City Council

CITY OF STERLING HEIGHTS MINUTES OF SPECIAL JOINT MEETING OF CITY COUNCIL, PLANNING COMMISSION, AND ZONING BOARD OF APPEALS TUESDAY, MAY 9, 2023 IN CITY HALL 1. Mayor Taylor called the meeting to order at 6:30 p.m. 2. Mayor Taylor led the Pledge of Allegiance to the Flag and Melanie D. Ryska, City Clerk, gave the Invocation. 3. Council Members present at roll call: Deanna Koski, Michael V. Radtke Jr., Maria G. Schmidt, Liz Sierawski, Michael C. Taylor, Henry Yanez, Barbara A. Ziarko. Planning Commission Members present at roll call: Pashko Ujkic, Nathan Inks, Pampreet Sarau, Geoffrey P. Gariepy, Paul Jaboro, Ed Kopp, Gerald Rowe, Brandy Wright. Absent: Lori Doughty Zoning Board of Appeals Members present at roll call: Pashko Ujkic, Devin Koski, Aisha Farooqi, John Fenn, David Graef, Ben Ancona (Alternate), and Jafar Chehab (Alternate). Absent: Stephanie Jackson, Derek D’Angelo Also Present: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Melanie D. Ryska, City Clerk; Carol Sobosky, Recording Secretary. 4. APPROVAL OF AGENDA Moved by Koski, seconded by Ziarko, RESOLVED, to approve the agenda as presented. Yes: All. The motion carried (7/0). 5. PRESENTATIONS A. Welcome and Overview Mayor Taylor welcomed the Zoning Board of Appeals and Planning Commission and thanked them for being here tonight. He stated the City has been very busy with development, and appreciates the work both groups do. They are taking steps towards their next Master Plan process and wants to make sure everyone is on the same page, so City Administration called this meeting, which he feels will be very productive. He turned the floor over to Mr. Vanderpool, who will emcee the meeting. Mr. Vanderpool stated the City is about to embark on the development of a new Master Plan, with the last Master Plan approved in 2017. He stressed the Master Plan is vital because it serves as a guiding light for all future development coming forward in the next several years, and it is especially Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 2 important because the City is approximately ninety-five percent built out, with the remaining sites providing a challenge. He noted some of the existing developments do not meet modern-day needs and demand, so vacancies exist when property is not being used to its highest and best use. These areas can be redeveloped, and the new Master Plan can help pave the way for that to occur. He talked about the value and positive impact long-range planning can have, as seen in the long-range Visioning 2030 Plan, which has been so successful that they are now updating and working on Visioning 2040 Plan. This has set the City on a course of prosperity, resulting in a growing population, job creation, new housing, significant commercial and high-tech manufacturing investments, and a perfect formula resulting in high property values and low tax rates. He added that Sterling Heights has the highest overall property value in Macomb County and is in the top five statewide. He noted that Crain’s Detroit recently listed Sterling Heights as “hot housing market to watch in 2023”, and he pointed out the success does not just happen, but it is a result of exemplary planning, for which all here tonight have played roles. He pointed out that Lakeside Mall is an example of why master planning is so important and knowing that the future of American malls is not promising, the City embarked on a major master plan for Lakeside Mall and surrounding area. He added this multi-year plan set the course for a massive forthcoming town center development, which will solidify the area as an economic epicenter for generations to come. The Lakeside Sustainability Master Plan resulted in an exciting $1 billion investment announced last November and is currently going through the approval process. He added they have the same potential for commercial corridors along Van Dyke, Mound, and M- 59, as well as other significant commercial nodes throughout the City. He stressed they need to establish the vision, stay on course, and execute the plan, noting that many stakeholders, including residents, businesses, Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 3 community representatives, along with the Mayor, City Council, Planning Commission, and Zoning Board of Appeals, need to be involved. He assured they will have plenty of time for questions and comments following tonight’s presentations, adding that this is to plant the seeds for a lot of dialog and discussion. B. One Vision – One Plan…The critical role and proper application of the Master Plan Mr. Vanderpool invited the City Development Manager/Assistant City Planner, Dr. Jake Parcell, to kick off the presentations this evening. City Development Manager/Assistant City Planner Jake Parcell thanked everyone present tonight and those who made it possible to have this joint meeting. He explained they are starting their master plan process, which is a grass-roots process, and they will be explaining that process in the three presentations this evening, what they anticipate seeing in the City, and what they anticipate seeing moving forward. He invited Planner Ryan Fox to discuss the current framework of the plan they have, and Giffels Webster Planning Consultant Andy Aamodt to discuss the steps to move forward on adopting a new master plan. Planner Ryan Fox talked about the current Master Plan, which dates back to 2017, and the framework on which the Office of Planning has been operating. With a PowerPoint presentation, he showed a subsection of the current Master Land Use plan, and he pointed out areas of mixed-use nodes, including traditional mixed-use nodes scattered near intersections, the Van Dyke Mixed Use Corridor, the North Van Dyke District, and the Lakeside Village District. He cited some examples of development in those areas, including a multiple-family development, The Flats, to be located in the North Van Dyke Avenue area. He added this development focuses more on a denser, more urban feel, which is what they are looking for in that district. He cited two businesses in the commercial district, Shake Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 4 Shack and Mission BBQ, both in the Lakeside District. He invited Planning Consultant Andy Aamodt to talk about master plans in general. Planning Consultant Andy Aamodt explained that planning coordinates the impacts that people and their activities have on the physical and social environment in which they live. He added that planning impacts many aspects of the community, including location of residential areas, the design and accessibility of businesses, features of parks, extent of municipal services, and preservation and protection of natural resources. He explained that a Master Plan is the community’s blueprint for the future, and takes into consideration all facets of a community, including transportation, infrastructure, natural resources, housing, economic development, agriculture, and other key elements. The Master Plan includes long-range goals and objectives of development for the next ten to twenty years. Mr. Aamodt emphasized that the zoning ordinance is one of the key mechanisms to implement the goals of the master plan, and it is standard practice to amend the zoning ordinance as a response to the master plan. He cited the differences between the master plan and the zoning ordinance, noting the master plan is long-range, whereas the zoning ordinance is immediate law that must be adhered to daily. The master plan is a guiding document, offering recommendations to meet goals, whereas the zoning ordinance is regulatory and is law. The master plan contains policy recommendations, whereas the zoning ordinance is enforced. Mr. Aamodt emphasized that both must be considered by the City when making discretionary decisions, such as rezonings, planned unit developments (PUDs), and special approval land uses (SALUs). The master plan needs to serve as a guide in the City’s decision-making, but they must also follow the procedural standards and very specific zoning standards of the zoning ordinance. Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 5 Mr. Aamodt explained the master plan is required by the State Act to have a zoning plan, which is a plan that explains how the master plan compliments the zoning ordinance. A chart was displayed showing possible relation of future land uses to existing zoning districts, as well as the possible creation of new zoning districts or amendment of existing zoning districts. He advised that the zoning plan may also consider how preferences regarding height, area, bulk, location, and design also fit into the zoning ordinance He explained that the Michigan Enabling Act sets some very strict master plan requirements, including a review of the master plan every five years to ensure they have a current and relevant plan to today’s times and needs. Mr. Aamodt outlined the specific requirements of the master plan process. He explained a “notice of intent” is sent to required entities, including neighboring jurisdictions, neighboring local governments, utility authorities, and others. He went through the process step-by-step, outlining the detailed requirements. He talked about the foundational approaches to preparing a master plan, including understanding existing conditions such as demographic data, socio-economic data, land use data, and other pertinent data. They need to be good listeners, with thorough public participation, and this public input should be considered by the City. They need to create a vision, which involves the development of goals, objectives, and strategies. They will then develop a future land use plan and map, and perhaps the creation of other sub-area plans. He stressed that action is important, and they need to formulate implementation of the plan and the zoning plan. He advised the drafting of the plan may entail a few plan elements, which might include the themes of housing and neighborhoods, and making sure they have attainable housing in the City, as well as planning for the build housing environment, which might be missing middle housing and high-quality developments in a variety of unit Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 6 types, sizes, and price ranges. Sustainability, environmental and natural resource management is very important, and planning for a more sustainable city is something the City is doing very well as is evident with the recent award-winning Sustainability Plan. Continuing to make sure the City is growing or changing responsibly while making sure the community has a balance of environmental, economic, and social health is important. He noted that transportation and circulation is a key component, including planning for the non-motorized user, and this might include streets planning or mapping out priority corridors for different types of transportation infrastructure. Mr. Aamodt commented that the importance of Parks and Recreation is very evident in the City, and it is important to continue to prioritize that all residents have access to recreational areas, preferably in their own neighborhoods. He pointed out that redevelopment strategies are a key consideration, especially since the City is nearly built out but some uses may no longer be efficient, such as large parking lots. Mr. Aamodt emphasized the Zoning Plan and Implementation Plan are the “teeth” of the Master Plan, and he informed the Implementation Plan can set other implementation strategies as well, including programs or subcommittees to focus on a particular topic, or it might drive other policy ideas or ordinances. He invited Dr. Parcell to provide a summary. Dr. Parcell stressed the importance of the Master Plan serving as the community’s blueprint, and he pointed out that everything included in the staff report and the photo of the future land use map is the distillation of all of this. The master plan and the zoning ordinance are separate, but they rely on one another, and they are two of the tools that planners use when evaluating projects. He concluded that they need to trust the process, which with its legal requirements can be lengthy, but he emphasized that good planning does not happen overnight. It relies on everyone here tonight, every member of the community, including residents and members of the Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 7 business community, to move forward and provide input so everyone is on the same page to build the City as they want to see it moving forward. C. Blurring the Vision…the perils of deviating from the Master Plan Dr. Parcell cautioned there are perils of deviating from the master plan, and he invited Planner Alexis Richards to talk about what happens when they blur the vision set forth in the master plan. Planner Alexis Richards cautioned that if the zoning ordinance is not updated to reflect changes in the master plan, implementing the plan becomes difficult. She added that variances to the updated zoning ordinance should be rare to ensure they are only allowing development that fits within the City’s vision. The various bodies need to evaluate projects based on the Master Land Use Plan, and without doing so, implementation will be spotty. She stressed implementation of the plan is difficult without the community’s support, so it is important that the plan reflects what the community needs and wants. Public education is vital so that residents feel empowered to participate in the planning process. She noted the new Master Land Use Plan will continue to add connectivity, and if not followed, the City can lose the opportunity to embrace alternate modes of transportation. Redevelopment should be carefully considered with the Master Plan to ensure they are working towards the overall vision, and they should not be developing “for development’s sake”. She concluded it will take patience to make sure they get quality developments. She invited Dr. Parcell to talk about ways the Master Plan can safeguard their vision. Dr. Parcell stated with the Master Plan in place and with the help of their boards and commissions, they can work together to mitigate some of the pitfalls Ms. Richards discussed. Regarding residential development, they need to balance new development with existing residents. It is important to not only protect but to celebrate the neighborhoods in Sterling Heights by naming them and coming up with ways to identify them in their significance Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 8 to the City. They need to thoughtfully take care of new development in a way that protects the existing housing stock but finds ways to amplify the neighborhoods, possibly through pattern book homes, finding missing middle housing in areas where it would be helpful for people to find access to some of the City’s high-density mixed-use nodes and corridors, or implementing different housing types such as ADUs (Accessory Dwelling Units) is important. He also emphasized it is important to find different cost points for people who want to move to Sterling Heights. He added they need to look at quality building materials to help enhance the building stock in the City. Dr. Parcell explained that for commercial development, it is important to balance good development with existing business owners. He is proud to work with the very strong business community here in Sterling Heights, and he explained they will need to be creative and help find ways for others to be able to develop in this area as well. Even though the City is close to fully developed, there are creative ways to bring new businesses in areas designated in the Master Land Use Plan, through overlay districts. They look for land use efficiency in their nodes, and he cited the area of Ryan and 18 Mile Roads as a very good example of how they can see to maximize every square