CLINTON TOWNSHIP PLANNING COMMISSION
REPORT OF REGULAR MEETING
JULY 9, 1998
MINUTES

Present: Paul D. Woodring, Chairman
                Denise C. Trombley, Secretary
                Peter A. Catalano
                Thomas Landa
                Donald Roach

Absent: Vincent J. Gudobba, Vice-Chairman, Excused
                Michelle Braswell, Excused
                Nancy L. Dedenbach, Excused
                Dennis C. Tomlinson, Excused

Staff:        Michael P. Howell, Community Planner II
                DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT

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

APPROVAL OF AGENDA

Motion by Mr. Landa, supported by Mr. Roach, to approve the agenda as amended. Motion carried.

Mr. Woodring 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.

LOT 510 & 511, INGLESIDE FARMS SUBDIVISION #3 (SECTION 22)
- OMNIPOINT COMMUNICATIONS INC.
REQUEST FOR RECOMMENDATION FOR APPROVAL FOR SPECIAL LAND USE:
COMMUNICATION TOWER IN I-1 LIGHT INDUSTRIAL DISTRICT
-- PUBLIC HEARING
MF #4854: PETITIONED BY BRIAN MCBROOM
REPRESENTED BY CHRISTOPHER L. STRICKLAND

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

Jillian Smith, Omnipoint Communications, Inc., 37000 Grand River Avenue, Farmington Hills, Michigan 48335, stated they are proposing to build a 120’ monopole communication tower. There will be a 5x5x2 enclosed box for equipment which is enclosed by a six (6) foot chain link fence with 3 strands of barb wire on top. She stated the access will be through the existing parking lot.

Mr. Esau, 38525 Little Mack, Clinton Township, Michigan 48035, stated that if the pole fell it would fall on railroad tracks and endanger the community. He inquired as to whether the proposed communication tower will interfere with satellite transmissions. He inquired as to whether any trees will be removed to build the pole.

Ms. Smith stated that the proposed tower is designed to buckle at the top if it falls. She stated that to her knowledge there are no documented cases of poles falling. She added that no existing trees will be removed for the construction of the pole.

Mr. Roach inquired as to whether a tornado would affect the pole.

Ms. Smith stated the poles are designed to withstand winds of one-hundred (100) miles per hour.

Mr. Roach stated that he has conducted some research on the communications towers in the Township and there are nineteen (19) current towers with 3 requests pending. In his opinion, the Ordinance Update Committee should review the ordinance pertaining to the communication towers.

Mr. Catalano inquired as to who would be responsible in removing the towers if they were to become obsolete.

Ms. Smith stated that generally the leases for the communication towers have a clause specifying that the leasee is responsible for the removal of the towers should they become obsolete.

Mr. Catalano inquired as to whether the petitioner would agree to a covenant with the Township that if the tower became obsolete, or not used, they would remove it.

Ms. Smith stated that the petitioner does agree to post a bond for the removal of the tower should it no longer be of use.

Mr. Roach inquired as to the number of tower locations that Omnipoint has in Macomb County.

Jerry Brown, Omnipoint Communications, Inc., 37000 Grand River Avenue, Farmington Hills, Michigan 48335, stated that currently they have 60-70 percent co-locations, 20 Uni sites, and 20 shorter towers. He stated he is not sure of the exact number of towers in Macomb County.

Mr. Roach inquired as to the estimated cost to remove a tower.

Mr. Brown stated that generally a bond is posted for fifteen-thousand ($15,000) dollars.

Mr. Catalano inquired as to whether the petitioner is willing to post a bond for the previous tower that was approved for Omnipoint Communications.

Mr. Brown stated that he would make recommendation to the petitioner to agree to posting a bond for the previously approved tower.

