A Risky Business Kiersten Isgrigg [email protected] Sam Giraud [email protected].
CHARLEVOIX COUNTY PLANNING COMMISSION present: Kiersten Stark (Planning Coordinator) and Shirley...
Transcript of CHARLEVOIX COUNTY PLANNING COMMISSION present: Kiersten Stark (Planning Coordinator) and Shirley...
CHARLEVOIX COUNTY PLANNING COMMISSION
301 State Street Charlevoix, Michigan 49720
(231) 547-7234 [email protected]
Tentative Agenda March 1, 2018
7:00 p.m. Commissioners’ Room
County Building 203 Antrim St., Charlevoix, MI 49720
I. Call to Order II. Pledge of Allegiance III. Approval of Agenda IV. Public Comments Unrelated to Agenda Items V. County Business Items Approval of Minutes of February 1, 2018 Meeting Correspondence and Communications Planning Commission Comments County Commissioner Comments Staff Comments VI. Townships, Cities, MDEQ & Corps of Engineers Items Wilson Township Proposed Zoning Hayes Township Proposed Rezoning VII. Any Unfinished County Business VIII. Adjournment
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CHARLEVOIX COUNTY PLANNING COMMISSION
301 State Street Charlevoix, Michigan 49720
(231) 547-7234 [email protected]
DRAFT Meeting Minutes February 1, 2018
I. Call to Order Chairman Draves called the meeting to order at 7:00 p.m. in the Commissioners’ Room at the Charlevoix County Building. Members present: Bob Draves, Larry Levengood, Bob Tidmore, Patrick Howard, Ron Van Zee, and Mike Webster Members absent: Michael Buttigieg (excused) Others present: Kiersten Stark (Planning Coordinator) and Shirley Roloff (County Commissioner Liaison) II. Pledge of Allegiance
Bob Tidmore led the Pledge of Allegiance. III. Approval of Agenda
Mike Webster suggested adding to the agenda discussion of scheduling meetings off-site. The following item was added under V. County Business Items: “Scheduling”. MOTION by Ron Van Zee, seconded by Larry Levengood, to approve the tentative agenda as amended. Voice vote: all in favor. Motion passed. IV. Public Comments Unrelated to Agenda Items
None V. County Business Items
Approval of Minutes of January 11, 2018 Meeting On page 3, under Planning Commission Comments made by Michael Buttigieg, the last sentence was corrected to read as follows: “It was noted that Meijer in Gaylord has a several Tesla Electric Charging Stations.”
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MOTION by Mike Webster, seconded by Bob Tidmore, to approve the minutes of the January 11, 2018 meeting as corrected. Voice vote: all in favor. Motion passed. Correspondence and Communications Kiersten reviewed the following items:
2018 Membership List – provided to Commission members for their notebooks 2018 Meeting Schedule – provided to Commission members for their notebooks Thank you letter from the Antrim County Planning Department for reviewing and
commenting on their proposed Master Plan update Flyer for the 2018 MSU Extension Master Citizen Planner Webinar Series – the first
webinar will be held on February 15th and the topic is “Strategic Planning, Smart Growth, and the Vision Statement” Larry Levengood would like to register for the webinar.
Planning Commission Comments Mike Webster – He reported that the Melrose Township Planning Commission will be considering the rezoning of Agricultural parcels to Forest Reserve and/or Rural Residential. The Township is trying to attain a lower minimum lot size to meet the needs of many current and future residents. Webster also reported that Melrose Township has decided not to take any action on the issue of commercial medical marijuana facilities. Ron Van Zee – In Bay Township, they appointed a new Township Clerk, who is Wendy Simmons. He reported that zoning permit applications have been steady. The Township Planning Commission is considering time and transfer for septic waste. They have also developed a community survey to assist in updating the Master Plan. The Planning Commission is also putting finishing touches on the setback regulations in the zoning ordinance. They will now be using more illustrations in the ordinance. In Hayes Township, the Board decided to move forward with the boat launch at Camp Sea-Gull. It has been advertised for bid and the Township is developing a construction and draw schedule to ensure they will be able to cash flow the project. Regarding the proposed Eastern Avenue Beach public restrooms, Van Zee said that, while the Road Commission was supportive of having restrooms placed at the end of Eastern Avenue in the road right-of-way, they discovered that, by law, the Road Commission cannot transfer the use of their right-of-way for this purpose. As an alternative, the Road Commission is considering the possibility of installing the restrooms themselves and having the two Townships (Charlevoix and Hayes) provide funding for maintenance. Van Zee also reported that the Eastern Avenue beach was cleaned last summer and it’s a popular recreation spot. Patrick Howard – Nothing to report at this time Larry Levengood – On January 15th, he attended a legislative update given by our state legislators. He said the topic of short term rentals came up in the discussion. The proposed state legislation concerning short term rentals is still under consideration. Levengood also attended a “Great Lakes Issues” program at the Charlevoix Public Library today. Mark Breederland from the State of Michigan Office of the Great Lakes was the speaker. He spoke about the changing water levels and invasive species. Asian carp may not be as significant an issue as once thought.
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Bob Tidmore – He reported that the debate continues over consolidating Peaine and St. James Townships on Beaver Island. Tidmore also said St. James Township just completed a draft update to their Recreation Plan. He also reported on an ice fishing tournament to be held on the Island, and a proposed rezoning from R-1 to Harbor in St. James Township, which will come before the County Planning Commission for review. Bob Draves – He reported that the City of East Jordan is closing their transfer station. Draves also reported on efforts by Burnette Foods to secure a new site for disposing of waste water from their canning operations. Draves also reported he watched a tourism webinar recently which focused on short term rentals. He suggested the possibility of the Planning Commission hosting a panel discussion on short term rentals for local officials. One of the issues being considered by communities is whether to charge a registration fee for short term rentals. Levengood said the City of Charlevoix recently adopted an ordinance, requiring that short term rentals be registered with the City. Levengood said, on February 26th, the Charlevoix County Chapter of the Michigan Townships Association will hold their annual Elected Leaders Summit at Boyne City Hall. County Commissioner Comments Commissioner Roloff reported that she received an email from McDonald’s regarding increasing their recycling efforts. Staff Comments Kiersten reported on Planning Department activities during the month of January:
Boyne City to Charlevoix Trail project o The County received our first grant reimbursement from the DNR for Phase 1 of
the Trail o Construction activity on Phase 2 will resume this Spring to complete the
remaining minor items o Discussed plans for Phase 3 of the Trail, including the proposed trailhead at Park
of the Pines, with the Parks Committee and the County Board o Due to engineering issues in Phase 2 and changes in MDOT grant application
criteria for trails, she discussed with the Parks Committee and recommended to the County Board that before we reapply for Phase 3 grants, we consider other engineering firms, review the preliminary engineering completed to date, discuss the proposed design elements for Phase 3, make initial contacts with property owners along the Phase 3 trail route and hold public meetings to share the preliminary plans for Phase 3, and obtain updated cost estimates for Phase 3 if needed
Attended Parks Committee meeting on January 15th o Public comment and further discussion on the proposed boat launch at Whiting
Park, which focused on the location for the launch; three (3) options are being considered
Provided planning/zoning assistance to local officials Handled information requests Prepared materials for tonight’s meeting
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U.S. Bicycle Route 35 – Proposed Route Change Kiersten reviewed a memo she had prepared for the Planning Commission regarding U.S. Bicycle Route 35, an 865-mile bike route that runs from southern Indiana through Michigan to Ontario. In Michigan’s Lower Peninsula, the route primarily follows the western shore along Lake Michigan. Then it crosses the Mackinac Bridge and traverses the eastern Upper Peninsula to Sault Ste. Marie, Ontario. It mostly follows roads, but utilizes trails in some areas, where available. Kiersten said, in Charlevoix County, the bike route winds through Norwood Township, Charlevoix Township, the City of Charlevoix, and Hayes Township. Charlevoix city officials are considering a proposal to change the route north of the bridge in order to improve safety for bicyclists. The proposed new northbound route would follow E. Dixon Ave. (a wide, one-way street) to Mercer Blvd., up to US-31. It would cross US-31 and continue on Mercer Blvd. to Taylor to Ance to Martin to Waller Road, where it would turn east and follow Waller to the Little Traverse Wheelway. This new route would eliminate the dangerous curve at US-31 and Michigan Ave., and it would follow streets that are wider and have a lower volume of traffic that also travels at a slower speed. The proposed southbound route would follow Waller Road west to Mt. McSauba to Division St. to Michigan Ave. (a wide, one-way southbound street) to US-31/Bridge St. Kiersten explained that changing the designated bike route requires submitting an application to MDOT for approval. Resolutions of support are also required from the road agencies having jurisdiction over the road infrastructure where the change in the bike route is proposed. This includes the City of Charlevoix and the County Road Commission. Kiersten said, initially, she was informed that a resolution would also be needed from the County Board of Commissioners, which prompted her to place this item on tonight’s agenda for a recommendation to the Board. However, she had since learned that a resolution was not needed from the Board. So, this material was being provided for informational purposes only. Kiersten said she will keep the Commission informed of any updates moving forward. Scheduling Commission members and Staff discussed scheduling some of their meetings at other locations in the county, including Whiting Park, Melrose Township, and Wilson Township. Kiersten will contact the Parks Director to discuss holding a meeting at Whiting Park in the Spring. VI. Townships, Cities, MDEQ & Corps of Engineers Items
Marion Township Proposed Rezoning Commission members and Staff reviewed the proposal by Marion Township to rezone a portion of three (3) parcels and eight (8) parcels in their entirety, located adjacent to one another on both sides of Marion Center Road, just south of the intersection of Marion Center Road and Clark Road in Section 3, from Agricultural (A) to Single Family Residential (R-1). Kiersten reviewed the Planning Department Staff Review on the proposed rezoning. Considering the type of uses allowed in the R-1 District compared to the A District and given that the Township Master Plan supports the proposed rezoning, and the Township is proposing
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this rezoning to collectively alleviate a hardship for this group of parcels, which was created by the Zoning Ordinance, she had no concerns with the proposed rezoning. Further discussion took place. MOTION by Larry Levengood, seconded by Ron Van Zee, to recommend approval of the proposed rezoning from Agricultural (A) to Single Family Residential (R-1) for a portion of three (3) parcels and eight (8) parcels in their entirety, located adjacent to one another on both sides of Marion Center Road, just south of the Clark Road intersection in Section 3 of Marion Township. Voice vote: all in favor. Motion passed. MDEQ Public Notice – Berg (Hayes Township) Commission members and Staff reviewed the Michigan Department of Environmental Quality (MDEQ) public notice for a permit application from Robert Berg to dredge 24 cubic yards of native substrate from an 1,100-square foot area, depositing all spoils above the ordinary high water mark, and to place 102 cubic yards of rock riprap up to 4 feet in diameter over geotextile fabric for shoreline stabilization and erosion control at his property on Lake Charlevoix in Hayes Township. Discussion took place regarding the proposed project, with Van Zee abstaining from making a recommendation or voting. The consensus of the Commission was to make no comment on this permit application. VII. Any Unfinished County Business None VIII. Adjournment MOTION by Ron Van Zee, seconded by Bob Tidmore, to adjourn the meeting. Voice vote: all in favor. Motion passed. Chairman Draves adjourned the meeting at 8:34 p.m. Respectfully Submitted By, Robert L. Tidmore Secretary RLT/kjs
CHARLEVOIX COUNTY PLANNING DEPARTMENT
301 State Street Charlevoix, Michigan 49720
(231) 547-7234 [email protected]
Memorandum
To: Planning Commission members From: Kiersten Stark, Planning Coordinator Re: Commission meeting materials Date: February 23, 2018 The Staff Reviews for the two township items on the agenda will be distributed during the week of February 26th, prior to the Planning Commission meeting. If you have any questions, please give me a call at (231) 547-7234.
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Kiersten Stark
From: Scott McPherson <[email protected]>Sent: Thursday, February 8, 2018 9:52 AMTo: Kiersten StarkSubject: Wilson zoning amendmentAttachments: PH staff rpt 020718.pdf
Hi Kiersten, The Wilson Twp Planning Commission held a public hearing last night and approved a motion to recommend the zoning of parcels 15‐015‐001‐011‐20, 15‐015‐001‐011‐30 and 15‐015‐001‐011‐20 to Community Service Commercial (CSC). This zoning was initiated by the Township as these parcels were previously part of a 425 agreement with the City. The agreement expired in 2016, the City and Township tried to negotiate a new agreement but could not come to an agreement on the terms of a new 425. As the Township does not have any language in its ordinance regarding the reversion of zoning in cases like these the Township must go through the process of zoning the parcels. These are located on the M‐75 corridor and are the BC pizza, the motel next door and the vacant parcel west of the motel. I have attached a map and my staff report. Please let me know if you have any questions. Scott McPherson Planning Director City of Boyne City 231.582.0343
Wilson Township Planning Commission Regular Meeting February 7, 2018
Page 1 of 1
CALL THE MEETING TO ORDER: Chair John Mathers called the meeting to order at 6:00 PM and led the Pledge of Allegiance. ROLL CALL: Planning Commission (PC) Members Present: Norm Vogt, Jeff Argetsinger, Aaron Nordman, Mark Wuerth, John Mathers, and Ray Guzniczak. Absent: Mel Nowland. Also present: recording secretary Marilyn Beebe and planner Scott McPherson. Guests: Guy White and son, and Mr. John Ferguson. APPROVAL OF MINUTES: Moved by J. Argetsinger and second by R. Guzniczak to approve minutes from the December 6, 2017 Wilson Township Planning Commission meeting. Discussion: J. Mathers noted a correction that is needed under Planner and Zoning Administrator’s report: The date for a special meeting should be January 15, 2018. M. Beebe will make the correction. Ayes 6, Nays 0, Absent 1. MOTION CARRIED. CITIZENS COMMENS ON NON-AGENDA ITEMS. 1. Mr. Ferguson presented a preliminary proposed site plan on behalf of Mr. Guy White for Boyne Area
Community Storage on property located on Boyne City – East Jordan Road. Since the plan was not on the agenda and at the request of Chair John Mathers, the proposed preliminary site plan will be placed on the March Planning Commission agenda.
NEW BUSINESS: 1. Public hearing for zoning of parcels 15-015-001-011-15, 15-015-001-011-20, and 15-015-001-011-30-to
Community Service Commercial (CSC): Scott McPherson explained that due to the expiration of a 425 Agreement with Boyne City, three parcels will revert to Wilson Township zoning. Scott noted that the township CSC zoning is similar to the city zoning of the parcels, the uses are similar and the property owners will see no major change. Findings of Fact according to Section 21.06 were completed. Motion by J. Argetsinger with second by N. Vogt to recommend that the Township Board rezone parcels 15-015—001-011-15, 15-015-001-011-20, and 15-015-001-011-30. Further discussion: none. Ayes 6, Nays 0, Absent 1. MOTION CARRIED. Motion made by J. Argetsinger with second by N. Vogt to amend the previous motion to indicate that the rezone be made to the Community Service Commercial District. Ayes 6, Nays 0, Absent 1. MOTION CARRIED. Scott will submit the recommendation to the county planning commission for approval.
2. M-75 Corridor Plan: Discussed the M-75 Corridor Plan that was presented at the Boyne City Planning Commission meeting in January. Recommendations that a center turn lane be in the plan and that a service drive not be part of the plan will be made.
3. Meeting Calendar: The regular July meeting date is on the 4th. Moved by J. Argetsinger with second by R. Guzniczak to adopt the 2018 Wilson Township meeting calendar with the July Planning Commission meeting to be held on July 3, 2018. Ayes 6, Nays 0, Absent 1. MOTION CARRIED.
OLD BUSINESS: None OTHER COMMUNICATONS REPORTS: 1. Planner and Zoning Administrator’s report:
a. Mr. LaVanway’s site plan will be on the March meeting agenda. ADJOURNMENT: Moved by M. Nowland, second by M. Wuerth to adjourn the meeting at 7:10 PM. Ayes 6, Nays 0, Absent 1. MOTION CARRIED. The next regular meeting is scheduled for 6:00 PM on March 7, 2018.
Respectfully submitted, _____________________________ __________________________
Marilyn Beebe, Recording Secretary Mel Nowland, Secretary
Section 21.06 – Findings of Facts In reviewing any petition for a zoning amendment, the Planning Commission shall identify and evaluate all factors relevant to the petition, and shall report its findings in full, along with its recommendations for disposition of the petition to the Township Board within sixty (60) days of the filing date of the petition. The facts to be considered by the Planning Commission shall include, but bet be limited to the following:
A. Whether the requested zoning changes is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance.
The 3 subject properties were included in a 425 Agreement with the City of Boyne City that expired and are not currently zoned.
B. The precedents and the possible effects of such precedents, which might likely result from
approval or denial of the petition.
A precedent would not be established as this is a procedural requirement.
C. The compatibility of the Township or other government agencies to provide agencies which provide any services, facilities, and/or programs that might be required if the petition were approved.
The proposed zoning district would be similar to the expire zoning and the proposed district would not increase the demands on the Township or other government agencies.
D. Effect of approval of the petition on adopted development, policies of the Township and other
government units.
Commercial development along the M-75 corridor is consistent with the existing development and the development policies of the Township.
E. All findings of fact shall be made a part of the public records of the meetings of the Planning
Commission and Township Board. An amendment shall not be approved unless these and other identified facts be affirmatively resolved in terms of the general health, safety, welfare, comfort and convenience of the citizens of the Township, or of other civil divisions where applicable.
For County PC review on March 1, 2018 1/4
CHARLEVOIX COUNTY PLANNING DEPARTMENT
301 State Street Charlevoix, Michigan 49720
(231) 547-7234 [email protected]
Staff Review
Wilson Township Proposed Zoning
Background Information Subject properties:
Prop. Tax I.D. # Street Address Parcel Size Property Owner (Use)
15-015-001-011-15 1161 M-75 S. 1.02 acre Stroyan (Vacant parcel)
15-015-001-011-30 1165 M-75 S. 1.66 acre Barren (Motel)
15-015-001-011-20 1191 M-75 S. 1.52 acre Nelson (B.C. Pizza)
Please see the Wilson Township Planner’s Staff Report for background information.
Proposed Zoning District: Community Service Commercial (CSC)
Land Uses Allowed
Permitted Uses (by Right)
Retail business whose principal activity is the retail sale of merchandise to the general public (within an enclosed building)
Business offices and professional offices, such as insurance brokers, stockbrokers, real estate brokers, doctors, dentists, lawyers, architects, engineers, and other similar uses
Public and private recreational and community facilities, such as a bowling alley, indoor skating rink, theaters, auditoriums, concert halls, banquet halls, churches, arcades, shooting ranges, clubs and fraternal organizations, and similar places of assembly (within an enclosed building)
Service establishments that are of a workshop nature, such as appliance repair, printing and reproduction, small engine repair, laundromat, upholsterer, and similar establishments (within an enclosed building)
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Personal service establishments that perform services on the premises, such as barber shops, beauty shops, physical trainer, and health clubs
Restaurants that provide food for consumption on or off the premises, including drive-in or drive through restaurants
Publicly owned and operated municipal buildings
Special Uses
Any permitted use that has outdoor storage and/or display or has over 20,000 square feet of gross building area
Gasoline filling stations and automobile service stations
Outdoor recreation facilities
Source: Wilson Township Zoning Ordinance Dimensional Requirements
Minimum Lot Area 20,000 square feet
Minimum Lot Width 100 feet
Minimum Front Yard Setback 25 feet
Minimum Side Yard Setback 10 feet
Minimum Rear Yard Setback 50 feet (rear yard abuts a public right-of-way)
Minimum Square Footage N/A
Maximum Impervious Surface 50% Lot Coverage
Source: Wilson Township Zoning Ordinance Existing Uses on the Subject Parcels and Surrounding Properties Subject parcels: The parcel to the west is vacant with a few trees and an open, grassy field/yard. The middle parcel features a motel. The parcel to the east is the site of B.C. Pizza. Surrounding properties: To the west, south, and east are commercial businesses. To the north is the Boyne City Air Industrial Park. Zoning of Surrounding Properties The properties to the west, south, and east, all of which are in Wilson Township, are zoned Community Service Commercial (CSC). The parcels to the north are part of the City of Boyne City and are zoned “Planned Industrial District” (PID). Please see the attached zoning map.
For County PC review on March 1, 2018 3/4
Relationship to Master Plan The future land use map in the Wilson Township Master Plan designates this area as Commercial/Industrial. The Commercial/Industrial category is described, in part, as follows: “The commercial/Industrial category is intended to accommodate small commercial uses such as retail uses service establishments and light industrial uses such as manufacturing and contractor offices and yards. The majority of this category includes to the M-75 corridor and the C.H. Smith gravel pit located on Boyne City –East Jordan Road…” Soils See the attached aerial map showing the soil type on the property.
Soil Symbol
Soil Name Slope Features affecting
foundations for low buildings Suitability for septic tank disposal fields
McB Mancelona loamy sand
0 to 6% Well drained; slight compressibility; good shear strength
No limitations
Source: USDA Soil Survey of Charlevoix County, MI Township Planning Commission Recommendation The Wilson Township Planning Commission recommended zoning these properties Community Service Commercial (CSC). Staff Comments The Township Master Plan supports zoning these parcels Community Service Commercial. These parcels meet the dimensional requirements of the CSC District. However, motels are not permitted either by right or as a special use in the Community Service Commercial District. So, designating parcel 011-30 as CSC will create a nonconforming use. This would potentially create a hardship for this parcel, especially if the owner wanted to expand the motel. None of the zoning districts in the Township specifically allow motels or hotels. The closest any district comes to allowing a motel or hotel is the Resource Development Agricultural District, which allows “public and private areas for resorts” as a special use. The terms “motel” and “hotel” are also defined in the ordinance. The purpose of the Community Service Commercial District is “to cater to the needs of a larger consumer population and typically accommodates those retail, business and service activities that serve the whole community. These uses are primarily designed to cater to the needs of passer-by traffic and comparison shopping needs and require land and structures that generate significant volumes of vehicle traffic.” Since motels and hotels are consistent with this purpose, the Township may want to consider amending the Zoning Ordinance to add motels and hotels as a use allowed in the Community Service Commercial District.
For County PC review on March 1, 2018 4/4
Prepared by:
Kiersten Stark Planning Coordinator With mapping assistance from:
Emily Selph Charlevoix County Equalization Department
Boyne River
M-75 S
BOYNE AVE LEXAMAR DR
E MAIN ST
FALL PARK RDDIETZ RD W
AIRVIEW DR
BROCKWAY ST
SUTL
IFF LN
LEW
IS AV
E
E DIVISION ST
ADDIS RD N
BOIC
E ST
LAGOON DR
MOLL
DR
HARR
IS ST
SPRING ST
BEAR
DSLE
Y ST
HEMLOCK ST
BOYN
E SUM
MIT
CROZ
IER C
REST
ALTAIR DR
MAGN
ET D
R
ADAMS ST
ROOSEVELT ST
CONTRACTOR DR
FOREST AVE
AIR IN
DUST
RIAL PA
RK DR
NORD
IC D
R
BV ST
ORAG
E DR
Wilson Township Proposed ZoningFormer Boyne City Parcels
LOCATION MAP
Proposed Zoning Area
± 0 1,000500 Feet
Boyne City
Wilson Township
KaB
McB
McB
LrC EdB
McF
LrF
ArAEaC
RoB
LrFLrF
LrC
EdC
NsB
LrF
McF
NsD
EmB
McE
McB
CrA
CrA
EdC
KaF
McD
M-75 S
LEXAMAR DR
AIRVIEW DR
BOYNE AVE
BOYNE SUMMIT
ALTAIR DRMAGNET DR
AIR
INDU
STRI
AL PA
RK D
R
NORD
IC D
R
BV ST
ORAG
E DR
UNNA
MED
BOYN
E CITY
AIR
INDU
STRI
AL PA
RK
Wilson Township Proposed ZoningFormer Boyne City Parcels
LAND USE/COVER & SOIL MAPProposed Zoning Area
± 0 240 480120 Feet
For County PC review on March 1, 2018 1/5
CHARLEVOIX COUNTY PLANNING DEPARTMENT
301 State Street Charlevoix, Michigan 49720
(231) 547-7234 [email protected]
Staff Review Hayes Township Proposed Rezoning
Background Information Property Owner: Charlevoix Club Park LLC
Applicant: Falls Enterprises
The following two (2) parcels are proposed for rezoning:
15-007-118-015-30 11770 US 31 N. 3.01 acres
15-007-119-006-45 No street address 1.02 acre Please see the attached Location Map. Current and Proposed Zoning Current Zoning District: Neighborhood Commercial (C-1) (both parcels)
Proposed Zoning District: General Commercial (C-2) (both parcels)
Comparison of Land Uses Allowed Legend: P = Permitted Use SP = Special Use --- = Not Allowed
Land Uses Neighborhood
Commercial (C-1) General
Commercial (C-2)
1. Single-family dwellings P
P (one residential dwelling unit as an accessory use to an
on-site commercial/business
use)
2. Two-family dwellings P ---
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3. Public parks, playgrounds or recreation facilities
P P
4. Restaurants and bars, except drive-through restaurants
P P
5. Retail sales, within an enclosed building, and without a drive-through window
P P
6. Banks and financial services, except facilities with drive-through windows
P P
7. Business and personal services P P
8. Professional offices P P
9. Public utility buildings without storage yards P P
10. Public buildings and facilities P P
11. Funeral homes --- P
12. Civic, social and fraternal organization facilities
P P
13. Motels and resorts P P
14. Co-location of antenna or similar sending/receiving device on an existing tower or alternative tower structure
P P
15. Home occupations conducted completely inside the residence
P P
16. Accessory buildings and uses customarily incidental to uses 1-10 and 12-15 above
P P (except #2 and including #11)
17. Multiple-family dwellings SP ---
18. Residential dwellings on the second floor of commercial structures
SP ---
19. Gasoline / Service Station SP SP
20. Outdoor sales facilities SP SP
21. Places of worship and related religious buildings
SP SP
22. Child or adult daycare facilities serving more than six (6) clients
SP SP
23. Group foster care facilities SP SP
24. Convalescent or nursing homes SP SP
25. Carpentry, plumbing and electrical sales, services and contracting offices
SP SP
26. Transmission and communication towers SP SP
27. Commercial Wind Turbine Generator and Anemometer Towers
SP SP
28. Sand and gravel extraction SP SP
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29. Cottage industries conducted outside the residence in the yard, garage or accessory structure
SP SP
30. Any use permitted in the “C-2” district with a drive-through window
--- SP
31. Car Wash Facilities --- SP
32. Sale of Motor Vehicles --- SP
33. Warehouses and storage buildings, but not including bulk storage of flammable liquids and gases
--- SP
34. Accessory buildings and uses customarily incidental to uses 17 – 28 above
SP SP (uses 19 – 33
above) Source: Hayes Township Zoning Ordinance Comparison of Dimensional Requirements
Dimensional Requirement Neighborhood
Commercial (C-1) General
Commercial (C-2)
Minimum Lot Area 1 acre 2 acres
Minimum Lot Width 100 feet 100 feet
Minimum Front Yard Setback 35 feet 35 feet
Minimum Side Yard Setback 15 feet 15 feet
Minimum Rear Yard Setback 35 feet 35 feet
Minimum Square Footage N/A N/A
Maximum Impervious Surface 60% 60%
Source: Hayes Township Zoning Ordinance Existing Uses on the Subject Parcels and Surrounding Properties Please see the Land Use/Cover & Soil Map. The aerial imagery was taken in Spring 2017. Subject parcels: Both parcels are vacant; the land cover features trees and open grassy field Surrounding properties: To the north is the Charlevoix Country Club, to the west is the AmericInn hotel and the Boyne City to Charlevoix Non-motorized Trail, to the south is the Trail and open grassy and wooded areas and disturbed earth, but no development, to the southeast is also disturbed earth, but no development, and to the east is a landscape supply business.
For County PC review on March 1, 2018 4/5
Zoning of Surrounding Properties The parcels to the north are zoned Agricultural (A). The parcels to the west are zoned Neighborhood Commercial (C-1). The parcel to the south is split-zoned. The western portion is zoned Neighborhood Commercial (C-1) and the eastern portion is conditionally zoned General Commercial (C-2). Only residential storage buildings are permitted in the conditionally zoned area. The parcels to the east are zoned Neighborhood Commercial (C-1). Please see the attached zoning map for Hayes Township. Relationship to Master Plan The future land use map in the Hayes Township Master Plan designates this area as Mixed Use Residential. Following is a description of Mixed Use Residential from page 8-2 of the Master Plan:
“The Mixed Use Residential category is primarily designed to accommodate single-family, two-family, and multiple-family dwellings on lots varying in size. Higher density residential uses, such as apartments, townhouses, condominiums, convalescent or nursing homes, and manufactured home developments would be allowed provided the water and wastewater issues can be adequately addressed. Community uses such as parks, churches, schools, or cemeteries, in addition to golf courses, resorts, limited home-based businesses (utilizing space outside dwelling unit), and bed and breakfast facilities may also be allowed in this area if designed to be compatible with the residential setting. Small commercial businesses which serve the surrounding area would be allowed, provided they are compatible with the surrounding residential character.”
Soils Please see the attached Land Use/Cover & Soil Map.
Soil Symbol
Soil Name Slope Features affecting foundations
for low buildings Suitability for septic tank
disposal fields
CmB Charlevoix-Mackinac loams
0 to 6%
Somewhat poorly drained; seasonal high water table; slight to medium compressibility; poor to fair shear strength; cobbly in some areas
Severe limitations due to being somewhat poorly drained; seasonal high water table; moderate permeability; cobbly in some areas
AgB Alpena gravelly sandy loam
0 to 6% Well drained; slight compressibility; good shear strength
Slight limitations due to rapid permeability; possible contamination of shallow water supplies
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DeB Detour cobbly loam
0 to 6%
Somewhat poorly drained; seasonal high water table; slight to medium compressibility; poor to fair shear strength; cobbly
Severe limitations due to being somewhat poorly drained; seasonal high water table; moderately slow permeability; numerous cobblestones and stones
Source: USDA Soil Survey of Charlevoix County, MI Township Planning Commission Recommendation The Hayes Township Planning Commission recommended rezoning the property from Neighborhood Commercial (C-1) to General Commercial (C-2). Staff Comments The proposed rezoning does not comply with the Township Master Plan, which recommends Mixed Residential. The Master Plan supports some commercial uses in Mixed Residential as long as they’re compatible with surrounding residential uses. Comparing the uses allowed in C-1 and C-2, many of the same uses are allowed in both districts. However, some uses allowed in C-2 are not allowed in C-1. These tend to be heavier commercial uses that generate more traffic. Also, the residential uses allowed in C-1 are not permitted in C-2, which means that a rezoning to C-2 would be a step away from what the Master Plan recommends for this area. South of US-31, all of the surrounding parcels are zoned C-1 with the exception of a portion of the neighboring parcel to the southeast, which is conditionally zoned C-2 to only allow residential storage buildings. Prepared by:
Kiersten Stark Planning Coordinator
With mapping assistance from:
Emily Selph Charlevoix County Equalization Department
US 31 N
WALLER RD
MERC
ER R
D
BOYNE CITY RD
PA-BE-SHAN TRL
INDIAN TRAILSCLUBHOUSE DR
PINERIDGE DR
PETOSKEY AVE
TAYLOR RD
ANCE RD
PA-BE-SHAN LN
BURN
S RD
OLD
ORCH
ARD
RDMA
RTIN
RD
C & O CLU
B DR
MEANDERLINE RD
RASPBERRY LN
STON
EBRID
GE DR
CENT
RAL A
VE
MOUN
T MCS
AUBA
RD
COUNTRY CLUB DRMAPLE ST
EAST
ERN A
VE
CEDAR ST
BACK
NIN
E DR
WEST
ERN
AVE
STROUD CTDIVISION ST
CEDA
R LN
MERC
ER B
LVD
NORTH COUNTRY CLUB DR
PLEASANT ST
OAK ST
FAIR
WAY V
IEW
MCSA
UBA A
VE
BAY ST
WHIPP
OORW
ILL LN
COTTAGE LN
ELM ST
COUNTRY CLUB CT
INDIAN PL
GOLFSIDE DR
NORT
ONS R
D
LOPE
R LN
WIND
EBER
RY D
R
BOUL
DER
FARM
LN
Hayes Township Proposed RezoningFalls Enterprises/Charlevoix Club Park LLC
LOCATION MAP
Proposed Rezoning Area
± 0 1,250625 FeetCity of Charlevoix
Charlevoix Township
Hayes Township
Lake Charlevoix
Lake Michigan
DeB
CmB
DeB
Ep
Rc
GlB
DeB
AgB
CmB
RoB
McB
AgB
DeB
DeB
Ak
ArA
RoB
Hs
EaB
AgB
CmB
AgBHs
US 31 N
CLUBHOUSE DR
FAIR
WAY V
IEW
BACK
NIN
E DR
WALLER RD
FAIRWAY LN
COUNTRY CLUB DRWILLOW LN
PARK CIRCLE DR
Hayes Township Proposed RezoningFalls Enterprises/Charlevoix Club Park LLC
LAND USE/COVER & SOIL MAPProposed Rezoning Area
± 0 250 500125 Feet