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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, November 16, 2006
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 meeting of October 12, 2006.
IV. PUBLIC HEARINGS
A. Hearing; Case 2006-50: Request to amend the Final PUD for the Terrace Lots,
between Terrace Street, Western Avenue and Shoreline Drive, by Carl Miskotten,
Muskegon Downtown Believers, LLC.
B. Hearing; Case 2006-51: Staff initiated request to amend the Preamble to the
Zoning Ordinance regarding the reference to the Michigan Zoning Enabling Act.
C. Hearing; Case 2006-52: Staff initiated request to amend the Section 2501,
(Creation and Membership, paragraph 4) of Article XXV, Zoning Board of
Appeals, regarding the removal of a ZBA member for malfeasance.
D. Hearing; Case 2006-53: Staff initiated request to amend Section 1201 (Special
Land Uses Permitted, #7) of Article XII (B-3, Central Business District) to allow
multiple family developments with a special land use permit.
E. Hearing; Case 2006-54: Staff initiated request to amend Section 1200 (Principal
Uses Permitted, Article XII (B-3, Central Business District) to eliminate the
minimum lot requirements for residential uses.
V. OLD BUSINESS
A. Hearing; Case 2006-44: Request for final Planned Unit Development approval
for a mixed use commercial and residential development for the southerly portion
of 1266 W. Sherman Boulevard, the Northerly portion of 1228 W. Sherman, a
portion of 1254 W. Sherman, and a portion of 2495 Barclay Street, by Hazel
Churchley, Exit Your Way, LLC. – Referred back by City Commission for
revisions to site plan.
VI. NEW BUSINESS
O:\Planning\COMMON\Zoning\Planning_Commission\PC2006\2006 Agendas\pc11-06.doc
A. Case 2006-55: Request for Site Plan Review for an industrial building expansion
at 1799 Sun Dolphin Drive (Ameriform), by Greg Halonen, DVK Construction.
VII. OTHER
A. Proposed changes to the “H” Heritage zoning district – Recommendation from
Historic District Commission.
B. Balcom’s Cove – proposed fill to correct flood plain issues.
VIII. 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:
Linda S. Potter, Acting City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
O:\Planning\COMMON\Zoning\Planning_Commission\PC2006\2006 Agendas\pc11-06.doc
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 16, 2006
Hearing; Case 2006-50: Request to amend the Final PUD for the Terrace Lots,
between Terrace Street, Western Avenue and Shoreline Drive, by Carl Miskotten,
Muskegon Downtown Believers, LLC.
Applicant: Carl Miskotten, Muskegon Downtown Believers,
LLC
Property Address/Location: Terrace Lots
Request: Request to amend the Final PUD for Terrace Lots
Present Land Use: Vacant land
Zoning: B-2
STAFF OBSERVATIONS
1. The applicant received approval for the Final PUD from City Commission on
August 22, 2006.
2. The applicant also received final approval of the site plan, including the
landscaping plan on October 19, 2006
3. According to the Zoning Ordinance, “Incidental or minor changes may be
approved by the Planning Commission if the proposed modifications do not alter
the basic design or land uses of the plan.”
4. The changes proposed involve reconfiguration of two of the buildings on the site.
The Harley building will become more long and narrow, and result in less parking
near that building. All 38 of the proposed parking spaces along Shoreline Drive
in front of the building have been removed and 8 spaces were added on the
Terrace Street side of the building. There will also be approximately 38 less
spaces surrounding the remainder of the building.
5. The car dealership layout contains the most noticeable changes to the site plan.
The building itself has taken on a different shape and the southerly portion of the
building has been moved more to the north. The location of the 42 inch sanitary
sewer south of the proposed building necessitated this move.
6. An additional 68 parking spaces have been added to this area, most noticeably
along Shoreline Drive, where there is now a double row of parking.
7. The pedestrian walkway connecting the restaurant building site and the dealership
is now less awkward. It now leads directly to the car dealership building instead
of to a landscape island and then the building.
8. All other elements of the site plan remain the same.
9. Fire, DPW, Engineering and Police all approved of the revised site plan.
10. A revised landscaping plan would need be to be submitted and approved by the
Planning Department.
11. Staff has received no comments on this request.
2
ORDINANCE EXCERPTS
Planned Unit Developments
Excerpted from Section 2101: Development Options
1. Planned Unit Development (PUD) Purpose
The purpose of this option is to permit flexibility in the regulation of land
development; encourage innovation in land use and variety in design, layout, and
type of structures constructed; achieve economy and efficiency in the use of land,
natural resources and utilities; encourage provision of useful open space; provide
adequate housing, employment, and shopping opportunities particularly suited to
the needs of the residents of the City of Muskegon and encourage the use, reuse,
and improvement of existing sites and buildings when the uniform regulations
contained in zoning districts do not provide adequate protection and safeguards
for the site or surrounding area.
This option is intended to accommodate developments with mixed or varied uses,
to allow some degree of flexibility in the application of standards and regulations
in this Ordinance to achieve innovation to development on sites with unusual
topography or unique settings within the community, or on land which exhibits
difficult or costly development problems, and shall not be allowed where this
option is sought primarily to avoid the imposition of standards and requirements
of zoning classifications rather than to achieve the stated purposes above.
a. Planned Unit Development Regulations, Standards and Requirements
1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written
authorization of all property owners.
2) The application shall meet the criteria established in each
specified zoning district.
b. PUD Review Procedures
1) A petition for a PUD approval shall be submitted in accordance
with Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD
plan to determine its suitability.
4) The final phase shall require a detailed development plan for any
part of the approved conceptual PUD plan.
3
c. Standards for Approval of PUD Plans
The Planning Commission shall approve, deny or modify preliminary
PUD plans, based upon the following standards. Likewise, the City
Commission shall approve, deny, or modify final PUD plans (after review
and recommendation by the Planning Commission) based upon the
following standards.
1) The uses proposed will have a beneficial effect, in terms of public
health, safety, welfare, or convenience of any combination thereof,
on present and potential surrounding land uses. The uses proposed
will not adversely affect the public utility and circulation systems,
surrounding properties, or the environment.
2) The uses proposed should be consistent with the land use plans
adopted by the City.
3) The amount of open space provided, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of
this ordinance.
4) The amount of off-street parking areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of
this ordinance.
5) The amount of landscaping and buffering areas, which the
Planning Commission or City Commission may modify even
though such modifications do not conform to that required in other
sections of this ordinance.
6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
7) The uses proposed will result in safe, convenient, uncongested and
well defined vehicular and pedestrian circulation systems.
2. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary
phase approval:
a. A general development plan depicting the proposed locations of streets,
parking areas, open spaces, buildings and structures, and their spatial
relationships, the relationship to off-site improvements and infrastructure
and any unusual topographic features.
4
1) Approval by the Planning Commission of the PUD Preliminary
Plan shall remain in effect for a period not to exceed three (3)
years from the date of approval.
3. Final PUD Plan Submission
The applicant shall submit together with the application for PUD final phase
approval, development plans in sufficient detail and in so far as possible the
specific locations and dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck
docks and service drives;
b. all buildings and structures, elevations and spacial relationships;
c. landscaping, buffers, fences, and protective walls;
a. open space areas and other significant environmental features;
b. existing and final topographic changes;
c. identification and directional signage:
d. a property survey prepared and certified by a licensed land surveyor;
4. Amendments to an Approved Final PUD Plan
a. Incidental or minor changes may be approved by the Planning
Commission if the proposed modifications do not alter the basic
design or land uses of the plan.
b. If the Planning Commission determines that the proposed
modifications are significant or major, a public notice and public
hearing in accordance with Section 2332 must be conducted prior
to approval or denial.
5. PUD Development Time Limits
a. Construction of the improvements shown on the approved final
PUD plan with all proposed buildings, parking areas, landscaping
and infrastructure must commence within one year of approval by
the City Commission.
b. Construction must be continued in a reasonable, diligent manner
and be completed within five (5) years.
a. Said five (5) year period may be extended if applied for in writing
by the petitioner and granted by the City Commission following
public notice and public hearing in accordance with Section 2332
of this ordinance. Failure to secure an extension shall result in a
stoppage of all construction.
5
STAFF RECOMMENDATION
Staff recommends approval of the request to amend the Final PUD for the Terrace Lots,
between Terrace Street, Western Avenue, and Shoreline Drive.
DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses and structures and the consistency
with the adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason
of increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
activity.
4. The proposed site plan complies with section 2331of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the minor amendment to the Final PUD for the “Terrace Lots”, between
Terrace Street, Western Avenue and Shoreline Drive be (approved/denied) pursuant to
the determination of (compliance/lack of compliance) with the intent of the City Zoning
Ordinance and City Master Land Use Plan, subject to the following condition:
1. A revised landscape plan shall be submitted and approved by the Planning
Department.
6
Hearing; Case 2006-51: Staff initiated request to amend the Preamble to the Zoning
Ordinance regarding the reference to the Michigan Zoning Enabling Act.
BACKGROUND
Earlier this year the Michigan Zoning Enabling Act of 2006 was passed. In order to
bring our zoning ordinance into compliance with this Act, some amendments must be
made. Three amendments were recommended to City Commission for approval by
Planning Commission in October. Other changes will be coming forward at future
meetings.
This particular amendment is merely a correction to the Preamble of the Zoning
Ordinance so it now references the new Michigan Zoning enabling Act.
NEW LANGUAGE
Deletions are crossed out and additions are in bold.
PREAMBLE
An ordinance enacted under the provisions and authority of the Public Acts of the State
of Michigan to establish districts and zones within which the use of land and structures,
the height, area, size, and location of buildings are regulated, and within which districts,
zone regulations are established for the light and ventilation of such buildings, and within
which districts, density of population is regulated; to provide for the acquisition by
purchase, condemnation, or otherwise, of private property which does not conform to the
regulations and restrictions of the various zones or districts provided; to provide for the
administering of this Ordinance; to provide for amendments, supplements, or changes
hereto; all in accordance with an adopted Land Use Plan and Housing Plan as provided in
Public Act 285 110, Public Acts of 1931 of 2006, the Municipal Planning Act, as
amended, being the Michigan Zoning Enabling Act, M.C.L. 125.3101, et seq.
hereinafter referred to as the “Zoning Act”.
DELIBERATION
I move that the amendment to the Preamble of the City of Muskegon Zoning Ordinance,
be recommended to the City Commission for (approval/denial).
7
Hearing; Case 2006-52: Staff initiated request to amend the Section 2501, (Creation and
Membership, paragraph 4) of Article XXV, Zoning Board of Appeals, regarding the
removal of a ZBA member for malfeasance.
BACKGROUND
Once again, this is an amendment to our zoning ordinance in order to bring it into
compliance with the new Michigan Zoning Enabling Act of 2006. In this case, it is
required by the Act that language be included in the ordinance that provides for removal
of Zoning Board of Appeals members for “malfeasance”, rather than just “misconduct”.
The zoning ordinance already addressed nonperformance of duty, so this amendment will
remove “misconduct” and add “malfeasance” as a reason that a ZBA member “shall” be
removed. The removal carries the condition that written charges are made and a public
hearing held.
NEW LANGUAGE
Deletions are crossed out and additions are in bold.
A member shall disqualify himself or herself from a vote in which the member has a
conflict of interest. Failure of a member to disqualify himself or herself from a vote
in which the member has a conflict of interest constitutes malfeasance in office.
Misconduct Malfeasance shall include but not be limited to failure of members to
disqualify themselves from a vote in which that member has a conflict of interest. The
City Commission may shall remove a member of the ZBA for non-performance of duty
or misconduct malfeasance in office, upon written charges and after public hearing.
DELIBERATION
I move that the amendment to Section 2501, (Creation and Membership, paragraph #4)
of Article XXV, (Zoning Board of Appeals), of the City of Muskegon Zoning Ordinance,
be recommended to the City Commission for (approval/denial).
8
Hearing; Case 2006-53: Staff initiated request to amend Section 1201 (Special Land
Uses Permitted, #7) of Article XII (B-3, Central Business District) to allow multiple
family developments with a special land use permit.
BACKGROUND
Our downtown area is developing very quickly and the residential element is becoming
very important to the “new” downtown. Presently, the only residential uses allowed are
those that are part of a building. No newly constructed residential buildings are allowed.
