Planning Commission

CITY OF BATTLE CREEK PLANNING COMMISSION 10 North Division, Battle Creek, MI 49014 Minutes for Wednesday, March 22, 2023 MEETING CALLED TO ORDER: By Commissioner Gray at 4:00 p.m. ATTENDANCE: Commissioner Lynn Ward Gray asked for attendance to be noted. Commission Members Present: Comm. Godfrey III, absent Comm. Spranger, present Comm. Gray, present Comm. Morris present Comm. Newman, present Comm, O’Donnell, present Comm. Hughes, present Mayor Benhke, absent Commissioners Absent: Godfrey III, Mayor Benkhe. Staff Present: Melody Carlsen, Administrative Assistant, Travis Sullivan, City Planner, Susan Cronander, Planning & Zoning Administrator, Darcy Schmitt, Planning & Zoning Supervisor, Marcie Gillette, Community Services Director, Marcel Stoetzel, Deputy City Attorney. APPROVAL OF MINUTES: A. December 14, 2022 Planning Commission Meeting minutes. MOTION MADE BY COMMISSIONER NEWMAN TO APPROVE THE DECEMBER 14, 2022 MEETING MINUTES AS SUBMITTED. SECONDED BY COMMISSIONER SPRANGER. ROLL VOTE: Commissioner Gray asked everyone in favor to signify by saying “aye”: ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. B. December 14, 2023, Capital Improvement Meeting minutes. MOTIN MADE BY COMMISSIONER NEWMAN TO APPROVE THE DECEMBER 14, 2022 CAPTIAL IMPROVEMENT MINUTES WITH THE CORRECTION THAT COMMISSIONER GRAY WAS IN ATTENDANCE. SECONDED BY COMMISSIONER SPRANGER. ROLL VOTE: Commissioner Gray asked everyone in favor to signify by saying “aye”: ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. CORRESPONDENCE: None. ADDITIONS/DELETIONS: None. PUBLIC HEARINGS/DELIBERATIONS: A.) ZONING ORDINANCE AMENDEMENT #A01-23: Request from the City of Battle to consider amendments to various sections of Zoning Code for the City of Battle Creek. 1 Staff Presentation: Darcy Schmitt, Planning & Zoning Supervisor, gave the staff report of proposed amendments to the Zoning code highlighting key proposed changes and was available to answer questions by the Commission. Public Comments: None. MOTION MADE BY COMMISSIONER NEWMAN AND SECONDED BY COMMISSIONER SPRANGER TO APPROVE #A01-23 ZONING ORDINANCE AMENDEMENTS APPROVEL TO MOVE ONTO CITY COMMISSION FOR APPROVEL. COMMISSIONER NEWMAN thanked staff for all of their time and efforts on the revisions. COMMISSIONER HOUGHES asked for clarification of Section 1251, Solution column, stating “open to public”, does that mean operational or open to all public? Commission Discussion: None. ROLL VOTE: ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. PUBLIC HEARING CLOSED B.) SPECIAL USE PERMIT #S01-23: Petition from Thanos, LLC, requesting a Special Use Permit for property located at 492 SW Capital Ave. The request is for an adult use marihuana retail center. Property is zoned “T-3 Neighborhood Commercial District” pursuant to Sec. 1240.13, Sec. 1251.24 & 1281.05 of the zoning code. Parcel # 7260-00-006-0. Staff Presentation: Travis Sullivan, Planner, gave the staff report presentation. Application for an Adult Use Marijuana establishment. Previously applied for a medical license last December. Applicant is proposing site improvements including building rehab, cosmetic improvements to the exterior, parking, landscaping and fencing. Conditions recommended by staff based on the Standard Conditions attached to Special Uses and Medical Special Use application carried over from last year. Commissioner Gray asked if the petitioner or anyone on behalf of the petition #S01-23 was present to speak. Applicant: Mr. Christopher Ammon, 2207 Orchard Lake Rd, Sylvan Lake Michigan, was present and spoke on behalf of the applicant and owner. Planning Commission Discussion: COMMISSIONER SPRANGER would like to see a 6 month time frame for construction. COMMISSIONER HOUGHES slight concern with a school building within 1000 feet north of the facility. COMMISSIONER O’DONNELL ask what would happen with the property if the 12 month completion time frame is not met. COMMISSIONER GRAY asked for a roll vote to be taken. THREE IN FAVOR, THREE OPPOSED, MOTION DENIED. (Please note: Battle Creek Code of Ordinance (Chapter 1281.05 Special Land Uses) or reasonable explanation must be sited with any “No” votes). 2 Commissioner Houghes- Standard- F, Commissioner Spranger- feels the time frame of a year with an extension up to 6 months is an excessive time frame for complation. Commissioner Morris- Standard F & feels the time frame for completion is excessive. Public Comments: None, public hearing closed. C.) SPECIAL USE PERMIT #S2-23: Petition from Elevatus Architecture on behalf of Meijer, Inc., requesting a Special Use Permit for property located at 2217 W Columbia Ave. for the construction of a building addition to the existing Automobile Service Station. Property is zoned “B-1 Corridor Commercial District” pursuant to Sec. 1240.11, Sec. 1251.05 and 1281.05 of the zoning code. Parcel #0615-31-565-0. Staff Presentation: Darcy Schmitt, Planning Administrator, gave the staff report presentation. The applicant has filed a special use permit application to construct a 463 sq. ft. addition to the south side the 2,436 sq. ft. building in order to add restrooms to serve the building. The applicant is also proposing to construct a trash enclosure just east of the addition. Commissioner Gray asked if the petitioner or anyone on behalf of the petition #S02-23 was present to speak. Applicant: Mr. Craig Armstrong of 111 E. Wayne Street, Suite 555, Fort Wayne, IN 46814, representing Meijer, was present and gave a brief description of the project. Public Comments: None. Commissioner Comments: Commissioner Newman informed the applicant to note when filing for building permits, the City has adopted the 2018 Michigan Plumbing Code. MOTION MADE BY COMMISSIONER HOUGHES AND SECONDED BY COMMISSIONER MORRIS TO APPROVE #S02-23 SPECIAL USE PERMIT WITH THE RECOMMENDATIONS FROM STAFF. Planning Commission Discussion: None ROLL VOTE: SIX IN FAVOR, NONE OPPOSED, MOTION APPROVED. D.) SPECIAL USE PERMIT #S03-23: Petition from AECOM Technical Services on behalf of New Level Sports Ministries, requesting a Special Use Permit for property located at 410 W. Van Buren Street for change in use to a child care center, community retail area, and community clinic. Property is zoned “T-4 Downtown Commercial District” pursuant to Sec. 1240.14 and 1281.05 of the zoning code. Parcels #0601-37-492-0 and 0601-39-542-0. Commissioner Gray asked if the petitioner or anyone on behalf of the petition #S03-23 was present to speak. Applicant: Mr. Pierre Roberson of AECOM Technical Services at 4219 Woodward Ave, Detroit, MI 48201 was present to speak on behalf of the owner at 410 W Van Buren Street and gave a brief description of the project and was available to answer questions. 3 Public Comments: None. Commissioner Comments: Commissioner Newman asked if the site plans would be submitted separately. Commissioner O’Donnell thanked the applicant for coming up with a solution for rehabilitation of the area and bring more childcare options to the city. Commissioner Gray is excited to see more childcare options in the city, especially the Washington Heights area and would like to hear more about Kingdom Builders other projects at this location. Commissioner Morris thanked the applicant for coming to speak to the Commission. MOTION MADE BY COMMISSIONER NEWMAN AND SECONDED BY COMMISSIONER HOUGHES TO APPROVE SPECIAL USE PERMIT S02-23 FOR CHANGE IN USE TO A CHILDCARE CENTER AT 410 W VAN BUREN STREET. ROLL VOTE: SIX IN FAVOR, NONE OPPOSED, MOTION TO POSTPONE APPROVED. OLD BUSINESS: None. NEW BUSINESS: A) Election of officers for 2023 MOTION MADE BY COMMISSIONER NEWMAN AND SECONDED BY COMMISSIONER SPRANGER TO POSEPONE THE ELECTION OF OFFICERS TO THE NEXT SCHEDULED MEETING. COMMENTS FROM THE PUBLIC: Christopher Martin, 32595 42nd Ave, Paw Paw, MI 49079, Urban Planner of Battle Creek Unlimited wanted to introduce himself and is looking forward to working in the community. COMMENTS FROM COMMISSION MEMBERS AND STAFF: None. ADJOURNMENT: Commissioner Gray adjourned the meeting at 4:55 p.m. Submitted by: Melody Carlsen, Administrative Assistant, Planning & Zoning. 4