MINUTES OF THE MEETING OF THE PLANNING COMMISSION,

WHICH TOOK PLACE ON TUESDAY, MAY 9, 2000, 7:00 P.M.,

COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN

 

1.   Roll Call.

PRESENT:  Commission members - Baker, Geisler, McCann, Lind, Rapanos, Sasaki, Slicker, Wieland

ABSENT:    Senesac

OTHERS PRESENT:  James Schroeder, Secretary; Mark Ostgarden, City Planner; Cheri Standfest, Administrative Assistant, and 35 others

2.   Approval of the minutes of the meeting of April 25, 2000.

It was moved by McCann, seconded by Geisler, to approve the minutes of the meeting of April 25, 2000, noting a correction in the transcript of the public hearing on Zoning Petition No. 457, thanking Mr. Asch for his comments.   Motion carried.

 

3.  Public hearings:

  1. Zoning Petition No. 459 – the request of Matt Rapanos to rezone Lot 8 of Hedgewood Subdivision No. 1 (the south side of Universal Drive east of Dublin Avenue) from Business B-2 to Business B-1 (see transcript).

It was noted that the petitioner had requested action at this meeting, but that no staff report had been prepared.  Chairman Wieland indicated it may be taken up under New Business later in the meeting.

b.   Proposed changes to the City’s Master Plan (Land Use Plan) as follows:

Area 1 – Lands both north and south of the intersection of Joseph Drive and Jefferson Avenue from Low-density Residential to Office-Service; lands on the south side of Joseph Drive east of Jefferson Avenue from Low-density Residential to High-density Residential; lands on the north side of Joseph Drive east of Jefferson Avenue from Low-density Residential to Medium-density Residential.

Area 2 – Lands north of Letts Road between Sturgeon Avenue and Perrine Road, from Low-density Residential to Medium-density Residential.

Area 3 Lands between West Wackerly Street and US-10 immediately west of Dublin Avenue, from Low-density Residential to Medium-density Residential.

Area 4 – A triangular area between Waldo Avenue on the west and US-10 on the east, south of the Waldo Avenue interchange, from Medium-density Residential to High-density Residential.

Area 5 – Lands north and west of the intersection of Bay City Road and Waldo Avenue adjacent to Yale Street from General Commercial to High-density Residential.

Area 6 – Lands on the northwesterly side of Jerome Street, from Office-Service to General Commercial.

(See transcript.)

Chairman Wieland indicated that the matter would be discussed by the Commission at its meeting on May 23.

 

4.  Public Comments.

There were no public comments.


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5.  Old Business.

  1. Consideration of Zoning Petition No. 456 – the request of Michael Pnacek, on behalf of F/A Pnacek, Ltd., to zone 40.11 acres on Joseph Drive (east of Jefferson Avenue north of the soccer fields) as follows:

1)  6.1 acres on the southeast corner of Joseph Drive and Jefferson Avenue to Office-Service 2.

2)      4.55 acres on the northeast corner of Joseph Drive and Jefferson Avenue to Office-Service 2.

3)      17.84 acres on the south side of Joseph Drive east of Jefferson Avenue to Residential B.

4)      11.71 acres on the north side of Joseph Drive east of Jefferson Avenue to Residential B.

Chairman Wieland opened the subject by noting that action on the zoning may be premature, inasmuch as the Commission is considering Land Use Plan changes in the area, and the appropriate process would be to not consider the matter until the Land Use Plan is settled.

It was moved by Lind, seconded by Slicker, to defer action on Zoning Petition No. 456.  The consensus of the Commission was that action should be deferred until the changes in the Master Plan were to be considered.  Motion carried.

  1. Consideration of Zoning Petition No. 457 – the request of John Rapanos to rezone property on the north side of East Wheeler Street east of Foster Road and adjacent to US-10, from Residential B to Business B-2.