Motion by Mr. Roach, supported by Mr. Catalano, with reference to File #4854 and application from Brian McBroom, Omnipoint Communications, Inc., Great lakes Division, 37000 Grand River Avenue, Farmington Hills, Michigan 48335, represented by Jillian Smith, Omnipoint Communications, Inc., Great lakes Division, 37000 Grand River Avenue, Farmington Hills, Michigan 48335, concerning request for recommendation for approval of Special Land Use for a Communication Tower in the I-1 Light Industrial District and Site Plan for Omnipoint Communications, Inc., at Groesbeck Corporate Park, Lots 510 & 511, Ingleside Farms Subdivision (Section 22), located west of Groesbeck Highway, south of Harrington, that recommendation for approval be submitted to the Township Board subject to the petitioner agreeing to post a bond in the amount of fifteen-thousand (15,000) dollars for the removal of the tower should it become obsolete; and a bond for fifteen thousand (15,000) dollars be posted for the removal of the previously approved communications tower located on part of Lot 17, Supervisor’s Plat # 2 Subdivision, (west of Garnet, north of 14 Mile) (File #1097) at Shores Mini-Warehouse, should it becomes obsolete. Roll Call Vote: Aye- Roach, Catalano, Landa, Woodring, Trombley. Nay- None. Absent- Braswell, Dedenbach, Gudobba, Tomlinson. Motion carried.

Mr. Woodring stated there were a number of people from the public present for the Item #9 on the agenda.

Motion by Mr. Roach, supported by Mr. Catalano, to move Item #9 to Item #3 and the remaining items be moved down. Motion carried.

0.98 ACRE OF LAND FRONTING THE WEST LINE OF UTICA ROAD, NORTH OF MORAVIAN DRIVE (SECTION 30)
- DIAMOND SHINE AUTO WASH
-- REQUEST FOR RECOMMENDATION OF APPROVAL OF SITE DEVELOPMENT
PLAN
MF #5213: PETITIONED BY TONY J. GALLO
REPRESENTED BY DAN SANTAVICCA

Pertinent correspondence was read and entered into the record.

Mr. Woodring stated that this item is not a public hearing but a representative from the public could speak.

Tony J. Gallo, Diamond Shine Auto Wash, 8904 E. 14 Mile Road, Warren, Michigan, 48093, stated that the request meets ordinance requirements and he is willing to answer questions.

Mr. Catalano inquired as to the type of wall the petitioner would be constructing at the south property line.

Mr. Gallo stated that the wall would be concrete and match the existing wall. He stated that he will construct a six (6) foot wall instead of the required 4’8 wall to accommodate the residents’ concerns to the south.

Mr. Roach inquired as to why the petitioner is requesting a waiver for the required wall to the west.

Mr. Gallo stated the wall required on the west abuts a soccer field and that the cyclone fence will remain.

Mr. Roach inquired as to the requirement of the abutting property which is zoned R-3.

Mr. Howell stated the Planning Commission could request a covenant for the west wall to be built if the land to the west was developed.

Darlene Sochacki, 35945 Fiermonte, Clinton Township, Michigan 48035, stated that the residents from the Mission View Condominium complex met with the petitioner. She stated that the residents would like an eight (8) foot wall built consistent with the condominium’s grade. They would also like shrubs placed ½’ on center on their side of the wall to eliminate fumes and the residents will maintain the greenbelt. In addition, they would like to ensure that no damage is done to the existing greenbelt. Also, they have concerns regarding lighting, vacuum noise and the dumpster location. She stated that the residents are opposed to the wall waiver.

Mr. Gallo stated that he will place a six (6) foot wall as a barrier, he will relocate the dumpster and he stated that there currently is a cyclone fence on the south boundary which is sufficient. He added the lights will be pointed downward to avoid adverse effect on the surrounding neighbors, there are no outside speakers and the vacuums and lines are underground.

Mr. Catalano inquired as to whether the petitioner is willing to place shrubs on the condominiums side.

Mr. Gallo stated that if the existing greenbelt is damaged he will fix it. He stated that he is not agreeable to placing shrubs on the residents side of the wall.

Mr. Catalano stated that the wall on the south boundary must be shown on the site plan.

Mr. Roach inquired as to whether there will be any roof top equipment.

Mr. Gallo stated that the car wash will not have any roof top equipment.

Mr. Roach inquired as to whether the petitioner is willing to provide access from his property to the adjoining property.

Mr. Gallo stated that for his business the left lane needs to be clear, if a cross access is provided, it would create traffic flow problems for his business. He added that if he provided a cross access to the adjoining business, there would be a problem with parking on his property from the abutting business.

Mr. Howell stated that the cross access will cause internal traffic flow problems for the subject property.

Sharon Lonskey, 35949 Fiermonte, Clinton Township, Michigan 48035, stated that the required wall should be on the highest grade. She stated she is opposed to the wall waiver.

Mr. Woodring stated that the request for the wall waiver will be considered under a second motion.

Motion by Ms. Trombley, supported by Mr. Landa, with reference to File #5213 and application from Tony J. Gallo, Diamond Shine Auto Wash, 8904 E. 14 Mile Road, Warren, Michigan, 48093, as represented by Dan Santavicca, 30247 Lund, Warren, Michigan 48093, concerning request for recommendation of approval of site development plan for Diamond Shine Auto Wash located on 0.98 acre of land fronting the west line of Utica Road, north of Moravian Drive (Section 30), that recommendation for approval be submitted to the Township Board subject to 1) a six (6) foot wall being constructed as referenced by the Planning Department in the correspondence read into the record; 2) no exterior speakers; 3) no offensive lighting and 4) the "future auxiliary building" being removed from the plans prior to being submitted to the Township Board for approval. Roll Call Vote: Aye- Trombley, Landa, Catalano, Roach, Woodring. Nay- None. Absent- Braswell, Dedenbach, Gudobba, Tomlinson. Motion carried.

Mr. Howell stated that the Township Engineers will review the site plan and can determine the grade for the wall placement.

Mr. Roach inquired as to whether the Township Engineers can require fill.

Mr. Howell stated that the grade will be determined by storm water drainage according to the Township Engineers.

Motion by Mr. Catalano, supported by Mr. Landa, with reference to File #5213 and application from Tony J. Gallo, Diamond Shine Auto Wash, 8904 E. 14 Mile Road, Warren, Michigan, 48093, as represented by Dan Santavicca, 30247 Lund, Warren, Michigan 48093, concerning request for wall waiver on the south boundary for Diamond Shine Auto Wash located on 0.98 acre of land fronting the west line of Utica Road, north of Moravian Drive (Section 30), that recommendation for approval of the wall waiver be submitted to the Township Board contingent upon the petitioner agreeing to a covenant that if the abutting property to the south is developed he will place a barrier that will match the existing wall. Roll Call Vote: Aye- Catalano, Landa, Roach, Woodring, Trombley. Nay- None. Absent- Braswell, Dedenbach, Gudobba, Tomlinson. Motion carried.

Meeting recessed at 8:04 p.m. and reconvened at 8:13 p.m.

5.576 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF LAUREL AND KENTUCKY STREETS (SECTION 34)
- PRINCE DREWERY SUBDIVISION
-- REQUEST FOR RECOMMENDATION FOR TENTATIVE APPROVAL OF
PRELIMINARY PLAN
MF #5159: PETITIONED BY CANDACE RICKER
TABLED FROM MEETING OF JUNE 25, 1998

Pertinent correspondence was read and entered into the record.

Candace Ricker, Elegant Accents Homes, 33446 Paoletti Drive, Fraser, Michigan 48026, stated she was willing to answer questions.

Mr. Catalano inquired as to whether the petitioner is going to donate the Phase II property to the Township.

Ms. Ricker stated that Phase I is the outside perimeter and Phase II is the inside development. She stated that she is not planning to donate the Phase II property to the Township.

Mr. Landa inquired as to the square footage of the proposed houses.

Ms. Ricker stated that the houses will be a minimum of 1,350 square feet.

Mr. Woodring stated that the petitioner should make sure that the streets have been officially vacated.

Motion by Mr. Catalano, supported by Mr. Roach, with reference to File #5159 and application from Candace Ricker, Elegant Accents Homes, 33446 Paoletti Drive, Fraser, Michigan 48026, concerning request for recommendation for tentative approval of preliminary plan for Prince Drewery Subdivision (Section 34), located on 5.576 acres of land at the southeast corner of Laurel and Kentucky Streets, that recommendation for approval be submitted to the Township Board. Roll Call Vote: Aye- Catalano, Roach, Landa, Woodring, Trombley. Nay- None. Absent- Braswell, Dedenbach, Gudobba, Tomlinson. Motion carried.

LOT 8 & PART OF LOT 9, EAST POINTE INDUSTRIAL SUBDIVISION (SECTION 1)
- HARRY MAJOR MACHINE INDUSTRIAL BUILDING
--REQUEST FOR APPROVAL OF REVISED SITE DEVELOPMENT
MF #4765: PETITIONED BY RICHARD BURGETT

Pertinent correspondence was read and entered into the record.

Dennis Rovach, 24801 Capital Blvd., Clinton Township, Michigan, representative stated that he was willing to answer questions.

Motion by Mr. Catalano, supported by Ms. Trombley, with reference to File #4765 and application from Richard Burgett, Odessa Builders, Inc., P.O. box 46677, Mt. Clemens, Michigan 48046, as represented by Dennis Rovach, 24801 Capital Blvd., Clinton Township, Michigan, concerning request for approval of revised site development plans for Harry Major Machine Industrial Building, located on Lot 8 & Part of Lot 9, East Pointe Industrial Subdivision (Section 1), north of Capital Drive, east of Gratiot Avenue, that approval of the revised site plan be granted. Roll Call Vote: Aye- Catalano, Trombley, Landa, Roach, Woodring. Nay- None. Absent- Braswell, Dedenbach, Gudobba, Tomlinson. Motion carried.

16.86 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF HALL ROAD (M-59) AND PROPOSED MORLEY DRIVE (SECTION 1)
- LIBERTY INDUSTRIAL PARK SUBDIVISION
-- REQUEST FOR APPROVAL OF PRELIMINARY PLAT: TENTATIVE APPROVAL
MF #5167: PETITIONED BY MICHAEL MCCLAIN

Pertinent correspondence was read and entered into the record.

Michael A. McClain, Vice President, Webber Development Co., L.L.C., 33414 Kelly Road, Clinton Township, Michigan 48035, stated he met with the Road Commission regarding leaving the road at a width of thirty (30) feet and prohibit parking on the side streets. He added that the existing bill board will be removed.

Mr. Landa inquired as to why the Zoning Board of Appeals is not granting the variance.

Mr. Howell stated that the Township Board has authorization on variances to flags.

Mr. Roach inquired as to the recommendation from the Planning Department.

Mr. Howell stated that the Planning Department does not have objections to the request.

Mr. Catalano inquired as to whether the Fire Department has a recommendation for this request.

Mr. Howell stated that the Fire Department has no objections to the variance.

Mr. Woodring inquired as to whether there is sufficient parking.

Mr. McClain stated that the parking is sufficient for Light Industrial.

Mr. Roach inquired as to when the bill board will be removed.

Mr. McClain stated that there is a two (2) year lease for the bill board with a ninety (90) day notice to remove and he has submitted the ninety (90) day notice to the leasee.

Motion by Mr. Catalano, supported by Mr. Landa, with reference to File #5167 and application from Michael A. McClain, Vice President, Webber Development Co., L.L.C., 33414 Kelly Road, Clinton Township, Michigan 48035, concerning request for preliminary plat, tentative approval for Liberty Industrial Park Subdivision located on 16.86 acres of land at the southwest corner of Hall Road (M-59) and proposed Morely Drive (Section 1), that recommendation for tentative approval of the preliminary plat, be submitted to the Township Board. Roll Call Vote: Aye- Catalano, Landa, Roach, Woodring, Trombley. Nay- None. Absent- Braswell, Dedenbach, Gudobba, Tomlinson. Motion carried.

LOTS 9 AND 10, CLINTON WEST. INDUSTRIAL SUBDIVISION (SECTION 35)
- MARYLAND ELECTRIC
-- REQUEST FOR APPROVAL FOR REVISED SITE DEVELOPMENT PLAN
MF #4599: PETITIONED BY GERALD AND ELLEN DANCEYREPRESENTED BY: BENNY SORRENTINO

Pertinent correspondence was read and entered into the record.

Lynn Dans, Sorren Building Co., 23309 Quinn Road, Clinton Township, Michigan 48035, representative, she stated she was willing to answer questions.

Motion by Mr. Roach, supported by Mr. Catalano, with reference to File #4599 and application from Gerald and Ellen Dancey, Maryland Holding Co., Inc., 33651 Giftos Drive, Clinton Township, Michigan 48035, as represented by Lynn Dans, Sorren Building Co., 23309 Quinn Road, Clinton Township, Michigan 48035, concerning request for approval for revised site development plans for Maryland Electric, located on Lots 9 & 10, Clinton West Industrial Subdivision (Section 35), that approval be granted subject to; the plans being revised to include a note indicating that the new deciduous trees will be of 2 ½" caliper and to indicate a berm to the south of the new driveway. Roll Call Vote: Aye- Roach, Catalano, Landa, Woodring, Trombley. Nay- None. Absent- Braswell, Dedenbach, Gudobba, Tomlinson. Motion carried.

LOTS 2-5, PART OF LOT 10, NOVA INDUSTRIAL SUBDIVISION (SECTION 35)
- NOBLE METAL PRODUCTS
--REQUEST FOR APPROVAL OF REVISED SITE DEVELOPMENT PLAN
MF #4363: PETITIONED BY THOMAS B. CHUMINATTO
REPRESENTED BY: WILLIAM S. QUINLAN

Pertinent correspondence was read and entered into the record.

Patrick Westerly, Quinlan Associates, 31325 Harper Avenue, St. Clair Shores, Michigan 48082, representative stated they are proposing to add a seven-thousand (7,000) square foot building between the two existing buildings and enclose for warehousing.

Mr. Woodring inquired as to whether the petitioner is agreeable to providing a letter to the Township Assessor authorizing the lots be combined.

Mr. Westerly stated the petitioner is agreeable to the lots being combined.

Motion by Mr. Landa, supported by Mr. Catalano, with reference to File #4363 and application from Thomas B. Chuminatto, Noble Metal Products, 34660 Centaur Drive, Clinton Township, Michigan 48035, as represented by Patrick Westerly, Quinlan Associates, 31325 Harper Avenue, St. Clair Shores, Michigan 48082, concerning request for approval of revised site development plans for Noble Metal Products located on Lots 2-5, Part of Lot 10, Nova Industrial Subdivision (Section 35), that approval be granted. Also noted that prior to a "Development Certificate" being issued the petitioner is required to submit a letter to the Township Assessor authorizing that the lots be combined. Roll Call Vote: Aye- Landa, Catalano, Roach, Woodring, Trombley. Nay- None. Absent- Braswell, Dedenbach, Gudobba, Tomlinson. Motion carried.

2.01 ACRES OF LAND FRONTING THE EAST LINE OF GROESBECK HIGHWAY, NORTH OF 15 MILE ROAD (SECTION 28)
- WHIRLY BALL OF CLINTON TOWNSHIP
-- REQUEST FOR RECOMMENDATION OF APPROVAL OF SITE DEVELOPMENT
PLAN
MF #5196: PETITIONED BY RICHARD PORHOLA AND ROBERT WILSON

Pertinent correspondence was read and entered into the record.

Robert Wilson, Whirly Ball of Clinton Township, 819 Auburn Road, Rochester Hills, Michigan 48307, stated that the current location has seventy-nine (79) parking spaces and only thirty (30) are used.

Mr. Catalano stated that the reserve for parking is for future businesses at this location.

Mr. Wilson stated that he would prefer to a time limit for the "banked" land for parking so that if in the future the parking is deemed appropriate he could develop the additional land.

Mr. Howell stated that a two (2)- three (3) year period for the "banked" land should be sufficient.

Motion by Mr. Roach, supported by Ms. Trombley, with reference to File #5196 and application from Richard Porhola and Robert Wilson, Whirly Ball of Clinton Township, 819 Auburn Road, Rochester Hills, Michigan 48307, concerning request for recommendation of approval of site development plans for Whirly Ball of Clinton Township, located on 2.01 acres of land fronting the east line of Groesbeck Highway, north of 15 Mile Road (Section 28), that recommendation for be submitted to the Township Board for approval, contingent upon the petitioner agreeing to "bank" or reserve that part of the site (approximately 2/3 acres) that is not currently proposed for development for additional parking if needed, for an amount of time determined, by the Planning Department as sufficient. Roll Call Vote: Aye- Roach, Trombley, Catalano, Roach, Woodring. Nay- None. Absent- Braswell, Dedenbach, Gudobba, Tomlinson. Motion carried.

ADJOURNMENT

Motion by Mr. Roach, supported by Mr. Catalano, to adjourn the meeting. Motion carried. Meeting adjourned at 8:56 p.m.

Respectfully submitted,

Denise C. Trombley, Secretary
CLINTON TOWNSHIP PLANNING COMMISSION