Planning Commission

   

The meeting was called to order by Vice Chairman Amerman at 7:30 p.m. A quorum was present.

 

PRESENT

 

Vice Chairman Kathy Amerman; Commissioners, David Ebert, Gary Goodenow, Craig Johnston, Larry Keef, Timothy Juidici, Bill Serchak, Karen Worrell

 

ABSENT Chairman John Heidt

 

ALSO PRESENT

 

Village Manager, Arthur Shufflebarger; Zoning Administrator, Randy Sapelak; Planning Consultant, Nickolas Lomako; DDA Director, Ann Barnette; DDA Member, Dale Feigley; Parking Authority, Richard Harrison; Councilmember Jennifer Frankford

 

APPROVAL OF MINUTES

 

 

PC-10-01 Keef moved, Goodenow seconded, to accept the minutes of the Regular Planning Commission meeting of December 10, 2009, as amended:

Page 1-1, 6th paragraph, second line “…in a year and if it was a surprise to him that there were so many environmental concerns”. Change to “…in a year. Mr. Rogers was caught off guard by the environmental concerns”.

Page 1-2, 3rd Paragraph, Remove “Commissioner Johnston asked if an example of having a fuel station in an environment similar to the Village that has been in place for longer than five years could be provided. Mr. Rogers said he could not provide an example”. Motion CARRIED

 

CALL TO PUBLIC

 

There was no comment from the Public.

 

PUBLIC HEARING

 

RZ-09-01, Detroit Development, 16-10-227-020, Proposed Conditional Rezoning from B-2 to B-3

 

PC-10-02 Goodenow moved, Keef seconded, to open the Public Hearing at 7:34 p.m. Motion CARRIED

 

William Curry, Program Engineer with SSOE was present and gave a presentation (on file at Village office) to the Commissioners and Public addressing environmental concerns that were voiced during the 11/12/09 meeting.

 

Barbara Clark, 339 W. Commerce, was present to state her opposition to the rezoning request due to environmental concerns. She also asked what new information was received that has allowed Kroger the opportunity of having a second Public Hearing. She questioned why there wasn’t a letter in the file authorizing Marc Weinbaum to act on behalf of the owner.

 

Mr. Weinbaum stated that he signed the application and said that the letters he has submitted have been on behalf of the Prospect Hill Group, which he owns.

 

Mr. Lomako stated that he believes Detroit Development and Prospect Hill Group, LLC, are one and the same and does not believe there is a dispute as to who the applicant is.

 

James Crane, 222 Clinton, was present and stated he was looking forward to a new fuel station made with new modern technology.

 

Kenneth Clark, 339 W. Commerce, was present to state his opposition to the rezoning request due to environmental concerns, traffic concerns, setting a precedence for others to request a rezoning, the number of gas stations already located in the Village and questioned why it is necessary for Kroger to make this change.

 

Mr. Lomako explained for Public benefit that granting the conditional rezoning would keep what is permitted in the B-2 District in place with the one exception of allowing the opportunity to install a fuel station.

 

Vera Antonich, 1227 E. Commerce, stated that she was an employee of Kroger, and stated that she was impressed with her company and the measures they are taking to ensure the protection of the Village water system. She said that the expansion of the existing Kroger would bring more jobs to the community.

 

Dale Feigley was present and stated that he was a lifelong resident of Milford and thought that allowing Kroger to construct a gas station would bring more jobs to the community and create competitive gas prices between the other stations in town.

 

Richard Harrison of Mill Valley Properties was present and stated that he believed that allowing the gas station would be an investment in the community.

 

Ann Barnette, DDA Director, spoke on behalf of the Downtown Development Authority, (DDA), stating that the Village and DDA are taking a big hit on taxable values. She stated that if the proposed Kroger expansion including the fuel station is approved, the Prospect Hill Shopping Center would be 100% occupied. She said her support for the project comes from the understanding that Kroger will do what they need to do for the protection of our well head.

