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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, March 14, 2019
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 14, 2019.
III. Public Hearings
a. Hearing, Case 2019-04: Request to rezone the properties at 971 & 975 Washington Ave from
R-2, Single Family Medium Density Residential to Form Based Code, Neighborhood Edge,
by Brett Gilbert.
b. Hearing, Case 2019-05: Staff initiated request to amend the zoning ordinance to allow
research and development as a permitted use in the Downtown and Mainstreet context areas
of the Form Based Code.
c. Hearing, Case 2019-06: Staff initiated request to amend the Single Family Residential section
of the zoning ordinance to clarify that short and long term rentals are not prohibited uses.
d. Hearing, Case 2019-07: Staff initiated request to adopt the amended Master Plan.
IV. New Business
V. Old Business
VI. Other
a. Master Plan Update – Neighborhood Meeting Schedule.
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 Meisch, City Clerk
933 Terrace Street
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
February 14, 2019
Chairperson T. Michalski called the meeting to order at 4:04 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, F. Peterson, S. Gawron, B. Larson, M. Hovey-Wright, E. Hood, J.
Doyle
MEMBERS ABSENT: J. Montgomery-Keast, excused; B. Mazade, excused
STAFF PRESENT: M. Franzak, H. Mitchell
OTHERS PRESENT: J. VanFossen, Harbor West LLC (Mt. Pleasant, MI); D. DeHaan, 3299 Hudson
Trails; T. DeMumbrum, Westshore Consulting; W. VandenBosch, Westshore
Consulting; L. Swenson, 1184 7th; D. Alexander, Downtown Muskegon Now; D.
Kirksey, 1204 W. Western; T. Fricano, 1050 W. Western; D. Dusendang, 3265
Walker Ave.; L. Spataro, 1567 6th; G. Post, 272 W. Clay;
APPROVAL OF MINUTES
A motion to approve the Minutes of the regular Planning Commission meeting of January 10, 2019 was made by
B. Larson, supported by M. Hovey-Wright and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2019-02: Request for preliminary and final Planned Unit Development (PUD) approval for a
mixed-use development at 920, 1000, 1010, 1050 and 1060 W Western Ave. M. Franzak presented the staff
report. The proposed development includes the usage of five parcels on W Western Ave: 920 (City Marina),
1000 (Former City-owned parking lot), 1010 (Bike Path), 1050 (Fricano’s), and 1060 (Bike Path). The zoning of
these parcels are B-2, Convenience & Comparison Business; I-2, General Industrial; LR, Lakefront Recreation
and Form Based Code, Neighborhood Edge. Altogether, the development includes 14.48 acres of land. The PUD
requirements for B-2 Districts state: The intent of Planned Unit Developments in the B-2 Convenience and
Comparison Business Districts is to allow mixed land uses which are compatible to each other, while prohibiting
nonresidential uses which would not be compatible or harmonious with residential dwellings. The PUD
requirements for I-2 Districts state: The intent of Planned Unit Developments in the I-2 General Industrial District
is to allow mixed land uses, which are compatible to each other. The PUD requirements for LR Districts state:
The intent of Planned Unit Developments in the LR Lakefront Recreation Districts is to allow mixed land uses,
which are compatible to each other, while prohibiting nonresidential uses which would not be compatible or
harmonious with lakefront recreation activities, or residential dwellings. The Form Based Code section of the
zoning ordinance allows Specific Development Plans, intended to allow applicants flexibility to address market
conditions and opportunities, including the master planning of large lots exceeding the maximum block
dimensions as outlined in Section 2004, as well as the consolidation of multiple properties to create predictable
and market responsive development for the area. The project calls for 55 single-family detached houses. Phase 1
will include 34 units and Phase 2 will include an additional 21 units. The residential units are 26 feet wide and
setback 10 feet from each other. Units 1 and 10 are a little wider and shaped differently than the rest. Residential
units will consist of the “Schooner” and “Clipper” models, as depicted in the handouts. These will vary between
1, 1.5 and 2.5 story homes. Every home will have a garage. There are six units that will have an extra detached
garage for extra storage. Basements are not possible in this development due to groundwater levels. Other
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improvements to the land include marina upgrades, a new clubhouse, improvements to the greenspace north of
Fricano’s, relocation of Fricano’s lower level parking, bike path relocation, Park improvements and rerouting of
traffic to the boat launch. The current road between the Marina entrance and the boat launch would be removed
and a new road would be located to the west of Fricano’s Place. The new road will provide access to the boat
launch. The boat launch area will lose a few parking spaces just to the east of the boat launch. These will be
replaced along the new road leading into the boat launch. All internal roads will be private. The roads leading to
the marina and boar launch will be public within dedicated easements. No gates are proposed other than to keep
the existing one into the marina. The current bike path would be sold to the developer and used as patio space for
the residential units. The bike path will be relocated just to the north. The chain link fence at the marina would be
removed and replaced with a 4-foot tall wrought iron fence. There are 50 parking spaces located near the club
house. These will serve the club house and as overflow parking for residences. Other overflow lots for
residences will include the two parking lots for Fricano’s. While traditional sidewalks are not incorporated, there
are several concrete pathways that connect the publicly-accessible bike path. The plan exceeds the ordinance
requirements for open public space and landscaping. Any approvals will be contingent upon issuance of a storm
water permit from the Drain Commissioner. Stormwater improvements should eliminate the flooding that occurs
near the current bike path. The applicant will be prosing a temporary holding and treatment process that will leach
into the lake. Plans are still being reviewed by other City departments. Comments will be made available at the
meeting. Phase 1 will include all improvements except for the residential units (and associated internal road)
depicted in Phase 2. Staff recommends approval of the preliminary and final PUD.
B. Larson asked what the relationship was between the developer and the marina and if it would remain a public
marina. M. Franzak stated that it would remain a public marina, but staff is looking at having a management team
for the marina. B. Larson asked if the improvements the developer makes would benefit the marina. F. Peterson
stated that there were some agreements between the City and the developer when it came to shared amenities. T.
Michalski asked about any access the development would have regarding access to boats and used the example if
everyone that would own one of the units had a boat; would there be enough room to accommodate them as well
as those currently with boat slips at the marina. F. Peterson stated that those that currently have boat slips would
keep their slips and should the current slip owners determine they no longer want to keep the one at the marina;
then the condo owners would have first right of refusal. There is a separate marina improvement plan being
developed that changes the way the marina operates and changes the boat sizes but not necessarily increasing the
number of boat slips. T. Michalski asked if the bike path was to be removed or just moved. F. Peterson stated that
the bike path would be moved closer to the water. M. Hovey-Wright asked who would be paying to move the bike
path. F. Peterson stated that there is a cost share agreement that is already in place. He explained some of the
funding sources that may be used.
J. VanFossen gave a brief history of the development company. They had met with the City about two years prior
discussing the possibility of purchasing the parcel as well as the research and history and environmental issues of
the site. Since that time this had gone from developing on about three acres to seven acres due to Mr. Fricano,
adjacent property owner, and his willingness to become a partner in this development. This allowed for the
development of the condos to increase. He is thankful for the City and City staff for their enthusiasm and help
with walking through everything with the DEQ, property easements, etc. over the past couple of years which
helped bring this forward as well as Mr. Fricano who welcomed the project and his willingness to partner with the
project which helped make the project grow. D. DeHaan has become a partner in Harbor West and has been
working on this for nine to ten months now. He went over the narrative that was provided in their proposal and
how the Brownfield is underutilized, and this is an area that would work well with this. He went over the
proposed design and how much fill is required and the zero-step design. He went over the reasons for the designs
of the structures, etc. There proposed design would work demographically and not limit the families that might
reside there. The price ranges are roughly high $300,000 to low $600,000 which includes landscaping. This will
bring 55 families that will be able to enjoy the amenities of the downtown area. Their development will have low
maintenance. The plan will be completed in two phases instead of the original three. He went over the different
designs that are proposed for the different units. They do have some that have an interest already for purchase.
They could not commit until they had the approval for the development. B. Larson had asked where the children
that might live there would attend school and if the applicant had discussed the development with the schools. T.
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Michalski added that the schools would be happy to accept any kids. D. DeHaan stated they had not discussed this
with the schools. Due to the style of the development it would attract those that generally do not have children
living at home. B. Larson and T. Michalski encouraged the developer speak with the schools, so they are aware of
the development as well. B. Larson asked if the developer had any concerns with the fact their development
would be looking at the back of the former Shaw Walker building and how it looks. D. DeHaan stated they had no
concerns about the look of it. T. DeMumbrum and W. VandenBosch from Westshore Consulting discussed the
catch basin design and answered questions in regard to the grade, water retention and runoff. T. DeMumbrum
stated that the Drain Commissioner would also have to approve everything that has to do with runoff and
retention.
L. Swenson had given the board members a flier regarding Adventure Sports from the Boys & Girls Club of the
Muskegon Lakeshore showing different programs for kids and water recreation. She gave an overview of the
program and how there are many kids that live in Muskegon County that had never been in the water. The
program provided kids with different water sport lessons and how water safety. She was glad to know that the
water area at the marina would remain open to the public. D. Alexander stated he and L. Swenson have been in
conversation in how to get more children to the water. He spoke favorably on the proposed development and how
the downtown has been getting developed. M. Hovey-Wright confirmed with the developer that the proposed
structures would be condos due to the low maintenance that is proposed. D. Kirksey was glad to hear that the City
would still own the marina and he had discussed the Muskegon Lake Watershed Group that he is a member of and
the important things to consider when it comes to what can happen to the Great Lakes when it comes to
development and proper water runoff. He asked about the fence being relocated by the bike trail so the marina
would still have security. He wanted to make sure it wasn't being removed. F. Peterson confirmed it was only
being moved and not removed. D. Kirksey was concerned that the catch basin swirl that was being discussed
regarding the development and the storm water. There is a lot of trash that is caught in the area already that ends
up in the lake. T. Fricano stated that he is 100% in support of the project and felt it had been well thought out.
This is a DeHaan home project and he has a website and he is in favor of the request and he is in favor and happy
to be a part of this project.
A motion to close the public hearing was made by B. Larson, supported by E. Hood and unanimously approved.
A motion that the request for preliminary Planned Unit Development (PUD) approval for a mixed-use
development at 920, 1000, 1010, 1050 and 1060 W Western Ave be approved was made by B. Larson, supported
by J. Doyle, and unanimously approved.
A motion that the request for final Planned Unit Development (PUD) approval for a mixed-use development at
920, 1000, 1010, 1050 and 1060 W Western Ave be recommended to the City Commission for approval with the
following conditions: a) The bike path be elevated with culverts to avoid flooding. b) A sidewalk shall be
installed along the new road that leads to the boat launch. c) The bike path shall be constructed to AASHTO
standards for non-motorized trails. d) The pavement between homes on units 8-26 and 40-48 should be reduced
by at least half and replaced with more greenspace and landscaping. e) The public roads shall have a minimum of
4” asphalt over 8” of gravel and the interior private roads shall have a minimum of 3” asphalt over 6” of gravel. f)
Spacing between fire hydrants shall not exceed 500 feet. g) All approvals shall be contingent upon the issuance of
a stormwater permits from the Drain Commissioner’s Office; was made by M. Hovey-Wright, supported by B.
Larson, and unanimously approved.
Hearing, Case 2019-03: Request for several departures from the Form Based Code section of the zoning
ordinance for the proposed residential development at 241 & 245 W Western Ave. M. Franzak present the staff
report. The two parcels are zoned FBC, Mainstreet. Both lots combined have 241 feet of frontage along Western
Ave and have a depth of 60 feet. New 16 feet wide by 60 feet deep parcels will be created. This will create a
density of 45 units per acre. Zero lot line setbacks in the rear will allow garage access from the public parking lot
in the back. The proposed rowhouse development meets the form base code, except for the following regulations,
which will need to receive departures: Two story buildings are required, this development proposes three stores.
Staff prefers the three-story development because of its location on Western Ave. Units are required to be a
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minimum of 18 feet, this development proposes 16 feet widths. Staff finds this acceptable because of the space
created from the additional floor. The code limits the maximum number of attached rowhouses to eight, this
development proposes 15 attached units. Staff prefers this number of units because of the amount of road frontage
on Western Ave, which will allow for more density. The development does not meet all of the requirements of
one the two choices for frontages, including “lightwell” or “stoop.” It meets all of the requirements of the stoop
option, except the stoop will only be raised 5 inches off of grade, rather than the required 18 inches. Please see the
regulations for these on the following pages. The number of windows facing Jefferson St does not meet the
minimum requirement of 10% of the upper story’s facade. This requirement falls just short. Staff recommends
approval of the departures.
D. Dusendang gave an overview of the project. L. Spataro is in favor of the higher density and attraction for
different income levels. He had concerns about the limited retail space downtown and would like to make sure
that there is more space available for this. The higher density creates more people moving downtown so there is a
need for the retail. T. Michalski agreed there is a need for more retail space. G. Post stated that he since he also
resides in the area and had received a letter regarding the request for the departures from the form-based code; the
letter didn’t specify what those departures were and now that he has heard what they are and what they entail; he
is fine with the request. He would like to see that the need for more retail space not be forgotten as more
development happens in the downtown area. D. Alexander stated that he has spoken and is working with retailers.
There is a need for more affordable retail space downtown as the businesses outgrow the chalets; they are unable
to find the middle area for retail space downtown. The next level of retail space is costlier and there needs to be a
middle level of retail space in the downtown area. M. Franzak showed in the form-based code where the
development is outside the area where the retail space is required. He showed the members where the locations
are that the retail is required for development.
A motion to close the public hearing was made by B. Larson, supported by J. Doyle and unanimously approved.
A motion that departures from the Form Based Code section of the zoning ordinance, as proposed, for the
residential development at 241 & 245 W Western Ave be approved and that staff gives final approval on the site
plan with any outstanding issues, was made by J. Doyle, supported by S. Gawron and unanimously approved.
NEW BUSINESS
None.
OLD BUSINESS
None.
