Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, January 8, 2015 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 January 8, 2015 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the December 4, 2014 meeting Minutes. V Public Hearing VI Public Comment on Agenda Related items VII New Business Sub-Committee Appointments According to the By-Laws of the City of Manistee Planning Commission the Chair will appoint members of the Planning Commission to serve on Sub-Committees of the Planning Commission and one member who shall serve on the Zoning Board of Appeals. By Law Review According to the By-Laws of the City of Manistee Planning Commission shall annually review their By-Laws at the regularly scheduled meeting in January. At this time the Planning Commission could take action to make changes to their By-Laws if necessary. Master Plan Review Under Section 125.3845, Sec. 45 (2) “At least every 5 years after adoption of a master plan, a planning commission shall review the master plan and determine whether to commence the procedure to amend the master plan or adopt a new master plan. The review and its findings shall be recorded in the minutes of the relevant meeting or meetings of the planning commission.” 1|P age  At this time that the Planning Commission could take action to continue their work on rewriting the City of Manistee Master Plan. Michigan Right to Farm Act/GAAMP The Planning Commission will discuss the Michigan Right to Farm Act and changes in Generally Accepted Agricultural and Management Practice (GAAMP). Manistee County Regional Parks, Recreation and Trail Development Plan Initiative The County Planning Department and Alliance for Economic Success is preparing a Manistee County Regional Parks, Recreation and Trail Development Plan and have asked that a representative from the Planning Commission serve on the committee. Chair Yoder attended the Kick Off Meeting on December 15, 2014 and will give a report to the Commission. VIII Old 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. A final draft of Findings of Facts was sent to the Commission to review and approve. The Planning Commission has completed their review of the P-D Peninsula District as requested by City Council, prepared a Finding of Facts that will be certified by the Secretary of the Planning Commission than forwarded to City Council. 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 TO: Planning Commissioners Denise Blakeslee Planning & Zoning FROM: Denise Blakeslee, Planning & Zoning Administrator Administrator 70 Maple Street Manistee, MI 49660 DATE: December 19, 2014 231.398.2805 dblakeslee@manisteemi.gov RE: January 8, 2015 Meeting www.manisteemi.gov Commissioners, Planning Commission will hold a meeting on Thursday, January 8, 2015. We have the following items on the agenda as follows: Sub-Committee Appointments - According to the By-Laws of the City of Manistee Planning Commission the Chair will appoint members of the Planning Commission to serve on Sub- Committees of the Planning Commission and one member who shall serve on the Zoning Board of Appeals. By Law Review - According to the By-Laws of the City of Manistee Planning Commission shall annually review their By-Laws at the regularly scheduled meeting in January. Master Plan Review - Under Section 125.3845, Sec. 45 (2) “At least every 5 years after adoption of a master plan, a planning commission shall review the master plan and determine whether to commence the procedure to amend the master plan or adopt a new master plan. The review and its findings shall be recorded in the minutes of the relevant meeting or meetings of the planning commission.” Michigan Right to Farm Act/GAAMP - The Planning Commission will discuss the Michigan Right to Farm Act and changes in Generally Accepted Agricultural and Management Practice (GAAMP). Manistee County Regional Parks, Recreation and Trail Development Plan Initiative - Chair Yoder attended the Kick-Off Meeting on December 15, 2014 and will give a report to the Commission. 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. A final draft of Findings of Facts was sent to the Commission to review and approve. A copy of the 2014 List of Action is included in your packet. Packets are being mailed early since I will be out of the office until January 5, 2015. If any items come in during my absence, you will be sent an amended agenda. I want to take a moment to thank you for all of your hard work and dedication this past year. We want to wish you and your families a wonderful holiday and all the best in 2015. If you are unable to attend the meeting, please call me at 398.2805.  CITY OF MANISTEE PLANNING COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES December 4, 2014 A meeting of the Manistee City Planning Commission was held on Thursday, December 4, 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, Judd Brown, Bill Dean, Ray Fortier, Marlene McBride, Mark Wittlieff, and Roger Yoder Members Absent: None Others: Suzanne Riley (Owner - Century 21 Boardwalk), Brandon Ball (Agent - Century 21 Boardwalk), Ed Seng (200 River Street), Denise Blakeslee (Planning & Zoning Administrator) and others APPROVAL OF AGENDA Motion by Ray Fortier, seconded by Marlene McBride that the agenda be approved as prepared. With a Roll Call vote this motion passed 7 to 0. Yes: Barry, Brown, Dean, Fortier, McBride, Wittlieff, Yoder No: None APPROVAL OF MINUTES Motion by Ray Fortier, seconded by Mark Wittlieff that the minutes of the November 13, 2014 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 7 to 0. Yes: Dean, Fortier, Barry, Brown, McBride, Wittlieff, Yoder No: None PUBLC HEARING None City of Manistee Planning Commission Meeting Minutes of December 4, 2014 Page 1 PUBLIC COMMENT ON AGENDA RELATED ITEMS Suzanne Riley and Brandon Ball, Century 21 Boardwalk – Ms. Riley and Mr. Ball were asked by Commissioner Wittlieff to speak to the Commission about what is happening in the current real estate market in Manistee. Ms. Riley and Mr. Ball spoke of the number of residential sales in Manistee County in the past 12 months. There were 284 closings, 76% were for properties under $150,000. There are only 31 residential properties in the City for sale in that price range currently, this indicates that there is a lack of residential housing stock available in the City under $100,000. There were 12 Commercial closings in the past 12 month’s county wide. Nine of those sales were for properties in the City. They discussed the changes in the market and the Peninsula Redevelopment Plan and that it provides for a great mix as planned. Commissioners discussed the real estate market with Ms. Riley and Mr. Ball who answered their various questions. The Commission thanked Ms. Riley and Mr. Ball for their update on the real estate market. NEW BUSINESS Election of Officers 2015 According to the By-Laws of the City of Manistee Planning Commission their annual election of Officers is held at the December Meeting for the following year. Chair At this time the meeting was turned over to Denise Blakeslee who asked for nominations for the Position of Chair. Ray Fortier nominated Roger Yoder for the position of Chair Nominations were asked for three times, there being no other nominations; nominations were closed. With a voice vote, Roger Yoder was unanimously elected Chair of the Planning Commission for 2015. Vice-Chair Chair Yoder asked for nominations for the Position of Vice-Chair. Marlene McBride nominated Ray Fortier for the position of Vice-Chair Nominations were asked for three times, there being no other nominations; nominations were closed. With a voice vote, Ray Fortier was unanimously elected Vice - Chair of the Planning Commission for 2015. Secretary City of Manistee Planning Commission Meeting Minutes of December 4, 2014 Page 2 Chair Yoder asked for nominations for the Position of Secretary. Ray Fortier nominated Marlene McBride for the position of Secretary Nominations were asked for three times, there being no other nominations; nominations were closed. With a voice vote, Marlene McBride was unanimously elected Secretary of the Planning Commission for 2015. Appointment of a Recording Secretary 2015 Once Elected the Secretary may appoint a Recording Secretary to handle the administrative functions of the office. Marlene McBride appointed Denise Blakeslee to act as the Recording Secretary for the Planning Commission for the year 2015. OLD 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. The Planning Commission worked on the draft that was sent by staff that included an estimate of on street parking spaces available. The Commission continued their development of the Report of findings and staff will make changes to the parking recommendations to include: ADD new item that reads: For all permitted uses and special uses in the P-D District the parking provisions of this section shall not apply, except hotels, marinas, and places of public assembly. AMEND item H. by adding P-D as follows: H. Within the C-1, C-2, C-3 and P-D Districts, the Planning Commission may approve shared parking arrangements among various uses when it can be demonstrated that parking in sufficient quantities for all such uses as set forth in this Section shall be available at all times. The Commission discussed if a Shipping Facility should be allowed on the Peninsula. If allowed should it be a Use by Right or as a Special Land Use. Staff noted that we currently do not have Special Use Permit standards for a Shipping Facility, this language would need to be developed to include regulations the Commission would approve and would need to be reviewed by the City Attorney. The Commissioners were polled if a Shipping Facility should be allowed as a Use in the P-D District. Yes: Barry, Brown, Dean, McBride, Wittlieff No: Fortier, Yoder City of Manistee Planning Commission Meeting Minutes of December 4, 2014 Page 3 The Commissioners then were polled if it allowed should it be as a Use by Right or as a Special Land Use Use by Right - None Special Land Use - Wittlieff, McBride, Fortier, Dean, Brown, Barry Abstained - Yoder The Commission approved language to be included in the Report of Findings relating to Shipping Facilities that would read: Shipping Facility - The Planning Commission would consider allowing a Shipping Facility on the P-D as a Special Use if language could be developed that the Commission is comfortable with. PUBLIC COMMENTS AND COMMUNICATIONS Ed Seng, 200 River Street – thanked the Commission, spoke of the various permits needed for a shipping facility and jobs. CORRESPONDENCE The Planning Commission received a letter from the Manistee County Planning Department and Alliance for Economic Success formerly requesting a Planning Commissioner to serve as a representative on the County-wide Parks and Recreation Leadership Team. Chair Yoder said that he would attend the first meeting scheduled for December 15 th. Committee Appointments will be made in January and a member will be selected at that time to serve as the City Planning Commission representative on the County-wide Parks and Recreation Leadership Team at that time. STAFF/SUB-COMMITTEE REPORTS Denise Blakeslee, Planning & Zoning Administrator – Thanked the Commission for all of their work on their review of the P-D Peninsula Zoning District. The Planning Commission does not have a Worksession scheduled in December The next regular meeting of the Planning Commission will be held on Thursday, January 8, 2015 ADJOURNMENT Motion by Ray Fortier, seconded by Mark Wittlieff that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 8:30 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of December 4, 2014 Page 4  CITY OF MANISTEE PLANNING COMMISSION BY- LAWS AND RULES OF PROCEDURES 1. AUTHORITY These By- laws and Rules of Procedures are adopted by the Planning Commission of the City of Manistee, County of Manistee, ( hereinafter referred to as the Commission) pursuant to Public Act 110 of 2006, as amended, the Michigan Zoning Enabling Act; Public Act 33 of 2008, as amended being the Michigan Planning Enabling Act, the City of Manistee Zoning Ordinance, and the Public Act 267 of 1976, as amended, the Open Meetings Act. 2. OFFICERS 2. 1 Selection. At the December meeting, the Planning Commission shall elect a chair, vice- chair and secretary who shall serve for the next twelve ( 12) months and who shall be eligible for re- election. Vacancies in an office of the Commission shall be filled at the next regular meeting of the Commission. The membership shall elect one of its members to fill the vacancy until the next annual election. 2. 2 Duties. The chair shall preside at all meetings and shall conduct all meetings in accordance with the rules provided herein. D. The vice- chair shall act in the capacity of the chair in the absence of the chair or in the event of a vacancy in the office of chair; in which case, the Commission shall select a successor to the office of vice- chair at the earliest practicable time. D The Secretary shall be responsible for execution of documents in the name of the Planning Commission, the preparation of minutes, keeping of pertinent public records, delivering communications, reports, and related items of business of the Commission, issuing notices of public hearings and performing related administrative duties to assure efficient and informed Commission operations. The Secretary may appoint a Recording Secretary to handle the administrative functions of the office. In the event the Secretary is absent, the chair or acting chair shall appoint a temporary secretary for such meeting. 2. 3 Tenure. The officers shall take office at the first regularly scheduled meeting immediately following their election. They shall hold their office for a term of one year, or until their successors are elected and assume office. 3. MEETINGS 3. 1 Meeting Notice. Notice of all meetings shall be posted at City Hall by December 31st of each year. The notice shall include the date, time and place of the meeting. Any changes in the date or time of the regular meetings shall be posted and noticed in the same manner as originally established. When a regular meeting date falls on or near a legal holiday, the Commission shall select suitable alternate dates in the same month, in accordance with the Open Meeting act. 3. 2 Removal from Office. The legislative body may remove a member of the planning commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. City of Manistee Planning Commission Page 1 By- Laws and Rules of Procedures  3. 3 Commission Absences. In order to maintain the maximum participation of all appointed Planning Commission members at all scheduled meetings, the following is the attendance guide and Commissioner replacement policy for" excused" or" unexcused" absences: 1. When appointed, each Commissioner should state his/ her willingness and intention to attend each scheduled meeting of the Planning Commission. 2. In the event of unplanned personal matters, business trips, family vacation trips, changed job requirements, sickness, or other physical disabilities that prohibit the Commissioner from attending the scheduled meeting; the Commission Chair or staff Liaison to the Planning Commission should be notified as soon as possible prior to the time of the scheduled meeting of their inability to attend. The Commissioner upon this notification will receive an" excused absence" for the involved scheduled meeting. 