MINUTES OF THE MEETING OF THE MIDLAND CITY PLANNING COMMISSION

WHICH TOOK PLACE ON TUESDAY,

APRIL 28, 2009, 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:    None

OTHERS PRESENT: Cindy Winland, Consulting Planner; Cheri King, Community Development Specialist, and 7 others.

 

2.   Approval of Minutes

Moved by Hanna, seconded by Brown, to approve the minutes of the regular meeting of April 14, 2009 as written. Motion passed unanimously.

 

3.   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.

 

            Ms. Winland showed an aerial photograph of the subject property.  It is located between S. Saginaw Road, Sauve Street, Bay City Road and Burgess Street.  The surrounding land uses are heavy industrial to the north and single family residential roughly surrounding on the east and the south.  The current zoning is Regional Commercial.  There is Regional Commercial in the vicinity as well as some Industrial.  The future land use map shows this as becoming Industrial in the future.  The petition is to change this zoning from Regional Commercial zoning to Industrial A.  There are 10 criteria to consider.  This zoning change is consistent with the city’s Master Plan.  It will be in accordance with the intent of the Zoning Ordinance.  Conditions have not changed since the Zoning Ordinance was adopted.  This rezoning will not apply special conditions to one person.  The amendment does not result in unlawful exclusionary zoning.  It is consistent with the future land use plan.  It does not set an inappropriate precedent and it is consistent with the zoning classifications of some of the surrounding land, although there are some residential uses in the surrounding areas.  All of the requirements of the Zoning Ordinance can be applied to the land to be rezoned.  Staff recommendation for this rezoning is a recommendation of approval as it is consistent with the master plan.

 

            Jack Kienbaum, Three Rivers Company Project Manager for this project, of 3695 Vantage Point Drive, stated that the property owner wants to consolidate his property into all the same zoning district.  Mr. Eyre asked about the location of the residential properties in this area.  Mr. Kienbaum stated there is a single family residence in the southeast corner, in the northeast corner, and a couple residences to the north of this property. 

 

            Tom McCann, 3310 Jefferson, spoke in opposition to this rezoning request.  He stated that when someone comes before the Commission with a rezoning request, they have a particular purpose in mind.  Mr. McCann showed a photograph of the back of the subject property as it exists today.  This has existed for as long as these property owners have been there.  There are about six inches of standing water in the outlawn area.  Mr. McCann showed a photograph of the house that is 50-60 feet across the street from the subject property.  These people have to look at the “mess” across the street.  It is a health hazard.  There are raccoons and other animals.  Mr. McCann even went out this morning to take a look at the property to see if they had cleaned it up at all since the first public hearing.  They have not.  Ms. Svenson stated that these comments are not pertinent to the rezoning request.  Mr. Gaynor stated the city has issued them an ordinance violation and the company is committed to cleaning up this area. 

 

            Mr. Kienbaum stated his client has received a letter from the city and they have made a commitment to clean up the area, in accordance with the letter.  They are also going to put vinyl slats in the fence so the areas outside the building are not visible to the surrounding properties.  They will be placing a 6-foot fence on the property to obscure the vision of their exterior yards. 

 

            No one else spoke in favor or opposition to the rezoning petition.

 

            The public hearing was closed.

           

4.  Public Comments

     

      None

 

5.   New Business

 

      None

 

6.  Old Business

 

     

      a)   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.

 

            Ms. Winland showed an aerial photograph of the property, which is located at the corner of Fast Ice Drive and Bay City Road.  It is just to the north of the Ice Arena.  The existing land uses are shown as public/semi-public with the Ice Arena and Midland County Jail.  The zoning of this is Regional Commercial.  The future land use is shown as commercial.  There has been one change in the site plan since the public hearing two weeks ago.  The changes include an overhang and two traffic islands have been combined.  The number of parking stalls has not changed.  The overhang meets all the requirements regarding size and clearance underneath. 

 

            Rick Keith, Wolgast, Corporation, 1494 North Graham Rd, Freeland.  The drive around the island is 26 feet wide.  It does work with two-way traffic as the aisles are wide enough.  One way traffic with the ability to drop people off on the building side of the vehicle would be a good suggestion.  Mr. Mead suggested that be made a one-way drive as the passenger being dropped off would likely be on the passenger side of the automobile.  Mr. Keith stated they plan to comply with all the contingency items recommended by city staff.

     

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

            Site Plan No. 289 from NPS Investors, LLC for site plan approval of a 21,138 square foot medical office located at 501 Fast Ice Drive with the contingency items 1-9, as presented. 

 

      1.   The Storm water 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.   All irrigation systems will comply with the City of Midland Water Department specifications.

      8.   The sidewalks on Fact Ice Drive and Bay City Road shall remain.

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

 

      Vote:

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

      NAYS:       None

      ABSENT:  None

 

      Motion approved 9-0.

 

b)   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. Kozakiewicz requested to be allowed to abstain from this petition as his company is the contractor for this project.  Motion by Senesac, seconded by Mead, to allow Mr. Kozakiewicz to abstain.  Motion unanimously approved.

 

            Ms. Winland showed the subject property on Sauve and Burgess Streets.  The existing land use is primarily industrial with some surrounding single family land dwellings in the area.  The zoning shows this area as Regional Commercial with Industrial zoning to the west and south.  The future land use map shows the entire area becoming Industrial in the future.  It is pipe supply warehouse.  There have been two contingency items added since the public hearing which are shown as items #8 and #9.

 

            There is a letter from the Macomb Group stating they are committed to cleaning up the property.  There is also an e-mail in the packets that also states their commitment to this end.  They are also planning to install some landscaping in this area to make it more attractive.  Ms. Hanna asked about the standing water in this area. 

 

            Mr. Kienbaum stated that the entire perimeter of the property will be fenced so no one will have easy access to the pond or to the property.  At worst case scenario, the pond will only be five feet deep.  Mr. Kienbaum stated this is in a far corner of the property and there will not be people working around this.  The pond is large enough to handle runoff from any future construction.  It will not contain five feet of water year-round. 

 

            Ms. Brown stated that they have a contingency about cleaning up the east side of the property.  Mr. McCann’s photograph showed the view of the south side of the property.  Mr. Kienbaum stated they will be cleaning up the entire area.  The privacy fence they will be installing will be 6-foot chain link fence with slats around the entire property. 

 

            Tom McCann, 3310 Jefferson Avenue, stated he has spoken before in opposition to this request.  This area is unsightly and has been this way.  It is directly across the street from one of his rental houses.  They will be building within about six or seven feet from the house.  If the rats, skunks and raccoons are now sixty feet away, he would hate for them to be six or seven feet away.  This morning at 8:00 a.m. the water was probably three-quarters of the way across the road, nearly on the grass of his house.  What bothers Mr. McCann is, if this scene can occur directly across the street and nothing happens, and then, if a tenant parks on the grass of his house, he receives a citation.  Mr. Kienbaum made a remark that they were going to put cyclone fencing around this property with slats.  Mr. McCann remembers about seven years ago that it was voted on by the Commission not to have cyclone fence with the vinyl slats.  Please give consideration to the people across the road in the house that have to look at that fence. 

 

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

 

            Ms. Winland stated the staff recommendation was that a wooden or vinyl fence be constructed for screening in this area.

 

            Mr. Kienbaum stated that the 6-foot high vinyl fence has been discussed and it does meet the requirements of the Zoning Ordinance.  They plan to place a 6-foot high cyclone fence with the vinyl slats.  If the contingency is made for a wooden or vinyl fence, they would be acceptable to that recommendation.

 

            Ms. Winland read the section of the Zoning Ordinance pertaining to the construction of obscuring walls and fences. 

 

            Motion by Mead, seconded by Brown, to recommend to City Council approval of Site Plan No. 290 from the Macomb Group for site plan approval of a 9,191 square foot expansion of a pipe supply warehouse located at 3137 South Saginaw Road with the contingency items 1-9 as presented, with the exception of #8 that currently states that the east side of the property be cleaned up.  He would like that to say that “the property” shall be cleaned up.  This will include the entire property.  Ms. Brown asked that they include in #9 that a wooden or vinyl privacy fence, maximum allowed height, be installed that will obscure the vision from adjacent residential parcels.    

 

      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.

      8.   The property be cleaned up and cleared of any outdoor storage of trash, litter, debris prior to issuance of a building permit.

      9.   A wooden or vinyl privacy fence be installed at the maximum permitted height to obscure the view of adjacent residential parcels.

 

Mr. Senesac stated that Mr. McCann brought up some good concerns about the residential properties in this area.  He believes the site plan meets all the criteria.  Mr. Eyre stated he agrees with Mr. Senesac.  He thinks the unsightliness could have been dealt with a long time ago, but no one did that.  Ms. Svenson stated she is basically in agreement with the motion and the contingency items.  However, what happens if the residential uses change?  Mr. Mead stated the contingencies are a matter of convenience currently.  Down the road, things might be different.  The residential parcels might be bought and converted to a more intensive use.

 

Vote:

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

Nays:  None

Abstain:  Kozakiewicz

 

Motion approved 8-0.

 

7.   Communications

 

      “Planning and Zoning News” was distributed at the meeting.

 

 

8.  Report of the Chairperson  

 

      None

9.  Report of the Planning Director

 

None

 

10. Adjourn   

 

      Adjournment at 8:00 p.m. was unanimously approved.

Respectfully submitted,

 

 

 

Cindy Winland

Consulting Planner

 

MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION