MINUTES OF THE MEETING OF THE MIDLAND CITY PLANNING COMMISSION
WHICH TOOK PLACE ON TUESDAY,
SEPTEMBER 14, 2010, 7:00 P.M.,
COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN
1.
Roll Call
PRESENT: Ballard,
Brown, Hanna, King, Mead, Pnacek, Senesac and Stewart
ABSENT: Young (Mr. Young arrived at 7:10 p.m.)
OTHERS PRESENT: Keith Baker,
Planning Director, Cheri King, Community Development Specialist, Jerry Ladwig,
Police Chief, and 14 others.
2. Approval of Minutes
Moved by Hanna, seconded by Ballard,
to approve the minutes of the regular meeting of July 27, 2010 as written. Motion passed unanimously.
Moved by Mead, seconded by Hanna,
to approve the minutes of the special meeting of August 24, 2010 as written. Motion
passed unanimously.
3. Public
Hearings
a. Site Plan No. 296 from Gloried Homes on
behalf of Dr. McLaren for site plan review and approval for a 2,331 square
foot expansion of an existing dentist office located at 308 Northgate Drive on
.7 acres.
Mr.
Baker showed the aerial photograph of the subject property. It is located occupying two lots, as
proposed, on the north side of Northgate, between Wackerly Street and
Jefferson. It is close to the 555
Medical Office Building. The property is
zoned Office Service. Medical and dental
offices are permitted by right. The
property is surrounded by Office Service on three sides and by RA-4 on the
south side of Northgate. There are at
least two different duplexes under construction and several new home starts in
this area. The Wackerly Square project,
to the north, is also under construction.
The
addition is a proposed 2,331 square foot addition to an existing dental
office. There are several criteria which
are reviewed prior to the approval of a site plan. The proposed project does not impede
potential development on adjoining properties.
This particular project takes into consideration a significant amount of
landscaping and an increase in the size of the parking lot. The project meets all setbacks for the Office
Service zoning classification. There are
really no changes to the property as the proposed property for expansion was
previously grassy lawn. Emergency
vehicle access has been reviewed by the city’s Fire Department. The proposed developers have requested an
additional driveway approach. There will
be a one-way in and allow parking in the new parking lot. Vehicles would then circulate to the other
side of the driveway and exit through the west driveway, as a one-way out. They do provide for adequate space for
Dial-A-Ride and Fire Department access to the site. Pedestrian circulation will utilize the
existing sidewalk along the building and sidewalks will have to be installed
along the driveways. Thirty-two parking
stalls are proposed. They have submitted
a storm water management plan to the city’s Engineering Department. The petitioner has provided a photometric
plan for the building. The only new
lighting proposed will be mounted on the building. Utilities will be served
from the existing building. There will
just be a new connection for storm water.
There is a new dumpster location which is shown as being screened. No health or safety concerns were noted on
the site plan. This project will be
built in a single phase. There will be
no additional signage. Staff feels
approval of the site plan is warranted.
This is the public hearing, or the first hearing for this site
plan. Deliberation and action is
anticipated to occur at the next Planning Commission meeting September 28, 2010.
There
have been no public comments received regarding this site plan. Mrs. Hanna asked if there has been any
consideration given to using pervious surfaces for the parking lot. Mr. Baker asked her to defer that question to
the petitioner. Mr. Senesac asked that,
if the new driveway was not there, what did Mr. Baker think Dial-A-Ride and the
city’s Fire Department would say? Mr. Baker stated that one driveway is
allowed, but two can be permitted by the Planning Commission subject to
conditions. One of those conditions was
that they be a one-way in and a one-way out.
Mr. Senesac asked Mr. Baker to talk to the Fire Department about how
they would feel if there was only one driveway.
Mr. Baker stated there would be room on the site to turn around and exit
through the single drive approach but that he would seek confirmation from the
Fire Department.
John
McLaren, 2515 Hearthstone Circle, Midland is the owner of the property. Jim Cline, 4552 Vail Court, Auburn, is the
designer of the new site. Mr. Cline
stated that, if there is some reason they cannot accommodate all the storm
water on site, they would consider the use of pervious pavers on the site. The whole idea of having the two driveways
was to provide the opportunity to drop patients off. They would also lose a significant amount of
parking if the second drive is prohibited.
Delivery vehicles would also have to back up in the parking lot to turn
around if the second drive is prohibited.
Mr. Pnacek asked if there was room under the canopy for more than one
vehicle movement. Mr. Cline stated that
there was only room for one vehicle and any oncoming vehicles would have to
wait.
There
were no public comments either in favor of or in opposition to this
petition. The public hearing was closed.
b. Zoning
Petition No. 572, initiated by Schauman Development on behalf of Timothy
Pomranky, to rezone property at 4517 and 4521 Dublin Avenue from Industrial
A zoning to Residential B zoning.
Mr.
Baker showed an aerial photograph of the subject property. It is located to the west of Dublin and south
of Saginaw Road. The Pere Marquette Rail-Trail
abuts this site. The Trailside Senior
Center is across Dublin to the east of this site. The property in question is on the south side
of the Pere Marquette Rail-Trail right-of-way.
The property encompasses just over 13 acres. Properties to the west and south are
predominantly vacant. The large parcel
in this petition was formerly an auto-parts yard, which has been cleaned
up. It is essentially vacant at this
time. The property is currently zoned
Industrial A, as is the remaining triangular piece to the north. The property to the south is zoned LCMR. Homer Township is located west of the site. Property to the south becomes
residential. Further down Dublin you
have the three Countryside Estates residential subdivisions. There is Northwood University’s wooded
property to the east across Dublin from the site.
The
future land use map for this area shows it classified as appropriate for medium
density residential. Is the proposed amendment
consistent with the city’s Master Plan?
The Future Land Use map of the city’s Master Plan identifies this
property as medium density residential.
Medium density residential is defined in the Master Plan as housing that
has three or more dwelling units per structure and does not exceed nine
dwelling units per acre. Have conditions
changed since the Zoning Ordinance was adopted that justifies the
amendment? Yes, adoption of the city’s
Master Plan in 2007 changed the recommended use of these parcels as being
appropriate for medium density residential development.
Will
the amendment result in unlawful exclusionary zoning? No.
The rezoning would allow the permitted uses of the requested zoning
classification. Will the amendment set
an inappropriate precedent? No. The area is planned for medium density
residential and, with property site planning, has sufficient infrastructure to
accommodate this development. Is the
proposed zoning consistent with the zoning classification of the surrounding
land? No. The surrounding land is zoned for commercial
and limited research and manufacturing.
The zoning classification in Homer Township is industrial.
Is
the proposed zoning consistent with the future land use designation of the
surrounding land in the city’s Master Plan?
Yes, the future land use plan shows this area and all surrounding areas
to the south as Medium Density Residential.
The surrounding land uses are commercial to the north and vacant or
sparsely populated single family residential to the south and west. There are no apparent trends in land
development in this area that would be inconsistent with multiple family
dwellings.
Staff
recommends approval of the rezoning petition as presented given the
interpretation of the Future Land Use Plan.
A residential zoning classification and use are more consistent with the
area and Master Plan than the current Industrial zoning classification.
This
is the public hearing and first presentation of this petition. It is anticipated that the Planning
Commission will hold deliberations and make a decision on this rezoning petition
at their next meeting on September 28, 2010.
Ron
Schauman, Freeland, Michigan, is the petitioner. They have approximately 250 rental units
right now in Saginaw Township, Tittabawassee Township, and the City of Auburn. They have switched to more individual
units. The units have approximately 1300
square feet for 2-bedroom units, up to a 1740 square foot with a master bedroom
on the main floor and two bedrooms upstairs.
They are in the process of developing more in Saginaw Township yet this
fall. They are planning on between 80 and 84 units here. That is less than the 9 units per acre, as
described in the Zoning Ordinance.
There
were no public comments either in favor of or in opposition to this petition. The public hearing was closed.
c. Zoning
Text Amendment No. 152, initiated by the City of Midland, to address
medical marijuana in the City of Midland Zoning Ordinance.
Mr.
Baker stated Gerald Ladwig, the city’s Police Chief, will give the bulk of the
presentation. The public act that brings
us here this evening was adopted by the state’s electorate in 2008. There were concerns brought forward in 2009
regarding how to administer the new law.
For areas where the law does not address specific activities, how will
communities regulate the different aspects of the new law?
Jerry
Ladwig, Chief of Police, made the presentation regarding Medical Marihuana Zoning. This is strictly a zoning issue. The medical marihuana statute was voted into
law in November 2008. The Michigan
Department of Community Health was to issue regulations by April 1, 2009 to
implement provisions for registering legal users of medical marihuana. The Michigan Medical Marihuana Act does not
address dispensaries within the Act.
This has caused municipalities around the state to address the
issue. Most have issued a moratorium,
while 11 communities have acted to prohibit dispensaries. MCL 333.26426(4) (b) states that a primary
caregiver may only assist a qualified patient that is connected to them through
the department’s registration process.
The law states that each registered patient may have only one primary
caregiver. Each primary caregiver may
have no more than five registered patients. Each patient may have 2.5 ounces of
marihuana or 12 plants. Each caregiver
may have more than 2.5 ounces of marihuana or 12 plants for each patient for
which they are a caregiver.
The
law in Michigan does not address dispensaries or offer any regulatory system
for them. The Michigan Department of
Community Health interprets the law as saying that it is illegal to operate a
marihuana dispensary. The Midland Police
Department recognizes State Law as it pertains to registered patients and
registered caregivers. The use of
Medical Marihuana is permitted under State Law for these persons. There is currently no provision in Michigan
Law for Medical Marihuana Dispensaries.
Without such a provision, there is no way to ensure that the substance is
being handled properly. The City of
Livonia ordinance has made it clear what is not acceptable and has been used
statewide as a model. It is staff’s
opinion that it is in the best interest of the City of Midland to enact a
similar amendment to the Zoning Ordinance.
Mr.
Baker stated the first place in the Zoning Ordinance that would need to be changed
would be the definitions section. There
have been three models that have circulated throughout the State of
Michigan. The “do
nothing” model, where cities have chosen to do nothing about this law. There is the model where they are made “home
occupations” and provision for them is made in commercial districts. Proposed ordinance language was
presented.
The
city’s Master Plan goals include protecting the long term stability of
existing, quality neighborhoods, encouraging integration or mixture of
appropriate uses to create great places, promote a healthy, walkable
community. The Michigan Medical Marihuana
Act was passed following the adoption of the Zoning Ordinance, necessitating
this amendment. There was no need to
address the use of medical marihuana prior to the enactment of this law. The amendment is intended to clarify the unaddressed
subjects of distribution and use under the state statute and to recognize that
as an illegal substance under federal law, no person will be permitted to
operate a marihuana dispensary or co-op within the City of Midland.
Jerry
Ladwig stated the city has not spoken with the county law enforcement. The city has spoken with the County
Prosecutor’s Office and they are in complete support of this ordinance. Mr. Baker stated that there are bills being
introduced that will attempt to amend the act so there is a state-wide model
crafted and it isn’t left up to each individual community. The law is completely silent as to how the
end user obtains the marihuana. If a
pharmacy or dispensary would have the marihuana, they would most certainly lose
their license, according to Chief Ladwig.
The distribution of the controlled substance should be regulated by the
ordinance, along with other land uses within the community.
Only
one public comment has been received in favor of this request by Dr. Donald
Carlsen. Two representatives were in
attendance from Lee Township Planning Commission. They are in the process of re-doing their
ordinance and Master Plan and they are here to listen to the discussion. The
public hearing was closed.
4. Old Business
None
5. Public
Comments (unrelated to items on the agenda)
None
6. New
Business
a.
2011
Planning Commission meeting schedule
In keeping with
current practice, the 2011 calendar of Planning Commission meetings was
presented. Each Board and Commission of
the city is going through the process of approving their meeting times for the
2011 calendar year. Mrs. Hanna moved the
adoption of the 2011 calendar. Meetings
would be conducted on the second and fourth Tuesday of the month at 7:00 p.m. Mr. Pnacek seconded the motion. Motion passed unanimously.
7. Communications
The
Michigan Planner was distributed in the packets, to include information on the
upcoming conference.
8.
Report of the Chairperson
None
9. Report
of the Planning Director
Mr. Baker reported that Broadhead
Estates No. 3 final plat was approved by City Council at its meeting on
September 13th. Infrastructure is intended to be in place yet
this fall. In addition, Zoning Text
Amendment No. 151, regarding the allowance of mini-pigs as a conditional use
was acted upon by council. The City
Council voted 5-0 in favor of the Planning Commission’s recommendation of
denial of the proposed amendment.
A letter of resignation has been
received from Commissioner King, effective subsequent to the first meeting in
October, due to work conflicts. He is
involved with another local government in the area and they have meetings on
the fourth Tuesday of the month. Given
the pending vacancy, there is a process that the city goes through to fill
vacancies on Boards and Commissions. Those
applications will be reviewed and interviewed by City Council. That process will convene over the next few
months.
10.
Adjourn
Adjournment at 8:34 p.m. was unanimously approved.
Respectfully submitted,
Keith Baker, AICP, CFM
Director of Planning & Community Development
MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING
COMMISSION