MINUTES OF THE MEETING OF THE PLANNING COMMISSION,
WHICH TOOK PLACE ON TUESDAY, JANUARY 10, 2006, 7:00 P.M.,
COUNCIL CHAMBERS, CITY HALL,
1. Roll Call
PRESENT: Eyre,
Gaynor, Jocks, Mead, Rapanos, Senesac and Svenson
ABSENT: Kozakiewicz
OTHERS PRESENT: Jon Lynch, Assistant City Manager;
Daryl Poprave, City Planner; Cheri Standfest, Community Development Specialist
and 24 others.
2. Approval of Minutes
Regular Meeting of
It was moved by Mead and supported by Svenson to approve the minutes of
December 13th. The minutes were unanimously approved.
3.
Public
Hearing
A. Zoning Petition No. 527 – Consideration
of a petition initiated by the
to rezone
approximately 30 acres at 4600 Bay City Road, west of Rockwell Drive, from
Agricultural
zoning to Community zoning.
The
Chairman reviewed the procedures for presenting at the public hearing. Mr. Lynch
showed a
location map of the subject site. There
is Bay City Road to the north, Rockwell
Drive to
the east and Fisher Road to the south and east.
The aerial photo shows
undeveloped
land. There is an existing mobile home
off to the east of the subject
site. To the north is the municipal ice arena, which
has recently been built. The subject
property is
currently zoned Agricultural. The zoning
map displayed the surrounding
zoning
classifications. The Agricultural zoning
district is designated for agricultural
uses and to
retain a more rural-type of development.
It is essentially a holding
zone. The proposal is to rezone this property to
the community classification. It is
the
intention of the County of Midland to construct a jail on this site, under a
conditional-use
permit. However, the issue is zoning –
not the construction
of a
jail. The Planning Commission should
determine if this request would be
consistent
with the master plan. In determining
whether or not conditions have
changed, we
must keep in mind that nearby land has recently been developed
for the ice
arena. The community district does allow
for public and quasi-public uses.
We have to
keep in mind that our zoning ordinance mandates that this type of facility
be located
in a community zoning district. Applying
community zoning to this parcel,
it would be
very compatible with the agricultural zoning to the west. It would not
be
compatible with the RD zoning district to the east or the industrial zoning to
the
south. Thirty acres would allow for the setback
requirements of this zoning
classification. Ultimately, staff offers an affirmative
recommendation for this zoning
petition.
Water and
sanitary sewer both run along Bay City Road.
Utilities would be very
practical
to bring to this site.
Cindy
Winland was available from Midland County to answer any questions for the
petitioner.
Jim Stamas
– County Commissioner for District 1,
Township. Mr. Stamas requests the Planning Commission
support this request.
Nathan
Lederer, Arlington Manor Mobile Home Park – represents the owners of the
mobile home
park and most of the residents of the community. He thinks he is
against
it. He likes the idea of commercial
businesses coming to this area,
however, he
is concerned about how the residents of his mobile home park will feel.
He is
concerned about additional vacancies in the mobile home park.
Dave Hintz,
324 Willow Street – he is against it. He
does not think we need any
more
property taken off our tax roll. He does
not feel this is the place this use belongs.
He also
feels they do not need the additional traffic in the area.
Carol
LaMott, resident of Arlington Manor. She
has lived there for 20 years. She is
concerned
about the placement of the jail. She
feels the jail should remain downtown.
There are
elderly people and young children in the mobile home park. There is
already
enough traffic on Rockwell Drive.
Betty
Washburn, 4930 Monteray, also a resident of Arlington Manor. She has concerns
about the
environmental issues. Also the location
is Fisher and Rockwell – not Bay City
Road. She does not like the fact that this will be
so close to the mobile home park. She
wonders how
this will affect the water flows and sewer flows from the residences in this
area.
Deanna
Jacobs, lives on Monteray in Arlington Manor.
She states there are small
children
and elderly people in the mobile home park.
With the widening of
and the
full interchange, there is a lot of traffic on Bay City Road now. She is opposed
to the
rezoning.
4. Public Comments (not
related to agenda items)
None
5. Old Business
A. Zoning Petition No. 525 – Consideration
of a petition initiated by Ron Lapham to
rezone
property at 1314 West Wheeler Street from Office Service zoning to
Regional
Commercial zoning.
Mr. Poprave presented a location map of
the proposed site. The site is 2.06
acres. The proposal is for this site to
go from Office Service to Regional Commercial.
