Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, December 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 December 1, 2016 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the November 3, 2016 meeting Minutes. V Public Hearing VI Public Comment on Agenda Related items VII New Business Election of Officers 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. At this time the meeting will be turned over to Denise Blakeslee who will ask for nominations. Chair The Planning Commission will select a Chair for 2017. Vice-Chair The Planning Commission will select a Vice Chair for 2017. 1|P age  Secretary The Planning Commission will select a Secretary for 2017. Appointment of a Recording Secretary 2017 At this time the Planning Commission Secretary appointed for 2017 may appoint a Recording Secretary for 2017. Clear Zoning Audit – Zoning Amendments As part of the Redevelopment Ready Community Certification process a Zoning Audit was prepared by Clear Zoning. At this time the Planning Commission will review the Zoning Audit that was performed by Clear Zoning and begin discussion on recommended Zoning Amendments that are a result of the Audit. VIII Old Business IX Public Comments and Communications At this time the Chair will ask if there are any public comments. X Correspondence At this time the Chair will ask if any correspondence has been received to be read into the record. XI Staff/Sub-Committee Reports At this time the Chair will ask Staff for their report. At this time the Chair will ask if any of the Sub-Committees have anything to report. XII Members Discussion At this time the Chair will ask members of the Planning Commission if they have any items they want to discuss. XIII Adjournment 2|P age Memorandum Denise Blakeslee To: Planning Commissioners Planning & Zoning Administrator FROM: Denise Blakeslee, Planning & Zoning Administrator 70 Maple Street Manistee, MI 49660 231.398.2805 DATE: November 22, 2016 dblakeslee@manisteemi.gov www.manisteemi.gov RE: December 1, 2016 Meeting Commissioners, the next meeting of the Planning Commission will be on Thursday, December 1, 2016. We have the following items on the agenda:  Election of Officers  Appointment of a Recording Secretary  Clear Zoning Audit-Zoning Amendments 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 November 3, 2016 A meeting of the Manistee City Planning Commission was held on Thursday, November 3, 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, Ray Fortier, Marlene McBride, Mark Wittlieff, Roger Yoder Members Absent: Aaron Bennett (excused), Vacancy Others: John Soltes (1054 Oak Street), Denise Blakeslee (Planning & Zoning Administrator) and others APPROVAL OF AGENDA Motion by Ray Fortier, seconded by Mark Wittlieff that the agenda be approved as prepared. With a Roll Call vote this motion passed 5 to 0. Yes: Barry, Fortier, McBride, Wittlieff, Yoder No: None APPROVAL OF MINUTES Motion by Mark Wittlieff, seconded by Maureen Barry that the minutes of the October 6, 2016 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 5 to 0. Yes: Fortier, Barry, McBride, Wittlieff, Yoder No: None PUBLIC HEARING None City of Manistee Planning Commission Meeting Minutes of November 3, 2016 Page 1 PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS PC-2016-15, John & Jean Soltes, 1054/1050 Oak Street – Parcel Split and Combination request A request has been received from John & Jean Soltes, 1054 Oak Street for a Parcel Split and Combination request. Mr. & Mrs. Soltes owns parcel 51-355-708-25 (1054 Oak Street) and parcel 51-355-708-19 (1050 Oak Street). The requested split and combination will eliminate an encroachment by the home at 1054 Oak Street (A), retain access to Oak Street for the home at 1050 Oak Street (B) and create a new buildable lot (C). Commissioner Wittlieff disclosed to the commission that Mr. & Mrs. Solte’s are his wife’s aunt and uncle. Denise Blakeslee had asked the City Attorney and upon review of Section 3.12 Conflict of Interest, item 1.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. It does not meet the standards as a conflict of interest, but wanted it disclosed to the Commission. The Commissioners were asked if they had any objections to Commissioner Wittlieff participating in deliberating on the request. No objections were voiced and Commissioner Wittlieff remained seated and participated in deliberation on the request. MOITON by Ray Fortier, seconded by Mark Wittlieff that the Planning Commission recommend to City Council to approve request from John & Jean Soltes for a Parcel Split and Combination request as submitted with application PC-2016-15. With a Roll Call vote this motion passed 5 to 0. Yes: Wittlieff, Fortier, Barry, McBride, Yoder No: None OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS None CORRESPONDENCE None City of Manistee Planning Commission Meeting Minutes of November 3, 2016 Page 2 STAFF/SUB-COMMITTEE REPORTS Denise Blakeslee, Planning & Zoning Administrator – Received results from Clear Zoning who reviewed the Zoning Ordinance/Master Plan as part of the certification process for certification in the Redevelopment Ready Communities Program. Discussed amendments that will be made to the ordinance as a result of the review. Commissioners were reminded that the Annual Meeting with City Council will be on December 13th. MEMBERS DISCUSSION Commissioner McBride asked about the progress on the retaining wall and Short Street still being closed. Chair Yoder Spoke of the wall that was supposed to be fixed at the Flower Shop and noted that Election of Officers will be held in December and that he will not be running for Chair. The next regular meeting of the Planning Commission will be held on Thursday, December 1, 2016 ADJOURNMENT Motion by Ray Fortier, seconded by Marlene McBride that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 7:19 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of November 3, 2016 Page 3 Memorandum Denise Blakeslee To: Planning Commissioners Planning & Zoning Administrator FROM: Denise Blakeslee, Planning & Zoning Administrator 70 Maple Street Manistee, MI 49660 231.398.2805 DATE: November 22, 2016 dblakeslee@manisteemi.gov www.manisteemi.gov RE: Zoning Audit Commissioners, for several weeks I have begun working on addressing the list of items in the Clear Zoning Audit. Some of the items did not require a zoning amendment (posting on the web page, adding a link to the document, correction of clerical errors) or they did not know where the item was in our ordinance. Those items are shown in purple on the review document and they are as follows:  Provide one complete PDF of the entire ordinance for download by users. – provided  Illustrations are provided for many provisions, but many of these are small. For instance, the sign type illustration (s-1) is not very legible. – increased size on web page  Enlarge graphics for improved legibility. – increased size on web page  The PDF version on the City website includes some links, including links to articles in the table of contents. Each article is a separate document, so downloading the entire ordinance is time-consuming. Referring to multiple sections of the ordinance can be cumbersome as the user switches between applications and browser tabs. – provided one document  The schedule of regulations on the website has the file name “East Bay Township Zoning Ordinance,” though it clearly is part of the Manistee zoning ordinance - corrected  In C-3, consider limiting professional offices that do not draw foot traffic to upper floors or the rear portion of ground floors. - DDA WAS NOT SUPPORTIVE  Make the provision for the maximum time limit consistent between (B.5 and C). – Already states shall not exceed six (6) months.  In C-3, consider limiting professional offices that do not draw foot traffic and residential uses to upper floors or the rear (non street facing) portion of ground floors, at least on property that fronts on River Street. – DDA NOT SUPPORTIVE  Clarify that multiple family dwellings are permitted by removing the term “dwelling, upper story accessory” and replacing it with “dwelling, multiple family” or “dwelling, upper story” as a permitted use; retain the standard that dwellings are not permitted on the ground floor. - Not all properties in C-3 are in the downtown – that is why there are two uses listed, not all buildings can support 3 units which is “multiple family”  Building placement standards should be updated. Consider minimum building frontage requirement so that a 20’ wide building can’t be constructed on a 100’ wide lot. - This would prohibit a narrow building with a parking lot adjacent.  Sales of vehicles, including automobiles and boats, are not permitted in any district. – Out door sales facility – SLU* in C-1 & C-2 zoning districts  Consider setting a maximum parking standard to avoid excessive parking areas. – See 514.A (last sentence)  Light Fixtures - Illustration communicates the idea, but should be larger. – Increase size on Web Page  Accessory WECS permitted under 515.G. Check terminology in the G-I district, which is the only district that uses the term windmill in its use list. – corrected/typo  Remove the Appeals section (Sec. 2209) or provide a cross reference to the ZBA procedures outlined in Article – Provided Link on web page  Revise Section 2801 for conformance with the codification numbering provided throughout.- Formatting error/corrected I have begun drafting zoning amendment language for the items shown in red on the review document and they are included in your packets and area as follows:  There are some items where the schedule of regulations conflicts with the District Regulations lists within each districts (e.g. min floor area in P-D district).  Refine the definition for adult-oriented uses to provide more specific language.  Sign definitions (and provisions of the sign regulations) will need to be updated to eliminate content-based regulation, in accordance with 2015’s Supreme Court decision in Reed v Gilbert.  Update state-licensed residential care facilities to remove the term “senior citizens”  The “Building envelope” definition is not correct: the building envelope is the area bounded by the setback lines. The definition currently says that it is the area within the required front, rear, and side yards, which is the opposite of the actual definition. The building envelope can’t be within a required yard.  Rather than defining both “administrator” and “zoning administrator,” use one term consistently.  Define “fuel pumps” – this appears as a use in addition to “gasoline stations” – Consolidated Convenience Store with fuel pumps into Gasoline Stations  Maintain consistency with format (singular/plural)  Adult foster care small & large group homes not included in any district, though they are defined.  Child day care is permitted in a few districts.  The Michigan Zoning Enabling Act specifically addresses these uses and the Zoning Ordinance should include them.  Consider developing standards for solar installations and other forms of “alternative energy”  Consolidate the standards for “convenience store with fuel pumps” and “gasoline stations”  Clarify the intent of the LI district; make it clear that non- industrial uses are intended to be limited and complementary to the primary industrial uses of the industrial district.  Consider establishing minimum stacking requirements by use.  Consider empowering the PC to permit deferral of unnecessary required parking by identifying a parking area on the site plan, but allowing it to be built as the need arises.  Develop standards for EV parking.  Provide a standard for bicycle parking that addresses placement and design.  WECS is permitted as a principal use with SLU approval in the R-3 district, subject to Section 1892. This district has very small lot sizes. Why is this the one R district where a principal WECS is permitted?  Add standards for solar and other alternative sources of energy.  Update sign standards to ensure content-neutrality.  Add a clause providing flexibility to portions of buildings to exceed height limits for the district if they are determined to constitute a feature that does not raise the overall height of the building (i.e., a steeple, penthouse, smokestack). Section 509 offers one possible location for such a provision. Formatting of the Ordinance – Clear Zoning uses a different template when they prepare ordinances, several of the comments are relating to the format/layout of the ordinance. There is not enough staff time to reformat the ordinance and it currently works well and is easy to read. Refining definitions/sections of the ordinance – I have prepared amendments for most of the items they listed. I asked for examples during a conference call in November and as of today have not received any examples from Clear Zoning for the outstanding items. Adaptive Reuse - The review included several references relating to our Adaptive Re-use language. This was developed by our Planner of Record and has worked for us in the past and I do not see a need to change the language at this time. Mixed Use – we need to discuss/determine where Mixed Use should be permitted as a use by right. US 31 Corridor Standards – the County is working on updating the US 31 Corridor Plan for the entire county, recommend waiting for the update before making any amendments Wellhead Protection – The current language in place works, their request is more of a formatting issue than a flaw in the ordinance. Clearzoning® health checkup for the City of Manistee The first step towards a clear and updated Zoning Ordinance This is intended as a brief overview to highlight what’s working and what needs work in the City’s Zoning Ordinance. FORMAT Goal/Objective Discussion Recommendations Logical organization  The order of Articles is challenging to follow. For example,  Provide one complete PDF of the entire ordinance Zoning Ordinances should group the Districts/Dimensional Standards/Uses Table is for download by users. similar/compatible content together separated from the districts themselves by  Group similar types of regulations and standards together. and present information in an order Nonconformities and General Provisions; the overlay  Organize the ordinance in a way that follows how the reader that makes sense to the reader. district is separated from the other districts by Article 18; might use it (e.g., basic information first, followed by more sign provisions are a site standard similar to items in the detailed site standards, then review procedures). General Provisions, but are separated from them.  Provide list of uses and dimensional standards once in each Nonconformities should be grouped with other district to avoid potential conflicts. administrative provisions.  General Provisions includes an assortment of development process items and site standards. For instance, “conditions of approval” should be grouped with other development process items.  Lists of permitted uses are presented in a use matrix at the beginning of the ordinance, and are also repeated in each district; this opens the possibility for conflicts.  Districts are the only articles to have title pages. Easy to understand language  The ordinance is written primarily in fairly plain language  Enlarge graphics for improved legibility. Use language that is clear and and defines many terms.  