MINUTES OF THE MEETING OF THE MIDLAND CITY PLANNING COMMISSION

WHICH TOOK PLACE ON TUESDAY,

APRIL 14, 2009, 7:00 P.M.,

COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN

 

1.   Roll Call

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

ABSENT:    Eyre and Kozakiewicz

OTHERS PRESENT: Keith Baker, Planning Director; Cheri King, Community Development Specialists, and 13 others.

 

2.   Approval of Minutes

Moved by Senesac, seconded by Brown, to approve the minutes of the regular meeting of March 24, 2009 as written. Motion passed unanimously.

 

3.   Public Hearing

 

      a)   Conditional Use Permit No. 34, the request of Greg Weckesser for the construction of a two-family home located at 1804 Harcrest Drive.

 

            Mr. Baker showed an aerial photograph of the subject property.  The property is located on the north side of Harcrest, just west of Eastman Avenue and just east of Thornberry Drive.  The property is currently vacant with condominium development to the west.  The zoning of this property is Office Service.  A conditional land use request is for a duplex in this area.  There is RA-4 zoning to the west and RA-1 single family to the south.  The majority of Eastman Avenue is Office Service.  The future land use plan map shows the property as office service development.

 

            A site plan from the petitioner shows a 2-unit duplex condominium on 0.37 acres.  The applicant has provided the necessary application information.  There would be no additional landscaping required.  There are existing trees and shrubs on the property.  Some of that would have to be cleared to accommodate the duplex unit.  A driveway is proposed for each of the single family units in the duplex.  There are no sidewalks on this side of Harcrest.  There will be no change in vehicular circulation.  There are no storm water permits or management plans required for single-family development.  No photometric plan is required for a duplex.  No additional screening is required for residential property.  The project is proposed to be built in a single construction phase.

 

            Discretionary standards include public health and safety issues, is the project compatible with surrounding uses, and the impact on traffic on surrounding streets.  Is project compatible with the Zoning Ordinance and the surrounding uses?  Staff’s recommendation is for approval with the condition that a 5’ public sidewalk is constructed the full width of the lot. 

 

            Ms. Hanna asked if either of the proposed driveways line up with the driveway across the street.  Mr. Baker stated he does not believe either driveway would be opposing the driveway across the street.

 

            Greg Weckesser, Midland, stated he has no presentation to make and he has no objections to putting in the sidewalk as requested by city staff.  Mr. Weckesser is requesting action be taken at the meeting tonight.  Mr. Weckesser stated he is going to put up a privacy fence on the east side. 

 

            No one spoke in favor or opposition to the site plan.

 

            The public hearing was closed. 

 

      b)   Site Plan No. 289 from NPS Investors, LLC for site plan review and approval of a 21,138 square foot medical office located at 501 Fast Ice Drive.

 

            Mr. Baker showed the subject property on an aerial photograph.  It is located at the southwest corner of Fast Ice Drive and Bay City Road, directly north of and adjacent to the city’s ice arena.  The Midland County Jail site is to the southeast.  As noted on the existing land use map, the property is vacant.  There is a residential parcel to the west.  The ice arena is to the south.  The property is zoned Community Commercial.  The proposed use for medical offices and clinic are in keeping with the intent of the current zoning district.  The future land use map shows the property as commercial.  There is public/community for the ice arena and the southern 1/3 of the property is industrial. 

 

            The site plan itself shows 21,138 sq. ft. on 1.34 acres.  The proposed project does not impede the development of surrounding properties.  The required landscaping was calculated on the size of the site.  A total of 42 trees and 143 shrubs are required.  They must add 17 additional trees to the site.  They have proposed additional trees and shrubs which will exceed the requirements of the Zoning Ordinance.  The site is relatively flat and is vacant.  There are scrub growth and trees on the property.  The site will mostly have to be cleared to facilitate this development.  No additional screening is required.  The Fire Department has reviewed the site plan for emergency vehicle access and found that there needed to be some adjustments to the turning radius for emergency vehicle access.  This site, as part of the development of Fast Ice Drive, has an entry point between the median and the petitioners are proposing to use the existing drive approach to this property, so there will be a single drive approach to this site.  Sidewalk exists already at this site both on Bay City Road and Fast Ice Drive.  Vehicular and pedestrian circulation is adequate both around the building and in the parking lot.  The site requires a minimum of 113 parking stalls.  In addition, 20% can be added for additional parking.  The site plan shows 113 parking stalls with five being handicap accessible.  The storm water management plan has been submitted to the city’s Engineering Department.  The site is not adjacent to residential property so additional screening is not required.  All exterior mechanical equipment must be screened in accordance with the Zoning Ordinance.  No health or safety concerns have been identified with this project.  The petitioner has identified one sign.  There is some concern about the location of the sign and this will be reviewed at the time of the permitting process. 

 

            Mr. King asked about the one-way section at the south end of the site.  Is there room for vehicles to drop people off and then drive off to park?  Mr. Baker stated there is not room there for a passing lane.  Mr. Gaynor asked about the location of the drainage system.  Mr. Baker stated this will be underneath the parking lot.  It is in the northeast corner of the parcel and will be all underground.

 

            Rick Keith, 1494 North Graham Road, Freeland, Michigan, 48623 spoke on behalf of the petitioner.  The drop-off and pick-up area is not a stacking area.  It is strictly for pick up of patients at this location.  It will be a one-story building with a pitched roof.  It will operate Monday thru Friday and employ 15 staff members at peak times and treat a maximum of 60 patients.   Mrs. Hanna asked if they had considered adding bike racks to the facility.  Mr. Keith stated he will mention that to the petitioner.  Mr. Gaynor asked about the drive on the north side of the site.  Mr. Keith stated that is just for turning around purposes.  Mr. Mead stated it seems like the water detention area seems small for this size development.  Mr. Keith stated they have done the calculations and turned in their proposals to the engineering department.

 

            No one spoke in favor or opposition to the site plan.

 

            The public hearing was closed.

 

      c)   Site Plan No. 290 from the Macomb Group for site plan review and approval of a 9,191 square foot expansion of a pipe supply warehouse located at 3137 South Saginaw Road.

 

            Mr. Baker showed an aerial photograph of the subject property.  It is located across the street from the Dow Chemical facility.  It is a series of existing parcels that have been acquired over time.  The existing land use shows it is currently utilized as industrial and commercial.  There is a residence across the street on Sauve Street and a mixture of commercial, industrial, and historically residential uses in this area.  The property is zoned Industrial and Regional Commercial.  The future land use map shows this area with commercial at the intersection of Bay City Road and Saginaw Road and Industrial zoning to the south and west.  This property is bounded by S. Saginaw Road, Sauve Street and Burgess Street.  The existing building on the site will be removed, along with an existing driveway and a couple of out-buildings.  The project itself is for an extension of the existing building.  It would include additional pavement for a drive and access to Burgess Street and contains a significant amount of additional storm water detention facility.  The proposed project is contained exclusively on the proposed site.  The landscaping plan has been provided since the staff report was written.  27 trees and 27 shrubs are required.  The project meets all the setback requirements for the Industrial “A” zoning district.  There is no height restriction in the light-industrial zoning district.  The building and site development are designed in a way so as not to interfere with the surrounding properties.  The Fire Department has reviewed the site plan for emergency vehicle access.  There are three fire hydrants that are in close proximity to this site, one on Burgess Street, one on Sauve Street, and one on S. Saginaw Road.  There is some question as to the amount of pressure available, however.  Pedestrian circulation includes sidewalk on S. Saginaw Road.  Based on the existing and new facility, they require 30 parking stalls.  They can have an additional 20%, which would allow 36 spaces.  They have proposed 35 spaces.  One of the major components of this site includes the redevelopment of the east and southeast portions of this property and the storm water detention areas.  A photometric plan has been provided.  There are seven new wall-mounted light fixtures that were added.  All necessary public services are available to this property.  No health or safety issues have been identified.  There is a recorded easement with the City of Midland on the south side of this property.  Staff’s recommendation is for approval of this site plan with 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 including the installation of 27 trees and 27 bushes.

      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 5.01D of the Zoning Ordinance and be delineated by the “box” style striping.

      6.   The location, access and flow of any proposed fire hydrants and water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.

      7.   That all exterior (roof or ground mounted) mechanical equipment shall be screened as required by Section 6.02(E) (2) of the Zoning Ordinance.

 

            Jeff Kienbaum, 3069 Vantage Point Drive, from Three-Rivers Construction, spoke on behalf of the petitioner.  He stated they are in agreement with all the staff recommendations and will comply with them.  Mrs. Hanna asked what the depth of the detention pond will be.  Mr. Kienbaum stated it will be five feet deep.  Mrs. Hanna was concerned about safety of this depth of water.  This is a pre-fabricated metal building with a truck entrance.  The east elevation shows a mirror image to the west elevation drawing.  To the south side, it is a solid building.

 

            Robert E. Miller owns the adjoining property to the south.  He is opposed to the detention basin.  He has a driveway that comes in close to the property line and is concerned about the location of this retention basin.  He said they have a very narrow street and an old sewer that runs through there.  He is not in opposition to the new building, but he also has concerns about the survey that was taken of this property.  Mr. Mead asked Mr. Miller where his property is located.  His property is to the southeast corner of this property.  He stated his calculations do not agree with the location of the stake.  They have a new water line on the street, however. 

 

            Tom McCann, 3310 Jefferson Avenue, stated he is normally in support of 99% of the projects.  However he is in opposition to this project.  Mr. McCann owns a house at 404 Burgess Street.  If you go out of the house and go 60 feet across the street, you see a “mess” behind a chain link fence.  This is also a haven for rats, raccoons, and anything else.  That is the north side of their property.  To the south side of their property, you can see their housekeeping is “something to be desired”.  There is only about six feet from the side of the house to their property line.  Mr. Baker stated they met the setbacks for industrial property.  It is Mr. McCann’s understanding that they will be coming before the Planning Commission at the next meeting to have the piece of property currently zoned Commercial to Industrial.  He is also not in favor of this rezoning petition.  Mrs. Hanna asked Mr. McCann if he had spoken with the petitioners about the view from his house.  Mr. McCann stated he called the petitioners but has received no response to this date. 

 

            Mr. Kienbaum stated the petitioner will install slats into the chain link fence so the debris is not so obvious to the surrounding properties.  He stated the fence will be about six feet high.  Mr. McCann stated that you can see through the cyclone fencing so, if this is granted, the least that should be required would be an 8-foot privacy fence.

 

            Gary Bartow, Fleis and Vandenbrink Engineering, 304 W. Wackerly Street, stated they did the survey of the property and it is accurate.  The detention pond and chain link fence will be located on the petitioner’s property.  The water line that is along Sauve Street and is 6-1/2 or seven feet inside the right-of-way of Sauve Street. 

 

            Mr. Mead asked Mr. Baker to check out the location of the existing water and sewer lines in this area.  Mr. Baker stated that notices had been sent out to properties within 300 feet of this property.  Comments were received from the individuals who spoke tonight, but there was also one additional communication in opposition to this site plan.  Mr. Baker stated the city has received concerns about the condition of the property and they can be dealt with by the Building Department staff. 

 

            No one else spoke in favor or opposition to the site plan.

 

            The public hearing was closed.

 

4.  Public Comments

     

      None

 

5.   New Business

 

      None

 

6.  Old Business

 

      a.   Site Plan No. 288 from Dow Howell Gilmore Associates, Inc. site plan review and approval of a 14,152 square foot addition to the Arnold Center located at 400 Wexford Avenue.

 

            Mr. Baker stated the property is located on Wexford, between Tibbs Street and Bayliss Street.  The project encompasses a 14,152 addition.  It is appropriately zoned.  At staff’s request, they did consolidate the drawings presented in the previous packet.  The additional landscaping is shown and the removal of the storage buildings.  All of the property is in the ownership of the Arnold Center.  One of the contingencies at the prior meeting was sidewalk along Tibbs Street.  This has now been shown on the site plan.  There are 62 parking spaces proposed.  They have extended the photometric plan to the property lines to bring it into compliance.  There was some discussion about the existing drive approaches on the east side of the property.  They have identified that there are bike racks currently existing on the east side of the building.  The landscaping plan and site lay-out plan have been combined into one drawing to show the site as a whole.  They are withdrawing the request to eliminate the dumpster gates so these gates are shown on the reviewed site plan. 

 

            Mr. Senesac stated the maximum parking spaces allowed are 61 and 62 spaces is shown on the site plan.  Mr. Baker stated they would have to eliminate one space or the Planning Commission would have to grant a waiver for that space.

 

            Viki Labrou-Betts, Dow Howell, & Gilmore, and Peter Anders, also from Dow, Howell and Gilmore.  They were there to answer any questions of the Planning Commission.  Mr. King asked about the access on Wexford being one way.  Ms. Labrou-Betts stated they are each 24 ft. wide and they have been used in this fashion for quite a number of years now. 

 

            Mrs. Svenson asked about the number of proposed parking spaces.  They would like to keep the extra space, if possible. 

 

            Staff recommends approval of the site plan with 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 5.01D of the Zoning Ordinance and be delineated by the “box” style striping.
  6. The location, access and flow of any proposed fire hydrants and water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.
  7. A sidewalk shall be constructed on Wexford to extend the existing sidewalk at the corner of Tibbs and Wexford to the entrance drive at the easternmost end of the site.
  8. The sidewalk on Tibbs Street shall remain.
  9. The total number of on-site parking stalls shall not exceed 61.
  10. That all exterior (roof or ground mounted) mechanical equipment shall be screened as required by Section 6.02 (E) (2) of the Zoning Ordinance.

 

      Motion by Mead, seconded by Gaynor, to recommend to City Council approval of

      Site Plan No. 288 from Dow Howell Gilmore Associates, Inc. for site plan approval of a

      14,152 square foot addition to the Arnold Center located at 400 Wexford Avenue with contingency items 1-10, as presented. 

 

      Mr. Mead and Ms. Brown stated they both support this site plan.  Mr. Senesac stated that, as this has been an ongoing situation, he is also in support of the site plan.  Mr. King and Ms. Svenson are also in favor of the site plan.

 

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

      NAYS:       None

      ABSENT:  Eyre and Kozakiewicz

 

      Motion approved 7-0.

 

      b.   Conditional Use Permit No. 34, the request of Greg Weckesser for the                          construction of a two-family home located at 1804 Harcrest Drive. 

 

Motion by Senesac, seconded by Hanna, to take action on this Conditional Use Permit No. 34 tonight, as no one spoke against it.  Mr. Gaynor stated he is opposed to this as he sees no compelling reason to act on this tonight.  Mr. Senesac stated that he normally is not in favor of acting on a plan the same night as the public hearing.  However, this plan is very straight forward and no one spoke against it in the public hearing.  If there is additional public comment, they would have the option of speaking at a public hearing that is required by City Council.

 

Vote:

 

Yeas:  Brown, Hanna, Mead, Senesac, and Svenson

Nays:  Gaynor and King

Absent:  Eyre and Kozakiewicz

 

Motion by Gaynor, seconded by Senesac to approve Conditional Use Permit No. 34 with the proposed contingency items.

 

Vote:

Yeas:  Brown, Gaynor, Hanna, King, Mead, Senesac and Svenson

Nays:  None

 

Motion approved 7-0.

 

7.   Communications

 

      “Planning and Zoning News” and the “Michigan Planner” were included in the commissioner’s packets.

 

8.  Report of the Chairperson  

 

      None


Report of the Planning Director

 

CITY COUNCIL                                                                                                                

 

April 13, 2009 

 

ACTION ITEMS

 

a)    Zoning Petition No. 557, initiated by the Planning Commission, to zone property at 6500 and 6501 Airport Road, located east of Stark Road and north of US-10, from Township zoning to Limited Commercial, Manufacturing and Research (LCMR) zoning.  (Approved)

 

b)    Zoning Petition No. 559, initiated by the Planning Commission, to zone property at 8506 Sturgeon Avenue from Township zoning to Residential A-1 zoning.  (Approved)

 

c)    Zoning Petition No. 560, initiated by the Planning Commission, to zone property at 4674 East Wheeler Street from Township zoning to Agriculture zoning. (Approved)

 

d)    Zoning Text Amendment 148A by the Planning Commission, to amend Section 22.02 (LCMR District) by incorporating additional “uses permitted by right.” (Approved)

 

April 27, 2009 

 

ACTION ITEMS

 

a)    Site Plan No. 288 from Dow Howell Gilmore Associates, Inc. site plan review and approval of a 14,152 square foot addition to Arnold Center located at 400 Wexford Avenue.

 

PLANNING COMMISSION

 

April 28, 2009

 

PUBLIC HEARING

 

a)    Zoning Petition No. 561 initiated by the Macomb Group for property located at 400 Burgess Street and 3137 South Saginaw Road from Regional Commercial zoning to Industrial A. 

 

ACTION ITEMS

 

a)    Conditional Use Permit No. 34, the request of Greg Weckesser for the construction of a two-family home located at 1804 Harcrest Drive. 

 

b)    Site Plan No. 289 from NPS Investors, LLC for site plan review and approval of a 21,138 square foot medical office located at 501 Fast Ice Drive.

 

c)    Site Plan No. 290 from the Macomb Group for site plan review and approval of a 9,191 square foot expansion of a pipe supply warehouse located at 3137 South Saginaw Road.

 

ZONING BOARD OF APPEALS

 

March 17, 2009 Meeting

 

No. 09-01 Kirk Dittenber for an area/dimension variance to build a 1,080 square foot storage structure at 1911 East Wheeler Street. (Denied)

 

No. 09-02 Mark Larsen for an area/dimension variance for a renovation to extend behind the front of the detached garage at 2209 Hillgrove Parkway.  (Approved)

 

April 21, 2009 Meeting

 

No. 09-03 – Michael A. Taister for a 10’ front yard setback area/dimension variance to remodel the existing structure at 4804 Russell Street.

 

PENDING ADMINISTRATIVE SITE PLAN REVIEWS

 

None

 

DIRECTOR’S NOTES

 

April 28, 2009 is the next regularly scheduled Planning Commission meeting.

 

Thank you to everyone who participated in the annual board and commission retreat on Saturday March 28, 2009.  There was great attendance by both the Planning Commission and Zoning Board of Appeals. Staff has received positive feedback about the facility and content. 

 

Cindy Winland, Crescent Consulting, is now assisting the Planning Department by providing professional planning services on Wednesday mornings.  Ms. Winland is also responsible for staffing the Zoning Board of Appeals and completing projects as assigned by the Planning Director. 

 

The Non Motorized Transportation Advisory Committee is nearing completion of its draft plan and will be scheduled for a Planning Commission presentation at some point in the near future.

 

The Planning Department continues to be busy with daily inquiries about zoning, floodplain and community development block grant projects. 

 

Mrs. Hanna asked if we could have a training session twice a year instead of once a year with so many new regulations occurring in our world today.


 

10. Adjourn   

 

      Adjournment at 8:47 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