The Planning Director reviewed information provided in the staff report and noted that information had been provided by the petitioner showing the location of existing gas stations in the community.  It was noted that the petition is not in conformance with the Master Plan.

Mr. John Rapanos, petitioner, spoke in favor of his petition, noting the deficiency of a gas station in this area, and the unlikelihood of the property being developed for Residential B uses.  Mr. Pat Pnacek spoke, noting that the request is not in accord with the Land Use Plan, and asked for consistency in the decision-making process. 

Commissioner Rapanos requested permission to abstain from discussion and voting, inasmuch as the petitioner is his father.  It was moved by McCann, seconded by Sasaki, to grand permission for Commissioner Rapanos’ abstention.  Motion carried. 

Commissioner McCann indicated support for the petition, noting that in the long term, commercial development very likely would occur.  Commissioner Geisler noted the petition is not in accord with the Land Use Plan, and suggested that the Commission may want to consider adding gas stations and similar convenience commercial to the Business A classification.  Commissioners Wieland, Sasaki, and Baker noted that the petition is not in accord with the Land Use Plan.  Commissioner Slicker indicated that in the short term, this rezoning would not be beneficial.  Commissioner Lind indicated support for the rezoning, noting the unlikelihood of Residential B occurring at this location.

 

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It was moved by McCann, seconded by Lind, to recommend to City Council approval of Zoning Petition No. 457.

Vote on the motion:

YEAS:  Lind, McCann

NAYS:  Baker, Geisler, Sasaki, Slicker, Wieland

ABSENT:  Senesac

ABSTENTION:  Rapanos

It was noted by the Planning Director that a motion in the affirmative should be sent to the City Council.  It was then moved by Sasaki, seconded by Baker, to recommend to City Council denial of Zoning Petition No. 457.

Vote on the motion:

YEAS:  Baker, Geisler, Sasaki, Slicker, Wieland

NAYS:  Lind, McCann

ABSENT:  Senesac

ABSTENTION:  Rapanos

It was noted that the recommendation will be sent to the City Council, with a public hearing occurring on June 12.

  1. Consideration of Zoning Petition No. 458 – the request of the County of Midland, to rezone property on the west side of Eastman Avenue north of the Fairgrounds entrance drive and across from Midland Mall, from Community to Business B-2.  

It was moved by McCann, seconded by Sasaki, to recommend to City Council approval of Zoning Petition No. 458.  Commissioner Geisler indicated that the zoning should remain as is.

Vote on the motion:

YEAS:  Baker, Lind, McCann, Rapanos, Sasaki, Slicker, Wieland

NAYS:  Geisler

ABSENT:  Senesac

  1. Consideration of Zoning Petition No. 459.

It was moved by McCann, seconded by Geisler, to consider Zoning Petition No. 459. 

The Planning Director noted that a staff report had not been prepared, and that if one had been done, it would have noted the inconsistency of the zoning in the area with adjacent development, and further recommending that the Commission initiate action to rezone the subject property to Residential B.  Commission discussion attempted to address the question as to why the request was for Business B-1 versus the existing Business B-2.  It was noted that during the public hearing, the petitioner did not explain the reason for the petition.  Commission discussion also identified the inconsistency between the Land Use Plan and the zoning in this area, the former still indicating some Commercial on the corner of Universal and Dublin adjacent to Low-density Residential to the east, even though the land on the corner of Universal and Dublin had been zoned as Office-Service and utilized for senior housing. 

 

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The vote on the motion passed.

Commissioner Rapanos requested permission to abstain from voting, based on the petitioner being his brother.  It was moved by McCann, seconded by Geisler, to grant permission for the abstention.  Motion carried.

It was moved by McCann, seconded by Slicker, to table action on Zoning Petition No. 459.  Motion carried.

6.  New Business.

      There was no new business.

 

It was moved by Geisler, seconded by McCann, to adjourn.  Motion carried, and the meeting adjourned at 9:37 p.m.

 

Respectfully,

 

 

 

James H. Schroeder

Secretary

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