Ensure standards are in alignment between schedule of familiar to the reader. Include  Illustrations are provided for many provisions, but many regulations and district standards. graphics and illustrations as often as of these are small. For instance, the sign type illustration possible to convey complicated (s-1) is not very legible. terms and standards.  Not all districts illustrate dimensional standards, though the grouping of standards into simple lists does make them clear.  Ordinance consistently uses A.1.a.1) codification structure.  There are some items where the schedule of regulations conflicts with the District Regulations lists within each districts (e.g. min floor area in P-D district). City of Manistee Zoning Ordinance Health Check Up | September 2016 1 Easy to navigate  The PDF version on the City website includes some links,  See above comment on providing one complete PDF. including links to articles in the table of contents. Each article is a separate document, so downloading the entire ordinance is time-consuming. Referring to multiple sections of the ordinance can be cumbersome as the user switches between applications and browser tabs.  The schedule of regulations on the website has the file name “East Bay Township Zoning Ordinance,” though it clearly is part of the Manistee zoning ordinance.  Use matrix is useful. However, language stating that it does not constitute controlling language should be Alignment with Master Plan stronger. Zoning map appears largely to match future land use map. DEFINITIONS Goal/Objective Discussion Recommendations Are the definitions complete?  The definitions section is very thorough. Some common  Consider adding the following terms: Ensure that all terms that may be dictionary terms are unnecessary to define, such as o Home for the aged unclear, especially those that relate “required spatial relationships,” “tattoo,” “boat,” o Hospice to uses, are defined. “intersection,” and “access.” Terms such as “required  Refine the definition for adult-oriented uses spatial relationships” also have clear meanings without to provide more specific language. being defined.  Remove terms in the ordinance that are not used (such as “condemnation”).  Further define property lines: “side,” “front,” “rear.” Are the definitions current?  Sign definitions (and provisions of the sign  Update definitions related to wireless Words age and fall in and out of use; regulations) will need to be updated to eliminate communications facilities ensure terms are up to date and content-based regulation, in accordance with 2015’s  Update state-licensed residential care facilities to remove comply with state and federal laws. Supreme Court decision in Reed v Gilbert. the term “senior citizens”  See comments on signs below. City of Manistee Zoning Ordinance Health Check Up | September 2016 2 DEFINITIONS Goal/Objective Discussion Recommendations Are the definitions clear?  This ordinance defines “Adaptive reuse” in a way that  Remove “adaptive reuse” as a use and provide for the re-use Ensure definitions are presented in makes it very specific to re-occupancy by uses not of historic structures under the non-conformities section. an easy-to-understand fashion; use otherwise permitted in the district; the focus should be Ensure that the standards encourage planning goals of the graphics as often as possible to on permitting the structure, which is likely non- city. improve understanding. conforming.  Refine definitions for buffer area and building envelope  It appears that a “Buffer area” can be placed within a  Define “fuel pumps” – this appears as a use in addition setback and is not actually in addition to a setback. to “gasoline stations” – Consolidated Convenience Store  The “Building envelope” definition is not correct: the with fuel pumps into Gasoline Stations building envelope is the area bounded by the setback  Refine definitions for home-based businesses and home lines. The definition currently says that it is the area occupations within the required front, rear, and side yards, which  Maintain consistency with format (singular/plural) is the opposite of the actual definition. The building envelope can’t be within a required yard.  Rather than defining both “administrator” and “zoning administrator,” use one term consistently.  The distinction between “Home-based Business” and “Home Occupation” is not clear enough to warrant treating them as separate uses. Functionally, “Home- based business” is a third level of home occupation and typically has the same approval process as “home occupation, major.”  Some terms are defined in the plural, others in the singular. RESIDENTIAL DISTRICTS - G-C, R-1, R-2, R-3, R-4 Goal/Objective/Consideration Discussion Recommendations Review Intent sections Intent statements are clear and logical. Home occupations These standards are confusing, particularly with the  Refine the standards for home occupations; consider definition that suggests both uses are the same. removing the need for a permit for minor home occupations – this is likely too difficult to enforce.  