Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, May 2, 2013 7:00 p.m. - Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan AGENDA I Call to Order II Roll Call III Approval of Agenda At this time the Planning Commission can take action to approve the May 2, 2013 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the April 4, 2013 meeting Minutes. V Public Hearing PC-2013-04, Manistee Historic Red School House CDC, 284 First Street – Special Use Permit for Commercial Day Care Facility A request has been received from Brian and Sue Hamilton – Manistee Historic Red School House CDC, 284 First Street for a Special Use Permit for a Commercial Day Care Facility. At this time the Chair shall open the hearing. The Applicant shall present any comments and explanation of the case. City Staff shall present their report The hearing will be opened for public comments The hearing will be closed VI Public Comment on Agenda Related items VII New Business PC-2013-04, Manistee Historic Red School House CDC, 284 First Street – Special Use Permit for Commercial Day Care Facility Page 1 of 2  A Public Hearing was held earlier in response to a request from Brian and Sue Hamilton – Manistee Historic Red School House CDC, 284 First Street for a Special Use Permit for a Commercial Day Care Facility. At this time the Planning Commission will take action to approve/deny the request from Brian and Sue Hamilton – Manistee Historic Red School House CDC, 284 First Street for a Special Use Permit for a Commercial Day Care Facility. VIII Old Business IX Public Comments and Communications At this time the Chair will ask if there are any public comments. X Correspondence At this time the Chair will ask if any correspondence has been received to be read into the record. XI Staff/Sub-Committee Reports At this time the Chair will ask Staff for their report. At this time the Chair will ask if any of the Sub-Committees have anything to report. XII Members Discussion At this time the Chair will ask members of the Planning Commission if they have any items they want to discuss. XIII Adjournment Page 2 of 2  CITY OF MANISTEE PLANNING COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES April 4, 2013 A meeting of the Manistee City Planning Commission was held on Thursday, April 4, 2013 at 7 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 7:00 pm by Chair Yoder Roll Call: Members Present: Maureen Barry, David Crockett, Bill Dean, Ray Fortier, Marlene McBride, Mark Wittlief, Roger Yoder Members Absent: None Others: Steve Brower (representing Arens Investment Company), Brian and Sue Hamilton (284 First Street), Mike Baker (Hooker, Dejong, Inc.), Denise Blakeslee (Planning & Zoning) and others APPROVAL OF AGENDA Motion by Ray Fortier, seconded by Bill Dean that the agenda be approved as prepared. With a Roll Call vote this motion passed 7 to 0. Yes: Barry, Crockett, Dean, Fortier, McBride, Wittlief, Yoder No: None APPROVAL OF MINUTES Motion by Ray Fortier, seconded by Mark Wittlief that the minutes of the March 7, 2013 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 7 to 0. Yes: Dean, Fortier, Barry, Crockett, McBride, Wittlief, Yoder No: None City of Manistee Planning Commission Meeting Minutes of April 4, 2013 Page 1 PUBLC HEARING Chair Yoder opened the Public Hearing at 7:03 pm PC-2013-02 – Arens Investment Company – Alley Vacation Request A request has been received from Arens Investment Company to vacate that portion of the alley located between lot 1, 2, 3, 4, including the east 18.75 feet of lot 5 and lot 12, 11, 10, 9 including the east 18.75 feet of lot 8, located in Block 9 of Filer and Tyson’s Addition to the City of Manistee. Steve Brower, representative for Arens Investment Company spoke to Mr. Arens before the meeting and under the circumstances requested the Planning Commission to postpone deliberation on the request until the June 6, 2013 Planning Commission Meeting when Mr. Arens could be present. Letter received from Mr. Arens - attached Denise Blakeslee, Planning & Zoning – Ms. Blakeslee said that the Commission should conduct the Public Hearing so any person who was concerned about the request would have the opportunity to speak to the commission and it would meet the noticing requirements in the even the Planning Commission were to postpone deliberation until June. Copies of the request were forwarded to Director of Public Safety Dave Bachman who stated “It would be difficult to support just vacating an alley from our perspective without knowing the intended use or the impact of that use on other buildings. From that standpoint alone I as public safety wouldn't be able to support the vacation. Not near enough information for me to make that decision.” Utility Director Jeff Mikula reviewed and responded to the request – copy of memo attached. She received an email before the meeting that reads: “We have opened the manhole. It is full of debri and we are not able to determine if it is active until it is cleaned. There is also an adjacent catch basin full of debri and needs to be determined if it tied to the sanitary sewer. The request in my previous memo stands. I can schedule the cleaning next week.” There are several things that the Commissioners need to consider when be considered when reviewing the request.  What is the intended use for the property?  Are there any utilities located in the alley? When vacating streets or alleys we always reserve any existing utility easements, under Council’s authority as contained in Public Act 288 of 1967, MCL 560.256, and Section 13-3 of the City of Manistee Charter. Will this condition affect the applicant’s ability to use the property?  How will eliminating the alley affect access for the remaining property owners? City of Manistee Planning Commission Meeting Minutes of April 4, 2013 Page 2 Also Ms. Blakeslee wanted to clarify a statement in Mr. Arens letter regarding the Hotel Chippewa being constructed over the alley. She had asked the Museum Director to review the Sandborn Maps and it was determined that the Hotel was not constructed over the alley. Chair Yoder opened the hearing for public comments. None Chair Yoder asked if any correspondence had been received in response to the request. Robert & Donna Thomas, owner of 471 Water Street (adjoining property) - attached Travis Alden, Director, Manistee Main Street Downtown Development Authority - attached There were no more additional comments; the Public Hearing was closed at 7:10 pm. PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS PC-2013-02 – Arens Investment Company – Alley Vacation Request Earlier in the evening a Public Hearing was held in response to a request from Arens Investment Company for an Alley Vacation Request. MOTION by Ray Fortier, seconded by Mark Wittlief that the Planning Commission postpone action on the Alley Vacation Request from Arens Investment Company until the June 6, 2013 Planning Commission Meeting. With a Roll Call vote this motion passed 7 to 0. Yes: McBride, Wittlief, Dean, Fortier, Barry, Crockett, Yoder No: None Staff is to notice all the property owners in the block that deliberation on the request will take place at the June Meeting. City of Manistee Planning Commission Meeting Minutes of April 4, 2013 Page 3 The Woda Group, Inc. – Manistee Place PUD (former Chalet West Apartments) A request has been received from the Woda Group, Inc. – Manistee Place to relocate the basketball court, playground and picnic area. Staff is forwarding the request to the Planning Commission for review. Mike Baker, Hooker DeJong, Inc. – Mr. Baker presented the request to the Planning Commission. The previous location has significant changes in topography that would require retaining walls and switchbacks for ADA access. The new location is level and provides ADA access to the area. After discussion with staff they included a fence six feet in height, 75 feet in length. Discussion about the fencing and if additional fencing/gates should be required. MOTION by Dave Crockett, seconded by Mark Wittlief to approve the relocation of the basketball court, playground and picnic area at Manistee Place (former Chalet West Apartments) with the understanding that fencing options will be approved by staff. With a Roll Call vote this motion passed 7 to 0. Yes: Fortier, Barry, Crockett, McBride, Wittlief, Dean, Yoder No: None OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS Brian and Sue Hamilton, Manistee Historic Red School House, CDC – Mr. & Mrs. Hamilton have renovated the building at 284 First Street for a Child Development Center. They did not realize that a Special Use Permit was required for their facility. They are working on the request so it will be on the May Planning Commission Meeting. CORRESPONDENCE None City of Manistee Planning Commission Meeting Minutes of April 4, 2013 Page 4 STAFF/SUB-COMMITTEE REPORTS Denise Blakeslee, Planning & Zoning – Reminder of Workshop on April 25th 6 – 8 pm Zoning Administration, attending will earn Citizen Planner Credits. On April 10th both Ms. Blakeslee and Chair Yoder will attend the first Lakes to Land Meeting. MEMBERS DISCUSSION Commissioner Dean reported to the Commission about a meeting he attended and was appointed as a member for the roundabout at First Street Beach. This group is working on what should be placed in the roundabout; looking for artists; will have an online poll to select artwork at the end of summer; hope to have installed by Spring 2014. The Planning Commission will hold a Worksession on April 18, 2013 The next regular meeting of the Planning Commission will be held on Thursday, May 2, 2013 Meeting adjourned at 7:50 pm Worksession - Notes Worksessions are scheduled to allow the Planning Commission the opportunity to discuss in a less formal manner than a regular meeting. No motions can be made during a Worksession. Master Plan Update – Travis Alden MSDDA Director welcomes a Worksession with the MSDDA Board. Ms. Blakeslee will contact Mr. Alden to try to coordinate a date. ADJOURNMENT MOTION by Ray Fortier, seconded by Marlene McBride that the meeting/worksession be adjourned. Adjourned at 8:00 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of April 4, 2013 Page 5 City of Manistee Planning Commission Meeting Minutes of April 4, 2013 Page 6 City of Manistee Planning Commission Meeting Minutes of April 4, 2013 Page 7 City of Manistee Planning Commission Meeting Minutes of April 4, 2013 Page 8 City of Manistee Planning Commission Meeting Minutes of April 4, 2013 Page 9 City of Manistee Planning Commission Meeting Minutes of April 4, 2013 Page 10 City of Manistee Planning Commission Meeting Minutes of April 4, 2013 Page 11  CITY OF MANISTEE PLANNING COMMISSION WORKSESSION 70 Maple Street, Manistee, MI 49660 April 18, 2013 NOTES A Worksession of the Manistee City Planning Commission was held on Thursday, March 21, 2013 at 7pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 7:03 by Chair Yoder Roll Call: Members Present: Maureen Barry, David Crockett, Ray Fortier, Marlene McBride, Mark Wittlief, Roger Yoder Members Absent: Bill Dean Others: Travis Alden (Main Street/DDA Director), Jeff Rau (Chair Main Street/DDA), Dave Carlson, and Denise Blakeslee (Planning & Zoning) Master Plan Travis Alden, Main Street/DDA Director – Gave a presentation to the Commission on the Main Street program and scope of work including:  Main Street/DDA Mission Statement  Fourth year of program (applied for Main Street in 2008), Mr. Alden was hired in 2009  Main Street/DDA Nine Member Board  Main Street is a grass roots/volunteer based program, Mr. Alden is only employee  Annual Evaluation - Achieved National Accreditation  Funding/Revenue Sources  Four Point Approach – (Sub-committees) Design Committee – update on activities; Organization Committee – volunteers, recruitment; Economic Restructuring Committee – catalyst properties (Success stories Vogue Theatre, Blue Fish); Promotion Committee – events, marketing campaign Mr. Alden and Jeff Rau, Chair Main Street/DDA answered the commissioner’s questions. Denise Blakeslee and Roger Yoder attended the first Lakes to Land Meeting and reported to the Commission. ADJOURNMENT - The Worksession adjourned at 8:23 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Worksession Notes April 18, 2013  Planning & Zoning Community Development 231.398.2805 Fax 231.723-1546 MEMORANDUM www.manisteemi.gov TO: Planning Commissioners FROM: Denise Blakeslee, Planning & Zoning DATE: April 15, 2013 RE: Special Use Permit Request - 284 First Street Commissioners, we have received a request from Brian and Sue Hamilton, 284 First Street for a Commercial Day Care Facility and single unit apartment at the building at 284 First Street (Former School House Store). The Building at 284 First Street is located in the C-2 Commercial Zoning District. A Commercial Day Care Facility is permitted as a Special Use in the C-2 District. A Public Hearing notice was prepared and sent to the newspaper for publication; notice was sent to owners/occupants within 300 feet of the property and posted on the City web page. A copy of the request was sent to the Director of Public Safety and the Utility/Interim DPW Director for their review. Staff review of the request and site plan includes the following: Section 514 Vehicular Parking Space, Access, Pike Parking and Sidewalks does not specify the number of parking spaces required for a Commercial Day Care Facility, while the apartment requires two off street parking spaces. Item B. allows the Zoning Administrator, subject to Planning Commission concurrence to determine if parking is sufficient. The Facility is licensed with the State for up to 60 children with a breaks down in ages as follows: Classification Capacity Ratio Total Caregivers at Capacity Infant Young Toddler Capacity of 8 children 1 Caregiver for 4 Children or Each fraction of 4 2 Older Toddler Area Capacity of 8 children 1 Caregiver for 8 Children or Each fraction of 8 1 Three Year Old Room Capacity of 20 children 1 Caregiver for 10 children or Each fraction of 10 2 Including the driver Four Year Old Room Capacity of 24 children 1 Caregiver for 12 children or Each fraction of 12 2 Including the driver 60 children 7 caregivers The Site Plan provides for 14 standards spaces and one van-accessible Handicap Space for a total of 15 spaces. Staff feels that 15 parking spaces should meet the needs of the Commercial Day Care Facility and apartment. Planning Commission will need to concur with staff in order for the Special Use Permit to be issued. Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks: E. Off-street parking areas for all uses requiring City approval shall be paved with concrete or bituminous material with approved curbing and painted parking lines. Parking areas with ten (10) or more spaces shall include designated pedestrian walkways through the parking lot in addition to landscaped planting islands and perimeter buffers in accordance with Section 531, in all instances where sufficient space is available. The Site Plan includes striping in front of each entrance, but does not continue through the parking lot. The Planning Commission will need to determine if the striping is adequate to meet the standards of Section 514.E. Example of a Designated Pedestrian Walkway through the Arthur Street Boat Launch Parking Lot The following standards have been reviewed by staff and require Planning Commission review and will be part of the Resolution to approve, approve with conditions or deny the request. SECTION 1825 DAY CARE, COMMERCIAL A. Definition. A commercial facility which is not a private home and in which at least thirteen (13) minor children are given care and supervision for periods of less than twenty-four (24) hours a day unattended by a parent or legal guardian. B. Regulations and Conditions. 1. All required state and local licensing shall be maintained at all times. Applicant has received a Child Care Center with a capacity of 60 from the Michigan Department of Human Services Bureau of Children and Adult Licensing License #DC510337108. 2. All outdoor areas used for care and play area shall have appropriate fencing for the safety of the children. Such fence shall consist of a 6-foot high opaque fence along the area adjoining another residence, and a 4-foot to 6-foot high fence in the rear yard and in the side yard up to the front building line. Play areas abutting a public right-of-way shall be prohibited. The site plan shows a 4 ft chain link fence with gates located in the front of the building stopping at the 4 foot front yard set-back. 3. Any dumpsters on site shall be enclosed on four (4) sides with an opaque fence equipped with a lockable gate and shall not be visible from any lot line. Applicant is not using a dumpster, tidy totes will be used. 4. Such facilities shall be located at least 1,500 feet from any one of the following: a. A licensed or pre-existing operating group or commercial day-care home. b. An adult foster care facility. c. A facility offering substance abuse treatment and rehabilitation service to 7 or more people. d. A community correction center resident home halfway house or similar facility under jurisdiction of the County Sheriff or the Department of Corrections. While Five Cap is within the 1,500 feet staff determined that it is a Pre-School rather than a Day Care Facility. 5. Such facilities shall at all times be maintained in a manner consistent with the character of the surrounding neighborhood. Existing Building and Parking Lot. 6. The Planning Commission shall not prohibit evening operations completely, but may establish limitations on hours of operation and/or activities between the hours of 10PM and 6AM. The applicant’s license with the state describes hours of operation for the program as “Monday through Friday from 6:00 am until 6:00 pm.” 7. All parking areas shall comply with the provisions of Section 514 of this Zoning Ordinance. See Site Plan Review Comments 8. Commercial Day Care facilities shall front on and be accessed from a key street segment, as defined herein. Property fronts on First Street which is a Key Street Segment. 9. All signs shall comply with Article 21 of this Ordinance. When applicant is ready to install signage it will require a sign permit and will be reviewed by staff for compliance with Article 21. 10. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance. Applicant addressed landscaping in their narrative as follows: “There is some existing landscaping around the building, some of which will be taken out as it is overgrown and not appropriate. Any new landscaping will be done keeping the historic integrity of the building in mind and enhancing the neighborhood and surrounding areas. Any new landscaping will not create any visual or physical barriers and will be in accordance with the existing zoning requirements.” Excerpt from Licensing Rules for Child Care Centers Effective June 4, 2008 Caregiver/Children Ratios