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301 West Main Street, Owosso, Michigan 48867, Telephone: (989) 725-0599

 

Planning Commission Minutes

May 23, 2005 - 7:30 pm
City Council Chambers

The meeting was called to order by Chairman Wascher at 7:30 p.m.

Roll Call was taken by Secretary Baker.

MEMBERS PRESENT:  Ronald Baker, Mike Bruff, Gary Burk, Jack Davis, Janet Drews, Gregg Guetschow (arrived late), Robert Teich, and William Wascher

MEMBERS ABSENT:  John Greenway, Sue Osika and one vacant position.

MINUTES:

It was moved by Commissioner Davis and supported by Commissioner Drews to approve the minutes of the meeting of March 28, 2005 as presented.

AYES: All, Motion Carried.
NAYS:

PUBLIC HEARINGS:

1)  PARKS & RECREATION MASTER PLAN AMENDMENT-COLLAMER PARK

Phil Hathaway, Community Development Director, presented the requested amended Master Plan to Collamer Park. The proposal is to remove a triangular piece of property that adjoins the old IGA property, construct a new roadway entrance, close the existing entrance and grant an easement off the new roadway.   A list of Master Plan standards and policy statement from the existing plan was distributed for use in making the decision.

Commissioner Teich said he favors the proposed change of the Master Plan as that property was not in the original part of the park and is not essential to the park.

Commissioner Bruff said item 10 is satisfied as it will serve ultimate development.

Commissioner Burk said this north property is not essential to the use of the park and not part of the original park.

Commissioner Davis asked if the original drive could be used as parking.

Commissioner Guetschow arrived late for the meeting and asked to be disqualified for the voting procedure. His late arrival was based on a school program for his family and for that reason he did not benefit from the discussion that would lead to the vote.

It was moved by Commissioner Davis and supported by Commissioner Teich to recommend the City Council amend the Master Plan of Collamer Park by removing the following described parcel: Part of the NE ¼ of Section 25, T7N, R2E, beginning 664.66’ S of the N ¼ corner, thence S 40°, 49’, 31”, W 250.86’, thence N 55°, 5’, 4” W to southerly R.O.W. line of hwy M-52, thence NEly to POB; and to amend the plan for the new roadway to provide better access to the planned camping area, to designate an easement to the Baker College site, to improve transportation facilities of the City, and to combine resources with an educational institution for community improvement.

AYES: 8. Motion Carried, 1 abstained (Guetschow).
NAYS:

2) REZONING 2005-2
426 CLINTON STREET
FROM RM-2 MULTIPLE FAMILY RESIDENTIAL TO B-1 LOCAL BUSINESS DISTRICT

Phil Hathaway reviewed the zoning in the vicinity and recommended consideration of an OS-1 District for this site because the OS-1 District is a better transition district between commercial sites and residential areas.

David Duryea plans to remove the house at 426 Clinton Street to build an optometrist office and eventually remove the building at 123 S. Shiawassee for parking.

Pauline Hill, 415 Clinton, asked where the parking would be put.

Commissioner Guetschow asked what the zoning of 117-119 S. M-52 is.

Phil Hathaway read the six questions that need to be answered to make a zoning change.

It was moved by Commissioner Davis and supported by Commissioner Snow to recommend the City Council rezone 426 Clinton Street to OS-1 from RM-2. It was found that an error in judgment was made when the RM-2 zoning was adopted for this property.

AYES: All. Motion carried.
NAYS:

3) REZONING, 2005-3
1231 W. MAIN STREET, 201 ROBBINS STREET, AND 208 MORRIS STREET
FROM B-1 LOCAL BUSINESS DISTRICT TO PUD – PLANNED UNIT DEVELOPMENT DISTRICT

Phil Hathaway presented the mechanics of what a PUD is and how it is different from a normal development.

Roberto Larrivey explained the plan to build a mixed use development for retail, commercial and residential use. They would keep Oscar Rau main building and rear warehouse. In Building “A” there will be two rear entances, the brick will be restored, and they would create an atrium on the north and south side. It would revitalize an obsolete property use and avoid a blight condition in the neighborhood.  Two new apartment structures would be built in later phases.  The parking concept is designed around an interior courtyard setting.

Larry Doan, 302 Morris Street, asked when 208 Morris was rezoned to B-1. He was told it was more than 15 years ago.

Gene Lader, 1308 Mack St., opposed the number of apartments in the plan and the amount of additional traffic it would add to Mack Street.

Diana Spring, 211 Robbins Street, said it is very hard to turn left onto M-21 from Robbins Street.

Commissioner Burk asked what zoning district would it be if the PUD development failed. Would it revert to R-1? Also, how denisty is determined when apartments, retail and commercial use are in one plan. He saw it beneficial to the city and neighborhood and that it improved job opportunities.

Commissioner Bruff said a lot of details need to be worked out. He felt the positive will out weigh the negative (the negative being additional traffic in the neighborhood).  A status quo approach to the site might result in a Vaungarde situation with vagrants and the possibility of arson.

Commissioner Guetschow asked how access to the rear of the building would be obtained. An easement from the railroad to the rear of the building will be obtained.

Commissioner Guetshcow said this plan is less non-conforming and is more compatible to the neighborhood than the existing zoning would normally allow and believes the traffic would be less as a PUD than what the current zoning would allow.

It was moved by Commissioner Bruff and supported by Commissioner Guetschow to recommend City Council to approve the rezoning to PUD. This motion includes the revisions to the site plan, Spicer’s Comprehensive Analysis and the supplemental regulations.  Those revisions include…

A) The Comprehensive Analysis and Letter of Supplemental Regulations dated May 17, 2005 from Spicer Engineering shall add the following provisions:

The PUD District permits zoning departures from the traditional zoning districts.  The Robbins Loft letter of supplemental regulations lists many of the zoning departures; however, more description is useful in the evaluation of the project’s benefit or detriment to the neighborhood and to the effective internal layout of the proposal.  The relevant zoning districts for comparison purposes are the B-4 General Business District for Building “A”, and the RM-2, Multiple Family (High Rise) District for Buildings “B”, “C”, and “D”.

1) Expansion of a non-conforming use or structure.  Both Buildings “A” and “D”, existing structures, are non-conforming for the B-1 District for both building setbacks and use.  The proposal is an expansion of a nonconforming use from warehousing and retail to incorporate housing on Building “A” and “D”.  The latter is associated with greater setbacks under residential versus the existing nonconforming use for storage.  The Zoning Board of Appeals (ZBA) ordinarily adjudges comparison of the new commercial uses to the former legal nonconforming use (furniture sales).

2) Density.  There are no density issues revealed this site.  Based on their room plans, 144 rooms are allowed on this parcel while only 141 rooms are proposed.

3) Setbacks—open space strip.  Buildings “B”, “C” and “D” all have reduced open space strips between the structures and the parking lots.  A 15-foot strip is required and the spacing averages 8 to 9 feet per structure.

4) Minimum setback between buildings and property line.

a)     Building “A”: Non-conforming on west side at 0 feet where 15’ is required.

b)     Building “B”: Rear setback proposed is 0-3 feet where 36 feet is required.

c)     Building “C”: Rear setback proposed is 10 feet where 30 feet is required.

d)     Building “D”: Non-conforming on west side at 0 feet where 30 feet is required.

            Also 22 feet exists on south side where 30 feet is required.

5) Loading Zone.  A loading zone south of the commercial structure is provided with 825 square feet.  1,140 square feet are required for a 28% reduction in the standard.

6) Parking.

a)     The south 31 feet of parking lot for Building “C” has over 75% of lot area coverage where no more than 30% is the standard coverage ratio.

b)     The supplemental regulations letter proposes overlapping use of parking spaces in lieu of providing the required parking.  147 spaces are required; the development plan proposes 127 spaces.  The ZBA ordinarily evaluates and decides on proposed overlapping of uses.

7) Apartments over a B-4 Building.  Only in Westown can buildings have apartments above the first floor.  The proposal requests seven apartments on the third floor and lies outside of the described Westown District.

8) Signs above the roof line. The elevated water tank shall include an identification sign of the project site name.  The zoning ordinance does not allow signs above the roofline.

9) Open Space Credits.  The open space credits of Section 38-243(1) of the City Zoning Ordinance shall apply to the site.

B. Letter Amendment. The May 17, 2005 letter from Spicer Engineering shall be amended to say PUD Comprehensive Analysis and Letter of Supplemental Regulations.

AYES: All. Motion carried.
NAYS:

4) SITE PLAN REVIEW, 2005-4
1231 W. MAIN STREET, 201 ROBBINS STREET, 208 MORRIS STREET

Ronda Downs said there is no playground for children.

Roberto Larrivey said the dog park is the park-like space for the project. The demographics targeted have few children.

The Commission discussed a fence along the south property line, tree buffer along Morris Street property, to keep the light on property along the south line, provide separate water service for each building from a water main, to build signs on main building and at entrance, to amend the water tower sign, to add dumpster to east side of building “C”, and to landscape along Robbins Street in Phase 1.

It was moved by Commissioner Snow and supported by Commissioner Teich to recommend the City Council approve the site plan with the following additions:

1.  Provide a tree buffer south of the south fence line subject to property owner acceptance of the offer.

2.  The light along the perimeter of the property shall be directed into the property.

3.  Provide separate water service to each building from a city water main.

4.  Add a dumpster to the east side of Building “C”.

5.  Landscape along Robbins Street in Phase 1 and early in the construction process.

6.  An improved easement east of Building “B” within the Railroad right-of-way must be obtained to provide sufficient access for building construction, long term maintenance, and emergency  vehicles.

7.  Drain Commissioner approval must be obtained for the site’s storm drainage plan and use of an older County Drain.

8.  Applicant to submit a revision to the site plan to detail the landscaping treatment south of Building “D” and the shared driveway easement area.

9.  The catch basin height east of the main building must be revised so that the fall into the drain is not so steep.

10.   Snow storage on the west end shall be improved through movement of the landscaping closer to the street north of Building “D”.

11.   Refuse service must be arranged for after 7:00 a.m. and before 5:00 p.m.

12.   The site plan shall be amended to show closed curb cuts of abandoned driveways.

AYES: All. Motion carried.
NAYS:

SITE PLANS:

2005-5
TIAL PRODUCTS – 615 CASS STREET

Dave Todd explained the proposed addition for warehousing and foundry parking lot and drive to M-52 to be paved, and a sanitary manhole to be installed.

It was moved by Commissioner Teich and supported by Commissioner Snow to approve the final site plan as presented with the following additions: Installation of a monitoring sanitary manhole, installation of a fire suppressant water line north of proposed building.

AYES: All. Motion carried.
NAYS:

2005-4
MEMORIAL HEALTHCARE
721 ADA – 725 ADA – 801 ADA

Bob Rail, R.S. Engineering, explained the expansion of the parking lot for staff parking only.

It was moved by Commissioner Drews and supported by Commissioner Davis to approve the final site plan as presented with the following additions: a) a 10” storm sewer reducer in 12” storm line as it enters city storm manhole; b) removal of the sidewalk approach in the ROW at 801 Ada Street.

Commissioner Guetschow requested to abstain because he is on the Board of Directors for the hospital.

AYES: 8. Motion carried, 1 abstained (Guetschow).
NAYS:

ITEMS OF BUSINESS:

COMMISSIONER/CITIZEN COMMENTS:

Phil Hathaway announced a June 8, 2005 workshop for multi jurisdictional planning. Bill Wascher and Bob Teich volunteered.

ADJOURNMENT:

It was moved by Commissioner Snow and supported by Commissioner Davis to adjourn the meeting.

AYES: All, Motion Carried
NAYS:

The meeting was adjourned at 10:29 p.m.

Ronald Baker
Secretary

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(989) 725-0599
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