Planning Commission - Regular Meeting

buffer. Yeah. Uh oh. Are they sick right now? They're always sir. Yeah, they're always everybody at our house. All right. Welcome everyone to the January 21st planning commission meeting. Um for those of you that made it, a uh a special thank you. I know it wasn't easy. I was uh struggling getting out of my driveway. So, anyways, thank you for coming. Uh roll call. We have two missing. We have Jack Andra and Cassandra. Oh, and Michael. Michael. He Yep. He's not here yet.

And and Michael. Okay. We do have a quorum. We have Andy, Russ, myself, Greg, Kelly, and Mike. Oh, not Mike. Okay. Adoption of agenda. I'll make a motion to adopt the agenda for January 21st, 2026. We have a motion and support. All those in favor signify by saying I. Opposed. Have an agenda. I did that backwards, didn't I?

Oh, okay. Okay. Now, we're up to uh general public comment. We got to adopt the minutes, right? Oh, I thought we did the minutes. Okay. Make I need a motion, but I'll motion to adopt the minutes. Thank you. December 17, 2025. Second motion and support. All those in favor signify by saying I.

I opposed. We have our minutes. Now we're at D. General public comment. This is a time that uh you're welcome to come up and express whatever you would like. Typically, it's not something that is part of our agenda. If you have anything generally, come on up. All right. I'll close public comment. Okay, first item is Daydreams Depot. This is a site plan and special land use for a new eating and drinking establishment at 14599 Cleveland. So, if you could get us started, appreciate it. And who are you? Perfect.

Thanks. No. Right. So, um, right. So, they're out of state right now. um as I wish I could be. But um nevertheless, we're here to um answer your questions and ask your um support for the special use with um the parking concern that was addressed in the uh in your packet and um any other questions that you might have on it. Well, if you could get us started with a little bit of um what the plan is, when you would like to open hours, just

the plan to open is I'll start with your specific question. Last I heard was spring of 2027, but that is dependent on whatever their construction process is. Now, the building is going to remain architecturally pretty much the same. They're talking about a small entry foyer. um on the westerly half of the building. And if you've been in there, you've got the existing entry into the old proper depot. This would be another entry um to the west in the middle of that um addition, if you will. And the building is going to be um a combination of a coffee shop barista type of a bakery. I understand there's um a plan for a um a teaching kitchen, an exhibition kitchen, that kind of thing for um you know to make best use of the property after after typical um retail hours and and a gift shop with made in Michigan products. Um as far as the floor plan, you know, DVA, you know, the breaking it up of it, I I know that's tabized on the um on the site plan application. Um the existing parking lot is is going to be maintained and hopefully restriped as shown on the plan. Um staff has asked for um fire turnaround hammerhead on the easterly end of it. Um building itself is intended to remain as much historically correct as it is. I think that you know they're probably going to do some painting and um design that foyer to match the existing. Are there any other specific questions that you have? I mean, I

I'm not really sure what you're No, you're expecting from me, but I'm just trying to bring it bring it to your attention for anybody that might be in the audience as far as um what the plan is. The building

from curb appeal, you know, it's going to I I would expect it to be better. There's some proposed screen and landscaping along the rightway as required by ordinance. Um there's a wetland that encumbers quite a bit of the site. Um we're not proposing to build any of that. We're going to need to talk about a um setback permit if we're approved tonight um for the uh for the turnaround area and we're showing some screen dumpsters. Um not much there's nothing planned at this point for the existing buildings in the back. Um nothing at all that I know of other than personal storage. There definitely not going to be any commercial uses um for those buildings at this time. If there would if there ever were to be, I'm sure you'd hear from us again in this room.

Okay. Thank you. There's any specific questions, I'd be more than happy to take those. And if you've got a public hearing you've got to open, I'll have a seat. Right. Right. We'll be talking again. Okay. Thank you. Thank you. So, Lucas, if you could kind of kick this off and uh talk about the process that we're going to be going through a little bit and about what it is that we're um contemplating.

Sure. Um so this is a special land used to um create the eating and drinking establishment um within the zoning ordinance. Uh the site site plan review is required as part of that process. uh the addition of the uh of the new entry area is in addition to the building that also requires site plan review uh as well as the uh access ramp structure there on the north side of the building. So with that um you know those that's the review process that that we're looking at. um no changes to, you know, to the parking lot minus the um the turnaround area out on the on the west end. Um that also provides access to the to the two other buildings, the two storage buildings that the fire department wanted to see um improved um on the site. And so with that, uh there's no new driveways on M104. Uh so no new access points. I think the um everything else was covered in the uh introduction there.

I will have a question about lighting. Is there additional lighting, proposed lighting for the uh the parking lot area? There's no additional parking lot lighting proposed. There's some existing yard lights that are going to be relocated along the back of the sidewalk. That's the last I was told about that. Um there's I think there's four existing lights and one of them's right in front of the proposed entry. So, it's going to be moved um center around that entryway. So, nothing new. Any other questions?

The existing kind of outer buildings you talked about there wouldn't be commercial storage. Is there a plan for those two buildings behind and to the side?

Not at this point. Um those buildings are dirt floored poleb barns and you know they were they're historically for you know Bazaki's collection and um right now they're really not suited for any type of commercial use at all. Um no plans for those use. I've heard no discussion about it. I've encouraged a tear down but nobody wants to hear that. They're they're not a hazard by any means, but it's just they're sure if you or I bought them, we'd have big ideas, but I don't know of any plans for those at all. Okay.

