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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, April 14, 2016
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 February 11, 2016.
III. Public Hearings
A. Hearing, Case 2016-06: Request for a special land use permit to allow for a drive-thru
restaurant at 1887 & 1895 E Sherman Blvd, by Chicago Diversified Foods.
IV. New Business
A. Case 2016-07: Request for a site plan review for an addition to the gymnasium and a new
practice baseball field at 221 S Quarterline Rd, by Muskegon Community College.
V. Old Business
VI. Other
VII. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
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 attend the meeting, upon twenty-four hour
notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or 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
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
February 11, 2015
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, B. Larson, B. Mazade, J. Doyle, E. Hood
F. Peterson, J. Montgomery-Keast, S. Gawron
MEMBERS ABSENT: B. Smith
STAFF PRESENT: M. Franzak, K. Cummins
OTHERS PRESENT: D. Rinsema-Sybenga, Muskegon Community College 221 S. Quarterline Rd;
T. Matheson, Matheson & Matheson, 560 5th St NW #405, Grand Rapids; M.
Colpetzer, Fleis & Vandenbrink, 27725 Stansbury Blvd, Suite 150, Farmington
Hills; L. Morrisson, Mercy Health, 1500 E. Sherman Blvd, Muskegon
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of January 14, 2016 be approved, was made by J. Doyle,
supported by J. Montgomery-Keast and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2016-04: Request for two major departures from the zoning ordinance (window glazing,
doors) and site plan approval for the buildings at 981 3rd St and 396 W Clay Ave, by Muskegon Community
College. M. Franzak presented the staff report. Muskegon Community College will be locating several of
its academic programs in the former Muskegon Chronicle and Masonic Temple buildings downtown. The
buildings are located in the Downtown (DT) context area of the Form Based Code (FBC) zoning district, and
while the proposed use is allowed, the site plan did not meet two requirements of the code: window glazing
and door placement.
The code requires that all windows have clear glazing. New windows are being proposed on the building at
396 W. Clay Ave. on the large stone material area facing Hackley Park. The clear window glazing
requirement is nearly met; however, the bottom and top portion of the windows are proposed to have a 100%
non-transparent coating to screen mechanical features. The building does meet the 50% building space
window requirement. The rest of the glass will have 100% transparency. Non-transparent window coating
in this instance is somewhat unique because it is an existing building. The code further requires buildings to
have a door every 75 feet. This requirement was put in place to make buildings appear more welcoming and
give downtown a more active feel. Long stretches of buildings without entrances reduce the walkability
experience. This plan proposes the addition of one new door and the removal of three doors on the building
at 396 W. Clay Ave. This will leave 112 feet of space between the new door on Clay Ave and the corner of
the building at the intersection of 3rd St and Western Ave. The existing building space will be home to an
educational facility long-term. Since it is not a retail space, the changes are seen as an improvement. The
existing glass door furthest to the east is the most critical. The removal of the other door entrances will not
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significantly reduce the distance between doors. All replacement windows will be replaced with clear glass.
T. Michalski and J. Montgomery-Keast inquired about the placement of a curb cut in relationship to the
newly-proposed handicapped-accessible door on Clay Avenue. B. Mazade asked about landscaping and
parking lot improvements. D. Rinsema-Sybenga of MCC spoke to the history of the project, and stated that
they hoped to begin holding classes at the facility the fall semester of 2017. T. Matheson spoke regarding the
project’s goal to create transparency and forming a better connection to the downtown area, while
maintaining historical elements of the building. They were working the State Historic Preservation Office
(SHPO) for federal funding through the Bank Enterprise Award program (BEA). He addressed removal of
the three existing doors, stating that they are exit doors and cannot be accessed from the street. He addressed
the curb cut concerns on Clay Avenue and presented samples of the proposed transparent and non-
transparent window treatments.
A motion to close the public hearing was made by B. Larson, supported by J. Doyle and unanimously
approved.
A motion that the major departures from the ordinance regarding clear glass and door removal be approved
with the following conditions: 1) the plan shall state that all replacement windows use clear glass at ground
level, 2) the new windows over stone be approved as presented, and 3) the doors on Clay Ave be removed as
proposed, was made by J. Montgomery-Keast, supported by B. Larson and unanimously approved, with T.
Michalski, B. Larson, B. Mazade, J. Doyle, E. Hood, F. Peterson, J. Montgomery-Keast, and S. Gawron
voting aye.
Hearing, Case 2016-05: Request for a Special Use Permit to allow a ten-story building addition and
relocation of a helipad at 1500 E Sherman Blvd, by Mercy Health Partners. M. Franzak presented the staff
report. The site measures just over 37 acres (51 acres if you include all 4 parcels) and can be accessed off of
Sherman Blvd and Mercy Drive. Mercy Health Partners is proposing a 10-story building addition at 1500 E
Sherman. The zoning ordinance states that all buildings over three stories in Medical Care (MC) districts
receive a Special Use Permit. Additionally, they propose to relocate the helipad site which also requires a
Special Use Permit. Both projects can be included on the same Special Use Permit.
The 10-story addition will connect to the southern end of the existing main hospital building. The helipad
will be moved to just south of the building addition. While the proposed helipad does not meet the 100-foot
setback on the east property line, a shorter distance may be approved by the Planning Commission. The
ordinance suggests that the helipad contain perimeter landscaping and fencing; however, the plan does not
depict such. The parking lots will be reconfigured to make room for the addition: The parking lot to the
south of the existing main building will be removed; the parking lot to the west of the existing main building
will be reconfigured; and the parking lot to the north of the property will be enlarged. The parking lot to the
north will have a new drive and sidewalk for ingress/egress. The existing drive (located to the east of the lot)
does not have a sidewalk, and will increase from 153 spaces to 715 spaces. The total number of parking
spaces on the site is 1784. The plan should state that all parking lot lighting will be 100% cutoff and
downward facing, and the existing sanitary line on Mercy Drive which is depicted as a 10” sanitary line and
not 12” as shown. The applicant must confirm the existing sanitary sewer size on Mercy Drive or confirm
that the sewer line can handle the additional flow from the lift station. The Fire Department listed the
following items to be addressed before final approval can be given: a) Fire flow water supply shall be
completed, b) Define the total fire area so that fire flow and hydrants can be determined, c) Additional
hydrants are currently required. Submit plan showing all hydrants; proposed and existing; d) There is no
water supply in or near the vehicle parking areas, e) Current water main shows hydrants on a dead end drive.
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Water main shall be looped; and e) The farthest parking lot road width is 22 feet wide without a safety walk
for pedestrians.
B. Mazade asked for clarification regarding the stormwater runoff from the parking lot, noting that the
elevation differed from the east side of the parking lot to the west side by 18 feet. M. Colpetzer introduced
storyboards to showcase the campus configuration, the parking lots, the walkways, the relocation of the
helipad, and the storm drainage system. He emphasized that each phase of the project would be presented to
Engineering for approval before finalization. M. Franzak asked where the secondary helicopter pad would
be located. M. Colpetzer stated that the County airport would be the dedicated diversion point. J.
Montgomery-Keast expressed concern regarding the potential polluting of Little Black Creek by stormwater
runoff and U.S. 31 contaminants. Colpetzer explained that none of the water actually discharges into the
creek, and stated that the drainage plan actually diverted runoff between the wetlands into a natural settling
area. He explained that three 12-inch pipes connecting the drainage area emptied into a holding pond where
the sediment percolated into the ground prior to entering the wetland area.
A motion to close the public hearing was made by B. Mazade, supported by B. Larson and unanimously
approved.
A motion that the Special Use Permit for the 10-story addition and the relocation of the helipad be approved
with the following conditions: 1) A new site shall be submitted to and approved by staff, which includes all
of the comments from the Engineering and Fire Departments, 2) The perimeter of the helipad be fenced and
landscaped, 3) A sidewalk be added to the existing drive leading to the northernmost parking lot, and 4) The
plan must be revised to state that all parking lot lighting will be 100% cutoff and downward facing, was
made by B. Mazade, supported by B. Larson and approved, with S. Gawron, E. Hood, F. Peterson, B.
Larson, J. Doyle, and B. Mazade voting aye, and T. Michalski and J. Montgomery-Keast voting nay.
NEW BUSINESS
None
OLD BUSINESS
None
OTHER
None
There being no further business, the meeting was adjourned at 4:55 p.m.
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STAFF REPORT
April 14, 2016
Hearing, Case 2016-06: Request for a special land use permit to allow for a drive-thru restaurant at 1887 &
1895 E Sherman Blvd, by Chicago Diversified Foods.
BACKGROUND
1. The applicant is seeking to build a Taco Bell with a drive thru at 1887 and 1895 E Sherman Ave. The
two parcels combined measure roughly 182’ x 243’, equaling about 1.02 acres.
