Planning Commission Packet 03-15-2018

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                                                       CITY OF MUSKEGON
                                                     PLANNING COMMISSION
                                                       REGULAR MEETING

DATE OF MEETING:                       Thursday, March 15, 2018
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 special meeting of February 15, 2018.
 III. Public Hearings
           a. Hearing, Case 2018-06: Request to amend the Planned Unit Development at 1161 W
              Southern Ave to demo a portion of the building and to expand the parking lot, by Avasure
              Properties, LLC.
           b. Hearing, Case 2018-07: Request for a Special Use Permit to allow the conversion of the first
              floor commercial space to be utilized as another residential unit in an R-2, Medium Density
              Single Family Residential District at 1736 Beidler St.
           c. Hearing, Case 2018-08: Request to amend the Planned Unit Development at 1670 E Sherman
              Blvd to utilize the building as a medical office that provides urgent care, occupational
              medicine and radiology, by Mercy Health Partners.
        d. Hearing, Case 2018-09: Staff-initiated request to rezone 1814 Dyson St, 1824 Dyson St, 1831
           Dyson St and 1828 Jarman St from B-2, Convenience and Comparison Business District to R-
           2, Medium Density Single Family Residential District. Also to rezone 1813 Dyson St from R-
           1, Low Density Single Family Residential District to R-2, Medium Dentistry Residential
           District. Also to rezone 1808 McIlwrath St, 1814 McIlwrath St, and 1825 Jarman St from B-4,
           General Business District to R-2, Medium Density Single Family Residential District.
 IV. New Business
  V. Old Business
         a. Hearing, Case 2017-33: Staff-initiated request to amend Section 2321 of the zoning ordinance
            to expand the overlay district and allow Wireless Communication Service Facilities at 1800
            Peck St (Marsh Field) and 2375 Beach St (Water Filtration Plant).
 VI. Other
         a. The Imagine Muskegon Lake plan will be presented to the City Commission at their March 27
            meeting.
 VII. Adjourn

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                                                              writing or calling the following:
                                                                  Ann Meisch, 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



                                                                           1
                                            STAFF REPORT
                                          FEBRUARY 15, 2018

Hearing, Case 2018-06: Request to amend the Planned Unit Development at 1161 W Southern Ave to
demo a portion of the building and to expand the parking lot, by Avasure Properties, LLC.


SUMMARY
   1. The property is zoned R-1, Low Density Single Family Residential; however, a PUD to allow
      office/research and development was approved in 2017.
   2. The approved PUD included the usage of the former school gymnasium and 57 parking spaces. This
      request is to demo the gymnasium and to add parking in different phases, as needed. They are also
      planning to move the playground at the corner of Southern/Davis to behind the southern portion of
      the building. An urban garden will be located just to the east of the new playground. Staff is
      currently in the process of approving the relocation of the playground and the addition of the urban
      farm, both of which do not require any board approval.
   3. The dumpster and generator on the east side of the building appear to be fenced, but the plan must
      show that it is screened and at least 5 feet tall.
   4. There is an existing parking lot east of the current gymnasium. The plan shows a few different
      parking options, with some listed as future parking. After discussions with the applicant, it appears
      that the plan does not properly depict what they are requesting. They are requesting to keep a portion
      of the parking lot near the corner of Southern/Barclay (33 spaces). The area where the gymnasium
      currently stands will be seeded for grass after demo. An access drive to the building will be
      maintained to the south of the new grass area. They are requesting a total of 93 spaces when the
      building is fully occupied. Staff believes there may be a more efficient way to design the future
      parking and there also needs to be more detail on stormwater management. Staff is asking the
      Planning Commission to recommend approval of the gymnasium demo and the reconfiguration of the
      parking lot for 33 spaces. Also to approve the addition of up to 93 parking spaces on site, as long as
      each phase is reviewed and approved by staff.
   5. Notice was sent to all property owners/tenants within 300 feet of this property. At the time of this
      writing, staff has not received any comments from the public.


 Looking south at gymnasium to be demolished and seeded. Parking lot to remain pictured in front.




                                                     2
Playground to be moved. Avasure to purchase City-owned lot after relocation.




     Location of new urban farm and playground (south of the building).




                                   3
                                             Zoning Map




                                             Aerial Map
Red – Avasure property
Blue – City owned property for playground.   Avasure will purchase this lot from the City after the
playground is moved.




                                                4
STAFF RECOMMENDATION

Staff recommends approval of the demo and parking lot plan with the ability for staff to review each new
parking lot phase, up to 93 spaces.

MOTION FOR CONSIDERATION
I move that the request to amend the Planned Unit Development at 1161 W Southern Ave to demo a portion
of the building and to expand the parking lot, be recommended to the City Commission for (approval/denial)
with the following condition:
    1. Staff may review future parking expansions with the ability to provide up to 93 parking spaces.




                                                    5
Hearing, Case 2018-07: Request for a Special Land Use Permit to allow the conversion of the first floor
commercial space into another residential unit in an R-2, Medium Density Single Family Residential District
at 1736 Beidler St.

SUMMARY
1. The property is zoned R-2, Medium Density Single Family Residential.
2. The building is a mixed-use type, with an apartment above a retail spaces.
3. The retail space has been vacant for many years. Its location and condition ensure that it will remain
   difficult to attract any commercial investors. It is located almost 400 feet away from Laketon Ave and is
   not visible from any major streets. The building to the east and the building across the street are the same
   type mixed-use buildings and they have also had issues attracting commercial businesses.
4. The applicant is requesting to utilize the commercial space as an additional apartment. Staff agrees that
   the space would be better utilized as an apartment, rather than to continue to sit vacant and become
   obsolete and blighted. Staff initially looked into a rezoning to RT, Two Family Residential, but felt that
   was not the appropriate route, since the parcel is in the middle of a single family residential district. If
   the existing building were to be destroyed, the RT designation would allow a duplex to be built as a
   replacement, which does not fit with the rest of the neighborhood.
5. The ordinance allows previously existing or established commercial uses not already converted to
   residential to be used for limited business purposes with a special use permit (see zoning excerpt below).
   All of these allowed business uses are considered more intrusive to a neighborhood than an additional
   apartment, so staff has interpreted the ordinance to allow less intensive (residential) uses with a special
   use permit as well. This will also ensure that in the event of a disaster, the property could only be
   redeveloped into a single family residence, which fits in with the neighborhood.
6. Apartments require two parking spaces per unit. There is a two stall garage on site and room for two
   more cars in the driveway. The terrace is also paved in front of the building along Beidler St and Larch
   Ave, which allows for another four parking spaces.
7. Notice was sent to all property owners/tenants within 300 feet of this property. At the time of this
   writing, staff has received one comment. Pat Bogner, owner of Wayne’s Deli, stated that she has no
   objection to the request as long as adequate parking is provided.

ZONING ORDINANCE EXCERPT
Single Family Residential Districts
Section 401: Special Land Uses Permitted:

   6. Previously existing or established commercial uses not already converted to a residential use may be
      authorized under Special Use Permit for the following [amended 12/99]:

       a. Retail and/or service establishments meeting the intent of the neighborhood Limited
             Business Zone (B-1) dealing directly with consumers including:
                i.   Any generally recognized retail business which supplies new commodities on the
                     premises for persons residing in adjacent residential areas such as: groceries, meats,
                     dairy products, baked goods or other foods, drugs, dry goods, and notions or hardware.

                ii.   Any personal service establishment which performs services on the premises for
                      persons residing in adjacent residential areas, such as: shoe repair, drop-off dry
                      cleaning shops, tailor shops, beauty parlors, barber shops, dressmaker, tailor,
                      pharmacist, or an establishment doing radio, television, or home appliance repair, and
                      similar establishments that require a retail character no more objectionable than the
                      aforementioned, subject to the provision that no more than five (5) persons shall be
                      employed at any time in the sale, repair, or other processing of goods.
                                                      6
      iii.   Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects,
             engineers, accountants, and similar or allied professions.

      iv.    Restaurants, or other places serving food, except drive-in or drive-through restaurants.

b.   Prohibited uses: Activities specifically prohibited include repair or service of motor vehicles
     and other large equipment; manufacturing processes which would normally require industrial
     zoning; any activity which may become a nuisance due to noise, unsightliness or odor; and
     any activity which may adversely affect surrounding property.


         1736 Beidler. Curb cuts and paved           Looking north from Larch Ave. Garage
                  terrace in front                   pictured to the right. Curb cuts and paved
                                                     terrace along building.




                                       Zoning Map




                                             7
                                                 Aerial Map




STAFF RECOMMENDATION

Staff recommends approval of the Special Land Use Permit to allow the vacant commercial space to be
converted into an additional apartment. This would allow for reinvestment of the property, while still limiting
future uses in the event of a disaster.

MOTION FOR CONSIDERATION

I move that the request for a Special Land Use Permit to allow the conversion of the first floor commercial
space into another residential unit in an R-2, Medium Density Single Family Residential District at 1736
Beidler St. be (approved/denied).




                                                      8
Hearing, Case 2018-08: Request to amend the Planned Unit Development at 1670 E Sherman Blvd to
utilize the building as a medical office that provides urgent care, occupational medicine and radiology, by
Mercy Health Partners.

SUMMARY

   1. The property is part of the PUD that was approved for retail. The building was formerly an Old
      Country Buffet and then briefly a Chinese buffet.
   2. The applicant is requesting to utilize the building for medical uses, specifically for urgent care,
      occupational medicine and radiology. The PUD must be amended to allow this type of use in this
      location of the plan.
   3. There is adequate parking at the entire development to support this type of use.
   4. Staff recommends that traffic improvements be made where the traffic lane intersects the drive-thru at
      Panera Bread. Customers exiting the drive-thru often conflict with the cars driving east towards the
      exit. Staff observed several near crashes at this intersection, which will only become more dangerous
      once the building at 1670 E Sherman is reutilized. More details are needed, but staff recommends
      either a stop sign in the eastbound travel lane or a curb that would direct drive-thru customers east
      after receiving their food.
   5. Notice was sent to all property owners/tenants within 300 feet of this property. At the time of this
      writing, staff had not received any comments from the public.


               1670 E Sherman Blvd looking southwest from the parking lot traffic lane




                                                     9
Driving west towards Panera Bread (front) and Driving east towards 1670 E Sherman from
1670 E Sherman (back)                         Panera Bread




Driving west towards Panera Bread from 1670 E Trash gates impeding vision near intersection
Sherman




Panera Bread     drive-thru   intersection   from Drive-thru intersection leaving Panera Bread
traveling lane




                                                 10
Aerial of intersection. Please note that this is an old picture and the traffic lane has been modified.
Note the new traffic lane and landscaping islands on the previous pictures.




                                             Zoning Map




                                                  11
                                                 Aerial Map




STAFF RECOMMENDATION

Staff recommends approval of the request to use the parcel for medical. This building has been vacant for
many years and some of the other suites in this development have had difficulties attracting retail businesses.
The influx of people to the area from the medical use should result in higher traffic numbers to the nearby
businesses. However, any approvals should be contingent upon a new traffic pattern being approved by staff.

MOTION FOR CONSIDERATION

I move that the request to amend the Planned Unit Development at 1670 E Sherman Blvd to utilize the
building as a medical office that provides urgent care, occupational medicine and radiology, by Mercy Health
Partners, be recommended to the City Commission for (approval/denial).




                                                      12
Hearing, Case 2018-09: Staff-initiated request to rezone 1814 Dyson St, 1824 Dyson St, 1831 Dyson St
and 1828 Jarman St from B-2, Convenience and Comparison Business District to R-2, Medium Density
Single Family Residential District. Also to rezone 1813 Dyson St from R-1, Low Density Single Family
Residential District to R-2, Medium Dentistry Residential District. Also to rezone 1808 McIlwrath St, 1814
McIlwrath St, and 1825 Jarman St from B-4, General Business District to R-2, Medium Density Single
Family Residential District.

SUMMARY

   1. The Muskegon County Land Bank owns the home at 1814 Dyson St, which is improperly zoned for
      business uses. They have requested a rezoning to residential so that they can use grant funding to
      demo the house. Staff also noted several other properties in the area that appear to be improperly
      zoned. All of these properties are either used as residential homes or are vacant residential lots.
      Having them zoned as business can make it difficult the home difficult to sell, refinance or rebuild in
      the event of a disaster.
   2. Notice was sent to all property owners/tenants within 300 feet of all of these properties. At the time
      of this writing, staff had received several calls from neighbors who had questions about the
      rezoning’s, but were all in favor after discussions.


                                        Properties to be Rezoned




                                                    13
1824 Dyson          1814 Dyson




1828 Jarman         1831 Dyson




1825 Jarman        1814 McIlwrath




              14
                   1808 McIlwrath                                            1813 Dyson




STAFF RECOMMENDATION

Staff recommends approval of the rezonings so that the current uses are reflected with the proper zoning.


MOTION FOR CONSIDERATION
I move that the request to rezone 1814 Dyson St, 1824 Dyson St, 1831 Dyson St and 1828 Jarman St from B-
2, Convenience and Comparison Business District to R-2, Medium Density Single Family Residential
District. Also to rezone 1813 Dyson St from R-1, Low Density Single Family Residential District to R-2,
Medium Dentistry Residential District. Also to rezone 1808 McIlwrath St, 1814 McIlwrath St, and 1825
Jarman St from B-4, General Business District to R-2, Medium Density Single Family Residential District,
be recommended to the City Commission for (approval/denial).




                                                     15
PREVIOUSLY TABLED ITEM
Hearing, Case 2017-33: Staff-initiated request to amend Section 2321 of the zoning ordinance to expand
the overlay district and allow Wireless Communication Service Facilities at 1800 Peck St (Marsh Field) and
2375 Beach St (Water Filtration Plant).
SUMMARY
   1. Cell phone towers are regulated by Section 2321 (Wireless Communication Service Facilities) of the
      zoning ordinance. Please see the enclosed ordinance excerpt.
   2. An overlay district allows these facilities in four different locations in the City. Please see the map on
      the following pages.
   3. Staff is requesting to expand the overlay district with two new locations, one at Marsh Field and the
      other behind the Water Filtration Plant. This would be to increase cell phone coverage throughout the
      City. This request is just to expand the overlay district and allow companies to apply for a Special
      Land Use Permit to construct a new facility.
   4. There were some concerns from citizens at the December Planning Commission meeting about the
      Water Filtration location. They recommended that the proposed location be moved 200 feet to the
      south along the bike path. Staff has prepared that as Option 2 on the aerial map. Option 1 would be
      in the area inside the Water Filtration parcel where there are already two existing antennas.
   5. If Option 1 is selected, the existing antennas could be relocated onto the new facility. It may not be
      possible to relocate them to Option 2 because of the cost laying new wires.
   6. Staff sent out a second notice letter to everyone within 300 feet of the Water Filtration Plant. At the
      time of this writing, staff had received calls from Susan Newton at 3444 Keaton Ct and Herb Hooker
      at 3443 Keaton Ct, who were both in favor of Option 1 so that they would only have to see one cell
      tower poll instead of two antennas.

                                           Marsh Field Location




                                                      16
Water Filtration Location




           17
STAFF RECOMMENDATION

Staff recommends approval of the ordinance amendment with Option 1 for the Water Filtration Plant site.


MOTION FOR CONSIDERATION
I move that the request to amend Section 2321 of the zoning ordinance to expand the overlay district for
Wireless Communication Support Facilities be recommended to the City Commission for (approval/denial),
with Option 1 being the recommended choice for the Water Filtration Plant site.




                                                    18

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