Minutes - Planning Commission|

Kimball Township Planning Commission

Kimball Township Municipal Office

2160 Wadhams Rd., Kimball Michigan

Public Hearing/Regular Meeting

February 28, 2023

6:30 P.M.

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


Roll Call of Members: Orr, Barrett, Hoffman, Miller, Henry and Howard.


Absent: Tuttle.


Also Present:
Neil Erickson, Building Inspector.


  1. APPROVAL OF AGENDA: Public Hearing/Regular Meeting

    Barrett motioned to approve the Agenda as presented supported by Hoffman.

    Motion Carried.


  2. APPROVAL OF THE MINUTES: Regular Meeting January 24, 2023

    Barrett motioned to approve the minutes for January 24, 2023 as presented supported by Henry. Motion Carried.


    1. PUBLIC HEARING Special Exception: 74-25-001-1001-010: Allen Road, XPress Holdings (Gas Station with Retail)

    Barrett motioned to open the Public Hearing for Special Exception on Allen Road at 6:35 p.m. supported by Hoffman. Motion Carried.


    John Monte, 2420 Pointe Tremble Road, Algonac represents Xpress Holdings:

    We are proposing to construct a gas station with a convenient store. The convenient store will be approximately 4,000 square feet with typical gas pumps and diesel fills as well. We are trying to keep the entrance away from the intersection.


    Barrett asked if Monte had seen the letter of January 19, 2023 from Tetra Tech.


    Monte: Yes I did. I am aware of the comments and will address them all.


    Barrett: I would like to see clarity and verification for the setbacks on Lapeer Road from the engineer.


    Monte: I will check into it.


    Erickson commented.


    Howard asked if they have a brand for the gas.


    Owner commented that they have not signed with one yet but are considering Amoco (BP Brand).


    Barrett: This does not include signage approval at this time?


    Monte: Correct.


    Barrett questioned about the larger parcel and shows that it has two zonings. The frontage is C-1 and the rest is residential. The application being for the whole parcel concerns me when we go to the approval process. How are we distinguishing the difference between your limitations of your frontage for the commercial? Are you going to comply with the requirement to split?


    Monte: Absolutely.


    Erickson: There is a check in our safe for the lot split application for that purpose.





    Colleen Fenner-Mortimer, 2826 Manchester: Questioned about why we need another gas station and convenience store when there are so many in the township now.


Howard: Are you going to have a liquor license at this store like at the Taylor Road one?


Owner: There isn’t one available right now.


Barrett: What about beer?


Owner: Yes, we will have beer and wine.


Orr: We will hold the Public Hearing open for thirty minutes.


  1. PUBLIC HEARING Special Exception: 74-25-002-2001-010: Allen Road, SSK Ground (Multi-Unit Residential)

Barrett motioned to open the Public Hearing at 6:49 p.m. for the Special Exception for Allen Road, SSK Ground (Multi-Unit Residential) supported by Hoffman. Motion Carried.


John Monte, 2420 Pointe Tremble Road, Algonac: Multi-Use Residential, we submitted a recent plan with clarity of Phase 1. We do want a Special Exception Mini Storage Units at the southern end of the development. It does have a different zoning as well. We need to do a lot split with that property as well. The water metering is updated and will be one meter pit not looped. Sewage meter if necessary.


Howard: Will the mini storage be for just the housing project or will it be for the public as well?


Monte: For the public also.


Barrett: Questioned about the standards of the parking at the mini storage.


Monte: The intention of this set up will be that there is no office at this facility and everything will be electronic. The only parking will be for each person to park in front of their unit. Everything will be done online.


Barrett: When we get to the Site Plan, will this be considered a Private Road?


Monte: Yes.


Barrett: What are we using in defining the access point for this specific piece if it is going to be split?


Monte: We will create an Ingress/Egress easement for that property. We are trying to avoid two driveways close to one another.


Barrett: Has the Road Commission made a comment in regards to Allen Road?


Monte: We won’t get a permit until after the Site Plan is approved.




Erickson: The Fire Department did approve the drawing.


Barrett addressed concerns about the density. Letter from Tetra Tech does not address density. As a result, they said it is going to be split anticipating the future sale of a commercial property.


Erickson: It has to be split.


Barrett: Is square footing being addressed? I am concerned about the retention ditch, how it will be funded, as it is owned and maintained by the Condo/Home Owners Association, but benefitting the apartments and a commercial entity.




Monte: Explained that a retention pond is a requirement.




Kristina Nelson: Wondered why the request from the Planning Commission about a professional planner wasn’t on this agenda.


Orr: Mr. Usakowski said that there are 11 people who looked at it. That is all he said to me.


Nelson: When we spoke on the board it was not a “no” to that. He was asking for more information.


Orr: Nothing has been brought back to me yet.




Barrett motioned to close the Public Hearing for Allen Road Gas Station at 7:08 p.m. supported by Henry. Motion Carried.


Barrett motioned to close the Public Hearing associated with the Allen Road Project at 7:12 p.m. supported by Hoffman. Motion Carried.


Howard motioned to approve the Special Exception for 74-25-001-1001-010 Allen Road Xpress and Barrett would like to see this parcel split as a condition on the approval of a Site Plan and Howard agreed supported by Miller.


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

NO: None. ABSENT: Tuttle. (6-0-1) Motion Carried.


Barrett motioned to approve the Special Exemption for the Mini Storage with approval of the Site Plan and this section is to be split off from the current parcel supported by Hoffman.


YES: Barrett, Hoffman, Miller, Henry and Howard. NO: Orr.

ABSENT: Tuttle. (5-1-1) Motion Carried.


  1. SITE PLAN REVIEW: 74-25-001-1001-010: Allen Road, XPress Holdings (Gas Station with Retail)

Barrett: Site Plan Gas Station, set back not addressed. Placement of vehicles hasn’t been addressed either. No signage approved at this time. I questioned about the residential buffer to the north. I would also like to see the comments from the Road Commission.


Owner: Our property will have hedges and a tree line.


Monte: We will go through the design work for the grades/drainage and engineered plan for the Drain Commission. Is the landscape buffer sufficient for the buffer?


Barrett: Requested clarity for the enclosed storm.


Monte: Storm water detention is required.


Barrett asked what they will call the turning movements of large trucks, school buses, etc.


Monte: Traffic movement is called stacking plan.




Barrett motioned to tentatively approve the Site Plan with adjustments addressing letter submitted from Tetra Tech on January 11 with the following requirements to bring back, that being a stacking directional flow and also verification associated with the special set back requirements on Allen and Lapeer Roads for ordinance and to verify that signage is not approved at this time supported by Howard.




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

NO: None. ABSENT: Tuttle. (6-0-1) Motion Carried.


  1. SITE PLAN REVIEW: 74-25-002-2001-010: Allen Road, SSK Ground (Multi-Unit Residential)

Erickson asked why they want to separate the mini storage from the Multi Unit Residential?


Jay: They don’t want parking on site of the mini storage at all.




Barrett: If you did split it, do you know what the calculations are? I’m reading the chart now but the split in C-1 your parcel needs to be 1.5 acres. What is the calculation of the pond drainage?


Monte: The parcel is 2.91 acres.


Barrett: The density is showing R-3 side setback of 10 feet, rear setback is 35 feet and west setback is 50 feet.


Monte: Is there a coverage requirement?


Barrett: No.


Owner: My vision is to start Phase 1 construction as long as Building Site Plan is approved.


Barrett asked if they are going to go to the Road and Drain Commissions with the entire project or each phase at a time.

Owner: All at once.


Barrett: I’m not up to this project myself. I have concerns with the Condos, Private Roads benefitting commercial businesses, Home Owners Association, Master Deed/Condo

By-Laws and Drain Easement.




Barrett: How are we approving the Condo Act or Project for the ordinance being, are you submitting it all in its entirety for approval?


Monte: Yes, all engineering 100% completed.


Owner: Yes. We want it all approved at once but complete construction in phases.


Monte: We have to show on the Master Deed the Survey Plan layout and every utility in everything to show what the people are purchasing. Currently it is generic and may be revised.


Orr: As long as there are continuing efforts, Site Plan stays open.




Barrett mentioned the plan needs to be reviewed against the Condo Act.


Erickson said that Fulske will re-do the Master Deed agreement to address concerns. Erickson also asked Barrett why the properties would have to be split.


Barrett: There are two different zones going on there and two different sets of requirements associated with that. It will be very messy.


Howard: How long will it take you to get started on this project?


Contractor: It could take up to 90 days to get started.




Miller motioned to recommend the tentative approval of the Site Plan with the removal of the building called one and two out of the road easement with a tentative approval pending the county permits and engineering review supported by Howard.


YES: Miller and Howard. NO: Barrett, Orr, Henry and Hoffman. ABSENT: Tuttle. (2-4-1) Motion Does Not Carry


Owner: What happens if they don’t approve it?


Barrett: We are not against this plan and want to do it right.


Owner: We are coming back next month and we would like to have all the reviews done so we can correct anything that needs to be done.


Barrett: This is a large project and I would like to see if the Township Board would be willing to hire a planner for this project. Currently we have an engineer review but have limitation on planning multi-phase projects. Erickson doesn’t agree with such statement.


Barrett Motion: Request Township Board to consider allocating money necessary to have this plan to be reviewed by a professional planner, and if approved, submit such report by the next Planning Commission meeting in February. How much clarity do you need? Wrubel was here as well as you (Nelson).


Nelson commented.


Barrett: All you need to tell them that this board and I will sit on my soapbox for this. They need to be doing their homework. I’ve been living in Kimball Township all my life; they know what happened at Range Road and the Horizon Outlet Center because we didn’t do our due diligence.


Nelson: I brought those things up to the Township Board and they recognize that there are things that go through that shouldn’t go through but that isn’t our fault if things were signed off. Our job is to protect the resident.




Erickson: Let’s stick to the subject.


Barrett: No Neil, because this is why we are having issues right now. It is a trust issue because we don’t follow through.


Orr: I will contact Usakowski by email to meet with him.


Barrett motioned to postpone the approval of the Site Plan until the action of the Township Board in the hiring of a planner to review this project supported by Henry.


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

NO: None. ABSENT: Tuttle. (6-0-1) Motion Carried.


    1. MASTER PLAN UPDATE – Metro Planning Workshop March 11, 2023,

      9:00 a.m.


    Carwyn: All the boards are welcome to come.





    1. Bill Orr, Zoning Board of Appeals

    No report.


    1. Erik Hoffman, Kimball Township Board of Trustees

No report.



    Henry motioned to adjourn the meeting at 8:50 p.m. supported by Orr.

    Motion Carried.


    Meeting adjourned at 8:50 p.m.


    Submitted by William Orr, Chairman


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