Planning Commission Recommends Approval for Proposed Gas Station at Henley and 11 Mile with Conditions

The City of Berkley Planning Commission unanimously recommended approval Aug. 26 of a special land use application to reopen a former gas station on the corner of Henley and 11 Mile, with conditions. The commission’s recommendation is subject to a required variance from the Zoning Board of Appeals for a deficient front-yard setback at the pump islands and several site conditions the commission set. The commission voted to forward the applicant’s sketch plan to city council with conditions intended to reduce impacts on nearby residences and the right-of-way. Commissioners emphasized lighting controls, placement of landscaping or barriers along Henley, and submission of a revised sketch plan for administrative review. Kristen, Community Development staff, told the commission the property sits in the Flex District and previously functioned as a gas-and-service station but lost its nonconforming status after being vacant for more than two years. She said the new zoning ordinance now lists gas stations as a special land use in that district and that “automotive use standards” and special-use standards apply to the reopening. Applicant representative Ellis Freeman told commissioners the owners do not intend to reopen a service bay and described the proposal as a small gas station with a convenience store. Freeman said, “Numbers of employees is gonna be 1 per shift,” and that planned hours are “6 a.m. to 11 p.m.,” adding the owners could adjust hours if the city had concerns. Commissioners discussed potential impacts on adjacent residential properties behind the site, circulation for fuel trucks, and where planters or barriers could safely be placed without blocking tank access. Kristen noted one existing pump island is set 16 feet from 11 Mile, while the ordinance requires a 30-foot front-yard setback; the commission therefore specified that the applicant must obtain a Zoning Board of Appeals variance for that deficiency before further approvals. The commission placed the following conditions on its recommendation: the ZBA variance for the front-yard setback must be obtained; all site lighting must be shielded per ordinance standards; trees and shrubs along Henley must be trimmed to meet corner-visibility/clearance rules; substantial landscaping planters or other barriers must be installed along Henley “to the extent practicable” as determined by the Community Development director (with alternative placement on site if tank access requires it); and the applicant must submit a revised sketch plan to staff for administrative review prior to council action. The commission also confirmed parking and circulation are adequate for the proposed convenience store and fueling functions as drawn on the sketch: staff and commissioners counted roughly nine parking spaces on the sketch and noted the pump fueling positions will handle vehicle fueling. Kristen said staff would review a final striping plan administratively. The commission and applicant discussed guardrails, bumper blocks or decorative planters as preferred pedestrian-protection measures; commissioners said a metal guardrail is “the least preferred option.” The commission’s motion to recommend approval included the conditions above and carried on a roll-call vote: Commissioner Dolan — yes; Commissioner Hamame — yes; Commissioner Arntzen — yes; Commissioner Woods — yes; Chair Kempner — yes. The recommendation will go to city council for a final decision and the applicant must also seek the variance from the Zoning Board of Appeals. If the ZBA declines the setback variance or if staff later determines fuel-truck maneuvering requires alternative planter placement, the decision record allows planters or barriers to be relocated elsewhere on site as a last resort and requires the applicant to work with Community Development on practicable solutions.