3. If any Commissioner is absent from three ( 3) consecutive scheduled meetings without an " excused absence" for any of the three ( 3) meetings, the Commissioner shall be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question his/ her continued ability or interest in being on the Commission, giving the member a chance to rectify the attendance issue or submit a resignation. 4. There will be no limit on the number of consecutive " excused absences" for any Commissioner. However, if the Commissioner is repeatedly absent for at least 50% of the yearly scheduled meetings, that member will also be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question the member' s continued ability or interest to be on the Commission. The Commissioner will be considered for appointment nullification when the absences total six in the calendar year. 5. The appointment nullification action would be initiated by the City Manager and forwarded on to the City Council for official action. 3. 4 Special Meetings. A special meeting may be called by three members of the Planning Commission request to the Secretary or by the Chairperson. upon written The business which the Planning Commission may perform shall be conducted at a public meeting of the Planning Commission held in compliance with the Open meeting Act. Public Notice of the time, date, and place of the special meeting shall be given in a manner as required by the Open Meeting act, and the Secretary or Recording Secretary shall provide notice to commission members by writing, telephone, or e- mail. 3. 5 Quorum. In order for the Commission to conduct business or take any official actions, a quorum consisting of at least four of the seven members of the Commission shall be present. When a quorum is not present, no official action, except for the closing of the meeting may take place. The members of the commission may discuss matters of interest, but shall take no action until the next regular or special meeting. All public hearings without a quorum shall be scheduled for the next regular or special meeting and no additional public notice is required provided the date, time and place is announced at the meeting. 3. 6 Public Hearings. Hearings shall be scheduled and due notice given in accordance with the provisions of the Acts and Ordinance cited in Section 1. Public hearings conducted by the Planning Commission shall be run in an orderly and timely fashion. This shall be accomplished by the following procedure. City of Manistee Planning Commission By- Laws and Rules of Procedures Page 2  1. The Chair of the Planning Commission shall announce that a public hearing will be conducted on a request. 2. The Chair may read the public hearing announcement as published in the newspaper and give a brief description of the hearing subject and the public notice procedure. 3. The Chair may announce the following hearing rules: a. The Chair will recognize each speaker. When a speaker has the floor, he/ she is not to be interrupted unless time has expired. Persons speaking without being recognized shall be out of order. b. Each speaker shall state their name and address for the record and may present written comments for the record. c. Speakers shall address all comments and questions to the Planning Commission and comments will be limited to the subject matter of the Public Hearing. d. Unless waived by the Planning Commission for a specific meeting or a specific speaker, public comment shall be limited to five ( 5) minutes per speaker, one time only. If a group of people wish to be heard on one subject, a spokesperson may be designated who may request that more than five ( 5) minutes be permitted for collective comments of the group as presented by that speaker. e. The Chair may require that repetitive comments be limited or abbreviated in the interest of saving time and allowing others to speak. Everyone shall have an opportunity to speak before someone is allowed to speak a second time. f. The Chair may establish additional rules of procedure for particular hearings as he/ she determines appropriate. g. Normal civil discourse and decorum is expected at all times. Applause, shouting, outbursts, demonstrations, name- calling or other provocative speech or behavior may result in removal from the hearing or an adjournment. 4. Once all public comments have been stated, the Chair shall close the hearing. Any voting member of the Planning Commission may initiate a motion to close the hearing. 5. Public Hearings may be carried out in the following format: a. The Chair shall open the hearing. b. The Applicant shall present any comments and explanation of the case. Applicant' s presentation shall not be subject to the five ( 5) minute limitation. c. The City staff and any consultants serving the City shall present their reports. d. The hearing will be opened for public comment. e. The public comment period will be closed. f. Deliberation and discussion by the Planning Commission. g. Disposition of the case by the Planning Commission. 3. 7 Motions. Motions shall be restated by the Chair before a vote is taken. The name of the maker and supporter of each motion shall be recorded. 3. 8 Voting. An affirmative vote of the majority of those members present shall be required for the approval of any requested action or motion placed before the Commission. Voting shall ordinarily be by voice vote; provided however that a roll call vote shall be required if requested by any Commission member or directed by the Chairperson. All members of the Commission including the Chairperson shall vote on all matters, but the Chairperson shall vote last. City of Manistee Planning Commission By- Laws and Rules of Procedures Page 3  3. 9 Order of Business. A written agenda for all regular meetings shall be prepared as followed. The order of business shall be: Call to Order. Roll Call Approval of Agenda Approval of Minutes Public Hearings Public Comment on Agenda related items New Business Old Business Public Comments and Communications Correspondence Staff Reports Members discussion Adjournment A written agenda for special meeting shall be prepared and followed, however the form as enumerated above shall not be necessary. 3. 10 Rules of Order. All meetings of the Commission shall be conducted in accordance with generally accepted parliamentary procedure as adopted by City Council for all Boards and Commissions within the City of Manistee. 3. 11 Agenda Items. For an item to be considered at a regular Planning Commission meeting, it must be submitted to the City Community Development Department no later than the established policy of the City prior to the next scheduled Planning Commission Meeting. 3. 12 Conflict of Interest:Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the planning commission. The member is disqualified from voting on the matter if so provided by the bylaws or by a majority vote of the remaining members of the planning commission. 1. As used here, a conflict of interest shall at a minimum include, but not necessarily be limited to, the following: a. A commission member issuing, deliberating, voting or reviewing a case concerning himself. b. A commission member issuing, deliberating, voting or reviewing a case concerning work on land owned by himself. c. A commission member issuing, deliberating, voting or reviewing a case involving a corporation, company, partnership, or other entity in which he is a part owner, or any other relationship where he may stand to have a financial gain or loss. d. A commission member issuing, deliberating, voting or reviewing a case which is an action which results in a pecuniary benefit to himself. e. A commission member issuing, deliberating, voting or reviewing a case concerning his spouse, children, step- child, grandchildren, parents, brother, sister, grandparents, parents in- law, grandparents in- law or member of his household. f. A commission member may consider the possibility of declaring a conflict of interest if his/ her home falls within a notification radius used for a Public Hearing. Because the sending of the notice automatically presumes some degree of interest, this fact City of Manistee Planning Commission By- Laws and Rules of Procedures Page 4  should be recognized by declaring a conflict, particularly if a financial impact is likely. g. A commissioner who feels, in his/ her judgment that his/ her job, scope of duties and/ or position may be at risk, pending the outcome of the permitting process. 2. A commission member shall, when he/ she has a conflict of interest do the following immediately, upon the first review of the case and determining a conflict exists: a. declare a conflict exists at the beginning of the meeting where the case appears on the agenda, or when the topic brought up so such declaration is recorded in the minutes, and b. refrain from participating in the discussion, site inspection or review of the case, except where specific information has been requested by the commission, and c. refrain from casting a vote on any motion having to do with the case. 4. MINUTES 4. 1 Preparation. Commission minutes shall be prepared by the Secretary or Recording Secretary of the Commission. The minutes shall contain a brief synopsis of the meeting, including a complete restatement of all motions and recording votes; complete statement of the conditions or recommendations made on any action; and recording of attendance. All communications, action and resolutions shall be attached to the minutes. 5. OPEN MEETINGS AND FREEDOM OF INFORMATION PROVISIONS 5. 1 All meetings of the Commission shall be open to the public and held in a place available to the general public. 5. 2 All deliberations and decision of the Commission shall be made at a meeting open to the public. 5. 3 A person shall be permitted to address a hearing of the Commission under the rules established in subsection 3. 5, and to address the Commission concerning non- hearing matters at the time designated for such comments. 5. 4 A person shall not be excluded from a meeting of the Commission except for breach of the peace, committed at the meeting. 5. 5 All records, files, publications, correspondences, and other materials are available to the public for reading, copying, and other purposes as governed by the Freedom of Information Act. 6. COMMITTEES 6. 1 Executive Committee. The Executive Committee of the Planning Commission shall consist of the Chair, Vice - Chair and Secretary. The Executive Committee shall be the Joint Ordinance Review Committee. 6. 2 Committees. The Planning Commission or Chair of the Planning commission may establish and appoint standing and/ or ad hoc committees for special purposes or issues, as deemed necessary. No more than three members of the Planning Commission may serve on a standing and/ or ad hoc committee at any given time. Committee appointments shall be City of Manistee Planning Commission Page 5 By- Laws and Rules of Procedures  made at the first regular meeting held in January of each year or at the time the committee is formed. 6. 3 Rules of Procedure. All Sub- committees are subservient to the Planning Commission and report their recommendations to the Planning Commission for review and action and shall be conducted in accordance with generally accepted parliamentary procedure as adopted by City Council for all Boards and Commissions within the City of Manistee. 7. ANNUAL REVIEW OF BY- LAWS The Commission shall annually review their By- Laws at the regularly scheduled meeting in January. 8. AMENDMENTS These rules may be amended by the Commission by a concurring vote subject to subsection 3. 7, during any regular meeting, provided that all members have received an advanced copy of the proposed amendments at least three ( 3) days prior to the meeting at which such amendments are to be considered. 3rd I HEREBY CERTIFY that the above Bylaws were adopted the day of January 2013. e Maureen Barry, Secret As Amended by the Planning Commission at their regularly scheduled meeting of March 5, 2009. Amendments included requirements of the new Michigan Zoning Enabling Act and Michigan Planning Enabling Act.] Annotation: As approved by the City Council at their June 2, 2009 Meeting- Council authorized the bylaw amendments for all Boards and Commissions to include the new Board Absences language; directed all boards or commissions to implement and follow these changes as Council has requested; and authorized the Mayor to sign the amended bylaws.] Annotation: Section 3. 9 Order of Business was amended at the January 6, 2011 Planning Commission Meeting by adding" Public Comment on Agenda related items" after Public Hearings] Annotation: Section 3. 9 Order of Business was amended at the January 6, 2011 Planning Commission Meeting by adding" Public Comment on Agenda related items" after Public Hearings] In order for the Annotation: on January 3, 2013 the Planning Commission amended the first sentence of Section 3. 5 Quorum as follows: Commission to conduct business or take any official actions, a quorum consisting of at least five four of the nine seven members of the Commission shall be present.] Annotation: on January 3, 2013 the Planning Commission amended the second sentence of Section 6. 2 Committees as follows: No more than feuf three members of the Planning Commission may serve on a standing and/ or ad hoc committee at any given time.] Approved by the City of Manistee Council I1I6If Date Cd(een Kenny, Mayor City of Manistee Planning Commission Page 6 By- Laws and Rules of Procedures Memorandum Denise Blakeslee TO: Planning Commissioners Planning & Zoning Administrator 70 Maple Street FROM: Denise Blakeslee, Planning & Zoning Administrator Manistee, MI 49660 231.398.2805 DATE: December 18, 2014 dblakeslee@manisteemi.gov www.manisteemi.gov RE: Michigan Right to Farm Act/GAAMP Commissioners, now that we are near completing our review of the P-D Peninsula Zoning District, we will discuss changes in the Michigan’s Right to Farm Act/GAAMP’s. City Council was working on amending Chapter 606 Animals of the Code of Ordinance when the changes took place. The Planning Commission has been asked to look at drafting language relating to chickens, ducks and possibly small pigs. I have compiled some information for your review:  Michigan Right to Farm Act FAQ  Traverse City - Chapter 610 Animals  Ann Arbor – Chicken Ordinance  Seattle Municipal Code – Keeping of Animals  Breeds & Types of Pot Belly Pigs  Vet Street – Why I Cringe When People Buy Teacup Pigs 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: December 5, 2014 RE: Report of Findings Commissioners, I have enclosed the Report of Findings including the items we discussed for your final review. I realized today that we did not make a decision if changes were needed for the Purpose and Intent. Since we are permitting mixed use as a use by right, I drafted it adding mixed use in the statement for your review. Instead of having each member sign the document, I have added language that would certify the document the same as we use for resolutions. I