Comstock Township - Planning Commission - September 10, 2026 Planning Commission Meeting

Updated 2 days ago

The commission approves the Swan Energy and Cygnet Energy Storage's proposal to construct a battery energy storage system. The project, proposed on a golf course property, undergoes rigorous evaluation to ensure compliance with safety, environmental, and operational standards. Key issues discussed include risks to public health and safety, property value impacts, and emergency response capabilities. The commission imposes conditions such as noise monitoring, water quality testing, and fire safety equipment provision to protect the community. The meeting also addresses a text amendment request for a child protective services facility, which is considered for special land use in the Comstock Center.

Chapters

Approval of Agenda (00:00:40)
The agenda was approved as submitted with no amendments.

The chair asked if there were any additions or subtractions to the agenda. A motion was made to approve the agenda as submitted, supported, and passed unanimously.
Citizen Comments (00:01:19)
Citizens expressed strong opposition to solar and battery plants near schools due to environmental and property concerns.

During the citizen comment period, multiple residents voiced their opposition to the construction of solar panels and battery plants near local schools, citing environmental hazards, potential decreases in property values, and concerns over the safety and wellbeing of children. They also questioned the decision-making process and transparency regarding these developments.
Approval of Minutes (00:08:19)
Minutes from the previous meeting were corrected and approved with amendments.

The board reviewed the minutes from the last meeting. An amendment was made to correct a title error for one of the board members. With this correction and a few grammatical adjustments, the minutes were approved by motion.
New Business (00:10:01)
There was no new business to discuss at this meeting.

The chair announced that there were no new business items to be addressed at this time.
Old Business (00:10:09)
Discussion on CIP Swan and Cygnet BESS Project with reports from Township Assessor and Fire Department.

The meeting continued with old business, focusing on the CIP Swan and Cygnet BESS Project proposal. The Township Assessor provided detailed information about property valuations and tax implications. The Fire Department provided a capability analysis report regarding resources necessary for handling emergencies at the proposed development site.
Discussion on Fire Department Funding and Equipment Needs (00:31:37)
The meeting discussed the fire department's funding, equipment needs, and potential contributions from the Township and special assessments to support these needs.

The fire department is not currently funded out of the general fund. There is a special assessment for fire department operations and capital based on real property taxation. The discussion highlighted the need for new equipment such as SCBAs, thermal imaging cameras, drones, and turnout gear. The fire department's current capabilities and future needs were examined, with a focus on finding middle ground for equipment funding and ensuring readiness for emergencies. The need for a drone program was highlighted for its safety benefits. The meeting explored funding sources, including grants, and the possibility of a community host agreement to support the fire department's needs.
Discussion on Community Host Agreement and Funding Allocation (00:57:00)
The meeting discussed the role of a community host agreement in funding fire department needs and how the Township board would handle the allocation of these funds.

The discussion focused on whether the planning commission or the Township board has the final say in determining what needs the fire department should have funded by the applicant. It was proposed that the community host agreement should benefit the entire community and not just address the fire department's immediate needs. It was suggested that any equipment needed to protect community welfare should be a condition of the agreement, and that the fire department's needs should be considered in the context of broader community benefits.
Discussion on Decommissioning Funds and Equipment Needs (00:59:58)
Discussion on decommissioning funds and equipment needs, including protective gear and fire department requirements.

The meeting began with a discussion on the financial instruments suitable for decommissioning, focusing on the adequacy of funds and the need for protective equipment for the fire department. Fire Chief Beauchamp addressed questions regarding the current inventory of personal protective equipment and the challenges posed by their service life. The discussion also covered the need for radios and other essential equipment, highlighting the importance of staggering replacements to manage the burden on the fire department. The complexity of the township's emergency response plan and the fire department's funding mechanism were also examined.
Consideration of Liability and Legal Protections (01:04:01)
Addressing liability concerns and legal protections for the township in case of incidents at the battery storage system.

The meeting continued with a presentation from the attorney representing the project, who discussed the legal aspects related to liability and the protection of the township. The discussion emphasized the importance of having a robust development agreement in place to safeguard the township's interests. The attorney assured that the contractual obligations and insurance coverage for the project would sufficiently mitigate any potential liability the township might face in the event of an incident.
Public Safety and Risk Assessment Discussion (01:10:00)
In-depth discussion on the risks associated with the battery storage system and public safety considerations.

The meeting included a detailed discussion on public safety and risk assessment related to the battery storage system. Concerns were raised about the potential health and safety impacts on residents and workers, and the potential detriment to adjacent properties. The fire chief and other officials discussed the comparative risks of battery storage systems versus traditional substation fires. The importance of pre-planning, training, and having an emergency response plan in place was emphasized to ensure the safety of the community.
Review of Ordinance Standards and Conditions (01:23:01)
Reviewing ordinance standards for battery storage systems and discussing potential conditions for approval.

The meeting involved a review of the ordinance standards applicable to the battery energy storage system. Various standards were evaluated, including height restrictions, fencing requirements, and sound level limitations. The planning commission considered the findings from staff reports and discussed the importance of imposing reasonable conditions to address any gaps in the ordinance. The possibility of including additional conditions to ensure compliance with safety and environmental standards was also discussed.
Sound Study Condition (01:29:24)
Discussion on the applicant's agreement to conduct sound studies before, during, and after construction as a condition of approval.

The applicant has agreed to perform sound studies at three phases: pre-construction, during construction, and post-construction. This will ensure compliance with conditions set forth by the commission. The studies are required to validate the impact on the environment and ensure sound levels are within acceptable limits.
Dark Sky Friendly Lighting (01:29:55)
The applicant confirms compliance with dark sky friendly lighting requirements to minimize light pollution.

The system must implement dark sky friendly lighting solutions. The applicant indicated they would utilize such initiatives to comply with requirements aimed at reducing light pollution and preserving the night sky.
Signage Compliance (01:30:12)
The applicant's signage plans comply with standards and will be reviewed for safety by the fire department.

The signage proposed by the applicant is in compliance with standards. The fire department will further review it to ensure that it meets safety requirements, particularly in terms of visibility and clarity in emergency situations.
Landscaping Requirements (01:30:28)
The planning commission discusses visual impact mitigation through existing vegetation and new screening.

The planning commission may require measures to minimize visual impacts by preserving natural vegetation or requiring new vegetative screening. The applicant's plan shows retention of existing vegetation and proposes additional screening along the northern boundary, subject to commission approval.
Access Management and Drives (01:32:06)
Discussion on access drive design to minimize disruption to potential recreational areas and ensure fire department access.

The access drive is designed to conform to existing topography and minimize grading. A discussion ensues about rerouting the drive to reduce impact on recreational spaces. The applicant is open to adjusting the drive route, subject to engineering feasibility. Compliance with fire department requirements for drive width is also ensured.
Secondary Access and ITC Easements (01:34:08)
Efforts to secure secondary access through ITC property are detailed, with a contingency plan if access is denied.

The applicant is negotiating with ITC for a secondary access road to meet fire department requirements. If ITC denies access, the applicant will explore alternative routes. The planning commission emphasizes the need for a contingency plan to ensure compliance with emergency access requirements.
Impervious Surface and Water Runoff Management (01:36:48)
Discussion on managing water runoff and potential use of liners to prevent hazardous chemical leakage.

The site plan does not propose impermeable surfaces, and stormwater will be managed according to engineering recommendations. A debate arises over the necessity of liners in sediment ponds to prevent hazardous chemicals from leaching into the ground, with a consensus that a liner would reassure the community.
Installation and Operational Safety (01:42:00)
Operational safety requirements include interconnection agreements to ensure system safety and compliance.

The system must be designed for safe interconnection with regulated utilities. The applicant is working on securing agreements, which will be a condition of operational approval to ensure safety standards are met and maintained.
Repair and Equipment Augmentation Notification (01:42:53)
Notification and assessment of equipment augmentation for tax purposes are discussed.

Augmentation of facility components does not require a new site plan if within original footprint, but tax assessment requires notification of new equipment. The applicant must report new installations for accurate tax assessment, ensuring the township receives appropriate tax revenue.
Public Safety and Emergency Response Plans (01:45:25)
Emergency response plans must be approved by the fire chief, ensuring public safety protocols are met.

The emergency and fire response plans must include shutdown procedures and site safety measures. These plans are subject to approval by the fire chief, ensuring they adequately protect public health and safety.
Environmental Impact Analysis (01:48:16)
Applicant submits environmental impact analysis to address and mitigate potential environmental impacts.

The applicant has submitted an environmental impact analysis detailing potential impacts on the environment and natural resources. The plan outlines how these impacts will be mitigated, subject to review by relevant environmental protection agencies.
Decommissioning and Removal Plan (01:49:09)
Decommissioning plan details the process and financial assurance for site restoration post-operation.

The decommissioning plan includes cost estimates and assures removal of equipment to a depth of four feet, restoring the site to its pre-development condition. The plan is subject to periodic review and must comply with the decommissioning agreement executed with the Township board.
Special Land Use Permit and Application Requirements (01:54:04)
Permit applications must meet comprehensive site development standards for battery energy storage projects.

The application must comply with special land use provisions and site plan requirements, ensuring all aspects of site development are addressed. This includes adherence to building codes and coordination with utility companies for safe and compliant project execution.
Conditions and Compliance with Local, State, and Federal Permits (01:57:07)
The applicant must comply with all relevant laws and provide a list of required permits to the township.

The applicant is required to follow all applicable local, state, and federal laws. They must submit a list of anticipated permits and provide copies of approved permits to the township, ensuring transparency and compliance with regulatory requirements.
Discussion on Performance and Decommissioning Bonds (01:58:23)
The discussion focused on the requirement for both performance and decommissioning bonds for development projects to ensure completion and cover decommissioning costs.

The meeting discussed the necessity of having both a performance bond and a decommissioning bond for development projects. These bonds are to be held in trust, with the Charter Township of Comstock as the beneficiary. The applicant is required to update the decommissioning bond every three years to account for inflation. Additionally, it was emphasized that a letter of credit is not acceptable as a substitute for these bonds.
Community Host Agreement Requirement (02:02:52)
A community host agreement is required between the applicant and the Township before a building permit is issued to begin construction.

The ordinance requires that before any building permit is issued for construction, a binding community host agreement must be entered into with the Township. This agreement is necessary to formalize the relationship and responsibilities between the Township and the developer.
Construction Hours and Community Outreach (02:03:55)
There was a discussion on specifying construction hours and requiring good faith efforts for community outreach to negotiate agreements with impacted property owners.

It was noted that ordinances typically do not specify construction hours, but it was suggested that delivery and work hours should be defined, with considerations for weekend work. Furthermore, the applicant is required to make good faith efforts to negotiate good neighbor agreements with property owners likely to be impacted by the development.
Hazard Mitigation and Emergency Response Planning (02:19:10)
The meeting covered the necessity for a comprehensive hazard mitigation plan, including emergency response plans approved by the fire chief and training for local emergency services.

The applicant is required to obtain written approval from the fire chief for a fire and emergency response plan, and must provide training for local emergency services and fire departments, including those providing mutual aid, before starting project operations. The emergency response plan should be updated periodically as recommended by the fire chief.
Discussion on Emergency Siren with Voice Capability (02:20:56)
The possibility of providing an emergency siren with voice capability was discussed, with concerns about potential confusion and its necessity as part of the emergency alert system.

The possibility of requiring the applicant to provide an emergency siren with voice capability was discussed. While multiple layers of emergency notification are beneficial, concerns were raised about the potential for confusion if such a siren were implemented. The current emergency notification relies on electronic systems like the IPOs, which alert devices such as smartphones.
Discussion on Community Siren System (02:26:55)
The commission discusses the potential benefits and drawbacks of installing a community siren system to enhance public safety.

The discussion centered around whether a community siren system would enhance health, safety, and welfare. There were questions about the range and audibility of such a siren, with considerations about the effectiveness in different conditions. The discussion also touched on the need for a layered notification system for emergencies.
Fire Department Equipment Replacement and Cost Recovery (02:32:00)
Commission considers the responsibility of the applicant to replace fire department equipment used during emergencies.

The commission discussed a condition for the applicant to replace fire department equipment, such as air packs and uniforms, used during emergencies at the project site. They talked about the existing cost recovery ordinance for hazardous materials and the importance of having a mechanism to ensure equipment is replaced if damaged or contaminated.
Discussion on Fire Department Equipment Needs (02:35:00)
The commission deliberates on specific equipment needs for the fire department in relation to the project.

The commission discussed specific fire department equipment needs, including air monitoring equipment, thermal imaging cameras, and drones. They considered the number and types of equipment needed for effective response and the importance of having well-equipped responders. The discussion also touched on the priorities of equipment versus a voice siren system.
Condition on Siren System Requirement (02:42:00)
The commission votes on whether to include a siren system as a condition for the project approval.

The commission debated the necessity and effectiveness of including a siren system as a condition for project approval. Various members expressed their views on the practicality of a voice siren and the importance of other safety measures. Ultimately, the commission voted on whether to require a siren system, with the majority deciding against it.
Sound Study Requirement for Project (02:53:00)
The commission discusses the requirement for sound studies before and after project construction.

The requirement for sound studies was discussed to establish baseline noise levels before and after construction. The studies would be approved by the Township engineer and include measurements at different times to account for environmental noise changes. The importance of capturing accurate baseline data was emphasized.
Discussion on Staffing and Emergency Response (02:57:03)
The meeting discussed the staffing levels and emergency response plans for a local facility, emphasizing the importance of having personnel available in case of emergencies.

The discussion focused on ensuring that there is adequate staff on site and available for emergency response. Various staffing schedules were considered to ensure coverage seven days a week. The possibility of having someone available on call within a reasonable time was also discussed. The importance of having local personnel who understand the site was highlighted.
Water Quality and Environmental Safety (03:09:02)
Water quality testing and environmental safety measures were discussed to prevent contamination and protect the environment.

The agenda item addressed the importance of conducting baseline water quality testing prior to construction to detect any contaminants or chemicals. It was agreed that annual water testing would be conducted, especially after incidents involving potential contamination. The installation of catch basins to contain runoff was also discussed.
Financial Responsibility and Escrow Accounts (03:11:13)
The financial responsibility of the applicant was discussed, including the use of escrow accounts to cover township costs.

The meeting covered the financial arrangements for the project, specifically discussing the requirement for the applicant to maintain an escrow account. This account would ensure that any costs incurred by the township during the project would be covered without impacting the general funds. The process for replenishing the escrow account if exhausted was also explained.
Review of Special Land Use Standards (03:20:05)
The commission reviewed the standards for special land use, considering health, safety, and compliance with zoning conditions.

The special land use standards were reviewed, focusing on whether the proposed use would adversely affect public health and safety or be detrimental to neighboring properties. The commission discussed the conditions that need to be met by the applicant and confirmed that these standards were satisfied, allowing for the approval of the special land use application.
Approval of Special Land Use and Site Plan (03:28:01)
The commission voted to approve the special land use and site plan applications for the project, subject to conditions.

The commission conducted a roll call vote on the approval of the special land use and site plan. After discussing the conditions and standards, the applications were approved with the majority in favor. It was noted that although the site plan was approved, the applicant still needs to meet several additional requirements before proceeding with construction.
Next Steps for Project Updates (03:36:47)
Attorney coaches and fire chief to dialogue with applicant for next steps. Monthly updates to commission on project status.

Monthly updates will be provided for the commission to keep them informed about the project's progress. Updates from the applicant will also be requested to ensure the commission is aware of the project's status.
Text Amendment for Comstock Center (03:37:13)
Discussion on text amendment for Comstock Center to allow emergency child placement services.

The commission discussed the text amendment for the Comstock Center, focusing on allowing emergency child placement and office space for the Department of Health and Human Services. The applicant explained the need for the amendment, highlighting the services they aim to provide and the current limitations due to zoning. The discussion included the classification of the facility within the zoning sub-districts and whether it should be considered a special land use or permitted by right. The commission acknowledged the applicant's patience and expressed the need to set a public hearing for the amendment.
Discussion on Emergency Child Placement Facility (03:40:59)
Applicant explained the operations and needs of the emergency child placement facility. The commission discussed licensing and zoning implications.

The applicant provided detailed information about the proposed emergency child placement facility, including the number of children it would accommodate and the services offered. The commission discussed the implications of permitting such a facility in the downtown Comstock area, considering zoning regulations and the need for special land use permits. Applicant assured the commission that all operations would comply with state licensing requirements. The discussion also covered potential conditions for operation, such as maximum occupancy and facility standards.
Next Steps for Text Amendment Process (03:50:05)
The commission discussed the next steps for the text amendment process, including setting a public hearing and reviewing proposed conditions.

The commission outlined the next steps for advancing the text amendment process for the emergency child placement facility. They agreed on the need for a public hearing to discuss the proposed amendment and considered the possibility of permitting the facility with specific conditions. The commission acknowledged the urgency of the matter and aimed to expedite the process to allow applicant to begin operations. They planned to work with attorney coaches to draft the amendment and prepare for the next commission meeting.
Discussion on Data Center Regulations (04:01:01)
The commission discussed the need for data center regulations, considering noise, water, and energy impacts. Sample ordinances were reviewed.

The commission discussed the importance of establishing regulations for data centers in the township. They reviewed sample ordinances and identified noise, water usage, and energy consumption as critical issues to address in the regulations. The discussion included the necessity of showing due diligence in determining whether the township has appropriate locations for data centers. The commission considered setbacks, zoning classifications, and the potential impact on the community as part of their regulatory framework.
Discussion on Industrial Districts and Ordinance Language (04:05:44)
The board discussed potential sites and acreage in industrial districts and the need to draft ordinance language. Two options were proposed: analysis and language development.

The discussion focused on the number of acres available in industrial districts and the need to start drafting ordinance language. It was suggested that two options be pursued simultaneously: conducting an analysis and developing ordinance language. The urgency of the matter was noted due to time constraints, with a follow-up expected in October.
Data Center Ordinance and Moratorium Discussion (04:07:57)
The board reviewed a previous data center ordinance and considered options for sample ordinances from MTA. A dual pathway approach was suggested for analysis and ordinance creation.

The board discussed previous efforts regarding a data center ordinance and the moratorium. They considered utilizing sample ordinances from the Michigan Township Association (MTA) as resources. A dual approach was suggested: conducting an analysis and drafting sample ordinances to provide options for future decisions.
Solar Energy Facilities Ordinance Development (04:08:19)
Similar to data centers, the board discussed setting restrictions on solar energy facilities without state preemption and considered using sample ordinances for guidance.

The discussion on solar energy facilities focused on the absence of state preemption, allowing the board to set local restrictions. The board considered using sample ordinances as a basis for their own regulations, similar to the approach taken for data centers.
Citizen Comments (04:08:46)
Individual expressed concerns about road placement and impact agreements. She suggested improvements for address accuracy and well testing for residents.

During the citizen comment period, an individual raised concerns about the location of an access road and the need for impact agreements to include more homes. She also noted issues with the accuracy of addresses used for public notices and suggested well testing for residents as a precaution.
Updates from Other Boards (04:11:39)
A special board meeting was announced to address empty trustee positions. Other boards provided brief updates with no significant events reported.

The board received updates from various committees. A special board meeting was announced to fill vacant trustee positions. Other committees reported minimal activity, with the zoning board having only one meeting this year.
Building Permits Update (04:12:26)
The board received building permits information and future housing flyers as informational items only. This was appreciated by the board members.

An update was provided on building permits, which were included in the meeting packets for information purposes only. Additionally, a flyer regarding the future of housing in Kalamazoo County was distributed to board members.
Adjournment (04:14:19)
The meeting was adjourned after expressing appreciation for participation and updates on staffing changes were given.

The meeting concluded with expressions of gratitude for the participation of attendees and a brief update on staffing changes within the Township. The meeting was officially adjourned.