APPROVED MINUTES OF THE MEETING OF THE PLANNING COMMISSION,

WHICH TOOK PLACE ON TUESDAY, JANUARY 25, 2005, 7:00 P.M.,

COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN

 

1.   Roll Call

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

ABSENT:     Kanuch, Kozakiewicz, 1 vacancy

OTHERS PRESENT:  Daryl Poprave, City Planner; and 2 others.

2.   Approval of Minutes

Regular Meeting of January 11, 2005.

It was moved and supported to approve the minutes of January 11th.  The minutes were unanimously approved. 

 

3.   Public Hearings

     

      None

     

4.   Public Comments (not related to agenda items)

 

      None

 

5.   Old Business

 

Discussion of Subdivision Ordinance Update Process.

 

Commissioner Senesac talked about the list of members for the Subdivision Ordinance Review Committee that Dan Kozakiewicz, Jon Lynch and Ray Senesac came up with when they met.  Representing the architects they are recommending Fred Dice, developers – John Rapanos; engineer – Rich Fosgitt; Midland Area Home Builders Association – Greg Weckesser; they have two citizens that have asked to be on the group – Greg Lamkin and Amy Waier.  From the Planning Commission – Dan Kozakiewicz and Bill Eyre, and they have one open spot for another commissioner if someone would like to volunteer for that. 

 

Roger Mead suggested Rod Wieland would be a good candidate.  He has had some practical experience just recently.  Rod accepted the position.  They are going to invite one of the City Councilmen to participate. 

 

It was moved by Mead and seconded by Svenson to accept the list of proposed members for the Subdivision Ordinance Review Committee and extend an invitation to the City Council to appoint or select a member.

 

The vote proceeded as follows:

 


YEA:          Baker, Eyre, Mead, Senesac, Svenson and Wieland

NAY:          None

ABSENT:   Kanuch, Kozakiewicz, 1 vacancy

 

Motion passes unanimously.

 

6.  New Business

Discussion of Zoning Ordinance Implementation

a.     Code of Ordinances Updates

 

Daryl Poprave reported on the Code of Ordinances Updates.  He is recommending two Code of Ordinance updates.  The first one is Chapter 16-35 Regulation of hours of businesses in the Business A zoning district because that district no longer exists.  They are changing that to the Neighborhood Commercial district.  He read how they would like it to read “no business establishment of any kind is permitted to operate in a Neighborhood Commercial “NC” District between the hours of 11:00 p.m. and 7:00 a.m. unless otherwise exempt from restrictions on hours of operation by statues or regulations of the State of Michigan”.  The only thing that we changed from your packet information was pursuant to the provisions of the Zoning Ordinance of the City of Midland shall be opened or operate.  That sentence was confusing and so we took it out. 

 

The second provision is Chapter 25-2 Prohibited parking areas.  We have recommended to take out (b).  This has to do with trailer coaches; these are the same things at motor homes or other recreational vehicles.  This language was directly contradictory to the Zoning Ordinance because in the Zoning Ordinance we allow recreational vehicles or those types of vehicles to be parked in a front yard as long as they are on a driveway.  This section says that they can’t be parked in the front yard setback.  So we are recommending that this section be deleted so that it makes it consistent with the Zoning Ordinance.

 

It was moved by Wieland and seconded by Eyre to recommend to City Council the adoption of both of the changes as outlined for the Code of Ordinance updates.

 

The vote proceeded as follows:

 

YEA:                Baker, Eyre, Mead, Senesac, Svenson and Wieland

NAY:                None

ABSENT:         Kanuch, Kozakiewicz, 1 vacancy

 

Motion passes unanimously.

 

 

b.         Petition Review Fees

 

Daryl Poprave gave a report to update Chapters 21-10 and 21-29 of the Code of Ordinances.  Chapter 21 is the section that sets all the fees that the City charges, included in that are the Planning and Zoning fees.  Section 10 was with regard to public property vacation fees.  As you see in the report, we recommended quite a substantial increase from $150 to $400.  When they looked at the user fees that we are charging for Planning and Zoning permits and applications, they looked at the hard costs that it costs the city by way of mailings or notifications to the public to organize and have these petitions before the Planning Commission.  They did not look at staff time.  We do not charge for those fees.  For this fee the sharp increase is due to the fact that we require four public notices for a public property vacation.  Those notices cost the city in a range of $80 a piece.  That brings it to about $320 and you have 300 foot radius requirements if they were doing street, people within 300 feet of that block or so has an additional charge. 

 

They are not proposing to change a lot of the fees because after doing the analysis of those hard costs we have come up with the fact that they are breaking even.  Site Plan Review will remain at $150.  Planned Unit Development will remain at $225. 

 

Zoning Board of Appeals is one that will be going up.  These fees have not been updated or even adjusted for inflation since 1987.  So with the fact with our notification requirements we are losing about between $60 and $75 per Zoning Board of Appeals meeting. 

 

Sign permit is about the only fee on the chart that is not something that comes before the Planning Commission.  That is an actually permit like a building permit because it is included in Section 21-29 as a zoning fee they are updating that permit fee.

 

Commissioner Svenson asked about the User Guide for the Zoning Ordinance.  Daryl stated that they have a Zoning Implementation Guide.  There will not be a charge for that.  That is for citizens more than it is for developers. 

 

Commissioner Mead asked where the costs were for the Zoning Board of Appeals fees.  Everybody within 300 feet gets a notification.  That is ranging between $35 and $40.  There is also a legal notice and a display notice requirement that is almost $100.

 

In looking at tables from other communities you see that they are right in line if not lower than other communities in the area.

 

It was moved by Svenson and seconded by Baker to recommend to City Council approval of the updated user fees.

 

The vote proceeded as follows:

 

YEA:                Baker, Eyre, Mead, Senesac, Svenson and Wieland

NAY:                None

ABSENT:         Kanuch, Kozakiewicz, 1 vacancy

 

Motion passes unanimously.

 

 

7.  Communications

 

     None

 

8.  Report of the Chairman

     

      None

 

9.  Report of the Planning Director

The Director reported on the following matters:

       

CITY COUNCIL                                                                                                                 

 

January 17th Engineering Priorities Meeting

        ACTION ITEMS

§         Receive and file Capital Improvements Program (received and filed)

 

January 24th

                                PUBLIC HEARINGS

§         Right of Way Vacation – Benson Street (approved)

 

ACTION ITEMS

None

 

February 7th

                                PUBLIC HEARINGS

None

 

ACTION ITEMS

None

 

PLANNING COMMISSION

                                                                                                                                                               

February 8th

                                PUBLIC HEARINGS

                                None

 

ACTION ITEMS

§         Review of recently annexed property

 

February 22nd

                                PUBLIC HEARINGS

                                None

 

ACTION ITEMS

§         Set public hearings for zoning of recently annexed property

 

ZONING BOARD OF APPEALS

 

January 18th

§     No. 05-01 – Mickey Sparks for a new front porch encroachment 14’ into the required 25’ front yard setback at 1402 Lincoln Street. (approved)

 

February 15th

None

 

PENDING ADMINISTRATIVE SITE PLAN REVIEWS

 

None

 

DIRECTOR’S NOTES

 

An appointed boards and commissions training session will take place on Saturday, March 12th from 9:00 am to 3:00 pm at the Marriott Ashman Court Hotel.  An agenda for this session will be provided to Commissioners in conjunction with the February 8th meeting packet.

 

10.  Adjourn

Adjournment at approximately 7:29 PM was moved by Wieland, seconded by Eyre and

unanimously approved.

Respectfully submitted,

 

 

Daryl Poprave

City Planner

 

MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION