Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, February 2, 2017 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 February 2, 2017 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the January 5, 2017 meeting Minutes. V Public Hearing PC-2017-01 – Joe Hayes, vacant property NE corner of Cypress and Twelfth Street (behind Goodwill) - Special Use Permit for Mini/Self Storage Facility. A request has been received from Joe Hayes to construct a Mini/Self Storage Facility on the vacant property on the NE corner of Cypress and Twelfth Street (behind Goodwill). 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 PC-2017-02 –Chemical Bank (Owner) / Paul Swidorski (Operator) - vacant property NE corner of Cypress and Twelfth Street (behind Goodwill) - Renewal request for Special Use Permit for Mine, Sand, and Gravel In 2011 the Planning Commission issued a Special Use Permit to Paul Swidorski (operator) for Mine, Sand and Gravel. The Special Use Permits for Mine, Sand and Gravel expire after five years. Mr. Swidorski is requesting to renew his Special Use Permit for Mine, Sand and Gravel. 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 Page 1 of 2  The hearing will be opened for public comments The hearing will be closed VI Public Comment on Agenda Related items VII New Business PC-2017-01 – Joe Hayes, vacant property NE corner of Cypress and Twelfth Street (behind Goodwill).At this time the Chair shall open the hearing - Special Use Permit for Mini/Self Storage Facility. At this time the Planning Commission could take action to approve/approve with conditions/deny the request from Joe Hayes to construct a Mini/Self Storage Facility on the vacant property on the NE corner of Cypress and Twelfth Street (behind Goodwill). PC-2017-02 –Chemical Bank (Owner) / Paul Swidorski (Operator) - vacant property NE corner of Cypress and Twelfth Street (behind Goodwill).At this time the Chair shall open the hearing - Renewal request for Special Use Permit for Mine, Sand, and Gravel At this time the Planning Commission could take action to approve/approve with conditions/deny the request from Paul Swidorski (operator) to renew his Special Use Permit for Mine, Sand and Gravel. VIII Old 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. 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 Reports At this time the Chair will ask Staff for their 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 Planning & Zoning To: Planning Commissioners Administrator 70 Maple Street FROM: Denise Blakeslee, Planning & Zoning Administrator Manistee, MI 49660 231.398.2805 DATE: January 25, 2017 dblakeslee@manisteemi.gov www.manisteemi.gov RE: February 2, 2017 Meeting Commissioners, the next meeting of the Planning Commission will be on Thursday, February 2, 2017. We have the following items on the agenda: PC-2017-01 – Joe Hayes, vacant property NE corner of Cypress and Twelfth Street (behind Goodwill) - Special Use Permit for Mini/Self Storage Facility. A request has been received from Joe Hayes to construct a Mini/Self Storage Facility on the vacant property on the NE corner of Cypress and Twelfth Street (Behind Goodwill). PC-2017-02 –Chemical Bank (Owner) / Paul Swidorski (Operator) - vacant property NE corner of Cypress and Twelfth Street (behind Goodwill) - Renewal request for Special Use Permit for Mine, Sand, and Gravel. In 2011 the Planning Commission issued a Special Use Permit to Paul Swidorski (operator) for Mine, Sand and Gravel. The Special Use Permits for Mine, Sand and Gravel expire after five years. Mr. Swidorski is requesting to renew his Special Use Permit for Mine, Sand and Gravel. 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. 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 January 5, 2017 A meeting of the Manistee City Planning Commission was held on Thursday, January 5, 2017 at 7pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 7:00 pm by Vice Chair Barry ROLL CALL Members Present: Maureen Barry, Aaron Bennett, Marlene McBride, Bob Slawinski, Roger Yoder Members Absent: Ray Fortier, Mark Wittlieff (excused) Others: Denise Blakeslee (Planning & Zoning Administrator) and others Commissioners welcomed new member Bob Slawinski to the Planning Commission. APPROVAL OF AGENDA Motion by Marlene McBride, seconded by Aaron Bennett that the agenda be approved as prepared. With a Roll Call vote this motion passed 5 to 0. Yes: Bennett, Slawinski, Yoder McBride, Barry No: None APPROVAL OF MINUTES Motion by Aaron Bennett, seconded by Marlene McBride that the minutes of the December 1, 2016 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 5 to 0. Yes: Yoder, Bennett, Slawinski, McBride, Barry No: None PUBLIC HEARING None City of Manistee Planning Commission Meeting Minutes of January 5, 2017 Page 1 PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS Sub-Committee Appointments Chair Wittlieff was unable to attend the meeting, Sub-Committee appointments will be moved to the February meeting. By Law Review According to the By-Laws of the City of Manistee Planning Commission the commission shall annually review their By-Laws at the regularly scheduled meeting in January. No Changes were made to the By-Laws. Clear Zoning Audit – Zoning Amendments As part of the Redevelopment Ready Community Certification process a Zoning Audit was prepared by Clear Zoning. Staff reviewed a variety of proposed amendments with the Commission which were sent to the City Attorney for review/input. There was discussion by the Commissioners and staff. The amendment to the Sign ordinance should be ready by the February meeting. OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS None CORRESPONDENCE None STAFF REPORTS Denise Blakeslee, Planning & Zoning Administrator – Updated the Commissioners on the RRC Program and presentation. City of Manistee Planning Commission Meeting Minutes of January 5, 2017 Page 2 MEMBERS DISCUSSION Commissioner McBride thanked Roger Yoder for serving as