City of Howell Planning Commission February 18, E. Grand River Avenue Howell, MI 48843

Transcription

1 City of Howell Planning Commission February 18, E. Grand River Avenue Howell, MI The regular meeting of the Planning Commission was called to order by Chairman Streng at 7:00 p.m. PRESENT: City Manager Shea Charles, Paul Streng, Jeanette Ambrose, Robert Spaulding, Nick Proctor, Stewart Howe, Erin Britten, Mayor Phillip Campbell, Police Chief George Basar, City Attorney Dennis Perkins, Dick Carlisle of Carlisle Wortman Associates, Community Development Director Tim Schmitt, and Recording Secretary Deanna Robson. ABSENT: Maryanne Vukonich. GUESTS: Tony Kisiel, Vern and Jane Brockway. APPROVAL OF December 17, 2014 MINUTES MOTION by Proctor, SUPPORTED by Spaulding, To approve the December 17, 2014 minutes as presented. MOTION CARRIED UNANIMOUSLY. CALL TO THE PUBLIC None. STAFF REPORT Chairman Streng introduced Timothy Schmitt, Community Development Director, and recognized him for his past work/educational experience and professional accomplishments. Mr. Schmitt reviewed the staff report and provided the Commission with updates regarding the Kroger Fuel Project, Livingston County Jail, Taco Bell, Thai Summit, National Sewer CIPP, Gallery Park and the Master Plan. He also stated that the Thai Summit project will be moving forward and a modification is expected for Gallery Park. Mayor Campbell updated the Planning Commission on the February 9, 2015 City Council meeting and stated that Council denied the sidewalk waiver request for the Livingston County Jail. The City should expect a sidewalk to be installed in the summer. NEW BUSINESS # Regal Auto Salvage Site Plan Extension Timothy Schmitt, Community Development Director, introduced the agenda item regarding Regal Auto Salvage and stated that the Planning Commission had previously approved their site plan. He updated the Commission that some work has been completed over the last year; delays previously occurred due to the unexpected passing of the company s engineer; and Regal requested an extension in November. They have recently provided a detailed timeline for completing the project. On November 19, 2014, the City of Howell received a letter from Paul Bohn, the attorney representing Regal Auto Parts, requesting a one year extension of the site plan that was due to expire the next day. The Regal Auto Parts auto salvage operation was expanded illegally in December, 2012 and the City sent the owner of the property a violation letter for the expansion. The plans for addressing the violations and expanding the auto salvage business were approved in There were a number of items to be addressed at that time and the applicant s attorney has provided an up to date status of the major items in

2 Page 2 their letter, dated January 13, The applicant has nearly addressed all of the major visually related issues, but major site related issues remain. They have committed to addressing them within the next nine months. If they are not finalized, Staff will be forced to consider enforcement action that would result in the expansion being ceased and the operation reverting back to the main site only. Commissioner Spaulding inquired if the site plan could be revoked if timelines are not met. Mr. Schmitt confirmed and stated that Staff recommends conditional approval based upon timelines outlined in the letter from Regal s attorney. MOTION by Campbell, SUPPORTED by Spaulding, To conditionally extend the site plan and special land use for 945 Lucy Road, parcel id number , subject to the applicant immediately addressing all outdoor storage issues that can be addressed in the short term and the applicant addressing all other site plan and special land use conditions prior to October 31, 2015, based on the applicant s attorney letter of January 13, MOTION CARRIED UNANIMOUSLY. # Geroux Lot Split Request, vacant Fowler Street property Community Development Director Schmitt stated that the applicants, Lloyd and Janice Geroux, are requesting to split an existing lot, located to the rear of 409 Fowler Street. The property is currently vacant and the proposed split would create two new lots. The property has access to a platted Right-of- Way and that the applicants are proposing to split the property in two pieces and sell one piece to St. Joseph Catholic Church. The division of Lot 13 is currently proposed to provide 38.6 feet to the church, leaving 27.4 feet with the remainder parcel. This adds up to 66 feet in total. The original plat, however, indicates that Lot 13, along with lots 11, 12, 14, 15, and 16, are all 63 feet in width. The applicant will need to modify the dimensions proposed for the church and remainder parcel prior to final approval or further clarify the situation with City Staff. If this split is approved, the applicant will sell the easternmost created lot to the Church. Staff would then expect to see a lot combination application from the Church, combining the new lot with their existing lot. This would be done administratively and not brought to the Planning Commission for their review. Commissioner Ambrose inquired if the property will have to be rezoned before it is combined. Mr. Schmitt responded that the property and lot are already zoned residential, consistent with their use. MOTION by Proctor, SUPPORTED by Howe, To conditionally approve the land division application (#15-002) for the vacant property on Fowler Street, parcel id number , subject to the applicant correcting and/or clarifying the amount of property being split and amount of property remaining after the division of Lot 13. MOTION CARRIED UNANIMOUSLY. OLD BUSINESS MXD amendment discussion Community Development Director Schmitt provided background from the November 19, 2014 Planning Commission meeting where City Manager Charles supplied information regarding a request from Tony Kisiel, developer of Crossroads Town Center. Mr. Kisiel had contacted Staff expressing a desire to rezone the center from MXD, Mixed Use District, to B-2, General Business District, to open up the development opportunities on the site. Mr. Charles and Dick Carlisle, of Carlisle Wortman Associates, met with Mr. Kisiel to discuss the request and the MXD zoning in general. Mr. Kisiel pointed out three main areas of concern he had with the current MXD zoning, which was prompting his desire to rezone the property: 1. Prohibition on fueling stations in the MXD district (item has been addressed) 2. Limited signage in the district, specifically not permitting pole signs in the district 3. No ability to have fast food restaurants with drive throughs

3 Page 3 At the November meeting, the Planning Commission discussed the matter and the Commission asked Staff to compile information regarding the zoning and the potential business opportunities that are being missed as a result of the current zoning, as well as to work with Mr. Kisiel to compile information and specific examples of potential business developments for future discussion with the Commission. Staff met with Mr. Kisiel on January 14, 2015 to discuss the situation. Mr. Kisiel reiterated the points he raised regarding the changes he wanted to see to the ordinance. The MXD zoning district was created to respond to the goals and objectives set forth in the Northeast Area/M-59 Target Plan. It provides broad flexibility in uses intended to be pedestrian oriented in nature, creating a neighborhood feel with modern amenities and design. Vehicular dominated uses and strip center type developments are discouraged. Over the years, the City has modified some regulations, notably the complete prohibition on fueling stations, to provide some flexibility, while still maintaining the overall structure of the district. Adding drive through restaurants as a permitted use (the request of the applicant) or even as a special land use similar to the fueling station approach, would be a fundamental shift from the intent of the district. Drive throughs are intended to be ancillary uses only in this district, not as a primary use. Mr. Schmitt asked for direction if the Commission would like changes to the zoning language. Dick Carlisle of Carlisle Wortman Associates advised the Commission that the issues raised by Mr. Kisiel are not new, and that some past issues have been addressed and changes have been made. He cautioned the Planning Commission to put their decisions into broad context. Mr. Carlisle reminded the Commission that the MXD was originally created for cohesiveness with the City and to extend the pattern of high quality mixed use developments and that many others have made investments in the area reliant on the Town Commons MXD plan. Chairman Streng noted that a public hearing is required for any zoning changes. Commissioner Ambrose asked Mr. Carlisle if the deed restrictions within the development had been resolved. Mr. Carlisle confirmed that they were resolved and that they had been imposed by Kroger. Mr. Kisiel agreed. Chairman Streng asked Mr. Kisiel what he would like from the Planning Commission. Mr. Kisiel stated that he would like to see flexibility in the development, which he referred to as a mini regional center. He advised the Commission that he believes that more flexibility is better for the City and for future development. Mr. Kisiel read (out loud) his correspondence dated February 18, 2015 that he sent to City Manager Charles and which was also distributed to the commissioners prior to the meeting per his request. Mayor Campbell asked Mr. Kisiel if he was asking for the development to be rezoned to B-2 or an amendment to MXD. Mr. Kisiel did not give a definite answer and responded that he is open to either option. Commissioner Proctor inquired if the requested change could be accomplished through a Special Land Use, instead of amending current zoning. Mr. Schmitt responded that Mr. Kisiel would need to request rezoning to B-2 or amend the MXD because drive throughs are not allowed currently in the MXD. Discussion followed regarding variances, Special Land Uses, amending the MXD, and exploring mechanisms to develop a proposal. Mr. Schmitt stated that Mr. Kisiel has three options: 1. Request a Use Variance from the Board of Zoning Appeals; 2. Request an amendment to the MXD; or 3. Request that

4 Page 4 the development be rezoned to B-2. Mr. Carlisle also noted that any amendments would need to go before the joint committee due to the Act 7 agreement with Howell Township. City Manager Charles stated that the property was transferred to the City through Act 7, and the agreement states that any site plans or changes to zoning districts must go through the joint planning committee (as they have since the property was transferred). Discussion continued regarding rezoning to B-2 and amendments to the MXD. Mr. Carlisle cautioned that if the MXD is amended, it will be amended for the entire area and the majority of the site has already been successfully developed in compliance with the current ordinance requirements. Mr. Kisiel disagreed and stated that the MXD has been amended several times due to development and that more changes are needed. Discussion followed regarding which specific properties are zoned MXD. Mr. Carlisle advised the Commission to examine this request in the context of the overall plan, and not in the context of a specific request. Commissioner Ambrose noted that building structures could be affected if the property was rezoned to B-2. Mr. Kisiel responded that his potential developers want to continue the quality and scale of the project. Mayor Campbell stated that he supports allowing driving throughs and proposed rezoning to B-2. He asserted that the Planning Commission should not be bound by the direction and vision originally agreed to for the property, and further stated that Crossroads Town Center is the only commercial property in the City with MXD zoning. Mayor Campbell recommended that the property be rezoned to B-2 as part of the Master Plan. Chairman Streng commented that the Commission should hear from the people that they work for the people in the City to ensure that they are serving those who live in the surrounding areas, and not just those who are passing through. He also expressed concern about future owners of the property and the preservation of the initial vision. Commissioner Spaulding conveyed his concern that rezoning to B-2 may result in a loss of aesthetic consistency within the development. Commissioner Proctor noted that he would not support changing the whole development to B-2, but may support flexibility in the MXD to develop a single parcel for a fast food drive through. Mr. Kisiel responded that he is requesting that the City allow restaurants with drive throughs and inquired as to the path of least resistance. City Manager Charles stated that the MXD currently allows for some restaurants with drive throughs and clarified with Mr. Kisiel that he is seeking for a change to allow drive through dominated restaurants such as fast food establishments. Chairman Streng stated that it is not the role of the Planning Commission to initiate requests, and he directed Mr. Kisiel to work with Staff, compile his request, and come back to the Planning Commission with a proposal. He advised Mr. Kisiel that he himself must make the decision regarding what he is specifically requesting, and that Staff and the Planning Commission cannot make that decision. Ordinance # Medical Marijuana Regulations Community Development Director Schmitt presented information regarding Medical Marijuana regulations in the State of Michigan. Initiated Law 1, adopted by the voters of Michigan in November 2008 and allowing for the use of Medical Marijuana in the State, was vaguely written and contained virtually no information about how to implement regulations for this new industry. This led to a multitude of court cases and very little action from the State legislature to try and figure out how to apply the provisions of the law. Since March of 2014, the City has had a moratorium on all marijuana related businesses. Staff prepared an ordinance, Proposed Ordinance , that was brought forward to the Planning Commission in July 2014 to establish regulations for the growing, processing, and sale of medical marijuana in the City of Howell. An initial public hearing was held by the Planning Commission at their August 13, 2014 meeting. The matter was tabled at that time to await progress from the State legislature. Since then two bills that were introduced were not acted upon in the lame duck session. At this time, there is little to no clarity in the regulatory landscape regarding Medical Marijuana at the State level. Staff brought the matter back to the City Council at the February 9, 2015 meeting, seeking guidance on how Council would like to proceed.

5 Page 5 Given the lack of action from the State legislature, cities and townships are left to address Medical Marijuana uses on their own. At this time, the City of Howell is the only municipality in Livingston County that is considering permitting these types of uses. There are essentially four courses of action that can be taken at this point: 1. Take no action; 2. Prohibit all medical marijuana related businesses; 3. Prohibit provisioning centers, but allow home occupations; and 4. Regulate provisioning centers, grow operations, and other related businesses. Chairman Streng introduced City of Howell Police Chief George Basar. Chief Basar stated that current case law indicates that Medical Marijuana dispensaries and provisioning centers are not allowed, but municipalities can allow them through ordinances. Although most law enforcement officials are not opposed to people getting the medicine that they need, they are forced to voice their opposition due to the number of holes in the current law. Law enforcement is placed in the position of trying to separate out how to allow Medical Marijuana for those who legitimately need it as opposed to people who are using it for recreational use. Chief Basar noted that he is currently on a committee with a variety of organizations to work with sponsors and others to create a regulatory framework. He recommended that the City continue the moratorium on Medical Marijuana until the end of the year to see what decisions are made by the State legislature and to learn the operational impacts of the recent court cases. Chief Basar also noted the challenges of ensuring the safety and correct dosages in Medical Marijuana edibles. He stated that the requirements for safety centers are different than those for provisioning centers, and clarity is needed regarding patients growing marijuana at home for their personal use being able to sell overages to provisioning centers. Chief Basar also explained that current law may state how many plants can be grown in each type of facility, but the law does not state how large each plant can be. Discussion followed about inspecting properties that house grow operations, and the potential for mold and strong odors therein that also affect surrounding properties. City Attorney Dennis Perkins stated that his recommendation would be to continue the moratorium due to concerns about enforcing a law which provides very little guidance from the State. At this point allowing provisioning centers could result in unintended consequences, such as mandatory zoning changes and establishment of future no-conforming uses. City Manager Charles commented that the issue has come up again because the original language was deemed unconstitutional under case law. City Council spoke about the issue at the February 9, 2015 meeting and received many different opinions from Council members and the public (those who voiced support for Medical Marijuana regulations reside outside of the City). Mayor Campbell noted that Council discussed the issue and heard from many people, and that City Council needs a recommendation from the Planning Commission. Commissioner Proctor stated that his position is and will be to support medicinal marijuana, but he would not support legalization for recreational use. Further, he would support a moratorium and would prohibit all Medical Marijuana related businesses. In the interim, he would recommend prohibiting all Medical Marijuana related businesses until firm regulatory guidance is provided by the State. Commissioner Ambrose inquired if a Medical Marijuana card holder could obtain the product and take it home to use. Chief Basar confirmed that someone who has been issued a Medical Marijuana card could grow their own product, or obtain the product from a caregiver or a provisioning center. Chairman Streng asked if the City would need an ordinance to institute a ban on Medical Marijuana related businesses. Attorney Perkins responded that an ordinance is not necessarily required because a moratorium is legally defensible.

6 Page 6 MOTION by Proctor, SUPPORTED by Britten, To recommend to City Council to continue the moratorium on Medical Marijuana until December 31, 2015 at which time the ordinance should be reconsidered given any further state guidance on a regulatory framework. The ordinance should come before the Planning Commission in October/November of 2014 for re-evaluation. MOTION CARRIED UNANIMOUSLY. MOTION by Spaulding, SUPPORTED by Britten, To excuse Commissioner Vukonich from the February 18, 2015 Planning Commission meeting. MOTION CARRIED UNANIMOUSLY. MOTION by Proctor, SUPPORTED by Spaulding, To adjourn the meeting at 9:25 p.m. MOTION CARRIED UNANIMOUSLY. Deanna Robson, Recording Secretary