Planning Commission

 

The meeting was called to order by Chairman Heidt at 7:35 p.m. A quorum was present.

 

PRESENT

 

Chairman John Heidt; Commissioners Kathy Amerman, Gary Goodenow, Craig Johnston, Larry Keef, Larry Martin

 

ABSENT

 

Commissioners Peter Murad, Karen Worrell, Stanley Zasuwa

 

ALSO PRESENT

 

Planning Consultant Nick Lomako; Building Official Randy Sapelak

 

APPROVAL OF MINUTES

 

 

PC-07-57 Keef moved, Amerman seconded, to accept the minutes of the regular Planning Commission meeting of July 12, 2007, as presented. Motion CARRIED

 

Special Meeting July 24, 2007

 

PC-07-58 Amerman moved, Martin seconded, to accept the minutes of the special Planning Commission meeting of July 24, 2007 as presented. Motion CARRIED

 

PUBLIC HEARING

 

PC-07-59 Goodenow moved, Amerman seconded, to open the Public Hearing at 7:36 p.m. Motion CARRIED

 

Mr. Lomako read from his review letter dated 7/18/07 (on file at Village office). He said the amendment would provide flexibility to the Commissioners and allow them to approve extensions to developers who have not been able to move forward with their project due to unforeseen weather conditions or delays in obtaining necessary public agency approvals. Mr. Lomako said that Mr. Sapelak recommended that the sentence “In no instance, however, shall a period of extension exceed two years.” be clarified to read “In no instance, however, shall each request for an extension exceed a two year period.”

 

Both Mr. Lomako and the Commissioners agreed to the change.

 

There was no comment from the Public.

 

PC-07-60 Goodenow moved, Martin seconded, to close the Public Hearing at 7:30 p.m. Motion CARRIED

 

Commissioner Goodenow said he was not in favor of the amendment and prefers to know once a year what is happening with a project. He said it appears the amendment would not limit how many extensions an applicant could be given.

 

The Commissioners discussed that the burden of proof would be on the applicant to show just cause for the extension and that Mr. Sapelak could report on each project annually or as necessary if a project looks like it may become a potential problem. The word “lightening” will be corrected to “lightning”.

 

PC-07-61 Keef moved, Johnston seconded, to recommend to Village Council the adoption of the proposed language amendment to Sec. 94-386, (h), Period of Completion, as amended tonight.

 

ROLL CALL VOTE

 

YES – Heidt, Amerman, Johnston, Keef, Martin

NO – Goodenow

ABSENT – Murad, Worrell, Zasuwa Motion CARRIED

 

PC-07-62 Goodenow moved, Amerman seconded, to open the Public Hearing at 7:57 p.m. Motion CARRIED

 

Mr. Lomako read from his letter dated 7/24/07 (on file at Village office). He explained that 0.03 acres of residential property currently zoned R-4, owned by Mark & Amber Rae Ross, is proposed to be rezoned to B-3 with their permission and then be recombined and included in property owned by Ramzy Karmo.

 

Craig MacDonell with MacDonell Associates Architects, 312 E. Liberty, Milford, who is representing Ramzy Karmo owner of Sherwood Liquor, 1330 Commerce Rd., was present to answer any questions from the Commissioners.

 

There was no response from the Public.

 

PC-07-63 Amerman moved, Martin seconded, to close the Public Hearing at 8:05 p.m. Motion CARRIED

 

Commissioner Goodenow said he spoke with Nelson Watson, at 1141 Marjorie, who was in support of the rezoning request.

 

Chairman Heidt asked that the owners of the property, Mark & Amber Rae Ross, provide a letter of permission to rezone the property for the file.

 

PC-07-64 Amerman moved, Goodenow seconded, to recommend to Village Council the rezoning request, RZ -07-01, be approved for the following reasons:

1. Rezoning the 0.03 acre subject site would aid in the reconfiguration of a commercial site and promote its reuse potential;

2. The rezoning would be consistent with the area zoning pattern;

3. The rezoning would permit development which is consistent with the area development pattern (commercial node at the Commerce Road/Summit Street intersection); and,

4. The rezoning is consistent with the community’s long-range planning proposals for the vicinity. Motion CARRIED

 

CALL TO THE PUBLIC

 

Michael Meloche with Callaghan Homes, was present to request that a Public Hearing be set for the September meeting to consider the Special Conditional Use request for the property known as Little Cottage Day Care, located at 311 Mill Street, who he is representing. He said the owners would like to demolish the existing structure and rebuild a new facility on the same site.

