NOVEMBER 14, 2006, 7:00 P.M.,



1.   Roll Call

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

ABSENT:     Kozakiewicz

OTHERS PRESENT:  Daryl Poprave, Acting Director of Planning & Community Development; Debbie Marquardt, Technical Secretary and 20 others.


2.   Approval of Minutes

Regular Meeting of October 10, 2006.

It was moved by Senesac and supported by Eyre to approve the minutes of October 10th.  The minutes were unanimously approved. 


3.      Public Hearing


a.   Zoning Petition No. 535 – Consideration of a petition initiated by the Planning Commission to zone property at 7304 Jefferson Avenue from township zoning to RA-1 Residential.


      Daryl Poprave identified the property as being east of Jefferson and south of Julie Ann and annexed in 2005.  To assign the city zoning classification was initiated by the City of Midland.  At the October 10th meeting the Planning Commission received a report and recommendation to zone the property Residential A-1, which was formally zoned township.  The future land use map shows low density residential.  To the south it is zoned Residential A-1.


      Bill Waterman, owner of property.  They are fine with the single family residential zoning.  They are moving ahead with the project.  Their plan for the parcel is to become three parcels.  This parcel is not part of the Julie Ann subdivision.  There is a deed restriction and they will be able to meet the restrictions and they are doing site condominiums. 


      No one to speak in favor or opposition of this petition.

b.      Zoning Petition No. 536 – Consideration of a petition initiated by the Planning Commission to zone property located at 6715 and 6719 Herbert Road from township zoning to RA-3 Residential.


Daryl showed the site on the south side of Herbert Road containing a house and a vacant lot.  The zoning map shows the parcels adjacent are zoned regional commercial.  The master plan also shows general commercial on the south of Herbert Road.  The north side of Herbert Road shows single family residential.  The house is already there and is non conforming according to Homer Township zoning and it would be best to assign a residential zoning to take aware the nonconformity. 


Mike Dennett, 6715 Herbert, has lived there for 12 years.  He is in favor of the zoning.


      No one spoke in favor or opposition of the petition. 


c.      Zoning Petition No. 537 – Consideration of a petition initiated by the Planning Commission to zone property located at 6500 and 6501 Airport Road from township zoning to Industrial A.


Daryl Poprave gave an overview of petition No. 537 and stated that now it is up to the city to assign a zoning classification.  He showed the residential properties close to the subject property and across the street.  The zoning map shows this property adjacent to single family residential.  Properties to the east are still in Lincoln Township.  The master plan lists this future land use as light industrial.


Arthur J. Fisher, Fisher Contracting, 615 Jefferson, 3320 Bullock Creek Drive.  He has no plans for this property but has been paying taxes on it for 50 years.  The city recommended Industrial zoning; the property owner did not request that zoning.  They are going to bring water up Stark Road and would like to get more owners to annex.  They have received requests to buy property for light industrial use.  The City of Midland needs this type of zoning.  There is a shortage of this type of zoning and this would be an advantage to use that interchange for that purpose.


Kathy Fogus, 1797 N Hicks, asked what the intended purpose is for the industrial activity.   


Daryl Poprave stated that the city cannot ask what they are going to do with the property so it is anything that goes into Industrial A zoning.  Once it is zoned they would have to submit a site plan.  Property owners can voluntarily state the use and if they put that in writing they can take that into consideration.  The township, city, villages and counties cannot demand the use; they would be in violation of state law.


Johanna Jozwiak, 1925 Stark Road, questioned that the first few properties in the public hearings were zoned commercial and the city chose to make it residential.  All the property around this is residential so why is there being a move to change this to industrial while it exists residential.  Does the city not take into account existing zoning?  Why are they moving to commercial when all around this is residential? 


Elizabeth Jackson, 1695 Stark Road, asked what the process is from here. 


Carol Svenson explained the process of the public hearing and the deliberations.


Kathy Fogus, 1797 N. Hicks Road wanted an explanation on what was annexed into the city when the Airport Road went through.


            Daryl Poprave explained the process of annexation.


            Kathy Fogus asked about the MUGA district.


            Daryl Poprave said the MUGA was started in 1969.


Sheila Messler lives in Lincoln Township, 2049 N Dublin, Vice Chair of the Planning Commission of Lincoln Township.  She is in favor of this light industrial zoning.  There are no subdivisions in this area.  It is suited for light industrial. 


June Shafer, 1765 N Hicks, stated that she is a past employee of Mr. Fisher.  People are afraid of him putting in a mobile home park, which requires a very high density residential area.  Alpine Mobile Home Park on Sturgeon Road is enlarging.  Why would he want to put another one in on Stark Road?  She has known the gentleman for the past four years; he seems straight up and honest.  The MUGA area did change when the city conveniences, .water and natural gas came through.  She is for the zoning as long as the light industrial zoning for a city zoning shoots down the idea of high density residential.  There shouldn’t be much of a problem.


Kathleen Caldecourt Kemp, 1900 N. Stark Road, her and her dad owns 40 acres of property.  She opposes the rezoning to Industrial A.  It affects her and her father and they are concerned about the noise.  She speaks for herself and a lot of neighbors that live on the west side of Fisher property.  She is concerned that if it is zoned Industrial A, that Mr. Fisher is going to put his sand and gravel company there.  Light industrial would create external nuisances, noise, vibration, dirt and odor.  She went and observed Mr. Fisher’s Sand and Gravel property and it concerns her to live around that.  She talked to a resident and the dust and dirt is terrible.  Turning this into Industrial A is in the master plan but what about the residents and the people who live there.  The people were not considered.  They don’t want Industrial A.  They would like it to stay residential agricultural.  One of her concerns is on the north border of Mr. Fisher’s property, when they cleared the land; they pushed a lot of debris back into her dad’s property.  She called Mr. Fisher and it has not been removed yet.  This concerns her and is this what they should expect from Mr. Fisher.  Please take into consideration the residences and the property owners around Mr. Fishers.  Have compassion and please do not turn this into Industrial A.


Ray Mac Neil, Attorney from Gaylord on behalf of Carl and Joyce Link.   The Link’s did not want the road to go through their property; they wanted to build a home.  Under eminent domain by law they were going to get the property.  He was so frustrated that he had a heart attack.  There are some feelings here.  They are concerned about what is going to happen out there.  Everybody else was saying look that is valuable property and it is going to be developed.   Kathy Kemp went over to Mr. Fisher’s operation and they are terrified that will be moved out there.  The property is going to be reduced in value by 50% if you have that type of business out there.  Under Industrial A zoning there are some things that could cause problems.  Could you go into commercial zoning just like you have east of there?  The people would not be so concerned about that zoning classification.  This is basically a rural area, farm land and trees.  The property was all under water last spring.  The property has been cleared and there are huge ditches.  The concerns are for what is going to go in there. 


Kathy Fogus, 1797 N Hicks Road, she would like to have a letter submitted.  She is in Lincoln Township but she is no longer in the MUGA area.  She strongly requests that the City of Midland does not turn that property into an industrial park and she has lived there her entire live.


Luther Devericks, 1708 and 1712 Stark Road, he has owned his property over 30 years.  He was raised in Midland.  He used to live by Fisher Sand and Gravel.  If you rezone this, how does this stop a road from going through for the trucks?  He is against it.


William Johnson, 1708 Stark Road, stated that somebody comes in with more money and they just take over.  In a couple of years they could come in and take your land.  They have more freedom over in Iraq.


Marion Case, 1807 Hicks Road, she has 32 acres 28 plowed acres that butt up to Mr. Fisher’s property.  She is opposed to having industrial and it will reduce her acreage because no body will want to put a subdivision near industrial.  She is opposed to it.


Al Caldicourt, 3132 North Five Mile Road, is the son of the owner of the 40 acres that Kathy Kemp referred to.  His concern is being in an industrial area because the part up to the north will be where you keep the equipment. 


Elizabeth Jackson, Stark Road, stated that if you can’t say what is going into that area then you have to think of the worse case scenario.  She is opposed to it.


Mr. Fisher stated that a number of people are concerned that Fisher Sand and Gravel will relocate and they have no desire for any of this property.  It is his envision that this will be an office warehouse type of property.


Ray Mac Neil, Attorney, asked that with what Mr. Fisher wants in there could that not fit into commercial?   


            Elizabeth Jackson, asked if there are there two requests?  No just one.


Sheila Messler stated that the peoples concern is due to a facility located north at Janet Sand and Gravel.  That facility failed to do a buffer.  The people on Hicks Road put up with a lot of stuff.  That is where they are coming from.  There are some other businesses in their area.  She stated that keep in mind that is where this opposition comes from.

b.      Zoning Petition No. 538 – Consideration of a petition initiated by the Planning Commission to zone public right of way identified as the Airport Road Extension from township zoning to Industrial A.


Daryl Poprave stated that this is a unique property and goes from Hicks Road to Stark Road.  A common practice with interior streets is that they not be zoned but the reason in this issuance is that this is still in the township and if people annex in we want them to be consist with the zoning.  He would note from the public hearing that the Planning Commission would want to be zoned the same as the adjacent property.  The city does not force annexation.  The other reason to zone the road is the fact that outside of the actual road pavement there is a right of way and there are issues of excess that might be sold to an adjacent property owner. 


Ray Senesac asked if the rezoning goes all the way to Stark Road and it does.


Gayle Hanna asked if the road was zoned Industrial would that set a precedent that newly annexed property would be zoned Industrial?


June Shafer, 1765 N Hicks Road, asked if the zoning was for the land south of the new Airport Road or is it the road itself.  She asked if Mr. Fisher and Mr. Link own the property surrounding it.


            No one spoke in favor or opposition.


c.      Zoning Petition No. 539 – Consideration of a petition initiated by the Planning Commission to zone property located at 730 Oakbrook Drive from township zoning to RA-1 Residential.


Daryl Poprave stated that this is a piece of property at the end of Oakbrook Drive cul de sac.  The properties at the end are in the city limits and the properties west are in Larkin Township.  Broadhead Estates to the north is in the city limits.  This property exists as a single family home.  Residential A-1 is to the north and east of this property.  RA-4 is to the south in an apartment complex.  The house already exists they simply wanted water.


            Roger Mead asked why there is an island of township.


Daryl Poprave stated that the city does not force annexation.  It has to come voluntarily from the property owners.  If the State of Michigan Boundary Commission ever reviews this, this is in violation and they could force people to annex in.  We are just one of thousands in this situation.


Gayle Hanna asked if this creates a situation for fire.  The city comes in and goes out past township property.


            Carol asked why someone would not want to annex.


Daryl Poprave said that the water would have to be paid by the property owner when they annex.  Mr. Fisher had to prepay several thousands of dollars to get the water to his property.  You can’t build a commercial or industrial property without fire hydrants.


            No one spoke in favor or opposition. 


f.    Zoning Petition No. 540 – Consideration of a petition initiated by Todd Bennett on behalf of Bennett Construction to rezone property at 221 West Wackerly Street, north and east of Northgate Drive from Office Service to Community Commercial.

      Daryl Poprave stated that this property is seeking to have a new zoning classification.  This property is 2.4 acres of land and located at the west side of their proposed development.  This is the third time this property comes before the Planning Commission.  A strip mall development is at this location.  Part of this property currently exists in community commercial zoning.  This is a rezoning process per Article 30 of the City Zoning Ordinance.  Several criteria have to be followed.


      Zoning petition 500 did not include the triangle initiated in May 2003 and that was before our new zoning ordinance took effect.  The zoning names are different but the intent is the same.  The Planning Commission voted one in favor and seven opposed.  City Council denied the request 2 to 3.  April 2005 was the proposal that did not include the triangle and that was to rezone office service to community commercial.  The Planning Commission recommended it 4 to 3 to approve and City Council denied the petition 2 to 3.  The intent of office service supports retail services.  The types of uses are banks, medical and dental. 


      The Community Commercial district offers a broader range of variety.  Special consideration is taken into account.  Types of uses are automobile filling station, convenience stores, restaurants, and fast food. 


      Is this proposed chance consistent with the master plan, no?  There is currently a zoning classification that isn’t consistent with the master plan but it does allow commercial zoning. 


      Is this is accordance with the Zoning Ordinance?  Yes.


      Have conditions changed since the adoption of the Zoning Ordinance?  Yes. 


      Will the change grant special changes?  No.


      Will the change establish a precedent?  No.


      Is the proposed zoning consistent with the surrounding land?  Yes.


      Is the proposed zoning consistent with the master plan?  No.


      Could all the requirements be complied with?  Yes.


      Is the proposed zoning consistent with the land development?  No.


      Staff recommends denial of this request since it is not consistent with the master plan.


      Senesac asked why the triangle needed to be added to this petition.  Is the detention pond obligated?  Could they put a business back in the pond area?


Sheila Messler, Bennett Construction, she showed an old aerial map and

where they are coming from with a new request.   They are proud of how

the area is developed and with the diversity of business.  The new aerial

shows their commitment and they are retaining ownership.  They are

 requesting this again and you can see what is on the ground and what

they have always intended.  They are developing this area for what

tenants are looking for.  They received letters in both in favor and in



      They don’t know who is going to go in there but what they are leaning to is the Master Plan for guide lines.  The new one has a change.  She went through a workshop of PPS.  One of the criteria is to make destination sites.  Once they are there they do multiple visits.  MCVI is considering expansion.  Office Service is all over this town and sitting vacant.  That corner should be commercial.  There already is a buffer in place.


      They are trying to blend the area and make each unit a little different.  That way you can do multiple activities without driving.  They want to develop the rest of the property and provide a pedestrian walk way.  Take a look and see what is on the ground.  It is exactly what they said was going to happen.


      Ray Senesac asked why they included the triangle.


      Sheila Messler stated that it is a detention pond.  It was part of the parcel and there is room to negotiate as part of the triangle.  If they expand, that could still be a parking lot and be office service. 


      Ray Senesac state he was here for the other two requests.  Daryl’s report states that in 2003 there was 2.7 acres they tried to rezone.  Now there is 2.4. 


      Sheila Messler stated that when they started building it with their hope to have units either office service or a small retail shop.


      Ray Senesac state there really was no problem getting office service.


      Sheila Messler said no.


      Gayle Hanna asked if she approached the adjacent buildings with this proposal.


      Sheila Messler stated that unfortunately they have not.  They would certainly be interested in that.  She understands the concerns of the medical buildings.  It is commercial.  They can widen the parking lot out now.  They would like to do something more than make a straight line with it.  They would be willing to have a discussion.


      Kim Krantz, Coffee Chaos, Jefferson, thinks that office service and retail businesses go hand in hand.  You have that buffer set up between residential.  They are still part of the community and will benefit them as a whole. 


      Chris Jones, his property is a dental office.  He was the first guy in the corner to build.  Before he built he looked at the neighborhood.  This has come up a couple of times before and shot down for good reasons.  His reasons are selfish as to why he opposes it.  He showed some photos of the back of surround buildings.  He does not want more commercial going in.  


      Sheila Messler stated that he did have some nice landscaping but unfortunately it is the back of the building that he looks at.  That is the set backs.  She feels this request fits the need for the community and they just ask to keep it going.


4.   Public Comments (not related to agenda items)




5.      Old Business




6.                  New Business


a.      Conditional Zoning Map Amendment staff memorandum – Daryl will correct the memo and send it back out.  It has to be brought up voluntarily by the petitioner.  It has to be in writing.  It can happen after the meeting or at City Council meeting just not after the vote.  If after the public hearing, somebody brings up new information, there will not be a public hearing.  It could be tabled and have another meeting.  There would not be another public hearing.

b.      When Daryl was showing an aerial of Oakbrook, it gave Ray Senesac perspective of something he did not get from his site visit.  He would like an aerial map included in their packet.


7.  Communications




8.  Report of the Chairman  




9.  Report of the Planning Director


            CITY COUNCIL                                                                                                                


October 9th

                                PUBLIC HEARINGS



                                ACTION ITEMS



October 23rd

                                PUBLIC HEARINGS







November 14th

                                PUBLIC HEARINGS

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


                                ACTION ITEMS



November 28th

                                                PUBLIC HEARINGS

                                Site Plan #254 – A 11,415 sq. ft. medical office building on the                                   MidMichigan Medical Center campus located at 4500 Campus Ridge Dr.


                                ACTION ITEMS

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


December 7th

                                                SPECIAL MASTER PLAN MEETING

                                LSL presentation on Transportation and Community Facilities



                December 12th

                                PUBLIC HEARINGS



                                ACTION ITEMS

                                SP 254

                                Public property vacations

1.        Bay City & Austin from Washington to S. Saginaw

2.        Buttles south of Third St.




        November 21st











The next special meeting on the Master Plan is scheduled for Thursday, December 7, 2006 at 6:00 p.m. in City Council Chambers.  Following this meeting the next Master Plan meeting will be:  Thursday, January 4, 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 9:28 p.m. was unanimously approved.

Respectfully submitted,




Daryl Poprave

Acting Director of Planning and Community Development