Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL OCTOBER 9, 2014 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI. SUBJECT: Minutes of the Regular Meeting of the Planning Commission held October 9, 2014. Leonard Reinowski called the meeting to order at 7:00 p.m. Members present at roll call: Ben Ancona, Al Kollmorgen, Edward Kopp, Stefano Militello, Donald Miller, Jeffrey Norgrove, Leonard Reinowski. Members absent at roll call: Paul Jaboro (excused), 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, Kollmorgen, Nays: None Absent: Jaboro, Rowe Motion carried. PZ14-1128 – Ned Hakim Request for proposed Conventional Rezoning from O-1 (Business & Professional Office) and R-60 (One Family Residential) to RM-2 (Multiple Family Low Rise) – Northwest corner of 14 Mile Road and Red Run in Section 35. Property address: 13001 Fourteen Mile & 3333 Red Run BACKGROUND The subject property consists of two lots that would be combined as part of this proposal. The combined property dimensions are approximately 247 feet fronting 14 Mile Road x 1200 feet fronting Red Run, totaling approximately 10.38 acres. Property abutting to the west is zoned R-60 and is developed with the Fellowship Baptist Church. Property abutting to the east is zoned RM-2 (Multiple Family – Low Rise District) and developed with the Sterling Lakes Apartments and Fieldstone Apartments and C-2 (Planned Comparison Business) which is developed with a gas station and commercial uses. Property to the north is zoned R-60 and is vacant. Please reference the attached maps for further detail Planning Commission Minutes Regular Meeting of October 9, 2014 Page 2 Mr. Mende stated that the petitioner has an option to purchase the property and is requesting this zoning change in order to construct a 100 unit apartment development. While the petitioner has submitted a site plan as part of his application, this request is a conventional rezoning. Therefore, no site plan review will take place at this stage. It is intended to show how the parcels can be developed in conformance with ordinance standards. With a conventional rezoning to RM-2, the petitioner may develop the property as Multiple Family in conformance with the standards and conditions noted in the zoning ordinance. Per Section 26.02. B. of the zoning ordinance, the Planning Commission shall be responsible for preliminary site plan review and approval for all multiple family projects. Therefore, if the petitioner is successful in changing the zoning, all subsequent plan reviews will appear before the Planning Commission. When evaluating the rezoning of this property, it is important to note the zoning history of the area. Sterling Lake and Fieldstone Apartments have been at this intersection for approximately 30 years. In 1988, the commercial property to the east was built. The RM-2 district is designed to provide a suitable environment for families who live in low rise multiple dwellings. Further, this district is also intended to provide a transition or buffer between more intense nonresidential districts and/or major thoroughfares and lower density residential districts. The petitioner, Ned Hakim, a licensed builder/developer, 22580 Telegraph Rd., Southfield, MI 48033, stated that he is here to ask for approval for rezoning of the this property. The property across the street is also zoned for multiple family use, we would like these two parcels to be rezoned. We will be building luxury apartments and will follow all codes and zonings. Mr. Reinowski opened the public hearing. There was no audience participation. Motion by Militello, supported by Miller that the Planning Commission forward a recommendation to City Council to APPROVE, PZ-1128, Ned Hakim, request to rezone property from O-1 (Business and Professional Office) and R-60 (One Family Residential) to RM-2 (Multiple Family Low Rise) for the following reasons: 1. Rezoning this property is harmonious, compatible and appropriate and will not impinge unreasonably on the value and use of nearby property; 2. Rezoning this property is consistent with other zoning and land uses in the area; 3. Rezoning this property would provide a suitable land use in keeping with the stated planning principles defined in the City’s Master Land Use Plan. Mr. Kollmorgen asked Mr. Mende if the residents on the south side of 14 Mile in the City of Warren were notified in regard to this project. Mr. Mende stated yes. Planning Commission Minutes Regular Meeting of October 9, 2014 Page 3 Mr. Kollmorgen asked about the 80 ft. right-of-way by the drain. Mr. Mende stated that the 80 ft. right-of-way away is an easement for the drain and the County’s Drain Commissioners’ office will do a review and they may have other requirements for the developer. Roll call on motion: Ayes: Militello, Miller, Norgrove, Reinowski, Ancona, Kollmorgen Nays: None Absent: Jaboro, Rowe Motion carried. PZ14-1129 – Speedway, LLC Request for proposed Conventional Rezoning from C-2 (Planned Comparison Business) to C-3 (General Business) – Northeast corner of Van Dyke and Riverland Drive in Section 3. Property address: 43500 Van Dyke BACKGROUND The subject property under consideration is a part of the existing Riverland Shopping Center parking lot and would be combined to the existing Speedway parcel if approved. The property dimensions are approximately 21 feet fronting Riverland Drive and 105 feet fronting Van Dyke, totaling approximately 0.42 acres. Property abutting to the north and east is zoned C-2 and is developed with the Riverland Shopping Center. All other properties to the south and west are zoned C-3 and developed with Speedway, Bonus Tire & Service, and various auto related uses on the west side of Van Dyke. Please reference the attached maps for further detail. Mr. Mende stated that the petitioner has an option to purchase the property and is requesting this zoning change in order to allow for the demolition and rebuild of the Speedway Gas & Convenience Store. While the petitioner has submitted a site plan as part of his application, this request is a conventional rezoning. Therefore, no site plan review will take place at this stage. It is intended to show how the parcel can be developed in conformance with ordinance standards. With a conventional rezoning to C-3, the petitioner may develop the property as commercial in conformance with the standards and conditions noted in the zoning ordinance. Per Section 13.02.F. of the zoning ordinance, the Planning Commission shall be responsible for Special Approval Land Use review and approval for gasoline self-service projects. Therefore, if the petitioner is successful in changing the zoning, subsequent plan review will appear before the Planning Commission. Planning Commission Minutes Regular Meeting of October 9, 2014 Page 4 The petitioner intends to combine the rezoned piece, currently excess parking lot, to the existing Speedway to accommodate a new, rebuilt store. When evaluating the rezoning of this property, it is important to note the zoning history of the area. In 1997, Speedway rebuilt the store at this location, modernizing an older outdated facility. Today Speedway would like to demo and rebuild again with a much more modern store. To allow the site to function better, particularly as it relates to ingress and egress to the site, the additional land purchased by the petitioner will permit this. Riverland Shopping Center was recently sold and is now in the process of updating its façade and adding new tenants. Mr. Chris Jolley, speaking on behalf of the petitioner, 150 E. Gay St., Clements, OH stated they are looking to rezone that additional piece of property in order to accommodate a larger building that will be more modern and offer more food/goods for customers. It will also provide better maneuvering of customer vehicle as well as the fueling trucks. It will also provide space for one additional gas island. Mr. Reinowski opened the public hearing. Mr. Gor Banum, owner of Tubby’s Submarine asked what kind of food options they will be offering. Mr. Jolley stated that the site plan is still a little conceptual and the exact use of the inside of the store is not 100% determined but the typical type of food offered is pre-made sandwiches, pizza, snacks, and beverages. Mr. Reinowski asked if this differed radically from what they currently offer. Mr. Jolley said no but it would allow them to offer more choices to the customer. Motion by Kopp, supported by Norgrove, that the Planning Commission forward a recommendation to City Council to APPROVE, PZ-1129, Speedway LLC, request to rezone property from C-2 (Planned Comparison Business) to C-3 (General Business for the following reasons: 1. Rezoning this property is harmonious, compatible and appropriate and will not impinge unreasonably on the value and use of nearby property; 2. Rezoning this property is consistent with other zoning and land uses in the area; 3. Rezoning this property would provide a suitable land use in keeping with the stated planning principles defined in the City’s Master Land Use Plan. Planning Commission Minutes Regular Meeting of October 9, 2014 Page 5 Roll call on motion: Ayes: Kopp, Norgrove, Reinowski, Ancona, Kollmorgen, Militello, Miller Nays: None Absent: Jaboro, Rowe Motion carried. CITIZEN PARTICIPATION There was no citizen participation APPROVAL OF MINUTES – JULY 10, 2014 Motion by Militello, supported by Norgrove, to approve the Minutes of July 10, 2014. Ayes: Militello, Norgrove, Reinowski, Ancona, Kollmorgen, Kopp, Miller Nays: None Absent: Jaboro, Rowe Motion carried. CORRESPONDENCE Secretary, Benjamin Ancona stated that each member has received a copy of the Michigan Planner, as well as a 2015 planner from Mayor Notte. OLD BUSINESS None. NEW BUSINESS None. ADJOURNMENT Moved by Militello, supported by Kopp to adjourn at 7:20 p.m. Ayes: Militello, Kopp, Norgrove, Reinowski, Ancona, Kollmorgen, Miller Nays: None Absent: Jaboro, Rowe Motion carried. Respectfully submitted, Ben Ancona, Secretary Planning Commission