Planning Commission

1 of 19 AGENDA PLANNING COMMISSION MEETING Date: Wednesday, July 24, 2024 Time: 4:00 P.M. Where: Room 301, City Hall 1. Call to Order 2. Attendance 3. Approval of Minutes: June 26, 2024 4. Correspondence 5. Additions or Deletions to the Agenda 6. Public Hearings/Deliberations: A. SPECIAL USE PERMIT #PSUP 24-0001: Petition from Ethan VanderWeele, requesting a Special Use Permit for property located at 14005 S. Helmer Road for a Farmers Market. The property is zoned “AG, Agricultural District”. Pursuant to Sec. 1240.04, 1251.15 and 1281.05 of the zoning code. Parcel # 0071-00-890-0. 7. Old Business: 8. New Business: 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 19 CITY OF BATTLE CREEK PLANNING COMMISSION 10 North Division, Battle Creek, MI 49014 Minutes for June 26, 2024 MEETING CALLED TO ORDER: By Commissioner Hughes at 4:02 p.m. ATTENDANCE: Roll call was taken. Comm. Hughes, present Comm. Denison, present Comm. Godfrey III, present Comm. Moton, present Comm, O’Donnell, present Comm. White, present Comm, Gray, present Mayor Behnke, present Comm. Morris, present Staff Present: Melody Carlsen, Administrative Assistant, Marcel Stoetzel, Deputy City Attorney, Darcy Schmitt, Planning Supervisor, CJ Sivak-Schwennesen, Planner. APPROVAL OF MINUTES: May 22, 2024 MOTION MADE BY COMMISSIONER MORRIS TO APPROVE THE MAY 22, 2024 MEETING MINUTES WITH THE CORRECTION NOTED. SECONDED BY MAYOR BEHNKE . ROLL VOTE: Commissioner Hughes asked everyone in favor to signify by saying “aye”. ALL IN FAVOR, MOTION APPROVED. CORRESPONDENCE: None. ADDITIONS/DELETIONS: None. PUBLIC HEARINGS/DELIBERATIONS: TEXT AMENDMENT #R1-24 - Request from the City of Battle Creek to consider amendments to Sections 1240 and 1263 of the City of Battle Creek zoning code pursuant to Section 1281.01. Section 1240 amendments add language to residential districts R-1A, R-1B, R-2, R-3, and MFR to clarify that an accessory dwelling is only allowed as an attached unit to a single-family residential unit and to correct and clarify that an accessory dwelling unit in zoning districts T-3, T-4, and T5 is allowed as an attached or detached unit to a single-family residential unit. Section 1240 also amends the G and R-1R Districts under Special Land Uses to remove “Agri-Tourism”. Section 1263 removes language in the sign code. Staff Presentation: CJ Sivak-Schwennesen gave the staff report for #R1-24 Text Amendment changes. Public Comment: None. Commissioner Questions: None. 1  3 of 19 MOTION MADE BY COMMISSIONER GODFREY TO APPROVE THE PRESENTED AMENDMENT CHANGES TO AGRI-TOURISM IN CHAPTER 1240 OF THE CITY OF BATTLE CREEK ZONING CODE. SECONDED BY COMMISSIONER MORRIS. ROLL VOTE: ALL IN FAVOR, MOTION APPROVED. MOTION MADE BY COMMISSIONER GODFREY TO APPROVE THE PRESENTED LANGUAGE TO CLARIFY THE SIZE AND PLACEMENT OF ACCESSORY DWELLING UNITS ACROSS THE DISTRICTS IN WHICH THEY ARE ALLOWED AS PART OF CHAPTER 1240 OF THE CITY OF BATTLE CREEK ZONING CODE PURSUANT TO SECTION 1281.01. SECONDED BY COMMISSIONER GRAY. ROLL VOTE: ALL IN FAVOR, MOTION APPROVED. MOTION MADE BY COMMISSIONER GODFREY TO APPROVE REVISIONS TO CHAPTER 1263 SIGN ORDINANCE TO REMOVE THE MAXIMUM HEIGHT REQUIREMENT FOR WALL SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS AS PRESENTED BY STAFF PURSUANT TO SECTION 1281.01 OF THE CITY OF BATTLE CREEK ZONING CODE. SECONDED BY MAYOR BEHNKE. ROLL VOTE: ALL IN FAVOR, MOTION APPROVED. MOTION MADE BY COMMISSINER GODFREY TO APPROVE REVISIONS TO CHAPTER 1263 SIGN ORDINANCE TO CHANGE THE MAXIMUM AREA REQUIRED TO REGULATE LARGER SIGNS OR PROJECTS AS PRESENTED BY CITY STAFF OF SECTION 1281.01 OF THE CITY OF BATTLE CREEK ZONING CODE. SECONDED BY COMMISSIONER MOTON. ROLL VOTE: ALL IN FAVOR, MOTION APPROVED. OLD BUSINESS: None. NEW BUSINESS: None COMMENTS FROM THE PUBLIC: None. COMMENTS FROM COMMISSION MEMBERS AND STAFF: Commissioner Godfrey thanked Staff for the work they have put into the Amendment changes, asked about locations of proposed restaurants and new coffee shops coming to Battle Creek. Mayor Behnke asked Staff for an update on the Olive Garden restaurant coming to Battle Creek, if building permits were submitted and paid for. Also, asked Staff if there were any other new restaurants coming to Battle Creek. ADJOURNMENT: Commissioner Hughes adjourned the meeting at 4:17pm. Submitted by: Melody Carlsen, Administrative Assistant, Planning & Zoning. 