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Development Center City Planning Commission 1120 Monroe Ave NW Meeting Full Grand Rapids, MI 49503 October 13, 2022 City Commission Chambers I. 12:00 p.m. - 12:30 p.m. - Lunch - Conference Room 901, City Hall, 300 Monroe Ave NW II. Call to Order The meeting was called to order at 12:30 PM by Board Member Kyle Van Strien PRESENT: Rozeboom, Van Strien, Bersche, Joseph, Behler, Wallace, Williams ABSENT: Shannon, Germain STAFF PRESENT: Tyler Kent, Sarah Behmlander, Assistant City Attorney Mike Hoeker and recording secretary Carol Gornowich III. Approval of Minutes A. Approval of Minutes from September 22, 2022 RESULT: ACCEPTED [UNANIMOUS] MOVER: Laurel Joseph, Board Member SECONDER: Stacie Behler, Board Member YEAS: Rozeboom, Van Strien, Bersche, Joseph, Behler, Wallace ABSENT: Susan Shannon, Lawrence Williams, Christopher Germain IV. Business A. Planning Director's Report  Mr. Rozeboom provided a Master Plan update relating that the steering committee met again for the first time in some time, in person, yesterday. The consultants were present as well as 24 of the 50 steering committee members. The consultants took the committee through their plans for a logo to brand the engagement effort. There was quite a range of perspectives expressed in response to the three designs proposed by the marketing team. Tyler Kent added that he and Ms. Zeller, who attended virtually, met with the consultants this morning. They discussed potential Area Specific Plans as part of the Master Plan process. Mr. Kent identified the potential options as Creston, Butterworth area, the west side of the Grand River, and 28th St. or more likely an adjacent residential area.  440 Grandville Ave SW - Mr. Kent related that the applicant has requested an additional 6- month extension of the Optional Plan Review approval due to the situation with material availability and cost. Motion by Ms. Joseph, supported by Ms. Bersche, to approve the requested 6-month extension. Motion carried unanimously. Generated 10/14/2022 8:01 AM City Planning Commission Meeting Full Page 2 October 13, 2022  Agenda Items were briefly discussed. Mr. Kent related that staff is requesting to postpone 1109 Michigan St NE and the applicant for 158 W Fulton/25 Ottawa Ave SW has withdrawn their request at this time.  Mr. Kent identified projects that will be on the 10/27/2022 agenda.  Ms. Behmlander related that a Planner I has been hired; Laura Wahamaki. V. Public Hearings beginning 1:00 p.m. or soon thereafter in City Commission Chambers, City Hall A. Conflict of Interest None expressed. B. 1109 Michigan St NE - Amendment to Approved Cannabis Retailer Address: 1109 Michigan St NE Applicant: Agri-Med, LLC (Howard Luckoff) Requesting: Amendment to Special Land Use and Site Plan Review approvals for a proposed cannabis provisioning center and retailer to eliminate the condition that permanent cross access to Fuller Avenue be provided. Zoning: TN-TBA Traditional Neighborhoods - Traditional Business Area Requirements: Article 6 Mixed-Use Commercial Zone Districts 5.9.19 Marihuana Facilities 5.12.08.E Site Plan Review 5.12.09 Special Land Uses Case Number: PC-SLU-2022-0086 Staff Assigned: Elizabeth Zeller ezeller@grcity.us Type of Case: Special Land Use Effective Date: October 29, 2022 Ms. Behmlander explained that staff is requesting that this case be postponed in order to learn more about the site. However, they would request hearing public comment if anyone is present. Mr. Van Strien opened the public hearing. He explained that when this case is heard again at the next meeting, public comment will also be taken. Public comment was invited. Lori Terpstra explained that she was told that there wouldn’t be an opportunity for public comment today so she is not fully prepared. She was also told she could have more than three minutes. Mr. Kent clarified that he spoke with Ms. Terpstra yesterday about additional time to comment. His response was that he would ask the Chairperson. Mr. Van Strien explained that they aren’t expecting full comment today given that the public hearing will be tabled. Public comment will also be invited at the next meeting. As a member of the public, he would suggest Ms. Terpstra share for 3 minutes and then potentially an attorney or other representative share for an additional 3 minutes. City Planning Commission Meeting Full Page 3 October 13, 2022 Ms. Terpstra noted that this project has been going on for multiple years. She related that she has spent her entire working life on Michigan St. in several different buildings. She owns the buildings at 1121, 1050, and 1234 Michigan St. Her entire career has been in retail on Michigan St. This has been a very frustrating process for her. It has been going on for multiple years and she believes there have been several mischaracterizations throughout this process that have been told to the Commission. She and her representatives have consistently tried to correct things and share their beliefs. Ms. Terpstra feels Michigan and Fuller deserves a better plan than what is proposed and she has been more than willing to discuss options and opportunities that actually work. Ms. Terpstra felt there were a few points that were important for the Commission to understand. The applicant has stated no more than 100 cars in some of the previous meetings. There is now a traffic study that shows much more than that. The attorney for the applicant was saying it would be similar traffic to one he references on the traffic study, which was 1,200 cars. They’ve heard that the marijuana business has softened because there are so many of them now. Ms. Terpstra’s research doesn’t show that. It shows that the marijuana business in Michigan is growing at a compounded annual growth rate of 20%. Ms. Terpstra stated that she understands the subject site. It is like trying to play an NFL game on a postage stamp and now 50-75% of the access points are gone, depending on who you believe and what was presented. The problem with the site is poor site selection from the beginning. It has no frontage and has an easement through her property that has never been intended to handle the amount of traffic that will go through it. The site doesn’t have enough parking for its own employees. Ms. Terpstra stated that 100% of the parking that serves her tenant is in front of the subject building. There is no way to overcome the dead-end canyon of a site that this is. It is going to do her and potentially her tenant irreparable harm and she is prepared to fight it. Jack Boyko related that he is Ms. Terpstra’s attorney as well as the attorney for 1121 Michigan. He reminded the Commission that they have spoken before the Planning Commission previously. Mr. Boyko wished to ensure they would have another opportunity to provide public comment. Mr. Van Strien confirmed that they would. Mr. Boyko feels there are a number of things for the Commission to consider, in addition to their written comments. He clarified that in their written submission they mistakenly identified the easement as a 22’ wide easement but it is not. The vast majority of the easement is 20’ wide. That may have some significance. He isn’t sure whether the traffic study or the Planning Commission were of the understanding that it was 22’ wide. It is mostly 20’ wide for the entire length of the easement except for the final 30-40’. Mr. Boyko stated that the other issue is the traffic study submitted by the applicant, which he would like the Commission to review. They are using a trip generation analysis dated August 12th. While they haven’t done a complete study of the analysis and are not prepared to address it completely, the study, on packet page 135, mentions that the most applicable land use for this analysis would be a marijuana dispensary, which is code 882. However, in their table they use codes 820 and 850. There may be a reason for that. However, from their initial research, code 850 is 9.1 per hour. The marijuana dispensary (882) is over 21 per hour. Essentially, the analysis is about half of the actual traffic that will be generated. Mr. Boyko asked that the Planning Commission review that. City Planning Commission Meeting Full Page 4 October 13, 2022 Mr. Kent related that neither the traffic engineer for the applicant nor the City’s Traffic Engineer could be at today’s meeting, which is another reason staff has requested postponement. Mr. Van Strien closed the public hearing. Motion by Ms. Joseph, supported by Dr. Wallace, to table open to the meeting of 10/27/2022. MOTION CARRIED UNANIMOUSLY. RESULT: TABLED OPEN [UNANIMOUS] MOVER: Laurel Joseph, Board Member SECONDER: Adrienne Wallace, Board Member YEAS: Rozeboom, Van Strien, Bersche, Joseph, Behler, Wallace, Williams ABSENT: Susan Shannon, Christopher Germain C. 445 Bridge St NW - Cocktail Bar Address: 445 Bridge St NW Unit 2 Applicant: Adams Mixology LLC (Nick Adams) Requesting: Approval for a cocktail bar. Zoning: TN-CC Traditional Neighborhood – Transitional City Center Requirements: Article 6 Mixed-Use Commercial Zone Districts 5.9.05. Alcohol Sales and Consumption 5.12.08.E. Standards for Site Plan Review 5.12.09. Special Land Uses Case Number: PC-SLU-2022-0087 Staff Assigned: Sarah Behmlander sbehmlander@grcity.us Type of Case: Special Land Use Effective Date: October 29, 2022 Sarah Behmlander introduced the Special Land Use request of Adams Mixology for a cocktail room with alcohol service and operating hours until 2 a.m. All alcohol uses require Special Land Use approval. Ms. Behmlander identified the location of the property in the heart of a TN-CC zone district along Bridge St. just west of the 131/I196 interchange. With respect to the Master Plan, the subject property is located within a Targeted Retail and Entertainment corridor. The purpose of these corridors is that there is the greatest potential to create a critical mass of downtown retail, similar to Monroe Center, Monroe Ave. or Pearl St. Ms. Behmlander displayed a photo of the subject building pointing out that the space on the left is the space in question. That space was previously occupied by Sovengard. The reason this case is before the Planning Commission is because the applicant has indicated that they will not have 50% food sales so it is being identified as a bar, as well as because of the proposed hours, which is a difference in the approval that was granted to Sovengard. On the right side of the building is a restaurant; Fratelli’s. Ms. Behmlander noted from the pedestrian ingress and egress at the front that if one enters the doorway it is a shared vestibule for both tenants as well as the lower level/Broadway St. level tenant space below. That business is Broadleaf Brewing, which is planning to open soon. Ms. Behmlander displayed the floor plan for the proposed use noting that City Planning Commission Meeting Full Page 5 October 13, 2022 there is bar seating as well as table seating. The applicants have indicated an occupancy of approximately 50 persons. There is one restroom, which Building staff has indicated is acceptable. There is also a small kitchen area. They won’t be providing entrees or full meals but rather shared plate style food items. Ms. Behmlander also noted the presence of a door at the rear explaining that it leads to a balcony. The applicant indicates that they don’t plan to use that for customer seating. Ms. Behmlander recommended that the Planning Commission ask them to explain their proposed use of the balcony because it does face Broadleaf’s commercial space out back as well as residential uses. Ms. Behmlander commented on proposed hours of operation. There are a number of uses with similar hours as proposed; Anchor Bar, Steel Cat Bar, O’Toole’s and the recently approved General Wood Shop, which are all open until 2 a.m. on the weekends. The establishments on Bridge St. generally close between 11 p.m. and 2 a.m. Ms. Behmlander related that there are no exterior improvements proposed. They have provided photos of the interior to give an idea of the space and size. Ms. Behmlander displayed a street view noting that there is a feature that serves as a small stage inside the storefront windows. The applicants have indicated that they would like acoustic music or solo performances, fairly low intensity, on that stage. They have also indicated that live performances would end by 10 p.m. nightly, which she would recommend as a condition of approval. Ms. Behmlander related that just prior to the beginning of the meeting staff received a letter of support. No letters of concern or opposition have been submitted at this point. Ms. Behmlander related that when Sovengard occupied this space they shared a dumpster enclosure with Fratelli’s, which was located on the back side of the building. Sovengard also occupied the lower level. Now that Broadleaf will occupy that space, she isn’t sure what the plan is for the dumpster enclosure. Ms. Behmlander asked that the Planning Commission discuss that with the applicant. There is a condition of approval in the draft resolution that the Planning Dept. would need written authorization if the intent is to share that dumpster enclosure. Ms. Behmlander identified additional considerations as hours of operation and the alcohol use at this site. Nick Adams, applicant, stated that they are excited to be part of this vibrant community. They have observed rapid growth and expansion in recent years and are excited to be part of that revitalization. They have met a number of wonderful business owners on the west side already who seem to be very supportive of their venture; Fratelli’s Pizza, Broadleaf Brewery, and verbal support from residents above their space. Mr. Adams also related that they have formal letters of support from the Grand Rapids Chamber of Commerce and the Stockbridge Business Association. Mr. Adams explained that the concept and vision for their cocktail bar is that they will primarily be serving craft cocktails; artisan style cocktails with minimal food. They will offer a charcuterie board, humus dip, etc. They will not have a fryer or hood. It will be a very plush, comfortable environment; more of a formal setting with vibrant colors and velvet in the space. It will be a seated venue only; no standing room. They will have an occupancy of 49 and they have 46 seats. Mr. Adams related that they expect to get a lot of foot traffic from the already established crowd on Bridge St. They have observed that Butcher’s Union has long wait lists City Planning Commission Meeting Full Page 6 October 13, 2022 across the street. Recently they’ve had people try to come in and have cocktails as they wait for dinner seating at Butcher’s Union. Mr. Adams indicated that they plan to open at 4 p.m. and close at midnight. In the future they may open a bit earlier but as of now they will open at 4 p.m. and close at midnight Tuesday through Thursday. On Friday they will be open from 4 p.m. until 2 a.m. On Saturday they will be open from noon until 2 a.m. They will be closed on Sunday and Monday. With respect to trash, Mr. Adams related that they have their own individual roll aways at the back of the building. Fratelli’s does utilize a stationary dumpster that is housed in an enclosure. The two roll aways will be located right alongside the enclosure. They will not be utilizing the dumpster enclosure. Ms. Joseph asked how they intend to use the balcony. Mr. Adams replied that they aren’t planning to utilize that initially as it isn’t structurally up to code. Once they get that up to code, they might put some seating out there but at this time they have no plans to use that space for anything. Ms. Bersche asked for additional information on the entertainment and related hours. Mr. Adams explained that the stage is relatively small. Throughout the week they plan to have live entertainment ending at 10 p.m. On the weekend they would have entertainment until midnight potentially. It is a small stage so they won’t have any rock bands. It will be an acoustic solo artist or singer. There really isn’t room for more than two people. The intention of the entertainment is to be background music. Mr. Van Strien opened the public hearing and invited public comment; there was none. The public hearing was closed. Ms. Joseph asked staff if the roll away carts are sufficient/acceptable. Mr. Kent replied affirmatively. Ms. Joseph noted from the draft resolution that the condition related to hours of operation indicates hours Monday through Thursday. She suggested changing it to Sunday through Thursday from 12 p.m. to 12 a.m. should the applicant wish to expand their hours in the future. Ms. Behmlander felt that was a good point. Ms. Joseph feels this is a perfectly appropriate location for the use. As a Targeted Entertainment Corridor, the use fits the intent. Ms. Joseph MOVED, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves the Special Land Use request of Adams Mixology LLC (Nick Adams) for approval to operate a bar at 445 Bridge St NW Unit 2, for the following reasons: City Planning Commission Meeting Full Page 7 October 13, 2022 1. The proposed use will be consistent with the purpose and intent of the Master Plan and Zoning Ordinance, including the Zone District, because the proposed use will provide an amenity for bar patrons that is common in business districts; return a vacant space into productive use to further enhance the vibrancy and uniqueness of the Stockbridge Business District; and further support the recommendation by the GR Forward Plan to identify Bridge St as a Targeted Retail and Entertainment Corridor. 2. The proposed use will meet the Site Plan Review Standards because improvements to the existing building will not impede the normal and orderly development or improvement of surrounding property uses and no exterior modifications are proposed. 3. The proposed use will be compatible, harmonious and appropriate with the character and uses of the neighborhood, adjacent properties, and the natural environment because the proposed use will support the current and the desired future character of the neighborhood. 4. Potentially adverse effects arising from the proposed uses will be minimized by existing visibility and natural surveillance due to the surrounding nature of the Bridge St. corridor and no outdoor seating is proposed. 5. The proposed use will not be detrimental, hazardous, or disturbing to existing or future uses or to the public welfare by reason of excessive traffic, noise, smoke, odors, glare, or visual clutter because windows and doors will remain closed during any live performances to mitigate potential noise impacts. 6. The proposed use will not be detrimental to the financial stability or economic welfare of the City because the use is not anticipated to result in nuisances that require code enforcement actions and the use may encourage other investment in the area. 7. The use or change in use as constructed and operated by the applicant is compatible with the neighborhood because the use will result in peak hours of use that are similar to other uses in the vicinity and the applicant has letters showing community support for the proposed use. 8. The use as proposed to be operated by the applicant will not have any, or minimal, negative secondary effects on the neighborhood because the use is not anticipated to result in nuisances that require code enforcement actions and, given the size and capacity of the proposed establishment, an excessive number of persons are not anticipated to regularly gather outside the establishment. BE IT FURTHER RESOLVED that the following conditions of approval shall apply to this project: 1. Standard Condition Set A. Approvals: i. That the application and plans submitted by the applicant and signed, dated and stamped by the Planning Director, shall constitute the approved plans, except if plan elements do not meet ordinance requirements and/or as amended in this resolution. ii. That the use shall operate according to the application and per testimony as recorded in the Planning Commission minutes. iii. That this approval does not include any proposed signs, and any future signs shall be subject to the requirements of Article 15 of the ordinance and permits received prior to installation. City Planning Commission Meeting Full Page 8 October 13, 2022 iv. That a Land Use Development Services (LUDS) permit, building permit, and all other required permits be obtained from the City of Grand Rapids prior to construction, demolition, or operation. v. That any expansion of the approved Special Land Use requires an additional Special Land Use review and approval by the Planning Commission. vi. That the proposed use will comply with all other applicable City ordinances and policies and all State laws. vii. That this approval shall take effect 16 calendar days after the date of the Planning Commission’s decision. 2. That the building shall comply with the soundproofing requirements of Section 5.9.12.C. of the Zoning Ordinance, including providing a noise analysis that shall meet the standards of the City’s Noise Control Ordinance. 3. That windows and doors shall remain closed during live entertainment. 4. That all live entertainment, performances, or hosted gatherings be non-ticketed events that are accessory to the approved use and shall end by 10 p.m. Sunday through Thursday, and midnight Friday and Saturday. 5. That the hours of operation are Sunday through Thursday, 12 p.m. to 12 a.m., and Friday through Saturday, 12 p.m. to 2 a.m. 6. Should the use of trash facilities on neighboring properties be proposed, evidence of written permission shall be provided to the Planning Director. SUPPORTED by Dr. Wallace. MOTION CARRIED UNANIMOUSLY. RESULT: APPROVED WITH CONDITIONS [UNANIMOUS] MOVER: Laurel Joseph, Board Member SECONDER: Adrienne Wallace, Board Member YEAS: Rozeboom, Van Strien, Bersche, Joseph, Behler, Wallace, Williams ABSENT: Susan Shannon, Christopher Germain D. 158 W. Fulton St / 25 Ottawa Ave SW - Outdoor Seating Address: 158 W. Fulton St/25 Ottawa Ave SW Applicant: Social House Kitchen and Bar (Scott Esterline) Requesting: Approval to expand outdoor seating with alcohol service and live entertainment Zoning: TN-CC Traditional Neighborhood – Transitional City Center Requirements: Article 6 Mixed-Use Commercial Zone Districts 5.9.05. Alcohol Sales and Consumption 5.9.19. Live Entertainment 5.9.24. Outdoor Seating 5.12.08.E. Standards for Site Plan Review 5.12.09. Special Land Uses Case Number: PC-SLU-2022-0091 Staff Assigned: Elizabeth Zeller ezeller@grcity.us Type of Case: Special Land Use Effective Date: October 29, 2022 City Planning Commission Meeting Full Page 9 October 13, 2022 RESULT: WITHDRAWN VI. Planning Commission Discussion None. VII. Public Comment Rusty McKellar, Sign Fab, related that they received a notice of today’s hearing for 2255 Tecumseh SE, Shawnee Park Christian Reformed Church, to install an electronic message center sign on their property to replace an existing vinyl sign. They will comply with the display requirements per the ordinance. Mr. Van Strien clarified that that item is scheduled for the next meeting on October 27, 2022. VIII. Adjournment The meeting was closed at 1:34 PM