Planning Commission Packet 01-14-2016

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                                                       CITY OF MUSKEGON
                                                     PLANNING COMMISSION
                                                       REGULAR MEETING

DATE OF MEETING:                       Thursday, January 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 December 10, 2015.

 III. Public Hearings

 IV. New Business
    A. Hearing, Case 2016-01: Request to vacate the remainder of the 16 ft. wide alley in Block 14 of
       Continental Addition, north of Keating and South of vacated Nims (east of Vulcan (vacated) and
       west of Roberts Street).
    B. Hearing, Case 2016-02: Staff initiated request to amend the Master Land Use Plan to remove all
       references to Fisherman’s Landing.

  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
                                           SPECIAL MEETING
                                               MINUTES

                                             December 10, 2015

Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.

MEMBERS PRESENT:              T. Michalski, B. Mazade, J. Doyle, L. Spataro, B. Larson, J. Montgomery-
                              Keast, B. Smith, S. Gawron, F. Peterson

MEMBERS ABSENT:

STAFF PRESENT:                M. Franzak, D. Renkenberger

OTHERS PRESENT:               J. Williams,

APPROVAL OF MINUTES
A motion that the minutes of the special meeting of November 12, 2015 be approved, was made by J.
Montgomery-Keast, supported by B. Larson and unanimously approved.


PUBLIC HEARINGS
Case 2015-23: Request for a site plan review for the construction of an additional six apartment buildings at
816 Marquette Ave, by James Williams. M. Franzak presented the staff report. This property was recently
rezoned from R-1, Single Family Residential to RM-1 Low Density Multiple Family Residential. It was
owned by the City and sold to James Williams, owner and developer of the townhomes adjacent to this
property at 860 Marquette Ave. This project will be a continuation of the current apartment complex and
will also include an office building. The new parcel is 6.14 acres and the existing complex is 1.91 acres.
The applicant plans to start construction with unit E and work east over the next several years. The new
asphalt drive to building E will loop around to the existing parking area around building A as part of the first
phase for access. The plan shows the general layout of the buildings but is missing a lot of information. The
developer will be working to get the following shown on a new set of plans in time for the meeting: height
and square footage of buildings, elevation pictures of buildings, topography map with grading plan,
stormwater plan with calculations, soil erosion control measures, lighting and a landscaping plan. The Fire
Department has noted that another fire hydrant may be required. They also have some concerns with access
near buildings I and J, but feel they can work with the applicant before those units are built. They have
requested that any approval be contingent upon the Fire Department approving a fire access route and
hydrant additions. Many large oak trees have already been removed to make way for development.
Oftentimes trees are required to remain or be replaced. These oak trees could be replaced on the
undeveloped east side of the property. There is no sidewalk on either side of the street on Getty Street. The
property leads down the ravine and back up to property in Muskegon Township to the north. Dumpsters
must be screened.

M. Franzak stated that he received updated plans today that appeared to address most of the issues listed in
the staff report. He reiterated that any approval would need to be contingent upon further fire department
review and approval once they started building the later units, as stated in the staff report. He requested that
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conditions also include that all parking lot lighting must be 100% cut-off and downward facing. Regarding
sidewalks, M. Franzak stated that there was an existing sidewalk on Marquette, but he did not think one
would be needed on Getty St., since there was just a wooded ravine north of the property.

A motion that the site plan for the addition of six townhomes be at 816 Marquette Avenue be approved with
the conditions that 1) The Fire Department reviews and approves an access plan prior to the construction of
units I and J, and 2) All parking lot lighting must be 100 cut-off and downward facing, was made by B.
Larson, supported by J. Montgomery-Keast and unanimously approved, with T. Michalski, B. Mazade, J.
Doyle, L. Spataro, B. Larson, J. Montgomery-Keast, B. Smith, S. Gawron, and F. Peterson voting aye.

Case 2015-19 (Tabled from October): Request for a site plan review for an 11,099 square-foot building
addition at 1690 Creston St, by Production Fabricators. M. Franzak presented the staff report. This case was
originally heard at the October meeting; it was tabled so the applicant could address some issues with the site
plan. The City of Muskegon owns the property at 1690 Creston, adjacent to Production Fabricators which is
located in Muskegon Township. The City is selling a portion of its parcel to Production Fabricators to
expand their business. The remainder of the city parcel will continue to be used by Muskegon Central
Dispatch. A rendering of the proposed lot split was provided. The lot meets the minimum requirement of
100 feet of road frontage; however, a 60-foot easement is proposed to allow Production Fabricators access to
their loading dock. This only leaves 40 feet of buildable area along Creston St for any future development
on the city-owned lot. In addition, staff and board members had expressed concerns about stormwater
management on the lot.
An updated site plan was provided, which addressed the concerns brought up at the previous meeting. M.
Franzak stated that the Fire Department condition that “the original building and the addition are suppressed
with sprinkling” should be included if the board made a motion to approve. He also discussed the remaining
lot size of the City-owned parcel. He stated that it must have 100 feet of frontage, but the easement for
loading would limit the usable area. B. Larson asked if the lot had any value with or without the easement.
M. Franzak stated that the lot could be used but it would require a long driveway and building toward the
rear of the property. He stated that it was not available for development at this time due to the Central
Dispatch equipment on site. B. Mazade asked if the issues regarding the retention basin were resolved. M.
Franzak stated that they were; some of the stormwater would remain on the City lot and they had approved of
that, since some of the runoff would be from pavement on their lot. B. Mazade asked if the building in the
Township was sprinkled. M. Franzak stated that he had been working closely with the Township Fire
Inspector on those issues and they are in agreement. J. Montgomery-Keast asked if Central Dispatch
approved of the revised plan. M. Franzak stated that he had sent them the current information and they had
not indicated any problems.

A motion that the site plan for the building addition at 1690 Creston Street be approved, contingent upon the
sale of the property, with the conditions that 1) The original building and the addition are suppressed with
sprinkling, 2) The applicant is responsible for the cost of moving all utilities, and 3) An updated site plan is
approved by staff, showing a drainage plan with all stormwater being stored on site and the type of parking
lot material listed, was made by J. Montgomery-Keast, supported by S. Gawron and approved, with T.
Michalski, B. Mazade, J. Doyle, L. Spataro, B. Larson, J. Montgomery-Keast, B. Smith, S. Gawron, and F.
Peterson voting aye.




                                                       3
NEW BUSINESS

None

OLD BUSINESS

None

OTHER

None


There being no further business, the meeting was adjourned at 4:18 p.m.




                                                     4
                                              STAFF REPORT
                                              January 14, 2016

Hearing, Case 2016-01: Request to vacate the remainder of the 16 ft. wide alley in Block 14 of Continental
Addition, north of Keating and South of vacated Nims (east of Vulcan (vacated) and west of Roberts Street).

BACKGROUND

   1. In 2014, Newkirk Electric petitioned to have Nims St, Vulcan St and the alley between Brunswick St
      and Vulcan St vacated. The request was approved by Planning Commission and City Commission.
      In order to utilize the areas that were once publicly owned, they had to replat the area through Circuit
      Court. During the replatting process, it came to the attention of the State that there is still an alley on
      the books between the vacated Vulcan St and Roberts St, even though there is not a physical alley
      there. This “paper alley” is located on the parking lot of Lorin Industries. In order to complete the
      replatting process, Lorin Industries has petitioned to vacate this alley and they will join Newkirk
      Electric in their suit to replat the block.




                        Paper Alley between Vulcan St (vacated) and Roberts St




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                                               Aerial Map
                            Recently vacated Nims St, Vulcan St and Alley in red
                                       Proposed vacated alley in blue




DELIBERATION
I move that the vacation of the remainder of the 16 ft. wide alley in Block 14 of Continental Addition, north
of Keating and South of vacated Nims (east of Vulcan (vacated) and west of Roberts Street) be
recommended to City Commission for (approval/denial).




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Hearing, Case 2016-02: Staff initiated request to amend the Master Land Use Plan to remove all references
to Fisherman’s Landing.


BACKGROUND

Staff is recommending to take out all references of Fisherman’s Landing in the Master Plan so that we may
keep our options open in the event we swap land in the future. Not having any mention of it in the Master
Plan will make it an easier transition.

In September 2015, Planning Commission started the amendment process by granting approval to make the
amendments. Then in October, City Commission approved to distribute the proposed amended Master Plan
to all of the regional entities. They were given 42 days to comment on the amendments. Staff did not
receive any comments during this time. The final step in the process is to have Planning Commission hold a
public hearing on the amendment and it must pass with at least a 2/3rds vote.

Fisherman’s Landing is mentioned in the following areas:

Page 5.4
7. Large field and marsh, Northeast of Fisherman's Landing
Page 5.20
Other specific areas where habitat improvement with native species are recommended include public launch
sites, especially the Grand Trunk, Fisherman's Landing, and Hartshorn Marina sites. In areas such as
Fisherman's Landing, planting areas with trees and other cover will serve as aesthetic breaks from railroad
or industrial properties.

Woodlands and Trees
Develop and implement a plan to increase habitat and native vegetation for disturbed areas which have been
filled or impacted. The plan should include tree planting recommendations for areas along Muskegon Lake,
such as Fisherman's Landing and the public launch site near the Grand Trunk Railroad dock.

Muskegon Lake and Lakeshore
Several parcels of land along the lake, especially these eight Natural Areas identified by Day & Associates,
Inc., should be preserved. Preservation can be accomplished through zoning, and/or actual acquisition of the
land. Preservation and enhancement can be in concert with development when done correctly, so one does
not preclude the other. However, some areas such as the former Pigeon Hill area, Cottage Grove shoreline
area, and Old Field Community northeast of Fisherman's Landing are areas where conservation and passive
recreational usage is recommended.
Page 7.3
Fisherman’s Landing (paving, landscaping)

Page 7.4
Major Parks
Major parks serve the City, region, and outlying areas. Major parks include Fisherman's Landing
(sportfishing/ tourism industry), McGraft Park (large improved and natural areas), Pere Marquette Park
(northernmost point along a 2.5 mile long City owned segment of Lake Michigan shoreline), Bronson Park
(dune system,sandy beach, picnic facilities).
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Page 7.6
Special Facilities
The City provides a limited number of facilities geared toward the handicapped or elderly. Senior citizens
use the community buildings at McGraft and Smith-Ryerson parks, and the shuffleboard complex at McGraft
Park. Barrier free facilities are provided at Fisherman's Landing (wheelchair lift at boat launch), Bronson
Park (Lake Michigan access), and Heritage Landing (pathways, play structure, Muskegon Lake overlook,
fishing area, and paved parking). Additional and augmented barrier free facilities will be included in future
recreational and park development and redevelopment efforts.
Page 11.38
The southern one-half of the sub-area is comprised of strip commercial, industrial, undeveloped sites (due in
large part to their wetland character), and Fisherman’s Landing (a public boat launching site).

Page 12.2
Fisherman's Landing Marine/ Recreational Area
Page 12.5
The site occupied by the waterfront aggregate operation could, if located elsewhere along the waterfront (see
Fisherman's Landing Marine/Recreational Area), be developed for mixed use residential, recreational or
marina uses.

Fisherman's Landing Marine/Recreation Area
This area presents opportunities for additional public and private boat launching facilities; private marina and
boat storage facilities consistent with nearby public uses; and public recreational facilities such as
boardwalks and a nature interpretive center. Commercial properties along Western Avenue can provide for
marine oriented convenience retail and service uses. Such uses might include bait and tackle shops, boat sales
and service facilities, general sporting goods sales, and a party store. Because of the area's proximity to the
Consumers Power power plant, its northern most portion might accommodate a maritime use dependent upon
location on the waterfront, such as a tug/barge facility, aggregate facility, or other similar use.


Fisherman’s Landing is also mentioned in the 2008 Downtown & Waterfront Redevelopment Plan, which
was adopted as part of the Master Plan. It is mentioned in the following places:
Page 15
Objective 1: Achieve within the downtown core a strong central focus concentrating efforts first in the area
bounded by 5th, Webster, Terrace and the lakeshore, expanding to eventually include Hartshorn Center on
the west to Fisherman’s Landing on the east.
Page 17
Remove fences at Fisherman’s Landing.
Community Charrette notes
Children go up bike trail & swim in river by power plant. Make Fisherman’s Landing more welcoming to
area residents. Take down fences along bike path.
Take down fences @ Fisherman’s Landing
Crossing @ shoreline from Fisherman’s Landing to City Hall
Improve Fisherman’s Landing

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MOTION FOR CONSIDERATION
I move that the proposed amendments to the City of Muskegon’s Comprehensive Master Land Use Plan be
(approved/denied) as presented.




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