Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, June 1st, 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 June 1st, 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 May 4th, 2023, Meeting Minutes. VI Correspondence Correspondence has been shared with the Planning Commission and will not be read aloud. VII Presentation/Speaker Police Chief Josh Glass 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 141 Washington Street – Special Use Permit Extension Request Use Similar – 443 Water Street Preliminary Site Plan Review – 533 1st Street XI Old Business Neighborhood Enterprise Zone (NEZ) – Tracy Davis, Housing Coordinator Zoning Amendment to parking for condos in C-3 District 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 Issued Permits & Business Registrations 2023 XIV Meetings and Trainings Attended by Members 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 May 4, 2023 A meeting of the Manistee City Planning Commission was held on Thursday, May 4, 2023 at 7 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 7:05 pm by Chair Wittlieff. ROLL CALL Members Present: Bob Slawinski, Marlene McBride, Pamela Weiner, Shelly Memberto, Michael Szymanski, and Mark Wittlieff Members Absent: Roger Yoder Others: Katie Mehl (County Planner 1 & City Zoning Administrator) and Nancy Baker (Recording Secretary) APPROVAL OF AGENDA Motion by Commissioner Szymanski seconded by Commissioner Memberto to approve the May 4, 2023 agenda as printed. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Weiner, McBride, Memberto, Szymanski, and Wittlieff No: None CONFLICT OF INTEREST None APPROVAL OF MINUTES Motion by Commissioner Memberto, seconded by Commissioner Szymanski to approve the April 5, 2023 minutes as printed. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Weiner, McBride, Memberto, Szymanski, and Wittlieff No: None CORRESPONDENCE None City of Manstee Planning Commission Meeting Minutes of May 4, 2023 Page 1 PUBLIC HEARING Z23-02-HDC Guidelines #2 Signage Open 7:07 pm Ms. Mehl: not changing intent or regulation of zoning ordinance Referencing HDC #2 Signage within Article 15 and Article 21 Amend Article 15; C-3 Central Business District; Section 1500 Amend Article 21; Signs; Section 2103 HDC amended their guidelines to be flexible with temporary window signage and to make note of these amendments within the city zoning ordinance Closed 7:09 pm PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS Z23-02-HDC-Guidelines #2 Signage Motion by Commissioner Szymanski, seconded by Commissioner Memberto to approve the #2 Signage amendment as written. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Weiner, McBride, Memberto, Szymanski, and Wittlieff No: None 515 Maple Street—Dumpster Waiver Request Casandra Ferguson, real estate agent, manage 515 Maple Street property, speaking on behalf of the property owner: Requesting waiver 4-sided enclosure would make access for trucks near impossible Enclosure would impact on tenants parking Installing wooden 2-sided L-shaped enclosure on cement pad Waiting for letter from Republic supporting the trucks difficulty to access dumpster with a 4-sided enclosure Motion by Commissioner Slawinski, seconded by Commissioner Szymanski to approve the dumpster waiver for 515 Maple Street and to submit the letter from Republic Services to the department once received. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Weiner, McBride, Memberto, Szymanski, and Wittlieff No: None City of Manstee Planning Commission Meeting Minutes of May 4, 2023 Page 2 Neighborhood Enterprise Zone (NEZ) Tracy Davis, Housing North: NEZ in beginning stages Out of housing plan accepted by City Council in 2019 Establish zone in Maxwell town and adjacent NEZ provides tax incentives for rehabilitation and housing Encourages housing, growth for year-round residential housing Residents must apply for NEZ Requesting PC review Master Plan-will NEZ fit into it Not all places will qualify Looking for: NEZ to fit MP, PC and Economic Development in favor and supports Ms. Mehl: will draft letter of recommendation from PC to City Council for June meeting, PC review MP and provide comments, draft letter can be modified if needed with final letter after meeting to be presented to City Council. Motion by Commissioner McBride, seconded by Commissioner Slawinski for staff to work on a draft letter of support and recommendation to City Council. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Weiner, McBride, Memberto, Szymanski, and Wittlieff No: None Zoning Amendment to Parking in C-3 district Ms. Mehl: Parking requirements as related to hotels/motels and condominiums Parking is not required for other uses: retail, restaurants, downtown uses Hotels under a certain size could be exempt DDA working on Streetscape Plan/downtown parking study Parking for residential condominiums Many city business owners/staff use downtown parking- taking away from customer parking City police may chalk for overparking in downtown over certain number of hours (2 hrs.) Can take to attorney to receive legal opinion and recommendation PC agreed to contact the city attorney on the matter, for their review, opinion, and recommendation--will bring this to the next monthly meeting. By-laws Amendment—RRC Board and Commission Training Strategy Ms. Mehl: Reviewed RRC ongoing tasks Board and Commission training strategy document Documentation recommendation: amend By-laws to include a standing agenda with item of Meetings and Trainings-annual training goals Amend By-laws: City of Manstee Planning Commission Meeting Minutes of May 4, 2023 Page 3  o Amend 3.9 Order of Business o Add #8 Annual Review of Training Goals o Move #8 Amendments to #9 Draft By-laws reviewed and approved by attorney Present draft By-laws to City Council Motion by Commissioner Szymanski, seconded by Commissioner Slawinski to approve the By- laws draft. With a Roll Call vote this motion passed 6 to 0. Yes: Slawinski, Weiner, McBride, Memberto, Szymanski, and Wittlieff No: None OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS None STAFF REPORTS Ms. Mehl: Issued Permits & Business Registration 2023 Compiled list of 2023 issued permits to date (land use, business registrations, sign permits, HDC permits) Safe Built inspector has taken another position Fire Department: Chief Cameron has retired; replacement has been chosen Working items: 1st Street beach concession, fireworks approved at same location, kids’ safety day City placing new entry signs City Council budget, possibly moving planning and zoning in house, county contract expires September 30th Marc Miller-Chamber working on; survey to PC, top 5 redevelopment sites, joint meeting with council MEMBERS DISCUSSION Commissioner Slawinski: Hampton Inn tour, hiring local people Commissioner Weiner: inquired on bed and breakfast at 5th/Pine Streets Commissioner McBride: inquired on storage unit on 12th Street, buildings by 155 8th Street were red tagged and projects seem to have stopped Commissioner Wittlieff: thanked Ms. Mehl for Hampton Inn tours, inquired on dumpsters, Chief Glass to speak at June meeting, 155 8th Street apartment open house- job completed- well done, garage next door is over parcel line and rain gutters on garage are needed to control run- City of Manstee Planning Commission Meeting Minutes of May 4, 2023 Page 4 off onto 155 8th Street, DDA Streetscape will be at downtown West Shore building, inquired on Ringel Oil building ADJOURNMENT Motion by Commissioner Slawinski, seconded by Commissioner Memberto to adjourn the meeting. The meeting was adjourned at 8:36 pm. MANISTEE PLANNING COMMISSION Nancy Baker Nancy Baker, Recording Secretary City of Manstee Planning Commission Meeting Minutes of May 4, 2023 Page 5 Planning Commission Katie Mehl May 24, 2023 Manistee County Planner 395 3rd St. City of Manistee Planning Commission Members Manistee, MI 49660 70 Maple Street 231.398.3525 kmehl@manisteecountymi.gov Manistee, MI 49660 www.manisteemi.gov Dear Planning Commission Members, The owners of 141 Washington Street are looking to extend their special use permit for a Planned Unit Development. The original permit was issued January 6, 2022, and is set to expire on January 6, 2024. I have included the documentation presented at the January 6, 2022, meeting where this request was heard, as well as the approved special use permit for the development. The Planning Commission may approve an extension per SECTION 1801 SPECIAL USE PROCEDURES. I. Expiration.3. which reads: “3. If no date is stipulated the special use permit shall expire two (2) years from date of final approval if the applicant has not commenced substantial construction and is not diligently proceeding to completion, or the use has not commenced if the approval does not involve construction. Upon written request by the applicant, stating the reasons therefore, the Planning Commission may extend the time for commencement of construction or use.” The applicant will be present to answer any questions the Commission may have on this request. Please let me know if you have any questions or concerns. Sincerely, Katie Mehl Manistee County Planner City of Manistee Zoning Administrator  Planning & Zoning 395 Third Street Manistee, MI 49660 231.723.6041 (phone) 231.398.3526 (fax) Planned Unit Development Application Please Print Submission of Application Applications must be submitted 30 days prior to the meeting for review for completeness. A Planned Unit Development application shall be submitted to the Planning Commission for review, analysis, and recommendation. Each application shall be accompanied by the payment of a fee $ 0.00 and any applicant escrow payments as required by Section 2701 and in accordance with the schedule of fees adopted by the City Council to cover the costs of processing the application. All land for which application is made must be owned by or under the control of the applicant, and the parcel must be capable of being planned and developed as one integral unit including any non- contiguous parcels. The application must be signed by all applicants and must contain the materials described in this Section. Failure of the applicant to provide such requested information in a timely manner may delay the process of review. Property Information Address: Parcel # Applicant Information Name of Owner or Lessee: Address: Phone #: Cell#: e-mail: Name of Agent (if applicable): Address: Phone #: Cell#: e-mail: Narrative A detailed narrative description of the applicant's intent and objectives (physical, social, and environmental). A certified boundary survey and legal description of the property. A statement of present ownership of all land contained in the PUD. Population profile for the development. Proposed financing. Development staging. Estimated impact of the proposed development on roads, schools, and utilities, including water and sewer, fire protection and emergency services. Waste emissions and methods of handling smoke, dust, noise, odors, liquid and solid wastes, and vibrations, if applicable. Market and economic feasibility. Such other information pertinent to the development or use. Site Plan Review Process A planned unit development application (6 copies) shall be submitted to the Site Plan Review Committee (Subcommittee) of the Planning Commission for review, analysis, and recommendation. An application fee is required and shall be non- refundable. All land for which application is made must be owned by or under the control of the applicant, and the parcel must be capable of being planned and developed as one integral unit including any non-contiguous parcels. The application must be signed by all applicants and must contain the materials described in this Section. Failure of the applicant to provide such requested information in a timely manner may delay the process of review. After recommendation by the Site Plan Review Committee the applicant will submit 10 copies of the application and Site Plan for the Planning Commissions consideration. Planned Unit Development (PUD) Application Page 1 of 3 Applicant: Submission Guidelines Items that are bold and italicized cannot be waived Detailed site plan shall include twelve (12) copies of all required information including any documents rendered in color and a digital PDF of the Site Plan shall be forwarded to the Planning and Zoning Department. Unless specifically waived by the Zoning Administrator the site plan shall be prepared by an Engineer, Architect, Landscape Architect or Surveyor licensed to work in Michigan and shall include and illustrate at a minimum the following information: Waived Included Planned Unit Development and Detailed Site Plan Requirements Initials The site plan shall be prepared by an Engineer, Architect, Landscape Architect or Surveyor licensed to work in Michigan. A scale drawing of the site and proposed development thereon, including the date, name and address of the preparer, a certified boundary survey and legal description of the property. In no instance shall the scale of the drawing be greater than one inch equals 20 feet nor less than one inch equals 200 feet. One copy shall be submitted in a photo-reduced form on 17” x 11” paper. Property parcel number (from the Assessment Roll of the City). The scale of the drawing and north arrow A vicinity map illustrating the property in relation to the surrounding street system. Existing and proposed topography of the site at two (2) foot contour intervals, its relationship to adjoining land, and proposed changes in topography. Topography of the site and its relationship to adjoining land illustrated at 2-foot contours and including an area extending 100 feet from the parcel boundary. Illustration of existing natural and man-made features, existing land use and zoning for the entire site and surrounding area within one hundred (100) feet. Existing man-made features, including buildings, fences, landscaping, parking, screening and the locations, heights and footprint of each. The location of all existing trees having five (5) inches or greater diameter at breast height, identified by common or botanical name. Trees proposed to remain, to be transplanted or to be removed shall be so designated. Cluster of trees standing in close proximity (3-5 feet or closer) may be designated as a "stand" of trees, and the predominant species, estimated number and average size shall be indicated. All water features; springs streams and creeks, lakes and ponds, wetlands, and flood plains. Locations, heights and sizes of existing and proposed structures and other important features. Illustration of all proposed improvements and buildings, fences, landscaping, parking and screening, including location, height, footprint of each. A rendering of the exterior elevation of the proposed buildings and structures, on-site parking, sidewalks, and travel lanes. Proposed setbacks from property lines and building separations distances. Setback lines and their dimensions. The percentage of land covered by buildings, parking and landscape open space, or preserved open space. Percentage of land covered by buildings and impervious surfaces and that reserved for open space. A land use tabulation summary shall be provided indicating types of uses, acreage for each land use, number of units, densities and land use intensities. Dwelling unit density where pertinent; including a density schedule demonstrating number of each dwelling type, if applicable. Dwelling unit density where pertinent. Project phasing, if applicable. Location of public and private rights-of-way and easements contiguous to and within the proposed development which are planned to be continued, created, relocated or abandoned, including grades and types of construction of those upon the site. Location of public and private rights-of-way and easements contiguous to and within the proposed development which are planned to be continued, created, relocated or abandoned, including grades and types of construction of those upon the site. Curb-cuts, driving lanes, parking, and loading areas. Curb-cuts, driving lanes, parking and loading areas, including the number of parking spaces and parking calculations; vehicular circulation patterns and features, location and size of all parking spaces and the identification of service lanes and parking. Curb-cuts and driveways on adjacent properties.  Location and type of drainage, sanitary sewers, storm sewers, and other facilities. Location and type of drainage, sanitary sewers, storm sewers and other facilities, including surface and subsurface drainage for all impermeable surfaces on the site and all drainage calculations. Existing and proposed water main, sanitary and storm sewer, natural gas, electric, telephone, cable television and other utilities, the proposed location of connections to existing utilities and any proposed extensions thereof. Proposed changes to the topography of the site illustrated at no greater than two (2) foot contours. Soil erosion and sediment control measures which shall include preventative soil erosion devices or measures, both during and after any site work related to the development. Signage characteristics and on-site illumination. Detail on proposed signage including an illustration of all proposed signs, their surface area, height and nature of illumination, in accordance with Article 21. A lighting plan in conformance with Section 525. Location and nature of fences, landscaping and screening. The proposed landscape massing, open spaces and their intended use, active and passive recreation facilities pursuant to the landscaping and buffering standards of Section 531. A written and illustrated landscape plan prepared in accord with Section 531 of this Zoning Ordinance. If the parcel is a result of a parcel division undertaken after the adoption of this Ordinance, the site plan shall illustrate all structures and buildings, drawn to scale located on the previously undivided property. Any additional material information necessary to consider the impact of the project upon adjacent properties and the general public, as may be requested by the Planning Commission. Any additional material information necessary to consider the impact of the project upon adjacent properties and the general public as may be requested by the Zoning Administrator or the Planning Commission. Any required approvals, permits, changes or modifications required by any applicable regulatory agency. Special Groundwater Protection. [If applicable – requirements will be provided] Authorization CERTIFICATION AND AFFIDAVIT: The undersigned affirm(s) that he/she/they is/are the owner, leasee, owner's representative, contractor involved in the application; and that the information included in this application is correct. Further, if the request is approved, the applicant will comply with all of the requirements of the City of Manistee Zoning Ordinance and certifies that measures proposed to mitigate adverse impacts will be completed in a timely fashion. The undersigned, by signing the Application, agrees to pay any and all fees and escrow payments in full as provided in Article 27. Signature: _____________________________________________ Date: ______________________ Signature: _____________________________________________ Date: ______________________ If applicant is Incorporated or a Limited Liability Corporation a copy of the Articles of Incorporation are to be submitted with application. By checking this box permission is given for Planning Commission Members to make a site inspection if desired. Yes No Please indicate if the applicant will be tax exempt, applying and/or eligible for tax abatements, credits or deferments for this proposed project. If Yes, explain: _________________________________________________________________________________________ [The Planning Commission may request this additional information after the Public Hearing on the application] Office Use Only Fee: $ 0.00 $__________Escrow Payment Receipt # Date Received: Hearing Date: PC - Planned Unit Development (PUD) Application Page 3 of 3 Kevin Schaeffer Clover Real Estate Investments, LLC 5548 Silverleaf Ct. Haslett, MI 48840 November 1st, 2021 Manistee Planning & Zoning 395 Third Street Manistee, MI 49660 (231) 723-6041 Subject: Planned Unit Development - 141 Washington Street, Manistee In September of 2021, Clover Real Estate Investments purchased the building located at 141- 149 Washington Street, Manistee, MI 49660. Our plan is to fully renovate the interior and exterior of the building by adding ten 1-Bed/1-Bath apartments to the upper level and five 1-Bed/1-Bath apartments to the lower level. Additionally, we plan to white-box the commercial space (in hopes of attracting a high-end meat market/grocery store to the area) and confident this will help fill the demand for high-quality, downtown housing in Manistee and offer a convenient way for the entire community to obtain quality meat, food, and other essential items. Our intent is to rent to long-term tenants. Our target rent for each apartment is approximately $1,000/month. The project includes on-site parking and an elevator is proposed to assist both the commercial and residential tenants. The project is expected to cost approximately $3,250,000.00 which will be financed by debt, equity and city, state, and federal incentive programs. Once initiated, it is expected that the construction period will last approximately 8-12 months. We do not anticipate any negative impact to the surrounding environment nor any excessive demand on the local utilities.  SPEICAL USE PERMIT PLANNED UNIT DEVELOPMENT CITY OF MANISTEE 70 Maple Street Manistee, Michigan 49660 This SPECIAL USE PERMIT, herein after referred to as the permit, is granted pursuant to the authority granted in Article 18: Standards and Requirements for Special Uses, of the Manistee City Zoning Ordinance, effective March 27, 2006. Name of Property Owner/Permit Holder: Clover Real Estate Investments, LLC Mailing Address: PO Box 373, Haslett, MI 48840 Description of Property affected by Special Use Permit: 51-146-732-10 AMENDED MAP OF ENGELMANNS ADD, LOTS 2, 3 & 4, BLOCK 14. Description of Special Use Granted, as Permitted in Article #18 Section #1870 – Planned Unit Development Special Use Permit Application #PC-2022-01 Approved by the Planning Commission on January 6, 2022 As described in Attachment B - Resolution to Approve & Site Plan #: 2021.150 dated 12/2/2021 PERMIT CONDITIONS AND REQUIREMENTS: This permit is issued, subject to the following conditions and/or requirements as contained in Article 18, Section 1870: CONDITIONS: The project has expiration date of January 6, 2024 A Third-Party Review of the suppression system is needed. A Third-Party Review of the fire alarm system is needed. FDC location and specifications to be approved by the fire department. o Fire hydrant to be located within 100’ of FDC. Knox box to be installed. There is one in place already, but new keys will need to be provided for the building to be placed inside the existing box. 2-hour separation is needed between the mercantile and R-2. Is the fire escape ladder on the north side being removed? Elevator to be sized so that EMS stretcher can fit inside of it without collapsing. Preliminary plans – will need to review construction plans when complete. Traffic/ Parking – Using existing curb cuts. Will need detailed grading plan with construction plans. Storm Sewer - will need storm sewer details, detention details, and calculations with construction plans. Need to show grading on construction drawings verify no stormwater runoff is not going onto neighboring properties. Storm sewer on Washington will have adequate depth and is adequate size for the outlet. 1  New sanitary lead, potable water leads, fire suppression lead appears to be adequate. Required fire flow demands should be provided by architect/engineer with construction plans. The storm tie in on Washington will need to occur within an existing or new manhole structure. TRANSFER OF PERMIT This permit is transferable only in accordance with Article 18, Section 1801.H of the ordinance. EXPIRATION OF PERMIT (as per Article 18 Section 1801.I): A Special Use permit shall be valid for as long as the approved use continues in accordance with the terms and conditions of the approved permit. The Special Use permit will expire on the occurrence of one or more of the following conditions: 1. If replaced or superseded by a subsequent permitted use or Special Use permit. 2. If the applicant requests the rescinding of the Special Use permit. 3. If a condition of approval included stipulation to expire the Special Use permit by a certain date. 4. If the use is abandoned, moved, or vacated for a period of one year. VIOLATIONS OF PERMIT (see Article 18 Section 1801.J): Any violation of the terms, conditions or limitations of a Special Use permit shall be cause for revocation or suspension of the permit. The Planning Commission may either revoke or suspend, pending correction of the violation, any Special Use permit. The act to revoke or suspend the permit shall occur after giving notice to the permit holder, specifying the alleged violation(s) and disclosing when a hearing will be held on the matter. The notice shall be delivered by registered mail. Any interested party may appear in person or by attorney at the hearing. The act to revoke or suspend the permit shall occur after or at the hearing on the matter. Before revoking or suspending the permit, the Planning Commission shall make a finding that a material violation of the Special Use permit exists. The permit holder shall be given reasonable opportunity to correct the violation(s). 2 CERTIFICATION OF PERMIT The above SPECIAL USE PERMIT was granted by the Manistee City Planning Commission pursuant to the requirements of the Manistee City Zoning Ordinance. DATE OF APPROVAL: January 6, 2022 CITY OF MANISTEE STATE OF MICHIGAN ) ) SS. _______________________________________ COUNTY OF MANISTEE ) Katelyn Mehl Dated Zoning Administrator On ________________, 2022, before me, a Notary Public in and for said County, personally appeared Katelyn Mehl to me known to be the same person described in and who executed the within instrument, who acknowledged the same to be his/her free act and deed. Notary’s Stamp ____________________________ _____________________________________ (Notary’s name, county, acting in County, Notary’s Signature and Date Commission expires) ACKNOWLEDGMENT & RECEIPT OF PERMIT I (we) the undersign do hereby certify that I am (we are) the person(s) listed above as the special use permit holders of their authorized legal representative. I (we) do further certify that I (we) have read, understand and agree to comply with all of the requirements and conditions of this permit, as listed above and in the Manistee City Zoning Ordinance. STATE OF MICHIGAN ) ) SS. COUNTY OF ______________ ) _______________________________________ Clover Real Estate Investments, LLC/ Kevin Schaeffer Dated On ________________, 2022, before me, a Notary Public in and for said County, personally appeared Clover Real Estate Investments, LLC/ Kevin Schaeffer, to me known to be the same person described in and who executed the within instrument, who acknowledged the same to be his/her free act and deed. Notary’s Stamp ____________________________ _____________________________________ (Notary’s name, county, acting in County, Notary’s Signature and Date Commission expires) 3 Prepared by: KATELYN MEHL ZONING ADMINISTRATOR CITY OF MANISTEE 70 Maple Street Manistee, MI 49660 231.398.2805 4 Planning Commission Katie Mehl , 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-3 Central Business 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 # 51-349-708-05, commonly known as 443 Water Street. The proposed use of the property is a Mixed-Use Development for a Professional Office and Golf Cart Rental. The specific underlying use that is not identified in the Zoning Ordinance is Golf Cart Rental. Staff has found the proposed use of the property for a Mixed-Use Development with the identified underlying use of Golf Cart Rental is similar to the use of a Retail Business, which is a permitted use in the district. Please see below for the definition of this use: RETAIL BUSINESS: An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Due to the proposed use not entirely fitting the above definition, staff felt it was most appropriate for the Planning Commission to determine if the use is similar to the permitted use of a Retail Business. 