FENTON PLANNING COMMISSION MEETING



FENTON PLANNING COMMISSION

City Hall Council Chambers

Thursday, January 25, 2007 7:00 P.M.

Chairman Morey called the meeting to order at 7:03 p.m.

Present: Carpenter, Grossmeyer, King, Morey, Ogger, Riggs.

Absent: McHale, Stickel.

Others Present: Brad Hissong, Building/Zoning Administrator; Carmine Avantini, LSL Planning; Sherrin Hood, LSL Planning; Brent Morgan, DDA Director; Nancy Padgett, Building/Zoning Secretary; Steve Schultz, Foster, Swift, and Collins & Smith.

Motion by King, seconded by Grossmeyer, to approve the minutes of special meeting held December 7,

2006, and the regular meeting held December 14, 2006.

Voice vote, motion carried.

SPECIAL LAND USE –Financial Plus Federal Credit Union – Public Hearing.

Mr. Michael Pifer, Kraft Engineering Inc., 409 W. Seventh Street, Flint, MI 48503. Mr. Pifer introduced himself and the other individuals involved with the project that also included Jill Reno, President, CEO, Financial Plus; Thomas Adams, Vice President/Operations, Financial Plus and Jeff Boehmer, General Contractor, DEI, Inc., 1550 Kemper Drive, Cincinnati, OH 45240. Mr. Pifer went over the reduced size plan for the proposed bank. Mr. Pifer gave a brief explanation of the request for Special Land Use and told the Commission that the proposed bank is on the east side of Silver Parkway, five hundred (500) feet south of Silver Lake Road, between the State Bank and Dairy Queen. Mr. Pifer said the parcel is approximately one (1) acre, zoned GBD/PUD. (General Business District/Planned Unit Development). Mr. Pifer added that there is no proposed drive-way off of the Parkway and that the proposed plan will connect the existing service drive on the east side of the property. Mr. Pifer then referred to the LSL letter dated January 3, 2007. Ms. Hood, LSL Planning, commented briefly on the review letter and said that Mr. Pifer had covered all of the issues pertaining to the Special Land Use for the project. Ms. Hood added that the proposed plan complies with the zoning ordinance and the only stipulation in the review letter for Special Land Use is that the canopy does not exceed the building height. Hissong said that staffs concerns were addressed in the LSL letter.

King asked about signs for the project in lieu of the proposed rescinding of the Sign Ordinance also on the agenda for the meeting. Mr. Avantini said the project is bound by the by-laws of the Silver Lake Village Planned Unit Development.

Being no further comment from the Planning Commission, Chairman Morey opened the public hearing. With no comment from the public, Chairman Morey closed the public hearing and brought the item back before the Planning Commission for further discussion. Ms. Hood added that approval of the Special Land Use is contingent upon Site Plan approval.

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Motion Riggs, seconded by Grossmeyer, to approve the Special Land Use for Financial Plus Federal Credit Union, consistent with the recommendation and conditions listed in the LSL letter dated January 3, 2007, and approval of the Site Plan.

YEAHS: King, Morey, Ogger, Riggs, Carpenter, Grossmeyer.

NAYS: None.

ABSENT: McHale, Stickel.

Motion carried.

Chairman Morey stated that if there were no objection, the Commission would hear the Sign Ordinance public hearing upon the arrival of Attorney Schultz. Hearing no objection, the Commission moved on to the next item on the agenda.

DOWNTOWN PUD AMENDMENT – Public Hearing.

Mr. Avantini explained that zoning updates are needed prior to the amendment being included in the Master Plan. Brent Morgan, DDA Director, gave the Commissioners a brief summary of the joint meeting, which took place between the DDA, City Council and the Planning Commission. Mr. Morgan also thanked all of those involved and said that the open house held in May of 2006 was a success and that Grossmeyer and Morey had been very involved in representing the Planning Commission. Mr. Morgan added that the DDA is anxious to begin execution of the amendment. King thanked Mr. Morgan for his work.

Chairman Morey then opened the public hearing. Being no public comment, Chairman Morey closed the public hearing and brought the item back before the Planning Commission for further discussion.

Mr. Morgan explained that there are five (5) projects involved in the entire process. The projects involve turning the various boards into committees and soliciting board members to become involved with the projects. Mr. Morgan asked that anyone interested contact him for an application.

Motion King, seconded by Grossmeyer, to adopt the Preliminary Downtown PUD Amendment, including all historical districts and recommend approval to City Council.

