Minutes - Planning Commission|





MAY 23, 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, Henry, Howard and Tuttle.


ABSENT: Miller.


Neil Erickson, Building Inspector/Ordinance Enforcer.



Henry motioned to strike the final approval of Old Business A. Site Plan for SSK Ground

(Multi-Unit Residential) supported by Barrett. Motion Carried.


  1. APPROVAL OF THE MINUTES: Public Hearing/Regular Meeting April 25, 2023

    Barrett motioned to approve the minutes of April 25, 2023 supported by Tuttle.

    Motion Carried.


    1. PUBLIC Hearing Application for Re-Zoning: 74-25-014-1004-000 / 74-25-014-1001-000 VACANT Griswold Rd/Wadhams Rd. The applicant is requesting to re-zone a portion of listed parcel from R-2 to Commercial.

    Barrett motioned to open the Public Hearing for application for Re-Zoning 74-25-014-1004-000 and 74-25-014-1001-000 vacant Griswold and Wadhams Road at 6:32 p.m. supported by Hoffman. Motion Carried.


    Phil Porte of BMJ Engineers Surveyors is here on behalf of Protel, LLC. We want to discuss the rezoning at this time. What we are requesting is a portion at the corner of Wadhams Road and Griswold to be rezoned from R-2 to C-1. It is not usable for residential.


    Barrett asked what the dimensions were regarding this parcel.


    Porte: I don’t have my scale with me.


    Barrett: For clarity, the frontage on Wadhams Road is zoned C-2.


    Porte: Griswold Road is zoned R-2.


    Barrett asked what the corner received. Was it Commercial or Residential?


    Porte: We do have some questions on that.


    Review of current Master Plan.




    Barrett: You want to increase the commercial depth then.


    Porte: The County drains cuts off access.


    Howard: Do you know what you are going to put there?


    Porte: Future vacant lot.


    Barrett asked if the rezoning impede the next request you are going to have in regards of your Special Use.


    Porte: I don’t think so.


    Shelly Gilbert, 5361 Griswold Road: Why do we need commercial in that area? We have enough commercial properties in Wadhams and Marysville. What are planning on putting there? They must have some idea of what they want to put there.


    Erickson said they can’t market it unless they zone it.


    Gilbert: What are they marketing it for?


    Erickson: They want a C-2.


    Gilbert: What can go into a C-2? We bought where we live so we don’t have to live in a city.

    What is the purpose of commercial?


    George Lafata, 5350 and 5346 Griswold Road: My concern is how far down Griswold Road does he want to extend it to be commercial?


    Barrett: Not clear on footage down the road. Exceeds length and depth about 500 to 600 feet.


    Porte: Roughly 600 feet.


    Cory Wright, 1868 Wadhams Road: I rent from Teltow and enjoy not having a condo in my backyard.


    Kim Fleming, 1786 Wadhams Road: I have lived her for 33 years and the traffic is terrible here. I have a hard time getting out of my driveway. There is no city water or sewer here.


    Howard: Questioned Gilbert about her comments about a fence.


    Gilbert commented that she has a pool and doesn’t want to see any kids getting injured in her pool.


    Barrett commented also. Just to clarify that there is Commercial Zoning on the total frontage on this parcel on Griswold Road. That already has happened. They are trying to extend it east bound on Griswold Road.


    Becky Wrubel, Clerk: I was on the board when this all happened. Back in 2003, the board had chosen not to allow them to put commercial on Griswold because we wanted to keep it residential.




    Barrett motioned to close the Public Hearing at 6:57 p.m. supported by Tuttle.


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

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


    Barrett motioned to open the Public Hearing regarding a Special Exception Use for 74-25-014-1004-000 and 74-25-014-1001-000 for vacant land on Griswold and Wadhams Roads at 6:57 p.m. supported by Henry. Motion Carried.


    1. PUBLIC HEARING Request for Special Exception Use: 74-25-014-1004-000/ 74-25-014-1001-000 VACANT Griswold Rd/Wadhams Rd. The applicant is requesting a Special Exception in R-2 District for private three or four-family dwellings.

    Porte would like to put in three and four family duplexes in R-2. Allow triplex, quadplex within residential.


    Orr: How many total units will be in that parcel?


    Porte: There will be 182 units.


    Barrett: Can you break it down between one, two, three and four family units.


    Porte: I don’t have that on my plans right now. It looks like there are seven quad units, thirteen triplexes.


    Barrett: What is the proposed structure regarding this development?


    Porte: The intent is to make them condominiums, the whole thing. It will be a public road.


    Howard: How long will it take to finish this?


    One phase will be one year. It depends on how fast we sell them.



    Roger Phipps, 1919 Hickory: I have lived her for about 50 years and it looks like you are planning to put in a mini city in our back yard. It’s an invasion of our privacy. How are you going to move traffic?


    Shelly Gilbert, 5361 Griswold Road: We do not have police protection in the township and all these people that will be coming in won’t have it either.


    The corner is a mess right now. Traffic is terrible.


    Flooding and the cattails in that area never get cleaned up.


    What about a fence? Are you going to put in a ten foot fence so I don’t have other people’s kids and dogs coming through my yard?


    Howard said that was good point. He thinks that a fence should go up before they start building.


    Erickson mentioned that there is a detention pond behind there.


    Gilbert: We’ve already had issues with it. They don’t take responsibility for anything they do.


    Gilbert also questioned about the sewer and if the sewer can handle what might come in.


    Erickson: Sewer is capable of handling it. Engineer said it could handle it.


    Virginia Denby, 1785 Hickory: I have been living here for about 27 years and this property is in my back yard. What is a low density? We moved out here to get out of Marysville and now I’ve got Marysville coming to my back yard. We might think about moving too. We have no police protection. So what is low density?


    Erickson and Barrett explained.


    George Lafata, 5350/5346 Griswold Road: Is this project part of any federal or state grant?


    Porte: Not at this time.


    Lafata figured it will be about 400 new residents plus 500 to 600 more cars in that area. I cannot turn around in my driveway so I have to back out of my driveway. It takes up to five minutes to get out. If you put a wall up then those people on the other side will be throwing their garbage over it. I vote definitely no because this area will not be able to handle the traffic.


    Roger Phillips, 1919 Hickory: How can this benefit the residents?


    Kim Fleming, 1786 Wadhams: I live about a quarter mile from this area and I don’t have water and sewer but you are going to put 180 units in with water and sewer. My house floods all the time. There is a moat around my house. Are there going to be more meetings about this in the future and we will be notified?


    Barrett: There won’t be a public mailing.


    The fourth Tuesday of every month is when the Planning Commission meets at 6:30 p.m.


    Barrett: There are two questions being proposed. With the rezoning, there is a multi-step process being a general law township. The first step is the Planning Commission takes the application and reviews it and makes a decision or recommendation based on the Ordinance and by the Townships Master Plan. We make a recommendation of yes or no, and then because we are a General Law Township it’s required then that our action goes before the County Metro Planning Commission, which is a Planning Commission for the County. They make the decision of yes or no on the recommendation and then it goes to the township board. The township board has the final say whether to approve or deny the request for rezoning due to the fact that it is ordinance amendment. On the question on the Special Exemption, that is solely the responsibility of the Planning Commission of whether we grant it or not, if we do grant it, we have the rights to put stipulations on there and then move forward associated with a Special Exemption, which has a Site Plan because it is a development. As a result, we see a Site Plan. We have the right to approve or not the Site Plan.




    Barrett motioned to close the public hearing at 7:36 p.m. supported by Hoffman.


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

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


    1. SITE PLAN Preliminary: 74-25-014-1004-000: 1868 Wadhams Road, Timber Meadows (Multi-Phase—Residential Condominiums and Commercial Site Development)

    Tuttle asked for clarification about whether or not he gets the extension on the commercial property on Griswold Road, you don’t have enough usable property to actually put another building on Wadhams Road or you want the opportunity to put a commercial property on Griswold Road?


    Porte: We would like the opportunity to utilize that full corner.


    Tuttle: If you do not get that addition of property, you can still utilize this front corner. Is there enough property to put another development on Wadhams Road?


    Porte: Yes we can still use the frontage on Wadhams Road.


    Erickson: It’s a hard surface parking with a thoroughfare of Wadhams Road. In the past, we had variances for parking because it is not a permanent structure to be in the setback areas.


    Barrett motioned to deny the rezoning of parcels number 74-25-014-1004-000 and 74-25-014-1001-000 from R-2 to Commercial based on a Master Plan should be Rural Estate supported by Henry.


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

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


    Henry: What is the reason behind want to put in Tri and Quads in there?


    Porte: To break up the monotony.


    Henry: If it is going into condos then you are going into a development that is supposed to look like that.




    Virginia: There are trains surrounding this area and they back cars up for 10 to 15 minutes.


    Barrett asked what the Planning Commission has authority to stipulate.


    Howard questioned if they would be willing to put a fence up before they start the project.


    Porte: We are not proposing a fence at this time but a berm with vegetation screening about four foot high would be put in.




    Tuttle motioned to approve the Special Exception for the resident’s vacant property on Wadhams and Griswold Roads allowing Special Exception in our district contingent on a barrier fence between the residential areas at six feet between the property lines supported by Howard.


    Porte: What type of fence are you looking for?


    Barrett: A privacy fence.


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

    ABSENT: Miller. (2-4-1) Motion Denied.


    Orr would recommend a white vinyl six foot privacy fence on the east side up to county drain to with front yard setback and cannot hunt within 500 feet of other.


    Barrett motioned to reconsider the Special Exception vote and bring it back to the next meeting with revised plans supported by Henry. Motion Carried.


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

    This was struck from the agenda.


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

    Erickson: This Site Plan is null and void and is over a year old. It was never a problem but he did send a letter to the board asking for a Special Exception Use to be continued.


    Barrett motioned to request a Public Hearing be scheduled for the revocation of the Special Exception that was granted to 74-25-745-0014-500 Lapeer Road, Ainsworth supported by Tuttle.


    ROLL CALL VOTE: YES: Barrett, Tuttle, Howard, Henry, Hoffman and Orr. NO: None.

    ABSENT: Miller. (6-0-1) Motion Carried.






Nancy Crowe, 7261 Smiths Creek Road: When does Site Plans expire?


Orr: Usually within a year.


Barrett: Unless a building permit has been approved and work is continuous.


Crowe: Tell me how the one across the street on Smiths Creek Road after 20 years and no movement can continue.


Erickson: It’s a Site Condo.


Crowe: Discussion about Compassion Center.


Planning Statement of what enacts help.


Barrett and Tuttle: What triggers it type or dollar amount? Port Huron Township has a Resolution of Fees.




Orr: Meeting in Frankenmuth is well worth the time and effort.


  2. Bill Orr, Zoning Board of Appeals

No Meeting.


  1. Erik Hoffman, Kimball Township Board of Trustees

No report.


Orr: What about the old steak house of Hammers?


Erickson: There is a new development that came in today that they haven’t signed a lease yet.


Orr: What about A & W?


Erickson: They are still coming and have a new engineer.


Orr: High Grade.


Erickson: Trying to get back on the agenda again to get a Final Site Plan.


Orr: Culver.


Erickson: We are working with another developer and Culvers on the MI Gardner property. Hopefully they are coming in tomorrow.


Henry: Is that two separate parcels of land?


Erickson: Yes.


Tuttle: What are we doing with the Planning Assistance?


I would like to talk about a bond at the next meeting.



    ? motioned to adjourn the meeting at 8:55 p.m. supported by Barrett.


    Meeting adjourned at 8:55 p.m.


    Submitted by Bill Orr, Chairman

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