MINUTES OF THE MEETING OF THE MIDLAND CITY PLANNING COMMISSION,

WHICH TOOK PLACE ON TUESDAY,

NOVEMBER 28, 2006, 7:00 P.M.,

COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN

 

1.   Roll Call

PRESENT:  Brown, Gaynor, Hanna, Kozakiewicz, Mead, Senesac and Svenson

ABSENT:     Eyre & Jocks

OTHERS PRESENT:  Daryl Poprave, Acting Director of Planning & Community Development; Cheri Standfest, Community Development Specialist and 15 others.

 

2.   Approval of Minutes

Regular Meeting of November 14, 2006.

It was moved by Senesac and supported by Hanna to approve the minutes of November 14th.  The minutes were unanimously approved. 

 

3.      Public Hearing

 

a.      Site Plan 254 – Three Rivers Corporation, on behalf of Midland Medical Oncology, for site plan review and approval for an 11,409 square foot medical office building at 4500 Campus Ridge Drive.

Dan Kozakiewicz requested to be allowed to abstain as he is employed by Three Rivers Corporation.  Moved by Hanna, seconded by Svenson to allow Mr. Kozakiewicz to abstain.  Motion passed unanimously.

Mr. Poprave showed an aerial photo.  The subject property is located south of Saginaw Road and west of Orchard Drive.  The property is zoned community, which allows hospitals and associated uses with hospitals by right.  This building will reside on property owned by the hospital.  It is a very wooded area and the hospital has taken great steps to ensure the majority of the existing trees will remain.  They wanted to ensure that the water detention pond will not impact the existing trees on the site.  The site plan has been reviewed by all the departments in the city.  There were no major issues raised with the site plan.  As of 2005, 2,148 spaces have been constructed on this property.  They will add additional spaces which will exceed their requirement for parking by 48 spaces.  They will need to extend the water main all the way to McCandless Drive.  There is no irrigation shown for landscaping but it is city staff’s understanding that there will be irrigation similar to the rest of that around the hospital. 

There are 11 contingency items noted in the staff report.  These will be required in order for this site plan to be in order with the city zoning ordinance. 

Keith Wirth, architect for Three Rivers Corporation, Midland spoke on behalf of the petitioner.  They received Mr. Poprave’s report today and they do plan to incorporate the contingency items into their site plan.  They will extend the water main all the way down to Campus Ridge and will loop to McCandless Drive which will extend out to Saginaw Road.  They have increased the parking by four spaces.  They will place the mechanical materials on the roof and surround it with sound deadening screening.  There will be approximately 25 employees that will require parking for this building.  Site lighting will be typical pole lighting.  The building itself will be a brick veneer building about 16 feet tall. 

No one spoke either in favor of or in opposition to this site plan request.

 

b.   Zoning Petition No. 532 (tabled) – Consideration of a petition initiated by Patrick and Shawn Pnacek to rezone .98 acres of land located at 110 Oakbrook Drive from RA-1 to OS.

      This is still tabled and will not be dealt with tonight.

      c.   Zoning Petition No. 533 (tabled) – Consideration of a petition initiated by Dr. John Pfenninger to rezone 1.19 acres of land located at 101 Oakbrook Drive from RA-1 to OS.

 

            This is still tabled and will not be dealt with tonight.

 

d.   Zoning Petition No. 534 (tabled) – Consideration of a petition initiated by Patrick and Shawn Pnacek to rezone .96 acres of land located at 104 Oakbrook Drive from RA-1 to OS.

      This is still tabled and will not be dealt with tonight.

     

4.   Public Comments (not related to agenda items)

 

      Faye Wood submitted a letter regarding rezoning home areas to also allow

      small business for the convenience of the people living in the area.

 

5.      Old Business

 

a.  Zoning Petition No. 535 – Consideration of a petition initiated by the Planning Commission to zone property located at 7304 Jefferson Avenue from township zoning to RA-1 Residential.

 

Mr. Poprave showed an aerial photo of this area, showing the property is located south of Julie Ann Drive and east of Jefferson, north of Broadhead Estates.  This property is presently zoned Residential A in Larkin Township.  The proposal is that this parcel retain a low-density residential status, which is RA-1 in the City’s Zoning Ordinance.  No additional comments were received by the Planning Department regarding this zoning.  No one spoke in favor of or in opposition to this request.

 

Mr. Mead stated he sees no problem with the proposed zoning.  Mr. Gaynor and Ms. Svenson agreed.

 

It was moved by Mead and supported by Svenson to recommend approving Zoning Petition No. 535 by the Planning Commission to zone property located at 7304 Jefferson Avenue from township zoning to RA-1 Residential.

