MINUTES OF THE MEETING OF THE PLANNING COMMISSION,
WHICH TOOK PLACE ON TUESDAY, APRIL 11, 2006, 7:00 P.M.,
1. Roll Call
PRESENT: Eyre, Gaynor, Jocks, Kozakiewicz, Mead, Rapanos, Senesac and Svenson
OTHERS PRESENT: Jon Lynch, Assistant City Manager; Daryl Poprave, City Planner; Cheri Standfest, Community Development Specialist and 5 others.
2. Approval of Minutes
Regular Meeting of
It was moved by Mead and supported by Kozakiewicz to approve the minutes of March 28th. The minutes were unanimously approved.
3. Public Hearing
Site Plan No. 251 – Consideration of a petition initiated by Ledy Design Group,
on behalf of Commercial Net Lease Realty, Inc., to approve a site plan for a Bed
Bath & Beyond retail store on approximately 1.77 acres located at 1118 Joe Mann
Poprave began by showing a location map of the proposed site. The property is located off Joe Mann Drive
and east of Elisenal. It and all the
surrounding property are zoned RC (Regional Commercial). The master plan shows this area as general
commercial on the land use map. To the
north is the Home Depot and to the south is the Midland Mall. This site was master planned as a part of an
original site plan as a part of the 2003 Home Depot site plan. These outlots were identified in the master
plan. This plan looks similar to what
you see today. They are here tonight
because under the old ordinance, developers have two years to complete their
projects. It has been three years since
this was approved. The developer was not
able to bring this company to this location until the present time. They are required to resubmit for site plan
review. No photometric grid was received
at this time but the applicant has stated these will be forthcoming. The entrance and exit drives were pre-planned
when Best Buy was built. These access
drives were installed when the original site was developed. The landscaping exceeds our
requirements. The old ordinance did not
require landscaping. It complies with
the remaining regulations. This property
is located over 300 feet off
There currently exist 99 parking spaces on this plan. We have currently received an amended drawing; they have reduced the parking to 81 spaces. Article one of the zoning ordinance requires no more than 55 spaces for development of this size. A 20 percent increase would be about 65 parking spaces. They would need a variance from the Planning Commission to have their desired 81 spaces.
The storm water runoff has been provided by the existing storm water retention system when Home Depot and Best Buy were developed. There will be restrictors to ensure only a certain amount of runoff goes into those drains. There is sufficient capacity for public services. The dumpster is screened in accordance with the ordinance. There are no health or safety concerns. There are no reviewable signs. We have not seen the signage planned for this site. Public Services stated there is adequate space for Dial-a-Ride to drop off passengers. Fire Dept. wanted to make sure no vegetative growth was within three feet of a fire hydrant. Barrier free parking must be in accordance with the zoning ordinance. There are six contingencies noted in the staff report.
Evanson is with Commercial Net Lease Realties.
Her address is 10260
There is a
need to increase the right-of-way for
Mr. Gaynor asked if this is how they would arrange the parking for perhaps a strip mall. Cathy stated that if each store had their own area, they would be entitled to parking according to the size of their development. Ms. Svenson asked when the peak times would occur. Ms. Evanson stated peak times would be from November through January. The current plan does not meet their standard of five per 1,000 sq. ft. of display space. They did show an on-site sign for the property but they did state on the plan that it will meet the requirements of the city’s zoning ordinance.
No one spoke in favor of or in opposition to this petition. The public hearing was closed.
Zoning Petition No. 530 – Consideration of a petition initiated by John Rapanos to
approximately 10 acres located at
zoning to Residential B zoning.
Mr. Steve Rapanos requested to abstain from these proceedings as the petitioner is his father. Mr. Mead moved to allow Commissioner Rapanos to abstain. Mr. Jocks seconded. Motion passed unanimously.
presented Zoning Petition No. 530. It is
roughly 10 acres in land area. It is
situated just north of
Mr. Lynch showed an aerial photograph showing the location of this property and surrounding area. All the area surrounding this property is owned by the City of Midland. It was all purchased to provide for landfill operations or a buffer from landfill operations. There are areas owned by other property owners in this general vicinity, but they are on the fringes of this area. Staff recommends that the request not be approved noting that it is not consistent with the master plan goals and that there have been no major changes in this area warranting a change in the land use.
The landfill has many more years of use. It is not ready to be capped off and converted to another use.
Mr. John Rapanos, 925 E. Wheeler Street, Midland. He stated they had an inquiry of an industrial use for that property. If the future landfill property will become a city park, you would not want a future industrial use for this area. The other options are residential, industrial or it should be incorporated into the landfill development and thus, into the future park.
No one spoke in favor of or in opposition to this request. The public hearing was closed.
4. Public Comments (not related to agenda items)
5. Old Business
6. New Business
8. Report of the Chairman - Thursday will be a training session on conditional zoning. This will be the first viewing of the Commission on this ordinance. May 4th we have our next work session on the master plan. “Existing conditions” will be discussed. “Meetings in a box” have pretty well been wrapped up. There is only one outstanding. May 17th and 18th will be meetings at the Holiday Inn regarding other input on the master plan.
There is still one position open on the Planning Commission. If anyone would like to apply, please contact the City Manager’s Office.
9. Report of the Planning Director
§ Zoning Petition No. 528 – Set public hearing for consideration of a petition initiated by Michael Rapanos to rezone approximately 11 acres located at 4124 Waldo Avenue from Residential A-4 zoning to Residential B zoning. (Public Hearing May 8th)
§ Site Plan No. 251 – Consideration of a petition initiated by Ledy Design Group for approval of a site plan including a Bed, Bath 7 Beyond retail store on 1.77 acres located at 1118 Joe Mann Boulevard.
§ Zoning Petition No. 530 – Consideration of a petition initiated by John Rapanos to rezone approximately 10 acres located at 4203 East Ashman Street from Industrial zoning to Residential B zoning.
Review of Existing Conditions
No. 06-03 – James Dubiel for two area/dimension variances to permit the expansion of an existing detached garage over the maximum allowed square footage and into the required front yard area at 1428 Bitler Street.
§ Thursday, April 13 session on Conditional Rezoning (6:30 PM)
§ Next Master Plan meeting is May 4th.
Adjournment at 7:50 p.m. was unanimously approved.
Assistant City Manager
MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION