MINUTES OF THE MEETING OF THE PLANNING COMMISSION,
WHICH TOOK PLACE ON TUESDAY, APRIL 23, 2002, 7:00 P.M.,
COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN
1. Roll Call
PRESENT: Baker, Dowling, Geisler, Kozakiewicz,
Max, Senesac, Slicker, Svenson, and
Wieland
ABSENT: None
OTHERS PRESENT: Jon Lynch, Director of Planning
& Community Development; Cheri
Standfest, Administrative Assistant; and 8 others
2. Approval
of the minutes of the meeting of March 26, 2002
Wieland,
seconded by Baker, moved approval of the minutes of the meeting of March 26,
2002. The minutes were unanimously
approved.
Chairman
Geisler introduced the newest member of the Planning Commission, Mr. Pat Max.
3. Public
Hearings
It was moved by Senesac and seconded by Wieland to grant Mr. Bakers
request. A vote on the motion proceeded
as follows:
YEA: Dowling,
Geisler, Kozakiewicz, Max, Senesac, and Wieland
NAY: Slicker, Svenson
ABSENT: None
4. Public
Comments (not related to agenda items)
None
5.
Old
Business
a.
Zoning
Petition No. 490 initiated by Alexander
Irigoyen, to zone property at 2101 Bay City Road and 2107 Bay City Road from
Business-C to Industrial-A. Mr. Lynch
provided a brief review of the public hearing conducted regarding this matter
on April 9th. Mr. Irigoyen
then indicated that he was prepared to respond to any new questions from the
Commission.
Commissioner Senesac expressed support for the petition and noted some
concern regarding the L shaped Business C zoning district that will remain
around the subject site.
Commissioner Wieland noted that staff had contacted adjacent property
owners to measure interest in potentially rezoning their parcels as well. The adjacent owners did not wish to be
involved in the petition but did not object to this request.
A vote on the motion proceeded as follows:
It was moved by Baker and seconded by Slicker to recommend to City
Council approval of Zoning Petition No. 490.
Mr. Lynch pointed out that it would be appropriate for Commissioner Max
to abstain from this vote since he was not a member of the Commission when the
public hearing was conducted.
YEA: Baker, Dowling, Geisler, Kozakiewicz, Senesac, Slicker,
Svenson, and Wieland
NAY: None
ABSENT: None
ABSTAIN: Max
6. New
Business
a.
Public
Property Vacation Consideration of a request
to vacate a public walkway between Virginia and Carolina Streets. Mr. Lynch provided a review of this petition,
noting that the Planning Commission does not conduct a public hearing for
consideration of public property vacations.
Petitioners cite vandalism, poor sidewalk conditions, litter, noise, and
loitering as reasons for requesting vacation of this walkway.
Mr. David Emmeott of 2218 Virginia Street explained to the Commission
that the high school is very near the walkway and that the school
administration has no control over what transpires there. The walkway was platted in 1942. In the 1960s a similar walkway between
Maryland and Carolina Street was blocked off.
Neighbors would like the opportunity to remove the sidewalk and convert
the walkway to grass and private lawns, similar to other undeveloped and
vacated walkways in the neighborhood.
This walkway has outlived its usefulness.
Mr. Jim Weslowski of 2305 Virginia Street noted that behavior of walkway
users has gotten worse over the past 10 years.
Several weeks ago he witnessed the arrest of three individuals who were
on the walkway. The area is used for
underage smoking. Most users of the
walkway are students but Eastlawn is only 300 feet away.
Mr. Tyler Stenka of 2221 Carolina Street explained to the Commission that
he has had water balloons and fast food condiment packages thrown against the
side of his house facing the walkway.
Litter also gets deposited over the fence and onto his lawn. Before the fence was built, people would
trespass onto his patio.
Ms. Sally Ann Sutton of 1306 Ohio Street noted that residents rarely use
the walkway when students are present due to intimidation and verbal
abuse. The school has an open campus,
which leads to students congregating in this area. School administrators have indicated that
they have no jurisdiction in this area.
Ms. Karen Emmeott of 2218 Virginia Street stated that students are
congregating on the walkway between 11:00 AM and 12:20 PM. They use the area for smoking. On once occasion students dragged furniture
placed out for disposal into the walkway for their use.
Mr. Scott Belson of 2209 Virginia Street told Commissioners that he had
forbidden his 6-year-old son from using this area unless accompanied by an
adult. He does not consider the walkway
to be a safe place for a young child.
Commissioner Senesac noted that the existing walkway is clearly used by
students for a wide range of purposes.
While closure of the walkway may relocate rather than solve some of the
behavior related problems, it is difficult to identify value in the existing walkway.
Commissioner Svenson pointed out that even if no students were using the
walkway, the condition of the existing sidewalk is a problem.
It was moved by Wieland and seconded by Slicker to recommend to the City
Council that the 10 wide public walkway between Virginia and Carolina Streets be
vacated and that an easement for installation of public utilities be retained.
A vote on the motion proceeded as follows:
YEA: Baker, Dowling, Geisler, Kozakiewicz, Max, Senesac,
Slicker, Svenson, and Wieland
NAY: None
ABSENT: None
7. Communications
None
8. Report
of the Chairman
None
9. Report of the Planning Director
The
Director reported on the following matters:
During its
regular meeting of April 22nd the City Council approved Zoning
Petitions No. 485, 486, 487 and 488. The
preliminary plat of Harsh Estates was rejected.
On May 6th
the Council will conduct a public hearing on Zoning Petitions No. 490. The public walkway vacation will also be
considered.
During the
May 14th Planning Commission meeting the Commission will conduct
public hearings on Zoning Petition No. 492 and a PUD for Sterling Park
Subdivision. The Commission will
deliberate on Zoning Petition No. 491 and Site Plan No. 212.
McKenna
Associates will be meeting with the Commission on May 22nd to conduct the first
issues forum.
On May 28th
the Planning Commission will act on Zoning Petition No. 492.
10. Adjourn.
Adjournment at approximately 8:43 PM was moved by Slicker, seconded by
Baker, and unanimously approved.
Respectfully submitted,
Jon Lynch, AICP
Planning Commission Secretary