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Traverse City Planning Commission Regular Meeting
October 5, 2021
7:00 pm
Commission Chambers, Governmental Center
400 Boardman Avenue
Traverse City, Michigan 49684
Posted:
The City of Traverse City does not discriminate on the basis of disability in the admission to, access to, treatment in, or employment in, its programs or activities. Penny Hill, Assistant City Manager, 400 Boardman Avenue, Traverse City, Michigan 49684, phone 231-922-4440, TDD/TTY 231-922-4412, VRS 231-421-7008, has been designated to coordinate compliance with the non-discrimination requirements contained in Section 35.107 of the Department of Justice regulations. Information concerning the provisions of the Americans with Disabilities Act, and the rights provided thereunder, are available from the ADA Coordinator.
If you are planning to attend and you have a disability requiring any special assistance at the meeting and/or if you have any concerns, please immediately notify the ADA Coordinator.
The City of Traverse City is committed to a dialog that is constructive, respectful and civil. We ask that all individuals interacting verbally or in writing with the Commission honor these values.
Planning Commission:
c/o Shawn Winter, Planning Director
(231) 922-4778
Web: www.traversecitymi.gov
400 Boardman Avenue
Traverse City, MI 49684
Page 1 of 56
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Welcome to the Traverse City Planning Commission meeting!
Agenda
Page 1. CALL TO ORDER
2.
ROLL CALL
3.
ANNOUNCEMENTS
4.
APPROVAL OF MINUTES
A. Approval of the September 8, 2021 Regular meeting minutes and
the September 21, 2021 Special meeting minutes. (approval recommended) Planning Commission Regular Meeting - 08 Sep 2021 - Minutes
Planning Commission Special Meeting - 21 Sep 2021 - Minutes
5 - 14
5.
OLD BUSINESS
A. Public hearing for the consideration of a staff initiated amendment
to Section 1320.07 Definitions and Section 1346.01 Uses Allowed to allow for schools, colleges and universities in the C-4 Regional Center District (downtown). Public hearing for the consideration of a staff initiated amendment to Section 1320.07 Definitions and Section 1346.01 Uses Allowed to allow for schoo - Pdf
15 - 21
6.
NEW BUSINESS
A. Consideration of a request received from Cambium Analytica for a
formal text amendment request to allow for "Marihuana Safety Compliance Facilities" in the C-4 district (for introduction and to set a Public hearing). Consideration of a request received from Cambium Analytica for a formal text amendment request to allow for "Marihuana Safety Compliance Facilities" i - Pdf
23 - 44
B. Consideration of a request received from Richard Weaver to
rezone the property commonly known as 630 W. Fourteenth Street from a C-1 Office Service District to a C-2 Neighborhood Center District (for introduction and to set a Public hearing).
45 - 56
Page 2 of 56
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Consideration of a request received from Richard Weaver to rezone the property commonly known as 630 W. Fourteenth Street from a C-1 Office Service Di - Pdf
7.
REPORTS
A. Board of Zoning Appeals - Commissioner Hassing
B. City Commission - Commissioner McGillivary and Commissioner
Minervini
C. Grand Traverse Commons Joint Planning Commission -
Commissioner Shaw
D. Riparian Buffer Zone Ordinance Committee - Commissioner Shaw,
Commissioner Dituri and Commissioner Fleshman
E. Planning Department
8.
PUBLIC COMMENT
9.
ADJOURNMENT
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Minutes of thePlanning Commission for the City of Traverse City
Regular MeetingWednesday, September 8, 2021
A regular meeting of the Planning Commission of the City of Traverse City was called to order at the Commission Chambers, Governmental Center, 400 Boardman Avenue, Traverse City, Michigan, at 7 p.m. The following Commissioners were in attendance: Planning Commissioner AnnaMarie Dituri, Planning Commissioner Janet Fleshman, Planning Commissioner David Hassing, Commissioner Brian McGillivary, Planning Commissioner Christophyer Martin, Planning Commissioner Heather Shaw, and Fire Chief Jim Tuller The following Commissioners were absent: Commissioner Christie Minervini Chairperson Hassing presided at the meeting.
(a) CALL TO ORDER(1) Chairperson Hassing called the meeting to order at 7:00 p.m..
(b) ROLL CALL(1) Ms. Bilbey called the roll for the Planning Commission.
(c) ANNOUNCEMENTS(1) There were no announcements.
(d) APPROVAL OF MINUTES(1) Approval of the June 1, 2021 Regular meeting minutes, June 15, 2021 Special
meeting minutes, July 20, 2021 Special meeting minutes and the August 17, 2021 Special meeting minutes. (approval recommended)That the June 1, 2021 Regular meeting minutes, June 15, 2021 Special meeting minutes, July 20, 2021 Special meeting minutes and the August 17, 2021 Special meeting minutes be approved.
Moved by Jim Tuller, Seconded by AnnaMarie Dituri
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Yes: AnnaMarie Dituri, Jim Tuller, Janet Fleshman, David Hassing, Brian McGillivary, Christophyer Martin, and Heather Shaw
Absent: Christie MinerviniCARRIED. 7-0-1 on a recorded vote
(e) OLD BUSINESS(1) Public Hearing for Consideration of Staff Initiated Zoning Map and Zoning
Ordinance Text Amendment to the R-9, R-15, and R-29 Multiple Family Dwelling Districts to be Rezoned to a Newly Established R-3 Multiple Family Dwelling District with Changes to the Development Standards and Subsequent Effective Chapters.
Mr. Winter gave a presentation to the Planning Commission. Ms. Bilbey read a letter from Commissioner Minervini. Planning Commission discussion. The following addressed the Planning Commission: Christine Crissman, The Watershed CenterNorm Schmidt, Traverse City residentBarb Zupin, 205 Seventh Street, Traverse CityTJ Andrews, The Watershed CenterDebbie Rigiani, City ResidentErwin Schlagel, 322 W 15th Street, Traverse CityDan Reel, 500 E. State Street, Traverse CityDarcy Pickman, 916 Seventh Street, Traverse CitySam Flamont, 1719 Apache Pass, Traverse CityRyan Hannon, non-city residentJanice Benson, W. Seventh Street, Traverse CityKristine Allie, City business owner The Public hearing was closed. Planning Commission discussion. Motion by Commissioner Tuller, Seconded by Commissioner Fleshman that this item this be tabled until a future date to address Planning Commission questions regarding stormwater run-off.
Moved by Jim Tuller, Seconded by Janet Fleshman
Yes: AnnaMarie Dituri, Janet Fleshman, David Hassing, Brian
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McGillivary, Christophyer Martin, Heather Shaw, and Jim TullerAbsent: Christie Minervini
CARRIED. 7-0-1 on a recorded vote(2) Public Hearing for Consideration of Staff Initiated Zoning Ordinance Text
Amendment to the R-2 Two Family Dwelling District to Allow up to Four Dwelling Units Per Lot with Changes to the Development Standards and Subsequent Effective Chapters
Planning Commission discussion The Public hearing was opened. The following addressed the Planning Commission: Fred Nelson, 209 Sixth Street, Traverse CityMichael Jackson, 217 Sixth Street, Traverse CityAdrien Rossi, 312 W. Seventh Street, Traverse CitySam Flamont, Apache Pass, Traverse CityFred Anderson, 410 Wadsworth, Traverse CityDeni Scrudato, 422 E. State Street, Traverse CityBarb Zupin, 205 Seventh, Traverse CityLinda Lichty, 715 Pine Street, Traverse CityMitchell Treadwell, 620 W Seventh Street, Traverse City The Public hearing was closed.
(f) NEW BUSINESS(1) There being no objection, new business began at 10:15 p.m..
(2) Consideration of a Staff Initiated Amendment to Allow for Schools in the C-4 District, for introduction and to set a public hearing
Mr. Winter provided and overview to the Planning Commission regarding the amendment. The following addressed the Planning Commission: Jean Derenzy, CEO, DDA Planning Commission discussion. The following addressed the Planning Commission:
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Tom Darga, 109 East Front, Traverse CityMitchell Treadwell, 620 W Seventh Street, Traverse CityKeenan Armor, 1001 Cass Street, Traverse City Planning Commission discussion. I move that the staff initiated text amendment to allow for schools in the C-4 District be introduced and set for Public hearing on October 5, 2021.
Moved by Brian McGillivary, Seconded by Jim Tuller
Yes: AnnaMarie Dituri, Janet Fleshman, David Hassing, Brian McGillivary, Christophyer Martin, Heather Shaw, and Jim Tuller
Absent: Christie MinerviniCARRIED. 7-0-1 on a recorded vote
(3) Discussion on Adult Use Marijuana Retailer regulations and potential overlay district
Mr. Winter provided an overview of the current conversations regarding adult use marijuana retailers Planning Commission discussion. The following addressed the Planning Commission: Mitchell Treadwell, 620 W Seventh Street, Traverse City
(g) REPORTS(1) Board of Zoning Appeals - Commissioner Hassing
Chairperson Hassing reported.
(2) City Commission - Commissioner McGillivary and Commissioner Minervini
No report.
(3) Grand Traverse Commons Joint Planning Commission - Commissioner Shaw
Commissioner Shaw reported.
(4) Riparian Buffer Zone Ordinance Committee - Commissioner Shaw, Commissioner Dituri and Commissioner Fleshman
Commissioner Dituri reported.
(5) Planning Department
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No report.
(h) PUBLIC COMMENT(1)
There was no public comment.
(i) ADJOURNMENT(1) There being no objection, Chairperson Hassing adjourned the meeting at 10:45
p.m..
Heather Shaw, Secretary
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Minutes of thePlanning Commission for the City of Traverse City
Special MeetingSeptember 21, 2021
A special meeting of the Planning Commission of the City of Traverse City was called to order at the Commission Chambers, Governmental Center, 400 Boardman Avenue, Traverse City, Michigan, at 7 p.m. The following Commissioners were in attendance: Planning Commissioner AnnaMarie Dituri, Planning Commissioner Janet Fleshman, Planning Commissioner David Hassing, Commissioner Brian McGillivary, Commissioner Christie Minervini, and Planning Commissioner Heather Shaw The following Commissioners were absent: Planning Commissioner Christophyer Martin and Fire Chief Jim Tuller Chairperson Hassing presided at the meeting.
(a) CALL TO ORDER(1) Chairperson Hassing called the meeting to order at 7:00 p.m..
(b) ROLL CALL(1) Ms. Bilbey called the roll for the Planning Commission.
(c) ANNOUNCEMENTS(1) Mr. Winter announced the information for the September 28, 2021 Risk
Management Training class.
(d) TOPICS FOR CONSIDERATION(1) Consideration of Staff Initiated Zoning Map and Zoning Ordinance Text
Amendment to the R-9, R-15, and R-29 Multiple Family Dwelling Districts to be Rezoned to a Newly Established R-3 Multiple Family Dwelling District with Changes to the Development Standards and Subsequent Effective Chapters.
Mr. Winter reviewed the changes to the proposed amendment.
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Planning Commission discussion. The following addressed the commission: Kevin Malone, 507 6th Street, Traverse CityBarb Zupin, 205 7th Street, Traverse CityMitchell Treadwell, 620 W 7th Street, Traverse CityJan Cleland, 211 W 12th Street, Traverse CityMary Mills, 424 N Elmwood Street, Traverse CityAdrienne Rossi, 312 7th Street, Traverse City Planning Commission discussion. I move that the staff initiated amendments to the Traverse City Zoning Map and the following sections of the Traverse City Zoning Ordinance be recommended to the City Commission for approval:Chapter 1336, R-9, R-15, and R-29 Multiple Family Dwelling District;Chapter 1320, Section 1320.07: Definitions;Chapter 1326, Section 1326.01: Designation of Districts;Chapter 1338, Section 1338.01: Uses Allowed;Chapter 1340, Section 1340.01: Uses Allowed;Chapter 1356, Section 1356.01: Uses Allowed;Chapter 1358, Section 1358.01: Uses Allowed;Chapter 1364, Section 1364.01: Types of Special Land Use Permit Review, Section 1364.08: Special Land Use Permits Granted by the City Commission;Chapter 1368, Section 1368.01: Building Height, Section 1368.02: Setbacks, Yards; Section 1368.03: Lot Width, Lot Area, Impervious Surface and Density Requirements;Chapter 1372, Section 1372.03: Standards and Materials; andChapter 1378, Section 1378.02: Wind Energy Systems Will Be Allowed in the Following Districts with Restrictions, and Section 1378.03: Solar Energy Systems Will Be Allowed in the Following Districts with Restrictions.Incorporating amendments as discussed by the Planning Commission to Section 1336.04(e) and 1369.03 as written by staff and reviewed by the City Attorney.
Moved by AnnaMarie Dituri, Seconded by Christie Minervini
Yes: AnnaMarie Dituri, Janet Fleshman, David Hassing, Brian McGillivary, Christie Minervini, and Heather Shaw
Absent: Christophyer Martin and Jim TullerCARRIED. 6-0-2 on a recorded vote
(2) Consideration of Staff Initiated Zoning Ordinance Text Amendment to the R-2 Two Family Dwelling District to Allow up to Four Dwelling Units Per Lot with Changes to the Development Standards and Subsequent Effective Chapters
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Mr. Winter reviewed the changes made to the proposed ordinance. Planning Commission discussion. Barb Zupin, 205 7th Street, Traverse CityAdrienne Rossi, 312 7th Street, Traverse CityKevin Malone, 507 6th Street, Traverse CityJan Cleland, 211 W 12th Street, Traverse City Planning Commission discussion.I move that the staff initiated amendments to the following sections of the Zoning Ordinance of the Traverse City Code of Ordinances be recommended to the City Commission for approval:
Chapter 1334, R-2 Two Family Dwelling Districts; Chapter 1322, Section 1322.01 Land Use Permits; Chapter 1326, Section 1326.01 Designation of Districts; Chapter 1364, Section 1364.01 Types of Special Land Use Permits,
Section 1364.08 Special Land Use Permits Granted by the City Commission, and Section 1364.09 Administrative Special Land Use Permits;
Chapter 1366, Section 1366.01 Site Plans Required; Site Diagrams, Waiver;
Chapter 1368, Section 1368.03 Lot, Width, Lot Area, Impervious Surface and Density;
Chapter 1372, Section 1372.01 Compliance Required; Chapter 1374, Section 1374.03 Motor Vehicle Parking, and Section
1374.04 Driveways and Access Requirements; Chapter 1375, Section 1375.07 Submission Requirements; and Chapter 1378, Section 1378.02 Wind Energy Systems will be Allowed in the
Following Districts with Restrictions, and Section 1378.03 Solar Energy Systems will be Allowed in the Following Districts with Restrictions,
and as amended by staff.
Moved by AnnaMarie Dituri, Seconded by Christie Minervini
Yes: AnnaMarie Dituri, David Hassing, and Christie MinerviniNo: Janet Fleshman, Brian McGillivary, and Heather ShawAbsent: Christophyer Martin and Jim Tuller
DEFEATED. 3-3-2 on a recorded vote
(e) PUBLIC COMMENT(1) There was no public comment.
(f) ADJOURNMENT(1) There being no objection, Chairperson Hassing adjourned the meeting at 10:20
p.m..
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Heather Shaw, Secretary
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Memorandum
TO:
COPY:
FROM: Shawn Winter, Planning Director
MEMO DATE: September 30, 2021
SUBJECT:
Public hearing for the consideration of a staff initiated amendment to Section 1320.07 Definitions and Section 1346.01 Uses Allowed to allow for schools, colleges and universities in the C-4 Regional Center District (downtown).
EXECUTIVE SUMMARY: A public hearing will be held to gather input on the proposed zoning ordinance text amendment to allow schools and colleges/universities in the C-4 Regional Center District. After the close of the public hearing and deliberation, if the Planning Commission supports the proposed amendment, then a motion to recommend approval to the City Commission would be appropriate. Overview Multiple educational institutions have expressed interest to City and DDA staff in located an operation in downtown. Public schools are for all intents and purposes exempt from zoning regulations. However, private schools are not and therefore need to be listed as an allowable use in order to operate in a district. Incorporating schools as a use in downtowns does occur in many cities across the state and country, and can provide a number of benefits. Those benefits may include:
• Downtown often becomes an extended classroom – students become helpful and important stewards of the Downtown
• Students contribute to the local workforce • Location is easily accessible – through walking, biking and transit (most
suburban schools are not) • The school becomes a focal point for the community and a neighborhood anchor
– space is often used after school hours for a number of school/community events and activities
• Able to better tap into existing infrastructure • Teen and “Tween” Gen Z kids (ages 10-17), account for $44 billion in
discretionary spending each year. Most is spent on entertainment, food and
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clothing (which we have in Downtown Traverse City) which can assist in economic development.
• Schools would bring people, both students and their parents, downtown throughout the approximately 10-month school calendar, including the winter months when the population and market serving our downtown businesses decline.
• With the ongoing conversation of concentrated alcohol-related businesses downtown, schools would add an additional offering to our balance of uses downtown, one that is not alcohol-related.
Institutions of higher education, such as colleges and universities, share many of the advantages listed above, as well as:
• Serve as a catalyst for commercial, cultural, and creative growth • It’s a benefit for the college – “competitive differentiators”
The zoning ordinance does not currently allow schools in the C-4 district, but does allow them in numerous districts. They are an allowed use in the NMC-1 and NMC-2 districts with no special regulations. They are also allowed through a special land use permit in the R-1a, R-1b, R-2, R-9, R-15, R-29, C-1, C-2, C-3, and GP districts. The special land use regulations for schools in these districts are outlined in Section 1364.08(11):
a. The use is located in an R-1a, R-1b, R-2, R-9, R-15, R-29, C-1, C-2 C-3 or GP district.
b. A Master Site and Facilities Plan is submitted to and approved by the Planning
Commission showing:
a. Existing facilities and planned facilities for the ensuing 5 years. b. Adequate street crossing facilities, pedestrian routes and projected
number of pedestrians.
c. Sufficient areas for motor vehicle and bus circulation routes, together with areas for pick up and drop off of students.
d. If child care use is provided, the facilities for such use shall be designated
in the plan, together with the child care hours of operation.
e. The building and parking area shall not exceed 70 percent of the lot area.
c. A traffic study must be submitted to the Planning Commission. Given the development pattern and form of the built environment in the C-4 district, staff recommends the use be allowed by right as opposed through a special land use permit. This is reinforced through consistency with the master plan, which states the intent of the TC-5 Downtown Neighborhood future land use category as follows:
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The TC-5 Downtown Neighborhood is the most formally and intensely developed of the two types of commercial neighborhoods. The focus is on high intensity, regional, commercial activity. The overall level of intensity generated within the confines of each district in this class of neighborhood tends to be the highest of commercial uses.
In other words, the downtown core is intended for high intensity uses. Furthermore, the C-4 district already allows by right such high intensity uses that often have large numbers of people arriving and departing at similar times without any additional special requirements or approval processes, including auditoriums, convention centers, public markets (e.g. famers markets), places of worship, preschools, theaters, and performance art centers. However, where the addition of schools in the C-4 is viewed as a benefit in providing beneficial diversity to the uses allowed downtown, there is a strong desire to protect the existing the diversity. The small scale retail located on the first floor of the 100, 200 and 300 blocks of East Front Street add a rich value to downtown, yet operate in an industry sector that is at times fragile. For this reason the draft amendment includes a provision for prohibiting the occupation of the first floor on those blocks for instructional or administrative purposes for schools and colleges/universities. Colleges and universities are allowed by right only in the NMC-1 and NMC-2 districts. Proposed Changes Under Section 1320.07 Definitions, the following definitions should be added:
College means A post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees and not operated for profit. This may also include community colleges and trade schools that grant associate or bachelor degrees or certificates of completion in business or technical fields. University see “College”
Under Section 1346.01 Uses Allowed, the following uses should be added:
• Schools, provided they do not occupy the first floor of the 100, 200 or 300 blocks of East Front Street for instructional or administrative purposes.
• Colleges/Universities, provided they do not occupy the first floor of the 100, 200 or 300 blocks of East Front Street for instructional or administrative purposes.
Questions to Consider
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1. Does the proposed use align with the future land use category for the C-4 District?
2. Would the allowance of schools and colleges/universities in the C-4 district be
detrimental to the other properties in the district?
3. Is it appropriate to prohibit the occupation of schools and colleges/universities from the first floor in the 100, 200 and 300 blocks of East Front Street?
Action If the Planning Commission supports the proposed amendment to include schools and colleges/universities in the C-4 district, as proposed or modified, then an appropriate motion would be: I move that the staff initiated amendment to Section 1320.07 Definitions and Section 1346.01 Uses Allowed, to allow for schools, colleges and universities in the C-4 Regional Center District to recommended to the City Commission for approval.
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City of Traverse CityCITY GIS
I1 inch = 342 feet
This map is based on digital databasesfrom the City of Traverse City.Traverse City cannot accept any responsbility for errors, ommissions or positional accuracy.There are no warranties expressed or implied.
Legend
C-4a C-4b C-4c
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8/25/2021 Grand Traverse County Mail - Schools
https://mail.google.com/mail/u/0?ik=603952137e&view=pt&search=all&permmsgid=msg-f%3A1708914443235969157&simpl=msg-f%3A17089144432… 1/2
Shawn Winter <[email protected]>
SchoolsLauren Trible-Laucht <[email protected]> Mon, Aug 23, 2021 at 3:43 PMTo: Shawn Winter <[email protected]>, Jean Derenzy <[email protected]>Cc: Cindy Laurell <[email protected]>
Shawn and Jean, You have asked the question whether schools are subject to the City’s zoning regulations and further, whether privateschools are treated the same as public schools for purposes of zoning regulations. The short answer is that publicschools are exempt from zoning regulations and private schools are not exempt. In Charter Twp. of Northville v. Northville Pub. Sch., 469 Mich. 285, 290–91, 666 N.W.2d 213, 216 (2003) the MichiganSupreme Court discussed the reason why public schools are exempt from zoning regulations. “M.C.L. § 380.1263(3) states: The board of a school district shall not design or build a school building to be used for instructional or noninstructionalschool purposes or design and implement the design for a school site unless the design or construction is in compliancewith [M.C.L. §§ 388.851 to 388.855a]. The superintendent of public instruction has sole and exclusive jurisdiction over thereview and approval of plans and specifications for the construction, reconstruction, or remodeling of school buildingsused for instructional or noninstructional school purposes and of site plans for those school buildings. [M.C.L. §380.1263(3) (emphasis supplied).] Of importance is that this subsection vests design and construction oversight authority over the district's decision in thestate superintendent, who has “sole and exclusive jurisdiction....” The first step in construing a statute is to discern legislative intent. To do this requires review of the statutory text adoptedby the Legislature. House Speaker v. State Administrative Bd., 441 Mich. 547, 567, 495 N.W.2d 539 (1993). Ifunambiguous, the Legislature will be presumed to have intended the meaning expressed, and the courts enforce thatmeaning without further judicial construction or interpretation. Grievance Administrator v. Underwood, 462 Mich. 188,193–194, 612 N.W.2d 116 (2000). These rules control the disposition of this matter. We determine that the statute here is unambiguous. It grants sole and exclusive jurisdiction to the state superintendent toreview and approve plans and specifications of school buildings and site plans for those buildings. Thus, what the statesuperintendent approves is immune from the provisions of local zoning ordinances.”
Previously in Lutheran High Sch. Ass'n of Greater Detroit v. City of Farmington Hills, 146 Mich. App. 641, 643, 381N.W.2d 417, 418 (1985) the Court of Appeals held that a parochial school was subject to the zoning ordinance. Subsequent cases indicated that Lutheran High School Ass’n was “overruled” by subsequent legislative amendments ofthe statues at issue in that case. However, the statute relied upon in Northville is applicable only to public schools andtherefore the holding in Northville does not apply to private or parochial schools. I am informed that this issue also arose in the case of City of Flat Rock v. Summit Academy 584 N.W.2d 737 (1998). Inthat case the City sought a Preliminary Injunction in Wayne County Circuit Court seeking to stop the construction of acharter school that did not comply with the city’s zoning ordinances. The Circuit Court denied the request for injunctionboth the Court of Appeals and the Michigan Supreme Court denied to take up the case. The case ended there and theCharter School (Summit Academy) was built in Flat Rock without any regard to the zoning requirements of the city as theCourts had ruled zoning regulations did not govern the Charter School. However, the decisions of the Court of Appealsand Michigan Supreme Court are perfunctory orders simply denying the preliminary injunction and providing no analysis. I cannot find any other controlling caselaw that indicates zoning regulations are inapplicable to private schools. Therefore, public schools would be permitted to locate and operate in any zoning district without regard to zoningregulations. Private schools would be subject to zoning regulations though, so if this is a desired use, the zoningordinance should be amended to include. I hope this is helpful. Please let me know if you’d like to discuss further. Lauren
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8/25/2021 Grand Traverse County Mail - Schools
https://mail.google.com/mail/u/0?ik=603952137e&view=pt&search=all&permmsgid=msg-f%3A1708914443235969157&simpl=msg-f%3A17089144432… 2/2
On Thu, Aug 5, 2021 at 1:46 PM Shawn Winter <[email protected]> wrote: [Quoted text hidden]
-- Lauren Trible-LauchtCity AttorneyCity of Traverse City400 Boardman AvenueTraverse City, MI 49684Office: (231) 922-4404Fax: (231) [email protected] www.ci.traverse-city.mi.us
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Page 22 of 56
Memorandum
TO:
COPY:
FROM: Shawn Winter, Planning Director
MEMO DATE: September 30, 2021
SUBJECT:
Consideration of a request received from Cambium Analytica for a formal text amendment request to allow for "Marihuana Safety Compliance Facilities" in the C-4 district (for introduction and to set a Public hearing).
EXECUTIVE SUMMARY: The Planning Department has received a formal text amendment application from Marc. Mckeller II, attorney for Cambium Analytica, to amend Chapter 1346 C-4 Regional Center Districts, Section 1346.01 Uses Allowed, to include “marihuana safety compliance facility or medical marihuana safety compliance facility” with associated regulations as a use by right in the district. The Planning Commission is being asked to review the application and set a public hearing. Overview Cambium Analytica is an existing cannabis testing facility located at 1230 Woodmere, in the I – Industrial District. They have quickly outgrown their existing space and are looking for a new location and have expressed interest in a downtown location. However, the marihuana safety compliance facility or medical marihuana safety compliance facility use is only allowed in the I – Industrial District. Like many communities, the City limited the use to this district due to its perceived similarities with other industrial uses the district is intended for. As a new industry there was a lot of unknowns, and as such there may have been a misperception of the use and its impacts. The Planning Department staff has had the opportunity to speak with elected officials and other staff who have visited the applicant’s current site and have come to the understanding that the use is less industrial in nature and more akin to an office space with a science lab. The facility tests small amounts of cannabis using highly sophisticated equipment. Large quantities of cannabis and cash are not stored on site, and the operation does not produce effluent odors.
Page 23 of 56
Allowing the use in the C-4 District could provide the opportunity to replace office workers downtown that now have different work arrangements as a result of the COVID-19 pandemic. Daytime office workers provide a consistent market to help support the restaurants and retail establishments downtown. Furthermore, this particular use would result in well-paid year-round jobs that are not dependent as seasonal fluctuations in the tourist market. Proposed Changes The applicant has requested the following text be added to Section 1346.01 Use Allowed:
• Marihuana safety compliance facility or medical marihuana safety compliance facility meeting the following requirements: (1) The facility and use shall comply at all times with the Michigan Medical
Marihuana Facilities Licensing Act, Michigan Regulation and Taxation of Marihuana Act, the Codified Ordinances of the City of Traverse City, and the rules promulgated pursuant to the Michigan Medical Marihuana Facilities Licensing Act, Michigan Regulation and Taxation of Marihuana Act and the Codified Ordinances of the City of Traverse City, as they may be amended from time to time;
(2) Except for regulatory authorities, no persons other than the person holding a license under the Michigan Medical Marihuana Facilities Licensing Act, Michigan Regulation and Taxation of Marihuana Act, and a permit under the applicable Codified Ordinances of the City of Traverse City or staff of the facility, shall be permitted within the marihuana safety compliance facility when marihuana is being processed;
(3) No use or consumption of marihuana shall be allowed at the marihuana facility;
(4) A marihuana safety compliance facility shall not be located within a 1,000-foot radius from any existing school;
(5) An owner or operator of a marihuana safety compliance facility shall not have been convicted of a felony involving controlled substances within the last 10 years;
(6) The marihuana safety compliance facility shall have at all times a valid and current operating license issued by the State and permit issued by the City of Traverse City under the applicable Codified Ordinances of the City of Traverse City;
(7) All activities of a marihuana safety compliance facility shall be conducted within the building and out of public view;
(8) The smell of marihuana shall not be detectable outside of the portion of any structure where marihuana is present;
This is the same language used in the I – Industrial District to regulate this use. Given the recent discussions about protecting the retail diversity of the 100 and 200 blocks of
Page 24 of 56
East Front Street, the Planning Commission may want to consider adding an additional requirement prohibiting the safety compliance facility use from occupying the first floor of those blocks. The applicant has provided a narrative and exhibits for additional consideration. Requested Action The Planning Commission is being asked to review this request and set a public hearing date. An appropriate motion for consideration is: I move that the formal text amendment request received from Cambium Analytica to allow for "Marihuana Safety Compliance Facilities" in the C-4 Regional Center District be introduced and set for Public hearing on Wednesday, November 3, 2021.
Page 25 of 56
CITYOF TRAVERSECITYAPPLICATIONFOR
TEXTAMENDMENTREQUES
J1/-1/i._I___Signature of Applicant Q. gm’,-‘an
Date of Application: 9.14.21
App|icant’5 name; Cambium Analytica
Email; george@cambiumana|ytica.com
0R[)|NANcE SECT|QN(5)g Section 1346.01 allowed uses in C4
Fee: $670 Receipt #:
Phone; 231-533-9355
.\»I:Iy20 I‘)
Planning/ZoningDate:Approval:
Comments:
Date
See accompanying letterDescription of Ordinance Text Amendment Request:
Page 26 of 56
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CHRISTOPI HERG ROGERS
(also udnu'n‘ea'in Illinois)
I D PR;-*\.x\S'|‘IiRlNK
(aim minnln.-:1tn . i r mnnn)
XIARC S McKEI.l..~\R H
DAVID I’ (‘-LENN
PATRICK M ELLIS
\V DANE CAR}-I\
OF (‘()UNS.1'}L:
LEWIS C GATCH
A BROOKS DARLING
412 SOUTH UNION STREETTRAVERSE CITY, MICHIGAN 49684
TELEPHONE: 231-947-7900FAX: 231-941-5154
September 13, 2021
HAND and EMAIL DELIVERY
Shawn WinterCity of Traverse City Planning DepartmentGovernmental Center, 2”‘Floor400 Boardman AvenueTraverse City, Michigan [email protected]
RE: Cambium Analytica Text Amendment Request
Dear Planning Department (“PD”);
Please be advised that our ?rm represents the legal interests of the Applicant (“Applicant”)as it relates to its application for a text amendment,the request form is attached and payment hasbeen made to the City for same.
The Applicant seeks to amend Section 1346.01 which provides the permitted uses in theC-4 district. Specifically, the Applicant wishes to add Marihuana Safety Compliance Centers(“Labs”) to the uses allowed. Our firm has reviewed the ordinance and many others within thestate and we are of the strong opinion that it is consistentwith the intent,and goals of the zoningordinance. The Applicant would like to add the following language to Section 1346.01 of thezoning ordinance,which is verbatim from Section 1354 which permits such Labs:
Marihuana safety compliance facility or medical marihuana safety compliancefacility meeting the following requirements:
(1) The facility and use shall comply at all times with the Michigan MedicalMarihuana Facilities Licensing Act, Michigan Regulation and Taxation ofMarihuana Act, the Codi?ed Ordinances of the City of Traverse City, and the rulespromulgated pursuant to the Michigan Medical Marihuana Facilities Licensing Act,Michigan Regulation and Taxation of Marihuana Act and the Codified Ordinancesof the City of Traverse City, as they may be amended from time to time;
LANSING OFFICE: MOUNT PLEASANT OFFICE:2937 ATRIUNI DRIVE.STE 200 3046 JEN'S VVAY
OKEMOS, M] 48864 MT. PLEASANT, MI 48858
REQUEST
Page 27 of 56
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KUHN ROGERS PLC
September 13, 2021Page 2
(2) Except for regulatory authorities, no persons other than the person holding alicense under the Michigan MedicalMarihuana FacilitiesLicensing Act, MichiganRegulation and Taxation of Marihuana Act, and a permit under the applicableCodi?ed Ordinances of the City of Traverse City or staff of the facility, shall bepermitted within the marihuanasafety compliance facility when marihuana is beingprocessed;
(3) No use or consumption of marihuana shall be allowed at the marihuana facility;
(4) A marihuana safety compliance facility shall not be located within a ,00O-footradius from any existing school;
(5) An owner or operator of a marihuana safety compliance facility shall not havebeen convicted of a felony involving controlled substanceswithin the last 10 years;
(6) The marihuana safety compliance facility shall have at all times a Valid andcurrent operating license issued by the State and permit issued by the City ofTraverse City under the applicable Codified Ordinances of the City of TraverseCity;
(7) All activities of a marihuana safety compliance facility shall be conductedwithin the building and out of public view;
(8) The smell of marihuana shall not be detectable outside of the portion of anystructure where marihuana is present.
The proposed use does not rise to the level of intensity which is common with industrialuses. There is no product for sale, no warehousing, only samplings necessary for testing. It is akinto any other laboratory whether medical, scientific or water. These types of uses are more in linewith business and commercial districts. That is why Labs are often permitted in such zoningdistricts in the vast majority of Michigan zoning ordinances.For example, the use is permitted inthe Village of Kalkaska in the medical district, regional commercial district and the light industrialand ware house district, see Exhibit A attached. The City of Bay City permits such use in theneighborhood business district, general business district, highway business district, centralbusiness district, light industrial district, and, general industrial district, see Exhibit B. The Cityof Manistee permits the use in its regional commercial district, light industrial district and generalindustrial district, see Exhibit C.
The Applicant’s request is in line with the vast majority of municipalities and meets theintent of the City’s zoning ordinance. With the change, the City can still provide the sameprotections of health, safety and welfare to the community while affording commercial actives theability to operate within the commercial district, this is done by proper and reasonable protections.
Page 28 of 56
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September 13, 2021Page 3
Protections that the City has already developed in the language above. Consequently, theApplication requests that the City adopt its request and amend the City’s zoning ordinanceaccordingly.
Cambium Analytica (“Cambium”) is a Safety Compliance Facility licensed by theMichigan Marijuana Regulatory Agency and the City of Traverse City to perform testing servicesfor Michigan’s licensed cannabis producers. They are a necessary part of the supply chain, as allproducts-—including ?ower, edibles, and distillates—are required to undergo strict healthscreening. Theirjob is to ensure that all products are clear of contaminates and other health hazardsbefore they reach the consumer.
Cambium began as a staitup in 2018, and of?cially opened its doors for testing services inMarch of 2020. Cambium initially began with a team of ten (10) individuals——mainlyanalyticalchemists and microbiologists. Cambium currently occupies the building located at 1230Woodmere Avenue; a 7,500 square foot facility located at the southern border of Traverse City.
The Cambium team largely consists of chemists, biologists, and data analysts. They havesuccessfully been able to recruit STEM candidates from around the country to work and live inTraverse City. From a day—to-dayperspective, our science team prepares and tests samples forsafety and health compliance, as well as quality assurance/control. Their work largely consists ofrunning analytical tests through sophisticated equipment and reviewing the data generated fromthose tests.
As a service provider, Cambium has virtually no consumer traffic. Cambium does notrequire use of heavy machinery and does not act as a warehouse. Further, Cambium’s testingservices do not result in the emission of fugitive noxious odors and production of loud sounds.Simply put, Cambium is otherwise unnoticeable from an operational perspective.
Since opening, Cambium has become the largest safety compliance testing facility inMichigan (testing services by volume). As a result, the Cambium team has grown from its initialteam often (10) to forty—?ve(45) as of the date of this letter. Cambium expects to employ upwardsof fifty (50) individuals by year’s end.
Consequently, the current facility is inadequate to support our growth trend. As the facilityis located at the southern border of Traverse City, municipality restrictions prevent an expansionof the existing building.
ABOUT THE APPLICANT
Page 29 of 56
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KUHN ROGERS PLC
September 13, 2021Page 4
CONCLUSION
I believe this letter and the enclosed application are otherwise self-explanatory; however,should you have any questions please do not hesitate to contact me. As always, we appreciateyourtime and attention in this matter and look forward to your review of same.
KUHN ROGERS PLC
24%/Marc S. McKel1ar II
MSM:dpgenclosures
Sincerely,
Page 30 of 56
ZONING DISTRICTS“°“”‘*‘ srr src rn MFR MH MD 95 IE .11:
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Page 31 of 56
EXHI-[3|
Safety compliance facility. permitted use in the C-1, neighborhood business district; C-2-A,
general business district; CLZ-B,highway business district; C-3, central business district; M-1light industrial district and M-2, general industrial district.
Marihuana facilities.
(a) The following types of marihuana facilities as defined in, and pursuant to the Michigan Medical
Marihuana Facilities Licensing Act, MCL 33327101 et seq, (hereinafter the "MMFLA"), shall be
allowed as permitted uses only in the following zoning districts:
Grower, for class A, class B, and class C designations; permitted use in M-1, light industrialdistrict and M-2, general industrial district.
(2) Processor, permitted use in M-‘l, light industrial district and M-2, general industrial district.
(3) Secure transporter, permitted use in C-1, neighborhood business district; C-2-A, general
business district; C-2-B, highway business district; C-3, central business district; M-1, light
industrial district and M-2, general industrial district.
(5)
(b) The following types of marihuana facilities, pursuant to the
Provisioning center, permitted use in C-1, neighborhood business district; C-2-A, general
business district; C-2-B, highway business district; C-3, central business district; M-1, light
industrial district and M-2, general industrial district.
ichigan Regulation and Taxation of
Marihuana Act, MCL 333.27951 et seq. (hereinafter "MRTMA"),sha be allowed as permitted uses
only in the following zoning districts:
(2)
Marihuana grower, which is a "person" licensed to cultivate marihuana and sell or otherwise
transfer marihuana to marihuana establishments, shall be a permitted use the M-1, light
industrial district, and the M-2, general industrial district;
Marihuana m/‘crobusiness, which is a person licensed to cultivate not more than 150
marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana
to individuals who are 21 years of age or older or to a marihuana safety compliance facility,
but not to other marihuana establishments, shall be a permitted use in the C-1,
neighborhood business district, C-2-A, general business district, C-2-B, highway business
district, C-3, central business district, M-1, light industrial district, and M-2, general industrial
district;
/l/larihuana processor, which is a person licensed to obtain marihuana from marihuana
establishments; process and package marihuana; and sell or otherwise transfer marihuana to
marihuana establishments, shall be a permitted use in the M-1, light industrial district and M-
2, general industrial district;
Marihuana retailer, which is a person licensed to obtain marihuana from marl uana
establishments and to sell or otherwise transfer marihuana to marihuana establishments and
are 21 years of age or older, shall be a permitted use the C-1to individuals who in
(1)
(1)
in
(4)
Sec. 22-74.
Page 32 of 56
In HT|II'.I Hr : Iu'Hrrf| H II
ARTICLETHIRTEENC-1 REGIONALCOMMERCIALDISTRIC
_Reguires igm?gget Frontagg
Placesof Public Asserqbly,Large
9 Accessory uses related to special uses
0 Adaptive Reuse
EXHIB
SECTION1300 PURPOSE AND INTENT
As Amended thru March 2, 2018
It is the intent of this District to provide areas for commercial uses intended to serve the largercommunity and the traveling public in the vicinity of highway U.S.—31and to promote the economicdevelopment of the City in conformity with the Manistee City Master Plan, while establishing standardsfor curb cut location, pedestrian facilities, parking and shared parking, loading/unloading area,landscaping, and building form intended to mitigate the negative impacts of lineal development alonghighway U.S.-31; and potential conflicts with nearby residential districts.
PERMITTEDUSESAccessory buildings
Accessory uses related to uses permitted by right
Animal GroomingAutomobile Repair Facility
Community Garden, subject to Section 534
Convenience Store w/o fuel pumpsEating and Drinking EstablishmentFinancial InstitutionGallery or MuseumHotelMedical or Dental OfficeMixed Use DevelopmentMotelOutdoor Recreation, ParkPersonal Service EstablishmentPlace of Public Assembly, Small
Professional OfficeProfessional Service EstablishmentRetail Business
Sports and Recreation ClubStudio for Performing and Graphic ArtsSubdivision, Plat or Condo (permitted uses)TheaterUrgent Care Facility
Uses similar to uses permitted by right, subject to
Section 530
Veterinary ClinicWholesale Facility
6 Wind Energy Conversion System, Accessory,subject to Section 51S.G
[Annotationz Community Garden was added as a Permitted Use byAmendment 211-06, effective 9/ZS/11]
[Annotatiom Wind Energy Conversion System, Accessory wasadded as a Permitted Use by Amendment 211-08, effective12/28/11][Annotationz Mixed Use Development was changed from a SpecialUse to a Permitted Use by Amendment Z17~04, Effective 6/16/17]
6 OOQOOOOOOOOOOOOOOOOOOOQOOO
SPECIALUSES
City of Manistee Zoning OrdinanceArticle Thirteen C-1 Regional Commercial District
SPECIAI:uses (cont'd)Billboard
Car WashContractor's Facility
Day Care, Commercial or Group
Drive-through EstablishmentDwelling - Multiple Unit
Gasoline Station
Laundry and Dry Cleaning EstablishmentMarihuana Grower
Marihuana Processer
6060600090
2..- , ..\...‘o'.. “
Marihuana Secure Transporter
Mini/SelfStorage Facility
Mine, Sand and GravelNursing or Convalescent HomeParking Facility, PublicPlanned Unit Development
Sexually Oriented BusinessTattoo Parlor
Uses similar to permitted special uses
Warehouse, PublicWireless Communication Facility
[Annotation: Duplex changed from Permitted Use to Special Useby Amendment Z10-O1, effective 10/30/10][Annotation: Communication Tower was deleted as a Special Useby Amendment 217-02, effective 6/16/17]Annotation: Wireless Communication Facility was added as aSpecial Use by Amendment 217-02, effective 6/16/17][Annotatlon: Convenience Store w/fuel pumps was deleted as aSpecial Use by Amendment 217-04, effective 6/16/17][Annotation: Marihuana Grower, Processer, Safety ComplianceFacility and Secure Transporter as a special use by amendment 218-03, effective 3/2/18]
0
O
6
O
O
O
O
O
O
O
O
SPECIALUSES
Greenhouse or Nursery
Mortuary
Outdoor Sales Facility
0066
Page
Marihuana Safetv <”.omp!iance Facil ty
IT
Page 33 of 56
O Marihuana Safety Compliance Facility
As Amended thru March 2,2018
ARTICLESIXTEENL-ILIGHT INDUSTRIAL
SECTION 1600 PURPOSE AND INTENT
it is the intent of this District to protect adjacent residential areas from the negative effects ofthe Light industrial District by providing a buffer while allowing industries which traditionally donot cause excessive noise, vibration, odors, visual blight, pollution, use hazardous processes;
and to be compatible with the City's Master Plan.[Annotation: the Word ”Light" was added to Purpose and Intent by Amendment Z17-04, effective 6/16/17]
PERMITTEDUSESAccessory buildings
Accessowuses related to uses permitted byright
Assembly Operation
Automobile Repair FacilityCommunity Garden, subject to Section 534
Financial Institution
Greenhouse and Nursery
Laundry and Dry Cleaning EstablishmentMedical or Dental OfficeMini/Self-Storage FacilityOutdoor Recreation, ParkProfessional OfficeProfessional Service EstablishmentResearch, Testing and Laboratory
Subdivision, Plat or Condo (of permitteduses)
0 Uses similar to uses permitted by right,subject to Section 530
0 Veterinaryclinic
0 Warehouse, Public0 Wind Energy Conversion System, Accessory,
subject to Section 515.G
Wholesale Facility
00000000000000
K[Annotation:Medical or Dental Office was added to UsesPermitted by Right by amendment 07-29, effective12/14/07][Annotati0n: Windmill, Accessory was added to UsesPermitted by Right by amendment O8-08, effective12/11/O8][Annotationz Community Garden was added as a
Permitted Use by AmendmentZ11—06,effective 9/25/11][Annotation: Windmill Accessory was replaced with WindEnergy Conversion System, Accessory by Amendment 211-
08, effective 12/28/11]
City of Manistee Zoning OrdinanceArticle Sixteen L—lLight Industrial District
SPECIAL USES
Accessory uses related to special usesCemetery
Contractor's Facility
Convenience Store, w/o fuel pumps
Day Care, CommercialEating and Drinking EstablishmentEducational FacilityHotelMarihuana Grower
Marihuana Processer
0000000000
Marihuana Secure Transporter
Mine, Sand and GravelPlanned Unit Development
Processing and Manufacturing
Uses similar to permitted special uses
Wells, ExtractionWind Energy Conversion System
Wireless Communication Facility[Annotationz Communication Tower was deleted as aSpecial Use by Amendment Z17-02, effective 6/16/17][Annotationz Wireless Communication Facility was addedas a Special Use by Amendment Z17-O2, effective 6/16/17][Annotation: Marihuana Grower, Processer, SafetyCompliance Facility and Secure Transporter as a special useby amendment 218-03, effective 3/2/18]
0000000
SPECIALUSES
9 Place of Public Assembly, Large
0 Sports and Recreation Club
0 Theater
Page
Requires Key Street Frontage
Page 34 of 56
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As Updated thru March 2, 2018
ARTICLESEVENTEEN
G-I GENERALINDUSTRIAL
SECTION1700 PURPOSE AND INTENT
it is the intent of this District to protect adjacent residential areas from the negative effects ofthe General industrial District while allowing industries which traditionally heavier and more
intense in the nature of their uses; to provide protection to Manistee Lake including its waterquality, to protect its shoreline from erosion or instability or other negative effects; and to becompatible with the City's Master Plan.
PERMITTEDUSES
0 Accessory buildings
0 Accessory usespermitted by right
0 Assembly Operation
Community Garden, subject to Section
EContractor's FacilityMini/Se|f—Storage Facility
Outdoor Recreation, ParkProcessing and Manufacturing
Professional OfficeProfessional Service EstablishmentResearch, Laboratory and Testing
Shipping FacilitySubdivision, Plat or Condo (of permitteduses)
0 Uses similar to Uses Permitted by Right,subject to Section 530
0 Warehouse, Public9 Wells, Extraction
6 Windmills, Accessory, subject to Section§L§.G
[Annotationz Wells, Extraction were changed from a SpecialUse to a Permitted Use by Amendment 07-11, effectiveS/29/O7][Annotation: Windmills, Accessory was added to Uses
Permitted by Right by amendment 08~D8, effective12/11/O8][Annotation: Community Garden was added as a Permitted
Use by Amendment Z11—O6,effective 9/25/11][Annotation: Windmill Accessory was replaced with WindEnergy Conversion System, Accessory by Amendment Z11-08, effective 12/28/11]
related to uses
0000000000
City of Manistee Zoning OrdinanceArticle Seventeen G—lGeneral Industrial District
SPECIAL USES
Accessory uses related to special usesEducational Facility
Marihuana Grower
Marihuana Processer
0000
Marihuana Secure Transporter
Marina
Mine, Sand and GravelParking Facility
Planned Unit DevelopmentPower Generating Facility
Uses similar to Used Permitted bySpecial Land Use, subject to Section 530
0 Wind Energy Conversion System[Annotation: Adaptive Reuse was Deleted as a Special Use
by amendment O8-O3,effective 2/29/08][Annotation: Parking Facility was added to Uses Permittedby Special Land Use Permit by amendment 08-02, effective2/29/08][Annotation: Marihuana Grower, Processer, SafetyCompliance Facility and Secure Transporter as a special useby amendment 218-03, effective 3/2/18]
0000000
Page 1
Marihuana Safety Compliance Facility
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TRAVERSE CITY CODE OF ORDINANCES
ORDINANCE AMENDMENT NO. ______Effective date: _______________
TITLE: CAMBIUM ANALYTIC FORMAL TEXT AMENDMENT REQUEST
THE CITY OF TRAVERSE CITY ORDAINS:
That Section 1346.01 Uses Allowed, of the Zoning Code of the Traverse City Code of Ordinances, be amended to read in its entirety as follows:
The Regional Center Districts are for the purpose of accommodating a broad variety of retail, office and residential uses integrated with hotels, convention centers, and integrated common parking facilities. Internal linkage between stores is encouraged. It is extremely important that new development be integrated with historically significant buildings. The first floors of buildings are primarily for retail, financial services and restaurants. Dominant and striking visual features of the central area of the City should be maintained and enhanced. The upper stories of buildings are generally to be occupied by offices, services and residences. High density housing is also appropriate.
It is the intent of these districts to create streets which encourage pedestrian activity. Buildings along Boardman River should be designed to integrate with both the sidewalk and riverwalk systems. Driveways crossing sidewalks should be limited to public parking areas.
1346.01 Uses allowed.
The following uses of land and buildings, together with accessory uses, are allowed in these districts:
• GP district uses; • C-3 district uses, except the following: drive-ins, drive-throughs, Medical Marihuana
Provisioning Centers, sexually-oriented businesses, vehicle wash facilities, veterinary services and kennels;
• Boat liveries; • Convention centers; • Drinking places with or without entertainment; • Markets, public or municipal; • Adult use marihuana retailers, subject to the following standards:
(1) Shall not be located in the C-4b District; (2) A 1,500 foot buffer must exist between adult use marihuana retail establishments;
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(3) The Adult Use Marihuana Retailer and use shall comply at all times with the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018 MCL 333.27951 et seq., as amended, the Codified Ordinances of the City of Traverse City, and the rules promulgated pursuant to the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018 MCL 333.27951 et seq., as amended, as they may be amended from time to time;
(4) The Adult Use Marihuana Retailer shall not be in operation between the hours of 10:00 p.m. and 7:00 a.m.
(5) Co-location with other marihuana Adult-Use Marihuana Establishments or Medical Marihuana Facilities may occur only as specifically permitted by the Medical Marihuana Facilities Licensing Act and the Michigan Regulation and Taxation of Marihuana Act and any corresponding administrative rules, regulations and ordinances.
(6) No use or consumption of marihuana shall be allowed at the Adult Use Marihuana Retailer.
(7) An Adult Use Marihuana Retailer shall not be located within a 1,000-foot radius from any existing school.
(8) The Adult Use Marihuana Retailer shall have at all times a valid and current operating license issued by the State and permit from the City of Traverse City under the applicable Codified Ordinances of the City of Traverse City.
(9) All activities of a Adult Use Marihuana Retailer shall be conducted within the building.
(10) The smell of marihuana shall not be detectable outside of the portion of any structure where marihuana is present.
• Marihuana safety compliance facility or medical marihuana safety compliance facility meeting the following requirements:
(1) The facility and use shall comply at all times with the Michigan Medical Marihuana Facilities Licensing Act, Michigan Regulation and Taxation of Marihuana Act, the Codified Ordinances of the City of Traverse City, and the rules promulgated pursuant to the Michigan Medical Marihuana Facilities Licensing Act, Michigan Regulation and Taxation of Marihuana Act and the Codified Ordinances of the City of Traverse City, as they may be amended from time to time;
(2) Except for regulatory authorities, no persons other than the person holding a license under the Michigan Medical Marihuana Facilities Licensing Act, Michigan Regulation and Taxation of Marihuana Act, and a permit under the applicable Codified Ordinances of the City of Traverse City or staff of the facility, shall be permitted within the marihuana safety compliance facility when marihuana is being processed;
(3) No use or consumption of marihuana shall be allowed at the marihuana facility;(4) A marihuana safety compliance facility shall not be located within a 1,000-foot
radius from any existing school;
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(5) An owner or operator of a marihuana safety compliance facility shall not have been convicted of a felony involving controlled substances within the last 10 years;
(6) The marihuana safety compliance facility shall have at all times a valid and current operating license issued by the State and permit issued by the City of Traverse City under the applicable Codified Ordinances of the City of Traverse City;
(7) All activities of a marihuana safety compliance facility shall be conducted within the building and out of public view;
(8) The smell of marihuana shall not be detectable outside of the portion of any structure where marihuana is present;
Parking areas, private, for dwelling units (limited to 1 per dwelling unit); subject to Chapter 1374.
• Parking areas, private, interior, subject to the following standards: (1) Parking area is accessed from the alley, (2) Parking area is fully enclosed within a building, (3) Parking surface is on average, at least 4 feet below the street elevation or is
fronted with habitable space. • Parking areas, private, subject to the following standards:
(1) Access shall be limited to 1 driveway per public street or 2 driveways per site, whichever is less.
(2) The parking is accessory to an allowed use. (3) There can be demonstrated a need for private parking which will not be satisfied
by existing public parking within 500 feet of the proposed use, except for private parking areas for dwelling units or interior private parking areas;
(4) All requirements of Chapter 1374, circulation and parking, are met, except Section 1374.03(d), parking space requirements.
(5) All requirements of Sections 1372.04, screening requirements for parking areas, and 1372.05, landscape development internal to a parking area are met.
(6) Pedestrian travel routes within the parking area shall be provided, clearly defined and approved by the Planning Director.
• Parking areas, public, subject to the following standards: (1) Access shall be limited to 1 driveway per public street or 2 driveways per site,
whichever is less. (2) All parking areas which abut a public street shall be set back a minimum distance
of 8 feet from the property line along said street and shall provide in this setback area appropriate screening with plant materials or a combination of plant materials, berming and decorative screenwalls to a minimum height of 3 feet.
(3) Pedestrian travel routes within the parking area shall be provided, clearly defined and approved by the Planning Director.
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(4) Unless herein varied, the landscaping and site development chapter shall apply. • Parking structures, public or private, subject to the following standards:
(1) Parking structures shall be designed to have horizontal versus stepped or sloping levels at areas of public view. Ramping shall be concealed from public view to the greatest degree possible.
(2) Openings shall not exceed 60 percent of the total wall surface. Openings shall be vertical or square.
(3) Sloped roofs are not required for parking decks, however: a. The upper and lowest level of parking shall incorporate sufficient screening
to shield cars from public view. b. Parapet treatment is required to terminate the deck and give proper
architectural finish to the structure. Cornices, overhangs and other devices which are consistent with the language of historical buildings may be employed.
(4) The design of parking decks shall be consistent with the design of historical buildings in the area.
• Theaters, live and performance art centers. (Ord. 476, Passed 7-6-99; Ord. 677, Passed 5-2-05; Ord. 782, Passed 2-4-08; Ord. 825, Passed 2-2-09; Ord. 1084 , Passed 12-3-18; Ord. No. 1131 , Passed 8-17-20.)
1346.02 Uses allowed by special land use permit.
The following uses of land and buildings, together with accessory uses, are allowed in these districts if a special land use permit is issued according to the standards of this Code:
• Communication towers; • Drive-throughs for finance services; • Essential services buildings; • Parking areas, private, if public parking is available within 500 feet of the allowed use; • Taller buildings in the C4-b or C4-c district; • Transit centers.
(Ord. 476. Passed 7-6-99. Ord. 610. Passed 9-2-03. Ord. 677. Passed 05-02-05. Ord. 779. Passed 1-7-08.)
1346.03 Lot, density and impervious surface provisions.
Lot width (min.) Lot area (min.) Density (maximum)
Impervious surface
No minimum No minimum N/A 100% maximum.
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Created: 2021-09-20 12:49:58 [EST]
(Supp. No. 18)
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The surface parking area shall not exceed the total floor area of all buildings on the lot. (Ord. 476. Passed 7-6-99. Ord. 684. Passed 10-03-05.)
1346.04 Setbacks
(a) Front setbacks:Building: 2.5 feet minimum, except existing buildings that have been damaged by fire, explosion, act of God or similar causes and located closer than 2.5 feet may be restored or rebuilt at the same location using the same foundation unless the foundation is located in the right-of-way. 8 feet maximum. Private parking area: Behind or to the side of the principal building and set back a distance equal to the setback of the principal building or 25 feet, whichever is greater. For through lots, parking may be provided streetward of the principal building on the street that carries less traffic, but in no case closer than 25 feet from the front property line.
(b) Side setbacks (minimum):Building:One side/aggregate: None, except 10-foot side setback is required on any side abutting or across a public alley from an R-district. Private parking area: 5 feet, except a 10-foot setback is required on any side abutting or across a public alley from an R-district.
(c) Rear setbacks: None. A 20-foot setback is required if abutting or across a public alley from an R-district.
(d) Corner lots and through lots shall have a front setback on each street. (e) Water setbacks: May build to the edge of a public easement; if no public easement, then 10
feet inland from the ordinary high water mark. (f) Bridge setbacks: Buildings shall be set back a distance of 25 feet from any bridge abutment
unless otherwise approved by the City Engineer if he or she determines that the building will not interfere with the maintenance or reconstruction of the bridge and that utilities will not be adversely impacted.
(Ord. 476, Passed 7-6-99; Ord. 512, Passed 9-18-00; Ord. 576, Passed 10-7-02; Ord. 685, Passed 10-03-05; Ord. 818, Passed 1-5-09; Ord. No. 1054 , Passed 7-3-17; Ord. No. 1094 , Passed 6-3-19; Ord. No. 1164 , Passed 7-6-21.)
1346.05 Encroachments into the setbacks.
No encroachments into setbacks are allowed except a balcony no longer than 50 percent of the length of a building, may project 3 feet into the water setback and shall adhere to Chapter 1372, Section 1372 (b)(1) Existing Vegetation, provided these projections are not less than 15
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Created: 2021-09-20 12:49:58 [EST]
(Supp. No. 18)
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feet above grade and provided they do not project into any public right-of-way and except eaves, chimneys, sills, belt courses, cornices and ornamental features not to exceed 2.5 feet are permitted to extend within the front or rear setbacks. (Ord. 476, Passed 7-6-99; Ord. 511, Passed 9-18-00; Ord. 577, Passed 10-7-02; ; Ord. No. 1115 , passed 2-3-20)
1346.06 Building height.
(a) Building Height: Buildings in the C-4 District shall have a minimum height of 30 feet and a maximum building height as listed below. An existing building may have a one-story addition of no larger than the area of the first floor of that building as it existed on the effective date of Ordinance No. 467, which is July 16, 1999. More than 60 feet in height may be allowed only by special land use permit or as part of a planned unit development and subject to the requirements listed below.
C-4a: 45 feet maximum. C-4b: 60 feet maximum. 68 feet in height is allowed if at least 20 percent of the building is designed and used for dwellings. C-4c: 85 feet maximum. An additional 15 feet shall be allowed for permitted uses that are designed and positioned in a manner that will effectively shield rooftop mechanical equipment or elevator shafts, but not to exceed an overall height of 100 feet. Buildings over 60 feet tall shall have at least 20 percent of the building designed and used for dwellings. That portion of the building with a finish floor elevation of 45 feet or greater must be recessed at least 10 feet from the first floor building facade.
(b) Exceptions: The following are exceptions to the above height restrictions: (1) Steeples and clock towers may be erected in a C-4a district up to a height not
exceeding 60 feet. (2) Parapet walls may be erected as necessary to screen rooftop equipment if the wall
extends around the perimeter of the building and incorporates exterior building materials similar to those of the main building.
(Ord. 476, Passed 7-6-99; Ord. 528, Passed 3-19-01; Ord. 548, Passed 12-17-01; Ord. 561, Passed 4-1-02; Ord. 631, Passed 4-19-04; Ord. 686, Passed 10-03-05; Ord. 692, Passed 12-05-05; Ord. 733, Passed 3-19-07.)
1346.07 Accessory buildings.
An accessory building shall: (1) Only be permitted in the rear yard, except accessory buildings may be located
streetward of the principal building on the less traveled street on through lots. (2) Be located no closer than 4 feet to any side or rear property line. A boat house up to
250 square feet gross floor area may be built to the water's edge.
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Created: 2021-09-20 12:49:58 [EST]
(Supp. No. 18)
Page 7 of 9
(Ord. 476, Passed 7-6-99; Ord. 554, Passed 2-4-02.)
1346.08 Parking, loading and driveways.
No parking is required in this district, however, if parking is provided, it must meet the standards contained in Chapter 1374, circulation and parking and restrictions of this chapter. (Ord. 476, Passed 7-6-99.)
1346.09 Special requirements.
To preserve and reinforce the context of historic buildings and land to establish development patterns of the Regional Center District, all new buildings and additions to existing buildings are to be designed and constructed in accordance with the following standards:
(1) The predominant building wall and entryway shall face the public or private street. (2) Unless determined to be impractical by the Planning Director, the building width shall
not be less than 90 percent of the property width at the street. (3) Vertical building modulation shall be used to add variety and interest and to make a
large building appear to be an aggregation of smaller units. Relief from a continuous street facing wall may be achieved with wall offsets in combination with pilasters, corbeling or other permanent architectural elements; however, offsets in any wall shall not be less than 8 inches from the subject plane.
(4) Horizontal building modulation, like awnings, balconies and roof features shall be used to reduce the perceived mass of a large building.
(5) Fenestration, cornices and other architectural elements incorporated in new buildings or additions to existing buildings shall be in context with historic buildings in the area.
(6) Window glass planes shall be recessed at least 4 inches from the outside of all building walls to create a shadow line except in bay windows and to other projecting window elements.
(7) Clear or lightly tinted transparent glass shall be used for all windows facing a public street. Decorative stained glass may be used for accents. Mirrored, smoked and darkly tinted glass is prohibited.
(8) New buildings and additions to existing buildings, including parking structures, shall be constructed of durable materials utilizing the predominant building materials of traditional brick and stone used in the Regional Center District or constructed of materials of comparable aesthetic value.
(9) Any rooftop equipment shall be enclosed or screened from street level view using the same materials used for the building walls or a material which is approved by the Planning Director as visually compatible with the building. All utility meters and wall or ground mounted mechanical equipment, such as HVAC systems, shall be limited to the rear third of the parcel, unless determined impractical by the Planning Director.
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(10) Except for buildings that are solely residential, windows or street level activities are required on 50 percent of the first story street wall facing any public street. Street level activities include public display space, public atriums, pedestrian entrances and exterior circulation.
(11) For each 90 feet of linear building frontage, pedestrian entrances are required. Pedestrian entrances may open onto the sidewalk or mid-block passages or walkways leading to the public right-of-way. Entries must be prominently identified and must not interfere with safe pedestrian passage along walkways. Primary entries must set back a minimum 4 feet from the property line.
(12) All buildings that front the street, except for parking structures, accessory and utility buildings and buildings that are intended and designed to be exclusively developed for residential use shall have a minimum height of 14 feet measured from the street level entrance level to the next finished level or roof structure. The Planning Director may grant a first floor building height exception if it has been clearly demonstrated that such provision is unnecessary or that such requirements would create a practical difficulty, as contrasted merely granting an advantage or convenience.
(13) Dumpsters or trash receptacles exterior to a building shall be placed in the rear yard, on private property, screened with a wall not less than the height of the dumpster or trash receptacle and be constructed of similar materials used for the exterior of the building.
(14) Buildings on corner lots or on lots with a front loaded driveway shall have a clipped or recessed corner for the height of the first floor level if the building facade is within 20 feet of the street or driveway/street intersection. These building corners shall be recessed at least 5 feet from the planes of the building if such building is located less than 20 feet from the edge of street or driveway intersection. See diagram below.
The effective date of this Ordinance is the ________ day of ______________, 2021.
I hereby certify the above ordinance amendment was introduced on ____________________, 2021, at a regular meeting of the City Commission and was enacted on _______________________, 2021, at a regular meeting of the City Commission by a vote of Yes: ____ No: ___ at the Commission Chambers, Governmental Center, 400 Boardman Avenue, Traverse City, Michigan.
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_____________________________________________James Carruthers, Mayor
_____________________________________________Benjamin C. Marentette, City Clerk
I hereby certify that a notice of adoption of the above ordinance was published in the Traverse City Record Eagle, a daily newspaper published in Traverse City, Michigan, on ___________________________.
_____________________________________________Benjamin C. Marentette, City Clerk
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Memorandum
TO: City Planning Commission
COPY:
FROM: Shawn Winter, Planning Director
MEMO DATE: September 30, 2021
SUBJECT:
Consideration of a request received from Richard Weaver to rezone the property commonly known as 630 W. Fourteenth Street from a C-1 Office Service District to a C-2 Neighborhood Center District (for introduction and to set a Public hearing).
EXECUTIVE SUMMARY: Please see the attached report by Shawn Winter, Planning Director, providing an overview of the rezoning request.
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Traverse City Planning Department Shawn Winter, Planning Director
10.05.21
Page 1 of 9
EXECUTIVE SUMMARY: An application has been received to rezone the property at 630 W Fourteenth Street from C-1 Office Service District to C-2 Neighborhood Center District. This request is consistent with the Traverse City Master Plan (2017) and the Corridors Master Plan (2013) for the adopted vision of redevelopment of the Fourteenth Street corridor. Upon review of the application, the Planning Commission is asked to make a motion to introduce the request a schedule a public hearing. PROPERTY INFORMATION:
Address: 630 West Fourteenth St
Parcel No.: 28-51-834-104-00
Owner(s): Richard Weaver
Applicant: Richard Weaver
Area: 1.25 acres
Current Zoning / Land Use: C-1 Office Service District Vacant office space and extensive parking. Former 5/3 Bank location. Approximately 4,000 square foot office building
Surrounding Zoning / Land Use:
North: R1b: Place of worship, single family dwelling
East: C-2: Commercial retail establishment
South: C-3: Financial institution, Commercial Establishments R-2: Single family homes
West: GTC: undeveloped portion of the Grand Traverse Commons
Aerial Map:
ZONING AND LAND USE: The subject property is zoned C-1: Office Service District and contain an approximately 4,000 square foot vacant office building that is the site of the former 5/3 Bank. The site also contains a large parking lot with
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Traverse City Planning Department Shawn Winter, Planning Director
10.05.21
Page 2 of 9
approximately 17 parking spaces and ingress/egress routes for a former drive through. The property has a curb cut located on Maple Street on the east side and one on Griffin Street on the northwest corner of the property. The properties to the north are zoned R-1b Single Family Dwelling District with the majority of the land to north occupied by a place of worship on the opposite side of Griffin Street. A large shopping center is to the south Zoned C-3 Community Center District and includes Tom’s Market, Rite Aid, TCF Bank and a laundromat. The properties to the east along both sides of Fourteenth St are zoned C-2 and include the 7/11, the shops in Hickory Corners and 14th Street Plaza, with more commercial establishment east along the corridor. All the land uses along Fourteenth Street in the vicinity of the subject property are one-story commercial structures.
FUTURE LAND USE: The Future Land Use Map (FLUM) in the Master Plan shows the property sits within the TC-4 Corridor Neighborhood along with the rest of the properties along Fourteenth St. The description in the Master Plan for these FLUM neighborhood types is as follows:
The TC-4 Corridor Neighborhood is the least formally developed of the two types of commercial neighborhoods. The focus is on commercial innovation. The overall level of intensity generated within the confines of each district in this class of neighborhood tends to be the lower of commercial uses.
The subject property is the one of only two properties zoned C-1 along the corridor, the other being the State Police Building. The other commercial properties are zoned C-2 and C-3. It is unique in that C-1 is the least intense commercial district, which essentially does not allow retail, yet that is the zoning designation of this property situated at a highly visible corner.
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Traverse City Planning Department Shawn Winter, Planning Director
10.05.21
Page 3 of 9
The Corridors Master Plan (2013) further describes an adopted vision for this property and the Fourteenth Street corridor. The map below designates the location of the subject property as the West End with the following character of future development:
West End: The west end of Fourteenth Street is a busy commercial area, activated by traffic along Division and Fourteenth and activity generators such as Tom’s Market and Thirlby Field. As a gateway to the City, development should be attractive and help us shape a positive perception of the community. Commercial uses should cater to nearby residents and passing motorists. This area should be positioned to maximize its potential as a major commercial node by encouraging larger scale compressive development. However, this type of development would require property assemblage, which is complicated by small parcel sizes and multiple property owners. Buildings should be one to three stories in height, although depending on use, four to five stories could be appropriate to catalyze a larger redevelopment effort. Built Form: Large and mid-scale commercial buildings with strong visual impacts. Although serving motorists, properties should also be accessible to pedestrians. Assembling smaller parcels into larger development lots is desirable when possible. Parking: Parking should be behind the buildings. Height: 1 – 3 stories, although 4 – 5 stories could be appropriate on prominent properties. Uses: High activity, destination commercial uses. Residential is not desired on the ground floor due to the area’s role as a gateway.
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Traverse City Planning Department Shawn Winter, Planning Director
10.05.21
Page 4 of 9
The map below from the Corridors Master Plan (2013) more specifically prescribes the future of the subject location with the following narrative:
2. The Fifth-Third Bank building is oriented awkwardly with a long linear parking lot and drive-thru consuming valuable street frontage along Fourteenth Street. Reconfiguring the lot and drive-thru would allow for development on the east end of the site of a new convenience, retail, or service commercial use that compliments the surrounding neighborhood. Parking for the new development should be shared with the bank and screened from Fourteenth Street with a low masonry wall and landscaping.
The requested C-2 Neighborhood Commercial District would better align with the vision and goals of both the aforementioned plans. ZONING DISTRICT COMPARISON: The applicant has expressed desire to build a mixed use development on the property containing first floor retail and upper story residential, while maintaining the recently renovated existing office space. However, the developer is not beholden to this vision should the property be rezoned and therefore it is important to keep in
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Traverse City Planning Department Shawn Winter, Planning Director
10.05.21
Page 5 of 9
mind that all uses under the proposed C-2 zoning classification would be allowed. The following tables summarize the zoning standards for comparison:
Standard C-1: Office Service District
Intent
The Office Service (C-1) District is for the purpose of accommodating residentially scaled commercial buildings. A variety of low intensity uses designed to integrate with adjacent residential areas. Uses permitted generally generate low to moderate trips. Existing residential structures are intended to be preserved and adaptively reused without substantially altering the appearance of building exteriors. New structures, signs and lighting should be sensitive and respectful to adjacent residential properties.
By Right Uses*
ADU’s
Adult foster care family homes
Adult foster care small group homes
Adult use marihuana event organizer
Art galleries
Athletic fields
Boat houses
Business Services
Coffee houses, family or fine food restaurants in existing non-residential buildings (expansion prohibited)
Child care organizations
Community gardens
Dwellings: One-, two-, and multi-family
Educational service, except schools
Engineering, accounting, research, management and related services except testing and laboratory services
Essential services
Family child care homes
Finance, insurance and real estate services
Funeral services, except crematories
Golf courses
Group child care homes
Health services except hospitals
Home Occupations
Legal services
Mailing services
Medical equipment sales and rentals
Offices
Parks & Playgrounds
Personal services
Places of worship
Private clubs, lodges, fraternities, sororities
Public administration, except corrections
Repair services – watch, clock, jewelry, reupholstery and furniture
Rooming houses
Security services, exclusive of sales and installation
Social services
Tourist homes
Vacation homes
Veterinary services w/o outdoor runs
SLUP Uses
Communication Towers
Essential service bldgs.
Residential care & treatment facilities
Schools
Transitional housing and emergency shelters
Wind energy building-mount
Lot Width 20 feet (min.)
Lot Area 3,750 square feet (min.)
Density n/a
Imp. Surface 60% (max.)
Front Setback Building: The lesser of 8 feet or the average setback of principal buildings on the same face block Parking: 5 feet, except 10 feet when abutting or across an alley from an R-district
Side Setback Building: None, except 10 feet when abutting or across an alley from an R-district Parking: 5 feet, except 10 feet when abutting or across an alley from an R-district
Rear Setback Building: 5 feet, except 20 feet when abutting or across an alley from an R-district Parking: 5 feet, except 20 feet when abutting or across an alley from an R-district
Building Height
30 feet (max.), except 45 feet if one story is designated for residential use
Special Requirements
(1) Building size limits: a. A building shall not exceed 4,500 square feet in gross floor area per floor. b. A building may exceed the building size limits in this subsection in the following circumstances
only: 1. The building is located on Garfield Avenue, or 2. The building is used solely for residential purposes, provided the building is not used for a
vacation home rental. (2) No use shall be open to the public between the hours of 10:00 p.m. and 6:00 a.m. (3) The predominant building wall and entryway shall face the street.
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Traverse City Planning Department Shawn Winter, Planning Director
10.05.21
Page 6 of 9
Standard C-1: Office Service District
(4) Unless determined to be impractical by the Planning Director, the building width shall not be less than 80 percent of the property width at the street.
(5) Vertical building modulation shall be used to add variety and interest and to make a large building appear to be an aggregation of smaller units. Relief from a continuous street facing wall may be achieved with wall offsets in combination with pilasters, corbeling or other permanent architectural elements, however, offsets in any wall shall not be less than 8 inches from the subject plane.
