Planning Commission

 

Planning Commission Meeting April 10, 2008

 
REGULAR MEETING

APRIL 10, 2008

PLANNING COMMISSION

1 - 1

   
The meeting was called to order by Chairman Heidt at 7:30 p.m. A quorum was present.
 
PRESENT
 
Chairman John Heidt; Commissioners Kathy Amerman, Gary Goodenow, Larry Keef, Larry Martin, Peter Murad, Stanley Zasuwa
 
ALSO PRESENT
 
Building Official Randy Sapelak; Planning Consultant Nick Lomako
 
ABSENT Commissioners Craig Johnston, Karen Worrell
 
APPROVAL OF MINUTES
 
Regular Meeting March 13, 2008
 
PC-08-14 Amerman moved, Zasuwa seconded, to accept the minutes of the regular Planning Commission meeting of March 13, 2008, as amended: Page 1 – 2, item 4, “…monument will be…” add “…monument sign will be…” Motion CARRIED
 
CALL TO PUBLIC
 
James Eppink of J. Eppink Partners, Inc., 39 S. Main, Clarkston, and Perry Sinacola, owner of Milford House Bar & Grill, 101 E. Commerce, were present to ask for an amendment to the approved site plan, SP-07-03. Mr. Eppink said that Mr. Sinacola is seeking approval to have 60 seats for outdoor dining year round, and be permitted to have occasional outdoor entertainment. Mr. Eppink said that typically outdoor seating is approved by the Village Manager, Arthur Shufflebarger and explained that he and Mr. Sinacola met with Mr. Shufflebarger and Mr. Sapelak last month to discuss the request and Mr. Shufflebarger would only approve outdoor seating for up to 12 seats and suggested they return to Planning Commission.
 
The Commissioners, Mr. Sapelak, Mr. Lomako, Mr. Eppink and Mr. Sinacola discussed the following: What impact the additional seating may have on parking. If additional water taps would be required. How outdoor entertainment may affect adjoining neighbors. Because of the amount of seats being requested and outside entertainment being requested a Public Hearing is necessary. Input from the Fire Department and Police Department are necessary. Whether the number of bathroom stalls will need to be increased because of the increase of seats. Whether a language amendment is necessary to change the outdoor seating times or if a variance could be applied for.
 
Mr. Eppink said the main goal at this point is to receive approval for the outdoor seating.
 
PC-08-15 Amerman moved, Zasuwa seconded, to set a Public Hearing for the May Planning Commission meeting to consider an amendment to the original site plan SP-07-03, Milford House, to review the outdoor seating request of 60 seats.
 
PC-08-16 Goodenow moved, Martin seconded, to amend PC-08-15, to include the review of the request of possible outdoor entertainment. Motion CARRIED
 
PC-08-15 Motion CARRIED
 
Scott McVean, 742 Friar, was present to address Planning Commission about the recent conditional approval that was given to Sherwood Liquor store to construct a new store and gas station. Mr. McVean said he was not in favor of a gas station being located at the site because of the closeness to residential neighborhoods and expressed his safety concerns of air pollution, water contamination, fuel explosions, lighting, hours of operation, what experience the owner has of running a gas station, and home values decreasing. Mr. McVean said the neighbors who were to receive public notice of the rezoning said they did not receive the notification and like himself were not aware of the proposed gas station until they read an article in the Milford Times that conditional approval was received from Planning Commission. Mr. McVean asked what would happen if the applicant did not received approval of the variances that are needed to meet the conditional approval of the site plan.
 
Chairman Heidt said there was a sign posted for the proposed rezoning and that public input is always encouraged. He said the Planning Commission followed the zoning ordinance in conditionally approving the site plan. Chairman Heidt said that if the variances were not granted by the ZBA, the applicant would then have to provide another site plan to Planning Commission.
 
Nicholas Richards, 754 Friar, was present and said that had he been aware of the Public Hearing for the rezoning or of the meeting at which site plan review was being done, he would have been present to voice his concerns. He said he had the same concerns as Mr. McVean.
 
Karen McVean, 742 Friar was present and said that her number one concern was of the wellbeing of her baby. She said she is concerned about fumes, toxins and traffic. She said she felt a little disappointed in the Village and that it appeared that her area had been forgotten about.
 
UNFINISHED BUSINESS
 
Ord., #231, Art. XII, Sec. 94-344 (b), Recreational Vehicle Storage
 
Mr. Lomako reviewed the sample ordinance handout he provided for Recreational Vehicle Storage (on file at Village office).
 
The Commissioners, Mr. Sapelak and Mr. Lomako discussed the proposed handout.
 
J. Phil Harris, 169 Marlene, was present and asked what the definition of a Recreational Vehicle was.
 
The Commissioners discussed the differences between trailer tractors, “turtle” top vans, and RV’s that are used for everyday use. They asked Mr. Lomako to email each of the Commissioners the draft copy of the proposed ordinance handout so they can review it and offer suggestions over the next month and forward comments back to Mr. Lomako at which time he would then provide another draft for Planning Commission review.
 
NEW BUSINESS
 
Zoning Ordinance Compliance With PA 110 of 2006
 
Mr. Lomako said he was asked by Mr. Shufflebarger to review our zoning ordinance to verify that it was in compliance with the Michigan Enabling Act. Mr. Lomako reviewed his letter dated 1/30/08, that included an audit compliance checklist (on file at Village office) with the Commissioners. Mr. Lomako explained that the changes that are necessary could be addressed incrementally over time as preferred by Mr. Shufflebarger.
 
CONSULTANT COMMENTS
 
Mr. Lomako reported that the last Township/Village Master Plan meeting went very well. He said the next Community Forum is in the process of being planned for later this month or early May.
 
ADMINISTRATIVE COMMENTS
 
Discussion – Fences
 
Mr. Sapelak explained that he researched other communities’ ordinances regarding fences. He said he was mostly looking for an idea of what others consider the definition of fences to be.
 
The Commissioners, Mr. Sapelak and Mr. Lomako discussed the different types of fencing and asked that Mr. Lomako provide a draft copy of a language amendment based upon the notes provided by Mr. Sapelak.
 
Mr. Sapelak told the Commissioners that in his letter to Mr. Harris he had invited him to attend the meeting tonight. He said Mr. Harris was sent a letter because of the metal structure he placed in his front yard to cover his recreational vehicle.
 
COMMISSIONER COMMENTS
 
Commissioner Goodenow told the Commissioners that there was nothing new to report on the fire station. He suggested that local developers be sent a copy of the new ordinance language pertaining to Period of Completion.
 
Commissioner Amerman said that some of the trees and other plantings at Kroger have died and need to be replaced.
 
Mr. Sapelak said that he would notify the owner.
 
The meeting adjourned at 10:08 p.m.
 
Nancy Scott, CMC
Milford Village Deputy Clerk
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