A) CALL TO ORDER
Chairman Kusina called the meeting to order at 6:00 PM at City Hall- 2nd floor.
Members present: Kusina, Hess, Staley, Gully, Cross and Flanders,
Members Excused Hodgson and Dobulis
Members Absent: Whitney
Staff Present: Harsch and Manore
B) INQUIRY INTO POTENTIAL CONFLICTS OF INTEREST
None
C) APPROVAL OF AGENDA
The Agenda was approved as presented
D) APPROVAL OF MINUTES
1. The Minutes of December 13, 2004 were approved as corrected, adding Mr. Staley’s comments regarding the Library site plan.
He stated that the three county agencies should review the plans. Approving this plan is premature, at this time.
E) CORRESPONDENCE
None
F) PUBLIC HEARINGS
None
G) OLD BUSINESS
1. Discussion regarding an ordinance amendment to include “site condominiums”.
Mr. Harsch pointed out that site condominiums should be addressed in the Land Division Ordinance and not in the Zoning Ordinance. The Condominium Act does not provide for that type of Ordinance so that is the reason site condos are usually part of the Zoning Ordinance.
He suggested adding an amendment to Article V, which would be the new Section 5.172. He stated that the definition section of the Zoning Ordinance has a definition of a site condominium. Sections 5.170, 5.171, 5.172 should be amended. (see inserB A)
Mr. Harsch reviewed Section 5.233 (Basis of determination for special uses). It states that the Planning Commission shall review the proposed special use in terms of such standards stated with this Chapter and shall find adequate evidence that such use in the proposed locations. Mr. Harsch read the following standards and requirements: (see insert A).
Mrs. Cross asked about sidewalk installation. Mr. Harsch 5.233(7)(p) would allow the Planning Commission to address that issue. Mr. Harsch stated that the proposed site condo on the north side would not be covered by this proposal since they have already submitted their plan.
Mrs. Cross asked why this proposal was not implemented sooner? Mr. Harsch stated the last time a site condo was addressed was for
the C & O Club. There are few opportunities within the community
where a site condo could be built.
Mr. Hess pointed out that if there is a profit to be made, land will be cleared to build a site condo.
Mr. Harsch pointed out that the Zoning Ordinance already has requirements that allow us to review this type of plan.
Mr. Hess expressed concern that there is a proposed 15 unit site condo that the Planning Commission will never see.
Mr. Hess submitted an additional proposal for site condos. (see insert C).
He pointed out that the proposed site condo contains one unit that cannot be accessed internally which would require an additional curb cut off Division.
The Commission agreed to review this proposal with Mr. Harsch’s language prior to making a decision.
Motion by Gully Supported by Flanders
To table discussion of “site condominiums” to February 14, 2005.
Ayes: Gully, Cross, Kusina, Hess, Flanders and Staley
Nays: None
Motion Carried
2. Discussion of “big-box” stores
Mr. Harsch reminded that Commission that they wanted to wait until the Comprehensive Plan was reviewed. However, there is a great deal of interest by City Council to have something enacted in the mean time. This is the reason for this review.
Mr. Harsch pointed out that additional material has been provided from “The Hometown Advantage” website. (see insert D)
He pointed out that Glens is approximately 40,000 sf. Mr. Harsch reviewed the language proposed in Section 5.82(23) (see insert E).
He reminded the Commission that there is currently a development plan review process in place. We would have to amend the sections found in the C-1 zoning district that deal with special use permits for retailers having a gross leasable area of greater than 15,000 sf. Any single retailer could not exceed 45,000 sf.
Once the requirements for a special use review is in place, the plan would have to go before the Planning Commission for review.
The Commission expressed concern that even with this proposal, a developer could build back to back stores containing 45,000 sf.
Mr. Harsch stated that while that is true, the applicant would still have to go through the special use review. He pointed out that this amendment could be supported in court, based on the research that the City has conducted.
Mr. Staley stated that in the past, the concept was to create a one-stop shopping environment in the downtown area. Building a big box store outside of town would create a one-stop shopping area which would hurt the downtown businesses. He also pointed out that if a big box store pulls out they just leave the building; as was done in Gaylord.
Ms. Gully asked if this will be part of the Master Plan. Mr. Harsch stated that it is, and has been addressed in the Commission’s vision statement.
Mr. Kusina suggested that a public hearing be set before the size determinations are made.
Mr. Hess asked if there is some language that could be added that would stop three 45,000 sf buildings being built side by side. He requested that additional language be added for the public hearing.
Motion by Flanders Supported by Cross
To set a public hearing for February 14, 2005 to consider Zoning Ordinance amendment to Section 5.82(23)(b), as presented.
Ayes: Kusina, Hess, Staley, Gully, Cross and Flanders,
Nays: None
Motion Carried
H) NEW BUSINESS
1. Election of Planning Commission officers for 2005
Diane Gully nominated Mr. John Hess as Chairman of the Planning Commission for the year 2005. Nominations were closed.
Motion by Gully Supported by Cross
To appoint Mr. John Hess as Chairman of the Planning Commission for the year 2005.
Ayes: Kusina, Hess, Staley, Gully, Cross and Flanders,
Nays: None
Motion Carried
John Hess nominated Mr. Dennis Kusina as Vice-Chair of the Planning Commission for the year 2005. Nominations were closed.
Motion by Hess Supported by Flanders
To appoint Mr. Dennis Kusina as Vice-Chair of the Planning Commission for the year 2005
Ayes: Kusina, Hess, Staley, Gully, Cross and Flanders,
Nays: None
Motion Carried
Mr. John Hess nominated Diane Gully as Secretary of the Planning Commission for the year 2005. Nominations were closed.
Ayes: Kusina, Hess, Staley, Gully, Cross and Flanders,
Nays: None
Motion Carried
Motion by Flanders Supported by Staley
To approve the meeting schedule for the Planning Commission for the year 2005 as presented.
Ayes: Kusina, Hess, Staley, Gully, Cross and Flanders,
Nays: None
Motion Carried
The Commission requested that Dianne Manore continue as the Recording Secretary.
Mr. Hess referred to the MSU Extension classes that were held in Boyne City. On January 5, a number of Commissioners attended a meeting that spoke to ethics and conflicts of interest. Mr. Hess submitted a 24 page paper which addresses conflicts of interest
incompatibile offices and ethics. A copy of this paper can be obtained from the Zoning Administrator.
I) FUTURE AGENDA ITEMS,
None
J) ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 7:50 P.M.
Respectfully submitted,
Dianne Manore,
Recording Secretary