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Tim Horton's/Cold Stone denied for fourth time

July 09, 2014 - By Meg Peters

Review Staff Writer

A Tim Horton's/Cold Stone Creamery business proposal that was turned down at the June 16 board meeting was resurrected at the board meeting July 7.

Clerk Penny Shults moved to rescind the action of the previous board meeting, where Shults and Township Treasurer Mark Thurber supported the final approval of the Tim Horton's/Coldstone with conditions that the drive through be limited to operation from 5 a.m. until 9 p.m. Trustees John Steimel, Mike Flood, Donni Steele and Neil Porter and Supervisor Chris Barnett opposed the motion.

A second motion failed June 16 also, stating the original intentions for the proposed business—that a drive-thru be open from 5 a.m. until 11 p.m. The vote failed then too 4-3.

Trustees revisited the motion Monday night after a representative of the petitioner, Patrick Bell, introduced additional information that was not included in previous application, including a traffic study, noise level study and information on a new deed restriction.

The property owner of the northern and southern parcel comprising the site, Larry Mullins of LRM Associates, agreed to deed restrict the southern parcel of the site in order to prevent future commercial businesses from building a drive-thru. Both parcels are under ownership of Mullins, however, if the Tim Horton's is approved, the northern parcel would be sold to Tim Donut, LLC.

A Planned Unit Development is required for the site because the Gingellville community restricts businesses with drive-thrus.

Three other businesses located near the potential site at 3600 Baldwin Rd. already have a drive-through: the Walgreen's, CVS pharmacy and Chase Bank.

Te third amendment to the PUD presented July 7 answered some of the opposing residents' issues with the Tim Horton's/Coldstone Creamery, but not all of them.

"Yeah, we were talking about the second parcel in general, but the majority of our comments came from the whole well-being of Gingellville," resident Jackie Brooks said. "And that's where the restrictions came in to protect the future when Baldwin Rd. widens."

Members of the Gingellville community acquired over 200 signatures against the proposed business being constructed in their community.

"The drive-thru is part of our business model. A significant amount of our business is derived from the drive-thru, it's absolutely vital to a Tim Horton's success," Tim Horton's representative Bell said.

The intercom system report included in the third amendment found that noise levels would be no greater than a 29 decibel level at the property line of the residents, Bell said. About 40 decibels is average for a library.

Although the petitioner brought the new data to the table, the third amendment was ultimately shot down two separate times at the July 7meeting.  

Barnett, Steel and Flood voted in favor of the new proposal.  

Although it is unlikely, the developers can continue to make changes to the proposal and ask township officials to reconsider, Barnett said.

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