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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, September 15, 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 July 14, 2016.
III. Public Hearings
A. Hearing, Case 2016-12: Request to rezone the properties at 307 & 313 W Laketon Ave from I-2,
General Industrial to B-4, General Business.
IV. New Business
A. Case 2016-13: Request for a site plan review for an addition to the building at 1885 E Laketon Ave,
by Forming Technologies.
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
REGULAR MEETING
MINUTES
July 14, 2016
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, J. Doyle, F. Peterson, B. Larson, E. Hood, J. Montgomery-Keast,
B. Mazade
MEMBERS ABSENT: S. Gawron, B. Smith, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: None
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of June 16, 2016 be approved, was made by J. Doyle,
supported by J. Montgomery-Keast and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2016-10: Staff-initiated request to create a new zoning district, Lakefront Recreation &
Residential PUD district. M. Franzak stated that he wished to table this case until further notice.
A motion to table this case was made by B. Larson, supported by E. Hood and unanimously approved, with
T. Michalski, J. Doyle, F. Peterson, B. Larson, E. Hood, and J. Montgomery-Keast voting aye.
NEW BUSINESS
Staff-initiated request to approve the 2016 Capital Improvements Plan. A copy of the 2016-2021
Capital Improvements Plan was provided to board members. Projects included in the document are
considered to be flexible and changeable depending on the status of the City’s finances and the need for
unexpected investments. This document is updated and adopted annually by the City of Muskegon Planning
Commission.
M. Franzak explained the process of coming up with the Capital Improvements Plan. It was a fluid
document that listed possible improvements for the next six years. Staff and board members discussed the
plan.
A motion to approve the 2016-2021 Capital Improvements Plan as presented was made by B. Larson,
supported by F. Peterson and unanimously approved, with T. Michalski, J. Doyle, F. Peterson, B. Larson, E.
Hood, and J. Montgomery-Keast voting aye.
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B. Mazade arrived at 4:05 p.m.
OLD BUSINESS
None
OTHER
Former Amoco Site Report – M. Franzak discussed the status of the former Amoco tank farm property on
Lakeshore Drive near Laketon Avenue. It was an encumbered site, meaning the DNR had placed restrictions
on what could be done there, due to past contamination. The current goal was to clean up the contamination
and cap it. T. Michalski asked if the DNR kept track of the contamination. M. Franzak stated that he wasn’t
sure, but there were several monitoring wells on the site.
There being no further business, the meeting was adjourned at 4:20 p.m.
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STAFF REPORT
September 15, 2016
Hearing, Case 2016-12: Request to rezone the properties at 307 & 313 W Laketon Ave from I-2, General
Industrial to B-4, General Business.
BACKGROUND
1. The properties are currently zoned I-2, General Industrial. They were previously the location of the
former bar, Time Out Lounge, which went out of business several years ago. The properties have
been zoned industrial even prior to 1986 (a major year for rezonings) and the bar operated as a legal
non-conforming use.
2. The new owner would like to operate a banquet/rental hall. This type of use is allowed in B-2,
Convenience & Comparison Business districts and B-4, General Business districts. These properties
are better fitted as a B-4 district rather than a B-2 district because of its location on a major street and
also because of the proximity to other B-4 districts adjacent to these properties. Please see the
enclosed ordinance excerpt for allowed uses in B-4 districts.
3. The properties to the north and the west are zoned B-4, General Business and the properties to the
south and the east are zoned I-2, General Industrial.
4. Given the historical use of the property and the functionality of the current building on site, staff
recommends rezoning of the properties regardless of the request for a banquet/rental hall. Since the
building has been vacant for more than two years, it has lost its legal non-conforming status to
operate as a bar again. Also, any conversion to retail would also require a rezoning to a business
district. Staff also feels this is a good location from a banquet hall, since it has several buffers
between it and residential districts. This request follows the guidelines of the master plan to provide
buffer zones between industrial, commercial and residential zones. The property also has more than
adequate parking for uses allowed in B-4 districts, with about 40 spaces on site.
5. B-4, General Business districts have a minimum lot requirement of 10,890 sf and must have at least
100’ of road frontage. The property at 313 W Laketon Ave measures 76’ x 104’ for a total of 7,904
sf. and has 76’ of road frontage. The property at 307 W Laketon Ave is an L shaped lot with 57’ of
frontage on Laketon Ave and has a total of 12,196 sf. Separately, neither meet the requirements for a
B-4 lot, but together they do. Combined, the properties measure 133’(on Laketon Ave) x 152, for a
total of 20,216 sf (0.48 acres). Staff recommends that any approval of rezoning is contingent upon
the lots being combined.
6. Notice letters were sent to properties within 300 ft of this property. At the time of this writing, staff
has not received any comments from the public.
7. Please note that staff had previously reported by email that a Special Use Permit would be necessary
to operate a banquet hall. However, we have since discovered that it is not necessary. There is an
error in the zoning ordinance that we will soon request to have amended. The ordinance states that
banquet halls require a Special Use Permit in B-4 districts, but are allowed as a use by right in B-2
districts. The ordinance also states that all B-2 uses allowed by right are allowed by right in B-4
districts.
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307 & 313 W Laketon Ave looking south from Laketon Ave
Looking north from back of the lot
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Zoning Map
Aerial Map
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DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify the
petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the approval
or denial of the petition?
3. What is the impact of the amendment on the ability of the city to provide adequate public services
and facilities and/or programs that might reasonably be required in the future if the petition is
approved?
4. Does the petitioned zoning change adversely affect the environmental conditions or value of the
surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of
the City?
6. Are there any significant negative environmental impacts which would reasonably occur if the
petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites, or wildlife
areas.
7. Is the proposed zoning change a “Spot Zone”?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those allowed in the
vicinity?
c. Would the zoning change confer a benefit to the property owner that is not generally
available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
The following motion is offered for consideration:
I move that the request to rezone the properties located at 307 & 313 W Laketon Ave from I-2, General
Industrial to B-4, General Business district, as described in the public notice, be recommended for
(approval/denial) to the City Commission, contingent upon the lots being combined.
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Case 2016-13: Request for a site plan review for an addition to the building at 1885 E Laketon Ave, by
Forming Technologies.
BACKGROUND
1. This property is located in the Port City Industrial Park and measures 3.1 acres with 220 feet of
frontage on Laketon Ave.
2. The zoning is I-2, General Industrial.
3. The project includes a 15,873 sf foot addition to the back of the existing building that will be used for
warehousing of parts and finished products.
4. The building addition will meet all setback requirements. The rear setback will be 118’6.” The side
setback on the east side will be 25’2” and the side setback on the west side will be 86’1.”
5. Parking on site is adequate giving the multiple shifts operating during the day. There is also room to
add additional parking in the front if needed in the future.
6. The plan is missing a stormwater management plan with stormwater calculations.
7. The Fire Marshal has approved the plan contingent up fire flow water supply calculations being
conducted due to fire suppression requirements for the addition.
Front of 1885 E Laketon Ave looking south.
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Rear of building looking north.
Zoning Map
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Aerial Map
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.
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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.
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
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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, 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.
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for the building addition 1885 E Laketon Ave, be (approved/denied/tabled), with the
following conditions:
1. A stormwater management plan with stormwater calculations be submitted and approved by the
Zoning Administrator.
2. Fire flow water supply calculations are conducted and fire suppression requirements are approved by
the Fire Marshal.
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