Planning Commission

REGULAR PLANNING COMMISSION MEETING MINUTES JUNE 8, 2017 THE REGULAR MEETING OF THE RICHMOND PLANNING COMMISSION WAS CALLED TO ORDER ON THURSDAY, JUNE 8, 2017, AT 7:16 P.M., BY CO-CHAIRMAN ZINK. ROLL CALL Present: Durkee, Frank, Kaminski, Majchrzak, Moore, Rix, Weinert, Zink Absent: McClellan Others: City Planner Jeschke, City Clerk Stagl Visitors: Vicki Wolber and Sean McCarthy from Macomb County Emergency Management; Staci Reynolds and Rene Thomas from Motorola; Don Crittrell from Pyramid Networks Service, Catherine Wilkins, David Wilkins, Kari Nieman, Melissa Majchrzak, Chris Werner, Al Maniaci Motion by Moore, seconded by Rix, to excuse Commissioner McClellan from tonight’s meeting, due to being out of town. All yeas Motion passes APPROVAL OF MINUTES Motion by Kaminski, seconded by Durkee, to approve the minutes of the May 11, 2017, regular meeting as presented. All yeas Motion passes AUDIENCE PARTICIPATION None. CORRESPONDENCE City Council Meeting Minutes of April 17, 2017 City Council Meeting Minutes of May 1, 2017 Motion by Kaminski, seconded by Rix, to receive and file the correspondence as presented. All yeas Motion passes PCM: 06/08/2017 Page 1 of 7 ADOPTION OF AGENDA Motion by Rix, seconded by Kaminski, to adopt the Agenda as presented. All yeas Motion passes PUBLIC HEARING A.-1. REZ-04-2017/City of Richmond on behalf of Henry C. VanHaverbeck/Rezoning Request for 35600 Division from PSP to B-2 Motion by Moore, seconded by Frank, to open the Public Hearing at 7:18 p.m. All yeas Motion passes City Planner Jeschke informed the Commission that the City was working with the property owner to resolve this blight issue. The City has been working with the property owner to have this house removed. We have come to an agreement with the property owner for removal of this house. Part of the agreement was to rezone this property. Motion by Moore, seconded by Frank, to close the public hearing at 7:21 p.m. All yeas Motion passes A.-2. SCU-01-2017/DAP Building Management/Request for Special Condition Use Permit/69209 Forest Street Motion by Moore, seconded by Rix, to open the Public Hearing at 7:22 p.m. All yeas Motion passes City Planner Jeschke informed the Commission that the applicant was proposing a Microbrewery on the property. The applicant was proposing to have a tap room at the front of the business with a seating area and bar space. Section 4.02 of the zoning ordinance states that Microbreweries are subject to a Special Conditional Use review within the B-2 zoning class. Catherine Wilkins, 69210 Forest – Expressed concern with the hours of operation and how it would affect the adjacent residential properties. Kari Nieman, 69112 Forest – Expressed her concerns and stated that she hopes the Commission will consider all of the residents adjacent to this property. Some of the issues of concern were: 1) Where would the patrons park; 2) Hours of operation; 3) PCM: 06/08/2017 Page 2 of 7 Where would the patrons smoke; 4) What type of noise will be associated with this business; 5) What type of odors will be associated with this business. She further stated that it was important to support new business, but need to consider the surrounding residents. Chris Werner, 69046 Forest – Expressed parking concerns. Not against the Microbrewery, just questioned where the patrons would park. Daryl Starr, representing Starr Brewery, indicated that this was a family brewery and they were willing to address the issues of the residents. Informed the Commission that this type of business was more of a gathering place. The business hours were different than those of a typical bar – they would not be open until 2:00 a.m. More like 10 pm or 11 pm on weekends. Camille Silda, from Macomb County Planning and Economic Development, explained that Microbreweries attract a different type of crowd than typical bars. The other Microbreweries in the County have been very successful. Motion by Moore, seconded by Frank, to close the Public Hearing at 7:33 p.m. All yeas Motion passes ITEMS FOR CONSIDERATION B-1. PIR-02-2017/City of Richmond/Public Improvement Review for a Proposed 195 foot tall emergency communications tower/36725 Division Road City Planner Jeschke informed the Commission that Macomb County Emergency Management, was requesting approval for a proposed 195 foot tall emergency communication zero-fall monopole tower on 7.294 acres of property located at 36725 Division Road. There will also be a 20 foot by 27.5 foot fenced-in area that will house a generator and other ancillary equipment in addition to the tower. The location being proposed is the northeast corner of the City Hall/Police Post property to the east of the pole barn. The communications tower will improve communications for the Police, Fire and EMS. There are currently dead spots for Public Safety personnel in our community where radios have difficulty communicating. The Board of Zoning Appeals, prior to the Planning Commission Meeting, approved a variance to allow the construction of the communication tower with a setback 8.5 feet from the rear property line, where 195 feet is the minimum setback allowed. PCM: 06/08/2017 Page 3 of 7 Motion by Kaminski, seconded by Rix, to approve the requested Public Improvement Review of the Site Plan Review for a proposed 195 foot tall emergency communications zero-fall monopole tower on 7.294 acres of property located at 36725 Division Road (APN: 50-07-03-36-376-106, subject to the following conditions: 1. The applicant shall plant two (2) 24-inch box white cedar (Thuja Occidentalis) trees approximately ten (10) feet to the east of the proposed security fence and approximately fourteen (14) feet to the south and north of the remaining coniferous (pine) tree. All yeas Motion passes B-2. REZ-04-2017/City of Richmond on behalf of Henry C. VanHaverbeck/Rezoning Request for 35600 Division from PSP to B-2 City Planner Jeschke informed the Commission that the City of Richmond was requested the rezoning of approximately 0.43 acres of property located at 35600 Division Road from PSP to B-2. The City is proposing this rezoning as part of a proposed code enforcement agreement with the owners of the property. In return for the rezoning, the owner will demolish the structure on the property, which is currently blighted. Motion by Frank, seconded by Kaminski, to approve the requested rezoning from PSO (Public/Semi-Public) to B-2 (Downtown Business) of approximately 0.43 acres of property located at 3560 Division Road (APN: 50-07-06-02-226-002), for the following findings of fact: 1. The proposed rezoning 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. The property is developed with a former single-family dwelling that will soon be demolished. There are no natural features associated with the property. 3. The property is severely restricted under the PSP zoning, and may result in uses that are not compatible next to retail and service uses in a downtown setting. The proposed B-2 zoning would allow uses that are compatible with the surrounding properties. 4. 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. This property was inadvertently designated for PSP during the last Master Plan Process in 2002. The property at that time, was being used as a rental property. The property’s location on Division Road though lends itself to a more commercial nature. 6. The property owner has been made aware of the standards and requirement of the B-2 zoning. Once the structure has been demolished all future structures will need to meet those standards and requirements. PCM: 06/08/2017 Page 4 of 7  7. 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 PSP to B-2 is not consistent with the Master Plan Designation of PSP. However, when looking at the surrounding zoning, the properties to the east are zoned B-2 and the properties along Main Street are also zoned B-2. 8. The surrounding zoning of B-2 is located to the east along Division Road and to the north and south along Main Street. In order for a rezoning to constitute spot zoning, two requisites must coexist: First, a change of the zone applicable to 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 east on Division Road and to the north and south along Main Street are consistent with the proposed rezoning; this would not constitute 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. It can be said with some certainty that this rezoning will not set a precedence or set a trend. All yeas Motion passes B-3. SCU-01-2017/DAP Building Management/Request for Special Condition Use Permit/69209 Forest Street City Planner Jeschke informed the Commission that the application was requesting a Special Condition Use Permit to allow a proposed Microbrewer on 0.29 acres of property located at the northwest corner of Water Street and Forest Street, 69209 Forest Avenue. The applicant is proposing to have a tap room at the front of the business with seating area and bar space. The rear portion of the building will be resale shop as well as general storage area for the resale shop and tap room. The brewing equipment will be housed within the secondary building to the north of the main building. The City Planner further stated that the building occupancy would allow up to 40 patrons, which would require total of 22 parking spaces. Twelve (12) of these parking spaces will be provided on-site – the business owner should encourage the patrons to use the municipal parking lot for additional parking. Parking standards are not strictly enforced in the downtown areas due to on-street parking and municipal parking lot. The Applicant has met the requirements of the Zoning Ordinance. It was stated that a Microbrewery does not attract the typical bar crowd. The biggest possible issue will be to monitor the on-street parking on Forest Street and see if it is causing issues to the neighboring residences. The recommendation of the City Planner was to have the City Administration and the Police Department monitor the situation and work with the business owner. The City Council does have the authority to adopt traffic control order on public streets. PCM: 06/08/2017 Page 5 of 7 Some Commissioners did express concern with the parking. It was stated that the City has several ordinances which can be applied to control any negative problems. The applicant indicated that at this time they would not be providing food service. They did plan on adding directional lighting at the entrance of the building. Motion by Kaminski, seconded by Frank, to approve the requested Special Condition Use Permit to allow a proposed Microbrewery (Starr Brewery) on 0.29 acres of property located at 69209 Forest Street, subject to the following conditions: 1. Prior to the issuance of a Certificate of Occupancy, the applicant shall submit for all appropriate building and trades permits. 2. The applicant shall continue to work with City Administration on the exterior renovations made to the building to comply more with our zoning ordinance standards 3. The applicant shall work with City Administration on any proposed wall signage to ensure it conforms to the sign section of the zoning ordinance. 4. The applicant shall mark the parking spaces as directed on Map 1 – recommended parking layout. All yeas Motion passes B-4. SPR-01-2017/Alfonse & Theresa Maniaci/Site Plan Review/69001 Main Street City Planner Jeschke informed the Commission that the applicant was proposing a 541 square foot addition and a parking lot expansion in conjunction with an existing flower shop on 0.34 acres of property located at 69001 Main Street. The proposed addition would be added on to the rear of the existing building off the north side which will be to the west of the current parking area. Additionally, the applicant is proposing to add an extra row of parking to their parking lot. The applicant never constructed the 544 square foot addition and reconfigured the layout; therefore this current request replaces the previous request with regards to the building addition. Motion by Moore, seconded by Frank, to approve the requested site plan review for a proposed business in an existing 1,880 square foot building and a proposed 544 square foot building addition on 0.34 acres at 69001 and 69037 Main Street, subject to the following conditions: 1. Prior to the issuance of a Certificate of Occupancy for the building addition, the applicant shall apply for a lot combine through the City Assessors Office. 2. Prior to the issuance of a Certificate of Occupancy for the building addition, the parking lot shall be restriped to indicate the appropriate parking space locations and dimensions as well as all emblems and signage as may be required. 3. Prior to the issuance of a Certificate of Occupancy for the building addition, the applicant shall submit for all appropriate building and trades permits. PCM: 06/08/2017 Page 6 of 7  4. Prior to the issuance of a Certificate of Occupancy for the building addition, the applicant shall plant (1) 24-inch box deciduous tree within the parking island on the north side of the parking lot. All yeas Motion passes MISCELLANEOUS MATTERS FROM THE CITY STAFF City Manager Moore – Thanked the residents that attended tonight’s meeting. - The City street project has been completed. - The CN railroad will be making repairs to the Main Street track later this summer. City Planner Jeschke – At the August Meeting, Macomb County Planning will be going over the Future Land Use Map with the Commission COMMENTS FROM CHAIRMAN AND COMMISSION MEMBERS Kaminski – Questioned the tree removal and dirt moving on the property on 32 Mile Road. The City Manager and City Planner have spoken with the property owner. The activity is in compliance with the City’s ordinances and the property owner will be restoring the property. ADJOURNMENT Motion by Frank, seconded by Rix, to adjourn the regular Planning Commission Meeting at 8:40 p.m. All yeas Motion passes Respectfully submitted: Karen M. Stagl City Clerk PCM: 06/08/2017 Page 7 of 7