Planning Commission

1 of 42 AGENDA PLANNING COMMISSION MEETING Date: Wednesday, July 22, 2026 Time: 4:00 P.M. Where: Room 301, City Hall 1. Call to Order 2. Attendance 3. Approval of Minutes: June 24, 2026 4. Correspondence 5. Additions or Deletions to the Agenda 6. Public Hearings/Deliberations: A. SPECIAL USE PERMIT REQUEST PSUP #26-0002: Petition from Top Brands on behalf of Battle Creek, LLC for a special use permit to allow for an Adult-Use Marihuana Retailer establishment to be located at 625 North Ave., Parcel #0136-42- 979-0 within the T-3 Neighborhood Commercial District. Pursuant to Section 1240.13, (T-3 Neighborhood Commercial District), Section 1251.24 (Marihuana Business Regulations) Section 1251.25 (Marihuana: Adult-Use Marihuana Retailer Establishment), and Section 1281.05 (Special Land Uses). 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 42 CITY OF BATTLE CREEK PLANNING COMMISSION 10 North Division, Battle Creek, MI 49014 Minutes for June 24, 2026 MEETING CALLED TO ORDER: By Chairman Hughes at 4:00 p.m. ATTENDANCE: Roll call was taken. Chairperson Hughes, present Commissioner Denison, present Vice Chairperson O’Donnell, present Commissioner Moton, absent Commissioner Morris, present Mayor Behnke, present Commissioner Gray, present Commissioner White, present Commissioner Furmato, present Staff Present: Darcy Schmitt, Planning Supervisor, Adam Jenks, Planner, Melody Carlsen, Administrative Assistant, Patrick Batterson, Assistant City Attorney. APPROVAL OF MINUTES: May 27, 2026. MOTION MADE BY MAYOR BEHNKE TO APPROVE THE MAY 27, 2026 MEETING MINUTES. MOTION SECONDED BY COMMISSIONER GRAY. ROLL VOTE: Chairperson 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: None. OLD BUSINESS: A. ZONING ORDINANCE TEXT AMENDMENT #A26-03: Petition from the City of Battle Creek to consider an amendment to Chapter 1240 Zoning Districts and Map, Chapter 1241 Schedule of Regulations, and Chapter 1250, Section 1250.04 Form-based development standards for T-3, T-4, and T-5 of the zoning code to add a T-6 zoning district that will encompass part of the Lakeview District specifically those properties that are currently zoned B-2. The new district will include regulations that reflect the recommendations of the Lakeview District Subplan to create a mixed-use walkable district. Staff Presentation: Adam Jenks gave the staff report for #A26-03. MOTION MADE BY COMMISSIONER MORRIS TO APPROVE ITEM #A26-03. SECONDED BY COMMISSIONER WHITE. 1  3 of 42 ROLL VOTE: Chairman Hughes asked for a roll vote. ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. B. ZONING MAP AMENDMENT #PRZ26-0002 Petition from the City of Battle Creek to rezone properties along Beckley Road and Capital Avenue, currently zoned “B-2 Reginal Commercial District” to “T-6 Lakeview District” pursuant to Sections 1281.01 and 1240.16 of the zoning code. Staff Presentation: Adam Jenks gave the staff report for #PRZ26-0002. MOTION MADE BY COMMISSIONER MORRIS TO APPROVE ITEM #PRZ26-0002. SECONDED BY COMMISSIONER MAYOR BEHNKE. ROLL VOTE: Chairman Hughes asked for a roll vote. ALL IN FAVOR, NONE OPPOSED, MOTION APPROVED. OLD BUSINESS: None. NEW BUSINESS: None. COMMENTS BY THE PUBLIC: Brad Miller, 200 Wahwahtaysee Way was present to speak regarding Zoning Ordinance Text Amendment #A25-01. Mr. Miller was not pleased that this item was denied and permanently tabled and expressed his concerns with that decision. COMMENTS FROM COMMISSION MEMBERS AND STAFF: Commissioner Morris responded to Mr. Miller’s comments and would like to speak with him further. Mayor Behnke mentioned the June 25th meeting with the City Manager and invited the Planning Commissioners. Commissioner Gray reminded everyone of the Housing Strategy meeting being held on June 25th at the Department of Public works building. Commissioner Furmato responded to Mr. Millers comments regarding item A25-01. ADJOURNMENT: Chairman Hughes adjourned the meeting at 4:29. Submitted by: Melody Carlsen, Administrative Assistant, Planning & Zoning Division. 