Planning Commission - Regular Meeting

Good evening everyone. Um, welcome to the planning commission meeting on April 7th, 2026. Um, if you would please silence your phones, we would appreciate it. And with that, let's uh stand for the pledge of pledge of allegiance. I pledge to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Okay, I'd like to acknowledge our township attorney, Robert Sabbert, township planner, Jonathan Palin, and from Giblles Webster, uh, Ava Miller, and Jill Jill Bomb. Um, with that, I'd like to take role. Um Rick Leel

here. Kathy Vosberg here. Richard Brokart here. Ralph Jorski here. James Colonowski here. Mark Renault here. Eric Haidider and Carl Leonard here. And Brian Carr is excused for tonight. I'd like to make a motion to approve the minutes from March 3rd, 2026. Motion by Carl, supported by Mark. to approve the minutes. Any uh questions or comments? None being all in favor?

I opposed. Motion carries. Like to make a motion to approve tonight's agenda as submitted. Motion to approve the agenda by Carl, supported by Mark. All in favor?

I opposed. Motion carries. We have public comments. Anybody from the uh audience like to come up? You got three minutes to talk about anything you'd like? Nobody. Uh we have no public hearings tonight and we uh just have one regular agenda item for sheets uh inc site plan. Uh we've already uh had the public hearing and it's closed. So if I think Jonathan wanted to discuss uh this application.

Thank you, Mr. Chairman. Uh the applicant did submit revised drawings. There was some outstanding comments from the March 3rd meeting. Uh the applicant did submit a summary letter of the changes. I have verified that the changes are accurate as stated. Um I did provide you earlier today with some additional comments uh to consider. Uh I just want to highlight that one of the issues was the um the access drive on the parcel to the south. uh the property owner did indicate that they would give that shared access and that easement would be required uh during the engineering phase. Um also on the provided lighting plan um the there is a light fixture that's shown by the northernmost drive that the fixture is mounted at 35 ft. Uh what the ordinance says is um the the fixture height shall not exceed 25 ft or the height of the building uh whichever is shorter. Uh the tallest point of the building is 26 feet. Uh the ordinance does say that the planning commission may modify these height standards in the commercial and industrial districts based on the position and height of buildings, other structures and trees on the site, the potential off-site impact of the lighting, and the character of the proposed use relative to surrounding uses. Uh in no case shall the height of the lighting exceed 35 ft. So that is one item for the planning commission to consider. Um, additionally, there was a comment on the previous review to uh remove one of the pickup windows. Um, the ordinance does state um when a single window is used for pickup of food. Um, the applicant is requesting to keep both windows um for their operation. Um, the planning commission should consider whether the dual window design functions effectively as pickup only operation. Um I I think that can be interpreted to mean that the the windows are for use for pickup only and not one one window for ordering and one window

for pickup. Um the minimum stacking is four spaces. They are providing six. So the the planning commission should consider if that meets the the spirit and intent. Um and then also they were deficient in parking on the previous um on the previous drawings. they are proposing to landbag nine additional parking spaces. Uh if the planning commission is okay with that, the agreement for that would be uh put in place during the engineering phase as well. Um so tonight the expectation is the planning commission would act on both the special land use and then separately on the site plan um if they feel that all all items are met.

All set. Thank you. Um, does the applicant have anything else to add?

Good evening everyone. My name is Alex Suiki from Sheets 39300 West 12 Mile Road, Farmington Hills, Michigan. Um, I want to thank the planner for their report this evening. Um, I did want to I apologize I have the notes on my phone here. um uh go through them from our perspective. Uh yes, the property owner did give us uh permission to put in the shared access drive and we will get that easement during the uh construction drawing process. The next item regarding the height of the uh lighting fixture, that is actually our flag pole. The flag pole is 35t tall. The lighting fixture is only a couple feet off the ground and aims up towards the flag. Um so we believe we're in compliance with that. Um, regarding the drive-thru window, even when Sheets did operate your traditional drivethru, both of our windows were never used for ordering. One was always for payment and the other for pickup. And even though we are doing uh mobile ordering at this location, our operations operate the exact same way. One's for uh payment in the event that you're not paying on the app and the other is for pickup. Uh and then the last item uh is about land baking those parking stalls which I think the planner adequately covered. We're here to answer your questions.

Thank you. Uh we'll start uh with Kathy Eric. Ralph

are all sheets uh have two windows for payment and pickup? Yes, sir. And so none of them take drive-through orders? So um at the windows, you mean? Yes. No, none of our locations take orders at the window. Okay, thank you. Uh James, uh nothing from me. Looks good. I'm all set, too. Thank you, Mark. Uh no questions. Just uh again, thank you. You guys do such a really good job submitting your stuff and then responding when things are necessary. So, we really do appreciate it. So, thank you. Thanks, sir.

I didn't know you're not getting a free coffee. Rick again echoing what he said. Thank you so much for doing this. And I see that you were able to pave Berdon Road. Yes. That's wonderful. Thank you so much for doing that. It'll be to your benefit. Yes, it will be. Can't have my truck getting dirty. Are you going to hold the gas price that you have on the drawing? Yeah, I think I would like them too. Yeah. What is it? 228 or something on there.

225. Yeah. Thank you. Um, yeah, you guys did a great job, you know, bringing everything up to, uh, the, uh, things that were brought up to you and couple little minor things, but, uh, it looks good. So, if you don't have anything else to add and everybody's all set up here, uh, I'm open to a motion. I'll make a motion, Mr. Chair.

Sure. Regarding case number RZ 378, Sheets Incorporated, address 56945, Burton Road, parcel number 15 0901000- Z005. I I'd like to make a motion to approve the request for special land use. Specifically, zoning ordinance section 6.2B 2B provides eight standards that need to be met for granting this special land use. Each standard has been met in this case. I'll go through them quickly. Each the proposed use is in harmony with development of surrounding neighborhoods and applicable regulations. Number two, the proposed use will make vehic vehicular and pedestrian traffic no more hazardous than is considered normal for the district. Three, the proposed use is designed in such a way as to minimize any possible nuisance to nearby neighbors. Number four, proposed use will not interfere with or discourage appropriate development and use of adjacent land and buildings, nor will it unreasonably affect their value. Number five, the proposed use will be in harmony with adjacent land uses. Continuity of development and services in the designated area. Six, the proposed use is necessary for public convenience at the proposed location. Number seven, the proposed use intends to protect the public health, safety, and welfare in the designated area. Lastly, the proposed use will not cause substantial injury to local property values and will not be detrimental to existing or other permitted land uses in the zoning district. For these reasons, I move to approve the applicant's request for special land use resoning.

Mr. Chair, may may I please I I hate to do this to you, Rich, but the court of appeals has in a very recent case has required that in addition to reading the standards into the record, it is an inadequate record for the planning commission simply to say, "Here are the eight. I read them out. They meet them all." That's inadequate and it would be reversed if challenged by an agrieved party. So, what you need to do is you need to go through standard number one and say, "Why?" Number two, why? You have to give a factual basis for each of the eight. Mr. Seabird, is it appropriate to reference the engineering documents provided by the applicant?

It is, but you but you can't just say incorporate by reference. You have to give some factual basis for it. The reason for it is is because if a if there's a challenge by some adjoining property owner, when the court gets the record, the court will look at it and the and the argument that is always made by the agreved party's attorney is they just read the standards and there was no factual basis. I know it sounds a little bit arduous to do that, but the courts have been regularly reversing it when those aren't met. So, you'll have to go through it. Um, it's it's required. I completely understand. I have about four pages of of data that I could reference.

You don't need to you don't need to read four pages, but you've got to give you've got to put some meat on each of the eight bones. Well, let's give it a shot. Thank you, Bob. You guys going to have to bear with me for a minute. Item number one, the proposed development itself consists of a wide diversity of business activities. For that reason, let me let me get organized here. I believe it to be in harmony with the development of the surrounding neighborhoods. Is that about right, Bob?

