Planning Commission

   

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, David Ebert, Gary Goodenow, Craig Johnston, Timothy Juidici, Larry Keef, Bill Serchak, Karen Worrell

 

ALSO PRESENT

 

Zoning Administrator, Randy Sapelak; Planning Consultant, Nickolas Lomako; DDA Director, Ann Barnette

 

APPROVAL OF MINUTES

 

Regular Meeting August 13, 2009

 

PC-09-45 Keef moved, Johnston seconded, to accept the minutes of the Regular Planning Commission meeting of August 13, 2009, as amended:

Page 1-3, under Commissioner Comments, “…Rite Aid stores closing.” add “…Rite Aid stores closing in other communities.” Motion CARRIED

 

CALL TO PUBLIC

 

Chris Rogers, Real Estate Manager for Kroger, Damon Garrett, SSOE, and Dave Wienczak, Engineering Consultant for Kroger, were present.

 

Chairman Heidt left the table to eliminate a potential conflict of interest. He is an employee with SSOE.

 

Mr. Rogers told the Commissioners that Kroger was planning on expanding their store to 71,000 square feet, located at the Prospect Hill Shopping Center. He stated that his reason for coming before Planning Commission tonight is to inform the Commissioners of their desire to add a fuel station with the expansion and ask if it could be considered as an accessory use. He explained that the fuel station would not be a convenience store but would have a kiosk where an employee would take payments and only sell candy, gum and cigarettes.

 

Mr. Garrett showed the Commissioners an example of the proposed elevations for the fueling station, noting the predominant materials would be brick. He said mature hedges of 4’ or 5’ would replace the existing pine trees to screen headlights from shining into the Medilodge facility across the street. Hours of operation would be similar to those of Kroger, opening a half hour later and closing a half hour prior to the store hours. The trash would be collected and taken into the store at the end of each day.

 

Mr. Lomako explained to the Commissioners that the critical issue before the Commissioners is whether or not a fueling station can be treated as an accessory structure to Kroger and also to determine if a fueling station is customarily found with a supermarket, noting that Meijer, Costco and Safeway stores have fueling stations.

 

Marc Weinbaum, owner of the property was present and told the Commissioners that he was in support of the expansion. He explained that he knew the fueling station is a big component to the expansion and to the Kroger Corporation.

 

Ms. Barnette said she didn’t like the idea of a fueling station being considered as an accessory structure and didn’t believe the proposed station at Kroger could be compared with those at Costco or Walmart.

 

The Commissioners, Ms. Barnette and Mr. Lomako discussed the idea of the fueling station being an accessory structure in the Central Business district and what type of consequences may rise. They also discussed the idea of rezoning the property to B-3, General Business District, where a fueling station would be permitted as a special use and also discussed a language amendment to the B-2, Central Business District, to allow a fueling station as a special conditional use.

 

Commissioner Serchak said that he would not be in support of a fueling station located within the Wellhead Protection Zone.

 

Mr. Lomako along with the help of Ms. Barnette said he would draft a language amendment for the B-2 District.

 

PRESENTATION

 

219 E. Commerce

 

Alexander Zonjic, Recording Artist, was present to speak to the Commissioners about having a cultural arts center located at 219 E. Commerce. He said he found the stone church and the Village to be very charming and the ideal location to have a place for education during the week and live performances on the weekend. He said he attended the meeting last month and was surprised by what others thought he had planned for the building. He said he has no intentions of the building being used for a bar or restaurant where people would “hang” out, but would anticipate the cultural center to become a world class facility for the performing arts and bring people to Milford from all areas. He said the facility would not be a working restaurant but would have catering prep areas for those who would use the facility for special events such as a wedding. Concerning the live performances, Mr. Zonjic explained he would want nothing less than a state of the art facility where musicians would perform classical, jazz and gospel music and where students could attend workshops during the week. He addressed concerns heard at the last meeting regarding the types of performances that would be allowed and stated that the nature of performances held will indicate the nature of the audience. He said he believed this type of facility would enhance the Village and promote local restaurants. He continued to explain that he believed there would be minimal sound coming from the live performances because it would be their intent to in part, use the acoustics that exist in the building. He said he would expect the performances to draw 150 people for each performance with two performances on both Friday and Saturday nights. He would expect the performances to be over by 11:00 p.m. Because he would hope to also be able to allow the facility to be used for catered events, a liquor license would be necessary.

