MINUTES OF THE MEETING OF THE PLANNING COMMISSION,
WHICH TOOK PLACE ON TUESDAY, JANUARY 23, 2001, 7:00 P.M.,
COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN
1. Roll Call.
PRESENT: Commission
members – Baker, Garner,
Geisler, Kozakiewicz, Lind, Rapanos, Slicker, Wieland
ABSENT: Senesac
OTHERS PRESENT: Jon
Lynch, Director of Planning and Community Development; Mark
Ostgarden, City Planner; Cheri
Standfest, Administrative Assistant; and 14 others.
2. Approval
of the minutes of the meeting of January 9, 2001.
It was
moved by Baker, seconded by Garner, to approve the minutes of the meeting of
January 9, 2001. The minutes were
approved.
3.
Public Comments.
4. Old
Business.
a.
Zoning
Petition No. 471 – the request of John
Rapanos to rezone property on Lee Street (north of East Patrick Road, east of
Clay Street, and west of the US-10 Expressway) from Residential A-3 to
Residential A-4. Noting that the
petitioners in Zoning Petition Nos. 471 and 472 are his parents, Mr. Steve
Rapanos requested, and was granted, permission to abstain from consideration of
these requests.
Chairman Wieland introduced Zoning Petition No. 471, and Mr. Lynch
provided a brief review of the request.
Ms. Julie Kiel of 925 East Wheeler Street, representing the petitioner,
explained that this request is driven in large part by the proximity of this
parcel to a Residential-B Zone and a multi-family apartment complex located in
the zone. She also responded to
testimony received during the public hearing, noting that duplex structures in
this community are typically very nice buildings that are well maintained.
Planning Commissioners discussed the fact that this request appears to be
supported by the Master Plan. Based on
the staff assessment of applicable review criteria, Commissioners felt the
requested zoning change was warranted.
It was moved by Geisler and seconded by Baker to recommend approval of
the zoning change requested in Zoning Petition No. 471, from Residential A-3 to
Residential A-4. The vote proceeded as
follows:
YEA: Baker, Garner, Geisler,
Kozakiewicz, Lind, Slicker, Wieland
NAY: None
ABSTAIN: Rapanos
b.
Zoning
Petition No. 472 – the request of Judith Rapanos
to rezone property on the west side of Waldo Avenue south of Bay City Road from
Residential A-4 to Business B-2.
Chairman Wieland introduced the petition, and Mr. Lynch provided a brief
review of the request, that being a 107’ deep by 99’ wide area of parcel
#14-23-30-014. Ms. Julie Kiel of 925
East Wheeler Street, representing the petitioner, introduced some new
information to the Commission. Several
photographs of an existing parking lot on the property were displayed for the
Commissioners. The photos illustrated a
congested parking lot. Ms. Kiel explained
that there may be certain times of the day or week that the parking lot is not
full, but at other times the lot is congested and vehicles may be encroaching
into Waldo Avenue.
Ms. Kiel further noted that the petitioner has removed a dilapidated
structure from the subject site, constructed a berm, and planted pine trees to
provide screening. A photograph
illustrating the trees and berm was also displayed. She pointed out that if a fence were to be
constructed on the berm, the fence would be above the windows of the Mize
residence to the south. Finally Ms. Kiel
noted that during the public hearing, Mr. Mize stated that his house was 3˝
feet from the side lot line. That must
be a nonconforming dimension and as such the petitioner should not be
penalized.
Commissioner Baker inquired about the recent zoning requests on this
parcel. Mr. Lynch explained that
on September 16, 1999, Judith Ann Rapanos, seeking
rezoning of this area from Residential A-4 to Business B-2, filed an
application. On October 26th of 1999,
the Planning Commission recommended approval of Zoning Petition 450 by a vote
of 4-2 with one abstention. Upon
receiving the Planning Commission recommendation, the City Council voted 1-4 to
approve the request resulting in denial of the change.
On December 10, 1999, Ms. Rapanos filed Zoning Petition 451, requesting
rezoning of this same area of the parcel from Residential A-4 to Office Service
2. On January 25, 2000, the Planning
Commission voted 6-2 with one abstention to recommend approval of the requested
zoning change. On February 28, 2000 the
City Council denied this rezoning request on a 2-3 vote.
Commissioner Giesler inquired about reasons the City Council concluded
that neither requested change should be supported. Mr. Lynch responded that information in the
files appeared to indicate the Council was concerned that the Planning
Commission recommendations were split, residents of the neighborhood raised
several serious concerns, and the range of potential land uses was rather
broad.
Commissioners discussed the fact that the petitioner had made a number of
improve-ments on the subject parcel.
Those improvements illustrate a positive intent, and the lot looks much
better now. Members also discussed how a
fence would be added to the site. Ms.
Kiel expressed her feeling that a site plan review of a parking lot design
could address such concerns and that it is unlikely that the petitioner would
wish to remove the recently planted pine trees.
Commissioner Giesler questioned whether an Office-Service zoning
designation should be applied to this subject parcel. Mr. Lynch responded that an Office-Service
district on the portion of the lot subject to the petition would be contrary to
the Master Plan and would constitute spot zoning.
Commissioner Lind made clear that he was originally in opposition to the
two previous rezoning requests. However,
given the recent improvements to the lot and opening of the Bay City Road
interchange, he is now supportive of the request. He noted that he never felt that parking
demand justified a change in zoning and still does not.
The Commissioners discussed neighborhood conditions and the relationship
of this request to the Master Plan. It
was moved by Garner and seconded by Lind to approve Zoning Petition No.
472. The vote proceeded as follows:
YEA: Baker, Garner, Geisler,
Kozakiewicz, Lind, Wieland
NAY: Slicker
ABSTAIN: Rapanos
c.
Preliminary
Plat of Bogel’s Urban Subdivision No. 2 – a residential
subdivision of 23 lots on 11.47 acres north of Airport Road and west of Perrine
Road. Proprietors are Joe and Barb
Bogel.
Chairman Wieland introduced the plat, and Mr. Lynch provided a brief
review of the application, noting that much of the testimony received regarding
this matter dealt with wet conditions at the south edge of the proposed plat.
Commissioner Slicker asked for an interpretation of site contours
illustrated on the preliminary plat. Mr.
Lynch explained general topographic conditions of the subject site. Commissioner Slicker then inquired about the
accuracy of the illustrated contours.
Mr. Jerry Jones of Ayres Associates responded that the contours were
derived from aerial photography and are probably accurate to within one foot,
but they have not been field checked.
Mr. Dave Roth of 4208 Airport Road informed the Planning Commission that
water problems in the area are very real.
He shared a letter from the Municipal Engineering Department written in
1993 that offered free 4-inch drain tile to property owners. The tile was to be installed in sanitary
sewer lead trenches with the intent of helping drain rear yards of lots
fronting on Airport Road. Commissioner
Baker asked if the 4-inch tiles had been installed. Mr. Lynch responded that Engineering Department
staff members previously indicated that the 4-inch tiles had been installed.
Commissioner Rapanos clarified that the staff recommendations called for
project drainage to be constructed to the satisfaction of the City Engineering
Department, not to the satisfaction of area residents. Commissioner Lind expressed his feeling that
the proposed road and associated storm-water system would help solve
storm-water problems in the area.
Commissioners also discussed the fact that the City began actively reviewing
and regulating storm-water system designs in the early 1980’s, well after the
lots along Airport Road were developed.
Planning Commissioners discussed the role of the County Drain
Commissioner in approval of plats. They
also discussed the potential future extension of Bogel Road.
It was moved by Rapanos and seconded by Slicker to recommend tentative
approval of the preliminary plat for Bogel’s Urban Subdivision No. 2 contingent
upon:
1. Lots 24, 25, 26 and 27 be modified to meet the required width of 80 feet
or an appropriate dimensional variance be secured.
2. Lots be modified to meet the 1 to 2.5 width to depth ratio, or
appropriate dimensional variances be secured.
3. Bogel Road will be continued in the future.
4. A temporary turnaround shall be provided at the dead-end of Bogel Road.
5. Fire safety requirements, as set forth by Chief Hargarten in his
memorandum of December 6th shall be complied with.
6. Storm water retention, drainage, and easement requirements will be met to
the satisfaction of the Midland Engineering Department.
The vote proceeded as follows:
YEA: Baker, Garner, Geisler,
Kozakiewicz, Lind, Rapanos, Slicker, Wieland
NAY: None
d.
Planned
Unit Development No. 13 – the
request of Royal Castle Companies for review and approval of a residential
development of 128 units on 13.54 acres on the south side of Joseph Drive east
of Jefferson Avenue, to be known as The Village at Joseph’s Run.
Chairman Wieland introduced the Planned Unit Development, and Mr. Lynch
provided a brief review of the application.
Mr. Mike Lerner of the Royal Castle Companies explained that the
Planning Commission had been provided with revised drawings illustrating design
changes to parking areas. He also noted
that other site elements such as lighting and landscaping had been amended to
address concerns raised during a neighborhood meeting.
Commissioner Baker indicated that while originally opposed to zoning the
subject area for one- and two-family uses, the proposed site design now
considered by the Planning Commission is very good.
Mr. Lynch advised to Commission to revisit the issue of parking
spaces. Mr. Lerner noted that the site
plan proposes 256 parking spaces, as required by the Zoning Ordinance. Adequate visitor spaces will be present as
the average vehicle-to-unit ratio is 1.25, based on other Royal Castle
projects.
Mr. Lynch also provided information from the Midland Police Department
regarding traffic law enforcement on private streets.
Commissioners discussed the general appearance of the site, a community
need for affordable housing, and the provided staff report.
It was moved by Rapanos and seconded by Slicker to recommend approval of
Planned Unit Development No. 13 contingent upon:
1.
Interior drive grades will be between .3% and 6%.
2.
Ten-foot wide utility easements along both the north
and south sides of Joseph Drive between Jefferson Avenue and Midfield Lane will
be recorded prior to issuance of building permits.
3.
An adequate number of parking spaces to meet the
needs of both residents and visitors will be provided.
4.
Illumination from site lighting will not be cast off
the subject site.
5.
Utility easements for sanitary sewer, water, and
storm sewer will be provided to the satisfaction of the Midland Department of
Engineering.
6.
Water on site shall meet minimum flow required in the
Uniform Fire Code.
7.
Installation of a fire department access roadway, 20
feet wide and capable of supporting 60,000-pound vehicles, prior to
construction of any structures.
8.
Interior drives shall be posted for no parking as
directed by the Midland Fire Department.
The vote proceeded as follows:
YEA: Baker, Garner, Geisler,
Kozakiewicz, Lind, Rapanos, Slicker, Wieland
NAY: None
6. New
Business.
a. Bartow
Annexation - Property on the east side of Dublin Road
north of Airport Road. Mr. Mark
Ostgarden, City Planner, introduced to the Commission the matter of annexation,
zoning, and site plan approval of a project being developed by Mr. Gary
Bartow. While no action by the
Commission was necessary at this time, Mr. Ostgarden pointed out that the
Planning Commission would be asked to render decisions on proposed zoning
classification and site plan approval the same evening that public hearings are
conducted.
Mr. Ostgarden presented information leading to the conclusion that a
Business C zoning classification would be most appropriate for this
property. Commissioners agreed that the
hearing for application of municipal zoning should advertise this area as potentially
being zoned Business C.
Adjournment at approximately 8:42 PM was moved by Geisler, seconded by
Rapanos, and unanimously approved.
Respectfully submitted,
Jon Lynch
Planning Commission Secretary
NOT OFFICIAL UNTIL APPROVED BY PLANNING COMMISSION ACTION