Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL NOVEMBER 3, 2016 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Planning Commission held November 3, 2016. Mr. Reinowski called the meeting to order at 7:00 p.m. Members present at roll call: Geoff Gariepy, Paul Jaboro, Edward Kopp, Stefano Militello, Donald Miller, Jeffrey Norgrove, and Leonard Reinowski Members absent at roll call: Benjamin Ancona and Gerald Rowe Also in attendance: Chris McLeod, City Planner Don DeNault, City Attorney APPROVAL OF AGENDA Motion by Mr. Militello, supported by Mr. Jaboro, to APPROVE the Agenda. Ayes: Militello, Jaboro, Miller, Norgrove, Reinowski, Gariepy, Kopp Nays: None Absent: Ancona and Rowe Motion carried. Mr. Reinowski announced to the public PZ16-1145 – M-59 Properties, LLC asked for a postponement and anyone present for that case was welcomed to leave. PZ16-1146 – CarMax Auto Superstores, INC Requesting approval of a conditional rezoning from C-2 Planned Comparison Business district and C-3 General Business District to C-3 General Business district – South side of M-59 (Hall Road), east of Delco in Section 2. Property addresses (all or portions of): 12300, 12350, 12414, 12478, 12500 Hall Road Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod displayed site plans and gave an overview. He stated the applicant proposes to develop the property with a CarMax Automobile retailer consisting of the automobile retail facility, car wash, and car auction and associated automobile service use. The proposal includes two phases of development. The first phase would include the development of the Hall Road frontage with the actual pre-owned automobile dealership, which will include a 10,280 square foot sales, service and presentation building. The second phase will include the development of a nearly 40,000 square foot reconditioning and final quality control building along with additional parking and sales staging areas. As part of the proposal the applicant is asking for a number of variances:  Elimination of parking islands within the display/parking area.  Reduction in parking space size and configuration.  Reduction in maneuvering lane width.  Required tree plantings within the frontage greenbelt.  Required tree caliper size.  Fencing that utilizes slats for screening purposes. Mr. Reinowski asked for any questions from the Commission for Mr. McLeod. Planning Commission Regular Meeting of November 3, 2016 Page 2 Regarding the variance to reduce parking space size and configuration, Mr. Gariepy asked Mr. McLeod if it would be an easy fix to repaint lines in the parking area or would the changes be structural. He also asked if the parking spaces could be on an angle. Mr. McLeod stated it would substantially impact the parking field that is along the front. To put the spaces on an angle, it would have to be reviewed. Mr. Miller asked Mr. McLeod if they received the floor plan for the proposal. Mr. McLeod stated the elevations and Phase 1 floor plan were received after staff packets went out. Mr. Norgrove stated in the backup material, it seemed there were still many questions and concerns for the Planning Department. Mr. McLeod stated he hoped some of the concerns would be addressed in the applicant’s presentations but there are still concerns regarding structural issues in terms of the physical site plan. Mr. Miller asked if it’s possible to zone this site as a P-1. Mr. McLeod stated he felt if the application was going to move forward, it should stay as a C-3 conditional rezoning and be held at that level. Mr. Reinowski asked if the Commissioners had any other questions for Mr. McLeod. Being none, he asked for the petitioner to come forward to the podium. Phil Ruggeri, representing CarMax, came forward to the podium. He described CarMax as a Fortune 500 company, has 166 sites throughout the nation, and is ranked in the top 100 of places to work for the past 13 years. He displayed and explained the site plans. Amanda Steinle from Centerpoint Integrated Solutions came to the podium. They manage feasibility and entitlement work for CarMax across the country. She gave a presentation of the site plan. Mr. Miller asked how the semi-trucks would enter and exit. Ms. Steinle displayed on the site plan the enter/exit route for the trucks. Mr. Gariepy asked how does CarMax plan on bringing in their inventory to be sold and reconditioned before Phase 2 is put into place. Ms. Steinle stated they purchase vehicles from customers, auctions, their other stores, and from their nationwide inventory. Mr. Gariepy asked if it isn’t strictly necessary, could CarMax decide not build Phase 2. He asked if Phase 2 depends on their success at this location. Ms. Steinle stated they have 15 acres under contract because the intent is to build Phase 2. They could also have other stores in the region that would warrant the Phase 2 development. Steve Hudak, Real Estate Manager for CarMax, 12800 Tuckahoe Creek Parkway, Richmond, Virginia came forward to the podium. He stated the intent for CarMax is for this location to be the “hub store” for the Detroit area market. Mr. Gariepy asked why they aren’t more certain about when Phase 2 would be developed. Mr. Hudak stated sometimes it takes a long time for transactions to build the network. Mr. Miller