| REGULAR MEETING |
JULY 10, 2008 |
| PLANNING COMMISSION |
1 - 1 |
The meeting was called to order by Chairman Heidt at 8:30 p.m. A quorum was present.
PRESENT
Chairman John Heidt; Commissioners Gary Goodenow, Larry Martin, Peter Murad, Stanley Zasuwa
ALSO PRESENT
Building Official Randy Sapelak; Planning Consultant Nick Lomako
ABSENT
Commissioners Kathy Amerman, Craig Johnston, Larry Keef, Karen Worrell
APPROVAL OF MINUTES
Regular Meeting June 12, 2008
PC-08-28 Zasuwa moved, Martin seconded, to accept the minutes of the regular Planning Commission meeting of June 12, 2008, as presented. Motion CARRIED
CALL TO PUBLIC
There was no response from the Public.
Chairman Heidt asked that Unfinished Business be moved to the end of the agenda and elections for Chairman and Vice-Chairman be moved to the end of Unfinished Business.
NEW BUSINESS
SP-08-02, MacDonell Associates Architects, 16-11-204-031, 1330 E. Commerce, Proposed New Liquor Store & Retail Tenant Spaces
Craig MacDonell, Architect, 312 E. Liberty and Ramzy Karmo, owner, 1330 E. Commerce were present to answer any questions from the Commissioners.
The Commissioners, Mr. Lomako and Mr. MacDonell went through the outstanding items in the review letter from Mr. Lomako dated 7/1/08, (on file at Village office).
The Commissioners further discussed truck maneuvering, landscaping and lighting details. The Commissioners encouraged the applicant to use maintenance free material on the back side of the building which is visible to the adjacent neighbors. It was also suggested that a ramp be installed on the west side of the front walk for hand truck accessibility. Mr. MacDonell said they are planning on using solid cylinder lighting to provide downward and upward lighting on the building. He said he would submit a “cut sheet” to verify that the lighting will be soft.
PC-08-29 Goodenow moved, Zasuwa seconded, to grant conditional approval to SP-08-02, with items 1, 3, 4, 5 & 6 to be corrected as identified in Wade Trim letter dated 7/1/08 (on file at Village office). Also that Planning Commission waive the screened loading requirement and approve the loading zone as shown in the site plan. Item 8 of Wade Trim letter is irrelevant since the will not be a changeable copy sign per the applicant and the note should be removed from the site plan. The final lighting will be subject to administrative review and a note of compliance to Sec. 94-356 will be added to the drawing. The brick face as shown on the retaining wall on sheet L8-01 of the site plan will extend all the way to grade.
DISCUSSION
Chairman Heidt asked the Commissioners if a recommendation should be made in the motion on the 2’ wide concrete bumper to the adjacent property line.
Commissioner Zasuwa said the necessary variances should be included in the motion.
PC-08-30 Goodenow moved, Zasuwa seconded, to amend PC-08-29, to include that the applicant must seek and obtain two variances, one for a rear yard setback and one for a side yard setback on the easterly side. The site plan should also be revised to provide a 2’ concrete curb along the parking spaces adjacent to the east property line. Motion CARRIED
PC-08-29 Motion CARRIED
SITE PLAN EXTENSIONS
SP-04-012, Tumbling Waters
Mr. Sapelak read his letter dated 6/25/08, (on file at Village office).
Thomas Welsh, Developer, P.O. Box 583, Milford, and John Grissim, Architect, Grissim Metz, 300 E. Cady, Northville were present. Mr. Welsh stated that he is planning on moving forward with the development at some point and would like to see the site plan extended. He explained that substantial funds were spent on engineering and he would not be in favor of going through the process again. He said with the current economy there is no demand. He said that his Pondview Development is moving along with only two units left to sell. Mr. Welsh said it seemed to him that the new ordinance encouraged developers to start projects and then to leave them unfinished. He said he didn’t believe the Village would want empty houses sitting vacant. Mr. Welsh said he felt as though he was being punished twice, first with the situation of the economy and again with the new ordinance. He said it didn’t make sense to him to run utility lines only to placate the ordinance.
The Commissioners, Mr. Welsh, Mr. Grissim and Mr. Lomako discussed the fact that the approval to use the cluster option on the property would remain in affect, but a new site plan would have to meet new ordinance standards.
Mr. Welsh said he felt they did the right thing by not starting the project.
Mr. Grissim said that there has to be some compassion and they as developers never envisioned the economy to be where it is currently.
Chairman Heidt said that Planning Commission could not be expected to dismiss the current ordinance and wait for a development to take place when the developer has time. He explained that if they approved a site plan and then the developer didn’t develop the site until four or six years later, the surrounding area could change drastically over that amount of time from what was originally approved. He said Planning Commission as a body cannot make an exception to the ordinance.
Mr. Welsh suggested a provision be put in the ordinance to have the circumstances within the neighborhood be reviewed and if there are no changes at the time the site plan is to be renewed, consider the ordinance that was in place at the time of approval and extend the site plan. He said he would not have a problem with having the site plan reviewed again and understands that permits through Oakland County have expired and need to be renewed, but he does not want to loose the $75,000 invested in engineering or the 20 units the plan was approved for.
PC-08-31 Goodenow moved, Zasuwa seconded, to deny an extension of SP-04-12, Tumbling Waters, based on ordinance language of Sec. 94-386 (i) (a). Motion CARRIED
SP-03-06, Singh Development
Mr. Sapelak read his letter dated 6/25/08, (on file at Village office) in which it stated a letter from Singh Development was received (on file at Village office) stating the project had been cancelled.
