TUESDAY, AUGUST 13, 2013, 7:00 P.M.,



1.   Roll Call

PRESENT:   Hanna, Heying, McLaughlin, Mead, Pnacek, Senesac, Stewart, Tanzini and Young

ABSENT:      None

OTHERS PRESENT:   Brad Kaye, Director of Planning and Community Development; Grant Murschel, Community Development Planner and eight (8) others.


2.   Approval of Minutes

Moved by Hanna and seconded by Stewart to approve the minutes of the regular meeting of July 23, 2013.  Motion passed unanimously.

3.   Public Hearings


a.    Site Plan No. 320 – the request of Three Rivers Corporation on behalf of Midland Country Club for site plan review and approval of a 16,770 square foot maintenance building, located at 1120 West Saint Andrews Road.


Mr. Mead declared his conflict of interest as being a member of the country club and asked to be excused from voting.  Mr. Tanzini also declared that he is a member of the country club but feels it will not influence his vote.


Mr. McLaughlin motioned to excuse Mead from voting on this proposal.  Hanna seconded the motion.  The motion passed unanimously.


Chairman Pnacek opened the public hearing.


Mr. Kaye presented the proposed maintenance facility including the site zoning and surrounding features.  The new building will be located behind the current building, while a portion of that current building will be retained and used.  The site is proposed to be landscaped in excess of the standards of the ordinance.  Five contingencies are recommended by staff. 


Hanna inquired about a line on the proposed plan which resembled a drain near the creek.  Mr. Stewart asked for clarification regarding the use status of the golf course in the R-1 district.  Kaye confirmed that the golf course was a conditional use. 


Mr. Senesac asked for clarification regarding the regulations of the fire department.  Kaye indicated that the fuel storage area will be designed to catch any fuel that may spill or leak from the storage tanks.  


Jeff Kienbaum, Three Rivers Corporation, addressed the Commission.  He answered the question from Hanna explaining that the line on the drawing indicates a communication or a telephone line.  He also said that a gate in the fence would be constructed due to a request from the cemetery.


Mr. Heying asked about the fuel tanks on site.  Kienbaum indicated that they are doubled walled.  Senesac asked about the current materials onsite which are lying about in this location.  Kienbaum noted that the new building will take care of the excess material.  Senesac wondered about the vehicle activity around the fuel tanks onsite.  Kienbaum indicated that walls and bollards will exist to prohibit damage or accidents. 


Hanna inquired about the close proximity of the fuel tanks to Eastman Ave.  Kienbaum noted that they will be locked.  Hanna suggested a camera be posted to provide extra security.


No additional comments from the public were voiced.  Chairman Pnacek closed the public hearing.


Many commission members voiced their support for the proposed project.


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


            Motion by McLaughlin and seconded by Hanna to recommend to City Council the approval of Site Plan No. 320, the request of Three Rivers Corporation on behalf of Midland Country Club, for site plan review and approval of a 16,770 square foot maintenance building, located at 1120 West Saint Andrews Road contingent on the following:


            1.         Detailed engineering drawings to the satisfaction of the City Utility Department shall be provided to ensure that water used in the washing of maintenance equipment is not released into the city storm system.

            2.         MDOT permits shall be obtained for all work within the right-of-way of Eastman Avenue. 

            3.         A final soil and sedimentation control plan shall be submitted to the City Building Department.

            4.         Lighting fixture detail meeting the requirements of the City Zoning Ordinance must be submitted to the City Building Department.

            5.         The fuel storage area shall be signed to meet the requirements of the City Fire Department. 


YEAS:            Hanna, Pnacek, Senesac, Heying, McLaughlin, Young, Stewart and Tanzini

            NAYS:            None

            ABSTAIN:      Mead


Hanna noted her appreciation for the applicant’s thoroughness in their documents and presentation.


      b.   Zoning Petition No. 587 – initiated by CK & CS, LLC to zone property at 6923 Perrine Road from Larkin Township zoning to Residential A-1 zoning.


            Mr. Kaye presented the proposed zoning petition.  He noted that this parcel was just recently annexed into the City.  The proposed zoning is consistent with the master plan. The proposal will meet the zoning ordinance.  He indicated that the department received two comments from the public.  The first comment questioned the legal description of the parcel.  The second comment was regarding the drainage of the site.


            Heying wondered about the time frame that the City acts on zoning.  Kaye noted that the City has two years after annexation to apply zoning. 


McLaughlin asked about the future lots and the snags that could arise in the process.  Kaye explained that the lands proposed to be developed through the land division process would not be impacted by the legal description concern, regardless of the outcome.  He further explained the worst case scenarios that could arise from a change in the legal description, concluding that any future development review would address and resolve such concerns.


            Mead inquired about how this site relates to the MUGA (Midland Urban Growth Area) boundary.  Mr. Kaye brought up the online GIS map to show where this parcel is in relation to the boundary.  The boundary is about a half mile off to the west and north.


            Mr. McLaughlin asked about the future land divisions of this site.  Kaye indicated that the applicant has indicated the desire to start with land divisions in the north east portion of the parcel first.  Kaye also noted that the standards for developing are consistent whether the applicant chose to do a land division, a site condominium plan, or a platted subdivision.


            Craig Gushow, of Gushow Anthony and Son’s Excavating, asked for any questions from the Commission.  Gushow indicated that the site is a little more than 27 acres.  He indicated that the parcel access is from Perrine Road. 


            Hanna inquired about the drainage concerns onsite.  Gushow explained that the drainage relates to a local retention pond off site.  Gushow has been in contact with the County Drain Commission regarding the county drain crossing the site.  Gushow indicated that the area in question would not cause a concern with what’s planned in the immediate future.


            No additional comments were made from the public.  Chairman Pnacek closed the public hearing.


            Mr. Mead indicated that holding off on this action would allow the applicant more time to address the concerns of the legal description.      Mr. Kaye explained the legal process and what scenarios could arise from discrepancies with the land description.  Mr. Senesac indicated his uneasiness with acting on the proposal tonight.  Mr. McLaughlin indicated that commissioners had previously agreed that they would only waive the procedural by-laws to deal with an application in a single meeting if the Commission was unanimous in their support for such action. 


            Mr. Heying indicated that the Commission should move forward with the rezone because the City is required to act within two years of annexation.  He also indicated his concern over delaying the applicant due to a concern from someone expressing a concern about the legal description and then not even showing up at the public meeting. 


            McLaughlin indicated that the Commission could move forward in the spirit of compromised.  He wondered if the Commission could approve the zoning with the contingency that the legal description issue gets resolved.    


            After not reaching a unanimous consensus, the Commission decided to postpone action until the next meeting on the 27th of August.


5.   Old Business




6.   Public Comments




7.   New Business


Kaye advised commissioners about the MAP Conference that will be held on October 2-4, 2013 at the Radisson Plaza Hotel in downtown Kalamazoo.  The City tries to send members of the Planning Commission to this conference each year.  Tanzini, Heying and Senesac expressed a desire to attend.  Kaye advised that he would examine available funds and see how many commissioners could attend.


8.   Communications


Planning and Zoning Magazine


9.   Report of the Chairperson



10. Report of the Planning Director


      Gayle Hanna has resigned her position as the Planning Commission representative on the Non-Motorized Transportation Committee.  Volunteers to take on this role were requested.  Tanzini indicated his willingness to serve.  Kaye advised that he will follow up to more fully explain the role and expectations.  The appointment is officially made by City Manager Jon Lynch.


      Mr. Kaye announced the departure of Cindy Winland.  Ms. Winland will no longer be maintaining regular office hours but will continue to work for the City on projects that do not require her to be present at City Hall.  The Commission extended their deep satisfaction and pleasure of working with her over the last many years.    


11. Items for Next Agenda – August 27, 2013


a.  Site Plan No. 317 – Foxfire Condominiums located at 5910 Powder Horn Trail

b.  Site Plan No. 321 – Retail Development located at 7001, 7007 and 7013 Eastman Avenue

c.  Site Plan No. 322 – Subway Restaurant with drive-thru located at 2009 South Saginaw Road

d.  Updated Non-Motorized Transportation

e.  Site Plan No. 320 – Midland Country Club


12. Adjourn 


Motion by Mead and seconded by Hanna to adjourn at 8:24 pm.  Motion passed unanimously.


Respectfully submitted,





C. Bradley Kaye, AICP, CFM

Director of Planning and Community Development