Planning Commission Reverses Plans to Re-Zone Ayer Street

IRONWOOD, MI - Thursday, November 06, 2008 - A public hearing before the Ironwood Planning Commission was scheduled for last night to review and hear comment regarding the re-zoning of a stretch of land along Ayer Street. The parcel of land in question is currently zoned as Open Land.

Several concerned citizens spoke out against a scheme to re-zone the property as commercial. One local businessman, Jerry Pisani, has been trying, for over eight months, to purchase a four acre portion of the Ayer Street property to construct a commercial storage facility there.

Last night's public hearing discussed the possibility of designating a strip along the southern side of Ayer Street, 200 feet deep, as "industrial" property. According to the local paper and the posted agenda, the strip of land was originally going to be 300 feet deep. Community Development Director Dan Petersen told the Commission that City crews went out and paced off the parcel to get an idea of the property in question. It became apparent that a 300 foot deep strip would interfere with existing trails and other proposed recreational uses for the open land.

Hurley resident Jerry Pisani voiced his objection to the 200 foot depth restriction. He also claimed that the property being discussed was previously re-zoned "industrial" to accomodate incubator businesses.

"I'm interested in purchasing 4 acres -- three to four acres. But when you're talking about this," Pisani said as he pointed to the projected map of the site, "You cannot put anything into here under a 200 feet depth."

Commissioner Schomberg asked Mr. Pisani  to clarify what he wanted to do with the property he was thinking about buying. Pisani told Schomberg that he wanted to build commercial storage buildings there. Schomberg pointed out that storage facilities are not currently permitted on industrial property. Dan Petersen confirmed Mr. Schomberg's point. What would essentially happen if the Planning Commission were to approve the re-zoning of the property to "industrial" is that Mr. Pisani would be prevented from building his storage facility there anyway.

Mr. Pisani continued to insist that two years ago, the Planning Commission re-zoned the property as "light industrial" to accomodate incubator businesses. Commissioner Jackie Powers told Pisani that she researched this claim and found that the issue was discussed, but no formal action was taken regarding re-zoning. The City of Ironwood doesn't currently have a "light industrial" zoning designation. There has previously been discussion about creating a "light industrial" zone that would allow storage buildings and warehouses, but no such zone has yet been created.

Ms. Powers asked Mr. Pisani if he opposed the re-zoning considering the strip of land would only be 200 feet.

"I'm for the rezoning what it says in the paper," Pisani said, "It says... the first time in the paper it was 400 feet. The second ad in the paper was 300 feet. So now, I come here now, and it's down to 200 feet! I mean... something's wrong here!" Pisani pointed to the map and he told the Commission that there was plenty of open land there and none of the developments would affect the trail system. He said that nobody could do anything with only 200 feet of property.

Commissioner Fitting pointed out that he owned storage sheds across the street from where Pisani wanted to construct his units. He told Pisani that his four buildings were all placed on a lot that was only 169 feet deep. Fitting stated that his buildings required a 50 foot set-back in the front and a 30 foot rear set-back. He corrected Mr. Pisani's statement saying that a 200 foot deep property could be suitable for use.

Commission Chairman Wyssling asked the audience if there were any people wishing to speak in support of the re-zoning. No one spoke up. He then asked if there were any people wishing to speak in opposition to the proposal.

Ken Hazel  was the first to voice opposition. He said he is in favor of leaving the property as open space. He pointed out that the Comprehensive Plan designates the property as open space. Hazel suggested that changing the zoning of the property could create a situation that might result in legal action. Hazel told the Commission that nobody is going to come to the area to fill the "light industrial" properties. He suggested that there are better alternatives -- properties that are currently unused and/or blighted -- on the highway and downtown.

Hazel told the Commission he moved to the area because of the "endless winter" and because of the City's trail system. He said there are a lot of other people like him that want to move to the area. He asked the audience to raise their hands if they were familiar with the ABR trail system. About half of the audience raised their hands. Hazel told the Commission that a larger percentage of people in Minneapolis are familiar with ABR trails than Ironwood residents are. He said that cross country skiiers spend money here. They rent motel rooms, eat meals and even purchase real estate here. He told the Commission that many cross-country enthusiasts would gladly purchase homes in the area; fix them up; and use them only seasonally -- increasing the tax-base while positively impacting the landscape.

Hazel pointed out to the Commission that the City's "open" land is really an asset the City fails to recognize. Leaving the property "open" will actually bring more people here to live and play.

Lily Palmer also spoke out against the re-zoning. She pointed out that Ken Hazel's mention of "greenspace" is one of the things she wanted to address. She said that she moved here about four years ago, and one of the things that attracted her to the area was the "greenspace." Palmer said urban areas are quickly losing their "greenspace." She questioned if utilities such as water and sewer were available along Ayer Street.

She then asked if utilities were available in the industrial park, and if the industrial park was full. She questioned the logic of spending taxpayer money to develop greenspace when our industrial park isn't at full capacity.  Palmer suggested creating a "light industrial" zone in an "appropriate" location within the City.

Tom Bergman told the Commission that the very reason he moved here four years ago was for the outdoor activity and that he was opposed to re-zoning the Ayer Street property.

Annette Burchell, who is a member of the Parks and Recreation Committee, pointed out the beauty of the area. She pointed out that the 300 foot deep re-zoning would destroy the possibility of creating "loops" around the water ponds that exist on the property. She stated that very few municipal areas are as lucky as Ironwood to have such a vast "greenspace"/recreation area with such an elaborate trail system.

Jerry Pisani again addressed the Commission. He was noticably upset. He pointed out that former Community Development Director Pat Merrill suggested the Ayer Street area to him. He made Pisani believe that the property was already to be developed. Pisani pointed out that he has been working on this project for over eight months, and he has failed to make any progress due to all of the City's delays. Pisani suggested to the Commission that the treatment he has received from the City could very well be the same reason the City is not growing.

"Come on!" Pisani said, "Let's work with people!"

Commissioner Jackie Powers explained to the Commission that she went running along Ayer Street with the EZ Stride Running Club. She said she told the members of that group what the City was planning to do. According to Powers, they were all opposed to the idea. She went on to say that they went through the industrial park. She said she was impressed at the development there. She said the club then continued towards Luxmore Street. There, she said, she was "visually accosted" by a spray-paint on a trailer that says "Take Me!" They continued down Washington Street and she instantly hit with the idea that the blighted area would be an ideal area for an expanded industrial park.

Commissioner John Kasieta explained that he was in favor of the re-zoning, and that he thought what was happening to Mr. Pisani was wrong. Bob Schonberg told the Commission that the input from the community shows the property has more value as greenspace to the community than it would have if zoned industrial. He told Pisani that there are plenty of other places where storage facilities could be constructed.

A motion was made by Powers and seconded by Davey to leave the land designation as "open." Before a vote could be taken, Commissioner Mark Fitting asked the Commission Chairman if there would be a "conflict of interest" if he voted, considering Fitting owns storage buildings across the street from the area in question. Wyssling said that he could see no conflict. A roll call vote was taken. The Commissioners voted as follows: Debbie Bowles (NO); Sam Davey (YES); Mark Fitting (YES); John Kasieta (NO); John Wyssling (NO); Eric Lytwyniuk (NO); Powers (YES); Rayner (YES); and Schonberg (YES).

In other business the Commission decided to allow the Snowmobile Committee to meet with Ironwood Public Safety Director Bob Erspamer to establish snowmobile access routes on City streets -- to local businesses. Gogebic County Sheriff's Deputy Gordy Koski explained the reasons for establishing access routes on city streets.

Dan Petersen addressed the Committee with a list of project updates:

• Josephson's Nursing Home does not anticipate beginning construction as the site plan originally stated.
• Hovey's PILOT Agreement will need to be renewed if the project is to continue. A public hearing will be held at 5:20 PM on Monday, November 10, 2008.
• A wood-burning stove ordinance public hearing will be held on Monday, November 10, 2008 as well.
• Friday, November 21, 2008 at 4:00 PM there will be a tree lighting ceremony for the Jack Frost Festival in the Ironwood Pocket Park.
• The Zoning Ordinance Updates were sent back to the Planning Commission by the City Commission. Changes need to be made due to changes in State law. The City Commission wants the changes made by March 31, 2009.

John Kasieta mentioned to the Commission that Josephson's applied for a Revolving Loan Fund Loan. He asked Petersen if they received those funds. According to Petersen, he believed the money was sent over to the Economic Development "Brownfield" Authority and they were supposed to be in charge of the money. Petersen said he would check to see what has been done.

IPSD Director Bob Erspamer, speaking as a private citizen and as a next-door neighbor to the nursing home told the Commission that all of the trees that gave privacy to his home have been removed. Now he can see right into the nursing home dining area, he said.

According to Petersen and Erspamer things appear to have come to a stop and no plans appear to be in the future for expansion of the home.

Dan Petersen pointed out that several complaints have come into his office regarding the keeping of horses. He suggested that the current 10 acre R3 ordinance be re-addressed. Bob Schonberg agreed, telling the commission that things are changing.

Deb Bowles asked the City staff if the City was ever approached by Arby's Restaurants. She stated that several people have asked her what was going on, and she was wonder if the chain ever approached the City. Dan Petersen and Scott Erickson told Bowles that they had made attempts to contact the franchise headquarters but have not yet been successful.

The Commission briefly discussed the All Boards Meeting that took place recently. The general concensus seemed to be that the meeting was beneficial, and that more similar meetings need to be organized.

The Commission then set a public hearing date for a site plan review application for O'Reilly's Auto Parts, which plans on locating a store on the former Hardee's property. The hearing will be held prior to the next Planning Commission meeting in December.

Citizens were then given a chance to address the Commission. The following comments were made:

• Citizen Bob Erspamer requested that "if money has changed hands" regarding the Josephson's project, that a privacy fence be installed. Erspamer explained that he is the closest neighbor to the facility and all privacy has been lost since the trees were removed between the properties.
• Lou Bonagura challenged the validity of the public hearing voted, stating that there was a conflict of interest in allowing Mark Fitting an opportunity to vote. The Commission explained that no conflict existed because re-zoning would still not allow Mr. Pisani the opportutnity to  build storage buildings there.

Media represented at last night's meeting included Photojournalists Lou Bonagura and Arvo Toolanen from the IronwoodInfo.com and yours truly.