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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, May 15, 2014
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 March 13, 2014.
III. Public Hearings
a. Hearing, Case 2014-06: Request for an amendment to the Planned Unit
Development (PUD) to allow a new transit center on the parcels known as 331, 363
and 365 Morris Avenue, by the County of Muskegon.
IV. New Business
a. Case 2014-07: Request for a site plan review for a park addition at 900 West
Western Avenue, by the County of Muskegon.
V. Old Business
a. Extending the master plan
VI. Other
a. Zoning Ordinance update
VII. Adjourn
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Muskegon, MI 49440
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
March 13, 2014
Board member B. Mazade called the meeting to order at 4:11 p.m. and roll was taken.
MEMBERS PRESENT: L. Spataro, B. Mazade, S. Gawron, F. Peterson, S. Wisneski
MEMBERS ABSENT: Excused: J. Doyle, T. Michalski, B. Larson, B. Smith
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: T. Mills, 2350 S. Getty St; C. Walters, 2253 Continental
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of February 13, 2014 be approved, was made by
F. Peterson, supported by S. Wisneski and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2014-05: Request to rezone the properties at 2306 & 2320 South Getty Street
from B-4, General Business District to I-2 General Industrial District, by Timothy Mills. M.
Franzak presented the staff report. Port City Architectural Signs operates their business at 2350 S.
Getty Street. They manufacture signs at this location, which is zoned I-2, General Industrial, and
they also own properties to the north at 2306 and 2320 S. Getty Street. Half of the parcel at 2320
is zoned I-2 and half of it is zoned B-4, General Business. The parcel at 2306 S. Getty Street is
zoned B-4. They would like to have all of these properties zoned I-2 so that they can expand their
operations. Both parcels measure roughly 0.4 acres with approximately 100 feet of road frontage
each, and each parcel contains a building. There appears to be enough parking at this location for
industrial uses. However, the applicant will still be required to apply for a site plan review on this
property (staff review) because it is a change of use. Properties to the north of the subject parcels
are zoned for business and residential; properties to the east are industrial. The properties to the
west are located in Muskegon Heights and are mostly zoned for business. This area is on the
border of the Medendorp Industrial Park. Notification was sent to property owners within 300 feet
of these properties and staff had not received any comments. The Master Plan recommends
keeping this area flexible in terms of business and industrial uses, and staff recommends approval
of the rezoning to accommodate the growing business.
T. Mills stated that they had been in business at the current location for about seven years, and
they were asking for the rezoning in order to expand their business. C. Walters lived nearby and
was concerned about noise levels, and how the rezoning would affect his property. T. Mills stated
that there should not be any additional noise, and there should be minimal impact on surrounding
properties. C. Walters stated that he was not opposed to the request.
A motion to close the public hearing was made by S. Gawron, supported by F. Peterson and
unanimously approved.
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A motion that the request to rezone the properties located at 2306 and 2320 South Getty Street
from B-4, General Business District to I-2, General Industrial District as described in the public
notice, be recommended for approval to the City Commission, was made by L. Spataro, supported
by S. Wisneski and unanimously approved.
OLD BUSINESS
None
OTHER
Zoning Ordinance update – M. Franzak informed Planning Commissioners that the next step in the
zoning ordinance update was a public hearing to be held on March 26 at the Century Club
ballroom.
L. Spataro had two comments regarding the update: He asked that staff be sure to include the
southeast area of the downtown, near Pine and Spring Streets, when considering the zoning
ordinance changes, and also to keep safeguards in place to keep the older large homes from being
divided into apartments.
There being no further business, the meeting was adjourned at 4:22 p.m.
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
3
May 15, 2014
Hearing, Case 2014-06: Request for an amendment to the Planned Unit Development (PUD) to
allow a new transit center at the parcels known as 331, 363 and 365 Morris Ave, by Muskegon
County.
STAFF OBSERVATIONS
1. The current transit center is located at 365 Morris Ave. This plan includes an addition to
the current building and utilization of the adjacent parcels at 331 and 363 Morris Ave as
part of the new transit center.
2. The existing building measures 1,440 sqft and the addition will add another 5,060 sqft
giving it a total of 6,500 sqft. The building will be set back about four feet from the front
property line. At the time of this writing, staff was informed that the building may be
decreased. The zoning ordinance states that staff may approve changes to an approved site
plan up to 5% of the total building area. There may be a need to come back to Planning
Commission if the changes are significant.
3. There will be space for seven buses to be parked at pick up locations on site. There will
also be space for four buses to be parked on the street for pick up as well. The on-street
bus stop farthest to the east could cause vision problems for cars exiting the parking lot.
4. There are four proposed street lights (to match existing) to the north near the on-street bus
pickup locations.
5. There will be space for the trolley to park to the east of the parcel in the summer. This area
will be used for snow storage in the winter.
6. The plan includes four curb cuts. Two to the north and one each to the east and west. The
curb cut to the east will only be used by buses if the other bus exit is blocked.
7. There is a proposed ornamental privacy fence just east of the proposed parking lot to
screen the parking lot from the right of way.
8. The parking lot on site includes 13 parking spaces, which is connected to the roundabout
that will be used to drop off passengers.
9. The pavement striping on the southeast part of the property appears to be partially located
on the city-owned alley. This area must remain unstriped.
10. The landscaping plan is complete and goes beyond the requirements for typical downtown
development.
11. Notice was sent to property owners within 300 feet of this property. At the time of this
writing, staff had not received any comments regarding the proposed plan.
Current Transit Center
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Looking south from Morris Ave Looking west from First St
Looking east from Second St Looking south from W Western Ave
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Zoning Map
Aerial Map
Zoni
ng
Ord
inan
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ce excerpt:
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.
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.
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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.
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.
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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.
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.
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.
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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 amendment to the Final PUD for 100 Muskegon Mall for the properties at 331,
363 and 365 Morris Avenue 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.
Case 2014-07: Request for a site plan review for a park addition at 900 W. Western Ave, by
Muskegon County.
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STAFF OBSERVATIONS
1. The Rotary Club has made a donation for a new park adjacent to the YMCA. Muskegon
County has purchased the property just to the east of the YMCA (the parcel has not been
split yet) and will maintain the park.
2. The property is zoned LR, Lakefront Recreation.
3. A new parking lot with 21 parking spaces will be accessible from the YMCA parking lot.
4. Structural additions include two picnic shelters, a playground, a restroom building, and an
elevated boardwalk and a canoe/kayak launch.
5. The rest of the improvements include sidewalks, pavement areas and landscaping
additions.
Looking north from W Western Ave
Looking east from the YMCA
parking lot
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Looking west from Heritage Landing
Water to the north of the property
Zoning Map
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Aerial Map
Zoning Ordinance excerpt:
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LR Lakefront Recreation
ARTICLE XIII - LR LAKEFRONT RECREATION DISTRICTS
PREAMBLE
The primary intent of the LR Lakefront Recreation District is to provide for areas abutting
Muskegon Lake including Muskegon River and Lake Michigan to be utilized for both public and
private recreational and recreation oriented facilities. It is intended that any commercial facilities
be limited to water related recreation activities.
SECTION 1800: PRINCIPAL USED PERMITTED
In the LR Lakefront Recreation District, no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise provided in this Ordinance.
1. Marinas for the berthing and servicing of boats, but without major repair or storage
facilities.
2. Restaurants and cocktail lounges.
3. Hotels and motels.
4. Accessory buildings and accessory uses customarily incidental to the above Principal Uses
Permitted.
5. Uses similar to the above Principal Uses Permitted.
SECTION 1801: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the
purview of Section 2332 after review and approval of the use (and a site plan, if required) by the
Planning Commission, after Public Hearing, subject to the applicable conditions, and any other
reasonable conditions imposed by the Planning Commission:
1. Residential development projects.
2. Private clubs, lodge halls, social, or recreational uses.
3. Accessory buildings and accessory uses customarily incidental to the above Special Land
Use Permitted.
4. Seasonal, recreational, camper and trailer parks, and facilities.
5. Uses similar to the above Special Land Uses Permitted.
Standards for Site Plan approval:
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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
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.
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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.
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for the park addition at 900 W Western Ave be (approved/denied/tabled)
as proposed.
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