Provide standards for home based businesses – the ordinance provides standards for the site plan, but there are no standards for approval. (Section 1846) Agriculture Community gardens are permitted. Agriculture/farms are not permitted anywhere. City of Manistee Zoning Ordinance Health Check Up | September 2016 3 RESIDENTIAL DISTRICTS - G-C, R-1, R-2, R-3, R-4 Goal/Objective/Consideration Discussion Recommendations Residential care facilities, such as  Adult foster care small & large group homes not  The Michigan Zoning Enabling Act specifically addresses family day care and adult foster care included in any district, though they are defined. these uses and the Zoning Ordinance should include them.  Child day care is permitted in a few districts. Cluster Permitted in G-C, R-1, R-2, R-3, P-D, W-F  Consider additional standards for cluster in terms of preservation of open space. Renewable energy No provisions for solar; accessory wind is permitted.  Consider developing standards for solar installations and other forms of “alternative energy” Manufactured housing Provided for in R-4 Where is the R4 district on the zoning map? Other  Mixed-use permitted in all residential districts.  Wellhead protection provisions in R-1, R-2 could probably be  In general, the ordinance provides for a mix of housing removed from districts and established as a single provision types. with sub-paragraphs addressing unique aspects of the two  Accessory dwellings are permitted with special approval districts. by the Planning Commission  Open space preservation provisions could be pulled out of the parcel divisions section for clarity COMMERCIAL-BUSINESS DISTRICTS - C-1, C-2, C-3 Goal/Objective/Consideration Discussion Recommendations Review Intent Intent statements are clear and logical. Review permitted, conditional, and Due to the way they’re defined, the use lists are concise special land uses and consistent in their terminology. Adult (Sexually Oriented) uses Permitted as an SLU in C-1. Mixed uses Permitted in all commercial-business districts. P-D and W-F See comments on the Mixed Use districts below. districts are primarily intended as mixed use districts. “Mixed use developments” are not uses, but rather development forms. Office uses Professional office uses are permitted in these districts.  In C-3, consider limiting professional offices that do not draw foot traffic to upper floors or the rear portion of ground floors. - DDA WAS NOT SUPPORTIVE Temporary uses Section 522 regulates temporary activities but does not  Make the provision for the maximum time limit specify districts. consistent between (B.5 and C). . –Already states shall not exceed six (6) months. City of Manistee Zoning Ordinance Health Check Up | September 2016 4 COMMERCIAL-BUSINESS DISTRICTS - C-1, C-2, C-3 Goal/Objective/Consideration Discussion Recommendations Downtown Business District Ground floor uses should help to generate foot traffic in the  In C-3, consider limiting professional offices that do not draw downtown area. foot traffic and residential uses to upper floors or the rear (non street facing) portion of ground floors, at least on property that fronts on River Street. – DDA NOT SUPPORTIVE – Not all properties in C-3 are in the downtown – that is  Clarify that multiple family dwellings are permitted by why there are two uses listed, not all buildings can support removing the term “dwelling, upper story accessory” and 3 units which is “multiple family” replacing it with “dwelling, multiple family” or “dwelling, upper story” as a permitted use; retain the standard that – This would prohibit a narrow building with a parking lot dwellings are not permitted on the ground floor. adjacent.  Building placement standards should be updated. Consider minimum building frontage requirement so that a 20’ wide building can’t be constructed on a 100’ wide lot. General  Sales of vehicles, including automobiles and boats, are not permitted in any district. – Out door sales facility – SLU* in C-1 & C-2 zoning districts  Consolidate the standards for “convenience store with fuel pumps” and “gasoline stations” MIXED-USE/SPECIALIZED DISTRICTS – P-D, W-F Goal/Objective/Consideration Discussion Recommendations Review Intent Intent statements are clear and logical. Review permitted, conditional, and Each of these districts is intended to provide a mix of uses.  The stated intent of the WF district is to “establish a mixed- special land uses The P-D is more of a district, while the W-F applies to use district…”; such development should be permitted by several areas with similar physical characteristics. right.  The standards in Section 1858 are vague and could be improved; Consider developing design standards to govern look and feel of these districts and their relationship to the public realm, including water. The P-D and W-F districts are good candidates for a form-based code. City of Manistee Zoning Ordinance Health Check Up | September 2016 5 INDUSTRIAL DISTRICTS – L-I, G-I Goal/Objective/Consideration Discussion Recommendations Review Intent The L-I district intent statement implies that it is supposed  Clarify the intent of the LI district; make it clear that non- to serve as a transition from the G-I district, but the district industrial uses are intended to be limited and is placed in a different area of the City from the G-I district complementary to the primary industrial uses of the (the intent statement also refers to the Industrial District industrial district. rather than the General Industrial district). Review permitted, conditional, and G-I permits heavier uses than L-I. The list of permitted uses Consider whether the mining of sand and gravel meets the special land uses in both districts includes many non-industrial uses. intent of the LI district, which is to “allow industries which traditionally do not cause excessive noise, vibration, odors, visual blight, pollution...” SITE STANDARDS Goal/Objective/Consideration Discussion Recommendation Parking General Requirements  Required # of spaces table is compact but provides for Refine general requirements for parking uses not included.  Parking space and maneuvering lane standards; some of the numbers do not add up. Maximum parking Maximums are not set.  Consider setting a maximum parking standard to avoid excessive parking areas. –See 514.A (last sentence) Shared The ordinance provides for shared parking. Drive-through stacking Applicant “shall demonstrate” to the PC that stacking is  Consider establishing minimum stacking requirements by adequate. use. Mass transit Not applicable. Alternative paving Pervious paving permitted. Cross access No general provision; US 31 Corridor overlay standards are Consider applying the US 31 overlay standards more broadly strong in this regard. throughout the community Land banking There is no provision for deferral of unnecessary parking.  Consider empowering the PC to permit deferral of unnecessary required parking by identifying a parking area on the site plan, but allowing it to be built as the need arises. Electric vehicle charging No standards  Develop standards for EV parking. Bicycle parking Required for uses requiring Medium and Detailed Site Plan  Provide a standard for bicycle parking that addresses Review. placement and design. City of Manistee Zoning Ordinance Health Check Up | September 2016 6 SITE STANDARDS Goal/Objective/Consideration Discussion Recommendations Landscaping Screening  There is no baseline standard for screening, other than a Refine standards for landscape and other screening. provision giving the PC authority to require screening.  Additionally, the ordinance has standards for fencing, but not for screen walls. Native species This is not addressed. Interior parking lot landscaping The ordinance requires landscaping island in parking lots required over a certain size. However, there are no standards for what must be planted in these islands. Specific standards regarding plantings, such as a requirement Diversity of species This is not addressed. for trees, spacing requirements, height requirements or limits Low maintenance, low water This is not addressed. for hedges, species suggestions, diversity or native species Irrigation Irrigation is required for landscaped areas. would strengthen existing requirements. Consider developing Street trees No requirement. more specific minimum standards for what must be included in Buffering Requirement is vague. a screening greenbelt or buffer area. Green roofs This is not addressed. Vegetable/produce gardens Community gardens are permitted in all districts, subject to Section 534. Lighting Cut off fixtures Required  Illustration communicates the idea, but should be larger. Glare Regulated  Uniformity ratios for paved areas help ensure pedestrian Lighting ratio There is no required uniformity ratio. safety and prevent sites from being unevenly lighted. Wireless Communications Facilities Wireless communication facilities Regulated in Section 1819. Co-location is approved  Update standards for wireless communication facilities per administratively; provision does not address fed/state time recent state and federal legislation. limits on responses. Landscaping/screening provision should indicate conditions likely require screening. City of Manistee Zoning Ordinance Health Check Up | September 2016 7 SITE STANDARDS Goal/Objective/Consideration Discussion Recommendations Stormwater management Runoff restrictions  Ordinance includes provisions for vegetated roofs, Minimize impervious surfaces cisterns, rain gardens, and swales, as well as the use of Role of wetlands pervious paving. Rain gardens/Low impact  Driveways require impervious paving. development  Pervious paving is permitted in parking lots. Gray water  Ordinance requires additional setbacks from water bodies in its water protection provision.  Groundwater protection provision (520) and Wellhead Protection Overlay also address stormwater. Waste management Dumpsters and screening Dumpster enclosures are required for many uses per the  Consolidate the requirements for dumpster enclosures conditions outlined in Article 18 and provide a set of uniform minimum dumpster Recycling Groundwater protection standards require plans to note enclosure standards to improve health and aesthetics. location of recycling facilities. Divert demolition and construction Site plan review provision requires a plan for removal of materials from landfills demolition materials, but does not require diversion from landfills. Renewable Energy Wind  Accessory WECS permitted under 515.G. Check  Consider refining standards for WECS. terminology in the G-I district, which is the only  Add standards for solar and other alternative sources district that uses the term windmill in its use list. of energy.  WECS is permitted as a principal use with SLU approval in the R-3 district, subject to Section 1892. This district has very small lot sizes. Why is this the one R district where a principal WECS is permitted? Solar No provisions for solar energy. City of Manistee Zoning Ordinance Health Check Up | September 2016 8 SITE STANDARDS Goal/Objective/Consideration Discussion Recommendations Access Management Connectivity US 31 Corridor overlay strictly limits access points and  The US 31 Corridor standards are strong, and some version of provides guidance for shared driveways, service drives, and these could be applied elsewhere in the City. access management.  Consider requiring or providing incentives for cross-access Driveways Driveway standards require alignment or minimum offsets, easements in appropriate areas to provide connections as well as separation from intersections and other between parking lots of adjacent sites. driveways on the same side of the street Easements Easements are encourage for waterside pathways, but not addressed for access management or driveway connectivity. Sight distances Clear visibility standards are strong. Natural Features Wetlands Wetlands are addressed in several places, including Consider establishing a wetland setback to prevent groundwater protection development from encroaching on regulated wetlands Woodlands The ordinance does not include provisions for tree or woodland protection or replacement of large trees removed in the course of development. Signs Compliance with current  Update sign standards to ensure content-neutrality. legislation and case law City of Manistee Zoning Ordinance Health Check Up | September 2016 9 DEVELOPMENT READY Goal/Objective/Consideration Discussion Recommendations Site plan review Clear provisions for site plan requirements are included.  Refine the site plan requirements for basic, medium, and Standards for site plan review detailed to provide the additional requirements beyond the should be clear and create an previous type of plan (e.g., “Medium site plans require the efficient and logical process. above information, plus…”)  Provide clear standards for when an Environmental Assessment is required.  Remove the Appeals section (Sec. 2209) or provide a cross reference to the ZBA procedures outlined in Article Special land uses  Special land uses are consistently linked to defined terms,  25. Section 532 Key Street Segments permits SLUs not otherwise Standards for special land uses and all SLUs have associated standards. allowed in the district on well-defined street segments. This is should be clear and as objective as  Definitions are repeated at the beginning of each special similar to a regulating plan and could provide a partial basis for possible. land use provision. future development of form-based codes.  Adaptive reuse should only apply to structures, not uses.  Mixed-Use Development is not a use. All references in all Regulating through the SLU process is confusing. districts to mixed use development should be modified to  Planned Unit Development is defined as a special land specify that only permitted uses in the district may be use. PUD’s are typically regulated as their own “districts,” included. rather than uses.  Refine PUD standards to make standards and requirements  Section 530 provides flexibility to permit unclassified uses. more clear.  Section 1885 Theaters should be consistent with Section  Remove Section 1807 and regulate “adaptive reuse” as 1868, Places of Assembly nonconforming structures or as a PUD, where flexibility in the application of standards can encourage rehabilitation.  Remove definitions from standards for clarity and consistency. Non-conformities Non-conformities are addressed in a way that facilitates Update non-conformities section. reasonable redevelopment and re-occupancy, but could be more clear in terms of definition and standards for modifications. Board of Appeals Article 25 is compliant with the MZEA Clarify provisions for administrative appeals. Exceptions The zoning ordinance does not appear to include a provision  Add a clause providing flexibility to portions of buildings to granting exceptions to district regulations, such as an exceed height limits for the district if they are determined exception to the height limit for a steeple or smokestack. to constitute a feature that does not raise the overall height of the building (i.e., a steeple, penthouse, smokestack). Section 509 offers one possible location for such a provision. Administration  Revise Section 2801 for conformance with the codification numbering provided throughout. City of Manistee Zoning Ordinance Health Check Up | September 2016 10