MINUTES OF THE MEETING OF THE PLANNING COMMISSION,

WHICH TOOK PLACE ON TUESDAY, MAY 24, 2005, 7:00 P.M.,

COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN

 

1.   Roll Call

PRESENT:  Baker, Eyre, Kanuch, Kozakiewicz, Mead, Plotzke, Senesac, Svenson and Wieland

ABSENT:     None

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

2.   Approval of Minutes

Regular Meeting of May 10, 2005

It was moved by Wieland and supported by Svenson to approve the minutes of May 10th. The minutes were unanimously approved. 

 

3.   Public Hearings

     

      A.   Conditional Use Permit No. 18 – Consideration of a petition initiated by Richard

            Postema, on behalf of Tendercare of Michigan, for a conditional use permit to allow

            construction of a 6,154 s.f. building addition on property at 4900 Hedgewood Drive,

            Tendercare, Midland. [See transcript.]

 

      B.  Site Plan No. 247 – Consideration of a petition initiated by Richard Fosgitt of Bartow &

            King Engineers, on behalf of Midland Building Company, for site plan approval to allow

            construction of a 9 lot industrial site condominium located south of James Savage Road

            and east of Waldo Avenue. [See transcript.]

 

      C.  Preliminary Plat of Rolling Meadows – Consideration of a petition initiated by Bartow &

            King Engineers, on behalf of Prodo Inc., for tentative approval of a preliminary plat

            consisting of 31 residential lots on 12.79 acres located north of Countryside Drive

            and west of Dublin Avenue. [See transcript.]

 

4.   Public Comments (not related to agenda items)

 

      None

 

5.   Old Business

 

      A.  Conditional Use Permit No. 16 – Consideration of a petition initiated by the Richard Connor Riley & Associates, on behalf of Cingular Wireless, for a conditional use permit to allow construction of a 120’ monopole wireless communications facility on property at 305 E Reardon Street, Central Middle School, owned by Midland Public Schools.

 

       The Planning Commission conducted its public hearing on this property two weeks ago.  This is roughly 0.2 of an acre in land area.  The aerial photograph indicates the location of the petition.  You will note that we have the athletic playing field underneath.  You can also see some of the monopoles underneath the area.  The site is clearly beyond the 250 feet from the residence noted at the public hearing.  You see a coverage map provided by the petitioner.  The plan at this location calls for a monopole, which will actually replace a lighting pole that provides illumination on the athletic field. 

 

Steve Frances was there on behalf of Cingular Wireless.  Cingular Wireless is looking to provide its service to the residents of Midland.  At the present time, they have a hole in that coverage in the middle of the city.  What they are doing is providing additional coverage with poles at Central Middle School and Northeast Middle School.  They are looking to provide additional revenue to the school system.  Cingular has agreed to remove the existing light pole and rehang the light on the tower.  The pole itself would be owned and maintained by Cingular Wireless.  Should other carriers come and desire to co-locate, there would be room at the 60’ mark and the 100’ mark.  Any carriers who come after them would lease ground space from the schools, but would locate on their tower. 

 

No one spoke in favor of or in opposition to this request.

 

Mead thinks this is a great partnership between the schools and Cingular Wireless. 

 

Wieland supports Roger’s observation, there does not seem to be much opposition to this arrangement, while we have had significant opposition to other locations in the past.  The community seems generally in support of this arrangement.

 

It was moved by Wieland and seconded by Plotzke to recommend approval for a 120’ monopole on property at 305 E. Reardon Street, Central Middle School.

 

The vote proceeded as follows:

 

YEA:         Baker, Eyre, Kanuch, Kozakiewicz, Mead, Plotzke, Senesac, Svenson and Wieland

NAY:         None

ABSENT: None

 

Motion passes unanimously.

 

B. Conditional Use Permit No. 17 – Consideration of a petition initiated by the Richard Connor Riley & Associates, on behalf of Cingular Wireless, for a conditional use permit to allow construction of a 120’ monopole wireless communications facility on property at 1305 E Sugnet Road, Northeast Middle School, owned by Midland Public Schools.

 

Mr. Lynch began this review with the coverage maps.  You can see poor coverage on the map prior to the implementation of this tower.  Once this tower is in place, the poor coverage disappears.  Cingular Wireless proposes to place a 120 foot tower to the north of the property.  The tower must be pulled back so it is set back 120 feet from the property line.  The monopole in this instance is to appear as a flagpole.  The subject site is roughly 0.2 of an acre in land area.  When you look at the subject site, you can see the two school facilities with the playground.  You can also see the roadway that would provide access to the equipment facility.  The petitioner must provide information so the Fire Department is assured they would have appropriate access to the site that will support a 60,000 lb. vehicle.  We did receive one letter of opposition and two letters in support of this facility. 

 

Svenson state in her drawing, it seems like the baseball fields are quite far from the pole. 

 

Lynch stated that when you look at the aerial photograph, it looks like the pole is out by itself.  However, if it is moved 120 feet from the property line, it will look more or less like it is located in the outfield of the baseball fields. 

 

Mead asked what kind of light is going to be provided.

 

Lynch replied that he wasn’t sure referring to safety lighting.  He believes the “tall structures act” refers to structures over 200 feet.  He is positive it relates to structures over the 120 feet we are dealing with here.  The petitioner did provide information about the up-lighting that would be associated with the flag.  Contingency items are still in effect that were noted in the staff report.

 

Steve Frances, on behalf of Cingular Wireless, is looking to provide wireless coverage to the City of Midland.  They looked at the water tower in Plymouth Park several years ago.  However, this cannot be used for any purpose besides a city park so that was not an option.  They are certainly agreeable to move the tower to the south to meet the 120 foot setback.  The access drive of the parking lot is proposed to have a grid pattern for the drive, which will meet the Fire Department’s requirements.  There is room for co-location at this site as well.  There will be room at the 100-foot and the 90-foot mark on this tower.  With regard to the lighting issue, Cingular will certainly light the flag.  They will provide the initial flag and we will agree to maintain it from time to time.  Everything over 200-feet is subject to the “tall structures” act.  This is not going to be one of those structures.

 

The south portion of the driveway will be a grid pattern.  The northerly portion will be gravel.

 

No one spoke in favor of or in opposition to this request.

 

Eyre has a real problem with the ingress/egress.  They are putting a road that is bisecting two schools, where kids play all the time.  This is right where the pee-wee football team’s play and we are putting a road right along the side of these fields.  You are going to be plowing a gravel roadway right where kids play at Plymouth School.  He has a problem with the roadway.  There are a lot of kids who play out there.  It is roughly 860 feet of roadway and the greater portion of it is gravel. 

 

Jon stated that when Mr. Fillmore spoke, there was concern about members of the public driving up this road.  Mr. Fillmore indicated that if this became a problem they would place a gate at the end of the road.

 

Mr. Frances stated that when he met with the school board, he did not recall any

discussion regarding the use of the road.  We will pay for the road to be built and

maintain that road.

 

Mr. Frances stated that they had originally proposed that the matting proceed from

the parking lot to the tree line.  From there on, it would be gravel road.  He thought Mr.

Fillmore was comfortable with this, as he would have said something if he thought it was

going to be a problem. 

 

Jon Lynch stated that if you go back to the testimony of Mr. Fillmore, on page 6 of your

transcript, Mr. Fillmore states “we believe this to be a safe venture”. 

 

It was moved by Mead and seconded by Svenson to recommend approval with the

contingency that the road be made of the geo-grid system they discussed, along with the

other contingencies outlined in the staff report.

 

Plotzke and Baker had concerns last time about people joy riding down this road.

Mr. Fillmore says on page 7 of the transcript, that, at this time, we do not intend to gate it.  Plotzke would be inclined to add the contingency of having a gate there to prevent access to anyone else who might want to go there.

 

Mead chose not to add this to his motion and Svenson agreed.

 

It was moved by Plotzke and seconded by Kanuch to amend the motion on the floor and

to add another contingency that a gate be added at the entrance to the drive.

 

Vote on the motion to amend the motion: 

 

YEA:         Kanuch and Plotzke

NAY:         Baker, Eyre, Kozakiewicz, Mead, Senesac, Svenson, and Wieland

ABSENT: None

 

The gate is not added to the original motion.  They went back to the original motion.

 

Vote on the original motion:

 

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

NAY:         Plotzke

ABSENT: None

 

Motion passes 8-1.

           

C. Subdivision Ordinance – Consideration of a comprehensive update of the City of Midland Subdivision Control Ordinance, Chapter 23 of the City of Midland Code of Ordinances.

