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Opinion: Planning Commission recommends rezoning, discusses outdoor seating

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By Elizabeth Jordan

Tuesday, March 15, 2011

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The Flint Planning Commission March 8 recommended rezoning land at Clio Road and Stedron Street and discussed outdoor seating ordinances in Downtown.

The commission recommended Flint City Council rezone a property on the corner of 5510 Clio Rd. (the former automobile dealership) from D-3 (community business) district to C-2 (multifamily apartments) district.

The applicant intends to build a rehabilitation-focused nursing home for people recovering from brain or spinal injuries who require ventilator care or have memory difficulties.

Although this proposed use fits the existing zoning, the applicant wanted a C-2 designation because the planned four- and five-story buildings would be too tall for a D-3 district.

In addition to the rezoning request, the applicant requested that professional offices and a barbershop be allowed in the proposed facility. (The barbershop would be for residents of the facility only.)

Residents who live near the property said they were concerned because they did not want a multifamily apartment building there, but they were more comfortable with a nursing facility. One of the dissenters expressed support for the project, but had misgivings about the height of the building.

The commission recommended the city council approve the rezoning three to two. Commissioner Freeman Greer abstained because he is the architect for the project.

The city council will make a final decision. There will be another chance for public comment at the council meeting.

The professional office and barbershop uses were approved.

The applicant will have to come back for a site plan review before construction can begin.

The group discussed possible changes in the outdoor seating ordinance in the D-4 (metropolitan business districts) district.

Currently, any business that wants to have outdoor seating must pay a $600 fee to cover the staff costs of reviewing the application and the costs of mailing notices of the required public hearing to all property owners within 300 feet. It requires a public hearing for special land use permits and site plan reviews.

Last fall, the commission heard from several smaller restaurants downtown that the fee was too costly because they only wanted to put out a couple tables.

The Legal Office proposed an ordinance to exempt outdoor seating from needing a special land use permit (and the associated public hearing process) if there would be 10 or fewer seats.

The business would still have to comply with the requirements about meeting health codes, permitting pedestrian traffic (including Americans with Disabilities Act sidewalk access), providing a site plan and having the activity within a demarcated area.

There was discussion about adding language that would make it clear that unless you are having just one table, the demarcation must be a barrier, not something like a chalk line and some language that would require any furniture to be safe and durable enough to not get blown around in the wind.

If the ordinance is adopted, restaurants with fewer than 10 outdoor seats would still have to pay for the staff's review time that usually takes two to three hours at a rate of $75 an hour. That would be a significant savings to them compared to the existing policy.

Restaurants seeking more than 10 seats outside would need to go through the traditional process.

The commission approved three master planning process resolutions.

The first was to approve a memorandum of understanding (MOU) between the planning commission, city council and administration about the commission's roles and responsibilities.

The second was to appoint Robert Wesley, chairman of the planning commission, and Elizabeth Jordan to the master planning steering committee, with Wesley designated as a co-chairman of the steering committee.

The commission was told the city council, which according to the MOU can appoint one member to the steering committee, chose Delrico Loyd. Decisions on who to invite to fill the remaining 18 spots on the steering committee will be made jointly by Wesley, Loyd and the mayor.

The third MOU specified that at least 75 percent of the members must live in the city, the body should reflect the racial, gender and age composition of our community and there should be at least one person from every ward.

There will be many subcommittees that involve other people who will work on specific themes. For example, people with very particular areas of expertise, such as transportation, might be well-suited to serve on a transportation subcommittee.

There will be community workshops and input sessions to solicit opinions from the public on all areas of the plan.

Although it is not required under any statute, the steering committee plans to include public comment at each meeting.

The scheduled site plan review for O'Reilly Auto Parts Store was postponed because the site plan was missing some required elements. The applicant plans to demolish a building at 2520 S. Dort Highway and replace it with a new one.

Finally, the commission discussed medical marijuana after reviewing the ordinances of eight other Michigan communities.

The group will meet next at 6 p.m. March 22. Check the city's web site at http://www.cityofflint.com/Planning/plandate.asp to see the agenda.

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Elizabeth Jordan is a lifelong Flint resident who represents the Ninth Ward on the Flint Planning Commission. In addition to working in the nonprofit sector, she is involved with various community initiatives promoting social justice and peace.

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