MINUTES OF THE MEETING OF THE PLANNING COMMISSION,
WHICH TOOK PLACE ON TUESDAY, OCTOBER 12, 2004, 7:00 P.M.,
COUNCIL CHAMBERS, CITY HALL,
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:
October 25th
PUBLIC HEARINGS
1. City of Midland Zoning Ordinance
ACTION
ITEMS
1.
Preliminary Plat Extension – Tri-
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
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)
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