MINUTES OF THE MEETING OF THE PLANNING COMMISSION,
WHICH TOOK PLACE ON
1. Roll Call
PRESENT: Eyre, Gaynor, Jocks, Kozakiewicz, Mead, Rapanos, and Svenson
OTHERS PRESENT: Jon Lynch, Assistant City
2. Approval of Minutes
Regular Meeting of
It was moved by Eyre and supported by Mead to approve the minutes of November 8th. The minutes were unanimously approved.
3. Public Hearings
A. Zoning Petition No. 525 – Consideration of a petition initiated by Ron Lapham to rezone
Poprave presented an aerial photo with a zoning overlay on it. It is north of
This lot is of a sufficient size that would allow adequate setbacks if a business were to be built on this lot. They did not have a site plan before them, so it was difficult to determine where ingress and egress will take place. This is an issue that will have to be addressed when a site plan is presented for this parcel. However, they need to consider the differences in the amounts of traffic that will be generated by the range of uses in the zoning classification that is being requested.
Staff recommends denial of this request because the request is not consistent with the city‘s master plan nor the city’s land use plan.
Mike Lapham –
Mr. Kozakiewicz asked what was meant by seasonal. Mr. Lapham stated they are busy beginning around Mother’s Day, for about the following 90 days.
Mr. Eyre stated he believed they had a business out M-20. Do you plan to continue your business out there? Mr. Lapham stated that they grow a lot of their plants locally. It is nice to be able to purchase locally grown plants and they have a faster turn-around time for their customers.
Mr. Mead asked if they plan to have a permanent structure that would be heated. Mr. Lapham stated that they were. They would like to build a permanent structure where people could come in and shop. The rezoning request is their first step down this road.
Ron Lapham stated he is the third generation in the family business. He wants to see his kids run the business as a fourth generation of the family business. They all have other jobs so they do this to bond as a family.
Fosgitt, with Bartow & King Engineers of
Gerald Tucker said that he owns the 2 parcels of property to the east of the proposed rezoning. The property to be rezoned is 240 feet deep. They have owned that property for 70+ years. He was there 40 years ago when they tried to put a K-Mart in his back yard. He is for the rezoning. The field has been there 70+ years and there has never been anything else in there. He would also like his property considered for rezoning to regional commercial.
Ruth Kilmaster, from Sylvan Pines, she lives in a building that backs up to this property. She asked Mr. Lapham how the access would be to the property. Mr. Lapham stated it would be a right turn in and a right turn out. She has to travel that piece every time she wants to go anywhere. Everyone in town travels through that traffic light. Except for Ware Smith, which is a very quiet business, this area is all residential. She is objecting to this more intensive use.
Ron Lapham stated that they have two different ideas for the
building. One would be a country type of
sales center. The other idea would be a
greenhouse structure. Currently their
addressed the appearance of the structure for this location. When the
Rapanos asked if there were precedents in the city where there have been rezonings of regional commercial next to residential
districts. Mr. Lynch could not recall
any specific examples. The closest thing
would be the new Wolverine Bank that was developed out
Huffman stated that Mrs. Lapham owned that property
where their business formerly existed, but
B. Zoning Petition No. 526 – Consideration of a petition initiated by the Dow Chemical
Michigan Operations to rezone property at
showed a site location map, indicating the property is along
The proposal tonight is to rezone this property to the Community zoning district. Presently, it is adjacent to heavy industrial, light industrial, community, office service district, and just down the street from the downtown district. The petitioner has indicated that the proposed use is permitted by right in this zoning classification. Assuming this, the use will comply with the intent of the zoning ordinance. The property owner has indicated that the property will not be used for industrial purposes. He does not envision industrial or commercial activity at the subject site. The petition does not comply with the future land use map. The cross hatched pattern indicates this property is highlighted for future industrial activities. The subject site is of such a size that applicable setbacks could be met for the development of this site.
Carol Svenson asked if there was a building in this area. Mr. Lynch stated that the building shown on the aerial map has been removed.
Mike Ribiki – Professional Services – Representing Dow Chemical Company. He does confer with what they presented. Mr. Gaynor asked what they are planning to do with this property. Mr. Ribiki stated Dow has no specific plans for this property at this time.
No one spoke in favor of or in opposition to this petition.
C. Zoning Text Amendments – Consideration of revisions of Zoning Ordinance 1585
initiated by the City of
Poprave stated the new zoning ordinance became effective on
Major Revisions include the following:
Section 3.01(f) – Division and Consolidation of Land:
Text added to permit the division of a duplex (2-unit) dwelling and it’s lot
Table 8.1 – garage sale signs – 6 sq. ft.
Table 8.1(i) – election signs size limited to 32 sq. ft. in residential districts
Table 8.2 – Wall and ground signs in AG and RA zones limited to 12 sq. ft.
Table 8.2 – More than one wall sign permitted in non-residential districts
Footnotes to Table 8.2 – Reorganized according to type of signage (i.e. ground, wall,
Murals – permitted in all non-residential districts
Murals – maximum area determined by wall sign requirements
Examples of murals to combat blight
Sandwich board signs permitted in the Circle and Downtown Districts, up to
16 sq. ft. in size.
Section 27.02(A) – Site Plan Required
Minimum size trigger reduced from 10,000 sq. ft. to 7,500 sq. ft. building
addition gross area.
Additional or new curb cuts requires site plan review
Commercial, office or industrial construction or additions of 1,000 sq. ft. or
more directly adjacent to a single family residential district (RA1-RA-3)
will require site plan review.
Minor Revisions include the following:
Section 2.03 – New freestanding canopy sign definition
Section 5.01(E) – Commercial vehicle parking limited to 48 “consecutive” hours in
Section 5.01(F) – Recreational vehicle parking for multiple family developments
permitted on “improved surfaces” only.
Section 7.03(B) – Walls in residential districts
Obscuring walls and fences may be located in the required front
yard setback if they do not exceed 3-1/2 feet in height.
Section 9.03(4) – Cul-de-sac length for residential developments can be lengthened
from 700 ft. to 1,000 feet if:
No parking permitted within cul-de-sac turn around
Several sections of the Zoning Ordinance incorrectly list BB-1, BB-2, and BA
as Commercial Districts
These District names will be changed to CC (formerly BB-1), RC (formerly BC), etc.
a recommendation to City Council on
Richard Fosgitt spoke in general about the issues regarding site plan review. Many developers come to him regarding how quickly they can get their project underway. Regardless of where you set the site plan for review, please try to act on the site plan the night of the public hearing when it is a straight forward site plan. This would help immensely. He is in favor of having new developments adjacent to residential properties come up for public hearing as this allows public input.
4. Public Comments (not related to agenda items)
5. Old Business
6. New Business
A. Vacation of Public Property – Consideration of a petition initiated by the
Dow Chemical Company – Michigan Operations to vacate the following public streets:
East Ellsworth Street from State Street to Haley Street; Haley Street and Mill Street from East Ellsworth Street to Buttles Street.
This includes roughly a two block section of downtown. This is related to Zoning petition No. 526. It falls within the regional commercial zoning classification. The automobile dealership and printing establishment are located to the north. Dow Chemical has an interest to make an investment in this section of the city. There currently is minimal use of the streets. The operating departments of the city have found no reason that these streets need to be preserved. However, there need to be utility easements granted if these streets are to be vacated.
Mr. Mead cannot see any reason why not to vacate the property. Ms. Svenson agrees, as do Mr. Rapanos, Mr. Eyre, and Mr. Jocks.
Mead to recommend vacation of the property from
Plan Update – Review of a work program developed by LSL
Mr. Brad Strader, representing LSL
Motion by Svenson to recommend approval of LSL to update the master plan. Seconded by Eyre. Motion passed unanimously.
8. Report of the Chairman
9. Report of the
LSL Contract Approval (tentative)
§ Street Vacation – Set public hearing for consideration of a petition initiated by Dow Chemical Co; Michigan Operations, to vacate East Ellsworth Street between State Street and Haley Street; vacation of Mill Street between East Ellsworth Street and Buttles Street; vacation of Haley Street between East Ellsworth Street and Buttles Street (February 13)
Zoning Text Amendment – Set public hearing for
consideration of a petition initiated by the City of
Rezoning, Zoning Petition No. 527 –
Consideration of a petition initiated by
Rezoning, Zoning Petition No. 525 –
Consideration of a petition initiated by Ron Lapham
to rezone approximately 1.9 acres located at
Rezoning, Zoning Petition No. 526 –
Consideration of a petition initiated by Dow Chemical Company; Michigan
Operations to rezone approximately 20.44 acres located at
Zoning Text Amendment – Consideration of a
petition initiated by the City of
§ Review projected socio-economic data related to transportation demand model being developed by the Michigan Department of Transportation.
Rezoning, Zoning Petition No. 527 –
Consideration of a petition initiated by
No. 05-21 – Ieuter Insurance
Group for an area/dimension variance to permit multiple sign replacement and
increase the amount of sign area at
No. 05-22 – Sprint
No. 05-23 –
No. 05-24 – Joe Vanderkellen
on behalf of Snow Machines, Inc. for an area/dimension variance to permit
multiple wall signs at
ASP No. 20 –
Adjournment at approximately and unanimously approved.