Minutes - Planning Commission|

KIMBALL TOWNSHIP PLANNING COMMISSION

KIMBALL TOWNSHIP MUNICIPAL OFFICE

2160 WADHAMS RD., KIMBALL MICHIGAN

PUBLIC HEARING/REGULAR MEETING

APRIL 26, 2022

6:30 P.M.

Barrett opened the meeting at 6:30 p.m. with the Pledge of Allegiance.

 

ROLL CALL OF MEMBERS: Barrett, Hoffman, Miller, Howard and Tuttle.

 

ABSENT: Orr and Henry.

 

Tuttle motioned for Barrett to chair the meeting supported by Hoffman.

Motion Carried.

 

ALSO PRESENT:

 

  1. APPROVAL OF AGENDA

    Barrett: Add Special Use Exception Under New Business 3. C.

     

    Hoffman motioned to approve the agenda as amended supported by Tuttle.

     

    ROLL CALL VOTE: YES: Hoffman, Tuttle, Howard, Miller and Barrett.

    NO: None. ABSENT: Orr and Henry. (5-0-2) Motion Carried.

     

  2. APPROVAL OF THE MINUTES FOR MARCH 22, 2022

    Tuttle motioned to approve the minutes from March 22, 2022 supported by Howard.

     

    ROLL CALL VOTE: YES: Tuttle, Howard, Miller, Hoffman and Barrett.

    NO: None. ABSENT: Orr and Henry. (5-0-2) Motion Carried.

     

  3. NEW BUSINESS
  4. Public Hearing – Special Exception Use: FOREMAN 74-25-034-2004-300: 5599 Smiths Creek Rd: Home Occupation Use: Firearm Manufacturing.

     

    Hoffman motioned to open the Public Hearing at 6:33 p.m. supported by Tuttle.

     

    ROLL CALL VOTE: YES: Hoffman, Tuttle, Howard, Miller and Barrett.

    NO: None. ABSENT: Orr and Henry. (5-0-2) Motion Carried.

     

    Jordan Forman, 5599 Smiths Creek Road: Requesting an upgrade from a Type 1 License to a Type 7 License.

     

    Terry Trudel, 2068 Edward Lane E.: Would like to know more about the Fire Arm Manufacturing.

     

    Erickson: I did not receive any calls or letters from the Public Hearing Notice.

     

    Barrett: What type of license do you have from FFL? What type of license are you requesting now?

     

    Foreman: I have a Type 1 Dealer, and I am requesting a Type 7 Manufacturing.

     

    Barrett: Is there anything in regards to Type 7 that you are allowed to do under the FFL law, but would not likely to be doing at your place of resident?

     

    Foreman: No.

     

    Erickson: We received a call from State, no public gun range.

     

    Miller: Questions regarding components to assemble, no current equipment, no additional employees and no accessories. Area in house will be office. What kind of security do you have?

     

    Foreman: I have alarms and cameras.

     

    Hoffman: What kind of advertising will you have?

     

    Foreman: Social media, no signage.

     

    Discussion.

     

    Miller motioned to close the Public Hearing for 5599 Smiths Creek Road at 6:44 p.m. supported by Tuttle.

    ROLL CALL VOTE: YES: Miller, Tuttle, Howard, Hoffman and Barrett. NO: None. ABSENT: Orr and Henry. (5-0-2) Motion Carried.

    Barrett: Address application for Special Use Exception modification for 5599 Smiths Creek Road. Broaden the Special Exception Use to include a Type 07 Manufacture of firearms license that is allowed per the ATF.

     

    Discussion.

     

    Hoffman motioned to approve the modification of this Special Use Exception agreement that was approved on November 9, 2020 including a Special Occupation Taxpayer
    Exception contingent on good standing with the ATF supported by Miller.

     

    ROLL CALL VOTE: YES: Hoffman, Miller, Barrett, Howard and Tuttle.

    NO: None. ABSENT: Orr and Henry. (5-0-2) Motion Carried.

     

Open Public Hearing at 6:44 p.m. for ALDI Inc.

