CLINTON TOWNSHIP PLANNING COMMISSION
REPORT OF REGULAR MEETING
JANUARY 25, 2001
MINUTES

Present:    Vincent J. Gudobba, Chairman
                Denise C. Trombley, Secretary
                Nancy L. Dedenbach
                Michael Nickerson
                Valerie O’Neal
                Dennis C. Tomlinson

Absent:     Donald Roach, Vice Chairman, Excused
                Ralph Consiglio, Excused
                Thomas Landa, Excused

Staff:         Irene F. Sheridan, Community Planner II
                DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT

Mr. Gudobba called the meeting to order at 6:30 p.m.

PART OF LOTS 27, 28 & 29 OF SUPERVISOR'S PLAT #7 SUBDIVISION (SECTIONS 25 & 26)
- PROPOSED REZONING FROM RM-1 MULTIPLE-FAMILY RESIDENTIAL (LOW-RISE) TO SP-1 SPECIAL PURPOSE (NURSING HOMES)
-- PUBLIC HEARING
MF #5498: PETITIONED BY DUANE A. VAN PAMEL AND JOYCE M. VAN PAMEL

___________________________________________________________________________

Pertinent correspondence was read and entered into the record. Ms. Trombley noted that there were 41 notices mailed to owners and occupants within 300 feet of the subject property and 2 were returned.

Mr. Gudobba explained the procedure for a Public Hearing to be as follows: the petitioner will make comments, the public will have an opportunity to ask questions and the Planning Commission will have opportunity to make comments or ask questions.

Duane Van Pamel, 42657 Garfield, Clinton Township, Michigan 48038, stated he was willing to answer questions.

Walt Bernzaski, 8438 Industrial Drive, Warren, Michigan 48094, representative, stated the request is consistent with the area.

Motion by Ms. Dedenbach, supported by Mr. Nickerson, with reference to File #5498 and application from Duane Van Pamel, concerning request for recommendation for approval of rezoning from RM-1 Multiple-Family Residential (Low-Rise) to SP-1 Special Purpose (Nursing Home) for land located on Part of Lots 27, 28 & 29 of Supervisor’s Plat #7 Subdivision (Sections 25 &26), generally located fronting the east line of Harper Avenue, south of Metropolitan Parkway, that recommendation for approval of the rezoning from RM-1 Multiple-Family Residential (Low-Rise) to Sp-1 Special Purpose (Nursing Home), be submitted to the Township Board. Roll Call Vote: Aye- Dedenbach, Nickerson, Gudobba, O’Neal, Tomlinson, Trombley. Nay- None. Absent- Consiglio, Landa, Roach. Motion carried.

LOT 528, INGLESIDE FARMS #3 SUBDIVISION (SECTION 22, P.C. 137 & 628)
- PROPOSED REZONING FROM R-3 ONE-FAMILY RESIDENTIAL TO OS-1 OFFICE/SERVICE (LOW-RISE)
-- PUBLIC HEARING
MF #5499: PETITIONED BY PETER AJLUNI, ABG ENTERPRISE
REPRESENTATIVE: FRED SEVERINI, JR.

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Pertinent correspondence was read and entered into the record. Ms. Trombley noted that there were 15 notices mailed to owners and occupants within 300 feet of the subject property and 2 were returned.

Fred Severini, Jr., 17600 Clinton River Road, Clinton Township, Michigan 48038, representative, stated he was willing to answer questions.

Lois Cavanaugh, 38786 Hilldale, Clinton Township, Michigan 48036, inquired as the type of building or business the petitioner plans for the property.

Mr. Severini stated the building on the site will be used as a residence and later the house will be used as an office.

Ms. Dedenbach stated that the subject matter was for rezoning only.

Motion by Mr. Nickerson, supported by Ms. Dedenbach, with reference to File #5499 and application from Peter Ajluni, ABG Enterprises, 21620 Harrington, Clinton Township, Michigan 48036, as represented by Fred Severini, Jr., 17600 Clinton River Road, Clinton Township, Michigan 48038, concerning request for approval of rezoning from R-3 One-Family Residential to OS-1 Office/Service (Low-Rise) for Lot 528, Ingleside farms #3 Subdivision (Section 22, P.C. 137 & 628), generally located fronting the east side of Hillsdale, south of Harrington that recommendation for approval of the rezoning from R-3 One-Family Residential to OS-1 Office/Service be submitted to the Township Board. Roll Call Vote: Aye- Nickerson, Dedenbach, Gudobba, O’Neal, Tomlinson, Trombley. Nay- None. Absent- Consiglio, Landa, Roach. Motion carried.

LOT 8 OF LIBERTY INDUSTRIAL SUBDIVISION (SECTION 1)
- LIBERTY INDUSTRIAL BUILDINGS 8A AND 8B
- - REQUEST FOR RECOMMENDATION FOR APPROVAL OF SITE DEVELOPMENT PLAN
MF#5497: PETITIONED BY MICHAEL McCLAIN

________________________________________________________________________

Pertinent correspondence was read and entered into the record.

Michael McClain, Webber Development Co., 33414 Kelly Road, Clinton Township, Michigan 48035, stated he was willing to answer questions.

Mr. Tomlinson inquired as to whether these were speculative buildings.

Mr. McClain stated that the front building is a spec building and the back building will be used for his company office.

Motion by Mr. Tomlinson, supported by Ms. O’Neal, with reference to File #5497 and application from Michael McClain, Webber Development Co., 33414 Kelly Road, Clinton Township, Michigan 48035, concerning request for approval of Site Development Plan for Liberty Industrial Buildings 8A and 8B located on Lot 8, Liberty Industrial Subdivision (Section 1), generally located fronting the west line of Morley Drive, south of Hall Road, that recommendation for approval of the Site Development Plan be submitted to the Township Board. Roll Call Vote: Aye- Tomlinson, O’Neal, Dedenbach, Gudobba, Nickerson, Trombley.

Nay- None. Absent- Consiglio, Landa, Roach. Motion carried.

LOTS 132-167, GRATIOT CITY SUBDIVISION AND PART OF VACATED SHARKEY AVENUE R.O.W. (SECTIONS 33 & 34)
- BAKER COLLEGE (PARKING LOT EXPANSION: PHASE 4)
-- REQUEST FOR APPROVAL OF REVISED SITE DEVELOPMENT
MF #1058: PETITIONED BY JAMES R. MORGAN
____________________________________________________________________________

Pertinent correspondence was read and entered into the record.

James R. Morgan, J.R. Morgan Construction Company, 5454 Gateway Centre, Suite C, Flint, Michigan 48507, representative, stated the President of Baker College is also present to answer questions. He added that this is part of the annual request for additional parking. This request will add an additional 106 parking spaces.

Mr. Nickerson stated his opinion that Baker College should be commended for the excellent job they do.

Ms. O’Neal stated that the Macomb County Road Commission approved the request to vacate Sharkey Avenue at their Tuesday meeting.

Mr. Gudobba noted for the record that there was no one from the public at the meeting who wanted to speak regarding this matter.

Motion by Ms. Dedenbach, supported by Mr. Nickerson, with reference to File #1058 and application from James R. Morgan, J.R. Morgan Construction Company, 5454 Gateway Centre, Suite C, Flint, Michigan 48507, concerning request for approval of Revised Site Development Plan for Baker College (Parking Lot Expansion: Phase 4), located on Lots 132-167, Gratiot City Subdivision and part of vacated Sharkey Avenue R.O.W. (Sections 33/34), generally located east of Little Mack Avenue, south of 15 Mile Road and west of Canton Street, that approval of the Revised Site Development Plan be granted. Roll Call Vote: Aye- Dedenbach, Nickerson, Gudobba, O’Neal, Tomlinson, Trombley. Nay- None. Absent- Consiglio, Landa, Roach. Motion carried.

LOT 81 OF INGLESIDE FARMS SUBDIVISION (SECTION 23)
- DUNKIN' DONUTS/BASKIN ROBBINS
-- REQUEST FOR APPROVAL OF REVISED SITE DEVELOPMENT MF #4536: PETITIONED BY BILL KRESSNER REPRESENTED BY DANIEL SCHNEIDER
____________________________________________________________________________

Pertinent correspondence was read and entered into the record.

John Marusich, Archicivitas Architects, 1150 Griswold, Suite 3200, Detroit, Michigan 48226, representative, stated he was willing to answer questions.

Ms. Dedenbach inquired as to the number of parking spaces.

Mr. Marusich, stated there will be five parking spaces and one handicapped parking space. He added the concept for this building is to encourage drive-thru service.

Ms. Dedenbach inquired as to the number of seats inside the building.

Mr. Marusich stated there will 6 tables with two seats at each table.

Ms. Dedenbach inquired as to where the easement is located.

Ms. Sheridan stated the easement will be on the north side and used for the bypass lane.

Ms. Dedenbach stated her opinion that there should be an easement with the adjoining property to reduce the traffic onto Gratiot.

Mr. Gudobba stated his opinion that the parking could present a safety issue.

Mr. Gudobba inquired as to whether the petitioner was agreeable to a covenant for an easement with the adjoining property to be used upon the Township Board’s request.

Mr. Marusich stated he is agreeable to a covenant for an easement.

Ms. Dedenbach inquired as to whether there was anything in writing regarding restricting the accesses onto residential streets from commercial buildings.

Mr. Gudobba stated that there is nothing in writing regarding limitation of the access onto residential streets. He added it depends on the location and circumstances for each property.

Mr. Gudobba requested that the Planning Department organize a meeting to discuss clarifying the language regarding accesses onto residential streets from commercial properties.

Motion by Mr. Nickerson, supported by Mr. Tomlinson, with reference to File #4536 and application from Bill Kressner, Allied Domecq (Dunkin’ Donuts), 14239 Brandywine, Sterling Hgts, Michigan 48312, as represented by Daniel Schneider, Archicivitas Architects, 1150 Griswold, Suite 3200, Detroit, Michigan 48226, concerning request for approval of Revised Site Development Plan for Dunkin’ Donuts/Baskin Robbins, located on Lot 81, Ingleside Farms Subdivision (Section 23), generally located at the northeast corner of Phelps Drive and Gratiot Avenue, that approval of the Revised Site Development Plan be granted; subject to the petitioner agreeing to for an easement on the north side of the property for the purpose of "cross-access" through the parking lots; further this condition is subject to the agreement of the adjoining property owner. Roll Call Vote: Aye- Nickerson, Tomlinson, Gudobba, O’Neal, Trombley. Nay- Dedenbach. Absent- Consiglio, Landa, Roach. Motion carried.

28.83 ACRES OF LAND FRONTING THE SOUTH LINE OF HALL ROAD, WEST OF ELIZABETH ROAD (SECTIONS 2 AND 3)
- DEAN PARCEL IN THE FLOODPLAIN
– REQUEST FOR RECOMMENDATION FOR APPROVAL OF CUT & FILL PLAN
MF #5489: PETITIONED BY DENNIS DEAN
REPRESENTED BY SEIBER, KEAST & ASSOCIATES, INC.
____________________________________________________________________________

Pertinent correspondence was read and entered into the record.

Larry Scott, 12900 Hall Road, Sterling Hgts, Michigan, representative, stated that the issue of the legal description and application to combine parcels will be resolved.

Mr. Gudobba stated the items must be taken care of before the matter is submitted to the Township Board.

Mr. Tomlinson inquired as to why there was not a second public hearing by the Department of Environmental Quality.

Ms. Sheridan stated that the issues that caused denial at the first public hearing were resolved. The Department of Environmental Quality does not hold a second public hearing. She stated the DEQ originally denied the matter because of the amount of fill. The petitioner has reduced the buildable area to 5 acres and the DEQ has issued a permit.

Mr. Gudobba stated that the matter meets Clinton Township requirements.

Terry Baumgarten, 42235 Harcourt, Clinton Township, Michigan 48036, inquired as to what the petitioner plans to do with the property.

Mr. Scott stated the property is zoned I-1 and the petitioner does not have a lease or any marketing plans as of now.

Mr. Gudobba stated the property is currently zoned Industrial and if the petitioner plans to use the property for something other than industrial, he would have to apply for a rezoning and a public hearing would be held.

Keith Brown, 44781 Elizabeth, Clinton Township, Michigan 48036, stated he has concerns that the area will flood.

Ms. Sheridan stated that the petitioner will not bring in dirt or remove dirt, just relocate the dirt that is now there. She added that the cut and fill will not reduce the capacity of the floodplain.

Peter Dugdale, 42851 Little Road, Clinton Township, Michigan 48036, inquired as to when the floodplain area will be reassessed for historical data.

Ms. Sheridan stated the Army Corp of Engineers assessed the area in 1998. She stated there is no standard period to reassess.

Mrs. Dugdale stated her opinion that a gas station is not suitable for the area. She added that moving the dirt and putting in gas tanks might create environmental problems.

Mr. Gudobba stated the Department of Environmental Quality issued a permit and the request meets Clinton Township requirements. He added that an Industrial zoning does not permit gas stations.

Mrs. Dugdale stated that even when it’s not raining in Clinton Township the area around her home floods.

Keith Brown stated that when M-59 was expanded they removed some of the floodplain and inquired as to whether they allowed for any extra floodplain.

Mr. Gudobba stated that the DEQ has issued the permit for the property.

Ms. Satara, 43495 Little Road, Clinton Township, Michigan 48036, stated that the river is at flood crest levels.

Mr. Gudobba stated that the residents should write to the State of Michigan to address their concerns.

Mike Stomps, 44501 Elizabeth, Clinton Township, Michigan 48036 inquired as to why the residents were not notified that the permit was issued.

Mr. Gudobba stated there are no requirements to notify residents when a permit is issued.

Mike Stomps, II, 44501 Elizabeth, Clinton Township, Michigan 48036, inquired as to the length of time between the dirt being moved and when it is considered stable enough to be built on.

Clifford Seiber, Sieber, Keast & Associates, Inc., 40339 Grand River Avenue, Suite 110, Novi, Michigan 48375, representative, stated the compact ratio is 95%. He added that geo technicians and engineers will conduct testing.

Ms. Dedenbach inquired as to whether the petitioner still has any plans for a McDonald’s or golf course for the property.

Dennis Dean, 55395 Noctrune Lane, Clinton Township, Michigan 48316, stated he is still considering a McDonald’s and a golf course but not at this location.

Motion by Mr. Gudobba, supported by Mr. Nickerson, with reference to File #5489 and application from Dennis Dean, 55395 Nocturne Lane, Shelby Township, Michigan 48316, as represented by Sieber, Keast & Associates, Inc., 40339 Grand River Avenue, Suite 110, Novi, Michigan 48375, concerning request for approval of Cut & Fill Plan for Dean Parcel in the Floodplain located on 28.83 acres of land fronting the south line of Hall Road, west of Elizabeth Road (Section 2 and 3), that recommendation for approval of the Cut & Fill Plan for Dean Parcel in the Floodplain be submitted to the Township Board, subject to correction of the "Title Block" of the Flood Plain Fill Plan/Soil Erosion Control plan and the petitioner complying with the requirement of the Township Assessor to "combine" the property. Roll Call Vote: Aye- Gudobba, Nickerson, Dedenbach, O’Neal, Tomlinson, Trombley. Nay- None. Absent- Consiglio, Landa, Roach. Motion carried.

The following requested to be notified of Site Plan approval for this parcel:
Mike Stomps, 44501 Elizabeth, Clinton Township, Michigan 48036;
Peter Dugdale, 42851 Little Road, Clinton Township, Michigan 48036;
Keith Brown, 44781 Elizabeth, Clinton Township, Michigan 48036.

LOT 33 OF SUPERVISOR'S PLAT #7 (SECTIONS 25/26)
- RAM'S HORN RESTAURANT
-- REQUEST PERMANENT WAIVER OF REQUIRED MASONRY WALL NW MF #4875: PETITIONED BY AGOSTINO MONTALTO

____________________________________________________________________________

Mr. Gudobba stated that the petitioner is not present and suggested tabling the matter.

Motion by Mr. Gudobba, supported by Mr. Nickerson, with reference to File #4875 and application from Agostino Montalto, 36830 Harper, Clinton Township, Michigan 48035, concerning request for permanent waiver of required masonry wall along the south and east property line for Ram’s Horn Restaurant located on Lot 33, Supervisor’s Plat #7 (Section 25/26), that the matter be tabled until the petitioner is present. Roll Call Vote: Aye- Gudobba, Nickerson, Dedenbach, O’Neal, Tomlinson, Trombley. Nay- None. Absent- Consiglio, Landa, Roach. Motion carried.

Motion by Mr. Nickerson, supported by Ms. O’Neal, to approve the Report of Meeting from Thursday, December 7, 2000, as presented. Motion carried.

Ms. Sheridan stated she was not aware of any items for the next meeting.

Motion by Mr. Nickerson, supported by Ms. O’Neal, to adjourn the meeting. Motion carried.

Meeting adjourned at 7:40 p.m.

Respectfully submitted,

Denise C. Trombley, Secretary
CLINTON TOWNSHIP PLANNING COMMISSION