MINUTES OF THE MEETING OF THE MIDLAND CITY PLANNING
COMMISSION,
WHICH TOOK PLACE ON TUESDAY,
FEBRUARY 12, 2008, 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:
OTHERS PRESENT: Keith Baker,
Planning Director; Daryl Poprave, Deputy Planning Director; Cheri King,
Community Development Specialist; and 14 others
2.
Approval
of Minutes
Moved by Mead, seconded by Hanna, to approve the
minutes of the regular meeting of January 22, 2008. Motion passed unanimously.
3. Public Hearing
a. Site
Plan No. 273 from Rowe Incorporated on behalf of Midland Community Center, a
request for site plan review and approval for a 14,940 square foot Curling Center
at 2009 Jefferson Avenue.
Mr. Poprave showed an aerial
photograph of the subject property and surrounding area. The property is owned by the Community
Center, south of Eastlawn Drive and north of E. Haley Street. It is east of Central Middle School. The property is zoned Community, which
permits community centers by right. The
existing land use maps shows public and semi-public, with a rectangle of
yellow, being three residential structures that will be demolished. The drawings in the packets show a cloud around
the southwest corner of the building and the drive through in the central row
of parking. These are the only areas
that will be changing on this site plan, approved as Site Plan No. 271. The building itself was not approved as a
part of this site plan. Zoning Petition
No. 544 was approved by City Council, which allows the parking lot to be
extended through to Jefferson Avenue.
The eastern elevation of the building is facing out towards the public
on Jefferson Avenue. The closest building
exposure to a property line will be set back 54 feet. There are no other provisions that will need
to be changed from the site plan that was previously approved. On the north side of the building, there will
be screening around the chiller area.
There will be a speed bump between the two major parking areas for
traffic calming purposes. The east
elevation facing toward Jefferson should be made a contingency of approval of
this site plan revision so the building is built as it is intended, with the most
appealing side toward the street for public view. Signs will be on the building, verses being
ground mounted. Ms. Hanna stated she
sees the screening for around the chiller but she does not see any screening
for a trash receptacle. Mr. Poprave
stated he does not think there will be an outside trash receptacle at this
location.
Chris Tointon, CEO of the Greater
Midland Community Center, 2001 George Street represented the petitioner. The current curling center is located on
Gerald Court, off Bay City Road. This
curling center has been there for over 50 years. This volunteer group has already raised over
$1.4 million dollars to build this center.
It is within walking distance of five schools. One advantage of being on the campus of the
community center is the shared parking, shared snow plowing, shared garbage
collection and many other shared facilities.
Doug Stevens, of Rowe Incorporated, stated they will be turning in all
their storm water calculations to the City Engineer tomorrow. This facility will accommodate four sheets of
ice. Mr. Senesac asked about the noise
from the chillers. Mr. Tointon stated an
existing chiller is outside near a residential structure and there is no issue
with noise. They do not anticipate much
noise at all from these compressors.
John Zimmerman, 2825 Chippewa Lane,
stated there are four curling clubs in the state of Michigan. They include locations in Detroit, Midland
and Lewiston.
No one spoke either in favor of or
in opposition to this site plan. The
public hearing was closed.
b. Zoning
Petition No. 546, initiated by Alexander Irigoyen on behalf of Rapanos
Enterprises for property located at 4228 Bay City Road from Regional
Commercial to Community Commercial zoning.
Mr. Poprave showed an aerial
photograph of the subject property, located north of the municipal ice arena,
east of Fast Ice Drive, on the south side of Bay City Road, just east of the
railroad tracks. The property is
currently vacant. The petition is to
rezone 3.4 acres of land from Regional Commercial to Community Commercial. Property to the west and east are zoned
agricultural. There is RB to the north
across Bay City Road. The existing land
use map shows the subject property is vacant, the ice arena is located to the
south of this property and the Midland County Jail will be located to the east
of this property. The surrounding land
uses are compatible with the use of this property for any range of commercial
uses. The petition is consistent with
the city’s master plan and the zoning ordinance. In Community Commercial, you have uses that
are even more compatible with some of the surrounding residential, as they are
less intense uses. This will be the only
Community Commercial zoning to the east of N. Saginaw Road on this side of
town. The property to both the north
and south of this property are also owned by the petitioner so they have
control of the development of this property.
Ms. Hanna asked if 24-hour uses were allowed in this zoning
district. Mr. Poprave stated that they
are.
Alex Irigoyen, 3717 Woodlawn, spoke
on behalf of Rapanos Enterprises, the petitioner. They are intending to downscale from the
current zoning. They are putting in a
lot of time and consideration into the design of this area of town. They are working with both the public sector
uses in this area and the existing commercial uses in this area. They are talking with a number of parties who
are interested in the development of portions of the vacant property in this
area. Community Commercial would be
“down zoning” of this property and would be more compatible with some of the
surrounding residential uses. Mr.
Irigoyen stated they are interested in limiting some of the uses that might be
built in this area as it is currently zoned.
Outside storage for lumber yards, industrial uses, etc. are businesses
they would not like to see there. There
are about 120 acres of land that are yet to be developed in this area.
No one spoke either in favor of or
in opposition to this zoning petition.
The public hearing was then closed.
c. Zoning
Petition No. 547, initiated by Bennett Construction to rezone property at
221 West Wackerly Street from Office Service zoning to Community Commercial
zoning.
Ms. Svenson stated this is not the
first time we have seen a zoning petition for this area. Mr. Baker showed an aerial photograph of the
subject property, on the south side of W. Wackerly, adjacent to an office
facility, adjacent to a continually growing building to the east, Jefferson
Avenue is to the east, Northgate Drive, which runs just to the south of this
area and US-10 which runs just to the north of this area. The petition this evening is to rezone this
property to Community Commercial zoning from Office Service. The property to the west, the south and the
southeast is zoned for office service.
The properties along Wackerly are zoned for Regional Commercial. The
triangular area that was originally advertised as a part of this zoning
petition is not included in the area proposed for rezoning under this
petition. There has been significant
public interest in the past regarding the rezoning of properties in this
area. The petitioners are offering a
restriction of uses that would otherwise be allowed in this zoning
district. The proposed amendment is not
consistent with the city’s master plan.
The master plan has been recently adopted and this area has been studied
at length regarding the desired zoning for this area. This parcel is at the crossroads of three
zoning districts. It would be contrary
to goal #10 of the master plan.
Conditions have not changed since the zoning ordinance was adopted that
justifies the amendment. It is still
identified as office service in the future land use plan. The approval of this zoning would not
constitute spot zoning. Staff feels this
zoning would grant special consideration to the property owner in this
area. The future land use plan, adopted
in 2007, identifies this property as Office Service. It is up to the Planning Commission to
identify the boundary between the Office Service and Community Commercial
zoning. The staff recommendation is for
denial of this petition and to maintain it as Office Service zoning.
Rich Fosgitt, Wilcox Professional
Services, represented the petitioner, Bennett Construction. The property in question tonight is on a
parcel where the zoning is split on the parcel.
The area they are asking to be rezoned is entirely surrounded by
property owned by the petitioner, except for MCVI, who is in support of this
zoning petition. The area along the
south side of W. Wackerly Street, has been zoned commercial. All of the uses in the existing facility on
the corner of Jefferson and Wackerly are permitted in Neighborhood Commercial
zoning. The only reason they have not
asked for Neighborhood Commercial zoning for this area is that there is no
other Neighborhood Commercial zoning in this area. In Mr. Fosgitt’s opinion, the proposed
amendment is consistent with the city’s master plan. They are not infringing upon anyone else’s
property by this change in zoning. Mr.
Fosgitt agrees that the proposed amendment is in accordance with the intent and
purpose of the zoning ordinance.
Bennett’s would like to finish the development of this area. Office service property cannot be financed at
a local bank as there is a lot of that type of property that is vacant in the
city right now. He feels the conditions
have changed sine the zoning ordinance was adopted that justifies this
amendment.
No one spoke either in favor of or
in opposition to this rezoning request.
The public hearing was then closed.
d. Zoning
Petition No. 548, initiated by Wilcox Professional Services on behalf of Thomas
and Lorna Fryer and David and Kathleen Jackson for property located at 102,
104, 110 and 114 West Buttles Street from Office Service to Downtown zoning.
Mr. Poprave showed the subject
property, between Ashman and Gordon Street.
The current zoning map shows the subject property consumes about half of
a city block. The existing land use maps
shows a wide range of residential and office service uses, in addition to some
institutional uses. The new master plan,
which was just adopted, includes these parcels in the Downtown zoning district. The present site has a couple of office
buildings on it. Across the street to
the south in the parking lot for Midland County. The petition is consistent with the city’s
master plan. Adding the downtown
classification would help goal #6 in this area.
By encouraging the expansion of the downtown would certainly meet the
goal of perpetuating the Downtown zoning district. The petition is in accordance with the
recently adopted zoning ordinance. The
adjacent zoning to the south is already downtown, so this is not a spot zone. The proposed zoning is consistent with the
future land use plan. Residential uses
will still be permitted on upper floors within new development.
Rich Fosgitt, of Wilcox Professional
Services, stated this zoning petition falls within the city’s master plan and
the proposed land use plan.
Shanta Heilman, 510 Gordon Street,
asked the Planning Commission to explain the restrictions of this rezoning
petition. When she first moved in, all
of her block contained houses. Now
several of them have been torn down. She
used to have very little traffic noise, but since the surrounding houses have
been torn down, she has a lot of traffic noise at her house. Mr. Baker stated that there are a number of
permitted uses in the Downtown zoning district.
No one else spoke either in favor of
or in opposition to this zoning petition.
The public hearing was closed.
e. Zoning Text Amendment No. 146A, initiated by
Wilcox Professional Services, to consider the maximum height of the principal structure change from 28
feet to none in the Downtown zoning district in the City of Midland Zoning
Ordinance.
Mr. Baker stated this is a request
to change the height limit from 28 feet to unlimited height in the Downtown
zoning district. The proposed amendment
is consistent with the city’s master plan.
A goal of the city’s master plan is to expand the downtown zoning
district. This rezoning would meet this
goal. Conditions have changed since the
zoning ordinance was adopted due to the adoption of the new master land use
plan. The prior zoning ordinance did not
have a limit on the height of buildings in the downtown zoning district. There are a number of buildings in the
downtown that do exceed the 28 feet height including the Midland County Office
Building and Riverside Place. The
amendment will not result in unlawful exclusionary zoning. Staff recommends approval of this zoning text
amendment. The Fire Department will
prepare a formal communication with the Planning Commission, stating their fire
apparatus can reach between five and seven stories high so the taller buildings
in the Downtown Zoning District would not propose a problem to fire
suppression.
Rich Fosgitt, Wilcox Professional Services,
stated they looked at things that might need to be changed in order for
development to occur downtown. They had
a choice of requesting a zoning text amendment or going to the Zoning Board of
Appeals. Since this is a zoning
ordinance issue, they decided to request a Zoning Text Amendment. The current limit of 28 feet means they can
only build a 2-story building downtown.
He thinks something like a four or five-story building would be an
appropriate limit for buildings downtown, if there were to be a limit set.
No one spoke either in favor of or
in opposition to this request. The
public hearing was closed.
4. Public Comments (not related to agenda items)
None
5. New Business
None
6.
Old
Business
None
7.
Communications
Commissioners received their current copy of the Planning and Zoning
News.
8. Report of the Chairperson
Ms. Svenson attended a class and received
her master citizen
planner certificate.
9. Report of the
Planning Director
February 11th
ACTION ITEMS
1.
Site Plan No. 272
from Bartow & King Engineers, Inc., a request for site plan review and approval
for a 2,926 square foot beauty salon at 605 East Wackerly Street. (Approved)
2.
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) (Approved)
February 25th
ACTION ITEMS
1. Revisions to Ordinance
1585 of the Midland Zoning Ordinance.
February 26th
PUBLIC HEARINGS
1. None
ACTION ITEMS
1. Site Plan No. 273 from Rowe Incorporation on behalf of
Midland Community Center, a request for site plan review and approval for a
14,940 square foot Curling Center at 2001 George Street.
2. Zoning
Petition No. 546, initiated by Alexander Irigoyen on behalf of Rapanos
Enterprises for property
located at 4228 Bay City Road from Regional Commercial to Community
Commercial.
3. Zoning
Petition No. 547, initiated by Bennett Construction to rezone property at 221 West Wackerly
Street from Office Service zoning to Community Commercial zoning,
4. Zoning
Petition No. 548, initiated by Wilcox Professional Services on
behalf of Thomas and Lorna Fryer and David and Kathleen Jackson for
property located at 102, 104, 110 and 114 West Buttles Street from Office
Service to Downtown.
5. Zoning
Text Amendment No. 146A, initiated by Wilcox Professional Services, to consider the maximum height of the principal
structure change from 28 feet to none in the Downtown zoning district in the
City of Midland Zoning Ordinance.
February Zoning Board of Appeals meeting
has been canceled.
None
February 25, 2008 is the next regularly scheduled
The Mid Michigan Energy Station site plan public hearing has been
scheduled for the Tuesday March 11, 2008 Planning Commission meeting.
The 2008 PC/ZBA Training Retreat has been scheduled for Saturday April
12, 2008 at Dow Diamond. The session
will run from 8:30 a.m. to approximately 1:00 p.m. Topics will include a State of the City from
City Manager Jon Lynch, meeting etiquette and information from the City
Attorney & MCTV and keynote session on Access Management from LSL
Planning.
10. Adjourn
Adjournment at 9:02 p.m. was unanimously approved.
Respectfully submitted,
Keith Baker, AICP
Planning Director
MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING
COMMISSION