Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL April 13, 2017 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Planning Commission held April 13, 2017. Mr. Reinowski called the meeting to order at 7:00 p.m. Members present at roll call: Paul Jaboro, Edward Kopp, Stefano Militello, Donald Miller, Jeffrey Norgrove, Leonard Reinowski, Gerald Rowe, and Parmpreet (Pam) Sarau Members absent at roll call: Geoff Gariepy – Excused Also in attendance: Chris McLeod, City Planner Don DeNault, City Attorney APPROVAL OF AGENDA Motion by Mr. Miller, supported by Mr. Militello, to APPROVE the Agenda. Ayes: Miller, Militello, Norgrove, Reinowski, Rowe, Sarau, Jaboro, Kopp Nays: None Absent: Gariepy Motion carried. Mr. Reinowski introduced the new board member, Pam Sarau. Ms. Sarau gave a brief introduction of herself. Mr. McLeod stated the presentation for the 2017 Master Land Use Plan has been postponed due to a scheduling conflict. PZ17-0001 - Jeff Johnson Requesting approval of a conditional rezoning from R-100 One Family Residential to R- 80 One Family Residential District to allow for the development of seventeen (17) single family detached site condominiums – North of 18 ½ Mile Road, between Ryan Road and Mound Road in Section 8. Property addresses: 4875 Eighteen ½ Mile Road and 42245 Tessmer Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod displayed site plans and gave an overview stating this request is for a total of seventeen single family detached residential units, serviced by a single cul de sac roadway. The applicant is requesting a total of three variances as a part of the proposed site plan: 1) a variance to the minimum lot depth of residential lots, 2) a variance to the minimum lot area for residential lots, and 3) a variance to the maximum length of a cul-de-sac. Mr. Reinowski asked if the Commissioners had any questions for Mr. McLeod. Being none, he asked the petitioner to come forward to the podium. Pete Snyder, Urban Land Consultants, representing the applicant Jeff Johnson, came forward to the podium. He displayed a site plan and explained the overall configuration of the proposed site. Mr. Reinowski asked for any questions from the Commissioners. Mr. Miller asked what the difference is between the detention pond and the sediment pond. Planning Commission Regular Meeting of April 13, 2017 Page 2 Mr. Snyder stated a detention pond is water, flowing naturally, that would increase by a development. They are anticipating draining the backyards (to the south), somewhere else and not the detention pond. The Department of Environmental Quality requires storm water leaving the site be treated through a sediment pond. Mr. Reinowski called for public participation. Arkan Marogi, 4870 Norway Dr., Sterling Heights, stated the development will be too close to their backyards. James Joseph, 42537 Joe Ed Dr., Sterling Heights, is concerned because there are no stop signs or yield signs in the neighborhood and the traffic is already heavy. Karen Muglia, 42040 Tessmer Dr., Sterling Heights, is concerned about increased traffic in the area. She also has environmental concerns with the elimination of trees, more pollution to the water, the houses being too close together, and the wildlife being forced out of the area due to more development. Jim Kueber, 42802 Willsharon Dr., Sterling Heights, is concerned about the heavier traffic in the area. He made suggestion to put the drive through the other newer subdivision. Janet Senfftleben, 42302 Tessmer Dr., Sterling Heights, is concerned about traffic and safety of children. Ms. Dhillon, 42312 Hickorywood Dr., Sterling Heights, stated the right of way is on her property. She is strongly opposed to the road due to the safety of the residents, especially her children. She also stated concern for any water problems that will arise. Ron Ricks, 42237 Tessmer Dr., Sterling Heights, lives in the first house, south of the proposed road. He stated his home was not built as a corner lot home. Three sides of his home will be affected by the proposed road. He is strongly opposed to the road being put in off of Tessmer and stated they should build a bridge for access from 18½ Mile Rd. Abigale Branon, 42433 Tessmer Dr., Sterling Heights, is opposed because of the increased traffic and safety issue for the children. Craig Gloger, 42451 Malbeck, Sterling Heights, agrees with other residents and does not support the subdivision exiting onto Tessmer. Kathy Ricks, 42237 Tessmer Dr., Sterling Heights, lives in house right next to proposed road. She wonders how the road and subdivision will be constructed with walk-out basements when the land if flat behind her house. She has same concerns as other residents and is opposed to the road. Mrs. Benavides, 5791 Creek, Sterling Heights, stated she grew up at 42359 Joe Ed Dr., and is opposed due to the increase of traffic to the surrounding subdivisions. Jon Benavides, 5791Creek, Sterling Heights, agrees with other residents and stated there is zoning and setback requirements for a reason and doesn’t think this development fits the space. He also talked about the “wetlands” area and environmental concerns. Dennis Richardville, 42133 Tessmer Dr., Sterling Heights, stated vacant lots are going to be developed and creates more traffic and they will have to deal with it. Mr. Reinowski asked for any other public participation. Being none, he asked the Commissioners for any questions. Planning Commission Regular Meeting of April 13, 2017 Page 3 Mr. Norgrove stated multiple residents stated concerns for the traffic and currently there are no stop signs. He asked Mr. McLeod if the city has looked into the matter should this proposal get approved. Mr. McLeod stated he is not aware of any traffic studies that have been done in that area. The police department would have to do a study of traffic in the area and determine what would need to be changed in the area. Mr. Norgrove asked Mr. McLeod if the proposal fits in the Master Plan and does the proposed development fit in with the surrounding use. Mr. McLeod stated the current zoning and proposed zoning fits within the context of the overall Master Plan. He stated if you look at the other lots, the development does fit in with the area. Mr. Reinowski stated the Board members received correspondence from eleven residents opposing the proposal. Mr. Miller asked Mr. McLeod if there will be sidewalks in the new development and clarified details regarding the variances. Mr. McLeod stated the city does require sidewalks in new subdivisions. Mr. Rowe talked about the city’s special development options and asked Mr. McLeod if the petitioner has mentioned any site development options. Mr. McLeod stated they have not but with the conditional rezoning they are obtaining the same end result. Mr. Rowe stated he thinks the “one family cluster” option would work in this area and would like to see options presented reflecting that. He also mentioned accessibility for emergency vehicles. Mr. Snyder stated there are sidewalks proposed for the development. He also stated one of the standards, by the DEQ, to obtain a permit for a bridge (for access to 18½ Mile Rd.), is to prove there are no other alternatives because you would be impacting a state wetland and floodplain. Mr. Rowe suggested to Mr. Snyder to make the application and not assume the permit would not be granted. Mr. Miller asked Mr. Snyder if they have looked into a planned unit development for the property. Mr. Snyder stated they have not; they were trying to keep with the character of the area. Mr. Reinowski asked if there were any further question/comments. Being none, he called for a motion. Motion by Mr. Norgrove, supported by Mr. Militello, that the Planning Commission forward a recommendation to City Council to APPROVE case number PZ17-0001, Jeffrey Johnson, to conditionally rezone the subject property from R-100 (One Family Residential District) to R 80 (One Family Residential District), to allow the development of a seventeen (17) unit single family detached site condominium development as shown on the proposed plans for the following reasons: 1. Approving a conditional rezoning for 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 will incorporate the conditions offered by petitioner, to the benefit of surrounding property owners and the City; Planning Commission Regular Meeting of April 13, 2017 Page 4 2. That the proposed rezoning and associated site plan is consistent with the newly adopted City Master Land Use Plan for this area of the City by proposing a much less dense development than typically anticipated under the R-80 One Family Residential District; 3. The development to the north, “The Woods of North Sterling Condominiums” is very similar in terms of overall lot size and configuration, as are the lots to the east along Tessmer Drive (already zoned R-80 One Family Residential). 4. That the proposed variances have been found to be acceptable based on the proposed site plan, landscape plan, and review of the overall parcel configuration, physical limitations and location. This recommendation for approval is based on the following: 1. That the applicant agrees to obtain site plan approval for the proposed development on the property within twelve (12) months of the effective date of the ordinance amendment approving the rezoning or map amendment, to obtain a building permit for the proposed development within eighteen (18) months of such effective date, and to complete development of the proposed development within thirty (30) months of such effective date. 2. That a mutually agreeable conditional rezoning agreement be prepared by the City Attorney delineating the terms and conditions of the proposed rezoning to be executed by the property owner, (and facility operator, if different than the owner), and the City and recorded with the Macomb County Register of Deeds within sixty (60) days of approval of the conditional rezoning. 3. That revised site plans addressing the proposed site plan comments noted within the Office of Planning Staff Report be provided. Mr. Reinowski asked if there was any discussion on the motion. Motion by Mr. Miller to postpone case to consult with fire and police regarding their approval. No support, motion failed. Mr. Reinowski asked if there was any other discussion on the motion. Being none, he asked for a roll call vote. Ayes: Norgrove, Militello, Miller, Reinowski, Sarau, Jaboro, Kopp Nays: Rowe Absent: Gariepy Motion carried. Mr. McLeod stated this is a recommendation to City Council for rezoning. It is a two- step process; introduction and final decision. He stated you may contact the Planning office to find out when the case will go to City Council. Mr. Reinowski called for a ten minute recess. Mr. Reinowski called the meeting to order. PZ17-0002 - Planning Commission/City Council Proposed text amendments to Zoning Ordinance No. 278 amending Article 12 C-2 Planned Comparison District, by amending Section 12.02 Special Approval Land Use, subsections (f) and (g) regulating amusement device centers, Article 13 C-3 General Business District, by amending Section 13.02 Special Approval Land Use, subsections (g) and (h) regulating amusement device centers, Article 28 General Provisions, by amending Section 28.01 Amusement Devices, and Article 31 Definitions, by amending Planning Commission Regular Meeting of April 13, 2017 Page 5 Section 31.01 Definitions, and any other technical corrections related to Zoning Ordinance No. 278 (adopted September 13, 1989, as amended). Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod explained why they are proposing text amendment to the Zoning Ordinance provisions governing amusement devices. Mr. DeNault also gave a brief explanation. Mr. Reinowski asked if there were any questions from the Commissioners. Mr. Rowe asked Mr. McLeod the sequence of obtaining a license. Mr. McLeod explained if someone is an amusement device center, they would have to get approval from the Planning Commission. If approved, they would go to the Clerk’s Office for their application with their document of approval. Mr. Reinowski asked if there were any other questions from Commissioner. Being none, he asked for public participation. Matthew Dowers, 13913 Billette Dr., Sterling Heights, came to the podium. He is the owner of Big Toys at 33133 Mound Road. He stated they are a retail business for home use and asked Mr. DeNault if the proposed amendments would affect his business in any way. Mr. DeNault stated no. It would only affect him if the items they were selling were being placed in commercial establishments as rentals. Mr. Reinowski asked for any other public participation. Being none, he called for a motion. Motion by Mr. Miller, supported by Mr. Rowe, to RECOMMEND to the Sterling Heights City Council the approval of Zoning Ordinance No. 278 as presented. Mr. Reinowski asked for any discussion on the motion. Being none, he asked for a roll call vote. Ayes: Miller, Rowe, Norgrove, Reinowski, Sarau, Jaboro, Kopp, Militello Nays: None Absent: Gariepy Motion carried. SITE PLAN REVIEWS None CITIZEN PARTICIPATION None APPROVAL OF MINUTES Motion by Mr. Militello, supported by Mr. Kopp, to APPROVE the minutes of March 9, 2017 Planning Commission Meeting. Mr. Reinowski asked if there were any discussion on the motion. Being none, he asked for a roll call vote. Ayes: Militello, Kopp, Miller, Norgrove, Reinowski Nays: None Absent: Gariepy Abstained: Jaboro, Rowe, Sarau Motion Carried. Planning Commission Regular Meeting of April 13, 2017 Page 6 CORRESPONDENCE Letters from residents regarding case PZ17-0001. Michigan Planner OLD BUSINESS None NEW BUSINESS None MOTION TO ADJOURN Motion by Mr. Militello, supported by Mr. Jaboro, to ADJOURN . Ayes: Militello, Jaboro, Miller, Norgrove, Reinowski, Rowe, Sarau, Kopp Nays: None Absent: Gariepy Motion Carried. The meeting adjourned at 8:50 p.m. Respectfully submitted, Stefano Militello, Secretary Planning Commission