It is currently a vacant wooded site.
Directly west of the property is a car wash. Directly east of the property are
residences. The types of uses allowed in
the RC district are restaurants, retail establishments and those types of
uses. Access to this site would have to
be achieved from an alternate route as they would not be allowed a curb cut
onto W. Wheeler Street, by resolution of the City back in 1968. It was a development agreement.
Mr. Rapanos requested information as to
other sites that had been changed from Office Service to Regional Commercial
and how those cases were considered. Mr.
Lynch stated Wolverine Bank is the only one he can think of at this time. This seems to have worked well.
Rich Fosgitt, Bartow & King Engineers,
on behalf of Ron Lapham. Mr. Fosgitt
stated that the access agreement specifically applies to platted lots and this
is not a platted lot. He feels this
issue is not applicable to the rezoning anyway.
Mr. Fosgitt showed an aerial sketch showing where the condominiums are
located. They have drawn setback lines
on the sketch showing where the setbacks would be for office service and where
they would be for regional commercial zoning.
As the zoning currently stands, they could have parking within 10 feet
of the condominium complex. A building
could be built at the lot line in regional commercial zoning, but the parking
would be required to be set further back.
They are proposing to change their petition so that the regional commercial
zoning only goes so far back on the property, or they would request the rear 25
feet of the property be rezoned to Residential B, which would require screening
of the business located in the regional commercial.
Mr. Lynch stated the first scenario could
be accomplished without a new public hearing, as you can always zone less area,
but the second proposal would require a new public hearing. Mr. Fosgitt stated he would like feedback
from the Planning Commission. The zoning
ordinance of the City of Midland does not allow for “contract zoning” so he is
trying to make an agreement for the proposed use. Mr. Lynch described the statutes and the two
planning schools of thought regarding the use of “contract zoning” and some of
the issues surrounding it.
Commissioner Eyre stated that it is not
their job to zone property for a specific use.
It is to establish the appropriate zoning for that parcel of property
and then any use allowed in that zoning district would be permitted. Commissioner Senesac concurred. Mr. Gaynor thinks this parcel of property
would be fine for what they want to use it for, however, it would not be
appropriate for a gas station or some other such use.
Mr. Lynch reminded the planning commission
that it is permissible for them to give feedback, but not to redesign the
request of the petitioner.
Mr. Fosgitt requested the Planning
Commission proceed with the original rezoning request, omitting a buffer of 50
feet from the residential zoning, which would remain in the office service
zoning classification. Parking could
occur in the office service zoning district.
Mr. Lynch stated this remains one parcel, however, there would be a
zoning district boundary running through this parcel.
Mr. Eyre feels this parcel is not
appropriate for regional commercial purposes.
The zoning ordinance states RC should have access to a major or minor
thoroughfare and not next to residential zoning. Mr. Gaynor is in favor of the request. Everything to the west of that is regional
commercial. This is not in the middle of
a residential neighborhood. Pizza Hut
and the car wash already abut the residential property. With the access to the site being limited, he
does not see this property being utilized as office service. Mr. Rapanos is hesitant to change the master
plan to accommodate this. That
particular use on that site would be welcome.
However, rezoning this property is not the way go get there.
Mr. Mead stated he would like to vote for
this, but he thinks there are too many things he is just not sure about. Ms. Svenson stated that she has to focus on
what else could go in this area and where the curb cuts could be. Mr. Jocks stated he also has to be concerned
about what could go in there in the future.
When Mr. Senesac steps back and looks purely at a rezoning, he sees a
list of uses that are far more intense than he would be comfortable having in
there. He does not want to open all of
Wheeler to the full spectrum of uses allowed in the Regional Commercial zoning
district.
It was moved by Mead, and
supported by Gaynor, to recommend approval Zoning Petition No. 525, as amended
to rezone property at 1314 West Wheeler Street from Office Service zoning to
Regional Commercial zoning for that part of the parcel south of a line that is
50 feet from the north property line.
The vote
proceeded as follows:
YEA: Gaynor,
NAY: Eyre, Jocks, Mead, Rapanos,
Svenson & Senesac
ABSENT: Kozakiewicz
B. Zoning Petition No. 526 – Consideration
of a petition initiated by The Dow Chemical
Company –
Michigan Operations to rezone property at East Ellsworth Street and East
Buttles Street east of State
Street from Regional Commercial zoning to Community zoning.
This location is on Buttles Street
and occupies approximately 20 acres of land area. This also involves a street vacation request
on which City Council will be taking action.
The subject site is generally undeveloped. The aerial photograph shows a building that
is not on the site today. The streets
and the parking area do currently exist.
The requested parcel for rezoning is adjacent to a parcel that is
already zoned community.
Mike Rybicki, Wilcox Professional
Services, represents Dow Chemical Company.
He does not have any new information at this point in time. No one addressed the commission with new
information.
Mr. Mead sees nothing negative
about increasing the size of the community district in this location. Mr. Jocks thinks this would be a good use of
the property in this area. The city will
reserve easements in the area of the street vacation. The remainder of the commissioners
agree. Mr. Senesac stated he is
concerned that this is not consistent with the land use plan; however, it is
adjacent to another parcel that is zoned community so it is consistent with
what is already there.
It was moved by Mead, and
supported by Eyre, to recommend approval Zoning Petition No. 526 to rezone
property at East Ellsworth Street and East Buttles Street east of State Street
from Regional Commercial zoning to Community zoning.
The vote
proceeded as follows:
YEA: Eyre, Gaynor, Jocks, Mead,
Rapanos, Svenson and Senesac
NAY: None
ABSENT: Kozakiewicz
C. Zoning Text Amendments – Consideration
of revisions of Zoning Ordinance 1585
initiated by the City
of Midland.
Mr. Poprave
reviewed the proposed revisions to the zoning ordinance that have been
discussed
at length at the previous Planning Commission meeting. The issues
of signs,
administrative site plan review requirements, expanding the use of
non-advertising
murals and the standards for duplex structures that have property
lines
running through the middle of the duplex.
This had not been carried over
into the
new zoning ordinance.
Mr. Mead feels
the sign ordinance chart is extremely confusing, even for those who
are
familiar with it. At the last meeting,
Mr. Gaynor brought up the subject of election
signs. He does not feel the city should be in the
business of regulating the size or
number of
signs for something that is political.
Mr. Rapanos agrees with the ordinance
regarding
the limitation of sign area for election signs as well as other signs. It is a case
of how the
community wants to appear and what is “visual blight”. He feels it is the
responsibility
of the planning commission to regulate that aspect of our community.
It was
moved by Svenson, and supported by Mead, to recommend approval of the
revisions
of Zoning Ordinance 1585.
The vote
proceeded as follows:
YEA: Eyre, Gaynor, Jocks, Mead,
Rapanos, Svenson and Senesac
NAY: None
ABSENT: Kozakiewicz
6. New Business
Mr. Senesac asked the Planning
Commission’s opinion as to whether or not they would like to have a training session
on some Saturday early this year. Ms.
Svenson requested it occur in March so she would be more likely to be able to
attend. The remainder of the
commissioners agreed that these sessions are beneficial and they would like to
pursue this event.
7. Communications
None
8. Report
of the Chairman
None
9. Report of the Planning Director
January 9th
PUBLIC
HEARINGS
None
ACTION
ITEMS
§ 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)
§ Approval of contract with LSL Planning, Inc. for update of the City’s master plan.
January 23rd
PUBLIC
HEARINGS
None
ACTION
ITEMS
Zoning Text Amendment – Set public hearing for consideration of a petition initiated by the City of Midland to amend various articles of the Zoning Ordinance as outlined in a memorandum to the Planning Commission dated December 6, 2005. (hearing 2/13)
January 24th
PUBLIC
HEARINGS
None
ACTION
ITEMS
§ Rezoning, Zoning Petition No. 527 – Consideration of a petition initiated by Midland County to rezone approximately 30 acres located at 4600 Bay City Road from Agriculture to Community zoning.
§ Review projected socio-economic data related to transportation demand model being developed by the Michigan Department of Transportation.
February 14th
PUBLIC
HEARINGS
None
ACTION
ITEMS
None
January 17th
§ No. 06-01 – Keith Wirth on behalf of Amish Reflections for an area/dimension variance to build into existing setback for first floor entrance and build up with second floor addition at 503 South Saginaw Road.
§ No. 06-02 – Lawrence Hale for an area/dimension variance for a parking lot expansion into side yard setback at 3106 Swede Avenue.
None
The City Attorney has
informed me that ordinance language regulating the hours of operation in the
Neighborhood Commercial zones does not require modification to be enforceable.
Vacancies on
Planning Commission and Zoning Board of Appeals (alternate).
10. Adjourn
Adjournment at approximately 8:45 PM and unanimously approved.
Respectfully submitted,
Jon Lynch
Assistant City
MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION