MINUTES OF THE MEETING OF THE MIDLAND CITY PLANNING COMMISSION

WHICH TOOK PLACE ON TUESDAY,

JUNE 11, 2013, 7:00 P.M.,

COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN

 

1.   Roll Call

PRESENT:   Hanna, Heying, McLaughlin, Mead, Pnacek, Senesac, Stewart, and Tanzini

ABSENT:      Young

OTHERS PRESENT:   Brad Kaye, Director of Planning and Community Development, Debbie Marquardt, Technical Secretary and five (5) others.

 

2.   Approval of Minutes

Moved by Hanna and seconded by Pnacek to approve the minutes of the regular meeting of May 28, 2013 as corrected.  Motion passed unanimously.

3.   Public Hearings

     

      None

 

4.   Old Business

 

a.    Site Plan No. 315 – initiated by MLR Engineering on behalf of Schauman Development for site plan review and approval for a multi-family development with seven buildings and 35 units, located at 3535 East Ashman Street. 

 

Mr. Kaye refreshed the commission on the site plan.  The proposed site plan was presented two weeks ago.  The two primary concerns raised at the conclusion of the public hearing were that the commission needed additional time to consider a change to the revised plan that was received late and to determine how the proposed tree buffer would be protected.  Staff has since determined that a written agreement between the developer and the city would best address these concerns.

 

Mr. Kaye also noted that the sidewalk extending along the north side of Ashman Street was objected to by Mr. Johnson.  This issue requires a decision from the commission.

 

Mr. Senesac asked about having two access points.  With split access in the front and longer term access with adjacent property owner.  It is not always necessary to have two separate accesses.  Anything more than 10 units would have to have two accesses in the old version but that has been changed.  The other option is to require the developer to secure the agreement with Brittany Manor before the development begins. 

 

Mr. Schauman stated this will be a nice development and will work out nice.  He has talked to Brittany Manor and they have drawn up an agreement for access and taken it over to them.  It is a better system for everybody.  He previously met with the neighbors and they agreed to keep a buffer of 50 feet on the west side and 30 feet on the back side.  He thinks it will take six to seven months to build the development.  They have been doing everything they have been asked to do. 

 

Mr. Johnson, 3535 East Ashman Street, asked if there is a T street that goes across the property owned by Brittany Manor that is set up for them to hook into.     

 

Motion by Senesac and seconded by Heying  to recommend to City Council the approval of Site Plan No. 315 initiated by MLR Engineering on behalf of Schauman Development for site plan review and approval for a multi-family development with seven buildings and 35 units, located at 3535 East Ashman Street with the following contingencies:

 

1.      Final stormwater design detail, including full site grading plans, shall be provided to the satisfaction of the City Engineering Department.

2.      Final soil erosion and sedimentation control plans shall be provided to the satisfaction of the City Building Department.

3.      Water service to the satisfaction of the City Engineering and Utility Departments shall be provided and appropriate utility easements conveyed to the City of Midland.

4.      All trees in good health and located within the 30 foot buffer along the north property line and the 50 foot buffer along the west property line shall be maintained.

5.      Access from Ashman Street and along the private road identified as Michele Lane shall be provided in favor of the adjacent property currently operated as Brittany Manor (property ID# 14-12-50-216).

6.      Contingencies 4 and 5 above shall be secured in a written agreement to the satisfaction of the City Attorney.

7.      Sidewalks must be separated from the street pavement with a rolled 4” concrete curb. 

8.      Private garbage collection service must be provided as the site design does not provide for city garbage collection. 

 

Mr. Senesac thinks that without a connection this does not meet the ordinance.

Their job is to follow the Zoning Ordinance.  To approve this before the agreements are finalized would be rushing the process. 

 

Mr. Kaye referenced Article 9 Section 9.03.A4, which talks about access and circulation.  He pointed out that the commission must make a determination if this standard is met or not.

 

Mr. Heying stated that looking at the drawing he finds the accessibility fine.  The Planning Commission has a judgment to make and given the agreement that has been set up allowing access by Brittany Manor that they can approve it without saying they have thrown out the Zoning Ordinance.

 

Mr. Stewart agrees with Ray and has the same issues.  He feels it is pretty apparent that without having an agreement in place and not knowing what they are going to do in the future leaves them hanging.

 

Ms. Hanna also agrees with Ray and feels that we can’t start making exceptions.  You have a standard and it needs to be met.  She can’t support it at this time.

 

Mr. Mead agreed that the ordinance needs to be looked at.  They should make the agreement between Mr. Schauman and his neighbor part of their contingency.  If that is made, they are good to go with it. 

 

Mr. Kaye said that they can have a contingency with an agreement with Brittany Manor or they can table this application until the agreement has been signed. 

 

Mr. Senesac stated that it leaves a feeling that it may not happen.  Mr. McLaughlin said they made the change in the ordinance to provide for flexibility.  They need an agreement between this project and Brittany Manor.  When Brittany Manor does have an addition this access will be made.  They will waive the requirement for the second access point until that happens. 

 

Moved by Senesac and seconded by Tanzini to amend the original motion through the addition of contingency item #9 to waive the second access.  Motion passes unanimously. 

 

9.    The standards for second access under Section 9.03.A.4.a of the zoning ordinance are waived provided the applicant secures an agreement to provide emergency access with Brittany Manor. 

 

The original motion, as amended by the addition of contingency item #9, was then voted on.

 

            Vote:

 

YEAS:            Hanna, Heying, McLaughlin, Mead, Pnacek, Senesac, Stewart and Tanzini

            NAYS:            None

            ABSENT:       Young

 


 

b.    Site Plan No. 319 – initiated by Edmund London and Associates for site plan review and approval for a 26,536 square foot addition to Independence Village, located at 2325 Rockwell Drive.

 

Mr. Kaye stated that the public hearing was held two weeks ago.  Two issues were identified at that time, with the first being landscaping and buffering.  The second was lighting.  Updated landscaping and lighting plans were presented that now fully satisfy all zoning ordinance standards. 

 

Ms. Hanna questioned if a privacy fence rather than just landscaping between the parking areas and the adjacent residential areas had been considered.  Terry Clark, Edmund London and Associates, replied that they have not discussed a privacy fence.  They have provided some pine trees.  These facilities do not have a lot of night traffic. 

 

Motion by Hanna and seconded by Heying to recommend to City Council the approval of Site Plan No. 319 initiated by Edmund London and Associates for site plan review and approval of a 26,536 square foot addition to Independence Village, located at 2325 Rockwell Drive with the following contingencies:

 

1.    Final stormwater design detail shall be provided to the satisfaction of the City Engineering Department.

2.    Final soil erosion and sedimentation control plans shall be provided to the satisfaction of the City Building Department. 

3.    Water service to the satisfaction of the City Engineering and Utility Departments shall be provided and appropriate utility easements conveyed to the City of Midland.

4.    Final sign design compliant with Section 8.05.D of the Zoning Ordinance shall be provided to the satisfaction of the City Building Department. 

 

            Vote:

 

YEAS:            Hanna, Heying, McLaughlin, Mead, Pnacek, Senesac, Stewart and Tanzini

            NAYS:            None

            ABSENT:       Young

 

5.   Public Comments

     

      None

 

6.   New Business

      

      None

 


 

7.   Communications

 

Planning & Zoning News

 

8.   Report of the Chairperson

     

None

 

9.   Report of the Planning Director

     

      An offer has been extended for a Community Development Planner and they are waiting to hear back for his acceptance. 

 

10. Items for Next Agenda – June 25, 2013

 

Meeting cancelled – no agenda items

 

11. Adjourn 

    

Motion by Heying, seconded by Hanna  to adjourn at 8:25 pm.

 

Respectfully submitted,

 

 

 

 

C. Bradley Kaye, AICP, CFM

Director of Planning and Community Development

 

MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION