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,
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
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
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
2. Buttles south of Third St.
3. Midfield Lane
December
19th
Cancelled
None
The final regular
meeting of the Planning Commission for 2006 will be on December 12, 2006 at
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