CLINTON TOWNSHIP PLANNING COMMISSION
REPORT OF REGULAR MEETING
DECEMBER 16, 1999
MINUTES

Present:        Vincent J. Gudobba, Vice Chairman
                    Denise C. Trombley, Secretary
                    Ralph Consiglio
                    Nancy L. Dedenbach
                    Thomas Landa
                    Valerie O’Neal
                    Michael Nickerson
                    Donald Roach
                    Dennis C. Tomlinson

Absent:         None

Staff:             Stephen N. Cassin, Director
                    DEPT. OF PLANNING AND COMMUNITY DEVELOPMENT

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

Mr. Gudobba stated for the record he would be the acting Chairman for the meeting due to the vacancy of the position.

Mr. Gudobba stated that Item #9 would be moved to Item #2A.

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

INTRODUCTION OF MEMBERS

Mr. Cassin introduced the Planning Commission’s three new members: Ralph Consiglio, Valerie O’Neal and Michael Nickerson.

PART OF LOT 13, SUPERVISOR’S PLAT OF OBERLIESEN SUBDIVISION (SECTION 2)
- L.G. INDUSTRIAL BUILDING
–REQUEST WAIVER OF REQUIRED MASONRY WALL
MF #4983: PETITIONED BY LORENZO GARRISI

__________________________________________________________________________________

Pertinent correspondence was read and entered into the record.

Lorenzo Garrisi, Sunshine Homes, 18557 Canal Road, Suite #1, Clinton Township, Michigan 48038, stated he had planned to put in a greenbelt. He added that during the process of putting in the greenbelt the adjoining neighbor decided he did not want the greenbelt.

Mr. Cassin stated that a letter from the adjoining neighbor agreeing to the greenbelt was submitted at the time of Site Plan Development. The neighbor then decided he did not want the greenbelt. There is no room on the subject property for a wall. The Planning Department is recommending approval of the wall waiver request.

Motion by Mr. Landa, supported by Mr. Roach, with reference to File #4983 and application from Lorenzo Garrisi, Sunshine Homes, 18557 Canal Road, Suite #1, Clinton Township, Michigan 48038, concerning request for waiver of required masonry wall for L.G. Industrial Building, located on Part of Lot 13, Supervisor’s Plat of Oberliensen Subdivision (Section 2), generally located east of North Avenue, south of Oberliesen, that recommendation for approval of the wall waiver be submitted to the Township Board. Roll Call Vote: Aye- Landa, Roach, Consiglio, Dedenbach, Gudobba, O’Neal, Nickerson, Tomlinson, Trombley. Nay- None. Absent- None. Motion carried.

1.5 ACRES OF LAND FRONTING THE WEST LINE OF GROESBECK HIGHWAY, EAST OF ELIZABETH ROAD (SECTION 2)
- MOBIL SERVICE STATION/CONVENIENCE STORE/CAR WASH
-- PUBLIC HEARING
MF #5365: PETITIONED BY MOHAMAD MAKKI
REPRESENTED BY STEPHEN F. RAY

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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 none 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.

Stephen F. Ray, L&R Construction Services, 1500 Villa, Birmingham, Michigan 48009, representative, stated that the petitioner is requesting a Special Land Use for a gas station with a car wash. The gas station will be a single story block building approximately 3,500 square feet. The car wash will be a state of the art touchless car wash.

Thomas Budzynski, 43777 Groesbeck, Clinton Township, Michigan 48038, stated that he owns the adjoining property and is opposed to the Special Land Use. He stated that the Environmental Control Agency stopped the project and there is a pending law suit. He felt that the survey is wrong. He added that Section 1290 of the Ordinance requires a study. In addition he stated that the DEQ states that the pond next to the gas station cannot be moved.

Mr. Cassin stated that the Planning Commission is not considering rezoning. He added that this is a Special Land Use request. He added that all Special Land Uses require a Department of Environmental Quality study be done. He stated that the DEQ successfully mediated this Special Land Use. He stated that permits must be issued according to the Ordinance. The Ordinance does not require an Environmental impact study.

Mr. Budzynski stated that Section 1290 does require an Environmental study and this request is not in compliance with the ordinance.

Mr. Gudobba stated that the Planning Department Director does not agree. He stated that the pending Environmental study does not prohibit the Planning Commission from making a recommendation to the Township Board.

Mr. Budzynski stated that Section 1290 of the Ordinance does state that a Environmental study is needed and the Prosecutor’s office is looking into the property. He added that the DEQ has issued seven violations on this property.

Mr. Cassin stated that Mr. Budzynski has violated ordinances with the development of his property. He added that the legal description for the property has been review by the Township Attorney.

Mr. Tomlinson inquired as to the ownership of the corner parcel of land.

Mr. Cassin stated that an owner cannot be located. He added his opinion that the parcel of land is left over from road expansion.

Mr. Gudobba inquired as to who will manage that parcel of land.

Mr. Ray stated that sanitary and water will be implemented by the Township Engineer for the parcel. He added that the parcel is not able to be developed as B-3. He stated that the petitioner will manage the parcel of land.

Mr. Tomlinson inquired as to whether the petitioner has a fast food business for the gas station.

Mr. Ray stated that the petitioner is in negotiations with Tubby’s.

Mr. Roach inquired as to whether this is a revised site plan and if the landscape plan will be included with the approval or denial.

Mr. Cassin stated the landscape plan is approved or denied with the site plan.

Mr. Roach inquired as to whether the Planning Commission should be concerned with the litigation concerning this request.

Mr. Cassin stated that the Planning Commission can only approve or deny the request subject to permits.

Ms. Dedenbach stated her opinion that she does not support a gas station for this property. She supports B-3 zoning. She stated that the intersection is congested with the businesses in the area. She added that the retention pond was built on the highest part of the property; therefore, there is not an effect on drainage for the property.

Mr. Consiglio inquired as to the type of signs on the property.

Mr. Ray stated that the signs will comply with the ordinance. He added that if the proposed signs do not comply with the ordinance they will submit a request to the Zoning Board of Appeals.

Motion by Ms. Dedenbach, supported by Ms. O’Neal, with reference to File #5365 and application from Mohamad Makki, Groesbeck Elizabeth Petro, Inc., 26766 Cecile, Dearborn Heights, Michigan 48127, as represented by Stephen F. Ray, L&R Construction Services, 1500 Villa, Birmingham, Michigan 48009, concerning request for recommendation for approval of Special Land Use: Gas station/convenience store/car wash in B-3 General District and Site Development for Mobil Service Station/Convenience Store/Car Wash for 1.5 acres of land fronting the west line of Groesbeck Highway, and east of Elizabeth Road (Section 2) that recommendation for denial be submitted to the Township Board. Roll Call Vote: Aye- Dedenbach, O’Neal. Nay- Consiglio, Gudobba, Landa, Nickerson, Roach, Tomlinson, Trombley. Absent- None. Motion failed.

Motion by Mr. Roach, supported by Mr. Landa, with reference to File #5365 and application from Mohamad Makki, Groesbeck Elizabeth Petro, Inc., 26766 Cecile, Dearborn Heights, Michigan 48127, as represented by Stephen F. Ray, L&R Construction Services, 1500 Villa, Birmingham, Michigan 48009, concerning request for recommendation for approval of Special Land Use: Gas station/convenience store/car wash in B-3 General District and Site Development for Mobil Service Station/Convenience Store/Car Wash for 1.5 acres of land fronting the west line of Groesbeck Highway, and east of Elizabeth Road (Section 2) that recommendation for approval be submitted to the Township Board, subject to conditions stated by the Planning Department in the correspondence read into the record be met and subject to Department of Environmental Quality approval. Roll Call Vote: Aye- Roach, Landa, Consiglio, Gudobba, Nickerson, Roach, Tomlinson, Trombley. Nay- Dedenbach, O’Neal. Absent- None. Motion carried.

Ms. Dedenbach inquired as to whether the Planning Department is recommending approval.

