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Development Center City Planning Commission 1120 Monroe Ave NW Meeting Full Grand Rapids, MI 49503 September 14, 2023 City Commission Chambers I. 12:00 p.m. - 12:30 p.m. - Lunch - Conference Room 901, City Hall, 300 Monroe Ave NW II. Business - 12:30 p.m. A. 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, Wallace, Shannon, Williams, Jonker ABSENT: Al-Shatel STAFF PRESENT: Kristin Turkelson, Elizabeth Zeller, Laura Wahamaki, Sarah Behmlander, Al Romero-Gibu, Assistant City Attorney Mike Hoeker, and recording secretary Carol Gornowich B. Approval of Minutes i. Approval of Minutes from August 10, 2023 RESULT: ACCEPTED [UNANIMOUS] MOVER: Paul Rozeboom, Vice Chairperson SECONDER: Kristine Bersche, Board Member YEAS: Rozeboom, Van Strien, Bersche, Joseph, Wallace, Williams, Jonker ABSENT: Susan Shannon, Salim Al-Shatel . Officer Elections for 2024 · Election of Officers - The Planning Commission unanimously elected Mr. Rozeboom as Chair, Ms. Joseph as Vice-chair, and Dr. Wallace as Secretary. D. Planning Director's Report · Ms. Turkelson provided an update on the Master Plan process. Round two has been concluded. The Planning Commission will receive a copy of the presentations and summary of information received in round two, which was further refining the objectives, goals, and vision statement. Planning Next will be present the week of October 12 providing an update to the City Commission, the Steering Committee, and the Planning Commission. Round three will begin in November with town hall style events in each ward. The anticipated completion date for the Master Plan update remains on schedule for June 2024. Mr. Rozeboom shared his observations. Attendance at the Steering Committee meetings continues to be low. There has been a bit of attrition, which results in those that care to be there being present and quality discussions. He wishes there were more voices in the room. He has also observed that City staff, Planners as well as those from other departments, is well represented. He is proud of what the City has done. There are very qualified resources on every topic in the room each time, in addition to the consultants. They are very willing to engage and listen to the conversations taking place. Generated 9/18/2023 9:56 PM City Planning Commission Meeting Full Page 2 September 14, 2023 Ms. Turkelson agreed that attendance is disappointing. It is a big commitment. A 50-member steering committee was likely a bit bigger than many would have recommended. It isn’t necessarily surprising that there has been some attrition. It is less concerning to Ms. Turkelson that it is happening now since they are beginning to move into the meat of the plan now and a lot of that information is under subject matter expertise. They have gotten a lot of good big picture feedback from the Steering Committee at the beginning, as well as a template for what the expectations on engagement are, which was one of their key roles; to ensure connection with the community. · The second August meeting was cancelled due to lack of quorum. That discussion will occur at the 9/28/23 meeting. The focus will be on Accessory Dwelling Units and dwelling unit occupancy. · Ms. Turkelson noted the correspondence regarding a potential development near Huff Park that was included in the Planning Commission’s packet. The department has not received a formal application but correspondence continues to come in and staff is sharing that with the Planning Commission anticipating a future application. · 233 College SE - Ms. Turkelson related that staff received a request from Guiding Light to operate a recovery residence at this location. A recovery residence is a sober living home protected through the American Disabilities Act as well as Fair Housing law. Recovery residences have the ability to apply for a reasonable accommodation, which is effectively a waiver of the ‘no more than four unrelated individuals’ citing therapeutic and financial benefits to the operation. There was a significant amount of neighborhood objection to the request, even though there is no neighborhood input process. Guiding Light was proposing 12 individuals reside in the home and residents would be there for approximately four months. After review and consultation with the legal department, the application was denied stating that the elements of the application were actually for a transitional use and not a single-family residential use. The denial letter was issued to Guiding Light and was shared with the neighborhood. Ms. Zeller added that staff previously approved two recovery residences for Guiding Light on Union but the operation of those two was different than what was proposed for College. Ms. Turkelson indicated that they may resubmit as she believes they purchased the home. It will be evaluated on a case-by-case basis. III. Public Hearings beginning 1:00 p.m. or soon thereafter in City Commission Chambers, City Hall A. Planning Commission Discussion A. 1109 Michigan St. NE - Extension Request On February 23, 2023, the Planning Commission considered the request of Agri-Med LLC (Greg Maki) for a six-month extension to PC-SPR-2021-0099, which was to expire on March 10. The Planning Commission approved the request, which expires September 26, 2023. City Planning Commission Meeting Full Page 3 September 14, 2023 The applicant is now requesting a second six-month extension of the Site Plan Review approval. Granting the extension as requested would give the applicant until March 26, 2024, to substantially commence work on this project. Chronology On January 8, 2020, the Planning Commission granted Special Land Use approval to Agri-Med LLC (Greg Maki) for a medical marihuana provisioning center at 1109 Michigan St NE (PC-MSLU-2019-0029). Because the proposed facility was approximately 750 feet from Fuller Park, a sensitive use as defined by the Zoning Ordinance, a waiver to the 1,000- foot separation distance from a sensitive use was granted in association with the medical marihuana approval. On April 8, 2021, the Planning Commission granted Special Land Use approval to add a recreational marihuana retailer use at this same location (PC-MSLU-2020-0094), with the previously granted separation distance waiver applied. On March 10, 2022, the Planning Commission granted Site Plan Review (PC-SPR-2021-0099) approval to amend the approved site plan associated with the proposed marihuana provisioning center and retailer. The site plan modifications were requested because upon commencement of construction, it was determined that the building was in structural disrepair and was not financially viable to rehabilitate. On October 13, 2022, the Planning Commission considered a request for a Special Land Use amendment (PC-SLU-2022-0086) to eliminate the condition of approval that required a secondary access to/from Fuller Avenue. As a result of unresolved discussions regarding easement access with the owner of the Family Dollar parcel at 1121 Michigan St NE to the south, the applicant requested the matter be postponed on four instances. On March 14, 2023, Agri-Med formally withdrew this request. Extensions Sections 5.12.08.F.6.b. and 5.12.09.H.2.a. of the Zoning Ordinance specify that a Final Site Plan Review approval and Special Land Use approval shall be valid for a period of one (1) year, in which time a LUDS and/or building permit shall be obtained and the first phase of construction substantially commenced. However, Section 5.12.08.F.6.c. of the Ordinance also allows the Planning Commission to grant up to two (2) extensions of up to six (6) months each if the Planning Commission finds that the extension is warranted to circumstances beyond the control of the applicant. Lastly, per Section 5.12.09.H.2.c., once an approved extension(s) expires and no action is taken towards establishing the use, the marihuana Special Land Use(s) approval shall expire at that location. City Planning Commission Meeting Full Page 4 September 14, 2023 Key Considerations The extension request under consideration is for the Site Plan Review approval. Although the Special Land Use approvals for the marijuana uses have expired, the Site Plan Review approval from March 2023 maintains the validity of the Special Land Use approvals. If the Site Plan Review extension expires on September 26, 2023, the applicant must now demonstrate active progress towards establishing the use to avoid the expiration of the Special Land Use approvals. Should the marihuana use expire, the Planning Commission must remember that starting on September 29, 2020 the City no longer allows the issuance of sensitive use waivers. The proximity of this location to Fuller Park will render this parcel ineligible for future marihuana zoning approvals. Both medical and recreational marihuana Special Land Uses and Site Plan Review approvals were conditioned on permanent access to the site via both Michigan Street and Fuller Avenue. To date, the applicant has yet to provide substantial proof that these access agreements have been secured. The Planning Commission must determine whether the reasons provided by the applicant to request this second six-month extension are circumstances beyond their control that impact their ability to establish the marihuana use(s). Ms. Zeller recalled that this case was before the Planning Commission for consideration of Special Land Use requests for both medical and recreational marijuana uses. As the applicant began construction, they realized the building on site was in very poor repair and was unable to be salvaged. They submitted an application for Site Plan Review of a revised site plan. Ms. Zeller displayed an aerial image noting that there was a small building on the site. The Planning Commission approved development of a new building on the east part of the site vs. the west side. That approval was granted on March 10, 2022. The applicant requested and was granted an extension, which expires soon. The applicant is present requesting a second extension. The Zoning Ordinance permits up to two six-month extensions. The Planning Commission should keep in mind that if an extension is not granted the project will not be able to proceed since this location necessitated a separation distance waiver from a sensitive use, which was Fuller Park. The Zoning Ordinance has since been amended and separation distance waivers have been eliminated from the Zoning Ordinance; the Planning Commission no longer has the ability to grant separation distance waivers. If the approval expires, this site will not have the ability to pursue a cannabis use. Attorney Alan Green and James Fisher were present on behalf of the request. Mr. Green noted that this has been a difficult and unusual process. As stated, they received approvals for the project and began the project to rehabilitate a former car repair facility. When they began construction, they realized the building wasn’t salvageable. They designed a new building and returned to the Planning Commission with what was a much better project. The building was in a better location, allowed better parking and circulation. As part of the approval, the Planning City Planning Commission Meeting Full Page 5 September 14, 2023 Commission required that they obtain a secondary access easement to the rear of the property across 1135 Michigan. They had a commitment from the owner of 1135 with cross access parking. The owner of 1135 Michigan had visions of building a hotel on the site and anticipated a need for parking. That project never went forward and Mr. Green doesn’t believe there is any project planned at this time. The owner refused to enter into the access easement that the Commission required for the project. At that point they submitted a request to amend the Special Land Use and Site Plan approval to eliminate the secondary access. Another issue then arose. Mr. Green noted that the sole access to the subject site is across property known as 1121 Michigan St., which is a Dollar General store. Under the old easement agreement that covered that access there was a provision that allowed the owner of that property to be able to block the easement periodically, without any time frame specificity, to allow trucks to load and unload at the Dollar General store. Mr. Green is not aware of how that was ever approved originally. That blockage posed a problem for any type of commercial use on the subject property. They began negotiations with the owner of 1121 Michigan with the intent of curing all the access problems there. They have been working with the neighbor and mutual engineering consultants. They have devised a new cross access easement concept. Instead of having the single access drive they would have two access drives; one in and one out. It would be very efficient, address the issue of conflicts with the trucks, and they would move their building back to the west side of the property and there would be more room they would preserve for trucks or others to gain access. Another complication is that 1121 Michigan also has a license agreement with 1135 Michigan for 1135 to cross the 1121 property to get to Michigan Street. They are trying to accommodate that in the agreement as well. The final issue that complicates the matter somewhat is that one of the benefits for the neighbor at 1121 Michigan is the future redevelopment of their property. If the Dollar General lease ends, or they move, it is a perfect area for redevelopment. However, the location of the current easement would interfere with that. They also have a sign easement that would interfere with that. Mr. Green explained that the whole purpose of the new design is to accomplish the current purpose of providing a proper cross access easement and a secondary revision that would allow for proper access toward the western side of the property in the event that 1121 Michigan redevelops. Mr. Green stated that the process has been very slow. They received their extension on March 10. Later in March he sent a new plan and easement document to the attorney for 1121 Michigan and it took several months to get it back. They came back with some revisions to the plan as to where the drive should be located and an easement document. That occurred in July. Mr. Green realized in August that they wouldn’t be far enough along by the time the extension expires, which is when he submitted the request for the second extension. The easement agreement has to be completed and they will then return to the Planning Commission for an amendment to the site plan. They will be changing the entire access from a single access to a dual in and out and moving the building to the other side of the property. The plans for that are prepared and it is a great solution for both properties. Mr. Green related that they have a huge investment in this project. Ms. Turkelson asked if part of the future Site Plan Review amendment will include a request to eliminate the second means of access to Fuller. Mr. Green replied affirmatively. They won’t have that access but they will have dual access to Michigan Street. He has been told by City Planners that in order for 1135 Michigan to develop the kind of project they were initially proposing, which included multi-family residential, they City Planning Commission Meeting Full Page 6 September 14, 2023 need a building on Fuller. There isn’t much space on Fuller and if placing a building on Fuller there really are no access opportunities so they would be sharing access next to the pharmacy. Ms. Turkelson summarized that the Planning Commission is being asked to consider a second/final extension that would allow the developer time to continue to work with Ms. Terpstra to provide the dual access to Michigan Street with the hope that would mitigate for the need of the second means of ingress/egress to Fuller. The Standard for the Planning Commission would be that they find the extension is warranted due to circumstances beyond the control of the applicant. In this particular case the argument is that there is ongoing negotiations with the adjacent property owner that they need more time to flush out in order to produce a plan that should improve access for them. Mr. Van Strien asked if the clock would start over if the request for Site Plan Review amendment is granted in the future; an additional year and potential extensions beyond that year. Ms. Turkelson replied that she believes that would be the case because it would be a new site plan and/or an amendment to the Special Land Use. Ms. Joseph MOVED TO APPROVE the extension request. SUPPORTED by Dr. Wallace. MOTION CARRIED UNANIMOUSLY. B. Conflict of Interest - None C. 1590 Plainfield Avenue NE - Wine Shop Address: 1590 Plainfield Avenue NE Applicant: Good Good Good LLC (Jon Benedict) Requesting: Approval to establish a new retail wine shop with on-site consumption. A parking waiver is also requested. Zoning: TN-TBA Traditional Neighborhoods – Traditional Business Area Requirements: Article 6 Mixed-Use Commercial Zone Districts 5.9.05. Alcohol Sales and Consumption 5.10.05. Reductions in Parking Requirements 5.12.08.E. Standards for Site Plan Review 5.12.09. Special Land Uses Case Number: PC-SLU-2023-0062 Staff Assigned: Laura Wahamaki lwahamaki@grcity.us Type of Case: Special Land Use Effective Date: September 30, 2023 Ms. Wahamaki introduced the request for a new retail wine shop, with on-site consumption, in association with a retail flower shop and a space to host workshops for people to come in for flower arranging classes and wine tasting. The property is in the TN-TBA Zone District. The Future Land Use map identifies the area as Traditional Business Area. It is surrounded by some residential and there are some houses in the TBA zoned area as well; there are houses to the north, east and west of the subject site. There is a laundromat across the street on Plainfield and an auto repair shop directly adjacent to the south. The property is located on the east side of City Planning Commission Meeting Full Page 7 September 14, 2023 Plainfield, just south of Sweet Street. The property is slightly over 4,000 sq. ft. and is improved with a 2,000+ sq. ft. single-story brick building. The building has original storefront windows and doors but is in extreme need of renovations. The building has been vacant or underutilized for a number of years and has not been used as a storefront for some time. It is the applicant’s intent to do a complete renovation both inside and outside. Ms. Wahamaki noted that the rear of the property is mostly unimproved green space. There is a significant grade change going east. There is an alley to the rear that doesn’t appear to be in good repair. The alley is approximately 15’ higher than the grade at the back of the building. Therefore, there isn’t anything that can be done with that space and it will be retained as is. The renovations and use would be within the existing footprint of the building that is present. Ms. Wahamaki commented on the proposed changes to the building. There are currently two separate units. The intent is to combine the two units into one. Although there are two different retail shops proposed they will operate as one entity. The south side of the building will be dedicated to the floral aspect of the business and the north side will be for the wine display. Most of the renovations planned on the exterior of the building will be focused on the west/front elevation. There are currently two doors and that will be changed to one door, which will be moved closer to the middle of the building. An overhead door is planned to be installed in place of the second door. The building plans have already been submitted for the proposed changes and have been reviewed for Zoning compliance. The consideration before the Planning Commission is the proposed alcohol use. Ms. Wahamaki explained that once the units are combined the total square footage of the retail space will be just over 2,000 sq. ft. The floral cooler will be located at the back of the south side of the building. The wine display shelving is proposed on the north side of the building. Security cameras are located at strategic points inside the building. There will be a small bar and the cash register will be within clear view of the windows at the front of the building, which is in compliance with the Zoning requirement for visibility. Proposed hours of operation are Tuesday through Saturday from 11 a.m. to 9 p.m. and Sunday from 11 a.m. to 5 p.m. Floral arranging workshops are expected to host approximately 20 people and approximately 10 for wine tasting. The workshops are expected to be held in the evenings during the week and may go until 11 p.m.; while the doors will be closed for retail, the workshops will be open for those that are registered. There is a seating plan for approximately 25 people. An operations management plan has been submitted. Ms. Wahamaki related that the property is subject to the CPTED Ordinance. The CPTED specialists for the City of Grand Rapids have reviewed the plans. The applicant has been in contact with the police department about the Ordinance requirements. Many of the planned building improvements were specifically designed to meet CPTED requirements. Ms. Wahamaki commented on parking. Based on the retail and on-site consumption use, 13 parking spaces are required, which is based on both the gross floor area and occupant load of the building. There is no parking available on site. The Planning Commission may consider a parking waiver to allow for these uses at this location. There are metered parking spaces on Plainfield and there is parking available in the general area. There is also a bus stop nearby. City Planning Commission Meeting Full Page 8 September 14, 2023 There aren’t a lot of competing businesses in this area so there is street parking available. Ms. Wahamaki related that Mobile GR has parking availability maps that were updated this past spring. The maps show the parking occupancy data that Mobile GR has collected. Plainfield is shown as being underutilized and parking is generally available. Parking along Sweet Street is typically occupied by residents of the area. Ms. Wahamaki suggested the applicant speak to their neighborhood engagement efforts. They have reached out to a number of organizations. The Creston Neighborhood Association and a local business owner have submitted letters of support. One letter of concern was submitted by a nearby resident on Sweet Street with concerns about the parking. Mr. Rozeboom asked if staff found the operations management plan to be sufficient. It seemed lacking in detail. Ms. Wahamaki replied that the applicant has had conversation with the GRPD regarding CPTED requirements. She found the plan to be sufficient. However, the Planning Commission could impose a condition of approval that they provide a supplemental operations management plan with some additional detail. Ms. Shannon noted the presence of a school nearby. Her assumption is the request meets the distance separation requirement for an alcohol use. Mr. Van Strien explained that the school has an opportunity to object but typically they don’t. Even if it is within a certain distance, the use can be permitted provided the school doesn’t object. Ms. Wahamaki added that they did reach out to Grand Rapids Public Schools and GRPS submitted a letter, expressing neither support or concern, acknowledging that this is a proposed business here and they didn’t really have objections to it. Jon Benedict was present along with partners Kyle Warren and Samantha Kueting. Mr. Benedict explained that their goal is to be Grand Rapids’ first all-natural wine retail shop with the ability for on-site consumption. They all have a strong background in wine. Kyle is currently the wine director at Post Off, which is a natural wine bar on Fulton, and Samantha works there approximately 20 hours a week supplementing her full-time job. Mr. Benedict has also had the opportunity to work there. They’ve learned a lot about natural wine and what is exciting about it. They want to share that with Grand Rapids. Part of that is educating people on what makes natural wine so special. They want to do that with the ability for on-site consumption via glass pours. The best way to get to know wine is to drink it. They want people to be encouraged to sit down with Kyle and discuss the nuances of wine, what makes it special to them and to the customer. Mr. Benedict related that they will offer lite, ready to eat bites. They won’t be preparing food on site but they will have hors d’oeuvres. Ms. Joseph noted the plans for an overhead door. She asked if that is to provide light and air during the summer. City Planning Commission Meeting Full Page 9 September 14, 2023 Mr. Benedict explained that the goal is primarily to let in more light. They are right on the south property line so they can’t install windows there. In addition to having sky lights on the southern side they are hoping to have the garage door open during the summer to provide a more inviting space. Mr. Warren added that is where most of the house plants and flowers will be. It will be open, warm living space with some seating. There won’t be any drinking on the street but it will feel a bit more like open-air, French style dining. Ms. Shannon asked about the idea behind wine and flower pairing. Mr. Warren related that he and Samantha are married. He is an advanced sommelier at Post Off and she is a floral designer. It is their passion to meld that. They met Jon, became fast friends, and they feel Grand Rapids needs this. They live in Creston and Creston needs something like this. They thought why not have wine and design classes and feature special farmers around the world in their community and put a focus on organic farming. Mr. Rozeboom explained that the desire is for an operations management plan to clearly identify how it will be operated since the use/approval runs with the land. If there was a future operator, they would want to make sure it operates the same as proposed. He asked if they would be willing to provide a more detailed operations management plan. The applicants replied affirmatively. Mr. Benedict asked what Mr. Rozeboom feels is lacking and/or how they can improve upon their plan. Mr. Rozeboom suggested they work with staff. He noted that they may have already provided a sufficient plan as his packet appeared to be incomplete. Mr. Van Strein opened the public hearing and invited public comment. Gregg Hampshire, area resident and Executive Director of the Creston Neighborhood Association, expressed their support for the request. He related that he has met with the applicants. Mr. Benedict is an active member of the North Corridor Improvement