Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL MARCH 13, 2014 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI. SUBJECT: Minutes of the Regular Meeting of the Planning Commission held March 13, 2014. Vice Chairman Reinowski called the meeting to order at 7:02 p.m. Members present at roll call: Benjamin Ancona, Al Kollmorgen, Edward Kopp, Stefano Militello, Jeffrey Norgrove, Leonard Reinowski. Members absent at roll call: Paul Jaboro (excused). Donald Miller (arrived 7:06). Gerald Rowe (excused). Also in attendance: Donald Mende, City Planner Clark Andrews, City Attorney Tina Viazanko, Recording Secretary APPROVAL OF AGENDA Moved by Militello, supported by Kopp, to approve the agenda as presented. Ayes: Militello, Kopp, Ancona, Kollmorgen, Norgrove, Reinowski. Nays: None. Absent: Jaboro, Miller, Rowe. Motion carried. PPCM-1134 MARK & AGNES YARSIKE Requested Action: Temporary Use Approval Proposal: Outdoor Nursery Sales Location: Northwest corner of 15 Mile and Schoenherr Roads Existing Zoning: C-2 (Planned Comparison Business) Mr. Mende stated this is a Temporary Use request for outdoor flower sales, which is located on the northwest corner of 15 Mile and Schoenheer. Mr. Mende displayed the site plan. The property is zoned C-2. Planned Comparison Business and the flower sales have been in this location for the past several years. The petitioner has provided a rudimentary drawing that indicates two display areas, one dimensioning approximately 90’ x 100’ west of the bank and one approximately 20’ x 100’ adjacent to the front berm/landscape. Temporary Uses are allowed to be approved administratively, which has been done for the past several years for this operator at this location. However, the zoning ordinance does state the Planning Office cannot grant administrative approval if there were prior violations, problems or complaints with a Temporary Use. The Code Enforcement Department had noted that violations existed the previous summer. These included:  Expanding the size of the sale beyond the approved area.  Occupying a tenant space in the plaza without a certificate of occupancy.  Temporary signs in excess of allowed.  Improper material storage on plaza sidewalk.  Parking complaints from Planet Fitness. As a result, administrative approval of the Temporary Use request cannot be granted and must be reviewed by the Planning Commission. The petitioners, Moses & Agnes Yarsike were present. They are partners in this business together. Mr. Yarsike stated the City said there were two signs put up for their business. They only put up one sign. Two years ago he did put up an empty flower rack in front of the vacant drug store. There was a note put on his door that it couldn’t be there from the fire department so he moved it immediately. He never expanded outside his space. Mr. Yarsike does not recall Planning Commission Minutes Regular Meeting of March 13, 2014 Page 2 the violations. They built a nice business in the community and they are very well liked. They would like to continue doing business at this location. Vice Chairman Reinowski opened the public hearing. Brian Rief was present. He is one of the individuals who bought the vacant Farmer Jack adjacent to Mr. Yarsike’s flower shop. He is also the franchisee who opened the Planet Fitness. Mr. Yarsike approached them to have the same arrangement that he had with the previous owners. Mr. Rief opted not to do business with Mr. Yarsike because their business is parking intensive. It is not a reasonable use for the parking lot. There were a lot of parking issues last year. It is not an appropriate use for the parking lot. Mr. Rief opposed approving this variance. Mr. Reinowski asked if Mr. Rief could expand on the parking complaints. Mr. Rief stated they have a cross easement agreement with the adjacent landlord. Mr. Rief showed where the flower shop was set up on the plans. Mr. Rief stated Planet Fitness parking ended up being consumed. The church was also complaining because there was limited parking for them on Sundays. Mr. Kollmorgen asked if last year was Planet Fitness’ first year in the shopping center. Mr. Rief stated they opened in late 2011. Mr. Norgrove asked on a given Sunday between the church and Planet Fitness what percentage of the parking is full. Mr. Rief stated it is pretty full. Mr. Militello stated he drove past this location and the parking lot was packed and went all the way to 15 Mile Road. Mr. Norgrove asked Mr. Mende if they will be heating any outside plants and what type of canopy will they have. He also questioned how they will run the water to that area. Mr. Mende stated in previous years the petitioner has not heated the property. His application did not indicate it for this year. Water service does come from the existing strip mall. In previous years there has been some latticework that has provided shading for the plants. Mr. Kollmorgen asked Mr. Yarsike to explain the violation with the certificate of occupancy. Mr. Yarsike stated he has a certificate of occupancy. He stated the year before he had all of his inspections done by the City. He never saw the certificate. He thought they would mail it to him. He was surprised when Mr. Mende told him he didn’t have a certificate, so he had to reapply. The landlord requires him to rent space in the strip mall to have