have sent an email to Williams & Works asking if they have any Special Land Use language for Shipping Facilities and asking them to assist with developing language. Thank you again for all of your work on this process. Have a wonderful holiday, see you next year! Report of Findings Planning Commission TO: City Council FROM: City of Manistee Planning Commission DATE: January 8, 2015 RE: P-D Peninsula District Review The Planning Commission has completed the review of the P-D Peninsula as requested by City Council. Each parcel was reviewed for dimensional standards, use and if it were a legal non-conformity (grandfathered). This discussion began at the August 7, 2014 Meeting where the Commission began to review the parcels and existing land uses for each parcel in the District. Staff sent out an invitation to the property owners and occupants in the district that invited them to the September 4, 2014 meeting asking them for their input on the zoning uses in the P-D Peninsula District. The Commission received public input where 12 people spoke and five letters were received. At the September Worksession the Commission continued their review of P-D Peninsula District. The Commission reviewed the Old Zoning Districts and discussed concerns by residents in the area of Smith Street and Webster Court wanting to be in a Residential District instead of the Peninsula District. Staff reviewed the table of uses for the P-D Peninsula District Zoning and the uses allowed under the old ordinance (prior to March 27, 2006) and dimensional standards. At the October meeting Staff prepared a review of the Parcels in the PD Peninsula and the adjoining R-3 High Density Residential District. This was done to determine how many parcels met the dimensional standards of the Zoning District and how many non-conforming parcels there are. The uses of the parcels were compared to determine how many conformed to the district standards and how many were non-conforming. Review of the Table of Uses at the October Workession included suggested changes and Items to further discuss included: Animal Grooming Consider adding as a Special Use Contractors Facilities Further Discussion Day Care, Group Consider adding as a Special Use Eating and Drinking Establishment Change to Use by Right Financial Institution Further Discussion Greenhouse & Nursery Consider adding as Special Use Shipping Facility Further Discussion The Commission also discussed parking requirements. 1 The Commission continued their review of the P-D Peninsula District at the November meeting. Outstanding items include: What is the Commission’s vision for the Peninsula? Does the Peninsula Redevelopment Plan still apply? Should changes be made to the Dimensional Standards in the Peninsula? What changes should be made to the Uses in the Peninsula? Should there be changes to the Parking Requirements? There are two properties in the P-D Peninsula District that were designated by the Michigan Legislature as Renaissance Zones. The Renaissance Zone expires on December 31, 2014. The Report of Findings should include a recommendation for a Zoning Amendment that would delete Section 605 Peninsula District Renaissance Zone Standards. Staff prepared a Parcel Area Comparison Table of Commercial/Industrial District for your review. A table of Uses with the discussion from the October 16, 2014 Worksession noted and a copy of Section 514 Parking Standards for further discussion. The Commission will discuss the Purpose and Intent of the District to see if any changes should be considered. On November 20th the Commission began to draft their Report of Findings that was finalized at their December 4th meeting. After five meetings and three worksession the findings of the Commission are as follows: Section 600 Purpose and Intent A Zoning Amendment should be considered that would amend Section 600 Purpose and Intent in the P- D Peninsula District as follows: We did not finalize our discussion on Section 600 – Since we are allowing mixed use as a use by right the Purpose could be amended to read as follows: It is the intent of this District to establish a mixed-use district incorporating a variety of recreational, residential, business or service uses on or near the Waterfront. This district is intended to encourage and promote sustainable, environmentally and aesthetically compatible developments that use or compliment the shoreline while promoting expanded use of the shoreline by the public. The District is intended to host a variety of land uses including, but not limited to, residential, commercial, entertainment, and recreational, service, and mixed use . Section 601 Uses Permitted by Right After a detailed review of the Table of Uses the findings of the Commission are as follows: A Zoning Amendment should be considered that would amend Section 601 Uses Permitted by Right in the P-D Peninsula District as follows: 2  1. ADD Contractors Facility 2. ADD Eating and Drinking Establishments – change from a Special Use 3. ADD Mixed Use – change from a Special Use Section 602 Uses Permitted by Special Land Use After a detailed review of the Table of Uses the findings of the Commission are as follows: A Zoning Amendment should be considered that would amend Section 602 Uses Permitted by Special Land Use in the P-D Peninsula District as follows: 1. ADD Animal Grooming 2. DELETE Eating and Drinking Establishment – Changing to a Use by Right 3. ADD Financial Institution 4. ADD Greenhouse & Nursery 5. DELETE Mixed Use – Changing to a Use by Right 6. Shipping Facility - The Planning Commission would consider allowing a Shipping Facility on the P-D as a Special Use if language could be developed that the Commission is comfortable with. DELETE Section 603 Uses Permitted by Special Land Use Permit, Requires Frontage on a Key Street Segment There are only three parcels with Key Street Frontage (US 31/Cypress Street) in the P-D Peninsula District. The findings of the Commission are as follows: 1. DELETE - Financial Institution – Changing to a Special Use 2. DELETE - Motel 3. DELETE - Places of Public Assembly, Large 4. DELETE - Theater Section 604 Dimensional Standards The Commission reviewed each of the 74 Parcels/67 Zoning Parcels (7 Zoning Lots) in the P-D District.  22 Legal Non-Conforming Parcels that do not meet the Minimum Lot Dimensional requirements  21 Parcels meet the Minimum Lot Dimensional Requirement for a Single Unit o 7 Legal Non-Conforming Uses (Commercial/Multi Family – parcels too small)  24 Parcels meet the Minimum Lot Dimensional Requirements for a Duplex or Commercial Use o 7 Legal-Non-Conforming Uses (Uses not permitted in the P-D Peninsula District) Accessory Structure – No primary structure on parcel Processing & Manufacturing Contractor’s Facility Warehouse’s (4 parcels) The findings of the Commission are as follows: A Zoning Amendment should be considered that would amend the Dimensional Requirements in the P-D Peninsula District as follows: 3  Minimum Lot Dimensions Maximum Minimum Yard Maximum Maximum Minimum Floor Lot Requirements (feet) Density Height Area Per Coverage Dwelling and Width District Area Width (%) of gross Front (a) Side Rear/ DU/Acre Feet/stories (Sq.Ft. & Ft) (sq. ft.) (feet) lot area(h) Waterfront (Principal (f) Bld) P-D Single Unit 6,000 60 Duplex or Commercial 10,000 80 60% 15 10 10/20 17 35/2½ 550/20 Multi-Unit 10,000(c) 80 DELETING the standards for requiring larger parcel area and width for Duplex, Commercial and Multi Unit Dwellings in Section 604 and in the Table of Uses. DELETE Section 605 Peninsula District Renaissance Zone Standards There are two properties in the P-D Peninsula District that were designated by the Michigan Legislature as Renaissance Zones. The Renaissance Zone expires on December 31, 2014. The findings of the Commission are as follows: A Zoning Amendment should be considered that would DELETE Section 605 Peninsula District Renaissance Zone Standards. Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks The Commission reviewed the parking and felt that by being less restrictive on parking in the P-D Peninsula District. The new streetscape including curb and gutter and sidewalks in the district allows for safe pedestrian movement with on street parking similar to the downtown. The findings of the Commission are as follows: A Zoning Amendment should be considered that would amend Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks as follows: ADD new item that reads: For all permitted uses and special uses in the P-D District the parking provisions of this section shall not apply, except hotels, marinas, and places of public assembly. AMEND item H. by adding P-D as follows: H. Within the C-1, C-2, C-3 and P-D Districts, the Planning Commission may approve shared parking arrangements among various uses when it can be demonstrated that parking in sufficient quantities for all such uses as set forth in this Section shall be available at all times. The City of Manistee Planning Commission will direct staff to begin the necessary paperwork to draft language for a Zoning Ordinance Amendment. 4 CITY OF MANISTEE PLANNING COMMISSION: AYES: ABSTAINING: NAYS: ABSENT: MOTION: CARRIED CERTIFICATION: I, Maureen Barry, 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 January 8, 2015. ______________________________ Maureen Barry, Secretary 5 City of Manistee Planning Commission List of Action – 2014 Date Item/Name Parcel Code/Address Request/Action 1/2/14 Renaissance Painting 51-448-724-09 Request for a Special Use Permit – Duplex Plus and Property 354 First Street MOTION by Ray Fortier, seconded by Bill Dean to adopt a resolution to approve the Management LLC request from Renaissance Painting Plus and Property Management LLC for a Special Use PC-2014-01 Permit for a Duplex at 354 First Street as submitted with application PC-2014-01 With a Roll Call vote this motion passed 4 to 1. Yes: Dean, Fortier, Barry, Yoder No: Wittlieff 1/2/14 Sub-Committee According to the By-Laws of the City of Manistee Planning Commission the Chair will appoint Appointments members of the Planning Commission to serve on Sub-Committees of the Planning Commission and one member who shall serve on the Zoning Board of Appeals. EXECUTIVE COMMITTEE (Chair, Vice Chair, Secretary)/ ORDINANCE RE-WRITE COMMITTEE Chair Yoder appointed: Marlene McBride – Secretary, Ray Fortier - Vice Chair, Roger Yoder MASTER PLAN REVIEW COMMITTEE/GREEN INITIATIVE - AD HOC COMMITTEE Chair Yoder appointed: Bill Dean, Marlene McBride, and Mark Wittlieff SITE PLAN REVIEW/ SUBDIVISION COMMITTEE Chair Yoder appointed: Bill Dean, Mark Wittlieff, and Roger Yoder Chair Yoder appointed 2 Alternates: Maureen Barry and Dave Crockett One member of the Planning Commission will be appointed as the Planning Commission Representative on the Zoning Board of Appeals. Chair Yoder appointed Ray Fortier. 1/2/14 By Law Review According to the By-Laws of the City of Manistee Planning Commission shall annually review their By-Laws at the regularly scheduled meeting in January. Members received copies of the By-Laws in their meeting packets. No Changes were made to the By-Laws. 1/2/14 Master Plan Review Under Section 125.3845, Sec. 45 (2) “At least every 5 years after adoption of a master plan, a planning commission shall review the master plan and determine whether to commence the procedure to amend the master plan or adopt a new master plan. The review and its findings shall be recorded in the minutes of the relevant meeting or meetings of the planning commission.” Motion by Maureen Barry, seconded by Ray Fortier that the Planning Commission will continue their work on rewriting the City of Manistee Master Plan With a Roll Call vote this motion passed 5 to 0. Page 1 of 12 City of Manistee Planning Commission List of Action – 2014 Date Item/Name Parcel Code/Address Request/Action 1/6/14 Peninsula Zoning Reviewed Zoning & Neighborhood Revitalization Action Plan, Staff gave presentation, discussion in response to Ed Seng’s Letter. 2/6/14 Rotary Park Play Area 51-340-400-00 A request has been received from the City of Manistee for a Land Use Permit for the Custom PC-2014-02 Rocket Structure/Rotary Park Play Area. 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. 2/6/14 Master Plan Update Staff reviewed work left to complete plan. 2/20/14 Worksession Cancelled 3/6/14 Seng Dock & Trucking Zoning Amendment Request that would ADD Shipping Facility as a use permitted by right in PC-2014-03 the P-D Peninsula District. 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. 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. 3/20/14 Worksession Seng Dock & Trucking, Zoning Amendment 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). Page 2 of 12 City of Manistee Planning Commission List of Action – 2014 Date Item/Name Parcel Code/Address Request/Action 4/3/14 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. MOTION by Maureen Barry, seconded by Marlene McBride that staff is directed to ask individuals who did not include their address on their email to request their home address on behalf of the Commission and they should note if they own property in the City. With a Roll Call vote this motion passed 6 to 0. 4/3/14 Seng Dock & Trucking A Public Hearing was on March 6, 2014 in response to the request from Seng Dock & PC-2014-03 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. Motion by Ray Fortier that the Planning Commission recommends that 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. Motion failed due to lack of a second. MOTION by Mark Wittlieff, seconded by Marlene McBride that the Planning Commission recommends that City Council to approve 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 with a tie vote of 3 to 3. Request Denied Commissioner Barry wanted to make a motion to leave it up to City Council to decide the request. Staff said that they would want to verify with the City Attorney if the Planning Commission can forward the request to City Council without a recommendation. Page 3 of 12 City of Manistee Planning Commission List of Action – 2014 Date Item/Name Parcel Code/Address Request/Action 4/17/14 Worksession Redevelopment Ready Communities – Best Practices - Staff reviewed the requirements of the Best Practices and which sections they will be asked to assist with. Master Plan Update - Commissioners received copies of the results of the online survey that was completed by Beckett & Raeder. The Commission reviewed and discussed the results. Misc. - Staff discussed with the Commission the process relating to the tie vote on the Seng Dock and Trucking Request for a Zoning Amendment and a request for a Parcel Split that will be on the May Agenda. 5/1/14 Roy E. Henderson 51-174-708-10 A Request has been received from Roy E. Henderson for a Parcel Split using the legal PC-2014-04 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). Moti 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. 6/5/14 Lighthouse Pregnancy 215 Maple Street Special Use Permit for Mixed-Use Development (Professional Office/Medical Office) Care Center 51-574-712-01 PC-2014-05 51-574-712-05 MOTION by Ray Fortier, seconded by Mark Wittlieff to adopt a resolution to approve with a condition 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 Condition: The Applicant shall request to combine both parcels 51-574-731-02 and 51-574-731-03 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.” With a Roll Call vote this motion passed 7 to 0. Page 4 of 12 City of Manistee Planning Commission List of Action – 2014 Date Item/Name Parcel Code/Address Request/Action 6/5/14 Guardian Angels Church 51-646-702-05 A request has been received from Guardian Angels Church for a Parcel Split and PC-2014-06 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. MOTION by Dave Crockett, seconded by Marlene McBride that the Planning recommends 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. With a Roll Call vote this motion passed 7 to 0. 6/5/14 Annual Report The Commission will discuss this past year’s activities and items they wish included in the report to City Council. 7/10/14 Redevelopment Ready Several members of the Commission were able to attend the Redevelopment Ready Communities Program Communities presentation to City Council on July 1, 2014. Staff and the Commission discussed the program and the work the Planning Commission will be doing assist with the Best Practices requirements. 7/10/14 Public Land Review The County Planning Department has asked the City to review a GIS Map they have drafted relating to Public Lands within the City. Members of the Planning Commission reviewed the map and made corrections as needed. This will be sent back to the County Planning Department along with maps that were reviewed by the Non-Motorized Transpiration Committee and Parks and Beautification Committee. Commissioners reviewed and made corrections to map. 8/7/14 Zoning Review P-D City Council has requested the Planning Commission review the current Zoning of the Peninsula District Peninsula District and review the zoning ordinance for specific uses that need to be addressed. This review is requested to be completed by the September 16, 2014 City Council Meeting. Staff has prepared a review of the parcels and existing land uses for properties in the Peninsula District for the Commission to begin their review/discussion. Page 5 of 12 City of Manistee Planning Commission List of Action – 2014 Date Item/Name Parcel Code/Address Request/Action 8/7/14 Zoning Review P-D The Commission directed staff to send out an invitation to the property owners Peninsula District inviting them to the September 4, 2014 meeting to allow their input on the Uses in Cont. 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. 9/4/14 Catrinia & Aaron (Judd) 435 Fifth Street Larry Kessler, Kessler Construction is making a request in behalf of Catrina and Aaron Brown/Larry Kessler, 51-371-701-05 Brown to construct a new detached garage (accessory structure that would be Kessler Construction approximately 28 feet in height). Under Section 515.D of the Zoning Ordinance Mr. (Agent) Kessler is requesting a higher structure to achieve architectural compatibility with the PC-2014-07 principal building. The Ordinance limits accessory buildings to 18 feet in height. MOTION by Bill Dean, seconded by Mark Wittlieff that the Planning Commission approve 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. With a Roll Call vote this motion passed 5 to 0. 9/4/14 Zoning Review P-D City Council has requested the Planning Commission review the current Zoning of the Peninsula District/Public Peninsula District and review the zoning ordinance for specific uses that need to be Input 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. Received Public Input – will continue review at 9/18/14 Worksession 9/18/14 Zoning Review P-D The Planning Commission continued their review of P-D Peninsula District. Items Peninsula District reviewed included dimensional and uses. The Commission reviewed the Old Zoning Districts and discussed concerns by residents in the area of Smith Street and Webster Court wanting to be in a Residential District instead of the Peninsula District. Staff Page 6 of 12 City of Manistee Planning Commission List of Action – 2014 Date Item/Name Parcel Code/Address Request/Action reviewed the table of uses for the P-D Peninsula District Zoning and the uses allowed under the old ordinance (prior to March 27, 2006). 10/2/14 Roy Henderson/Faulk & 51-174-708-10 Amend Special Use Permit for Communication Tower to add 12 antennas, 3 tower mounted Foster amplifiers and coax to the tower along with a prefabricated equipment shelter. PC-2014-08 MOTION by Ray Fortier, seconded by Judd Brown that the Planning Commission adopts a resolution to approve the request from Faulk & Foster, Agent for Roy Henderson, parcel code #51-101-275-03 to amend Special Use Permit for Communication Tower to add 12 antennas, 3 tower mounted amplifiers and coax to the tower along with a prefabricated equipment shelter. With the following conditions: 1. The applicant provides a Registered Engineer's certification of the design and safety of the proposed tower to withstand winds of 85 miles per hour. Such certification shall set forth the fall zone area for the proposed tower. If such fall zone area is less than that of a circle whose radius is equivalent to the height of the proposed tower, such certification shall provide structural calculations and detail sufficient to demonstrate the accuracy of such lesser fall zone area determination. Such certification shall be provided by an engineer licensed to practice in Michigan. 2. A bond is provided as required under Section 1819, Item J. of the City of Manistee Zoning Ordinance prior to the issuance of the Special Use Permit. 3. A copy of the lease between the property owner and operator is provided for the file. 4. An updated site plan is required in the event that any changes are made to the easement that provides access across the adjoining property to the site along with a copy of the easement for file. With a Roll Call vote this motion passed 7 to 0. Yes: McBride, Wittlieff, Dean, Fortier, Barry, Brown, Yoder No: None Page 7 of 12 City of Manistee Planning Commission List of Action – 2014 Date Item/Name Parcel Code/Address Request/Action 10/2/14 City of Manistee 51-260-703-09 Parcel Split – The City of Manistee is requesting to split Parcel #51-260-703-09 into PC-2014-09 four parcels. Parcel A & B would be buildable lots that meet the requirements of the R-1 Low Density Zoning District. Parcels C & D are part of the Monroe Street Right of Way. MOTION by Ray Fortier, seconded by Marlene McBride that the Planning Commission recommend the City Council to approve the Parcel Split Request from the City of Manistee that would split parcel #51-260-703-09 into four parcels as shown on Survey prepared by the Spicer Group, Job 120924SG2013 prepared on September 16, 2014. With a Roll Call vote this motion passed 7 to 0. Yes: Dean, Fortier, Barry, Brown, McBride, Wittlieff, Yoder No: None 10/2/14 Reschedule November Staff will be attending the Redevelopment Ready Communities Best Practice Training Series Meeting on Thursday, November 6, 2014 this conflicts with the November Planning Commission Meeting which will need to be rescheduled. MOTION by Mark Wittlieff, seconded by Judd Brown that the November Planning Commission Meeting be rescheduled to Thursday, November 13, 2014. With a Roll Call vote this motion passed 7 to 0. Yes: Wittlieff, Dean, Fortier, Barry, Brown, McBride, Yoder No: None 10/2/14 Schedule MOTION by Ray Fortier, seconded by Maureen Barry that the Planning Commission schedules their Meeting/Worksession meeting/worksession dates for 2015 as follows: MEETINGS 7:00 P.M. WORKSESSIONS 7:00 P.M. Dates 2015 January 8, 2015* January 22, 2015 February 5, 2015 February 19, 2015 March 5, 2015 March 19, 2015 April 9, 2015* April 16, 2015 May 7, 2015 May 21, 2015 June 4, 2015 No Worksession July 9, 2015* No Worksession August 6, 2015 No Worksession September 3, 2015 September 17, 2015 October 1, 2015 October 15, 2015 November 5, 2015 November 19, 2015 December 3, 2015 No Worksession *Changed due to holiday With a Roll Call vote this motion passed 7 to 0. Yes: Wittlieff, Dean, Fortier, Barry, Brown, McBride, Yoder No: None Page 8 of 12 City of Manistee Planning Commission List of Action – 2014 Date Item/Name Parcel Code/Address Request/Action 10/2/14 Zoning Review P-D Staff prepared a review of the Parcels in the PD Peninsula and the adjoining R-3 High Density Peninsula District Residential District. This was done to determine how many parcels met the dimensional standards of the Zoning District and how many non-conforming parcels there were. The uses of the parcels were compared to determine how many conformed to the district standards and how many were non-conforming. The Commission will review the table of uses, parking requirements, special uses vs permitted uses at their Worksession on October 16, 2014. 10/16/14 Zoning Review P-D The Commission went through the table of uses and discussed each use. Suggested changes Peninsula District and Items to further discuss included: Animal Grooming Consider adding as a Special Use Contractors Facilities Further Discussion Day Care, Group Consider adding as a Special Use Eating and Drinking Establishment Change to Use by Right Financial Institution Further Discussion Greenhouse & Nursery Consider adding as Special Use Shipping Facility Further Discussion The Commission also discussed parking requirements. 11/13/14 MN Partners, LLC 51-267-050-02 A request has been received from MN Partners, LLC for a Site Plan review for the PC-2014-10 construction of three buildings in the Lakeview Planning Area of Harbor Village. The proposal is to construct three buildings, five units on the portion of the area located on Fifth Avenue. MOTION by Mark Wittlieff, seconded by Judd Brown that the Planning Commission approve the Site Plan request from MN Partners, LLC for the construction of three buildings in the Lakeview Planning Area of Harbor Village as submitted on Site Plan #20140620, Dated 03 Nov. 2014 prepared by Integrated Architecture, with the condition that the Master Deed for the North Pier Condominium is amended to reflect the new site plan. With a Roll Call vote this motion passed 5 to 0. Yes: McBride, Wittlieff, Barry, Brown, Yoder No: None Page 9 of 12 City of Manistee Planning Commission List of Action – 2014 Date Item/Name Parcel Code/Address Request/Action 11/13/14 Zoning Review P-D The Commission continued their review of the P-D Peninsula District. Outstanding items Peninsula District include: What is the Commission’s vision for the Peninsula? Does the Peninsula Redevelopment Plan still apply? Should changes be made to the Dimensional Standards in the Peninsula? What changes should be made to the Uses in the Peninsula? Should there be changes to the Parking Requirements? There are two properties in the P-D Peninsula District that were designated by the Michigan Legislature as Renaissance Zones. The Renaissance Zone expires on December 31, 2014. The Report of Findings should include a recommendation for a Zoning Amendment that would delete Section 605 Peninsula District Renaissance Zone Standards. Staff prepared a Parcel Area Comparison Table of Commercial/Industrial District for your review. A table of Uses with the discussion from the October 16, 2014 Worksession noted and a copy of Section 514 Parking Standards for further discussion. The Commission will discuss the Purpose and Intent of the District to see if any changes should be considered. 11/20/14 Zoning Review P-D Began drafting Report of Findings Peninsula District Should Changes be made to Section 600 Purpose and Intent in the P-D Peninsula District? The Commission decided to wait until they finalized the uses in the district before determining if changes should be made to Section 600. Should changes be made to Section 601 Uses Permitted by Right? 1. ADD Contractors Facility 2. ADD Eating and Drinking Establishments – change from a Special Use 3. ADD Mixed Use – change from a Special Use Page 10 of 12 City of Manistee Planning Commission List of Action – 2014 Date Item/Name Parcel Code/Address Request/Action 11/20/14 Zoning Review P-D Should changes be made to Section 602 Uses Permitted by Special Land Use? Peninsula District 1. ADD Animal Grooming Cont. 2. ADD Day Care, Group 3. DELETE Eating and Drinking Establishment – Changing to a Use by Right 4. ADD Financial Institution 5. ADD Greenhouse & Nursery 6. DELETE Mixed Use – Changing to a Use by Right Should changes be made to Section 603 Uses Permitted by Special Land Use Permit, Requires Frontage on a Key Street Segment? DELETE Section 603 1. DELETE - Financial Institution – Changing to a Special Use 2. DELETE - Motel 3. DELETE - Places of Public Assembly, Large 4. DELETE - Theater Should Changes be made to Section 604 Dimensional Standards in the P-D Peninsula District? DELETE the standards for requiring larger parcel area and width for Duple, Commercial and Multi Unit Dwellings. Section 605 Peninsula District Renaissance Zone Standards - There are two properties in the P-D Peninsula District that were designated by the Michigan Legislature as Renaissance Zones. The Renaissance Zone expires on December 31, 2014. DELETE Section 605 Peninsula District Renaissance Zone Standards 12/4/14 Election of Officers Chair – Roger Yoder Vice-Chair – Ray Fortier Secretary – Marlene McBride 12/4/14 Appointment of Marlene McBride appointed Denise Blakeslee as Recording Secretary Recording Secretary Page 11 of 12 City of Manistee Planning Commission List of Action – 2014 Date Item/Name Parcel Code/Address Request/Action 12/4/14 Zoning Review PD The Commission continued their development of the Report of findings and staff will make Peninsula District changes to the parking recommendations to include: ADD new item that reads: For all permitted uses and special uses in the P-D District the parking provisions of this section shall not apply, except hotels, marinas, and places of public assembly. AMEND item H. by adding P-D as follows: H. Within the C-1, C-2, C-3 and P-D Districts, the Planning Commission may approve shared parking arrangements among various uses when it can be demonstrated that parking in sufficient quantities for all such uses as set forth in this Section shall be available at all times. The Commission discussed if a Shipping Facility should be allowed on the Peninsula. If allowed should it be a Use by Right or as a Special Land Use. Staff noted that we currently do not have Special Use Permit standards for a Shipping Facility, this language would need to be developed to include regulations the Commission would approve and would need to be reviewed by the City Attorney. The Commissioners were polled if a Shipping Facility should be allowed as a Use in the P-D District. Yes: Barry, Brown, Dean, McBride, Wittlieff No: Fortier, Yoder The Commissioners then were polled if it allowed should it be as a Use by Right or as a Special Land Use Use by Right - None Special Land Use - Wittlieff, McBride, Fortier, Dean, Brown, Barry Abstained - Yoder The Commission approved language to be included in the Report of Findings relating to Shipping Facilities that would read: Shipping Facility - The Planning Commission would consider allowing a Shipping Facility on the P- D as a Special Use if language could be developed that the Commission is comfortable with. Page 12 of 12