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Planning Commission

Regular Meeting

Manistee, MI · June 5, 2014

Agenda

Agenda

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, June 5, 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 June 5, 2014 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the May 1, 2014 meeting Minutes. V Public Hearing PC-2014-05 Lighthouse Pregnancy Care Center, 215 Maple Street – Special Use Permit Mixed-Use Development (Professional Office/Medical Office) A request has been receive from Lighthouse Pregnancy Care Center for a Special Use Permit for a Mixed-Use Development (Professional Office/Medical Office) at 215 Maple 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-2014-05 Lighthouse Pregnancy Care Center, 215 Maple Street – Special Use Permit Mixed-Use Development (Professional Office/Medical Office) During the Business portion of the meeting the Planning Commission will deliberate on the request from Lighthouse Pregnancy Care Center for a Special Use Permit for a Mixed-Use Development (Professional Office/Medical Office) at 215 Maple Street. 1|P age At this time the Planning Commission could take action to adopt a resolution to approve/approve with conditions/deny the request from Lighthouse Pregnancy Care Center for a Special Use Permit for Mixed-Use Development (Professional Office/Medical Office) at 215 Maple Street as submitted with Application PC-2014-05 PC-2014-06 Guardian Angels Church – Parcel Split and Combination Request A request has been received from Guardian Angels Church for a Parcel Split and Combination. The Church owns parcel #51-646-702-05 which has 104.34 feet of frontage on Michael Street. They are requesting to split the north 44.34 feet of the parcel which will then be combined with parcel #51-646-702-03. At this time the Planning Commission could take action to recommend to City Council to approve the request from Guardian Angels Church for a Parcel Split and Combination to split the north 44.34 feet of parcel 51-646-702-05 which will then be combined with parcel #51-646-702-03 as submitted with Site Plan prepared by Abonmarche Dated April 16, 2014 Job No. 14-0211. Annual Report to City Council Chair Yoder will report to City Council on the past years activities. This report will be given on July 1, 2014. The Commission will discuss this past year’s activities and items they wish included in the report to City Council. 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 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: May 28, 2014 RE: June 5, 2014 Meeting Commissioners, the next meeting of the Planning Commission will be on Thursday, June 5, 2014. We have the following items on the agenda: PC-2014-05 Lighthouse Pregnancy Care Center, 215 Maple Street – Special Use Permit Mixed-Use Development (Professional Office/Medical Office) - A request has been receive from Lighthouse Pregnancy Care Center for a Special Use Permit for a Mixed-Use Development (Professional Office/Medical Office) at 215 Maple Street. PC-2014-06 Guardian Angels Church – Parcel Split and Combination Request - A request has been received from Guardian Angels Church for a Parcel Split and Combination. The Church owns parcel #51- 646-702-05 which has 104.34 feet of frontage on Michael Street. They are requesting to split the north 44.34 feet of the parcel which will then be combined with parcel #51-646-702-03. Annual Report to City Council - Chair Yoder will report to City Council on the past years activities. This report will be given on July 1, 2014. The Commission will discuss this past year’s activities and items they wish included in the report to City Council. If you are unable to attend the meeting, please call me at 398.2805. See you Thursday!! CITY OF MANISTEE PLANNING COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES May 1, 2014 A meeting of the Manistee City Planning Commission was held on Thursday, May 1, 2014 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, David Crockett, Bill Dean, Ray Fortier, Mark Wittlieff, Roger Yoder Members Absent: Marlene McBride (excused) Others: Denise Blakeslee (Planning & Zoning Administrator) APPROVAL OF AGENDA Motion by Ray Fortier, seconded by Mark Wittlieff that the agenda be approved as prepared. With a Roll Call vote this motion passed 6 to 0. Yes: Barry, Crockett, Dean, Fortier, Wittlieff, Yoder No: None APPROVAL OF MINUTES Motion by Ray Fortier, seconded by Dave Crockett that the minutes of the April 3, 2014 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 6 to 0. Yes: Dean, Fortier, Barry, Crockett, McBride, Wittlieff, Yoder No: None PUBLC HEARING None City of Manistee Planning Commission Meeting Minutes of May 1, 2014 Page 1 PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS PC-2014-04 – Roy E. Henderson, Parcel Split Request A Request has been received from Roy E. Henderson for a Parcel Split using the legal description from the Quit Claim Deed from the State of Michigan to Roy E. Henderson recorded at the Register of Deeds office on November 15, 2012 from parcel #51-174-708-09 owned by the State of Michigan (former State Police Post). Mr. Henderson purchased 9.36 acres +/- of parcel #51-174-708-09 from the State of Michigan in 2012. Staff has been working with the City Attorney, Mr. Henderson and the State to obtain the necessary paperwork to process the parcel split. The property that Mr. Henderson purchased does not have frontage on U.S. 31. A site plan prepared by Midwestern Consulting dated 2/13/14 Job No. 05268-68329 shows that an easement exists over parcel #51-101-275-03 (A Storage Inn) that provides the necessary access to the property as required in Section 510 Access to Public Streets. The remaining portion of the State Police Post property has been reviewed for compliance with the Zoning Ordinance. Staff has determined the requirements of the ordinance have been met except for minimum lot width (street frontage). The split did not create this condition; the parcel has been and will continue to be a legal non-conforming parcel with regards to street frontage. The parcel that Mr. Henderson purchased has been placed on the tax roll (using the legal description from the Quit Claim Deed) and has been assigned Parcel Code #51-174-708-10. Until approval has been received from the Planning Commission and City Council Mr. Henderson is unable to lease or expand the use of the property. Motion by Maureen Barry, seconded by Ray Fortier that the Planning Commission recommend to City Council to approve the request from Roy E. Henderson for a Parcel Split using the legal description from the Quit Claim Deed from the State of Michigan to Roy E. Henderson recorded at the Register of Deeds office on November 15, 2012 from parcel #51-174-708-09 owned by the State of Michigan. With a Roll Call vote this motion passed 6 to 0. Yes: Wittlieff, Dean, Fortier, Barry, Crockett, Yoder No: None OLD BUSINESS None City of Manistee Planning Commission Meeting Minutes of May 1, 2014 Page 2 PUBLIC COMMENTS AND COMMUNICATIONS None CORRESPONDENCE None STAFF/SUB-COMMITTEE REPORTS Denise Blakeslee, Planning & Zoning Administrator – In the past the Planning Commissioners have taken a bus tour during their May Worksession. Staff asked the Commission if they wanted to postpone the tour until a Worksession in the fall. Since the Commission decided to postpone a bus tour until the fall, the commission discussed cancelling the May 15th Worksession. MOTION by Dave Crockett, seconded by Mark Wittlieff that the May 15, 2014 Worksession be cancelled. With a Roll Call vote this motion passed 6 to 0. Yes: Wittlieff, Dean, Fortier, Barry, Crockett, Yoder No: None Ms. Blakeslee spoke to the Commissioners about the Framework for our Future: A regional prosperity Plan for Northwest Michigan events that the Northwest Michigan Council of Governments is working on with private, public and non-profit partners to develop a regional resource that will aid communities that choose to address housing, transportation, recreation and other regional issues. MEMBERS DISCUSSION Commissioner Wittlieff noted that they broke ground on the Meijer store. The Planning Commission will hold a Worksession on May 15, 2014 CANCELLED The next regular meeting of the Planning Commission will be held on Thursday, June 5, 2014 ADJOURNMENT Motion by Ray Fortier, seconded by Dave Crockett that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 7:32 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of May 1, 2014 Page 3 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: May 12, 2014 RE: Lighthouse Pregnancy Care Center – Special Use Permit Commissioners, we have received a request from Lighthouse Pregnancy Care Center for a Special Use Permit for a Mixed-Use Development (Professional Office and Medical/Dental Office) at 215 Maple Street (former Maple Street Clinic). This request is for two parcels 51-574-712-01 (Building) and 51-574- 712-05 (Parking Lot). When the applicant came to discuss the project with staff they discussed their current operation that provides services that assists women, girls and families, which was determined to be categorized as a Professional Office under the Zoning Ordinance. They also discussed their future plans to provide an exam room at their facility for a physician to provide services to clients, which is categorized as a Medical Office under the Zoning Ordinance. With the potential for a Physician to provide Medical Services to clients the request before the Commission is for a Special Use Permit for a Mixed-Use Development (Professional Office and Medical/Dental Office). Staff has reviewed the Special Use Permit Standards and Site Plan for the project and has determined that in the event the Planning Commission was to approve the request, the following condition is needed: The Applicant shall request to combine both parcels 51-574-712-01 and 51-574-712-05 into one parcel to meet the requirement of Section 903.A “No duplex, multiple unit or commercial structure shall be established on any parcel less than ten thousand (10,000) square feet in area.” A copy of the request, site plan review, and draft resolutions for approval/denial are enclosed. Site Plan Review R-2 Medium Density Residential District Name of Applicant: Lighthouse Pregnancy Care Center Address/Parcel Code 215 Maple Street / # 51-574-712-01 & 51-574-712-05 Proposed Use: Mixed-Use Development (Professional Office and Medical Dental Office) > = Greater than Requirements Proposed Compliance < = Less than Yes No +/- = More or Less than Duplex or Commercial Minimum Lot Area 10,000 sq. ft. 10,155 sq. ft. X Minimum Lot Width 80 ft. 146.14 Maximum Building Height 2 ½ stories, or 35 ft. 23.2 ft. X Maximum Lot Coverage 40% Existing X Minimum Dwelling Width 20 ft. 26.7 ft. X Front Yard Set Back 15 ft. > 15 ft. X Side Yard Set Back: 10 (each side) >10 ft. X Rear Yard Set Back: 10 ft. >10 ft. X Parking Requirements: See Attached Parking Standards Memo Signage – subject to Article 21: limited to 16 sq. ft. of signage Landscaping Requirements – subject to Section 531: no change Outdoor Lighting Requirements – subject to Section 525: no change Notes: No changes are proposed to the site, applicant will be required to stripe the parking lot and install a bike rack as per the requirements of Section 514 of the Zoning Ordinance. Zoning Review by: Denise J. Blakeslee, Planning & Zoning Administrator Compliance: By allowing shared parking, the site plan meets the requirements of the Zoning Ordinance. Approval: Denial: Parking Calculations Special Use Permit Mixed-Use Development Professional Office/Medical Dental Office Lighthouse Pregnancy Care Center 215 Maple Street Section 514 Vehicular Parking Space Access, Bike Parking and Sidewalks A. For each principal building or establishment hereafter erected or altered and located in any Zoning District, including buildings and structures used principally as places of public assembly, there shall be provided and maintained suitable space off the public right-of-way which is adequate for the parking or loading of motor vehicles in the proportions shown below. The parking spaces called for hereunder shall be considered minimum requirements under this Ordinance. Where more than one use exists or is proposed on a parcel, the minimum shall be the sum of the required parking for each use, except where it is demonstrated to the Commission that such provisions would be excessive, in which case shared parking may be permitted. All parking areas except for Dwelling Units for Single Family, duplex units and mobile homes; the maximum number of parking spaces shall not exceed 1.5 times the minimum number of required parking spaces. Professional Office - 1 space for each 250 sq. ft. of office space Medical/Dental Office - 1 space for each usable floor area in waiting rooms, one (1) space for each examining room, dental chair and similar use area, and one (1) space for each employee during the time the largest number of employees are present. 3 Offices 443 sq. ft 3 Consulting Rooms 452 sq. ft. Receptionist Office 152 sq. ft. 1 Break Room 119 sq. ft. Not Applicable Waiting Room 468 sq. ft. TOTAL 1,515 sq. ft. = 6.06 round up to 7 spaces Exam Room = 1 space Medical employee = 1 space MIXED USE PARKING TOTAL = 9 spaces The applicant is requesting a Special Use Permit for a Mixed Use Development instead of a Special Use Permit for a Professional Office in the hopes that they can expand their services to include medical exams for their clients. This would convert one of their existing consulting rooms into an exam room and add one staff person on the days that medical exams were offered. Staff recommends that the Planning Commission add two additional spaces (one for the exam room and one for the medical personnel) to the seven parking spaces for a total of nine spaces. The applicant is still required to install a bike rack as required under Section 514 .J. City of Manistee Planning Commission Resolution to Approve a Special Use Permit, Case Number PC-2014-05 Lighthouse Pregnancy Care Center At a regularly scheduled meeting of the City of Manistee Planning Commission held on June 5, 2014, the following resolution was adopted to approve a Special Use Permit for a Mixed-Use Development (Professional Office/Medical or Dental Office) as shown on Site Plan prepared by Abonmarche Dated 4/22/14. Planning Commissioner _____________ moved, supported by Planning Commissioner ____________, the adoption of the following resolution. WHEREAS, on May 7, 2014 a request was received from Lighthouse Pregnancy Care Center for a Special Use Permit for a Mixed Use Development (Professional Office/Medical Office, and WHEREAS, a Mixed Use Development (Professional Office/Medical Office) is provided for as a Special Use in the R-2 Medium Density Residential for parcels with Key Street Frontage, and WHEREAS, the parcel at 215 Maple Street has frontage on Maple Street which is a Key Street Segment as defined in Section 532 of the City of Manistee Zoning Ordinance, and WHEREAS, the Planning Commission has provided proper notice and held a public hearing on the proposed development on May 8, 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. 1 5. The Special Use does not create excessive additional requirements at public cost for facilities and services and will not be detrimental to the economic welfare of the community. 6. The Special Use does not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, vibration, smoke, toxic emissions, fumes, glare, or odors. 7. The Special Use meets the intent and purpose of the Zoning Ordinance; be related to the standards established in the Ordinance for the land use or activity under consideration; and will be in compliance with these standards. B. Findings of Fact – Section 1858 Mixed Use Development of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. The applicant shall demonstrate how the proposed mixing of uses will reduce traffic generation and provide a substantial amenity for the City of Manistee. 2. The mixing of uses will be compatible with adjacent land uses, the natural environment, and the capacities of affected public services and facilities, and such use shall be consistent with the public health, safety and welfare of City of Manistee residents. The mixing of uses shall be consistent with the policies set forth in the City of Manistee Comprehensive Plan. 3. The development shall consolidate and maximize usable open space, wherever possible. 4. The applicant shall demonstrate that the proposed mixing of uses will not constitute a nuisance to future inhabitants or users of the development, or the City in general. 5. Off-street parking facilities for such mixed uses may be provided collectively, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use, unless the Planning Commission finds that such requirements are may be modified due to varying hours of operation or other factors. 6. A proposed Mixed-Use Development shall be designed in such a manner that will lead to compatible, efficient, and attractive uses of property in the City of Manistee, and shall: a. Encourage unique retail, office and residential use alternatives. b. Continue and augment the City’s traditional neighborhood patterns. c. Establish neighborhood places that will define and strengthen the community character and supplement the identity of the City. d. Provide for the redevelopment of underutilized sites. e. Facilitate pedestrian oriented development using design options such as sidewalk cafes, rear parking, residential condominiums above small-scale service uses, and enhanced landscape open spaces, squares, and parks. 7. Vehicular and pedestrian circulation within the development and access to the development shall be safe, convenient, non-congested and well defined. Shared access to parking areas will be required, where appropriate. 8. A Mixed-Use Development shall not infringe unreasonably on any neighboring uses. 9. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 2 10. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance. C. Findings of Fact – Section 1876 Professional Office of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. The minimum parcel area shall be not less than the required minimum parcel area for a single- family dwelling in the R-2 and R-3 Districts and a professional office shall front on and be accessed primarily from a key street segment, as defined herein. Property fronts on a key street segment 2. An office building shall be setback not less than 15 feet from any adjoining property zoned or used for residential purposes. 3. All parking areas that abut property zoned or used for residential purposes shall be effectively screened with landscaping or an approved fencing and all landscaping and buffering shall be provided in accordance with Section 531 of this Ordinance. 4. Special land use approval shall not be granted for an office building proposed to be located within an existing structure in a residential district if the essential character of the lot or structure in terms of traffic generation or appearance will be changed substantially. 5. All exterior lighting shall be in accordance with Section 525 hereof. 6. Any dumpsters on site shall be enclosed on four (4) sides with an opaque fence equipped with a lockable gate and shall not be visible from lot lines. 7. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 8. All parking shall be in accordance with Section 514 of this Ordinance. D. Findings of Fact – Section 1853 Medical or Dental Office of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. Within the R-2 and R-3 districts, a medical or dental office shall not exceed seven thousand (7,000) square feet in gross floor area. 2,076 sq. ft. 2. As a condition of approval, the Planning Commission may establish hours of operation for the Medical or Dental Office, if in the judgment of the Planning Commission such restrictions are needed to assure the compatibility of the facility with neighboring uses. 3. The exterior of the building shall be compatible with neighboring uses. 3 4. All exterior lighting shall be in accordance with Section 525 hereof. 5. Any dumpsters on site shall be enclosed on four (4) sides with an opaque fence equipped with a lockable gate and shall not be visible from lot lines. Any disposal of bio hazardous waste shall be in conformance with state and local requirements. 6. Within the R-2 and R-3 districts, Medical or Dental office shall front on and be accessed primarily from a key street segment, as defined herein. Property fronts on a key street segment 7 All signs shall be in accordance with Article 21 of this Zoning Ordinance. 8. All parking shall be in accordance with Section 514 of this Zoning Ordinance. 9. 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 Mixed-Use Development (Professional Office/Medical Office) at 215 Maple Street shall comply with the following conditions: 1. The Applicant shall request to combine both parcels 51-574-712-01 and 51-574-712-05 into one parcel to meet the requirement of Section 903.A “No duplex, multiple unit or commercial structure shall be established on any parcel less than ten thousand (10,000) square feet in area.” _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ CITY OF MANISTEE PLANNING COMMISSION: AYES: ABSTAINING: NAYS: ABSENT: MOTION: CARRIED CERTIFICATION: 4 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 June 5, 2014. ______________________________ Marlene McBride, Secretary 5 City of Manistee Planning Commission Resolution to Deny a Special Use Permit, Case Number PC-2014-05 Lighthouse Pregnancy Care Center At a regularly scheduled meeting of the City of Manistee Planning Commission held on June 5, 2014, the following resolution was adopted to approve a Special Use Permit for a Mixed-Use Development (Professional Office/Medical or Dental Office) as shown on Site Plan prepared by Abonmarche Dated 4/22/14. Planning Commissioner _____________ moved, supported by Planning Commissioner ____________, the adoption of the following resolution. WHEREAS, on May 7, 2014 a request was received from Lighthouse Pregnancy Care Center for a Special Use Permit for a Mixed Use Development (Professional Office/Medical Office, and WHEREAS, a Mixed Use Development (Professional Office/Medical Office) is provided for as a Special Use in the R-2 Medium Density Residential for parcels with Key Street Frontage, and WHEREAS, the parcel at 215 Maple Street has frontage on Maple Street which is a Key Street Segment as defined in Section 532 of the City of Manistee Zoning Ordinance, and WHEREAS, the Planning Commission has provided proper notice and held a public hearing on the proposed development on May 8, 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. 1 5. The Special Use does not create excessive additional requirements at public cost for facilities and services and will not be detrimental to the economic welfare of the community. 6. The Special Use does not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, vibration, smoke, toxic emissions, fumes, glare, or odors. 7. The Special Use meets the intent and purpose of the Zoning Ordinance; be related to the standards established in the Ordinance for the land use or activity under consideration; and will be in compliance with these standards. B. Findings of Fact – Section 1858 Mixed Use Development of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. The applicant shall demonstrate how the proposed mixing of uses will reduce traffic generation and provide a substantial amenity for the City of Manistee. 2. The mixing of uses will be compatible with adjacent land uses, the natural environment, and the capacities of affected public services and facilities, and such use shall be consistent with the public health, safety and welfare of City of Manistee residents. The mixing of uses shall be consistent with the policies set forth in the City of Manistee Comprehensive Plan. 3. The development shall consolidate and maximize usable open space, wherever possible. 4. The applicant shall demonstrate that the proposed mixing of uses will not constitute a nuisance to future inhabitants or users of the development, or the City in general. 5. Off-street parking facilities for such mixed uses may be provided collectively, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use, unless the Planning Commission finds that such requirements are may be modified due to varying hours of operation or other factors. 6. A proposed Mixed-Use Development shall be designed in such a manner that will lead to compatible, efficient, and attractive uses of property in the City of Manistee, and shall: a. Encourage unique retail, office and residential use alternatives. b. Continue and augment the City’s traditional neighborhood patterns. c. Establish neighborhood places that will define and strengthen the community character and supplement the identity of the City. d. Provide for the redevelopment of underutilized sites. e. Facilitate pedestrian oriented development using design options such as sidewalk cafes, rear parking, residential condominiums above small-scale service uses, and enhanced landscape open spaces, squares, and parks. 7. Vehicular and pedestrian circulation within the development and access to the development shall be safe, convenient, non-congested and well defined. Shared access to parking areas will be required, where appropriate. 8. A Mixed-Use Development shall not infringe unreasonably on any neighboring uses. 9. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 2 10. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance. C. Findings of Fact – Section `876 Professional Office of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. The minimum parcel area shall be not less than the required minimum parcel area for a single- family dwelling in the R-2 and R-3 Districts and a professional office shall front on and be accessed primarily from a key street segment, as defined herein. Property fronts on a key street segment 2. An office building shall be setback not less than 15 feet from any adjoining property zoned or used for residential purposes. 3. All parking areas that abut property zoned or used for residential purposes shall be effectively screened with landscaping or an approved fencing and all landscaping and buffering shall be provided in accordance with Section 531 of this Ordinance. 4. Special land use approval shall not be granted for an office building proposed to be located within an existing structure in a residential district if the essential character of the lot or structure in terms of traffic generation or appearance will be changed substantially. 5. All exterior lighting shall be in accordance with Section 525 hereof. 6. Any dumpsters on site shall be enclosed on four (4) sides with an opaque fence equipped with a lockable gate and shall not be visible from lot lines. 7. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 8. All parking shall be in accordance with Section 514 of this Ordinance. D. Findings of Fact – Section 1853 Medical or Dental Office of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. Within the R-2 and R-3 districts, a medical or dental office shall not exceed seven thousand (7,000) square feet in gross floor area. 2,076 sq. ft. 2. As a condition of approval, the Planning Commission may establish hours of operation for the Medical or Dental Office, if in the judgment of the Planning Commission such restrictions are needed to assure the compatibility of the facility with neighboring uses. 3. The exterior of the building shall be compatible with neighboring uses. 3 4. All exterior lighting shall be in accordance with Section 525 hereof. 5. Any dumpsters on site shall be enclosed on four (4) sides with an opaque fence equipped with a lockable gate and shall not be visible from lot lines. Any disposal of bio hazardous waste shall be in conformance with state and local requirements. 6. Within the R-2 and R-3 districts, Medical or Dental office shall front on and be accessed primarily from a key street segment, as defined herein. Property fronts on a key street segment 7 All signs shall be in accordance with Article 21 of this Zoning Ordinance. 8. All parking shall be in accordance with Section 514 of this Zoning Ordinance. 9. 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 Medical Office at 331 Fourth Street 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 June 4, 2014 ______________________________ Marlene McBride, Secretary 4 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: May 8, 2014 RE: Guardian Angels Parcel Split and Combination Request Commissioners, we have received a request from Guardian Angels Church for a Parcel Split and Combination. The Church owns parcel #51-646-702-05 which has 104.34 feet of frontage on Michael Street. They wish to sell the south 60 feet of the parcel which will meet the minimum lot area requirement for a parcel in the R-2 Medium Density Residential District. This results in the split of the north 44.34 feet of the parcel which will then be combined with parcel #51-646-702-03 (Convent) as shown on the Site Plan prepared by Abonmarche Dated April 16, 2014 Job No. 14-0211. Staff has reviewed the request and determined that the requirements of the ordinance would be met if the request were approved.

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