  1. Public Hearing – Special Exception Use: ALDI Inc. 74-25-310-0004-000/74-25-310-0005-000/74-25-310-0006-000: 4570, 4584, 4590 Gratiot Road: Lighting Fixture Height and Signage.

     

    Chris Grzenkowicz, P.E.: Lighting: Proposing 29 foot light pole, Proto type Standard. Four food base plus 25 foot pole. It will be easily accessible, achieve proper lighting and commercial licensing.

     

    Signage: Two ALDI Logo Signs. One on the South side of the building facing Gratiot Road and one on the East side of the building facing the parking lot visible from Range Road. These are 75 foot signs.

 

Maureen Docherty, 953 Emerald Court, Marysville: My family has owned this lot on Gratiot between the proposed ALDI site and the State land for the past 70 plus years. In relationship to the lighting, will it bring a negative value to our lots now or in the future?

 

Erickson: On the Site Plan the LT1 it shows the foot candles meet our ordinance at property line.

 

Discussion.

 

Tuttle motioned to close the Public Hearing for the two Special Exception Use for ALDI at 6:56 p.m. supported by Miller.

 


ROLL CALL VOTE: YES: Tuttle, Miller, Barrett, Hoffman and Howard.

NO: None. ABSENT: Orr and Henry. (5-0-2) Motion Carried.

 

Special Exception for Lighting of Aldi Inc.

 

Barrett explained the lighting height. What is the current lighting at CVS and Lumber Store?

 

Grzenkowicz explained how the lighting would operate during business hours and after hours plus security lighting.

 

Discussion.

Tuttle motioned to grant a Special Exception for lighting at 29 foot with security lighting or photo cell timer supported by Miller.

 

ROLL CALL VOTE: YES: Tuttle, Miller, Howard, Hoffman and Barrett.

NO: None. ABSENT: Orr and Henry. (5-0-2) Motion Carried.

 

Special Exception for Wall Signs of ALDI Inc.

Barrett: Square footage for Wall Signage. The ordinance states that within this total allowable area an allowance of up to 32 square feet maybe used for wall or marquee signs at a side or rear entrance unless approved. You want two wall signs at 75 square feet each.

 

Hoffman motioned to approve two wall signs at 75 square feet each supported by Howard.

 

ROLL CALL VOTE: YES: Hoffman, Howard, Tuttle, Miller and Barrett.

NO: None. ABSENT: Orr and Henry. (5-0-2) Motion Carried.

 


  1. Site Review – ALDI Inc. 74-25-310-0004-000/74-25-310-0005-000/

74-25-310-0006-000: 4570, 4584, 4590 Gratiot Road

 

Barrett: Special Exceptions were included in the Site Plan.

 

Christopher A. Grzenkowicz, P.E.: Description of the property is 2.77 acres and is zoned C-1 Commercial. Discussed the building and parking. Building is designed to expand if needed. It will be a single story steel structure building with one pilon sign in the island.

 

Barrett questioned about whether it will be a pole sign or monument sign.

 

Grzenkowicz: We only do pole signs.

 

Discussion.

 

Fire Department Review: Compliance. Modifications will need to be made.

 

Grzenkowicz: Driveway for deliveries will be the standard route.

Wetlands: Review of aerials shown on plans in the area with Environmental Reviews.

 

No EGLE permit required.

 

Barrett: Discussion regarding connected parking lot with CVS.

 

Grzenkowicz: We’ve added notations to the Site Plan. If the connection with CVS was not approved, then that driveway would not be constructed.

 

Discussion.

 

Miller questioned about distance in property lines.

 

Grzenkowicz explained that the attorneys with all three properties (ALDI, CVS and Lumber Jack) will have to work it out.

 

Hoffman motioned to approve the Site Plan as submitted with the requirements to address issues identified in the April 19 and 20, 2022 letters from Tetra Tech supported by Howard.

 

Barrett: #14, are we going to mandate that?

 

Discussion.

 

Hoffman motioned to approve the Site Plan as submitted with the requirements to address issues identified in the April 19 and 20, 2022 letters from Tetra Tech amended to require #14 supported by Howard.

 

ROLL CALL VOTE: YES: Hoffman, Howard, Barrett, Miller and Tuttle.

NO: None. ABSENT: Orr and Henry. (5-0-2) Motion Carried.

 

  1. OLD BUSINESS
    1. Maximus Storage – Engineer Letter

    Self-Storage Unit: Review of Site Plan approval from April 22, 2022 update.

     

    Erickson: I do have a new drawing from Mr. Simpson (Engineer) with a 12 inch hydrant coming into the parcel that will be private.

     

    Barrett: We approved the Site Plan back in January based on a Tetra Tech letter dated January 24, 2022. Now we have an updated letter from Tetra Tech with requirements for such Site Plan dated April 22, 2022. Is there consideration to move the approval of the Site Plan with the additional stipulations indicated in the April 22, 2022 Tetra Tech letter?

     

    Tuttle motioned to approve the Site Plan update from Tetra Tech supported by Howard.

     

    ROLL CALL VOTE: YES: Tuttle, Howard, Miller, Hoffman and Barrett.

    NO: None. ABSENT: Orr and Henry. (5-0-2) Motion Carried.

     

    1. Draft MMA Ordinance

    Discussion regarding letter from our Township attorney.

     

    Tuttle: Would like to see an Annual Inspection for Caregiver Operations.

     

    Erickson: Annual Inspection: Can review Special Usage and revoke. We could do an annual inspection like we do for the trash collectors and junk yards and collect a fee. We have also been looking into the Certification of Compliance.

     

    Discussion.

     

    Barrett: What are the expectations in regards to an annual inspection? What is the expectation of the Planning Commission?

     

    Usakowski: If you want inspections included, then put it in the ordinance or bring it back to the Township Board.

     

    Barrett: Draft a General Law Ordinance. Do we want to ask the attorney to update based on his comment with some clarity from us in regards to Annual Inspections and review next month or just give him some specific directions at this time and schedule a Public Hearing next month?

     

    PRE Language: Okay to inclusion.

     

    Annual inspections and fees: Consensus for seeing it in the Ordinance.

     

    Hoffman motioned to request the township attorney bring forward a finalized draft in an ordinance for the township for next month supported by Howard.

     

    ROLL CALL VOTE: YES: Hoffman, Howard, Tuttle, Miller and Barrett.

    NO: None. ABSENT: Orr and Henry. (5-0-2) Motion Carried.

 

  1. AUDIENCE PARTICIPATION

    Heather Miller, 2079 Edward Lane W: John/Barb Keeler, 2081 Edward Lane W.:

    Mike/Lanie Little, 2030 Edward Lane W: Are here concerning the Phragmite and flooding in their neighborhood and are hoping that the ARPA money that the township gets will help eliminate these problems.

     

    Usakowski: That will be a Township Board decision. We are doing a survey that is in the township newsletter. Eliminating phragmite probably won’t help with the flooding issue. I will talk to Bob Wiley to see what can be done.

     

    Discussion.

    Matt Crowe, 7261 Smiths Creek Road: MMA License/Permits. 99% of these people are only in it to make money. If you have a 40′ x 60′ pole barn, you can legally grow 72 plants. The only way to curtail that is with an in-person inspection.

     

    Discussion.

     

    Kristina Nelson, 7263 Smiths Creek Road: To remind the board that Sheriff Matt King said that his deputies would be willing to take on the inspections and license fees.

     

    Rob Usakowski: We have had a potential sale for the Afr property. We need to look at the Master Plan/Future Land Use/Parks and Recreation/R1 just in case for future projects.

     

  2. REPORTS
    1. Bill Orr, Watershed

    Absent.

     

    1. Bill Orr, ZBA

    Absent.

     

    1. Erik Hoffman, Kimball Township Board of Trustees

    No report.

 

  1. ADJOURNMENT

    Miller motioned to adjourn the meeting at 8:56 p.m. supported by Tuttle.

    Motion Carried.

 

    Meeting adjourned at 8:56 p.m.

 

    Submitted by Brad Barrett, Trustee

 


 

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