Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL FEBRUARY 11, 2016 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Planning Commission held February 11, 2016. Mr. Rowe called the meeting to order at 7:00 p.m. Members present at roll call: Benjamin Ancona, Paul Jaboro, Al Kollmorgen, Edward Kopp, Stefano Militello, Donald Miller, Jeffrey Norgrove, and Leonard Reinowski, and Gerald Rowe Members absent at roll call: None Also in attendance: Chris McLeod, City Planner Clark Andrews, City Attorney APPROVAL OF AGENDA Moved by Militello, supported by Kopp, to approve the Agenda. Ayes: Militello, Kopp, Miller, Norgrove, Reinowski, Rowe, Ancona, Jaboro, Kollmorgen Nays: None Absent: None Motion carried. PZ15-1138 – Stellar Hospitality Hall Road, LLC Request for Conditional Rezoning from C-2 (Planned Comparison Shopping) district to C-3 (General Business) district - East side of Delco Blvd between M-59 Hall Road and North York Drive in Section 2. Property Address: 44500 Delco Blvd. Mr. Rowe stated that correspondence was received from the petitioner asking that this item be postponed for sixty (60) days. He stated this item will not be considered this evening as the petitioner is not present. Motion by Militello, supported by Norgrove, in case PZ15-0048 - Stellar Hospitality Hall Road, to postpone to the meeting of April 14, 2016. Mr. Norgrove asked if they should ask for any public participation on this case if they did attend this evening. Mr. Rowe stated that since the petitioner is not present and the nature of the postponement is unknown that it would be best to wait until the April 14th meeting for any discussion. Ayes: Militello, Norgrove, Reinowski, Rowe, Ancona, Jaboro, Kollmorgen, Kopp Nays: None Absent: None Motion Carried. Mr. Andrews stated that he would like to mention for the record and for the public that there will not be another mailing because they were notified tonight of the postponement date. Planning Commission Regular Meeting of February 11, 2016 Page 2 PSP15-0048 – 7191 Associates, LLC Request for recommendation to City Council of variance to Ordinance # 196. The City of Sterling Height’s Subdivision Ordinance to allow a cul-de-sac road of over eight hundred (800) feet in length and to waive interior sidewalks. North side of 17 Mile Road between Mound Road and Van Dyke in Section 16. Property Address: 7191 Seventeen Mile Road. Mr. Rowe asked Mr. McLeod to provide background on the case. Mr. McLeod stated that one point of clarification on the actual agenda item. Since the posting of the amended agenda, it has been determined that the actual waiver of the sidewalks does not need to be considered by the Planning Commission. This can actually be done as an administration function. Tonight’s only action would be recommendation on the roadway length. Mr. McLeod stated to also keep in mind that this action is solely for the variance item. The actual site plan is still an administrative function, so moving forward, this will be a recommendation to the City Council on the variance for road length. Mr. McLeod stated the application is for a variance for a cul-de-sac length of over 800 feet. The applicants are proposing a roadway of approximately 2900 feet to access the property formally known as Sunnybrook Golf Course. This development will become an industrial subdivision ultimately and the road will provide access to a number of industrial properties that will be developed individually as time goes on. Mr. McLeod stated that the reason the Planning Commission is hearing this case is that the subdivision ordinance (Ordinance # 196) specifically indicates that variances from the subdivision regulations go from a Planning Commission recommendation to the City Council. There are several specific factors that the Planning Commission needs to take into consideration on making the recommendation on variances: A. That there are such special circumstances or conditions affecting said property that the strict application of the provision of this ordinance would clearly be impractical or unreasonable. In such cases, the subdivider shall first state his or her reasons in writing as to the specific provision or requirement involved and submit them to the Planning Commission; B. That the granting of the specific variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated; C. That such variance will not violate the provisions of Public Act 288 of 1967, as amended, that State Subdivision Control Act; D. That such variance will not have the effect of nullifying the interest and purpose of this ordinance and the Comprehensive Development Plan of this city; E. The Planning Commission shall include its findings and the specific reasons therefor in its report of recommendations to the City Council and shall also record its reasons and actions in its minutes. Mr. McLeod stated that the applicants are proposing to construct a 2,900-foot cul-de-sac on the former Sunnybrook Golf Course site. The cul-de-sac will provide the sole access to the 155 acres of property that is primarily zoned for industrial use. As currently shown on the plans submitted, a total of seven (7) sites are intended along with two (2) sites dedicated for storm water retention/detention. Right now the development of the sites is not an issue, those may change over time, since those are land divisions and can be handled administratively. Planning Commission Regular Meeting of February 11, 2016 Page 3 The rationale as provided by the applicant for the requested variance is that no viable secondary access point exists. The applicants have explored potential connections to Simms Drive to the west as well as Enterprise Drive to the north and Van Dyke to the east. The potential connections to the north and to the east would require the roadway to traverse the Plumbrook Drain. A crossing of the drain would likely require review by the Environmental Protection Agency, Michigan Department of Environmental Quality and the Macomb County Public Works Office