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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, June 10, 2010
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 of the regular meeting of May 13, 2010.
III. PUBLIC HEARINGS
A. Hearing; Case 2010-19: Request for preliminary Planned Unit Development approval
for mixed use retail and commercial for the property at 1144 3rd St., by Mark Pierce,
EMC Group.
B. Hearing; Case 2010-20: Request for final Planned Unit Development approval for
mixed use retail and commercial for the property at 1144 3rd St., by Mark Pierce, EMC
Group.
C. Hearing; Case 2010-21: Staff initiated request to amend Section 2334 #5, Signs, to
modify the rules on banners.
IV. OLD BUSINESS
V. NEW BUSINESS
VI. OTHER
VII. Adjourn
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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:
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933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
June 10, 2010
Hearing; Case 2010-19: Request for preliminary Planned Unit Development approval for
mixed use retail, commercial and residential for the property at 1144 3rd St. by Mark Pierce,
EMC Group.
BACKGROUND
Applicant: Mark Pierce, EMC Group
Property Address/Location: 1144 3rd St
Zoning: B-2, Convenience and Comparison Business
Request: Preliminary Planned Unit Development (PUD)
Present Land Use: Car Wash, Body Shop, Retail
STAFF OBSERVATIONS
1. The property is presently zoned B-2, Convenience and Comparison Business. All of the
proposed uses can’t be accommodated under the present zoning, therefore a PUD has
been requested.
2. The request for the PUD is to allow automobile sales on the property. The property had
historically been used for automobile sales until the property was down zoned and Betten
Automotive eventually moved out.
3. There may also be other uses that the owners would like to include in the PUD, however,
a site plan was never submitted and staff has been unable to get in contact with the
property owners.
4. Debra Tober of 283 Houston called and said that she is in favor of the request. No other
comments from the public were received.
Zoning Ordinance excerpts:
Planned Unit Developments
Excerpted from Section 2101: Development Options
1. Planned Unit Development (PUD) Purpose
The purpose of this option is to permit flexibility in the regulation of land development;
encourage innovation in land use and variety in design, layout, and type of structures
constructed; achieve economy and efficiency in the use of land, natural resources and
utilities; encourage provision of useful open space; provide adequate housing,
employment, and shopping opportunities particularly suited to the needs of the residents
of the City of Muskegon and encourage the use, reuse, and improvement of existing sites
and buildings when the uniform regulations contained in zoning districts do not provide
adequate protection and safeguards for the site or surrounding area.
This option is intended to accommodate developments with mixed or varied uses, to
allow some degree of flexibility in the application of standards and regulations in this
Ordinance to achieve innovation to development on sites with unusual topography or
unique settings within the community, or on land which exhibits difficult or costly
development problems, and shall not be allowed where this option is sought primarily to
avoid the imposition of standards and requirements of zoning classifications rather than
to achieve the stated purposes above.
a. Planned Unit Development Regulations, Standards and Requirements
1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written authorization
of all property owners.
2) The application shall meet the criteria established in each specified
zoning district.
2
b. PUD Review Procedures
1) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD plan to
determine its suitability.
4) The final phase shall require a detailed development plan for any part of
the approved conceptual PUD plan.
c. Standards for Approval of PUD Plans
The Planning Commission shall approve, deny or modify preliminary PUD plans,
based upon the following standards. Likewise, the City Commission shall
approve, deny, or modify final PUD plans (after review and recommendation by
the Planning Commission) based upon the following standards.
1) The uses proposed will have a beneficial effect, in terms of public health,
safety, welfare, or convenience of any combination thereof, on present and
potential surrounding land uses. The uses proposed will not adversely
affect the public utility and circulation systems, surrounding properties, or
the environment.
2) The uses proposed should be consistent with the land use plans adopted by
the City.
3) The amount of open space provided, which the Planning Commission or
City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
4) The amount of off-street parking areas, which the Planning Commission
or City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
5) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.
6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
7) The uses proposed will result in safe, convenient, uncongested and well
defined vehicular and pedestrian circulation systems.
3
2. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary phase
approval:
a. A general development plan depicting the proposed locations of streets, parking
areas, open spaces, buildings and structures, and their spatial relationships, the
relationship to off-site improvements and infrastructure and any unusual
topographic features.
1) Approval by the Planning Commission of the PUD Preliminary Plan shall
remain in effect for a period not to exceed three (3) years from the date of
approval.
3. Final PUD Plan Submission
The applicant shall submit together with the application for PUD final phase approval,
development plans in sufficient detail and in so far as possible the specific locations and
dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck docks and
service drives;
b. all buildings and structures, elevations and spacial relationships;
c. landscaping, buffers, fences, and protective walls;
d. open space areas and other significant environmental features;
e. existing and final topographic changes;
f. identification and directional signage:
g. a property survey prepared and certified by a licensed land surveyor;
4. Amendments to an Approved Final PUD Plan
a. Incidental or minor changes may be approved by the Planning Commission if the
proposed modifications do not alter the basic design or land uses of the plan.
b. If the Planning Commission determines that the proposed modifications are
significant or major, a public notice and public hearing in accordance with
Section 2332 must be conducted prior to approval or denial.
5. PUD Development Time Limits
a. Construction of the improvements shown on the approved final PUD plan with all
proposed buildings, parking areas, landscaping and infrastructure must commence
within one year of approval by the City Commission.
4
b. Construction must be continued in a reasonable, diligent manner and be
completed within five (5) years.
c. Said five (5) year period may be extended if applied for in writing by the
petitioner and granted by the City Commission following public notice and public
hearing in accordance with Section 2332 of this ordinance. Failure to secure an
extension shall result in a stoppage of all construction.
STAFF RECOMMENDATION
Staff recommends tabling the case until the owners state which uses they would like to include in
their PUD.
DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2331of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the Preliminary PUD for a mixed use retail, commercial and residential development
for the property at 1144 3rd St be (approved/denied) pursuant to the determination of
(compliance/lack of compliance) with the intent of the City Zoning Ordinance and City Master
Land Use Plan.
5
Hearing; Case 2010-20: Request for final Planned Unit Development approval for mixed use
retail and commercial for the property at 1144 3rd St., by Mark Pierce, EMC Group.
BACKGROUND
Applicant: Mark Pierce, EMC Group
Property Address/Location: 1144 3rd St
Zoning: B-2, Convenience and Comparison Business
Request: Preliminary Planned Unit Development (PUD)
Present Land Use: Car Wash, Body Shop, Retail
STAFF OBSERVATIONS
1. The property is presently zoned B-2, Convenience and Comparison Business. All of the
proposed uses can’t be accommodated under the present zoning, therefore a PUD has
been requested.
2. The request for the PUD is to allow automobile sales on the property. The property had
historically been used for automobile sales until the property was down zoned and Betten
eventually moved out.
3. There may also be other uses that the owners would like to include in the PUD, however,
a site plan was never submitted and staff has been unable to get in contact with the
property owners.
4. Debra Tober of 283 Houston called and said that she is in favor of the request. No other
comments from the public were received.
5. Staff is unable to make comments regarding the PUD since a site plan was never
received.
6
Zoning Ordinance excerpts:
Planned Unit Developments
Excerpted from Section 2101: Development Options
6. Planned Unit Development (PUD) Purpose
The purpose of this option is to permit flexibility in the regulation of land development;
encourage innovation in land use and variety in design, layout, and type of structures
constructed; achieve economy and efficiency in the use of land, natural resources and
utilities; encourage provision of useful open space; provide adequate housing,
employment, and shopping opportunities particularly suited to the needs of the residents
of the City of Muskegon and encourage the use, reuse, and improvement of existing sites
and buildings when the uniform regulations contained in zoning districts do not provide
adequate protection and safeguards for the site or surrounding area.
This option is intended to accommodate developments with mixed or varied uses, to
allow some degree of flexibility in the application of standards and regulations in this
Ordinance to achieve innovation to development on sites with unusual topography or
unique settings within the community, or on land which exhibits difficult or costly
development problems, and shall not be allowed where this option is sought primarily to
avoid the imposition of standards and requirements of zoning classifications rather than
to achieve the stated purposes above.
d. Planned Unit Development Regulations, Standards and Requirements
3) The entire parcel for which application is made must be under one
ownership or the application must be made with the written authorization
of all property owners.
4) The application shall meet the criteria established in each specified
zoning district.
e. PUD Review Procedures
5) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
6) The review shall be in two phases:
7) The preliminary phase shall involve a review of a conceptual PUD plan to
determine its suitability.
8) The final phase shall require a detailed development plan for any part of
the approved conceptual PUD plan.
7
f. Standards for Approval of PUD Plans
The Planning Commission shall approve, deny or modify preliminary PUD plans,
based upon the following standards. Likewise, the City Commission shall
approve, deny, or modify final PUD plans (after review and recommendation by
the Planning Commission) based upon the following standards.
8) The uses proposed will have a beneficial effect, in terms of public health,
safety, welfare, or convenience of any combination thereof, on present and
potential surrounding land uses. The uses proposed will not adversely
affect the public utility and circulation systems, surrounding properties, or
the environment.
9) The uses proposed should be consistent with the land use plans adopted by
the City.
10) The amount of open space provided, which the Planning Commission or
City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
11) The amount of off-street parking areas, which the Planning Commission
or City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
12) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.
13) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
14) The uses proposed will result in safe, convenient, uncongested and well
defined vehicular and pedestrian circulation systems.
7. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary phase
approval:
b. A general development plan depicting the proposed locations of streets, parking
areas, open spaces, buildings and structures, and their spatial relationships, the
relationship to off-site improvements and infrastructure and any unusual
topographic features.
2) Approval by the Planning Commission of the PUD Preliminary Plan shall
remain in effect for a period not to exceed three (3) years from the date of
approval.
8
8. Final PUD Plan Submission
The applicant shall submit together with the application for PUD final phase approval,
development plans in sufficient detail and in so far as possible the specific locations and
dimensions of:
h. all streets, sidewalks, public and private utilities, parking areas, truck docks and
service drives;
i. all buildings and structures, elevations and spacial relationships;
j. landscaping, buffers, fences, and protective walls;
k. open space areas and other significant environmental features;
l. existing and final topographic changes;
m. identification and directional signage:
n. a property survey prepared and certified by a licensed land surveyor;
9. Amendments to an Approved Final PUD Plan
c. Incidental or minor changes may be approved by the Planning Commission if the
proposed modifications do not alter the basic design or land uses of the plan.
d. If the Planning Commission determines that the proposed modifications are
significant or major, a public notice and public hearing in accordance with
Section 2332 must be conducted prior to approval or denial.
10. PUD Development Time Limits
d. Construction of the improvements shown on the approved final PUD plan with all
proposed buildings, parking areas, landscaping and infrastructure must commence
within one year of approval by the City Commission.
e. Construction must be continued in a reasonable, diligent manner and be
completed within five (5) years.
f. Said five (5) year period may be extended if applied for in writing by the
petitioner and granted by the City Commission following public notice and public
hearing in accordance with Section 2332 of this ordinance. Failure to secure an
extension shall result in a stoppage of all construction.
STAFF RECOMMENDATION
Staff recommends tabling the case until a site plan is received and commented on by department
heads.
9
DELIBERATION
Standards for discretionary uses: (emphasis provided)
6. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
7. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
8. Adequate water and sewer infrastructure exists or will be constructed to service the
activity.
9. The proposed site plan complies with section 2331of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the Final PUD for a mixed use retail, commercial and residential development for the
property at 1144 3rd St be (approved/denied) pursuant to the determination of (compliance/lack
of compliance) with the intent of the City Zoning Ordinance and City Master Land Use Plan.
10
Hearing; Case 2010-21: Staff initiated request to amend Section 2334, #5 of Article XXIII to
modify the rules on banners.
BACKGROUND
Staff is proposing the following revisions to the sing ordinance, to allow greater flexibility for
banners.
NEW LANGUAGE
Deletions are crossed out and additions are in bold.
Amendments to Section 2334, #5 of Article XXIII
m. Banners for special events or sales, provided:
1) Banners must be made of plastic, vinyl or another similar material of
professional quality.
2) Banners must be neatly hung, taut and secure.
3) Banners may not pose a hazard to public safety.
4) Banners must be located on the property of the applicable business or
institution and not located in public rights of way.
5) Banners shall not be displayed longer than 90 days. This shall not
prohibit a new banner with a new message from being placed or hung
after a previous banner has been removed.
6) A business or institution with up to one 140 feet of frontage is limited to
one (1) banner of no more than 24 square feet per frontage of no more
than 32 square feet.
7) A business or institution with between 141 and 280 feet of frontage is
limited to two (2) banners per frontage totaling no more than 64 square
feet.
8) A business or institution with 281 feet of frontage or more is limited to
three (3) banners totaling no more than 72 square feet per frontage
totaling no more than 96 square feet.
9) A large community special event normally having 5,000 or more
attendees that has received approval from the Special Events
Committee, may display banners for up to 45 days prior to their
special event and until 10 days after the special event has been held.
Such banners would be required to comply with regulations m(1)
through m(4) above but they would not be limited to the size and
number requirements mentioned in items m(6) through m(8) above.
11
10) Sporting venues, theaters or athletic stadiums hosting events, other
than their principal and routine uses, may have banners displayed
outside the stadium, theater or venue building for up to 45 days prior
to their special event and until 10 days after the special event has been
held. These banners must comply with regulations m(1) through m(4)
above and may be no larger than 10% of the front building face, if
placed on a building. If the banner is not placed on a building, the
banner would have to comply with the size and height requirements of
Table II, similar to a permanent free standing sign. Regardless of if
the banner is being located on a building or if it is hung freestanding
from supports, banners in this section are limited to one per road
frontage.
DELIBERATION
I move that the amendment to 2334, #5 of Article XXIII, of the City of Muskegon Zoning
Ordinance, be recommended to the City Commission for (approval/denial).
12
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