Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, November 3rd, 2022 Time: 07:00 PM Eastern Time Location: City of Manistee Council Chambers AGENDA I Call to Order Pledge of Allegiance II Roll Call III Approval of Agenda At this time, the Planning Commission can take action to approve the November 3rd, 2022 Agenda. IV Conflicts of Interest At this time, the Chair will ask if any members have any conflicts of interest on the approved Agenda. V Approval of Minutes At this time, the Planning Commission can approve the October 6, 2022 Meeting minutes and October 20, 2022 Work Session Meeting minutes. VI Correspondence Correspondence has been shared with the Planning Commission and will not be read aloud. VII Manistee County Historical Museum – Mark Fedder VIII Public Hearing • Street Vacation Request – Daniel Saylor, 114 Pine Street IX Public Comment on Agenda Related items All comments and handouts from the speaker at the podium will go through the Chair, also there will not be any interaction between the podium and audience. If these rules cannot be followed, the Chair can terminate this portion of the meeting. (A limit of between 3 mins to address Planning Commission). X New Business • Street Vacation Request – Daniel Saylor, 114 Pine Street • Approval of 2023 Meeting Calendar • Zoning Ordinance Discrepancy – Parking Facility, Public XI Old Business • Zoning Amendment Request – Places of Public Assembly Large XII Public Comments and Communications At this time the Chair will ask if there are any public comments. (3 mins to address Planning Commission). XIII Staff Reports XIV Members Discussion At this time, the Chair will ask members of the Planning Commission if they have any items they want to discuss. XV Adjournment Page 1 of 1  CITY OF MANISTEE PLANNING COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES October 6, 2022 A meeting of the Manistee City Planning Commission was held on Thursday, October 6, 2022, 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. Members Present: Robert Slawinski, Pamela Weiner, Shelly Memberto, Roger Yoder, Marlene McBride, and Mark Wittlieff Members Absent: Michael Szymanski Others: Mike Szokola (County Planning Director), and Nancy Baker (County Planning Secretary/Assistant to Planner) APPROVAL OF AGENDA Mr. Szokola wished to amend the agenda under New Business, add 156 Washington Street after Parcel Spilt Request. Motion by Commissioner Slawinski, seconded by Commissioner Weiner to approve the agenda as amended. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Weiner, Memberto, Yoder, McBride, Wittlieff No: None CONFLICT OF INTEREST None APPROVAL OF MINUTES Motion by Commissioner McBride, seconded by Commissioner Memberto to approve the September 1, 2022, Planning Commission meeting minutes as printed. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Weiner, Memberto, Yoder, McBride, Wittlieff No: None CORRESPONDENCE Commissioners received a letter by email. MANISTEE INDUSTRIAL CORPORATION—STEVE BROWER PRESENTAION Steve Brower, Manistee Industrial Corporation (IDC):  Organization background  Original goal- to help promote and grow industrial jobs  Instrumental in bringing prison jobs to Manistee  Look to create and retain jobs 1  Do some partnering with other organizations  Give loans and grants to assist businesses PUBLIC HEARING None PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS Parcel Split Request—51-51-101-275-02, 99 Arthur Street Mr. Tom Reid, Board of Directors, City of Milwaukee: have an opportunity to sell campground portion of property to another business. Mr. Szokola: Ms. Whetstone, City Assessor has signed off, the split meets zoning. Motion by Commissioner Yoder, seconded by Commissioner Slawinski to approve the parcel split request for parcel 51-51-101-275-02, 99 Arthur Street. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Weiner, Memberto, Yoder, McBride, Wittlieff No: None 156 Washington Street Mr. John Myers, Victorian City Properties LLC, Dearborn, part owner of property:  Proposing 4 1-bedroom apartments; possible efficiency apartment and 2-bedroom apartment upstairs  Gutting interior, all new electrical, plumbing, and mechanical  Area zoned residential, R2  Parking and green spacing- still in first stage of planning  Old laundromat building Mr. Szokola: may need rezoning, property on edge of zoning districts. OLD BUSINESS Zoning Amendment Request—Places of Public Assembly Large Mr. Szokola: reviewed Ms. Mehls memo.  Presently small assembly, up to 100 people, allowed in C3 District  Added parking areas requirements to allow large assembly  Recommended possible language amendments o Amend Article Five: General Provision: Amend Section 514 Parking, Bike Parking, and Sidewalks, Section H o Amend Article Fifteen C-3 Central Business District: Amend Section 1502 Uses Permitted by Special Land Use Permit o Amend Article Eighteen Standards and Requirements for Special Uses: Amend Section 1868 Places of Public Assembly, subsection B. Regulations and Conditions, 1 Large Places of Public Assembly Motion by Commissioner Slawinski, seconded by Commissioner McBride to table and hold a work session. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Weiner, Memberto, Yoder, McBride, Wittlieff No: None 2 PUBLIC COMMENTS AND COMMUNICATIONS Marc Miller, 414 Cedar Street, Economic Director Chamber; thanked the Commission for their service, for reaching out to the DDA regarding the public assembly issue, addressing the housing crisis, probusiness decisions allowing businesses in areas with needed improvement. STAFF REPORTS Mr. Szokola: RR relocation project is moving forward, close to applying for grant, County grant writer Bill Kennis is applying for a grant for this project, want to acknowledge the tremendous job Mr. Kennis is doing, Mr. Carson NWNW, received EPA grant for trail work- grant will allow trail work to start from Copemish down to Kaleva-connecting to Benzie and Wexford Counties-next step is route from Kaleva to the City, Brownfield training sent to PC, attended Regional Summit MEMBERS DISCUSSION Commissioner Yoder; inquired on status of housing in the old hospital. Mr. Szokola stated no new conversations are known. Commissioner Weiner: inquired on grow facility issue at 10th Street with the lack of exterior work. Mr. Szokola stated this could be considered a blight situation. Commissioner McBride: inquired on the 12th Street storage project and the soil disturbance. Mr. Szokola stated the project is receiving instructions to correct things, and vegetation work is requested on the property. ADJOURNMENT Motion by Commissioner Memberto, seconded by Commissioner Weiner to adjourn the meeting. Meeting was adjourned at 8:24 pm. MANISTEE PLANNING COMMISSION Nancy Baker Nancy Baker, Recording Secretary 3  CITY OF MANISTEE PLANNING COMMISSION WORKSESSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES October 20, 2022 A Work Session of the Manistee City Planning Commission was held on Thursday, October 20, 2022 at 6 pm in the County Board of Commissioners Room, 415 Third Street, Manistee, Michigan. Meeting was called to order at 6:021 pm by Chair Wittlieff. Members Present: Pamela Weiner, Marlene McBride, Roger Yoder, and Mark Wittlieff Members Absent: Shelly Memberto, Michael Szymanski, and Bob Slawinski, Others: Katie Mehl (City Zoning Administrator), and Nancy Baker (Recording Secretary) APPROVAL OF AGENDA Motion by Commissioner Yoder, seconded by Commissioner McBride to approve the agenda as printed. With a Roll Call vote this motion passed 4 to 0. Yes: Weiner, Yoder, McBride, Wittlieff No: None APPROVAL OF MINUTES There were no minutes to approve. ITEM Places of Public Assembly, Large in C-3 District Memo details the requested amendment changes to each Article. Zoning amendment request received. Request would affect any property within the C-3 district. Proposed amendments: Amend Article Fifteen C-3 Central Business District • Amend Section 1502 Uses Permitted by Special Land Use Permit Amend Article Eighteen Standards and Requirements for Special Uses • Amend Section 1868 Places of Public Assembly, subsection B. Regulations and Conditions Discussion: parking for number of people allowed for large assembly, parking for small assembly, parking types that would and would not count, entire C-3 district changes, key street segments, venues in the C-3 district, special events, safety, effect of amendment changes. Planning Commission agreed to the Articles being left as is. PUBLIC COMMENT City of Manistee Planning Commission Worksession Meeting Minutes of October 20, 2022 Page 1 None. CORRESPONDENCE None. MEMBERS DISCUSSION Commissioner Yoder inquired on new motel on Lakeshore Dr and Joslin Cove. Ms. Mehl: must meet requirements. Joslin Cove under Brownfield agreement timeline. Commissioner McBride inquired on vacant homes. Ms. Mehl: zoning cannot force them to be removed. They can be placed under blight. Katie Mehl attended the Planning Conference on Mackinaw Island. Sessions on subjects such as housing, parking standards, community housing stress etc. ADJOURNMENT Motion by Commissioner Yoder, seconded by Commissioner McBride to adjourn the Work Session Meeting. The meeting was adjourned at 7:00 pm. MANISTEE PLANNING COMMISSION _______________________________ Nancy Baker, Recording Secretary City of Manistee Planning Commission Worksession Meeting Minutes of October 20, 2022 Page 2 Planning Department Katie Mehl October 17, 2022 Manistee County Planner 395 3rd St. Planning Commission Manistee, MI 49660 70 Maple Street 231.723.6041 Manistee, MI 49660 planning@manisteecountymi.gov Dear Planning Commission Members, I received a street vacation request from Daniel Saylor. The applicant is requesting to vacate the eastern portion of Second Street between Spruce Street and Pine Street, that abuts their property at 114 Pine Street. DPW has reviewed the request and had the following comments: “The City does not have any utilities in this right of way nor any plans for future extensions or street work. In fact, several years ago we received MDOT approval to classify the platted alleys north and south as streets (2nd St). My department would have no objections. The aerial does show an existing sidewalk in the right of way. The sidewalk would need to become private and I assume the parcels to the west would need to approve. In fact, it would probably be best to vacate the entire ROW from Pine to Spruce.” Please find attached the following documentation: • Mr. Saylor’s application • Survey of 114 Pine Street • Email from southern neighbor, agreeing to the request • Map showing surrounding area of 114 Pine, Circa 2021 If you have any questions or concerns, please do not hesitate to contact me. Regards, Katie Mehl Planning and Zoning Administrator Manistee Count  Street or Alley Vacation Requests Planning Commission A Step-By-Step Guide INTRODUCTORY MEETING WITH PLANNING STAFF - Staff will assist the applicant by explaining the 1 review process; review the application and survey requirements. The applicant is encouraged to contact adjoining and nearby property owners and occupants to discuss their project prior to the public hearing. A copy of the mailing information for the 300’ notification can be obtained from Staff upon request. SUBMISSION OF APPLICATION - Applicant will submit application at least 30 days before the next 2 regularly scheduled Planning Commission meeting (first Thursday of the month) to the Zoning Administrator for review. The Zoning Administrator shall review the application and site plan. Staff will forward a copy of the request to the Director of Public Safety, DPW/Utility Director, and City Engineer for review/comments as needed. Fee must be received before any requests are processed. APPLICATION/SITE PLAN IS INCOMPLETE – Staff will prepare a notice of findings/corrections 2a that will be sent to the applicant. Due to the review time/noticing requirements applicants are a. encouraged to submit their requests in advance of the 30 day minimum requirement. a 2b APPLICANT SUBMITS REVISIONS – Staff reviews for completeness a. a APPLICATION/SITE PLAN IS COMPLETE – Staff will prepare notice of public hearing (ad in newspaper, 3 posted on City web page, City Facebook page, posted at City Hall, mailing to all owners/occupants within 300’ of property). Noticing must be at least 20 days prior to meeting date. PUBLIC HEARING - Applicant shall present their case to the Commission along with any correspondence 4 in support of their request. Staff will give their report, the public is invited to speak on the request, and correspondence will be read into the record. Public hearing will be closed. PLANNING COMMISSION REVIEW – The Planning Commission will review the request for compliance 5 and make a recommendation to City Council. CITY COUNCIL REVIEW – After recommendation from the Planning Commission, Staff will prepare a 6 Council agenda request form and memo for the next City Council meeting. EQUALIZATION DEPARTMENT – Upon approval Staff will prepare a letter to the County Equalization 7 Department that authorizes the street or alley vacation request. A copy of the letter and supporting documentation will be sent to the applicant and the City Assessor. FINALIZE REQUEST – The County Equalization Department processes the request and it will be processed 8 for the next tax roll. (5/2019) From: ltrucks To: Katie Mehl Subject: Re: Dan Saylor - Street Vacation Request Date: Monday, October 17, 2022 9:16:43 AM Attachments: image001.png [WARNING: External Message - Use extreme caution opening links or attachments] I agree to it. I think I sent you this a few weeks ago. Lee Trucks Http://www.jackpine.com Http://www.jackpineinternetservice.com On Oct 17, 2022 at 8:59 AM, Katie Mehl <kmehl@manisteecountymi.gov> wrote: Good Morning Lee, Can you please send me a statement indicating that you are accepting of receiving the southern portion of Second Street that abuts your property if the Street Vacation Request by Dan Sailor is approved? Let me know if you have any questions or concerns. Thank you, Katie Mehl Planning and Zoning Administrator Manistee County (231) 398-3525 kmehl@manisteecountymi.gov  FIRST ST Area Around 51-51-349-713-07, Circa 2021 SPRUCE ST FIRST ST 471 1/2 FIRST ST 469 FIRST ST 467 FIRST ST 463 FIRST ST 465 FIRST ST 461 FIRST ST 449 FIRST ST 107 SPRUCE ST 464 SECOND ST 462 SECOND ST 460 SECOND ST PINE ST 466 SECOND ST 115 SPRUCE ST 11 114 PINE ST 467 SECOND ST PINE ST 459 SECOND ST 453 SECOND ST SPRUCE ST 202 PINE ST Legend 0 25 Address Points Parcel Lines 50 ± 100 Feet 466 THIRD ST 464 THIRD ST 456 