City of Howell Planning Commission July 17, E. Grand River Avenue Howell, MI 48843

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1 City of Howell Planning Commission July 17, E. Grand River Avenue Howell, MI The meeting of the City of Howell Planning Commission was held on July 21, 2013 at City Hall, 611 E. Grand River Howell, MI and was called to order by Mayor Campbell at 7:00 p.m. PRESENT: Mayor Campbell, Shea Charles, Dawn Cooper, Stewart Howe, Robert Spaulding, Jeanette Ambrose, Andrew Sulkowski, Erin Perdu, Interim Community Development Director and Traci Mularoni Recording Secretary. ABSENT: Paul Streng and Maryanne Vukonich GUESTS: Tim Shamoun Call to order by Mayor Campbell at 7:00 p.m. APPROVAL OF THE July 17, 2013 MINUTES MOTION by Cooper SUPPORTED by Spaulding to approve the June 19, 2013 minutes as presented. MOTION CARRIED UNANIMOUSLY. CALL TO THE PUBLIC No comments from the public. STAFF REPORT Interim Community Development Director Perdu addressed the following items in her staff report: 1) Form Based Code Project South Michigan Avenue: meeting will be scheduled in the near future. 2) Opera House Historic District 3) Kroger Gas Station (Crossroads) 4) Grand Plaza Apartments Ground Breaking: Monday, July 22, 2013 at 6 p.m. will be the formal groundbreaking for this project. 5) Urban Chickens Mayor Campbell asked about the second portion of Moe s BarBar Shop. Interim Community Development Director Perdu will check on the status of the work that needs to be completed prior to opening. NEW BUSINESS # Special Land Use Public Hearing Regal Recycling (Lucy Road) Mayor Campbell opened the public hearing at 7:04 p.m. Interim Community Development Director Perdu outlined that there was correspondence received today and referenced the from Pete Lazic, a property owner that is located east of the site, and expressed their concerns about: 1) water contamination; 2) right-of-way access to get to their property, and; 3) concern over loss of property value.

2 Page 2 Interim Community Development Director Perdu explained to the Commission that the application was received three weeks prior and the site plan and land use plan are to be reviewed in concurrence. Mayor Campbell closed the public hearing at 7:07 p.m. MOTION by Spaulding, SUPPORTED by Cooper to table action on the request from Regal Recycling until it can be evaluated in tandum with the site plan. MOTION CARRIED UANINIMOUSLY. # Special Land Use Public Hearing Sign 402 W. Grand River Avenue Mayor Campbell opened the public hearing at 7:08 p.m. Public Comment: A letter was submitted by Mr. Jerry Sherwood of 402 W. Grand River, Howell, MI dated July 10, 2013, in support of the request. Mayor Campbell closed the public hearing at 7:09 p.m. MOTION by Ambrose, SUPPORTED by Cooper to approve the request for a Special Land Use to construct a freestanding sign at 402 W. Grand River Avenue that is 5 6 tall and setback 7 from the road right-of-way. MOTION CARRIED UNANIMOUSLY. # Special Land Use Public Hearing 160 Catrell (Training Facility) Mayor Campbell opened the public hearing at 7:11 p.m. Public Comment: Jamie Caporosso, applicant, addressed the Planning Commission regarding his proposed business and stated that he would like to open a gym in the area and would offer discounts for firemen, police, and other public service workers. Interim Community Development Perdu outlined the request that another private recreation facility would like to open a gym in this facility. The facility would offer private classes with up to 20 participants at a time in crossfit training. The only condition recommended for the facility is that the employees park in the large paved area only. Mayor Campbell closed the public hearing 7:12 p.m. MOTION by Sulkowski, SUPPORTED by Spaulding to conditionally approve the application for special land use for a private gym/fitness facility to be located at 160 Catrell, with the condition that all employees park on the paved area. MOTION CARRIED UNANIMOUSLY. # Site Plan Review Family Dollar, 505 E. Grand River Avenue Interim Community Development Director Perdu outlined her report by stating that a Family Dollar is working to open at 505 E. Grand River Avenue. The applicants are not proposing any changes to the building footprint and will be removing some equipment, like coolers, from the inside. It has been asked of the applicant to look at the parking and pedestrian flow on the site and they have complied with the request. A two dumpster enclosure will be added in the back, and the freestanding sign will be removed.

3 Page 3 Jeff Rutushin Fabo Enterprises (architect for Family Dollar) explained that he received the staff comments just yesterday. Side parking stalls 18 with tree plantings. End cap features were requested by Ms. Perdu and will be changed on the plan. Some of the additional landscape requirements may infringe on the parking spots, so it has been difficult for the architect to add additional landscape features. The lighting issue has been challenging in that the side lighting on the east side infringes on the property that abuts to the property. Mayor Campbell asked for further clarification on what lighting restrictions are being asked of the architect that are challenging: architect stated the light fixtures they are proposing are standard. Mayor Campbell asked Ms. Perdu about her concerns, and she stated that the northeast corner of the building lighting should be fine, but the southeast corner of the building lighting is adjacent to residential property. Mayor Campbell asked why the current freestanding sign is being taken down if the applicants are proposing to construct another freestanding sign. Ms. Perdu stated that the current sign is nonconforming in height and setback and will have to be addressed separately. MOTION by Ambrose, SUPPORTED by Charles to grant conditional approval of the site plan for Family Dollar to locate in the former Howell Village Market space at 505 E. Grand River Avenue with the following conditions: 1) The existing free standing sign on the property be completely removed no later than July 26, 2013; 2) Provide tree plantings within proposed parking lot island. 3) Provide additional landscape islands where areas have been striped. 4) Provide detail of lighting fixtures. 5) Reduce lighting levels to meet standards of Section ) Sign permits for both freestanding and wall signs will be issued separately by the City of Howell after verification of compliance with ordinance standards. MOTION CARRIED UNANIMOUSLY. Member Cooper commented that truck deliveries and how the property was kept in the past generated complaints from the neighborhoods, particularly with regard to the debris left in back of the building. City Manager Charles informed the Board that Family Dollar s operations were reviewed and while there are deliveries, they will not be at the level of the former business. # N. Michigan Avenue, Site Plan Amendment Neil Plante, Livingston Engineering, 3300 Old US-23, Brighton, Michigan outlined where current parking is located, and the new proposed parking on the property. Discussion took place on the parking spaces near the large Maple tree and whether they need to be moved to protect the tree. Photos were provided by the Engineer. Member Ambrose asked to have an arborist review the construction area to make sure the change would not impact the Maple tree and cause detriment. Interim Community Development Director Perdu pointed out that Mr. Carlisle suggested moving the 2 spots near the tree to another location. Alternate locations were discussed. It was agreed that one parking space (closest to the tree) would be moved to the row of parking spaces along the south side of the drive nearer to Thompson St.

4 Page 4 MOTION by Charles, SUPPORTED by Howe to grant conditional approval of the site plan amendment for 12 additional parking spaces at the McPherson Mansion, 915 N. Michigan Ave. with the following conditions: 1) Relocation of the one spot near the Maple tree to the southern edge of the property towards Thompson. MOTION CARRIED UNANIMOUSLY. OLD BUSINESS # Rezoning (Tabled) Michigan/Marion / / Interim Community Development Director Perdu reviewed the details of the request and the City Council action on the S. Michigan Ave. Corridor Form Based Code project. She stated that one of the options was for the applicant to submit a Conditional Rezoning request, where the applicant offers conditions with the rezoning. By law the Planning Commission can not recommend conditions. Other options include rezoning just the corner lot to B-1 Local Business and the remainder of the property to O-1 Office, or rezoning the entire property O-1 Office as recommended by the Master Plan. Mr. Robert Parker, of Parker Law addressed the Planning Commission on behalf of the applicant and stated that they were offering B-1 rezoning as a compromise solution. He also questioned the designation of the site on the Future Land Use Map as Office and stated that it appeared on the map to be designated Local Commercial. He stated that all other surrounding corners at that intersection are zoned B-2 General Business. Mr. Parker indicated that the third lot, south of Argyle on S. Michigan Ave. is zoned B-1. Discussion was held on the history of that site. Discussion was also held on the site of the proposed rezoning and Mr. Parker presented the reasons for their request and the constraints that the lot depths along S. Michigan Ave. place on development. Member Ambrose asked Ms. Perdu what conditions, for example, could be given by the applicant to tie any future site plan conditions to the property. Ms. Perdu stated that future development of the property would be conditioned on the terms offered by the applicant and accepted on the site plan, and this is based on what is allowed in the Michigan Zoning Enabling Act. City Manager Charles answered that Conditional Rezoning is like a variation of a PUD. Mayor Campbell stated that he had met with three families in the neighborhood adjoining the subject property (Marion/Pulford area) and the concern that commercial uses can invade their neighborhood. Concerns were expressed that Dunkin Donuts and the gas station have impacted their neighborhood negatively. MOTION by Cooper, SUPPORTED by Howe, for the Planning Commission to recommend denial of the rezoning request at this time. Member Ambrose asked if the corridor plan reached into changing the use of the adjacent neighborhoods, and Ms. Perdu stated it did not. Member Ambrose asked if the corner lot was rezoned to B-1 and the adjacent lot that has not been combined, could split zoning occur? Ms. Perdu stated that any use would be confined to the zoning of the lot where the use was proposed. City Manager Charles asked the Commission to postpone the request until the next meeting for staff research into the Master Plan designation and the zoning history of the parcel south of Argyle, as well as to allow for discussion from Commission members absent from this meeting.

5 Page 5 MOTION by Charles, SUPPORTED by Cooper, to postpone action until the August Planning Commission meeting. MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS MOTION by Charles, SUPPORTED by Campbell, to excuse Members Streng and Vukonich. MOTION CARRIED UNANIMOUSLY. Member Ambrose indicated that there is a blocked stop sign at the drive coming from the Promenade Mall onto Sibley. MOTION by Cooper, SUPPORTED by Ambrose, to adjourn the meeting at 8:28 p.m. MOTION CARRIED UNANIMOUSLY. Traci Mularoni, Recording Secretary