Well, I have to admit typically I like to walk the sites, but the last few days has been a little bit difficult and with the driveway not being plowed, it was um pretty difficult to uh to get back in there to walk around. So, um I'm I'm at a little bit of a disadvantage. So, um I would like to hear anything from our board concerning the conditions of the outbuildings. Is it something that we need to address as far as aesthetics or the general condition of it? Are they safe? I just I haven't been back there so I need some input. So I think the input that I've received so far is that you know the type of storage would be uh need to be reviewed by the fire department just to make sure you know I mean because both like for example if it turned into boat storage or something along those lines that we'd certainly need to review the the code and make sure they're they're meeting code if they need to be fire suppressed and things of that nature. So, um, that's something that hasn't been, um, looked at from, you know, historically because it's been in the same ownership for a long time. Actually, I take that back. It may have been looked at, uh, through the inspection process, but um, previously by the fire marshall, but the, um, as far as the conditions, there are no there are no changes to those. I didn't I didn't recall anything there that was of concern

we're we're potentially allowing public to be around on the grounds and I just would want to make sure that the conditions are uh are safe as all we do have a dangerous building ordinance if it in any way constitutes a hazard what the state considers a dangerous building we've got a procedure to address that outside the zoning ordinance. Okay. Thank you. we could also make sure that they're meeting the uh property maintenance code which requires protective coating and things of that nature too. So great. Thank you very much. Any other questions?

So we got about 44 parking spots. I know there was a little bit concern in the memo just parking in general. Um is Chief Stalzer had a chance to look at this? Is he comfortable with the access that his team would have in the event that something could happen?

Yes, that's that's the reason that turnaround is there on the West End. Uh so so Chief Staler and Fire Marshall Dave Hudson both looked at this, felt comfortable with it. Um the the Daydreams Depot um is is a I think it's a it's a camping like type if you guys have looked into that at all, but they're they're kind of like live on the road campers kind of a thing. people who are really into RVing. And so, um, that is another reason why we're looking at that turnaround on the west end to to add that. Um, and for larger delivery vehicles, too, that would that would work on that end. So, um, you know, there's there is a concern about, you know, are they will RVs come in and and take up space, um, you know, on the site and and put a put a little bit of a crunch on parking? Um, you know, that's a possibility. Um, but, you know, the ordinance doesn't require RV parking. I think the owner is comfortable with the design and, you know, the amount of parking that they'll need. Um, and that's that's why in in the in the suggested motion, you know, that that we still reserve the right to require improvements to the parking lot um if safety issues do arise. And so that's something we could do as part of the special land use. We certainly don't want any vehicles parking out on along the road in the rightway there. So, and then just from a an event standpoint, it's a big space. It doesn't specifically mention events, but are event rentals in the future. And are you

guys going to be pursuing um a liquor license now or in the future as part of this? Been no discussion that I've been involved with that uh would indicate there's any type of event um going on here. And I I believe that would be a total um I think that would be outside the approval here tonight. That would be for a non-conforming use. So, so, um, I I mean, as a matter of record, yes, I think that it's wise to, uh, acknowledge that, but, I don't think that's even part I don't think that's even on the table. As far as a liquor license, I I can't speak to that either. Okay.

Was there a plan? I I didn't catch it. um stated plan of um hours of operation. Yeah, please. Hours of operation. Hours of operation. I have Can you help me with that?

I would imagine there's going to be um weekend hours for um being on the highway. Um typically what we would have of a coffee shop, gift shop. Um, and I know there was talk of perhaps these evening classes for the demonstration kitchen. So, um, that would be adjustable based on the demand of the customer flow. I can't I can't speak to any more of that. Go ahead,

Evan Osterheart with Concept Design Studio. I'm the architect for the project. Um, for the most part, it's it's think deli sandwiches and coffee shop. So, I would say probably mornings, early evenings, there might be some overflow, you know, um, in the summer hours and things like that where people might, you know, they still might be serving sandwiches and things like that later into the evening, but not late night hours or anything would would be typical of this. We haven't discussed anything about liquor sales or anything like that. It's more coffee shop and sandwiches and and syrup, Michigan syrup and things like that. So,

Okay. Thank you. Just a friendly reminder about the uh right public hearing. So if there's no other particular questions, I'd like to uh open up the uh public hearing. So, if you have any comments or questions about this development, site plan review, please step forward. I'll entertain a motion to close the public hearing. Make a motion to close the public hearing.

Second. A motion and second. All those in favor signify by saying I. I. Opposed. All right, public hearing is closed. Seconded that. I'm sorry. I did, Andy. Andy, thank you. Okay. Do we have any other questions?

I'm wondering with the change in use, um, kind of what is the estimated amount of clientele, the number of people coming in with that being serviced by a septic system? Does it make sense for them to tie into the sewer going to have much more traffic than the antiques depot had?

Um, yeah, that's a really good point. I assume when the county signs off on it that they would have a designation that it what capacity it could handle that we would get that back from them. Yeah. So that that is one of the suggested conditions of approval is for the county to the health department to review that septic system that's there. Um sewer is not available at that site. Oh it's not? No. Unfortunately it's that doesn't go past uh 148th. Oh okay. Um there is sewer up along the northbank trail, but that's quite a ways um cross country to the north.

So it's not in a it's not within the I think it's 200 f feet where there's a mandatory connection required. So So this unfortunately this property is limited to a private septic system. Well, I'm generally in acceptance of um the uh the site plan is adequate as far as I can see and the uh the special land use is appropriate. That's where I am at.

Yeah, same. Um, I think we'll just have to keep an eye on the the parking lot if hopefully business is booming and that's a a problem we have to look at down the road, but seems like we have mitigation steps built in. So, no concerns and it's nice to see that site um being revitalized. Um hopefully serve the community in a good way.

Yeah, really appreciate the preservation of that historic building to give it I will entertain a motion. I will make a motion to approve the special land use requests for building addition and eating and drinking establishment at 14 599 Cleveland Avenue with stipulations on page five uh with the uh A through G um provisions that Lucas has laid out in his memo. So, should I read those just for completeness?

I did forward these to this memo to the applicant so he's aware of those conditions and I'd be happy to read those out loud if you'd prefer. Yeah, if you could just to u these are the understanding for everybody.

Sounds good. U A the applicant will comply with all verbal representations. B. The Ottawa County Health Department shall review and approve the private septic system in advance of occupancy. The parking lot shall be striped in accordance with the site plan. The township reserves a right to require improvements to the parking lot in accordance with the zoning ordinance if deemed necessary for safety issues that may arise. Any new site lighting shall be dark sky friendly and approved by the by township staff in advance of installation. Adjustments to the fire lane on the west end of the building shall meet fire department requirements. G. Obtain a wetland setback permit to accommodate the new westerly turnaround area.

