REGULAR MEETING OF THE PLANNING COMMISSION Dearborn, Michigan. December 7, 2015

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1 REGULAR MEETING OF THE PLANNING COMMISSION Dearborn, Michigan December 7, 2015 The regular meeting was called to order at 7:03 p.m. by Chairperson Siwik. Upon roll call, the following members were present: (7) (Commissioners, Al Rayashi, Charter, Sickle, Siwik, Skora, Watts, and Zalewski). Absent: (0). Also present were Licia Yangouyian, Assistant Corporation Counsel; Adrianna Jordan, Senior Planner; and interested citizens. Chairperson Siwik announced that Item I.1 on the agenda is consideration to approve the minutes from the October 12, 2015 meeting. A motion was made by Vice-Chairperson Zalewski, supported by Commissioner Watts, to approve the October 12, 2015 minutes as submitted. Upon roll call the following vote was taken: Ayes: (7) (Commissioners, Al Rayashi, Charter, Sickle, Siwik, Skora, Watts, and Zalewski). Absent: (0). The motion was adopted. Chairperson Siwik announced that Item I.2 on the agenda is consideration to approve the minutes for the November 9, 2015 meeting. A motion was made by Commissioner Al Rayashi, supported by Commissioner Charter, to approve the November 9, 2015 minutes as submitted. Upon roll call the following vote was taken: Ayes: (7) (Commissioners, Al Rayashi, Charter, Sickle, Siwik, Skora, Watts, and Zalewski). Absent: (0). The motion was adopted. Chairperson Siwik announced that Item II.1 on the agenda has been postponed, based on the Petitioner s request. This item was the consideration of the request of the Islamic Institute of Knowledge, to review and approve a lot split and combination for the properties located at 6325 and 6345 Schaefer Road, part of the Southeast ¼ of Section 7, Town 2 South, Range 11 East (Parcels # and respectively). The properties are zoned Business B (Community Business District) zoning classification. The properties are located west of Schaefer and south of Haggerty Avenue. Chairperson Siwik announced that Item III.1 on the agenda is reconsideration of the request of Dr. Hussein Abdul-Hak, to review and approve the Special Land Use and site plan for Adonis, an existing smoking lounge at 4853 Schaefer Road currently zoned Business C (General Business District) zoning classification. The property is located west of Schaefer Road, between Colson and Michigan Avenue.

2 Senior Planner Adrianna Jordan stated that this case involves a request to obtain Special Land Use approval for a pre-existing 8,086 square foot smoking lounge at 4853 Schaefer (Parcel No ). The request is before the Planning Commission due to special regulations that require smoking lounges to obtain a smoking lounge business license. The property is currently zoned Business C (General Business District). Smoking lounges are permitted in the Business C (General Business District) subject to Special Land Use approval. On September 14 th, 2015, the Planning Commission denied the applicant s request for a Special Land Use for a smoking lounge. The reasons for denial included: violations of City codes, questions concerning the record of ownership and the licensing records, and proximity within 700 (40 away from a school and 253 away from a park) of the smoking lounge to a park and a school. On November 9, 2015, the Planning Commission voted to reconsider the previously denied request at its December 7, 2015 Planning Commission meeting. An updated site plan that is different from the one dated September 8, 2015 was electronically sent two hours before the meeting and Senior Planner Adrianna Jordan was not able to review it in detail. The proposed Special Land Use is consistent with the Master Plan. Recommended conditions pertaining to approval were noted in the staff reports submitted in August and September concerning this request. Dr. Abdul-Hak stated that the site plan submitted on December 7, 2015 is a revised version that relocates the smoking area and kitchen. Commissioner Sickle asked if the food license will stay with the business. Dr. Abdul-Hak stated that the food license will only be applicable to the restaurant portion of Adonis. The restaurant and smoking lounge have different addresses. Chairperson Siwik stated that the site plan which was submitted today does not comply with the Zoning Ordinance. There is not adequate separation of the dining, kitchen, and smoking areas. The locations of the doors on the previous site plan were acceptable to the Planning Commission and provided adequate separation. However, they were removed from the site plan submitted today. Chairperson Siwik explained that the vestibule is not allowable under the City s code and must be replaced with a wall. Senior Planner Adrianna Jordan stated that the main concern with the site plan submitted on December 7, 2015 is that the vestibule entrance allows interior access between the smoking lounge and restaurant without going outside the building. In addition, there are two service doors along the west side of the building between the kitchen and smoking lounge area that have been relocated so that they are immediately adjacent to each other. The wait staff for the smoking lounge cannot facilitate the serving of food so there is no reason to place the entrances so close to each other. On the site plan submitted on December 7, 2015, the dining room has been relocated to where the smoking lounge was previously located.