Chair for so many years. The next regular meeting of the Planning Commission will be held on Thursday, February 2, 2017 ADJOURNMENT Motion by Marlene McBride, seconded by Bob Slawinski that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 7:18 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of January 5, 2017 Page 3 Memorandum Denise Blakeslee Planning & Zoning To: Planning Commissioners Administrator 70 Maple Street FROM: Denise Blakeslee, Planning & Zoning Administrator Manistee, MI 49660 231.398.2805 DATE: January 23, 2017 dblakeslee@manisteemi.gov www.manisteemi.gov RE: Joe Hayes - Special Use Permit Mini Storage Facility Commissioners, in 2011 the Planning Commission issued a Special Use Permit to Paul Swidorski (operator) for Mine, Sand and Gravel. The Special Use Permits for Mine, Sand and Gravel expire after five years. Mr. Swidorski is requesting to renew his Special Use Permit for Mine, Sand and Gravel. The property in question is currently owned by Chemical Bank and a purchase offer has been made on the property by Joe Hayes. Mr. Hayes has a request on the February 2, 2017 agenda for a Mini Self Storage Facility. In your packet you will find:  A copy of the renewal request  A copy of the original request  A memo from the DPW Director/City Engineer  A draft resolution to approve the request  A draft resolution to deny the request This request requires a public hearing that has been noticed in the News Advocate, City Web Page, and City Facebook page. The review by the Fire Department showed there were no issues with their review of the request. If the Planning Commission were to approve the renewal of the permit staff is recommending the following conditions be placed on the permit.  The detention pond is designed without an emergency spillway. The City Engineer is requiring the pond to be sized for two 100 year 24 hour storm events or utilize the storm sewer along Cypress St as an emergency outlet. The ditch along the north edge of the project could be used for conveyance and pipe the overflow to Cypress St. A new site plan is to be reviewed and approved by the City Engineer showing the management of stormwater before the Special Use Permit can be issued.  The plan shows the sidewalk constructed along the right of way. The sidewalk is to be placed one foot inside the outer edge of the right of way.  Phase 2 sidewalks are to be extended to the east property line.  Twelfth St will is planned for reconstruction within the next 2-3 years. The developer shall work with the City to have a sidewalk constructed in conjunction with the reconstruction of Twelfth Street. Cost of construction of the sidewalk shall be the Developers, and the payment shall be a condition of the Special Use Permit. Funds for the sidewalk construction shall be either escrowed with the City by Developer, secured through a bond acceptable to the City or payment secured by some other method acceptable to the City.  City of Manistee Planning Commission Resolution to Approve a Special Use Permit, Case Number PC-2017-01 Mini/Self Storage Facility Joe Hayes At a regularly scheduled meeting of the City of Manistee Planning Commission held on February 2, 2017, the following resolution was adopted to approve a Special Use Permit for a Mini/Self Storage Facility as shown on Site Plan prepared by Nordlund and Associates, Inc., Job Number 1319-3, Dated January 9, 2017. Planning Commissioner _____________ moved, supported by Planning Commissioner ____________, the adoption of the following resolution. WHEREAS, on January 9, 2017 a request was received from Joe Hayes for a Special Use Permit for a Mini/Self Storage Facility, and WHEREAS, a Mini/Self Storage Facility is provided for as a Special Use in the C-1 Regional Commercial District, and WHEREAS, the Planning Commission has provided proper notice and held a public hearing on the proposed development on February 2, 2017, and WHEREAS, the Planning Commission has received written comment, reviewed the site plan, and has completed review of the application, received input from the Applicant and input received at said public hearing. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: A. RESOLVED, that the Planning Commission has reached the following determination regarding Special Use Permit Standards (Section 1802.A): 1. The Special Use is consistent with the adopted City of Manistee Master Plan. 2. The Special Use is designed, constructed, operated and maintained to be consistent with the existing or intended character of the general vicinity and such use will not change the essential character of the area in which it is proposed. 3. The Special Use is not hazardous or disturbing to existing or future uses in the same general vicinity and in the community as a whole. 4. The Special Use is served adequately by essential public facilities and services, such as highways, streets, police and fire protection, storm water drainage, refuse disposal, water and sewage facilities, and schools; or persons or agencies responsible for the establishment of the proposed use shall provide adequately for such services. 1  5. The Special Use does not create excessive additional requirements at public cost for facilities and services and will not be detrimental to the economic welfare of the community. 6. The Special Use does not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, vibration, smoke, toxic emissions, fumes, glare, or odors. 7. The Special Use meets the intent and purpose of the Zoning Ordinance; be related to the standards established in the Ordinance for the land use or activity under consideration; and will be in compliance with these standards. B. Findings of Fact – Section 1855 Mini/Self Storage Facility of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. The area of the proposed site shall be at least one (1) acre. 2. The use shall be established and maintained in accordance with all applicable Local, State and Federal laws. 3. All storage shall be inside an enclosed building; no outdoor storage shall be permitted. 4. Within the R-3 district, mini-storage facilities shall front on and be accessed from a key street segment, as defined herein. N/A 5. Each storage unit shall have an individual door to the outdoors and shall be accessible by the owner of the storage items in accordance with hours of operation approved by the Planning Commission. Such hours of operation shall be posted at the entrance to the facility. 6. The storage of perishable, flammable, toxic, or hazardous substances and the use of the facility to store goods or products for commercial or industrial purposes shall be prohibited. 7. No activities except for rental of storage units, and pick-up and deposit of storage shall be permitted. 8. Parking shall be provided as needed for the office uses as provided in Section 514 of this Ordinance. 9. All parking, maneuvering and drive lane areas shall be provided with a paved surface and all drive aisles shall be twenty-five (25) feet in width. The Planning Commission shall approve the circulation pattern within the site, which shall be clearly marked. 10. All exterior lighting shall be in accordance with Section 525 hereof. 11. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 12. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance. 2 BE IT FURTHER RESOLVED that the Special Use Permit for a Mini Self Storage Facility shall comply with the following conditions:  The detention pond is designed without an emergency spillway. The City Engineer is requiring the pond to be sized for two 100 year 24 hour storm events or utilize the storm sewer along Cypress St as an emergency outlet. The ditch along the north edge of the project could be used for conveyance and pipe the overflow to Cypress St. A new site plan is to be reviewed and approved by the City Engineer showing the management of stormwater before the Special Use Permit can be issued.  The plan shows the sidewalk constructed along the right of way. The sidewalk is to be placed one foot inside the outer edge of the right of way.  Phase 2 sidewalks are to be extended to the east property line.  Twelfth St will is planned for reconstruction within the next 2-3 years. The developer shall work with the City to have a sidewalk constructed in conjunction with the reconstruction of Twelfth Street. Cost of construction of the sidewalk shall be the Developers, and the payment shall be a condition of the Special Use Permit. Funds for the sidewalk construction shall be either escrowed with the City by Developer, secured through a bond acceptable to the City or payment secured by some other method acceptable to the City. _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ CITY OF MANISTEE PLANNING COMMISSION: AYES: ABSTAINING: NAYS: ABSENT: MOTION: CARRIED CERTIFICATION: 3 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 February 2, 2017. ______________________________ Marlene McBride, Secretary 4  City of Manistee Planning Commission Resolution to Deny a Special Use Permit, Case Number PC-2017-01 Mini/Self Storage Facility Joe Hayes At a regularly scheduled meeting of the City of Manistee Planning Commission held on February 2, 2017, the following resolution was adopted to deny a Special Use Permit for a Mini/Self Storage Facility as shown on Site Plan prepared by Nordlund and Associates, Inc., Job Number 1319-3, Dated January 9, 2017. Planning Commissioner _____________ moved, supported by Planning Commissioner ____________, the adoption of the following resolution. WHEREAS, on January 9, 2017 a request was received from Joe Hayes for a Special Use Permit for a Mini/Self Storage Facility, and WHEREAS, a Mini/Self Storage Facility is provided for as a Special Use in the C-1 Regional Commercial District, and WHEREAS, the Planning Commission has provided proper notice and held a public hearing on the proposed development on February 2, 2017, and WHEREAS, the Planning Commission has received written comment, reviewed the site plan, and has completed review of the application, received input from the Applicant and input received at said public hearing. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: A. RESOLVED, that the Planning Commission has reached the following determination regarding Special Use Permit Standards (Section 1802.A): 1. The Special Use is consistent with the adopted City of Manistee Master Plan. 2. The Special Use is designed, constructed, operated and maintained to be consistent with the existing or intended character of the general vicinity and such use will not change the essential character of the area in which it is proposed. 3. The Special Use is not hazardous or disturbing to existing or future uses in the same general vicinity and in the community as a whole. 4. The Special Use is served adequately by essential public facilities and services, such as highways, streets, police and fire protection, storm water drainage, refuse disposal, water and sewage facilities, and schools; or persons or agencies responsible for the establishment of the proposed use shall provide adequately for such services. 1  5. The Special Use does not create excessive additional requirements at public cost for facilities and services and will not be detrimental to the economic welfare of the community. 6. The Special Use does not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, vibration, smoke, toxic emissions, fumes, glare, or odors. 7. The Special Use meets the intent and purpose of the Zoning Ordinance; be related to the standards established in the Ordinance for the land use or activity under consideration; and will be in compliance with these standards. B. Findings of Fact – Section 1855 Mini/Self Storage Facility of the City of Manistee Zoning Ordinance the Planning Commission has reached the following determinations with respect to the Project: 1. The area of the proposed site shall be at least one (1) acre. 2. The use shall be established and maintained in accordance with all applicable Local, State and Federal laws. 3. All storage shall be inside an enclosed building; no outdoor storage shall be permitted. 4. Within the R-3 district, mini-storage facilities shall front on and be accessed from a key street segment, as defined herein. 5. Each storage unit shall have an individual door to the outdoors and shall be accessible by the owner of the storage items in accordance with hours of operation approved by the Planning Commission. Such hours of operation shall be posted at the entrance to the facility. 6. The storage of perishable, flammable, toxic, or hazardous substances and the use of the facility to store goods or products for commercial or industrial purposes shall be prohibited. 7. No activities except for rental of storage units, and pick-up and deposit of storage shall be permitted. 8. Parking shall be provided as needed for the office uses as provided in Section 514 of this Ordinance. 9. All parking, maneuvering and drive lane areas shall be provided with a paved surface and all drive aisles shall be twenty-five (25) feet in width. The Planning Commission shall approve the circulation pattern within the site, which shall be clearly marked. 10. All exterior lighting shall be in accordance with Section 525 hereof. 11. All signs shall be in compliance with the provisions of Article 21 of this Ordinance. 12. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance. BE IT FURTHER RESOLVED that the request to renew the request a Special Use Permit for a Mini/Self Storage Facility as shown on Site Plan prepared by Nordlund and Associates, Inc., Job Number 1319-3, Dated January 9, 2017. Be denied for the following reasons: 1. _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ 2 _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________ CITY OF MANISTEE PLANNING COMMISSION: AYES: ABSTAINING: NAYS: ABSENT: MOTION: CARRIED CERTIFICATION: I, Marlene McBride, Secretary of the City of Manistee Planning Commission certify that the foregoing is a true and complete record of action taken by the Planning Commission at their regular meeting of February 2, 2017. ______________________________ Marlene McBride, Secretary 3 Memorandum Denise Blakeslee Planning & Zoning To: Planning Commissioners Administrator 70 Maple Street FROM: Denise Blakeslee, Planning & Zoning Administrator Manistee, MI 49660 231.398.2805 DATE: January 23, 2017 dblakeslee@manisteemi.gov www.manisteemi.gov RE: Paul Swidorski, Swidorski Bros. Excavating, LLC Renewal of Mine, Sand and Gravel Special Use Permit Commissioners, in 2011 the Planning Commission issued a Special Use Permit to Paul Swidorski (operator) for Mine, Sand and Gravel. The Special Use Permits for Mine, Sand and Gravel expire after five years. Mr. Swidorski is requesting to renew his Special Use Permit for Mine, Sand and Gravel. The property in question is currently owned by Chemical Bank and a purchase offer has been made on the property by Joe Hayes. Mr. Hayes has a request on the February 2, 2017 agenda for a Mini Self Storage Facility. In your packet you will find:  A copy of the renewal request  A copy of the original request  A memo from the DPW Director/City Engineer  A draft resolution to approve with conditions  A draft resolution to deny the request This request requires a public hearing that has been noticed in the News Advocate, City Web Page, City Facebook page. The review by the Fire Department showed there were no issues with their review of the request. If the Planning Commission were to approve the renewal of the permit staff is recommending the following conditions be placed on the permit.  This permit shall be conditioned on the issuance of any required soil erosion permit. A copy of the permit is to be provided to the City.  The applicant is required to grade the Twelfth and Cypress Street rights-of-way adjacent to the applicant’s property as shown on the site plan to an elevation approved by the City Engineer that will provide for the installation of a sidewalk.  The applicant shall meet the requirements of Section 1865.B.3.a.1) as it relates to adjoining Parcel #51-661-001-00 (Address: 282 Twelfth Street).  In the event the applicant receives approval from the owner of Parcel #51-661-001-00 to excavate a portion of that parcel, the applicant will need to amend the Special Use Permit.  A snow fence shall be erected around the excavation area prior to excavation.  Hours of operation shall be limited to: 7:00 am to 7:00 pm Monday – Saturday.  A minimum performance guarantee of $3,000.00 plus a minimum $2,000.00 per excavated acre shall be filed with the City Treasurer before the Special Use Permit will be issued.  As the site is currently being operated, trucks are sometimes loaded while parked along Twelfth St. The loading/offloading of equipment and materials is required to be on site and not on the roadway.  Appropriate measures are to be taken so that trucks egressing the current site are not depositing soils along the adjacent roadways. The applicant is to provide a coarse aggregate loading pad (or other SSEC Best Management Practice) to reduce “tracking” of soils onto the City Street system.  The “loading Driveway” indicated on the plans lacks details. The applicant is to supply a detailed plan to meet the standards of the DPW Director and City Attorney before the Special Use Permit will be issued.  Should mining continue once Twelfth St is reconstructed (planned for 2-3 years from now), the approach used by mining equipment on to the roadway shall be constructed to commercial driveway standards including HMA (over an aggregate base) or concrete to reduce degradation of the new roadway.  The documents submitted are not clear on the proposed extents of the mining operation. It appears that the intent is to mind sand for the site preparation of Phase 1 and 2 of the self- storage project. If this is not the intent the applicant is to provide actual limits of mining extents and proposed finish grades.  The Special Use Permit shall be issued for a period of five years and shall expire on February 2, 2022. MEMO TO: Denise Blakeslee, Planning & Zoning Administrator FROM: Jeffrey W. Mikula, Public Works Director DATE: January 19, 2017 Public Works SUBJECT: Manistee Self Storage Sand Mining Review 231-723-7132 ______________________________________________________________________________ The documents submitted are not clear on the proposed extents of the mining operation. It appears that the intent is to mind sand for the site preparation of Phase 1 and 2 of the self-storage project. If this is not the intent, please have the applicant provide actual limits of mining extents and proposed finish grades. We also request a copy of the Sedimentation and Soil Erosion Control Permit. As the site is currently being operated, trucks are sometimes loaded while parked along Twelfth St. This process should be eliminated and all activity should occur on-site. Trucks egressing the current site and depositing soils along the adjacent roadways. The applicant should propose a coarse aggregate loading pad (or other SSEC Best Management Practice) to reduce “tracking” of soils onto the City Street system. The “loading Driveway” indicated on the plans lacks details. Should mining continue once Twelfth St is reconstructed (planned for 2-3 years from now), the approach used by mining equipment on to the roadway should be constructed to commercial driveway standards including HMA (over an aggregate base) or concrete to reduce degradation of the new roadway.  Attachment A City of Manistee Planning Commission Resolution to Approve the Renewal request for Special Use Permit for Mine, Sand, and Gravel Case Number PC-2017-02 Chemical Bank, Owner Paul Swidorski, Swidorski Bros. Excavating, LLC, Operator At a regularly scheduled meeting of the City of Manistee Planning Commission held on February 2, 2017, the following resolution was adopted to approve the renewal of a Mine, Sand and Gravel Special Use Permit from Chemical Bank, Owner/Paul Swidorski, Swidorski Bros. Excavating, LLC, Operator as submitted with application and Original Site Plan prepared by Abonmarche, ACI Job #110098 Dated March 9, 2011, and area of excavation as required for buildings on Site Plan prepared by Nordlund and Associates, Job Number 1319-3, Dated January 9, 2017 for proposed development for a Mini/Self Storage Facility. Planning Commissioner ______________moved, supported by Planning Commissioner ________________, the adoption of the following resolution. WHEREAS, on January 11, 2017 a request was received from Chemical Bank, Owner and Paul Swidorski, Swidorski Bros. Excavating LLC, Operator for renewal of a Special Use Permit for Mine, Sand and Gravel operation, and WHEREAS, Mine, Sand and Gravel is provided for as a Special Use under Section 1856 of the Zoning Ordinance in the C-1 Regional Commercial Zoning District, and WHEREAS, a Special Use Permit was issued to Operator Paul Swidorski, Swidorski Bros. Excavating, LLC on December 1, 2011, and WHEREAS, Special Use Permits for Sand, Mine and Gravel expire after a period of five years, and WHEREAS, the Planning Commission has provided proper notice and held a public hearing on the proposed development on February 2, 2017, and WHEREAS, the Planning Commission has solicited written comment and has completed review of the Application and Site Plan from the Applicant and the input received at said public hearing. NOW, THEREFORE, BE IT: A. RESOLVED, that the Planning Commission has reached the following determination regarding Special Use Permit Standards (Section 1802.A): 1. The Special Use is consistent with the adopted City of Manistee Master Plan. 2. The Special Use is designed, constructed, operated and maintained to be consistent with the existing or intended character of the general vicinity and such use will not change the essential character of the area in which it is proposed. 1  3. The Special Use is not hazardous or disturbing to existing or future uses in the same general vicinity and in the community as a whole. 4. The Special Use is served adequately by essential public facilities and services, such as highways, streets, police and fire protection, storm water drainage, refuse disposal, water and sewage facilities, and schools; or persons or agencies responsible for the establishment of the proposed use shall provide adequately for such services. 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. RESOLVED, the application complies with General Site Plan Requirements in accordance with Section 1856 Mine, Sand and Gravel of the City of Manistee Zoning Ordinance. 1. General Site Plan Requirements: In addition to the regular application for a Special Use and payment of fees, the application shall be accompanied by a General Site Plan. The plan shall be drawn to a scale of 1" - 100' and said plan shall include the following information: a. Name and address of owner(s) of land which removal will take place. b. Name, address and telephone number of person, firm, or corporation who will be conducting the actual removal operation. c. Location, size and legal description of the total site area to be mined. d. A plan for extraction and reclamation for the total project which shall include: 1) Surface overburden and topsoil stripping and stockpiling plans. 2) Provisions for grading, re-vegetation, and stabilization that will prevent soil erosion, sedimentation and public safety problems. 3) A feasible and detailed plan for the re-use of the reclaimed site, consistent with the intent of the zoning district(s) in which the facility is located. e. Surface water drainage provisions and outlets. f. The location and size of any structures g. Approved soil erosion permits. If such permit has not been issued, a copy of the permit application may be appended to the special use application and any approval shall be conditioned upon issuance of such soil erosion permit. 2. Reclamation: All extraction areas shall be reclaimed progressively as they are worked out. Reclaimed sites shall be reasonably natural and inconspicuous and shall be reasonably lacking in hazard. All slopes and banks remaining above water level and below water level to a depth of six (6) feet shall be graded to angles which do not exceed one (1) foot in elevation for each three 2  (3) feet of horizontal surface and they shall be treated to prevent erosion or any other potential deterioration. No more than five (5) acres of the site shall be open at any time. 3. Site Development Requirements: a. Setbacks in which no part of the mining operation may take place, except for ingress and egress shall be as follows: 1) Excavation below the existing grade of adjacent roads or property lines shall not take place within twenty-five (25) feet from any adjacent property line or road right-of-way. 2) No machinery will be erected or maintained within one hundred (100) feet of any property or road right-of-way line. b. Fencing: If fencing is deemed a necessary requirement, the Planning Commission shall specify the type, characteristics, and location of the required fencing. c. Interior access roads, parking lots, haul road, loading and unloading areas and stockpiled materials shall be maintained so as to limit the nuisance caused by wind-blown dust. d. Hours of operation shall be established by the Planning Commission as part of the special use approval. e. The application shall provide for measures acceptable to the Planning Commission to prevent any noise in excess of 60 decibels at any property line. 4. Failure to maintain all required State or Federal licenses and/or to develop and maintain a surface mining operation in accord with the terms of the Special Use permit may result in the immediate revocation of said Special Use permit and any and all other sanctions and/or penalties available to the City, County, and/or State. 5. Evidence of Continuing Use: When activities on or the use of the mining area, or any portion thereof, have ceased for more than one (1) year or when, by examination of the premises or other means, the Zoning Administrator determines a manifestation of intent to abandon the mining area, the Zoning Administrator shall give the operator written notice of their intention to declare the mining area or portion thereof abandoned. Within thirty (30) days following receipt of said notice, the operator shall have the opportunity to rebut the Zoning Administrator’s evidence and submit other relevant evidence to the contrary. If the Zoning Administrator finds the operator's evidence of continued use satisfactory, it shall not declare abandonment. 6. Financial Guarantees: A minimum performance guarantee of $3,000.00 plus a minimum $2,000.00 per excavated acre shall be filed with the City Treasurer. The performance guarantee shall be in the form of a letter of credit, a certified check, a cash bond or an insurance policy with the City named as an insured party. The bond shall be returned when all conditions stipulated in the Special Use permit have been met and the Special Use permit revoked prior to its release. There shall be no partial release of the bond. 7. Issuance of a Special Use Permit: Permits for surface mining shall be issued to the operator. If an operator disposes of his interest in an extraction area prior to final reclamation by sale, lease, assignment, termination of lease, or otherwise, the Planning Commission may release the operator from the duties imposed upon him by this Ordinance, as to the operation, but only if the successor, operator, or property owner assumes the obligations of the former operator with reference to the reclamation activities. At that time the Special Use permit may be transferred. 8. Permit Expiration: If approval for a Special Use permit is granted by the Planning Commission it shall extend a specific period of time not to exceed five (5) years. Those permits granted for a period exceeding one (1) year shall be inspected a minimum of once a year by the Zoning Administrator to insure compliance with the permit and Ordinance. 3  9. Modification of the General Site Plan: The General Site Plan may be modified at any time by mutual consent of the operator and the Planning Commission to adjust to changed conditions, technology, or to correct an oversight. The Planning Commission may require the modification of the General Site Plan when: a) Modification of the plan is necessary so that it will conform to the existing laws. b) It is found that the previously approved plan is clearly impractical to implement and maintain. c) The approved plan is obviously not accomplishing the intent of the Ordinance BE IT FURTHER RESOLVED, that the Special Use Permit for Mine Sand and Gravel shall be issued with the following conditions as well as any other conditions contained in Section 1856.B of the Manistee Zoning Ordinance:  This permit shall be conditioned on the issuance of any required soil erosion permit. A copy of the permit is to be provided to the City.  The applicant is required to grade the Twelfth and Cypress Street rights-of-way adjacent to the applicant’s property as shown on the site plan to an elevation approved by the City Engineer that will provide for the installation of a sidewalk.  The applicant shall meet the requirements of Section 1865.B.3.a.1) as it relates to adjoining Parcel #51-661-001-00 (Address: 282 Twelfth Street).  In the event the applicant receives approval from the owner of Parcel #51-661-001-00 to excavate a portion of that parcel, the applicant will need to amend the Special Use Permit.  A snow fence shall be erected around the excavation area prior to excavation.  Hours of operation shall be limited to: 7:00 am to 7:00 pm Monday – Saturday.  A minimum performance guarantee of $3,000.00 plus a minimum $2,000.00 per excavated acre shall be filed with the City Treasurer before the Special Use Permit will be issued.  As the site is currently being operated, trucks are sometimes loaded while parked along Twelfth St. The loading/offloading of equipment and materials is required to be on site and not on the roadway.  Appropriate measures are to be taken so that trucks egressing the current site are not depositing soils along the adjacent roadways. The applicant is to provide a coarse aggregate loading pad (or other SSEC Best Management Practice) to reduce “tracking” of soils onto the City Street system.  The “loading Driveway” indicated on the plans lacks details. The applicant is to supply a detailed plan to meet the standards of the DPW Director and City Attorney before the Special Use Permit will be issued. 4   Should mining continue once Twelfth St is reconstructed (planned for 2-3 years from now), the approach used by mining equipment on to the roadway shall be constructed to commercial driveway standards including HMA (over an aggregate base) or concrete to reduce degradation of the new roadway.  The documents submitted are not clear on the proposed extents of the mining operation. It appears that the intent is to mind sand for the site preparation of Phase 1 and 2 of the self- storage project. If this is not the intent the applicant is to provide actual limits of mining extents and proposed finish grades.  The Special Use Permit shall be issued for a period of five years and shall expire on February 2, 2022. CITY OF MANISTEE PLANNING COMMISSION: AYES: ABSTAINING: NAYS: ABSENT: MOTION: CARRIED CERTIFICATION: I, Marlene McBride, Secretary of the City of Manistee Planning Commission certify that the foregoing is a true and complete record of action taken by the Planning Commission at their regular meeting of February 2, 2017. __________________________________ Marlene McBride Secretary 5  Attachment A City of Manistee Planning Commission Resolution to Deny the Renewal request for Special Use Permit for Mine, Sand, and Gravel Case Number PC-2017-02 Chemical Bank, Owner Paul Swidorski, Swidorski Bros. Excavating, LLC, Operator At a regularly scheduled meeting of the City of Manistee Planning Commission held on February 2, 2017, the following resolution was adopted to approve the renewal of a Mine, Sand and Gravel Special Use Permit from Chemical Bank, Owner/Paul Swidorski, Swidorski Bros. Excavating, LLC, Operator as submitted with application and Original Site Plan prepared by Abonmarche, ACI Job #110098 Dated March 9, 2011, and area of excavation as required for buildings on Site Plan prepared by Nordlund and Associates, Job Number 1319-3, Dated January 9, 2017 for proposed development for a Mini/Self Storage Facility. Planning Commissioner ______________moved, supported by Planning Commissioner ________________, the adoption of the following resolution. WHEREAS, on January 11, 2017 a request was received from Chemical Bank, Owner and Paul Swidorski, Swidorski Bros. Excavating LLC, Operator for renewal of a Special Use Permit for Mine, Sand and Gravel operation, and WHEREAS, Mine, Sand and Gravel is provided for as a Special Use under Section 1856 of the Zoning Ordinance in the C-1 Regional Commercial Zoning District, and WHEREAS, a Special Use Permit was issued to Operator Paul Swidorski, Swidorski Bros. Excavating, LLC on December 1, 2011, and WHEREAS, Special Use Permits for Sand, Mine and Gravel expire after a period of five years, and WHEREAS, the Planning Commission has provided proper notice and held a public hearing on the proposed development on February 2, 2017, and WHEREAS, the Planning Commission has solicited written comment and has completed review of the Application and Site Plan from the Applicant and the input received at said public hearing. NOW, THEREFORE, BE IT: A. RESOLVED, that the Planning Commission has reached the following determination regarding Special Use Permit Standards (Section 1802.A): 1. The Special Use is consistent with the adopted City of Manistee Master Plan. 2. The Special Use is designed, constructed, operated and maintained to be consistent with the existing or intended character of the general vicinity and such use will not change the essential character of the area in which it is proposed. 1  3. The Special Use is not hazardous or disturbing to existing or future uses in the same general vicinity and in the community as a whole. 4. The Special Use is served adequately by essential public facilities and services, such as highways, streets, police and fire protection, storm water drainage, refuse disposal, water and sewage facilities, and schools; or persons or agencies responsible for the establishment of the proposed use shall provide adequately for such services. 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. RESOLVED, the application complies with General Site Plan Requirements in accordance with Section 1856 Mine, Sand and Gravel of the City of Manistee Zoning Ordinance. 1. General Site Plan Requirements: In addition to the regular application for a Special Use and payment of fees, the application shall be accompanied by a General Site Plan. The plan shall be drawn to a scale of 1" - 100' and said plan shall include the following information: a. Name and address of owner(s) of land which removal will take place. b. Name, address and telephone number of person, firm, or corporation who will be conducting the actual removal operation. c. Location, size and legal description of the total site area to be mined. d. A plan for extraction and reclamation for the total project which shall include: 1) Surface overburden and topsoil stripping and stockpiling plans. 2) Provisions for grading, re-vegetation, and stabilization that will prevent soil erosion, sedimentation and public safety problems. 