Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, September 1, 2016 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 1, 2016 agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the August 4, 2016 meeting minutes. V Public Hearing PC-2016-09 Rose Pomeroy Locke (259 Fifth Street and adjoining parcel to the west), Special Use Permit for Mixed Use (Greenhouse & Nursery, Retail Business, Easting & Drinking Establishment, and Community Garden) A request has been received from Rose Pomeroy Locke for a Special Use Permit for Mixed Use (Greenhouse & Nursery, Retail Business, Eating & Drinking Establishment, and Community Garden) at the property at 259 Fifth Street including the adjoining property to the west. 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-2016-09 Rose Pomeroy Locke, 259 Fifth Street and adjoining parcel to the west, Special Use Permit for Mixed Use (Greenhouse & Nursery, Retail Business, Easting & Drinking Establishment, and Community Garden) A Public Hearing was held earlier in response to a request from Rose Pomeroy Locke for a Special Use Permit for Mixed Use (Greenhouse & Nursery, Retail Business, Eating & Drinking Establishment and Community Garden) at the property at 259 Fifth Street including the adjoining property to the west. Page 1 of 2  At this time the Planning Commission could take action to approve/approve with conditions/deny the request from Rose Pomeroy Locke for a Special Use Permit for Mixed Use (Greenhouse & Nursery, Retail Business, Eating & Drinking Establishment and Community Garden) at the property at 259 Fifth Street including the adjoining property to the west. Schedule Meeting dates for 2017 The Planning Commission generally holds their regular business meetings on the first Thursday of each month in the Council Chambers, City Hall, 70 Maple Street, Manistee Michigan at 7:00 p.m. Review of the 2017 does not indicate any scheduling conflicts with holidays. At this time the Planning Commission could take action to schedule their meeting dates for 2017. VIII Old Business Redevelopment Sites The Members of the Planning Commission will discuss redevelopment sites for the annual joint meeting between City Council and the BRA, DDA, HDC, PC & ZBA. 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 Page 2 of 2 Memorandum Denise Blakeslee To: Planning Commissioners Planning & Zoning Administrator FROM: Denise Blakeslee 70 Maple Street Manistee, MI 49660 Planning & Zoning Administrator 231.398.2805 dblakeslee@manisteemi.gov DATE: August 23, 2016 www.manisteemi.gov RE: September 1, 2016 Meeting Commissioners, the next meeting of the Planning Commission will be on Thursday, September 1, 2016. We have the following items on the agenda: o PC-2016-09 Rose Pomeroy Locke (259 Fifth Street and adjoining parcel to the west), Special Use Permit for Mixed Use (Greenhouse & Nursery, Retail Business, Easting & Drinking Establishment, and Community Garden) - A request has been received from Rose Pomeroy Locke for a Special Use Permit for Mixed Use (Greenhouse & Nursery, Retail Business, Eating & Drinking Establishment, and Community Garden) at the property at 259 Fifth Street including the adjoining property to the west. o Schedule Meeting dates for 2017 - Review the 2107 calendar and set meeting dates for 2017. o Redevelopment Sites – continue discussion on redevelopment sites for the annual joint meeting between City Council and the BRA, DDA, HDC, PC & ZBA. 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 August 4, 2016 A meeting of the Manistee City Planning Commission was held on Thursday, August 4, 2016 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, Aaron Bennett, Ray Fortier, Mark Wittlieff, Roger Yoder Members Absent: Marlene McBride, Gabriel Walker, Others: Ron Stoneman (Superintendent Manistee Area Public Schools), James Smith (City Council), Glenn Zaring (321 Fifth Street), Rob Carson (County Planner), Denise Blakeslee (Planning & Zoning Administrator) and others APPROVAL OF AGENDA Motion by Ray Fortier, seconded by Aaron Bennett that the agenda be approved as prepared. With a Roll Call vote this motion passed 5 to 0. Yes: Barry, Bennett, Fortier, Wittlieff, Yoder No: None APPROVAL OF MINUTES Motion by Aaron Bennett, seconded by Ray Fortier that the minutes of the June 2, 2016 Planning Commission Meeting be approved with a correction on the spelling of Yoder under approval of Minutes. With a Roll Call vote this motion passed 5 to 0. Yes: Fortier, Barry, Bennett, Wittlieff, Yoder No: None PUBLIC HEARING Chair Yoder opened the Public Hearing at 7:03 pm City of Manistee Planning Commission Meeting Minutes of August 4, 2016 Page 1 Rob Carson, County Planner presented the Master Plan to the public in attendance. Denise Blakeslee, Planning and Zoning Administrator assisted with comments. The presentation included: Background  2013 work began on new Master Plan  November 2013 Visioning Session  2014 Online Survey  2015 Contacted with County Planning Department  October 2015 Final Public Input Session/Charrette  November 2015 Developed Goals and Tasks  April 2016 Planning Commission final review of Plan  May 5, 2016 Plan submitted to City Council for review/comments  May 17, 2016 Council approved distribution of plan  May 18, 2016 Plan released for 63 day review and comment period/noticed public hearing  July 7, 2016 Re-advertised public hearing in News Advocate  August 4, 2016 Public Hearing Previous Plans/Manistee County Plans Components of the Plan  Community Enrichment and Social Patterns  Natural Recreational and Cultural Features  Community Enrichment  Land Use  Central Business District  Waterfront  Transportation  City Services  Schools and Education  Guiding Ideas for Plan Development  Community Input Goals, Future Land Use and Implementation  Goals and Tasks  Action Plan  Future Land Use Plan (Categories) o Residential o Commercial o Industrial o Other Districts  US 31 Corridor  Wellhead Protection Overlay District  Zoning Plan o Relationship to the Master Plan o Opportunities/Rezoning o Form Based code Consideration o Existing Zoning  Residential Districts  Commercial Districts City of Manistee Planning Commission Meeting Minutes of August 4, 2016 Page 2   Mixed Use Districts  Industrial Districts  Overlay Districts o Comparative Analysis of Future Land Use and Existing Zoning Review and Comment Period (63 Days May 18 – July 19) – Input received from Kurt Schindler and Glenn Zaring resulting in additions/changes to the plan as follows: Kurt Schindler  Component needed to address the need to attract population growth to Manistee o Added Section 2.2.3 Population Growth in a new Economy  No mention or recognition of the Prosperity Regional Planning (Grand Vision for the 10 county NW Michigan). o Added Section 2.1.4 Regional Prosperity Initiative Glenn Zaring  Error on Page 39….reference to ‘Commercial’ being from Maple West on River o CORRECTED TO READ: The majority of the Central Business District contains what is considered “Downtown Manistee” and is located on River Street…  The DDA section is frustrating me as there are some excellent points/plans in there…most of which the DDA is ignoring. Anyone addressing this? o No changes made to the plan  2.10 on Schools. Narrative does not mention Casman Academy… o CHANGED TO READ: The City of Manistee is contained within the Manistee Area Public School District as displayed on map 2.15. Four of the five Manistee Area Public Schools are located in the City of Manistee. CASMAN Alternative Academy located in the City if the only public charter school in Manistee County and offers a rigorous curriculum and high teacher to student ratio…  A residential property that should have been labeled multi-family and wasn't. SE corner of 5th Street and Maple. o Corrected on Current Land Use Map  2.11.3.3 Up to this point no reference to the Little River Band of Ottawa Indians. o 2.3.4 Cultural and Historical Features - CHANGED TO READ: Manistee is rich in History, the Little River Band of Ottawa Indians historically settled the area along the Manistee River and south to the Muskegon River where they actively trapped, hunted and raised agricultural crops sustaining their people. The 1836 Treaty of Washington established a 70,000 acre reservation which extended from the shores of Lake Michigan from the southern end of the City of Manistee north to the Bar Lake Outlet and then east to the Pine River and what is now known as Tippy Dam Pond. The LRBOI are intricately linked to the region and the City of Manistee; more detailed information on the Tribal history, journey and current status as a large employer to the region can be found through the following link: https://lrboi-nsn.gov/ The Master Plan was updated with the comments from Mr. Schindler and Mr. Zaring. The list of changes and a copy of the updated plan were posted on the City Web Page on July 22, 2016, on the City Facebook Page, and copies were made available at the City Clerk’s office and Library. The changes were also noted in a newspaper article on July 26, 2017. City of Manistee Planning Commission Meeting Minutes of August 4, 2016 Page 3 The next steps are: o The Planning Commission adopts the plan with the recommend that City Council approve the plan. o The plan is sent to City Council for their final consideration. o City Council adopts the plan. Chair Yoder opened the hearing for public comments. Ron Stoneman, Superintendent Manistee Area Public Schools – asked that the Michigan Great Lakes Virtual Academy be added to the school section of the plan. James Smith, City Council – thanked the Planning Commission for their time and energy to develop the plan. He said it is a remarkable document. Glenn Zaring, 321 Fifth Street - Mr. Zaring was part of the 2006 Envision process and complemented the commission on a good workable guide for the community. Chair Yoder asked if any additional correspondence had been received in response to the request August 2, 2016 letter received from Dee Dee Miller, 3921 Lakeshore Drive (attached) Mr. Carson noted that the plan does address beautification and landscaping, maybe not with specific locations outside of identifying land use districts. The pieces are in place in the plan to implement beautification improvements within the City. He also spoke of the goals and tasks and how the commercial zoning standards can address part of the concerns expressed for development that requires new permits. A new US 31 Corridor Plan is being developed that will look at the entire US 31 Corridor. There were no more additional comments; the Public Hearing was closed at 7:30 pm. PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS Adoption of Master Plan A Public Hearing was held earlier by the Planning Commission on the proposed Master Plan. The commissioners received a copy of the public comment/input and revisions made to the plan in response to the comments prior to the meeting. Motion by Aaron Bennett, seconded by Maureen Barry that the Planning Commission adopt a resolution approving the proposed new City of Manistee Master Plan as submitted for and revised pursuant to the public hearing, including all of the text, charts/tables, maps and descriptive and other matter therein intended by the Planning Commission to form the complete Master Plan, including the City of Manistee Future Land Use Map, recommending final approval/adoption of same by the City Council with the inclusion of language for the Michigan Great Lake Virtual Academy added Section 2:10 Schools and Education of the plan. City of Manistee Planning Commission Meeting Minutes of August 4, 2016 Page 4 With a Roll Call vote this motion passed 5 to 0. Yes: Wittlieff, Fortier, Barry, Bennett, Yoder No: None OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS None CORRESPONDENCE None STAFF/SUB-COMMITTEE REPORTS Denise Blakeslee, Planning & Zoning Administrator – Staff has been working on a list of redevelopment sites for the Annual meeting with Council and Boards and Commission. Ms. Blakeslee reviewed the list and Commissioners were asked to review the list of properties, drafted vison statements and list additional properties they feel should be included in the list. They will bring this information back for the September meeting. The Commissioners were given a copy of the Policy and Procedure for the Sale of City Owned Property and were asked if the Planning Commission had any objections for the City to market and sell Lots 12 & 13 in the Industrial Park. The City has received interest in the property and has discussed the desire to market the property. MOTION by Mark Wittlieff, seconded by Maureen Barry that the City of Manistee Planning Commission approves the marketing and sale of Lots 12 & 13 in the Industrial Park. With a Roll Call vote this motion passed 5 to 0. Yes: Wittlieff, Fortier, Barry, Bennett, Yoder No: None They are offering Citizen Planner Training and the commissioners who have not previously taken the course were given information on the workshop. Ms. Blakeslee thanked the Commissioners for all of their work on the Master Plan. City of Manistee Planning Commission Meeting Minutes of August 4, 2016 Page 5 Sub-Committee The Site Plan Review Committee met on June 17, 2016 in response to the City of Manistee to install three public shade shelters at Fifth Avenue Beach. The Committee approved the request and a Land Use Permit was issued. Commissioners received a copy of the meeting minutes in their packets. The Site Plan Review Committee met on June 30, 2016 in response to a request from Robert & Laura Horvat, 224 Arthur Street to construct an accessory building. The Committee approved the request and a Land Use Permit was issued. Commissioners received a copy of the meeting minutes in their packets MEMBERS DISCUSSION Commissioners thanked Ms. Blakeslee for her work on the Master Plan. The next regular meeting of the Planning Commission will be held on Thursday, September 1, 2016 ADJOURNMENT Motion by Ray Fortier, seconded by Mark Wittlieff that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 7:55 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of August 4, 2016 Page 6 City of Manistee Planning Commission Meeting Minutes of August 4, 2016 Page 7 City of Manistee Planning Commission Meeting Minutes of August 4, 2016 Page 8 Memorandum Denise Blakeslee To: Planning Commissioners Planning & Zoning Administrator FROM: Denise Blakeslee 70 Maple Street Manistee, MI 49660 Planning & Zoning Administrator 231.398.2805 dblakeslee@manisteemi.gov DATE: August 26, 2016 www.manisteemi.gov RE: 259 Fifth Street Rose Pomeroy Locke Special Use Permit – Mixed Use Greenhouse, Retail, Eating and Drinking Establishment & Community Garden Commissioners, we have received a request for a Special Use Permit from Rose Pomeroy Locke for 259 Fifth Street the former Manistee Cottage Garden. Ms. Locke is looking to re-open the greenhouse/retail business use at the site. This will require a Special Use Permit since the use has been abandoned for several years. Future expansion could include Eating and Drinking Establishment and a Community Garden. The request has been noticed and a public hearing is scheduled for September 1, 2016. The request has been sent to the City Engineer, DPW Director and Director of Public Safety. Review for Zoning resulted in the recommendation to include two conditions if the Planning Commission were to approve the request. The conditions are as follows: 1. The Applicant shall request to combine both parcels 51-664-701-01 and 51-664-701-08 into one parcel. 2. The Applicant shall install a bike rack on the site. Review by the Fire Department has resulted in the recommendation of one additional condition as follows: 3. The existing driveway on the West edge of the property needs some tree trimming to make it passable. Upon completion of the tree trimming the driveway will satisfy the Fire Department’s needs, for the proposed use of occupying only the main retail building. In the future, if and when other buildings or structures are constructed or occupied on site, the driveway (may) need to be improved in compliance with IFC. A copy of the request is enclosed for your consideration.  Site Plan Review R-2 Medium Density Residential District Name of Applicant: Rose Pomeroy Locke Address/Parcel Code # 259 Fifth Street / 51-664-701-01 & 08 Proposed Use: Mixed Use Greenhouse, Retail, Eating and Drinking Establishment & Community Garden > = Greater than Requirements Proposed Compliance < = Less than PARCELS NEED TO BE COMBINED +/- = More or Less than TO MEET REQUIREMENTS Yes No Duplex or Commercial Minimum Lot Area 10,000 sq. ft. 1.43 acres +/- X Minimum Lot Width 80 ft. 80 ft / 33 ft X Maximum Building Height 2 ½ stories, or 35 ft. No changes/ existing structures X Maximum Lot Coverage 40% 25% X Front Yard Set Back 15 ft. 33 ft. X Side Yard Set Back: 10 (each side) Existing structures X Rear Yard Set Back: 10 ft. Existing structures X Parking Requirements 6 spaces 6 spaces (retail use) X Signage – subject to Article 21: Applicant agrees to comply X Landscaping Requirements – subject to Section 531: No changes X Outdoor Lighting Requirements – subject to Section 525: Existing X Applicant is re-establishing the use of Greenhouse/Retail as phase I. For retail and Green house, the applicant has met the requirements of the ordinance including six parking spaces. I have confirmed with Pat Bentley that one space is handicap/van accessible The addition of a Community Garden is considered an accessory use in the R-2 Zoning District, the restrictions for a storage building/greenhouse would not apply to this property since the primary use is Greenhouse/Retail. Once the Eating and Drinking Establishment is established additional parking will need to be provided as shown on the site plan. The addition of a new greenhouse on the rear of the building meets the requirements of the ordinance; height will be limited to 35 feet. The applicant proposes the relocation of a greenhouse on the plan. The relocation of the greenhouse meets the requirements of the ordinance. Staff is recommending that the following conditions be placed on the permit. o The parcels will need to be combined into one parcel. o A bike rack will need to be installed on the site. o The existing driveway on the West edge of the property needs some tree trimming to make it passable. Upon completion of the tree trimming the driveway will satisfy the Fire Departments needs, for the proposed use of occupying only the main retail building. In the future, if and when other buildings or structures are constructed or occupied on site, the driveway (may) need to be improved in compliance with IFC. Zoning Review by: Denise J. Blakeslee Compliance: Approval: Denial:  Attachment A City of Manistee Planning Commission Resolution to Approve a Special Use Permit, Case Number PC-2016-09 Rose Pomeroy Locke 259 Fifth Street and adjacent parcel to the west 51-664-701-01 & 51-664-701-08 At a regularly scheduled meeting of the City of Manistee Planning Commission held on September 1, 2016, the following resolution was adopted to approve a Special Use Permit for Rose Pomeroy Locke for Mixed Use consisting of Greenhouse & Nursery, Retail Business, Eating & Drinking Establishment, and Community Garden as submitted with site plan prepared by The Spicer Group Job Number: 123794SG2016 dated July 29, 2016 Planning Commissioner ___________ moved, supported by Planning Commissioner _______________, the adoption of the following resolution. WHEREAS, On August 8, 2016 a request was received from Rose Pomeroy Locke for Mixed Use consisting of Greenhouse & Nursery, Retail Business, Eating & Drinking Establishment, and Community Garden, and WHEREAS, a Mixed Use is provided for as a Special Use under the R-2 Medium Density Residential Zoning District, and WHEREAS, the Planning Commission has provided proper notice and held a public hearing on the proposed development on September 1, 2016, and WHEREAS, the Planning Commission has received written comment, reviewed the Site, and has completed review of the application, Site input of the Applicant and the input received at said public hearing. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: A. 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 1  facilities, and schools; or persons or agencies responsible for the establishment of the proposed use shall provide adequately for such services. 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 demonstrated 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 consolidated and maximized usable open space, wherever possible. 4. The applicant demonstrated 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 were provided collectively. 6. The proposed Mixed-Use Development was 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 is 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 the City of Manistee Zoning Ordinance. 2  10. Landscaping and Buffering shall be provided in accordance with Section 531 of the City of Manistee Zoning Ordinance. C. Findings of Fact – Section 1844 Greenhouse and Nursery of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. All storage of materials shall take place in an enclosed building, bin or other enclosure satisfactory to the Planning Commission to contain blowing dust and debris. 2. All exterior lighting shall be in accordance with Section 525 hereof. 3. Refuse and waste shall be disposed of in a manner which precludes any odors and fumes from being perceptible at any lot line; and any pesticides, fertilizers, or other chemicals shall be handled in a manner which precludes pollution of the environment and the City’s water resources. 4. A Greenhouse or Nursery shall front on and be accessed from a key street segment, as defined herein. Property has frontage on a Key Street Segment 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. 6. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 7. All off-street parking shall be in compliance with Section 514 of this Ordinance. 8. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance. D. Findings of Fact – Section 1877 Retail Business of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. All exterior lighting shall be in accordance with Section 525 hereof. 2. The Planning Commission shall determine whether the proposed retail special use will be essentially compatible with the character of the proposed site and the existing uses in the vicinity. The Planning Commission may require reasonable site improvements to assure the proposed special use is designed to fit into the framework of the existing neighborhood. 3. Site circulation patterns and access locations on the property shall provide for the safe and efficient movement of pedestrians and vehicles and within the R-2 and R-3 districts. 4. A retail business in the R-2 and R-3 districts shall front on and be accessed primarily from a key street segment, as defined herein. Property has frontage on a Key Street Segment. Property has frontage on a Key Street Segment 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. 6. The Planning Commission may establish architectural design standards for retail business uses located within the R-2 and R-3 to assure compatibility with the residential character of the vicinity. 7. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 8. The Planning Commission may establish hours of operation for retail uses consistent with the character of the neighborhood 9. All off-street parking shall be in compliance with Section 514 of this Ordinance. 3  10. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance; provided, the Planning Commission shall retain the right to require additional landscaping and buffering as necessary to preserve the neighborhood. E. Findings of Fact – Section 1835 Eating and Drinking Establishment of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. Such facilities shall maintain, at all times, all required state and local licenses and permits. 2. Such facilities shall be located and designed such that no objectionable noise in excess of 60 decibels shall be carried onto adjoining property zoned for, or occupied by, residential uses. 3. Such facilities shall be located and designed such that no objectionable odor or fumes shall be carried onto property located in the R-1, R-2 or R-3 districts. 4. Any dumpsters on site shall be enclosed on four (4) sides with an opaque fence equipped with a lockable gate, so that any refuse or dumpster shall not be visible from any building, dwelling, adjacent property, or street. The site plan shall include measures satisfactory to the Planning Commission to control blowing trash, dust or debris from the facility. 5. The Planning Commission may establish reasonable hours of operation for eating and drinking establishments. 6. Within the R-2 and R-3 districts, Eating and Drinking Establishments shall front on and be accessed primarily from a key street segment, as defined herein. Property has frontage on a Key Street Segment 7. All exterior lighting shall be in accordance with Section 525 hereof. 8. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 9. All parking shall be in compliance with the provisions of Section 514 of this Ordinance. 10. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance. F. Findings of Fact – Section 534 Community Gardens of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: A. Community Gardens shall be permitted in all Zoning Districts. 1. A Community Garden shall be considered an accessory use under Section 516 hereof if located on a parcel with an existing use. 2. A Community Garden shall be considered a principal use if located on a vacant parcel of land. N/A B. The following structures shall be permitted when utilized with a community garden and when otherwise in compliance with this ordinance. 1. One (1) Storage Building not larger than 100 square feet (permit required). N/A 2. One (1) Greenhouse not larger than 100 square feet and covered with glass, plastic or fiberglass in which plants are cultivated (permit required). N/A 3. Raised/accessible planting beds, compost or waste bins. 4. Fences that comply with Section 508. 5. One ground mount sign not to exceed four (4) square feet. N/A 4  C. Reclamation Standards. In the event the community garden is discontinued for a period of more than one year, all buildings and structures shall be removed and the site shall be restored with grass. BE IT FURTHER RESOLVED that the Special Use Permit for Mixed Use consisting of Greenhouse & Nursery, Retail Business, Eating & Drinking Establishment, and Community Garden shall comply with the following conditions: 1. The Applicant shall request to combine both parcels 51-664-701-01 and 51-664-701-08 into one parcel. 2. The Applicant shall install a bike rack on the site. 3. The existing driveway on the West edge of the property needs some tree trimming to make it passable. Upon completion of the tree trimming the driveway will satisfy the Fire Department’s needs, for the proposed use of occupying only the main retail building. In the future, if and when other buildings or structures are constructed or occupied on site, the driveway (may) need to be improved in compliance with IFC. CITY OF MANISTEE PLANNING COMMISSION: AYES: ABSTAINING: NAYS: ABSENT: MOTION: 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 September 1, 2016. __________________________________ Marlene McBride, Secretary 5  City of Manistee Planning Commission Resolution to Deny a Special Use Permit, Case Number PC-2016-09 Rose Pomeroy Locke 259 Fifth Street and adjacent parcel to the west 51-664-701-01 & 51-664-701-08 At a regularly scheduled meeting of the City of Manistee Planning Commission held on September 1, 2016, the following resolution was adopted to approve a Special Use Permit for Rose Pomeroy Locke for Mixed Use consisting of Greenhouse & Nursery, Retail Business, Eating & Drinking Establishment, and Community Garden as submitted with site plan prepared by The Spicer Group Job Number: 123794SG2016 dated July 29, 2016 Planning Commissioner ___________ moved, supported by Planning Commissioner _______________, the adoption of the following resolution. WHEREAS, On August 8, 2016 a request was received from Rose Pomeroy Locke for Mixed Use consisting of Greenhouse & Nursery, Retail Business, Eating & Drinking Establishment, and Community Garden, and WHEREAS, a Mixed Use is provided for as a Special Use under the R-2 Medium Density Residential Zoning District, and WHEREAS, the Planning Commission has provided proper notice and held a public hearing on the proposed development on September 1, 2016, and WHEREAS, the Planning Commission has received written comment, reviewed the Site, and has completed review of the application, Site input of the Applicant and the input received at said public hearing. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: A. 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 1  facilities, and schools; or persons or agencies responsible for the establishment of the proposed use shall provide adequately for such services. 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 demonstrated 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 consolidated and maximized usable open space, wherever possible. 4. The applicant demonstrated 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 were provided collectively. 6. The proposed Mixed-Use Development was 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 is 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 the City of Manistee Zoning Ordinance. 2  10. Landscaping and Buffering shall be provided in accordance with Section 531 of the City of Manistee Zoning Ordinance. C. Findings of Fact – Section 1844 Greenhouse and Nursery of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. All storage of materials shall take place in an enclosed building, bin or other enclosure satisfactory to the Planning Commission to contain blowing dust and debris. 2. All exterior lighting shall be in accordance with Section 525 hereof. 3. Refuse and waste shall be disposed of in a manner which precludes any odors and fumes from being perceptible at any lot line; and any pesticides, fertilizers, or other chemicals shall be handled in a manner which precludes pollution of the environment and the City’s water resources. 4. A Greenhouse or Nursery shall front on and be accessed from a key street segment, as defined herein. Property has frontage on a Key Street Segment 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. 6. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 7. All off-street parking shall be in compliance with Section 514 of this Ordinance. 8. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance. D. Findings of Fact – Section 1877 Retail Business of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. All exterior lighting shall be in accordance with Section 525 hereof. 2. The Planning Commission shall determine whether the proposed retail special use will be essentially compatible with the character of the proposed site and the existing uses in the vicinity. The Planning Commission may require reasonable site improvements to assure the proposed special use is designed to fit into the framework of the existing neighborhood. 3. Site circulation patterns and access locations on the property shall provide for the safe and efficient movement of pedestrians and vehicles and within the R-2 and R-3 districts. 4. A retail business in the R-2 and R-3 districts shall front on and be accessed primarily from a key street segment, as defined herein. Property has frontage on a Key Street Segment. Property has frontage on a Key Street Segment 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. 6. The Planning Commission may establish architectural design standards for retail business uses located within the R-2 and R-3 to assure compatibility with the residential character of the vicinity. 7. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 8. The Planning Commission may establish hours of operation for retail uses consistent with the character of the neighborhood 9. All off-street parking shall be in compliance with Section 514 of this Ordinance. 3  10. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance; provided, the Planning Commission shall retain the right to require additional landscaping and buffering as necessary to preserve the neighborhood. E. Findings of Fact – Section 1835 Eating and Drinking Establishment of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. Such facilities shall maintain, at all times, all required state and local licenses and permits. 2. Such facilities shall be located and designed such that no objectionable noise in excess of 60 decibels shall be carried onto adjoining property zoned for, or occupied by, residential uses. 3. Such facilities shall be located and designed such that no objectionable odor or fumes shall be carried onto property located in the R-1, R-2 or R-3 districts. 4. Any dumpsters on site shall be enclosed on four (4) sides with an opaque fence equipped with a lockable gate, so that any refuse or dumpster shall not be visible from any building, dwelling, adjacent property, or street. The site plan shall include measures satisfactory to the Planning Commission to control blowing trash, dust or debris from the facility. 5. The Planning Commission may establish reasonable hours of operation for eating and drinking establishments. 6. Within the R-2 and R-3 districts, Eating and Drinking Establishments shall front on and be accessed primarily from a key street segment, as defined herein. Property has frontage on a Key Street Segment 7. All exterior lighting shall be in accordance with Section 525 hereof. 8. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 9. All parking shall be in compliance with the provisions of Section 514 of this Ordinance. 10. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance. F. Findings of Fact – Section 534 Community Gardens of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: A. Community Gardens shall be permitted in all Zoning Districts. 1. A Community Garden shall be considered an accessory use under Section 516 hereof if located on a parcel with an existing use. 2. A Community Garden shall be considered a principal use if located on a vacant parcel of land. B. The following structures shall be permitted when utilized with a community garden and when otherwise in compliance with this ordinance. 1. One (1) Storage Building not larger than 100 square feet (permit required). 2. One (1) Greenhouse not larger than 100 square feet and covered with glass, plastic or fiberglass in which plants are cultivated (permit required). 3. Raised/accessible planting beds, compost or waste bins. 4. Fences that comply with Section 508. 5. One ground mount sign not to exceed four (4) square feet. 4 C. Reclamation Standards. In the event the community garden is discontinued for a period of more than one year, all buildings and structures shall be removed and the site shall be restored with grass. BE IT FURTHER RESOLVED, that the Special Use Permit for Special Use Permit for Mixed Use consisting of Greenhouse & Nursery, Retail Business, Eating & Drinking Establishment, and Community Garden is hereby denied for the reasons set forth in this resolution. . STATE REASONS CITY OF MANISTEE PLANNING COMMISSION: AYES: ABSTAINING: NAYS: ABSENT: MOTION: CARRIED NOT 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 September 1, 2016. __________________________________ Marlene McBride, Secretary 5 Memorandum Denise Blakeslee To: Planning Commissioners Planning & Zoning Administrator FROM: Denise Blakeslee 70 Maple Street Manistee, MI 49660 Planning & Zoning Administrator 231.398.2805 dblakeslee@manisteemi.gov DATE: August 23, 2016 www.manisteemi.gov RE: Proposed Meeting Dates 2017 Commissioners, the Planning Commission generally holds their regular business meetings on the first Thursday of each month in the Council Chambers, City Hall, 70 Maple Street, Manistee Michigan at 7:00 p.m. Review of the 2017 does not indicate any scheduling conflicts with holidays and we are proposing the following meeting dates for your consideration. January 5, 2017 February 2, 2017 March 2, 2017 April 6, 2017 May 4, 2017 June 1, 2017 July 6, 2017 August 3, 2017 September 7, 2017 October 5, 2017 November 2, 2017 December 7, 2017