1.   Roll Call

PRESENT:  Eyre, Kozakiewicz, Gaynor, Mead, Rapanos, Senesac, and Svenson

ABSENT:     Plotzke

OTHERS PRESENT:  Daryl Poprave, City Planner; Debbie Marquardt, Technical Secretary and 9 others.


2.   Approval of Minutes

Regular Meeting of July 12, 2005

It was moved by Eyre and supported by Svenson to approve the minutes of July 12th with the mentioned corrections. The minutes were unanimously approved. 


3.   Public Hearings


      Steve Rapanos requested that he be permitted to abstain because he is related to

      the petitioner.


      It was moved by Kozakiewicz and seconded by Svenson to accept the request from

      Steve Rapanos to abstain from Zoning Petitions No. 522 and No. 523 given the land

      owner is his father, John Rapanos.


      Motion passes unanimously.


      A.   Zoning Petition No. 522 – Consideration of a petition initiated by the Planning

            Commission to rezone approximately 1.09 acres located at the south side of the

            parcel at 2810 East Wheeler Street from Midland Township Residential A-1 to

            City of Midland Residential A-4 zoning.  [See transcript.]


      B.  Zoning Petition No. 523 – Consideration of a petition initiated by John Rapanos

            to rezone approximately 1.14 acres located at the west side of the parcel at 2810

            East Wheeler Street from Residential A-1 to Residential A-4 zoning.  [See



      C.  Conditional Use Permit No. 20 – Consideration of a petition initiated by Faulk

            & Foster on behalf of IPCS Wireless for conditional use permit approval to allow

            collocation of telecommunications equipment and increase of tower height at

            1730 N. Saginaw Road.  [See transcript.]


4.   Public Comments (not related to agenda items)




5.   Old Business


A.   Site Plan No. 248 – Consideration of a petition initiated by Ayres Associates, on behalf of Jeff and Shelly Weckesser, for site plan approval to allow construction of Danburry Place Townhouses, a 12 unit residential development located north of Universal Drive and west of Hedgewood Drive. 

Daryl Poprave oriented everyone to the location of the site.  The property has a gravel road bed and water and sewer and the road will be changed to a cul de sac style.  The zoning is high density Residential B.  On the new plan a fence is added if it is required to get council approved.  The southern most parking spot has been removed because it was in the 25’ front yard set back.  They are still way over on the parking.  A pedestrian path would be provided.

Ray Senesac asked Daryl about the walkway through the parking area.  If there were any issues related to that?   Since there is a short distance on the cul de sac and the number of units are low there won’t be much traffic on this street.  The west side of the property has driveways right up to the street.  The only other option would be to wrap it around the rear of the units.  As long as this is a cul de sac and not a through street it should be safe. 


Doug Stevens, Ayres Associates, spoke on the sidewalk going through the entry drive.  Now they have concrete sidewalk.  Doug stated that the walkway is the same as a sidewalk and they plan to put it on one side since there is minimal traffic.


Rapanos asked about the remaining parking space in a 25 foot setback.  He wanted to know what these guest parking spaces accomplish.  He would like to remove excess parking.


Daryl stated that when you have guests over there is no on-street parking so you will need the extra spaces. 


Rapanos stated that people will park on the street even if it is against the rules.  He stated that sidewalk is more important then parking. 


Doug Stevens stated that the garage counts as two spaces, the driveway counts for another and then spaces for the guests.


Senesac stated that if the fire department sees cars parked and they couldn’t get down the street they can call the police and have them towed.


Eyre said that if no parking is allowed on the street they need parking.  The driveways aren’t long enough and there might be some parking on the sidewalk.  The ordinance won’t allow parking on the street. 


Rapanos stated that off-street parking is met but the existing sidewalk isn’t being met.


Svenson stated that she agrees with Steve for sidewalk.


Svenson asked if it would be a problem if the sidewalk was moved closer to the street.


Daryl said that it is a private street and they could place it anywhere on their property.


Kozakiewicz stated that the engineers probably looked at this plan and this was the best way to fit it in.  Elderly housing doesn’t like or want sidewalks.


The petitioner stated that the sidewalk was just put on the west side.  Placing it adjacent to the road would lengthen the parking spaces and there would be more of a gap.  They could make the four additional guest spaces four foot deeper.  The sidewalk next to the road shouldn’t be an issue.  East side or west side, there wasn’t a lot of thought involved they put a walk in to meet requirements.

Rapanos stated that they should put the sidewalk next to the road.  He asked about a fence.


Stevens stated they need to verify the volume required for today’s storm water standards for the detention pond and it may increase or decrease in size.  There are trees in the back lot for a buffer. 

Eyre stated that a fence would define the line and screen the detention pond right out the windows.


Rapanos asked about trees instead of a fence.


The detention pond is designed to drain and it will not need a fence. 


Mead asked about refuse pickup.


Since this is a private street it could be picked up at the curb side.  The street would have to meet specifications for a truck to go down it on a contract basis.  A dumpster would be allowed but would need to be screened.


It was moved by Svenson and seconded by Mead to recommend Site Plan No. 248 Danburry Place with the contingency items: 


1.         A fire hydrant needs to be placed on the cul-de-sac.

2.         On-street parking on Danburry Place is prohibited.

3.         A storm water detention and site grading plan is provided for the development.

4.         The public sidewalk on Universal Drive is extended through the Danburry Place apron.

5.         Interior pedestrian circulation is a sidewalk on the east side of Danburry Place next to the road.

6.         The parking space that encroaches within the front yard setback is eliminated.

7.         Landscaping is installed on the west side of the property adjacent to the storm water detention at 75% obscuration screening, minimum six foot tall evergreens.

8.         Extending the guest off street parking spaces on the east side of Danburry Place four feet deeper.

The vote proceeded as follows:


YEA:                Eyre, Kozakiewicz, Gaynor, Mead, Rapanos, Senesac and Svenson

NAY:                None

ABSENT:         Plotzke

Motion passes unanimously.


B.  Conditional Use Permit No. 19 – Consideration of a petition initiated by Midland Church of Christ for conditional use permit approval to allow a place of worship at 1700 East Patrick Road. 


Daryl Poprave gave site location and a brief review.  Steve Rapanos had asked at the previous meeting about the liquor license at the Valley Produce store.  There is a 500 foot radius and since they are already there they had the permit before the church and they are allowed to exist and continue.  If they went out of business and sold their license, and a restaurant would move it, that restaurant would have to be located outside the 500 foot radius or get the consent from the church.  Valley Produce is located 250 feet from the church.  If it is the same type of business were to move in there, they could continue serving alcohol.  If the bar was outside the 250 foot radius, they could allow serving. 


Carol Svenson asked if any other businesses are located in that 500 foot radius.


Daryl Poprave stated that there is Valley Produce, a veterinarian clinic, Tony’s Restaurant and a dentist office. 


Roger Mead thinks this is a great use of an existing building.  You can’t have enough churches.  Everyone agreed.


It was moved by Mead and seconded by Eyre to recommend approval to City Council for Conditional Use Permit No. 19.

The vote proceeded as follows:


YEA:                Eyre, Kozakiewicz, Gaynor, Mead, Rapanos, Senesac and Svenson

NAY:                None

ABSENT:         Plotzke

Motion passes unanimously.


    C.    Circle PSD Boundary Designation – Presentation of Principal Shopping District boundary for Circle Business Area.


Daryl showed the map for the Circle PSD.  It is the same as the circle district zoning district with the exception of two differences.  On the north side of the circle adjacent to Saginaw Road there are office uses on Manor Drive and they have chosen to be outside the proposed principle shopping district.  Comerica and Fifth Third Bank would like to be included in the shopping district. 


There are two criteria, one is a legal description and the other is a map to describe the boundaries.  The legal description has been developed and is 4 ˝ pages long.  The Engineering Department is checking the description.  The map must meet the description. 


