EMMET COUNTY PLANNING COMMISSION REGULAR MEETING THURSDAY MAY 2,2019 7:30 PM EMMET COUNTY BUILDING COMMISSIONER'S ROOM 2OO DIVISION ST PETOSI(EY,Mr 49770

AGENDA I Call to Order and Attendance

II Minutes of April 4,2019

UI Cases CASBS FROM PREVIOUS MEETINGS

1. PPUDF 18-02 Crooked Lake Yacht Club, Planned Unit Development Amendment,3704 Oden Rd, Section 18, Littlefield Township - AMENDMENT OF CONDITIONS AFTER LEGAL REVIEW

2. PSPR 18-016 David Firman, SITE PLAN REVIEW - Amendment,3529 Howard Rd, Section 20, Bear Creek Township

3. PStlPl9-003 David Coveyou/Coveyou Scenic Farm, SPECIAL USE PERMIT - Accessory Farm Uses,4160 US 131 Hwy, Sections 19 &30, BearCreekTownship

NEW CASES 4. PSUPf 9-005 Ernest & Mike Spierling, SPECIAL USE PERMIT - Level III Resource Mining Operation, 6626 N US 3l Hwy, Section 35, Carp Lake Township 5. PPUD19-002 David McBride, PLANNED UNIT DEVELOPMENT - Amendment,7320 M-68 Hwy, Section I 1, Littlefield Township

6. PSPR19-001 Kristin & Phillip Schaner, SITE PLAN REVIEW - Amendment - Hotel, Motel, Motor Inn, 1256 Pirates Way, Section34,Bear Creek Township 7. PPuDl9-003 Ralph Dubey for Wolverine Interstate Properties, PUD-1 - Amendment, Professional Offices and other business uses, 347 Creekside Drive, Section 4, Bear Creek Township

8. PPTEXT19-O1 Emmet County Planning Commission, Text Amendment, Section 19.01, Footnote J; Front & Rear Yard setback

9. PPTEXT19-O2 Emmet County Planning Commission, Text Amendment, Sections 4.01, 5.01, 6.1, 7.01, 8.01 & 26.51; Wineries

10. PPTEXT19-03 Emmet County Planning Commission, Text Amendment, Section 22.07, Signs

11. PPTEXT19-O4 Emmet County Planning Commission, Text Amendment, Section 22.06, Outdoor Lighting

12. PPTEXT19-O5 Emmet County Planning Commission, Text Amendment, Section 27.09, Violations

Mublic Comments

V Other Business 1. Enforcement Report 2. Emmet County Resilient Master Plan2020

VI Adjournment EMMET COUNTY PLANNING COMMISSION REGULAR MEETING MINUTES THURSDAY APRIL 4, 2019, 7:30 P.M. EMMET COUNTY BUILDING 2OO DIVISION ST PETOSKEY, MI 49770

MEMBERS PRESENT: John Eby, Toni Drier, James Scott, David Laughbaum, James Kargol, Kelly Alexander, Tom Urman, Charles Maclnnis, (one vacant seat)

MEMBERS ABSENT: None

STAFF: Tammy Doernenburg, Monica Linehan

I Call to Order and Attendance Chairman Eby called the meeting to order at 7:30 p.m. All members were present. There is one open seat.

ll Minutes of March 14,2019 Alexander made a motion, seconded by Drier, to approve the minutes of the March 14,2019 meeting as presented. The motlon passed unanimously by voice vote of the members.

t Cases

1. Case PPUDFlS-02 Crooked LakeYachtClub, Planned Unit Development-Amendment, 3704 Oden Rd, Section 18, Littlefield Township

Legal Notice: A request by Crooked Lake Yacht Club for an Amendment to a Final Planned Unit Development and Site Plan Review for a proposed parking lot and boat slips at 3704 Oden Road in Section 18 of Littlefield Township. The propefty is zoned R-2 General Residentialwith a Planned Unit Developmenll Overlay (PUD-1) which ispadof the Windjammer PUD and istax parcel 24-07-17-18-451-018. The request B to allow a parking lot for additional boat slips and the review is per Afticle 17 of the Zoning Ordinance.

Packet ltems: Legal opinion letter from Bob Engel

Doernenburg noted that this is the second review of this case although it has been on our agenda since November 2018. The PUD was outlined and shown. The underlying zoning is R-2 and B-2. The existing conditions were shown. Six of the condos and the garages were built as per the original approval. The pilings and marina buildings were built as well as the dockage and parking. The aerial view was shown as well as the existing approved site plan and the proposed site plan. Doernenburg noted that the original plan included a public walkway in order to expand the density for the original plan. The current proposal does eliminate the pedestrian bridge. The access is existing. Last month this board requested Civil Counsel review on whether the zoning issues could be dealt with without all owners signing the PUD management plans. This has been received and in summary, Bob Engel, Civil Counsel, stated that the Planning Commission can make a condition that all property owners sign the agreement but that it is not a mandatory requirement since it only affects one owner of a PUD. The township has recommended approval with conditions including that all of the parties sign the agreement, and that MDOT and Fire Department approve, a sealed drainage plan, and a landscaping plan are received. The Fire Department and MDOT have approved the proposal. The Fire Department would like to see a water source in the NE section ofthe property for fire protection. A sealed drainage plan has been received; Doernenburg recommended requiring an as-built drainage plan. Landscaping is shown on the plan.

Emmet County Pla nning Commission o4/04/20L9 Page-1-of12 Patrice Carlson stated that they agree that the condo development has failed and they feel that this is the best practical use for them and the community. They are pleased with Civil Counsel's opinion and feel that the contractual issues between the parties are irrelevant to their zoning request. The review should be about the land use issues and not owner issues and they are hoping that they can get this resolved, get into their plans and move forward. The docks were always planned and they are now trying to get parking in. They are all looking to be neighborly, get this resolved, cleaned up, and safe.

Kurt Hoffman stated that the way he understood Civil Counsel's opinion is that this board could require an agreement. lt reads both ways. He bought into the PUD assuming he was protected and would be the only marina as the rest was zoned for residential use not marina use through the whole thing. lf just this portion is changed you change the whole PUD. lf there is not an agreement on how the whole property is used by all of the owners he doesn't feel like this should be allowed. This should be figured out between the owners first. Approving this will diminish the value of the marina. lt seemed to be a big deal in the past that this whole project maintains a public use. lf something happens to the marina, the public use becomes less and less. He doesn't feel the PUD should be amended. Carlson stated that she doesn't want to be stated that they are operating a marina, this is for yacht club use only and they don't want to compete with Windiammer. They will have dockage but they are not competing. Hoffman stated that it is not written down that this is how it will be used and this is what he is looking for.

Urman stated that they couldn't operate a marina without another amendment. Doernenburg stated that the use runs with the land. lf approved, a person could operate the docks and parking as a commercial operation.

Scott stated that they are asking for a commercial operation. When approved the owner planned to bulld out a certain amount. The owner sold part of this to a group that had no intention of following through with the existing plan. We can't force someone to do something that isn't financially viable.

Alexander asked what it is being used for if not a commercial venture. Carlson stated that it is not for the public and would be used by Crooked Lake Yacht Club and Crooked Lake Sailors only. Parking is critical in the summer as they have these uses plus the members can park there as well. They want to operate and function as a sailing group for the community. Alexander asked if the use is just for these groups, can't we write it in a motion that way to avoid the competition issues? Doernenburg stated that issues between the owners is very similar to a case in Bear Creek Township where a PUD was put in place that allowed for retail and two restaurants. Overtime due to changes and development, new ideas for a new restaurant came forward. This request was approved, buttheexisting restaurant owner sued the developer as they opposed the third restaurant. The developer prevailed in court in this case. Doernenburg stated that the applicant has said this will be used by private, membership based organizations. Alexander stated that he is concerned about the actual use and it seems that individuals were lead to believe that it would be a certain way. He would like to eliminate that concern within reason. Doernenburg stated that the applicant has offered some intent and this could be used when making a decision. lt is up to the applicant to appeal any conditions placed on a motion if they don't feel that they are accurate. Carlson stated thatthis istheway it currently operates. Thecondo owners have the ability to rent their slips outside of the marina now and there is the same right on the slips on this end of the development. Hoffman stated that he doesn't believe that to be true.

Maclnnis stated that he doesn't like adding conditions on the fly for fear that they create unintended consequences. He supports the request and it sounds like there is value in adding conditions but would feel more comfortable if they were written and reviewed by Civil Counsel. Eby stated that it could be stated generally in the motion on the condition that the Zoning Administrator and Civil Counsel review the language. Emmet County Planning Commission 04/04/2Ot9 PaBe-2-ofLz Maclnnis made a motion to approve PPUDFlS-02, Crooked Lake Yacht Club, for a Planned Unit Development Amendment and Site Plan Review, at 3704 Oden Rd, Section 18, Littlefield Township, for only tax parcel 24-07-17-18-451-018, as shown on the revised site plan and updated application packet dated Received JAN 25 2019 because the standards of Zoning Ordinance Articles 17 and 20 have been met. Approval is on condition that the drainage, access, and amenities be improved and that an as-built drainage plan be provided before the use begins and because Littlefield Township recommended approval. The approval is contingent upon the amended use being limited to use of Crooked Lake Yacht Club, Crooked Lake Sailors, or a successor membership based organization which is not open to the public and contingent upon the wording ofthe contingency being approved by the Zoning Administrator and Civil Counsel. The motion was supported by Alexander

Laughbaum asked how this is enforceable. He is against the motion as it is exclusive to a certain amount of people. We are supposed to allow PUDS when it is a better use of the land than current zoning. He knows things change buttherewas a concept originally. He can go along with the change but it is a departure from the original approval. Scott stated that the changes have already happened. He would be a lot happier if all owners were in agreement but it is not our job to be mediators. He is not particularly comfortable about the setup being pushed through but this case has been on our docket for way too long. Kargol stated that he felt after last month's meeting that the owners would talk and resolve their legal issues but nothing has changed. Eby stated that Civil Counsel has reviewed, and the decision is a land use issue, so it is back to us. We are to review the land use and it is not our job to resolve the other issues. The new conditions would help restrict future changes. Drier stated that Civil Counsel advised us not to try to interfere with the legal issues of the landowners in directing them as to what they need to do to settle their grievances outside of the zoning process. She stated that she feels that we have just done what he didn't want us to do. This is a very fine line. Scott stated that this motion protects the community at large instead of just one party. This requires it to be a defined area, a confined use-not open ended. He looks at this as a commercial marina and is not sure that they need this many more parking spaces that they didn't have to begin with. Alexander stated that his thought is that a person buys into something based on an assumption ofwhat is there and can be there. We change that and then let them duke it out or go to court? Can we cover these issues and help out now? Laughbaum stated that this is usually done in deed restrictions and outside of this board.

After the discussion, a vote was taken on the motion which passed on the following roll-call vote: Yes: Eby, Laughbaum, Urman, Kargol, Alexander, Maclnnis. No: Drier, Scott. Absent: none (one seat remains open).

2. Case PSPR 18-016 David Firman, SITE PLAN REVIEW - Amendment, 3529 Howard Rd, Section 20, Bear Creek Township

Legal Notice: A request by David Firman for a Site Plan Review - amendment to allow for outdoor storage accessory to the contractot's use on propefty located at 3529 Howard Road in Section 20 of Eear Creek Township. The propefty is zoned FF-1 Fam and Forest and is tax parcel 24-01-19-20-30G012. The request is per Sectlons 801-8 and 26.47 of the Zoning Ordinance.

Packet ltems: no new information

Doernenburg stated that she met with the applicant and they plan to have revised plans for the next meeting.

Emmet County Planning Commission 04/04/2079 Page-3-of12 3. Case PSUP 19-001 Ben Sackrider, SPECIAL USE PERMIT, Amendment to allow Concrete Batch Plant,4109 N US 31 Hwy, Section 10, McKinley Township

Legal notice: A request by Ben Sackider for an amendment to the Special Use Pemit to add concrete batch plant to the allowable uses at the existing resource extraction operation at 4109 N US 31 Hwy, Section 10, McKinley Township. The propefty is zoned FF-2 Fatm and Forest and SR Scenic Resource and is tax parcel 24- 10-10-1C30G003. The request istoamendthe Level lll Resource Mining, Extraction or Fill Pemit per Section 26.10 of the Zoning Ordinance.

Packet ltems: Request & location map, tax parcel map, application, impact statement, site plan review checklist, 3/11/19lefter and attached DEQ violation notices from Chris & Alice Mccardell, Level lll Permit from 1999, ECPC minutes from Case #22*98, 3/2A19 zoning evaluation, site plan

Drieradvisedthe boa rd that she would likethemto reviewa potential conflict of interest. Her Mother-in-law owns the property that they farm and this property was within the 300' notification boundaries for this case. Although not in her name she wanted to disclose this information to see if the board felt that this would be a conflict of interest. Maclnnis asked if she hasanyfinancialtransactionswith Mr. Sackrider. Drierstatedthat they sometimes use his weigh station for cattle but they pay for this. No one on the board felt that there was a conflict of interest.

Doernenburg presented this case beginning with a location map and an aerial map. The property is located along US 3l and is zoned FF-2 and 5R. The SR space is along the back of the property and remains in its natural state. lt is 40 acres in area. The original site plan was shown which was approved in 1999. The signed permit was included in the packet. This included an asphalt batch plant. The current proposal is to allow a concrete batch plant. No other changes to the current mining permit are proposed. The operation has been review over the years by enforcement officers. There have been some issues but they have been brought back into compliance. Thereisasmall area that they are still workingon. There are no changes proposedtolhe hours of operation. The proposed concrete batch plan would be at the same location as the asphalt batch plant. There was a letter of concern sent regarding air quality, noise, and groundwater concerns. Thiswasfrom the neighbor across the highway. Photos of the site were shown. The recommendation from the township was for approval. A letter ofsupport from Haggard's Plumbing and Heating was received. The site plan was shown.

Ben Sackrider stated that he thought that the option for a concrete batch plant was in the permit all these years. He went through the permitting process years ago with his partner. The County liked this use on this property as it was in a more industrial area than their property on Dekruif Road and they could avoid residential uses so close to the airport. Theytooka long time to get through several meetings and wanted to make suretheygot all of the uses into the permit. Theywereconsideringfutureairportexpansionpro.jectsandfiguredthiswould be a good location to use for that type of a pro.iect. The language wassupposedto say concrete orasphalt batch plants in the originalpermit. They haven't done anything to speak of on the property since 2014 and are in a reclaiming state now but for the future they want to have this option in the permit.

Scott asked what he means bytemporary useforthe concrete plant. Ebystatedthat it is portable. Sackrider explained that a contractor comes in to do a job, then tears down and leaves. This is the same with the asphalt batch plant. The best way to explain is that they can set up these portable batch plants in a much smaller area. There are no immediate plans for use but they would like to have that option in the future. Scott statedthatwe have always set up specific time frames for temporary uses. He doesn't believe itwas set upthatwayforthe asphaltonthis permit. Doernenburg stated that there are hours of operation but notatime limit. Eby stated that we have made other companies move to more industrial areas or rezone. Even though the applicant is saying that he plans to have this work the way he described we have to have language in place. Sackrider stated

Emmet County Planning commission 04/04/20L9 Page-4-of12 that they would never use a portable plant for a long-term project. Eby asked him to give a general idea of how long they would be in use for a project. Sackrider stated that he really can't as it depends on what the job is. He would like the option to allow for an extension if a job needed it past whatever time limit is set up. Scott stated that the season for asphalt isn't much longer than 3-4 months. Alexanderasked if wecan put parameters on time limits for the asphalt batch plant as well as the concrete as we are looking at the permit.

Eby opened the floor to public comment.

Randy Bricker asked why it has to be portable when the whole place is already zoned for that, they already have the asphalt batch plant. Eby stated that we are trying to guard against permanent use for other companies.

Doernenburg stated that she did discuss the DEQ violation letters with the applicant that were submitted by the neighbor. Sackrider explained that this has all been resolved this winter. He explained that when you have a wash plant, the debris all goes down and isn't emitted into the air. When crushed, it Boes into the air. He was sent a letter with a bill that they didn't agree with 4-5 years ago. They disputed it and have gone back and forth. He spent time with DEQ staff in Lansing to resolve the issue and paid the reduced fees that they came up with. All monitoring for 2018 is in compliance. This had nothing to do with the land use.

There was discussion on a proper time limit. Eby suggested six months and an allowance for the Zoning Administrator to grant an extension if requested that would not exceed one additional month.

Scott made a motion to approve Case # PSUP19-001, Ben Sackrider for Boben, LLC, for an amendment to the Special Use Permit for a Level lll Resource Mining operation located at 4109 N US 31 Hwy, Section 10, McKinley Township. The parcel is approximately 40 acres, zoned FF-2 Farm and Forest and is tax parcel number 24-10-10- 10-300-003 to allow a temporary, portable batch plant for asphalt or concrete in place ofthe previously permitted uses as shown on the site plan dated received Feb 5, 2019 because it meets the standards of the Zoning Ordinance, the township has recommended approval, and subject to the following additional conditions: the period of time on-site for either concrete or asphalt batch plants is limited to six months with the possibility of an extension for additional time to complete a proiect not to exceed 30 days as approved by the Zoning Administrator, applicant is to provide proof of compliance with federal and state air quality standards, the existing permit is to be modified only to add the use of a temporary concrete batch plant, the concrete batch plant location is to be in the area identified on the site plan as asphalt batch plant, and the SUP becomes valid only upon receipt of compliance documentation and signatures on the amended permit. The motion was supported by Maclnnis and passed on the following roll-call vote: Yes: Eby, Drier, Scott, Laughbaum, Urman, Kargol, Alexander, Maclnnis. No: None. Absent: None (one seat remains open)

4. Case #PPUDI9-001 Maple River Resort LLC (Jack VanTreese), PLANNED UNIT DEVELOPMENT-REZONING,3435,3459, 3615, & 3621 S US 31 HWY, Section 22, Maple River Township

Legal notice: A request by Maple River Resod LLC (Jack Van Treese) for a rezoning to Planned Unit Development at 3435, 3459, 3615 and 3621 S US 31 Hwy in Section 22 of Maple River Township. The request includes four tax parcels: 24-09-14-22-200-004 zoned RR Recreational Residential and 24-09-14-22-200-002, 003 & 24-09-14-22-400020 all zoned FF-1 Fam and Forest. The request is for review of an amendment to a Preliminary Planned Unit Development to allow for residential uses, lodging, campground facilities and amenities throughout the propedies retaining the commercial uses approved for the southwest corner of parcel 200-004 reviewed as Case PPUD18-001. The review will be per Afticle 17 of the Zoning Ordinance.

Packet ltems: Request & location map, application, tax parcel map, PUD checklist, 32?J19 zoning evaluation form, Emails between Tammy Doemenburg and Dusty Chrrslensen, rezoning graphic, 3/7/19 site plan, exisling conditions, site plan detail-nodh, central, south, township recommendation, Haggards P&H letter

Doernenburg showed the location map, US 3L, Maple River Golf Course. A portion ofthis PUD was reviewed Emmet County Planning Commission 04/04/2079 Page-5-of12 last year. The proposal is for a preliminary review for rezoning includinB allowing campgrounds, lodging, and restaurants. The plan was shown. Doernenburg pointed out that it is much more detailed than is required at this stage in the request. lf the preliminary is approved the Board of Commissioners conductsthe finalreview. Then the applicant has the option to come back, likely in phases, to obtain final approval on the PUD and site plan. She showed the existing use map and pointed out the existing and proposed uses. The site plan was shown and has been revised slightly in response to a request from neighbors at the township meeting to move the path awayfrom the residentiallots north ofthe clubhouse. The north area ofthe parcel is proposed to have the emergency access, camping, an amphitheater, campfire area, pool, comfort stations throughout, and non- motorized trails. The centralarea proposes the clubhouse, existing parking, more campsites with specialty type camping such as yurts, treehouses, and cabins. Employee housing would also be in this area. The PUD allows forthistypeof mixed uses. ln the south there are small houses proposed, around 400sf each, which would be accessed via Brutus Roadandwould beused as single-family dwellings. Photos of the site were shown. The notification was sent to both Randy Bricker (Pellston Fire Chief) and Art Drayton (Alanson/Littlefield Fire Chief) as they have dualjurisdiction. Bricker requested watersupplyand road suitable for fire truck access. The township has recommended approval. Theapplicant has requested that th e customarysecond hearingbe waived.

Doug Mansfield, developer, stated that his company works a lot on taking golf courses and renovating them to move them forward. Forthisprojectheisworkingwithagroupoutof Franceto developthese upscale camping developments in Michigan. They are looking for the draw of thisarea. Thebackpartofthisgolfcoursehas gone fallow but there is a lot that can be taken advantage of. After the crest ofthe hill you are in the 'country' and don't even notice the highway. Heisdesigningthisaroundwhatthiscompanyhastoldhimtheywant. There are all sorts of delays that they have been dealing with in other places that they wouldn't have to worry about here because they already have a resort and liquor license. He stated that he is designing this for them but he can't guarantee that they are going to purchase it. Theyaretryingtocatertoandfigureoutwhatsome oftheyoungergenerationswant. This spot is remotewith some connectedness. Thegoal istohavealight footprint. They want a natural experience with high services and their prices reflect this. Meals can be served to the campsites. This company's existing resorts are booked up about five months in advance. Mansfield stated that this is a great location because of the connection to the Mackinaw Bridge, Petoskey, and the non- motorized trail. The resort can keep them busy with their services for about three days and then they want to journey out to see the area. Other sites that he's looked into don't offer this in such a short drive. Theyhire college students and offer employee housing in similar lodging as the campers have. They would likely operate from May through harvest/color season. The resort will primarily be shut down in the winter months with likely just the restaurant and cottages maintained. They will be able to take advantage ofthe paths and maintenance roads that already exist for the golf course. Therewould be approximately eight comfort stations on septic systems and porta-potty units as needed. Mansfield statedthat he feels thatthey have puttogethera good plan and would like to move this along if possible. The group from France plans to visit here in May. There was a good open discussion at the township and changes were made as requested. No improvements would be made in the setback areas. More extensive details would come during final review.

Scott asked Doernenburg about the small houses labeled as single family homes in the southern section off of Brutus Road. They do not fit the minimum square footage requirements. Doernenburg stated that the ordinance does require 720sf minimum for permanent residences. This would be a variation that could be approved under a PUD. Scott asked if they are intended to be homes or cabins. Mansfield stated thattheywill be for sale and condo restrictions would apply. Jack Va nTreese stated that there a re a lot of retired peo ple who may be interested in a smaller place like this. Theywouldstill have to go through all ofthe State processes for campgrounds. lf the group from France isn't interested, VanTreese stated that he would likely develop a

Emmet County Planning Commission o4/04/2079 Page-6-of12 concept such as this on his own. He would like to see the concept approved tonight and details worked out later.

Maclnnis asked forthe employee housingto be pointed out. lt is in the central area and would be a set of yurts/cabins behind the farmers' market and outdoor sales area. Maclnnis stated that he feels that it is a brilliant re-use of golf course property. The random trails of agolf course work well for a campgrou nd.

Alexander asked if the small houses would be year-round even though this is a primarily summer operation. Yes. VanTreese stated that also 10-20 cabins around the pond area would be winterized. He wouldn't have anything open January through May except for the restaurant.

Laughbaum stated that he isn't against or for the project itself but Brutus Road leads to some of the most expensive houses in the area along Burt Lake. He asked why smaller houses would be allowed here but not anywhere etse in the county. VanTreese stated that they could remove them from the campground if necessary and increasethe sizes. Mansfield stated that he is selling a lot of thistypeof building in the Crystal Mountain Area. Theyaresmall but the attentio n to detail isamazing. Heaskedtogivehimachanceandif theyaren'tup to standards, they could be moved off of the road farther. Laughbaum asked what the guarantee that this same type of home would be put up ifthey ever burned down. lt would be in the condo documents. Doernenburg stated that this board should have a conversation regarding tiny houses at some point. She receives inquiries on a regular basis asking where tiny houses can be built within Emmet County.

Randy Bricker stated that he thinks this is great for the township and that they need the tax base.

Carl Muscott stated that small homes can be built in most places within the minimum size called out by the building code. He commended this applicant and representative on their project.

Brian Bates stated that this is exactly the type of development that is needed. This won't be the last defunct golf course in his lifetime and this is the type ofthing that his generation eats up. This is a happy middle ground and he is excited about the project.

Urman stated that this seems like a good land use with good thoughts put into it.

Maclnnis stated that there is an area along Zoll Beach in Harbor Springs that has some small homes near 10,000sf houses and they don't detract from the lar8er homes due to the aesthetics.

Scott stated that we have discussed dwelling sizes for many years now. There are good reasonsforthe minimums that are in the ordinance but this does need to be worked on.

M a nsfield stated that for a campground, buildings cannot be over400sf. This would be a site condo. Theyare trying to bring back the sugar shack/hunting cabin style. You have to make the smaller homes nicer tha n you may have to in a larger place because every board shows up. There are some really coolthings that are done with them.

Scott made a motion to waive the customary second review of a rezoning case. The motion was supported by Urman and passed on the following roll-call vote: Yes: Eby, Drier, scott, Laughbaum, Urman, Kargol, Alexander, Maclnnis. No: None. Absent: None (one seat remains open)

Scott made a motion to recommend approval to the Board of commissioners of PPUDL9-001, Jack VanTreese for Maple River Resort LLC for a Preliminary Planned Unit Development Rezoning on property located at 3435, 3459, 3515 & 3621 S US 31 Hwy, Section 22, Maple River Township, tax parcels 24-09-14-200-002, 003, 004 and

Emmet County Plan ning Commission 04/04/2019 Page -7 - of t2 24-09-L4-?2-400-O20 as shown on the Proposed PUD - Preliminary Development Plans dated Received Mar 7 2019 because the standards for the PUD and a Rezoning have been met. The uses include lodging, camping, residential uses, and uses accessory to the campground as shown on the Preliminary PUD Plan and B-1 uses, outdoor display of model cabins and storage buildings on the area identified in Case PPUD18-001 on the RR parcel. Approval is based on the facts presented in this case, the proposed rezoning is consistent with the Emmet County Master Plan, the uses are consistent with surrounding uses, there would not be an adverse impact on surrounding properties, the uses would utilize an obsolete land use on the property (golf course), it would not create a deterrent to the improvement of adjacent properties, it is a Special Land Use in the Farm and Forest zoning district, services will be provided on-site, access is via a state highway, and Maple River Township has recommended approval. The motion was supported by Maclnnis and passed on the following roll-callvote: Yes:Eby, Drier, Scott, Urman, Kargol, Alexander, Maclnnis. No: Laughbaum. Absent: None (one seat remains open )

5. Case #PSUP19-003 David Coveyou/Coveyou Scenic Farm, SPECIAL USE PERMIT- Accessory Farm Uses,4160 US 131 Hwy, Sections 19 & 30, Bear Creek Township

Legal notice: A request by David Coveyou/Coveyou Scenic Farm for a Special Use Permlt for accesso4f uses on a commercial farm to include social events on propefties located within Section 19 and 30 of Bear Creek Township. The propefty is zoned FF-1 Farm and Forest and includes the following parcels: 24-01-19-30-100 006 (4160 US 131), 24-01-19-19-300-011 (3805 Cemetery Rd} and 24-01-19-30-100-002 (1565 Greg Rd). The request includes four areas accessed via US-131 Highway and Greg Road. The reviewswi be per Adicles 20, 21 , 22 and Section 26.50 of the Zoning Ordinance.

Packet ltems: Request & location map, tax parcel map, application, site plan review checklist, impact statement, applicant's project desciptions, topo plans, 3/12/19 emailfrom MDOT and ECRC, 3/20/19 zoning evaluation, 3/11/19 site plan, fire chief review, Haggards P&H lefter

Doernenburg presented this case showing the areas involved in the request totaling 183.5 acres. Area 1 is located on the north side of Greg road and is 38.7 acres. Grass surface parking would be accessed via Greg Road (160 cars) and would have gravel pedestrian walkways. The nearest residential neighbor is approximately 1000' north on Cemetery Road. There are dense evergreens in this area for noise protection. An outdoor sound system would be used at this site and the applicant is requesting music to conclude at 11 p.m. for this site. Decibel level estimates were included from the applicant. There would be no permanent lighting. Eight events per month are planned. Area 2 is across Greg Road and is a 0.41-acre parcel. This would be for 1 5-20 people per the applicant, however there is parking provided for 30 cars. Hours of operation would be 8am-1'lpm with music ending by 1Opm. Eight events per month are planned. Area 3 is south of Greg Road in the center of a 1so-acre parcel. There likely would not be wedding events on this site. Hours of operation would be

8am-1 1 pm with any music ending by 1 Opm. Four events are planned per month and no permanent lighting is planned. Area 4 is the barn/deck area. This would be for catered farm-to-table events, parking is provided for 50 cars with gravel pedestrian walkways. There is visual screening on this site and twelve events per month are planned here. Doernenburg reported that both the Emmet County Road Commission and MDOT have been consulted. They have indicated that they are meeting on site on April 16h to go over the site. They are concerned about sight distance. A revised plan would be needed if changes are made due to this meeting. Bear Creek Township has requested postponement. Doernenburg noted that the 0.41-acre parcel does not meet the 20 acre minimum and perhaps would need to be combined with another parcel in order to do so. Signs are noted on the plan at 'l6sf; the ordinance will allow 4sf signs. Tent sizes are limited to 2400sf which is the maximum accessory building size allowed in this district. The Planning Commission can modify or waive that size requirement. The township would like the events limited by number and size and has asked the applicant to provide more detail for the overall parcel in regards to events. Other concerns were sound

Emmet County Planning Commission 04/04l2Ot9 Page-8-of12 levels, traffic, and a more detailed and to-scale plan was requested by the Bear Creek Township Planning Commission. Photos of the site were shown. The Fire Chief has reviewed the plan and submitted the following comments: Access roads/driveways would need to withstand at least 75,000 pounds, Chapter 31 ofthe IFC relating to tents and other membrane structures would need to be followed, the barn needs to meet code requirements for use, the deck needs to meet code requirements for exits, and he noted the trafiic crash count from US 131/Greg Road to Pine Road between 311114-2128119 is 68. A letter of support was received from Haggard's Plumbing & Heating. Doernenburg stated that the applicant fully expects to come back with revised plans.

David Coveyou stated that their farm was homesteaded in 1874 and they have been trying to transition for the past twenty years to keep the farm as a farm. They are looking to allow people the ability to come to a working farm, spend time there, and get that experience. He stated that he cannot farm 300 acres up here and find a market to sell so he has to find other ways to keep the farm sustainable and make money. A lot of their focus is on farm-to-table dinners where you're able to eat produce from the farm that is catered back onto the farm. There is a demand for this. Guitar and amplified music is used during these dinners. The wedding component is anotherthing. They have many scenic views and when they looked at the farm for areas, they looked to try to find the farthest place from neighbors that would still have the view. The site on the north side of Greg Road is surrounded on three sides by trees. This would be the main wedding venue. The parcel with the small house they've been trying to figure out what to do with. His parents sold this small parcel to a family years ago who built the house and lived there. They then sold it back to the Coveyous to be part ofthe farm again. They have had intern students and employees stay there over the years. One use was to have small, intimate events with 30-50 people in the backyard. He stated that he views this as part of the overall farm but could do the paperwork needed if necessary to combine with another parcel. The Orchard Hills parcel on top of the bluff, overlooks the lake and they are looking at this site as a space for on farm events such as cross-country races and harvest events. This is an open field and wouldn't be the main spot for weddings. The fourth spot is the existing barn/farm-market area. They would keep this as a market. People have inquired about using their barn for weddings and other events. lt isn't practical to move things in and out of the barn so they thought they could hold the events on the deck but would have the barn there in case of inclement weather. This has been built to code and the additional stalrway needed will be added. Coveyou stated that hewalked through the needs for everything with the Fire Chief. He has also met with the building department to organize what needs to be done on that end too. Coveyou added that they are lucky because the barn is a newer old barn which make complying with the building codes reasonable.

Kathy Coveyou stated that her husband's dream has always been to come back to the area and farm. The farm has been in the family for so long because they change with the times. This is where farms are today. She stated that they are trying to build relationships and have the opportunity to grow and be part of the community. She noted that she has found that this is beneficial and reflects in their sales when they do so. They also know that people who are at their farm and take pictures immediately post them on lnstagram which draws to our community as well. They are currently turning people away requesting weddings.

Maclnnis stated that he thinks this is a creative re-use. He questioned the reasoning forthe extended music until 11 p.m. D. Coveyou stated that it would only be on the one site back in the woods. lt is remote, surrounded by evergreens, and is 2,500'to the nearest neighbor. All other sites would only be until 1opm.

Drier asked if there is a potential of having all four sites having events at the same time. D. Coveyou stated that there could be something at the wedding site and in the barn but not at all spaces. The

Emmet County Pla nning Commission 04/04/20t9 Page-9-of12 intent is to not have them all rented at the same time. Doernenburg stated that this was also brought up at the township meeting. They indicated that they did not intend to use them at the same time and the township has requested more specific details regarding the schedule. D. Coveyou asked what is considered an event. Most of them don't have music. He is capturing all of these events in these numbers.

Urman stated that the hours of use were discussed in length at the township meeting. He stated that he is surprised that we are considering increasing the time to 1 1p.m when 10p.m. was a pretty set number during ordinance discussions. He asked if there is still a trailer or housing unit on the northerly parcel. How is this accessed? D. Coveyou stated that there is a labor house close to the north property line that is accessed via Greg Road. Urman stated that he has concerns with traffic. You have potentially 200-300 cars all trying to leave at 1 1pm on Saturday night and this is just asking for trouble. Their Planning Commission has talked about a number of issues with this area over the years. He discussed some potential other options that could divert traffic. D. Coveyou stated that he is going to have that meeting on the 16h with MDOT and the Road Commission. He stated that he would like to find a way to divert haffic back through the farm but he has to see if they can and if so, how. He stated that he is trying to avoid funneling farm traffic through the subdivision roads when asked about Pine Road. He stated that the farm access was designed by MDOT in 2017 and there are no issues with that access. Urman noted that this would be a big change from what it was designed fot in 2017 . Kargol asked about winter operation hours. D. Coveyou stated that there are no new buildings, just tents for these uses, so there would be no winter activity. Kargol stated that the traffic issues are worse in the winter there.

Eby opened the floor to public comments.

Kristi Schuil stated that she thinks there are some great ideas but has concerns with traffic as even going to the market now is terrible. lt seems that there are a lot of events going on at one time and even though they say they won't be all at once, verbiage needs to be added to prevent that. Lighting was touched on at the township for safety lighting to parking lots. The barn needs to be up to code and it isn't now. They are doing the same thing and had to go through the hoops and put in the time, money, effort, and headaches. She stated that she wishes them the best.

Scott stated that they passed this portion of the ordinance as an accessory to a farm use. This is not an accessory and looks like more of a change in use to him which is not what the ordinance allows.

Alexander asked if there will be generators for lighting. D. Coveyou stated that they are going to run underground electric and water to area 1 and lighting to parking areas. They do not plan on using generators except for maybe at the area on the top of the hill. ln terms of the farm, Coveyou stated that they are Emmet County's largest certified organic farm. They grow produce, have full greenhouses, and full fields. Scott stated that they are taking up more than 50% of the farm with this requested use. D. Coveyou stated that the farm is 330 acres and they want to keep it in the family. They have to find a way to generate income. K. Coveyou stated that when you walk the property and see what they are trying to do you will see that this space is incorporated into the farm not farming around event spaces. This is the direction of farms in Northern Michigan and around the country. This is what a sustainable farm looks like.

Alexander made a motion supported by Scott to defer this case back to the township for further review. The motion passed by unanimous voice vote of the members.

Emmet County Planning Commission o4l04/20L9 Page - 10 - of 12 lV Public Comments: Brian Bates-Bear Creek Organic Farm stated that their drawing is not to scale and if the parking that is indicated is removed it looks much different. He stated that he bristles at the suggestion that this isn't a farm accessory use. This is a national trend. The nice thing about these uses is that unlike the golf course that was reviewed earlier, we don't have to wait until the farm is out of business. What a farm used to be is not what a farm is now or what it needs to be now. Have a more open mind as to what an accessory use is.

V Other Business:

1. L'Arbre Croche-proposed text amendment: Doernenburg explained thatthe proposed text amendment would allow a modification to the ordinance to allow for reduced setbacks fortheir community. It is a good idea forthis location. There have been discussions on whether a PUD would be a better tool and they considered it but a PUD is not allowed on RR zoned properties. This draft was formed after many discussions with them and with Civil Counsel. The 15 ft. setback would be consistent with the 'averaging rule' in our ordinance. This modification would be County-wide (in areas where we have zoning jurisdiction) since if we just made the change for L'Arbre Croche it could be considered spot-zoning. The few small areas that would qualify other than L'Arbre Croche were shown. ln our jurisdiction, it would just be small areas in Cross Village Township. Civil Counsel has reviewed the draft. lf authorized, this would have to go through the notification process and be advertised. Scott asked if the sites to the north are platted. Doernenburg stated that Sturgeon Bay Shores is. Doernenburg stated that this amendment could allow someone to avoid critical dunes on their property and not have to go to the ZBA for variances. There have been ZBA cases in both areas and the ZBA actually suggested looking into options that would allow them not to have to come to them each time they wanted to build something. Tom Petzold, L'Arbre Croche, stated that they have a hardship in the origin of their design and that the zoning ordinance came in afterwards. Throughout history they have received variances for many lots. Over half oftheir eighty properties have a front-yard encroachment. The ZBA stated that they didn't want to keep granting variances and wanted a different solution worked out. Petzold stated that their development concept is in their deed restrictions. They have a 66' right-of-way of which in most areas, 16' is paved leaving 50' of woods before you get to the front yards. Their building envelope (circle) is often not the required 40'distance. The Critical Dune law also came into play later and there's a lot of topography on these sites which eliminates building envelopes quickly. Maureen Burke stated that these are very small lots and they are trying to accommodate the owners who are trying to update their homes. Scott made a motion supported by Urman to approve publication of the draft text amendment 'option B'. The motion passed by unanimous voice vote of the members. 2. Enforcement Report- Distributed, no discussion. 3. Wineries - draft text amendment proposal: Doernenburg stated that last month's suggestions were incorporated as discussed and the changes were listed. Maclnnis stated that the wording on K should be changed perhaps to '...whose department serves the property'. Kristi Schuil asked if the active farming has to be grapes. Doernenburg stated that this is not the intent. Scott stated that this draft is the best we've seen so far. He stated that the definition of bar in the ordinance doesn't give a lot of information. D. Coveyou stated that the liquor control commission has a better description of on premise consumption. Kargol asked if beer brewing is included in this amendment. lt was removed from this amendment. Schuil asked if it would be a different use. Doernenburg replied, yes. Maclnnis made a motion supported by Scott to approve publication of the draft text amendment. The motion passed by unanimous voice vote of the members. 4. Emmet County Resilient Master Plan 2020 - Doernenburg stated that she has a meeting next week with the consultant chosen to do the survey to go over the next

Emmet County Planning Commission 04/04/2OL9 Page-u-of12 steps. They hope to have the survey completed by August. There will also be open public meetings and forums planned. Maclnnis stated that the State Demographer will be at North Central Michigan College on October 4rh. 5. BOC/PC Joint meeting: Has been scheduled forApril 30,2019from 11am-1pm. in the \,. Board of Commissioners room. 6. Signs and Billboards - draft te)d amendment-Doernenburg stated that we have discussed this a few times. She presented some changes since the last draft. Alexander made a motion supported by Drier to approve publication of the draft text amendment. The motion passed by unanimous voice vote of the members. 7. Outdoor Lighting -draft text amendment Maclnnis made a motion supported by Alexander to approve publication of the draft text amendment. The motion passed by unanimous voice vote of the members. 8. Consent Judgment - draft text amendment: Doernenburg presented the change that was recommended by Civil Counsel. Scott made a motion supported by Urman to approve publication of the draft text amendment. The motion passed by unanimous voice vote of the members. 9. HB 4046-short term rentals: Doernenburg reported that there has been no movement beyond committee at this point. 10. By-Laws-review: Scott asked if the quorum of the appointed commission members have to be 50% or more than? Doernenburg stated that it has to be more than. There was one small typo to be corrected at the top of page three. Scott made a motion supported by Drier to approve publication of the draft text amendment. The motion passed by unanimous voice vote of the members.

VI Adjournment

There being no other business Eby called the meeting adjourned at 10:21 p.m.

James Scott, Secretary Date

Emmet County Planning Commission 04104/2019 Page - 12 - of L2 t :'l'\ 'i, County g$,8 Office of Civ,il G 200 DivisidilSl Petoskey, Michiga 231-348-1722

MEMORANDUM

TO: Emmet County Planning Commission Tamrny Doemenburg

FROM: Roberl J. Ensel ,4.'Z CivilCouns; ,/F>

DATE: April9,20l9

RE: Conditions of Approval for PUD Amendment - Crooked Lake Yacht Club

You have requested that I review the action taken by the Planning Commission on April 4, 2019 regarding the request by Crooked Lake Yacht Club for a PUD Amendment and Site Plan Review. The amendment and revised site plan were approved subject to conditions and a contingency. The listed conditions are not at issue hele.

The contingency at issue here l'eads " . . . approval is contingent upon the amended use being limited to use of Crooked Lake Yacht Club, Crooked Lake Sailors, ol'a successor membership based organization which is not open to the public ' ' ."

The motion for approval included the following provision regarding this contingency: " . . . and contingent upon the wording of the contingency being approved by the ZoningAdministrator and Civil Counsel."

The request for the amendment to the PUD was to change the existing Site Plan to remove six residential units and to add thirty additional parking spots for use by twelve boat slips. From speaking with Ms. Doernenburg, it appears that the concern being addressed by the contingency was to prevent the genelal public's use of the parking spots and the boat slips.

The following are excerpts fi'om my opinion letter dated April 1, 2019 regarding this PUD Amendment request:

Clearly, the MZEA addresses lancl use issltes, not otvnership issues. The sarne is addressed in the Zoning Ordinance's Putpose (Section 1.00) in paft:

The purpose of this ordinance is to provide for the regulation of lond clevelopment and the establishment of districts within Emmet County which regulite the use of larul snd structnres to meet the needs of citizens of the County . , , , to ensure thst use of the lancl is situated in appropriate locations and relationships...,andtopromotepublichealth,safetyandwelfare:...[emphasis addedl

MCL 125.3504 also authorizes the imposition of conditions in connection with the approval of a PUD. The authorization for conditions is fairly broad but certainly not without limitation. Conditions may be imposed "to insute that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased selvice and facility loads caused by the land use or activity, to protect the natural environment and conserve natural fesources and energy, to insure compatibility with adjacent uses of land, and to plomote the use of land in a socially and economically desirable manner.oo MCL 125.3504(4). Those conditions, however, must meet thlee criteria:

(a) Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well-being, of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole. (b) Be related to the valid exercise of the police power and purposes which are a{fected by the proposed use or activity. (c) Be necessary to meet the intent and purpose of the zoning requirements, be related to the standatds established in the zoning ordinance for the land use or activity undel consideration, and be necessary to insure compliance with those standalds.

At issue here is the use of the land for parking spots and boat slips, These are proper subjects of the Zoning Ordinance as they deal with the appropriate regulation of the use of land and structures. However, to limit this use to only "Crooked Lake Yacht Club, Crooked Lake Sailors, or a successor membership based organization which is not open to the public" is troublesome. This appears to be a violation of the criteria found in MCL 125.3504(4) stated above.

If Crooked Lake Yacht Club walted to allow an entity or persons to use the parking spots aad boat slips thlough a contracted arrangement, not allowing them to do so because of this contingency would run afoul of the intent and the letter of the law. That would constitute an attempt to regulate who am rse instead of how to use.

However, requiring Crooked Lake Yacht Club to take steps to deter the general public from using the patking spots and boat slips would be a valid condition under subsection (a) above - this condition would be to protect ". . . residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole". You also need to reinforce the ptovisions ofthe original 2003 PUD in which thete were ceftain cor.rditions placed on the property involved in this amendment unless it is your intent to remove the 2003 conditions. An argument could be made that you have eliminated those plovisions by adopting this amendment. For example, the original 2003 PUD agreement required a five foot wide pedestrian easement on a poftion ofthe property. Failure to mention this condition and other conditions could be considered as having been eliminated by the amendment.

Perhaps the motion can be amended to reflect the following conditions for approval:

o Crooked Lake Yacht Club or any successor ownel will not allow others to use the parting spots and boat slips without written authorization by Crooked Lake Yacht Club or any successor owner to do so. o Crooked Lake Yacht Club or any successol owner will post and maintain signage stating that it is private properly, such signage to include verbiage approved by the Zoning Administrator such as "Palking fol Crooked Lake Yacht Cub use only" and "Boat slips for Crooked Lake Yacht Club use only." . Crooked Lake Yacht Club will take action to plevent the general public from using the parking spots and boat slips without wr'itten autholization. . All plevious conditions in the original 2003 PUD remain in effect that are not otherwise changed by this amendment or in conflict with this amendment.

The procedural mechalism to address this Memorandum is as follows. According to Roberts Rules of Order - Newly Revised, an organization may reconsider its pt'ior actions itr a number of ways, but the best method would be to consider a Motion to Amend Something Previously Adopted. This motion does not change the overall goal of the previously adopted tnotion which was to approve the amendment to the 2003 PUD.

To accomplish this, I would suggest that this discussion be added to the Agenda under Old Business for the next monthly meeting. It could be titled "Amendmenl of Conditions after Legal Review - Crooked Lake Yacht Club PUD Amendment."

When the Chair opens this topic up for discussion, a commission member may make a motion as follows;

I move that the Plaming Commission amend the motion previously adopted at the Aplil 4,2019 meeting of this Commission regarding PPUDF 18-02, Crooked Lake Yacht Club, for a Planned Unit Development Amendment and Site Plan Review by adding the following conditions to the apptoval:

o Crooked Lake Yacht Club ol any successor owner will not allow others to use the parking spots and boat slips without written authorization by Crooked Lake Yacht Club or any successor owner to do so. o Crooked Lake Yacht Club ol ally successol owner will post and maintain signage stating that it is private property, such signage to include verbiage approved by the Zoning Administrator such as "Parking for Crooked Lake Yacht Cub use only" and "Boat slips for Crooked Lake Yacht Club use only." o Crooked Lake Yacht Club will take action to prevent the general public from using the parting spots and boat slips without written authorization' . A11 previous conditions in the original 2003 PUD remain in effect that are not otherwise changed by this amendment or in conflict with this amendment.

Once the motion has been made and seconded, the Planning Commission may discuss and deliberate as it would for any other action item. Since the topic was included in the agenda, adoption of this motion to amend only requires a majority vote. (If it had not been included in the igenda and no one announced at a prior meeting of their intent to bring such a motion, then approval requires a2l3 maiority vote.)

If the Motion to Amend is adopted, then the procedures that regularly follow approval of motions by the Planning Commissioner should occur.

If you have questions, please feel fi'ee to contact me at 231-3 48-1722. ZONING EVALUATION FORM Office of Planning and Zoning Emmet CountY, MI

DATE: 212212019 CASE #: PSPRIS-016

APPLICANT: David Firman

PROPERTY: 3529 Howard Rd

TOWNSHIP: Bear Creek TownshiP

REOUEST: Special Use Permit - Contractor's Use

FACTS: r The ptoperty is zoned FF-1 Farm and Forest. r The property is 34.64 acres on the east side of Howard Road (increased from 1 3 in 2013). e A Special Use Permit was approved in 2013 for this propertv for a contractoros use. See approval motion from 10/3/13. A2,400 sq. ft. officelstorage building has been constructed on the site as approved- . The approved use is a tree service and irrigation business. r Request to allow outdoor storage of logs as shown on the proposed site p1an. Outdoor storage was not part of the original approval' o Screening proposed to be provided with American Larch, aka Tamarac. These trees lose their ueedles annuallY.

ZONING ORDINANCE STANDARDS: Section 801-8

In FF-1 and FF-2 Districts, specified contractors uses may be pennitted subjectto the follou'ing standards including Planning Commission review : a) Pennitted Uses: The uses permitted pursuant to this section may include one or more of the following:

l) Storage buildings for recreation vehicles, travel trailers, boats, water craft and similar items, but not sales and/or sen'icing, or commercial warehousing.

2) Buildings to store equipment and materials associated with the following specific trades: landscapers, excavators, nurserymen, building contractors, plumbers, electricians, carpenters, pipe fitters, heating-cooling-refrigeration tradesme4 telephone and communication system installers, provided such individuals are fully licensed to operate in the State of Michigan if a license is required.

b) Outside Storase: All primary storage/use activity shall be in enclosed buildings. Any outside storage that may be permitted shall be in areas effectively screened from public view. Storage was to be located inside the building located behind existing trees 340 feet from the road right-of ay and approximately 40 feet from the north side property line. Outdoor storage - has expanded into other locations on the site. Trees proposedfor screening wauld seem to be inadequate for that purpose. Suggest conifers thal do not lose their needles. c) O'wner Occuoancv: Buildings and uses permitted herein shall only be approved on properties occupied by the owner and be the primary place ofthe owners residence. Owner does not reside on the p|operty. This provision was waiyed during the initial revie'w [as allowed by lhe paragraph following slan*trdflJ. *

d) Site Size: The minimum property size shall be ten (10) acres or larger by description, having at least 600 ft. oflot width and at least 600 ft. oflot depth. Property is over 10 acres. The lot is 300' wide at Howard Rd but expands to oyer 1,000' teide at the ectsl property line. llhis provision was waived during the initial review fas allowed by the *Site paragraph following standard flJ. ha,s been increased in size by 20* acres since the original approval.

e) Buildine Limitations: The ground floor area of proposed buildings associated with the uses permitted herein shall not exceed an area o{ 2,400 sq. ft. One additional 2,400 sq. ft. building may be permitted on sites of20 acres or more, by description, provided the two buildings are separated by at least forty (40) feet. One building up to 3,400 sq. ft. may be permitted if the applicant stipulates not to construct two (2) buildings for contractor uses. No new buildings are proposed.

f) Siqns: Accessory identification signs associated wilh the uses permitted pursuant to this section shall not exceed an area ofeight (8) sq. ft.. and shall comply in all other respects with the sign section oflhis Ordinance. No signs are propo,red at this time.

. Modifications 10 the standards listed in items b) thru f) above may be approved by the Planning Commission, provided that the intent ofArticle VIII is retained and the surrounding properties are protected ftom nuisances. Modifications were approved v)hen the original SUP was reviel )ed.

NARRATI\IE The proposal is to allow for screened outdoor storage. The use is not changing from the original SUP review approved in 2013. No outdoor storage was proposed in the original revie\4y'proposal. Trees proposed to be used for screening do not seenr to provide adequate screening year round - could be used as a filler, but doesn't seem to satisfy screening requirements.

Draft Motions: Motion to postpone Case #SPR18-016, David Firman, Site Plan Review amendment to allow outdoor storage as a, accessory use to the approved contractor's use on properry located at 3529 Howard Road, Section 20, Bear Creek Township, tax parcel 24-01-19-20-300-014 for the following reasons:

Motion to approve Case #SPRI8-016, David Firman, Site Plan Review amendment to allow outdoor storage as an accessory use to the approved contractor's use on property located at 3529 Howard Road, Section 20,Bet Creek Township, tax parcel 24-01-19-20-300-014 based on the site plan dated Rec Aprlil12,2019 because the outdoor storage use is setback over 300 feet from public view and meets the standards of the Zontng Ordinance with the condition that the trees ilong the west property line screening the revolr.ing wood storage be conifer trees which do not iose their needles and that there be two staggered rows of those trees a minimum of 4 feet in height (conditions or reasonE may be added).

Motion to deny Case #SPRI8-016, David Firman, Site Plan Review amendment to allow outdoor storage as an accessory use to the approved contractor's use on property located at 3529 Howard Road, Section 2},Bear Creek Township, tax parcel 24-01-19-20-300-014 based on the site plan dated Rec April 12, 2019 for the following reasons:

Bear Creek Township Planning Commission Meeting March27, 2019 DR,4FT Called to ordcr at 7: I 5 p.m. Roll Call: Mays. Stringer, Coveyorl Brown, Olfiffe, Haven Absent: Urman

Approvzl of Minutes: Minutes from our last regular meeting of February 27, 2019. Motion by Haven and seconded by Mays to approve minutes. Passed Case PSPR 18-016: David Firman, SPECIAL USE PERMII Amendment to the Site Plan, 3529 Howard Road, Section 20, Bear Creek Township. No new information at this time. Motion: by Brown to Table this case 2nd by Haven. Passed Case PSUP19-003: David Coveyor:/Coveyou Scenic Farm. SPECIAL USE PERMIT-Accessory Farm Uses,4160 US 131 Hwy, Secdons 19 &30., Bear Creek Towrship. David Coveyou recused himself from this part of the meeting because of a conflict ofinterest in this case. Coveyou tumed the meeting over to Haven. This is looking at 3 parcels, owner wants to keep farm uses intact and retain integrity ofthe farm, keep open space of farm. This property is zoned FF1. The board was given a list of concerns from Chief Welsheimer. There is no water or electric on the parcel on Greg Road it would be added. The house on Greg Road doesn't meet the 20 acre zoning so this parcel would have to be added to the larger parcel or be granted special permission from the board. The house would have to be brought to code aad inspected before use. There will be no permanent lighting and portable lights will have to meet zoning along with teuts and \/ portable restrooms. These will be provided by the renters. MDOT and Road Commission will have to come out and inspect roads, entrances and signs. Coveyou is recommending that people ddve tkough the farm and try to stay away {iom using Greg Road. Events will be belweeu June to September. There is a concem about iimiting the number ofevents per weekend. The deck on the bam rvould be used for farm to table dinners and other events under 100 people. The deck and bam would have to be brought up to code. The parking spaces will bave to designate handicap spaces. Keiser states that a ZBA case states that tents are structures and asked that we have size ofthe tents stated and no larger than 2400 square feel. Tents will come up and down and not be permanent, Don Johnson would not like the traffic routed through to Pine Road and has concerns about decibel levels. Coveyou states that they have done research on this and that music would be off at 10 pm. Robert Smith asked would the Special Use Permit go with the property or with the applicant. It goes with the property and the new owner wiil be limited to the same restrictions imposed by the board. Concerts and Festivals are not allowed in this zoning. Keiser asked can we limit the decibels to 51 because of noise echoing olf the lake. Will temporary Iighting be subject to zoning restrictions? Yes it will. He also asks that we state no generators are allowed. Duane Schuil had a list of concerns about the farm not being up to code, absence of curbs not standard for all the trafEc coming in and out, not code for Fire Trucks, to many events at one time, proposal says grass not gravel, concemed about parties not obeying the noise rules. He also feels that the farm market is way beyond the FF1 zone. Kristi Schuil asked how do you do farm to table dinners with no kitchen? \r/ Coveyou states that the bam basement would be brought up to code with bathrooms and kitchen. She feels this is about the zoning not the building and didn't want to address that at this time. Tammy states that a lot ofissues have been brought up some zoning some building, we are here for zoning. Building issues must be addressed and dealt with by the Building Department. The site plan Page2 doesn't show the traffic going through the farm, tent sizes need to be addressed, to many signs, small parcel with house needs addressed and events need to be limited. Coveyou states that she wants events spaced out and sizes looked at, she doesn't want a lot of large events each weekend. Mays states that the plans are not to scale and r,vould like a more accurate plan to scale. Motion: by Mays to postpone until the next regular Planning Commission meeting Case #PSUP19-003, David Coveyou and Coveyou Farms LLC, for a Special Use Permit for four locations for accessory uses on a commercial farm at24-01-19-30-100-006 (4160 US 131),24-01-19-19-300-01 1 (3805 Cemetery Rd), and 24-01-L9-3A-100-002 (1565 Greg Rd) within Sections 19 and 30, Bear Creek Township, as shown on the site plan dated Received March 1 1, 2019 for the following reasons: to allow the applicant time to provide additional information. Issues to address are Road Commission and MDOT meeting about the roads and driveways, address the smaller parcel with the house, the nurnber of signs to be put up are too many for the zoring,the size of the tents, the events limited to number and sizes, the sound levels and new plans that are to scale, show traffic paths and better detail. 2nd by Olliffe Passed Public Commentss none C)ther Business: Enforcement Report: Went over the report. Ir,lultiple Family Density: To increase property zoning for properties that are R2 zoned with sewer. Other properties possibly added after Master Plan is completed, Motion: by Haven that rve recommend the Bear Creek Torvnship board go to the Emmet County Planning Commission and approve increased density of R2 zoned properties rvith sewer. Passed Days and Times: Joint meeting times will be set for the last Wednesday of each month at 6:00 pm prior to Planning Commission Meeting at 7 ;15. Tammy 1. Tammy will try to set up a meeting with Bear Creek Township Board, Planning Commission Board and the Petoskey Planning Commission Board to discuss both of our Master Plans and working together. 2. Emmet County Building department, Coffee with Inspectors is coming up, Tammy will email information. 3. Emmet County is also working on its Master Plan so activities will be coming up for that. 4, Citizen Planner Program will begin on September 3, 2019 so save the dates. Adjournment: 9:17 p.m. Respectfu lly submitted:

Anita Stringer Clerk Recording Secretary Office of Planning and Zonirg Emmet County, Ml

DATE: 03120/2019 CASE #; PSUPl9-003

APPLICANT: COVEYOUDAVID J &

PROPERTY: 4160 US 131 HWY

TOWNSHIP: BEARCREEK

FACTS: The proposal includes three tax parcels all located on the west side ofUS 131 Highway' Trvo ofthe parcels are south of Greg Road; one pareel is localed on the north side of Greg Road. Two of the parcels also have fiontage on Cemetery Road' At the locations ofthe proposed use, the properties are zoned FF-1 Farm and Forest' The entire property is approximately 183.5 acres; 100-006 is 148.95 acresl 100-002 is 0.41 acres and 300-01I is 34.1 acres in area. The proposal is for four dift'erent locations for social events including weddings, receptions, farm-to-table dinners, and other social gatherings. a The property as a ra,hole is actively farmed, over 20 acres appears to be in active farm production. Tax parcel 100-002 does not appear to be actively farmed and is not 20 acres in area' Proposal is to utilize the existing access from US- 131 for the harn/deck venue. MDOT review has been requested. Proposal is to utilize Crreg Road for access to three of the venues- Emmet County Road Commission review has been requested. The site is a mixture of farmland, pines, and hardwoods. The uses on the adjacent properties are residential. Across US-131 Highway is a mining operation.

T,ONINC ORDINANCE STANDARDS:

SECTION 21.00 INTENT Special Land Use permits are required for proposed activities which are essentially compatible with other uses, oi activities permitted in a zoning district, but which possess characteristics or locational qualities which require individual review. The purpose of this individual revierv is to ensure compatibility with the character of the surrounding area, with public services and facilities, with adjacent properties, and to ensure conformance with the standards set forth in this Ordinance. Special Land Uses shall be subject to the general provisions and supplemental site development standards ofthis Ordinance as rvell as to the provisions ofthe zoning district where it is located. Each use shal1 be considered on an individual basis.

In reviewing all requests for Special Land Uses the Planning Commission or Zoning Administrator shall require compliance with any of the following as may reasonably apply to the particular use under consideration (See also Article 20 and Section 2I.01):

A. Non-detrimental impact upon the surrounding uses in the District, particularly as related to tmffic generating potential, servicing by trucks, hours of operation and pedestrian traffic. A traffic impact study may be required by the Planning Commission

B. A large enough size of the parcel or project site to accommodate the use, its future expansion, customar], accessory uses and on-site services (such as but not limited to sewage disposal and water supply).

C- Impact of the proposed use on the quality and quantity of water resources, domestic water suppiies and capacity to absorb the anticipated sewage disposal demand.

D. Entrance drives to the use and off-skeet parking areas shall be no less than twenty-five (25) feet from a street intersection (measured from the road right-of-way) or Aom the boundary ofa different Zoning District. Road agency review sball be required.

E. The use does not con{lict with the principles, goals, or objectives of the County Comprehensi ve Plan.

F. Suitability of access to the use, assuring that minor residential streets are not used to serve uses that have larger area-wide patronage.

G. Ailowance is made for vehicles to enter and exit the use safely and no visibility impediments to drivers are created by signs, buildings, land uses, plantings, etc.

H. Open spaces and common areas, when offered by an applicant as ar inte$al element of a Planned Unit Development or Special Land Use Project, may be required to be formally assured by one or more of the following instruments: Scenic Easement; Conservation Easement; Deed Restriction; or similar dedication mechanism.

The open space dedication irstrument shall name the State, the County, a Local Unit of Govemment, or a land conservation-/conservancy organization, as a party to the instrument, as determined 1o be most acceptable for the particular property and agency involved.

Intent It is the intent ofthese zoning provisions to: e promote and maintain local farming. . preserve oPen sPace and farmland, r maintailr the cultural heritage and a rural character, r maintailr and promote tourism, o protect residential uses from negative impacts of commercial uses. ineluding Planning speciSed commercial accessory uses may be permitted subject to the following standards Commission revierv:

A. Permitted Accessory Uses - Social events which may The uses permittei p,lrtu*t to this Section may include one or more of the following: to be operaled as a commercial include weddings, rl."ptionr, and similar social activities operated or intended operation.

as defined by the Michigan uses permitted within this section must be clearly incidental to a'oFaml operation" Rightlo Farm Act (1981 PA 93, as amended)' ThLs slandard aPPedrs to be meL

B. Outside Activities - amplification systems shall be rvithin a completely enclosed eir farnu,y activities rvhich involve sound systems or outside, but shall be setback a minimum of structure o,. ,ourd ,yrtems or amplification systems may be located 1"000 feet from oftpremises petmanent dwellings' sbowing they could meet the The applicant may request a reduced setback if they can provide documentation amplification systems shall following standarls, at p.iru,y activities which involve sound systems or sound the hours of 10 AM tlrough l0 PM' maintain a decibel level not to exceed 75 dB(A) at any properly line between All other hours, decibel levels may not exceed anrbient sound levels.

a 4441 Pine Rd. (Approximately 700feet)' The barn atong (JS-t3l is less than t,000feetfromrhe house located AIt amplifiect sounrl proposed to be completed hy I0 PM'

C. Orvuer OccuPancY properties occupied bY the nuitaings and^uses permitted shatl only be approved on properties or contiguous owner/operator' show 4812 Birch Ln, an adjacent property. This stondard appears to be met. Owner's adclress (tax records)

D. Site Size and Setback at least 600 ft. of lot width' The minimum properry siz.e shall be t*,enty (20) acres or larger by description, having property lines and meet the front The accessory ur" st utt be setback a minimim of 150 ft. from the side and rear standards shall apply to the accessory use and structures furo r.tuu"t standard of the Zoning ordinance. Setback associated with the accessory use.

less than acre with 125' lot width. Tlris standard is metfor the entire property. Except that 100-002 is I

E. Hours of 0peratio mPfh The Accessory Use shall be limited to the hours of 8AM to llPM.,, I!,?"UfP:t,,of,,-qliht:,,p,9r ,shu},l' and the pr*ialiiv ,riu,app1rc*t p the ptanning Commission and'may be limitea'based on specific site conditions ct aracierisiics of the,neighborhood' r; F. Building Limitations not exceed an area of 2,40A The groind floor area of proposed buildings associated with the uses permitted shall sq. ft. Larger buildings nray be considered by the Planning Commission based on specific site conditions and characteristics of tlre neighborhood. The grounrdJloor area of the tent

G. Parking Parking spaces shall be provided in accordance rvith the standards of Section 22.02 of this Ordirrance €xcept that parking areas shall be setback a minimum of 100 f'eet from the side and rear property lines and 40Spt from the road right-of-way. Parking shall be adequate to accommodate all nsers and uses on-site. Parking shall be kept in a natural vegetated condition to the greatest extent possible.

H. Screening The accessory use shall be effectively screened frorn adjacent properties in accordance with the standards of Section 22.04.2.

I. Lighting Lighting shall meet the Standards of Section 22.06 of this Ordinance. No lighting is proposed. Lighting, if used, would be required to be full cut-ofi, ftnQ shielded.

J. Signs Accessory signs shall follow flre Standards of Section 22.07 of this Ordinance.

Uses listed above are subject to review on a case-by-case basis and may be approved by the Planning Commission, if the intent of the Zoning Ordinance arid this Section 26,50 are kept and tbe surrounding properties are protected from nuisances. These standards shall not apply to private (non-commercial) similar uses on propelties used for residential purposes and w'hich occur on an occasional basis (four times per year or less).

Draft Motions:

To approve Case #PSUPI9-003, David Coveyou and Coveyou Farms LLC, for a Special Use Permit for four locations for accessory uses on a commercial farm at 24-01-19-30-100-006 (4160 US 131), 24-A119-19-300-011 (3805 Cemetery Rd), and 24-ALl9-30-100-002 (1565 Greg Rd) within Sections 19 and 30, Bear Creek Township, as shown on the site plan dated Received April 72,2019 for the follorving reasons: (other conditions or slatement of.fact,s mq* be in,yerted here)"

To deny Case #PSUPI9-003, David Coveyou and Coveyou Farms LLC, for a Special Use Permit for four locations for accessory uses on a commercial farm at24-01-19-30-100-006 (4160 US 13 L),24-01-19-19-300-011 (3805 Cemetery Rd), and 24-01-19-30-100-002 (1565 Greg Rd) rvithin Sections 19 and 30, Bear Creek Township, as shown on the site plan dated Received April 72,2019 for the following reasons: (reasons must be added here).

To postpone until the next regular Planning Commission meeting Case #PSUP19-003, David Coveyou and Coveyou Farms LLC, for a Special Use Permit for four locations for accessory uses on a commercial farm at24-01-19-30-100-006 (4160 US 131), 24-01-19-19-300-01I (3805 Cemetery Rd), and 24-0t-1,9-30-100-002 (1565 Greg Rd) within Sections l9 and 30, Bear Creek Township, as shown on the site plan dated Received April 12,2019 for fte following reasons: to allow the applicant time to provide additional infornration.

REQUEST PSUPI9-OO5 A request by Emest and Mike Spierling for an amendment to the Level III Resource Mining and Extraction Operation Special Use Permit located at6626 N US-31 Hwy, Section 35, Carp Lake Township. The properties are zoned FF-2 Farm Forest and include approximately 26 acres of portions of tax parcels numbered 24-03-06-35-100-005,100-006 & 100-009. The review is per Articles 20 artd2l and Section 26.10 of the Emmet County Zoning Ordinance.

LOCATION

CASE #PSUP 19-OO5 6626 N US-31 HWY

Plan prepared by 1 in = 1,000 feet Emmet n^qnt! Planning and Zoning Dale 41212o19 231-34 !S ) ) I

I APPLICATION FOR ZONING ACTIOX I ,Y I EMMET COUNTY OTTICE OF PLANNING, ZONING, . * ANDCONSTRUCTION RESOURCES h 3434 HARBOR.PETOSKEY RD, SUITE E, HARBOR SPRINGS" MI 497C0"sffis PIIONE: (231) 3,t8-1735 FAX: (231) 439-8933 EMAILT [email protected] 3-zt*t1 ?sts? l{ * a:s DATERECEIVED *rtraotro* u,,, 11 *-*12-r:a ("*L - _, s-- 555555555555555 ;.; ;,_u FEE DATE PAID fLE..tSE lrl^Kf, CIIECI(I PAYABLE 1'O: EnIltf,T COUNIY

Applicant's Name Phone 23,5*a^*5s*

Applicant's Address gJ

Applicant's Email Address 'pJr*

Ou.ner's Name Phone ?3{ s9E-8 5* owner's Address Z" ?? e-ffu, &&&L-&l &-&-- Owner's Email Address

JOB SITE LOCATTON: rownitrip: rs rar Parcel #: 2a-1q - ' o66 ? l+ k& { -* -A---3. 5-;|. e-G* h- -8. $ , Address: Us 3J ZONING REOT]EST: Planning Commission: Special Use Permit Site Plan Review ti Planned Unit Development EI 7n*ingMap Change B ZoningTextChange a r *Please site/plot plan to shuw; REOUIRpD USE INFORMATION sttrch ! propcrty Sq' Ft' &+'l*i'5J rlimenrions; frorl, rcar, and side yard setblcks; stretts, roads, and rll Floor fuea accessory Sq. Ft. building: buildings on lhe lot. I Ames Ft. LodParcel Siz.e: "i ? Review Sccrion 2405 of Site/Plot Plan required* aH;;I";,"d;;trffiF; 2 fullsized & 14 reduced sized (max ll'xl7) ffi site plans required for Plannirtg Commission cases. &**?1 -Sq.Date Submitted Date Submitted rr ai rr-- .1 A ,:v Elevatiou Drawing 0 Site Inventory FH fLtt, i'i1{:1" l,_ I C,}k,_ -..=- --]TIF'.\, ,,i r'h'] Engincered Drai*age Plan E FireDeptApprovat o - . Soil Erosioo Permil r: {^ tlr,-- Wetlands Permit r: Health Dept. ApprovaV tr FI jA Road Commission/ B Sewer Taps MD0T Approval Other: As owner/and or applicant representing the owner, i.do-S do not ,. authorize Emmet County (stalf, appointed board, and/or commissioners, or committee members) t6 enter upon the subject property for purposes of making inspectionsrelatedtotheprojectorrequestidentifiedinthisapplicption. Ifauthorized.suchinspectionsorsite- walks shall be conducted at reasonable hours and times. baly r,i"lt ar*nr3r 0" Ef5*".[+\t* ? e$d,i* all the abovc information is accurate to mv"sgte' fullest wledge: Trud/"| ./ nrfo- I zloln Printed Name of Property^:,,bswl* Orlmer I I bate ffiH#ffirVilD

tiiF z 1 ?fir$

*, *YY:,7,\.,t: * i i irrY I*i-}\i.ti\iiAT,J L SJI}JiT*G SITE PLAN REVIEW CHEGKLIST C*se #_ Date Received

Subject Property 1i66r*u" Irleae* d &to,",l ,,r,,- Subdivision and Lot Number {lf Applicable} Township c*p lpla Proposed Use of Property lrvel ldf, &*n *r" r',ir Proposed Nurnber of lo

CHECKLIST - Basic Map lnformation Yes No N'A Cornments

Propcsed site tocation map (indicate sufficient area reference to 1 locate site) May use plat map, Google map or other map to / identiii oarcel.

Z Appropriate scale t

(existing proposed right-of- 1 Date, North Arrow, Street Names and ways). I

4 Name, Address and Phone Number of person preparing plan j{

5 Property line dimensions T Basic Zoning lnformation

(inctuding Setbacks: A Zoning setbeck linas -Building the eave) Front if} Sioejb-sioi-i[g-RiarrWater' 5* x

Distance between buildings (nearest point to nearest point) x

I Location of new buildings and general floor plarr Dimensions of bldg,{s} =*_x.--* Tntal sq.fi.=-.-- X o Proposed building elevations (to scale) Mux- Height =- x

All existing structures (labeled) within 100 feet of perimeter 10 property lines t

Multiple housing units -Number of units = composition 11 (efficiency, one badroom, tato, three) n

12 Sunounding zoning (prope(ies immediate-, to subject site) I 13 Lot coverage of proposed buildings =- x Natural Features ye3 No. N/A Comments

Boundaries of existing natural features (trees, lakes, ponds, 14 streams, rock out-croppings, severe topography, wetlands, x woodlands, etc.).

15 Has a wetland permit been applied for? r 16 Existing topography x

17 Soil analysis ls it in a Critical Dune Area? x

,,lB Site lnventory provided? x

19 Are there scenic view considerations? x

Drainage / Parking/ Roads

Access drives, internal roads (note public or private) service 20 roads. Width of Right-of-Way = Zt I

21 Loading/unloading, service areas x

Sidewalks, paths, and trails and public within road right- 22 {intemal of-ways). x

23 Acceleration/deceleration lanes x 24 Road agency approval? /

Parking areas (dimensioned typical parking space, maneuvering 2C lanes) t(

Parking spaces parking spaces 26 required_, actual_ Handicap parking location and number_ {

27 Required landscaping in parking areas I

28 Snow storagelsnow management plan x 29 Dumpster location, screening indication f 30 Existing easements (utility, access) within site limits / 31 Location of Water/well, Sewerlseptic, and stormwater I

Site grading and drainage plan (on-site elevations for pavements, JI drives, roads, parking lots, curbs, sidewalks and finished grades at building facades) Attach a sealed Engineered Drainage Plan. I

33 Proposed retention/detention sedimentation ponds I Other Site Requirements Yss No N'A Commentg

Proposed landscaping (required greenbelts, plant malerials/size u and type, fences, retaining walls, earthberms, etc.) v

Location of ouidoor lights, pote heights, bollards, building 35 {, attached, luminary shielding lechniques'

JO Location of sign(s)' Y

37 Site arnenities {play area, pools, beaches, tennis courts, etc.). {

Jd Inrpact Statement a ttashed? {

39 Fire Department approval? x

40 Fire hydrants and fire vehicle access. {

41 Road Agency approval? 1

42 Health agenc,y approval? x

43 Army Corps ol Engineers approval? x

Michigan Departrnent of Environmental Quality approval? x *Signs and lights will need to be approved by the Emmet County Sign and Lighting Committee, ADDITIONAL COMMENTS:

* ,. *f f,q Date Rr ffivtil

ff&* I I t[1$ IMPACT STATEMENT E*Td5T ililiJh'TY FOR STTE PLAN REYIEItr pl-Atqr'llru* & e0NlhlG

APPLICANT'S, . ; NAME tnrfu, fuorJ'n, CASE#

PHONE r'rumriEn ?1t 531- &sryo DATE

PROJECT TITLE

PROPERTY TAX ID # TowNSHtp .r,P lrl'e*

DIRECTIONS TO APPTICANT BELOW ARE THE REQUIREMENTS TO CONFORM TO SECTION 20.04, IMPACT STATEMENT, OF THE EMMET COUNTY ZONING ORDINANCE #15.1. THESE ITEMS MUST BE ANDRESSEO AND SUBMITTED WITH THE SITE PLAN AT LEAST 24 DAYS PRIOR TO THE PLANNING COMMISSION MEETING IN ORDER TO BE PLACED ON THE FOLLOWING MONTH'S AGENDA. (REGULAR MEETTNG DATE rS THE FIR$T THURSDAY OF THE MONTH.) ITEMS LTSTED ARE MINIMUM REQUTREMENTS, AND ADDTTIONAL TNFORMATION MAY BE SUBMITTED TO DESCRIBE THE PROJECT IMPACT.

T, PROJECT DESCRIPTION Give a description of the proposed development including: Site area, number of proposed lots and/or units, population density, other pertinent population data, vehicle traffic, and related. r**on*{& r^r'r'1 *}* I ?f acx: ''r{ac *'ll tnbrl l**) ff .oJJ'}"no ,t k- u, ,o-r*i'-* t*^{ mJ*qg' $t {*a *4 ,-p E, *"d *4 cu{$ froo' A\,Y L ro i^l*l *,1*d^"L ,'n,,o, rill n,{ ef|*! '"k- -,li ^s J-,4a $ J.p+rdt[*l -1r--ltr- -Il,c,e I ofol Aj1nl,,-.ryral',* ,-rtn*'-,ll r-lll k*Lpr. ,tlsil<'of,r5r+( cr6,?€r6rotr *,'*i*ohn *"4, n5 oll a*r n',ll h.'gJ-pJ h +k n*l*rld pr,4 * r;L ..it*, 'l,"ol Ll-, uo ilfd ,1, pi **.N,s di,*t $alAo ^ lritA{r{t$ -ls UI 3l f*k 2. EXPECTED DEMANDS ON COMMUNITY SERVICES Explain what the impact will be on the following community services and describe how services will be provided tif applicablei: a. Sanitary Services _i b. Domestic Water Ni'lt f" i i c. Traffic Volumes jf j d. Schools e. Fire Protection V

3. ENVIRONMENTAL IMPACTS lnclude statements relative to the impact of the proposed development on (if applicable): a. Soil Erosion i I r, a t- At \s-I*tfu* Ay ft r/rrt'

I b. Storm Drainage IYIA I ,l

I I c, Shareline Protection I I I I i , d. Wildlife I I i I

e" Air Pollution i

J i I i 1

1 f.lfiater Pollutian l I t *l g. iloise t* l. Follow all site plan requirements and requirements regarding the specific use being proposed. \J 2. Submit a site plan [2 full sized and l4 reduced sized (maximum ll"xI7") copies requir€dl, application, and applicable fees to the Emmet County PlaDning Office no later tban !f,!3yg j!igglg.jl[9. @,tob€onthenextmonth-sagenda.(Regularmeetingdateisthelrst Thursday of each month.) 3. Complele and submit a Sits Plan Reyiew Checklist. 4 Complete and submit an Impact St.tement. 5 The applicant should notify ihe Township in which the request is located. 6 The applicant should attend both the Township and County Planning Commission meetings. The Township will review the request and recommend a decision to the County Planning Commission who will then make the final decision.

Emmet Coloty Planning Commission meets the lst Thursday of every month at ?:30 p.m. in the County Commissionels Room, Emmet County Building, 200 Division Street, Petoskey. On occasion, there are meeting date exceptions because ofholidays and special events. t/t

Tke lollo ,ing Township rneztirrgs orc itpictll! held in thei, rerpeclire Town$hip lloli:

Township Regular meetirrg Contnct pe6on Tile

Dennis Keiser Berr Creek last Wednesday ofmonth 7: l5pm Torvnship Supen isor 34i -0592 superv isor@bearcreellorvnship-com

Cynthia Donahey Friendship 4d Monday ofmonth 7pm lownship PC Chair 526-11s7 [email protected]

Littlelield Katie Derrohn last Monday ofmonth ?pm Torvnship l'C Chair 311-1937 (Committcc) [email protected]

SpringYale Jamc5 Scott 4$ Monday ofmonth 7:30pm lbwnship PC Chair 83lt-824It (Committee) [email protected] William Sulton 838-0199 Readmoud 4s Monday ofmonth 7pm [email protected] To\\nship PC Chair

Thefollolring Towr,tthips rcview Ploaning & Zoning reqtesls a, their regula, Townthip ,neetings:

Philip F. Lechowicz tsliss 2 Tucsday ofmonth 7:30pm Township Supen,isor 537-2481 plecho* icz(gllycos.com

Paul ]-eike Carp l,ake l"' Wednesda,v of month 7pm Torvnship Supervisor 531-25t3 cpt€[email protected] Chris Jurek Torvnship Supen'isor 330-3347 Center I" Tucsday ofmooth 7:30pm Susan StArmour lbrvnship Clerk 519.8592 Centertownsh jp20 I [email protected]

Gene Reck 526-941'l Cross Villagc l Tuesd8y ofmonth 7pm Township Super!iso. " gore/@thrcepinesstudio.com

l\laple Ri!er 3'd Monday ofmonth 7:3opm John Llbr Torvnship Supervisor 529-6520

McKinley l'! Wedncsday ?pm Marli I)rier Tolrnship Supcr!..isor 519-8517

Roger Moore Township Supervisor 436-5141 rmoorc@wawalamtownship,org \Yawataft l'- I uesoa] /pm Micheltc Kzrll Township Clerk [email protected] 436-52',t4 M W* c&- r@ 11 effi 4-.. u jt .-*: r "b <, . I 3^.q.1 8+* 4 . { .-* &

LEVEL III REVIE$f fltr{$ a r d,$t$ ridi.,tf T rfl); l\i]'!l $PECIAL USE PERh{IT t-it,ti'_t *!ruJ';, t -ir- r.r i a rt rlq ln (l ?.1atll\!/1 i.\.f, N r*1{-t' I"i-"d*"l r, : ir*\.e {l Au' :\ i I CASE rl*?#r=9& "i RESOURCE h{INThS ERNEST STIER{.INC @ {n0 be l**ared pa:t *{ a?,,{*cre rite i1 ttu*:}l qrxe{* 3S}UmEME}{}S- Reiturce miaiag t* ?1 ffi, T3$N-K4W, carp LakeTari:rship, iyrng east of uraaerR*ad as Tax par**l uumber$ ixclude 24- sh*** o$ the approvd sit* pian sigrd and dated }#Hle$fy. S3-CI6-35-100-el*i, AOe & t*9. The pmnit co'nditions are: * U}* rlt"' "3 {'* 9c* -" c': I within fifty 1. A1 excavatirn work and sand rem*val shalt be prohibited *onr ocrurring {5S} feet of the ProPertY lines. 3. i*nd surface mi:re* shell n*t exceed arr srea of 5 arres' ;: #;J;i;t- -:rJr exceed a sl*pe angl* of one {li f*ot vsrfic&l to thrss t3} fee* horizontatr" Ho haz*rdous rite eonditions sre to be ryeat*d" 4. ii***A grader shsll be unifonnly sloped. &** fi*m disorganired rarth piks axd debris. plan. Si*"lpX*A maierials shall bc confin*d t* the *reas desigrrated cn thc site eondition' S. ?io site c*ndjtions slrsll be left thar u{ll prrsant a hazardous cave-in rertricted to Morrday -- I ;" Tlrr h6|1rs ;top**rioo fsr extraction o@1be *{o p'-t -; s-tu'd'yl, Sundavs' and y:+ d through Friday ?,il;.;. ;;s0 ;;.;Effi rtir*a x:kx-&b ila*rnalg*lidap. % T*,*-t i,A{rA s$-{}e&"he* t'*i. * ?" * %*a'z I rir."I6r St;rftg ront ritor'r q &**"'*, z-*{J' *L;*#{ttud*e ;' {i1,,o' f{\' fi. Th*re wiltr be?o impact on pound lvater' "o*- *i*r, t'g' noise, 9. All applicnble Srat* and feOeral Laws,&'egulatioirs shall be corrplied dust e&. par $eciitn 310?, f ft. gf i rppfi*t* Ordixan*e specification shxll be c*mpliad u'ilh, Paragrap!'r lfi, subparagraph' C end D. pr*grcssive frs thr mining cc'ntinues, and 1 L Site iecianration, *t ,*toouble, shall b* suffrciegt 6psoil shall be rstain*d on the site for use in re-establishing vegetation and reelairning the site.

SIGNED: $ATE: r?&

FERMIT ATPROVAL PER SECTI*N ?I O?-I$ AN} ?HE EMMET COUNTY TLAM'{Th;G CCIMMISSIOh].

SIfrNED: rlArE: " ",.1R.* /3., {-3 lammY Flanning, Zoning- & Construction rces Director Monica Linehan

Frorn: Tanya Procknow Sent: Monday, April08,2019 12:53 PM To: PZCR Subject: Case #PSUPL9-0O5

Dear Emmet County Planning Commission,

We looked over Case #PSUP1g- 005, the request by Spierling for an arnendment to their permit. We are in support of their request. We find that the amendment will not have any negative impact on property owners in the area. This will not have any change in the traffic or impact on the area. We also believe this is a good use of resources for our township.

Tanya R. Procknow Carp Lake Township Clerk 6339 E.6ill Rd. frt*r,urtr Carp Lake Mi, 49718 231.537.2263 rPr $ B ?$,9

Sent fron: Mailfor Windows 10 p,_t#,frm?ffi* ZONING EYALUATION FORM Office ol Planning and Zoning Emmet County, MI

DAIE: O4ll2/20t9 CASE #: PSUPI9-005

APPLICANT: SPIERLINGERNESTMICHAEL

PROPERTY: 6626 N IJS 3l I{WY

TOWNSHIP: CARPLAKE

RIOUESf: Soeciat Us

FACTS: o The request is to amend an existing SUP for Level III Resource Mining and Extraction Operation to allow for expansion into an additional 9.75 acres ofadjoining parcel. r The current SUP applies 1o 3 parcels totaling approximate 20 acres. Expansion would add 1 additional parcel totaling 60 acres. o Mining area proposed to be approximately 26 acres total. . Properry is zoned FF-2 Farm Forest. o Surrounding zoning is FF-2 to the north, east and west with FR l'orest Recreation to the v South. . There are currenily 2 other existing resource mining operations within less than lmilc radius of the proposed expansion. . Depth of extraction to be approximately 30 ft.. down to elevation of 730 ft. or 10 ft. below surf'ace water level. . Request is per Articles 20 artd 2l and Section 26.10 of the Zoning Ordinance for Level III Mining Operation. o Operation meets or exceeds the minimum perimeter setback of 50 feet on ths east, west and south sides olthe Property. r Visual buffer exists from US 31 Hwy. r No new buildings proposed. r Carp Lake Township recommended approval. . No lighting proposed. r Applicant has identified proposed hours of operation as Mon-Friday 7:00am to 6:00pm and Saturdays 7am to 2pm . It appears wetlands may be on the site based on the MEDQ wetland map.

ZONING ORDINANCE STANDARDS:

Section 26.10 Resource Mining, Extraction or Fill 26.10.1 Intent The location of mining and extractive operations are dependent in large part, upon the sites which contain natural deposits of material having economic value, particularly to the construction industry. Sites nearest to the .\7 built-up areas are generally more viable economically, but they would be more sensitive environmentally, because of their close proximity to homes and smaller building sites. The treatment of extractive operations as a special use (conditional) is necessary to build-in the flexibility needed to permil these activities where the resources are found, and a1 the same time, to afford protection to adoiaing properties to the extent necessary with each particular site. Public agsncies, goyernment units, and private operations are included, The following standardS :.-. of Section 26JA apply to all zoning districts:

26J4.2 Site PIan Requirements Site plans for Special Use Permits shall be in accord with the site plan requirernents of Article 20, as applicable to the particular site, and shall in addition show: A. Proposed location, area, extent and depth of excavation or fill.

B. Pertinent time schedules for starting and concluding dates of the proposed operation per Permit.

C. Location of spoils dumps, sediment basins, earth stockpiled and any permanent or temporary machinery or buildings to be used.

D. Roads to be used by any hauling equipment and show all planned ingresslegress points to the excavated area, stockpiled resources, and on-site equipment.

E. A statement on general ground water conditions, including levels and any possible impact on wells in the area.

F. A statement outlining the type of material to be extracted or deposited, the type of mining operation and processing equipment to be used and measures to control noise, pollution, run-off and any steps to relieve any adverse effects to adjoining properties and the environment.

G. Plans and statements outlining all work to be done on site reclamation, assuring that sufficient steps are taken to blend into the surrounding landscape or neighborhood as applicable.

The map scale of the site plan shall be commensurate with the size of the excavation on site, but shall be sufficient to show the site operating details as required by each Permit. 26.10.3 Site Plan Review Levels Required

The site plan review procedures required for an extractiorlfill site will vary with the scope, extent and complexity of the proposed operation. The following site plan review levels shall apply in all Zoning Districts:

C. Level III Site Plan approval by the Planning Commission ifi

l. lntended orprojected extractive/fill sites are larger than three (3) acres and any sites other than those included in Level I and Level II reviews.

2. Operations expected to run longer than (12) twelve months, including long term access to stockpiled resources.

3. tncludes on-site processing machinery, batch plants and other equipment that will be used fbr periods longer than 45 days.

4. Questionable, unusual or special site conditions where the Zoning Administrator determines that Planning Commission review would be appropriate. v 26.l0.4Performance Standards

The following shall apply to all proposed extraction, mining, fill operations:

A. All excavations or extractive work shall maintain a minimum perimeter setback of 50 feet from road right-of-way and all property lines. Controlled work in the 50 feet setback area may be permitted if spoils, over burden, or other earth fill material replaces the resources removed as the work progresses (in cases of a pit).

B. The working face of an excavation shall maintain slope angles sufficient to prevent sloughing, erosion or earth disturbances of any kind of adjoining properties,

C. Leave sufficient native topsoil on the site as a ready resource to be used in reclamation work following excavation/extraction activity, unless a guaranteed replacement plan is approved.

D. Fences, berms, walls, and visual screening devices may be required, if necessary, to protect adjoining properties and/or persons in the vicinity of the site. Factors of safety and aesthetics shall be addressed.

E. The operation of mechanical equipment of any kind may be limited by the day and/or the hour if the site is in a location that directly impacts homes, by creating an operating , nuisance.

F, All structures, equipment, and machinery of any kind shall be considered temporary and shall be removed from the site upon completion of the terms of the Special Use Permit. This item shall not apply to industrially zoned sites.

G. Air pollution, noise, and vibration factors shall be controlled within the limits governed by State and/ or Federal regulations applicable to the facility.

H. If necessary to protect the area, access routes serving the site may be limited as stated on the Permit or as illustrated on the site plan, it being the intent to minimize the exposure of residential streets to earth moving vehicles.

I. The location of earth stockpiles, machinery, equipment and any buildings, shall be approved by Permit but only in terms to protect adjoining properties, and obtain the optimum use of the site. Topography, vegetation, screening devices, and physical isolation from residential properties shall be considered in locating site facilities and earth stockpiles.

26.10.5 Site Reclamation The final grading and land reclamation plan for each permitted excavation shall be in general accordance with the character ofuses and natural features on adjoining lands to the extent practical. Excavations shall be finished with evenly contoured grades to blend in with the adjoining terrain. In Residential Districts, the final grade of an excavation may be required to be brought back to a level determined reasonable to continue future residential development, i.e. as along a cofilmon street or road with adjoining residential land. A. Reclamation and rehabilitation of mined areas shall be accomplished as soon as practicable following the mining or excavation of an area. Where possible, such rehabilitation and reclamation shall be accomplished concurrently with the mining or excavation operations. An altemate reclamation plan may be filed for cases where continuous reclamation is not practiced or feasible, and a surety bond is provided.

B. Excavations which encounter ground water or trap surface water, shall be treated in one or more of the following, as applicable to a particular situation:

C. Stagnant water conditions shall not be permitted to continue and back filling with approved materials may be required.

D. Where water is to remain, either by planned re-use or because no other option exists, the depth shall be suflicient to avoid stagnation, and the shoreline and bottom land grade shall be uniform at one ft. vertical to five ft. horizontal (1:5). The water depth shall be posted.

E. Depending on the nearness of residential neighborhoods, and access by children, the created water body may be required to be safety fenced, posted for no trespassing, or similar safety precautions considered appropriate for the site.

F. The final banks of all excavations shall be sloped at a grade which is not steeper than one (1) ft. vertical to three (3) ft. horizontal (1:3) from the top to the pit bottom, or otherwise be established to blend in with the adjacent terrain and/or stabilize at the soils natural angle ofrepose.

G. Top soil of a quality equal to that occurring naturally in the area shall be replaced on excavated areas not covered by water, except where streets, beaches, or other planned improvements are desired. Where used, top soil shall be applied to a depth suf{icient to support vegetation.

H. Vegetation may be required to be restored by seeding of grasses or sodding and/or the planting oftrees and shrubs.

I. Upon cessation of mining operations, and within a reasonable period of time not to exceed 24 months, all plant structures, buildings, and equipment shall be removed, except for that necessary to manage on-site stockpiled materials. This does not preclude a restart at another time upon permit renewal.

Specific site reclamation requirements may vary somewhat depending on the location of the site in terms of its exposure to view, physical isolation, influence on residential areas, sensitivity to the natural environment, and/or re-use potential (or plan). The Planning Commission shall rule on such variations with reasons stated.

26.10.5 Special Use Permit

A. Nonconforming mining operations, those which are active or have been active within the last14months, and established as a business operation, shall not require a permit, provided such operations do not increase their nonconformity relative to the performance standards of this Ordinance, and no hazardous site conditions are maintained. No such operation, however, shall extend into &e required 50 feet setback area and precautions shall be taken to avoid leaving hazardous conditions.

B. To avoid duplication, the Zoning Administrator may accept the documents required for permits under Soil Erosion and Sedimentation Control, Part 9l of 1994 PA 45 1 , as amended, provided, the terms, standards, and review requirements of the Zoning Ordinance are complied with. Any extraction or filIoperation subject to regulations and licensing under state law, shall be exempt from zoning laws where such exemption is extended by state law.

C. Permits shall contain the lull extent of the operation as specified in each Permit, and any deviation or enlargement of the scope of operation shall require a separate Permit.

26.1 0.6 Performance Guarantees

In those instances, where in the opinion of the Planning Commission or Zoning Administrator, a resource excavation/fill operation entails extensive reclamation work and/or safety precautions, financial guarantees or ilssurances as prescribed in Section 20.08 of the Zoning Ordinance may be required as a condition to issuing a Special Use Permit under the terms of this Ordinance.

In lieu of a bond requirement or financial guarantee, the Planning Comrnission may substitute a staged or phased excavation program wherein performance on reclamation shall be substantially completed bef

'Io approve Case #PSUPl9-005. Ernest and Mike Spierling for an amendment to the Level III Resource Mining and Extraction Operation Special Use Permit loeated at 6626 N US-31 FIwy, Section 35, Carp Lake Township, tax parcels 24-03-06-35-100-005,100-006 &100-009 because it meets the standards of the Zoning Ordinance as shor.ln on the Site Plan dated Received March 2l,2019,because the township recommended approval, and subject to the conditions of the Draft permit dated received March 21,?019 and (other conditions or statement affacts may be inserted here).

To deny Case #PSUP19-005, Ernest and Mike Spierling for an amendment to the Level III Resource Mining and Extraction Operation Special Use Permit located at 6626 N US-31 l{rvy, Section 35, Carp Lake Township. tax parcels 24-03-06-35-100-005,100-006 &100-009, as shown on the Site Plan dated Received March 21,2079 for the following reasonsr (reasons may be added here).

'I'o postpone until the next regular Planning Commission meeting Case #PSUPl9-005, Ernest and Mike Spierling for an amendment to the Level III Resource Mining and Extraction Operation Special Use Permit located at 6626 N US-31 Hwy, Section 35, Carp Lake Township, tax parcels 24-03-06-35-100-005,100-006 &100-009, as shown on the Site Plan dated Received March 21,2019 for the following reasons: to allow the applicant time to provide additional intbrmation.

REQUEST

PPUD19-OO2 A request by Dave McBride for an amendment to the Planned Unit Development (PUD) at7320 M-68 Hwy, Section 11, Littlefield Township. The property is zoned FF-l Farm and Forest with a PUD-I overlay and is tax parcel 24-07-17-ll-300-020. The request is to add to the Farm and Forest uses to allow storage buildings; outdoor storage; residential, commercial and condominium storage; commercial service businesses; and contractor's uses. The request is per Article l7 of the Zoning Ordinance.

LOCATION T ; lf lrtt I L T

E I L- . r F ff t: SUBJECTE{ bl lLl'l= F; .r_ lj_ r EIIJIJ.dLJ: :8, 't.

.\ CASE #PPUD1g.OO2 7320 M-68 HWY

it00402 ft 400-003 6

300-0?0

SUBJECT PARCEL

Plan prepared by feet - Pranning and zoning 1in=40( SiiTS )Ji* Date:412f ) APPLICATION FOR ZONING ACTIOII EIIMETCOIINTY OfFICf, OF PLANNING, ZONING. AND CONSTRIICTION RESOURCES !a3a HARBOR-PET(XKEY XD, SITITE E. tIARBOR SPRINGs. Ml a97.10 PHONE: (ZJl ) 3aa{ 735 FAX: (2J I ) 4J9{9JJ EM AIL: II!SIaSE!!SIS9C!!I4IC APRllItrt DATE RECI-]IVED l-twots,nz s-z-oc: ., l',:XHi]-rntr FEE DATE PAID Pl,t^Sf, lt{XE CliEatis PAr',rSl,a loi €ililET COtN't Appficanfs Na e 7-".r JU!4AAe: r*n z 3:t_:84__Z_09,2 Appli.?I,tt's /(dn .s! s ll-tr? 7€ fo )kE -22 c.con Applicrnas Em.il Addl6 T)A.rE @ tLl( EIdt- a?t J//,)L,AaJ -tudL P*,* 4{ Fer il|a (\".",',^dd,.,, ztX? 4 tt? @oste./ . LF tlfO o**t e^-;t r.u*s e4l.fft -lAai{LY. .t()BslI1l.(xdtt()\: Township: Z. rr,tta. t',;/c/ 'f a,

Drr. Submixcrl Elcvlri,I Dr.wing Enginc.rcd Dninq! Phr _ liE Depl AppN.t r Soil Erosion Pcrmit Wdlands Permit Hahh Dcpt. Appmvru RoadCommission/ D MIX)I Anprcval O$!E As ow/ud or.pplrcdr .rpr.*iring fi. ownc( do- do nor _ !u bdz. Emmd County (st fr. appoinr.d bond. ,trd/or commissior.B. or omminc. mlmb.rsYlo. cr rh€ subj.cr pmrEn! for purpor.s of m,tin8 ',pon inspectio$ rclard to E proj.d or r.qucst idcntilied in rhis lpptic ion. rfarfioriz.d,sucb in+clions or sire- *.lks shall bc conductld .t rE lon$lc hou6.nd lim.s.

dl thribor. infomrriM ir r.t[r.l. ro nr full6t lno$l.dr.: -/, .4'!4{ DdvD t Ltc /J /2 t /4 / lH.dNamcofApplicd I Dire <*( 'rdlq E c-/-/, i\ Sigmtua of Prop€iy O$ner Prina.d NaEG ofProp.ny O$ncf Dale MEMORANDUM Emmet County OfTicc of Planning, Zoning. and Ordinance Enforcement

To: Whom it may concern

From: Emmet County Office of Planning, Zoning, and Construction Resources

Re: Submittal of Requests for Zoning Action

The Emmet County Oflice of Planning and Zoning is enforcing thc following policies regarding Zoning Action requests:

. All Special Use Permit, PUD, Rezoning. and Site Plan Review requests must be received 3! drvs orior to the meetins dete to be on the next month's agenda. Planning Commission meetings are scheduled for the I " Thursday of the month. Submittal of requests must include a complete application, site plan, appropriate fees. site plan review check sheet, and impact statement.

. lt is strongly uqged that draft preliminary plans be submitted for staffreview prior to investing in final engineered drawings that would accompany formal application materials. i--a . The Site Plan Review Check Sheet must be complete. Requirements which are not included with the submittal, or items which are not applicable. must be explained in the appropriate location on \.-l the check sheet.

. lf all of the required applicable materials are not submitted by the applicable deadline, the request will not be processed and it will be returned to the sender.

. NO FAXED COPIES ARE ACCEPTED as official submittals.

. Having the conect information prior to design will save time and money; please call our office" 23t-348-1735, to confirm the zoning district of a parcel. allowed uses, and other requirements for the zoning district.

_l ZONING EVALUATION FONU Office ofPlanning and Zoning Emmet County, MI

DATE: 04/12/2019 CASE #: PPUD19-002

APPLICANT: David McBride for Jim Temple

PROPERTY: 7320 M-68 HWY

TOWNSHIP: LITTLEFIELI)

REOUF.ST: PlannedUnitDevelopment-amendment

FACTSI . The PUD amendment is for 1 parcel totaling approximately 10.4 acres. o The property to the north is part of the PUD encompassing 20 acres total. . The property adjacent to the east is also a I'UD. . The surrounding zoning is FF-l. Fatm llorest. . The proposal is to add to the Farm Forest uses to allow storage buildings. outdoor storage, residential, commercial and condominium stotage, commercial service business. and contractor's uses. o This is a Preliminary PUD review-rezoning- The township approval is necessary. Final approval is by the Emmet County Board of Commissioners. r If the Preliminary PUD is approved, then the applicant could proceed with a Final PUD Plan and Site Plan Revierv by the Planning Commission. o Surrounding uses include commercial and residential uses. . The Emmet County Master Plan and Future Land Use Map show this area as Low Density Residential o I-ittlefield Township recommendation pending.

ZONING ORDINANCE STANDARDS:

SEE PIID STANDARDS (10 pages)

27.11.1 Rezoning Standards

'Itre Planning Commission shall review and apply the following stzmdards and factors in the consideration of any rezoning request.

A. Is the proposed rezoning consistent with the current Master Plan?

B. Are a1l ofthe allorvable uses in the proposed districl reasonably consistent with surrounding uses?

C. Will there be an adverse physical impact on surrounding properties?

D. Have there been changes in land use or other conditions in the immediate area or in the community in general which justify rezoning? E. Will rszoning create a deterrent to the improvement or development of adjacent property in accord with existing regulations?

F. Will rezoning grant a special privilege to an individual property owner when contrasted with other property or*rlers in the area or the general public (i.e. will rezoning result in spot zoning)?

G. What is the impact on the ability of the County and other governmental agencies to provide adequate public services and facilities, and/or progfirms that might reasonably be required in thc future if the proposed amendment is adopted?

H. A zoning ordinance amendment approved by the Planning Commission shall not increase any inconsistency that may exist between the zoning ordinance or structures or uses and any airport zoning regulations, airport layout plan, or airport approach plan.

Draft Motions:

To recommend approval to the Board of Commissioners of PPUD19-002. Dave McBride for Jim Temple tbr a Preliminary Planned Unit Development Rezoning on property located at7320 M-68 Hr.vy, Section 11, Liulefield'Iownship, tax parcel A7-fi-11-300-020 as shown on the Proposed PUD - Preliminary f)evelopment Plans dated Received April 2,2019 because the standards for the PUD and a Rezoning have been met. The uses include storage buildings, outdoor storage, residential. commercial and condominium storage, commercial service businesses and contractor's uses as sho*n on the Preliminary PUD Plan and FF-i uses. Approval is based on the facts presented in this case, the proposed rezoning is consistent with the Emmet County Master Plan, the uses are consistent with surrounding uses, there would not be an adverse impact on surrounding properties, it would not create a deterrent to the improvement of adjacent properties, access is via a private road off a state highway, (olher conditions or slatement oJ'"facts may he inserted here).

To recommend denial to the Board of Commissioners of PPUD19-002. Dave McBride for Jim Temple for a Preliminary Planned Unit Development Rezoning on property located at 7320 M- 68 Hwy, Section 11, Littlef-reld Township, tax parcel 07-17-11-300-020 as shown on the Proposed PUD - Preliminary Development Plans dated Received April 2,2019 for the lbllowing reasons (other condition.r or statements offacts may be inserted here)

To postponc until the next regular Planning Commission meeting to the Board of Conrmissioners of PPUDI9-002,Dave McBride for Jim Temple for a Preliminary Plarured Unit Development Rezoning on property located at7320 M-68 Hwy, Section 11, Littlefield Tormrship, tax parcel A7-17-11-300-020 as shown on the Proposed PUD - Preliminary Development Plans dated Received April 2,2019 based on the policy of the Planning Commission to allow additional time for rezoning reviews (additional reasons may be added here).

REQUEST PSPR19-OOI A request by Phil & Kristin Schaner for Site Plan Review-amendment to allow development of a hotel/motel/motor inn ("Lodge & Villas") on vacant property located at 1256 N US 3l Hwy in Section 34 of Bear Creek Township. The property is tax parcel 24-01-16-34-100-027 and is zoned R-2 General Residential. The Special Land Use was approved by the Planning Commission on November 3, 2016. Site Plan Review was approved with conditions on 111212017. This request increases the number of rental units, but decreases the number of structures and is per Articles 5,20, and22 of the Zoning Ordinance.

LOCATION

APPLICATION FOR Z.ONING ACTION EM M ET COIJNTY OFFICE OF PLANNI NG, ZONI.T..G, {€}S . ANDCONSTRUCTIONRESOURCES 3434 HARBOR-PETOSKEY RD, SUITE E, HARBOR SPR|NGS, IUI 49740 PHONf,: (231) 34E-1735 FAX: (23t) t39-8933 EMAIL: Dzcrg'c!1t:r1-tg(,!tn!Letg _t{ -t:-!3- DATE RECEIVED .APPLICATION f $--!E -roq- l- lq FEE DATE PAID PLEASE MAKE CHEChS PAYABLE TO: F,UMET-q- COtrfiTY tlSf--'LLo" Applicant's Name F!..i \r; $, d- V.^ir.ri^ ar xr,-rf- Phorrc clsj.ri f# Applicant's.tddress Lc''L. 3L8tr r-,:^v.rn;cr P-t

Ouner's Name 1r\ ru* f Phone

O*ner's Address

Or,rner's Email Address @

JOB SITE LOCATION: Township: *e.:--- C:-wA ZONTNG R"EOUEST: Planning Commlssion: Describe Request: Special Use Permit tr Site Plan Reliew r Planned Unit Development o Zoning Map Change o Zoning Text Change o tPlersc REOUT RED USl: I NI'ORM ATION attlch r sitc/plot plen to sf,ou; property dimuslors; frotrt, rcrr. rnd sidc Ground floor area main building: _ .- _ _Sq. Ft. yrrd setbrclrs; strccts. roeds, Floor Area accessory-buitding: Sq. Ft. rnd rll buildingr on thc lot. Lot/Parcel Size: Acres ---- Ft. ! I !b ' ____.Sq. Ro'icn Scction 2405 of lhe Z-oning Site/Plot Pte, reqri.cd* Ordinencc for Sitc Pleo 2 full sizcd & lil reduccd sizcd (mex lt"r17") tt',ID site phns rrquired for Plennirg Commission ceses. L,, L

Date Submitted Date Submitted APR O (q,J Elevation Drawing o Site Inventory 3 Engineercd Drainage Plan tr Firc Dept Approval o !llJry Soil Erosion Permit E Wetlands o -,_ 1r'tt\t Permit *e. r.. rV1 Health Dept. Approval/ o Road Commission/ o Sewer Taps MDOT Approval Othcr As o*ner/und or applicant rcpresenting the ouner, f doll do not authorizc Emmct County (stafl appointed board. and/or commissiorrcrs, or committee members) to enter upon- the subject property for purposcs of making inspections related to the project or request identified in this application. lf authorized, suc-h inspectiom or site- walks shall be conducted at reasonable hours and times.

"-;':r"-'-""f"""'-'l_:'--"-_I certify thet ell thf, above informetjon is .ccur.te -'7i;, to my fullest knowledge: .i:-""C::: 4 /, i t 7 Signature of Appliiant Printcd Namc of Applicant ' ' Date -{ ttiq Printed Name of Property Owner Date ,,1 tr-..r \c v-iJ-Y\..'r ,l ri RECEiT'ED

gscNllED API 0 I 2019 EI,4M=T CC'JNTY \'/ PLANNTNG- & ZONtiJG SITE PLAN REVIEW CHECKLIST cese#-1PlfP-11- oal Dale Received Lt-i- 1")

Su biect Property Addre ss ___rZ_gC_&--U5:tl_Ag. Subdivision and Lot Number (lf Applicable) Tax Parcel Number: 2419!:!L-!l_--_!-9e-----ezz- Township Enae. Proposed Use of Property a-otoaaa)t- V*ttt'at Number of

CHECKI,IST Basic Map !nformation Yes No N/A Comments

Proposed site location map (indicate suflicient area refetence to 1 locate site) May use plat map, Google map or othe, map to idenlity parcel.

2 Appropriate scale

Date, North Anow' Street Names (existing and proposed .ight-of- 3 ways)-

4 Name, Address and Phone Number of person preparing plan

5 Property line dimensions

Basic Zoning lnformation

ZonirE setback lirles -Building (including the eavo) Setbacks: 6 Front Side_Side_ Rear/water

7 Distance between buildings (nearest point to nearest- point)

Location of new buildings and general lloor plan Dimensions of 8 bldg.(s)= )( Totalsq.ft.=-

Proposed building elevations (to scale) Max. Height =-

All existing structures (hbeled) within 100 ,eet of perimeter 10 property lines

Multiple housing units -Number of units = composition 11 (efticiency, one bedroom, two, th.ee)

't2 Sunounding zoning (properties immediale-, to subject site)

13 Lot coverage ol proposed buildings = RECIHiUrD

APi 0 I 20lc EIIM:T CCUNTY PLANNING & ZONII{G

Natural Features yes No N/A CommGnts

Boundaries ol ex6ting mtural features (trees. lakes, ponds, 14 st eams, roct outrroppings. severe topography, we(ands, woodlands, etc.).

15 Has a w€tland pemit been applied lof

16 Existing topog,aphy

17 Soil analysis ls it in a Crilical Dune Area?

18 Site lnventory provided?

19 Are there scenic view considerataons?

Drainage / Parking/ Roads

Access drives, intemal roads (note public or private) service 20 roads. Width of Right-of-Way =-

21 Loading/unloading, se.vice areas

Sidewalks, paths. aod trails (intemal and puuic wilhin road right- of-ways).

Acceleration/deceleration lanes

24 Road agency approval?

Parking areas (damensioned typical patking space, maneuvering lanes)

Parking spaces required-, parking spaces 26 aclual- Handicap parting locatlon and numb€r-

27 Required landscaping in pa,king areas

28 Snow storage/snow managernent plan

Dumpster location, screening indication

30 Existing easernents (utility. access) within site limils

31 Location of Wate/well, Setyer/septic, and stormwater

Site qradinq aM drainage plan (on-site elevations for pavements. 32 drives, roads, parking lots, curbs, sidewalks and finished g.ades al building ,acades) Attach a sealed Engineered Drainage Plan.

33 Proposed relention/detentioo sedimeniation ponds Oiher Site Requirements No

Proposed landscaping (required grcenbelts. plant mateials/size and lype. fenccs, rclaining walls, earlhberhs. e:c.)

pole 35 Local'(l of ouldoor lighls, heights, bo ards. buildtnq attached. luminary shielding techneues.

36 Locatrql ofsiqn(s)'

37 Sitc amenitros (pby r.oa. pods. beaches, tennis cou.ts elc.).

38 lmpacl slatem€nt a ached?

39 Fire D€partment approvd? Drcw;vrtv 40 Fire hydrdnls snd fre vehide acoess.

41 Road Agenry approval?

42 Health agency apF,roval? uN8. RENEfl .r3 Arhy Corps of Engineers epproval?

.1.1 t\richigan Depa(ment of Eavionmental Oually aprfo l? rSigns and li9ht6 wil n."a to i. .pp-r"a ty thc Emmer County Sign righri;;;;;H". ADDITIONAL COMMENTS: "na nf Cfii';D

APR O I ?CI' .'.il({$i[?rifi"

)>.=--- Applicants Signature bu-+ S".--- ol,,/ ,, .gscAilt{Eo flf f,[i;';D

APR 0 I ?0t9 IMPACT STATEMENT FoR SITE PLAN REvIE\il r,5fjii^,L,,_,r-r",..L.

APPLICANT'S naue ntiuL r'xninlw. cnse#-fif F.-!3-'l!l

PHONE NUMBER 152- zzo- acso onte t,/ts/tg

PROJECT TITLE PRoA,sEb l-"rc I Ytctls

PROPERW TAX ID # orz*er-roo-ozz ToWNSHIP--/1414j49_

OIRECTIONS TO APPLICANT BELOW ARE THE REOUIREMENTS TO CONFORM TO SECTION 20.04, IMPACT STATEMENT, OF THE EMMET COUNTY ZONING ORDINANCE #15.1. THESE ITEMS MUST BE ADDRESSED AND SUBMITTED WITH THE SITE PLAN AT LEAST 24 DAYS PRIOR TO THE PLANNING COMMISSION MEETING IN ORDER TO BE PLACED ON THE FOLLOWING MONTH'S AGENDA. (REGULAR MEETING DATE IS THE FIRST THURSDAY OF THE MONTH.) ITEMS LISTED ARE MINIMUM REOUIREMENTS, AND AODITIONAL INFORMATION MAY BE SUBMITTEO TO DESCRIBE THE PROJECT IMPACT.

1. PROJECT DESCRIPTION Give a description of the proposed development including: Site area, number of proposed lots and/or units, population density, other pertinent population data, vehicle traffic, and related.

The proposal is for a lodge building and (12) villas consisting of (6) duplexes for vacalion rental type use. The property size is +l- 2.28 acres. There will be several full and/or part-time employees, and tempora obs created for design professionals and construction contractors. There will not likely be school impacUadditional students. There will be addilional demand for sanitary service. There will be some additional traffic on local roads. Site drainage will be retained on-site. There will be no pollution, and minimal additional noise. nf ;Ii'j.:D APR 0l ?otc \-/

2. EXPECTED DEMANOS ON COMMUNITY SERVICES piill;..,;iC; ., .t Explain what the impact will be on the following community services and describe how services will be provided (if applicable): a. Sanitary Services CqtGct f\ Ay')eat Se*e b. Domestic Water P".poscJ ,*crt i 4itli6ofi"; *tlca,

c. Traffic Volumes rlddt l*ul /o-Zo qr, 2c.4q d. Schools Ncac e. Fire Protection ly'toc

3. ENVIRONMENTAL IMPACTS lnclude statements relative to the impact of the proposed development on (if applicable): a. Soil Etosion Neao

b. Storm Drainage tlc.tlr,r.l oa- St(e

c. Shoreline Prctection il/A d. Wildlife lt1ta r,aa I Jap,t

e. Air Pollution l{oae

f. Water Pollution lvl63

g. lVoise lVc ae ZONING EVALUATION FORM Office ofPlanning and Zoning Emmet County, MI

DATE: 04/1112019 CASE #: PSPR19-001

APPLICANT: SCHANER PHILLIP & KRISTIN

PROPERTY: 1256 PIRATES WAY

TOWNSHIP: BEARCREEK

REQUEST: Site Plan Review - Amendment

FACTS: . The propertY is zoned R-2 General Residential. o The property is approximately 2.25 actes in area- The undeveloped public road right-of-way that would have provided access to the property has been abandoned by the Emmet County Road Commission. The use proposed, villas and lodge, was approved in 2016 through Special Use Permit process in the category ofhotels & motels & motor inns (attached or detached units). This use is a Special Use in the Zoning District, provided the standards of Sections 21.01 and 26 .23 can be met. The site plan with 10 villas was reviewed and approved by the Planning Commission November 2017. The applicant is requesting to change from 10 single unit structures to 6 structures with 2 units in each. a The site has the Tannery Creek running through it on the west side. a The site is partially wooded. a Access is proposed via an easement access through Pirate's Cove and the Burger King properties. Recorded easement provided. Setback standards appear to be met on the site pian. The proposal is for a lodge building which would include the owner's residence plus 6 free standing buildings approximately 1296 sq. ft. each, with height of 18 ft. With 2 units in each structure. Adjacent uses include: Pirate's CovelPro Build to the north, golfcourse to the west, vacant land then hoteVmotel to the east, vacant and single family residential to the south. The property borders B-2 to the north, R-2 to the east, and R-l to the south and west. 14 required: 22 provided based on no meeting room or restaurant in lodge. The required parking for the use is 2 for the dwelling plus 1 for each sleeping room in the 6 buildings Bike parking provided. a Parking is in centralized area with pedestrian access provided to each unit. a North property line to have 6 ft. high privacy fence, east & south property lines to have 3 ft. high split rail fence as noted in reference material dated Received September 8,2017 . Dumpster to be screened and covered with, block, brick, wood, & steel as noted in reference material dated Received September 8,2017 .

Section 26.23 Motels, Tourist Homes, and Motor Inns 26.23.1R-2 A. There shall be direct access to a County Primary road, city major street, village major street, or State Trunkline Highway, as opposed to a County local road, city minor street, village minor street, designated on the 1951 PA 5 1, as amended, (MCL 247 -651 et seq.) certification maps filed with the Michigan Deparknent of Transportation. Direct access will be provided via an easement from US 3I Hwy. Eosement provided which satisfies Special Use Permit condition of approval.

B. The minimum lot width shall be one-hundred frfty (150) feet. This standard is met... the lot is 332.36'wide.

Parking requirements: The required parking for the use is 2 for the dwelling plus I for each sleeping room in the 6 buildings plus I per 150 sq. ft. of meeting room or restaurant. Floor plan doesn't clearly identiS uses within the lodge. Twenty-two parking spaces provided, fourteen required for the lodge as a dwelling only and the 12 rental units. Parking space size meets the Ordinance standards. Bicycle parking area is provided as required by the Ordinance. All other aspects of the current parking standards, snow storage, LID vegetated swale, etc. appear to be met.

Section 20.05 Site Plan Review Standards The Planning Commission shall approve, or approve with conditions, an application for a site plan only upon a finding that the proposed site plan complies with all applicable provisions of this Ordinance and the standards and considerations listed below unless the Planning Commission waives a particular standard upon a finding that the standard is not applicable to the proposed development under consideration and the waiver of that standard will not be significantly detrimental to surrounding property or to the intent of the Ordinance.

A. Compliance with District Requirements The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, yard space, density and all other requirements as set forth in the Zoning Ordinance, unless otherwise provided. The setback standards show that they're meL The site should be staked and setbaclcs verified as the minimum setback standards are being proposedfor all sides of the property. Height of lodge stated j0 at feet; heights of villas stated at l8 feet - meeting height standards.

B. Vehicular and Pedestrian Circulation Safe, convenient, uncontested, and well-defined vehicular and pedestrian circulation shall be provided for ingress/egress points and within the site. A pedestrian circulation system shall be provided and shall be as insulated as completely as reasonably possible from the vehicular circulation system. Drives, streets and other circulation routes shall be designed to promote safe and efficient traffic operations within the site and at ingress/egress points. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. Streets and drives which are part of an existing or planned street pattern which serves the project area shall be capable of safely and effectively accommodating the traffrc volume and pattern proposed by the project. Where possible, shared commercial access drives shall be encouraged. This standard appears to be meL Parking is in centralized area with pedestrian access provided to each rental unit. Signage will be needed at the highway so that users can identify the location for the lodgingfacility. Access easement proposed to be 40 feet wide.

1. Walkways from parking areas to building entrances a. Intemal pedestriar walkways shall be developed for persons who need access to the building(s) from intemal parking areas. The walkways shall be located within the parking areas and shall be designed to provide access from these areas to the entrances ofthe building(s).

b. The walkways shall be designed to separate people fiom moving vehicles.

c. These wallcways shall have a minimum width of five (5) feet with no car overhang or other obstruction.

d. The walkways must be designed in accordance with the Michigan Barrier Free Design Standards.

e. These waikways shali be distinguished from the parking and driving areas by use of any of the following materials: special pavers, bricks, raised elevation or scored concrete. Other materials may be used if they are appropriate to the overall design of the site and building and acceptable to the review authority.

C. Emergency Vehicle Access A11 buildings or groups ofbuildings shail be so arranged as to permit emergency vehicle access by some practical means to all sides. Plan provided lo fire chieffor review.

D. Loading and Storage All loading and unloading areas and outside storage areas which face or are visible from residential dishicts or public thoroughfares, shall be screened, by a vertical screen consisting of structural or plant materials of sufficient height to obscure the direct view from adjacent first floor elevations. The site plan shall provide for adequate storage space for the use therein. N/A

E. Snow Storage Proper snow storage areas shall be provided so to not adversely affect neighboring properties, vehicular and pedestrian clear vision, and parking area capacity. Snow storage provided adjacent to parking area with adequate area as required by parking standards.

F. Buffers To provide reasonable visual and sound privacy, buffer techniques, screening, fences, walls, greenbelts, and landscaping may be required by the Planning Commission ir pursuance of the objectives ofthis Section and./or as a condition ofthe establishment of the proposed use.

Privacy fence proposed along north property line 6 ft. in height. Fencing shown along east and south property lines is cedar split rail fence. Recommend natural screening be maintained around east and south boundaries. Recommend natural vegetation be mdintdined along sixty foot Tannery Creek setback G. Drainage Storm water drainage plans shall address flows onto the site from adjacent sites and roads, storm water impact on the site (soils, impervious surfaces, potential impervious surface, retention ponds, detention ponds, and related management facilities as appropriate), and the storm water outfall, or flow control into adjacent drainage courses, ditches and the like.

The drainage plan shall indicate the manner in which surface drainage is to be disposed of. This may require making use of the existing ditches, natural watercourses, or constructing tributaries, but shall not result in storm water that exits the detention pond and./or property site at an erosive velocity. Additional hard surfaces proposed for a site must provide for detention and/or retention. The minimum requirements for retention and detention facilities are as follows: For sandy sites the volume of retention and/or detention shall be equal to the volume of 1 and ll2" of water depth multiplied by the area of additional hard surface. For all sites other than sand, the volume of the retention and/or detention shall be equal to the volume generated from 2" of water depth multiplied by the area of additional hard surface. Both detention and retention facilities must be designed to assure that water is released within 72 hours. Detention facilities are to have a pipe no larger than 4"exiting the ponds at a grade no greater than loh.

A11 storm water drainage plans shall be sealed by a Michigan Registered Professional Civil Engineer. The Planning Commission may waive the requirement, defer the requirement, or determine that a fully engineered storm drainage plan is not necessary, or -' can be deferred to a future date. Improvement guarantees shall be required, unless waived by the Planning Commission, for all storm water drainage plans in the form and amount acceptable by the Planning Commission to guarantee completion of the project in accordance with the conditions of the zoning permit. The performance guarantee will be released upon final inspection and approval by the ZorungAdministrator, and receipt of sealed as built plans for storm water drainage.

Storm water retention basins designed to keep a fixed pool of water shall include one or more of the following safety features: 1) safety ledge(s) at least (10) feet wide at the basin perimeter, 2) vegetation surrounding the basin to discourage wading, or 3) fencing to prevent unauthorized access to basin.

Sandy, for the purpose of this Section, shall be defined as soils that meet a percolation rate consistent with the Emmet County Sanitary Code of 0 to I 5 minutes.

Sealed drainage plan provided. Estimated cost from engineer for drainoge system : $3000.

H. Spaces, Rights-Of-Woy, Easements Spaces, rights-of-way, easements, and related site plan elements needed to serve the proposed use or development for such services as fire protection, sanitary sewers, water supplies, solid waste, storm drainage systems, and related. Graphic and recorded easement provided.

I. Waste Receptacles Waste receptacle and enclosure requirements l. Receptacles, includhg waste receptacles, waste compactors, and recycling bins shall be designed, constructed, and maintained according to the requirements of this Section.

2.Waste receptacles, including dumpsters or compactors, shall be required for all nonresidential uses unless interior facilities are provided. The requirement to provide a waste receptacle may be waived by the plaming commission if the applicant provides documentation that the development will not necessitate a waste receptacle.

3. All outdoor waste receptacles shall be enclosed on three (3) sides and screened. The enclosure sha1l be constructed ofbrick or decorative concrete material, consistent with the building materials of the principal building.

4. The enclosure shall also include a gate, made ofwood or other high quaJity material, as determined by the plaruring commission, on the fourth side. If the waste receptacle is a dumpster it must have an enclosing lid or cover.

5. The enclosure shall have a minimum height of six (6) feet or one (l) foot above the height of the waste receptacle, whichever is greater, but may not be less than four (4) feet in height.

6.Waste receptacles and enclosures shall be located in the rear yard, not closer than three (3) feet from the rear lot iine, or non-required side yard, unless otherwise approved by the planning commission and shall be as far as practical, but in no case be less than twenty (20) feet, from any residential district. If practical, the back side ofthe waste receptacle enclosure should be placed against the building. In this circumstance the wall may act as one (1) side of the enclosure.

7. Waste receptacles shall be easily accessed by refuse vehicles without potential to damage automobiles parked in designated parking spaces or interfering with the normal movement of vehicles on or offthe site. See details regarding dumpster enclosure. It appears to meet the standards of this section and includes a roof over the trash receptacles.

J. Mechanical or Electrical Equipment Mechanical or electrical equipment requirements.

l. Ground mounted mechanical or electrical equipment, such as blowers, ventilating fans, and air conditioning units are permitted only in side yards or in the rear yard.

2. Mechanical or electrical equipment shall be placed no closer than three (3) feet to any lot line.

3. Any ground, building, or roof mounted mechanical or electrical equipment or utilities, including water and gas meters, propane tanks, utility boxes, transformers, elevator housings, stairways, tanks, heating, ventilation and air conditioning equipment (fryAC), and other similar equipment, shall comply with the following standards:

a. All such equipment shall be screened by a solid wall, fence, landscaping, and/or architectural features that are compatible in appearance with the principal buildhg. b. Roof mounted equipment shall not exceed a height often (10) feet above the surrounding roof surface. All roof mounted mechanical units must be screened so they are not visible from ground level, even ifnot specifically addressed as part of site plan review.

This does not appear to be applicable.

Draft Motions: To approve Case #PSPR19-001, Phil & Kirstin Schaner for Site Plan Review-amendment to allow development of a hoteVmoteVmotor ir (Lodge & Villa) on property located at 1256 N US 31 Hwy, Section 34, Bear Creek Township, tax parcel 24-01-16-34-100-027, as shown on the Site Plan and supplemental details regarding fences, trash storage container, and elevation sketches all dated Received Sept 8, 2017 and the Site Plan dated Received April 2, 2019 because the standards of Articles 5,20,21, and 26 have been met with the following conditions: that the parcel may not be reduced in lot width below 150 feet, the existing vegetation will be retained in the setback areas to the greatest extent possible, that the use ofthe lodge is limited to single family dwelling and the common area in the lodge may only be used as accessory to the residence and 6 villas and the meeting area will be limited to 900 sq.ft., that lights and signs be reviewed as required by the Zontng Ordinance, that a performance guarantee in the amount of $3,000 be provided as required for the drainage standards (Section 25.05 G), that the lodge roof run off goes into the catch basin, that the road be brought up to the Private Road standards and be hard surface as well as the sidewalks and parking be hard surface, that Sec. 2205 is adhered to and they will not create a public nuisance, that the applicant would be required to retum to the Planning Commission for review ofany additional uses, that the lot lines are clearly identified prior issuance of a zoning permit and that the Fire Department requirements be met (other conditions or statement of facts may be inserted here).

To deny Case #PSPR19-001, Phil & Kirstin Schaner for Site Plan Review-amendment for a hoteVmoteVmotor inn on property located at 1256 N US 31 Hwy, Section 34, Bear Creek Township, tax parcel 24-01-16-34-100-027, as shown on the amended Site Plan dated Received Apt',l 2,2019 because (reasons must be added here).

To postpone Case #PSPRI9-001, Phil & Kirstin Schaner for Site Plan Review for a hotel/moteVmotor inn on property located at 1256 N US 31 Hwy, Section 34, Bear Creek Township, tax p arcel24-01-16-34-100-027 , as shown on the revised Site Plan dated Received Aprll2,2019 until the next regular Planning Commission meeting for the following reasons: to allow the applicant time to provide additional information.

REQUEST PPUDI9-OO3 A request by Ralph Dubey for Wolverine Interstale Properties LLC for a Preliminary and Final Planned Unit Development- I (PUD-I) Amendment to allow a change of use for 347 Creekside Dr., Section 4, Bear Creek Township. The poperty is tax parcel 24-0 I - I 9-04-23 I - I 03 and is zoned B-l General Residential with a PUD-I Overlay. The proposal would be to add uses consistent with the property to the south including offices, financial institutions, retail and personal service establishments. Review includes Site Plan Review and is per Article 17, 20 and 22 ofthe Zoning Ordinance.

LOCATION

CASE #PPUD19-O03 347 CREEKSIDE DR

Plan prenared by 1 ;6 = 6QQ feet Emmel )nty Ptanning and Zoning Oale.4111t ) 23i-34b- , l3s APPLICATION FOR ZONING ACTION E}IMET COI'NT}'OFFICE OF PLANNING, ZONING, A ND CONSTRT'CTION N ES'OURCES 3{34 HAR.BOn-PET()SKEI', RD, StltTE E, I|ARBOR SPR.INGS! Mt {974t} PHONE: (2rt) 3{t-1735 FAX: (231} {3r-t933 EMAIL: prf,ra-,emmclcounrr.ors {- q-r g DATERECEIVED ti $___?-o-9.-_lao*_ F-EE DATE PAID PLI-ASE ltAt(l: ("llfctis PAI'ABI.I: T(} f,litrtET C.Ol:tiTl

'*i Applicant's Address ,r _y{47r1

ovrn's Addrcss _tJ55_*1,/b I e tAl _ L_a __tZtb _eri\!__ fi,I_!!913!t

0wrrcr's Email Address @

JOBSITE LOCATION: ra:tParcel #:24-? I --Li-gy-[JI- LO3 Addtess: ) vt1 CV"rl'rs ; lg ZONING REOUEST:

Haartag Comtrtssioa: Dcscribc Rcqucst: _ Spccial Use Permit tl Site Plan Revieix t( i*w!1 Planned Unit Development { Zoning Map Change o Zoning Tcxt Change tl REOUIRED USE TNFORMATION rPlcr* rtlrct r rifdplot plrl to rhor; Ground floorarea main building: 3$'1[_$. nt. propcrrt dimcrsioEti front. rtrr, rad silc Floor Area accessory buildine: , Sq. Ft. 1'rrd sctbrcks; strctl rotds. rld dl buiHingr or rhc bt Lol/Pa,rocl Size: eir.. sq. nr. ISTPD Rctitr Scclior 2{05 oftbc ?lonhg Iiitr,r?lot Plen rtquirtdr Ordhrrcc forSite Ptrr rtqrircrlts 2 full shcd & 14 reduced sized (mrx I l'rl7-) sitc phns rcquired for Plrnning Commission crscs.

Elcnation Drawing Enginered Draimge Plan Soil Erosion Permit Heahh Dept. Appmval/ Sorcr Taps (}thcr: As ower/and or applicant represanling the owner. f Oo{ ao not authorize Emmet County (sta[ appointod borrd, andor oommissioners, or comminee members) to enter upon- the subject pmpcrty for purposes ofmaking impeaiom related to the project or requcst identilied in this application- lf authorizcd, srrch inspectbns or si:e- rryalks shall be condrrted at reasonable hours and tirncs- r.'lfrnet,,ttthf:W:+rmrriono'*"f I,j:;ffi :'ir1*tnly"it:5' t4 -tr- lq Signature of Applicaltx*t -7- Printed,$*t(i--e;b4__ Narrc of Applicant Datc

rRcquircd l\*llh D-be.t Signature of Pr Printcd Narne of koperty Orpnerr' IMPACf STATEMENT FOR SITE PLAN REVIEW ftii?"^[:,r'r r r,l og3 "b "ASE#l-fl!Q-le-:

'PROJECT "--- TITLE i'oi iJirine f "fctrlalc P rur or l; e J PROPERTY TAX ID * Ot-14-o,< - 2)l-,oEOWNSHtp k.o. C--)-

URECTIONS TO APPLICANT SELOVI' ARE THE REQUIREMENTS TO CONFORM TO SECTION 20.04, IMPACT STATEMENT, OF THE EMMET COUNTY ZONING OROINANCE #15.1, THESE ITEMS MUST BE ADDRESSED ANO SUBMITTED WITH THE SITE PLAN AT LEAST 24 DAYS PRIOR TO THE PLANNING COMMISSION MEETING IN ORDER TO BE PLACED ON THE FOLLOW|NG i/IONTH'S AGENOA, (REGULAR MEETING DATE IS THE FIRST THURSDAY OF THE MONTH.) ITEMS LISTEO ARE MINIMUM REOUIREMENTS. AND AODITIOML INFORMATION MAY BE SUBMITTED TO DESCRIAE THE PROJECT IMPACT,

I. PROJECT DESCRIPTION Give a description of the proposed developmenl including: Site area, number of proposed lots and/or units, population density, other pertinent population data, vehn;h haftc, and related. ltl ; cot rch *b; ^)tn'r li lof i o. , lT,tlll 5(each . -[ez ztta1tr,s /, 2. EXPECTED DETAI{DS OII COITUNITY SERVICES E,plain what the impac{ will be on the following community services and descr e how sel.bes will be provUed (iI applicable): a. Srnirrry Seryrcos Ey;tl rn 1 b. t omeslic Weter t.- g iS l,t,1 c. Traffc Volumes 35 lu,l . '{ )'.*/lrl ee J )t d. Scrroors / lt6nf 1 \/ are e.FircM*tion tcr^ f,rt thief

3. ENVIROTiIf, ENTAL ITPACTS lnclude statements relalive to the impact of the proposed developrnent on (if applicable): a. Soil Erosioa ry 4 b. Saolm t rainage f;{; s tib) c. Shoreline Ploiecfon Ntl .r.Wirdlile M A e. Alr fulhtlion Nh t. Water Pollmion NA c.Noisa N A SITE PLAN REVIEW CHECKLIST crsc #-lf4,r.!q-.![:l - 063 Detc Rcccivcd Y-1 -l ?

Subjeet Property Address 3q1 Lrc.l.rs;le Subdivbion and Lot Number (lf Applicable) Tax Parcet umben 21-Jil--_!-L-!!;DL--_LAJ fowtchap Rear Lre€h Proposed Use of Property Number of

CHECKLIST Basic f,ap lnformation Y.. llo N'A Comments Propos€d siE locatbn rnap (i.drcab sutrcbnt ar€a refurence to 1 locab sib) ilay use pld mS. C'oogb mT or other map to irentify oaicel x 2 Appropriat€ scale d Dab. l{o.h Arow' SruEel NrrE (exislip and propGed .irt-ol 3 v{8F). Y 4 Name, Addr€ss and PtlorE Number ol perEon prEpanng plan X Property lhe drrEnsbos Y Basic Zoning lnformaton

ZonirE sohack hEs -BuitsrE GEUdTE ttE eave) Sebad(s' 6 Front (rc Sde lO Sde I \J Rear/vrrater l(\ K 7 Oistance bet'.Gen bualdrEs (nearest pont to nearesl pornt) x EHg+L5 I Location ol ne boiHhgs ald getteral lbo. plan DtnensiorE ol bldg.(s) =_r Total sq fr =- 8"r lJi^g

I Propo6ed bualdirE ehvatxxE (to scale) Max Hebhl =- x

perineter 't0 All existirg struclrrE (l*eled) uthio im hd ol propeo tr|€s l(

Multiple housilg lrlils -Nrrnber of rr|its = cqnpcfioo 11 (etrcilEl. orE b€drooil, nro. $re€) x 12 Surourdi.E zming (p.Fe.Ls inm€diab-. to subiecr siE) 13 Lot cotE!-age ol prcpGed buldirEs = { Natrral Featurcs ,rr llo isA Cqnmt*r

Bouldarbs of existing natural batures (trees, hkes. ponds, 14 sir€nrls. .ock out{oppings, se\rEne bpqgrapfty. uellands. vroodards, eb.). Y 15 Has a *etand permil been applied for? { 16 Existing topography Y 17 Sclil anatysis ls it in a Critical Dune Area" Y 18 Sate lnventory provided? x 1g Are thele scenic view consideratrors? { Dtalnago I Parklngf Roads

Access drives, intemal roads (note or privab) service 20 rubhc roads. V$dth of R(7ht-of-Way = ]3 ' X 21 Loadirg/unloading, seMoe areas x X SifeHalks, palhs, ard trails (intemal and public within road ]rt- 22 rt of-vrays). x 23 Accelerationldeceleration lanes Y 21 Road agency approval? x Parldng sreas (dimensioned typical parking spaoe, maneuvwiqg 25 larm) x Partlng spacet requirer, l3-l f. parting rpacea 26 actuel 18 Handlcapparkinglocationlndnumber_

27 Required landscaping in parking areas X 28 Snorv storag€rsnow management plan x 29 Dumpster location. screenirg iMication x Urr'{- r-rsirjl 30 Existing e*enents (utilrty, access) withrn sate limits X 31 Location Csr".t*r^.** of Water/hrell, Sewer/septic. ard stormwater ux tt -frl s$t,l

Site gradirg ard drainage plan (on-site el€vations lor pavenrents 32 drives. roads. parking lots. curbs. siderraks and frnished grades at building tacades) Attach a sealed Engineered Deinage plan. X 33 Prcposed retentiorvdeteition sedimenlation pords x PropGed landscapirE (Gqui.ed gEenbelts, plant materiabrsiiar ard t're. bnce6, retaining rtalls, earttterms. etc)

Location ot outdoor lrghts, pole herghts, bollards, bufdhg atiactEd. luninary shielding tedrnilues'

Sita smer*li6 (play arBa, poots. beacrr6, bnnis coutts, et-).

Fire Departrnent approval?

Fire hydrants and fire whide access

Army CoDs ot Engineers apprcval?

l,fichqan Departrnent ol Environmental Oudry app.ovdP

.rd lbhtt will ooed to be epprovod by tllo E mel County Slgn .rd Llghtlng Commltt e. ADDITIONAL COMMENTS:

+,-41 Jt *,, q-{-lq Applicants Signature / Date \/ To all interested parties of Bear Creek Township and Emmet County.

Re: 347 Creekside Drive

We purchased the property Io move Therapy Solutions from Arrowhead Commons near Bay Harbor to this location.

Therapy Solutions offers Physical, Occupational, and Speech Therapy. Unlike the traditional PT, OT, and Speech rehab that focuses on the physical we focus on Neurological or brain rehabilitation.

Most of the clients are TBI (traumatic brain injury) from workplace or auto accidents. Others include stmkes and developmental issues in children, Autism, CP, and other conditions.

For some of the TBI clients we need to simulate real life situations and this may include having to mentally organize common tasks. This is the need for the washer and dryer. The client may be doing some form oftherapy at the same time they are scheduling a load ofclothes to wash and dry. This is not used very often, usually only once or twice a month.

The plan also has rooms for swings and vision therapy. The swing room would allow a client to stimulate their vestibular system. The vision room utilizes state of the art Fit \/ Lite, Interactive Metronome, Integrated Listening Systems, and Brain Beats. All computer basod therapy inte$ating vision and sound lhat it is even diflicult for me as a layman to explain.

There is extensive information on Therapy Solutions at therapysolutionsot.com

Ralph DubeY From: PZCR Sent: Tuesday, April 09, 2019 3:16 PM To: Tammy Doemenburg Subjcct: FW: 347 Creekside Drive, Petoskey Mi

Frorn: Jim O'Donnell Imailto:[email protected] Sent Tuesday, April 0!1, 2019 3:08 PM To: PZCR subiect: 347 Creekside Drive, Petoskey Mi

To whom it may concern, it is the position ofthe Creekside Crossings Association that the us€ rcquested uy upn Dubey for 347 creekside Drive should be permitted. This parcel is adjoining a parcel ofthe same use and allowing the use will have a positive effect on the surrounding properties. We s€e no reason that this should not be approved.

Thank You.

James M. O'Donnell Association Developer

sc.A,ufvED

7 . Case #2OA-06 B Squared Disposal, LLC, PUD-I AMENDMENT & SITE PLAN REVIEW, 347 Creekside Drive' Section 4, Bear Creek Township Legal Notice: A request by B Squared Disposal. Ll,C to amend a PUD-I Mixed Use Master Plan to allow a gym use on property located at347 Creekside Drive, Section 4, Bear Creek Township. 'l'he properry is zoned B-l Local Tou st Busiless with a PUD-1 mixed use overlay and is tax pa.cel 24-01-19-04-231-103. The r€qucst is per Articlc Xvlll aod the proposed use is permitted on the p.operty to the south ofthe subject parcel.

Pscket ltens: Request & locatioa map, tax parcelmap, application, zoning map, a"rial, impdcl staternenl, site plan revien- checlrlist, zoning evalt.rlbn, 5/ I 3/08 site pktn, 511 2/08 floor plons, 5/ I 2/08 elevatiom, I I /00 plon.

Items handetl out at meeting: Rear Creek Township Planning Comnis$ion ninales ddted 5/28n8.

Michalek stated that the request is for a parcel located 3 lots from E. Mitchell Road on Creekside Drive. The first 2 lots from E. Mitchell Road allow the gym use. The request is for a PUD amendmen! to allow the gym use and for site plan review. A previous sitc plan was approved for storage in 2006. Bear Creek Township recommended approval. The site plan was explained. Two olTices for contractors use are proposed on either side ofthe building and the center access is for the gym. The 2nd story is proposed for storage. The elevation was displayed-

Jim Malewicz represented Ben Brower and Ben Fettig added thal a sitc plan was previously approved. Slormwater and fire department approval was provided at that timc. Parking meets Ordinancc standards. Snow storage was identified.

'fhere were questions regarding u,hy the uses were rcslricled. lt is not known why Bear Creek Totvnship originally restricted the uses. The use is a permitted use in the underlying zoning district.

Anderson made a motion, supported by Neal, to rccommend approval of the PUD amendment to allow "A" uses, as identified on the approved Master Plan dated l0/26100, on Unit #3, as rcquested for Case #20A-06, Ben Fettig, PUD-I Mixed Use Amendrnent and to approve the Site Plan, on condition that the PUD irmendment be approved by the County Board, fbr commercial oflices and a g).m at 347 Creekside Drive located within Section 4, Bear Creek Township. The property is zoned B-l Local Tourist Business, rvith a PUD-I mixed-use overlay, and is tax parcel number 24-01-19-04-231-103. The site plan, dated 5ll2l08Pz, meets the standards ofthe Zoning Ordinance, the use is a permitted use in the B-1 Zoning District and the conditions ofthe PUD and approval is based on the condition that if a dumpster is located on the site in the future, that it meet the selback standards ofthe PUD and that it be screened, that any exterior lighting and signs are to be reviewed by the Siga & Lighting Committee, and on condition that snow be removed from the site if the snow storage area becomes full. The molion passed on the lbllowing roll call vote: Yes: Eby, Jones, Anderson, Scott, Derrohn, Alexander, Laughbaum, Gregory, Neal. No: none.

3. Case #8-08 Emmet County Planning Commission, TEXT AMENDM0NT- Section 2207-Signs l,egal Notice: Sec.ttached. l'acket ltems: Littleleld T^tnship mimrtes 51608, Reodmond Tovnship recom,nehdation 6/5/08. hems handed out at ttreeling: Be* Creelt Tovnship Planning Commission minutes dated 5/28108, revised Drcrt #10.

The case rvas, by consensus, moved to the end ofthe cases on the agenda.

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! 0ffice ofPlanning and Zoaing Emmet Court,, MI DA'IE:. 4110/2019 CASE #: PPUD19-003

APPLICANT: Ralph Dubev for Wolverine Interstate Properties

PROPERTY: 347 Creekside Drive TOWNSIIIP: Bear Creek

REOUEST: PUI) Amendmenl (Preliminary and Final) & Site PIan Review- Professional Ofhces

FACTS: The property is zoned B- I Local- l ourist Business District with a PUD- 1 Overlay. a PIJD originally established in 2001 under Bear Creek Township Zoning jurisdiction. Site Plan approved in 2006 lbr storage use & ollices. Site was listed in the original PUD as a property to be used for contractor's uses and storage uses only. PUD amended in 2008 1o add gym use. See PUD Plan "A" uses and "8" uses specifically identified and listed on plan. Properties were assigned either an The Planning Commission in 2008 recommended approval of"A" uses for the property, however, the change from the proposal to the PC recommendation was not included in the BOC's approval. Subject property proposed to be allowed to be listed as an "A" use property which would allow fbr the proposed professional office. Office use is consistent with adjacent parcels to the south, prof'essional/medical office not currently permitted on the subject parcel. a Developer has provided comments and supports the propcsal. No building expansion is proposed. Bxisting building is 86' X 55' = 4,730 sq. ft. Parking standards met * I 5 spaces required, 18 spaces provided - all existing. a PUD & previous Site Plan approved by Fire Department. Proposed use and plans provided to Fire Chief for revierv. PUD access road approved by Emmet County Road Commission. No additional review required. Access is via a private road. Sealed drainage plan previously provided for entire PUD and this specific site. No new impervious surface proposed. a Two deciduous trees shopr on plan - minimum 2.5" caliper. Landscaping identified on the side ofthe building. Wall-mounled signs & any lighting will need adminisuative approval. Replacement signs, meeting ordinance standards, allowed without a permit. The proposed use is a use permitted in the underlying zoning district.

NARRATIVE An amended Site Plan included permitted "B" uses and wa-s approved by Emmet County in 2006. The Site Plan amendment in 2008 included two uses - 2 contractors' offices and 1 gym. Parking is located at the side of the building, as required in the PUD. The previous site plan approval included a condition that iia dumpster is needed in the future, it must meet the setback standard and be screened. No dumpster is proposed lbr the requested change ol'use/site plan. 1'he side yard setbacks within thc PUD have been modified to 5'. No landscaping is required, but there is landscaping shoun on the plan. The decorative fagade is shown on the elevalion drawings, as required within the PUD. The Planning Commission had recommended approval of all "A" uses when the amendment lirst came befbre them in 2008, holvever, the Board of Commissioners motion did not include all "A" uses. See motions of approval. Proposed motion is based on the 2008 Emmet County Planning Commission molion to approve. DRAFT MOTIONS: To recommend approval of the PUD amendment to allow ooA" uses, as identified on the approved Master Plan dated 10126100, on Unit #3, as requested for Case #PPUD19-003, Ralph Dubey for Wolverine Interstate Properties, and to approve the Site Plan, on condition that the PUD amendment be approved by the County Board, for professional/medical offices at347 Creekside Drive located within Section 4, Bear Creek Township. The properly is zoned B-1 Local Tourist Business, with a P[JD-l mixed-use overlay, and is tax parcel number 24-01-19-04-231-103. The site plan, dated rcl15,l}lPz and updated April XX, 2A19, meets the standards of the Zoning Ordinance, the use is a permitted use in the B-l 7-,oningDistrjct and the conditions of the original PUD remain in place with the only change to replace the "B" with an "A" on the subject property on the PUD Plan. Approval is on the condition that if a dumpster is located on the site in the firture, that it me€t the setback standards of the PUD and that it be screened, that any exterior lighting and signs are to be reviewed as required by the Zoning Ordinance, and on condition that snow be removed from the site if the snow storage area becomes full. (other conditions or reasons may be added)..

To deny Case #PPUDl9-003, Ralph Dubey for Wolverine Interstate Properties, and to approve the Site Plan, on condition that the PUD amendment be approved by the County Board, for professional/medical offices a:347 Creekside Drive located within Section 4, Bear Creek Township. The property is zoned B-l Local Tourist Business, with a PUD-1 mixed-use overlay, and is tax parcel number 24-01-19-04-231-103. The site plan, dated 10ll3l08Pz. The denial is based on the following: {insert findings here).

Office of ion Resources 3434 ite E

231.-348-1. 33 (fax)

MEMO

To: Emmet County Planning Commission and Townships with County Zoning From: Tammy Doernenburg, Zoning Administrator

Date: 41812019 Re: PROPOSED Zoning Ordinance TextAmendments - PPTEXTI9-01 through 19-05

The Emmet County Planning Commission and staff have been working on updates to the Emmet County Zoning Ordinance. There are five proposed text amendments occurring simultaneously. lf you would like additionalinformation prioryour next meeting, or if you would like staffto be present at an upcoming meeting to explain or discuss the proposals with your board, committee, or commission, please do not hesitate to contact me: [email protected] or 231,-439- 8998. You may also contact our office via our generic email: [email protected] or call the main office 231.-348-L7 35.

Following is a summary regarding the proposed text amendments to be reviewed beginning at the May 2, 2019 Emmet County Planning Commission meeting. Please note that the Planning Commission typically holds a minimum of two public hearings for text amendments before they make a recommendation to the full County Board of Commissioners. The Board of Commissioners has the final authority over Zoning Ordinance text amendments.

PPTEXT 19-01

The Zoning Board of Appeals, over the past several years, has reviewed front and rear yard setback variance requests in various locations. Within the L'Arbre Croche community, the ZBA suggested the land owners work with the Emmet County Planning Commission regarding setback matters in their residential development. Several options were considered. The attached draft text amendment (PPTEXT19-0L) is a result of the discussions which have occurred with the L'Arbre Croche Club, Emmet County Civil Counsel and the Emmet County Planning Commission. The 15 ft. setback distance has been chosen based on existing site conditions within the development and to be consistent with the existing standards of the Emmet County Schedule of Regulations note g. The proposed text amendment would also allow reduced front and rear yard setback standards in other Critical Dune locations throughout Emmet County. This would include properties within Bear Creek and Cross Village Townships. The waterfront setback standard would not change as a result of the proposed text amendment. The enclosed maps show those locations within the Critical Dune locations. The text would only allow the reduced setbacks if the property is also within a recorded plat and fronting a private road.

Memo 4/B/20L9 Page 1 PPTEXT 19-02

The Emmet County Planning Commission has been reviewing accessory farm uses for nearly three years. During the review, wineries were identified as a use which can be authorized by the local zoning jurisdiction (not exempt from zoning by the Michigan Right to Farm Act as previously thought). The proposed text has been modified overthe past several months. Thetextwould permit wineries and hard cider operations as a Special Land Use in the residential and Farm and Forest zoning districts (where commerclal farms are permitted). The text begins with intent statements followed by specific standards to address health, safety, and welfare. The standards provide for minimum property size, on-site consumption, hours of operation, maximum building size, parking, screening, lighting, signs, and fire protection. The standards could impact all townships within Emmet County with county zoning.

PPTEXT 19-03

Emmet County has utilized a Sign and Lighting Committee, a committee of the Planning Commission, to review and approve certain signs. The proposed text amendment would allow signs to be approved by the Zoning Administrator (zA). lt would include the option for the Planning Commission to review signs referred by the ZA. The proposed text also eliminatesthe requirement for perm its for certain signs (accessory signs under 4 sq. ft., unlit, and 8 ft. in height and second signs located on farms). The text also provides for signs on property for sale, lease, or rent (real estate signs), without a permit. The review process has been modified based on the proposed changes in the text. The text is proposed to reduce the need for additionalmeetings, to reduce required permits, and to clarify standards for certain permitted signs.

PPTEXT 19-04

Emmet County has utilized a Sign and Lighting Committee, a committee of the Planning Commission, to review and approve exterior lighting on non-residential and non-farm sites. The proposed text would allow review by the zoning Administrator, rather than a committee. The proposed text also requires a property owner to provide data supporting their request if their lighting levels exceed the standards. The text is proposed to reduce the need for additional meetings and to eliminate a membership expense to the zoning department.

PPTEXT 19-05

Emmet County has two properties regulated by Consent Judgment. Civil Counsel has requested the proposed sentence. This text would impact one development in Bear Creek Township and one development in Readmond Township.

Memo 4/B/2079 Page 2 -- PROPOSED TEXT AMENDMENTS: PPTEXTl9-01 A request by Emmet County Planning Commission to amend the Emmet County Zoning Ordinance by adding a footnote j. to the Schedule of Regulations (Section 19.01) to read: "On a lot located within the Critical Dune Area regulated by the State of Michigan, in a recorded plat, fronting a private road, the minimum front yard setback standard shall be fifteen (15) feet. The rear yard setback of such lot may be reduced to 15 feet if the lot abuts property within the same plat." The footnote should be added to the table in Section 19.00 within the RR Recreation ResidentialZoningDistrict Front and Rear Yard Setback standards.

PPTEXTl9-02 A request by Emmet County Planning Commission to amend the Emmet County Zoning Ordinance as follows: Add Wineries and Hard Cider Operations to the land use tables of Sections 4.01, 5.01, 6.01,7.01 and 8.01 with an "S*" in the tables. Add Wineries and Hard Cider Operations to Section 18 Land Use Matrix with an "S*" in the table for R-1, R-2, RR, SR, FF-1 and FF-2. Add "Section26.5l Wineries and Hard Cider Operations Intent It is the intent of these zoningprovisions to: . promote and maintain local farming, o \./ prgserve open space and farmland, . maintain the cultural heritage and a rural character, . maintain and promote tourism, . protect residential uses from negative impacts of commercial uses.

Wineries and hard cider operations may be permitted in any Zoning District which permits commercial farms subject to the following: A. Permitted Accessory Uses Wineries and Hard Cider Operations may be permitted by the Planning Commission on properties actively used for agriculture. All required licenses and approvals shall be obtained by the appropriate state and federal agencies prior to operation of the winery. Winery may include those land uses/activities permitted by the Michigan Liquor Control Commission's Michigan Wine Maker and Small Wine Maker license. B. Site Size The minimum property size shall be twenty (20) acres or larger by description, having at least 600 ft. of lot width and at least 600 ft. of lot depth. A minimum of ten (10) acres of the parcel must be in active agricultural production or open space as determined by the Planning Commission. C. On-premise Consumption Consumption of the alcoholic beverages on the site shall be limited to tasting room quantities. The facility shall not function as a bar as defined in this Ordinance. Supplemental food services may be provided. Supplemental food services, if proposed, must be clearly incidental to the agricultural operation and must be demonstrated as such by the applicant. Minimum Health \-/ Agency standards shall be met. Only beverages produced by the licensed facility may be sold on site (non-alcoholic beverages are excluded from this standard). E. Hours of Operation The Winery Operations shall be limited to the hours of 10AM to 10PM. F. Building Limitations U:\WPVONING\LEGAL\NOTICES\PC\2019\TEXT AMENDMENTS.docx Page I The floor area of retail sales area, including the tasting room, shall be no more than twenty-five (25) percent of the floor area devoted to the winery, but in no case shall it occupy more than two- thousand (2,000) sq. ft. of floor area. G. Parking Off-street parking spaces shall be provided in accordance with the standards of Section22.02 of this Ordinance, except that 1) parking areas shall be setback a minimum of fifty (50) feet from all property lines, and 2) adequate parking shall be provided for all uses on the property. Driveway access must meet the minimum standards of the Road Agency having jurisdiction. H. Screening The parking area shall be effectively screened from adjacent properties in accordance with the standards of Section 22.04.2. I. Lighting Outdoor lighting shall meet the Standards of Section22.06 of this Ordinance. J. Signs Accessory signs shall follow the Standards of Section22.07 of this Ordinance. K. Fire Protection The winery shall only be approved upon approval of the use and site plan by the Fire Chief whose department serves the property. Modifications to the standards listed in items B thru K above may be approved by the Planning Commission, if the intent of the Zoning Ordinance is kept and the surrounding properties are protected from nuisances."

PPTEXT19.O3 v A request by Emmet County Planning Commission to amend the Emmet County Zoning Ordinance as follows: Modify the introductory paragraph of Section 22.07 Signs and Billboards to read: Sign plans shall be reviewed for approval, conditional approval or rejection by the Zoning Administrator. The ZoningAdministrator may refer any sign plan to the Planning Commission for review and approval. Section 22.07.2 modify the table as follows: the first column of each row regulating "Additional Sign(s)" to read "No permit required". Add to Section 22.07 .5 paragraph D. to read: D. Temporary Sign One additional temporary sign may be permitted in all zoning districts on property offered for sale or lease. Such sign shall not exceed 10 sq. ft. and 8 ft. in height on properties zoned R-l, R-2, RR, or SR. Such sign shall not exceed 32 sq. ft. and 8 ft. in height in all other zoning districts. Replace the paragraph following Section 22.07.12 to read: "Sign plans referred to the Planning Commission by the ZoningAdministrator shall follow the process for Site Plan Review. The sign plan may be separately submitted or be an integral feature of the Site Plan. If submitted separately from the initial site plan review, a separate application process and fee applies. Sign Variances shall follow the procedures for Zoning Board of Appeals review. Sign Review applications and detailed procedures are available through the office of the Zoning Administrator."

PPTEXTl9.O4 A request by Emmet County Planning Commission to amend the Emmet County Zoning Ordinance as follows: Replace Section 22.06.3, paragraph C. with the following: "C. Additional Uses: For those uses not listed above the Zoning Administrator may determine the appropriate District and use based on the location, adjacent uses, and type of use proposed. The applicant may provide industry data to support a different lighting level which may be \, reviewed by the ZoningAdministrator. The Zoning Administrator's determination may be appealed to the Zoning Board of Appeals."

PPTEXTl9-05 A request by Emmet County Planning Commission to amend the Emmet County Zoning Ordinance as follows: Add a sentence to the first paragraph of Section 27 .09 to read: "A violation of a Consent Judgment is a violation of this Ordinance and is a nuisance per se'"

U:\WP\ZONING\LEGAL\NOTICES\PC\2019\TEXT AMENDMENTS.docx Page 3 Michigan Department of Licensing & Regulatory Affairs MTCH|GAN LTQUOR CONTROL COMMISSION (MLCC) 525 W. Altegan Lansing, Mt 48933 P.O. Box 30005 Lansing, Ml 48909

Michigan Wine Maker & Small Wlne Maker ffi Requirements and General lnformation

A "Wine tlllaker" license is issued by the Michigan Liquor Control Commission to a person located in Michigan to manufacture wine and to sell, at wholesale or retail, wine manufactured by that person. . MCL 436.1113(9)

A,Small Wine Makef meaRs.a Wine Makerthat'manufactures or'bottles not more than 50;000 gallonsof wine in 1 calendar year. . MC1436.1111(10)

A Wine MakerlSmall llline Maker License: , May sell wine they manuFacture to licensed Michigan wholesalers and to licensed Michigan retailers. . May offer free samples or may include a charge for samples to oonsumers from the winery premises, . May sell wine they manufacture directly to consumers for on-premises consumption (by the glass) or , off-premises-consum ption (take out sales) -from the winery premises. . May sell wine they manufacture to consumers for on-premises consumption (by the glass) at the winery in coniunction with a restaurant at the winery premises. . Musl obtain a "Wine Produce/s" Basic Permit from Alcohol, Tobacco Tax and Trade Bureau ('TTB). . $100.00 annual license fee for lMne Maker; $25.00 annual license fee for Small Wine Maker. License renews annually on May 1. Llcense fee may not be prorated for part year licensure and is payable at the time of initiat application.

How To Aonlv For A License:

Please refer to the "Manufacturers & Wholesale License Application Process" inforrnation sheet for applicable forms and required documents

All forms are available on our website a[ U&nUJuShfSeruav/lgg --> Commisslon Forms --> Manufacturers & Wholesalers.

Llcensinq RequlremenE:

Federal Basic Permit Receipt of a Federal "Wine Producer and Blenders" Basic Permit issued by the Alcohol and Tobacco Tax and Trade Bureau ('TTB) is required prior to the issuance of a winery license. ' Admlnistrative rule R 436.1708 (1) For Federal Basic Permit lnfo contact: Alcohol and Tobacco Tax and Trade Bureau (TTB) 550 Main St. Room 8002 Cinclnnati, OH 45202 5't3-684-3337 u4u[.fib-ssv

Bond Application Receipt of a Surety Bond (Form MW-816) executed by an insurance company authorized to do business ln Michigan in the amount of $1 ,000.00 for the first year licensed is required prior to issuance of the license. Each subsequent year of licensure bond amount is based upon an average of excise taxes paid in the last calendaryear,withaminimumamountof$1,000.00. Bondform(MW-816)&instructionsoanbefoundon our website. Bond does not need to be submitted until applicant has received notification from our office of approval for their license application by our Commission. . MCL 436.1801 (1)(a)

Proof of Financial Responelbllity A statutory requirement to provide security for liability of not less than $50,000 prior to the lssuance of the licen6e. May be in the form of cash, unencumbered securities, liquor liability lnsurance, constant value bond, or membership in a group self-insurance pool authorized by taw that provides security for liability under Section 436.803 of the Uquor.Control Code. .Prosf of.Einancial-Responsibility Form LC"95 & instructions can be found on our website. Does not need to be submitted until applicant has received notification from our office of approval for their license appllcation by our Commission, . MCL 436,1803

Server Tralnlng Requircment A licensee authorized to sell or sample alcoholic beverages for on-premises consumplion is required to have present on the licensed premises, at a minimum, supervisory personnel on each shift and during all hours in which alcoholic liquor is served who have successfully completed a server trainlng program approved by the ,Commission, Server Training forms will be mailed upon Commission approval of the license application. . MCL 436,1501(1), Adminislrative rule R 436,1060

Food Establishment License The Michigan Food Law (Act 92, P.A. of 2000) requires all food establishments, including processing operations such as wineries, breweries and distilleries to obtain a food estabtishment of one type or another. Contact the Michigan Department of Agriculture & Rural Development ('MDARD) for details on the speclfic food establishment license required for your operation. The MDARD may be contacted as follows:

MDARD Central Licensing P;O. Box 30746 Lansing, Ml 48909 800-292-3939 www. michigansovlndald

General lnformation:

Church and School: A new application to sell alcoholic beverages at retail (including manufacturers), or a request to transfer location of an existing license, may be denied if the contemplated location is within 500'of a church or school. The Commission may waive the church/school provision if the church or school does not flle an obieclion to the proposed license. lf the church or school fites an objection, the Commission will hold a hearing before making a decision on the issuance of the license. . MCL 436.1503 Manufacturing & Labeling Wine must be manufactured and labeled in accordance with federal wine regulations published in the Code of Federal Regulations (CFR), Tille 27, Part 4 and (CFR), Title 27, Part24. Contact the TTB for delails. . Adminislrativerules R 436.1707, R 436.1708

Label Registration Wine products must have all labels approved by the Commission prior to the wine being sold in Michigan. The Commission uses an on-line label registration process which requires prior registration with the TTB. Upon licensure, you will be provided with a password and instructions to access the on-line registration site. There is no fee for Michigan label registration. ' Administrative rule R 436.1719 Illlandatory Label lnformation (Pursuan{ lo TTB Regulations): . Brand name listed. ' Class, type or, ln lieu of, a truthful and adequate statement of composition shall appear on the brand label ofthe product. . Name and address of bottler or packer and ptaee (city/state) where bottled. Name must be preceded by "Bottled by'' or"Packed by''.

2 Alcohofcontent must be listed. By definition, wine m ay c,onlain y2 ol 1o/o or more alcohol by volume but not more than 2l% alcohol byvolume. Table wine with alcoholic content of 1 1%-14% does not have to list the actual alcoho] content. Listing "table wine' is adequata Net cutents.

For F€deral Labeling information conlact: Alcohol and Tobacco lax and Trade Bureau Alcohol Labeling & Formulation 650 Massachusotts Ave., N.W Washington, DC 20226 866-927-2533 \rvww. ttb. qov

Wlne Exclse Taxes & Monthly Reports Wine exclse taxes apply to both wine and mixed Yvine drink. The Wne Maker or SmallWine Maker shall pay lhe Michigan wine eiciia tax gl may deslgnatea wholesaler to pay {he lax on lheir behalfror all wine or n{xed wina drini manufactured by that Wine Miker and sold in thls state, A Wine Maker or Small Wine Maker is requlred to submit a lVlichidan Wine Tax Report and Nilichigan Winery Monthly Report of Sales no Iater than the I 5h of each month regardless if a wholesaler has been designated to pay the taxes. lf a wholesaler has been designaled to pay tax on wholesale shipments to retailers, the Wine Maker or Small Wine Maker must still submit any tax payments for on-site tasling room wine sales.

Sacramentalwlne sold to churches is exempt from taxes. Sales made by a Wine Maker/SmallWine Maker out-of-state are nontaxable. fgx-Bales: 1670 or less alcohol by volume = $.135 (13 % cents) per liter. over 16o/0 - 21o/o alcohol by volume = $.20 (20 cents) per liter . l\JICL 436.1301, Admlnistrative rule R 436.1725

For fu(her questions relaling to wine lax, please contacl out Financial Managemenl Dlvlslon al: (517) 284- 6352.

Samples To Consumers A Wine lvlak€r or SmallWine Mak€r may offer fre6 or rnay include a charge forsamples to coRsumers ror on- premise tastings atthe winerypremises. The samplesmustbe ofproducts manufactured and sold underlhe Wine Maker or Small Win6 Maker license. . MCL 436.1537 (3), MCL 436,2025

Sales To consumsIs Frcm winery A Wine Maker or Small Wine Maker is authorized to sellwine manufactured by th€ Wine Maker or SmallWine Maker from the winery premlses to consumers for on-premises (by the glass) consumption or off-premises consumption (take-out sales) with no additional license. . MCL 436.1 1 11.(|l.0), l\4GL 436.1 113(e), MC1436.1537(1)(o)

A Wine Maker or Small Wlne lvlaker may atso sellwine they manufacture by the glass for consurnption on the premises in a restaurant at theirwinery premises that is owned by lhe Wine Maker or SmallWine Maker or is ieased lo anolher person. Only wine manufactured by the Wine Maker or SmallWine Maker may be sold by the glass in a winery restaurant, . MCL 436,1111(10), MC1436.1113(9), MCL 436.1537(2)

Direct ShipphglDellverles to Consumers A Direct Shipper lic€ns€ ls r€quired for in-state and out-of-state winetles to ship domaatic wlne dlr€otlyto Michigan consumers. This license does not allow dlrect shipment of imporled wines. Llcensefee is $100.00 (1 annu; y (renewable May 'l ) and allows total annual shipment to l\,!ichigan consumers of 1 3,500 liters ,500 9- liter cases). Direct Shippers must pay Michigan excise taxes (quarterly) and Michlgan salestax. Theageof the person placing the order must be veriliad by obtaininga copy ofa phoio identification issued by a state or

3 tho federal government of the person placing the order, or by utilizing an identification service approved by the Commission, You must record and maintain records of the name, address, date of birth and telephone number of the person plaeing the order on the order form. The Direct Shipper must slamp, print, or label on the outside otthe shipping containerthatthe package "Contains Atcohol, Must be delivered to a person 21 years of age or older," A label must be placed on the top panel of the shipping container listing the Direct Shipper license number, order number, the name and address of the indlvidual placing the order, and the name of the designated reclpient if different from the name of the individual placing the order. The person delivering the alcohol shall verifythe person accepting delivery is of legal age. . MCL 436.1203, MC1436.1537(1)(d), MC1436.1537(1)(o)

Tasting Room Location Licensed Wine Makers/Smatl Wine Makers may apply for a Tasting Room location approval located off the winery licensed premises. The Wine Maker/ Small Wine Maker may offer free tasting samples or may lnclude a charge for tasting samples {o the consumer and may sell for off premise consumption only, wine made by the Wine Maker/SmallWine Maker. Aswith othertastings & sales, onlywlne made bytheWine Maker/Small Wine Maker may be sampled or sold at the Tasting Room location. Under no circumstances may any olher alcoholic beverage products other than those produced by the Wine Maker/SmallWine Maker be sampled in theTastingRoorn. Anannual licensefeeof$100.00perJoealionshall bepaidfortheTastingRoomlocation, . MCL 436.1537(4)

Other Manufacturi n g llcenses A Wine Maker/Small Wine Maker may obtain other manufacturing licenses including a Brandy Manufacturer, Micro Brewer/Brawer, Manufaeturer of Spirits, Manufacturer of Mixed Spirit Drink or a Small Dislitler which allows the mantfacture and sale of wine, brandy, mixed spirit drinks or distilled spirits. . MCL 436.1111(9), MC1436.1109 (3Xo), Mc1436.1113(9)

Permlts There are additional-perrnits that a Wine Maker or SrnallWine Maker may apply for{s be held ln oonfunotion with their primary license.

. Beer and Wine Tasting Permit - A Wine Maker/Small Wine Maker may obtain a Beer and Wine Tasting Permit which allows beer and wine tastings to be conducted on licensed off-premises acrounts that hold a Specially Designated Merchant (SDM) ticense. There is a one time $70.00 fee for this permit. Upon issuance of this permit notification of sampling events must be received at least 10 days priorto the event and all employees or licensed agents conducting the sampling event must have successfulty completed a server training program approved by the MLCC. . Farmer's Market Permit - permit for a qualified Small Wine Maker who manufactures or bottles not rnore than 5,000 gallons of wine in onecalendar year combining all licensed localions, toconductfree wine tastings and sell, for consumption off the licensed premises, wine produced by that Small Wine Maker at a Farmer's Market. . Outdoor Service Permit - Permit allows the sale and consumption of alcoholic beverage in ouldoor patio areas. The area must be under the eontrol of the licensee. . Specific Purpose Permit- Permit required to remain open forbusiness afterthe legal closing hourof 2:00am, orto be open for business before 7:0Oam Mondaythrough Saturday, orto open before 12:00 noon on Sunday, for the sale of food. . Direct Connectlon - Technically this is not a Permit but rather permission from the Commission to maintain adirectconnection between licensed premises and nonlicensed premises. This permission will be required if your operations include multiple license holders who maintain inside connectlons to either nonlicensed premises or licensed premlses under the control of another licensee. . Living Quarters Permit - Permit required when living quarters are directly connected to the licensed Premises. . Dance Permlt - Permit required for dancing by customers on the licensed premises. Dance floor must be clearly marked, void of tables and chairs when in use and a minimum of 100 square feet in dimension. Permit allows for dancing during the legal hours for the sale of alcoholic liquor only,

4 r Entertainment Permit - Permit required for monologues, dialogues, motion pictures, still slides, closed circuit television, contests, or other performances for public viewing on the licensed premises, An Entertainment Permit does not atlow topless entertalnment. Permit allows for entertainment only during the legal hours for the sale of alcoholic liquor. You do not need an Entertainment Permh for live bands, the playing of an orchestra, piano, or other types of muslcal lnstruments, singing or the viewing of any publicly broadcast television of a federally licensed station. . Sunday Sales AM - Permit required for the sale of wine from 7:00 a.m.-12:00 noon, unless prohibited in the county and local governmental unit where the licensed establishment is located. $160.00 fee.

Sales To Wholesalers and Territory Agreements A Wine Maker or Small Wine Maker may sell their products to licensed Michigan wholesalers who in turn may resell the wine to licensed Michigan retailers. A Wine Maker or Small Wine Maker must grant each of their wholesalers a written agreement speciffing the brand or brands to be distributed and the tenitory where sales are granted. Wholesalers are prohibited from selling alcoholic beverages outside of their assigned sales territories. Beginning June 1, 2010, Michigan statute prohibits a manufacturerfrom assigning the right to sell a specific brand or brands of wine to more than one wine wholesaler in the same sales territory. However, a manufacturer may continue an agreement that was in effecl on June 1, 2010, which assigned the distribution rights to more than one wine wholesaler for a specified brand of wine in the same sales territory. All sales to wholesalers must be for cash only, Quantity discounts to wholesalers are legal as long as the discouht is nondiscriminatory, . MCL 436,1305, MCL 436.1307

Sales To Retailers A \Mne Maker or Small Wine Maker ls authorized to sell lheir wines to licensed retailers, A Wine Maker or Small Wine Maker selling theirwines to retailers must file with the Commission in Lansing, before January 1, April 1 , July 1 , and October 1 of each year, a schedule of the net cash prices to retail licensees, The net cash price shall not be changed during the quarter without first notifying the Commission in writing of the price changes. "Post offs" (price reductions) shall not be granted for periods of less than 14 consecutive calendar days in duration. Quantity discounts 1o retailers are prohibited. All sales to retailers must be for cash only. ' MCL436.1111(10), MCL436.1113(9), Administrativerule R436.1726 lnterest ln Another License Michigan statute strictly prohibits a Wine Maker/Small Wine Maker from holding any inlerest, directly or indirectly, in a wholesale or retail license. Examples of prohibited interests include: stock ownership, leasing real estate to/frorn a wholesale orretail licensee; interlooking officers or directors between licensees; financial interest such as a moneylender with a wholesale or retaif licensee. A Michigan manufacturer may hold interest in another licensed supplier under MCL 436.1603. The Commission may also approve a Wine Maker or Small Wine Maker participating with 1 or more Wine Makers or Small Wine Makers in an alternating proprietor operation subject to the written approval of the United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau, in accordance with 27 CFR part 25, subpart F, section 25.52. . MCL 436.1603(8X1s)

Rebates, Special Purchase Allowances, & Quantity Discounts

A Wine Maker or Small Wine Maker is prohibited from rebating any money to wholesalers. A special purchase allowance may be offered to wholesalers as long as the allowance is offered to all wholesalers and is based on the wholesaler purchases at the time of the allowance and not based on past sales. A Wine Maker or Small Wine Maker may offer quantity discounts to their wholesalers but may not offer free merchandise to their wholesalers. , MCL 436.1609

Bulk Wine Used For Blending A Wine ltlaker or Small Wine Maker may purchase bulk wine to be used for blending purposes from a licensed Outstate Seller of Wine. A shipment of bulk wine to a Wine Maker or Small Wine Maker musl be accompanied by a "Release of Alcohol orAlcoholic Beverages for Commercial Use" (LC/MW-350) approved by the Commission. . Admlnistrative ru{e R 436.1721

tr salesperson Llcense Any person employed by a wine Maker or small wine llaker to sell, deliver, promote, or otherwiso assist in tniia|e of alcoholic liquor in this state is required to hold a Sa,espelson license issued by the Commission. Office staff and winery personnel lvho work exclusivsly at the winery prsmises and have no personal Gfftacl with retallers or consumers off lhe Winery premises do not need a Salesperson license. Salesperson's must be '18 years of age or older. Salesperson licenses are $35.00 for threg-year licensing p€riod. llcemed salesp;rsons are prohibit€d from being employed by a rstail licenses on a paid or any other basis. Licensed truck drivers or delivery persons ara prohibited from consuming alcohollc beverageswhile on duty. . Administralive rule R 436.1853

Aid and Assistanco MCL 436.1609, and Rule 436.1035 prohibit alcoholic beverage manufacturers, suppliers, wholesalers or watehouserE from aiding or assisting any other licensee by giving them anything of value. Furthor, a licensee is prohibi(ed irom accepting aid and assislance from another industry member, Alcoholic beverage suppliers are prohibited from giving anything of value to their wholesalers or retailers. Likewise, alcoholic beverage whoiesalers are prohibited from giving anything of value to their retailers. This prlnciple is the comerstone of Michigan's trade practices regulatory structure. lt is designed to provide a level playing lield for all industry members, Suppiiers, wholesalers and warehousers are prohibited from givlng anything of value to retail licensees, including but not limited to: alcohotic b€verages, merchandise, furnitute, fixtures, equipment, unlforms, cash or loans, labor, etc,

This same principle prohibits suppliers and wholesalers from providing free advertising, incentive programs, fras or discounted producl, draft system installation and maintenance, etc. Violalions in the aid and assistance statute will result in all participants (retailer, wholesaler and supplier) being cited before the Commission.

Section 609 (3) of the Code, includes exceptlons to the prohibition oi itoms and services that a licensed supplier, wholesaler, or warehouser may provide to any other vendor. Some of these exceptions include allowing suppliers, wholssalers, and warehousers to provfde advertising itoms that have no use or value beyond actual brand and price advertising, including, butnot limited to: mlrrors, napkin holdeIs, and table lents to iicenseas. Further, Seclion 609 (5) allows retailers to possess and use bgg!-qldlryjlg brand logoed balware, including, but not iimited to: glassware, coasters, and napkins if they have been purchased from a thhd party barwaro retailerand also allows retailers to posses8 and use Spidl brand logoed barware, such as: glassware, coaslers, and napklns if purchased from a manufacturer of splrits, vendor of spirits, a licensed salesperson,or broker, or a ihird party baMare retailer. . MCL 436.1609, Admlnlstratlve rule R 436.1035

Rscord Retention All licensees are required to maintain all sales, purchase and salesperson expense recolds fora minimum of four (4) years. Records may be maintained electronically or otherwise as long as a hard copy of the record can be created upon demand. . Admlnlstrative rules R 436.1007, R 436.1641, R 436.'1865

Salss For Cash Only The Liquor Control Code requires the sale and purchase of all alcoholic beveragas to be forcash only, atthe timo of delivery to wholesalers or retailers. Consumers may use bona-fide credlt cards to pay for purchases from the winery. . MCL 436.2013

lnspac(on of Premlses and Books & Records A licensea must mak€ the liconsed premises available for inspection and search by a Commlsdon lnvestigator or any law enforcement offlcer empow€red lo enforce the Commlssion's rules and code during regular businsss hours or wtren the premises is occupied. The commission or ils duly authorized agent may oxamine the books, records or papers of a licensee, . MCL436.1217, Adminislrative rule R 438.1645 & R 436.1728

6 Samples Wine Makers and Small Wine Makers are allowed to sample their products with on-premises or off-premises retaii licensees and the retailer's employees. Sample tastings may nol be offered to consumers by the wtne maker at a ]icsnsed on-premlses or off-premises aecount All containers used to sample products with retailers must be marked with the word "Sample" in lettering at least Yz-inch high. Whlle W[ne Makers and Small Wine Makers may offer tasting samples to retailers from multiple beverages, only one (1) sample container of 750 ml size or smaller may be left with a retail licensee for sampting by the retailer and their staff. A sample container must be removed from the premises within 24 hours and again may not be sampled by consumer8. ' Administrative rules R 436.1001, R 436.1421, R 436.1511, R 436.1513, R 436.1863 Purchasing Drinks For Consumers A licensed Salesperson of a manufacturer of wine, for promotionalpurposes, may purchase one (1) drink for each customer of an on-premises relail licensee only. The drink shall be purohased from the on-premises licensee and shall be of a brand represented by the salesperson. . Administrative rule R 436.1865

Advertising and Promotions lnside advertising signs must be unilluminated and no more than 3,500 square inches in dimension. Alcoholic beverage advertising provided by suppliers and wholesalers to retailers shatl not have any use or value beyond the actual advertising of brands and prices of the atcoholic liquor, other than the exceptions provided in MCL 436.1609(2X30(4). . Administrative rules R 436.1305 - R 436,1331 MCL 436.1609

Compliance with Laws, Zoning & Ordinances A Wine Maker or Small Wne Maker must comply with all state and local building, plumbing, zoning, sanitation, and health [aws, rules and ordinances. o Administrative rules R 436.1003, R 436.1105(3), R 436.1702

How to Contact the Michigan Llquor Contrcl Commission Questions relating 1o Wine Makerlsmatl Wine Maker licenses and other non-retail licenses may be directed to:

Michigan Liquor Control Commission Manufacturers & Wholesalers Section P.O. Box 30005 Lansing, Ml 48909 Toll free 866-813-0011 Fax 517-763-0060 E-malt : t$GqffiYgBeIsgttses@mjgh,ffifl,gsy^ Website: ffisdghisgn s$Yfigg

Rev. 06/2017

.? MEANS OF EGFESS

TABLE 1004.1.2 and moving walks' Elevators' *ior"to.s, escalators MMIMUM FLOOR AREA ALLOWANCES PER OCCUPANT shall not be wed as a compo- ;i-rJ rnoving walks FLOOR ABEA IN part of the FUNCTION OF SPACE 3;";rir"r rri^ of eg'ess from any other SQ. FT. PER Agricultural building 300 gross means of gross don: Elevators used as an accessible Aircraft hangars 500 1009'4' io u".otdun . with Section Airport terminal Baggage claim 20 gross Baggage handling 300 gross c SECTION 1004 Concourse 100 gross OCCUPANT LOAD 15 gross ! Waiting areas t means of I it,r"S* occupant load. In determining Assernbly ( the number,"1 Gaming floors slos, etc.) I 1 gross i,'Iilii"."rts-, 1':YtT:'.1:,YlfTin fteno, iiliitii{^";nties are provided shall be determined Exhibit GaIlerY and Museum 30 net ,ice with this section' Assembly with fixed seats See Section 1004.4 the path of L1 Cumulative occupant loads' Where Assembly without fixed seats ar.eas-o: spaces' (chairs flxed) 7 net s travel includes interveniag rooms, Concentrated only-not occupant loads shalT be determined in accor- Standing space 5 net 15 net with this section. Unconcentrated (tables and chails) hlfgrvsning spaces or accessory areas' Bowling allow 5 persons for each ;:ioO+.f.r.t "*ters, and for 7 net one or more rooms' areas lane including 15 feet of runway, i.,,,,.w.t occupants egress from ".. ,["o"gn"otn"ts, the design load additional areas -occupant 100 gross liil;i"riiur'.'ir'tp..* the com6ined occupant load of interconnected Business areas i';;**rGiri..v""i"g spaces' Design of egress path C.*tr.om*"th"t th* fxed seating areas 40 net tap^.ity'tttrU be based on the cumultd-':ryf:ii^| Day care 35 net .' ,:. |':tjaiui"n, loads of all rooms, areas or spaces to that 50 gross wl Dormitories the path of egress travel' fi poini along Educational 'Ul That por- 20 net le.t;l fiOO+.t.f.Z Ailjacent levels for mezzanines' Classroom area a mezzanine with required other vocational room areas 50 net of the ociupant-h load of Shops and ir',tion gross i,a,'"g.o. through room' area or space on an acljacent Locker rooms 15 of that room' gross l"t'lJu"I shali he added to lhe occupant load Exercise rooms 50 :area or space. t{J Fabd"alro* and manufacturilg areas 200 gross Other than.for the egress 100 gross ' fOOq.f .f .S A-dj acent, stories. Industrial areas | i:components in accordance rd, dlsigned for convergence Institutional areas load from separate I rt : wittr Section 1005.6, *te occupant Inpatient treatment areas I 240 gross stories shall not be added. of Outpadert areas 100 gross )n tiOO+.f.2 Areas without fixetl seating' The number of Sleeping areas 120 gross at the-,u!1^ol gross ,bccupants shall be computed :"^":t""P1ol Kitchens, cornmercial 200 i,$., ,rnit of area u, p."r"ib"d in Table 1004. 1.2- For areas Library I ivithoutf:ed seating, the occupa:rt load shall be not less Reading rooms | 50 net than that number diiermineal by dividing the floor area Stack area I t00 gross under consideration by tlrc occupant load factor-assigned MaIl buildings-covered and oPen See Section 402.8.2 io the function of the space as set forth in Table 1004'1'2' 50 gross LWhere an intended funition is not listed in Table lW4'12' Locker rooms gross ::;the building fficitzl shall establish a function based on a Mercantile 60 gross i listed funciion that most nearly resembles the intended Storage, stock, shiPPing areas 300 , any j function. Parking garages 200 gross J i' 200 gross . Exception: Where approved by the building fficial' Residential ramP, ' the aitual number of occupants for whom each occu- 3[ating:infs, swimining Pools pied space, floor or building is designed,-although less Rink and pool 50 gross )gre.i-.{ than those determined by calculation, shall be permitted Decks 15 gross occupant I bva to be used in the detennination of the design Stages and plafforms 15 net ent as load. equip- Acce.*.J, storage areas' mechardcal 300 gross )e( r.1004.2 Increased occupant loa d.The occupant load permit- ment room 'ns be gross led in any building, oi portion thereof, is permitted to Warehouses 500 , this, , 'increased from that number established for the occupancles ul of ,a For SI: I square foot = 0.0929 m2. ',,Table 1004.1.2, provided that all other requirements of the Lg th9, i code modified number and the occu' are met based on such R408.3M18 load does not exceed one occupant per 7 square feet "pont 257 CODE 2015 MICH1GAN BUILDING CODE Department of Pl Enforcement 3434 ite E 740 Phone:23 -439-8933

To: Emmet County Planning Commission, ZoningBoard of Appeals & Board of Commissioners

From: Planning & Zoning, Tammy Doernenburg Director

Date: Prepared for Emmet County Planning Commission April 2019 meeting

Subject: Status of Enforcement Issues l. Littlefield - 512612017 - 3656 Oden Rd. Reports of property being used in violation of PUD. 611412017 - after confirmation and photos received, sent letter to owner and adjacent owners. 611912017 received call from one adjacent owner. 71712017-71812017 received photos from adjacent owner. Follow-up letter needs to be sent. Discussed with Civil Counsel 71241201'7 . Follow-up letter sent 812212017 . Received call from owner's legal counsel on Aug 30,2017 . Owner was to contact office to discuss options for "putting property into productive use." No additional contact to date. 912112017 - emailed legal counsel for property owner. Meeting scheduled for l0ll7l20l7 . Owner looking at options for submission to ZBA (Temp Use) or Planning Commission. 1211312017 - sent letter to owner requesting application for compliance by mid-January 201 8. Received two calls from parties interested in resolution. Received FOIA request on 1212912017 for entire file. Continued conversations with adjacent land owners. Will continue to follow-up as necessary. 512712018 - ser:il- letter requesting compliance. Same day received photos showing violation of parking. 71912018 - issued NOV for continued violation of siteplan. 7llll20l8-becameawareofsaleofproperty. DismissedNOV.7ll2l20l8-metwithnewpropertyowner. Advisedofoptions for compliance. 7ll8l20l8 - received request by new owner for an interpretation of the PUD. 7l20ll8 received ZBAapplication for a Temporary Use Permit. 713012018 Property owners have met - township board member working toward PUD amendment and resolution by owners. 81212018 Applicant requested postponement of ZBA case after meeting with township Planning Committee. Possible PUD amendment to be pursued. New owners have been in contact regarding their intensions. Existing owner of docks have been submitting photos of parking in violation of the PUD. Components of a PUD amendment application received. No complete application received to date, but one is expected. PPUDF I 8-02 on November PC agenda. Case postponed, scheduled for 121612018. Case postponed, scheduled for 111012019. Case requested to be postponed, scheduled for 21712019. Meeting canceled, now scheduled for 311412019. Civil Counsel review requested on3l20l20l9. 41412019 PC conditionally approved. Will need to monitor conditions and site.

1 MapleRiver-911112017-Sentletterto2526GregoryRd-accessorybuildingwithoutamainuse-noSUP. Housewastobestarted within 2 years, no house. Accessory building is not completed. 1112812017 sent letter requesting compliance. 1212012017 No response to date. lll2l20l8-sitenotaccessible. 5l9l20lSsentlettertoowner. 5l24l20lSSUPappliedfor-willbeontheAugust20l8PCagenda. SUP denied at8l2l20l8 PC meeting. Letter sent to owner requesting removal of structure. Follow-up needed after snow melt.

3. Littlefield - 4700 Oden Rd / 4653 Pangbuin St- 4ll7l20l8 - during ZBA case review of neighboring property, discovered encroachment from this subject property. Staff to investigate further. 5l2ll20l8 - letter sent to owner. Received call 512412018 from owner who is meeting with association Memorial Day weekend. Will explore options. 61612018 received call from property owner within association. Still exploring options with neighboring property owner and road vacating. 612612018 - received call from property owner - meeting with township regarding vacating platted roads. 81912018 - owners met with township Board to discuss options regarding platted roads. MDOT consulted regarding claim of state right-of-way for one platted road - determination made MDOT does not claim rights to either platted road 812012018. Owners seem to be working toward compliance. I lll5l20l8 received email of status - owner attempting to abandon roads and convey to appropriate adjacent properties to allow mobile home to remain at its current location. 1112012018 spoke with property owner representative and requested update in 30 days. Working toward resolution. l2l2ll20l8 - meeting with Civil Counsel to work toward next steps. ll2l20l9 letter sent to both the property owner and mobile home owner. No response from mobile home owner, property owner claimed no responsibility. Violation letter 2 sent 112312019. No response from mobile home owner to date. Property owner at 4653 Pangbuin St has sent responses. 21712019 Sent Final Notice. 31612019 Notice of Violation issued. 31812019 corresponded with attorney for Bossingham. Provided options. 311512019 received proposed lot split plans. 312012019 Advised attomey of options for compliance. Communication continues with attorney and surveyor.

4. Springvale - Channel Rd - 5ll4l20l8 - received email complaint of building too close to property line (survey recently completed). Investigation showed no building on the site in 2008 aerials, but present in2012 aerials. Visited site, found building appears to violate setback. Sent letter to owner on 512112018. Met with owner on 512312018 - provided application for variance and zoning permit for conversionofaccessorybuildingtodwelling. 5l30l20lSapplicationreceivedforvariance. TllTl20lS-ZBAdeniedvariancerequest. Additional violations discovered on property. Will pursue for compliance. 8/8/2018 - zoning permits issued to resolve both zoning violations. Notice provided to building department for changes of use. Owner has been in contact with Building Official and is working toward compliance. Zoning compliance achieved.

5. Bear Creek - 3529 Howard Rd - Complaint regarding site plan violation. Investigated site 51412018. Found site to be in violation of approved site plan and screening has died. Sent enforcement letter 511812018. 612112018 - no response to date. 7ll8l20l8 - visited site. Trees have been planted, but site not in compliance with approved site plan. Piles ofdebris (trees) and parking in areas not identified for such uses on site plan. 812012018 - sent follow-up letter regarding site violations. 9ll9l20l8 - business staff have been communicating with office staff. They plan to apply for an amendment to their site plan. llll8l20l8 no plans submitted to date. l2ll9l20l8 - revised -1- plan and application submitted. Application incomplete. Applicant contacted and additional information received. 21612019 complete application received, scheduled for 3ll4l20l9 meeting. Township requested postponement due to inadequate site plan 2127/2019. 3l2ll20l9 spoke with representative for applicant, requested postponement. Expect review during May ECPC meeting.

6. BearCreek-lT00AndersonRd-6/27/2018-complaintofoutdoorstorage/salesinunauthorizedarea.6129120l8-contactedFireChi-- regarding display/storage in fire-lane. He indicated he'd contact the store and asked that I address storage in back ofstore. 7l1612018 - Sent letter. Received call from manager indicating store is now in compliance. Requested a site visit. Site visit conducted 811612018 - called manager, not in. Follow-up needed. 1212012018 * site visited. Letter to property owner prepared to address development as a whole. 21812019 received email from property manager. Met with property manager for adjacent parcels. Need to reach out to different property manager for this property.

7. CarpLake-8772ParadiseTr-612512018-receivedphonecall oftootallsign. Investigatedandfoundnewsign-nopermits. Sent letter same day. 711012018 - received phone call from owner. Sign was installed, is too tall, is in road right-of-way and is too large in area. Gave options to owner and asked for compliance. 712012018 - owner applied for ZBA review. 81612018 ECRC denied road commission permit application for sign located in road right-of-way. 81612018 - owner withdrew ZBA request. 812012018 - sign still at same location. Sent follow-up letter to owner requesting removal of sign. 9ll0l20l8 - sign has been moved, but is still visible from the road. Follow-up needed. Received call regarding outdoor lighting installed on cottages with glare onto neighboring property. Visited site 1/18/2019. Letter to be sent. 21712019 - follow-up letter sent. Received call from owner who claimed harassment. Sent information for sign variance and lighting standards. 31412019 received complaint from owner regarding enforcement. Advised by owner not to enter property. 312012019 visited site from neighboring property and road. Lights are out of compliance and glare onto neighboring property. 4/512019 received follow-up letter from owners. 4llll20l9 sent response letter inviting ZBA application.

8. Bear Creek - 5296 Evergreen Tr - 811312018 - complaint of RV being used in front yard as a dwelling. No building permits for the property. 1212012018-visitedsite. Will sendletter. Lettersent,call receivedfromownerofRY2125l20l9. Willmoveinspring. 4llll2019 received call from owner, RV will be moved soon.

9. Bear Creek- 1264 US 31 N - 8/2/2018 - report of sign in disrepair. Letter sent to owners 812312018. Will follow-up with new owner. 1211012018 - letter sent to new owner. Received phone call lll1l20l9 regarding sign. Owner wishes to use the sign. 21712019 spoke with owner - new use may be known within 30 days. 312112019 Have received many calls and emails regarding potential use. Follow-up needed.

10. Bear Creek - Mitchell/Division Rd - l2ll9l20l8 report of dumpster enclosure in disrepair. Site visit shows dumpster is in violation of screening standards. Letter sent 212812019. No response to date.

ll. Bear Creek- 3500 Click Rd- 1l25l2[lg- complaint of structure too close to right-o1:-way . ll28l2[1g -site visit scheduled. ll2gl2[[: visited site. Property lines not identified. Location is temporary, but appears to meet setback standards. Follow-up will occur in spring. Met with property owners 41512019 - building to be moved as soon as weather permits.

12. Littlefield - 527 5 Y alley Rd, complaint of structures without permits. 21812019 - sent letter to owner. Accessory building started without a permit. 3ll9l20l9 received call from owner, indicated she would submit application for farm use building. 41512019 - compliance achieved. Permit issued.

1 NOTES TO SECTION 1900. SCHEDULE OF REGULATIONS a. Unless approved central domestic water and sewerage facilities serve the development, the minimum lot requirements shall be stated in the "Schedule of Regulations". If central water and/or central sewerage facilities serve the development, the minimum lot requirements may be reduced to 12,000 square feet (100 x 120).

b. In the case of arear yard abutting a side yard of an adjacent lot, the side yard abutting a street shall not be less than the required front yard of that district.

c. For the purpose of applying yard regulations, multiple dwellings shall be considered as one (l) building occupying one (1) lot. When more than one multiple dwelling building occupies one lot, the two or more structures must be separated by at least 20 feet when end to end and fifty (50) feet when face to face or back to back for structures up to two stories. These isolation distances shall be increased by eight (8) feet for each story above the first two stories.

d. Multiple family and/or apartment buildings, including row houses, town houses and the like, shall not exceed a density expressed in dwelling units per acre as follows:

1. Where detached single family units are constructed, apply the R-1 One-family District lot standards.

2. MULTIPLE ,E:R-2A,2A R-2B AND ND R-R-2C DISTRICTS Type of Units in Minimum Land Area per Net Density in R-2A & R-28 Districts Dwelling Unit Excluding Units per Acre Public Roads

Efficiency 6,000 Square Feet 7.260

One Bedroom 6,000 Square Feet 7.260

Two Bedroom 8,500 Square Feet 5.125

Each Additional Bedroom - Add 4,000 Square Feet nJa Type of Units in Minimum Land Area per Net Density in R-2C Districts Dwelling Unit Excluding Units per Acre Public Roads

Efficiency 4,000 Square Feet 10.890

One Bedroom 4,000 Square Feet r0.890

Two Bedroom 5,667 Square Feet 7.687

Each Additional Bedroom, Add +3,000 Square Feet nla DENSITY NOTES: I. A "den" or "library" or "extra room" shall count as a bedroom for the purposes ofcomputing density. 2. In a rooming house, boarding house, group quarters, or residential care facility, every three (3) persons of occupancy shall count as being equivalent to one (1) bedroom for purposes of computing density. 3) Unless the construction plans include tying into an existing municipal or community sewer and/or water system, the on-site services to be constructed shall be designed so

Emmet Counry Zoning, Ordinance Page 79