MINUTES OF THE MEETING OF THE MIDLAND CITY PLANNING COMMISSION
WHICH TOOK PLACE ON TUESDAY,
FEBRUARY 23, 2010, 7:00 P.M.,
COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN
1.
Roll Call
PRESENT: Brown,
Hanna, King, Mead, Pnacek, and Stewart
ABSENT: Eyre and Senesac
VACANCY: One
OTHERS PRESENT: Keith Baker,
Planning Director, Cheri King, Community Development Specialist, Cindy Winland,
Contract Planner, and 9 others.
2. Approval of
Minutes
Moved by Hanna, seconded by Pnacek,
to approve the minutes of the workshop and the regular meeting of February 9, 2010
as written. Motion passed
unanimously.
3. Public Hearing
Shawn
Pnacek disclosed that the company he works for has the contract for
construction of the facility to be located on this property. Motion by Mead, seconded by King, that Mr.
Pnacek be allowed to abstain from deliberations on
this petition. Motion carried 5-0.
Mr.
Baker presented the background of Zoning Petition #564. It is initiated by Fast Ice Development, LLC
for property located at 218 Fast Ice Drive.
The parcel is approximately 4.0 acres in size. It is currently zoned Agricultural. The petitioners are requesting it be rezoned
to Limited Commercial, Manufacturing and Research (LCMR) zoning. The site in question is located on Fast Ice
Drive, south of Bay City Road. The
city’s ice arena is located in this area.
The adjoining site currently has the Apothecary Shoppe pharmaceutical
facility to the southwest of this property and the Midland County Jail facility
to the southeast. The petitioner’s site
is currently vacant. The surrounding
area has seen significant change within the last two to three years. The Planning Commission shall review this
petition in accordance with Section 30.03 of the Zoning Ordinance. They must address the “ten question test”.
·
Is the proposed amendment consistent
with the city’s Master Plan?
·
Will the proposed amendment be in
accordance with the intent and purpose of the Zoning Ordinance? Staff believes it will.
·
Have conditions changed since the Zoning
Ordinance was adopted that justifies the amendment? Yes, the Zoning Ordinance, adopted in 2005,
created the LCMR zoning district. There
has been significant development in this area since the zoning ordinance was
adopted. Other properties in this area
are zoned LCMR.
·
Will the amendment merely grant
special privileges? No, staff believes
it will not.
·
Will the amendment result in unlawful
exclusionary zoning? No, the rezoning
will continue a pattern for development of parcels in this area as other
parcels have been rezoned to this classification.
Mr.
Baker showed an aerial photograph from the city’s GIS system. The current zoning of two surrounding
properties is LCMR for both the Apothecary Shoppe and Columbia Pipe. At Bay City Road and Fast Ice Drive, there is
Community Commercial zoning for a medical office facility. The LCMR District is in keeping with the
Future Land Use map, which designated this area as light industrial or LCMR,
except for the “public” future land use classification.
The
amendment will not set an inappropriate precedent and is consistent with the
zoning classification of the surrounding land.
The proposed zoning is consistent with the future land use designation
of the surrounding land in the city’s Master Plan. All requirements in the proposed zoning
classification could be complied with on the subject parcel. The proposed zoning is consistent with the
trends in land development in the general vicinity of the property in
question. Staff believes that this
rezoning request is consistent with the Future Land Use map which identifies
the area as appropriate for “Light Industrial” development. Staff recommends approval.
Elaine
Rapanos, 1400 Avalon Street, represents Fast Ice Development, LLC. Mrs. Rapanos stated she appreciates all the
development in this area and thinks it will benefit this community. Ms. Brown asked about what will eventually be
developed on this property. Mrs. Rapanos
stated it will be a non-profit that will represent six counties. She is glad they want to locate here in
Midland.
No
one spoke against or in favor of the petition.
The
public hearing was closed.
b. Zoning
Petition No. 565 initiated by Consolidated Graphics Property 2, for
property located at 1321 East Wackerly Road from Lincoln Township zoning to the
City of Midland Industrial A zoning classification.
The
petitioner has asked that the Planning Commission take action on this petition
at the meeting tonight.
Mr.
Baker presented Zoning Petition #565, initiated by Consolidated Graphics,
located at 1321 E. Wackerly Road. It is
approximately 18.4 acres in size. It is
currently zoned B-2 in Lincoln Township.
It is the current site of the Hangtime Sports Facility. The site in question is located on the north
side of E. Wackerly Road, adjacent to the south side of US-10
right-of-way. It is just west of Stark
Road. There is a MidMichigan Medical
Center Home Care Center to the south, commercial storage units to the east and
a concrete contractor further to the east.
The properties to the east, west and north are still a part of Lincoln
Township. This property was allowed to
annex into the city as the property to the north, across US-10 is also in the
city.
The
property was annexed by the Midland City Council on February 22, 2010. The petition was initiated to facilitate the
relocation of the McKay Press facility to this site. The Planning Commission shall review this
petition in accordance with Section 30.03 of the city’s Zoning Ordinance.
The
site in question is zoned B-2 in Lincoln Township’s zoning. It is surrounded by Light Industrial in Lincoln
Township. The Lincoln Township Future
Land Use Map shows this property and the adjoining property being appropriate
for heavy industrial. The city’s Future Land
Use map was designed to coordinate with the surrounding township land use
plans. Staff feels the proposed
amendment is consistent with the city’s Master Plan. It is in accordance with the intent and
purpose of the Zoning Ordinance. The
proposed use can be conducted on this site.
Conditions have changed since the Zoning Ordinance was adopted in 2005
that justifies the amendment that indicates this area would be appropriate for
light industrial uses. The amendment
will not merely grant special privileges.
It will not result in unlawful exclusionary zoning. Any use permitted in this zoning district
would be allowed on this site.
This
zoning district is consistent with the surrounding township zoning. The city’s GIS system shows there is Regional
Commercial at the corner of Stark and Wackerly.
You have single family residential east of Stark Road. The Future Land Use Map shows commercial at
the interchange, residential extending toward N. Saginaw Road and the entire
area surrounding this property and to the north has been designated as light
industrial. This area is consistent with
the Future Land Use Map both of the city and of Lincoln Township. The site will meet setbacks, use
requirements, and parking. The amendment
will not set an inappropriate precedent.
The proposed zoning is consistent with the zoning classification of the
surrounding land. This rezoning request
is consistent with the Future Land Use map which identifies the area as
appropriate for “Light Industrial” development.
It is also consistent with Lincoln Township’s zoning map. Staff recommends approval of this petition.
The
petitioner has requested action by the Planning Commission at tonight’s
meeting.
Mrs.
Hanna asked Mr. Baker about a corner of the property that is quite dark on the
photograph in the Commission’s packet.
Mr. Baker stated this is a storm water detention area. The city’s Engineering Department is looking
at this area. Mr. Baker stated the
petition before the Commission tonight is for the rezoning of the property, not
a site plan review. The current site, as
it is, would not trigger a site plan review by the Planning Commission unless
they change some of the physical characteristics of the site. It is staff’s understanding
that they will just be adding a loading dock on the site.
Kevin
Strand, President of McKay Press and Robbie Ferguson, Vice President of
Consolidated Graphics of Houston, 5858 Westheimer, Suite 200, Houston, TX 77063 represented the petitioner. Mr. Strand stated McKay Press has been in
this community for quite some time and they would like to remain in this
community. They would like to remove
their facility from the residential and downtown districts to a newer facility
and have the opportunity to grow their business. They have many new devices coming in and they
look forward to growing their employment over the years. Many of their opportunities are coming
outside of the State of Michigan and they would like to employ people from this
area. They have annexed into the city so
they could have city water, sewer and fire support from the city. Mr. Ferguson stated they have been working on
what to do with McKay Press in an essentially obsolete building. They need to expand or move, one or the
other. They have looked at every option
imaginable and this seems like it would be the best opportunity for them in
this area. They would like to be in the
new facility in June or July. They
anticipate submitting for permits from the city around the first of April,
although this is still in the planning stages.
They are using the same engineer and architect that designed the existing
facility. The detention pond was an
existing pond that was already there.
They plan to reduce the size of the parking lot which will help with
storm water runoff. There are currently
409 parking stalls. They will not be
using anywhere near that number of parking spaces. Mrs. Hanna asked about noise. Mr. Strand stated that all the noise will be
self-contained in the building. They
have very light truck traffic so that should not be disturbing to the
neighbors. They currently exist in the
downtown area of the City of Midland today.
They have never had any complaints from the residents downtown that live
only a block and a half away from their existing facility.
Today
they employ 75 employees plus about 50 contract employees from Kelly Services. They would like to get that number up to
about 200 employees. Mr. Mead asked
about city services and landscaping, that would be covered in a site plan
review. Mr. Baker stated that they will
have to comply with engineering standards for the site. However, they are not adding parking, or
changing the site. Given the nature of
the site and location of this property, if this property were already in the
city, it would also not generate site plan review.
Scott
Walker, Executive Director of Midland Tomorrow, stated they have been working
with McKay Press for the past year and a half in order to keep them in the
region. They have looked as far south as
Flint and also north of here. They are
committed to this community and to this region.
However, their current building is over 100 years old and they need to
make some sort of decision. They would
like to expedite this project so they can get moved into their new facility and
expand their business. There are a
number of things that have to happen in order for this company to move. There are also things that have to happen to
the new facility before the move can happen.
There are utilities to take into consideration as well as planning and
building issues. This is why they are
asking for the expedited review.
Robbie
Ferguson, Houston, Texas, stated there are no other 90,000 sq. ft. facilities
available in this area. However, they
have been looking at other available facilities and also looking at closing
this facility. The Hangtime Sports
facility has only recently become available with the closing of their
business. They have a deadline with
their existing lease on their current facility.
Their goal is to keep the business here.
Their lease is up this summer so they have limited time to make a
decision.
Kurt
Partlo, 566 Chippewa Court, Sanford, is currently on the Board of Directors for
Hangtime Sports. Their Board is totally
in support of this change and they are pleased that the facility will be used
and that jobs will remain in this community.
The approval has been requested to be expedited as their initial closing
date for Hangtime Sports was February 20th. Hangtime Sports has to remove the floor. There is more than 60,000 sq. ft. of floor
that has to be removed and can be sold.
They do not want to begin this process until this deal is closed. They have some cement work that has to be
done for the new facility. Hangtime
Sports has announced that they will be open sporadically during the month of
March. They would like to expedite the
closing as soon as possible. There is about 100 tons of hardwood floors that has to be removed
and they would like to get started on this as quickly as possible.
Robbie
Ferguson stated they would not close on the deal until the zoning is
approved. Hangtime Sports will not begin
removing the floor until the deal is closed.
No
one else spoke against or in favor of the petition. The public hearing was
closed.
Motion by Pnacek, seconded by King to expedite this petition and
take action on it tonight. Mr.
Pnacek stated he is not a fan of expediting requests. We have a process and we need to follow
it. However, if all the components fit
the petition, the city Engineering Department has reviewed it and other
departments of the city will be reviewing the process, it complies with the
Future Land Use Plan; he does not see any reason to hold this up. His only concern was for the residential
property in the general area. Mr. Mead
stated he is generally opposed to expediting petitions. However, he does not think the Planning
Commission will have any additional information two weeks from now. He is concerned, however, about the building
plans, storm water management plans, or minor site adjustments. Mr. Baker stated these items would be
reviewed by staff. The only way it would
come back to the Planning Commission is if they made any changes to the site
that triggered “official” site plan review.
The issue before the Planning Commission tonight is whether or not this
site is appropriate for Light Industrial use.
Ms. Brown stated she agrees with Mr. Mead in that she does not believe
there will be any additional information regarding this petition in two
weeks. Mr. King stated he is more than
75 percent sure that he can support the rezoning because there have been no
negative comments from the surrounding property owners. He is also swayed by the fact that Mr. Walker
is here and he supports this project.
Mrs. Hanna stated she is also in favor of this because McKay Press has a
long history in this town and she would like to keep the jobs here, too.
Vote:
YEAS: Stewart, Brown, Hanna, King, Mead, and Pnacek
NAYS: None
VACANCY: One
ABSENT: Eyre and Senesac
c. 2010
Annual Zoning Ordinance Text Amendment Update
Ms.
Winland presented the 2010 annual Zoning Ordinance proposed text changes. The recommendation is to add a definition for
“Agent” – already written by the City Attorney.
These are all on the city’s website, as well. Another recommendation is to amend the definition
of “front lot line” to clarify that the orientation of a structure does not
impact the definition of the front lot line.
This recommendation is based on a Zoning Board of Appeals case. The orientation of the structure on the lot
does not determine which is the front lot line. A third recommendation is to amend the
definition
of “yard, front” to clarify that orientation of the
structure does not impact the definition of a front yard.
This
recommendation is to delete the definitions of “Animal, Farm” and “Animal,
Domestic”. Revise the definition of
“pet” to refer to “animal, domestic”.
Add definitions of “Animal: to include domestic, exotic, farm and
service animals.
Staff
is proposing to delete the definition of “sign” in the definitions section as
it is defined under the “sign” section.
We
are getting a lot of interest from residents regarding “small wind
facilities”. The
cutoff for a “small wind energy conversion system is the capacity of not more
than 25 kW and which is intended to primarily reduce on-site consumption of
utility power.” Staff has
recommended amending all districts to permit wind generation structures as
accessory structures.
Recommended,
is to amend the site plan review provisions to require provisions for bike racks. These would provide for parking spaces and
locking facilities for bicycles.
In
the “Signs” section, staff would revise the sign regulations for RC, IA, IB and
LCMR to permit two ground signs if one is a monument
sign.
A
definition has been proposed for outdoor wood burners. The change would define outdoor wood burners
and amend the list of accessory structure to prohibit in all districts. Outdoor wood burners would be prohibited in
all districts. This would prohibit these
in an exterior yard. The smoke is a
nuisance issue in an urban area.
A
proposed definition of solar facilities would be added and include the use of
solar power generating facilities as a use by right to the RC, IA, IB and LCMR
districts.
It
is proposed to remove “Group Day Care Homes” from the uses permitted as a
conditional land use in all residential districts and permit them by
administrative review. There have been
at least four cases within the past 18 months that have come before the
Planning Commission. This has been
recommended by state agencies that regulate these facilities.
There
are a few housekeeping items that need to be changed including a 15 day notice
for Zoning Board of Appeals cases, the fact that there is no more city and
township zoning law – it is all the same under the Michigan Zoning Enabling
Act.
No
one spoke either in favor of or in opposition to any of these zoning ordinance
changes. The public hearing was
closed.
4. Public Comments (unrelated to items on the
agenda)
None
5. Old Business
Zoning Petition No. 565 initiated by
Consolidated Graphics Property 2, for property
located at 1321 East Wackerly Road from Lincoln Township zoning to the City for
Midland Industrial A zoning classification.
Motion
by Mead, seconded by King, to recommend to City Council amending the zoning of
the property located at 1321 E. Wackerly Rd. from Lincoln Twp. B-2 to City of
Midland Industrial “A” zoning classification.
Vote:
YEAS:
Brown, Hanna, King, Mead, Pnacek and Stewart
NAYS:
None
VACANCY:
One
ABSENT:
Eyre and Senesac
Motion
carried 6-0.
6.
New Business None
7. Communications
Commissioners received the February
2010 issue of Planning and Zoning News in their packets.
8.
Report of the Chairperson None
9. Report
of the Planning Director
Staff
received many favorable responses to the work session held before the last
Planning Commission meeting. Mr. Baker
proposed another work session prior to the Planning Commission meeting of March
23rd. Issues to be discussed
include mini-pigs, a petition to re-open the discussion of the Future Land Use
map of the Jefferson Road/Commerce Drive transition area and zoning for
homeless shelters and soup kitchens. The
meeting would begin at 5:00 p.m.
10. Adjourn
Adjournment at 8:53 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