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 David Ebert, Gary Goodenow, Craig Johnston, Timothy Juidici, Karen Worrell

 

ABSENT

 

Commissioner Kathy Amerman, Larry Keef, Bill Serchak

 

ALSO PRESENT

 

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

 

APPROVAL OF MINUTES

 

Regular Meeting June 10, 2010

 

PC-10-22 Goodenow moved, Worrell seconded, to accept the minutes of the Regular Planning Commission meeting of June 10, 2010, as amended: Page 1-1, Motion PC-10-18, …”July 8, 2010l…” change to “…July 8, 2010…” Page 1-2, Last paragraph, 2nd, line, “…Dave Wienczak, Project Manager, Kelly…”, change to “…Dave Wienczak, Project Manager; Kelly…” Motion CARRIED

 

CALL TO PUBLIC

 

There was no comment from the Public.

 

PUBLIC HEARING

 

RZ-10-01, Ludecke, 16-10-432-005, 314 S. Main, Proposed Rezoning of Property from B-3, General Business to R-4, One Family Residential

 

PC-10-23 Juidici moved, Worrell seconded, to open the Public Hearing at 7:31 p.m. Motion CARRIED

 

Mr. Lomako reviewed his letter dated 6/30/10, (on file at Village office), in which he recommended Planning Commission recommend to Village Council approval of the rezoning request.

 

PC-10-24 Worrell moved, Juidici seconded, to close the Public Hearing at 7:32 p.m. Motion CARRIED

 

PC-10-25 Goodenow moved, Ebert seconded, to recommend approval of RZ-10-01, the rezoning request for 16-10-432-005, from B-3, General Business to R-4, One Family Residential, based upon the Wade Trim review letter of 6/30/10. Motion CARRIED

 

SUP-10-03, Pfau, 16-10-376-021, 120 S. Milford Rd., Req. Change of Drive-Thru Hrs. of Operation to 24 Per Day

 

PC-10-26 Johnston moved, Juidici seconded, to open the Public Hearing at 7:36 p.m. Motion CARRIED

 

Mark Pfau, owner of McDonald’s, was present to answer any questions from the Commissioners. He explained that Mr. Lomako referred him to Kolano and Saha Engineers, Inc., who conducted a noise impact study to evaluate what the impact, if any, would be on the adjoining neighbors if the drive-thru hours were increased. He provided the Commissioners with a copy of the impact study dated 6/30/10 (on file at Village office).

 

Mr. Sapelak reviewed his letter dated, 7/1/10, (on file at Village office), in which he recommended Planning Commission recommend to Village Council approval of the request for the additional hours of the drive-thru operation.

 

Lawrence Hewitt, 883 General Motors Rd., was present and stated that he did not have a problem with the drive-thru being open for 24 hours, but did have concerns with the time of day that garbage collection takes place which he has found to be between the hours of 4:00 and 6:00 a.m. He said it is emptying loud when the dumpsters are being emptied. He also stated his concerns of a retaining wall he believes is required but does not exist. He said he believed the wall was taken down illegally.

 

Mr. Pfau said that he purchased the store in December of 2008 and knew nothing about the necessity of a retaining wall. He said the hours of when refuse is collected could be changed and stated that delivery hours have changed to mid morning.

 

The Commissioners and Mr. Sapelak discussed that the concerns of Mr. Hewitt are items to be addressed under the site plan approval and do not have an affect on determining the special use request, but agreed that whether or not a retaining wall or some type of landscape screening is required should be investigated by administration.

 

Planning Commission acknowledged Mr. Pfau’s willingness to comply with the original site plan approval.

 

PC-10-27 Worrell moved, Juidici seconded, to close the Public Hearing at 7:51 p.m. Motion CARRIED

 

PC-10-28 Goodenow moved, Worrell seconded, to recommend approval to Village Council of SUP-10-03, for the drive-thru window operation to be open 24 hours, based on the approval of the proposed site plan SP-10-02. Motion CARRIED

 

NEW BUSINESS

 

 

PC-10-29 Goodenow moved, Johnston seconded, to conditionally approve SP-10-02, to allow the drive-thru service of McDonald’s to operate for 24 hours per day, based upon administration’s review and resolution of the screening on the westerly side of the property, wall or alternate, and to resolve the hours for dumpster maintenance. Motion CARRIED

 

SP-10-03, Weinbaum, 16-10-451-015, 131 S. Milford Rd., #600, Proposed Patio With Seating for 112

 

