Planning Commission

STERLING HEIGHTS PLANNING COMMISSION REGULAR MEETING CITY HALL December 6, 2018 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Planning Commission held December 6, 2018. Mr. Rowe called the meeting to order at 7:00 p.m. Members present at roll call: Geoff Gariepy, Edward Kopp, Stefano Militello, Donald Miller, Leonard Reinowski and Gerald Rowe Members absent at roll call: Lori Doughty, Paul Jaboro, and Parmpreet Sarau – Excused Also in attendance: Chris McLeod, City Planner Clark Andrews, Assistant City Attorney APPROVAL OF AGENDA Motion by Mr. Militello, supported by Mr. Kopp, to APPROVE the agenda. Ayes: Militello, Kopp, Miller, Reinowski, Rowe, Gariepy Nays: None Absent: Doughty, Jaboro, Sarau Motion carried. Mr. Rowe explained the meeting’s process. He also stated the comments from the previous meeting were noted and studied. He asked during public participation, only those with comments of new information come forward. He asked Mr. McLeod for an overview. PSP18-0039 – Fuhrmann Woods – Clearview Homes (postponed from November 14, 2018) Request for site plan approval for an eighty-seven (87) unit detached single-family residential site condominium development within an R-60 (One Family Residential District) – North of 14 Mile Road, west of Mound Road in Section 32. Current Zoning: R-60 (One Family Residential District) Property Address: 5155 Fourteen Mile Road Mr. McLeod displayed site plans and gave an overview stating the applicant is requesting to build an 87-unit site condominium on a 25-acre site, which used to be home to the Fuhrmann Middle School owned by Warren Consolidated Schools. The Planning Commission heard the proposal at the November 14th meeting. At that meeting, the proposal generated a considerable amount of comment and concern from the Planning Commission and the general public primarily regarding two issues: (1) the development’s access to Southlawn Drive, and (2) the preservation of the existing wooded area. Mr. McLeod stated, regarding access to Southlawn Drive, greater connectivity is a general planning benefit. Allowing people multiple ways to get in and out of a site is also a benefit for dispersion of traffic and traffic flow. Emergency access from multiple points is also a benefit. As far as preservation of the woodland area, the ordinance stated 37 percent of the woodland area be maintained on a site. Mr. Rowe asked the board for any questions for Mr. McLeod. Being none, he asked the petitioner to come forward. Mike Robbe, Clearview Homes, 811 E. South Blvd, Rochester Hills, came to the podium. He stated the property is owned by Warren Consolidated Schools. In the Planning Commission Regular Meeting of December 6, 2018 Page 2 spring of 2018 Warren Consolidated Schools approached multiple developers to present ideas of how this property could be better utilized. He explained Harwood Elementary is only being utilized at 57 percent. There are only 357 students enrolled with a capacity of 624. The school system hopes to bring more students in to increase the vitality of the system long-term. He explained the school system hired consultants before contacting developers. An issue they came across was the wetlands. They had a report dated January 2018 they gave to all developers. There are regulated and unregulated wetlands on the property. The regulated wetland is to the north and marked as the untouched tree area on the site plan. Another issue was having the title search done. He has a title policy from American Title, dated July 18, 2018, revealing no title restrictions that preclude any use on the property at any time or in the future. The ordinance stated 37 percent of the trees much remain. They have worked with the engineers and are able to preserve 76 percent of the existing regulated trees on the site. He displayed site plans and explained which trees are staying and which are being removed. He also explained the road access scenarios. They believe they are following the ordinance as written to allow easy access to the elementary school. Mr. Rowe asked for any public participation. Lisa Graf, resident in Sterling Heights for 19 years, came to the podium. She stated she attended Fuhrmann Junior High School. She explained there was a teacher, Floyd Fordham, who taught math and science. Mr. Fordham developed that area into a nature center. She was a part of the garden club and every season they would map the plants, trilliums, and trees to see how things changed and because of him she chose a career in science technology engineering math. Today she is an Engineering Director at the U.S. Army. She referenced a post from the Sierra Club that in 1957, a family donated the property. The wooded area was intended for use as a nature center with a stipulation it would be returned to the family if the land was every sold. She stated they submitted a Freedom of Information Act request to ask if that has been validated and if that family has been contacted. She asked if anyone has checked into that before the land is sold. She also stated they are submitting several FOIA’s. She indicated the area with the “pink” trees (on the site plan) are actually the large, mature trees because it is not on a wetland. She asked if there was thought to keep that area of mature trees. Jim Guracech, 5537 Southlawn, came to the podium. He suggested having a walkway connection to Southlawn. He stated the elementary school is different in that Southlawn is the only straight through road in that area which connects Mound to Ryan. He stated the road is small and dangerous and to connect 87 more homes would be more dangerous. He asked, if there are sidewalks put in on Southlawn, will the burden be on the existing residents or on the developer. He explained having two access roads onto 14 Mile Road is not out of what Sterling Heights has done. He gave examples of other developments with one and two access roads. He stated the people in that area are happy and asked if they could work together. Vince Fazio, 4991 Mindy Lynn Dr., came to the podium. He asked the Board if they have actually walked the lot. He also mentioned the health benefit of living by the woods. Tom Wright, 33354 Ione Dr., came to the podium. He asked if they have considered the cost of eventually having to put in a street at Southlawn. He asked, by one of the board members mentioning he was in real estate, if it is a conflict of interest. Randy Alexander, 5050 Southlawn, came to the podium. He read a letter from the community asking the board to hear their voices and not vote in favor of the development. Mr. Rowe stated he did go to the site and looked at the streets and the woods. Mr. Andrews explained he retained a copy of the title work for the property. He found no restrictions on the property and there is also a deed of record from the previous owners of the property to Warren Consolidated Schools dated in 1956. He further explained Planning Commission Regular Meeting of December 6, 2018 Page 3 there is evidence of payment for the property and no indication in the Register of Deeds that the property was donated. Mr. Rowe asked Mr. Andrews if there were any restriction put on the property by Warren Consolidated Schools. Mr. Andrews stated he did not know. He believes they hired a consultant connected with Plante Moran for assistance in finding prospective buyers. He believes the school district is facing financial challenges and they are trying to make good use of the property. Mr. McLeod explained the tree ordinance and how it relates to landmark trees. He also explained how that relates to this proposal whether Warren Consolidated Schools was imposing any restrictions on the property at this time in connection with the sale of the property. Mr. Gariepy asked for clarification regarding the 37 percent of trees. Mr. McLeod explained there are two different facets to tree preservation. There is the overall woodland lot which must have 37 percent of trees preserved. Then there are the landmark trees, any landmark tree removed, must be replaced at a rate of 37 percent as well. Mr. Miller asked Mr. McLeod the definition of a landmark tree. Mr. McLeod stated a standard landmark tree is a 32-inch caliber tree. There are also specific species of trees that may be smaller but are also considered landmark trees. He explained that is why a tree survey is done. Mr. McLeod addressed the topic of putting in sidewalks on Southlawn. He stated there are a number of houses which have variances for sidewalk installation. He does not think the developer is planning to do that. He stated that may be addressed at a later time, possibly when Southlawn would be repaved. Mr. Gariepy stated he is an avid geocacher and has been through the area extensively. Mr. Rowe asked for any other comments from the Board. Mr. Andrews explained there is a bill in the legislature that has gone through the Senate, but not the house, that would take away municipalities right to regulate tree preservation. He stated he wanted to make sure the Planning Commission knew it is in a lame duck situation so they don’t know what will happen. The city has taken a formal stand against that. He stated tree preservation could be dramatically different in the future. Mr. Miller asked whose responsibility is Southlawn Street. Mr. Andrews answered it is a public street which means it is the responsibility of the city. Mr. Rowe stated, after visiting the area again, he feels there should not be access through to Southlawn. He feels it will become a cut through to Mound Road. He is opposed to having a street go through to Southlawn. He also feels the woodlands should be obtained. He feels the developer should redo the site plan to save the entire woodland area. Mr. Gariepy stated he feels there should be a street to Southlawn for easy, safe access to the school. He also feels the developer has done an excellent job at preserving the mature trees. He explained about the burden it would be on the developer if he were to put in a cul-de-sac instead of access to Southlawn. He is a proponent of the plan as it is. Planning Commission Regular Meeting of December 6, 2018 Page 4 Mr. Rowe stated two of the Planning Commission members are absent. This case requires four votes to be approved or disproved. If there is a tie, no action is taken. He asked the petitioner if he would like to postpone or move forward. Mr. Robbe stated that he wants to move forward. Mr. Rowe asked for any further comments or a motion. Motion by Mr. Militello, supported by Mr. Gariepy, that the Planning Commission APPROVE case number PSP18-0039 Fuhrmann Woods, Clearview Homes, 5155 Fourteen Mile Road, to grant Preliminary Site Plan Approval, for the development of an eighty-seven (87) unit detached single family site condominium, 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 the detached single-family residential site condominium 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 appropriate engineering plans and final site plans meeting all other requirements of the City of Sterling Heights be provided. 5. That the site plan approval for the proposed development on the property is valid for twelve (12) months. If construction of the site condominium is not commenced within twelve (12) months of this approval, the site plan approval shall lapse and be deemed null and void unless extended by the Office of Planning upon request. 6. The housing design and building materials must be consistent with the information provided as part of the application. 7. The applicant shall continue to work with the Office of Planning, Engineering Department, and City Attorney to resolve any outstanding issues regarding landscaping, lot configuration, and boundary encroachments of abutting properties. 8. The applicant shall work with the MDEQ to ensure no wetland areas will be disturbed without proper permits being first obtained from the MDEQ. 9. The applicant shall provide a full tree survey for review by the Office of Planning, which requires a minimum of 37% of trees preserved onsite. The submitted survey and associated site plans will need to ultimately demonstrate how the ordinance requirements are being met. 10. That a tree permit be applied for and maintained prior to tree removal onsite. 11. The applicant shall provide a traffic study for the proposed Southlawn Drive access route. The traffic study must be completed and furnished to the City prior to final site plan review by the Engineering Department. If the service is a “D” or below, then the site plans must be revised. However, the applicant shall not be required to return to the Planning Commission for another preliminary site plan review if access to Southlawn Drive is eliminated and the reconfigured unit boundaries comply with the standards of the Zoning Ordinance. 12. The applicant shall provide a master deed document and by-laws for review and approval by the City Planner, City Engineer and City Attorney which shall include maintenance and irrigation requirements along the greenbelt along Fourteen Mile Road. 13. The developer shall establish a non-profit condominium association as required by the Michigan Condominium Act in conjunction with preparation and review of the master deed and bylaws for the condominium. This action is based on the following findings: Planning Commission Regular Meeting of December 6, 2018 Page 5 1) The development/use as described within the application and by the applicant during the public hearing is for a detached single-family residential site condominium which complies with the standards for preliminary site plan approval under the Zoning Ordinance and is reasonably consistent with other single-family residential development in the area and will not be of a nature that will be a detriment to abutting uses. 2) The proposed development for which preliminary site plan approval is granted will not alter the essential character of the area and locality and will result in a residential development with houses of similar size and quality as those surrounding it. 3) The proposed site plan complies with all City Ordinances and requirements. 4) That with the noted changes made in response to these comments, the proposed site plan will comply with all City Ordinances and requirements. Mr. Rowe asked for any discussion on the motion. Being none, he asked for a roll call vote. Ayes: Militello, Gariepy, Miller, Reinowski Nays: Rowe Absent: Doughty, Jaboro, Sarau Motion carried. Mr. Rowe called a short recess. PSP18-0041 – Carmalot Site Condominiums – Joseph Iacopelli (postponed from November 14, 2018) Request for site plan approval for a ten (10) unit detached single-family site condominium development within an R-80 (One Family Residential District) – North of 16 ½ Mile Road, west of Dodge Park in Section 22. Current Zoning: R-80 (One Family Residential District) Property Address: 38300 Robinnest Drive Mr. Rowe asked Mr. McLeod for an overview. Mr. McLeod displayed site plans and gave an overview stating the applicant is proposing to develop a ten-unit detached single family residential site condominium development on an approximately 3.455-acre parcel of property located at 38300 Robinnest Drive. He stated the applicant updated their plans for the cul-de-sac to not exceed 800 feet. They have proposed a landscape buffer for Cobble Creek Court. He also stated they will have to remove an existing accessory building because you can’t have an accessory building on a vacant piece of property. For it to stay, a variance would be needed. Mr. Rowe asked for any questions from the Board. Mr. Rowe asked if the variance would be done administratively. Mr. McLeod stated if they wanted to keep the accessory building there, it would have to go before the Zoning Board of Appeals. Mr. Rowe asked the petitioner to come forward. Joseph Iacopelli, 22625 Ridgeway, St. Clair Shores, came to the podium. He stated he has been building homes in Sterling Heights for over 30 years. He displayed the site plan and stated he would like to put in the buffer trees as the homes are built. This way they will not die due to construction on the site. Mr. Rowe asked for any questions from the Board. Mr. Miller asked the petitioner what type of trees he will be planting. Planning Commission Regular Meeting of December 6, 2018 Page 6 Mr. Iacopelli stated, as shown on the site plan, there would be 67 3-inch trees. They could be maple trees or other decorative trees. He stated there could also be more evergreen trees planted. Mr. Miller explained an evergreen might be better because in the winter months, there would be no leaves and then no buffer. Mr. Iacopelli stated evergreen trees are not deep-rooted trees and this site is a sandy site which could make the evergreen trees fall over with bad weather. Mr. Rowe asked if he could do a mix of deciduous and evergreen trees. Mr. Iacopelli agreed to have a mix of trees. Mr. Gariepy asked about the accessory building. Mr. Iacopelli stated it is a detached garage and he thought it would be a nice addition to have for whoever purchases Lot 5. He asked Mr. McLeod if the variance needed is for being too close to the property line. Mr. McLeod stated the variance would be for having an accessory building with no principal use. He explained until another house is located on that property, you cannot have an accessory building. He stated there could also be setback issues. Mr. Iacopelli stated he could have his first model built on Lot 5 to be in compliance with the ordinance. Mr. Gariepy asked if the garage would match the design of the new homes being built. Mr. McLeod asked the size of the garage. He stated again it would have to go through the ZBA. Mr. Iacopelli stated it is a two-car garage, approximately 27 feet x 30 feet. He stated he would go through the process and apply to the ZBA if he wants to keep it. He also stated it will be a low impact construction site as the sewer and storm drains are already there. Mr. Rowe asked for any further questions. Being none, he asked for public participation. Mr. George, 38340 Robinnest Dr., came to the podium. He explained the high traffic situation on Charwood Drive which feeds into Robinnest Drive because of Messmore Elementary School. He asked why the new development can’t be routed through Cobble Creek Ct. instead of Charwood Dr. Phil Pannecouck, 38347 Charwood Dr., came to the podium. He stated Charwood is the busiest street in that quadrant; it feeds to Messmore Elementary School. He asked why Robinnest couldn’t remain a dead-end street. He also suggested opening up Cobble Creek Ct. Shawn Hubbard, 38310 Charwood Dr., came to the podium. He also talked about the high traffic on Charwood Dr. to Messmore and asked why it couldn’t be routed through Cobble Creek Ct. Maxine Pirtle, 38311 Robinnest Dr., came to the podium. She stated she has lived there for over 40 years. She echoed the same as the rest of the neighbors and would like to see the new development routed through Cobble Creek Ct. Rob Debelak, 38238 Charwood Dr., came to the podium. He stated there are deer in the area and he feels more traffic could cause car/deer accidents. He feels there is only so much habitat they have and doesn’t want to see it disrupted. Mr. Rowe asked for questions from the Board. Planning Commission Regular Meeting of December 6, 2018 Page 7 Mr. Militello asked Mr. Iacopelli if the development could be routed through Cobble Creek Ct. Mr. Iacopelli stated the other development is a site condominium development with a private road. It is not a city road which means you cannot tie into Cobble Creek Ct. Mr. Rowe asked if he could have a private road with the new development and then connect it to Cobble Creek Ct. Mr. Iacopelli stated, that when working through the plans, he initially contacted the condo association of Cobble Creek about whether it would be open to having 5 additional homes face Cobble Creek Court – extending the homes around the cul-de- sac, and virtually every one of the residents in Cobble Creek refused to do that, and denied him the right to do that. Mr. Rowe asked Mr. McLeod for any comments on connecting to Cobble Creek Ct. Mr. McLeod stated the only way that would be feasible is get the entire association of Cobble Creek to approve for that to occur. Mr. Rowe asked the Board for any further questions or comments. Being none, he asked for a motion. Motion by Mr. Gariepy, supported by Mr. Kopp, that the Planning Commission APPROVE case number PSP18-0041 Carmalot Site Condominiums-Joseph Iacopelli, 38300 Robinnest Drive, to grant Preliminary Site Plan Approval, for the development of a ten (10) unit detached single family site condominium, subject to the following conditions: 1. That the applicant reviews with the Office of Engineering the issue of whether the existing cul-de-sac may be retained or whether it may be expanded into a roundabout in order to improve traffic circulation in the area. 2. 