3) A feasible and detailed plan for the re-use of the reclaimed site, consistent with the intent of the zoning district(s) in which the facility is located. e. Surface water drainage provisions and outlets. f. The location and size of any structures g. Approved soil erosion permits. If such permit has not been issued, a copy of the permit application may be appended to the special use application and any approval shall be conditioned upon issuance of such soil erosion permit. 2. Reclamation: All extraction areas shall be reclaimed progressively as they are worked out. Reclaimed sites shall be reasonably natural and inconspicuous and shall be reasonably lacking in hazard. All slopes and banks remaining above water level and below water level to a depth of six (6) feet shall be graded to angles which do not exceed one (1) foot in elevation for each three 2  (3) feet of horizontal surface and they shall be treated to prevent erosion or any other potential deterioration. No more than five (5) acres of the site shall be open at any time. 3. Site Development Requirements: a. Setbacks in which no part of the mining operation may take place, except for ingress and egress shall be as follows: 1) Excavation below the existing grade of adjacent roads or property lines shall not take place within twenty-five (25) feet from any adjacent property line or road right-of-way. 2) No machinery will be erected or maintained within one hundred (100) feet of any property or road right-of-way line. b. Fencing: If fencing is deemed a necessary requirement, the Planning Commission shall specify the type, characteristics, and location of the required fencing. c. Interior access roads, parking lots, haul road, loading and unloading areas and stockpiled materials shall be maintained so as to limit the nuisance caused by wind-blown dust. d. Hours of operation shall be established by the Planning Commission as part of the special use approval. e. The application shall provide for measures acceptable to the Planning Commission to prevent any noise in excess of 60 decibels at any property line. 4. Failure to maintain all required State or Federal licenses and/or to develop and maintain a surface mining operation in accord with the terms of the Special Use permit may result in the immediate revocation of said Special Use permit and any and all other sanctions and/or penalties available to the City, County, and/or State. 5. Evidence of Continuing Use: When activities on or the use of the mining area, or any portion thereof, have ceased for more than one (1) year or when, by examination of the premises or other means, the Zoning Administrator determines a manifestation of intent to abandon the mining area, the Zoning Administrator shall give the operator written notice of their intention to declare the mining area or portion thereof abandoned. Within thirty (30) days following receipt of said notice, the operator shall have the opportunity to rebut the Zoning Administrator’s evidence and submit other relevant evidence to the contrary. If the Zoning Administrator finds the operator's evidence of continued use satisfactory, it shall not declare abandonment. 6. Financial Guarantees: A minimum performance guarantee of $3,000.00 plus a minimum $2,000.00 per excavated acre shall be filed with the City Treasurer. The performance guarantee shall be in the form of a letter of credit, a certified check, a cash bond or an insurance policy with the City named as an insured party. The bond shall be returned when all conditions stipulated in the Special Use permit have been met and the Special Use permit revoked prior to its release. There shall be no partial release of the bond. 7. Issuance of a Special Use Permit: Permits for surface mining shall be issued to the operator. If an operator disposes of his interest in an extraction area prior to final reclamation by sale, lease, assignment, termination of lease, or otherwise, the Planning Commission may release the operator from the duties imposed upon him by this Ordinance, as to the operation, but only if the successor, operator, or property owner assumes the obligations of the former operator with reference to the reclamation activities. At that time the Special Use permit may be transferred. 8. Permit Expiration: If approval for a Special Use permit is granted by the Planning Commission it shall extend a specific period of time not to exceed five (5) years. Those permits granted for a period exceeding one (1) year shall be inspected a minimum of once a year by the Zoning Administrator to insure compliance with the permit and Ordinance. 3  9. Modification of the General Site Plan: The General Site Plan may be modified at any time by mutual consent of the operator and the Planning Commission to adjust to changed conditions, technology, or to correct an oversight. The Planning Commission may require the modification of the General Site Plan when: a) Modification of the plan is necessary so that it will conform to the existing laws. b) It is found that the previously approved plan is clearly impractical to implement and maintain. c) The approved plan is obviously not accomplishing the intent of the Ordinance BE IT FURTHER RESOLVED that the request to renew the request for a Mine, Sand and Gravel Special Use Permit from Chemical Bank, Owner/Paul Swidorski, Swidorski Bros. Excavating, LLC, Operator as submitted with application and Site Plan prepared by Abonmarche, ACI Job #110098 Dated March 9, 2011 (original request), and Site Plan ____ prepared by Nordlund and Associates, Job Number 1319-3, Dated January 9, 2017 which updates the existing conditions and proposed development for a Mini/Self Storage Facility. Be denied for the following reasons: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ CITY OF MANISTEE PLANNING COMMISSION: AYES: ABSTAINING: NAYS: ABSENT: MOTION: CARRIED CERTIFICATION: I, Marlene McBride, Secretary of the City of Manistee Planning Commission certify that the foregoing is a true and complete record of action taken by the Planning Commission at their regular meeting of February 2, 2017. __________________________________ Marlene McBride Secretary 4