Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, January 2, 2014 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 January 2, 2014 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the December 5, 2013 meeting Minutes. V Public Hearing PC-2014-01 Renaissance Painting Plus and Property Management LLC – Special Use Permit, Duplex A request has been received from Renaissance Painting Plus and Property Management LLC for a Duplex at 354 First Street. 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-2014-01 Renaissance Painting Plus and Property Management LLC – Special Use Permit, Duplex During the Business portion of the meeting the Planning Commission will deliberate on the request from Renaissance Painting Plus and Property Management LLC for a Special Use Permit to allow the existing building at 354 First Street to be converted into a duplex. At this time the Planning Commission could take action to adopt a resolution to approve/approve with conditions/deny the request from Renaissance Painting Plus and Property Management LLC Page 1 of 2  for a Special Use Permit for a Duplex at 354 First Street as submitted with application PC-2014-01 Sub-Committee Appointments According to the By-Laws of the City of Manistee Planning Commission the Chair will appoint members of the Planning Commission to serve on Sub-Committees of the Planning Commission and one member who shall serve on the Zoning Board of Appeals. By Law Review According to the By-Laws of the City of Manistee Planning Commission shall annually review their By-Laws at the regularly scheduled meeting in January. At this time the Planning Commission could take action to make changes to their By-Laws if necessary. Master Plan Review Under Section 125.3845, Sec. 45 (2) “At least every 5 years after adoption of a master plan, a planning commission shall review the master plan and determine whether to commence the procedure to amend the master plan or adopt a new master plan. The review and its findings shall be recorded in the minutes of the relevant meeting or meetings of the planning commission.” At this time that the Planning Commission could take action to continue their work on rewriting the City of Manistee Master Plan. 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  MEMORANDUM 231.398.2805 City of Manistee Planning & Zoning Administrator Fax 231.723-1546 dblakeslee@manisteemi.gov www.manisteemi.gov TO: Planning Commissioners FROM: Denise Blakeslee, Planning & Zoning DATE: December 23, 2013 RE: January 2, 2014 - Planning Commission Meeting Commissioners, the next meeting of the Planning Commission is Thursday, January 2, 2014 at 7 pm in the Council Chambers. We have the following items on the agenda:  Renaissance Painting Plus and Property Management LLC – Special Use Permit, Duplex – A request has been received from Renaissance Painting Plus and Property Management LLC for a Duplex at 354 First Street. A copy of the request, site plan/staff review, draft resolutions to approve or deny are enclosed for your consideration.  Sub-Committee Appointments - According to the By-Laws of the City of Manistee Planning Commission the Chair will appoint members of the Planning Commission to serve on Sub- Committees of the Planning Commission and one member who shall serve on the Zoning Board of Appeals.  By Law Review - According to the By-Laws of the City of Manistee Planning Commission shall annually review their By-Laws at the regularly scheduled meeting in January.  Master Plan Review - Under Section 125.3845, Sec. 45 (2) “At least every 5 years after adoption of a master plan, a planning commission shall review the master plan and determine whether to commence the procedure to amend the master plan or adopt a new master plan. The review and its findings shall be recorded in the minutes of the relevant meeting or meetings of the planning commission.” Please let me know if you are unable to attend the meeting. See you Thursday! Page 1 of 1  CITY OF MANISTEE PLANNING COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES December 5, 2013 A meeting of the Manistee City Planning Commission was held on Thursday, December 5, 2013 at 7pm 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, Bill Dean, Ray Fortier, Marlene McBride, Roger Yoder Members Absent: David Crockett (excused), Mark Wittlief (excused) Others: Denise Blakeslee (Planning & Zoning Administrator) APPROVAL OF AGENDA Motion by Ray Fortier, seconded by Maureen Barry that the agenda be approved as prepared. With a Roll Call vote this motion passed 5 to 0. Yes: Barry, Dean, Fortier, McBride, Yoder No: None APPROVAL OF MINUTES Motion by Ray Fortier, seconded by Bill Dean that the minutes of the November 7, 2013 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 5 to 0. Yes: Dean, Fortier, Barry, McBride, Yoder No: None PUBLC HEARING None City of Manistee Planning Commission Meeting Minutes of December 5, 2013 Page 1 PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS Election of Officers 2014 According to the By-Laws of the City of Manistee Planning Commission their annual election of Officers is held at the December Meeting for the following year. Chair At this time the meeting was turned over to Denise Blakeslee who asked for nominations for the Position of Chair. Ray Fortier, seconded by Marlene McBride nominated Roger Yoder for the position of Chair Nominations were asked for three times; There being no other nominations, nominations were closed. With a roll call vote, Roger Yoder was elected Chair of the Planning Commission for 2014, 5 to 0. Nominations were turned back over to Chair Yoder. Vice-Chair Chair Yoder asked for nominations for the Position of Vice-Chair. Maureen Barry, seconded by Marlene McBride nominated Ray Fortier for the position of Vice-Chair Nominations were asked for three times; There being no other nominations, nominations were closed. With a roll call vote, Ray Fortier was elected Vice - Chair of the Planning Commission for 2014, 5 to 0. Secretary Chair Yoder asked for nominations for the Position of Secretary. Ray Fortier nominated Marlene McBride for the position of Secretary Nominations were asked for three times; There being no other nominations, nominations were closed. With a roll call vote, Marlene McBride was elected Secretary of the Planning Commission for 2014, 5 to 0. Appointment of a Recording Secretary 2014 Once Elected the Secretary may appoint a Recording Secretary to handle the administrative functions of the office. City of Manistee Planning Commission Meeting Minutes of December 5, 2013 Page 2 Marlene McBride appointed Denise Blakeslee to act as the Recording Secretary for the Planning Commission for the year 2014. OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS None CORRESPONDENCE A copy of an e-mail from Gary Patulski was given to Leah DuMouchel, Beckett &Raeder, Inc. who facilitated the City of Manistee Visioning Session on November 21, 2013 and was included in the summary. Each member of the Planning Commission received a copy of the email with their meeting packet. The email read as follows: Since I am unable to attend the upcoming November meeting regarding Manistee's vision I would like to provide some input. The vision for Manistee should be: "Take care of the residents, pride will return, people will see and come" It should come as no surprise that the top priorities for Manistee should be: 1. Local Streets 2. Ending Subsidies to all City Enterprises 3. Tax incentives for Home Improvements 4. Jobs 5. Business Growth 6. Population Growth I have listed them in order of controllability by the City and which can be most directly impacted by the City. Manistee's current Strategic Plan is extremely weak and does not contain measurable quantifiable goals or clear responsibility. In Example, the goal for the Industrial Park is to be at 100% capacity. But When? In 2100? What is the goal for 2014, 2015, 2016? Who is responsible if the goal is not met? If you are not going to have measurable goals and clear accountability you don't have a Strategic Plan. The future projected debt subsidies to the Ramdell Theatre exceeding $1.6 million must cease immediately. Way too much money has been spent on that facility which the City projects will still not be a breakeven business by 2028! Shame on the City for throwing millions of good money after millions of bad. City of Manistee Planning Commission Meeting Minutes of December 5, 2013 Page 3 Jobs and Business growth really go hand in hand. Manistee must draw larges retail businesses to keep the shopping local and stop residents traveling to Ludington and Traverse City to shop. No City funds should be spent for ANY new Recreational or Tourist based Capital Projects. The majority of Manistee's tourists are drawn by the Casino not a City facility. Manistee is a Blue Collar town and it needs to return to its roots. Please call or email me with any questions you may have. Sincerely, Gary Patulski 832-334-8290 STAFF/SUB-COMMITTEE REPORTS Denise Blakeslee, Planning & Zoning Administrator – Each member was given a copy of the Visioning Summary that was emailed this afternoon along with a copy of “New Master Plans will need to be very different from traditional ones” that was downloaded from the MSU Master Citizen Planner News. Ms. Blakeslee received a draft of the survey that is being prepared and noted that a comment section needed to be added to the survey. Chair Yoder and Ms. Blakeslee discussed the opinion from City Attorney George Saylor that will allow Mark Wittlief to continue to serve on the Planning Commission and City Council. MEMBERS DISCUSSION Holiday wishes were exchanged. The Planning Commission does not have a Worksession scheduled for December. The next regular meeting of the Planning Commission will be held on Thursday, January 2, 2014 ADJOURNMENT Motion by Ray Fortier, seconded by Marlene McBride that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 7:30 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of December 5, 2013 Page 4  NOTICE OF PUBLIC HEARING City of Manistee Planning Commission The City of Manistee Planning Commission will hold a Public Hearing in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan to consider a request from: NAME: Renaissance Painting Plus & Property Management LLC 310 Fifth Street Manistee, MI 49660 LOCATION OF REQUEST: 354 First Street ACTION REQUESTED: Special Use Permit for Duplex DATE/TIME OF HEARING: Thursday, January 2, 2014 at 7 pm Interested parties are welcome to attend the hearing, or written comments with signature can be submitted to: Denise Blakeslee, Planning and Zoning Administrator, City of Manistee, 70 Maple Street, Manistee, MI 49660, (231) 398-2805. A copy of the application is attached.  Site Plan Review/Staff Report C-3 Central Business District Name of Owner: Renaissance Painting Plus & Property Management LLC Address/Parcel Code # 354 First Street #51-448-724-09 Proposed Use: Duplex > = Greater than Requirements Proposed Compliance < = Less than Yes No +/- = More or Less than Minimum Lot Area 2,500 sq. ft. 9,660 sq. ft. X Minimum Lot Width 25 ft. 80.50 ft. X Maximum Building Height 4 stories, or 50 ft. 2 stories, < 50ft X Maximum Lot Coverage 100% < 100% X Minimum Living Area 500 sq. ft. Each unit will have X more than 500 sq. ft. of living area Front Yard Set Back 0 ft. >0 X *Side Yard Set Back: 0 or 4 ft. (each side) >4 X Rear Yard Set Back: 6 ft. >6 X Waterfront 20 ft. n/a X Parking Requirements: 0 4 X Signage – subject to Article 21: n/a Landscaping Requirements – subject to Section 531: existing Outdoor Lighting Requirements – subject to Section 525: existing U.S. 31 Corridor Overlay District Requirements – subject to Article 19: n/a *Side Yard Set Back: Where a building is not proposed to be sited on the side lot line, a minimum yard of four (4) feet shall be provided. Existing structure complies Number of Units: Not more than three units per each fifteen hundred (1,500) square feet of building envelope. Existing parcel/structure complies Buffering: When a proposed commercial use is contiguous to a parcel in the R-1, R-2 or R-3 districts, the Planning Commission may require and additional buffer consisting of a ten (10) foot side and/or rear setback, a four (4) foot high landscaped berm or solid fence up to six (6) feet in height, or any combination thereof. n/a Notes: Existing Structure complies with requirements of Ordinance. Applicant has provided area for four off street parking spaces; off street parking is not required under Section 514.F “For all permitted uses and special uses in the C-3 District the parking provisions of this section shall not apply, except to hotels, motels, and residential use condominiums” Spoke with applicant, if there are any changes to existing outdoor lighting, new lighting will comply with requirements of Section 525. Compliance: Request complies with the requirements for a Duplex in the C-3 Central Business District Zoning Review by: Denise J. Blakeslee, Planning & Zoning Administrator  City of Manistee Planning Commission Resolution to Approve a Special Use Permit, Case Number PC-2014-01 Renaissance Painting Plus & Property Management LLC At a regularly scheduled meeting of the City of Manistee Planning Commission held on January 2, 2014, the following resolution was adopted to approve a Special Use Permit for a duplex as shown on Site Plan prepared by Noah Penn, Points West Land Surveying, LLC Dated 12-9-13 File No. 13-025. Planning Commissioner _____________ moved, supported by Planning Commissioner ____________, the adoption of the following resolution. WHEREAS, on December 9, 3013 a request was received from Renaissance Painting Plus and Property Management LLC for a Special Use Permit for a Duplex, and WHEREAS, a Duplex is provided for as a Special Use in the C-3 Central Business District, and WHEREAS, the parcel at 354 First Street is located in the C-3 Central Business District, and WHEREAS, the Planning Commission has provided proper notice and held a public hearing on the proposed Special Use Permit on January 2, 2014, and WHEREAS, the Planning Commission has received written comment, reviewed the site plan, and has completed review of the application, received input from the Applicant and 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. 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. 1  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 – Section 1829 Duplex of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. In any subdivision or site condominium, the Planning Commission may establish a limit on the number of duplexes within said development. 2. All off-street parking shall be in compliance with Section 514 of this Ordinance. 3. 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 a Duplex at 354 First Street shall comply with the following conditions: _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ CITY OF MANISTEE PLANNING COMMISSION: AYES: ABSTAINING: NAYS: ABSENT: MOTION: CARRIED CERTIFICATION: I, Marlene McBride, 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 January 2, 2014 ______________________________ Marlene McBride, Secretary 2  City of Manistee Planning Commission Resolution to Deny a Special Use Permit, Case Number PC-2014-01 Renaissance Painting Plus & Property Management LLC At a regularly scheduled meeting of the City of Manistee Planning Commission held on January 2, 2014, the following resolution was adopted to approve a Special Use Permit for a duplex as shown on Site Plan prepared by Noah Penn, Points West Land Surveying, LLC Dated 12-9-13 File No. 13-025. Planning Commissioner _____________ moved, supported by Planning Commissioner ____________, the adoption of the following resolution. WHEREAS, on December 9, 3013 a request was received from Renaissance Painting Plus and Property Management LLC for a Special Use Permit for a Duplex, and WHEREAS, a Duplex is provided for as a Special Use in the C-3 Central Business District, and WHEREAS, the parcel at 354 First Street is located in the C-3 Central Business District, and WHEREAS, the Planning Commission has provided proper notice and held a public hearing on the proposed Special Use Permit on January 2, 2014, and WHEREAS, the Planning Commission has received written comment, reviewed the site plan, and has completed review of the application, received input from the Applicant and 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. 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. 1  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 – Section 1829 Duplex of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. In any subdivision or site condominium, the Planning Commission may establish a limit on the number of duplexes within said development. 2. All off-street parking shall be in compliance with Section 514 of this Ordinance. 3. 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 a Duplex at 354 First Street t is hereby denied for the reasons set forth in this resolution. _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ CITY OF MANISTEE PLANNING COMMISSION: AYES: ABSTAINING: NAYS: ABSENT: MOTION: CARRIED CERTIFICATION: I, Marlene McBride, 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 January 2, 2014 ______________________________ Marlene McBride, Secretary 2  CITY OF MANISTEE PLANNING COMMISSION BY- LAWS AND RULES OF PROCEDURES 1. AUTHORITY These By- laws and Rules of Procedures are adopted by the Planning Commission of the City of Manistee, County of Manistee, ( hereinafter referred to as the Commission) pursuant to Public Act 110 of 2006, as amended, the Michigan Zoning Enabling Act; Public Act 33 of 2008, as amended being the Michigan Planning Enabling Act, the City of Manistee Zoning Ordinance, and the Public Act 267 of 1976, as amended, the Open Meetings Act. 2. OFFICERS 2. 1 Selection. At the December meeting, the Planning Commission shall elect a chair, vice- chair and secretary who shall serve for the next twelve ( 12) months and who shall be eligible for re- election. Vacancies in an office of the Commission shall be filled at the next regular meeting of the Commission. The membership shall elect one of its members to fill the vacancy until the next annual election. 2. 2 Duties. The chair shall preside at all meetings and shall conduct all meetings in accordance with the rules provided herein. D. The vice- chair shall act in the capacity of the chair in the absence of the chair or in the event of a vacancy in the office of chair; in which case, the Commission shall select a successor to the office of vice- chair at the earliest practicable time. D The Secretary shall be responsible for execution of documents in the name of the Planning Commission, the preparation of minutes, keeping of pertinent public records, delivering communications, reports, and related items of business of the Commission, issuing notices of public hearings and performing related administrative duties to assure efficient and informed Commission operations. The Secretary may appoint a Recording Secretary to handle the administrative functions of the office. In the event the Secretary is absent, the chair or acting chair shall appoint a temporary secretary for such meeting. 2. 3 Tenure. The officers shall take office at the first regularly scheduled meeting immediately following their election. They shall hold their office for a term of one year, or until their successors are elected and assume office. 3. MEETINGS 3. 1 Meeting Notice. Notice of all meetings shall be posted at City Hall by December 31st of each year. The notice shall include the date, time and place of the meeting. Any changes in the date or time of the regular meetings shall be posted and noticed in the same manner as originally established. When a regular meeting date falls on or near a legal holiday, the Commission shall select suitable alternate dates in the same month, in accordance with the Open Meeting act. 3. 2 Removal from Office. The legislative body may remove a member of the planning commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. City of Manistee Planning Commission Page 1 By- Laws and Rules of Procedures  3. 3 Commission Absences. In order to maintain the maximum participation of all appointed Planning Commission members at all scheduled meetings, the following is the attendance guide and Commissioner replacement policy for" excused" or" unexcused" absences: 1. When appointed, each Commissioner should state his/ her willingness and intention to attend each scheduled meeting of the Planning Commission. 2. In the event of unplanned personal matters, business trips, family vacation trips, changed job requirements, sickness, or other physical disabilities that prohibit the Commissioner from attending the scheduled meeting; the Commission Chair or staff Liaison to the Planning Commission should be notified as soon as possible prior to the time of the scheduled meeting of their inability to attend. The Commissioner upon this notification will receive an" excused absence" for the involved scheduled meeting. 3. If any Commissioner is absent from three ( 3) consecutive scheduled meetings without an " excused absence" for any of the three ( 3) meetings, the Commissioner shall be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question his/ her continued ability or interest in being on the Commission, giving the member a chance to rectify the attendance issue or submit a resignation. 4. There will be no limit on the number of consecutive " excused absences" for any Commissioner. However, if the Commissioner is repeatedly absent for at least 50% of the yearly scheduled meetings, that member will also be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question the member' s continued ability or interest to be on the Commission. The Commissioner will be considered for appointment nullification when the absences total six in the calendar year. 5. The appointment nullification action would be initiated by the City Manager and forwarded on to the City Council for official action. 3. 4 Special Meetings. A special meeting may be called by three members of the Planning Commission request to the Secretary or by the Chairperson. upon written The business which the Planning Commission may perform shall be conducted at a public meeting of the Planning Commission held in compliance with the Open meeting Act. Public Notice of the time, date, and place of the special meeting shall be given in a manner as required by the Open Meeting act, and the Secretary or Recording Secretary shall provide notice to commission members by writing, telephone, or e- mail. 3. 5 Quorum. In order for the Commission to conduct business or take any official actions, a quorum consisting of at least four of the seven members of the Commission shall be present. When a quorum is not present, no official action, except for the closing of the meeting may take place. The members of the commission may discuss matters of interest, but shall take no action until the next regular or special meeting. All public hearings without a quorum shall be scheduled for the next regular or special meeting and no additional public notice is required provided the date, time and place is announced at the meeting. 3. 6 Public Hearings. Hearings shall be scheduled and due notice given in accordance with the provisions of the Acts and Ordinance cited in Section 1. Public hearings conducted by the Planning Commission shall be run in an orderly and timely fashion. This shall be accomplished by the following procedure. City of Manistee Planning Commission By- Laws and Rules of Procedures Page 2  1. The Chair of the Planning Commission shall announce that a public hearing will be conducted on a request. 2. The Chair may read the public hearing announcement as published in the newspaper and give a brief description of the hearing subject and the public notice procedure. 3. The Chair may announce the following hearing rules: a. The Chair will recognize each speaker. When a speaker has the floor, he/ she is not to be interrupted unless time has expired. Persons speaking without being recognized shall be out of order. b. Each speaker shall state their name and address for the record and may present written comments for the record. c. Speakers shall address all comments and questions to the Planning Commission and comments will be limited to the subject matter of the Public Hearing. d. Unless waived by the Planning Commission for a specific meeting or a specific speaker, public comment shall be limited to five ( 5) minutes per speaker, one time only. If a group of people wish to be heard on one subject, a spokesperson may be designated who may request that more than five ( 5) minutes be permitted for collective comments of the group as presented by that speaker. e. The Chair may require that repetitive comments be limited or abbreviated in the interest of saving time and allowing others to speak. Everyone shall have an opportunity to speak before someone is allowed to speak a second time. f. The Chair may establish additional rules of procedure for particular hearings as he/ she determines appropriate. g. Normal civil discourse and decorum is expected at all times. Applause, shouting, outbursts, demonstrations, name- calling or other provocative speech or behavior may result in removal from the hearing or an adjournment. 4. Once all public comments have been stated, the Chair shall close the hearing. Any voting member of the Planning Commission may initiate a motion to close the hearing. 5. Public Hearings may be carried out in the following format: a. The Chair shall open the hearing. b. The Applicant shall present any comments and explanation of the case. Applicant' s presentation shall not be subject to the five ( 5) minute limitation. c. The City staff and any consultants serving the City shall present their reports. d. The hearing will be opened for public comment. e. The public comment period will be closed. f. Deliberation and discussion by the Planning Commission. g. Disposition of the case by the Planning Commission. 3. 7 Motions. Motions shall be restated by the Chair before a vote is taken. The name of the maker and supporter of each motion shall be recorded. 3. 8 Voting. An affirmative vote of the majority of those members present shall be required for the approval of any requested action or motion placed before the Commission. Voting shall ordinarily be by voice vote; provided however that a roll call vote shall be required if requested by any Commission member or directed by the Chairperson. All members of the Commission including the Chairperson shall vote on all matters, but the Chairperson shall vote last. City of Manistee Planning Commission By- Laws and Rules of Procedures Page 3  3. 9 Order of Business. A written agenda for all regular meetings shall be prepared as followed. The order of business shall be: Call to Order. Roll Call Approval of Agenda Approval of Minutes Public Hearings Public Comment on Agenda related items New Business Old Business Public Comments and Communications Correspondence Staff Reports Members discussion Adjournment A written agenda for special meeting shall be prepared and followed, however the form as enumerated above shall not be necessary. 3. 10 Rules of Order. All meetings of the Commission shall be conducted in accordance with generally accepted parliamentary procedure as adopted by City Council for all Boards and Commissions within the City of Manistee. 3. 11 Agenda Items. For an item to be considered at a regular Planning Commission meeting, it must be submitted to the City Community Development Department no later than the established policy of the City prior to the next scheduled Planning Commission Meeting. 3. 12 Conflict of Interest:Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the planning commission. The member is disqualified from voting on the matter if so provided by the bylaws or by a majority vote of the remaining members of the planning commission. 1. As used here, a conflict of interest shall at a minimum include, but not necessarily be limited to, the following: a. A commission member issuing, deliberating, voting or reviewing a case concerning himself. b. A commission member issuing, deliberating, voting or reviewing a case concerning work on land owned by himself. c. A commission member issuing, deliberating, voting or reviewing a case involving a corporation, company, partnership, or other entity in which he is a part owner, or any other relationship where he may stand to have a financial gain or loss. d. A commission member issuing, deliberating, voting or reviewing a case which is an action which results in a pecuniary benefit to himself. e. A commission member issuing, deliberating, voting or reviewing a case concerning his spouse, children, step- child, grandchildren, parents, brother, sister, grandparents, parents in- law, grandparents in- law or member of his household. f. A commission member may consider the possibility of declaring a conflict of interest if his/ her home falls within a notification radius used for a Public Hearing. Because the sending of the notice automatically presumes some degree of interest, this fact City of Manistee Planning Commission By- Laws and Rules of Procedures Page 4  should be recognized by declaring a conflict, particularly if a financial impact is likely. g. A commissioner who feels, in his/ her judgment that his/ her job, scope of duties and/ or position may be at risk, pending the outcome of the permitting process. 2. A commission member shall, when he/ she has a conflict of interest do the following immediately, upon the first review of the case and determining a conflict exists: a. declare a conflict exists at the beginning of the meeting where the case appears on the agenda, or when the topic brought up so such declaration is recorded in the minutes, and b. refrain from participating in the discussion, site inspection or review of the case, except where specific information has been requested by the commission, and c. refrain from casting a vote on any motion having to do with the case. 4. MINUTES 4. 1 Preparation. Commission minutes shall be prepared by the Secretary or Recording Secretary of the Commission. The minutes shall contain a brief synopsis of the meeting, including a complete restatement of all motions and recording votes; complete statement of the conditions or recommendations made on any action; and recording of attendance. All communications, action and resolutions shall be attached to the minutes. 5. OPEN MEETINGS AND FREEDOM OF INFORMATION PROVISIONS 5. 1 All meetings of the Commission shall be open to the public and held in a place available to the general public. 5. 2 All deliberations and decision of the Commission shall be made at a meeting open to the public. 5. 3 A person shall be permitted to address a hearing of the Commission under the rules established in subsection 3. 5, and to address the Commission concerning non- hearing matters at the time designated for such comments. 5. 4 A person shall not be excluded from a meeting of the Commission except for breach of the peace, committed at the meeting. 5. 5 All records, files, publications, correspondences, and other materials are available to the public for reading, copying, and other purposes as governed by the Freedom of Information Act. 6. COMMITTEES 6. 1 Executive Committee. The Executive Committee of the Planning Commission shall consist of the Chair, Vice - Chair and Secretary. The Executive Committee shall be the Joint Ordinance Review Committee. 6. 2 Committees. The Planning Commission or Chair of the Planning commission may establish and appoint standing and/ or ad hoc committees for special purposes or issues, as deemed necessary. No more than three members of the Planning Commission may serve on a standing and/ or ad hoc committee at any given time. Committee appointments shall be City of Manistee Planning Commission Page 5 By- Laws and Rules of Procedures  made at the first regular meeting held in January of each year or at the time the committee is formed. 6. 3 Rules of Procedure. All Sub- committees are subservient to the Planning Commission and report their recommendations to the Planning Commission for review and action and shall be conducted in accordance with generally accepted parliamentary procedure as adopted by City Council for all Boards and Commissions within the City of Manistee. 7. ANNUAL REVIEW OF BY- LAWS The Commission shall annually review their By- Laws at the regularly scheduled meeting in January. 8. AMENDMENTS These rules may be amended by the Commission by a concurring vote subject to subsection 3. 7, during any regular meeting, provided that all members have received an advanced copy of the proposed amendments at least three ( 3) days prior to the meeting at which such amendments are to be considered. 3rd I HEREBY CERTIFY that the above Bylaws were adopted the day of January 2013. e Maureen Barry, Secret As Amended by the Planning Commission at their regularly scheduled meeting of March 5, 2009. Amendments included requirements of the new Michigan Zoning Enabling Act and Michigan Planning Enabling Act.] Annotation: As approved by the City Council at their June 2, 2009 Meeting- Council authorized the bylaw amendments for all Boards and Commissions to include the new Board Absences language; directed all boards or commissions to implement and follow these changes as Council has requested; and authorized the Mayor to sign the amended bylaws.] Annotation: Section 3. 9 Order of Business was amended at the January 6, 2011 Planning Commission Meeting by adding" Public Comment on Agenda related items" after Public Hearings] Annotation: Section 3. 9 Order of Business was amended at the January 6, 2011 Planning Commission Meeting by adding" Public Comment on Agenda related items" after Public Hearings] In order for the Annotation: on January 3, 2013 the Planning Commission amended the first sentence of Section 3. 5 Quorum as follows: Commission to conduct business or take any official actions, a quorum consisting of at least five four of the nine seven members of the Commission shall be present.] Annotation: on January 3, 2013 the Planning Commission amended the second sentence of Section 6. 2 Committees as follows: No more than feuf three members of the Planning Commission may serve on a standing and/ or ad hoc committee at any given time.] Approved by the City of Manistee Council I1I6If Date Cd(een Kenny, Mayor City of Manistee Planning Commission Page 6 By- Laws and Rules of Procedures