Zoning Ordinance Subcommittee

Planning Commission Agenda Commission Chambers 4243 Remembrance Rd NW Wednesday, August 16, 2023 at 5:00 PM 1. Call the meeting to order 2. Review Meeting Minutes 2.1. Review Meeting Minutes From July 19, 2023 3. Agenda Items 3.1. Use Definitions Discussion 3.2. Timeline to Adoption 4. Adjournment Page 1 of 5  [city of walker logo] Commission Chambers 4243 Remembrance Rd NW Wednesday, July 19, 2023 Call Meeting to Order Attendance Committee Members: Scott Funke, Brian Boelens, Elaina Huizenga-Chase City Staff: Frank Wash, Paula Priebe, Meghann Gorby Zoning Consultant: Chris Khorey Discussion Items RPUD-3 C. Khorey summarized the Memo and discussed the draft map. Then group discussed elements: Proximity to Bus Rapid Transit stops (The Rapid Laker Line) and the Standale Overlay district. Should there be a lot size minimum? The current draft includes all Redevelopment Mixed Use (RMU). Alpine south of I-96 is in the Alpine Overlay; Alpine north of I-96 is mostly RMU. Details of RPUD-3 include minimum unit size should be 600 SF, same as ARM in current Zoning Ordinance. Façade materials should be listed: brick, block, glass, stone, and metal. Use-specific Policies Drive Throughs: stacking spaces should be 5 minimum, not 10. Bypass lane or exit should be a requirement. Home Businesses: C. Khorey discussed the home business category and the difference between the three subcategories (telecommuting, home occupations, and home based businesses). No vehicle repair to be allowed. Marijuana caregivers under the 2008 law are classified as home occupations. Outdoor storage should require a gate, but it does not need to be opaque. Solar energy has three levels (small accessory, large accessory, principal). Zoning districts which allow principal solar are AA, I-1, and I-2. Miscellaneous Topics List from Frank Wash Staff is keeping a running list of items that need to be reviewed again or included in the updates. The Large Off-Premises Signs (billboards) section will need further adjustment as we encounter questions from the industry about applying the new regulations. Other items on the list for future discussion include keeping the ORP district, keeping C-4 uses as Special Land Uses, and working with Engineering/DPW to refine sections that they’re interested in. Adjournment Next meeting date is 8/16/2023 at 5:00PM. Page 2 of 5 Memorandum TO: City of Walker Zoning Ordinance Subcommittee FROM: Christopher Khorey, AICP, West Michigan Manager SUBJECT: Definition Policies DATE: August 15, 2023 As McKenna and the Staff Working Group develop of a full draft of the updated Zoning Ordinance, the following definitions need review and consensus from the Subcommittee: BAR/NIGHTCLUB In the current Ordinance, bars/nightclubs are considered a separate use from restaurants. The three uses are currently defined as follows: • Bar/night club means premises licensed to sell alcoholic beverages by the drink for on-site consumption. Subject to state law and other requirements of this Code, the sale of food, packaged alcohol (for either on-site or off-site consumption), dancing and live entertainment may be allowed as accessory uses. • Restaurant means an establishment where food and drink are prepared, served, and consumed on-site or as take-out. Drive-up windows and outdoor dining may be accessory to these uses, subject to other requirements of this Code. As currently defined, any food service establishment that serves alcohol is a bar/nightclub. The Subcommittee should determine whether that definition is still appropriate, or whether the bar/nightclub category should only apply to establishments that do not serve food (or some other distinction). The definitions could also be combined into a single category. If the uses are kept separate, they must be given separate regulations in the Zoning Ordinance. We recommend the following status within each non-Residential Zoning District and Overlay. (P= Permitted, S = Special Use, A = Accessory Use, X = Prohibited) Page 3 of 5  Standale Alpine Remembrance C-1 C-2 ORP P-SP I-1 I-2 Overlay Overlay Overlay Bar/Nightclub P P X X X X P P P Restaurant P P A X A A P P P Additionally, there are currently non-Zoning regulations on bars/nightclubs in Chapter 6 of the Code of Ordinances. Some of these have land use implications, most notably a requirement for establishments that serve alcohol to have a table seating such that bar seating does not exceed 20% of the seating capacity. These requirements will have to be reconciled with any Zoning revisions. SHORT TERM RENTALS The Subcommittee should discuss whether the City should regulate short term rentals (AirBNB, etc). Currently, there are no specific provisions regarding these uses in the Ordinance. The City is not obligated to regulate them – they can simply be a permitted use of a dwelling unit. On the other end of the spectrum, they can be completely banned. The Subcommittee should decide a path to chart, and McKenna can draft language accordingly. TATTOO PARLORS Tattoo parlors are currently among the list of Adult Regulated Businesses, which means they are restricted to C-2 District, require Special Use permits, and are subject to the following locational restrictions: • At least 100 feet from a residential or agriculture zoning district or use. • At least 100 feet from a school, park, child care center, or religious institution. • At least 500 feet from another Adult Regulation Business. The Working Group is asking the Subcommittee to determine whether Tattoo Parlors should continue to be heavily restricted, or whether they can be converted to a regular C-2 Special Use, without the locational restrictions. The Subcommittee could opt for even less restrictive options, such as allowing Tattoo Parlors in C-1, or allowing them as a permitted use. DORM-STYLE APARTMENTS Currently, there is no limit on the number of bedrooms in a dwelling unit. With the Laker Line and the increased interest in student housing in Walker, developers have begun proposing “dorm-style” units, where 6 or more bedrooms share a single kitchen. The Subcommittee should decide whether these types of units should be restricted. Policy options include: • Creating a cap on the number of bedrooms in a multi-family unit (4 would be the recommended limit). • Counting a unit with 4 or more bedrooms as two units for the purpose of calculating allowable density and required parking. • Switching the parking standard for multi-family to “per bedroom” instead of “per unit.” HIGH INTENSITY INDUSTRIAL The draft Ordinance includes a definition of “High Intensity Industrial,” as follows: City of Walker · Subcommittee Discussion 2 Page 4 of 5 An industrial use shall be designated as “high intensity” if, in the opinion of the City Manager (or designee), the use could have a substantial negative impact on surrounding residents, businesses, and/or the environment by virtue of any of the following: noise, dust, odor, vibration, aesthetics, truck traffic, rail traffic, structure height, environmental contamination, or causing land on neighboring properties to become unstable or unbuildable. If the use contains a heavy stamping or press apparatus that creates noise and vibration that could impact nearby properties, it shall be designated as a high intensity industrial use. Appeals of High Intensity shall be made to the Zoning Board of Appeals. If a use is determined to be “high intensity,” then it requires a Special Use permit and is only permitted in I-2 (not I-1). The Subcommittee should review the language above and confirm that it meets the goal of ensuring potentially noxious uses are located in appropriate places. We look forward to discussing these topics on August 16. City of Walker · Subcommittee Discussion 3 Page 5 of 5