Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL FEBRUARY 12, 2015 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Planning Commission held February 12, 2015 Mr. Reinowski called the meeting to order at 7:00 p.m. Members present at roll call: Al Kollmorgen, Edward Kopp, Stefano Militello, Donald Miller, Jeffrey Norgrove, Leonard Reinowski Members absent at roll call: Benjamin Ancona, Excused Paul Jaboro, Excused Gerald Rowe, Excused Also in attendance: Donald Mende, City Planner Barry Hicks, City Planner Clark Andrews, Assistant City Attorney APPROVAL OF AGENDA Moved by Militello, supported by Kollmorgen, to approve. Ayes: Militello, Kollmorgen, Kopp, Miller, Norgrove, Reinowski Nays: None Absent: Ancona, Jaboro, Rowe Motion carried. PPCM-1140 – JOERG HENSEL Requesting Special Approval Land Use to allow an indoor recreation facility in an M-1 (Light Industrial) district. South side of Nineteen Mile Road between Mound Road and Van Dyke in Section 9. Property Address: 6050 Nineteen Mile Road. Mr. Reinowski opened case for anyone associated with information on this case. Mr. Mende opened with the submitted site plan stating that the petitioner, Regal Palace, is requesting this approval for indoor recreation facilities and the zoning ordinance does allow them, in the M-1 zone, subject to planning commission approval. Some of the special approval land use items do have special conditions attached to them. In this case, there are no special conditions in addition to the general review from the planning commission. Mr. Mende stated that the building is 27,000 square feet and the recreation facility is approximately 11,000 square feet. The petitioner has provided a floor plan where you can see the recreation facility located on the first floor. The other business in this building, also owned by the petitioner, is more of an industrial use, located in the rear of the building, and the hours of operation for either use do not overlap. The industrial use is done about 4 or 5 pm and the indoor facility starts about one hour after they close. Mr. Mende also stated the intended use for this property would include inflatable bounce houses, slides, and obstacle courses for birthday parties and special events. The petitioner previously received approval for a similar use in 2009 at their location on Mound Round and there has been no issues or negative impacts reported at that site. The company has now relocated to this new building and is requesting approval for the same operation. Mr. Militello asked Mr. Mende if they are planning on having food in this facility. Planning Commission Regular Meeting of February 12, 2015 Page 2 Mr. Mende stated that food service will be catered food if requested by the party and there will be a separate area for the children to eat but no on-site food preparation. Mr. Kollmorgen asked Mr. Mende that when a party ends, will the traffic leaving at the same time going west bound, present an egress a problem. Mr. Mende stated no that Nineteen Mile Road is considered a major thoroughfare under the City’s road master plan and is designed to handle this traffic. The occupancy load for the recreational area would not create any issues. Mr. Norgrove asked Mr. Mende if the establishment would be applying for a liquor license in the future. He also asked if they would be required to put in an elevator to be ADA compliant since there will be arcade games upstairs. Since this is a soap manufacturing company, he is concerned with putting a children’s facility in without having any material data safety sheets as backup as to the chemicals being used. Mr. Norgrove also stated he is going to vote no on this until which time the petitioner provides a list of the chemicals being used. Mr. Norgrove suggested that he would like to see some material data safety sheets along with the input from the fire department as to what is being housed there in case of a fire. Mr. Mende stated the petitioner, the owner, and the architect, who are present, can address the liquor license but does know that no liquor and no alcohol was served at their previous location. They can also address questions pertaining to hazardous materials. Mr. Militello stated that this company has already been in this city and is well acquainted with what is needed as far as regulations and it’s been perfectly safe. He asked if there have been any issues at the other facility. Mr. Mende stated no, there have not been any issues at the other facility. Mr. Reinowski opened the case for the petitioner or representative. Mr. Joerg Hensel, architect, 38700 Van Dyke, Sterling Heights, stated that the building is fully sprinklered and there is a one hour fire rated wall between the two uses and the firewall is going to stay intact. The heating, ventilation and air conditioning systems being separate is being addressed and analyzed during the building permit stage. Also, as long as they offer the same service and do not deny patron’s access to the same service, there is no need for an elevator. Mr. Hensel asked Zachery Holsten to address the safety data sheets. Mr. Holsten, CEO of the Soap Manufacturing plant, 6050 Wellington St, Farmington Hills, stated that they blend and package soap and everything they do is water based. They do not deal with anything flammable, oil based, or solvents. They use nothing hazardous and work very closely with the fire department and the water and sewer department. He would be able to provide all safety sheets, if needed. Mr. Reinowski asked if any other discussion from commissions or public. Mr. Norgrove stated that he is satisfied that all his questions were answered and he has a better understanding of what the company does. Mr. Kollmorgen asked if the approval requires simple majority and asked that the petitioner get the option for a postponement. Mr. Reinowski stated that the approval requires five affirmative votes and have 6 commissioners present. Planning Commission Regular Meeting of February 12, 2015 Page 3 Mr. Mende stated that it is up to the commission and explained to Mr. Hensel his right to a postponement due to only having six commissioners present. Mr. Hensel stated he would like to proceed. Mr. Reinowski asked for any other discussion. No other discussion. Call to motion. Motion by Militello, supported by Norgrove, in the case of PPCM-1140, Joerg Hensel, Architect, I move to approve a Special Approval Land Use at 6050 Nineteen Mile Road, subject to the following conditions: 1. That the development and operation of the facility remain consistent with the scale and nature of the use as described in the proposal and reflected on the site plan prepared by Joerg Hensel and Associates received December 19, 2014; 2. That the petitioner 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 State of Michigan; 3. That the petitioner complete the site plan review process and comply with all standards of the Offices of Engineering, Planning and Building Services; 4. 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 grounds to revoke the Special Approval Land Use; 5. 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. Ayes: Militello, Norgrove, Reinowski, Kollmorgen, Kopp, Miller Nays: None Absent: Ancona, Jaboro, Rowe Motion carried. PPCM-1141 – MACOMB VINTNER SUPPLY Requesting Special Approval Land Use to allow retail sales in an M-1 (Light Industrial) district – West side of Phoenix Drive between 19 ½ Mile Road and Diplomat Drive in Section 4. Property Address: 44443 Phoenix Drive. Mr. Reinowski opened case for Mr. Mende with information on this case. Mr. Mende stated that this a Special Land Use to allow limited retail sales in a light industrial district. The zoning ordinance already allows limited retail sales in an M-1 zone as long as it is related to the principle use of the building up to a maximum of 10% of the floor area and not to exceed 1500 square feet. The petitioner is Macomb Vintner Supply and they are proposing to occupy the building on the west side of Phoenix drive; they will be occupying the front portion of the building. The building is approximately 9250 square feet and Macomb Vintner is looking to occupy about 5600 square feet. The property and the retail sales portion are in conformance with the ordinance. The petitioner is in the wine business with making, storing, and distributing wine and wine material. The petitioner intends to utilize the sales area to sell grape juice and winemaking supplies to wine enthusiasts for home winemaking. The petitioner has been in contact with the City Clerk’s office for all the proper licensing. Planning Commission Regular Meeting of February 12, 2015 Page 4 Mr. Reinowski opened the case for any questions to Mr. Mende from the board. There were none and Mr. Reinowski opened the case to the petitioner or representative. Nancy Mezza, petitioner, stated that she and her husband own Macomb Vintner Supply located at 44443 Phoenix Drive. Ms. Mezza clarified that they do not sell wine but sell the materials for wine making and wine makers. Mr. Reinowski asked if Macomb Vintner Supply is required to get a state license for a distillery. Ms. Mezza stated no. They do not make wine to sell. The business is to sell the products for wine makers. They sell grapes, grape juice, and supplies. Mr. Norgrove wanted to clarify that they are or are not letting customers sample wine. Per their backup material, it states the intent is for customers to view and sample juice and wine for the decision making. Ms. Mezza stated they have not made any move on that but it is a potential future use. Mr. Reinowski opened up for any public comment. No public participation. Mr. Reinowski opened back up to the board for any further discussion. Mr. Kollmorgen asked Mr. Mende is he knew how many retail establishments are in that area. Mr. Mende stated the only zoned commercial property for retail sales would be on the east side of Mound and then also on the west side of Van Dyke. Motion by Militello, supported by Mr. Miller, based upon the facts presented and depending upon additional finding presented in the public hearing, the Planning Commission to approve PPCM-1141, Macomb Vintner Supply, Special Approval Land Use, at 44443 Phoenix Drive 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 and reflected on the site plan received January 5, 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 Engineering, Planning and Building Services; 4. That the petitioner file a Notice of Approval with the Macomb County Register of Deeds within sixty days following the approval of minutes of this meeting. Failure to file this notice wills serve as grounds to revoke the Special Approval Land Use; 5. 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. Mr. Reinowski asked if any discussions on the motion. Mr. Clark Andrews asked to add a provision that the petitioner will obtain any licenses required through the state, if needed. Planning Commission Regular Meeting of February 12, 2015 Page 5 Mr. Militello amended the motion, supported by Mr. Miller. Ayes: Militello, Miller, Norgrove, Reinowski, Kollmorgen, Kopp Nays: None Absent: Ancona, Jaboro, Rowe Motion carried. PSP15-0003 – RONALD ESTES Requesting for Planning Commission preliminary site plan approval. South side of Hall Road between Oleander Drive and Schoenherr Road in Section 2. Property Address: 13050 Hall Road Mr. Reinowski opened case for Mr. Mende with information on this case. Mr. Mende stated the petitioner is requesting site plan approval. The property is directly abutting the Sterling Town Center and Woody’s BBQ, now vacant. The property between those two are zoned C-2 (General Business) and is requesting a site plan approval for a commercial development. The Zoning Ordinance requires that a petitioner obtain preliminary site plan approval from the Planning Commission whenever a proposed development abuts any one- family residential district. Even though the abutting property is not used as one-family residential, the petitioner must still receive Planning Commission approval. In this case, property abutting to the south is zoned R-70 (One-Family Residential) and is developed with the former Magahay Elementary School. The building is no longer used for those purposes, rather, it is now occupied by Wayne State University and the property does have the proper zoning. The petitioner is proposing to construct a building consisting of 50,000 square feet for Dicks Sporting Goods and 50,300 square foot for a proposed user, and eventually restaurants. A landscape plan has been included with the backup material. The petitioner has met with the City Administration and the adjoining property owner regarding walkability, and the site has been designed to accommodate pedestrians within the site and from neighboring offices, with less dependence on vehicles. The petitioner also provided elevations of the building indicating the proposed exterior materials. The building will be constructed principally of face brick, decorative stone and glass. The preliminary layout meets all the standards of the zoning ordinance. After the preliminary site plan approval, the developer would still need to proceed through with the all requirements from the Engineering Department and the Building Department and then comes back to the Office of Planning for the final site plan approval. Mr. Militello asked if along the R-70, a masonry wall required. Mr. Mende stated yes, a wall is required between single family and commercial. He thinks there is already an existing wall. Mr. Reinowski opened the case to the petitioner or representative. Thomas Guastello, petitioner, 34120 Woodward, Birmingham feels this is a good opportunity for the city and a good addition to the community. Mr. Reinowski asked if the other Dicks Sporting good on the north side of Hall Road would be closing. Mr. Guastello stated that the lease is up over in that area. Mr. Norgrove asked Mr. Guastello if there is an idea of what type of restaurants would be put in, even though this is a preliminary site plan. Mr. Guastello answered they are still in final discussions with Bob Evans and possibly a concept of an Italian establishment. Mr. Reinowski opened up for any public comment. No public participation. Planning Commission Regular Meeting of February 12, 2015 Page 6 Mr. Reinowski asked if any other discussion. No other discussions. Call to motion. Motion by Mr. Kopp, supported by Mr. Militello, to approve preliminary site plan approval for PSP15-0003, Ronald Estes, 13050 Hall Road, plan prepared by DeWulf Associates, received January 20, 2015, and to authorize the Office of Planning to sign on behalf of the Planning Commission. Mr. Reinowski asked for any discussion on the motion. None. Ayes: Kopp, Militello, Miller, Norgrove, Reinowski, Kollmorgen Nays: None Absent: Ancona, Jaboro, Rowe Motion carried. PUBLIC PARTICIPATION None APPROVAL OF MINUTES: Motion by Militello, supported by Kopp, to approve the minutes of the January 8th 2015. Ayes: Militello, Kopp, Miller, Reinowski, Kollmorgen Nays: None Absent: Ancona, Jaboro, Rowe Abstain: Norgrove Motion carried. CORRESPONDENCE Mr. Norgrove corrected his address on the planning commission members list. NEW BUSINESS Master Land Use Plan Update. Mr. Mende stated as part of the state enabling act, the Planning Commission is required to review the Master Land Use Plan every five years to make sure it’s up to date and will begin work on that in 2015. A memo with a suggested action has been submitted that the city continue and proceed on with the regularly scheduled review of the Master Land Use Plan to update. Mr. Kollmorgen asked Mr. Mende if this is where a firm is hired to analyze or just an update and will this include the recreation plan as well. Mr. Mende stated that this one would be utilizing consultant assistance. It will be on the next council agenda to award that bid. Some of the updates that have been done in-between those five years have been done in-house. This one has been 10 years so council will be considering this at the next meeting. Mr. Mende also stated the Master Recreation Plan has to be adopted every five years and sent to the state for approval to qualify for any grant monies. Mr. Reinowski asked for any discussion on the update of the Master Land Use Plan. None Motion by Miller, supported by Mr. Kollmorgen, to recommend that the City proceed with the procedures required under the Enabling Act to adopt the new Master Land Use Plan for the City of Sterling Heights. Planning Commission Regular Meeting of February 12, 2015 Page 7 Ayes: Miller, Kollmorgen, Kopp, Militello, Norgrove, Reinowski Nays: None Absent: Ancona, Jaboro, Rowe Motion carried. OLD BUSINESS None MOTION TO ADJOURN Motion by Militello, supported by Norgrove, to adjourn. Ayes: Militello, Norgrove, Reinowski, Miller, Kollmorgen, Kopp Nays: None Absent: Ancona, Jaboro, Rowe Motion carried The meeting adjourned at 7:45 P.M. Respectfully submitted, Leonard Reinowski, Vice Chairman Planning Commission