1.   Roll Call

PRESENT:  Baker, Geisler, Kozakiewicz, Max, Senesac, Slicker, Svenson and Wieland

ABSENT:     Dowling (excused)

OTHERS PRESENT:  Jon Lynch, Assistant City Manager; Mark Ostgarden, City Planner; Cheri Standfest, Administrative Assistant; Sally Sutton, Zoning Board of Appeals and 16 others

2.   Approval of Minutes

Regular Meeting of April 8, 2003

It was moved by Senesac and supported by Wieland to approve the minutes of April 8th as presented.  The minutes were unanimously approved.


3.   Public Hearings




4.   Public Comments (not related to agenda items)




5.      Old Business


Site Plan No. 226 – request by F/A Pnacek, LTD to review and approve a site plan for construction of 18 site condominiums off of Joseph Drive east of Jefferson Avenue.  Mark Ostgarden reviewed the issues regarding the site plan that were presented at the public hearing on April 8th.  Street names have been provided.  Manholes have been located in the turn around.  Streets have been widened to allow parking on one side of the street.  Contingencies were noted from staff report, deleting #’s 5, 6, 7 and 8 as those issues have been satisfied.  Additionally, staff recommends the installation of sidewalks.


Commissioner Senesac is opposed to the plan because:  having houses 7’ from the property to the north is too close and he would like to see a plan to reduce the number of curb cuts onto Joseph Drive.


Commissioner Svenson agrees with Senesac.  She would like to see some landscape buffer between this development and that to the north.


Commissioner Baker opposed the parking situation, the 7’ side yard setback and the no landscaping proposed.


Commissioner Max is opposed.  He thinks it meets criteria but there are problems like the parking in the street the criteria it does not meet is the deleterious effect to the surrounding properties.


Commissioner Kozakiewicz feels it does meet all the criteria.  He doesn’t like the plan, but he feels it does meet all the criteria.


Commissioner Geisler read each of the criteria.  Senesac & Baker believe #1 is not met, #2 is ok per all, #3 everyone feels some type of landscaping should be required, #4 lighting – no one sees a problem here, #5 Max feels this is not met, Baker agrees, #6 development standards.


It was moved by Senesac and seconded by Max to approve with contingencies that were stated in the staff report, realizing several of them have already been met. 


1.   Following construction utility easements and a detention pond location easement shall be provided.

2.   Each court shall be properly identified as a fire lane.

3.   Site lighting will not cast illumination off site.

4.   Storm water retention plans shall be reviewed and approved by the City of Midland Engineering Department.

5.   Hard surface construction around each sanitary manhole shall be provided to the satisfaction of the utility department.

6.   If trash receptacles are planned, screening shall be provided.

7.   Each court shall be individually named.

8.   Sidewalk shall be installed during 2004 construction year and the developer shall provide a financial guarantee in an amount equal to the cost of installation valid until November 1, 2005.


The vote proceeded as follows:


YEA:         Kozakiewicz

NAY:         Baker, Geisler, Max, Senesac, Slicker, Svenson and Wieland

ABSENT:  Dowling



      Zoning Petition No. 500 – request by Todd Bennett to rezone property owned by Earl D.

      Bennett Construction located off of West Wackerly Street, north and east of Northgate

      Drive from Office-Service 2 to Business B-1.


      Mark summarized the rezoning petition request and the issues raised at the public hearing.

      Staff recommends denial of this rezoning as they feel the petitioner has not demonstrated

      that the property cannot be used as it is currently zoned.


      Commissioner Senesac stated that we’ve heard comments both for and against.  When you

      change the zoning, it allows whatever use is allowed in that zoning district.  He supports

      staffs recommendation of denial.  Most commissioners agreed.


      It was moved by Senesac and seconded by Kozakiewicz to recommend City Council approval

      of Zoning Petition No. 500.


      The vote proceeded as follows:


YEA:  Sevenon

NAY:  Baker, Geisler, Kozakiewicz, Max, Slicker, Senesac and Wieland

ABSENT:   Dowling


      Preliminary Plat of Oakbrook Estates East – request by Bartow & King Engineers

      for tentative approval of a preliminary plat of Oakbrook Estates East, a residential

      subdivision of 6 lots on 6.48 acres east of Jefferson Avenue east on Oakbrook



      Richard Fosgitt has reviewed the letter from the County Road Commission.  He

      requested tentative and final approval of the preliminary plat and have received the

      approval of the County Drain Commissioner.


      Commission Max thinks it is a good plan.  He is in favor.  Commission Svenson also

      approves the plan.  Commissioners Baker and Slicker also support.

      approval on the plat.


It was moved by Baker and seconded by Max to recommend City Council give

tentative approval to the Preliminary Plat of Oakbrook Estates East contingent upon:


1.   Utility mains do not encroach into the Oakbrook Drive right of way.

2.   The size and location of the utilities shall be approved by the City of Midland.

3.   A utility easement across the westerly portion of Lot 1 is accepted by the

      City of Midland.

4.   A storm water retention plan is approved by the City Engineering Department.

5.   A public walkway is provided along the west lot line of Lot 1 to connect to

      Broadhead Estates.


The vote proceeded as follows:

YEA:  Baker, Geisler, Kozakiewicz, Max, Senesac, Slicker, Svenson and Wieland

NAY:  None

ABSENT:  Dowling

6.  New Business


7.  Communications

      Letter from Homer Township Planning Commission April 10, 2003 – This letter provides

      responses to questions regarding zoning of annexed property raised during the

      January 22nd joint meeting of the City of Midland Planning Commission and the Homer

      Township Planning Commission.

8.  Report of the Chairman


9.   Report of the Planning Director

The Director reported on the following matters:




April 14th


                        1)   Site Plan No. 223 – Rodnick @ W. Wackerly

                        2)   Site Plan No. 225 – Regional Dialysis @ Jefferson / Wheeler

                        3)   Tentative Preliminary Plat – Countryside Estates

                        4)   Final Preliminary Plat – Broadhead Estates

                        5)   Preliminary Plat Extension – City Forest Estates

                        6)   Final Plat – City Forest Estates


April 28th


                        1)   Tentative Preliminary Plat – Oakbrook Estates

                        2)   Zoning Petition No. 500 (Set Public Hearing) – Todd Bennett; W. Wackerly

                              Street, N & E of Northgate Dr. from OS-2 to Business B-1.

                        3)   Site Plan No. 226 (Conduct Public Hearing) – The Courts at Joseph’s

                              Run, N of Joseph Dr. & W. of Midfield Lane (18 unit site condominium)



April 22nd

                                PUBLIC HEARINGS


                        ACTION ITEMS

1)      Zoning Petition No. 500 (Action)

2)      Site Plan No. 226 (Action)

3)      Preliminary Plat – Oakbrook Estates (Action)


May 13th

Discussion regarding zoning of recently annexed property – N. Saginaw Rd.






Toolbox Project


                        May 31st – Special Session on Ordinances



10.  Adjourn.

Adjournment at approximately 8:55 PM was moved by Svenson, seconded by Wieland, and unanimously approved.

Respectfully submitted,

Jon Lynch, AICP

Planning Commission Secretary