foot of developable land. He provided some details on that area, noting there is a lot of underutilized parking in that area, which equates to a lot of land that is being underutilized. They can provide new development that is walkable and accessible and helps keep these businesses visible from the street front. He pointed out they are starting to see outlot development taking place in a lot of their large commercial developments. Another way to help the underused parking areas is with landscaping, and he explained they are placing an emphasis on their tree canopy moving forward, improving landscaping and signage to make sure the businesses are visible from the roadways, and finding opportunities for Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 9 them to locate in these nodes. He talked about the node at Dodge Park and 15 Mile Roads, noting there is parking behind the structures in some areas and there are sidewalks so people can walk freely into the businesses on the west side of the node. There is an opportunity in the south end of the node for prime redevelopment, and the businesses have a shared access agreement, so if it is something that meets the intention of the City’s master plan, they can work with these businesses during the master planning process to find out their intention of their development moving forward, find ways to help fill the vacancies, and create ways through the regulatory ordinances to help them succeed. Dr. Parcell explained the master plan will address the change in market demand, especially coming out of the pandemic, with a decreased need for office spaces and an increased need for housing. He invited Ms. Richards to conclude this portion of the presentation. Ms. Richards summarized that they want to stick to the Plan, update the zoning ordinance so that the Plan can be enforced, engage the public, and be thoughtful in how redevelopments are implemented. D. Making the Vision a Reality…the next steps Dr. Parcell stated this is the final presentation this evening, and he talked about how they can make this vision a reality. The master plan is a community-based vision for what they want the City to be, and he informed they will all be playing an integral role in this as they move forward. He stressed that planning is not just for tomorrow, but it is long-range planning that they anticipate will be the framework for the community for years to come. He pointed out they are already working on their 2040 Visioning Plan and already have a 2030 Visioning Plan, so their goal is to take all these sub-area plans, such as the North Van Dyke Avenue Master Plan, their Sustainability Plan, and their 2030 Visioning Plan, and fold them all together into their new Master Land Use Plan. Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 10 Dr. Parcell talked about the part that the boards and commissions will play in this, and he started with the Zoning Board of Appeals, noting that Board is the first line of defense for protecting the Master Land Use Plan (MLUP). He stated that variances should strictly be granted for hardships or practical difficulty, emphasizing that upholding the zoning ordinances helps to support the MLUP. He explained that the Planning Commission serves as their first line of review for future projects, including PUD plans and rezonings, and they make decisions on the approval of Special Approval Land Uses (SALUs). He added they should base their decision on the project’s alignment with the MLUP and Zoning Ordinance. Dr. Parcell explained that City Council is the final approving body for PUD concept plans, rezonings, as well as amendments to the code of ordinances to do studies and make sure they are up to best practices in reflecting what the City wants to have moving forward. The City Council can help broadcast the message of the community vision and working with Planning on the community vision sessions. He indicated they want Council to be involved. Dr. Parcell addressed the next steps to move forward in this process. He stated they want to prioritize development in their nodes, which should be done through phases in a thoughtful way that is intentional. They can work with developers in these nodes and point out where they can find opportunities to develop. Another step will be the Lakeside transformational district, and their beginning in 2017 has now brought them to an incredible, well-landscaped project, with a substantial investment to the City. He cautioned it will be crucial to follow what is outlined in their Master Plan, the Lakeside Plan, their Sustainability Plan, and their Code of Ordinances. He noted it is a very large intensive project that they only have one opportunity to pull off in the way it is envisioned by the City and what best benefits the City. He added that North Van Dyke Avenue is another opportunity they will have, with a lot of uses permitted and a lot of opportunity for developers. Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 11 He mentioned that development has already begun with the Chaldean Community Foundation. It will have parking in the rear and will face the street, making it a walkable development and provides opportunities for businesses and residents to move in. He showed photos of that community today and compared them to what they want to see in that district as a vibrant, welcoming community, explaining how this can be accomplished by creating areas for people to gather, public landscaping and seating, and public amenities that are friendly and enabled through the Master Plan. Dr. Parcell summarized the presentations, and provided some examples of pitfalls that could occur if developed in a way that goes against the Master Plan. He showed some poor parking that breaks up a downtown area, surface lot infill development that breaks up continuity and is considered inhibitive and not safe for pedestrians, and non-complimentary developments that do not fit in as far as appearance or use and can stunt development around it. He showed some photographs of these examples. Dr. Parcell concluded the presentations by stating everything they are planning focuses on the long-term, noting that quality development takes time. He reminded that all boards and commissions have a valuable role in land use and zoning, upholding the vision of the Master Land Use Plan, and he reminded they only get one chance to enact their vision. He thanked everyone for attending this evening and stated that he looks forward to receiving input and addressing questions and comments. Mr. Vanderpool emphasized the fact they only have one chance for some of this redevelopment, pointing out that many years ago there was much more greenspace, so they had more opportunities. He cautioned that, with the City being built up, the wrong use in the wrong place can set the master plan back by decades. They need to make sure they do not encumber the Master Plan with low-hanging fruit, such as a fast-food restaurant in a mixed-use zone, or possibly a warehouse in the Lakeside Center, and while Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 12 these uses serve a purpose and have a place in the City, they need to be thoughtful and mindful of the long-term consequences as to their placement and their effect on the Master Plan. He thanked everyone for attending this evening, and he thanked everyone who worked hard to put the presentations together and get the room set up for this evening. He stated they will move on to address comments or questions. 6. QUESTIONS AND COMMENTS – FEEDBACK FROM CITY COUNCIL, PLANNING COMMISSION, AND ZONING BOARD OF APPEALS Mayor Taylor thanked Mr. Vanderpool and the members of their Planning staff for their presentations this evening. It is important to develop the community in the appropriate way with the limited amount of available land remaining. He pointed out the Zoning Board of Appeals and Planning Commission will be receiving these plans first, so the City wants their input and wants them to be able to take over a part of this Master Land Use Plan process as well. He opened the floor for the members of City Council, Planning Commission, and Zoning Board of Appeals to ask questions and make comments. Councilman Yanez questioned Dr. Parcell as to whether Accessory Dwelling Units (ADUs) will create parking issues and how that will be addressed. He further questioned how the City’s Sustainability Plan fits into the Master Plan. Dr. Parcell explained the purpose of the Master Plan is to move forward with something that works for the community. The City allows street parking in some areas, so they will have to look at where they can find lots that can fit in. He noted there is a lot of data and a housing study that will go into the Master Plan, including a housing profile and recommendations on it, and he hopes they will find a great opportunity as they review that study. In terms of the Sustainability Plan, it is a fantastic plan, with a wide-ranging reach of recommendations for parks, non-motorized trails, and transportation options that fuel connectivity, and they will be able to use this to see where Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 13 development will be moving in the City going forward. They may be able to uncover a new mixed-use node that can be developed as a result. He commented that at a Planning Commission meeting, Mr. Inks had identified a node that may be great for public open space that could tie into the park system and also help with their non-motorized plan. They also need to look at how to increase landscaping, parking lots, and address runoff. Councilman Yanez questioned whether they consider sustainability a “checkbox” on the Master Plan when considering whether a specific plan is sustainable. Dr. Parcell replied affirmatively and added that the Sustainability Plan has a great list they want to model the Master Plan after, and that is “actionable items and responsible parties”. By having these, they will be able to guide development in the City in a much more thoughtful direction. Councilman Yanez brought up a comment in the presentation about using socio-economic data, and the City has started a journey on diversity, equity, and inclusion (DEI). He questioned whether that is taken into consideration. Dr. Parcell replied that building out a community profile is the first foundation of what they will find in the National Land Use plan and will be looked at closely. Everything will be based off an in-depth socio-economic profile in the community, their current standards, and their forecast moving forward that will be reviewed every five years according to statute. They will pair that with a housing condition profile and a land use assessment of the City. They hope to look at all this data and form recommendations on future development. They also look at community involvement and that is tied in as well. Councilman Yanez noted that modes of transportation are changing, and it will not be long before they are all driving electric vehicles (EVs) that need to be charged. They have also talked about driverless vehicles, and he questioned how transportation fits in to the Master Plan. Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 14 Dr. Parcell replied that addressing transportation is important, looking at all modes of transportation including non-motorized. He explained they have the opportunity to work with the regional authority in this process, and part of the notification process involves notifying the Regional Transit Authority, who will be able to weigh in and make recommendations regarding bus routes. He is aware the City is making a large push on EV parking and steps they are taking to move this forward. He assured once they start the notification process for the master plan, S.M.A.R.T. will be notified and brought to the table as part of their community stakeholder meetings. Councilman Yanez expressed his concern with the PUD process and the conflict it has caused between City Council and the Planning Commission. He stressed they all need to be on the same page. He explained how Planning Commission can deny a plan because they do not like some aspect of it, the developer changes it and the changed plan is presented to City Council. He would like to see the Planning Commission have another chance to reconsider the plan with the changes. Planning Commissioner Geoffrey Gariepy stated he has learned that being a Planning Commissioner is about balancing competing interests and trying to come up with win/win solutions. He mentioned they have seen cases where a development does not truly fit in with the City’s vision, citing the example of mixed use. They have had some cases where the use clearly does not fit, but they have had other cases where it is more questionable as to whether it fits in, with the use fitting in, but it is not a “mixed use” stacked on top of each other. He questioned how they balance the interest of the purchasers and developers with the City’s desire to move toward more of a mixed-use environment, while remaining within the confines of the law. He agreed with Councilman Yanez and his concern for the PUD process, questioning how they can resolve the problem so that the Planning Commission can revisit the plan once changes are made before it goes to Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 15 City Council. Mr. Gariepy replied to inquiry that he would like to see these concerns discussed, adding he has a great deal of respect for Dr. Parcell and his department. Planning Commissioner Brandy Wright stated they would like to see developers investing in this City, but if their plans do not match with the City’s Master Plan, it is not the job of the Planning Commission to “let them build whatever they want. She questioned whether they should be trying to make everyone happy, or should the City come first. Mr. Gariepy replied that property owners have the right to determine how they use their property, but that does not mean they can put anything they want on it. The people who are developing the land are the most closely in touch with the market, and the market has been proven over many decades to be a very efficient way to determine the best way to use a given entity. He is not sure they should be rejecting a development that is not totally in line with the City’s vision. Councilman Radtke clarified that the City establishes the Master Plan. The developer buys the property, and they should be looking at what they can build prior to purchasing that property. He added it is not up to the City to “make it right” if it was wrong to begin with because the developer bought the property. For that reason, the Master Plan should be held true. They need to look at the possibility of harmoniously putting these properties together. Planning Commissioner / Zoning Board of Appeals member Pashko Ujkic did not want to get into specific cases, but he felt the PUD should be approved by City Council because the mayor and city Council represents the City and leads the vision. He explained Planning Commission comments, but ultimately City Council should have the final say, so he is agreeable with the way it is now. He commended Dr. Parcell for the great job he does. Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 16 Planning Commissioner Gerald Rowe commented that, while they would like a particular node to be a “multi-use area”, but when someone comes in with a single development, it is the challenge of the Planning Commission to look at the Master Plan and the provision of the new nodes to determine whether that particular development fits in with the overall scheme for this particular node, even though it is only one use. He stated they have had a couple of these cases and have wrestled with it, but at the end of the day, the node will be developed with multi uses. The challenge is to deal with single-use applications, but he likes the idea of nodes to allow multi-use developments in the community. He complimented the staff on this process, noting they came up with a Master Land Use Plan update list, and they determined what can remain, what needs to be updated now and what may need to be updated in the future. They talked about some key areas and dynamics going on that they would like to see happen to the Master Plan, and housing is a big item. Developers have come in and want to develop higher-density apartment complexes through a PUD application. He agrees that higher density is a good thing, but he cautioned they also need to think about livability when there is not much open space, pointing out there is no way for the residents of these units to be outdoors. They have had split votes on some of these. Mr. Rowe commented that some of the shopping centers in the City are “tired”, both structurally and the way people are shopping for items online. He added they need to think about ways to address redevelopment of shopping centers to make them more viable. He also noted they want to address the area of offices, and although they do not want to get rid of all office development because they may have an eventual need for more offices, there are office buildings that are not utilized or underutilized. He indicated there is room for adaptive reuse of many of these existing office developments. He commented they need to be thinking about all these items as they address the Master Plan update. Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 17 Planning Commissioner Nathan Inks commented that one of the challenges they face with PUDs is especially in the mixed-use areas. The Master Plan currently focuses on mixed uses in a vertical sense rather than a horizontal sense. A lot of the PUDs they see coming into the mixed-use nodes are characterized as a “mixed-use” in a horizontal sense. He hopes this will be looked at as they are addressing the Master Plan update, and he would like to see the emphasis changed from only vertical mixed use in the mixed-use nodes and overlay districts, to also having express accommodation for horizontal mixed use. He anticipated that would solve a lot of the challenges they have faced. Councilwoman Ziarko questioned the part Administration takes to advise the petitioner prior to they get to the meeting. If the advice is given to the developers before they reach the meeting, it is then up to them whether they want to take their chances once they get there, and she felt it should not be that way. Dr. Parcell assured staff tries to put as many safeguards as possible in place when they meet with the developer. He complimented Mr. Fox on doing a great job starting a General Development Meeting, which includes representatives from Planning, City Development, Building, Fire, and Engineering, held every Thursday morning. The developer is invited to come in if he/she has a plan, at which time they are provided with feedback and help in fine-tuning the plan to ensure when they come back, it will meet site plan requirements. They recommend changes that they may make before they move through the process, so they can prepare the project for Planning Commission. He added they also have a process called a “pre- preliminary site plan review”, a free service they offer where they take a plan, route it through different departments that do a formal review that they send back to the applicant. The developer can either choose to take in the City’s considerations based on Zoning Ordinances and the Master Land Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 18 Use Plan, or they can choose not to make those changes. It ultimately comes down to the developer. Councilwoman Ziarko understands they do a lot of prep before it gets to Planning Commission or Zoning Board of Appeals, but it depends upon the developer as to whether they will challenge what the City has in place. Dr. Parcell stated he has had some projects that were submitted prior to his taking on this position six months ago, and they are still not ready to go to Planning Commission and they are still meeting with the developers. Councilwoman Ziarko understands if the developer choses to go in another direction despite recommendation by the City, then it is not up to the Planning Commission to tell them how to make those changes. Dr. Parcell explained it depends upon the process, because the PUD process is unique in that it allows for modifications to the Zoning Ordinance. He noted those may be to help facilitate development on a unique parcel or something that is a little higher density and something they are hoping gives the City a high-quality development in return. If it is something that can be easily addressed, he is happy to work with them and provide options to postpone and bring it back to Planning Commission. He felt staff could be more proactive in that if they see a meeting is going in that direction. Mayor Taylor noted Councilwoman Ziarko was focusing on a situation where the developers are being provided feedback, but they do not want to listen. He commented that he sees it differently and felt it may be a combination of both options happening. He noted the Planning Office has worked with the developer for months and has come to an agreement with the developer on a proposal that may seem viable with a number of variances, but the Planning Commission’s job is to review it themselves. They represent the community and the homeowners, and they may see it differently. He does not always view it as a developer going against what Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 19 they discussed in the Planning office, nor does he see it as the Planning Commission rejecting something. Mr. Parcell replied any of the instances Mayor Taylor discussed are possible. Mayor Taylor stated when that occurs, and the developer is listening to the Planning Commissioners’ feedback and modifying the plan before it comes to City Council, he questioned whether it is a viable option to have the developer go back to the Planning Commission for another round of the review process. He pointed out that time is of the essence for these developers, and the Planning Commission meets only once a month. Dr. Parcell explained staff has been working on a checklist for this type of review, showing how the project meets the intent of the Master Plan. There are times when the Planning Office is very comfortable moving it forward with some review, while there are other plans that need changes made first. He cited an example of a plan where the only changes were in the type of siding, as well as the addition of potential texturing and parapets in the entryways. He added he is very comfortable saying that these changes can be made, and it can go to Council. He cautioned that a lot of it will be made at the discretion of staff and working with the developer. If there is something that is so dire, the Planning Commission needs to re-review it, they are happy to work with the developer and bring it back to Planning Commission. They also have the ability to schedule a special Planning Commission meeting as long as it is scheduled and advertised properly, and they are happy to do that. Councilwoman Schmidt stated if a developer purchases a piece of property that is not zoned in the way they want to develop, then they are taking a chance in rezoning that property. She did not feel it is the responsibility of the City to let them do whatever they want. She understood limited timelines; however, it is not a reason for them to push something through or Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 20 feel the pressure to get it done. She recalled a development that came before City Council earlier this year where there were a lot of changes, and in those cases, the felt Administration needs to be extremely clear as to what changes were made since the Planning Commission reviewed and approved or denied it, as well as how many times Planning Commission has denied or approved the case. Planning Commissioner Brandy Wright questioned how many times someone is allowed to come back before Planning Commission. She suggested that possibly emailing the Planning Commissioners and polling them with the changes would alleviate that issue, adding she does not feel they should be coming back three or four times. Mayor Taylor felt after a decision has been made by the Planning Commission, any member of City Council can reach out to a Planning Commissioner or a member of the Zoning Board of Appeals if they have questions on the revisions in front of them. He is not sure he likes the idea of doing it in mass through an email vote, but he did not feel reaching out is a problem. Mr. Kaszubski replied to inquiry that putting them all on an email chain and having them comment all at once would be a bad idea, but Council members have ways where they can talk to a Planning Commissioner or a ZBA member, and they can decide whether they want to give their thoughts. Councilman Radtke questioned whether City Council can refer a plan back to the Planning Commission if it is drastically different than what was reviewed by them. Mr. Kaszubski replied that is correct and City Council has that option. Councilman Yanez felt that is a great point. He commented that Planning Commission and Zoning Board of Appeals carry more weight when it comes to the issues relating to PUDs, because that is all they do. Possibly they need to come up with a rule as to how many times it can go back before the Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 21 Planning Commission. He pointed out that approving or denying PUDs is just one of many things City Council does at their meetings but Planning Commission addresses these more in depth. Mayor Taylor questioned when the last Master Plan was adopted. Mr. Vanderpool replied it was adopted in 2017, with the review process starting about a year prior to that. Mayor Taylor reminded that in 2016, when the review process for the last Master Plan was started, they were coming out of the Great Recession, housing prices bottomed out around 2012 or 2013, and they were just a couple of years into an increasing housing market at that time. He noted that was pre-pandemic, so office properties were probably more in demand than they are now, and commercial properties were most likely recovering strongly in 2016. He pointed out there is a different set of priorities community-wide now, and that is part of why the priorities of the City Council, Planning Commission, and Zoning Board of Appeals are not in line with the priorities reflected in the documents. They need to look at the housing crisis, the fact that commercial properties are being underutilized with too much parking and very little need for office space. He emphasized this is why they are going through this Master Plan exercise now and why they need this input. He hopes that when this happens, it will correct many of the issues they are addressing. Mr. Gariepy recalled when the Master Plan was approved in 2017, they did not codify it into law, which he stressed is something they need to do this time. Planning Commission reviews and approves Special Approval Land Use (SALUs), and if the Planning Commission denies a SALU, it is binding, whereas if they deny a Planned Unit Development (PUD), it still gets forwarded to City Council. He commented that may be part of the problem is that they should possibly consider that, since the Planning Commission has a good idea as to what does and does not work from a planning Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 22 perspective, their decisions on PUDs should be as binding as they are on SALUs. He does not know whether that would work under the framework of the Michigan Zoning Enabling Act. He suggested if they are allowed to have the final say on PUDs, the developers may want to work closer with the Planning Commission to come to an agreeable solution. He referred to the earlier comment made that the Planning Commissioners represent the residents as much as the elected members of Council. He agreed with that comment, stressing that he wants to see the City thrive, progress, and continue to be relevant in the greater area in which they live. He was confident that everyone here feels the same way, and they each have different parts to play in driving towards that ultimate goal. He felt confident that they are ready to take on the role of issuing final decisions wherever they can. He pointed out that the City Council still writes the ordinances. Mayor Taylor appreciated Mr. Gariepy’s comments and opinion, although he is not sure that City Council should lose the final say. Mr. Ujkic appreciated that City Council members place their trust in the Planning Commission and Zoning Board of Appeals to make the best decisions. He commented that the Planning Commission and Zoning Board of Appeals should not be as harsh to the developer, and they need to be more understanding. He referred to a case where the Planning Commission made a recommendation for approval, but City Council did not vote that way, and it came right back to them. The developer made changes, the Planning Commission made a recommendation for denial, and it still did not make it to Council. He believes that City Council should have the final say on PUDs, and he is comfortable with it. He felt the quicker they can update the Master Plan and the Zoning Ordinance, it will resolve a lot of these issues. ZBA member David Graef commented that he can find nothing about electric vehicle charging stations in the ordinance, such as where they can Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 23 be located, how many, etc. He questioned whether they have investigated whether these stations will be a strain on their grid, and whether they have consulted DTE Energy. Dr. Parcell replied that this will take a great amount of research and coordination with regional authorities and something the City needs to be working on in terms of long-term planning and visioning. He cautioned that technology can change quite rapidly and it takes time and research to keep up with it in the ordinance. He indicated staff and administration are underway with this in collaboration with local energy providers to make sure they have a great solution. Mr. Graef expressed concern if the first case comes before them, and they have nothing to back it up. Dr. Parcell assured it is underway. Councilwoman Ziarko had recently asked how many charging stations are in Sterling Heights, and she has since found out that there are currently twenty-nine in the County, with two more being built on M-59. Mayor Taylor relayed that Mr. Vanderpool reported there are currently four charging stations in the City of Sterling Heights. Mr. Rowe recalled there was a joint meeting of the Planning Commission and ZBA many years ago in conjunction with the staff and it was very effective. At that time, it was noted that if there is a common set of cases that come repeatedly before the ZBA, it raises a red flag that perhaps the Zoning Ordinance needs to be amended. The planning staff generally brings that to their attention. He recalled that they have repeatedly heard common cases and, even though they have been passed in most cases, he suggested that the ordinance provisions be changed so they do not have to have these same cases coming before them. Mayor Taylor agreed, recalling that in 2022 they had many PUD cases come before them, many of them very similar in nature with similar themes Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 24 like parking, recreational space, density, and setbacks. If every development is doing that, then they need to get that feedback and incorporate it into the Master Plan. At that point, they can give it the force of law. Planning Commission Vice-Chairman Nathan Inks noted he was looking through the Zoning Ordinance a couple of weeks ago in preparation for this meeting, and he noticed there is a provision in the ordinance that the Planning Commission is supposed to perform a comprehensive review of the ordinance every three years. He questioned the last time the Planning Commission did this review. Mr. Kaszubski replied that is a good question that Mr. Inks had forwarded to him in an email, so he did some research. He explained the ordinance places the responsibility on the Planning Commission to do a comprehensive review of the zoning ordinance, but it is not necessarily a three-year window. It says if it is reviewed, they must wait another three years before they can review it again, but there is no mandatory timeline for when they must do it. He indicated this was adopted about thirty years ago, but he cautioned a comprehensive review is a “heavy lift” with the hiring of consultants, obtaining a budget from Council, and going through an extensive process. He clarified that the City’s ordinance has been amended and updated almost yearly as issues arise. He cited the example of the Master Plan update in 2017, which brought forward the vision of mixed-use nodes, but all of that was adopted and has the force of law. They will be doing the same thing as they update the Master Plan once again. He noted there have been multiple updates from the expansion of uses, such as microblading in salons, which never existed ten years ago. He is confident there will be more to be done as they complete this Master Plan. Mr. Inks felt ensuring a proper balance of parking in the mixed-use nodes along the North Van Dyke Avenue District and Lakeside Districts will be Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 25 crucial to make sure they are not overparked or under parked in those areas. He questioned the role they see the City playing in ensuring a proper amount of parking in their mixed-use areas, whether it is working with developers on shared parking agreements or having city-owned parking lots. Dr. Parcel explained they are going through a parking study, and there is a wide variety of things that may come from that study. He noted Mayor Taylor had said that a developer best knows their project and the parking required more than the City will, so they are open to that in the PUD process, as well as finding creative solutions, such as land-banking spaces. If they are open and find out they are severely deficient in parking, they will have the room to open more spaces in the future by carving out some unused developable land. They are in favor of shared access parking, and he pointed out that horizontal mixed use affords them the opportunity to tie the uses together even if they are stand-alone in a structure. He assured that everything is grass-roots research-based, meeting with the business community and developers, and their recommendations will reflect what they find in that process. Councilman Radtke commented that mixed use nodes have the most potential to be transformative, but they will require strict design standards to be successful. He cited an area along Nine Mile Road in Eastpointe where they have very comprehensive plan with strict standards that the developers will be held to when developing along that stretch. He indicated that any existing building can remain, but any new building must be brought to the street, be a minimum of two stories, the entrance must be on the street, and parking must be alongside or behind the building. All parking is to be separated from pedestrian areas with a knee-wall. They will close driveways so pedestrians can walk down Nine Mile, and they are going to create on-street parking along that stretch of roadway. He cited other areas Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 26 where similar restrictions are being put into place, and to this point, he noted that the City’s ordinance is nearly silent on these items. Councilman Radtke added that, while he appreciates horizontal mixed use, they are trying to create a “building wall” separating the public from the private, especially in the North Van Dyke Avenue District. He is pleased they are going to do some sub-plans for Lakeside and for North Van Dyke Avenue. He acknowledged the rest of the City will be the same as it has been, but he felt they should expect something different for the nodes. He felt any type of drive-through or vehicular use businesses should be banned from the nodes, although if they are there already, they should be allowed to stay. Once they have the Master Plan in place, he would like a review of the Zoning Ordinance to collapse the zones. He felt the average person does not know the difference between the different commercial or residential zones, and it could be simplified. He noted they will not be able to change their entire development pattern overnight, but within the zones, they can say this is something different. He suggested municipal parking lots may be the solution for the North Van Dyke Avenue District. He stated he is strongly in favor of ADUs and Missing Middle Housing, but he felt the on- street parking that is provided for residents is used about twenty percent of the time or less. He did not feel it is necessary to have more parking for ADUs or more parking for Missing Middle Housing, and the advantage of on-street parking is it slows traffic down in residential areas. He commented that Planning Commission has too many SALUs coming before them, and many of them are simple, such as the hours that certain businesses can be open. He suggested they establish business hours that make sense in the community, and the City can handle it administratively. Councilman Radtke commented that a lot of the outdoor patios approved in the City in response to the Covid pandemic are not a problem, and he would like to see approval of those as a simpler process. Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 27 Mr. Vanderpool replied to inquiry that they have not had complaints about the outdoor seating areas, and it is on their list of things to relax and change through this process. He agreed there is a need to be more flexible with some of these uses, not only for restaurants, but also for some retail establishments that would like to be able to move out onto their sidewalk with fewer bureaucratic hurdles. Councilman Radtke appreciated that and mentioned some other ideas. He felt businesses solely based on the automobile, such as car washes, dealerships, gas stations, and drive-throughs, should be banned from their mixed-use nodes. He complained about drive-through facilities that are all adjacent to each other, but they need to think about how this is affecting nearby businesses, adding that drive-through lines create pollution. He felt that they should be looking at the gazebos, which are clearly against the code of ordinances, but people enjoy them. Their ordinance needs to make sense for how people are living. He also felt setback requirements should be altered. He talked about courtyard homes, where four homes are on a stub street that cannot be parked on but can be used as an access, and this would allow them to utilize housing more effectively. They would not be allowed under current ordinance requirements because of setback requirements. Councilwoman Koski questioned Dr. Parcell’s thoughts on the current master plan and where he feels the changes will be needed. Dr. Parcell replied it has set a great framework that has led to the accomplishment of a lot of wonderful projects. He stated where the plan can start to become deficient is involving everything that has happened in the last five years, for better or worse as they have come out of the pandemic. It has drastically changed how they evaluate land use and the type of efficiency that is going to be needed in the City to help developers make projects feasible. They must address different types of office uses, Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 28 and they are moving forward with the Lakeside project, which needs to be addressed much more thoroughly in the Master Plan to ensure that project is done correctly and benefits the City. The Sustainability Plan has a lot of things that need to move forward, and housing needs to be evaluated at a higher level. He felt the biggest deficiency in the current Master Plan is addressing actionable items that are achievable from their boards and commissions and their staff. He emphasized that moving forward with all these sub-areas allows them to move forward in creating a very development-friendly city. Councilwoman Koski questioned how Dr. Parcell sees the preservation of the existing neighborhoods. Dr. Parcell replied that master-planning is a safeguard for the existing neighborhoods. Identifying the neighborhoods that are the backbone and foundation of Sterling Heights is important and giving them recognition in what they contribute to the community is something that will be involved in the Master Plan. Preserving these areas where single-family is best will be involved in their housing study. When they choose ways to enhance their neighborhoods through ADUs or different types of pattern book homes, increasing development intensity in the neighborhood to help create different types of housing, that has to be done intentionally as well in areas that do not infringe upon the existing neighborhoods, and they need to preserve their existing housing style celebrated through the master plan process and move forward in open areas that can withstand increased intensity. Councilwoman Koski stated she has always believed the Master Plan is their vision for the future of Sterling Heights. She emphasized their residents are the most important, so she wants to make sure they do not infringe on their rights. She understands they will be collecting input from the residents, and she questioned as to whether they will be looking at some Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 29 of the issues that petitioners have brought to ZBA and the Planning Commission which involve changes they may need to make, either in planning or zoning. Dr. Parcell agreed that will be something they will be looking at. He added that working with the community is a great way to create an educational process as well, noting that education can flow both ways, educating staff and boards and commissions as to what they want in the plan, but also helping to clear any barriers they have with anyone in the public that has questions about what the City is envisioning as they move forward. Councilwoman Koski like to see written guidelines for mixed use developments. Dr. Parcell stated he would love to see that as well. He advised it is a long process, and the time and resources they are spending on the master plan is to set the next stage of this process. They will then create a code of ordinances that enforces it. Councilwoman Koski stated she would like to see the written guidelines for PUDs so they can critique it and determine what should be changed. Dr. Parcell assured that they are open for any type of comments, criticism, or critique on anything they have as a process now to better it for their developers and residents. Councilwoman Koski stated they do not have a downtown because they “had a downtown on every corner with a gas station”. She stressed she does not want to go back to that, and she likes the vision they have and the direction in which they are going. She does not want to see zero-foot lot lines and she does not want a storefront on the edge of a ten-foot sidewalk, then step into the road, with all the parking in the back. She stressed they want the appearance of their businesses and homes to be appealing, and she questioned how they can maintain their property if they have a zero- foot lot line. Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 30 Dr. Parcell replied it is about finding where it is most feasible and then finding a developer to work with in that area. He clarified it is not something they envision being throughout the city in all their zoning ordinances and they will still maintain setbacks as required, like what they have currently. He cautioned that when they come into these mixed-use nodes where land is at a premium, allowing flexibility and working with the developers is an option they would like to keep open, but it is about finding where it is feasible. Councilwoman Koski reminded Dr. Parcell that when they come across a situation like that, to look at the big picture, and if there are zero-foot lot lines, they need to record easements that run with the land and grant permission for adjacent property owners to have access to maintain their properties. Dr. Parcell stated that is a great point and something they are starting to evaluate, especially with access to some of these larger parcels. Councilwoman Koski is looking forward to seeing the drafts that will be put together. Mayor Pro-Tem Sierawski appreciated comments made by Councilwoman Koski and Councilman Radtke about the mixed-use nodes and getting very specific requirements in writing. She felt everyone needs to know what they are looking at, so it needs to be clear and precise. She agreed with Councilman Radtke about reevaluating the zoning districts. She is very interested in pattern book homes, and although there is not a lot of space to develop residential properties, she lived in a pattern book home in Harper Woods and loved it. She commented that ADUs are interesting, although she does not want to see these on everyone’s property. She likes the idea of “he-sheds” and “she-sheds” as creative ways for people to utilize their property. She expressed concern that if additional parking is needed as a Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 31 result, it could be a problem if a lot of cars are parked on the street, creating an unsafe environment for kids to play. Councilwoman Schmidt noted they have talked about the “tired” shopping centers, and she questioned whether there is a plan to get the owners together to go over potential plan changes and options for them to make them “less tired” in appearance. Dr. Parcell replied they can freeform the Master Plan public sessions however they like. They have a lot of business centers, so he would like to pull together business owners and have a separate survey, specifically related to their business community, to make sure they feel included in the process. The Master Plan and Zoning Ordinance can potentially impact them and their business, so they want all the feedback they can get from them. Councilwoman Schmidt questioned whether any developers have approached the City about developing a little home community. Dr. Parcell stated he has not been approached about that since he has been here. Councilwoman Schmidt stated she would be excited to see if there is a place for one of those developments. She felt when they talk about affordable housing, that would be considered affordable. She added that she does not consider $1,600 per month for an apartment as affordable housing. Mayor Taylor thanked everyone for being here tonight. He felt it was very productive and provided a great opportunity for the boards and commissions to get together and share their vision. 7. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for comments from the public. • Jim Bauer, resident of Sterling Heights – stated this was a great meeting and liked the fact they all got together; suggested it be done on an annual basis. 8. CLOSED SESSION Special Joint Meeting of City Council, Planning Commission, and Zoning Board of Appeals Tuesday, May 9, 2023 Page 32 There was no closed session this evening. 9. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried (7/0) and the meeting adjourned at 9:16 p.m. MELANIE D. RYSKA, City Clerk