asked about the parking area in Phase 2. Planning Commission Regular Meeting of November 3, 2016 Page 3 Ms. Steinle stated there are not designated parking spots in that area. Tim Ponton, 3989 Lake Forest Sterling Heights, is the local civil engineer from Stonefield Engineering. He stated in Phase 1 they are required to have 87 trees and they are proposing 131 trees, providing additional buffer along residential yards. When Phase 2 is developed they will add additional trees in the parking islands. He stated they feel they have met the intent of the landscape ordinance even though they are relocating the trees, which will add additional buffer to the residents. Mr. Gariepy asked where the bay doors are located in the Phase 2 building. He also asked about the direction the noise levels would be directed. He also asked about the ventilation regarding painting. Ms. Steinle stated the doors are always closed other than when a vehicle is entering or exiting. Mr. Hudak stated everything is fully vented and they meet Federal and State guidelines. Mr. Norgrove stated he was not comfortable with any business asking for twice the brightness abutting residential property. Ms. Steinle stated there are zero foot candles at the proposed 50 foot setback from property line with full cutoff shields and all lighting facing inward away from the residents. They are also proposing plantings of additional trees along that property line. Mr. Reinowski asked for any further questions from Commissioners. Being none, he asked for public participation. Leo Jerome, 44751 Oleander Dr., Sterling Heights, stated Phase 2 would be directly behind his home. He stated concern for noise levels from shop, music, intercoms, etc. He asked what hours the trucks would be bringing and dropping off vehicles. He also stated concern for hours of operation. Jerry Childers, 44725 Oleander Dr., Sterling Heights, stated he has the same concerns as his neighbor Leo Jerome. Karen Middleton, 12445 N. York Dr., Sterling Heights, stated her home is on the south end of the proposed development. She expressed concern for the amount of vehicles going in and out of the facility, the look of the building not being aesthetically pleasing, and the high volume of traffic it will produce on Hall Road. Chris Morrison, 44701 Oleander Dr., Sterling Heights, stated he has lived in the area only a few years. He believes the property is useful for other businesses of a less intense use. He mentioned there would be a negative impact to the area and their property values would go down if CarMax were to be developed. Mr. Reinowski asked if there were any other public participants wanting to speak. Being none, he closed public participation. Ms. Steinle stated CarMax does not use any kind of intercom or speaker system, they use cell phones to communicate. She explained truck flow pattern will be approximately 500 feet from residents. Deliveries will only be during working hours. Mr. Militello asked what the hours of the building would be. Ms. Steinle stated the Phase 1 facility is 7 a.m. – 6 p.m. and the Phase 2 facility would be 7 a.m. to 11 p.m. Phase 2 may fluctuate depending on the quantity of vehicles needing to be serviced. Mr. Gariepy asked if their customers return to CarMax to have their vehicles serviced and would customer owned vehicles be serviced in the Phase 2 facility. Planning Commission Regular Meeting of November 3, 2016 Page 4 Mr. Hudak stated all retail service work is done in the Phase 1 facility. They do light service work in the Phase 1 facility. Mr. Miller asked if they replace tires. Ms. Steinle stated there is a tire recycling storage area behind the Phase 1 facility. Mr. Reinowski asked for any other questions from Commissioners. Mr. Ruggeri expressed the CarMax company are good neighbors and would be an asset to Sterling Heights. He stated the narrow shape of the property is not conducive to most retailers. He stated this development is consistent with the Master Land Use Plan. Mr. Norgrove asked if this should possibly be postponed. Mr. Hudak stated based on some of the concerns, there are studies they could come back with and present if the case is postponed. Mr. McLeod stated he has reservations with some of the variances being requested. He feels with regards to the site planning issues, there are some things that still could be refined. He feels the majority of the issues could be resolved. Mr. Militello stated he feels this is a great project and the petitioner is complying with what is asked of them. Mr. Miller stated as an architect he has never put up a building without first submitting a floor plan. Mr. Gariepy stated the standards are in place for a reason and he would like to see Mr. McLeod use his knowledge in this case for an overall positive outcome for all parties involved. Motion by Mr. Gariepy, supported by Mr. Norgrove, to POSTPONE action on the requested conditional rezoning request, PZ16-1146, to allow the Office of Planning to complete its administrative review of the site plans submitted by the applicant on October 26, 2016, to allow the applicant to consider adding additional conditions to the conditional rezoning to address concerns raised by the Office of Planning, the Planning Commission and participants at the public hearing, and to allow the applicant to furnish additional information regarding its request. Mr. Reinowski asked if there was any discussion on the motion. Being none, he asked for a roll call vote. Ayes: Gariepy, Norgrove, Jaboro, Kopp, Miller, Norgrove, Reinowski Nays: Militello Absent: Ancona and Rowe Motion carried. Mr. Reinowski called for a five minute recess. Planning Commission Regular Meeting of November 3, 2016 Page 5 PUBLIC HEARING - PZ16-1149 – SLM Windmill LP Requesting approval of a conditional rezoning from C-2 Planned Comparison Business district to C-3 General Business district – North side of 18 Mile Road, east side of Dequindre Road in Section 7. Property Address: 2051 18 Mile Road Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod displayed site plans and gave an overview of the proposal. The property contains three contiguous properties situated at the northeast corner of 18 Mile Road and Dequindre Road. The applicants are proposing the conditional rezoning of the property to permit redevelopment of the existing 165,000 square foot shopping center with a new Kroger Marketplace Store and Kroger gasoline self-service station. The main difference in the overall use of the site as it currently stands is adding the fuel center. Mr. Reinowski asked if there were any questions from the Commissioners for Mr. McLeod. Mr. Miller asked Mr. McLeod why not just zone the portion of the gas station C-3 instead of the whole site. He also asked if any part of the old Kmart structure going to be reused or remodeled in the new development. Mr. McLeod stated the existing structure will be gone. The applicant has been working with the City from the beginning on how to go about the changes that needed to be done and all parties felt the best way was to rezone the entire site. Mr. Gariepy asked if there are any legal reasons the gas station could not be moved to the west end of the property. Mr. McLeod stated there is no legal reason but the general design is to have the gas station offset from the view of the store front. He does not believe there are any physical limitations for moving it to the west. Mr. Reinowski asked the petitioner to come forward to the podium. Chris Rogers, Real Estate Manager for Kroger 40399 Grand River, Novi, came forward and introduced the professional team for the project. Their project is to construct a Kroger Marketplace center and Kroger Fuel Station. He described the overall plan to upgrade the shopping mall. Mr. Gariepy asked what the time frame is to construct the fuel station. He also asked if the fuel station will be open 24 hours. Mr. Rogers stated about three months. That will include construction and all the inspections needed. The fuel station is run simultaneously with the Kroger Marketplace and is typically open from 6 a.m. through 11 p.m. Mike McPherson, Atwell, 2 Towne Square #700, Southfield, Civil Engineer consultant on the project. He talked about the addition of landscaping throughout the property and the lighting will all be completely replaced with state-of-the art LED system. At all five entrances they will use decorative lighting. Matthew Pisco, project collaborative fuel engineer, talked about the fuel at the Kroger Fuel center. There is no fuel smell when filling up tanks from the fuel trucks. The LED lighting is very concentrated. Mr. Gariepy asked how the fuel station will run before grocery store is open. Mr. Pisco stated the fuel center will be managed by the Kroger across 18 Mile Road until the Kroger Marketplace is finished. Mr. Reinowski asked for public participation. Planning Commission Regular Meeting of November 3, 2016 Page 6 Theresa Drensek, 41351 Ambercrest Dr., Sterling Heights, lives in the condominiums behind the complex where the trucks will be loading and unloading. She stated she would like to know what the back of the store will look like, what the lighting will be, and how many trucks will come a day. She also wanted to know who to contact if there are any issues during the demolition phase of the old Kmart building. She is concerned about noise. Mr. McPherson displayed and described the rear of the store. He stated there is a utility easement in the rear and makes it difficult to put in plantings. Daniel Carper, Construction Manager for Kroger, 40399 Grand River, Novi, stated truck deliveries come multiple times a day, various days of the week. He stated the demolition of the old building will be done in a very organized, safe manor. Mr. Gariepy asked what happens to food waste. Mr. Pisco stated it will be put in the compactor and emptied frequently. Mr. Norgrove asked if they will use a water suppression system to keep the dust down during demolition. Mr. Pisco stated they will use a water system if necessary. Mr. Reinowski asked petitioner to address where the pharmacy will be located. Mr. McPherson displayed site photo and explained the pharmacy will be at the west end of the building and traffic will circulate at west end. Mr. Gariepy asked for the rear elevation to be displayed. Victor Govorov, 41416 Ambercrest Dr., Sterling Heights, asked what will happen with current tenants and what will happen with the rest of the shopping center. Tyler Pridham from Slate Asset Management, 121 Kings Street, Ontario, Canada. He stated they