MINUTES OF THE MEETING OF THE PLANNING COMMISSION,

WHICH TOOK PLACE ON TUESDAY, SEPTEMBER 12, 2000,

7:00 P.M., COUNCIL CHAMBERS, CITY HALL,

MIDLAND, MICHIGAN

 

1.   Roll Call.

PRESENT:  Commission members – Baker, Garner, Geisler, Kozakiewicz, Lind, Rapanos, Senesac, Slicker, Wieland

ABSENT:    None

OTHERS PRESENT: Mark Ostgarden, City Planner, Acting Secretary; Cheri Standfest, Administrative Assistant, and 38 others

2.   Approval of the minutes of the meeting of August 22, 2000.

It was moved by Ray Senesac, seconded by Russ Baker, to approve the minutes of the meeting of August 22, 2000.  Motion carried.

 

3.                 Public hearings:

a.  Zoning Petition No. 469 – the request of Tom McCann to rezone property north and east of the intersection of M-20 (Isabella Street) and Vance Road from Office-Service 2 to Business A and from Business A to Business B-2 (see transcript).

b.  Site Plan No. 192 – the request of Kevin Wirth, Architect, of Three Rivers Construction, on behalf of the Midland County Council on Aging, for site plan review and approval of a 36,500 square foot administrative, adult day care, Meals on Wheels, dining, and conference facility on 5.67 acres southeast of the intersection of North Saginaw Road and Dublin Avenue, adjacent to the Rail-Trail (see transcript).

Dan Kozakiewicz requested to abstain from discussion and voting on this issue, as his firm is involved with the project.  It was moved by Ray Senesac, seconded by Russ Baker, to permit Mr. Kozakiewicz to abstain from discussion and deliberations.  All in support.

 

4.  Public Comments.

Kirk Brillheart, 1006 Wyllys Street, addressed the Commission about the East Ashman Church of God. He had a petition to present on the 1016 House special use permit.  The Chairman advised him that the 1016 House request wil be discussed under Old Business.

 5.  Old Business.

  1. Consideration of the Preliminary Plat of Foster Woods Subdivision – a residential subdivision of 80 lots on 43.77 acres on the east side of Foster Road north of East Wheeler Street.  The proprietor is North Central Development.

Commissioner Rapanos asked to abstain due to a family member having an interest in the submission.  A motion was made by Ray Senesac and seconded by Jim Geisler to permit Mr. Rapanos to abstain from deliberations.  All in support.

The City Planner reviewed the preliminary plat and explained that the plat satisfies the requirements of the subdivision ordinance.  At the public hearing, several issues were  identified that needed to be addressed.  Those issues have been addressed and identified on the plat.

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Two development concerns were still identified, one that the street entrance onto East Wheeler Street does not meet the intersection spacing along a major street.  The spacing requirement is 800 feet between intersections, and a variance from this standard will be required.  The distance between the new intersection and the Congress Street to the west is approximately 530 feet.  The City Planner explained that an access to East Wheeler Street is needed for the subdivision, and the distance between Congress and US-10 is less than the 1600 feet needed for proper intersection spacing.

The City Planner identified that a small parcel approximately 12 feet wide along the west line of the plat has been created as a result of the plat.  It was pointed out that the parcel is not a buildable parcel, and creating it appears to violate the land division ordinance.  It is not in keeping with the purpose of the subdivision ordinance, which is to promote orderly layout and use of the land division of property.   The Commission could postpone a decision to provide the proprietors an opportunity to resolve the issue, or recommend approval conditioned on the parcel being removed form the plat.

Jon Ledy, the project engineer, explained that the intersection variance should be approved because the placement of the intersection is on property controlled by the proprietor.  Two entrances are needed, and no matter where a second entrance is placed, it would be a conflict with spacing.  The intersection is at the top of the ridge, so there is good site distance to the east and west.

The engineer stated that six lots were removed from the plat, based on negotiations with the DEQ for wetland mitigation. 

The engineer also requested the Planning Commission to consider allowing the strip of land along the west plat line to remain.  He stated the strip is there to protect the proprietor’s investment.  If the strip is not there, the property outside the plat would have access to the street inside the plat and thus benefit from the capital expenditures for the plat.  He suggested that because only one lot was affected, and he felt there was no other way to design the subdivision to protect the proprietor’s investment.  He did not feel it was poor planning.

Ray Senesac felt the project was a good use of the land.  He was comfortable recommending the intersection variance; however, he was not comfortable recom-mending approval of the strip of land.  Approval should be conditioned upon resolution of that strip of land.  The rest of the Commission concurred.

A motion was made by Ray Senesac to approve the preliminary plat of Foster Woods Subdivision with the recommendation of a variance for the intersection of East Wheeler Street, and contingent on a resolution of the 12-foot strip of property.        

Vote on the motion:

YEAS:  Baker, Garner, Geisler, Kozakiewicz, Lind, Rapanos, Senesac, Slicker, Wieland

NAYS:  None

ABSENT:  None


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A motion was made by Ray Senesac and seconded by Dan Kozakiewicz to continue the meeting past 10:00 p.m.  All in favor.

  1. Consideration of Zoning Text Amendment No. 139A – initiated by the Planning Commission to amend Section 5.1(c)3, to expand allowable social service agency services in Residential A-1, 2, 3, and 4, and to amend Article XII—Office-Service 2, by adding a new Section 13.1(c) to allow special uses.

The City Planner provided an overview of each of the zoning text amendments.  He reviewed the staff position on both, which was to withdraw the petitions.

The Chairman stated his disappointment of the broad language of the Office- Service and the Business zones.  He expressed a desire to withdraw the langauge and have staff look into language that is more definitive.  

Tom McCann, 3310 Jefferson Avenue, addressed the Commission.  He didn’t think the language should be dropped.

Ray Senesac felt the language was too broad and needs more study.  Jim Geisler thought the language should be withdrawn because the zoning ordinance would be compromised.  The rest of the Commission concurred.  Steve Rapanos wanted to consider language for parking.  Russ Baker felt that if something should be changed, why not change the zoning?  He was not comfortable with exceptions for a certain group. 

Stephen Graham 3567 Drive, suggested that the Planning Commission is constrained by the process and the procedure be looked into.  

A motion was made by Joe Slicker and seconded by supported by Jim Geisler to withdraw the special use language to permit business activities in Office-Service zones.

     Vote on the motion:

     YEAS:  Baker, Garner, Geisler, Kozakiewicz, Lind, Rapanos, Senesac, Slicker, Wieland

     NAYS:  None

     ABSENT:  None

The Commission requested that staff look into more specific language for allowing business activities in Office-Service zones.

The Commission discussed the language to allow the expansion of non-profit social service activities in residential zoning.

A petition was presented which opposed the use of the East Ashman Church of God for use as a non-profit social service agency.

Steve Rapanos felt that the language should be withdrawn based upon the recent changes for the definition of a family.  Recommending this language at this time was contrary to the recent change.  The Chairman was concerned about some of the implications of the language.    Jim Geisler was concerned about using special uses to address individual problems.  He felt the entire special use issue should be looked at rather than on a case-by-case basis.  Ray Senesac did not think the language was consistent with recent changes.

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A motion was made by Joe Slicker an seconded by Russ Baker to withdraw the special use permit language for social service agencies.

All in support. 

 

   6.      New Business.

A motion was made by Ray Senesac and seconded by Tom Lind to consider Site Plan 192.  All in support.

The Commission supported the project and felt that approval was warranted based upon recommendations by staff.

It was moved by Tom Lind and seconded by Joe Slicker to recommend approval of Site Plan 192, conditioned upon a 100-foot deceleration lane (taper) being installed along Saginaw Road and straightening the Dublin Avenue driveway to provide a 90-degree driveway.

       Vote on the motion:

YEAS:  Baker, Garner, Geisler, Kozakiewicz, Lind, Rapanos, Senesac, Slicker, Wieland

NAYS:  None

ABSENT:  None

The Commission scheduled a work session following the next regular meeting to discuss special use permits.  It was suggest that staff investigate other cities and how they use special use permits.

 

It was moved by Ray Senesac, seconded by  Joe Slicker  to adjourn.  Motion carried, and the meeting was adjourned at 10:30  p.m.

 

Respectfully,

 

 

 

Mark Ostgarden

Acting Secretary

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