Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL May 11, 2017 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Planning Commission held May 11, 2017. Mr. Reinowski called the meeting to order at 7:00 p.m. Members present at roll call: Geoff Gariepy, Paul Jaboro, Edward Kopp, Donald mMiller, Jeffrey Norgrove, Leonard Reinowski, Gerald Rowe, and Parmpreet (Pam) Sarau Members absent at roll call: Stefano Militello – Excused Also in attendance: Chris McLeod, City Planner Clark Andrews, City Attorney APPROVAL OF AGENDA Motion by Mr. Miller, supported by Mr. Gariepy, to APPROVE the Agenda. Ayes: Miller, Gariepy, Norgrove, Reinowski, Rowe, Sarau, Jaboro, Kopp Nays: None Absent: Militello Motion carried. PPCM -1172 – Dyke Properties – Kevin Denha Requesting special land use approval for a business of a drive-through nature – East side of Van Dyke between 14 and 15 Mile Road in Section 34. Property address: 33800 Van Dyke Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod displayed site plans and gave an overview stating the applicant is proposing to redevelop the existing restaurant building, formerly occupied by the Red Hot and Blue sit-down restaurant, and construct an addition in order to redevelop the building into a larger, more modern commercial shopping center which is proposed to include approximately five tenant spaces, including a drive-through use at the north end of the building. Mr. Reinowski asked if the Commissioners had any questions for Mr. McLeod. Mr. Gariepy asked if the building will be newly constructed or will they be using part of the old building. Mr. McLeod stated the plans are evolving and most of the building will be new. He stated the owner would have more information. Mr. Reinowski asked if the Commissioners had any other questions. Being none, he asked the petitioner to come forward to the podium. Kevin Denha, 40700 Woodward Ave, Bloomfield Hills, 48304, came to the podium. He stated they thought about adding onto the building but based on structural engineering issues, they are rebuilding the entire building. He stated two of the units will be his businesses. One will be a Jamba Juice and the other a cell phone store. Mr. Miller asked Mr. Denha who the other tenants will be. Mr. Denha stated there are no other tenants secured at this time. Planning Commission Regular Meeting of May 11, 2017 Page 2 Mr. Norgrove asked if the speaker volume for the drive through will be controlled. Mr. Denha guaranteed they will handle any issues that may come up with noise levels from the speakers. Mr. Gariepy asked Mr. Denha if there will be a good site line near the drive-up “menu” area for the motorist exiting the parking lot. Mr. Denha stated the landscaping will be low and there will not be a blind spot issue. Mr. Rowe asked if they planned on putting up any signage for drive-thru customers to not block the parking lot exit. Mr. Denha stated they will put up the appropriate signs. Mr. Reinowski asked for any other questions from the Commissioners. Being none, he asked for public participation. Being none, he asked the Board for any further questions/comments. Being none, he called for a motion. Motion by Mr. Gariepy, supported by Mr. Rowe, that the Planning Commission APPROVE case number PPCM-1172, Kevin Denha, 33800 Van Dyke, to grant Special Approval Land Use for the redevelopment of the site as a shopping center with a business of a drive-in nature as shown on the proposed plans 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, at Public Hearing, and as reflected on an amended site plan provided which addresses the requirements in this Motion; 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. The decision of the Planning Commission shall remain valid and in force only as long as the facts and information presented to the Commission are found to be correct and the conditions upon which this motion is based are forever maintained as presented to the Commission. 4. That the site plan and use of the site comply with the conditions of approval of PZ17-0005. 5. That appropriate site plan and engineering plans meeting all other requirements of the City of Sterling Heights be provided. 6. That the photometric plan be revised to reflect the use of decorative lighting fixtures within the parking area. 7. Sign reviews are a separate review process and all signage shall meet the requirements of the City of Sterling Heights. 8. That a dedicated pedestrian walkway be provided from the Van Dyke Avenue frontage to the front of the building. 9. That the island along the drive through lane be planted with some form of flowing plant or decorative grass for the full length of the island. 10. That the appropriate outdoor patio license and nuisance mitigation plan (as applicable) be provided at the time the use(s) that will occupy the outdoor patio are known. This action is based on the following findings: Planning Commission Regular Meeting of May 11, 2017 Page 3 1. That the special approval land use has been found to be compliant with the specific planning standards of Section 13.02(B). 2. That the special approval land use has been found to be compliant with the general discretionary standards of Section 25.02. 3. That the applicant agrees to obtain site plan approval for the proposed development on the property within twelve (12) months. If site plan approval is not granted within twelve (12) months of special approval land use, the special approval land use shall lapse and be deemed null and void. Mr. Reinowski asked if there was any discussion on the motion. Being none, he asked for a roll call vote. Ayes: Gariepy, Rowe, Jaboro, Kopp, Miller, Norgrove, Reinowski, Sarau Nays: None Absent: Militello Motion carried. PPCM- 1173 – Ziad Koza Requesting special land use approval for a gasoline service station - East side of Dequindre Road, south side of 18 Mile Road in Section 18. Property address: 40980 Dequindre Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod explained the applicant is proposing the redevelopment of the existing gasoline service station with a new 3,216 square foot gasoline service station and convenience store along with four gas pumps. The proposed site plan includes the removal of two existing curb cuts, one each from the 18 Mile Road and Dequindre Road frontages and an increase in the overall greenbelt area being provided along both roadways. Mr. Reinowski asked if there were any questions from the Commissioners. Being none, he asked the petitioner to come forward. Matthew Peters, Jeffrey Scott Architects, 32316 Grand River, Farmington, came forward representing High Pointe Oil. Mr. Reinowski asked if there were any questions from Commissioners. Mr. Reinowski asked if this development will include a convenience store as well as a gas station. Mr. Peters answered yes. Mr. Reinowski asked if there were any other questions from Commissioners. Being none, he asked for public participation. Being none, he called for a motion. Motion by Mr. Miller, supported by Mr. Kopp, that the Planning Commission APPROVE case number PPCM-1173, Ziad Koza, 40980 Dequindre Road, to grant Special Approval Land Use for the redevelopment of the site as a gasoline service station as shown on the proposed plans 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, at Public Hearing, and as reflected on an amended site plan provided which addresses the requirements in this Motion; 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. Planning Commission Regular Meeting of May 11, 2017 Page 4 3. The decision of the Planning Commission shall remain valid and in force only as long as the facts and information presented to the Commission are found to be correct and the conditions upon which this motion is based are forever maintained as presented to the Commission. 4. That the site plan and use of the site comply with the conditions of approval of PZ17-0002. 5. That appropriate site plan and engineering plans meeting all other requirements of the City of Sterling Heights be provided. 6. The use of concrete masonry units (CMU), shall be limited on the building unless of a decorative variety. Building materials shall be reviewed and approved by the City Planner. 7. That the planting materials at the rear of the building be reviewed by the City Planner to determine whether larger/taller plant materials must be planted to provide an adequate buffer and screening. 8. The amount of landscaping within the parking islands must be increased to meet minimum City standards of fifty (50) percent. 9. That bike racks must be provided as a part of the overall site/landscape plan. 10. That a full photometric plan be provided as a part of site plan submittal showing compliance with Article 24. This action is based on the following findings: 1. That the special approval land use has been found to be compliant with the specific planning standards of Section 13.02(F). 2. That the special approval land use has been found to be compliant with the general discretionary standards of Section 25.02. 