Planning Commission Packet 07-15-2021

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                                                       CITY OF MUSKEGON
                                                     PLANNING COMMISSION
                                                       REGULAR MEETING

DATE OF MEETING:                       Thursday, July 15, 2021
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 June 10, 2021.

 III. Public Hearing

  A. Hearing, Case 2021-20: Request for a special use permit to expand a non-conforming structure at
     851 W Laketon Ave, by Terry Puffer.
  B. Hearing, Case 2021-21: Request to rezone the property at 1128 Roberts St from R-1 Single-Family
     Residential Low Density to MC Medical Care, by Fresh Coast Alliance.
  C. Hearing, Case 2021-22: Request for departure from dimensional requirements for a building addition
     at 149 Shoreline Dr, by Muskegon Downtown Believers LLC.
  D. Hearing, Case 2021-23: Request for a Special Use Permit to allow inpatient Recovery Support
     Services contingent upon the approval of the property being rezoned to MC Medical Care, by Fresh
     Coast Alliance.
 IV. New Business
  V. Other
  A. Case 2021-18: Request for an amendment to the Harbour Towne Planned Unit Development to allow
     for a storage container to be placed at 2505 Marina View Point (Dockers).
  B. Updates on previous cases
 VI. Adjourn


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                                                                   calling the following:
                                                                 Ann Meisch, City Clerk
                                                                    933 Terrace Street
                                                                  Muskegon MI 49440




                                                                            1
                                             STAFF REPORT
                                              JULY 15, 2021


Hearing, Case 2021-20: Request for a special use permit to expand a non-conforming structure at 851 W
Laketon Ave, by Terry Puffer.

SUMMARY

   1. The majority of the property is zoned B-4, General Business. The rear portion of the lot is zoned R-2.
   2. The building is used for commercial/office and residential.
   3. The property owner is requesting to add a 24’ x 30’ garage to the front of the building. Please see the
      enclosed site plan.
   4. The current building does not meet the required eight foot minimum side setback. The current
      building is setback less than a foot from the alley. The owner is requesting to continue that same
      setback with the addition.
   5. Non-conforming structures are allowed to be increased no more than 30%. This addition to the non-
      conformity falls well below the 30% threshold.
   6. Notice was sent to applicants within 300 feet of the property. At the time of this writing, staff had not
      received any comments from the public.




                                            351 W Laketon Ave




                                                      2
Zoning Map




Aerial Map




    3
STAFF RECOMMENDATION

Staff recommends approval of the special use permit.

DELIBERATION

I move that the request for a special use permit to expand a non-conforming structure at 851 W Laketon Ave
(approval/denial).




                                                       4
Hearing, Case 2021-21: Request to rezone the property at 1128 Roberts St from R-1 Single-Family
Residential Low Density to MC Medical Care, by Fresh Coast Alliance.
Hearing, Case 2021-23: Request for a Special User Permit to allow inpatient Recovery Support Services
contingent upon the approval of the property being rezoned to MC Medical Care, by Fresh Coast Alliance.

SUMMARY

   1. The property is zoned R-1, Low Density Single Family Residential.
   2. The lot measures 2.3 acres and has an existing building that measures 15,500 feet.
   3. Please see the enclosed attachment from the applicant regarding their current and proposed uses.
      They are currently operating out of a portion of the building for social support and community benefit
      purposes related to the church. They are proposing to use the vacant land on site to develop two
      housing units for inpatient recovery support services.
   4. A small 535 sf addition is proposed to the existing building.
   5. The two proposed housing units would both measure 4,772 sf and include parking lot additions. It
      would also include the addition of a garage. The Muskegon County Drain Commissioner would have
      to approve the stormwater plan for these additions.
   6. Both uses would require a rezoning to Medical Care. Any use that involves lodging of people
      requires a special use permit.
   7. Notice was sent to applicants within 300 feet of the property. At the time of this writing, staff had
      received several emails (enclosed) in support of the project, however, none of them appear to be
      residents of the neighborhood.

                            Existing building on site, north side of property




                               Vacant property on south side of property




                                                     5
Zoning Map




Aerial Map




    6
STAFF RECOMMENDATION

If the property is rezoned, staff recommends approval of the request with the following conditions:
     1. A stormwater permit is obtained from the Muskegon Count Drain Commissioners Office.
     2. The proposed garage is moved to behind the existing building and shares the proposed parking lot of
        the new residential building.
     3. A landscaping plan is approved by staff that includes canopy trees along the terrace of Roberts St and
        Mclaughlin Ave. and all other required landscaping within the front setbacks.
     4. The Fire Marshall approves the location of any necessary hydrants.

DELIBERATION

I move that the request to rezone the property at 1128 Roberts St from R-1 Single-Family Residential Low
Density to MC Medical Care be recommended to the City Commission for (approval/denial).

(Separate public hearings are required for both cases)

I move that the request for a Special User Permit to allow inpatient Recovery Support Services contingent
upon the approval of the property being rezoned to MC Medical Care, be (approved/denied).




                                                         7
Hearing, Case 2021-22: Request for departure from dimensional requirements for a building addition at 149
Shoreline Dr, by Muskegon Downtown Believers LLC.

SUMMARY

   1. The property is zoned Form Based Code, Neighborhood Core.
   2. The applicant is requesting to add an existing diner car to the side of the building that faces Shoreline
      Dr. Please see enclosed site plan and pictures. The diner car would be moved from an existing
      location outside of the City.
   3. This would be considered a “Retail Building” addition according to the code.
   4. The following departures from the “Retail Building” section are as follows:
          a. The building façade is required to be placed at the zero lot line in the front.
          b. Building width at front street shall be built to a minimum of 90% of the overall width of the
              front street property line.
          c. Building shall have a parapet and cornice expression line.
          d. Required 18” to 30” high storefront base.
   5. Notice was sent to applicants within 300 feet of the property. At the time of this writing, staff had not
      received any comments from the public.




                                            Proposed Diner Car




                                                      8
9
STAFF RECOMMENDATION

Staff recommends approval of the request. These departures are minor and cannot be easily modified since it
is an existing building that would be relocated on site.

DELIBERATION

I move that the requested departures for the proposed building addition at 149 Shoreline Dr be
(approved/denied).




                                                    10
Case 2021-18: Request for an amendment to the Harbour Towne Planned Unit Development to allow for a
storage container to be placed at 2505 Marina View Point (Dockers).


*The City Commission requested to bring this case back to the Planning Commission after the applicant
discusses design options with the Harbour Towne Association. At this time, staff does not have an update on
those discussions.

SUMMARY (from last month’s staff report)

   1. The property is part of the Harbour Towne Planned Unit Development (PUD).
   2. A storage building was not part of the original PUD, so it requires an amendment to the PUD.
   3. The container is currently located on site and was being used temporarily during construction. The
      applicant is now in need for permanent storage for the restaurant facility. The applicant is proposing
      to paint the container and add murals to it as well.
   4. The container is larger than 200 sf (320 sf), so the Inspections Department would require a building
      permit for it to become a permanent structure.
   5. Notice was sent to applicants within 300 feet of the property. At the time of this writing, staff had
      received one comment from Chris and Beth Cok, 1466 W Harbour Towne Cir who are opposed to a
      container and would prefer similar construction materials as used in the restaurant building.
   6. Please see the enclosed site plan and rendering.
                         Current Picture of Container. Trailer to be Removed.




                                                    11
Zoning Map




Aerial Map




    12
STAFF RECOMMENDATION

Staff recommends approval of the request as long as the trailer is removed.

DELIBERATION

I move that the request for an amendment to the Harbour Towne Planned Unit Development to allow for a
storage container to be placed at 2505 Marina View Point be recommended to the City Commission for
(approval/denial) with the following condition:

   1. The trailer and any other items stored outdoors are removed.




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