1.   Roll Call

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

ABSENT:     None

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


2.   Approval of Minutes

Special Meeting of October 14, 2005

It was moved by Mead and supported by Eyre to approve the minutes of October 14th.  The minutes were unanimously approved

Regular Meeting of October 25, 2005

It was moved by Eyre and supported by Jocks to approve the minutes of October 25th. The minutes were unanimously approved. 


3.      Public Hearings




4.   Public Comments (not related to agenda items)




5.   Old Business


      Site Plan No. 249, Manual Therapeutics – Consideration of a petition initiated by

      Weckesser Builders for approval of a 12,868 square foot addition on approximately 2.06

      acres located at 1900 Ridgewood Drive. 


Mr. Poprave reviewed the location map.  It is zoned LCMR.  It is adjacent to Davenport University.  To the east is a medium density residential neighborhood.  The site plan shows an existing office building of just under 5,000 sq. ft.  Both properties are owned by the same corporation.  The proposed building will be a half story below ground.  The contingencies were the need for site access, that the dumpster be in accord with the zoning ordinance, storm water retention is approved by the Engineering Department, that there is a bus turn-around in the parking lot, and that site grading be approved. 


No one spoke either in favor of or in opposition to this request.  Mr. Weckesser was present to answer any questions.


Mr. Mead, Ms. Svenson, Mr. Eyre and Mr. Gaynor all stated they would support this petition. 


Moved by Gaynor, supported by Jocks, to approve Site Plan No. 249 with the contingencies stated in the staff report.  Motion passed 8-0.


The vote proceeded as follows:


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

NAY:          None

ABSENT:   None


6.  New Business

Zoning Ordinance Revisions – Review of text revisions recommended by staff.  Schedule public hearing for December 13, 2005.


The Zoning Ordinance became effective on January 1, 2005.  Staff has utilized this ordinance throughout the entire 2005 construction season.  Changes have been proposed to correct errors, strengthen regulations and make the ordinance more readable.

Section 2.03 – Sign Definitions – A new definition was created to describe what a free standing canopy is (Definition needed as a result of a 2005 ZBA case). 

Section 3.06 – Home Occupations – Section 3.06a(7) – Added language to strengthen Home Occupation regulations to protect against the retailing of inventory in homes in residential neighborhoods.  Added an exemption for occasional yard and garage sales.

Section 3.12 – Site Lighting – Section 3.12H – Adds requirement for photometric grids for all site plans.

Several sections of the Zoning Ordinance incorrectly list BB-1, BB-2 and BA as Commercial Districts.  These district names would be changed to CC (formerly BB-1), RC (former BB-2) and NC (formerly BA) to match the zoning map and current zoning ordinance text.

Section 5.01E – Commercial Vehicle Parking in Residential Districts – Clarified how long commercial vehicles may be parked in residential areas (48 consecutive hours).

Section 5.01F(2) – Recreational Vehicle Storage – Corrected what type of surface RV’s can be stored on for non single family and two-family residences.

Section 7.03C(2) - Wall placement on property altered to correct contradiction with Section 7.03B which specifies that obscuring walls shall not be located in the front yard setback.

Table 8.1 – Temporary Sign Standards – Garage sale size limits added to reflect new City Council regulations on garage, yard, and rummage sales.  Footnote “e” reference to sign content removed to achieve content neutrality.  Election sign footnote “l” revised to limit total signage in residential districts to 32 sq. ft.

Table 8.2 – On-premise Advertising Sign Standards – This table received the most attention and numerous changes are being proposed to make it more understandable to sign contractors and business owners.  Sign area in RA and AG was decreased to 12 sq. ft.  Sign area in RB was increased.

The number of wall signs was restricted to one single sign per business and due to multiple ZBA variances heard this year, the proposed change will permit multiple signs that do not exceed the maximum area in Table 8.2.  The most extensive revisions have occurred in the footnotes section of the table.  These footnotes were confusing because they overlapped between sign types (i.e. ground vs. wall signs).

Footnote “a” was eliminated because it simply refers users to other existing ordinance language.  Footnotes “A”, “B”, and “C” were re-grouped under the wall, roof, and ground sign heading to delineate that these footnotes apply to all sign situations.  Footnotes “D” and “E” only apply to wall and roof sign situations.  Footnote “D” applies specifically to buildings with multiple tenants but with common entrances.

Footnote “D” refers to strip mall developments with multiple individual entrances.  Footnotes “F” through “J” apply to ground sign situations.  “F” applies to large parcel sign allotment.  “G” applies to ground signs on corner lots.  “H” applies to industrial, commercial and office park directory signs.  Footnote “J” was re-worded and renamed “E”.  Footnote “K” was eliminated because other ordinance language already exists.  Footnote “J” was added to specify when ground signs were not permitted.

Table 8.3 – Garage sale sign size changed to 6 sq. ft.  Table 8.4 – OS District added to ground sign setback table as it was mistakenly omitted from the ordinance.  Section 8.07D – Pole mounted ground sign language reinforced to account for clear vision areas. 

Signs in Circle and Downtown District – Expanded description of murals and sandwich board signs to provide guidance to business owners and city inspectors.

Articles 9, 24 and 26 – All proposed changes reflect the re-designation of zoning districts from old language to new.  BB-1 changed to CC, BB-2 changed to RC, BA changed to NC, CBD changed to D and D-O. 

Article 27 – Site Plan Review – The current ordinance language requires a site plan to be presented to the Planning Commission and City Council if it involves erection, relocation, conversion or structural alteration to a building or structure to create an additional 10,000 sq. ft. of gross floor area.  Does the city wish to retain this language?  Should the Planning Commission and City Council be reviewing projects under 10,000 sq. ft. and if so, what other requirements should be enacted?  Should new curb cuts trigger site plan review?

City Council approved site plan approvals are valid for one year.  There currently is no expiration time for administrative site plan approval.  Since November, 2004, the Planning Department has reviewed 15 “administrative site plans” and the Planning Commission has reviewed seven site plans.  Notable Administrative Site Plans include:

·         7,582 sq. ft. adult foster care home on Eastman Avenue

·         9,981 sq. ft. Quality Truck and Auto Accessories at 6641 Cinema Drive

·         9.862 sq. ft. Belle Tire on Joe Mann Boulevard

·         8,500 sq. ft. retail space next to Best Buy

·         9,572 sq. ft. Fairground Shoppe’s strip center at 7201 Eastman Avenue

·         8,349 sq. ft. Logan’s Restaurant at 7135 Eastman Avenue

·         Hidden Pines Phase 2 – Two duplexes and a single family unit

·         9,974 sq. ft. – BWP Transport at 2527 Schuette Road

Section 29.14 of the former ordinance permitted dividing of duplex structures so that separate ownership of units could be established.  Such division of ownership resulted in lots hat did not meet required width or area dimensions.  Local builders are requesting a mechanism to again permit such division of ownership. 

Potential solutions:

·         Permit division of ownership

·         Require filing of a deed restriction indicating that any replacement structure must be built on the newly created property line

·         Lot splits would be effective upon recording of the deed restriction

Requested action:

·         Guidance on site plan review “trigger”

·         Guidance on divisible lots

·         Direct staff to schedule a public hearing for December 13th to formally consider these changes

7.  Communications




8.  Report of the Chairman


We now have streaming video of all the meetings.  It is really great!  Also, we still have an open seat on the Planning Commission.


9.  Report of the Planning Director


            CITY COUNCIL                                                                                                                


November 14th

                                PUBLIC HEARINGS

§         Rezoning, Zoning Petition No. 524 – Consideration of a petition initiated by Nicolaos Rapanos and the City of Midland to rezone approximately 14.32 acres located at 4228 Bay City Road and 405 Fast Ice Drive from Agricultural to Regional Commercial zoning.


                                ACTION ITEMS

§         Preliminary Plat, Trotter’s Pointe – Consideration of a petition initiated by Bartow & King Engineer’s for tentative approval of a 20 lot residential subdivision on approximately 5.84 acres located south of East Wheeler Street and east of Liberty Drive.

§         Site Plan No. 249; Manual Therapeutics – Consideration of a petition initiated by Weckesser Builders for approval of a 12,868 square foot addition on approximately 2.06 acres located at 1900 Ridgewood Drive.


November 28th


                                PUBLIC HEARINGS



                                ACTION ITEMS





November 22nd

                                Meeting Canceled


December 13th

                                PUBLIC HEARINGS

§         Rezoning, Zoning Petition No. 525 – Consideration of a petition initiated by Ron Lapham to rezone approximately 1.9 acres located at 1314 West Wheeler Street from Office Service to Regional Commercial zoning.


                                ACTION ITEMS

§         Review modified master plan work program




November 15th


§         No. 05-19 – Starbucks for an area/dimension variance to permit more than one wall sign for informational purposes at 7201 Eastman Avenue.








The Planning Commission conducts only one regular meeting during the month of December.


10.  Adjourn

Adjournment at approximately 9:08 PM and unanimously approved.

Respectfully submitted,




Jon Lynch

City Planner