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Planning Commission

Regular Meeting

Battle Creek, MI · December 18, 2024

AgendaMinutes

Minutes

CITY OF BATTLE CREEK PLANNING COMMISSION 10 North Division, Battle Creek, MI 49014 Minutes for December 18, 2024 MEETING CALLED TO ORDER: By Commissioner Hughes at 4:01 p.m. ATTENDANCE: Roll call was taken. Comm. Hughes, present Comm. Denison, present Comm. Godfrey III, absent Comm. Moton, absent Comm, O’Donnell, absent Comm. White, absent Comm, Gray, present Mayor Behnke, present Comm. Morris, present Staff Present: Melody Carlsen, Administrative Assistant, Travis Sullivan, Planning Administrator, Darcy Schmitt, Planning Supervisor, Marcel Stoetzel, Deputy City Attorney. APPROVAL OF MINUTES: September 24, 2024 MOTION MADE BY MAYOR BEHNKE TO APPROVE THE SEPTEMBER 25, 2024 MEETING MINUTES. SECONDED BY COMMISSIONER MORRIS. ROLL VOTE: Commissioner Hughes 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. SPECIAL USE PERMIT #PSUP24-0004: Petition from MCIJB Investments, LLC requesting a Special Use Permit for property located at 492 Capital Ave SW. The request is for an Adult Use Marihuana Retail Facility. The property is zoned T-3 “Neighborhood Commercial District. Pursuant to Sections 1240.13, 1251.24, 1251.25 and 1281.05 of the zoning ordinance. Parcel #7260-00-006-0. Staff Presentation: Travis Sullivan gave a staff report for Special Use Permit #PSUP24-0004. Applicant Presentation: Marshal Issu of 492 Capital Ave SW, was present to speak and answer questions from Commissioners. Questions by Commissioners: Mayor Behnke asked the applicant if he realized the vulnerability and poor nature of the neighborhood where they are wanting this establishment, expressed concern about the neighborhood, the church and the school across the street. 1 Public Comment: None. Commissioner Deliberation: Commissioner Morris expressed concerns over the proximity to the school across the street. Commissioner Hughes asked staff if the 1000 ft. buffer requirement is satisfied. Commissioner Gray asked if the request was submitted to NPC3. Suggests postponing the item until there is input from NPC3 and other community members. Inquired to when the next Planning Commission meeting would be to reconsider the petition. COMMISSIONER GRAY MADE A MOTION TO POSTPONE ITEM PSUP#24-0004 TO THE FEBRUARY PLANNING COMMISSION MEETING OR AS SOON AS THE NPC3 MEETING HAS BEEN COMPLETED, WHICHEVER COMES FIRST. Mayor Behnke would second if the item is postponed indefinitely. Commissioner Gray asked if the applicant would need to restart the application process if postponed indefinitely. COMMISSIONER GRAY STATED HER MOTON: TO POSTPONE ITEM PSUP#24-0004 TO THE JANUARY 22ND PLANNING COMMISSION MEETING FOLLOWING THE NPC3 NEXT SCHEDULED MEETING. Commissioner Denison expressed the City has enough pot shops and does not need anymore. MOTION TO POSTPONE WAS NOT SUPPORTED. CHAIRPERSON HUGHES ASKED IF THERE WERE ANY OTHER MOTIONS. COMMISSIONER MORRIS MADE A MOTION TO DENY, SECONDED BY MAYOR BEHNKE. Commissioner Questions: Commissioner Gray asked if they had to state the condition for the denial. Commissioner Morris stated because of the location, the neighborhood, school and church for the reason he does not support this. A ROLL VOTE WAS TAKEN: Commissioner Morris- Yes Mayor Behnke- Yes Commissioner Gray- No Commissioner Hughes- No Commissioner Denison- Yes THREE IN FAVOR, TWO OPPOSED, MOTION APPROVED B. Review of Capital Improvement Program (CIP) FY25-FY30. Staff Presentation: Aaron Kuhn, Revenue Services Director gave the report for the Fiscal Year 2025- 2030 Capital Improvement Plan. 2 MOTION MADE BY COMMISSIONER MORRIS TO RECOMMEND THE APPROVAL OF THE CAPITAL IMPROVEMENT PROGRAM FY25-30 TO CITY COMMISSION, SECONDED BY MAYOR BEHNKE. Commission Discussion and Question: Commissioner Gray inquired to items in the Not Funded category that help bring life to our community and downtown, and asked how the City goes after grant funding or other sources to help with these items. A ROLL VOTE WAS TAKEN: ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. OLD BUSINESS: None. NEW BUSINESS: A. Appointment to the Housing and Community Development Steering Committee Staff Presentation: Darcy Schmitt gave a report for the Housing and Community Development Steering Committee. Chairperson Hughes appointed Commissioner Godfrey to the Housing and Community Development Steering Committee. B. 2025 Planning Commission Meeting Dates and Deadlines Staff Presentation: Travis Sullivan noted changes to the calendar due to holidays. Comment by Public: None. Questions by Commissioners: None. MOTION MADE BY COMMISSIONER GRAY TO APPROVE THE 2025 PLANNING COMMISSION MEETING DATES AND DEADLINES, SECONDED BY MAYOR BEHNKE. A ROLL VOTE WAS TAKEN: ALL IN FAVOR, MOTION APPROVED. COMMENTS FROM THE PUBLIC: None. COMMENTS FROM COMMISSION MEMBERS AND STAFF: None. ADJOURNMENT: Commissioner Hughes adjourned the meeting at 5:39 pm. Submitted by: Melody Carlsen, Administrative Assistant, Planning & Zoning. 3

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