Kimball Township Planning Commission
Kimball Township Municipal Office
2160 Wadhams Rd., Kimball Michigan
Regular Meeting/Public Hearing
March 22, 2022
6:30 P.M.
Orr opened the meeting at 6:30 p.m. with the Pledge of Allegiance.
ROLL CALL OF MEMBERS: Orr, Barrett, Miller, Henry, Howard and Tuttle.
ABSENT: Hoffman.
- APPROVAL OF AGENDA-REGULAR MEETING
Barrett motioned to approve the agenda as presented supported by Tuttle.
Motion Carried.
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APPROVAL OF THE MINUTES FROM FEBRUARY 22, 2022
Barrett motioned to approve the minutes of the workshop and meeting supported by Tuttle. Motion Carried.
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NEW BUSINESS
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Licensing – Special Exception Home Occupation Use: 74-25-034-2004-300: 5599 Smiths Creek Rd: Firearm Sales: Foreman
Jordan Foreman explained he is expanding his operations from a Type 01 Dealer of Firearms License to a Type 07 Manufacturer of Firearms License. He would maintain the same hours of operation, and other stipulations of the original request.
Discussion regarding ordinance allowing for amendments to original request without an additional Public Hearing.
Barrett motioned to request a Public Hearing at the following Planning Commission Meeting, requesting administrative waive of application fee but to include the cost of publication supported by Tuttle.
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ROLL CALL VOTE: YES: Barrett, Tuttle, Orr, Miller, Henry and Howard.
NO: None. ABSENT: Hoffman. (6-0-1) Motion Carried.
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OLD BUSINESS
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Soil Removal Permit / Special Exception Application: Hyde 74-25-007-2006-000: 7296 Sparling Rd
Steve Hyde has addressed the concerns the neighbors expressed at the last meeting, having cleaned up the topsoil on their property.
Nick Gates, owner of the vacant property on Sparling Road, spoke regarding improvements of the property, caretaking of the property.
Discussion with Barrett regarding platted access, driveway permits, and private roads.
Mark/Rose Hunger, neighbor, expressed frustration with the extended project beyond original timeline, and continued use of driveway for second project.
Discussion between Barrett, Hyde, Gates and the Hungers about a driveway, not a road.
Hyde: I will be done by December 31, 2022.
Barrett motioned to approve for the 7296 Sparling Road with the following conditions; the Site Plan being required including the Topo, the County Road Commission approval with bond associated with road, Soil Erosion Permit from the Health Department, Drain Commission EGLE at any sign off, $10,000 Reclamation Bond, a completed Special Use Application or amended one so it matches, time frame being December 31, 2022 with Planning Commissions, reserve the right to review, hours of operation Monday 7 a.m. to 5 p.m., Saturday 7 a.m. to noon. and reserve release of Reclamation Bond at discretion of the Planning Commission supported by Tuttle.
ROLL CALL VOTE: YES: Barrett, Tuttle, Howard, Henry, Miller and Orr.
NO: None. ABSENT: Hoffman. (6-0-1) Motion Carried.
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Soil Removal Permit Extension: Hyde/Gates 74-25-007-1005-000: Vacant Sparling Rd
Hyde reiterated weather restrictions and ground conditions in finalizing the grading, top soil and seeding. Anticipated two months to complete reclamation once the soil is dry.
Barrett motioned to extend operations at 74-25-007-1005-000 vacant Sparling Road to May 24, 2022 with the item to be placed on the Planning Commission Agenda at that time supported by Henry.
ROLL CALL VOTE: YES: Barrett, Henry, Tuttle, Howard, Miller and Orr.
NO: None. ABSENT: Hoffman. (6-0-1) Motion Carried.
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Draft MMA Ordinance
Discussion regarding the Personal Residence Exemption (PRE), with the option for renters to include a copy of the rental agreement/lease and the written consent of the landlord/owner of the property.
All permits or zoning matters in Kimball Township require the signature of the owner of the property, if it differs from the applicant.
A copy of the lease would clarify any limitations in the signed contract for this activity. The requirement of the consent of the owner would add a layer of protection for the landlord/owner from the Planning Commission’s approval of activity on their property without their knowledge.
Discussion regarding Annual Inspection: Is this allowed for MMA applicants, but not required by “traditional” Home Occupant applicants?
Discussion regarding enclosed, locked facility. Does that include a roof (Chain link fence on top)?
Carwyn will put together an email to township lawyer about updating the language for the Planning Commission to review at the next meeting.
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Audience Participation
None.
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Adjournment
Barrett motioned to adjourn the meeting at 8:33 p.m. supported by Tuttle.
Meeting adjourned at 8:33 p.m.
Submitted by Bill Orr, Chairman
