NOVEMBER 25, 2008, 7:00 P.M.,



1.   Roll Call

PRESENT:  Eyre, Gaynor, Hanna, King, Kozakiewicz, Mead, and Senesac

ABSENT:  Brown and Svenson

OTHERS PRESENT: Keith Baker, Planning Director, Daryl Poprave, Deputy Planning Director; Debbie Marquardt, Technical Secretary and three others.


2.   Approval of Minutes

Moved by Senesac, seconded by Kozakiewicz, to approve the minutes of the regular meeting of November 11, 2008 as written. Motion passed unanimously.


3.   Public Hearing


      a.   Zoning Petition No. 556 initiated by Cal Ieuter for property located at 404, 408 and 414 Townsend Street from Office Service zoning to Downtown zoning classification.


            Mr. Baker gave the overview of the property located at the intersection of Indian Street and Townsend Street.  There have been significant property acquisition in this area recently.  The property is currently zoned Office Service.  The property to the west is zoned Downtown.  The future land use map and master plan show this parcel identified as downtown purposes.  There are ten questions they are required to look at as identified in the Zoning Ordinance.


            The property is consistent with the City Master Plan.  The proposed rezoning would be in accordance with the intent of the Zoning Ordinance.  Conditions have changed with the purchase of properties and recent development.  The amendment would not grant special privileges.  The amendment would not result in unlawful exclusionary zoning.  The amendment would not set an inappropriate precedent.  The proposed zoning is consistent with Downtown zoning across the street and what is in the Future Land Use map.  The proposed zoning is consistent with the future land use map that defines this for Downtown usage.  All requirements of that district could be accommodated on the parcel.  The proposed zoning is consistent with the trend developing in this general vicinity.


            Staff would recommend approval of the zoning petition.


            Mr. Senesac asked if there was any other input and there was not.


            Ms. Hanna asked about the parking requirements.  The Planning Commission could make that parking request in the site plan review. 


            Cal Ieuter, Ieuter Insurance Group, stated they have out grown their present space and they have 22 employees and they are looking to expand and they want to continue in downtown Midland.


      No one spoke in favor or opposition. 


      The public hearing was closed. 


4.  Public Comments




5.   New Business


      Introduction of proposed 2009 Zoning Ordinance amendments.


Mr. Poprave explained the material they have in front of them, which is the actual text of all of the amendments that have been proposed.  The first page has the article name and the changes are highlighted in blue.  The only change that they have not received yet is the commercial driveways section.  Staff is on their third draft to get it in working order.  It has to be enforceable. 


      Article 2 – Definitions

      Article 3 – General Provisions

      Section 3.01J – require bicycle racks

      Table 3.2 – projections into yards

      Section 3.10 – commercial driveways

      Section 3.16 - communication facilities (cell towers)

      Section 5 – Parking and Loading

      Article 8 Signs

Section 8.05 – LED signs
Article 21 – Business Districts

      Table 21.1 – Table of Permitted Uses

      Article 22 – LCMR District

      Section 22.02 – Additional permitted uses by right

      Article 27 – Site Plan Review

      Section 27.02(c) – Administrative Site Plan Review

      Section 27.04 – Create additional requirements for off-site improvements

      Article 31 – Administrative Organization


      On December 9th they will schedule a public hearing. 


Ms. Hanna addressed 3.2 – bicycle storage.  She would really like to see the word shall replaced by recommended.  There are things that have to be black and white and this is not one of them.  They have to move toward a goal and that is something the general population isn’t ready for yet. 


Mr. Eyre questioned adequate biking storage.  Mr. Gaynor agrees.  Mr. Senesac asked about the way it is worded.  Now the Planning Commission can decide. 


Mr. Poprave stated that they could wait until the non motorized transportation group will come up with a recommendation.


Ms. Hanna stated that there are other forms of transportation that are included in non motorized transportation.  She would like them to look at it again in regards to rack verses storage.  They may have to wait and add it later.  Start with strong recommendations in a site plan.


6.  Old Business




7.   Communications


      They received the Planning & Zoning News.


8.  Report of the Chairperson  




9.    Report of the Planning Director


CITY COUNCIL                                                                                                                 


December 8th




a)     Conditional Use Permit No. 33, the request of Midland County Habitat for Humanity for the construction of a single family home located at 309 E. Grove Street.  This property is located in a Residential B zoning district.


b)    Conditional Use Permit No. 32, the request of Brittany Real Estate Company LLC for a 16,983 square foot building addition to an existing 52,078 square foot nursing home located at 3615 East Ashman Street. 




December 9th        




a)    Zoning Petition No. 556 initiated by Cal Ieuter for property located at 404, 408 and 414 Townsend Street from Office Service zoning to Downtown. 




November 18th Meeting


No. 08-16 – Three Rivers Corporation on behalf of MBK Development, LLC for an area/dimension variance for a building and parking lot setback encroachments at 102, 108, 110, and 114 W. Buttles Street and 416 E. Indian Street.  (Denied)   December meeting canceled.








December 9, 2008 is the next regularly scheduled Planning Commission meeting and only meeting in December. Merry Christmas!


Annual Training Workshop – Planning is underway for the commission’s annual training workshop to be held at the “H” Hotel.  The revised date is Saturday January 31, 2009. 


Zoning Petition No. 555 initiated by Soil Tech, Inc. for property located at 4501 Bay City Road from Residential B zoning to Regional Commercial was rescinded by the petitioner and will not be acted upon by the City Council. 


January 13th will be the public hearing on the zoning text amendments.  December 9th they will have introduction of applying zoning to annexed parcels and go through the maps.  They will look at six recently annexed parcels.  They will revisit the Stark Road parcel.  January 27th will be a public hearing to review those classifications.  Three of the six parcels are city owned property. 


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

Respectfully submitted,



Keith Baker, AICP

Director of Planning & Community Development