Planning Commission Packet 05-04-2020

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                                              CITY OF MUSKEGON
                                            PLANNING COMMISSION
                                              REGULAR MEETING

DATE OF MEETING:                       Monday, May 4, 2020
TIME OF MEETING:                       4:00 p.m.
PLACE OF MEETING:                      ZOOM (Planning Commissioners and presenters) & Facebook
                                       Live/Phone Number (public) – Facebook page is “City of Muskegon
                                       Government.” Call-In phone number for public is (231) 286-7650



                                                           AGENDA


   I. Roll Call

  II. Approval of Minutes from the regular meetings of January 16 and March 12, 2020.

 III. Public Hearings

  A. Hearing, Case 2020-09: Request to amend the Planned Unit Development at 1875
     Waterworks Rd; 1490 Edgewater St; and 3400, 3460, 3474 Wilcox Ave, by Damfino
     Development, LLC.
  B. Hearing, Case 2020-10: Request for a special use permit for a Wireless Communication
     Service Facility at 1900 Beach St, by the City of Muskegon.

 IV. New Business

  V. Old Business

 VI. Other

 VII. Adjourn

                            AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
                             CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES

          The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing
      impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to
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                       aids or services should contact the City of Muskegon by writing or calling the following:
                                                        Ann Meisch, City Clerk
                                                           933 Terrace Street
                                             STAFF REPORT
                                                May 4, 2020


Hearing, Case 2020-09: Request to amend the Planned Unit Development at 1875 Waterworks Rd; 1490
Edgewater St; and 3400, 3460, 3474 Wilcox Ave, by Damfino Development, LLC.


SUMMARY
   1. The Docks PUD was approved by the City Commission on June 25, 2019.
   2. In connection with the PUD, the City Commission approved an amendment to the Edgewater Plat,
      vacating Manhattan Ave and a portion of the existing cul-de-sac. This plat amendment has been
      challenged by private citizens and the deliberation could delay the plan indefinitely. Also, the
      reversal of the plat amendment would make the project unfeasible, since the Edgewater right-of-way
      would remain in place where multiple homes and the boat basing channel were planned. This
      amended plan does not rely on the success of the plat amendment.
   3. The major changes in this proposed plan are the relocation of the boat basin, the addition of six
      additional housing units and an additional street connection to Edgewater St via Manhattan Ave.
   4. The underlying zoning of the property is R-1, Single-Family Low Density Residential. If the land
      were to be developed without a boat basing, about 270 units could be placed on the property while
      still meeting the R-1 zoning density requirements. The amended plan does not change the density
      significantly, proposing a total of 245 units (previously approved for 239 units). However, the
      relocation of the boat basing results in less density on the north and west side of the marina basin and
      more density in the northeast section of the development. This shift in density requires another
      access point to the development according to the following sections of the International Building
      Code:

          •   D107.1 One- or two-family dwelling residential developments. Developments of one- or two-
              family dwellings where the number of dwelling units exceeds 30 shall be provided with two
              separate and approved fire apparatus access roads.

          •   D107.2 Remoteness. Where two fire apparatus access roads are required, they shall be placed
              a distance apart equal to not less than one-half of the length of the maximum overall diagonal
              dimension of the property or area to be served, measured in a straight line between accesses.

      Per the Fire Marshall, “This is where the requirement for 2 separate, distal fire apparatus access roads
      comes from. The concerns with counting the connection to Harbour Town Circle are the number of
      residential units on the east side of the boat basin as well as the idea of having it be a gated,
      emergency access only connection. Not only would the gate cause delay in response times, but the
      connection would need to be maintained; plowed in the winter and cleared of growth in the summer.”




                                                     1
STAFF RECOMMENDATION

Staff recommends approval of the amended PUD amendment. The plan does not significantly alter the scope
of the project, provides better access points to the development and does not rely on the vacation of
Edgewater St (north of the cul-de-sac).


DELIBERATION

Motion for consideration:

I move that the proposed Planned Unit Development amendment by Damfino Development, LLC be
recommended to the City Commission for (approval/denial).




                                                  2
Hearing, Case 2020-10: Request for a special use permit for a Wireless Communication Service Facility at
1900 Beach St, by the City of Muskegon.

SUMMARY
   1. Please see Section 2321 (Wireless Communication Service Facilities) of the zoning ordinance
      (enclosed). The section was amended on April 29, 2019 to include approved locations at the Water
      Filtration Plant and Marsh Field.
   2. The project was approved for a height variance at the March 9, 2020 Zoning Board of Appeals
      meeting. Please see the enclosed minutes from that meeting. The variance allows an additional 100
      feet in height, up to 300 feet tall.
   3. Please see the enclosed plans for the proposed WCSF. The plans propose a 300 foot tall lattice tower.
      The current lattice tower on site would be removed and the new tower would go in its place.
   4. City equipment needs to be around 220 feet high to communicate with City Hall. The additional
      height will be for four vertical slots of 20 foot each for wireless carriers.
   5. Notices were sent to properties within 300 feet of the water filtration plant parcels. Please see the
      enclosed comments from the public.
   6. Although the ordinance does not require a setback of 300 feet, some commenters have noted a 300
      foot requirement in other ordinances. It should be noted that no property line is within 300 feet of the
      proposed WCSF.



                                 300 foot radius around proposed WCSF




                                                      3
STAFF RECOMMENDATION

Staff recommends approval of the proposed WCSF as proposed.

DELIBERATION

Motion for consideration:

I move that the request for the Wireless Communication Service Facility at 1900 Beach be
(approved/denied).




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