 

Dave Weinczak, 1990 Duck Lake Rd., Highland, was present and stated that he has been in the “super market” business for 34 years. He said in response to the question earlier as to why Kroger needs to make this change, he indicated that both A & P and Farmer Jack who he worked for did not change and are now out of business. He said a fuel center is a very important part to Kroger to help the sales in their stores to maintain their profits and viability in the future. He said Kroger has about 2,500 stores in the US, with about 800 having fuel stations. Having the fuel stations will help the store’s sales and allow Kroger to be more competitive with other retailers such as Walmart.

 

PC-10-03 Goodenow moved, Ebert seconded, to close the Public Hearing at 8:44 p.m. Motion CARRIED

 

UNFINISHED BUSINESS

 

RZ-09-01, Detroit Development, 16-10-227-020, Proposed Conditional Rezoning from B-2 to B-3

 

Commissioner Serchak stated that he has not heard a compelling argument that another gas station is needed in Milford. He questioned why a market study was not provided and why data has not been supplied showing where other Kroger stores have implemented a gas station at their sites. Commissioner Serchak said that he found data showing that approximately 15 to 20 gas stations have been constructed at Kroger sites in Michigan and approximately 50 in Ohio. He said unfortunately he found that there was a suspected release of fuel at one of the Kroger stations in Ohio on Christmas Eve from a tank that was installed as recently as 2008. He said that no one is capable of predicting what type of incident concerning a fuel tank may occur. He said the Village has an obligation to look at the specific site and has to determine what is best for the community. He said the Village has a legacy of environmental contamination issues. He noted the former Kelsey Hayes site where contaminants were found when the site was occupied by Ford Motor Co., the Milford House restaurant site where a gas station once existed as well as the former Coe’s Cleaners site located off of Main Street, both having contaminants found. Commissioner Serchak said that while most of the source areas are being addressed, from a historical perspective it would be astounding to him for a community with the unfortunate history of environmental contamination to allow another gas station in the middle of the Village.

 

Mr. Weinbaum addressed the question of not providing a market analysis by saying that recently Village Council put a moratorium on liquor licenses, and formed a sub committee, stating that they would not get involved with competitive wars between businesses. He said from a policy and traffic standpoint the Kroger location would make great sense, because if you are shopping at Kroger having the option of fueling your car at the same site as purchasing your groceries would be much more convenient as well as a cost savings if you are a frequent Kroger shopper.

 

Commissioner Serchak restated that he did not believe there was a compelling reason for a gas station.

 

Mr. Weinbaum said that if Planning Commission does not want to approve the request because a proper presentation was not made at the first Public Hearing, then so be it. He said while he did not believe that would be the right thing to do, it would be Planning Commission’s determination. He said the fact is we are here today to address the concerns and he has attempted to do that but cannot address the environmental concerns although he knows of gas stations within the area that are a lot more at risk and that are a lot closer to the wellhead protection area.

 

Commissioner Johnston asked if the owner of Hector & Jimmy’s across the street from Kroger wanted to get out of the restaurant business and asked to have his property rezoned to allow a gas station would the Village have a legal and ethical reason to turn down his application.

 

Mr. Lomako said that the market argument that Commissioner Johnston is trying to make would only be one of the criteria that is normally considered with a rezoning application. He said that if Commissioner Johnston is asking the question based solely on marketability, it would be very challenging.

 

Commissioner Johnston asked Mr. Rogers if he was able to provide as requested at the last meeting an example of having a fuel station in an environment similar to the Village that has been in place for longer than five years.

 

Mr. Rogers said that he was not able to find an example of a similar situation.

 

Commissioner Goodenow said he had no remorse in having the second Public Hearing, stating that economics would not be a part of the decision making. He said to him it makes sense to recommend approval to Village Council with no promise that the site plan would be approved.

 

Commissioner Worrell said that she would have liked a copy of the presentation prior to the meeting so there was time for her to review it and be prepared with questions. She said she would like the opportunity to do more research.

 

Commissioner Keef stated that if there were to be further contaminants they would not come from the proposed site because of protection of the wells that have been put in place. He said after having heard the presentation tonight and having a chance to do research, he would find a gas station at the proposed location a convenience.

