AMENDED NOTICE OF RESCHEDULED REGULAR MEETING

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1 June 27, 2018 AMENDED NOTICE OF RESCHEDULED REGULAR MEETING The City of New Buffalo Planning Commission is rescheduling their Regular July meeting to Monday, July 2, 2018 at 7:00 p.m., in the New Buffalo City Hall Council Chambers, 224 W. Buffalo Street, New Buffalo, MI The following will be on the agenda: a. Election of Officers b. Approval of Minutes c. Redamaks Extension Request d. Master Plan Discussion This meeting is an open meeting. The notice is posted in compliance with Open Meeting Act, Public Act 267 of 1976 and the Americans with Disabilities Individuals with disabilities requiring auxiliary aids should contact the City Clerk by writing or calling the following: Lori Vander Clay, City Clerk, (269) , 224 W. Buffalo St., New Buffalo, MI All interested parties are urged to attend. Mary Lynn Deputy Clerk CITY HALL 224 WEST BUFFALO NEW BUFFALO, MICHIGAN / FAX 269/

2 PC Regular / Special Meeting July 2, 2018, 7 p.m. 1. Call to Order, Pledge of Allegiance & Roll Call 2. Approval of Agenda 3. Election of Officers 4. Public Comment 5. New Business a. Approval of Minutes b. Redamaks Extension Request 6. Unfinished Business b. Master Plan Update 7. Commissioner Comments 8. Adjournment

3 April 3, 2018 Planning Commission Regular Meeting 7:00 p.m. City of New Buffalo Planning Commission Regular Meeting was called to order by Vice Chair Joseph at 7:00 p.m.in the City Hall Council Chambers at New Buffalo City Hall, 224 West Buffalo Street, New Buffalo, MI The Pledge of Allegiance was led by the Commission. Roll Call: Present: Members Hullett, Bernstein, Lauer, Vice Chair Joseph, Member McCollum, Member Gabryszewski Absent: Chair Billingslea Staff Present: City Manager David Richards, Deputy Clerk Mary Lynn Motion by Member Lauer, seconded by Member Gabryszewski, to approve the Agenda, voice vote unanimous 6-0, motion carried. Public Comment: None New Business: Approval of Minutes Motion by Member Lauer, seconded by Member McCollum to approve the Minutes of January 18, 2018, voice vote unanimous. Motion carried 6-0. Unfinished Business Master Plan City Manager, David Richards reported that the Master Plan has been in the hands of John Houseal of Houseal Lavigne and that John Houseal is awaiting Chair Billingslea s return so they can go over some of his edits. John Houseal approximates he might have it ready two weeks after their discussion. After that the Planning Commission can hold a Special Meeting or can possibly add it to the Special Meeting scheduled on April 24, Commissioners Comments: None Adjournment Motion by Member McCollum, seconded by Member Lauer to adjourn the meeting, at 7:04 pm., Voice vote unanimous. Motion carried 6-0. Larry Bernstein, Secretary Mary Lynn, Recording Secretary Page 1 of 1

4 April 24, 2018 Planning Commission Special Meeting 7:01 p.m. City of New Buffalo Planning Commission Special Meeting was called to order by Chair Billingslea at 7:01 p.m.in the City Hall Council Chambers at New Buffalo City Hall, 224 West Buffalo Street, New Buffalo, MI The Pledge of Allegiance was led by the Commission. Roll Call: Present: Members Hullett, Bernstein, Lauer, McCollum, Joseph, Gabryszewski, Chair Billingslea Staff Present: City Manager David Richards, Deputy Clerk Mary Lynn, Building Inspector Ed Carpenter, City Attorney, Nick Curcio Motion by Chair Billingslea, seconded by Member McCollum, to approve the Agenda with the addition of Public Comment after Approval of Agenda, voice vote unanimous 7-0, motion carried. Public Comment: None New Business: Public Hearing Site Plan/Special Land Use-Applicant, Louis Hoekstra Chair Billingslea opened the Public Hearing at 7:02pm Public: In favor of Site Plan/Special Land Use Application Jeff Dryden In opposition of Site Plan/Special Land Use Application Shannon Swindle Jennifer Summers Vanessa Thun Donna Messinger Brian Sexton Judy Swindle Don Matthews Ray Kirkus Kathy Sexton Laura Cammerer Applicant gave presentation with pictures supporting his Application for Site Plan/Special Land Use. Questions were asked by Commissioners relating to number of parishioners and parking spaces. City Manager read from his Staff Report which is included in the final packet. He is recommending the Planning Commission approve the Site Plan and Special Use permit for Project #0118 referred to as Sawyer Highland Church Parking Lot expansion be approved as submitted. City Attorney clarified that this is a separate application and stands alone from the Application for Site Plan that was approved last September. The applicant s intent is to avoid further litigation regarding the Page 1 of 3

5 April 24, 2018 Planning Commission Special Meeting 7:01 p.m. September approval by having the proposed parking lot expansion approved under a different theory. The September proposal was for a parking lot proposed as a stand-alone parking lot. In contrast, this application is to amend the special use permit for the church itself to include the proposed parking lot expansion. The court case argument is whether a parking lot is permitted as a stand-alone use in the R-1 district. Building Inspector was questioned about the 10-foot setback that was reduced. In a prior Site Plan Review the Planning Commission allowed Jackson Fruit Stand to put a fence on the property which reduced the set back. He also stated that when the library was built they had the same issue and they were given the right to put up a privacy fence as well. Commissioners Comments: Member Hullett is concerned about the open court case and that that the neighbors do not want it. Member Bernstein was concerned about notice issues relating to the last application. He is not clear on the plan for the drainage. Member Lauer stated she agrees with the proposal but the resolution talks about a pending court case and that concerns her. Member McCollum also had concerns about the notice as well but stated that the house is a foot higher and that the flooding would not be caused by that. Member Joseph stated that the worst case from a drainage perspective is if someone builds a house on the property. Member Gabriewczki was concerned about notice issues for the September approval. Chair Billingslea feels it needs more discussion and that the public outcry is obvious. Motion by Member McCollum, seconded by Member Lauer to deny the Site Plan/Special Land Use Application as it does not meet Section 17-2A (1) and 17-2(B) of the City of New Buffalo Zoning Ordinance. Discussion: City Attorney gave a brief history of the significance of court case which relates to the previously filed Site Plan Application. Pursuing this application as an alternative to the prior approval was the property owner s decision. The court case is not a valid reason to postpone a decision on this application. Any decision can be appealed. Roll Call Member Hullett Member Bernstein Member Lauer Member McCollum Member Joseph Member Gabriewczki Chair Billingslea No No No Page 2 of 3

6 April 24, 2018 Planning Commission Special Meeting 7:01 p.m. Motion passes 4-3 Adjournment Motion by Member Hullett, seconded by Member Lauer to adjourn the meeting, at 9:04 pm., Voice vote unanimous. Motion carried 7-0. Larry Bernstein, Secretary Mary Lynn, Recording Secretary Page 3 of 3

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