| REGULAR MEETING |
NOVEMBER 12, 2009 |
| 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, David Ebert, Gary Goodenow, Craig Johnston, Larry Keef, Timothy Juidici, Bill Serchak, Karen Worrell
ALSO PRESENT
Village Manager, Arthur Shufflebarger; Zoning Administrator, Randy Sapelak; Planning Consultant, Nickolas Lomako; DDA Director, Ann Barnette; James Kovach, Council Member
APPROVAL OF MINUTES
Regular Meeting October 8, 2009
PC-09-54 Worrell moved, Amerman seconded, to accept the minutes of the Regular Planning Commission meeting of October 8, 2009, as presented. Motion CARRIED
CALL TO PUBLIC
Ric Mueller with the Friends of Milford Skate Park, (FOMSP) was present and asked to be placed on the December Planning Commission agenda to make a presentation regarding the proposed skate park.
There was no further comment from the Public.
Chairman Heidt stated that the order of Public Hearings should be changed to address the proposed language amendments to Sec. 94-187, (6) and Sec. 94-188 (7), relating to the B-2 District first, before addressing the proposed language amendments to Sec. 94-158, (4), (5), relating to the 0-1 District.
PUBLIC HEARING
RZ-09-01, Detroit Development, 16-10-227-020, Proposed Conditional Rezoning from B-2 to B-3
Chairman Heidt left the table to eliminate a potential conflict of interest. He is an employee with SSOE.
Mr. Lomako reviewed his letter dated 10/21/09, (on file at Village office). He explained the applicant is seeking conditional rezoning from B-2, Central Business District, to B-3, General Business District. He said the conditions as presented by the applicant would only allow the ability to add a fueling station on the property.
PC-09-55 Goodenow moved, Keef seconded, to open the Public Hearing at 7:40 p.m. Motion CARRIED
The following residents were present to voice their concerns with the requested rezoning: Mark Flint, 476 Village Lane; Barbara Clark, 339 W. Commerce; Ronald Huey, 520 Florence Ct; Geoffrey McDavid, 395 John R; Amar Karrana, 110 S. Milford Rd.
Following were their concerns: There are enough gas stations in the Village of Milford and outside the Village limits. An additional gas station will not add to the aesthetics of the Village. Another gas station would create additional noise and traffic. Truck access. A gas station should not be placed within the Huron Valley Well Head Protection area or within the proximity of wetlands. Creating the possibility of environmental mishaps and contamination to the ground water should not be permitted. A gas station would create a fire hazard. There was no further input from the Public.
PC-09-56 Serchak moved, Keef seconded, to close the Public Hearing at 8:10 p.m. Motion CARRIED
Marc Weinbaum, one of the owners of the property, was present and stated to the Public that it would be necessary for Kroger to go through a number of stringent permitting and planning requirements with both Wade Trim and the State of Michigan, stating that the nature of the regulations on underground storage tanks are now greater than they have ever been. He said that Kroger would be liable for any hazards or spillages that may take place on the site. He stated the significant investment he has on the property and that if there were a massive contamination on the property, it would affect him directly. Mr. Weinbaum said that while no one from Kroger has indicated to him that if a fueling station was not permitted on the site, Kroger would be leaving the Village, it has been his experience with large national “chains”, that when a company comes up with a format, such as Kroger including a fueling station and have decided this is an important part of their growth strategy, they will deploy their capital where they will be permitted to have a fueling station. He explained that it may not mean that Kroger would move from Milford, but it would mean that Kroger would not invest any more money in the shopping center and likely would identify areas outside the Village where a fueling station would be permitted. Mr. Weinbaum asked the Public to look at the south side of the Village where the former Farmer Jack grocery store building has sat vacant for some time. He said that other grocery stores could move into the site for a reasonable price but it is not happening, stating that with challenging times for the state, from a retail stand point, no one is interested in coming to Michigan. He explained that Kroger would be investing roughly $7,000,000.00 on the proposed expansion as well as adding jobs to the community. Mr. Weinbaum said that it is his opinion it is a critical part of the community to have a full service grocery store located downtown. He said that if Kroger were to move out any number of the smaller business at the shopping center would not last longer than a year or eighteen months and they would be gone as well. He told the Public that he appreciated their environmental concerns and promised that no one was more concerned about that than he was.