PC-08-32 Zasuwa moved, Goodenow seconded, to deny an extension of SP-03-06. Motion CARRIED
SP-04-01, South Hill Church
Mr. Sapelak read his letter dated 6/26/08, (on file at Village office).
Phil Magaluk, representative for South Hill Church was present and stated that the project is expected to be completed within a couple of months.
PC-08-33 Goodenow moved, Martin seconded, to approve SP-04-01 for a one year extension to expire on 6/30/09. Motion CARRIED
SP-05-01, Huron River Office Center
Mr. Sapelak read his letter dated 6/26/08, (on file at Village office). He explained that while no physical work was done on the site. The developer did have the utilities run under the railroad track to the property.
The Commissioners agreed that improvements pertaining to a site plan do not necessarily have to be done on site.
PC-08-34 Martin moved, Zasuwa seconded, to approve SP-05-01 for a two year extension to expire on 6/30/10. Motion CARRIED
SP-05-02, Edison Substation
Mr. Sapelak read his letter dated 6/26/08, (on file at Village office).
PC-08-35 Goodenow moved, Martin seconded, to approve SP-05-02 for a two year extension to expire on 6/30/10. Motion CARRIED
SP-05-07, 815 N. Milford Road/Heyn Properties
Mr. Sapelak read his letter dated 6/27/08, (on file at Village office). He stated that this site has had a change of ownership and explained that the rezoning agreement had a deadline of 5/25/08, for certain improvements to have been completed. He said as of this date, nothing has been done at the site. Mr. Sapelak said he wasn’t sure that the new owner of the property Jeff Heyn, has the same intentions for the property as the previous owner.
Chairman Heidt explained that at this time the only option Planning Commission has is to either deny the site plan or postpone decision on the extension request to allow the owner time to have the rezoning contract extended.
The Commissioners discussed that as well as the rezoning contract being invalid, no improvements have been made for the project either on or off site.
PC-08-36 Zasuwa moved, Martin seconded, to deny an extension to SP-05-07.
DISCUSSION
Commissioner Goodenow asked if it should be noted in the motion the reason for the denial.
PC-08-37 Goodenow moved, Zasuwa seconded, to amend PC-08-36, to include the reason of denial is based on Sec. 94-386 (i) (a). Motion CARRIED
PC-08-36 Motion CARRIED
SP-06-03, River Park Village
Mr. Sapelak read his letter dated 6/30/08 (on file at Village office).
PC-08-38 Goodenow moved, Martin seconded, to approve SP-06-03, for a one year period to expire on 6/30/09. Motion CARRIED
SP-06-08, Milford Park Place
Mr. Sapelak read his letter dated 6/24/08, (on file at Village office).
Commissioner Goodenow asked if the site plan covered all of the renovations at the site.
Mr. Sapelak said only exterior renovations are covered within the site plan. All others would be through the building permit.
PC-08-39 Zasuwa moved, Martin seconded, to approve SP-06-08, for a one year extension to expire on 6/30/09. Motion CARRIED
SP-06-10, Beauty Salon
Mr. Sapelak read his letter dated 6/30/08, (on file at Village office).
PC-08-40 Martin moved, Goodenow seconded, to approve SP-06-10, for a one year extension to expire on 6/30/09. Motion CARRIED
UNFINISHED BUSINESS
Ord., 231, Art. XII, Sec. 94-344 (b), Recreational Vehicle Storage
Mr. Lomako reviewed the changes made to the ordinance from the last meeting, dated 6/13/08 (on file at Village office).
The Commissioners agreed that 4 (d) 2, of Wade Trim draft, should be removed from the amendment. An attempt will be made to send a copy of the proposed language amendment to those who may be affected by the change.
PC-08-41 Goodenow moved, Martin seconded, to set a Public Hearing for the August 14, 2008 meeting, with the elimination of 4 (d) 2 from the proposed language in the Wade Trim draft. Motion CARRIED
Ord. 231, XII, Sec. 94-354, Fences, 94-2 Definitions
The Commissioners discussed the language amendment and agreed to change the language in item 1) c., from, “The fence shall not extend toward the front lot line nearer than the front of the house (front yard setback) to “The fence shall not extend toward the front lot line nearer than the front of the house or front yard setback, whichever is greater.
Mr. Sapelak said he isn’t sure how he will handle enforcing item 3) of the revised language amendment, but likes the ordinance as written.
Election, 2008 – 2009 Chairman & Vice-Chairman
PC-08-42 Goodenow moved, Martin seconded, to nominate and elect John Heidt as Chairman for 2008 – 2009. Motion CARRIED
PC-08-43 Zasuwa moved, Goodenow seconded, to nominate and elect Kathy Amerman as Vice-Chairman for 2008 – 2009. Motion CARRIED
ADMINISTRATIVE COMMENTS
Mr. Sapelak said that Papa Romano’s may be before Planning Commission in the future with a plan for an expansion to their restaurant.
He also reported that the Fire Department will be seeking approval from Village Council for 25’ of park land to be able to expand their facility at its current location. Mr. Sapelak said Fire Departments are not an allowable use in a residential neighborhood and suggested it might be a good idea for Planning Commission to start reviewing the ordinance language. He said that he and Mr. Lomako could start the review and try to have something for the next meeting.
COMMISSIONER COMMENTS
Planning Commission agreed that the Fire Department had chosen a good site for the addition to their facility.
Commissioner Goodenow said he liked the new DDA “way finding” signs. He asked Mr. Sapelak who needed to be contacted about a tree growing on the property of Network One on N. Milford Rd. that has become an obstruction of vision to traffic pulling out of Rite Aid.
Mr. Sapelak said he would look into it and contact the business owner.
ADJOURN
The meeting adjourned at 11:35 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
