Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL JULY 10, 2014 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI. SUBJECT: Minutes of the Regular Meeting of the Planning Commission held July, 10, 2014. Chairman Ancona called the meeting to order at 7:00 p.m. Members present at roll call: Ben Ancona, Paul Jaboro, Al Kollmorgen, Edward Kopp, Stefano Militello, Donald Miller, Jeffrey Norgrove, Leonard Reinowski. Members absent at roll call: Gerald Rowe (excused) Also in attendance: Donald Mende, City Planner Clark Andrews, City Attorney Renee Bayer, Recording Secretary APPROVAL OF AGENDA Motion by Militello, supported by Kopp, to approve the agenda as presented. Ayes: Militello, Kopp, Miller, Norgrove, Reinowski, Ancona, Jaboro, Nays: None Absent: Rowe Motion carried. PPCM-1137 – JONATHAN A. ANDERSON Requesting Special Approval Land Use to allow a body art facility – South side of Hall Road between Schoenherr and Hayes Road in Section 1. Property Address: 14600 Lakeside Circle Mr. Mende explained that the body art facility is proposed for the 1 million sq. ft. Lakeside Mall and the use intends to occupy a 1719 sq. ft. tenant space. Mr. Mende stated that body art facilities are proliferating in popularity throughout communities nationwide and the City has experienced an increase in the number of inquiries made to locate in Sterling Heights. The City regulates these uses through the issuance of licenses or permits as authorized by state law. Body art facilities (tattoo and piercing) were recently provided for in the zoning ordinance via a text amendment that was adopted by City Council in 2008. Body art facilities are not dependent upon the surrounding neighborhood for their market. In fact, the use can be classified as a comparison shopping facility whose market extends far beyond the immediately adjacent neighborhood. Restricting these uses to the C-2 Planned Comparison District recognizes this market draw. Planning Commission minutes Regular Meeting of July 10, 2014 Page2 It is further noted that restricting the location to planned shopping centers helps minimize potential negative impacts by de-emphasizing their visibility and their impact on the nearby residential neighborhood. State law does not authorize local communities to license body art facilities, or “tattoo parlors,” but it does allow local communities to require that such facilities obtain a local permit to operate within the community. Licensing will, however, be handled by the Michigan Department of Community Health and effective January 1, 2009, a fee is charged by the State for an initial 3-year license. The City Clerk may issue a local permit upon proper application. This will be required in this instance. All body art facilities are required to comply with all of the obligations set forth in state law, including all sanitation and record keeping requirements. State law requires the County Health Department to annually inspect all body art facilities. Local ordinance also limits hours of operation to 11:00 a.m. – 8:00 p.m. The Office of Planning has completed its review and has determined that all of the specific conditions contained under Section 12.02 I and other applicable design standards identified under Zoning Ordinance No. 278 have been met. Section 25.02 General Standards shall also be considered by the Planning Commission when reviewing the appropriateness of each case as it relates to the proposed land use. As it relates to the required Special Approval Land Use conditions as listed in Section 12.02 I this proposal meets them. Specifically:  All body art facilities shall be located in a consolidated shopping center with gross floor area exceeding 100,000 sq. ft. Such uses shall be an integral part of the center and shall not be located within a freestanding building.  A body art facility shall not be located closer than 1,000 feet to an adult entertainment use, pawnbroker, resale shop, or other body art facility measured by the shortest walking distance between the customer entrance of each use.  All customer entrances to a body art facility shall be located at least 1,000 feet from any church, school, playground, or public park and at least 500 feet from any residential zoning district measured by the shortest walking distance from the property line of such use to the customer entrance of the facility.  The body art facility shall obtain and maintain any licenses required by local or state law, and shall operate the facility in full compliance with any local, state or federal regulatory ordinances or statues, rules, or regulations. Lakeside Mall is considered a Regional Shopping Center. This area is a very intense commercial shopping district, and this use has no difficulty meeting the locational requirements of the zoning ordinance. Parking for the center is in compliance with all requirements. The petitioner, Jonathan Anderson, 1404 Lincoln Ave., Pt. Huron, MI 48060, stated that he has been in the tattoo industry for over a decade. He opened his Planning Commission minutes Regular Meeting of July 10, 2014 Page3 first tattoo shop in 2009 in the Birchwood Mall and has had great success and wants to share this with your area. We do a lot of community involvement and feel it’s really important to provide a safe and professional place to get this type of work done. Mr. Militello asked Mr. Mende about the hours being 11 a.m. – 8 p.m. where Lakeside has a strict policy of their hours being 10 a.m. – 9 p.m., will that be a problem for the petitioner. Mr. Mende stated that the petitioner has to abide by the local ordinance regulating hours. Mr. Reinowski asked if there would other employees and petitioner stated yes. Mr. Kollmorgen asked petitioner if he would be keeping Birchwood Mall facility and would the petitioner be supervising the Lakeside Mall shop. Mr. Anderson stated that he is keeping the Birchwood Mall facility and he would be managing the Lakeside Mall shop until he can get a good team together to manage the Lakeside Mall facility. Mr. Norgrove asked about the sterilization process along with how do they make sure someone is not underage that is getting a procedure done. He also wanted to know about the signage and if they do cosmetic work for cancer patients. Mr. Anderson stated they do not do cosmetic tattooing such as eyeliner, but we do nipple reconstruction tattooing for breast cancer survivors. As far as sterilization, for tattoos, we use single use equipment that we throw away and for piercings we soak the reusable tools in a cold soak for 10 hours in MedaCide FD, then they are scrubbed, cleaned and packed like hospital type sterilization. We do not do any procedures on anyone that does not have an ID and we have a booklet that shows what current ID’s look like and what do look for on a fake ID. As far as signage goes, we only have a decorative sign that shows our name and that’s all we have. Mr. Miller inquired as to how they demonstrate their designs. Mr. Anderson stated that most of the time they will do a consultation with the customer. The customer usually comes in with an idea of what they would like and we then will draw it . We do have a poster case of our designs that customers can flip through in the back area. Mr. Ancona asked how often they encounter fake ID and what steps they take to make sure the ID is not fake. He also asked what the penalties are for the facility if they did do work on a minor. The petitioner stated that he has never encountered a fake ID and they do have the most current official guide book that shows the way the most current ID’s should look and feel like. He has had people come in with no ID but they will not do anything on anyone that does not have an ID. Mr. Anderson is not aware of what the penalties are for doing work on a minor since he has never done any work on anyone without valid ID or consent. Planning Commission minutes Regular Meeting of July 10, 2014 Page4 Mr. Kollmorgen asked Mr. Mende if there were any type of these facilities already in Sterling Heights and if there were any problems/police reports on them. He also asked if the standard notification was sent out on this. Mr. Mende stated that he believes there are three studios and to the best of his knowledge there have been no problems. The standard notifications were sent out regarding this facility. Mr. Reinowski opened the public hearing. There were no public comments. Motion by Militello, supported by Miller, In the case of PPCM-1137, Jonathon Anderson, 14600 Lakeside Circle, I move to APPROVE the Special Approval Land Use based upon the facts and plans presented, subject to the following conditions: 1. That the development and operation of the facility shall remain consistent with the scale and nature of the use as described in the proposal, at Public Hearing and reflected on the site plan received date June 10, 2014; 2. That the petitioner shall develop, maintain and operate the facility in compliance with all pertinent codes, ordinances and standards of the City of Sterling Heights, County of Macomb and the State of Michigan; 3. That the petitioner complete the site plan review process and comply with all standards of the Offices of Planning, Engineering and Building Services; 4. That the proprietor must obtain and maintain all required local and state licenses; 5. That the petitioner file a Notice of Approval with the Macomb County Register of Deeds within sixty (60) days following the approval of minutes of this meeting. Failure to file this notice will serve as grounds to revoke the Special Approval Land Use; 6. The decision of the Planning Commission shall remain valid and in force only as long as the facts and information presented to the Commission in the public hearing are found to be correct and the conditions upon which this motion is based are forever maintained as presented to the Commission. Roll call on motion: Ayes: Militello, Miller, Norgrove, Reinowski, Ancona, Jaboro, Kollmorgen Nays: None Absent: Rowe Motion carried. CITIZEN PARTICIPATION There was no citizen participation. Planning Commission minutes Regular Meeting of July 10, 2014 Page5 APPROVAL OF MINUTES – JUNE 12, 2014 Motion by Militello, supported by Miller, to approve the Minutes of June 12, 2014, Regular Meeting. Roll call on motion: Ayes: Militello, Miller, Norgrove, Reinowski, Ancona, Jaboro, Kollmorgen Nays: None Abstain: None Absent: Rowe Motion carried. CORRESPONDENCE None OLD BUSINESS None NEW BUSINESS None ADJOUNMENT Motion by Militello, supported by Miller to adjourn at 7:20 p.m. Ayes: Militello, Miller, Norgrove, Reinowski, Ancona, Jaboro, Kollmorgen Nays: None Absent: Rowe Motion carried. Respectfully submitted, Ben Ancona, Secretary Planning Commission