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City Council Meeting Minutes
August 15, 2016 | City Council Minutes

CITY OF GROSSE POINTE FARMS
 
CITY COUNCIL
 
REGULAR MEETING MINUTES
 
 
350 Lakeshore Road
August 15, 2016
7:00 pm
 
A regularly scheduled meeting of the City Council for the City of Grosse Pointe Farms was called to order at 7:05 p.m. on Monday, August 15, 2016, by Mayor James Farquhar, at 350 Lakeshore Road, Grosse Pointe Farms, Michigan.
 
Present:  Mayor James Farquhar, Councilmembers Therese Joseph, Louis Theros, Joe Ricci, Peter Waldmeir, Martin West and Mayor Pro Tem Lev Wood.
 
Absent:  None
 
Also Present: Messrs; Shane L. Reeside, City Manager; Derrick Kozicki, City Clerk/Assistant City Manager; Director of Public Safety; John Hutchins, Deputy Director of Public Safety; Terry Brennan, Public Services Director; John Jackson, City Planner; and William Burgess, City Attorney.
 
Mayor Farquhar led the Pledge of Allegiance.
 
Council considered approval of the Minutes of the Regular Meeting and Closed Session Meeting held July 11, 2016 and the Special Meeting held July 26, 2016.
 
Farquhar moved to approve the Minutes of the Regular Meeting and Closed Session Meeting held July 11, 2016 and the Special Meeting held July 26, 2016. Motion carried unanimously.
 
Farquhar moved to move agenda item five ahead of agenda item four. Motion carried unanimously.
 
Council considered an appeal regarding the denial of a fence permit and building permit for a tennis court located at 60 Lake Shore Road.
 
Joe Backer of Backer Landscaping, an agent for the property owners, was present to answer any questions regarding the appeal.
 
Waldmeir moved, Wood seconded to approve the fence permit and building permit for a tennis court at 60 Lake Shore Road. Motion carried unanimously.
 
Council held five Public Hearings regarding 360 Moselle Place (Parcel Number: 38-006-99 0002-000).
 
    1. Public hearing to hear the appeal for a rezoning of the property at 360 Moselle Place (also known as the Tennis House) from a CR-Community Recreation to the RM Multiple-Family Residential District.
    2. Public hearing to hear the appeal of the developer for an exception to the minimum two (2) acre requirement of the PUD Ordinance Section.
    3. Public hearing to hear the appeal for the use of the PUD planned Unit Development Ordinance for the purpose of design and development of the property at 360 Moselle Place.
    4. Public hearing to hear the appeal of the developer for an exception to the requirement for access to a major thoroughfare as determined by Council, for the property at 360 Moselle Place.
    5. Public hearing to review and consider the proposed project at 360 Moselle Place, (Tennis House Redevelopment) for Preliminary Site Plan Review.
 
The following Exhibits were provided to Council: A) Memo from Terry Brennan, Public Service Director entitled, “360 Moselle Place, Tennis House Project, Preliminary Site Plan Review, PUD Overlay and exceptions, Conditional Re-zoning;” B) Letter from John Jackson, City Planner entitled, “Tennis House Conditional Rezoning, PUD, and Preliminary Site Plan Review;” C) Letter from  Edward Zmich, City Engineer, “Tennis House at 360 Moselle Place Preliminary PUD Plan Review No.1 Grosse Pointe Farms, MI;” D) Preliminary Site Plan from ANK Enterprises entitled, “Residences at The Tennis House;” and E) Proposed Zoning Map Amendment No. 14.
 
Matt Kornmeier, Director of Property Management for ANK Enterprises (the applicant) gave a presentation of the preliminary site plan (Exhibit A) to Council regarding the proposed development.
 
Alex Bogaerts, architect for Alexander V. Bogaerts & Associates, P.C, who was present with Mark Abanatha, continued the presentation of the preliminary site plan and focused on the architectural aspects of the proposed development.
 
Theros requested that the developer further explain why this project meets the requirements to be considered for a Planned Unit Development (PUD).
 
Chip Berschback, attorney for ANK Enterprises explained why ANK Enterprises’ requests should be granted by Council. He restated the reasons for approval that were included in the applicant’s submittal package to City Council for the August 15, 2016 Public Hearing, dated June 1, 2016.
 
Waldmeir questioned how tall the residential units would be.
 
Chip Bershback restated that the height requests were included in his letter dated June 1, 2016.
 
Waldmeir asked if there would be restrictions on what is defined as family members for rentals.
 
Chip Bershback stated that the restrictions and by laws of the condominiums would explicitly address these issues and it would be recorded with the Wayne County Register of Deeds.
 
Wood asked what the density of the project would be.
 
Chip Bershback stated under the RM Mulitple Family zoning district would only allow 33 rooms but the applicant is seeking more rooms due to the circumstances. The density issue would be discussed at the final site plan review.
 
Ricci asked what is allowed on the property as currently zoned.
 
Brennan stated what recreational facilities are allowed on the property according to the Zoning Ordinance.
 
Farquhar opened the Public Hearing at 7:46p.m.
 
Farquhar indicated that written public comments received prior to the public hearing will be included in the official record.
 
Charles Royer, 269 Williams spoke and restated the written comments he submitted to the City prior to the meeting regarding this agenda item.
 
Robert Piecuch, 416 Calvin spoke and questioned whether this project would hurt the historical significance of the tennis house. Additionally he stated that he didn’t like the density of the project.
 
Jonathan Strong, 344 Moselle Place spoke and restated the written comments he submitted to the City prior to the meeting regarding this agenda item.
 
John Chilson on behalf of his mother Jean Wyatt, 343 Moselle Pl said that she was not in favor of tearing down the building and was in favor of the proposed development.
 
Andrew Dervan, 306 Fisher spoke and restated the written comments he submitted to the City prior to the meeting regarding this agenda item.
 
Michael Hix, 64 Merriweather said he felt there were other viable alternatives to the proposed development that would maintain the property as a tennis facility.
 
Max Roeske, 376 Belanger said he would like to see a different proposal that allowed for rentals and would be more affordable. Additionally, he stated that he would like to see every effort to maintain the tree canopy on the property.
 
Peggy Varner, 913 Vernier (Grosse Pointe Woods) said she didn’t think the proposed development would decrease property values and felt the development should be built as proposed.
 
Elizabeth Roeske, 376 Belanger questioned what the taxable value of the property would be if this development went forward and what would happen if the developer was unable to sell the units.
 
Douglas Fiedler, 308 Touraine stated he was in favor of the project, felt that the new residents would be “good traffic” and was concerned that if this project didn’t get approved that a less desirable use of the property may occur.
 
Emma Wright, 315 Touraine stated that she was in favor of the development and indicated she would like to purchase a condo when they become available.
 
Bob Grambo, 345 Moselle spoke and restated the written comments he submitted to the City prior to the meeting regarding this agenda item.
 
Brian Burnett, 354 Belanger spoke and restated the written comments he submitted to the City prior to the meeting regarding this agenda item.
 
Aime Sweeney, 317 Belanger spoke and restated the written comments he submitted to the City prior to the meeting regarding this agenda item. Additionally, she stated that this type of development would be better suited for the business district on Kercheval.
 
Phil Peters, 357 Belanger, stated he was concerned that his privacy would decrease due to the proposed development.
 
John Peslar, 361 Belanger spoke in favor of the proposed development and stated he did not believe his privacy would decrease.
 
Farquhar closed the Public Hearing at 8:27p.m.
 
Chip Berschback addressed concerns raised during public comment.
 
Matt Kornmeier addressed concerns about the units becoming rentals. He stated that the bylaws of the association would restrict rentals and doesn’t foresee the units being purchased for rental purposes. Additionally, he stated that an effort would be made to preserve trees on the property.
 
Theros asked if the project meets the 20% greenspace requirement.
 
Matt Kornmeier stated the project exceeds the 20% greenspace requirement.
 
Waldmeir asked that the City Attorney explain the practical difficulty requirement.
 
Burgess explained the practical difficulty requirement as it relates to the proposed development.
 
Farquhar called for a five minute recess at 8:43p.m.
 
Farquhar called the meeting back into session at 8:55p.m.
 
Waldmeir motioned, West seconded the parcel be rezoned from Community Recreation to Multi-Family Residential in the form of a proposed zoning map amendment (Exhibit E). Motion carried unanimously.
 
Waldmeir motioned, Wood seconded approval of the PUD Overlay for the Tennis House parcel, pursuant to Section 1518 of the Zoning Ordinance, of the proposed PUD overlay for the Tennis House parcel.  Such motion is based upon the following findings:
 
a.    Except as otherwise described below, the proposed development satisfies the requirements set forth in subsection 2 of Section 1518 of the Zoning Ordinance;
b.   The proposed development, including the proposed height, bulk, location and character of the proposed structures, will be compatible with adjacent land uses, the natural environment and natural resources, and the capacities of public services and facilities affected by the development;
c.    The proposed development will promote the use of land in a socially and economically desirable manner, and maintain the character of the area (specifically including the adaptive re-use of an existing structure of importance within the community);
d.   The proposed uses in the development and the location of such uses will facilitate a traffic pattern (both vehicular and pedestrian) that will not be hazardous and will be compatible with adjacent areas;
e.    The proposed uses in the development are consistent with the master plan adopted by the City;
f.    The proposed development is consistent with the public health, safety, and welfare of the residents of Grosse Pointe Farms;
g.   The City Council hereby grants an exception from the minimum site area of two (2) acres, specifically finding that the unique circumstances surrounding the proposed redevelopment and adaptive re-use of the Tennis House structure will further the intent and purpose of a planned unit development as described in subsection 1 of Section 1518 of the Zoning Ordinance; and
h.   The City Council hereby grants an exception from the requirement that vehicular access to the site by accomplished only from a major thoroughfare, specifically finding, based upon professional estimates, that the traffic volume to and from the site will be consistent with the single-family character of the surrounding neighborhood.
 
This motion pertains only to approval of the PUD overlay.  Preliminary site plan approval for the PUD development will be considered next, and final site plan approval will be considered at a subsequent public hearing at a later date.
 
This motion is without prejudice or precedent in any future request for consideration of a PUD overlay, and I note specifically that the Tennis House property presents a unique redevelopment opportunity of a character that is not likely to present itself in other locations within the City. Motion carried unanimously.
 
Waldmeir moved, preliminary approval of the site plan, subject to final approval by the City Council at a subsequent public hearing, and further subject to the following conditions and modifications:
 
1.      Preliminary site plan shall provide for up to twenty four (24) fully enclosed parking spaces.
2.      Applicant shall provide the final engineering plans which will include interior and exterior parking space size and layout with occupancy calculation, hydrant locations, water main locations, sanitary sewerage locations, site-grading and storm water management. For example catch basins, storm water retention swales, etc.
3.      There shall be a maintenance agreement for the private drive and a maintenance plan of the common elements shall be provided.
4.      Applicant shall provide a traffic circulation pattern that for both pedestrians and vehicles with indicated areas to use for service vehicles, including deliveries, maintenance crews, etc.
5.      Applicant shall provide a lighting plan which will indicate lighting for parking, traffic, security and landscaping.
6.      Applicant will provide a trash enclosure on the site or provide a plan for trash and rubbish collection.
7.      Applicant shall provide evidence of a permanent easement agreement, if needed, for emergency access for public safety with the Christian Science Church immediately adjacent to it.
8.      Applicant will indicate any areas that will be designated for outdoor recreation which will be consistent with the PUD and other zoning requirements.
9.      Applicant shall provide a detailed landscaping plan which will include removal of existing trees and plantings, a new tree and landscape planting, the proposed greenbelt and screening from adjacent properties.
10.   Applicant in presenting their final plan for final approval shall be informed by the recommendations and comments in the August 4, 2016 memorandum from Terry Brennan, Public Services Director; the August 5, 2016 letter from John Jackson, City Planner and the August 4, 2016 letter from Edward Zmich, City Engineer. All plans shall be subject to review and approval the City Engineer, Department of Public Safety Director and Public Services Director.
 
Motion carried unanimously.
 
Council considered a request from Administration to purchase the property located at 312 Beaupre Lane.
 
Ricci motioned, Joseph seconded to approve the purchase of the property located at 312 Beaupre Lane. Motion carried unanimously.
 
Council considered the following four items on the Consent Agenda.
 
a.    Approval of payment for legal services.
b.   Consideration of a request from the Finance Director to approve June and July 2016 invoices.
c.    Consideration of a request from Administration to approve an agreement with the Country Club of Detroit regarding the purchase of water from the City of Grosse Pointe Farms.
d.   Consideration of a request from the Grosse Pointe South High School Athletic Booster Club to hold the 14th Run the Pointe event on September 24, 2016. Event was approved at a prior City Council Meeting but has been rescheduled.
 
Wood motioned, West seconded to approve the consent agenda. Motion carried unanimously.
 
Council received the Public Safety Report for July 2016 and it was ordered placed on file.
 
Mayor Farquhar adjourned the meeting at 9:15 p.m.
 
 
____________________________                _____________________________

 

Derrick Kozicki, City Clerk                             Mayor James Farquhar, Mayor

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