2  4 of 42 Battle Creek City Planning Commission Staff report for the July 22, 2026 meeting To: Planning Commissioners From: Adam Jenks, Planner Subject: Petition PSUP26-0002 from Top Brands LLC requesting a special use permit for an Adult-Use Marihuana Retail Facility in a T-3 Neighborhood Commercial District located at 625 North Ave., Battle Creek, MI, 49017 (Parcel #0136-42-979-0). Summary Petition from Top Brands LLC (1516 Rivona Drive, West Bloomfield, MI, 48328) requesting special use approval for an Adult-Use Marihuana Retail Facility in a T-3 Neighborhood Commercial District located at 625 North Ave (Parcel #0136-42-979-0), as permitted by special use under the Planning and Zoning Code, Chapter 1240, Section 1240.13 Neighborhood Commercial District and Chapter 1251 Sections 1251.24, 25, and 27 Standards Applicable to Specific Uses – Marihuana: Marihuana Business Regulations, Marihuana Facilities and Establishments and Adult-Use Marihuana Retailer Establishment. Background/Property Information The subject site is a total of 55,408 square feet with a 2,100 square foot vacant commercial building. The building is located along North Ave., roughly midblock between E Goodale Ave. and E Roosevelt Ave. An aerial view of the property and street view are found in Figures 1 and 2 respectively. The building was constructed in 2019 for the purpose of housing a medical marihuana provisioning facility, and was approved in 2020 as an adult-use marihuana retail facility, which operated between February 2021 and June 2025. However, because the current owner ceased operations in June 2025, the prospective new owner must now apply for a new special use permit, according to the provisions of Section 1281.05 of the zoning ordinance. Top Brands LLC is applying for a special use permit to allow an adult-use marihuana retail facility in the currently vacant building at 625 North Ave located in the T-3 Neighborhood Commercial District. Adult-use marihuana retailers are allowed with a special use permit in the T-3 district. If the special use permit is approved for the property, the applicant will pursue the required marihuana licensing process by the city.  5 of 42 Petition No. PSUP26-0002 625 North Ave. (Parcel ID# Parcel #0136-42-979-0) Page 2 of 7 Figure 1. Aerial view of the property 625 North Ave. Photo courtesy of BS&A. Figure 2. Street view of the property from 625 North Ave., June 2023. Photo courtesy of Google StreetView. Surrounding Land Uses / Zoning / Existing Uses SUBJECT NORTH SOUTH EAST WEST PROPERTY FUTURE Neighborhood Traditional Neighborhood Pennfield Traditional LAND USE Commercial Neighborhood Commercial Township Neighborhood ZONING T-3 T-3 T-3 Pennfield T-3 DISTRICT Neighborhood Neighborhood Neighborhood Township Neighborhood Commercial Commercial Commercial Commercial  6 of 42 Petition No. PSUP26-0002 625 North Ave. (Parcel ID# Parcel #0136-42-979-0) Page 3 of 7 EXISTING Vacant Goodale Ave. Roosevelt North Ave., Vacant Lot USE Commercial E., Ave. E, Adult Foster Building Commercial Commercial Care, Commercial Proposed Scope of Project The applicant is seeking special use approval for an adult-use marihuana retail facility in the existing building at 625 North Ave. The building and parking area are all existing and shown in the submitted site plan. Applicable Ordinance Provisions Planning and Zoning Code, Section 1240.13 “T-3 Neighborhood Commercial District”. Planning and Zoning Code, Sections 1251.24, 25, and 27 “Marihuana: Marihuana Business Regulations”, “Marihuana: Adult Use Marihuana Retailer Establishment”, “Marihuana Facilities and Establishments”. Planning and Zoning Code, Section 1281.05 “Special Land Uses”. Adult-Use Marihuana Retailers are allowed as special uses in the T-3 Neighborhood Commercial District if they meet the conditions listed in Section 1281.05 “Special Land Uses”. Sections 1251.24, 25, and 27 contain additional standards for operating an adult-use marihuana retailer within the city. Marihuana retailers must meet 1,000 foot distance requirements from other retailers and provisioning centers, day care centers, preschools, private or public K-12 schools, and libraries. At this time, the property lines for 625 North Ave (Parcel #0136-42-979-0) are at least 1,000 feet from any parcels with another retailer or provisioning center, day care center, preschool, private or public K- 12 schools, and libraries open to the public. No new marihuana facility has filled out and qualified for a Part A application within 1,000 feet of the property which is the subject of this petition. 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 Shopper on July 2, 2026 and notices of the public hearing were also sent by regular mail on July 2, 2026 to all owners and occupants of properties located within 300 feet of the subject parcel. To date, the Planning and Zoning Division has not received any questions or comments related to the request. Neighborhood Outreach The application presented their application and proposed use to the Neighborhood Planning Council #2 on July 13, 2026. A copy of the information packet that the applicant distributed at the meeting is included as an attachment to this staff report.  7 of 42 Petition No. PSUP26-0002 625 North Ave. (Parcel ID# Parcel #0136-42-979-0) Page 4 of 7 Basis for Determination 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 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 Chapter 1281.05 Basis for Determination (for Special Use Permits). Staff finds the request consistent with the general special use standards listed in 1281.05, 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 this parcel as an adult-use marihuana retailer is harmonious with and in accordance with the future land use of the subject property, as it is located in a Neighborhood Commercial area. Retail businesses, including those selling adult-use marihuana, are expected for this type of land use. There is a minimal increase in traffic expected for the proposed use, as the existing building will become occupied. However, the parcel is located on North Ave., which is a notable thoroughfare that can accommodate the minor increase in traffic generated by the proposed use. (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 of this parcel is harmonious with the existing or intended character of the general vicinity since there were no stated alterations to the exterior of the building that has existed on the parcel since 2019. The proposed use will not change the character of the neighborhood and would be consistent with the previous use of the property. (c) The use will not be hazardous or disturbing to existing or future neighboring uses. The proposed use of this parcel will not be hazardous or disturbing to existing uses. It will not produce any noise or odors not expected from a retail or service facility. Adult-use marihuana retailers are also regulated by Chapter 835 of the City’s Code and may not operate between the hours of 12:00am and 7:00am. This restriction minimizes the disturbance that the proposed use would produce to the adjacent and nearby residential uses. (d) The use will be a substantial improvement to property in the immediate vicinity and to the community as a whole. The proposed use of this parcel will be a substantial improvement to the existing property as it will fill a currently vacant commercial building. Other improvements to the property may occur.  8 of 42 Petition No. PSUP26-0002 625 North Ave. (Parcel ID# Parcel #0136-42-979-0) Page 5 of 7 (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 proposed use is not expected to significantly increase traffic to the subject parcel more than any other incoming retail or service use allowed in the T-3 district. No additional utilities are needed for this use as this is an existing building in a built-up neighborhood. (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 will not create additional public cost as the City is not responsible for the maintenance and improvements associated with the property. Therefore, it will not create excessive additional requirements at public cost for public facilities 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. The proposed use does not have any 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 proposed use will be consistent with the intent and purpose of the Zoning Code in that the retailer is operating in an established commercial district. It will be maintained and operated in compliance with all relevant sections of the zoning ordinance as well as with all building regulations. 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.  9 of 42 Petition No. PSUP26-0002 625 North Ave. (Parcel ID# Parcel #0136-42-979-0) Page 6 of 7 Conditions detailed within the staff 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 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. Recommended conditions by staff will ensure that the project meets the standards of a typical special use request. Analysis and 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 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 #PSUP26- 0002, a special use permit for the proposed use of an adult-use marihuana retailer, at 625 North Ave (Parcel #0136-42-979-0). Attachments The following information is attached and made part of this staff report: • Special Use Permit Application Form (Petition #PSUP26-0001) • Purchase Agreement  10 of 42 Petition No. PSUP26-0002 625 North Ave. (Parcel ID# Parcel #0136-42-979-0) Page 7 of 7 • Site Survey (Site Plan) • Legal Description 11 of 42 12 of 42 13 of 42 14 of 42 15 of 42 16 of 42 17 of 42 18 of 42 19 of 42 20 of 42 21 of 42 22 of 42 23 of 42 24 of 42 25 of 42 26 of 42 27 of 42 28 of 42 29 of 42 30 of 42 31 of 42 32 of 42 33 of 42 34 of 42 35 of 42 36 of 42 37 of 42 38 of 42 39 of 42 40 of 42 41 of 42 42 of 42