MINUTES OF THE MEETING OF THE PLANNING COMMISSION,

WHICH TOOK PLACE ON TUESDAY, OCTOBER 12, 2004, 7:00 P.M.,

COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN

 

1.   Roll Call

PRESENT:  Baker, Dowling, Eyre, Kozakiewicz, Mead, Senesac, Svenson and Wieland

ABSENT:     Kanuch

OTHERS PRESENT:  Jon Lynch, Assistant City Manager; Daryl Poprave, City Planner; Cheri Standfest, Community Development Specialist; and 12 others.

2.   Introduction of Bill Eyre, Planning Commissioner, and Daryl Poprave, City Planner.

3.   Approval of Minutes

Regular Meeting of September 28, 2004.

It was moved by Wieland and supported by Baker to approve the minutes of September 28th.  The minutes were unanimously approved. 

 

4.   Public Hearings

     

      a.   Site Plan No. 243 – Petition by Kutchey’s Flowers for an 11,280 s.f. retail building on

            1.96 acres located east of Eastman Avenue and south of Commerce Drive. [See

            transcript]

 

      b.   Site Plan No. 244 – Petition by Tractor Supply Company for a 22,792 s.f. retail

            building on 2.95 acres located east of Eastman Avenue and south of Commerce

            Drive. [See transcript]

 

5.   Public Comments (not related to agenda items)

 

      None

 

6.   Old Business

 

a)   Zoning Petition No. 513 – Consideration of request by William Weckesser to zone

            property at 5512 West Wackerly Street from Office Service 2 to Business C. 

 

A public hearing on the matter was presented two weeks ago.  This parcel is approximately .2 of an acre, south of the US-10 expressway.  The current site is currently undeveloped.  On either side, there are existing dwellings.

 

The petition is a request to change the zoning classification from the OS-2 classification to a Business C zoning classification.  

 

Commissioner Eyre asked if Business C allows storage barns.

 

Jon answered yes.  There is the existing site, to the west is a residential structure, then there is a storage barn to the further west.

 

Commissioner Mead asked if any additional letters from the public were received.

 

Jon answered no.

 

Commissioner Mead stated that in a perfect world, the office service makes a perfect transition between the residential and the commercial property.  This property does not feel like office service.  It seems that Business C would be the correct zoning of this property.  The request is to change it from Office Service to Business.  This isn’t the right location for Office Service.  It doesn’t feel like Office Service.  It feels like Business.  However, there should be some serious buffering between the residential and the business property.  We can expect that the parcel to the west to be rezoned also.   If it stays Office Service, there will be nothing done with this property.  It seems like we are supposed to add to the tax rolls.

 

Commissioner Wieland stated that he would feel better about it if both parcels were included.

 

Commissioner Baker questioned if this is spot zoning?

 

Lynch – The definition of spot zoning is that you confer upon a property some advantage over the surrounding parcels.  You are really looking at the progression of zoning as it relates to the surrounding area.  You have to look at if this is a logical progression of uses.  The flip side of this, Business C zoning exists two parcels to the west of this site. 

 

Commissioner Wieland states that across the highway, on the north side of Airport Road is shown as a commercial use on the land use plan.  To the north and east, you are in a residential zone.  Further north, you are out of the MUGA area.  The property to the south is all shown in a residential category. 

 

Commissioner Mead asked how the MUGA line was created at this location. 

 

Commissioner Kozakiewicz would be in favor of supporting the rezoning.  He would be in favor of keeping it Office Service if, to the west, there was not commercial zoning right across the street from the residential zoning.

 

Commissioner Dowling stated he would also support it.  He doesn’t see this property as Office Service.

 

Commissioner Wieland finds himself in general agreement with Roger’s position.  He doesn’t see it developing either as residential or office.  He would really like to see the other parcel rezoned along with it, though.

 

Commissioner Baker asked if we had any contact with the owner to the west.

 

The only contact was a letter from the property owner to the west, indicating they were in support of the petition, and, that if this petition is successful, he would petition to rezone his property to Business C also.  We have not had any contact with the property owner to the east.

 

Commissioner Svenson struggled with this, too.  With a Business C zone, there are a lot of things that are not desirable there.  With the site plan, though, there is just a little edge for rezoning it to Business C, knowing what is going in there.

 

Commissioner Eyre agrees that this is not the place for Office Service.  There is a lot of commercial down the street.

 

Commissioner Senesac will be the lone dissenter tonight.  He has a hard time ever putting Business C next to residential.  The master plan shows a buffer there.  He thinks it is a tough situation whenever you don’t.  He is not convinced that no office will ever go there.  He is going to have to vote against it, as he does not think Business C should go immediately next to residential.

