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 5 others.


2.   Approval of Minutes

Regular Meeting of March 28, 2006.

It was moved by Mead and supported by Kozakiewicz to approve the minutes of March 28th.  The minutes were unanimously approved. 


3.      Public Hearing


Site Plan No. 251 – Consideration of a petition initiated by Ledy Design Group,

on behalf of Commercial Net Lease Realty, Inc., to approve a site plan for a Bed

Bath & Beyond retail store on approximately 1.77 acres located at 1118 Joe Mann



Mr. Poprave began by showing a location map of the proposed site.  The property is located off Joe Mann Drive and east of Elisenal.  It and all the surrounding property are zoned RC (Regional Commercial).  The master plan shows this area as general commercial on the land use map.  To the north is the Home Depot and to the south is the Midland Mall.  This site was master planned as a part of an original site plan as a part of the 2003 Home Depot site plan.  These outlots were identified in the master plan.  This plan looks similar to what you see today.  They are here tonight because under the old ordinance, developers have two years to complete their projects.  It has been three years since this was approved.  The developer was not able to bring this company to this location until the present time.  They are required to resubmit for site plan review.  No photometric grid was received at this time but the applicant has stated these will be forthcoming.  The entrance and exit drives were pre-planned when Best Buy was built.  These access drives were installed when the original site was developed.  The landscaping exceeds our requirements.  The old ordinance did not require landscaping.  It complies with the remaining regulations.  This property is located over 300 feet off Joe Mann Blvd.  The site presently does not have much vegetation on it, except for some grass.  There are no additional requirements for sound.  The site is appropriate for emergency vehicles.  Ingress and egress was previously put in when the Best Buy and Home Depot were constructed.  Pedestrian circulation is limited on this site.  However, they do have a rather large concrete apron on the front of the building.  The city is not requiring sidewalks at this time as the city is interested in eventually widening Joe Mann Blvd.  If and when sidewalks are put in, there would most likely be a special assessment for the installation of that sidewalk. 


There currently exist 99 parking spaces on this plan.  We have currently received an amended drawing; they have reduced the parking to 81 spaces.  Article one of the zoning ordinance requires no more than 55 spaces for development of this size.  A 20 percent increase would be about 65 parking spaces.  They would need a variance from the Planning Commission to have their desired 81 spaces. 


The storm water runoff has been provided by the existing storm water retention system when Home Depot and Best Buy were developed.  There will be restrictors to ensure only a certain amount of runoff goes into those drains.  There is sufficient capacity for public services.  The dumpster is screened in accordance with the ordinance.  There are no health or safety concerns.  There are no reviewable signs.  We have not seen the signage planned for this site.  Public Services stated there is adequate space for Dial-a-Ride to drop off passengers.  Fire Dept. wanted to make sure no vegetative growth was within three feet of a fire hydrant.  Barrier free parking must be in accordance with the zoning ordinance.  There are six contingencies noted in the staff report. 


Cathy Evanson is with Commercial Net Lease Realties.  Her address is 10260 Alliance, Suite 310, Cincinnati, Ohio.  Also a representative of Ledy Design Group was present from 3135 Pine Tree Road, Suite C, Lansing, Michigan.  They had an original master plan that they held almost true to.  When they first proposed this development, they had Home Depot and Wal-Mart.  That left these two out-lots for future development.  They have two boxes of 20,000 sq. ft. side-by-side with a common access plan.  Bed, Bath and Beyond is very anxious to come into this area.  They are trying to do the best they can to work with the city’s design standards for future development.  When it came to a reduction in the total overall parking, they will end up with one particular site that will be under parked relative to every other store in the development.  One of the common things they ask for is each retailer will have a self-parking standard.  Under the new city ordinance, they are being asked to go well below that standard.  Best Buy currently has 120 parking spaces.  When they reach peak periods, they will have customers parking over in the Best Buy lot.  They did not begin their program with this idea in mind. 


There is a need to increase the right-of-way for Joe Mann Blvd.  They have offered to take away the parking spaces that were located in this proposed right-of-way.  The petitioner’s understanding of why the ordinance was written as it was was to prevent the increased number of parking spaces in excess of the amount needed for parking.  The parking lot that is already there is very nice looking. 


Mr. Gaynor asked if this is how they would arrange the parking for perhaps a strip mall.  Cathy stated that if each store had their own area, they would be entitled to parking according to the size of their development.  Ms. Svenson asked when the peak times would occur.  Ms. Evanson stated peak times would be from November through January.  The current plan does not meet their standard of five per 1,000 sq. ft. of display space.  They did show an on-site sign for the property but they did state on the plan that it will meet the requirements of the city’s zoning ordinance. 


No one spoke in favor of or in opposition to this petition.  The public hearing was closed.


Zoning Petition No. 530 – Consideration of a petition initiated by John Rapanos to

rezone approximately 10 acres located at 4203 East Ashman Street from Industrial A

zoning to Residential B zoning.


Mr. Steve Rapanos requested to abstain from these proceedings as the petitioner is his father.  Mr. Mead moved to allow Commissioner Rapanos to abstain.  Mr. Jocks seconded.  Motion passed unanimously.


Mr. Lynch presented Zoning Petition No. 530.  It is roughly 10 acres in land area.  It is situated just north of E. Ashman Street and just east of the US-10 expressway.  It is very near to the operations center of the municipal landfill.  The map shows the subject property as undeveloped.  It falls into our Industrial A zoning classification.  The surrounding property falls within the Agricultural Zoning Classification with the Research district off to the south.  The history of the parcel includes a request in 1969 to change the zoning to a Residential D zoning classification.  In 1970, it was requested to change the zoning to the Agricultural zoning classification.  Then there was a court action which required the city to change the zoning to Industrial A.  It has been this zoning ever since.  Accessory uses include research, storage of goods, sale of goods resulting from the industrial operations, manufacturing and processing operations and auto parts sales.  The proposal is to change the zoning of this parcel to the Residential B zoning classification.  It is intended to meet the housing needs of local citizens by having higher density residential development at this location.  Staff feels this is not consistent with the master plan and that rezoning to a residential land use would minimize intrusions of impacts and incompatible uses.  The Planning Commission should consider whether there have been changes in the area that would cause a change in this area.  Staff does not feel these changes have taken place.  This would not be exclusionary zoning.  Staff feels this would create incompatible uses in proximity to the local landfill.  A Residential B zoning would be highly compatible with the agricultural zoning surrounding this property.  The proposed change is not consistent with the future land use map.  The blue shaded area represents public and quasi-public uses and would provide for cultural or community entities.  There has been little residential development in this area. 


Mr. Lynch showed an aerial photograph showing the location of this property and surrounding area.  All the area surrounding this property is owned by the City of Midland.  It was all purchased to provide for landfill operations or a buffer from landfill operations.  There are areas owned by other property owners in this general vicinity, but they are on the fringes of this area.  Staff recommends that the request not be approved noting that it is not consistent with the master plan goals and that there have been no major changes in this area warranting a change in the land use. 


The landfill has many more years of use.  It is not ready to be capped off and converted to another use. 


Mr. John Rapanos, 925 E. Wheeler Street, Midland.  He stated they had an inquiry of an industrial use for that property.  If the future landfill property will become a city park, you would not want a future industrial use for this area.  The other options are residential, industrial or it should be incorporated into the landfill development and thus, into the future park. 


No one spoke in favor of or in opposition to this request.  The public hearing was closed.


4.   Public Comments (not related to agenda items)




5.   Old Business




6.  New Business




7.  Communications




8.      Report of the Chairman  - Thursday will be a training session on conditional zoning.  This will be the first viewing of the Commission on this ordinance.  May 4th we have our next work session on the master plan.  “Existing conditions” will be discussed.  “Meetings in a box” have pretty well been wrapped up.  There is only one outstanding.  May 17th and 18th will be meetings at the Holiday Inn regarding other input on the master plan. 


There is still one position open on the Planning Commission.  If anyone would like to apply, please contact the City Manager’s Office.


  9.  Report of the Planning Director


            CITY COUNCIL                                                                                                                

April 10th

                                PUBLIC HEARINGS


                                ACTION ITEMS

§         Zoning Petition No. 528 – Set public hearing for consideration of a petition initiated by Michael Rapanos to rezone approximately 11 acres located at 4124 Waldo Avenue from Residential A-4 zoning to Residential B zoning. (Public Hearing May 8th)


April 24th

                                PUBLIC HEARINGS


                                ACTION ITEMS





April 25th

                                PUBLIC HEARINGS



                                ACTION ITEMS

§         Site Plan No. 251 – Consideration of a petition initiated by Ledy Design Group for approval of a site plan including a Bed, Bath 7 Beyond retail store on 1.77 acres located at 1118 Joe Mann Boulevard.

§         Zoning Petition No. 530 – Consideration of a petition initiated by John Rapanos to rezone approximately 10 acres located at 4203 East Ashman Street from Industrial zoning to Residential B zoning.


May 4th 


Review of Existing Conditions


May 9th

                                PUBLIC HEARINGS



                                ACTION ITEMS





April 18th

No. 06-03 – James Dubiel for two area/dimension variances to permit the expansion of an existing detached garage over the maximum allowed square footage and into the required front yard area at 1428 Bitler Street.








§         Thursday, April 13 session on Conditional Rezoning (6:30 PM)

§         Next Master Plan meeting is May 4th.


10.  Adjourn

Adjournment at 7:50 p.m. was unanimously approved.

Respectfully submitted,




Jon Lynch

Assistant City Manager