 

 

The Planning Commission selected a committee to work on the Subdivision Ordinance, as proposed by McKenna Associates.  The Planning Commission received the recommendation of the committee.  The Planning Commission held a public hearing and heard no communication from the public on this matter.  Members of the committee unanimously recommended the Planning Commission forward the document to City Council with the recommendation of adoption. 

 

Svenson stated that Lynch said earlier tonight that sidewalks are not required.

 

Lynch stated that when you have a public street, sidewalks are required.  When you have a private street, sidewalks are not required.  The current standards do not require sidewalks on private streets.  The provisions in this new ordinance do require some form of pedestrian circulation.  Access must be provided to all areas of the development regarding pedestrian circulation.

 

No one spoke in favor of or in opposition to this issue.

 

Kozakiewicz is in full support of it.

 

Svenson also would support.  She thinks the committee did a great job.

 

Eyre would also support.  He stated that Jon did a great job in facilitating this issue.

 

Wieland would also support.

 

Mead commends staff and the committee for their efforts and making the job of the Planning Commission easier.

 

It was moved by Svenson and seconded by Wieland to recommend approval.

 

The vote proceeded as follows:

 

YEA:         Baker, Eyre, Kanuch, Kozakiewicz, Mead, Plotzke, Senesac, Svenson and

            Wieland

       NAY:         None

       ABSENT: None

 

Motion passes unanimously.

 

6.  New Business

     None

7.  Communications

 

     Members received recent edition of Michigan Planner.

 


8.  Report of the Chairman

     They will appoint a nominating committee for officers at the next meeting.

 

9.  Report of the Planning Director

 

CITY COUNCIL                                                                                                                

 

May 23rd

                                PUBLIC HEARINGS

Conditional Use Permit No. 15 – 425 Waldo Avenue for parking lot (action tabled)

 

                                ACTION ITEMS

 

June 13th  

                                PUBLIC HEARINGS

§         Vacation of Public Property – East Ellsworth street from Haley Street to third Street and Lyon Street from East Ellsworth Street to Buttles Street

§         Zoning Petition No. 519 – 31 Cheryl Drive to Residential A-1

§         Zoning Petition No. 521 – W. Wackerly at Northgate Dr. to Community Commercial

 

                                ACTION ITEMS

§         Conditional Use Permit No. 15 – 425 Waldo Avenue for parking lot (action tabled from 5-23)

§         Set public hearing; Conditional Use Permit No. 16 – 305 E. Reardon St; Cingular Wireless (6-27)

§         Set public hearing; Conditional Use Permit No. 17 – 1305 E. Sugnet Rd; Cingular Wireless (6-27)

§         Set public hearing; Proposed Subdivision Control Ordinance (6-27)

 

PLANNING COMMISSION

               

June 14th

                                PUBLIC HEARINGS

§         Conditional Use Permit No. 19 – 1730 N Saginaw Rd; iPCS antenna collocation

 

ACTION ITEMS

§         Site Plan No. 247 – James Savage Rd E of Waldo Rd; Industrial Site Condominium, 9 Lots

§         Conditional Use Permit No. 18 – 4900 Hedgewood Dr; 6,154 s.f. addition to Tendercare

§         Preliminary Plat of Rolling Meadows – N of Countryside Dr and W of Dublin Ave; 31 Lots

 

June 28th

                                PUBLIC HEARINGS

§         Conditional Use Permit No. 19 – 1730 N Saginaw Rd; iPCS antenna collocation

 

                                ACTION ITEMS

 

ZONING BOARD OF APPEALS

 

June 21st

Petition No. 05-03 - Reinstated

 

A use variance, requested by Janet Ringle-Bartels of 301 Townsend, to permit the continuance and reconstruction of a nonconforming residential dwelling in the D – Downtown zoning district if the structure was destroyed by natural or manmade disaster.

 

This variance was tabled so that the ZBA could seek of the advice of the City Attorney’s Office on information that was gathered during the public hearing.

       

PENDING ADMINISTRATIVE SITE PLAN REVIEWS

 

 

DIRECTOR’S NOTES

 

The Circle Area Business Association will be submitting a petition requesting that the circle district be designated a principal shopping area in the master plan.

 

10.  Adjourn

Adjournment at approximately 9:17 PM and unanimously approved.

Respectfully submitted,

 

 

 

Jon Lynch, AICP

Assistant City Manager

 

MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION