MINUTES OF THE MEETING OF THE PLANNING COMMISSION,
WHICH TOOK PLACE ON TUESDAY, MAY 24, 2005, 7:00 P.M.,
COUNCIL CHAMBERS, CITY HALL,
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
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
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
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
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)
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
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.
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
MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION