Council Chamber February 20, 2017 Henry L. Brown Municipal Bldg.: One Grand Street (517) PLANNING COMMISSION MINUTES REGULAR MEETING

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1 Council Chamber February 20, 2017 Henry L. Brown Municipal Bldg.: 5:30 p.m. One Grand Street (517) Coldwater, Michigan ROLL CALL PLANNING COMMISSION MINUTES REGULAR MEETING Chairman Miller called the meeting to order with the following Commissioners present: Bauschard, Cole, Garn, Rumsey, Mayor Kramer, Petzko, Stevens and Swain. Others present: Keith Baker, Dean Walrack, Susan Heath; Dan and Christine Lewis, Lela Ash, Connie Wilcox, Dan Corwin, Jacob Eby, Pete Baker, Jeff Vermeulen, Jean Milnes, Chuck Wood, Karen Klein, Phil Nowicki, Terry Boguth, Don Reid, Jim Measel and approximately 40 others. 1. Minutes of the Regular Meeting of January 3, Commission Action: Motion by Commissioner Bauschard, seconded by Commissioner Cole, to approve and place on file the minutes of the Regular Meeting of January 3, 2017, as presented. Ayes: 9 Nays: 0 Motion carried PUBLIC COMMENTS (unrelated to items on the agenda) None PUBLIC HEARING 2. SUP A request from Mr. Vern and Mrs. Pam LaFountain and Ms. Lisa LaFountain Cook to consider a special land use permit for a Child Group Day Care Home for 7-12 children to be located at 123 Walnut Street as outlined by Section of the City of Coldwater Zoning Code. Chairman Miller read the procedures for Public Hearings and then opened the Public Hearing at 5:34 p.m. Engineering Services Administrator Dean Walrack presented SUP 17-01, a request to consider a special land use permit for a Child Group Day Care Home for 7-12 children to be located at 123 Walnut Street as outlined by Section of the City of Coldwater Zoning Code.

2 COLDWATER PLANNING COMMISSION MINUTES Page 2 February 20, :30 p.m. A special land use permit is required for this project by Section of the Zoning Ordinance. Section (Special Land Uses chapter) of the Zoning Ordinance states that: The Planning Commission shall review the particular circumstances of the special use application under consideration in terms of the following standards and shall approve a special use only upon a finding of compliance with each of the following standards, as well as applicable standards established elsewhere in this Zoning Code. The applicant is requesting that permission be granted to operate a Child Group Day Care Home from their residence at 123 Walnut Street. The site is located in the southwestern residential neighborhood of the 4 th Ward on Walnut St. between Lilly St. and Peckham St. The home is one of the many large older houses in this part of the city on a lot of.43 acres in size. The site is in an established single-family neighborhood and is within 500 feet of the Jaycee s Park and the former Franklin School, and within 1,000 ft. of the head of the non-motorized Linear Trail which connects this neighborhood to the Heritage Park. The transportation grid immediately surrounding the site consists of low-speed streets with a built-out sidewalk network. Administrator Walrack presented information on the existing language from the City s following zoning code sections as it pertains to this application, and provided staff recommendation. After careful review, it is staff s opinion that this site is able to meet all requirements of the A-1 district, as well as the additional impositions of the Group Day Care Home special use, and the five Special Use Permit discretionary standards identified at the beginning of this report. This opinion is conditioned upon the installation of fencing which complies with the five-foot minimum of the Group Day Care Home special use. The city has received no public comments in opposition to or support of this petition. Notices were mailed to properties within three hundred feet and a public hearing notice was published in the Coldwater Daily Reporter on February 6, 2017, as required by law. A majority vote of the members present is required for approval of this petition. As a special land use application, this petition does not require city council review or approval. Public comments: None. Petitioner Mr. Vern LaFountain answered Commissioner Rumsey s Chairman Miller s question regarding fencing. Chairman Miller closed the Public Hearing at 5:42 p.m. Commission Action: Motion by Commissioner Petzko, seconded by Commissioner Stevens, to approve SUP 17-01, along with the installation of fencing which complies with the five-foot minimum of the Group Day Care Home special use, as presented.

3 COLDWATER PLANNING COMMISSION MINUTES Page 3 February 20, :30 p.m. Ayes: 9 Nays: 0 Motion carried. OLD BUSINESS 3. RZN A request from The NRP Group, LLC to consider rezoning parcel from A-1 One Family Residential District to A-3 Multi-Family Residential District in accordance to Section of the City of Coldwater Zoning Ordinance. Engineering Services Administrator Dean Walrack reviewed the January 3, 2017 Planning Commission proceedings regarding RZN 17-01, a request from the NRP Group, LLC to consider rezoning parcel from A-1 One Family Residential District to A-3 Multi- Family Residential District in accordance to Section of the City of Coldwater Zoning Ordinance. The City of Coldwater Planning Commission held a public hearing on the petition on January 3, 2017, at which time the application was tabled so that staff could provide further research as follows: District Intents: A-1 ONE-FAMILY RESIDENTIAL: This Zone District is designed to be a large lot singlefamily residential district intended to provide a low-density environment of predominantly single-family dwellings A-3 MULTI-FAMILY RESIDENTIAL: This Zone District is designed primarily for apartments, dwelling groups, and one and two-family residences. TRAFFIC CONSIDERATIONS West Pearl Street was included in the 2015 collection of traffic counts. The Average Daily Total was 1,765 and the Average Annual Daily Total (that which is adjusted to account for seasonal variations) was 1,450. The applicant has had a traffic study performed by a contracted firm to compare a 70-unit apartment complex to a 100-child daycare center. The findings of the report point to a slight increase in total daily trips (548 for the apartment/446 for the daycare) with a slight decrease in traffic at both the A.M. and P.M. peak hours (39/78 and 57/58 respectively). HARMONY The term harmonious is used as a consideration upon which determination of appropriateness is made in the issuing of a Special Use Permit, specifically that: (a)(1) The special land use shall be harmonious with and in accordance with the general objectives, intent and purpose of this Code (a)(2) The special land use shall be designed, constructed, operated and maintained in a manner harmonious with the character of existing and future land uses on adjacent property and the surrounding area.

4 COLDWATER PLANNING COMMISSION MINUTES Page 4 February 20, :30 p.m. This term has no definition within the code and is a subjective assessment of appropriateness upon which each commissioner must make when determining the issuance of a Special Use Permit. Harmoniousness is not a term which is applied during Rezoning applications except in regards to potentially allowable special uses. CONSISTENCY There are several considerations pertaining to the rezoning process which require commissioners to judge consistency with the surrounding area and with the Master Plan. A project can be consistent with the Master Plan, yet be inconsistent with a particular geography. A rezoning of a specific site must be judged with both the macro city-wide Goals and the micro sensitivity to the stability of surrounding neighborhoods. In this vein, attention should be paid to the following considerations: 1. Is the proposed amendment consistent with the City s Master Plan? 7. Is the proposed zoning consistent with the zoning classification of surrounding land? 8. Is the proposed zoning consistent with the future land use designation of the surrounding land? 10. Is the proposed zoning consistent with the trends in land development in the general vicinity of the property? WETLANDS Portions of the wetland which occupies the west half of the site have recently been reviewed during the installation of the forced wastewater main and found not to meet the characteristics which would trigger Michigan Department of Environmental Quality protection. It is likely that much of this wetland is of a similar character and could be developed upon. The MDEQ will need to delineate and approve any such disturbances before any development would be able to take place in the currently identified wetlands. PUBLIC COMMENTS A public hearing notice was published in the Coldwater Daily Reporter on December 14, In addition, owners of properties located within a-300 ft.-proximity of 95 South Fremont Street were sent notices of the scheduled public hearing directly. The public hearing took place at the regular meeting of the City of Coldwater Planning Commission on January 3, 2017, with several comments opposed to the rezoning application, as well as multiple ed objections. Public objection was also expressed at the January 9, 2017, regular meeting of the City of Coldwater City Council. While another public hearing is not necessary, notice of the rezoning application s scheduled discussion during the February 20, 2017 meeting of the City of Coldwater Planning Commission has been mailed to all residents within 300 ft. of the subject site, as well as included in the January 24, 2017 edition of the Coldwater Daily Reporter. In addition to two letters received prior to the January 3, 2017 Planning Commission Meeting (attached with that set of minutes), four more letters were received for Planning Commission review (attached in Addendum B), three in opposition and one in favor of the rezoning. Mary Hada, representing NRP Group, LLC, was on hand to answer Commission and public questions. A letter from NRP, regarding Conditional Rezoning of Land, is attached in Addendum A.

5 COLDWATER PLANNING COMMISSION MINUTES Page 5 February 20, :30 p.m. Public Comments in opposition to the proposed zoning change were received from the following: Dan Lewis, 166 W. Pearl Presented a PowerPoint presentation Lela Ash, 211 W. Pearl Presented 452 resident petition signatures in opposition Connie Wilcox, 76 Pelton Dan Corwin, 22 Lilly Jacob Eby, 282 W. Pearl Christine Lewis, 166 W. Pearl Pete Baker, 186 W. Pearl Jeff Vermeulen, 63 S. Fremont Chuck Wood, 225 W. Pearl Karen Klein, 988 Williams Dr., Quincy Phil Nowicki, 128 Peckham Discussion topics and areas of concern included but were not limited to the following: Increased traffic patterns Increased lighting pollution Increased crime Increased tax liability Decreased safety Disruption of peace Decreased property values Drastic change from current view Drastic change from current perception of park area Conflict/compliance with the City Master Plan, both current and future plans Public Comments in favor of the proposed zoning change were received from the following: Jean Milnes, Coldwater School Board Member from Ovid Township Terry Boguth, Superintendent of Coldwater Schools, answered Commissioner questions Commission Actions to increase public comment: Commission Action: Motion by Commissioner Petzko, seconded by Commissioner Stevens, to allow Dan Corwin three more minutes, as presented. Ayes: 9 Nays: 0 Motion carried.

6 COLDWATER PLANNING COMMISSION MINUTES Page 6 February 20, :30 p.m. Commission Action: Motion by Commissioner Petzko, seconded by Commissioner Stevens, to allow Pete Baker three more minutes, as presented. Ayes: 9 Nays: 0 Motion carried. Commission Action: Motion by Mayor Kramer, seconded by Commissioner Petzko, to allow Chuck Wood three more minutes, as presented. Ayes: 9 Nays: 0 Motion carried. Commission Action: Motion by Commissioner Petzko, seconded by Mayor Kramer, to allow Phil Nowicki three more minutes, as presented. Ayes: 9 Nays: 0 Motion carried. Commission Action: Motion by Commissioner Rumsey, seconded by Commissioner Garn, to allow Chuck Wood to speak a second time for an additional two minutes, as presented. Ayes: 3 Nays: 6 Motion failed. Administrator Walrack also answered Commissioners questions regarding Conditional Rezoning parameters; lighting restrictions for the proposed project; greenspace boundaries; and possible rezoning fallout of larger homes to multi-family. Commission Action: Motion by Commissioner Petzko, seconded by Commissioner Steven, to not recommend to City Council RZN 17-01, as presented. Roll Call Vote:

7 COLDWATER PLANNING COMMISSION MINUTES Page 7 February 20, :30 p.m. Ayes: Commissioners Rumsey, Mayor Kramer, Petzko, Stevens and Chairman Miller Nays: Commissioners Bauschard, Cole, Garn and Swain Motion carried. NEW BUSINESS None ADJOURNMENT Next Meeting March 6, 2017 Noting no other business to come before this Commission, Chairman Miller adjourned the meeting at 7:44 p.m. Susan E. Heath, CMC City Clerk

8 5309 Transportation Blvd. Cleveland, Ohio Phone (216) Fax (216) February 16, 2017 Mr. Dean Walrack Interim Planning & Zoning Administrator/Engineering Services Administrator One Grand Street Coldwater, MI Re: Conditional Rezoning of Land Dear Mr. Walrack, The following is to request our proposed development located at 95 S. Fremont Street a consideration for conditional rezoning to allow for a more flexible approach to the rezoning process. We are offering the condition: CONDITIONAL REZONING OF LAND C. Time Limits and Reversion of Land to Previous District. We propose the reversion of the zoning classification to its former zoning classification if the Michigan State Housing Development Authority does not fund the proposed project. The development is planned to include a maximum of seventy (70) one, two and three apartment homes and a clubhouse outlined in the preliminary site plan dated January 28, 2017 and submitted to the city and community for public review and comment. The time limit requested is for 12 months from the application date of April 3, 2017, unless an extension is granted by the City Council. Please do not hesitate to contact me if you have questions based on the response or require additional information. Respectfully, Aaron Pechota Sr. Vice President of Development

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