the property line for any future development in the Lakeview Meadows subdivision.
Udrys told the audience and Planning Commission the development is about creating opportunities.
He adds with financial pressures on local governments increasing in the future, inflation outpacing revenue in many municipalities, and tax increases capped by the Headlee Amendment, it is a challenge for tax revenue to keep up with costs.
Udrys said the $80 million investment into the Township is anticipated to create 100 to 200 jobs, besides the projected $60,000-$80,000 annually in tax revenue for the Township.
Burt Gale, of AGS, the company who provides permit, zoning and ordinance services for Charleston Township, reviewed the possible uses that will remain with the rezone request.
Thall said the conditional rezoning request places restrictions and limitations on the rezoned property. Thall said if the property did get rezoned and the owners did not abide to the restrictions, the property would return zoned back to its original zoning district.
Thall advised the Planning Commission, the Commission and Township Board has to consider the following factors:
• All of the conditional uses when considering rezoning.
• Compliance with the master plan. How does it comply with the mast plan?
• Consistency with zoning in the general area. Consistency and compatibility with general land use patterns in the area.
• Suitability of the proposed uses in the zoning district.
• Adequacy of public services.
• Traffic.
• Reasonable use under the current zoning district.
• Is there an identifiable public need what the company is proposing for the rezoned property.
• Citizen opposition.
If the Planning Commission makes a recommendation to approve the conditional rezone request, the Township Board will consider the application, If the Township Board approves the rezoning request, a site plan review is required. If the Township Board approves a site plan, the developer could move forward with the development.
Pictured is a portion of the approximately 40 people who attended the July 28 Charleston Township Planning Commission meeting.
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