1.   Roll Call

PRESENT:  Baker, Kozakiewicz, Max, Mead, Senesac, Svenson

ABSENT:     Dowling, Geisler and Wieland (excused)

OTHERS PRESENT:  Jon Lynch, Assistant City Manager; Mark Ostgarden, City Planner; Sally Sutton, Zoning Board of Appeals Member and 9 others.

2.   Approval of Minutes

Regular Meeting of April 27, 2004

It was moved by Max and supported by Baker to approve the minutes of April 27th as corrected.  The minutes were unanimously approved. 


3.   Public Hearings


      Special Use Permit #13 – Consideration of special use permit approval requested by

      Dow-Howell-Gilmore-Associates, Inc. to construct a new office building on the north

      side of Sugnet Drive at Whiting Drive.  [See transcript]



4.   Public Comments (not related to agenda items)




5.      Old Business


A.  Site Plan No. 240 – Consideration of site plan approval requested by Ayres Associates

      for a proposed 14,820 square foot Walgreens Pharmacy and a 6,600 square foot

      office building at the southeast intersection of Eastman Avenue and North Saginaw Road.


Mark Ostgarden reintroduced the site plan with the comparison of two plans with

reference to the site analysis of the site engineering comments.  The plan was not

prepared by the City of Midland but was developed by the petitioner in response to comments from the City’s traffic engineer.  He made reference to the neighborhood concerns

about the site.


Commissioner Baker wanted to know if Walgreens would accept either the original plan or

the revised plan.  It was noted that Walgreen’s preferred the original plan.


Commissioner Senesac stated that the drive entrance can be elsewhere.


Jon Lynch held a discussion of zoning district boundary lines, noting that the revised plan would allow a portion of the office building to be used for commercial activity.


Commissioner Mead wanted to know the proximity of the revised drive to the

existing drive (roughly 95’ apart).


Commissioner Senesac discussed what happens when the southbound traffic turns left into the site.  No left turns at the Eastman driveway on the original plan met with approval of the traffic engineer and has potential to address concerns of residents on Burrell Court.


Dave Pruder, petitioner from Agree Realty, Farmington Hills, Michigan stated that the

left turn restriction may compound problems as it forces traffic onto Saginaw Road.  Accessibility is

critical for success.  Three abutting residents prefer the original plan.


Commissioner Svenson stated that there is a 20 minute back up at around 5:00 but

at other times it is not an issue.  With plan two could the building entrance be facing



      Dave Pruder stated that at Walgreens the busiest days are Mondays.  He anticipates

      less volume than the existing South Saginaw Road store today. 


Commissioner Senesac wanted to know if they looked at moving the building and expanding

the drive way.


Dave Pruder stated that movement of the drive would result in a loss of 12’ in design.

This seems to be the best plan for circulation.  No they cannot move the building

because of the fire department access.


Public comment for new information:


Mike Fales, 7 Burrell Court, second lot in, one of three with common boundary.  The

new building would be 33’ closer to him.  It is very important to him in light of change

of zoning question and turning it around would make it worse than before.  He showed

Illustrations from Bill Knapp’s and from his deck.  He requested the number of accidents

at the corner of Burrell and Bill Knapp’s.  The revised site plan does not satisfy the

approved standards but the original plan does.  He disagrees with the traffic



Leo Stapleton approves the first plan and objects to the revised plan.  Keep trucks and

buses away from nearby houses.  Traffic would increase on Burrell Court and the Commission should take those factors into account.


Chris Lauckner, 3 Burrell Court, agrees with Mike and the second proposal would

be very difficult with respect to loss of privacy and he wants number one approved.


Commission Max stated that moving the entrance south from the original plan takes the

emphasis from Walgreens and puts it on the secondary building.  Site plan isn’t the

problem it is the location of the entrance.


Commissioner Svenson questioned if moving closer to Burrell Court would cause

more problems.


Commissioner Baker likes the first plan.


Commissioner Mead stated that moving makes little difference but the double yellow

for center line should be addressed.


Commissioner Kozakiewicz favors the original plan, moving the entrance creates

more issues then it revolves.  Number two isn’t the best plan for the residents or

the business.


Commissioner Senesac thinks these are safety issues with traffic on Eastman.  Both

plans improve with three drives to one.  He respects Stan’s comments and can’t

believe that farther north is better than farther south.  Farther from intersection is

better.  The Shell station at Patrick and South Saginaw Road works and it was



Commissioner Max stated that it would be more inconvenient to Burrell Court and

makes for more traffic.


Commissioner Svenson stated that with no left turn we are shifting the safety issue.


Commissioner Mead said that right turn only creates other issues that don’t’ make sense.


Commissioner Max stated that just as important, moving brings the rezoning

question back into the picture and puts traffic along the wall and nobody wants



It was moved by Max and seconded by Baker to recommend approval of Site Plan No.

240 with the following contingencies:


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

2.   Site lighting shall not cast illumination off site.

3.   If site irrigation is planned, a separate water service is required.

4.   Sign construction is in accord with the Zoning Ordinance.

5.   The refuse receptacle is identified.

6.   East and west of the proposed office building there will be evergreen landscape material 5’ in height for screening.




     The vote proceeded as follows:


     YEA:         Baker, Kozakiewicz, Max, Mead, and Svenson

     NAYS:      Senesac

     ABSENT:  Dowling, Geisler and Wieland


B.  Consideration of draft language to include in the new Zoning Ordinance to allow

parking in residential zoning districts by conditional use permit for adjacent

commercial and office zoning district uses.


It was moved by Svenson and seconded by Max to extend the meeting until 9:45 pm.


The vote proceeded as follows:


     YEA:        Kozakiewicz, Max, Senesac and Svenson

     NAYS:      Baker and Mead

     ABSENT:  Dowling, Geisler and Wieland


The City Planner presented draft language to include parking in residential districts as a conditional land use in residential zoning districts that would be part of the new Zoning Ordinance.  The draft described how the use would be permitted with a number of site development standards in addition to the conditional use permit requirements.


The Planning Commission thought the draft acceptable and the consensus was that a public hearing should be scheduled for community input on whether to include the language in the new Zoning Ordinance.


6.  New Business



7.  Communications



8.  Report of the Chairman


9.   Report of the Planning Director

The City Planner reported on the following matters:




May 10th

                                PUBLIC HEARINGS

      • Zoning Petition No. 507, 7501 Perrine Rd, set hearing (approved)
      • Zoning Petition No. 508, 6700 N Saginaw, set hearing (approved)
      • Zoning Petition No. 509, 4208 E Wheeler, set hearing (approved)
      • Zoning Petition No. 510, 7505 Perrine Rd, set hearing (approved)
      • Zoning Petition No. 511, 7221 Jefferson Rd, set hearing (approved)


                                ACTION ITEMS

      • Set public hearing to change name of Diamond Drive to Soccer Drive (June 14th)




May 20th

                                SPECIAL MEETING

                                                Joint meeting with City Council – 6:00 PM to 10:00 PM


May 25th

                                PUBLIC HEARINGS





                                Special Use Permit #13 – DHGA Office Building





May 18th



10.  Adjourn.

Adjournment at approximately 9:35 PM was moved by Mead, seconded by Max and

unanimously approved.

Respectfully submitted,



Jon Lynch, AICP

Planning Commission Secretary