1. Roll Call

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

ABSENT: Kozakiewicz (excused) and Max (unexcused)

OTHERS PRESENT: Jon Lynch, Assistant City Manager; Mark Ostgarden, City Planner; Cheri Standfest, Community Development Specialist; and 4 others.

2. Approval of Minutes

Regular Meeting of March 23, 2004

It was moved by Wieland and supported by Dowling to approve the minutes of March 23rd. The minutes were unanimously approved with one correction, 5C the last word should be Agricultural not Residential A-1.


3. Public Hearings



4. Public Comments (not related to agenda items)




5.      Old Business


Site Plan No. 239 Consideration of site plan approval requested by Joe Kaltsas on

behalf of Kimley-Horn and Associates, Chicago, Illinois for Murphy Oil Fueling Station

proposed for a 0.61 acre lease area on the southwest corner of the Wal-Mart Store site

on the north side of Joe Mann Boulevard.


The City Planner reviewed the location of the site plan as well as revisions made to it. The changes include additional landscaping around the dumpster area, relocating the ATM machine to provide additional vehicle stacking spaces and a landscape area at the southwest corner of the site.


Jim Bitter of Kimley-Horn and Associates stated CESO was going to install the sidewalk along Joe Mann Boulevard. To the east of the proposed dumpster area, Wal-Mart just has

grass between the driveway and Joe Mann Boulevard. The proposed screening wall for the dumpster will be six feet high.


There was discussion about possible alternate locations for the dumpster. Commissioner Senesac suggested it be relocated to the northeast corner of the site.


The petitioners concern was that another location would interfere with access for trash pick-up and also create traffic safety concerns.


The City Planner stated that the city traffic engineer would be asked to comment on any relocation to ensure that there were no traffic safety issues.


Commissioner Wieland likes the dumpster where it is.


Commissioner Svenson agrees, she suggested trees for screening which will provide a year around screen for the dumpster enclosure.


Commissioner Geisler also likes the dumpster where it is, however, he suggested that the screening be brought along the south and west.


Commissioner Baker thinks this is a reasonable compromise.


Commissioner Senesac would like to see some shrubs to the east of the dumpster.


There will be vines on the other two walls of the dumpster for screening.


It was moved by Wieland and seconded by Mead to recommend approval of Site Plan

No. 239 with the following contingencies:


1. Storm water retention plans are reviewed and approved by the City of Midland

Engineering Department.

2. Site access shall be redesigned in accord with the traffic engineer recommendation

and construction completed prior to the gas station being open for business.

3. Sidewalks are installed prior to opening.

4. Dumpster enclosure will be screened with opaque vegetation and evergreens.

5. Dumpster enclosure will have a wooden opaque gate.

6. Relocate the ATM to the easterly end of the concrete island.


The vote proceeded as follows:


YEA: Baker, Dowling, Max, Mead, Senesac, Svenson and Wieland

NAYS: None

ABSENT: Kozakiewicz and Max


6. New Business

Parking in Residential Zones by Conditional Use Permit.

The City Planner made a presentation on the issues associated with allowing commercial parking in residential zones.

Issues for consideration:

  1. Should commercial parking lot uses be allowed in residential neighborhoods?
  2. What impact will commercial parking lots have on the adjacent residential uses?
  3. What are the consequences of allowing commercial parking lots in residential zones?
  4. Should commercial parking lots be allowed only in RA-4 and RB zones?
  5. Has there been a demonstrated community need for the use or is this an application

of land use?


Maps of several areas where the residential and commercial/office zoning interface exists. Examples of what can occur if the change was made were provided.


Following the presentation, Commissioner Svenson noted the issues associated with allowing parking were negative. She asked if there were any positives to allowing the parking and if staff recommended the change.


The City Planner noted that it allowing the use would provide an opportunity where additional parking is needed. However, he stated that when all the issues are taken together permitting the parking as conditional land use is not recommended.


Commissioner Svenson asked what other communities permit the parking. The City Planner reported the conditions for approving parking lots have been provided by McKenna Associates based on information from other communities. That information can be provided.


A review of the conditional land use permit process was made by both the Assistant City Manager and the City Planner. The process and the standards for review were explained.


Following this review, Commissioner Wieland commented that he was more comfortable about being able to limit parking lots in residential areas.


The Commission requested language be prepared which will allow parking for office and commercial land uses as conditional land uses in residential zoning districts

7. Communications

Copies of the Planning/Zoning News were distributed.


8. Report of the Chairman


9. Report of the Planning Director

The Director reported on the following matters:




April 12th


Zoning Petition No. 506 Agree Realty Corporation (denied)



Oakbrook Estates East, final plat (approved)

Refer to PC request to change name of Diamond Drive to Soccer Drive

Set joint meeting date to discuss Zoning Ordinance (May 20th)

Zoning Petition No. 507, 7501 Perrine Rd, set hearing (May 10th)

Zoning Petition No. 508, 6700 N. Saginaw, set hearing (May 10th)

Zoning Petition No. 509, 4208 E. Wheeler, set hearing (May 10th)

Zoning Petition No. 510, 7505 Perrine Rd, set hearing (May 10th)

Zoning Petition No. 511, 7221 Jefferson Ave, set hearing (May 10th)



April 13th


None Scheduled



Site Plan No. 239 Murphy Oil, Wal-Mart Gas Station

Discussion of parking in residential zones via conditional use


April 27th


Special Use Permit #13, DHGA for office bldg on W. Sugnet Road

Site Plan No. 240, Walgreens, SE corner Eastman / Saginaw



Consideration of street name change Diamond Drive to Soccer Drive





April 20th

1. A required side yard encroachment on Linwood Street to permit a screened

porch to be constructed on an existing deck.

2. Sign variance to permit signs larger than allowed at the new Fifth Third Bank

site at the corner of S. Saginaw Road and Rodd Street.

3. A required front yard setback encroachment on a double fronting lot located

on Wilson Court and Jefferson Avenue, to permit a garage to be constructed.


10. Adjourn.

Adjournment at approximately 9:15 PM was moved by Geisler, seconded by Wieland and unanimously approved.

Respectfully submitted,



Jon Lynch, AICP

Planning Commission Secretary