REGULAR MEETING OF THE PLANNING COMMISSION Dearborn, Michigan. June 12, 2017

Transcription

1 REGULAR MEETING OF THE PLANNING COMMISSION Dearborn, Michigan June 12, 2017 The regular meeting was called to order at 7:08 P.M. by Chairperson Siwik. Upon roll call, the following members were present: (6) (Commissioners Sickle, Skora, Green, Easterly, Zalewski, and Siwik). Absent: (2) (Commissioners Watts and Mehregan). Also present were Licia Yangouyian, Assistant Corporation Counsel; Mohamed Ayoub, Senior Planner; and Jeffrey Polkowski, Planner. Chairperson Siwik announced that Item I.1 on the agenda is consideration of the approval of the minutes from the May 8, 2017 meeting. A motion was made by Vice Chairperson Zalewski, supported by Commissioner Skora, to approve the May 8, 2017 minutes as submitted. Upon roll call the following vote was taken: Ayes: (6) (Commissioners Sickle, Skora, Green, Easterly, Zalewski, and Siwik). Absent: (2) (Commissioners Watts and Mehregan).The motion was adopted. Chairperson Siwik announced that item II.1 on the agenda is the consideration of the request of Cambridge Real Estate to rezone Michigan Avenue (Parcel # ), from Business B (Community Business District) to Business C (General Business District) zoning classification. The property requested to be rezoned is located north of Michigan Avenue and west of Outer Drive. Mr. Ayoub stated that this is a request by the property owner of Michigan Avenue to rezone the property from Business B (Community Business District) to Business C (General Business District) zoning classification. The request is being made to expand the opportunities of potential land uses. As explained by the property owner, the office building known as Village Plaza is struggling to attract tenants and rezoning the property will allow the owner to attract more uses and generate income to reconfigure the site and renovate the structure. The properties located on the other three corners of this intersection are zoned Business C. The Business C zoning classification is consistent with the Master Plan and Future Land Use designation for this site. The property owner could benefit from the rezoning by expanding the list of permitted land uses. The location of this property and the VP buffer between the residential districts to the west makes the property well suited to being rezoned to Business C. Michael Hamame of Cambridge Real Estate Michigan Ave. confirmed Mr. Ayoub s statement that the request is being made to expand the opportunities of potential land uses and tenants. The building has seen a decline in usage since it had been acquired in

2 Cambridge Real Estate is looking to pursue other tenants not available under the current Business B zoning. Chairperson Siwik asked for comments from the audience. Eric Banks, 1240 Geneva, stated that the proposed zone change may generate a high volume of traffic that could be potentially hazardous to the residential area. Vice Chairperson Zalewski asked what uses Mr. Hamame is he hoping to attract under the BC zoning district. Mr. Hamame stated that he is looking to accommodate multi-family residential on the top floors of the structure. Commissioner Sickle asked if Mr. Hamame has thought about demolishing the structure. them. Mr. Hamame stated that he intends to renovate the existing structures but not demolish Jenna Riggs, 1251 Geneva, stated that owner occupied multi-family residential in the main tower would be more conducive to property values in the area rather than renter occupied residential. Commissioner Sickle asked if there is a vision or plan to renovate the existing parking structure. Mr. Hamame stated that Cambridge Real Estate is hoping to maintain and retrofit the existing parking structure to accommodate future residential and office use. Chairperson Siwik asked what the anticipated clientele for the proposed residential units would be. Mr. Hamame stated that there is a push for young residents who desire to live in a downtown environment. Jana Kondziela, 1233 Geneva, expressed concern regarding adult establishments being permitted in the Business C zoning district. Mr. Ayoub stated that adult entertainment establishments are permitted in the BC zoning district however they are categorized as regulated uses subject to special regulations and Planning Commission approval. Mr. Ayoub listed all Permitted Uses and Special Land Uses within the Business C zoning district. 2

3 Jim Krizman, 1245 Birch, stated that more intense uses are permitted in the Business C zoning district that could generate additional debris in the adjacent residential area. Lori Gentine, 1222 Geneva, stated that she is weary of any intense commercial or residential uses near her home. Ms. Yangouyian stated that adult entertainment uses are regulated uses that are subject to Special Land Use Approval and many other additional regulations that must be imposed before being permitted for construction. If the Business C zone change were to be granted it would not automatically allow for an adult entertainment establishments. Mr. Hamame stated that allowing a zone change to improve the site rather than leave the office building vacant would more likely enhance the area rather than burden it. The frequent cases of trespassing and loitering discussed in the area could be reduced with more pedestrian traffic and tenant presence. Chairperson Siwik stated that the Planning Commission would need more information regarding the plan and vision for the site before approving a more intense zone change. Mr. Hamame stated that the physical infrastructure would not change as it exists today. The request is consistent with the Master Plan, and the other three corners of Michigan Avenue and Outer Drive. Commissioner Skora stated that there is a small residential neighborhood near this corner that the other three corners do not have. Commissioner Green stated that he is in support of the intent to build residential housing however a zoning change is not required for residential housing as it is permitted in the BB district. The other uses in the Business C are far too intense considering the proximity to single family residential. Commissioner Easterly stated that this zone change would attract more people to the downtown and would be beneficial for the neighborhood. Chairperson Siwik stated that car dealerships are allowed in the BC zoning district Commissioner Easterly stated that car dealerships are not built based on zoning districts. They are constructed after it has been determined that a car dealership will be generate revenue at that location. Mr. Hamame said it would be cost prohibitive to tear down the existing structures and build a car dealership at this location. Vice Chairperson Zalewski stated that it is possible to achieve the applicant s desired objective of construction multi-family residential units through the current zoning by obtaining Special Land Use approval from the Planning Commission which it would be in favor for. It is 3

4 also possible to achieve the applicant s potential hotel development through the current zoning by obtaining Special Land Use approval from the Planning Commission. A motion was made by Vice Chairperson Zalewski, supported by Commissioner Skora, to recommend denial of the request of Cambridge Real Estate to rezone Michigan Avenue (Parcel # ), from Business B (Community Business District) to Business C (General Business District) zoning classification. The property requested to be rezoned is located north of Michigan Avenue and west of Outer Drive. Upon roll call the following vote was taken: Ayes: (6) (Commissioners Sickle, Skora, Green, Easterly, Zalewski, and Siwik). Absent: (2) (Commissioners Watts and Mehregan). The motion was adopted. Mike Hamame, the applicant for item II.2 withdrew his request for consideration of the request of Cambridge Real Estate to rezone Michigan Avenue (Parcel # ), from VP (Vehicular Parking District) to Business C (General Business District) zoning classification. Chairperson Siwik announced that item II.3 on the agenda is the consideration of the request of Habib Bazzi & Hassane Baydoun to rezone 6200 Miller (Parcel # & ) located in the Schaefer Heights Subdivision Section 13, from Business C (General Business District) to Industrial A (Light Industrial District) zoning classification. The property requested to be rezoned is located north of Ford Road and east of Miller. Mr. Ayoub stated that this is a request by the property owners of 6200 Miller to rezone the properties from Business C (General Business District) to Industrial A (Light Industrial District) zoning classification. The property owner is requesting to rezone the properties in order to use the structure as a warehouse for furniture storage without retail sales. The property owner will be required to bring the properties up to code which includes the removal of the barbed wire. The property would be well suited to being rezoned to Industrial A because of the potential access and connection to the railroad. Additionally, the irregular shape of the property, its industrial history, the industrial properties surrounding it, and a large industrial type warehouse structure that sits on the land may make it less desirable for a commercial developer. The property has been zoned Business C for nearly ten years with no commercial development occurring. A Multiple Family Residential District (RE) is located west of the subject properties across from Miller Road. The existing row houses in the Residential E zoning district front the two subject properties and rezoning from Business C to Industrial A could negatively impact the quality of life of these residents and bring nuisances to the area. It was discussed with the property owners that the landscaping, fencing, and the front façade of the building fronting the homes will need to be improved to protect the residents. The rezoning request is consistent with the Master Plan Future Land Use Designation of Industrial, Logistics. Hassane Baydoun, 15 West Lane, applicant and co-owner, stated that this property has been vacant for several years. Currently there is a buyer who would like to purchase the property to use it as a warehouse for furniture storage without retail sales. 4

5 Chairperson Siwik asked if the use will generate truck traffic. Mr. Baydoun stated there would not be truck traffic every day. The building will be used as a storage warehouse and there will not be furniture deliveries every day. Dorothy Salagan, 6116 Appoline, stated there is currently a large amount of truck traffic in the area and would like to know if the applicant is absolutely sure that there will be minimal truck traffic generated by the use. Mr. Baydoun stated that this is not a very intense use for the property. The company uses a small box truck that will occasionally pick up furniture from the property. A motion was made by Commissioner Easterly, supported by Commissioner Green, to recommend approval of the request of Habib Bazzi & Hassane Baydoun to rezone 6200 Miller (Parcel # & ) located in the Schaefer Heights Subdivision Section 13, from Business C (General Business District) to Industrial A (Light Industrial District) zoning classification. The property requested to be rezoned is located north of Ford Road and east of Miller. Upon roll call the following vote was taken: Ayes: (6) (Commissioners Sickle, Skora, Green, Easterly, Zalewski, and Siwik). Absent: (2) (Commissioners Watts and Mehregan). The motion was adopted. Chairperson Siwik announced that item III.1 on the agenda is the consideration of the request of the Islamic Institute of Knowledge to review and approve a lot split and combination for the properties located at 6325 and 6345 Schaefer Road, part of the Southeast ¼ of Section 7, Town 2 South, Range 11 East (Parcels # and , respectively). The properties are zoned Business B (Community Business District) zoning classification. The properties are located west of Schaefer Road and south of Haggerty Avenue. Mr. Ayoub stated that the Islamic Institute of Knowledge would like to purchase and convert the vacant retail building located at 6325 Schaefer into a prayer hall with a capacity of 420 prayer mats Schaefer must be split off from 6275 Schaefer which shares the same parcel number with it. In conjunction with the lot split, 6325 Schaefer and 6345 Schaefer must be combined with each other. Mr. Ayoub stated that this matter is appearing before the Planning Commission because the proposed lot split and combination will create new lots smaller than the original platted size, and because it has other unusual characteristics such as a parking lot that will straddle the two newly created lots. The Islamic Institute of Knowledge and The Schaefer Pavilion, LLC have entered into an easement agreement that will be recorded to share the drive located on Parcel A in order to for The Schaefer Pavilion, LLC to be able to access their parking spaces. Mr. Ayoub stated that the City Engineer expressed concern with storm water runoff and how it will be contained within the proposed sites in accordance to the City s policy for new 5

6 development. The resulting lot split and combination will result in different ownership and since the existing grading of the parcels does not allow storm water to be contained within the newly proposed sites. Storm water will continue to runoff and drain as it has in the past. Parcel A draining on Parcel B and Parcel B draining on Parcel A. In order to mitigate any issues that may arise as a result of storm water runoff The Schaefer Pavilion, LLC and Islamic Institute of Knowledge are both entering into a private sewer maintenance/easement agreement that will be recorded. The City Engineer recommends that the lot split be approved with the condition that the sites are graded to contain storm water on site in the event of redevelopment. Mr. Ayoub stated that a total of 80 parking spaces are being provided for 6275 Schaefer (Parcel B), and 92 parking spaces are required per the Zoning Ordinance. Therefore, a parking variance is required from the Zoning Board of Appeals as a condition of the lot split approval. Mona Hammoud, 17 West Lane, applicant and project designer stated that this project has already been approved in 2015, but has since been expired. Another property to the north has been leased to add more parking. The plan is to open up parcels to be internally connected and ease traffic. Chairperson Siwik asked for comments from the audience. No one came forward. A motion was made by Vice Chairperson Zalewski supported by Commissioner Green, to approve consideration of the request of the Islamic Institute of Knowledge to review and approve a lot split and combination for the properties located at 6325 and 6345 Schaefer Road, part of the Southeast ¼ of Section 7, Town 2 South, Range 11 East (Parcels # and , respectively). The properties are zoned Business B (Community Business District) zoning classification. The properties are located west of Schaefer Road and south of Haggerty Avenue. Upon roll call the following vote was taken: Ayes: (6) (Commissioners Sickle, Skora, Green, Easterly, Zalewski, and Siwik). Absent: (2) (Commissioners Watts and Mehregan). The motion was adopted. Chairperson Siwik announced that item IV.1 on the agenda is the consideration of the request of GBC Design Inc. to review and approve the special land use and site plan for the reconstruction of an existing Burger King drive-through restaurant located at Michigan Avenue (Parcel # ) currently zoned Business B (Community Business District) zoning classification. The property is located on the north side of Michigan Avenue, between Cambridge and Gulley. Mr. Polkowski stated that this is a request to demolish and rebuild a 2,510 sq. ft. freestanding Burger King Drive-through Restaurant at Michigan Avenue. A 2,799 sq. ft. Burger King Drive-through Restaurant exists on the property today. Along with the drivethrough window, the proposed Burger King will have indoor seating for 40 people. The site will have 25 onsite parking spaces and a drive-through queuing capacity of 13 vehicles, which does not meet City ordinance requirements of 15. The project is an overall improvement to site circulation and provides nearly twice the amount of stacking spaces that exist today. 6

7 Additionally, the proposed rebuild of a more modern style Burger King will provide an enhancement to the aesthetic image. Mr. Polkowski stated that, although the nature of the drive-through operation is not compatible with the adjacent residential use, there are significant improvements being made to the site as compared to existing conditions. Based on the traffic study the proposed renovations would result in improved traffic operations and safety as compared to existing conditions. The proposed project is compatible with other surrounding uses and is located along Michigan Avenue, a major thoroughfare. The overall project is consistent with the Master Plan designation of Vehicle Oriented, Mixed Use Center. Mr. Polkowski stated that there are three variances required for this project to proceed as proposed. Reducing the required stacking from 15 to 13 spaces, waiving the required 700 ft. distance from another fast-food restaurant, and waive the required screening wall for the abutting commercial uses. Mr. Polkowski stated that the drive-through nature of the business does have the potential to generate nuisances that would impact the quality of life of the residents living in the neighborhood north of the site. The masonry wall improvements should mitigate any potential for nuisances. Gary Rouse, applicant and project engineer, GBC Design Inc., 565 White Pond Dr, Akron, Ohio stated that this is a request to demolish and rebuild a Burger King with traffic improvements to the existing facility. The proposed drive through stacking is double what currently exists today. Chairperson Siwik asked for comments from the audience. No one came forward. A motion was made by Commissioner Sickle supported by Commissioner Green, to approve the request of GBC Design Inc. for the special land use and site plan for the reconstruction of an existing Burger King drive-through restaurant located at Michigan Avenue (Parcel # ) currently zoned Business B (Community Business District) zoning classification. The property is located on the north side of Michigan Avenue, between Cambridge and Gulley. Upon roll call the following vote was taken: Ayes: (6) (Commissioners Sickle, Skora, Green, Easterly, Zalewski, and Siwik). Absent: (2) (Commissioners Watts and Mehregan). The motion was adopted. Chairperson Siwik announced that item IV.1 on the agenda is presentation with consultants from LSL Planning regarding the direction of the City s initiative to create and implement a Form-based Code for West Downtown Dearborn. Kathleen Duffy from LSL Planning delivered a presentation on the Form-based Code for the West Downtown Dearborn. No action was taken. 7

8 A motion was made by Commissioner Skora supported by Vice Chairperson Zalewski, to adjourn the meeting. Upon roll call the following vote was taken: Ayes: (6) (Commissioners Sickle, Skora, Green, Easterly, Zalewski, and Siwik). Absent: (2) (Commissioners Watts and Mehregan). The motion was adopted. The meeting was adjourned at 9:43 p.m. THERESA SKORA Secretary 8