Mr. Cassin stated that the Planning Department does not recommend on Special Land Use.

PART OF LOTS 28-31, THE MEADOWS SUBDIVISION (SECTION 23)
- HOUSE OF FLOORS COMMERCIAL CENTER
-- REQUEST FOR RECOMMENDATION OF APPROVAL OF SITE DEVELOPMENT PLAN
MF#5349: PETITIONED BY AL ARCHICOVICH
REPRESENTED BY WILLIAM J. THOMPSON

_________________________________________________________________________________

Pertinent correspondence was read and entered into the record.

Rick Rizzo, PE, Lehner Associated, Inc., 17001 19 Mile Road, Clinton Township, Michigan 48038, stated House of Floors has been in business for 30 years. He added that the petitioner plans to combined the warehouse and store in the same building. He added the building will be 10,500 square feet and the petitioner will occupy 4,900 square feet of the building.

Ms. Dedenbach stated her opinion that the ingress and egress should be away from the curb.

Motion by Ms. Dedenbach, supported by Mr. Consiglio, with reference to File #5349 and application from Al Arcicovich, House of Floors, P.O. Box 463208, Mt.. Clemens, Michigan 48046, as represented by Rich Rizzo, PE, Lehner Associates, Inc., 17001 19 Mile Road, Clinton Township, Michigan 48038, concerning request for House of Floors Commercial Center, located on Part of Lots 28-31, The Meadows Subdivision (Section 23), generally located fronting the east line of northbound Gratiot Avenue and the west line of Meadowdale Drive, south of Harrington, that recommendation for approval be submitted to the Township Board subject to the dumpster being widened to twelve feet. Roll Call Vote: Aye- Dedenbach, Consiglio, Gudobba, Landa, Nickerson, O’Neal, Roach, Tomlinson, Trombley. Nay- None. Absent- None. Motion carried.

2.11 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF 15 MILE ROAD AND
GROESBECK HIGHWAY (SECTION 33)
- WALGREEN’S PHARMACY
–REQUEST FOR RECOMMENDATION OF APPROVAL OF SITE DEVELOPMENT PLAN
MF #5374 A/B: PETITIONED BY MICHAEL T. BAILEY
REPRESENTED BY PATRICK T. LENNOX

__________________________________________________________________________________

Pertinent correspondence was read and entered into the record.

Patrick T. Lennox, Bailey, Schmidt & Associates, Inc., 255 East Brown Street, Suite 105, Birmingham, Michigan 48009, representative, stated the petitioner will eliminate two of the vacant buildings. They will move the curb cuts from the intersection. He added that the request complies with the ordinance and with the Master Plan.

Mr. Roach inquired as to whether there are two separate owners for the project.

Mr. Lennox stated that there are two separate owners. He added the two businesses will share curb cuts. He stated that they talked to Gerald Abbott with the Michigan Department of Transportation and they are requesting two separate curb cuts for traffic flow. MDOT wants no cross pattern traffic.

Mr. Roach inquired as to whether Burger King traffic will have access to Walgreen’s access in the rear.

Mr. Lennox stated that Burger King has access to 15 Mile.

Mr. Cassin stated that the Planning Department has received approval from Linda Zimmerman with the State Highway Department for the project.

Ms. Dedenbach inquired as to whether the entrance to Racerock will be used.

Mr. Lennox stated the entrance will be used.

Ms. Dedenbach inquired as to whether there will be a cross easement with Sav-A-Lot, the adjoining business.

Mr. Cassin stated that has not been discussed with the petitioner.

Mr. Gudobba inquired as to whether the petitioner is agreeable to a cross easement.

Mike Bailey, Bailey, Schmidt & Associates, inc., 255 East Brown Street, Suite 105, Birmingham, Michigan 48009, stated that Walgreen’s will not agree to a cross easement.

Mr. Lennox stated that a guard rail will be in between the properties.

Mr. Consiglio inquired as to whether the site has been cleaned up.

Mr. Lennox stated that Marathon has done some clean up and will continue to clean.

Motion by Ms. Dedenbach, supported by Mr. Nickerson, with reference to File #5374 A/B and application from Michael T. Bailey, Bailey, Schmidt & Associates, Inc., 255 East Brown Street, Suite 105, Birmingham, Michigan 48009, as represented by Patrick T. Lennox, Bailey, Schmidt & Associates, inc., 255 East Brown Street, Suite 105, Birmingham, Michigan 48009, concerning request for approval of Site Development Plan for Walgreen’s Pharmacy located on 2.11 acres of land located at the southwest corner of 15 Mile Road and Groesbeck Highway (Section 33) and Site Development Plan for Burger King Restaurant, located on 0.92 acre of land located west of Groesbeck Highway and south of 15 Mile Road (Section 33), that recommendation for approval, based on the recommendation from the Planning Department with a notation that does not include approval of any signage shown on the plan. be submitted to the Township Board, subject to the petitioner meeting with the Planning Department for discussion regarding a possible easement with the adjoining business. Roll Call Vote: Aye- Dedenbach, Nickerson, Consiglio, Gudobba, Landa, Nickerson, O’Neal, Roach, Tomlinson, Trombley. Nay- None. Absent- None. Motion carried.

PART OF 4.98 ACRES OF LAND LOCATED NORTH OF 15 MILE ROAD, WEST OF KELLY ROAD (SECTION 29)
- CONSOLIDATED BUSINESS FORMS PHASE I
–REQUEST FOR RECOMMENDATION OF APPROVAL OF SITE DEVELOPMENT PLAN
MF #5382: PETITIONED BY NANCY B. WEEKS
REPRESENTED BY RICHARD BURGETT

__________________________________________________________________________________

Pertinent correspondence was read and entered into the record.

Richard Burgett, Odessa Builders, Inc., P.O. Box 46677, Mt. Clemens, Michigan 48046, representative, stated he is willing to answer questions.

Mr. Tomlinson stated that there is no location sketch on the site plan.

Mr. Burgett stated it was oversight.

Motion by Mr. Consiglio, supported by Mr. Roach, with reference to File #5382 and application from Nancy B. Weeks, 5300 Circulo Sobrio, Tucson, Arizona 85718, as represented by Richard Burgett, Odessa Builders, Inc., P.O. Box 46677, Mt. Clemens, Michigan 48046, concerning request for recommendation of approval of Site Development Plan for Consolidated Business Forms Phase I, located on Part of 4.98 acres of land located north of 15 Mile Road, west of Kelly Road (Section 29), that recommendation for be submitted to the Township Board; further, it should be noted that a recommendation for approval of the site development/landscape plans does not include the approval of any signage shown on the plans. Roll Call Vote: Aye- Consiglio, Roach, Dedenbach, Gudobba, Landa, Nickerson, Roach, Tomlinson, Trombley. Nay- None. Absent- None. Motion carried.

7.5 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF HALL ROAD AND HEYDENREICH ROAD (SECTION 4)
- ZINTECH INDUSTRIAL COMPLEX (FKA VITALE INDUSTRIAL BUILDING)
–REQUEST FOR APPROVAL OF REVISED SITE DEVELOPMENT
MF #4992: PETITIONED BY ANTHONY VITALE

__________________________________________________________________________________

Pertinent correspondence was read and entered into the record.

Anthony Vitale, Zintech, 44405 Thunder Bay Drive, Clinton Township, Michigan 48038, stated they are building Phases 2 and 3.

Ms. Dedenbach inquired as to whether the petitioner will build up to Villa Grande.

Mr. Vitale stated they development will go back to Villa Grande.

Motion by Mr. Nickerson, supported by Ms. Dedenbach, with reference to File #4992 and application from Anthony Vitale, Zintech, 44405 Thunder Bay Drive, Clinton Township, Michigan 48038, concerning request for approval of Revised Site Development approval for Zintech Industrial Complex (fka Vitale Industrial Building), located on 7.5 acres of land located at the southwest corner of Hall Road and Heydenreich Road (Section 4), that approval of the Revised Site Development Plans be granted as submitted. Roll Call Vote: Aye- Nickerson, Dedenbach, Consiglio, Gudobba, Landa, O’Neal, Roach, Tomlinson, Trombley. Nay- None. Absent- None. Motion carried.