3. That the applicant agrees to obtain site plan approval for the proposed development on the property within twelve (12) months. If site plan approval is not granted within twelve (12) months of special approval land use, the special approval land use shall lapse and be deemed null and void. Mr. Reinowski asked for any discussion on the motion. Mr. Gariepy stated he is not in favor of the proposal due to the site being over-crowded with the current development plan. Mr. Reinowski asked for any other questions/comments on the motion. Being none, he asked for a roll call vote. Ayes: Miller, Jaboro, Reinowski, Rowe, Sarau, Kopp Nays: Gariepy, Norgrove Absent: Militello Motion carried. PZ17-0003 - Banquet Facilities - Planning Commission/City Council Proposed text amendments to Zoning Ordinance No. 278 amending Article 3, Article 12, Article 13, Article 14, and Article 31 of Zoning Ordinance No. 278 to define and regulate banquet and catering uses, social halls and other event facilities, accessory gathering and event rental rooms, and similar uses, and any other technical corrections related to Zoning Ordinance No. 278(adopted September 13, 1989, as amended). Planning Commission Regular Meeting of May 11, 2017 Page 5 Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod stated currently there is only one small reference in the Zoning Ordinance pertaining to banquet facilities. The City Council, based on staff recommendation, put a moratorium on the development and expansion of existing banquet facility, as well as any new banquet facilities. The initial moratorium was granted for six months. The City feels there needs to be regulations put in place due to seeing issues at facilities that provide banquet services. The moratorium will most likely be lifted in July when the new ordinances would be in place. Mr. Andrews gave an overview of the types of problems at the various types of banquet facilities and how the new regulations could mitigate the issues. Mr. Rowe asked about the places of worship that may have events. Mr. Andrews addressed the concern and explained it is sometimes difficult to “police” the issues and this ordinance will give the City a way to do that. Mr. McLeod stated this ordinance states that regardless if you are a private/public facility and you have a banquet type activity, this will bring the ordinance into action. Mr. Norgrove asked Mr. Andrews to clarify the regulation as to what time banquet facilities will have to end in the evening. Mr. Andrews stated because a lot of banquet facilities have liquor licenses, they can go until 2 a.m. They are not looking to change that, just have regulations for any nuisance type situation. Mr. Gariepy asked for clarification on a stand-alone banquet facility and an accessory banquet facility. Mr. Andrews explained an accessory banquet facility is when you would rent a room or a portion of the facility but the facility’s principal use is for something else. Mr. Reinowski asked the Commissioners for any further questions. Being none, he asked for public participation. Being none, he asked for a motion. Motion by Mr. Rowe, supported by Mr. Norgrove, that the Planning Commission RECOMMEND to the Sterling Height City Council approval of an amendment to Zoning Ordinance 278 as it pertains to governing banquet facilities as presented. Mr. Reinowski asked if there were any discussion on the motion. Being none, he asked for a roll call vote. Ayes: Rowe, Norgrove, Sarau, Gariepy, Jaboro, Kopp, Miller, Reinowski, Nays: None Absent: Militello Motion carried. PSP17-0013 - New York Deli Requesting approval for a nuisance mitigation plan for an outdoor patio service area - North of 14 Mile Road between Ryan and Dequindre in Section 31. Property address: 2421 14 Mile Road Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod displayed a photo of the patio space and gave an overview stating the City Council recently adopted a Zoning Ordinance text amendment and an amendment to the City Code to regulate outdoor patio spaces in order to minimize adverse external effects (like noise, vibration, etc.) upon neighboring tenants and properties. This is for a Planning Commission Regular Meeting of May 11, 2017 Page 6 24 person patio which abuts the parking lot for the restaurant. He stated there are no speakers on the patio and the deli does not sell alcohol which will limit the potential of any nuisances. Mr. Reinowski asked the Commissioners for any questions. Being none, he asked the petitioner to come forward. George Joki, manager of the Nu New York Deli restaurant, came forward to the podium. He stated it is a family style restaurant and they do not have a liquor license. He stated the patio has been open for about five years (as well as the restaurant) and they have never had an issue with complaints. Mr. Reinowski asked for any questions from the Commissioners. Being none, he asked for public participation. Being none, he asked for a motion. Motion by Mr. Rowe, supported by Mr. Jaboro, that the Planning Commission APPROVE case number PSP17-0013 Nu New York Deli, 2421 14 Mile Road, to grant approval of the proposed nuisance mitigation plan, subject to the following conditions: 1. That the development and operation of the outdoor patio space shall remain consistent with the scale and nature of the use as described in the proposal, at Public Hearing and reflected on the site plan provided; 2. That the petitioner shall 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. The decision of the Planning Commission shall remain valid and in force only as long as the facts and information presented to the Commission are found to be correct and the conditions upon which this motion is based are forever maintained as presented to the Commission. 4. That the four (4) conditions of the nuisance mitigation plan be complied with: a. There is no amplified sound system or outdoor music. b. There are no liquor sales or liquor consumption at the location or on the premises. c. The nearest residential unit is over two (200) feet away. d. Operation of the outdoor patio will be approximately from May to October of every year (weather permitting) and the hours of operation for the patio will be from 11 a.m. to 7 p.m. Monday through Saturday and 10 a.m. to 3 p.m. on Sundays. e. The operator of the OPS shall manage the OPS so that it does not cause or allow any noises, amplified music, televisions, displays, lighting, performances, or other forms of entertainment, vibrations, litter, or other nuisance conditions which may disturb any neighboring residents, tenants, or property owners. f. The operator of the OPS shall promptly implement appropriate, remedial measures to proactively address any nuisance complaints it receives regarding the OPS operation to avoid the Planning Commission having to take further corrective action pertaining to the nuisance mitigation plan or the OPS license. This action is based on the following findings: Planning Commission Regular Meeting of May 11, 2017 Page 7 1. That the operation of the outdoor patio space is of a size, scale and nature that should not cause nuisance to the abutting residential development due to no alcohol being consumed onsite and no outdoor music or sound being produced. 2. The abutting residential use to the north is over two hundred (200) away. 3. The abutting uses to the west, east and south will not be impacted by the use of the outdoor patio. 4. The existing patio space has not been cited by the City’s Code Enforcement Department for any noise issues. Mr. Reinowski asked if there were any discussion on the motion. Being none, he asked for a roll call vote. Ayes: Rowe, Jaboro, Sarau, Gariepy, Kopp, Miller, Norgrove, Reinowski Nays: None Absent: Militello Motion carried. PSP17-0020 Roger ’s Roost Requesting approval for a nuisance mitigation plan for an outdoor patio service area - East side of Schoenherr between 14 Mile Road and Moravian in Section 36. Property address: 33626 Schoenherr Road Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod displayed a photo of the patio space and gave an overview stating the patio space can accommodate seating for up to 68 persons with an additional 8-10 persons at the stand-up area around the bar. There is amplified music and alcohol is served. The single family to the east is over 500 feet away. The subdivision across Schoenherr (a five lane road) is buffered by landscaping. Mr. Reinowski asked for any questions from the Commissioners for Mr. McLeod. Mr. Gariepy asked if there have been any complaints from resident. Mr. McLeod stated there have been no code violations for noise issues. Mr. Reinowski asked the Commissioners for any other questions. Being none, he asked the petitioner to come forward. Gary Kotlarz, 33626 Schoenherr Rd., owner and operator of Roger’s Roost came forward to the podium. He stated Roger’s Roost has been in operation for 50 years and they have had the outdoor patio for 20 years. Mr. Reinowski asked for any questions from the Commissioners. Being none, he asked for public participation. Cheryl Warnock, 13328 Highland Circle, came forward to the podium. She lives in the condominiums across Schoenherr Rd. from Roger’s Roost. She stated she has never made a complaint but wanted to commission to know that every summer there are times when the noise level does not taper down at 11 p.m. She wanted to know what the plan is for the noise mitigation. Mr. Gariepy asked if the noise was from people or music. Ms. Warnock stated it has been both. Mr. Reinowski asked if there were any other public participation. Being none, he asked the Commissioners for any further questions/comments. Being none, he called for a motion. Planning Commission Regular Meeting of May 11, 2017 Page 8 Motion by Mr. Kopp, supported by Mr. Miller, that the Planning Commission APPROVE case number PSP17-0021 Roger’ Roost, 33626 Schoenherr Road, to grant approval of the proposed nuisance mitigation plan, subject to the following conditions: 1. That the development and operation of the outdoor patio space shall remain consistent with the scale and nature of the use as described in the proposal, at Public Hearing and reflected on the site plan provided; 2. That the petitioner shall 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. The decision of the Planning Commission shall remain valid and in force only as long as the facts and information presented to the Commission are found to be correct and the conditions upon which this motion is based are forever maintained as presented to the Commission. 4. That a sign be placed at the east exit of the restaurant indicating those leaving the facility should be quiet and respect the neighboring residential properties. 5. That the following conditions of the nuisance mitigation plan be complied with: a. The nearest residential unit is nearly two hundred (200) feet away. b. Operation of the outdoor patio will be weather dependent each year and the hours of operation for the patio will be open to 1 a.m. Sunday through Thursday and open to 2 a.m. Friday and Saturday. c. The operator of the OPS shall manage the OPS so that it does not cause or allow any noises, amplified music, televisions, displays, lighting, performances, or other forms of entertainment, vibrations, litter, or other nuisance conditions which may disturb any neighboring residents, tenants, or property owners. d. The operator of the OPS shall promptly implement appropriate, remedial measures to proactively address any nuisance complaints it receives regarding the OPS operation to avoid the Planning Commission having to take further corrective action pertaining to the nuisance mitigation plan or the OPS license. This action is based on the following findings: 1. That the operation of the outdoor patio space is of a size, scale and nature that should not cause nuisance to the abutting residential development due to the presence of Schoenherr Road creating a separation between the outdoor patio and the abutting residential development. 2. The abutting residential use to the west is approximately two hundred (200) feet away. 3. The abutting uses to the north and south are not apt to be impacted by the use of the outdoor patio. 4. The existing patio space has not been cited by the City’s Code Enforcement Department for any noise issues. Mr. Reinowski asked if there were any discussion on the motion. Mr. Norgrove asked Mr. Kotlarz if he would address the resident’s concern. Mr. Kotlarz stated it would be addressed. Planning Commission Regular Meeting of May 11, 2017 Page 9 Mr. McLeod stated the resident could contact the Planning Office with any noise issues if need be. Mr. Reinowski asked if there were any other discussion on the motion. Being none, he asked for a roll call vote. Ayes: Kopp, Miller, Norgrove, Reinowski, Rowe, Sarau, Gariepy, Jaboro Nays: None Absent: Militello Motion carried. CITIZEN PARTICIPATION None APPROVAL OF MINUTES Motion by Mr. Rowe, supported by Mr. Jaboro, to APPROVE the minutes of April 13, 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: Rowe, Jaboro, Kopp, Miller, Norgrove, Reinowski, Sarau Nays: None Absent: Militello Abstained: Gariepy Motion Carried. CORRESPONDENCE Received information regarding banquet facilities from Mr. Andrews, City Attorney. OLD BUSINESS None NEW BUSINESS Mr. Miller asked if the future agendas could be constructed in a way which the petitioners/residents would not have to wait so long for their cases to be presented. Mr. McLeod stated he would look into ordering the cases on the agenda somewhat differently. MOTION TO ADJOURN Motion by Mr. Jaboro, supported by Mr. Miller, to ADJOURN . Ayes: Jaboro, Miller, Kopp, Norgrove, Reinowski, Rowe, Sarau, Gariepy Nays: None Absent: Militello Motion Carried. The meeting adjourned at 9:00 p.m. Respectfully submitted, Stefano Militello, Secretary Planning Commission