city commission agenda packet

All interested persons may attend and participate. Persons with disabilities who need assistance to participate may call the Human Resources Office at 779-5313. A 48-hour advance notice is necessary for accommodation. Hearing impaired individuals may contact the City via the Michigan Relay Center for Speech & Hearing Impaired: 1-800-649-3777.

Work Session of the Mt. Pleasant City Commission Monday, August 23, 2010

6:30 p.m. CALL TO ORDER: ROLL CALL: WORK SESSION:

1. Work Session on Redevelopment District

Regular Meeting of the City Commission

Monday, August 23, 2010 7:00 p.m.

Agenda CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PROCLAMATIONS AND PRESENTATIONS:

1. United Way Proclamation

ADDITIONS TO AGENDA: PUBLIC INPUT ON AGENDA ITEMS: RECEIPT OF PETITIONS AND COMMUNICATIONS:

2. Minutes of the Mt. Pleasant Planning Commission (July)

CONSENT CALENDAR: DESIGNATED (*) ITEMS CITY COMMISSION MINUTES:

3. Approval of the minutes of the regular meeting of the Mt. Pleasant City Commission held August 9, 2010.

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City Commission Agenda August 23, 2010


CITY COMMISSION MINUTES (continued):

4. Approval of the minutes of the closed session of the Mt. Pleasant City Commission held August 9, 2010.

PUBLIC HEARINGS: STAFF RECOMMENDATIONS AND REPORTS:

5. Consider transfer of funds from the Brownfield Redevelopment Finance Authority to the Economic Development Corporation for the purpose of incenting economic development.

6. Set a public hearing for September 27, 2010, for the proposed Conditional Rezoning of properties located at 1116 E. Pickard, 1202 E. Pickard, and 802 N. Brown to rezone the south 50 feet of the property from R-3, Residential to C-3, General Business.

7. Set a public hearing for September 27, 2010, on a proposed Ordinance

Amendment to Sections 154.081 (B) and (C), and Sections 154.082 (B) and (C), of Chapter 154: Zoning Ordinances of the Code of Ordinances regarding residential uses in office districts.

8. Consider an easement amendment with Hunter Realty for the property located

at 2000 S. Mission.

9. Consider setting a special meeting for Monday, September 13, 2010, to begin at 2:00 p.m. for the purpose of holding a closed session.

10. Consider closed session pursuant to subsection 8(e) of the Open Meetings Act to

consult with attorney regarding strategy in connection with specific pending litigation.

11. Approval of payrolls and warrants. ANNOUNCEMENTS ON CITY-RELATED ISSUES AND CONCERNS: PUBLIC COMMENT ON AGENDA AND NON-AGENDA ITEMS:

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City Commission Agenda August 23, 2010


RECESS: ADJOURNMENT:

PROCLAMATION WHEREAS, The United W ay o f I sabella C ounty b egan a s t he C ommunity

Chest/United Fund in 1954, created through the support o f the Chamber o f C ommerce a nd t he inv olvement of local businessmen who wanted to find a way to help meet the needs of the community; and

WHEREAS, The driving force during t he ea rly d ays o f t he U nited W ay o f

Isabella County was the no tion t hat a u nified, o rganized campaign c ould b etter a ddress t he need s o f the local community, the slogan “Give ONCE and for ALL when you give the UNITED way”; and

WHEREAS, In t hese d ifficult ec onomic t imes, t he U nited W ay of Isabella

County has r esponded w ith a new f ocus f or t he f uture: b asic needs, education, and economic self sufficiency; and

WHEREAS, The United Way of I sabella County desires to establish an event

that shows ho w M t. P leasant a s a c ommunity c an m ake a difference in t he l ives of others, b rings f ocus t o neig hbors in need, and celebrates how each m ember o f t he c ommunity can choose to LIVE UNITED;

NOW, THEREFORE, I, Jim Holton, Mayor of the City of Mt. P leasant, M ichigan, and

on b ehalf o f t he M t. P leasant City Commission, do hereby proclaim September 11, 2010 as the:

"CELEBRATION OF RIDE UNITED"

in the City of Mt. Pleasant and formally invite and call upon Mt. Pleasant citizens to c elebrate a nd enc ourage ea ch o ther, a s cyclists p articipate in a 3 -mile F amily F un R ide, a nd a s a community welcome those c yclists p articipating in t he R IDE UNITED 100 -mile ride, whose j ourney w ill ha ve b egun in K ent County and will end at Island Park.

In Witness Whereof, I hereunto set my hand and t he Gr eat S eal o f t he City of Mount Pleasant, Michigan, this 23rd day of August, 2010. ________________________________________ Jim Holton Mayor of Mount Pleasant

Mt. Pleasant Planning Commission Minutes of Regular Meeting

July 1, 2010

I. Chairman Orlik called the meeting to order at 7:00 p.m.

Present: Brockman, Holtgreive, Lux, Orlik (Chair), Rautanen, Robinette

Absent: Kostrzewa, Smith (Vice-Chair), with one vacancy.

Staff: Gray, Murphy. II. Approval of Agenda:

Motion by Rautanen, support by Brockman to approve the agenda. Motion approved.

III. Approval of Minutes

A. June 3, 2010 regular meeting.

Motion by Brockman, support by Holtgreive to approve the minutes from the June 3, 2010 regular meeting as written. Motion approved. B. June 3, 2010 Work Session. Motion by Brockman, support by Rautanen to approve the minutes from the June 3, 2010 work session as written. Motion approved.

IV. Zoning Board of Appeals Report.

Commissioner Brockman reported that the ZBA heard three cases at their June meeting.

1) The first case involved a request for a sign variance for MC Sports, which was approved by the ZBA. The applicant was requesting a variance to allow a sign exceeding the 100’ cap for stores within a shopping center. The Board granted the request based on the fact that the applicant was keeping within the 1ft2 per 1 foot of building frontage ratio and they felt that this location was somewhat unique based on the amount of store frontage, as there are very few stores within a shopping center that exceed 100’ of store frontage. 2) The second case heard was a request to allow a second driveway access onto Fancher Street within the first 100 foot of lot frontage for the new warehouse going up at 1280 N. Fancher. The ZBA granted the request based on the fact that the second driveway would be used as a

Mt. Pleasant Planning Commission Minutes July 1, 2010 Page 2 of 8

service drive only and also took into consideration the small lot sizes on the North end. 3) The third case heard was a request for a setback variance for an addition to be built on an existing residential structure. The addition will be used to extend the kitchen and carport and will not extend into the setback any more than the existing structure, but will maintain the existing line. The Board considered the lot size as a factor in making their determination.

V. Public Hearings: None Scheduled.

VI. Public Comments:

Chairman Orlik opened the floor for public comments. There being no one who wished to address the Board, the public comments session was closed.

VII. Site Plan Reviews:

A. SPR-10-11– 1029 S. Douglas - Site Plan Review for expanding the parking area and adding

two additional parking spaces. Staff reported that the site currently is licensed for 17 occupants with a total of 16 parking spaces. The site is currently non-conforming as it does not meet the current ordinance requirements of a 1:1 parking ratio. Adding the additional two spaces would bring the site into compliance in regards to parking. Staff reported the two additional parking spaces would be located off the alley, with the size complying with ordinance requirements. Staff further commented that the applicant is willing to provide landscaping along the front of the property and also along the south property line. Staff referred to the landscaping plan that the applicant brought to the meeting. Staff stated there is currently a dumpster on site and noted that the site has been the target of illegal dumping in past years. The applicant has indicated they would look into the possibility of eliminating the dumpster and possibly using trash carts as a way to help solve this issue. Staff reported that the proposal complies with the minimum requirements of the Zoning Ordinance.

Laura Harter, representing the applicant for the case, addressed the Board. Ms. Harter stated they have a meeting set up with the waste hauler to address the trash issues referred to by staff.

Chairman Orlik asked if the space designed for the compact car would remain on site. Ms. Harter indicated it would.

Commissioner Robinette asked for specifications on the proposed landscaping. Ms. Harter stated they would be adding some mulch, boxwoods, a burning bush, ground cover, etc. She also indicated that they would be adding some arborvitaes along the parking area as a living shield for the two additional parking spaces.

Chairman Orlik indicated that with the landscape plan submitted so late, he would like to see a clause that the proposed landscape be acceptable to the Planning Director.

Motion by Robinette, support by Rautanen, to approve SPR-10-11 for the property located at


1029 S. Douglas, based on the site plan dated May 17, 2010 and prepared by Mears Engineering, for William F. Marshall, with the following conditions:

1. The applicant shall provide a landscaping plan acceptable to the city staff prior to

commencing with construction.

2. The applicant shall provide a plan to address illegal dumping on the site to staff prior to commencing with construction.

3. The applicant shall comply with the requirements of the Division of Public Safety

(DPS) and the Division of Public Works (DPW), including storm water management.

Commissioner Lux asked if staff would be telling the applicant what types of plants to use in the landscaping and where the landscaping should be placed. Gray stated that staff would not be designing the landscape plan, but would review the plan designed and submitted by the applicant.

Motion approved unanimously.

B. SPR-10-12 – 1280 N Fancher. Chairman Orlik referred the Board to the updated information

provided by staff following new information submitted by the applicant earlier in the day. Staff reported that the site recently received approval from the ZBA, allowing a second driveway. Staff reminded the board that this site was approved by the Planning Commission in May for the proposed warehouse. The proposed tenant has asked for some modifications to the site plan to accommodate their needs, therefore this request is back before the Board. Staff outlined the changes to the plan, including the addition of an overhead door and driveway facing Fancher Street; the addition of a self-contained cleaning station on the north side of the building; the addition of 3 maple trees along the south property line; and a reconfiguration of the parking area. Staff further commented that the applicant has included some stone and vinyl shake siding to help dress up the building. The plan calls for a phased construction, with the back 2,400 square feet of the proposed 8,400 square foot building to be built at a later time. Staff commented that with the cleaning station having outdoor exposure, the applicant has been asked to provide some screening. They are currently working with the tenant to determine needed clearances.

Wally Link, applicant, addressed the Board. Mr. Link reported that the tenant is in the business of servicing water pumps for the oil industry. He addressed the screening issue, stating they are not sure yet how they are going to screen the cleaning station, but will do what they need to do. He stated they would like to keep the screening as close to the tanks as possible without hindering operations. He further reported that there will be no drains in the cleaning station – the system is self-contained with the waste put into a storage tank and hauled away. Chairman Orlik questioned whether the cleaning station was the property of the owner or the company. Mr. Link stated it was the tenant’s station and if they moved out, the cleaning station/tanks would go with them.

Commissioner Rautanen asked if there were chemicals used in the process. Mr. Link stated


there were no chemicals – the process uses steam and hot water to clean. They are cleaning mainly mud, sand and dirt, with possibly some paraffin.

Motion by Lux, support by Rautanen to approve SPR-10-12 for the property located at 1280 N. Fancher, based on the site plan dated May 12, 2010 and elevations dated May 27, 2010 prepared by Dennis Maloney, architect, for Wally Link, with the following conditions:

1. All conditions related to the original Site Plan Review (SPR-10-08) remain in effect. 2. The applicant shall comply with the requirements of DPS and DPW, including

requirements related to the installation of the self-contained cleaning station. 3. Construction of phase 2 of the project may proceed provided that the Site Plan Review

remains current. Construction after one year from the date of this approval will require the applicant to seek an extension of this approval or a new site plan approval.

Motion by Holtgreive, support by Brockman to amend the motion to include the following condition: 4. The applicant shall submit a revised plan to the Community Development Department

that screens views of the self contained cleaning station when not in use prior to occupancy of the building, along with a financial guarantee to assure its completion.

Motion to amend the original motion carried.

Motion to approve SPR-10-12 with stated conditions 1-4 approved unanimously.

C. SPR-10-13 – 2000 S Mission. Site Plan request to allow an expansion of the outdoor dining

patio in front of O’Kelly’s. Staff explained that the applicant is requesting approval to increase the current patio of about 1,900 square feet to over 2,900 square feet. The use is a permitted accessory use in the C-3 zoning district. Staff noted that DPW has indicated there is a utility easement and a sanitary sewer in close proximity to the proposed patio. Staff further noted that the surface placement of the patio would be allowed with an agreement, which would be drafted to state that any restoration/replacement costs incurred due to necessary excavating to repair the sanitary sewer would be the responsibility of the owner. The applicant has agreed to enter into such an agreement. Staff also noted that it was also the applicant’s responsibility to coordinate the patio installation with other utilities that may be located within the easement. Staff stated that the proposed patio advances the outdoor amenities that the Planning Commission has encouraged through the Redevelopment Overlay Zone for Mission Street.

Commissioner Robinette questioned whether the agreements would be in place prior to the commencement of the construction. Staff indicated they would be.

John Hunter, applicant for the case, addressed the Board. Mr. Hunter stated they wish to expand the patio to benefit their food business and to gain a Mission Street presence. He stated he feels the plan fits with the City’s plan for Mission Street. He indicated they wish to put in some decorative stone, along with decorative fencing to enhance the appearance. They wish to extend the patio around the north side of the building for overflow during larger gatherings.


Chairman Orlik asked if there would be an entrance to the patio from Mission Street. Mr. Hunter indicated the entrance would remain in the back with fire gates available from the patio. He further stated that the existing patio is 80% covered and they wish to extend the patio for those who wish to enjoy the weather.

Commissioner Lux asked if it would be possible to have an entrance in the front. Mr. Hunter indicated they did not wish to do so right now as it would be difficult to monitor two entrances.

Commissioner Lux expressed concern with the proximity to Dr. Osbeck’s drive. Mr. Hunter did not believe this would pose any problems, and further stated Dr. Osbeck has an easement for the drive, and stated they may be able to “jog” the proposed patio if needed.

Brief discussion ensued regarding the proximity of Dr. Osbeck’s drive to the proposed patio and whether they had been notified of the proposal. Staff stated that notices do not go out for Site Plan Reviews and that the project meets the requirements of the ordinance and easement issues are a private issue between the involved parties.

Motion by Robinette, support by Lux to approve SPR-10-13 to allow the installation of an outdoor patio at the property located at 2000 S. Mission Street, based on the drawings submitted with the request, with the following condition:

1. The applicant shall comply with the requirements of the Division of Public Works

(DPW) and the Division of Public Safety (DPS). 2. The applicant shall enter into an agreement with the City regarding the placement of the

patio within the utility easement and in close proximity to the City’s sanitary sewer prior to construction of the patio. The agreement shall be in a form acceptable to the City Attorney.


D. SPR-10-14 – 1705-1720 S. Mission - request for final Site Plan review for 5,000 square foot

retail building with drive-through. Staff reminded the Board that the applicant was granted conceptual site plan approval under the Mission Redevelopment Overlay Zone in February, based on the upgraded materials and site appearance. Staff reported that the site layout is the same as what was approved, with the landscaping focused on the public side of the development, to include a green buffer with decorative fencing, including shrubs and trees. Staff further reported that the applicant has indicated they would dress up the existing sign with some brick on the piers, similar to what is proposed for the building. The building itself will be a mix of glass and brick, with some changes in building height, awnings, etc.

Commissioner Robinette asked why the north entrance into the parking lot was significantly smaller than the south. Staff explained that the south entrance is the existing entrance. The north entrance is being designed to line up with the cross connector road that is being pursued by the city to run through the Gordon Food Services parking lot. MDOT has indicated that


there is sufficient distance between signals on Mission to entertain the idea of a signal at this entrance. With a signal, there wouldn’t be a need for a wider entrance.

Chairman Orlik asked for clarification on the location of the water main. Staff stated that there is a hydrant at the end of the main and since the main was not located on the site plan, it is unclear if this will be an issue or not. If so, the applicant may either need to relocate the main or shift the building. Staff further stated this would be the applicant’s responsibility. Brandon LaBelle, representing Lacoz LLC, addressed the Board.

Chairman Orlik questioned Mr. LaBelle on why staff just received the landscape plans. Mr. LaBelle stated there was a miscommunication between himself and his architect and the landscape elements were left out of the site plan that had been initially submitted.

Board Discussion:

Mr. Robinette stated he feels this will add some life to the area and approved of the appearance.

Motion by Lux, support by Brockman to approve SPR-10-14 from Lacoz, LLC and grant final plan approval for Special Use Permit 10-01 to allow construction of a 5,000 square foot retail building on the property located at 1705-1721 S. Mission Street under the Mission Redevelopment Overlay Zone. Approval is subject to the following conditions:

1. The applicant shall comply with all conditions and requirements associated with the

conceptual approval of Special Use Permit 10-01. 2. Approval is based on the materials submitted by the applicant with the request,

including the elevation drawings prepared on June 7, 2010 by Case Architecture; the site plan prepared by CMS&D (job no. 0802-031), last revised on January 15, 2010; and the landscape plan prepared by Case Architecture, Inc. for Lacoz LLC (project number 10-148-10).

3. Details on the proposed decorative fencing shall meet the requirements of the Mission-

Pickard DDA. 4. The applicant shall comply with the requirements of DPW, DPS and MDOT. Commissioner Holtgreive stated that given the lateness of the submittal of the landscape plan, he would like to amend the motion to include the following condition:

5. Final placement and type of landscape materials shall be subject to approval by the

Community Development Director/Planning Commission Secretary. Motion supported by Commissioner Robinette. Chairman Orlik agreed. Commissioner Lux stated she is happy with what the applicant has submitted and feels we are


not giving the developer enough freedom to choose the type of landscaping he prefers and indicated that based on the requirements we have set, the lateness of the submission was not entirely the fault of the developer.

Commissioner Brockman questioned whether the landscaping had already been approved by the staff. Staff indicated that this was the Planning Commission’s decision, and although he stated he appreciates that things may look minor, this is the first development to be approved under the Mission Redevelopment Overlay Zone and we want to get it right.

Chairman Orlik called the vote on the amendment to the motion. Motion passed to include condition #5.

Chairman Orlik called the vote on the approval of SPR-10-14 with stated conditions. Motion approved unanimously.

VIII. New Business:

Commissioner Brockman reported that the ZBA had asked the Planning Commission to entertain looking at the Sign Ordinance, in particular the 100 ft. cap on building signs in shopping centers. Chairman Orlik asked if the request was for the Planning Commission to look at the ordinance this year. Commissioner Brockman stated they did not expect it to happen this year, but asked that this be put on the list of things to consider, along with the density issue, and setbacks in the North End Industrial zones.

IX. Other A. Proposed Amendments to the OS-1 and OS-2 Zoning Districts: Chairman Orlik introduced

discussion on the proposed amendment to the OS-1 and OS-2 zoning districts, and asked staff to give a report.

Gray stated that following last month’s discussion the consensus of the Planning Commission was to amend the ordinance under the Special Use Permit option, which would allow all single family uses and multi-family uses that require a Special Use Permit to also require a SUP in the OS-1 and OS-2 districts. Uses allowed by right in these districts would continue to be allowed by right in the OS districts as well. Although not specifically discussed at last month’s meeting, staff included the OS-2 district, which is also used as a transition between residential and commercial uses.

Chairman Orlik stated he feels the proposed language provided by staff is in line with what the Planning Commission requested and indicated he would endorse a motion to set a Public Hearing for August.

Motion by Brockman, support by Holtgreive to set a public hearing for August 5, 2010 on the proposed ordinance amendment.



B. August Planning Commission Meeting: Staff stated no cases have been submitted at this

time; however the deadline is not until July 12.

C. Staff Report: Master Plan: Staff stated that the Master Plan was adopted in 2006. State law requires the plan to be reviewed every five years. The review can be a simple endorsement of the existing plan, or the Commission can take this opportunity to address additional issues. Staff stated that he feels that although the Master Plan is still relatively new and good, there are some things that could be updated/added, such as: New demographic data; Mission Street Overlay, Perpendicular/grid streets, Access Management plan, Neighborhood Module, etc. Chairman Orlik asked if there were any plans for Pickard Street. Staff stated it would make sense to include Pickard as the Access Management Plan addresses both Mission and Pickard. Discussion included a proposed time frame for the review. Staff indicated the process would likely take at least 6 months to assure all state requirements are met. Board consensus was to include update of the Master Plan in their 2011 Goals.

X. Adjournment

Motion by Brockman, support by Holtgreive to adjourn. Motion passed unanimously. Meeting adjourned 8:08 p.m.

bam

Minutes of the regular meeting of the City Commission held Monday, August 9, 2010 at 7:03 p.m. in the City Commission Room. Vice Mayor Kilmer called the meeting to order and the Pledge of Allegiance was recited. Commissioners Present: Mayor Holton (8:12) and Vice Mayor Kilmer; Commissioners Ling, McGuire and Tilmann Commissioners Absent: Commissioners English and Joslin Others Present: City Manager Grinzinger, City Clerk Howard and City Attorney Smith Public Input on Agenda Items Edward Fisher, 1344 Highland St., spoke in favor of keeping “No Parking” signs up (TCO #7-2010).

Received the following petitions and communications: 1. Capital Projects Status Report (July) 2. E-mail correspondence from Mr. Mark Freeze regarding Traffic Control

Order request 3. Mt. Pleasant Housing Commission Minutes (June)

Moved by Commissioner Tilmann and supported by Commissioner Ling to

approve the following items on the Consent Calendar: 1. Minutes of the regular meeting of the City Commission held July 26, 2010. 2. Bid of Godwin Pumps of America of Bridgeport, New Jersey in the amount of

$15,264.00 for the purchase of a trailer-mounted diesel powered Portable Generator.

3. Bid of Central Michigan Asphalt in the amount of $254,110 for the 2010 Street Mill and Overlay Project.

4. Payrolls dated 8/3/10 and 8/6/10 and warrants dated 8/5/10 all totaling $760,851.21.

Motion unanimously adopted.

A public hearing was held on the request from CME, LLC for an Industrial Facilities Tax Abatement Certificate.

CME, LLC representatives David Stevens, Mike Goin and KC Kumler spoke of current initiatives, goals and challenges of CME and asked the Commission to support and approve the Industrial Facilities Tax Abatement Certificate. MMDC President and CEO, Brian Anderson, spoke in favor of the Industrial Facilities Tax Abatement Certificate.

There being no additional comments or communications the Vice Mayor closed the public hearing.

Moved by Commissioner Ling and supported by Commissioner Tilmann to approve the following Resolution Approving Application of CME Corporation For Industrial Facilities Exemption Certificate For A New Facility.

WHEREAS, pursuant to P.A. 198 of 1974, M.C.L. 207.551 et seq., after a duly noticed public hearing held on June 3, 1985, the City Commission by resolution established the University Park Industrial Development District; and

WHEREAS, CME LLC has filed an application for an Industrial Facilities Exemption Certificate with respect to a new facility to be acquired and installed within the University Park Industrial Development District in the amount of $4,200,000 of which $4,000,000 is personal property and $200,000 is real property; and

WHEREAS, before acting on said application, the City Commission held a hearing on August 9, 2010, at Mt Pleasant City Hall, in the City Commission Chambers, at 7:00 pm, at which hearing the applicant, the Assessor and a representative of the affected taxing units were given written notice and were afforded an opportunity to be heard on said application; and

WHEREAS, construction of the facility and installation of new machinery and equipment had not begun earlier than six (6) months before June 23, 2010, the date of acceptance of the application for the Industrial Facilities Exemption Certificate; and

WHEREAS, completion of the facility is calculated to and will at the time of issuance of the certificate have the reasonable likelihood to retain, create or prevent the loss of employment in the City of Mount Pleasant; and

WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Mount Pleasant, after granting this certificate, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted.

NOW, THEREFORE, BE IT RESOLVED BY the City Commission of the City of Mount Pleasant that:

1. The City Commission finds and determines that the granting of the Industrial Facilities Exemption Certificate considered together with the aggregate amount of certificates previously granted and currently in force under Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, shall not have the effect of substantially impeding the operation of the City of Mount Pleasant or impairing the financial soundness of a taxing unit which levies ad Valorem property taxes in the City of Mount Pleasant

2. The application from CME LLC for an Industrial Facilities Exemption Certificate,

with respect to a New Facility on the following described parcel of real property situated within the University Park Industrial Development District, to wit:

PART OF SE 1/4 SEC 27, T14N, R4W, COM AT SE COR SEC 27, TH S 88D58M 47S W 85 FT, TH N 50 FT TO POB, TH W 114.50 FT, TH S 17 FT, TH W 1252.65 FT, TH N 500 FT, TH N 10D03M00S W 284.58 FT TH N 52D36M 55S E 595.21 FT, TH S 64D00M43S E 1071.35 FT, TH S 03D14M00S W 282 FT TH S 316.22 FT TO POB, EXC LOT 13 OF MEADS LITTLE ACRES SUBD NO. 1.

be and the same is hereby approved.

3. The Industrial Facilities Exemption Certificate when issued shall be and remain in

force for a period of 12 years. Resolution unanimously adopted. Moved by Commissioner McGuire and supported by Commissioner Ling take no action on TCO #7-2010 but request that the Public Safety Director review all data collected to determine what temporary order should be put in place for 90 days. Motion unanimously adopted. The Commission requested the Traffic Control Board/Parking Committee to look at “No Parking” issues in this area and others.

Moved by Commissioner Ling and supported by Vice Mayor Kilmer to postpone action on potential policy on waiving property tax penalty or fees until staff can bring back procedure for waiving property tax penalty or fees. AYES: None NAYS: Commissioners Kilmer, Ling, McGuire and Tilmann ABSENT: Commissioners English, Holton and Joslin Motion failed. Moved by Commissioner Ling and supported by Commissioner Tilmann that staff implement a form or procedure regarding Tax Penalty and Fee Waiver requests (including reasons for the request from the taxpayer and staff’s background information on collection efforts) instead of the Commission approving a policy related to such requests. Motion unanimously adopted. Moved by Commissioner Tilmann and supported by Commissioner McGuire to adjust the fee structure for parking meters by raising the per hour charge from $.25 per hour to $.50 per hour effective prior to the beginning of the fall semester. Motion unanimously adopted. Moved by Commissioner ling and supported by Commissioner Tilmann to enter into closed session pursuant to subsection 8(d) of the Open Meetings Act to discuss the possible purchase or lease of real property. AYES: Commissioners Holton, Kilmer, Ling, McGuire and Tilmann

NAYS: None ABSENT: Commissioners English and Joslin Motion unanimously adopted. Announcements on City Related Issues and Concerns Commissioner Tilmann announced the Isabella County Council of Governments picnic will be held at the Isabella Township Park on August 18th at 6:00 p.m. Commissioner McGuire announced walking event to provide funding for Meals On Wheels and asked for support. For more information contact the Commission on Aging. Public Comment on Agenda and Non-Agenda Items

The City Commission recessed at 8:15 p.m. and entered into closed session at 8:23 p.m. The Commission went back into regular session at 8:33 p.m. A separate set of minutes was taken for the closed session.

The meeting adjourned without objection at 8:34 p.m. Bruce Kilmer, Vice Mayor Jeremy Howard, City Clerk

COMMISSION LETTER #113-10 MEETING DATE: AUGUST 23, 2010

TO: MAYOR AND CITY COMMISSION AUGUST 18, 2010

FROM: KATHIE S. GRINZINGER, CITY MANAGER SUBJECT: CONSIDER TRANSFER OF FUNDS FROM THE BROWNFIELD REDEVELOPMENT

FINANCE AUTHORITY TO THE ECONOMIC DEVELOPMENT CORPORATION FOR THE PURPOSE OF INCENTING ECONOMIC DEVELOPMENT

In June 2009, the City Commission authorized the transfer of $300,000 from the Economic Development Fund to the Brownfield Redevelopment Finance Authority. The allocation was made to front the cost of demolition and clearance of the property located at the southeast corner of Main and Pickard Streets paving the way for a substantial new development on that site. Unfortunately, the potential developer and prospective owner decided to remain in their existing location. The site was then promoted to additional people/companies as a viable and attractive business location. As Community Services and Economic Development Director Rich Morrison details in the attached memo, it seems timely to reconsider the use of funds currently held by the City’s Brownfield Authority. The City and its partners have been working with a number of new entrepreneurs who would make attractive additions to Mt. Pleasant’s business community. Incentives and direct assistance will play a large part in whether or not these new companies, or others which may come later, choose to locate in the City of Mt. Pleasant and are successful in their early stages of growth. Because at least three of the business owners will be making site decision shortly a budget transfer is being recommended to the City Commission. It is recommended that the Commission approve the transfer of $250,000 from the Brownfield Redevelopment Authority to the Economic Development Corporation for the purpose of offering incentives and/or assistance, when appropriate, to businesses willing to locate within the City of Mt. Pleasant. This recommendation is appropriate for the following reasons:

• The City previously allocated the funds under consideration to provide incentive and direct support to a company willing to relocate and add to the economic base of the community. The purpose remains unchanged.

• The original proposal for which the funds were to be used is no longer active and no recent interest has been shown in the property. Instead,

Commission Letter #113-10 August 23, 2010 Page 2

• Several entrepreneurial companies, preparing new products for market, have shown an interest in locating and growing their business in Mt. Pleasant.

• The Economic Development Corporation was established under state law, specifically to conduct economic development activities on behalf of the City.

• The EDC is structured to represent the interests of the community in a business-like fashion and is positioned to work directly with business owners.

MEMORANDUM

TO: City Commission Kathie Grinzinger FROM: Rich Morrison DATE: August 18, 2010 SUBJECT: Reallocation of Economic Development Fund from Brownfield Authority to City’s

Economic Development Corporation. The City Commission may recall that it approved a transfer of $300,000 from the Economic Development Fund to the City’s Brownfield Authority in June 2009 to support the redevelopment of the property located at the southeast corner of Main and Pickard Sts. At the time, there was a local business that was strongly considering building a new facility at the site. Although a significant amount of time and effort was spent on that endeavor, the business decided to remain at its existing location for a variety of reasons. Since that time, a number of people/companies have looked at the site. Some have looked to tear down and rebuild and some to rehabilitate the existing building. At this point however, it does not appear that there is anybody interested in making a significant investment in the site. As such, it may be time to look at a reallocation of the funds for a different purpose, which is not tied to a specific location. Staff has been working with a number of startup companies, some of whom have been reported on previously such as Institutional Liquidities, Bardic Wells, Wild Game Soup, and Spa Bath, and several others that have not yet been reported on. Each of these companies has its ‘own personality’ and are different in terms of what they do, how many people they employ, what their needs are in terms of a facility, and why they wish to locate in/around Mt. Pleasant area. The common need of each of these companies is funding and support. Another common thread of the companies is that they can locate almost anywhere they wish. With the exception of Institutional Liquidities (exchange of foreign currency), the companies make a tangible product. All of the companies expect to grow and add jobs as they grow. Most of the companies that we have dealt with cannot acquire capital through conventional means (banks). Some of the companies have been able to secure funding at alternative sources; however, interest rates at these alternative sources are often above market rate interest. One alternative source that

we have been working recently with is Northern Initiatives http://www.northerninitiatives.com/. Other potential sources of loans include United States Department of Agriculture (USDA) and Small Business Administration (SBA) loans which are government backed loans to banks. Most of these companies do not generate enough job creation or make a significant enough investment to qualify for assistance from the Michigan Economic Development Corporation at this point in their business lives. Getting into the business of assisting startup companies is fairly risky business. It is almost impossible to predict which companies will succeed and which will fail (the cold truth is that some will). To that end, over the past year or so, staff has talked with a number of people (bankers, startup companies, entrepreneurs, investors, legal counsel, and others) to try and figure out some ways to provide meaningful incentives for startup companies with job creation and growth potential to locate in Mt. Pleasant, while limiting (to the extent possible) the risk potential. Some of the ideas are conventional such as direct low interest loans, some of them are newer, but that we have models for like interest rate write downs, and some are experimental such as local government grants. It is likely that assistance for these startup companies will vary from company to company based on their unique needs. As such assistance will need to be tailored to the individual company In return for the assistance, the companies will be required to sign documents committing them to remain in the City for a time commensurate with the size of the assistance. Currently, there are 3 companies that we are working with that are ready to make location decisions and incentives will play a part in whether or not they chose to locate in the City of Mt. Pleasant. Criteria will need to be established to govern the assistance granted to the companies. Examples of the criteria should include:

• Number of jobs created and wages • Anticipated enhancement of tax base • Growth potential • Interaction with other local businesses, non-profits, and other partners • Solid business plan • Company level of investment/commitment to City • Site/property enhancement (i.e. if the company is willing to locate in or rehab a

distressed property) • Preference given to companies that produce a tangible product or good • Intended for non-retail companies

As there are numerous variables involved with this proposition, it is difficult to predict the amount of funds needed by the companies we are currently working, let alone future prospects. Based on the flexibility needed and the nature of the endeavor, staff is recommending that the City’s Economic Development Corporation (EDC) be tapped to work with these start up businesses, when they get to a point where funds are needed. The following is a list of the EDC board members who are currently serving:

Tim Coscarelly Tim Dolehanty Kathie Grinzinger

Jim Holton Tom Krapohl Joe Olivieri

Joe Pius Nancy Ridley Jeff Smith

http://www.northerninitiatives.com/�

In concept the idea of interest rate write downs has been discussed with the City’s Economic Development Corporation and there appears to be support from the board on this incentive. Furthermore, staff is recommending that the $250,000 previously allocated to the Brownfield Authority (June 2009) for the redevelopment of the S.E. corner of Main and Pickard Sts. be re-allocated to the City’s EDC for the purposes of assisting non-retail startup companies with job creation and growth potential. The City’s Brownfield Authority membership is made up of the same people who serve on the EDC board. Requested Action Consider re-allocation of the $250,000 of economic development funds transferred to the City’s Brownfield Authority in June 2009 to the City’s Economic Development Corporation to assist non-retail startup companies that create jobs, have growth potential, and satisfy other criteria. Attachment: June 2009 minutes.

Excerpt Mt. Pleasant City Commission Minutes of Regular Meeting

June 8, 2009 Moved by Commissioner McGuire and supported by Commissioner Joslin to approve the resolution transferring funds from Economic Development Investment Fund to the Brownfield/EDC and keep City Commission advised on use of funds.

WHEREAS, the City of Mt. Pleasant (the “City”) has established the Brownfield Redevelopment Finance Authority of the City of Mt. Pleasant (the “BRA”) pursuant to 1996 PA 381, as amended; and

WHEREAS, Act 381 allows the BRA to provide incentives for redeveloping contaminated or blighted sites in the City by paying costs including those for site preparation, demolition, infrastructure improvements, lead and asbestos abatement, and costs to address environmental contamination, and

WHEREAS, the BRA wishes, either itself or in cooperation with the Economic Development Corporation of the City of Mt. Pleasant (the “EDC”), to advance such costs on projects it finds to be both eligible and meritorious of such support to be repaid in whole or in part from tax increment revenues generated from the redevelopment of the site, but currently lacks the funds on hand to advance such costs; and

WHEREAS, Act 381 authorizes the transfer of City funds to the BRA; and

WHEREAS, the City Commission has determined to transfer funds from the City’s Economic Development Fund to the BRA to use for such purposes.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The City shall transfer to the BRA from the City’s Economic Development Fund the amount of $300,000 for the BRA to use either itself or in cooperation with the EDC to provide such incentives for the redevelopment of contaminated or blighted sites in the City as may be within the respective powers of the BRA and the EDC.

2. All resolutions and parts of resolutions are, to the extent of any conflict with this resolution, rescinded.

Resolution unanimously adopted.



FROM: KATHIE S. GRINZINGER, CITY MANAGER SUBJECT: SET A PUBLIC HEARING FOR SEPTEMBER 27, 2010, FOR THE PROPOSED

CONDITIONAL REZONING OF PROPERTIES LOCATED AT 1116 E. PICKARD, 1202 E. PICKARD, AND 802 N. BROWN TO REZONE THE SOUTH 50 FEET OF THE PROPERTY FROM R-3, RESIDENTIAL TO C-3, GENERAL BUSINESS

At their meeting of August 5, 2010, the Planning Commission held a public hearing and concluded that a request by Redbird of Mt. Pleasant, Inc., and Barnes Development Company, LLC was appropriate and that a recommendation of support would be made to the City Commission. The details of that recommendation are attached in the documents provided by Jeff Gray, Director of Planning and Community Development. The applicant(s) are proposing to rezone the entire site to C-3, General Business, to accommodate the development of a Belle Tire store. (A map of the property is included in the attached memo to the Planning Commission.) The applicant has presented several stipulations they would be willing to offer as conditions to the rezoning request; Mr. Gray details these in the attached memo. The Planning Commission, based on the materials and testimony received at their August 5 Public Hearing, recommends that the property in question be rezoned with the proposed conditions. The action requested of the City Commission at this time is to set a public hearing of its own for September 27, 2010, to receive comments on the conditional rezoning of the property at 1116 and 1202 E. Pickard and 802 N. Brown. ck Attachment

MEMORANDUM

TO: Kathie Grinzinger, City Manager Rich Morrison, Community Services Director FROM: Jeffrey M. Gray, AICP Director of Planning and Community Development DATE: August 18, 2010 SUBJECT: Request to Conditionally Rezone 1116, 1202 E. Pickard and 802 N. Brown The Planning Commission received an application to amend the City’s official zoning map by conditionally rezoning the properties at 1116 and 1202 E. Pickard and 802 N. Brown. There is currently mixed zoning on the properties. 1116 and 1202 E. Pickard are zoned C-3, General Business. The northern 60 feet of 802 is also zoned C-3, but the southern 50 feet of the property is currently zoned R-3, Residential. The applicant is proposing to rezone the entire site to C-3 General Business to accommodate the development of a Belle Tire store. The location is shown on the map included in the attached memorandum to the Planning Commission. The applicant has presented several stipulations that they would be willing to offer as conditions to their rezoning request. These include the offer of a primarily brick masonry building, with a matching buffer wall and dumpster enclosure. Stipulations have also been offered regarding the operation of the building, including hours of operation, the guarantee that the use would be solely for Belle Tire, and assurances that there would be no outdoor servicing of vehicles or storage of materials. On August 5th the Planning Commission held a public hearing on the request. The applicant presented the matter and answered questions from the Planning Commission. One resident from an adjoining block to the southeast of the site spoke on the matter. An excerpt of the minutes is attached. The primary concern expressed at the hearing was the potential for noise related to the proposed use and the placement of the buffer wall. The following was noted at the hearing regarding noise:

• All of the tire service bays are oriented toward Brown Street and the commercial and office uses that are west of the property.

• The southern service bays are used exclusively for vehicle alignments and no pneumatic tools are used there.

• Interior walls are used to prevent sound from travelling through the building from the tire service bays.

ZC-10-03 – Belle Tire August 18, 2010 Page 2 of 2

• Bay doors would be open when weather permits. There would be no exterior audio devices, outdoor music, etc.

• All vehicles are driven into the service bays by Belle Tire employees; Belle Tire does not honk vehicle horns prior to opening service bays.

• Belle Tire only services passenger cars and trucks; there is no servicing of large commercial vehicles.

• Deliveries would occur using larger trucks and would occur during the hours of operation; the only activity on site outside of the hours of operation would be lawn mowing and property maintenance.

• The proposed building has been oriented to the north of the property keeping it more than 85 feet away from the residence to the south.

• The applicant offered at the public hearing to extend the 6-foot high brick masonry wall planned along the south property line along the east property line to limit any impacts on properties to the southeast.

• The applicant has met with the adjoining property owner to the south on Brown, as well as a couple of other residential property owners to the south prior to filing the application with the City. Staff has received no comments or concerns from those residents.

In addition, there was some discussion as to whether the buffer wall should be placed on the south property line, as proposed by the applicant, or shifted to the north with landscaping on the south side. It was noted that placement of the wall on the property line avoids the maintenance issues that can go with having parts of the applicant’s property outside of their every day view and creates an opportunity for landscaping to be placed for maximum benefit for those viewing the property from Pickard Street. The applicant noted that the proposed wall and landscaping have been considered by the adjoining property owner. Based on the materials and testimony submitted, the Planning Commission concluded that the applicant’s request was appropriate and therefore recommended that the property in question be rezoned with the proposed conditions. Requested Action: The City Commission receive the Planning Commission recommendation and set a public hearing for September 27, 2010. Attachments: 1. Conditional Rezoning Agreement 2. Draft Ordinance 3. Staff memorandum to the Planning Commission 4. Draft excerpt of Planning Commission Minutes

CONDITIONAL REZONING AGREEMENT

This Conditional Rezoning Agreement is made as of ________________2010, between Redbird of Mt. Pleasant, Inc., a Michigan corporation, whose address is 1210 East Pickard St., Mt. Pleasant, Michigan 48858 (“Owner”), Barnes Development Company, LLC, a Michigan limited liability company, whose address is 1000 Enterprise Drive, Allen Park, Michigan 48901 or its assignee (“Buyer”), and the City of Mount Pleasant, a Michigan municipal corporation, whose address is 320 West Broadway Street, Mt. Pleasant, Michigan 48858 (“City

”).

RECITALS

A. Owner is the owner of a certain parcel of property located at the southeast corner of Pickard (M-20) and Brown Street located in the City of Mt. Pleasant, Michigan and more particularly described on attached Exhibit A (the “Property

”).

B. Buyer has entered into a purchase agreement with Owner pursuant to which Buyer has the right to purchase the Property.

C. The Property is comprised of three parcels as described on the attached Exhibit A

The southernmost parcel (Parcel 3) is currently split zoned. The southern 50’ of parcel 3 is zoned R-3 Residential pursuant to Section 154.051 of the City’s zoning ordinance. The northern portion of Parcel 3 is zoned C-3 General Business pursuant to Section 154.067 of the City’s zoning ordinance.

D. Owner and Buyer are interested in having Buyer obtain approvals to develop the

Property as a Belle Tire (the “Proposed Development”) in accordance with certain conditions set forth in this Agreement (the “Rezoning Conditions”), which include developing the Property in accordance with the proposed site plans prepared by Christopher Enright Architects., Job No. ______________, dated _____________, 2010, attached as Exhibit B, (referred to as “Development Plans

”), a large version of which is on file with the City’s Office of Planning.

E. The Proposed Development consists of a use which is allowed in the C-3 General Business District but which is not permitted under the current R-3 Residential zoning classification applicable to the southern 50’ of parcel 3 of the Property.

F. To facilitate the development of the Property with the Proposed Development, Owner and Buyer have requested that the City rezone the southern 50 feet of parcel 3 from R-3 to C-3, conditioned upon the City accepting the Rezoning Conditions voluntarily offered by

CLARK HILL PLC DRAFT 08.02.10

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Owner and Buyer. G. This matter was considered before the City Planning Commission on

_____________________, 2010 and the City Planning Commission approved and agreed to the uses and conditions as presented by the Owner and Buyer and as set forth in this Agreement.

H. The City Commission has reviewed and considered the Owner and Buyer’s offer

of conditional rezoning concluding that it provides for an orderly, well-planned and economic use of the Property, and that the self-imposed conditions offered by the Owner and Buyer will be beneficial to the City and the public.

I. This Conditional Rezoning Agreement is being entered into pursuant to and in

accordance with the terms and conditions set forth in Section 405 (MCL 125.3405) of the Michigan Zoning Enabling Act, being Act 110 of the Public Acts of 2006, as amended, MCL 125.3101 et seq.

TERMS AND CONDITIONS

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

1. Conditional Rezoning. Subject to all terms and conditions contained within this Agreement and the provisions of Sections 154.067 and 154.172 of the City’s zoning ordinance, the Property, as described in Exhibit A, shall be rezoned from the R-3 Residential District to the C-3 General Business District. The Zoning Map for the City, relative to the land described in Exhibit A, shall be amended to reflect the rezoning classification as set forth in this paragraph. 2. Specific Use and Development of the Pickard Street Property as a Condition to Rezoning. Subject to all terms and conditions contained within this Agreement and the provision of Sections 154.067 and 154.172 of the City’s zoning ordinance, the Buyer voluntarily agrees to the following stipulations as conditions to the rezoning of the Property by the City:

a. The Property shall be used exclusively for the operation of a Belle Tire Store as depicted in Exhibit B. Exterior of the building shall be mostly face brick veneer accented with Cast Stone, Exterior Insulated Finish System (EIFS) and Standing Seam Metal. Business is primarily the retail sale and installation of tires, wheels and other assorted automotive parts such as brakes, alignments and windshield replacement. No heavy engine or transmission repair shall take place. b. No work shall take place on any vehicle on the exterior of the building.

c. There will be no exterior storage, discarded tires, display of goods, materials or vehicles on the exterior of the building.


3

d. Hours of operation shall be as follows: Monday: 8:00 a.m. to 8:00 p.m. Tuesday: 8:00 a.m. to 6:00 p.m. Wednesday 8:00 a.m. to 6:00 p.m. Thursday 8:00 a.m. to 8:00 p.m. Friday 8:00 a.m. to 6:00 p.m. Saturday 8:00 a.m. to 5:00 p.m. Sunday Closed

e. The Buyer will construct the property in accordance with all Local,

State and Federal building requirements. All drainage shall meet governmental standards f. The Buyer shall cause to be installed a 6-foot high masonry wall to match the

proposed building at the south side of the property where the commercial use meets the residential use approximately 164’ in length as depicted more accurately on the attached Exhibit B. Further, the Buyer shall repair any damage to the existing landscape located at 710 Brown Street.

g. The Buyer shall install perimeter full cutoff lighting fixtures on the building and

around the property. Site shall meet all requirements of the City’s zoning ordinance photometric requirements.

h. The Buyer shall cause to be installed a masonry dumpster enclosure to match the

materials of the building in accordance with the City’s zoning ordinance.

3. Rezoning Conditions

. Buyer agrees to develop the Proposed Development on the Property in accordance with the following conditions which have been voluntarily offered by Owner and Buyer as a condition of the rezoning:

(a) Buyer agrees to develop the Proposed Development on the Property in accordance with the Development Plans, as reviewed and approved by the City, and pursuant to this Agreement.

(b) Except as provided in this Agreement Buyer shall be subject to all applicable codes and ordinances applicable to development of the Property, including but not limited to the City Code, construction code(s), the Zoning Ordinance, or requirements of any other governmental agency having jurisdiction over the Proposed Development, except to the extent that City approves waivers, modifications or variances to any applicable City requirements.

4. Time Limitations. Subject to weather restrictions, the proposed improvements

to the Property contained within paragraph 2 above will be completed by the Buyer no later than 18 months from the Effective Date of this Agreement. This time period may be extended by the approval of the Planning Commission, upon application by the Buyer, which approval shall not be unreasonably withheld, conditioned or delayed.


4

5. Binding Effect; Assignment

.

. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Property. This Agreement may not be assigned by the Owner or the Buyer without the City’s prior written consent, which shall not be unreasonably withheld.

6. Recording

. Upon execution of this Agreement by the Owner, Buyer and the City, this Agreement shall be recorded with the Isabella County Register of Deeds.

7. Amendment

. No amendment to this Agreement shall be binding upon the parties unless set forth in a written agreement in recordable form executed by Owner, Buyer and the City. Any amendment to the Agreement shall be recorded with the Isabella County Register of Deeds.

8. Voluntary Offer

. The Rezoning Conditions imposed in this Agreement for the conditional rezoning have been voluntarily offered by Owner and Buyer. If Owner and Buyer elect not to commence development of the Property and Proposed Development within twelve months of the Effective Date of this Agreement, Owner’s and Buyer’s rights under the Zoning Act, the City Code and Ordinances, and other applicable laws of this state shall not be affected, however, the parties agree that this Agreement shall be void and that the Property shall revert back to its former R-3 zoning classification.

9. Execution by Buyer

. Buyer is executing this Agreement in order to be bound by its terms in the event that Buyer consummates the purchase of the Property from Owner in order to develop the Property pursuant to the terms of this Conditional Rezoning Agreement. If Buyer does not acquire the Property within 120 days of the Effective Date of this Agreement Buyer shall have no obligations hereunder and the parties agree that this Agreement shall be void and that the Property shall revert back to its former R-3 zoning classification. The parties acknowledge and agree that until Buyer purchases the Property from the Owner no building permits for the Proposed Development will be issued by the City, however, the Buyer may apply with the permission of the Owner for Site Plan Approval and any Special Land Use Permits required for the Proposed Development.

10. Breach of Agreement. A failure by the Owner and Buyer to comply with the terms and conditions of this Agreement shall constitute a violation of the City’s zoning ordinance. Additionally, if Owner and Buyer fail to comply with the terms and conditions of this Agreement the City Commission, after a hearing at which the Owner and Buyer shall have an opportunity to show cause, may determine that the Property shall revert back to its former R-3 zoning classification.

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


5

[END OF TEXT; SIGNATURES FOLLOW ON SUBSEQUENT PAGES]


6

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year set forth above.

OWNER: REDBIRD OF MT. PLEASANT, INC., a Michigan corporation

By: _____________________________ Its: STATE OF MICHIGAN ) ) ss COUNTY OF ____________ )

This Agreement was acknowledged before me in _______________County on ______ __, 2010, by ___________________, the ______________ of Redbird of Mt. Pleasant, Inc., a Michigan corporation, on behalf of the corporation. __________________________________

, Notary Public ___________ County, Michigan Acting in ____________ County My Commission expires:


7

BUYER:

B A R NE S DE V E L OPM E NT C OM PA NY , L L C , a Michigan limited liability company

By: _____________________________ Its: ______________________________ STATE OF MICHIGAN ) ) ss COUNTY OF ____________ )

This Agreement was acknowledged before me in _______________County on ______ __, 2010, by ___________________, the ______________ of Barnes Development Company, a Michigan limited liability company, on behalf of the company. __________________________________

, Notary Public ____________County, Michigan Acting in _________ County My Commission expires:


8

CITY:

CITY OF MOUNT PLEASANT, a Michigan municipal corporation By: __________________________

Its: Mayor

And By: ___________________________ Its: City Clerk STATE OF MICHIGAN ) ) ss COUNTY OF ____________ )

This Agreement was acknowledged before me in _______________County on ______ __, 2010, by ___________________, the Mayor and _________________, the Clerk of the City of Mount Pleasant, Michigan, a Michigan municipal corporation, on behalf of the City. __________________________________

, Notary Public __________County, Michigan Acting in _________County My Commission expires:

Drafted by: When recorded return to: Stephen R. Estey City Clerk Dykema City of Mt. Pleasant 39577 Woodward Ave., Ste.300 401 North Main Street Bloomfield Hills, MI 48304 Mt. Pleasant, MI 48858

EXHIBIT A

Legal Description of the Property

EXHIBIT B

Development Plans for the Proposed Development

6662760.1 26426/121493

ORDINANCE NO. ________ AN ORDINANCE TO AMEND THE ZONING MAP OF CHAPTER 154: ZONING ORDINANCES OF THE CODE OF ORDINANCES. IT IS HEREBY ORDAINED BY THE PEOPLE OF THE CITY OF MT. PLEASANT: Section 1: That Chapter 154: Zoning Ordinances, is hereby amended as follows: (a) Conditionally rezone the properties located at 1116 and 1202 E. Pickard and 802 N. Brown from C-3, General Business and R-3, Residential to C-3, General Business with the Conditional Rezoning Agreement offered by the applicant. The property is legally described as: Parcel 1: A parcel of land commencing 1288 feet east of the NW corner of Section 14, T14N, R4W, Thence east 84 feet, south 220 feet, west 84 feet, north 220 feet to the point of beginning, City of Mt. Pleasant, Isabella County, Michigan. Parcel 2: A parcel of land commencing 1372 feet east of the NW corner of section 14, T14N, Thence south 220 feet, thence east 80 feet, thence north 220 feet, thence west 80 feet to the point of beginning, City of Mt. Pleasant, Isabella County, Michigan. Parcel 3: The south 110 feet of the east 164 feet of the following described property: Commencing 72 rods east of the NW corner of Section 14, T14N, R4W, Thence south 20 rods, thence east 16 rods, thence north 20 rods and west 16 rods to the place of beginning, City of Mt. Pleasant, Isabella County, Michigan.

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

Introduced and read the _____ day of __________, 2010. Passed, ordained and ordered published this ____ day of __________, 2010.

Planning Commission Staff Report

Conditional Rezoning ZC-10-03

July 30, 2010

Reviewer: Jeffrey M. Gray, AICP, Community Development Director

APPLICANT:

PROPERTY OWNER:

LOCATION:

REQUEST:

SITE AREA:

FUTURE LAND USE:

Christopher Enright, Christopher Enright Architects on behalf of Redbird

of Mt. Pleasant, Inc. and Barnes Development, LLC

Redbird of Mt. Pleasant, Inc.

1116, 1202 E. Pickard and 802 N. Brown

Conditionally rezone the properties from R-3, Residential and C-3 General

Business to C-3, General Business.

Approximately 1.24 acres.

Commercial and Urban Residential

BACKGROUND:

The site is located at the southeast corner of Brown and Pickard. It consists of two parcels that front on

Pickard (1116 and 1202 E. Pickard) and a third that fronts on Brown (802 N. Brown). The site is

illustrated on the location map, below.

Location Map

The property is currently vacant. The parcels at 1116 and 1202 E. Pickard are currently zoned C-3,

General Business. The northern 60 feet of 802 N. Brown is also zoned C-3, while the southern 50 feet are

zoned R-3, Residential.

ZC-10-03 – Christopher Enright/Redbird of Mt. Pleasant/Barnes Development Co.

July 29, 2010

Page 2 of 6

Land uses and zoning on the surrounding properties are as follows:

Land Use Zoning Future Land Use

North Commercial – Restaurant C-3, General Business Commercial

East Commercial – Retail C-3, General Business Commercial

South Residential R-3, Residential Urban Residential

West Commercial – Gas Station/

Retail C-3, General Business Commercial

BACKGROUND:

This property has been subject to rezoning proposals a couple of times in the past. In 1998, the entire site

was zoned R-3 and proposed for rezoning to C-3. The intended user, Auto Zone, planned to retain a 50

foot landscaped buffer on the south end of the property. The rezoning was approved, with the south 50

feet remaining R-3. Obviously, the Auto Zone did not subsequently build on the property.

In 2001, the property owner sought rezoning of this 50 foot area, as well as the southern 55 feet of the

adjoining Redbird property, which was also in a residential zoning district. The City approved the

rezoning on the Redbird property, but denied it on the subject property due to concerns expressed by the

adjoining property to the south regarding buffering.

CONDITIONAL REZONING:

At the time of the previous rezoning requests, the Conditional Rezoning tool was not available to the City.

As the Planning Commission knows, a Conditional Rezoning request allows a specific development

proposal and conditions offered by the applicant to be tied to the zoning district. In this instance, the tool

allows the Planning Commission to consider whether the particular development and buffering plan

offered by the applicant is appropriate for the subject property.

The applicant is proposing the construction of a Belle Tire retail store. The applicant has provided a

proposed site plan and building elevations for the development. The Planning Commission will note that

the applicant is proposing a predominantly brick building with glass, EIFS and standing seam metal

accents.

In addition, the dumpster enclosure and the 6-foot screening wall that would be built along the south

property line would be of brick masonry to match the building.

The illustration below shows the R-3 zoning district overlayed in gray on the proposed site plan. One row

of parking would be built in the rezoned area. The parking would be setback 26.3 feet from the property

line. The applicant proposes the installation of some landscaping along the north side of the screening

wall.

Only the masonry screening wall is required by Ordinance. The parking setback and landscaping exceed

Ordinance requirements.

ZC-10-03 – Christopher Enright/Redbird of Mt. Pleasant/ Barnes Development Co.

July 30, 2010

Page 3 of 6

Proposed Development/R-3 Zoning District

Rezoning Agreement:

In exchange for consideration of the rezoning request, the applicant has provided a proposed Conditional

Rezoning Agreement (copy attached) that includes several conditions that they are willing to offer

regarding the use of the conditionally rezoned property. These conditions are listed on the third page of

the Agreement.

The proposed conditions are intended to assure that the site will be utilized as a Belle Tire retail building

designed as shown on the plans. The conditions include some operational conditions, as well. In

summary, the conditions will accomplish the following:

• Commit to the use as a Belle Tire store, constructed of the materials and design shown on the

plans.

• Assure that no vehicle work will occur outside of the building and that no exterior storage,

including discarded tires, will occur outside of the building.


July 30, 2010

Page 4 of 6

• Confirm the hours of operation.

• Confirm that construction will comply with all applicable standards.

• Commit to the installation of a masonry screening wall along the south property line with brick

matching that of the building.

• Commit to the installation of full-cutoff (downward directed) light fixtures that meet the

requirements of the ordinance.

• Commit to a dumpster enclosure of brick masonry matching the building.

The Conditional Rezoning Agreement includes a number of mark ups recommended by the City

Attorney. These recommendations are currently under review by the applicant. Staff intends to present a

final agreement at the meeting approved by all parties. The changes recommended by the Attorney do not

change the conditions offered by the applicant, but address administration of the Agreement.

If the conditional rezoning request is approved, a Special Use Permit and site plan review will be required

prior to construction taking place. Staff has done a cursory review of the plans and notes that building

height and setback requirements are met, required landscape buffers have been shown, and minimum

parking requirements are met. The applicant has indicated that the driveway along Pickard will be shared

with the neighboring property to the east. A final and more thorough review will be completed with an

application for Special Use Permit and site plan review if the rezoning is approved.

MASTER PLAN:

The parcels fronting on Pickard are designated for commercial use on the Future Land Use Map. The

Brown Street property is designated for Urban Residential. It appears that it is the intent of the plan that

the properties along Pickard should be utilized for commercial use with an appropriate transition to the

neighborhood.

DIVISION COMMENTS:

Division of Public Works (DPW) – As is indicated in the attached communication from the DPW, there

are a variety of issues that will need to be addressed with a site plan review. The applicant is currently

working with DPW on the most significant of these, which is the sanitary sewer main that runs through

the property in the location of the existing building. It appears that this issue will be brought to a

resolution, as there are a few options for addressing the situation.

Division of Public Safety (DPS) – DPS has expressed no concerns at this time and will provide a

detailed review with an application for site plan review if the rezoning is approved.

ANALYSIS:

Applications for rezoning are subject to meeting the criteria for amendments listed in Section 154.172(D)

of the Zoning Ordinance. The applicant has provided written responses to the criteria (see Attachment 1).

In addition, when considering applications for conditional rezoning, Section 154.172 (C)(3) of the Zoning

Ordinance also requires the Planning Commission to review the offer of conditions and to consider

whether:


July 30, 2010

Page 5 of 6

(a) The proposed rezoning or map amendment will interfere with the orderly development of nearby

properties according to the existing zoning districts(s).

(b) The proposed certain use and development of the land will interfere with existing permitted uses

of nearby properties.

(c) Any proposed condition on the use and development of the land will protect existing permitted

uses on nearby properties from significant negative impacts of the rezoning.

(d) The requested rezoning with certain use and development of the land as a condition to the

rezoning is consistent with the Master Plan for the area.

The Conditional Rezoning tool affords the City with an opportunity that did not exist with previous

applications for rezoning of this property. In staff’s view, the applicant is offering a building and site

design that provides an appropriate transition to the adjoining residential neighborhood. Further, the

extent of commercial activity in the area to be rezoned is minimal, consisting of a single row of parking

more than 25 feet from the property line.

The proposed development and its design are consistent with the intended character of development for

Pickard Street and the design and operational conditions offered by the applicant should assure that the

development will be as compatible with its neighbors as possible. In staff’s view, the Conditional

Rezoning request is consistent with the criteria for approval listed in the Zoning Ordinance.

RECOMMENDATION:

If the Planning Commission is comfortable with the proposed conditions, or with any additional

conditions offered by the applicant, the Planning Commission may consider the following action. If the

Commission is not comfortable with the request, it would be appropriate to recommend that it be denied.

The Planning Commission recommend that the City Commission approve conditional rezoning

ZC-10-03 from Christopher Enright Architects on behalf of Redbird of Mt. Pleasant and Barnes

Development Company for the properties located at 1116 E. Pickard, 1202 E. Pickard and 802 N.

Brown from C-3, General Business and R-3, Residential to C-3 General Business, in accordance

with the Conditional Rezoning Agreement offered by the applicant. Approval of the Conditional

Rezoning is recommended on the following basis:

1. The applicant has proposed a development that includes a building and site design of high

quality, durable building materials consistent with the intended character of Pickard Street

and appropriate for maintaining the character of the adjoining neighborhood.

2. The applicant has proposed a brick masonry screening wall compatible with the design of

the building that will help to minimize negative impacts of the commercial use on the

adjoining neighborhood.

3. The applicant has offered operational conditions, relating to hours of operation, exterior

lighting, and outdoor storage that will help to minimize potential adverse impacts related to

the proposed use.


July 30, 2010

Page 6 of 6

Attachments:

1. Applicant’s responses to the criteria for rezoning.

2. Proposed Conditional Rezoning Agreement with markups from the City Attorney

3. DPW memorandum

4. DPS memorandum dated July 20, 2010

5. Site plan and building elevation drawings

Requests for rezoning are evaluated on the following criteria {see Section 154.172(C} for additional detail). Please respond to each of the criteria, indicating how the request meets each standard. Please address each of the criteria completely. Feel free to include photos, illustrations, drawings, letters of support, or any other information to demonstrate how the standards will be met. Attach additional sheets as necessary to address each of the criteria.

(1) Consistency with the goals, policies and future land use map of the City's Master Plan, including any sub-area or corridor studies. If conditions have changed since the Master Plan was adopted, the consistency with recent development trends in the area. Gc~" I rc::::tJGlJii9, PW:> ~ t;Nr>ve I'/~"

~ OO~AL "i'GNCN6 Ittl 1ffS~. IT.~ 7HltTTIie· c::~ ~ .. g e:NN6 Ne.A W~ ~NTNNe=pl ~70 ~ 1\ ~~ <? 'tiD ~ lMO NO ~ ~~.",."".". t,¢IrIl.,.

(2) Compatibility of the site's physical, geological, hydrological, and other environmental features with the host of uses permitted in the proposed zoning district.

iii.. ~16 t::iF-~ 'Sf'Te 1I1(.L.. ~i r=tt:tb~ f)se • ~ S/lftJJrHs ~.

(3) Evidence that the applicant cannot receive a reasonable return on investment through developing the property with onebf the uses permitted under the current zoning.

~. ~ C:elf..It& 0Itl A ~ ~ 1fL01¥tNr.~. M$J~ At5 fJaL. J.s Tti,. ~pt.... (~~) ~tNe> N81\. H:J)ef> ~ ~'Y U~ ~dt~ V(M:l.U.r(.

(4) Thecotnpatibility of aI/ the potential uses allowed in the proposed zoning district with surrounding uses and zoning In terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence on property values. ftOfDlalO -arte (S

~r OoM~AC- SI1II ~1N6 CN W-*,. 97e ~ ........ ,..... '" tIAIIle '1b bSI!s /'61:) elHt! ~ 1M ... ~. ~.~ CS Qc:It& tCf ~ 1Si6NIPfCANT -rr'W"F'fC, . .

(5) The capacity of city utilities and services sufficient to accommodate the uses permitted in the requested district without compromising the "health, safety and welfare" of the city.

;u... lnlc,('1I!tS f\:C.esf\,$8 ANt> ,At.JAt~Ae:' ••

(6) The capability of the street system to safely and effiCiently accommodate the expected traffic generated by uses permitted in the requested zoning district. A traffic impact ~tudy in accordance with the requirements of Sections 154.121 and 154.122 of the Zoning Ordinance shall be provided if the proposed rezoning district permits uses that could generate 100 or more directional trips during the peak hour, or at least 1000 more trips

. per day than the majority of the uses that could be developed under current zoning.

~ ~ ~~ ~X -£D -rpt.tf!5 ~ feAt< tlf-.. . vc;e. Hl:) ~ $J~ to ailSf'STtiWT M-nt I)QI!!fS ~ 9fU4"'...... NA-1Ule ~ J4(-2.t'.

Rezoning Application - Page 3 of 4 Rev. 4/1/09

•

(7) The apparent demand for the types of uses permitted in the requested zoning district in the city in relation to the amount of land in the city currently zoned and available to accommodate the demand. ff'Te!l-. A LCfJ6 ~l-\, 1lftf:> ~ (~ ot-Lli CJf '11Ie Ff!JJ/ i'fb4T ~ ~M~Tf dqC- Qse •

(8) The boundaries of the requested rezoning district are reasonable in relationship to surroundings and construction on the site will be able to meet the dimensional regulations for the zoning district listed in the Schedule of Regulations. f+.L. A~'O OF "T'tt! ~ or~()JS. WIlL e.e IUGilf

(9) If a rezoning is appropriate, is the requested zoning district considered to be more appropriate from the city's perspective than another zoning district?

G-e 18 NP~-e ~ ~ use.

(10) If the request is for a specific use, is rezoning the land more appropriate than amending the list of permitted or special land uses in the current zoning district to allow the use?

Yes-

(11) The requested rezoning will not create an isolated and unplanned spot zone.

~ltJ(::,. f41u.. KtJr ~ 7;ft:rf ~"'6. ~ ~N6 WilL.. atA1Fi! t.N~t1'f t:Jf ~~/tJG. 1'Eie ZC:IJ./I.l~ LINe. ~S "THe ~ fWPeJCr-( UNa.

(12) The request has not previously been submitted within the past one (1) year unless conditions have changed or new information has been provided.

f\ ~e:e,- W\S NC1r ~ MAte.

(13) Other factors deemed appropriate for consideration by the Planning Commission.

Rezoning Application - Page 4 of 4 Rev. 4/1/09


CONDITIONAL REZONING AGREEMENT

This Conditional Rezoning Agreement is made as of ________________2010, between

Redbird of Mt. Pleasant, Inc., a Michigan corporation, whose address is 1210 East Pickard St.,

Mt. Pleasant, Michigan 48858 (“Owner”), Barnes Development Company, LLC, a Michigan

limited liability company, whose address is 1000 Enterprise Drive, Allen Park, Michigan 48901

or its assignee (“Buyer”), and the City of Mount Pleasant, a Michigan municipal corporation,

whose address is 401 North Main Street, Mt. Pleasant, Michigan 48858 (“City”).

RECITALS

A. Owner is the owner of a certain parcel of property located at the southeast corner

of Pickard (M-20) and Brown Street located in the City of Mt. Clemens, Michigan and more

particularly described on attached Exhibit A (the “Property”).

B. Buyer has entered into a purchase agreement with Owner pursuant to which

Buyer has the right to purchase the Property.

C. The Property is comprised of three parcels as described on the attached Exhibit A

The southernmost parcel (Parcel 3) is currently split zoned. The southern 50’ of parcel 3 is

zoned R-3 Residential pursuant to Section 154.051 of the City’s zoning ordinance. The northern

portion of Parcel 3 is zoned C-3 General Business pursuant to Section 154.067 of the City’s

zoning ordinance.

D. Owner and Buyer are interested in having Buyer obtain approvals to develop the

Property as a Belle Tire (the “Proposed Development”) in accordance with certain conditions set

forth in this Agreement (the “Rezoning Conditions”), which include developing the Property in

accordance with the proposed site plans prepared by Christopher Enright Architects., Job No.

______________, dated _____________, 2010, attached as Exhibit B, (referred to as

“Development Plans”), a large version of which is on file with the City’s Office of Planning.

E. The Proposed Development consists of a use which is allowed in the C-3 General

Business District but which is not permitted under the current R-3 Residential zoning

classification applicable to the southern 50’ of parcel 3 of the Property.

F. To facilitate the development of the Property with the Proposed Development,

Owner and Buyer have requested that the City rezone the southern 50 feet of parcel 3 from R-3

to C-3, conditioned upon the City accepting the Rezoning Conditions voluntarily offered by


2

Owner and Buyer.

G. The City is willing to accept the Rezoning Conditions offered by Owner and

Buyer to develop the Property with the Proposed Development in accordance with the Rezoning

Conditions and Development Plans, as a condition of rezoning the Property from the R-3 to the

C-3 General Business District.

GH. This matter was considered before the City Planning Commission on

_____________________, 2010 and the City Planning Commission approved and agreed to the

uses and conditions as presented by the Owner and Buyer and as set forth in this Agreement. the

Site Plan, Special Land Use Permit, and agreed upon the uses and conditions as set forth in this

Agreement.

I. After giving proper notice, the Planning Commission held a public hearing on the

proposed rezoning of the Property, as required by the Michigan Zoning Enabling Act, MCL

125.3101 et seq., and has submitted its recommendations to the City Commission.

H. The City Commission has reviewed and considered the Owner and Buyer’s offer

of conditional rezoning concluding that it provides for an orderly, well-planned and economic

use of the Property, and that the self-imposed conditions offered by the Owner and Buyer will be

beneficial to the City and the public.

I. This Conditional Rezoning Agreement is being entered into pursuant to and in

accordance with the terms and conditions set forth in Section 405 (MCL 125.3405) of the

Michigan Zoning Enabling Act, being Act 110 of the Public Acts of 2006, as amended, MCL

125.3101 et seq.

J. The City Commission has approved the rezoning and map amendment subject to

the terms and conditions of this Agreement.

K. Owner, Buyer and the City wish to set forth their understandings with respect to

the Rezoning Conditions to facilitate development of the Property within the Proposed

Development.


In exchange for valuable consideration and the rights and covenants under this Agreement, the

parties agree as follows:

NOW THEREFORE, Owner, Buyer and the City agree as follows:

1. Conditional Rezoning. Subject to all terms and conditions contained within this

Agreement and the provisions of Sections 154.0678 and 154.172 of the City’s zoning ordinance,

the Property, as described in Exhibit A, shall be rezoned from the R-3 Residential District to the

C-3 General Business District. The Zoning Map for the City, relative to the land described in

Exhibit A, shall be amended to reflect the rezoning classification as set forth in this paragraph.

Formatted: Indent: First line: 0.5"

Formatted: Space After: 6 pt

Formatted: Centered, Indent: First line: 0"

Formatted: Font: Times New Roman, 12 pt


3

2. Specific Use and Development of the Pickard Street Property as a Condition to

Rezoning. Subject to all terms and conditions contained within this Agreement and the provision

of Sections 154.067 and 154.172 of the City’s zoning ordinance, the Buyer voluntarily agrees to

the following stipulations as conditions to he rezoning of the Property by the City:

a. The Property shall be used exclusively for the operation of a Belle Tire Store as

depicted in Exhibit B. Exterior of the building shall be mostly face brick veneer accented with

Cast Stone, Exterior Insulated Finish System (EIFS) and Standing Seam Metal. Business is

primarily the retail sale and installation of tires, wheels and other assorted automotive parts such

as brakes, alignments and windshield replacement. No heavy engine or transmission repair shall

take place.

b. No work shall take place on any vehicle on the exterior of the building.

c. There will be no exterior storage, discarded tires, display of goods, materials or

vehicles on the exterior of the building.

d. Hours of operation shall be as follows:

Monday: 8:00 a.m. to 8:00 p.m.

Tuesday: 8:00 a.m. to 6:00 p.m.

Wednesday 8:00 a.m. to 6:00 p.m.

Thursday 8:00 a.m. to 8:00 p.m.

Friday 8:00 a.m. to 6:00 p.m.

Saturday 8:00 a.m. to 5:00 p.m.

Sunday Closed

e. The Buyer will construct the property in accordance with all Local,

State and Federal building requirements. All drainage shall meet governmental standards

f. The Buyer shall cause to be installed a 6-foot high masonry wall to match the

proposed building at the south side of the property where the commercial use meets the

residential use approximately 164’ in length as depicted more accurately on the attached

Exhibit B. Further, the Buyer shall repair any damage to the existing landscape located at

710 Brown Street.

g. The Buyer shall install perimeter full cutoff lighting fixtures on the building and

around the property. Site shall meet all requirements of the City’s zoning ordinance

photometric requirements.

h. The Buyer shall cause to be installed a masonry dumpster enclosure to match the

materials of the building in accordance with the City’s zoning ordinance.

3. Site Plan Approval. Effective with the effective date of the rezoning of the

Property pursuant to Section 5 below, the Planning Commission and City grant site plan


4

approval and a special land use permit in accordance with the Development Plans attached hereto

as Exhibit B.

34. Rezoning Conditions. Buyer agrees to develop the Proposed Development on the

Property in accordance with the following conditions which have been voluntarily offered by

Owner and Buyer as a condition of the rezoning:

(a) Buyer agrees to develop the Proposed Development on the Property in

accordance with the Development Plans, as reviewed and approved by the City, and as they may

be amended or revised pursuant to this Agreement.

(b) Except as provided in this Agreement Buyer shall be subject to all

applicable codes and ordinances applicable to development of the Property, including but not

limited to the City Code, construction code(s), the Zoning Ordinance, or requirements of any

other governmental agency having jurisdiction over the Proposed Development, except to the

extent that City approves waivers, modifications or variances to any applicable City

requirements. Buyer may elect and is permitted to change the Proposed Development on the

Property, subject to approval of the City.

5. Effective Date of Rezoning; Reversion to Prior Zoning. The rezoning or

map amendment approved by the City Commission as set forth in this Agreement shall be

effective from the later of: (a) the effective date of the ordinance amendment approving the

rezoning or map amendment, and (b) the date on which Buyer acquires title to the Property from

Seller. The rezoning may not be altered except by petition by Buyer or a subsequent owner of all

or any portion of the Property.

46. Time Limitations. Subject to weather restrictions, the proposed improvements

to the Property contained within paragraph 2 above will be completed by the Buyer no later than

18 months from the Effective Date of this Agreement. Rezoning. This time period may be

extended by the approval of the Planning Commission, upon application by the Buyer, which

approval shall not be unreasonably withheld, conditioned or delayed.

57. Binding Effect; Assignment. This Agreement shall be binding upon and inure to

the benefit of the successors and assigns of the Property. This Agreement may not be assigned

by the Owner or the Buyer to any person or party acquiring all of the Buyer’s remaining interest

in the Property.without the City’s prior written consent.

68. Recording. Upon execution of this Agreement by the Owner, Buyer and the City,

this Agreement shall be recorded with the Isabella County Register of Deeds.

79. Amendment. No amendment to this Agreement shall be binding upon the parties

unless set forth in a written agreement in recordable form executed by Owner, Buyer and the

City. Any amendment to the Agreement shall be recorded with the Isabella County Register of

Deeds.


5

810. Voluntary Offer. The Rezoning Conditions imposed in this Agreement for the

conditional rezoning have been voluntarily offered by Owner and Buyer. If Owner and Buyer

elect not to develop the Property with the Proposed Development, within 30 days of the effective

date of this Agreement, Owner’s and Buyer’s rights under the Zoning Act, the City Code and

Ordinances, and other applicable laws of this state shall not be affected, however, the parties

agree that this Agreement shall be void and that the Property shall revert back to its former R-3

zoning classification.

911. Execution by Buyer. Buyer is executing this Agreement in order to be bound by

its terms in the event that Buyer consummates the purchase of the Property from Owner in order

to develop the Property pursuant to the terms of this Conditional Rezoning Agreement. If Buyer

does not acquire the Property, within 30 days of the effective date of this Agreement Buyer shall

have no obligations hereunder and the parties agree that this Agreement shall be void and that the

Property shall revert back to its former R-3 zoning classification. The parties acknowledge and

agree that until Buyer purchases the Property from the Owner no permits or approvals for the

Proposed Development will be issued by the City.

10. Breach of Agreement. Because of the unique circumstances of this Agreement,

the Owner and Buyer understand and agree that if the Owner and Buyer fail to fulfill their

obligations under this Agreement, the City will suffer irreparable damage, and that available

remedies, including the awarding of monetary damages, will not put the City in the same

position it would have been in if the Agreement terms and conditions were fulfilled by the

Owner and Buyer. As such, the Owner and Buyer agrees that specific performance and

injunctive relief are appropriate remedies for a breach of this Agreement.

Except as otherwise provided by paragraph 9 above, if the Owner and Buyer fail to comply with

the terms and conditions of this Agreement, in addition to all other remedies available at law or

in equity, the City shall have the right to seek specific performance and injunctive relief to

compel the fulfillment of such terms and conditions. At its option, the City Commission, after a

hearing at which the Owner and Buyer shall have an opportunity to show cause, may additionally

determine that the Property shall revert back to its former R-3 zoning classification in the event

of a breach of this Agreement.

All remedies in this Agreement are cumulative of all other remedies available at law or in equity.

Remedies may be exercised simultaneously or sequentially. The failure to initially use any

remedy is not a waiver of that remedy. The failure of either party to act upon any breach of this

Agreement shall not be deemed a waiver of that breach.

11. Interpretation. This is the entire Agreement between the parties as to its subject

matter. This Agreement is to be construed and interpreted under the laws of the state of

Michigan. The captions are for reference only and shall play no part in the interpretation of this

Agreement. However, the recitals are an integral part of this Agreement.

Formatted: Indent: Left: 0", First line: 0.5"

Formatted: Indent: Left: 0"

Formatted: Indent: Left: 0"

Formatted: Indent: Left: 0", First line: 0.5"


6

12.. Counterparts. This Agreement and any amendment to it may be executed by the

parties in one or more counterparts, each of which shall be deemed to be an original, and it shall

not be necessary for the same counterpart of this Agreement or any amendment to it be signed by

all signatories in order for this Agreement or any amendment to it to be binding upon all of the

parties. When counterparts have been executed by all parties, it shall have the same effect as if

one original had been signed by all parties.

[END OF TEXT; SIGNATURES FOLLOW ON SUBSEQUENT PAGES]


7

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and

year set forth above.

OWNER:

REDBIRD OF MT. PLEASANT, INC, a

Michigan corporation

By: _____________________________

Its:

STATE OF MICHIGAN ) ) ss COUNTY OF ____________ )

This Agreement was acknowledged before me in _______________County on ______

__, 20010, by ___________________, the ______________ of Redbird of Mt. Pleasant, Inc., a

Michigan corporation, on behalf of the corporation.

__________________________________

, Notary Public

___________ County, Michigan

Acting in ____________ County

My Commission expires:


8

BUYER:

BARNES DEVELOPMENT COMPANY,

LLC, a Michigan limited liability company

By: _____________________________

Its: ______________________________



__, 20010, by ___________________, the ______________ of Barnes Development Corp., a

Michigan corporation, on behalf of the corporation.

__________________________________

, Notary Public

____________County, Michigan

Acting in _________ County



9

CITY:

CITY OF MOUNT PLEASANT

a Michigan municipal corporation

By: __________________________

Its: Mayor

And

By: ___________________________

Its: City Clerk



__, 2010, by ___________________, the Mayor and _________________, the Clerk of the City

of Mount Pleasant, Michigan, a Michigan municipal corporation, on behalf of the City.

__________________________________

, Notary Public

__________County, Michigan

Acting in _________County


Drafted by: When recorded return to:

Stephen R. Estey City Clerk

Dykema City of Mt. Pleasant

39577 Woodward Ave., Ste.300 401 North Main Street

Bloomfield Hills, MI 48304 Mt. Pleasant, MI 48858


EXHIBIT A

Legal Description of the Property


EXHIBIT B

Development Plans for the Proposed Development

6660012.1 26426/121493

Formatted: Font: 9 pt

THE CITY OF

MT. PLEASANT, MICHIGAN

CITY HALL

401 N. Main • 48858-1698 (989) 779-5300

(989) 773-4691 fax

PUBLIC SAFETY

804 E. High • 48858-3595 (989) 779-5100

(989) 773-4020 fax

PUBLIC WORKS

1303 N. Franklin • 48858-4682 (989) 779-5400

(989) 772-6250 fax

Website: www.mt-pleasant.org Michigan Relay Center for Speech & Hearing Impaired: 1-800-649-3777

Zoning Change Review – DPW Office

Due Date: 7/26/2010

Address of Development: 1116 E Pickard Street Project Description: Make all three parcels at the southeast corner of Pickard and Brown C-3

Director:

Engineering: Sanitary sewer lead for Red Bird should be rerouted to Brown Street Sewer. Rerouting of Sanitary Sewer main is not necessary if Red Bird Sewer lead is rerouted, and may not possible due to grade problems. Will need proposed invert elevation information for sewer main if proposing to reroute the main. Sanitary sewer lead(s) are to be connected to the sewer main, not the manhole. Sidewalk through the driveways is to be minimum 6 inches thick. Cast iron truncated dome warning plates required for the sidewalk on both sides of the driveways. Fire suppression line, if required, must be a separate line/tap from the domestic supply line. Development will require storm water plan. Work in Pickard ROW will require MDOT permit. Maximum drive opening on Brown Street is 30 feet at property line.

Street Department:

Water Department: There are two existing water services, one at 802 Brown and one at 1202 E Pickard, that could be used. The one that is not used must be retired by contractor. We need to know what size water meter is required and water service line you need. The existing ones are one inch. Cross connection control devices may also be required if there any treated boilers or chemical feed devices. Jim

Wastewater Department: OK S.H.

DIVISION OF PUBLIC SAFETY CITY OF MT. PLEASANT

MEMORANDUM

TO: Jeff Gray

FROM: Lt. Steve Marti~

DATE: July 20,2010

SUBJECT: Conditional Rezoning Request - ZC-1 0-03 - 1116, 1202 E. Pickard and 802 N.Brown

In review of the above-mentioned Conditional Rezoning Request, I have no concerns regarding the proposed rezoning and will provide specific comments when Site Plan is submitted for review.

This list shall not be considered all-inclusive, as other requirements may be necessary if changes are made or more information becomes available.

If you have any questions regarding this matter, please feel free to contact Lt. Steve Martin at (989) 779-5121.

-. A

8

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Equipment Us!

(2) WHEElBAlANCEfIS (2)

o SAFETY CLEAN

o BRAKE LAn£: (2)

(]) BENCH GRINDER OIHIlElAl TA8LE

o TIRE BUSTER (1)

~R1MCLAMP(2) I RIM CLAMP {1)

0UFTS(8)

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COORD. W/8El..1.ETIRE

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COORD. WI BELLETlRE

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COORD. WI BELLE TIRE

COORD. WI 8EllETlAE .s-DOWS EOUIP. SAlfS & SERVICE

COORD. WI BELLE TIRE

OPEN TO BELOW

NOTES:

1. CONVEYOR SHALL BE MANUFACTURED, INSTAllED & GUARDED IN ACCORDANCE WITHE REQUIREMENTS OF ASME 820.1.

2. ALL FlAE EXTINGUISHERS SHAll BE IN ACCORDANCE WITH NFPA 10.

3. ALL NON-CAAPETED WAUONG SURFACES, INCLUDING MEANS OF EGRESS WALKING SURFACES, SHALL HAVE A SUP-AESlSTANT SURFACE.

4. COORDINATE METAL STORAGE RACK, UFT EQUIPMENT & METAL STAIASWfTHlHE ASSOCIATED EQUIPMENT SUPPUERS.

5. METAl LOCKERS LOCATED IN BREAK ROOM TO BE PROVIDED BY RAYHAVEN EQUIPMENT OF SOUTHFIELD, MICHlGA.N (248.357.1006)

6. VERIFY All COLUMN UNE DIMENSIONS WI STEEL FABRICATION DOCUMENTS

7. AU ACCESSIBLE DOORS, RAMPS, PARKING SPACES, ETC., SHAll MEET WfTH STANDARDS SET BY THE 2003 MICHIGAN BUIlDING CODE.

8. AU SIGNAGE, BOTH INTERIOR AND! OR EXTERIOR, SHALL CONFORM WITH THE CITY OF BATllE CREEK SIGN ORDINANCE

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WALL TYPES

TYPE DETAIL

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9. AU OPERABLE PARTS SHALL CQMPL Y WITH SEcmN 309ICC/ANSI AND MBC2003 (1109.13)

10. AU AUDIBLE DEVICES COMPLY WITH MBC 2003 (903,4.2)

, 1. ALARMS SHAll MEET THE REQUIREMENTS SET FORTH IN THE ICCfANSI A1H.l SECTION (702)

12. VISUAL & AUDIBLE ALARMS SHAU MEET THE REQUIREMENTS SET FORm IN MBC2003 (907.9.1.1) (907.9.21

13. PROVIDE METAL INSERTS INTO SLATWAlL SCREW INTO PL YWD. BACKING. REFER TO FINISH NOTES ON SHEET A90l

14. All WOOD TO BE ARE-AETARDANT TREATED

NOTE: FLOOR LIVE LOAD = 125 psf. PER seCTION 1607.0, TABLE

1607 .10F THE 2003 MICHIGAN BUn.D1NG CODE

METAL STORAGE RACKS, PORTIONS OF UPPER LEVEL FLOOR AND STAIRS TO BE PROVIDED BY RAYHAVEN EQUIPMENT OF SOlffiiFlELD, MICHIGAN (248.357.1006)

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3

DESCRIPTION REMARKS TYPE DETAIL

AJ SlATWALl. A1 OMIT 0 & E. PROVtOE 11'2", 8) METAL STUDS /20 GA./16" D.C. Pl YWODO BACKING 81 C) SLATWAlL (GRAY) UNDER SLAlWAU.@ 82 01 SOUND INSULATION DISPLAY SIDE 83 E) SIr!' GYPSUM BOARD

A2 OMITE 84 85

c::e (NOTE: INSULATION TO HAVE

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DESCRIPTION REMARKS

A) 12" ARCHITECTUAAlBLOCK 61 INSTALL GlAZING W/14' ARCH BLOCK BASE 8) 1 lIZ' GALV. METAL 52 OMIT B,C & 0, PAtNT

CHANNELS BLOCK, OMIT 1 T BLOCK

C) RIGID II'lSULAl1ON & PROVIDE 16' BLOCK

OJ SLAlWAll. B3 OMIT B,C & D. PAINT BLOCK

54 OMIT 12" BLOCK & PROVIDE 14' BLOCK W/2 COURSES OF 8" BLOCK BELOW

BS OMIT 0 IN CUST. TOILET. INSTALLs/S" GYP. BRO. ON MTL CHANNELS-CERAMIC TILE 48" A.F.F.IN TOILET ROOM

BB OMIT A. PROVIDE 14" BLOCK WI (2) COURSES OF B" BLOCK BELOW

SERVICE BAYS

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D ~---

n n n n n n n n n II II ~ II II II II II II II II II II II II II II II II II HH H H H H H HH II II II II II II II II II II II II II II II II II II II II HH ~ H H H H H I H H II II II II II II II II II II I II II II II II II II

H H H H H HH II II II II II II II II II II II II II II

~ b 7

TYPE DETAIL DESCRIPTION

~ 87 Al SLAlWALL (SALES SIDE)

sa B) 7/S' GALV. HAT CHANNELS C) S" CONGo BLOCK

89 O}7/W'GALV. HAT CHANNELS E) 518" GYP. BOARD

810

CD: A) 12" CONC. BlOCK WALL 8) 7~ GALV. HAT CHANNELS

811 C) SLATWAU 812

~

=0

n II

REMARKS

58 OMIT A & B @ PAINTED BLOCK WALLS (TLT. & SERVICE AREA)

59 OMIT A,B,D & E, PAINT BLOCK

Bl1 OMIT C, INSTAll.5/5" MOISTURE AESISTANT GYP. BRO •• FUU Hr. CERAMIC TILE TO 48" A.F.F. @ RESlFIOOM SIDE ONLY

8120MITC.INSTAll.5/8" GYP.BD.

0

9

~ -ZC-/O-03

~IIIUIrI(llIIIII111~IIl~R P.o. Box 7265 Bloomfieki. Mlctigan 48302 TEL..: 24B.258.6485 FAX;. 248.792.9630 [email protected] www.enrightarchitects.com

Belle Tire

Pickard & Brown Mount Pleasant, MI

Floor Plans

Conditional Zoning 7·12·10

10-240

A 101

· .

A

B

c

D

E

F

BRICK VENEER ----

o EXTERIOR SCONCE LIGHT FIXTURE 'HP

INDNIDUAL ILLUMINATED LETTER SIGN IN ALUMINUM FRAME NO LARGER THAN 100 S.F

PRE·FORMED CORNICE & FREIZE---.. (EIFS-l)

SOLDIER COURSE

FIXED METAL VENT

CLEAR GLASS IN ALUMINUM FRAME

,---------STI\NDIING SEAM METAL ROOFING (MR-l)

8'-0' X 2'-0' PRECAST CONCRETE ADDRESS PANEL (PC-l)

o CORNICE & FREIZE (EIFS-l)

BRICK SOLDIER COURSE (B-1)

MODULAR BRICK VENEER

CONTINUOUS MASONRY SILL (M-2)

14' SPUT-FACE BLOCK BASE

(M-3J

- B~ - ~:~t~ ~I:V~~O~ --------r ~ ------i t g~;~NGIN ~_L ____ ~ ________________ _ 14' SPUT-FACE BLOCK BASE (M-3)

'----t-L-- CLEAR GLASS IN CLEAR ALUMINUM FRAME

LOCATION #1

6' DIA STEEL BOLLARD FILLED WITH CONCRETE

8" THICK POURED CONCRETE SLAB

BRICK VENEER TO MATCH BUULD1NG COLLAR JOINT ON BLOCK WALL

1;0;.6 WP·6 CEDAR VERTICAL SIDING ON 1/2' COX PLYWOOD ON EACH SIDE OF 2;0;.6 WELDED TUBE FRAME

© Copyright 2010, E"lrlgi1t Archll~cts PLLC

1

LOCATION #2

5'·0'

~ 12'.0'

~

10';0" "1'·0'

~

2

ALUMINUM FRAME DOOR

FURNISHAlliD INSTAlL IN UNE BALLAST FUSES IN 8USS~lAN TRON

24'OlACONC. FOOTING ,'BASE

ANCHOR BO~TS BY ~~AN;JFACTURER

GALVA"" ST[EL TO DVC CONDUIT CON~ECTOF'

1;0;.6 WOOD TRIM

1;0;.6 WP·6 CEDAR VERTICAL SIDING ON 1/2" COX PLYWOOD ON EACH SIDE OF ~ 2;0;.6 WELDED TUBE FRAME

-----2';o;6";o;3/S" WELDED TUBE FRAME

I

SLOPED CONC. CAP COLOR TO MATCH WALL

SOLDIER COURSE

BRICK VENEER TO MATCH BUILDING

#4BARS@16" D.C. x 48' LONG

.. ~': '; .......-- 12' POURED CONG. k' '" V FTG. @42'BELOW '" GRADE WI (2)·#4

BARS@TOP&BOT. ',,:.-

j;!~~----~e-i-l-~-ff-~;l~~~~PED CONC. SOLDIER COURSE

b ;r; _ BRICK VENEER

TO MATCH STYLE &

:. __ .. ::~~_~.~::_:~~.-.-.-~-~~-~. COLOR OF

BUILDING

~~OURED

~ ~g~~~!JI~N MIN. 42' BELOW

I ~;=\ SC;;'; Wall Elev~ti~n ~ SCALE: 1,4" = "-0'

10'.{j'

_________ 'l.J

10'·0'

HEAVY DUTY OFFSET GATE HINGE· (4) PER LEAF

TS8";o;6' ANCHORED TO SCREEN WALL

1/4.X2";o;.~6~.:BE~N;T:PLA~TE~;jt:~~:~~~-~~f1ri~~i~~PED CONC.

ANCHOR WELDED TO TUBE SECTION

BRICK VENEER

TSSx6ANCHQRED TO SCREEN ~ ~~~:~CH WALL CAP W/l(4" SlEEL PiA TE. WELD & GRIND ----........ COLOR OF

~ BUILDING

,---L-------lil FOUNDATION

U I L': _________ ~

3 4

MODULAR BRICK VENEER (B·l)

PRECAST STONE SILL (PC·1)

14" SPLIT ·FACE BLOCK BASE (M·3)

STANDING SEAM METAL ROOF

INDIVIDUAL illUMINATED LEITER SIGN IN I\lU'''NL1M--, FRAME NO LARGER SF PER REQUIREMENTS PUD AGREEMENT

BRICK SOLDIER ___ 4-

COURSE (B·l)

East Elevation

~60~DING SEAM METAL'--________ ~

I ______ -1-_1 _______ -1-_: ___ ..J

o I

CORNICE & FREIZE (EIFS·l)

PRE·FORMED CORNICE & FREllE (EIFS·1)

BRICK SOLDIER COURSE

MODULA~ BRICK VENEER

~~~~--~~----~~----~----~~----~------~~--~~----~~ i I -----i-----CLEAR- !

I i Ii Iii L_~_Lj ___ -.lL _____ _

I

F4 West Elevation A201 SCALE: 1 S' = 1'-0'

5 6 7

~~;I~gIN! CLEAR ALUMINUM FRAME DOOR

8

14" SPLlT·FACE BLOCK BASE (M·3)

9

p _0. Box 7285 Bloomfield Michigan 48302 TEL: 248.258.6485 FAX: 248.792.9630 [email protected] www.enrightarChilects.com

Belle Tire

Pickard & BrDwn

Mount Pleasant, MI

Exterior Elevations Site Details

Conditional Zoning 7-12-10

Condilional Zoning Revisec 7·2&10

10-240

A201

. .

A

B

c

D

E

F

HE CORNER. SECTION 14. n#l-R4W, 'UHION lWP., 1SABEU..A COUtfTY. Nt S30W 56.7S SET NAIL AND TAG AT THE BACK OF CURB S55E 7J.38' SET NAIL AND TAG AT THE BACK OF CURfI N70E 87.22' FNO NAR. AND TAG IN THE SE fACE OF A POD POl[ (08T) N40W Sout SET NAL AND TAC IN lHE SlOCWAlK .ntH

BENCHMARK DATA TABLE

N,lI"""" 769845

OESCRIpnoo Bt.I220 FND RR SPIKE IN NWFACE Poe POLE 15O'± E. or cA. ~ ST. SO':!: S. orc,A PICKARt! ST.

DRAINAGE STRUCTURES MH,127 lYPE~ STORM COVER: CURB INLU RNa 76.144

1oIH,lOn TYPE: SlORI.I CO\{R: F\.AT ImlE RN:·76J.26 12" RCP HW INV.=755.36 12" ReP S INV,s756.41

i NUWHER

"" 220 '" 505

769679

EASllNG 13018501 13018411

arvAlIOH 766.97 765.09 BIoI 505 SET SPIKE IN N. fACE PO\IIER POLE 2oo'±. S. OF PlO<ARO ST. 50'± EAST OF ejL BRO\IIH ST. ANO 120'! N. OF ejL PAlMER ST. EX1ENDED.

8" a'P W 1NV.=758.« 8" VCP 5 tN.=756.44 12" RCP N INV ... 756.« 8" ~ S 1NV.=760.24

SECTION CORNER DATA TABLE

)

ASPHALT DRI

OMHII226

ir.IH..JVJ-t--__ ![~ __ ./i~ '-4! --,-~--.-:Q~""~~:.:028=-------:-----:-----~

1 inch =

AS~HAL T DR!'f

GYM .f0!8:::~~ Ir.MH liOn

30 ft. MUIolBER NORntNG SCOR 1-5 RDK»f 769880.6210 OCCR J-5 ROIOH 159896.9190 CCDR J-6 REWON 167208.5840 oem 1-5 REMCN 167218.5760

EAS11NC lJ01nJ4.8560 lJ019781.12lO 11O'I9786.l4OO 130171J9.1640

I: 0"'/122' .. ,/-----: I I • I 1 '

I \ ./

----t:m II~CKARD STREET (M-20) (100' R.o.w.) /~: ~~~R!'~ =ERnw:~~ CCRlNTY, MI

•••••••••••••••••••••••••• , ••••••••••••••••••••••••• - ••• _n ••••• ""6: ... ~lH ::.:: =~CXRA~~T pru

ASPHALT I S45E 8J.Jl' SET 60D NAIl. AND TAG IN THE WAlK JltIT

--"_ NORlH ujE,-stcnoNZ4 _ '.~_ NB9"38'S3" . -y- 1288.00': ;~ .. ,.... -""4~~--""84.00=-· ----''''.

1 ' I \ II' 6

.00

···········1 ................... =_ .. ___ --1-200-:-3t "5' _"~' NOT W£S:'FA~ """'" "" -1- -t I

I 1 r U.~ERGROUND GAS I I ~R FIELD EVIDENCE

I ! -~.J;:~~j;:t~~]:==~====~~::~~~~~~~~~r:==~q:~~~~~ , / ~,-

t

/ ~G SAIIT,"' ""'" PER

-4 __ -.1 --€)J.IH flZ2J

OESCRlPllON SEC1IOH CORNER 1-5 REMON, SECllON 14-, n4H-R4W, UtiOH llIIl'., ISABW.A COUNTY, MI 1/4 CORNER J-5 ROlON, SECTION 14-, TI4N-R4-W, UNION T\IiP •• 1SA8ElL\ COOHTY. 1.11 CENTER SECtiON J-6 REWON. SECllON 14. TI4H-R4-W. lJNIOH T'M'., 1SABEl.l.A COUNTY, WI 1/4 cmNER Hi ROlON, SECTlCN 14-, T14H-R4W, UNION TYI'., ISABEl..LA COONTY, t.I

DETAIL "K NOT TO SCALE

= WEll

22 23

~ GAS DlE CONTACT: !)ow; Newtombe PHON£: (2Jl) 592-32#

EL£CTRlC Consumen Energy CONTACT: IfICh Klender PHONE: (989) 456-4265

1El!PHaIE

-~ CCHTACT: Jdfrey Janel (969) 16.>-1331

12

13

24

LOCATION MAP SECTION 14, T14N-R4W,

27

"", ... TYPE: STaN COVER: FLAT GRAlE Rlt.I .. 154.32 8" PVC 5 tN.",760.52 8" PVC N INV.=150.52

J.lHI560 "",SlfRlj COVER: CURB 1tfl£T RIIoI= 76156 12" RCP W IHV.=757.96

t.lHI562 TYPE: SANITARY COVER: SCUl RIM,. 163.90 8" PVC 5 1NV ... 751.80

MH,1028

""" S1llI>I COVER: SOUO RIM .. 764.28 48" ReP N INV.=1411.Z8 4fr RCP S INV.=148.Z8

MHll0Z9 nre STMiol COVER: SOlID RIIoI= 164.31 4fr RCP N INV.=14a.J1 48° ReP W 1NV.=148.J7

WHI 1078 1'IPE:STORJ.I CCMR: SOUD RlM=: 763.56 24~ RCP E INV ... 750.91 24" R<:P W INV.=750.76 12" ReP SE ,"'1.=755.81

t.lHllll1 TYPE: STORM CO\'£R: CURB INLET RiU- 163.25 12" RCP N 1NV.=758.B5 12" ReP S INV ... 758.B5

YMIlI32 rn>E; STORM CO'.(R: SOUD RIM=: 164.34 48" RCP 5 IHV."'148.94 lZ" RCP S IN'I.=758.54 48" RCP N INV.'"'748.84 1Z" RCP E INV.=1S7.14

lIItll134 T'IPE:- SRJlM ro.m aJRB INLET RILl .. 76124 Ir RCP N INV ... 159.14

MH# 1223 TYPE: SANITARY COVER: SOUO RIM .. 164-.41 10" VCP W INV ... 755.9-STRUClURE HAS J't OF WATtR IN IT AND WE CANNOT BE SURE (f" PIPES EHlERlNG THE STRUCTURE.

IoIHII227 WH IS LOCATED 6ZZ' \l£ST ex' MHIIZ23 TYPE: SANTARY CO\O:SOUO RIIot=166.Sl

F.f.-764.74

PoX. ""' SET PK NAIL

;; LIGHT POLE \I 'fiu:: "" WATER FAUCET

DS ;; DOWN SPOUT

UNION TOWNSHIP, ISABElLA COUNTY, MICHIGAN

8"VCP ~ INV._754.IIJ--NO flOW BlIBBUNG IN CENTER OF" WANHOl£ INTERNAl ORCP TO SPEEDWAY INV.= 762.33 6" ENE INV.=754.Sl

PALMER

, \;;. ST.,

___ ";";~~134

"'",,,,, MIKE ANO STEPHANIE SPlRIS 1TOBRO'llNSTRffT TAX lO: 11-000-05-701-00

REO BIRD OF toIT Pl£ASANT 12tO E. PICKARD SlREET TAX to: 11-000-15-596-00

!NlERI~ 1/4 COONER, SECTIOH 14-. TI4H-R4W.

{-- = POWER POlE

G.. = MANHOlE

"" = HANDHOL£

M"B ::: MAIL BOX

\,." = GUY WIRE

~ = ROAD SIGN

Y ~ GAS METER

-6- := HYDRANT

8\1= WATER VALVE BOX

~ - SPRINKLER HEAD

fIHv "" MONITORING WELL

• ,... ROUND CATCH BASIN

o "" INLET

III = TELEPHONE RISER

~ = AIR CONOITION UNIT

= UETAl LIGHT POlE

.. nooo UGHT

® "" ElECTRICAL OUTLET

o == POWER POLE

D'AD" ELECTRICAL PAD

r = EllClRlCAL METER

c:::J "" ELECTRICAL PANELS P"':L

eo = ClEAN OUT

...... == SIGN

0FP '" flAG PM

Q = ROCK

FF - FIRST flOOR ElEVA nON

------------- - GRAVEL

- - -- - - = CENlERUNE Of ROAD

------- = WATER MAIN

----------------- = STORM SE\llER

---.. ___ - SANITARY SEWER

-------- - TELEPHONE (UNDERGROUND)

-------- = ELECTRIC (UNDERGROUND)

-----=GAS

---'--- = OVERHEAD

-.-~-.- x - = EX. FENCE

= DECIDUOUS TREE

= CONIFEROUS TREE

l(. "" FlAG "UNDERGROUND unuTY'"

1) = SruMP

"" MUL nSlEM lREE

= CONIFEROUS SHRUB

• :: FOOND IRON

o :: SET IRON "" DECIDUOUS SHRUB

"" EX. TREE UNE UNIOO l'IW., ISABEllA roJNTY, loll

I N1DE 21.69' FHO NAIl AND TAG IN lHE E. FACE OF POV/ER PetE I 'WrST 1/4 CORNER, SECOON 14, J NJOW 4446' FNO NAIl AND TAG IN THf SII FACE OF" A 26" EL\I 1R£[ I

:R~~:a. ~N~~A~~~~~aAD< OF" CURB ~~~~-WAY lINE ~ ;jJi :C~ ~ T~~ ~:~~ ~ ~ ~lR~~T)

LJ '"' AREA ZCWED R-J RESIDENCE DISTRICT

c=J = AREA ZCWED C-3 GENERAL BUSINESS OISTRICT

~5E 48 22' SET NAIl AND TAG AT THE BACK ex' aJRB NORlH 32.80' TY ER T

N5[E 50.30' SET NAIL AND TAG AT lH£ BACK OF CURB ~~ti' ~~ PlA~N LO I, BROADWAY ACRES UBER 5. J

NtiOW 60.54 TOP CENlER Of A Hl'ORANT J

__ -- __ -- __ -- ____ N8~4[Ol~2~47J9_' ____ ~±'l~E. SECTIONJ4_ -- __ -- __ -- ________ -1- ________ -+ 3 WORKWG DAYS BEFORE YOU DIG CALL MISS DIG 1-800-482-7171

Fat lH£ LOCATION or UNOERGROJND F AClJT£S

LEGAl DESCRlPlIClNPRWDEO: nTlE COUt.llJ.lEHT fllE NO. 9546J

~~~IN: ~~ ~T.~='~Wag~,~~THE NW CORNER or SECllON 14. TI-4N. R4W. lHENCE EAST 84 FEET, SOUlH 22() FEEl. 'fIEST 84 rm, NORlH 220 FE£T TO lHE PONT

PARCEL 2: A PARCEL Of LAND CQ,IWENC!NG 1312 FEET EAST Of THE NW CORNER Of SEC1lC».! 14, TI4N. R4W, THENCE SOOni Z20 FEET, ntEllC£ EAST 80 FEET. THEHC£ NORlH Z2{) FrET lHfM:( WEST 80 FEET 10 lHE POOH CF BEGINNING, an CF lIT. PlEASANT. ISABlliA COUNTY. MICHIGAN. '

PARCR 1 lHE 500lH 110 F£ET OF lHE EAST 164 FIET OF THE FOllO'MNG DESCRIBED PRCf'ERTY: CIJ,IM[NCING 12 RODS EAST or lHE NW ~ER Of SEC1lON 14, n4N, R4W. THElIa: SOOlH ZO ROOS; lHENa: 001 16 RODS; lHENC[ NORlH 20 ROOS ANO WEST 16 ROOS ll1E PLACE OF BEGINNING, CITY OF MT. I't..EASANT. ISAB£I.LA COONTY, UlOiIGAN.

© Copyright 2010, Enright Archlt~cts PLLC

1 I 2 3 4

10 BARNES OE\t1.CAlENT COWPANY, u.c. BEllE TIRE DISlRIBUTORS, INC.. REDBIRD CF Mr. Pl.IASAHT. INC. MT. PLEASANT ABSTRACT ~ TIl1£, INC. AND CONERICA BANK.:

ntIS IS TO CERtiFY mAT lHlS .wAP OR PlAT AND lI-IE Sl..fR'y£Y ON 'MilCH rT IS BASED 'IIERE MADE IN ACCCRIlANCE IIInt lHE "MINMJ» STANOARO DETAI. REOUIREMENTS FOR AlTA/ACS.\I l.AN) llTLE SUR\{YS; .aNTI. Y ESTABUSHED AHO ADCf>1ED BY ALTA AHO NSPS IN zoos. AND 1NCUJOE5 IIDIS 1,2,3.,4,6,7(A) AND 1(B), 8,9,lO,I1(A) AND 11(B) .AHO 16 AS APPUCABLE. IY' TABL£ A ntEREOf. PURSUANT TO THE ACOJRACY STANDAROS AS AOOPlED 8Y ALTA ,tW NSPS AND IN EfFECT ON 1HE DAlE or ntS CERTmCAlIOH,

~D£R~ ~~~~:,"~IN~~ ~ N~~ ~.!f'!~;r:r::~ lI-IE STAT[ Of WIOi!GAN,

DAlE

REGSlRA liON NO. 55562

5 6 7

NOT TO SCALE

NOTES 1. THE UllU1J£S AND TOPClGRN"HIC FEAlURES ~ ME BASED UPON ...sHlE EVIDENCE, AElD LOCAlED SURFAa: SlRIJCTURES At.D VARIOOS UllUTY REC(K)S. SINCE WEATHER AND PHYSICAl GROUt() l~ ARE UNCOH'JRQ.LABl£. 'lIE DO NOT WARRANT lHE LOCAlION OF" UNSEEN TOPOGRAPtICAl. FEAlURES. Sl:NCE A C!IIPI..ElE RECORD Of ALL UllIlIES IS DIF'FICUlT TO OBTAJI. IE DO HOT WARRANT M LOCATION Of lH£ UNOERGROOHO PORlJON Df THE UlIlJlIES AS PI.OTlED FR~ UlUTY RECCf!DS. CONSEcoom Y. WlSS DIG SHOUtD BE CONTAClED I'RIMTO»ffIXWSlRUC1lON.

2. zotfii;: C-3 GENERAL BUSINESS DISTRICT SETI!AO<So

fR(J(f_50FT V.Xl) 1)£ SDBN:K C* A LOT wtIOt DOES MOT FACE A MA.XJR SlREET ~ HIGHWAY MAY CONFORM 10 EXI5TING ADJOIN .. G fR()(T YARD SElBACKS mAT ARE LESS lHAH REQUIRED BY THIS DiAPlER. HO'IIE'ItR. NO BUlI.OOtG SHAll. BE a.oS£R TO THE FRONT PR<PERTY lINE lHAN M -HAlF lHE ZONE REWlRfMENlS.

9DE -as n (M) NO 9DE YARD REQUIRED UNlESS ADJACENT TO A RESIDENTIAl IlSTRICT ON A SIDE STREET, IN 'IIHCH CASt 1)£ SIDE YARD SHAll BE AT lEAST 12 fT

REAR-OfT (K) 1l£ i!£AR YARD IoIAY BE USED fOR OFF-STR£ET PARIC.NG (Q) NeN: EXCEPT 'MiEN ,.t,O.IAC[NT TO A REWIRED i!£AR YARD IN A RESIOENlW. OISTRICT, CJ.t ONE FOOT fOR EACH 01£ fOOT EXCEIDHG 12.5 fT 1M HEIGHT, AN[) EXCEPT 'IIHEN ADJACENT TO A SIDE YARD NIDje'R ~T YARD IN A RESIlENTIAL DISTRICT, lHEN EWAI.. TO 1I£ l£AST SlOE YARD REQURDi£NT (I" THE ADJACENT RE51OEJfIIAI. OISlRICT. If lHE SE1BACX IS LESS lHAN 20 fT, lHE REAR WAll or THE STRUCTURE SHAll HA~ NO (J'ENINGS AND BE CONSlRtICTED Cf" aIAICN OR fN:E. BRIO<. POURED eR PRECAST DECORATM: WASONRY OR OE~All\{ ELOOC AS N'PRO'om BY 1}£ PlANNING CONIoIISSIOH AT 1t£ SITE PLAN Rn1EW. ALSO All GRWND OR Rca MWflED MEOIANIC IlE'otCES OR \DfIS SHAll. BE AT IL\ST 25 n FROU 1HE REAR LOT Ut£.

NOlE: SETBACKS AT PICKARD AND BROYeW ST. ARt: 50 fT IN ZM C-J. 1I£ EASlERLY Ut£ IS ~ A SIDE-YARD AND SOOlHERlY AS REAR-YARD PER I.IT. Pl..EASANT Pl.AHHING DEPAA1l.IENT.

"AXlAAlHElGHT~SlR\.IC'MES-15fT UINHUN PARKIOO SPACES:

1 FeR EACH 20D SQUARE FrET tY 1JSAII.E flOOR SPACE or SAlIS RClCI!I AHD OFFICES AM) ONE FOR EACH AUTO SER'otCE. STAll IN 1I£ SERVICE ROCII.

R-J RESIOENCE DISTRICT

SElBACK' FRau", ZD rr (AXI) ntE S£lBAQ( CN A LOT 'MIOf DOES NOT FACE A MAJOR STREET OR ttGHWAY MAY CONFORM TO EXIS1'ING AD.XliNIHG FRQH YARD SETBACKS lHAT ARE l£SS lHAN REOUIRED BY THIS CHAP1[R. HO'II£'i[R, NO BUlLaNG SHAll BE aJli£R TO lHE FRan PROP£RTY LM THAN ~E-HALF 1HE Z(I£ RfCUlROlENlS. (AX2) at A LOT FACING A IIA.(lR SfREET, IIITH A LOT Lt£ ClO5£R ntAN 40 fEET TO lHE CEH1ERlJ4E tY lIi£ SlREET, n£ Rf(MRED FRONT YARD SHAll BE. t.EAStJRED FRC* A UNE 40 fEET fRDII THE CENTERl..NE Df n£ SlREET.

SIDE· 6.5 fT (B) THERE SHAll. BE 00 SIDE-YAROS AND NO SIDE YARD SHALL BE LESS THAN 10~ or lHE REQUIRED lOT 'MOnt OR lESS mAN 9X fEET. SIDE YARDS ON A SlOE STREET SHAll BE ONE-HALF CF THE REWRED FRCHT YARD ~ 1'1£ ZONE. 1l£ UINIIIUU DISTANCE BElVIIDt 8UIllINGS ON ADJACENT LOlS SHALl BE 12 fEET.

REAR • Z5 fT UAXIIoIUU HEIGHT OF SlRUClURES '" 2.5 S'l'mES,. J5 n

J. VERTICAL DAlU .... NAW88

4. HORIZONTAL DAlU" .. NAD8JjC0RS96 MCS soont lONE

6. FLOOD ZONE .. AREA ornRloIIHED 10 BE ZONE X OUTSlt[ 500 Y(AR FUlOO PLAJI.

7. EASDlENTS: L Bt.»IKET EASENEHT O\£R ENlJR£ PAReD. Fa!: Pf'EUNES AHD UllfJ£S AS R£CORDED IN L24-4-, P.418

8. UTlJT£S: L RECORDS FOR UNDERGRQJMI) UTlUliES HAVE NOT 'YET BEEN RECEMD FOR lElEPHONE. iI. em RECORDS INDICATE M SANITARY SEWER RUNNING EAST AND 'llEST ACROSS TIfE 9TE AHD UNDERHEAlH lHE RED8lRD BUllDIl+G IS STU AClI\{ AT lHlS WE ANO 'MlL NEED TO REJWN IN SERVICE OR BE RELOCAlID.

9. SUIMY NOltS: i A RlGHT-CF-WAY EASENENT MAY EXIST AT THE SOO1t£AST CORNER CF PAReD. fJ I'm ROAD AMO l11IJTY' CONS1RUC11ON AN) MAiNIDIANCE. SEE D£TAIl "A". Ii. A 1.Z'f. SlDEWAUC ENCROACHMOH EXISTS AlONG lHE ENliRf ~nt UNE OF PARens 1 AND 2. lJ£ SOOlH EDGE Of WAUC IS 1.ti: SCUlH tY lI-IE SOU1H RIGHT-OF-WAY UNE. ii. A POSS8L ENaWACHt.IENT ElOSTS FROM lIiE GRA~ DRI\OAY TO THE EAST lHAT APPEARS TO HA\{ BEEN SHARED AT ONE TIJ.IE IIInt THE ADJAC£NT PROPERTY, rT HAS BEEN fENa:o AND APP£ARS NOT IN USE ClfiRENltY. IV. A POSSIBlE EASOIEHT MAY EXIST AlONG 1HE SANITARY lINE RUNtiNG EAST AHO YltST ACROSS 1HE I.IIIXU. OF lHE SITE. on RElXJIDS INDlCAlE THE UN£ IS STR.l ACIDE.

8 9

-

~lllnlmllllllll 'mlH~ jIo I'I0f £ S f I DII aL tOIl' DI O\T 10 II

P,D. Box 7285 BlooMfield, MlchlgQn 48302 TELl 248.258.6485 fAX' 248.792.9630 [email protected] www.enrlghta.rchltects.col'l

~

-BELLE TIRE

PICKARD & BROWN

MOUNT PLEASANT, MI

-ALTA SURVEY

-""

,.",..,-

10-240 !d • .," .. ' ....

C1

· "

A

B

c

D

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LEGEND

J":",<.:, I PROPOSED CONCRETE

PROPOSED ASPHALT PA'o£MENT

~ PROPOSED BUIlDING

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CONSTRUCTION NOTES CONSTRUCT ASPHAlT SECTION PER TYPICAL PARKING LOT CROSS SECTION ON SHEET C3.

@ CONSlRUCT TYPICAL 4' SIDEWAlK PER DETAIL ON SHEET C3.

@) ~~~lR~J2 TYPICAL 6' SIDEWALK PER DETAIL ON

CONSlRUCT RAISED EDGE SIDEWAlK PER DETAIL ON SHEET 0,

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PlACE REGUlAR DRY PAI<£MENT MARKING - BWE

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PlACE BARRIER fREE VAN ACCESSlBlI SIGH ON POST.

INSTALL S' PVC $OR 26 SANITARY SEv.ER 0 1.OX INSTALL S' SANITARY CLEANOUT AT ALL BENDS.

CONlRACTOR SHALL CORE DRill AND CONNECT PROPOSED SANITARY SERVICE TO EXISTING SANITARY MANHOLE VollH FlEXIBLE RUBBER BOOT, NO CONNECTION SHAll BE MADE UNTIL YIRITTEN APPROVAL HAS BEEN A TIAINED FRON lHE CiTY or MOUNT PLEASANT. lHE CONlRACTOR IS R[5PONSIBlI FOR OBTAINING A PERMIT fROM lHE CITY AND PA'tlNG Au. ASSOCIATED PERMIT, INSPECTION AND TAP FEES. lHE CONlRACTDR SHALL NOTIrY lHE CITY or MT, PLEASANT A MINIMUM or 24 HOURS BEFORE BEGINNING SANITARY SE\\81 WORK.

INSTAll 2' TYPE K WATER SERVICE CONNECT TO EXISTING lEAD, lHE CONlRACTOR IS RESPONSIBLE FDR OBTAlNJNG A PERMIT FROM lHE CITY AND PA~NG ALL ASSOCIATED PERMIT. INSPECTION AND TAP rEES. lHE CONlRACTOR SHALL NOTIrY lHE CiTY or MT, PLEASANT A MINIMUM or 24 HOURS BEFORE BEGINNING SANITARY SEv.£R WORK,

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PARKING SPACE CALCULATIONS' CURRENT ZONING: C-3 SITE AREA: 1.06 ACRES BUIlDING AREA: 10.000 sn

PARKING REQUIRED: 1 PER 200 SfT Of RETAIL + EMPLOYEE + 2 PER BAY

1.800/200 = 9 9 EMPLOYEES = 9 10 BAYS X 2 = 20

TOTAL REQUIRED: 38 SPACES TOTAL PROVIDED, 50 SPACES

!1MIl;. CONlRACTOR SHALl BE RESPONSIBlI fOR ALL lRAmC CONlRDl DEVlCES TO MAINTAIN lRArAC ON BROIItl SlREET AND PICKARD SlREET DURING CONSlRUCTION or DRII<£S AND CONNECTION or UTIUTIES. PER CiTY or MOUNT PlEASANT AND MOOT REQUIREMENTS

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LEGEND

I".: .:.: .: .. 'I PROPOSED CONCRETE

PROPOSED ASPHAlT PA'l£MENT

~ PROPOSED BUilDING

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LANDSCAPE NOTES:

CONTRACTOR SHAll VERIfY LOCAnONS OF All ON-51l£ UnUnES PRIOR TO DlifECTRlC. GAS lHESE S[R\1CES

2. LANDSCAPE CONTRACTOR SHAll COORDINAl£ All RElATED ACn\1nES IIIlH OTHER TRADES ON lHE JOB AND SHAll REPORT ANY UNACCEPTABlf JOB CONDInONS TO lHE o\lNER'S REPRESENTAnVE PRIOR TO COM~ENCNG.

3. CONTRACTOR 1IIll. SUPPLY nNISH GRADE AND EXCAVAl£ AS NECESSARY TO SUPPLY A ~INIMU~ 6" TOPSOIL DEPlH IN All PLANnNG BEDS. A MINI~UM 4" TOPSOIL OEPlH SHAll BE PRO"'OEO IN All TURf AREAS

4. AREAS NOT CAlliD OUT OlHERIllSE ON lHE PLANS SHAll BE RESTORED IIIlH TURF.

5. All. "EDGING" NOTED ON lHE PlANS SHAll BE STEEl LANDSCAPE EDGING. PlASnC OR AW~INUM SHAll NOT BE ACCEPl£D.

6. M ~~'J~lf8: ~ ~JRl~MD 'II~6MN-fcDm~K ~UlCH, 7. lHE CONTRACTOR SHAll GUARANTEE All PLAN

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HEAlTHY ACCEPTANCE. DEAD OR

REP. OURING AND

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9. YlHERE A DISCREPANCY IS FOUND BETIIEEN EXlSnNG nEW CONDtnONS

~~'~f.&etE~oIfNcm!1l:gj,~~~t'&~lt;..ptE OWNER·S

10. All LAYOUT IS TO BE STAKED BY lHE CONTRACTOR FOR APPROVAL BY lHE OWNER OR lHEiR REPRESENTAnVE PRIOR TO CONSTRUCnON.

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12. CONTRACTOR SHAll BE RESPONSlBlf FOR VERIfYING All. DIMENSIONS. RADI. AND EXISTING CONDInONS PRIOR TO INITIA TtNG CONSTRUCTION. ANY DAMAGE TO EXlSnNG LANDSCAPING SHAll BE REPAIRED AT lHE CONlRACTOlfS EXPENSE.

13. AlllANOSCAPE AREAS SHAll HAVE PROPER DRAINAGE lHAT PREVENTS EXCESS WATER FROM STANDING ON LAWN AREAS OR AROUND TREES " SHRUBS.

~======t:"'-----UHOlSTURBED EAR1Ii

14. THE OWNER OR THEIR REPRESENTATIVE RESERVES THE RIGHT TO REJECT ANY PLANT ~ATERIAl NOT ~EEnNG sp£anCAnONS

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DRAFT Excerpt Mt. Pleasant Planning Commission

Minutes of Regular Meeting August 5, 2010


Present: Brockman, Holtgreive, Kostrzewa, Lux, Orlik (Chair), Rautanen, Smith (Vice-Chair).

Absent: Robinette, with one vacancy.

Staff: Gray, Murphy. V. Public Hearings:

A. ZC-10-03 – 1116, 1202 E Pickard and 802 N. Brown – Request to conditionally re-zone

the south 50 ft. of 802 N. Brown from R-3 to C-3.

Staff explained that this request involves three parcels, which, if approved for re-zoning will be combined for the development of a new Belle Tire retail store. Staff explained there is currently mixed zoning on the property, with 1116 E. Pickard and 1202 E. Pickard, and all but the south 50 ft. of 802 N. Brown being zoned C-3, and the remaining portion being zoned R-3. In order to facilitate the proposed development, the applicant has asked that the south 50 ft. be conditionally rezoned to C-3. Staff explained that this parcel has been subject to various requests over the years, with the last request in 2001, at which time a re-zoning request to allow a used car sales lot was denied. Staff explained that we now have the conditional rezoning tool in place, which allows us to look at the proposed development and allows the applicants to offer up self-imposed conditions to help the development fit with the character of the surrounding properties.

Staff shared the proposed site plan, showing a parking area, which would be set 26.3 feet off the south property line, with a 25 ft. green-space buffer. In addition, staff explained that the applicant has proposed building a 6 ft. brick masonry screening wall along the south property line. Staff shared the building elevations provided by the applicant which propose a predominantly brick building with glass, EIFS and standing seam metal accents. Staff stated that both the screening wall and the proposed masonry dumpster enclosure would match the building. Staff stated that the applicant has provided a proposed conditional re-zoning agreement which includes several conditions they are willing to offer, as follows:

• Commit to use as a Belle Tire store, constructed of materials shown on the plans; • Assure that no vehicle work will occur outside of the building and that no

exterior storage, including discarded tires, will occur outside of the building. • Confirm the hours of operation. • Confirm that construction will comply with all applicable standards.

DRAFT Excerpt Planning Commission Minutes August 5, 2010 Page 2 of 4

• Commit to the installation of a masonry screening wall along the south property line with brick matching that of the building.

• Commit to the installation of full-cutoff (downward directed) light fixtures that meet the requirements of the ordinance.

• Commit to a dumpster enclosure of brick masonry matching the building.

Staff reminded the Commission that if the re-zoning request is approved by the City Commission, the applicant will still need to go through the Special Use Permit and Site Plan Review process prior to construction. Staff stated that a preliminary review of the site plan has been conducted to assure the project meets the minimum requirements of the ordinance, and a more in-depth review will take place during the Site Plan Review process. Staff concluded that he feels the applicant has offered a superior design with complimentary features and that with the parking area and buffer, the project provides an appropriate transition between the commercial and residential properties. Chairman Orlik asked if there was any proposed access points from Brown Street. Staff stated there would be two access points; one at the south end of the Brown Street property, along with a shared access with the neighboring property to the east, off Pickard Street. Commissioner Holtgreive questioned whether the placement of the drive on Brown Street would be in the same location as the existing driveway. Staff indicated the northern edges of the drive would be close to the same area; however the new drive will be wider. Commissioner Holtgreive asked which way the service bays would face. Staff stated all service bays would front Brown Street. There are two garage doors on the south side that will be used for vehicle alignments and no tire work. Deliveries would also come to the south side of the building. Commissioner Kostrzewa asked about the noise generated from the proposed store. Chris Enright, Architect representing Belle Tire, addressed the Board. Mr. Enright stated that Belle Tire is a Michigan Corporation with several locations throughout the southern part of the state and Northern Ohio. The company is expanding north. Mr. Enright stated this is a first class operation in all aspects. He stated that all storage of materials will be inside the building and all work will take place inside the building. Vehicles are pulled into the bays by staff, not customers. Mr. Enright addressed Commissioner Kostrzewa’s concern regarding noise by stating that the service bays would be facing Brown Street. He further indicated that the south doors would contain alignment racks, which do not involve pneumatic tools. He stated the removal of tires will be conducted mainly in the first two bays facing Brown Street. He further stated there would be no music, etc. broadcast outside. Commissioner Holtgreive questioned whether the doors would be open during servicing. Mr. Enright stated that would depend on the weather, but that the doors would be open


during servicing, weather permitting. Commissioner Lux questioned whether, on the evenings they are scheduled to stay open until 8:00 p.m., if there would be open-door servicing going on. Mr. Enright indicated that business would likely continue up until closing time. Commissioner Holtgreive questioned whether there would be horns honking to get into the service bays. Mr. Enright indicated this would not be an issue as they do not consider that an acceptable practice. Commissioner Lux asked if there would be any loading/unloading of used tires or deliveries after hours. Mr. Enright indicated the only activity that may take place after business hours would be mowing, etc. Chairman Orlik opened the Public Hearing: Roy Gunderson, 725 Kane Street, addressed the Board. Mr. Gunderson asked for clarification on hours of Operation. Staff stated hours would be as follows: Monday and Thursday, 8:00 a.m. – 8:00 p.m.; Tuesday, Wednesday and Friday, 8:00 a.m. – 6:00 p.m.; Saturday, 8:00 a.m. – 5:00 p.m. and closed on Sunday. Mr. Gunderson expressed some concern with the noise that may be generated and questioned if there would be trucks in and out of the site. There being no one else who wished to address the Board, the Public Hearing was closed. Chairman Orlik asked the applicant to address Mr. Gunderson’s question on trucks. Mr. Enright stated there would be no large truck servicing – just passenger cars/trucks; however there would be deliveries approximately once a week. Commissioner Holtgreive questioned the placement of the screening wall, stating he felt it would serve the purpose better to have the wall immediately south of the proposed parking row, with plantings on the south side of the wall to help buffer the residential areas. Board discussion: Commissioner Holtgreive reiterated his preference to have the wall located closer to the building with the vegetation on the south of the wall, indicating he feels this would not only be a better noise buffer, but would help hide the wall. Staff indicated the wall would be brick masonry and will be pleasing to look at. Commissioner Orlik reminded the Board that this is a conditional rezoning and the Board cannot address site issues at this time, however posed the question to the applicant if this


would be a significant issue. Mr. Enright indicated the vegetation inside the wall would be easier to maintain and it would provide a softer view from Pickard. He further stated that he had met with the neighbors directly south of the property and their only desire was to have a wall there. Commissioner Smith indicated he approved of the plan. Mr. Gunderson questioned whether the wall would extend to the north along the east side of the property. Mr. Enright indicated they could add that as a condition. Motion by Smith, support by Rautanen to recommend that the City Commission approve conditional rezoning ZC-10-03 from Christopher Enright Architects on behalf of Redbird of Mt. Pleasant and Barnes Development Company for the properties located at 1116 E. Pickard, 1202 E. Pickard and 802 N. Brown from C-3, General Business and R-3, Residential to C-3 General Business, in accordance with the Conditional Rezoning Agreement as amended by the applicant to include the extension of the masonry wall along the east property line between the south property line and the building. Approval of the Conditional Rezoning is recommended on the following basis: 1. The applicant has proposed a development that includes a building and site design of

high quality, durable building materials consistent with the intended character of Pickard Street and appropriate for maintaining the character of the adjoining neighborhood.

2. The applicant has proposed a brick masonry screening wall compatible with the design of the building that will help to minimize negative impacts of the commercial use on the adjoining neighborhood along the southern property line and extending around the corner along the east property line.

3. The applicant has offered operational conditions, relating to hours of operation,

exterior lighting, and outdoor storage that will help to minimize potential adverse impacts related to the proposed use.

Roll Call Vote: Ayes - 6; Nays - 0; Abstain – 1 (Kostrzewa). Motion carried.



FROM: KATHIE S. GRINZINGER, CITY MANAGER SUBJECT: SET A PUBLIC HEARING FOR SEPTEMBER 27, 2010, ON A PROPOSED ORDINANCE

AMENDMENT TO SECTIONS 154.081 (B) AND (C), AND SECTIONS 154.082 (B) AND (C), OF CHAPTER 154: ZONING ORDINANCES OF THE CODE OF ORDINANCES REGARDING RESIDENTIAL USES IN OFFICE DISTRICTS

Detailed in the attached memo from Jeff Gray, at their May 6 meeting, the Planning Commission reviewed the potential conversion of an office located on the southwest corner of University and Wisconsin to duplex use. Duplex and other uses allowed in the Residential and Multiple Residential districts are allowed by right in the OS-1, Office zoning district. Planning Commission approval is not required for the conversion under the current ordinance. Public comment received during at the May 6 meeting spurred action by the Planning Commission to review the current ordinance regarding OS-1 and OS-2 districts. According to Mr. Gray, the Planning Commission reviewed the matter over the next several months and has initiated the attached ordinance amendment. The amendment would allow the Planning Commission to exercise discretion in determining whether a duplex or multiple residential units are an appropriate transitional use in a particular location. OS-1 and OS-2 districts are commonly transitional districts between residential and commercial areas. Mr. Gray, in his May 27 memo to the Planning Commission, illustrates the proposed amendment to the OS-1, Office zoning district:

Commission Letter #115-10 August 23, 2010 Page 2 On August 5, 2010, the Planning Commission held a public hearing on the proposed amendment; no public comments were received. The Planning Commission has recommended that the City Commission approve the proposed ordinance amendment regarding residential uses in office districts. The action requested of the City Commission is to set a Public Hearing for September 27, 2010 to receive comments on the proposed amendment to sections 154.081(B) and (C), and sections 154.082 (B) and (C) of Chapter 154: Zoning Ordinances. KSG/ck Attachment

MEMORANDUM

TO: Kathie Grinzinger, City Manager Rich Morrison, Community Services Director FROM: Jeffrey M. Gray, AICP Director of Planning and Community Development DATE: August 18, 2010 SUBJECT: TC-10-01 – Residential Uses in Office Districts At their May 6th meeting, the Planning Commission heard public comments regarding the potential conversion of the office located on the southwest corner of University and Wisconsin to duplex use. Currently, duplex and other uses allowed in the Residential and Multiple Residential districts are allowed by right in the OS-1, Office zoning district. Under the current ordinance, Planning Commission approval is not required for the conversion. The Planning Commission reviewed the matter over the next several months and has initiated the attached ordinance amendment. If approved, all special uses in the R, Residential districts and all uses in the M-1, Multiple Residential district would require Special Use Permits in the OS-1 and OS-2 districts would require Special Use Permits. The OS-1 and OS-2 districts are commonly transition districts between residential areas and commercial areas. The amendment would allow the Planning Commission to exercise discretion in determining whether a duplex or multiple residential use is an appropriate transitional use in a particular location. Single family residential would remain a use by right in the office districts. The current regulation of office uses in the office districts would not be changed by the proposed amendments. Background materials that were considered by the Planning Commission in developing the proposed amendment are attached. The Planning Commission held a public hearing on the proposed amendment at their August 5th meeting. There were no public comments on the proposed change. The Planning Commission acted to recommend that the City Commission adopt the proposed amendment. Requested Action: The City Commission receive the Planning Commission recommendation and set a public hearing on the proposed amendment for September 27, 2010.

TC-10-01 – Residential Uses in Office Districts August 18, 2010 Page 2 of 2 Attachments: 1. Draft Ordinance 2. Planning Commission background materials 3. Minutes of the May 6th Planning Commission meeting 4. Draft excerpt of minutes of the August 5th Planning Commission meeting

of 3

ORDINANCE NO. ________ AN ORDINANCE TO AMEND SECTIONS 154.081(B) AND (C), “OS-1 OFFICE SERVICE DISTRICTS,” AND SECTIONS 154.082(B) AND (C), “OS-2 OFFICE SERVICE DISTRICTS,” OF CHAPTER 154: ZONING ORDINANCES OF THE CODE OF ORDINANCES OF THE CITY OF MT. PLEASANT. IT IS HEREBY ORDAINED BY THE PEOPLE OF THE CITY OF MT. PLEASANT: THAT CHAPTER 154: ZONING ORDINANCES, IS HEREBY AMENDED AS FOLLOWS: § 154.081 OS-1 OFFICE SERVICE DISTRICTS. § 154.081(B) and (C): (B) Principal uses permitted. In an office service district buildings and land shall be used

for one or more of the following specified uses unless otherwise provided for in this chapter:

(1) All principal uses permitted and as regulated in the R Residential Districts.

(2) Executive, administrative, professional, accounting, writing, clerical, stenographic and drafting office buildings.

(3) Medical and dental office, not including industrial clinic emergency room services.

(4) Banks, credit unions and savings and loan associations with drive-in facilities as an accessory use only.

(5) Offices of non-profit professional, civic and religious organizations.

(6) Other uses similar to the above uses.

(7) Accessory structures and uses customarily incidental to the above permitted uses.

(C) Principal uses permitted subject to special use permits. The following special uses shall

be permitted, subject to the conditions imposed for each use and subject further to the review and approval of the Planning Commission:

(1) All principal uses permitted subject to special use permits in the R Residential Districts and all uses permitted in the M-1 Multiple Family Residential Districts, subject to the regulations of the respective districts.

(2) Specialized retail activities such as a pharmacy or apothecary shop, corrective garments, optical, prosthesis, provided the following conditions are met:

of 3

(a) Any such use shall be accessory to a permitted use and located within the same building.

(b) The floor space set aside for the interior display and sale of such merchandise shall not exceed 25% of the usable floor area of the building.

(3) Mortuary establishments, including a caretaker's residence, provided the following conditions are met:

(a) Adequate vehicular assembly area for a funeral procession shall be provided off-street in addition to required off-street parking.

(b) The service and loading area shall be screened from adjacent residential areas.

(c) The minimum site size shall be two acres.

(d) All structures on the property shall be set back at least 40 feet from all lots lines.

(e) All drives shall be on streets designated as collectors, minor arteries or primary arteries according to the Mt. Pleasant Master Plans.

(4) Business schools and schools of specialized education such as but not limited to music, art, dance, photography, and schools consistent with an Office Service District.

§ 154.082 OS-2 OFFICE SERVICE DISTRICTS. § 154.082 (B) and (C): (B) Principal uses permitted. In an office service district buildings and land shall be used

for one or more of the following specified uses unless otherwise provided for in this chapter:

(1) All principal uses permitted and as regulated in the R Residential Districts. (C) Principal uses permitted subject to special use permits. The following special uses shall

be permitted, subject to the conditions imposed for each use, and subject further to the review and approval of the Planning Commission:


(2) Specialized retail activities such as optical shops or businesses selling corrective garments or prostheses, provided the following the conditions are met:


of 3


(3) Executive, administrative, professional, accounting, writing, clerical, stenographic, and drafting buildings.





(8) Municipal buildings, including City Halls, Police and Fire Halls, and administration buildings.

This Ordinance shall take effect thirty (30) days after its final passage by the City

Commission of the City of Mt. Pleasant.

Introduced and read the _____ day of __________, 2010.

Passed, ordained and ordered published this ____ day of __________, 2010.

MEMORANDUM

TO: Planning Commission

FROM: Jeffrey M. Gray, AICP .2YV Director of Planning and Community Development

DATE: July 28, 20 I 0

SUBJECT: TC-I 0-0 1 - Residential Uses in the OS-I and OS-2 Office Service Zoning Districts

The Planning Commission has previously reviewed ordinance language related to residential uses in the OS-I and OS-2 Office Service districts. The proposed Zoning Ordinance amendment is described in the attached memorandum dated June 24, 2010.

As requested by the Planning Commission, staff has prepared an ordinance that reflects the proposed language and provided notice in the newspaper of a public bearing regarding the proposed amendment, as required by law.

The Planning Commission may make changes to the proposed amendment prior to taking action on it, based on discussion at the meeting andlor comments received at the public hearing. The Planning Commission action on the text change will be a recommendation to the City Commission regarding the proposed amendment. The City Commission will likewise hold a public hearing prior to taking final action on the amendment.

RECOMMENDED ACTION:

The Planning Commission recommend that the City Commission approve Text Change to-01 regarding residential nses in the 08-1 and 08-2 Office Service zoning districts.

Attachments: l. Ordinance Amendment 2. June 24 staff memorandum with attachments

ORDINANCE NO. __ _

AN ORDINANCE TO AMEND SECTIONS 154.081(B) AND (C), "0S-1 OFFICE SERVICE DISTRICTS," AND SECTIONS 154.082(B) AND (C), "05-2 OFFICE SERVICE DISTRICTS," OF CHAPTER 154: ZONING ORDINANCES OF THE CODE OF ORDINANCES OF THE CITY OF MT. PLEASANT.

IT IS HEREBY ORDAINED BY THE PEOPLE OF THE CITY OF MT. PLEASANT:

THAT CHAPTER 154: ZONING ORDINANCES, IS HEREBY AMENDED AS FOLLOWS:

§ 154.081 OS-l OFFICE SERVICE DISTRICTS.

§ 154.081(B) and (C):

(B) Principal uses permitted. In an office service district buildings and land shall be used for one or more of the following specified uses unless otherwise provided for in this chapter:


(2) Executive, administrative, professional, accounting, writing, clerical, stenographic and drafting office buildings.






(C) Principal uses permitted subject to special use permits. The following special uses shall be permitted, subject to the conditions imposed for each use and subject further to the review and approval of the Planning Commission:


(2) Specialized retail activities such as a pharmacy or apothecary shop, corrective garments, optical, prosthesis, provided the following conditions are met:

Pagel of 3



(3) Mortuary establishments, including a caretaker's residence, provided the following conditions are met:


(b) The service and loading area shall be screened from adjacent residential areas.




(4) Business schools and schools of speCialized education such as but not limited to music, art, dance, photography, and schools consistent with an Office Service District.

§ 154.082 OS-2 OFFICE SERVICE DISTRICTS.

§ 154082 (B) and (C):

(B) Principal uses permitted. In an office service district buildings and land shall be used for one or more of the following specified uses unless otherwise provided for in this chapter:


(C) Principal uses permitted subject to special use permits. The following special uses shall be permitted, subject to the conditions imposed for each use, and subject further to the review and approval of the Planning Commission:


(2) Specialized retail activities such as optical shops or businesses selling corrective garments or prostheses, provided the following the conditions are met:


Page 2 of 3







(8) Municipal buildings, including City Halls, Police and Fire Halls, and administration buildings.

This Ordinance shall take effect thirty (30) days after its final passage by the City Commission of the City of Mt. Pleasant.

Introduced and read the __ day of ___ ~, 2010.

Passed, ordained and ordered published this _ _ day of ____ ~, 2010.

Page 3 of 3

MEMORANDUM


FROM: Jeffrey M. Gray, AICP ~ Director of Planning and Community Development

DATE: June 24, 20 I 0

SUBJECT: Text Change 10-0 I - Residential Uses in Office Service Districts

At the May regular meeting, the Planning Commission discussed options fo r amending the OS-I zoning district to address regulation of single and multiple family res idential uses. The backb'TOund materials from last month ' s meeting are attached.

Fo llowing discussion, it was the consensus of the Planning Commission that the district shou ld be amended under the "Special Use Permit option," with all single fami ly specia l uses and all multiple family uses requiring a Special Use Pennit in the OS-I district. Single family uses by right would continue to be permitted by right in the OS- I district.

Staff has prepared ordinance language that wou ld accomplish the proposed amendment. Deletions are shown with strikeout text (e),a"'J3le) and additions are shown in all caps (EXAMPLE).

In preparing the language staff also reviewed the OS-2 district, wh ich we did not specifically discuss at the previous meeting. Like OS-I , the OS-2 district is often used in locations as a transition between residential uses and more intensive commercial uses.

The Planning Commission may want to consider whether a similar amendment is warranted in the OS-2 district to maintain a similar treatment of residential uses in the two office districts. The attached draft language shows how this amendment would read if the Commission feels it is warranted.

RECOMMENDED ACTION:

Discuss the proposed amendments to the OS-l and OS-2 districts and modify as the Commission deems warranted. Set a public hearing for the August 5, 2010 regular meeting on the proposed amendment.

Attachments: I. Draft Ordinance Language 2. Staff memorandum dated May 27, 20 I 0

Proposed Text Change (TC-I0-0l) Residential Uses in the OS-1 and OS-2 Zoning Districts


§ 154.08 1 (B) and (C):

(B)Principal uses permilled In an office serv ice district buildings and land shall be used for one or more of the following specified uses unless otherwise provided for in thi s chapter:

(I) All Hses as ~ermittea PRINCIPAL USES PERMITTED and AS regulated in the M I aAa aajaeeHt R Residential DistrictS, as well as Ihe He){1 less FeslFietea R aislFiet.

(2) Executive, adm inistrative, professional, accounting, writing, clerical , stenographic and drafting office buildings.




(6) Other uses sim ilar to the above uses.


(C) Principal uses permilled subjec//o special use permits. The following special uses shall be permitted, subject to the conditions imposed for each use and subject further to the review and approval of the Planning Commission:

(I) ALL PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL USE PERMITS IN THE R RESIDENTIAL DISTRICTS AND ALL USES PERMITTED IN THE M-I MULTIPLE FAMILY RESIDENTIAL DISTRICTS, SUBJECT TO THE REGULATIONS OF THE RESPECTIVE DISTRICTS.

(+2) Specialized retail activities such as a pharmacy or apothecary shop, corrective garments, optical, prosthesis, provided the following conditions are met:



(;1,3) Mortuary establishments, including a caretaker's residence, provided the following conditions are met:


(b) The service and load ing area shall be screened from adjacent residential areas.




Text Change TC-I 0-0 I Page 2 of2

('>4) Business schools and schools of specialized education such as but not limited to music, art, dance, photography, and schools consi stent with an Office Service District.


§ 154.082 (B) and (C):

(B) Principal uses permitted. In an office service district buildings and land shall be used for one or more of the fo llowing specified uses unless otherwise provided for in thi s chapter:

(I) All uses as ~ermitted PRINCIPAL USES PE RMITTED and AS regulated in the aGjaeeHI R Residential DistrictS, as well as IAe He,,1 less restrieted R distriet.

(C) Principal uses permitted subjecL La special use permiLs. The following special uses shall be permitted, subj ect to the conditions imposed for each use, and subject further to the review and approval of the Planning Commission:

( I) All uses as ~ermitted aHd regulated iA tile M I Distriel. ALL PRINCIPAL US ES PERMITTED SUBJECT TO SPEC IAL USE PERMITS IN THE R RESIDENTIAL DISTRICTS AND ALL USES PERMITTED IN THE M- I MULTIP LE FAMILY RESIDENTIAL OlSTRJCTS, SUBJECT TO THE REGULATIONS OF THE RESPECTIVE OlSTRICTS.

(2) Specialized reta il activities such as optical shops or businesses selling corrective garments or prostheses, provided the following the conditions are met:


(b) The fl oor space set aside for the interior display and sale of such merchandi se shall not exceed 25% of the usable floor area of the building.



(5) Offices of non-profi t professional , civic and religious organizations.

(6) Other uses similar to the above uses .


(8) Municipal buildings, including City Halls, Pol ice and Fire I-Iall s, and adm in istration buildings.

MEMORANDUM


FROM: Jeffrey M. Gray, AICP Director of Planning and Community Development

DATE: May 27, 2010

SUBJECT: OS- I, Office Service Zoning District Land Uses

Following public comments at the May 5'" meeting regarding the conversion of the property located at 400/402 S. University to duplex use, the Planning Commission directed staff to prepare a report regarding the uses allowed in the OS-I, Oftice Service zoning distr ict.

Staff has attempted to visually illustrate the uses allowed in the OS- I district in the attached schematic.

The Zoning Ordinance uses a pretty conventional hierarchy of zoning districts, where the OS- I (office) district is regarded as a higher intensity district than the R (single family residential) districts or the M-I (multiple family residential) district. All orthe uses allowed in the R or M-I districts are allowed by right in OS-I whether or not a Special Use Permit would normally be required in the R or M-I district.

To use the duplex as an example, it was allowed by right (without need for a site plan review) in the OS-I district, where it would have been required to obtain a Special Use Permit in the adjacent R district. Of course, uses that are subject to a Special Use Permit are subject to a discretionary review by the Planning Commission to determine whether the use is appropriate in the particular location.

The first option that the Planning Commission could consider is to require R special uses to also obtain a Special Use Permit in the OS-I district. This option is illustrated in the second attachment. If the Commission is inclined to consider this option, it would also be advisable to consider requiring all M-I uses to also obtain a Special Use Permit.

I f a duplex would be subject to an SUP, it seems that we would also want to require the more intensive 3-unit apartment that is allowed in the M-l district to also obtain an SUP. This would allow all of these residential uses proposed in an office district to be reviewed on a case-by-case basis for their appropriateness.

Another option would be to simply delete the Rand M-I uses (either the uses by right, the special uses, or both) from the OS-I district entirely. While this option may be desirable for some areas of the City, it may not in some others, such as where the OS-I district abuts Mission Street commercial.

OS-I District Uses May 27, 20JO Page 2 of2

Jfthe Commission is inclined to consider deleting some or all of the residential uses from the OS-I district, staff would recommend that some consideration be given to retaining at least one family residences in the district to preserve the ability to have mixed use office and residential buildings.

The last option would be to make no changes to the current Zoning Ordinance.

There may be other options or variations on these options that are worth discuss ing and considering, but these seem to capture the basic choices. Staffwill be glad to discuss the pros and cons of these in greater detail at the meeting.

RECOMMENDA nON:

Discussion.

Existing Zoning

OS-1, Office Service Zoning District

Principal Uses Permitted (Uses by Right) Subject to a Special Use Permit • All Rand M-I uses • Speciali zed reta il act ivities accessory • Executive. admini strative. and similar to an office use - offices • Mortuary estab lishments

• Medical and dental offices • Business schools and specialized

• Banks, credit unions, sav ings and education schools loans

• Non-profit, civic, and re ligious organ izations

• Similar uses to the above

• Customary incidental accessory uses

R, Resid ential Zoning Districts M·1, Multiple Family Residential Zoning District

Uses by Right • One-family dwellings • Public, private, and parochi

schools • Public libraries, parks, and

recreational fac ilities • Home occupations (home b

business) • Swimming pools as an acce • Foster fam ily home

,1

,sed

ssory

Subject to a Specia l Use Permit

• Convalescent homes

• Hospitals

• Ch urches

• Group day care home

• Ch i Id care center

• Foster family group home

• Home occupations with employees

• Bed and Breakfast • Customarily incidental accessory I. Two-family dwellings (duplexes)

bu il d ings

Uses by Right Subject to a Special Use

• All Ruses Permit

• Multiple Family • Housing for the elderly Dwell ings (3 or more • Convalescent homes units) • Churches

• Customarily incidental • Customarily incidental accessory buildings accessory bu ildings

• Mobi Ie home parks

Special Use Permit Option

OS-1, Office Service Zoning District

Principal Uses Permitted (Uses by Right) Subject to a Special Use Permit • All by right Ruses • All M-I uses • Executive, administrative, and similar. All R soecial uses

offices Specialized retai l activit ies accessory ...

• • Medical and dental offices to an office use

• Banks, credit unions, savings and • Mortuary establishments loans • Business schools and specialized

• Non-profit, civic, and religious education schools organ izations


• Customary inc idental accessory uses

R, Residential Zoning Districts M-1, Multiple Family Residen tial Zoning District

lect to a Special Use Uses by Right Subject to a Special Use Permit

• One-fami ly dwell ings • Convalescent homes

• Pub lic, private, and paroch ia l • Hospitals schools • Churches

• Pub lic libraries, parks, and • Group day care home recreational facilities • Child care center

• Home occupations (home based • Foster fami ly group home business) • Home occupations with

• Swimming pools as an accessory employees

• Foster fam ily home • Bed and Breakfast

• Customarily incidental accessory • Two-family dwellings (duplexes) bui ldings

~ Uses by Right

• All Ruses

• Multiple Fami ly Dwell ings (3 or more units)

• Customarily incidental accessory buildings

Sub Pen __ nit

• • • •

•

Housing for the elderly Convalescent homes Churches Customarily incidental ccessory buildings

Mobi le home parks

Delete Rand M-I Uses Option

05-1, Office Service Zoning District

Princigal Uses Permitted (Uses b)' Right) Subject to a Sgecial Use Permit

• Executive, administrative, and similar • Specia lized retail activities accessory offices to an office use

• Medical and dental offices • Mortuary establishments

• Banks, credit unions, savings and • Business schools and specialized loans education schools

• Non-profit, civic, and religious organizations


• Customary incidental accessory uses

DRAFT Excerpt Mt. Pleasant Planning Commission

Minutes of Regular Meeting August 5, 2010


Present: Brockman, Holtgreive, Kostrzewa, Lux, Orlik (Chair), Rautanen, Smith (Vice-Chair).

Absent: Robinette, with one vacancy.

Staff: Gray, Murphy. V. Public Hearings:

C. TC-10-01 – Residential Uses in the OS-1 and OS-2 Office Service Districts.

Staff presented the proposed Zoning Ordinance language prepared following Board discussion at the July meeting. The proposed change amends the OS-1 and OS-2 districts under the Special Use Permit option, with all single family special uses and all multiple-family uses requiring a Special Use Permit in the OS Districts. Commissioner Rautenan stated he feels this is the direction we want to go. Chairman Orlik opened the public hearing. There being no one who wished to address the Board, the public hearing was closed. Chairman Orlik stated he feels the proposed change brings more focus on what we want in the OS-1 and OS-2 Districts. Commissioner Smith commended staff for his promptness in preparing the proposed text. Commissioner Lux had questions regarding the language on educational facilities. Staff stated that the ordinance language addressing educational facilities is the same. Motion by Rautanen, support by Holtgreive, to recommend that the City Commission approve Text Change 10-01 regarding residential uses in the OS-1 and OS-2 Office Service zoning districts. Motion approved.

Excerpt Mt. Pleasant Planning Commission

Minutes of Regular Meeting May 6, 2010


Present: English, Holtgreive, Kostrzewa, Lux, Orlik (Chair), Rautanen, Smith (Vice-Chair)

Absent: Brockman – excused; Robinette.

Staff: Gray, Ridley, Murphy.

V. Public Comments:

Chairman Orlik opened the public comments portion of the meeting. Sherman Rowley, director of the funeral home north of 400/402 S. University, spoke in opposition of another rental in the area. Mr. Rowley had letters from 17 of the neighbors in the area, who were also opposed. Mr. Rowley expressed concerns over the lack of maintenance on the property as well as the difficulty in regulating the occupancy. He was concerned with the effect the rental could have on the neighboring funeral home business. Mariana Quick, 404 S. University, voiced opposition to another rental in the area, noting two of her main concerns as noise and property maintenance. Ms. Quick stated that the owners of 402 S. University were not residents of the area, therefore for them it is a business, where for the residents, it is their home. Ms. Quick shared some pictures of homes in the area, comparing the condition of the owner occupied homes with those that are student rentals. Jim Smolko, 406 S. University, voiced opposition to a duplex in this location and reiterated Ms. Quick’s concerns. Geoffrey Quick, 404 S. University, spoke in opposition to a duplex at 400/402 S University. Mr. Quick stated he was shocked to learn that duplexes were allowed in the OS-1 district as a use by right and asked that the Planning Commission take a look at the ordinance. Mr. Quick stated that a duplex in this location would adversely impact the value of neighboring properties and would adversely impact the neighbors’ enjoyment and quality of life. Mr. Quick stated that Mt. Pleasant has a history of rental properties not being maintained. He further stated that with the property having no back yard, it would be difficult to attract families and fears this will turn into a student rental. Mr. Quick also referred to the City’s Owner Occupied Residential Incentive Program and suggested that the ordinance goes against what the city is trying to promote with this program. Elaine Betts, 413 S. University voiced opposition to a duplex in this location, voicing concerns with the declining neighborhood, noise and vandalism. Ms. Betts stated that just because the owners were not successful in renting the property as office space, it should not mean that the neighborhood has to suffer. She further questioned how to get the ordinance changed.

Mt. Pleasant Planning Commission Minutes May 6, 2010 Page 2 of 2

Scott Owen, 417 S. University, voiced opposition to another rental in the area. Mr. Owen stated he understands that the owners are good people, and want good renters; however, he stated the reality is they need to pay the mortgage and fears that this means they will end up renting to students if they can’t find families who wish to rent the property. He too questioned what the public could do to get the ordinance changed. There being no one else who wished to speak, Chairman Orlik closed the public comments section of the meeting.



FROM: KATHIE S. GRINZINGER, CITY MANAGER SUBJECT: CONSIDER AN EASEMENT AMENDMENT WITH HUNTER REALTY FOR THE PROPERTY

LOCATED AT 2000 S. MISSION The Planning Commission recently granted site plan approval to allow Hunter Realty, owners of O’Kelly’s Sports Bar and Grill located at 2000 S. Mission, to expand their existing patio. During review, it was discovered that the addition would impinge on an existing utility easement and would be in close proximity to an underground sanitary sewer main. The Planning Commission approved the addition, with the condition that Hunter Realty enters into an agreement regarding the placement of the patio in the easement. The City Attorney, with input from DPW Staff and feedback from Hunter Realty, has drafted the attached easement amendment, allowing for the construction of the patio in the easement area. Should excavation be required within the easement in the area of the patio, under the terms of the easement amendment, the cost of repair to the patio would be the responsibility of the property owners, Hunter Realty. Hunter Realty has reviewed the easement amendment and is comfortable with its language. It is recommended that the City Commission approve the easement amendment with Hunter Realty and authorize the Mayor and Clerk to execute the same. ck Attachment

MEMORANDUM

TO: Kathie Grinzinger, City Manager Rich Morrison, Community Services Director FROM: Jeffrey M. Gray, AICP Director of Planning and Community Development DATE: August 18, 2010 SUBJECT: Easement Amendment – O’Kelly’s Patio Addition The Planning Commission recently granted site plan approval to allow O’Kelly’s Sports Bar and Grill, located at 2000 S. Mission, on the southwest corner of Mission and Broomfield, to expand their existing outdoor patio by approximately 1,000 square feet. During the course of the review, it was discovered that the proposed addition would encroach into an existing utility easement and would be in close proximity to an underground sanitary sewer main. The Planning Commission approved the addition with the condition that the applicant enter into an agreement regarding the placement of the patio in the easement. They required that the agreement be in a form acceptable to the City Attorney. The City Attorney has drafted the attached easement amendment with input from the DPW staff and feedback from the Hunter’s, owners of O’Kelly’s. The amendment would allow the patio to be built in the easement area. The area of the proposed patio addition is currently a parking area, hard surfaced with asphalt. Under the terms of the easement amendment, if excavation is required within the easement in the area of the patio, the costs of restoration of the patio would be the responsibility of the property owner (the Hunters). This would keep the City’s costs for restoration comparable to the current conditions. The Hunters have reviewed the easement and are comfortable with its language. Although other easements offered by a property owner often do not require action by the City Commission for acceptance, it is the advice of the City Attorney that an amendment to an existing easement should be approved by all parties to the easement. Requested Action: The City Commission approve the easement amendment with Hunter Realty for the property located at 2000 S. Mission Street and authorize the Mayor and Clerk to execute the same. Attachment: 1. Proposed Easement Amendment

This Easement Amendment is made as of , 2010, between the City of Mount Pleasant, a Michigan municipal corporation, whose principal business address is 320 West Broadway, Mount Pleasant, MI 48858 (the “City”) and Hunter Realty, Inc., a Michigan corporation, whose principal business address is 500 East Meadowbrook Road, Mount Pleasant, MI 48858 (

EASEMENT AMENDMENT

“Hunter Realty”).