the flower sales in the parking lot. He also mentioned that Sundays are the slowest mornings for their flower sales. The church complains to him about Planet Fitness parking. He stated there is ample parking. Mr. Kollmorgen asked where the improper material storage was. Mr. Yarsike stated it was displayed on the benches. The canopy is not on the property line. He displayed where his flower sales were and showed they were 15’ off the property line. Mr. Militello asked Mr. Mende if the ZBA approved the church to expand into the old CVS spot. Mr. Mende said the ZBA did approve them to expand but he was not sure where it stood with the review in the Building Department. Mr. Ancona asked if the Code Enforcement issues were on record. Mr. Mende stated since it was a Temporary Use it would not go in front of the Ordinance Board of Appeals for nuisance abatement. The issues were documented and the tenant would have knowledge of the issues. Planning Commission Minutes Regular Meeting of March 13, 2014 Page 3 Motion by Norgrove, supported by Miller, In the case of PPCM-1134, 13331 Fifteen Mile Road, I move to DENY the Temporary Use based upon the facts and plans presented in public hearing, for the following reasons: 1. The petitioner has been in non-compliance with previous temporary approvals. 2. The petitioner occupied a tenant space in the plaza without a valid Certificate of Occupancy. 3. Adjacent tenant has complained about the previous temporary use. Roll call on motion: Ayes: Norgrove, Miller, Ancona, Kollmorgen, Kopp, Militello. Nays: Reinowski. Absent: Jaboro, Rowe. Motion carried to deny. PZ14-1127 MARTIN MANNA (CHALDEAN COMMUNITY FOUNDATION) 3561 & 3601 15 MILE ROAD Requested Action: Conditional Rezoning from R-60 (One Family Residential) to O-1 (Business & Professional Office) Proposal: Chaldean Community Foundation Center Location: North side of 15 Mile Road between Ryan Road and Shell Drive in Section 30. Existing Zoning: R-60 (One-Family Residential) Mr. Mende stated this is a request for a proposed conditional rezoning from R-60 (One Family Residential) to O-1 (Business & Professional Office) District. The subject property consists of two lots that would be combined as part of the proposal. The combined property dimensions are approximately 210 feet x 285 feet, totaling 1.8 acres. Property abutting to the east is zoned C-2 (Planned Comparison Business) and is developed with the Hatherly Commons Shopping Center. Property abutting to the north is zoned RM-2 (Multiple Family – Low Rise District) and developed with the Palmer Woods Condominiums. To the south across 15 Mile Road the property is zoned 0-2 (Planned Office) and is developed with the Henry Ford Medical Center. Property to the west is zoned R-60 and is developed with a single family home. The petitioner is the owner of the property and is requesting this zoning change in order to construct offices for the Chaldean Community Foundation. The proposed building is one story and approximately 11,600 square feet. The Foundation is currently located in rented space at the Times Square shopping center at the northeast corner of 15 Mile and Ryan Roads. This center recently received approval by the Planning Commission for a Commercial Redevelopment Planned Unit Development and is undergoing renovations and securing new and expanded tenants. The foundation is the charitable arm of the Chaldean American Chamber of Commerce with the mission of advancing the needs of the Chaldean community through education, charitable giving, advocacy and social services to assist with American acculturation. With this conditional rezoning to 0-1, the petitioner has offered to the City of Sterling Heights to restrict the use of this property to office use providing office space and meeting rooms for staffing and professional/counseling services. As this is a conditional rezoning agreement, the petitioner has further offered that the development will be constructed in accordance with the plans submitted. The petitioner may not deviate substantially from or add to the approved use of the property without review and approval by the City Council. Planning Commission Minutes Regular Meeting of March 13, 2014 Page 4 Hours of operation are intended to mirror those of the existing location: Monday – Friday 8:30 am - 5:00 pm, closed Wednesdays to clients. No variances are being requested with this proposal and the site plan can meet all the specific conditions of the ordinance. The petitioner, Victor Saroki of 430 North Old Woodward was present. He is the architect for the Chaldean Foundation. They have worked with the City to make sure they observe all the ordinances to meet or exceed the requirements of the zoning board. Martin Manna is also present. The proposal is for a one-story brand new office building. They are asking for a conditional rezoning. The ordinance requires 53 parking spots. They have 67. They have nice, detailed landscaping plans. They visited one of their neighbors who were impressed with the development. The neighbor asked for additional landscaping, which they will do. They put in a continuous arborvitae hedge so it will give them year round foliage. They also have the Norway Maple trees too. They are directly adjacent to a retail shopping center; behind them is a multiple residential use. The property size can accommodate this proposal. The main entry is from the front. Nice windows and metal frames and a very nice attractive entry detail. The arches are a reflection of the Chaldean history. Vice Chairman Reinowski opened the public hearing: Launa Keyes stated she lives to the west and her house is directly next to where the property is being built. She did receive notification of the meeting and she wanted a little more elaboration from the architect. Mr. Saroki showed Ms. Keyes the plans and explained everything they are planning on doing. Her concern is for her son that is in 7th grade that walks to school. Susan Kattula, 5310 Dixon, Sterling Heights. She is on the Sterling Heights Ethic Committee. She is also on the Warren Consolidated School Board. She understands Ms. Keyes concern. She just wanted to reiterate that these are families who will be attending the Foundation for help. Sidewalks are available all the way to Grissom Middle School. Mr. Kollmorgen asked Mr. Mende if the four foot hedge requires a variance. Mr. Mende stated the ordinance does allow different screening options, such as a 6’ screening wall or a landscape option. Mr. Kollmorgen asked Mr. Manna how long it will take to complete this project in a reasonable amount of time. Mr. Manna stated they run at a 3 million dollar budget. They are the Chaldean American Community of Commerce and Foundation. They have paid for the land in cash and they are embarking on a three million dollar capital campaign. They will have money on loan until their capital campaign is completed. Mr. Norgrove asked Mr. Mende if this business should closed, could this be rezoned for another use. Mr. Mende stated any property owner does have a legal right to make application for a zoning change. In this instance if City Council approves the zoning change the conditional rezoning will be in effect for any subsequent owner who wanted to use the building for anything other than what it was agreed to. It would have to go back to City Council for an amended agreement. Mr. Norgrove asked with this zoning are they allowed any after hour events or charitable events with alcohol. Mr. Mende stated only office and related service uses are allowed in that zoning district. There are no banquet halls or assembly uses and it is not being proposed as part of this conditional rezoning agreement. The 0-1 office district specifically prohibits it. If the hours extend into the early evening it is not prohibited, but any gaming will not be permitted. Mr. Manna stated he is on record that they do not get involved in gaming at all. There will be no alcohol sales. They may have some evening events, but these are strictly educational. Planning Commission Minutes Regular Meeting of March 13, 2014 Page 5 Mr. Ancona asked Mr. Mende if there will be a stop sign for people coming out or maybe a speed bump. Mr. Mende the petitioner will have to go through our normal review process and certainly we can look at a stop bar to give a motorist a visual queue to be aware. A stop sign can be looked at as well. It will not be a traffic control order. They can explore that with the Traffic Safety Division. Motion by Militello, supported by Norgrove, In the case of PZ14-1127, Martin Manna, I move to recommend APPROVAL of the request to rezone property located at 3561 & 3601 Fifteen Mile Road in Section 30 from R-60 (One-Family Residential) to 0-1 (Business & Professional Office based upon the facts and information presented in public hearing for the following reasons: 1. Conditional rezoning of this parcel based upon the proposed conditions and development plans will ensure that the development will be constructed in accordance with a specific zoning agreement between the petitioner and the city, to the benefit surrounding property owners and the city; 2. Conditional rezoning of this parcel based upon the proposed conditions and development plans will result in a development compatible with the surrounding zoning and land uses; 3. Conditional rezoning of this property would provide a suitable land use in keeping with the stated planning principles as defined in the City’s Master Land Use Plan. Roll call on motion: Ayes: Militello, Norgrove, Ancona, Kollmorgen, Kopp, Miller, Reinowski. Nays: None. Absent: Jaboro, Rowe. Motion passes. CITIZEN PARTICIPATION There was no citizen participation. APPROVAL OF MINUTES – FEBRUARY 13, 2014 Moved by Mr. Militello, supported by Miller, to approve the Minutes of the February 13, 2014, Regular Meeting. Roll call on motion: Ayes: Militello, Miller, Ancona, Kollmorgen, Kopp, Norgrove, Reinowski. Nays: None. Abstain: None. Absent: Jaboro, Rowe. Motion carried. CORRESPONDENCE Jan/Feb Michigan Planner Monthly Planner from Mayor Notte There is nothing on the agenda for next month as of yet. OLD BUSINESS There was no Old Business. Planning Commission Minutes Regular Meeting of March 13, 2014 Page 6 \ NEW BUSINESS Mr. Norgrove wanted to let the committee know he will be attending the educational workshop for new commissioners on March 26th in Port Huron. ADJOURNMENT Moved by Militello, supported by Norgrove, to adjourn at 7:58 p.m. Ayes: Militello, Norgrove, Ancona, Kollmorgen, Kopp, Miller, Reinowski. Nays: None. Abstain: Absent: Jaboro, Rowe. Motion carried. Respectfully submitted, Ben Ancona, Secretary Planning Commission