SEPTEMBER 26, 2006, 7:00 P.M.,



1.   Roll Call

PRESENT:  Brown, Eyre, Gaynor, Hanna, Jocks, Kozakiewicz, Mead, and Senesac

ABSENT:    Svenson

OTHERS PRESENT:  Daryl Poprave, Acting Director of Planning & Community Development; Cheri Standfest, Community Development Specialist and 12 others.


2.   Approval of Minutes

Regular Meeting of August 8, 2006.

It was moved by Hanna and supported by Senesac to approve the minutes of August 8th.  The minutes were unanimously approved. 


3.      Public Hearing


a.   Zoning Petition 531 – Consideration of a petition initiated by Mike Pnacek to rezone 8.56 acres of land located at 300 Joseph Drive from RA-4 to OS.

      Mr. Poprave showed a 2005 aerial photograph of the property east of Jefferson, south of Joseph Drive, north of the Midland Soccer Complex.  It is next to a vacant office service parcel at the present time.  The zoning map shows the lot is presently zoned RA-4.  It is also adjacent or directly contiguous to the west with an office service zone and there is also office service zoning across the street on Joseph Drive.

      The future land use map designates how we think zoning might change in the future.  This area identifies that this general area of this corner, is on the future land use map as being acceptable for office service zoning.  There is an area of medium density residential that also extends into this site.  These are just general areas and do not have specific boundaries.

      The petition tonight is to rezone 8.56 acres of land located at 300 Joseph Drive from RA-4 to OS.  At the time of annexation this property was zoned Larkin Township low-density residential.  At the time the property was annexed, about six years ago, the Pnacek’s requested the zoning be changed to RA-2 and the future land use map at the time, did not support their request.  They requested a future land use amendment to see about the possibility of adding office service and medium density residential to this area.  Subsequently, the rezoning was supported.  Subsequent to that, City Council agreed to change the amount of office service put in.  The line on the zoning map does represent a specifically defined area.  It is 300 ft. in depth to the east of Jefferson Avenue.  On May 23, 2000, the Planning Commission considered Zoning Petition 456 and that indicated the Pnacek’s had some specific uses in mind for this land.  The Planning Commission recommended denial to rezone this land to RA-4 at this time.  As a result of the approval of Zoning Petition 456, Oakbrook Subdivision filed a lawsuit against the City of Midland and the end result was that these rezonings were upheld. 

      Mr. Poprave reviewed the criteria presented in the staff report.  This land is contiguous with office service to the north, and the land use map also indicates office service for this area.  Daryl noted that there is not a lot of vacant office service on this end of town. 

      Staff recommends approval of the rezoning based on the following determinations:

1)      The requested zoning classification, Office Service, is consistent with the goals and future land use plan as outlined in the Master Plan.

2)      Expansion of Office Service in this location would not be incompatible with the low density residential uses to the north, as they are buffered by medium density residential on the north side of Joseph Drive.

3)      The Planning Commission needs to determine if the entire parcel should be rezoned to office service or if a portion should be retained as RA-4. 

Mr. Senesac asked if there were any communications regarding this petition.  Mr. Poprave stated there were not.

Mike Pnacek spoke on behalf of the corporation representing 11 brothers and sisters.  The family does feel that the entire parcel on the south should be office service.  If some of it were to be used as RA-4, and they could still have office service in a portion of the area.

No one spoke in favor of this petition.  Fred Schuchman lives on Oakbrook Drive, near this property.  He claims he did not receive, nor did his neighbor receive any notice of these public hearings.  He purchased his property in about 1998.  At this time, they reviewed the master plan and were told this area would be zoned RA-1 for a long time to come.  This has slowly been eroded away over the past several years.  From where he lives, he feels there is an effort to change the character of this area.  This is really what he has objection to. 

Mr. Kozakiewicz stated that the ordinance requires anyone within 300 feet of this parcel must receive notice.  He is not within the 300 feet of this parcel.

John Rapanos, Midland, Michigan, stated the city has so much office service that is vacant.  There is a lot of office service buildings already built that are currently vacant.  He is not terribly concerned about whether the line is drawn to the east or west, however, there are expensive properties to the north along Oakbrook Drive.  The north side of Joseph Drive must remain as it is so there is a buffer between the houses on Oakbrook Drive and the property to the south of Joseph Drive.

Michael Laursen, 3653 Oakbrook Ct., stated he is also concerned about the north side of Joseph Drive.  The houses on Oakbrook Drive are all deeded Residential A-1.  There are deed restrictions already in place and it is recorded as a public record.  We have debated before regarding the land use on the north side of Joseph Drive.  There is nobody on Oakbrook Court that is interested in changing the deed restrictions at this time.  Those restrictions do run with the land.  The document was put together in 1989 and is valid for 30 years. 

Mr. Kozakiewicz stated the parcel up for rezoning does not contain these deed restrictions.  Mr. Laursen stated their concern is that the office service use keeps encroaching to the north.

Thayer Brown, of 3619 Oakbrook Ct. stated there is lots of office service just on the other side of the expressway.  When the home was built on the corner, it somehow crept over to the east and the north.  He does not see why these uses cannot stay on the south side of Joseph Drive and Jefferson.  He does not see the need for additional office service zoning.

            Mr. Pnacek stated that there is no other office service available north of the expressway, as Mr. Poprave stated.  People are not going to give up their commercial property for office service. 


b.   Zoning Petition 532 – Consideration of a petition initiated by Patrick and Shawn Pnacek to rezone .98 acres of land located at 110 Oakbrook Drive from RA-1 to OS.

      This public hearing was cancelled as the petitioner has requested postponement for at least 60 days.


c.   Zoning Petition 533 – Consideration of a petition initiated by Dr. John Pfenninger to rezone 1.19 acres of land located at 101 Oakbrook Drive from RA-1 to OS.

      This public hearing was cancelled as the petitioner has requested postponement for at least 60 days.


d.   Zoning Petition 534 – Consideration of a petition initiated by Patrick and Shawn Pnacek to rezone .96 acres of land located at 104 Oakbrook Drive from RA-1 to OS.

      This public hearing was cancelled as the petitioner has requested postponement for at least 60 days.


4.   Public Comments (not related to agenda items)




5.      Old Business




6.                  New Business

Set 2007 regular meeting dates.  Motion by Eyre to accept the 2007 Planning Commission Meeting dates as presented.  Mr. Jocks seconded the motion.  Motion passed unanimously.


7.  Communications




8.  Report of the Chairman  


     Everyone has received notices of an election by the Michigan Association of Planning.  They also received copies of the current Planning and Zoning News.


9.  Report of the Planning Director


            CITY COUNCIL                                                                                                                 


September 18th

                                PUBLIC HEARINGS


                                ACTION ITEMS



September 25th

                                PUBLIC HEARINGS



Site Plan No. 250 – Minor modification to entry drive on State Street side of site




September 26th

                                PUBLIC HEARINGS

                                ZP 531, 532, 533, and 534


                                ACTION ITEMS



October 10th

                                PUBLIC HEARINGS



                                ACTION ITEMS

                ZP 531, 532, 533, 534


                Proposed zoning for previously annexed property – 5 new city parcels

                Set up public hearings for November 14th




August 15, 2006

           No. 06-10 – Betsy Dunham of 5206 Ridgeview Court for an area/dimension            variance to permit an existing 8 foot tall wrought iron fence to remain on top of a                retaining wall on her property. - Approved


No. 06-11 –  Battalion Chief, John Haag, on behalf of the Midland Fire Department, for an area/dimension variance to permit a 1,200 square foot detached storage building to be constructed behind Fire Station Number Three located at 1717 North Saginaw Road. Approved


        No. 06-12 – Midway Signs, on behalf of Feeney Chrysler, for an area/dimension     variance to permit building wall signage to be increased to 258 square feet at 7400       Eastman Avenue. - Denied


        September 19, 2006


        No. 06-13 – Advance Auto Parts for an area/dimension variance to allow a            ground signage increase to 108 square feet at 1415 South Saginaw Road. - Approved


        October 17, 2006


No. 06-14 – Michigan Innovations Center for an area/dimension variance to allow an            additional ground sign at 4520 E. Ashman Road.




1.        Feeny Automobile storage lot on Elisenal Drive

2.        3,500 sq. ft. covered storage addition to Environtech Coatings at 1900 Austin

3.        7,495 sq. ft. addition Plymouth Square located on Swede/Wheeler

4.        6,866 sq. ft. restaurant additions to the Ashman Court Hotel




The next special meeting on the Master Plan is scheduled for Thursday, October 5, 2006 at 7:00 PM.  Following this meeting the next Master Plan meetings will be:  Thursday, November 2, 2006 and Thursday, December 7, 2006.


The public can view the Master Plan Update by accessing the City’s website at www.midland-mi.org and going to the Master Plan Update link on the homepage.


10.  Adjourn

Adjournment at 8:00 p.m. was unanimously approved.

Respectfully submitted,




Daryl Poprave

Acting Director of Planning and Community Development