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
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.
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).
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.)
None.
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