Perfect. Thank you. Hey, we have a motion. I'll second and support. Roll call vote. Andy, yes. Russ, yes. Myself, Greg, yes. Kelly, yes. Right. Motion passes unanimously. Thank you all very much. Oh, thank you. Thank you. Good luck.

Does it require another Yes.

All right. Next item on the agenda is a P5 land investments. It's a zoning ordinance text amendment. It's a request to allow wetland mitigation banks in a districts. So, do we have anyone that can uh speak to that for us, please?

Good evening. My name's Kelly Kyper on behalf of P5 Land Investments. Um, I just wanted to talk to you a little bit tonight specifically about our request, which is the text amendment to your zoning ordinance. So, I'm sure you are all well aware, but just for the sake of the audience and the record, you know, we're not here talking about a potential or a proposed wetland mitigation bank. We're specifically trying to allow wetland mitigation banking to be considered a special land use within your egg district. So, I just wanted to give a little bit of kind of history and and rationale for that request. uh wetland mitigation banking really didn't begin officially until the state created the administrative foundation for it in 1997. And even in that creation in 1997, uh a real boost in some other additional rules didn't really become available until the mid 2010s. Um and so this is a pretty recent land use, if you will, in terms of zoning uses. So it would not be considered a common use in current zoning ordinances. many people are having to update their ordinances uh today to accommodate this use. Um Holland Township just went through something similar and I just wanted to present that because as a neighboring community I think it's wise to look to our uh adjacent community members to see what they're kind of reviewing and going through. So they had a similar request for a wetland mitigation bank to come within their township. when they reviewed their ordinances, they said, "You know what? This feels like it could be a special land use in the egg district, but we'd like something really specific to allow that." So, the township actually initiated that ordinance amendment in that case, and they just finally passed that with their township board on December 4. Uh, and they have a great record. Kate White at the township there, uh, passed along their ordinance language so I could see it. And ours was modeled pretty

similarly after that. Um, you know, when we look to the ordinance, you could probably argue that this is a form of farming in a sense. Uh, a lot of these wetland mitigation banks, especially a forested wetland mitigation bank, it does require you to plant a very specific number of trees and shrubbery. Uh, and it that number is pretty large. And then what you're required to do is cultivate it and farm it over the course of a number of years, 10 plus years or whatever the uh agreement is for. So, you're really farming and kind of managing that land to make sure it stays within the confines of the Eagle uh uh agreement there for the mitigation bank. But because this really isn't traditional farming in the sense, I do think it's wise that this group is looking uh to potentially consider this. I realize that we uh volunteered or requested this ordinance amendment, but I do think it's wise for your township to consider this as a formal amendment. This would not specifically allow our request for a wetland mitigation bank. We would still need to come back before this body as a special land use if you did amend your ordinance. So, I think that's really important for everybody to understand that this does not allow anything tonight, but it sort of creates the use within your ordinance that gives our group potentially and others the right to come in and seek a wetland mitigation bank as a land use. And the reason I think that's an important land use for you all to consider is that I've worked with Lucas a lot. We've worked in uh Spring Lake Township a lot and we know the importance of wetlands in your community. And wetlands are becoming um something that we deal with a lot in development projects. So these mitigation banks go hand inand when you do impact wetlands on site. So they're sort of now a normal part of the development process and a needed part of the development process. But it also is uh really beneficial in a sense because

you get the opportunity to kind of find the highest and best use of a site. So I just start with that framework. If there's any questions specific or happy to answer any questions about those details, but I do know Thank you very much. So, Ron, could you give us a little rundown on um what this means to our ordinance? Um specifically what it is we're here to do tonight as far as um making recommendations to the board. Just could you run it down for us, please?

Sure. The process is uh that uh we have a text amendment application. So we have to do a public hearing before we consider any type of the zoning ordinance whether a map or a text. Um so the public hearing is the first formal step in the process once the application is received. Um, I worked with Holland Township on uh on its amendment to the zoning ordinance and there was the question of well is it permitted by right or or is it something that's not permitted and it seemed to me uh in advising Holland Township that it would be something that um if the township had any interest and in that case the they had a particular application pending in front of them and the water resources commissioner was in favor of it to help with the drainage in the area. So, the township was inclined to do it and and I think it's better to be proactive and put a process in and not just say, well, you can do it anywhere because that takes land out of circulation for a number of years and who knows what the impact uh would be. And I think it's also wise to have a process rather than just say we don't allow it at all because there are environmental uh advantages to uh allowing them if they're well planned and wellplaced. So um that's why we're here to consider a zoning text amendment ordinance. Um my thought would be uh if you're interested that um we'd hold the public hearing, close the public hearing, we'll do that for sure. Then you determine your interest level. If you're of a mind to pursue it, my recommendation would be that we put together a formal u amendment ordinance for you to just look at next month and then you would if you wanted to pass it on as a recommendation to the township board and the township board would of course make the decision.

All right. Thank you. Lucas, anything to add? U I would just add from a standpoint and I I did check with Ron on this earlier is that um the other district that might make sense is the RR district, the rural residential district. Um if you're you know this use is looking at it in a positive light, you know that um does seem to kind of fit within the intent of the rural residential area. Um so outside of that, I think Ron covered it. So our land use between real residential and agg is is very close. So I I could could see where it could um match up quite well.

And that's a decision that could u be made if you dis adopt the actual or recommend the actual text amendment ordinance next month. Uh that can be considered um in the intervening time. We don't need another public hearing. Uh we've held a public hearing on the text amendment for us to added another district is not like reszoning more property or anything like that. We couldn't do that uh with a map amendment, but with a text uh we've got the right to uh play with it and revise it as we go through the process.

Okay. Excellent. Thank you. Any questions or comments by the board before we open up the public hearing in in Holland's Ron? Did they set a a minimum lot size requirement for it? I think they did. Well, the state has requires 10 acres. I don't think the township went beyond that, but they just went with the with the state requirement. All right, I will open up the public hearing at this time. So if you have any comments, suggestions for us, please come forward.

You're you're good. Thank Thank you.

That one. Yeah. Nicole, do you want to use Nicole, you want to use that over there?

Get comfortable. Can you hear me? Yep.

Okay. My public comment. Uh Nicole Larabel, 16814 Virginia Avenue, Fairiesburg. How does wetland mitigation banks on agricultural properties align with the 2022 master plan? To me, it directly contradicts it. Preserving agricultural land is listed as a top priority of the 2022 Spring Lake master plan. The reason I believe we're here is because the 22 acre property on Hickory is not served by city sewer. It is significantly less valuable than the two subdivision sites because the minimum lot

I'm going to stop you right there. We are not considering any other sites. We're not considering any developments. We are considering just this text amendment.

Okay. With the numbers that can be made, the money that can be made of allowing the a district to allow wetland mitigation banks. There's a huge demand for credits. Anyone building on a wetland in the Grand River watershed, which reaches all the way to Lancing, would be able to buy these credits. Wetland bation banks are extremely rare. There's only been seven ever approved in the Grand River watershed, which encompasses 5,500 square miles throughout 50 count 15 counties. A representative from Eagle stated at the last meeting, 70% of Michigan municipalities do not allow wetland mitigation banks. I respectfully request you leave the current ordinance alone which already prohibits wetland mitigation banks in all zoning districts. Don't change the ordinance that will destroy the agricultural land we have left in Spring Lake Township. Follow the master plan so that a land doesn't get destroyed in Spring Lake Township.

Thank you. My name is Steve Zagic 16329 Hemlock um Spring Lake Township and um to pile on what we just heard um Spring Lake Township's got a wetland preservation ordinance and the purpose of that ordinance is to preserve and protect wetlands. Am I correct with that? Thank you. So in that we have a number of things that are on top of the state law that um have been enacted by the township to protect those wetlands. In my experience with permitting wetlands, and I don't have as much as some of the other people in this room, I've got I've had maybe a hundred JPA submitted, only four or five in the last year. And whenever I talk about wetland mitigation with resource analysts at Eagle or DEEQ or when it was DNR, it's always the last option. Wetland mitigation bank credit purchases have they're way down on the list. Why is that? Because wetland mitigation is by design a punitive action. Primary goal of part 303 301 excuse me the wetland protection act is to preserve the state's wetlands not to provide options to impact them because a constructed wetland is rarely if ever as good as a natural wetland. I I'm not going to get into examples of mitigation wetlands in the county that have failed, but I may at future

meetings when we get to the point where we're, you know, composing text for the ordinance amendment. But I would caution the planning commission to very very carefully understand what you're doing. You're providing an out for laws that we have a township have passed to preserve wetlands. You're saying, "Yeah, you don't need to because we'll give you this option to buy mitigation credit or provide mitigation credits." So, if somebody wants to do on-site mitigation, we don't need a special zoning rule to allow that. But with a medic mitigation bank, we're suggesting that we can offer these acreages to on the market. Basically, last time I checked, they're getting 17,000 an acre for emergent wetland in the Grand River wershed. You know, that's that's um good money for somebody who's trying to, you know, use some of the family farm that might have otherwise been, you know, uncultivatable. But to suggest that somebody should be able to buy a 10acre parcel in the township, which isn't a wetland, create a wetland there and offer it on the market, I think is a disservice to the ordinances that we have on the book and the spirit of those who passed those previous ordinances trying to preserve the township's wetlands and natural areas. Some of the questions that I have in terms of, you know, you know, managing the ordinance might be premature today, but how would the five to 25 foot wetland setback apply to individual credit sales? Somebody's got a 10acre site, they want to sell three credits, do we have to provide a 25 foot setback between that sale and the next

one? I caution the planning commission to understand what's being done here before buying into it wholeheartedly. I've got so much more, but I think my time is running short and thank you for your time. Good night. Appreciate it. Thank you very much. Anyone else? I'll entertain a motion to close public hearing. I'll make a motion to close public hearing at 7:43.

Second. Have a motion in support. All those in favor signify by saying I. I.

Opposed. Okay. Public hearing is closed. So I would like to make a general statement in that what we do here for wetland mitigation in Spring Lake Township is not for not just for Spring Lake Township. We do have some very powerful laws or ordinances that that keep our wetlands in in the best condition as possible and protected to the highest degree as possible. But it's not just for Spring Lake Township that we would be considering these wetlands. So, I just want to make that clear is that what we're able to do in Spring Lake Township is potentially very beneficial to the township with others paying for it. It's a set aside that um we we also have competing uses for our land as far as homes um other things. So it's it's this is a considerable use that for the land that we have is probably not out of um character. I just wanted to make sure everybody understands that this is not for Spring Lake Township. This is to be able to be used throughout the whole wershed. So, any other questions, comments by the board?

Yeah, Ron, I think you and I kind of briefly talked about this at a previous meeting. I think one of the concerns I have is giving up local control. Um, so if we do allow this as a land use, you know, we had talked about if it goes through Eagle, sometimes our hands are a little bit tied because they could have their permitting, they could have it. So, like what is our local control if we do add this to the the zoning text amendment? And then we say, well, you know, we're not opposed to them, but we don't necessarily want one there. We would prefer it over here. Like, do we have any control? Especially if Eagle has already signed off on it.

Yeah. This is not a situation where if Eagle says yes, uh, we lose local control. It still has to comply with our zoning ordinance. So, uh, someone wanting to do a a wetland mitigation bank would need the approval of the state and would need a special use permit from us. And without either one of those, it doesn't happen. Anyone else? Mr. Chairman, I just have a few comments if I may. If

you could. Thank you.

Yes. Uh, one of the and hopefully you all had a chance to to watch Mr. Pennington's presentation covered the bases pretty good. But there was there were a few things that um I sent out a memo just to kind of clarify what a conservation easement is and that it's something that runs with the land and it's it's permanent uh in perpetuity uh type of thing. Um but one of the comments that was made was the um as far as options go when it comes to mitigation. Mr. Pennington shared with us that that that's their preferred option for for mitigation these days for um a number of reasons and and one of those reasons is the monitoring time frame. A wetland mitigation bank is monitored in perpetuity. Uh if you mitigate on site, they're monitored for five years and then that's then they're at that point they're they're kind of on their own. And so if they're not managed properly, they could uh grade over time for whatever reason that might be. And I think we're kind of seeing that in the Arcadia development where some of those wetlands that were fragmented. Um I think, you know, some of those wetlands are doing okay that were mitigated, but um but we're also seeing changes and of course drainage throughout the the development is changing things. Well, but I think what what was one of the other keys for for me in that discussion is that this doesn't make it easier to impact wetlands. You still have to go through a full re wetland permit process with Eagle.

And if you if you have um the term is u unavoidable impacts. So you have to go through a wetland to get to an upland area for example. That's when they issue permits when they're unavoidable impacts. That's not just something that's that's oh well you have you can buy credits now so we'll just let you impact whatever you want. That's not the case. So you're always starting from zero. How can we a how can we avoid impact? What's the minimal amount when you go through that prudent and feasible alternative review? Um and at the end of the day if you have to have to have some impacts. Okay. And if it's enough impact now you have might have to mitigate. So um those are just a couple of little bit of feedback there. But if you have any questions about the memo that that I put together regarding conservation easements, um, you know, we talked about the master plan and and the the you know, when there was a there was a a question u by Miss Larabel at the meeting last week about how does that fit into the master plan. She asked it tonight as well and Mr. Pennington shared that in his opinion that this activity is not much different than a farm and that you're planting plants and you're managing them. Um so there you're not cultivating anything or harvesting anything but you are growing plants. So and what I heard from from Mr. Pennington is that that the the the desire is to try and bring that property back to what it probably was before that activity happened. And that's sort of that that selection process and looking at the site and saying, was

this likely a wetland before it became a blueberry farm? And so, and if the answer is yes, then that pro puts you in that in that category that this might be a good spot for a bank. If it's if it's a an upland forest um that's never been a wetland before, what I heard from from Mike is that that's not really a candidate for a wetland bank. So, they're really specific in in in how they look at those. And so, it's What I picked up anyway is that they're trying to restore areas that were likely functional wetlands and there might be some building blocks there to to run with. It's also my understanding that just because we have a uh an area by right that could be a mitigation bank. doesn't necessarily mean that it would ever pass eagles. Um, Eagle has some very specific criteria that has to be met and just because we open up the possibility. Um, Eagle's very very particular.

Well, just we wouldn't be creating anything that would be by right allowable. Right. I just want to make sure we're clear. I know you are. I know you are, but I want to make sure uh it only with a special use permit. Uh nothing would be permitted by right. Right. And just to clarify further, the person that if this text amendment went through and someone was coming before us for a special land use, wetland mitigation bank, they first would have to go to Eagle know that that property is even

correct. We could not give a special use permit without the information from the state. Doesn't just generally mean the whole egg district is

nicely said. Thank you. What one concern is just the maintenance of it. So, do most people and I don't know if you know developers like P5 do this on a regular basis and you guys feel free to answer, but is it usually outsourced to a third party? Because to your point, you've got like that 5year window and a lot of them do fail in those first few years because the upkeep isn't there and I know Eagle has some restrictions, but what is usually the the oversight of these and who does that? Is there a firm that does this or whatever? because I'm concerned about we do it but then it's like h we lost track of it. It is what it is.

So again, Mr. Pennington went over that and and I'm going to do my best to and Matt, would you like to cover that? Matt McGregor. Okay.

Matt McGregor. I'm a wetland consultant, wetland banker. I have a lot of experience with these. But the the maintenance of the site is a responsibility of the bank sponsor and typically that responsibility which includes installing all the vegetation, monitoring the wetland hydrarology and then typically about 10 years they're responsible for monitoring and doing corrective measures. Typically corrective measures will be associated with like an outlet structure. If it something went wrong with that, they would maintain that. or if for instance you have to have 300 trees per acre growing. They have to be 5 foot tall. It's very specific. Um if you don't have enough trees, you have to go back and plant more vegetation in the mitigation area. After about 10 years, um there is what's called a third-party stewardship agreement that's required. So the sponsor would have to put an endowment forward through a community foundation. community foundation holds the money and then there's a third-party steward, typically a conservation organization, nonprofit that'll come in and maintain the site into perpetuity. So, that's again, it's it's a highly regulated I'll call it a highly regulated business, but that long-term stewardship or oversight is built into the U mitigation agreement. It's also built into the long-term management plan. Could you speak just briefly about how credits are released? Just because I have this bank doesn't mean credits are available.

Yeah. So, um you you build according to the Eagle agreement um the mitigation area and you have to uh it has to perform meaning the first they release credits in in three stages. If I'm getting too far in the weeds here to stop me because I can talk about it all night. But um the first stage is you get half your credits released um assuming it's wetland when you establish wetland hydrarology. The next 25% is when you have um over 80% cover of vegetation and it could be either emergent scrub shrub or forested vegetation. And then the final is once you establish basically it's complete. So you've met all the performance standards. Um so once you um for instance on that first 50% once you meet those credits, Eagle will release those credits to the let's call it to the to the market. That's done through a request by the sponsor and then a letter is issued and then those credits will be posted on the wetland bank register and that's how you find out what credits are available in the watershed or eco region. So once a credit is approved um and somebody needs a credit, wants to buy it, let's say a developer wants to buy it, they would contact the banker or the sponsor saying, "Hey, I want to buy these credits. I have a draft permit." You don't sell credits unless there's a eagle draft permit issued and it's got all the requirements in it. So um once they have the draft permit, they contact the banker. The banker says, "We'll sell you these credits." Um then once that purchase is made, the banker notifies Eagle that that purchase has been made and then they'll issue the final permit. So it's kind of like a Eagle will issue the credits or approve them and then

they're on the market and then the bank sponsor coordinates the sale with a permit and then they'll notify the sponsor will notify Eagle that it's been purchased and then the register will be updated. So if I had 10 credits available, I sell them. They'll reduce it just like a bank account. So in short, the sponsor is highly motivated to create a a high-performing wetland mitigation bank because otherwise they are not going to be able to recuperate their investment.

That's right. Okay. So I mean the performance standards and we can go into detail I won't tonight but uh the performance standards are hard hard to achieve. So you got to work real hard to make them um both with the soils that's there the hydraology and the vegetative components. Um it's hard to achieve. So you got to work real like you're saying work real hard to achieve them. So, if I want to buy a couple credits today and I go on the market, how many are out there today or is there none and there's just a huge demand for them?

Um, I wouldn't characterize the demand is huge. Um, it's hard to get a Eagle Permit. Let me first say that. Um, currently in the just of today, I think there's just one bank available that's selling credits currently. The other ones are sold out. Um, so I think there was like 200 credits or something that are out there. So, but you couldn't I mean a person wouldn't just want to buy credits. They would have to have a permit or a need for them if that makes sense.

So, um, if you think about Spring Lake Township, the amount of wetland impact isn't very big. Um, and you have to go through like like you're saying, you basically avoid wetland impact and you minimize wetland impact. And only after you go through that do you talk about mitigation. So the credit sales are typically 7/10en of an acre or two ten of an acre or um for bigger projects they could be five you know five credits or something like that but these are all typically less than an acre around an acre of sales. So the value of these credits are also supply and demand. Correct.

Absolutely. So if all of a sudden there's no there's a shortage, a shortage, theoretically there will never be a shortage because the price is going to continue to go up. If the price continues to go up, nobody can afford to do it. So they're not going to be mitigating. And so it's it's market demand. What you know what essentially and it wasn't too long ago there was four banks available. So there was some bidding going on, I'll just put it that way, to sell credits inside the Grand River wershed. Um, and that price not I mean it's it's pretty much open but it's around $100,000 an acre. That price has gone up now that there's one bank. I'll just put that.

It would also be fair to say that most of the wetland impact that's going on is going to be outside the township. with that. Uh there may be a project in the township that uses a wetland bank in the township, but most of the wetland impact will be outside the township and we'll be getting the benefit of the bank in the township. That's how I would characterize it. I mean, your wetland ordinance um does its job. It's, you know, it's difficult to get permits both from the state and the township. um you have have to be well thought out and um so yeah, you're there's not a lot of wetland impact permits issued in the township relatively. So

you might not know this, but what's the average cost per acre to put in a wetland bank? Um the price per acre I just, you know, I'm just going to ballpark it. It's right around $80,000 to put it in. Yeah. But I want you to know if you look into the what the costs are, the biggest one's the land. So, as you might expect, if you're buying farmland nowadays, um know it's expensive. Um it's really gone up. So, that's going to be the biggest cost associated with a mitigation bank is this cost of the land.

And then it the excavation side I I assume is is extremely expensive as well because correct. I mean, panning an entire site is not going to be a a typically um you have two two choices. Um you can either bring the ground down to the water or you can bring the water up to the elevation of the ground. Now, it's much cheaper to bring the water up. So, typically these banks are in buck soils and typically we're blocking tiles, pulling tiles and blocking ditches versus doing a lot of excavation. And it's because of cost. I mean, frankly, with the banks you've worked with, have they mostly been that minimum 10 acre size or are they larger?

I'll say in the business, there's probably four mitigation bankers in the state um that do a lot of banks. They they're the people who do it their businesses and the average is about 50 acres. Um I would say that a sweet spot might be between 30 and 50 acres. um just because of how much you got to put into something and then the what you can make off of it. Um a couple of the bankers I mentioned uh they're they're 150 acres and really those are pretty experienced bankers and they got a good deal on some good farmland that works. So the bank itself is 150 acres, but they may have had to purchase a much larger swath of property because you

again you got to make the water work. So if you can't get the water to come up to the whole area, um right so usually buy more land and then have something less than. The other thing I want to say is in mitigation banks there's the property is not sold. So it's going to be this the bank sponsor is going to hold on to that property. what's sold or transacted is the credits. So, it's really not a property transaction, which is kind of hard to get your head around. So,

I'm appreciative. Thank you. Thank you. I just see the benefits of wetlands to our watershed and wonder if we're considering this, do we want to consider larger than the minimum 10 acre?

I would suggest that we would parallel eagle's requirements for land use. And in reality, we don't have 200 acres in our township that would be able to be put toward that. Our township has been subdivided and broken up quite a bit. So, um, anything above 10 acres, I think, is probably going to meet the requirements of um Eagle and that's what I would be concerned about. I'm not sure what the advantage or disadvantage would be for 10 acres or 40 acres or not quite sure what that would net out. I I personally feel it's self-regulating on that regard. Right. Um I I don't know if we have any drains running through the township. Um we do

drains, county drains.

Yeah. Like set up running through and and what parcels they run by because we have we have limited amounts of large parcels of land. I I can't see taking a piece of ground and digging down to create one of these. So would have to, you know, find a piece of property located on a drain. So I mean in terms of 10 acres as located there I I just don't see adding a requirement of 40 acres is I I did want to add and this might be obvious but that the the banking process and Matt correct me if I'm wrong but you you can't go out and buy an existing wetland area and now call it a bank. It doesn't work like that. It's it has to be a space that you used to be a wetland and you need to restore it back to a wetland. So, just so that's clear.

So, does that mean it has to be like we'll we'll we'll talk a land. Does it have to be an operating farm? So, I don't think so. So, if if somebody had a a farm and they let it go defunct for 10 years, 15 years, but they had filled in a whole bunch of areas on that farm 50 years ago. They those are the soughtafters. Yeah.

Those are the properties that um to reclaim its original state. I mean, we're talking way back before settlement times, but those are the areas that Eagle has identified that are high priority. And when they can just go in and remove tile, so much the better. It's hard to predict these things, but it's like when we passed the chicken ordinance and the keeping of chickens, there was a a concern that everyone was going to get chickens and and that's we didn't that didn't, you know, there's a handful of people who had chickens for a limited period of time. Um but so I I don't if if we were to try and and analyze spaces within the township that would actually qualify under this even if as you mentioned chairman about the you know if you did approve it for the egg district and RR you might only have within a thousand acres you might only have 50 of it that really qualify under the eagle requirements And so, um, it's probably harder than it is easier to to actually establish in our township. So, I guess one more thing I wanted to just kind of bring up. I Nicole brought up the preservation of a land and and people brought that up a long time ago. coming from a farming family, right, that is now sitting on farms that are almost impossible to operate and and make money like we used to. And that's Blueberry Farms specifically.

Um, I am all for preserving farmland, but when we have farms like in some cases in the township here, specific to blueberry farms, getting those back up and running and being profitable again is not easy. I mean, back when I was in it, it was, you know, hundreds and hundreds of thousands of dollars to bring up a 40 acre piece. And that's if you had the land just to production. So when I look at some of these farms that now could benefit from some of these things and still maintain a farm income but have the opportunity for a bank on the property. That's no, that's a better way to maintain some of these farms as farmland because otherwise they'll be in here with a site plan review for a PUD to develop that that same farmland into into a housing development. Uh because really that's what most people are left with from an option. So I it's a it's a tough deal, but that's just the way I see it coming from the farming community. Not to say it makes it right, but and you know on the other side of that if if as a township we say no no mitigation banks, right? We can't stop people from using mitigation bank credits within the township, right? So,

correct. We just have to stay true to our wetland zoning ordinances and and hope for the best.

That is exactly how the banks have been designed. They're completely separate. They want the ability to create a bank and and typically the bank has to be created well before the demand of of of a mitigation. So, you know, you're you're talking three to five years of of work to get that bank up to having credits available against it. You know, that's an investment. And so it's not something that is a developer just says, "Okay, I'm going to go hurry up and create this bank so that I can do mitigate my um wetlands." It it's it's much more um complex than that. Mr. Mr. Chairman, just just really and briefly um talked about our wetland ordinances tonight a little bit and our wetland setback ordinance and and just to share with the public is that our our wetland ordinance is more restrictive than what the state's wetland laws require. So, Spring Lake Township regulates wetlands that are smaller than what the state regulates um on a square footage standpoint. So the township is much more restrictive um in that realm. Plus on top of that there is that 25 foot setback that requires all structures to be set back at least 25 ft from a regulated wetland which includes township and state regulated. Um which I think if that has really been a success for for the township. Um in the past you would have structures new homes being built right up to that wetland line. Certainly over

time that's going to impact that space. Um and the wetland setback in in a perfect world is maintained as a natural space. So it provides that that adjacent upland habitat that a lot of amphibians need and so on. Um so so we we do have some some really good protections in place. Um, occasionally there's a mitigation even even though we have those, occasionally mitigation is still necessary because the state and the township are compelled to allow reasonable use of the property. And so sometimes wetland impacts have to happen in order to allow that. Otherwise, it'd be considered a taking and we would be held liable and have to buy the property. So potentially any other points of discussion. I am generally in favor of it and I would like to um see some ordinance language around that. So you could do that a couple of different ways. You could do it adopt a motion directing Lucas and me to put together a proposed zoning text amendment ordinance for your consideration or you could just by consensus tell us to do that. We'll get the message either way.

My my only request, Ron, is I'm open to looking at language. I still have some concerns and the why behind it and all that, but I think looking at language prepared by you makes sense. But if we approve it, it goes through and then we get a land use request for this and we say no, I don't want the response to be well, you can't say no because we have that sometimes where we have local control, but we don't. And so if I choose to vote no and the rest of the board votes no, I want to know that I'm not going to get sued and I'm not going to get lo and lose in court because of that.

Well, um, couple of things. that is local control. You still you're not losing local control, but you're exercising some local control when you establish the procedure. Um, so if you allow a wetland bank as a special use, you establish factors. If those factors are met, I'm going to tell you you need to grant this um because you've already put in the zoning ordinance a provision saying wetland banks are a good thing. there are beneficial impacts from it and if the standards are met and the township's protected we want to encourage this and then if you if we do all of that and then you say but I don't want to do it I'll tell you the same thing I've told you before you can do that but you probably get sued and you'll lose so and that but that's not giving up local control you're exercising some of your local control right here um on the other hand directing us to put together a zoning text amendment ordinance is not in any way a decision on the merits. It's just a procedural step. You've reserved all of your uh merit merit meritocracy decisions meritorious decisions uh for next month uh or whenever you get around to doing it.

Y so uh you would not be uh taking any step that you can't undo. You won't have taken any step at all other than a procedural one. And I think these four points that we're looking at is a start, but I think a little bit more protection for us would be helpful too to look at that language.

I but I think that the most important thing is whether we decide that there are beneficial effects for the township to have a wetland bank. I think what what Greg said is exactly right. the a developer can impact wetlands and we're we can't take away that ability if it happens whether in our township or elsewhere. Do we want the impact of a of a wetland bank? uh if we agree with Russ that this can be a good way to give a beneficial use for the property and still allow it to basically stay in natural state as opposed to a developed state. Um because I mean we don't have huge farms around here uh that we're really not a an agricultural community anymore. Uh it's really people want to preserve some natural areas. If we think that that's a beneficial thing, then then this merits serious consideration. Um, but I think that's that's the key to starting your local control on this. And one last thing too to to add to this there, you know, this section here 957 that's proposed. Um those are the specific special land use standards that that are that would be in in article 9, but there's also the general standards that would apply as well. Just like what we looked at in this previous application, you've got the general standards that cover all a number of bases, fixed criteria, plus then you have your additional. So, uh, keep that in mind

that that those apply as well in 902 or would apply whenever we were looking at an application. But but but but do keep in mind that if when we put together a list of They're the the normal special use standards and they're the specific special use standards for proposed wetland. If something you want to make sure you're comfortable that if somebody hits the marks on these standards, you're you're you're happy to say yes. And if you're not, then then we shouldn't do it.

And this would require full site plan review as well, going through special Your special land use requires a site plan.

All right. Well, then I'm going to make a motion to table action on the application and ask draft a formal the formal amendment language. I'll second motion and support. All those in favor favor signify by saying I. I opposed. You have your marching orders. Correct. Got it.

So, can you describe the process from here? You you come back next month with some uh text amendment language. Your next packet will have a zoning text amendment ordinance in it with some language and you'll take a look at that before your meeting and you'll talk about it at your next meeting and decide whether you want to adopt a motion to recommend that to the township board or not. Okay. So, just say that u we recommend to forward that to the township board. Does the township board have another public hearing on this before they make a decision?

Township board does not hold another public hearing. Um, and you would make a recommendation of the township board up or down uh because the township board will make the final decision. Uh but the township board won't uh hel hold another public hearing and the township board does not have to follow your recommendation and doesn't have to return it to you for con reconsideration if the board doesn't follow your recommendation. They can send it back to you, but they can just throw your recommendation out and do what they want or they can follow it. They have the full option. Okay. All right. Any other questions or comments before we move on to the next item?

What is our next item? Commissioner comments.

Commissioner comments. Let me look on my notes. Wasn't ready. All right. Um really we just spent a lot of money. We uh approved a retaining wall on uh Fruitport Road. Uh we had some pump station work that need to be approved. Um we got a new generator. Um and then um we signed an early voting agreement with some other municipalities that um because the county is no longer supporting early voting at their centers. So Caroline got together with other clerks and we're going to use the new community center for early voting. So that'll be good. Um and then we are not bonding yet, but we uh passed a resolution um uh to potentially bond for um the intent to bond for the Baki property which is behind uh the depot that they talked about today. So more to come on that if we pursue that, but um we did pass a resolution of intent.

Cool. DBA. So Jack's not here. So uh but there was one application in December. I think we talked about that one already. Uh but next or actually tomorrow night is the next zoning board of appeals and there's four applications on deck uh that include variances, waterfront setback um requests. So they'll they have their plate full tomorrow and it'll be live streamed as well if you feel like tuning in on the action.

Right. So, did we have a uh a wreck committee meeting this month? So, we did have a recreation committee uh meeting and the primarily the items that were looked at, you know, rising a park continues to be um a topic. Ross, I'm sorry. Go ahead. You want me to go? Keep going. Started. I just jumped. I just kept going.

That's fine to me. Um, so, uh, Wally Dela Mater, who's our special, uh, projects, uh, staff member, has been working on the, we've kind of bounced around a little bit on at Rising Goa where, you know, we we were looking at pickle ball on the basketball courts and maybe just doing a simple revision there and then that turned into looking at a at a big master plan for the park to kind of see where things uh, what things could be and um it kind of bounced backwards to I say not backwards but well before we do that let's make sure we have an asset management plan for everything that's already there so it's all kind of working its way to the top and we understand that I think there's really been a push to say let's maintain what we have before we install anything new that's really expensive um but not that we really had anything too expensive on on deck there But um so it's been a work in progress. And then the other item uh the township was recommended for funding for the Pearlitz property over on Petty's Bayou. So um that's another consideration in closing on that wouldn't happen until the legislature passes the act that releases the funds, the appropriations. Not sure when that'll happen. 25 that went uh it took until October for them to pass that legislation, which is I don't know why, but there are some other things that were just hanging hanging it up. Uh so we're hoping that'll happen sooner. But as soon as they pass that, which will probably, you know, hopefully be in by June of 26, then we can close on the property. Um, meantime though, we've talked to the

land owner and they've agreed to allow the township to submit a grant for developing the site. We could this year could submit a Michigan Natural Resources Trust Fund grant for up to 400,000. So those we're not losing any time in that application cycle. So those were the Pam Blau was there. our landscape architect who helps us with those things. So, fun stuff happening, right? Yeah.

So, community engagement, I need to say thank you to our community ambassadors. That was a great program that you guys got together and um put on for the mitigation bank. So, thank you for doing that. That was very forwardlooking. Anything else we got going on? Um I yeah I don't I don't have much to add to that except you know the the ambassadors just have been you know just getting up and running here over the last six months or so and it's it's it's been an interesting experiment and I think as as time goes on they'll they'll just gain better and better footing in their role and and the types of things that you know I'm I'm excited about then the meeting coming up in you know this later this month to talk about some some potential applications that are coming down the pipe. So, um helpful to to hear members of the public try to help us as staff understand what type of what types of impacts this may have and and how to get the word out and talk about all the different options about how getting how to get the word out. So, So, corridor improvement authority that got cancelled, right?

So, yeah, that was cancelled on Tuesday, yesterday. Um, but they they did send out an RFP, request for proposals to look at a corridor plan. So, we we did get three proposals back on that. Um, so those are currently under review and so hopefully they'll have a chance to look at those next month and make a recommendation up to the township board. So trying to trying to get a little more formal with with that process. So So the funding for that they are now a funded entity. Correct.

They do have tax increment financing. um available to them. So, there's a certain amount of funds that are coming into into their account every year. Um right now, I think they're close to about 100,000 there. So, so there's it's starting to build up. It's it's it takes time. Um but you know as as we see new development with along M104 or within the district itself uh will capture some of those additional uh tax dollars that it's not an additional tax and I I can never I can never describe tax increment financing perfectly but it's just capturing the tax off the base from when the district was formed which I believe was um 2020 somewhere around there, right? I think right before COVID so after that 20-year period then which is when the is the districts then all of those taxes then get released and go back out to the jurisdictions. So that would include like the county and library and so on. But they do continue to capture the base. So

yeah. So you kind of captured some community development within that or you got something else going on there?

Yeah. No, there's um that's u I think enough for tonight, but I did want to share the the SCA, the sustainable community assessment. That's not on the agenda tonight. Apologize between the holidays and all these other applications. I didn't have a chance to to get something to you yet. Um, next month we do have some new applications that are coming before you. One of those will be allowing daycarees in u um public or place of public assembly. We also have a will be P5 again. They're asking for a special land use for a private road on Taft just just west of West Spring Lake Road. Separate piece. It's near kind of near the Blueberry area, but it's it's a larger piece where they want to do a private road with seven large estate lots on on the agenda as well. So, we'll have at least those three tonight. you know, the wetland mitigation bank and those other two.

Great. I will entertain a motion to adjurnn. Motion to adjurnn. All those in favor signify by saying I. I.