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 “Retail Establishment”, or other similar uses permitted by right within the district. The intent of the C-3 District is to protect and strengthen the commercial core of the City of Manistee as a regional and specialty shopping, service and entertainment area; to encourage a broad range of compatible retail, service, entertainment and residential uses formed vibrant, walkable and attractive districts in concert with the objectives of the Master Plan and Downtown Development Authority Plan; while establishing standards to manage traffic and parking, operational impacts, parking and shared parking, loading/unloading area, landscaping, and building form intended to complement existing commercial uses and surrounding residential neighborhoods. 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 “Golf Cart Rental” is sufficiently similar to other uses permitted by right within the C-3 Central Business District, specifically a “Retail Business” as defined by the City of Manistee Zoning Ordinance. Following this memo is Article Fifth: C-3 Central Business District for your review and reference as well as the Commercial Land Use Application submitted for the development. 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  443 Water Street, Circa 2021 432 RIVER ST 440 RIVER ST 460 RIVER ST 429 RIVER ST 429 1/2 RIVER ST 431 RIVER ST 437 RIVER ST 445 RIVER ST 435 RIVER ST 77 OAK ST 453 RIVER ST 75 OAK ST 451 RIVER ST 457 RIVER ST 430 WATER ST 11 74 PINE ST 427 WATER ST 80 PINE ST 443 WATER ST 86 PINE ST 445 WATER ST 81 OAK ST 428 FIRST ST 448 FIRST ST 99 PINE ST 422 FIRST ST Legend 449 FIRST ST ± Address Points Parcel Lines 0 25 50 100 Feet 100 OAK ST 421 FIRST ST 105 PINE ST City of Manistee Zoning Ordinance Article Fifteen C-3 Central Business District As Amended thru January 13, 2023  ARTICLE FIFTEEN C-3 CENTRAL BUSINESS DISTRICT SECTION 1500 PURPOSE AND INTENT It is the intent of this District to protect and strengthen the commercial core of the City of Manistee as a regional and specialty shopping, service and entertainment area; to encourage a broad range of compatible retail, service, entertainment and residential uses formed vibrant, walkable and attractive districts in concert with the objectives of the Master Plan and Downtown Development Authority Plan; while establishing standards to manage traffic and parking, operational impacts, parking and shared parking, loading/unloading area, landscaping, and building form intended to complement existing commercial uses and surrounding residential neighborhoods. PERMITTED USES Uses similar to uses permitted by right, subject Accessory buildings with floor area less than or to Section 530 equal to the footprint of the principal structure Veterinary Clinic Accessory uses related to uses permitted by Wind Energy Convesrion System, Accessory right subject to Section 515.G Animal Grooming Community Garden, subject to Section 534 SPECIAL USES Convenience Store w/o fuel pumps Accessory buildings with floor area greater than Day Care, Commercial the footprint of the principal structure Day Care, Group Accessory uses related to special uses Duplex Adaptive Reuse Dwelling, Accessory Bed & Breakfast Dwelling, Lower Floor Accessory Contractor’s Facility Dwelling, Street/ Ground Floor Accessory Drive-through Establishment Dwelling, Upper Story Accessory, subject to Dwelling, Multiple unit Section 1504 Home Occupation, Major Eating and Drinking Establishment Marina Educational Facility Planned Unit Development Financial Institution Uses similar to permitted special uses Gallery or Museum Home Occupation, Minor, subject to Section SPECIAL USES 1847, B, 1. Requires Key Street Frontage Hotel Motel Laundry and Dry-Cleaning Place of Public Assembly Large Medical or Dental Office [Annotation: Community Garden was added as a Permitted Use Mixed Use Development by Amendment Z11-06, effective 9/25/11] Outdoor Recreation, Park [Annotation: Wind Energy Conversion System, Accessory was Parking Facility added as a Permitted Use by Amendment Z11-08, effective 12/28/11] Personal Service Establishment [Annotation: Mixed Use Development was changed from a Place of Public Assembly, Small Special use to a Permitted use by Amendment Z17-04, effective Professional Office 6/16/17] [Annotation: Animal Grooming, Day Care Commercial, Day Care Professional Service Establishment Group, Dwelling Accessory, Educational Facility, Motel, Tattoo Retail Business Parlor and Veterinary Clinic were ADDED as a Permitted use by Sports and Recreation Club Amendment Z18-07, effective 08/31/18] Studio for Performing and Graphic Arts [Annotation: Motel was ADDED as a Special Use (requires key street frontage by Amendment Z18-07, effective 08/31/18] Subdivision, Plat or Condo (of permitted uses) [Annotation: Duplex, Laundry and Dry-Cleaning, Parking Facility, Tattoo Parlor Public and Sports and Recreation Club (requires key street Theater City of Manistee Zoning Ordinance Page 1 Article Fifteen C-3 Central Business District frontage) were changed from a Special use to a Permitted use by Amendment Z18-07, effective 08/31/18] [Annotation: Public was removed from parking facility by Amendment Z22-06, effective 01/13/23] City of Manistee Zoning Ordinance Page 2 Article Fifteen C-3 Central Business District  ADDITIONAL STANDARDS Site Plan requirements subject to Section 2203, except for upper story dwellings, which are subject to Section 2201, A Vehicular Parking Space, Access and Lighting requirements subject to Section 514 Landscaping requirements subject to Section 531 Signage requirements subject to Article 21 Dumpster and Enclosures subject to Section 506 Outdoor Lighting requirements, subject to Section 525 U.S. 31 Corridor Overlay District requirements, subject to Article 19 DISTRICT REGULATIONS (b) Minimum Lot Area: 2,500 sq. ft. Minimum Lot Width: 25 ft. Maximum Dwelling Units/Acre (a) Max. Building Height 4 stories, or 50’ Minimum Building Setbacks Maximum Lot Coverage 100% Front(c) 0 ft. Waterfront Yard 20 ft Side(d) (e) 0 or 4 ft. (each side) Minimum Living Area 500 sq. ft. Rear(e) 6 ft. (a) Not more than three units per each fifteen hundred (1,500) square feet of building envelope (b) Except as may be permitted pursuant to Section 1870, Planned Unit Development. (c) Subject to Section 502, G (d) Where a building is not proposed to be sited on the side lot line, a minimum yard of four (4) feet shall be provided. (e) When a proposed commercial use is contiguous to a parcel in the R-1, R-2 or R-3 districts, the Planning Commission may require and additional buffer consisting of a ten (10) foot side and/or rear setback, a four (4) foot high landscaped berm or solid fence up to six (6) feet in height, or any combination thereof. SECTION 1501 USES PERMITTED BY RIGHT The following uses of buildings and land shall be permitted within the C-3 District subject to the provisions of Article 22, Site Plan Approval. A. Accessory buildings with floor area less than or equal to the footprint of the principal structure B. Accessory uses related to uses permitted by right, subject to Section 516 C. Animal Grooming D. Community Garden, subject to Section 534 E. Convenience Store, without fuel pumps. F. Day Care, Commercial G. Day Care, Group City of Manistee Zoning Ordinance Page 3 Article Fifteen C-3 Central Business District H. Duplex I. Dwelling, Accessory J. Dwelling, Lower Floor Accessory subject to Section 1505 K. Dwelling, Street/ Ground Floor Accessory subject to Section 1506 L. Dwelling, Upper Story Accessory subject to Section 1504 M. Eating and Drinking Establishment N. Educational Facility O. Financial Institution P. Gallery or Museum Q. Home Occupation, Minor subject to Section 1847, B, 1 R. Hotel S. Laundry and Dry Cleaning T. Medical or Dental Office U. Mixed Use Development V. Outdoor Recreation, Park W. Parking Facility X. Personal Service Establishment Y. Place of Public Assembly, Small Z. Professional Office AA. Professional Service Establishment BB. Retail Business CC. Sports and Recreation Club DD.Studio for Performing and Graphic Arts EE. Subdivision, Plat or Condo (of permitted uses) FF. Tattoo Parlor EE. Theater FF. Uses similar to uses permitted by right, subject to Section 530 GG. Veterinary Clinic HH. Wind Energy Conversion System, Accessory, subject to Section 515.G [Annotation: Community Garden was added as a Permitted Use by Amendment Z11-06, effective 9/25/11] [Annotation: Wind Energy Conversion System, Accessory was added as a Permitted Use by Amendment Z11-08, effective 12/28/11] [Annotation: Mixed Use Development was changed from a Special use to a Permitted use by Amendment Z17-04, effective 6/16/17] [Annotation: Animal Grooming, Day Care Commercial, Day Care Group, Dwelling Accessory, Educational Facility, Tattoo Parlor and Veterinary Clinic were ADDED as a Permitted use by Amendment Z18-07, effective 08/31/18] [Annotation: Duplex, Laundry and Dry-Cleaning, Parking Facility, Public and Sports and Recreation Club (requires key street frontage) were changed from a Special use to a Permitted use by Amendment Z18-07, effective 08/31/18] [Annotation: Public was removed from parking facility by Amendment Z22-06, effective 01/13/23] City of Manistee Zoning Ordinance Page 4 Article Fifteen C-3 Central Business District  SECTION 1502 USES PERMITTED BY SPECIAL LAND USE PERMIT The following uses of buildings and land may be permitted within the C-3 District, as special land uses subject to the provisions of Article 18, special land use approval. A. Accessory buildings with floor area greater than the footprint of the principal structure, subject to Section 1804 B. Accessory uses related to special uses, subject to Section 1805 C. Adaptive Reuse, subject to Section 1807 D. Bed & Breakfast, subject to Section 1813 E. Contractor’s Facility, subject to Section 1820 F. Drive-through Establishment, subject to Section 1828 G. Dwelling, Multiple Unit, subject to Section 1832 H. Home Occupation, Major, subject to Section 1847 I. Marina, subject to Section 1852 J. Motel, subject to Section 1861 - Requires Key Street Frontage K. Place of Public Assembly, Large, subject to Section 1868 – Requires Key Street Frontage L. Planned Unit Development, subject to Section 1870 M. Uses similar to permitted special uses, subject to Section 1886 [Annotation: Mixed Use Development was changed from a Special use to a Permitted use by Amendment Z17-04, effective 6/16/17] [Annotation: Motel was added as a Special Use (requires key street segment by Amendment Z18-07, effective 08/31/18] [Annotation: Duplex, Laundry and Dry-Cleaning, Parking Facility, Public and Sports and Recreation Club (requires key street frontage) were changed from a Special use to a Permitted use by Amendment Z18-07, effective 08/31/18] SECTION 1503 DIMENSIONAL STANDARDS Within the C-3 District, the following dimensional standards shall apply: A. Parcel Area – No building or structure shall be established on any parcel less than two thousand, five hundred (2,500) square feet in area. B. Parcel Width – For all uses the minimum parcel width shall be twenty-five (25) feet. C. Yard and Setback Requirements - The following requirements shall apply to every parcel, building or structure. 1. Front Yard: The minimum setback shall be 0 feet. 2. Side Yards: Except as provided in subparagraph 5 below, the minimum width of either side yard shall 0 feet. Where a building is not proposed to be sited on the side lot line, a minimum yard of four (4) feet shall be provided. 3. Rear Yard: Except as provided in subparagraph 5 below, the minimum rear setback shall six (6) feet. 4. Waterfront yard: For properties abutting the Manistee River Channel, the minimum setback from the ordinary high watermark shall be twenty (20) feet; provided however, that such setback shall not apply to docks, boat launching ramps, and riverwalks. City of Manistee Zoning Ordinance Page 5 Article Fifteen C-3 Central Business District  5. When a proposed commercial use is contiguous to an parcel in the R-1, R-2 or R-3 districts, the Planning Commission may require and additional buffer consisting of a ten (10) foot side and/or rear setback, a four (4) foot high landscaped berm or solid fence up to six (6) feet in height, or any combination thereof. D. Building Height. Except as a part of a Planned Unit Development, no structure in the C-3 District shall exceed the lesser of four (4) stories or fifty (50) feet in height. E. Living Area: No dwelling unit shall be constructed in the C-3 District which has less than five hundred (500) square feet of living area. F. Lot Coverage: Up to 100% of the parcel area may be covered by buildings. SECTION 1504 UPPER STORY DWELLINGS A. Upper story dwellings are permitted in existing structures within the C-3 district. New structures proposing upper story dwellings shall be governed as a mixed use. B. Upper story dwellings shall be accessed by a secure entrance dedicated for the exclusive use of building residents and guests. C. No commercial or office use shall be located on the same floor as a residential use. D. No dwelling unit shall exceed a maximum of two (2) bedrooms. E. Each dwelling unit shall have a minimum floor area of five hundred (500) square feet. F. A basic site plan shall be required and reviewed by the Zoning Administrator per Section 2201, A. SECTION 1505 Street/ Ground Floor Accessory Dwelling Standards A. Street/Ground Floor Accessory Dwellings are permitted in existing structures within the C- 3 district. New structures proposing lower story dwellings shall be governed as a mixed use. B. Street/Ground Floor Accessory Dwellings shall be accessed by a secure and separate entrance dedicated for the exclusive use of building residents and guests. C. Street/Ground Floor Accessory Dwellings shall have a maximum of three (3) bedrooms. D. Street/Ground Floor Accessory Dwellings shall