 

Chairman Heidt stated that he thought the idea of a cultural arts center was a good one and thanked Mr. Zonjic for clarifying the intentions for the building. He explained however, that feedback from the public would be necessary because of the impact this type of facility may have on the community.

 

James Crane, 113 S. Washington, Ypsilanti, was present on behalf of the owners of the Lee Home located at 215 E. Commerce. He said the type of use being discussed does not fit the intent of the O-1, Office District and would deteriorate the neighborhood.

 

Mr. Lomako said that there are some instances where private clubs or specialty uses are permitted in the O-1, Office District.

 

UNFINISHED BUSINESS

 

 

Mr. Lomako reviewed the language amendment from his letter dated 8/24/09 (on file at Village office).

 

The Commissioners and Mr. Lomako specifically discussed item “h” of the proposed amendment and whether it would be fitting in the O-1 district. They discussed how to retain intimacy without limiting the number of seats allowed in a cultural arts center. They also discussed rezoning the property located at 219 E. Commerce.

 

Commissioner Goodenow stated that perhaps consideration should be given to rezoning the north side of Commerce Street to B-2.

 

Mr. Crane stated that the church is not in the special parking district.

 

Commissioner Worrell asked that Mr. Lomako provide a list of other sites in the O-1 district where other cultural art centers may be permitted if the language were to be amended.

 

PC-09-46 Amerman moved, Serchak seconded, to postpone action on the proposed zoning ordinance text amendment to Sec. 94-158 (4) (5), principal uses permitted subject to special conditions until the October meeting to permit a modification to item “h”. Motion CARRIED

 

CONSULTANT COMMENTS

 

Mr. Lomako asked the Commissioners to review the language he placed before them tonight regarding the proposed zoning text amendment resulting form PA 110 of 2006, installment 6, pertaining to new definitions, state licensed residential facilities, group child care home and fine arts exemption requirements.

 

ADMINISTRATIVE COMMENTS

 

Mr. Sapelak reported that he heard from the owner of the former O’Callaghan’s site, Dave Borlace, who wishes to extend the upper deck on the back of the building, believing it would add to the marketability of the site. Mr. Sapelak said he thought extending the deck would partially block property to the south and it would also increase the number of outdoor seats. He said it is possible Mr. Borlace would be before Planning Commission at the October meeting.

 

Mr. Sapelak also reported that an application has been submitted for the next ZBA meeting for an applicant who is seeking a temporary use variance to sell Christmas trees in the parking lot directly behind the law office of Janet Kinzinger. He said it is necessary to have an endorsement from Planning Commission before the applicant goes before the ZBA. Mr. Sapelak explained that the use would be for no more than 30 days and not be open after 8:00 p.m. He said the applicant has been told he will need a letter from both the Fire and Police Departments and will need to address any concerns they may have prior to the ZBA meeting.

 

Commissioner Worrell suggested that the applicant be sure they have the right to cross back and forth over the parking lot north of the site to access the lot used for the trees.

 

PC-09-47 Amerman moved, Ebert seconded, to recommend consideration of the temporary use variance request by the ZBA.

 

DISCUSSION

 

Commissioner Goodenow asked about including the time limit in the motion. It was determined that this information is noted on the application.

 

PC-09-47 Motion CARRIED Worrell ABSTAIN

 

COMMISSIONER COMMENTS

 

Commissioner Goodenow reported that the outdoor recreational vehicle storage amendment was not on the Council agenda for their last meeting but was expected to be on the agenda for their 9/21/09 meeting.

 

ADJOURN

 

The meeting adjourned at 10:12 p.m.

 

Nancy Scott, CMC

Milford Village Deputy Clerk