114.39 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF CLINTON RIVER ROAD AND GARFIELD ROAD (SECTION 19)
- CADILLAC MEMORIAL GARDENS CEMETERY
– REQUEST FOR APPROVAL OF REVISED SITE DEVELOPMENT
MF #3551: PETITIONED BY MORRIS A. WILSON
REPRESENTED BY BRIAN GEER

__________________________________________________________________________________

Pertinent correspondence was read and entered into the record.

Brian P. Geer, P.E. Mannik & Smith, Inc., 1800 Indian Wood Circle, Maumee, Ohio 43537, representative, the petitioner is planning to build a mausoleum and office space. He added there is an existing private drive to the north.

Mr. Tomlinson inquired as to whether the access from 17 Mile is being considered with this request.

Mr. Geer stated the building and entrance from 17 Mile are separate.

Mr. Cassin stated that both requests came in together. He added that the petitioner needs to build the mausoleum as soon as possible and the petitioner is working with the Planning Department so they separated the two requests.

Motion by Mr. Landa, supported by Mr. Consiglio, with reference to File #3551 and application from Morris A. Wilson, Cadillac Memorial Gardens East, 28425 Garfield Road, Clinton Township, Michigan 48038, as represented by Brian P. Geer, P.E. Mannik & Smith, Inc., 1800 Indian Wood Circle, Maumee, Ohio 43537, concerning request for approval of Revised Site Development for Cadillac Memorial Gardens Ease, located on 114.39 acres of land located at the northwest corner of Clinton River Road and Garfield Road (Section 19), that approval of the Revised Site Development be granted. Roll Call Vote: Aye- Landa, Consiglio, Dedenbach, Gudobba, Nickerson, O’Neal, Roach, Tomlinson, Trombley. Nay- None. Absent- None. Motion carried.

Motion by Ms. Dedenbach, supported by Mr. Landa, to approve the Report of Meeting for Thursday, August 26, 1999, Thursday, September 9, 1999 and Thursday, October 14, 1999 as submitted. Motion carried.

Mr. Cassin stated that the next meeting is on January 13, 2000. He added there is a rezoning at Elizabeth and Hall. The petitioner is requesting B-2 zoning.

Mr. Landa nominated Vincent J. Gudobba for Chairperson.

Motion by Mr. Landa, supported by Ms. Dedenbach, that nominations for the office of Chairperson to the Planning Commission be closed. Motion carried.

Mr. Gudobba accepted nomination for Chairperson.

Vincent J. Gudobba was elected, by acclamation, as Chairperson to the Planning Commission.

Mr. Tomlinson nominated Donald Roach for Vice-Chairperson.

Motion by Mr. Tomlinson, supported by Mr. Consiglio, that nominations for the office of Vice-Chairperson to the Planning Commission be closed. Motion carried.

Donald Roach accepted nomination for Vice-Chairperson.

Donald Roach was elected, by acclamation, as Vice-Chairperson to the Planning Commission.

Mr. Roach nominated Denise C. Trombley for Secretary.

Motion by Mr. Roach, supported by Mr. Tomlinson, that nominations for the office of Secretary to the Planning Commission be closed. Motion carried.

Ms. Trombley accepted nomination for Secretary.

Denise C. Trombley was elected, by acclamation, as Secretary to the Planning Commission, with term of office effective immediately and through November 1996.

COMMITTEE APPOINTMENTS

Mr. Gudobba appointed Planning Commission members to the Landscaping Committee, Ordinance Update Committee and the Master Plan Committee.

Motion by Mr. Roach, supported by Ms. Dedenbach, to adjourn the meeting. Motion carried. Meeting adjourned at 7:42 p.m.

Respectfully submitted,

Denise C. Trombley, Secretary
CLINTON TOWNSHIP PLANNING COMMISSION