FENTON PLANNING COMMISSION MINUTUES

City Hall Council Chambers

Thursday, March 28, 2013

7:00 P.M.

ROLL CALL

Present: Kasper, Morey, Smith, Steffey, Sprague,

Absent: Farella, Lenhart, Parker

Others Present: Brad Hissong, Building & Zoning Administrator, Sherron Hood, LSL Consultant

MINUTES

Motion by Kasper, support by Morey to approve the minutes from the February 28, 2013.

MOTION CARRIED, ALL AYES

OLD BUSINESS – Letter from Clerk Naismith to Sean Orzol

NEW BUSINESS

Avantini, CIB Consultant, gave an overview of the rezoning. Lasco Ford would like to do three phases as part of this rezoning request. In order to follow through with the other two phases, Lasco would need to rezone a portion (parcel 53-35-300-059) from an OSD to PUD so they can expand the parking lot and do Phase II and III. In Phase II, they would construct a new service building on the site where there is currently a parking lot. Phase III would convert, expand, and remodel the existing main building to the guidelines of what is required with all Ford dealerships.

What is being recommended to Lasco is they not only rezone the piece of property that is wooded for an additional parking lot, but have the entire site rezoned. Lasco Ford is asking for rezoning and at the same time looking for site plan approval for that piece of property along with the entire site to a PUD. In order to convert everything over, they would also need to come back to the Planning Commission for a Special Land Use for their display vehicles. This is why the rezoning and the site plan are before the Planning Commission at the same time. The site plan does include a preliminary PUD which basically governs future improvements to the site. If the rezoning is approved the whole site will be GBD/PUD.

Mr. Quaderer, engineer for Lasco, reiterated what Mr. Avantini stated. There is one revision made as to what was originally submitted. The original plan did not meet the setback requirements for part of the new parking lot, but with the new changes made on the plan submitted, the requirements are met.

Mr. Avantini further stated that this type of rezoning of an existing site and looking to make it work in a more unified fashion is one of the goals of the Master Plan and zoning ordinance. After review of the standards for PUD and rezoning approval, recommendation for approval of the rezoning request from OSD and GBD to GBD/PUD for the entire subject property conditioned upon the new plan submitted today, 03/28/13, showing the 40 foot setback off of Shiawassee and the having the central entry way, that was recommended by Pete LaMourie, of Progressive, along with the closing of their existing entry way on the east side of the building.

1.  PUBLIC HEARING: Rezoning entire Lasco Ford property at 2525 Owen Road to PUD, Planned Unit Development and the zoning for parcel 53-35-300-059 on the eastern edge of the site from OSD, Office Service District, to GBD, General Business District/PUD, Planned Unit Development District. The purpose of the request is to rezone property to GBD/PUD and also provide coordinated future improvements for the Lasco Ford property through the PUD designation.

At this time the public hearing was opened:

Mr. Frank O’Brien, 4139 Bluebird Drive, Commerce, MI, stated he is the owner of the property that adjoins the property being rezoned. He owns the apartments at 4218 and 4220 Shiawassee. For 15 years he has maintained these apartments. He believes this rezoning will make a nuisance to his tenants and destroy the tranquility they call home. Mr. O’Brien hopes the Planning Commission will leave the current zoning as is and not destroy the value of his property by being surrounded by a noisy car lot.

There being no further speakers, the hearing was closed.

Kasper made a motion, supported by Morey, to approve the rezoning request from OSD and GBD to GBD/PUD for the entire subject property conditioned upon the new plan submitted today, 03/28/13, showing the 40 foot setback off of Shiawassee and the having the central entry way, that was recommended by Pete LaMourie, of Progressive, along with the closing of their existing entry way on the east side of the building, based on the recommendation of Mr. Avantini.

MOTION CARRIED (5-0) – Kasper-aye, Smith-aye, Morey-aye, Sprague-aye, Steffey-aye

Avantini presented the proposed text amendments to Section 36-12-.02, Permitted uses regarding pet boarding facilities within the Industrial District. He recommended the following changes:

1. Except for the outdoor play area, the facilities must be located in a building with the pet boarding and any ancillary services being the only uses.

2. The lot shall be at least two (2) acres in size.

3. Up to 5% of the floor area may be used for accessory retail sales.

4. Adequate traffic circulation must be provided on-site to accommodate the frequent pick-up and drop-off of animals for the facility.

5. An outdoor play area is allowed with the following restrictions:

(a) Any outdoor play area shall not be any closer than one-hundred fifty (150) feet from a residential zoning district.

(b) Any outdoor play area shall be located in the interior side yard or rear yard.

(c) A maximum eight (8) foot high fence enclosure is required around the play area and the surface must be easy to maintain.

(d) All animal waste shall be removed from the outdoor play area daily and disposed of in a sanitary manner.

(e) Pets shall not be permitted to remain outdoors overnight.

The following would be the added: Add to Article XXVIII, DEFINITIONS:

Section 36-28.02, Definitions O-P

Pet Boarding Facility. A facility for the daily observation and care of dogs, cats, or other household pets, but not including farm animals or livestock, which may provide ancillary services such as grooming and training, adoption and rescue, but not breeding. The facility may be operated for profit and may offer overnight stays but does not include the long-term raising of animals more commonly associated with a kennel.

2.  PUBLIC HEARING: To consider text amendments to Section 36-28.09, Definitions; Sec. 36-12.02, Permitted Uses (IND, Industrial District); and Sec. 36-14.08, Special Land Use Specific Requirements. These amendments provide standards that would allow pet boarding facilities as special land uses in the IND, Industrial District.

At this time the public hearing was opened. There being no speakers the hearing was closed.

Smith made a motion, supported by Steffey, to recommend approval to City Council for the amendment and adoption to Section 36-12-.02

MOTION CARRIED (5-0) – Kasper-aye, Smith-aye, Morey-aye, Sprague-aye, Steffey-aye

SITE PLAN REVIEW

1.  LASCO FORD – 2525 OWEN ROAD, Parking Lot Expansion

Avantini stated there have been some revisions made from the original plan submitted and based upon the revised information submitted for the above, we continue to recommend approval with the following revised conditions, to be reviewed and approved administratively in a revised site plan submission:

1.  Approval of a temporary use permit for storage and display of vehicles on the parking lot, to be replaced with special use approval if the pending rezoning application is approved;

2.  Planning Commission approval of the rear yard buffer treatment to match that for the existing site;

3.  Increasing the front yard setback for property along Shiawassee Avenue to 40 feet, thereby meeting the requirement for the potential special use application;

4.  Approval of the landscaping substitutions identified in the CIB Planning letter dated 3/17/13;

5.  The addition of the two (2) landscaped parking lot islands shown in the site plan dated 2/26/13 that were removed in the latest version of the site plan;

6.  Removal of the proposed driveway entry, to be relocated to the center of the site in Phase 2 of the project, along with closure of the easternmost existing entry;

7.  Approval of 16’ parking spaces for the rows at the north and south edges of the parking lot;

8.  The parking lot light poles being reduced to a height of twenty (20) feet;

9.  The sidewalk along Owen Road be extended across the driveway;

10.  Review and approval of the storm water management and engineering items by the city’s engineering consultant.

One other condition the Planning Commission may want to include is the lighting. The proposed height of the light poles is 25 feet when a maximum 20 foot height is permitted within 150 feet of a residential district. In addition, manufacturer’s specification sheets must be provided for light fixtures.

Mr. Quaderer gave a brief presentation reiterating most of what Mr. Avantini stated. After much discussion regarding the buffer, setback, and the retention basin, the following motion was made:

Kasper made a motion, supported by Morey, to approve and move to Council, the approximately 10.61 acres, 2525 Owen Road, zoned GBD, General Business District and OSD, Office Service District, based on the above stated recommendations of Mr. Avantini’s letter dated, 3/28/13, along with the added conditions of the light fixtures, and that there will be no additional outdoor speakers be installed. Also, there is to be sound-deafening plantings/scrubs to be placed along Shiawassee where the new fencing will be erected.

MOTION CARRIED (5-0) – Kasper-aye, Smith-aye, Morey-aye, Sprague-aye, Steffey-aye

2.  FENTON FAMILY DENTISTRY – 17197 SILVER PARKWAY

Mr. Michael Beal, President of Construction Design Services, 1109 Fairway Drive, Linden, MI, stated he is representing the applicants, Fenton Family Dentistry. Mr. Beal gave a brief presentation of what renovations are planned for converting the former Peoples State Bank into a dentist office.

Mr. Avantini recommends approval of the site plan, based upon the following items be reviewed and approved administratively:

1.  That the four (4) parking spaces at the former entrance to the drive-through be pulled back to the south and line up with the existing spaces on the south side of the building. A sidewalk must also be added in front the parking spaces and extend to the existing sidewalk on the south side of the building.

2.  The dumpster enclosure be re-oriented or relocated so that it is accessed from the interior of the site and meet the three (3) foot setback requirement.

  1. The landscaping additions identified under items #3 and #5 of his letter submitted 3/19/13.

Morey made a motion, supported by Smith, to approve the site plan administratively based upon Avantini’s recommendations stated above.

MOTION CARRIED (5-0) – Kasper-aye, Smith-aye, Morey-aye, Sprague-aye, Steffey-aye

CALL TO THE AUDIENCE

None.

ADMINISTRATIVE ITEMS

Mr. Hissong stated there is a new buyer for the Joseph Hood property on Silver Parkway, the Boston Gourmet Pizza building permit has been issued and the Fenton Fire Hall construction is moving along. Epic Tool just had their grand opening this past week that went well.

CIB ITEMS

Mr. Avantini stated there has been a slight delay with the retractable roof the Fenton Fire House plans to do. They will be doing it in a phase so they will be able to open on time. He also updated the Planning Commission on the Fenton Wellness Center. The façade for Burger King has been administratively approved and Pizza Hut has also requested a façade remodel.

COMMISSION MEMBER ITEMS

None.

ADJOURNMENT

The meeting was adjourned at 8:50 p.m.

Respectfully submitted by,

Linda Davis

Linda Davis

Recording Secretary