The Van Buren Township Planning Commission voted unanimously at its June 23 meeting to recommend rejection of the Visteon rezoning application to make way for a generator at the east area of the Visteon property.
The landfill-gas-to-electricity generator would be placed in the backyards of some Van Buren Township residents, who have strongly objected.
Dan Swallow, director of planning and economic development, said the recommendation to deny the rezoning request is expected to be on the agenda of the township board’s July 20 meeting.
The township board will make the final decision, since the planning commission is a recommending body.
The vote was taken after almost two hours of discussion and, although they were told to behave themselves and not applaud during the meeting, the two dozen residents present clapped anyway after the final vote.
Several homeowners spoke against the rezoning of 7.01 acres requested by Visteon from the present AG-Estate to OT Office Technology, citing noise, odors, loss of property values, and a host of other fears.
Visteon’s request had diminished in size from some 10 acres earlier in the year to the current 7.01, after neighbor opposition and the planning consultant’s previous recommendation to deny.
But, despite other objections, the decision by the commission was based strictly on the June 18 recommendation to deny by Sally Hodges of McKenna Associates, the planning consultant.
In a nine-page statement, Hodges backed up her recommended denial by pointing out the shortfalls of the request.
She said the requested rezoning is not supported by the Township’s Master Plan sequencing standards. The site is in an isolated finger of land projecting into an established single family residential neighborhood and no provision is made to use Visteon Way to benefit the township through an expansion of the OT area, other than lots owned by Visteon.
Hodges said while researching the request recently, she found that Visteon has yet to turn over Visteon Way to the county as a public road. Hodges pointed out that township taxpayers paid for the road, constructed some eight years ago, that was supposed to be public, but it’s still private, owned by Visteon.
Also, the generation plant proposed use is not permitted by right in the OT district, she said.
The site does not strictly meet the lot area requirements of the sequencing standards and the location of residential parcels on three sides negatively affects the build-ability of the site, limiting its future use when required protective screening and setbacks are provided, she said.
Also, the substandard lot area and location of residential parcels on three sides may make it difficult to adequately protect the single family residential neighbors from the impacts of noise, truck traffic, odors, lights, fumes and other impacts of OT uses.
And, since the proposal does not meet the sequencing standards of the master plan, the zoning change could set a precedent for other sites.
Also, the proposed rezoning may cause remaining AG property to the north and south to have a reduced value as AG property and as OT zoned property because of lack of access to Visteon Way.
Before Hodges gave her report, James J. Militello, director of global real estate for Visteon, went on the defensive.
He said Visteon hasn’t turned Visteon Way over to Wayne County, but that process is currently underway and was delayed by the county which wanted a DTE easement.
Swallow said the county has transmitted a quick claim deed to Visteon for execution, but there are quite a few concerns “out there” that should be looked at.
Also, Militello referred to talk that Visteon was not truthful with the buyer of a house recently sold and didn’t tell the new owner about the proposed generator in the back yard.
“Our obligation ends with our property,” Militello said, adding he made complete disclosure to the buyers about the property.
He said he did not tell them who lives next door, what the school scores are, or other details because it was not his obligation.
Also, the property two doors down from the new home-buyers was posted with the rezoning application information, which is proper, he said.
“Not truthful with the buyer? That’s not true,” Militello said.
Attorney Timothy Stoepker, representing Visteon and Hoosier Energy (which is ready to build its $25 million landfill-gas-to-energy plant), defended the rezoning request.
He said they are seeking to rezone the property to OT, which is what it calls for in the Grace Lake Master Plan. Once the property is rezoned, it can have any number of uses, “but we address the use being sought.”
Stoepker said the plan is for a co-generation facility, taking methane gas from the nearby landfill to heat water to provide a primary heat source for Visteon’s campus, with the energy going into the electrical grid “and ultimately to Visteon or local businesses and residences.”
He said the 20’ tall, 136×58’ facility would be self-contained, with piping underground and five smokestacks.
Stoepker quoted the VBT website, saying the township’s goal is to work towards a green community and green development.
He said now the methane gas from the landfill goes up the air stacks into the air.
“For many people this is a new use,” Stoepker said. “Well, it’s a new day … we’re looking at ways to make ourselves a green community … take a landfill that’s a problem … and keep methane gas from going up in the air … put energy in the grid and allow the State of Michigan to fulfill its renewable energy goal…”
John Delaney of Mida Drive said at a recent private meeting held by Visteon for neighbors, they were told energy would be sold to the grid.
Also, the neighbors were told the house in question hadn’t sold because it was damaged by vandals and might never be sold. Delaney said in fact the house was sold by Visteon two days before that meeting.
“A promise is only as good as the promiser,” Delaney warned, referring to the unkept promises of Walmart.
Burt Whitbeck, who lives next to Visteon Way, said he is an electrical contractor and knows what a generator is and that they are usually in industrial complexes. He asked if environmental impact studies were done, and he was told they had been done.
Whitbeck said Visteon bought up seven homes from neighbors and then sold four of those to new owners.
Michael West said he bought the newest house and, “I’m not saying I was lied to, but I wasn’t told that I would have a generator in my back yard.”
He said his wife has multiple sclerosis and “anything irritates her… this is irritating her…” and negatively affecting her health.
West said he drove by Visteon the previous night and, “there wasn’t a light that wasn’t turned on,” showing the corporation really has no concern over energy use.
West said he does not want “a big humming building in his back yard.” He said they bought the house without knowing about the generator planned. “I’m sure Visteon won’t buy it back. I don’t think we could sell it.”
Ernie Tozer of 9200 Hannan said, “This potential accident is in our backyard.” He added that if the residents living there now won’t sell, the goal of the master plan for that whole area to be OT might never happen.
Tozer stated this generator is an industrial process since it takes a raw product, processes it, and produce hot water to heat the buildings at Visteon and electricity to send to the grid.
“That makes it an industrial building,” Tozer said.
“They are deceitful people … liars and back-stabbers,” said Shari West, who said they would have to pay for her funeral since all this is wearing on her health.
Swallow chastised her, “Now, now,” and told her not to call them names.
When Commissioner Tom Koscielny asked about moving the generating plant to another location on the Visteon property to get it away from the residents, attorney Stoepker said other locations had been considered.
Militello got an aggressive tone and challenged Koscielny, asking if they moved it would it then be a permitted use.
“No, it is not a permitted use,” Swallow said, quoting a township attorney.
A permit to Hoosier Energy to install the generating facility on that site was approved by the Michigan DEQ in November. Residents had to find out about the generator plans on their own, since Swallow did not tell them about it until after they badgered him with questions at the first public hearing on the rezoning.
In other business at the two-hour meeting, the commission tabled approval of the minutes of the May 26 meeting because of some inaccuracies. The corrected minutes will be considered for approval at an upcoming meeting.
Commissioner Donald Boynton was absent and excused from the meeting because of a death in the family.