 

YEA:          Brown, Gaynor, Hanna, Kozakiewicz, Mead, Senesac and Svenson

NAY:          None

ABSENT:   Eyre & Jocks

 

The motion was approved 7-0.

 

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.

 

The secretary showed an aerial photo which encompasses 6715 and 6719 Herbert Road.  It is south of Herbert Road, north of Saginaw Road, east of Stark Road.  It is adjacent to regional commercial on the zoning map.  The property was annexed in July 2006.  The land use shows this land in a general commercial category, however, due to the current uses on the property, it was suggested to retain the residential zoning.  No additional public comments were received regarding this zoning petition.  No one spoke in favor of or in opposition to this request.

 

Mr. Gaynor has no objections to this zoning.  There is general consensus of the Planning Commission that this is a good zoning classification.  Mr. Senesac stated that when this master plan was created it was thought perhaps business might go all the way up to Wackerly Road.  However, this property is developed residential and it makes a lot of sense to keep it zoned as it is developed.  Mr. Mead agreed.

 

It was moved by Hanna and supported by Brown to recommend approving Zoning Petition No. 536 by the Planning Commission to zone property located at 6717 and 6719 Herbert Road from township zoning to RA-3 Residential.

 

YEA:          Brown, Gaynor, Hanna, Kozakiewicz, Mead, Senesac and Svenson

NAY:          None

ABSENT:   Eyre & Jocks

 

The motion was approved 7-0.

 

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.

 

Mr. Poprave showed an aerial photo of this area, which was annexed in 2006 from Lincoln Township into the City of Midland.  It is bisected by a public street that was put in from Hicks Road to Stark Road, which is the extension of Airport Road.  It is east of Stark Road, east of US-10.  It is approximately 100 acres in size.  The future land use map shows this entire area as light industrial.  East of Hicks Road shows a commercial designation.  This area has been designated light industrial since the 1991 master plan, even though it had not been annexed into the city until recently.  LCMR zoning falls within the light industrial land use category.  If this zoning classification were considered tonight, they would not have to advertise for another public hearing as it is similar to the Industrial A classification so far as uses are concerned. 

 

No one spoke in favor of the petition.  Kevin Wright, 1120 Sanford Road spoke in opposition to this petition.  He lives about 650 feet north of the MUGA boundary.  He is the Supervisor for Lincoln Township.  His concern is not whether or not the Fisher property fits the Industrial A zoning classification, but whether the Industrial A zoning fits the Fisher property.  Most of the Industrial A zoning in the city is located in the southeast portion of the city.  The zoning ordinance also states Industrial A should be located in proximity to the Midland Cogeneration Plant.  He also stated that the more intensive industrial uses should be located in Industrial B and should be buffered from residential zoning by surrounding land uses.  There are neighboring residences all around this Industrial A zoning and these would not be compatible with the surrounding land uses.  The areas around to the north, east and west are all occupied by residential land uses.  The Inman Drain runs through this area, through the Cook School area, through the hospital area and eventually drains into the Tittabawassee River.  Those industrial pollutants could be dumped into this drain and eventually dumped into the Tittabawassee River.  He requested the Planning Commission reconsider the zoning to LCMR or to Office Service.

 

Kathy Fogus, 1797 N. Hicks Road spoke again tonight.  This property has been in their family for 50 years.  The industrial uses would discharge directly into a flood plain area which would continue south throughout the city.  The pollution run-off will hit Sturgeon Creek and continue south into the Tittabawassee River.  If this Industrial zoning is allowed, the residents of Hicks Road will be caught between two industrial areas.  She recommended this parcel of land be more conducive to the surrounding property uses, and apply a residential zoning classification to this land. 

 

Kathleen Kemp, 1800 N. Stark Road.  She and her dad own 40 acres on Stark Road, up to Sanford Road.  Her dad purchased the property in 1948.  It was one of the original homesteads in Lincoln Township.  In 2001, she opened her state licensed day care.  This is her source of income.  Zoning this area Industrial A would discourage people from bringing their children to her day care.  This industrial area would discharge its waste into a natural waterway, which runs through the City of Midland.  She is also concerned about the fire hazard of these industrial uses because this area would be surrounded by existing wooded areas.  Mr. Fisher is trying to develop his property without DEQ permission and they are currently investigating this use of property, which perhaps includes wetlands according to some of the state maps. 

 

Sheila Messler, 2049 N. Dublin Road, stated she lives just north of Hicks Road and has about 15 acres.  She feels the property to the east would never be zoned industrial as there are residential properties there now and they would never agree to anything but residential zoning.

 

Elizabeth Jackson, 1695 N. Stark Road – She has a small truck terminal nearby her home.

 

Sandy Dunlap stated she was not at the first hearing.  Her mother and dad own the property on N. Stark Road.  Years ago, when her dad bought the property, no one knew what would happen with the expansion of the city in the future.  It seems now like one person, Mr. Fisher, has plans to move his business out of the city.  However, there are a large number of people who live out there and this would make a big difference in their lives.  This seems to be one man vs. the entire community.  She requested that it not be zoned industrial and that LCMR might be a possibility as it is a lower intensive use.

 

Mr. Senesac stated he has done a lot of re-thinking about this zoning petition.  He keeps looking at that part of town and he feels it is appropriate to have an industrial zone on that part of town.  That intersection is the appropriate place to have it.  He realizes that wherever they put it, it will have some impact on someone.  However, the master plan indicates there should be some industrial zoning in that part of town and he continues to believe the master plan is correct for this area.

 

Ms. Hanna stated she appreciated the residents taking property right stands and she ensured them that they will be heard.  She appreciates their pointing out where that drainage system goes.  She feels this is important information. 

 

Mr. Gaynor stated he has thought long and hard about this.  It is located along a major highway – US-10.  In his opinion, the appropriate place for industrial use is along a major highway.  He does think industrial zoning is the appropriate use for this area.  Things will be built there and that is the reality of it.  It will not remain farmland forever.  It is appropriate for industrial as trucks can exit from the expressway and not have to drive through residential areas to get to the industrial areas. 

 

Ms. Svenson stated that anything allowed by industrial could be built there.  She could not support industrial use, but she could perhaps support LCMR or something less intensive use. 

 

Mr. Gaynor stated you can look at any area of the city and find some residential uses.  There were residential uses in the area of the mall prior to it being built.  However, the mall was still built in that area. 

 

Mr. Mead stated he is leaning toward the LCMR classification.  Ms. Brown agreed.  Mr. Senesac stated he could support either one.  Ms. Hanna stated she could not support either one.  Mr. Kozakiewicz stated the master plan that exists was put into place in 1991.   He is sure some of these issues came up and were discussed at that time.  We are also working on the future master plan at this time and this area is still designated for industrial use.  He would support the industrial designation.

 

It was moved by Gaynor and supported by Svenson to recommend approving Zoning Petition No. 537 by the Planning Commission to zone property located at 6500 and 6501 Airport Road from township zoning to Industrial A.

 

YEA:          Gaynor, Kozakiewicz, and Senesac

NAY:          Hanna, Svenson, Mead and Brown

ABSENT:   Eyre & Jocks

 

The motion was denied 3-4.

 

It was moved by Mead and supported by Senesac to recommend approving Zoning Petition No. 537 by the Planning Commission to zone property located at 6500 and 6501 Airport Road from township zoning to LCMR.

 

YEA:  Gaynor, Kozakiewicz, Svenson, Senesac, Mead and Brown

NAY:  Hanna

ABSENT:  Eyre & Jocks

 

The motion was approved 6-1.

 

d.  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.

 

This property is basically the road itself.  It is the Airport Road extension.  The road was constructed to increase circulation in and around the mall area.  It was not requested by any individual property owner.  This road should share the same zoning as the adjacent parcels.  There is property to the east that is currently not in the city.  Because of that road being in the city, properties to the north of the road are now considered contiguous to the city and can be annexed into the city. 

 

Kathleen Kemp, 1800 N. Stark Road.  She was not here to hear this petition.  She feels this is not a common practice to zone a road in the city.  It puts the property owners in a position where they will have to have similar zoning if that is what the road is zoned.  It does not give the property owners any choice in the matter. 

 

Elizabeth Jackson, 1695 N. Stark Road.  She just wanted to know when these are scheduled to be presented to City Council.

 

It was moved by Mead and supported by Svenson to recommend approving Zoning Petition No. 538 by the Planning Commission to zone public right of way identified as the Airport Road Extension from township zoning to LCMR.

 

YEA:          Brown, Gaynor, Kozakiewicz, Mead, Senesac and Svenson

NAY:          Hanna

ABSENT:   Eyre & Jocks

 

The motion was approved 6-1.

 

e.  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.

 

This property is located at the end of Oakbrook Drive, east of Jefferson, north of Oakbrook Drive.  It is a little bit odd that the cul-de-sac at the end of the street is located in the city and the property along the rest of the street is located in the township.  It is a large lot and already has a home on it.  This homeowner wants city water so he has annexed into the city and has already connected to city water. 

 

No one spoke in favor of or in opposition to this request.

 

It was moved by Gaynor and supported by Hanna to recommend approving Zoning Petition No. 539 by the Planning Commission to zone property located at 730 Oakbrook Drive from township zoning to RA-1 Residential.

 

YEA:          Brown, Gaynor, Hanna, Kozakiewicz, Mead, Senesac and Svenson

NAY:          None

ABSENT:   Eyre and Jocks

 

The motion was approved 7-0.

 

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.

 

This lot has been in the city for a while and is a rezoning rather than just applying city zoning to a parcel.  This is located east of Wackerly and south of Jefferson.  The building to the east is MCVI and a portion of the property to the south currently houses a water retention area.  The area around this property is already zoned community commercial.  The zoning is not in compliance with the master plan in this area of town.  This proposal is to rezone 2.4 acres of land.  This property has been before the Planning Commission previously for rezoning and has been denied.  This would not be spot zoning; it would be the expansion of an existing commercial area.  Community Commercial also allows many office-style uses so this would not significantly change the use in this area.  However, office service does act as a buffer between the residential to the south and this property.  The land use plan designates the majority of this land as office service.  Because it was not consistent with the master plan, staff’s recommendation for this petition is denial.

 

Sheila Messler is representing the petitioner.  The reason why the detention pond is on here is so it is the same zoning as the surrounding property.  By mere fact that it is part of the property description is why it is in this petition.  The parking lot will remain a parking lot.  Bottom line, you are talking about 75 feet.  In the 1991 and 1997 master plans, this property was already zoned commercial.  They want to add two small businesses.  What is there will remain there. 

 

Dick Vonkorff, 15 Rosemary Court.  Mr. Vonkorff stated he is 91 years old.  He is a member of the Unitarian Church across the street from here.  He would like to see some nice architecture in some of the new structures being built.

 

Kim Krantz, 6201 Jefferson, Coffee Chaos.  Years ago, the city spent a great deal of money to bring businesses to the Midland area.  Here is an opportunity to help bring small businesses to this area.  It is a community effort in combination with the office service and residential development in this general area.  He does not feel this change would have a significant impact in the area.

 

Mr. Mead stated his concern is the inclusion of the water detention area and, because this area is included, he would vote against it. 

 

Mr. Senesac stated that the land MCVI is located on was requested to be rezoned and when it was denied, MCVI was built.  This property has come before the Planning Commission numerous times.  He asks himself what has changed that would make him want to change his vote for this.  He does not see anything different than before.  He will vote against it.

 

Mr. Gaynor stated that when he looks at how this area is developing, there is really no commercial within a mile of this area.  This is really serving a purpose.  There is quite a distance to the nearest commercial area.  There is lots of residential in a relatively close area and they do not have to get into their cars and drive to a commercial area to receive services.  He feels this has been a successful development and the city should support it.

 

Ms. Svenson stated she can see nice office service there and nice commercial there.  She does not know what would be built there – only what could be built there if the zoning were changed to commercial. 

 

Ms. Brown stated she can see both sides.  She will support the proposal.

 

Ms. Hanna will support this area as office service.  She likes the idea of confining the uses in this area to what is allowed in office service.  Mr. Kozakiewicz agrees.  He will vote to deny the change.

 

It was moved by Svenson and supported by Mead to recommend approving Zoning Petition No. 540 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.

 

It was moved by Mead and supported by Hanna to continue the meeting until 9:40 p.m.  Motion approved.

 

YEA:          Brown and Gaynor

NAY:          Hanna, Kozakiewicz, Mead, Senesac and Svenson

ABSENT:   Eyre and Jocks

 

The motion was denied 2-5.

 

6.                  New Business

 

None

 

7.  Communications

 

       None

    

8.  Report of the Chairman  

    

     None

 

9.  Report of the Planning Director

 

            CITY COUNCIL                                                                                                                

 


November 20th

                                PUBLIC HEARINGS

ZP 531

 

                                ACTION ITEMS

ZP 531 – Approved by CC by 5-0 vote

 

December 4th

                                PUBLIC HEARINGS

None                     

ACTION ITEMS

Set public hearings for ZP 535, 536, 537, 538, 539, and 540

Hearings should be scheduled for January 8, 2007.

Remand (3) Street vacations for Bay City Road, Buttles and Midfield Lane to Planning Commission for recommendation on 12/12/06

 

PLANNING COMMISSION

               

                November 28th

                                                PUBLIC HEARINGS

                                Site Plan #254 – A 11,409 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 S. Saginaw

2.        Buttles south of Third St.

3.        Midfield Lane

                               

ZONING BOARD OF APPEALS

 

        December 19th 

 

        Cancelled

                 

 

PENDING ADMINISTRATIVE SITE PLAN REVIEWS

 

None

 

DIRECTOR’S NOTES

 

The final regular meeting of the Planning Commission for 2006 will be on December 12, 2006 at 7:00 p.m.

 

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 9:40 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