Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, January 4, 2018 7:00 p.m. - Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan AGENDA I Call to Order II Roll Call III Approval of Agenda At this time the Planning Commission can take action to approve the January 4, 2018 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the December 7, 2017 meeting Minutes. V Public Hearing VI Public Comment on Agenda Related items VII New Business Draft Ordinance Amendment - Medical Marihuana Staff will present a draft Ordinance Amendment for Medical Marihuana Facilities for the Commission to review. The Commissioners will review the draft ordinance amendment and if they wish can schedule a public hearing for the proposed amendment for the February 1, 2018 DDA Presentation Tyler Leppanen, DDA Director will present a presentation prepared by MSU to develop a future vision for the River Street Streetscape and the Riverwalk to the Commission. The Commissioners will provide their feedback to Mr. Leppanen. Sub-Committee Appointments According to the By-Laws of the City of Manistee Planning Commission the Chair will appoint Page 1 of 2  members of the Planning Commission to serve on Sub-Committees of the Planning Commission and one member who shall serve on the Zoning Board of Appeals. By Law Review According to the By-Laws of the City of Manistee Planning Commission shall annually review their By-Laws at the regularly scheduled meeting in January. At this time the Planning Commission could take action to make changes to their By-Laws if necessary. 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 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 To: Planning Commissioners Planning & Zoning Director 70 Maple Street Manistee, MI 49660 FROM: Denise Blakeslee, Planning & Zoning Director 231.398.2805 dblakeslee@manisteemi.gov DATE: December 19, 2017 www.manisteemi.gov RE: January 4, 2018 Planning Commission Meeting Commissioners, the next meeting of the Planning Commission will be on Thursday, January 4, 2018. We have the following items on the agenda: Draft Ordinance Amendment - Medical Marihuana - Staff will present a draft Ordinance Amendment for Medical Marihuana Facilities for the Commission to review. The Commissioners will review the draft ordinance amendment and if they wish can schedule a public hearing for the proposed amendment for the February 1, 2018. DDA Presentation - Tyler Leppanen, DDA Director will present a presentation prepared by MSU to develop a future vision for the River Street Streetscape and the Riverwalk to the Commission. Sub-Committee Appointments - According to the By-Laws of the City of Manistee Planning Commission the Chair will appoint members of the Planning Commission to serve on Sub- Committees of the Planning Commission and one member who shall serve on the Zoning Board of Appeals. By Law Review - According to the By-Laws of the City of Manistee Planning Commission shall annually review their By-Laws at the regularly scheduled meeting in January. Packets are being mailed early due to the holiday. If additional items come in we can amend the agenda as needed. If you are unable to attend the meeting, please leave a message at 398.2805.  CITY OF MANISTEE PLANNING COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES December 7, 2017 A meeting of the Manistee City Planning Commission was held on Thursday, December 7, 2017 at 7 pm 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, Marlene McBride, Bob Slawinski, Mark Wittlieff, Roger Yoder Members Absent: Ray Fortier (excused) Others: Linda Beaton (City Council Member), Roger Zielinski (City Council Member) Denise Blakeslee (Planning & Zoning Director), Kelly McColl (Recording Secretary) APPROVAL OF AGENDA Motion by Roger Yoder, seconded by Marlene McBride that the agenda be approved as prepared. With a Roll Call vote this motion passed 5 to 0. Yes: Barry, Slawinski, Yoder, McBride, Wittlieff No: None APPROVAL OF MINUTES Motion by Maureen Berry, seconded by Bob Slawinski that the minutes of the October 5, 2017 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 5 to 0. Yes: Yoder, Barry, Slawinski, McBride, Wittlieff No: None The November Meeting was cancelled. City of Manistee Planning Commission Meeting Minutes of December 7, 2017 Page 1 PUBLC HEARING None PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS Election of Officers 2018 According to the By-Laws of the City of Manistee Planning Commission their annual election of Officers is held at the December Meeting for the following year. Chair At this time the meeting was turned over to Denise Blakeslee who asked for nominations for the Position of Chair. Marlene McBride, seconded by Maureen Berry nominated Mark Wittlieff for the position of Chair. Nominations were asked for three times. There being no other nominations, nominations were closed. With a roll call vote, Mark Wittlieff was elected Chair of the Planning Commission for 2018, 5 to 0. Yes: Wittlieff, McBride, Slawinski, Barry, Yoder No: None Vice-Chair Denise Blakeslee asked for nominations for the Position of Vice-Chair. Mark Wittlieff, seconded by Marlene McBride nominated Maureen Berry for the position of Vice-Chair. Nominations were asked for three times. There being no other nominations, nominations were closed. With a roll call vote, Maureen Berry was elected Vice - Chair of the Planning Commission for 2018, 5 to 0. Yes: Wittlieff, Yoder, Slawinski, Berry, McBride No: None Secretary Denise Blakeslee asked for nominations for the Position of Secretary. Roger Yoder, seconded by Maureen Berry nominated Marlene McBride for the position of Secretary. Nominations were asked for three times. There being no other nominations, nominations were closed. City of Manistee Planning Commission Meeting Minutes of December 7, 2017 Page 2 With a roll call vote, Marlene McBride was elected Secretary of the Planning Commission for 2018, 5 to 0. Yes: Yoder, Barry, McBride, Slawinski, Wittlieff No: None Appointment of a Recording Secretary 2018 Once Elected the Secretary may appoint a Recording Secretary to handle the administrative functions of the office. Marlene McBride appointed Kelly McColl to act as the Recording Secretary for the Planning Commission for the year 2018. OLD BUSINESS Driveway Standards The Planning Commission continued their discussion on Driveway Standards and were provided copies of MDOT standards that Commissioner Slawinski provided. Commission discussed making a change to the current Driveway Standards (20 feet). Denise Blakeslee was asked what the typical driveway increase a resident requests. 3 to 5 feet was her answer. After discussion regarding curb cuts, shared driveways, and parking standards the Commissioners were in agreement to keep the current Driveway Standards. PUBLIC COMMENTS AND COMMUNICATIONS Roger Zielinski voiced his agreement with the commissioners as he commented that with his standard sized driveway, he is able to park his motorhome. CORRESPONDENCE None STAFF REPORTS Denise Blakeslee, Planning & Zoning Director – Medical Marijuana discussion, she advised the commission that if the City Council decide to approve the Medical Marijuana Codified Ordinance, the Planning Commission will begin working on the zoning ordinance. Commissioners discussed concerns regarding Medical Marijuana within the City limits; including locations, parking, odor, mix use requirements, and others. Ms. Blakeslee answered many of these concerns. She reminded the Commissioners that their presence is requested at the joint meeting with the City Council on Tuesday, December 12. City of Manistee Planning Commission Meeting Minutes of December 7, 2017 Page 3 MEMBERS DISCUSSION Marlene McBride wished everyone Happy Holidays. The next regular meeting of the Planning Commission will be held on Thursday, January 4, 2018. ADJOURNMENT Motion by Roger Yoder, seconded by Bob Slawinski that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 7:40 pm MANISTEE PLANNING COMMISSION ____________________________________ Kelly McColl, Recording Secretary City of Manistee Planning Commission Meeting Minutes of December 7, 2017 Page 4  Ordinance Z18-__ 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 2: Definitions and Interpretation ADD definition for grower to Section 208 G ADD definition for licensee to Section 231 L ADD definitions for Marijuana or Marihuana and Marihuana Facility to Section 214 M ADD definitions for processor to Section 217 P ADD definitions for safety compliance facility and secure transport to Section 220 S Article 3: Districts Dimensional Standards Uses Table and Zoning Map Table 3-2 be AMENDED by ADDING Marihuana Grower, Marihuana processer, Marihuana Secure Transporter and Marihuana safety compliance facility as a Special Land Use in P-D, C-1, L-I and GI Article 4: Non Conformities ADD Section 409 Marihuana Facilities Article 6: P-D Peninsula District AMEND Section 600 Purpose and Intent by ADDING Marihuana Grower as a component of a Mixed Use Development, Marihuana Processer as a component of a Mixed Use Development, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a component of a Mixed Use Development as a Special Use AMEND Section 602 Uses Permitted by Special Land Use by ADDING Item P. Marihuana Grower as a component of a Mixed Use Development, Item Q. Marihuana Processor as a component of a Mixed Use Development, R. Marihuana Secure Transporter, and Item S. Marihuana Safety Compliance Facility as a component of a Mixed Use Development as a Special Use Article 10: C-1 Regional Commercial District AMEND Section 1000 Purpose and Intent by ADDING Marihuana Grower Marihuana Processer, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a Special Use AMEND Section 1002 Uses Permitted by Special Land Use by ADDING Item M. Marihuana Grower, Item N. Marihuana Processor, O. Marihuana Secure Transporter, and Item P. Marihuana Safety Compliance Facility Article 16: Light Industrial District AMEND Section 1600 Purpose and Intent by ADDING Marihuana Grower Marihuana Processer, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a Special Use AMEND Section 1602 Uses Permitted by Special Land Use by ADDING Item I. Marihuana Grower, Item J. Marihuana Processor, K. Marihuana Secure Transporter, and Item L. Marihuana Safety Compliance Facility 1|Page  Article 17: General Industrial District AMEND Section 1700 Purpose and Intent by ADDING Marihuana Grower Marihuana Processer, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a Special Use AMEND Section 1702 Uses Permitted by Special Land Use by ADDING Item F. Marihuana Grower, Item G. Marihuana Processor, H. Marihuana Secure Transporter, and Item I. Marihuana Safety Compliance Facility Article 18: Standards and Requirements for Special Land Uses ADD Section 1851 Marihuana Facilities ______________________________________________________________________________ THE CITY OF MANISTEE, MANISTEE COUNTY, MICHIGAN, ORDAINS: 1. That Article 2: Definitions and Interpretation, Section 208 G ADD a definition for grower as follows: GROWER: Means a licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center. 2. That Article 2: Definitions and Interpretation, Section 213 L ADD a definition for licensee as follows: LICENSEE: Means a person holding a state operating license issued under the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. 3. That Article 2: Definitions and Interpretation, Section 214 M ADD definitions for Marijuana or Marihuana and Marihuana facility as follows: MARIJUANA or MARIHUANA: Means that term as defined in the Public Health Code, MCL 333.1101 et seq.; the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; and the Marihuana Tracking Act, MCL 333.27901 et seq. MARIHUANA FACILITY: Means an enterprise at a specific location at which a licensee is licensed to operate under the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., including a marihuana grower, marihuana processor, marihuana provisioning center, marihuana secure transporter, or marihuana safety compliance facility. The term does not include or apply to a “primary caregiver” or “caregiver” as that term is defined in the Michigan Medical Marihuana Act, MCL 333.26421 et seq. 4. That Article 2: Definitions and Interpretation, Section 217 P ADD definitions for processor as follows: PROCESSOR: Means a licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana- infused product for sale and transfer in packaged form to a provisioning center. 2|Page 5. That Article 2: Definitions and Interpretation Section 220 S ADD definitions for safety compliance facility and secure transporter as follows: SAFETY COMPLIANCE FACILITY: Means a licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility. SECURE TRANSPORTER: Means a licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee. 6. Article 3: Districts Dimensional Standards Uses Table and Zoning Map; Table 3-2 be AMENDED by ADDING Marihuana Grower, Marihuana Processer, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a Special Use in P-D, C-1, L-I and G-I as follows: CITY OF MANISTEE – Table of Land Uses Table 3-2 Uses Permitted by Right and Special Land Use Permit (R=Use by Right; SLU=Use Permitted as Special Land Use; * Indicates Use Permitted as Special Land Use on Key Street Segment) ** Indicates Use Permitted as Special Land Use as part of a Mixed Use Development and requires a Special Use Permit USES P-D G-C R-1 R-2 R-3 R-4 W-F C-1 C-2 C-3 L-I G-I Peninsula Golf Low Med High Mfg. Water- Reg’l Neigh. Bus Central Light Gen District Course Density Density Density Housing front Com Bus Ind Ind Marihuana Grower SLU** SLU SLU SLU Marihuana Processer SLU** SLU SLU SLU Marihuana Secure Transporter SLU** SLU SLU SLU Marihuana Safety Compliance Facility SLU** SLU SLU SLU 7. That Article 4: Non Conformities be amended by ADDING Section 409 Marihuana Facilities as follows: SECTION 409 MARIHUANA FACILITIES A. No marihuana facility operating or purporting to operate prior to December 15, 2017, shall be deemed to have been a legally existing use nor shall the operation of such marihuana facility be deemed a legal nonconforming use under this Ordinance. B. A property owner shall not have vested rights or nonconforming use rights that would serve as a basis for failing to comply with this Ordinance or any amendment thereto. C. Discontinuation of a state medical marihuana facility license shall constitute prima facie evidence that a nonconformity has been discontinued. 8. That Article 6: P-D Peninsula, Section 600 Purpose and Intent, be AMENDED by ADDING Marihuana Grower as a component of a Mixed Use Development, Marihuana Processer as a component of a Mixed Use Development, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a component of a Mixed Use Development, as follows: SPECIAL USES  Marihuana Grower as a component of a Mixed Use Development  Marihuana Processer as a component of a Mixed Use Development 3|Page  Marihuana Secure Transporter as a component of a Mixed Use Development  Marihuana Safety Compliance Facility as a component of a Mixed Use Development 9. That Article 6: P-D Peninsula, Section 602 Uses Permitted by Special Land Uses, be AMENDED by ADDING Item P. Marihuana Grower as a component of a Mixed Use Development, Item Q. Marihuana Processor as a component of a Mixed Use Development, R. Marihuana Secure Transporter, and Item S. Marihuana Safety Compliance Facility as a component of a Mixed Use Development as follows: P. Marihuana Grower, subject to Section 1851, as a component of a Mixed Use Development Q. Marihuana Processer, subject to Section 1851 as a component of a Mixed Use Development R. Marihuana Secure Transporter, subject to Section 1851 as a component of a Mixed Use Development S. Marihuana Safety Compliance Facility, subject to Section 1851 as a component of a Mixed Use Development Renumber list as needed 10. That Article 10: C-1 Regional Commercial District, Section1000 Purpose and Intent, be AMENDED by ADDING Marihuana Grower, Marihuana Processer, Marihuana Secure Transporter, and Marihuana Safety Compliance Facility as follows: SPECIAL USES  Marihuana Grower  Marihuana Processer  Marihuana Secure Transporter  Marihuana Safety Compliance Facility 11. That Article 10: C-1 Regional Commercial District, Section 1002 Uses Permitted by Special Land Uses, be AMENDED by ADDING Item M. Marihuana Grower, Item N. Marihuana Processor, O. Marihuana Secure Transporter, and Item P. Marihuana Safety Compliance Facility as follows: M. Marihuana Grower, subject to Section 1851 N. Marihuana Processer, subject to Section 1851 O. Marihuana Secure Transporter, subject to Section 1851 P. Marihuana Safety Compliance Facility, subject to Section 1851 Renumber list as needed 12. That Article 16: Light Industrial District, Section 1600 Purpose and Intent, be AMENDED by ADDING Marihuana Grower, Marihuana Processer, Marihuana Secure Transporter, and Marihuana Safety Compliance Facility as follows: SPECIAL USES  Marihuana Grower  Marihuana Processer  Marihuana Secure Transporter  Marihuana Safety Compliance Facility 4|Page 13. That Article 16: Light Industrial District, Section 1602 Uses Permitted by Special Land Uses, be AMENDED by ADDING Item I. Marihuana Grower, Item J. Marihuana Processor, K. Marihuana Secure Transporter, and Item L. Marihuana Safety Compliance Facility as follows: I. Marihuana Grower, subject to Section 1851 J. Marihuana Processer, subject to Section 1851 K. Marihuana Secure Transporter, subject to Section 1851 L. Marihuana Safety Compliance Facility, subject to Section 1851 Renumber list as needed 14. That Article 17: General Industrial District, Section 1700 Purpose and Intent, be AMENDED by ADDING Marihuana Grower, Marihuana Processer, Marihuana Secure Transporter, and Marihuana Safety Compliance Facility as follows: SPECIAL USES  Marihuana Grower  Marihuana Processer  Marihuana Secure Transporter  Marihuana Safety Compliance Facility 15. That Article 17: General Industrial District, Section 1702 Uses Permitted by Special Land Uses, be AMENDED by ADDING Item F. Marihuana Grower, Item G. Marihuana Processor, H. Marihuana Secure Transporter, and Item I. Marihuana Safety Compliance Facility as follows: F. Marihuana Grower, subject to Section 1851 G. Marihuana Processer, subject to Section 1851 H. Marihuana Secure Transporter, subject to Section 1851 I. Marihuana Safety Compliance Facility, subject to Section 1851 Renumber list as needed 16. That Article 18: Standards and Requirements for Special Uses be amended by ADDING Section 1851 Marihuana Facilities as follows: SECTION 1851 MARIHUANA FACILITIES A. Definition. Marihuana Facilities means an enterprise at a specific location at which a licensee is licensed to operate under the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., including a marihuana grower, marihuana processor, marihuana provisioning center, marihuana secure transporter, or marihuana safety compliance facility. The term does not include or apply to a “primary caregiver” or “caregiver” as that term is defined in the Michigan Medical Marihuana Act, MCL 333.26421 et seq. B. Regulations and Conditions. 1. A marihuana grower, marihuana processor, marihuana secure transporter, and marihuana safety compliance facility, in accordance with the provisions of state law, may be permitted through the issuance of a special use permit pursuant to Article 18 Standards and Requirements for Special Uses provided that: 5|Page  a. In the P-D District such uses shall be permitted only as part of a mixed use building or development in which no more than forty-nine percent (49%) of the combined floor area of a building or buildings within the development are utilized and shall be further regulated by the provisions of Section 1858. b. At the time of application for a special use permit the marihuana facility must be licensed by the State of Michigan and then must be at all times in compliance with the laws of the State of Michigan including but not limited to the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; and the Marihuana Tracking Act, MCL 333.27901 et seq.; and all other applicable rules promulgated by the State of Michigan. d. The use or facility must be at all times in compliance with Chapter 866 Medical Marihuana Facilities all other applicable laws and ordinances of the City of Manistee. e. A marihuana facility, or activities associated with the licensed growing, processing, testing, transporting, or sales of marihuana , may not be permitted as a home business or accessory use nor may they include accessory uses except as otherwise provided in this ordinance. 2. Marihuana growers and marihuana processors. Marihuana growers and marihuana processors shall be subject to the following standards: a. Odor. As used in this subsection, building means the building, or portion thereof, used for marihuana production or marihuana processing. 1) The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter. 2) The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter (s) shall be rated for the applicable CFM. 3) The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days. 4) Negative air pressure shall be maintained inside the building. 5) Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building. 6) An alternative odor control system is permitted if the special use permit applicant submits and the municipality accepts a report by a mechanical engineer licensed in the State of Michigan demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required. The municipality may hire an outside expert to review the alternative system design and advise as to its comparability and whether in the opinion of the expert it should be accepted. b. All off-street parking shall be in compliance with Section 514 of this Ordinance. c. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance. d. All exterior lighting shall be in accordance with Section 525 hereof. 3. Marihuana Safety Compliance Facility. All activities of a marihuana safety compliance facility, including all transfers of marihuana, shall be conducted within the structure and out of public view. 4. Marihuana Secure Transporter. A marihuana secure transporter shall be subject to the special regulations and standards applicable to Section 1899 Warehouse, Public uses in the Ordinance. 6|Page 17. 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. 18. EFFECTIVE DATE: This Ordinance shall take effect ten days after publication in the Manistee News Advocate. ________________________________________ James W. Smith, Mayor Dated ATTEST: ___________________________________ Heather Pefley Dated City Clerk 7|Page The Manistee Downtown Development Authority was successful in securing Michigan State University (MSU) assistance through a competitive application process to develop a future vision for the River Street streetscape and the Riverwalk, as well as the intersection of River Street and Cyprus Street (US 31) within downtown Manistee. The main goals of this project are to develop a re-visioning of the current underutilized backs of buildings along the Riverwalk into a more user friendly and attractive place for people to use, improve the streetscape of River Street to become more pedestrian friendly and walkable, and to improve the visual appearance and first impression of the River Street/Cypress Street (US 31) intersection. On August 28, 2017 the first of three public input sessions took place. After receiving comments and input from the community the MSU team put together the following presentation with conceptual plans for the project area. The next step is for the community to provide feedback as to what you like and do not like about the designs. MSU will present the final report in the spring of 2018. You can provide feedback by going to the city of Manistee website http://www.manisteemi.gov/ and email your comments to Tyler Leppanen, Manistee DDA executive and economic development director, tyler.leppanen@manisteedowntown.com, or stop into City Hall at the front desk and fill out a comment form. Another option is to go to the Downtown Manistee Facebook page and comment on each picture. With your help and insights, we can create a community vision for our downtown. PROJECT TIME FRAME August 28, 2017: Winter/Spring December 7, 2017: 2018: Meeting One 2018: Meeting Two Initiate Community Meeting Three Design Input Implementation Visioning Final Presentation Follow-Up Input Activity Please use sticky notes and a pen or pencil and place your thoughts onto the character images, preliminary concept plan and design images located around the room. For additional comments, please use the paper handouts. 1. What do you like about the designs presented today? 2. What do you dislike about the designs presented today? 3. What improvements/additions would you like to see regarding the designs presented today? Next Steps: Final Recommendations Meeting Three Presentation (Scheduled for Winter/Spring 2018) THANK YOU For more information, please contact: Wayne Beyea, beyea@msu.edu Warren Rauhe, rauhe@msu.edu  MANISTEE CITY PLANNING COMMISSION COMMITTEE APPOINTMENTS 2017 COMMITTEE 2017 APPOINTEES EXECUTIVE COMMITTEE/ ORDINANCE RE-WRITE COMMITTEE Maureen Barry - Vice Chair Marlene McBride - Secretary Executive Committee of the Planning Commission (Chair, Vice Mark Wittlieff - Chair Chair, and Secretary). Meet as needed Members of this committee will assist in reviewing the Zoning Ordinance for areas that need to be changed and/or updated and if needed review Zoning Ordinance Amendments with the City Council Ordinance Review Committee SITE PLAN REVIEW/ SUBDIVISION COMMITTEE Marlene McBride Mark Wittlief Site Plan Review Committee – Needed for Medium Site Plans Roger Yoder for new construction; the Zoning Administrator has the option to forward requests to the Committee. Committee Reviews required for Planned Unit Developments. 2 Alternates Maureen Barry Subdivision Committee - This committee is required under Bob Slawinski section 1242.03 of the Code of Ordinances. Meet as needed ZONING BOARD OF APPEALS Ray Fortier One member of the Planning Commission also serves on the Zoning Board of Appeals Meet as needed 5:30 p.m.  CITY OF MANISTEE PLANNING COMMISSION BY- LAWS AND RULES OF PROCEDURES 1. AUTHORITY These By- laws and Rules of Procedures are adopted by the Planning Commission of the City of Manistee, County of Manistee, ( hereinafter referred to as the Commission) pursuant to Public Act 110 of 2006, as amended, the Michigan Zoning Enabling Act; Public Act 33 of 2008, as amended being the Michigan Planning Enabling Act, the City of Manistee Zoning Ordinance, and the Public Act 267 of 1976, as amended, the Open Meetings Act. 2. OFFICERS 2. 1 Selection. At the December meeting, the Planning Commission shall elect a chair, vice- chair and secretary who shall serve for the next twelve ( 12) months and who shall be eligible for re- election. Vacancies in an office of the Commission shall be filled at the next regular meeting of the Commission. The membership shall elect one of its members to fill the vacancy until the next annual election. 2. 2 Duties. The chair shall preside at all meetings and shall conduct all meetings in accordance with the rules provided herein. D. The vice- chair shall act in the capacity of the chair in the absence of the chair or in the event of a vacancy in the office of chair; in which case, the Commission shall select a successor to the office of vice- chair at the earliest practicable time. D The Secretary shall be responsible for execution of documents in the name of the Planning Commission, the preparation of minutes, keeping of pertinent public records, delivering communications, reports, and related items of business of the Commission, issuing notices of public hearings and performing related administrative duties to assure efficient and informed Commission operations. The Secretary may appoint a Recording Secretary to handle the administrative functions of the office. In the event the Secretary is absent, the chair or acting chair shall appoint a temporary secretary for such meeting. 2. 3 Tenure. The officers shall take office at the first regularly scheduled meeting immediately following their election. They shall hold their office for a term of one year, or until their successors are elected and assume office. 3. MEETINGS 3. 1 Meeting Notice. Notice of all meetings shall be posted at City Hall by December 31st of each year. The notice shall include the date, time and place of the meeting. Any changes in the date or time of the regular meetings shall be posted and noticed in the same manner as originally established. When a regular meeting date falls on or near a legal holiday, the Commission shall select suitable alternate dates in the same month, in accordance with the Open Meeting act. 3. 2 Removal from Office. The legislative body may remove a member of the planning commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. City of Manistee Planning Commission Page 1 By- Laws and Rules of Procedures  3. 3 Commission Absences. In order to maintain the maximum participation of all appointed Planning Commission members at all scheduled meetings, the following is the attendance guide and Commissioner replacement policy for" excused" or" unexcused" absences: 1. When appointed, each Commissioner should state his/ her willingness and intention to attend each scheduled meeting of the Planning Commission. 2. In the event of unplanned personal matters, business trips, family vacation trips, changed job requirements, sickness, or other physical disabilities that prohibit the Commissioner from attending the scheduled meeting; the Commission Chair or staff Liaison to the Planning Commission should be notified as soon as possible prior to the time of the scheduled meeting of their inability to attend. The Commissioner upon this notification will receive an" excused absence" for the involved scheduled meeting. 3. If any Commissioner is absent from three ( 3) consecutive scheduled meetings without an " excused absence" for any of the three ( 3) meetings, the Commissioner shall be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question his/ her continued ability or interest in being on the Commission, giving the member a chance to rectify the attendance issue or submit a resignation. 4. There will be no limit on the number of consecutive " excused absences" for any Commissioner. However, if the Commissioner is repeatedly absent for at least 50% of the yearly scheduled meetings, that member will also be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question the member' s continued ability or interest to be on the Commission. The Commissioner will be considered for appointment nullification when the absences total six in the calendar year. 5. The appointment nullification action would be initiated by the City Manager and forwarded on to the City Council for official action. 3. 4 Special Meetings. A special meeting may be called by three members of the Planning Commission request to the Secretary or by the Chairperson. upon written The business which the Planning Commission may perform shall be conducted at a public meeting of the Planning Commission held in compliance with the Open meeting Act. Public Notice of the time, date, and place of the special meeting shall be given in a manner as required by the Open Meeting act, and the Secretary or Recording Secretary shall provide notice to commission members by writing, telephone, or e- mail. 3. 5 Quorum. In order for the Commission to conduct business or take any official actions, a quorum consisting of at least four of the seven members of the Commission shall be present. When a quorum is not present, no official action, except for the closing of the meeting may take place. The members of the commission may discuss matters of interest, but shall take no action until the next regular or special meeting. All public hearings without a quorum shall be scheduled for the next regular or special meeting and no additional public notice is required provided the date, time and place is announced at the meeting. 3. 6 Public Hearings. Hearings shall be scheduled and due notice given in accordance with the provisions of the Acts and Ordinance cited in Section 1. Public hearings conducted by the Planning Commission shall be run in an orderly and timely fashion. This shall be accomplished by the following procedure. City of Manistee Planning Commission By- Laws and Rules of Procedures Page 2  1. The Chair of the Planning Commission shall announce that a public hearing will be conducted on a request. 2. The Chair may read the public hearing announcement as published in the newspaper and give a brief description of the hearing subject and the public notice procedure. 3. The Chair may announce the following hearing rules: a. The Chair will recognize each speaker. When a speaker has the floor, he/ she is not to be interrupted unless time has expired. Persons speaking without being recognized shall be out of order. b. Each speaker shall state their name and address for the record and may present written comments for the record. c. Speakers shall address all comments and questions to the Planning Commission and comments will be limited to the subject matter of the Public Hearing. d. Unless waived by the Planning Commission for a specific meeting or a specific speaker, public comment shall be limited to five ( 5) minutes per speaker, one time only. If a group of people wish to be heard on one subject, a spokesperson may be designated who may request that more than five ( 5) minutes be permitted for collective comments of the group as presented by that speaker. e. The Chair may require that repetitive comments be limited or abbreviated in the interest of saving time and allowing others to speak. Everyone shall have an opportunity to speak before someone is allowed to speak a second time. f. The Chair may establish additional rules of procedure for particular hearings as he/ she determines appropriate. g. Normal civil discourse and decorum is expected at all times. Applause, shouting, outbursts, demonstrations, name- calling or other provocative speech or behavior may result in removal from the hearing or an adjournment. 4. Once all public comments have been stated, the Chair shall close the hearing. Any voting member of the Planning Commission may initiate a motion to close the hearing. 5. Public Hearings may be carried out in the following format: a. The Chair shall open the hearing. b. The Applicant shall present any comments and explanation of the case. Applicant' s presentation shall not be subject to the five ( 5) minute limitation. c. The City staff and any consultants serving the City shall present their reports. d. The hearing will be opened for public comment. e. The public comment period will be closed. f. Deliberation and discussion by the Planning Commission. g. Disposition of the case by the Planning Commission. 3. 7 Motions. Motions shall be restated by the Chair before a vote is taken. The name of the maker and supporter of each motion shall be recorded. 3. 8 Voting. An affirmative vote of the majority of those members present shall be required for the approval of any requested action or motion placed before the Commission. Voting shall ordinarily be by voice vote; provided however that a roll call vote shall be required if requested by any Commission member or directed by the Chairperson. All members of the Commission including the Chairperson shall vote on all matters, but the Chairperson shall vote last. City of Manistee Planning Commission By- Laws and Rules of Procedures Page 3  3. 9 Order of Business. A written agenda for all regular meetings shall be prepared as followed. The order of business shall be: Call to Order. Roll Call Approval of Agenda Approval of Minutes Public Hearings Public Comment on Agenda related items New Business Old Business Public Comments and Communications Correspondence Staff Reports Members discussion Adjournment A written agenda for special meeting shall be prepared and followed, however the form as enumerated above shall not be necessary. 3. 10 Rules of Order. All meetings of the Commission shall be conducted in accordance with generally accepted parliamentary procedure as adopted by City Council for all Boards and Commissions within the City of Manistee. 3. 11 Agenda Items. For an item to be considered at a regular Planning Commission meeting, it must be submitted to the City Community Development Department no later than the established policy of the City prior to the next scheduled Planning Commission Meeting. 3. 12 Conflict of Interest:Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the planning commission. The member is disqualified from voting on the matter if so provided by the bylaws or by a majority vote of the remaining members of the planning commission. 1. As used here, a conflict of interest shall at a minimum include, but not necessarily be limited to, the following: a. A commission member issuing, deliberating, voting or reviewing a case concerning himself. b. A commission member issuing, deliberating, voting or reviewing a case concerning work on land owned by himself. c. A commission member issuing, deliberating, voting or reviewing a case involving a corporation, company, partnership, or other entity in which he is a part owner, or any other relationship where he may stand to have a financial gain or loss. d. A commission member issuing, deliberating, voting or reviewing a case which is an action which results in a pecuniary benefit to himself. e. A commission member issuing, deliberating, voting or reviewing a case concerning his spouse, children, step- child, grandchildren, parents, brother, sister, grandparents, parents in- law, grandparents in- law or member of his household. f. A commission member may consider the possibility of declaring a conflict of interest if his/ her home falls within a notification radius used for a Public Hearing. Because the sending of the notice automatically presumes some degree of interest, this fact City of Manistee Planning Commission By- Laws and Rules of Procedures Page 4  should be recognized by declaring a conflict, particularly if a financial impact is likely. g. A commissioner who feels, in his/ her judgment that his/ her job, scope of duties and/ or position may be at risk, pending the outcome of the permitting process. 2. A commission member shall, when he/ she has a conflict of interest do the following immediately, upon the first review of the case and determining a conflict exists: a. declare a conflict exists at the beginning of the meeting where the case appears on the agenda, or when the topic brought up so such declaration is recorded in the minutes, and b. refrain from participating in the discussion, site inspection or review of the case, except where specific information has been requested by the commission, and c. refrain from casting a vote on any motion having to do with the case. 4. MINUTES 4. 1 Preparation. Commission minutes shall be prepared by the Secretary or Recording Secretary of the Commission. The minutes shall contain a brief synopsis of the meeting, including a complete restatement of all motions and recording votes; complete statement of the conditions or recommendations made on any action; and recording of attendance. All communications, action and resolutions shall be attached to the minutes. 5. OPEN MEETINGS AND FREEDOM OF INFORMATION PROVISIONS 5. 1 All meetings of the Commission shall be open to the public and held in a place available to the general public. 5. 2 All deliberations and decision of the Commission shall be made at a meeting open to the public. 5. 3 A person shall be permitted to address a hearing of the Commission under the rules established in subsection 3. 5, and to address the Commission concerning non- hearing matters at the time designated for such comments. 5. 4 A person shall not be excluded from a meeting of the Commission except for breach of the peace, committed at the meeting. 5. 5 All records, files, publications, correspondences, and other materials are available to the public for reading, copying, and other purposes as governed by the Freedom of Information Act. 6. COMMITTEES 6. 1 Executive Committee. The Executive Committee of the Planning Commission shall consist of the Chair, Vice - Chair and Secretary. The Executive Committee shall be the Joint Ordinance Review Committee. 6. 2 Committees. The Planning Commission or Chair of the Planning commission may establish and appoint standing and/ or ad hoc committees for special purposes or issues, as deemed necessary. No more than three members of the Planning Commission may serve on a standing and/ or ad hoc committee at any given time. Committee appointments shall be City of Manistee Planning Commission Page 5 By- Laws and Rules of Procedures  made at the first regular meeting held in January of each year or at the time the committee is formed. 6. 3 Rules of Procedure. All Sub- committees are subservient to the Planning Commission and report their recommendations to the Planning Commission for review and action and shall be conducted in accordance with generally accepted parliamentary procedure as adopted by City Council for all Boards and Commissions within the City of Manistee. 7. ANNUAL REVIEW OF BY- LAWS The Commission shall annually review their By- Laws at the regularly scheduled meeting in January. 8. AMENDMENTS These rules may be amended by the Commission by a concurring vote subject to subsection 3. 7, during any regular meeting, provided that all members have received an advanced copy of the proposed amendments at least three ( 3) days prior to the meeting at which such amendments are to be considered. 3rd I HEREBY CERTIFY that the above Bylaws were adopted the day of January 2013. e Maureen Barry, Secret As Amended by the Planning Commission at their regularly scheduled meeting of March 5, 2009. Amendments included requirements of the new Michigan Zoning Enabling Act and Michigan Planning Enabling Act.] Annotation: As approved by the City Council at their June 2, 2009 Meeting- Council authorized the bylaw amendments for all Boards and Commissions to include the new Board Absences language; directed all boards or commissions to implement and follow these changes as Council has requested; and authorized the Mayor to sign the amended bylaws.] Annotation: Section 3. 9 Order of Business was amended at the January 6, 2011 Planning Commission Meeting by adding" Public Comment on Agenda related items" after Public Hearings] Annotation: Section 3. 9 Order of Business was amended at the January 6, 2011 Planning Commission Meeting by adding" Public Comment on Agenda related items" after Public Hearings] In order for the Annotation: on January 3, 2013 the Planning Commission amended the first sentence of Section 3. 5 Quorum as follows: Commission to conduct business or take any official actions, a quorum consisting of at least five four of the nine seven members of the Commission shall be present.] Annotation: on January 3, 2013 the Planning Commission amended the second sentence of Section 6. 2 Committees as follows: No more than feuf three members of the Planning Commission may serve on a standing and/ or ad hoc committee at any given time.] Approved by the City of Manistee Council I1I6If Date Cd(een Kenny, Mayor City of Manistee Planning Commission Page 6 By- Laws and Rules of Procedures