MINUTES OF THE MEETING OF THE MIDLAND CITY PLANNING
COMMISSION
WHICH TOOK PLACE ON TUESDAY,
MARCH 12, 2013, 7:00 P.M.,
COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN
1. Roll Call
PRESENT: Heying, McLaughlin, Pnacek, Senesac, Stewart,
Tanzini and Young
ABSENT: Hanna, Mead
OTHERS
PRESENT: Brad Kaye, Director of
Planning and Community Development, Jeff Burdick, Community Development Planner
and twelve (12) others.
2. Approval
of Minutes
Moved by Senesac and
seconded by Heying to approve the minutes of the regular meeting of February 26,
2013. Motion passed unanimously.
3. Public Hearings
None
4. Old Business
a. Site Plan No. 314 – initiated by MLR Engineering on behalf of Niche Properties for site plan
review and approval for an expansion at the Twilight Motel, located at 4659
South Saginaw Road.
Brad Kaye provided a brief overview of this case. He reviewed previous concerns that the
Planning Commission and staff had with the site plan and outlined changes that
the applicant has made to the site plan to address those concerns. At the Public Hearing for this case, concerns
were also raised about children not having a safe place to play and it was
suggested that a play area be included on the site plan. This play area has not
been included, as the applicant informed staff that their rental policy is not
to rent to individuals with children. The
problems experienced last summer were due to a tenant that had mislead the business owner. Kaye stated that if the
Commission believes the technical standards for site plan approval are met,
then staff recommends that this site plan be recommended for approval.
Commissioner Senesac stated that shortening the building or reconfiguring
it would allow the room to utilize the existing driveway access point, thus
reducing the need for an additional access point onto Saginaw Road.
Commissioner Heying noted that a storm water detention area is not shown
on the site plan. Brad Kaye stated that
the City Engineering Department has reviewed and approved the site plan, but
that the applicant’s engineer can speak to this point in greater detail.
Mike Rybicki, the engineer for this project, explained that the City’s
Engineering Department determined that storm water detention is not necessary
on this site. He also reiterated that
the Midland County Road Commission has approved the proposed additional
driveway access point onto Saginaw Road.
Commissioner Senesac expressed concern about the number of driveway
access points and noted that this does not meet the City’s goal for limited
access points from major roadways.
Commissioner Heying stated that he visited the site and that it appears a
lot different in the winter than it does in the summer. He noted that visibility is reduced in the
summer due to foliage on the trees. He
noted that this site plan depicts a development that is out of scale with the
size of the property and with the surrounding properties. Although the property is zoned to permit this
size of development, he is still hesitant that this is the best design for the
site.
Commissioner McLaughlin also expressed concern about increasing the
number of access points onto Saginaw Road.
He noted that the site could be redesigned to allow more green space and
reduce the number of access points. Brad
Kaye
informed the Commission that in the Standards for Site Plan Approval
(Section 27.06 of the Zoning Ordinance) the vehicular and pedestrian
circulation layout standard states that an applicant may be required to limit
street access points in order to ensure public safety and promote efficient
traffic flow.
Commissioner Pnacek stated that the applicant made revisions to the plan
and that he is comfortable with the fact that the County Road Commission
approved the proposed driveway access points.
Motion by Senesac and seconded by Young to recommend to City Council the
approval of Site Plan No. 314 initiated by MLR Engineering on behalf of Niche
Properties for site plan review and approval for an expansion at the Twilight
Motel, located at 4659 South Saginaw Road with the following contingencies.
1. All outstanding information identified in the Planning Staff report shall
be provided.
2.
Written confirmation shall be received from the City
Fire Department confirming that the site plan satisfied their emergency vehicle
access requirements.
3.
A landscaping plan demonstrating compliance with the
standards of Article 6 shall be provided to the satisfaction of the Planning
Department. Buffer landscaping shall be
installed prior to site work unless deferred in writing by the City Planning
Department.
4.
Storm water management permit fees shall be paid
prior to any site work commences.
5.
An updated photometric plan shall be submitted
demonstrating compliance with Section 3.12 of the Zoning Ordinance.
6.
All exterior signage shall comply with Article 8 of
the Zoning Ordinance.
7. A soil and sedimentation control plan shall be submitted.
Vote:
YEAS: Pnacek, Stewart, Tanzini and Young
NAYS: Heying, McLaughlin, Senesac
ABSENT: Hanna and Mead
Motion
passed 4-3.
b.
Zoning Petition No. 584 – initiated by Prodo, Inc. to rezone property at 400/410 North Saginaw Road
from Residential A-1 zoning to Residential B zoning.
Brad Kaye provided a brief overview of this case. He stated that the applicant has presented a
conditional zoning offer in writing to the Planning Department. The offer includes the following:
- Limit uses to 4 duplex
buildings.
- Exclude all other uses permitted
in Residential B zoning.
- Maximum of one driveway.
- Screening on all three sides of
property.
Kaye explained that conditional zoning offers must come in writing from
the applicant, and cannot be required or requested by the city staff, the
Planning Commission or City Council.
This conditional zoning offer meets these standards and can therefore be
considered in deciding on this petition.
As a result of the conditions offered, some of the staff’s responses to
the general evaluation criteria for rezoning have changed. Previously, the staff’s response to the
general evaluation criteria point of whether the proposed amendment is
consistent with the City’s Master Plan was possibly. With the conditional zoning offer, the
staff’s answer has changed to yes. Four
duplex dwelling units would be consistent with the Medium Density Development
guidelines of the Master Plan, in that it would create a residential density of
6.3 units per acre, which is within the 6-10 dwelling units per acre allowed
within the Medium Density Development guidelines. The staff’s response to the
general evaluation criteria point of whether the amendment will be in
accordance with the intent and purpose of the Zoning Ordinance remains ‘possibly.’ Although the four duplex dwelling units
intended by the applicant would be reasonable for the site, the condition of
screening the site from surrounding properties is not detailed enough for the
staff to provide a yes answer to this criteria point. Kaye noted that all other staff responses to
the general evaluation criteria remain the same.
Commissioner Senesac stated that the first three condition zoning offers
are concrete, but the last offer of screening is nebulous. He asked if a contract would need to be
entered into which offers concrete language for each condition point. Brad Kaye replied that a contract would have
to be entered into to assure that these conditions are enforced and
enforceable.
Commissioner Pnacek asked if this proposal would require site plan review
before the Planning Commission. Kaye
replied that it would not.
Matt Rapanos, the applicant for this proposal, stated that beyond the
screening condition being offered, the construction of the duplexes themselves
would provide surrounding residents with screening from traffic noise. He noted that this proposal, at 6.3 dwelling
units per acre, is at the low end of the density range allowed by the Medium
Density Residential designation within the Master Plan and that more units
could be constructed on the site. He
also noted that if the two existing lots were developed with single family
residential units, then there would be two driveway access points onto Saginaw
Road instead of the one access point that is proposed within the conditional
zoning offer. He also stated that this development
would generate tax revenue for the City.
Commissioner Pnacek asked if there were members of the public present new
comments in support or against this proposal.
Pat Andrews expressed concern that these duplexes could be unkempt rental
properties and that surrounding property values would decrease as a result of
this development.
Debbie Sands stated that the staff map depicting the locations of those
individuals who signed a petition against this development speaks for
itself. She asked if the additional
letters from residents were turned in to the Commission members. Commissioner Pnacek stated that these letters
were provided to the Commissioners in their meeting packet. Sands noted that the City can’t control who
will rent these units.
Commissioner Senesac stated that he was pleased with the turnout of
residents at the public hearing for this case.
He noted that the public hearing is not the ideal time for the public to
ask detailed questions concerning a particular request and that these questions
should be asked of staff prior to the public hearing. He stated that things change overtime and
that these two lots have sat vacant for a long time. The Planning Commission decided during the
updating of the Master Plan, that a development of medium density would be
appropriate for this site. In his
opinion, the conditions offered by the applicant make sense.
Commissioner Stewart stated that not approving this request would deny the
landowner reasonable use of this land and almost constitute a taking. He stated that the conditional zoning offer
provides a workable solution to develop on this site
Commissioner Heying was originally concerned
that the other permitted uses allowed under RB zoning would not be appropriate
for this site. However, the conditional
zoning offer allays this concern and he feels it fits with this property.
Commissioner Senesac noted that the proposed conditions will stay with
the land.
Commissioner McLaughlin stated that he is okay with these conditions
being written at the staff level and reviewed by the City Council. He feels that this conditional zoning offer
presents the highest and best use for this site.
Commissioner Pnacek stated that he supports the conditions offered by the
applicant.
Motion by Senesac and seconded by Heying to recommend to City Council to
rezone property at 400/410 North Saginaw Road from Residential A-1 zoning to
Residential B zoning conditional upon execution of a contract addressing the
following standards offered by the applicant:
- Use of the property shall be
limited to 4 duplex buildings.
- All other uses permitted in
Residential B zoning shall be excluded.
- A maximum of one driveway shall
be permitted for the property
- Screening shall be provided on
all three sides of the property.
Vote:
YEAS: Heying, McLaughlin, Pnacek, Senesac,
Stewart, Tanzini and Young
NAYS: None
ABSENT: Hanna and Mead
Motion
passed 7-0.
5. Public Comments
None
6. New Business
None
7. Communications
None
8. Report of the Chairperson
None
9. Report of the Planning Director
Brad Kaye informed
the Commission that the Conditional Use permit for the property on Sam Street was
scheduled for a public hearing by the City Council during their previous
night’s meeting.
10. Items for Next Agenda – March 26, 2013
Brad Kaye stated that there are currently
no items for the next agenda and that the Commission can choose to cancel this
meeting if desired. Commission Pnacek
inquired about holding a workshop meeting to discuss Planning Commission
procedural issues. Kaye replied that he
and Cindy Winland have been working on these issues and that this can be
discussed at the workshop. It was
decided to hold a Planning Commission workshop session on March 26, 2013 at
6p.m. and cancel the regular scheduled Planning Commission meeting for that
night.
11. Adjourn
Motion by Senesac, seconded by Heying to adjourn at 7:57
pm. .
Respectfully submitted,
C. Bradley Kaye, AICP
Director of Planning and Community Development
MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION