Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, April 6th, 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 Approval of Agenda At this time, the Planning Commission can take action to approve the April 6th, 2023, 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 March 2nd, 2023, Meeting Minutes and March 9th, 2023 Work Session Meeting Minutes. VI Correspondence Correspondence has been shared with the Planning Commission and will not be read aloud. VII Blight & Neighborhood Restoration and Beautification Commission Presentation (NRBC) – Chief Glass/Lucas Richardson VIII Public Hearing 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 • 100 Oak Street – Dumpster Waiver Request • Viewshed Management Policy Correspondence XI Old Business • Zoning Amendment Z23-01: Feather Flags • Unclassified Use Determination: 24 Arthur Street 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 • Land Use Permit & Business Registrations 2023 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 March 2, 2023 A meeting of the Manistee City Planning Commission was held on Thursday, March 2, 2023 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: Bob Slawinski, Marlene McBride, Pamela Weiner, Shelly Memberto and Mark Wittlieff Members Absent: Michael Szymanski and Roger Yoder Others: Katie Mehl (County Planner 1 & City Zoning Administrator) and Nancy Baker (Recording Secretary) APPROVAL OF AGENDA Motion by Commissioner Memberto, seconded by Commissioner Weiner to approve the March 2, 2023 agenda as printed. With a Roll Call vote this motion passed 5 to 0. Yes: Slawinski, Weiner, McBride, Memberto, and Wittlieff No: None CONFLICT OF INTEREST Commissioner Wittlieff received a letter due to his living within the distance of the proposed duplexes. Commissioner Memberto received a letter due to her living within the distance of the proposed drive through business. The Commission did not see this as a conflict of interest. APPROVAL OF MINUTES Motion by Commissioner Slawinski, seconded by Commissioner Memberto to approve the February 2, 2023 minutes as printed. With a Roll Call vote this motion passed 5 to 0. Yes: Slawinski, Weiner, McBride, Memberto, and Wittlieff No: None City of Manstee Planning Commission Meeting Minutes of March 2, 2023 Page 1 CORRESPONDENCE None City DPW Director— Mike Mikula Mr. Mikula:  Maintains and monitors: water, sewer, sidewalks, parks, bridges, stormwater, boat launches, marinas, etc.  Reviewed: water wells, peak demand, treatment plants, sewer system, past demands compared to today’s demands, DPW past to present system- demand for growth  Reviews new development site plans (Site Plan Review Committee)  First Street beach area; parking area, new hotel, dead end street pipeline issues, loop project to connect beach/hotel lines to dead end street line  Memorial bridge work- several project areas will require road closure  MDOT full reconstruction- US 31 from M55 to Harrison St and south of bridge to Stronach Street  Reconstruction of 1st Street beach parking  Quincy/Cleveland Street; project still in the works Marc Miller—Economic Development Director Mr. Miller Economic Director and DDA lead:  Hampton Inn on track  Emerald Cove Hotel, 348 River restaurant, restaurants/sweet shops at 318, 350 and 431 River, 91-99 Arthur Street and 3 businesses without a location to develop  Tourism infrastructure: restaurants opening- some new, several looking for space, places closed for winter reopening  Housing needs---Manistee Township—288-unit development in beginning application process, 400 apartments/500 single family homes needed within the county  Industries needed in area  New industries/developers look for water/sewer hook-up ability PUBLIC HEARING Special Land Use Request: 206 Cypress Street, Drive-through establishment Public hearing opened at 7:37 pm Mr. Scott Bell, Lapham Associates: • Domino’s eating establishment • Renovating interior of building • Lobby / drive through; drive through for preorder pick up only, lobby open for pick up orders, no inside seating • Monument sign and building sign City of Manstee Planning Commission Meeting Minutes of March 2, 2023 Page 2 Ms. Mehl: zoning determining parking allotment, Site Plan Review Committee reviewed plan having no concerns/comments except Fire Department--place bollard in front of gas meter Public Comment: Tim Carlson, Little Caesars, commented on Domino’s Commissioner Discussion: Commissioner Memberto: 2nd Street residents park on street, this street is drive through entrance Ms. Mehl: placement of bollard will be stipulation on permit Public hearing closed at 7:47 pm. Special Land Use Request: 51-670-711-04, duplex Public hearing opened at 7:47 pm Mr. Jeff Vos, Real Venture Properties LLC representative: • Application meets zoning • Sidewalks can be along street • 2 2-stall garages with 2 parking spaces in driveway for each unit • Units not short-term rentals • All exterior entrances to have soft lighting Public Comment: none Commissioner Discussion: Commissioner Slawinski: fit in with existing building to the east—may encourage other neighboring buildings to upgrade exterior facade Public hearing closed at 7:55 pm. Special Land Use Request: 51-670-711-08, duplex Public hearing opened at 7:55 pm Mr. Jeff Vos, Real Venture Properties LLC representative: • Same plan for both duplexes • Duplexes adjacent to each other • Duplexes to have different facades • Hook-up to city sewer/water • Runoff water to be collected into perforated pipe City of Manstee Planning Commission Meeting Minutes of March 2, 2023 Page 3 Ms. Mehl: SUP good for 2 years—can be extended Public Comment: none Commissioner Discussion: Commissioner Szymanski communication to Ms. Mehl- visited property, great location for duplex, fits character of area, minimal impact on neighborhood Public hearing closed at 8:01 pm. Zoning Amendment Z23-01, Feather Flags Public hearing opened at 8:01 pm Ms. Mehl: • City Council requested enforcement on feathered flags within the city • Not currently in zoning ordinance, making the flags nonallowable • City Manager requested feathered flags be included into z.o. as prohibited signs • Draft ordinance Z 23-01 o Section 1; Amend Article Two: Definitions and Interpretation o Section 2; Amend Article Twenty-One Signs o Section 3; Severability o Section 4; Effective Date; Publication o Section 5; Repealer • Check with City Council on Farmers Market usage Public Comment: none Discussion: Commissioner Slawinski: not prohibit completely, place time frame of display Commissioner Weiner: do not completely ban, agrees with time frame of displaying Commissioner McBride: established places don’t need flags; new establishments may benefit in using them for opening week Commissioner Memberto: prefers ability to use for temporary use Chair Wittlieff: temporary for new business Ms. Mehl: can recommend to City Council allowing temporary usage of feathered flags with timeframe. Further discussion to occur at the March 9th work session. Public hearing closed at 8:12 pm. City of Manstee Planning Commission Meeting Minutes of March 2, 2023 Page 4 PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS Special Land Use Request: 206 Cypress St, Drive-through establishment Motion by Commissioner Slawinski, seconded by Commissioner Memberto to approve the Special Land Use request for 206 Cypress Street, Drive-through establishment. With a Roll Call vote this motion passed 5 to 0. Yes: Slawinski, Weiner, McBride, Memberto, and Wittlieff No: None Special Land Use Request: 51-670-711-04, Duplex Motion by Commissioner McBride, seconded by Commissioner Slawinski to approve the Special Land Use request for 51-670-711-04, duplex with the placement of a sidewalk. With a Roll Call vote this motion passed 5 to 0. Yes: Slawinski, Weiner, McBride, Memberto, and Wittlieff No: None Special Land Use Request: 51-670-711-08, Duplex Motion by Commissioner Slawinski, seconded by Commissioner Memberto to approve the Special Land Use request for 51-670-711-08, duplex with the placement of a sidewalk. With a Roll Call vote this motion passed 5 to 0. Yes: Slawinski, Weiner, McBride, Memberto, and Wittlieff No: None Zoning Amendment Z23-01, Feather Flags Motion by Commissioner Memberto, seconded by Commissioner Weiner to table this until the next regularly scheduled PC meeting, April 6, 2023. With a Roll Call vote this motion passed 5 to 0. Yes: Slawinski, Weiner, McBride, Memberto, and Wittlieff No: None Further discussion to occur at the March 9th work session. Unclassified Use Determination: 24 Arthur Street Ms. Mehl: Mr. Armor not in attendance, PC can classify “unclassified uses” within the z.o. The applicant’s desire is to use this location as office/storage space for an offsite restaurant, this will not impact the overall intent for the district and use as described. City of Manstee Planning Commission Meeting Minutes of March 2, 2023 Page 5 Motion by Commissioner Slawinski, seconded by Commissioner McBride to table this until the April 6th meeting dependent upon the appearance of the applicant. With a Roll Call vote this motion passed 5 to 0. Yes: Slawinski, Weiner, McBride, Memberto, and Wittlieff No: None OLD BUSINESS Street vacation request, 114 Pine Street Ms. Mehl: PC made a motion at a previous meeting to approve the entirety of the 2nd Street vacation with sidewalk easement. The desire is to vacate only up to where the sidewalk exists. Motion by Commissioner Slawinski, seconded by Commissioner Memberto to recommend approval of the amended street vacation request as presented in the memo. With a Roll Call vote this motion passed 5 to 0. Yes: Slawinski, Weiner, McBride, Memberto, and Wittlieff The Tabernacle—77 Hancock Street Mr. Seth Bush: currently in violation, redoing parking lot, want to move dumpster, proposed set back will have little ability to see the dumpster. The Tabernacle is to contact Republic Services to receive a letter regarding their desire for the location of the dumpster. Motion by Commissioner Slawinski, seconded by Commissioner McBride to approve the waiver depending upon the construction of the new parking lot, and to have the dumpster placed onto a hard surface. With a Roll Call vote this motion passed 5 to 0. Yes: Slawinski, Weiner, McBride, Memberto, and Wittlieff No: None PUBLIC COMMENTS AND COMMUNICATIONS None STAFF REPORTS Ms. Mehl:  Manistee Parks Recreation selected DPW to receive 2023 Charles E Schoedel Outstanding Service Award  Landbank received grant award for demolition at 530 Davis, 1001 Kosciusko, and 616 Engelman Streets City of Manstee Planning Commission Meeting Minutes of March 2, 2023 Page 6  American Public Works Association award for Michigan Chapter Manistee Shoreline Protection; Swidorski and Spicer Group  EDA riverwalk; proposals received  City obtained watermain easements by lakeshore  Old Ringel building; past years had blight enforcement, will revisit site  Will continue looking for 2023 training  Work session, look at other corner lot zoning  Tracie Davis housing, encourages watching video MEMBERS DISCUSSION Commissioner McBride: good to have new things coming in and using empty buildings Commissioner Weiner: glad duplexes are not short-term rentals Commissioner Slawinski: inquired on obtaining copy of training certification. Mary Riley, MSU Extension-can assist with this. ADJOURNMENT Motion by Commissioner Slawinski, seconded by Commissioner Memberto to adjourn the meeting. Meeting was adjourned at 8:37 pm. MANISTEE PLANNING COMMISSION Nancy Baker Nancy Baker, Recording Secretary City of Manstee Planning Commission Meeting Minutes of March 2, 2023 Page 7  CITY OF MANISTEE PLANNING COMMISSION WORKSESSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES March 9, 2023 A Work Session of the Manistee City Planning Commission was held on Thursday, March 9, 2023 at 7 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 7:00 pm by Vice Chair Slawinski. Members Present: Bob Slawinski, Michael Szymanski, Pamela Weiner, Shelly Memberto, Marlene McBride, Roger Yoder Members Absent: Mark Wittlieff Others: Katie Mehl (City Zoning Administrator), Mike Szokola (County Planning Director), and Nancy Baker (Recording Secretary) APPROVAL OF AGENDA Ms. Mehl wished to amend the agenda under New Business, adding Feathered Flags after Accessory Buildings on Corner Lots. Motion by Commissioner Szymanski, seconded by Commissioner Yoder to approve the agenda as amended. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Szymanski, Weiner, Memberto, McBride, Yoder No: None APPROVAL OF MINUTES There were no minutes to approve. ITEM Accessory Buildings on Corner Lots Ms. Mehl: memo -- potential amendment for accessory buildings in residential districts- corner lots or double frontage lots, investigated language for property owners of corner lots, memo included Onekama Township language for lots with more than one frontage, amendment of exempt lots-Section 515 Accessory Buildings and Structures, or can leave as currently written. Discussion: safety aspects, clear vision corners, green space, current written language, ascetic look, can seek amendment later, variance can be requested if choices are limited. Planning Commission agreed to leave the ordinance as is. City of Manistee Planning Commission Worksession Meeting Minutes of March 9, 2023 Page 1 Feathered Flags Ms. Mehl: ordinance does not currently address feathered flags, no language to regulate, makes them not allowable, not allowed until regulation is incorporated, was requested to incorporate as prohibited signs, regulating/enforcing can be difficult, other types of flags are listed with regulations such as size. Discussion: issuing permits for them, ways to manage, health and safety aspects, promoting signs must be on establishment property, signs cannot be in road right-of-way, sign definition, sizes, setbacks Points:  Grand opening use of flags only for 60 days  Language for properly securing (city building inspector and engineer to securing plans)  Not allowed in residential district  Add line in business registration-- opening date  Special events reference in ordinance----Section 2101 Feathered flags to be placed on April Planning Commission agenda. PUBLIC COMMENT None. CORRESPONDENCE None. MEMBERS DISCUSSION Commissioner Yoder: inquired on projects becoming public before the project has been presented to the PC for review and approval. Ms. Mehl: it’s a concern if project information becomes public stating the project has been approved when it has not gone before the proper city channels. Mr. Szokola: preliminary requirements—PC check list, site plan review; review and approved are not the same. Commissioners: correct process is for projects to come before PC before going before City Council. ADJOURNMENT Motion by Commissioner Szymanski, seconded by Commissioner Yoder to adjourn the Work Session Meeting. The meeting was adjourned at 8:18 pm. MANISTEE PLANNING COMMISSION Nancy Baker Nancy Baker, Recording Secretary City of Manistee Planning Commission Worksession Meeting Minutes of March 9, 2023 Page 2  100 Oak Street, Circa 2021 OAK ST FIRST ST 100 OAK ST 11 110 OAK ST OAK ST Legend ± Address Points 438 SECOND ST 434 SECOND ST Parcel Lines 430 SECOND ST 0 15 30 60 Feet View of Dumpster from Oak Street  DRAFT VIEWSHED MANAGEMENT POLICY PURPOSE: To address situations when public property vegetation encroaches on an established viewshed. PROCEDURE: When a property owner’s view of a body of water adjacent to City property is obstructed or limited by vegetation growing on city owned property, the city may permit trimming and/or partial or complete removal of such vegetation at the property owner’s expense, subject to the following requirements and conditions: 1) Property owners who desire tree trimming, tree removal, or other vegetation management on City property shall complete the City’s Viewshed Management Request Form and provide the City with a non-refundable $300 application fee. This fee is intended to cover the costs for an arborist to assess the request and provide a report with recommendation(s). The remainder of the application fee, if any, will be used for public tree planting. a) Property owners must identify the specific vegetation management they are requesting in order to restore the view of a body of water from their property. b) The restored view being requested through specific vegetation management must have existed when the current property owner took ownership of the property. Evidence of “view that existed” should be provided, if possible. c) The loss of view is due to overgrowth and the lack of trimming. d) The loss of view is not due to intentional planting of vegetation for erosion control and/or beautification of City property by the City. The Tree Commission will be the first to “act upon” the viewshed management request within a reasonable time (30 days). If the requested vegetation management appears reasonable to the Tree Commission, the request will be sent to the Department of Public Works (DPW). The DPW Director will schedule an inspection to be made of the owner’s property and the city’s property, by a certified independent arborist (and/or hydrogeologist or other qualified expert – if erosion control is a concern) selected by the DPW. The specialist engaged will meet with the property owner to review the property owner’s goals and assess options using professional vegetation management practices prioritizing ones that promote the sustained growth and health of the vegetation on the City property and prevent erosion surface run-off and sedimentation of the land where vegetation management is proposed, as is prudent for the specific situation. The specialist will provide a preliminary report to the DPW containing a written plan, specifying those vegetation management options that are reasonable and prudent to improve their property owner’s view. The plan will provide sufficient detail of the tree trimming, tree removal, tree City of Manistee 1 General Policy GP-79 replacement, and other plantings that may be recommended by the specialist to address the property owner’s goals of improving the owner’s view, and at the same time, to preserve vegetation that serves a public benefit. The DPW Director shall review the preliminary report and then present it to the Tree Commission and the City Park Commission (if the vegetation being reviewed is in a City park area) for approval. The approved plan will be presented to the property owner for review. When the property owner has received the report, they can choose to move forward in one of two directions: a) Decide not to go forward with the plan. The recommended intervention(s) are considered valid and actionable by the property owner and City for two (2) years from receipt Or b) Decide to go forward with the plan; the DPW Director will estimate total costs, including execution of the work as outlined in the plan. The property owner will then pay the total estimated cost above the to the City of Manistee before the work starts. Adopted: _______________, 2023 ___________________________ William Gambill, City Manager City of Manistee 2 General Policy GP-79 Planning Commission Katie Mehl March 30, 2023 Manistee County Planner 395 3rd St. City of Manistee Planning Commission Members Manistee, MI 49660 70 Maple Street 231.723.6041 planning@manisteecountymi.gov Manistee, MI 49660 www.manisteemi.gov Dear Planning Commission Members, At the work session held on March 9, 2023, the Commission discussed language for an amendment to the Zoning Ordinance for feather flags. It was also requested to contact the City Engineer and City Building Inspector for an opinion on how the Feather Flags should be anchored. Attached to this memo is the draft language, and you will see that language is not included for anchoring the flags. Below are the recommendations of the City Building Inspector and City Engineer. They had differing opinions, but great points for each. Staff felt it was most appropriate for the Planning Commission to make a final determination for this section of the language. City Building Inspector • Recommends not using ground spikes or anything stuck in the ground due to the liability and risk of hitting infrastructure, would need to contact Mis Dig for any installation. • Prefers the weighted bases such as the metal base or sandbag style weight. City Engineer • Recommends using ground spikes where possible. • Recommends flags are removed if wind speeds exceed 20 miles/hour and provided the following article: https://skynasoars.wordpress.com/2012/12/07/feather-flags-understanding- wind-speeds/ (Article also attached to this memo) Staff is requesting the language is finalized, and action is taken to recommend approval to City Council. Please do not hesitate to contact me if you have any questions or concerns. Sincerely, Katie Mehl Manistee County Planner City of Manistee Zoning Administrator Feather Flags – Understanding wind speeds | Skynasoars Flags & Banners Home Our Background ← Ghost Bird – Live Installation : September 2012 : Epsom Allsorts Ladies Running Club → Trough of Bowland Feather Flags – Understanding wind speeds Recent Posts Posted on December 7, 2012 by skynasoars Skynasoars introduce a range of budget price feather flags. How some of the world’s As a keen enthusiast in the 1980s I took the responsibility for organising the York designers have used flags as a Kite Festival over three years. The greatest difficulty then, was raising the finance, visual art form but once the event became established, sponsors became easier to find. These How to design a feather flag Evolution of the feather flag events were generally well attended, with an average of 5,000 plus visitors over the Join Dan’s Fund for Burns – for weekend. a run in the Royal Parks Half Marathon While most of the participants were aware of the safety issues, others were not so, Categories and some serious problems did occur. But the requirement that we plan, forecast festivals and identify those safety risks beforehand was never imposed by our insurance Marketing provider. Archives March 2017 Risk assessment and management has now become so paramount, even when September 2015 December 2014 presenting small events that only the hardy, experienced and well financed ever September 2014 venture along this route – and the event they so wished for, never takes place. August 2014 July 2014 March 2014 The consequence of all these safety requirements, as a company we are regularly October 2013 asked to advise of the safety risks of using our feather flags. The list of does and June 2013 dont’s is growing but the most common question concerns windspeed – what is the May 2013 April 2013 maximum wind speed they can be used ? December 2012 October 2012 Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. Most manufacturers will recommend a maximum windspeed for feather flag poles to To find out more, including how to control cookies, see here: Cookie Policy July 2012 Close and accept May 2012 be used safely is Force 4-5 = 18-25 mph, when secured by a spike. This should be January 2012 made known to your insurance provider, and your risk assessment based on these figures. Some aluminium and high carbon poles are designed to accommodate Skynasoars Websites Skynasoars higher wind speeds, but these are not usually offered to the wider market, and only Wedding and Festival Flags available from specialist suppliers. When using any kind of base, these maximum winds speeds no longer apply, and Follow are much lower depending on the type of base, its weight and footprint. https://skynasoars.wordpress.com/2012/12/07/feather-flags-understanding-wind-speeds/[3/30/2023 10:37:30 AM] Feather Flags – Understanding wind speeds | Skynasoars Flags & Banners What signs to look for ? Wind Force Wind Signs to look for Level of Comfort Beaufort Scale Speed MPH 0 Calm 0-1 Smoke Rises No Wind 1 Light air 2-3 Flags start to ripple. Little Wind 2 Light 4-7 Flags begin to stiffen and Feel the wind on Breeze wave your body 3 Gentle 8-12 Leaves rustle, top branches Wind Comfortable Breeze sway. Flags flutter 4 Moderate 13-18 Small trees sway: Flags Uncomfortable in Breeze flap vigorously the wind 5 Fresh 19-24 Flag poles tilt. Litter blown Walking into wind Breeze along ground difficult. 6 Strong 25-31 Flags noisy, poles rattle & Walking Breeze bend, ground spikes impossible. loosen. Shelter essential The basic rule of thumb – if the poles are bending to a 75 degree angle; the ground spike is becoming insecure, or the offset side of the base is lifting high off the ground – then it is time to remove the flags from the pole. Share this:  Twitter  Facebook Related Evolution of the feather flag Feather Flags : Double sided Skynasoars introduce a range September 23, 2014 printing explained of budget price feather flags. In "festivals" July 17, 2014 March 10, 2017 In "festivals" In "festivals" About skynasoars Jim Rowlands ; MD Skynasoars Ltd. Offering creative branding for outdoor events -corportate entertainments and festivals, in the form of feather banners, tear drop flags, pop up signs and windsocks. Based in Scunthorpe UK View all posts by skynasoars → https://skynasoars.wordpress.com/2012/12/07/feather-flags-understanding-wind-speeds/[3/30/2023 10:37:30 AM]  ORDINANCE Z23-01 AN ORDINANCE TO AMEND IN PART ARTICLE 2 AND ARTICLE 21 OF THE CITY OF MANISTEE ZONING ORDINANCE ENTITLED “MANISTEE CITY ZONING ORDINANCE” WHICH WAS ADOPTED FEBRUARY 21, 2006. THESE AMENDMENTS ARE PREPARED TO ADDRESS THE PROHIBITION OF FEATHER FLAGS IN ALL ZONING DISTRICTS AND TO REPEAL ALL ORDINANCES IN CONFLICT THEREWITH THE CITY OF MANISTEE ORDAINS: Section 1.: Amend Article Two: Definitions And Interpretation Amend SECTION 220 S • Add, SIGN, subsection J. Feather Flag: A sign, which is a flag 5-15 feet tall that is commonly made of lightweight, polyester material and mounted on a sectional pole made of fiberglass, PVC or aluminum, used to advertise a company and draw attention to an event or business. Common shapes of Feather Flags include but are not limited to Blade, Tear Drop and Rectangle. (See Image: “Feather Flag Types”). Can also be referred to as a Feather Banner or Swoop Flag. • Add image at end of Sign definition for Feather Flag Types. • Recodification, Recodify subsection A-J in alphabetical order. Subsection shall remain under the parent section. Section 2.: Amend Article Twenty-One Signs Amend SECTION 2104 PROHIBITED SIGNS • Add, G. Feather Flags, except the following: 1. With the opening of a new business in non-residential districts, after completing a new business registration with the City Clerk. a. One (1) Feather Flag is permitted for no longer than sixty (60) consecutive days after the date of opening. b. Must be properly secured to the ground using ____________. c. A land use permit is not required. d. Section 2102. E must be adhered to. 2. In accordance with Section 2101 A.2. Section 3.: 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 4.: 1 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. Section 5.: 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 __________, 2023. 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 ___________, 2023, 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 2 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 __________, 2023. ____________________________________ Heather Pefley, City Clerk 3 FEATHER FLAG TYPES Planning Commission Katie Mehl February 23, 2023 Manistee County Planner 395 3rd St. City of Manistee Planning Commission Members Manistee, MI 49660 70 Maple Street 231.723.6041 planning@manisteecountymi.gov Manistee, MI 49660 www.manisteemi.gov Dear Planning Commission Members, I received a request to initiate a land use on a property in the C-1 Regional Commercial District that is not listed as an allowable use within the district. Staff has found the use proposed is similar to a use permitted by right. When this occurs, the Zoning Ordinance allows for the Planning Commission to decide if the use may be sufficiently similar to uses listed as permitted by right or as special uses, per Section 530: Unclassified Uses. SECTION 530 UNCLASSIFIED USES The Planning Commission may find that a land use, while not specifically classified in this ordinance as a permitted or special land use, may be sufficiently similar to uses listed as permitted by right or as special uses. In that event, such unclassified uses may be reviewed and treated as similar classified uses within the district. In reaching such a finding, the Zoning Administrator shall first evaluate the proposed use in terms of the potential generation of traffic, congestion, noise, odors, dust, litter and similar impacts. In addition, the proposed use shall be evaluated to determine the degree to which it may support or conflict with the intent of the district and other permitted and special land uses. If the Zoning Administrator determines that such use is similar to the uses permitted by special use permit, a report outlining the determination shall be provided to the Planning Commission with a recommendation to consider such use as sufficiently similar to permitted or special land uses within the district and the approval standards that should be used to evaluate the proposed use. Where a proposed use of land or use of building is not contemplated or specified by this Ordinance or where the Zoning Administrator has a question as to the appropriateness of a use which, although permitted, involves other features which were not contemplated or specified by this Ordinance, the Zoning Administrator shall request a determination by the Planning Commission. If the Planning Commission determines that such use is not contemplated or specified by this Ordinance, or that it involves features which were not contemplated or specified herein, such use shall be prohibited. This memo will serve as the report by the Zoning Administrator, indicated in section 530, outlining the determination of this use being sufficiently similar to permitted or special land uses within the district. The property in question is addressed as parcel ID #51-51-146-709-09, commonly known as 24 Arthur Street. The proposed use of the property is an office and dry storage for a restaurant located on a different parcel, outside of the City limits. Staff has found the proposed use of the property for an “Business Office and Dry Storage” is similar to the use of a Professional Office, which is a permitted use in the district. Please see below for the definition of this use: PROFESSIONAL OFFICE: The office of a member of a recognized profession maintained for the conduct of that profession. Due to the proposed use having the storage component and being utilized for a business off- site, staff felt it was most appropriate for the Planning Commission to determine if the use is similar to the permitted use of a Professional Office. The proposed use has been evaluated in terms of the potential generation of traffic, congestion, noise, odors, dust, litter and similar impacts. Of the terms listed, there would be no further impact from this proposed use than what may be seen for a “Professional Office” or other similar uses permitted by right within the district. The intent of the C-1 District is to provide areas for commercial uses intended to serve the larger community and the traveling public in the vicinity of highway U.S.-31 and to promote the economic development of the City in conformity with the Manistee City Master Plan, while establishing standards for curb cut location, pedestrian facilities, parking and shared parking, loading/unloading area, landscaping, and building form intended to mitigate the negative impacts of lineal development along highway U.S.-31; and potential conflicts with nearby residential districts. Staff has determined the proposed use meets the intent for the district being a low-impact commercial use of the property. At this time, staff is requesting a determination on if the use of “Business Office and Dry Storage” is sufficiently similar to other uses permitted by right within the C-1 Regional Commercial District, specifically a “Professional Office” as defined by the City of Manistee Zoning Ordinance. Following this memo is Article Thirteen C-1 Regional Commercial District for your review and reference. Please do not hesitate to contact me if you have any questions or concerns. Sincerely, Katie Mehl Manistee County Planner City of Manistee Zoning Administrator  2023 Permits and Business Registrations Permit # Date Address Owner/Business Details Bus. Reg. 1/6 537 Cypress St. Sweet Fire Tobacco Change of ownership and business name Bus Reg. 1/23 120 Cypress St. AT&T New business, no LUP due to tenant space approved on previous LUP Bus. Reg. 1/17 350 River St. River Street Sports Bar & Grill Change of ownership PZ23‐001 1/19 149 Eighth St. Edward Jay Devries Addition on existing single family dwelling PZ23‐002 1/27 555 First St. 12th Street Youth Project 16x24 storage shed for existing equipment on property Bus. Reg. 1/27 431 River St. Gypsy's Botanica New business, no LUP required with no change of use from previous tenant PZ23‐003 1/30 217 Arhtur St. Little Riverside Motel & Marina Dumpster enclosure PZ23‐004 1/31 312 River St. Blue Fish Kitchen & Bar Dumpster enclosure PZ23‐005 1/31 1104 Cherry St. Lakeview Apartments Dumpster enclosure PZ23‐006 2/2 170 Memorial Dr. Family Dollar Dumpster enclosure PZ23‐007 2/6 310 Glocheski Dr. Manistee Benzie Comm. Mental Health Dumpster enclosure PZ23‐008 2/3 313 Maple St. Chad Whitman PC‐2023‐01 SUP: Duplex PZ23‐009 2/27 303 First St. Three Peas & Bellsprouts Added use to property of retail establishment. Two tenants. Bus Reg. 2/16 303 First St. Bellsprouts New business, PZ23‐009 issued for new use Bus. Reg. 2/23 64 Arthur St. West Coast Construction Services New business, PZ23‐010 issued for new use PZ23‐010 2/27 64 Arthur St. West Coast Construction Services Added use to the property of professional office and dumpster enclosure PZ23‐011 3/1 78 Arthur St. Verizon Wireless Antenna upgrade on existing tower Bus. Reg. 3/15 318 River St. The Golden Stag New business, no LUP required with no change of use from previous tenant