City of Southgate
Planning Commission Meeting
June 14, 2010
This meeting of the Planning Commission was held in the Municipal Council Chambers, 14400 Dix-Toledo Highway, Southgate, Michigan on Monday, June 14, 2010 and called to order by Chairman Charles Dunn at 7:30 p.m.
Present - Patricia Anderson, Joseph Charney, Roger Dittmer, Charles Dunn,
Jeffrey Grelock, Anna Renaud, Elizabeth Ridenour, James Samfilippo
Absent - Rick Lamos*
Also Present - Plan Consultant John L. Enos, Building Inspections Director Bob Casanova, Attorney Joseph Couvreur, City Administrator Brandon Fournier, Councilwoman Karen George, Councilman Phil Rauch
*Excused
Minutes:
Moved by Ridenour, supported by Charney, RESOLVED, that the minutes of the Planning Commission Meeting dated May 10, 2010 be approved as presented. Motion carried unanimously.
New Business:
1. Request from Thomas Gasso, A & G Hospitality, Inc. for extension on Site Plan Approval to develop a Hampton Inn Hotel on property located between Allen Road and Reeck Road, South of I-75, North of Walnut Avenue, and East of Prechter Boulevard.
Moved by Renaud, supported by Samfilippo, RESOLVED, that the Planning Commission hereby grants a one year extension on the Site Plan approved on March 9, 2009, to develop a Hampton Inn & Suites Hotel on property located between Allen Road and Reeck Road, South of I-75, North of Walnut Avenue, and East of Prechter Boulevard, (CUA-06-08C), as requested by Thomas Gasso, A & G Hospitality, Inc. 24170 Sherwood Road, Centerline, Michigan 48015.
Motion carried unanimously.
Public Hearings:
1. Recommendation to City Council regarding Amending of the Codes of the City of Southgate (Zoning Ordinance) Part Twelve, Chapter 1298, Section 1298.18 (j) (1) addressing Temporary Signs.
Consultant Enos referred to his submitted memorandum dated May 26, 2010 relating to Temporary and Portable Sign Amendments. The proposed language will allow for extending the timeframes allowed for temporary signage.
PLANNING COMMISSION MEETING JUNE 14, 2010
There were no questions or comments from the audience. There was no correspondence received by the Clerk’s Office.
Moved by Samfilippo, supported by Anderson, RESOLVED, that the Planning Commission hereby recommends to City Council that the Codes of the City of Southgate (Zoning Ordinance) Part Twelve, Chapter 1298, Section 1298.18 (j) (1) addressing Temporary Signs, be amended as presented by Consultant John Enos, Carlisle/Wortman Associates, Inc. 605 S. Main, Suite 1, Ann Arbor, Michigan 48194, with the following language:
Chapter 1298.18. (j) would be removed and replaced with the following:
(j) Temporary and Portable Signs
(1) In all districts, the Building Official may allow a new business, as part of its start-up phase, to use a one (1) time only temporary sign for up to a forty-five (45) day period. All temporary signs permitted under this provision shall otherwise comply with all requirements pertaining to height and area for the zoning district in which the sign is located.
(2) A permit must be secured from the Building Department and the appropriate fee paid prior to installation.
(3) All portable signs must be on private property and cannot interfere with the vision of pedestrians or traffic.
(4) If a portable sign is to be illuminated, the temporary connection shall meet the equipments of the National Electrical Code. Each Portable illuminated sign shall be protected by a ground fault circuit interrupter. Temporary cord connections to buildings or other means must be approved by the Electrical Inspector prior to energizing the sign. All temporary cords must be a minimum of No. 14 gauge wire.
(5) Within the C-1, C-2 and C-3 Districts, one (1) promotional banner is permitted per premises for duration not to exceed two (2) weeks and no more than six (6) times per year. The temporary promotional banner shall not exceed twenty (20) square feet in area. Neither the height nor the width of a temporary promotional banner shall exceed ten (10) feet. Temporary promotional banners shall not be located in a public right-of-way, must be affixed to the principal building of the business and shall be located and designed to avoid interference with or distraction to vehicular and pedestrian traffic.
(6) All promotional banners which are not properly maintained shall be removed at the order of the Building Official.
(7) All other promotional banners (i.e. streamers, flags, etc.) are strictly prohibited.
(8) This subsection shall not apply to City displays.
Motion carried unanimously.
PLANNING COMMISSION MEETING JUNE 14, 2010
2. Recommendation to City Council regarding Amending of the Codes of the City of Southgate (Zoning Ordinance) Part Twelve, to develop an ordinance to establish guidelines for the Michigan Medical Marijuana Initiative.
Consultant Enos referred to his submitted memorandum dated June 2, 2010 regarding the Michigan Medical Marijuana Act. Based on recent legislation allowing the use of marijuana for certain medical conditions, many communities are reviewing their ordinances to address this potential land use. He has been working with Attorney Couvreur to develop language that would allow the use, but with very strict regulations. The proposed language would allow a medical marijuana facility as a conditional use in the M-1 (Light Industrial District).
There were no questions or comments from the audience. There was no correspondence received by the Clerk’s Office.
Moved by Renaud, supported by Charney, RESOLVED, that the Planning Commission hereby recommends to City Council that the Codes of the City of Southgate (Zoning Ordinance) be amended by adding a Medical Marijuana Facility as a Special Conditional Use in the M-1 Light Industrial District as presented by Consultant John Enos, Carlisle/Wortman Associates, Inc. 605 S. Main, Suite 1, Ann Arbor, Michigan 48194, with the following language:
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF SOUTHGATE BY ADDING A MEDICAL MARIJUANA FACILITY AS A SPECIAL CONDITIONAL USE IN THE M-1 (LIGHT INDUSTRIAL DISTRICT) AND TO PROVIDE A METHOD OF ENFORCEMENT AND PENALTIES FOR VIOLATION OF THIS REGULATION.
(i) Medical Marijuana Facility. No Medical Marijuana Facility, as defined in Chapter 1260.07(b) of this Ordinance, shall not be permitted within 500 feet of:
(1) A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(2) A public or private educational facility, including, but not limited to, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, middle schools, high schools, vocational schools, private schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(3) A boundary of a residential district as defined in the City of Southgate Code of Ordinances;
(4) A public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, golf course, or other similar public land within the city which is under the control, operation, or management of the city park and recreation authorities;
PLANNING COMMISSION MEETING JUNE 14, 2010
(5) A public library;
(6) An area that has been designated as an historic area by the City of Southgate, County of Wayne or State of Michigan;
(7) The property line of a lot devoted to a residential use as defined in the City of Southgate Code of Ordinances; or
(8) An entertainment business which is oriented primarily toward children or family entertainment.
(9) No Medical Marijuana Facility, as defined in Chapter 1260.07(b) of this Ordinance, shall be permitted within 1,000 feet of another medical marijuana facility.
(10) No Medical Marijuana Facility, as defined in Chapter 1260.07(b) of this Ordinance, shall be permitted in the same building, structure, or portion of any other medical marijuana facility.
(11) For the purpose of subsection (i) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a medical marijuana facility is conducted, to the nearest property line of the premises of a use listed in subsection (i). Presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(12) For purposes of subsection (c) of this section, the distance between any two (2) medical marijuana facilities shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each facility is located.
(13) Drive through facilities are prohibited.
(14) Any Medical Marijuana Facility lawfully operating on the effective date of this article, that is in violation of subsection (a) through (g) of this section shall be deemed a nonconforming use which purports to have engaged in the medical use of marijuana either prior to the enactment of the Michigan Medical Marijuana Act, or after enactment of said Act, but without being legally registered with the Michigan Department of Community Health, shall be deemed to not be a legally established use, and therefore, not entitled to legal conforming status under the provisions of this Ordinance and/or state law. The non-conforming use will be permitted to continue for a period not to exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
(15) A Medical Marijuana Facility lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or
PLANNING COMMISSION MEETING JUNE 14, 2010
renewal of the Medical Marijuana Facility license, of a use listed in subsection (i) of this section within 500 feet of the Medical Marijuana Facility. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.
Chapter 1260.07(b) Definitions.
As used in this Chapter:
“Medical Marijuana Facility” means a facility where primary care givers who are legally registered by the Michigan Department of Community Health may lawfully assist qualified patients who are legally registered by the Michigan Department of Community Health for the medical use of marijuana in accordance with the Michigan Marijuana Act as amended. Assistance to qualifying patients does not include the ingestion of marijuana on the premises. A Medical Marijuana Facility does not include an operation which in any way fails to comply with the Michigan Medical Marijuana Act or the rules of the Michigan Department of Community Health, as it may be amended from time to time.
Motion carried unanimously.
Moved by Ridenour, supported by Samfilippo, RESOLVED, that the Planning Commission hereby closes the Public Hearing. Motion carried unanimously.
Officials’ Reports:
Building Inspections Director Casanova reported that Advance Auto Parts is near completion and should be open in a few weeks.
Consultant Enos reported that the BZA requested he look at ordinance language which would stipulate a timeframe as to how long an applicant must wait before coming back to them for a variance. They also requested that he provide ordinance language to allow some flexibility with accessory buildings for those residents who are on larger lots.
Consultant Enos commented this is Commissioner Dittmer’s last meeting and it has been a pleasure to work with him.
Correspondence:
The following correspondence was received and filed:
· Copy of minutes from City Council Work Study Session dated May 19, 2010,
· Copy of minutes from Regular City Council Meetings dated May 5, 2010, & May 19, 2010,
· Copy of minutes from Downtown Development Authority Meeting dated May 20, 2010,
· Copy of Planning & Zoning News Magazine dated May 2010.
PLANNING COMMISSION MEETING JUNE 14, 2010
Old Business:
1. Discussion on request to Conditionally Rezone 2.07 acres of property located at 1 Sonic Drive from M-1 Light Industrial – Research to RO-1 Restricted Office.
Chairman Dunn commented on the request from Celebration Church of Christ to conditionally rezone property located at 1 Sonic Drive. The Commission reviewed a request from them several months ago to rezone this property, but recommended denial of their request to City Council. Since that time, the
Council has sent the request back to the Commission for further review and in the form of a conditional rezoning. Also, the petitioner has acquired power of attorney from the land owner so they do have the authority to petition the rezoning.
Attorney Robert Young, 400 Monroe, Suite 480, Detroit, Michigan, representative for Celebration Church of Christ, gave some background information on the request to rezone this property. They were before the Planning Commission in January 2010. Since then they went before City Council to request the rezoning. At the Council level, there were several concerns raised. They addressed those concerns by amending the rezoning application and adding the following conditions:
1. The applicant will use the existing building and property as a Church.
2. In the event the applicant ceases to use the property as a Church for more than six months, the former zoning classification will be restored.
3. The applicant agrees to pay to the City of Southgate in lieu of any real property taxes, a yearly amount of $5,200.00 payable semi-annually. The first payment will be due on July 1, 2010. This obligation will continue for as long as the applicant owns the property and the Church.
4. The applicant will also agree that after three years of occupancy, the City of Southgate may begin a search for a suitable purchaser for this property. In the event the City obtains an acceptable purchaser for the property, the applicant agrees to sell the same at a fair market price but not less than the current purchase price increased by all improvements made. The purchaser must be a commercial user in the City of Southgate and the sale must occur between three and six years of the date of occupancy of the applicant. The purchase will be in cash. All other terms would be negotiable.
5. The applicant will comply with all existing building and City Codes and Ordinances.