View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, December 10, 2015
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 November 12, 2015.
III. Public Hearings
IV. New Business
A. Case 2015-23: Request for a site plan review for the construction of an additional six townhome
buildings at 816 Marquette Ave, by James Williams.
V. Old Business
A. Case 2015-19: Request for a site plan review for an 11,099 square foot building addition at 1690
Creston Street, by Production Fabricators.
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
1
CITY OF MUSKEGON
PLANNING COMMISSION
SPECIAL MEETING
MINUTES
November 12, 2015
Vice Chairman B. Larson called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, B. Mazade, J. Doyle, L. Spataro, B. Larson, J. Montgomery-
Keast, B. Smith, S. Gawron
MEMBERS ABSENT: F. Peterson, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: C. Nass, 2011 Lake Ave.
APPROVAL OF MINUTES
A motion that the minutes of the special meeting of October 15, 2015 be approved, was made by J.
Montgomery-Keast, supported by L. Spataro and unanimously approved.
T. Michalski arrived at 4:03 p.m. and took over as Chairman.
PUBLIC HEARINGS
Hearing, Case 2015-20: Request for a rezoning from B-2, Convenience & Comparison Business district to
B-4, General Business District at 962 W Sherman Blvd, by MJK Properties. M. Franzak presented the staff
report. The subject parcel is 4.47 acres and is “T”-shaped, with a private drive that leads back to the
building, which is set back from the road about 450 feet. The building is roughly 12,240 square feet.
Current tenants include Pack n’ Ship and an Alcoholics Anonymous meeting place along with some vacant
units. The new owner would add a storage facility to the property; however, storage is not an allowed use in
B-2 districts. Therefore, he is requesting a change in zoning to B-4. There are still several acres of vacant
developable land on this parcel, although no new buildings or additions are being proposed at this time.
Sherman Boulevard is considered a major street and is the appropriate place for a B-4 district. The preamble
to the B-4 district states: “Placement along presently developed major traffic arteries prevents the conflict of
traffic and pedestrian movement since the General Business District is characterized by a minimum of
pedestrian flow.” Notifications were sent to properties within 300 feet of this property and staff has not
received any comments at the time of this writing.
B. Larson asked if the current driveway leading to the property could handle the additional traffic. M.
Franzak stated that he wasn’t aware of any issues with it.
B. Mazade arrived at 4:05 p.m.
J. Montgomery-Keast asked if anyone had looked at the Ruddiman Creek environmental assessment to check
for any issues, since the creek ran through or near the property. M. Franzak stated that he had not, but that
the applicant would be required to submit a stormwater management plan. J. Doyle asked what the plan was
for the current building. C. Noss stated that they planned to further develop the vacant parcels in the current
space, then build a new building which would be used for heated RV storage.
2
A motion to close the public hearing was made by J. Doyle, supported by L. Spataro and unanimously
approved.
A motion that the request to rezone the property located at 962 West Sherman Blvd. from B-2, Convenience
& Comparison district to B-4, General Business district, as described in the public notice, be recommended
for approval to the City Commission was made by J. Montgomery-Keast, supported by B. Larson and
unanimously approved.
Hearing, Case 2015-21: Staff-initiated request to rezone 53 Bank St, 59 Bank St, 151 N Causeway, a
portion of 401 N Causeway and a portion of 131 N Causeway from I-2, General Industrial district to WI-
PUD, Waterfront Industrial Planned Unit Development district. M. Franzak presented the staff report. These
five parcels are located at the northeastern end of Muskegon Lake and are utilized by Consumers Power for
their operations: 53 Bank St is owned by Consumers and measures 1.05 acres; 151 N Causeway is owned by
Consumers and measures 82.31 acres; 59 Bank St is owned by Consumers and is 25.65 acres; 131 N
Causeway is owned by the State of Michigan and a small portion of the parcel is zoned I-2; and 401 N
Causeway is owned by Muskegon County with only a small portion of its 49.58 acres zoned I-2. There are
also adjacent parcels located in the City of North Muskegon that are utilized by Consumers. Staff is
recommending rezoning these parcels to WI-PUD because it follows the recommendations of the City’s
Master Land Use Plan to move all port activity to the east end of Muskegon Lake. This rezoning will ensure
that any future project will have to utilize the port. Manufacturing which is dependent on port activity is
allowed in the WI-PUD district; manufacturing not dependent on port activity is not. Also, all projects
located in WI-PUD districts must be approved by the Planning Commission. This will give the City the
ability to regulate certain outdoor uses (i.e. outdoor storage) and minimize the blight that may be associated
with such uses. Consumers Power currently leases 59 Bank St to Verplank Dock for aggregate
shipping/storage. This is an allowed use in WI-PUD zones and the rezoning will not make it a non-
conforming use. Staff notified all properties within 300 feet of the subject parcels and has not received any
comments. Consumers Power is in agreement with the rezoning and it is actually part of an agreement they
have with the City in order to let some of the foundations remain as the buildings are demolished.
Staff and board members discussed the permitted uses in the district. M. Franzak stated that even those uses
allowed by right would still require Planning Commission approval, and any manufacturing use would be
required to utilize the port.
A motion to close the public hearing was made by L. Spataro, supported by B. Larson and unanimously
approved.
A motion that the request to rezone 53 Bank St, 59 Bank St, 151 N Causeway, a portion of 401 N Causeway
and a portion of 131 N Causeway from I-2, General Industrial district to WI-PUD, Waterfront Industrial
Planned Unit Development district, as described in the public notice, be recommended to the City
Commission for approval was made by L. Spataro, supported by S. Gawron and unanimously approved.
NEW BUSINESS
None
OLD BUSINESS
None
3
OTHER
Storage unit facility on Barclay Ave. J. Doyle stated that when the Planning Commission approve the site
plan for the storage units on Barclay Ave. near Sherman, there was a requirement to have sidewalks installed
on the property. That has not been done. M. Franzak stated that he would look into this.
Third Street development T. Michalski asked about the status of the proposed non-profit grocery store on
Third St. on the former Matson car lot property. M. Franzak stated that he had not received any plans for it.
L. Spataro stated that the group had been unable to raise the necessary funds.
There being no further business, the meeting was adjourned at 4:16 p.m.
4
STAFF REPORT
December 12, 2015
Case 2015-23: Request for a site plan review for the construction of an additional six apartment buildings at
816 Marquette Ave, by James Williams.
BACKGROUND
1. The property was recently rezoned from R-1, Single Family Residential to RM-1 Low Density
Multiple Family Residential. It was owned by the City and was sold to James Williams, owner and
developer of the current townhomes adjacent to this property at 860 Marquette Ave. This project will
be a continuation of his current apartment complex and will also include an office building.
2. The new parcel is 6.14 acres and the existing complex is 1.91 acres.
3. The applicant plans to start construction with unit E and working east over the next several years.
The new asphalt drive to building E will loop around to the existing parking area around building A
as part of the first phase for access.
4. The plan shows the general layout of the buildings, but is missing a lot of information. The developer
will be working to get the following shown on a new set of plans in time for the meeting. The
following needs to be submitted: height and square footage of buildings, elevation pictures of
buildings, topography map with grading plan, stormwater plan with calculations, soil erosion control
measures, lighting and a landscaping plan.
5. The Fire Department has noted that another fire hydrant may be required. They also have some
concerns with access near buildings I and J, but feel they can work with the applicant before those
units are built. They have requested that any approval is contingent upon the Fire Department
approving a fire access route and hydrant additions.
6. Many large oak trees have already been removed to make way for development. Often times trees are
required to remain or be replaced. These oak trees could be replaced on the undeveloped east side of
the property.
7. There is no sidewalk on either side of the street on Getty St. The property leads down the ravine and
back up to property in Muskegon Township to the north.
8. Dumpsters must be screened.
Looking east from Getty St.
5
Looking north from the east side of property.
