Planning Commission
April 14, 2011
7:00 p.m. 

Meeting called to order at 7:00 p.m. 

Pledge of Allegiance to the Flag 

Roll call:  Present:  Westrick, Acciavatti, Cataldo, M. Boulier, Short, Dembinski. D. Boulier
                 Absent:  Cunningham, Kays

 Motion by M.Boulier to move the update of the construction schedule - 3020 Fred Moore Hwy before the consideration of the public hearing. Seconded by Cataldo.  Motion carried. 

Motion by M.Boulier to approve the minutes of the March 10, 2011 meeting as presented.  Seconded by D. Boulier.  Motion carried.                                   

Public Hearing - Special Use Approval – 6268 Fred Moore Hwy - Religious Meeting Facility 

Motion by M. Boulier to open public hearing.  Seconded by Dembinski.  Hearing opened at 7:04 p.m.

 Mr. Beier – Asked the commission to strictly adhere to the ordinance, specifically the area that states special approval use cannot be given if there is another church within a one-half mile radius of an existing church.  The Jehovah’s Witness currently owns the facility and I don’t believe the Planning Commission has any authority to issue this special use approval.  When the church is not occupied there are activities going on there, trespassers, illicit activities, etc.  I ask that when this construction takes place that the retention area be located on the West side of the property and that it is a slow release into the road ditch on Fred Moore Hwy and they be required to clean the ditch on the North side of Fred Moore Hwy.  I would also request that a chain link fence be constructed around the church property due to trespassers.  We are also concerned about the lighting, our property is zoned for residential at this time and ask that the lighting be directed to the church property.  We are also concerned with the septic system working properly.  We are not interested in becoming part of a sanitary sewer municipal system if the septic does not work.

 Carrie Stone – committee with building – The county oversees the drainage off the property, in addition we are not requesting public sewer.  The current church system has been in place for over 40 years and nothing else has been required as of this date.  In fact the DEQ has turned that over to the county to look after.  The construction of this building is contingent on the old church selling, if it doesn’t sell we won’t be building this one.  Most of our Kingdom halls are built in rural areas and we don’t fence them. 

 D. Knight – can a church be located on (4) acres?  Yes  

Mr. Beier – We have concerns regarding drainage along Fred Moore Hwy.  In reviewing the site plan, if a good portion of this lot is paved over and if we have a heavy rain storm that water is going to get into these retention ponds and gush out along Fred Moore Hwy, and unless that ditch is cleaned out we are going to have a flooding problem.  I would like to have as a requirement that the surface water drain down the west side of their property and then it will flow east to the county drain.  We are going to tile our property this summer and it won’t do any good if the drainage is not handled properly.  One other concern that we do have is there has been some filling done on the property over the original grade.  There was an original swale that has been filled in and there is now drainage on our property.   

B.Bayly – As we had previously discussed I stated the occupancy would not be granted until the site plan has been met. 

 Carrie Stone – As far as the swale is concerned and I met with the adjacent property owner and the swale is still there.  There is no flooding that I am aware of.  We also dug a ditch to the West side of the property to take care of the water that would that sit.  Water did accumulate on Ray Walters property to the West previous to the digging of the ditch.  The Planning Commission previously recommended that we install lighting that would shine directly down.  The retention pond was modified as requested.  We will not be paving four acres of the property.  The raising of the grade was on the site plan, we received the septic permit from St. Clair County and was approved, there is also a well on the property.  We have been working with the county on the septic and the drainage.  Most of the recommendations from the Planning Commission have been dealt with. 

 B.Dziubinski – Representing the purchasing of the old church.  The current church is immaculate, there is no activity going on there. This is a gorgeous building, very well kept.  We have reports from the county and China Township and they have directed the drainage as requested by the county and the township.  They just went to a BZA meeting and we were approved.  We now have to go back to the Planning Commission.   

D.Knight – we have had all the inspections, septic, drainage, etc has been done or we wouldn’t be buying it.   

B. Beier – The church went through a site plan review in 1991 when they put an addition on the church.  In their site plan they stated they were going to drain all of their surface water east to the county.  They had their contractor put in a sump in the southwest corner of their property and all of their water to the southwest of their parking lot which ultimately flows onto my property.  So that is why I am concerned at this point and I expect the surface water to be drained to the West to the retention ponds.            

Regarding drainage issue in China Township when the addition was constructed.  The township did require that we take care of some drainage issues as far as the parking lot is concerned.  The township required that we install the pump in the southwest corner as Mr. Beier has stated.  The sump drains the water to the county drain.  It takes all of the water away.  Mr. Beier has mentioned this in China Township, so we went out and surveyed the area.  The parking lot does have a gradual slope from east to west and north to south back to that drain, which the township had required.  I also did some measurements to the ditch along Fred Moore Hwy; which runs east and west, in front of Mr. Beier’s property and in front of our property and then goes to the county drain.  When I check those measurements, Mr. Beier’s property has a small swale in front of his property that is about 26” higher than the ditch.  The problem with Mr. Beier’s property is that he has low areas, we are not draining into his field.  The ponding in his field is because of his low spots and the ditch that runs between our properties will not flow uphill.  We have complied with the township requirements.   

Public hearing closed at 7:38 p.m. 

Brief public comment:  None 

Correspondence/Communications:  None 

New Business: 

            Update of Construction Schedule – 3020 Fred Moore Hwy –
            Tom Foley – updated the Planning Commission regarding the development of
            the property.  The addition of the pavilions, the future concession stand, the
            development of the baseball fields.  We are installing a flag pole this year and
            finishing up some fencing.   

