MINUTES OF THE MEETING OF THE MIDLAND CITY PLANNING COMMISSION,

WHICH TOOK PLACE ON TUESDAY,

OCTOBER 9, 2007, 7:00 P.M.,

COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN

 

1.   Roll Call

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

ABSENT:    None

OTHERS PRESENT: Keith Baker, Director of Planning & Community Development, Daryl Poprave, Deputy Planning Director; Debbie Marquardt, Technical Secretary and 28 others.

 

2.    Approval of Minutes

Moved by Kozakiewicz, seconded by Hanna, to approve the minutes of the regular meeting of September 25, 2007 as corrected.  Svenson was misspelled on page 11. 

 

3.   Public Hearing

 

      a.   Site Plan No. 270 from Dow Howell Gilmore Associates, Inc. on

behalf of King’s Daughters and Sons of Midland, Inc., a request for site plan review and approval for a 16,917 square foot addition at 2410 Rodd Street. 

 

Mr. Baker gave a general overview of the location of this project.  It is located at the intersection of Rodd Street and Nelson Street and abuts Central Park.   It is zoned RB residential.

 

Adequate information has been submitted for the proposed development.  The items identified are in the staff report.  The rooms have views of a landscaped court yard.  Additional landscaping and paths are noted around the grounds.  There are two points of ingress from Rodd Street and the parking along Rodd Street is one way and angled.  The parking on Nelson Street is one way with an entrance off the existing parking lot.  There are 18 parking spaces that currently exist.  The new plan shows 47 parking spaces. 

 

Mr. Eyre asked about the existing dumpsters and if they are located on city property or their property?

 

They are allowed to be on city property.

 

Mr. Senesac asked about emergency vehicle access and they did not find any problems.  They have 47 parking stalls on site with this plan and the ordinance requires 38 and the trigger is 20 percent.

 

Mr. Poprave stated that the property received a variance in 2006 and a waiver to extend that for the setback.  They also received a sign variance.

 

Dave Koepplinger, 2410 Rodd Street, Administrator of King’s Daughters and Julie Roberts from Dow Howell Gilmore Associates were present.  He stated that Mr. Baker covered the project in depth.  They have been in existence since 1958 and they are in need of some renovations.  They will create more office space and private rooms.  They have discussed the screening of the dumpsters and to remove them from city property.  They have a contingency plan for that.

 

Ms. Svenson asked about the curb cut going into the city property.

 

Julie Roberts stated that the parking lot on the Nelson Street has to be 25 feet away from the street and there has to be 20 feet of unobstructed view from the residents windows.  That creates the need for this type of parking.

 

Dumpster screening is required wherever the location is. 

 

Mr. Mead commented on the dumpster and generator and would like them put in writing before the next meeting. 

 

No one spoke in favor or opposition of this petition.

 

Public hearing closed by Chairperson Svenson.

 

b.    Site Plan No. 269 from Ron and Mike Lapham, a request for site plan review and approval for a 3,600 square foot garden center at 1314 West Wheeler Street.

 

Mr. Baker gave an overview of the property.  It received conditional zoning approval to the RC zoning classification with restrictions placed by the petitioner.  It is located in the northwest section of Tucker Street and Wheeler Street.  This property is both office service to the north and regional commercial for the majority of the property. 

 

            The project will be a temporary structure.  They will need permanent improvements such as parking, stormwater detention, and lighting. 

 

            The site is wooded and they will need to clear the southern half of the property and another quarter of the property for the storm water detention area.  They are proposing to use a 25-foot buffer to the north to help with screening from adjoining properties.

 

            Ingress and egress has been reviewed by the fire department and is adequate as proposed.  They have a western and eastern point of access that provides adequate means of access.  There is joint access from Fast Eddie’s.  There will also be a curb cut off Wheeler Street.

 

            There was a reference from an adjoining property owner in a letter in regards to the property originally intended for a park.  There is some history relative to Wheeler Street.  Council approval is required for any access to Wheeler Street. 

 

            Parking is based on the size of the building and the outdoor display, requiring 10 parking stalls. 

 

            Sewer does not exist on this property but it does exist along Tucker and at Fast Eddie’s.  They will have to have an agreement with one of the property owners.  All other public services are adequate.

 

            Ms. Brown asked about the Wheeler Street curb cut, what if it was not approved by city council, would it be enough to send it back to the Planning Commission.

 

            They would have to come up with some means of turning around on the property or some other access to this site.

 

            Mr. Mead asked that if they were to get sewer and water where does it come from. There is a main right on Wheeler Street and readily available.  Sewer would have to come from Tucker Street and gain access from the property owner or extend it from Fast Eddie’s and connect from the west.  There would be an assessment for that.

 

            Mr. Mead asked if they chose to enclose that temporary tent what would be the process to do that. 

 

            If it was a 3,600 square foot facility, it would be an administrative review process.   

 

            Mr. Eyre asked about the portable facility.  How is that permitted unless the site is considered a seasonable use?  Is the ordinance different for a seasonal use?  Is screening required for the temporary bathroom facilities?

 

            Mr. Baker stated that much like a temporary operation it is provided for in the ordinance.  There are physical improvements to accommodate this activity.  Portable restrooms are permitted as long as it is barrier free along with the tent structure. 

 

            The specific use is outdoor garden sales and there are no requirements for a building.

 

            Ms. Hanna asked if there is a time limit on a seasonal building.  What if they would want to do something during a winter season would they be able to do that? 

 

            The portable bathroom structure should be screened such as an accessory structure. 

 

            Mr. King asked that if they are using a residential tote, are they required to screen that.

 

            Mr. Senesac asked about the parking having 10 spaces.  With three employees there are 7 spaces for customers.

 

            Mr. Baker stated that they meet the requirements from the zoning ordinance.  Whether it meets their needs should be addressed. 

 

            Mr. Senesac asked about the discussion about the city property north of Wheeler Street and if they could put a curb cut there.

 

            Mr. Baker stated that there are no restrictions and it is a right of way for Wheeler Street. 

 

            Mr. Eyre asked what the intent is of the property and strip.

 

            The location of the road was changed to create that strip of property.

 

            Mike Lapham, 2816 Scott Street, Lapham’s Garden Center.  They currently run a flower shop, a seasonal business and have been doing it for many years.  They would like to run their business like they have been and move it to the other side of the car wash.  They start in May and end in mid-June.  It is in their benefit to make this property look as beautiful as possible.  In regards to the rest rooms, they would be willing to do some screening and make it look nice.

 

            Rich Fosgitt, Wilcox Professional Services, there are 12 parking spaces proposed.  They can only build up to 12 parking spaces per the zoning ordinance.  They will generate very little trash and it is common practice for businesses to use garage totes.  They understand the city’s position on the drive access out to Wheeler Street.  They are going to seek approval from City Council to have that driveway put in.

 

            Mr. Kozakiewicz asked about access approach.

 

            If they don’t get the driveway, they might consider a second access with the car wash.  They have had preliminary discussions with them.

 

            Mr. Gaynor asked if 12 parking spaces are enough.

 

            Mr. Lapham suggested that 12 parking spaces should be enough.  They have four spaces right now in front of Pizza Hut.  It is a quick turn around.  They have three or four employees. 

 

            Ms. Hanna asked what the surface will be on the drive.

 

            Mr. Fosgitt stated that it would be a paved parking lot with asphalt.  It is set up that they could go on down further on the property to add more parking.

 

            Mr. King asked where the placement of the portable totes and restrooms would be located.

 

            Mike Lapham stated that on the backside would most likely be the best location.  The front is for the displays. 

 

            The stormwater detention pond does not require fencing.

 

            No one spoke in favor or opposition to this petition.

 

      c.   Conditional Use Permit No. 25, the request of Rowe Incorporated on behalf of Thomas Spencer for a 3,494 square foot automobile filling station with a drive up window at 6801 Jefferson Avenue on 1.8 acres.

           

Mr. Poprave gave an overview showing the location at the northwest corner of Jefferson Avenue and Joe Mann Blvd.  It is zoned Regional Commercial.  The site plan is part of the conditional use permit. 

 

It is very similar to the service station on Jerome with the size and set backs.  Filling stations are permitted two access drives for corner lots.  No outdoor storage is being proposed. 

 

The site contains some wetlands.  The State of Michigan dictates how much wetlands can be disturbed.

 

The plan far exceeds the minimum for landscaping.  The landscaping shall not exceed 30 inches for locations which are directly adjacent to ingress and egress.

 

The west side of Jefferson is also a limited access road and Mr. Carlsen gave up access.  City Council preapproved the limited access and Mr. Carlsen paid off some special assessments.  He was granted two access points one for a single use and one for a road access.

 

Mr. Eyre stated that they received a letter from Don Carlsen asking for less parking spaces.

 

Ms. Hanna asked what if they are not allowed to work on wetlands.  That is not a city requirement it is totally under state jurisdiction.

 

Mr. Gaynor asked about the curb cut on Jefferson Avenue. The 149 feet was what City Council approved. 

 

Doug Stevens, Rowe Inc., he will take the engineering questions.

 

Brett Schwenke, Freeland, Michigan, the line going through there is a wetland boundary.  They conducted a wetland assessment to this property.  Once they are set they cannot change the boundary.  They developed a site plan so they figured a way to disturb less than 3 acres.  The plan has been worked and reworked to develop this plan.

 

Mr. Eyre asked where they would be moving the dumpster.

 

Steve Graham, 3567 Oakbrook Drive, asked if this would be a 24 hour operation.  He also wanted to know about lighting control and if they were closed would it be less bright.  Typically Joe Mann Boulevard and Jefferson Avenue is a very busy intersection.  Would a gas station make it worse with people trying to bypass the light and going up and turning around?

 

4.   Public Comments (not related to agenda items)

 

      None

                                                                     

5.   New Business

 

      None

 

6.   Old Business

 

a.    Site Plan No. 264 from MidMichigan Medical Center – Midland, a request for site plan review and approval for a 67,000 square foot addition to the Harlow Building at 4005 Orchard Drive.

 

Mr. Poprave gave a brief overview of the site plan.  The parking represents 213 parking spaces that are in residential zoning.  The rezoning could be a number seven contingency. 

 

Tom Lind, 2608 Greenwich Circle, MidMichigan Medical Center.  He wanted to update them on two issues remaining.  The rezoning petition has been filed and all the paperwork is in place.  The second issue is the wetlands issue. 

 

Jim Cook, Spicer Group, 230 S Washington, Saginaw, they have had this property redelineated by a wetlands consultant and they met with the DEQ.  They have a forested wetland, which is a marginal wetland where water collects in the low spots.  In less than 90 days the DEQ will render what they will need to do to get a permit. 

 

There is an area of the parking lot which is in the flood plain.  They did filling of that area and they had to get a permit to mitigate.

 

Mr. Senesac asked if the 1/3 of an acre is cumulative.

 

When they work in a wetland area, they are talking about a specific area. 

 

Mr. Mead stated that in terms of the wetlands they have nothing to say about that.  It is a point of interest to them only.

 

Because he had not participated in the original public hearing, it was moved by Senesac and seconded by Hanna to have Stephen King abstain on the vote of Site Plan No. 264.

 

Ms. Brown asked if they proceeded without hearing the rezoning would they be starting over.  If it is a contingency and the rezoning wasn’t approved, they would have to come up with another plan. 

 

Mr. Kozakiewicz stated that this is an important project and it is important to put in the rezoning contingency.  Hanna agrees.

 

Mr. Eyre agrees not to hold it up over parking with the amount of property they have.

 

Mr. Mead thinks it is an unusual way to go about this but he agrees they know enough about it so he agrees with that.

 

Mr. Senesac held the hospital up as an organization that brings a quality site plan.  He has a problem with procedure.  Contingency items are minor but when he looks at this one he is struggling that this is a major contingency.  He feels this is half a site plan.  From a procedural point of view this does not satisfy parking.  He will vote against it.

 

Mr. Gaynor shares Ray’s sentiments about the project.  In this case though, it is unusual but he doesn’t see anything major and the parking will be a minor issue.

 

Ms. Svenson cannot support this and it goes against the procedure because it doesn’t have enough parking.

 

It was moved by Mead and seconded by Hanna to recommend City Council approval of Site Plan No. 264 based upon the following contingencies:

 

      1.   All parking lot landscaping adheres to Article 6 of the Zoning Ordinance.

      2.   Stormwater runoff and detention systems are designed and constructed in accordance with Engineering Department requirements.

      3.   Additional fire hydrants are place on the site per Fire Department requirements.

      4.   All roof and ground mounted mechanical equipment shall be screened in accordance with Section 6.02(E)2 of the Zoning Ordinance.

      5.   All parking spaces are delineated with “box” style striping per Section 5.01(D)3 of the Zoning Ordinance.

      6.   All signage shall adhere to Article 8 of the Zoning Ordinance.

      7.   Contingent upon rezoning of adjacent parcel to accommodate 213

            parking spaces.

 

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

NAY:   Svenson

ABSENT:   None

ABSTAIN:   King

 

The motion was approved 7-1.

 

      b.   Site Plan No. 267 from Mark Robinson & Associates, on behalf of

Midland Investments, a request for site plan review and approval for a 10,000 square foot expansion at 3600 Centennial Drive.

 

Mr. Baker gave a brief overview and it is located on Centennial Drive and east of Waldo Avenue.  It is used for industrial purposes.  The zoning is IA light industrial.  No additional information was received.

 

Ms. Hanna stated that it was nice that the plan showed bicycle racks and they should encourage others to include that.

 

Mark Robinson stated that he does not have any new information.

 

As the time was near 9:30 p.m. Senesac moved to extend the meeting, Gaynor seconded, all approved.

 

Senesac stated that this was a good clean plan and he supports it.

 

It was moved by Gaynor and seconded by Mead to recommend City Council approval of Site Plan No. 267 based upon the following contingencies:

 

      1.   The stormwater detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   All parking spaces shall comply with Section 5.01(D) of the Zoning Ordinance and be delineated by the ”box” style striping.

6.    The location of the proposed dumpster is appropriately screened from the public right-of-way and adjoining property and therefore the necessity for a gate shall be waived.

7.    Based upon the number of proposed employees and rated occupancy of the building primarily for office uses, the site plan shall be approved for up to 48 parking stalls in accordance with Section 5.01(c) (7).

 

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

NAY:   None

ABSENT:   None

 

The motion was approved 9-0.

 

c.   Site Plan No. 268 from Latitude Engineering & Surveying, Inc. on behalf of Suburban Inns, a request for site plan review and approval for a 100,000 square foot hotel at 810 Cinema Drive.  (Petitioner requests to table this item.)

 

      It was moved by Senesac and seconded by Hanna to table Site Plan No. 268.

 

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

NAY:              None

ABSENT:  

 

The motion was approved 9-0.

     

c.    Site Plan No. 271 from Greater Midland Community Center, a request for site plan review and approval for a new parking lot, recreation fields, walking paths, playground and a 16,500 square foot curling club at 2001 George Street.

 

Mr. Poprave gave a recap of the petition.  It is located west of Jefferson Avenue.  This site is zoned community classification.  They want to put in all the required parking now.  There is a new curb cut on Jefferson Avenue.  There is a street vacation in front of City Council to vacate George Street from State Street to Jefferson Avenue.  There is a lot of landscaping in the plan.  They are screening the parking lot directly from the houses. 

 

Ms. Hanna asked about total parking spots, which is 389.  In the future if they come in with the curling club will they need more parking. 

 

Mr. Kozakiewicz asked how many spaces they have now, which is 389.  It does not take into account the spots off the property which is adjacent to the water tower.

 

Chris Tointon, CEO Great Midland Community Center, 2001 George Street.  He showed a color rendering of the plan.  They have never been over 80% of their capacity in parking.  The curling club is opposite hours of the child care center and only operates October through mid-March.  As they have developed these plans, they would like to construct the facility in the spring.  They have raised over one million dollars for the facility.  They do have a lot of green space and space closer to the building. 

 

Mr. Gaynor likes the plan and is glad to see development of the south end of the property, there will be more uses.  He would like to add a contingency item for the street vacation of George Street.

 

Mr. Eyre likes the plan.

 

Mr. Mead doesn’t feel the parking lot is ever full.  He is confident there are enough parking spaces.

 

Mr. Seneasac is in favor and feels it meets all criteria.

 

It was moved by Mead and seconded by Eyre to recommend City Council approval of Site Plan No. 271 based upon the following contingencies:

 

      1.   All parking spaces shall be delineated by the “box” style striping pattern per Section 5.01(D)3 of the Zoning Ordinance.

      2.   All exterior lighting shall adhere to Section 3.12 of the Zoning Ordinance.

      3.   Stormwater detention plans shall be approved by the Engineering Department.

      4.   Adequate Fire Department access shall be maintained on all sides of the buildings.

      5.   Collins Street shall be re-aligned to facilitate the construction of the parking lot and new west side entrance.

      6.   Site landscaping and screening shall adhere to Article 6 of the Zoning Ordinance.

      7.   All signage shall adhere to Article 8 of the Zoning Ordinance.

8.    Subject to George Street vacation approval by City Council.

9.    A six foot tall or solid evergreen screen is provided along the west property line adjacent to State, Mill and Haley Streets.

10.  Parking is approved for up to 389 parking stalls for both existing and the proposed curling club facility. 


 

      YEAS:             Brown, Eyre, Gaynor, Hanna, King, Kozakiewicz, Mead, Senesac and Svenson

            NAYS:

            ABSENT:       

     

            The motion was approved 9-0.

 

7.  Communications

 

     There is a Midland County fall workshop on November 8th at 6:30 and

     you will learn about the new flood plain mapping.

    

8.  Report of the Chairperson  

 

     It was stated that questions asked during the public hearing will be

     addressed at the next meeting.

    

9.  Report of the Planning Director

 

            CITY COUNCIL

                                                                                                                

October 1st    

                        ACTION         

 

1.    Site Plan No. 262 from Three Rivers Corporation on behalf of the City of Midland Currie Golf Course, a request for site plan review and approval for a 11,070 square foot proposed golf cart building located at 1116 Currie Parkway.  (Approved)

 

2.    Site Plan No. 266 from Wilcox Professional Services, on behalf of The Dow Chemical Company, a request for site plan review and approval for a 103 stall parking lot addition at 3200 James Savage Road. (Approved)

October 22nd

                        PUBLIC HEARNIGS

 

1.            Midland Greater Community Center - George Street Vacation

2.            2007 City of Midland Master Plan and Future Land Use Map

 

            ACTION ITEMS        

 

                        1.   Site Plan No. 264 from MidMichigan Medical Center-Midland, a request for site plan review and approval for a 67,000 square foot proposed addition to the Harlow Drive Building at 4005 Orchard Drive.

 

2.   Site Plan No. 267 from Mark Robinson & Associates, on behalf of Midland Investments, a request for site plan review and approval for a 10,000 square foot expansion at 3600 Centennial Drive.

 

3.    Site Plan No. 271 from Greater Midland Community Center, a request for site plan review and approval for a new parking lot, recreation fields, walking paths, playground and a 16,500 square foot curling club at 2001 George Street.

           

PLANNING COMMISSION

 

October 23rd 

            PUBLIC HEARINGS  None.

 

1.    Zoning Petition No. 545, initiated by the MidMichigan Medical Center for property located at 4005 Orchard Drive from Residential A-1 to Community.

 

2.    Zoning Petition No. 546, initiated by Agree Realty Corporation to rezone property at 4710 Eastman Avenue from Office Service zoning to Regional Commercial zoning.

 

3.    Conditional Use Permit No. 26, the request of the County of Midland for a proposed county jail at 101 Rockwell Drive on 30 acres.  This property is located in a Community zoning district.

 

            ACTION ITEMS        

 

1.    Site Plan No. 269 from Ron and Mike Lapham, a request for site plan review and approval for a 3,600 square foot garden center at 1314 West Wheeler Street. 

 

2.    Site Plan No. 270 from Dow Howell Gilmore Associates, Inc., on behalf of King’s Daughters and Sons of Midland, Inc., a request for site plan review and approval for a 16,917 square foot addition at 2410 Rodd Street.

 

3.    Conditional Use Permit No. 25, the request of Rowe Incorporated on behalf of Thomas Spencer for a 3,494 square foot automobile filling station with a drive up window at 6801 Jefferson Avenue on 1.8 acres.

 November 13th  

            PUBLIC HEARINGS  None.

 


            ACTION ITEMS        

 

1.    Zoning Petition No. 545, initiated by the MidMichigan Medical Center for property located at 4005 Orchard Drive from Residential A-1 to Community.

 

2.    Zoning Petition No. 546, initiated by Agree Realty Corporation to rezone property at 4710 Eastman Avenue from Office Service zoning to Regional Commercial zoning.

 

3.    Conditional Use Permit No. 26, the request of the County of Midland for a proposed county jail at 101 Rockwell Drive on 30 acres.  This property is located in a Community zoning district.

 

ZONING BOARD OF APPEALS

 

October 16, 2007 Meeting - Canceled

 

PENDING ADMINISTRATIVE SITE PLAN REVIEWS

 

1.            Admin. Site Plan No. 38 – Consumers Power Eastlawn Substation – 2920 Waldo Road

2.            Admin. Site Plan No. 39 - Midland Tennis Center Addition – 900 E. Wackerly

3.            Admin. Site Plan No. 40 - Fraternal Little League Restrooms and Parking Lot    

 

DIRECTOR’S NOTES

 

October 23, 2007 is next the regular Planning Commission meeting. 

 

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.

 

The annual Michigan Association of Planning conference is scheduled for October 17-20, 2007.  The conference is being held in Traverse City at the Grand Traverse Resort. 

 

Planning staff would like the Planning Commission to consider setting a public hearing to consider the proposed zoning text amendments that have been previously identified and discussed. 

 

Planning Commission packets are now available on-line at the City of Midland’s web site.  Meeting agenda items are highlighted and residents can “click” on the link to view all of the supporting documentation.  The city’s web site address is www.midland-mi.org.

 

           

 

10.  Adjourn

Adjournment at 9:55 p.m. was unanimously approved.

Respectfully submitted,

 

 

 

 

Keith Baker, AICP

Director of Planning and Community Development

 

MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION