Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, April 3, 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 April 3, 2014 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the March 6, 2014 meeting Minutes. V Public Hearing None VI Public Comment on Agenda Related items VII New Business Correspondence At the March 20, 2014 Worksession the Planning Commission discussed receiving correspondence without addresses. The Commission asked that this item be placed on the April 3, 2014 Meeting agenda for discussion. At this time the Planning Commission could take action for the receipt of correspondence. 1|P age VIII Old Business PC-2014-03- Seng Dock & Trucking, Zoning Amendment Request A Public Hearing was on March 6, 2014 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. The Planning Commission took action to continue discussion on the request for a Zoning Amendment at their Worksession on March 20, 2014 and for the item to be placed on the April 3, 2014 Planning Commission Agenda. 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. 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 Denise Blakeslee Planning & Zoning Administrator TO: Planning Commissioners 70 Maple Street Manistee, MI 49660 231.398.2805 FROM: Denise Blakeslee, Planning & Zoning Administrator dblakeslee@manisteemi.gov www.manisteemi.gov DATE: March 27, 2014 RE: April 3, 2014 Meeting Commissioners, the next meeting of the Planning Commission will be on Thursday, April 3, 2014. There are two items on the agenda: NEW BUSINESS: Correspondence - At the March 20, 2014 Worksession the Planning Commission discussed receiving correspondence without addresses. The Commission asked that this item be placed on the April 3, 2014 Meeting agenda for discussion. OLD BUSINESS: PC-2014-03- Seng Dock & Trucking, Zoning Amendment Request - A Public Hearing was on March 6, 2014 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. The Planning Commission took action to continue discussion on the request for a Zoning Amendment at their Worksession on March 20, 2014 and for the item to be placed on the April 3, 2014 Planning Commission Agenda. If you are unable to attend the meeting, please call me at 398.2805. See you Thursday!! Reminder Firewise Workshop, Monday, March 31, 2014 at 6pm in the Council Chambers for the members who signed up to attend.  CITY OF MANISTEE PLANNING COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES March 6, 2014 A meeting of the Manistee City Planning Commission was held on Thursday, March 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, David Crockett, Bill Dean, Ray Fortier, Marlene McBride, Mark Wittlieff, Roger Yoder Members Absent: None Others: Mitch Deisch (City Manager), George Saylor (City Attorney), Ed Seng (Seng Dock & Trucking, 200 River Street), Gary Schenk (Council for Reith-Riley Construction Co., Inc.), Renee Zwiefka (232 River Street), Gene Wittlieff (3373 Grant Hwy), Keith Rose (Reith-Riley Construction Co., Inc.), Denise Blakeslee (Planning & Zoning Administrator) and others 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 7 to 0. Yes: Barry, Crockett, Dean, Fortier, McBride, Wittlieff, Yoder No: None APPROVAL OF MINUTES Motion by Ray Fortier, seconded by Mark Wittlieff that the minutes of the February 6, 2014 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 7 to 0. Yes: Dean, Fortier, Barry, Crockett, McBride, Wittlieff, Yoder No: None City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 1 PUBLC HEARING Chair Yoder opened the Public Hearing at 7:02 pm 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. Ed Seng, Seng Dock & Trucking presented the case to the Planning Commission. Mr. Seng spoke to the Commission about his request for a Zoning Amendment. He has requested City council to amend the Memorandum of Understanding, the issue before the Commission is the Zoning Amendment. Mr. Seng provided letters of support for his request, spoke of Dr. Mattice, Michigan Bell, Galloup and Structural Specialties problems with the change in zoning. The proposed amendment back to shipping would create jobs. Residents in the area have no problem with the change. The streets are built better; he noted that CP Recycling estimate of 100 trucks a day is in error. He spoke of his discussions with the MEDC, Michigan Retention Growth and the Governors Initiative. He is not trying to take away from Rieth Riley, but the 2- 5 jobs that he would create are significant and could have an impact on jobs for 200-300 people in the state. The Energy Pellet project could have 16-20 jobs. Nothing can be done without a change in zoning. Chair Yoder opened the hearing for public comments. Renee Zwiefka, 232 River Street – Mrs. Zwiefka has lived on the East end of River Street all of her life and has seen a lot of coming and going. What Ed is proposing is fine; he keeps his property neat and is not a detriment to the adjoining properties. She has no problem with the change in zoning. Gary Schenk Council for Reith Riley – Mr. Schenk asked the Commission to focus on the issues. Nobody is challenging that Mr. Seng is a nice guy. Mr. Seng’s request is to permit shipping. The City Changed the Zoning to remove shipping. Under the Memorandum of Understanding Mr. Seng contracted away his right for shipping. Mr. Seng asked City Council to amend the agreement and they said no. The contract in effect is a legally binding three way agreement. He cited a memo prepared by former Community Development Director Jon Rose. Ed Seng, Seng Dock & Trucking - There are two separate issues, yes he did sign the Memorandum of Understanding. That issue is separate from Zoning. He spoke about the development of condominiums on the Peninsula not happening for 10-20 years. He has an opportunity to sell and work. He is paying taxes on his property as commercial property. Commissioner Crocket - asked staff about the street standards and the legal issues. City Manager Mitch Deisch – said he would get the commissioners a copy of the report from the City Engineer. He spoke of the effect the truck traffic would have on the NE Corner of East and River Street because it was not designed to accommodate truck traffic. East Street was not constructed to the same standards as River Street and was not designed for the truck traffic. City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 2 City Attorney George Saylor – said that the Memorandum of Understanding does not address the zoning change. Mr. Seng agreed to restrict the use of his property. The decision to recommend a change in zoning is the Planning Commissions. Issues relating to the Development Agreement are up to City Council. Gary Schenk Council for Reith Riley – Mr. Seng’s request to add shipping to the PD District is for his benefit not for the benefit of the district. Gene Wittlieff, 3373 Grant Hwy – Mr. Wittlieff stated that Reith Riley is capable of shipping and while Seng’s facility is capable of shipping he cannot because of some law. He spoke of the impact truck traffic would have on the three to four blocks of streets (between US 31 and Seng’s facility). Trucks would impact more city streets going to Reith Riley because the Old US 31 Truck route is much longer. It makes more sense to him to maintain three to four blocks instead of the Old US 31 Truck Route. Ed Seng – spoke of the proposed 5-6 trucks a day five days a week impact on the streets in the Peninsula. The CP Recycling would take place at the Old Century Boat Property and that property could be utilized by using a barge. He spoke of the history of shipping on Manistee Lake. Keith Rose, Reith Riley – Mr. Rose spoke of his conversations with Steve Blank, VV Steel/Kathy Morin AES and that project is dead. His conversation with CP Recycling indicated that the project has been shelved. He has spoken with Potlatch and provided them pricing for shipping services. Potlatch is the only viable project at this time. Dr. Robert Mattice - asked what the plan was for the flat roof building on the End of River Street? Denise Blakeslee, Planning & Zoning Administrator – Ms. Blakeslee gave the Commission background with a PowerPoint presentation. Information included:  On February 18, 2014 City Council determined that they will 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.  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).  Review of the Future Land Use Map showing that the P-D District is located in the RC-MURD area.  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.  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. The Zoning districts with parcels were shown for reference along with a table with approximate frontage on Manistee Lake.  Since the adoption of the 2002 Master Plan three studies/plans have been completed for the revitalization of the Peninsula: City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 3  o Manistee Brownfield Plan (2005) o Manistee Peninsula Redevelopment Infrastructure Needs Assessment (2007) o Neighborhood Revitalization Action Plan Manistee Peninsula (2008)  Staff has reviewed the current uses in the P-D District. A map was prepared showing that there are eight legal nonconforming parcels in the district.  History on previous Zoning Amendment to remove shipping facility from the Peninsula Area. o Planning Commission began discussion on development of a Zoning Amendment that would remove shipping from the Peninsula Area in January 2010. o After a lengthy deliberation by Council a new zoning district was created. o 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. o The Ordinance took effect on June 19, 2012. o Process took two and a half years at that time. The following Correspondence was had been received in response to the request. Correspondence included in the Planning Commissioners meeting packet:  Robert Konopinski, General Council – Rieth-Riley Construction Co., Inc. – January 27, 2014  Judy Patterson, 215 River Street  Robert Konopinski, General Council – Rieth-Riley Construction Co., Inc. – February 26, 2014 Mr. Seng provided copies of letters of support that were also included in the Planning Commissioners 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 Mr. Seng provided two more letters that were given to the Planning Commissioners to review before the meeting  Mark Sandsteadt, M S Creative Services, Inc.  Rob Johnson, J.O. Gallup Co. There were no more additional comments; the Public Hearing was closed at 7:45 pm. PUBLIC COMMENT ON AGENDA RELATED ITEMS City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 4 None 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. Commissioners discussed on the request include: What is the impact that the Truck traffic will have on the Streets? Does the Peninsula Redevelopment Plan still make sense? The Commission needs to zone property not people The Commission should not have been put in this position with the Memorandum of Understanding in place. Jobs will help the City; this location has a natural deep water port. Motion by Ray Fortier, seconded by Bill Dean that the Planning Commission make a recommendation to City Council to 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. With a Roll Call vote this motion failed 3 to 4. Yes: Dean, Fortier, Yoder No: Crockett, McBride, Wittlieff, Barry Motion by Marlene McBride, seconded by Mark Wittlieff for the Planning Commission to continue discussion on the request for a Zoning Amendment at their Worksession on March 20, 2014 and for the item to be placed on the April 3, 2014 Planning Commission Agenda. With a Roll Call Vote this motion passed 7 to 0. Yes: Barry, Wittlieff, McBride, Fortier, Crockett, Dean, Yoder No: None OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS Jordon Solowiej, 406 Third Street – He spoke to the commission about the best use of property the number of vacant and unfinished condominium properties. He supports Mr. Seng’s request for a Zoning Amendment and the creation of jobs. City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 5 CORRESPONDENCE Only correspondence received was in response to the Public Hearing (attached) STAFF/SUB-COMMITTEE REPORTS Denise Blakeslee, Planning & Zoning Administrator – Staff has received a copy of the online survey results for the Master Plan Update; this will be placed on a future Worksession Agenda for discussion. Members were reminded that the Firewise Workshop will be on Monday, March 31, 2014. Sub-Committee - None MEMBERS DISCUSSION None The Planning Commission will hold a Worksession on March 20, 2014 The next regular meeting of the Planning Commission will be held on Thursday, April 3, 2014 ADJOURNMENT Motion by Ray Fortier, seconded by Bill Dean that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 8:15 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 6 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 7 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 8 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 9 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 10 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 11 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 12 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 13 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 14 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 15 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 16 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 17 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 18 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 19 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 20 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 21 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 22 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 23 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 24 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 25 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 26 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 27 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 28 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 29 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 30 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 31 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 32 City of Manistee Planning Commission Meeting Minutes of March 6, 2014 