A member of the Public asked that the Public Hearing be re-opened.
Commissioner Goodenow said that he would prefer to hear comment from Mr. Lomako before considering re-opening the Public Hearing.
The Commissioners agreed.
Mr. Lomako referred to his letter of 10/21/09, providing the findings of fact, which were based upon Wade Trim’s observation of the development pattern, the existing conditions of the area, the long range planning recommendations, the zoning pattern, and other planning related issues. Their conclusion to support the conditional rezoning request was based primarily on point “1.”, of his letter which states, “It would permit the petitioner to seek permission to establish a fueling station under special condition use criteria”. Mr. Lomako said all comments heard tonight regarding environmental impact, truck access, whether or not the market can support another gas station are all valid concerns that the applicant needs to address, but the only way to allow the applicant to address those concerns would be to allow the process to move forward. He further explained that as a special conditional use, the applicant will have to be able to provide a detailed site plan and meet all the requirements of the zoning ordinance, and in addition they will have to address items “a” through “h” of Sec. 94-388, which deal with a lot of the comments made tonight. He said he believes the applicant should be given the opportunity before a full decision has been made.
For Public benefit Mr. Lomako read the standards for approval found in Sec. 94-388, Review and approval of conditional uses, item (d) (1), “a” through “h”. He explained in order to move forward the conditional rezoning would need to be supported.
PC-09-57 Serchak moved, Worrell seconded, to re-open the Public Hearing at 8:26 p.m.
ROLL CALL VOTE
YES – Worrell, Serchak
NO – Goodenow, Johnston, Keef, Juidici, Amerman, Ebert
ABSTAIN – Heidt Motion FAILED
DISCUSSION
Commissioner Goodenow said he understood supporting the rezoning was part of the process, but was not sure he could support a fuel station.
Commissioner Serchak said he thought it was unnecessary to risk our own drinking water supply by allowing a gas station at this site.
Mr. Shufflebarger said that Sec. 94-310, Hazardous substances overlay zone, addresses environmental issues in the wellhead protection area, but does not prohibit development.
Commissioner Johnston said that he felt a gas station at the Kroger site was not needed or necessary and that the only beneficiary would be Kroger and not the entire community.
Commissioner Keef asked about where the water flows.
Commissioner Worrell stated that as Planning Commissioners, the first question for them to address regarding a rezoning would be, “is this the appropriate use for the location”. She said in regard to the requested rezoning tonight, she does not feel that it is.
PC-09-58 Goodenow moved, Ebert, seconded, to recommend to Village Council that conditional rezoning be approved for RZ-09-01, Detroit Development, 16-10-227-020, from B-2 to B-3.
DISCUSSION
Commissioner Goodenow stated that he only made the motion to move the request to Village Council to allow them to make the decision on the rezoning request. Commissioner Worrell said that if the motion fails, the request would not move forward to Council.
PC-09-58
ROLL CALL VOTE
YES – Goodenow, Juidici, Ebert
NO – Johnston, Keef, Worrell, Serchak, Amerman
ABSTAIN – Heidt Motion FAILED
Vice Chairman Amerman called a five minute recess at 8:45 p.m. The meeting resumed at 8:53 p.m.
Chairman Heidt returned to the table.
Proposed Zoning Ordinance Text Amendment, Sec. 94-2, Definitions
PC-09-59 Amerman moved, Worrell seconded, to open the Public Hearing at 8:54 p.m. Motion CARRIED
Mr. Lomako reviewed his letter dated 9/22/09 (on file at Village office).
Chairman Heidt explained that the proposed text amendment to the definitions section of the ordinance was not site specific.
Beverly Smith, 425 Hickory, was present and asked that if by adding the definition for a cultural arts center to the ordinance, would it be specific to any particular zoning district.
Chairman Heidt explained that adding the definition of a cultural arts center would not be zoning specific, but merely added to the existing definitions. He said a cultural arts center, however, would only be permitted within a district that allows such a use.
Mr. Lomako told Ms. Smith that adding a definition of a cultural arts center to the ordinance would not allow one any where.
James Crane, 222 Clinton, attorney representing the Lee Home, stated that he surveyed cultural art centers in other ordinances in Michigan and found them to be non-profit organizations and suggested that the wording also be added to the proposed amendment.
Chairman Heidt asked Mr. Lomako if any of his research found cultural arts centers primarily being non-profit organizations.
Mr. Lomako said no.
Leah Ohmer, Executive Director with the Huron Valley Council for the Arts was present and said that they run for profit events within a non-profit organization.
There was no further input from the Public.
PC-09-60 Amerman moved, Juidici seconded, to close the Public Hearing at 9:00 p.m. Motion CARRIED
The Commissioners agreed they did not have a problem with a cultural arts center being a for profit organization.
PC-09-61 Goodenow moved, Ebert seconded, to recommend to Village Council the approval of the proposed zoning ordinance text amendment adding the definition of a Cultural Arts Center to Sec. 94-2, as defined in Wade Trim letter dated 9/22/09 (on file at Village office). Motion CARRIED
Proposed Zoning Ordinance Amendment, Sec. 94-187, (6), Principal Uses Permitted, Sec. 94-188, (7), Principal Uses Permitted Subject to Special Conditions
Chairman Heidt explained to the Public that the next two Public Hearings are not in relation to any specific site within the Village. He informed the Public that the Commissioners are charged to consider revisions or changes to the ordinance and to consider if a use could be on any site zoned in the Village for a particular type of use.
Commissioner Keef informed the Commissioners that in the past he had been a member of the Board of Directors of the Lee Home, but does not believe there to be a conflict of interest. The Commissioners agreed.
PC-09-62 Amerman moved, Keef seconded, to open the Public Hearing at 9:04 p.m. Motion CARRIED
Commissioner Goodenow for Public benefit explained that when Planning Commission considered a cultural arts center they realized in the B-2, central business district, the zoning ordinance allows theatres, assembly halls, concert halls or similar places of assembly when conducted completely within enclosed buildings as a principal use permitted. It was decided that it made sense to add the above along with a cultural arts center in the B-2 zoning district as a principal use permitted subject to special conditions, which would allow Planning Commission to place other conditions on an approval. He said this amendment is more of a “house keeping” issue.
Mr. Lomako reviewed “Option 2” of his letter dated 9/22/09 (on file at Village office). He explained that the amendment will attempt to re-establish that theatres, concert and assembly halls, along with the new use of a cultural arts center, are permitted as a principal use permitted subject to special conditions in the B-2 district and not a use permitted by right. He explained that a use permitted by right, is a use that if it meets all the specified standards of the zoning ordinance, it has to be allowed by state law and cannot be denied. Mr. Lomako further explained that a special conditional use requires use approval as well as site plan approval, where additional safe guards can be put in place. A use permitted by right only needs to receive site plan approval.
Mr. Crane, speaking for himself, said that he grew up in Milford and has many connections to the Village. He said amending the ordinance to allow uses such as a theatre, assembly, or concert hall, or cultural arts center as a use permitted subject to special conditions is a good move and good restriction to have. He asked that with item “g” of the proposed amendment, would it exclude the Village from charging for parking spaces if they were not provided for by the applicant.
Mr. Lomako said that it would not.
There was no further input from the Public.
