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Development Center City Planning Commission 1120 Monroe Ave NW Meeting Full Grand Rapids, MI 49503 October 27, 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, Joseph, Behler, Shannon, Williams, Al-Shatel ABSENT: Bersche, Wallace STAFF PRESENT: Kristin Turkelson, Sarah Behmlander, Laura Wahamaki, Assistant City Attorney Mike Hoeker and recording secretary Carol Gornowich III. Approval of Minutes A. Approval of Minutes from October 13, 2022 RESULT: ACCEPTED [UNANIMOUS] MOVER: Stacie Behler, Board Member SECONDER: Laurel Joseph, Board Member YEAS: Rozeboom, Van Strien, Joseph, Behler, Al-Shatel ABSENT: Kristine Bersche, Adrienne Wallace, Susan Shannon, Lawrence Williams IV. Business A. Planning Director's Report 555 Leonard St NW - Extension Request  Ms. Turkelson related that there has been a request for a six-month extension of the Special Land Use approval for the project at 555 Leonard St NW, 1211 Gezon NW, 1217 Gezon NW and 1221 Gezon NW due to the volatility of the market, product availability, etc. Motion by Ms. Behler, supported by Ms. Joseph, to grant a six-month extension of the Special Land Use approval for 555 Leonard St NW, 1211 Gezon NW, 1217 Gezon NW and 1221 Gezon NW. Yeas: 5. Nays 0. Abstention: 1 (Van Strien). Moton carried.  Agenda Items were briefly reviewed. Ms. Turkelson advised that staff is requesting three of the agenda items be postponed.  Introductions were made and new Planning Commissioner Salim Al Shatel was welcomed.  Ms. Turkelson related that Laura Wahamaki has been promoted to Planner I and they are in the process of filling her former position. V. Public Hearings beginning 1:00 p.m. or soon thereafter in City Commission Chambers, City Hall Generated 11/3/2022 1:05 PM City Planning Commission Meeting Full Page 2 October 27, 2022 A. Conflict of Interest – None. B. 13 McConnell SW - Optional Plan Review/Special Land Use Address: 13 McConnell St SW and 421 & 427 S Division Ave Applicant: McConnell GR LLC (Jon Morgan) Requesting: Optional Plan Review to modify the building element requirements in the TN-TCC Zone District to facilitate construction of a new 10 story building; and Special Land Use approval for on-site alcohol consumption; a microbrewery and/or distillery; package alcohol sales in association with a food hall; live entertainment; a banquet facility; outdoor food preparation and cooking, including food trucks; outdoor seating; and reductions for vehicle and bicycle parking. Zoning: TN-TCC (Traditional Neighborhood – Transitional City Center) Zone District Requirements: Article 6 Mixed-Use Commercial Zone Districts 5.9.05. Alcohol Sales and Consumption 5.9.15. Mobile Food Vending 5.9.24. Outdoor Seating Areas 5.12.08. Site Plan Review 5.12.09. Special Land Uses 5.12.14. Optional Plan Review Case Number: PC-OPR-2022-0082 Staff Assigned: Elizabeth Zeller ezeller@grcity.us Type of Case: Optional Plan Review/Special Land Use Effective Date: November 12, 2022 Ms. Behmlander related that staff is requesting postponement as further traffic study analysis is needed. Ms. Turkelson added that the requested postponement is until the 11/10/2022 meeting. Mr. Van Strien explained that since the matter was publicly noticed, the Planning Commission will hear public comment. Patricia Gardner and Kim DeStigter, 18 Goodrich SW, were present. Ms. Gardner expressed concern regarding the sale of packaged alcohol. This is a neighborhood with high homeless density issues, substance abuse, and alcoholism. Ms. Gardner related that she walks their property twice daily. This morning she picked up five empty alcohol bottles. The proposed project may lend value to the community and city but she asked that the Planning Commission be cognizant about the neighborhood that it enters and the high risk population there, and that there be caution relative to the package alcohol distribution that is already a very serious problem in that area of the city. Mr. Van Strien closed the public hearing. City Planning Commission Meeting Full Page 3 October 27, 2022 Motion by Ms. Joseph, supported by Ms. Behler to postpone open to the meeting of 11/10/2022. Motion carried unanimously. RESULT: TABLED OPEN [UNANIMOUS] MOVER: Laurel Joseph, Board Member SECONDER: Stacie Behler, Board Member YEAS: Rozeboom, Van Strien, Joseph, Behler, Shannon, Williams, Al-Shatel ABSENT: Kristine Bersche, Adrienne Wallace C. 3325 Plainfield NE - Gas Station Alcohol Sales, 24-hour Operation Address: 3325 Plainfield Ave NE Applicant: Kum & Go, LC (Ryan Halder) Requesting: Approval for a 24-hour vehicle fueling station and convenience store with the sale of beer and wine. Zoning: MON-C Modern Era Neighborhoods –Commercial Requirements: Article 6 Mixed-Use Commercial Zone Districts 5.9.05. Alcohol Sales and Consumption 5.9.38. Vehicle Fuel Stations 5.12.08.E. Standards for Site Plan Review 5.12.09. Special Land Uses Case Number: PC-SLU-2022-0088 Staff Assigned: Elizabeth Zeller ezeller@grcity.us Type of Case: Special Land Use Effective Date: November 12, 2022 Ms. Behmlander related that staff is requesting postponement until the 12/08/2022 meeting. After further review, further traffic study analysis is also needed for this case. Mr. Van Strien opened the public hearing and invited public comment; there was none. The public hearing was closed. Motion by Ms. Shannon, supported by Ms. Behler to postpone open to the meeting of 12/08/2022. Motion carried unanimously. RESULT: TABLED OPEN [UNANIMOUS] MOVER: Susan Shannon, Board Member SECONDER: Stacie Behler, Board Member YEAS: Rozeboom, Van Strien, Joseph, Behler, Shannon, Williams, Al-Shatel ABSENT: Kristine Bersche, Adrienne Wallace D. 2255 Tecumseh Dr SE - Electronic Message Center Address: 2255 Tecumseh Dr SE Applicant: Shawnee Park Christian Reformed Church City Planning Commission Meeting Full Page 4 October 27, 2022 Requesting: Approval for an electronic message center to be incorporated into an existing monument sign, located within a residential zone district. Zoning: MON-LDR Modern Era Neighborhoods–Low Density Residential Requirements: Article 5 Residential Zone Districts 5.12.08. Standards for Site Plan Review 5.12.09. Special Land Uses 5.15.10. Changeable Copy Signs 5.15.11. Signs in Residential Zone Districts Case Number: PC-SLU-2022-0092 Staff Assigned: Sarah Behmlander sbehmlander@grcity.us Type of Case: Special Land Use Effective Date: November 12, 2022 Ms. Behmlander introduced the request of Shawnee Park Christian Reformed Church to incorporate an electronic message center into an existing monument sign. Due to the proposed location of the electronic message center in relation to residential uses, the proposal is brought to the Planning Commission for Special Land Use review. Ms. Behmlander noted that the property is in the heart of a Low Density Residential Zone District. Located to the west is Grand Rapids Christian High School and to the north, east, and south is the residential neighborhood. Ms. Behmlander displayed a photo of the existing monument sign as well as a graphic of what is proposed. Based on the sign ordinance, all of the requirements are met. The structure meets the height requirement, the electronic portion is less than 50% of the overall sign, and the sign itself is set back from the street approximately 45 ft. and approximately 50 ft. from both drive aisles. The Planning Commission’s main points of consideration are the appropriateness of the electronic message center in the neighborhood, addressing any concerns that may be expressed today, as well as any potential impacts on the residential properties. Rusty McKellar, Sign Fab, was present on behalf of the request. He explained that the church would like to incorporate the electronic message center into the existing structure that is present. They are aware of the ordinance requirements in terms of height, size, and sight lines and those requirements are being met. The client is aware that because of the location in the residential area it will be important to adhere to the display requirements for the sign. Mr. McKeller explained that it is an adjustable sign that can be programmed remotely, turned on and off, and it has self-dimming features on it so in the evening it can dim itself down gradually until it goes out completely. They are running power to the sign that will come from an alternate source that has its own power switch. It will be on a timer and they have agreed in writing to comply with the display requirements. They have reached out to the neighbors directly across from the sign and those on either side and they have written documentation of support. Ms. Shannon asked if there will be any animation or only lettering. Mr. McKeller explained that the package would allow graphics but part of the ordinance requirements is that they cannot blink or flash. The sign is intended for information purposes only. They may have a flower or something similar displayed with the text Happy Mother’s Day but they will follow the ordinance in terms of flashing and blinking. City Planning Commission Meeting Full Page 5 October 27, 2022 Ms. Turkelson asked that Mr. McKeller confirm that his client is aware of and agrees to adhere to the display regulations with respect to the amount of time between messages, scrolling, blinking, etc. Mr. McKeller confirmed that they are. Mr. Van Strien opened the public hearing and invited public comment; there was none. The public hearing was closed. Ms. Joseph is pleased that the operators understand the Ordinance. This is not only near residential but within a residential neighborhood, adjacent to a lot of residential, and directly facing quite a bit of residential right across the street. She indicated that she had some concerns about that. She wished to confirm that the Ordinance would prohibit them from having the sign on between 11 p.m. and 6 a.m. She asked if the Planning Commission could further restrict that. Ms. Turkelson replied yes. As part of the Special Land Use consideration the Planning Commission would have the ability to impose additional use restrictions but she would encourage them to state why, such as the orientation of the sign directly facing residential vs. a perpendicular orientation. Ms. Shannon recognized that there doesn’t seem to be opposition from neighbors. However, it is a residential area on a residential street that doesn’t get a lot of traffic. She wondered who their audience is for this. Typically, electronic message center signage is on a major road where there is more traffic. Ms. Joseph noted that there was one letter. Mr. Van Strien recalled that they weren’t opposed to it but they did request additional restrictions, which he feels are appropriate. He is comfortable with it with additional restrictions on the time it is on, and considering it is as far back from the street as it is. Ms. Behler agreed with Mr. Van Strien. Given the distance from the road she is comfortable with the sign as long as the owner understands the restrictions. She also agrees with the proposed reduction in hours to 10 p.m. instead of 11 p.m. Ms. Behler MOVED, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves the Special Land Use and Site Plan Review request of Shawnee Park Christian Reformed Church to install a new electronic message center at 2255 Tecumseh Dr SE, for the following reasons: 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 sign will support the purpose and intent of the sign ordinance. 2. The proposed use will meet the Site Plan Review Standards of Section 5.12.08.E. because the proposed sign is to meet all setback, area, and height requirements. 3. The proposed use will be compatible, harmonious and appropriate with the character and uses of the neighborhood, adjacent properties, and the natural environment City Planning Commission Meeting Full Page 6 October 27, 2022 because the proposed sign will be scaled, sited and architecturally designed in a manner consistent with the character and development within the area. 4. The proposed use will not have potentially adverse effects on the neighborhood because the proposed sign will not have detrimental effects on residential uses across the street. 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 glare or visual clutter because electronic sign functions will operate in accordance with the regulations for electronic message centers and the proposed new sign will meet all requirements of the Zoning Ordinance. 6. The building and site area required for the proposed use will retain as many natural features of the landscape as practicable, particularly where the natural features assist in preserving the general character of the neighborhood because the installation of the proposed sign will not entail major excavation and lighting levels will be limited under operational requirements of the Zoning Ordinance. 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. 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 proposed sign will comply with all operational requirements of Section 5.15.10. Changeable Copy Signs, including display regulations, light levels, and permitting requirements. 3. That a sign permit shall be obtained and an Electronic Message Center Requirement Agreement be completed prior to the installation of the new sign. 4. That the sign shall discontinue to display between the hours of 10:00 p.m. and 6:00 a.m. given its orientation to the street, visibility to residential dwellings across Tecumseh Dr, and its placement on a residential street. SUPPORTED by Mr. Rozeboom. MOTION CARRIED UNANIMOUSLY. City Planning Commission Meeting Full Page 7 October 27, 2022 RESULT: APPROVED WITH CONDITIONS [UNANIMOUS] MOVER: Stacie Behler, Board Member SECONDER: Paul Rozeboom, Vice Chairperson YEAS: Rozeboom, Van Strien, Joseph, Behler, Shannon, Williams, Al-Shatel ABSENT: Kristine Bersche, Adrienne Wallace E. 1256 Walker Ave NW - Residential Rehabilitation Facility Address: 1256 Walker Ave NW Applicant: Copper Rock Construction (Matthew Hall) Requesting: Approval to operate a residential rehabilitation facility in a residential zone district. Zoning: TN-LDR (Traditional Neighborhood-Low Density Residential) Requirements: Article 5 Residential Zone Districts 5.9.29. Residential Rehabilitation Facilities 5.12.08. Site Plan Review 5.12.09. Special Land Use Case Number: PC-SLU-2022-0093 Staff Assigned: Sarah Behmlander sbehmlander@grcity.us Type of Case: Special Land Use Effective Date: November 12, 2022 Ms. Behmlander presented the request of Copper Rock Construction, on behalf of Our Hope, for approval to operate an inpatient residential rehabilitation facility for women in the TN-LDR Zone District. Residential rehabilitation facilities in residential zone districts require Special Land Use approval. Ms. Behmlander displayed the zoning map noting that the property in question is located in a Low Density Residential Zone District and is basically surrounded by the same zone district, with the exception of a Mixed-Density Residential Zone being across the street. Ms. Behmlander displayed a photo of the property identifying the location as the corner of Walker and Van Buren NW. No exterior modifications are being proposed. The site is 1.5 acres and the existing building is three stories. The property was most recently used by Hope Network as an outpatient facility for children and adults. The only exterior modification proposed is restriping the parking lot. Ms. Behmlander displayed the survey noting that there is access from Walker Ave as well as from Van Buren Ave. There is also a curb cut off of Valley that leads to the dumpster enclosure; it is not an access point for visitors or staff. There is an approximately 19,000 sq. ft. activity/outdoor/recreation space that has a walking path, gazebo and some benches for gathering outside. She noted that it is entirely fenced off and fenced off from the parking lot. Ms. Behmlander pointed out the abundant landscaping on the site and masonry fencing along the perimeter. With the exception of the access points and the front entrance, it is basically screened and enclosed. Based on calls and letters received from residents nearby, the greatest area of concern would be that the residents of the facility would be loitering outside or walking freely within the neighborhood at night. The applicant has indicated that residents will not be able to exit the City Planning Commission Meeting Full Page 8 October 27, 2022 property without a staff member. They wished to express the point that this is an inpatient facility and the emphasis is to keep residents on site to get the treatment they need, not to roam the neighborhood. Patients are referred by community mental health agencies across the state. An assessment is done to determine if the facility is appropriate for their treatment. The intake process occurs Monday through Friday, between 9 a.m. and 5 p.m. Walk-in patients are not accepted. They would not be doing intake at night disturbing nearby residents. Once a patient is authorized to participate in the program, they complete an extensive intake process, biopsychological assessment, and a treatment plan. Ms. Behmlander asked that the Planning Commission further explore the facility’s plan for the discharge process. There have been some rehabilitation facilities in the city where patients that have been discharged didn’t necessarily have secured transportation. Ms. Behmlander related that the property would house up to 45 patients. They would not be able to leave the facility after 10 p.m. or before 6 a.m. Ms. Behmlander explained that renovations proposed for the building are generally minor modifications such as a new kitchen placement, modifications to some of the rooms, and simple modifications on the third floor to the laundry room and bathroom. The Planning Commission’s emphasis is on the use and not so much the site or building elements. Ms. Behmlander related receipt of a letter of support from the West Grand Neighborhood Organization. Additionally, staff received several calls and an email with concerns from the neighborhood. Key considerations were identified as the impact on adjacent and nearby residential properties and neighborhood concerns that may be identified during public comment. Heather Greko, Executive Director of Our Hope, stated that she has been at Our Hope since 2016 but has worked in behavioral healthcare for the past 18 years. Our Hope treats mothers and adult women but they also treat babies. They have pregnant women who come into the program, go to the hospital and then return and stay with them, or women who have just delivered and come from the hospital with their infants. They teach life skills, parenting classes, and safe sleep. Our Hope has support from the State of Michigan and a number of community resources because they are known for being one of the best programs across the state. It is unique that the women can stay with Our Hope for three months. Most treatment centers are more of an in and out program. Three months is a substantial amount of time. They also have scholarship funding set up so that if the women and their children need more time with Our Hope they can stay longer. They make it their mission to help people regardless of their ability to pay and, when they leave the program, to have the safest after-care plan set up for them and their continued recovery. Margaret Leiber related that she and her family have lived directly adjacent to Our Hope for 33 years. They have been good neighbors and are responsive any time there is a difficulty, most of which has been parking, although that is not unusual in the neighborhood. They respond immediately if there is any reason to make any kind of complaint, which there really hasn’t been other than parking issues. Ms. Leiber stated that they are also very well directed. Every Director that has been there have been very fine people and nice neighbors to talk to. Ms. Leiber expressed her understanding of the neighborhood concerns. They had some hesitation when they moved into their house that this was an institution and not just an ordinary house. She related that her husband is a Circuit Judge and would send people to Our Hope and they didn’t get to stay if City Planning Commission Meeting Full Page 9 October 27, 2022 they weren’t doing well. That didn’t become an issue either. They were concerned that that might be awkward but it has never been a problem. Ms. Leiber indicated that if anyone would