That that's fine. as long as long as somebody can look at it later and say, I know why the chair in his why the the motion maker was able to determine that that was satisf Lang and Battlei document dated January 26. It's this document I'll be referencing, but I will not be reading the entire document in its completion into the record. Number two, the proposed development will be accessible via two different driveways on Burden Road that will make vehicle and pedestrian traffic no more hazardous. Number three, Noise levels will remain consistent with normal commercial activity and are further mitigated by the property's adjacency to a major roadway. For that reason, I believe the proposed use will minimize possible nuisances to nearby uses. Number four. The applicant meets and exceeds the setback and building height requirements for the zoning district of C C3. I don't know that that does it. Well, I'm going to go ahead and say for number four,

it shouldn't discourage appropriate development and use of adjacent land or buildings. It hasn't in the past and it hasn't along 23 Mile Road. Number five pro the proposed use will be in harmony with adjacent land uses developing a state-of-the-art 24-hour combination facility is highly suitable for this property and the surrounding area keeping it harmonious. Number six. I'm sorry it's taking so long, guys. I wasn't prepared to to do this, but just bear with me here.

Necessary for public convenience. It'll be the only gas station or service station containing a fast food restaurant in the township traveling in that direction along 26 Mile Road. Number seven, the applicant proposed use is designed in such a matter to benefit the public and protect the the public health, safety, and welfare. That's been the history of sheets and we expect it to continue. Lastly, number eight, should not cause substantial injury to local property values and will not be detrimental to existing or permitted land uses in the district. Again, this um has not been the case in other Sheets locations nor the 23 mile road location. So, for these eight reasons,

textbook, thank you, Bob. I move to approve the special land use request by the applicant. Support Thank you. You got another 10 minutes if you want to keep going. It was a late night last night for me watching the game, but you did good. You did real good. We have a motion. Do I have support? Support. Support.

I have a motion by Rich Brokart to approve the special land use and uh other requests. um with this uh site plan 2025-14 and I have um support by Mark Renault. This is a special land use. Not the site plan yet. Yeah, we have sorry site plan separate. We do site plan separate land use.

Special land use. Um so this is for the special land use. Uh motion by Rich Brook supported by Mark Renault. All in favor? I I opposed. Motion carries.

Okay. I entertain a motion. Okay. I'd like to uh entertain a motion for the uh site plan for the same uh uh application 2025-14. Anybody want to make a motion?

Mr. Chair, um I'm sure I'll not do as nice of a job as Mr. Workard did. Um, I move that the planning commission give a final approval for the site plan agenda item 2025-14 subject to staff administrative review confirmation that all of the legal pop paperwork is in place with the township and all the signatures have been obtained. Um, I further move that the the site plan referenced is um dated 36 2026. Um, do I need to go through the the eight items, Bob, or

No, those are special land use requirements for the site plan. You don't need anywhere near the set the level of detail. I got off easy then. No, you're f No, that's an excellent motion. You're good. Now he does. The applicant agrees to comply with all federal, state, township laws and ordinances. They will also not modify the planning commission's action to obtain all necessary permits. Um, with that, I'll make a motion to approve. Mr. Chairman, just a point of clarification, the the most recent drawings were dated 35. I think that uh Rick misspoke, but 35 is the most recent drawings we have.

Uh my drawing says 36. Let me go on to another drawing. Just said she. Mr. Chair, I'll I'll revise my uh my motion to include all drawings dated 35 and 36. Okay, we have a modification. Do we still have support? Continued support. Do I have continued support? All in favor? I opposed. Motion carries. Congratulations. And thank you everyone. Welcome. You guys are funny down here.

Okay. Um next we have uh presentations, reports and discussion for two items tonight. One is uh data centers and the other is pet daycare facilities. Is that you? Open up. John, if you want to start.

Thank Thank you, Mr. Chairman. Uh for data centers, we don't have anything new for you tonight. Um, but we did want to open it up if anyone had any new comments, questions, concerns they wanted to bring up. Uh, we do have um some staff scheduled for our next meeting. Um, the township engineer and um the fire inspector to come in. Uh, we've also reached out to a couple others. We're waiting to hear back on confirmation about having them come in as well. And I know that uh Mr. Sbert is working on getting a um not sure the proper term, but an audio expert in here. So, um those things will be forthcoming. But if there's anything that you wanted to bring up tonight, feel free.

Thank you. Anybody have anything? Start down by Kathy and work our way back here. Eric, Ralph, James,

where is the is there any data centers nearby that we could, you know, visit and see what operational uh data centers I I think that depends on the what type of data center you want to look at. There's there's data centers in the area that are smaller that you wouldn't even know are there. Um there is larger scale ones. I know that they recently arranged a tour for some elected officials and I believe there was a possibility that after that was done we could um potentially sign up some planning commissioners to take a look. Um, but I can get more information on that.

Yeah, that'd be helpful.

Yeah, that probably would be helpful. when we were dealing with the cannabis uh uh changes in the township. Um it was real helpful that we got an opportunity, not everybody, but some of us had an opportunity to go visit a few of them and some of them were just sales, some of some of them had sales and processing where they made the products or packaged them and then we went to a growth facility. So, it gave us a little different perspective on each operation and it was pretty uh pretty helpful. It get gave you the separation of the three different um businesses. So, that's something that we could arrange whoever wanted to go out and take a look. It might be helpful in the future to look at the different size uh data centers if there's different sizes to uh to uh look at. So, with that, anybody else down here? Rich,

I'm all set. Park, I'm good. Rick, no. Okay. Uh, with that, we can um if there's nothing else, we can move on to the uh pet daycare facilities. Is that you? Sure.

All right. So, in your packets, you should have a memo titled pet daycare facilities. So, the township has recently been approached by a prospective developer regarding the potential reuse of a commercial building as a dog daycare center. The township's zoning ordinance does not currently contain a defined use category for pet daycare facilities and it doesn't prescribe any associated operational or site development standards for us. As a result, uh we through this memo have been looking at peer communities that regulate similar uses and whether the township should consider amending its ordinance to incorporate definitions and standards for this land use. Um so for the background and current language of the current ordinance has section 4.44, the raising of furbearing animals, kennels. Um, and so the current ordinance goes over how kennels require a minimum site size of 20 acres. Um, and significant setbacks are required for buildings and outdoor runs. Outdoor areas must be screened and fenced and parking is calculated based on kennel runs. Um, for the operational differences between kennels versus daycarees, a traditional kennel typically involves breeding, boarding, or extended stays, often including overnight housing and outdoor runs. These facilities are commonly associated with larger sites and agricultural or commercial zoning districts. In contrast, a pet daycare facility generally provides temporary daytime supervision and care, structured group play and socialization, exercise and enrichment activities. And then operations are primarily or entirely within an enclosed building. So within the memo, we also listed out different communities and how they approached um adding in pet daycare

facilities. Um, and then we also listed some potential questions for discussion. And yeah, we're open for any questions. And yeah, all set. All set. Yep. Thank you. Um, well, see, bring it up here. See if anybody's got questions. Kathy, you got any questions for this?

I have um just a couple comments. I I can understand um the the need for this. Societyy's changing there. I think a lot of there are a lot of pet owners that that would now utilize something like this. I think it's it's good that we are looking at this. Um but not being a pet owner, I don't really know specifically what types of services people would want to have. I do find it interesting that some of them can operate without any outside access. I I don't quite understand how they how they go about taking care of um when the animals need to relieve themselves, but that that was the only thing I thought of when I was reading this. Thank you.

Thank you, Eric. Well, being a a dog owner myself, uh, pet care daycare, we do have one big one in the township and which is overnight stay that is in a uh plaza center right off 23 mile and uh, SAS. The animal hospital of Chesherfield has the tree tree lodge pet resort which is doggy daycare and overnight stay and it's in the plaza center connected as it's one company but two you have the veterary clinic and then you have the pet daycare which is in the plaza center so which has a small outdoor space in the back of the unit but you know normal parking so it would not meet these standards even though it's been there for 15 years it would not meet today's standards because it didn't go through site plan approval. So I think we need need to address daycare uh because it is a small different scenario than actually a kennel type you know per se especially with the existing ones that are in Chesterfield Township if you guys didn't know.