PC -09-63 Goodenow moved, Amerman seconded, to close the Public Hearing at 9:18 p.m. Motion CARRIED
PC-09-64 Goodenow moved, Juidici seconded, to recommend to Village Council the proposed zoning ordinance text amendments to Sec. 94-187, (6), Principal Uses Permitted, and to Sec. 94-188, (7), Principal Uses Permitted Subject to Special Conditions as defined in “Option 2”, pages 3 & 4, of the Wade Trim letter dated 9/22/09. Motion CARRIED
Proposed Zoning Ordinance Text Amendment, Sec. 94-158, (4), (5), Principal Uses Permitted Subject To Special Conditions
PC-09-65 Keef moved, Ebert seconded, to open the Public Hearing at 9:21 p.m. Motion CARRIED
Mr. Lomako reviewed Option 1, of his letter dated 9/22/09, (on file at Village office). He explained that the language amendment is similar to that of the previous amendment, but that this amendment would introduce the idea of just a cultural arts center, and not theatres, concert or assembly halls in the 0-1, Office District, as a principal use permitted subject to special conditions. If the amendment is adopted, it would allow the applicant to submit a request to Planning Commission to consider whether or not a cultural arts center would be appropriate on office zoned property. The applicant would have to meet the criteria as written in the amendment as well as meeting the criteria for conditional uses.
The following people were present to voice their opposition with the proposed amendment: James Crane, Attorney representing the Lee Home; Beverly Smith, 425 Hickory; Mary Lou Gharrity, 510 Union; Barbara Clark, 339 W. Commerce; Patricia Foley, 634 Sweetbriar; Hugh Morris, 606 Hickory; Deborah Applebee, 500 Liddel, Assistant Administrator of Lee Homes; Joann O’Donnell; John Rogers, 3101 Sands Ct.
Following were their concerns: The O-1 District is intended primarily for daytime uses. A cultural arts center would tend to have evening uses. Allowing a cultural arts center would destroy the tool of the O-1 District. A cultural arts center would take away the buffer zone between the office district and residential. A cultural arts center does not belong in the office zoning district. An ordinance should not be changed to allow a use that will bring a few extra tax dollars to the Village. Additional noise and traffic created by the patrons of a cultural arts center would be a nuisance to the adjoining neighbors. A liquor license should not be permitted for a cultural arts center. A cultural arts center should be designated as a non-profit organization. A cultural arts center should be publicly owned. The YMCA and the library should be regarded as cultural arts centers. 100 signatures were received in opposition of a cultural arts center being located at 219 E. Commerce. The Lee Home, located at 215 E. Commerce, a group home for disabled women should be protected. The women at the Lee Home will not be able to adapt to loud music or other activities that may take place at 219 E. Commerce if a cultural arts center is permitted at the site in the O-1 District.
The following people were present to voice their support of the proposed amendment: Mark Flint, 476 Village Lane; Melanie Sword, 3230 W. West; Leah Ohmer, Director, Huron Valley Council For the Arts; Susan Pugliese, 7075 Willowing Oaks, White Lake; Susan Gallon, 251 Hill, Director, Village Fine Arts Association; William Spurgeon, 505 Adil Ct.
Following were there comments: A cultural arts center would benefit and bring something valuable to the community. Activities that take place at a cultural arts center typically are low impact, without hard rock music. Having a place to take children to learn about the arts would be an asset to the community. People of the arts are creators and not destroyers who give back to the community. Being able to use a historic building for a cultural arts center would be an enhancement to the community.
There was no further comment from the Public.
PC-09-66 Keef moved, Johnston seconded, to close the Public Hearing at 10:15 p.m. Motion CARRIED
DISCUSSION
Commissioner Johnston stated that the building at 219 E. Commerce has been in existence since 1901. When being used for its original intent, the hours would have been outside those of a normal business day. He said he did not see a big change from how the building was first used to how it would be used if it were designated as a cultural arts center.
Commissioner Worrell stated that most O-1 Zoned property in the Village adjoins residential and said the Zoning Ordinance and Master Plan are meant to be changed and that the community cannot be “closed minded” to change.
Commissioner Amerman clarified that rezoning property is not a part of the discussion.
Commissioner Goodenow stated that he had no problem with adding a cultural arts center to the O-1 District and believed that it would be a reasonable use for the office district.
Chairman Heidt stated that he would not want an intensive use in the office district. He said he could see allowing a cultural arts center in the office district, provided that the definition of a cultural arts center was upheld.
Commissioner Worrell said she believed that with the special use criteria that would need to be met the intensity of the use would be kept to a minimum. She said this is an opportunity with a little faith and trust to bring something good to the community.
Commissioner Ebert said he believed a cultural arts center would enhance the community.
PC-09-67 Goodenow moved, Ebert seconded, to recommend to Village Council the proposed zoning ordinance text amendments to Sec. 94-158, (4), and (5) Principal Uses Permitted Subject to Special Conditions as defined in “Option 1”, pages 1 & 2, of the Wade Trim letter dated 9/22/09.
ROLL CALL VOTE
YES – Johnston, Keef, Juidici, Worrell, Amerman, Heidt, Goodenow
NO – Serchak Motion CARRIED
Commissioner Goodenow said that he would go to Council on behalf of the Planning Commission when the proposed amendment is on their agenda to answer any questions if necessary.
UNFINISHED BUSINESS
Proposed Zoning Ordinance Text Amendment, Sec. 94-344, Recreational Vehicle Storage Requirements
PC-09-68 Goodenow moved, Amerman seconded, to set a Public Hearing for the 12/10/09, Planning Commission meeting for the proposed zoning ordinance text amendments to Sec. 94-344, Recreational Vehicle Storage Requirements based upon the Wade Trim draft of 10/8/09, (on file at Village office). Motion CARRIED
NEW BUSINESS
Set Public Hearing – Proposed Zoning Ordinance Text Amendments Resulting From PA 100 of 2006 (Michigan Zoning Enabling Act), Installments 1-6
PC-09-69 Keef moved, Amerman seconded, to set a Public Hearing for the 12/10/09, Planning Commission meeting for the proposed zoning ordinance text amendments resulting from PA 100 of 2006, (Michigan Zoning Enable Act), Installments 1-6. Motion CARRIED
Chairman Heidt stated that if it was the desire of the Commissioners to have Council review the rezoning request of Detroit Development, another motion would need to be made.
PC-09-70 Serchak moved, Worrell seconded, to recommend to Village Council that conditional rezoning be denied for RZ-09-01, Detroit Development, 16-10-227-020, from B-2 to B-3.
ROLL CALL VOTE
YES – Johnston, Keef, Worrell, Serchak, Amerman, Ebert
NO – Goodenow, Juidici ABSTAIN – Heidt Motion CARRIED
CONSULTANT COMMENTS
Mr. Lomako commended the Commissioners on a good meeting and great Public Hearings.
ADMINISTRATIVE COMMENTS
Mr. Shufflebarger informed the Commissioners that the Village is actively reviewing budget expenditures and asked that any requests for services that the Planning Commission may have, should first be made to Village Administration before taking them to the Planning Consultant. He also explained that training and travel expenses would need to be reviewed and stated that a memo would be directed to Planning Commission providing them with different scenarios that may arise.
Mr. Sapelak informed the Commissioners that he saw a preliminary plan from Dave Borlace, pertaining to the extension of the deck he is hoping to construct at his building located at 449 N. Main, the former O’Callaghan’s. Mr. Sapelak stated that the plan did not contain enough information, but expected Mr. Borlace to be before the Commission within the next couple of months.
COMMISSIONER COMMENTS
Commissioner Johnston asked Mr. Lomako for clarification on PA 33 of 2008, Section 61, referring to streets, public way, open space and structures, and specifically to Council’s ability to overturn a decision made by Planning Commission with a 2/3 vote.
Commissioner Goodenow stated that he was glad that Mr. Mueller will be coming before Planning Commission with a presentation. He said he believed the ordinance has language in place that would allow Planning Commission to say no to the proposed location of the skate plan if Planning Commission collectively felt it does not belong where it is being proposed. Commissioner Goodenow said he believed it would be in the best interest of the community to have the skate park located near the YMCA.
Commissioner Juidici asked Mr. Shufflebarger when he expected the proposed language amendments that were recommend for approval to be on the Council agenda.
Mr. Shufflebarger said that he expected the amendment to the definitions to be on an upcoming agenda, but he would not be at the second meeting in December and thought the other amendments to the B-2, and O-1 District would not be on the agenda until sometime in January.
ADJOURN
The meeting adjourned at 10:55 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
