Planning Commission

AGENDA PLANNING COMMISSION MEETING Date: Wednesday, MAY 24, 2023 Time: 4:00 P.M. Where: Room 301, City Hall 1. Call to Order 2. Attendance 3. Approval of Minutes – April 26, 2023 4. Correspondence 5. Additions or Deletions to the Agenda Deletion of Item: B. SIX MONTH EXTENSION OF THE SPECIAL USE PERMIT S07-22 6. Public Hearings/Deliberations: A. SPECIAL USE PERMIT #S06-23: Petition from AECOM Technical Services (Pierre Roberson) on behalf of Chris McCoy, Executive Director, New Level Sports Ministries, requesting a special land use permit to allow for Parking as a Principal Use on a vacant parcel located on W VanBuren Street, parcel #0601- 39-542-0. Property is zoned “T-4 Downtown Commercial District”. Pursuant to Section 1240.14 and 1281.05 of the City of Battle Creek Zoning Code. 7. Old Business: 8. New Business A. APPROVAL OF AMENDED PC BYLAWS 9. Comments by the Public 10. Comments by the Staff and Commission Members 11. Adjournment 10 N. DIVISION ST. P.O. BOX 1717 BATTLE CREEK MICHIGAN 49016-1717 PHONE (269) 966-3320 FAX (269) 966-3555 WWW.BATTLECREEKMI.GOV  2 of 58 CITY OF BATTLE CREEK PLANNING COMMISSION 10 North Division, Battle Creek, MI 49014 Minutes for Wednesday, April 26, 2023 MEETING CALLED TO ORDER: By Commissioner Godfrey at 4:00 p.m. ATTENDANCE: Commissioner Godfrey asked for attendance to be noted. Commission Members Present: Comm. Godfrey III, present Comm. Spranger, present Comm. Gray, present Comm. Morris present Comm. Newman, present Comm, O’Donnell, present Comm. Hughes, present Mayor Behnke, absent Comm. Fields, present Introduction of new Commissioner, Tamera Fields Commissioners Absent: None. 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, Ted Dearing, Assistant City Manager. APPROVAL OF MINUTES: March 22, 2023 MOTION MADE BY COMMISSIONER GRAY TO APPROVE THE MARCH 22, 2023 REVISED MEETING MINUTES WITH THE PREVIOUSLY NOTED CORRECTS. SECONDED BY COMMISSIONER NEWMAN. ROLL VOTE: Commissioner Gray asked everyone in favor to signify by saying “aye”: ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. CORRESPONDENCE: None. ADDITIONS/DELETIONS: The Election of Officer will be added to Old Business on the Agenda. PUBLIC HEARINGS/DELIBERATION A. SPECIAL USE PERMIT #S04-23: Petition from Dr. Tino Smith of Kingdom Builders Worldwide requesting a special land use permit to allow for a Religious Institution property located at 50 Spencer Street. Property is zoned “R-1B” Single-Family Residential District”. Pursuant to Section 1240.07(C), 1251.40, and 1281.05 of the City of Battle Creek Zoning Code. Parcel #8210-00-013-0. Commissioner Newman noted he has worked with the owner of these projects in the past and Council found no direct conflicts at that time. He stated he work with the owners on the architectural drawings and the interior layout for the projects under consideration this evening, but since the City Commission is considering the use, he 1  3 of 58 feels there is no conflict with him participating in the discussion and vote on the two agenda items for 50 Spencer Street. He wants to make sure the body does not have any issues, questions or concerns. There were no issues, question or concerns raised by the City Commission. Staff Presentation: Susan Cronander, Planning & Zoning Administrator, gave the staff report. Application requesting a special land use for a Religious Institution to occupy a portion of the first floor in an existing 64,458 sq. ft. building located at property located at 50 Spencer Street. Staff recommends that the Planning Commission recommend to the City Commission approval of Special Use Permit Petition S04-23. Commissioner Godfrey asked if the Petitioner was present to speak with the Commission. Dr. Tino Smith, the applicant, was present and spoke. Dr. Smith voiced a concern about the need to ask permission and to hold church services. MOTION MADE BY COMMISSIONER GRAY TO APPROVE SPECIAL USE PERMIT S04-23 WITH THE CONDITIONS AS OUTLINED BY STAFF IN THE REPORT AND THE TWO EDITIONAL THAT WERE RAISED BY THE REPORT JUST NOW. SECONDED BY COMMISSIONER MORRIS Commission Discussion: Mayor Behnke thanked Bishop Smith for bringing his worship to Battle Creek and 50 Spencer Street. Hope for growth and expansion. Commissioner Morris thanked Dr. Smith for all his hard work he is putting into the community. Commissioner Gray echoed pervious comments, appreciates all Dr. Smith and his congregation are doing to uplift that area and the community as a whole. ROLL VOTE: ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. B.) SPECIAL USE PERMIT #S05-23: Petition from Dr. Tino Smith with Kingdom Builders Worldwide requesting a special land use permit to allow for a Child Care Center for property located at 50 Spencer Street. Property is zoned “R-1B Single- Family Residential District” Pursuant to Section 1240.07(C) and 1281.05 of the City of Battle Creek Zoning Code. PARCEL #: 8210-00-013-0. Staff Presentation: Susan Cronander, Planning & Zoning Administrator, gave the staff report. Application for a special land use permit for a Child Care Center for the property located at 50 Spencer Street. Staff finds it meets all of the requirement for the zoning district and the standards applicable to the R-1B Single Family Neighborhood District. Staff recommends that the Planning Commission recommend to the City Commission approval of Special Use Permit Petition S05-23. Commissioner Godfrey asked if the petitioner was present to speak with the Commission. Dr. Tino Smith, the applicant, was present and spoke. Commissioner Godfrey asked about the number of children anticipated, hours of operation and pick up/drop off procedures. 2  4 of 58 Commissioner Gray agrees daycare/childcare is sorely needed and appreciates Dr. Smith bringing it to the community. COMMENTS BY COMMISSIONER: Mayor Behnke asked Dr. Smith for clarification on the number of students stated on the application. MOTION MADE BY COMMISSIONER MORRIS WITH THE CONDITIONS AND SECONDED BY COMMISSIONER NEWMAN. COMMISSIONER O’DONNELL wanted to thank Dr. Smith for bringing childcare and improvements and his for his time. ROLL VOTE: ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. OLD BUSINESS: A. Election of Officers Commissioner Godfrey stated he will not accept a nomination for Chair. Nominations for Election of Officers Open Commissioner Gray nominated herself for Chair. Commissioner Newman supported the nomination. No other nominations for Chair were brought forward. ROLL VOTE: ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. Commissioner Newman nominated himself for Vice Chair. Commissioner O’Donnell supported the nomination. No other nomination for Vice Chair were brought forward. ROLL VOTE: Commissioner Godfrey asked everyone in favor to signify by saying “aye”: ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. NEW BUSINESS: A. Annual Report Marcie Gillette, Community Services Director, gave an overview of the 2022 Annual Report and highlighted Staff and Boards and Commissions accomplishments of 2022. Commissioner Gray thanked staff for coming out and giving an overview for the Washington Heights Neighborhood Advisory Committee about the Historic District Commission and what they do. COMMENTS BY THE PUBLIC: Dr. Tino Smith inquired about the date when his petitions would be presented to the City Commission. 3  5 of 58 COMMENTS BY THE STAFF AND COMMISSION MEMBERS: ADJOURNMENT: 4:34 pm. 4  6 of 58 Battle Creek City Planning Commission Staff report for the May 24, 2023 meeting To: Planning Commissioners From: Travis Sullivan, Planner Subject: Petition S06-23, an application for special use approval of Parking as a Principal Use in a T-4 Downtown Commercial District on a vacant parcel located on W Van Buren Street, parcel # 0601-39-542-0, where Parking as a Principal Use can be allowed as a special use. Summary Petition from Pierre Roberson of AECOM Technical Services on behalf of Pastor Chris McCoy, New Level Sports ministries at 400 Michigan Ave. W, Battle Creek, Michigan 49037 requesting special use approval for a parking lot (Parking as a Principal Use) in a T-4 Downtown Commercial District located at the unaddressed Parcel #0601-39-542-0 as permitted by special use under the Planning and Zoning Code, Chapter 1240, Section 1240.14 Downtown Commercial District and Section 1281.05 Special Land Uses. Background/Property Information The subject site (Parcel #0601-39-542-0) is a total of 52,113.09 square feet (1.196 acres), and is currently vacant. The Applicant is proposing to utilize the portion of the vacant lot fronting on W Van Buren St. for the purpose of creating a parking lot to serve the adjacent Youth Village Childcare Center, as well as other uses and activities of the broader Youth Village as a whole. As a reminder, the Applicant recently received special use approval for the adjacent childcare center. Additionally, the City of Battle Creek has committed both American Rescue Plan (ARPA) and Community Block Grant funding to the larger Youth Village concept, of which both the childcare as well as the parking lot which is the subject of this application are a portion of. Per Section 1240.14, Parking as a Principal Use is a permitted special land use in the T-4 Downtown Commercial District. It is important to note that the applicant has recently completed a lot line adjustment, which has increased the size of the parcel upon which the childcare center will sit (Parcel #0601-37-492-0), while reducing the width of the portion of the subject parcel (Parcel #0601-39-542-0) which fronts along W Van Buren St. The resultant portion of Parcel #0601-39-542-0 which is the subject of this application now measures 70 feet in width by 132.55 feet in depth (see attached supporting documents). A visual display of the previous configuration, as well as an approximation of the current configuration of the parcels is depicted in Figures 1 and 2 below.  7 of 58 Petition No.S-06-23 Parcel # 0601-39-542-0 Page 2 of 9 Figure 1: Aerial view of the previous configuration of Parcel #0601-37-492-0 (outlined in red), and Parcel 0601- 39-542-0 (outlined in teal). Photo courtesy of City of Battle Creek, 2020.  8 of 58 Petition No.S-06-23 Parcel # 0601-39-542-0 Page 3 of 9 Figure 2: Approximate configuration of Parcel #0601-37-492-0, outlined in red, following the parcel line adjustment. The resultant parcel outlined in red will contain the entire Child Care Center use, while the remainder of the subject parcel (Parcel #0601-39-542-0) fronting on W Van Buren St. and outlined in teal is proposed to house a parking lot (Parking as a Principal Use). Photo courtesy of City of Battle Creek, 2020.  9 of 58 Petition No.S-06-23 Parcel # 0601-39-542-0 Page 4 of 9 Figure 3: Street view of the portion of Parcel #0601-39-542-0 proposed to house a new parking lot. Photo courtesy of Google Earth. SUBJECT NORTH SOUTH EAST WEST PROPERTY FUTURE Multi-Unit Traditional Multi-Unit Multi-Unit Multi-Unit LAND USE Residential Neighborhood Residential Residential Residential and Community Services across Champion St. ZONING T-4 Downtown R-3 Multiple- T-3 T-4 Downtown T-4 Downtown DISTRICT Commercial Family Neighborhood Commercial Commercial Residential Commercial across across W Van Champion St. Buren St. EXISTING Vacant Combination of Combination Commercial Combination of USE single and of commercial commercial use multiple-family and and vacant lots uses across recreational Champion St. uses across W Van Buren St. Figure 4: Surrounding land uses/zoning/existing uses.  10 of 58 Petition No.S-06-23 Parcel # 0601-39-542-0 Page 5 of 9 Figure 5: Zoning map of the subject parcel at (Parcel #0601-39-542-0) and the surrounding area. Blue star indicates the subject parcel and the location of the proposed parking lot on the site. Proposed Scope of Project The applicant is seeking special use approval for a new parking lot (Parking as a Principal Use) on a portion of the vacant Parcel #0601-39-542-0 which fronts onto W Van Buren St. The applicant is proposing 28 parking spaces (including 3 ADA spaces) and a total of 7,600 square feet of paved area. The proposed parking lot is intended for 24-hour use 7 days per week, as needed for the various uses associated with the Youth Village. Parking as a Principal Use is a permitted special land use within the T-4 Downtown Commercial District. Applicable Ordinance Provisions Planning and Zoning Ordinance Adopted December 2020: 1. Chapter 1240 Section 1240.02 Table of Permitted Uses, 1240.14 T-4 Downtown Commercial District C. Special Land Uses. As has been stated, Section 1240.14 permits “Parking as a Principal Use” within the T-4 Downtown Commercial District. The proposed parking lot will serve the Youth Village childcare center, located immediately adjacent to the west (410 W Van Buren St.), as well as various other uses associated with the Youth Village development. It is also important to note that while intended to help support the childcare center to the west, the two parcels, while under the same ownership, are entirely separate of one another. As such, the form-based development standards described in Section 1250.04 that would  11 of 58 Petition No.S-06-23 Parcel # 0601-39-542-0 Page 6 of 9 normally apply to commercial buildings within the T-4 zoning district do not apply, as standalone parking lots are not mentioned nor regulated by the aforementioned section. Public Hearing and Notice Requirements As required by the Zoning Enabling Act of 2006, as amended, a public hearing notice was published in the Battle Creek Enquirer on May 4, 2023 and notices of the public hearing were also sent by regular mail on Monday, May 3 2023 to all 14 owners and occupants of properties located within 300 feet of the subject parcel. To date, the Planning Department has not received any questions or comments relative to this request. Neighborhood Outreach The Youth Village as a more broad development, of which the proposed parking lot is a piece, has been studied for a number of years with input from members of the community. The goal is for the Youth Village to serve as a home for a growing mixed-use campus that serves as an important community anchor and a place to learn and practice skills related to athletics, education, art, industry, and personal growth. Additionally, the project has been identified by the City of Battle Creek as a priority redevelopment opportunity for which the funding has been provided through both ARPA and Community Block Grant dollars. Analysis and Recommendation As a special use, the Planning Commission is charged with reviewing each Special Use Permit request to determine any effects the proposed use would have on the Master Plan as well as on the character and development of the neighborhood. The ordinance and enabling legislation allow the Planning Commission and the City Commission to impose any conditions upon the request that would ensure the general objectives of the zoning ordinance are met and to preserve property values in the neighborhood. Staff has reviewed the application and finds that the proposed use meets all requirements of the T-4 Downtown Commercial District. Additionally, while residential uses do exist to the north across Champion St., it is important to remember that the portion of the subject property fronting on Champion St. is being reserved by the applicant for future use and is not a part of this proposal. The portion of the property which is the subject of this application is not immediately adjacent to any residential uses. The request shall be reviewed using the following standards listed in Section 1281.05 Basis for Determination (for Special Use Permits). Staff finds the request consistent with the general special use standards listed in 1281.04, as outlined herein: (a) The use will be harmonious with and in accordance with the general objectives of the Master Plan. The proposed use of a portion of this property as a parking lot in support of a mixed-use development including a child care center is harmonious and in accordance with a number of the Master Plan objectives and future land uses for the Multi-Unit Residential areas. The future land use category for the subject parcel is labelled “Multi-Unit Residential” which  12 of 58 Petition No.S-06-23 Parcel # 0601-39-542-0 Page 7 of 9 includes small amounts of commercial business and professional/medical offices providing convenient access to goods, services, healthcare and employment. The proposed development as a whole meets all of these stated goals, and further, provides needed services in a portion of City in which conveniently located child care services are not in large supply. The proposed child care center, in combination with the proposed mix of additional uses for this development, would serve as an economic driver in the neighborhood and meets numerous goals and stated objectives of the Master Plan, including Goal 1 (promoting investment in the city core), Goal 3 (promoting reinvestment in established neighborhoods), and Goal 7 (improve the overall appearance of the community and inspire pride in Battle Creek). The proposed parking provides necessary support for those served and employed by the adjacent childcare center, as well as other services and uses offered by the larger Youth Village development concept. (b) The use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the neighborhood. The proposed use will be harmonious and appropriate in appearance with the existing or intended character of the general vicinity. The immediate surrounding area consists primarily of commercial uses, with parking schemes varying from site to site. The location of the proposed parking lot places it in a prime location to serve the Youth Village childcare center immediately to the west, as well as the football field owned and operated by the Village to the south across W Van Buren St. Additionally, the applicant has expressed interest in utilizing the northern portion of the subject parcel (the portion fronting along Champion St.) for a yet to be determined use associated with the Youth Village development. The location of the proposed parking lot positions it well to help serve each of these uses. (c) The use will not be hazardous or disturbing to existing or future neighboring uses. The proposed development is not expected to produce any additional noise or traffic generation beyond that which would be associated with any other permitted commercial use of the property. Additionally, the proposed parking lot will provide off-street parking for multiple uses associated with the Youth Village development along a stretch of Van Buren St. which is not currently configured to allow for on-street parking. The proposed use also provides a central parking location for events associated with this portion of the Youth Village. Specifically, the centralization of parking in this area provides a potential location for a crosswalk across W Van Buren St., helping to connected the football field associated with the Youth Village and providing for safer pedestrian access to the field in an area where no centralized crosswalk currently exists. (d) The use will be a substantial improvement to property in the immediate vicinity and to the community as a whole. The use will be a substantial improvement to the property in the immediate vicinity and the community as a whole, as the applicant is attempting to provide needed parking for childcare center as well as the Youth Village development as a whole. The proposed parking lot would also result in a fresh, new parking area with commensurate landscaping on a currently vacant parcel. Finally, the proposed parking lot will help to create  13 of 58 Petition No.S-06-23 Parcel # 0601-39-542-0 Page 8 of 9 centralized pedestrian access to the football field across W Van Buren St., potentially improving safety in the area. (e) The use will be adequately served by essential public facilities and services, such as streets, highways, police and fire protection, drainage, refuse disposal and schools, or the persons or agencies responsible for the development shall be able to adequately provide such services. Traffic is not anticipated to significantly increase as a result of the proposed use, as the proposed parking lot is simply intended to serve existing and future uses associated with the Youth Village development. This portion of the City is currently served by both water and sewer, and no additional extension of utilities is required for the proposed use. Local police, fire protection and other emergency services are established within the City and can quickly reach the subject site. (f) The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. There will be no City expenses associated with the maintenance and improvements to the property beyond that which has already been committed to the Youth Village development through both ARPA and Community Block Grant funding. Therefore, the use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. (g) The use will not create activities, processes, materials, equipment or conditions of operation that will be detrimental to any person, property or the general welfare by reason of an excessive generation of traffic, noise, smoke, fumes, glare, vibrations or odors. There will be no activities, processes, materials, equipment or conditions of operation that will be detrimental to any person, property or the general welfare by reason of an excessive generation of traffic, noise, smoke, fumes, glare, vibrations or odors. (h) The use will be consistent with the intent and purpose of this Zoning Code. The use will be consistent with the intent and purpose of this Zoning Code in that the proposed parking lot will be subject to compliance with all relevant sections of the zoning ordinance. Therefore, as the request meets the general standards listed in Section 1281.05 as outlined above, planning staff recommends that the Planning Commission recommend to the City Commission approval of Special Use Permit Petition S06-23 that would allow for a new parking lot (Parking as a Principal Use) in a T-4 Downtown Commercial District located on a portion of the Parcel #0601- 39-542-0 which fronts on W Van Buren St. with the following conditions: 1. The approval of this request is directly tied to the proposed use and elements of the proposed use as provided for by the applicant in the application and the plot plan. Any  14 of 58 Petition No.S-06-23 Parcel # 0601-39-542-0 Page 9 of 9 changes contrary to that which is included on the application would require review and approval by the Planning Commission and City Commission. 2. All necessary approvals, and any required permits shall be obtained, and maintained if applicable, from the appropriate agencies, including but not limited to the State of Michigan, Department of Public Works, and Inspections Department prior to Certificate of Occupancy. 