NOVEMBER 27, 2012, 7:00 P.M.,



1. Roll Call

PRESENT: Hanna, Heying, McLaughlin, Mead, Pnacek, and Tanzini

ABSENT: Senesac, Stewart and Young

OTHERS PRESENT: Brad Kaye, Director of Planning and Community Development, Cindy Winland, Consulting Planner and Debbie Marquardt, Technical Secretary, and 7 others.


2. Approval of Minutes

Moved by Hanna, seconded by Pnacek, to approve the minutes of the regular meeting of November 13, 2012. Motion passed unanimously.

3. Public Hearings

a. Conditional Use Permit No. 44 initiated by K-Berger III, LLC for a Culvers restaurant with a drive-through, located at 7300 Eastman Avenue on 1.17 acres.


Mr. Kaye stated that the location is on a Meijer outlot. The Culvers restaurant will be 4,207 square feet with a drive-through. There is a land division that is being processed and has been approved but not yet finalized. There was also a variance granted for the parking spaces from 89 to 53 spaces.


The parcel is paved and being used for parking for Meijer. The structure would meet the setback standards. They will have adequate parking. There is a concern with sidewalk connections. We are suggesting they look at providing sidewalk connections for pedestrians.


Ms. Hanna stated that she did not see bike racks on the plan. Mr. Kaye indicated that this should be added as a contingency.


Mr. McLaughlin asked if the access drive serves as legal frontage. Mr. Kaye stated that they are not required to have frontage and it is only there for signage. Mr. McLaughlin asked about the variance and to see if Meijer is compliant with parking.


Peter Spohn, 1021 E. Pickard Street, Mt. Pleasant. They will be the owners of the restaurant and are excited about coming to Midland. When they submitted the photometrics plan, it did not include existing lighting on the site. They will also put in a bike rack.


Mr. Pnacek asked for a description on how the traffic will flow. Peter stated that the flow is to bring them in the building and around and out the north side. Mr. Pnacek asked if there could be a problem with the drive through traffic. Peter stated that it may be a learning curve.


Ms. Hanna asked where they would put bike racks. Peter stated that they would put the bike rack on the patio. She also stated that they encourage people to use their feet and bikes to get around. She would encourage that they work together with the other businesses on a sidewalk through the Meijer parcel.


The public hearing was closed.


Motion by Pnacek , seconded by Hanna , to waive the second meeting requirement.

Motion passed 6-0.


Motion by McLaughlin, second by Heying, to recommend to City Council the approval of Conditional Use Permit No. 44 initiated by K-Berger III, LLC for a Culvers restaurant with a drive-through, located at 7300 Eastman Avenue on 1.17 acres with the following contingencies:

1. The fire hydrant located on the east side of the proposed restaurant shall be relocated to the northern extent of the landscaped island, subject to Fire Department approval of the final location

2. The internal sidewalk adjacent to the handicapped parking spaces shall be 7 feet in width.

3. The storm water management methods are designed and constructed in accordance with the City of Midland Engineering Department specifications.

4. All landscaping shall comply with Article 6 of the Zoning Ordinance. Additional vegetation shall be planted in the landscape island running along the east side of the site.

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

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

7. A soil and sedimentation control plan must be approved.

8. All required public easements shall be secured and provided to the City of Midland, to the satisfaction of the City Engineering, Water and Planning Departments.

9. Bike rack(s) in compliance with the City of Midland Zoning Ordinance shall be installed to the satisfaction of the City Planning Department.



YEAS: Hanna, Heying, McLaughlin, Mead, Pnacek, and Tanzini

NAYS: None

ABSENT: Senesac, Stewart and Young

4. Old Business




5. Public Comments




6. New Business


a.    2013 Zoning Text Amendments


Ms. Winland presented the additions and corrections for the 2013 Zoning Text Amendments.


The Planning Commission will hold a public hearing on the Zoning Text Amendments in January, 2013.


7. Communications


They received the updated sign chapter for the Zoning Ordinance.


8. Report of the Chairperson



9. Report of the Planning Director


They are in the process of interviewing for the position of Community Planner.


Ms. Hanna asked about in-law homes on the same lot. She thinks they need to be

looking at that. It would be a separate unit.


10. Items for Next Agenda December 11, 2012


None no meeting.


11. Adjourn

Motion by Heying second by Pnacek to adjourn at 8:15. .


Respectfully submitted,





C. Bradley Kaye, AICP

Director of Planning and Community Development