Thank you Ralph. I do own a pet. Um, never used a overnight service, but I think the biggest approach here is going to be more of a a sound and a um waste disposal issue other than space. Um, being close to houses, it's get a couple dogs together, they get pretty loud. So, I would um focus more on sound and waste disposal than anything other than maybe, you know, maybe in a different um manufacturing area or something where sound's not uh where sound won't be an issue. Yeah. I I wonder if the would you want to distinguish between let's say an overnight stay or or maybe someone who's going on vacation for a week or two? Would that be something you'd want to uh you know or would it be in same in the same thinking you know just daycare? So yeah that's about it.

Thank you Rich. All set Mark. No I'm good. Rick?

No I have nothing. Thank you. Uh the only thing I'd like to mention is it's it's probably long overdue and I'm surprised we don't have uh more of what I'm thinking of. Uh we we've got a couple of cats now, but years ago we always had dogs and in most cases we take him on vacation with us if we were camping or something like that, but there was many times that we take a vacation where we couldn't take the dog and there was um it was a number of years ago, but it was I think it was either in Roseville or Sinclair Shores somewhere, but it was in an area. It was a looked like a small industrial type building that they converted uh for the kennel for this um they didn't breed or anything. It was just a facility to drop your dog. It was American Dog Resort or something like that. But um they uh it was it was put in with other uh businesses, manufacturing and different things. So it wasn't backed up to a neighborhood. The one nice thing they had is they had in inside uh play and social socialization and they also had it outside in the back that the dogs could go out and it was all closed in and yeah they barked and they made noise but it wasn't really affecting anybody in the area. So if there was a location like that I think all of this is a great thing. Uh when we'd leave our dog there for a week he loved it there. He was he couldn't wait to get in there and then it was hard to get him out of there. But when we were on vacation, we they actually had cameras set up that you could you could watch your dog uh sleep in. Sometimes they'd have cameras in the play area. And uh they they were just great with uh with the the animals and um uh the one funny thing they told us one time we came back from vacation and we asked how everything went. They said and it was a big dog. He was like 95

lbs. So he he could be a bully, but he was a big uh puppy is is what he was. But uh we came back and we asked how he was and he said well he acted up and started pushing his weight around and got a little uh snippy with some of the other dogs. So they put him in timeout which was on the outer part of the uh like a little fenced in play area and they made him they put him in a pin sitting outside and he had to watch all the other dogs play for like 10 minutes and they told us that and I said what would you do? They said we let him back out. I said did he fight? Not at all. So it it was just really we we were you know pet owners are just it's like part of your family. So, I think anybody has pets knows that it's hard to leave a pet somewhere like that. Our first time at this place, it was, you know, we're looking every day. We were looking on the on the internet through the cameras and all that they had set up. But, uh, I think it's long overdue and I I think it'd be a a thriving business. I don't know about the kennels and stuff, but the the daycare facilities with the way people travel and the pets aren't always taken. I think this was just for dogs anyways, but uh yeah, I'm all for them and if we can uh make the language and the ordinances work for this, I think it'd be a great addition. So, that's all I have. Thank you.

Sure. I did think of a question. Maybe um someone from GIFs can help me out here. If in fact it is a a daycare, people pick up their animals at the end of the evening in the evening. If it's an overnight stay, are they required to have somebody on staff 24 hours a day with the animals or do they just lock the doors and leave leave the dogs in the inside the building? And um anyways, if you could answer that question.

That is a question I don't know the answer to, but I feel like usually if there's an overnight stay, there is somebody there that's caring for the animals. That's But that's I I don't know. I think that may be a businessto business operational consideration, but Right. Yeah. Thank you. That does kind of the way I feel as well. And um which to me opens up another question. If in fact they are required to have somebody on staff at night,

are they sleeping there or are they up 24hour? Are they up working a midnight shift? You know, that kind of thing. So maybe maybe we should differentiate the difference so that you know there isn't a potential issue. Thank you, Mr. Chair.