have a minimum floor area of five hundred (500) square feet. E. The core living area of a Street/Ground Floor Accessory Dwelling is defined as the common living area and kitchen and shall exclude all bathrooms, closets, porches, decks, and storage areas. F. The core living area of any Street/Ground Floor Accessory Dwelling shall be a minimum of three hundred (300) square feet. G. Bedrooms of Street/Ground Floor Accessory Dwellings shall have a minimum floor area of one hundred (100) square feet. City of Manistee Zoning Ordinance Page 6 Article Fifteen C-3 Central Business District H. Forty (40%) percent of the Street/Ground Floor Accessory Dwelling shall be reserved for commercial space. This reservation of commercial space shall front/align with the public road (not alley) and shall extend into the building for forty (40%) of the Street/Ground Floor area. I. All Street/Ground Floor Accessory Dwellings shall meet all applicable Local, State and Federal Building Codes. SECTION 1506 Lower Floor Accessory Dwelling Standards A. Lower Floor Accessory Dwellings are permitted in existing structures within the C-3 district. New structures proposing lower story dwellings shall be governed as a mixed use. B. Lower Floor Accessory Dwellings shall be accessed by a secure and separate entrance dedicated for the exclusive use of building residents and guests. C. Lower Floor Accessory Dwellings shall have a maximum of three (3) bedrooms. D. Lower Floor Accessory Dwellings shall have a minimum floor area of five hundred (500) square feet. E. The core living area of a Lower Floor Accessory Dwelling is defined as the common living area and kitchen and shall exclude all bathrooms, closets, porches, decks, and storage areas. F. The core living area of any Lower Floor Accessory Dwelling shall be a minimum of three hundred (300) square feet. G. Bedrooms of Lower Floor Accessory Dwellings shall have a minimum floor area of one hundred (100) square feet. H. All Lower Floor Accessory Dwellings shall meet all applicable Local, State and Federal Building Codes City of Manistee Zoning Ordinance Page 7 Article Fifteen C-3 Central Business District Planning Department Katie Mehl May 24, 2023 Manistee County Planner 395 3rd St. City of Manistee Planning Commission Members Manistee, MI 49660 70 Maple Street 231.398.3525 kmehl@manisteecountymi.gov Manistee, MI 49660 www.manisteemi.gov Dear Planning Commission Members, The owners of 533 First Street would like to do a preliminary review and presentation of their ideas for the proposed development of the property. There has been no official application received and no determination made by the Zoning Administrator. No action is requested with this agenda item, but the property owners are looking to canvass the Planning Commission and get a sense of the Commissions thoughts on their proposal. Following this memo are the following documents: Memo provided to property owners detailing Zoning Administrator’s interpretation of the use of the property Business Plan provided by property owner Mr. Grimm will be present at the June 1 Planning Commission meeting to present the proposal and answer any questions you may have. Please do not hesitate to contact me if you have any questions or concerns. Sincerely, Katie Mehl City of Manistee Zoning Administrator Manistee County Planner Planning Department Katie Mehl May 24, 2023 Manistee County Planner 395 3rd St. GRIMM KEEPERS LLC Manistee, MI 49660 817 DAVIS ST 231.398.3525 kmehl@manisteecountymi.gov MANISTEE, MI 49660 www.manisteemi.gov To Whom it May Concern, This letter is to serve as a breakdown of the interpretation of the City of Manistee Zoning Ordinance as it relates to the proposed development at 533 First Street, Manistee, MI 49660 for Pivot! Axe Throwing and Golf. This property is in the R-2 Medium Density Residential District and on a Key-Street Segment. Within this Zoning District, there is the allowable use of “Adaptive Reuse” as a special land use. Adaptive Reuse is defined as: ADAPTIVE REUSE: The development of a new use for a building originally designed for a special or specific purpose which has become obsolete. Adaptive Reuse is the redevelopment, including expansion, into uses which might not otherwise be permitted in a Zoning District. Such uses may include residential, retail, office, eating and drinking establishments and service uses. The revitalization of the current building on the property to utilize it as a Mixed-Use Development for axe throwing, golf simulators and a food truck appear to be a great fit for Adaptive Reuse for a property that has become obsolete for its original purpose. Although Adaptive Reuse allows for uses that might not otherwise be permitted, the use of an Eating and Drinking Establishment and Mixed-Use Development are allowable uses within the R-2 District. The development would still need to meet all requirements of the Zoning Ordinance such as parking, lighting, setbacks, and lot coverage. It is understood that parking is going to be limited on the development, but the Zoning Ordinance does provide for the Planning Commission to establish adequate parking under the first paragraph of Section 514 Parking, Bike Parking and Sidewalks with the following statement: “Where more than one use exists or is proposed on a parcel, the minimum shall be the sum of the required parking for each use, except where it is demonstrated to the Commission that such provisions would be excessive, in which case shared parking may be permitted.”  The Special Land Use Standards for Adaptive Reuse also provide for the following: “c. Parking shall comply with the requirements of Section 514. Parking shall be located within two hundred (200) feet of the building. “ The parking lot adjacent to the Youth Armory is approximately 400 feet from your property, so that would not be an option under the current regulation but there may be other options within 200 feet that would alleviate the required parking minimums as determined by the Planning Commission. Overall, I feel that the business plan for this property is an appropriate fit for Adaptive Reuse and would be a great addition to the City of Manistee. Please do not hesitate to contact me if you have any questions or concerns. Sincerely, Katie Mehl City of Manistee Zoning Administrator Manistee County Planner Planning Commission Katie Mehl May 24, 2023 Manistee County Planner Tracy Davis, Housing Coordinator 395 3rd St. 70 Maple Street Manistee, MI 49660 Manistee, MI 49660 231.723.6041 planning@manisteecountymi.gov www.manisteemi.gov Dear Mrs. Davis, The City of Manistee Planning Commission has reviewed the 2016 City of Manistee Master Plan as it relates to the incorporation of a Neighborhood Enterprise Zone (NEZ) within the community, specifically the north-east portion of the city that many refer to as “Maxwell Town”. The initial proposed zone would also include the surrounding area of Maxwell Town. This is an area of the city where the housing stock needs revitalization, and incorporating a NEZ could provide for the incentive and opportunity for property owners to invest back into their property and in turn their community, by eliminating blight and providing for safe and attractive housing for current and future residents. As quoted from the Master Plan “The revitalization of existing neighborhoods, maintenance of older housing stock and development of new neighborhoods…will continue to provide a high quality and aesthetic form of residential options that create attractive living opportunities for residents.” The City of Manistee Master Plan supports the creation of a NEZ, specifically through sections 2.2.4 Housing Trends and 2.5.1 2.5.1 Residential Land Use and Rental Housing. Section 2.2.4 speaks on the ratio of renter vs. owner occupied housing from the 2010 Census and indicates “The City’s vacancy rate is 22% which exceeds the 10% concern for neighborhoods to possibly experience blight, similar to neighboring Townships & the County as a whole.” Incorporating a NEZ can help alleviate the blight issues that we see throughout the community. Section 2.5.1. highlights a “Framework for Our Future” study conducted by Networks Northwest, which included a housing analysis at the individual County level in the “Manistee County Housing Inventory, 2014”. Some of the highlights from this study include the following: Housing affordability impacts home occupation for low-income households. Manistee County has a shortage of 300 owner-occupied homes for households earning less than $50,000 per year. Rentals in Manistee County are unaffordable for an average renter and extremely low-income households (those earning $20,000 or less per year) While about 860 Manistee County rental households are single-person households, only about 500 rental units are 1-bedroom units or smaller. There is a high demand for these units and many households are unable to access them. This pushes individuals into rental units which are larger and more expensive.  In conclusion to these findings, the plan indicates: “The data, although provided at the County level provides insight into housing in the City of Manistee. There is a necessity for single unit rentals as well as an increasing need for housing for the aging population in the City and County. There is also a need for options for smaller single-family homes than what is typically available on the market in our area.” Given the information provided in the 2016 City of Manistee Master Plan and the statements from the plan quoted throughout this memo, the City of Manistee Planning Commission supports and recommends the creation of a NEZ and finds that the current Master Plan supports this recommendation. Sincerely, Mark Wittlieff, Chair Planning Commission Katie Mehl April 27, 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 May Planning Commission meeting, I had indicated that a recent discussion with the City Attorney regarding the reference of residential use condominiums under subsection H. indicated above, has revealed this portion of the language needs amendment. The City Attorney has advised that parking should either be required for all residential units in the C-3 District or exempt for all residential units, regardless of being a condo. During discussion, the Planning Commission requested that I follow back with the City Attorney and request that he provide further explanation for why this amendment is warranted. Please see below for the email response providing this explanation: “I’m following-up on our meeting yesterday. We discussed a proposed zoning ordinance change to address parking requirements that are imposed upon residential use condominiums. Article 5, Section 514 H. of the Zoning Ordinance exempts the parking requirements of Section 514 from permitted and special uses in the C-3 District, except hotels, motels and residential use condominiums. By imposing parking requirements on residential use condominiums in C-3 that we do not also apply to residential apartments we are running afoul of the Michigan Condominium Act. Section 141 of the Michigan Condominium Act provides, in part: (1) A condominium project shall comply with applicable local law, ordinances, and regulations. Except as provided in subsection (2), a proposed or existing condominium project shall not be prohibited nor treated differently by any law, regulation, or ordinance of any local unit of government, which would apply to that project or development under a different form of ownership. By imposing conditions on a residential condominium that would not be imposed upon the same property if it were an apartment, we are enacting legislation that treats differently the same property based upon the type of ownership. This is what the Michigan Condominium Act prohibits. Amending the ordinance merely conforms the ordinance to the law and removes a provision that was unenforceable.” Staff is requesting the Planning Commission takes action to hold a public hearing at the July meeting to facilitate this recommended amendment. 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  Katie Mehl Planning/Zoning Administrator 395 Third St. Manistee, MI 49660 231.398.3525 kmehl@manisteecountymi.gov www.manisteemi.gov Historic District Commission Permits as of 5/25/2023 Date Approved Permit # Date Expires Address Name Details Status 5/10/2022 PHDC22-006 5/10/2023 369 River St Brandon Ball Painting Building In Progress 5/12/2022 PHDC22-007 5/12/2023 95 Maple St Library Maintenance & Repair In Progress 7/08/2022 PHD22-010 7/08/2023 321 River St Paulette Junker Doors/Windows Front & Rear In Progress 7/12/2022 PHDC22-011 7/12/2023 432 River St BPO Elks No 250 Digital Sign In Progress 10/20/2022 PHDC22-013 10/21/2023 345 River St Manistee Inn & Marina Painting Building Complete 8/03/2022 PHDC22-014 4/03/2024 100 Washington St CDI Construction Design Façade In Progress 1/05/2022 PHDC22-015 1/05/2024 141 Washington St 141 Washington LLC Façade In Progress 1/31/2023 PHDC23-002 1/31/2024 312 River St Bluefish Kitchen Dumpster Enclosure In Progress 2/02/2023 PHDC23-003 2/02/2024 339 River St Up North Collectors Projecting Sign In Progress 2/14/2023 PHDC23-004 2/14/2024 369 River St Brandon Ball Window Installation In Progress 2/15/2023 PHDC23-005 2/15/2024 431 River St Brandon Devine Outdoor Seating Withdrawn 3/09/2023 PHDC23-006 3/09/2024 435 River St Joseph Mathewson Windows, Sign & Façade In Progress 3/09/2032 PHDC23-007 3/09/2024 325 River St Manistee Proud Tree Lights In Progress 3/09/2023 PHDC23-008 3/09/2024 457 River St The Outsider Façade, Signs & Garage Door In Progress 3/09/2023 PHDC23-009 3/09/2024 397 River St Snyder’s Shoes Façade In Progress Manistee Home Décor & 3/13/2023 PHDC23-010 3/13/2024 390 River St Vinyl Window Sign Complete Antiques 3/15/2023 PHDC23-011 3/15/2024 308 River St KSE Ventures LLC Catwalk In Progress 4/13/2023 PHDC23-012 4/13/2024 95 Maple St Library Windows In Progress 4/13/2023 PHDC23-013 4/13/2024 397 River St Snyder’s Shoes Sign In Progress 4/26/2023 PHDC23-014 4/14/2023 318 River St Golden Stag Sign In Progress 5/18/2023 PHDC23-015 5/18/2024 353 River St Nu 2 U Painting Building In Progress