City of Howell Planning Commission August 20, E. Grand River Avenue Howell, MI 48843

Transcription

1 City of Howell Planning Commission August 20, E. Grand River Avenue Howell, MI The meeting of the City of Howell Planning Commission was held on August 20, 2014 at City Hall, 611 E. Grand River Howell, MI and was called to order by Chairman Streng at 7:00 p.m. PRESENT: Mayor Campbell, Paul Streng, Jeanette Ambrose, Maryanne Vukonich, Robert Spaulding, Erin Britten, Nick Proctor, Stewart Howe, Erin Perdu, Community Development Director and Deanna Robson, Recording Secretary. ABSENT: Shea Charles, City Manager GUESTS: Mike Kennedy, Kevin Doak, Gary Childs, Dennis Dolan, Ron VanHouten, Kevin Pybus, Sam Sanfilippo, Jim Barwell, Heather Brandenburg, Tom Cremonte, Rick Terres, Denise Policella, Belinda Peters, John Kinnunen APPROVAL OF July 16, 2014 MINUTES MOTION by Campbell, SUPPORT by Proctor, To approve the July 16, 2014 minutes as presented. MOTION CARRIED UNANIMOUSLY. CALL TO THE PUBLIC Kevin Doak, 751 S. Walnut, commented that he had an opportunity to view the WALLY commuter train at the Melon Festival and thinks that it is a fantastic and exciting project. STAFF REPORT Erin Perdu, Community Development Director, reviewed the staff report and provided the Commission with updates regarding progress on the Master Plan and the public input website: SpeakUpHowell.org. She also provided development updates on the Kroger fueling station, the Heart of Howell, Regal Auto Salvage, Town Commons and Gallery Park. Ms. Perdu noted the information in the back of the meeting packet regarding the upcoming Michigan Association of Planners Conference and stated that the City has funds budgeted to send a couple of planners. She also stated that the Michigan Citizen Planner Program being offered at the conference, as well as online, and asked the Commissioners to let staff know if they are interested in attending. Ms. Perdu also noted that there is a Michigan Municipal League conference the following week and inquired as to whether the Commissioners would be available to move the October Planning Commission meeting to Monday, October 6 th and add a work session for the Master Plan in conjunction with Erin s planned visit to the area. Commissioner Spaulding inquired about the Regal Auto Salvage site plan. Ms. Perdu responded that she has received a site work permit for the fence only and that she placed another inquiry to attorney. She also noted that the site plan was approved in October, and therefore will be expiring soon. PUBLIC HEARINGS # Medical Marijuana Ordinance Amendments The ordinance amendments regarding medical marijuana specifically deal with the location of medical marijuana provisioning centers and growing/manufacturing facilities as well as medical marijuana in

2 Page 2 home occupations. Another package of amendments has been prepared for the General Code of Ordinances (not part of the zoning ordinance) which includes licensing requirements for these establishments. The majority of the language developed will be incorporated into the City s General Code of Ordinances, not within the zoning ordinance. However, the language dealing with the sitting of these facilities and the home occupation language is in the zoning ordinance and therefore within the purview of the Planning Commission. The proposed amendments to the zoning ordinance include: inclusion of medical marijuana provisioning centers as a Special Land Use in the B-2, I-1 and I-2 districts; inclusion of medical marijuana growing/manufacturing facilities as a Special Land Use in the I-1 and I-2 districts; and language regulating medical marijuana home occupations. Chairman Streng stated that the Planning Commission would not be taking any action on the Medical Marijuana ordinance amendments at this meeting due to pending legislation at the State Senate. He opened the public hearing at 7:10 pm. Kevin Doak, 751 S. Walnut, stated that he realizes that he cannot prevent a medical marijuana facility next door to his home, but he would recommend that language be added to the ordinance that would prevent distribution centers from operating next door to parks. Mr.Doak voiced his concern about distribution close to children and families. Discussion followed regarding the map that was included with the Planning Commission packet and staff agreed to include all City parks in future maps for medical marijuana distribution center boundaries. Kevin Pybus, 2279 Sundance Ridge, Marion Twp., stated that he acquired his medical marijuana card in 2003 in Colorado, and commented that medical marijuana is becoming a regulated industry and is therefore subject to regulations like other controlled substances. He stated that there has been a reduction in teen drug use and violent crimes in Colorado since the state legalized marijuana use, and he complemented the City on creating a forum for people to get consistent and safe medication, where it can be regulated and controlled. Denise Policella, 4330 E. Grand River, stated that she has represented compassion clubs and provision centers. She commented that provisioning center openings are extraordinarily strict and that distributors can be personally liable for their operations, so she does not think that the recreational use of marijuana will increase due to presence of provisioning or distribution centers. Chairman Streng closed the public hearing at 7:18 pm. He stated that the Commissioners should send any comments to Ms. Perdu so that she may forward them to City Council. The Commission postponed action on the ordinance pending passage of state legislation and guidance from City Council. # Special Land Use: Howell Public Schools Billboard Sign The applicant, the Howell Public Schools, is proposing to install a new digital billboard on their property at 1313 W. Highland. The billboard would be 30 tall where there maximum height is 12 and 300 sf. in size where the maximum area is 100 sf. The billboard would also be a digital sign, which is not permitted in the City of Howell except for gas price LED signs. The proposed billboard will be used primarily for

3 Page 3 commercial advertising, which is why the sign is not exempt from local ordinance as are site plans for school uses (Revised School Code, MCL ). The intent of the Sign Ordinance includes keeping signs within a reasonable scale with respect to the buildings they identify and insuring the design of signs is harmonious with the structures in the immediate area. The proposed billboard is significantly larger and taller than any other sign within the City limits, and would also be the first digital billboard in the City. Staff does not believe the billboard meets the Preservation of Community Landscape standards, which include: (d) Preservation of Community Landscape. In the application of this article, it is the intent to protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs comply with the following: (1) Do not interfere with scenic views; (2) Do not create a nuisance to persons using the public right-of-way; (3) Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height, or movement; (4) Are not detrimental to surrounding property values; (5) Contribute to the special character and historical significance of particular areas or districts in the City; and (6) Are compatible in design, architecture, construction material and manner of lighting with the buildings in the area in which the signs are located. Based on the criteria above, staff recommends that the Planning Commission deny the request for a Special Land Use to construct a digital billboard on Howell Public Schools property at 1313 W. Highland Rd. Chairman Streng opened the public hearing at 7:22 pm. Rick Terres, Associate Superintendent of Howell Public Schools, informed the Commission that he was approached about a year ago regarding the opportunity for the digital billboard. He stated that this is an opportunity to for Howell Public Schools (HPS) to put their name on the sign. They plan on a weekly rotation of advertisers, advertising would be organized through HPS, and this would also be an inexpensive way to recruit families to the Howell Public School district. The proposed billboard would be placed at M-59, and HPS owns 1300 ft. east of the sign as well as the property west to Highlander Way. Mr. Terres also stated that the sign represents revenue source resulting in approximately $700,000 to the district over next 20 years. Chairman Streng inquired if Howell Public Schools would be responsible for placing the billboard. Mr. Terres responded that CBS Signs would be responsible for the sign assembly and stated that HPS has already signed a contract with CBS. Mr. Terres commented that HPS discussed the possibility of erecting a sign with the City in the winter, he believes that there was a misunderstanding regarding the size of the sign, and HPS moved ahead with the contract with CBS Signs. He also stated that the City may be able to use the sign to advertise community events. Commissioner Proctor inquired as to how the contractual relationship between HPS and CBS Signs would be impacted if the Planning Commission does not approve the special land use permit for the digital billboard. Mr. Terres asked their attorney to respond. Roy Henley, Thrun Law Firm, commented that the biggest effect would be on the district s revenue stream and that the risks are controlled within the

