| REGULAR MEETING |
MARCH 11, 2010 |
| 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, Timothy Juidici, Bill Serchak, Karen Worrell
ABSENT
Commissioner Larry Keef
ALSO PRESENT
Zoning Administrator, Randy Sapelak; Planning Consultant, Nickolas Lomako; DDA Director, Ann Barnette
APPROVAL OF MINUTES
Regular Meeting January 14, 2010
PC-10-08 Amerman moved, Worrell seconded, to accept the minutes of the Regular Planning Commission meeting of January 14, 2010, as amended: Page 1-1, First paragraph after motion PC-10-02, “William Curry, Program…” Change to, “William Curry, Professional…” Motion CARRIED
CALL TO PUBLIC
There was no comment from the Public.
PUBLIC HEARING
SUP-10-01, Kroger Corporation, 16-10-227-020, 670 Highland, Proposed Fuel Center to be Located Within Existing Parking Lot
Chairman Heidt left the table to eliminate a potential conflict of interest. He is an employee with SSOE.
William Curry, Professional Engineer with SSOE; Chris Rogers, Real Estate Manager for Kroger; Dave Wienczak, Project Manager, and; Marc Weinbaum, owner of Prospect Hill, were present to answer any questions from the Commissioners.
PC-10-09 Goodenow moved, Serchak seconded, to open the Public Hearing at 7:33 p.m. Motion CARRIED
Mr. Lomako reviewed his letter dated 3/2/10, (on file at Village office) in which he recommended Planning Commission recommend to Village Council conditional use approval.
Mr. Curry gave a brief presentation and overview of the proposed fuel center to the Commissioners and Public.
Garrett Steele, 2353 E. Commerce, Milford, was present and asked how many tanks would be installed; if a projection of how many additional cars would be coming and going through the parking lot had been done, and; how many additional employees would be hired.
Mr. Curry stated there would be two tanks installed and gasoline sales are expected to be between 40,000, and 50,000, gallons per week. He said they are anticipating the fuel station to be used primarily by Kroger shoppers.
Ken Lawrence employee of the former Citgo station that is now Sunoco, was present and stated that if the Kroger fuel station is approved it will put Sunoco out of business.
Frank Noori, owner of Sunoco, 505 N. Main, was present and stated that due to the current economic times he would not be able to compete with a new gas station in the Village and would have to shut down his business.
Barbara Clark, 339 W. Commerce, was present to state her opposition to the proposed fuel station because of environmental concerns. She said when Kroger proposed their last expansion a few years ago citizens were given the opportunity to meet with the developer to express their concerns. She said allowing that to happen has set a precedent and the public should be given the opportunity to participate and provide input as they did during the last expansion. She commented that there have been conflicting answers given by the applicant in response to questions from the public. She requested that the southern most egress be closed to truck traffic. She also commented that a sign to notify the public of the proposed gas station has not been posted at the site.
Lee Mueller, 808 Old Milford Farms was present, and stated that he believed generally the DNRE requirements for underground storage tanks are adequate at best. He felt there is never a guarantee of there being no spillage or that it would be cleaned up if there was a spillage. He suggested that Planning Commission take the time to take a closer look into allowing a fuel station in the well head protection area. There was no further comment from the Public.
PC-10-10 Goodenow moved, Ebert seconded, to close the Public Hearing at 8:03 p.m. Motion CARRIED
The Commissioners, Mr. Lomako, Mr. Curry, Mr. Rogers, Mr. Wienczak and Mr. Weinbaum discussed the following: The station will be manned. There will be two storage tanks, with one having a dual compartment. Between 40,000 and 50,000 gallons of gas will be delivered each week. Deliveries will take place approximately every other day or three or four times a week. Outdoor storage. Truck hauling routes. Increased traffic generated by a fuel station. Having an independent third party as a monitoring component to address environmental concerns being chosen by the Village and agreed to by the applicant.
PC-10-11 Goodenow moved, Worrell seconded, to postpone SUP-10-01, for no more than 90 days. Basis of postponement are those items mentioned in the Wade Trim letter, dated 3/2/10, items 1, 2 & 3 on page 3, and those items shown on SSOE letter, dated 3/11/10. Also an independent third party environmental professional to be selected by the Village of Milford and agreed upon by the applicant and part of their objective is also to agree to an on-going monitoring plan. Applicant is also directed to provide an internal and external traffic study to include haul routes and the potential traffic usage of the expanded store and the gas station to also be included in the traffic study. Motion CARRIED
SUP-10-02 Kroger Corporation, 16-10-227-020, 670 Highland, Proposed Additional Parking Spaces as Necessary to Meet Ordinance
PC-10-12 Juidici moved, Ebert seconded, to open the Public Hearing at 8:55 p.m. Motion CARRIED
Mr. Lomako reviewed his letter dated 3/2/10 (on file at Village office), in which he stated he believed the applicant is able to provide the required number of off-street parking spaces and suggested the applicant withdraw their request.
Frank Noori stated that when he purchased 505 N. Main, he replaced the existing storage tanks and was told by the Michigan Department of Environmental Quality (M-DEQ), that he had contaminated the Village water system. He said he met with DDA Director, Ann Barnette, and Marc Weinbaum, who were interested in purchasing the gas station from him, and cleaning the site to construct a parking garage. He said he did not understand how they could now be in favor of allowing another gas station.
Garrett Steele told the Commissioners they may want to be concerned with what happens if the proposed gas station does not work and becomes an eyesore. He suggested they require the applicant to remove the storage tanks and canopy if the gas station does not work out.
Commissioner Worrell said that at the Council meeting when the rezoning request was approved, the applicant (Kroger) stated they would remove the underground storage tanks and canopy if the fuel station was not a success.
Barbara Clark told the Commissioners that it was appropriate to postpone action on the first special use request. She said that at the Council meeting, the Village attorney stated that the Village could not make the applicant remove the storage tanks and canopy. She further expressed her concerns regarding overflow parking on the side streets should the Kroger parking lot be filled. She said she did not know how anyone could park behind Aco, where the intended Land banking was proposed.
There was no further comment from the Public.
PC-10-13 Worrell moved, Goodenow seconded, to close the Public Hearing at 9:15 p.m. Motion CARRIED
Mr. Lomako stated that with a traffic study being requested by the Commissioners he would suggest a postponement on the item until results of the traffic study are available.
PC-10-14 Goodenow moved, Johnston seconded, to postpone action on SUP-10-02, Kroger, Proposed Additional Parking Spaces, for no more than 90 days, due to pending traffic and site circulation studies that have been requested.
DISCUSSION
Commissioner Juidici asked if administration could locate a copy of previous traffic study and calculations completed for Prospect Hill.
Mr. Sapelak said he would see what he could find. Commissioner Worrell said she thought the ordinance pertaining to parking had changed since the last Kroger expansion.
Mr. Lomako said there could have been changes.
PC-10-14 Motion CARRIED
NEW BUSINESS
SP-10-01, Kroger Corporation, 16-10-227-020, 670 Highland, Proposed Fuel Center to be Located Within Existing Parking Lot
The Commissioners, Mr. Lomako, Mr. Curry, Mr. Rogers, Mr. Wienczak and Mr. Weinbaum discussed each item from Mr. Lomako’s review letter dated 3/2/10 (on file at Village office), and further discussed the following:
Landscaping. Outdoor storage. Traffic. Stacking. Maneuverability through the site. Fuel delivery. The proposed location of the fuel station will have the least impact to other tenants. The applicant agreed to comply with the items from the review letter and make the necessary corrections on a revised site plan. Commissioner Goodenow requested that the applicant also include the drive-through pharmacy on the internal traffic study for the gas station.
PC-10-15 Goodenow moved, Ebert seconded, to postpone SP-10-01, for no more than 90 days to allow the applicant time to make corrections to the site plan based on various documents received and discussion tonight. Motion CARRIED
Amendment SP-09-03, Kroger Corporation, 16-10-227-020, 670 Highland, Proposed Canopy/Roof for Drive-Through Pharmacy
Mr. Sapelak read from his letter dated 2/25/10, (on file at Village office). He explained that the canopy for the drive-through pharmacy will match the canopy on the fuel station. Any signs proposed would be under a separate permit.
PC-10-16 Ebert moved, Serchak seconded, to amend SP-09-03, as shown in drawing dated 3/11/10, (on file at Village office), for the proposed canopy roof for the drive-through pharmacy. Motion CARRIED
CONSULTANT COMMENTS
Mr. Lomako reported to the Commissioners the progress the ad hoc committee has made regarding a language amendment to the home occupation ordinance. He said he would have a draft for the ad hoc committee to review next month.
COMMISSIONER COMMENTS
Commissioner Worrell reported that at the last Council meeting the Kroger applicant said that if the fuel station was to close they would remove everything. Commissioner Worrell explained that the Village attorney said the rezoning contract could stipulate that if the fuel station was to shut down, everything would need to be removed, but that Planning Commission could not specify a time that they would need to have everything removed.
Chairman Heidt stated that removal of the gas station, if it fails, could be a condition placed of the approved site plan and would be enforceable. Chairman Heidt stated that he is not saying it should be a requirement for site plan approval, but only informing the Commissioners that they have that option.
Commissioner Goodenow reminded the Commissioners that the definition of a cultural arts center was recently added to the ordinance but with no zoning district to allow for one. He informed the Commissioners that he sent an email to Village Council President, Terri Rusas, to ask her to consider having Council return the language to allow for the use in the office or commercial district to Planning Commission with direction for further amendments. Commissioner Goodenow said that the current copy of the Planning & Zoning News offered a Michigan Zoning Guidebook for Citizens and Local Officials. He asked if this was something the Village could purchase.
Mr. Sapelak said he would order the publication.
Commissioner Goodenow said that with the closing of Baker Elementary he thought the location would be a great site for the proposed skate park. Ric Mueller, with the Friends of Milford Skate Park, (FoMSP) was present and said that he has already researched using the school site and it would not work because the school is in a residential area and hidden for passive security. He reported that he contacted the YMCA, and was again told that they would not allow a portion of their property to be used for the skate park.
Mr. Mueller said he asked them to put their reply in letter form. He said the letter he received indicated that the YMCA and FoMSP should meet to discuss the skate park. Mr. Mueller said they were no where close to saying yes to using YMCA property, but at least they are willing to entertain the idea. He said he has postponed moving forward with the grant application at this point.
Commissioner Amerman asked about the brick discoloration on the new fire station.
Commissioner Goodenow said he spoke with someone at the Fire Department who told him that the brick has not been washed yet and would be cleaned before the contractor left the site.
Chairman Heidt asked about the storage container at Rite Aid that has been sitting on the premises for some time.
Mr. Sapelak said that he has sent them a letter giving them a date by which the container must be removed to avoid receiving a citation.
Chairman Heidt told Mr. Sapelak that Spiral Industries has a trailer parked in the front yard that needs to be removed.
Mr. Sapelak said he would notify the owner that it needs to be removed.
Chairman Heidt said that being an observer at the meeting tonight he noticed that the Commissioners needed to be very careful with side discussions taking place during primary discussions. He said it gives the appearance of the Commissioners not focusing on the item at hand and may cause someone to miss something important to the primary discussion. He also stated that when it is necessary to change a motion that has been made, it is necessary to do an amendment to the main motion.
ADJOURN
The meeting adjourned at 10:45 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
