City of Howell Planning Commission July 16, E. Grand River Avenue Howell, MI 48843

Transcription

1 City of Howell Planning Commission July 16, E. Grand River Avenue Howell, MI The meeting of the City of Howell Planning Commission was held on July 16, 2014 at City Hall, 611 E. Grand River Howell, MI and was called to order by Vice-Chairperson Vukonich at 7:02 p.m. PRESENT: Mayor Campbell, Maryanne Vukonich, Robert Spaulding, Erin Britten, Nick Proctor, Stewart Howe, Shea Charles, City Manager, Erin Perdu, Community Development Director, Dick Carlisle of Carlisle Wortman Associates and Deanna Robson, Recording Secretary. ABSENT: Paul Streng, Jeanette Ambrose GUESTS: Laura Zehnpfennig, Mel and Sue Gillett, Lloyd and Janice Geroux, Paul Crawford, Patty Zerbel, Al Schlittler, Kevin Pybus, Jeff Shetler, Tom and Pat O Connell, Denise Pollizella, Pat Jackson, Pam Desai, Timothy Wiles APPROVAL OF June 18, 2014 MINUTES MOTION by Campbell, SUPPORT by Proctor, To approve the June 18, 2014 minutes as presented. MOTION CARRIED UNANIMOUSLY. CALL TO THE PUBLIC No comments from the public. STAFF REPORT Erin Perdu, Community Development Director, reviewed the staff report and provided the Commission with updates on the demolition of fire damaged structures at 505 and 904 E. Clinton. She also noted that she recently met with the new engineer for Regal Auto Salvage, and that although no work has yet been done the company plans to build according to the November 2013 approved site plan and site work permits should be requested soon. Ms. Perdu announced that she will be leaving the City of Howell due to the relocation of her family. Her anticipated departure date will be in September. PUBLIC HEARINGS # N. Barnard Special Land Use (outdoor sales) Vice-Chairperson Vukonich opened the public hearing at 7:07 pm. An application was received from Mishmosh Central (the current occupants of 227 N. Barnard St.) on June 20, 2014 for Special Land Use consideration for a seasonal outdoor flea market in the parking area one weekend per month. The outdoor sales would be located in covered booths in the parking lot and vendor parking is proposed to be located at the eastern end of the site south of the railroad tracks. Questions about the parking and circulation on the site include the feasibility of the number of vendors proposed, the parking for customers off-site, emergency access, and the impacts on the surrounding neighborhood. In general, staff is not opposed to the proposed use at this unique site, however, there are a number of questions that need to be addressed before recommending approval. The Carlisle Wortman memo outlines the outstanding issues listed below.

2 Page 2 1) The applicant notes that they have received a verbal agreement with the Howell Parks and Recreation Authority to permit parking at the Barnard Community Center. The applicant should either provide the agreement in writing prior to any city approval or any city approval should be contingent upon the applicant receiving such agreement. 2) Parking at the Barnard Community Center is over 500 feet from the entrance to the market. The applicant notes that there are 3 to 4 standing/temporary parking spots available in the front of both 225 and 227 N Barnard Street to allow patrons to pick up heavy items. Is this a sufficient amount of temporary parking spaces? Will this area be signed as temporary parking? 3) Site access and onsite circulation must be considered. The applicant notes that vendors will enter via the 12-foot access off Barnard. Are the vendor trucks and trailers able to fit through the narrow site entrance off Barnard Street? From the Barnard Street access point will vendor trucks with trailers be able to navigate around the vendor sales area as shown on the plan. 4) The applicant proposes parking perpendicular along the 25-foot stem. The applicant shall confirm the site s property lines. Along the south side of the stem there will are buildings and trees that would need to be removed for parking. 5) The parking spaces are dimensioned as 9-feet by 18-feet. The standard parking space is 9-feet by 20- feet. A 9-foot by 20-foot space may not be of sufficient size for a vendor truck, especially if they have a trailer. The Fire Marshall should review the plans to determine site accessibility and fire access. The Planning Commission should consider limiting the number of vendors to a maximum equal to the number of vendor trucks that can be safely parked on site and still allow the necessary fire access. 6) All vendor traffic will outlet onto Hesse Road, which is a residential street. 7) The applicant should consider impacts upon adjacent properties including hours of operation, limitation on amplification of noise, trash pick-up, odor from portable toilets, etc. The applicant should provide operational additional details to confirm a minimal impact upon adjacent properties. 8) Any food vendors will require a permit from the Livingston County Department of Public Health. Staff visited the site with the applicant and Fire Marshal Les Rodwell, and the visit resulted in the applicant making some changes. Vendor booths now have breaks between them, some booths have been removed along the building to allow for emergency access and restrooms have been moved. A major concern is the impact on neighborhood traffic due to the exit onto Hesse. Proposed parking for customers is at the Barnard Recreation Center and a written agreement has been received from the Howell Area Recreation Authority allowing use of the parking area. Patty Zerbel, 309 Hesse, stated that she is a local resident who enjoys the property and has helped maintain the property on both sides of the gate for 20 years. She is concerned about parking in the neighborhood. While she is not opposed to flea markets, she feels that this business could interfere with the quiet neighborhood on a dead end street. Mayor Campbell confirmed that Ms. Zerbel was aware that the flea market will only be for one weekend each month.

3 Page 3 Paul Crawford, 325 Lake, stated that he is very much in favor of the proposed flea market and feels it would be an improvement to the site. He informed the Commission that he is aware of the traffic concerns, but he does not believe that there will be any negative consequences to granting the special land use. Laura Zehnpfennig, owner of Mishmosh Central at 227 N. Barnard, informed the Commission that all vendor parking will be within the gates of the business property and public parking will be at Barnard Recreation Center. She also stated that she will be very selective on the vendors so that the flea market is not a junk sale, and she will issue permits to her approved vendors. Commissioner Proctor inquired as to how long Ms. Zehnpfennig has been in business. She responded that she started on ebay and began leasing the building on Barnard before the previous owner went bankrupt. She then partnered with Tim Wiles, who purchased both buildings on the property in June Ms. Zephnfennig informed the Commission that she has been working diligently to renovate the property in preparation for market and retail space, and with three phases planned she hopes that the business will evolve into an event planning and rental facility. Mr Wiles restores and demolishes barns and will also be selling barn materials on the property. Mayor Campbell stated that he understands the parking concerns but feels that this is a great location for a flea market. Discussion followed regarding parking areas, no parking signs, and concerns about dedicating City staff to manage parking for a private store. Tim Wiles, owner of 227 N. Barnard, verified that there is parking for about 50 cars at the Barnard Center and that he can also clean out the back areas to the fences for parking if needed. Mayor Campbell asked Mr. Wiles if the vendor entrance in front is sufficient for all of the traffic that he is anticipating. Mr. Wiles confirmed that the area is large enough to accommodate semis, dump trucks and fire trucks. Commissioner Spaulding stated that he is a business partner with Ms. Zehnpfennig, his wife and he live near the site, and he also owns 216 and 222 Barnard properties therefore he will abstain from voting on this issue. He supports the concept of using the building, but expressed concern about parking if the lots become full and communicating to shoppers where to park. Mr. Wiles responded that he does not foresee a parking problem and is willing to make signs directing people to designated parking areas. Ms. Zehnpfennig informed the Commission that she will include parking instructions directing customers to the Barnard Center with all of her marketing materials. Commissioner Proctor inquired about overflow parking at a nearby property. Ms. Zehnpfennig responded that she has a good relationship with the property owners and will talk with them. Discussion followed regarding outstanding issues with the Special Land Use request. Ms. Perdu noted that Fire Marshal Rodwell was comfortable with the revisions addressing emergency vehicles, but has not yet provided formal approval. She also stated that the applicants need to provide a survey that shows the property lines. Dick Carlisle of Carlisle Wortman Associates inquired about parking for vendors hauling trailers and Mr. Wiles responded that there is sufficient space to accommodate trailers. Mayor Campbell inquired about permits for food vendors and Mr. Wiles replied that food vendors will be responsible for their own required licensing and permits through the Livingston County Health Department.

4 Page 4 Ms. Perdu reminded the Commission of the outstanding issues (#6 and #7) regarding vendor traffic onto Hesse road and general impacts of the flea market on the neighborhood. Discussion followed regarding vendor access and egress. Dick Carlisle suggested that both vendor entrance and exit should be Barnard St. Mr. Wiles and Ms. Zehnpfennig agreed to the change. Janice Gerome, 604 North, stated that she hopes the property stays clean as the property has not been maintained in the past. Ms. Zehnpfennig responded that they just closed on the property less than two months ago, the previous owner did not maintain the property, and maintaining the property is a priority. Mayor Campbell stated that there have been issues with the property for a long time and that the Commission is looking for an understanding that it is Mr. Wiles and Ms. Zehnpfennig s intention to get it clean and maintain the property appropriately. Lloyd Gerome, 604 North, expressed concern about problems with flea markets including trash, traffic all day long and street parking, as well as the future use of the property for barn construction, etc. Patty Zerbel, 309 Hesse, stated that she did not want to be misunderstood and she supports Mr. Wiles and independent business owners. Commissioner Proctor stated that he supports this request, is but concerned about possible outcomes. He feels that the concerns are valid and that the problems should be addressed as they arise. When he asked how many restrooms will be placed onsite Mr. Wiles responded that there will be three to four restroom facilities. No additional comments from the public. Ms. Zehnpfennig wanted to emphasize the quality of the vendors that they will be established vendors selling quality products. Vice-Chairperson Vukonich closed the public hearing at 7:42 pm. MOTION by Campbell, SUPPORT by Charles to approve the application dated June 20, 2014 for Special Land Use consideration for a seasonal outdoor flea market at 227 N. Barnard contingent on the following conditions being met to the satisfaction of City staff and consultants: 1. Applicant confirmation of site property lines 2. Vendor traffic will enter and exit onto Barnard St. 3. Revised drawings to be approved by Fire Marshal 4. Fulfillment of insurance requirements for use of the Barnard Center parking lot MOTION CARRIED. Commissioner Spaulding abstained. City Manager Charles commented that the City did receive a letter from the Howell Area Parks & Recreation Authority allowing the use of the Barnard Center parking lot, pending confirmation of liability insurance. # S. Michigan Avenue Form Based Code Vice-Chairperson Vukonich opened the public hearing at 7:45 pm.

5 Page 5 The final draft of S. Michigan Avenue Form Based Code Article 4A was presented for the public hearing. The revisions to the Ordinance have been a result of questions and comments from the Planning Commission and members of the public over a period of nearly eight months. The Form Based regulations are intended to: Promote new investment opportunity by broadening the range of permissible uses. Increase the predictability of the development approval process. Address the transition and buffering between residential and non-residential uses. Encourage a greater mix of uses. Improve the pedestrian environment. Erin Perdu, Community Development Director, informed the Commission that she has solicited and received public input through: an open house where two S. Michigan Ave. property owners provided feedback; another open house where a couple of property owners spoke to staff about the ordinance; and phone calls from several different property owners inquiring about the development potential on their sites. Dan Lowe, 115 Mason, stated that he was not aware of the proposed zoning changes until recently and does not understand all of the changes. Ms. Perdu confirmed that the property is in the Form Based Code district. She stated that the rezoning will result in more flexibility in regard to the use of buildings. Ms. Perdu will follow up with Mr. Lowe to ensure that his questions are answered. Sue Gillett, 2000 County Farm, stated that she and her husband own property on the SE corner of Michigan Ave. and Marion St., and would like to know if the property is being rezoned to B2. Ms. Perdu responded that the property will not be rezoned to B2, but all of the properties are proposed to be rezoned to S. Michigan Ave district. She also stated that all properties on the map are being rezoned the colors indicate different site types. Ordinance amendment language and the corresponding map are the two different issues being addressed in the public hearing held at the Planning Commission meeting. The Planning Commission will then make a recommendation to the City Council. City Council will have two readings and may take action they will introduce the changes in one meeting and may vote to adopt them in a separate meeting. Mayor Campbell inquired as to whether everything currently permitted in B2 will be permitted in S. Michigan Ave. Form Based Code. Dick Carlisle of Carlisle Wortman Associates confirmed that everything would be permitted in one form or another. Mr. Carlisle corroborated that there will be greater flexibility under S. Michigan Ave. Form Based Code. Additional discussion followed regarding flexibility with combining properties for additional uses. Vice-Chairperson Vukonich closed the public hearing at 7:57 pm MOTION by Campbell, SUPPORT by Spaulding, to recommend approval of Form Based Code amendments to City Council. MOTION CARRIED UNANIMOUSLY. Mayor Campbell requested a 5 min break. Vice Chairperson Vukonich called a 5 min break at 8:00 pm. Vice Chairperson Vukonich: re-convened the meeting at 8:07 pm.

6 Page 6 NEW BUSINESS # Taco Bell Site Plan ( ) On June 4, 2014 the City received a site plan application for a new Taco Bell restaurant on the vacant parcel just south of 1009 S. Michigan Ave. (Soft Cloth Car Wash). The proposed restaurant would include a drive-thru lane and maintain the existing two access points off of Michigan Ave. (with some modifications). During the development team review process, the team worked with the applicants on several issues related to the site layout, access points to Michigan Ave., cross-access across the front of the building, circulation and parking. The applicants have made revisions to the site plan to either completely or partially address each of those issues. The applicant made significant revisions based on staff suggestions: reconfigured entrances, reduced amount of parking, moved building forward, emphasized pedestrian connection between existing sidewalk and front entrance, etc. Of the few remaining issues, the northern driveway is one-way out and should be narrowed, and trees are required along northern property line. There is also some concern about the building material and storm water calculations. Final drawings will need to be submitted. Jeff Shetler, WD Partners of Dublin, OH, had no objections. Mr. Shetler clarified that the Planning Commission recommends a 20 ft driveway. He would like approval to use stone around the base of the building in response to the concern about the building material. Discussion followed regarding the building material and concerns about its durability. The Planning Commission was satisfied with the change proposed by Mr. Shetler. Staff recommends that Planning Commission conditionally approve the site plan dated May 14, 2014 for construction of a Taco Bell restaurant on the vacant property on S. Michigan Ave. (tax ID ) contingent on the conditions outlined in the staff memo being met to the satisfaction of City staff and consultants. MOTION by Campbell, SUPPORT by Proctor to conditionally approve the site plan dated May 14, 2014 for construction of a Taco Bell restaurant on the vacant property on S. Michigan Ave. (tax ID ) contingent on the following conditions being met to the satisfaction of City staff and consultants: 1. The northern drive should be narrowed from 22 feet to20 feet to allow for one-way out traffic only. 2. Additional trees need to be added along the northern property line per the Carlisle Wortman memo. 3. Explore other options for building material, particularly around the building base. 4. Provide calculations to confirm the required and provided storm water volumes. If sufficient capacity does not exist in the Michigan Ave storm system then the discharge from the detention system will need to follow the existing drainage pattern towards the east. 5. Final construction documents are submitted to address the other issues raised in the HRC review dated July 9, MOTION CARRIED UNANIMOUSLY. # Medical Marijuana Ordinance Amendments In March 2014, the City Council enacted a moratorium on medical marijuana dispensaries in response to some recent case law and inquiries that the City had received about locating such operations in the City.

7 Page 7 The Council directed staff to develop ordinance language regulating medical marijuana-related uses beyond individual patients in their own homes. 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. The language to be incorporated into the general code of ordinances includes the requirement that provisioning centers and growing/manufacturing facilities be licensed by the City. The requirements for obtaining a license include locational standards (at least 1,000 ft. from a school and at least 500 feet from another provisioning center or growing/manufacturing facilities). At this point staff is seeking feedback, questions and/or concerns from the Planning Commission regarding the ordinance language before finalizing it and scheduling a public hearing. The City Attorney has recommended a reorganization of the ordinance text regarding sexually oriented businesses in conjunction with the development of medical marijuana language. Discussion followed regarding provisioning centers, residential properties, rental properties, home occupations, and single care givers. The Commission inquired if the City is required to allow medical marijuana facilities if the State of Michigan allows them. Ms. Perdu confirmed that the City cannot outlaw these types of facilities, but can regulate them through language contained in the City s ordinance. With adoption of the revised ordinance language, licenses for provisioning marijuana will be obtained through the City Clerk. Ms. Perdu stated that if the City does not have language in the zoning ordinance, people may distribute medical marijuana without having to comply with any regulations. The City cannot prevent patients from using medical marijuana, but can regulate it through ordinance language. Denise Pollizella, 4330 E Grand River, thanked the Planning Commission for being proactive and spoke of her professional experience with legal issues at the municipal regarding medical marijuana. She informed the Commission of her knowledge of House Bill 421 and stated that medical marijuana is no longer regulated by the State of Michigan Community Health Department, leaving regulation to local governments. She stated that there is legislation pending that would prevent renters from growing and smoking marijuana in rental facilities. Ms. Pollizella advised the Commission that legally patients can grow up to 12 plants for their own use (in a secured, locked and closed facility) or can find a care giver who can have a maximum of 5 patients including themselves and can grow up to 72 plants (in one secured, locked and closed facility). She also stated that provisioning centers are not currently defined under the law. Dispensaries are commercial or non-profit centers providing retail outlet for providing different forms of ingestion, but are completely unregulated at state level. Ms. Pollizella informed the Commission that under the current law municipalities are not required to provide a dispensary, but they cannot prevent patient and caregiver activity. Erin Perdu, Community Development Director, informed the Commission that the next step would be to schedule a public hearing at a Planning Commission meeting. Kevin Pybus, 2279 Sundance Ridge, Marion Twp., stated that he has used medical marijuana since 2003 and has been working full-time in the medical marijuana industry since 2007 as a master gardener and dispensary owner. He asserted that dispensaries provide customization of the types and strengths of

8 Page 8 medical marijuana that patients need. Mr. Pybus stated the he is available for questions from the Planning Commission. Mayor Campbell inquired if setting up a regulatory framework for provisioning centers in the City is currently legal under state law. Ms. Pollizella stated that it is legal, assuming that the City s ordinance is passed after the Senate bill is adopted (expected adoption on August 13, 2014). MOTION by Campbell, SUPPORTED by Charles to set a public hearing for the August 20, 2014 Planning Commission Meeting. MOTION CARRIED UNANIMOUSLY. Master Plan Process - Update On June 23, 2014 the City Council approved a process, budget, and consulting proposals to facilitate a complete revision of the City s Master Plan. The revision was included in the approved City Budget at a cost of $20,000. Since the budget approval, staff has been developing a process for the Master Plan revision that includes the bulk of the work being done by staff, with assistance from Carlisle Wortman Associates and Granicus, Inc. (online public participation). Staff is proposing a planning process that would be most efficient and useful for many purposes beyond just the Master Plan required by state law. The process is strategic, and focused on determining priorities that can be used by City Council during the budget process. This type of planning process has been used successfully by other communities (most recently, the City of Ypsilanti), and is a change from the typical master plan process; this Plan would take on a more strategic format, based on the community s highest priorities and concerns. Staff also recommends an aggressive timeline (completed draft plan by the end of the calendar year) so that the process can be quick, engaging (in multiple formats and setting), and focused on people s core values for what they want Howell to be in the future. The process would begin by establish guiding values, a process that would start with the City Council but aggressively involve the public. The deliverables would include not only the Master Plan document (focused on planning and development issues), but also a decision-making framework linked to our guiding values and a citywide strategic plan. The first task in the process is to identify guiding values for the City. To help in this process staff has asked the Commission to respond to a set of short-answer questions about Howell and how Commission members see its future by Wednesday, July 30, Staff is nearly ready to launch the public website: speakuphowell.org. Questions were posed to City Council, and will also be submitted to the Downtown Development Authority, their stakeholders and the public. Responses can also be completed via the website. Staff will provide another update at the August Planning Commission meeting. The public website will be launched and advertised, with community coffees scheduled and public feedback collected around town through public input stations. OLD BUSINESS None. OTHER BUSINESS None. MOTION by Charles, SUPPORTED by Spaulding to excuse Commission members Streng and Ambrose. MOTION CARRIED UNANIMOUSLY.

9 Page 9 MOTION by Campbell, SUPPORTED by Spaulding to adjourn the meeting at 8:44 p.m. MOTION CARRIED UNANIMOUSLY. Deanna Robson, Recording Secretary