Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, June 6, 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 June 6, 2013 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the May 2, 2013 meeting Minutes. V Public Hearing PC-2013-05 – Manistee Community Kitchen, 254 River Street - Special Use Permit for an Eating and Drinking Establishment. A public hearing is being held in response to the Manistee Community Kitchen’s request for a Special Use Permit to allow an Eating and Drinking Establishment at 254 River Street (Iron Works Café). 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-2013-05 – Manistee Community Kitchen, 254 River Street - Special Use Permit for an Eating and Drinking Establishment. Page 1 of 3  During the business portion of the meeting the Planning Commission will review the request for a Special Use Permit from the Manistee Community Kitchen for an Eating and Drinking Establishment (Iron Works Café) at 254 River Street. At this time the Planning Commission can take action to adopt a resolution to approve/approve with conditions or deny the request from the Manistee Community Kitchen for a Special Use permit for an Eating and Drinking Establishment at 254 River Street submitted with application PC-2013-05. VIII Old Business PC-2013-02 – Arens Investment Company – Alley Vacation Request A request was 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. The Planning Commission held a Public Hearing at their meeting of April 4, 2013. The applicant requested that the Planning Commission postpone deliberation on the request until the June 6, 2013 meeting. All of the property owners within the block of the proposed Alley vacation request were noticed of the postponement on the request. At this time the Planning Commission could take action to deny the request or recommend to City Council that they 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 reserving any existing utility easements. 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 Page 2 of 3  At this time the Chair will ask members of the Planning Commission if they have any items they want to discuss. XIII Worksession Master Plan Update Lakes to Land/Beckett & Raeder XIV Adjournment Page 3 of 3  CITY OF MANISTEE PLANNING COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES May 2, 2013 A meeting of the Manistee City Planning Commission was held on Thursday, May 2, 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, Marlene McBride, Mark Wittlief, Roger Yoder Members Absent: Ray Fortier Others: Brian & Sue Hamilton (Manistee Historic Red School House CDC, 284 first Street), Dave Carlson, Denise Blakeslee (Planning & Zoning) and others APPROVAL OF AGENDA Motion by Dave Crockett, seconded by Mark Wittlief that the agenda be approved as prepared. With a Roll Call vote this motion passed 6 to 0. Yes: Barry, Crockett, Dean, McBride, Wittlief, Yoder No: None APPROVAL OF MINUTES Motion by Bill Dean, seconded by Marlene McBride that the minutes of the April 4, 2013 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 6 to 0. Yes: Dean, Barry, Crockett, McBride, Wittlief, Yoder No: None PUBLC HEARING Chair Yoder opened the Public Hearing at 7:03pm City of Manistee Planning Commission Meeting Minutes of May 2, 2013 Page 1 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. Brian and Sue Hamilton presented their case to the Planning Commission. Mr. & Mrs. Hamilton purchased the building, renovated the building and have passed inspection for the Day Care. They are ready to open. There is a small fenced in area on the front of the building, the kids will be in the fenced in area; small play items like balls will be available, no large structures like monkey bars will be constructed. Their facility will employ around 25 people with additional staffing during their summer camp. Denise Blakeslee, Planning & Zoning – Ms. Blakeslee presented the Staff Report as follows:  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.  The Site Plan includes striping in front of each entrance, but does not continue through the parking lot. An example of a Designated Pedestrian Walkway that was installed at the Arthur Street Boat Launch Parking lot was sent to the Commission. The inclusion of the language that requires a Designated Pedestrian Walkway was added to the ordinance to provide a visual method of slowing down traffic in parking lots. Staff feels that a parking lot that is being used to transport children to a Commercial Day Care Facility should have a Designated Pedestrian Walkway as required in Section 514.E Vehicular Parking Space, Access, Bike Parking and Sidewalks, of the Zoning Ordinance.  The Applicant has received a Child Care Center License with a capacity of 60 from the Michigan Department of Human Services Bureau of Children and Adult Licensing License #DC510337108.  The plan shows that a four foot chain like fence is being proposed as required in Section 1825 Day Care, Commercial, Item B.2 of the City of Manistee Zoning Ordinance.  The applicant is proposing the use of Tidy Totes instead of a dumpster. If the applicant were to determine that a dumpster was needed they would need to come back to the commission for location and enclosure approval.  Staff determined that the Five Cap Pre-School is within the 1,500 feet. It is not a Day Care Facility and does not need to be considered when reviewing Section 1825.B.4. The Planning Commission will need to concur with the determination. The Commission asked if any correspondence had been received from Five Cap. Staff said that none had been received and that they were sent a letter since their facility was within 300 feet of the proposed Day Care Facility.  The Planning Commission may establish limitation 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 am until 6 pm.” If the Planning Commission has any questions regarding hours of operation or limiting the hours of operation now is the time to ask the applicant. City of Manistee Planning Commission Meeting Minutes of May 2, 2013 Page 2 Mr. & Mrs. Hamilton said that they may have extended hours for shift workers. They have spoken with the State about getting their license changed to accommodate these clients. Discussion by the Commissioners resulted in a consensus that they did not feel extended hours would negatively impact the neighborhood and no conditions limiting hours were necessary.  The Building is located on a Key Street segment as required under Section 1825.B.8.  The Applicant will need to apply for a Sign permit and the signage will need to meet the requirements of the Ordinance.  The applicant addressed landscaping in their narrative. The Planning Commission will need to determine their proposed plan is sufficient. The plan read: “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.” Staff recommends that the Planning Commission require that a Designated Pedestrian Walkway be a requirement of the approval of the Special Use Permit as it is a requirement under Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks item E of the Zoning Ordinance. The Commission will need to determine if a new site plan is required, or if it can be drawn on the existing site plan. Staff recommends that, if the Planning Commission approves the request, deadlines be placed as conditions in the resolution for striping the parking lot and Designated Pedestrian Walkway and the installation of the fence. Ms. Blakeslee e-mailed a copy of the request to Jeff Mikula, Utility Director/Interim DPW Director and Public Safety Director Dave Bachman. Both responded “We see no concerns with the new use.” Chair Yoder opened the hearing for public comments. Dave Carlson, 100 Oak Street – This is a great preservation project and will provide a service to the community. Chair Yoder asked if any correspondence had been received in response to the request. No Correspondence was received in response to the request. There were no more additional comments; the Public Hearing was closed at 7:18 pm. PUBLIC COMMENT ON AGENDA RELATED ITEMS None City of Manistee Planning Commission Meeting Minutes of May 2, 2013 Page 3 NEW BUSINESS PC-2013-04, Manistee Historic Red School House CDC, 284 First Street – Special Use Permit for Commercial Day Care Facility 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. 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. The Site Plan includes striping in front of each entrance, but does not continue through the parking lot. An example of a Designated Pedestrian Walkway that was installed at the Arthur Street Boat Launch Parking lot was sent to the Commission. The inclusion of the language that requires a Designated Pedestrian Walkway was added to the ordinance to provide a visual method of slowing down traffic in parking lots. Staff feels that a parking lot that is being used to transport children to a Commercial Day Care Facility should have a Designated Pedestrian Walkway as required in Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks item E of the Zoning Ordinance. MOTION by Maureen Barry, seconded by Dave Carlson to adopt a resolution to approve 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. The Commission concurs with staff’s determination that Five Cap is a Pre-School rather than a Day Care Facility, so that the building at 284 First Street meets the requirements of Section 1825.B.4 The Commission concurs with staff that 15 parking spaces meets the needs of the Commercial Day Care Facility and apartment. The Commission determined that a designated walkway through the parking will be required for the main entrance to the building, the walkway that is shown on the plan for the secondary entrance (handicap ramp) as shown on the plan is sufficient. The walkway will be drawn on the plan and signed off by the Chair and Mr. & Mrs. Hamilton to avoid the costs of having new plans drawn. The Commission determined the applicant’s plans for landscaping is sufficient. The Commission discussed with the applicant the time they would need to stripe the parking lot and install the fencing. The applicants said that they need to be open to have the money to cover the expenses. They should be able to do the parking lot in a few days, the fencing will take about a month. The resolution was adopted with the following conditions: City of Manistee Planning Commission Meeting Minutes of May 2, 2013 Page 4  1. Designated Pedestrian Walkway to the Main Entrance be a requirement of the approval of the Special Use Permit as it is a requirement under Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks item E of the Zoning Ordinance. The walkway that is shown on the plan for the secondary entrance (handicap ramp) as shown on the plan is sufficient. 2. The striping for the parking lot and Designated Pedestrian Walkway needs to be completed by May 10, 2013. 3. The four foot chain like fence needs to be installed by June 3, 2013. With a Roll Call vote this motion passed 6 to 0. Yes: McBride, Wittlief, Dean, Barry, Crockett, Yoder No: None OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS None CORRESPONDENCE None STAFF/SUB-COMMITTEE REPORTS Denise Blakeslee – Handed out H.A.M. it Up! brochures to the members and reminded them if anyone wanted to sight up for the Training Wheels training they need to get their reservation in soon, space is limited. MEMBERS DISCUSSION Commissioner Crocket wished the Hamilton’s Good Luck with their Child Development Center. Next Worksession May 16, 2013. The next regular meeting of the Planning Commission will be held on Thursday, June 6, 2013 Meeting adjourned at 7:45 pm City of Manistee Planning Commission Meeting Minutes of May 2, 2013 Page 5  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 – Due to time constraints, staff has not had time to do any additional work since the last worksession. The Commissioners were updated on the Status of their Citizen Planner Certification Credits. ADJOURNMENT MOTION by Dave Crockett, seconded by Mark Wittlief that the meeting/worksession be adjourned. Adjourned at 7:55 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of May 2, 2013 Page 6  CITY OF MANISTEE PLANNING COMMISSION WORKSESSION 70 Maple Street, Manistee, MI 49660 May 16, 2013 NOTES A Worksession of the Manistee City Planning Commission was held on Thursday, May 16, 2013 at 6 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 6:03 by Chair Yoder Roll Call: Members Present: Maureen Barry,Bill Dean, Ray Fortier, Marlene McBride, Mark Wittlief, Roger Yoder Members Absent: David Crockett Others: Jon Rose (Community Development Director), Denise Blakeslee (Planning & Zoning) and others Master Plan Denise Blakeslee updated the Commission on the Lakes to Land Regional Initiative. Representatives from Beckett & Raeder will be at the June meeting to speak to the commission about the assistance they will provide for updating the Master Plan. Members were given information for a Master Plan Priority Share event on June 27th. Commissioners were asked to put it on their calendar. The Commissioners left City Hall for a tour of the City Garage Tour of City Garage Utility/Interim DPW Director Jeff Mikula gave the Commissioners a tour of the DPW Garage and discussed the work that the employees perform for the City. The Commissioners asked questions and thanked Mr. Mikula for the tour ADJOURNMENT - The Worksession adjourned at 7:30 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Worksession Notes May 16, 2013  Planning & Zoning Community Development 231.398.2805 Fax 231.723-1546 MEMORANDUM www.manisteemi.gov TO: Planning Commissioners FROM: Denise Blakeslee, Planning & Zoning Jon R. Rose, Community Development DATE: May 16, 2013 RE: Special Use Permit Request – 254 River Street Commissioners, we have received a request from Manistee Community Kitchen for a Special Use Permit for an Eating and Drinking Establishment at 254 River Street (Iron Works Building). The Building at 254 River Street is located in the P-D Peninsula District. An Eating and Drinking Establishment is a Special Use in the P-D 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 included:  The plan shows that a portion of the Iron Works Building will be converted into the Café – no change in building size.  Parking will be provided in an existing paved area, the parking area will be stripped to accommodate 12 parking spaces (only required to have 10 spaces under the ordinance).  The plan does not include a Bike Rack; the Planning Commission can discuss with the applicant an appropriate location for a Bike Rack to be placed.  The Site Plan includes area for a Community Garden. This may require a soil erosion permit. As a use by right it does not impact this application With the exception of the Bike Rack Staff review of the request and site plan shows that the requirements of the ordinance have been met.  City of Manistee Planning Commission Resolution to Approve a Special Use Permit, Case Number PC-2013-05 Manistee Community Kitchen Iron Works Café At a regularly scheduled meeting of the City of Manistee Planning Commission held on June 6, 2013, the following resolution was adopted to approve a Special Use Permit for an Eating and Drinking Establishment as shown on Site Plan prepared by Abonmarche ACVI Job #P13-061 Dated 5/14/13. Planning Commissioner _____________ moved, supported by Planning Commissioner ____________, the adoption of the following resolution. WHEREAS, on May 13, 3013 a request was received from the Manistee Community Kitchen for a Special Use Permit for an Eating and Drinking Establishment, and WHEREAS, an Eating and Drinking Establishment is provided for as a Special Use in the P-D Peninsula Zoning District, and WHEREAS, the Planning Commission has provided proper notice and held a public hearing on the proposed development on June 6, 2013, and WHEREAS, the Planning Commission has received written comment, reviewed the site plan, and has completed review of the application, Site input of the Applicant and the input received at said public hearing. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: A. RESOLVED, that the Planning Commission has reached the following determination regarding Special Use Permit Standards (Section 1802.A): 1. The Special Use is consistent with the adopted City of Manistee Master Plan. 2. The Special Use is designed, constructed, operated and maintained to be consistent with the existing or intended character of the general vicinity and such use will not change the essential character of the area in which it is proposed. 3. The Special Use is not hazardous or disturbing to existing or future uses in the same general vicinity and in the community as a whole. 4. The Special Use is served adequately by essential public facilities and services, such as highways, streets, police and fire protection, storm water drainage, refuse disposal, water and sewage facilities, and schools; or persons or agencies responsible for the establishment of the proposed use shall provide adequately for such services. 1  5. The Special Use does not create excessive additional requirements at public cost for facilities and services and will not be detrimental to the economic welfare of the community. 6. The Special Use does not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, vibration, smoke, toxic emissions, fumes, glare, or odors. 7. The Special Use meets the intent and purpose of the Zoning Ordinance; be related to the standards established in the Ordinance for the land use or activity under consideration; and will be in compliance with these standards. B. Findings of Fact - (Regulations and Conditions for requested Special Use Permit) of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. Such facilities shall maintain, at all times, all required state and local licenses and permits. 2. Such facilities shall be located and designed such that no objectionable noise in excess of 60 decibels shall be carried onto adjoining property zoned for, or occupied by, residential uses. 3. Such facilities shall be located and designed such that no objectionable odor or fumes shall be carried onto property located in the R-1, R-2 or R-3 districts. N/A 4. Any dumpsters on site shall be enclosed on four (4) sides with an opaque fence equipped with a lockable gate, so that any refuse or dumpster shall not be visible from any building, dwelling, adjacent property, or street. The site plan shall include measures satisfactory to the Planning Commission to control blowing trash, dust or debris from the facility. 5. The Planning Commission may establish reasonable hours of operation for eating and drinking establishments. 6. Within the R-2 and R-3 districts, Eating and Drinking Establishments shall front on and be accessed primarily from a key street segment, as defined herein. N/A 7. All exterior lighting shall be in accordance with Section 525 hereof. No changes are proposed to the lighting on site. 8. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 9. All parking shall be in compliance with the provisions of Section 514 of this Ordinance. 10. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance. BE IT FURTHER RESOLVED that the Special Use Permit for an Eating and Drinking Establishment at 254 River Street shall comply with the following conditions: 2 _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ CITY OF MANISTEE PLANNING COMMISSION: AYES: ABSTAINING: NAYS: ABSENT: MOTION: CARRIED CERTIFICATION: I, Maureen Barry, Secretary of the City of Manistee Planning Commission certify that the foregoing is a true and complete record of action taken by the Planning Commission at their regular meeting of June 6, 2013 ______________________________ Maureen Barry, Secretary 3  City of Manistee Planning Commission Resolution to Deny a Special Use Permit, Case Number PC-2013-05 Manistee Community Kitchen Iron Works Café At a regularly scheduled meeting of the City of Manistee Planning Commission held on June 6, 2013, the following resolution was adopted to deny a request for a Special Use Permit for an Eating and Drinking Establishment as shown on Site Plan prepared by Abonmarche ACVI Job #P13-061 Dated 5/14/13. Planning Commissioner _____________ moved, supported by Planning Commissioner ____________, the adoption of the following resolution. WHEREAS, on May 13, 3013 a request was received from the Manistee Community Kitchen for a Special Use Permit for an Eating and Drinking Establishment, and WHEREAS, an Eating and Drinking Establishment is provided for as a Special Use in the P-D Peninsula Zoning District, and WHEREAS, the Planning Commission has provided proper notice and held a public hearing on the proposed development on June 6, 2013, and WHEREAS, the Planning Commission has received written comment, reviewed the site plan, and has completed review of the application, Site input of the Applicant and the input received at said public hearing. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: A. RESOLVED, that the Planning Commission has reached the following determination regarding Special Use Permit Standards (Section 1802.A): 1. The Special Use is consistent with the adopted City of Manistee Master Plan. 2. The Special Use is designed, constructed, operated and maintained to be consistent with the existing or intended character of the general vicinity and such use will not change the essential character of the area in which it is proposed. 3. The Special Use is not hazardous or disturbing to existing or future uses in the same general vicinity and in the community as a whole. 4. The Special Use is served adequately by essential public facilities and services, such as highways, streets, police and fire protection, storm water drainage, refuse disposal, water and sewage facilities, and schools; or persons or agencies responsible for the establishment of the proposed use shall provide adequately for such services. 1  5. The Special Use does not create excessive additional requirements at public cost for facilities and services and will not be detrimental to the economic welfare of the community. 6. The Special Use does not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, vibration, smoke, toxic emissions, fumes, glare, or odors. 7. The Special Use meets the intent and purpose of the Zoning Ordinance; be related to the standards established in the Ordinance for the land use or activity under consideration; and will be in compliance with these standards. B. Findings of Fact - (Regulations and Conditions for requested Special Use Permit) of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. Such facilities shall maintain, at all times, all required state and local licenses and permits. 2. Such facilities shall be located and designed such that no objectionable noise in excess of 60 decibels shall be carried onto adjoining property zoned for, or occupied by, residential uses. 3. Such facilities shall be located and designed such that no objectionable odor or fumes shall be carried onto property located in the R-1, R-2 or R-3 districts. N/A 4. Any dumpsters on site shall be enclosed on four (4) sides with an opaque fence equipped with a lockable gate, so that any refuse or dumpster shall not be visible from any building, dwelling, adjacent property, or street. The site plan shall include measures satisfactory to the Planning Commission to control blowing trash, dust or debris from the facility. 5. The Planning Commission may establish reasonable hours of operation for eating and drinking establishments. 6. Within the R-2 and R-3 districts, Eating and Drinking Establishments shall front on and be accessed primarily from a key street segment, as defined herein. N/A 7. All exterior lighting shall be in accordance with Section 525 hereof. No changes are proposed to the lighting on site. 8. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 9. All parking shall be in compliance with the provisions of Section 514 of this Ordinance. 10. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance. BE IT FURTHER RESOLVED, that the Special Use Permit for an Eating and Drinking Establishment is hereby denied for the reasons set forth in this resolution. 2 _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ CITY OF MANISTEE PLANNING COMMISSION: AYES: ABSTAINING: NAYS: ABSENT: MOTION: CARRIED CERTIFICATION: I, Maureen Barry, Secretary of the City of Manistee Planning Commission certify that the foregoing is a true and complete record of action taken by the Planning Commission at their regular meeting of June 6, 2013 ______________________________ Maureen Barry, Secretary 3  Planning & Zoning Community Development 231.398.2805 Fax 231.723-1546 MEMORANDUM www.manisteemi.gov TO: Planning Commissioners FROM: Jon R. Rose, Community Development DATE: May 16, 2013 RE: Arens Investment Company – Alley Vacation Request Postponed from April Meeting Commissioners, the request from Arens Investment Company to vacate a portion of the alley between Pine and Spruce Street was postponed until the June 6, 2103 Planning Commission Meeting to allow Mr. Arens an opportunity to speak to the commission. To date we have not received any development plans for the property. I concur with Public Safety Director Dave Bachman and Utility/Interim DPW Director Jeff Mikula that without a specific development plan for the property there is no justification for the City to give up rights to the alley. This does not stop Mr. Aren’s from purchasing the property and coming back to the commission with a development plan in the future. Depending on the project there may be justification for vacating the alley at a future date. JRR:djb  Planning & Zoning Community Development 231.398.2805 Fax 231.723-1546 MEMORANDUM www.manisteemi.gov TO: Planning Commissioners FROM: Denise Blakeslee, Planning & Zoning DATE: March 26, 2014 RE: Arens Investment Company – Alley Vacation Request Commissioners, we have received a request from Arens Investment Company to vacate a portion of the alley between Pine and Spruce Street. Mr. Aren’s has made an offer to purchase the property which is contingent upon the vacation of 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 as shown on the attached survey. This is the former Hotel Chippewa property that has been vacant since the hotel burned in the early 1990’s. The request has been noticed and a public hearing has been scheduled for the April 4, 2013 meeting. There are a few items that need to be considered when reviewing the request.  What is the intended use for the property? o Without knowing what the intended use of the property will be, how does one justify vacating the alley?  Are there any utilities located in the alley? o 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. o If vacated this needs to be a condition of the motion. o Will this condition affect the applicant’s ability to use the property?  How will eliminating the alley affect access for the remaining property owners? o Will the remaining portion of the alley meet the access needs of the adjoining property owners? :djb Two properties adjoin the alley Photo of Alley taken from Spruce Street looking East 3-26-13  Aerial showing that the Hotel was not constructed over the alley  PUBLIC NOTICE The Manistee City Planning Commission will hold a public hearing on Thursday, April 4, 2011 at 7:00 p.m. in the Council Chambers, City Hall, 70 Maple Street, Manistee, MI 49660. The Hearing is being held in response to a request from: NAME: Arens Investment Company 2110 Crescent Beach Road, Manistee, MI 49660 HEARING PURPOSE: Request 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. Interested parties are welcome to attend the hearing, or written comments with signature can be submitted to: Jon Rose, Community Development, City of Manistee, P.O. Box 358, Manistee, MI 49660, (231) 398-2805.  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 Lakes to Land Regional Initiative A Collaboration Among 16 Communities in Northern Michigan The Lakes to Land Regional Initiative began with five Northwestern Michigan townships wishing to team up in order to attain an economy of scale and to pool grant application resources for the purpose of creating a collaborative master plan. Using the facilitation and convening services of the Manistee Alliance for Economic Success, the initiative received funding from the C.S. Mott Foundation and the Michigan Department of Treasury’s Economic Vitality Incentive Program. Beckett & Raeder, Inc. was the planning firm selected by the communities to facilitate the process. Within eight months, the Initiative had tripled in size to become the largest of its kind in Michigan: 10 townships, 4 villages, and 2 cities have all signaled a readiness and desire for cooperation throughout the region. All of the communities have environmental concerns that are interconnected, a delicate balance between rural character and economic development to maintain, and a seasonal economy that creates unique and challenging opportunities best faced collaboratively. To achieve this collaboration while clearly affirming the autonomy of each community, the project embarked on an innovative new process. A leadership team consisting of at least two representatives from each community was charged with the task of encouraging as many citizens as possible to participate in the 10 public visioning sessions held throughout the region to facilitate unique, "bottom up" planning. The voice of each community was articulated in an individual master plan in accordance with the Michigan Planning Enabling Act (Act 33 of 2008), and then its goals have been interlaced with neighboring communities' common goals to build synergy. Collaborative meetings among communities are at the heart of the initiative, and additional efforts such as a regional recreation plan are under consideration. In the fall of 2013, a "Convention of Communities" will launch the development of a collaborative implementation plan of action involving all communities. For more information, contact Tim Ervin of the Alliance for Economic Success at 231-723-4325 or tervin26@charter.net. instrumental