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Commissioners question developer on ‘unforeseen’ wetland costs in Springs at 5 Brownfield plan
Summary
Planning staff presented a 284‑unit Brownfield plan for M‑5 and Pontiac Trail that would set aside 100 units at up to 120% AMI and seek $13 million in state school tax capture for infrastructure; commissioners pressed the developer on why wetland/dewatering issues were “unforeseen.”
Planning staff presented a Brownfield plan for the Springs at 5 & Main, a proposed 12.12‑acre Commerce Township development with 284 housing units across nine three‑story buildings. Brad Hanson (planning) said the developer proposes to set aside 100 units for households at or below 120% of area median income (AMI) and requested a 10‑year capture period under the Brownfield law; the developer is seeking up to $13,000,000 to reimburse site‑prep and infrastructure costs that staff says were incurred due to unforeseen circumstances.
“100 units of this development are gonna be set aside for affordable housing at 120% of AMI or below,” planning staff said, noting the capture request is primarily from state school tax revenues that would reimburse the developer for infrastructure and site work. Commissioners asked detailed questions about what the “unforeseen circumstances” entailed; Commissioner Johnson said the packet describes dewatering and “unsuitable land to build on,” and asked why those conditions were not foreseeable given imagery that showed wetland conditions. Planning staff said the state ultimately must determine eligibility for the housing‑related Brownfield capture and that early discussions were held with MSHDA and the Brownfield authority.
Commissioners also pressed on mixed‑use eligibility (the project area includes a car wash and the larger Commerce TownPlace master plan), the number of affordable units originally planned versus current commitments, and parking (Commissioner Johnson noted a Commerce Township minimum of 568 parking spaces and a maximum of 682). Staff said the Brownfield Redevelopment Authority had approved the plan at its Oct. 28 meeting and reminded the committee that state rules and the 2023 amendment to the Brownfield law allow certain housing projects to qualify.
The committee voted to forward the Brownfield plan to Finance; commissioners asked staff to return with additional clarifying details (exact affordable‑unit distribution over time, parking counts, and more specificity on the “unforeseen” site conditions) ahead of further Board consideration.
Ending: Staff will prepare supplemental information requested by commissioners before Finance and Board review; a public hearing on adoption of the Brownfield plan was scheduled for Dec. 11 at the Board auditorium.
