DECEMBER 9, 2008, 7:00 P.M.,



1.   Roll Call

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

ABSENT:  Gaynor

OTHERS PRESENT: Daryl Poprave, Deputy Planning Director; Cheri King, Community Development Specialist and four others.


2.   Approval of Minutes

Moved by Eyre, seconded by Senesac, to approve the minutes of the regular meeting of November 25, 2008 as written. Motion passed unanimously.


3.   Public Hearing




4.  Public Comments




5.   New Business


      a.   Introduction and setting of public hearings of proposed zoning petitions (No. 557, 558,

559, 560 & 561) for recently annexed property to the City of Midland.  Hearings to be held on Tuesday, January 27, 2009.


Six parcels were annexed into the city in the past year.  The city has two years to apply a city zoning classification to these parcels once they are annexed.


Zoning Petition No. 557, 6500 and 6501 Airport Road was annexed from Lincoln Township.  These parcels were zoned Residential “R-2”, as medium density residential.  Permitted are single family structures duplexes, home occupations and general farming.

The city’s future land use map shows this area as a Light Industrial zoning classification. 


Zoning Petition No. 558 is the Airport Road extension, annexed from Lincoln Township.  The property was utilized to construct the new Airport Road extension from Sturgeon Road to Stark Road and all of the property is owned by the City of Midland.  The city’s future land use classification shows this area as Light Industrial.  The property was zoned Residential “R-2”, Medium Density Residential in Lincoln Township.


Zoning Petition No. 559, 8506 Sturgeon Avenue, was zoned Residential A, low density residential in Larkin Township.  The city’s future land use map shows this area as low density residential.  This property was annexed from Larkin Township in 2007. 


Zoning Petition No. 560, 4674 East Wheeler Road was annexed from Midland Township in 2007.  The current township zoning is R-1 Residential.  This property is adjacent to the City of Midland’s landfill.  The house on this lot was demolished.  The city’s future land use map shows this area as Light Industrial, but in this case, the city’s recommendation is for Agricultural, since all the landfill is zoned with this classification. 


Zoning Petition No. 561, 7550 Eastman Avenue, was annexed from Larkin Township in 2008.  The current township zoning is Zone VII – Industrial A.  This is the Wysong property just north of Feeny, north of the Meijer store.  The property extends all the way to the north to the Tractor Supply Store.  This property was all surrounded by city property.  The city’s future land use map shows this area as Regional Commercial, as it is completely surrounded by Regional Commercial.


Zoning Petitions 557 and 558 were originally considered for zoning in 2006 as ZP 537 and 538.  Industrial A was the proposed city zoning which was and still is supported by the City Master Plan.  Ultimately City Council did not act on this request as the petition was withdrawn at the request of the property owner, the Fisher Property Account.  City Ordinance requires that we now re-consider this action. 


Since the last attempt, two events have taken place.  First, the city adopted a new Master Plan. The Planning Commission reviewed this specific area and the determination was made to keep the future land use designation as “light industrial”.  Second Lincoln Township recently completed its five year review of their Master Plan and also affirmed this future land use designation. 


Zoning Petition No. 559, staff recommends that this parcel retain its RA-1 Residential zoning classification.


Zoning Petition No. 560, staff recommends that this parcel be assigned Agricultural zoning as it is a part of the landfill and is surrounded by Agricultural zoning.


Zoning Petition No. 561, staff recommends that, due to the surrounding Regional Commercial, city zoning and the Master Plan and Future Land Use designation of “Commercial” that the Regional Commercial zoning classification be applied to this parcel.  The caveat being that it may make the existing use of this property nonconforming or create the necessity for conditional land use approval should future expansions be planned.


The Planning Commission will hold public hearings on these zoning petitions on January 27, 2009. 


6.  Old Business


      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. Poprave showed an aerial photograph of the subject property.  It is located easterly of Townsend and south of East Indian Street.  It is presently the location of a law firm.  The existing land use is office and some vacant.  The future land use designation shows this as a part of the Downtown land use designation.  It is currently surrounded by Office Service on three sides and Downtown zoning on the south.  In accord with Section 30.03(D) of the Zoning Ordinance, the Planning Commission reviewed the required criteria prior to taking action.  Upon careful review of the requested zoning change, staff recommends approval of the rezoning petition as presented. 


            Cal Ieuter, 5500 Pondview, Midland, is closing on the property next Tuesday.  They are closing on the property at that time and desire to expand their business at this location.


            Mr. Senesac stated it clearly meets the requirements of the Zoning Ordinance.  Mr. Mead feels this will be a good addition to the downtown and he is in favor of the zoning change.


            Motion by Senesac, seconded by Eyre, to recommend to City Council approval of Zoning Petition No. 556.


            YEAS:       Brown, Eyre, Hanna, Kozakiewicz, King, Mead, Senesac and


            NAYS:       None

            ABSENT:  Gaynor


            Motion approval 8-0.


      b.  Setting of public hearing for proposed 2009 Zoning Ordinance amendments.  Hearing

            to be held on Tuesday, January 13, 2009.


      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


      Mr. Poprave stated this is a precursor to an access management ordinance.  One of the goals of the Master Plan was to tie the Master Plan to the Zoning Ordinance.  In this revision, they talk about having a curb cut every 300 feet.  There is the potential for a large parcel to have several curb cuts and questioned if this is reasonable.  The language used in the text matches the language used in the tables.  The new Zoning Ordinance uses a large number of tables and these revisions provide consistency between the narratives and the tables.  The tables in the proposed ordinance language are from MDOT and they are used very successfully in other communities.  The new language has been reviewed by the city’s Traffic Engineer and meets with his approval as well as the recommendations of MDOT.


      There was an entire paragraph added that describes “Traffic Impact Studies”.  This is mentioned in the ordinance and there is nothing that describes what a Traffic Impact Study is.  These definitions are from the Institution of Transportation Engineers (ITE) and clearly define Traffic Impact Assessments, Traffic Impact Statements and Traffic Impact Studies.


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. 




January 13, 2009




a)    2009 Zoning Ordinance Text Amendments


January 27, 2009




a)  Zoning Petition No. 557, 558, 559, 560, and 561 – Application of city zoning to annexed





    a)  2009 Zoning Ordinance Text Amendments




December 16, 2008 Meeting has been cancelled








January 13, 2009 is the next regularly scheduled Planning Commission meeting. Merry Christmas!


Annual Training Workshop – Planning is underway for the commission’s annual training workshop to be held at the “H” Hotel.  The date is Saturday January 31, 2009 from 8:30 a.m. to 1 p.m.  An agenda will be included in your next Planning Commission packet. 


10.  Adjourn   Adjournment at 7:55 p.m. was unanimously approved.

Respectfully submitted,



Daryl Poprave, AICP, CFM

Deputy Director of Planning & Community Development