 

Commissioner Juidici said that there are already existing potential sources of contaminants and believed that concerns of contaminants coming from the proposed site would be addressed during site plan review.

 

Vice Chairman Amerman stated that looking at the “big” picture, and long term concerns, it would seem to her that allowing the gas station would be a good thing by bringing in the new technology and removing the bad.

 

PC-10-04 Worrell moved, Juidici seconded, to recommend to Village Council that request of RZ-09-01, for a conditional rezoning be approved pursuant to MCL 125.3405, which allows a rezoning to be conditioned upon a set of voluntary restrictions from the applicant. The parcel, 16-10-227-020, shall be rezoned from B-2 to B-3 for the following reasons:

1. The state enabling law, Sec. 405 of PA 110 of 2006, as amended, the Michigan Zoning Enabling Act, allows the owner of land to voluntarily offer in writing and the local unit of government to approve certain use and development of the land as a condition to a rezoning of the land or an amendment to a zoning map.

2. The applicant has voluntarily offered in writing the following:

a) The applicant waives their right to seek approval for all current permitted uses and special conditional uses allowed in the B-3 District with the exception for a gasoline station reviewed as a special use condition pursuant to the Sec. 94.218, (3), requirements;

b) The applicant would retain the right to seek approval for all current permitted uses and special conditional uses allowed in the B-2 District.

3. Conditional rezoning would:

a) Retain the development character of the site as currently zoned.

b) Permit the petitioner to seek permission to establish a fueling station under special conditional use criteria.

c) Permit development which is consistent with current market trends.

d) Retain development which is consistent with the area development pattern.

e) Be consistent with the Milford Community Master Plan which has classified this property as commercial use, which supports directing new retail development to existing planned shopping centers and at this location on freestanding “inparcels”.

f) Be consistent in part, with the intent of Sec. 94-216, “The B-3, General Business District is designed to provide sites for more diversified business types which would often be incompatible with the other pedestrian movement in the central business district and which are oriented to serve the needs of passerby type traffic and locations for planned shopping centers. Many of the business types permitted also generate greater volumes of traffic and activities which must be specifically considered to minimize adverse effects on adjacent properties. g) Letter dated 9/29/09 (on file at Village office), shall be made a part of this motion, it is hereby acknowledged by all parties that should the site plan fail the property shall remain zoned as B-2.

 

ROLL CALL VOTE

YES – Goodenow, Keef, Ebert, Amerman, Juidici

NO – Johnston, Worrell, Serchak

ABSENT – Heidt Motion CARRIED

 

Vice Chairman Amerman called a five minute recess. The meeting resumed at 9:45 p.m.

 

NEW BUSINESS

 

 

Mr. Shufflebarger informed the Commissioners that in regards to Article IV, Special Provisions, Including Capital Improvements and Subdivision Review, regarding Public Act 33 of 2008, it was the opinion of the Village Attorney that Planning Commission does have the ability to review and make a recommendation to Village Council. If Planning Commission were not to approve the proposed location for the skate park, Village Council could over turn their decision by a 5/2 vote.

 

Ric Mueller, 808 Old Milford Farms Dr., Chairman of the Friends of Milford Skate Park, (FoMSP), was present to answer any questions from the Commissioners. He told the Commissioners that he has talked with YMCA Detroit Metro to discuss any possibility of obtaining the property north of Family Drive near the soccer fields. He said that once the grant has been obtained he is not overly concerned about the ability to move the location of the skate park. He said he received approval from HCMA for the proposed location and said that they were also favorable of the location near the YMCA.

 

Commissioner Goodenow stated that the north side of Commerce by the soccer fields on Family Drive, made much more sense to him for a skate park than what is being proposed. He said most of the safety issues would be resolved if the skate park were located by the YMCA.

 

The Commissioners, Mr. Shufflebarger, and Mr. Mueller discussed the proposed location as well as other locations within the Village, traffic, costs involved with creating an overhead pedestrian crossing and the area by the YMCA on Family Dr.

 

PC-10-05 Serchak moved, Ebert seconded, to conceptually approve the location in Hubble Pond Park, South as shown on the drawings provided by the FoMSP, in December 2009, (on file at Village office).

 

DISCUSSION

 

Commissioner Johnston asked Mr. Mueller that with the existing safety issues would he be comfortable with putting the skate park at the location as he is proposing.

 

Mr. Mueller said he would not and he knows that the safety issues will need to be addressed.

 

Commissioner Ebert asked if it would be appropriate to address the concerns Planning Commission has in the motion.

 

Commissioner Goodenow verified that when applying for the grant it would be necessary to have the location listed as either Hubbel Pond Park North or Hubbel Pond Park South.

 

PC-10-06 Serchak moved, Ebert seconded, to amend PC-10-05, to approve the site plan location as shown on the letter dated 12/19/09, (on file at Village office) provided safety and pedestrian issues are addressed at the site plan review stage.

 

Commissioner Serchak withdrew his original and amended motions.

 

PC-10-07 Serchak moved, Johnston seconded, to state that Planning Commission supports the location of a skate park in Hubbel Pond Park, with the preferred location being the north end of the park, or an alternative location being on the south end of the park and provided access and safety issues are addressed during site plan review. Motion CARRIED

 

ADMINISTRATIVE COMMENTS

 

Mr. Shufflebarger thanked those that attended the joint meeting held Monday evening. He told the Commissioners that at the next Council meeting the language amendments regarding the definition of a Cultural Arts Center and allowing a Cultural Arts Center in the 0-1, Office District and or the B-2, General Business would be up for adoption. He said the proposed Recreational Vehicle Storage language amendment is on the agenda to be introduced.

 

COMMISSIONER COMMENTS

 

Commissioner Worrell questioned Commissioner Keef about his status on the Board of Directors for the Lee Homes.

 

Commissioner Keef said that he has not heard from the Lee Home in three years and that he has sent them a letter stating that he no longer wishes to be on the Board of Directors.

 

Commissioner Worrell asked how the Public Hearing for the rezoning request that is going before Council should be advertised.

 

Mr. Shufflebarger said that there would not be another Public Hearing.

 

Commissioner Johnston said that Planning Commission had a 5/3 vote to allow another Public Hearing be held for Kroger and said it is his understanding to have a 2/3 vote to over ride a previous decision. He asked Mr. Lomako if he was correct.

 

Mr. Lomako said he would report back.

 

Commissioner Johnston said that he was disappointed in the outcome of the re-hearing tonight and in Planning Commission as a whole, to allow an applicant to have a second opportunity, pleading ignorance is a terrible precedence to set. To allow the applicant to stand before Planning Commission stating that they did not have the opportunity to state their case, when the meeting in December went almost until 11:00 p.m. is deplorable and is embarrassing that we allowed them to do it.

 

Commissioner Goodenow said that at the last Council meeting he was asked to have administration look at the number of banner signs that are up on buildings around town. He said that he noticed that the Rackroom has had one up for quite some time. He reported that at the joint meeting a discussion took place regarding the proposed language regarding a Cultural Arts Center. He said he explained the intent of the Commission. He said he was also asked at the joint meeting about how churches were permitted to hold recitals or dance and music classes. He said the ordinance defines “personal enrichment”, but that he could not find any place in the ordinance which allows for it. He asked Mr. Lomako to prepare some language for review as to where “personal enrichment” would best fit in the ordinance.

 

Commissioner Goodenow reminded the Commissioners of discussions that took place a few years ago regarding combining the Village and Township building departments and Planning Commissions. He stated that in the October issue of the Planning & Zoning News, there was an article on other communities combining services. He said that if the Township Supervisor and the Village Manager would concur that combining the two Planning Commissions would be worth pursuing he would at no fee, work with a representative from the Township, and review the ordinances to work toward combining the two Zoning Ordinances. He said it would be necessary to combine the ordinances before combining the building departments.

 

Vice Chairman Amerman stated that she did not like the process that Planning Commission went through regarding the proposed gas station, but said that she did like the result. She said she believed a lot of good discussion came from the two Public Hearings.

 

ADJOURN

 

The meeting adjourned at 10:45 p.m.

 

Nancy Scott, CMC

Milford Village Deputy Clerk