Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, March 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 March 6, 2014 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the February 6, 2014 meeting Minutes. V Public Hearing PC-2014-03- Seng Dock & Trucking, Zoning Amendment Request A request has been received from Seng Dock & Trucking for a Zoning Amendment that would ADD Shipping Facility as a use permitted by right in the P-D Peninsula District. 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-2014-03- Seng Dock & Trucking, Zoning Amendment Request A Public Hearing was held earlier in response to the request from Seng Dock & Trucking for a Zoning Amendment that would ADD Shipping Facility as a use permitted by right in the P-D Peninsula District. At this time the Planning Commission could make a recommendation to City Council to approve or deny the request from Seng Dock & Trucking for a Zoning Amendment that would ADD Shipping Facility as a use permitted by right in the P-D Peninsula District. 1|P age 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 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: February 26, 2014 RE: March 6, 2014 - Planning Commission Meeting Commissioners, the next meeting of the Planning Commission is Thursday, March 6, 2014 at 7 pm in the Council Chambers. We have one item on the agenda: Public Hearing/New Business PC-2014-03- Seng Dock & Trucking, Zoning Amendment Request A request has been received from Seng Dock & Trucking for a Zoning Amendment that would ADD Shipping Facility as a use permitted by right in the P-D Peninsula District. 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 February 6, 2014 A meeting of the Manistee City Planning Commission was held on Thursday, February 6, 2014 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, Bill Dean, Ray Fortier, Marlene McBride, Mark Wittlief, Roger Yoder Members Absent: David Crockett (excused) Others: 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 6 to 0. Yes: Barry, Dean, Fortier, McBride, Wittlief, Yoder No: None APPROVAL OF MINUTES Motion by Marlene McBride, seconded by Maureen Barry that the minutes of the January 2, 2014 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 6 to 0. Yes: Dean, Fortier, Barry, McBride, Wittlief, Yoder No: None City of Manistee Planning Commission Meeting Minutes of February 6, 2014 Page 1 PUBLC HEARING None PUBLIC COMMENT ON AGENDA RELATED ITEMS None 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. Staff gave background information on the project to the Commissioners. If the Custom Rocket structure had not exceeded 18 feet in height there would not have been a need to apply for a Land Use Permit for the project. Since the structure is 24 feet in height to the tip of the rocket the Site Plan Review Committee could have reviewed the request, but staff submitted the request to the Commission so that all members would be updated on the project. MOTION by Ray Fortier, seconded by Maureen Barry that the Planning Commission approves the issuance of a Land Use Permit for the Custom Rocket Structure at Rotary Park Play Area. With a Roll Call vote this motion passed 6 to 0. Yes: Dean, Fortier, Barry, McBride, Wittlief, Yoder No: None OLD BUSINESS Master Plan Update The online Survey will be available until February 14, 2014 at which point Beckett & Rader will compile the data with the information from the Visioning Session into one document that will be incorporated into Chapter 12 Community Input. Items that need to be finished are:  Maps – staff is waiting for GIS training that will enable the maps to be generated and maintained in the future in house. City of Manistee Planning Commission Meeting Minutes of February 6, 2014 Page 2   Section 3 Future Land Use Plan o Chapter 13: Goals and Objectives o Chapter 14: Future Land Use Plan o Chapter 15: Action Plan Staff discussed with the Commission the documents that were to be an appendix to the Master Plan. The documents included:  Chapter 3: Natural Recreational and Cultural Features o Community Recreation Plan 2012-2017  Chapter 5: Existing Land Use o Neighborhood Revitalization Action Plan – Manistee Peninsula – 7/14/08  Chapter 6: Central Business District o Manistee Downtown Strategic Plan – February 2008  Chapter 8: Transportation o US 31 Corridor Management Plan – Footnote January 2004 o The City of Manistee Non-Motorized Transportation Master Plan – Footnote 2/5/08 Staff has spoken with the County Planner to see if their department would be able to provide assistance with the completion of the plan. PUBLIC COMMENTS AND COMMUNICATIONS None CORRESPONDENCE None City of Manistee Planning Commission Meeting Minutes of February 6, 2014 Page 3 STAFF/SUB-COMMITTEE REPORTS Denise Blakeslee, Planning & Zoning Administrator – Ms. Blakeslee asked the Commissioners if they had any items they wanted to discuss for the February 20, 2014 Worksession. Commissioners did not have any items for discussion. MOTION by Marlene McBride, seconded by Mark Wittlieff that the February 20, 2014 Worksession be cancelled. With a Roll Call vote this motion passed 6 to 0. Yes: Dean, Fortier, Barry, McBride, Wittlief, Yoder No: None Ms. Blakeslee reminded members that there would be an opportunity for Citizen Planner Credits. A more detailed workshop for Firewise (including zoning language) will be held on Monday, March 31, 2014. MEMBERS DISCUSSION None The next regular meeting of the Planning Commission will be held on Thursday, March 6, 2014 ADJOURNMENT Motion by Ray Fortier, seconded by Bill Dean that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 7:18 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of February 6, 2014 Page 4  NOTICE OF PUBLIC HEARING City of Manistee Planning Commission The Manistee City Planning Commission will hold a public hearing for a proposed change to the Zoning Ordinance on Thursday, March 6, 2014 at 7:00 p.m. in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. The Hearing is being held in response to a request from: Seng Dock and Trucking 200 River Street, P.O. Box 67 Manistee, MI 49660 HEARING PURPOSE: Request for amendment to the City of Manistee Zoning Ordinance Article 3 Districts, Dimensional Standards Uses Table & Zoning Map and Article 6 P-D Peninsula District by ADDING Shipping Facility as a Use permitted by Right And make appropriate edits to index and chart provisions. Copies of the proposed Amendments are available for review at the Office of the City Clerk, City Hall, 70 Maple Street, Manistee, Michigan, the Manistee County Library, 95 Maple Street, Manistee, Michigan and on the City’s Web Page Interested parties are welcome to attend the hearing, or written comments with signature can be submitted to: Denise J. Blakeslee, Planning & Zoning Administrator, City of Manistee, 70 Maple Street, Manistee, MI 49660, (231) 398-2805.  Ordinance Z14-01 AN ORDINANCE TO AMEND IN PART AN ORDINANCE ENTITLED “MANISTEE CITY ZONING ORDINANCE” WHICH WAS ADOPTED FEBRUARY 21, 2006, To Amend the Manistee City Zoning Ordinance Article 3: Districts, Dimensional Standards Uses Table & Zoning Map Table 3-2 Uses Permitted by Right and Special Land Use Permit Article 6: P-D Peninsula District Section 600 Permitted Uses Section 601 Uses Permitted by Right By ADDING Shipping Facility as a use permitted by right ______________________________________________________________________________ THE CITY OF MANISTEE, MANISTEE COUNTY, MICHIGAN, ORDAINS: 1. That Article 3: Districts, Dimensional Standards Uses Table & Zoning Map; Table 3-2 Uses Permitted by Right and Special Land Use Permit be amended by ADDING Shipping Facility as a use permitted by right as follows: Uses P-D G-C R-1 R-2 R-3 R-4 W-F C-1 C-2 C-3 L-I G-I Peninsula Golf Low Med High Mfg. Water- Reg’l Neigh Central Light Gen District Course Density Density Density Housing Front Com Bus Bus Ind Ind Shipping Facility R R R 2. That Article 6: P-D Peninsula District; Section 600 Permitted Uses and Section 601 Uses Permitted by Right be amended by ADDING Shipping Facility as a use permitted by right as follows: PERMITTED USES  Accessory building with footprint less than or equal to the footprint of the principal structure  Accessory use to uses permitted by right.  Community Garden, subject to Section 534  Dwelling, Single unit  Gallery or Museum  Home Occupation, Minor subject to Section 1847, B, 1  Outdoor Recreation, Park  Personal Service Establishment  Professional Office  Professional Service Establishment  Retail Business  Shipping Facility  Subdivision and condominium subdivision consisting of permitted uses, clustered or traditional subject to the Subdivision Control Ordinance.  Uses similar to uses permitted by right, subject to Section 530  Wind Energy Conversion System, Accessory, subject to Section 515.G Page 1 of 2  3. That Article 6: P-D Peninsula District; Section 600 Permitted Uses and Section 601 Uses Permitted by Right be amended by ADDING Shipping Facility as a use permitted by right as follows: L. Shipping Facility And make appropriate edits to indexes, tables and chart provisions as necessary 4. CONFLICTING ORDINANCES: that any and all ordinances of City of Manistee which may conflict with the provisions of this ordinance be and are hereby rescinded. 5. EFFECTIVE DATE: This Ordinance shall take effect seven days after publication in the Manistee News Advocate. ________________________________________ Colleen Kenny, Mayor Dated ATTEST: ___________________________________ Michelle Wright Dated City Clerk/Deputy Treasurer 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: February 26, 2014 RE: Seng Dock & Trucking– Zoning Amendment Request Commissioners, we have received a request for a Zoning Amendment from Seng Dock & Trucking. The request is to ADD Shipping Facility as a use permitted by right in the P-D Peninsula District. On February 18, 2014 City Council voted to not renegotiate the terms the Development Agreement between the City of Manistee, Seng Land Company, LLC and Seng Dock & Trucking Inc. relating to parcel #51-448-735-01. The rezoning of the P-D Peninsula District to ADD a Shipping Facility as a use by Right will not apply to Mr. Seng’s property, based upon the existing Development Agreement. Considerations: A review of the Master Plan shows that the proposed zoning amendment is not consistent with Chapter 8 Future Land Use “Residential/Commercial Mixed-Use Redevelopment District” (RC-MURD) which reads as follows: Page 1 of 6 The P-D Peninsula District is located within the Residential/Commercial Mixed-Use Redevelopment District (RC-MURD) as shown on the Future Land Use Map. Page 2 of 6  The Master Plan is a component of the review when a request comes before the Commission. Another consideration for the Commission is to review where uses are currently allowed. Review of Table 3-2 Uses Permitted by Right and Special Land Uses from the City of Manistee Zoning Ordinance shows which Zoning Districts allow Shipping Facilities Uses P-D G-C R-1 R-2 R-3 R-4 W-F C-1 C-2 C-3 L-I G-I Peninsula Golf Low Med High Mfg. Water- Reg’l Neigh Central Light Gen District Course Density Density Density Housing Front Com Bus Bus Ind Ind Shipping Facility R R Shipping Facilities are a Use by Right in the W-F Waterfront and G-I General Industrial Districts. At the January 16, 2014 Worksession Staff compiled information on parcels in the W-F Waterfront and G-I General Industrial districts with frontage on Manistee Lake. Zoning Owner Frontage on Manistee Lake (approximate) W-F Consumer’s 1,700 ft total /930 ft north of River Channel G-I Morton’s 4,500 ft G-I Consumers 100 ft G-I C&E Enterprises (Seng) 800 ft G-I Ingrid Rademaker Trust 1,500 ft G-I General Chemical 180 ft G-I American Materials (Rieth-Riley) 2,000 ft Page 3 of 6  W-F Waterfront G-I General Industrial Key: Residential/Commercial City Property (Arthur St. Boat Launch & WWTP) Existing/Potential Deep Water Port Locations Page 4 of 6 Since the adoption of the 2002 Master Plan three studies/plans have been completed for the revitalization of the Peninsula:  Manistee Brownfield Plan (2005)  Manistee Peninsula Redevelopment Infrastructure Needs Assessment (2007)  Neighborhood Revitalization Action Plan Manistee Peninsula (2008) Staff has reviewed the current uses in the P-D District. The map above shows eight properties that are legal nonconforming parcels. Address Use 10 East Street Processing & Manufacturing 237 River Street Financial Institution 241 River Street Warehouse 249 River Street Contractors Facility 270 River Street Place of Public Assembly (Large) 46Lake Street Warehouse 68 Lake Street Warehouse 20 Hancock Street Warehouse Page 5 of 6 Removal of Shipping from the Peninsula Area - The Planning Commission began discussion on development of a Zoning Amendment that would remove shipping from the Peninsula Area in January 2010 after a lengthy deliberation by Council a new zoning district was created. The P-D Peninsula Zoning District included all of the recommended changes by the Planning Commission including removing shipping facility as a use by right. The Ordinance took effect on June 19, 2012. The discussion to amend the Zoning on the Peninsula and the removal of a shipping facility took two and a half years at that time. While Mr. Seng is in a hurry to receive an answer to his request, I encourage each member of the Commission to take the time necessary to make an informed decision and to ask for any additional information you feel is necessary to make a decision. We have received correspondence in response to the request and copies are included in your packet.  Robert Konopinski, General Council – Rieth-Riley Construction Co., Inc.  Judy Patterson, 215 River Street Mr. Seng provided copies of letters of support that are included in your packet  Johnson Ventures, 249 River Street  David W. Johnson, 523 Fairview Avenue  Randy Zakarjsek, ReMax  Jim Reithel, Chairman – Manistee Manufacturers Council  Senator Darwin Booher  Steve Blank, Project Manager, VV Steel Corporation  * Representative Ray Franz  * Jim Johnson, District Ranger  * Terry DeBlaay, Potlatch Land & Lumber LLC  * Paul Knowlson, CP Recycling, Inc. * Previously submitted to Planning Commission 1/2/14 and 1/16/14 Page 6 of 6  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: February 26, 2014 RE: Reith Riley Construction Co., Inc. letter dated February 26, 2014 Commissioners, I received a copy of a letter via email after I had finished preparing your meeting packets and had posting the March 6, 2013 Planning Commission meeting packet on the Web page. Since I had not sealed your envelopes, I am including it in your packet and will add it to the web page posting. Page 1 of 1