Planning Commission Minutes

Members Present: D. Brown, M. Huizenga, C. Gornowich, J. Hickey, Chairman; S. Versluis, and C. Rypma. Absent: M. Ferris-Young. Also present: F. Wash, Planning Director, and P. Dlouhy, Planning Asst.

Chairman Hickey opened the meeting and Member Rypma gave the invocation.

Motion by C. Gornowich, supported by D. Brown, to approve the November 20, 2007 minutes as printed. Motion carried unanimously.

There were no comments at this time.

Chairman Hickey read the request for rezoning from MH-Heavy Industrial to

A-Single Family Residential for property located at 914 Pannell, N.W., PPN 41-13-11-454-017.

Planner Wash reviewed the staff report and an aerial overview of the Pannell and Tamarack area. He then reviewed the zoning and master plan for the area. Wash related that the 50’ x 128’ subject parcel is currently used for single-family residential purposes and zoned MH-Heavy Industrial. He indicated that the Pannell Street corridor consists of a mix of heavy industrial and non-conforming residential uses. Wash related that the rezoning would not be consistent with the 1998 City of Walker Master Plan and Future Land Use Map.

Planner Wash related that the applicant is requesting to rezone the property to A-Single Family residential to enable her to refinance her mortgage. Wash related that banks are hesitant to grant a loan on non-conforming residential property. If the house burns down or is damaged more than 75%, there is no guarantee that the Zoning Board of Appeals would grant a variance to rebuild. Rezoning from MH to A would remove the non-conforming use of the site.

Wash related that the existing parcels sites on both sides of this site are not conducive for MH uses and are currently used as residential lots.

Staff reviewed the procedural aspects of the rezoning, and indicated that staff supports a recommendation for approval.

Germaine Pattok, applicant, stated that from a property owner’s insurance perspective, her insurance company has no obligation to pay to rebuild, but rather only pay the actual cash value.

Member Versluis asked if this area will stay MH-Heavy Industrial, or if other non-conforming property owners would be interested in rezoning their properties to A-Residential as well?

Planner Wash related, in looking at the aerial photo, this area is an urban core with heavy industrial and single family residential mixed together, which isn’t typical in most of Walker. Historically, this property was probably planned to become MH – Heavy Industrial. There are currently several residential non-conformities along Pannell.

Jim Wysocki, 1338 Pannell, supports the rezoning, and stated that he may want to rezone his property as well. He stated that he lives west from this parcel across from Marsman Construction.

Member Gornowich asked if it would be wise to initiate rezoning of this entire strip from MH to A, based on mortgage refinancing and the insurance part of it. If someone suffers a tragedy such as a fire, they would have to jump through many hoops. If we envision this area to remain a stable residential area, we might consider the zone change.

Member Versluis stated that this would be a proactive approach to the situation.

Germaine Pattok stated that she has talked to some of the neighbors and feels there is an interest to rezone from MH to A.

Jim Wysocki asked if this action would affect the Grand Walk at all? Planner Wash stated that it will not affect Grand Walk, as that is a long term project.

Motion by S. Versluis, supported by C. Gornowich, to close the public hearing. Motion carried.

Motion by C. Gornowich, supported by S. Versluis, to recommend approval to the Walker City Commission of the rezoning for 914 Pannell NW (PPN 41-13-11-454-017), from MH-Heavy Industrial to A-Single Family Residential. Also staff should initiate a possible rezoning from MH to A for several nonconforming single family home sites along Pannell Road. A letter should be sent to property owners to sample their interest in a rezoning. Motion carried unanimously.

Chairman Hickey read the item for deletion of Section 94-167(d) (12), which requires that mineral mining activities receive a special land use permit from the Planning Commission.

Chairman Hickey stated that the Planning Commission used to review mineral mining permits many years ago.

Member Versluis stated that he is the Chairman of the Mineral Mining Review Board. He explained how well the board is run, all of the inner workings, the noticing aspect to the neighbors, the public hearing, minutes from the meetings, etc.

Versluis feels that they have the expertise of city staff, along with applicant’s engineers and attorneys who attend the meetings. Versluis stated that 8 or 9 mining operations are reviewed annually, and staff is able to stay on top of the phasing aspects, hours of operation, complaints, etc. with different development scenarios as an end use. Soil erosion measures are carefully monitored on a yearly basis.

Member Gornowich asked what is the size or acreage requirement for mineral mining review? Planner Wash stated 5,000 cubic yards being removed is considered a mineral mining operation by the code.

Motion by S. Versluis, supported by C. Gornowich, to open the public hearing. Motion carried.

Mrs. Harry Weller, a Walker resident, asked who polices the Mineral Mining Ordinance? Member Versluis stated the building, planning and engineering departments. Versluis related that the board does on-site visits, utilizes aerial photography, and city staff conducts the inspections.

Planner Wash stated that this zoning amendment references all of the residential districts and the deletion is basically a clean up of the ordinance.

Motion by S. Versluis, supported by M. Huizenga, to close the public hearing. Motion carried.

Motion by C. Gornowich, supported by S. Versluis, to forward a favorable recommendation to the City Commission to amend Section 94-167(d)(12) of Chapter 94 of the Code of Ordinances. Motion carried unanimously.

Planner Wash related that the next meeting originally scheduled for December 19, 2007 is cancelled due to a lack of agenda items.

Planner Wash stated that he met with the Orchard Park project management team today in an effort to keep things moving forward.

Chairman Hickey asked if Planner Wash met with Jeff Chamberlain and the English Hills Golf Course group recently. Wash indicated about a month ago they met and he related that the sketch plan matches the master plan update. The City is looking at a future special assessment district to get Northridge Dr. built.

Motion by M. Huizenga, supported by D. Brown, to adjourn. Motion carried.

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Administrative Approval Carol Gornowich, Secretary

Walker Planning Commission