Planning Commission

REGULAR PLANNING COMMISSION MEETING MINUTES JANUARY 12, 2017 THE REGULAR MEETING OF THE RICHMOND PLANNING COMMISSION WAS CALLED TO ORDER ON THURSDAY, JANUARY 12, 2017, AT 7:00 P.M., BY CHAIRMAN McCLELLAN. ROLL CALL Present: Durkee, Frank, Kaminski, McClellan, Moore, Rix, Weinert, Zink Absent: None Others: City Planner Jeschke, City Clerk Stagl Visitors: Tom Hebel, John Koch, Alison Koch, Roy Rose, Joseph Brickel, Heather Brickel, Vern Houston APPROVAL OF MINUTES Motion by Rix, seconded by Kaminski, to approve the minutes of the November 10, 2016, regular meeting as presented. All yeas Motion passes AUDIENCE PARTICIPATION None. CORRESPONDENCE City Council Meeting Minutes of November 7, 2016 City Council Meeting Minutes of November 21, 2016 City Council Meeting Minutes of December 5, 2016 City Council Meeting Minutes of December 19, 2016 Motion by Kaminski, seconded by Weinert, to receive and file the correspondence as presented. All yeas Motion passes PCM: 01/12/2017 Page 1 of 7 ADOPTION OF AGENDA Motion by Rix, seconded by Frank, to adopt the Agenda as presented. All yeas Motion passes PUBLIC HEARING A-1. Rez-01-2017/M19 Development, LLC/Request to rezone from RM-1 to B-3, 6.75 acres of property located at 37305 31 Mile Road City Planner Jeschke informed the Commission that this piece of property was originally part of the Henry Ford Medical Facility piece of property. The applicant requested that it be split off and it now requesting that it be rezoned. The applicant does not have immediate plans for the property, but the rezoning will provide better development opportunities. Motion by Rix, seconded by Frank, to open the public hearing for both scheduled rezoning public hearings at 7:04 p.m. All yeas Motion passes Alison Koch, 37291 31 Mile Road – spoke against the rezoning request. Concerned with Mr. Huvaere purchasing the property for his business and turning this into a parking lot for. The current parking lot has too many lights. Would prefer to see this site developed with high-end apartments. Concerned with her properties value if this site was turned into a parking lot. Joe Brickel, 37275 31 Mile Road – spoke against the rezoning request. If this site was turned into a parking lot, the driveway would be very close to his property, his deck would overlook the parking lot. Expressed concern with truck traffic. Expressed concern with his properties value. Vern Houston, speaking on behalf of St. Peter’s Lutheran Church – The Church had no objection to the rezoning request. Did express concerns with a future development and its effects on the school. Roy Rose, representing M19 Development, LLC – Mr. Rose informed the Commission that they do not have any commitments or agreement with any developers for the purchase of this property. Joe Brickel, 37275 31 Mile Road – If the property is rezoned, he would like the Commission to look at some type of protection for the houses adjacent to this site. John Koch, 37291 31 Mile Road – Questioned what could be built on the SEMCO easement. City Planner Jeschke informed the Commission that no structure could be PCM: 01/12/2017 Page 2 of 7 built over the easement. A parking lot could be built with the understanding from the owner that they may have to remove the parking lot if SEMCO needed to gain access to the pipeline. A-2. Rez-02-2017/City of Richmond/Request to rezone from PSP to B-2, .51 acres of property located at 68225 Main Street No written or verbal comments were received. Motion by Rix, seconded by Kaminski, to close the public hearings at 7:25 p.m. All yeas Motion passes ITEMS FOR CONSIDERATION B-1. Rez-01-2017/M19 Development, LLC/Request to rezone from RM-1 to B-3, 6.75 acres of property located at 37305 31 Mile Road City Planner Jeschke informed the Commission that the applicant was requesting the rezoning of approximately 6.75 acres of property located at 37305 31 Mile Road from RM-1 to B-3. The City Council has previously approved a lot split request from M-19 Development to create two parcels as part of the Henry Ford Medical Facility Development. The lot split created a parcel of approximately 5.37 acres (Henry Ford Medical Offices) that is zoning B-3 and a second parcel of 6.75 acres that is currently zoning RM-1. The Future Land Use Plan of the Master Plan designates this site as “Highway Commercial”. The Future Land Use Plan states that the “Highway Commercial” designation will permit higher intensity commercial uses which are not permitted in the Historic Commercial Neighborhood Commercial Districts. At this time, the property owner has not decided on a final use for this property. Motion by Rix, seconded by Moore, to approve the requested rezoning from RM-1 (Multiple Family Residential) to B-3 (General Business) of 6.75 acres of property located at 37305 31 Mile Road (APN: 50-07-06-01-451-056), for the following reasons: 1. Consistency with adopted Land Use Plan or demonstration that conditions have changed significantly since the Plan was adopted. The proposed rezoning to B-3 (General Business) is consistent with the future land use plan designation of Highway Commercial that currently exists over this property. 2. Current Zoning Compatibility with the Site’s Natural Features. A review of the property reveals that there are no woodlands or wetland within the property. Therefore, we find no reason that would cause the current or proposed zoning to be incompatible with the site’s Natural Features. 3. Reasonable return on investment with the current classification. No information has been provided relative to the current return on investment under the existing zoning classification or the proposed zoning classification. PCM: 01/12/2017 Page 3 of 7  4. Capacity of Infrastructure and other public services adequate to accommodate the used permitted in the “B-3” District without compromising the health, safety and public welfare. The proposed rezoning should not compromise the health, safety, and public welfare by rezoning the property B-3 (General Business). The proposed rezoning will most likely result in a slight increase in vehicle trips to the property on 31 Mile Road, which is currently a two-lane paved roadway past this property. In addition, with the infrastructure improvement that were done as part of the Henry Ford Development, the water and storm sewer capacity has been increased. 5. Apparent Demand for Uses in the B-3 (General Business) District. This property was designated for Multiple Family Residential during the last Master Plan Process in 2002. The property has sat vacant until recently when the commercially zoned portion of the property was developed as the Henry Ford Medical Offices. The property owner feels that there is more demand for commercial property that apartment/condos. 6. Ability to comply with proposed classification standards and requirements. The applicant currently does not have any proposed development plans for the property. However any future development would require a site plan review and the property standards and requirements would need to be met at that time. 7. Appropriateness of Requested Rezoning. The best tool for measuring the appropriateness of the requested rezoning is compliance with the Master Plan. In this case, the request to rezone the parcel from RM-1 (Multiply Family Residential to B-3 (General Business) is consistent with the Master Plan Designation of Highway Commercial. 8. Exclusionary and Spot Zoning Issues. In this case, the surrounding zoning B-3 (General Business) to the north, east, and south and RM-1 (Multiple Family Residential) to the west. In order for a rezoning to constitute spot zoning, two requisites must coexist: First, a change of the zoning applicable to a small area and second, a change which is out of harmony with comprehensive planning for the good of the community. In this case, the properties to the north, east, and south are consistent with the proposed rezoning; this would not constitute spot zoning. Exclusionary Zoning is the utilization of zoning ordinance to exclude certain types of people from a given community. In this case, the proposed rezoning clearly does not constitute exclusionary zoning. Discussion on motion: Rix stated that he felt the best use for the property was commercial. Weinert indicated that he would support the motion based on the future land use map. Zink – The Community needs to move forward. He did question if the Commission has option in place to protect the residents from a commercial development. Kaminski – Was not in favor of the rezoning. This piece of property used to be part of the entire Henry Ford site. PCM: 01/12/2017 Page 4 of 7 Vote on motion: Four yeas (Moore, Rix, Weinert, Zink) Four nays (Durkee, Frank, Kaminski, McClellan) Motion defeated B-2. Rez-02-2017/City of Richmond/Request to rezone from PSP to B-2, .51 acres of property located at 68225 Main Street Motion by Moore, seconded by Kaminski, to approve the requested rezoning from PSP (Public/Semi-Public) to B-2 (Downtown Business) of approximately 0.51 acres of property located at 68225 Main Street (commonly known as “Old City Hall”) (APN: 50- 07-06-01-161-007), for the following reasons: 1. Consistency with adopted Land Use Plan or demonstration that conditions have changed significantly since the Plan was adopted. The proposed rezoning to B-2 (Downtown Business) is not consistent with the future land use plan designation of Public-Semi-Public that currently exists on this property. However, the proposed B-2 zoning is consistent with the surrounding zoning; and it is expected to be consistent with the future land use plan designation when the Master Plan Revision is complete. 2. Current Zoning Compatibility with the Site’s Natural Features. The property is developed with a bank building that was constructed in the 1920’s. It was later used as administrative offices. If anything, the proposed zoning of B-2 (Downtown Business) is more compatible with the nature of the building on the property. 3. Reasonable return on investment with the current classification. The property is severely restricted under the PSP (Public/Semi-Public) zoning, and may result in uses that are not compatible next to retail and service uses in a downtown setting. The proposed B-2 (Downtown Business) zoning would allow uses that are compatible with the surrounding properties. 4. Capacity of Infrastructure and other public services adequate to accommodate the uses permitted in the “B-2” District without compromising the health, safety and public welfare. The property is currently developed so there would be minimal change to infrastructure. The proposed change to B-2 zoning would not compromise the health, safety and public welfare by allowing uses that are compatible with the surrounding properties. 5. Apparent Demand for Uses in the B-2 (Downtown Business) District. This property was designated for Public/Semi-Public during the last Master Plan Process in 2002. The property at that time, was being used as administrative office space for the City. The B-2 would simply allow the uses that have previously existed to continue. PCM: 01/12/2017 Page 5 of 7  6. Ability to comply with proposed classification standards and requirements. The property currently has a building constructed on it that was built to the B-2 standards with zero foot setbacks and lends itself to the uses that are allowed in the B-2 (Downtown Business) zoning designation. 7. Appropriateness of Requested Rezoning. The best tool for measuring the appropriateness of the requested rezoning is compliance with the Master Plan. In this case, the request is not consistent with the Master Plan Designation of Public/Semi-Public. However, when looking at the surrounding zoning, the PSP is restricted to just this one parcel. The adjacent properties on the north, east, and west are all zoned B-2 and this rezoning would be compatible with the surrounding area. 8. Exclusionary and Spot Zoning Issues. In this case, the surrounding zonings B-2 (Downtown Business) to the north, east, and west, and I-1 to the south. In order for a rezoning to constitute spot zoning two requisites must coexist: First, a change of the zoning applicable to a small area and second, and a change which is out of harmony with comprehensive planning for the good of the community. In this case, the properties to the north, east, and west are consistent with the proposed rezoning; this would not constitute spot zoning. In fact, the rezoning of this parcel would result in the elimination of a Spot Zoning. Exclusionary Zoning is the utilization of zoning ordinances to exclude certain types of people from a given community. In this case, the proposed rezoning clearly does not constitute exclusionary zoning. 9. Establishment of a desirable zoning trend policy for similar or identical lands. It can be said with some certainty that this rezoning will not change the trend in the Granary Business District in that the rezoning will allow uses that have traditionally existed on the property. All yeas Motion passes MISCELLANEOUS MATTERS FROM THE CITY STAFF None. COMMENTS FROM CHAIRMAN AND COMMISSION MEMBERS McClellan – Requested that Administration examine the lighting at Huvaere’s on Main Street for compliance to the City’s zoning ordinance. Frank – Informed Administration that a tree was down on the trail in Beebe Park near the gates. PCM: 01/12/2017 Page 6 of 7 ADJOURNMENT Motion by Frank, seconded by Kaminski, to adjourn the regular Planning Commission Meeting at 8:23 p.m. All yeas Motion passes Respectfully submitted: Karen M. Stagl City Clerk PCM: 01/12/2017 Page 7 of 7