Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL January 08, 2015 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Planning Commission Board of Appeals held January 08, 2015. Mr. Rowe called the meeting to order at 7:00 p.m. Members present at roll call: Benjamin Ancona, Al Kollmorgen, Edward Kopp, Stefano Militello, Jeffrey Norgrove, Leonard Reinowski, Gerald Rowe Members absent at roll call: Paul Jaboro, Donald Miller Also in attendance: Donald Mende, City Planner Clark Andrews, Assistant City Attorney APPROVAL OF AGENDA Moved by Militello, supported by Kopp, to approve. Ayes: Militello, Kopp, Norgrove, Reinowski, Rowe, Ancona, Kollmorgen Nays: None Absent: Jaboro, Miller Motion carried. PPCM-1139 – MICHAEL BOGUTH Petitioner, Michael Boguth, requesting Temporary Use Approval for boat, RV, and vehicle sales display. West side of Mound Road between 15 and 16 Mile Roads in Section 29. Property Address: 35235 Mound Road. Mr. Mende opened and stated the petitioner is requesting temporary use approval to permit sales display on a gravel lot until plans are reviewed and approved for permanent facilities. The petitioner has received prior administrative temporary use approval; however, the ordinance limits said approval to 6 months in a calendar year. Mr. Mende also provided information on this proposal that long term, the petitioner is proposing to expand the current operation, which includes additions to the building and parking. Plans had previously been submitted for approval but, due to economic times, those plans were put on hold. In January 2013, the petitioner submitted plans to the Board of Zoning Appeals for setback variances, which were granted, and would permit the expansion of the parking area. However, the petitioner’s application states that there is now a need to expand not only parking, but a building expansion as well. Plans are being prepared for that development and, in the meantime, the petitioner would like to extend the approval for the temporary parking. Based on this information, since administrative approval is not available under the ordinance, Planning Commission approval is necessary. The petitioner provided a drawing, which Mr. Mende provided, indicating the parcel shape, dimensions, and building location. It was also stated, with backup submitted, that the petitioner does have an estimate prepared by a contractor, an architect, for the expansion, parking, and landscaping. Mr. Rowe opened up for the petitioner, Michael Boguth, for any additional information. Mr. Boguth, did not have anything else to add. Public participation: None. Mr. Kollmorgen asked the petitioner, now that all the estimates have been given, what the next step would be and how many of these special uses has he had now since this seems to be an ongoing project. Mr. Kollmorgen would like to see paperwork signed and in motion. Planning Commission Regular Meeting of January 08, 2015 Page 2 Petitioner, Mr. Boguth, stated they are near finalization and expecting to start up in late spring and finish late next summer. Nothing has been signed yet due to petitioner’s efforts to try to reduce final cost. Mr. Rowe opened for any other questions from the commission. None were brought forward so opened for motion. Motion by Militello, supported by Kopp, to approve Temporary Use for boat, RV, and vehicle sales display, subject to the following conditions: 1. That the temporary outdoor display shall terminate on September 30, 2015. 2. That the size and nature of the display area shall conform to the activity described in the petition and reflected on the plot plan received October 9, 2014. 3. That the display area shall allow unobstructed pedestrian cross. 4. That all maneuvering lanes and drives located on the property shall remain clear for traffic circulation. 5. That the site be cleaned on a daily basis and restored to its normal condition immediately after the permit expiration. 6. That the petitioner comply with all codes and ordinances of the City of Sterling Heights, County of Macomb, and the State of Michigan. 7. That the operation and control of the sale and activities be the sole responsibility of Michael Boguth. 8. Any violations of these conditions or codes and ordinances will result in the revocation of this permit if not remedied to the satisfaction of the City of Sterling Heights within 24 hours. 9. The location of the outdoor display is subject to a field inspection by the Office of Planning and is subject to change. Roll call on motion: Ayes: Militello, Kopp, Norgrove, Reinowski, Rowe, Ancona, Kollmorgen Nays: None Absent: Jaboro, Miller Motion carried. PZ14-1131 – MOUAL RAZOKY / BASMIT ESTATE, LLC Request for proposed Conventional rezoning form R-60 (One-Family Residential) to O-1 (Business & Professional Office) – East side of Dequindre Road between Maplecrest and Oakcrest Drive in Section 30. Property Address: 35614 – 35634 Dequindre Road Mr. Mende stated petitioner is requesting to rezone the west 280 feet of Lot 25 and Lots 37 & 38. Referencing maps, the lots together have approximately 193 feet of frontage along Dequindre Road and a depth of 340 feet. The petitioner is not rezoning the east 60’ of these two parcels but is proposing to leave the current zoning of R-60 in order to develop a home site. Petitioner is a physician and his intention is to relocate his existing practice. Petitioner is requesting this conventional rezoning to develop these lots with a medical and general office building. The petitioner did submit a preliminary site plan and Mr. Mende cautioned again that Planning Commission Regular Meeting of January 08, 2015 Page 3 this is a conventional rezoning request and was just provided by petitioner to give an idea on how the property may be layed out. Mr. Rowe called up the petitioner, Mr. Razoky. Mr. Razoky confirmed Mr. Mende’s introduction. Mr. Rowe opened up for public hearing. There was no public participation on this proposal. Mr. Norgrove stated he has visited the location and has spoken to residents, none of whom were present, who expressed some concern on why the buffer between the property and the R-60 property across the street only has a 3 foot high wall and that every morning, Monday through Friday at 7:00 am, the dumpsters are being emptied except for Saturdays and Sundays which unrelated medical vehicles are being parked. What can be done to prohibit this from happening to the property in question if rezoned? Mr. Mende stated he will forward to the Code Enforcement Office to check on the dumpster pickup. The petitioner will be required to install a 6 foot masonry wall. Mr. Rowe opened for any other questions from the commission. None were brought forward. Motion by Militello, supported by Kopp, to approve rezoning based on the following: 1. Rezoning this property is harmonious, compatible and appropriate and will not impinge unreasonably on the value and use of nearby property. 2. Rezone this property is consistent with other zoning and land uses in the area. 3. Rezone this property would provide a suitable land use in keeping with the stated planning principles defined in the City’s Master Land Use Plan. Roll call on motion: Ayes: Militello, Kopp, Reinowski, Rowe, Ancona, Kollmorgen Nays: Norgrove Absent: Jaboro, Miller Motion carried. PZ14-1132 – ACADIA DEVELOPMENT GROUP, LLC Petitioner, Chris Cousino, request for Conventional Rezoning from Technical Research Office to R-60 (One-Family Residential). South end of Adrian Drive and the North end of Tamarack Drive. West of Mound between Metropolitan Parkway and Fox Hill in Section 20. Property Address: 37501 Mound Road & 37572 Adrian Drive Mr. Mende provided background on this request. Petitioner is requesting to rezone the east 182 feet of the land and approximately the east 80 feet from TRO (Technical Research Office) to R-60 (One-Family Residential) as shown on the submitted map. Petitioner is requesting this conventional rezoning in order to assist in the assemblage of parcels with like zoning in order to develop 20 – 23 single family sites. While the petitioner did provide a site plan with the rezoning application, it has not been reviewed for compliance with the ordinance as this a conventional rezoning request. Mr. Militello stated that basically it would be adding three lots to the already existing zoning to be able to add (?) a detention pond to deter water in basements. Mr. Mende stated this is correct to adding three lots and the detention pond would be determined during the site plan review of the engineering drawings. Planning Commission Regular Meeting of January 08, 2015 Page 4 Mr. Rowe called petitioner to the podium. Mr. Chris Cousino added that there are three parcels in this proposed development. The middle parcel is completely within the residential component. The two that are in question, the first one is predominantly within R-60 designation. The second parcel roughly 80% is already within that designation. Mr. Rowe opened up to public. Irene Browski, 37410 East Almont, was opposed. Her property, approximately 225 feet, abuts the wooded area that is already zoned R-60. If the rezoning is approved, how is the property going to be utilized and there are tagged trees which she would like to know what they are tagged for. Lisa Karasinski, 37445 Tamarack, has lived there for 13 years and bought their property because of the dead end. She opposes the making of a through street, the traffic, and the removal of the woods. Irene Gitler, Paris Street, agrees with Lisa Karasinski on the traffic, making a through street and getting rid of the woods. Sandy Bahoura, 37433 Tamarack, would like clarification of the map. She opposes. Jason and Marie Vigue, 37469 Tamarack, live at the dead end. They purchased the property for the fact of the dead end and the wooded area. They are wondering about the amount of inconvenience it would cause for the builders to come in. They oppose. Stephanie Williams, 37468 Tamarack, lives right against the wooded area. She currently does not own but leases the property. She is opposed. Mr. Militello added that he has seen the houses that Arcadia builds. They are a quality builder and this would be a big asset and not a liability to the area. Mr. Rowe added that this is a rezoning and not a site plan as of yet. If the rezoning does go through, that there will be an opportunity for the site plan review. Mr. Mende suspects that the development would be done as a site condominium. These are reviewed administratively. To answer the question how often can a petitioner come back with another request, once the rezoning has had a final determination, they cannot request a new hearing for a one year time period. Also, notifications do go out to residents 300 feet of any rezoning per state statues. Mr. Ancona asked Mr. Mende if he was aware of any tags on the trees. Mr. Mende stated that the city does have an ordinance that would require that a minimum 37% of the trees, 6 inches in diameter or greater, have to be preserved on site. If they cannot be preserved on site, then a replacement ratio is required for the developer would need to follow. Tagging is done to survey trees. Mr. Norgrove asked Mr. Mende to come back up to review the map submitted. This property is and has been zoned R-60 for some time and we have to take into consideration and respect the property owner and property rights. Mr. Mende clarified the property map for the public and the commission. Mr. Mende also stated that the petitioner is only requesting a conventional rezoning. Planning Commission Regular Meeting of January 08, 2015 Page 5 Motion by Militello, supported by Norgrove, to approve the request for Conventional Rezoning from Technical Research Office to R-60 (One-Family Residential) based on the following: 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 define in the City’s Mater 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. Roll call on motion: Ayes: Militello, Norgrove, Reinowski, Rowe, Kollmorgen, Kopp Nays: Ancona Absent: Jaboro, Miller Motion carried. PZ14-1133 – NEIL JADDOU Petitioner request for Conventional Rezoning from R-60 (One-Family Residential) to O-1 (Business and Professional Office). West side of Ryan Road between Rhoten Drive and 15 Mile Road in Section 31. Property Address: 34781 Ryan Road. Mr. Mende stated this is a conventional rezoning request. This area has developed with a variety of different land uses. The petitioner is proposing a conventional rezoning for the former Knights of Columbus hall. The Master Land Use Plan designates this area as Public/Semi-Public. This parcel received this designation as a result of it being developed as a fraternal organization approximately 23 years ago. The petitioner has an offer to purchase this property and is requesting the zoning change in order to utilize the hall as an office. An office would not be completely dissimilar to the previous use. This parcel was the site of a commercial rezoning request over two years ago to permit a restaurant. That request was denied and the building has remained vacant ever since. Rezoning this property would result in the adaptive re-use of a limited use facility. Mr. Potres, representing petitioner Neil Jaddou, confirmed possible uses of the property as stated by Mr. Mende. There was no public participation. Mr. Norgrove stated he is comfortable if the petitioner has no intentions to making this a restaurant or banquet hall. Mr. Kollmorgen asked if the residents of the condominiums notified. Mr. Mende stated that residents were notified. Motion by Mr. Kopp, supported by Mr. Norgrove, to approve the request for a Conventional Rezoning from R-60 (One-Family Residential) to O-1 (Business and Professional Office) based on the following: 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. Planning Commission Regular Meeting of January 08, 2015 Page 6 3. Rezoning this property would provide a suitable land use in keeping with the stated planning principles define in the City’s Mater 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 and building constraints. Roll call on motion: Ayes: Kopp, Norgrove, Reinowski, Rowe, Kollmorgen, Kopp, Militello, Ancona Nays: None Absent: Jaboro, Miller Motion carried. Mr. Rowe added that a letter was received in reference to the previous item PZ14-1132 from opposing the rezoning. ELECTION OF OFFICERS Mr. Mende opened up for nominations from the commission. Nominations for Office of Chairman: Mr. Kollmorgen nominated Mr. Rowe as Office of Chairman. Mr. Rowe accepted. No other nominations for Office of Chairman. Mr. Rowe was elected by acclamation. Nominations for Office of Vice-Chairman: Mr. Norgrove nominated Mr. Reinowski for Office of Vice-Chairman. Mr. Reinowski accepted. No other nominations for Office for Vice-Chairman. Mr. Reinowski was elected by acclamation. Nominations for Office of Secretary: Mr. Militello nominated Mr. Ancona for Office of Secretary. Mr. Ancona accepted. No other nominations for Office of Secretary. Mr. Ancona was elected by acclamation. PUBLIC PARTICIPATION None APPROVAL OF MINUTES DATED 11.13.2014 Mr. Kollmorgen asked that on page two where it states “motion by Miller, supported by Kopp for the approval of minutes” be scratched since already stated on page 1. No other corrections to be made to the minutes. Motion approved by Militello, supported by Kopp to approve the minutes as corrected. Roll call on motion: Ayes: Militello, Kopp, Norgrove, Reinowski, Rowe, Kollmorgen, Ancona Nays: None Absent: Jaboro, Miller Motion carried Planning Commission Regular Meeting of January 08, 2015 Page 7 CORRESPONDENCE Mr. Ancona has Michigan Planner and some correspondence from the Michigan Association of Planning for the Training Workshops. No information on a February meeting at this point. Mr. Mende stated that nothing is scheduled yet. There are 2 weeks left in the deadline. OLD BUSINESS None NEW BUSINESS Mr. Norgrove would like a phone list of all commissioners. MOTION TO ADJOURN Motion by Militello, supported by Kopp, to adjourn at 8:25 p.m. Ayes: Militello, Kopp, Norgrove, Reinowski, Rowe, Kollmorgen, Ancona Nays: None Absent: Jaboro, Miller Motion carried. Respectfully submitted, Benjamin Ancona, Secretary Planning Commission