Planning Commission Packet 07-12-2012

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                                               CITY OF MUSKEGON
                                             PLANNING COMMISSION
                                               REGULAR MEETING

DATE OF MEETING:                       Thursday, July 12, 2012
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

 III. Public Hearings

 IV. New Business

    A. Case 2012-17: Request for a site plan review for the property at 2400 Lakeshore Dr, by
       Melching, Inc.

  V. Old Business

 VI. Other

    A. Form Based Code information

 VII. Adjourn




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                                               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 12, 2012



Case 2012-17: Request for a site plan review for the property at 2400 Lakeshore Dr, by
Melching, Inc.
BACKGROUND:
Applicant: Melching, Inc.

Property Address (location): 2400 Lakeshore Dr

Zoning: I-2, General Industrial District

Current Land Use: Vacant Industrial / Demolition

STAFF OBSERVATIONS
1. The parcel measures roughly 120 acres.
2. The eastern half of the property is currently under dismantling, demolition and/or remediation.
3. The applicant would like to use to western half of the property for scrap metal dismantling and
   processing.
4. Scrap metal processing is considered a principal use permitted under the zoning ordinance.
   However, since it has never been used as such in the past, it is considered a change of use, and
   a site plan review is necessary.
5. The site plan indicates the locations of scrap steel staging and dismantling areas, proposed
   loading platforms for port shipping and existing and future vegetative screening.
6. The applicant has stated that the scrap metal will be moved off site via ship, rail and truck;
   prioritized in that order.




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Zoning Map




Aerial Map




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Ordinance Excerpt:
                                      I-2 General Industrial

                 ARTICLE XV - I-2 GENERAL INDUSTRIAL DISTRICTS

PREAMBLE

The I-2 General Industrial Districts are established primarily for manufacturing, assembling, and
fabrication activities including large scale or specialized industrial operations whose external
physical effects may be felt to some degree by surrounding districts. The I-2 District is so
structured as to permit, in addition to I-1 Light Industrial District uses, the manufacturing,
processing and compounding of semi-finished or finished products from raw materials.

SECTION 1500: PRINCIPAL USES PERMITTED

In an I-2 General Industrial District, buildings and land may be used for one (1) or more of the
following specified uses, unless otherwise provided in this Article.

1.     Any Principal Use Permitted in the I-1 District, subject to the requirements of this District.

2.     Primary metal industries, including foundries, smelting and refining of metal or alloys,
       rolling and extruding plants.

3.     Chemical plants whose manufacturing process produce products which are not hazardous
       materials as defined in the Fire Code.

4.     Paper and pulp manufacturing.

5.     Power generating plants.

6.     Junk yards and scrap metal processing.

7.     Rubber manufacturing or the remanufacturing of rubber products.

8.     Medical Marihuana caregiver facilities to the extent licensed pursuant to City Code
       Sections 34-101 through 43-107 [03/11].

9.     Uses similar to the above principal uses.

DELIBERATION
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

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     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
     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
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       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 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.


DETERMINATION

The following motion is offered for consideration:

I move that the site plan for scrap metal processing located at 2400 Lakeshore Dr, be
(approved/denied/tabled), based on the following findings and conditions (if approved)
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