 

PC-07-65 Amerman moved, Martin seconded, to set a Public Hearing for the September meeting for the Special Use Request at 311 Mill Street.

 

DISCUSSION

 

Commissioner Goodenow asked if Planning Commission could expect to review a preliminary site plan for the September meeting.

 

Chairman Heidt told Mr. Meloche that if the Special Use request is recommended for approval, Planning Commission could at the same meeting review the site plan if it were submitted in time for the September meeting.

 

Mr. Meloche said he believed he would have a site plan prepared for review for the September meeting.

 

Mr. Lomako asked if the figures on the conceptual plan are a commitment of what the limits of the enrollment will be.

 

Mr. Meloche said that the figures on the conceptual plan were determined by what the owners said their current enrollment is with allowance for future growth. He said he believed the figures may need to be adjusted once the state reviews the plan.

 

Mr. Lomako explained that it is part of the site plan approval process to determine whether or not the plan will be in compliance with the expected children count. He said the applicant should plan on having those figures attached for review or action could be postponed if the count is unclear.

 

PC-07-65 Motion CARRIED

 

CONSULTANT COMMENTS

 

Mr. Lomako asked that the Commissioners send administration their comments on the proposed Future Land Use Plan by 8/24/07. He said once received, he will compile the comments and bring them back to Planning Commission for discussion. He explained that there would be at least five reviews prior to a Public Hearing taking place. He told the Commissioners that the Township would be holding a meeting on 8/30/07 for those who might be interested in attending.

 

ADMINISTRATIVE COMMENTS

 

Mr. Sapelak reported that he had a conversation with the owner of Top Value, who is considering moving the business across the street but leaving the name “Top Value” at its current location. Mr. Sapelak said that he would be at an inspectors training conference next month and will not be present at the September meeting. He reported that Village Manager, Arthur Shufflebarger will also not be able to attend the September meeting.

 

COMMISSIONER COMMENTS

 

Commissioner Goodenow said that when walking down Main Street he feels as though he is intruding on the patrons who are dining outside at O’Callaghan’s.

 

Chairman Heidt said that he had shared Commissioner Goodenow’s comment with Planning Commission at the meeting last month. He said that DDA Director, Ann Barnette had responded to the comment by email and stated that she agreed and would be seeking assistance from Commissioner Goodenow on how to improve the requirements for outdoor dining.

 

Commissioner Johnston said that he had noticed when downtown recently, O’Callaghan’s had more of a solid partition where the other restaurants that have outdoor seating did not.

 

Commissioner Goodenow said that he has talked with Ms. Barnette regarding the Changeable Copy Sign language and will put something together for Planning Commission to review. He said if Planning Commission is in agreement with proposed changes to the ordinance, he would like to have it put on a Council agenda for a meeting he can be sure to attend. Commissioner Goodenow asked if anyone knew if the billboard sign on N. Milford Road that can be seen when headed south on Milford Road was compliant and if not, how Planning Commission could go about having it removed.

 

Mr. Lomako said he would check to see if the sign is non-compliant.

 

Chairman Heidt said the Uptown Village at Milford project was unsightly and asked what was happing to it.

 

Mr. Sapelak reported that the project has been a problem for some time and has had several owners. He said recently the owners received a variance to place a construction trailer on the property. He explained that part of the problem is that when site plan approval was first received the site was not in a flood plain, but now the maps have changed and part of the development is considered as being in the flood plain. He said he would see what he could do to get the owners to improve the sight of the project and possibly get some grass planted.

 

Chairman Heidt asked that Mr. Sapelak verify that the owner is not in violation of the approved site plan.

 

Mr. Sapelak said he would report his findings to Planning Commission.

 

The meeting adjourned at 8:58 p.m.

Nancy Scott, CMC

Milford Village Deputy Clerk