TUESDAY, JULY 9, 2013, 7:00 P.M.,



1.   Roll Call

PRESENT:   Hanna, Mead, Pnacek, Stewart and Tanzini

ABSENT:      Heying, Senesac, McLaughlin and Young

OTHERS PRESENT:   Brad Kaye, Director of Planning and Community Development; Grant Murschel, Community Development Planner and four (4) others.


2.   Election of Officers


Mr. Pnacek summarized the process of selecting the nominations through the nomination committee.


Tanzini moved to elect Shawn Pnacek as Chairman for the coming year. Stewart seconded the motion. 


YEAS:            Hanna, Mead, Stewart and Tanzini

            NAYS:            None

            ABSTAINED:            Pnacek

            ABSENT:       Heying, Senesac, McLaughlin and Young


Stewart moved to elect Lowell McLaughlin as Vice Chair for the coming year.  Pnacek seconded the motion.


YEAS:            Hanna, Mead, Pnacek, Stewart and Tanzini

            NAYS:            None

            ABSENT:       Heying, Senesac, McLaughlin and Young



3.   Approval of Minutes

Moved by Hanna and seconded by Stewart to approve the minutes of the regular meeting of June 11, 2013.  Motion passed unanimously.

4.   Public Hearings


a.    Conditional Use Permit No. 46 – the request of David Keyser of ArchiVerde Design, LLC to permit a one-family dwelling on a property located at 502 Ashman Street.  The property is zoned Office Service and is also subject to the Downtown Northside Overlay District standards of the City of Midland Zoning Ordinance.  A one-family dwelling is permitted only by way of conditional use permit review and approval.


Mr. Pnacek explained the public hearing process.


Mr. Kaye presented the proposed conditional use permit by David Keyser.  He reminded the commission of the two kinds of criteria for reviewing a conditional use permit:  objective (site plan standards) and subjective (conditional use standards). The proposed site location is on the northeast corner of Ashman St. and Indian St.  Access onto the site would be from Ashman St.  Staff has concluded that there are no issues arising from this application based upon the objective and subjective criteria.


Mr. Mead inquired about the type of foundation at the new location. Daryl Griggs, the general contractor of the relocating the structure, explained that the basement will be of masonry blocks. He added that the structure will meet the building code.  


Mr. Mead asked about foreseeable problems in moving the structure.  Mr. Griggs noted that a professional moving company will handle the relocation.  He believes the process will go well. 


Mr. Tanzini inquired about whether the garage will be relocated as well.  Mr. Griggs noted that the garage is a masonry building and will not be relocated.  It will be demolished on site.  The existing site will be back-filled and hydro-seeded.  


            Ms. Hanna asked about the landscaping plan on the proposed site.  Mr. Griggs indicated that a landscaping plan has not been submitted but there is a budget for landscaping on site.  The moving company has indicated that the existing trees on site will be retained.  All landscaping plans for the project are tentative but a formal plan can be submitted.  Mr. Kaye stated that since it is a single-family dwelling a landscaping plan is not required.


            Mr. Tanzini asked about whether the second curb cut will remain on Indian Street.  Mr. Kaye indicated that the proposed plan uses only the access onto Ashman Street.  The curb cut onto Indian St. will not be used and will be closed.


            There were no additional comments from the public.


            The public hearing was closed.


            Mr. Kaye explained that if the commission was agreeable, the procedural agreements could be waived and action on this proposal could be taken tonight. 


            A motion was made by Hanna to waive the procedural requirements for a second meeting.  The motion was seconded by Stewart and approved unanimously.


            Motion by Mead and seconded by Hanna to recommend to City Council the approval of Conditional Use Permit No. 46 the request of David Keyser of ArchiVerde Design, LLC to permit a one-family dwelling on a property located at 502 Ashman Street with the contingencies outlined in the staff report as follows:


1.    One (1) single family dwelling shall be permitted on the property.

2.    One (1) driveway shall be permitted to Ashman Street.  Such driveway shall be limited to the existing driveway location provided that it shall be constructed to meet city standards.

3.    Approval is granted to the proposed single family dwelling only.  Anny additional uses of the property shall be reviewed and approved in accordance with the standards of the City of Midland Zoning Ordinance, including the requirements for site plan approval under Article 27.                 


YEAS:            Hanna, Mead, Pnacek, Stewart and Tanzini

            NAYS:            None

            ABSENT:       Heying, Senesac, McLaughlin and Young


5.   Old Business




6.   Public Comments




7.   New Business


      a.   Parking modification – Scott Thiele, MD, 3016 West Wackerly Street


            Mr. Kaye presented the parking modification proposal.  The site is located on the north side of Wackerly St. abutting U.S. 10, between Sturgeon Ave. and Loretta.  A site plan approval process will need to happen, in the event this proposal is approved, but will be an administrative review due to the nature of the project.  He explained the criteria for the action needed and that authority for relief lies with the Planning Commission.  He indicated that the applicant contends that additional parking is needed as obstetrics patients often bring several others to an appointment, usually in separate vehicles, and significant overlap exists.  He added that no neighboring properties would be impacted by the addition of parking.  Staff supports the request.


            Mr. Mead inquired about the approval of parking on the original plan approval for the site and why the amount was not considered at that time.  Mr. Kaye indicated that at that time, parking needs were not at the level they are currently.  Over time, the needs and patient levels have changed adding stress to the existing lot.      


            Mr. Pnacek asked for clarification regarding the current number of spaces and how it relates to minimums and maximums on the site.  Mr. Kaye noted that the site is currently at the minimum spaces allowed, twenty-eight (28).  The proposal is to exceed the maximum of thirty-five (35) and permit forty-five (45) spaces.


            Mr. Stewart wondered about detention on the site.  Mr. Kaye indicated that through the staff review of the proposed parking lot, storm water management will be addressed and adherence will be required.     


            Mr. Stewart wondered about space to turn around at the end of the lot.  Mr. Kaye indicated that the staff will require adequate turn around space and may include a hammerhead turn around at the far north side of the lot. 


            Mr. Pnacek inquired about setback distances along U.S. 10.  Mr. Kaye noted that there are no setbacks required for the parking area along U.S. 10. 


            Jerry Schafer explained the proposal for the larger parking lot.  He indicated that the detention would need to be expanded.  He requested that the commission act on this tonight. 


            Mr. Pnacek wanted clarification on the detention changes.  Mr. Schafer indicated that detention would be changed regarding size of the detention pond. 


            Mr. Tanzini asked about where the current storm water is discharged.  Mr. Kaye indicated that current discharge is into Wackerly via a storm sewer.  Detention on site would need to increase.


            Scott Thiele, co-owner of Mid Michigan Obstetrics & Gynecology, indicated that the business has changed significantly since it was initially built.  Services on site have increased.  Parking issues have continued to worsen as business has increased.  He indicated that the business is projecting an increase in clients in the future as another clinic in town will be discontinuing its obstetric services. 


            Ms. Hanna indicated that she is very supportive of this business and the services it offers to city residents.


            Mr. Mead asked about the adjoining site and the plan for its future.  Mr. Thiele indicated that this property will be sold as soon as possible. 


            Mead asked about the storm water implications on the adjoining parcel.  Mr. Thiele indicated that the site will use the proposed detention.  The expansion of the parking lot will also make it easier to sell the adjoining lot.    


            Hanna motioned to approve the parking modification at 3016 West Wackerly to exceed the maximum requirement of thirty-five (35) spaces and to allow forty-five (45) spaces on site effectively exempting the site from the requirements of Sec. 5.01 C. 7.  The motioned was seconded by Tanzini. 


YEAS:            Hanna, Mead, Pnacek, Stewart and Tanzini

            NAYS:            None

            ABSENT:       Heying, Senesac, McLaughlin and Young



8.   Communications




9.   Report of the Chairperson


Mr. Pnacek expressed his gratitude for Mr. Mead’s service as chairman over the last two years.


10. Report of the Planning Director


      Mr. Kaye introduced Grant Murschel as the new Community Development Planner.  He is a graduate of Montana State University and a resident of Freeland. 


11. Items for Next Agenda – July 23, 2013


a. Conditional Use Permit No. 47 – A request of Midland County Habitat for Humanity, to permit a one-family dwelling on a property located at 1013 East Pine Street. The property is zoned Residential B multiple family regulated by the City of Midland Zoning Ordinance.


Mr. Mead asked for a report on housing permits within the City to indicate residential progress. 


12. Adjourn 


Motion by Stewart and seconded by Mead to adjourn at 7:40 pm.  Motion passed unanimously.


Respectfully submitted,





C. Bradley Kaye, AICP, CFM

Director of Planning and Community Development