YEAHS: Ogger, Riggs, Carpenter, Grossmeyer, King, Morey .

NAYS: None.

ABSENT: McHale, Stickel.

Motion carried.

SIGN ORDINANCE – Public Hearing.

With Attorney Schultz present, the Commissioners proceeded with discussion of the Sign Ordinance amendments. Mr. Schultz apologized for his tardiness to the meeting. Mr. Schultz told the Commissioners that the most recent draft of the Sign Ordinance had been reviewed by himself and Hissong and that Code Enforcement had a chance to look at the proposed changes. Mr. Schultz also said the changes had been forwarded to City Council for the ACLU, but that it was not received in

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time for comment at the meeting. The Commissioners discussed the possibility of an undue burden on the Building/Zoning Department, in lieu of the changes to the ordinance. Hissong said there are several signs to review and that illegal signs would have to be looked at regardless. Mr. Schultz stated that the proposed notice procedure had been simplified and the size requirement had also changed. Mr. Schultz also said that more enforcement action would be necessary but that it would be easier than in the past and create no increase in cost. Mr. Schultz confirmed that the amendment to the Sign Ordinance would not allow what the restrictions of a PUD prohibit as far as placing signs in the right-of-way. Hissong said that portable a-frame signs are prohibited from placement on property, other than adjacent to the business entry door. Mr. Schultz explained that in the Zoning Ordinance the City outlines the standards for signs and that the Sign Ordinance would now require a permit for all signs. Mr. Schultz also said that Section 22.6 (except for (f)) requires a permit and that temporary signs are valid if they meet the standards. Mr. Schultz went on to say that Section 27-28 would be amended to require a permit for signs that are not temporary. Mr. Schultz also said there are lawsuits happening throughout the country and that basically a ‘one size fits all’ exempt signs or the City would need to require a permit for all signs. Mr. Schultz said that as long as the sign restrictions are not based upon content of the sign the amendment would be okay. Mr. Schultz also said the new policy is based upon the current lawsuit and that it is prudent to take out that which draws distinction based on content and err on the side of regulating all signs and go from there.

Motion Grossmeyer, seconded by Ogger, to recommend that City Council rescind the current exemptions in Section 36-22.03 of the Sign Ordinance and approve the new Ordinance as revised.

YEAHS: Riggs, Carpenter, Grossmeyer, King, Morey, Ogger .

NAYS: None.

ABSENT: McHale, Stickel.

Motion carried.

OLD BUSINESS

None.

NEW BUSINESS

SITE PLAN APPROVAL – Financial Plus Federal Credit Union.

Mike Pifer, Kraft Engineering, addressed the Planning Commission regarding the Site Plan for Financial Plus Federal Credit Union. Mr. Pifer said there is no ingress/egress off of Silver Parkway and that a new drive will be created. Mr. Pifer also said the existing east side service drive extends north and the south connector runs off of the Dairy Queen drive-way, giving multiple accesses in and out of the site. Mr. Pifer said there are twenty-two (22) proposed parking places and an ATM drive-through included in the four (4) lanes along the building. Mr. Pifer also said the ATM is not a walk-up. Mr. Pifer said that sidewalks will be installed in the right-of-way for the public in front of the building on the north side and adjacent to parking on the west and south sides of the facility. Mr. Pifer said storm water will be underground with an outlet northeast existing on the south side of the

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Parkway and that the existing sanitary sewer is part of the master plan. Mr. Pifer pointed out the landscaping proposed on the plan along Silver Parkway and on the west and north sides of the building and the screening of the dumpster. Mr. Pifer also said there would be a masonry enclosed generator which will match the building. The proposed signs are typical six (6) by ten (10) and illuminated from the inside, which meets current requirements. There is also a proposed flag pole on the northwest corner of the property and that all building materials will follow the same style. Mr. Boehmer explained that a majority of the building material will be brick and E.I.F.S.(exterior insulated foam system – a.k.a. dryvit) with a shingled roof. Mr. Avantini said the applicant would need to provide a sample of the enamel finish behind the front lettering prior to construction. The applicant said they would get additional information from the sign company and comply with the City Ordinance prior to the final construction package. Ms. Hood said the proposed project is a good example of why the Planned Unit Development is a benefit for the applicant and the City. Ms. Hood also said the only concerns included in the LSL review letter can be addressed administratively, which include an extra tree in the front of the building, sidewalk installation on the south side of the building and extension of the front sidewalk for safer access. Ms. Hood added that the current ordinance standards apply to a walk-up ATM and that there are no objections to the regular parking spaces and that LSL encourages screening/landscaping around the electric riser, etc. Hissong stated that staff concerns were well covered in the LSL letter of January 3, 2007, and that it had been a pleasant experience working with the applicant.

King expressed that she felt shrubbery near the employee entrance/exit was cause for safety concern for employees. Riggs asked the number of employees at the proposed branch. It was confirmed that there are eight (8) to ten (10) employees proposed at the Fenton branch. Mr. Boehmer said that the facility will be very well lit and there would be no concern for employee safety. Mr. Adams said there had been no problems at other branches and that the proposed facility is four hundred (400) feet larger than the Swartz Creek branch. It was confirmed that the proposed canopy height is ten (10) feet, six (6) inches. Ms. Reno added that safety is the banks greatest concern and that there would be no way for an individual to hide outside of the building without being seen. Ms. Reno also said that of the total employees, four (4) would be working during any one shift.

Motion Grossmeyer, seconded by Ogger, to approve the Site Plan for Financial Plus Federal Credit Union, taking into account the January 2, 2007 from LSL and granting a waiver of the two (2) additional parking spaces for the ATM, due to the fact that this ATM access and use is from vehicle traffic only, no walk-up and allow the sidewalk on the south side of the building and allow the additional tree placement and the sign issues to be worked out administratively.

YEAHS: Carpenter, Grossmeyer, King, Morey, Ogger, Riggs.

NAYS: None.

ABSENT: McHale, Stickel.

Motion carried.

The applicant said that they hoped to begin construction as soon as weather permits. Hissong informed the applicant that once administrative Site Plan approval was granted they could submit

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construction plans and a building permit application and once this is completed, request to set-up a pre-construction meeting and proceed from there.

SITE PLAN APPROVAL – Lucky’s Steakhouse.

Kim Procunier, Proline Architecture, explained that originally Lucky’s was set-up for open/patio style seating and it never caught on and that the owner now wants to enclose the patio and create a 1,833 square foot addition to the existing restaurant. Mr. Procunier added that lighting is not an issue and there are no signs to be installed. Mr. Procunier also said that parking would not increase, nor would it be an issue, due to the shared parking situation with the neighboring Holiday Inn Express.

Ms. Hood went over the review letter dated January 9, 2007. Ms. Hood pointed out that the area to be enclosed is part of the original restaurant and the issues surrounding the addition are minor and can be reviewed administratively. Hissong said that the sewer usage will remain the same (sewer charges pre-paid by applicant) and that the addition is a mirror image of the existing building. King asked if there would be a canopy and outdoor eating. Mr. Procunier said that the addition would be used year round and there would be no outdoor dining.

Motion King, seconded by Grossmeyer, to approve the Site Plan for Lucky’s Steakhouse, citing the conditions of the LSL letter dated January 9, 2007.

YEAHS: Grossmeyer, King, Morey, Ogger, Riggs, Carpenter.

NAYS: None.

ABSENT: McHale, Stickel.

Motion carried.

CALL TO AUDIENCE

None.

ADMINISTRATIVE ITEMS

Hissong informed the Commission that Zoning Ordinance changes would be coming before the Planning Commission soon and that Wal-Mart is expected to be on the agenda for the February 22, 2007 meeting.

LSL ITEMS

Mr. Avantini told the Commissioners that there were zoning compliance issues with several Planned Unit Developments within the City. Mr. Avantini said that he and Hissong would be reviewing these developments in order to make sure they are in compliance. Hissong said that some large developments were never granted approval for additional phases and have started development of second phases when they should have gone back to the Planning Commission for final approval. Hissong said that a couple of those outstanding were escrow account issues.

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COMMISSIONER MEMBER ITEMS

Grossmeyer expressed the importance of communication between the Planning Commission and the DDA. Ogger asked about the status of Whispering Pines and Hissong confirmed that the development had been sold by Mike Daily. The Commissioners discussed the vacancy on the Planning Commission

left by Clement. Hissong said he would review the current applications on file and report back to the Commission at the next meeting. Chairman Morey recommended having the interested parties present at the next meeting and Grossmeyer suggested making the vacancy an agenda item for the next meeting. Hissong said that if Wal-Mart is on the February 22, 2007 agenda it may be better to have the vacancy item placed on the agenda for a subsequent meeting.

ADJOURNMENT

The meeting adjourned at 9:00 p.m.

Nancy M. Padgett

Recording Secretary

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