COMMISSION LETTER #091-11 MEETING DATE: AUGUST 22, 2011

TO: MAYOR AND CITY COMMISSION AUGUST 17, 2011

FROM: KATHIE S. GRINZINGER, CITY MANAGER SUBJECT: PUBLIC HEARING ON THE CONDITIONAL REZONING OF THE PROPERTY LOCATED

AT 210 W. PICKARD The City Commission scheduled and will hold a public hearing at the August 22, 2011, meeting to receive input from residents on a proposal to conditionally rezone property at 210 West Pickard. This address is the long-time location of the former Chippewa Beverage Company and contains approximately 28 acres of land, an office building, and other warehouse and plant facilities. The owner/applicant is requesting a conditional rezoning from Industrial-1 to Commercial-3, General Business for the former office building and the immediate grounds. The applicant proposes housing a yoga studio, related retail shop, and tea room in the space. Director of Planning and Community Development Jeff Gray has prepared the attached memo for the Commission and has enclosed other documents originally prepared for the Planning Commission to consider at their July 7, 2010, meeting. The Planning Commission reviewed the request, held a public hearing and recommends approval of a conditional rezoning agreement to the City Commission. Once the City Commission completes the public hearing, it is recommended consideration and approval be granted to the agreement as drafted. The conditional rezoning agreement has already been reviewed by the City Attorney. KSG/ap

MEMORANDUM

TO: Kathie Grinzinger, City Manager Rich Morrison, Community Services Director FROM: Jeffrey M. Gray, AICP Director of Planning and Community Development DATE: July 18, 2011 SUBJECT: Request to Conditionally Rezone 210 W. Pickard (Case ZC-11-02) The Planning Commission received an application to amend the City’s official zoning map by conditionally rezoning a portion of the property at the former Chippewa Beverage Company, located at 210 W. Pickard, from I-1, Industrial to C-3, General Business. The location is shown on the map included in the attached memorandum to the Planning Commission. If approved, the land immediately surrounding the former office building would be rezoned to allow the building to be used for a yoga studio, tea room, and related retail. The rezoning would allow for the relocation and expansion of the Om Bodies yoga studio that is currently located in the Downtown. On July 7, 2011, the Planning Commission held a public hearing on the request. The applicant presented the matter and answered questions from the Planning Commission. Several written comments of support were received in advance of the meeting and several spoke in support of the request at the meeting. An excerpt of the minutes is attached. The applicant has presented several stipulations that they would be willing to offer as conditions to their rezoning request, including the stipulation that the building would only be used for the yoga studio, tea room and related retail; should that business discontinue, the property would revert to its current I-1 zoning. Based on the materials and testimony submitted, the Planning Commission concluded that the applicant’s request was appropriate and therefore recommended that the property in question be rezoned. Requested Action: At the July 25, 2011 City Commission meeting, present the Planning Commission’s recommendation and request that the City Commission set a public hearing for August 22, 2011 to consider the conditional rezoning of a portion of the property located at 210 W. Pickard from I-1, Industrial to C-3, General Business. Attachments: 1. Memorandum to the Planning Commission dated June 29, 2011 2. Attorney memo and revised Conditional Rezoning Agreement 3. Excerpt of draft minutes of the July 7, 2011 Planning Commission meeting 4. Proposed Ordinance

CONDITIONAL REZONING AGREEMENT

This Conditional Rezoning Agreement is made this day of , 2011, by the City of Mount Pleasant, a Michigan municipal corporation of 320 West Broadway Street, Mt. Pleasant, Michigan 48858 (the "City"), and Chippewa Beverage Company - Michael Otterbine of 210 West Pickard Street, Mt. Pleasant, Michigan 48858 (the "Developer").

RECITALS

A. The Developer is the owner of the Industrial Building Located at 210 West Pickard Street, Mt. Pleasant, Michigan 48858, as is more particularly described on the attached Exhibit A (Subject Parcel).

B. The Subject Parcel is currently Zoned [- I - Industrial pursuant to Section 154.084 of the City's zoning ordinance.

D. The Owner desires to rezone the C-3 Portion of the Subject Parcel from 1- I to C-3 under the City's zoning ordinance. The purpose of this proposed rezoning is to allow a the owner to have their Yoga Studio, related Retail Sale and Tea Room. These type of uses would be allowed under the C-3 zoning.

E. The Developer has voluntarily offered, in writing, a specific use and development plan for the Subject Parcel as a condition to its rezoning from I- I to C-3.

F. The Developer appeared before the City's Planning Commission on _:--_,--_ _ __ , 2011 and the Planning Commission approved and agreed to the uses and conditions as presented by the Developer and as set forth in th.is Agreement.

G. The City Commission has reviewed and considered the Developer's offer of conditional rezoning concluding that it provides for an orderly, well-planned and economic use of the Subject Parcel, and that the self-imposed conditions offered by the Owner will be beneficial to the City and the public.

H. This Conditional Rezoning Agreement is being entered into pursuant to and in accordance with the terms and conditions set forth in Section 405 (MCL 125.3405) of the Michigan Zoning Enabling Act, being Act 110 of the Public Acts of 2006, as amended, MCL 125.3101 et seq.

TERMS AND CONDITIONS In exchange for valuable consideration and the rights and covenants under this Agreement, the parties agree as follows:

I. Rezoning and Amendment to the Zoning Map. Subject to all terms and conditions contained within this Agreement and the provisions of Section 154.067 of the City's zoning ordinance, a portion of the Subject Parcel, as described in Exhibit B, shall be rezoned from I-I Industrial to C-3 General Business. The Zoning Map for the City, relative to the land described in Exhibit B, shall be amended to reflect the rezoning classification as set forth in this paragraph.

2. Conditions Related to the Conditional Rezoning. This Conditional Rezoning of the Subject Parcel from I-I to C-3 as shown on Exhibit A is subject to the following conditions. The existing +1- 6,250 square foot structure will be remodeled to house 3 types of uses and only these uses. The Northern +1- 40 percent of the structure will house a Yoga Studio/Classroom. The center +1- 30 percent of the structure will be remodeled to house a related Retail Sales space and the Southern +1- 30 percent of the structure will house a Tea Room. The Tea Room wi II serve non-alcoholic beverages and food.

3. Voluntary Act of Developer. The Developer acknowledges that it is voluntarily offering to use and develop the C-3 portion of the Subject Parcel in the manner required under this Agreement and that the City is approving the use and development of the C-3 Portion of the Subject Parcel in the manner set forth in this Agreement as a condition to the rezoning of the C-3 Portion of the Subject Parcel from I- I to C-3.

4. Time Limitations and Measurement of Compliance. Subject to weather restnctlOns, the proposed improvements to the Subject Parcel and the C-3 Portion of the Subject Parcel contained within paragraph 2 above will be completed by the Developer no later than 12 months from the date of this Agreement.

5. Breach of Agreement. Because of the unique circumstances ofthis Agreement, the Developer understands and agrees that if the Developer fails to fulfill its obligations under this Agreement, the City will suffer irreparable damage, and that available remedies, including the awarding of monetary damages, will not put the City in the same position it would have been in if the Agreement terms and conditions were fulfilled by the Developer. As such, the Developer agrees that specific performance and injunctive relief are appropriate remedies for a breach of this Agreement.

If the Developer fails to comply with the terms and conditions of this Agreement, in addition to all other remedies available at law or in equity, the City shall have the right to seek specific performance and injunctive relief to compel the fulfillment of such terms and conditions. At its option, the City Commission, after a hearing at which the Developer shall have an opportunity to show cause, may additionally determine that the C-3 Portion of the Pickard Street Property shall revert back to its former I-I zoning classification in the event of a breach of this Agreement by the Developer.

All remedies in this Agreement are cumulative of all other remedies available at law or in equity. Remedies may be exercised simultaneously or sequentially. The failure to initially use any remedy is not a waiver of that remedy. The failure of either party to act upon any breach of this Agreement shall not be deemed a waiver of that breach.

6. Compliance with the Zoning Ordinance and Other Regulations. The use of the C-3 Portion of the Subject Parcel and the Remainder of the Subject Parcel by the Developer shall comply with all other applicable rules, regulations, mandates or requirements under the City' s zoning ordinance, unless a variance is sought and approved as permitted.

7. Recording of Agreement. The parties agree that after execution of this Agreement, the City shall record the Agreement and all attached Exhibits with the Isabella County Register of Deeds.

8. Binding Effect. This Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties and their representatives, assigns or successors and may not be modified without both parties' prior written approval.

9. Interpretation. This is the entire Agreement between the parties as to its subject matter. This Agreement is to be construed and interpreted under the laws of the State of Michigan. The captions are for reference only and shall play no part in the interpretation of this Agreement. However, the recitals are an integral part of this Agreement.

The parties have caused this Agreement to be executed as of the date first above written.

CITY OF MOUNT PLEASANT

By: ___________ _ _ Bruce Kilmer, Mayor

By: ____________ _ Jeremy Howard, City Clerk

Chippewa Beverage Company Michael Otterbine

By: ____________ _

By: _____________ ___

STATE OF MICHIGAN COUNTY OF ISABELLA

This document was acknowledged before me on , 2011, by Bruce Kilmer, Mayor, and by Jeremy Howard, City Clerk of the City of Mount Pleasant, (who are both personally known to me) on its behalf.

* Notary Public, Isabella County, MI Acting in Isabella County, MI My commission expires: _ __________ _

STATE OF MICHIGAN COUNTY OF ISABELLA

On , 2011 , Michael Otterbine, personally known to me as the Owner of 21 0 West Pickard Road acknowledged and signed this document.

* Notary Public, Isabella County, MI Acting in Isabella County, MI My commission expires: ___________ _

Authorized by City Commission Resolution No. _ adopted ____________ ,2011.

Drafted by and when recorded return to: Timothy Bebee, CMS&D 1985 Parkland Drive Mt. Pleasant, Michigan 48858 989-775-0756

ORDINANCE NO. ________ AN ORDINANCE TO AMEND THE ZONING MAP OF CHAPTER 154: ZONING ORDINANCES OF THE CODE OF ORDINANCES. IT IS HEREBY ORDAINED BY THE PEOPLE OF THE CITY OF MT. PLEASANT: Section 1: That Chapter 154: Zoning Ordinances, is hereby amended as follows: (a) Conditionally rezone a portion of the property located at 210 W. Pickard Street from I-­1, Industrial to C-­3, General Business with the Conditional Rezoning Agreement offered by the applicant. The property is legally described as: A PARCEL OF LAND IN THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 10, T14N.-­R.4 W., CITY OF MT PLEASANT, ISABELLA COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS: TO FIX THE POINT OF BEGINNING, COMMENCE AT THE SOUTH ¼ CORNER OF SAID SECTION;; THENCE S.89°-­36’-­55” W., ON AND ALONG THE SOUTH LINE OF SAID SECTION, 190.90 FEET;; THENCE N.00°-­23’05” W., PERPENDICULAR TO SAID SOUTH SECTION LINE, 126.22 FEET TO THE SOUTHWEST CORNER OF THE PARCEL TO BE CONDITIONALLY REZONED;; THENCE N 10°-­21’-­07” W., 182.00 FEET;; THENCE N 79°-­38’53” E., 59.00 FEET;; THENCE S 10°-­21’-­07” E., 182.00 FEET;; THENCE S 79°-­38’-­53”W., 59.00 FEET BACK TO THE POINT OF BEGINNING, CONTAINING 0.25 ACRES OF LAND.

(b) That the Zoning Map be corrected to reflect the change in subsection (a) above.

Introduced and read the _____ day of __________, 2011. Passed, ordained and ordered published this ____ day of __________, 2011.