Welcome to the City of Warren Planning Commission meeting.
It is July 8th, 2024.
Please stand for the P
of Allegiance. I pledge allegiance
To the flag of the United States of America,
and to the republic, which is stands, one nation under God,
indivisible, with liberty and justice for all.
Roll call. Commissioner Childry
Present. Commissioner
Robinson. Present. Commissioner,
answer, present.
Commissioner Maurice Present. Commissioner Beki.
Commissioner Smith.
Present. You need a motion to excuse Commissioner Beki.
Motion to excuse Support.
There's a motion by Commissioner Robinson.
Support by Commissioner Childry. Roll call Commissioner
Childry.
Yes. Commissioner Robinson? Yes. Commissioner Ansar? Yes.
Commissioner more votes? Yes. Commissioner Smith?
Yes. Excuse Commissioner Beki.
Uh, approval number,
item number four, approval of the agenda.
Motion to approve Robinson
Support Commissioner Chori.
There was a motion by Commissioner Robinson,
supported by Commissioner c Childry.
All in favor? Aye. Aye. Any opposed?
Approval of the minutes of June 24th, 24.
Approval of the minutes. Commissioner Childry
support Robinson.
That was a motion by Commissioner Childry.
Support by Commissioner Robinson. All in favor? Aye. Aye.
Aye. Any opposed?
Public, uh, elected to recognize our ex officio, uh,
Commissioner, Not commissioner.
Councilman Newan. Thank,
Uh, another meeting tonight.
She won.
Okay. Thank you. Thank you. I'm glad you made it. Thank
You.
Um, public hearing item six six, A
Public hearing Item six, A request
for a public alley vacation utility easement
vacate the north half of the existing north slash south 18
feet alley on the rear lot.
10, 11, 12 and 1 45
of reverse garden subdivision located south of Jackson,
approximately 154 feet west of Van D**e.
Section 33 2 0 8 4 3.
Van D**e Avenue, FMHH Inc.
Hussein Herrara, PAV 2 4 0 0 0 1.
This was postponed from June 10th, 2024.
Petitioner request that this item
remain postponed indefinitely.
Thank you, ma'am. Secretary,
I know the petitioner's here this evening,
so I want to have her come up.
Parking. Miss. Good evening, Ms.
Birdie. Good evening. Karen
Birdie on behalf of the petitioner,
How are you this evening?
Pardon Me? How are you this evening? Very
Good, thank you.
Okay. This was supposed to be postponed indefinitely.
Um, I know there's probably been some issues with it
and we talked about maybe trying to have a, a certain date
that we can at least put our finger on.
Yes, sir. To, uh, postpone it to
so it's just not floating out there.
Yep. Keep adding it through and adding it. Yeah.
So do you have a date that you'd like to postpone it to?
Yes. I'm asking for October 7th, 2024.
And the reason I'm asking for that far out is the,
uh, easement actually has a, um,
water pipe running through it,
and my client has met with the chief engineer, Ms.
Gaspers, if I'm saying her name properly
and is reviewing what alternatives are available.
And then he's gonna review, if you will, um,
what those costs are
and make a business decision on whether or not to proceed.
I absolutely will.
If the decision is made not to proceed,
I'll be sending a letter as soon as I know that,
and if the decision is to proceed, um,
I I can be here October 7th, 2024 if that's okay.
Okay. Very good. Thank you for that information.
So we're going to take this as, as postponed indefinitely
and move it to date certain October 7th, 2024.
I need a motion.
Motion to postpone Commissioner chare
Support. Maury
Does a motion by Commissioner Childry, supported
by Commissioner Morey to move it
to October 7th, 2024. Roll call.
Commissioner Childry. Yes. Commissioner Morey votes? Yes.
Commissioner Anza? Yes. Commissioner Robinson? Yes.
Commissioner Smith?
Yes. To move it to October 7th, 2024. Item six B.
Item six B, special land use
for Al Shahi Palace Restaurant
with banquet facilities located on 12 Mile Road,
approximately 140 feet east of Ryan Road.
4 2 3 5 12 mile road, section A Tom ua,
affinity for investment, LLC, Karen Birdie, Earl Earl
and Rose P-L-L-C-P-S-L-U
2 4 1.
Postponed from June 10th, 2024.
Petitioner requested this item remain postponed
to August 19th, 2024.
Do you have any comment on this Ms. Birdie?
Yes. Karen Birdie on behalf
of the petitioner at this point, we're having plans revised
and I'm at the, um, if you will, uh,
mercy of the architect.
I have conveyed to him how important it is for me
to get these plans early enough for the planning staff
to have an opportunity to review them.
And I am staying on top of this.
That's why I asked for the August meeting.
Part of it is due to my, uh, having a vacation
and also, um, getting those plans
and giving the planning department time to review them.
Thank you, ma'am. Being said, I need a motion
to postpone this item to August 19th, 2024.
Motion to postpone. Commissioner Anser
Support Robinson.
That mission, that was a motion by Commissioner Ansar,
supported by Commissioner Robinson. Roll call.
Commissioner Ansar? Yes. Commissioner Robinson? Yes.
To postpone to August 19th, 2024.
Commissioner Childry? Yes. Commissioner Mor votes?
Yes. Commissioner Smith?
Yes. To Postpone August 19th, 2024. Item six C,
Item six C.
Site plan for open storage
of Stack Steel plate located on the northwest corner
of Audrey and nine East nine Mile Road.
4 9 6 5 East nine Mile Road, section 29.
Derek Kemper, line. DJP leasing LLC.
Karen Birdie, Earl Earl and Rose.
P-L-L-C-P-S-P 2 4 0 0 0 5.
This was postponed from May 20, 20, 24.
Thank you ma'am. Secretary. Good evening again. Ms.
Birdie? Yes. Can you tell us a little bit about the project?
Yes. Karen Birdie on behalf of the petitioner.
So at this site, um, my client uses, uh,
laser cutters to cut, uh, parts for the auto industry out
of steel plates.
Um, I went over to the site,
I've been there two times when they've been active
and working and, um, the lasers are quiet.
They're just a buzzing sound
that's, uh, quite quiet.
All of the ma uh, manufacturing
or, uh, prefabbing is taking place within the building.
The reason that this petition is here is we are asking
for outdoor storage he would like to store
and he located the site on the plan.
He'd like to store the steel plates outside, um,
no higher than I believe it was 36 inches.
I have read the, uh,
recommendation from the planning department.
I agree with, uh,
and my client does too, agree with all
of the items listed on there except for item 1D.
All of our trash is kept inside the building.
Um, we understand that we need to put a note on the plan
that indicates that our trash is kept inside the building,
so that if they ever move the trash outside the building,
um, uh, they would understand that they need to, uh,
build a trash enclosure according to the city
of Warren ordinances.
Thank you, ma'am. Correspondence,
Correspondence, taxes current at and t at
and t does not object to this request.
DTE no objection to this site Plan.
If you have any questions, please do not hesitate
to contact me at 5 8 6 7 8 3 1 9 7 8,
fire on May 8th, 2024.
In regards to the oxygen tank tank, I would like
to thank everyone for putting in the time
and effort to make sure this project is completed
with life security as a priority.
Um, with the code set that Karen Birdie
provided, fire will pro approve this site plan
and you will not need to break the window.
You will not break the window.
Um, engineering preliminary review
of this site yelled at the following comments from
the engineering division.
Number one variant shall be required
for the proposed outdoor storage.
Number two, the outside parameter
of all paved slash parking spaces shall be minimum
of six feet concrete curb and gutter.
Number three, all paved slash parking space shall be hard
surface HMA or concrete. Thank you.
Thanks ma'am. Secretary Plain Department's recommendation.
Good evening, uh, Mr. Chair. Thanks
I For having me up.
Um, the recommendation for this is as follows.
Um, it is recommended that the, that the site plan
for open storage be stacked
of stacked steel plates be approved with the, uh,
standard conditions of the planning commission
and more specifically, number one, uh, five copies of, uh,
site plans must be submitted indicating the following.
Uh, a uh, dimensions, uh, shall be
provided between the open storage area and the north, south
and west property lines.
Uh, one B uh, the
one accessible space must meet the van accessible standards,
a total of 16 feet in width.
One CA partial lighting note
is provided on the plan.
Include the entire following note,
and that is all lighting on the site shall be shielded
and not encroach upon abutting properties.
The light poles shall be no higher than 20 feet.
All glare, uh, shall be eliminated from all light fixtures.
Upward directed lighting shall not be permitted.
Lights on the west elevation of the building
shall be redirected down.
Uh, 1D uh, that's where the petitioner mentioned
the issue of the trash, uh,
and how it's going to be reta retained inside the building
and, uh, not, and there will be a note
provided on the site plan in place
of an outdoor trash enclosure.
One E the, uh, C one local business district setbacks
shall be provided as follows.
And that would be number one, a front, excuse me,
a 15 foot front south setback along the south property line.
That's nine mile road number two, a 25 foot
east side yard setback along the east property line.
That's Audrey Avenue.
Number three, a 20 foot north rear setback
along the north offset property line.
And, uh, number four,
a 10 foot west side yard setback line.
I'm going to add a couple more, uh, conditions here.
One f Okay.
The hours of operation, uh,
shall be indicated on the site plan as being from 7:00 AM
to 7:00 PM And, uh,
and again, that note shall be placed on the site plan.
Another one is one G,
and that is to provide eight arbor ie shrubs instead
of evergreen trees.
And that would be between the, the space, uh,
between the sidewalk and the fence along the
front property line.
An indicator on the plan.
I, Okay,
lemme get back here.
Okay. So, condition, uh, number two.
During the, the course
of researching the property in question, it was discovered
that although the present use
and building setbacks do not comply
with the C one local business district zoning, uh,
the building was legally permitted
and the site has been used
for industrial uses since the 1940s.
Uh, the property and use is
therefore determined to be legal.
Non-conforming The request
to have open storage,
however, is an expansion
of the non-conforming use
planning staff weighed the request with, uh,
the current zoning C one local business district
and future land use map mixed use.
Uh, the present condition of the site shall be improved
and, uh, amount of items stored outside shall be reduced.
The only, the only storage requested is
for the steel plates that, according
to the petitioner will be stacked no higher than 36 inches
or three feet in height.
A new green belt of, uh, evergreen trees
and deciduous trees requested by the planning staff
in front of the fence along nine mile road should screen,
uh, any storage, uh, from the public right of way.
And we'll just eliminate when we said green belt
of evergreen trees will eliminate evergreen trees.
It'll be the, the, uh, arbor
that are gonna be planted out there.
Additionally, the five foot,
five foot eight inch high masonry block wall, uh,
will be increased to six feet along the east
offset property line along the north property line
and along the west property line
where it abuts single family dwellings.
Condition number three, the following variance may need
to be obtained from the zoning boards of appeals, uh,
prior to release of the site plan to the building division.
And that is to retain the fence, uh,
along nine mile road in its current location.
Condition number four, performance bond.
The amount of $30 be posted according to the estimated cost
of $1,000 by the petitioner.
There is a note, though, the planning staff believes
that the proposed bond amount is too low given the fact
that, uh, new trees and lawn are part of the improvements.
A new estimate, uh, shall be
provided closer to $5,000 resulting in a bond in the amount
of $500.
And, and just a correction on
how when the fire department, uh, statement was being read,
it's, it's, uh, brick the window.
Not, not. Okay. I think you read, you said a different word.
It's putting brick in the window, not break the window.
Okay. So with that, the recommendation is,
uh, completed. Thank you.
Thank you Mr. Worth. This is a public hearing.
Anyone would like to speak on this item?
Come up, state your name and address
and you'll have three minutes to speak,
but I believe we have someone on Zoom
that wants to speak on this item.
Can you, you wanna bring him in?
Hi. Good evening. Can you hear me?
Yes. Hi, good evening. My name is Ronald Ledford.
I live at 2 3 1 2 4 Bierman.
Uh, I'm representing 15 residents, voting residents, um,
that strongly oppose this.
A couple things I would like to mention, um, this business,
uh, first of all, this,
this has not been postponed since May.
This has been postponed since January
or February of this year.
And this bill business has been operating, um,
this business first started operating, um,
without the proper paperwork to even operate.
So they have demonstrated, uh, that they're not going
to follow what city ordinances.
They operate a high low.
The, the lady who spoke
before, the gentleman said that, uh,
it's a very quiet business that is very misleading.
There's nothing quiet about this business.
This business operates high lows
and large trucks as early as six 30
and 7:00 AM in the morning.
It has disturbed our neighborhood.
This business has no history of, of having any type
of fire protection.
Um, there's no city records indicate
that there hasn't been a water bill paid there in
many, many, many years.
And I would ask that this be looked into.
I would like to remind everyone that, uh,
I've lived at this home for 30 years
and, uh, the city did not protect us when there was a
chemical spill from this business.
It's a different business now,
but the city did not protect us.
The planning commission did not protect us.
Sure there that is for mixed use,
but there are people that live in the neighborhood that vote
and supported the mayor, the people who, the, the person
that appointed everyone on, on this committee.
And I just feel like we're not, uh, having a voice in this.
Businesses have been, uh, in, in the area, have been allowed
to do whatever they want.
And, and the neighborhood is going down.
And, um, you know, the, the mayor said
that she would appoint people that would clean up the city.
Uh, opening a virtual junkyard is not cleaning up the city.
And, uh, to allow them
to operate at 7:00 AM in the morning acceptable.
I work, I'm a first responder.
I'm at work right now
and I work till late in the evening at 7:00 AM I can hear
them on the other side of the wall.
And they have hi lows.
They, they have hi lows where they push.
I don't know if it's a trash can or something,
but it's extremely loud and it's disturbing.
Um, and you know, they're operating also, again,
they're operating using space heaters and radiant heat
and we don't even know if they have, uh,
adequate fire protection.
As I said, city records.
This are city records that indicate
that there hasn't been a water bill paid there
in years, in years.
Um, to allow this to move forward
and to happen would depreciate our property value.
I would then ask, uh,
all 15 residents are gonna put in an appeal
to have our properties reassessed by the city.
And, um, you know, we just got notices
that our property values went up when you're trying
to open a junkyard in our backyard.
So we are strongly urging that this not be approved.
He has property on Ryan that, uh, just around the corner,
let him store that's an industrial area.
Let him store that industrial.
Sir, can you wrap up your comments?
Your three minutes are almost up.
I'm done. I thank you for your time,
but we respectfully ask that it be, uh, not approved.
Thank you for your comments, sir. Have a good evening.
Thank you. Is there anyone else like to speak on this item?
If not, seeing none, I need a motion.
Motion with discussion.
You, you have to make a motion to approve.
Motion to approve. Okay.
Has a motion to approve by commissioner Cries
Support Maury Support
by Commissioner Maury, any discussion?
I have a quick question, commissioner. I have a question.
Was any of these topics discussed
with the residents around the area?
So when I took this matter, I have a habit
of doing a freedom of information request
to the different departments to see if there are complaints
to see if there are problems.
There was not a single complaint for this address
during the time period that my client purchased it
and has been there not a single complaint.
When I filed with the planning department
and the notices went out, one person called
and complained that at seven in the morning
the high low was running and it would beep.
We, now that we got that complaint,
we do not run the high low at all till 8:00 AM We don't run
the high low till 8:00 AM That has not been a reoccurring
complaint because we addressed it when they, when
that was brought up after we filed.
There are not complaints at the city about this property
prior to, um, that in addition to that, I assure you
that we're paying water bills.
I assure you that we have the proper heating,
mechanical, et cetera.
And as you are well aware, a certificate of compliance has
to be obtained and all of plumbing, electrical, heating
and cooling, um, will come through the building
and will make sure that it's up to standards.
And what isn't up to standards have to be, has
to be corrected.
So concerns about water bills
and things along those lines, I assure you there,
there are no water bills that aren't paid
or we wouldn't be able to be before you tonight
because we would be owing the city money.
Um, I don't know where the term junkyard is coming from.
This is not a junkyard, this isn't even proposed
to be anything close to a junkyard.
The, um, the site will be clear
of everything except for the three foot stack
of steel plates.