3 Due to the late submittal of the revised site plan on December 7, 2015, Senior Planner Adrianna Jordan did not have an opportunity to adequately review the revised site plan. Dr. Abdul-Hak stated that he would be satisfied if the site plan without the vestibule entrance that was submitted on September 8, 2015 was approved instead of the one submitted on December 7, His main concern is obtaining the Special Land Use as soon as possible because of the deadline to obtain approval before December 31, Commissioner Charter stated that she is more comfortable with the September 8, 2015 site plan that is included in the packet and suggested that the Planning Commission could approve that site plan instead of the one submitted a couple hours ago. Secretary Skora asked why the site plan was drastically changed at the last minute. Dr. Abdul-Hak explained that the changes occurred due to complications with the escrowed liquor license and the three addresses associated with Adonis. He explained that a bigger restaurant area is preferable, as opposed to a bigger smoking lounge area. That is why the two areas were switched on the site plan submitted on December 7, Assistant Corporation Counsel Licia Yangouyian stated that the Planning Commission may approve a site plan with conditions and delegate authority to the City Planner to review and approve a revised site plan on the commission s behalf after required conditions have been addressed; however, if a variance is required the site plan must go before the Zoning Board of Appeals. Commissioner Watts asked Dr. Abdul-Hak if he would like the Planning Commission to consider the site plan dated on September 8, 2015 with possible conditions, and delegate authority to the Senior Planner rather than considering the site plan submitted on December 7, Dr. Abdul-Hak stated that he would like the Planning Commission to consider the site plan dated September 8, Senior Planner Adrianna Jordan stated that if the existing configuration of the dining area and smoking lounge on the site plan dated September 8, 2015 is reversed, the parking requirements may have to be recalculated due to a change in the configuration of the site plan. A motion was made by Vice-Chairperson Zalewski, supported by Commissioner Watts, to approve with conditions the request of Dr. Hussein Abdul-Hak, for the Special Land Use and the site plan dated September 8, 2015 for Adonis, an existing smoking lounge at 4853 Schaefer Road currently zoned Business C (General Business District) zoning classification. The property is located west of Schaefer Road, between Colson and Michigan Avenue. The approval is based on reversing the location of the section labeled dining area and the section labeled smoking lounge ; all possible access points between the smoking lounge and dining and kitchen areas be sealed off; and permitting the opening of a door from the kitchen area to the dining area. Final approval shall be delegated and subject to the Senior Planner, Adrianna Jordan. Upon roll call

4 the following vote was taken: Ayes: (7) (Commissioners, Al Rayashi, Charter, Sickle, Siwik, Skora, Watts, and Zalewski). Absent: (0). The motion was adopted. Chairperson Siwik announced that Item III.2 on the agenda is consideration of the request of Professional Contracting & Consulting, to review and approve the Special Land Use and site plan for a truck storage facility at Tractor Street (Parcel # ), located in Clippert Brick Company s Subdivision No.1, and currently zoned Industrial B (Medium Industrial District) zoning classification. The property is located east of Wyoming Avenue and north of Eagle Street. Senior Planner Adrianna Jordan stated that this case involves a request to legalize an existing unpermitted truck storage facility located at Tractor Street (Parcel # ). The subject property is a 3.27-acre site recently rezoned by City Council on July 21, 2015, with the petitioner s self-imposed conditions, from Industrial A (Light Industrial District) to Industrial B (Medium Industrial District). Terminal and transfer facilities including truck storage, material storage, shipping containers, and repair and service facilities are permitted in the Industrial B (Medium Industrial District) subject to Special Land Use approval. The selfimposed conditions of the rezoning include limiting the hours of operation to 7 a.m. to 10 p.m. Monday through Friday, and requiring the construction of an 8 high screening fence composed of Simtek or an equivalent quality soundproofing modular material by November 1, The deadline for construction of the fence contemplated that the applicant would come before the Planning Commission for Special Land Use approval in October. However, due to issues with unpaid taxes, the applicant was unable to submit its application in time to appear on the October Planning Commission agenda. Historically, the subject property was the site of single-family homes until the mid-1960s when the City bought the homes and began converting the area from residential uses to industrial uses. Once all the homes were demolished, the site languished, undeveloped for approximately 50 years, until Lions Trucking purchased it and began using it for unpermitted truck storage. On November 9, 2015 the item was before the Planning Commission which voted to table the item due to incomplete site plan information. On November 30, 2015 the applicant submitted revised site plans. Due to the potential for storm water run-off issues, it was recommended that Special Land Use approval be conditioned on City Engineer approval of a storm-water control plan for the subject property. The November 30 site plan was revised to change the curbed lawn areas to bio-swales to increase containment of the storm water onsite. It is recommended that the site plan be further revised to clearly mark the light fixture locations on the drawing. In addition, per Section 2.12 of the Zoning Ordinance, lighting within the site shall contain an average of a minimum 1- foot (with only 0.5 foot-candles at the property line). The revised photometric plan shows an excessive amount of light along the property line with almost every measurement exceeding 0.5 foot-candles. Although the applicants have not been using the property in accordance with applicable code provisions, the applicant has recently made efforts to clean-up and legalize his truck storage operation. The approval of this Special Land Use will allow for a development on the property and return it to the tax roll. Therefore, based upon facts and analysis, staff recommends approval with conditions, the Special Land Use and site plan for a truck storage facility at Tractor Street.

5 Dr. Tarek Najib, representing the owner from Professional Contracting & Consulting stated that the outstanding issues have been addressed. The major concern was the requirement of a concrete paved parking lot instead of asphalt due to the economic impact. Deep-strength asphalt was recommended as a possible alternative to concrete, and the owner has agreed to utilize that material. According to Dr. Najib, all of the issues have been resolved and the petitioner wishes to obtain Special Land Use approval. Commissioner Al Rayashi stated that the site used to be a junk yard years ago, and thinks this is a good project. A motion was made by Commissioner Charter, supported by Commissioner Al Rayashi, to approve with conditions the request of Professional Contracting & Consulting, for the Special Land Use and site plan for a truck storage facility at Tractor Street (Parcel # ), located in Clippert Brick Company s Subdivision No.1, currently zoned Industrial B (Medium Industrial District) zoning classification. The property is located east of Wyoming Avenue and north of Eagle Street. The approval is conditioned upon restricting hours of operation from 7 a.m. to 10 p.m. Monday through Friday, the construction of an 8 high Simtek fence, revising the photometric plan to comply with the foot-candle requirements of the Zoning Ordinance, and the City Engineer s approval of a storm water control plan. Upon roll call the following vote was taken: Ayes (7) (Commissioners Al Rayashi, Charter, Sickle, Siwik, Skora, Watts, and Zalewski). Nays (0). Absent (0). The motion was adopted. Chairperson Siwik announced that Item III.3 on the agenda is consideration of the request of Ali Saad, to review and approve the Special Land Use and site plan for a new single family home on combined lots C and D of Morley, the east 205 ft. of Lot 121 Detroit Arsenal Grounds, zoned Residential C (Multiple Family Residential District) zoning classification. The property is located at the northwest corner of Morley and Monroe. Senior Planner Adrianna Jordan stated that this case involves a request to locate a 4,296 square foot single-family home on combined lots C and D located at Morley Avenue (Parcel No ). The property is currently zoned Residential C (Multiple Family Residential District). The property was previously the site of the First Church of Christ, Scientist. On April 13, 2015 the Planning Commission approved a quadruple lot split for the subject property (Case 15-11) to allow for the development of single-family homes using the development standards for the Residential B (One Family Residential District). The approval was conditioned on the following: Parcel D will need to have sewer access provided by the owner of the property, at the property owner s expense. On August 10, 2015, the Planning Commission approved a Special Land Use for four single-family homes on lots A, B, C, and D. The approval was conditioned on using the same site plan layout for all four lots. Any changes to the site plan, such as this applicant s request to combine lots C and D, would require additional Special Land Use approval by the Planning Commission. Based upon facts and analysis, staff recommends approval with conditions of the Special Land Use for the proposed single-family residence on Lots C and D at Morley Avenue.

6 Kathy Hatch, 721 Wagner Court, lives around the corner from the proposed home and is concerned that the home is going to look like the Taj Mahal compared to smaller homes in the neighborhood. Chairperson Siwik stated that the home is out of character in relation to the neighborhood. Most of the homes on Morley Street are from the 1920s and predate the City of Dearborn. The City is trying to maintain the character of the neighborhood. Commissioner Al Rayashi asked if a compatibility review would be triggered as part of the permit review process. Senior Planner Adrianna Jordan clarified that no compatibility review is triggered because it does not fall within the geographic area for compatibility reviews. Chairperson Siwik stated that the Planning Commission always considers the compatibility of a home with other homes across the street and on both sides. Ali Saad of Morley stated that his intent is not to intimidate the other homes, but to simply build a home for his family. He stated that he has conformed to all the City s restrictions. The homes that are going be constructed on the lots next door are going to look very similar. The proposed home meets the height and setback requirements while improving a vacant lot. Bob Hatch, 721 Wagner Court, is concerned that the house appears too modern and will stand out in the old neighborhood. Commissioner Al Rayashi asked if there are any methods to regulate the aesthetics of residential properties. Senior Planner Adrianna Jordan stated that according to Section 2.05 of the Zoning Ordinance she cannot conduct a compatibility review unless there are valid deed restrictions for the subdivision in question, or a dimensional variance is needed. Commissioner Watts asked how property values of adjacent homes will be impacted. Senior Planner Adrianna Jordan stated that an appraisal of a home s property value would likely involve selecting homes as comparables that have a similar square footage and age, and that those comparables may not come from the immediate vicinity of the subject property especially if homes in the immediate vicinity are larger and newer than the home being appraised. Commissioner Al Rayashi stated that the City cannot tell residents what kind of house they can or cannot build if the property has no deed restrictions or historic designation. Secretary Skora stated that on August 10, 2015, the Planning Commission approved the same site plan for Lots A, B, C, and D and she would like to be consistent and stick with that approval.

7 Chairperson Siwik reiterated that the City of Dearborn must do its job to protect the historic nature and character of these neighborhoods. Commissioner Watts stated that the Zoning Ordinance does not currently provide a mechanism to review the compatibility of the site plan with the surrounding neighborhood. A motion was made by Commissioner Al Rayashi, supported by Commissioner Sickle, to approve the request of Ali Saad, for the Special Land Use and site plan for a new single family home on combined lots C and D of Morley, the east 205 ft. of Lot 121 Detroit Arsenal Grounds, zoned Residential C (Multiple Family Residential District) zoning classification. The property is located at the northwest corner of Morley and Monroe. Upon roll call the following vote was taken: Ayes (5) (Commissioners Al Rayashi, Charter, Sickle, Watts, and Zalewski). Nays (2) (Commissioners Siwik and Skora). Absent (0). The motion was adopted. A motion was made by Commissioner Al Rayashi supported by Commissioner Watts, to adjourn the meeting. Upon roll call the following vote was taken: Ayes (7) (Commissioners Charter, Al Rayashi, Sickle, Siwik, Skora, Watts, and Zalewski). Nays (0). Absent (0). The motion was adopted. The meeting was adjourned at 9:22 p.m.

REGULAR MEETING OF THE PLANNING COMMISSION Dearborn, Michigan. July 11, 2016

REGULAR MEETING OF THE PLANNING COMMISSION Dearborn, Michigan July 11, 2016 The regular meeting was called to order at 7:01 p.m. by Chairperson Siwik. Upon roll call, the following members were present: