Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL December 14, 2017 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Planning Commission held December 14, 2017. Mr. Reinowski called the meeting to order at 7:05 p.m. Members present at roll call: Lori Doughty, Edward Kopp, Donald Miller, Leonard Reinowski, Parmpreet Sarau Members absent at roll call: Geoff Gariepy, Paul Jaboro Stefano Militello, and Gerald Rowe – Excused Also in attendance: Chris McLeod, City Planner Clark Andrews, City Attorney APPROVAL OF AGENDA Motion by Mr. Miller, supported by Mr. Kopp, to APPROVE the Agenda. Ayes: Miller, Kopp, Reinowski, Sarau, Doughty Nays: None Absent: Gariepy, Jaboro, Militello, Rowe Motion carried. Mr. Reinowski stated case PPCM-1183 is being postponed until January 11, 2018 due to board members being absent. PPCM-1183 – Michelle Finateri Request for a special approval land use which if granted would allow a recreational facility furnished by a private contractor on a city owned and operated park facility to be located in a R- 70 (One Family Residential District) – Island Park – South of Hall Road, west of Hayes Road, south of Lakeside Circle in Section 1. Current Zoning: R-70 One Family Residential District Property Address: 14700 Shoreline Drive Motion by Mr. Miller, supported by Mr. Kopp, to POSTPONE case PPCM-1183 - Michelle Finateri to the January 11, 2018 meeting. Mr. Reinowski asked if there was any discussion on the motion. There was none. Ayes: Miller, Kopp, Reinowski, Sarau, Doughty Nays: None Absent: Gariepy, Jaboro, Militello, Rowe Motion carried. PPCM-1182 – Tony Gallo Request for a special approval land use which, if granted, would allow a self-storage facility to be located in a C-3 (General Business District) – North of Metropolitan Parkway on the east side of Van Dyke in Section 22. Current Zoning: C-3 General Business District Property address: 37680 Van Dyke Mr. Reinowski asked Mr. McLeod for an overview. Planning Commission Regular Meeting of December 14, 2017 Page 2 Mr. McLeod displayed site plans and gave an overview stating the applicant is proposing to develop a 20,750 square-foot indoor self-storage facility within the existing Sterling Place Plaza. There would be approximately 150 rentable storage units. Mr. Reinowski asked if there were any questions from the Commissioners. Being none, he asked the petitioner to come forward to the podium. Tony Gallo, 6303 26 Mile Rd, came to the podium on behalf of the petitioner. He is the owner of the shopping center and is seeking an adaptive reuse of a portion of the shopping center. Overall size of the shopping center is approximately 130,000 square feet. Mr. Gallo asked, if the Board votes in favor of the motion, that number 8 be removed from the conditions of the motion. He explained when they purchased the shopping center about four years ago, they have already made many improvements to the site. Mr. Miller asked Mr. McLeod if the landscaping is in compliance currently. Mr. McLeod stated no. He explained there would need to be additional trees and shrubs added to the site to be in compliance. If the Planning Commission left number 8 as a condition, the Planning Department would do an assessment of the property and then work with the applicant to implement additional plantings. Mr. Miller asked if the Board has the ability to strike number 8 from the motion. Ms. Doughty stated other applicants have come before the Board and they are also asked to upgrade to the current ordinance. Mr. Gallo stated when they previously updated the landscaping, they put in many shrubs and updated the entrance ways. He stated if they were not asking for a special approval land use, they would not be required to update the landscaping. Mr. McLeod explained they have asked other applicants which were requesting a special approval land use to come into compliance. If a permissible use was going in the center, they would simply go through the use permit process through the Building Department and not have to ask for a special approval land use which requires landscaping to be up to date. Mr. Andrews explained the Board does have the ability to take into consideration all the updating that has already been done and determine if anything more needs to be added. Mr. Gallo stated he is not trying to make a request that is not in the best interest of the city or his property. They take pride in keeping their properties well maintained. Mr. Miller asked Mr. Gallo what would stop someone from storing hazardous materials in the units. Mr. Gallo stated it is not prohibited by the lease agreement and they would have to right to enter any unit if they thought something was being stored that shouldn’t be. There was discussion among the Board regarding whether they should require a small amount of landscaping at this time. Mr. Reinowski asked for any public participation. Being none, he called for a motion. Motion by Mr. Kopp, supported by Mr. Miller, that the Planning Commission APPROVE case number PPCM-1182, Self Storage Max, Tony Gallo, 37680 Van Dyke, to grant Special Approval Land Use for the development of the specified tenant spaces as an indoor self-storage facility as shown on the proposed plans subject to the following conditions: Planning Commission Regular Meeting of December 14, 2017 Page 3 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 petitioner 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; 5. That the petitioner files and delivers a Hold Harmless Agreement in favor of the City in form and substance satisfactory to the City Attorney. 6. That appropriate building plans meeting all requirements of the City of Sterling Heights be provided. 7. Sign reviews are a separate review process and all signage shall meet the requirements of the City of Sterling Heights. 8. That the applicant works with the City’s Office of Planning to provide up to eight (8) additional plantings along the Van Dyke Road frontage towards compliance with the City’s landscaping requirements based on the size of the lease space. 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(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 for any discussion on the motion. Being none, he asked for a roll call vote. Ayes: Kopp, Miller, Reinowski, Sarau, Doughty Nays: None Absent: Gariepy, Jaboro, Militello, Rowe Motion carried. PZ17-0010 – Ashley Capitol, LLC Request for a Conventional Rezoning from M-1 Light Industrial District to M-2 Heavy Industrial District – North of 14 Mile Road on the east side of Mound Road in Section 33. Current Zoning: M-1 Light Industrial Property Address: 33500 and 33600 Mound Road Mr. Reinowski asked Mr. McLeod for an overview. Mr. McLeod displayed a concept plan and gave an overview stating the applicant is requesting a Conventional Rezoning of two separate parcels. This would allow a potential development of a 550,000 square-foot industrial “spec” building while leaving approximately 7.3 acres vacant for a build to suit building. The existing building would remain. Mr. Reinowski asked if the Commissioners had any questions for Mr. McLeod. Being none, he asked the petitioner to come forward to the podium. Planning Commission Regular Meeting of December 14, 2017 Page 4 Ken Bowen, 42884 Waterford Rd, Northville, came to the podium. He manages all of Ashley Capitol construction. He gave background information about Ashley Capitol. He stated there are no current prospects for the building, it will be built as a spec building. Mr. Reinowski asked for any other questions from the Commissioners. Being none, he asked for public participation. Being none, he asked for any further questions or comments. Being none, he called for a motion. Motion by Mr. Miller, supported by Mr. Kopp, that the Planning Commission forward a recommendation to City Council to APPROVE case number PZ17-0010, Ashley Capitol LLC, to conventionally rezone the subject property from M-1 (Light Industrial District) to M-2 (Heavy Industrial District) for the following reasons: 1. That the proposed rezoning is generally consistent with the newly adopted City Master Land Use Plan for this area of the City; 2. That the proposed rezoning is a logical extension of the City’s M-2 (Heavy Industrial District) and is generally consistent with the surrounding zoning patterns; 3. That the proposed rezoning eliminates a split zoning of the property by unifying the entire zoning of the property as M-2 (Heavy Industrial District); 4. That the use of the property to the south being a concrete crushing facility is an M-2 (Heavy Industrial District) type use. 5. That the properties to the north, that are zoned M-1 (Light Industrial District) are buffered from the subject property by the watercourse, floodplain, and woodland area associated with the Big Beaver Creek. 6. The property has direct access to Mound Road which is one of the main industrial road corridors within the City. Mr. Reinowski asked for any discussion on the motion. Being none, he asked for a roll call vote. Ayes: Miller, Kopp, Reinowski, Sarau, Doughty Nays: None Absent: Gariepy, Jaboro, Militello, Rowe Motion carried. PPCM-1184 – Tiffany Plaza, LLC – Hani Mio Request for a special approval land use which if granted would allow for a drive through facility to be located in a C-3 (General Business District) – North side of 15 Mile Road, east of Van Dyke in Section 27. Current Zoning: C-3 General Business District Property Address: 8515 15 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 develop a new 6,030 square foot commercial shopping center which is proposed to include approximately five tenant spaces, including a drive-through use at the west end of the building. Mr. Reinowski asked if there were any questions from the Commissioners. Being none, he asked the petitioner to come forward to the podium. A representative from JV Associates Architects came forward to the podium. He gave an overview of the property and their intentions for the shopping center. Mr. Reinowski asked the Commissioners for any questions or comments. Mr. Miller stated it was nice to see good plans presented. Planning Commission Regular Meeting of December 14, 2017 Page 5 Mr. Reinowski stated there was no one present for public participation then he called for a motion. Motion by Ms. Doughty, supported by Mr. Kopp, that the Planning Commission APPROVE case number PPCM-1184, Tiffany Plaza LLC, Hani Mio, 8515 15 Mile Road to grant Special Approval Land Use for the development 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 petitioner 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; 5. That the petitioner files and delivers a Hold Harmless Agreement in favor of the City in form and substance satisfactory to the City Attorney. 6. That appropriate site plan and engineering plans meeting all other requirements of the City of Sterling Heights be provided. 7. That the photometric plan reflects the use of the same decorative fixtures currently utilized in the Holiday Inn Express site. 8. Sign reviews are a separate review process and all signage shall meet the requirements of the City of Sterling Heights. 9. That a dedicated pedestrian walkway be provided from the Fifteen (15) Mile Road frontage to the front of the building. 10. That a dedicated sidewalk and ramp(s) be provided from the plaza area at the west end of the center to the front sidewalk along the building frontage and that the crosswalk be striped appropriately as such. 11. That an architectural screening wall be provided along the east side of the plaza area to separate drive-through traffic and patrons utilizing the plaza. 12. That a dedicated bike parking area be provided for the center. 13. 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: 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 for any discussion on the motion. Being none, he asked for a roll call vote. Ayes: Doughty, Kopp, Miller, Reinowski, Sarau Nays: None Planning Commission Regular Meeting of December 14, 2017 Page 6 Absent: Gariepy, Jaboro, Militello, Rowe Motion carried. CITIZEN PARTICIPATION None APPROVAL OF MINUTES Motion by Mr. Miller, supported by Mr. Kopp, to APPROVE the minutes of November 9, 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, Kopp, Reinowski, Sarau, Doughty Nays: None Absent: Gariepy, Jaboro, Militello, Rowe Motion carried. CORRESPONDENCE Michigan Planner OLD BUSINESS None NEW BUSINESS Approval of 2018 Planning Commission Meeting Dates Mr. McLeod stated for the January 11, 2018 meeting there are already five cases being presented and asked if the Board would want to add a sixth (meeting which was postponed from tonight) or add a second meeting to the January 2018 calendar. He also asked if the Board would want to change the date of the December 2018 meeting to a week earlier. Ms. Sarau suggested cancelling the December 2018 meeting and having two in January 2019. She also stated she would like all cases to be heard at the January 2018 meeting instead of splitting into two meetings. Mr. Miller and Ms. Doughty suggested moving the December 2018 meeting to one week earlier. Mr. McLeod gave a summary of what is on the agenda for the January 2018 meeting. Motion by Ms. Doughty, supported by Mr. Miller, to AMEND the 2018 Planning Commission meeting dates, the December 13th meeting will be held one week prior on December 6, 2018. Ayes: Doughty, Miller, Kopp, Reinowski, Sarau Nays: None Absent: Gariepy, Jaboro, Militello, Rowe Motion carried. Motion by Mr. Miller, supported by Mr. Kopp, to APPROVE the 2018 meeting dates as amended. Mr. Reinowski asked for any discussion on the motion. There was none. Ayes: Miller, Kopp, Reinowski, Sarau, Doughty Nays: None Absent: Gariepy, Jaboro, Militello, Rowe Planning Commission Regular Meeting of December 14, 2017 Page 7 Motion carried. MOTION TO ADJOURN Motion by Mr. Miller, supported by Mr. Sarau, to ADJOURN. Ayes: Miller, Sarau, Reinowski, Doughty, Kopp Nays: None Absent: Gariepy, Jaboro, Militello, Rowe Motion carried. The meeting adjourned at 8:12 p.m. Respectfully submitted, Stefano Militello, Secretary Planning Commission