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Tractor Supply Co. Coming to Harrison

City’s Attorney Provides Potential Rezoning Tutorial

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HARRISON – The Harrison Planning Commission’s Feb. 8 meeting saw two primary areas of focus: site plan review for the proposed Tractor Supply Co., and discussion of a potential request for rezoning.

Members present included Jeff Mustamaa, Brent Boulton, Andy Saxton, Ed Kerr, Tom House, George Muscott and Robin Stoner. Also attending were Mike Freeman, code enforcement officer; mayor Stacy Stocking and attorney Jaynie Hoerauf.

Presenting the site plan was Steve Witte site engineer for Nederveld Inc. along with Matt Heneveld of DMK Development. DMK will actually be the owner and developer of the property and would purchase the property, construct the building and provide a long-term lease – in this case, with Tractor Supply Co. Previous Michigan TSC projects they have contracted include White Lake, Flushing, Williamsburg, Ann Arbor, Acme, Ithaca, Petoskey, Davison and Fruitport, along with sites in New York, Wyoming and Ohio. Are one of the preferred developers for TSC. As such, DMK is thoroughly familiar with TSC and the development process involved for that company.

There already exists a purchase agreement for the current site at 1570 N. Clare Ave., which is the vacant property to the immediate west of Family Fare supermarket. That approximately 5.5 acres is zoned C2 Commercial, and the proposed structure is a 21,930 square-foot building to be used by Tractor Supply.

Witte went on to describe TSC as a national retailer that sells products for agriculture, home improvement, lawn and garden maintenance, livestock and pet care.

“They’re a unique retail operation,” Witte said. “And the ones I’ve covered, the communities really like them a lot because of that uniqueness. It’s fun to look in their stores at the different products they have for sale.”

He further explained that access to the site would be via the existing driveway off N. Clare Avenue, and so not necessitate any further curb cuts or driveway approach to any street. Witte also said an additional 66 new parking spaces are proposed for the site, including some longer parking spaces for pickups with trailers.

As far as landscaping, Witte said that most of the existing landscaping along the west side of the property would be retained as part of the 30-foot greenbelt buffer on the west side called for in the plan. He said trees and landscaping will be provided along N. Clare and along the access driveway as well. He also spoke of the catch basins that will channel rain/runoff to the already existing detention basin on the south side of the property. Witte said there is a storm sewer line that runs through the property which will be rerouted around the building.

The presentation also included detailed drawings of the proposed building, detailing exterior lighting and signage, as well as descriptions of the split block exterior with red circumference stripe, along with a front entrance vestibule. Emphasis was placed on the exterior lights being shielded, meaning lights are directed downward, controlling light pollution and any interference with traffic.

Witte said TSC will usually have 15 employees per site, with six to seven employees working at any given time, and that normal hours of operation are 8 a.m. to 8 p.m. Monday through Saturday and 9 a.m. to 7 p.m. Sunday.

After the presentation and with all its questions answered, the commissioners checked off all 12 of the items on the Site Plan Review Check List. The commission then moved to approve the site plan proposal from Tractor Supply Co.

Heneveld said the project start is tentatively scheduled for early May and expected to take 22 weeks. Supply chains permitting, a fall opening is anticipated.

The other new business on the agenda was discussion of a rezoning inquiry from the owners of Superior Concrete [Gambles]. That inquiry/potential request was described by Jaynie Hoerauf, attorney for the City of Harrison, as the desire of the property owner to use the former Styx/Sportsman’s Bar property (zoned C2/commercial) and a smaller tract behind it (zoned AR/agricultural residential) for erection of a new cement plant.

Hoerauf said the City’s Table of Uses in its Zoning Ordinances does not include every use that could possibly be proposed – including a cement plant. She said that when that happens, the Planning Commission is tasked with deciding which uses it is most similar to.

“So, I ask myself what uses is it most similar to?” she said. “Is it most similar to commercial uses or C2 or Industrial? I think it’s most similar to industrial use, not C2 or Agriculture.”

 Thus, if it was left to her, Hoerauf said she would treat it as an Industrial application – and it would not be a permitted use in those two zones. Having reported such to the City, the information was relayed to the property owners. Hoerauf said Gambles then asked if the property might be rezoned, which is what brought the question before the Planning Commission that evening.

“Because you maintain the Master Plan and the Zoning Map,” Hoerauf said. “You envision the future of the city, and you say ‘Here’s what we want our city to look like and be for all the residents; here’s our future land use map, and here’s our zoning map with our designations.’ The idea is that your zoning map is going to crawl (or run) toward your future Land Use Map as time goes on.”

Hoerauf said that, having looked at the city’s Land Use Map and Zoning Map, she would not support rezoning for the proposed purpose in the requested location.

“Because I don’t think it’s consistent with what you’ve articulated in your Master Plan and future land use out there,” she said. “Nor is it consistent with the intent statements for those two zones.”

Hoerauf clarified that the request for rezoning may well come before a future meeting of the Planning Commission, and that the current session was their educational meeting where the commissioners are called upon to pull out the Ordinance and read the provisions.

“Think about what your future land uses are for out there,” she said. “Because if you’re going to rezone, say to Industrial, you’re acting to change the map – so you’re changing the law to suit the desired use.”

She said it would be spot zoning if there was a little island of Industrial, adding that the existing cement plant was likely a non-conforming use, but that it had been grandfathered in as a longtime business in continuous operation.

Hoerauf said that having looked at the city’s projected land use in that area, the idea is to have it be more oriented toward walkability and retail development.

“I do not think a cement plant on those two parcels is consistent with your ordinance,” she said, then reiterated that the commissioners have a decision to make as to what the requested use is most similar to, and what the city wants that area to look like. She also suggested that, if it was zoned Industrial, the neighbors on the other side would likely have a really good appeal, legally.

Hoerauf also warned the city to be careful, because permitting that rezone would creep the Industrial use closer to the Residential use to the south, which will cause more complaints and trouble. She based that on her understanding that cement plants are loud and dusty.

Commissioner Tom House also questioned what such an operation would to traffic, as the Mostetler/Grant/N.Clare Avenue intersection is already one of the worst in the area.

Planning Commission Chair George Muscott summed up by saying the area is already zoned, and what is being asked – short of a proposal – is to put in another cement plant.

“Again, dusty, noisy, everything else,” he said. “We already have it zoned one way. That doesn’t conform, so why do we have to say anything but ‘No?’”

When asked if that decision could be appealed through the Zoning Board of Appeals, Hoerauf clarified that zoning is a legislative function which is not appealable.

The commissioners were then informed of/invited to attend the public hearing at 6 p.m. Feb. 28 where city residents can voice their opinion on whether or not to allow marijuana retail within the city limits.

The Planning Commission will meet next at 6 p.m. Tuesday, March 8 at Harrison City Hall, 2105 Sullivan Drive.

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