Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL NOVEMBER 13, 2014 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Planning Commission held November 13, 2014. Gerald Rowe called the meeting to order at 7:00 p.m. Moment of Silence in honor of the late Mayor Richard J. Notte. Members present at roll call: Ben Ancona, Paul Jaboro, Al Kollmorgen, Edward Kopp, Stefano Militello, Donald Miller, Jeffrey Norgrove, Leonard Reinowski, Gerald Rowe Members absent at roll call: None Also in attendance: Donald Mende, City Planner Clark Andrews, City Attorney Renee Bayer, Recording Secretary APPROVAL OF AGENDA Motion by Miller, supported by Kopp, to approve the agenda as presented. Ayes: Miller, Kopp, Militello, Norgrove, Reinowski, Rowe, Ancona, Jaboro, Kollmorgen Nays: None Absent: None Motion carried. PPCM-1139 – Michael Boguth Request for postponement of this case to the meeting of January 8, 2015 to allow the petitioner time to complete his permanent expansion plans which can then be presented to the commission as part of their deliberations on the temporary use approval to permit sales display on a gravel lot -West side of Mound Road between 15 Mile and 16 Mile Roads. Property Address: 35235 Mound Road. BACKGROUND The Sterling Heights Zoning Ordinance permits temporary uses in order to accommodate, among other things, businesses with property interest in the site that request approval to promote a seasonal sale or special event on the site. Approval of temporary uses may be done administratively by the Office of Planning. The duration of all temporary uses approved and operated upon a site shall not exceed six months in a calendar year. The ordinance states that, an application for a temporary use shall not be approved administratively if the Planning Commission Minutes Regular Meeting of November 13, 2014 Page 2 temporary use is of such a scope, nature or size or has any unusual or peculiar characteristics that necessitate special safely considerations, or sanitary considerations, require special crowd control measures or involve any hazardous or dangerous materials. Any temporary uses with such characteristics must be reviewed by the Planning Commission in accordance with the standards of section 25.03. Due to the fact that the petitioner has previously received administrative approval, the Planning Commission must review any further extensions for the temporary use. Mr. Mende stated that petitioner has used up his administrative reviews and therefore he needs to appear before the Planning Commission for temporary use approval but has requested the postponement for finalization of the plans. Mr. Mende also stated that the petitioner has met with his architect and contractor and does have a significant budget for the expansion. Motion by Militello, supported by Norgrove, that the Planning Commission postpone the request, along with no additional mailings, until January 8, 2015. Ayes: Miller, Kopp, Militello, Norgrove, Reinowski, Rowe, Ancona, Jaboro, Kollmorgen Nays: None Absent: None Motion carried. PZ14-1130 – Jennifer L. Schmidt Request for Conventional Rezoning from O-1 (Business & Professional Office) to R-60 (One-Family Residential) – West side of Dodge Park Road between Warsaw and Brougham Drive in Section 27. Property Address: 35683 Dodge Park BACKGROUND This request is to rezone the south 14.97 feet of Lot 25 and Lots 26 through 32 (inclusive) including one half of the vacated alley adjacent to these lots located in Sterling Park Subdivision from O-1 to R-60. The lots together have approximated 155 feet of frontage along Dodge Park Road and a depth of 110 feet. All of the property comprising this petition is currently vacant. Property to the north and east is zoned R-60 and is developed with single-family homes fronting along the west side of Dodge Park and east side of Evanston Avenue respectively. Property to the south is zoned O-1 and is developed with a bank. Property to the east across Dodge Park Road is zoned R-60 and is developed with the Sterling Knolls Subdivision. Planning Commission Minutes Regular Meeting of November 13, 2014 Page 3 The City’s adopted Master Land Use Plan designated the subject property and all adjoining or nearby properties situated to the north (across Brougham Drive), west and south of it as Office. Property to the east across Dodge Park Road is designated as Medium Low Residential (4.0 dwelling units per acre density). Commissioner Kopp recused himself on this item and left the meeting room due to the petitioner being his sister-in-law. Mr. Mende stated the existing single-family homes situated west and north of the subject property were previously zoned O-1. These properties were rezoned to R-60 in 1995 and 2003 respectively and subsequently have been developed for single-family homes. The petitioner has owned the subject property for over 10 years and requesting to change the zoning back to be consistent with surrounding properties so that this property can be developed with two single-family home sites. Mr. Mende also stated that the petitioner will be required to approach the City Assessor’s office, process a land division application to create those two parcels, and submit all plans for review with the Building department for building permits for the home construction. The homes will be required to be similar in style and design with the surrounding neighborhoods. Jennifer L. Schmidt stated she is the owner of subject property and Mr. Mende addressed all their intentions. She asked for any additional questions and Rowe suggested after the public hearing, if any questions arose, she would be called back up. Chairman Rowe opened the public hearing. Bassam Shammas , 35705 Dodge Park Road, stated he received a post card and unsure why and for what case. Mr. Mende gave a brief overview of the case and stated notifications are given out to residents as knowledge of the proposal. Syliva Herriges, 35775 Dodge Park Road, stated she supports the proposal. No other audience participation. Chairman closed the public hearing. Motion by Militello, supported by Kollmorgen, to recommend approval of the rezoning of property from O-1 (Office) to R-60 (One-Family Residential) for the following reasons: 1. Rezoning property is harmonious, compatible, and appropriate and will not impinge unreasonably on the value and use of the nearby property 2. Rezoning the property is consistent with other zoning and land uses in the area Planning Commission Minutes Regular Meeting of November 13, 2014 Page 4 3. Rezoning the property would provide a suitable land use in keeping with the stated planning principles defined by the City Master Land Use plan. 4. Rezoning to R-60 will allow the property to be developed with a more reasonable and viable use as opposed to what could be developed under the current zoning. Mr. Norgrove asked Mr. Mende about the number of homes. Mr. Mende stated that there will be two houses. The minimum lot width required under this zoning, R-60, is 60 ft wide lots. There is approximately 155 feet of frontage on Dodge Park, so each lot would be approximately 75 – 77 feet of width on Dodge Park Road. Mr. Norgrove also asked Mr. Mende if these homes would be in conforming to the neighborhood. Mr. Mende stated the ordinance requires that the homes be similar to the surrounding neighborhoods, they will have to meet all the normal set back requirements, and the lot coverage requirements as well. Mr. Rowe asked Mr. Mende that in the backup material, it reads “the maximum number of lots that can be created in accordance with the non-conforming lot provisions”. For the commission and persons present, could Mr. Mende explain? Mr. Mende stated that in this older subdivision, the lots had alleys in the rear and do not meet the minimum lot depth of the current ordinance. So in order to meet the minimum lot area you have to enlarge your width. Typically the lots in the area are about 65 ft wide and these will be more than that. Mr. Rowe asked that they will satisfy the area. Mr. Mende stated they do. Roll call on motion: Ayes: Militello, Kollmorgen, Miller, Norgrove, Reinowski, Rowe, Ancona, Jaboro Nays: None Abstained: Kopp Motion carried. Mr. Kopp returned to meeting. CITIZEN PARTICIPATION There was no citizen participation. Planning Commission Minutes Regular Meeting of November 13, 2014 Page 5 APPROVAL OF MINUTES – October 9, 2014 Motion by Militello, supported by Miller, to approve the Minutes of October 9, 2014. Ayes: Militello, Miller, Norgrove, Reinowski, Ancona, Kollmorgen, Kopp Nays: None Absent: None Abstained: Jaboro, Rowe Motion carried. CORRESPONDENCE None OLD BUSINESS None NEW BUSINESS Mr. Norgrove wanted to congratulate Mr. Kollmorgen and Mr. Militello who were recently recognized for their 10 years of service to the City of Sterling Heights. ADJOURNMENT Moved by Militello, supported by Jaboro to adjourn at 7:21 p.m. Ayes: Militello, Jaboro, Kollmorgen, Kopp, Miller, Norgrove, Reinowski, Rowe, Ancona Nays: None Absent: None Motion carried. Respectfully submitted, Ben Ancona, Secretary Planning Commission