MINUTES OF THE MEETING OF THE MIDLAND CITY PLANNING COMMISSION,
WHICH TOOK PLACE ON TUESDAY,
NOVEMBER 14, 2006, 7:00 P.M.,
COUNCIL CHAMBERS, CITY HALL,
1. Roll
Call
PRESENT: Brown,
Eyre, Gaynor, Hanna, Jocks, Mead, Senesac and Svenson
ABSENT: Kozakiewicz
OTHERS PRESENT: Daryl Poprave, Acting Director of
Planning & Community Development; Debbie Marquardt, Technical Secretary and
20 others.
2. Approval of Minutes
Regular Meeting of October 10, 2006.
It was moved by Senesac and supported by Eyre to approve the minutes of
October 10th. The minutes were
unanimously approved.
3.
Public
Hearing
a. Zoning
Petition No. 535 – Consideration of a petition initiated by the Planning
Commission to zone property at 7304 Jefferson Avenue from township zoning to
RA-1 Residential.
Daryl Poprave identified the property as
being east of Jefferson and south of Julie Ann and annexed in 2005. To assign the city zoning classification was
initiated by the City of Midland. At the
October 10th meeting the Planning Commission received a report and
recommendation to zone the property Residential A-1, which was formally zoned
township. The future land use map shows
low density residential. To the south it
is zoned Residential A-1.
Bill Waterman, owner of property. They are fine with the single family
residential zoning. They are moving
ahead with the project. Their plan for
the parcel is to become three parcels.
This parcel is not part of the Julie Ann subdivision. There is a deed restriction and they will be
able to meet the restrictions and they are doing site condominiums.
No one to speak in favor or opposition of
this petition.
b. Zoning Petition No. 536 – Consideration
of a petition initiated by the Planning Commission to zone property located at
6715 and 6719 Herbert Road from township zoning to RA-3 Residential.
Daryl
showed the site on the south side of Herbert Road containing a house and a
vacant lot. The zoning map shows the
parcels adjacent are zoned regional commercial.
The master plan also shows general commercial on the south of Herbert
Road. The north side of Herbert Road
shows single family residential. The
house is already there and is non conforming according to Homer Township zoning
and it would be best to assign a residential zoning to take aware the
nonconformity.
Mike Dennett, 6715 Herbert,
has lived there for 12 years. He is in
favor of the zoning.
No one spoke in favor or opposition of the
petition.
c. Zoning Petition No. 537 – Consideration
of a petition initiated by the Planning Commission to zone property located at
6500 and 6501 Airport Road from township zoning to Industrial A.
Daryl
Poprave gave an overview of petition No. 537 and stated that now it is up to
the city to assign a zoning classification.
He showed the residential properties close to the subject property and
across the street. The zoning map shows
this property adjacent to single family residential. Properties to the east are still in Lincoln
Township. The master plan lists this
future land use as light industrial.
Arthur J.
Fisher, Fisher Contracting, 615 Jefferson, 3320 Bullock Creek Drive. He has no plans for this property but has
been paying taxes on it for 50 years.
The city recommended Industrial zoning; the property owner did not
request that zoning. They are going to
bring water up Stark Road and would like to get more owners to annex. They have received requests to buy property
for light industrial use. The City of
Midland needs this type of zoning. There
is a shortage of this type of zoning and this would be an advantage to use that
interchange for that purpose.
Kathy
Fogus, 1797 N Hicks, asked what the intended purpose is for the industrial
activity.
Daryl Poprave
stated that the city cannot ask what they are going to do with the property so
it is anything that goes into Industrial A zoning. Once it is zoned they would have to submit a
site plan. Property owners can
voluntarily state the use and if they put that in writing they can take that
into consideration. The township, city,
villages and counties cannot demand the use; they would be in violation of
state law.
Johanna
Jozwiak, 1925 Stark Road, questioned that the first few properties in the
public hearings were zoned commercial and the city chose to make it
residential. All the property around
this is residential so why is there being a move to change this to industrial
while it exists residential. Does the
city not take into account existing zoning?
Why are they moving to commercial when all around this is
residential?
Elizabeth
Jackson, 1695 Stark Road, asked what the process is from here.
Carol
Svenson explained the process of the public hearing and the deliberations.
Kathy
Fogus, 1797 N. Hicks Road wanted an explanation on what was annexed into the
city when the Airport Road went through.
Daryl Poprave explained
the process of annexation.
Kathy Fogus asked about
the MUGA district.
Daryl
Poprave said the MUGA was started in 1969.
Sheila
Messler lives in Lincoln Township, 2049 N Dublin, Vice Chair of the Planning
Commission of Lincoln Township. She is
in favor of this light industrial zoning.
There are no subdivisions in this area.
It is suited for light industrial.
June
Shafer, 1765 N Hicks, stated that she is a past employee of Mr. Fisher. People are afraid of him putting in a mobile
home park, which requires a very high density residential area. Alpine Mobile Home Park on Sturgeon Road is
enlarging. Why would he want to put
another one in on Stark Road? She has
known the gentleman for the past four years; he seems straight up and
honest. The MUGA area did change when
the city conveniences, .water and natural gas came through. She is for the zoning as long as the light
industrial zoning for a city zoning shoots down the idea of high density
residential. There shouldn’t be much of
a problem.
Kathleen
Caldecourt Kemp, 1900 N. Stark Road, her and her dad owns 40 acres of
property. She opposes the rezoning to
Industrial A. It affects her and her
father and they are concerned about the noise.
She speaks for herself and a lot of neighbors that live on the west side
of Fisher property. She is concerned
that if it is zoned Industrial A, that Mr. Fisher is going to put his sand and
gravel company there. Light industrial
would create external nuisances, noise, vibration, dirt and odor. She went and observed Mr. Fisher’s Sand and
Gravel property and it concerns her to live around that. She talked to a resident and the dust and
dirt is terrible. Turning this into
Industrial A is in the master plan but what about the residents and the people
who live there. The people were not
considered. They don’t want Industrial
A. They would like it to stay
residential agricultural. One of her
concerns is on the north border of Mr. Fisher’s property, when they cleared the
land; they pushed a lot of debris back into her dad’s property. She called Mr. Fisher and it has not been
removed yet. This concerns her and is
this what they should expect from Mr. Fisher.
Please take into consideration the residences and the property owners
around Mr. Fishers. Have compassion and
please do not turn this into Industrial A.
Ray Mac
Neil, Attorney from Gaylord on behalf of Carl and Joyce Link. The Link’s did not want the road to go
through their property; they wanted to build a home. Under eminent domain by law they were going
to get the property. He was so
frustrated that he had a heart attack.
There are some feelings here.
They are concerned about what is going to happen out there. Everybody else was saying look that is
valuable property and it is going to be developed. Kathy Kemp went over to Mr. Fisher’s operation
and they are terrified that will be moved out there. The property is going to be reduced in value
by 50% if you have that type of business out there. Under Industrial A zoning there are some
things that could cause problems. Could
you go into commercial zoning just like you have east of there? The people would not be so concerned about
that zoning classification. This is
basically a rural area, farm land and trees.
The property was all under water last spring. The property has been cleared and there are
huge ditches. The concerns are for what
is going to go in there.
Kathy
Fogus, 1797 N Hicks Road, she would like to have a letter submitted. She is in Lincoln Township but she is no
longer in the MUGA area. She strongly
requests that the City of Midland does not turn that property into an
industrial park and she has lived there her entire live.
Luther
Devericks, 1708 and 1712 Stark Road, he has owned his property over 30
years. He was raised in Midland. He used to live by Fisher Sand and Gravel. If you rezone this, how does this stop a road
from going through for the trucks? He is
against it.
William
Johnson, 1708 Stark Road, stated that somebody comes in with more money and
they just take over. In a couple of
years they could come in and take your land.
They have more freedom over in Iraq.
Marion
Case, 1807 Hicks Road, she has 32 acres 28 plowed acres that butt up to Mr.
Fisher’s property. She is opposed to
having industrial and it will reduce her acreage because no body will want to
put a subdivision near industrial. She
is opposed to it.
Al
Caldicourt, 3132 North Five Mile Road, is the son of the owner of the 40 acres
that Kathy Kemp referred to. His concern
is being in an industrial area because the part up to the north will be where
you keep the equipment.
Elizabeth
Jackson, Stark Road, stated that if you can’t say what is going into that area
then you have to think of the worse case scenario. She is opposed to it.
Mr. Fisher
stated that a number of people are concerned that Fisher Sand and Gravel will
relocate and they have no desire for any of this property. It is his envision that this will be an
office warehouse type of property.
Ray Mac
Neil, Attorney, asked that with what Mr. Fisher wants in there could that not
fit into commercial?
Elizabeth
Jackson, asked if there are there two requests?
No just one.
Sheila
Messler stated that the peoples concern is due to a facility located north at
Janet Sand and Gravel. That facility
failed to do a buffer. The people on
Hicks Road put up with a lot of stuff.
That is where they are coming from.
There are some other businesses in their area. She stated that keep in mind that is where
this opposition comes from.
b. Zoning Petition No. 538 – Consideration
of a petition initiated by the Planning Commission to zone public right of way
identified as the Airport Road Extension from township zoning to Industrial A.
Daryl
Poprave stated that this is a unique property and goes from Hicks Road to Stark
Road. A common practice with interior
streets is that they not be zoned but the reason in this issuance is that this
is still in the township and if people annex in we want them to be consist with
the zoning. He would note from the
public hearing that the Planning Commission would want to be zoned the same as
the adjacent property. The city does not
force annexation. The other reason to
zone the road is the fact that outside of the actual road pavement there is a
right of way and there are issues of excess that might be sold to an adjacent
property owner.
Ray
Senesac asked if the rezoning goes all the way to Stark Road and it does.
Gayle
Hanna asked if the road was zoned Industrial would that set a precedent that
newly annexed property would be zoned Industrial?
June
Shafer, 1765 N Hicks Road, asked if the zoning was for the land south of the
new Airport Road or is it the road itself.
She asked if Mr. Fisher and Mr. Link own the property surrounding it.
No one
spoke in favor or opposition.
c. Zoning Petition No. 539 – Consideration
of a petition initiated by the Planning Commission to zone property located at
730 Oakbrook Drive from township zoning to RA-1 Residential.
Daryl
Poprave stated that this is a piece of property at the end of Oakbrook Drive
cul de sac. The properties at the end
are in the city limits and the properties west are in Larkin Township. Broadhead Estates to the north is in the city
limits. This property exists as a single
family home. Residential A-1 is to the
north and east of this property. RA-4 is
to the south in an apartment complex.
The house already exists they simply wanted water.
Roger Mead
asked why there is an island of township.
Daryl
Poprave stated that the city does not force annexation. It has to come voluntarily from the property
owners. If the State of Michigan
Boundary Commission ever reviews this, this is in violation and they could
force people to annex in. We are just
one of thousands in this situation.
Gayle
Hanna asked if this creates a situation for fire. The city comes in and goes out past township
property.
Carol asked
why someone would not want to annex.
Daryl
Poprave said that the water would have to be paid by the property owner when
they annex. Mr. Fisher had to prepay
several thousands of dollars to get the water to his property. You can’t build a commercial or industrial
property without fire hydrants.
No one
spoke in favor or opposition.
f. Zoning
Petition No. 540 – Consideration of a petition initiated by Todd Bennett
on behalf of Bennett Construction to rezone property at 221 West Wackerly
Street, north and east of Northgate Drive from Office Service to Community
Commercial.
Daryl Poprave stated that this property is
seeking to have a new zoning classification.
This property is 2.4 acres of land and located at the west side of their
proposed development. This is the third
time this property comes before the Planning Commission. A strip mall development is at this
location. Part of this property
currently exists in community commercial zoning. This is a rezoning process per Article 30 of
the City Zoning Ordinance. Several
criteria have to be followed.
Zoning petition 500 did not include the
triangle initiated in May 2003 and that was before our new zoning ordinance
took effect. The zoning names are
different but the intent is the same.
The Planning Commission voted one in favor and seven opposed. City Council denied the request 2 to 3. April 2005 was the proposal that did not
include the triangle and that was to rezone office service to community
commercial. The Planning Commission
recommended it 4 to 3 to approve and City Council denied the petition 2 to
3. The intent of office service supports
retail services. The types of uses are
banks, medical and dental.
The Community Commercial district offers a
broader range of variety. Special
consideration is taken into account.
Types of uses are automobile filling station, convenience stores, restaurants,
and fast food.
Is this proposed chance consistent with
the master plan, no? There is currently
a zoning classification that isn’t consistent with the master plan but it does
allow commercial zoning.
Is this is accordance with the Zoning
Ordinance? Yes.
Have conditions changed since the adoption
of the Zoning Ordinance? Yes.
Will the change grant special
changes? No.
Will the change establish a
precedent? No.
Is the proposed zoning consistent with the
surrounding land? Yes.
Is the proposed zoning consistent with the
master plan? No.
Could all the requirements be complied
with? Yes.
Is the proposed zoning consistent with the
land development? No.
Staff recommends denial of this request
since it is not consistent with the master plan.
Senesac asked why the triangle needed to
be added to this petition. Is the
detention pond obligated? Could they put
a business back in the pond area?
Sheila Messler, Bennett Construction, she showed an
old aerial map and
where they are coming from with a new request. They are proud of how
the area is developed and with the diversity of
business. The new aerial
shows their commitment and they are retaining
ownership. They are
requesting
this again and you can see what is on the ground and what
they have always intended. They are developing this area for what
tenants are looking for. They received letters in both in favor and in
opposition.
They don’t know who is going to go in
there but what they are leaning to is the Master Plan for guide lines. The new one has a change. She went through a workshop of PPS. One of the criteria is to make destination
sites. Once they are there they do
multiple visits. MCVI is considering
expansion. Office Service is all over
this town and sitting vacant. That
corner should be commercial. There already
is a buffer in place.
They are trying to blend the area and make
each unit a little different. That way
you can do multiple activities without driving.
They want to develop the rest of the property and provide a pedestrian
walk way. Take a look and see what is on
the ground. It is exactly what they said
was going to happen.
Ray Senesac asked why they included the
triangle.
Sheila Messler stated that it is a
detention pond. It was part of the
parcel and there is room to negotiate as part of the triangle. If they expand, that could still be a parking
lot and be office service.
Ray Senesac state he was here for the
other two requests. Daryl’s report
states that in 2003 there was 2.7 acres they tried to rezone. Now there is 2.4.
Sheila Messler stated that when they
started building it with their hope to have units either office service or a
small retail shop.
Ray Senesac state there really was no
problem getting office service.
Sheila Messler said no.
Gayle Hanna asked if she approached the
adjacent buildings with this proposal.
Sheila Messler stated that unfortunately
they have not. They would certainly be
interested in that. She understands the
concerns of the medical buildings. It is
commercial. They can widen the parking
lot out now. They would like to do
something more than make a straight line with it. They would be willing to have a discussion.
Kim Krantz, Coffee Chaos, Jefferson,
thinks that office service and retail businesses go hand in hand. You have that buffer set up between
residential. They are still part of the
community and will benefit them as a whole.
Chris Jones, his property is a dental
office. He was the first guy in the
corner to build. Before he built he
looked at the neighborhood. This has
come up a couple of times before and shot down for good reasons. His reasons are selfish as to why he opposes
it. He showed some photos of the back of
surround buildings. He does not want
more commercial going in.
Sheila Messler stated that he did have
some nice landscaping but unfortunately it is the back of the building that he
looks at. That is the set backs. She feels this request fits the need for the
community and they just ask to keep it going.
4. Public Comments (not
related to agenda items)
None
5.
Old
Business
None
6.
New
Business
a.
Conditional
Zoning Map Amendment staff memorandum – Daryl will correct the memo and
send it back out. It has to be brought
up voluntarily by the petitioner. It has
to be in writing. It can happen after the meeting or at City
Council meeting just not after the vote.
If after the public hearing, somebody brings up new information, there
will not be a public hearing. It could
be tabled and have another meeting. There
would not be another public hearing.
b.
When Daryl was showing an aerial of Oakbrook, it gave
Ray Senesac perspective of something he did not get from his site visit. He would like an aerial map included in their
packet.
7. Communications
None
8. Report of the Chairman
None
9. Report
of the Planning Director
October 9th
PUBLIC
HEARINGS
None
ACTION
ITEMS
None
October 23rd
PUBLIC
HEARINGS
None
ACTION
ITEMS
None
November 14th
PUBLIC
HEARINGS
ZP 535, 536, 537, 538, 539, 540
ACTION
ITEMS
None
November 28th
PUBLIC
HEARINGS
Site Plan #254 – A 11,415 sq. ft. medical office building on the MidMichigan Medical Center campus located at 4500 Campus Ridge Dr.
ACTION
ITEMS
ZP 535, 536, 537, 538, 539, 540
December 7th
SPECIAL
MASTER PLAN MEETING
LSL presentation on Transportation and Community Facilities
December
12th
PUBLIC
HEARINGS
None
ACTION
ITEMS
SP 254
Public property vacations
1.
Bay City & Austin from Washington to
2. Buttles south of Third St.
November 21st
Cancelled
None
The next special
meeting on the Master Plan is scheduled for Thursday, December 7, 2006 at 6:00
p.m. in City Council Chambers. Following
this meeting the next Master Plan meeting will be: Thursday, January 4, 2006.
The public can
view the Master Plan Update by accessing the City’s website at www.midland-mi.org and going to the
Master Plan Update link on the homepage.
10. Adjourn
Adjournment at 9:28 p.m. was unanimously approved.
Respectfully submitted,
Daryl Poprave
Acting Director of Planning and Community Development
MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION