Docstoc

ROLL CALL

Document Sample
ROLL CALL Powered By Docstoc
					CITY OF DEWITT Page 1 Planning Commission Meeting June 22, 2006 City Hall ROLL CALL Members Present: Robert Smith, Kathy Gilliland, Sue Erickson, Jim Lancaster, Mike Lee, Erik Olson, and Sheryl Strouse. Motion by Erickson, seconded by Lancaster and carried by unanimous vote of the Planning Commission that Commissioners Woodbury and Sullivan be excused from this meeting. STAFF: Dave Berridge, Kevin Feuka, Rob Nesbitt, Denice Smith and Brian Vick, AUDIENCE: Greg Holzen, Patrick Judd, John Rademacher and several unidentified persons CALL TO ORDER/Public Hearing–Proposed Ordinance Amendment (Off-street parking & loading): At 7:00 p.m., Chairman Olson opened the public hearing on the proposed amendment to the City’s Code of Ordinances, Chapter 78 (Zoning), Article IX (Off-street Parking & Loading). The purpose of the public hearing is to receive comments on Section 78-704 (Location of Parking Areas) and the proposed inclusion of on-street parking in meeting the required number of spaces for uses in the Central Business Zoning District. The proposed ordinance has been available for public review at City Hall during normal business hours. Notice of the Public Hearing was published in the June 8, 2006 issue of the Lansing State Journal and letters were sent by first-class mail to affected property owners. No written comments were received. Rob Nesbitt (City’s Planning Consultant with LSL) briefly commented on the proposed amendment to the Zoning Ordinance which addresses parking issues in the Central Business district. It will allow the Planning Commission to review each request on a case-by-case basis and provide some flexibility during its review process. Hearing no other comments, either written or oral, Chairman Olson closed the public hearing at 7:04 p.m. CALL TO ORDER – Regular Meeting Chairman Olson called the regular meeting to order at 7:04 p.m. ROLL CALL Members Present: Robert Smith, Kathy Gilliland, Sue Erickson, Jim Lancaster, Mike Lee, Erik Olson, and Sheryl Strouse. Members Excused: Bill Woodbury and Bill Sullivan STAFF: Dave Berridge, Kevin Feuka, Rob Nesbitt, Jeff Purdy, Denice Smith and Brian Vick, AUDIENCE: Greg Holzen, Patrick Judd, John Rademacher and several unidentified persons

CITY OF DEWITT Page 2 Planning Commission Meeting June 22, 2006 City Hall APPROVAL OF AGENDA After review, it was moved by Lancaster, seconded by Strouse and carried by unanimous vote of the Planning Commission to approve the agenda for the June 22, 2006 regular meeting as presented. APPROVAL OF MINUTES: After review, it was moved by Erickson, seconded by Gilliland and carried by unanimous vote of the Planning Commission to approve the minutes of the May 25, 2006 meeting with the following addition: Page 8: Commissioner Comments – Hovey’s proposal for senior housing: add “The Planning Commission’s agenda in July will include an update regarding the age issue and determining the direction the City wishes to pursue.” PUBLIC COMMENTS John Rademacher (12611 Airport Road) stated that he is looking to open an arcade/birthday party store on the west side of the Hungry Howie’s Pizza building (121 East Main). He will be leasing the building space. This is not a permitted use and he is not able to file a special use application either. He came before the Planning Commission to express his concept and seek direction. He would like to have a place where kids can play arcade games (proposing 15-20 machines) and he will offer prepared food (i.e. pizza by the slice; popcorn; ice cream). He will not have a kitchen for food preparation. He would like to open the business sometime in early September to October. He would like to have a stand out front of the business during Ox Roast stating “Opening Soon” and offering special discounts for birthday parties or other activities. The Planning Commission asked Mr. Rademacher to work with Brian Vick (City Administrator) and Rob Nesbitt (City’s Planning Consultant) and to provide a letter stating specifically what his business will entail. The Planning Commission is currently working on a Zoning Ordinance amendment and this is an opportune time to include discussion of this potential use during the work sessions. This will be an agenda item for the next Planning Commission meeting. OLD BUSINESS: None. NEW BUSINESS: 1. Ordinance Amendment - Article IX. Off-Street Parking and Loading: At the May 11, 2006 Planning Commission Meeting, the Planning Commission instructed the City staff to prepare a Zoning Ordinance amendment to Article IX (Off-Street Parking and Loading), Section 78-704 (Location of Parking Areas) of the City Code and to schedule a public hearing regarding the change to the proposed parking within the Central Business District. The notice for the Public Hearing was published in the Lansing State Journal on Thursday, June 8th, 2006. The required Public Hearing was held at the beginning of this meeting. In accordance with Section 78-71 (Amendments – To the Zoning Ordinance), (h) Planning Commission recommendation, subsection (2) matters to be considered by the Planning Commission, Rob Nesbitt (City’s Planning Consultant with LSL) reviewed his comments regarding the proposed amendment to the Zoning Ordinance: a. What, if any, identifiable conditions related to the proposed amendment have changed which justify the proposed amendment.

CITY OF DEWITT Page 3 Planning Commission Meeting June 22, 2006 City Hall RESPONSE: In the past couple of years Planning Commission has received several proposals to reuse existing buildings and property in downtown for uses permitted by the City’s zoning ordinance. In some cases the applicant is able to provide some on-site parking but must rely on other parking opportunities for the remainder of their parking. Other opportunities include leasing parking from other businesses that do not require all of their parking or do not require the use of all of their spaces at the same time as the lessee requires. In other cases, an applicant is able to demonstrate that a proposed use does not require the amount of parking specified by the zoning ordinance. The proposed amendment provides Planning Commission some flexibility in approving new uses, typically as part of site plan review, where it is satisfied that adequate parking is available. b. What, if any, error which justifies the proposed amendment was made in the ordinance from which this ordinance is derived. RESPONSE: The proposed amendment is not intended to address an error in the zoning ordinance. However, Planning Commission has determined that this section of the ordinance limits its ability to approve uses in the downtown in cases where the use does not require the same amount of parking specified by the zoning ordinance or there is an ability to accommodate required parking elsewhere. c. What are the precedents and the possible effects of such precedent which might result from the approval or denial of the amendment? RESPONSE: The amendment does not set any precedents. The proposed change to the ordinance will potentially affect a number of properties in the CB, Central Business Commercial District. The amendment does not provide preferential benefits to any individual property. Rather, the amendment will allow Planning Commission to determine, on a case-bycase basis, whether a) the proposed use must provide all parking required by the zoning ordinance to be provided on-site; b) whether there are other opportunities to provide the required parking; or c) whether a fewer number of parking spaces should be provided. Erickson offered alternate language to “c)” above from “whether a fewer number of parking spaces should be provided” to “whether a fewer number of parking spaces could be required due to the nature of the business, the hours of the business and the number of employees and customers anticipated.” Mr. Nesbitt suggested that language could be added that would emphasize, if available, on-site parking is to be dedicated to employees and that on-street parking is a last resort for employee parking. Lancaster felt it is important to identify the difference between customer parking and employee parking. He would like to encourage retail stores in the downtown versus office space. At the May 11, 2006 Planning Commission meeting, the Commission discussed the proposed change to Article IX (Off-street parking and loading). At that meeting, the Planning Commission proposed striking “Except in the case of the central business zoning district…”. The Commission felt this change would encourage growth and attract businesses to the downtown. Instead of needing a variance, the Planning Commission will have the flexibility to make decisions based on guidelines such as: the type of business, number of employees, how many spaces the business is supposed to have under the ordinance, how many spaces are available, the time of day

CITY OF DEWITT Page 4 Planning Commission Meeting June 22, 2006 City Hall where parking demands would be the greatest, etc. The Planning Commission would like to encourage new businesses particularly retail stores. At that time, it was determined that the proposed language offered the most flexibility. d. What is the impact of the amendment on the ability of the city and other governmental agencies to provide adequate public services and facilities, and/or programs that might reasonably be required in the future if the proposed amendment is adopted. RESPONSE: The proposed amendment will not have any impact on the City’s operations. The amendment is primarily an effort to maintain the zoning ordinance and ensure that it regulates properties in an appropriate manner. e. Does the proposed amendment adversely affect environmental conditions, or the value of the surrounding property. RESPONSE: The proposed amendment does not adversely affect environmental conditions or the values of property in the City. In cases where Planning Commission permits an applicant to have different parking arrangements, it must be satisfied that the alternative arrangement will not negatively impact nearby property owners. Planning Commission would retain the ability to deny a proposal in cases where the applicant is not able to demonstrate that adequate parking will be provided. f. Does the proposed amendment generally comply with the adopted city comprehensive development plan. RESPONSE: The City of DeWitt Comprehensive Plan encourages a mix of retail, office and residential uses in the downtown. The Plan includes a policy that promotes the conversion of existing structures to retail and business uses while maintaining the residential and period design character of downtown. The proposed amendment is part of the city’s on-going efforts to ensure that its ordinances allow the downtown area to continue to attract new uses, including those to be accommodated in existing structures that reflect the intended character for the downtown. Planning Commission recognizes that some downtown properties are too small to allow on-site parking. Nonetheless, the amendment still requires Planning Commission to be satisfied that parking is available to serve the needs of downtown businesses. g. The ability of the property in question to be put to a reasonable economic use in the zoning district in which it is presently located. RESPONSE: This amendment will potentially offer commercial properties throughout downtown DeWitt the opportunity to be used for more reasonable purposes, where appropriate, thereby allowing their economic viability to be attained. Strouse expressed concern over the phrase “in all districts” as proposed in the amendment. There are a number of residential homes near (but not in) the Central Business District. People in a residential district do not want businesses using the on-street parking in front of their homes on a daily basis. Some Commissioners felt the proposed language allows the Planning Commission to use its discretion when reviewing each case and determining what parking spaces are “reasonably

CITY OF DEWITT Page 5 Planning Commission Meeting June 22, 2006 City Hall available”. The Planning Commission must be satisfied that that there would not be a negative impact on the surrounding area before approval would be granted. After review of the proposed amendment to the Zoning Ordinance, it was moved by Smith, seconded by Erickson and carried by roll call vote of the Planning Commission that BE IT RESOLVED to approve the Findings of Fact and recommend to the City Council that they adopt an amendment to Section 78-704 (Location of Parking Areas) of the City Code of Ordinances regarding the proposed inclusion of on-street parking in meeting the required number of parking spaces for uses in the Central Business Zoning District. ROLL CALL VOTE: Smith Yes Gilliland Yes Erickson Yes Lee Yes Olson Yes Lancaster No Strouse No Woodbury Excused Sullivan Excused 2. Wildflower Meadows Subdivision – Landscape Update: Rob Nesbitt (City’s Planning Consultant) introduced Patrick Judd (Pollack Design), Dave Mendell (prescribed burn consultant) and Esther Durnwald (Michigan Wildflower Farm). Mr. Judd offered a slide show presentation “2006 Progress Report – Native Landscape” which demonstrated the various stages of the project. The presentation included informative graphs and photographs on infiltration, environmental basins and stormwater patterns, historically recorded vegetation and native species, seeding process and the results of prescribed burns. A prescribed burn aids in ridding the area of unwanted vegetation. The desirable plants have a deep root system and can tolerate the burn. Prescribed burns occur over three consecutive years. The result is a flourishing wildflower garden. Mr. Mendell offered a slide show presentation “Prescribed Burning – Preparation, Safety and Implementation”. The pre-burn preparation includes developing a burn plan and objectives. The site is prepared and the burn is conducted. The safety of the crew and community is always a top priority. The first burn for Wildflower Meadows will occur in the spring (mid-March to late April) of 2007. Prescribed burns usually occur in the afternoon (between noon and 7:00 p.m.). The burn time may take five hours. A successful prescribed burn is planned around good weather conditions. As a result, the prescribed burn will only have a 24-48 hours advance notice. Notifications will be sent and road signs posted advising the public of the anticipated burn. There are various techniques that can be used for smoke management. The final step is a “mop up” where the area will be wet down and all smoke or smoldering debris will be extinguished. The result is a safe, clean burn. It was suggested the City should include information regarding the anticipated burn in the City’s newsletter. At this time, the Planning Commission took a 15 minute recess. They reconvened at 8:40 p.m.

CITY OF DEWITT Page 6 Planning Commission Meeting June 22, 2006 City Hall 3. Training Session on Site Condos: Rob Nesbitt (LSL), introduced Jeff Purdy (LSL) who will be conducting the Planning Commission’s training session on “Condominiums and Subdivision Plats”. The presentation included: - Methods of Dividing Land (Subdivisions, Land Divisions and Site Condominiums) - Subdivision Options/Land Divisions (split or division of a lot of record into two to four lots. Done by the City’s assessor.) Lots must front a public or private road. They must be consistent with the community’s master plan; conform to zoning ordinance’s dimensional requirements; require review, application and fee. - Subdivision Options/Plat (creation of sizeable number of lots and parcels). This process requires Planning Commission review, public hearing and Council approval. It must be consistent with the community’s master plan, conform to zoning ordinance’s dimensional requirements, and application and plat plan must be submitted for review and approval. The subdivision approval process includes: Tentative Preliminary Plat Submission; Planning Commission Review with public hearing; Legislative Body approval; Final Preliminary Plat Submission; Legislative Body Approval; Final Plat Submission; and Legislative Body Approval. - Subdivision Options/Condominiums (creation of sizeable number of residential units or parcels for a range of uses. Common responsibility for commonly owned property and amenities). It requires Planning Commission review, public hearing, and Council approval. Steps for Plat Approval – DeWitt: Pre-Preliminary Plat - Planning Commission reviews pre-preliminary plat with developer and may require comments from affected agencies. General comments and suggestions are received. The Planning Commission advises the City Council of results of its review of prepreliminary plat. Tentative Preliminary Plat – Proposed tentative preliminary plat is submitted to the Planning Commission. It is circulated for review by authorities and comments are received from them. A public hearing is held tp receive public comments. The Planning Commission discusses input received. The report is submitted to the City Council with Planning Commission’s recommendations including any recommended conditions. The City Council approves or rejects the Tentative Preliminary Plat and specifies conditions of its approval. Final Preliminary Plat – Developer has 1 year to secure Preliminary Plat approvals from County and State agencies. City may not change requirements during this period. Final Preliminary Plat is submitted to the Planning Commission for discussion. The Planning Commission submits its report and recommendations on Final Preliminary Plat to City Council, including any recommended conditions. The City Council approves or rejects the Final preliminary Plat and specifies conditions of its approval. A written agreement is required between the Applicant and the City regarding improvements within the area to be platted. Final Plat Approval - Improvements are constructed and inspected and monuments are set. The proposed Final Plat (including changes to layout of subdivision and as-built drawings) are submitted to the City. Currently, the Planning Commission reviews the Final Plat for conformance with the Preliminary Plat, as approved (including conformance with the Planning Commission’s conditions for Final Plat approval). Planning Commission recommends approval or disapproval by the City Council. A bond is provided to cover outstanding improvements (e.g. sidewalks, final course of asphalt, etc.). The Council approves or disapproves the Final Plat.

CITY OF DEWITT Page 7 Planning Commission Meeting June 22, 2006 City Hall Issues – Plats versus Site Condos: - Plats – The community has other reviewing agencies to take some of the burden and responsibility from the locals. - Site Condos – Much more effort is required to be covered by the Planning Commission and City Council. - No public hearing required for site condos. - Site condos may be built with private streets, while plats are built with public streets – streets in site condos should be required to be built to public standards. - Long-term road maintenance is often an issue and interconnectivity with adjacent properties is difficult to achieve, creating poor vehicular (and pedestrian) circulation. - If private streets are built, developers sometimes want gated developments. These types of developments are isolated and don’t contribute to a sense of community. - Site condos have increasingly been used in a good faith effort, rather than just as a method to “skirt the rules”. However, this may not always be the case. - Consider having side condo regulations in the ordinance and requiring them to meet subdivision design standards. - Require monumentation. - Consider requiring site condos to follow similar steps as plats. Current Procedures – Approval of Site Condominiums - Preliminary site plan is submitted to the Planning Commission (optional). The Planning Commission reviews preliminary site plan and offers comments to applicant (optional). - Final site plan submitted and reviewed by the Planning Commission, with comment by the City Engineer, Planner, Police Chief, Fire Chief, Drain Commissioner, Schools, and County agencies. - All necessary county or state permits are obtained. - The Planning Commission approves, denies or approves with conditions, the final site plan. Typically includes a draft master deed and by-laws for attorney review. Revised Procedures for Site Condominium Approval: - Have a separate Article for condominium review and approval that sets out similar review process as plats: - Tentative Preliminary Condo Site Plan: Plan is submitted to Planning Commission. A public hearing on tentative preliminary plan is held. The Planning Commission offers its recommendation to the City Council on the tentative preliminary site plan. The Council reviews the tentative preliminary plan for approval. - Final Preliminary Site Plan: All necessary county or state permits must be obtained. Final preliminary site plan is submitted to the Planning Commission. The Planning Commission makes its recommendation to City Council on final preliminary site plan. The Council reviews the final preliminary plan for approval. - Final Site Plan: Final site plan is submitted to the Planning Commission (including a draft master deed and by-laws for attorney review). Currently, the Planning Commission approves, denies or approves with conditions the final site plan. Under revised procedures City Council should approve the final site plan. This concluded the training session.

CITY OF DEWITT Page 8 Planning Commission Meeting June 22, 2006 City Hall PLANNING COMMISSION MEMBER COMMENTS: The Planning Commission briefly discussed the following items: - The next Zoning Ordinance work session is scheduled for July 13th - Status of Waterview Condominium Application – A Special Land Use Application was filed with the City on June 2, 2006. The Public Hearing will be held on July 27th at 7:00 p.m. ADJOURNMENT: Moved by Lee, seconded by Erickson and carried by unanimous vote of the Planning Commission that this meeting be adjourned at 10:10 p.m. Respectfully submitted,

Denice Smith, City Clerk Recording Secretary


				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:31
posted:1/30/2010
language:English
pages:8