1.   Roll Call

PRESENT:  Baker, Dowling, Geisler, Kozakiewicz, Mead, Senesac and Wieland

ABSENT:     Max and Svenson (each excused)

OTHERS PRESENT:  Jon Lynch, Assistant City Manager; Mark Ostgarden, City Planner; Cheri Standfest, Community Development Specialist; Sally Sutton, Zoning Board of Appeals member and 32 others.

2.   Approval of Minutes

It was moved by Wieland and supported by Baker to approve the minutes of September 2nd. The minutes were unanimously approved as presented.

It was moved by Mead and supported by Kozakiewicz to approve the minutes of September 9th.  The minutes were unanimously approved as presented.


3.   Public Hearings


      Site Plan No. 232 – A public hearing to consider site plan approval requested by Midland

      Baptist Church to construct an expansion of an existing parking lot which will have access

      To Harper Lane, at 5009 Jefferson Avenue.  [See transcript]


4.   Public Comments (not related to agenda items)




5.   Old Business


A. Site Plan No. 220 – consideration of site plan approval requested by WT Development to construct a 2,947 square foot Taco Bell restaurant on property located at 1826 South Saginaw Road, east of Dunham’s Sports.


Revisions –


March plan – No additional curb cut.

August plan – 2009 square foot structure plus new curb cut onto Saginaw Road.

September plan – Parking is located to the east, two way traffic to the north and south of the site and a curb cut on the east with a wedge island to direct traffic to right turn movements only.  Distance from existing drives to new driveway (center line to center line).  They are both 162 lineal feet from the centerline to the new driveway.


Fire department highlighted the six parking spaces to the north. They can live with the spaces remaining.  They are not within the control of the site.




1.   Proposed curb cut on South Saginaw Road is eliminated.

2.   Traffic on the northwest corner of the site is safely and effectively “channelized” into the west drive aisle.

3.   Lane striping and signage are provided so as to effectively direct traffic at the southwest corner of the site.

4.   A permit is secured to construct sidewalk within the South Saginaw Road ROW so as to connect the site walkway with the public sidewalk prior to construction.

5.   Site lighting will not cast illumination off site.

6.   Site utility plans are approved by the Midland Department of Public Utilities.

7.   Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.


Letter in packet regarding number of parking spaces for K-Mart and Dunham’s.  This is an

issue between private property owners and the Planning Commission need not be

concerned with this issue.


Leroy Asher – 150 West Jefferson, Detroit, Michigan.  The plan meets all the ordinance

criteria.  There are issues between the private property owners, but these do not impact

this site plan.  They are agreeable to all the conditions mentioned by Jon tonight.


They will increase the width of the driveway on the north from 9 feet to 12 feet.  The

landscaping will be changed from 8 feet wide to 5 feet wide. 


Alex Irigoyen – 3717 Woodlawn – Mr. and Mrs. Rapanos have invested a significant amount

Of money in landscaping and improvements on their site.  The owners of K-Mart property

were against this development.  They feel it would adversely affect their property for Taco

Bell customers to use their ingress/egress curb cut.


Joan Dundas – 1028 Eastlawn – Her business will not be visible from Saginaw Road if Taco

Bell goes in.


Commissioner Kozakiewicz stated there seemed to be a lot of private issues.  How do these private issues play into our decision?


Jon Lynch stated that when this site plan was first introduced in March, we took these issues to the City Attorney.  He said those are all private agreements and should be left to the property owners.  That remains the City Attorney’s position today.  The Planning Commission should just focus on the criteria stated in the ordinance.


Commissioner Geisler stated that he would like to see the new curb cut eliminated and only have ingress/egress from the K-Mart and Rapanos properties.


Commissioner Wieland said that he agrees with Mr. Geisler.  However, he does feel it meets the criteria laid forth in the ordinance.


Commissioner Dowling agrees and Commissioner Baker stated that this could be tied up in courts for years.


A motion to approve without the curb cut in front and that Taco Bell gets its access from the Dunham’s property to the west, plus with the contingency items in the staff report was made by Geisler and supported by Kozakiewicz to approve.


The vote proceeded as follows:


Yea:           Baker, Dowling, Geisler, Kozakiewicz, Mead, Senesac and Wieland

Nay:           None

Absent:      Max and Svenson


B. Site Plan No. 231 – consideration of site plan approval requested by Keith Thurlow on behalf of 5500 Eastman Avenue building to construct a 36,600 square foot building on property located east of Eastman Avenue, south of Dilloway Drive and north of Sylvan Lane.


Public hearing issues is the building length is reduced to 183 feet from 213 feet.


Mark Ostgarden contacted the Bay City office of the DEQ to see if there are regulated wetlands on this site.  This is a private matter that the Planning Commission should not be concerned with.  Contingency items reviewed from staff report.


Keith Thurlow – stated they are leaving 1/3 of the property as green space.  They have reduced the size of the building by 30 feet.  This was rezoned back in 1991 so it is no surprise offices will be going in here.  They reduced the size of the building by 30 feet but they left the parking the same (the number of spaces).


A motion to extend meeting past 9:30 was made by Geisler and supported by Wieland to approve.


The vote proceeded as follows:  (Baker was out of the room.)


Yea:           Dowling Geisler, Kozakiewicz, Senesac and Wieland

Nay:           Mead

Absent:      Max and Svenson


A motion to approve the plan subject to compliance with the contingencies in the staff report for the 183 foot building was made by Kozakiewicz and supported by Dowling to approve.


Adding a contingency item for the wall – that the developer provides information to the City Council about the aesthetics of the wall.


The vote proceeded as follows:


Yea:           Baker, Dowling, Geisler, Kozakiewicz, Mead and Wieland

Nay:           Senesac

Absent:      Max and Svenson



6.   New Business



7.   Communications

8.   Report of the Chairman


9.   Report of the Planning Director




o        September 29th

Public Hearing Zoning Petition #501 (Campbell)

Public Hearing Zoning Text Amendment – Correctional Facilities in

Community Zone

Site Plan #220 – Taco Bell

Site Plan #230 – Aegis Environmental

Site Plan #231 – Eastman Office Building




o        September 23rd  - Public Hearings

Site Plan #232 – Midland Baptist Church (parking)

o        September 23rdAction Items

1. Site Plan #220 – Taco Bell S. Saginaw Road

2. Site Plan #231 – Thurlow Office Building, Eastman Avenue


o        October 14th


Public Hearings


Action Items

Site Plan #232 – Midland Baptist Church (parking)


Note:  October 15 – 18

      Michigan Society of Planning Annual Conference


10.  Adjourn.

Adjournment at approximately 9:50 PM was moved by Baker, seconded by Geisler, and unanimously approved.

Respectfully submitted,





Jon Lynch, AICP

Assistant City Manager