Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL April 09, 2015 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Planning Commission held April 09, 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, Donald Miller, Jeffrey Norgrove, Leonard Reinowski, Gerald Rowe Members absent at roll call: Paul Jaboro, Excused Also in attendance: Donald Mende, City Planner Don DeNault, City Attorney Barry Hicks, City Planner APPROVAL OF AGENDA Moved by Miller, supported by Militello, to approve. Ayes: Miller, Militello, Miller, Norgrove, Reinowski, Rowe, Ancona, Kollmorgen, Kopp Nays: None Absent: Jaboro, Excused Motion carried. PZ15-1134 RSR MOUND, LLC / POPLAR PROPERTIES, LLC Request for Conditional Rezoning from C-1 (Local Convenience Business) to RM-2 (Multiple Family Low-Rise). East side of Mound Road between Poplar and Higgins Avenue in Section 4. Property Address: 44214 – 44294 Mound Road and 5990 Poplar Avenue. Mr. Rowe asked Mr. Mende to open with background on the case. Mr. Mende stated that this is a conditional rezoning request. The property is located on the east side of Mound Road between Poplar and Higgins Avenues, just south of M59. The property dimensions are 550 foot of frontage on Mound Road with a depth of 265 feet totaling 3.35 acres. The site plan and elevation plan have been presented and the Board has received a copy showing the drawing for parcel shape, dimensions, and building location. Mr. Mende stated prior to 2008 this property was zoned RM-2 (Multiple Family Low Rise) and in February of 2008, a conditional rezoning was approved changing this property to C-1 (Local Convenience Business). Over the last seven years the petitioner has attempted to develop and lease or sell the property with its commercial designation and the agreed upon conditions, with no success. Mr. Mende stated the petitioner is requesting that the previous zoning designation of RM-2 be reinstated. The petitioner proposed three buildings totals. Two of the units, on the north and south side, are 20-unit buildings with the one 16-unit building in the center of the property. The mix includes 32 one-bedroom units and 24 two-bedroom units. The sizes will range from 793 to 1051 square feet and all units will have patios and/or balconies. Construction will be a combination of brick and horizontal lap siding with an asphalt shingled roof. The amount of landscaped/green area of the entire site is 46%. Mr. Mende stated the petitioner is proceeding with a conditional rezoning request whereby certain conditions are being offered to the City which would control development and uses of the subject property should the request be granted. The conditions will be reflected within the plans presented to the City Council and/or specified in the conditional rezoning agreement entered into between the City and the Petitioner. Conditions to be voluntarily offered by the petitioner also address particular concerns brought forth by the residents during the original rezoning hearing in 2008. These previous, as well as new conditions, are as follows: Planning Commission Regular Meeting of April 09, 2015 Page 2  All ingress and egress shall be confined to Mound Road. No ingress or egress on Higgins or Poplar Avenues.  A six-foot high decorative masonry wall will be installed on the east property line.  Frontage landscaping will exceed minimum ordinance standards.  Floor area for both 1 & 2 bedroom units will exceed minimum ordinance requirements. The owner has agreed to the following time limitations that are standard in all conditional rezoning agreements and by Zoning Ordinance No. 278:  Apply for and obtain site plan approval for the Proposed Development of the Property within twelve (12) months of the effective date of the ordinance amendment approving the rezoning map amendment.  Apply for and obtain a building permit for the Proposed Development within eighteen (18) months of such effective date; and  Complete construction of the Proposed Development within thirty (30) months of such effective date. One variance is included in this unconditional rezoning request which is to permit a density increase of less than six dwelling units per acre. The net increase over the entire site is approximately 19 dwelling units. Mr. Mende stated that based upon the location and development patterns in the area, down zoning from commercial to residential will not negatively impact commercial needs in this area and the fact that this property was previously zoned RM-2 and the properties north and west are zoned and developed as a multiple-family, further lends credence to supporting the petitioners’ request. The rezoning applied to the subject properties would be a higher and better use as opposed to the current C-1 zoning. Mr. Rowe opened the case for the petitioner. Petitioner, Phil Ruggeri, 43231 Schoenherr, Sterling Heights, stated that they have owned the property well over seven years now and have done nothing but pay taxes and maintain the property. Mr. Ruggeri stated they have explored every imaginable perspective on the property with no prevail and coming back to the original zoning seems like the only viable solution to this property. They have invested over $1,600,000.00 in this property and the chance of recovering any of this is slim to none unless there is some type of development. Mr. Ruggeri stated that currently the City’s Master Land Use Plan designates this area as Transitional, which is an area identified within the Plan for flexible uses. They do not see any confrontation from the neighbors and other than the neighbors present tonight, nothing was submitted in writing. They think this is a tremendous asset to the site and will add a tremendous tax base to the community. The masonry wall in the back of the complex will isolate the residents from the area and the landscaping will make it a nice ideal transitional use. There will be no ingress/egress to the side roads of Higgins and Poplar and all ingress/egress is confined to Mound Road. Mr. Ruggeri feels there will be no impact to the adjoining property owners and no adverse impact on the residents’ property values. He stated the ordinance wants them to be a RM-2 which they are proposing to make it. Mr. Ruggeri also stated that unless there are issues they are unaware of, he feels they have covered everything that needs to be said. Before closing, he would like to highlight that these units are significantly larger than the ordinance requires. He also has apartments in the City of Roseville, and elsewhere, where the units are similar in size and is the number one complex in the city because of the size, the maintenance of the facility, and have also been 100% occupied for the last 10 years. Mr. Rowe asked for any public discussion. Mr. Isaac Cabase, 5864 Pine Aires Drive, Sterling Heights, presented his own drawings to the Board stating that he would prefer access to the two side streets. Planning Commission Regular Meeting of April 09, 2015 Page 3 Ms. Marcia Anklam, 6077 Higgins Avenue, Sterling Heights, would like to know if the landscaping/maintenance of the property will be an onsite office or will be outsourced. She also stated the ingress/egress should remain as presented. Mr. Harley Pularski, 6015 Poplar Avenue, Sterling Heights, would like to add a suggestion on the power lines being kept at least 10 feet from the property line instead of right up against the masonry wall. Mr. Mike LaRayno, 6043 Higgins Avenue, Sterling Heights, stated this will be wonderful and the ingress/egress should remain as presented. Ms. Francis Madalinski, 6010 Poplar Avenue, Sterling Heights, would like to know if the construction of the building will affect her sewer lines and if the power lines will be constructed above or below the ground. Mr. Alphagan Dave, 6012 Higgins Avenue, Sterling Heights, mentioned that he is fairly new to the area, and his concerns are of the increase of the dwelling density, maintenance, traffic, and the increase of people in the area. Mr. Jim Adair, 6091 Poplar Avenue, Sterling Heights, indicated his concerns are with the parking and how many spaces per unit will be permitted along with visitor parking. He would like to see some “no parking” signs posted on the side streets. Mr. Joe Judnick, 6040 Mulberry Drive, Sterling Heights, is in approval of the development yet would also like to see some “no parking” signs posted. Mr. Rowe asked Mr. Mende for any answers to the questions presented by the public. Mr. Mende responded to the following concerns from the public: 1. Ms. Madalinski’s sewer line. The line is on her property and contractors will be required to stay on their own property and any work that disturbs any abutting property owners, they will be required to take care of; 2. The traffic and parking issues. There are 124 parking spaces required and the plan is providing 128 spaces, which does exceed the minimum requirements; 3. Any no parking signs would need to be done in conjunction with the traffic division, Police Department and City Council. A study would need to be done by the traffic division to see if it’s warranted to place the no parking signs on the side streets. It is important to note that many residents oppose no parking restrictions because it impacts family and friends; 4. The variance requested on the density increase is driven by the fact that this property actually has three front yards so it has larger setback requirements; 5. Limiting the drive access out to Mound Road. That was a concern addressed by the residents, that they wanted no access to the side streets so the petitioner is carrying that condition forward. Mr. Mende stated that the maintenance and power line issues can be addressed by the petitioner. Mr. Rowe asked Mr. Mende about the pedestrians running across crossing Mound Road and what would the City entertain on this issue? Planning Commission Regular Meeting of April 09, 2015 Page 4 Mr. Mende stated that this would be considered jay-walking and very dangerous. Any pedestrian wishing to cross Mound Road should cross at the cross walk at the traffic light at M-59. Mr. Rowe called Mr. Ruggeri back to address the other issues presented. Mr. Ruggeri stated that the power lines will have to be moved and will be at the back end of the property. They would prefer them be underground but the DTE design team will dictate and has jurisdiction on where and how the lines are handled. Mr. Ruggeri stated as for staffing/maintenance, there will be a 24-hour person available but will not have a specific office unless a small surplus space is permitted after the construction, however, he does not see that happening. Mr. Ruggeri stated that building apartments here was not feasible and that’s why nobody has done it. The complex is very uniform and even though the density is more units, it’s confined to three units. Mr. Ancona asked Mr. Mende to address Mr. Dave’s comment about notification of this meeting. Mr. Mende stated that it is required, per State statue, that everyone within 300 feet of the property be notified and 46 property owners in this instance were notified. Mr. Mende verified his notification list and did not see Mr. Dave’s name on this list. That means that Mr. Dave is either outside the 300 ft. radius or the notice could possibly have gone to the previous resident, as Mr. Dave stated he just bought the home. Mr. Rowe asked for any other discussion or motion from the Board. Motion by Militello, supported by Norgrove, in the case number PZ15-1134, RSR Mound LLC/Poplar Properties LLC, to approve the request to conditionally rezone property from C-1 (Local Convenience Business) to RM-2 (Multiple Family Low-Rise) for the following reasons: 1. Conditional rezoning of this parcel based upon the proposed conditions and development plans will ensure that the development will be constructed in accordance with a specific zoning agreement between the petitioner and city, to benefit surrounding property owners and the city; 2. Conditional rezoning of this parcel based upon the proposed conditions and development plans will result a development compatible with the surrounding zoning and land uses; 3. Conditional rezoning of this property would provide a suitable land use in keeping with the stated planning principles as defined in the City’s Master Land Use Plan. Mr. Rowe asked for any discussion on the motion. Mr. Kollmorgen asked Mr. Mende if he was correct that the property was zoned for two floors/two stories about six or seven years ago? He also asked if there were any acceleration/deceleration lanes required at the exit and entrance. Mr. Mende stated that it was zoned for two stories and that Mound Road is a Macomb County jurisdiction. Lately, the Road Commission has been has been requiring deceleration lanes along Mound Road and whether they will require that in this case will be decided during plan review. Mr. Norgrove mentioned that he is pleased and feels this is the best use for this property. Mr. Rowe asked for any other discussion on the motion. Planning Commission Regular Meeting of April 09, 2015 Page 5 Ayes: Militello, Norgrove, Reinowski, Rowe, Ancona, Kollmorgen, Kopp, Miller Nays: None Absent: Jaboro Motion carried. CITIZEN PARTICIPATION Mr. Joe Judnick, 6040 Mulberry Drive, Sterling Heights, said congratulations to Mr. Ruggeri. No other citizen participation. APPROVAL OF MINUTES: Motion by Miller, supported by Militello, to approve the minutes of the February 12, 2015 meeting. Mr. Mende stated there are a few changes that are needed, the first one being that Mr. DeNault be removed as being present at the meeting and “Board of Appeals” be removed from the heading, both on page one. Mr. Rowe stated that this can be done administratively instead of postponing approval to next meeting. Ayes: Miller, Militello, Norgrove, Reinowski, Kollmorgen, Kopp Nays: None Absent: Jaboro Abstain: Rowe, Ancona Motion carried. Mr. Rowe asked Mr. Mende about having a new City Planner. Mr. Mende introduced Mr. Barry Hicks, formerly the Economic Development Manager. He will be sitting in at the planning and zoning meetings to get to know the lay of the land, so to speak, and we welcome him. CORRESPONDENCE Mr. Ancona stated The Michigan Planner, the regular issue but no other correspondence. NEW BUSINESS Mr. Norgrove asked Mr. Mende if delegates will be sent to these upcoming events mentioned in the Michigan Planner Magazine. Mr. Mende stated that the City Council does encourage that new members go to basic training. There has not been one scheduled for the Metro Detroit area but certainly if that comes up, first priority goes to any member that has not yet gone through any training. After that, if money is available and a board member has interest in an education session, that can be looked into. Mr. Norgrove asked if that would be made known at a later date. Mr. Mende stated yes. OLD BUSINESS None Planning Commission Regular Meeting of April 09, 2015 Page 6 MOTION TO ADJOURN Motion by Militello, supported by Kopp, to adjourn. Ayes: Militello, Kopp, Miller, Norgrove, Reinowski, Rowe, Ancona, Kollmorgen Nays: None Absent: Jaboro Motion carried. The meeting adjourned at 7:50 P.M. Respectfully Submitted, Benjamin Ancona, Secretary Planning Commission