2  4 of 19 Battle Creek City Planning Commission Staff report for the July 24, 2024 meeting To: Planning Commissioners From: CJ Sivak-Schwennesen, Planner Date: July 15, 2024 Subject: Petition PSUP24-0001, Special Use Permit for the construction of a pavilion and parking area for a seasonal farmers market to sell flowers from May 1 to June 15 yearly at 14005 S Helmer Rd. Summary A petition from Ethan VanderWeele requesting a Special Use Permit to use Parcel #0078-00-020-0 as a seasonal Farmers Market that hosts a flower sale annually from May 1 to June 15. This would be the primary use of the parcel. The proposal has been reviewed in accordance with City of Battle Creek Section 1281.05 “Special Land Uses” pursuant to State of Michigan MCL Act 110 of 2006 Section 125.3502 to determine consistency with the City of Battle Creek Master Plan and Zoning Code, effects to public services, and impacts on the neighborhood. It is staff’s recommendation that the Special Use Permit for a seasonal flower market be approved. Background/Property Information The subject site is located at Parcel #0078-00-020-0, which is currently unaddressed. It is owned by the applicant, Ethan VanderWeele. The parcel is located on S Helmer Rd south of the intersection with Potters Dr. The property is zoned AG Agricultural District, which allows Farmers Markets with an approved special use permit. The subject site currently has no buildings or other structures. An aerial view of the subject site and surrounding properties is given in Figure 1. A view of the property from street level is given in Figure 2.  5 of 19 Petition No. PSUP24-0001 Parcel #0078-00-020-0 S Helmer Rd Page 2 of 8 Figure 1. Subject site shown in teal outline is located at Parcel #0078-00-020-0. Site is located on S Helmer Rd, south of Potters Dr. Photo courtesy of City of Battle Creek Parcel Map, USGS, 2020. Figure 2. Street view of subject site from S Helmer Rd. Photo courtesy of Google Maps, September 2019.  6 of 19 Petition No. PSUP24-0001 Parcel #0078-00-020-0 S Helmer Rd Page 3 of 8 Surrounding Land Use / Zoning / Existing Uses SUBJECT NORTH SOUTH EAST WEST PROPERTY FUTURE Agricultural & Suburban Agricultural & Suburban Agricultural & LAND USE Rural Residential Residential Rural Residential Rural Residential Residential ZONING AG – R1-A – Single AG – R1-A – Single AG – DISTRICT Agricultural Family Agricultural Family Agricultural District Residential District Residential District District District EXISTING Vacant/Vegetable Residential Vacant Residential Vacant USE Field Project Description The applicant has filed a Special Use Permit application to use the subject property as a Farmers Market. The applicant plans to erect a pavilion on the site, as well as construct a crushed asphalt parking area to support the market. The applicant has provided a proposed site plan and the proposed design of the pavilion. Given the current application materials, the applicant will need to apply for both an Accessory Structure Permit and a Commercial Paving Permit in addition to the subject Special Use Permit and Site Plan Review prior to construction beginning. The property is currently vacant. The property has been owned by the applicant since December 2020. The current owner and applicant intends to use the property to host an annual flower sale put on by the applicant. The sale would run from May 1 to June 15 yearly, Monday through Friday 10am to 6pm, Saturday 9am to 6pm, and Sunday 12pm to 4pm. During the sale, two employees will be present on the site. Outside of the above times, there is not expected to be activity on the property nor employees present. Should the proposed Special Use Permit application be approved, the proposed use and structures are not outside of what can be expected in an area with mixed low-density single-family residential and agricultural uses. Applicable Ordinance Provisions Through Section 1281.05 “Special Land Uses”, the City of Battle Creek establishes procedures to review unique development by requiring those uses to be reviewed through a Special Use Permit by the Planning Commission and City Commission. Approval of such permit is based upon meeting specific criteria, including consistency with the City’s Master Plan and Zoning Code. These two documents are discussed below. Master Plan, City of Battle Creek The Michigan Planning Enabling Act (MCL 125.3881-3851) authorizes local governments to adopt a Master Plan to address physical development within its jurisdiction. The 2018 City of Battle Creek Master Plan serves as the City’s official policy guide for land use and development over the next 10-20 years. It details a long-term vision and policy agenda for critical issues like land use, housing, parks,  7 of 19 Petition No. PSUP24-0001 Parcel #0078-00-020-0 S Helmer Rd Page 4 of 8 infrastructure, transportation, and more. To address those issues, the Plan sets forth goals and land use classifications to facilitate what Battle Creek should look like in the future. The Master Plan’s land use classification of the subject site is “Agricultural and Rural Residential”, which encourages the preservation of open spaces and natural landscapes, as well as houses farms, plant nurseries, and other agricultural uses. The Master Plan also lists short- and long-term goals to address issues and improve various community elements. The following goals are applicable to the subject proposal. Goal 1: Promote investment in the city core while limiting unnecessary and premature outward growth. Goal 7: Improve the overall appearance of the community and inspire pride in Battle Creek. The proposed special use permit proposes a low-intensity, seasonal use for a property that aligns with the current and future use of the land. It has minimal effect on the landscape and will help reinforce the area’s character as rural and agricultural. Similarly, this use gives residents and businesses an opportunity to purchase flowers that can then be planted as part of gardens and beautification efforts at an individual level. In addition, the proposed market use, if successful, may become a point of pride for residents who visit the market and attract positive attention to the city. Zoning Code, City of Battle Creek Through the State of Michigan MCL Act 110 of 2006 Section 125.3502, local units of government may establish special land uses and associated permitting procedure and process to facilitate unique development that ensure consistency with the local Master Plan and zoning ordinance, and preserves neighborhood harmony. Further, conditions may be added to a project to ensure such consistencies and preservation. As stated earlier, Section 1281.05 “Special Land Uses” establishes procedures for review of unique development, and approval of such development is based upon meeting specific criteria. Under Section 1230.02, the general purpose of the Zoning Code is to establish regulatory land use standards in accordance with objectives of the City’s Master Plan; to promote the safety, health, and general welfare of community; preserve neighborhood harmony and property values; etc. Further, the Zoning Code designates zoning districts which generally establish the location, size, and use of buildings; provides maximum densities per acre of land; and generally, sets forth standards for new roads, utilities, and other infrastructure for new development. The subject site is currently zoned AG Agricultural District. This zoning classification allows for Farmers Markets as a special use. Additionally, Section 1251.15 states that if the farmers market will be seasonal, it will require special land use approval. This permit application satisfies that requirement. Staff finds that the plans for the proposed development generally comply with these stated standards. Public Hearing and Notice Requirements As required by the Zoning Enabling Act of 2006, as amended, a public hearing notice was published in the Shopper on July 4, 2024 and notices of the public hearing were sent by regular mail to owners and occupants of properties located within 300 feet of the subject parcel.  8 of 19 Petition No. PSUP24-0001 Parcel #0078-00-020-0 S Helmer Rd Page 5 of 8 As of July 17, 2024, there has been no correspondence regarding this proposal. Neighborhood Outreach This property is located in NPC 9: Rural Southwest. NPC 9 is not currently indicated as active and has no proposed meetings as of July 17, 2024. Analysis The proposed Special Use Permit would result in the subject property being used seasonally as a Farmers Market. As has been discussed, the proposed use would assist the City in meeting Goals 1 and 7 of the adopted 2018 Master Plan and aligns with the property’s future land use category of Agricultural and Rural Residential. As the use is seasonal and does not require any additional utilities to function, staff does not anticipate increased demand on utilities. Since there will be a use being implemented on a currently vacant lot, an increase in traffic during seasonal operating hours is expected. Section 1281.05 (C) Special Use Permit; Decision on Application; Basis For Determination 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 and impacts to 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. The request shall be reviewed using the following standards listed in Section 1281.05 (C)(2) Basis for Determination (for Special Use Permits): (a) The use will be harmonious with and in accordance with the general objectives of the Master Plan. The proposed permit involves the approval of the use of a seasonal Farmers Market with the construction of a pavilion (Accessory Structure) and a parking area. This project provides an asset to the City through the sale of flowers during May and June while limiting development on the parcel, supporting Goals #1 and 7 of the adopted 2018 Master Plan. Further, the proposed project complies with the Agricultural and Rural Residential land use category and does not interfere with the adjacent Suburban Residential land use category. There is an expected increase in traffic to the site during seasonal operating hours, as there will be a use where there is not currently one. For all other utilities, there is no expected increase or impact on existing service levels. Staff finds that the proposed project is harmonious with the objectives of the Master Plan. (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 pavilion and crushed asphalt parking area are designed to be compatible and harmonious with an agricultural/rural character and use. They will not change the essential character of the  9 of 19 Petition No. PSUP24-0001 Parcel #0078-00-020-0 S Helmer Rd Page 6 of 8 surrounding area due to their addition to the subject site. It is expected that the site is maintained in a way that will be appropriate for the use and complies with the relevant sections of the Zoning Ordinance. (c) The use will not be hazardous or disturbing to existing or future neighboring uses. The proposed use does intensify the current use of the property, as it is currently vacant. As previously discussed, traffic to the site during seasonal operating hours is the only expected possible disturbance to existing and future neighbors. However, the relatively small development and hours of operation being standard for commercial operations causes staff to determine that the use will not be excessively disturbing nor cause a nuisance for existing or future neighboring uses. No part of the proposed use is considered hazardous. (d) The use will be a substantial improvement to the property in the immediate vicinity and to the community as a whole. The proposed use will be a substantial improvement to the property in the immediate vicinity and to the community as a whole, as it serves to provide fresh flowers to the community that can be used for beautification. It is an appropriate use for the property and may become an attraction for local and regional consumers with an interest in greenery and farmers markets. This draw may have other commercial benefit for the City. (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. The existing use is adequately served by City water and sewer utilities in the area. There is not expected to be increased traffic demand from the proposal that cannot be accommodated by the existing street network. 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. The proposed use is not expected to result in high demands on City utilities, infrastructure (i.e., water, sewer, stormwater, and streets), or services. Therefore, the project 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.  10 of 19 Petition No. PSUP24-0001 Parcel #0078-00-020-0 S Helmer Rd Page 7 of 8 (h) The use will be consistent with the intent and purpose of this Zoning Code. The project will not result in negatively impacting the general character of the area; not result in high demands on public services, infrastructure, or utilities; and not result in noxious elements such as noise, odors, or dust levels. Section 1281.05(D) Conditions. Pursuant to Section 1281.05(D)(1), conditions may be placed on a special land use to generally ensure public facilities are not negatively impacted, natural environments are protected, promote the use of land in a socially/economically desirable manner, and is related to the valid exercise of the police powers. Conditions imposed shall meet all the following requirements: a) Be designed to protect the natural resources, the health, safety, and welfare, as well as the social and economic wellbeing, of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole. Staff’s recommended conditions detailed within the recommendation section are intended to protect the health, safety, and welfare of those who will use the subject property and the overall community as a whole. b) Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity. The recommended conditions are a valid exercise of the police power and purposes of the City of Battle Creek authority to approve and enforce land use development standards. c) Be necessary to meet the intent and purpose of the zoning requirements, be related to the standards established in this zoning ordinance for the land use or activity under consideration, and be necessary to ensure compliance with those standards. The intent and purpose of the zoning code and zoning districts are provided earlier in the subject memorandum. Staff’s recommended conditions will ensure the project meets the standards of a typical special use request. Recommendation Staff has reviewed the application and finds that it meets the requirements for approval, with recommended conditions as follows: 1. All necessary approvals, including site plan review and any required permits shall be obtained if required by ordinance, 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 issuance of a Certificate of Occupancy. 2. Pursuant to Section 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 Chief Building  11 of 19 Petition No. PSUP24-0001 Parcel #0078-00-020-0 S Helmer Rd Page 8 of 8 Official or their designee or agent. Such a certificate shall state that the new occupancy complies with all provisions of the Zoning Code. 3. Pursuant to Section 1281.05(5), certificates of occupancy for special uses 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. Therefore, with the aforementioned conditions, staff recommends approval of Petition #PSUP24- 0001, a special use permit for the proposed use of a seasonal Farmers Market for Parcel #0078- 00-020-0, S Helmer Rd. Attachments The following information is attached and made part of this Staff report: • Special Use Permit Application Form (Petition #PSUP24-0001) 12 of 19 13 of 19 14 of 19 15 of 19 16 of 19 17 of 19 18 of 19 19 of 19