NOVEMBER 27, 2007, 7:00 P.M.,



1.   Roll Call

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

ABSENT:    Brown

OTHERS PRESENT: Daryl Poprave, Deputy Planning Director; Cheri King, Community Development Specialist; and 6 others


2.    Approval of Minutes

Moved by Kozakiewicz, seconded by Eyre, to approve the minutes of the regular meeting of November 13, 2007. 


3.   Public Hearing


      a.   Conditional Use Permit No. 27, the request of Bartow and King Engineers, Inc. for a drive through window for a restaurant at a fitness park at 601 East Wackerly Street on 1.6 acres in the RC District (amendments to approved Site Plan No. 265).


Mr. Poprave began by showing an aerial photograph of the subject site.  This site is located north of Wackerly, south of US-10, east of Jefferson.  This property is zoned Regional Commercial.  This is an extension of previously approved Site Plan No. 265.  This change is for the addition of a drive-through for an accessory restaurant use for a previously approved fitness center site plan.  The drive-through lane is located on the western side of the property and the adjacent property on the west is zoned Regional Commercial, so no screening will be required.  The sidewalk was a requirement of the site plan.  Staff sees the lone contingency as the separation of the drives in the parking lot.  Mr. Senesac asked what the major concerns were regarding the parking lot.  Mr. Poprave stated that, although this will not have the traffic of a regular drive-through restaurant, perhaps there should be some stop signs or segregation of the traffic lanes or have all the traffic moving in the same direction on the site to enhance the safety on the site.  Mrs. Hanna asked how this would affect access by the Fire Department.  Mr. Poprave stated so long as the lanes are wide enough, it should not impede access by a fire apparatus.  A report by the city’s traffic engineer will be available prior to the next Planning Commission meeting.


Gary Barto, Barto & King Engineers, stated they have looked at access around the building.  They want to get with city staff and the Engineering Department and work out the concerns prior to the next Planning Commission meeting. 


No one spoke in favor or opposition to the request.


The public hearing was closed.


      b.   Conditional Use Permit No. 28, the request of Nextel Communications for the placement of wireless antennae on the rooftop of the building located at 6517 Eastman Avenue in the RC District.


            Mr. Poprave showed an aerial photograph of the subject site.  The site is located south of Airport Road and west of Eastman Avenue.  To the west of the site is the Office Depot and Lowe’s Home Improvement Center.  This site is totally surrounded on all sides by Regional Commercial zoning.  The petitioner has asked to erect three (3) rooftop and wall mounted antennae on an existing building.  The purpose of this antennae placement is to fill in coverage gaps and provide much needed relief for the existing wireless telecommunications facility.  Staff recommends approval of this Conditional Use Permit with the condition that if there is any exterior wireless communication equipment, there would need to be some screening provided. 


            Mark Morris, Nextel, 2800 Woodward, Birmingham, Michigan, spoke on behalf of the petitioner.  They have had situations when the number of calls has exceeded the capacity of the existing antennae.  This project will hopefully reduce the number of dropped and blocked calls.  These antennae will actually be lower than the Speedway sign on the next property to the south.  These are single use antennae so there will be no co-location options here for other service providers.  There are no antennas there at the present time.  The proposed antennae will be placed on the roof top.   


            No one spoke in favor or opposition to the request.


            Mr. Morris requested that, since there was no public comment on this petition, that the Planning Commission take action on this request tonight.  Mr. Mead stated he would like to take another visit to the site and that he is not ready to vote on this proposal tonight.


            The public hearing was closed.


4.   Public Comments (not related to agenda items)




5.   New Business




6.   Old Business


      a.   Zoning Petition No. 545, initiated by the MidMichigan Medical

            Center for property located at 3200 West Sugnet Road from RA-1

            Residential to Community. 


The aerial photograph showed the location of the subject property requested to be rezoned from RA-1 Residential to Community.  It is located north of Sugnet and west of Harlow Drive.  It borders the hospital parking lot and encompasses part of the wellness trail as well as Sturgeon Creek.  It is surrounded on several sides by vacant property, which is primarily in the floodplain.  The existing land use map shows this property as vacant.  The zoning map shows it is currently zoned RA-1.  The shaded area on the east side of the property is going to be developed as a parking lot for the hospital.  The proposed amendment is in accordance with the city master plan.  The amendment will not result in exclusionary zoning.  It will unite all the hospital property under one zoning classification.  The proposed zoning is consistent with the transition from residential to community.  These uses are both primarily away from large commercial areas and are appropriate as adjacent land uses. 


Tom Lind, 2608 Greenwich Circle, represented the petitioner.  Mr. Eyre asked how much of the parking lot is located in the floodplain.  Mr. Lind stated that all of the parking lot is located in the 100-year floodplain. 


            Mr. Senesac stated this rezoning makes a lot of sense from the hospital’s perspective.  Mr. Mead and Mr. Eyre agreed.  Mr. Eyre stated that, since it is all in the floodplain, it makes sense to make it a parking lot.  Ms. Hanna and Mr. King stated they are also in favor of this proposal.


It was moved by Eyre and seconded by King to recommend City Council approval of Zoning Petition No. 545.


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

NAY:   None

ABSENT:   Brown


The motion was approved 8-0.


b.    Final staff presentation of the 2007 Zoning Ordinance revisions.


See Daryl’s presentation (overheads)!!


Article 2 - There are a couple of new definitions including “flag lots” and “retail strip centers”. 


            Article 3 - Discussion was held as to whether or not the private and public utility cabinets should be allowed to exceed 30 inches in height.  Mrs. Hanna suggested screening requirements be added when these cabinets are placed in front yards.  The screening should be required on all sides of these cabinets.


            Article 5 – Changes were made to “Housing for the Elderly”, “Senior Apartments”, “Retail Strip Centers”, “Warehouse and Storage Buildings”.  Ms. Svenson was against increasing parking for the housing of the elderly – there is no problem with the current requirement. 


            Article 6 – Mrs. Hanna stated she really appreciates the landscaping requirements that have been proposed.  When she goes to other communities, she can really tell the difference where screening is not required.  Parking lot landscaping was added as a requirement in this section. 


            Article 7 – No comments were made regarding the proposed changes to Table 7.1.


            Article 8 – Signs – Page 8.6 – Real Estate signs, Mr. Eyre thinks there should be two real estate signs allowed on corner lots. 


            Article 19 – Community District - No comments.


            Article 20 – Office Service District – Child care centers are being added as principal permitted uses in this district.


            Article 21 – No comments.


            Article 23 – Industrial Districts – No comments.


            Article 25 – Residential Open Space Options – No comments.


            Article 26 – Schedule of Regulations – This is the most used table in the city.  All developers use this table. 


            Article 27 – Site Plan Review – No comments.


            Article 28 – Conditional Land Use – No comments.  The only change was the state law.


            Article 30 – Amendments – Changes in the state law are the changes proposed.  No comments.


            Article 31 – Administrative Organization – Also a change in the state law.  It also provides for a change in the zoning compliance permit requirement.  No other comments were received.  There will be a public hearing on these changes on December 11th.


7.  Communications


     A letter was received from LSL Planning requesting responses to a survey from their writing of the Master Plan.


8.  Report of the Chairperson  




9.  Report of the Planning Director


Daryl Poprave gave a brief overview of the projects the department is working on.


10.  Adjourn

Adjournment at 8:33 p.m. was unanimously approved.

Respectfully submitted,




Daryl Poprave, AICP, CFM

Deputy Planning Director