Looking northeast from the corner of Getty St/ Marquette Ave. Neighborhood sign to remain.
6
Looking west from north end of current development.
Looking east from north end of current development.
Existing Building A
7
Zoning Map
Aerial Map
8
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.
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
9
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
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.
10
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for the addition of six townhomes be at 816 Marquette Ave be
(approved/denied/tabled), with the following conditions.
a. Staff approves revised plans showing height and square footage of buildings, elevation
pictures of buildings, topography map with grading plan, stormwater plan with calculations,
soil erosion control measures, lighting and a landscaping plan.
b. The Fire Department approves a fire access route and hydrant additions.
c. The dumpster is screened with the appropriate fencing.
11
Case 2015-19 (Tabled from October): Request for a site plan review for an 11,099 sf building addition at
1690 Creston St, by Production Fabricators.
BACKGROUND
1. Production Fabricators is an industrial company located at 1608 Creston St in Muskegon Township.
2. The City of Muskegon owns the adjacent property to the south at 1690 Creston St, which is zoned I-
1, Light Industrial. This parcel is used by Muskegon Central Dispatch and has a large
communications tower on site.
3. They City of Muskegon is in the process of selling a portion of this parcel to Production Fabricators
so that they may expand their business. The remained of the parcel at 1690 Creston St will continue
to be used by Muskegon Central Dispatch. Please see the enclosed rendering of the proposed lot
split. The lot meets the minimum requirement of 100 feet of road frontage, however, a 60 foot
easement is proposed to allow Production Fabricators access to their loading dock. This only leaves
40 foot of buildable area along Creston St for any future development on the city-owned lot. Also, it
appears that a retention basin is proposed in the easement located on the city property. All
stormwater must be contained on the original site. A grading plan must be included so the flow of
water can be determined.
4. The plan does not state which type of material will be used in the parking lots on either driveway.
5. The Fire Department has given their approval as long as the original building and the addition are
suppressed with sprinkling.
6. There is a utility pole located on site that will have to be moved to make room for the building
addition. This pole will be moved at the expense of Production Fabricators and is a condition set
forth in the purchase agreement of the property. All other utilities that may need to be moved will be
at the expense of Production Fabricators.
1690 Creston St
12
Utility pole to be moved
Zoning Map (white areas depict Muskegon Township property)
13
Aerial Map
Ordinance Excerpt:
SECTION 1403: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 21,780 sq. feet.
2. Maximum lot coverage:
Buildings: 85 %
Pavement: 25 %
3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then measured from
setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times
longer its width.
5. Height limit: 3 stories or 50 feet
Height measurement: In the case of a principal building, the vertical distance measured from the
average finished grade to the highest point of the roof surface where the building line abuts the front
yard, except as follows: to the deck line of mansard roofs, and the average height between eaves and
14
the ridge of gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the
grade shall be determined by averaging the elevation of the ground for each face of the building (see
Figure 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures only).
9. Side setbacks:
1-story: 10 feet and 20 feet
2-story: 15 feet and 25 feet
3-story: 20 feet and 30 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-way line to
the nearest point of the determined drip line of buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one side lot
line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the building
code.
b. The building has adequate fire access preserved pursuant to fire code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and recorded with
the County Register of Deeds and provided to the zoning administrator with the site plan or
plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-line is
employed for a structure or fire access. At least fifty percent of all required front setbacks shall be
landscaped and adjacent to the road right-of-way. An average minimum greenbelt of 10 feet shall be
maintained along each street frontage. [amended 12/01, amended 10/02]
15
MOTION FOR CONSIDERATION
I move that the site plan for the building addition at 1690 Creston St be (approved/denied/tabled), contingent
upon the sale of the property, with the following conditions:
1. The original building and the addition are suppressed with sprinkling.
2. The applicant is responsible for the cost of moving all utilities.
3. An updated site plan be approved by staff. The site plan shall contain a drainage plan, with all
stormwater being stored on site and the type of parking lot material shall be listed.
16
Sign up for City of Muskegon Emails