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 the public hearing, and as reflected on an amended site plan provided which addresses the requirements in this Motion; 3. That the petitioner shall develop the detached single-family residential site condominiums in compliance with all pertinent codes, ordinances and standards of the City of Sterling Heights, County of Macomb and the State of Michigan. 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. That appropriate engineering plans and final site plan be provided which meet all other requirements of the City of Sterling Heights. 6. That the site plan approval for the proposed development on the property is valid for twelve (12) months. If construction of the site condominium is not commenced within twelve (12) months of this approval, the site plan approval shall lapse and be deemed null and void unless extended by the Office of Planning upon request. 7. The applicant shall continue to work with the Office of Planning to refine landscaping and cul-de-sac design. The final landscaping plan shall include planting details and incorporate additional evergreens along the west and east property lines as discussed with the Commission. 8. That a tree permit be applied for and maintained prior to tree removal onsite. 9. The applicant shall provide a master deed document and by-laws for review and approval by the City Planner, City Engineer and City Attorney which shall include maintenance and irrigation of landscaped and common areas. 10. The developer shall establish a non-profit condominium association as required by the Michigan Condominium Act in conjunction with preparation and review of the master deed and bylaws for the condominium. Planning Commission Regular Meeting of December 6, 2018 Page 8 This action is based on the following findings: 1) The development/use as described within the application and by the applicant during the public hearing is for a detached single-family residential site condominium which complies with the standards for preliminary site plan approval under the Zoning Ordinance and is reasonably consistent with other single-family residential development in the area and will not be of a nature that will be a detriment to abutting uses. 2) The proposed development for which preliminary site plan approval is granted will not alter the essential character of the area and locality and will result in a residential development with houses of similar size and quality as those surrounding it. 3) The proposed site plan complies with all City Ordinances and requirements. That with the noted changes made in response to these comments, the proposed preliminary site plan will comply with all City Ordinances and requirements. Mr. Rowe asked for any discussion on the motion. Mr. McLeod suggested a revision to #7. Motion by Mr. Gariepy, supported by Mr. Kopp, to AMEND condition #7. Mr. Rowe asked the petitioner to display a drawing of the existing trees on the site and asked if he had done a study for tree preservation on the site. Mr. Iacopelli did not have a drawing but explained there are some landmark trees and they have done what is required by the ordinance regarding tree preservation. Mr. Rowe asked for any further comments or questions on the motion. Being none, he asked for a roll call vote. Ayes: Gariepy, Kopp, Militello, Miller, Reinowski, Rowe Nays: None Absent: Doughty, Jaboro, Sarau Motion carried. APPROVAL OF MINUTES Motion by Militello, supported by Reinowski, to APPROVE the minutes of November 14, 2018 Planning Commission Meeting. Mr. Gariepy stated a name at beginning of minutes is incorrect. Motion by Mr. Militello, supported by Mr. Reinowski, to AMEND name at beginning of minutes to state “Mr. Rowe” instead of “Mr. Miller.” Ayes: Militello, Reinowski, Rowe, Gariepy Nays: None Absent: Doughty, Jaboro, Sarau Abstain: Kopp and Miller Motion carried. CORRESPONDENCE There were 18 emails relating to case PSP18-0039 - Fuhrman Woods. A proposed schedule from Mr. McLeod for 2019 meetings. OLD BUSINESS None NEW BUSINESS Meeting dates. Planning Commission Regular Meeting of December 6, 2018 Page 9 Motion by Mr. Militello, supported by Mr. Miller, to ACCEPT the dates as scheduled for 2019. Ayes: Militello, Miller, Reinowski, Rowe, Gariepy, Kopp Nays: None Absent: Doughty, Jaboro, Sarau Motion carried. MOTION TO ADJOURN Motion by Militello, supported by Miller, to ADJOURN . Ayes: Militello, Miller, Reinowski, Rowe, Gariepy, Kopp Nays: None Absent: Doughty, Jaboro, Sarau Motion carried. The meeting adjourned at 9:01 p.m. Respectfully submitted, Geoffrey P. Gariepy, Secretary Planning Commission