MINUTES OF THE MEETING OF THE PLANNING COMMISSION,
WHICH TOOK PLACE ON TUESDAY, JULY 22, 2003, 7:00 P.M.,
COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN
1. Roll Call
PRESENT: Baker, Geisler, Kozakiewicz, Mead, Senesac, and Wieland
ABSENT: Dowling, Max, and Svenson (each
excused)
OTHERS PRESENT: Mark
Ostgarden, City Planner; Cheri Standfest, Administrative Assistant; and 8
others
2. Approval
of Minutes
It was moved by Geisler and supported by Wieland to approve the minutes
of July 8th. The minutes were unanimously approved as corrected.
3. Public
Hearings
Zoning Petition No. 501 Action initiated by the Planning Commission to
zone property located at 1367 and 1419 East Saginaw Road from Township zoning
to Business B-2. [See transcript]
4. Public
Comments (not related to agenda items)
None
5. Old Business
Zoning Petition No. 502 Action initiated by the Planning Commission to
zone property located at 1351 East Saginaw Road from Township zoning to
Business B-2.
Staff reviewed the significant aspects of the zoning and the six criteria
for evaluating the petition. A letter
from property owner Cora Belle Bell was received opposing the commercial
zoning. The letter stated she desired
the zoning to be residential and cited, among other reasons, loss of property
values and spot zoning as reasons.
Dan Kozakiewicz questioned whether the Office Service zoning to the
north, which is more area than identified on the Land Use Plan constitutes a
changed condition in the neighborhood.
The City Planner explained that the lines are not fixed. Determination of whether the additional
Office Service is a change condition would need to be a Panning Commission
determination.
Sheldon Mitchell asked about what type of commercial activity would be
permitted. The City Planner explained
that the proposal is to zone the property BB-2, which would allow a wide
variety of commercial activity. Mr.
Mitchell asked whether a gas station would be allowed. Staff responded that it would. He did not object too most commercial uses
but had concerns about a gas station.
Tom McCann thought if the property to the north is zoned Office Service 2
then there should be a transition toward a busy highway. He did not think RA-1 would be appropriate
for the property.
Jim Geisler thought BB-2 was not appropriate because it would make the
residential use nonconforming. He
suggested that Office Service 2 zoning should be considered. That zoning allows single family residential
uses as permitted uses.
Rod Wieland thought that the property should not be zoned residential in
conformance with the Master Plan. Russ
Baker agreed.
Dan Kozakiewicz thought Office Service zoning would be in character with
the neighborhood and will make her property conforming.
Roger Mead would like to see the Office Service zoning.
Ray Senesac reminded everyone about the discussion that took place when
the property was reviewed as part of the Master Plan discussion for the 1997
Plan. He said the intent was to limit
the commercial activity and that the Commission at that time did not want
another commercial strip. He was not in
support of business zoning
Rod Wieland stated that the Homer Township Plan had the entire area zoned
commercial and that this area should be evaluated again.
Jim Geisler reiterated that Office Service 2 would be a good compromise.
A motion was made by Jim Geisler and supported by Dan Kozakiewicz to zone
the area in Petition No. 502 to Office Service 2.
The vote proceeded as follows:
Yea: Baker, Geisler, Kozakiewicz and Mead
Nay: Senesac
and Wieland
Absent: Dowling, Max, Svenson
.
Zoning Petition No. 503 Action initiated by the Planning Commission to
zone property located at 1649 East Saginaw Road from Township zoning to
Business B-2.
City Planner reviewed the significant issues with the zoning request and
the six criteria for evaluating the request.
It was suggested that if the Planning Commission recommended a
commercial zoning, that only a portion of the Midland Fence Company property be
zoned Business B-2. An air photo of the
property was shown depicting the developed portion of the property. This represented approximately 700 feet of
depth from Saginaw Road. The north part
of the property was vacant and was about 500 feet deep.
When asked about zoning only the developed potion of the property, to
Business B-2 owner Terry Humpert responded he did not know what he would do
with the part that as not zoned business.
Tom McCann thought that the frontage to a depth of 700-800 should be
zoned business. He did not think the entire
depth of 1200 was appropriate.
Rod Wieland thought it appropriate to zone the developed portion to
Business B-2.
Ray Senesac stated that zoning the property Business B-2 is not in accord
with the Master Plan. The uses along
Saginaw Road are residential. Zoning the
property to business means we are committing this area to business development.
A motion was made by Dan Kozakiewicz and seconded by Russ Baker to zone
that portion of the property from the fence line south to Business B-2 and the
remaining property zoned Residential A-1.
The vote proceeded as follows:
Yea: Baker, Geisler, Kozakiewicz, Mead, and Wieland
Nay: Senesac
Absent: Dowling, Max, Svenson
The exact distance to the fence line and to the north line will need to
be determined.
Site Plan No. 229 Request by Three Rivers Construction, Inc. on behalf
of the Midland Evangelical Free Church to construct a 125,000 square foot
family life center on property located west of North Jefferson Road and south
of Monroe Road. Commissioner Kozakiewicz
requested to abstain from action, as Three Rivers is his employer. It was moved by Max and seconded by Dowling
and was unanimously approved to allow Commissioner Kozakiewicz to abstain.
Dan Kozakiewicz reminded the Planning Commission about his abstention on
this petition.
The City Planner described the significant aspects of the site plan. The Commission is acting only on Phase I of
the project. The contingency items
described in the staff report were reviewed.
The staff report indicated that the City Traffic Engineer Stan Cool had
been requested to review whether a bypass lane for northbound traffic should be
considered. Due to surgery that Mr.
Cool has had he has not reviewed this request.
It was recommended that the review be included as a contingency item.
Sheldon Mitchell inquired of the Commission how long it would take to develop the project. Randy Sherman the architect of the project indicated that this is a four-phase project and that each phase could take two years complete.
All members of the Commission ware in support of the project with the contingencies that had been reviewed. Roger Mead supported the project but was concerned about the traffic on Jefferson Avenue.
A motion was made by Jim Geisler and seconded by Rod Wieland to recommend approval of Site Plan No. 229 subject to the following contingencies:
1. A minimum of 31 barrier free parking spaces are provided.
2. Site lighting will not cast illumination off site.
3. Refuse dumpsters will be screened.
4. Fire hydrants shall be provided around the perimeter of the building at intervals not to exceed 600.
5. The south entrance must align with the entrance to Broadhead Estates, east of Jefferson Road.
6. MEFC considers providing an additional 7 to the Jefferson Road ROW along the east side of the site.
7. The 16 water main at Jefferson Road will be extended to the north entry drive so that the site supply system can be looped. MEFC will request such extension in the 2004 Engineering Priorities process.
8. Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.
The vote proceeded as follows:
Yea: Baker, Geisler, Mead, Senesac, and Wieland
Nay: None
Abstain:
Kozakiewicz
Absent: Dowling, Max, Svenson
7.
New
Business
There was no consensus by the Planning Commission to consider Zoning
Petition No. 501. That will be scheduled
for August 12th. The
Commission would like more input from the property owner.
8. Communications
An article on churches and zoning was
distributed by Jim Geisler
9. Report
of the Chairman
No report.
10. Report
of the Planning Director
Zoning Petition No. 501
ACTION
ITEMS
Zoning
Petitions No. 502 and No. 503
Site Plan
No. 229
Special
meeting on September 2nd at 6:00 p.m. for Zoning Ordinance public
hearing
OUTSTANDING BUSINESS
Site Plan No. 220 Taco Bell WT Development and Nick Rapanos
are continuing to discuss the easement issues.
The
Planning Department is reviewing Midland Townships Master Plan and will be
providing written comment to the Township.
Encouraged the Planning Commission to
begin planning for the MSP Conference
scheduled for October 15-18 at Grand
Traverse Resort.
11. Adjourn.
Adjournment at approximately 9:00 PM was moved by Geisler, seconded by
Baker, and unanimously approved.
Respectfully submitted,
Mark Ostgarden AICP, CFM
City Planner
MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION