CITY OF HARBOR SPRINGS PLANNING COMMISSION MEETING MINUTES October 20, 2011

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1 CITY OF HARBOR SPRINGS PLANNING COMMISSION MEETING MINUTES Vice - Chairperson Sara Smith called the Planning Commission meeting to order at 6:00 p.m. in the City Council Chambers of City Hall, 160 Zoll Street, Harbor Springs, MI Roll Call and Verification of a Quorum Present: Absent: Andrew Bowman, Mary Ellen Hughes, Lee Kramer, Sheryl McCleery, Pringle Pfeifer and Sara Smith Jack Deegan, Jeff Ford and Fred Walstrom Also Present: City Manager Thomas C. Richards, City Planner Larry Nix, City Clerk Ronald B. McRae, Scott Herceg, John Demoose, David Kimble, Tim Patton and Robert Vala. 2. Approval of Minutes Motion by Pfeifer, second by Hughes, to approve the September 15, 2011 Planning Commission Meeting minutes as read. Ayes: 6 Nays: 0 Motion carried. 3. Public Comments and Correspondence Vice-Chairperson Smith asked if anyone had any comments on an issue not on the agenda. There were no public comments. Vice-Chairperson Smith asked if there was any correspondence. City Manager Richards stated there was no correspondence. 4. Depot Restaurant Informal Presentation by the Developers David Kimble, Architect for the Developers, gave a presentation from conceptual drawings outlining the seating, site plan and building changes for the proposed Depot Restaurant.

2 Page 2 Kimble stated that the developers have named their venture the Harbor Springs Depot Dining Club, Inc. (hereinafter referred to as the Depot Restaurant ). Kimble stated that the first level would allow for seventy (70) seats outside and sixty-five (65) seats inside. The second level has forty-eight (48) seats planned for the inside and four (4) seats on the deck. Kimble informed the Planning Commission that the Depot Building property goes all the way to Bay Street on the north side of the building. Kimble stated that the proposed plan maintains the historical architecture of the Depot Building. Kimble also pointed out that the proposal would allow for a Club Entrance off the Walstrom Boat Club parking lot. Kimble stated that the primary issue with making this project feasible is the parking requirements within the Zoning Code. Kimble stated that the City responded to his letter requesting the number of parking credits for the Depot Building. A 2007 memorandum indicated there are seven (7) parking credits available. Kimble stated that with exemptions, changes to the Zoning Code or parking credit formula changes, this project could move forward. Patton, one of the developers, discussed the not-for-profit status concept that the Depot Restaurant is trying to obtain. Bob Vala, another developer of the project stated that the not-for-profit designation for the Depot Restaurant allows for the meeting of the State s requirements for the issuance of a liquor license. The Club Concept being proposed, according to the developers, would allow for annual memberships. Further, during the shoulder and off season times non-members could purchase a daily membership. Commissioner Bowman discussed the concept of the semi-private Club and the full service restaurant with the developers as he believed that it related to the City s Zoning Code. This discussion led to other concerns and questions from some of the Commissioners. Planner Nix stated that this was not the forum to discuss the business plan. He did, however, propose to review the logistics of the parking options available to the developers. Planner Nix reviewed the history of the Depot s parking requirements. Two spaces had to be reserved for the upstairs living space and the Depot was apparently granted seven (7) parking credits. With no further comments, Vice-Chairperson Smith closed the discussion. No action was taken.

3 Page 3 5. Parking Requirements Planner Nix reviewed the parking history and discussions of the City. Based on discussions from prior meetings, the Planning Commissioners are of the opinion that there are no parking issues in Harbor Springs for availability of parking spaces. However, there are some days, such as the Fourth of July, when there are no available parking spaces. This inconvenience is not a prevalent situation all summer long. Further, Planner Nix pointed out that it is very difficult for some types of new businesses to meet the parking requirements. Lastly, Planner Nix pointed out that the City had purchased a lot on Spring Street where a parking lot is planned. It is estimated that approximately twenty (20) parking spaces would be developed in that proposed parking lot. Planner Nix stated that the Planning Commission could develop a parking plan for the municipality. He asked the Planning Commission for some direction. The Planning Commission addressed the issues Planner Nix raised. Some of the issues were, but were not limited to: 1. Required parking spaces for residential units; 2. Parking credit changes; 3. The concept that an increase in the building size may not require an increase in the need for parking credits, but the change in use of the building may; 4. The option of valet parking for certain circumstances; and or 5. Some sort of transportation system from parking lots above the Bluff. Planner Nix stated that some of the criteria for this process may include items such as: 1. The number of parking spaces required above parking credits; 2. The type of use proposed and the parking demand peaks; 3. Whether the proposed business is seasonal or year round; 4 Availability of parking in the immediate vicinity of the proposed use; 5. The mix of uses in the immediate area; 6. The status of committed parking in the Municipal Parking Program; and 7. Other considerations which may arise in the development and consideration of the proposed parking plan. Planner Nix stated that he would be working with the City Manager and Zoning Administrator to develop a draft parking proposal for the Planning Commission s consideration.

4 Page 4 Kimble asked if the proposed parking plan would allow for the purchase of parking credits. Planner Nix stated that it could be considered. However, the concept of parking ratios may be used to determine the formula for required parking spaces or parking credits. It was the consensus of the Planning Commissioners present that Planner Nix should proceed with the development of the proposed parking plan. Vice-Chairperson Smith closed the discussion. No action was taken 6. Outdoor Seating - Consideration of an Alternative Permitting Process Planner Nix stated that during the September Planning Commission meeting the idea formalizing the procedures and regulations for reviewing and approving outdoor seating areas in the Central Business District (CBD) was discussed. Planner Nix reviewed the proposed procedure and regulations that he prepared in his memorandum on this issue. Planning Commissioners considered the items. The two major concerns voiced by the Planning Commissioners were: A. In Step 1, should the City Manager or Zoning Administrator seek advice from the Planning Commission on a proposed outdoor seating plan, the Planning Commission shall make the final decision, not the City Manager or Zoning Administrator. B. There was a Step 9 proposed that allows the City Manager or Zoning Administrator the authority to revoke an outdoor seating permit should the business break the rules. City Manager Richards discussed the need and the process of an annual review of the Outdoor Seating permit process and regulations. After the discussion, the consensus of the Planning Commissioners present was to have the Planner, City Manager and City Attorney prepare a draft ordinance to address the outdoor seating permit procedure and regulations for further Planning Commission consideration and recommendation to the City Council. Vice-Chairperson Smith closed the discussion on this issue with no formal action taken.

5 Page 5 7. Planning Commission Member Comments and Concerns A. Bicycle Riding on the Sidewalks in the CBD Commissioner Bowman questioned whether riding bicycles on the sidewalk is unlawful. In the CBD area downtown he witnessed children and adults riding their bicycles on the sidewalk and the near misses between the bicycle riders and pedestrians. This creates a very dangerous situation, especially for the very young and the senior citizens. City Manager Richards stated that he would review this issue with Police Branson. B. Conflict of Interest Vice-Chairman Smith stated that she would like to have the issue of Conflict of Interest reviewed She asked for a review of the Conflict of Interest policy. City Manager Richards stated that he would provide the guidelines that were prepared by the City Attorney and distribute it to the Planning Commissioners. 8. Adjournment With no further business, Vice-Chairperson Smith adjourned the meeting at 8:09 p.m. Ronald B. McRae, City Clerk