CHEBOYGAN COUNTY PLANNING COMMISSION 870 SOUTH MAIN ST. PO BOX 70 CHEBOYGAN, MI 49721 PHONE: (231)627-8489 FAX: (231)627-3646 CHEBOYGAN COUNTY PLANNING COMMISSION MEETING & PUBLIC HEARING WEDNESDAY, MARCH 18, 2015 AT 7:00 PM ROOM 135 – COMMISSIONERS ROOM CHEBOYGAN COUNTY BUILDING, 870 S. MAIN ST., CHEBOYGAN, MI 49721 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES PUBLIC HEARING AND ACTION ON REQUESTS 1.) MICHAEL R. BROWN, BURDCO INCORPORATED /GARY E. DEVOE - Requests a Site Plan Review Amendment regarding revised parking for a medical office (Section 6.2.1 and Section 5.2.6.). The property is located at 3860 S. Straits Hwy., Tuscarora Township, Section 24, parcel #161-024-400-225-00 and is zoned Commercial Development (D-CM). 2.) BRENT MARLATT – Requests a Site Plan Review for an antique/consignment store (Section 6.2.19). The property is located at 6968 Van Etten Court, Tuscarora Township, Section 25, parcel #161-025-300-013-00 and is zoned Commercial Development (D-CM). UNFINISHED BUSINESS NEW BUSINESS 1.) Discussion regarding goals and objectives for Rural Stream Protection Zoning District. 2.) Discussion regarding setbacks on South Straits Highway STAFF REPORT PLANNING COMMISSION COMMENTS PUBLIC COMMENTS ADJOURN CHEBOYGAN COUNTY PLANNING COMMISSION 870 SOUTH MAIN ST., ROOM 103 PO BOX 70 CHEBOYGAN, MI 49721 PHONE: (231)627-8489 TDD: (800)649-3777 CHEBOYGANCOUNTYPLANNINGCOMMISSIONMEETING WEDNESDAY,MARCH4,2015AT7:00P.M. ROOM135–COMMISSIONER’SROOM‐CHEBOYGANCOUNTYBUILDING PRESENT: Bartlett,Freese,Kavanaugh,Borowicz,Croft,Ostwald,Lyon,Churchill,Jazdzyk ABSENT: None STAFF: ScottMcNeil GUESTS: JudyOstwald,BobLyon,SueAllor,TonyMatelski,CarlMuscott,JohnF.Brown,LindaDoan,RobertA.Doan Sr.,JohnMoore,BetsyHansen,JoeHebert,ShariVeller,RussellCrawford,CherylCrawford,BrianFullford ThemeetingwascalledtoorderbyChairpersonCroftat7:00pm. PLEDGEOFALLEGIANCE ChairpersonCroftledthePledgeofAllegiance. APPROVALOFAGENDA Themeetingagendawaspresented.MotionbyMr.Borowicz,secondedbyMr.Freese,toapprovetheagendaaspresented. Motioncarriedunanimously. APPROVALOFMINUTES TheFebruary18,2015PlanningCommissionminuteswerepresented.MotionbyMr.Churchill,secondedbyMr.Kavanaugh, toapprovethemeetingminutesaspresented.Motioncarriedunanimously. PUBLICHEARINGANDACTIONONREQUESTS DavidMarsh–RequestsaSpecialUsePermitforadditionstoaRestaurant/Bar.(Section10.3.).Thepropertyislocatedat 11900ScottRoad,EllisTownship,section31,parcel#210‐031‐300‐003‐00andiszonedLakeandStreamProtection(P‐ LS). Mr.McNeilreviewedthesiteplanandnotedthelocationoftheproposedadditionsandproposedoutdoorseating.Mr.McNeil statedtheoutdoorseatingwillhaveupto164seats.Mr.McNeilstatedthatparkingrequirementswillbemet.Mr.McNeil recommendedthatsoilandsedimentationrequirements,buildingsafetyrequirementsandhealthdepartmentrequirements shouldbemetiftherequestisapproved.Discussionwasheldregardingthenumberofparkingspaces. Mr. Fullford stated expansion of the existing parking lot with gravel will be a minimal change. Mr. Fullford stated the approachesandpavedapronsareexisting. Mr. Kavanaugh stated that the applicant noted in the application that the sewage and water will meet the standard. Mr. Kavanaughstatedthatthisrestaurant/barwassizedfor48seatsand4employeespreviously.Mr.Kavanaughstatedthere willbeasignificantincreasetothedrainfieldandsepticsystemthatcanbeworkedoutlaterasthereisplentyofroom.Mr. KavanaughstatedtherewillhavetobeDEQreviewforthewetlands.Mr.FullfordstatedhetalkedwithScottRasmussenfrom theDEQandhedidnotindicatethattherearewetlandsinthisarea.Mr.FullfordstatedthatMr.Rasmussenstatedtheremay bewetlandsalongtherailroadgradeandbytheriver.Mr.FullfordstatedhealsotalkedwithSusanConradsonwhoisthe floodplainengineer.Mr.Fullfordstatedheusedtheruleofthumbof4ft.toshowthefloodplain.Mr.Fullfordstatedthatis conservativeandthefloodplainmaybemovedclosertotheriver. Mr.Freesestatedthisisagreatimprovementandthisproposedexpansionisasolutionfortheovercrowdingproblemifthey canovercomethesepticproblemandDEQrequirements. Ms.Croftaskedforpubliccomments.Mr.DoanstatedhelivesonScottRoad.Mr.Doanstatedheisnotconcernedaboutthe parkingforcars.Mr.Doanstatedheisconcernedabouttheparkingforthe100snowmobilesthatcomeinthistimeofyear. Mr. Doan stated a year ago a tree fell down on a power line across the river from his property Mr. Doan asked what will Page1of5 happenifapowerlinefallsoncarsparkedinthisarea.Mr.Doanstatedhisconcernsregardingthefloodplainbeingmorethan whatwaspreviouslystated.Mr.Doanstatedhisconcernsregardinganeedforbathroomfacilitiesinthisarea. Publiccommentclosed. Boardhelddiscussion.Mr.Kavanaughsuggesteddesignatinganareaforsnowmobileparkingintheopenarea.Mr.Fullford statedthatareaisalreadydesignatedforsnowmobileparking. Ms. Lyon stated there was a concern regarding lighting on the deck. Ms. Lyon suggested that the Planning Commission conditiontheapprovalupondownwardlighting. ThePlanningCommissionreviewedandapprovedtheGeneralFindings.ThePlanningCommissionreviewedandapproved the Finding of Fact Under Section 18.7 and the Specific Findings of Fact Under Section 20.10. Motion by Mr. Kavanaugh, secondedbyMr.Ostwald,toapprovethespecialusepermitbasedontheGeneralFindings,FindingofFactUnderSection18.7 and the Specific Findings of Fact Under Section 20.10 subject to approvals from District Health Department #4, DEQ, Soil Erosion/Stormwater and Department of Building Safety and to submit a revised site plan showing the new sewage system, existing septic/dosing tanks, exterior downward lighting and designated snowmobile parking area. Motion carried unanimously. An Ordinance to amend the Cheboygan County Zoning Ordinance #200 to allow uses for tents, travel trailers, campers,recreationalvehiclesandundersizedmobilehomesoutsideofcampgroundsandtoallowoutdoorstorageof traveltrailers,campersandrecreationalvehiclesoutdoors Mr.McNeilnotedthatcopiesoftheproposedamendmentareavailableforthepublic.Mr.McNeilstateddefinitionswillbe