OWOSSO CITY COUNCIL

PRESIDING OFFICER:              MAYOR JOHN C.M. DAVIS

OPENING PRAYER:                 PASTOR BURTON FOX

PLEDGE OF ALLEGIANCE:      RUSSELL KREGGER

PRESENT:                               Mayor John C. M. Davis, Mayor Pro-Tem Susan J. Osika, Councilpersons Joane E. Ford, Justin R. Horvath, Mark D. Owen, Linda L. Robertson, and Charles J. Sumrack.

ABSENT:                                  None.

APPROVE AGENDA    

Motion by Councilperson Ford to approve the Agenda as presented with the addition of a presentation by Joe Borgstrom, Shiawassee Economic Development Partnership-Quarterly Update and Item of Business #4, Easement Agreements-Greenwood Apartments.  Motion supported by Councilperson Owen and concurred in by unanimous vote.

APPROVE MINUTES – REGULAR MEETING OF SEPTEMBER 20, 2004

Motion by Councilperson Robertson to approve the Minutes of the Regular Meeting of September 20, 2004 as presented.  Motion supported by Mayor Pro-Tem Osika and concurred in by unanimous vote.

Mayor Davis read the Rules for Addressing the City Council.

PROCLAMATIONS / SPECIAL PRESENTATIONS

PROCLAMATION

Mayor Davis issued the following proclamation designating October 6, 2004 as “Suicide Awareness and Prevention Day” in the City of Owosso:

A PROCLAMATION

OF THE MAYOR’S OFFICE OF THE CITY OF OWOSSO, MICHIGAN

DESIGNATING OCTOBER 6, 2004 AS

“SUICIDE AWARENESS AND PREVENTION DAY” IN THE CITY OF OWOSSO

WHEREAS,      suicide is one of the most disruptive and tragic events a family and a community can experience and is occurring at an incidence of 30,000 suicides nationally each year; and

WHEREAS,      Michigan statistics show at least one suicide among youth each week and approximately 20 suicides each week for ALL ages; and

WHEREAS,      research shows that almost all suicides are preventable; and

WHEREAS,      suicide is the third leading cause of death for individuals aged 15-34 years of age and one of the leading causes of death for youth and young adults in Michigan; and

WHEREAS,      the issue of suicide and how to prevent it is of extreme importance and must be recognized as having an immediate need for awareness and prevention; and

WHEREAS,      statistics show that awareness, education and prevention do save lives, and heightened community awareness will encourage communities to develop strategies to prevent suicides; and

WHEREAS,      The Michigan Association of Suicidology and the Michigan Suicide Prevention Coalition support suicide prevention initiatives.

NOW, THEREFORE, I, John C.M. Davis, Mayor of the City of Owosso, Michigan, do hereby proclaim October 6, 2004 as “Suicide Awareness and Prevention Day” in the City of Owosso, and further encourage all citizens of this community to work to prevent suicide and to raise awareness and tolerance around all people touched by this tragedy.

Presentation-Shiawassee Economic Development Partnership-Quarterly Update.  Joe Borgstrom, Shiawassee Economic Development Partnership Director, addressed the City Council regarding a quarterly update of the activities of the Partnership.  He commented that there were twenty-two expansion projects in the works with eleven in the City.  He also commented that the website had experienced a larger than anticipated number of hits.

City Manager Guetschow and the Councilmembers questioned Mr. Borgstrom regarding tax abatements, “clawback” provisions, the company recently located in the Strawsine Building in Corunna, and the hourly wage for that company.

CITIZEN COMMENTS

Russell Kregger introduced himself as a candidate for re-election to the County Road Commission.

Gary Holzhausen introduced himself as a candidate for election as the County Drain Commissioner.

Timothy Law introduced himself as the applicant for the liquor license transfer at the Rainbow Bar.

Mayor Davis commented that he was wearing blue and gold in support of the Owosso High School homecoming this week.

CONSENT AGENDA

Motion by Councilperson Ford to approve the Consent Agenda as follows:

Conduct First Reading and Set Public Hearing-Rezoning Request

The First Reading on the proposed Ordinance Amendment was held.

A Public Hearing was scheduled for October 18, 2004 to receive citizen comment regarding the proposed amendment to Section 38-27, Chapter 38, Article II, District Boundaries, of the Code of the City of Owosso, as follows:

AN ORDINANCE TO AMEND SECTION 38-27 OF CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF OWOSSO, MICHIGAN.

