| REGULAR MEETING |
OCTOBER 14, 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, Timothy Juidici, Christopher Nicol, Karen Worrell ABSENT Commissioners Craig Johnston, Bill Serchak
ALSO PRESENT
Zoning Administrator, Randy Sapelak; DDA Director, Ann Barnette; Planning Consultant, Adam Young
APPROVAL OF MINUTES
Regular Meeting August 12, 2010
PC-10-39 Amerman moved, Goodenow seconded, to accept the minutes of the Regular Planning Commission meeting of August 12, 2010, as amended:
Page 1-2, 2nd paragraph, first line, “…recommend her looking at…” change to “…recommend that she look at…” Motion CARRIED
CALL TO PUBLIC
There was no comment from the Public.
UNFINISHED BUSINESS
SP-10-04, Borlace, 16-10-278-003, 449 N. Main, Proposed Addition of Rear Deck for Additional Seating
PC-10-46 Goodenow moved, Juidici seconded, to postpone action on SP-10-04, for no later than June 1, 2011. Motion CARRIED
Proposed Zoning Ordinance Text Amendment, Definitions, “Dance Studio”, Sec. 94-2, Home Occupation and Home-Based Businesses Regulations, Sec. 94-345
Chairman Heidt recommended that this item be moved for discussion after New Business.
There was no objection from the Commissioners.
NEW BUSINESS
SP-10-07, Russo, 16-11-105-013, 219 E. Commerce, Proposed Rental/Banquet Center
Dan and Kim Russo, 2525 W. Buno, the applicants and Donald Schaening, 328 Canal, the Architect, were present to answer any questions from the Commissioners.
Mr. Young reviewed the letter provided by Planning Consultant, Nick Lomako, dated 9/27/10 (on file at Village office).
Ms. Russo stated there is a lawsuit pending between the owner of the property, Oakland Management, she is leasing from, and the owner of the property directly to the west regarding a shared access drive on Hickory. Ms. Russo explained to the Commissioners that she has nothing to do with the lawsuit and does not see a conflict in allowing the adjacent property owner to the west use of the access drive on Hickory.
The Commissioners, Mr. Young, Mr. & Mrs. Russo and DDA Director, Ann Barnette discussed parking.
Mr. Young referenced a parking study that was submitted on 8/4/09 (on file at Village office), that was used when the property owner was considering another proposal at the site.
Ms. Russo explained that the Yoga studio will not be operating during the times banquet activity will be taking place, which is typically between the hours of 5:00 p.m. and 11:45 p.m. She explained that she had also worked out an agreement with Jeff Hutton, owner of Milford Auto, located on Main Street, to use his parking lot for employee parking if necessary.
DDA Director, Ann Barnette, was present and stated that per Sec. 94-341 of the zoning ordinance the applicant would have to enter into an agreement with the property owner, which in this case is the Village of Milford for the on-street parking. Ms. Barnette said that in discussions with Village Manager, Arthur Shufflebarger, he said that he may be willing to enter into an agreement with the applicant if the applicant were to pay $500 per parking space deficiency. Ms. Barnette explained that the agreement may consider the prospect that the property could be located in the Special Parking District.
Resident Beverly Smith was present to state her objections to the proposed banquet facility.
Mr. Young, the Commissioners, Mr. & Mrs. Russo and Mr. Schaening went through each of the remaining items in the review letter. In detail they discussed the adjoining parking lot, landscaping the parking lot, lighting for the parking lot, screen wall requirements, the times for loading and unloading, the trash enclosure, and adding the two parcels to the special parking district.
Ms. Russo indicated that unloading would take place between the hours of noon and 3:00 p.m. She also stated that the caterers would remove all trash and load all of their equipment/utensils from the facility the day after an event.
Commissioner Goodenow said that because he just returned from out of town and did not have sufficient time to review the plan he would be abstaining from any motion that may be made.
The Commissioners agreed that there were too many outstanding items on the site plan that need to be addressed on a revised site plan including each of the items from the Wade Trim review letter prior to approval.
PC-10-47 Worrell moved, Juidici seconded, to postpone SP-10-07, to allow the applicant time to submit a revised site plan to meet Village site plan review standards.
DISCUSSION
Commissioner Goodenow stated that while he is abstaining from voting on the motion he believes this site to be critical to the Village and told the applicant that they have all the necessary information needed to return with a complete site plan.
Chairman Heidt said that he thought there would be repercussions if Planning Commission were to approve a site plan that was incomplete such as the one review tonight.
PC-10-47 Goodenow ABSTAIN, Motion CARRIED
PC-10-48 Goodenow moved, Amerman seconded, to set a Public Hearing for the November 18, 2010 Planning Commission meeting to discuss including in the special parking district, parcels 16-11-105-012, 215 E. Commerce; 16-11-105-013, 219 E. Commerce and16-11-106-006 vacant property.
DISCUSSION
Commissioner Worrell said she thought the motion should be made to extend the special parking district.
PC-10-49 Goodenow moved, Amerman seconded, to amend PC-10-48 to state “extend the special parking district”. Motion CARRIED
PC-10-48 Motion CARRIED
PC-10-50 Goodenow moved, Worrell seconded, to encourage the Village to explore with the applicant a possible short or long term agreement to allow them to use public on-street parking in accordance with Sec. 94-341 (3). Motion CARRIED
UNFINISHED BUSINESS
Definitions, “Dance Studio”, Sec. 94-2, Home Occupation and Home-Based Businesses Regulations, Sec. 94-345
The Commissioners agreed with the proposed definition of a "dance studio".
Mr. Young suggested that an appeals procedure be added to the Home Occupation ordinance and suggested the item be postponed to allow Wade Trim time to bring a revision to the next meeting.
The Commissioners and Mr. Young discussed the proposed ordinance. They discussed the following: Animal hospital is listed as both a prohibited use and also as a special condition use. A dance studio is listed as a prohibited use. If Marijuana sales is considered a home occupation and if it should be allowed as a Type 1 or Type II use. Animal boarding should be listed as a Type II use. Recycling center should also be a Type II use.
Chairman Heidt suggested each of the Commissioners review the proposed language again, prior to the November meeting.
PC-10-51 Worrell moved, Amerman seconded, to postpone discussion of the language amendment until the November meeting. Motion CARRIED
NEW BUSINESS
Proposed Zoning Ordinance Text Amendments, Bicycle Rental/Display Racks, Sec. 94-189, (1)
Mr. Young reviewed the proposed amendment dated 8/23/10 (on file at Village office).
The Commissioners discussed the difference between bicycles, tricycles, roller blades and ice skates.
PC-10-52 Amerman moved, Goodenow seconded, to set a Public Hearing to review the language for Sec. 94-189 (1) for the November 18, 2010 meeting. Motion CARRIED
ADMINISTRATIVE COMMENTS
Mr. Sapelak reported that FORZA Sports Bar will be going before the Zoning Board of Appeals in hopes of receiving a temporary use variance to have a one day event.
PC-10-53 Amerman moved, Juidici seconded, to state that Planning Commission takes no exception with the Zoning Board of Review for a single day temporary use request of Forza Sports Bar. Motion CARRIED
Mr. Sapelak also reported that the YMCA would like to construct an accessory structure on property adjacent to the property where the YMCA building is located. Accessory structures are not permitted in a front yard; however the YMCA property is zoned Parks & Recreation. Mr. Sapelak asked the Commissioners if they would interpret the property where the accessory structure is proposed to be constructed as a front yard and if so is a variance necessary
Planning Commission felt that because the primary structure identifies the front yard as facing W. Commerce, the request should be reviewed by the ZBA.
Chairman Heidt stated that he would have no problem with the construction of the accessory building and the proposed location but felt that ZBA should encourage the applicant to be sure that the structure is not visible from Commerce Road.
COMMISSIONER COMMENTS
Commissioner Worrell asked Mr. Sapelak what type of structure was built in the parking lot of the Milford House restaurant. Mr. Sapelak said that as he mentioned at the August meeting he gave administrative approval to Milford House to construct a fire pit and outside patio in the east side of the parking lot. The patio is not for dining purposes. He stated that parking spaces were not affected.
ADJOURN
The meeting adjourned at 10:30 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
