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, Karen Worrell

 

ABSENT

 

Commissioners Larry Keef, Bill Serchak

 

ALSO PRESENT

 

Village Manager, Arthur Shufflebarger; Planning Consultant, Nickolas Lomako; DDA Director, Ann Barnette

 

APPROVAL OF MINUTES

 

Regular Meeting September 10, 2009

 

PC-09-48 Amerman moved, Johnston seconded, to accept the minutes of the Regular Planning Commission meeting of September 10, 2009, as presented. Motion CARRIED

 

CALL TO PUBLIC

 

There was no comment from the Public.

 

UNFINISHED BUSINESS

 

Proposed Zoning Ordinance Text Amendment, Sec. 94-158 (4), (5), Principal Uses Permitted Subject to Special Conditions, Sec. 94-2, Definitions

 

Chairman Heidt explained for Public benefit he would not allow time for Public comment at tonight’s meeting because he has allowed comment from the Public at the prior two meetings.  He said that if a Public Hearing was scheduled, the Public would have the opportunity to comment at the Public Hearing.

 

Mr. Lomako reviewed the language amendment from his letter dated 9/22/09, (on file at Village office), explaining that Option #1, would be an amendment to the Office District Regulations, that would allow a cultural arts center as a special condition use. Option #2, would be an amendment to the B-2 Business District Regulations that would include a cultural arts center, concert hall and theatre as a special condition use. He explained to the Commissioners that they could set a Public Hearing for either of the two options provided or set a Public Hearing for both of the options presented in the language amendment.

 

PC-09-49 Goodenow moved, Juidici seconded, to set a Public Hearing for Option #2, as specified in the Wade Trim letter dated 9/22/09, for the November 12, 2009, meeting. Motion CARRIED

 

PC-09-50 Goodenow moved, Amerman seconded, to set a Public Hearing for Option #1, as specified in the Wade Trim letter dated 9/22/09, for the November 12, 2009 meeting. Motion CARRIED

 

PC-09-51 Goodenow moved, Ebert seconded, to set a Public Hearing for the revisions to Sec. 94-2, Definitions as specified in the Wade Trim letter dated 9/22/09, for the November meeting. Motion CARRIED

 

NEW BUSINESS

 

SP-09-03, Kroger Corp., 16-10-227-020, 670 Highland, Proposed Addition & Fueling Station

 

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

 

Marc Weinbaum, owner of the Prospect Hill property, was present and explained that Kroger would like to expand the current store into space currently occupied by Radio Shack and also the former space occupied by Fashion Bug as well as constructing an additional 3,000 square feet to the rear of the building. He said the parking lot, lighting, and landscaping would be redone as well.

 

Damon Garrett, SSOE, Inc., Troy, was present to answer any questions from the Commissioners. He said that all items from the Wade Trim review letter from Mr. Lomako dated 9/29/09, (on file at Village office), have been met on the revised site plan dated 10/6/09, (on file at Village office).

 

Mr. Lomako explained that there are two phases to the project; the first phase addresses the expansion of the store and the pharmacy kiosk. The second phase addresses the proposed fueling station. He said that his review letter is based only on phase one of the project.

 

The Commissioners, Mr. Lomako and Mr. Garrett, went through each of the items of the review letter and also discussed signage, and landscaping.

 

Mr. Weinbaum said the landscaping would be returned to what was approved on the original site plan, using Pear trees where necessary and the islands would be irrigated.

 

PC-09-52 Ebert moved, Worrell seconded, to approve SP-09-03, Phase 1 activities, whereas Planning Commission has accepted an 80% ratio to calculate usable floor area and whereas the Planning Commission has found the location of the kiosk to be consistent with Sec. 94-302 b, Planning Commission conditionally approves SP-09-03, Phase 1 activity as revealed on drawings dated 10/6/09, subject to the following two conditions:

1. Landscaping will be installed consistent with the original approval, noting that Bradford Pear trees are intended by the applicant; and

2. The sidewalk improvements shall be conducted consistent with the recommendations of Village Administration. Motion CARRIED

 

Chairman Heidt returned to the table.

 

Proposed Zoning Ordinance Text Amendments Resulting From PA 110 of 2006 (Michigan Zoning Enabling Act) Installment 6, New Definitions, State Licensed Residential Facilities, Group Child Care Home, and Fine Arts Exemption Requirements

 

Mr. Lomako reviewed the proposed amendments to the zoning ordinance that are necessary as a result of PA 110 of 2006 included in his letter dated 9/9/09 (on file at Village office). He said this would be the last installment. Mr. Lomako said he would prepare a bound packet of each of the installments for review at the next meeting.

 

DISCUSSION

 

Conditional Rezoning for Prospect Hill

 

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

 

Mr. Weinbaum told the Commissioners he has been working on coming up with what would be the best way to allow a fuel station at Kroger’s, whether it would be best to seek a variance or ask for the property to be rezoned. He said he determined to seek conditional rezoning based upon his letter dated 9/29/09 (on file at Village office).

 

Mr. Lomako said that conditional rezoning is a wonderful device and useful tool that would give the Planning Commission the greatest control of the property and would not prevent the Village from changing the contract down the road if necessary. Mr. Lomako said he would provide for the November meeting what would actually be permitted on the site if the conditional rezoning was approved as proposed.

 

PC-09-53 Johnston moved, Goodenow seconded, to set a Public Hearing for the November 12, 2009, meeting for the proposed conditional rezoning of Prospect Hill, 16-10-227-020, from B-2 to B-3. Motion CARRIED

 

Chairman Heidt returned to the table.

 

Skate Park Location

 

Commissioner Goodenow told the Commissioners that he had attended the DDA meeting last month and found out that the Friends of Milford Skate Park were intending to seek approval from Council to build the proposed skate park on approximately three acres of Huron Clinton Metro Park Authority property, on the south side of the river, near Pet Supplies Plus. He reminded the Commissioners that the group came before Planning Commission about two years ago and talked to them about placing the skate park near the YMCA/Library on W. Commerce and Planning Commission agreed that W. Commerce would be a good location for the skate park. Commissioner Goodenow said he attended the Council meeting on Monday night, 10/5/09, and asked Council to postpone approval on the location and asked that the Friends of Milford Skate Park, appear before Planning Commission with a presentation so Planning Commission could have the opportunity to discuss other site locations. He said it has always been a priority of Planning Commission to keep the proposed location as park land. He said however, the Council vote was unanimous to approve the location of the skate park as proposed.

 

Commissioner Goodenow said that he could not approve a site plan at that location if one was brought before Planning Commission for the skate park. Commissioner Goodenow referenced Sec. 94-281 (2) and (4) stating that he believed a skate park in the proposed location would not comply with those sections. Commissioner Goodenow said the Friends of Milford Skate Park would be holding a meeting on 10/15/09, at 7:30 p.m. at the American Legion Hall and asked that Planning Commission attend if interested. He said he did not believe the proposed location was the proper place for a skate park.

 

Mr. Shufflebarger said that any plan will have to come before Planning Commission but typically the Planning Commission generally sees a project as it is proposed to exist which involves where it will be located. He said making a presentation for a project without a site would not make sense and he does not see how the group could move forward with their project without having some expectation of what site they would have access to.

 

ADMINISTRATIVE COMMENTS

 

Mr. Shufflebarger reported that Council did not approve the proposed amendment to Outdoor Recreational Vehicle Storage, but returned it to Planning Commission to have them remove any reference to front yard storage and change the amount of time that a recreational vehicle can be used as a temporary dwelling to up to seven days with a permit from the Zoning Administrator.

 

Planning Commission agreed to removing any reference to front yard storage and to change the amount of time a recreational vehicle can be used as a temporary dwelling, to three days without a permit and for an extended period not to exceed seven days provided a permit has been received by the Zoning Administrator.

 

Mr. Lomako said he would revise the ordinance as requested and bring the revision to the November meeting for review.

 

COMMISSIONER COMMENTS

 

Chairman Heidt acknowledged the packet provided by the Building Official, Randy Sapelak regarding wind energy.

 

Mr. Lomako said he would provide to the Commissioners a sample of proposed ordinances for other communities.

 

ADJOURN

 

The meeting adjourned at 9:25 p.m.

Nancy Scott, CMC

Milford Village Deputy Clerk