like to talk with her about their experience, she would be happy to do so. Matthew Hall, Copper Rock Construction, commented on the parking relating that they estimate being able to provide approximately 45 parking spaces after restriping. His understanding is that the maximum number of employees will be approximately 30 so there will be ample parking. With the main entrance being on Walker there won’t be a large traffic disturbance for the neighborhood, which was one of the questions the West Grand Neighborhood Organization had. Mr. Van Strien asked that the discharge process be explained. Ms. Greko explained that their current process is that the clients meet with their therapist to develop an after-care plan, which includes outpatient therapy, transitional housing, follow-up AA or NA meetings, doctor appointments they may have, and who their healthy supports are. Our Hope actually provides transportation as well. They are currently operating from two locations and they have a case manager at each location that is responsible for transportation. They also utilize Uber services if there is a need for transportation while clients are inpatient. A staff member is with them to ensure they reach their second follow-up location safely. Ms. Greko explained that they also do the after-care planning even if a client doesn’t graduate from the program. They still meet with a staff member because they are still trying to help them and connect them with as many resources as possible. Ms. Shannon asked if intake and discharge are only done between 8-5; business hours. Ms. Greko replied affirmatively. They schedule all of their discharges at 9 a.m. Occasionally there is a need for an alternate time, such as someone having to drive 8 hours to pick up a loved one but, in general, they try to do them first thing in the morning. Ms. Behler asked that Ms. Greko speak to visitation hours. Ms. Greko explained that currently, with COVID, they are only offering visitation for children and that is also 9 a.m. to 5 p.m. They will explore whether they will have any additional visitation with parents and loved ones but they would keep it during the business hours. Ms. Greko wished to add that the clients are not allowed to have cars on site. The reason there is such an issue with parking at their Heritage Hill location is because they only have six parking spaces there. This site will be a drastic improvement to that. Ms. Joseph asked what kind of resources or care is provided to the infants that may be in residence at the facility. Ms. Greko replied that Our Hope is also a women’s specialty provider and there are services throughout the State of Michigan associated with that. They partner with CPS and the State of Michigan to offer safe sleep. They also work with the Michigan Dept. of Health and Human Services for benefits for the clients, which often times will include formula and diapers. The State can also provide cribs. City Planning Commission Meeting Full Page 10 October 27, 2022 Ms. Joseph clarified that it isn’t like daycare and the infants are with their parents the entire time. Ms. Greko replied affirmatively. Ms. Turkelson asked about the anticipated use of the outdoor space. She also asked what their neighborhood engagement efforts involved. Ms. Greko stated that they are very excited about the outdoor space; it is beautiful. They are currently working with a landscape company to clean it up. There is a pond on the property that they plan to fill in due to safety concerns. They will also leave it completely fenced in. The clients will have scheduled time to be in the outdoor area but it will always be with a staff member. They won’t have the freedom to just go out there alone. Ms. Greko added that they have an activity schedule that begins at 6 a.m. and ends at 10 p.m. and it is filled. Occasionally there may be some free time but they participate in group therapy, individual therapy, and a lot of work for them during the day. If there is free time and they want to enjoy the outdoor space it would be supervised by a staff member. As to community engagement their pre-COVID efforts, which they have recently resumed, include volunteer opportunities once a month where they take the clients into the community and volunteer at a local non-profit. Their most recent was with Feeding America and they will try to continue taking the residents out to provide some form of community service. As far as community members coming in, they have had the chef from Spectrum come in to teach cooking classes and women volunteers have been coming in for 16 years to teach sewing. They try to be good neighbors and good community members. Ms. Turkelson asked specifically what outreach they’ve done with immediate neighbors to discuss this project moving to this location. Mr. Hall replied that it has primarily just been communication with West Grand Neighborhood Organization. They presented at the September meeting and it was well received. They haven’t done door knocking with immediate neighbors. Ms. Turkelson asked if there will be any programmatic elements or classes that would be open to any community members beyond residents/clients staying at the facility. Ms. Greko replied that they don’t currently offer that. They typically host an alumni picnic but that takes place off-site at a park. Ms. Turkelson advised that if they were to open any such opportunities to the public it would be an expansion of the currently proposed use and would have to return to the Planning Commission for consideration. Ms. Greko expressed her understanding. They are hopeful in the future to do some family programming but it isn’t set up yet and they would bring that back if they do. Erica Porter, Our Hope, related that she is the Operations Director. She is in support of this expansion and being able to help more women in the community. Ms. Porter shared that she is a person in long-term recovery. She graduated from Our Hope’s program in 2010 and has celebrated over 11 years in long-term recovery. She tried other rehab facilities before Our Hope City Planning Commission Meeting Full Page 11 October 27, 2022 and none of them stuck because they weren’t long term. She personally needed the long-term therapy and learning to do things differently. She returned to Our Hope to volunteer a couple years after graduating the program and was offered a part-time job, which led into a full-time job. She has worked her way up through the organization and is now Operations Director. Mr. Van Strien opened the public hearing and invited public comment. Nancy Norden, resident on Valley, related that she is present representing herself as well as other neighbors that were unable to attend. She stated that they have many concerns about this. She recalled testimony that this wouldn’t affect traffic. However, traffic is already bad in that area, especially on Valley. They are getting a new street and they are hoping to slow traffic down but it is a problem. Ms. Norden asked if this will change the zoning from residential to commercial. Ms. Norden recognized that the applicant has already purchased the building so they feel this request is coming after the fact. Is this just an exercise of going through the motions? They are also concerned about the court ordered residents. Will that cause problems? Are they coming out of an abusive relationship where abusive significant others may be coming around and causing problems? Matthew’s House, located in the area where Walker turns into Stocking, has brought a lot of problems into the neighborhood. There are now a lot of homeless sleeping in the area of Stocking and Alpine. The neighborhood is struggling and they are concerned about what this facility might add to that. Mr. Van Strien closed the public hearing. He asked that Ms. Turkelson address the zone change question. He also recalled that the previous use was approved with 45 parking spaces. He asked what the potential traffic impact may be, relative to what it was previously approved for. Ms. Turkelson addressed the question of changing the zoning. This is not a request to rezone the property and it does remain residentially zoned. Within residential zone districts there are certain uses that are permitted beyond the typical residential uses. Those uses include social service facilities and residential rehabilitation facilities. Those types of uses listed in the residential zone district are considered Special Land Uses, which means they need review and approval by the Planning Commission with a public hearing. Special Land Uses are typically looked at as they may be appropriate within the zone district but it may be subject to the location within the district, it may be the operational restrictions or conditions that make it appropriate, and it is really a review by the Planning Commission considering the standards and some of the regulatory use requirements associated with that particular use. With respect to traffic, comparing the proposed use to the previous, the previous use likely had a lot more in and out traffic as a social service facility. With the description of the proposed use today, and the residents not having personal vehicles on-site, and intake and discharge being limited to certain times of day, the traffic would basically only result from the employees coming and going to the facility. The Planning Commission may wish to ask the number of employees per shift and what shift change looks like. That answer may provide a better gauge as to anticipated traffic. Ms. Behmlander added that the previous use was outpatient so they had patients coming and going during business hours. The proposed use is inpatient and none of the residents will have vehicles. They are anticipating approximately 15 employees per shift. City Planning Commission Meeting Full Page 12 October 27, 2022 Ms. Greko clarified that the 30 employees mentioned was the total. They are staffed 24/7 but have substantially lower staff numbers during second and third shifts. For first shift, fifteen would be the approximate number and likely eight for second- and five for third-shift, depending on their capacity. Ms. Greko responded to additional questions raised during public comment. With respect to the purchase, she explained that they purchased the property from Copper Rock but have a clause with them that if they don’t receive the necessary approvals Copper Rock will purchase it back. As far as traffic, the clients will not have cars on site and she feels their staff are all responsible drivers. Ms. Greko added that she grew up on the west side and attended West Catholic High School. She recalls running home and taking Valley and she feels that traffic has always been a concern. She doesn’t feel they would add to it in a negative way. If anything, she feels they would strengthen the area by the services they provide. Finally, with respect to court ordered clients, they do receive some court ordered clients. The probation officers want to send the women to Our Hope because they are one of the programs with the highest success rates for treating women. They have to do weekly reports with the probation officers about progress. There are times when the probation officer comes back to pick a client up if they aren’t engaging but they stay on top of it by monitoring how well they are doing. There is an open communication channel for making sure they are meeting all of the requirements that they need to meet. Ms. Greko stated that she can’t guarantee that an abusive ex won’t show up but she also can’t guarantee that an abusive, disguised, mom wouldn’t show up pretending to do something nice when they really aren’t a supportive person. The precautions they have in place is that they do COVID screening for every visitor, drug screens for every visitor, and they have to sign code of ethics and confidentiality. They document who is coming into the building, they get their ID, and if for any reason there is an issue with the screenings, they aren’t allowed in. Ms. Shannon wished to augment the discussion on the potential of abusers being a threat. She related that she was the Director of the YWCA, which has a women’s shelter for domestic violence in Heritage Hill that has been there since 1977. What they found, which is also shown in other studies, is that abusers abuse when no one else is watching, other than perhaps their children but they do not, for the most part, do something when there is protection or access to security. They know those boundaries and don’t want to get in trouble when someone may see them. When the program began in Heritage Hill there were some of those same questions. Ms. Turkelson asked the applicant about emergency service vehicle needs/frequency. Ms. Porter replied that they currently have two locations. Typically, they wouldn’t have emergency vehicle response unless absolutely necessary, such as a client with chest pain that has a history of heart issues. If there is something they feel needs immediate attention they would call medical and have an ambulance come on site. However, typically they have a staff member they would send with a client to the ER if something came up. Ms. Greko added that they did have the fire dept. respond to one of their locations twice recently but it was because they were doing a cooking class and the smoke alarm went off. That type of thing does happen occasionally. They have been in the Lyon St. location since 1972 so they are well established. She has interviewed a number of people that had no idea they were located there. Additionally, she would hope that having Ms. Leiber’s testimony of being their neighbor for 33 years is an accurate reflection of what they bring to the community and who they are. City Planning Commission Meeting Full Page 13 October 27, 2022 Mr. Van Strien invited Planning Commission discussion. Ms. Joseph indicated that she is comfortable with this use in this location. She appreciates the applicant’s willingness to answer questions and address traffic questions. Ms. Joseph doesn’t feel traffic will be an issue based on the numbers anticipated per shift and that patients aren’t allowed to have vehicles. She also appreciates that they arrange transportation for those that are discharged. In the future she would suggest direct outreach with neighbors and not just working through the neighborhood association. Mr. Van Strien related that he lived a block from this location for several years. It was always quiet and he wondered if anything was going on on the property, which he believes is partly how the property is designed and utilized. He doesn’t feel that will change with this use. The use shouldn’t have negative impact on the neighborhood. In fact, with inpatient services that they provide and the number of staff they are projecting, he believes it will have a lesser traffic impact that the previous use. He is supportive and would hope that some open dialogue with neighbors can occur so that any concerns can be alleviated and addressed. Ms. Behler agreed. She is particularly supportive in light of limitations on visitation hours, the absence of resident vehicles and the overall restrictions and access to the facility. Ms. Shannon indicated that she was very interested to hear about their program. With this beautiful setting it provides an opportunity to expand services in a way that she doesn’t believe will have a negative impact on the neighborhood because of their programming and operations. It sounds like a quiet residential program with limited traffic. The idea that women can bring their infants shows a commitment to a population not often seen in these types of facilities. Ms. Joseph MOVED, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves the Special Land Use request of Copper Rock Construction (Matthew Hall) to operate a residential rehabilitation facility at 1256 Walker Ave NW, for the following reasons: 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 preserve the quality of life for residents and visitors and promote the rehabilitation and reuse of existing buildings. 2. The proposed use will meet the Site Plan Review Standards of Section 5.12.08.E. because existing site conditions provide adequate screening and buffering from adjacent residential uses and only interior building improvements have been 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 is anticipated to be a low-impact residential and rehabilitation use and no environmental site changes are anticipated. 4. The proposed use will not have adverse effects on the neighborhood because the voluntary nature of the proposed use will result in active participation by the residents and will limit undesirable activity on the property. Additionally, the proposed intake and discharge plan takes place between 9 a.m. and 5 p.m. and routinely discharge City Planning Commission Meeting Full Page 14 October 27, 2022 occurs at 9 a.m.; transportation is coordinated through the facility; visitor hours are restricted; and supervision is provided for patients leaving the facility. 5. The proposed uses will not be detrimental, hazardous, or disturbing to existing or future uses or to the public welfare by reason of excessive traffic, noise, or visual clutter because the proposed use is not anticipated to result in excessive traffic, noise, or other impacts and residents will be accompanied by a staff member at all times outside the facility. 6. The building and site area required for the proposed use will retain as many natural features of the landscape as practicable, particularly where the natural features assist in preserving the general character of the neighborhood because no exterior changes to the existing building are anticipated and adequate landscaping already exists on the site. 7. The proposed use will not be detrimental to the financial stability and/or economic welfare of the City because no additional burden is expected with the establishment of this use. 8. The proposed use would not be detrimental to the financial stability and economic welfare of the City because no additional City services will be required on any regular basis. 9. The proposed use will comply with all other applicable City ordinances and policies and all applicable State laws because the City has been encouraging of providing services of this nature, along with other related programs. 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. 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. The visitation hours shall be limited to 9 a.m. to 5 p.m. daily. 3. That all outdoor activities shall terminate by 9 p.m. daily. City Planning Commission Meeting Full Page 15 October 27, 2022 4. That the use shall accommodate no more than 45 inpatient residents at any one time. 5. That all inpatient residents will have necessary transportation services provided or coordinated prior to discharge. SUPPORTED by Ms. Behler. Ms. Turkelson suggested, for the Commission’s consideration, some additional findings pertaining to not having adverse effects on the neighborhood: The proposed intake and discharge plan takes place between 9 a.m. and 5 p.m. and routinely discharge occurs at 9 a.m.; transportation is coordinated through the facility; visitor hours are restricted; and supervision is provided for patients leaving the facility. Ms. Joseph Amended the motion to include those findings. Supported by Ms. Behler. MOTION CARRIED UNANIMOUSLY. RESULT: APPROVED WITH CONDITIONS [UNANIMOUS] MOVER: Laurel Joseph, Board Member SECONDER: Stacie Behler, Board Member YEAS: Rozeboom, Van Strien, Joseph, Behler, Shannon, Williams, Al-Shatel ABSENT: Kristine Bersche, Adrienne Wallace F. 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 indicated that staff is requesting a postponement of this agenda item. An access point and/or easement analysis and discussion is needed at this time. Postponement is requested until the 12/8/22 meeting. Mr. Van Strien invited public comment; there was none. The public hearing was closed. Motion by Ms. Behler, supported by Ms. Joseph, to postpone to the 12/08/2022 meeting. Motion carried unanimously. City Planning Commission Meeting Full Page 16 October 27, 2022 RESULT: TABLED OPEN [UNANIMOUS] MOVER: Stacie Behler, Board Member SECONDER: Laurel Joseph, Board Member YEAS: Rozeboom, Van Strien, Joseph, Behler, Shannon, Williams, Al-Shatel ABSENT: Kristine Bersche, Adrienne Wallace VI. Planning Commission Discussion VII. Public Comment VIII. Adjournment The meeting was closed at 2:00 PM