Commission deadlocks on Eagle Landscaping rezoning; applicants apologize and items postponed to Jan. 29

The Planning Commission considered a two‑parcel rezoning and a related special land use to consolidate adjacent parcels into the Eagle Landscaping site along 8 Mile. Planning staff explained the rezoning would change one parcel from B‑3 to I‑1 and the western parcel from I‑L to I‑1 to permit contractors’ offices with outdoor storage and to consolidate outdoor bins.

Architect Ken Moreland (Dorchin Martin and Associates) described a consolidated site plan intended to remove some outdoor bins from the frontage, add parking near the office and improve the site’s appearance. The petitioner’s representatives said the additional parcels would be used for warehousing and outdoor storage consistent with existing industrial uses nearby.

Multiple commissioners raised concerns about prior unpermitted work at the site and said they were troubled by applicants not following permitting protocols. Dr. Stevens Gunn and Commissioner Brown said they planned to vote no because of those procedural concerns, while other commissioners expressed willingness to consider the rezoning on its merits. The planning director reminded the commission that code enforcement remedies exist but that rezoning decisions should be based on land‑use criteria rather than past compliance alone.

Commissioner Willis moved for favorable consideration of PZR24‑0013; a roll‑call vote followed. The recorded votes were: Commissioner Benutti (opposed), Commissioner Gruber (opposed), Commissioner Griffiths (support), Commissioner Willis (support), Commissioner Martin (support), and Dr. Stevens Gunn (not support). The roll call produced a 3–3 split and the motion failed for lack of a majority.

After the tie, commissioners discussed options. Commissioner Martin moved to postpone the rezoning to a date certain to obtain a legal opinion from the city attorney about the application deadline and to allow the full commission to be present; the commission resolved to postpone PZR24‑0013 to Jan. 29, 2025. Because the special land use (PSLU24‑0021) had been noticed, commissioners opened the public hearing but then postponed the special‑use decision to the same Jan. 29 date to allow stormwater engineering and clarifications and to avoid re‑noticing.

Petitioner Ron Eagle addressed the commission and apologized on the record for failing to pull permits and for earlier mistakes; he described a long family history on the site and asked for the commission’s consideration. Commissioners requested additional engineering information on drainage, stormwater mitigation, locations for snow storage and whether catch basins exist; staff noted the consultant’s engineer submitted a communication that day and that the engineer’s final calculations were pending.

Next steps: The rezoning and special land use will return to the Planning Commission on Jan. 29, 2025, after the city attorney review and submittal of completed engineering materials.