Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL September 14, 2017 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Planning Commission held September 14, 2017. Mr. Reinowski called the meeting to order at 7:00 p.m. Members present at roll call: Lori Doughty, Geoff Gariepy, Edward Kopp, Stefano Militello, Donald Miller, Leonard Reinowski, Gerald Rowe, Parmpreet Sarau Members absent at roll call: Paul Jaboro – Excused Also in attendance: Chris McLeod, City Planner Clark Andrews, City Attorney APPROVAL OF AGENDA Motion by Mr. Gariepy, supported by Mr. Militello, to APPROVE the Agenda. Ayes: Gariepy, Militello, Kopp, Miller, Reinowski, Rowe, Sarau, Doughty Nays: None Absent: Jaboro Motion carried. PZ17-0008 – FRY Properties Request for a Conditional Rezoning from C-1 (Local Convenience Business District to C-3 (General Business District)– Northeast corner of Plumbrook and Schoenherr Road in Section 24. Current Zoning: C-1 Local Convenience Business District Property address: 13727 Plumbrook Road Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod displayed site plans and gave an overview stating the applicant is requesting conditional rezoning to allow for the development of a 2,064-square foot gasoline service station and associated convenience store. Mr. Reinowski asked if the Commissioners had any questions for Mr. McLeod. Mr. Miller asked Mr. McLeod about the rooftop screening. Mr. McLeod stated the ordinance indicates they will have to have rooftop screening but they are not at the level of detail yet to show how that will be accomplished. Mr. Reinowski asked if the Commissioners had any further questions for Mr. McLeod. Being none, he asked for the petitioner to come forward to the podium. Phil Ruggeri, representing the petitioner, came forward to the podium. He stated the property is odd shaped and hard to develop. He explained he feels there’s a need for a gas station in this location and the proposed building is above the typical design of a gas station. Ms. Doughty asked Mr. Ruggeri to address the fire lane and the tankers delivering the gas. Mr. Ruggeri displayed a site plan which showed the fire lane along the northeast tree line. Planning Commission Regular Meeting of September 14, 2017 Page 2 Mr. Miller asked how the lane will be along the trees. Mr. Ruggeri displayed the site map and explained. Mr. Ruggeri also stated there will be no burn, the tress will be on level ground. Mr. Rowe asked Mr. Ruggeri if there will be a sign posted regarding the fire lane. Mr. Ruggeri stated yes. Ms. Doughty asked Mr. Ruggeri to address the tanker deliveries. Mr. Ruggeri explained there will not be deliveries until after closing which will be around 11 p.m. Mr. Gariepy asked Mr. Ruggeri if the fire lane will be paved the same as the gas station and to explain the fire lane entrance and exit. Mr. Ruggeri displayed site plan and showed specifically the entrance points of the fire lane. Mr. Reinowski stated a letter was received from a nearby resident who asked if the two mature trees on the property will remain or be removed. Mr. Ruggeri stated there are no trees on the site. Mr. Miller asked if the Heartland site will lose any parking due to the double rows of trees. Mr. Ruggeri stated no. Mr. McLeod displayed an aerial view of the property and showed the open land owned by Heartland and also pointed out there are two remaining trees on the property along Plumbrook. Mr. Miller asked if Mr. Ruggeri inquired about purchasing part of the property owned by Heartland. Mr. Ruggeri stated there were willing to provide the easement for the trees, not sell their property. Mr. Reinowski asked for any other questions from the Commissioners. Being none, he asked for public participation. Lisa Flanigan, resident of Sterling Heights, is opposed to the proposal. She would like to see the area stay low commercial. Mr. Reinowski stated an email was received from Dawn Valarian. Mr. McLeod stated he was contacted by phone from residents, one being Ms. Flanigan. The other resident was a gentleman who was against the proposal; and another woman who asked about the proposal but was neutral. Mr. Reinowski asked for any further questions or comments. Being none, he called for a motion. Motion by Mr. Militello, supported by Mr. Miller, that the Planning Commission forward a recommendation to City Council to APPROVE case number PZ17-0008, FRY, LLC, to conditionally rezone the subject property from C-1 (Local Convenience Business District) to C-3 (General Business District), to allow the development of a 2,064-square foot gasoline service station with an associated convenience store, 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 September 14, 2017 Page 3 2. While the proposed use is not entirely consistent with the newly adopted Master Land Use Plan for this area, the proposed use develops an odd shaped, difficult to develop site with an attractive building which meshes with adjoining uses while fulfilling a need in a central section of the City along Schoenherr Road; 3. That the use and development proposed will provide a quality, highly aesthetic development on a property that would be otherwise difficult to develop due to size, shape, and proximity to major collector roads. This recommendation for approval is based on the following conditions: 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. 4. That an extra row of trees be placed and maintained on the adjacent property. Mr. Reinowski asked if there was any discussion on the motion. Mr. Andrews suggested a condition may want to be added regarding the extra row of trees as previously discussed. Motion by Mr. Militello, supported by Mr. Miller, to AMEND by adding condition #4. Ms. Doughty asked when the decision is made regarding the facade and the roof line. Mr. Militello stated it is the developer’s choice, but they will also have to work with the Planning Department. Mr. Rowe stated that he doesn’t feel a gas station is needed in this location and will vote against this proposal. Mr. Gariepy stated he feels uncomfortable with the variance requested for the setback and will also be voting against the proposal. Mr. Reinowski asked if there were any further comments on the motion. Being none, he asked for a roll call vote. Ayes: Militello, Miller, Reinowski, Sarau, Nays: Doughty, Gariepy, Kopp, Rowe Absent: Jaboro Motion: Vote resulted in a tie. There was a discussion as to the effect of a tie vote. Mr. Reinowski called the next case. PSP17-0038 – Larsa LLC Requesting approval for a nuisance mitigation plan for an accessory banquet facility - North of 14 Mile Road west of Ryan Road in Section 31. Planning Commission Regular Meeting of September 14, 2017 Page 4 Current Zoning: C-1 Local Convenience Business Property Address: 3995 14 Mile Road Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod displayed site plans and gave an overview stating the applicant is requesting approval for a nuisance mitigation plan, required by the city for any new banquet facility adjacent to residential. He explained the Nuisance Mitigation Plan in detail as submitted by Mr. Ruggeri, on behalf of the owner. He explained, as a banquet use, the City will require a license which will include the nuisance mitigation plan. If at any point the plan is not approved or followed, the applicant has the ability to amend the plan (subject to the Planning Commission approval) or come into compliance with the plan. If neither is done, the license would be reviewed and could be suspended or revoked. Mr. Reinowski asked if there were any questions from the Commissioners. Mr. Rowe asked Mr. McLeod to explain the “portable folding wall”. Mr. McLeod stated it is a collapsible folding wall used at banquet facilities to change the size of a room. Mr. Reinowski asked if there were any further questions. Being none, he asked the petitioner to come forward. Phil Ruggeri came forward on behalf of the petitioner. He explained after meeting with the city attorney and Mr. McLeod’s administration, they feel they have an amicable resolution for the mitigation plan for the site. He explained the petitioner has put a lot of effort into this facility to make it an upscale establishment. Mr. Reinowski asked if there were any questions from Commissioners. Mr. Miller asked Mr. Ruggeri about the “extended hours may be utiilized” which was stated in a letter dated from June. Mr. Ruggeri stated after review, there has been a revision to that statement and the specifics are in a letter dated in July. Mr. Reinowski asked if there were any other questions from Commissioners. Being none, he asked for public participation. Being none, he asked the Commissioners for any further comments. Mr. McLeod stated he spoke with the managing company of Bristol Village Apartments. They did not pose any formal objections; however, they are concerned about any late night noise. Mr. McLeod explained to them the city would have to be informed so steps could be taken to resolve the issues. Motion by Mr. Miller, supported by Mr. Rowe, that the Planning Commission APPROVE case number PSP17-0038 Larsa Palace, 3995 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 Planning Commission Regular Meeting of September 14, 2017 Page 5 and the conditions upon which this motion is based are forever maintained as presented to the Commission. 4. That the following conditions of the nuisance mitigation plan, as outlined within the applicant’s submittal and the Office of Planning Staff Report, be complied with along with the following:  The operator of the accessory use shall manage the accessory banquet use so that it does not cause or allow any noises, amplified music, displays, lighting, performances, or other forms of entertainment, vibrations, litter, or other nuisance conditions which may disturb any neighboring residents, tenants, or property owners.  The operator of the accessory banquet use shall promptly implement appropriate, remedial measures to proactively address any nuisance complaints it receives regarding the accessory banquet use to avoid the Planning Commission having to take further corrective action pertaining to the nuisance mitigation plan. This action is based on the following findings: 1. That the operation of the accessory banquet use is of a size, scale and nature that should not cause nuisance to the abutting multiple family residential development due to the conditions provided in the nuisance mitigation plan, a district separation wall between the proposed use and the abutting multiple family residential development and the presence of additional structures (covered car parking) between the use and the abutting multiple family development. 2. There is no outdoor space associated with the banquet use or the restaurant use. 3. The petitioner has indicated that all doors will remain closed and that the public doors face south, towards 14 Mile Road. 4. That the accessory banquet use is located centrally within the building, with an additional tenant space to the west, the kitchen area to the north and the main restaurant to the east. Mr. Reinowski asked for any discussion on the motion. Mr. Rowe asked Mr. McLeod about verbiage in #4, second bullet point, “or the banquet facility license.” Mr. McLeod stated it should be removed. Motion by Mr. Militello, supported by Mr. Rowe, to AMEND motion by removing “or the banquet facility license” from the motion. Mr. Reinowski asked for any further discussion on the motion. Being none, he asked for a roll call vote. Ayes: Militello, Rowe, Miller, Reinowski, Sarau, Doughty, Gariepy, Kopp Nays: None Absent: Jaboro Motion carried. CITIZEN PARTICIPATION Charles Jefferson of Sterling Heights came to the podium. He presented the Commissioners with a copy of a Facebook post. He was disappointed in comments made by a Commissioner and asked that he be removed from the Planning Commission. Mr. Reinowski stated the Commission has always allowed citizens to participate and to speak their mind. He stated it will continue, it’s their obligation. He explained regarding Planning Commission Regular Meeting of September 14, 2017 Page 6 any removal proceedings, it is not within the authority of the Planning Commission. He further explained the Board is appointed by the City Council and any removal action or reprimanding would be done by them. Mr. Reinowski asked if there were any other public participation. There was none. APPROVAL OF MINUTES Motion by Mr. Militello, supported by Mr. Kopp, to APPROVE the minutes of August 10, 2017 Planning Commission Meeting. Mr. Reinowski asked if there was any discussion on the motion. Being none, he asked for a roll call vote. Ayes: Militello, Kopp, Miller, Reinowski, Sarau, Gariepy Nays: None Absent: Jaboro Abstained: Doughty and Rowe Motion Carried. CORRESPONDENCE None OLD BUSINESS PZ17-0004 – J&M Plaza LLC (formally May Alisa) – Remanded back to Planning Commission by City Council Requesting approval of a conditional rezoning from R-60 (One Family Residential District) to C-1 (Local Convenience Business District) to allow the construction of a neighborhood shopping center - west side of Ryan Road, south of 16 Mile Road in Section 30. Current Zoning: R-60 One Family Residential District Property address: 36833 Ryan Road Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod displayed site plans and gave an overview stating the applicant is requesting conditional rezoning to allow for the development of a 6,312-square foot commercial shopping center. Mr. Reinowski asked if the Commissioners had any questions for Mr. McLeod. Mr. Gariepy asked Mr. McLeod if by reducing the building size by 200 sq. feet that allowed them to put the 10-foot greenbelt around the parking lot. Mr. McLeod stated they reduced the building by about 300 sq. feet which gave them room for the greenbelt. Mr. Miller asked Mr. McLeod to explain the “false windows”. Mr. McLeod stated it would be like a spandrel glass. There were privacy concerns from residents if there were typical windows facing their homes. The applicant does not have any issues using a “false window”. Mr. Reinowski asked if the Commissioners had any further questions for Mr. McLeod. Being none, he asked for the petitioner to come forward to the podium. Carl Dallo, 49136 Van Dyke, Shelby Twp., came to the podium. He explained they made many revisions to the variances required and addressed many of the concerns. He summarized the changes and believes it will better suit the property and the surrounding residents. Planning Commission Regular Meeting of September 14, 2017 Page 7 Mr. Reinowski asked for any other questions from the Commissioners. Being none, he asked for public participation. Amile, a Sterling Heights resident, came to the podium. She is opposed to the project. She is concerned with the applicant keeping up the property, privacy issues, traffic, etc. Mr. Augie Michaels, resident of 3941 Hearns Dr., Sterling Heights, came to the podium. He is opposed to the project. He stated there should be a transitional use or keep it residential. He is concerned about traffic issues, home values going down, and privacy issues. He stated he would like Mr. Dallo’s people to stop harassing him and other neighbors about the project. Eva Duda, 36551 Ryan Road Sterling Heights, came to the podium. She is opposed to the project. Traffic is one of her biggest concerns. Susan McNeil, 3965 Hearns Sterling Heights, came to the podium. She abuts the property. Doesn’t want to look at the roof of this project. She described all the business going up in the area and is very concerned about the traffic issues. Mr. Dallo stated they are not harassing anyone--they were trying to meet with the residents so they can work out any of the residents’ concerns with the project. The architectural designer stated she believes if everyone could be a little open-minded, they could provide something that works for everyone. She displayed the site plan and explained further the changes and things they’ve done to make the site acceptable. Mr. Militello asked Mr. McLeod about the type of tenants which will be in the building and stated this building is more of an office type use. Mr. McLeod stated he believes florist, barber shop, and an event planner. He explained an event planner could go in an office district but things like a florist and a barber shop could not. Mr. Reinowski asked for any further questions or comments. Being none, he called for a motion. Motion by Mr. Gariepy, supported by Mr. Militello, that the Planning Commission forward a recommendation to City Council to APPROVE case number PZ17-0004, May Alisa, to conditionally rezone the subject property from R-60 (One Family Residential District) to C-1 (Local Convenience Business District), to allow the development of a 6,312-square foot local convenience shopping center 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; 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 local business shopping center with uses consistent with the C-1 (Local Convenience Business District); 3. That the requested zoning is generally consistent with zoning patterns of the area, especially to the north and the east; This recommendation for approval is based on the following conditions: 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 Planning Commission Regular Meeting of September 14, 2017 Page 8 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. 4. That the site not be utilized for any restaurant, or any place selling food of any kind, fruit market, or meat market as a condition offered by the applicant. 5. That the proposed shopping center install and maintain the landscaping and screening adjacent to the residential uses at all times and keep the premises in a clean and orderly condition, free of trash, debris, or other undesirable materials that adversely affect adjacent residents. Mr. Reinowski asked if there was any discussion on the motion. Mr. Gariepy stated he was pleased to see the applicant revised the plans and did not need any variances and thought it was a good use for this property. Ms. Doughty asked if the trees along the masonry wall were on the business side or the residential side. Mr. McLeod stated the masonry wall will go on the property line and the trees will be planted on the interior (business side) of the wall. Mr. Rowe stated they have done an admirable job to revise the plans. He addressed the residents and stated the businesses going in there are a lower level use and he feels it is a good fit for the space. Mr. Miller stated it is very rare an applicant eliminates all the variances and he too feels the applicant did an admirable job in the revisions of the property. Mr. Reinowski asked if there was any further discussion on the motion. Being none, he asked for a roll call vote. Ayes: Gariepy, Militello, Kopp, Miller, Reinowski, Rowe, Sarau, Doughty Nays: None Absent: Jaboro Motion carried. NEW BUSINESS Mr. McLeod stated last month the question was raised in regards to putting a time limit on public participation. He reviewed the by-laws and explained the steps to amend the by-laws if the Board wanted to move forward. Mr. Reinowski asked the Commissioners for any questions. There was much discussion between the Board members regarding setting a time limit during public participation. Motion by Ms. Sarau, supported by Mr. Militello, to ADOPT changes to the by-laws, Policy No. P5, to allow citizens a time limit of three minutes to speak during public participation. Planning Commission Regular Meeting of September 14, 2017 Page 9 Mr. Miller suggested adding “Policy No. P5” to the motion. Motion by Ms. Sarau, supported by Mr. Militello, to AMEND motion by adding “Policy No. P5. Mr. Reinowski asked if there was any discussion on the motion. Being none, he asked for a roll call vote. Ayes: Sarau, Militello, Doughty, Gariepy, Kopp, Miller, Reinowski, Rowe Nays: None Absent: Jaboro Motion carried. Mr. Reinowski asked if everyone on the Board received the Michigan Planner and the information about the 2017 annual conference. Mr. Rowe asked about the Citizen Planner Program. Mr. McLeod stated information will be sent out promptly. MOTION TO ADJOURN Motion by Mr. Militello, supported by Mr. Gariepy, to ADJOURN . Ayes: Militello, Gariepy, Miller, Reinowski, Rowe, Sarau, Doughty, Kopp Nays: None Absent: Jaboro Motion Carried. The meeting adjourned at 9:30 p.m. Respectfully submitted, Stefano Militello, Secretary Planning Commission