FEBRUARY 24, 2009, 7:00 P.M.,



1.   Roll Call

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

ABSENT:    Hanna and King

OTHERS PRESENT: Keith Baker, Planning Director; Debbie Marquardt, Technical Secretary, and 6 others.


2.   Approval of Minutes

Moved by Senesac, seconded by Brown, to approve the minutes of the regular meeting of February 10, 2009 as written. Motion passed unanimously.


3.   Public Hearing




4.  Public Comments




5.   New Business




6.  Old Business


a.   Zoning Petition No. 557, initiated by the Planning Commission, to zone property at 6500 and 6501 Airport Road, located east of Stark Road and north of US-10, from Township zoning to Limited Commercial, Manufacturing and Research (LCMR) zoning.


Mr. Baker stated that the petition was initiated by the Planning Commission.  The city’s future land use map shows commercial surrounded by light industrial.  The current township zoning is single family residential.  The recommendation by staff is LCMR for a city zoning classification. 


Sheila Messler, 2049 N. Dublin, said she had some new information to clarify things that were said at the public hearing.  She is a member of the Planning Commission of Lincoln Township.  A letter was sent by the Lincoln Township Planning Commission and it was a unanimous decision to send that letter and show what the future land use looks at that intersection.  This is an area that needs to be looked at after the census is done.  It clearly meets the planning circumstances for that area.  The area mostly north of that has been questionable because there is a strip of industrial.  This area is close to US-10 and the exit ramp supports LCMR and it offers many variables.  The township ends at Dublin.  This has been the recommendation for this area. 


Kathleen Kemp, 1800 North Stark Road, her dad Victor Caldicourt and her sister Joann own the 40 acres, which adjoins the Fisher Property.  The new information is that she has owned a licensed day care in her home for seven years.   There are also two other day cares one north and one south of her.  Having LCMR close to daycares threatens the safety of the children and destroys their business which is how they make their living.  She opposes LMCR zoning in the area.  She was shocked that the Planning Commission approved daycare centers in the LCMR zoning.  She contacted the Department of Human Services and told them about this and they have very strict rules and are concerned about having daycares near LCMR.  Adults need to be responsible for the children.  The resale of the LMCR property should not be more important than our children’s safety.  She did enclose Lincoln Township’s master plan to study.  The rest of the MUGA area on the Lincoln Township Master Plan is categorized as residential.  In August JE Johnson made tremendous noise and one day in August the noise scared her horse, which is 30 years old and it scared her and she fell and cut her leg.  She wanted to know how are they going to screen the residents from toxic chemicals that gets into the air?  She doesn’t feel it is acceptable to put LMCR near residents.  She is asking that they do not zone the property LCMR.


Mr. Baker stated that they would enforce zoning codes as appropriate.  Midland does not have a noise ordinance.  So if it is a disturbing the peace that would have to go through the police department.  Screening would go through site plan review.  Any project will be required to go through conditional use approval or site plan and those require specific criteria to be met.  Emissions and chemical use are subject to outside authority.


Mr. Senesac asked about the terms of noise in LCMR and it is very restrictive what is allowed outside the building and what is allowed inside.  It wouldn’t be fork lifts dropping things outside. 


Motion by Mead, seconded by Gaynor, to recommend to City Council approval of Zoning Petition No. 557 to rezone 6500 and 6501 from township zoning to LCMR.


Mr. Mead stated that when he had a concern he would talk to Alan Ott and he said that when you want to control a piece of property you have to own it.  As zoning commissioners, they take into account the rights of the larger portion of the city and what is going to be the best for them.  They spent a lot of time on the master plan in that area and he plans to vote for it.


Mr. Senesac stated that they have had some good input from the residents of the area and appreciates Sheila Messler coming in with the township view.  They have spent a lot of time talking about this.  Originally it was for industrial and the residents came in and they backed off and recommended LCMR.  During the process of the master plan they came to the right decision and nothing has changed since then.  LCMR is the right decision.


Mr. Eyre agrees with Mr. Mead and they decided during the master plan process that LCMR is a good fit for the location.


            YEAS:       Brown, Eyre, Gaynor, Kozakiewicz, Mead, Senesac and Svenson

            NAYS:       None

            ABSENT:  Hanna and King


            Motion approved 7-0.


b.   Zoning Petition No. 558, initiated by the Planning Commission to zone the Airport Road extension from Hicks Road to Stark Road from Township zoning to Limited Commercial, Manufacturing and Research (LCMR) zoning.  (Petition rescinded by the city staff.)


      This was taken off for this evening relative to the zoning of the Airport Road right of way.  It is not necessary at this time and they can bring it back at a future date.


c.   Zoning Petition No. 559, initiated by the Planning Commission, to zone property at 8506 Sturgeon Avenue from Township zoning to Residential A-1 zoning.


The property is on Sturgeon Avenue.  It is a single parcel currently zoned within the township as residential property.  The city recommendation is RA-1 single family residential.  This property owner requested annexation for municipal utilities.  The recommendation is RA-1 single family residential.


Motion by Eyre, seconded by Brown, to recommend to City Council approval of Zoning Petition No. 559 from township zoning to RA-1.


           Mr. Kozakiewicz agrees and so does Mr. Senesac.


            YEAS:       Brown, Eyre, Gaynor, Kozakiewicz, Mead, Senesac and Svenson


            ABSENT:  Hanna and King


            Motion approved 7-0.


d.   Zoning Petition No. 560, initiated by the Planning Commission, to zone property at 4674 East Wheeler Street, from Township zoning to Agriculture zoning.


Mr. Baker showed the property located on the south side of Wheeler Street.  It is on the north side of the city landfill property.  The house on this site as of April 2008 has been removed and it is a vacant lot.  The landfill itself is zoned agricultural and it is recommended that this property be zoned agricultural as well.  The township zoning was a residential classification.


Motion by Senesac, seconded by Brown, to recommend to City Council approval of Zoning Petition No. 560 from township zoning to agricultural zoning.


Ms. Svenson thinks that is the right choice.




            YEAS:       Brown, Eyre, Gaynor, Kozakiewicz, Mead, Senesac and Svenson

            NAYS:       None

            ABSENT:  Hanna and King


            Motion approved 7-0.


7.   Communications


      Planning and Zoning News was included in the packet.


    8.  Report of the Chairperson  


      Next regular meeting on March 10th has been cancelled due to lack of agenda items.


9.    Report of the Planning Director




March 9, 2009 




a)     2009 Zoning Ordinance Text Amendments




March 10, 2009 - Canceled


March 24, 2009




a)     Site Plan No. 288 from Dow Howell Gilmore Associates, Inc. site plan review and approval of a 14,152 square foot addition to Arnold Center located at 400 Wexford Avenue.




March 17, 2009 Meeting


No. 09-01 – Kirk Dittenber for an area/dimension variance to build a 1,080 square foot storage structure at 1911 East Wheeler Street.


No. 09-02 – Mark Larsen for an area/dimension variance for a renovation to extend behind the front of the detached garage at 2209 Hillgrove Parkway.








March 24, 2009 is the next regularly scheduled Planning Commission meeting.


Annual Training Workshop – The commission’s annual training workshop will be held at the “H” Hotel.  The date has been tentatively rescheduled to Saturday March 28, 2009 from 8:30 a.m. to 1 p.m.  


Cindy Winland, Crescent Consulting, is now assisting the Planning Department by providing professional planning services on Wednesday mornings.  Ms. Winland will also be responsible for staffing the Zoning Board of Appeals and completing projects as assigned by the Planning Director. 


The Non Motorized Transportation Advisory Committee is nearing completion of its draft plan and will be scheduled for a Planning Commission presentation at some point in the near future.


  1. Adjourn         


Adjournment at 7:40 p.m. was unanimously approved.

Respectfully submitted,




Keith Baker, AICP

Director of Planning & Community Development