3. Pursuant to Chapter 1281.02 (A), no change in the use or occupancy of land or in the use or occupancy of an existing building shall be made, nor shall any new building be occupied for any purpose, until a certificate of occupancy has been issued by the Zoning Administrator or his or her agent. Such a certificate shall state that the new occupancy complies with Building and Zoning Codes. 4. Pursuant to Chapter 1281.05 (A.5), a special use permit shall be valid for a period established by the City Planning Commission or as long as the use is established and maintained in conformity with the plans submitted and approved. Special use permits shall expire after one year if the use is not under construction or operational. For good cause shown and upon written application, the City Commission may extend a special use permit for six months. The Planning Commission can add additional conditions to those listed above in the staff recommendation. The Planning Commission may also, upon deliberation, choose an alternative action from the following: A1: Postpone the project for specific reasons, with agreement from the applicant; A2. Articulate revised rationale of the general standards and/or conditions to recommend to the City Commission Approval OR Denial of the subject application. Attachments Application Proposed Site Plan Lot Line Adjustment Information 15 of 58 16 of 58 17 of 58  18 of 58 AECOM Technical Services (Pierre Roberson) 4219 Woodward Ave, Detroit MI, 48201 7343300927 pierre.roberson@aecom.com Chris McCoy, Executive Director, New Level Sports Ministries 400 Michigan Ave. West, Battle Creek, MI 49037 chris.mccoy@newlevelsports.org Parcel #0601-39-542-0 Parcel #0601-39-542-0 currently has no use No structure exists on Parcel #0601-39-542-0 Yes. This came before the Planning Commission for special use for the proposed building at this address. March 22, 2023  19 of 58 Parking Lot on 410 W. Van Buren. Parking There will be no employees on this parcel Parcel #0601-39-542-0. Employees will be located in adjacent parcel (captured in previous SLU application) There will be a parking lot with 28 spaces (includes 3 ADA). 7600SF total paved area. Long term. 24-7 parking available for various purposes ✓ ✓  20 of 58 ✓ ✓ ✓ ✓ 5/12/2023  AECOM 21 of 58 4219 Woodward Ave. Detroit, Michigan 48201 aecom.com February 24, 2023 City of Battle Creek Community Services – Planning and Zoning Division City Hall 10 N. Division St., STE 117 Battle Creek, MI 49014 RE: New Level Sports Ministries Childcare Center Special Land Use Permit To whom it may concern, New Level Sports Ministries authorizes AECOM Technical Services to submit a special land use permit for the work proposed at 410 W. Van Buren Street, Battle Creek, MI 49037. Approval Signature: Chris McCoy, Executive Director New Level Sports Ministries February 24, 2023 Date aecom.com NLSM Childcare Center, Battle Creek 1/1 22 of 58  COMM • •• • • • • •• • ••• ••• • • •• • ••••••••••••••••••••••• COMM COMM COMM COMM • •• • • • • •• • ••• ••• • • •• • ••••••••••••••••••••••• COMM • •• • • • • •• • ••• ••• • • •• • ••••••••••••••••••••••• • •• • • • • •• • • •• ••• • • •• • ••••••••••••••••••••••• 23 of 58 COMM COMM COMM COMM 24 of 58  MM COMM COMM COMM COMM COMM 25 of 58  COMM COMM COMM COMM 26 of 58  8" 1'-10" 10" 1'-4" 27 of 58  28 of 58 COMM COMM 29 of 58 30 of 58 31 of 58 32 of 58  W W W 5' BIKE TRAVEL TRAVEL BIKE 23.00' LANE LANE LANE LANE ST 8.00' 12 STUDENT DROP OFF / PICKUP ONLY SPACES 13 EMPLOYEE PARKING ONLY SPACES 10.00' NO. DATE BY DESCRIPTION SITE PLAN SUBMITTAL FOR PREPARED FOR: 607 SHELBY STREET, SUITE 300 1 12-06-2022 KCC SETBACKS DETROIT, MI 48226 NEW LEVEL SPORTS TEL: 313.961.9500 YOUTH VILLAGE FAX: 313.961.9509 MINISTRIES CHILDCARE CENTER PROJECT DATE: 12/06/2022 PROJECT NO: D1290015 410 W. VAN BUREN ST. DRAWN BY: KCC 33 of 58  34 of 58 EXHIBIT A WATER MAIN EASEMENT Clinton Township, Macomb County, Michigan CHAMPION ST. (50.5 FT. WIDE) S 69°15'14" E 330.03' N 20°37'30" E 129.79' Parcel ID: 0256-00-012-0 1.38 AC. S 20°49'42" W 262.34' S 69°04'57" E 131.83' N 69°04'57" W 65.91' S 20°44'51" W 131.57' N 20°40'00" E 131.58' Parcel ID: 0601-37-492-0 0.40 AC. N 69°05'16" W 131.64' N 69°05'16" W 131.64' WEST VAN BUREN ST. (66 FT. WIDE) EXISTING PARCELS SHEET: 1 OF 2 FOR: YOUTH VILLAGE JOB No.: D2970001 SCALE: 1 inch = 50 feet DATE: APRIL 14, 2023 237 NORTH MAIN STREET GRAPHIC SCALE ADRIAN, MI 49221 TEL: 517.263.4515 0 50 100 FAX: 517.263.4535 Kevin L. Pickford Drawn By Checked By Professional Surveyor KCC KP/DAR No. 4001046682  35 of 58 EXHIBIT A PARCEL LINE ADJUSTMENT, CITY OF BATTLE CREEK, MICHIGAN CHAMPION ST. (49.5 FT. WIDE) S 69°15'14" E 330.03' N 20°37'30" E 129.79' Parcel ID: 0256-00-012-0 1.19 AC. S 20°49'42" W 262.34' S 69°04'57" E 193.66' N 69°04'57" W 65.91' S 69°04'57" E 193.66' 62.83' N 20°40'00" E 131.58' S 20°49'42" W 131.57' Parcel ID: 0601-37-492-0 EXIST. PARCEL 0.59 AC. LINE SHIFT 62.64' N 69°05'16" W 193.28' N 69°05'16" W 70.00' WEST VAN BUREN ST. (66 FT. WIDE) PROPOSED PARCELS SHEET: 1 OF 2 FOR: YOUTH VILLAGE JOB No.: D2970001 SCALE: 1 inch = 50 feet DATE: APRIL 14, 2023 237 NORTH MAIN STREET GRAPHIC SCALE ADRIAN, MI 49221 TEL: 517.263.4515 0 50 100 FAX: 517.263.4535 Kevin L. Pickford Drawn By Checked By Professional Surveyor KCC KP/DAR No. 4001046682  36 of 58 To: City of Battle Creek Planning Commission From: Darcy Schmitt, Planning Supervisor Date: May 16, 2023 Re: Updated Planning Commission Bylaws The attached proposed amendments to the Planning Commission Bylaws are for your review and approval. Recommended amendments include:  Removal of all references to him/her and he/she to ungender the language  Add references to the sections of the State Statute and Zoning Code regulating the bylaws  Remove redundant language for the “Secretary” elected from among the members of the City Planning Commission  Rename the “Executive Secretary” to “Recording Secretary” and provide a revised description that reflects the current practice These changes do not change the content or requirements of the current Planning Commission Bylaws. 10 N. DIVISION ST. P.O. BOX 1717 BATTLE CREEK MICHIGAN 49016-1717 PHONE (269) 966-3320 FAX (269) 966-3555 WWW.BATTLECREEKMI.GOV  37 of 58 BY-LAWS OF THE CITY PLANNING COMMISSION OF THE CITY OF BATTLE CREEK Revised 5/24/2023 ARTICLE I POWERS AND DUTIES The powers and duties of the City Planning Commission of the City of Battle Creek are those set forth in Act 33 of the Public Acts of 2008, as amended, together with those powers and duties delegated to it by Section 1.55 of the 1975 Compiled ordinances of the City of Battle Creek as approved, adopted pursuant to and in accordance with Act 285 of the Public Acts of 1931, as continued and amended by Act 33 of the Public Acts of 2008. ARTICLE II MEMBERS Section 1. Membership. The Planning Commission shall consist of nine (9) members appointed by the Mayor, subject to the approval by a majority vote of the members of the City Commission elected and serving. Members may include the City Manager or a person designated by the City Manager, if any, the Mayor and one or more members of the City Commission, or any combination thereof, as ex officio members; however, not more than one- third of the members of the Planning Commission may be ex officio members. Except as provided in this subsection, an elected officer or employee of the local unit of government is not eligible to be a member of the Planning Commission. [MCL 125.3815 (1), (2) and (5).] Members of a Planning Commission shall be qualified electors of the local unit, except that one Planning Commission member may be an individual who is not a qualified elector of the City. [MCL 125.3815 (4)(c).] One member of the zoning board of appeals may be a member of the Planning Commission [MCL 125.3601 (4)]; however, that member shall not participate in a public hearing on or vote on the same matter that they voted on as a member of the other board/commission. However, the member may consider and vote on other unrelated matters involving the same property. [MCL 125.3601 (13)] Members of the Planning Commission shall serve without compensation. The term of each appointed member shall be three years or until his or hertheir successor takes office. The terms of ex officio members shall correspond to their respective official tenures. Section 2. Removal. The City Commission may remove a member of the Planning Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. Nonfeasance may include chronic absenteeism which shall apply when a member misses more than four (4) meetings during one year of his or htheirer term. Nonfeasance may also include abstaining from voting where either the City Attorney’s Office has issued an opinion (verbal or written), or there has been a majority vote of the remaining 1|Page Revised 5/24/2023  38 of 58 members of the Planning Commission as set out in below Art. V, §9(c), that no conflict of interest exists. [MCL 125.3815 (9). and Ord. 1280.02(c)] Section 3. Vacancies. Any vacancy occurring in the membership of the Planning Commission shall be filled for the remainder of the unexpired term in the same manner provided for original appointments as set out in above Article II, Section 1. ARTICLE III OFFICERS AND THEIR DUTIES Section 1. Selection. At the regularly scheduled meeting in January of each year, which shall be held on the fourth Wednesday of the month, the Planning Commission shall select from its membership a Chairperson, Vice-Chairperson and Secretary. All officers are eligible for re- election. [MCL 125.3817(1) and Ord. 1280.02(e)] Section 2. Tenure. The Chairperson, Vice-Chairperson, and Secretary shall take office immediately following their selection and shall hold office for a term of one year or until their successors are selected and assume office. [MCL 125.3817(1)] Section 3. Chairperson. The Chairperson shall be elected from among the appointed members of the City Planning Commission. An ex officio member of the planning commission is not eligible to serve as chairperson. [MCL 125.3817(1) and Ord. 1280.02(e)] He or sheThe Chairperson shall preside at all meetings and hearings of said Commission and shall have and perform the duties usually incident to the office of the Chairperson. He or sheThe Chairperson shall decide, subject to these by-laws, all questions of order and procedure, unless otherwise directed by a majority of said Commission in session at the time, and shall have the privilege of discussing all matters before said Commission and of voting thereon. Section 4. Vice-Chairperson. The Vice-Chairperson shall be elected from among the appointed members of the City Planning Commission, and shall act for the Chairperson in his or her absence. An ex officio member of the planning commission is not eligible to serve as vice- chairperson. Section 5. Secretary. The Secretary shall be elected from among the members of the City Planning Commission. [MCL 125.3817 (1).] Section 65. Other Duties. Other duties of the Chairperson, and Vice-Chairperson, and Secretary shall be such as the City Planning Commission shall from time to time prescribe by formal action. Section 76. Executive Recording Secretary. The Recording Secretary of the Planning Commission shall not be a member of said Commission, and shall have no voting privileges. A Planning Department staff member The Director of Planning shall serve as the Executive Recording Secretary to the Planning Commission. He or sheThe Recording Secretary shall keep a record of the resolutions, transactions, findings and determinations of said Commission, which 2|Page Revised 5/24/2023  39 of 58 record shall be a public record; shall prepare, under supervision of the Chairperson, the agenda for all regular and special meetings of said Commission; shall provide notice of all meetings of said Commission; and shall have and perform such other duties as are usually incident to the office of Recording Ssecretary. All communications, petitions and reports shall be addressed to the Planning Commission and delivered or mailed to the Executive Recording Secretary. The Executive Secretary of the Planning Commission shall not be a member of said Commission, and shall have no voting privileges. ARTICLE IV NOMINATION AND ELECTION OF OFFICERS Section 1. Term of Office. A candidate receiving a majority vote of the entire membership of said Commission shall be declared elected, and shall hold office for one (1) year, or until theirhis or her successor shall take office, with eligibility for re-election. Section 2. Vacancies. Vacancies in office shall be filled for the unexpired term by regular election procedure at the next regular meeting following such vacancy, or at a special meeting called for that purpose. ARTICLE V MEETINGS Section 1. Open Meetings Act. All meetings of the City Planning Commission shall conform to the requirements of Public Act 267 of 1967, as amended, that being the Open Meetings Act. Section 2. Number of Required Annual Meetings. The City Planning Commission shall hold not less than four (4) regular meetings each year. [MCL 125.3821 (1).] Section 3. Regular Meeting Date. Regular meetings of said Commission shall be held on the fourth Wednesday in each month, at 4:00 p.m., in Room 302 of the City Hall, or at a designated place duly noticed. The Commission may also, by majority vote, deviate from the fourth Wednesday of the month in order to accommodate observed holiday periods or traditional vacation periods when annually approving the meeting calendar dates. Section 4. Voting Requirements. A majority, or five (5) members of said Commission, shall be necessary to constitute a quorum, and must be present before business may be transacted. Provided, however, that an affirmative vote of at least six (6) members of the Commission shall be necessary for the adoption or amendment of the master plan. Section 5. Special meetings. Special meetings of the Commission shall be held at any time upon call of the Chairperson, and shall be called by the Chairpersonhim or her upon written 3|Page Revised 5/24/2023  40 of 58 request of at least three (3) members of said Commission. All special meetings shall conform to the requirements of the Open Meetings Act. (P.A. 267 of 1976, as amended.) Section 6. Notice. Written notice of the time, place and purpose of any special meeting shall be given to each member by the Recording Secretary, not less than forty-eight (48) hours in advance of such meeting. [MCL 125.3821 (1).] Section 7. Business Conducted Restricted. The business considered or transacted at any special meeting shall be restricted to that stated in the notice or call, unless by consent of at least five (5) members present at such meeting. Section 8. Majority for Voting Purposes. Except as herein otherwise provided, when a quorum is present, a majority vote shall be sufficient to pass any motion or resolution at any meeting of said Commission. Section 9. Conflict of Interest. A conflict of interest exists when a member of a public body has an economic, personal, or family connection to a matter before them which may prevent, or appear to prevent, an objective vote. The following shall apply in determining: whether a conflict of interest in fact exists; the obligations of a member with a conflict of interest, or a potential conflict of interest; and the consequences of failing to disclose a potential conflict, or abstaining from voting where there is no conflict of interest. (a) “Conflict of interest” shall be defined as a material financial interest, or where a member has a legal or fiduciary duty to another organization or entity, or personal relationship that may give the appearance of a conflict of interest in a matter presented for action. For purposes of this section, a “material financial interest” shall be defined as one in which the member will directly benefit in an amount exceeding $250.00, or receive a benefit exceeding a fair market value of $250.00 in a matter presented for action. [MCL 125.3815 (9).] (b) Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the Planning Commission. If a conflict of interest in fact exists, then the member is disqualified from discussion or voting on that matter in his or her capacity as a Commission member. (c) Even if the member does not disqualify himthemself or herself based upon a conflict of interest, the member may be disqualified from discussion or voting on that matter in theirhis or her capacity as a Commission member by a majority vote of the remaining members of the Planning Commission. (d) Failure of a member to disclose a potential conflict of interest as required by this subsection constitutes malfeasance in office. (e) Abstaining from voting where either the City Attorney’s Office has issued an opinion (verbal or written), or there has been a majority vote of the remaining members of the Planning Commission as set out in above subsection (c), that no conflict of interest exists, constitutes nonfeasance in office. 4|Page Revised 5/24/2023  41 of 58 Section 10. Robert’s Rules of Order Govern. Parliamentary practice at the meetings of said Commission shall be governed, where applicable, by Roberts Rules of Order, except where in conflict with the laws of the State of Michigan, the Charter or ordinances or the City of Battle Creek, or these by-laws. ARTICLE VI ORDER OF BUSINESS The order of business at all regular meetings of the City Planning Commission, as far as practicable, shall be as follows: 1. Call to order. 2. Roll call. 3. Correction and approval of minutes of previous meeting. 4. Correspondence. 5. Additions to the Agenda. 6. Public Hearings. 7. Old Business. 8. New Business. 9. Comments by the Public. 10. Comments by the Members. 11. Adjournment. This order of business may be changed at any time upon consent of a majority of members present. ARTICLE VII COMMISSION BUSINESS Section 1. Planning Commission Matters. The following matters shall be presented for consideration in a meeting of the City Planning Commission: (a) Preparation and adoption of a master plan for the physical development of the City, including any areas outside of its boundaries which, in said Commission’s judgment, bear relations to the planning of the City, or the adoption of any part or extension thereof, or amendment or addition thereto. Any resolution adopting or revising the master plan shall refer expressly to the maps and narrative and other matter intended by said Commission to form the whole or part of the plan, and the action taken shall be recorded on the map and plan and narrative matter by the identifying signature of the Executive Secretary Chairperson of said Commission. An attested copy of the plan or part thereof shall be certified to the City Commission and to the County Register of Deeds. (b) Petitions and staff proposals for changes in the Zoning Ordinance and for Special Use Permits. 5|Page Revised 5/24/2023  42 of 58 (c) Preliminary plans and reports for the physical development of the City, including the general location, character and extent of streets, viaducts, bridges, parks and open spaces, the general location of public buildings and other public property, the general location and extent of public utilities and terminals. (d) The removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any public way, grounds, open spaces, buildings, or properties. (e) The general character, extent and layout of the replanning and redevelopment of blighted districts and slum areas. (f) Land subdivision plans. (g) All planning reports and plans for publications. (h) All capital improvement programs for the City. (i) The annual written report to the City Commission concerning its operations and the status of planning activities, including recommendations regarding actions by the City Commission related to planning and development. [MCL 125.3817 and 125.3819(2). aAnd 125.3823(2)] (j) Such matters as the Executive Recording Secretary shall find advisable or essential to receive consideration by the Planning Commission. Section 2. Commission Business Not Limited By Section 1. Section One 1 of this Article shall in no way limit the business of the Commission. ARTICLE VIII EMPLOYEES The City Commission may appoint such employees as it may deem necessary for the Planning Commission’s work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of the law as govern other corresponding civil employees of the City of Battle Creek. The City Commission may also contract with City planners, engineers, architects, and other consultants for such services as it may require. The expenditures of said Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the City Commission, which shall provide the funds, equipment, and accommodations necessary for the Commission’s work. [MCL 125.3825 (1).] ARTICLE IX PUBLIC HEARINGS Section 1. Public Hearings; Notice. The Planning Commission shall hold a public hearing in the following instances: 6|Page Revised 5/24/2023  43 of 58 1. Adoption or amendment of the master plan or any part thereof. 2. Considerations of Special Use Permits. 3. Consideration of Zoning Code Amendments. Notice of the time and place of the hearing shall be given, according to Michigan statute. Section 2. Other Public Hearings. In addition to those public hearings required by law, the City Planning Commission may, in its discretion, hold public hearings when it deems such hearings to be in the best interest of the public. Section 3. Notice. Notice of such hearings shall be published in the official newspaper of the City, or in a newspaper of general circulation, at least fifteen (15) days prior to such hearing. Section 4. Presentations Before Planning Commission. Matters of business before the City Planning Commission shall be presented in summary by the Chairperson, or by a member of said Commission, as designated by the Chairperson. Any interested spokesperson may address the Commission, consistent with Robert’s Rules of Order. ARTICLE X AMENDMENTS These by-laws may be altered or amended by a two-thirds vote of the entire membership of the City Planning Commission, notice of hearing having been given in writing of the proposed alteration or amendment at a previous meeting of said Commission. 7|Page Revised 5/24/2023  44 of 58 BY-LAWS OF THE CITY PLANNING COMMISSION OF THE CITY OF BATTLE CREEK Revised 5/24/2023 ARTICLE I POWERS AND DUTIES The powers and duties of the City Planning Commission of the City of Battle Creek are those set forth in Act 33 of the Public Acts of 2008, as amended, together with those powers and duties delegated to it by Section 1.55 of the 1975 Compiled ordinances of the City of Battle Creek as approved, adopted pursuant to and in accordance with Act 285 of the Public Acts of 1931, as continued and amended by Act 33 of the Public Acts of 2008. ARTICLE II MEMBERS Section 1. Membership. The Planning Commission shall consist of nine (9) members appointed by the Mayor, subject to the approval by a majority vote of the members of the City Commission elected and serving. Members may include the City Manager or a person designated by the City Manager, if any, the Mayor and one or more members of the City Commission, or any combination thereof, as ex officio members; however, not more than one- third of the members of the Planning Commission may be ex officio members. Except as provided in this subsection, an elected officer or employee of the local unit of government is not eligible to be a member of the Planning Commission. [MCL 125.3815(1), (2) and (5)] Members of a Planning Commission shall be qualified electors of the local unit, except that one Planning Commission member may be an individual who is not a qualified elector of the City. [MCL 125.3815(4)(c)] One member of the zoning board of appeals may be a member of the Planning Commission [MCL 125.3601 (4)]; however, that member shall not participate in a public hearing on or vote on the same matter that they voted on as a member of the other board/commission. However, the member may consider and vote on other unrelated matters involving the same property. [MCL 125.3601(13)] Members of the Planning Commission shall serve without compensation. The term of each appointed member shall be three years or until their successor takes office. The terms of ex officio members shall correspond to their respective official tenures. Section 2. Removal. The City Commission may remove a member of the Planning Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. Nonfeasance may include chronic absenteeism which shall apply when a member misses more than four (4) meetings during one year of their term. Nonfeasance may also include abstaining from voting where either the City Attorney’s Office has issued an opinion (verbal or written), or there has been a majority vote of the remaining members of the Planning 1|Page Revised 5/24/2023  45 of 58 Commission as set out in below Art. V, §9(c), that no conflict of interest exists. [MCL 125.3815(9) and Ord. 1280.02(c)] Section 3. Vacancies. Any vacancy occurring in the membership of the Planning Commission shall be filled for the remainder of the unexpired term in the same manner provided for original appointments as set out in above Article II, Section 1. ARTICLE III OFFICERS AND THEIR DUTIES Section 1. Selection. At the regularly scheduled meeting in January of each year, which shall be held on the fourth Wednesday of the month, the Planning Commission shall select from its membership a Chairperson, Vice-Chairperson and Secretary. All officers are eligible for re- election. [MCL 125.3817(1) and Ord. 1280.02(e)] Section 2. Tenure. The Chairperson, Vice-Chairperson, and Secretary shall take office immediately following their selection and shall hold office for a term of one year or until their successors are selected and assume office. [MCL 125.3817(1)] Section 3. Chairperson. The Chairperson shall be elected from among the appointed members of the City Planning Commission. An ex officio member of the planning commission is not eligible to serve as chairperson. [MCL 125.3817(1) and Ord. 1280.02(e)] The Chairperson shall preside at all meetings and hearings of said Commission and shall have and perform the duties usually incident to the office of the Chairperson. The Chairperson shall decide, subject to these by-laws, all questions of order and procedure, unless otherwise directed by a majority of said Commission in session at the time, and shall have the privilege of discussing all matters before said Commission and of voting thereon. Section 4. Vice-Chairperson. The Vice-Chairperson shall be elected from among the appointed members of the City Planning Commission, and shall act for the Chairperson in his or her absence. An ex officio member of the planning commission is not eligible to serve as vice- chairperson. Section 5. Other Duties. Other duties of the Chairperson and Vice-Chairperson shall be such as the City Planning Commission shall from time to time prescribe by formal action. Section 6. Recording Secretary. The Recording Secretary of the Planning Commission shall not be a member of said Commission, and shall have no voting privileges. A Planning Department staff member shall serve as the Recording Secretary to the Planning Commission. The Recording Secretary shall keep a record of the resolutions, transactions, findings and determinations of said Commission, which record shall be a public record; shall prepare, under supervision of the Chairperson, the agenda for all regular and special meetings of said Commission; shall provide notice of all meetings of said Commission; and shall have and perform such other duties as are usually incident to the office of Recording Secretary. 2|Page Revised 5/24/2023  46 of 58 All communications, petitions and reports shall be addressed to the Planning Commission and delivered or mailed to the Recording Secretary. ARTICLE IV NOMINATION AND ELECTION OF OFFICERS Section 1. Term of Office. A candidate receiving a majority vote of the entire membership of said Commission shall be declared elected, and shall hold office for one (1) year, or until their successor shall take office, with eligibility for re-election. Section 2. Vacancies. Vacancies in office shall be filled for the unexpired term by regular election procedure at the next regular meeting following such vacancy, or at a special meeting called for that purpose. ARTICLE V MEETINGS Section 1. Open Meetings Act. All meetings of the City Planning Commission shall conform to the requirements of Public Act 267 of 1967, as amended, that being the Open Meetings Act. Section 2. Number of Required Annual Meetings. The City Planning Commission shall hold not less than four (4) regular meetings each year. [MCL 125.3821(1)] Section 3. Regular Meeting Date. Regular meetings of said Commission shall be held on the fourth Wednesday in each month, at 4:00 p.m., in Room 302 of the City Hall, or at a designated place duly noticed. The Commission may also, by majority vote, deviate from the fourth Wednesday of the month in order to accommodate observed holiday periods or traditional vacation periods when annually approving the meeting calendar dates. Section 4. Voting Requirements. A majority, or five (5) members of said Commission, shall be necessary to constitute a quorum, and must be present before business may be transacted. Provided, however, that an affirmative vote of at least six (6) members of the Commission shall be necessary for the adoption or amendment of the master plan. Section 5. Special meetings. Special meetings of the Commission shall be held at any time upon call of the Chairperson, and shall be called by the Chairperson upon written request of at least three (3) members of said Commission. All special meetings shall conform to the requirements of the Open Meetings Act. (P.A. 267 of 1976, as amended.) Section 6. Notice. Written notice of the time, place and purpose of any special meeting shall be given to each member by the Recording Secretary, not less than forty-eight (48) hours in advance of such meeting. [MCL 125.3821(1)] 3|Page Revised 5/24/2023  47 of 58 Section 7. Business Conducted Restricted. The business considered or transacted at any special meeting shall be restricted to that stated in the notice or call, unless by consent of at least five (5) members present at such meeting. Section 8. Majority for Voting Purposes. Except as herein otherwise provided, when a quorum is present, a majority vote shall be sufficient to pass any motion or resolution at any meeting of said Commission. Section 9. Conflict of Interest. A conflict of interest exists when a member of a public body has an economic, personal, or family connection to a matter before them, which may prevent, or appear to prevent, an objective vote. The following shall apply in determining whether a conflict of interest in fact exists; the obligations of a member with a conflict of interest, or a potential conflict of interest; and the consequences of failing to disclose a potential conflict, or abstaining from voting where there is no conflict of interest. (a) “Conflict of interest” shall be defined as a material financial interest, or where a member has a legal or fiduciary duty to another organization or entity, or personal relationship that may give the appearance of a conflict of interest in a matter presented for action. For purposes of this section, a “material financial interest” shall be defined as one in which the member will directly benefit in an amount exceeding $250.00, or receive a benefit exceeding a fair market value of $250.00 in a matter presented for action. [MCL 125.3815(9)] (b) Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the Planning Commission. If a conflict of interest in fact exists, then the member is disqualified from discussion or voting on that matter in his or her capacity as a Commission member. (c) Even if the member does not disqualify them self based upon a conflict of interest, the member may be disqualified from discussion or voting on that matter in their capacity as a Commission member by a majority vote of the remaining members of the Planning Commission. (d) Failure of a member to disclose a potential conflict of interest as required by this subsection constitutes malfeasance in office. (e) Abstaining from voting where either the City Attorney’s Office has issued an opinion (verbal or written), or there has been a majority vote of the remaining members of the Planning Commission as set out in above subsection (c), that no conflict of interest exists, constitutes nonfeasance in office. Section 10. Robert’s Rules of Order Govern. Parliamentary practice at the meetings of said Commission shall be governed, where applicable, by Roberts Rules of Order, except where in conflict with the laws of the State of Michigan, the Charter or ordinances or the City of Battle Creek, or these by-laws. 4|Page Revised 5/24/2023  48 of 58 ARTICLE VI ORDER OF BUSINESS The order of business at all regular meetings of the City Planning Commission, as far as practicable, shall be as follows: 1. Call to order. 2. Roll call. 3. Correction and approval of minutes of previous meeting. 4. Correspondence. 5. Additions to the Agenda. 6. Public Hearings. 7. Old Business. 8. New Business. 9. Comments by the Public. 10. Comments by the Members. 11. Adjournment. This order of business may be changed at any time upon consent of a majority of members present. ARTICLE VII COMMISSION BUSINESS Section 1. Planning Commission Matters. The following matters shall be presented for consideration in a meeting of the City Planning Commission: (a) Preparation and adoption of a master plan for the physical development of the City, including any areas outside of its boundaries which, in said Commission’s judgment, bear relations to the planning of the City, or the adoption of any part or extension thereof, or amendment or addition thereto. Any resolution adopting or revising the master plan shall refer expressly to the maps and narrative and other matter intended by said Commission to form the whole or part of the plan and the action taken shall be recorded on the map and plan and narrative matter by the identifying signature of the Chairperson of said Commission. An attested copy of the plan or part thereof shall be certified to the City Commission and to the County Register of Deeds. (b) Petitions and staff proposals for changes in the Zoning Ordinance and for Special Use Permits. (c) Preliminary plans and reports for the physical development of the City, including the general location, character and extent of streets, viaducts, bridges, parks and open spaces, the general location of public buildings and other public property, the general location and extent of public utilities and terminals. 5|Page Revised 5/24/2023  49 of 58 (d) The removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any public way, grounds, open spaces, buildings, or properties. (e) The general character, extent and layout of the replanning and redevelopment of blighted districts and slum areas. (f) Land subdivision plans. (g) All planning reports and plans for publications. (h) All capital improvement programs for the City. (i) The annual written report to the City Commission concerning its operations and the status of planning activities, including recommendations regarding actions by the City Commission related to planning and development. [MCL 125.3819(2) and 125.3823(2)] (j) Such matters as the Recording Secretary shall find advisable or essential to receive consideration by the Planning Commission. Section 2. Commission Business Not Limited By Section 1. Section 1 of this Article shall in no way limit the business of the Commission. ARTICLE VIII EMPLOYEES The City Commission may appoint such employees as it may deem necessary for the Planning Commission’s work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of the law as govern other corresponding civil employees of the City of Battle Creek. The City Commission may also contract with City planners, engineers, architects, and other consultants for such services as it may require. The expenditures of said Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the City Commission, which shall provide the funds, equipment, and accommodations necessary for the Commission’s work. [MCL 125.3825 (1)] ARTICLE IX PUBLIC HEARINGS Section 1. Public Hearings; Notice. The Planning Commission shall hold a public hearing in the following instances: 1. Adoption or amendment of the master plan or any part thereof. 2. Considerations of Special Use Permits. 3. Consideration of Zoning Code Amendments. 6|Page Revised 5/24/2023  50 of 58 Notice of the time and place of the hearing shall be given, according to Michigan statute. Section 2. Other Public Hearings. In addition to those public hearings required by law, the City Planning Commission may, in its discretion, hold public hearings when it deems such hearings to be in the best interest of the public. Section 3. Notice. Notice of such hearings shall be published in the official newspaper of the City, or in a newspaper of general circulation, at least fifteen (15) days prior to such hearing. Section 4. Presentations Before Planning Commission. Matters of business before the City Planning Commission shall be presented in summary by the Chairperson, or by a member of said Commission, as designated by the Chairperson. Any interested spokesperson may address the Commission, consistent with Robert’s Rules of Order. ARTICLE X AMENDMENTS These by-laws may be altered or amended by a two-thirds vote of the entire membership of the City Planning Commission, notice of hearing having been given in writing of the proposed alteration or amendment at a previous meeting of said Commission. 7|Page Revised 5/24/2023