Authority, serves on their design committee, and he has been a volunteer for a number of their events. They have become a community asset and they would like them to stay. Dale Hoteling related that he is former Creston Neighborhood Association Board Member and currently serves on the land use committee. When they brought their plan to the land use committee, they felt is was something exciting for the community to be able to embrace. It is a unique idea and something Grand Rapids doesn’t have. The architectural plans they’ve presented are a great improvement for that corner of the community. He offered his strong support. Tom Cronkright, owner of 1400-1410 Plainfield and 131-133 Caledonia, stated that they have been in the district for nearly twenty years. He is present to offer support. The subject building sits on the north end of where the Creston Business District will likely provide walkability. The building has been dilapidated and an eyesore as a gateway building on the east side. Mr. City Planning Commission Meeting Full Page 10 September 14, 2023 Cronkright feels this concept will work very well for the site. He isn’t concerned about parking because they want people walking up and down the street. There are 200 new residents that will be invited into the district by way of new inventory coming on line. Mr. Van Strien closed the public hearing. Ms. Bersche asked if the closing hour is 9 p.m. or 11 p.m. Mr. Benedict replied that the retail operation will close at 9 p.m. The expanded workshops, which are closed to the public, and staff will remain until 11 p.m. Ms. Joseph asked how they will manage their waste management given that there isn’t room for a trash enclosure. Mr. Benedict replied that they plan to compost and recycle. Those containers will be stored in the back hallway that is off limits to the general public. Ms. Turkelson noted that they anticipate up to 20 floral workshop attendees and up to 10 for the wine tasting. She asked if there is potential for those to be conducted simultaneously. Mr. Benedict replied that he doesn’t see why not. They want to maintain an intimate environment and go over a lot of education with the workshops. They would be open to offering them simultaneously if there is a market need for it. However, at first glance, it doesn’t seem appropriate to him. Ms. Turkelson explained that she asked because that is a very specific number. Unless there is a reason for that level of specificity it can sometimes become a challenge for the operator, especially as they continue to grow. Her understanding is that the building occupancy load is 37. She suggested the Planning Commission focus more on the occupant capacity of the building, vs. what is in the staff report, to provide some flexibility. The Commission was agreeable. Ms. Joseph feels this is an exciting project and it is great to reactivate the building. She isn’t worried about parking because of the metered parking available, the access to transit, and the hope that residents of the neighborhood will be patronizing this use and walking to and from. She feels it is a completely appropriate use in this location and unique. Ms. Shannon feels this is a winner in every sense. It is removing blight and bringing something new to an area that will have a lot more residents. She is in support. Ms. Turkelson referred to the recommended conditions of approval noting that they merged the operating hours. The condition currently reads that the general operating hours for the business and workshops are Tuesday through Saturday, 11 a.m. to 11 p.m., and Sunday, 11 a.m. to 5 p.m. If the Planning Commission feels strongly about the 9 p.m. business close that can be amended. As it is written, it is more flexible than what they’ve requested. City Planning Commission Meeting Full Page 11 September 14, 2023 Ms. Joseph suggested 9 p.m. as a closing hour for Sunday. Ms. Turkelson explained to the applicant that the language provides flexibility. Should they wish to expand their business hours they have the ability to do so without coming back to the Planning Commission. Mr. Rozeboom asked Ms. Joseph if she considered the parking relative to using the building occupancy. Ms. Joseph indicated she is comfortable with that. If they have workshops with up to 20, the extra 10 wouldn’t seem to make a big difference for traffic and parking. Ms. Joseph MOVED, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves the Special Land Use and Site Plan Review request of Good Good Good LLC (Jon Benedict) to establish a new retail wine shop with on-site consumption at 1590 Plainfield Avenue NE, and a parking waiver, 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 support the vitality of the local economy by encouraging investment, diversifying the economic base, and expanding employment opportunities as well as provide a mix of uses in a commercial area. 2. The proposed use will meet the Site Plan Review Standards of Section 5.12.08.E. because the proposed elevation changes will maintain design elements consistent with the standards for the Zone District. 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 desired mixed-use character of the neighborhood and will restore and activate a building that has been underutilized or vacant for many years. 4. Potentially adverse effects arising from the proposed use will be minimized because the applicant has incorporated design elements in the building renovation plans to help meet Crime Prevention Through Environmental Design (CPTED) Ordinance requirements. 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, smoke, odors, glare, and visual clutter because the business will typically be open no later than 11:00 p.m. and no food preparation is proposed, mitigating smoke and odors from the site. 6. The proposed use will not adversely affect the walkability of the neighborhood, impair pedestrian circulation patterns, disrupt the continuity of the urban street wall or otherwise hinder the creation of a pedestrian-oriented environment because the proposed use and renovation will activate the pedestrian environment and, because of limited parking available, patrons and workshop attendees will be encouraged to walk or rely on other modes of transportation. City Planning Commission Meeting Full Page 12 September 14, 2023 7. The building and site area required for the proposed use will retain as many natural features of the landscape as practicable because the renovation is proposed to maintain the existing footprint that will preserve the existing natural features and greenspace on the site. 8. Adequate public or private infrastructure and services do already exist or would be provided at no additional cost, and will safeguard the health, safety, and general welfare of the public because the site is currently improved with public infrastructure and reliance on additional public services is not anticipated. 9. The proposed use will not be detrimental to the financial stability and/or economic welfare of the City because the use is not anticipated to result in nuisances that require excessive code enforcement actions, given the proposed scale, hours, and location. 10. Given the character, location, development trends and other aspects of the neighborhood, it is demonstrated that the proposed use and the proposed location for alcohol sales will demonstrably be an asset to the neighborhood because, as proposed, the use will be unique as compared to existing uses in the neighborhood. 11. The use or change in use as constructed and operated by the applicant is compatible with the neighborhood because an adequate Operations Management Plan and training will be provided and be in place. 12. The use as proposed to be operated by the applicant will minimize or eliminate negative secondary effects on the neighborhood because the use will be relatively small in scale and the hours will be limited. The operation is expected to be in compliance with the CPTED 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. City Planning Commission Meeting Full Page 13 September 14, 2023 2. That the hours for package alcohol sales shall be consistent with the general operating hours of the business and workshops, being Tuesday - Saturday: 11 am - 11 pm, and Sunday: 11 am - 9 pm. 3. That the area of package alcohol display shall be consistent with the submitted floor plan and testimony. 4. That the use shall comply with the requirements of the Crime Prevention Through Environmental Design (CPTED) Ordinance. 5. The applicant shall work with staff to develop a more detailed Operations Management Plan as necessary. 6. That the combined total occupancy of the proposed uses shall be thirty-seven (37) occupants. 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, Wallace, Shannon, Williams, Jonker ABSENT: Salim Al-Shatel D. 1410 Plainfield Avenue NE - Social Service Agency Address: 1410 Plainfield Avenue NE Applicant: Catholic Charities West Michigan (David Bellamy) Requesting: Approval to operate a services facility, which will provide services such as free new and gently used items for infant and toddler care as well as parenting and child safety classes for community members. Zoning: TN-TBA Traditional Neighborhood – Traditional Business Area Requirements: Article 6 Mixed-Use Commercial Zone Districts 5.9.34. Social Service Facilities 5.12.08.E. Standards for Site Plan Review 5.12.09. Special Land Uses Case Number: PC-SLU-2023-0068 Staff Assigned: Laura Wahamaki lwahamaki@grcity.us Type of Case: Special Land Use Effective Date: September 30, 2023 Ms. Wahamaki identified the location of the site at the corner of Spencer and Plainfield, within a TN-TBA Traditional Neighborhood - Traditional Business Area. The Future Land Use Map identifies this area as Traditional Business Area. It is a large parcel occupied by multiple attached buildings. There is a City owned parking lot to the east, a church to the south and a mix of businesses across the street on Plainfield Avenue. Ms. Wahamaki explained that the request is for a social services agency that will be providing free new and gently used infant and children’s items to parents and caregivers as well as offering City Planning Commission Meeting Full Page 14 September 14, 2023 neighborhood classes and workshops. The intent is to also be a resource hub for people in the community that need to be connected with organizations that can help them as needs arise. The existing site is approximately 11,000 sq. ft. in area. The area of the proposed use is the small southwest corner of the overall site. The large site was previously occupied by Sun Title. This use is proposed in two of the suites with a combined floor space of just over 1,000 sq. ft. There are two attached, two-story brick buildings and a one-story brick building. The two units in question are a single-story brick building. Ms. Wahamaki displayed an image of the site as seen from the corner of Spencer and Plainfield. There are traditional storefront windows in the space and there are four entrances into the two suites that will be combined into one. There are no exterior changes proposed. The storefront windows have film covering the bottom half of the windows. The Planning Commission may wish to consider whether this meets the Zoning Ordinance transparency requirements or add a condition of approval that the site fully comply with the transparency requirements for the business district. Ms. Wahamaki displayed a slide of the area on the parcel that is the two units that will be occupied by the applicant. They will be setting up a retail storefront although they will not be selling items, it will be giving items away to people that participate with their service agency. The retail space will be on the southwest side of the two units. The north side will be dedicated to a small office for 2-3 employees and the classroom space for their community workshops. At the back of the units is a storage room that will be used to sort donated items and to store extra items on site. As stated, there are four entrances to the suites. Two of the entrances will be used. The door on Plainfield near the office and classrooms will be the main entrance into the building. Participants will be directed to exit through the prominent storefront door at the corner. It isn’t clear whether that door will be open for people to enter. She suggested the applicant expand upon that. There was no mention in the application that the other two doors will be utilized. With respect to the classes, they expect to offer one or two classes per month with approximately 15 participants. Classes will be open to the general public. Members of the community can join the classes on child safety, parenting, etc. There will be two staff persons on site and up to five volunteers. All donations will be accepted by appointment only. There is no outdoor use planned and there is no outdoor drop off area. The hours of operation will be limited. The hours for the retail storefront are expected to be Tuesdays and Thursdays, 9 am to 5 pm, Mondays and Fridays by appointment only from 9 am to 5 pm. They will be closed on Wednesday except for staff and volunteers to restock and sort donations. Ms. Wahamaki related that 4 parking spaces are required, based on the square footage. There is metered parking on Plainfield and on Spencer and the City owned parking lot behind the building, adjacent to the property. There is also a Rapid bus stop on the same block. The applicant has met with the Creston Neighborhood Association along with several community stakeholders who have submitted letters that were included in the packet. The applicant can provide additional details on their engagement efforts. No additional letters have been received. City Planning Commission Meeting Full Page 15 September 14, 2023 Ms. Wahamaki identified key considerations as the appropriateness of the limited hours and social service agency in a Traditional Business Area and if the parking waiver is appropriate for the volume of use proposed. Johnny Pinjuv, Warner Norcross + Judd, was present on behalf of Catholic Charities West Michigan. Also present were Stephanie Busch, the parent services program supervisor, David Bellamy, CEO, and Karol Maurer, the director of development and community outreach. Mr. Pinjuv felt Ms. Wahamaki did a great job introducing the project. They are present today because a social services use requires Special Land Use approval in a Traditional Business Area. This use will look and feel like a retail use but it will have the social service aspects to it. Mr. Pinjuv related that the exterior of the building will remain the same. There are no proposed changes to landscaping or other exterior elements. Stephanie Busch, program manager for parent services at Catholic Charities, related that she has worked in the Grand Rapids area for Catholic Charities for over 20 years. She has had a lot of opportunity to be part of the neighborhoods and understand the needs of the community. They are present asking permission for Gianna’s, which will be the name of the business locating there. Catholic Charities West Michigan opened in Grand Rapids in 1946 and has been serving families and parents throughout the community since. They have a number of different programs throughout Kent County but also as far north as Traverse City, down to Beton Harbor. They invest in a lot of different communities. This particular idea to create a no cost baby boutique came from years of operating traditional baby pantries. They have been operating a baby pantry out of the God’s Kitchen building on Division for over a decade. They have also been operating a similar space in Muskegon. In 2020 they decided they wanted to change the focus of what the pantries look like and create a dignified experience for families to come in and shop for items that they need. They launched their first baby boutique in Muskegon in 2020 with overwhelming positive reactions from the community. There have been a lot of comments from those coming through the program feeling like it was a very dignified experience for them; they really enjoyed shopping for the things that they need. They decided that in Grand Rapids they wanted to move from South Division to a more family friendly neighborhood area where families would feel more comfortable coming, shopping, and spending time. On South Division, the parking is very difficult and the atmosphere is not particularly friendly to families coming with small children. Being in Creston with parks, splash pads, the pool, and other amenities, they feel families will more likely stay and enjoy the neighborhood and other businesses. Ms. Busch related that a big part of the reason they chose Creston is because of the walkability of the neighborhood, the other services and businesses in the neighborhood, and they realized that there are other services for families and children on the south and west sides of Grand Rapids but this particular corridor of Grand Rapids doesn’t have a program like this. North End Community Ministries operates a food pantry across the street from the subject location and St. Alphonsus Church operates a food and clothing pantry. Neither of them have the ability to service families with young children; they didn’t have the capacity or funding. Therefore, it seemed like a great place to locate because they knew families on this side of town were traveling a great distance to have any of these needs met. Ms. Busch noted that as they’ve come to Creston and begun to explore more, they realized that Creston is a very vibrant neighborhood. The people work hard to get people out of their homes, walking, to have fresh food, the things the Neighborhood Association is doing, and the events in the park all make it a great place for families. City Planning Commission Meeting Full Page 16 September 14, 2023 Ms. Busch explained that because the services are no cost they rely on the generosity of a lot of corporate donors. What they’ve noticed in the last five years is that the struggle is real for families. This isn’t something just for low-income families. They see a lot of middle-class families just trying to make ends meet. Sometimes getting enough diapers to get through most of the month, a few extra outfits, and other things will be enough to free up some of their extra income to use for utilities or do fun things with their children. The hope is to allow for some of that for families who can make use of the services. Ms. Busch commented on how the use will operate. They aren’t making any changes to the interior of the building. The two suites are currently already attached. The front suite is a large open area. The only changes they made was to paint the space, install new flooring, and filled it to make it look like a boutique. It has wall racks, round racks, art work, and things that make one feel like they are shopping at a store. There is a doorway to the other side where they have tables set up in the open area. The hope for that will be some classes in the evenings. They’ve launched some of that in the Muskegon location and plan to do the same here. Educational opportunities they provide are bringing in certified car seat safety technicians to teach classes. If they don’t have a car seat they are given a car seat so the children go home in a safe seat. They also partner with nursing students that come in to teach a variety of classes on child safety and medical things. If they don’t have a safe place for a child to sleep, they are given a pack n play to take home. They are also hoping to address other areas where people in the neighborhood may need to come and make connections with other parents. A doula with a business down the street offered to come and offer information on doula services, midwifing, etc. They have master level therapists that can offer support for postpartum depression. They can continue to expand on the classes as they see what the need in this particular community is. Ms. Busch stated that the operation will be open for walk in to the public on Tuesdays and Thursdays. They will manage the traffic flow so there is no backup. Multiple people will shop at the same time and exit out the front door. They’ve operated this way in Muskegon and at the South Division location and have never had a back up of people. They feel confident there will be a nice flow through the building. On the other days they will have volunteers coming in. Ms. Busch stated that the great thing for Creston is that they have a lot of businesses that send in volunteers and they always leave and go out for lunch at a local restaurant. It gets more people coming to Creston. Ms. Joseph asked if Ms. Busch feels the hours of operation proposed are too limited, considering all the things they are talking about doing here. There are no weekend hours in a Traditional Business District and only 9 to 5, other than a couple of week nights. Ms. Busch stated that unless this were significantly larger than they are planning they will very easily be able to operate within those limited hours, which they’ve learned from their other locations. She confirmed there would be no weekend hours. Ms. Shannon asked Ms. Busch why they aren’t using only one door for entry and exit for the retail portion. City Planning Commission Meeting Full Page 17 September 14, 2023 Ms. Busch explained that the way the building is set up is that the front is all retail space and the other door will enter into the classroom area. As people come in, they will sit with them and learn what their needs are. They are called into the retail area in an orderly fashion to shop and then they will exit from the corner door. They won’t be crossing paths coming in and out. Ms. Shannon asked if anyone can access the services or is it limited. Ms. Busch replied that the only requirement is you have to have a child in your care. They have items and clothing for children up to five years old. There aren’t any income limits; anyone can come and shop. Ms. Turkelson summarized that it isn’t a traditional retail in the sense that an individual can walk in, shop, and leave. There is a necessity to prove they have a child in their care and that they engage with staff before they are able to shop. Ms. Busch agreed. The first time they come in they have a conversation to let them know the resources they have access to. Ms. Turkelson asked about the donation process; receiving and purging. Her experience is that even though they may not accept donations except by appointment that people interested in getting rid of things more quickly donate where they can when they want to. What will the management of that be and is it wise not to have a dedicated donation box for the hours they aren’t open, to make sure there aren’t blight issues or nuisances that result. Ms. Busch replied that up to this point they haven’t had that issue because they have multiple sites. A lot of the donations are dropped off at the administration building on Jefferson. Otherwise, people make appointments, tour the building, and drop their things off. Ms. Busch does understand that people can drop things off when they want but her fear of putting out a donation bin is that it just invites people to leave things behind. They could consider having open drop off hours where it would be staffed for that. Ms. Turkelson asked what they do with donations that don’t meet the needs. Ms. Busch replied that everything that comes in immediately gets sorted out for their use or re- donation. They have staff and volunteers that move the items they can’t use to other locations such as In the Image. They will also have a dumpster on the property where they can dispose of things that may be in poor condition. Ms. Turkelson clarified that someone coming in goes through some intake process and it isn’t an option to have the retail door open for walk-in shopping. Ms. Busch agreed stating that it is to create a nice flow of people coming in and out. There are two doors that they won’t use at all. Ms. Turkelson explained that the operations may be a bit counter to what the City has planned for these prime commercial corridors about having the retail being visible and accessible. City Planning Commission Meeting Full Page 18 September 14, 2023 Ms. Shannon asked if they have plans to remove the film on the widows. Ms. Busch replied that they hadn’t planned to remove it but they wouldn’t be opposed to doing that. Mr. Van Strien opened the public hearing and invited public comment. Gregg Hampshire, area resident and Executive Director of the Creston Neighborhood Association, related that the applicants have been very present in the community. Unfortunately, due to some scheduling conflicts on the part of the Association they haven’t been able to have a formal land use committee presentation. As a resident and new dad, having something available to families that are new to parenting is a good thing. Mr. Hampshire wished his daughter Margo a happy birthday : ) As a resident and new parent he supports the use. There is a wonderful pantry across the street and St. Als is across the street from the Neighborhood Association office. Creston has become a hub for people and to be able to provide this service with dignity is significant. When people come in with needs, particularly around parenthood, it can have a lot of shame tied to it if you don’t feel like you are performing as a parent. To offer people that grace is very important. Tom Cronkright, Sun Title, related that they are the owner of the subject building. He provided some history on the site relating that in 2003 they began to assemble what was the main Sun Title headquarters until they moved into the former Hope Network building on the corner of Lafayette and Leonard. This site was formerly a Comerica bank branch and next to it was an AA office, a computer repair operation, tv repair, trucking company, and upstairs a dilapidated two- bedroom apartment. Over the last 20 years they’ve witnessed the stabilization of Creston and now he feels they are approaching a renaissance with what is happening. As they thought about what this would mean for Creston, they knew the day would come where they could vacate and begin to invite new businesses into the district. They want to be a good steward of that inventory. Mr. Cronkright stated that they’ve literally seen firsthand, outside of their windows, that you don’t need to look far to find need in the community. At the same time, just a few years ago, they saw the first families pushing strollers and joggers and bicycles along the main road. It is starting to really move and what is happening with the new investment will accelerate that. Mr. Cronkright stated that in getting to know Ms. Busch and the Catholic Charities organization, they have a business model and plan and that plan works. They can see and measure impact. It might not be the open on weekends and direct access in and out of the main storefront from the retail perspective, but it certainly does present as a children’s boutique. He feels what is interesting about that is the blend between helping people and leveling them up but also a really cool space that has a lot of texture to it from clothing to car seat safety, infant sleeping safety, general counseling, and a conduit to other needs. He and his partner felt strongly that of the litany of requests they had for the space, uses that were more office based, they didn’t feel like the impact that they could have from a community perspective would be what Catholic Charities and this boutique would provide. Mr. Cronkright offered their full support. He feels it is in line with the needs of the community and he feels it will be a feeder for others to enjoy Creston with this boutique addition. City Planning Commission Meeting Full Page 19 September 14, 2023 Ms. Turkelson referred to the floor plan and asked Mr. Cronkright how the rest of the building is used. There appears to be floor area immediately to the south. She asked how that space is currently being used. Mr. Cronkright replied that Sun Title programs everything to the north. He identified the space addressed as 1400 Plainfield, the classroom space addressed 1404, and Sun Title programming in 1406, 1408, and 1410. Heading east are two bays where they have a proposed camera shop. That is storefront that is available completely separate from the subject space. Ms. Turkelson asked if they explored flipping the model with Catholic Charities occupying the space to the east and the traditional camera shop at the corner. Mr. Cronkright replied that it wasn’t explored. They do have that other space leased. 1406 - 1410 has been retained as their main downtown closing location. They have a tremendous amount of activity coming in and out of closings. They kept the two bays, 1406 and 1408, for 8 employees working there full time. Mr. Van Strien closed the public hearing. Ms. Joseph finds that the service being provided and the retail design all seems like a great use of the space. She is disappointed that the hours aren’t more in line with what they hope for in a TBA; there is no weekend activity when people have time to come and stay in the neighborhood. She would prefer that the window coverings be removed. The hours of operation are the only aspect of the use she is concerned about. Ms. Shannon agreed but does think that this opens up to more of a retail feel than what Sun Title was using it for. Having run some of these kinds of programs before, she feels the dignity of shopping vs. coming in to what doesn’t seem like a shopping, retail, or choice experience is really empowering. Parenting is a lot of work and to have that kind of resource in this wonderful family-oriented neighborhood is going to be a plus. Ms. Shannon expressed her support. Mr. Williams expressed full support for the use. He related that he is a child of a family that had to use resources like this. To be able to go places with dignity and have this opportunity in this family-oriented neighborhood is huge. He also wishes there were at least one day on the weekend that they would be open. Mr. Williams agreed that the film on the windows should be removed. Ms. Bersche expressed support. It is a good use of the space. It is a beautiful building and this will provide services to the community. Ms. Bersche MOVED, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves the Special Land Use and Site Plan Review request of Catholic Charities West Michigan (David Bellamy) to operate a services facility, which will provide support services, items, and community classes related to child and infant care, at 1410 Plainfield Avenue NE, and a parking waiver, for the following reasons: City Planning Commission Meeting Full Page 20 September 14, 2023 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 contribute to a pedestrian and transit friendly environment in a compact area by adding an appropriately scaled social service agency to the mix of uses already established in the area and will provide a social service and educational classes for convenience of residents in the vicinity. 2. The proposed use does meet the Site Plan Review Standards of Section 5.12.08.E. because the proposed use will utilize the existing site layout and building elements that were designed to reflect TN-TBA building requirements and the proposed building ingress and egress will help activate the retail storefront and support walkability of the neighborhood. 3. The proposed use will be compatible, harmonious, and appropriate with the existing or planned character and uses of the neighborhood, adjacent properties, and the natural environment because activity associated with the proposed use is not anticipated to impose a burden on other uses in the area; the proposed use will complement and provide support for both residential and community-oriented services and uses within the neighborhood; and the proposed use is intended to serve community members within the surrounding neighborhood. 4. The proposed use will not have adverse effects on the neighborhood because adequate parking will be provided by metered on-street parking along Plainfield Ave. and Spencer St., and in the City-owned public parking lot directly adjacent to the building and the utilization of storefront windows and the entrance on Plainfield Ave. will contribute to an active and vibrant business district. 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, and visual clutter because the traffic generated by the use will be minimal and will only occur during limited business hours; no outdoor or late evening activities are to be conducted; and the classes will be limited to a maximum of 15 people, which will minimize impacts on traffic and parking in the area. 6. The proposed use will not adversely affect the walkability of the neighborhood, impair pedestrian circulation patterns, disrupt the continuity of the urban street wall or otherwise hinder the creation of a pedestrian-oriented environment because the proposed site plan indicates appropriate pedestrian access from Plainfield Ave. and no additional site design elements are proposed that would impede on pedestrian circulation or the public right-of-way. 7. The proposed use will not be detrimental to the financial stability or economic welfare of the City because the use is not anticipated to create nuisances that will require additional City services and the proposed use will provide needed services to residents of the community. 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, City Planning Commission Meeting Full Page 21 September 14, 2023 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 window film shall be removed and the windows shall comply with the requirements of Zoning Ordinance Sec. 5.1.14. Building Transparency for Clear Glass and Reflective Surfaces. 3. The operator may expand retail service hours to 8 am to 8 pm daily should they choose to do so in the future. SUPPORTED by Ms. Shannon. MOTION CARRIED UNANIMOUSLY. RESULT: APPROVED WITH CONDITIONS [UNANIMOUS] MOVER: Kristine Bersche, Board Member SECONDER: Susan Shannon, Board Member YEAS: Rozeboom, Van Strien, Bersche, Joseph, Wallace, Shannon, Williams, Jonker ABSENT: Salim Al-Shatel E. 59 Commerce Ave SW - Restaurant and Bar Address: 59 Commerce Avenue SW Applicant: 59 Commerce, LLC (Tad Feutz) Requesting: Approval for a bar and restaurant with alcohol service operating past midnight. Zoning: TN-CC Traditional Neighborhoods –City Center Requirements: Article 6 Mixed-Use Commercial Zone Districts 5.9.05. Alcohol Sales 5.12.08. Standards for Site Plan Review 5.12.09. Special Land Use Case Number: PC-SLU-2023-0067 Staff Assigned: Elizabeth Zeller ezeller@grcity.us Type of Case: Special Land Use Effective Date: September 30, 2023 City Planning Commission Meeting Full Page 22 September 14, 2023 Ms. Zeller introduced the request for Special Land Use approval for alcohol service for a restaurant and bar with alcohol service. Special Land Use approval is required for bars and restaurants with alcohol service open past midnight. Ms. Zeller related that the site is located downtown in an area of both new and older buildings. The site is approximately 5,000 sq. ft. and is improved with a single-story building that hasn’t had an active use in some time. It is located next to Stella’s. Stella’s outdoor seating is on the loading dock of the subject property. As the property is located in the Heartside Historic District, any exterior changes will be subject to Historic Preservation Commission review. The building is approximately 4,500 sq. ft. in area. The applicant plans to make some exterior changes to bring the building closer to compliance with what you would expect to see in the TN neighborhood districts. The windows will be enlarged and they are also proposing a service window for take out orders. The dining room is approximately 2,300 sq. ft. in area and will have seating for approximately 118 guests. Approximately 60 employees are anticipated. Food service will be offered from 11 a.m. to 11 p.m. daily with operating hours until 2 a.m. daily. There would be no food service from 11 p.m. to 2 a.m. No live entertainment is proposed. An alcohol management plan has been submitted and reviewed by the CEPTD specialist and the police department and there are no objections. As mentioned, the site is located downtown. It is within the area addressed by the GR Forward Plan. The plan recommends ground floor retail and/or entertainment uses for this area. The proposed use is consistent with the GR Forward Plan. There are no parking requirements in this Zone District. Ms. Zeller related that the applicant has sent informational letters to surrounding businesses. Staff hasn’t received any written comments in support or opposition of the use. Ms. Shannon asked if the corridor to the south is part of this property. Ms. Zeller replied that the area is used by Stella’s. It is actually part of the subject property. Ms. Joseph asked about hours of operation. She has seen what other businesses in the area do but what hours of operation were approved? Stella’s closes at midnight typically, and 1 a.m. at the latest. Are they approved for 2 a.m. and their choice is to close earlier? Ms. Zeller offered to look into what Stella’s was approved for. Ms. Joseph noted that Pyramid Scheme is open until 2 a.m. Mike Hanrahan, CBH Attorneys & Counselors, related that his firm represents the applicant. Also present were business owners Tad Feutz and Rob Wall. Mr. Hanrahan stated that they are present seeking Special Land Use approval for the operation of a restaurant and bar with alcohol service located at 59 Commerce SW. The applicants currently own and manage a tavern in Jenison MI. They were the first bar establishment that was granted the ability to become a bar establishment in Jenison. They envision a very similar location at the subject site, which they plan to name Tavern 59. The surrounding area is designated in the GR Forward Plan as a City Planning Commission Meeting Full Page 23 September 14, 2023 Targeted Retail and Entertainment Corridor. They believe they can add to the desirability and needs of local patrons by offering another option for food and entertainment downtown. The property has been vacant for some time. The exterior doesn’t offer much visibly or economically to the corridor. Tavern 59 will fill a vacant space with a local business who proposes to employ approximately 60 staff. It will be operated by experienced restaurant and bar owners and add to the desirability of the corridor. Currently the surrounding area consists of restaurants and bars such as Pyramid Scheme, Stella’s Lounge, and a number of others within a 2-3 block radius. They don’t anticipate any significant effects on the neighborhood. Parking is abundant with surrounding parking lots. There is relatively limited space in terms of front-facing space on the sidewalks and they don’t anticipate any hinderances to vehicular or pedestrian traffic. Night time activities will be limited to the establishment and they will not be seeking approval for loud music or any other disturbances. Mr. Hanrahan stated that they believe it is very apparent that Grand Rapids is bringing a lot of attraction downtown and continues to grow. Within a half mile is the Van Andel Arena that houses concerts and sporting events. Also in the vicinity are 20 Monroe, The Intersection, and the proposed amphitheater, which are all within walking distance. Providing options for food and drink are among the aims of the corridor. The bars and restaurants in the immediate area have specialized menus or are a bar first and restaurant second. Tavern 59 aims to be a restaurant first and bar second. They can offer high quality food in a relaxed atmosphere that is suitable for lunch, dinner, drinks after work, etc. For those reasons they believe Tavern 59 will be a benefit to the retail and entertainment corridor of Commerce Avenue for a long time. Ms. Joseph recalled from staff testimony that surrounding businesses were sent information on the proposed use. She asked if they interacted with any of the residents directly across the street. Mr. Hanrahan replied that they didn’t. Part of the reason why is there are a lot of rentals there. Sometimes it can be difficult to reach out to those individuals or find who the owners are. Ms. Shannon asked about the adjacent alleyway. She also asked about the service window. Mr. Hanrahan related that the general contractors proposed installing a service window at the front. The corridor adjacent to the building used to be where trucks pulled in. There is actually a garage door behind where Stella’s built their patio. Stella’s has an easement for that use. Ms. Turkelson added that that door is recessed and in 2017 the Planning Commission provided Special Land Use approval for outdoor seating. What used to be a truck well is leased to the adjacent property/Stella’s. Ms. Shannon asked what the black material is beneath the windows. Mr. Hanrahan replied that is just decorative. Ms. Shannon clarified that the existing windows are not going to be enlarged. The applicant agreed; there are no plans to do that at this time. City Planning Commission Meeting Full Page 24 September 14, 2023 Ms. Turkelson advised that the exterior façade changes/improvements will be regulated by the Historic Preservation Commission. Mr. Hanrahan again addressed Ms. Joseph’s question regarding community engagement. Letters were sent to entities that are owner-occupants of the building across the street that contains residential units. Ms. Turkelson suggested there is an opportunity to connect with the Heartside Business Association and the Heartside Neighborhood Association, which can help serve as a liaison into the neighborhood and business neighborhood. Mr. Hanrahan related that the business owners have done an extensive amount of outreach independently, as owners of The Win, prior to buying this property. Rob Wall added that every Easter they provide a minimum of 100 meals from The Win Tavern and bring it down to the Heartside District. Ms. Turkelson recalled from testimony that they will offer another option for food and entertainment but the packet doesn’t include entertainment. She asked that they clarify what was meant by entertainment. Mr. Feutz clarified that there is no intention to offer anything additional. The space is fairly limited in size and not big enough to house live entertainment and still provide a quality restaurant setting. Mr. Van Strien opened the public hearing and invited public comment; there was none. The public hearing was closed. Ms. Joseph feels this is the perfect location for the use. It will add to the vibrancy of the corridor and reactivate a building that hasn’t been active. She is comfortable with the proposed hours of operation. There is no outdoor activity proposed. Dr. Wallace is happy to see the space rehabbed. It has been vacant for some time. It fits the nature of the neighborhood. If the applicants aren’t concerned about the garage situation she would tend not to be concerned since there is already an agreement in place. Dr. Wallace MOVED, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves the Site Plan Review and Special Land Use request of 59 Commerce, LLC (Tad Feutz) for a bar and restaurant with alcohol service operating past midnight, at 59 Commerce Avenue SW, 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 is located in an area designated by the GR Forward Plan for ground floor retail or entertainment uses and reflects the purpose and intent of the TN-CC Zone District to encourage the reuse of existing buildings. City Planning Commission Meeting Full Page 25 September 14, 2023 2. The proposed use will meet the Site Plan Review Standards of Section 5.12.08.E. because building elements will be brought closer to compliance with current regulations and will be typical of TN-neighborhood design. 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 desired mixed-use character of the neighborhood. 4. Potentially adverse effects arising from the proposed use will be minimized because the building and its entrances will be appropriately located. 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, or odors because late night activity is expected and appropriate in downtown locations and no outdoor seating or live entertainment is proposed. 6. The proposed use will not adversely affect the walkability of the neighborhood, impair pedestrian circulation patterns, disrupt the continuity of the urban street wall, or otherwise hinder the creation of a pedestrian-oriented environment because the reintroduction of windows to the façade will contribute to a safe and comfortable pedestrian environment. 7. Given the character, location, development trends and other aspects of the neighborhood, the proposed location for alcohol sales will be an asset to the neighborhood because the use will contribute to the vitality of the district and downtown is an appropriate location for this type of use. 8. The use as constructed and operated by the applicant is compatible with the neighborhood because the proposed alcohol use in association with a full-service restaurant is not anticipated to create excessive noise or activity. 9. The use as proposed to be operated by the applicant will minimize or eliminate negative secondary effects on the neighborhood because the primary use is as a restaurant serving food for consumption on the premises during most hours of operation and the establishment is relatively small in scale. 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. City Planning Commission Meeting Full Page 26 September 14, 2023 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. No entertainment is permitted as part of this approval. Any entertainment shall require Planning Commission approval. SUPPORTED by Ms. Shannon. MOTION CARRIED UNANIMOUSLY. RESULT: APPROVED WITH CONDITIONS [UNANIMOUS] MOVER: Adrienne Wallace, Board Member SECONDER: Susan Shannon, Board Member YEAS: Rozeboom, Van Strien, Bersche, Joseph, Wallace, Shannon, Williams, Jonker ABSENT: Salim Al-Shatel F. 900 Cesar E Chavez Ave SW - Grocery Store with Wine and Beer Address: 900 Cesar E. Chavez Avenue SW Applicant: Spalding DeDecker (Tyler Drummy) Requesting: Approval to sell wine and beer for off-site consumption in association with a grocery store. A waiver of a portion of the required parking is also requested. Zoning: TN-TBA Traditional Neighborhood – Traditional Business Area Requirements: Article 6 Mixed-Use Commercial Zone Districts 5.9.05. Alcohol Sales and Consumption 5.10.05. Off-Street Parking 5.12.08.E. Standards for Site Plan Review 5.12.09. Special Land Uses Case Number: PC-SLU-2023-0053 Staff Assigned: Elizabeth Zeller ezeller@grcity.us Type of Case: Special Land Use Effective Date: September 30, 2023 Ms. Zeller introduced the request for the sale of beer and wine for off-site consumption in association with a proposed grocery store. A waiver of a portion of the required parking is also requested. The site is improved with an existing two-story building that has been underutilized. There is a parking lot to the north, some parking to the south, and there is a surface parking lot to the east. The subject property is in the TN-TBA Zone District. The grocery store use is permitted by right; the Planning Commission is considering the associated sale of beer and wine for off-site consumption. The parking lot across the alley, off of Caulfield, was approved under a previous Zoning Ordinance. That lot has non-conforming rights to remain. That lot is not under City Planning Commission Meeting Full Page 27 September 14, 2023 consideration today other than the fact that some of the parking being provided for this use is on that lot. Ms. Zeller related that the site is located in a mixed-use zone district. As is often seen on Cesar Chavez, formerly Grandville Avenue, there is a lot of low density residential mixed into those corridors. There is an auto repair shop to the west and the property to the south is the Grandville Market, which sells wine, beer, and distilled spirits for off-site consumption. There is a residential zone district in close proximity. Ms. Zeller displayed slides of existing conditions, prior to the reconstruction of Cesar E. Chavez Avenue. The Grandville Area Specific Plan, adopted in 2017, includes this property. It identifies this general area as Traditional Business Area and the proposed use is supported by the plan. The Plan recommends that the parking lot associated with this property be used for a plaza but it is private property and can be used as allowed by right. Ms. Zeller explained that the applicant proposes to redo the parking lot, including appropriate landscaping to meet the parking lot landscape screening requirements. That applies to the Caulfield lot as well. The applicant is also proposing two additions to the building; one to the south and one to the north. The additions are not under consideration by the Planning Commission today. All of the building and site improvements will be reviewed by staff in association with building and site permits. Ms. Zeller recalled from the photos displayed that there weren’t a lot of windows. The applicant is proposing to open it up with a significant number of windows. The west elevation will be facing Cesar Chavez. The ground floor will be the grocery store and the upper level is proposed to be offices. The north elevation will face the north parking lot and will be the main entrance. Along with the addition on the north side is a deck on the second story. The deck is proposed to be for the use of employees. Administrative departures can be permitted for an outdoor deck in association with an office. Ms. Zeller displayed the floor plan. The two entrances and the windows were identified. The alcohol display will be within a cooler, which appears to be three cooler doors. She suggested the applicant confirm that is what is intended. There is nothing identified for warm beer and wine display on the floor plan other than the cooler area. Ms. Zeller pointed out that there are regulations for the sale of beer and wine relative to the visibility into the store. The cash registers should be visible. Ms. Zeller identified the location of the cash registers and the offices that will be in the area at the corner. The cash registers likely won’t be visible from the corner but there is a vestibule and there are other windows on the west side. Ms. Zeller believes the cash registers will be visible and the police department hasn’t expressed any concerns. The building will be subject to the Crime Prevention Through Environment Design (CPTED) Ordinance. The windows will need to remain clear and unobstructed, which has been included as a condition of approval. Ms. Zeller noted that there are reach in coolers and bakery shelving under the windows on the west and north sides. She asked that the applicant confirm that the interior fixtures won’t be blocking the windows. The applicant has submitted a plan showing where the security cameras will be. It appears it is well covered. City Planning Commission Meeting Full Page 28 September 14, 2023 With respect to parking, two uses are proposed; a retail use on the ground floor and offices on the second floor. A total of 107 parking spaces are required for the two uses. With the parking lot to the north and the lot off of Caulfield 66 spaces are proposed on site; a deficit of 41 spaces. Because of the combination of uses, the requirement can be reduced by using the parking coefficient. That would reduce the deficit to 23 spaces vs. 41. The Planning Commission has the discretion to reduce that further. Staff would suggest that could be met through on-street parking as well as transit; Cesar Chavez is served by two bus routes. The Mobile GR map identifies areas of street parking that is available in the area. Ms. Zeller related receipt of letters of support from the Grandville Area Business Association and the Roosevelt Park Neighborhood Association. Both letters generally support the redevelopment and the project but neither letter mentions the sale of alcohol, which is the reason for the Special Land Use request. Relative to the size of the store, the floor area devoted to alcohol is relatively minimal. Ms. Zeller concluded the presentation relating that hours of operation are proposed from 8 a.m. to 10 p.m. daily. Ben Cochrane was present on behalf of the administrative entity for the Supermercado Mexico they are proposing to locate on the site. They have been in the Grand Rapids area since 2006 and currently have three operating locations in the Grand Rapids and Wyoming areas. The proposed space will be very similar if not equal to their current operations, which is the primary sale of Hispanic based products. As described, there will be a walk-in cooler where any alcohol will be kept. They have it marked off currently as a 5-door space at a maximum. That is something that can be changed as alcohol is not their primary merchandise sales; it is a convenience but also standard practice in their other locations. There are little to no plans to do room temperature alcohol sales such as a display on the floor. If so, it will be a very reduced space of the same product in the cooler itself. There are no plans in place currently to offer anything other than beer or wine. Mr. Cochrane addressed the question of the reach in coolers and bakery shelving under the windows on the west and north sides. He believes the drawing was prepared before there were discussions on the height of the windows that would be going in. Those are very easy to adjust or move, if necessary, to ensure they aren’t obstructing the outside view through those windows to meet the CPTED requirements. Based on their other location in Grand Rapids, they are familiar with the CPTED requirements and they are working to make sure that everything here is compliant with that program. Craig, civil engineer, commented on the site plan and parking. They are maintaining the parking to the north at the corner and to the rear of the site. They are adding permeable pavers to assist with some of the changes through the revitalization of that pavement. They will be receiving grant money from the State of Michigan for reducing their storm water discharge from the site. They’ve been in conversation with the City Engineers about that. They feel the addition of the landscaping on the corner specifically, and the landscaping around the parking lot to the rear is a big benefit compared to what is currently there. Craig stated that the front parking lot will have two of the parking spaces occupied by a cart coral so there won’t be stray carts about. He believes the parking counts did account for the removal of those two spaces. The alley will be repaved as part of the project, which is a good benefit for the City. Craig also noted that there is a City Planning Commission Meeting Full Page 29 September 14, 2023 sanitary sewer line that runs under the alley that most of the storm water for the existing site currently enters into. In talking with the City Engineers they are pleased to no longer see the amount of grit, sand and other debris entering into their sanitary sewer. Craig referred to a diagram showing the additional parking added along Cesar Chavez with the reconstruction of the street, providing parking immediately in front of the site. Mr. Rozeboom asked for a description of how trucks will deliver products to the site. Craig stated that they are planning for trucks to enter through the alley and sit in the alley behind the main building and overhead doors. Mr. Cochrane added that deliveries will be limited to Monday through Friday, 8 a.m. to 4 p.m. They try to make sure those things are done before peak times so as not to interfere with traffic flow and the customer experience. They don’t plan to have any deliveries on the weekends. Mr. Rozeboom asked if they are committed to keeping the pervious pavers for a certain number of years. Oftentimes people put them in and then take them out. Craig replied that the pavers proposed sell themselves as not being a paver because they work for much longer than a permeable paver, which has gravel in between the bricks and requires substantial maintenance. As part of their grant funding from the State for keeping their storm water on site and infiltrating it, they’ve done infiltration tests for that design, and it is currently the plan. They do have an overflow connection into the City’s storm sewer system in case it is ever inundated. They also have surface inlets in case there is ever failure of the infiltration. At this point they hope to maintain infiltration within those parking stall areas indefinitely. Mr. Jonker asked if the door shown along Grandville, in the bakery area, is intended to be used. Mr. Cochrane replied that that door will be for public use; one of the primary entrances. Ms. Bersche recalled from the staff presentation the mention of the racking system in front of the windows. She asked for further clarification of that. Mr. Cochrane stated that in their original design they didn’t anticipate the windows being as low as they are and they had an area there for the sale of baked goods as well as chilled, packaged meat and other products. They later made some changes to bring the windows down to more of the ground level area. Therefore, what is currently located there is not set in stone that they have to stay there. They can either be adjusted to an appropriate model that will accommodate the windows or be eliminated if necessary. Mr. Van Strien opened the public hearing and invited public comment. Marcel related that she has been an area resident for 23 years. Marcel doesn’t feel they need any more liquor stores in the area. There are gas stations and grocery stores within a mile that sell beer already. They don’t need any more problems in the area. People on Caulfield and Sheridan have to park on the street because they don’t have driveways. There is already a problem with City Planning Commission Meeting Full Page 30 September 14, 2023 parking. Marcel related that when she first came to the city she looked around and saw that there were churches everywhere. She then went to Detroit and saw liquor stores on each block. The area was desolate. It doesn’t do any good to have more liquor stores. They have more needs. She suggested a restaurant would be a better use for the residents. They have enough grocery and liquor stores. Cesar Chavez is beautiful now and they need things for the kids, not for adults. Mr. Singh, property owner at 911 Caulfield SW, related that his property is directly behind the proposed location. He shares a property line with the parking lot to the rear of the site. That is a public alley where they propose to receive their deliveries. If there is a semi parked it will block traffic. The City has done a great job recently reconstructing the streets and bringing Art Prize all the way up to Franklin with the new schools, churches and libraries. There is another beer and wine location touching the property line of the subject site. He isn’t sure what the laws are as to separation distance between those uses. The City has also done a great job bringing in clinics and libraries and he doesn’t know that allowing another beer and wine location is a great thing. Within a half mile there are at least 7 or 8 other food options, 4 of which are convenience and the other 4 are grocery stores, 2 of which he believes are owned by the applicant. There are numerous drunks and others that sleep on their property now. There is an odor of urine and trash. The parking overflow from the site will end up on the streets where residents can currently park freely vs. driving around the block to find parking. Molly Morales stated that she is a landlord on Beacon, which is behind the Grandville Market. She doesn’t feel they need another location that sells liquor in the area. Her tenants are always complaining about people in the alley and in the parking lot urinating and congregating there all day not doing anything. She has personally moved people off the property they own. Ms. Morales stated that while she likes the grocery store aspect of the request, it is the alcohol sales she is opposed to. Her children attend school within a ½ mile and she doesn’t want them having to deal with those that hang out in the area that aren’t doing anything productive. Mr. Singh returned to the podium to submit signatures in opposition to the request. Mr. Cochrane addressed the public comment. He thanked them for voicing their concerns, which are important to them as business owners to take into consideration. There was mention of liquor. Mr. Cochrane clarified that this will strictly be beer and wine. With respect to safety concerns, they do have a complete Operations Management Plan including indoor and outdoor security cameras as well as thorough training procedures for their team and management team. They do the same at their other locations. Mr. Cochrane stated that they do have two locations in the Wyoming area but they are a bit further removed than what was mentioned by the public. They have very strict guidelines when it comes to not only the sale of alcohol but how they operate and manage different situations. They will be hiring approximately 40 employees, which is a great opportunity to provide jobs for people in the area. Mr. Cochrane heard concerns related to what is going on outside of the store. They understand CPTED requirements, which includes lighting and that is something they will address to make sure this is a well lit, productive, nice area. They are entering this area and they want it to thrive just as much as they want to thrive as business owners. Between the security systems, well-trained staff, and meeting CPTED requirements they hope to be able to combat and eliminate any concerns the neighborhood or public may have, as well as continue to bring these great job opportunities to the area. Mr. City Planning Commission Meeting Full Page 31 September 14, 2023 Cochrane addressed how the entire building will be used. The second level is going to be for office and administrative staff that is currently operating and overseeing their existing stores. That staff is also trained and has extensive experience in meeting all the needs as necessary. Dr. Wallace asked the approximate percentage of beer and wine sales in their other locations. Mr. Cochrane replied that it is typically less than 5% of their overall sales. Mr. Williams asked if they own the property or they plan to purchase it. Mr. Cochrane stated that his understanding is that they currently own it. It is currently vacant. Dr. Wallace asked about neighborhood input and community outreach and whether they reached out to the residential neighbors. Mr. Cochrane replied that some of the ownership sits on the Cesar Chavez committee as well as the Roosevelt Neighborhood Board. Ownership is involved in those committees and decisions and this is something near and dear to their heart. His understanding is the outreach is all being coordinated through the Boards and Associations. Mr. Rozeboom referred to the Management Operations Plan and asked, if there is someone on the site that is behaving inappropriately, whether there is someone such as a store manager always on site. Mr. Cochrane replied yes. There is always some level of management on site; a store manager or assistant store manager. They are trained to be able to handle those situations as part of their training regimen to prepare for the position. There will always be someone there monitoring that as well as the monitoring of alcohol sales. They understand the right to refuse sales to protect their customers and staff. The Planning Commission entered into discussion. Ms. Joseph expressed her appreciation for the public comment. However, based on the application and presentation, there are no liquor sales associated with the request and the alcohol sales are so ancillary to the rest of the operation that she isn’t concerned about the sale of alcohol in this situation. Due to the fact that they have to adhere to the CPTED requirements, the conditions for potential nuisances seem like they would be improved. Ms. Joseph appreciates the appropriate screening for the parking lot, even though they aren’t considering that today. She is also not concerned about providing a parking waiver based on the accessibility to transit and also the fact that it is in the middle of a residential neighborhood, which she would hope would result in foot traffic from those that live in the neighborhood. Ms. Joseph offered her support. Ms. Shannon agreed with Ms. Joseph. She also appreciates the concerns and input expressed by neighborhood residents. She believes that putting more windows in what is now a vacant building and having more activity around it will lower crime or the nuisance factors that were mentioned; loitering, drinking and other inappropriate behaviors. Ms. Shannon also appreciates City Planning Commission Meeting Full Page 32 September 14, 2023 that they are brining their corporate headquarters here to add more activity to the street. She is hopeful this will add a sense of community and safety to the neighborhood. Mr. Williams related that he grew up in southwest Detroit. The running cliché in Detroit is you have one of three things; liquor stores, church, or strip club at every corner. It is no secret that liquor stores and pay day loan locations are destroying neighborhoods like those he comes from. It is a problem. In this instance however, this isn’t a liquor store. This is a grocery store that is selling beer and wine. As they have approved grocery stores selling beer and wine in the past, they know that the customers buying the beer and wine aren’t new customers. They are buying beer or wine because you just happen to be at the grocery store. Mr. Williams does think that those loitering around places like this, especially when kids are getting out of school, is a huge problem. He feels the City and the community need to rally together to address that to ensure kids are getting to and from school safely. Mr. Williams is in support of this request. He does feel it is important to address the other issues such as loitering. That isn’t necessarily the responsibility or fault of those moving into this building. The community will have to work together to figure out a way to eliminate that problem in a humane and legal fashion. Ms. Joseph clarified that she also doesn’t consider people nuisances. Ms. Joseph MOVED, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves the Special Land Use, Site Plan Review, and parking waiver request of Spalding DeDecker (Tyler Drummy) for approval to sell wine and beer for off-site consumption in association with a proposed grocery store at 900 Cesar E. Chavez Avenue SW, 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 support the vitality of the business district by continuing to provide a mix of uses and will be consistent with the Grandville Area Specific Plan, which recommends active ground floor uses in this area. 2. The proposed use will meet the Site Plan Review Standards of Section 5.12.08.E. because site and building elements will be brought closer to compliance with current regulations and will be typical of TN-neighborhood design. 