and be very costly to construct. The connection to the west to Simms Drive would require the crossing of the railroad corridor which runs along the entire western length of the property. The applicant, as a part of their submitted materials, has also provided a map depicting other areas of the City’s industrial corridor where cul-de-sac lengths exceed or are equal to that permitted by Ordinance. The closest to this proposal is Simms Drive in terms of length at about 2,450 feet. Mr. McLeod stated that the Fire Department was contacted in regards to the proposed length of cul-de-sac. The Fire Department commented that the length of the road should not be an issue, and that if necessary, the Fire Department would utilize individual business drives for turn-arounds if necessary. In addition, the boulevard entrance was also seen as a positive to provide additional emergency access if necessary, from Seventeen Mile Road. The Sunnybrook Golf Course is one of the few substantial remaining developable industrial properties within the City. This property has historically been zoned for industrial purposes and lies centrally within the City’s overall industrial corridor. The depth of the property (approximately 3,900 feet) could suggest that a longer cul-de-sac may be necessary to provide access to the entire property and to allow the entire property to be utilized. Mr. McLeod stated as part of the review, it was requested the applicant provide a traffic study. The applicant did provide a traffic assessment, a lighter version of a traffic study. They have indicated from this assessment, that based on the anticipated turning movements to and from the site, including industrial traffic, that while the roadway capacities would be slightly deteriorated, there was no substantial change in the traffic patterns. The traffic assessment did make the recommendation that the exit of the industrial park provide both a dedicated right turn lane as well as a dedicated left turn lane. The site plan may need to be amended to reflect the additional roadway length of available stacking to accommodate the dedicated exit lanes (this may also increase the length of the entry boulevard). During the preliminary reviews of the site plan and discussions with the developer, concerns have been raised regarding the possible need for a traffic signal at the intersection of the entrance of Sterling Enterprise Park and 17 Mile Road. The proposed entrance for the Sterling Enterprise Park also aligns with one of the entrance/exits to the Chrysler plant on the south side of 17 Mile Road. The traffic assessment provided by the applicant does not specifically suggest the need for a traffic light, however, the operational levels will be at a low level of service during certain periods of the day and it may be appropriate to continue the exploration of installing a traffic light in this location to provide more efficient turning movements especially for truck traffic entering and exiting the site. Mr. Rowe asked for any questions from the commissioners for Mr. McLeod. Being none, Mr. Rowe opened up for the petitioner(s). Mr. Danny Sampson, the Chief Development Officer of Sterling Group located at 333 W. Fort Street in Detroit. Also present is Mr. Matt Robertson who directs construction services and Eli Torgow, the CEO of Sterling Group. Mr. Sampson stated it has been a pleasure to deal with the City of Sterling Heights and would like to add in addition to Mr. McLeod opening statement, that the project is seeing Planning Commission Regular Meeting of February 11, 2016 Page 4 tremendous activity from the private sector community so they are under some time restrictions in order to accommodate these various needs. Mr. Rowe opened up for any questions from the public. Ms. Dojcinovic indicated site has concerns with the sidewalk and parking. Opposed. Mr. Backus would like to know exactly where the road will be located and what will happen with the ditch. Mr. Rowe asked Mr. McLeod to present the plan to public. The Petitioner explained, per the drawing, the location and placement of the road and gave an overview of his proposal and stated they are working with both the County and the MDEQ (Department of Environmental Quality) for cleanup and improvement of the drain. Mr. Rowe asked for any other questions from the public. Being none, closed the public participation portion of the agenda item. Mr. Rowe stated they do have a recommendation from the Planning Office from the backup material provided and asked for any other questions or discussion from the board. Mr. Kollmorgen asked Mr. McLeod who would be waiving the sidewalk if not the Planning Commission and would like to comment that he feels a traffic signal is a must. Mr. McLeod stated the Planning Department would issue that waiver in discussion with the applicant and the City Administration. Mr. Rowe asked the petitioner how the access is being provided to Parcel G per the site plan. Mr. Sampson stated that it is unknown at this stage. Mr. Rowe asked for any other questions from the board. Being none, called for a motion. Mr. Norgrove asked who owns the mineral rights on this property. Mr. Turgow stated that he does not have an answer to that question today. There are several easements on this property but at this time, with their due diligence, has come up pretty clean. Mr. Rowe asked for any other questions from the Board. Being none, called for a motion. Motion by Norgrove, supported by Militello, for the Planning Commission to forward a recommendation to the City Council to approve the request for PSP15-0048 for 7191 Associates, LLC, a Variance request for a cul-de-sac of 2,900 feet in length subject to the following conditions: 1. That the decision of the City will remain in valid and in force as long as the facts and information presented to the City during the meeting are found to be correct, and that the conditions upon which the motion is based are forever maintained as presented to the City. The petitioner agrees to abide by and comply with all the ordinances of the city of Sterling Heights and the regulations of every lawful agency or governing authority now or hereafter in force; 2. Notice of the approval of the variance shall be delivered to the City Clerk’s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to file this notice shall serve as grounds to revoke the variance; Planning Commission Regular Meeting of February 11, 2016 Page 5 3. A Hold Harmless Agreement, in favor of the City of Sterling Heights, shall be delivered to the City Clerk’s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to file this agreement shall serve as grounds to revoke the variance; 4. That the applicant shall install a traffic signal at the intersection of Sterling Enterprise Park and 17 Mile Road at the applicant’s expense and meeting City specifications, if deemed necessary by the City of Sterling Heights to insure reasonable traffic flow and safety, provided that if the property is divided and / or sold, each parcel created by the land division shall be responsible for its prorated share of the cost of the traffic signal calculated on the basis of the ratio of the developable acreage of each parcel divided by the total acreage of the entire property that is divided, multiplied by the cost of the traffic signal (i.e. if a divided parcel contains developable property equal to 20% of the total acreage of the entire property, such divided parcel would be responsible for 20% of the cost of the traffic signal). 5. That the roadway design at the entrance be designed in conformance with the traffic assessment provided by the applicant to allow for dedicated right and left turn lanes to 17 Mile Road and an extended vehicle stacking area along the boulevard entrance; 6. That the site plans meet all requirements of the City’s Zoning Ordinance, Subdivision Regulations and Planning standards and be approved by the City’s Planning Department. 7. That the site plans meet all requirements and standards of the City’s Engineering Department. Mr. Rowe asked for any discussion on the motion. Mr. Norgrove stated that the development will be great for the City. Mr. Rowe asked in regards to the motion. Number 2 and Number 3 referring to the approval date of the applicable meeting minutes, does that include the Planning Commission minutes. Mr. Andrews stated probably not because the Planning Commission is just the recommending body. Mr. Rowe asked for any other questions or discussion on the motion. Being none, called for role. Ayes: Norgrove, Militello, Miller, Reinowski, Rowe, Ancona, Jaboro, Kollmorgen, Kopp Nays: None Absent: None Motion Carried ELECTION OF OFFICERS Mr. McLeod opened up for nominations by secret ballet from the commission. Nominations for Office of Chairman: Nominations for Ancona, Kollmorgen, Militello, Norgrove, and Reinowski Norgrove and Reinowski Accept Ancona, Kollmorgen and Militello Decline Mr. Reinowski was elected Office of Chairman Nominations for Office of Vice-Chairman: Planning Commission Regular Meeting of February 11, 2016 Page 6 Nominations for Ancona, Kopp, Militello, and Norgrove Ancona and Norgrove Accept Kopp and Militello Decline Mr. Ancona was elected Office of Vice Chairman. Nominations for Office of Secretary: Kopp, Militello, Miller, Norgrove, Militello and Norgrove Accept Kopp and Miller Decline Mr. Militello was elected Office of Secretary. PUBLIC PARTICIPATION None APPROVAL OF MINUTES: Motion by Militello, supported by Kopp, to approve the minutes of the January 14, 2016. Ayes: Militello, Kopp, Miller, Norgrove, Rowe, Ancona, Kollmorgen Nays: None Absent: None Abstained: Jaboro, Reinowski. Both not present at January 14th meeting. Motion Carried. CORRESPONDENCE Mr. Ancona stated that there is a copy of the policy statements and bylaws, copy of the training workshops for Planning and Zoning, a memorandum from Mr. McLeod for Master Land Use Plan and also the letter from the petitioner for the postponement for Case PZ15- 1138, a copy of the Michigan Planner. OLD BUSINESS Mr. McLeod stated as for the Master Use Plan, there are two dates that have been chosen for the next two forums will be March 16th and April 20th. Mr. Kollmorgen asked if the format will be like the last time or will there be a speaker. Mr. McLeod stated the presentation will be a bit different. It will not be such an open forum; it will be more interaction. At both of the upcoming Planning Commission meetings, the consultants will be present so the commissioners will have first-hand knowledge of what will be presented at the forum itself. The Commissioners will be able to provide input at their own planning commission meeting along with at the forum as well. Mr. Rowe asked if there is a deadline for the submittal on the Park and Recreation Plan. Mr. McLeod stated yes, and the typical deadline for a Park and Recreation Master Plan is March 1st and that would be if the City is applying for any recreation grants. He believes the City is not applying for any recreation grants this year, at least not through the state. NEW BUSINESS Mr. Rowe stated the sometime ago, the City found it necessary to curtail the Planning Commission receiving publication of Planning and Zoning news. He asked Mr. McLeod if he could ask City Administration if they might provide the subscription again. Planning Commission Regular Meeting of February 11, 2016 Page 7 Mr. McLeod stated that part of the budget process, he did inquire about this and he doesn’t remember the exact numbers but there was a substantial increase for the publication to go multiple persons. It still does come to the planning office if anyone would like to view it but it cannot be copied. MOTION TO ADJOURN Motion by Militello, supported by Jaboro, to adjourn. Ayes: Militello, Jaboro, Kollmorgen, Kopp, Miller, Norgrove, Reinowski, Rowe, Ancona Nays: None Absent: None Motion Carried. The meeting adjourned at 8:02 P.M. Respectfully submitted, Benjamin Ancona, Secretary Planning Commission