CALL TO ORDER

The meeting was called to order at 7:00 PM by Swor, in the Council Chambers on the lower level of the Mill Building at 201 N. Main Street, Linden, Michigan, 48451.

ROLL CALL

Present: Libby Elliott, Aaron Wiens, Joe Crawford, Ray Culbert, Lynne Drewett, Bill Swor, Jennifer Scott, Brad Dick, Dan Cusson

Absent: None

Others Present: Paul Zelenak, City Manager, Adam Young, City Planner

MINUTES APPROVAL

Motion by Culbert, seconded by Cusson to approve the Minutes from the August 1, 2016 regular meeting. Motion carried.

PUBLIC HEARINGS/SPECIAL PRESENTATIONS

(A)  PC 19-16 Public Hearing on the Request for a Special Land Use of a Fast Food Restaurant with a Drive- Thru at 605 West Broad

Applicant WT Development Corp. for Taco Bell of America and property owner Richard L. Jacobs are requesting Special Land Use approval to establish a Taco Bell restaurant at 605 West Broad Street, Linden, MI. A fast food/drive-thru restaurant is allowed per Section 4.4.5, (2) of the City Zoning Ordinance as a Special Land Use after a public hearing and subject to approval by the City Planning Commission.

Culbert motioned, seconded by Cusson to open the public hearing at 7:12 PM

Ray Kessler: I live 100 ft. south of the location. I want to know if there is going to be a privacy wall, if there is lighting will it be shaded? Is it necessary for there to be an entrance/exit off of Hyatt? I have no objections, but I would like to get those questions answered.

Mary Wickstrom, 224 Hyatt Lane: I am concerned my home value could be affected. How will it impact the traffic and infrastructure in the area? If it is open late, there will be more noise and more people and traffic in our neighborhood, and a higher security risk. Why do we need another national franchise? I am worried about litter from another fast food place; we already have a problem with McDonald’s. There are a lot of kids and families in the area that this could impact.

Kevin Begola: I want to make sure that the traffic issue will be discussed tonight.

Culbert motioned, seconded by Dick to close the public hearing at 7:17 PM. Motion carried.

CITIZEN’S COMMENTS

Lisa Varacalli, 517 E. Broad: My business was zoned commercial when we purchased it and I would like to look into transferring the lot back to commercial use. It has been a commercial use since 1934. Is this a possibility? What is the process?

Zelenak: I have spoken with Adam regarding this and we plan on looking at this at a future meeting to discuss this lot and other parcels being rezoned.

Young: You can always submit a rezoning application, or if you are able to wait until January we can discuss it with the Commission at that time.

Lisa: I wanted to make a comment before it was too late.

COMMUNICATIONS

The Commission is in receipt of 4 issues of Planning and Zoning News

UNFINISHED BUSINESS

None.

NEW BUSINESS

(A)  PC 19-16 605 West Broad Street Preliminary Site Plan & Special Land Use – Taco Bell

We are in receipt of a special land use review application and preliminary site plan review application to develop a new Taco Bell fast food/drive-thru restaurant at 605 West Broad Street. The applicant is proposing to develop a new 2,169 square foot Taco Bell restaurant with 40 indoor seats and a drive-thru service window. Proposed site improvements would include driveways from both West Broad and Hyatt Lane, a 23 space parking lot, drive-through lane, storm water detention basin, lighting, signage, sidewalks, trash enclosure and other improvements. Within the GC, General Commercial District, “fast foot, drive-in and drive-thru restaurants” are allowed as a special land use. A special land use requires approval by the Planning Commission after a legally noticed public hearing. Thus, a public hearing has been scheduled for the December 5, 2016 meeting.

Motion by Culbert, second by Cusson to approve the special land use request for Taco Bell fast food restaurant with drive-through at 605 West Broad Street.

YAYS: Elliott, Cusson, Crawford Culbert, Swor, Williams

NAYS: None

ABSTAIN: Dick

ABSENT: Drewett

Motion by Culbert, seconded by Williams to approve the preliminary site plan for the Taco Bell fast food restaurant with a drive-through at 605 West Broad Street. This preliminary site plan approval is made contingent upon the following conditions:

1.  The driveways will be designed in order to accommodate right-turn egress movement only.

2.  A buffer shall be provided along the southern property boundary consisting of existing vegetation or proposed buffer devices.

3.  A detailed plan to accommodate off-street loading shall be provided.

4.  The proposed hours of operation need to be specified.

5.  Masonry materials shall be incorporated into the exterior design of the building; and

6.  An escape lane for the drive-through facility shall be provided, unless a variance is granted by the City Zoning Board of Appeals.

YAYS: Williams, Cusson, Elliott, Culbert, Swor, Crawford

NAYS: None

ABSTAIN: Dick

ABSENT: Drewett

(B)  PC 20-16 103 East Broad Street Preliminary Site Plan – Dr. Wax Orthodontics Mixed-Use Building

We are in receipt of a preliminary site plan review application submitted by Asselin McLane Architectural Group, LLC, with permission of property owner Wax Real Estate Holdings, LLC, to construct a new building at the northeast corner of Broad Street and Bridge Street (new address would be 103 East Broad Street). More specifically, the building will be two-stories with a footprint of approximately 7,000 square feet. The first floor is proposed to include an office space (3,607 sq. ft.) for the Dr. Wax Orthodontics business and a 2,977 sq. ft. lease space for a not-yet disclosed business. The second floor is proposed to consist of five total condominium units ranging in size from 1,063 sq. ft. to 1,486 sq. ft. In addition to the proposed building, other proposed site improvements include a 26-space off-street parking lot (with access from North Bridge Street), dumpster/dumpster pad, landscaping, sidewalk, and utility improvements.

Citizen Comments:

Terry Wright, 210 W. Broad: Looks similar to what went in to Fenton. We need to take a look at what we want downtown and what guidelines you are going to use against this. I am not in favor of having the HDC have all the responsibility, don’t want to pass the buck. I am not in favor of the new building looking old. There is not enough space for everything we might want or require. We need two ways to enter the parking lot to make it safer.

Kevin Begola: I agree we should open our eyes to past situations. We have vinyl siding and houses falling down so have an open-mind. Will there be a basement? What is the estimated start date? I would like to know about lane closures and when to expect them. I want to challenge the City on parking. Start looking at getting more parking, get with the church. I would also like to know Dr. Wax’s position on the gas leak.

Dr. Wax: I would like to thank you for your support. I want to please myself with this building, but also the community. I plan to be in this building in Linden until I retire. I want to fit all the parking that I can, and I hope to piece everything together.

The Planning Commission discussed and provided feedback regarding the proposed development and its design.

Motion by Williams, seconded by Culbert to table action on the preliminary site plan for the proposed orthodontics/mixed-use building at 103 East Broad Street to allow for plan revisions and further review by the Planning Commission. Motion carried.

COMMISSIONER/COMMITTEE REPORTS

ADJOURNMENT

The meeting was adjourned by Swor at 9:15 PM.

Respectfully Submitted,

______Approved: ______

Erica Armstrong, Deputy City Clerk

City of Linden Minutes for Planning Commission Regular Meeting December 5, 2016 Page 3