Minutes - Planning Commission|

Kimball Township Planning Commission

Kimball Township Municipal Office

2160 Wadhams Rd., Kimball Michigan

Regular Meeting

September 28, 2021

6:30 P.M.


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


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


Absent: Miller.


Also Present: Neil Erickson, Building/Zoning Inspector, and Christine Carwyn Recording Secretary.


  1. Approval of Agenda-Regular Meeting

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

    Motion Carried.


  2. Approval of the Minutes August 24, 2021

    Tuttle motioned to approve the minutes for August 24, 2021 as presented supported by Barrett. Motion Carried.


  3. New Business
    1. Site Plan Review: 74-25-002-3005-010: 2600 Wadhams Rd. High Grade

    Barrett motioned to table supported by Tuttle. Motion Carried.


    Erickson: I talked to Ed Gratz this afternoon and I asked him for his letter and he had a couple of items that were addressed by the engineer today at 3 p.m.


    Barrett: What letter are we going to use for Tetra Tech? The latest one that we have is for September 8th.


    Barrett: Needs Special Use Zoned I-1. # 22, acceptable as Special Use. You must advertise it in The Times Herald and hold a public hearing.




    Orr: Chief Gratz is concerned with the hydrants that are underground. He needs to know if there is enough flow.


    Angie, High Grade: Two of the hydrants are abandoned and are coming out. Just the one remains that is owned by the township.


    Barrett: Health Department Approval. Septic Permit-not applied for as a condition.


    Discussion regarding other site plan on file. Need to terminate abandoned site plan on alternate Wadhams site.


    Discussion regarding need for a Special Use Exception of a cement plant in an Industrial Zone. Need to hold a Special Meeting on October 12, 2021 at 6:15 p.m. and publication.


    1. Site Plan Review: 74-25-002-3006-100: Wadhams/Horseshoe. Vinkier’s – A&W

    Orr: We just received this plan today and haven’t had a chance to review it.


    Mike Vinckier, Vinckier Group, 4545 Van Dyke, Almont: I talked to Neil Erickson and he had a few questions about the Site Plan. So I called John Barber from Tetra Tech and we went over the items from the first one in August. He came to the last paragraph and he recommends (the Planning Commission) that #3, #9 and #25 be addressed before approval.

    My contractor, T.J. Schweihofer met with the county officials and he had a meeting with Mr. Hazelton at the county and had three things that they wanted us to change. # 3, the fire truck access, that was already set earlier but he didn’t see that. #9, the St. Clair County Road Commission Storm Water Retention. We detain the water on our property through pipes under the parking lot.


    Barrett: Just for clarity, there is not going to be an open ditch or an open pond area. You are going to do underground restriction or flow.


    Mike Vinckier: Yes.


    Neil Erickson: He changed the design from the first to the second. They enlarged the pipe.


    Mike Vinckier: #25, Site Driveway Connection approval. They want the driveway moved from 100 feet to 150 feet toward Wadhams. They want the radius to be 35 feet instead of 25 feet.


    I talked to Mr. Barber and we reviewed several items that weren’t critical.


    Barrett: Questioned about the stacking and the flow.


    Vinckier: #7 checked off. We have 45 parking spaces and needed only 24. What we are asking for today is to move forward and get started in 30 days with conditions and a tentative approval.


    Erickson: The Chief Gratz has signed off on this. He wants to make sure the “NO PARKING FIRE LANES” signs are on the plan. Also, the access road needs to support 75,000 pounds. We are pretty confident that it will hold a garbage truck. Everything else is compliant.


    Barrett: The Site Plan that we have before us is not going to be final. There is going to be another revision.


    Vinckier: Of course.


    Tuttle: I feel that we should approve it as contingent.


    Erickson: We will get the corrections done by the next meeting.


    Barrett motioned to approve a tentative approval with the understanding final approval will occur on October 26, 2021 for the proposed new restaurant for Vinckier’s vacant property on Horseshoe Drive with the stipulations in the Tetra Tech letter dated September 28, 2021 supported by Hoffman.


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

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


  1. Old Business
  2. Draft MMA Ordinance


  1. Audience Participation

    Kristina Nelson, 7263 Smiths Creek Road: Speaking on behalf of community members of organized citizens, expressed concern of enforcement by the Township Board. Discussion of Sheriff’s Departments ability to enforce ordinance.


    Section 6, Part B, House bill to reduce number of patients. We would also like to prohibit outdoor growing. Medical Marijuana Grow Barns should be at least 1,000 feet from any residential dwelling. Also propose only in Industrial Zone


    Barrett: Mrs. Nelson, I have a question. When you talk of a house 1,000 feet distance, you don’t want no more than one within 1,000 feet or you don’t want it within 1,000 feet of residential district. For clarity purposes, are you talking about a residential home, a dwelling?


    Nelson: Yes.


    Barrett: Not limited to the district?


    Nelson: I’m talking about regardless of which zone it is if there is a dwelling there.


    Barrett: Are you just doing a stipulation of that zoning classification having a dwelling structure on it? Or would you care if it was just a vacant parcel of land zoned residential?


    Nelson: The dwelling structure.


    Barrett: The 1,000 feet usually comes to us in regards to a church, public building or school, is that a part of the conversation?


    Nelson: Yes.


    Orr: I think under our Compassion Center that’s gone by the way side. We really should remove that from the ordinance. But I don’t have anything that says it is.


    Orr: We would have to rescind it.


    Nancy Crowe: Discussed Proposed Section 6, F. Request no outdoor growing in open fields. It needs to be enclosed and locked. Water usage is another concern.


    Tuttle: Questioned about the Industrial Zoning Areas. What’s going to happen with all the growing places that we have now? Are they going to be grandfathered in?


    Barrett: Here in Kimball Township they become a Class B, non-conforming unless they go to the ZBA and request to be a Class A.


    Orr: Review of Township Zoning Map of Industrial Zoning. Request for new Zoning Maps.


    Tuttle: Do we want the lawyer to come back?


    Orr: He will critique proposed ordinance.


    Barrett: Is the zoning classifications and assessing all up to date? If it is we should be able to run a report that shows all the industrial zoned parcels with a list of addresses or parcel identifications.


    Barrett: We will need to rescind Compassion Ordinance, determine which zoning district, outdoor growing restrictions in line with the State Law (Caregiver Law), address the 1,000 feet distance which is whether there is a dwelling structure or not, standard restriction (church, school, etc.) and enforcement section.


  2. Reports
    1. Bill Orr, Watershed

      No report.


    2. Bill Orr, ZBA

      No report.



  1. Erik Hoffman, Kimball Township Board of Trustees

    No report.


  1. Adjournment

    Barrett motioned to adjourn the meeting at 7:44 p.m.


    Meeting adjourned at 7:44 p.m.


    Submitted by Bill Orr, Chairman, Planning Commission



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