4 Page 4 contract, but he also made reference to the West Ottawa case and noted that CBS Signs takes a rather aggressive stance in defending their contracts. Commissioner Howe noted that it seems like HPS signed the contract with CBS Signs before approval for the digital billboard was granted by the City. Commissioner Proctor inquired about the City s ordinance language regarding signs. Ms. Perdue responded that the ordinance language is clear in its use, and that any exception to height, placement, area, etc. can come before the Planning Commission. Commissioner Spaulding asked if there are no specific provisions for billboards, so this special land use request is being reviewed as a sign. Ms. Perdu concurred. Mayor Campbell referred to the ordinance language and stated that he does not believe that is any compelling public interest why the ordinance should change to allow these types of signs. He reminded the Commissioners about another LED sign denial in the City and noted that City Council has maintained a precedent of not allowing LED signs. Commission Chair Streng concurred with the Mayor and agreed that approving the HPS sign would be setting a risky precedent. Commissioner Vukonich voiced her agreement with the Mayor s comments about the denial of a previous LED sign request Chairman Streng closed the public hearing at 7:37 pm. MOTION by Campbell, SUPPORT by Britten, To deny the request for a Special Land Use to construct a digital billboard on Howell Public Schools property at 1313 W. Highland Rd. MOTION CARRIED UNANIMOUSLY. OLD BUSINESS Master Plan Process - Update Erin Perdu, Community Development Director noted that the outreach website for the project, speakuphowell.org, has been launched to the public and there will be more updates posted on the City s social media. Surveys have been placed throughout the City. A series of Community Office Hours have been set to allow people to come and talk in person about the questions raised in the Guiding Values Survey (namely what they would like to Preserve, Create and Change in the City). A press release also went out. As the public process continues, staff is assembling responses with the goal of forming the basis of a set of Guiding Values for the city which will help define the scope (and table of contents) for the Master Plan as well as a decision-making framework for the City. At their August 11, 2014 regular meeting, the City Council approved a proposal from ENP & Associates Erin Perdu to complete the Master Plan using the process previously approved. The goal is to have the report for the October Planning Commission meeting. Commissioner/City Council Member Proctor plans to attend all community office hours. Chairman Streng stated that the City is providing many opportunities to gather public input and is looking to the community to tell staff what their vision is for the City.

5 Page 5 Commissioner Proctorr stated that the Form Based Code was presented to City Council at the meeing on August 11, 2014, and passed without dissent. He also complimented the Planning Commission for their due diligence and hard work, particularly Erin Perdu, Community Development Director and Dick Carlisle of Carlisle Wortman Associates. Chairman Streng asked Commissioner Proctor to thank the City Council for their support. NEW BUSINESS # Livingston County Jail Expansion Site Plan On June 20, 2014 the City received a site plan application for an expansion to the existing Livingston County Jail. The addition, approximately 28,000 sf., would be to the northeast corner of the building, extending eastward toward Highlander Way. One issue for Planning Commission confirmation is that of the build-to line along Highlander Way. Per section 4.07 of the zoning ordinance, the build-to line is to be the average setback of all buildings within 500 feet of the proposed building. In this case, the build-to line would be approximately 60 feet from Highlander Way. The applicant is proposing a build-to line of feet, which is permissible with Planning Commission approval. This build-to line is consistent with the character of development along Highlander Way, and also accounts for new sanitary and storm sewer lines to be installed between the building and the road ROW. Staff sees no issue with the proposed build-to line of feet. The landscaping plan also requires one deviation to be confirmed by the Planning Commission. The parking lot landscaping is two trees short of the number required. The applicant has cited security concerns as the reason for not providing additional landscaping. Given the nature of the use on the site, staff concurs with this request and would recommend that the Planning Commission grant this deviation. Based on staff review, along with the comments from the development team, staff recommends that the Planning Commission grant conditional approval of the site plan dated July 29, 2014 for an expansion to the Livingston County Jail with the following conditions: 1. Fire hydrant coverage of the site is reviewed and approved by the City of Howell Fire Department. 2. Existing catch basin rim elevations in the parking lot on the grading plan are labeled to clarify how storm water drainage from the proposed improvements will be collected. 3. Final construction documents are submitted to address the other issues raised in the HRC review dated July 2, Planning Commission concurs with the proposed build-to line of feet along Highlander Way 5. Planning Commission allows a deviation from the landscaping requirement of two parking lot trees due to security concerns. Erin Perdu, Community Development Director stated that there were no comments or concerns from Les Rodwell (Howell Area Fire Authority) in the initial review. Mike Kennedy of Lindhout Associates, reviewed the proposed additions and renovations including; interior layout, programming of the space, and its design. Mr. Kennedy also stated that this will be a two phase project, with Phase I completion expected in June 2015.

6 Page 6 Discussion followed regarding prisoner capacity, how long the proposed expansion is expected to serve the County, possibilities of adding more stories for future expansions, and the addition that was proposed a few years ago. MOTION by Campbell, SUPPORT by Proctor, To conditionally approve the site plan dated July 29, 2014 for an expansion to the Livingston County Jail with the following conditions: 1. Fire hydrant coverage of the site is reviewed and approved by the City of Howell Fire Department. 2. Existing catch basin rim elevations in the parking lot on the grading plan are labeled to clarify how storm water drainage from the proposed improvements will be collected. 3. Final construction documents are submitted to address the other issues raised in the HRC review dated July 2, Planning Commission concurs with the proposed build-to line of feet along Highlander Way 5. Planning Commission allows a deviation from the landscaping requirement of two parking lot trees due to security concerns. MOTION CARRIED UNANIMOUSLY. Chairman Streng thanked the Livingston County officials in attendance for the proposed expansion of the jail. Discussion Portable Signs (Duke s Pizza) At the July 28, 2014 City Council meeting the Council referred a matter concerning portable signs to the Planning Commission for guidance - and whether or not the regulation requiring sandwich board signs to be within 10 feet of the building entrance should be modified to address Mr. Kinnunen s grievance/request regarding placement of signs at his business (Duke s Pizza). This ordinance language was adopted in August of The City Council has requested that the Planning Commission examine the ordinance and report back as to whether any amendments are warranted. Erin Perdu, Community Development Director stated that this situation began with an enforcement case regarding Duke s Pizza. The owner had placed an A-frame sign in front of the business, and later moved the sign and mounted it on his vehicle. Mr. Kinnunen submitted an application to the Planning Commission for a Special Land Use, but he has been informed that the application is incomplete. Mayor Campbell stated that City Council asked the Planning Commission to examine the ordinance because sandwich board signs are currently allowed in pedestrian areas, and the Commission needs to consider if not allowing sandwich boards in other areas could disproportionately penalize business owners who are not as well capitalized as those who have larger signs, that are in compliance with the ordinance, to advertise their businesses. John Kinnunen stated that there is currently a billboard advertising his business on Interstate 96 that was provided to him temporarily free of charge for past business deals. He informed the Commission that when he initially started doing business in Howell, he did not know that

7 sandwich boards were not allowed. He stated that he cannot afford a big sign. Page 7 Mayor Campbell asked Mr. Kinnunen if he plans to complete the special land use request. Mr. Kinnunen responded that he was not aware of the $250 fee. The Mayor responded that a Mr. Kinnunen would probably receive a quicker response to a special land use request than he would to a change in the zoning ordinance. Commissioner Ambrose asked Ms. Perdu for clarification of a strip center, as noted in Ms. Perdu s April 19,2010 memo to the Planning Commission. Ms. Perdu responded that strip center refers to businesses in areas such as the Promenade, etc. and commented that businesses that are set back from the road sometimes try to place signs near the road. Commissioner Howe remarked that before the ordinance was updated in 2010, there were a lot of signs on M-59 and Michigan Avenue and the City looked junky. He expressed concern about allowing the precedent that it would set regarding future signs and sign requests. Mayor Campbell voiced his agreement. Discussion followed regarding making a distinction between locations more than 10 ft. from the road and strip commercial centers, as well as allowing for promotion of new businesses for a limited time. Commissioner Spaulding stated that there are rules for permanent signs, and that keeping them closer to buildings does not create as much of a distraction. He also expressed the importance of consistency in signage within the City. Mr. Kinnunen questioned the difference between permanent and temporary signs. Commissioner Spaulding responded that there are more controls with permanent signs, and it also sets a fair playing field for all businesses. Discussion followed regarding sandwich board signs that are allowed downtown. Mr. Kinnunen stated that they seem to be a nuisance downtown. Ms. Perdu commented that they are allowed near business entrances because they are geared toward pedestrians. MOTION by Spaulding, SUPPORTED by Proctor to excuse City Manager Shea Charles. MOTION CARRIED UNANIMOUSLY. MOTION by Spaulding, SUPPORTED by Proctor to adjourn the meeting at 8:35 p.m. MOTION CARRIED UNANIMOUSLY. Deanna Robson, Recording Secretary