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, Bill Serchak

 

ABSENT

 

Commissioners Craig Johnston, Timothy Juidici, Larry Keef, Karen Worrell

 

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

 

APPROVAL OF MINUTES

 

Regular Meeting July 8, 2010

 

PC-10-39 Amerman moved, Ebert seconded, to accept the minutes of the Regular Planning Commission meeting of July 8, 2010, as amended: Page 1-5, last line, “…Village did not…” change to “…Village had not…” Motion CARRIED

 

CALL TO PUBLIC

 

Ann Barnette, DDA Director, informed the Commissioners that a bike shop would be opening soon at Mill Valley. She said the owner also has a business in Plymouth. She explained that the bike shop will not only sell merchandise but also rent bicycles, roller blades and ice skates to their patrons. She asked the Commissioners if they would consider creating language for the ordinance that would allow the business owner to have outdoor storage for a rental display on private property in the Special Downtown Overlay District. She told the Commissioners that currently outside the Special Downtown Overlay District, outdoor storage is permitted in the B-2 District with administrative review and in the B-3 District as a Special Use. She asked that Planning Commission entertain language at the next meeting where it could be discussed.

 

Chairman Heidt asked what would be wrong with the business owner seeking a variance through the Zoning Board of Appeals.

 

Ms. Barnette stated that a temporary use variance would only allow for outdoor seasonal storage for up to three months. Commissioner Serchak commented that the Village already has a goal in place to put bike racks in the community to accommodate residents and visitors and placing a rack outside a business on private property for lease would be similar.

 

Mr. Lomako reminded the Commissioners that the Community Master Plan calls for there to be Public racks for bike leasing in the community. He suggested language within the Downtown Overlay District, for outdoor storage, not include Public racks for bicycles.

 

Commissioner Goodenow stated that any language amendment to allow outdoor storage for the purpose of leasing equipment would need to specify that the equipment would be placed inside the store when the business is closed.

 

Ms. Barnette asked Planning Commission if they would recommend her looking at language that would include canoes as well or wait and address that issue at another time.

 

The Commissioners agreed that at this time only the storage of bicycles for rental purposes on private property should be addressed and canoes should be kept separate.

 

The Commissioners and Ms. Barnette agreed that the difference between leasing equipment and selling equipment would need to be clearly defined in the amendment, so the intent of the amendment would only be to allow the outdoor storage of bicycles to be leased during business hours and stored inside after business hours.

 

Commissioner Goodenow suggested that Mr. Lomako prepare a language amendment based upon discussion tonight to be reviewed at the next meeting.

 

Garrett Steele was present and stated that he felt this was a real important issue because people that live in Milford are close to everything and everybody likes to ride their bikes and suggested that Planning Commission move as quickly as they can to create language.

 

UNFINISHED BUSINESS

 

SP-10-03, Weinbaum, 16-10-451-015, 131 S. Milford Rd., #600, Proposed Patio With Seating for 70

 

Marc Weinbaum, owner of the building, and Mike Tomassi, owner of the restaurant were present to answer any questions from the Commissioners.

 

Mr. Lomako reviewed his letter dated 8/3/10, (on file at Village office). He told the Commissioners that the two outstanding issues were those of the parking count and how to determine if there is sufficient parking within the shopping center to accommodate patio seating for the restaurant and the seating design and how the seats are going to be configured and protected and allow passerby traffic. Mr. Lomako referred to exhibit “A” of the revised site plan dated 7/29/10 (on file at Village office), that indicate the changes that have been made as recommended at the last meeting, such as the curb line being expanded around the corner of the main entrance, the seating area is secured with a gated fence line and landscaping which now extends around the corner. The applicant has decided against parallel parking.

 

Mr. Weinbaum addressed loading and unloading and stated that the owner of the restaurant, Mike Tomassi, will have control of the times loading and unloading will take place. He said the restaurant will open at 11:00 a.m., and typically the loading and unloading will take place prior to the restaurant opening so there will not be an interference with parking. Mr. Weinbaum stated that Mr. Tomassi is contemplating having outdoor speakers and would commit to guidelines set by the Village.

 

Commissioner Goodenow expressed his concern of what impact outdoor speakers would have on the adjoining neighborhood to the south and how the decibel level could be set.

 

Mr. Lomako said he believed sound levels would be something that could be handled administratively.

 

The Commissioners, Mr. Weinbaum, Mr. Tomassi, and Mr. Lomako discussed the following: The hours of operation will be 11:00 a.m. to 2:00 a.m., seven days a week. The times the outdoor seating area will be available. Whether the proposed time the restaurant will be open for business both inside and outside would warrant Special Conditional Use approval which would necessitate a Public Hearing to be held to allow for input from the Public.

 

Mr. Lomako explained that because there has been outdoor seating at the site it would be considered a pre-existing use of outdoor seating and has a “grandfathered” status. He said the only time a Public Hearing would be triggered is if Planning Commission felt the proposed changes are materially different than what was originally there.

 

Chairman Heidt expressed his concern over there being a significant change in the hours of operation of the proposed outdoor dining area from what was originally approved.

 

Mr. Lomako stated that outdoor café regulations have a requirement to end outdoor operations at midnight, but said he believes the proposed type of use is different than that of an outdoor cafe. The nature of the use defines the difference between outdoor dining and outdoor cafes. He said he believed this proposal would be more than just the seasonal window that outdoor cafes have because it could be in operation for longer than the time period of April to November.

 

Chairman Heidt said that he would not be in favor of approving the outdoor seating to extend beyond the hours for which the Milford House Bar & Grill was recently approved for.

 

Ms. Barnette verified that the outside patio for Milford House Bar & Grill was approved to be open until 12:00 midnight.

 

Mr. Lomako reviewed the peak hours of operation and peak parking hours as provided by Mr. Weinbaum (on file at Village office).

 

The Commissioners discussed the following: What the approved hours of operation are for Milford House Bar & Grill on E. Commerce and Lu & Ruby’s that formally occupied the lease space. Parking. There would be a greater potential of more seats being filled if the outside patio was proposed to be covered and it is not. Parking could be found in the adjoining parking lot if necessary. Temporary approval for up to 40 seats has been given by the Village Manager.

 

Mr. Tomassi indicated that not all the seats both inside and outside will be occupied during peak times.

 

Commissioner Goodenow asked if the conditional items of approval from the approved Lu & Ruby’s site plan would remain in affect with the new site plan.

 

Mr. Lomako said the previous site plan approval would remain in place.

 

PC-10-40 Goodenow moved, Serchak seconded, to approve SP-10-03 with the following conditions:

1. All specifications shown in SP-02-10 (Lu & Ruby’s) will carry over to SP-10-03.

2. The VCE Peak Hours of Operation and Peak Parking Hours Sheet to be dated and submitted as part of the revised site plan.

3. The hours of operation for the outdoor patio be limited to closing at 12:00 midnight.

4. All conditions set by the Fire Department that “no parking fire lane” signs be placed along the curbing adjacent to the patio in the drive areas required by Chief Waligora as indicated on his 8/4/10 (on file at Village office).

5. Noise levels to be approved by administration and made part of the permanent site plan.

6. Parking is approved as shown on the VCE chart provided, based on the variable hours of operation of the businesses that are on the site in accordance with Sec. 94-339.

 

Mr. Lomako asked if the motion included that a correction should be made to Exhibit “A” to reflect the revised parking count.

 

Chairman Heidt suggested that it also be included in the motion that Planning Commission is accepting the nine car waiver and agree that both the restaurant and patio are not likely to be occupied fully at the same time.

 

PC-10-041 Goodenow moved, Serchak seconded, to amend PC-10-40 to have a correction made to SP-10-03, Exhibit “A” of the existing parking to show the existing parking at 187, banked parking at 3 for a total parking of 190. Motion CARRIED

 

PC-10-040 Motion CARRIED

 

NEW BUSINESS

 

SP-10-04, Borlace, 16-10-278-003, 449 N. Main, Proposed Addition of Rear Deck for Additional Seating

 

David Borlace, owner of the building at 449 N. Main, was present to answer any questions from the Commissioners. Mr. Borlace told the Commissioners he was hoping to make the building more appealing to a prospective tenant. He said he has applied for a liquor license transfer so that one would be available for a new tenant. Mr. Borlace said he is proposing to expand the existing deck on the back of the building by 1,000 square feet, which would allow for pedestrian aisle way traffic and possibly 40-45 additional seats.

 

Mr. Lomako reviewed his letter dated 8/3/10 (on file at Village office), in which he recommended action be postponed to allow the applicant time to prepare a complete site plan and to formally submit a Special Condition Use application so a Public Hearing may be scheduled.

 

The Commissioners, Mr. Borlace and Mr. Lomako discussed the following: Loading. Parking. Outdoor entertainment. The number of proposed seats for the addition needs to be on the site plan before approval can be given as well as a layout of the seats. The number of seats for outdoor dining previously approved. The adjoining properties that may be affected by outdoor entertainment.

 

Mr. Sapelak said that 18 seats were previously approved for the outdoor patio. Ms. Barnette asked why it would be necessary for Mr. Borlace to apply for a Special Conditional Use application and how this request is different from the one that was just approved.

 

Mr. Lomako said the difference is between what is considered a dining establishment with outdoor dining and space, versus an eating establishment with outdoor café space. He said he believes there is a distinction between the two because of the amount of improvements that will be required for outdoor dining space. Mr. Lomako said with what Mr. Borlace is proposing there is literally a tripling of the floor area space of the deck and a cover to the deck, which is considered to be significant improvement. He explained that this proposal is a lot different than someone having an outdoor plaza or break area with portable patio chairs. He explained that an outdoor café is required to be seasonal, the hours are limited and the type of site improvements are meant to be a minor accessory function, where the proposal by Mr. Borlace is intended to be permanent type of improvement.

 

Mr. Lomako stated an improved site plan which describes the parking situation based upon the occupancy load, and the hours of operation is needed.

 

Commissioner Goodenow said that he would like to have the previously approved site plan for this site so the conditions of approval can be referenced for any new approval.

 

Ms. Barnette stated that when the outdoor café language was created, there was an artifact of the old language that was mistakenly omitted from the amendment: the statement about outdoor restaurants as a Special Conditional Use in the B-2 District. Ms. Barnette asked the Commissioners if this was an oversight, or did they intend to leave both sections of the ordinance in place. The current outdoor café ordinance reads that when there is a proposal for outdoor seating that is considered a significant change by the Village Manager, Planning Commission shall review it under Section 94-386, which is not a special conditional use, it is the normal review process Planning Commission uses for considering site plans. The new outdoor café ordinance language tried to anticipate all different scenarios. In addition, the Special Conditional Use under B-2 has no language attached to it that would regulate outdoor dining. She said Lomako is correct about the fact that the significant change initiated by an applicant who is making structural changes to the site plan elevates the plan to a higher level, and that is specified in the outdoor café language: it transfers administrative approval to Planning Commission approval. She reiterated that the two sets of language are confusing. Commissioner

 

Goodenow stated he would prefer that some outdoor dining applications be approved under Special Conditional Use which would then go to the Village Council for final approval.

 

Mr. Lomako stated that he does not believe the two sections are in conflict. One addresses substantial structural changes in outdoor dining and one is a simpler approach for adjacent outdoor café uses, for “non-permanent” types. For instance, the Milford House installed a dedicated, high density area on their site plan that is permanent and fits the language for Special Conditional Use. He said he believed the applicant in this instance is proposing something that is materially different, and should therefore proceed with the Special Conditional Use section of the ordinance.

 

Chairman Heidt agreed with Mr. Lomako.

 

Ms. Barnette asked the Commissioners if their intent was to hold an applicant to the Special Conditional Use section of the ordinance when the Village Manager opts to send it to them for review instead of approving it administratively.

 

Chairman Heidt confirmed that the Planning Commission will consider future applications based on the magnitude of the change in site plan and the district in which it is located. Physical improvements will have an impact on the decision and whether it is a structure or not. He again cited the Milford House as a good example of an application in the Downtown District and next to a residential area, requiring the need for a Public Hearing. He stated he would not be willing for Planning Commission to take the public scrutiny of considering a similar use without hearing from the public. He suggested that the ambiguities of the language probably needed to be corrected. He said the structural changes being proposed need to be considered, as well as the proximity to residential areas and what district the proposal is in.

 

PC-10-42 Amerman moved, Ebert seconded, to postpone SP-10-04 until the October 14, 2010 meeting. Motion CARRIED

 

PC-10-43 Amerman moved, Ebert seconded, to set a Public Hearing for the Special Condition Use Application for SP-10-04 for the October 14, 2010, meeting. Motion CARRIED

 

SP-10-05, Eggl, 16-10-429-010, 224 S. Main, Proposed Outdoor Seating on Private Property

 

Jimmy Eggl, owner of the property was present to answer any questions from the Commissioners. He informed the Commissioners that the previous owner failed to get approval for the rear outside patio. Mr. Eggl said he removed and replaced the patio that was there because it was uneven and drained toward the back of the basement of the building. He said with the new patio he also added landscaping. Mr. Eggl said that he intends to follow the outdoor patio guidelines, closing at midnight and only operating the patio between April 15th and November 1st . The temporary seating will be removed at the end of the season.

 

Mr. Lomako reviewed his letter dated 8/4/10, (on file at Village office) in which he recommended Planning Commission approve the proposed outdoor seating plan subject to Mr. Eggl providing an accurate computation of parking need based on Sec. 94-342 (b), (1), g). Mr. Lomako said that through conversations with Mr. Eggl, he is aware that Mr. Eggl is in the position to lease parking spaces to himself because he owns property which adjoins The Bar. Mr. Lomako stated that evidence of these parking spaces would need to be on file. Mr. Eggl provided to the Commissioners an agreement for cross usage parking, dated 8/6/10, (on file at Village office). Mr. Lomako stated that a document showing that the parking supply is adequate will also need to be provided.

 

Chairman Heidt acknowledged a letter received from Phillip Cody, 214 S. Main, (on file at Village office), regarding noise that interferes with his “quiet enjoyment”.

 

Mr. Eggl stated that Mr. Cody rents an apartment in the building next door to him where there are a total of four apartments. He said there are also two apartments behind The Bar. He explained that there are a lot of “hard” surfaces behind the restaurant and that noise does carry. He said that Mr. Cody called the police one time and when the police came they did not believe there was a significant disturbance. Mr. Eggl said he and Jeff Heyn, the owner of the building whom Mr. Cody rents from, met with Mr. Cody and he and Mr. Heyn assured Mr. Cody that they would work together to try and minimize the noise concerns. He said he told Mr. Cody that he understands that he has the right to peace and quiet, but that Mr. Eggl as a property owner in the downtown area has the right to operate his restaurant and that Mr. Cody should expect there to be some noise, and suggested to Mr. Cody that it might be helpful to shut his window. He explained that he wants to be a good neighbor and that he is looking at more steps to take to reduce the noise level.

 

PC-10-44 Serchak moved, Amerman seconded, to grant conditional approval SP-10-05, provided the applicant submits information on seating and parking for administrative approval. Motion CARRIED

 

Definitions, “Dance Studio”, Sec. 94-2, Home Occupation and Home-Based Businesses Regulations, Sec. 94-345

 

PC-10-45 Goodenow moved, Amerman seconded, to postpone discussion of the definitions for a Dance Studio and the language amendment to address Home Occupation and Home-Based Business Regulations. Motion CARRIED

 

CONSULTANT COMMENTS

 

Mr. Lomako reported that he and Mr. Sapelak had met with a woman who is leasing the building located at 219 E. Commerce, (stone church), and is hoping to use a portion of the building as a banquet rental hall. He also reported that a meeting was held at the Village offices with a development group called Reenders, Inc. to discuss constructing an assisted living facility at 200 Peters Road. Mr. Lomako told the Commissioners that the State of Michigan recently adopted a new “Complete Street” policy standards. The new policy specifies that when communities are planning and funding for publically funded streets, Michigan now considers non- motorized travel as well. Mr. Lomako reported that he had attended an all day conference regarding medical marijuana dispensaries. He said that Village & Township Attorney, Jennifer Elowsky also attended the same type of conference through the Michigan Township Association. He said he and Ms. Elowsky met and shared notes to try and come up with an approach that would be good for the Milford community. Mr. Lomako said it was a good idea that Planning Commission postponed discussion of the Home Occupation language because in speaking with the Township Supervisor, Don Green, it was viewed that creating Home Occupation language would be a good approach to medical marijuana dispensaries. He said Mr. Green would like to have a joint meeting with the Village to discuss and possibly adopt the Home Occupation and Home-Based Business Regulation ordinance as the first common ordinance that both communities would share.

 

ADMINISTRATIVE COMMENTS

 

Mr. Sapelak informed the Commissioners that he granted administrative approval to Milford House Bar & Grill to construct a fire pit and an outside patio in the east side lot that is not for dining purposes. Mr. Sapelak reported that the landscape changes at Mill Valley have been completed without his review. He said the dumpster was removed and trash compactors were installed and bolted to the ground. He stated that the Village is also looking at installing trash compactors, but said there is really no easy way to screen them.

 

Chairman Heidt said the ordinance may need to be amended to address trash compactors.

 

COMMISSIONER COMMENTS

 

Commissioner Goodenow asked if any permits were pulled by Mill Valley to change their landscaping.

 

Mr. Sapelak said that no one spoke to him prior to changing the landscaping.

 

Commissioner Goodenow said it did not seem right that they were allowed to continue with changing the landscaping without repercussions of not first notifying the Village. He felt that administration should have taken some action. Mr. Goodenow asked if administration is ever contacted when someone wants to place a clothing & shoe recycle bin on a piece of property.

 

Mr. Sapelak stated that sometimes he has been contacted about placement of the bins and other times they just seem to appear. He said Kroger wanted to place one by the front of their building, but he told them it had to be placed on the northwest corner of the parking lot.

 

Commissioner Goodenow informed the Commissioners that he would not be at the September meeting.

 

Chairman Heidt informed the Commissioners that he attended the Council meeting on 7/19/10 and there was nothing Planning Commission related on their agenda. He also informed the Commissioners that a letter of resignation was received from Commissioner Larry Keef.

 

ADJOURN

 

The meeting adjourned at 9:41 p.m.

 

Nancy Scott, CMC

Milford Village Deputy Clerk