are looking for national tenants to fill the space that would be conducive to Kroger and daytime shopping. They are in the process of helping certain tenants relocate. There will be upgrading done to the façade of the existing stores. Mr. Norgrove asked if there are any plans to put in a bar in the shopping center. He also asked what the time frame is for Ali Baba to relocate. He asked Mr. Pridham if he would speak with residents after the meeting regarding their concerns. Mr. Pridham stated there is no plan to put in a bar at the shopping center but are possibly looking for a restaurant that would enhance the overall shopping center. He also stated he would speak with the residents. Mr. Gariepy stated if the property is zoned C-3, there could be many more intense uses allowed. Mr. Pridham stated they would drop some uses, but not all. They would drop the dance hall use but Ali Baba would be grandfathered in. Mr. Miller asked if the fuel station could be built on the east end of the building and then that area would be C-3 and the rest would remain C-2. Mr. Rogers stated they could be a consideration. He stated in discussions with the city, they felt the current proposal would be better. Mr. Militello stated the recommendation of the Planner is for a C-3 zone to keep the property all one zone but some of the Commissioners are suggesting splitting the fuel station and the shopping center into two different zones. He asked Mr. DeNault for an opinion. Mr. DeNault stated that is a policy decision not a legal question. Mr. McLeod stated that was the City’s recommendation to zone all as C-3 but there is merit in having restrictions of certain C-3 uses for the future. Mr. Gariepy asked Mr. McLeod what is the reasoning for recommending to zone all as C-3. Mr. McLeod explained for a conditional zoning, this is the way the City prefers to Planning Commission Regular Meeting of November 3, 2016 Page 7 look at a rezoning request, through a conditional method so there are assurances of what the expectations are from both sides. Mr. McPherson stated they would be willing to add to the restrictions in the recommendation letter. They would include restricting automobile sales, hotel/motel, self-storage, and dance halls. Mr. Reinowski asked for any other questions from Commissioners. Being none, he called for a motion. Motion by Mr. Norgrove, supported by Mr. Jaboro, that the Planning Commission forward a recommendation to City Council to APPROVE case number PZ16-1149, SLM Windmill LP, request to conditionally rezone property from C-2 Planned Comparison Business District to C-3 General Business for the following reasons: 1. Conditional rezoning of this parcel based upon the proposed conditions contained within the development plans will ensure that the development will be constructed in accordance with a specific mutually agreeable conditional rezoning agreement between the petitioner and City prepared by the City Attorney, which incorporates the conditions offered by petitioner, to the benefit of surrounding property owners and the City; 2. Conditional rezoning of this parcel based upon the proposed development plans will result in a development compatible with the surrounding zoning and land uses. 3. That the conditions offered by the applicant that limit the types of uses that would be permissible onsite excluding automobile sales (both new and used vehicles), hotels/motels, self-storage, and dance halls ensure that the development will be compatible with the City’s Master Land Use Plan and surrounding land uses. 4. That the variances as outlined in the Office of Planning report are granted as a part of this motion and are found to be acceptable based on the overall character and nature of the development as proposed. Further this motion is based on the following: 1. That an acceptable conditional rezoning agreement be recorded delineating the terms and conditions of the proposed rezoning. 2. That site plan approval be sought and obtained through the Office of Planning and all remaining site plan comments being addressed. Mr. Reinowski asked for any discussion on the motion. Mr. Gariepy suggested amending motion to include specifics of restricted uses. Motion by Mr. Norgrove, supported by Mr. Jaboro, to AMEND number 3 to include specifics of restrictions. Mr. Reinowski asked for any further discussion on the motion. Being none, he asked for a roll call vote. Ayes: Norgrove, Jaboro, Reinowski, Gariepy, Kopp, Militello, Miller Nays: None Absent: Ancona and Rowe Motion carried. Mr. Reinowski called for a 5 minute recess. Planning Commission Regular Meeting of November 3, 2016 Page 8 PUBLIC HEARING – PPCM-1163 – Sadier Abro Requesting approval for a special approval land use for the operation of an automobile service facility within a C-3 General Business district – North of 17 Mile Road, west side of Mound Road in Section 17. Property Address: 39239 Mound Road Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod displayed the site plan and gave an overview stating the proposed application is for the construction of four new automobile service bays. The remaining six self-service car wash bays would remain in place as would the existing automated car wash. Mr. Reinowski asked if the Commissioners had any questions for Mr. McLeod. Being none, he asked the petitioner to come forward to the podium. Mr. Phil Ruggeri came forward on behalf of the petitioner. He stated the petitioner is in compliance with zoning requirements and the Special Approval Land Use fits this designation. He added the petitioner will follow any requirements the City would ask of this site. Mr. Reinowski asked for any questions from the Commissioners for the petitioner. Mr. Norgrove asked Mr. Ruggeri if the petitioner is comfortable with the restrictions for Special Approval Land Uses. Mr. Ruggeri stated yes, the petition will comply with the restrictions. Mr. Reinowski stated there was no public present for participation. He asked for a motion. Motion by Mr. Norgrove, supported by Mr. Miller, in the case of PPCM-1163, 39239 Mound Road, I move to APPROVE the Special Approval Land Use based upon the facts and plans presented, subject to the following conditions: 1. That the use and operation of the facility shall remain consistent with the scale and nature of the use as described in the proposal, at Public Hearing and reflected on the plans; 2. That the operator of the automobile service facility 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. Failure to meet these requirements shall be grounds to revoke the Special Approval Land Use as provided in the Zoning Ordinance; 3. That the owner of the site (as determined) and the operator of the automobile service facility (if different) file a Notice of Approval with the Macomb County Register of Deeds within sixty (60) days following this action. Failure to file this notice will serve as grounds to revoke the Special Approval Land Use as provided in the Zoning Ordinance; 4. That the owner of the site (as determined) and the operator of the automobile service facility (if different) file and deliver a Hold Harmless Agreement in favor of the City in form and substance satisfactory to the City Attorney. 5. That the owner of the site (as determined) and the operator of the automobile service facility (if different) provide adequate parking spaces for vehicles awaiting service or pickup after service has been performed. 6. That all repairs are to be conducted within the building, and the service bay doors remain closed except when vehicles are entering or leaving the bays. Planning Commission Regular Meeting of November 3, 2016 Page 9 7. That all requirements of Section 19.06 of the City of Sterling Heights Zoning Ordinance be met. 8. That there shall be no outdoor storage, including tires, parts or merchandise for sale permitted, including vehicles and/or storing of vehicles long term. 9. That all vehicles being worked on are currently licensed and are operational. 10. That there should be no offering of vehicles for sale on the site. 11. That all vehicles on the site be stored on site only for the time period the vehicles are being serviced (or awaiting delivery of parts). 12. That the landscaping for the site be installed in accordance with the requirements outlined in the Office of Planning Staff Report. Further, all landscape areas shall be irrigated. 13. That the petitioner maintains the site in compliance with the Zoning Ordinance requirements on a daily basis. This action is based on the following findings: 1. That the proposed change in use from car wash bays to automobile service center bays is in conformance with the specific planning standards of Section 13.02 I. of the Zoning Ordinance as outlined in comments #1-#4 above. 2. That the proposed automobile service center operation is in conformance with the general planning standards of Section 25.02 of the Zoning Ordinance as outlined in comments A-G above. 3. That the proposed automobile service center operation meets or exceeds all other applicable Zoning Ordinance requirements upon compliance with conditions #1-#13 above. Mr. Reinowski asked for any discussion on the motion. Mr. DeNault suggested number 8 be more clear regarding not storing vehicles. Motion by Mr. Norgrove, supported by Mr. Miller to AMEND number 8 of the motion. Mr. Reinowski asked for any further discussion on the motion. Being none, he called for a roll call vote. Ayes: Norgrove, Miller, Reinowski, Gariepy, Jaboro, Kopp, Militello Nays: None Absent: Ancona and Rowe Motion Carried. Planning Commission Regular Meeting of November 3, 2016 Page 10 CITIZEN PARTICIPATION None. APPROVAL OF MINUTES Motion by Mr. Militello, supported by Mr. Norgrove, to APPROVE the minutes of October 13, 2016. Ayes: Militello, Norgrove, Reinowski, Gariepy Nays: None Absent: Ancona and Rowe Abstained: Jaboro, Kopp, Miller Motion Carried. CORRESPONDENCE None. OLD BUSINESS Motion by Mr. Militello, supported by Mr. Jaboro, to POSTPONE case PZ16-1145 – M-59 Properties, LLC Mr. Reinowski asked for any discussion on the motion. Being none, he called for a roll call vote. Ayes: Militello, Jaboro, Miller, Norgrove, Reinowski, Gariepy, Kopp Nays: None Absent: Ancona and Rowe Motion carried. NEW BUSINESS None. MOTION TO ADJOURN Motion by Mr. Militello, supported by Mr. Jaboro, to ADJOURN . Ayes: Militello, Jaboro, Miller, Norgrove, Reinowski, Gariepy, Kopp Nays: None Absent: Ancona and Rowe Motion Carried. The meeting adjourned at 10:42 p.m. Respectfully submitted, Stefano Militello, Secretary Planning Commission