Planning Commission Meeting s2

City of Southgate Planning Commission Meeting January 11, 2010

This meeting of the Planning Commission was held in the Municipal Council Chambers, 14400 Dix-Toledo Highway, Southgate, Michigan on Monday, January 11, 2010 and called to order by Chairman Charles Dunn at 7:30 p.m.

Present - Patricia Anderson, Joseph Charney, Roger Dittmer, Charles Dunn, Rick Lamos, Anna Renaud, Elizabeth Ridenour

Absent - Pat D’Anna*, James Samfilippo*

Also Present - Mayor Joseph G. Kuspa, City Administrator Brandon Fournier, Plan Consultant Adam Young, Building Inspections Director Bob Casanova, Attorney Joseph Couvreur, Council President Phillip Rauch, Councilwoman Karen George

*Excused

Minutes:

Moved by Renaud, supported by Ridenour, RESOLVED, that the minutes of the Planning Commission Meeting dated December 14, 2009 be approved as presented. Motion carried unanimously.

Public Hearings:

1. Celebration Church of Christ, PO Box 817, Taylor, Michigan, 48180 – Recommendation to City Council re: Request to rezone 2.07 acres of property located at One Sonic Drive between Prechter Boulevard and Heritage Drive from M-1 (Light Industrial – Research) to RO-1 (Restricted Office) (RZ-09-04 C).

Mr. Byron Moitozo, Minister for Celebration Church of Christ, commented they are requesting the rezoning of this property. Their intent is to use the building as the worship facility for the Celebration Church of Christ. They hope to eventually have a daycare on the premises as well.

Plan Consultant Young gave a brief summary of the request, which is to rezone property located at One Sonic Drive, which is currently split zoned. The northern two thirds portion of the property is currently zoned M-1 (Light Industrial – Research), and the southern one third portion of the property is zoned P-1 (Vehicular Parking). The request is to zone the property to the RO-1 (Restricted Office) district. The reason for the rezoning is to use the existing building on the property as a church, and eventually operate a day care facility.

One thing to consider when reviewing a zoning request is not only to review what the stated use would be, but also what the broad spectrum of permitted uses could be, if it were to be rezoned.

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In the RO-1, Restricted Office District, professional offices would be allowed, as well as similar type uses. We need to consider if all the uses allowed, would be appropriate for this site.

Plan Consultant Young commented they have reviewed the existing land use patterns and the Master Plan recommendations. The Master Plan indicates that the subject site is future planned for Mixed Office and Commercial use. After reviewing the current land uses, adjacent zoning districts, and future plans for this area, he believes the rezoning from the M-1 (Light Industrial) and P-1 (Vehicular Parking) districts, to the RO-1 (Restricted Office) district, would be appropriate for the following reasons:

1. The types of uses allowed within the RO-1 District would generally be compatible with existing land uses in the vicinity, which include office uses and light industrial/research uses. 2. The type of uses allowed within the RO-1 District would serve as a transition between the single-family neighborhood to the south, and more intensive land uses to the north. 3. The rezoning to the RO-1 District is supported by the City of Southgate Master Plan, which intends for the site and larger vicinity to become a mixture of complementary office and commercial uses (Mixed Office and Commercial future land use category). 4. The rezoning would allow for a large vacant building to be occupied for productive use as a church facility and would likely require only minimal changes to the physical appearance of the existing building.

Timothy Manning, 13724 Monterey, commented on the Zoning Ordinance, Section 1282.01, in regard to the M-1 Light Industrial Research Districts. He believes the Zoning Ordinance and Master Plan are not in congruence with each other. In the zoning ordinance, it states that it is the City’s intent to conserve the land for light industrial and research uses. He thinks if the City is not going to preserve the land, that section should be removed from the ordinance. He would be against the rezoning if you went strictly by what the ordinance states.

Chairman Dunn inquired if it is the intent of the applicant to purchase this property if it is rezoned.

Mr. Moitozo responded they do have a purchase agreement and plan to buy the property. They sold their property on Goddard Road in Taylor seven years ago, and have since been meeting at Truman High School. They have been searching for a facility since, and this is the first place they found that they unanimously agreed would be a good location for their church.

Commissioner Renaud inquired why they sold their property, if they already had a church.

Mr. Moitozo responded their church was located on property where the new Taylor Fire Station and Court House is now located. The City made them an offer that was worthwhile, so they sold the property.

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Moved by Ridenour, supported by Anderson, RESOLVED, that the Planning Commission hereby closes the Public Hearing regarding the request from Celebration Church of Christ, PO Box 817, Taylor, Michigan, 48180 – for a Recommendation to City Council regarding the Request to rezone 2.07 acres of property located at One Sonic Drive, between Prechter Boulevard and Heritage Drive, from M-1 (Light Industrial – Research), and P-1 (Vehicular Parking), to RO-1 (Restricted Office) (RZ-09-04 C).

Motion carried unanimously.

Commissioner Lamos inquired about Mr. Manning’s comments about contradictions between the Zoning Ordinance and the Master Plan.

Plan Consultant Young responded the section he was referring to in the ordinance is the Intent Statement regarding the M-1 Light Industrial District. An intent statement describes essentially, what do we mean by M-1 Light Industrial District? In that intent statement, it talks about since there is limited industrial land available for industrial use, it is the City’s intent to carefully conserve the land for light industrial and research oriented uses only. Essentially what that means as far as the intent, is that we want to conserve the M-1 District, and allow light industrial research oriented uses only. It has nothing to do with how much land in the City should be zoned M-1 Light Industrial, or not. In fact, the Master Plan gives us that answer, how much land should be zoned for light industrial use. We have the northwestern corner of the City which is zoned M-1 and it is planned for that type of use. So that is essentially what Mr. Manning is referring to, the intent statement of the M-1 District.

Commissioner Lamos commented if we change the zoning on this property, would Mr. Manning have a concern that the new use would not be an appropriate use for this property.

Mr. Manning responded what he disagrees with is Plan Consultant Young’s characterization of the intent. This land is already zoned M-1 Light Industrial. He believes that it is not the City’s intent to conserve M-1 land anymore. He does not have a problem with the RO-1 district, if it is done properly and in congruence of the Zoning Ordinance and the Master Plan. He commented that another thing to consider is that there are approved plans for a hotel to go in that area. The hotel will have retention ponds and there could be concern if the daycare children were to cross the street and get around the retention pond. He believes we have to be careful when there are mixed uses in an area.

Commissioner Renaud commented that we already have vacant property zoned C-2 in that area, which is where the Hampton Inn Hotel plans on building. They may desire to have a shop/restaurant with alcoholic beverages. They would not be allowed to have that, because they have to be 500 feet away from the RO-1 District. This area is zoned M-1, and she would like to see it remain that way. Sonic is renting a space in that building, which is why they renamed the street to Sonic Drive; perhaps they would be willing to rent more space. She is against rezoning this property because we have a lot of other M-1 zoned property around it, and she thinks it would be spot zoning.

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Discussion on motion.

Commissioner Ridenour inquired if the church could still operate in the building located on the site, if the zoning remains M-1?

Chairman Dunn responded that it could not.

Plan Consultant Young commented on the definition of spot zoning. It is true that if this 2-acre parcel were to be zoned RO-1, it would not be the same zone as the C-2 to the north, the M-1 around it, or the residential to the south. However, it can never be a spot zoning if it is supported by the Master Plan. Therefore, since this is supported by the Master Plan, it could not be considered spot zoning. Also, the applicant does have a purchase agreement with the current property owner. He believes if the current property owner is willing to sell the property; it is an indication of why Sonic will not continue to operate within that building. He thinks the intent is for that not to happen, or it is not feasible for the property owner at this time.

Commissioner Ridenour commented if she lived in that neighborhood, she would much rather have a church across from her, than some kind of light industry.

Commissioner Lamos understands what Mr. Manning was talking about. As far as Sonic, they are leasing from month to month, so they could leave at any time. He is familiar with the enterprise of daycare facilities, and inquired if there would be an adequate playground area for a daycare facility at that location. He commented that there are interesting regulations to be followed relating to daycare facilities.

Mr. Moitozo responded that they have not formally checked with the State of Michigan on the daycare facility, but they realize that they have to do that. There is a long and narrow strip of land along the north side, between the building and the street. It is of adequate size and they would fence that area in.

Chairman Dunn inquired how long has the purchase agreement been in effect.

Mr. Moitozo responded that they signed it about four weeks ago.

Commissioner Dittmer inquired if the parking facility would be adequate for the church purposes.

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Building Inspections Director Casanova commented the parking would be determined by the number of seats/pews that they have. The applicant is aware of the parking requirements. Currently, it is a small congregation, so the parking is adequate.

Mr. Moitozo commented for the foreseeable future, they do have adequate parking. They also have a verbal non-binding agreement with the prospective buyers of the other ASC property, that if in the event they need additional parking, they would be allowed to park at the other facility. He believes if they need to get a written agreement regarding that issue, it could be arranged if necessary.

Commissioner Charney inquired about the size of the church membership, when they had their other facility in Taylor.

Mr. Moitozo responded this church has a history going back over 60 years. In its early days, the church at its maximum size had a membership of about 400. However, when he started attending the church in 1990, it was down to about 250 members. By the time they sold the church seven years ago, there were less than 100 members. They currently have a very small congregation.

Commissioner Charney commented so this would be a tool for them to help grow the church to a larger capacity.

Attorney Couvreur referred to the comments made by Mr. Manning. He believes that Mr. Manning thinks according to the Zoning Ordinance, the City should not eliminate any M-1 districts. However, this body has to consider if this proposed change conforms to the existing Master Plan.

Plan Consultant Young commented that it does.

Attorney Couvreur commented the intent for restricted office districts is to accommodate uses such as offices, banks, and personal services, which can serve as a transitional access between residential and commercial districts. He inquired if Consultant Young feels this intent is consistent with the Master Plan.

Plan Consultant Young believes that it would be.

Commissioner Dittmer inquired if Attorney Couvreur is saying that the church would serve as a transition for that community.

Attorney Couvreur responded that is for the Planning Commission to determine. The Commission should remember that this rezoning is not just for churches, there are other uses that could go into the RO-1 zoning, such as offices, medical offices, and banks, as well as churches.

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Commissioner Renaud inquired if Mr. Manning has had any problems from previous tenants of the building that the church wishes to go into?

Mr. Manning responded he has not.

Building Inspections Director Casanova explained the ordinance pertaining to alcoholic beverages says that retail outlets whose principal function is the sale of alcoholic beverages, must be 500 feet away from a church or a school. So that would be a liquor store, it would not be a hotel or restaurant.

Chairman Dunn called for a roll call vote on the previous motion which was:

Moved by Renaud, supported by Dittmer, RESOLVED, that the Planning Commission recommends to City Council that the request to rezone 2.07 acres of property located at One Sonic Drive, between Prechter Boulevard and Heritage Drive, from M-1 (Light Industrial – Research), and P-1 (Vehicular Parking), to RO-1 (Restricted Office), be DENIED, based on the idea that it could be considered spot zoning, said property described as; Parcel Number 53-014-99-0003-729, Part of the Northwest ¼ of Section 26, Town 3 South, Range 10 East, described as; beginning South 00 Degrees 27 Minutes 45 Seconds East 1736.87 feet and South 89 Degrees 50 Minutes 19 Seconds West 1202.67 feet from the Northwest ¼ Corner of said Section 26, thence South 89 Degrees 50Minutes 19 Seconds West 281.91 Feet thence North 00 Degrees 22 Minutes 41 Seconds West 296.46 feet thence North 44 Degrees 44 Minutes 01 Seconds East 33.27 feet thence North 89 Degrees 50 Minutes 19 Seconds East 258.34 feet thence South 00 Degree 22 Minutes 41 Seconds 320.03 feet to the Place of beginning, as requested by Celebration Church of Christ, PO Box 817, Taylor, Michigan, 48180 (RZ-09-04C). Roll call vote on motion: yeas – Dittmer, Renaud, Dunn nays – Anderson, Charney, Lamos, Ridenour absent – D’Anna, Samfilippo Motion failed 4 – 3.

Moved by Ridenour, supported by Charney, RESOLVED, that the Planning Commission recommends to City Council that the request to rezone 2.07 acres of property located at One Sonic Drive, between Prechter Boulevard and Heritage Drive, from M-1 (Light Industrial – Research), and P-1 (Vehicular Parking), to RO-1 (Restricted Office), be APPROVED, said property described as; Parcel Number 53-014-99-0003-729, Part of the Northwest ¼ of Section 26, Town 3 South, Range 10 East, described as; beginning South 00 Degrees 27 Minutes 45 Seconds East 1736.87 feet and South 89 Degrees 50 Minutes 19 Seconds West 1202.67 feet from the Northwest ¼ Corner of said Section 26, thence South 89 Degrees 50Minutes 19 Seconds West 281.91 Feet thence North 00 Degrees 22 Minutes 41 Seconds West 296.46 feet thence North 44 Degrees 44 Minutes 01 Seconds East 33.27 feet thence North 89 Degrees 50 Minutes 19 Seconds East 258.34 feet thence South 00 Degree 22 Minutes 41 Seconds 320.03 feet to the Place of beginning, as requested by Celebration Church of Christ, PO Box 817, Taylor, Michigan, 48180 (RZ-09-04C).

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Commissioner Renaud objected to the motion.

Roll call vote on motion: yeas – Anderson, Charney, Ridenour nays – Dittmer, Lamos, Renaud, Dunn absent – D’Anna, Samfilippo

Motion failed 4 – 3.

Commissioner Lamos explained in the initial motion to deny the request, Commissioner Renaud stated the reason was because of spot zoning. That is why he voted against that motion, specifically on the reason behind the motion. However, his recommendation is to deny the request for the rezoning.

Commissioner Dunn commented it would be the Planning Commission’s recommendation to City Council to deny the request to rezone the property.

Correspondence:

The following correspondence was received and filed:

 Copy of minutes of City Council Work Study Session dated December 2, 2009,  Copy of minutes of Regular City Council Meeting dated December 16, 2009,  Copy of minutes of Downtown Development Authority Meeting dated November 19, 2009,  Copy of Planning & Zoning News dated December 2009,  Copy of Resolution No. 178-09 re: Zoning Ordinance Amendment.

Officials’ Reports:

Chairman Dunn introduced and welcomed the new City Administrator, Mr. Brandon Fournier.

Old Business:

1. Tabled item: Ernie Abercrombie, 13565 Dix-Toledo, Southgate, Michigan 48195, Request for a Recommendation to City Council to schedule a Public Hearing re: Vacation of Public Right-of-way at 13565 and 13595 Dix-Toledo, between Walnut and Fordline. (AV-01-09)

Chairman Dunn explained that Mr. Abercrombie requested this issue be tabled further.

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Moved by Ridenour, supported by Lamos, RESOLVED, that the Planning Commission tables the request to consider vacation of a Public Right-of-Way located behind 13565 and 13595 Dix-Toledo, between Walnut and Fordline, indefinitely, as requested by Ernie Abercrombie, 13565 Dix-Toledo, Southgate, Michigan 48195. (AV-01-09)

Motion carried unanimously.

2. Tabled item: Philip Brigandi, 14594 Eureka, Southgate, Michigan,48195, Request for Conditional Use/Site Plan Approval to expand the parking lot at 14594 Eureka Road (3 Nicks Tap Room) to provide additional vehicle parking spaces. (CUA-09-02C (c)

Chairman Dunn explained that Engineer Tom Condon, representative for applicant Philip Brigandi, has requested that this issue be tabled until February, 2010.

Moved by Ridenour, supported by Charney, RESOLVED, that the Planning Commission tables the Request for Conditional Use/Site Plan Approval to expand the parking lot at 14594 Eureka Road, (3 Nicks Tap Room), for thirty days, until February 8, 2010, as requested by Philip Brigandi, 14594 Eureka Road, Southgate, Michigan, 48195. (CUA 09- 02C(c).

Motion carried unanimously.

New Business:

1. Election of Officers for 2010

Election of Chairman for 2010

Moved by Renaud, supported by Ridenour, WHEREAS, Charles Dunn is nominated to serve as Chairman of the Planning Commission for the year 2010, and WHEREAS, there were no other nominations for Chairman, therefore be it RESOLVED, that Charles Dunn is hereby elected to serve as Chairman of the Planning Commission for the year 2010. Motion carried unanimously.

Election of Vice Chairman for 2010

Moved by Ridenour, supported by Renaud, WHEREAS, Rick Lamos is nominated to serve as Vice Chairman of the Planning Commission for the year 2010, and WHEREAS, there were no other nominations for Vice Chairman, therefore be it RESOLVED, that Rick Lamos is hereby elected to serve as Vice Chairman of the Planning Commission for the year 2010. Motion carried unanimously.

Election of Secretary for 2010

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Moved by Ridenour, supported by Renaud, WHEREAS, Roger Dittmer is nominated to serve as Secretary of the Planning Commission for the year 2010, and WHEREAS, there were no other nominations for Secretary, therefore be it RESOLVED, that Roger Dittmer is hereby elected to serve as Secretary of the Planning Commission for the year 2010. Motion carried unanimously.

2. Adoption of schedule for 2010 meeting dates & times

Moved by Lamos, supported by Anderson, RESOLVED, that the Planning Commission adopts the scheduled meeting dates as presented, for the year 2010. Motion carried unanimously.

3. Appointment of Planning Consultant for 2010

Moved by Renaud, supported by Anderson, RESOLVED, that the Planning Commission recommends to City Council that the firm Wade-Trim Associates, Inc., (Adam Young), 500 Griswold, Suite 2500, Detroit, Michigan 48226, be retained as Planning Consultant for the City of Southgate, on a month to month basis. Motion carried unanimously.

1. Delegate City Clerks’ office to set Public Hearings

Moved by Charney, supported by Ridenour, RESOLVED, that the Planning Commission hereby delegates the City Clerk’s office to set Public Hearings for the year 2010. Motion carried unanimously.

1. Adopt by-laws for 2010

Moved by Charney, supported by Ridenour, RESOLVED, that the Planning Commission hereby re-adopts the current City of Southgate Planning Commission By-Laws and Rules of Procedure as outlined, for the year 2010.

Motion carried unanimously.

Adjournment:

Moved by Dittmer, supported by Lamos, RESOLVED, that this meeting of the Planning Commission be adjourned at 8:16 p.m. Motion carried unanimously.

Charles Dunn Chairman, Planning Commission is

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