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 primary use will be as a grocery store and alcohol will be sold as an amenity for customers. The use will restore and activate a building that has been underutilized or vacant for many years. 4. The proposed use will not have adverse effects on the neighborhood because parking will be provided on-street and in two associated parking lots and landscaping will be incorporated onto the site where practicable. 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, and visual clutter because the addition of package alcohol sales is expected to be an amenity for existing customers and an increase in traffic is not anticipated and, the hours of operation are limited to 10 p.m. City Planning Commission Meeting Full Page 33 September 14, 2023 6. The proposed use will not adversely affect the walkability of the neighborhood, impair pedestrian circulation patterns, disrupt the continuity of the urban street wall, or otherwise hinder the creation of a pedestrian-oriented environment because the reintroduction of windows to the façade will contribute to a safe and comfortable pedestrian environment. 7. The proposed use will not be detrimental to the financial stability and/or economic welfare of the City because the use is not anticipated to result in nuisances that require code enforcement actions. 8. Given the character, location, development trends and other aspects of the neighborhood, it is demonstrated that the proposed use and proposed location for alcohol sales will demonstrably be an asset to the neighborhood because, as proposed, the use is expected to be an amenity for existing customers, which is unique compared to other establishments in the vicinity offering package alcohol for off-site consumption. 9. The use or change in use as constructed and operated by the applicant is compatible with the neighborhood because the addition of alcohol sales will not materially change the operation of the store. 10. The use, as proposed to be operated by the applicant, will minimize or eliminate negative secondary effects on the neighborhood because an adequate operations plan and training will be in place and the operation is expected to be in compliance with the Crime Prevention Through Environmental Design (CPTED) 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 area of alcohol sales shall be consistent with the submitted floor plan. 3. That the use may operate from 8 a.m. to 10 p.m. daily. City Planning Commission Meeting Full Page 34 September 14, 2023 4. That the use shall comply with the requirements of the Crime Prevention Through Environmental Design (CPTED) Ordinance. 5. Pursuant to Section 5.9.24. the outdoor deck may be used for the associated office use during office hours. SUPPORTED by Ms. Bersche. MOTION CARRIED UNANIMOUSLY. RESULT: APPROVED WITH CONDITIONS [UNANIMOUS] MOVER: Laurel Joseph, Board Member SECONDER: Kristine Bersche, Board Member YEAS: Rozeboom, Van Strien, Bersche, Joseph, Wallace, Shannon, Williams, Jonker ABSENT: Salim Al-Shatel IV. Site Plan Review A. 3445 28th St SE - Planned Sign Program Amendment Address: 3445 28th St SE Applicant: BJ’s Restaurant, Inc. c/o GPD, LLC (Mark Fernandez) Requesting: Approval for an amendment to an existing Planned Sign Program. Zoning: MON-C Modern Era Neighborhood - Commercial Requirements: Article 6 Mixed-Use Commercial Zone Districts Article 15 Signs 5.12.14. Optional Plan Review Procedures 5.15.08. Planned Sign Program 5.15.12. Signs in Mixed-Use Commercial Zone Districts Case Number: PC-OPR-2023-0063 Staff Assigned: Sarah Behmlander sbehmlander@grand-rapids.mi.us Type of Case: Optional Plan Review Effective Date: September 30, 2023 Ms. Behmlander recalled that this is the location of a new BJs Brewhouse restaurant that occupied the former site of a Toys R Us building. In June, 2022 this applicant was before the Planning Commission for signage for the new building. After that process was complete, the applicant reached out to staff with the current proposal to consider a silo structure. Ms. Behmlander displayed a graphic that provided an overview of all of the signage proposed during the last consideration, all of which was approved. The silo structure is shown in the bottom left corner of the development area. Ms. Behmlander related that the structure itself is close to 25 ft. in height. The challenge is that the silo on its own is non-functional and, in a way, is a sign itself because the intent is to direct people to the restaurant. Additionally, putting a logo on a structure also indicates that it is signage. Regardless of whether or not the logo is on the structure, it is considered signage. City Planning Commission Meeting Full Page 35 September 14, 2023 Ms. Behmlander stated that, generally speaking, with the other developments in the Centerpoint Mall area there were some amendments for Chik fil A, Crispy Crème, and Chase bank. All of those locations have between 100 and 150 sq. ft. of signage. The applicant before the Commission today, without consideration of the silo, has over 464 sq. ft. of signage. The task for the Planning Commission today is considering whether the proposed silo is appropriate, based on the purpose and intent of the existing planned sign program but also the intent of the MON-C Zone District. The Planning Commission should also keep in mind that the amendment could be intended to permit larger, more visible, or additional signs than would otherwise be permitted here and consider if the request supports the nature of this specific shopping center as it pertains to aesthetics and scale. Ms. Shannon asked if Ms. Behmlander could break down the signage as , per square foot, what amount of signage is allowed. Ms. Behmlander explained that the Planned Sign Program for Centerpoint identified that tenants could have 1.5 sq. ft. of signage per linear foot and they would be allowed to have 1 to 2 signs. The three other spaces mentioned needed more than that and were constructed after the Planned Sign Program was established. Crispy Crème has 100 sq. ft., Chik fil A has 146 sq. ft., and Chase bank has 146 sq. ft., which is significantly less than what the applicant is requesting. Ms. Behmlander suggested the Planning Commission keep in mind that the size and massing of the building is different and the location of the building is more internal than the other three. This would be an added feature that is at all of their locations within the country. Ms. Shannon recognized that it is a much larger building and the formula comes out much differently than comparing them to a small structure. Ms. Behmlander felt that was a fair point to make. BJs is just over 8,300 sq. ft. Some of the other buildings are closer to 5,000 sq. ft. or less. Joan Leguay, Director of Property Development for BJs, was present on behalf of the request. Ms. Leguay noted that the restaurant has been constructed and is a beautiful enhancement to the corner. It will open on October 2nd. She recalled that she was previously before the Commission asking for additional signage. She agreed that 400+ sq. ft. sounds like a big number. However, when looking at the building, it is highly articulated. It is a tall building with the highest elevation at the top of the tower being 32 ft., stepping down to approximately 27 ft., and the parapet is approximately 25 ft. Every elevation is highly articulated. They were challenged with putting the words, logo, and brewhouse on one plain. When they boxed in the square footage that is a huge number. If the building had smooth, flat surfaces they could have had a much smaller square footage. Ms. Leguay related that she comes across this challenge often across the country because they don’t want to compromise architectural integrity and beauty for a sign code. The other two things they have with the building are two art pieces that are considered signage. They are quite handsome and they don’t consider those advertising. Ms. Leguay feels that if the Commission members have seen the building that it is appropriately signed for the scale and massing of the building. City Planning Commission Meeting Full Page 36 September 14, 2023 With respect to the silo proposed, Ms. Leguay related that it is 22’6”, which is lower than the lowest building height and much lower than the flag pole at Chik fil A. There is a nice landscape area at the front where it can fit. The reason she didn’t propose this the last time she was before the Commission is that they have had three restaurants under construction concurrently; one in Rochester NY, Grand Rapids MI, and Chandler AZ. They are closing an old restaurant in Chandler, AZ that had an original silo from when they used to brew beer in the restaurants 40 years ago. As they grew to 216 restaurants, they are no longer able to keep up the capacity and brew at all of their locations. They felt they should repurpose this silo. It is nostalgic, has history, and ties them to their roots. Grand Rapids is Beer City USA and the silo is a cool architectural feature that links to their history and brand. Ms. Laguay related that she was in Rochester recently and went through this process and they approved it. They would love to do it here as well. It is a cool and unique feature, it is unique to the neighborhood and just seems to fit for Grand Rapids. It would be 200 ft. away from the street so she doesn’t consider it a sign. It would be a hand painted logo to make it look authentic. They haven’t hired an artist yet to do it but it may even be a bit weathered looking. The idea is that the hand painting makes it look authentic. Ms. Laguay recalled for the Commission that they partner with local breweries and they think this would be very appropriate here. They view this as an architectural feature and hope the Planning Commission can support it. Mr. Jonker identified an error on the plan that shows each sign. CJ60, which is the sign for the logo, says it is a dual lit channel logo. Ms. Laguay clarified that it would not be an illuminated logo; it would be a hand painted sign and they would be amenable to such a condition. Mr. Rozeboom advised that approximately 100’ away was the location of Grand Rapids Brewing Co., with a silo. The Planning Commission engaged in discussion. Mr. Jonker stated that he is comfortable with the request. 300 sq. ft. of the signage here are two art panels which may qualify as signs technically but he doesn’t view them as signs. Ms. Shannon feels the silo seems more architectural than signage. She is in support. Ms. Shannon MOVED, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves the request of BJs Restaurant, Inc. c/o GPD, LLC (Mark Fernandez) for an amendment to the Planned Sign Program of Shops at Centerpoint located at 3445 28th Street, for the following reasons: 1. The applicant has demonstrated that the proposed Planned Sign Program amendments would result in a more attractive aesthetic setting, improved safety, provide more convenient identification for planned users, or other similar purposes because the request allows for adequate and effective signs for identification and appropriate commercial speech. City Planning Commission Meeting Full Page 37 September 14, 2023 2. The applicant has demonstrated that the proposed plan substantially furthers the Purposes and Intent of Section 5.15.01., because the proposed amendments would protect the need to promote new businesses within the Shops at Centerpoint development. 3. The applicant has demonstrated that approval of the Planned Sign Program amendments would not create any adverse impacts on one or more properties in the vicinity because the proposed amendments reinforce and support the character of the surrounding commercial district by taking into account building scale and massing, and nearby travel speeds; balance the need and right to communicate with needs to promote orderly communication, promote community aesthetics, and prevent a proliferation of signs and sign structures that can be confusing and distracting, and; will ensure that signs are located, designed, constructed, installed, and maintained in a way that protects life, health, property and the public welfare. 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 silo structure be removed upon the termination of business operations. 3. That the silo sign not be lit. SUPPORTED by Mr. Rozeboom. MOTION CARRIED UNANIMOUSLY. City Planning Commission Meeting Full Page 38 September 14, 2023 RESULT: APPROVED WITH CONDITIONS [UNANIMOUS] MOVER: Susan Shannon, Board Member SECONDER: Paul Rozeboom, Vice Chairperson YEAS: Rozeboom, Van Strien, Bersche, Joseph, Wallace, Shannon, Williams, Jonker ABSENT: Salim Al-Shatel V. Communications A. Correspondence regarding potential development near Huff Park received after the August 10, 2023 Planning Commission meeting VI. Public Comment VII. Other Discussion VIII. Adjournment The meeting was closed at 4:03 PM