Planning Commission Packet 02-14-2008

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                                               CITY OF MUSKEGON
                                             PLANNING COMMISSION
                                               REGULAR MEETING

DATE OF MEETING:                        Thursday, February 14, 2008
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 regular meeting of January 10, 2008 and special meeting of
       January 22, 2008.

III.   ELECTION OF OFFICERS

IV.    PUBLIC HEARINGS

       A.         Hearing; Case 2008-04: Request to amend the Final PUD for 100 Muskegon
                  Mall for the properties located at 280 & 284 W. Clay Avenue and 801 Terrace
                  Street, to allow for an educational culinary institute, by David Mayville, Bosma
                  Architects, 557 W. Western Avenue, and Baker College.

V.     OLD BUSINESS

       A.         Hearing; Case 2008-02: Request for a Special Land Use Permit, per section
                  1901 (#6) of Article XIX of the Zoning Ordinance to allow for a museum ship at
                  the Mart Dock, 560 Mart Street, by Raymond J. Hilt, SS Milwaukee Clipper
                  Preservation, Inc. – Tabled from the January 22nd special meeting.

VI.    OTHER

VII.   Adjourn



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                                                     Ann Marie Becker, City Clerk
                                                         933 Terrace Street
                                                        Muskegon, MI 49440
                                                          (231) 724-6705
                                         Staff Report
                                     CITY OF MUSKEGON
                                   PLANNING COMMISSION
                                     REGULAR MEETING

                                         February 14, 2008

Hearing; Case 2008-04: Request to amend the Final PUD for 100 Muskegon Mall for the
properties located at 280 & 284 W. Clay Avenue and 801 Terrace Street, to allow for an
educational culinary institute, by David Mayville, Bosma Architects, 557 W. Western Avenue,
and Baker College.

Applicant:                            David Mayville, Bosma Architects/Baker College

Property Address/Location:            280 & 284 W. Clay Avenue and 801 Terrace Street

Request:                              PUD Amendment

Present Land Use:                     Vacant

Zoning:                               B-3, Central Business, with a PUD Overlay


STAFF OBSERVATIONS
1.   The approval for the Final PUD was given by City Commission on February 22, 2005.

2.     At that time, the site plan only included the proposed street grid, location of five existing
       buildings, and “buildings and structures as proposed and the spatial relationship to each
       other and existing downtown structures”. Uses within existing or newly developed
       buildings had not yet been determined, but the approval was for “mixed use, residential
       and commercial”.
3.     This amendment targets the property at the corner of Third Street and Clay Avenue and
       the lot next to it that is on the corner of Clay Avenue and Second Street. In addition, this
       request also includes the property at 801 Terrace Street, bounded by Terrace, Clay,
       Jefferson and Western.
4.     The request is to allow for an educational culinary institute at 280 and 284 W. Clay
       Avenue, and student parking lot at 801 Terrace Street.
5.     The property is zoned B-3, Central Business, with a PUD overlay. All properties
       surrounding these parcels are zoned B-3.
6.     The two lots at 280 and 284 W. Clay are 1.3 acres of vacant land. There is a sizeable
       strip of land on the corner of Third and Clay that is a common area owned by the condo
       association. This strip will be used for a grassy, landscaped area with an art piece that
       has yet to be decided on. The lot at 801 Terrace Street is 2.3 acres in size, and would be
       developed as the student parking that will be accessory to the culinary school. The site
       plans shows that it is proposed to have two gated entrances, one off of Terrace and the
       other off Jefferson.
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7.    The Planning Department requires that the following items be amended on the site plan
      as a condition of approval:
      a.      Provide a vicinity map.
      b.      Provide the parcel numbers and addresses of the property.
      c.      Indicate parcel dimensions.
      d.      Include area reference points for adjacent properties (drives, structures within 100
              ft).
      e.      Indicate existing zoning classification of abutting properties.
      f.      Indicate location of snow storage areas, or if snow will be removed from site, so
              indicate on the site plan.
      g.      Indicate location of fire lanes, hydrants and fire lock boxes.
      h.      Fences on both sites most be moved back from the corner for clear vision at
              intersections. (See City staff to discuss exact location fencing.)
      i.      The student parking lot needs site circulation arrows.
      j.      The landscaping plan needs additional trees and shrubs, and the student parking
              lot shows no landscaping. Staff can work with the architect to amend the
              landscaping plans.

8.    The Department of Pubic Works has the following conditions of approval:
      a.    Copy of the plumbing plans must be sent to Kelly DeFrench, Department of
            Public Works, 1350 E. Keating, Muskegon, MI 49442

9.    The Engineering Department has the following conditions of approval:
      a.    Sheet C1.2, storm sewer connections can’t remove newly constructed sidewalk.
      b.    A drive approach permit, if not constructed during City’s project, will need a
            permit from Engineering. If requested by owner, can be a part of City’s project
            (after August 2008), if owner agrees to pay actual cost.

10.   The Fire Department has the following conditions of approval:
      a.     Fire flow water supply data test shall be conducted and submitted to the Fire
             Marshall.
      b.     Fire lane shall be established, signage required.
      c.     Post indicating valve shall be installed for suppression system.
      d.     Key box shall be installed for Fire Department access.
      e.     A 5-inch stortz connection required for Fire Department connection.
11.   There were no comments received regarding this request.




                                               3
View from Second Street looking southwest.        View from the corner of Third and Clay.




  View of parking lot from Terrace Street.       View from NW corner Western & Jefferson.




                                             4
5
                                ORDINANCE EXCERPTS

                               Planned Unit Developments

            Excerpted from Section 2101: Development Options

1.   Planned Unit Development (PUD) Purpose

     The purpose of this option is to permit flexibility in the regulation of land development;
     encourage innovation in land use and variety in design, layout, and type of structures
     constructed; achieve economy and efficiency in the use of land, natural resources and
     utilities; encourage provision of useful open space; provide adequate housing,
     employment, and shopping opportunities particularly suited to the needs of the residents
     of the City of Muskegon and encourage the use, reuse, and improvement of existing sites
     and buildings when the uniform regulations contained in zoning districts do not provide
     adequate protection and safeguards for the site or surrounding area.

     This option is intended to accommodate developments with mixed or varied uses, to
     allow some degree of flexibility in the application of standards and regulations in this
     Ordinance to achieve innovation to development on sites with unusual topography or
     unique settings within the community, or on land which exhibits difficult or costly
     development problems, and shall not be allowed where this option is sought primarily to
     avoid the imposition of standards and requirements of zoning classifications rather than
     to achieve the stated purposes above.

     a.     Planned Unit Development Regulations, Standards and Requirements

            1)     The entire parcel for which application is made must be under one
                   ownership or the application must be made with the written authorization
                   of all property owners.

            2)     The application shall     meet the criteria established in each specified
                   zoning district.

     b.     PUD Review Procedures

            1)     A petition for a PUD approval shall be submitted in accordance with
                   Section 2332 of this ordinance.
            2)     The review shall be in two phases:

            3)     The preliminary phase shall involve a review of a conceptual PUD plan to
                   determine its suitability.

            4)     The final phase shall require a detailed development plan for any part of
                   the approved conceptual PUD plan.
     c.     Standards for Approval of PUD Plans


                                             6
           The Planning Commission shall approve, deny or modify preliminary PUD plans,
           based upon the following standards. Likewise, the City Commission shall
           approve, deny, or modify final PUD plans (after review and recommendation by
           the Planning Commission) based upon the following standards.

           1)     The uses proposed will have a beneficial effect, in terms of public health,
                  safety, welfare, or convenience of any combination thereof, on present and
                  potential surrounding land uses. The uses proposed will not adversely
                  affect the public utility and circulation systems, surrounding properties, or
                  the environment.

           2)     The uses proposed should be consistent with the land use plans adopted by
                  the City.

           3)     The amount of open space provided, which the Planning Commission or
                  City Commission may modify even though such modifications do not
                  conform to that required in other sections of this ordinance.

           4)     The amount of off-street parking areas, which the Planning Commission
                  or City Commission may modify even though such modifications do not
                  conform to that required in other sections of this ordinance.

           5)     The amount of landscaping and buffering areas, which the Planning
                  Commission or City Commission may modify even though such
                  modifications do not conform to that required in other sections of this
                  ordinance.

           6)     The protection or enhancement of significant natural, historical, or
                  architectural features within the proposed development area.

           70     The uses proposed will result in safe, convenient, uncongested and well
                  defined vehicular and pedestrian circulation systems.

2.   Preliminary PUD Plan Submission

     The applicant shall submit together with the application for PUD preliminary phase
     approval:

     a.    A general development plan depicting the proposed locations of streets, parking
           areas, open spaces, buildings and structures, and their spatial relationships, the
           relationship to off-site improvements and infrastructure and any unusual
           topographic features.

           1)     Approval by the Planning Commission of the PUD Preliminary Plan shall
                  remain in effect for a period not to exceed three (3) years from the date of
                  approval.

3.   Final PUD Plan Submission
                                            7
      The applicant shall submit together with the application for PUD final phase approval,
      development plans in sufficient detail and in so far as possible the specific locations and
      dimensions of:
      a.     all streets, sidewalks, public and private utilities, parking areas, truck docks and
             service drives;

      b.     all buildings and structures, elevations and spacial relationships;

      c.     landscaping, buffers, fences, and protective walls;

      d.     open space areas and other significant environmental features;

      e.     existing and final topographic changes;

      f.     identification and directional signage;

      g.     property survey prepared and certified by a licensed land surveyor;

4.    Amendments to an Approved Final PUD Plan

      a.     Incidental or minor changes may be approved by the Planning Commission if the
             proposed modifications do not alter the basic design or land uses of the plan.

      b.     If the Planning Commission determines that the proposed modifications are
             significant or major, a public notice and public hearing in accordance with
             Section 2332 must be conducted prior to approval or denial.

 5.   PUD Development Time Limits

      a.     Construction of the improvements shown on the approved final PUD plan with all
             proposed buildings, parking areas, landscaping and infrastructure must commence
             within one year of approval by the City Commission.

      b.     Construction must be continued in a reasonable, diligent manner and be
             completed within five (5) years.

      c.     Said five (5) year period may be extended if applied for in writing by the
             petitioner and granted by the City Commission following public notice and public
             hearing in accordance with Section 2332 of this ordinance. Failure to secure an
             extension shall result in a stoppage of all construction.


STAFF RECOMMENDATION
Staff recommends approval of the request to amend the Final PUD for 100 Muskegon Mall, for
properties at 280 & 284 W. Clay Avenue and 801 Terrace Streeet, with the listed conditions.



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DELIBERATION
Standards for discretionary uses: (emphasis provided)

1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
   adjacent use and development.

2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
   increased traffic, noise, vibration, or light.

3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.

4. The proposed site plan complies with section 2331of 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 minor amendment to the Final PUD for 100 Muskegon Mall for properties at 280
& 284 W. Clay Avenue and 801 Terrace Street be (approved/denied) pursuant to the
determination of (compliance/lack of compliance) with the intent of the City Zoning Ordinance
and City Master Land Use Plan, subject to the following condition:

1.         All revisions to the site plan listed in #7 of the staff report are completed and approved by
           the Planning Department.
2.         The condition listed in #8 of the staff report by the Department of Public Works must be
           met.
3.         All conditions of the Engineering Department listed in #9 of the staff report are met.
4.         All conditions of the Fire Department stated in #10 of the staff report are met.




                                                     9
Hearing; Case 2008-02: Request for a Special Land Use Permit, per section 1901 (#6) of
Article XIX of the Zoning Ordinance to allow for a museum ship at the Mart Dock, 560 Mart
Street, by Raymond J. Hilt, SS Milwaukee Clipper Preservation, Inc.

Applicant:                          Special Land Use Permit

Property Address/Location:          560 Mart Street

Request:                            Allow a museum ship in a WM, Waterfront Marine
                                    District.

Present Land Use:                   Dock and storage uses.

Zoning:                             WM, Waterfront Marine District


STAFF OBSERVATIONS


1.     This request is to allow the SS Milwaukee Clipper to dock at the Mart Dock site,
       contingent on the addition of museums being added as a “Special Land Use” in the
       Waterfront Marine District, in the previous case. The Planning Commission’s
       recommendation to the City Commission would need to be approved for this request to
       formally be approved (see conditions of approval with the motion).
2.     The zoning of the property at 560 Mart Street is WM, Waterfront Marine, as is the
       property to the southwest. The property to the northeast is zoned B-2, Convenience and
       Comparison Business, and to the east the zoning is B-3, Central Business.
3.     The property owners failed to sign the application, as is customary. They are, however,
       fully aware of the request.
4.     Since the proposed use won’t require site work, the site plan is rather simple. Parking
       will be accommodated on the Mart Dock property. If improvements on land are
       proposed in the future, a site plan amendment would need to be submitted to the Planning
       Department for approval.

5.     The Fire Department has the following conditions of approval:
       a.     Fire Department access is established and maintained.
       b.     Remove bollard between building and seawall near the stern of ship.
       c.     Add fire hydrant and dry stand pipe system, hydrant shall be located near stern.
       d.     Provide Fire Department connection, location to be approved by Chief/Fire
              Marshall.
       e.     Fire access road shall be designed and maintained to support the imposed loads of
              fire apparatus, not less than 76,000 pounds.
       f.     Access shall be maintained during all months of year.
       g.     All stand pipe/hose connections inside of ship shall be repaired inspected, and
              operational.
       h.     Fire protection system shall be operational and comply with NFPA 13.
                                              10
     i.     Water supply from ship to shore shall be established.

6.   The Engineering Department has the following conditions of approval:
     a.    As long as the work is on the boat only, and no site work is proposed, the plan is
           approved. If site work is necessary, then a more detailed plan is needed.

7.   The Department of Public Works has no outstanding issues with this request.

8.   Staff has received no comments regarding this request.




                Approximate location of where the Clipper would be docked.




                                            11
View shows relation of the proposed Clipper location to the Port City Princess.




                                       12
                                        ORDINANCE EXCERPTS

SECTION 1901: 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 Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:

1.     Engine and hull repair shops.

2.     Marine contracting.

3.     Commercial fishing and processing facilities.

4.     Accessory buildings and accessory uses customarily incidental to the above Special Land
       Uses Permitted.

5.     Seasonal recreational camper, trailer parks and facilities.

6.     Uses similar to the above Special Land Uses Permitted.
                                                13
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:

1.     Give due regard to the nature of all adjacent uses and structures and the consistency with
       the adjacent use and development.

2.     Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
       increased traffic, noise, vibration, or light.

3.     Adequate water and sewer infrastructure exists or will be constructed to service the
       Special Land Use or activity.

4.     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 request for Special Land Use Permit, per Section 1901 of Article XIX of the
Zoning Ordinance, to allow for a museum ship in a B-3 zoning district at 560 Mart Street, by
Raymond Hilt, SS Milwaukee Clipper Preservation, 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 amendment to the WM, Waterfront Marine district to allow museums as a special
       land use is approved by City Commission.
2.     All conditions of the Fire Department listed under #4 of the staff report be met.
3.     All conditions of the Engineering Department listed under #5 if the staff report be met.
4.     The owner/applicant shall permit the zoning administrator or other zoning staff in the
       premises at reasonable times to review compliance with this permit.
5.     The Special Land Use Permit affidavit shall be recorded with the register of deeds prior
       to occupying the building.



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