May 26, 2015 Planning Commission 6:30 p.m. Public Hearing & Special Meeting

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1 Meeting was called to order by Vice Chair Shoemaker at 6:30 p.m. Pledge of Allegiance Roll Call: Ray Kirkus, Pat Fisher, Ralph Hullet, Pat Vaughn, Tony Maxson, Larry Bernstein, and Rich Shoemaker Excused absent: None Staff: City Manager Rob Anderson, Code Enforcement Officer Ed Carpenter, and Recording Secretary Christin Rice Motion by Vice Chair Shoemaker, seconded by Member Maxson to approve the agenda, unanimous. Site Plan Review for Casey s Restaurant Robert Athey; Request is to move the existing patio bar (with 13 seats) into the existing block building. This pertains to the following: Article 19 Site Plan Review Section 19-2 Uses Requiring Site Plan Review; the property tax code for this is: with an address of 136 N. Whittaker, New Buffalo, MI Public Comments opened at 6:32 Rudy Monkewich Expressed concern on the issue of noise. According to a special use that was issued in 1995, there was or is to be no live outside entertainment. He hoped that this was still in effect. He also asked if the Liquor Commission had notification on this. Public Comment closed at 6:40 p.m. Requester presentation: 1. Applicant presentation: a. Mr. Athey stated that he would like to expand and relocate the existing bar inside the structure and change the exterior. A Permit was issued in 1995 and was not aware of any issues in the past. 2. Discussion Planning Commission: a. Member Bernstein Asked if this would be an inside bar Mr. Athey stated that it would be 3 seasons and closed in the winter. b. Member Kirkus Asked if the building is a conforming use, he noted the change of location and that the applicant would be losing some seating capacity, Asked if the Health Department had approved this for use. c. Member Vaughn Asked if this would this would be moved inside building. Stated the Health Department might have concerns with water and sewer issues, and asked if they made any recommendations on the equipment required. d. Member Hullet Stated that he thought this was a positive move for the business. 3. Code Enforcement Officer report Ed Carpenter a. Mr. Carpenter stated he had had no issues with this 4. Zoning Administrator report Rob Anderson a. City Manager Anderson stated that it appears to meet all necessary requirements and that he saw no administrative issues or problems with this request. Motion by Vice Chair Shoemaker, seconded by Member Hullet, to adjourn the Public Hearing at 7:20 p.m., unanimous. Page 1

2 Planning Commission discussed: 1. Member Fisher No further questions 2. Member Kirkus No problem with approving this this. 3. Vice Chair Shoemaker No additional comments 4. Member Hullet No problems with this and that the changes are beneficial as long as noise is kept down. 5. Member Maxson No additional comments 6. Member Bernstein No additional comments 7. Member Vaughn No additional comments Motion by Member Kirkus, seconded by Hullet to approve the Site Plan Review for Casey s Restaurant Robert Athey; to move the existing patio bar (with 13 seats) into the existing block building. This pertains to the following: Article 19 Site Plan Review Section 19-2 Uses Requiring Site Plan Review; the property tax code for this is: with an address of 136 N. Whittaker, New Buffalo, MI 49117, Unanimous Voice Vote: Member Fisher yes Member Kirkus yes Member Bernstein yes Member Vaughn yes Member Hullet yes Member Maxson yes Vice Chair Shoemaker - yes Unanimous Site Plan Review and Special Land Use for the South Whittaker Park Anthony Moss/Danesi Properties LLP. The applicant is requesting a site plan approval for 2000 sq. ft. single story Café/Coffee house with outdoor seating. Plan to include an existing 900 sq. ft. single story retail building. This pertains to the following: Article 19 Site Plan Review and Article 10 Central Business District #19 Restaurants, Café s, Coffee Shops and ice cream shops permitted by right and #20 Outdoor Seating/Service by Special Use; The property tax code(s) for this are: with an address of 116 S. Whittaker and with an address of 126 S. Whittaker, New Buffalo, MI Public Comments: Open at 7:30 Recording Secretary Rice read letters that had been received from concerned residents. Nancy Smith Stated that New Buffalo has made both good and bad decisions and had some less than successful stories where developers have left properties deteriorated and not taken care of. The Danesi family s history is a good one. Their restaurant, The Stray Dog, was rebuilt after fire and is running successfully. It is time to continue good decisions. The Danesi family takes care of their properties. Good businesses owners should be supported. This is a good addition to the City of New Buffalo and they have a great development team. Page 2

3 Ann Marie D Anza Stated that she was representing her father Sam D Anza of 21 W. Michigan street, New Buffalo. She stated that they are concerned with parking in the area for a restaurant. The Home Health Care operating in the area has also had issues with parking and the walking traffic. Her elderly father is living in this area. Also expressed concerns with outdoor seating and its placement, hours of operation, privacy and noise barriers. This is a huge change of the area for the residential neighbors. Kurt Schrader Stated that he is a resident at 127 S. Whittaker St., New Buffalo, just opposite of proposed building site. In listening to letters and concerns presented some points stood out; those being the hours of operation and the outdoor seating. These seem to be of most interest for residents in the area. Mr. Danesi has been forthright in the ownership of his properties. The removal of Hannah s is not an issue in this approval. He is supportive of Mr. Danesi and what his companies have done for this area. He suggested that Site Plans should have been available so that they could have been viewed for the public and the benefit of the residents. The Planning Commission needs to be concerned with the valuation of businesses in the downtown area. Traffic speeds also do not apply but should be addressed. Parking should be addressed on Whittaker Street. The Professionalism being shown here and added his support of the project. Diane Pyshos Stated that she is a 10 year resident of New Buffalo. This is a great financial investment by the business owners. There are lots of land vacancies in the area and some property flipping is occurring. She stated that attitude of being a non-welcoming community for a business is appalling. The community should be aware of the way we are treating new business owners. Expressed concerns that the Site Plan was not posted on-line. She stated that she has no conflict of interest, as she was previously accused of. Encouraged the Planning Commission to develop a positive, forward moving, attitude for new business so the community can move forward. Martin Dzuris Stated that as a business owner, he wanted to make sure that his view is heard. No one has the right to tell anyone what they should do as long as they meet the ordinances or rules and regulations. The Danesi s have established a relationship with the city already and the label for Starbucks should not be an issue in approving this. Telling people what to do and how to do it; no one has that right. This is a tourist town and we need to attract people to the City. Anthony Moss Addressed the issue of outdoor seating and the 10 landscape buffer requirement. Member Kirkus Expressed concerns about the sound barrier requirements. Attorney Sally Taylor Commented on the Master Plan and Zoning Ordinance embracing the intent of the Central Business District. It allows the draw and use of Whittaker Street and the enjoyment of the corridor on both sides of the stop light. Close Public Comment 8:03 p.m. Requester presentation: Mr. Anthony Moss Moss Design and Attorney Sally Taylor presented on behalf of the applicants: Mr. Moss stated that this is a permitted use by right. The outdoor seating service requires special use. The Danesi s have spent lot of time into this to make it esthetically pleasing. The hope is that this will drive traffic and pedestrians to this part of the town and promote its development. Page 3

4 Planning Commission Discussion: 1. Member Kirkus Stated that there is no name on this application, asked if it is going to be a Starbucks. Asked about water and Drainage and the mitigating rain water. Mr. Moss stated that he talked with City engineer from NIES. He has submitted an application and are seeking his approval. Not tapping into 300 ft. available, not servicing the building well. Serving alcohol. 2. Member Bernstein Discussed the existing retail space 3. Member Shoemaker Concerns related to parking on site and on the street gravel area, 24 spaces onsite, 7 more in front for service to patrons. Expressed concerns on the gravel parking washing away and ways to stop the erosion 4. Member Fisher Stated that there are 2 bike lanes, hike and bike trails. IT would be good to remind customers of the bike trail. Discussed traffic studies incorporated, global specific use not mentioned and hours of operation. Handicapped parking, signage, bike racks, moped parking provisions, landscaping being natural to New Buffalo. Stated he was concerned about this fitting in to the new Master Plan. Code Enforcement Officer Report Ed Carpenter 1. Stated that the first set of plans was revised to meet compliance. Planning Commission is not approving the plan, but approving the submission of the information. This request meets the requirements. Zoning Administrator report Rob Anderson 1. City Manager Anderson addressed the concerns on the availability of the site plan. The intent is to make the information readily available to anyone who requests. It may not be beneficial to look online if the documents are not readable. He stated that he will look into improving communications for future Special Land Uses and Site Plan Reviews. Vice Chair Shoemaker adjourned the Public Hearing at 8:41 p.m. Planning Commission discussed: 8. Member Fisher Expressed his concerns on approval with new Master Plan being developed. 9. Member Kirkus The planning Commission s job is to administer the ordinance, and not make decisions on feeling. Every requirement has to be satisfied. He believed this request went above and beyond the requirements. Expressed concerns on the noise and parking but supported its approval. The Planning Commission must go by existing Master Plan. This area was included in 2013 to be a part of Central Business District and allows for this use. 10. Member Shoemaker Stated his concern was mainly for the Gravel parking area. 11. Member Hullet Stated that he felt the Danesi s did due diligence in this request and expressed concerns about serving alcohol. 12. Member Maxson Supported the approval 13. Member Bernstein Supported the approval stated that this would be an asset to Whittaker Street 14. Member Vaughn Supports the approval and hoped it will be a Starbucks. Motion by Kirkus, seconded by shoemaker to approve the Site Plan Review and special Land use with condition that street parking will be paved with marked parking stripes. Unanimous Voice Vote: Member Fisher yes Page 4

5 Member Kirkus yes Member Bernstein yes Member Vaughn yes Member Hullet yes Member Maxson yes Member Shoemaker - yes Unanimous Adjournment Motion by Member Kirkus, seconded by Member Shoemaker to adjourn at 8:50 p.m.; unanimous. Rich Shoemaker, Vice Chair Christin Rice, Recording Secretary Page 5