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Planning Commission

Regular Meeting

Manistee, MI · June 1, 2017

Agenda

Agenda

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, June 1, 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 June 1, 2017 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the May 4, 2017 meeting Minutes. V Public Hearing VI Public Comment on Agenda Related items VII New Business Site Plan Review – Tracey Lindeman, 308 River Street A request has been received from Tracey Lindeman for a wood deck to be constructed on the rear of the building at 308 River Street. At this time the Planning Commission could take action to approve/deny the request from Tracey Lindeman for a wood deck to be constructed on the rear of the building at 308 River Street as submitted with application PC-2017- VIII Old Business PC-2017-07 - River Parc Place II LLC, Zoning Amendment Request (Z17-07) A public hearing was held on May 4, 2017 in response to a request from River Parc Place II LLC for a Zoning Amendment that would amend Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks, Item H and Section 1832 Dwelling Multiple Unit, Item B.3 of the City of Manistee Zoning Ordinance. The Planning Commission tabled the request until the June 1, 2017 meeting for the applicant to be present to discuss their request. Page 1 of 2 At this time the Planning Commission could take action to recommend to City Council approval/denial of a the request from River Parc Place II LLC for a Zoning Amendment that would amend Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks, Item H and Section 1832 Dwelling Multiple Unit, Item B.3 of the City of Manistee Zoning Ordinance (Z17-07). 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 Manistee, MI 49660 Planning & Zoning Administrator 231.398.2805 dblakeslee@manisteemi.gov www.manisteemi.gov DATE: May 23, 2017 RE: June 1, 2017 Planning Commission Meeting Commissioners, the next meeting of the Planning Commission will be on Thursday, June 1, 2017. We have the following items on the agenda: NEW BUSINESS: Site Plan Review – Tracey Lindeman, 308 River Street - A request has been received from Tracey Lindeman for a wood deck to be constructed on the rear of the building at 308 River Street. Since we only had one item on the agenda, staff added this to the Planning Commission Agenda to avoid having to call a special meeting of the Site Plan Review Committee. OLD BUSINESS: PC-2017-07 - River Parc Place II LLC, Zoning Amendment Request (Z17-07) - A request was received from River Parc Place II LLC for a Zoning Amendment that would amend Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks, Item H and Section 1832 Dwelling Multiple Unit, Item B.3 of the City of Manistee Zoning Ordinance. The Commission tabled this request until the June 1, 2017 meeting so the applicant could be present Please call me if you are unable to attend the meeting 398.2805. See you Thursday! CITY OF MANISTEE PLANNING COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES May 4, 2017 A meeting of the Manistee City Planning Commission was held on Thursday, May 4, 2017 at 7pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 7:00 pm by Chair Wittlieff ROLL CALL Members Present: Maureen Barry, Aaron Bennett, Ray Fortier, Marlene McBride, Bob Slawinski, Mark Wittlieff, Roger Yoder Members Absent: None Others: Jim Smith (353 First Street), Barry Lind (532 Fourth Street), Denise Blakeslee (Planning & Zoning Administrator) and others APPROVAL OF AGENDA Motion by Ray Fortier, seconded by Maureen Barry that the agenda be approved as prepared. With a Roll Call vote this motion passed 7 to 0. Yes: Barry, Bennett, Slawinski, Yoder Fortier, McBride, Wittlieff No: None APPROVAL OF MINUTES Motion by Ray Fortier, seconded by Bob Slawinski that the minutes of the April 6, 2017 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 7 to 0. Yes: Yoder, Bennett, Fortier, Barry, Slawinski, McBride, Wittlieff No: None City of Manistee Planning Commission Meeting Minutes of May 4, 2017 Page 1 PUBLIC HEARING Zoning Amendment Z17-02 – Wireless Communication Facilities Chair Wittlieff opened the public Hearing at 7:02 pm A Zoning Amendment is being proposed relating to wireless communication facilities as recommended by Clear Zoning when they performed a Review of the Zoning Ordinance. Denise Blakeslee, Planning & Zoning Administrator reviewed the proposed amendment for Wireless Communication Facilities. When Clear Zoning performed the review of the Zoning Ordinance they noted that the Planning Enabling Act now references Wireless Communication Facilities not Communication Tower as we define and provide standards in the Zoning Ordinance. The standards are established by the Act. There were no comments from the public in attendance and no correspondence received in response to the request, Chair Wittlieff closed the public hearing at 7:04 pm Zoning Amendment Z17-03 – Parking Standards Chair Wittlieff opened the public Hearing at 7:04 pm A Zoning Amendment is being proposed relating to the parking standards as recommended by Clear Zoning when they performed a Review of the Zoning Ordinance. Denise Blakeslee, Planning & Zoning Administrator reviewed the proposed amendment to parking standards. When Clear Zoning performed the review of the Zoning Ordinance they noted the current ordinance does not provide standards for electric vehicles, deferring parking and electric vehicle parking. Bike Parking has been updated to include bicycle parking shall be located along the principal building entrance and clearly visible. Section 1828 Drive-Through Establishment amended to reference new stacking standards. Staff noted that they recommend shortening the title for Section 514 to read Parking, Bike Parking and Sidewalks. Chair Wittlieff opened the hearing for public comments Barry Lind, 532 Fourth Street asked a question relating to deferred parking and the impact on the Edgewater request. Ms. Blakeslee said that the deferred parking amendment would only apply to new site plans not to existing properties. Jim Smith 353 First Street asked about Electric Vehicle Parking and where they would be permitted. Ms. Blakeslee said that they could either be either in a private or public parking lot. There being no additional comments from the public in attendance and no correspondence was received in response to the request, Chair Wittlieff closed the public hearing at 7:12 pm City of Manistee Planning Commission Meeting Minutes of May 4, 2017 Page 2 Zoning Amendment Z17-04 – Miscellaneous Items Chair Wittlieff opened the public Hearing at 7:13 pm A Zoning Amendment is being proposed relating to miscellaneous items as recommended by Clear Zoning when they performed a Review of the Zoning Ordinance and some items recommended by staff. Denise Blakeslee, Planning & Zoning Administrator reviewed the proposed amendment for miscellaneous items as recommended when Clear Zoning performed the review of the Zoning Ordinance and changes recommended by staff that includes changes to definitions for building envelope, solar energy system, solar storage battery and state licensed residential facilities; change to the use table (minimum floor area in PD to 500 sq. ft).; eliminate fence permits; special use standards relating to convenience store and gasoline station; change eating and drinking establishment from a special use to a use by right in W-F & C-2, delete gallery or museum and place of public assembly small as a special use with key street frontage in R-1; change mixed use development from special use to use by right in G-C, W-F, C-1, C-2 and C-3 as recommended in RRC Best Practices; delete wind energy conversion system as a special use in R-3; add the word “Light” to Purpose and Intent in the L-I district. Chair Wittlieff opened the hearing for public comments Barry Lind, 532 Fourth Street – spoke about the definition of Solar Storage Battery and types of storage systems available, noted a typo in the document and that items 4 and 6 are the same in Section 529 Solar Energy Systems he spoke of the language under Intent and Purpose and asked where the language came from and recommended the first sentence be shortened. Ms. Blakeslee noted that the language was from another community’s ordinance that was tailored for the city. All the proposed amendments resulting from the Clear Zoning Audit have been reviewed and approved by the City Attorney. During the business session the Planning Commission could amend the language and ask for corrections before the document is sent to City Council. Jim Smith 353 First Street - asked about language in Section 1841 Gasoline Station relating to Dismantled, wrecked, or immobile vehicles. Ms. Blakeslee said that it would prohibit the storage of these vehicles at Gasoline Stations, there is separate language in the ordinance for Automobile Repair Facilities and that Junk vehicles are addressed under the Code of Ordinances. There being no additional comments from the public in attendance and no correspondence was received in response to the request, Chair Wittlieff closed the public hearing at 7:35 pm Zoning Amendment Z17-05 – Dumpster Standards Chair Wittlieff opened the public Hearing at 7:36 pm A Zoning Amendment is being proposed establishing dumpster standards as recommended by Clear Zoning when they performed a Review of the Zoning Ordinance. City of Manistee Planning Commission Meeting Minutes of May 4, 2017 Page 3 Denise Blakeslee, Planning & Zoning Administrator reviewed the proposed amendment that provides dumpster standards in general provisions. When Clear Zoning performed the review of the Zoning Ordinance they noted the current ordinance does not provide dumpster standards other than a short sentence. This new language provides clear standards and locations for dumpsters in the ordinance. Chair Wittlieff opened the hearing for public comments Barry Lind, 532 Fourth Street – asked about Item G and noted a typo and asked if the language could be clarified. Ms. Blakeslee said during the business session the Planning Commission could amend the language and ask for corrections before the document is sent to City Council. There being no additional comments from the public in attendance, Chair Wittlieff closed the public hearing at 7:43 pm Zoning Amendment Z17-06 – Signs Chair Wittlieff opened the public Hearing at 7:44 pm A Zoning Amendment is being proposed relating to signs as recommended by Clear Zoning when they performed a Review of the Zoning Ordinance. Denise Blakeslee, Planning & Zoning Administrator staff was aware that under the Supreme Court case Reed vs town of Gilbert the current sign ordinance required amending. Staff along with several members of the Planning Commission attended a workshop relating to the needed changes. Staff worked with the City Attorney in the development of a new ordinance that repeals and replaces the existing standards. The changes include allowing additional signs for most uses that was previously permitted and clarifying the standards and making the ordinance content neutral. There were no comments from the public in attendance and no correspondence received in response to the request, Chair Wittlieff closed the public hearing at 7:79 pm Chair Wittlieff opened the public Hearing at 7:50 pm PC-2017-07 - River Parc Place II LLC, Zoning Amendment Request (Z17-07) A request has been received from River Parc Place II LLC for a Zoning Amendment that would amend Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks, Item H and Section 1832 Dwelling Multiple Unit, Item B.3 of the City of Manistee Zoning Ordinance. Denise Blakeslee, Planning & Zoning Administrator The applicant was unable to attend the meeting and Ms. Blakeslee read the narrative that was included in the request. City of Manistee Planning Commission Meeting Minutes of May 4, 2017 Page 4 The applicant has two issued that need to be addressed parking and the requirement for commercial use fronting on the street. The removal of the commercial units would not allow the project to be eligible as a Planned Unit Development. The applicant could either request a variance from the Zoning Board of Appeals or as for an Amendment to the ordinance. During the ordinance review staff noted that the parking standards for Adaptive Reuse were different than the standards in Section 514 Parking and the Commercial requirement for Adaptive Reuse and Dwelling Multi Unit were different and supplied this information to the applicant as noted in his request. City of Manistee Planning Commission Meeting Minutes of May 4, 2017 Page 5 Review of the Zoning Ordinance shows that parking is only required for residential use condominiums in the C-3 District and does not apply for single family dwellings, duplexes or multi-unit dwellings. Discussed the parking standards under adaptive reuse as follows: SECTION 1807 ADAPTIVE REUSE C. Regulations and Conditions: A building originally designed and constructed for another purpose may be adaptively reused in accordance with the following standards and conditions. 1. The Adaptive Reuse of a building in the C-3 District shall meet the following standards: e. Parking shall be located at the rear or side of the building or within an enclosed building and shall be appropriately buffered or screened. Required parking shall be provided within two hundred (200) feet of the building. One (1) space shall be provided per dwelling unit. The language that is drafted reduces the number of parking spaces from 1.5 spaces per unit to 1 space for unit. The applicant’s site plan shows 18 parking spaces that was permitted under the PUD. The applicant is requesting an amendment to Section 1832 Dwelling, Multiple Unit. This amendment provides language that is similar to Section 1807 Adaptive Reuse, Item C.1.c SECTION 1807 ADAPTIVE REUSE C. Regulations and Conditions: A building originally designed and constructed for another purpose may be adaptively reused in accordance with the following standards and conditions. 1. The Adaptive Reuse of a building in the C-3 District shall meet the following standards: c. For buildings fronting on River Street, at least the first 25 feet of depth at street level of the building shall be dedicated to Retail, Eating or Drinking Establishment, or Personal Service Establishment. If the proposed amendment is approved, the project would meet the standards of Section 1832 Dwelling, Multi Unit and the developer could request a Special Use Permit that would replace the PUD and move forward with his development. Chair Wittlieff opened the hearing for public comments Jim Smith 353 First Street – asked for clarification if it would only require a commercial use on River Street properties. Barry Lind, 532 Fourth Street – spoke of process for requests; noticing requirements; parking; DDA has specific concerns; spoke of the building and use; expressed concerns about the scope of changes; spoke of adaptive reuse standards; how to secure parking contracts that can’t be broken. Ms. Blakeslee spoke of the noticing requirements required under the act, process and license agreements. There being no additional comments from the public in attendance and no correspondence was receive in response to the request, Chair Wittlieff closed the public hearing at 8:30 pm City of Manistee Planning Commission Meeting Minutes of May 4, 2017 Page 6 PUBLIC COMMENT ON AGENDA RELATED ITEMS Chair Wittlieff asked if anyone in attendance had any comments on Agenda Related Items. Jim Smith 353 First Street – thanked the Planning Commission and staff for all their efforts on the amendments. NEW BUSINESS Zoning Amendment Z17-02 – Wireless Communication Facilities A public hearing was held earlier regarding a proposed zoning amendment relating to wireless communication facilities. MOTION by Roger Yoder, seconded by Ray Fortier that the Planning Commission recommends to City Council approval of a Zoning Amendment Z17-02 – Wireless Communication Facilities With a Roll Call vote this motion passed 7 to 0. Yes: Slawinski, Fortier, Barry, Yoder, Bennett, McBride, Wittlieff No: None Zoning Amendment Z17-03 – Parking Standards A public hearing was held earlier regarding a proposed zoning amendment relating to parking standards MOTION by Bob Slawinski, seconded by Roger Yoder that the Planning Commission recommends to City Council approval of a Zoning Amendment Z17-03 – Parking Standards and change the title for Section 514 to be shortened to read “Section 514 Parking, Bike Parking and Sidewalks” With a Roll Call vote this motion passed 7 to 0. Yes: Fortier, Barry, Yoder, Bennett, McBride, Slawinski, Wittlieff No: None Zoning Amendment Z17-04 – Miscellaneous Items A public hearing was held earlier regarding a proposed zoning amendment relating to miscellaneous items in the zoning ordinance. MOTION by Ray Fortier, seconded by Aaron Bennett that the Planning Commission recommends to City Council approval of a Zoning Amendment Z17-004 – Miscellaneous Items with the following changes: Section 514.A be changed to read: A. Intent and Purpose: To promote the safe, effective and efficient use of Solar Energy Systems. Preserve and protect public health, safety, welfare and quality of life by minimizing the potential adverse effects of Solar Energy Systems, including aesthetic impacts and risks to the property City of Manistee Planning Commission Meeting Minutes of May 4, 2017 Page 7 values of adjoining properties. To establish standards and procedures by which the siting, design, engineering, installation, operation and maintenance of Solar Energy Systems shall be governed. Typo in Item B.4 be corrected by changing “the” to “they” in the first sentence. Delete Item 6 (duplicate of Item 4). With a Roll Call vote this motion passed 7 to 0. Yes: Bennett, Slawinski, Fortier, Barry, Yoder, McBride, Wittlieff No: None Zoning Amendment Z17-05 – Dumpster Standards A public hearing was held earlier regarding a proposed zoning amendment relating to dumpster standards. MOTION by Roger Yoder, seconded by Marlene McBride that the Planning Commission recommends to City Council approval of a Zoning Amendment Z17-05 – Dumpster Standards with the following change: SECTION 506. G be changed to read G. Upon the recommendation of the Zoning Administrator, the Planning Commission may approve a site plan that does not comply with the requirements of this section where local conditions make full compliance impossible. With a Roll Call vote this motion passed 7 to 0. Yes: Yoder, Bennett, McBride, Slawinski, Fortier, Barry, Wittlieff No: None Zoning Amendment Z17-06 – Signs A public hearing was held earlier regarding a proposed zoning amendment relating to signs. MOTION by Maureen Barry seconded by Bob Slawinski that the Planning Commission recommends to City Council approval of Zoning Amendment Z17-06 – Signs With a Roll Call vote this motion passed 7 to 0. Yes: Barry, Yoder, Bennett, McBride, Slawinski, Fortier, Wittlieff No: None PC-2017-07 - River Parc Place II LLC, Zoning Amendment Request (Z17-07) A public hearing was held earlier regarding a request from River Parc Place II LLC for a Zoning Amendment that would amend Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks, Item H and Section 1832 Dwelling Multiple Unit, Item B.3 of the City of Manistee Zoning Ordinance. City of Manistee Planning Commission Meeting Minutes of May 4, 2017 Page 8 MOTION by Aaron Bennett seconded by Marlene McBride that the Planning Commission tabled the request until the June 1, 2017 meeting for the applicant to be present to discuss their request. With a Roll Call vote this motion passed 7 to 0. Yes: McBride, Slawinski, Fortier, Barry, Bennett, Yoder, Wittlieff No: None OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS None CORRESPONDENCE None STAFF REPORTS Denise Blakeslee, Planning & Zoning Administrator – spoke to the Commissioners about obtaining their Citizen Planner training by using Webinars. Commissioners were asked to bring their calendars with them to schedule dates in the future. MEMBERS DISCUSSION Commissioners thanked staff for their work on the Zoning Amendments. Chair Wittlieff thanked the commissioners for their work on the Oleson’s project. The next regular meeting of the Planning Commission will be held on Thursday, June 1, 2017 ADJOURNMENT Motion by Ray Fortier seconded by Roger Yoder that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 8:48 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of May 4, 2017 Page 9 Site Plan Review C-3 Central Business District Name of Owner: Tracey Lindeman Address/Parcel Code # 308 River Street / 51-452-704-23 Proposed Use: Proposed deck addition on rear of building > = Greater than Requirements Proposed Compliance < = Less than Yes +/- = More or Less than No Minimum Lot Area 2,500 sq. ft. 13,000 sq. ft. +/- X Minimum Lot Width 25 ft. 25 ft. X Maximum Building Height 4 stories, or 50 ft. No change X Maximum Lot Coverage 100% Less than 100% X Minimum Living Area 500 sq. ft. n/a Front Yard Set Back 0 ft. 0 ft. X Side Yard Set Back: 0 or 4 ft. (each side) 0 ft. X Where a building is not proposed to be sited on the side lot line, a minimum yard of four (4) feet shall be provided. Rear Yard Set Back: 6 ft. n/a Waterfront 20 ft. Greater than 20 ft X Parking Requirements: 0 n/a X Signage – subject to Article 21: no change proposed X Landscaping Requirements – subject to Section 531: no change proposed X Outdoor Lighting Requirements – subject to Section 525: no change proposed X Notes: Proposed deck addition on rear of building. Zoning Review by: PROJECT INFORMATION LEGAL DESCRIPTION AS PROVIDED: PROPERTY OWNER/APPLICANT GREEN + MILMOES ADD LOT 42 TRACEY LINDERMAN 308 RIVER STREET, MANISTEE, MI 49660 300 AUBURN ROAD MANISTEE COUNTY, MI. PILESGROVE, NJ 08098 GENERAL NOTES 856-297-0859 ZONING INFORMATION 1. CONTRACTOR TO REPLACE NATURAL VEGETATION COVERING UPON PARCEL ZONING - C3 COMPLETION OF CONSTRUCTION IN ALL DISTURBED AREAS. OWNER SHALL PROPOSED USE -PARCEL ADDRESS -308 RIVER STREET, MANISTEE, MI 49660 MAINTAIN GROUND COVER