 

Commissioner Mead thinks there should be some buffer between the rezoned parcel and the residential zone.  He thinks there should be some type of screening there and that would suffice as a buffer.

 

Lynch stated the screening requirement would be 6’ high, 75% obscuration. 

 

Commissioner Senesac stated there is definitely a difference between a buffer and screening in his mind.

 

It was moved by Mead and seconded by Kozakiewicz to recommend approval for the proposed change to Business C.

 

The vote proceeded as follows:

 

YEA:                Dowling, Kozakiewicz, Mead, Svenson and Wieland

NAY:                Baker and Senesac

ABSENT:         Kanuch

ABSTAIN:        Eyre

 

      b)   Preliminary Plat, Tentative Approval:  Scenic Estates No. 7 – Consideration of a

            request by Bartow & King Engineers, on behalf of Prodo, Inc., to grant tentative approval

            of a residential subdivision of 29 lots on 15 acres east of Jefferson Avenue and south of

            Wackerly Street. 

 

The subject site is roughly 15 acres in land area.  It is currently undeveloped.  The subject site lies east of Peachtree Circle and Shirewood Lane.  There is a private recreation facility off to the east of this location.  The subject plat shows development

of 29 lots for residential purposes.  These lots meet the requirements of the zoning ordinance.  The streets meet the requirements of our subdivision regulations.

 

No public comments were received either in favor of or in opposition to the preliminary plat.

 

Rich Fosgitt, Bartow & King Engineers, stated that Mr. Rapanos had one issue he wanted to raise tonight.  Mr. Rapanos would like to reserve the right to place a monument sign in the center of the boulevard.  This small parcel would be owned and maintained by the homeowners association. 

 

Mr. Lynch stated that this is not the time to deal with that issue.  This is a topic that will need to be addressed when the final preliminary plat is presented. 

 

Commissioner Svenson thinks the plan meets the minimum qualifications.  However, it would be much more pedestrian friendly if walkways were installed instead of the cul-de-sacs.

 

It was moved by Mead and seconded by Dowling to recommend approval of the Preliminary Plat, Tentative Approval: Scenic Estates No. 7 with the following contingency items.

 

1.         Fire hydrants shall not exceed 500’ intervals.

2.         On street parking should be permitted only on one side of the street (the

            non-hydrant side).

3.         No on street parking should be permitted in the entrance island.

4.         Infrastructure, including roadbed and hydrants shall be in place prior to

            construction.

 

            The vote proceeded as follows:

 

            YEA:                Baker, Dowling, Eyre, Kozakiewicz, Mead, Senesac, Svenson and

                                    Wieland

            NAY:                None

            ABSENT:         Kanuch

 


7.  New Business

None

 

8.  Communications

 

      None

 

9.  Report of the Chairman

     

Several people attended the Michigan Society of Planning Conference a couple weeks ago.  While there, Ray participated in accepting an award for the design of the circle area.

 

10. Report of the Planning Director

The Director reported on the following matters:

 

CITY COUNCIL

 

October 25th

PUBLIC HEARINGS

1.        City of Midland Zoning Ordinance

 

                                ACTION ITEMS

1.        Preliminary Plat Extension – Tri-City Commerce Park

2.        Set Public Hearing – Zoning Petition No. 513

3.        Preliminary Plat – Scenic Estates No. 7

 

November 8th                     

PUBLIC HEARINGS

ACTION ITEMS

1.        Site Plan No. 243 – Kutchey’s Flowers

2.        Site Plan No. 244 – Tractor Supply Company

                               

      PLANNING COMMISSION

       

October 26th

                                PUBLIC HEARINGS

1.        Special Use Permit No. 14 – Bickford House (36 unit senior housing facility, NE corner Jefferson / Joseph Dr)

2.        Site Plan No. 245 – Bennett Commercial Plaza (SW corner Jefferson / Wackerly)

 

ACTION ITEMS

1.        Site Plan No. 243 – Kutchey’s Flowers

2.        Site Plan No. 244 – Tractor Supply Company

 

November 9th

                                PUBLIC HEARINGS

 

ACTION ITEMS

1.        Special Use Permit No. 14 – Bickford House (36 unit senior housing facility, NE corner Jefferson / Joseph Dr)

2.        Site Plan No. 245 – Bennett Commercial Plaza (SW corner Jefferson / Wackerly)

 

      ZONING BOARD OF APPEALS

 

October 19th

No Meeting

 

11.  Adjourn

Adjournment at approximately 8:43 PM was moved by Wieland, seconded by Svenson and

unanimously approved.

Respectfully submitted,

 

 

Jon Lynch, AICP

Planning Commission Secretary

 

MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION