Minutes - Planning Commission|

Kimball Township Planning Commission

Kimball Township Municipal Office

2160 Wadhams Rd., Kimball Michigan


January 30, 2024

7:00 P.M.

Orr opened the Special Meeting at 7:00 p.m. with the Pledge of Allegiance.


       I.     ROLL CALL OF OFFICERS:  Orr, Barrett, Miller, Henry, Howard and Tuttle.


    II.     ABSENT:  Hoffman.


III.     ALSO PRESENT:  Supervisor Usakowski, Clerk Wrubel and Neil Erickson.



Barrett motioned to move the Master Plan from F. to A. under Old Business supported by Henry.  Motion Carried.


    V.      APPROVAL OF THE MINUTES:  Regular Meeting December 26, 2023

Barrett motioned to approve the minutes of December 26, 2023 as presented supported by    Tuttle.  Motion Carried.






A.    METRO PLANNING:  Goals & Objectives

Jeff Donaldson, Senior Planner with the Metropolitan Planning Commission brought a draft copy of the Township’s Master Plan and gave a description

of the Master Plan and its intent as a long-term vision.  It is a Risk Management Document and the public was involved in the process. 

The Master Plan per statute is supposed to be reviewed or updated every five years.  Master Plan looks at existing land use, people in housing, economic prosperity,

transportation and mobility, analysis of public facilities and services, the future of land use plan, zoning plan, and goals, objectives and implementation plan.


Barrett questioned about updating the ordinance and rezoning request.


Donaldson:  Part of the implementation would be to update the zoning ordinances.  In the interim of adoption of Master Plan and new zoning ordinance,

it would defer back to previously existing ordinances, taking into consideration the new Master Plan.


Additional comments and questions.


Barrett:  Regarding the 110 responses to the survey, is that sufficient?  Regarding the Future Land Use, it appears there is a major change on the Wadhams Road

with commercial and industrial use.  Based on public comments, township review, and anticipated growth development, it is recommended to keep commercial

on Wadhams and Lapeer Roads.




Barrett:  Discussed natural buffering between zones and recommended verbiage for establishing the buffer, allowing for a mindful use of the environment and water shed.


Orr suggests we take time to review the plan.


Donaldson has the electronic copy of the Master Plan to share. 


Usakowski requested committee review the proposed Master Plan, so it can be adopted. We can bring it up at the next meeting.


Barrett:  The next meeting has been canceled due to Elections.


Usakowski:  We will take a look at the calendar for February to schedule a meeting.


B.     REVOCATION OF SPECIAL EXCPETION: 74-25-002-3001-000: 5078 Lapeer Road:  Hammar (Assisted Living Facility)

Erickson:  Requests have been made to revoke Special Exception.  Our ordinance allows for an approved Special Exception to be revoked after one year without progress on project. 


Barrett moved to revoke Special Exception granted for Assisted Living Facility at 5078 Lapeer Road, based on Zoning Ordinance Article 4 #20.402 supported by Howard.


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

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


C.    REVOCATION OF SPECIAL EXCEPTION: 74-25-002-3001-000: 5078 Lapeer Road: Hammar (Child Care Facility)

Barrett moved to revoke the Special Exception for Child Care Facility at 5078 Lapeer Road based on Zoning Ordinance Article 4 #20.402 supported by Tuttle.


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

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


D.    REVOCATION OF SPECIAL EXCEPTION: 74-25-745-0014-500: Lapeer Road, Ainsworth (Multiple Use Complex Development)

Barrett moved to revoke Lapeer Road, Ainsworth Multiple Use Complex Development Special Exception based on Zoning Ordinance Article 4 #20.402 supported by Henry.


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

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


E.     SITE PLAN REVIEW:  74-25-002-3006-100: Wadhams/Horseshoe.  VINCKIERS – A&W

Erickson:  The Site Plan has been re-worked, reviewed and a letter has been issued from the Fire Department.


Barrett moved to receive and file the Vinckiers property plans, with the Kimball Fire Department review dated January 25, 2024, and Tetra Tech letter dated

January, 15, 2024 regarding the approval of the Site Plan supported by Tuttle.  Motion Carried.


F.     SITE PLAN REVIEW: 74-25-745-0114-001: 5230 Griswold, Sparlingville Baptist (Auxiliary Building)

Orr:  I received a letter from the Fire Chief stating that the plans for this property are non-compliance and he did not approve it.


Dr. Whitican– SJW Engineering.  We are the engineering firm that is responsible for conducting the Site Plan Work Force for Sparlingville Baptist Church. 


Barrett:  Request review of the authorization date of January 25, 2024. 


Dr. Whitican went over what is needed to continue the project.  Document pre-check asked to resubmit.  This is typically requested in building permit.

We submitted a full set of architectural drawings prior to the Site Plan Drawings that you have now.  We were asked to resubmit only the floor plan and the Site Plan. 

The Site Plan is sealed and the occupancy type was listed on the original Architectural Plans.  Do you need the whole architectural package that we have?


Orr:  Just the Site Plan.


Barrett:  Discussion regarding differentiation in Fire Department report between “not observed” and “not compliant”.


Whitican:  Fire access road signage required in plan details are provided, striping may be necessary when determined by the fire official.  We will need input from

both the fire officials and civil engineer.  An ingress and egress are listed on our Site Plan. An emergency turnaround in order for a fire truck to maneuver is on the Site Plan.   


Comments on Site Plan in Civil Plan, regarding typical weight, compaction, asphalt versus gravel.  Ninety-Six percent of it is going to be gravel.  We have designed at road specs.


Howard:  Are you going to expand the asphalt with black top?


Whitican:  Yes.


Whitican explained that they planned on using a 6-inch line to run to the hydrant which will be in the Civil Engineers documentation and include the set of calculations. 

We can provide that calculation if that is going to get us approved.  The hydrant is being added for future expansions.


Erickson:  He agreed to add the hydrant the Fire Chief is requiring.


Tuttle:  For the future expansion, do you have to have a second hydrant?


Whitican:  No.


Barrett:  Was this decision in the cost benefit analysis, as would the hydrant cheaper than a sprinkler system?


Whitican:  The hydrant puts us within compliance as far as the Fire Marshall is concerned.


Erickson:  They will put the hydrant in, get the turnaround in, and all the other ones are on the Site Plan or on the Engineer drawing and the Architectural drawing. 

They can’t do the Architectural drawings until he gets the Site Plan approve which could take up to eight months.  Request to provide cross sections of the parking lot.


Whitican:  I can do that.


Tuttle:  Can you show the turnaround on the Site Plan?


Whitican:  I can do that also.




Barrett motioned to approve the Site Plan for final approval on the conditions that it is signed off by the Fire Chief during his inspection

of 5230 Griswold Road, Sparlingville Baptist supported by Howard.


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

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



A.    ORDINANCE 142 PROPOSED AMENDMENT: Portable Storage Containers

Erickson presented ordinances from other municipalities, one from Clay Township, regarding box cars.  Not many other municipalities allow for box cars.

The standard height is eight feet.  In our ordinance it would fall under Special Exception Use.


Barrett:  If you look in our Ordinance under Permitted Uses in R-1, number five, it says accessory buildings in use customarily incident in any of forgoing

uses is a permitted use, but then is also considered a Special Exception Use in R-1.  This is a contradiction in our own ordinance. 




Barrett:  20.607 is associated with the setbacks and the coverage and single family residential. 


Orr:  It is 8 X 20 and less than 200 square feet.


Tuttle motioned to amend the Zoning Ordinance Draft for portable storage containers in residential areas supported by Howard.  Motion Carried.



Barrett motioned to postpone the crematorium supported by Miller.  Motion Carried.


C.    RFQ for TOWNSHIP PLANNER: Request to Board of Trustees

Usakowski advised it is on the agenda for next week’s meeting



Usakowski discussed recent legislation passed on the Solar Farms which limits local municipality ability to regulate.  There is a proposal out to reverse it

called Citizens for Local Choices and they are trying to get that on the ballots.  There are petitions out to support this proposal.  Another proposal is Axe MI Tax

which would eliminate property taxes.  It would limit State Revenue to Essential Services which would mean no parks or other millage-based funding.




Howard questioned about High Grade and how far are they in moving.


Erickson mentioned that they are about 60% built.


Howard:  Requested update on projects at Allen and Lapeer Roads.


Erickson:  I had two meetings with the engineer and DPW, and we came up with a solution with the piping.  It has been settled and is in the construction drawings.


Howard:  Where are we at with the Assisted Living Facility at 25 Range Road?


Erickson:  They got their EGLE Permit, their Soil Erosion Permit and they asked me if they can clear the property this month.  They need the permit from EGLE first.


Robert Fielitz, 870 Sturdevant Road:  I have observed that the county has purchased land east of the landfill to remove dirt.  They are using the dirt to cover the garbage. 

The parcels that they have purchased, they did not say if they were going to use the property for the landfill, which I think that they will.  I’m trying to prevent them from doing so. 

I think that that land should be turned into a park.  What I am proposing is to insert into the township records a mechanism to trip a requirement to notify the community

at large if these parcels come up for rezoning.  Establish and record a method to make a good faith effort to notify residents out to three miles.  Citizens need to be concerned.


    X.      REPORTS

A.    Bill Orr, ZBA

No report.


B.     Erik Hoffman, Kimball Township Board of Trustees




Barrett motioned to adjourn the meeting at 8:59 p.m. supported by Henry. 

Motion Carried.


Meeting adjourned at 8:59 p.m.


Submitted by Bill Orr, Chair


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