SECTION 1.  THE CITY OF OWOSSO ORDAINS: That Section 38-27 of Chapter 38 of Article II of the Owosso City Code, District Boundaries, is hereby amended by changing the designation of the following lots and parcels of land designated in a zoning map of the City of Owosso, and referred to in said Section and made a part thereof, which said lots and parcels hereby intended to be redesignated are not described in body of said Section as in certain zone districts; said designation being as follows:

APPLICANT:                             Karen VanEpps

                                                Shiawassee County Council for Child Abuse Prevention

PROPERTY ADDRESS: 1216 West Main Street

PROPOSED REZONING:           FROM:  B-4, General Business District

TO:       OS-1, Office Service District

PROPERTY DESCRIPTION:       COMM ON THE N LN OF MAIN ST 178' W OF E LN SEC 14 TH N 11' TO POB TH CONT N'LY 273' TH W'LY 136' TH S'LY ALG CENTER LN CHIPMAN CRK SEWER 174.5' TO A PT 106' N & PAR W/N LN MAIN STREET TH E'LY ALG SD LN 18.80' TH S 106' TH E'LY TO POB.

SECTION 2.  The changes made in the zoning in the lots and parcels of land hereinbefore described are hereby ordered to be redesignated on said map in accordance with this Ordinance.

SECTION 3.  This Ordinance shall take effect twenty (20) days after passage.

Conduct First Reading and Set Public Hearing-Ordinance Amendment

The First Reading on the proposed Ordinance Amendment was held.

A public hearing was set for October 18, 2004 to receive citizen comment regarding proposed amendment to Chapter 26, SIGNS, Article III, Definitions, Section 26-9. Definitions and interpretation; Article IV, Specific Control Provisions, Section 26-23. Specific control provisions; and Article V, Schedule of Sign Regulations, Section 26-28. Number, dimensions, and location of individual signs by zoning district, Chart IV, of the Code of Ordinances of the City of Owosso, Michigan as it relates to subdivision identification signs, as follows:

AN ORDINANCE TO AMEND CHAPTER 26, SIGNS, ARTICLE III, DEFINITIONS, SECTION 26-9. DEFINITIONS AND INTERPRETATION; ARTICLE IV, SPECIFIC CONTROL PROVISIONS, SECTION 26-23. SPECIFIC CONTROL PROVISIONS; AND ARTICLE V, SCHEDULE OF SIGN REGULATIONS, SECTION 26-28. NUMBER, DIMENSIONS, AND LOCATION OF INDIVIDUAL SIGNS BY ZONING DISTRICT, CHART IV, OF THE CODE OF ORDINANCES OF THE CITY OF OWOSSO, MICHIGAN.

THE CITY OF OWOSSO ORDAINS:

Section 1. That Chapter 26, SIGNS, Article III, Definitions, Section 26-9. Definitions and interpretation; Article IV, Specific Control Provisions, Section 26-23. Specific control provisions; and Article V, Schedule of Sign Regulations, Section 26-28. Number, dimensions, and location of individual signs by zoning district, Chart IV, of the Code of Ordinances of the City of Owosso, Michigan, shall be and the same is hereby amended to read as follows:

1) Add to Section 26-9, Definitions:

Ground Sign.  Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.

2) Add to Section 26-23:

(14)      Subdivision Signs.  Subdivisions of single and 2-family homes and housing complexes of more than 1 apartment or town house building are permitted ground signs identifying the subdivisions or housing complex.  Such sign structures shall have a gross area of not more than 30 square feet, a sign face area of not more than 15 square feet, and a height of not more than 4 feet.  A subdivision or housing complex shall not have a total of more than 2 such signs nor more than 1 per entrance.   The setback for subdivision signs 3 feet high shall be 8 feet and 10 feet for a sign height above 3 feet.   At intersections and drive entrances, the setback standard must also comply with the provisions of Section 26-23 (2).  

3) Amend footnote (c) of Section 26-28, Chart IV to say:

See Section 26-23 (2) for corner clearance at intersections and Section 26-23 (14) for the setback requirements of subdivision signs.

Section 2. This ordinance shall take effect 20 days after its adoption.

Section 3. This ordinance may be purchased or inspected in the City Clerk’s office Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m.

Conduct First Reading and Set Public Hearing-Ordinance Amendment

The First Reading on the proposed Ordinance Amendment was held.

A public hearing was set for October 18, 2004 to receive citizen comment regarding proposed amendment to Chapter 38, ZONING, as it relates to Planned Unit Development District and Regulations, of the Code of Ordinances of the City of Owosso, Michigan, as follows:

AN ORDINANCE TO AMEND CHAPTER 38, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF OWOSSO, MICHIGAN.

THE CITY OF OWOSSO ORDAINS:

Section 1. That Chapter 38, ZONING, Article XV.2, PUD Planned Unit Development District, a Footnote to Section 38-351, new Section 38-395 and Section 38-390 addition to the Code of Ordinances of the City of Owosso, Michigan, shall be and the same is hereby amended to read as follows:

Article XV.2

PUD Planned Unit Development District

Sec. 38-341. Intent. The purpose of this district is to permit flexibility in the regulation of land development; to encourage innovation in land use and variety in design, layout and type of structures constructed; to achieve economy and efficiency in the use of land, natural resources, energy and the provision of public services and utilities; to encourage provision of usable open space and protection of natural features; to provide adequate housing, employment and shopping opportunities particularly suited to the needs of the residents of the city; and to encourage the use, reuse and improvement of existing sites and buildings which will be developed in a compatible way with surrounding uses but where the uniform regulations contained in other zoning districts do not provide adequate protections and safeguards for the site or surrounding area. The district is intended to accommodate developments with one or more land uses, sites with unusual topography or unique settings within the community or sites that exhibit difficult or costly development problems or any combination of these factors. This zoning district shall not be allowed where this zoning classification is sought primarily to avoid the imposition of standards and requirements of other zoning classifications or other city regulations rather than to achieve the stated purposes above.

Sec. 38-342. Principle Uses Permitted.

     Any use or combination of uses and accessory uses permitted in the supplemental regulations for the PUD zoning district adopted pursuant to Section 38-395.

Sec. 38-343. Area and Bulk Requirements.

See Article XVI, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements for the PUD District. 

Sec. 38-344. General Provisions.

(a) See Article XVII, General Provisions, for requirements governing off-street parking, signs, walls, and other provisions for PUD Districts.

(b) See Article XVII, Section 38-395, Planned Unit Development Regulations and Standards for Approval.

(c) See Article XVII, Section 38-390, for specific procedures for site plan review of Planned Unit Developments.

Article XVI

Schedule of Regulations

Section 38-351. Schedule limiting height, bulk, density and area by zoning district.

Zoning District:  PUD Planned Unit Development.

Minimum Zoning Lot Size Per Dwelling Unit, Area and Width:  Footnote “w”.

Maximum Height of Structures:  Footnote “w”.

Minimum Yard Setback, front, side and rear:  Footnote “w”.

Minimum Floor Area Per Unit:  Footnote “w”.

Maximum Percentage of Lot Area Covered By All Buildings:  Footnote “w”.

Footnote “w” shall say…See Section 38-395(2) for regulation of height, bulk, setback, density and area.

Article XVII

General Provisions

Section 38-390.  Site Plan Review.

Section 38-390.  Site Plan Review.

Amend Section 38-390 (5) to say…

(5) An approved PUD site plan shall be required before applicable permits may be issued for any form of construction or removal or disturbance of any natural feature for all planned unit developments.

a.     Procedure for PUD site plan review.

1.     The petitioner for PUD site plan approval shall file with the community development director (hereinafter “director”) all drawings and other materials required for site plans in this chapter, all drawings and other materials required in Section 38-395 for PUD zoning district approval, and the additional information listed below. A PUD site plan application shall not be considered filed until all drawings and other required materials have been submitted and may be rejected if the materials submitted are inadequate to make the foregoing determinations.

2.    If requested by the planning commission or city council, additional graphics, models, 3-dimensional or electronic, or written materials shall be submitted to assist the city in visualizing and understanding the proposal. Additional detailed information, including but not limited to plans, elevations, building and site sections, or existing and proposed building materials, if submitted, shall become a part of the PUD site plan.

3.     The director will distribute these materials to the appropriate city departments and other reviewing agencies for review and comment regarding compliance with the PUD zoning district supplemental regulations and conceptual PUD plan, and compliance with all applicable local, state, or federal laws, ordinances, standards and regulations and to determine the need for a development agreement as provided in this chapter. The director will notify the petitioner of any questions raised by the city departments and other reviewing agencies and negotiate a development agreement with the petitioner if it is determined that such an agreement is needed. The director shall submit a report and recommendation to the planning commission based on this review.

4.    The planning commission, after holding a public hearing on the PUD site plan with notification as required by this chapter, shall transmit its recommendation based on the standards below, together with any recommended conditions of approval and all related reports and minutes to city council.

b.     Standards for PUD site plan review. City council, after holding a public hearing on the PUD site plan with notification as required by this chapter, and after receiving all related reports and minutes and a recommendation from the commission, shall approve, with conditions, or deny a PUD site plan. A PUD site plan shall be approved by city council only after it determines that:

1.     The development would comply with the PUD zoning established pursuant to the requirements of Section 38-395, and with all applicable local, state, or federal laws, ordinances, standards and regulations; and

2.     The development would limit the disturbance of natural features to the minimum necessary to allow a reasonable use of the land, applying criteria for reviewing a natural features statement of impact set forth in this chapter; and

3.     The development would not cause a public or private nuisance and would not have a detrimental effect on the public health, safety or welfare.

c.    Development Agreement. 

1.  Upon obtaining approval of a site plan, the applicant and the City Council may enter into a Development Agreement that describes the terms and conditions of the approval and the rights and obligations of each party.  The City Council may approve the Development Agreement immediately following approval of a Site Plan or it may be placed on a subsequent agenda of the City Council.  The applicant shall reimburse the City for all fees for City legal counsel and consultant participation in the development agreement.

2.  The approved Development Agreement shall be recorded with the Shiawassee County Register of Deeds.

3.  In the event the Site Plan requires a major amendment, the Development Agreement shall be amended to reflect the approved changes and recorded as provided in Section (5).c.2. above. 

d.     Effect of PUD site plan approval. For 3 years from the date of approval of a PUD site plan, permits may be issued and the land developed consistent with the PUD site plan and the regulations, laws and ordinances in effect as the time of approval, unless new regulations, laws and ordinances have been made applicable to previously approved developments. After 3 years from PUD site plan approval, no permits shall be issued unless the PUD site plan is reconsidered in the manner provided for new PUD site plans and is determined to meet the standards of the PUD zoning district or has been extended as provided under Administrative Amendments to Approved PUD Site Plans.

e.     PUD Site Plan Amendments.  A minor change to an approved PUD site plan may be approved by the Planning Commission as provided in this chapter except that the proposed changes shall not alter the fundamental design, conceptual integrity, natural features shown to be preserved, any specific conditions of the PUD development program, the conceptual PUD plan or the supplemental regulations. The following restrictions shall also apply:

1.     Adjustment in approved phase lines shall not result in a change greater than 10 percent of the total gross area in any phase, or 10 percent of the number of approved lots, or 10 percent of the approved maximum building square footage.

2.  For residential buildings the size may be reduced; or increased by five percent (5%), provided the overall density of units does not increase and the minimum square footage requirements are met.

3.  Gross floor are of non-residential buildings may be decreased or increased by up to five percent (5%) or 10,000 square feet whichever is smaller.

4.  Floor plans may be changed if consistent with the character of the use.

5.  Horizontal and/or vertical elevations may be altered by up to five percent (5%).

6.  Relocation of a building by up to ten (10) feet, if consistent with required setbacks and other standards.

7.  Designated “Areas not to be disturbed” may be increased.

8.  Plantings approved in the Final PUD Site Plan may be replaced by similar types of landscaping on a one-to-one or greater basis.  Any trees to be preserved, which are lost during construction, may be replaced by at least two trees of the same or similar species.

9.  Improvements or slight relocation of site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, and pedestrian or bicycle paths.

10.  Changes of building materials to another of higher quality, as determined by the Building Inspector.

11.  Slight modification of sign placement or reduction of size.

12.  Internal rearrangement of a parking lot that does not affect the number of parking spaces or alter access locations or design.

13.  Changes required by the City, County or State for safety reasons.

Sections 38-390 (5), (6), and (7) are to be renumbered (6), (7), and (8) respectively.

Add a new Section 38-395 to say…

Section 38-395.  PUD Planned unit development regulations and standards for approval.

The provisions of this section shall apply to all PUD zoning districts:

(1) Definitions.

a.   Conceptual PUD plan: A graphic depiction in plan form of the elements of a planned unit development district, which illustrates the PUD development program and the district's supplemental regulations.

b.   PUD development program: A written document describing the objectives, purposes, and beneficial effect for the city proposed to be achieved by the PUD zoning district.

c.    Supplemental regulations: A written document which contains the zoning and site development requirements which, once approved, become part of the ordinance establishing the PUD zoning district, and, in addition to current city regulations and ordinances, will be in effect for the district.

(2) Modifications permitted. In order to achieve a beneficial effect for the city, the planning commission may recommend and city council may approve, as part of the supplemental regulations, modifications that increase, decrease, or eliminate the requirements listed below for equivalent land uses and intensities:

a.     Use regulations, and area, height and placement regulations as provided in Section 38-351.

b.     Off-street parking requirements as provided in this chapter, Section 38-380. c. Landscaping, screening, and buffer requirements as provided in this Chapter, Section 38-384 and Section 38-389.

(3) The PUD process. The PUD process shall involve three consecutive steps: pre-application conference, PUD zoning district review, and PUD site plan review. The pre-petition conference occurs before the petitioner has submitted a formal petition; zoning district and site plan reviews occur after the petitioner has submitted a formal petition. The PUD site plan review may occur only if the PUD zoning district has been approved as required by this chapter.

a.     Pre-application conference. Before submitting an application, the petitioner shall contact the community development director (hereinafter “director”) to schedule a pre-application conference with City staff that shall include the City Manager, the Building Official, the City Engineer, the Director and other city personnel and consultants as deemed appropriate.   At the conference, the petitioner shall present the proposed conceptual PUD plan and PUD development program with emphasis on timing, open space and residential density. The commission will take no official action, but the commissioners and staff may provide the petitioner with their comments regarding the appropriateness of the proposed land uses, the proposal's conformance with adopted master plan and policies, the necessity of a traffic impact study, the beneficial effects to be achieved, whether or not a model may be required and whether petitioner's requests for zoning district approval and PUD site plan approval should be presented together at the same meeting or independently at separate meetings. No fees will be charged for the preliminary review.

b.     PUD zoning district review. PUD zoning district review involves departmental and commission review of the conceptual PUD plan, the PUD development program, and supplemental regulations to determine consistency with or the appropriateness for deviating from the city's adopted plans and policies and its suitability for inclusion in the land use and zoning plans of the city and adoption by city council as part of the zoning ordinance. Once approved by the city council, the property shall be zoned to a PUD zoning district, and use of the property shall be regulated by the supplemental regulations and all other applicable code requirements.

c.     PUD site plan review. Review and approval of a PUD site plan consistent with the requirements of this chapter is required prior to the issuance of permits. If the PUD zoning district provides that a PUD may be developed in phases, as shown on the conceptual PUD plan, approval of a PUD site plan for each phase is required prior to the issuance of permits for that phase.

(4) PUD zoning district review submittal requirements. The petitioner for any PUD zoning district shall submit a complete petition together with the following materials:

a.   Information that indicates the entire parcel or parcels for which application is made is under one ownership, or the application shall be made with the written authorization of all property owners who have a legal or equitable ownership interest in the property or properties. Application for a PUD zoning district may be made only by or with the written authorization of the owner(s) of the parcel(s) involved. All property that is proposed to be part of the development shall be included in the PUD zoning district request.

b.  The Planning Commission may request that the applicant provide a market study demonstrating the market demand and feasibility of a proposed PUD project.

c.   Sheet size of conceptual drawings shall be at least 24 inches by 36 inches, with graphics at an engineer’s scale.  The applicant shall also submit a set of plans on 11”x17” sheets, with at least one sheet in color, highlighting landscaped and open space areas.

d.   A conceptual PUD plan containing the information required in this chapter for site plan reviews.  In addition such plan shall include, but not be limited to: criteria of area, height, and placement standards; the location and relationships of permitted land uses; parking and circulation systems; landscape features; preserved natural features; architectural design components and use of building materials, proposed phasing, and any other unique physical characteristics which warrant the PUD zoning.

e.  A boundary survey and legal description of the parcel(s) to be zoned.

f.  A PUD development program describing the objectives, purposes, and beneficial effect for the city proposed to be achieved by the PUD zoning district; why this beneficial effect cannot be achieved under any other zoning designation; and its conformity to the adopted master plan and policies of the city or detailed compelling justification for departures from the plan and policies.

g.  Proposed supplemental regulations for the PUD zoning district which shall include, but not be limited to permitted land uses; accessory uses; minimum and maximum standards of lot area and lot area per dwelling unit, if applicable; minimum usable open space in percentage of lot area; minimum required front, side and rear setbacks; maximum height and number of stories. The supplemental regulations shall include sufficient analysis and justification for the beneficial effect and detailed performance standards by which the development will be evaluated and the beneficial effect achieved. Such analysis and justification may include, but are not limited to:

1.     A comprehensive analysis of the surrounding neighborhood, providing such details as scale of structures, minimum and maximum height and number of stories, minimum and maximum setbacks, historic or architectural styles or features, building materials and colors, and other unique features and a detailed analysis of how the PUD site plan and design contribute to the neighborhood.

2.     A comprehensive analysis of the unique features of the site, including such components as topography, site orientation, circulation, or special condition and a detailed analysis of how the PUD site plan and design contribute to the preservation, protection, utilization, and enhancement of the site's unique features.

 h.   A study model, indicating the 3-dimensional character of the proposal, unless determined by the planning commission during its preliminary review that one is unnecessary. With the approval of the director, other visual representations such as computer-enhanced photography or video may be substituted.

 i.   Any additional graphics, photographs, traffic impact studies, or written materials requested by the director, commission or city council to assist the city in visualizing and understanding the proposal and assessing the possible benefits and impacts.

(5) Procedure for PUD zoning district review. A PUD zoning district is established as follows:

a.     All required materials with sufficient number of copies, together with appropriate fees as established by city council, shall be filed with the community development director. Copies of the materials will be distributed by the director to the appropriate city departments and other reviewing agencies for review to determine the following:

1.     If the development can be accommodated by the existing public utility, street, and general city service facilities, or if any additions to, or extension of facilities are necessary for the project.

2.     If the proposal meets the standards for PUD zoning district approval listed below.

3.     If the development will comply with all applicable local, state, or federal laws, ordinances, standards, and regulations or provides sufficient compelling justification for modifications of those local ordinances, standards or regulations as permitted for PUDs, and

4.     If the proposal conforms to the adopted master plan and policies, or provides sufficient compelling justification for departure from the adopted plan and policies.

b.     The director will notify the petitioner of any questions raised by the city departments and other reviewing agencies and shall submit a report to the commission for its consideration including an evaluation of the planning aspects of the project and its impact on the present and future development of the city.

c.     The commission shall hold a public hearing with notification as required by this chapter for zoning ordinance amendments.

d.     The commission shall recommend to city council an action as it deems proper and shall transmit its recommendation together with any recommended conditions of approval and all related reports and minutes to city council.

e.     Before taking final action on the petition, the city council shall hold a public hearing with notification as required by this chapter for zoning ordinance amendments.

f.     A protest of a proposed PUD zoning district may be presented as provided in this chapter for zoning ordinance amendments.

g.    The director shall keep a record of all approved PUD zoning districts and supplemental regulations. Notice of approvals shall be published as required by this chapter for zoning ordinance amendments.

(6) Standards for PUD zoning district review. The commission shall recommend approval, approval with conditions, or denial, and city council shall approve or deny the proposed PUD zoning district based on the following standards:

a.     The use or uses, physical characteristics, design features, or amenities proposed shall have a beneficial effect for the city, in terms of public health, safety, welfare, aesthetics, or convenience, or any combination thereof, on present and potential surrounding land uses. The beneficial effects for the city, which warrant the zoning, include, but are not limited to, features such as:

1.   Innovation in land use and variety in design, layout and type of structures that furthers the stated design goals and physical character of adopted land use plans and policies;

2.  Economy and efficiency of land use, natural resources, energy, and provision of public services and utilities;

3.   Provision of usable open space;

4.  Preservation and protection of natural features that exceeds ordinance requirements, especially for those features prioritized in the land development regulations as being of highest concern, or that preserves existing conditions instead of merely providing mitigation;

5.   Employment and shopping opportunities particularly suited to the needs of the residents of the city;

6.   Expansion of the supply of affordable housing; and

7.   The use and reuse of existing sites and buildings that contributes to the desired character and form of an established neighborhood.

8.  The reduction, to a significant extent, the nonconformity of a nonconforming use or structure so that the site is rendered nonconforming or less offensive to the character of the neighborhood and the health, safety and general welfare of the vicinity.  

 b.     This beneficial effect for the city shall be one which could not be achieved under any other zoning classification and shall be one which is not required to be provided under any existing standard, regulation or ordinance of any local, state or federal agency.

 c.     The use or uses proposed shall not have a detrimental effect on public utilities or surrounding properties.

 d.     The use or uses proposed shall be consistent with the master plan and policies adopted by the city or the petitioner shall provide adequate justification for departures from the approved plans and policies.

 e.     If the proposed district allows residential uses, the residential density proposed shall be consistent with the plans and policies adopted by the city.

 f.     The supplemental regulations shall include analysis and justification sufficient to determine what the purported benefit is, how the special benefit will be provided, and performance standards by which the special benefit will be evaluated.

 g.     Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the district shall be provided and, where feasible, the proposal shall encourage and support the use of alternative methods of transportation.

 h.     Disturbance of existing natural features, historical features and historically significant architectural features of the district shall be limited to the minimum necessary to allow a reasonable use of the land and the benefit to the community shall be substantially greater than any negative impacts.

 (7)             Effect of PUD zoning district approval.

 a.     Approval of the PUD zoning district by city council shall rezone the property to a "PUD" zoning classification for the land uses, the area, height, and placement standards, and the objectives, purposes, beneficial effects, and special conditions provided in the PUD development program, the conceptual PUD plan, and supplemental regulations for the zoning district. In the case of differences between plans and written documents, written documents shall govern.

 b.     The approval shall confer upon the owner or subsequent owners the right to seek PUD site plan approval for the proposal or for any of its approved phases in accordance with the site plan, the approved PUD zoning district and supplemental regulations and city regulations and ordinances.

 c.     A PUD zoning district and its supplemental regulations shall remain in effect as approved until a change to the PUD zoning district has been approved.

(8) Changes to a PUD zoning district. A change to a PUD zoning district may be accomplished by amending the PUD zoning district by the process provided for establishment of a PUD zoning district or by rezoning to a different zoning district pursuant to the procedures of this chapter for zoning ordinance amendments.

(9) Any deviation from the approved PUD zoning district or PUD site plan, except as authorized in this chapter, shall be considered a violation of this chapter and subject to the penalties stated herein.

Section 2. This ordinance shall take effect 20 days after its adoption.

Section 3. This ordinance may be purchased or inspected in the City Clerk’s office Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m.

Change Order.  Authorized Change Order No. 1 increasing the amount of the bid award (purchase order) for sanitary sewer manholes to Premarc Corp. by $428.58 for additional sanitary sewer manholes needed for the Phase One, Osburn Lakes Site Condominium Project.

Change Order.  Authorized Change Order No. 1 increasing the amount of the bid award (purchase order) for copper service pipe and water shut-offs to Municipal Supply Company by $1,548.34 for additional copper service pipe and water shutoffs needed for the Phase One, Osburn Lakes Site Condominium Project.

Change Order.  Authorized Change Order No. 2 increasing the amount of the bid award (purchase order) for sand to Sumbera Excavating by $3,396.68 for additional backfill sand needed for the Phase One, Osburn Lakes Site Condominium Project.

Contract Payment.  Approved Progress Payment No. 8 to Barnhart & Son in the amount of $55,968.18 for work completed on Phase One, Osburn Lakes Site Condominium Project Infrastructure Installation.

Contract Payment.  Authorized Progress Payment No. 3 to Constine, Inc. in the amount of $24,904.06 for work completed on the 2004 Street Program.

Boards and Commissions Appointment.  Approved Mayoral appointment of Wilfred (Bill) Farrell to the Employees Retirement System Board to fill vacancy created by resignation of Paul K. Hood.

Motion supported by Councilperson Robertson.

Roll Call Vote.

AYES:              Mayor Pro-Tem Osika, Councilpersons Sumrack, Ford, Horvath, Owen, Robertson, and Mayor Davis.

NAYS:              None.

ITEMS OF BUSINESS

LIQUOR LICENSE TRANSFER REQUEST

Motion by Councilperson Sumrack to approve the request from Liquid Rainbow, Inc. to transfer ownership of 2004 Class C Licensed Business, located at 905 West Main Street, Owosso from Rainbow Bar, Inc.

Motion supported by Councilperson Owen.

Roll Call Vote.

AYES:              Councilpersons Horvath, Robertson, Owen, Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, and Mayor Davis.

NAYS:              None.

STRATEGIC COMMUNICATIONS PLAN

There was general discussion regarding the proposed Strategic Communications Plan.  Councilperson Horvath commented that he would like to see more “concreteness” as it relates to the how many news releases, where publication will be, number of water bill inserts, and the timing.

Motion by Mayor Pro-tem Osika to adopt the proposed Strategic Communications Plan as presented.

Motion failed due to lack of support.

Motion by Councilperson Owen to adopt the proposed Strategic Communications Plan with a future amendment related to specific target language.

Motion supported by Councilperson Robertson.

Roll Call Vote.

AYES:              Mayor Pro-Tem Osika, Councilpersons Horvath, Ford, Sumrack, Owen, Robertson, and Mayor Davis.

NAYS:              None.

STRATEGIC PLANNING PROCESS

Councilperson Horvath commented that he is in favor of “key stakeholders meetings” to guide strategic planning efforts.  There was general discussion regarding the process.

Motion by Councilperson Owen to approve the Strategic Planning Process as presented.

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.

AYES:              Councilpersons Robertson, Owen, Mayor Pro-Tem Osika, Councilpersons Sumrack, Ford, Horvath, and Mayor Davis.

NAYS:              None.

EASEMENT AGREEMENTS-GREENWOOD APARTMENTS (NORTH AND GOULD STREETS)

City Manager Gregg Guetschow introduced the item of business for consideration of the easement agreements.  Philip Hathaway, Director of Community Development, commented that the easement agreements were the culmination of  transactions in process since 2002 to obtain easements from Greenwood Limited Dividend Housing Association Limited Partnership (housing development located at the northeast corner of the Gould and North Streets intersection) for the Osburn Lakes Site Condominium Project.

Motion by Councilperson to approve the following easements (synopsized) with Greenwood Limited Dividend Housing Association Limited Partnership related to the Osburn Lakes Site Condominium Project:

(1)   Deed of Easement (walkway).  This easement will permit a loop trail system for the residents of both the duplex and single-family areas.  A section of trail was required around a wetland area on Greenwood’s land to complete a loop.  The agreement allows the residents of the Greenwood housing development to have access rights through a gate to the trail.  As part of the agreement, the City must fence the trail section on their land to avoid others from trespassing onto their property.

(2)   Partial Release of Easement.  The Greenwood housing development owners will release their surface area easement rights to the City in anticipation of the return of a smaller easement area described in Easement #3 described below.  This is called a partial release because Greenwood retains rights to underground utilities that serve their apartments.  The balance of the easement area granted to the City is attributed to North Street and the Woodside condominium units.

(3)   Deed of Easement.  The City returns a smaller easement area to Greenwood that is the driveway section between the new North Street right of way and the parking lot of the apartments.

(4)   Temporary Deed of Easement.  This easement is granted to Greenwood until the Council accepts the street dedication of the new North Street section.

(5)   Deed of Storm Water Easement.  This easement permits the drainage of North Street surface water and water draining from the balance of the former easement to the drainage outlet on Greenwood’s property

And to further authorize the Mayor and City Clerk to execute the appropriate documents.

Motion supported by Councilperson Robertson.

Roll Call Vote.

AYES:              Councilperson Horvath, Mayor Pro-Tem Osika, Councilpersons Ford, Owen, Sumrack, Robertson, and Mayor Davis.

NAYS:              None.

City Manager Guetschow complimented City Attorney William Brown and Director of Community Development Philip Hathaway for their extensive work on this project.

COMMUNICATIONS

Mark A. Hanna.  Request for Establishment of Owosso Township and City of Owosso Water District.

Robert Hardy, Hearing Officer.  Minutes of Meeting of September 23, 2004.

Owosso Historical Commission.  Minutes of Meeting of September 21, 2004.

Owosso City Planning Commission.  Minutes of Meeting of September 27, 2004.

Owosso City Zoning Board of Appeals.  Minutes of Meeting of September 21, 2004.

Councilperson Owen asked if Owosso Township had responded regarding water service issues. 

Councilperson Robertson commented regarding the recent Planning Commission meeting and her conversation with the developer for the proposed Social Security building.  She said that he could not say enough good things about Phil Hathaway and his professional assistance to them.

CITIZEN COMMENTS

Gary Holzhausen finished his comments regarding his background.

Russell Kregger commented further regarding his family and his professional background.

Burton Fox commented regarding a recent Independent article about the Carpenter’s Corner going out of business.

Mayor Davis commented regarding the good sessions at the recent MML convention.

AJOURNMENT

Motion by Councilperson Robertson for adjournment at 8:22 p.m., supported by Councilperson Owen and concurred in by unanimous vote.

_____________________________________

John C.M. Davis, Mayor

                                                            _____________________________________

Gail L. Schultz, City Clerk