Page 33  CITY OF MANISTEE PLANNING COMMISSION WORKSESSION 70 Maple Street, Manistee, MI 49660 March 20, 2014 NOTES A Worksession of the Manistee City Planning Commission was held on Thursday, March 20, 2014 at 7 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Roll Call: Members Present: Maureen Barry, David Crockett, Bill Dean, Ray Fortier, Marlene McBride, Mark Wittlief, Roger Yoder Members Absent: Others: Mitch Deisch (City Manager), Denise Blakeslee (Planning & Zoning Administrator) and others ITEM Seng Dock & Trucking, Zoning Amendment Request - A Public Hearing was held on March 6, 2014 in response to a 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. The Planning Commission requested additional information from staff to continue discussion on the request. Commissioner’s discussion included:  Memo from City Engineer Shawn Middleton Dated February 5, 2014 Impacts of Additional Commercial Truck Traffic on City Streets  Manistee Peninsula Neighborhood Revitalization Action Plan  Staff was requested to prepare a list of property owners in the Peninsula District including sale dates for properties.  Staff is to place on the April Agenda how correspondence to the Planning Commission is to be signed (need to include principle residence address, if they own property in the City should include address or tax ID number). Correspondence was received by staff and forwarded to the Commission Keith Rose, Rieth-Riley Construction Co., Inc - 3/10/14 Email Gary Patulski – 3/15/14 Email Mike Carl -3/18/14 No Action can be taken at a Worksession, this item will be placed on the April 3, 2014 Agenda. ADJOURNMENT - The Worksession adjourned at 8:07 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Worksession Notes March 20, 2014 Page 1 City of Manistee Planning Commission Worksession Notes March 20, 2014 Page 2 City of Manistee Planning Commission Worksession Notes March 20, 2014 Page 3 City of Manistee Planning Commission Worksession Notes March 20, 2014 Page 4 City of Manistee Planning Commission Worksession Notes March 20, 2014 Page 5 City of Manistee Planning Commission Worksession Notes March 20, 2014 Page 6 City of Manistee Planning Commission Worksession Notes March 20, 2014 Page 7 City of Manistee Planning Commission Worksession Notes March 20, 2014 Page 8 City of Manistee Planning Commission Worksession Notes March 20, 2014 Page 9 City of Manistee Planning Commission Worksession Notes March 20, 2014 Page 10 City of Manistee Planning Commission Worksession Notes March 20, 2014 Page 11 Memorandum Denise Blakeslee Planning & Zoning Administrator TO: Planning Commissioners 70 Maple Street Manistee, MI 49660 231.398.2805 FROM: Denise Blakeslee, Planning & Zoning Administrator dblakeslee@manisteemi.gov www.manisteemi.gov DATE: March 27, 2014 RE: Correspondence Commissioners at the March 20, 2014 Worksession Chair Yoder noted that we have been receiving correspondence without the sender’s address. This has been most prevalent with emails. The Commission directed staff to place this item on the April 3, 2014 Agenda for discussion. If a letter is submitted without a return address on the envelope or on the letter there is no way for staff to contact the individual who submitted the correspondence for their address. Unlike when someone submits communication via email staff has the ability to respond to the email. Without making things overly complicated. The Commission could direct staff to ask individuals who did not include their address on their email to request their address on behalf of the Commission. Similar to how the Chair asks individuals who wish to speak at a meeting to “state their name and address” for the Recording Secretary. Memorandum Denise Blakeslee Planning & Zoning Administrator TO: Planning Commissioners 70 Maple Street Manistee, MI 49660 231.398.2805 FROM: Denise Blakeslee, Planning & Zoning Administrator dblakeslee@manisteemi.gov www.manisteemi.gov DATE: March 27, 2014 RE: Peninsula Information Commissioners at the March 20, 2014 Worksession staff was asked to research sales in the Peninsula District from 2008 through today. Synopsis of findings:  There are 75 parcels of property in the P-D Peninsula Zoning District (14 are vacant land)  There are 55 property owners (12 own two or more parcels).  There are eight parcels that are tax exempt (three are owned by the City of Manistee)  Two parcels are in a Renaissance Zone (Manistee Iron Works & Vacant Consumers Parcel) that expires December 31, 2014.  Since 2008 - 20 parcels have recorded sales according to the Manistee County Equalization Department Property Record Information  According to the Manistee Multi List web site there are two properties in the district listed for sale (Seng Dock and Blarney Castle Property/former gas station).