Planning staff believes that multiple family residential uses should be added to the B-3,
Central Business District as a special land use, where the design can be guided by the
Planning Commission. The proposed language is very similar to that used in the H,
Heritage zoning district for multifamily residential uses.
NEW LANGUAGE
Deletions are crossed out and additions are in bold.
New #7
7. Multiple family residential uses of various types and densities. Any new
multiple family construction shall be compatible and/or complementary to
the character of the surrounding area as determined by the Planning
Commission.
DELIBERATION
I move that the amendment to Section 1201, (Special Land Uses Permitted, #7), of
Article XII, (B-3, Central Business District), of the City of Muskegon Zoning Ordinance,
be recommended to the City Commission for (approval/denial).
9
Hearing; Case 2006-54: Staff initiated request to amend Section 1200 (Principal Uses
Permitted, Article XII (B-3, Central Business District) to eliminate the minimum lot
requirements for residential uses.
BACKGROUND
Presently, our zoning requires a minimum lot size of 21,780 sq. ft., which is half an acre,
for residential uses as part of a building in a B-3 zoning district. Considering the size of
most downtown parcels, this requirement seems way too large for a central business
district. Since we have been encouraging more residential downtown, it seems
appropriate to remove this requirement to make residential development as part of a
building easier to accomplish, as well as encourage construction of new residential units.
NEW LANGUAGE
Deletions are crossed out and additions are in bold.
9. Residential uses as part of a building in this business zone shall be allowed upon
issuance of a Certificate of Occupancy from the Department of Inspections., but
provided that the minimum lot requirements of the RM-3 District are met.
DELIBERATION
I move that the amendment to Section 120, (Principal Uses Permitted, #9), of Article
XII, (B-3, Central Business District), of the City of Muskegon Zoning Ordinance, be
recommended to the City Commission for (approval/denial).
10
OLD BUSINESS
Hearing; Case 2006-44: Request for final Planned Unit Development approval for a
mixed use commercial and residential development for the southerly portion of 1266 W.
Sherman Boulevard, the Northerly portion of 1228 W. Sherman, a portion of 1254 W.
Sherman, and a portion of 2495 Barclay Street, by Hazel Churchley, Exit Your Way,
LLC. – Referred back by City Commission for revisions to site plan.
BACKGROUND
Applicant: Hazel Churchley, Exit Your Way, LLC
Property Address/Location: Portions of 1266, 1254, 1228 W. Sherman
Boulevard and a portion of 2495 Barclay Street
Request: Final Planned Unit Development (PUD)
Present Land Use: Vacant
Zoning: R-1, One Family Residential and B-4, General
Business
STAFF OBSERVATIONS
1. The applicant received approval of the Preliminary and Final PUD for this property at
the August Planning Commission meeting.
2. When this request was about to be heard at the City Commission meeting, the
developer asked to have time to revise the site plan and resubmit it to the Planning
Commission for further review. They realized there were concerns from the public
that needed to be addressed, as well as the concerns from the MDEQ. Therefore, the
City Commission voted to send the request back to Planning Commission.
3. The portion of the property along Barclay Street is zoned B-4, General Business. The
remainder of the site is zoned R-1, One Family Residential.
4. The site is approximately 7 acres of property that is proposed to be developed as 20
residential units constructed as duplexes and one single unit model home. The homes
will have basements; some of them along the slope to Ruddiman Creek will have
walk-out basements.
5. Properties to the north and west are zoned R-1, the properties to the east are zoned
RT, Two Family Residential, and B-4. The properties to the south are also zoned B-
4.
6. The site is rather wooded, with a clearing toward the rear along the creek. There is
presently an access road off of Barclay Street that was used during the recent clean-up
of Ruddiman Creek.
7. After key staff met with the developers and architect, some elements were changed
and the site plan was revised to amend several concerns (see 10/26/06 letter from
Westshore Consulting included with this packet). Key elements that were addressed
are as follows:
a. A landscape plan was submitted and is acceptable to the Planning
Department.
11
b. The buildings have been reconfigured somewhat on the site for a couple of
reasons. The space between units 10 and 12 is now approximately 22 feet
to accommodate the City’s Water/Sewer Departments equipment in
maintaining the sanitary sewer drain over the edge of the bank. Each of the
buildings were also staggered somewhat to give a more residential
neighborhood feel, rather than appearing like row houses.
c. All of the previous site plan concerns have been corrected.
8. The Fire Department had their site plan concerns corrected on the site plan.
9. DPW had their concerns addressed, and approved the new site plan.
10. Engineering’s comments are as follows:
a. The developers “need a permit from the DEQ for storm water outlet and
permit from the County for soil erosion control”.
11. No comments have been received by staff at the time of this staff report.
12
Rear of the Sherman Boulevard property near Ruddiman Creek.
View looking north from Van’s Car Wash. Property located on Barclay Street.
Planned Unit Developments
Excerpted from Section 2101: Development Options
1. Planned Unit Development (PUD) Purpose
The purpose of this option is to permit flexibility in the regulation of land
development; encourage innovation in land use and variety in design, layout, and
type of structures constructed; achieve economy and efficiency in the use of land,
natural resources and utilities; encourage provision of useful open space; provide
adequate housing, employment, and shopping opportunities particularly suited to
the needs of the residents of the City of Muskegon and encourage the use, reuse,
and improvement of existing sites and buildings when the uniform regulations
contained in zoning districts do not provide adequate protection and safeguards
for the site or surrounding area.
13
This option is intended to accommodate developments with mixed or varied uses,
to allow some degree of flexibility in the application of standards and regulations
in this Ordinance to achieve innovation to development on sites with unusual
topography or unique settings within the community, or on land which exhibits
difficult or costly development problems, and shall not be allowed where this
option is sought primarily to avoid the imposition of standards and requirements
of zoning classifications rather than to achieve the stated purposes above.
a. Planned Unit Development Regulations, Standards and Requirements
1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written
authorization of all property owners.
2) The application shall meet the criteria established in each specified
zoning district.
b. PUD Review Procedures
1) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD
plan to determine its suitability.
4) The final phase shall require a detailed development plan for any part
of the approved conceptual PUD plan.
c. Standards for Approval of PUD Plans
The Planning Commission shall approve, deny or modify preliminary
PUD plans, based upon the following standards. Likewise, the City
Commission shall approve, deny, or modify final PUD plans (after review
and recommendation by the Planning Commission) based upon the
following standards.
1) The uses proposed will have a beneficial effect, in terms of public
health, safety, welfare, or convenience of any combination thereof, on
present and potential surrounding land uses. The uses proposed will
not adversely affect the public utility and circulation systems,
surrounding properties, or the environment.
2) The uses proposed should be consistent with the land use plans
adopted by the City.
14
3) The amount of open space provided, which the Planning Commission
or City Commission may modify even though such modifications do
not conform to that required in other sections of this ordinance.
4) The amount of off-street parking areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.
5) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.
6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
7) The uses proposed will result in safe, convenient, uncongested and
well defined vehicular and pedestrian circulation systems.
2. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary
phase approval:
a. A general development plan depicting the proposed locations of streets,
parking areas, open spaces, buildings and structures, and their spatial
relationships, the relationship to off-site improvements and infrastructure
and any unusual topographic features.
1) Approval by the Planning Commission of the PUD Preliminary Plan
shall remain in effect for a period not to exceed three (3) years from
the date of approval.
3. Final PUD Plan Submission
The applicant shall submit together with the application for PUD final phase
approval, development plans in sufficient detail and in so far as possible the
specific locations and dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck
docks and service drives;
b. all buildings and structures, elevations and spacial relationships;
c. landscaping, buffers, fences, and protective walls;
d. open space areas and other significant environmental features;
e. existing and final topographic changes;
f. identification and directional signage:
g. a property survey prepared and certified by a licensed land surveyor;
15
4. Amendments to an Approved Final PUD Plan
a. Incidental or minor changes may be approved by the Planning
Commission if the proposed modifications do not alter the basic design or
land uses of the plan.
b. If the Planning Commission determines that the proposed modifications
are significant or major, a public notice and public hearing in accordance
with Section 2332 must be conducted prior to approval or denial.
5. PUD Development Time Limits
a. Construction of the improvements shown on the approved final PUD plan
with all proposed buildings, parking areas, landscaping and infrastructure
must commence within one year of approval by the City Commission.
b. Construction must be continued in a reasonable, diligent manner and be
completed within five (5) years.
c. Said five (5) year period may be extended if applied for in writing by the
petitioner and granted by the City Commission following public notice
and public hearing in accordance with Section 2332 of this ordinance.
Failure to secure an extension shall result in a stoppage of all construction.
STAFF RECOMMENDATION
Staff recommends approval of the request for a final PUD for portions of 1266, 1254, &
1228 W. Sherman Boulevard and 2495 Barclay Street.
DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses and structures and the
consistency with the adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by
reason of increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service
the activity.
4. The proposed site plan complies with section 2331of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
16
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the final PUD for a mixed-use residential and commercial development on
the southerly portion of 1266 W. Sherman Boulevard, the northerly portion of 1228 W.
Sherman Boulevard, and a portion of 1254 W. Sherman Boulevard along with a portion
of 2495 Barclay Street be recommended for (approval/denial) to the City Commission
pursuant to the determination of (compliance/lack of compliance) with the intent of the
City Zoning Ordinance and City Master Land Use Plan, with the following condition:
1. No trees be removed from the site without Zoning Administrator permission.
2. All DEQ permits be obtained.
17
Amended Staff Report
Case 2006-55: Request for Site Plan Review for an industrial building expansion at
1799 Sun Dolphin Drive (Ameriform), by Greg Halonen, DVK Construction.
BACKGROUND
Applicant: Greg Haolnen, DVK Construction
Property Address/Location: 1799 Sun Dolphin Drive
Request: Site Plan Review
Present Land Use: Industrial
Zoning: I-2, General Industrial
STAFF OBSERVATIONS
1. The property is currently the location of Ameriform, who does plastics
manufacturing in Port City Industrial Park.
2. The zoning for this property, as well as the surrounding properties, is I-2, General
Industrial.
3. Ameriform wishes to add a 35,000 sq. ft. addition to their current 21,267 sq. ft.
plant. They currently have 33 employees working 2 shifts. They plan to increase
their employees to 43 operating on 2 shifts.
4. The required parking meets the zoning ordinance requirements. The minimum
parking required is 22, the maximum is 29, and there are 24 spaces provided. The
additional asphalt area would be utilized for truck maneuvering for the loading
docks and outdoor storage.
5. The following items need to be addressed on the site plan for final approval:
a. The address for the property needs to be added to the site plan.
b. Include arrows showing site circulation in the parking area.
c. Show locations of fire lanes. Although a narrow gravel lane is provided
on the east side of the building, Fire Department approval would be
needed for exactly what is required.
6. In addition the Fire Department has the following requirements:
a. Fire flow calculations shall be conducted for the area.
b. The extended fire lane access of 10 foot width shall be a paved surface.
c. The two exit doors at the rear of the building shall have a paved
walkway that shall be kept free of snow during winter months. The
paved walkway shall serve as an emergency employee exit-way access
route to a safe meeting place on the property.
c. The suppression system shall be a full NFPA 13 system with
standpipes on the inside of the building as required by the
18
International Fire Code. FDC for suppression system shall be located so
that it is accessible to the Fire Department.
7. The DPW has the following conditions:
a. Contact Kelly DeFrench regarding fire protection stub connection,,
backflow preventions and connection fees.
8. The Planning Department has the following conditions:
a. The landscape shall be preserved in its natural state, insofar as practical,
by removing only those areas of vegetation or making those alternations to
the topography, which are reasonably necessary to develop the site.
9. Staff has received no comments on the site plan.
19
20
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,
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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.
RECOMMENDATION
Staff recommends approval of the request for site plan approval for an industrial building
expansion at 1799 Sundolphin Drive, subject to the conditions listed below.
DETERMINATION
The following motions are offered for consideration:
I move that the site plan for an industrial building expansion, located at 1799 Sundolphin
Drive for Greg Halonen, DVK Construction, be (approved/denied/tabled), based on the
following findings and conditions (if approved):
1. All requirements addressed in item #5 of the staff report shall be provided as
needed on a revised site plan prior to issuance of a building permit.
2. All conditions of items #6-8 of the staff report are met.
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