MINUTES OF THE MEETING OF THE MIDLAND

WHICH TOOK PLACE ON TUESDAY,

JULY 22, 2008, 7:00 P.M.,

COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN

 

1.   Roll Call

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

ABSENT:    King

OTHERS PRESENT: Keith Baker, Planning Director; Cheri King, Community Development Specialist and 5 others.

 

2.   Approval of Minutes

Moved by Senesac, seconded by Hanna, to approve the minutes of the regular meeting of July 8, 2008. Motion passed unanimously.

 

3.   Public Hearing

 

      Chairman Svenson explained the public hearing process.

 

      a.   Site Plan No. 284 from Three Rivers Corporation on behalf of Senior Services – Midland County Council on Aging for site plan review and approval for a 11,132 square foot building located at 5000 North Saginaw Road.

 

            Dan Kozakiewicz asked to be allowed to abstain from discussion on this site plan as Three Rivers Corporation is his employer.  Motion by Senesac, seconded by Eyre, to allow Mr. Kozakiewicz to abstain from action on this site plan.  Motion passed unanimously.

 

            Mr. Poprave showed an aerial photograph of the subject property.  It is located north of North Saginaw Road and east of Dublin Avenue.  To the south is the current Council on Aging facility.  West of this parcel is vacant land, north of this parcel is a senior housing complex and to the east is a party store.  This property is zoned Office Service, as is property to the north.  Land to the east and west is zoned Regional Commercial and there is Community zoning to the south. 

 

            Three Rivers Corporation has petitioned for a site plan for an 11,132 square foot building.  This project will house an adult day care facility.  Adequate information has been submitted to the Planning Department.  Street frontage landscaping will require 17 trees and 125 shrubs.  The petitioner is providing 14 trees and 125 shrubs.  General site landscaping has a requirement for 20 trees.  The petitioner is saving 14 existing trees on the east side of the site.  There are credits assigned to each tree.  They have amassed 23 credits for trees on the site.  The building meets all the required setbacks.  Emergency vehicle access is sufficient for both ingress and egress.  There is one access point for this property off Dublin Avenue.  There is a contingency that they must obtain an easement from the property owner to the north as a portion of their driveway extends over onto the property to the north.  Sidewalks are already there both on the west and the south sides of this property.  The curb cut is at the safest place on the site – all the way to the north.  This is the reason for the encroachment onto the property to the north.  There are adequate utilities to service this site.  The site has a dumpster located on the north side of this building.  Electrical and mechanical equipment is identified on the site plan and it is proposed to be screened by various 6-foot fences and wall enclosures.  The east side, containing the stormwater detention area, is a swail type of basin.  Signage adheres to Article 8 of the zoning ordinance.  The parking lot is proposed to have the box style striping.  Contingency #7 talks about the under clearance being 14 feet.  This is for a canopy on the east side of the structure and this canopy does meet that standard. 

 

            Mrs. Hanna asked how the Fire Department will be able to get around this building when the dumpster is in the way on the side of the building.  Mr. Poprave stated the Fire Department has stated they have no concerns with this site plan.  Mr. Eyre asked about the curb cut from Dublin Avenue.  How far is that from the intersection of Dublin Avenue and N. Saginaw Road?  Mr. Poprave asked him to reserve that question for the petitioner. 

 

            Kristin Riddle, 3069 Vantage Point Drive, Midland, represented Three Rivers Construction, the petitioner.  She stated the front canopy elevation will be 14.2 feet and there is a proposed minimum of 14 feet.  The curb cut onto Dublin Avenue will be 200 feet from the intersection of Dublin Avenue and N. Saginaw Road.  The exterior will be brick.

 

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

 

            The public hearing was closed.

 

      b.   Zoning Petition No. 553 initiated by Nicolaos Rapanos for property located at 102 Fast Ice Drive from Agricultural zoning to Limited Commercial Manufacturing and Research (LCMR).

 

            Mr. Baker showed an aerial photograph of the subject property.  It is located on the northwest corner of Rockwell Drive and Fast Ice Drive.  The property to the south is the site for the new Midland County Jail.  The city’s Civic Ice Arena is located in this area.  A site plan has also just been approved for the Apothecary Shoppe in this area.  There is a manufactured home park to the east.  There are natural areas to the east and to the west.

 

            The property in question is currently zoned Agricultural.  The jail property is zoned Community, there is Regional Commercial property to the north, east and west, and Light Industrial property to the east.  The future land use map has identified all this area as light industrial.  The property in question is undeveloped.  The proposed amendment consistent with the city’s Master Plan.  There are two goals in Chapter 5 of the city’s Master Plan, including goal #1 and goal #5.  The proposed amendment will be in accordance with the intent and purpose of the Zoning Ordinance.  The zoning district LCMR is designated to provide support facilities to industrially zoned property.  There will be no outdoor storage in this district.  Conditions have changed since the Zoning Ordnance was adopted.  In 2007, the Master Land Use Plan was adopted.  The amendment will not grant special privileges to this petitioner.  The amendment will not result in unlawful exclusionary zoning.  It will not set an inappropriate precedent.  The proposed zoning is consistent with the zoning classifications of the surrounding land.  The proposed zoning is consistent with the future land use designation of the surrounding land in the city’s land use plan.  The zoning map shows there is Community to the south and LCMR to the west.  The LCMR district would be consistent with the activities that will take place at the new jail or at the Apothecary Shoppe.  All the requirements in the proposed zoning classification can be complied with on the subject parcel.  The proposed zoning is consistent with the trends in land development in the general vicinity of the proposed property.  Staff recommendation is for approval of this rezoning petition.

 

            Alex Irigoyen, 3717 Woodlawn, spoke on behalf of the petitioner.  On behalf of Nicolaos Rapanos, of Rapanos Enterprises, he is presenting this petition.  They have completed the construction of Fast Ice Drive and have facilitated the orderly development of the land in this area.  The subject parcel will be for an LCMR compatible use.  The location of this parcel is accessible by both Fast Ice Drive or Rockwell Drive to the west.  The business interested in building on the site is a family-owned company located in the mid-west.  Rapanos Enterprises has reserved the right to review the proposed site plan prior to the closing of the sale of this property.  The proposed company is Columbia Pipe and Supply, out of Illinois.  They are currently renting space in the James Savage Road facility and they have already outgrown this facility. 

 

            One telephone call was received in favor of this rezoning.  No one spoke in favor of or in opposition to this request.

 

            The public hearing was closed.


 

4.  Public Comments

     

      None

 

5.   New Business

 

Mrs. Hanna asked if we have any safeguard for agricultural land in our Master Plan.  Mr. Poprave stated that, in the City of Midland, agricultural land is a holding zone for future development.  City utilities are usually provided in these areas and then they are developed in a compact and orderly manner.

 

6.    Old Business

 

      None

 

7.   Communications

 

      Commissioners received the latest copy of the Planning and Zoning News.

 

8.  Report of the Chairperson  

 

     None

    

9.    Report of the Planning Director

 

CITY COUNCIL                                                                                                                 

         July 14th   

 

ACTION ITEMS        

 

a.    Site Plan No. 282 from MidMichigan Medical Center for site plan review and approval for a 101,410 square foot Harlow Bed Tower Expansion located at 4005 Orchard Drive.  (approved)

 

b.    Site Plan No. 283 from Three Rivers Corporation on behalf of Midland Equities, LLC for site plan review and approval for a 43,975 square foot building located at 215 Fast Ice Drive.  (approved)

 

c.    Zoning Petition No. 552 initiated by Three Rivers Corporation on behalf of Dublin Enterprises for property located at 4916 N. Saginaw Road, 4920 N. Saginaw Road and 5000 N. Saginaw Road from Regional Commercial to Office Service zoning.  (approved)

 

d.    Zoning Text Amendment No. 147A, initiated by Midland Circle Business Association, Inc., to consider the maximum wall and roof signs to change from 40 square foot to 100 square feet in the Circle zoning district in the City of Midland Zoning Ordinance. (approved)

 

July 21st    None.

 

August 11th

 

a)    Conditional Use Permit No. 30, the request of Joan Dukarski for a group child day care home located at 809 E. Sugnet Road.

 

b)    Conditional Use Permit No. 31, the request of Midland Country Club for a new clubhouse and a new pool/cabana building to be located at 1120 W. St. Andrews.

           

PLANNING COMMISSION

 

August 12th     

 

ACTION ITEMS

 

a.    Site Plan No. 284 from Three Rivers Corporation on behalf of Senior Services – Midland County Council on Aging for site plan review and approval for an 11,132 square foot building located at 5000 North Saginaw Road.

 

b.   Zoning Petition No. 553 initiated by Nicolaos Rapanos for property located at 102 Fast Ice Drive from Agricultural zoning to Limited Commercial Manufacturing and Research (LCMR). 

 

ZONING BOARD OF APPEALS

 

        July 15, 2008 Zoning Board of Appeals Meeting

 

a.    No. 08-07 – Midland Country Club for an area/dimension variance to allow the proposed clubhouse and pool cabana to exceed the building height requirements at 1120 West St. Andrews Road.  (approved to an average of 48 ft.)

 

b.  No. 08-08 – Andrew Lovell for an area/dimension variance to allow a fence to exceed the height requirements in the side street yard setback at 4205 Partridge Lane.  (denied)

 

c.  No. 08-09 – Kari McPhillips for an area/dimension variance to

     allow a home addition to encroach within the side yard  

     setback at 2804 Dartmouth Drive.  (approved to within 3 ft.)

 

PENDING ADMINISTRATIVE SITE PLAN REVIEWS

 

None.

 

DIRECTOR’S NOTES

 

August 12, 2008 is the next regularly scheduled Planning Commission meeting. 

 

Planning Commission packets are 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 7:45 p.m. was unanimously approved.

Respectfully submitted,

 

 

 

Keith Baker, AICP

Director of Planning & Community Development

 

MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION