NOVEMBER 13, 2007, 7:00 P.M.,



1.   Roll Call

PRESENT:  Brown, Eyre, King, Kozakiewicz, Mead, Senesac and Svenson

ABSENT:    Gaynor and Hanna

OTHERS PRESENT: Keith Baker, Director of Planning & Community Development, Daryl Poprave, Deputy Planning Director; Cheri King, Community Development Specialist and 10 others.


2.    Approval of Minutes

Moved by Eyre, seconded by King, to approve the minutes of the regular meeting of October 23, 2007 with correction on page 6. 


3.   Public Hearing


      a.   Zoning Petition No. 545, initiated by the MidMichigan Medical Center for property located at 3200 West Sugnet Road from Residential A-1 to Community. 


This petition is for 23.46 acres, directly north of West Sugnet Road, west of Harlow Drive.  The property is currently zoned RA-1.  It adjoins the Community zoning to the north and to the east.  The area to the south is zoned RA-1.  There is RB to the northwest and to the southwest.  The property is currently vacant, heavily wooded and in the flood plain.  The recently adopted master plan identifies this property for public and quasi-public uses.  It is owned by MidMichigan Medical for future expansion and operations.  This property was donated to the hospital by the Herbert and Grace A. Dow Foundation.  213 of the total required parking stalls are located on the adjacent property which is zoned RA-1.  The RA-1 does not permit hospitals or parking lots. Therefore, the hospital has applied for the rezoning of this property to the Community zoning district.  The proposed amendment is consistent with the city’s recently adopted master plan.  The proposed amendment is in accordance with the intent and purpose of the zoning ordinance.  As the hospital is the second largest employer in the city, it will encourage new jobs in the area.  Conditions have changed since the zoning ordinance was adopted, because the hospital has proposed this addition which will require the additional parking.  The amendment will not grant special privileges to the hospital.  The amendment will not result in unlawful exclusionary zoning as the community zoning will be consistent with the zoning to the north and east.  The amendment will not set an inappropriate precedent.  The area has been expanded to accommodate the hospital’s growth.  The proposed zoning is consistent with the zoning classification of the surrounding land.  There is community zoning to the north and east of this property.  The campus of Northwood University is west of land owned by the hospital.  The proposed zoning is consistent with the future land use designation of the surrounding land in the city master plan.   The proposed zoning is consistent with the trends in land development in the general vicinity surrounding the property.  Much of this area is in the flood plain.  The Planning Department received one telephone call from a property owner on West Sugnet Road, who said he would respond in writing.  As of this time, the Planning Department has received no communications.


Tom Lind, 2806 Greenwich Circle, is representing the hospital.  He has no comments at this time.


No one spoke in favor of this rezoning request.  Philip Ivan, 3202 West Sugnet, spoke in opposition to this request.  He wants to know why they are planning to rezone the entire parcel if the parking lot is just going to involve the land along Harlow Drive.  Mr. Ivan stated he has no objections to their rezoning the portion along Harlow Drive, but he does not understand why all the land in the flood plain also has to be rezoned.


Mr. Lind stated they have no specific reason for requesting the rezoning of the entire parcel, except for the consistency of the zoning of the land owned by the hospital. 


The public hearing was closed.


4.   Public Comments (not related to agenda items)




5.   New Business




6.   Old Business



      a.   WITHDRAWN Zoning Petition No. 546, initiated by Agree Realty

Corporation to rezone property at 4710 Eastman Avenue from Office Service to Regional Commercial zoning classification.


b.   Conditional Use Permit No. 26, the request of the County of Midland for a proposed County jail at 101 Rockwell Drive on 30 acres.


Mr. Baker stated he has received a revised drawing since the public hearing was held.  The site is located on approximately 30 acres on Rockwell Drive and Fast Ice Drive.  Fast Ice Drive comes off Bay City Road and turns, running into Rockwell Drive.  The adjoining areas are zoned Agricultural.  The northeast corner of this quarter section is zoned regional commercial. 


Conditional Land Use requests are reviewed with two sets of criteria, including discretionary standards and non-discretionary standards.  Discretionary standards include the protection of public health, safety and general welfare and compatibility with surrounding land uses.    Mr. Baker showed a simplistic version of the site plan, having access off of Fast Ice Drive.  There is provision for parking, a loading area, a delivery area, a mechanical courtyard, a maintenance facility and a relocated evacuation area in the event the inmates have to be escorted out of the building.  Midland County did submit a request for the improvement of Rockwell Drive, with the city absorbing the costs for 2/3 of the improvements and the county providing the costs for 1/3 of the proposed improvements.  The proposed jail will be located greater than 300 feet from the nearest residential home. 


Rich Fosgitt, Wilcox Professional Services, on behalf of the County of Midland.  He does not have anything else to present except the revised drawing which was already distributed by Mr. Baker. 


Richard Brownfield, 8116 S, Front Street, Kalamazoo, MI, architect for the project.  He stated there may be a change in some of the materials intended to be used, but it is not a major change.  There may be a change in the color of the brick used. 


Mr. Senesac stated that this has met all the technical criteria so he will support this plan.  Ms. Brown stated she likes the movement of the evacuation center and she is also in favor of this plan.  Mr. Mead, Mr. Eyre, Mr. Kozakiewicz and Mr. King all stated they are all in favor of the plan as presented.


It was moved by Eyre and seconded by Brown to recommend City Council approval of Conditional Use Permit No. 26 based upon the following contingencies:


      1.   The stormwater detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   All parking spaces shall comply with Section 5.01(d) of the Zoning Ordinance and be delineated by the “box” style striping.

      6.   A 5 foot concrete sidewalk shall be installed along the developed frontage of Fast Ice Drive.

      7.   The landscaping and berm along Rockwell Drive shall be relocated in such a way as to not impede the utility easement.

      8.   The fenced emergency evacuation area shall be located on the south side of the building. 


YEA:    Brown, Eyre, King, Kozakiewicz, Mead, Senesac and Svenson

NAY:   None

ABSENT:   Gaynor and Hanna


The motion was approved 7-0.


      c.   Set a public hearing for Tuesday, December 11, 2007 at 7:00 p.m. to

            consider proposed zoning text amendments.


            Motion by Senesac, seconded by Brown to set a public hearing for Tuesday, December 11, 2007 at 7:00 p.m. to consider the proposed zoning text amendments.


YEA:    Brown, Eyre, King, Kozakiewicz, Mead, Senesac and Svenson

NAY:   None

ABSENT:   Gaynor and Hanna


The motion was approved 7-0.


7.  Communications




8.  Report of the Chairperson  




9.  Report of the Planning Director


            Access management – need a committee of 3 Planning Commissioners to form a committee to present a proposal to the entire Planning Commission.


            The second opportunity for participation would be the development of a committee to look into non-motorized methods of transportation.  There are a couple of Council members, a couple of members of the Parks & Recreation Board and a few bicyclists who will also sit on this committee.


CITY COUNCIL                                                                                                                 


November 12th                                    


            ACTION ITEMS        


1.    Site Plan No. 269 from Ron and Mike Lapham, a request for site plan review and approval for a 3,600 square foot garden center at 1314 West Wheeler Street.  (Approved 3-1)


2.    Site Plan No. 270 from Dow Howell Gilmore Associates, Inc., on behalf of King’s Daughters and Sons of Midland, Inc., a request for site plan review and approval for a 16,917 square foot addition at 2410 Rodd Street.  (Approved 4-0)


3.    Site Plan No. 268 from Latitude Engineering & Surveying, Inc., on behalf of Suburban Inns, a request for site plan review and approval for a 100,000 square foot hotel at 810 Cinema Drive.  (Approved 4-0)




November 27th  

            PUBLIC HEARINGS 


1. Conditional Use Permit No. 27, the request of Bartow & King Engineers, Inc. for a drive thru window at a fitness park at 601 East Wackerly Street on 1.6 acres. 


2.   Conditional Use Permit No. 28, the request of Nextel Communications for the placement of a wireless antenna on the          rooftop of the building located at 6517 Eastman Avenue. 


            ACTION ITEMS        


1.    Zoning Petition No. 545, initiated by the MidMichigan Medical Center for property located at 4005 Orchard Drive from Residential A-1 to Community.


2.    Review of proposed Zoning Code amendments.




November 20, 2007 Meeting


a.    No. 07-13 – Monarch Building Company for an area/dimension variance to allow the construction of an 896 square foot attached garage at 6106 Peachtree Circle.


b.     No. 07-14 – Greystone Homes, LLC for an area/dimension variance to allow the construction of a 986 square foot attached garage at 5608 Powder Horn Trail.








November 27, 2007 is the next regularly scheduled Planning Commission meeting.  Deputy Director Daryl Poprave will be the staff’s representative at the meeting.


The public can view the newly adopted 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.


There are two new opportunities to become further involved as a Planning Commissioner.  Volunteers are needed to serve on an Access Management steering committee.  Planning Department staff would like three volunteers to meet as needed to assist in drafting and scheduling training on the creation of an access management ordinance. 


Secondly, to begin the process of investigating expanding the city’s planning for non-motorized transportation, a volunteer or two are needed to serve on a non-motorized study committee.  Representatives of the Park & Recreation Board, the City Council and bicycling interest groups will also be participating.    


Planning Commission packets are available on-line at the City of Midland’s web site.  Meeting agenda items are highlighted and residents can “click” on the link to view all of the supporting documentation.  The city’s web site address is www.midland-mi.org.


10.  Adjourn

Adjournment at 7:52 p.m. was unanimously approved.

Respectfully submitted,




Keith Baker, AICP

Director of Planning and Community Development