Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL November 9, 2017 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Planning Commission held November 9, 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. Militello, supported by Mr. Gariepy, to APPROVE the Agenda. Ayes: Militello, Gariepy, Miller, Reinowski, Rowe, Sarau, Doughty, Kopp Nays: None Absent: Jaboro Motion carried. PPCM-1179 – Krenar Lazaj – Kenny’s Place Request for a Special Approval Land Use to permit a restaurant in a C-1 Local Convenience Business District – West side of Mound, north of Seventeen Mile in Section 17. Current Zoning: C-1 Local Convenience Business District Property address: 39505 Mound Road Motion by Mr. Rowe, supported by Mr. Militello, that case PPCM-1179 be removed from the agenda due to the fact that it has been determined the particular tenant space to be occupied is located in a C-3 General Business District which permits eating and drinking establishments as a permissible use. Mr. Reinowski asked if there was any discussion on the motion. There was none. Ayes: Rowe, Militello, Sarau, Doughty, Gariepy, Kopp, Miller, Reinowski Nays: None Absent: Jaboro Motion carried. PPCM-1180 – Damas Restaurant – Khuja Consulting, LLC Request for a Special Approval Land Use to permit a restaurant in a C-1 Local Convenience Business District – East side of Dequindre, south of 17 Mile Rd. in Section 19. Current Zoning C-1 Local Convenience Business District Property address: 38944 Dequindre Road Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod displayed site plans and gave an overview stating the applicant is proposing to operate a restaurant use within the central portion of the existing Franklin Square shopping center. The previous tenant in this location was a music center that is a permissible use in the district. Currently there are no other restaurants in the shopping center. Landscaping at the site does not meet current ordinances. Planning Commission Regular Meeting of November 9, 2017 Page 2 Mr. Reinowski asked if there were any questions from the Commissioners. Mr. Miller asked the petitioner how they would be removing the grease from the restaurant. The petitioner stated they will have a compartment by the dumpster which is provided by the company which picks up the grease monthly. Mr. Gariepy pointed out the dumpsters and compartment would not be enclosed and that is not in compliance with city ordinance. Mr. Reinowski asked the petitioner to give his name and an overview. Mr. Khuja, 10445 Bertram St, Dearborn, a consultant representing the tenant. He gave an overview of the proposed restaurant. Mr. Gariepy asked if there will be any visible smoke from the restaurant. He also again asked how the grease will be collected. Mr. Khuja stated there should not be any visible smoke. They have vents that are in compliance with the ordinances. The grease will be collected inside and will be dumped in a specific container by the dumpsters for pickup. Mr. Reinowski asked if there were any further questions. Mr. Rowe asked Mr. McLeod to explain further about the landscaping coming into compliance and what is the recommendation of the city. Mr. McLeod stated there are different options the Board could ask of the owner and/or the petitioner. He stated a percentage of landscaping would probably be best so the petitioner is not carrying the full burden of bringing the site into compliance. Mr. Rowe asked Mr. McLeod if there would be a timeline for new landscaping. Mr. McLeod explained there would be allowances for inclement weather but a timeline could also be stated in the motion. Ms. Doughty asked who took down the trees that used to be on the site. Mr. McLeod stated he believed it was the owner of the shopping center. Ms. Doughty stated she believes the property owner should be responsible for bringing the landscaping in compliance with current city ordinances. Mr. Gariepy asked Mr. McLeod if the site is in compliance currently whether the restaurant is opened or not. Mr. McLeod stated no, it is not currently in compliance with the city’s ordinances. Mr. Gariepy stated he agreed with Ms. Doughty that the site should be brought into compliance by the owner of the shopping center. Mr. Andrews stated the ordinance is written as such that any trees removed must be replaced under the property maintenance code. Mr. Militello asked for clarity regarding who would be responsible to bring the landscaping up to code. Mr. Andrews stated it would be the owner of the shopping center’s responsibility. Mr. Gariepy asked if the current dumpsters are supposed to be in a masonry enclosure. Mr. McLeod stated yes, current standards for dumpsters are that they are located within enclosures. Planning Commission Regular Meeting of November 9, 2017 Page 3 Tony Garmo, 762 Appalachi St., Commerce-Township, owner of the shopping center, came to the podium. Mr. Gariepy asked Mr. Garmo if he would bring the landscaping into compliance. Mr. Garmo stated he did not know there was any issues with the landscaping until this meeting. He said he would work with the city to bring the landscaping into compliance. Mr. Gariepy also asked Mr. Garmo about having an enclosure for the dumpsters installed. Mr. Garmo stated he did not agree, he doesn’t feel it is necessary, and it would be costly. Mr. Reinowski asked for public participation. Being none, he asked the commissioners for any further questions or comments. Mr. Rowe asked McLeod about enclosing one dumpster and the grease container for this use. Mr. McLeod stated the Planning Commission could decide to leave the other three dumpsters as is and just have an enclosure for the petitioner’s use. Motion by Mr. Rowe, supported by Mr. Militello, that the Planning Commission APPROVE case number PPCM-1180, Damas Restaurant, 38944 Dequindre Road, to grant Special Approval Land Use for the operation of a predominantly carryout restaurant with limited sit-down seating, within the noted tenant space that is approximately one thousand three hundred and sixty (1,360) square feet as descried in the application and shown on the proposed plans subject to the following conditions: 1. That the development and operation of the facility shall be operated as a predominantly carryout restaurant with no more than twelve (12) sit-down seats 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. That the use shall not in any way create any nuisance conditions to neighboring residential properties. 4. 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. 5. Sign reviews are a separate review process and all signage shall meet the requirements of the City of Sterling Heights. 6. That one additional dumpster enclosure and dumpster, including grease container be provided at the rear of the building in a location and manner that does not create a nuisance condition for the adjacent residential properties. Trash pickup shall abide by the days/hours permissible by City requirements. 7. That the site does not offer for sale, provide or permit the consumption of alcoholic beverages onsite. 8. That the hours of operation not exceed 9:00 a.m. to 9:00 p.m. (unless otherwise revised by the Planning Commission). 9. That the restaurant not be used as a banquet facility offering private catered events, and shall be open to the public during normal operating hours (except pre-opening food preparation and post-closing cleanup). Planning Commission Regular Meeting of November 9, 2017 Page 4 10. That the occupancy of the building shall be consistent with that described in the application. 11. That the site be brought into compliance with the landscaping requirements of the city as currently written by July 1, 2018. 12. That no visible smoke or obnoxious odors omit from the restaurant operation at any time. This action is based on the following findings: 1. That the special approval land use has been found to comply with the specific planning standards of Section 11.02(G). 2. That the special approval land use has been found to comply with the general discretionary standards of Section 25.02. Mr. Reinowski asked for any discussion on the motion. Mr. Gariepy suggested an amendment to condition #11 and also add #12. Motion by Mr. Rowe, supported by Mr. Militello, to AMEND #11 and add #12 to the conditions. Mr. Reinowski asked for any further discussion on the motion. Ms. Doughty asked if there should be a time limit stated to bring the landscaping to current ordinance. Motion by Mr. Rowe, supported by Mr. Militello, to AMEND #11 to add a specific date. Mr. Reinowski asked for any further discussion on the motion. Being none, he asked for a roll call vote. Ayes: Rowe, Militello, Sarau, Doughty, Gariepy, Kopp, Miller, Reinowski Nays: None Absent: Jaboro Motion carried. PPCM-1181 – Jack’s Burgers – Nazhat Gaggo Request for a Special Approval Land Use for a restaurant in a C-1 Local Convenience Business District as well as for a Nuisance Mitigation Plan for an Outdoor Patio Space- North side of 19 Mile Road, east of Schoenherr in Section 1. Current Zoning: C-1 Local Convenience Business District Property Address: 13839 19 Mile Road Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod displayed site plans and gave an overview stating the applicant is proposing to operate a restaurant/bar use within the eastern tenant space of the existing shopping center. They will also need a license from the clerk’s office for the outdoor patio space. The landscaping does not meet current requirements. Mr. Reinowski asked if the Commissioners had any questions for Mr. McLeod. Mr. Gariepy asked Mr. McLeod about the landscaping and dumpster enclosure. Mr. McLeod stated the landscaping was not in compliance when developed and they would like to see the dumpster enclosed. Planning Commission Regular Meeting of November 9, 2017 Page 5 Jack Bahri, 40157 Steel Rd., Sterling Heights and Nazhat Gaggo, 2581 Mill Pond Dr. Sterling Heights, came to the podium. Mr. Bahri stated they are opening a bar/restaurant which will have televisions, craft beers, and will specialize in burgers. Mr. Miller suggested a postponement due to the nuisance mitigation plan not being submitted in time for the Board to review. He found errors in the plan and would like to give the applicant time to resubmit a revised plan to the Planning Commission. Mr. McLeod explained when you have this type of use in a shopping center the city looks at what is required a bit differently. He stated as it stands now, the applicant has an excess of 15 parking spaces based on general standards. Mr. Gariepy asked Mr. McLeod if the concern for parking spaces is the overlap that could possibly occur during a lunch rush when the other businesses are open. Mr. McLeod stated yes; the question is will there be adequate parking at all times. Mr. Gariepy asked the petitioners how they would handle if parking became an issue; what they foresee the revenues coming from; and would there be any smoke emanating from the restaurant from cooking. Mr. Bahri stated they could possibly close off a few tables if parking became an issue. He stated he sees a 50/50 split for the revenue generated from food and alcohol. He stated they will be doing a lot with craft beers, specializing in burgers, and having a limited menu. There will not be any smoke because they will not be using an open flame. Mr. Militello asked Mr. McLeod if parking could be put in the back if needed at a later date. Mr. McLeod stated there would not be room because you would still have to have a maneuvering lane that is at least 20 feet wide. Mr. Bahri stated they could possibly wait to construct the patio and see how the parking issues play out after they open. Ms. Doughty asked if the masonry wall would be constructed now or wait to see if there is residential developed. Mr. McLeod stated the ordinance does require the wall but it may be put off until the property is developed as residential. Mr. Rowe stated he feels they should proceed with a motion to approve as the petitioner had already gone to the city and was initially given approval. He is in favor of waiting on the outdoor patio space. Mr. Gariepy stated he would like to see in the motion that the landscaping and the dumpster enclosure be brought up to the city’s current ordinance. Mr. Reinowski asked for any other questions from the Commissioners. Being none, he asked for public participation. Christopher Semma, 6631 Queen Ann Dr., West Bloomfield, friend of the petitioners. He stated the petitioners want to bring a delicious food option to this location and jobs to the establishment. He stated the petitioners went to the city and was told there were “good to go”. They purchased a liquor license and have put significant capital in the business already based on what the city told them. Mr. Gariepy stated he has to comply within the zoning laws. Ms. Sarau stated there would be a grace period for the landscaping to get done. Planning Commission Regular Meeting of November 9, 2017 Page 6 There was discussion regarding the petitioners being held responsible if the landlord does not bring the landscaping up to current ordinance. Mr. Reinowski asked for any further questions or comments. Being none, he called for a motion. Motion by Mr. Sarau, supported by Mr. Militello, that the Planning Commission APPROVE case number PPCM-1181, Jack’s Burgers and Craft Beer, 13839 19 Mile Road, to grant Special Approval Land Use for the operation of a restaurant/bar, within the eastern most tenant space (approximately three thousand one hundred and twenty- eight (3,128) square feet) as described in the application and shown on the proposed plans subject to the following conditions: 1. That the development and operation of the facility shall be operated in a manner that is 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 so that it will not create any nuisance to neighboring properties. 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. That the use shall not in any way create any nuisance conditions to neighboring residential properties. 4. 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. 5. Sign reviews are a separate review process and all signage shall meet the requirements of the City of Sterling Heights. 6. That a dumpster enclosure and dumpster, including grease container be provided against the building and shall not be located along the northern most property line. Refuse removal shall abide by City requirements for days/hours for removal. Trash such as bottles, cans, etc., shall not be removed from the inside of the building past the hours of 11 p.m. 7. That the site be brought into full compliance with all landscaping requirements as currently written by July 1, 2018. 8. The use shall abide by the hours defined within the business plan submitted for review and dated October 18th, 2017. 9. If the proposed restaurant use will also provide banquet type operations, the appropriate licenses and nuisance mitigation plans shall be applied for through the City Clerk’s Office and the Office of Planning. 10. The site shall be open to the public during all hours of operation. 11. The use shall not stay open passed 2 a.m. with the exception of performing necessary clean up and that the doors of the facility shall remain closed at all times. 12. That the required district boundary wall (between the subject site and the abutting single family residential property) be installed at the cost of the shopping center owner and/or tenant, should the abutting residential property be developed for residential purposes, and that a document satisfactory to the City Attorney be recorded to ensure its installation. Planning Commission Regular Meeting of November 9, 2017 Page 7 13. The outdoor patio is not permitted at this time and the area that the patio is shown shall remain as parking until such time an appropriate site plan, nuisance mitigation plan, and appropriate parking can be shown. This action is based on the following findings: 1. That the special approval land use has been found to comply with the specific planning standards of Section 11.02(G). 2. That the special approval land use has been found to comply with the general discretionary standards of Section 25.02. 3. That at this time, the property immediately to the north is not developed for single family residential purposes and that the motion contains requirements that should the property to the north be developed that the required district wall be installed at that time. Mr. Reinowski asked for any discussion on the motion. Mr. Rowe and Mr. McLeod suggested adding a condition regarding the outdoor patio space. Motion by Sarau, supported by Mr. Militello, to AMEND by adding condition #13. Mr. Reinowski asked for any further 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. CITIZEN PARTICIPATION None APPROVAL OF MINUTES Motion by Mr. Miller, supported by Mr. Doughty, to APPROVE the minutes of October 12, 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: Miller, Doughty, Reinowski, Sarau, Gariepy, Kopp Nays: None Absent: Jaboro Abstained: Gariepy and Rowe Motion Carried. CORRESPONDENCE None OLD BUSINESS None NEW BUSINESS None MOTION TO ADJOURN Motion by Mr. Militello, supported by Mr. Sarau, to ADJOURN . Planning Commission Regular Meeting of November 9, 2017 Page 8 Ayes: Militello, Sarau, Miller, Reinowski, Rowe, Doughty, Gariepy, Kopp Nays: None Absent: Jaboro Motion Carried. The meeting adjourned at 8:50 p.m. Respectfully submitted, Stefano Militello, Secretary Planning Commission