REGULAR MEETING OF THE PLANNING COMMISSION Dearborn, Michigan. June 10, 2013

Transcription

1 REGULAR MEETING OF THE PLANNING COMMISSION Dearborn, Michigan June 10, 2013 The regular meeting was called to order at 7:00 p.m. by Chairperson Errigo. Upon roll call, the following members were present: (8) (Commissioners AlRayashi, Charter, Errigo, Sickle, Siwik, Skora, Watts and Zalewski). Absent: (1) (Commissioner Hassan). Also present were Janet Scheuher-Nalezyty, Senior Planner; Licia Yangouyian, Assistant City Attorney; and interested citizens. A motion was made by Vice Chairperson Siwik, supported by Commissioner Charter, to reorder the agenda. Upon roll call, the following vote was taken: Ayes (8) (Commissioners AlRayashi, Charter, Errigo, Sickle, Siwik, Skora, Watts and Zalewski). Nays (0). Absent (1) (Commissioner Hassan). The motion was adopted. Chairperson Errigo announced the first item on the agenda is consideration of the request of Ali Jouhair, 5280 Williamson, to vacate the alley between Williamson and Middlesex, from Ruby to the south line of Lot 513, Ardross Subdivision No. 1 (5281 Middlesex). Janet Scheuher-Nalezyty identified the four houses adjacent to the alley, including: the petitioner at 5280 Williamson has a side drive and no alley access; 5281 Middlesex has a side drive and alley access but the alley access appears not in use; 5295 Middlesex and 5286 Williamson have side drives and no alley access. Chairperson Errigo asked if the petitioner was here this evening. Mariam Jouhair, 5280 Williamson, stated she is the petitioner s wife and they are requesting the alley vacation to eliminate the accumulation of garbage in the alley. Chairman Errigo said the alley vacation would give the petitioner half of the alley and she could not build in the alley easement. Mariam Jouhair said she understood. Commissioner AlRayashi asked if all the neighbors were notified about the alley vacation. Janet Scheuher-Nalezyty said all the neighbors were notified. A motion was made by Vice Chairperson Siwik, supported by Commissioner Charter, to vacate all of the public alley 18 wide, West of Middlesex Ave. extending from the south line of, Ruby Ave. (50 wide R.O.W.) to the south line of Lot 513 extended which lies within the Ardross Subdivision No. 1, of part of the East half of section eighteen T.2S., R.11E., in what was formerly known as Springwells Township, now the City of Dearborn Liber 38, Page 6, of Wayne County Records, Wayne County Michigan. Upon roll call, the following vote was taken: Ayes (8) (Commissioners AlRayashi, Charter, Errigo, Sickle, Siwik, Skora, Watts and Zalewski). Nays (0). Absent (1) (Commissioner Hassan). The motion was adopted. Chairperson Errigo announced the next item on the agenda is further consideration of 1

2 the matter of rezoning part of Lots 215 and 216, and part of Lots 229 and 230, Cloverdale Park Subdivision (not including the north 10 of Lot 215), from Residential A (One Family Residential District) to VP (Vehicular Parking District) zoning classification. Also considered was the rezoning of the north 10 of Lot 215, Cloverdale Park Subdivision, from VP (Vehicular Parking District) to Residential A (One Family Residential District) zoning classification. The property requested to be rezoned is located north of Michigan Avenue between Helen and Rosalie, adjacent to the existing parking lot. Janet Scheuher-Nalezyty explained this item was tabled by the Planning Commission on September 10, 2012 to rezone the City owned property from Residential A (One Family Residential District) to VP (Vehicular Parking District) zoning classification to encourage successful redevelopment of Michigan Avenue frontage and to minimize any negative impacts this redevelopment may have on the neighborhood by increasing offstreet parking capacity. The Planning Commission tabled this rezoning to give the adjacent property owners at 4445 Helen and 4452 Rosalie the opportunity to purchase a few feet of the City s property to provide an adequate driveway width. Since the September 10, 2012 Planning Commission meeting the property owner at 4445 Helen has signed a purchase agreement with the City to acquire the north 10 of Lot 215 Cloverdale Park Subdivision and the property owner at 4452 Rosalie did not express any interest in purchasing additional property from the City. A motion was made by Vice Chairperson Siwik, supported by Commissioner Skora, to rezone part of Lots 215 and 216, and part of Lots 229 and 230, Cloverdale Park Subdivision (not including the north 10 of Lot 215), from Residential A (One Family Residential District) to VP (Vehicular Parking District) zoning classification. Also considered was the rezoning of the north 10 of Lot 215, Cloverdale Park Subdivision, from VP (Vehicular Parking District) to Residential A (One Family Residential District) zoning classification. The property requested to be rezoned is located north of Michigan Avenue between Helen and Rosalie, adjacent to the existing parking lot. Upon roll call, the following vote was taken: Ayes (8) (Commissioners AlRayashi, Charter, Errigo, Sickle, Siwik, Skora, Watts and Zalewski). Nays (0). Absent (1) (Commissioner Hassan). The motion was adopted. Chairperson Errigo announced the next item on the agenda is the consideration of the request of Michael Jaafar, President, Jaafar & Mahdi Law Group, P.C., Michigan Avenue, to rezone the property at Morley (First Church of Christ Scientist) from Residential C (Multiple Family Residential District) to RP (Residential Preservation District) zoning classification. The property requested to be rezoned is located north of Morley and west of Monroe. Janet Scheuher-Nalezyty explained the land use and zoning in the area. The petitioner s request is to rezone the church property to permit the building to be occupied with a law office. The rezoning of the property would require variances for parking and office use that exceeds the maximum floor area of 4,500 square feet. The petitioner suggested the existing church may continue to have services in a portion of the building. Religious institutions are a special land use in RP (Residential Preservation District) and are required to be approved by the Planning Commission for a special land use and site plan review. Chairperson Errigo commented on the variances for parking and office use that exceeds the maximum floor area of 4,500 square feet Commissioner Sickle questioned the sale of the property and church relocation. Chairperson Errigo asked if the petitioner was present to discuss his request. 2

3 Michael Jaafar, President, Jaafar & Mahdi Law Group, P.C., Michigan Avenue, stated that he has been looking for a suitable location for his law office for some time and prefers this location. Mr. Jaafar stated the First Church of Christ Scientist could occupy a portion of the building rent free for ten (10) years. Mr. Jaafar stated that his use will be less intensive than the current use since the church that owns it now currently rents it to a larger church. He stated that he intends to utilize 4,500 square feet, but may want to expand in the future. Chairperson Errigo asked for clarification as to the portions of the building to be used for law office and church. Mr. Jaafar reviewed the proposed floor plan. Chairperson Errigo asked for comments from the Commissioners. There were no comments from the Commissioners. Chairperson Errigo asked if anyone in Pat Campbell, Morley, stated she is opposed to the rezoning of the First Church of Christ Science property to RP (Residential Preservation District) because it would allow more businesses on Morley and have a negative impact on the residential property values. Ms. Campbell expressed a concern that the clients coming to the law office may be involved in criminal activities. Mrs. Campbell stressed the need for pedestrian safety and believes the law office would bring additional traffic to the neighborhood. Chairperson Errigo asked for a show of hand to see the number of people who wished to speak on this item. Chairperson Errigo asked those who wished to speak to keep their comments brief and to prevent repetitious comments. Glen O Kray, 752 Wagner Court, said he agreed with Pat Campbell but he would like to add three additional comments: 1) Once the property is rezoned to commercial it will never go back to residential; 2) Concern the value of his home will decrease with the proposed rezoning; and 3) Multiple family housing would be a better use of property. He also stated that Mr. Jaafar was invited, but failed to show up at the neighborhood association meeting. Mary Bandyke, Morley, Unit 107, stated she agrees with Glen O Kray and Pat Campbell but would like to add the rezoning would cause her property value to decline and the property is better suited for multiple family housing. Lou Vandenbosch, 823 Oakwood, opposed any additional businesses in the neighborhood and believes there are better locations for the law office. David Slanec, Morley, has seen more young children in the neighborhood and is concerned an additional business in the neighborhood will cause an increase in the traffic. His youngest child was nearly hit by a car driven by someone going to a business in the neighborhood. Steve Bussa, 726 Morley Court, believes Mr. Jaafar should be able to find a location currently zoned for business. Nancy Harmon, Director, Morley Area Residents Association, Morley, stated MARA has worked diligently to preserve the residential zoning in the neighborhood. Chairperson Errigo asked if the Commissioners had questions for the people who spoke this evening. No one from the Commission has questions for the people who spoke this evening. Chairperson Errigo asked Mr. Jaafar if he wished to comment on the remarks made by the residents. Mr. Jaafar state that he respects the comments of the people who spoke this evening but he believes his law practice would not reduce property values in the neighborhood. Mr. Jaafar stated he spoke with Melissa Shufeldt, President of MARA, to express his 3

4 intention is to buy the church only with the approval of the residents in the neighborhood. He believes the law office would bring less traffic into the neighborhood than the church. Mr. Jaafar is concerned he will be forced to move his law office out of Dearborn. Chairperson Errigo asked for comments from the Commissioners. Commissioner Watts disclosed that he has had previous contacts with Mr. Jaafar and Mr. Slanec. Chairperson Errigo asked Commissioner Watts if those previous contacts with Mr. Jaafar and Mr. Slanec would result in a conflict of interest for the rezoning. Commissioner Watts said his contacts with these individuals would not result in a conflict of interest for the rezoning. Chairperson Errigo did not see a reason for Commissioner Watts to abstain from the vote. A motion was made by Vice Chairperson Siwik, supported by Commissioner Sickle, to deny the rezoning of the property at Morley (First Church of Christ, Scientist) from Residential C (Multiple Family Residential District) to RP (Residential Preservation District) zoning classification. The property requested to be rezoned is located north of Morley and west of Monroe. The Commission s findings were based on the surrounding uses, the property values in the neighborhood and the increase in automobile traffic. Upon roll call, the following vote was taken: Ayes (8) (Commissioners AlRayashi, Charter, Errigo, Sickle, Siwik, Skora, Watts and Zalewski). Nays (0). Absent (1) (Commissioner Hassan). The motion was adopted. Chairperson Errigo announced the next item on the agenda is the consideration of request of Alexandru Tintas, to review and approve the special land use and site plan for the existing building and property located at Trowbridge, for an auto body shop. The site is zoned Industrial B (Medium Industrial District) and located south of Trowbridge between Gulley and Cambridge. Janet Scheuher-Nalezyty explained the land use and zoning in the area. The petitioner s request is to share property with the existing granite company by using a portion of the building, currently vacant, for an auto body shop. The proposed auto body shop will require variances from the Zoning Board of Appeals. Ms. Scheuher-Nalezyty stated she received a phone call from Michelle Plucinsky, owner of the Glass Academy, opposed to the proposed auto body shop located adjacent to her business. Chairperson Errigo asked if the petitioner was here this evening. Alecandru Tintas, Trowbridge, stated he only works on the body of the car and the building has space for three cars. Commissioner Zalewski asked about the screening of the parking area. Mr. Tintas said a 6 ft. masonry wall and gate will screen the parking area. A motion was made by Commissioner AlRayashi, supported by Commissioner Charter, to approve the special land use and site plan for the existing building and property located at Trowbridge, for an auto body shop. The site is zoned Industrial B (Medium Industrial District) and located south of Trowbridge between Gulley and Cambridge. Subject to: 1) Compliance with State and Local ordinance requirements and 2) Obtaining necessary zoning approvals. Upon roll call, the following vote was taken: Ayes (8) (Commissioners AlRayashi, Charter, Errigo, Sickle, Siwik, Skora, Watts and Zalewski). Nays (0). Absent (1) (Commissioner Hassan). The motion was adopted. 4

5 Chairperson Errigo announced the next item on the agenda is the consideration of the request of Dennis Miller, to review and approve the special land use and site plan to expand the existing Miller s Bar (23700 Michigan Avenue) into the abutting building (23710 through Michigan Avenue). In addition to the bar the building contains 2 retail tenant spaces and 4 apartments on the second floor. The site is zoned Business B (Community Business District) and located north of Michigan Avenue and west of Birch. Janet Scheuher-Nalezyty explained the land use and zoning in the area. She stated the addition to the bar will require a parking variance from the Zoning Board of Appeals. Chairperson Errigo asked if the parking calculation included on street parking. Ms. Scheuher-Nalezyty said the parking calculation did not include on street parking. Chairperson Errigo asked if the petitioner was here this evening. Mark Miller, Michigan Avenue, stated the proposed addition will be used as a banquet room for special parties and possible overflow for the existing bar. The additional space can seat 60 people. Mr. Miller stated his family has owned the bar at this location for 71 years. Joseph Guido, Ford Road, project architect, reviewed the proposed floor plan. Chairperson Errigo questioned the location of the basement in the buildings. Mr. Guido said the existing bar has a basement. Commissioner Sickle commented on the length of time the building was vacant. Mr. Miller said the building has had some vacancies. A motion was made by Commissioner Zalewski, supported by Commissioner Skora, to approve the special land use and site plan to expand the existing Miller s Bar (23700 Michigan Avenue) into the abutting building (23710 through Michigan Avenue). In addition to the bar the building contains 2 retail tenant spaces and 4 apartments on the second floor. The site is zoned Business B (Community Business District) and located north of Michigan Avenue and west of Birch. Subject to: 1) Compliance with State and Local ordinance requirements; and 2) Obtaining necessary zoning approvals. Upon roll call, the following vote was taken: Ayes (8) (Commissioners AlRayashi, Charter, Errigo, Sickle, Siwik, Skora, Watts and Zalewski). Nays (0). Absent (1) (Commissioner Hassan). The motion was adopted. Chairperson Errigo announced the next item on the agenda is the consideration of the request of the City of Dearborn and Artspace (a non- profit Minneapolis Corporation), to review and approve the special land use and site plan for the existing building and property located at Michigan Avenue (Dearborn City Hall) for multiple family housing and theater. The site is zoned Business C (General Business District) and within the boundaries of the Business D (Downtown Business District) and located south of Michigan Avenue and west of Schaefer. Janet Scheuher-Nalezyty explained the land use and zoning in the area. She explained the request for the special land use and site plan review is for Artspace to offer multiple family housing and a theater at the site of the existing City Hall. 5

6 Chairperson Errigo asked if the City Council approved the plans for the City Hall to relocate at the former ADP building. Barry Murray, Director, Economic and Community Development, explained the City Council approved the purchase of the former ADP building for the relocation of the City Hall. Mr. Murray explained the project and the need for Artspace to receive funding for the project. City Council is waiting for Artspace to receive the funding for the project before approving the relocation of City Hall to the former ADP building. Commissioner Siwik recommended conditioning the approval for the multiple family housing special land use and site plan to apply only to Artspace. Commissioner Sickle commented she had seen a presentation for Artspace and was impressed with the living and work space at the facility. Mr. Murray introduced two individuals involved with the project: Michael Bewick, Executive Director, East Dearborn Downtown Development Authority; and Mike Kirk, project architect, Neumann Smith Architecture. Commissioner Sickle questioned the condition of the parking structure. Mike Kirk stated that the parking structures need constant maintenance. Chairperson Errigo asked for the number of individuals living at Artspace. Mike Kirk stated that Artspace could have 70 to 100 people living at the facility. The facility will have 46 residential units. Chairperson Errigo asked about the common areas in the building. Mike Kirk said that Artspace will provide common areas in the building to support the successful development of entrepreneurial companies through an array of business support resources and services. Chairperson Errigo questioned the involvement of Artspace with the community. Mike Kirk noted Artspace wants to be very involved with the community and has contacted many groups within the City to form a partnership including: Arab American National Museum, The Henry Ford, and Glass Academy. Chairperson Errigo questioned the process for the artist to qualify for space at the facility and the length of time the artist could remain at the facility. Michael Bewick said to qualify for space in the facility the artist must show a passion for art and there is no time limit for the artist to remain at the facility. Mr. Murray discussed the possibility of providing a residential unit for different artists to stay at the facility for a short period of time. Artspace will purchase the City Hall buildings. Artspace will not purchase the City Hall Park or the parking lot south of John Nagy Drive. Vice Chairperson Siwik asked if the City Hall memorials will be relocated or remain at the current location. Mr. Murray said it has not been decided. Commissioner Watts questioned if any other groups were interested in buying the City Hall property. Mr. Murray stated no other groups were interested in buying the City Hall property. Chairperson Errigo said Artspace would be a positive influence for this community. Chairperson Errigo asked if anyone in 6

7 Marium Wilkie, President, Eastborn Neighborhood Association, said many of her members are concerned about City Hall moving out of this location. Ms. Wilkie is concerned about the reuse of the City Hall property and appreciates the Planning Commission conditioning the approval for the multiple family housing special land use and site plan to apply only to Artspace. Chairperson Errrigo asked for a motion from the Commissioners. A motion was made by Commissioner Charter, supported by Commissioner Sickle, to approve the special land use and site plan for Artspace (a non-profit Minneapolis Corporation) for the existing building and property located at Michigan Avenue (Dearborn City Hall) for multiple family housing and theater. The site is zoned Business C (General Business District) and within the boundaries of the Business D (Downtown Business District) and located south of Michigan Avenue and west of Schaefer. Subject to: 1) Special land use and site plan approval applies only to Artspace; 2) Compliance with Local ordinance requirements. Upon roll call, the following vote was taken: Ayes (8) (Commissioners AlRayashi, Charter, Errigo, Sickle, Siwik, Skora, Watts and Zalewski). Nays (0). Absent (1) (Commissioner Hassan). The motion was adopted. Chairperson Errigo announced the next item on the agenda is the further consideration of the matter of amending Zoning Ordinance No of the City of Dearborn, by amending Article 2.00 General Provisions, Section 2.03(A)(6) Accessory Buildings and Structures, General Requirements, Use of Accessory Structures, and also adding Section 2.03 (A)(10) Garages. Janet Scheuher-Nalezyty explained this item was tabled at the February 11, 2013 Planning Commission meeting until the April 8, 2013 Planning Commission meeting to consider changes to the amendment. At the April 8, 2013 Planning Commission meeting this item was tabled until the June 10, 2013 Planning Commission meeting to consider changes to the amendment. On May 28, 2013 the Planning Commission and the Mayor participated in a study session to review changes to the amendment. The revised amendment was not available for the Planning Commission to consider at the June 10, 2013 Planning Commission meeting. A motion was made by Vice Chairperson Siwik, supported by Commissioner Watts, to table the matter of amending Zoning Ordinance No of the City of Dearborn, by amending Article 2.00 General Provisions, Section 2.03(A)(6) Accessory Buildings and Structures, General Requirements, Use of Accessory Structures, and also adding Section 2.03 (A)(10) Garages. Upon roll call, the following vote was taken: Ayes (7) (Commissioners Charter, Errigo, Sickle, Siwik, Skora, Watts and Zalewski). Nays (0). Absent (2) (Commissioners AlRayashi and Hassan). (Commissioner AlRayashi left before voting on this item). The motion was adopted. A motion was made by Vice Chairperson Siwik, supported by Commissioner Skora, to adjourn the meeting. There being no further business and upon unanimous vote, the meeting was adjourned at 8:32 p.m. js THERESA SKORA Secretary 7