Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, February 6, 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 February 6, 2014 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the January 3, 2014 meeting Minutes. V Public Hearing VI Public Comment on Agenda Related items VII New Business PC-2014-02 - Custom Rocket Structure/Rotary Park Play Area – Douglas Park/First Street Beach A request has been received from the City of Manistee for a Land Use Permit for the Custom Rocket Structure/Rotary Park Play Area. At this time the Planning Commission can take action to approve/deny the issuance of a Land Use Permit for the Custom Rocket Structure at Rotary Park Play Area. VIII Old Business Master Plan Update 1|P age  Staff will discuss with the Planning Commission work that still needs to be done on the Master Plan Update. 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 2|P age  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: January 29, 2014 RE: February 6, 2014 - Planning Commission Meeting Commissioners, the next meeting of the Planning Commission is Thursday, February 6, 2014 at 7 pm in the Council Chambers. We have two items on the agenda: New Business PC-2014-02 - Custom Rocket Structure/Rotary Park Play Area – Douglas Park/First Street Beach - A request has been received from the City of Manistee for a Land Use Permit for the Custom Rocket Structure/Rotary Park Play Area. Old Business Master Plan Update - Staff will discuss with the Planning Commission work that still needs to be done on the Master Plan Update. 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 January 2, 2014 A meeting of the Manistee City Planning Commission was held on Thursday, January 2, 2014 at 7pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 7:02 pm by Chair Yoder Roll Call: Members Present: Maureen Barry, Bill Dean, Ray Fortier, Mark Wittlieff, Roger Yoder Members Absent: David Crockett (excused), Marlene McBride (excused) Others: John Beach (310 Fifth Street), Ed Seng (448 E. Kott Road/200 River Street), Kathy Morin (AES), Mitch Deisch (City Manager), Denise Blakeslee (Planning & Zoning Administrator) 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 4 to 0. Yes: Dean, Fortier, Wittlieff, Yoder No: None Commissioner Barry entered the Meeting. APPROVAL OF MINUTES Motion by Ray Fortier, seconded by Mark Wittlieff that the minutes of the December 5, 2013 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 5 to 0. Yes: Dean, Fortier, Barry, Wittlieff, Yoder No: None PUBLC HEARING Chair Yoder opened the Public Hearing at 7:04 pm City of Manistee Planning Commission Meeting Minutes of January 2, 2014 Page 1 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. John Beach, 310 Fifth Street presented the case to the Planning Commission. Mr. Beach is requesting approval for his request for a Special Use Permit for the home at 354 First Street to be a duplex. The home was previously a duplex, but was not registered and meets all of the requirements of a duplex. He has purchased 14 homes in Manistee and has spent $700,000 upgrading them. He purchases most of the materials locally. He buys homes, guts and refurbishes them. He wants nice homes and upgrades the electrical, roof and meets all building codes. This building is ready to go except for the upstairs that they are waiting for approval before finishing. Denise Blakeslee, Planning & Zoning Administrator – The request is for a duplex in the C-3 Central Business District. In the C-3 District there is no requirement to provide off street parking, but the applicant has shown on the site plan that there is room for four off street parking spaces. The proposal is to convert a single family home that was setup as a duplex in the past back into a duplex. The conversion will not alter the size of the building and currently there is more than 500 sq. ft. of living space on each floor (unit). The applicant is not changing any of the existing lighting on site, but staff has discussed with them the requirements if lighting were to be changed in the future. She received an email from Director of Public Safety Dave Bachman who had no objections to the request. Chair Yoder opened the hearing for public comments – no comments from the public in attendance. Chair Yoder asked if any correspondence had been received in response to the request. E-Mail from Gary L. Patulski was read into the record (attached). The applicant included a letter that was signed by six people who lived on First Street which Chair Yoder Read into the record (attached). There were no more additional comments; the Public Hearing was closed at 7:14 pm. PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS PC 2014-01 Renaissance Painting Plus and Property Management LLC – Special Use Permit, Duplex A public hearing was held earlier in response to a 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. Staff drafted a resolution to approve and a resolution to deny the request for the Planning Commission to use for their deliberation. City of Manistee Planning Commission Meeting Minutes of January 2, 2014 Page 2 Commissioner Wittlieff expressed his concern about the number of rentals in the community. MOTION by Ray Fortier, seconded by Bill Dean to adopt a resolution to approve the request from Renaissance Painting Plus and Property Management LLC for a Special Use Permit for a Duplex at 354 First Street as submitted with application PC-2014-01 With a Roll Call vote this motion passed 4 to 1. Yes: Dean, Fortier, Barry, Yoder No: Wittlieff 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. EXECUTIVE COMMITTEE (Chair, Vice Chair, Secretary)/ ORDINANCE RE-WRITE COMMITTEE Members of this committee will assist in reviewing the Zoning Ordinance for areas that need to be changed and/or updated and if needed review Zoning Ordinance Amendments with the City Council Ordinance Review Committee. Meet as needed Chair Yoder appointed: Marlene McBride – Secretary, Ray Fortier - Vice Chair, Roger Yoder - Chair MASTER PLAN REVIEW COMMITTEE/GREEN INITIATIVE - AD HOC COMMITTEE Members of this committee will be responsible to keep current with new trends/changes that are going on in the community that could impact the Master Plan and will review Green Initiative programs for the City of Manistee. These programs could include wind, solar and alternative energy programs that would benefit the community. Meet as needed Chair Yoder appointed: Bill Dean, Marlene McBride, and Mark Wittlieff SITE PLAN REVIEW/ SUBDIVISION COMMITTEE Site Plan Review Committee – Needed for Medium Site Plans for new construction; the Zoning Administrator has the option to forward requests to the Committee. Committee Review required for Planned Unit Developments. Subdivision Committee - This committee is required under section 1242.03 of the Code of Ordinances. Meet as needed Chair Yoder appointed: Bill Dean, Mark Wittlieff, and Roger Yoder Chair Yoder appointed 2 Alternates: Maureen Barry and Dave Crockett One member of the Planning Commission will be appointed as the Planning Commission Representative on the Zoning Board of Appeals. Chair Yoder appointed Ray Fortier. City of Manistee Planning Commission Meeting Minutes of January 2, 2014 Page 3 By Law Review According to the By-Laws of the City of Manistee Planning Commission the commission shall annually review their By-Laws at the regularly scheduled meeting in January. Members received copies of the By-Laws in their meeting packets. No Changes were made to the By- Laws. 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.” Motion by Maureen Barry, seconded by Ray Fortier that the Planning Commission will continue their work on rewriting the City of Manistee Master Plan With a Roll Call vote this motion passed 5 to 0. Yes: Wittlieff, Dean, Fortier, Barry, Yoder No: None OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS Ed Seng, 448 E. Kott Road/200 River Street – Mr. Seng spoke to the Commission about his property at 200 River Street on the Peninsula. He has approached City Council about the Development Agreement he entered into with the City and change in Zoning for his property. He has had studies done on the property and there are no Developers interested. It does not work. The development of the property will not happen in the near future and the best use of the property is to let him start shipping again. He has a company in the U.P. that he was shipping logs to until he was shut down. This would create 2-3 jobs and have impact on 200 jobs. He needs to go back to work. And has contacted various companies to bring new business to the peninsula and may be able to utilize the old Century Boat Property. He cannot dredge at the Century Boat location. He wanted to let the Commission know what was going on. He wants to get things in place by this spring. City Council will be discussing Mr. Seng’s desire to re-open his shipping business at their Worksession on January 14, 2014. He would like a temporary permit for his business. City of Manistee Planning Commission Meeting Minutes of January 2, 2014 Page 4 Commissioner Dean wanted to know the impacts these proposed uses would have on the area and the water. Commissioner Dean is a retired toxicologist and wants to see reports on environmental impacts. Staff explained the process for amending the Zoning Ordinance and the time frame for an amendment which averages between 3 – 4 months and the requirements for notification, Public Hearing Process, Council Ordinance Review, and two readings at council. Kathy Morin, AES Director – Ms. Morin gave the Commissioners a copy of “An overview of the types of activities AES staff and consultants are working on for 4th Quarter, 2013” (attached). Ms. Morin