MINUTES OF THE MEETING OF THE PLANNING COMMISSION,
WHICH TOOK PLACE ON
COUNCIL CHAMBERS,
1. Roll Call
PRESENT: Eyre,
Gaynor, Jocks, Kozakiewicz, Mead, Rapanos, and Senesac
ABSENT: Svenson
OTHERS PRESENT: Daryl Poprave, City Planner; Cheri
Standfest, Community Development Specialist; and 11 others.
Introduction
of the new Planner Commissioner, Jim Jocks, he just recently retired from Dow
Corning after 33 years. He joined the Planning Commission to provide
service to the
community and
because he thought planning would be an interesting topic.
2. Approval
of Minutes
Regular Meeting of
It was moved by Mead and supported by Eyre to approve the minutes of
September 13th. The minutes were unanimously approved.
3. Public
Hearings
Zoning Petition No. 524 – Consideration of a petition initiated by Nicolaos Rapanos and
the
City of
Agriculture
zoning to Regional Commercial zoning.
[See transcript.]
Steve Rapanos requested to be
allowed to abstain from this public hearing, as the petitioner
is his uncle. Motion by Eyre, seconded by Mead to allow
Steve Rapanos to abstain
from this deliberation as the petitioner
is his uncle. Motion passed unanimously.
4. Public Comments (not
related to agenda items)
None
5. Old Business
Hours
of Operation Restrictions – Consideration of a petition
initiated by the
Commission to expand hours of
operation by businesses located in the Neighborhood
Commercial zoning districts
from
day
basis.
They had one new commissioner that
was not present at the public hearing.
Mr. Senesac
requested that Mr. Jocks be allowed to
abstain from discussion of this item.
Motion by
Mr. Mead, seconded
by Kozakiewicz, to allow Mr. Jocks to abstain from voting on this item.
Mr. Poprave reviewed the petition stating that the City
Council specifically asked the
There were two positions that needed to be taken. The two narrow issues are (1) should the 7-11
be allowed to operate on a 24-hour per day basis, 365 days per year, and (2)
should hours of operation be placed upon the land uses within the Neighborhood
Commercial district? It is the city
attorney’s job to figure out what the hours should be and how it will be
defensible.
Pete Poznak,
Chairman Senesac suggested they first discuss whether or not
there should be hours of restriction in the Neighborhood Commercial
district.
Mr. Gaynor suggested that they recommend limited hours of
operation in Neighborhood Commercial districts.
They heard from many residents of the community that this is desirable.
Mr. Kozakiewicz disagreed.
The zones are put there to house certain types of businesses. This one was created for a reason – to allow
businesses to be there. On that basis,
it is a commercial zone, they should be allowed to
operate a business.
Mr. Eyre agreed with Mr. Gaynor. Neighborhood Commercial is not set up for
24-hour operation. There is no reason
for them to operate 24 hours per day.
These are small neighborhood businesses.
This is what the Neighborhood Commercial zoning districts were designed
for. You have residential right on the
next lot. It is difficult to control
people who come and go, especially at all hours of the night.
Mr. Mead agreed with Mr. Kozakiewicz. These zones were set up to do business. In today’s world, lots of things are open 24
hours per day. I do not find this to be
a big issue to the neighborhood. I think
we do need to be sensitive to problems, however. If their business fits into the Neighborhood
Commercial, he thinks that the restrictions should be kept away.
Mr. Rapanos agreed with Dan and Roger. If we are referring to Council, let’s not be
restrictive. Let’s say to the Council
that “it’s your responsibility to place those restrictions”. It is not the Planning Commission’s
responsibility to determine if 7-11 is a nuisance or not. While he might not ultimately agree, as a
part of the process, he feels we should leave it open-ended.
Mr. Senesac stated that we have different zoning
classifications for commercial. The
districts are generally categorized according to intensity, ranges of
activities, and it would be much more disruptive for Regional Commercial
businesses to be located in neighborhood areas.
Neighborhood Commercial businesses are meant to fit into the
neighborhoods and be more “convenience” type of operations. These stores are frequently next door to a
home. In any case, they will be in
neighborhood areas. If we have unlimited
24-hour operation from any business that is allowed to be there, I think you
can get into very disruptive activities taking place throughout the night. People may not be noisy but you will have
doors slamming, people talking, etc, and so he feels we should have restrictions. It should be a rare occasion that businesses
would be allowed to be open 24 hours per day.
We had one business owner speak two weeks ago and say that he also felt
that businesses in Neighborhood Commercial should not be open 24-hours per day.
It was moved by Eyre and seconded by Gaynor to restrict the
hours of neighborhood commercial.
The vote proceeded as follows:
YEA: Eyre,
Gaynor and Senesac
NAY: Kozakiewicz,
Mead and Rapanos
ABSENT: Svenson
Mr. Rapanos stated he believes Mr. Poznak
made some very valid points. He does not
think we should restrict businesses unless it is absolutely necessary.
Mr. Eyre said that if you look back to the 1980 court
hearing, the limited hours were put into place due to disruptive behavior. In 2004, they had four police
complaints. In 2005, they had seven
complaints. He does not feel there is a
need for that store to be open 24 hours per day. They have that from September through June.
Mr. Kozakiewicz agrees with Steve – he does not feel there
should be restrictions. These zones were
created for specific reasons. If there
are issues, they should be dealt with on an individual basis.
Mr. Mead – Bill mentioned that in 2005, there have been
seven complaints at 7-11. It just seems
like the owners of the 7-11 need to be sensitive to these issues and they could
deal with the issues. He feels the
24-hour operation, 12 months of the year is O.K.
Mr. Gaynor stated that this owner seems like they care. However, as one of the individuals stated
last week, that owner could change tomorrow.
It is quite clear that the community does not want 24-hour operation in
their back yard. I personally would
agree with that. He would support
earlier operation, but to recommend 24-hour operation, resulting in late night
activities in a residential district would not be the correct thing to do.
Mr. Senesac stated that what he said before is applicable to
this one. The neighbors should not have
to deal with the noise that naturally goes on with 24-hour operation.
It was moved by Rapanos and seconded by Kozakiewicz to
approve the operation of the 7-11 store on the corner of Sugnet and Jefferson
to be open 24-hours per day, 12 months of the year.
The vote proceeded as followings:
YEA: Kozakiewicz,
Mead and Rapanos
NAY: Eyre,
Gaynor and Senesac
ABSENT: Svenson
6. New Business
None
7. Communications
Planning
& Zoning News was distributed.
8. Report
of the Chairman
Three commissioners attended the annual planning conference
this year. Bill went to the Citizen Planner
training. He felt it was an excellent
program. Steve Rapanos went to a preview
of conditional zoning and found it very interesting. He feels this will be an important tool in
the future.
9.
Report of the
October 10th
PUBLIC
HEARINGS
ACTION
ITEMS
§
Receive
§ Preliminary Plat Extension – Broadhead Estates
October 24th
PUBLIC
HEARINGS
None
ACTION
ITEMS
§
Rezoning, Zoning Petition No. 524 – Consideration
of a petition initiated by Nicolaos Rapanos and the City of
October 11th
PUBLIC
HEARINGS
§
Preliminary Plat, Trotter’s Pointe –
Consideration of a petition initiated by Bartow & King Engineer’s for
approval of a 20 lot residential subdivision on approximately 5.84 acres
located south of
§
Planned Unit Development, Barstow Woods –
Consideration of a petition initiated by John Rapanos for approval of a planned
unit development consisting of 5 residential duplex structures on approximately
1.59 acres located at 400 &
ACTION
ITEMS
Rezoning, Zoning
Petition No. 524 – Consideration of a petition initiated by Nicolaos
Rapanos and the City of
October 25th
PUBLIC
HEARINGS
None
ACTION
ITEMS
§
Preliminary Plat, Trotter’s Pointe –
Consideration of a petition initiated by Bartow & King Engineer’s for approval
of a 20 lot residential subdivision on approximately 5.84 acres located south
of
§
Planned Unit Development, Barstow Woods –
Consideration of a petition initiated by John Rapanos for approval of a planned
unit development consisting of 5 residential duplex structures on approximately
1.59 acres located at 400 &
September 20th
§
05-15 - Subway for an area/dimension variance to
permit an additional wall sign on the Wal-Mart store near the food center
entrance at
§
05-16 – Lapham’s
Flowers for an extension of a previously approved temporary permit at
§
05-17 – Mark Kohtz for
an area/dimension variance to permit a 6 foot tall
privacy fence to exist in the side yard setback at
§
05-18 – Fifth Third Bank for an area/dimension
variance to permit four (4) signs on an ATM machine located at
None
Interviews of
firms responding to the City’s RFP for services to update the master plan are scheduled
for October 14th. The
preparation meeting is scheduled for
10. Adjourn
Adjournment at approximately
Respectfully submitted,
Daryl Poprave
City Planner
MINUTES