Interstate Capital Director of Engineering Jason Raleigh reviews a map of a proposed development in Charleston Township at the September 22 Charleston Township Board meeting.
By Bruce Rolfe
The Charleston Township Board unanimously authorized 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 Township Board faced the decision after the Planning Commission arrived at a no recommendation decision based on a 3-3 vote with one member absent at the August Planning Commission meeting.
By approving the conditional rezoning request, the Board authorized Charleston Township attorney Robert Thall to prepare a re-zoning ordinance to move the parcel of land from Ag-2 to I-1 along with a conditional re-zoning agreement that includes the terms and conditions agreed to by Interstate Capital for the Board to consider at its next meeting.
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 projects 100-200 new jobs in each building.
The two structures will primarily be 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.
After the township board adopts the conditional rezone ordinance, a site plan review would have to be reviewed and approved by the Planning Commission.
Thall explained Interstate Capital will have a timeline to take action on the conditions in the agreement. He said if the company does not take action within the timeline, the property would default back to the original zoning. The township attorney adds if the company violates any of the terms, they are all enforceable terms, and can also cause a default to return the land to its original zoning.
Thall adds if the ordinance is adopted there is a right of a referendum that allows citizens to collect signatures and have the issue placed on a ballot for township residents to decide on the ordinance.
According to the Kalamazoo County Clerk and Register of Deeds office, if the Township adopts and publishes the rezoning ordinance, a referendum petition would require valid signatures equal to at least 15% of the total votes cast in Charleston Township for all candidates for governor at the last gubernatorial general election (November 8, 2022, General Election). The Clerk and Register Deeds office said the official results show 1,045 votes were cast for governor in Charleston Township in 2022, which would make the threshold 157 valid signatures for a referendum ballot.
If there is no referendum ballot issue, Interstate Capital will submit a site plan review for the Planning Commission to consider. Thall said the Planning Commission could place additional conditions on the site plan for public health, safety, and welfare concerns.
Thall explained when considering rezoning there are 10 standards to base a decision whether to move forward with the rezoning and the conditional rezoning agreement. If the board voted to deny the conditional rezoning request, a reason based on the 10 standards, would have to be stated. The board also had the option of tabling the decision until a future meeting.
The 10 items Thall said the Board needed to consider when making a decision include: all uses in the proposed zoning district; compliance with the master plan; consistency with zoning in the general area; consistency and compatibilities for general land use patterns in the area; suitability of proposed uses in the zoning district; adequacy of public services; traffic; reasonable use under the current zoning district; identifiable public need; and considering citizen opposition.
All Township Board members felt the standards were addressed, however there was some concern with traffic congestion during certain times of the day.
“For a township as a whole, we’ve got to look at our financial condition. What we have. What’s good for the township long term. What’s good for our families. They’re going to need jobs. I think this is probably an opportunity for us, the next step for our township to meet the whole township. All 1900 people, even those that are not represented here. We’re trying to provide the best we can for them,” said Charleston Township Supervisor Jerry VanderRoest.
The township also sent 41 questions to Interstate Capital and Interstate Capital answered all 41 questions before the September 22 meeting. The questions and answers are currently on the township’s website. Copies of the questions and answers are also available at the township hall.
One of the questions surrounded tax exemptions, which Vander Roest said he would be against because “the local units take the biggest hit.”
Interstate Capital said in its response “Interstate Capital or its future tenant, may apply for tax abatement/exemptions in the future depending on the tenant and the business being operated.”
Interstate Capital estimates to use 8000 to 10,000 gallons of water per day when both structures are developed.
Approximately 47 minutes was devoted to public input and many in the room full of people had concerns, questions or input.
Some in the audience stated they were against the development because it will be an eyesore, a risk of fire to neighboring homes in the Lakeview Meadows plat because of the height of the two proposed structures, traffic issues at the intersection of L and 40th Street, noise, property values could be lowered, ground water concerns, the re-zone request is not compliant with the township’s long range plan, why the buildings couldn’t be smaller, and one person felt more time was needed to discuss the request before taking a vote.
“We don’t know what they’re going to do. Originally they said there was going to be 100 to 200 employees. Now they’re saying there’s going to be up to 200 people per building. That’s 400 people. Are there 400 parking spots in those little areas you’ve got there? The numbers don’t work. And then if you take the low number of their water consumption, that they’re pumping towards you guys, 8000 gallons a day. That’s the low end. If you have the maximum number of employees, that’s 400 people. That’s 20 gallons per person, per day that are going to be used by these imaginary employees. This whole thing is pie in the sky. There’s too many things that we don’t know. You know what you have with Target. You know what you have with Eaton. But you’re going to change our lives forever if you rezone this,” said Michael Morrell, president of the Lakeview Meadows Association subdivision that is located next to the proposed development site.
Interstate Capital has agreed to 18 conditions that will be a part of the conditional rezoning ordinance. One of the conditions of the split-zone is the company will leave the easterly 424 feet of the property (approximately 25 acres) zoned for agriculture (Ag-2).
The remainder of the property shall remain zoned I-1.
The other conditions include limitations on development, limitation of uses, vegetative screening, lighting, no data center, traffic access to the property, vehicle usage on the property, no fuel filling stations on site, infrastructure upgrades, roads, no battery energy storage systems on the property, complaint resolution, drainage, wellhead protection, signage conditions, phasing for water infrastructure and landscape berming, power and gas lines.
Once the township board adopts the conditional re-zoning agreement, the 18 conditions stay with the property for perpetuity unless changed by the township board.
Derek Wissner, of Callender Commercial who represents the seller, said if the contract with the seller does not go through, a new buyer may not agree to the conditions Interstate Capital has agreed to and could build a development on the existing I-1 site without any of the conditions Interstate Capital has agreed to include in the conditional re-zone application.
Addressing some of the concerns, Michael Vogt, legal counsel for Interstate Capital, said the company has placed conditions in the agreement that removes almost all uses that could be done currently on the I-1 zoned property that have any hazardous use.
Vogt said when looking at property values, houses near Eaton are equal or stronger and felt light industrial use would not lower property values.
Vogt also noted the company is committed to an additional tree line on L Avenue and maintaining the existing tree line as screening to reduce visibility from the road. He adds there are no planned entrances on L unless one is required by the fire department.
A concept plan by the company shows an initial number of 60 truck bases at each structure.
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.
Trash Drop Off October 17
The Township will have a trash drop off and tire recycling opportunity October 17 at the Charleston Township Hall. The trash drop off, from 8 a.m.-noon, is available for township residents only.
The free tire drop off, from 1-5 p.m., is for township residents and City of Galesburg residents
Trash drop off price: Car - $10-$15, truck/small trailer - $30, double axle trailer - $40.
For the trash pickup:
• No tires, dead animals, yard waste, blocks/concrete, shingles, hazardous waste.
• Matresses and carpet accepted.
• Small, loose items must be bagged/boxed.
Refrigerant emitting appliances must have service tag attached showing unit has been discharged.
For the free tire drop off opportunity from 1-5 p.m. tires with rims will be accepted. No commercial business tires. No solid bobcat/forklift tires accepted.
The tire drop off opportunity is funded through a state grant the township secured.
• Fire Chief Kevin Roomsberg brought the new Galesburg-Charleston Township Fire Department fire truck to the meeting and reviewed all the features and capabilities the new truck has.
• Supervisor Jerry VanderRoest said the township audit was positive with no issues.
• VanderRoest said the township will be monitoring costs for the water system but warned based on the City of Kalamazoo’s anticipated increase on chemicals, an increase in water rates may be needed.
The Charleston Township Supervisor said currently, he does not anticipate an increase in sewer rates.
The Charleston Township Board unanimously authorized 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 Township Board faced the decision after the Planning Commission arrived at a no recommendation decision based on a 3-3 vote with one member absent at the August Planning Commission meeting.
By approving the conditional rezoning request, the Board authorized Charleston Township attorney Robert Thall to prepare a re-zoning ordinance to move the parcel of land from Ag-2 to I-1 along with a conditional re-zoning agreement that includes the terms and conditions agreed to by Interstate Capital for the Board to consider at its next meeting.
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 projects 100-200 new jobs in each building.
The two structures will primarily be 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.
After the township board adopts the conditional rezone ordinance, a site plan review would have to be reviewed and approved by the Planning Commission.
Thall explained Interstate Capital will have a timeline to take action on the conditions in the agreement. He said if the company does not take action within the timeline, the property would default back to the original zoning. The township attorney adds if the company violates any of the terms, they are all enforceable terms, and can also cause a default to return the land to its original zoning.
Thall adds if the ordinance is adopted there is a right of a referendum that allows citizens to collect signatures and have the issue placed on a ballot for township residents to decide on the ordinance.
According to the Kalamazoo County Clerk and Register of Deeds office, if the Township adopts and publishes the rezoning ordinance, a referendum petition would require valid signatures equal to at least 15% of the total votes cast in Charleston Township for all candidates for governor at the last gubernatorial general election (November 8, 2022, General Election). The Clerk and Register Deeds office said the official results show 1,045 votes were cast for governor in Charleston Township in 2022, which would make the threshold 157 valid signatures for a referendum ballot.
If there is no referendum ballot issue, Interstate Capital will submit a site plan review for the Planning Commission to consider. Thall said the Planning Commission could place additional conditions on the site plan for public health, safety, and welfare concerns.
Thall explained when considering rezoning there are 10 standards to base a decision whether to move forward with the rezoning and the conditional rezoning agreement. If the board voted to deny the conditional rezoning request, a reason based on the 10 standards, would have to be stated. The board also had the option of tabling the decision until a future meeting.
The 10 items Thall said the Board needed to consider when making a decision include: all uses in the proposed zoning district; compliance with the master plan; consistency with zoning in the general area; consistency and compatibilities for general land use patterns in the area; suitability of proposed uses in the zoning district; adequacy of public services; traffic; reasonable use under the current zoning district; identifiable public need; and considering citizen opposition.
All Township Board members felt the standards were addressed, however there was some concern with traffic congestion during certain times of the day.
“For a township as a whole, we’ve got to look at our financial condition. What we have. What’s good for the township long term. What’s good for our families. They’re going to need jobs. I think this is probably an opportunity for us, the next step for our township to meet the whole township. All 1900 people, even those that are not represented here. We’re trying to provide the best we can for them,” said Charleston Township Supervisor Jerry VanderRoest.
The township also sent 41 questions to Interstate Capital and Interstate Capital answered all 41 questions before the September 22 meeting. The questions and answers are currently on the township’s website. Copies of the questions and answers are also available at the township hall.
One of the questions surrounded tax exemptions, which Vander Roest said he would be against because “the local units take the biggest hit.”
Interstate Capital said in its response “Interstate Capital or its future tenant, may apply for tax abatement/exemptions in the future depending on the tenant and the business being operated.”
Interstate Capital estimates to use 8000 to 10,000 gallons of water per day when both structures are developed.
Approximately 47 minutes was devoted to public input and many in the room full of people had concerns, questions or input.
Some in the audience stated they were against the development because it will be an eyesore, a risk of fire to neighboring homes in the Lakeview Meadows plat because of the height of the two proposed structures, traffic issues at the intersection of L and 40th Street, noise, property values could be lowered, ground water concerns, the re-zone request is not compliant with the township’s long range plan, why the buildings couldn’t be smaller, and one person felt more time was needed to discuss the request before taking a vote.
“We don’t know what they’re going to do. Originally they said there was going to be 100 to 200 employees. Now they’re saying there’s going to be up to 200 people per building. That’s 400 people. Are there 400 parking spots in those little areas you’ve got there? The numbers don’t work. And then if you take the low number of their water consumption, that they’re pumping towards you guys, 8000 gallons a day. That’s the low end. If you have the maximum number of employees, that’s 400 people. That’s 20 gallons per person, per day that are going to be used by these imaginary employees. This whole thing is pie in the sky. There’s too many things that we don’t know. You know what you have with Target. You know what you have with Eaton. But you’re going to change our lives forever if you rezone this,” said Michael Morrell, president of the Lakeview Meadows Association subdivision that is located next to the proposed development site.
Interstate Capital has agreed to 18 conditions that will be a part of the conditional rezoning ordinance. One of the conditions of the split-zone is the company will leave the easterly 424 feet of the property (approximately 25 acres) zoned for agriculture (Ag-2).
The remainder of the property shall remain zoned I-1.
The other conditions include limitations on development, limitation of uses, vegetative screening, lighting, no data center, traffic access to the property, vehicle usage on the property, no fuel filling stations on site, infrastructure upgrades, roads, no battery energy storage systems on the property, complaint resolution, drainage, wellhead protection, signage conditions, phasing for water infrastructure and landscape berming, power and gas lines.
Once the township board adopts the conditional re-zoning agreement, the 18 conditions stay with the property for perpetuity unless changed by the township board.
Derek Wissner, of Callender Commercial who represents the seller, said if the contract with the seller does not go through, a new buyer may not agree to the conditions Interstate Capital has agreed to and could build a development on the existing I-1 site without any of the conditions Interstate Capital has agreed to include in the conditional re-zone application.
Addressing some of the concerns, Michael Vogt, legal counsel for Interstate Capital, said the company has placed conditions in the agreement that removes almost all uses that could be done currently on the I-1 zoned property that have any hazardous use.
Vogt said when looking at property values, houses near Eaton are equal or stronger and felt light industrial use would not lower property values.
Vogt also noted the company is committed to an additional tree line on L Avenue and maintaining the existing tree line as screening to reduce visibility from the road. He adds there are no planned entrances on L unless one is required by the fire department.
A concept plan by the company shows an initial number of 60 truck bases at each structure.
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.
Trash Drop Off October 17
The Township will have a trash drop off and tire recycling opportunity October 17 at the Charleston Township Hall. The trash drop off, from 8 a.m.-noon, is available for township residents only.
The free tire drop off, from 1-5 p.m., is for township residents and City of Galesburg residents
Trash drop off price: Car - $10-$15, truck/small trailer - $30, double axle trailer - $40.
For the trash pickup:
• No tires, dead animals, yard waste, blocks/concrete, shingles, hazardous waste.
• Matresses and carpet accepted.
• Small, loose items must be bagged/boxed.
Refrigerant emitting appliances must have service tag attached showing unit has been discharged.
For the free tire drop off opportunity from 1-5 p.m. tires with rims will be accepted. No commercial business tires. No solid bobcat/forklift tires accepted.
The tire drop off opportunity is funded through a state grant the township secured.
• Fire Chief Kevin Roomsberg brought the new Galesburg-Charleston Township Fire Department fire truck to the meeting and reviewed all the features and capabilities the new truck has.
• Supervisor Jerry VanderRoest said the township audit was positive with no issues.
• VanderRoest said the township will be monitoring costs for the water system but warned based on the City of Kalamazoo’s anticipated increase on chemicals, an increase in water rates may be needed.
The Charleston Township Supervisor said currently, he does not anticipate an increase in sewer rates.
Charleston Township attorney Robert Thall (second from left) reviews a document with the Charleston Township Board at the September 22 meeting.
Photo by Bruce Rolfe
Photo by Bruce Rolfe
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