2. Drive thru restaurants that are located in B-4 districts on major streets must receive a special land use
permit from the Planning Commission and meet the following requirements:
a. A setback of at least 60 feet from the street right-of-way line of any existing or proposed
major thoroughfare shall be maintained
b. Ingress and egress points shall be located at least 60 feet from the intersection of any two
streets.
3. The property is not located at an intersection of two streets, but a 60-foot setback from the road must
be maintained. The plan shows a setback of just over 60 feet from the beginning of the right-of-way.
4. The proposed building measures 2,400 sf. and meets all applicable setbacks.
5. The plan meets the parking requirements with 44 proposed spaces.
6. There is proper ingress and egress to the site, with two curb cuts to Sherman Blvd, each allowing for
one-way traffic. There is also an addition ingress/egress from the back of the property to the south.
There is proper stacking spaces for cars for the drive thru.
7. The landscaping plan goes above and beyond the requirements and the dumpsters will be screened
with a pricey fence and landscaping.
8. There are no sidewalks on this property, nor are there any on the adjacent properties on Sherman
Blvd.
9. The Fire Marshall has noted that the closest available fire hydrant is in Fruitport Twp jurisdiction
behind this property. He states that the developer may need to submit a letter of request to Fruitport
Twp to calculate this fire hydrant into their fire protection requirements.
10. The Department of Public Works has noted that the City of Muskegon water and sewer utilities are
located in Sherman Blvd, but the plans show they are hooking up to Fruitport Twp utilities. They
recommend checking with Fruitport Twp for permission to hook up to their utilities.
11. Notice was sent to properties within 300 feet. Staff has received one comment from Best Financial
Credit Union, located at 1880 E Sherman Blvd. They have concerns about traffic coming from the
east. They have noticed that when cars turn left into Wendy’s (located just west of the proposed Taco
Bell), it cuts off access to their property. The credit union can have up to 400 ATM transaction per
day, in addition to over several hundred inside transactions. They have noticed a car accident at least
once every quarter.
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Looking south from Sherman Blvd.
Looking north from the back of the property.
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Zoning Map
Aerial Map (buildings showing on site have been removed)
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MOTION FOR CONSIDERATION
I move that the Special Land Use Permit for the drive thru restaurant at 1887 & 1895 E Sherman Blvd be
(approved/denied) as proposed with the following conditions:
1. The two properties must be combined.
2. All utility hook up and fire hydrant concerns listed in the site plan are addressed before a building
permit is issued.
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Case 2016-07: Request for a site plan review for an addition to the gymnasium and a new practice
baseball field at 221 S Quarterline Rd, by Muskegon Community College.
BACKGROUND
1. The applicant is seeking approval for a 39,566 sf, 2-story addition to the current gymnasium. The
proposed practice baseball field measures 150’ x 240’ and will be located just north of the existing
baseball field. The plans meet all applicable setback requirements.
2. The property is zoned RM-1, Medium Density Multiple Family Residential, as is the rest of the
Muskegon Community College campus.
3. The plan calls for the removal of 30 parking spaces to the west of the current gymnasium and some
realignment of a few parking spaces to the south; however, the campus already has more than enough
parking spaces to meet the ordinance requirements.
4. The plan calls for the removal of several canopy trees, but these will be replaced around the building
and in new landscape islands in the parking lot.
5. The Engineering Department has approved the stormwater management plan. A retention basin will
be located just west of the proposed practice field.
6. The Department of Public Works has noted that master meters need to be installed at the Quarterline
service connection and on the new Marquette service connection. All internal meters will be
eliminated.
Looking south from the existing parking lot. Building addition will be placed to the left of the current
building that is pictured.
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Zoning Map
Aerial Map
Standards for Site Plan approval:
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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.
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
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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 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.
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DETERMINATION
The following motion is offered for consideration:
I move that the site plan for the building addition and practice field addition at 221 S Quarterline Rd, be
(approved/denied/tabled), with the following conditions:
1. Master meters be installed at the Quarterline service connection and on the new Marquette service
connection.
2. Fire flow water supply testing shall be conducted, data shall be submitted to local Fire marshal and
fire protection company that contracts the fire suppression. At least one fire hydrant shall be located
within 150 feet of the fire department connection strait away with no turns or obstructions.
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