(6) Window glazing shall be recessed from the outside of all building walls. (7) Clear or lightly tinted transparent glass shall be used for all windows facing a public street.
Decorative stained glass may be used for accents. Mirrored, smoked and darkly tinted glass is prohibited.
(8) Street-facing building facades shall incorporate permanent architectural elements which create shadow patterns and surface textures which, in turn, enhance visual interest.
(9) Except for buildings that are solely residential, windows or street level activities are required on 50 percent of the first story street wall facing any public street. Street level activities include public display space, public atriums, pedestrian entrances and interior circulation and windows with views into any designated street level use.
(10) For each 90 feet of linear building frontage, pedestrian entrances will be required. Pedestrian entrances may open onto the sidewalk or mid-block passages or walkways leading to the public right-of-way. Entries must be prominently identified and must not interfere with safe pedestrian passage along walkways. Primary entries must set back a minimum 4 feet from the facade, however the Planning Director may reduce or waive this requirement if no pedestrian zone conflicts are identified by the placement of the building.
(11) The spacing and shape of windows and openings on the building shall closely reflect the fenestration of any adjacent historic buildings. Brick, stone, wood or a combination thereof, compatible with adjacent historic buildings, shall be used.
(12) Fenestration, cornices and other primarily horizontal architectural elements incorporated in new buildings or additions to existing buildings shall be in context with historic buildings in the area.
(13) Any rooftop equipment shall be enclosed or screened from street level view using the same materials used for the building walls or a material which is approved by the Planning Director as visually compatible with the building.
(14) All buildings that front the street, except for parking structures, accessory and utility buildings and buildings that are intended and designed to be exclusively developed for residential use shall have a minimum height of 14 feet measured from the street level entrance level to the next finished level or roof structure. The Planning Director may grant a first floor building height exception if it has been clearly demonstrated that such provision is unnecessary or that such requirements would create a practical difficulty, as contrasted merely granting an advantage or convenience.
(15) Buildings on corner lots or on lots with a front loaded driveway shall have a clipped or recessed corner for the height of the first floor level if the building facade is within 20 feet of the street or driveway/street intersection. These building corners shall be recessed at least 5 feet from the planes of the building if such building is located less than 20 feet from the edge of street or driveway intersection. See diagram below.
Page 51 of 56
Traverse City Planning Department Shawn Winter, Planning Director
10.05.21
Page 7 of 9
Standard C-2: Neighborhood Center District
Intent
The Neighborhood Center district is for the purpose of accommodating small businesses primarily serving adjacent neighborhoods with day-to-day retail goods and services. These small centers are comprised of residentially-scaled buildings with limited parking areas and a strong pedestrian orientation. Existing buildings and quality vegetation should be retained. New buildings are to be designed to reflect a residential flavor and minimize impacts (e.g., noise, light, traffic) on neighborhood residences. Overall density of up to 29 dwellings per acre is allowed.
By Right Uses*
C-1 district uses except drive-throughs
Adult use marijuana retailer
Boat liveries
Brew pubs
Convenience stores
Drinking places w/ & w/o entertainment
Florists
Fruit & vegetable markets, but not public or municipal markets
Grocery stores
Hardware stores
Laundromats
Marinas
Medical marihuana provisioning center
Movie rental stores
News dealers and news stands
Parcel packing services
Pet grooming services w/o runs or kennels
Radio, television and consumer electronic stores
Restaurants, family, fine and fast (except drive-through and drive-ins)
Service stations and repair stations w/ no more than 2 bays, w/ or w/o fueling
Stores, retail, miscellaneous
Theatrical producers, entertainers, bands and orchestras
Parking areas, public.
SLUP Uses Residential care & treatment facilities
Schools
Transitional housing & emergency shelters
Wind energy building-mount
Lot Width 20 feet (min.)
Lot Area 3,750 square feet (min.)
Density n/a
Imp. Surface 70% (max.)
Front Setback Building: the lesser of 8 feet or the average of principal buildings on the same face block. Max of 25 feet Parking: Behind or to the side of the principal building setback a distance equal to the principal building or 25 feet, whichever is greater
Side Setback Building: None, except 10 feet when abutting or across an alley from an R-district Parking: 5 feet, except 10 feet when abutting or across an alley from an R-district
Rear Setback Building: 5 feet, except 20 feet when abutting or across an alley from an R-district Parking: 5 feet, except 20 feet when abutting or across an alley from an R-district
Building Height
30 feet (max.), except 45 feet if one story is for residential use
Special Requirements
(1) A building shall not exceed 6,000 square feet in gross floor area per f loor. (2) No use shall be open to the public between the hours of 2:00 a.m. and 6:00 a.m. (3) The predominant building wall and entryway shall face the street. (4) Unless determine to be impractical by the Planning Director, the building width shall not be less than
80 percent of the property width at the street. (5) Vertical building modulation shall be used to add variety and interest and to make a large building
appear to be an aggregation of smaller units relief from a continuous street facing wall may be achieved with wall offsets in combination with pilasters, corbeling or other permanent architectural elements, however, offsets in any wall shall not be less than 8 inches from the subject plane.
(6) Window glazing shall be recessed from the outside of all building walls. (7) Clear or lightly tinted transparent glass shall be used for all windows facing a public street.
Decorative stained glass may be used for accents. Mirrored, smoked and darkly tinted glass is prohibited.
(8) Street-facing building facades shall incorporate permanent architectural elements which create shadow patterns and surface textures which, in turn, enhance visual interest.
(9) Except for buildings that are solely residential, windows or street level activities are required on 50 percent of the first story street wall facing any public street. Street level activities include public display space, public atriums, pedestrian entrances and interior circulation and windows with views into any designated street level use.
(10) For each 90 feet of linear building frontage, pedestrian entrances will be required. Pedestrian entrances may open onto the sidewalk or mid-block passages or walkways leading to the public right-
Page 52 of 56
Traverse City Planning Department Shawn Winter, Planning Director
10.05.21
Page 8 of 9
Standard C-2: Neighborhood Center District
of-way. Entries must be prominently identified and must not interfere with safe pedestrian passage along walkways. Primary entries must set back a minimum 4 feet from the facade, however the Planning Director may reduce or waive this requirement if no pedestrian zone conflicts are identified by the placement of the building.
(11) The spacing and shape of windows and openings on the building shall closely reflect the fenestration of any adjacent historic buildings. Brick, stone, wood or a combination thereof, compatible with adjacent historic buildings, shall be used.
(12) Fenestration, cornices and other primarily horizontal architectural elements incorporated in new buildings or additions to existing buildings shall be in context with historic buildings in the area.
(13) Any rooftop equipment shall be enclosed or screened from street level view using the same materials used for the building walls or a material which is approved by the Planning Director as visually compatible with the building.
(14) All buildings that front the street, except for parking structures, accessory and utility buildings and buildings that are intended and designed to be exclusively developed for residential use shall have a minimum height of 14 feet measured from the street level entrance level to the next finished level or roof structure. The Planning Director may grant a first floor building height exception if it has been clearly demonstrated that such provision is unnecessary or that such requirements would create a practical difficulty, as contrasted merely granting an advantage or convenience.
(15) Buildings on corner lots or on lots with a front loaded driveway shall have clipped or recessed corners for the heights of the first floor level if the building facade is within 20 feet of the street or driveway/street intersection. These building corners shall be recessed at least 5 feet from the planes of the building if such building is located not less than 20 feet from the edge of street or driveway intersection. See diagram below.
* Some uses have applicable limitations in the zoning ordinance
The development pattern allowed under C-2 is not significantly different than those of C-1. However, the allowed uses under C-2 would better allow for the desired redevelopment of the location as prescribed in the Traverse City Master Plan (2017) and the Corridors Master Plan (2013). ANALYSIS OF REQUEST: Rezonings are legislative decisions and should be based on sound planning principles. The following questions have traditionally been provided to the Planning Commission for consideration of rezoning requests. Points and information have been provided to help facilitate the discussion.
1. Is the current C-1: Office Services District reasonable for the land and location?
The current zoning is not consistent with the vision, goals, and objectives for this location in the Traverse City Master Plan (2017) or the Corridors Master Plan (2013).
Page 53 of 56
Traverse City Planning Department Shawn Winter, Planning Director
10.05.21
Page 9 of 9
Limitations under the current zoning exist that prevent desired commercial uses at the location and along the Fourteenth Street corridor.
2. Is the rezoning request consistent with the goals and policies of the future land use plan of the Master
Plan?
The request is consistent with the future land use map and designated neighborhood type given its location at the corner of Division and Fourteenth Streets.
The request to rezone to C-2 would allow a land use pattern and a mix of uses that will have greater opportunity of implementing the Traverse City Master Plan (2017) and the Corridors Master Plan (2013).
3. Would the parcel size and environmental conditions accommodate C-2: Neighborhood Center District
uses?
The current lot size exceed the minimum area and width of the requested C-2 zoning classification.
The property is appropriate for allowed development under the C-2 zoning classification given the environmental characteristics that exist. The property is flat, has no wetlands, and is currently developed with a small office building with an extensive parking area.
Staff is awaiting feedback from the Grand Traverse County Brownfield Authority regarding potential environmental hazards that may be on the property.
4. Are the uses allowed in the proposed zoning district compatible with the surrounding uses?
The rezoning from a C-1 to C-2 zoning classification would be consistent with the zoning and uses currently along the corridor.
The additional uses allowed by the C-2 zoning classification align with the Traverse City Master Plan (2017) and Corridors Master Plan (2013).
5. Are there adequate utilities and capacity on the adjacent streets to serve the site?
Staff has contacted Traverse City Light & Power and the Department of Municipal Utilities on this item and is awaiting a response. None are anticipated given the property and corridor is already developed. Future development would be evaluated in terms of utilities on a case by case basis.
6. Are there sufficient demands for additional C-2: Neighborhood Center District allowable uses?
An identified goal of the City is to redevelop the Fourteenth Street corridor, both in terms of streetscape additional development/redevelopment. The C-2 zoning classification will allow the desired uses for this location along the corridor.
Under Section 1320.04 of the Traverse City Code of Ordinances, the Planning Commission shall hold a public hearing on rezoning requests, following the procedures contained within, and make a recommendation to the City Commission. The following suggested motion is provided for consideration: I move that the request initiated by Richard Weaver, owner and applicant, to rezone property commonly known as 630 W Fourteenth Street from C-1: Office Services District to C-2: Neighborhood Center District be introduced and scheduled for a public hearing for the Planning Commission regular meeting on November 3, 2021.
Page 54 of 56
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Page 56 of 56