This issue will not be taken up at the August 9th meeting for a couple of reasons.  The City is hiring some planning consultants for work on a master plan and doing an amendment at the same time.  To alleviate some confusion in notification we would like to notice them together.  They won’t have any public hearings until October or November but we want to do it right the first time.  It won’t be rolled into the master plan.  We just want to be sure the notification is right.  This is an informational report tonight so you understand we are moving forward with the process.


This sets back their time line back by six months.  Special assessments would be levied in 2007.  Those assessments will go out in the 2006 summer tax bill and due in September and the first disbursement would be in December of that year. 


Rapanos asked if the boundaries are set or if they could change.  It could be changed up to the night of the hearing and amend the district.  This group has been working for five years and one or two lots could change.



6.  New Business



7.  Communications


Planning and Zoning News and a copy of the Subdivision Control Ordinance were handed out tonight.  The Planning conference is September 14 through the 17.  Carol Svenson would like to go.  Please submit a letter with your interest to the Planning Department.


8.  Report of the Chairman




9.  Report of the Planning Director


CITY COUNCIL                                                                                                                 


July 25th  

                                PUBLIC HEARINGS


                                ACTION ITEMS

§         Final Plat - Broadhead Estates No. 2


August 8th

                                PUBLIC HEARINGS


                                ACTION ITEMS

§         Site Plan No. 248 – W of Hedgewood Dr. and N of Universal Dr.; Ayres Associates for Jeff & Shelly Weckesser for site of 6 duplex structures.

§         Conditional Use Permit No. 19 – 1700 E Patrick Rd.; Midland Church of Christ for CUP to allow a place of worship – set public hearing (8-22)




August 9th

                                PUBLIC HEARINGS



                                ACTION ITEMS

§         Zoning Petition No. 522 – 2810 E Wheeler St.; Planning Commission from Midland Twp. Zoning to RA-4

§         Zoning Petition No. 523 – 2810 E Wheeler St.; John Rapanos from RA-1 to RA-4

§         Conditional Use Permit No. 20 - Consideration of a petition initiated by Faulk & Foster on behalf of IPCA Wireless for conditional use permit approval to allow collocation of telecommunications equipment and increase of tower height at 1730 N Saginaw Road.

§         7-11 Hours of Operation Report

§         Michigan Department of Transportation Presentation – Don Mayle will discuss Metropolitan Planning Organizations and regional traffic modeling

August 23rd

                                PUBLIC HEARINGS



                                ACTION ITEMS

§         Michigan Department of Transportation – Don Mayle will request local approval of Midland socioeconomic data used in regional traffic modeling

§         Electronic Signs Report




July 19th


§         No. 05-05 – Amish Reflections for an area/dimension variance to permit FY setback encroachment at 503 S Saginaw Rd.

§         No. 05-10 – Harry Kokkinakis on behalf of Buffalo Wild Wings for an area/dimension variance to permit two wall signs in addition to total allowed wall signage at 6728 Eastman Avenue

§         No. 05-11 – Ryan Anderson for an area/dimension variance to allow a six foot all fence to be located in a required side street yard setback at 4912 Christie Court


August 16th


§         No. 05-12 – Speedway SuperAmerica for an area/dimension variance to permit an increase in the

amount of site signage permitted and to increase the intensity of under canopy lighting and 2500 N. Saginaw Rd.

§         No. 05-13 – The King’s Daughters Home for an area/dimension variance to permit an increase in

        the amount of site signage permitted at 2410 Rodd St.

§         No. 05-14 – Dollar Daze for an administrative appeal of a City Council approval of a site plan

        with additional landscaping requirements at 1828 N. Saginaw Rd.







§                                             Michigan Association of Planning annual conference is scheduled from 9-14 to 9-17


10.  Adjourn

Adjournment at approximately 8:57 PM and unanimously approved.

Respectfully submitted,




Daryl Poprave

City Planner