MINUTES OF THE MEETING OF THE PLANNING COMMISSION,
WHICH TOOK PLACE ON TUESDAY, JANUARY 27, 2004, 7:00 P.M.,
COUNCIL CHAMBERS, CITY HALL,
1. Roll Call
PRESENT: Baker, Kozakiewicz, Geisler, Max, Mead, Senesac, and Wieland
ABSENT: Dowling and Svenson (each
excused)
OTHERS PRESENT: Mark Ostgarden, City Planner and 7
others
2. Approval
of Minutes
Regular Meeting of
It was moved by Geisler and supported by Max to approve the minutes of
January 13. The minutes were unanimously
approved as corrected.
3. Public
Hearings
None
4. Public
Comments (not related to agenda items)
None
5.
Old
Business
A. Zoning Petition No. 505 - Consideration
of a zoning change requested by Family and Children’s Service of Midland to zone
property at 1610 Bookness Street from Residential A-4 to Office Service 2. Mark Ostgarden provided a summary of the
request and the public hearing conducted on January 13th. Bonnie McManus of Family and Children’s
Service described her agency as being a good neighbor and that if the zoning is
approved that the parking lot will be screened from adjacent property.
Commissioner Kozakiewicz stated that there was a similar situation which
occurred at Wolverine Bank. Rezoning
seems compatible with the uses across the street. He sees no adverse affect of a parking lot.
He realizes the property can be used for residential purposes. He questioned whether the change will cause
erosion of the neighborhood.
Commissioner Max was surprised that there was no opposition. He can not support the plan as it does not
fit with the Master Plan.
Commissioner Wieland understands the staff recommendation, most
compelling is the inconsistency of the zoning with the Master Plan, however the
area has not developed in the manner anticipated in the Plan.
Commissioner Mead stated that the rezoning will offer a buffer and the
area will gradually change.
Chairman Senesac noted that discussion should not be about a specific
use. He has difficulty in supporting the
request. He agrees that Office Service
is a buffer. He supports the use of the
property (as explained at the hearing) but he cannot support the zoning.
Commissioner Geisler said that Office Service makes a good buffer. If the buffer were extended, it can help protect
residential uses in the area.
Commissioner Wieland is hesitant but he will support the request, however
this is an area for disagreement.
It was moved by Kozakiewicz and
seconded by Wieland to recommend approval of Zoning Petition No. 505.
The vote proceeded as follows:
YEA: Baker, Kozakiewicz, Geisler, Mead, and
Wieland
NAY: Max and Senesac
ABSENT: Dowling and Svenson
B. Site Plan No. 235 - Consideration
of site plan approval requested by Arthur J.
Fisher
to revise an approved site plan (#219) for a residential mobile home park with
137 sites on approximately 35 acres located east of Perrine Road and south of
Letts Road. Mark Ostgarden provided a
summary of the request and the public hearing of January 13th. The changes in the revised plan, the list of
outstanding issues, the staff recommendation and approval contingencies were
presented.
The
significant issues of discussion included the pedestrian bridge across Sturgeon
Creek, and a children’s play area. The
City Planner inquired how residents would get to the park office which is on
the east side of the Creek, if there is not a pedestrian bridge. Arthur Fisher, the park owner, explained that
Letts Road would be used. The City
Planner asked where children would play.
The site engineer indicated that there is open space along the Creek
(floodplain). Mr. Fisher identified
areas where a playground could be constructed in the new park.
Mr.
Fisher is willing to construct a pedestrian bridge. The site engineer indicated that approval of
the bridge could take up to a year as it involves a DEQ floodplain permit to
construct the bridge.
Some
Commissioners questioned why the bridge was being discussed. The City Planner reminded the Commission the
bridge is part of the already approved plan but was removed on the revised
plan.
A
poll of the members taken by Chairman Senesac indicated support for the
bridge. The City Planner suggested that
because there was concern about the amount of time required to get permit
approval, and whether the bridge would even be approved, that the approval
could include a condition that the application for the DEQ permit is made
within six months, and the bridge be constructed within one year following
permit approval. The suggestion was
acceptable to the Commission.
It was moved by Max and seconded
by Baker to recommend approval of Site Plan No. 235 with the following
contingencies:
1. An application for a DEQ permit to construct a pedestrian bridge across
Sturgeon Creek is made within six months of site plan approval and the bridge
be constructed within one year following DEQ approval.
2. Dumpsters shall not be visible from the public right of way.
3. Geometry of the intersection of the private street at Perrine Road must
be approved by the City traffic engineer.
4. Private street names must meet local naming convention.
5. Fire hydrants must be in place and
operable prior to installation of dwelling units.
The vote proceeded as follows:
YEA: Baker, Geisler, Kozakiewicz, Max, Mead,
Senesac, and Wieland
NAY:
ABSENT: Dowling and Svenson
C.
City
of Midland Zoning Ordinance – Continue discussion
of draft zoning text.
The City Planner explained that
the only outstanding issue is recreational vehicles. The memo prepared by Assistant City Manager
Jon Lynch was reviewed. The significant
change increased the time allowed for temporary storage in the required setback
from four weeks to six weeks. The table
that compared the existing Zoning Ordinance language to proposed language was
discussed. It included language
requested by the Commission which restricted front yard parking. It was explained that there is language in the City Code of Ordinances that
will need to be amended if the existing language is retained.
Commissioner Kozakiewicz asked
what would be gained with restricting parking in the required yards and he
thought the restrictions would be confusing.
Commissioner Mead thought the
change in the proposed language was a small change and the new language goes back
to existing language.
Commissioner Geisler was the only
member present who thought that parking should be restricted. He thought that if recreational vehicles are
parked in the setback that a neighbor should be allowed to construct a tall
fence to shield the view of the vehicle.
He reminded fellow Commissioners that there are differences between
urban and rural areas.
Chairman Senesac said that he has
come full circle on the issue. He now
supports leaving the language the way it is.
It was moved by Wieland and
seconded by Max to include the existing language (with the amendments suggested
in the staff report) in the new Zoning Ordinance.
The vote proceeded as follows:
YEA: Baker, Kozakiewicz, Max, Mead,
Senesac, and Wieland
NAY: Geisler
ABSENT: Dowling and Svenson
In reference to a letter
distributed to Commissioners from resident John Rapanos, Chairman Senesac asked
whether the Planning Commission desired to consider language in the new Zoning
Ordinance which would permit parking as a conditional land use in Residential
A-4 and RB zoning districts for adjacent business and office zones uses. It was his impression that there have been
several situations before the Commission that would warrant consideration of
this in the new Ordinance.
The Commission thought it would
be a good idea. The City Planner
cautioned the Commission that it may sound like a good idea; however, staff
would like to talk to McKenna Associates about it. The Commission agreed and asked whether
information could be provided at its next meeting. The City Planner stated he will try to have
the information for the next meeting.
The City Planner asked the
Planning Commission to consider having a public hearing on the entire Zoning
Ordinance draft at its February 24th meeting. He recommended that if the Commission wanted
to move ahead that a motion be introduced and a voice vote be conducted.
A motion was made by Rod Wieland
and seconded by Dan Kozakiewicz to conduct a public hearing on the new Zoning
Ordinance on February 24, 2004.
All in support.
6. New Business
None
7. Communications
None
8.
Report of the Chairman
The
chairman had no information to report.
9. Report of the Planning Director
The
Director reported on the following matters:
February
9th
PUBLIC HEARINGS
Set
date for Zoning Petition No. 505 – Family and Children’s Service
ACTION ITEMS
Site Plan No. 235 – Alpine
February
10th
PUBLIC HEARINGS
Site
Plan No. 236 – Forestview Condominiums
The City Planner reminded the
Commission that it requested reports on Zoning Board of
Appeals activity. The City Planner reported there was no
January meeting of the Board.
.
10. Adjourn.
The motion to adjourn at approximately 9:00 PM was unanimously approved.
Respectfully submitted,
Mark Ostgarden, AICP, CFM
City Planner
MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION