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 3 others.


2.   Approval of Minutes

Regular Meeting of August 26, 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



4.   Public Comments (not related to agenda items)




5.      Old Business


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 reviewed the aerial photo of the area, located on the south side of Joseph Drive, east of Jefferson, north of the US-10 expressway.  It is currently a vacant parcel. Right now, the property is zoned RA-4.  It is adjacent to property that is already zoned Office Service, which is located to the east of the subject property.  The soccer club is located to the south.  This property is approximately 8.56 acres.  This was part of several parcels of land that were annexed into the city in 2000 and it was rezoned to its current classification at that time.  The city was involved in a court case in 2003 that reaffirmed the current zoning of RA-4. 


The current future land use map shows a circle on the corner as being used as an office service use.  There is an oval next to it that identifies the property as being medium density residential.  These are “fuzzy” boundaries, however, and it is up to the Planning Commission where those boundaries will actually lie.  Office Service zoning is generally used as a buffer between full blown commercial and residential uses.  There is approximately 960 feet of frontage on Joseph Drive. 


Mr. Mike Pnacek, 2661 Blackhurst, showed an aerial photo of the area.  There are a few fields in the soccer complex that are lighted fields.  There are also lights at the east side of the Village of Joseph’s Run.  Single family homes would not fit well into this environment with all this lighting.  That is why they are asking for the entire parcel to be zoned office service.  He also pulled an article from the Midland Daily News on September 21st, that stated some of the lights will be on at the soccer fields all night long as there will be games going on there.  If you look at the criteria for office service zoning, it states residential can be built in this zone with a conditional use permit.  Therefore, if someone wanted to develop this area as residential, it could be done with a conditional use permit if this property were zoned office service.  Mr. Pnacek stated he has never been out to see how late the lights were on at the soccer fields.


No one spoke in favor of or in opposition to this request.


Mr. Senesac explained how the circles were placed on the existing master plan.  The circles are all the same size, but they mean office service was recommended to go on the east side of Jefferson, on Joe Mann Drive somewhere in that area.  He thinks that extending the office service all the way to the east, the property on the north side of the street would have a higher chance of going office service further to the east, also. 


Mr. Mead stated that looking at this piece all by itself, the office service is the right zoning for that piece.  To the east is the apartment complex and he sees there being a continuity of offices up to the apartment complex.  He feels office is right for this property as we see it tonight.


Mr. Eyre stated he struggles with this, as 960 feet of frontage could yield 6-10 curb cuts.  He thinks it could be good zoning for this location but we do not need a whole line of curb cuts down this street.  He realizes that if 5-6 duplexes were built here, there would be 5-6 curb cuts.  However, he does not think this would be appropriate for this parcel of property.


Mr. Gaynor agrees with what Mr. Senesac said.  Right now it may be O.K.  If you go in further with the office service zoning on the south side of Joe Mann, what about the other side of the street? 


Ms. Brown agrees with Mr. Senesac and Mr. Gaynor.  She thinks this would be too much office service in that area.


Mr. Jocks stated that there may be too much lighting there for residential uses.  He asked if the lighting could be contained in packing lots in office service districts.  Mr. Poprave stated that there are certain illumination standards in the zoning ordinance that prevent casting lighting off site.  We also provide for fully shielded lighting that only casts light down and not out to the sides. 


Ms. Hanna agrees with leaving the property as it is.  She feels it is inevitable that the property across the street would also want office service if we zone this property that way. 


Mr. Mead reminded the Commission that it is not appropriate to look at the property across the street.  This property should be considered on its own merit.  He also feels that office service zoning across the street would not be appropriate as it backs up to the lots on Oakbrook Drive.  This would not provide a buffer between adjoining properties.  However, this property in question tonight, he does feel is appropriate for office service. 


Mr. Kozakiewicz stated he would not support the office service and feels that the office service that is already on the corners of Joe Mann and Jefferson is sufficient to fulfill the requirements of the master plan.


It was moved by Eyre and supported by Senesac to recommend approving Zoning Petition No. 531 by Mike Pnacek to rezone 8.56 acres of land located at 300 Joseph Drive from RA-4 to OS.


YEA:          Eyre and Mead

NAY:          Brown, Gaynor, Hanna, Jocks, Kozakiewicz and Senesac

ABSENT:   Svenson


6.                  New Business


Zoning of Recently Annexed Property – Preliminary Assessment

a.   7304 Jefferson Avenue

b.   6715 and 6719 Herbert Street

c.   6500 and 6501 Airport Road

d.   Airport Road Extension

  1. 730 Oakbrook Drive


Mr. Poprave stated these are properties that were annexed into the city in 2005 and 2006.  We are not holding a public hearing tonight or making a recommendation to council.  We are just looking for guidance prior to setting a public hearing to take any action.  Following tonight’s meeting, staff will send a letter to the property owner and ask for their input regarding the proposed zoning classification.


