Planning Commission Packet 07-10-2014

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                                               CITY OF MUSKEGON
                                             PLANNING COMMISSION
                                               REGULAR MEETING

DATE OF MEETING:                       Thursday, July 10, 2014
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 from the regular meeting of May 15, 2014.

 III. Public Hearings

    A. Hearing, Case 2014-08: Request for an alley vacation for the alley between Vulcan
       Street and Brunswick Street, from Nims Street to Keating Avenue, by Newkirk Electric.
    B. Hearing, Case 2014-09: Staff-initiated request to extend the current Master Plan.

 IV. New Business

    A. Case 2014-010: Request for a site plan review for a building addition at 221 S.
       Quarterline Road, by Muskegon Community College.

  V. Old Business

 VI. Other

 VII. Adjourn




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      services should contact the City of Muskegon by writing or calling the following:

                                               Ann Marie Cummings, City Clerk
                                                      933 Terrace Street
                                                     Muskegon, MI 49440
                                                        (231) 724-6705
                               TTY/TDD: Dial 7-1-1 and request that a representative dial 231-724-6705
                                    CITY OF MUSKEGON
                                  PLANNING COMMISSION
                                    REGULAR MEETING

                                         July 10, 2014


Hearing, Case 2014-08: Request for an alley vacation for the alley between Vulcan St and
Brunswick St from Nims St to Keating Ave, by Newkirk Electric.


STAFF OBSERVATIONS
   1. Nims St and Vulcan St were recently vacated so that Newkirk Electric could utilize their
      property at 1975 Vulcan St and fence in all of their properties.
   2. Newkirk Electric would now also like to vacate the alley between Vulcan St and
      Brunswick St from Nims St to Keating Ave. so that they may have more space to utilize.
      This would also help with maintenance of the area, since it would be difficult for anyone to
      maintain the alley space once a fence is put up between the company and the residential
      homes.
   3. Notice was sent to property owners and tenants within 300 feet of the alley. At the time of
      this writing, staff has not received any comments from the public.




       Alley looking north from Keating Ave                Alley looking south from Nims St




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Zoning Map




Aerial Map




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MOTION FOR CONSIDERATION

I move that the vacation of the alley between Vulcan Street and Brunswick Street, from Nims
Street to Keating Avenue be recommended to City Commission for (approval/denial), based on
(compliance/lack of compliance), with the City’s 1997 Master Land Use Plan… (list conditions, if
any):




Hearing, Case 2014-09: Staff-initiated request to extend the current Master Plan.

BACKGROUND
Per the Michigan Zoning and Enabling Act, the City must pass a resolution every five years to
either update the Master Plan or extend the current Master Plan. Staff has recommended
extending the current Master Plan while we update the Zoning Ordinance. Staff has given the
proper notices to the other local jurisdictions and we must now hold a public hearing before
having a final vote.

MOTION FOR CONSIDERATION
I move that the City of Muskegon extend the current Master Plan.




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Case 2014-010: Request for a site plan review for a building addition at 221 S Quarterline Road,
by Muskegon Community College.


STAFF OBSERVATIONS
   1. The proposed addition measures 17,600 sf and will be one story.
   2. The addition will be located on the northeast side of the existing main school building.
   3. The property is zoned RM-1, Low Density Multiple Family Residential district.
   4. The site plan meets all applicable setback requirements. The front setback off of
      Quarterline Rd is 53 feet.
   5. Their parking requirements will still be met with this addition and no new parking spaces
      are planned.
   6. Staff is requesting the following changes to the site plan:
           a. A landscaping plan must be submitted. There will be nine oak trees and two pine
              trees removed for this development. Staff is requesting that these trees be replaced
              somewhere else on site, in addition to the other landscaping requirements.
           b. The temporary gravel drive needs to be asphalt to contain erosion.
           c. Location of all existing fire hydrants at and near property shall be shown on the site
              plan. Fire hydrants shall comply with IFC appendix C.
   7. Staff would also like to make the following comments, so that the applicant is aware of
      these situations:
           a. Water supply fire flow test shall be conducted and submitted to the Fire Marshall.
           b. Soil Erosion permit is required from Muskegon County Public Works.
           c. When working on water main, contact Dave Baker at 724-4184 for valves turn
              on/off.


                                   Location of addition looking south




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Zoning Map




Aerial Map




 6
      Zoning Ordinance excerpt:

SECTION 703: AREA AND BULK REQUIREMENTS [amended 4/00]

1.    Minimum lot size: 10,890 sq. feet.

2.    Density (see definition in Article II): 16 dwelling units per buildable acre.

3.    Dedicated open space requirement: 15 %

4.    Maximum lot coverage:
           Buildings: 60 %
           Pavement: 20 %

5.    Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then measured
      from setback).

6.    Maximum building width: 50% (as a portion of the lot width).

7.    Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
      times longer its width.

8.    Height limit: 3 stories or 50 feet.

      Height measurement: In the case of a principal building, the vertical distance measured
      from the average finished grade to the highest point of the roof surface where the building
      line abuts the front yard, except as follows: to the deck line of mansard roofs, and the
      average height between eaves and the ridge of gable, hip, and gambrel roofs (see Figure 2-
      2). If the ground is not entirely level, the grade shall be determined by averaging the
      elevation of the ground for each face of the building (see Figure 2-3).

9.    Front Setbacks: [amended 1/05]
             Minimum:
                    Expressway or Arterial Street: 30 feet
                    Collector or Major Street: 25 feet
                    Minor Street: 20 feet

10.   Rear setback: 30 feet
11.   Setback from the ordinary high water mark or wetland: 50 feet (principal structures only).

12.   Side setbacks:
             1-story: 8 feet and 12 feet
             2-story: 10 feet and 14 feet
             3-story: 12 feet and 16 feet

      Note, setback measurement: All required setbacks shall be measured from the right-of-
      way line to the nearest point of the determined drip line of buildings. [amended 10/02]

13.   Zero lot line option: New principal buildings may be erected on the rear lot line and/or one
      side lot line provided: [amended 10/02]

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       a.      The building has an approved fire rating for zero-lot line development under the
               building code.

       b.      The building has adequate fire access preserved pursuant to fire code requirements.

       c.      The zero lot line side is not adjacent to a street.

       d.      A maintenance access easement is granted by the adjacent property owner and
               recorded with the County Register of Deeds and provided to the zoning
               administrator with the site plan or plot plan.

       e.      It is not adjacent to wetlands, or waterfront.

14.    All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
       line is employed for a structure or fire access. At least fifty percent of all required front
       setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
       greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
       amended 10/02]



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

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     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
     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.
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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 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.


MOTION FOR CONSIDERATION

I move that the site plan for the building addition at 221 S Quarterline Rd be (approved/denied/
tabled) with the following condition:

     A. Comments in item #6 of the staff report are addressed and approved by staff.




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