Planning Commission Packet 04-16-2009

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                                               CITY OF MUSKEGON
                                             PLANNING COMMISSION
                                               REGULAR MEETING

DATE OF MEETING:                        Thursday, April 16, 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 March 12, 2009.

III.   OLD BUSINESS

       A.         Case 2009-03: Request for Site Plan Review for the property located at 1221 W.
                  Laketon Avenue, by Susan Johnson, Every Woman’s Place, Inc. and Brian
                  Butkis, Hooker DeJong Architects.

IV.    PUBLIC HEARINGS
       A.         None

V.     NEW BUSINESS
       A.         None

VI.    OTHER


VII.   Adjourn




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       The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing
       impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to
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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

                                         April 16, 2009

Case 2009-03: Request for Site Plan Review for the property located at 1221 W. Laketon
Avenue, by Susan Johnson, Every Woman’s Place, Inc. and Brian Butkis, Hooker DeJong
Architects.

BACKGROUND

Applicant:                           Susan Johnson, Every Woman’s Place, LLC and
                                     Brian Butkis, Hooker DeJong Architects

Property Address/Location:           1221 W. Laketon Avenue

Request:                             Site Plan Review

Present Land Use:                    Emergency Shelter with Associated Offices

Zoning:                              RM-2, Medium Density Multiple Family Residential

STAFF OBSERVATIONS
1. The subject property is a large parcel located along Laketon Avenue, next to Muskegon
   Catholic Schools.
2. Properties to the North, South and East are zoned R, One Family Residential, and to the West
   the property is zoned OSC, Open Space Conservation.
3. The subject property was rezoned from R, One Family Residential to RM-2 in September
   2007. City staff submitted a request in September 2008 to rezone the property back to R-1.
   This request has been tabled until the May 2009 Planning Commission meeting.
4. The request is to add a two-story, 42,000 square foot building to the existing 3-story, 22,075
   square foot building.
5. At this time, construction is scheduled to begin in June. This could be affected by flow of
   funds into the project.
6. Construction of the large addition will allow for 34 more beds and will increase the number
   of counseling rooms, as well as office space.
7. The site plan is quite complete, with just a few issues that must be addressed.
   a. The landscape plan does not include the total number of required understory trees. Due
       to safety concerns, the applicants requested that the smaller number proposed be
       approved.
   b. The City Commission may require a sidewalk be installed along Laketon Avenue, as has
       been their policy for recent projects in the City.
8. The Planning Department has the following amendments to the site plan as conditions of
   approval:
   a. The property address and parcel number must be included on the site plan.
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   b.   Include specs for the dumpster, including material type and height.
   c.   Show location of all fire lanes.
   d.   All landscape islands or bump-outs require one canopy tree and 3 shrubs .
   e.   If any additional outdoor lighting is proposed, show location, pole height (if appropriate)
        and indicate that all light fixtures will be 100% cut-off style.

9. The Engineering Department has the following conditions of approval:
   a. Need to check with Muskegon County Public Works Department for possible need of soil
      erosion permit.
   b. Permit from Engineering Department is required for work on proposed drives (new or
      removal of existing).
   c. All unused drives need permit from Engineering Department.

10. The Department of Public Works has the following comments:
    a. Contact DPW regarding water and sewer connections and fees at 724-4100.
    b. A 6” water service “split” for fire and domestic uses must be inside the building.

11. The Fire Department has following conditions of approval:
    a. Please send revised plan with location of fire hydrants.
    b. The number of hydrants required shall comply with IFC 2006 Edition Appendix C and B.
    c. Fire flow water supply test shall be conducted to determine number of hydrants required
       for fire protection.
    d. A post indicating control valve shall be installed for sprinkler system addition/existing
       systems.
    e. A stortz fire department connection shall replace existing 2-1/2 connection.
    f. Fire access road around building shall support 76,000 pound vehicle.
    g. Fire access road shall comply with IFC – International Fire Code Section 503.
    h. Please contact Fire Marshal for placement location of additional hydrants.

12. Staff has received no comments regarding this request.




        Every Woman’s Place building.                 Portion of property vacant to the west.


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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,
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     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.

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,
                                               5
       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 an emergency shelter with
associated offices, subject to the conditions listed below.



 DETERMINATION

The following motion is offered for consideration:

I move that the site plan for an emergency shelter, with associated offices, located at 1221 W.
Laketon Avenue for Susan Johnson, Every Woman’s Place, LLC, and Brian Butkis, Hooker
DeJong Architects, be (approved/denied/tabled), based on the following findings and conditions
(if approved):

1.     All requirements listed in item #8, #9, #10 and #11 of the staff report shall be provided as
       needed on a revised site plan prior to issuance of a building permit.
2.     Sidewalk shall be installed along Laketon Avenue, per City Commission policy.
3.     The rezoning request from RM-2 to R-1 be denied by the City Commission.




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