highlighted some of the developments and spoke of the impact developments have on adjoining municipalities. She said that there are positive things happening in Manistee. There is a lot or work spent on things that may not always have the same impact a new building will have, but the installation of utilities are necessary for communities. Mitch Deisch, City Manager – Mr. Deisch spoke to the Commission about the Development Agreement that Mr. Seng, Reith Riley and the City entered into. Reith Riley would not have purchased Mr. Seng’s property if a Renaissance Zone was not created giving them the tax incentives necessary for the development of their Asphalt Transfer Station. The Neighborhood Revitalization Action Plan for the Manistee Peninsula and removing the Industrial/Shipping off the Peninsula justified the creation of the Renaissance Zone for Reith Riley. Significant tax incentives in the form of a Renaissance Zone was provided to Reith Riley based upon removal if industrial uses on the Peninsula. The question that need to be asked is “Does the Neighborhood Revitalization Action Plan for the Manistee Peninsula make sense?” Mr. Seng’s request for a Temporary permit to reopen his business does not work. The Zoning Ordinance would need to be amended. If the ordinance were amended, if the City decided to remove the use at a later date it would create a pre-existing Legal Non-Conforming Use that would run with the property. Mr. Deisch also spoke of Michigan’s Mathieu-Gas Home Improvement Act for routine careful maintenance and minor improvements to residential properties. The complete renovation of a property would not be eligible under the Mathieu-Gas Act. He also spoke of the Neighborhood Enterprise Zone program that provides tax incentives for the development and rehabilitation of residential housing. These NEZ’s would need to be designated. Mr. Seng gave a copy of the information that he presented to City Council for staff to copy for the Planning Commissioners. This item will be on the Planning Commission worksession on January 16, 2014 for further discussion. CORRESPONDENCE None STAFF/SUB-COMMITTEE REPORTS Denise Blakeslee, Planning & Zoning Administrator – Updated copies of the City of Manistee Community Visioning Summary were handed out to the members. Copies of the recently released City of Manistee Planning Commission Meeting Minutes of January 2, 2014 Page 5 American Community Survey (ACS) Demographic and Housing Estimates; Selected Housing Characteristics; Selected Economic Characteristics; Selected Social Characteristics in the United States were given to members. This information was found in a link on the Northwest Michigan Council of Governments December 2013 Newsletter. She also spoke of seminars that are being scheduled for the upcoming year. MEMBERS DISCUSSION Chair Yoder congratulated Commissioner Fortier on the newspaper article in the Ludington Daily News that spoke of his volunteer work at the Museum. The Planning Commission will hold a Worksession on January 16, 2014 The next regular meeting of the Planning Commission will be held on Thursday, February 6, 2014. ADJOURNMENT Motion by Ray Fortier, seconded by Maureen Barry that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 8:05 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of January 2, 2014 Page 6 City of Manistee Planning Commission Meeting Minutes of January 2, 2014 Page 7 City of Manistee Planning Commission Meeting Minutes of January 2, 2014 Page 8 City of Manistee Planning Commission Meeting Minutes of January 2, 2014 Page 9 City of Manistee Planning Commission Meeting Minutes of January 2, 2014 Page 10 City of Manistee Planning Commission Meeting Minutes of January 2, 2014 Page 11  CITY OF MANISTEE PLANNING COMMISSION WORKSESSION 70 Maple Street, Manistee, MI 49660 January 16, 2014 NOTES A Worksession of the Manistee City Planning Commission was held on Thursday, January 16, 2014 at 7 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Worksession was called to order at 7:04 by Chair Yoder Roll Call: Members Present: Maureen Barry, David Crockett, Bill Dean, Ray Fortier, Marlene McBride, Mark Wittlieff, Roger Yoder Members Absent: None Others: Denise Blakeslee (Planning & Zoning Administrator), Mitch Deisch (City Manager), Ed Seng (200 River Street), Steve Blank, Kathy Morin (AES), Dr. Bob Mattice, Eric Gustad ( 1014 Engelmann Street) and others PENINSULA ZONING: The Planning Commission in response to correspondence received from Mr. Ed Seng at the January 2, 2014 meeting discussed the Zoning on the Peninsula and the Neighborhood Revitalization Action Plan – Manistee Peninsula. Staff gave a PowerPoint presentation to the Planning Commission (this is the same presentation that was made to City Council on Tuesday, January 14, 2014). The Planning Commission reviewed the Future Land Use Map, General Industrial, Residential/Commercial Mixed-Use Redevelopment District (Peninsula Area), Waterfront Overlay Districts/Manistee Lake Front Overlay sections of the Future Land Use Portion of the current Master Plan. Staff prepared an aerial photo that showed all of the properties, owners and frontage on Manistee Lake in the General Industrial District and the Consumers property in the Waterfront District where Shipping is a use by right. Ed Seng spoke to the commission about his desire to reopen his shipping business. The property does not have any value as a development site; the value is to use it as a shipping facility. Dr. Bob Mattice said the zoning on the Peninsula was incorrect. Steve Blank spoke to the commission about a steel manufacturing plant that he wants to bring to the area and that having more than one shipping facility in the area makes it more competitive. City of Manistee Planning Commission Worksession Notes - January 16, 2014 Page 1 City Manager Mitch Deisch spoke to the commission about their function to look at the long term vision for the community; how the location of a facility (be it in the City or adjoining township) is not as important as obtaining jobs; about tax incentives and the development agreement/zoning; the agreement was a three party agreement and need attorney to review for any impacts to the third party (Rieth Riley). Discussion about having a study that would look at the shipping use/residential use and other uses on the peninsula and the impact of reopening a shipping facility; the impact that more than 5 trucks a day would have on the infrastructure; how more information would be needed. Kathy Morin from AES said she may have some resources to assist with the process. She spoke of the current $15 million dollar redevelopment project at the Portage Point Inn; the owner may be able to assist in finding a resource to evaluate the development potential of the property. She spoke of the need to do due diligence and to have all the facts before making a determination. Correspondence was received from former Planning Commissioner now Councilman Eric Gustad relating to the issue (attached). No action can be taken at a worksession. The worksession was held to inform the Planning Commission about the status of the request. City Council would need to amend the Agreement to allow a shipping facility. The Zoning of the property is moot unless the agreement is amended. Mr. Seng has the right to ask to amend the ordinance at any time. ADJOURNMENT - The Worksession adjourned at 8:25 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Worksession Notes - January 16, 2014 Page 2 City of Manistee Planning Commission Worksession Notes - January 16, 2014 Page 3 City of Manistee Planning Commission Worksession Notes - January 16, 2014 Page 4  Planning & Zoning City Hall 70 Maple Street Manistee, MI 49660 231.398.2805 (phone) 231.723.1546 (fax) Commercial Land Use Permit Application A Medium Site Plan shall be required for all uses other than those that may submit a Basic Site Plan (new dwellings, additions to dwellings, or construction of accessory structures, single family dwellings; accessory structures and additions to existing single family dwellings; and accessory structures and additions to multiple unit dwellings which do not result in an increase in the number of units) or require a Detailed Site Plan (Special Uses). Applications must be submitted 15 days prior to the meeting if required to go to the Planning Commission to review for completeness Please Print Level I Review: Additions and alterations to existing structures will be reviewed by the Zoning Administrator who shall reserve the right to forward it to the Site Plan Review Committee for approval. Level II Review: New construction shall be reviewed by the Site Plan Review Committee who shall reserve the right to forward it to the Planning Commission for approval. Property Information Address: N/A Parcel # 51-340-400-00 Applicant Information Name of Owner or Lessee: City of Manistee Address: 70 Maple Street, Manistee, MI 49660 Phone #: 231.398.2805 Cell#: e-mail: dblakeslee@manisteemi.gov Name of Contractor (if applicable): n/a Address: Phone #: Cell#: e-mail: License Number: Expiration Date: Project Information Description of Project (include square feet): Construction of Playground area 100’ x 105’ Custom Rocket Structure will be 24 feet in height. Area of Subject Property: 68 Acres +/- Finished Height of Project: 24 feet Zoning Classification: R-1 Present/proposed Land Use: Outdoor Recreation/Park What impacts will project have on City Services: None Authorization By signing the application the applicant is authorizing City Staff permission to make site inspections as necessary. The undersigned affirms that the information included in this application is correct. Further if the request is approved, the applicant will comply with all of the requirements of the City of Manistee Zoning Ordinance and certifies that measures proposed to mitigate adverse impacted will be completed in a timely fashion. Signature: _____________________________________________ Date: ______________________ Office Use Only Fee:  $100.00 Level I Review Fee:  $200.00 Level II Review Receipt # Zoning District: Notes: Signature: _____________________________________________ Date: ______________________  Site Plan Review R-1 Low Density Residential District Name of Owner: City of Manistee Address/Parcel Code # 51-340-400-00 Proposed Use: Outdoor Recreation/Park > = Greater than Requirements Proposed Compliance < = Less than Yes No +/- = More or Less than Minimum Lot Area 15,000 sq. ft. 68 Acres +/- X Minimum Lot Width 100 ft. > 100 feet X Maximum Building Height 2 ½ stories, or 35 ft. 24 ft. X Rocket Structure Maximum Lot Coverage 40% <40% X Minimum Living Area 1,500 sq. ft. n/a X Minimum Dwelling Width 25 ft. n/a X Front Yard Set Back 30 ft. > 30 (approx. 35 ft) X Side Yard Set Back: 10 (each side) > 10 (approx. 60 ft) X Rear Yard Set Back: 10 ft. n/a X *Waterfront 100 ft. n/a X Parking Requirements: Sufficient parking adjacent to site and across X street in large parking lot Signage – subject to Article 21: Exempt X Landscaping Requirements – subject to Section 531: n/a X Outdoor Lighting Requirements – subject to Section 525: n/a X *Waterfront: As measured from the ordinary high water mark, except where a greater distance is required by the Department of Natural Resources. Notes: Request submitted for Land Use Permit because Custom Made Rocket Structure is 24 feet in height to the tip of the “Rocket”. Zoning Review by: Denise Blakeslee Compliance: Yes Approval: Denial:  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: January 29, 2014 RE: Rotary Park Play Area Commissioners, staff is working on the grant application for funding for the Rotary Park Play Area located at Douglas Park/First Street Beach. Background:  Douglas Park/First Street Beach is the largest recreation area in the City of Manistee and sees the largest volume of use. The current “Rocket Park” play area had a rocket/slide as its focal point that has served the community for over 40 years. With the exception of two pieces of equipment (slated for relocation to another park) the current playground equipment does not meet current safety standards and does not meet universal accessibility standards. The current location is plagued by blowing sand and the proposed barrier free mat would need continuous maintenance to remove sand.  A citizen committee was formed consisting of citizens, city personnel, members of the Parks and Beautification Committee and City Council. Numerous meetings were held to discuss maintenance, location, safety and universal accessibility. The decision to relocate the playground was made so that universal accessibility would be possible from and existing parking area next to the basketball courts. In 2012 the City spent 1.4 million dollars on upgrading the infrastructure adjacent to the new playground location. These upgrades provide safe non- motorized transportation to the park with bike lanes, sidewalks, curb and gutter.  The project area is 100’ x 105’ in size and has been designed for children of all ages and abilities to enjoy. The children five and under have a separate play area with equipment that fits their size and abilities. The custom rocket structure includes slides, overhead ladder climber, and rock climber for children of various ages to enjoy. An area has been set aside for swings that include two handicap swings. The center of the area is designed to provide seating for parents to observe their children at play. Page 1 of 4 Map showing proposed location of Rotary Park Play Area Douglas Park/First Street Beach is located in the R-1 Low Density Residential District and an Outdoor Recreation/Park is a use by Right. Section 502 Uses, Spatial and Physical Requirements, Item D.2.c. reads: SECTION 502 USES, SPATIAL AND PHYSICAL REQUIREMENTS D. Required spatial relationships and physical requirements of this ordinance shall apply uniformly within each respective zoning district to all uses, structures, buildings and parcels except that the following may be located as follows on a parcel: 2. Within the side or rear yard setback: c. Outdoor playsets less than 18 feet in height but built no closer than three (3) feet from the property line and will not require a Land Use Permit. I spoke with Diane Sinclair, Sinclair Recreation, LLC who verified that the only piece of equipment that will exceed 18 feet is the tip of the “Custom Rocket Structure” that will be 24 feet in height. This results in the City requesting a Land Use Permit for the Rocket Structure. Page 2 of 4 Page 3 of 4 Page 4 of 4