Besides that, the site will have, um, nothing else
out in the parking lot except for cars, um,
uh, where he's claiming
that space heat heaters are being used.
I have no idea there.
I I've been to the site twice inside
and there are no space heaters that I saw at all.
And again, the certificate of compliance,
they're not gonna allow them
to run a business with space heaters.
It's not gonna happen. Um, he says there's a history
of no fire protection.
I don't know what that means.
Um, we're complying, obviously fire comes
through the building for the CFC
and, um, they take a look at everything.
Um, so I know that in a lot of ways,
um, uh, change can be
somewhat apprehensive for the residents around there.
I, my client has absolutely no problem
of giving his name and number.
If an issue comes up, he will address it.
He is responsive like that.
Um, they'll be able to address any types of concerns
that they have and he is, um, a decent gentleman.
He will address them. I'm confident of that.
Um, so I have to say this building
is built as an industrial building
and it's existed since the 1940s.
That's before we even had zoning ordinances
here in the city of Warren.
Um, it was built that long ago
and it is inside extremely tall.
It has the I-beams that run in it, um, for industrial type
of work when they used to have cranes
and things along those lines.
What I liked about this
and the reason that I took this matter,
'cause a lot of times I turned down matters if I don't think
that they're a good fit for the neighborhood.
I took this matter
because when I went there, it is a quiet use.
The use of the cutting torches, the machines,
it's almost like it has a computer
and the part is like designed.
They put the plate down and the machine quietly moves
and cuts the parts.
It's, it's a very quiet process.
And I thought for a building that is this industrial,
to have a quiet use is important because
before there were zoning ordinances, this building,
either the neighborhood was put were behind the building
or the building was put on nine mile when
the residences were there.
I don't know which came first,
but this is what we have right now.
And so anyone who would own this building would have
to have a quiet use for that neighborhood.
And I assure you it is a quiet use.
And we have changed our behavior with the, uh, high low.
It doesn't run there till, um, uh, later in the morning.
They're not running it, uh,
first thing in the morning anymore.
I have another quick question. Yes.
What are your hours of operation?
Um, I didn't ask him that,
but I believe that the zoning allows for seven to seven
and we would agree with that.
I'm not even sure if they even go till seven.
I'll be honest with you. They may quit at like, um,
earlier. Do
They have different shifts
or how many like shifts do they have?
I I didn't ask him that.
Nothing on the paperwork
that was brought up tonight, the seven to seven.
So I didn't ask my client that,
but I will say this, the, I believe
that came from the ordinance
and so since it's in the ordinance, that's
what we will comply with.
And I'm not even sure that they work till seven at night.
They may quit earlier. Okay.
Thank you. Thank you Ms. Birdie. Any other discussion?
Go ahead. I have a question. Uh, I think our, uh,
director mentioned, uh, operation hour that 7:00 AM
to 7:00 PM is in the recommendation.
Do you agree with that operation hour?
Yes. It was brought up just now tonight.
We will agree with it, yes.
So you agree with that? Yes. 7:00 AM to 7:00 PM Yes, sir.
Okay. Thank you.
Any other discussion?
Good evening Ms. Birdie again, I have a few questions. Sure.
Uh, on the evergreens that they were gonna put in front
of the fence, um, I wanted to specify what kind
of evergreens, but when I was talking
with the plane director today, he suggested a AEs,
um, the space between the sidewalk
and the building's probably about five feet,
and that's the reason why the other
evergreens wouldn't fit there.
But if you pull up the first drawing
that shows the layout plan where it shows the the trees
Yes, Sir. The one that's
got the marker on it right there.
If you look at the position of the four green trees
that they've got out front
and look at where the sidewalk is at, they're actually
between the sidewalk and the street, which is,
which is a wider area.
I believe that the four green trees you're seeing that are
between the building and the street are gonna be,
I think they're called, um, ro
the rose red red buds.
Okay. Red bud trees.
So those will be a deciduous tree, um, that will look nice
and, um, kind of, they stay small for a while, kind
of small, which is kind of nice
because it'll be the right height.
And in that, um, so those four are deciduous trees in front
of the fence where he's got the circles with the slashes
through it is where he meant for the evergreen trees to be.
And I'm understanding from planning that he's correct,
evergreen trees can be wide Mm-Hmm.
And that maybe too wide for that area.
And so the AEs, of course are a slim
evergreen tree that grows up
and, um, kind of grow pretty fast and are thin.
And so that would be a better fit there.
And we would agree with that, uh, recommendation.
Okay. Very good. Uh, the other question I have is the,
we're calling for a six foot high, uh, masonry wall.
And the wall is right now is five foot eight inches tall.
Uh, there's a couple ways they can,
but there is a cyclone fence on the backside of that,
which goes up about a foot
and a half higher than the wall, which has a lot
of vegetation growing up at this particular time,
which I didn't remember seeing last time I saw the plan.
Yes. But, uh, to make it six feet, you could probably get a,
a four, a eight by 16 by four inch thick solid block
and put it on top of that,
which would give it the extra four inches
that it would need to be six feet.
So that may be something you would consider
or, uh, talk to the planning
and if you need, if you need to have the extra four inches,
that would be one way to get it
Is with a block Put a put a, like a cap.
It would be like a Oh yes,
It's a yes. It's the eight
inch by 16 inches long. Eight inches wide.
Yes. And it's four inches tall. Yes.
And you could, they could mortar it right in on top
of the wall, but you give it extra four inches
and it'd be a masonry block that's like the wall.
Sure. So, so that would be one way you could, uh,
accommodate the extra four inches
And, um, absolutely.
And that's a very good suggestion.
And we could also, um, we don't have any trouble, uh,
problem talking to the homeowners
and getting their opinion on whether they'd like
to keep the vegetation and then I ask ZBA to wave it
or Absolutely.
We will make it six feet tall if
that's what they wish for. Sure.
Okay. Uh, let's see if I have anything else here.
Okay. I guess, I guess
that answers all my, an all my questions
and like I say, the only other thing was about the
vegetation, which you say you're going to address.
Yes. So is there any other discussion?
I Seeing none.
That was a motion
by Commissioner Childry supported
by Commissioner Moy. Roll call.
Commissioner Childry? Yes. Commissioner Moori.
Tzz Commissioner? Yes. Commissioner Robinson? Yes.
Commissioner Smith?
Yes. To approve motion passes. Thank you.
Thank you. Item number six D
On site plan for a building edition.
New accessory building
and open storage of vehicles located on the west side
of gross back highway.
Um, gross back highway in the area
of Prospect Avenue and TRO Road.
2 1 3 1 1 Beck Highway and parcels north of Prospect Avenue.
13 dash 35 dash 3 26 dash zero one through
13 dash 35 dash 3 26 dash
0 9 13 dash 35 dash
3 27 dash zero one through
13 dash 35 dash 3 27 dash
1813 dash 35 dash 3 27
dash oh 20
through 13 dash 35 dash 3 27 dash
oh 26,
and the north of 5 23 point 67 feet of parcel.
13 dash 35 dash 3 52 dash um,
zero 15 along with parcel south of Prospect Avenue.
13 dash 35 dash 3 31 dash
0 1 13 dash 35 dash 3 31 dash
oh two and 13 dash 35 dash
3 31 dash oh six section 35.
Calvin Herma, Braze investment LLC
and Edam properties LLC Karen Birdie, Earl
and Earl Rose,
P-L-L-C-P-S-P 2 4 0 0 0 6.
This was postponed from May 20th, 2024. Thank you.
Thank you ma'am. Secretary Ms.
Birdie, can you come up again please?
Yes. Tell us a little bit about your project here.
Yes, Karen Birdie, um, on behalf of the petitioner.
Um, so this project is, I'm gonna use
This guy here.
So my client has a building here located along Gross back
and then back here in this industrial area.
He's got this piece of property right here.
What he runs there is a true salvage yard.
Um, when a vehicle comes in, the liquids are taken out of it
and, um, uh, stored in, uh, barrels
that gets picked up regularly.
The vehicles are then stripped down for parts
that can be used and then the,
I guess I call 'em carcasses are then, um,
recycled and taken away.
So it is a process of vehicles coming in, being recycled
and the carcasses going out.
The parts are then sold, if you will.
Um, uh, out of the building on off
of Gross Spec, it's called I Drive Auto Parts.
He has a state license to do this. Um, recycling.
We had adjourned the last time
because, um, we have several easements that run
through the property and, um, they were
where we wanted to build.
Um, two of the buildings,
there's an easement that runs here
and we wanted the building there
and there's an easement that runs this way
and we wanted to build further out, uh, here.
Um, and I had wanted to have a meeting
with the city attorney to address how we could move,
uh, faster with that.
And I've had that meeting
and I think, um, uh, that's been helpful.
I also use this time period in between, if you will, uh,
to take care of many things that were on the list.
Um, we have organized all of the,
by getting the records from the deeds, the Register
of Deeds in Macomb County.
Um, I've organized all of the easements, alleys
and utility easements
that are located on my client's property.
And I have submitted applications to vacate those.
So those applications have been done.
There was also a request for a cross access easement for
our entrance into our property right here
because this part of edem was partially vacated.
It was vacated through the city,
however, it has not been vacated through the county.
So all of those applications ha uh,
the information's been organized
and all of those applications are, uh, uh, filed
and we'll go through the process
of vacating all those alleys
and easements once all
those alleys.
These are the ones that are, uh, left this one
and this one, and right here.
Once those are vacated through the entire process
through the city and then through the county, at that point,
I'll be able to combine all of this into one parcel
and all of this into one parcel.
I've had an opportunity to review the recommendations.
I've reviewed them with, um, my client.
We are in agreement with all of them.
I only have two comments.
The first, uh, common is on item K, the trash enclosure.
Uh, Ms. Birdie? Yes.
Can we handle a little, uh, correspondence first
and then we'll get the recommendation
and you can comment on the recommendation?
Sure. Absolutely. Thank you. Okay. Correspondence, please
Correspondence taxes current fire.
The Warren Fire Department approves this site plan.
If you have any questions,
please contact me at 5 8 6 7 5 6 2 8 0 0
with extension code 3 3 0 0.
At t at t does not object to this petition.
We have facilities in the gross back prospect
and Hill Road right ways,
but our facility should not be affected by this petition.
Should conflicts arise, please contact Joe Roski
js3649@tat.com
att.com, 5 8 6 7 6 5 8 2 6 1
to discuss options.
Comcast. Comcast has facilities in the area,
but there does not appear to be any conflict
with the site plans consisting of building addition,
new accessory building and open storage of vehicles.
Please let us know if we can be,
if we can be off any farther assistance.
MDA The applicant's site plan does not appear
to have work in MDOs right away.
Any work, water, take water, main tap,
sanitary sewer tap drainage
or driveway modifications in MDOs right away
or changes to the drainage system that may impact M DDoS.
Storm water will require a permit. Thank you.
Thank you Madam Secretary.
Uh, planning Department's recommendation.
All right. Thank you Mr. Chair.
The recommendation is as follows, excuse me.
And is recommended that the, uh, site plan for
building addition, uh, new accessory building
and open storage of vehicles, uh, be approved
with the standard conditions to the planning commission.
And more specifically, uh, one, well, excuse me, here's one
that's, uh, five copies
of revised site plans must be submitted
indicating the following.
So one A, uh, add the distances
and bearings along the property lines, uh, on the site plan.
Clearly identify the property boundary that's limits
of the project north
and south of Prospect Avenue one B.
Clearly identify the vacated streets
and alleys on the plan with dates of city council approval.
In addition, label the public ways such as streets
and alleys currently going through the process
of the vacation through Circuit court
one c list all parcel numbers, uh,
on the site data chart and provide legal descriptions.
1D provide square footage of storage areas in the
site data chart on the site plan one E,
uh, the zoning of the property
M two medium light industrial district
and M four heavy indu heavy industrial, uh,
district, uh, lots.
Uh, 2 26 through 2 32
shall be included in the site data chart.
Uh, one f uh, buildings, uh,
shall be set back 50 feet from major through Fair Streets,
such as gross back highway
and 25 feet along non-major through Fair Streets.
A variance, uh, to locate building number 1 23
0.46 feet from gross back highway
and 7.28 feet from Prospect Ave
shall be obtained from the zoning board of appeals.
Uh, one G indicate all existing
and proposed utilities on the site plan.
Per the city engineer.
Underground water utilities are present
along Prospect Avenue.
The footings for proposed building one, uh,
shall be located 10 feet from the water main,
indicate the dimensions on the site.
Plan one h
indicate the underlying plat information,
including any missing or incorrect subdivision.
Lot numbers, uh, indicate the location
of the vacated alley where the existing
and proposed building, uh, is lo is uh, located
and that is, uh, 2 1 3 1 1 gross spec.
Highway one i a note, uh, shall be
provided stating all lighting on the site shall be shielded
and not encroach upon abutting properties.
The light poles shall be no higher than 20 feet.
All glare, uh, shall be, uh, eliminated from
all light fixtures.
Upward directed lighting, uh, shall not be permitted. Okay.
One J site plant indicates shrubs planted, uh,
to the east of the new building Addition.
However, the property in the northeast corner
that's parcel 13 dash
35 dash 3 31 dash
zero five is not owned by the applicant and
therefore shall not be indicated with improvements
unless the owner of that property provides written approval
of the landscaping.
One k. A trash enclosure must be
provided on the site with the following notes
stating a trash enclosure.
Measuring a minimum 10 foot by 10 foot shall be constructed
of six foot high brick embossed poured concrete walls
with 45 degree angle cap half screen gates
and be placed upon a minimum 10 foot by 18 foot
concrete pad that provides an eight foot wide apron
masonry block shall not be used as a construction material.
Okay, now we'll move on to uh, condition number two.
Uh, the 35 parcels north
of Prospect Avenue, identified as
13 dash 35 dash 3 26 dash
zero one through, uh,
0 0 9
and 13 dash 35 dash 3 27
dash 0 0 1 through zero 18
and 35, excuse me,
13 dash 35 dash 3 27 dash 20
through 0 26 plus
part of, uh, acreage parcel.
And that is 13 dash 35 dash 3 52 dash
15 must be combined into one parent parcel
after the vacation processes have been completed.
Uh, the three parcels south of Prospect identified as
13 dash 35 dash 3 31 dash
zero one and 0 0 2
and 0 0 6 must be combined
into one parent parcel.
An application must be submitted
to the planning department requesting the approval
of the combination.
Okay. Condition number three.
The following variances may need
to be obtained from the Board of Appeals prior
to the release of the site plan to the building division.
That's so for the, excuse me, three a uh,
for the proposed eight foot high corrugated
sheet metal wall indicated behind the existing
I drive Auto Parts building to screen the pallets
and parts and along Tofa Road
and Helly Road three B for the expansion
of the vehicle recycling yard storage use,
that's a use variance.
Uh, three C for the outdoor storage
within the front setback areas of Tofa Road
and Heli Road one, excuse me, 3D
uh, to wave three parking spaces
and to retain the parking within the gross spec highway
front setback area three E
to locate building 1 23
0.46 feet from gross back highway
and 10 feet from Prospect Avenue.
I feel like I'm reading a book here.
Um, condition number four, the City of Warren.
Legal descriptions for parcels
13 dash 35 dash 3 3 3 31 dash
0 1 0 0 5
and 0 0 6 do not include the
vacated 14 foot wide alley that was vacated
by the Macomb County Road Commission on
January 16th, 1952
of the entire 14 foot wide alley.
A budding lots 98 through 103 and lots.
2 0 2 through 2 0 4 would be combined
with the petitioner's property.
However, only half seven feet
abutting lot 97 would be combined
with the petitioner's property
and the other half seven feet combined
with Lot 2 0 5 owned by another individual.
The planning department has
provided this information to the city assessing department
to resolve the legal description discrepancy
with Macomb County condition number five,
excuse me, proposed building addition.
One is indicated 5.25 feet
into the vacated 14 foot wide alley.
The building shall be modified so
that it does not enc encroach rather
into the vacated alley.
If the petitioner would like to pursue the building
encroaching in the vacated alley, an application
to vacate the easement, uh, shall be submitted.
It would require a utility relocation,
uh, including receiving approval from the city
to relocate an existing water main.
Uh, the cost to relocate utilities would be at the
petitioner's expense expense, excuse me.
Okay. Condition number six, proposed building
addition number two is indicated 14 feet into the
vacated 50 foot wide edem.
The building shall be modified so
that it does not encroach into the vacated street.
If the petitioner would like
to pursue the building encroaching into the vacated street,
an application to vacate the easement shall be submitted.
Uh, if utilities are present,
it would require a relocation plan.
The cost to relocate the utilities would be the petitioner's
be at the petitioner's expense.
Condition. Seven Vacated Edem north of
Prospect Avenue, abutting lots 55 through 59 inclusive.
That's r and s grant.
Investment company lots, lots of 60
through 62.
That's Selmon Transportation Incorporated.
And 91 through 96.
Sorry, my my eyes are going now.
Uh, inclusive, uh, Selmon Transportation Incorporated,
uh, provides access to the petitioner's property
and the properties to the southeast and southwest.
The representative has provided an ingress
and egress document
and it is under review condition number eight.
Uh, the planning staff was unable to locate records
for the following, and that is a,
the North South seven foot wide alley north
of Prospect Avenue abutting lots 55 through 67.
And Frank C of Frank c Nalls Sunset
Hill subdivision.
Uh, the representative provided an application to
vacate the alley and any associated easements.
Uh, eight b the North South 14 foot wide alley
north of Prospect Avenue, abutting lots 72 through 96
and lots 2 0 6 through 2 32
of Frank c Nolls Sunset Hill subdivision.
The representative provided an application
to vacate the alley and any associated easements.
Uh, c the, uh, west approximately
557.73 feet of
Tofa Road.
That is, uh, indicated as part of the property.
If Tofa Road is not vacated, then the existing gate
and any other materials, vehicles, et cetera,
shall be removed from the right of way
and shall be noted on the site plan.
Condition number nine, per acting, uh, city Attorney, uh,
a meeting took place and submitting a bond
will be acceptable per acting city attorney.
The petitioner's representative will be submitting
an agreement, uh, pertaining to the bond, uh,
to be submitted that would potentially allow construction,
excuse me, to take place prior to the finalization
of the vacations by Circuit Court.
Finally, number 10, a performance bond in the amount
of $4,500 be posted, uh, according to the estimated cost
of $150,000 by the petitioner.
And thank god that's all done. Thank you.
Thank you, Mr. Work. I wanna take a minute
to recognize Attorney Michaels,
who's on our board this evening.
And, um, this is a public hearing
if anyone would like to speak on this.
Please come up, state your name and address
and you'll have three, approximately three minutes to speak.
Seeing none will turn over to the commission.
Motion To approve
support Robinson
As a motion by Commissioner Morey
supported by Commissioner Robinson.
Any discussion?
I know that, uh, Ms.
Birdie had some questions
or some things that she wanted to talk about.
So you have the floor, ma'am?
Yes, very briefly. Um, we agree
with the recommendations, uh, put forth
by the planning commission.
As to item number K, all
of our trash is located inside the building.
We'll put that note on the plan. Um,
Uh, With regard to some of the variances, many
of them have already been, uh, granted by the ZBAI have been
before them on this matter.
Um, those that, um, I have not obtained, I will go
and obtain or request is the proper way to say it.
And then, um, lastly I wanna point out
this is Topher.
The dead ends at the Grand Trunk Railroad.
In the past when we've had this item
before the Planning Commission, my client did have items
in this area and fenced, that is not the case now.
So that's item number C.
And, um, the planning director, Mr.
Ws, said 557.73 feet.
It's 157.73 feet.
This area here we are, we are not in that area.
So I guess it doesn't matter if it's a condition
'cause we've already complied with it.
But we do have a gate right here where we're able to enter
and exit using Tofa Road.
So I did wanna let the board know that
that was remedied the last time it was, uh, brought up.
It's totally vacated.
So with that, we're in agreement with all
of the conditions that are proposed.
Thank you, Ms. Birdie. Is there any other discussion?
Seeing none. Roll call.
That was a motion by Commissioner Morey,
supported by Commissioner Robinson.
Um, commissioner Morrie? My vote is yes.
Commissioner Robinson. Yes. Commissioner Answer Yes.
Commissioner Childry? Yes. Commissioner Smith?
Yes. To approve. Thank you very much. Thank
You Ms. Birdie.
Item number six,
DE sorry.
Six E site plan for expansion of existing car wash
and relocation of single family dwelling located on the
southwest corner of Van D**e and Jackson Avenues.
2 0 8 4 3 Van D**e Avenue
and 7 6 4 4 Jackson Avenue Lot seven to 12
and 1 43 to 1 45 of VAR Garden subdivision.
Section 33, Hassan ra,
FMHH Inc.
And RA Holdings. LLC, Karen Birdie, Earl Earl and Rose.
P-L-L-C-P-S-P 2 4 0 0 1 2.
This was postponed from June 10th, 2024.
Petitioner requested requested
that this item remain postponed indefinitely. Thank you.
After speaking with the petitioner, Ms.
Birdie, we decided to,
because this item also connects to item six A, we will
use the October 7th, 2024 date
as the reference date for both items.
Thank you. So I need a motion.
Motion To postpone
Support. Commissioner
Childry
Has a motion by Commissioner Ansar,
supported by Commissioner Childry. Roll call.
Commissioner Ansar. Yes. Commissioner Childry? Yes.
Commissioner Robinson? Yes.
Commissioner Mor Votes? Yes. Commissioner Smith?
Yes. To Postpone. Postpone. October 20. October 7th, 2024.
Thank you. You're welcome. Thank you.
Uh, item number seven, correspondence. Seeing none.
Number eight, old business. Seeing none.
Number nine, bond release.
Minor amendment to the approved site plan
for new apartment building.
Addition to Reagan Sea Club apartment located on the north
northwest corner of Hayes and Frail Road.
2 6 1 6 0 Reagan Sea Club Drive, section 24.
Michael Tobin. James Barnwell.
This minor amendment is to expand buildings,
buildings number 20 from 10 units to 16 units
and provide access to individual garages
for each unit in buildings.
Number 20 and 21 PMA 1 8 0 0 1 0.
This was approved on November 19th, 2018.
Cash bond postponed in the amount of $14,550.
Project complete. Release the bond.
I need a motion to release the bond.
Motion to release the bond Support Commissioner chore.
That was a motion by Commissioner Robinson,
supported by Commissioner C Chore. Roll call
Commissioner Robinson.
Yes. Commissioner C Chore. Yes. Commissioner Anza. Yes.
Commissioner Votes? Yes. Commissioner Smith?
Yes. To release the bond of $14,550. I have number 10.
New business. Seeing none. I have number 11.
Citizen participation.
There's anyone like to speak this evening, come up
and state your name and address
and you'll have three minutes to speak.
Seeing none, we'll move on.
Item number 12, planning commission Business 12
a Planning director's report.
All right. Thank you Mr. Chair.
Just a past couple of weeks,
there was a holiday in there also.
I, As we all know, so in between that, um,
on the 24th, of course, that,
that was our last planning commission, um, meeting.
And, uh, at that time we started to look at the, uh, bylaws
and that was received and filed.
And, uh, we'll, we'll see that, uh, in the future here.
Um, there was also a meeting with, uh, uh,
Councilman, uh, Nunan
and, uh, Jerry Habecker, our acting, uh,
city attorney and Michelle and myself.
We were talking about bylaws at that particular meeting
and also the Climate Action Plan.
So that was a pretty good discussion at that point.
These are highlights, by the way, for the last couple weeks,
um, I attended the, uh, department heads, uh,
mayor's, uh, meeting.
Um, we attended, uh, a Zoom meeting
with our Greenway, uh, collaborative
for the Active Mobility plan.
And we do that I believe every week it
seems, or every two weeks.
But, uh, so it was that we had a meeting, uh, on the 27th
with, uh, Michael Weand.
And he owns this, uh, PUD development right off of, uh,
Chicago Road, uh,
and 13 where it bends right in there.
And, uh, we were looking at a couple of properties.
He's bought some properties right adjacent to the site,
and he is looking to try to develop 'em into a, a
more, a different uses that are more attractive at
that particular location.
Um, so then on the first
July 1st we spoke to, uh,
representatives of a trucking outfit on Rael Road
east of Shaner.
And they came to us for a rezoning.
There's an Elks Club on that corner.
I don't know if you recall exactly,
but behind the Elks, between the Elks Club
and the, uh, the, uh, truck trucking outfit,
there's an open piece of land.
They wanted to rezone it for the purpose of truck parking.
And, uh, it was, uh, ultimately recommended for denial.
We felt that it should go, um, residential
Planning Commission agreed to recommend it be denied.
And finally City Council denied it.
Well, they came back and they feel that, uh,
it's been some time they're allowed to try again this time.
They're gonna try again with, uh, the mechanism
of a rezoning with conditions.
They'll have a number of conditions to try
to improve the site.
They, what, when they wanted to
approve this for, from R one C to M two,
they gave us a plan that showed a parking area.
But the bottom line is, is part
of our argument was anything could have been constructed.
They're an industrial business, uh, that, uh, anything
that's in the uses that are in an M two zone.
And, uh, we didn't feel that that was, uh,
a good use for that.
And also, uh, the, um,
master plan didn't say that either.
So they came back, like I said, uh, now there's, uh,
they have reasons they're gonna, uh, try it again with, uh,
uh, rezoning with conditions and,
and their new, their agreement.
So we had that.
And, and that's, that's about about all I need
to mention at this point, if you have any questions.
Thank you. Mr. Wirth.
Does anyone have any questions for Mr.
Wirth?
No. Seeing none. Thank you, sir. Thank
You. Item
number 12 B, planning,
commission discussion and concerns.
Do we have any concerns? Um,
Discussion, more likely?
Discussion? Um, a quick question for our attorney.
I was wondering, is there any timeframe when we will get
like an updated bylaw to review and, um, go about it?
Plan is for next meeting.
For the next meeting, yes. Yes. Okay.
We'll get it in the next meeting.
And we don't have to approve it right away or no,
Actually we can't. Okay. If
it's in the form that the, that the board likes,
then it would just be, um, deferred
to the next meeting for adoption.
It'll be discussed, reviewed,
and if there's concurrence, then it, it would be have
to be adopted at the following meeting.
Okay. Thank you.
Thank you Commissioner Morey.
Does anybody else have any questions,
concerns any?
Seeing none. Item number 13, calendar pending manners.
We have none at this time. So item number 14.
I need a motion to adjourn.
Motion to adjourn. Motion to adjourn.
A motion by Ms. Childry and support by Mr. Robinson? Yes.
All in favor? Aye. Aye. Any opposed?
Have a good evening everyone. Thank you.