OTHER
None.
There being no further business, the meeting was adjourned at 5:24 p.m.
hm
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STAFF REPORT
March 14, 2019
Hearing, Case 2019-04: Request to rezone the properties at 971 & 975 Washington Ave from R-2, Single
Family Medium Density Residential to Form Based Code, Neighborhood Edge, by Brett Gilbert.
SUMMARY
1. Both properties are owned by Brett Gilbert, owner of Fatty Lumpkins at 971 Washington Ave. This
restaurant was approved as a Special Land Use by the Planning Commission in 2009. Mr Gilbert has
since bought the commercial property to the west at 975 Washington Ave and would like to utilize
the existing building as an extension of Fatty Lumpkins. Rather than asking for another Special Land
Use Permit for the new restaurant space, staff encouraged him to apply for a rezoning, which would
allow for the restaurant without a Special Land Use Permit and would also make it easier to develop
the properties if there are any future expansions.
2. Form Based Code, Neighborhood Edge is a common zoning designation for commercial properties in
this area. Please see the zoning maps on the following page.
3. This zoning designation also allows for residential homes as well, in the event the restaurant moves to
another location. Please see the zoning ordinance excerpt on Neighborhood Edge.
4. Both properties meet the minimum size (25’ x 100’) standards for Neighborhood Edge lots. Both lots
are approximately 26’ x 127’.
971 / 975 Washington Ave
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Zoning Map
Form Based Code, Neighborhood Edge Properties
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Aerial Map
STAFF RECOMMENDATION
Staff recommends approval of the rezonings.
DELIBERATION
I move that the request to rezone the properties at 971/975 Washington Ave be recommended to the City
Commission for (approval/denial).
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Hearing, Case 2019-05: Staff initiated request to amend the zoning ordinance to allow research and
development as a permitted use in the Downtown and Mainstreet context areas of the Form Based Code.
SUMMARY
1. The Form Based Code allows for Research & Development in the Neighborhood Core Neighborhood
Edge Context Areas, as long as they are in a mixed-use or flex building type.
2. Staff is proposing to allow Research & Development in the Downtown and Mainstreet Context Areas
because of the low-impact on surrounding uses and possibility of attracting more businesses
downtown.
3. Research & Development refers to the work a business conducts for the innovation, introduction and
improvement of its products and procedures. It is a series of investigative activities to improve
existing products and procedures or to lead to the development of new products and procedures.
4. This use is not nearly as intensive as industrial. Allowing them only in mixed-use and flex buildings
would assure that they are a secondary use of a building and not the main tenant.
STAFF RECOMMENDATION
Staff recommends approval of the amendment.
DELIBERATION
I move that the request to amend the zoning ordinance to allow research and development as a permitted use
in the Downtown and Mainstreet context areas in Mixed-Use and Flex building types be recommended to the
City Commission for (approval/denial).
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Hearing, Case 2019-06: Staff initiated request to amend the Single Family Residential section of the zoning
ordinance to clarify that short- and long-term rentals are not prohibited uses.
SUMMARY
1. The City Commission recently passed a Short-Term Vacation Rental ordinance (enclosed).
2. Some citizens have complained that the City is not following the zoning ordinance because of Section
400.3.h.xiv(5). See Single Family Residential District attachment. They have claimed that rentals are
breaking the rule of prohibiting “lodging services including but not limited to, a tourist home (defined
as a bed and breakfast in the ordinance), motel or hotel.” However, this is located in the home
occupation section, which also states “the business person operating the home occupation shall reside
in the dwelling.” This is not the case with rentals, long or short term, so the City has never
considered rentals as home occupations.
3. To clarify and eliminate any confusion, staff is suggesting to amend the ordinance as follows
(additions in bold):
Home Occupations:
xiv. Activities specifically prohibited (but not limited to) include:
(5) A lodging service including but not limited to, a tourist home, motel
or hotel. This does not include short or long-term rental homes.
STAFF RECOMMENDATION
Staff recommends approval of the amendment.
DELIBERATION
I move that the request to amend the Single Family Residential section of the zoning ordinance to clarify that
short and long term rentals are not prohibited uses, be recommended to the City Commission for
(approval/denial).
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Hearing, Case 2019-07: Staff initiated request to adopt the amended Master Plan.
SUMMARY
1. The proposed Master Plan amendments include the addition of certain properties into the 2008
Downtown & Lakeshore Redevelopment Plan and the addition of the Imagine Muskegon Lake Plan.
2. The Planning Commission recommended the amendments in December of 2018. The City
Commission approved the distribution of the plan to neighboring communities on January 8. The
Planning Commission must now vote on the approval of the plan. The City Commission will also
vote on the adoption of the plan.
DELIBERATION
I move that the request to adopt the revised Master Plan as presented be (approved/denied).
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