The city is taking these actions.  People have annexed their property into the city and the city must apply appropriate zoning to these parcels.


a)      7304 Jefferson – This property is at the corner of Julie Ann and Jefferson, annexed from Larkin Township.  It is an undeveloped lot on Jefferson Avenue.  The surrounding property is Residential B, currently the site of the Midland Evangelical Free Church.  Behind this property is a subdivision that is in Larkin Township.  South of this property is a lot that is in Larkin Township, but to the east is a subdivision in the city of Midland that zoned RA-1.  This lot is part of a platted subdivision.  It is currently zoned Zone1, Residential A, which permits single family dwellings.  Lot sizes are very different between the township and the city, mainly due to there being water and sewer service in the city and the need for septic tanks in the county.  Per the Health Department, you have to have at least an acre of land to have a septic tank.  This property had water and sewer lines run all the way up to this property last year when the water department extended the lines up Jefferson.  Staff recommends that 7304 Jefferson be assigned RA-1 residential. 


Ms. Hanna drove by this today and she sees no reason why it should not be Residential A-1.  Mr. Mead agrees.  The Planning Commission had consensus that this would be the appropriate zoning with which to proceed.


b)      6715 and 6719 Herbert Street – These lots are north of Saginaw and east of Stark Road.  This property owner has annexed strictly to obtain water and sewer.  Mr. Poprave showed a map depicting what is in the city in this area and what is still in the township.  This is a residential neighborhood.  Northern Square, off Saginaw Road, is directly behind this property.  Currently, in Homer Township, this property is zoned CSC, which is general commercial.  If the house were to burn down, it could not be built under the township zoning.  Staff recommends that this should remain medium-density residential as the area behind it is all developed residential.  The commercial property on Saginaw Road will probably not developed back that far.  It is currently a strip mall.  It should not be the city’s job to create non-conforming uses.  This area is all developed residential.  The property owner does not wish this area to be zoned commercial.  There are a lot of smaller lots in this area that would easily fit into our Residential A-3 zoning classification.  The Planning Commission agreed that this would be the correct zoning classification.


c)      6500 and 6501 Airport Road – This property is north of the US-10 freeway and east of Stark Road and is bisected by the new Airport Road.  It former resided in Lincoln Township.  Lincoln Township has a unique zoning ordinance that identifies most of the property in Lincoln Township as RA-2 – medium density family residential.  They have very little commercial.  RA-2 would allow single family homes, duplexes, home occupations and general farming.  If you drove by these lots, you would see they are being farmed right now.  This is a wooded area, with the exception of the fields.  The intent is to build an industrial park.  They want water and sewer for this park.  It is adjacent to single-family residential.  There are some houses as you go east along Airport Road.  The city’s future land use map shows this whole area being used in the future as light industrial.  The city of Midland and Lincoln Township’s master plans coincide with the proposed uses for this land.  Even though Lincoln Township has an RA-2 zoning classification, our land use map already identifies it as light industrial.  Staff recommends the IA, light industrial zoning classification for this property.  The Planning Commission concurs. 


d)      Airport Road Extension – There might be unzoned park property if the road is not zoned so the land is all recommended to be zoned industrial. 


      e)   730 Oakbrook Drive – This parcel was petitioned for water for an already existing house.  This property is currently zoned zone 1, Residential A.  This is the single family residential zoning district in Larkin Township.  They have much larger lot sizes in the township.  This Planning Commission had consensus regarding zoning this RA-1.


7.  Communications




8.  Report of the Chairman  


     Everyone received the September/October 2006 issue of the Michigan Planner.


9.  Report of the Planning Director


            CITY COUNCIL                                                                                                                 


September 25th

                                PUBLIC HEARINGS



                                ACTION ITEMS

Minor entry drive revision approved for the Dow Diamond (SP 250)


October 9th

                                PUBLIC HEARINGS



License agreement approved for use of Main St. right of way for Ashman Court Hotel renovation project.




October 10th

                                PUBLIC HEARINGS



                                ACTION ITEMS

                ZP 531

                ZP 536, 537, 538, 539


                Proposed zoning for previously annexed property – 7 new city parcels

                Set up public hearings for November 14th  


October 24th

                                                PUBLIC HEARINGS

                                Site Plan #254 – A 12,775 sq. ft. medical office building on the                                   MidMichigan Medical Center campus located at 4500 Campus Ridge Dr.


                                ACTION ITEMS



November 14th

                                                PUBLIC HEARINGS

                                ZP 535, 536, 537, 538, 539, 540


                                ACTION ITEMS

                Site Plan 254




        October 17, 2006


        No. 06-14MidMichigan Innovation Center for an area/dimension variance to allow an      additional 160 sq. ft. ground sign at 4520 E. Ashman Road.


        No. 06-15 – Midland King’s Daughters Home for an area/dimension variance to allow a rear           yard setback encroachment for a 13,600 building addition.




1.        The rebuilding of an approximately 4,000 sq. ft. self-service and automatic car wash at 3001 Bay City Road




The next special meeting on the Master Plan is scheduled for Thursday, October 19, 2006 at 5:00 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 8:38 p.m. was unanimously approved.

Respectfully submitted,




Daryl Poprave

Acting Director of Planning and Community Development