THIRD ST 208 PINE ST  Katie Mehl Manistee County Planner 395 3rd St. Manistee, MI 49660 Planning Department 231.723.6041 planning@manisteecountymi.gov October 27, 2022 Planning Commission 70 Maple Street Manistee, MI 49660 Dear Planning Commission Members, I have come across what appears to be a discrepancy in the Zoning Ordinance and felt it was most appropriate to present it to the Planning Commission for a final determination. In 2008, a Zoning Ordinance amendment was proposed to the use of “Parking Facility, Public” to remove “Public” from the title of the use, from the title of the Special Land Use Standards, and to amend the definition to remove mention of “Public”. While investigating the Zoning Ordinance as it relates to this use, I noticed that “Public” was not removed from “Parking Facility” in all areas of the Zoning Ordinance. My thoughts are that this was an oversight, and “Public” should have been removed from all mentions of “Parking Facility” throughout the Zoning Ordinance. I have thoroughly reviewed the documentation associated with this 2008 amendment and have found no mention of “Public” being removed from all areas where “Parking Facility” is mentioned within the Zoning Ordinance. Due to the definition and the Special Land Use Standards being amended, it is my interpretation that this should have been amended throughout the entire Zoning Ordinance. Please find attached to this memo the following documentation for your review: • Part of the Agenda Packet from where the public hearing for this amendment took place (relevant sections included & highlighted) • Part of the Meeting minutes where the public hearing for this amendment took place (relevant sections included & highlighted) • Sections of Zoning Ordinance where Parking Facility, Public are mentioned (relevant sections highlighted) At this time, staff is seeking a determination by the Planning Commission if there was an oversight on this proposed amendment, or if the Commission feels this was the intention and the Zoning Ordinance reads appropriately. If you have any questions or concerns, please do not hesitate to contact me. Regards, Katie Mehl Planning and Zoning Administrator Manistee County Planning Department Katie Mehl August 11, 2022 Manistee County Planner 395 3rd St. Planning Commission Manistee, MI 49660 70 Maple Street 231.723.6041 Manistee, MI 49660 planning@manisteecountymi.gov Dear Planning Commission Members, I received a zoning amendment request from Ralph Carroll. The property information provided in the application is referencing the specific property Ralph has interest in, although it is important to note the amendment request is not specific to this property, but to Article Fifteen: C-3 Central Business District and Article Eighteen: Standards and Requirements for Special Uses. This amendment request is to modify the special land use requirement for Places of Public Assembly Large within the C-3 District. The proposed amendment would allow for this use to take place anywhere in the C-3 District as a special land use. Currently, the City of Manistee Zoning Ordinance only allows for Places of Public Assembly Large to take place as a special land use on a parcel that has key street frontage or that is at least five (5) acres. To address this, Mr. Carroll has proposed the following amendment: Amend Article Fifteen C-3 Central Business District Amend Section 1502 Uses Permitted by Special Land Use Permit • Remove, Special Uses Requires Key Street Frontage: Places of Public Assembly Large • Add, Special Uses: Places of Public Assembly Amend Article Eighteen Standards and Requirements For Special Uses Amend Section 1868 Places of Public Assembly, subsection B. Regulations and Conditions. • Remove, 1. Large Places of Public Assembly. a. A Large Place of Public Assembly shall front on and be accessed primarily from a key street segment, as defined herein, unless it is located on a parcel of land with a minimum area of five (5) acres. • Add, 1. Large Places of Public Assembly. a. A Large Place of Public Assembly shall front on and be accessed primarily from a key street segment, except for in the C-3 District, as defined herein, unless it is located on a parcel of land with a minimum area of five (5) acres.  Staff has reviewed the City of Manistee Master Plan as it relates to this request, and the following sections are the most relevant to Places of Public Assembly Large within the C-3 District. Section 2.6 Central Business District (CBD) 2.6.1 Land Uses of the CBD (page 42) Section 3.4 Zoning Plan 3.4.4 Existing Zoning, Commercial (Page 81) Attached to this memo is Mr. Carroll’s complete Zoning Amendment Request application with supporting documentation for your review. If you have any questions or concerns, please do not hesitate to contact me. Regards, Katie Mehl Planning and Zoning Administrator Manistee Count