Summary

• The proposed site for Microsoft's AI Data center is currently zoned Industrial - Planned Use Development (I-PUD) and is part of the The I-96 UNIT DEVELOPMENT ZONING DISTRICT

• As detailed below, the I-PUD and I-96 Planning Development District provides more restrictive community protections and is zoning by approval vs zoning by right.  Zoning by right allows a development to build whatever they want in essence, as long as it meets the zoning requirements.  The requirements laid out in the light industrial district are insufficient to account for proposed data center development.

• In March, 2025 the Planning Commission covertly added "Data Centers" as a permitted land use under the Industrial - Planned Use Development District, while knowing about the Data Center Development, but keeping it secret from the community in order to have a public dialogue

• In October, 2025 Franklin Partners, the developer working for Microsoft, submit an application to rezone the property to 'Light Industrial', which would significantly reduce community protections and effectively fast track the largest development in Lowell's history with the least restrictions possible.

• In January, 20225, the Planning Commission added numerous ordinance amendments to the scheduled public hearing, beyond what was originally required from the developer, including the removal of the I-PUD and I-96 Planning areas from the ordinances, which would be misaligned with the Township's Master Plan and remove the only zoned area currently permitting Data Centers.

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Highlighted sections from the Twp Zoning Ordinance:

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CHAPTER 1 - ENACTMENT AND PURPOSE

SEC 1.02 PURPOSES

b) To guide and protect the future growth of the Township in accordance with the Lowell Charter Township Land Use Plan and the growth and development goals contained therein;
c) To preserve the rural character as well as the social and economic stability of all parts of the
Township by encouraging its orderly and beneficial development;
d) To protect and preserve the value of land throughout the Township and the value of buildings
appropriate to the various districts established by this Ordinance;

h) To preserve farmland for agricultural uses, especially prime agricultural lands;
(1) To consider and acknowledge the use of land for agricultural purposes under the same values, priorities and terms in the zoning ordinance as other uses of land are considered;
(2) To discourage sprawl development especially in areas where residential development is not
considered the highest and best use of the land;
(3) To encourage development in other areas which are not suitable for agriculture by making
these areas more attractive through zoning;​​

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CHAPTER 15 - I-96 PLANNED UNIT DEVELOPMENT ZONING DISTRICT (I-96 PUD)

SEC 15.01 INTENT AND PURPOSE (THIS ENTIRE SECTION IS WHAT THE PLANNING COMMISION TRIED TO REPEAL IN JANUARY 2025!, why do you think that is?)

The I-96 Planned Unit Development Zoning District (I-96 PUD) is a recommendation of the Lowell Charter Township Master Plan. It is specifically intended to allow for a variety of complementary land uses in a planned setting on land located west of Alden Nash Avenue between Cascade Road and I-96. This land, which is highly visible from adjacent major roadways, presents challenges and opportunities in designing land uses which are compatible with and protective of the site’s wetlands, wooded areas, open land and steep slopes
 

The I-96-PUD regulations are intended to permit development of this location in accordance with the recommendations of the Master Plan while allowing a developer to utilize creativity in blending the different uses according to a unified theme. Development requirements which would normally apply to the uses may be modified to allow a project to be designed as a more desirable environment for working, shopping and living than one produced in accordance with typical zoning ordinance controls.

The objectives of the I-96 PUD are:
a) To allow a mix of uses, structures, and open space which, through the use of best development practices, can be designed to be considerably compatible with each other but also with existing and planned uses on nearby properties;
b) To achieve a unified development that will be a visually appealing and well-organized land use at the entranceway to Lowell Charter Township.
c) To allow for the design of developments that achieve better utilization of land than is possible through strict application of standard zoning controls;
d) To encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic conditions, and does not adversely affect wetlands, the natural drainage pattern, and other natural site features;
e) To achieve a unified mix of land uses, building styles and building and road placement that will function efficiently and be aesthetically pleasing.
f) To provide for the regulation of legal land uses not otherwise explicitly authorized within this
Ordinance.​

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SEC 15.03 PERMITTED USES
Land and buildings may be used for the following purposes:
a) Permitted uses and accessory uses in the C, Commercial zone and the LI, Light Industrial zone according to the applicable standards in the Table of District Regulations herein.

(Data Centers are presently only permitted in the I-PUD / I-96 Planning Area, due to March 2025 Ordinance 2025-01Z)
b) Special Land Uses in the C, Commercial zone and the LI, Light Industrial zone according to the applicable standards in the Table of District Regulations herein.

(Data Centers are not presently defined in the commercial or light industrial zoning)

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SEC 15.05 DEVELOPMENT STANDARDS

Performance Standards. Land or buildings shall not be used or occupied in any manner so as to create any dangerous, noxious, injurious or otherwise objectionable fire, explosive or other
hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; electrical
disturbance; glare; liquid or solid refuse or wastes; or other dangerous or objectionable substance, condition, or element in such a manner or such amount as to adversely affect the environment or surrounding community as measured from the property line.

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The following standards shall specifically apply:
(1) Baffling or muffling devices or other precautionary means shall be employed with processes
or operations causing objectionable noise characteristics to prevent objectionable levels when
measured off the property during normal operation.
(2) Operations, processes or products which, during normal operations, emit odors that are
detectable at any point beyond the property from any use are prohibited.
(3) Any operation which produces intense glare or heat shall be conducted only within an
enclosed or screened area and in such a manner that the glare or heat emitted will not be
discernible off the property line.
(4) Every use shall be so conducted so that the vibration generated by the use cannot be detected off the property without the use of instruments.

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SEC 15.06 APPLICATION AND REVIEW PROCEDURES

(4) Environmental Impact Assessment. The Planning Commission may require an environmental impact assessment as part of the Preliminary PUD Site Plan or Final PUD Site Plan. This assessment shall describe the effect and impact that the proposed PUD will or may have upon or with respect to the following matters:
i. The lands involved and the adjacent and nearby lands; streams, rivers, wetlands, and the
quality and volume of surface and groundwater; wildlife and trees, and other significant
vegetation.
ii. Traffic congestion. A separate traffic impact study may be requested
iii. Additional costs to governmental units and school districts; police and fire protection;
storm water drainage; water supply and sewage disposal.
iv. Noise, vibration, dust and dirt, litter, smoke, odor, light, and glare;

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CHAPTER 16 - INDUSTRIAL PLANNED UNIT DEVELOPMENT I-PUD DISTRICT

SEC 16.01 DESCRIPTION AND PURPOSE

(THIS IS THE OTHER SECTION THE PLANNING COMMISSION TRIED TO REPEAL, I WONDER WHY...)

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....The district does not permit uses which result in adverse effects by reason of noise,
smoke, odor, dust, dirt, noxious gases, vibration, glare, heat, fire or other hazards, environmental pollution or other adverse effects.

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SEC 16.12 ENVIRONMENT STANDARDS
An Industrial PUD shall comply with the requirements of Section 14.12.

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SEC 14.12 ENVIRONMENTAL STANDARDS APPLICABLE TO ALL PUD DISTRICTS
(28 May, 93) (19 Aug, 02)
 

The following provisions shall be followed to protect the environment of the Township:

a) Each project shall be designed to have minimal adverse effect on the environment. Special
emphasis shall be placed on maintaining the quality of groundwater, streams, and rivers. Trees
shall be preserved wherever feasible.
b) Development in environmentally sensitive areas, such as wetlands, natural drainage courses, and floodplains, shall not be permitted. Floodplains shall include all flood-prone areas along any rivers or streams with a drainage area of at least 1 square mile in area. Development on slopes exceeding 12 percent shall not be permitted unless justification satisfactory to the Planning Commission is submitted by the applicant.
c) Access drives and roads, but not parking areas, may be permitted to cross environmentally
sensitive areas if evidence is presented showing that natural drainage courses are not negatively impacted and that no other reasonable or prudent alternatives exist.
d) A wetlands determination, approved or conducted by the Township's Engineers, shall be made if requested by the Planning Commission.