Sure. Um what I might do is I might call this uh other uh place where we used to go. I I'll be able to find their phone number and call them and ask them a little bit uh about that. I you know it's a good question. I never even asked them when uh we'd leave our dog there. But um um I just know it was a great uh opportunity for us as a family to vacation and not worry about our pet and and he the dog loved it. So it was back in 2014, so it's been a while and uh I'm not I'm assuming the place is still there, but I I'll follow up on that and ask them, you know, a little bit about their operation. Um since I didn't do it when I dropped the dog off, I can do it now. So, um, anybody else have anything on it? No.

Yeah, I think they do go in shifts, uh, because I think certain dogs have certain medical needs and so on. If it is overnight that they go in in phases and shifts to, you know, provide uh, you know, babysitting. So, I believe it's not an overnight stay. Well, and they do keep them all kennled. So, at night, well, yeah, they're all kenned, right? But uh so it's not that the dogs would be, you know, getting uh rambunctious about anything, but you know, there could be reasons for it. So it's a good question. Okay. Um well, we got planning commissioners comments. So we'll start with Kathy. You got anything?

Eric, just a comment to Mr. Seaffort on future special land use items uh that Richard provided. Would we now have to make a comment based on each one of those eight eight items as of now? Because in the past we never did. But is this as of tonight?

No. No. Actually, since I've been attending these meetings, you have and I've talked to Mr. Broker about this many times. And up until a couple years ago, the the zoning enabling act specifically says that when the planning commission is making a decision on a special land use, that the planning commission's decision must be reduced to findings of fact. And and then of course it doesn't define what findings of fact are. The courts have said that the minutes of the meeting are the findings. And this case that I was referring to, and I don't want to belabor this, but it was a case out of Oakland County where it case came before the planning commission. It was a special land use. They had the same six or eight standards, slightly different than you have. And it was uh actually it was on a daycare center now that I'm thinking about it. And the um there was a challenge to it. The planning commission turned it down and simply said that the applicant did not meet the standards. went to the went to the circuit court which is where the appeal is taken and the circuit court made a decision and it went to the court of appeals and the court of appeals said that without making specific findings on each of the standards there's no way for the court to determine what the reason for the planning commission's decision was and um so as a result every and I've at any given time got five or six appeals come going on from the planning commission and ZBA VA circuit court. And in every single case, the attorney for the party that's challenging the decision, the very first argument that they make is the planning commission didn't have an adequate record. And in some cases, it's a beautiful record and there's no way we can lose it. But in other cases, and I've I've been on these because I do a fair amount of insurance defense work. So when I come in, the people are on the

field already and there's nothing I can do about it. The record is the record. And you would be surprised how many times a commission will simply say, uh, we looked at everything and the applicant doesn't satisfy the eight standards. Move to deny. Well, when a court gets it, they say, why? Which of the standards didn't they meet? And which of the ones did they meet? And what was the reason for it? Was there an adequate reason given? So as a result, the way to have a perfect record and to make your decision almost unassalable in court is for you to go through the standards and it doesn't have to be a long dissertation, but like Rich did tonight, you know, is it compatible with surrounding land uses? Yes, there's property to the east, west, north, and south that are exactly the same use. They satisfy it. You know, does it have an adverse impact? No, there's similar uses. All, you know, things like that. You go through it and it doesn't have to be lengthy but it has to be sufficient so that when a third party i.e. judge looks at it, they can say, "All right, I see what they did and I see why they did it and then they have to apply a test and the test in the court before the court is was the decision based on substantial evidence." In other words, was there adequate evidence presented on which the planning commission could make their decision? You do that every time and you'll have a perfect record. So, it's a little, you know, it's a little bit timeconuming to do it, but we we're going to get it right and and it's it's worth taking the time to do that. Thank you,

Ralph.

I'm all set. Thank you, Carl. Mark, good to go. Thanks, Rick. I'm all set. Thank you. And the chair is all set. Um, so with that, uh, making a motion to adjourn at 7:40. Motion by Carl, supported by Mark to adjourn tonight's meeting at 7:40. All in favor? I opposed. Motion carries and good night.