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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, January 11, 2007
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Approval of minutes of the meeting of December 14, 2006.
III. PUBLIC HEARINGS
A. Hearing; Case 2007-01: Staff initiated request to amend Section 2504
(Hearings Notices, and Adjournments, #1) of Article XXV (Zoning Board of
Appeals) to meet the requirements of the Michigan Zoning Enabling Act, Act 110
of 2006, regarding Zoning Board of Appeals newspaper public notice.
IV. NEW BUSINESS
A. Case 2007-02: Request for Site Plan Review for a new medical building to
house Muskegon Surgery Center, Mercy Rehabilitation & Orthopedic Associates
of Muskegon at 1400 Mercy Drive, by Evert Timothy Vande Zande, the
Architectural Group, Inc.
V. OTHER
VI. 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 attend the meeting, upon twenty-four hour
notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services
should contact the City of Muskegon by writing or calling the following:
Linda S. Potter, Acting City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
January 11, 2007
Hearing; Case 2007-01: Staff initiated request to amend Section 2504 (Hearings Notices, and
Adjournments, #1) of Article XXV (Zoning Board of Appeals) to meet the requirements of the
Michigan Zoning Enabling Act, Act 110 of 2006, regarding Zoning Board of Appeals newspaper
public notice.
BACKGROUND
When this same section came to Planning Commission for amendment in October 2006, staff
overlooked some language that should have been deleted. All notices must be served at least 15
days prior to the day of the hearing. The old requirement was 10 days (excluding Saturdays,
Sundays, and holidays). The new Zoning Enabling Act clarified this time frame by just requiring
a simple 15 days notice requirement. That means we may delete the language referring to those
additional days.
NEW LANGUAGE
Deletions are crossed out and additions are in bold.
1. When an application or appeal has been filed in proper form and with the required date,
the Zoning Administrator shall immediately place said application or appeal upon the
calendar for hearing and cause notices, stating the time, place, and purposes of the
hearing being served. Such notices shall be published in a newspaper of general
circulation and served personally or by mail at least fifteen (15) days (excluding
Saturdays, Sundays, and holidays) prior to the day of such hearing, upon the applicant or
appellant, the Building Inspector, the owners of property and the occupants of single and
two-family dwellings within three hundred (300) feet of the property in question. If the
tenant's name is not known, the notice may be addressed to the occupant.
Any party may appear at such hearings in person or be represented by agents, attorneys,
or both.
DELIBERATION
I move that the amendment to Section 2504, #1, of Article XXV, (Zoning Board of Appeals), of
the City of Muskegon Zoning Ordinance, be recommended to the City Commission for
(approval/denial).
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Case 2007-02: Request for Site Plan Review for a new medical building to house Muskegon
Surgery Center, Mercy Rehabilitation & Orthopedic Associates of Muskegon at 1400 Mercy
Drive, by Evert Timothy Vande Zande, the Architectural Group, Inc.
Applicant: Evert Timothy Vande Zande, the Architectural Group, Inc.
Property Address/Location: 1400 Mercy Drive
Request: Site Plan Review
Present Land Use: Hospital parking lot
Zoning: MC, Medical Care District
STAFF OBSERVATIONS
1. The property is currently being purchased from Mercy Hospital by Mercy SC Holdings,
LLC/Orthopedic Associates of Muskegon.
2. The property is currently used as an employee parking lot for Mercy Hospital.
3. A new employee parking lot was recently constructed across Mercy Drive from this
property and will be used as the new employee parking lot for Mercy.
4. The zoning for the property is MC, Medical Care, and is considered part of the Mercy
Hospital campus at this time. All surrounding properties are zoned MC, as well.
5. Construction plans include a 72,000 sq. ft. building with two levels. The main floor will
consist of 29,522 sq. ft., and will house Orthopedic Associates of Muskegon and an
ambulatory surgical center. The lower level will contain 42,478 sq. ft. and will house
Mercy Rehabilitation, as well as a future tenant.
6. The site plan and landscaping plans are quite complete with only a few issues that need to
be addressed and details added to the site plan:
a. Label the location of snow storage areas or indicate if snow will be removed from
the site.
b. Pole height for lighting in the parking lot needs to be added.
c. Indicated the height of the dumpster screening.
d. Indicate location of fire lanes and fire lock box.
e. Indicate the zoning of abutting properties.
f. No proposed signs are shown on the plan. Sign permits need to be obtained from
the Inspections Department before any signs are installed.
7. Parking appears to be adequate for the proposed uses in the building. There are 227
spaces required, 288 spaces are provided, and that number is still within the maximum
(295 spaces) allowed by the Zoning Ordinance.
8. The landscaping plan meets the standards of the Zoning Ordinance.
9. The Department of Public Works has approved the site plan.
10. The Engineering Department had no comments regarding the site plan.
11. The Fire Department has the following conditions:
a. Fire Department connection location and placement shall be approved by the
Muskegon Fire Department fire prevention bureau.
b. Fire lanes shall be established and maintained at all times. Fire lane signage shall
be posted on premises.
c. Fire Department key box shall be installed as required by local fire code.
12. Staff has received no comments regarding this request.
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Standards for Site Plan approval: Prior to approving a site plan, the City shall require
that the following standards be satisfied:
a. Schedule of Regulations: The site plan shall comply with the requirements for height, lot
size, yard space, density and all other requirements as set forth in the district regulations.
b. Other codes and standards: To the extent necessarily shown in the site plan, it shall
comply with other applicable City codes and standards.
c. Compatibility with surrounding land use and development: All elements shall be located,
designed and organized in relation to topography, the size and configuration of the parcel,
the character of adjoining property and the type and size of the buildings. The site shall
be developed so as not to impede the normal and orderly development or improvements
of surrounding property for uses permitted in this Zoning Ordinance.
d. Preservation of natural features: The landscape shall be preserved in its natural state,
insofar as practical, by removing only those areas of vegetation or making those
alterations to the topography which are reasonably necessary to develop the site.
e. Landscaping: Landscape buffers and greenbelts shall be provided and designed in
accordance with the provisions of this Ordinance. Fences, walks, barriers and
landscaping shall be used, as appropriate, for the protection and enhancement of the
property and for the privacy of occupants and neighbors.
f. Stormwater management: Drainage design shall recognize existing natural drainage
patterns. Stormwater removal shall not adversely affect neighboring properties or the
public storm drainage system. Provisions shall be made to accommodate stormwater on-
site, using sound engineering practices.
g. Soil erosion control: Appropriate measures shall be taken to ensure compliance with
state and local soil and sedimentation control regulations.
h. Wetlands Protection: The natural retention or storage capacity of any wetland, water
body, or water course will not be substantially reduced or altered in a way which could
increase flooding or water pollution at the site or other locations.
i. Emergency Access: All site improvements and structures shall be arranged so as to
permit necessary emergency vehicle access and to comply with the locally adopted fire
code.
j. Public streets and private roads: All uses must have access to a public street or a private
road. All streets and curb cuts shall be developed in accordance with City specifications,
the Michigan Department of Transportation, and/or private road regulations of the City,
whichever applies.
k. Access Management: Streets and drives on a site shall be of a width appropriate to the
traffic volume they will carry and shall have adequate paved areas for vehicles. Traffic
mitigation techniques such as on-site parallel access lanes, rear access lanes, deceleration
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lanes and traffic calming measures may be required. Shared curb cuts and access ways
may also be required.
l. Site Circulation and Parking: Parking areas shall meet the requirements of this
ordinance. All parking spaces and circulation patterns shall be marked. Curb stops or
curbing may be required to prevent encroachment on required setbacks and screening.
Provisions for on-site maneuvering of vehicles shall be made so as to discourage backing
and movements of trucks on abutting public streets. On site traffic control signs shall be
visible and understandable.
m. Pedestrian safety: The on-site pedestrian circulation system shall be separated as
completely and reasonably as possible from the vehicular circulation system. In order to
ensure public safety, special pedestrian measures such as sidewalks, crosswalks, and
other such facilities may be required for the development. The site circulation shall be
connected to existing or planned streets and pedestrian or bicycle pathways in the area as
appropriate.
n. Site amenities: The site plan shall provide outdoor common areas and associated
amenities for employees, customers and/or residents which may include public trash
receptacles, bike racks, seating areas, recreation areas, shade trees, bus stop turn-outs, and
similar facilities where appropriate.
o. Utility Service: The development must be adequately served by necessary public
services and shall not impose an undue burden on public services and infrastructure. All
utilities for new construction shall be placed underground. Any installations which must
remain above ground shall be compatible with those on adjacent properties.
p. Lighting: Exterior lighting shall be arranged so it is deflected away from adjacent
properties and so it does not impede the vision of traffic along adjacent streets. Flashing
or intermittent lights shall not be permitted. Design of lighting fixtures shall be
compatible with those on adjacent properties. Light poles and fixtures shall be no higher
than twenty-five (25) feet.
q. Signs: The size, location, and lighting of all permanent signs shall be consistent with the
requirements of this Ordinance.
r. Accessibility: All sites shall be designed to comply with barrier-free requirements.
s. State and Federal Mandates: The site plan shall demonstrate compliance with any state
or federal statute, regulation or ruling, whether general or site specific, which is
applicable to the property. This shall include without limitation any legally enforceable
restrictions on development or improvements which have been communicated or required
by a state or federal agency. It shall include, without limitation, requirements of laws,
regulations, rulings or agency requirements concerning environmental protection, waste
management, floodplains, soil and sedimentation, protection of ground or surface water
resources, soil conditions, and the presence of hazardous materials in or contamination of
soils, air and water pollution matters and provisions which are designed for or reasonably
related to the protection of the public health, safety or welfare. The applicant shall
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demonstrate that all said statutes, regulations, rulings, or requirements have been satisfied
by its site plan and that there are no state or federal agencies which have required, or are
in the process of requiring, any additional action, restriction or compliance. In the event
a property is the subject of any governmental regulatory action or requirement, or without
limitation, the property is located in the "facility" as defined by state or federal law, the
state or federal agency responsible for the applicable regulation shall be notified in
writing of the filing of the site plan and any hearing regarding the application for
approval.
RECOMMENDATION
Staff recommends approval of the request for site plan approval for a new medical building at
1400 Mercy Drive, subject to the conditions listed below.
DETERMINATION
The following motions are offered for consideration:
I move that the site plan for a new medical building, located at 1400 Mercy Drive for Evert
Timothy Vande Zande, the Architectural Group, Inc., be (approved/denied/tabled), based on the
following findings and conditions (if approved):
1. All requirements addressed in item #6 of the staff report shall be provided as needed on a
revised site plan prior to issuance of a building permit.
2. All conditions of the Fire Department listed in item #11 of the staff report are met.
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