MINUTES OF THE MEETING OF THE MIDLAND CITY PLANNING COMMISSION

WHICH TOOK PLACE ON

TUESDAY, SEPTEMBER 24, 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; Grant Murschel, Community Development Planner and twenty-two (22) others.

 

2.   Approval of Minutes

Moved by Hanna and seconded by Stewart to approve the minutes of the regular meeting of September 10, 2013 as corrected.  Motion passed unanimously.

Motioned by Heying and seconded by Mead to amend the agenda to bring the Old Business item, Zoning Petition No. 586, to the first order of business.  The motion passed unanimously. 

 

3.   Old Business

 

      a.   Zoning Petition No. 586 – the request of The Wirt-Rivette Group to zone property at 4710 Eastman Avenue from Office Service zoning to Regional Commercial. 

 

            Mr. Kaye presented the proposal to refresh the committee of the zoning petition.  He explained the proposal as it relates to the zoning ordinance and the Master Plan.  He noted a map distributed to the Commission members before the meeting by the applicant.  Additionally, he explained the main public comments in opposition to the proposal including the traffic concerns, the Master Plan conformity, the intent of the RC Regional Commercial district and the compatibility of the RC Regional Commercial and RA-1 Residential districts.  Kaye explained the position of staff as it relates to each concern voiced by the public.

 

            Heying wondered about the zoning of the site when Bill Knapp’s occupied the area.  Mr. Kaye indicated that the zoning previously was Office Service 2. Commissioners noted that the parking for the restaurant was located on the parcel in question. 

 

            Eric Finnigan presented on behalf of the applicant.  He began by explaining uses that he would be willing to exclude within the proposed RC Regional Commercial district. Mr. Kaye explained that the applicant is offering a conditional rezoning proposal which would exclude certain uses on the property.  Kaye noted that the applicant has the opportunity to offer these conditions and that the Commission can act of this proposal.  If approved, the conditions would run with the property.

 

            Mead indicated his opposition to acting on the proposal tonight as the applicant’s presentation has greatly changed what is being proposed.  Senesac also voiced his opposition to a decision this evening given the new changes. 

 

            Kaye explained that the petitioner has the right to ask the Commission to act on what has been proposed before the changes or he could decide to wait for the next meeting and allow the Commission to weigh the conditions now being offered.  Finnigan indicated that the petitioner would be willing to table the discussion until the next meeting so the Commission has the opportunity to weigh his new proposal. He also indicated that he would submit his proposed excluded activities in writing to the City Planning Department. 

 

            Senesac moved to table the business until the next meeting.  Heying seconded the motion. 

 

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

            NAYS:            None

            ABSENT:       Young

 

4.   Public Hearings

     

a.    Conditional Use Permit No. 48 – the request of CMS & D Surveying and Engineering, to permit a Subway Restaurant with drive-thru on a property located at 2009 South Saginaw Road. 

 

Mr. Kaye presented the request for the Conditional Use Permit.  He explained that the Conditional Use Permit is necessary because of the proposed drive-thru activity.  He explained the current conditions of the site and the vacant drive-thru bank which exists on site.  Kaye explained the site plan design as it relates to the traffic circulation, building proposal, parking and stormwater detention.  He explained the outstanding issues regarding landscaping, sidewalk connections and a bike rack.  The applicant has addressed the issues regarding landscaping and the proposal now meets the standards of the ordinance. 

 

Pnacek wondered about the current drive-thru’s that exist adjacent to the site and when they were constructed.  Kaye indicated that a number of other drive-thru’s already exist along Saginaw Road in this area.   

 

Hanna wondered about the driveway onto Colorado Street.  Kaye explained that the applicant has a right to access that road with the existing frontage and it makes sense to provide access from the residential area behind to this site to avoid more traffic on Saginaw Road.  Hanna also wondered about the driveway width along the southeast side of the building. 

 

Tim Bebee, of CMS & D Surveying and Engineering, explained the reasoning for the driveway widths, indicating that the driveway widths are conforming to both the ordinance and the wants of the City Fire Department.  Bebee indicated that the installation of a bike rake would not be an issue. With a location on the north side of the building he also noted a potential location for the rack.  He mentioned the idea of an interior sidewalk connecting to the sidewalk along Saginaw Road.  He gave two options for the location for a connecting sidewalk.  Hanna suggested the sidewalk be placed away from the stormwater management area.  Kaye also commented that the proposed sidewalk should be adjacent to the out-going access to avoid faster-moving, incoming cars turning off of Saginaw Road.  Commissioners agreed with this suggestion.   

 

Heying mentioned again the access onto Colorado Street.  Bebee indicated that the access onto Colorado Street is wanted by the applicant and will service the neighborhood behind where many customers are anticipated to come from.  He believes that the access onto the road will not impact the surround properties more than it currently does. 

 

Senesac questioned the placement of the barrier free parking.  Bebee explained the reasoning for the location and its proximity to the entrance at the northeast corner of the proposed building.  Senesac expressed that given the reasoning, he believes it is adequately placed. 

 

There were no comments from the public in support or opposition.        

 

The public hearing was closed. 

 

A motion was made by Mead to waive the procedural requirements for a second meeting.  The motion was seconded by McLaughlin.  The motion passed unanimously.                   . 

 

Heying explained his enthusiasm for new development along Saginaw Road.  Hanna explained the history of the development along Saginaw Road and how this proposal will be an improvement in the area.  McLaughlin included his support for the proposal. 

 

Motion by McLaughlin and seconded by Mead to recommend to City Council the approval of Conditional Use Permit No. 48 the request of CMS & D Surveying and Engineering to permit a Subway Restaurant with drive-thru on a property located at 2009 South Saginaw Road with the following contingencies:

 

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

2.         Driveway island option 2 shall be required and final plans therefore shall be provided to the satisfaction of the City Engineering Department.

3.         Fire hydrant option 1, located along Saginaw Road, shall be required and final plans therefore shall be provided to the satisfaction of the City Water Department.

4.         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.

5.         A final soil and sedimentation control plan shall be approved by the City Building Department.

6.         Sidewalk connection from Saginaw Road to the restaurant shall be provided to the satisfaction of the City Planning Department.

7.         A bike rack shall be provided in compliance with the City of Midland Zoning Ordinance.

 

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

            NAYS:            None

            ABSENT:       Young

 

      b.   Site Plan No. 322 – initiated by Brittany Real Estate Company, LLC for site plan review and approval for a 22,467 square foot expansion at Brittany Manor, located at 3615 East Ashman Street.

 

            Mr. Kaye presented the application for development at the Brittany Manor site.  He explained that the site is zoned to permit a nursing home and this proposal is an expansion of the existing use.  He explained the surrounding land uses and zoning districts, as well as the landscaping and tree removal plans.  In addition to what is reflected on the plans, staff is proposing that a sidewalk be built along Ashman Street.     

 

            Hanna commented that she counted 156 trees which will be removed.  She also commented about the noise level on site and the potential impacts on the surrounding properties. 

 

            Brian Jilbert, of NSA Architects, Engineers, Planners, presented for the applicant.  He explained that he has a new set of drawings which indicate a proposed sidewalk on Ashman Street.  He indicated that the applicant would like a gate across the access into the Ashman Street Apartments on the private road known as Michele Lane. 

 

            Mead wondered about the proposed gate and if it would be a breakaway gate.  Jilbert indicated that it would be.  Fire Department review of this gate will be required.

 

            Bill Johnson, of 3545 East Ashman Street, explained his opposition to the proposed sidewalk.  He indicated that he would not allow the snow removal from the Brittany Manor property to be placed on his property if the sidewalk is built.   

 

The public hearing was closed. 

 

A motion was made by Mead to waive the procedural requirements for a second meeting.  The motion was seconded by Senesac.  The motioned passed unanimously.                   . 

 

Heying wondered about the width of the proposed driveways on site.  Kaye indicated that staff previously reviewed that issue but what is being proposed is the best solution given the current orientation of the existing building.

                                    

Hanna wondered about the previous noise concerns from load speakers.  Jilbert clarified that all load speakers have been removed from the existing building and none are being proposed. 

 

            Motion by Senesac and seconded by McLaughlin to recommend to City Council the approval of Site Plan No. 322, initiated by Brittany Real Estate Company, LLC for site plan review and approval for a 22,467 square foot expansion at Brittany Manor located at 3615 East Ashman Street contingent on the following:

 

            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.         Tree removal shall be limited to that shown on Plan L101.

            4.         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.

            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.         Lighting/photometric details compliant with Section 3.12 of the zoning ordinance shall be approved by the City Planning and Building Departments.

            8.         The driveway canopy must provide for a minimum clearance of 14 feet to enable Dial-A-Ride bus service. 

            9.  Any gate proposed across the private road identified as Michele Lane must be approved by the City Fire Department.

 

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

            NAYS:            None

            ABSENT:       Young

      c.   Site Plan No. 323 – initiated by Gerace Construction Company, Inc. on behalf of The Savant Group for site plan review and approval for an 11,240 square foot expansion of an existing industrial building, located at 4800 James Savage Road.

 

            Murschel began the presentation by first explaining the proposed activity and the location of the project.  He made note of the surrounding zones as well as the surrounding land uses.  The property is surrounding completely by the IA Industrial district.  He indicated that the application has complied with all district standards and that all information requirements have been satisfied. Additionally, he noted that since the staff report was given to the Commission, the applicant has submitted lighting fixture details that are in compliance with the ordinance.          

 

            Heying wanted clarification on why the Commission was presented with this proposal.  Kaye indicated that due to the size of the construction, the Commission and City Council must approve the proposed site plan.  Hanna wondered about the nature path on site. 

 

            Jesse Fitzgibbon, with Gerace Construction, presented on behalf of the applicant.  He explained that The Savant Group wants the nature path and garden area for employees to enjoy.             

 

            Patrick Nitschky, representing Gerace Family Limited Partners, which is located adjacent to the property, voiced their support for the proposed development. 

 

            There were no comments in opposition

 

The public hearing was closed. 

 

A motion was made by Hanna to waive the procedural requirements for a second meeting.  The motion was seconded by Heying.  The motion passed unanimously.                    . 

 

Mead voiced his excitement that there is need for industrial expansion within the community.  Hanna also expressed her excitement for business expansion. 

 

            Motion by Mead and seconded by Hanna to recommend to City Council the approval of Site Plan No. 323, initiated by Gerace Construction Company, Inc. on behalf of The Savage Group for site plan review and approval for an 11,240 square foot expansion of an existing industrial building, located at 4800 James Savage Road contingent on the following: 

 

            1.   A final storm water management plan shall be submitted to the City Engineering Department and a storm water management permit shall be obtained prior to construction.

            2.   A final soil and sedimentation control plan shall be submitted to the City Building Department.

 

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

            NAYS:            None

            ABSENT:       Young

 

5.   Public Comments

     

Eric Finnigan asked the Commission to give an opinion on what activities they would be keen on excluding for the conditional rezone of the property at 4710 Eastman Ave.  Kaye indicated that the Commission could not answer that question as the public hearing has been closed and the business has been tabled until the next meeting.  The Commission agreed with Kaye and did not answer Finnigan’s question.  Kaye invited Finnigan to discuss the matter further with staff prior to the next meeting.

 

6.   New Business

    

None

 

7.   Communications

 

      None                                                     

 

8.   Report of the Chairperson

     

None

 

9.   Report of the Planning Director

     

      October 2–4 is the Michigan Association of Planning Conference in Kalamazoo.  During the next meeting, those who attend will be able to give a report on what they learned.

 

10. Items for Next Agenda – October 8, 2013

 

a.  Zoning Petition No. 586 – The Wirt-Rivette Group (deliberation and discussion)

    

11. Adjourn 

    

Motion by Mead and seconded by Heying to adjourn at 8:29 pm.  Motion passed unanimously.

 

Respectfully submitted,

 

 

 

C. Bradley Kaye, AICP, CFM

Director of Planning and Community Development

 

MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION