Minutes - Planning Commission|





JULY 25, 2023

6:30 P.M.

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


Barrett, Hoffman, Miller, Howard and Tuttle. Orr arrived at 6:39 p.m.


ABSENT: Henry.



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

    Motion Carried.


  2. APPROVAL OF MINUTES: Public Hearing/Regular Meeting June 27, 2023





  5. SITE PLAN REVIEW: 74-25-014-1004-000/ 74-25-014-1001-000 – Vacant Griswold Rd/Wadhams Rd – PROTEL Timber Meadows


    Orr questioned regarding what kind of lighting they will have.


    Could not hear the answer.


    Erickson: It will be individual metered per unit for water.


    Jeff Frasier, builder: I have not discussed that yet.


    Erickson: It’s a public road with single family units?


    Tuttle: Will you rent them out or sell them?


    Frasier: The goal is to sell them.


    Tuttle: These are about 1300 square feet homes and do they have basements?


    Frasier: 1,400 square foot and yes they will have basements.


    Orr: Christine has the documentation from the DPW in regards about the force main for the sewer.

    Carwyn: Yes I do.




    Orr: How many units will be on Griswold?


    Frasier: There will be six.


    Erickson: The water main will be to the end of the property for future growth.


    Tuttle motioned to approve the Site Plan for Protel Timber Meadows supported by Miller.


    Howard: At the last meeting it was discussed about putting up a privacy fence for the people already living there. The gentleman said he will put a privacy fence up but now there is no money to put a fence up. What else is going to change?


    Frasier: We changed the whole east side to single family homes which doesn’t adhere to the zoning rules so it doesn’t require a fence.


    Tuttle: We don’t have the right to make them put up a fence.


    ROLL CALL VOTE: YES: Tuttle and Miller. NO: Barrett, Orr, Howard and Hoffman. ABSENT: Henry. (2-4-1) Motion Denied.


    Tuttle questioned if we can make a motion that will pass. What is wrong with this plan?


    Erickson: The neighbor wants them to put a fence up.


    Tuttle: Then the neighbor should put up a fence if they want a fence.


    Miller: Why does it need to have a fence?


    Orr: They didn’t want all the people and they have a pool they are worried about.


    Erickson: No they don’t. They don’t even have a permit for a swimming pool.


    Orr: The lady next door does.


    Erickson: The person that was making motion about that she doesn’t even have a permit for a pool.


    Howard: The discussion starting because they didn’t want a city to come into their backyard. This is a city that you are building and I’m all for it but I think that still needs a six foot privacy fence.

    Orr: I don’t think that is fair to ask of him.




    Frasier: What is the no?




    Porte: He has a legal right to develop the property. What does not comply with the ordinance?


    Orr: Shelly Gilbert from the last meeting asked why the project was so big.


    Erickson: They own the property.


    Tuttle: He has the right to develop this property for his enjoyment as long as it is within the confines of the ordinance. What on here is not in compliance that would give you the legal ability to say he can’t do this?


    Barrett: There are sections in the ordinance that I have concerns with. One is with the traffic study because of the number of units that you have. The lighting is another issue. It says final approval should not occur until the Special Assessment district has been referred and approved by the township board. There is a note in regards to whether these lights are going to be DTE lights or privately owned. There also a section regarding to performance and security. I do have a question about the berm because there is a section that references C-2 needing a wall. In regards to the zoning issue itself, there is a question associate with the R-2 frontage, it says 35 feet from the plan throughway right-a-way and yours does depict 25 feet.




    Barrett: Has there been a discussion to the Maintenance Agreement?


    Frasier: There has been no discussion but there is a requirement of the Drain Commission.


    Howard: I really want to see this property go but I would also like to see a privacy fence.




    Orr: I would like to see a Performance Bond.


    Howard motioned to approve the project on Griswold and Wadhams Road with a Performance Bond supported by Tuttle.


    ROLL CALL VOTE: YES: Howard, Tuttle, and Miller. NO: Orr, Barrett and Hoffman. ABSENT: Henry. (3-3-1) Motion Died.


    Barrett motioned to postpone the Site Plan Review at Griswold and Wadhams Roads requesting that plans comply with Ordinance 171 in and the Zoning Code supported by Hoffman.


    ROLL CALL VOTE: YES: Barret, Hoffman, Howard and Orr.

    NO: Miller and Tuttle. ABSENT: Henry. (4-2-1) Motion Carried.


  6. SITE PLAN REVIEW: 74-25-036-3004-000—25 S. Range Road—TELEGADA Grace Memorial

    Louis Telegadas, 55943 Ashbrook Drive East, Selby Township, MI. We attended a meeting on June 27 and we were given a set of criteria’s to get final Site Plan approval for Grace Senior Living. We provided the township with all the corrections and all the asks of the township for Site Plan approval. In addition to that, we were pro-active in looking at Lot 21, which is part of the property. That piece of property was not put in the initial wetland Delineation Report by EGLE. We hired Dortman Environmental to come and look at Lot 21 because we were going to be running utilities in part of that property.


    Barrett: Is that a separate property number or is that in the description?


    Telegadas: It’s just in the description. We provide updated floor plans, elevated site plans and move forward with water and sewer for the site. We are asking for a final Site Plan Approval for Grace Senior Living.


    Barrett: What is your square footage for the building?


    Telegadas: 67,080 square footage.


    Tuttle questioned the Fire Department Report.


    Erickson: There was a test done that was not accurate and it will be redone with an independent study.


    Barrett: Was the problem with the pressure or capacity?


    Erickson: They don’t know for sure.


    Barrett: Will there be 500 or more people at peak of occupancy?


    Telegadas: No.




    Barrett: Are you requesting a Site Plan Approval or was this provided for curtesy?


    Telegadas: Just for curtesy.


    Barrett: You want a separate building permit and review for that?


    Telegadas: Yes.


    Barrett: Questioned about the signage and square footage. Neighbors were all in favor. What is their zoning?


    Erickson: C-1.


    Orr: If this is approved, when do you plan on breaking ground?


    Telegadas: We have to get our final from EGLE so it could be two months or more.


    Barrett: Do you have your bed license and escrow or do you have to apply for that after it is constructed?


    Telegadas: After.




    Barrett motioned to approve the Site Plan submitted for 25 S. Range Road on the condition of the Special Use approved at the June 27th meeting that complies with Ordinance 171 in the Zoning Code, the ZBA Variance granted and the Kimball Township Fire Department Review and the sign approval of compliant to article 14 supported by Howard.


    Tuttle: Why are we working two different building codes?


    Barrett: It’s not a building code.




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

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


  1. SITE PLAN REVIEW: 74-25-3006-610 – Vacant Wadhams/Horseshoe Drive – WOLGAST ACQUISITION Dollar Tree

    Barrett motioned to postpone the Site Plan Review for Vacant Wadhams/Horseshoe Drive Wolgast Acquisition Dollar Tree out of courtesy supported by Tuttle.

     Motion Carried.



  1. REQUEST FOR PLANNING ASSISTANCE – Guidelines and Requirements

    Carwyn discussed inclusion of planner.


    Usakowski: Need a criteria for when we do it.


    Orr: I would like to be at the meeting with the DPW and Fire Department.


    Erickson: We are in constant contact with the DPW and the Fire Department.


    Orr: I would like to hear the information in person.


Discussion about the Planning Assistance.


Barrett: I think that we should have something in writing if there is a multi-phase project so that they know that they may have to pay for a planner.


Barrett motioned to put this on next month’s agenda supported by Tuttle.

Motion Carried.





  3. Bill Orr, Zoning Board of Appeals

    Orr: The Books on Pine River Road was given a variance for a side yard setback and the Dollar Tree was given a variance for parking.


  4. Erik Hoffman, Kimball Township Board of Trustees

    No Report.



    Miller motioned to adjourn the meeting at 8:30 p.m. supported by Barrett.

    Motion Carried.


    Meeting adjourned at 8:30 p.m.


    Submitted by Bill Orr, Chair

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