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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
October 12, 2006
Hearing; Case 2006-45: Request for a Special Land Use Permit, per Section 2001
(#10) of Article XX of the Zoning Ordinance, to allow multi family residential uses in an
H, Heritage District, at 552 W. Clay Avenue, by Karl Chew, Brookstone Capital, LLC
Applicant: Karl Chew, Brookstone Capital, LLC
Property Address/Location: 552 W. Clay Avenue
Request: Request for a Special Land Use Permit to allow
multi-family residential in an H, Heritage District
Present Land Use: Vacant land, and warehouse building
Zoning: H, Heritage Distsrict
STAFF OBSERVATIONS
1. The applicant has turned into a site plan that includes two parcels, those being 552
and 570 W. Clay Avenue. The building at the corner of 7th Street and Clay
Avenue is not a part of this request.
2. Multiple family residential uses are allowed with a special use permit according to
Section 2001, #10: “Any new multiple family construction shall be compatible
and/or complementary to the character of the surrounding area as determined by
the Historic District Commission (HDC) and the Planning Commission”.
3. HDC approved the request to demolish the warehouse building, and to allow
multi-family structure to be built in a historic district at their October 3rd meeting.
They did not approve the proposed design, but instead offered suggestions to the
developer, who was willing to amend his plans. HDC will address the
compatibility of the buildings when the final plans are submitted to them.
4. The proposed request would consist of 12 residential town homes, and 11
additional apartment units on the third floor. The entire development would be an
age-restricted senior complex for those persons 55 years old and older.
5. The site plan presented with this application is preliminary, and would need to
undergo final site plan approval before the Planning Commission, because the
development contains a building with over 10,000 square feet of space.
6. Staff has included plans and renderings with this packet, but the developer may be
submitting revisions at the meeting.
7. It appears that there will be additional parking spaces needed, as 2 spaces for each
residential unit are required by the zoning ordinance. Presently there are 38
spaces proposed. Perhaps additional property can be purchased or a shared
parking agreement can be obtained to accommodate the required 46 spaces.
8. The Downtown/Lakeshore Redevelopment Plan states: “Senior housing, both
market rate and non-market rate, should be incorporated into other sites in the
Service Center area and elsewhere.”
9. Staff has received no comments on this request.
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ORDINANCE EXCERPTS
SECTION 2001: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted
under the purview of Section 2332 after review and approval of the use (and a site plan, if
required) by the Planning Commission, after review of the Historic District Commission,
and after Public Hearing, subject to the applicable conditions and any other reasonable
conditions imposed by the Planning Commission:
1. Retail business or service establishments as Principal Uses Permitted in the B-1
District, subject to the regulations of this District.
2. Restaurants, lounges and clubs, except drive-in restaurants.
3. Craft shops.
4. Offices and clinics of physicians, dentists, architects, engineers, attorneys,
accountants, and similar professions.
5. Outdoor displays.
6. Hotels and motels.
7. Private clubs, lodge halls, social, and similar organizations, including assembly or
rental halls. [amended 3/06]
8. Indoor Theaters [amended 3/06]
a. Parking must be either on site or with an irrevocable shared parking
agreement.
9. Antique Shops. [amended 3/06]
10. Multiple family residential uses of various types and densities provided, however,
that any existing structure originally constructed for one or two family use shall
not be further divided into additional dwelling units unless it can be demonstrated
to the satisfaction of the Historic District Commission and the Planning
Commission that the essential form and integrity of the structure and its site and
surroundings can be maintained. Any new multiple family construction shall be
compatible and/or complementary to the character of the surrounding area as
determined by the Historic District Commission and the Planning Commission.
Multiple family uses as described under this subsection may be allowed as part of
a building containing other allowable Principal or Special Uses in this district.
[amended 8/97]
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11. Accessory buildings and accessory uses customarily incidental to the above
Special Land Uses Permitted.
12. Uses similar to the above Special Land Uses Permitted.
RECOMMENDATION
Staff recommends approval of the request with certain conditions listed below.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the amendment to the Special Land Use Permit, per section 2001 (#10) of
Article XX of the Zoning Ordinance, to allow multi family uses in an H, Heritage zoning
district at 552 W. Clay Avenue, by Karl Chew, Brookstone Capital, LLC, be
(approved/denied/tabled, based on compliance/lack of compliance with the City’s Master
Land Use Plan and conditions set forth in Section 2332 of the City of Muskegon Zoning
Ordinance (based on the following conditions—only if approved):
1. The applicant shall submit the final site plan to the Planning Commission for review.
2. HDC give its final approval to the building design.
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3. The owner/applicant shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit.
4. The amended Special Land Use Permit document shall be recorded with the register
of deeds prior to occupying the building.
5. The special land use permit shall become null and void within one year of the public
hearing if the use has not been established or there is a violation of conditions 1-4.
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Hearing; Case 2006-46: Request to vacate the alley in Block 12 of the Continental
Addition bounded by E. Keating Avenue, Brunswick Street, E. Holbrook Avenue, and
Huizenga Street, by Tri-State Aluminum.
BACKGROUND
The alley splits the two parcels that are owned by Tri-State Aluminum. Conducting
business would be much easier for the applicant, if this alley was vacated. No homes
bordering the alley need access from it for either a garage or driveway. They all have
access off either Brunswick or Huizenga. The alley appears to be used very little, if at
all, on the residential end.
The Fire Department and DPW has no issues with this vacation. The Engineering
Department had no comments regarding this request.
Staff has received no comments regarding this request.
Alley looking north from E. Keating Ave. Alley looking south from E. Holbrook.
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RECOMMENDATION
Staff recommends approval of the request, subject to the conditions offered below.
DELIBERATION
I move that the vacation of the alley located in Block 12 of the Continental Addition,
bounded by E. Keating Avenue, Brunswick Street, E. Holbrook Avenue, and Huizenga
Street, be recommended to the City Commission for (approval/denial), based on
(compliance/lack of compliance), with the City’s 1997 Master Land Use Plan, with the
following conditions:
1. All utility easements will be retained.
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Hearing; Case 2006-47: Staff initiated request to amend the Section 2405 (Petitions,
Fees, paragraph #2) of Article XXIV, Administration and Enforcement, to meet the
requirements of the Michigan Zoning Enabling Act, Act 110 of 2006 regarding Planning
Commission public notice mailings.
BACKGROUND
Earlier this year the Michigan Zoning Enabling Act of 2006 was passed. In order to
bring our zoning ordinance into compliance with this Act, some amendments must be
made. This case, and the two that follow, are a result of this Act. Other changes will be
coming forward at future meetings.
This particular amendment requires notifications of requests to be send to residents as
well as owners of property within 300 feet of the subject property in question. Although
our present ordinance only requires a 200 foot notice area, zoning staff has been notifying
all those properties within 300 feet for several years. This is just a correction of our
ordinance language to bring the zoning ordinance into compliance with the Act.
NEW LANGUAGE
Deletions are crossed out and additions are in bold.
The Planning Commission shall hold a public hearing after notice, published in a
newspaper of general circulation, and by mail or personal service to all owners and
residents of property within two three hundred (200) (300) feet of the property. Such
notice shall be served as required fifteen (15) days prior to the hearing.
DELIBERATION
I move that the amendment to Section 2405, paragraph #2, of Article XXIV,
(Administration and Enforcement), of the City of Muskegon Zoning Ordinance, be
recommended to the City Commission for (approval/denial).
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Hearing; Case 2006-48: Staff initiated request to amend Section 2503 (Appeals,
Applications, Filing Procedure and Fees, paragraph #1) of Article XXV (Zoning Board of
Appeals) to meet the requirements of the Michigan Zoning Enabling Act, Act 110 of
2006 regarding “aggrieved parties” language.
BACKGROUND
Once again, this is a amendment to our zoning ordinance so it meets the requirements of
the new Michigan Zoning Enabling Act of 2006. It was reworded somewhat so the
sentence makes sense. We must clarify the language to address “aggrieved parties”
rather than “affected” parties.
NEW LANGUAGE
Deletions are crossed out and additions are in bold.
An application or appeal to the ZBA in cases in which it has original jurisdiction under
the provisions of this ordinance or state law, may be taken by any aggrieved parties,
including, property owner or tenant, or by a governmental office, department, board or
bureau affected. Such application or appeal shall be filed with the Zoning Administrator,
who shall transmit the same, together with all the plans, specifications and other papers
pertaining to the application, to the ZBA.
DELIBERATION
I move that the amendment to Section 2503, paragraph #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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Hearing; Case 2006-49: 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
As with the prior two cases, this amendment is necessary due to the change in the
Michigan Zoning Enabling Act of 2006. The Act now requires that all Zoning Board of
Appeals cases be notified in the same manner as Planning Commission case. That means
we must now not only mail notifications to all residents and property owners within 300
feet of the subject property, but also shall “publish notice of the request in a newspaper of
general circulation in the local unit of government”. All notices must be served at least
15 days prior to the day of the hearing. The old requirement was 10 days, but the zoning
staff has been using the 15 day standard for several years.
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 ten
(10) 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 2006-37: Request for Site Plan Review for a new naval museum building
(Silversides) at 3800 Bluff and 1260 Browne Streets, by Hughes Builders.
BACKGROUND
Applicant: Hughes Builders, Inc.
Property Address/Location: 3800 Bluff and 1260 Brown Streets
Request: Site Plan Review for New Museum Building
Present Land Use: Museum
Zoning: OSC, Open Space Recreation
STAFF OBSERVATIONS
1. The property is currently the site of the USS Silversides and associated museum.
The buildings currently on the site are temporary in nature, and never meant to be
permanent.
2. The zoning was changed in 2005 to OSR, Open Space Recreation, which allows
for museums with a special use permit. A special use permit for the museum was
also approved at that time.
3. The Museum has applied for a variance to the front set-back. The zoning
ordinance requires 75 feet from the high water mark. The variance request was
for 30 feet, however ZBA turned down that request. A new request for a 43 ft.
setback from the high water mark was submitted to ZBA and was approved on
October 10th.
4. The number of parking spaces meets the requirements of the parking ordinance.
The minimum parking required is 35, the maximum is 46, and there are 44 spaces
provided.
5. The following items need to be addressed on the site plan for final approval:
a. The proper addresses for the properties need to be added to the site plan.
b. Soil erosion and sedimentation control measures need to be shown.
c. Include arrows showing site circulation in the parking area.
d. The dumpster must be located at least 6 feet from the building and the
type of screening to be used needs to be shown on the site plan.
e. A 10-foot wide dedicated pedestrian walkway shall be established
between the front of the building and the channel wall.
f. The landscaping plan needs revisions to include the following:
i) Descriptions for each plant type used.
ii) The site needs 16 canopy trees, and none are provided.
iii) The site needs an additional 23 under story or canopy trees.
iv) The site needs an additional 17 shrubs.
v) Two more canopy trees are required for the parking lot bump outs.
vi) Since the site abuts residential areas on two sides, screening needs
to be provided. Since there will be a hill on the east side, screening
isn’t logical. However, the southerly boundary toward Fulton
Avenue needs to be screened. Please show on the site plan.
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vii) Rolled curbing or curb stops must be provided for the parking
spaces abutting green areas.
viii) Fire Department key box is required on the building.
viv) Crash protection required for utility (gas meter).
The following issues should also be conditions of the approval:
6. The Fire Department has the following conditions:
a. The buildings Fire Department connections for fire suppression shall be
accessible to the Fire Department on the building front or street side.
b. A post indicating valve shall be installed for the suppression system.
c. Key box shall be installed on building.
7. The DPW has the following conditions:
a. Contact Kelly DeFrench regarding relocating water meter from pit to a
location inside the building.
8. The Engineering has the following condition:
a. A soil erosion permit from Muskegon County is required.
9. The Planning Department has the following conditions:
a. No temporary structures may be erected on the site.
b. No outdoor storage is allowed.
c. A sign permit is needed for any type of signage on the site.
10. Staff has received no comments on the site plan.
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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.
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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 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,
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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 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 museum
building at 3800 Bluff and 1260 Browne Streets, subject to the conditions listed below.
DETERMINATION
The following motions are offered for consideration:
I move that the site plan for a new museum building, located at 3800 Bluff and 1260
Browne Streets for Hughes Builders, be (approved/denied/tabled), based on the following
findings and conditions (if approved):
1. All requirements addressed in item #5 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 items #6-9 of the staff report are met.
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