SJ Twp. planners vote against PUD at Nye’s after public dissent

After a protracted hearing of citizens opposed to a proposed development at the site of Nye’s Apple Barn, a development plan will move ahead – but with only a partial recommendation.

The St. Joseph Township Planning Commission voted 4-1 Tuesday to approve a special use permit for developers to build multi-family housing at the Nye’s site, but voted against Planned Unit Development proposal with a 2-2 vote. 

The proposal will now head to the township board of trustees, but without full approval from the planning commission, which can only provide recommendations and not take action.

At one point, some confusion among the board led to a 3-1 vote on the special use permit, with Tom Milnikel abstaining after mishearing a “no” vote from Ray Matejczyk. Milnikel, also sits on the township board of trustees, then changed his vote after advice from the township legal counsel his vote. He is only allowed to vote at either the planning commission or the township council, and abstained from the PUD vote.

The special use permit vote, which would allow for the housing portion of the development, included a “performance guarantee,” which would require developers to complete the three-phase project within the given timeframe, starting in 2025 and being completed by 2026.

Board members expressed concerns the plans were not what they envisioned when they saw the site as a potential mixed-use development.

“I’m not sure this site plan as presented fits the intent of the neighborhood mixed use section of the zoning ordinance,” said planning commission chair Ben Baker. “I feel it’s not including a mix of housing types and a variety of retail services and other uses that would be neighborhood-focused … [and] being a vibrant, safe, attractive and walkable pedestrian environment.”

Last October, plans for the development were put on hold due to issues with the application. The updated plans include multi-family housing units, two restaurants, a gas station and a bank – all of which would sit on the 12-acre property at 3151 Niles Road, just off I-94, Exit 27.

Trustees agreed Tuesday that the application was complete, and thought some aspects of the plan would help with the already-congested traffic situation on Niles Road. However, this was not enough to earn votes from Baker or Matejczyk.

“The multifamily residential are kind of shoved to the back and a little close to the property line,” Baker said. “There’s not much open space.”

About 30 members of the community surrounding the proposed development spoke against the project, citing concerns including ranging from traffic, crime, noise, human trafficking, light pollution and vermin attracted to restaurant dumpsters. Watch below for a sample of the public comments, which include a young boy who said he fears for his neighborhood’s safety:

Developers from Abonmarche stated they were willing to make some changes to the proposal to better suit the township’s needs, including adding additional sidewalks.