Planning Commission Packet 03-12-2009

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                                               CITY OF MUSKEGON
                                             PLANNING COMMISSION
                                               REGULAR MEETING

DATE OF MEETING:                        Thursday, March 12, 2009
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 February 12, 2009.

III.   PUBLIC HEARINGS

       A.         None

IV.    NEW BUSINESS
       A.         Case 2009-04: Request for Site Plan Review for the property located at 527
                   Young Avenue, by Danielle Viening, DDBP, LLC.

V.     OTHER


VI.    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

                                          March 12, 2009

Case 2009-04: Request for Site Plan Review for the property located at 527 Young Avenue, by
Danielle Viening, DDBP, LLC.

BACKGROUND

Applicant:                            Danielle Viening, DDBP,LLC

Property Address/Location:            527 Young Street

Request:                              Site Plan Review

Present Land Use:                     Aggregate Storage & Concrete Recycling

Zoning:                               I-2, General Industrial

STAFF OBSERVATIONS
1. The subject property is located in Seaway Industrial Park and is the former Smith Packing
   site.
2. Property to the North is I-2, and to the East, South, and West is zoned I-1, Light Industrial.
   This property was rezoned from I-1 to I-2 in April 2007. There was also approval given by
   the Planning Commission in April 2007 to “process, store, and recycle concrete and
   aggregate”.
3. This site received site plan approval in March 2007, but the building has not yet been built.
   In addition, the site plan has some changes that would require it to come back before
   Planning Commission for approval, rather than allow staff to handle the request.

4. Per the Zoning Ordinance, “Minor modifications to a site plan previously approved by the
   Planning Commission may be approved by the Zoning Administrator including, without
   limitations:

   a. Change in any building size, up to five percent (5%) in total floor area.

   The previous floor area of the building was 5,340 sq. ft. The new proposed building contains
   3,600 sq. ft, or a reduction of 1,740 sq. ft.
5. In addition the following changes have been made to the site plan:
   a. The dumpster has been moved from the south side of the parking area to the north side.
   b. Truck bays have been reduced from five to three.
   c. The paved drive off of Young Avenue has been lengthened.
   d. The area being fenced has increased to include area directly behind the building, and the
       drive off Young Avenue.
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   e. Additional aggregate piles are shown.

6. The Planning Department staff would require that the I-1 information be removed from the
    site plan, and show only the I-2 information to avoid confusion on the zoning classification.
7. The Engineering Department has the following conditions of approval:
    a. The proposed drive off of Young (west of the building) requires a permit from
        Engineering if the curb cut does not exist.
    b. The paving of Temple Street is permitted at this time and subject to being voided for
        future public improvements in that area if deemed necessary by the City.
8. The Department of Public Works has the following comments:
    a. Contact DPW regarding water and sewer service.
9. The Fire Department has no outstanding issues with this site plan.
10. 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.

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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, 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
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       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 truck garage with
associated concrete recycling and aggregate storage, subject to the conditions listed below.

 DETERMINATION

The following motion is offered for consideration:

I move that the site plan for the truck garage, with associated concrete recycling and aggregate
storage, located at 527 Young Avenue for Danielle Viening, DDBP, LLC, 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 issues listed by the Engineering Department in #7 and DPW in #8 of the staff report
       must be addressed.




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