            Bayly – are you going to install the restrooms this year?   

            Foley - We wanted to get costs before proceeding any further.  The costs for the
            bathrooms and concession stand is approximately $150,000 and we don’t know for sure.   

            Stephanie Matt – 5272 Yankee Road – We have 15 acres and I am asking for a
            reversal of a combination of our property that occurred.  Last year I reattached the
            properties, not knowing the 220’ foot rule would apply if we wanted to split the
            property again.  Had I know that rule would apply, I would never have combined
            the two parcels.  I am asking the commission to approve going back to the original
            split of the two parcels.  Short – you are going to have to come in with a site plan
            and your original paperwork to Brian Bayly and he will go through the process with you.
 

            Consideration of Special Use Approval – 6268 Fred Moore Hwy – Religious
            Meeting Facility.   

            Westrick – I agree with Mr. Beier regarding the poor drainage on Fred Moore Hwy.  I
            work for the road commission and we did remove the culvert from the west side to
            relieve some flooding in that field.  I know the area really well, the flow does need to
            go to the east, which in turn goes to the drain along the existing church.  I would like to
            see some drainage correction from a road commission standpointe.  The road commission
            does not encourage water from residents property run into the road ditch.  The ditch is
            there to drain the road.  I am also concerned with trespassers, would the church consider
            installing a gate at the entrance?   

            Jehovah Witness – what would you like to see as far as drainage?  Westrick - If you
            would clean out to the county drain that would help drain on this property.  It was our
            understanding this drainage has been approved.  Westrick – I think if we could get
            a more positive drain going it would help everyone.  I don’t think we would have a
            problem cleaning out in front of our property if Mr. Beier would clean out in front
            of his property.  We could install a gate at the entrance. 

            Mr. Beier – I would definitely agree to split the cost of the clean-out.  We would
            pay for one-half the cost to clean it out to the county drain.   

            Cataldo – 5.4.10 item b. regarding the one-half mile radius should we have any
            concerns with that?  Bayly – if they don’t sell the church, they will not build this one.
            If they sell to another church in the future, I don’t think we have any control over that
            because it is in another jurisdiction.  The building plans are here for our review.

            Bayly – I have those plans for my review.  The new building will be 45’ wide
            instead of the previously submitted 50’. 

            Mr. Beier – I would ask the Planning Commission not to make a decision on this
            until the issue with China Township has been resolved.  They still have to go before the
            Planning Commission in China and it may end up in litigation.   

            M. Boulier – I think that we should possibly wait until the property is sold to a
            non-religious facility.  If we table this issue would they have to come back before us for  
            another review, pay monies again, etc?  Bayly – that is up to the commission.  They
            would not have to pay the fees again.  You are putting the stipulation in your motion, that
            should be sufficient and they would not have to come back again.            

            Motion by Dembinski that Special Approval for the church is approved with the
            understanding the present church site that is within the half mile radius of the new church
            be sold to a non-religious owner, a gate be placed across the drive of the religious facility
            and with the understanding the Fred Moore ditch North side from West side site to
            Grossmeier ditch #1 be cleaned.  Seconded by Acciavatti.  Roll call:  Yes – Westrick,
            Acciavatti, Cataldo, M. Boulier, Short, Dembinski, D. Boulier.  Motion carried. 

Old Business:   

Accessory structure ordinance – Section 6.1, D.1 simultaneous construction.  Changed to read simultaneous construction in the RU, RS1, RS2 districts with (5) acres or more prior to or simultaneous with the construction of the principal building providing the compliance with the following:  Issuance of the payment of the building permit for the principal structure and must be started within six months from issuance date and the submittal of a performance guarantee in the amount of $5,000.  Under five acres no accessory structure is permitted prior to the residential structure.   

Leaman – I believe that if you have a piece of property that you should be able to construct a building on the property in compliance with the building ordinance. 

Westrick – with property under four acres you really don’t have room to do much with the property, other than a storage unit. 

Cataldo – are we interested in pursuing setting regulations on smaller acres? 

Mr. Beier – The only structures that can be built prior to the house in China Township is an agricultural building.  There are different setback requirements.  I believe it has to be set way back off the road.  What happens is the building is full and storage is outside, acreage requirement to be considered agricultural is 35 acres.   

Bayly – another issue are the diagrams that are included with the accessory structure ordinance.  It would have to be a perfect scenario for the diagrams to work. 

Motion by M. Boulier that we add the changes submitted by the Building Inspector, Bryan Bayly, to the accessory structure ordinance.  Seconded by Cataldo.  Motion carried unanimously. 

M. Boulier public hearing will be set for the June meeting.  

Call from the Floor: 

            I. Emerich – drainage of property – I understand the roadside ditches were to drain the
            roads, not properties; that is correct. 

            D. Knight – when I was going to build on Wadhams and Gratiot there was a problem

            and I was told by the Road Commission that I could not drain in the ditch. 

Reports:   

            Township Board – Mike Boulier – we will be removing the recycling bin from the park,
            approved a charitable gambling license for the St. Clair High School Athletics, approved
            some road work, chloride. 

            BZA – Frank Short – no meeting 

Call from the table:   

            Cataldo – Thank you to Glenn for resolving the drainage issue between the property
            owners on Fred Moore Hwy. 

            Next meeting May 12, 2011. 

Meeting adjourned at 8:44 p.m.

 

                                                                                    Respectively submitted,
 

                                                                                    Mike Boulier
                                                                                    Secretary