A. Hunter Realty owns O’Kelly’s Sports Bar and Grill at 2000 South Mission Street in the City (“O’Kelly’s”), and wishes to add on to its existing patio (the “Patio Addition”), a part of which would lie over the City’s sanitary sewer system located within the public utility easement crossing 2000 South Mission Street, as dedicated by the Isabella County Circuit Court in File No. 77-007406 CE and File No. 83-1583-CZ, recorded at Liber , Page , Isabella County Register of Deeds (the “Easement”).

RECITALS

B. The City is amenable to accommodating Hunter Realty’s request under the following terms.

In exchange for the consideration in and referred to by the Agreement, the parties agree as follows:


1. Easement Amendment

2.

. The Easement is modified to accommodate the construction, installation, use, operation, maintenance and repair of the Patio Addition, pursuant to plans and specifications reviewed and approved by the City, as described and depicted on the attached Exhibit A (the “Easement Area”). All other terms and conditions of the Easement shall remain in effect.

Requirements

(a) Any and all costs the City incurs in exercising its Easement rights, duties or obligations due to the presence of the Patio Addition in the Easement Area shall be borne solely by Hunter Realty, including, but not limited to, costs associated with the removal, repair, reconstruction, shoring or bracing of the Patio Addition.

.

(b) The City may enter the Easement Area at anytime to perform emergency repairs, inspections or maintenance to its sanitary sewer system, as determined by the City in its sole discretion. The City may remove the Patio Addition to perform such emergency repairs, inspections or maintenance. Hunter Realty shall be solely responsible for all costs associated with the City’s removal of the Patio Addition.

(c) Except as provided in subsection (b) above, before exercising rights under the Easement, the City shall contact Hunter Realty to allow Hunter Realty a reasonable opportunity to remove the Patio Addition.

3. Indemnification. Hunter Realty shall hold the City harmless from any and all claims, causes of action, damages, awards, judgments for any damage to property, and/or injury to any person which may arise out of any construction, installation, use, operation, maintenance or repair of the Patio Addition within the Easement Area by Hunter Realty, its agents, employees, representatives, contractors, patrons,

invitees, successors or assigns and for any damage to the Patio Addition resulting from the City’s exercise of its rights under the Easement as modified by this Easement Amendment.

4. Binding Effect. The rights, obligations and covenants contained in this Easement Amendment shall run with the land and shall be binding upon the City and Hunter Realty’s successors, grantees and assigns.

The parties have caused this Easement Amendment to be signed as of the date first above written.

CITY OF MOUNT PLEASANT By: James Holton, Mayor By: Jeremy Howard, Clerk

STATE OF MICHIGAN COUNTY OF ISABELLA This document was acknowledged before me on _________, 2010, by James Holton, Mayor, and by Jeremy Howard, City Clerk, of the City of Mount Pleasant, who are both personally known to me, on its behalf. * Notary Public, _________ County, Michigan Acting in Isabella County, Michigan My commission expires:

HUNTER REALTY, INC. By: Cheryl Hunter, President

STATE OF MICHIGAN COUNTY OF ISABELLA On _________, 2010, Cheryl Hunter, President of Hunter Realty, Inc., who is either personally known to me or who produced a drivers license as identification, signed this document in my presence. * Notary Public, _________ County, Michigan Acting in Isabella County, Michigan My commission expires:

Prepared by: Scott G. Smith Clark Hill PLC 200 Ottawa NW, Ste 500 Grand Rapids, MI 49503

When recorded, please return to: Jeremy Howard City Clerk City of Mount Pleasant 320 West Broadway Mount Pleasant, MI 48858

6635254.2 26426/121489

08/19/2010 CHECK REGISTER FOR CITY OF MT PLEASANT CHECK DATE FROM 08/06/2010 - 08/19/2010

Check Date Bank Vendor Vendor Name Description Amount

Bank COMM COMMON CASH08/11/2010 COMM CITTRE CITY TREASURER MT. PLEASANT ANSWERING SERVICE TAXES 1,183.0108/11/2010 COMM MPANSW MT PLEASANT ANSWERING SERVICE REPLACE CHECK #011662 926.9908/19/2010 COMM ABCFAS ABC FASTENER GROUP, INC SUPPLIES 89.9908/19/2010 COMM AIRGRE AIRGAS GREAT LAKES ACETYLENE/ARGON/OXYGEN 17.8008/19/2010 COMM AKTPEE AKT PEERLESS ENVIRONMENTAL ENERGY EFFICIENCY/CONSERV STRATEGY 4,078.7508/19/2010 COMM ALLWAS ALLIED WASTE SERVICES - #240 CURRENT CHARGES 19,467.1108/19/2010 COMM ARRUNI ARROW UNIFORM RENTAL CURRENT CHGS/FEES 26.9408/19/2010 COMM ASPTRE ASPLUNDH TREE EXPERT CO. CHIPPING CREW 2,010.0008/19/2010 COMM AUTVAL AUTO VALUE/BUMPER TO BUMPER SHOP SUPPLIES 73.3308/19/2010 COMM BATPLU BATTERIES PLUS SUPPLIES 246.7508/19/2010 COMM BAYVAL BAY VALLEY OIL CAR WASHES 245.0008/19/2010 COMM BEAELE BEAVERTON ELECTRIC LLC INSTALL WATER PLANT OPTO CONTROL WIRE 944.3608/19/2010 COMM BECIRR BECHTEL IRRIGATION REPLACE BATTERY/SPRINKLER CONTROLLER 78.0008/19/2010 COMM WACBRA BRAD WACHLER EARLY BIRD ENROLLMENT/SS FOOTBALL 10.0008/19/2010 COMM BRIGHA BRIGHAM'S AUTO SUPPLY, INC BELT/BLADE/CAR WASH 616.1808/19/2010 COMM UBREFUND OLIVIERI, TODD UB refund for account: 111-12440-00 29.0208/19/2010 COMM UBREFUND PARTLO PROPERTY MGT UB refund for account: 104-62000-00 17.8008/19/2010 COMM UBREFUND JANES, DOUG UB refund for account: 235-16000-00 114.5808/19/2010 COMM BROMIL BROWN MILLING, INC POWERMAX 121.3008/19/2010 COMM BS&ASO BS&A SOFTWARE ANNUAL SERVICE/SUPPORT FEE 8/1/10-8/1/11 605.0008/19/2010 COMM BULGOL BULLSEYE GOLF FOUNDATION AFTER SCHOOL - MT PLEASANT 1,000.0008/19/2010 COMM C&CENT C & C ENTERPRISES, INC GLASSES 154.5008/19/2010 COMM C&OSPO C & O SPORTSWEAR SHIRTS 2,255.7008/19/2010 COMM MOOCAR CAROL MOODY CELL PHONE 40.0008/19/2010 COMM CARGAB CARRIER & GABLE, INC DRIVE RIVET/WASHERS 135.6708/19/2010 COMM MURCAR CARY T MURCH PURCHASES FOR YOUTH POLICE ACADEMY 200.0008/19/2010 COMM CRBUR CBC CREDIT SERVICES, INC. CURRENT CHGS 95.0008/19/2010 COMM CDWGOV CDW GOVERNMENT, INC APC BACKUPS 1,788.90

08/19/2010 COMM CENASP CENTRAL ASPHALT, INC TOP MIX 3,462.8308/19/2010 COMM CENCON CENTRAL CONCRETE SACK LS AE 2,792.1508/19/2010 COMM CENFIR CENTRAL FIRE PROTECTION ANNUAL SERVICE 1,370.0008/19/2010 COMM CENHOS CENTRAL MI COMM HOSPITAL DRUG SCREEN 198.0008/19/2010 COMM CENRAP CENTRAL MICH RAPID PRINT NEWSLETTER/COVER PAGE/INSERT 789.0008/19/2010 COMM CENCOM CENTRAL MICHIGAN COMMUNICATIONSFARMERS MARKET 1,379.0008/19/2010 COMM CMULES CENTRAL MICHIGAN UNIVERSITY CLIMBING WALL - 37 PARTICIPANTS 185.0008/19/2010 COMM CHACOM CHARTER COMMUNICATIONS CURRENT CHGS 5.4808/19/2010 COMM CHAMED CHARTER MEDIA STREET FESTIVAL 350.0008/19/2010 COMM EASLAN CITY OF EAST LANSING FAMILY AQUATIC CENTER 1,395.0008/19/2010 COMM CITTRE CITY TREASURER CURRENT WATER/SEWER 1,137.7008/19/2010 COMM CITRET CITY TREASURER-CONTR RETAINAGE REQUEST #1-2010 BELLOWS ST BACK-IN PKG 4,217.7508/19/2010 COMM CITP/R CITY TREASURER-PAYROLL FUND REG PAY + ELECTION WORKERS 254,218.9208/19/2010 COMM CLAHIL CLARK HILL P.L.C. CURRENT CHGS - JAMES JOHNSON JULY, 2010 19,532.5008/19/2010 COMM CMPDIS CMP DISTRIBUTORS, INC. SLING/MAGAZINE/CASE 477.8508/19/2010 COMM CONENE CONSUMERS ENERGY CURRENT CHGS 29,687.1508/19/2010 COMM COYNE COYNE OIL CORPORATION FUEL SUPPLIES 1,701.9908/19/2010 COMM CUMBRI CUMMINS BRIDGEWAY, LLC REPAIRS UNIT #417 2,017.9008/19/2010 COMM CURPRO CURTISS PRO HARDWARE #632635 SUPPLIES 115.7208/19/2010 COMM DENCON DENALI CONST & ENGINEERING INC REPOSITION WALL/CARPET 85.0008/19/2010 COMM DORSIG DORNBOS SIGN & SAFETY, INC. SIGNS 455.6508/19/2010 COMM DOUG'S DOUG'S SMALL ENGINE REPAIR 16 HP KAWASAKI W/40" TURBO FORCE 3,697.0808/19/2010 COMM DOWENT DOWNTOWN ENTERPRISES JULY 2010 INDUSTRIAL PARK NORTH 5,646.0008/19/2010 COMM DTEENE DTE ENERGY CURRENT CHGS 1,229.1208/19/2010 COMM EDMORE EDMORE ELECTRIC CO, INC RE-PROGRAM TIMER/LIGHTS/BROADWAY 75.0008/19/2010 COMM RICELI ELIZABETH RICHARDS SHELTER RENTAL 72.0008/19/2010 COMM ENVCHE ENVIRONMENTAL CHEMICAL ENTERPRIS PUNCH DEGREASER-CS-DZN/SANI-KLEEN CS-DZN 571.9108/19/2010 COMM VANERI ERIC VAN HEVEL MILEAGE 182.0008/19/2010 COMM ETNASU ETNA SUPPLY COMPANY PARTS - SUPPLIES 115.3008/19/2010 COMM FEDEXP FEDERAL EXPRESS SHIPPING 13.3408/19/2010 COMM FISTHO FISHBECK, THOMPSON, CARR & HUBER MP TANK SLAB ANALYSIS 606.0008/19/2010 COMM FROLIN FRONT LINE SERVICES, INC REPAIRS - PARTS 4,818.5508/19/2010 COMM FRONTIER FRONTIER CURRENT CHARGES 34.3008/19/2010 COMM FSCI FSCI SEMINAR PRESENTATION/SITE PLAN REVIEW 1,400.00

08/19/2010 COMM GAINDU GA INDUSTRIES, INC. GLAND 14-20 SWING CHECK CI FINISHED 198.1108/19/2010 COMM GILBOE GILBOE'S LOCK & SAFE LLC KEYS 35.5008/19/2010 COMM GILHAR GILL-ROY'S HARDWARE UTILITY BRUSHES 376.7008/19/2010 COMM GILHAR VOID 0.00 V08/19/2010 COMM GORFOO GORDON FOOD SERVICE SUPPLIES 554.3308/19/2010 COMM GRAING GRAINGER ROLL TOWEL 247.5908/19/2010 COMM GRESCE GREEN SCENE LANDSCAPING, INC. BELLOWS PROJECT 1,289.3508/19/2010 COMM GRETOW GREEN'S 24 HOUR TOWING TOWING 450.0008/19/2010 COMM WALGRE GREG WALTERHOUSE PUBLIC ADVOCACY - UNIV OF ILLINOIS 1,272.0308/19/2010 COMM HACHCO HACH COMPANY TUBES/TRYPTOSE 1X BROTH 85.5208/19/2010 COMM HOWALI HOWE'S ALIGNMENT & BRAKE SERVICE REPAIRS 961.3508/19/2010 COMM VISA ICCU - VISA CURRENT CHARGES 2,189.2908/19/2010 COMM IDEXX IDEXX DISTRIBUTION, INC. SUPPLIES 3,752.8308/19/2010 COMM ISCOSH ISABELLA CO SHERIFF DEPT YSU MONTHLY CHARGES 10,011.0308/19/2010 COMM ICTC ISABELLA CO TRANSP COMM TRANSPORTATION 503.0008/19/2010 COMM J&BMED J & B MEDICAL SUPPLY, INC. DEFIBRILLATOR PADS 106.9708/19/2010 COMM SHEKAT KATHLEEN SHEAHAN ZBA REQUEST FOR 610 E. ILLINOIS 250.0008/19/2010 COMM KENIND KENNEDY INDUSTRIES, INC FLYGT CP3085/CHATTERBOX DIALER/REPAIRS 6,767.0008/19/2010 COMM KOKOMO KOKOMO'S FAMILY FUN CENTER KID DAY GETAWAY 607.8008/19/2010 COMM KRAPOH KRAPOHL FORD LINCOLN MERC REPAIRS 284.1408/19/2010 COMM KROLINC KROLL BACKGROUND AMERICA, INC. BACKGROUND CHECKS 186.4008/19/2010 COMM LABELL LABELLE MANAGEMENT GIFT CERTIFICATES - SOFTBALL/SAND VOLLEY 1,700.0008/19/2010 COMM LAMEDW LAMBERT, EDWARDS & ASSOCIATES PROFESSIONAL SERVICES 4,973.6308/19/2010 COMM LANARC LANDSCAPE ARCHITECTS & PLANNERS INMT PLEASANT FACADE STUDY 1,320.0008/19/2010 COMM LANSAN LANSING SANITARY SUPPLY, INC. BUILDING SUPPLIES 1,348.9508/19/2010 COMM WYMLOU LOUISE WYMER PROJECT FRESH ID 061 24.0008/19/2010 COMM LYNCH LYNCH, GALLAGHER, LYNCH CURRENT CHARGES/RETAINER 24,169.1208/19/2010 COMM MACMET MACKAY METERS, INC. X-KEY 2M BIT/RATE PLATE W/DEDALGREATE IM 349.9908/19/2010 COMM MAEBRO MAEDER BROS, INC BARK/MULCH 112.5008/19/2010 COMM MALCON MALLEY CONSTRUCTION, INC. 2010 BELLOWS ST BACK-IN PARKING PROJECT 75,227.0008/19/2010 COMM FREMAR MARK FREED SUMMER DAYCAMPS SEC 3 & 4 240.0008/19/2010 COMM MC&E MC&E/ELECTION SOURCE PLASTIC & WIRE PADLOCK SEAL 13.4108/19/2010 COMM MCGSAN MCGUIRK SAND & GRAVEL BLACK DIRT/SCREENED 1,282.9008/19/2010 COMM MEDLER MEDLER ELECTRIC COMPANY FLUSH REC 10.21

08/19/2010 COMM SMITHM MICHELLE SMITH MILEAGE 30.5008/19/2010 COMM MICOFF MICHIGAN OFFICE SOLUTIONS MONTHLY CHARGES 76.0808/19/2010 COMM MIPIVA MICHIGAN PIPE & VALVE SIDEWALK WARNING PLATE 7,650.4708/19/2010 COMM MIDCAB MID MICHIGAN AREA CABLE FRANCHISE FEE 21,638.2108/19/2010 COMM MIDIND MID-MICHIGAN INDUSTRIES JANITORIAL 9,030.6208/19/2010 COMM MILSUP MILAN SUPPLY COMPANY T&C CASING - CUT INTO 7" LENGTHS 886.7208/19/2010 COMM MISLMB MISSION LUMBER & HOME CENTER TREATED LUMBER 208.9008/19/2010 COMM MORSTA MORNING STAR PUBLISHING CLASSIFIED ADS 223.8808/19/2010 COMM MPCHAM MT PLEASANT CHAMB OF COMMERCE DIRECT MAIL - MAY THRU DECEMBER 910.0008/19/2010 COMM MPRENT MT PLEASANT RENTAL CENTER, INC DUNK TANK 846.8808/19/2010 COMM MPTIRE MT PLEASANT TIRE SERVICE, INC OIL FILTER/SERVICE 1,059.5708/19/2010 COMM NYEUNI NYE UNIFORM COMPANY DEPT STOCK/BADGES 2,406.5108/19/2010 COMM NYEUNI VOID 0.00 V08/19/2010 COMM OFFDEP OFFICE DEPOT BLACK INK 45.3608/19/2010 COMM OFFMAX OFFICEMAX CONTRACT INC. COPY PAPER - MIDEAL 795.0008/19/2010 COMM OLSTIR OLSON TIRE SERVICE TUBE - MOUNT/DISMOUNT 212.0008/19/2010 COMM OPTSOL OPTO SOLUTIONS, INC. SNAP POWER SUPPLY 797.8108/19/2010 COMM PAPJOH PAPA JOHN'S PIZZA SUPPLIES 242.8908/19/2010 COMM PARLAB PARAGON LABORATORIES, INC. HALOACETIC ACIDS/DW VOC 700.0008/19/2010 COMM MCGPAT PAT MCGUIRK EXCAVATING, INC PERMIT #2175/802 S. MAIN STREET 400.0008/19/2010 COMM PICSTR PICKARD STREET CITGO FUEL 3,492.1608/19/2010 COMM PROCOM PRO COMM, INC INSTALLATIONS MOTOTRBO 531.1708/19/2010 COMM PSYBUS PSYBUS PROFESSIONAL EVALUATION 1,600.0008/19/2010 COMM QUILLC QUILL CORPORATION SUPPLIES 281.5608/19/2010 COMM QWEST QWEST CURRENT CHARGES 90.5708/19/2010 COMM KEERAN RANDY KEELER LEADERSHIP MGMT - SIENNA HEIGHTS 1,071.0008/19/2010 COMM ANTRIA RIAAN ANTHONY TRAVEL EXPENSES - INTERVIEW 375.3008/19/2010 COMM RIOSUP RIO SUPPLY MICHIGAN METER, INC. BETTERY CHARGER 1,225.6808/19/2010 COMM ROHGAS ROHR GASOLINE EQUIPMENT CHECK VALVE UNION 1-1/2" 400.8908/19/2010 COMM RTILAB RTI LABORATORIES, INC. LOW LEVEL MERCURY 455.0008/19/2010 COMM SHERWI SHERWIN WILLIAMS PAINT 290.9108/19/2010 COMM SHOEMA SHOEMAKER, INC SUPPLIES 126.2508/19/2010 COMM SHUEQU SHULTS EQUIPMENT, INC CARBIDE BLADES 4,408.3208/19/2010 COMM SOUBRA SOUTHWEST BRAKE-PARTS, INC AUTO SLACK/RING 402.28

08/19/2010 COMM SPADIS SPARTAN DISTRIBUTORS BLADE COMBINATION 19" 280.1208/19/2010 COMM STABUS STAPLES BUSINESS ADVANTAGE SUPPLIES 72.4708/19/2010 COMM STAPLE STAPLES CREDIT PLAN INK 143.9608/19/2010 COMM STBAYANET STATE OF MICHIGAN NORTH TEAM PERSONNEL EXPENSES 18,137.9908/19/2010 COMM HOFSTE STEVE HOFER MILEAGE 86.0008/19/2010 COMM JONSUE SUE JONES MILEAGE 23.0008/19/2010 COMM SYNCEN SYNAGRO CENTRAL BIOSOLIDS SAMPLE 370.0008/19/2010 COMM TANTRA TANNER TRACKING CURRENT CHARGES 430.0008/19/2010 COMM TEDFES TED FESTERLING LLC ELGIN GUTTER BROOM 4 SEC 867.6408/19/2010 COMM TERCYC TERRY'S CYCLE & SPORTS BIKE - EQUIPMENT - SUPPLIES 804.9808/19/2010 COMM ISACOR THE ISABELLA CORPORATION RIDGE/RUSSELL/BIRD ALLEY 97,524.6008/19/2010 COMM MACGRO THE MACOMB GROUP 14 SWING CHECK AWWA LUDLOW CREDIT 314.8208/19/2010 COMM MORSUN THE MORNING SUN SUBSCRIPTION - 4195 LINCOLN ROAD 36.0008/19/2010 COMM FORTHO THOMAS A. FORSBERG CELL PHONE REIMBURSEMENT 10.0008/19/2010 COMM MIDTIM TIMOTHY B. MIDDLETON AMERICAN GOVERNMENT - DELTA 813.6208/19/2010 COMM TARTOD TODD TARLTON AIRPORT OPERATONS MGMT SERVICES 854.1708/19/2010 COMM TRASUP TRACTOR SUPPLY PLAN EZ REACHER 73.9608/19/2010 COMM VERIZO VERIZON SELECT SERVICES, INC. ENABLED DIGITAL/ANALOG LINE CARDS 1,575.0008/19/2010 COMM VERWIR VERIZON WIRELESS CURRENT CHGS 79.2408/19/2010 COMM WALMAR WAL-MART COMMUNITY SUPPLIES 343.0808/19/2010 COMM WALLIV WALKABLE AND LIVABLE COMM INSTITUBELLOWS CONSTRUCTION PLANS 600.0008/19/2010 COMM WASTEM WASTE MANAGEMENT CURRENT CHGS 1,059.5508/19/2010 COMM WATMAR WATSON-MARLOW, INC. HOSE/LUBE 825.4908/19/2010 COMM WCFX WCFX-FM FARMERS MARKET 2,702.0008/19/2010 COMM MILLER WILLIAM A. MILLER PROJECT FRESH ID 053 298.0008/19/2010 COMM WILSTE WILSON STEEL-FAB & MACH, INC PARTS - SUPPLIES 59.8108/19/2010 COMM ZEEMED ZEE MEDICAL, INC CABINET SUPPLIES 132.00

COMM TOTAL of 155 Non-Void Checks: 712,937.51COMM TOTAL of 2 Void Checks: 0.00COMM TOTAL - 157 Checks: 712,937.51

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