THEREAFTER. PROPERTY TAX ID : 51-452-704-23 2. CONTRACTOR TO PLACE 2 ROWS OF SILT FENCE PER MANUFACTURER'S SPECIFICATIONS AROUND PERIMETER OF CONSTRUCTION SITE. 3. CONTRACTOR TO PROVIDE PROTECTION AT EDGE OF DRAINFIELD PRIOR TO DRIVEWAY GRADING AND PAVING, AND DURING CONSTRUCTION OF RETAINING & WALL. 4. APPROXIMATE TIMING OF PROJECT: CONSTRUCTION COMMENCING FALL, TBD PROJECT COMPLETION DURING SPRING, TBD 231.839.3969 DISTRICT REGULATIONS ZONING DISTRICT - C3 MINIMUM LOT WIDTH - 25 FT. LOCATION OF EXISTING UTILITIES 387 river street, manistee, michigan 49660 231.723.9552 MINIMUM LOT AREA - 2,500 SQ. FT. MAXIMUM BUILDING HEIGHT - 4 STORIES OR 50 FT. 1. EXISTING PUBLIC AND KNOWN UNDERGROUND STRUCTURES ARE SHOWN ON THE PLANS. MAXIMUM LOT COVERAGE - 100% THE INFORMATION SHOWN IS BELIEVED TO BE REASONABLY CORRECT AND COMPLETE. MINIMUM BUILDING SETBACKS: HOWEVER, NEITHER THE CORRECTNESS OR THE COMPLETENESS OF SUCH INFORMATION IS GUARANTEED. PRIOR TO THE START OF ANY CONSTRUCTION, THE CONTRACTOR SHALL FRONT - 0 FT. NOTIFY "MISSDIG" AND REQUEST THE UTILITY COMPANIES TO MARK THE UTILITIES IN construction design inc. SIDE - 0 TO 4 FT. QUESTION. REAR- - 6 FT. WATERFRONT YARD - 20 FT. 2. SPECIAL CARE SHALL BE TAKEN IN EXCAVATING IN THE PROXIMITY OF ALL UNDERGROUND UTILITIES. THE CONTRACTOR SHALL PROVIDE SUPPORT FOR ANY UTILITIES WITHIN THE EXCAVATION, PROVIDE PROPER COMPACTION UNDER ANY UNDERMINED UTILITY STRUCTURE AND IF NECESSARY, INSTALL TEMPORARY SHEETING OR USE A TRENCH BOX TO MINIMIZE THE EXCAVATION. CONTRACTOR SHALL PROTECT AND SAVE HARMLESS FROM DAMAGE ALL UTILITIES, ABOVE OR BELOW THE GROUND SURFACE, WHICH MAY BE ENCOUNTERED DURING CONSTRUCTION. ed kriskywicz ed@cdihomedesigns.com www.cdihomedesigns.com cdi drawn by: date: job # sheet # PROJECT LOCATION job # date: ed kriskywicz & sheet # drawn by: construction design inc. 387 river street, manistee, michigan 49660 231.723.9552 231.839.3969 ed@cdihomedesigns.com www.cdihomedesigns.com cdi Ordinance Z17-07 AN ORDINANCE TO AMEND IN PART AN ORDINANCE ENTITLED “MANISTEE CITY ZONING ORDINANCE” WHICH WAS ADOPTED FEBRUARY 21, 2006, To Amend the Manistee City Zoning Ordinance Article 5: General Provisions AMEND Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks, Item H Article 18: Standards and Requirements for Special Uses AMEND Section 1832 Dwelling, Multiple Unit, Item B.3 ______________________________________________________________________________ THE CITY OF MANISTEE, MANISTEE COUNTY, MICHIGAN, ORDAINS: 1. That Article 5: General Provisions, Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks, Item H be AMENDED as follows: SECTION 514 VEHICULAR PARKING SPACE, ACCESS, AND BIKE PARKING AND SIDEWALKS H. For all permitted uses and special uses in the C-3 District the parking provisions of this section shall not apply, except to hotels, motels, and residential use condominiums. Required parking shall be provided within two hundred (200) feet of the building. One (1) space shall be provided per dwelling unit. 2. That Article 18: Standards and Requirements for Special Uses, Section 1832 Dwelling, Multiple Unit, Item B.3 be AMENDED as follows: SECTION 1832 DWELLING, MULTIPLE UNIT B. Regulations and Conditions. 3. n the C-3 District, dwelling units shall not be located on the street level or basement except in those locations where resident privacy can be provided by building design, courtyards, topography or similar design; such as daylight or walkout dwelling units along the riverfront or into a secured and private side or rear yard. Provided, however, that in a mixed-use building fronting on River Street, at least the first 20 feet of depth at street level of the building shall be dedicated to a commercial use. located in C-2 or C-3 Districts, the street level of a Multiple Unit Dwelling structure shall be dedicated to retail, commercial or office uses for a depth of not less than twenty feet from the street. 3. CONFLICTING ORDINANCES: that any and all ordinances of City of Manistee which may conflict with the provisions of this ordinance be and are hereby rescinded. 4. EFFECTIVE DATE: This Ordinance shall take effect seven days after publication in the Manistee News Advocate. 1|Page ________________________________________ James Smith, Mayor Dated ATTEST: ___________________________________ Michelle Wright Dated City Clerk/Deputy Treasurer 2|Page

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