Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, September 4, 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 September 4, 2014 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the August 7, 2014 meeting Minutes. V Public Hearing VI Public Comment on Agenda Related items VII New Business PC-2014-07 - Catrina and Aaron (Judd) Brown, 435 Fifth Street – Accessory Structure Architectural Compatibility Larry Kessler, Kessler Construction is making a request in behalf of Catrina and Aaron Brown to construct a new detached garage (accessory structure that would be approximately 28 feet in height). Under Section 515.D of the Zoning Ordinance Mr. Kessler is requesting a higher structure to achieve architectural compatibility with the principal building. The Ordinance limits accessory buildings to 18 feet in height. At this time the Planning Commission could approve/deny the request from Larry Kessler on behalf of Catrina and Aaron Brown to allow the construction of an accessory structure to approximately 28 feet in height to achieve architectural compatibility with the principal buildings as allowed under section 515.D of the Zoning Ordinance. 1|P age VIII Old Business Zoning Review P-D Peninsula District – Public Input City Council has requested the Planning Commission review the current Zoning of the Peninsula District and review the zoning ordinance for specific uses that need to be addressed. The Commission began their review at the August 7, 2014 Planning Commission Meeting. Invitations were sent on August 14, 2014 to all property owners and occupants that live in the Peninsula District. At this time Chair Yoder will ask if anyone has any comments relating to the zoning in the 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: August 28, 2014 RE: September 4, 2014 Meeting Commissioners, the next meeting of the Planning Commission will be on Thursday, September 4, 2014. We have the following items on the agenda: PC-2014-07 - Catrina and Aaron (Judd) Brown, 435 Fifth Street – Accessory Structure Architectural Compatibility - Larry Kessler, Kessler Construction is making a request in behalf of Catrina and Aaron Brown to construct a new detached garage (accessory structure that would be approximately 28 feet in height). Under Section 515.D of the Zoning Ordinance Mr. Kessler is requesting a higher structure to achieve architectural compatibility with the principal building. The Ordinance limits accessory buildings to 18 feet in height. Zoning Review P-D Peninsula District – Public Input - City Council has requested the Planning Commission review the current Zoning of the Peninsula District and review the zoning ordinance for specific uses that need to be addressed. The Commission began their review at the August 7, 2014 Planning Commission Meeting. Invitations were sent on August 14, 2014 to all property owners and occupants that live in the Peninsula District. I received a call from Commissioner Crockett who informed me that he has moved outside the City and will be sending in a formal letter of resignation. Dave has served on the Planning Commission since 2006 and his dedication to the City will be missed. Once his letter is received I will notice the City Clerk who will then advertise the vacancy. 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 August 7, 2014 A meeting of the Manistee City Planning Commission was held on Thursday, August 7, 2014 at 7pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 7 pm by Chair Yoder Roll Call: Members Present: David Crockett, Bill Dean, Ray Fortier, Marlene McBride, Mark Wittlieff, Roger Yoder Members Absent: Maureen Barry (excused), Bill Dean (excused), Marlene McBride (excused) Others: Mayor Pro-Tem Catherine Zaring (325 Fifth Street), Ed Seng (Seng Dock & Trucking, 200 River Street), Tim Flarity & Ellen Marshall (28 Lake Street), Dennis Skiera (1453 Maple Road), Renee Zwiefka (232 River Street), Mitch Deisch (City Manager), Denise Blakeslee (Planning & Zoning Administrator) and others APPROVAL OF AGENDA Motion by Ray Fortier, seconded by Dave Crockett that the agenda be approved as prepared. With a Roll Call vote this motion passed 4 to 0. Yes: Crockett, Fortier, Wittlieff, Yoder No: None APPROVAL OF MINUTES Motion by Ray Fortier, seconded by Dave Crockett that the minutes of the July 10, 2014 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 4 to 0. Yes: Fortier, Crockett, Wittlieff, Yoder No: None City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 1 PUBLC HEARING None PUBLIC COMMENT ON AGENDA RELATED ITEMS Mayor Pro-Tem Catherine Zaring, 325 Fifth Street – Is in support of looking at the PD Peninsula Zoning District. She asked the commission to consider a Deep Water Port, Port Authority, and Designation as an International Waterways as uses that could include Import/Export and US Customs. The potential of grants for a Warf District should be investigated. These properties should be required to be landscaped; this greenspace at the entrance would minimize industrial appearance. The development of a Port Authority would be income generating. NEW BUSINESS Zoning Review P-D Peninsula District City Council has requested the Planning Commission review the current Zoning of the Peninsula District and review the zoning ordinance for specific uses that need to be addressed. City Manager Mitch Deisch – spoke to the Commissioners about the request and the discussion from Council’s July 15, 2014 meeting. The request from Mr. Seng to amend the Development Agreement; Council’s discussion to have the Planning Commission review the Zoning on the PD Peninsula District; the City Manager’s and City Attorney’s recommendation for a determination by the Manistee County Circuit court that Rieth-Riley’s consent is not required. It is appropriate for the Commission to do a full review of the P-D Peninsula District. This review is not bound by the Development Agreement. The Commission should look at what is the highest and best use for the District. They should determine if the Redevelopment Plan still makes sense, if not determine what makes sense for the District. This review is requested to be completed by the September 16, 2014 City Council Meeting. Commissioner Crockett – The Commission spent months reviewing the request for a Shipping Facility. The review has been done. The recommendation has already been sent to Council. Chair Yoder asked what had changed since that time and expressed his concern that the Planning Commission is not being given enough time to do a complete review of the district in the time allotted by City Council. City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 2 Mitch Deisch - The Commission is asked to complete an open honest, complete review that is unfettered by the Development Agreement. If the Commission feels the review has been complete, he will take it back to council. Commissioner Fortier – feels that the City, Seng and Reith Riley need to get together and talk. If they have not met together to talk, he won’t change his vote. Commissioner Crockett - agrees with Chair Yoder that the time to review all of the documentation is not reasonable. This evening they were given more information from staff along with correspondence that they have not had time to review. Chair Yoder – there are three members of the Commission that are absent and they need time to be brought up to speed before a recommendation to City Council. Mitch Deisch – If the Commission feels that September 16 is not sufficient time for the review then they can inform Council that additional time is needed. Planning & Zoning Administrator Denise Blakeslee used a PowerPoint Presentation to assist in reviewing the P-D Peninsula Zoning which included: A map that shows the existing land uses; there are 82 parcels in the P-D district, the district was broke down into 10 sections that details each owner and use. Each Parcel has been assigned a number 1 – 82 that is referenced in supporting documents. Review of the “Old Zoning Ordinance” (prior to March 27, 2006). A map was prepared that shows the current boundary of the P-D Peninsula District previously included four Zoning Districts (REN – Renaissance Zone Lakefront Industrial District, MUD – Multiple Use District, C-4 Commercial District and R-4 Residential District). The Old Zoning Ordinance used SIC Codes (Standard Industrial Classification) for uses. This type of classification of uses requires having to look every use up in the manual to compare against the ordinance to determine if the use is permitted or not. The new ordinance provides definitions for every use and is easier to determine if a use is permitted as a use by right or a special land use. This evening commissioners were given a comparison table between the old and new ordinance for their review along with a table of Dimensional Standards and requirements between the new and old ordinance. The Commission reviewed copies of the Existing Land Use and Future Land Use Map information relating to the Peninsula from the 2002 Master Plan. The Commission was given a review of each parcel in the district. The review was divided into three categories. Vacant parcels, Residential Parcels, Commercial/Industrial Parcels. This review details each parcel by owner, parcel dimensional requirements and includes notes about City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 3 the use of the parcel, if dimensional requirement are met, if the parcel is non-conforming (stating how). Staff is proposing to mail out invitations to the property owners in the Peninsula District to include their input in the review process. This could take place at the September 4, 2014 Planning Commission meeting. The Commission directed staff to send out an invitation to the property owners inviting them to the September 4, 2014 meeting to allow their input on the Uses in the P-D Peninsula District. Staff was asked to prepare a letter to City Council that September 16, 2014 is not sufficient time for a recommendation. The Planning Commission will need time to review documents, listen to input from the property owners and once they have all the information they will send their recommendation to City Council. OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS Catherine Zaring said that she only wanted the Planning Commission to review the four parcels where shipping could be operated and their capabilities. Chair Yoder asked if there were any potential developments in process on the Peninsula. Should an environmental review be required, shipping, storage and retention, and waterway protection. Mitch Deisch - gave the background on the district since 2004, spoke of the reinitiating of Deepwater Shipping and the ancillary activities that go along with it including trucking and storage. Ed Seng, Seng Dock & Trucking, 200 River Street – spoke of the Development Agreement he signed in 2008. The economy has changed; he has nine companies that want to move material by water. This is an opportunity to go to work. There are 2 – 5 local jobs and 35 jobs for the barge companies. His Lawyer is speaking to the Attorney General’s Office about a determination about nonconformity. Tim Flarity & Ellen Marshall, 28 Lake Street – dropped off a letter this afternoon that the Commissioners received at the meeting (attached). Spoke of concerns expressed in their letter and asked the commission to consider the plan in place and encouraged them that it was the City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 4 way to go. Shipping is an exact reversal to the long term plan. How many times do changes need to be made? She requested that there be total transparency and she presented two letters one from John & Donna Mudschau and the other from Duane Schultz who are asking that their names be removed from the petition that Ed Seng asked them to sign. Dennis Skiera, 1453 Maple Road – asked how a private individual can reset the zoning in the district and feels it is not fair for a couple of people to get what they want. If industrial is allowed in the district you need to consider the noxious smell and traffic. He was glad when shipping was removed. Mr. Seng is a nice guy but is not in the best interest to rezone when you have a beautiful concept. Renee Zwiefka, 232 River Street – Mrs. Zwiefka has lived on the Peninsula her whole life and has seen everything come and go. People who own homes down there knew it was commercial when they moved. There has never been much there, Morton dock, PCA dock, Iron Works, Heavy Trucks, Old City Building she has never heard any complaints. This is not much different; the plan backfired on the City. CORRESPONDENCE Letter including Petition Dated July 28, 2014 from Ed Seng, Seng Dock and Trucking, 200 River Street (attached) Letter Dated August 6, 2014 to Ed Seng from Planning & Zoning Administrator (attached) Letter Dated August 6, 2014 from Ellen Marshall, Kathy Boyle, and Timothy Flarity (attached) Letter Dated August 7, 2014 from John & Donna Mundschau (Attached) Letter Dated August 7, 2014 from Duane Schultz (attached) STAFF/SUB-COMMITTEE REPORTS Denise Blakeslee, Planning & Zoning Administrator – Reminded members they are invited to attend the Council Worksession on August 12, 2014 where the South Washington Area Brownfield Plan will be presented to City Council. MEMBERS DISCUSSION Commissioner Crocket asked if the Zoning Amendment from Mr. Seng had gone to City Council. The Planning Commission does not have a worksession scheduled in August The next regular meeting of the Planning Commission will be held on Thursday, September 4, 2014 City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 5 ADJOURNMENT Motion by Ray Fortier, seconded by Dave Crockett that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 8:40 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 6 City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 7 City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 8 City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 9 City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 10 City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 11 City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 12 City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 13 City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 14 City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 15 City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 16 City of Manistee Planning Commission Meeting Minutes of August 7, 2014 Page 17  70 Maple Street, Manistee, MI 49660 www.manisteemi.gov CITY HALL 70 Maple Street August 14, 2014 City Manager 231.398.2801 City Assessor 231.398.2802 Good Morning! Building Inspector 231.398.2806 The City of Manistee Planning Commission has been asked by City Council to review the Zoning Standards (Uses and Regulations) in the P-D Peninsula Zoning District. The Planning, Zoning & Community Dev. Commission began their review at their August meeting and is looking for input from the 231.398.2805 Property Owners and Occupants in the P-D Peninsula District. You are invited to attend the next Planning Commission Meeting on: City Clerk 231.398.2803 Thursday, September 4, 2014 City Treasurer 231.398.2804 7 pm Council Chambers, Third Floor Water Billing City Hall, 70 Maple Street, Manistee, Michigan 231.723.2559 Administration Staff presented a review of the District at the August Planning Commission meeting. FAX 231.723-1546 Discussion included Current Land Uses, Old Zoning Ordinance/Zoning Districts (Prior to Clerk/Treasurer March 27, 2006), Comparison of Uses, Comparison of Dimensional Standards, Staff Review, FAX 231.723-5410 and the Master Plan. The following link will take you to the PowerPoint presentation that was used for that discussion. http://manisteemi.gov/DocumentCenter/View/1395 Police Department 70 Maple Street If you are unable to attend the meeting but have concerns, written comments with 231.723.2533 FAX 231.398.2012 signature can be submitted to: Denise Blakeslee, Planning and Zoning, City of Manistee, 70 Maple Street, Manistee, MI 49660 or by email to dblakeslee@manisteemi.gov Fire Department 281 First Street I will be out of the office August 18, 2014 thru August 22, 2014, but would be happy to 231.723.1549 answer any questions upon my return. If you have questions, please call me at Fax 231.723.3519 231.398.2805. Public Works 280 Washington St. 231.723.7132 Sincerely, FAX 231.723.1803 CITY OF MANISTEE Parks Department 231.723.4051 Water Maintenance 231.723.3641 Denise J. Blakeslee Planning & Zoning Wastewater Plant 50 Ninth Street 231.723.1553 :djb P-D Peninsula Zoning District