Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, January 5th, 2023 Time: 07:00 PM Eastern Time Location: City of Manistee Council Chambers AGENDA I Call to Order Pledge of Allegiance II Roll Call III Election of Officers IV Approval of Agenda At this time, the Planning Commission can take action to approve the January 5th, 2023 Agenda. V Conflicts of Interest At this time, the Chair will ask if any members have any conflicts of interest on the approved Agenda. VI Approval of Minutes At this time, the Planning Commission can approve the December 1st, 2022 Meeting minutes. VII Correspondence Correspondence has been shared with the Planning Commission and will not be read aloud. VIII Economic Development Director – Marc Miller IX Public Hearing • Zoning Amendment – Duplex as Permitted Use in R-2 X 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). XI New Business • Zoning Amendment – Duplex as Permitted Use in R-2 • Zoning Amendment – Accessory Buildings on Corner Lots XII Old Business XIII Public Comments and Communications At this time the Chair will ask if there are any public comments. (3 mins to address Planning Commission). XIV Staff Reports XV Members Discussion At this time, the Chair will ask members of the Planning Commission if they have any items they want to discuss. XVI Adjournment Page 1 of 1  CITY OF MANISTEE PLANNING COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES December 1, 2022 A meeting of the Manistee City Planning Commission was held on Thursday, December 1, 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: Shelly Memberto, Roger Yoder, Marlene McBride, Michael Szymanski, and Mark Wittlieff Members Absent: Robert Slawinski and Pamela Weiner Others: Katie Mehl (County Planner 1 & City Zoning Administrator) and Nancy Baker (County Planning Secretary/Assistant to Planner) APPROVAL OF AGENDA Ms. Mehl wished to amend the agenda adding under Old Business, Street Vacation 114 Pine Street. Motion by Commissioner Szymanski, seconded by Commissioner McBride to approve the agenda as amended. With a Roll Call vote this motion passed 5 to 0. Yes: Memberto, Yoder, McBride, Szymanski, Wittlieff No: None CONFLICT OF INTEREST None APPROVAL OF MINUTES Motion by Commissioner McBride, seconded by Commissioner Memberto to approve the November 3, 2022, Planning Commission meeting minutes as printed. With a Roll Call vote this motion passed 5 to 0. Yes: Memberto, Yoder, McBride, Szymanski, Wittlieff No: None CORRESPONDENCE None DARK SKIES PRESENTATION—SUSAN SCHANKIN Susan Schankin, Dark Skies: Power Point—  Ms. Brooke Edwards assisted with presentation  Advocate for International Dark Sky Association, Michigan Dark Skies and Dark Skies of Manistee  Light pollution, why do we care, what can be done  Different types  County light pollution past and present 1  Ecosystem impacts  Star gazing can be part of tourism, Pure Michigan  Solutions PUBLIC HEARING Zoning Amendment—Removal of Parking Facility, Public Public Hearing Open: 7:50 pm Ms. Mehl:  “Public” was removed from many parts of the ordinance but not all  Certain districts were not included in removing “Public”  Memo listed the Districts/Sections Marc Miller, Chamber Economic Director:  DDA Chair expressed it’s a minor issue not needing DDA review  Will be great clarification for other developments Public Comment: none Commissioner Szymanski: seems to be an oversight Public Hearing Closed: 7:54 pm PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS Zoning Amendment—Removal of Parking Facility, Public Motion by Commissioner Szymanski, seconded by Commissioner Yoder to approve the removal of Public, from the use of “Parking Facility, Public. With a Roll Call vote this motion passed 5 to 0. Yes: Memberto, Yoder, McBride, Szymanski, Wittlieff No: None Minor Amendment Request for PUD—101 S Lakeshore Drive Tom Welling, 6 PM Hospitality:  Requesting amendment on original submission of balcony around 5th floor restaurant  Balcony use would be extremely diminished due to the constant high winds at this height  Engineering cost very high to bring balcony to safe standards and code Commissioner Szymanski: all requirements have been met; balcony was not part of the requirements. Commissioner Wittlieff: inquired on obtaining staff. Motion by Commissioner Szymanski, seconded by Commissioner Memberto to accept the minor amendment request for the PUD as presented. With a Roll Call vote this motion passed 5 to 0. Yes: Memberto, Yoder, McBride, Szymanski, Wittlieff No: None OLD BUSINESS Street Vacation Request—114 Pine Street 2 Motion by Commissioner Szymanski, seconded by Commissioner McBride to approve the street vacation request with all property going to the owner on the north. With a Roll Call vote this motion passed 5 to 0. Yes: Memberto, Yoder, McBride, Szymanski, Wittlieff No: None PUBLIC COMMENTS AND COMMUNICATIONS None STAFF REPORTS Ms. Mehl: • Bird Scooter interested in returning next year • Road work on Quincy/Cleveland • Memorial Drive construction to be cleaned up • Hampton Inn tour Dec 6th • Tourism/permanent population growth shared by NWNW • City-- blight grant, working with county landbank to identify properties and utilize funds • Housing action plan- make duplexes a permitted use; hold public hearing in January o Commissioner Szymanski: submit article to newspaper addressing duplex explanation before public hearing • Citizen Planner Webinar for Planning Commission MEMBERS DISCUSSION Commissioner Yoder: • Pizza place, hospital being used  Ms. Mehl; some inquiries on hospital Commissioner McBride: • Erosion at storage units on 12th St, River St demo area progress  Soil Erosion Sedimentation Control will investigate storage unit, project on River St on hold Commissioner Szymanski: • Victorian Sleighbell weekended with parade starts today through the weekend Commissioner Wittlieff: • Lighting on tobacco business north side is constant blue flashing  Ms. Mehl; will check into this • Invited Marc Miller as guest speaker for January on Economic Development and DDA • Inquired if PC can receive a blight report list  Ms. Mehl: will try to obtain a list • Enjoy Sleighbell Parade and Merry Christmas ADJOURNMENT Motion by Commissioner Memberto, seconded by Commissioner McBride to adjourn the meeting. Meeting was adjourned at 8:40 pm. MANISTEE PLANNING COMMISSION Nancy Baker Nancy Baker, Recording Secretary 3  Notice of Public Hearing Proposed Zoning Ordinance Amendment The Manistee City Planning Commission will hold a Public Hearing for proposed changes to the City of Manistee Zoning Ordinance on Thursday, January 5, 2023, at 7pm at City Hall (231-398-2803), 70 Maple St., Manistee, MI 49660. The Hearing is being held to consider the adoption of proposed amendments to the City of Manistee Zoning Ordinance. Hearing Purpose: Amendment to the City of Manistee Zoning Ordinance as follows: Z22-07: Duplex as Permitted Use in R-2 Zoning Amendment Z22-07 has been prepared to amend the City of Manistee Zoning Ordinance to allow for the use of a Duplex as a Permitted Use in the R-2 Medium Density Residential District. Under the current Zoning Ordinance, a Duplex is allowable in the R-2 District as a Special Use. Copies of the proposed Amendments are available for review and purchase at the Office of the City Clerk, City Hall, 70 Maple St., Manistee, MI, 49660, the Manistee County Planning Department, 395 Third St., Manistee, MI 49660, and on the City’s Web Page www.manisteemi.gov. Interested parties are welcome to attend the hearing, or written comments with signature can be submitted to the Manistee County Planning Dept. 395 Third St. Manistee, MI 49660 by the end of business day on the day of the meeting.  ORDINANCE Z22-07 AN ORDINANCE TO AMEND IN PART ARTICLE 3 AND ARTIVCLE 9 OF THE CITY OF MANISTEE ZONING ORDINANCE ENTITLED “MANISTEE CITY ZONING ORDINANCE” WHICH WAS ADOPTED FEBRUARY 21, 2006. THESE AMENDMENT ARE PREPARED TO ADDRESS THE USE OF A DUPLEX IN THE R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT TO ALLOW FOR IT AS A PERMITTED USE AND TO REPEAL ALL ORDINANCES IN CONFLICT THEREWITH THE CITY OF MANISTEE ORDAINS: Section 1.: Amend Article Three Districts, Dimensional Standards Uses Table & Zoning Map Amend SECTION 304 TABLE OF LAND USES • Remove, Duplex as a use permitted by special land use from the uses of table 3-2 • Add, Duplex as a use permitted by right to the uses of table 3-2 Section 2.: Amend Article Nine R-2 Medium Density Residential District Amend SECTION 901 USES PERMITTED BY RIGHT • Add, Duplex, subject to Section 1829 Section 3.: Amend Article Nine R-2 Medium Density Residential District Amend SECTION 902 USES PERMITTED BY SPECIAL LAND USE PERMIT • Remove, H. Duplex, subject to Section 1829 Section 4.: Severability. The provisions of this ordinance are hereby declared to be severable. If any clause, sentence, word, section, or provision is hereafter declared void or unenforceable for any reason by a court of competent jurisdiction, it shall not affect the remainder of this ordinance which shall continue in full force and effect. Section 8.: Effective Date; Publication. This Ordinance shall be effective ten (10) days after its enactment as provided in Section 4-3 of the City of Manistee Charter and seven (7) days after publication, whichever is later. The City Clerk shall cause a copy of this Ordinance to be published in a newspaper circulated in the city of Manistee, stating the date of the enactment and effective date of the Ordinance, a brief notice as to the subject matter of the Ordinance and such other facts as the City Clerk shall deem pertinent. A copy of the Ordinance shall be made available for public use and inspection at the office of the Manistee City Clerk. 1 Section 9.: Repealer. All ordinances or parts of ordinances in conflict herewith are hereby repealed. MADE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MANISTEE, MANISTEE COUNTY, MICHIGAN, THIS _____ DAY OF __________, 2022. ENACTMENT DATE: ____________________________ CERTIFICATION STATE OF MICHIGAN ) ) ss. COUNTY OF MANISTEE ) I, the undersigned, the duly qualified and acting Clerk of City of Manistee, do hereby certify that the foregoing is a true and complete copy of the Ordinance adopted by the Manistee City Council at a regular meeting held on the ___ day of ___________, 2022, the original of which is on file in my office. Public notice of said meeting was given pursuant to and in compliance with the Open Meetings Act, being Act No. 267, Public Acts of Michigan, 1976, as amended, including in the case of a special or rescheduled meeting notice by publication or posting at least eighteen (18) hours prior to the time set for the meeting. IN WITNESS WHEREOF, I have hereunto affixed my official signature this ____ day of __________, 2022. ____________________________________ Heather Pefley, City Clerk 2  Katie Mehl Manistee County Planner 395 3rd St. Manistee, MI 49660 Planning Department 231.723.6041 planning@manisteecountymi.gov December 19, 2022 Planning Commission 70 Maple Street Manistee, MI 49660 Dear Planning Commission Members, At the November Planning Commission meeting, discussion was held regarding the location of accessory buildings in the residential districts, specifically on corner lots or double frontage lots. The Commission tasked staff with investigating language that could be incorporated into the zoning ordinance that would provide some relief for property owners who have corner lots, or lots with more than one road frontage. While researching other zoning ordinance throughout Michigan, I have found that most communities do not allow for accessory buildings to be located within the front yard, or they simply do not dictate where an accessory building can be in relation to the principal building. In all ordinances reviewed, I found that the required front yard setback must be met but some do not dictate that accessory buildings must be located in the side or rear yard. It does not appear typical for there to be specific regulation for accessory buildings on corner lots or lots with double frontage. Staff feels the main purpose for accessory buildings not being allowed in the front yard under most zoning ordinances is based on appearance and aesthetics. In most instances, it is desired to preserve front yards and have roadways appear open and inviting. That is not to say a garage or detached accessory building in the front yard is always unattractive, but generally it is most appealing to have accessory buildings set back and to the side of the principal building. The following sections of this memo detail sample language that could be incorporated into the City of Manistee Zoning Ordinance to allow for accessory buildings in the front yard, on parcels with more than one road frontage. In Onekama Township, the community recently incorporate specific regulation for lots with more than one frontage. This language is below: ______________________________________________________________________ ESTABLISHED FRONT YARD means a yard extending across the full width of the parcel and lying between the parcel line where the driveway and address for the principal building are assigned and nearest part of the principal building. The established front yard of the parcel shall be where the driveway and address for the principal dwelling are assigned on a parcel. Where conflicts are present, The Zoning Administrator shall have the authority to designate which parcel line is the established front yard. Except for waterfront properties, accessory buildings or structures may be located in a front yard in all Zoning Districts except SUR if all the following are met:  a. The accessory structure is located to one side of the property and not in front of the principal dwelling as seen from the established front yard; b. All required setbacks shall be met. c. Within the established front yard, the accessory building shall not be more than half the distance between the primary dwelling and the road Right-Of-Way, but not less than fifty (50) feet from the road Right-of-Way. _____________________________________________________________________________________ Another solution would be to exempt lots with more than one frontage from requiring accessory buildings to be in the side or rear yard. This amendment could be something like the following: _________________________________________________________________________________ SECTION 515 ACCESSORY BUILDINGS AND STRUCTURES A. All accessory buildings and structures shall be located in the side yard or rear yard, except when built attached to the principal building (for example radio or television antennas, or upper story accessory dwellings) or when located on a parcel with more than one road frontage (for example a corner lot or double frontage lot). a. On a corner lot or a lot with more than one road frontage, an accessory building may be located in the front yard, but all required front setbacks must be met. _____________________________________________________________________________________ At this time, staff is requesting action from the Commission on whether to hold a public hearing on an amendment to the zoning ordinance for location of detached accessory buildings. If the Commission feels the zoning ordinance does not need to be amended, the motion could be that we do not need to hold a public hearing and the ordinance will remain as currently written. Please do not hesitate to contact me if you have any questions or concerns. Regards, Katie Mehl City of Manistee Zoning Administrator Manistee County Planner