Marc Weinbaum, owner of the building was present to answer any questions from the Commissioners. He stated that the former Farmer Jack space that has been left vacant for the past three years that adjoins his property has created a challenge for him to be able to fill vacant spaces at his site. He said the last two restaurants at this site have struggled and he would attribute that mainly to the nature of the operation. Mr. Weinbaum explained that when it was apparent that the Rack Room would be closing, research was conducted to find what would bring more energy and vibrancy to that corner of the shopping center and determined that a good reasonably priced sports bar type of restaurant with high-definition televisions and one that would also be family friendly would work. He explained that Mike Tomassi, who has a lot of experience in this type of operation, will be opening Forza Sports Bar & Grille at the site at the end of the month. He said with Blockbuster Video closing at the end of August they are hoping the new restaurant will help revive the site. He said outdoor patio seating at the site in the proposed location would have good visibility from Milford Road, and help create vibrancy to the south side of town. He said the nature of a sports bar type of restaurant that has an outdoor feature are the ones that are surviving.

 

Mr. Weinbaum said that after receiving the review letter from Mr. Lomako, he contacted architect John Stewart, who helped him and Mr. Tomassi create a better plan with less seats that would eliminate the need to utilize as many parking spaces. He provided a copy of the revised drawing to the Commissioners (on file at Village office), which indicates a decrease in seats from 112 to 70. He said he is hoping to be able to come to some agreement even if temporary, which would allow the restaurant to have outside seating for the remainder of this season and next spring. He said he spoke with Village Manager, Arthur Shufflebarger, who typically approves outdoor seating in either the right-of-way or on private property, but told him he would need to take the request to Planning Commission because of the number of seats and what affect there may be on parking. Mr. Weinbaum informed the Commissioners that most of the uses that currently occupy the building once Blockbuster moves out are not nighttime uses. He said with the current tenants, those being, Oh Tokyo, Sprint, A+ Nails, Milford Dance Academy, and Intrigue Tanning, the site is only about 50% occupied leaving an abundance of parking spaces.

 

Mr. Weinbaum explained that the revised plan accommodates two-way traffic where the original plan did not. Mr. Lomako stated there is an approved site plan for the shopping center which identified a parking count that was approved and committed to. He explained that when you decide to expand one of the major anchors of a site, it impacts all the other existing businesses and parking calculations need to be based upon the potential of full occupancy of each lease space.

 

Mr. Lomako explained that with the proposed patio being a permanent structure, it will be necessary to know exactly what the parking needs are for each tenant. He said he believed it would be best to start fresh with the addition of Forza Sports Bar and other potential uses to come up with what a new parking count needs to be to fulfill the demands of the center. He said Planning Commission needs to determine whether or not parking should be based upon the restaurant serving existing customers differently, or upon the potential of having each seat inside and outside the restaurant occupied.

 

The Commissioners, Mr. Weinbaum and Mr. Lomako discussed the following: That parking for Pierrez Milford House was based upon the potential of having all seats occupied, indoor and outdoor. Traffic. There are not a lot of common hours shared by existing tenants and most tenants will not be open as late as Forza will be open. It will be necessary to receive approval from both the police and fire departments. The loading zone. A copy of the hours of operation for each tenant should be provided. If there is any intention of constructing an awning it should be indicated on the site plan. Landscaping.

 

Mr. Lomako stated that based upon discussion tonight the applicant will need to provide what they believe is a reasonable parking need count based upon full occupancy of both inside and outside seating.

 

PC-10-30 Goodenow moved, Juidici seconded, to postpone SP-10-03 for not more than 90 days based on discussion tonight.

 

DISCUSSION

 

Mr. Weinbaum told the Commissioners that in regards to the location of the patio to the drive lane, Mr. Shufflebarger has concerns about safety issues to pedestrians. Mr. Weinbaum said that they would do whatever is necessary to have a barrier of some type between the patio and drive lane to protect pedestrians.

 

Chairman Heidt suggested widening the curb area on the northwest side to better separate the seating area from vehicles.

 

Ms. Barnette suggested that parallel parking be moved next to the seating area to create a buffer against moving traffic.

 

Mr. Lomako said he would not recommend parallel parking next to the outdoor seating area.

 

PC-10-30 Motion CARRIED

 

Elect 2010 – 2011 Chairman & Vice-Chairman

 

PC-10-31 Goodenow moved, Juidici seconded, to nominate and elect John Heidt as Planning Commission Chairman for 2010 – 2011. Motion CARRIED

 

PC-10-32 Goodenow moved, Ebert seconded, to nominate and elect Kathy Amerman as Planning Commission Vice-Chairman for 2010 – 2011. Motion CARRIED

 

PC-10-33 Worrell moved, Johnston seconded, to nominate and elect Gary Goodenow as Planning Commission Secretary for 2010 – 2011. Motion CARRIED

 

DISCUSSION

 

Home Occupation and Home-Based Businesses Regulations, Sec. 94-345

 

Mr. Lomako referred to the draft copy of the proposed ordinance dated 6/10/10, (on file at Village office) and also referenced suggested changes made by Commissioners Goodenow and Ebert.

 

The Commissioners, Mr. Sapelak and Mr. Lomako discussed that a definition for a “dance studio” is needed in the ordinance. If an applicant is denied a Home Occupation permit they have the option to reapply. A proposed home occupation is undefined by the ordinance, the Building Official can determine if the use is Type I, or Type II. The number of vehicles that could potentially be in and out of a neighborhood where one or more home occupation permits is authorized. Defining the number of vehicle trips permitted.

 

Mr. Lomako informed the Commissioners that he would be attending a conference on July 26th, that will address medical marijuana dispensaries.

 

PC-10-34 Juidici moved, Worrell seconded, to have Wade Trim make final corrections as discussed tonight to the proposed ordinance to be on the August agenda under New Business. Motion CARRIED

 

SITE PLAN EXTENSIONS

 

 

Mr. Sapelak reviewed his letter dated 7/1/10, (on file at Village office), in which he recommended denial of the extension.

 

PC-10-35 Ebert moved, Johnston seconded, to deny SP-06-10. Motion CARRIED

 

SP-08-02, Proposed New Liquor Store & Retail Tenant Spaces

 

Mr. Sapelak reviewed his letter dated 7/1/10 (on file at Village office), in which he recommended denial of the extension. Mr. Sapelak told the Commissioners that administration had received a verbal acknowledgement from the applicant stating that he would not be moving forward with the project.

 

The Commissioners felt that since this would be the first extension, administration should grant a one year extension.

 

PC-10-36 Goodenow moved, Johnston seconded, to direct Administration to issue a 1- year extension to SP-08-02. Motion CARRIED

 

 

Mr. Sapelak reviewed his letter dated 7/1/10 (on file at Village office), in which he recommended denial of the extension. Mr. Sapelak told the Commissioners that the Village did not received any contact from the applicant regarding the extension.

 

The Commissioners felt that since this would be the first extension, administration should grant a one year extension.

 

PC-10-37 Johnston moved, Goodenow seconded, to direct Administration to issue a 1-year extension to SP-08-03. Motion CARRIED

 

 

PC-10-38 Johnston moved, Ebert seconded, to deny SP-08-04. Motion CARRIED

 

CONSULTANT COMMENTS

 

Mr. Lomako referred to correspondence he sent to the Commissioners regarding the proposed West Commerce Street Multipurpose Path dated 6/30/10, (on file at Village office). He reminded the Commissioners that at the June meeting a resident was present and stated her concerns with the proposal of extending the trail on W. Commerce to Main Street.

 

The Commissioners and Mr. Lomako discussed the joint Village and Township Master Plan that was approved in 2009, and that its approval was in concept only.

 

Mr. Lomako stated that the planning statute does not give Planning Commission the authority to write the “specs” concerning such things as the extension of the trail, but that it does give the Commissioners the authority to ensure improvements are consistent with the plan.

 

 ADMINISTRATIVE COMMENTS

 

Mr. Sapelak reported that those residents who are in violation of the new Outdoor Recreational Vehicle Ordinance who can easily comply with the new ordinance will be asked to comply right away. Those residents who cannot comply will have two year to make the necessary arrangements. He said he will enclose a copy of the new ordinance with the letters that will be sent out. Mr. Sapelak said he would meet with Mr. Hewitt to come up with some type of barrier between his house and McDonalds.

 

COMMISSIONER COMMENTS

 

Commissioner Juidici asked Mr. Sapelak about the landscaping that is being done at the Mill Valley shopping center.

 

Mr. Sapelak said he spoke with Richard Harrison who is one of the owners of Mill Valley, and told him that if tables and chairs are going to be used, guardrails may be necessary.

 

Chairman Heidt reported that he attended the last Council meeting where Council unanimously approved the Special Use Permit for the Kroger fuel station.

 

ADJOURN

 

The meeting adjourned at 9:40 p.m.

 

Nancy Scott, CMC

Milford Village Deputy Clerk