addedforcaretaker,immediatefamily,undersizedmobilehome,tentandwatchman. Mr.McNeilreferredtosection17.7.1andexplainedthatthissectionprovideslanguagerelativetouseasatemporarydwelling duringconstructionofadwelling.Mr.McNeilstatedthatthissectionprovidesfora12monthperiodofuse,andasecond12 monthperiodofuseifthedwellingunderconstructionis50%ormorecompleteandforathird12monthperiodofuseifthe dwellingunderconstructionis75%ormorecomplete. Mr.McNeilexplainedthatsection17.7.2providesconditionsforuseofanundersizedmobilehomewithazoningpermitwhen usedasanofficeforacaretakerorwatchmanintheAgricultureandForestryManagement,CommercialDevelopment,Light IndustrialDevelopmentandGeneralIndustrialDevelopmentzoningdistricts. Mr.McNeilexplainedthatsection17.7.3providesconditionsforuseofanundersizedmobilehomewithazoningpermitwhen usedasanofficeforacaretakerorwatchmanintheAgricultureandForestryManagement,CommercialDevelopment,Light IndustrialDevelopmentandGeneralIndustrialDevelopmentzoningdistricts. Mr.McNeilexplainedthatsection17.7.4.providesforuseoftents,traveltrailers,campersorrecreationalvehiclesforvacation orhuntingstaysintheAgricultureandForestryManagementzoningdistrictwithoutalimitationonthenumberofcampersor a time limit and without a zoning permit. Mr. McNeil stated that conditions include meeting requirements of the Health Departmentandmeetingsetbackrequirements. Mr.McNeilexplainedthatsection17.7.5.providesforuseoftents,traveltrailers,campersorrecreationalvehiclesforvacation orhuntingstaysbytheownerandothersinallzoningdistrictsotherthanAgricultureandForestryManagement.Mr.McNeil explained that this section contains supplemental conditions which provide for use of one tent, travel trailer, camper or recreationalvehiclepereach½acreoflanduptoamaximumof4tents,traveltrailers,campersorrecreationalvehicles.Mr. McNeilstatedconditionsalsoincludemeetingrequirementsoftheHealthDepartment.Mr.McNeilnotedthatcampersareto bestoredasprovidedundersection17.7.A.whennotinuseintheLakeandStreamProtectionandResidentialDevelopment zoningdistricts. Mr.McNeilexplainedthatsection17.7.6.providesforfamilygettogethersandshortertermstaysoffriendsandrelatives.Mr. McNeilstatedthissectionallowsuptoamaximumof4tents,campersetc.forupto3periodsofupto21consecutivedays eachinacalendaryear.Mr.McNeilstatedapermitisnotrequiredbutsetbackrequirementsmustbemet. Mr.McNeilexplainedthatsection17.7.A.providesforoutdoorstorage.Mr.McNeilstatediftherearofthelotcanbeaccessed thecamperistobestoredattherearofthelot.Mr.McNeilexplainedthatthecampercanbestoredinthesidelotlinesifthe rearlotcan’tbeaccessed.Mr.McNeilstatedthissectionalsoprovidesfortheabilitytostorethecamperonavacantlot.Mr. Page2of5 McNeilstatedthatonanon‐waterfrontlotitwouldhavetobestoredontherear½ofthevacantlot.Mr.McNeilstatedthe camper would have to bestoredonthe half ofthe lot furthest awayfrom thewaterona waterfront lot. Mr. McNeil stated storageisnotallowedonawaterfrontlotifthelotdoesnotmeettheminimizelotsizerequirement.Mr.McNeilstatedstorage ofacampermustmeetsetbackrequirementsandifstoredwithin30ft.ofasidelotlinetheremustbea6foothighsolidfence orhedgeornaturalfoliagesufficienttoprovidescreeningfromviewofthesidepropertyline. Mr. Kavanaugh noted that the Planning Commission decided at a previous meeting to include state law regarding camping whichrestrictsthenumberofunitsto4.Mr.KavanaughstatedthePlanningCommissionaddedthissotheydidnotmislead thepublicintobelievingtheycouldhavemorethan4camperspersite. Mr. Muscott referred to section 17.7.5 and asked if there is a time restriction. Mr. McNeil stated there is no time limit. Discussionwasheld. An audience member asked if he would be able to pull a permit to camp if he is doing landscaping. Mr. McNeil stated this wouldbefineaslongasitdoneundertheprovisionsoftheordinance. Publiccommentclosed. MotionbyMr.Freese,secondedbyMr.Borowicz,toforwardtheproposedamendmentregardingcampingtotheCheboygan CountyBoardofCommissionersforconsiderationattheearliestpossibledatebasedonthePlanningCommissionhavingheld threepublichearings,receivingwrittencommentsandpubliccommentsandconductingasurveyregardingcamping.Motion carriedunanimously. UNFINISHEDBUSINESS Considerationtosetapublichearingregardingzoningordinanceamendmentrelativetodecksandporchesallowed inarequiredsetback Mr.McNeilstatedthisproposedamendmentprovidesfordecksthatmeettheminimumrequirementsofthebuildingcodeto beallowedintherequiredsetbackareaintheCommercialDevelopmentzoningdistrict.Mr.McNeilstatedthatthecurrent9sf allowance for a porch or deck in a required side setback in all other zoning districts will remain. Motion by Mr. Freese, secondedbyMr.Kavanaugh,toscheduleapublichearingforApril15,2015ontheamendmentrelativetodecksandporches allowedinarequiredsetback.Motioncarried. NEWBUSINESS ReviewofaproposedordinanceamendmentbyBurtTownship Mr.McNeilstatedBurtTownshipisproposingachangeintheirdefinitionforsignareawhichwouldbeforthesametermthat is sign surface area in the Cheboygan County Zoning Ordinance. Mr. McNeil stated he does not see any conflicts with the Cheboygan County Zoning Ordinance or Master Plan. Mr. Freese stated he did not see any issues with the proposed amendment.Ms.CroftaskedMr.McNeiltonotifyBurtTownshipthatthePlanningCommissiondoesnothaveanyissueswith theproposedamendment. DraftZoningOrdinanceAmendmentRegardingRequiredParkingForClinics Mr.McNeilstatedheprovidedthePlanningCommissionwithaproposedamendmentandcomparableinformationregarding otherzoningjurisdiction’srequirementsformedicalclinicparking.Mr.McNeilstatedheusedtheproposedclinicinIndian Riverasanexample.Mr.McNeilstatedthatheprovided18examplesofparkingrequirementsfromtheAmericanPlanning Association and 5 examples of parking requirements from neighboring jurisdictions. Mr. McNeil stated he also provided a copyofaparkingstudy.Mr.McNeilstatedifalloftheserequirementsareappliedtheresultsrangefromalowof36toahigh of93withanaverageof55parkingspaces.Mr.McNeilstatedheisproposingtochangethecurrentordinancerequirements formedicalclinicsanddentalclinicsfrom4parkingspacesperexamortreatmentroomto1.5parkingspacesperexamor treatmentroom.Mr.McNeilstatedheisnotrecommendingachangetotherequirementof1parkingspaceperemployeeon the largest working shift. Mr. McNeil stated 65 parking spaces would be required forthe proposed clinicin Indian River if usingtheproposedrequirements. Mr.FreesestatedtheZoningBoardofAppealstabledthevariancerequestattheirlastmeeting.Mr.Freesebelievesthatthere isnowaythattheZoningBoardofAppealscouldgrantthevariancebasedonthefivecriteriathathadtobeaddressed.Mr. Freese stated there was plenty of space available on the lot for parking. Mr. Freese stated the question is whether the regulation is too restrictive. Mr. Freese stated there is basis for changing the regulation based on the material that the applicantprovided.Mr.FreesestatedhehasresearcheddentalandmedicalclinicsinCheboyganCountyandEmmetCounty. Mr.Freesestatedhefoundthataparkingspaceforeachemployeewasrequiredonthesmallerunits(5‐15employees)witha Page3of5 5dayworkweek.Mr.Freesestatedtherecommendationof1.5parkingspacesisnotenough.Mr.Freesestatedsmallclinics doublebookandhebelievesthat2parkingspacesperroomwouldberealistic.Mr.Freesenotedthat78parkingspaceswould be required for the proposed medical clinic based on these criteria. Mr. Freese recommended changing the proposed regulationtooneperemployeeonthelargestshiftandtwoperexamroomortreatmentroom.Mr.Kavanaughstatedhedid researchandcameupwiththesamerecommendationof2parkingspacesperroomduetodoublebooking.Mr.Kavanaugh statedthischangewouldreducetherequirementsignificantly.Mr.McNeilnotedthatmostoftheexamplesusesquarefootage andtheydonotrefertoemployees.MotionbyMr.Kavanaugh,secondedbyMr.Freese,tochangetheregulationto2parking spacesperexamortreatmentroomand1parkingspaceperemployeeonthelargestworkingshiftandtoscheduleapublic hearingfortheproposedamendmentforApril15,2015.Boardhelddiscussion.Mr.Jazdzykreferredtotheparkingstudyand notedthat50organizationswereusedandtheydeterminedanumberthatislessthan2parkingspaces.Mr.Freesestated thatbasedonthecriteriainthestudytherewouldn’tbeenoughparkingforemployeesletaloneclientsforsmallclinicsinthis area.Mr.Jazdzykquestionedhow50clinicscouldbeincludedinthesurveyandhowthepeopleconductingthestudywould notseethattherewouldbeanissuewithsmallclinics.Mr.Kavanaughbelievesthat2parkingspaceswouldbesufficientif youtakedoublebooking,employeesandthenumberofexam/treatmentroomsintoconsideration.Mr.Kavanaughnotedthat thischangewouldreducetheproposedclinicsparkingbyapproximately40%.Discussionwasheld.Mr.Freesenotedthatthe Cheboygan County ZoningOrdinance covers all sizes of clinics. Mr. Freese explained that if you calculate parking based on squarefootageyouwillnotevenhaveenoughparkingforemployeesforsmallclinicsinthisarea.Mr.Ostwaldstatedthatthis muchparkingmaynotbeneededinbiggercitiesastheremaybeothermethodsoftransportationsuchasbuses.Mr.Jazdzyk stated there is not a lot of data. Mr. Borowicz stated if this is a useful survey they must include places where public transportationisavailable.Mr.Churchillnotedthatadditionalparkingisavailableonthestreet.Motioncarriedunanimously. STAFFREPORT Mr. McNeil stated on the next Planning Commission agenda there will be a discussion regarding setbacks on South Straits Highwayandalsoadiscussionregardinggoalsettingontheruralstreamzoningdistrict. PLANNINGCOMMISSIONCOMMENTS Nocomments. PUBLICCOMMENTS Mr.Ridleystatedheisfrustratedasthemedicalclinicprojecthascomeclosetomovingforward.Mr.Ridleystatedthecriteria presented by Mike Brown and Tom Lemon demonstrated that they had a reasonable parking plan. Mr. Ridley stated 1.5 parkingspacessoundedreasonableandthenallofasuddenitwaschangedto2parkingspacesandnowtheapplicanthasto resubmitthesiteplan.Mr.Ridleystatedtheownercouldhavesplitthelotandputtheotherparcelissomeoneelse’sname. Mr.Ridleystatedhisconcernsthattheownerpaidover$80,000anacreandthebacksectionwillnowhavetobedesignated asagravelparkinglot.Mr.RidleystatedheisfrustratedthattheapplicantwillhavetogotothePlanningCommissiontwo timesandtheZoningBoardofAppealsonetimetohavethisprojectmoveforwardandtobeabletoopenbyOctober1,2015. Mr.KavanaughexplainedthatthetimeframewouldstillbethesameanditdidnotmatterifthePlanningCommissiondecided on1.5or2parkingspaces.Mr.KavanaughstatedthePlanningCommissionismakinggreatstridesintryingtotakecareofthis project. Mr. Kavanaugh stated in some cases the Planning Commission would look at the entire ordinance in regards to parkinganditwouldthentakemonthsbeforeitwassenttotheCheboyganCountyBoardofCommissioners.Mr.Kavanaugh stated this is a reasonable change for the Planning Commission to make. Ms. Croft noted that the applicant knew the requirements of the Zoning Ordinance. Ms. Croft explained that the applicant submitted the site plan to the Planning CommissionpriortorequestingavariancefromtheZoningBoardofAppeals.Discussionwasheld.Mr.Ostwaldquestionedif theapplicantreallybelievestheopeningdateofOctober1,2015isreallypossible.Mr.Ridleystatedthatthisisthedatethat theyhavetoldhim.Mr.KavanaughexplainedthatthePlanningCommissionislookingatdecreasingthenumberofparking spacesandtheparkingareacanbegravel.Mr.Kavanaughstatediftheparkingisreducedevenfurthertheapplicantwillbe abletotakeadvantageofthechange.Mr.Kavanaughstatedthecurrentparkingrequirementformedicalclinicsisoutofline. Mr.Churchillstatedthisprojectshowedthereisaproblemwithsomeoftheordinance.Mr.Borowicznotedthattheapplicant wasabletomeettheparkingrequirementsattheprevioussitewithanaccommodationofmovingtheemployeeparkingoff site.Mr.Borowiczstatedthattheparkingrequirementsarenotnew. Ms.Vellerapologizedforshowinguplate.Ms.VellerstatedshewaslatetothelastPlanningCommissionmeetingwherethere was a discussion regarding camping. Ms. Veller stated her concerns that she is able to make comments after the camping amendment was passed. Ms. Veller stated this is a waste of her time to come to the meeting as the amendment has been approvedwithouthercomments.Ms.CroftexplainedthattheamendmenthasbeenrecommendedtotheCheboyganCounty BoardofCommissionerswhohavewillmakethefinaldecision.Ms.VellerreferredtoSection3(AdditionofSection17.7.A) and stated that it does not say that Agriculture/Forestry Management is excluded from this section. Ms. Veller stated she believesthissectionappliestoallzoningdistricts.Mr.McNeilstatedthissectiondoesapplytoallzoningdistricts.Ms.Veller Page4of5 askedifacamperwillhavetobestoredontheback10acresofa20acreparcelifitisstoredforthewinter.Mr.McNeilstated theownercanleavethecampersetup.Ms.VellerreadSection17.7A“Anunoccupiedtraveltrailer,camper,orrecreational vehiclemaybestoredoutdoorswithoutazoningpermitbytheownerthereofontheirownproperty,providedthefollowing requirementsaremet.”Ms.VellerreadSection17.A.2“Whena traveltrailer,camper,orrecreationalvehicleisstoredona vacant non waterfront lot, the travel trailer, camper, or recreational vehicle shall be stored on the one half (1/2) of the lot furthestfromtheroad.”Mr.McNeilstatedthisisforwhenthecamperisbeingstoredandnotbeingusedforvacationstaysor huntingstays.Mr.McNeilstateditisadifferentsituationifsomeoneiscominguponweekendsandtheywillbeallowedto keepitup.Ms.Vellerstatedinthewinternooneisthere.Ms.Vellerstatedthatthecamperhaswater,sewer,andelectricand isbasicallyamobilehomewithouttaxes.Ms.Vellerstatedtheownersarenotbadpeoplebuttheyarethereallsummerlong anditisapartyspot.Ms.Vellerstateditaffectsherpropertyvalues.Ms.Vellerstatedthecampersitsvacantallwinterlong andquestionedwhythepropertyownerwouldnothavetofollowtheordinance.Mr.McNeilstatedthepropertyownerwould havetofollowtheordinanceiftheheisnotconsistentlyusingthecamperforvacation/huntingstays.Mr.McNeilstatedthey wouldjusthavetocloseupthecamperandleaveitwhereitisiftheyarecomplyingwiththesetbackrequirements.Ms.Veller notedthatthecampermustbestoredonthehalfofthelotfurthestfromtheroad.Mr.McNeilstatedagreedwithMs.Veller. Ms.Velleraskedifahedgewouldhavetobeputupifthecamperisstoredwithin30ft.ofthepropertyline.Mr.McNeilstated yes. Ms.VellerstatedshelivesinCheboyganandshewouldlovetoseeamedicalclinicinIndianRiver.Ms.Vellerstatedthereare notenoughdoctorsinCheboygantoaccommodateallofthepeoplewhoareseekinghealthcareinthearea.Ms.Vellerstated that there are normally more exam rooms than there are doctors and patients. Ms. Veller stated her concerns regarding requiringtwoparkingspacesforeveryexamroomandnotedthatalloftheexamroomswillnotbeusedeveryday. ADJOURN MotionbyMr.Kavanaughtoadjourn.Motioncarried.Meetingwasadjournedat7:59pm. _________________________________________________________ CharlesFreese PlanningCommissionSecretary Page5of5 CHEBOYGAN COUNTY PLANNING COMMISSION Gary E. Devoe / Michael R. Brown – Burdco Incorporated – Revised 03/04/15 Exhibit List 1. Cheboygan County Zoning Ordinance 2. Cheboygan County Master Plan 3. Site Plan Review Application (7 Pages) 4. E-Mail Dated 03/02/15 From Michael R. Brown To Scott McNeil (1 Page) 5. Site Plan Dated 03/02/15 (1 Page) The following items were added to the exhibit list on 03/04/15: 6. E-mail dated 03/03/15 from David Carpenter, Tuscarora Township Fire Chief (1 Page) 7. E-mail dated 03/03/15 from Brent Shank, Cheboygan County Road Commission (1 Page) 8. Preliminary Building Floor Plan Dated 12/16/14 (1 Page) 9. Preliminary Building Elevations Dated 12/16/14 (1 Page) 10. 11. 12. 13. 14. 15. Note: Zoning Board of Appeals members have exhibits 1 and 2. Exhibit 3 Deborah Tomlinson From: Michael R. Brown [mailto:mbrown@burdco.com] Sent: Monday, March 02, 2015 10:59 AM To: Scott McNeil Subject: FW: Auxiliary Parking - Indian River Scott, Attached please find 1. Amendment Application for above reference Site Plan 2. Amended Site Plan 3. Proof of payment which was mailed on Friday 2‐27 Note the following: a)Full size copy of amended plan is being mailed to you today b)I would like the amended application to be based on the amended site plan but conditioned on being able eliminate all “auxiliary parking and associated auxiliary elements i.e. sidewalk, retention etc..” on this plan if/when the zoning ordinance is amended as relates to medical office parking requirements. The intent of this condition would be that we would not have to appear before the planning commission again once the zoning ordinance has been amended. Michael R. Brown BURDCO INCORPORATED 231-941-9074 Office 231-947-9135 Facsimile 231-218-4923 Cellular 1222 Veterans Drive, Suite A Traverse City, MI 49684 mbrown@burdco.com www.burdco.com Exhibit 4 Exhibit 5 Deborah Tomlinson From: Dave Carpenter [mailto:dpcarpenter@voyager.net] Sent: Tuesday, March 03, 2015 9:28 AM To: Deborah Tomlinson Subject: Re: Burdco Inc./Devoe - Site Plan Review Amendment Application Good Morning Deb, I don’t see any concerns regarding the Fire Department. Thanks, David Carpenter Fire Chief Exhibit 6 Deborah Tomlinson From: Brent Shank [mailto:mgr@chcrc.com] Sent: Tuesday, March 03, 2015 10:55 AM To: Deborah Tomlinson Subject: Re: Burdco Inc./Devoe - Site Plan Review Amendment Application Debbie, We have reviewed the plan for the entrances onto the county roads. I have spoke with Benckmark Engineering about our concerns also. The driveway for the gravel parking lot would have to be paved. We have requested that the driveway on Burchfield closest to S Straits Hwy have concrete curb and gutter installed. The reason for this is to keep the gravel from getting into the paved areas of the road and driveway and to protect the edge of pavements. With these comments in mind, the Road Commission is satisfied with the proposed plan. A driveway permit would be issued based on the proposed plan. Thank you, Brent Shank Engineer/Manager Cheboygan County Road Commission mgr@chcrc.com (231) 238‐7775 Exhibit 7 838 W. Long Lake #250 Bloomfield Hills, MI 48302 248 540-5940 Fax 248 540-4820 Email:pai@progressiveassociates.com STAFF VEST. & COAT RM. 14' x 8' PROGRESSIVE NORTH L.L.C. 425 Michigan St. Suite #3 Petoskey, MI. 49770 231 487-9290 Fax 231 487-9299 Email:ciron@charter.net STOR. RM. 7' x 10' STAFF MENS LAV. PROCEDURE JANITOR RM. PATIENT LAV #1 STAFF WOMENS LAV. NURSE STA. #1 8' x 8'-6" OB-GYN SUITE 16' x 10' Issued For: PRELIM. REVIEW 12.16.14 EXAM #2 9'-6" x 11' JANITOR 5' x 6' MECH. / ELECT. 9' x 10' PROCEDURE #2 10' x 16' EXAM #1 9'-6" x 11' 5' w. CORRIDOR DOCTORS OFFICE STAFF BREAK RM. 8' x 7' EXAM #9 5' w. CORRIDOR 10' x 10' DOCTORS OFFICE #1 8' x 7' 13-9" x 21'-3" MAMMOGRAPHY 10'-2" x 9' X-RAY IT CLST 8' x 8'-6" 7'-6" x 7' EXAM #10 10' x 10' PATIENT UNISEX LAV. MENS LAV. WOMENS LAV. EXAM #12 EXAM #13 PHLEBOTOMY EXAM #1 WAITING 10' x 10'-10" 8' x 7' (2) 2'x4' CLOSET CABINET STORAGE UNITS EXAM #11 10' x 10' 10' x 10' 10'-10" x 10' 10' x 10' EXAM #8 DOCTORS OFFICE #5 5' w. CORRIDOR 11' x 13'-7" CHANGING 5' x 5' 16'-5" x 12'-4" 5'-6"w. CORRIDOR NURSE STA. #1 5'-6"w. CORRIDOR 10' x 10' 5'-3" x 8' 10' x 10' MEDICAL CLOSET WORK RM. SUPERVISOR OFFICE 10' x 10' 10' x 10' (2) PERSON REFERRAL OFFICE 6' w. CORRIDOR EXAM #2 NURSE STA. #5 WAITING 6' w. CORRIDOR 10' x 10' 5' w. CORRIDOR PEDIATRICS SUITE EXAM #3 10'-8" x 10' 11' x 9'-2" MEDICAL CLOSET EXAM #7 10' x 10' 5' w. CORRIDOR FAMILY PRACTICE SUITE MEDICAL CLOSET 5'-6"w. CORRIDOR X-RAY OBSEVATION WAITING 5'-6"w. CORRIDOR SCALES CHECK OUT CHECK OUT T 10' x 10' U 7' x 10' SECURE TOILET BUSINESS / RECEPTION O NURSE STATION PATIENT UNISEX LAV. K MEDICAL CLOSET EC 11'-6" x 9' 10' x 10' PATIENT LAV #2 DOCTORS OFFICE #4 NURSE STA. #4 EXAM #6 7' x 8' 5'-3" x 8' 10' x 10' 5'-3" x 8' DOCTORS OFFICE #2 11'-5" x 23'-5" EXAM #2 NURSE STA. #1 7' x 8' CH MECH. / ELECT. DOCTORS OFFICE #1 (2) PERSON PHONES 5' -6"w. CORRIDOR NURSE STA. #2 7' x 8' 5'-3" x 8' WAITING PATIENT LAV #1 5'-6"w. CORRIDOR 10'-9" x 8'--8" DOCTORS OFFICE #3 NURSE STA. #3 7' x 8' 5'-3" x 8' 11' x 9'-2" CHECK IN WALK-IN CLINIC / SPECIALIST SUITE 5'-6"w. CORRIDOR 5' w. CORRIDOR PROCEDURE #1 10' x 16' PROCEDURE 16' - 3"x 10' EXAM #5 EXAM #4 EXAM #3 EXAM #1 EXAM #1 EXAM #2 EXAM #3 EXAM #4 EXAM #5 10' x 10' 10' x 10' 10' x 10' 10' x 10' 10' x 10' 10' x 10' 10' x 10' 10' x 10' 10' x 10' VEST. WHEEL CHAIR STORAGE WHEEL CHAIR STORAGE Project: Proposed Medical Office Building Indian River, Michigan Sheet Title: PRELIMINARY MEDICAL BUILDING FLOOR PLAN SCALE: 1/8" = 1'-0" BUILDING AREA = 12,340 GROSS SQ. FT. 0 5' 10' 20' Exhibit 8 Preliminary Building Floor Plan Project Number: 14-016 Drawn: CI Checked: PN / PA Date: 12.16.14 Sheet Number: A2 838 W. Long Lake #250 Bloomfield Hills, MI 48302 248 540-5940 Fax 248 540-4820 Email:pai@progressiveassociates.com PROGRESSIVE NORTH L.L.C. 425 Michigan St. Suite #3 Petoskey, MI. 49770 231 487-9290 Fax 231 487-9299 Email:ciron@charter.net Issued For: PRELIM. REVIEW 02.02.15 PRELIMINARY MEDICAL BUILDING EAST ELEVATION SCALE: 1/8" = 1'-0" Project: Proposed Medical Office Building Indian River, Michigan Sheet Title: Preliminary Building Elevations Project Number: 14-016 Drawn: CI Checked: PN / PA Date: 12.16.14 Sheet Number: Exhibit 9 A3 CHEBOYGAN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT CHEBOYGAN COUNTY BUILDING 870 S. MAIN STREET, PO BOX 70 CHEBOYGAN, MI 49721 PHONE: (231)627-8489 FAX: (231)627-3646 www.cheboygancounty.net/planning/ STAFF REPORT Item: Site Plan Review Amendment (relative to required parking) for new Medical Clinic facility. Date: March 11, 2015 Prepared by: Scott McNeil Expected Meeting Date: March 18, 2015 GENERAL INFORMATION Applicant: Michael Brown – Burdco Inc. Owner: Gary DeVoe Contact person: Michael Brown Phone: 231-218-4923 Requested Action: Approval of site plan review amendment relative to additional proposed parking for proposed Medical Clinic. BACKGROUND INFORMATION Introduction: The applicant is seeking a site plan review amendment which provids the required parking spaces in conjunction with proposed construction of structures and site improvements for a medical clinic use. The Planning Commission approved a site plan for the subject on February 18 conditioned upon gaining a variance from the Zoning Board of Appeals to allow 70 parking spaces. The Zoning Board of Appeals has not granted a variance to allow 70 parking spaces. The amended site plan provides for the required number of parking spaces (132). Other than the added parking and associated drainage facilities the site plan remains the same as previously approved. The subject property is zoned Commercial Development District (D-CM) which is currently improved with a laundry establishment. Medical clinic is a permitted use per sections 6.2.1. and 5.2.6. Current Zoning: Commercial Development District. (D-CM) Surrounding Land Uses: Commercial uses to the east and west. Commercial and residential uses to the north and south. Environmentally Sensitive Areas (steep slopes, wetlands, woodlands, stream corridor, floodplain): There are no known sensitive areas on the site. . Historic buildings/features: There are no historic buildings or historic features on this site. Traffic Implications Existing driveway locations are proposed for Burchfield Road and South Straits Hwy. Due to the subject on South Straits Hwy., a minimal impact is anticipated relative to traffic. Parking: Section 17.6 relative to medical clinics provides for 1 parking space for each employee on the largest shift and 4 spaces for each examination/treatment room. Based on the floor plan submitted I have identified eight 23 examination rooms and 4 procedure rooms which requires 108 parking spaces. The applicant has indicated that there will be a maximum of 24 employees which requires 24 parking spaces. As a result, a total of 132 parking spaces are required. The amended site plan provides for 132 parking spaces. Access and street design: (secondary access, pedestrian access, sidewalks, residential buffer, ROW width, access to adjacent properties) Access to the site is facilitated by two (2) proposed driveways located on Burchfield Road and a driveway on South Straits Highway. Signs Sign locations are indicated on the site plan. No sign specifications have been submitted. A zoning permit for signs will be required. Fence/Hedge/Buffer No new fence, hedge or other type of buffer is proposed nor required. All surrounding property is zoned Commercial Development District. Lighting The site plan provides for eight (8) light poles to be placed along the proposed parking areas. Based on the application submitted all lighting is to be directed on to the subject site. Stormwater management Stormwater management facilities are proposed on the site plan. Permits are required under the Cheboygan County Stormwater Control Ordinance and are under review by Mr. Hank Jankoviak, Soil Erosion Officer. Review or permits from other government entities: Permits will be required under the Cheboygan County Stormwater Control Ordinance and from the Health Department, Department of Building Safety, and the Cheboygan County Road Commission. Recommendations (proposed conditions)Approval under the Cheboygan County Stormwater Control Ordinance and from the Health Department, Department of Building Safety, and the Cheboygan County Road Commission. CHEBOYGAN COUNTY PLANNING COMMISSION SITE PLAN REVIEW Wednesday, March 18, 2015, 7:00 PM Applicant Mr. Michael Brown Burdco Inc. 1222 Veterans Dr, Traverse City , Mi. 49684 Owner Gary DeVoe 19076 Park Lane Grosse Ile, Mi. 48438 Parcel 3860 S. Straits Hwy. Tuscarora Township 161-024-400-225-00 GENERAL FINDINGS 1. The property is located in a Commercial Development (D-CM) zoning district. 2. The proposed use of the subject property is medical clinic which is a permitted use in a D-CM zoning district pursuant to sections 6.2.1 and 5.2.6. 3. The applicant is seeking approval of an amendment to a site plan which was approved by the Planning Commission on February 18, 2015. 4. 5. SPECIFIC FINDINGS OF FACT UNDER SECTION 20.10 OF THE ZONING ORDINANCE The Planning Commission makes the following findings of fact as required by section 20.10 of the Zoning Ordinance for each of the following standards listed in that section: a. The site plan shall be designed so that there is a limited amount of change in the overall natural contours of the site and shall minimize reshaping in favor of designing the project to respect existing features of the site in relation to topography, the size and type of the lot, the character of adjoining property and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this Ordinance. 1. The site plan proposes a limited amount of change to the natural contours of the site in order to facilitate stormwater management. (see exhibits 3 and 5) 2. 3. Standard has been met. Or; 1. 2. Standard has not been met. b. The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal, and by topographic modifications which result in smooth natural appearing slopes as opposed to abrupt changes in grade between the project and adjacent areas. 1. There are no trees are on the site. 2. The site plan proposes a limited amount of change to the natural contours of the site in order to facilitate stormwater management. (see exhibits 3 and 5) 3. 4. Standard has been met. Or; 1. 2. Standard has not been met. c. Special attention shall be given to proper site drainage so that removal of storm waters will not adversely affect neighboring properties. 1. The site plan proposes a limited amount of change to the natural contours of the site in order to facilitate stormwater management. (see exhibits 3 and 5) 2. 3. Standard has been met. Or; 1. 2. Standard has not been met. d. The site plan shall provide reasonable, visual and sound privacy for all dwelling units located therein. Fences, walls, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of its occupants. 1. Not applicable. No dwelling units are proposed. e. All buildings or groups of buildings should be so arranged as to permit emergency vehicle access by some practical means 1. The site plan provides for emergency vehicle access via parking lots on the east and west sides of the building. (see exhibit 5) 2. Access to the site is facilitated by driveways proposed to be located on Burchfield Road and South Straits Hwy. (see exhibit 5) 3. 4. Standard has been met. Or. 1. 2. Standard has not been met. f .Every structure or dwelling unit shall have access to a public street, walkway or other area dedicated to common use. 1. Access to the site is facilitated by driveways proposed to be located on Burchfield Road and South Straits Hwy which are under the jurisdiction of the Cheboygan County Road Commission. (see exhibit 5) 2. 3. Standard has been met. Or; 1. 2. Standard has not been met. g. For subdivision plats and subdivision condominiums, there shall be a pedestrian circulation system as approved by the Planning Commission. 1. This is not applicable. No subdivision plats and subdivision condominiums are proposed. h. Exterior lighting shall be arranged as follows: a. It is deflected away from adjacent properties, b. It does not impede the vision of traffic along adjacent streets and c. It does not unnecessarily illuminate night skies. 1. Eight (8) outdoor light fixtures are proposed to illuminate the parking area. (see exhibit 5) 2. The proposed lighting will be deflected away from adjacent properties, will not impede the vision of traffic along Mackinaw Hwy. and will not illuminate night skies. (see exhibit 3) 3. 4. Standard has been met. Or. 1. 2. Standard has not been met. i. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. Streets and drives which are part of an existing or planned street pattern which serves adjacent development shall be of a width appropriate to the traffic volume they will carry and shall have a dedicated right-of-way equal to that specified in the Master Plan.. 1. Not applicable. No public common ways are proposed. j. Site plans shall conform to all applicable requirements of state and federal statutes and the Cheboygan County Master Plan, and approval may be conditioned on the applicant receiving necessary state and federal permits. 1. This site plan will conform to the Master Plan, zoning ordinance, and any applicable state and federal laws. 2. 3. Standard has been met. (see exhibit 2, 3 and 5) Or; 1. 2. Standard has not been met. DECISION TIME PERIOD FOR JUDICIAL REVIEW State law provides that a person having an interest affected by the zoning ordinance may appeal a decision of the Planning Commission to the Circuit Court. Pursuant to MCR 7.101 any appeal must be filed within twenty-one (21) days after this Decision and Order is adopted by the Planning Commission. DATE DECISION AND ORDER ADOPTED Wednesday, March 18, 2015 ___________________________________________ Patty Croft, Chairperson ___________________________________________ Charles Freese, Secretary CHEBOYGAN COUNTY PLANNING COMMISSION Brent Marlatt – Revised 03/11/15 Exhibit List 1. Cheboygan County Zoning Ordinance 2. Cheboygan County Master Plan 3. Site Plan Review Application (7 Pages) 4. West Elevation (1 Page) 5. Floor Plan Sketch (1 Page) 6. E-mail dated 03/03/15 from Brent Marlatt to Scott McNeil (1 Page) 7. Warranty Deed Dated 05/15/13, L1233 P866 (1 Page) 8. Site Plan Dated 02/16/15 (1 Page) The following items were added to the exhibit list on 03/11/15: 9. Drain Plan (1 Page) 10. 11. 12. 13. Note: Zoning Board of Appeals members have exhibits 1 and 2. CHEBOYGAN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT CHEBOYGAN COUNTY BUILDING 870 S. MAIN STREET, PO BOX 70 CHEBOYGAN, MI 49721 PHONE: (231)627-8489 FAX: (231)627-3646 www.cheboygancounty.net/planning/ STAFF REPORT Item: Approval of a site plan for resale store in Prepared by: a Commercial Development district. Scott McNeil Date: March 9, 2015 Expected Meeting Date: March 18, 2015 GENERAL INFORMATION Introduction: The applicant is seeking site plan review approval for a resale business. The applicant proposes several additions to an existing structure located in Commercial Development (D-CM) zoning district. The applicant proposes to sell general resale items along with furniture and appliances. Retail sales establishment, Specialty, is a permitted use in a D-CM district per section 6.2.19. Applicant: Bret Marlatt Contact person: Same Phone: 231-675-0041 Requested Action: Approval of a site plan to allow resale business. BACKGROUND INFORMATION Current Zoning: Current zoning is Commercial Development District (D-CM) Surrounding Land Uses: Surrounding land uses are commercial to the northwest, south and west. Residential to the northeast and vacant to the east. Environmentally Sensitive Areas (steep slopes, wetlands, woodlands, stream corridor, floodplain): No environmentally sensitive areas have been identified. Historic buildings/features: There are no historic buildings in the subject area. Traffic Implications The subject is located on South Straits Highway. The business will have minimal effect on traffic conditions. Parking Section 17.6 requires 1 parking space per 250 s.f. of usable floor area for the retail use and 1 parking space for furniture and appliance sales. The applicant has provided a floor plan with the area for general items and furniture and appliances indicated. The subject building contains 2,496 s.f. of retail floor area (see exhibit 5) . Based on my review there is 1011 s.f. of floor area proposed for furniture and appliance sales requiring 2 parking spaces, and 1485 s.f. of floor area proposed for general items requiring 6 parking spaces. The applicant has indicated that there will be no employees. As a result 8 parking spaces are required based on my review. The site plan provides for 8 parking spaces. Access and street design: (secondary access, pedestrian access, sidewalks, residential buffer, ROW width, access to adjacent properties) Street assess to this site for customers is provided from South Straits Highway. Signs The applicant indicates a freestanding sign with 40 s.f. of sign surface area and 10 ft. in height in the application. Location of the sign is in the northwest corner of the property on the site plan. The sign meets requirements under section 17.19. Fence/Hedge/Buffer No fence, hedge or buffer is proposed nor required. Lighting No lighting improvements are proposed Stormwater management Earth changes are proposed for construction of a gravel parking area and driveway. Changes to the overall topography of the area will be minimal. The applicant indicates use of existing slope and sandy soils. A Drain Plan has been submitted (see exhibit 9). The Drain Plan has been reviewed and approved by Hank Jankoviak, Soil and Sedimentation Officer. A permit issued under the Cheboygan County Soil Sedimentation and Stromwater Control ordinance will be required. Review or permits from other government entities: Approval by the Cheboygan County Road Commission and Health Department will be required. Approval by the Department of Public Safety and Soil Erosion will also be required. Public comments received None Recommendations (proposed conditions) Approval by the Cheboygan County Road Commission, Health Department, Department of Public Safety and Soil Erosion. CHEBOYGAN COUNTY PLANNING COMMISSION SPECIAL USE PERMIT REQUEST Wednesday February 18, 2015, 7:00 PM Applicant Mr. Brent Marlatt 5850 S. Rainbow Trail Indian River , Mi. 49749 Owners Same Parcel Tuscarora Township 6968 Van Etten Court. 161-025-300-013-00 GENERAL FINDINGS 1. The subject property is zoned Commercial Development District (D-CM). 2. The applicant is seeking site plan review approval for a resale store use pursuant to Section 6.2.19. Retail sales establishment, Specialty. 3. The applicant is seeking a waiver of the topography survey requirement. 4. 5. SPECIFIC FINDINGS OF FACT UNDER SECTION 20.10 OF THE ZONING ORDINANCE The Planning Commission makes the following findings of fact as required by section 20.10 of the Zoning Ordinance for each of the following standards listed in that section: a. The site plan shall be designed so that there is a limited amount of change in the overall natural contours of the site and shall minimize reshaping in favor of designing the project to respect existing features of the site in relation to topography, the size and type of the lot, the character of adjoining property and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this Ordinance. 1. Limited changes to the overall contours of the site are proposed (see exhibit 3) 2. 3. Standard has been met. Or. 1. 2. Standard has not been met. b. The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal, and by topographic modifications which result in smooth natural appearing slopes as opposed to abrupt changes in grade between the project and adjacent areas. 1. Minimal trees are proposed to be removed. Minimal topographic modifications are proposed. (see exhibit 3) 2. 3. Standard has been met. Or. 1. 2. Standard has not been met. c. Special attention shall be given to proper site drainage so that removal of storm waters will not adversely affect neighboring properties. 1. Approval under the Cheboygan County Soil Sedimentation and Stormwater Control Ordnance will be required. 2. A drain plan has been submitted (see exhibit 9) 3. Removal of storm waters shall not adversely affect neighboring properties. (see exhibit 3 and 9) 4. 5. Standard has been met. Or. 1. 2. Standard has not been met. d. The site plan shall provide reasonable, visual and sound privacy for all dwelling units located therein. Fences, walls, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of its occupants. 1. Not applicable. No Dwelling units are proposed. e. All buildings or groups of buildings should be so arranged as to permit emergency vehicle access by some practical means. 1. A practical means for access by emergency vehicle is provided via driveways from South Straits Highway and Van Etten Court. (see exhibit 5) 2. 3. Standard has been met. Or. 1. 2. Standard has not been met. f. Every structure or dwelling unit shall have access to a public street, walkway or other area dedicated to common use. 1. The structures on the subject site have access to South Straits Highway. (see exhibit 5) 2. 3. Standard has been met. Or. 1. 2. Standard has not been met. g. For subdivision plats and subdivision condominiums, there shall be a pedestrian circulation system as approved by the Planning Commission. 1. Not applicable. No subdivision plats or subdivision condominiums are proposed. h. Exterior lighting shall be arranged as follows: a. it is deflected away from adjacent properties, b. it does not impede the vision of traffic along adjacent streets and c. It does not unnecessarily illuminate night skies. 1. Exterior lighting shall be deflected away from adjacent properties, will not impede the vision of traffic along adjacent streets and will not unnecessarily illuminate night skies. (see exhibit 3) 2. 3. Standard has been met. Or. 1. 2. Standard has not been met. i. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. Streets and drives which are part of an existing or planned street pattern which serves adjacent development shall be of a width appropriate to the traffic volume they will carry and shall have a dedicated right-of-way equal to that specified in the Master Plan. 1. Not applicable. No public common ways are proposed. j. Site plans shall conform to all applicable requirements of state and federal statutes and the Cheboygan County Master Plan, and approval may be conditioned on the applicant receiving necessary state and federal permits. 1. The site plan conforms to applicable requirements of the Cheboygan County Master Plan and shall conform to all applicable requirements of state and federal statutes. (see exhibits 2, 3and 14 through 33) 2. 3. Standard has been met Or. 1. 2. Standard has not been met. DECISION TIME PERIOD FOR JUDICIAL REVIEW State law provides that a person having an interest affected by the zoning ordinance may appeal a decision of the Planning Commission to the Circuit Court. Pursuant to MCR 7.101 any appeal must be filed within twenty-one (21) days after this Decision and Order is adopted by the Planning Commission. DATE DECISION AND ORDER ADOPTED March 18, 2015 ___________________________________________ Patty Croft, Chairperson _____________________________________ Charles Freese, Secretary CHEBOYGAN COUNTY PLANNING & ZONING DEPARTMENT 870 S. MAIN ST., RM. 103 PO BOX 70 CHEBOYGAN, MI 49721 PHONE: (231)627-8489 FAX: (231)627-3646 To: Cheboygan County Planning Commission From: Scott McNeil, Planner Subject: Development of a zoning ordinance amendment for proposed Rural Stream Protection (PRS) zoning district. Date: March 11, 2015 In order to draft a proposed ordinance amendment establishing a new zoning district along perennial streams I am recommending that the Planning Commission discuss elements of a purpose statement and identify issues to be addressed. Below is a list of suggested goals or objectives which could be addressed within such an amendment that has been developed by staff for Planning Commission’s review and input: • • • • Identify purpose (i.e. blend appropriate uses with surrounding zoning districts, protect streams and stream ecosystems, protect stream banks from erosion, protect fish habitat, maintain natural features, provide adequate public access.) Identify boundaries of the proposed district. (distance from stream) Provide for appropriate uses which blend with those allowed in neighboring Agriculture and Forestry Management, Residential Development and Lake and Stream Protection zoning districts. Identify possible tools to meet purpose (i.e. buffers, select tree cutting, review under the Soil and Sedimentation Ordinance, setbacks, use specific conditions)
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