Planning Commission: Kroger Plan Violates Master Plan, Zoning Ordinance

After five hours of presentations, public comments and sometimes heated discussion – not to mention a few regular agenda items – the Royal Oak Planning Commission on Tuesday night decided to hold off on denying or approving Kroger's proposal to build a store on Main Street until its next meeting in July.

With all of the changes that need to be made per the Planning Commission to abide by Royal Oak and state requirements and wishes, Kroger must go back to the drawing board. The board's decision was unanimous after Kroger’s presentation was made and dozens of members of the community stood to voice their concerns.

Many residents touched on the relationships they have already created with and , while planning commissioners cautioned that competition and relationships is not a viable defense to deny Kroger.

Resident Emily Toy said she does not want to shop at a store with self checkouts and no personal interaction. "I’d rather have people like Barb my cashier at Holiday and Dionne my cashier at Hollywood who know me, say hello to me, who treat my kids well, who give my kids a balloon at Holiday and give my kids a sucker at Hollywood every time I walk through the aisle," a teary-eyed Toy told commissioners. 

The vast majority of those who spoke to the commissioners at said they oppose building the proposed 49,000-square-foot store on the vacant former auto dealership property north of 11 Mile Road for reasons including traffic, pollution, competition and aesthetics.

Still, some spoke in support of the plan, saying they would like a large grocery store closer to home or simply see the years-vacant site developed.

“A new Kroger on Main Street as opposed to the eyesore that is there now would be a welcomed change,” said Al Simmons of Royal Oak.

As the meeting dragged on and the room got warmer, tensions ran high. When Paul Condino, a representative of the Associated Food & Petroleum Dealers, refused to stop speaking when his 3 minutes of public comment time were up, he began yelling "Do the right thing" and asking Mayor Jim Ellison what was in it for him, insinuating Ellison's vote was for sale. A livid Ellison jumped up, swore  and pointed his finger at Condino. "How dare you!," Ellison yelled. "How dare you walk into this community, you lobbyist, and accuse me of taking money on this thing!"

As Ellison left the room to cool off, commission Chairman Tom Hallock told Condino, “You’re a disgrace, sir.” Ellison apologized for his behavior after public comment ended.

Before the meeting ended at 12:40 a.m., Hallock went through the various reasons why the proposed Kroger plan does not comply with the city’s master plan and violates many zoning ordinances. He started many sentences with the phrase, “The applicant refuses to ...”

“The site plan has to comply with our zoning ordinance to achieve compatibility with nearby residential areas and it clearly doesn’t,” Hallock said.

During Kroger’s presentation, Hallock and other commissioners questioned why the company did not take Planning Director Tim Thwing’s advice on changing  individual pieces of the design. Thwing submitted five pages of suggested revisions to the company more than a month ago, which were not reflected in the most recent plan Kroger submitted late last month. 

Ellison and other planning commission members made it clear they were willing to take another look at Kroger's plan if the design was largely modified based on meetings with Thwing. 

“Kroger came to us. They need us more than we need them,” Ellison said. “A grocery store is one of the recommended uses for this site; in my mind it’s not this grocery store.”

A couple of residents who were at the meeting to support Kroger's plan later said they were unsure if they would still back it after hearing the debates and presentation of proposed land use.

“A lot of people are pro-Kroger, a lot of people are anti-Kroger, but what I am is anti-blight. I’m anti-dilapidated buildings, anti-vacancies. I’m pro-growth, I’m pro-jobs, I’m pro increasing Royal Oak’s tax basis and I’m pro complete and accurate information," said Scott Warheit, who lives in the North Main Condos to the south of the proposed Kroger site.

“I think we need to deny this special land use and make them go back and put pen to paper,” Royal Oak resident and business owner Jason Krieger said. “I think this right here is a quick attempt and I think that we need to set a precedent in the future for better design.”

Hallock and a couple of other commissioners pointed out the proposed site is suitable for a grocery store and that that type of commercial property falls under the special land use permit. The question is whether this particular grocery store plan fits in well with the community.

“A large grocery store is compatible with the general commercial area, that’s what this is zoned for now,” Hallock said.

The planned size of the building is one of the biggest stumbling blocks. Ellison noted he had a change of heart about the project after he drove by various Kroger stores in the area, including those in Grosse Pointe and Birmingham. He saw how an approximately 22,000-square-foot Kroger fit cohesively into a downtown setting in Grosse Pointe and how a multi-use building like the Kroger in Birmingham at Maple and Woodward could be aesthetically pleasing and blend in with the rest of the buildings in the city. After stopping at a Kroger around the same size as the proposed one in Royal Oak, Ellison said he started to believe the project is way too big for its surrounding area.

“I am more than willing to entertain a Kroger in the city of Royal Oak at that site as long as it’s a Kroger that we can all agree will be the best use of that site. And I think it may incorporate a smaller store and incorporate some mixed use,” Ellison said. “My goal is to continue the urban feel.”

Commissioner David Poulton noted the design is a suburban retail center in the middle of downtown. “This plan doesn’t meet the criteria and it’s neither innovative or an enhancement to our city,” he said.

The positioning of the building, which Thwing suggested Kroger change, was a hot topic at the meeting as well. Some comments were made about a continuance of sidewalk all the way up the street to expand the walkable community aspect, and Ellison said he would like to see parking moved behind the building.

Some residents stood and proclaimed that no matter where the store was positioned, the residents closest to the structures would be continually disturbed by the noise and exhaust from trucks going to and from the stores. Currently, Kroger's positioning of delivery trucks has the unloading being done on city sidewalks.

Not all neighbors agreed on the issue. Barton Towers resident Jan Murphy said she absolutely does not wish to have a Kroger right next to her residence. She said that a letter of support for the plan that was submitted to the city by Barton Towers residents who act as its president and vice president stating that all of the residents were in favor of the project was wrong.

“That letter should have never gone out,” Murphy said.

Likewise, Nikki Martinez who lives directly across from the project pleaded her case. “We do not feel that store hours of 6 in the morning until midnight are appropriate nor courteous for a business that will be operating directly underneath and beside a senior citizens home and a single-family residential neighborhood," Martinez said. "That leaves us a mere six-hour window to get a good night's rest on any night.” 

Following are some of the major revisions city officials said Kroger needs to make to its plan before the next Planning Commission meeting:

• switch building placement from the south side of the property toward the intersection of East University Avenue and Main Street to the north side near the corner of Pingree Boulevard and Main
• decrease the height of lighting fixtures from 23 feet tall to 15 feet
• expand the green belt and landscaping surrounding the residential neighborhoods
• Hallock noted that in accordance with the special land use permit hours of operation would need to be 7 a.m.-10 p.m. vs. the 6 a.m.-midnight Kroger proposed.
• better placement for trucks loading and unloading. The current plan has trucks driving down University and backing into Kroger’s driveway, ultimately using city sidewalks for unloading.
• reduce the overall size of the proposed store
• include an entrance facing Main Street.

Attorney and former Royal Oak mayor Dennis Cowan, representing Kroger in the project, said the company would try to have a new site plan submitted before the next Planning Commission meeting. He said the petitioners appreciated the feedback from the meeting.

“We want to look at that very carefully,” Cowan said. “I also want to caution everyone: There are practical considerations for running a grocery store.”

The Planning Commission's next scheduled meeting is 7:30 p.m. July 12 at City Hall, 211 Williams St.