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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, August 15, 2013
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 11, 2013.
III. Public Hearings
A. Hearing, Case 2013-11: Request for a Special Use Permit to operate a social services
center in an RM-1, Medium Density Multiple Family Residential district at 1275
Kenneth St, by Family Promise of the Lakeshore.
IV. New Business
V. Old Business
VI. Other
A. Extending the Master Plan
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
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
July 11, 2013
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: L. Mikesell, B. Mazade, J. Doyle, S. Gawron, B. Larson, B. Smith,
T. Michalski
MEMBERS ABSENT: L. Spataro, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: S. Novak, T4 Group, 1700 Lakeshore Dr; J. EldenBrady, 1336 Spring;
M. Dobry, 820 Terrace St; P. Webber, 870 E. Isabella; J. Rigterink,
MEDC
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of April 11, 2013 be approved, was made by J.
Doyle, supported by B. Larson and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2013-09: Staff-initiated request to vacate the portion of Temple Street south of Delano
Avenue. M. Franzak presented the staff report. The City of Muskegon recently sold the vacant lot on
Temple Street in the Seaway Industrial Park to Schultz Transportation. The company currently runs
their business on the parcel of land to the east of this vacant lot. They would like to combine the two
lots so that they can operate their business on one contiguous piece of property. In order to do so,
Temple Street, which separates the two parcels, must be vacated. Although an easement was created
for the establishment of Temple Street, the road was never created.
A motion to close the public hearing was made by B. Mazade, supported by B. Larson and
unanimously approved.
A motion that the vacation of Temple Street south of Delano Avenue be recommended to City
Commission for approval based on compliance with the City’s 1997 Master Land Use Plan, with the
conditions that 1) All utility easements will be retained, and 2) Structures may not be developed over
the vacated street, was made by B. Larson, supported by L. Mikesell and unanimously approved.
Hearing, Case 2013-10: Request to amend the final Planned Unit Development for lots 6, 7, 8, and 9
of the Downtown Muskegon Development Corporation project--commonly known as 242 West
Western Avenue, 781 Terrace Street, 771 Terrace Street, and 256 Market Street--for the addition of a
farmers market, by the Downtown Muskegon Development Corporation (DMDC). Steven Novak of
the T4 Group, LLC was present to answer questions on behalf of the DMDC. The subject property
consists of vacant parcels zoned B-3, Central Business, with a PUD Overlay. The approval for the
Final PUD was given by City Commission on February 22, 2005. At that time, the site plan only
included the proposed street grid, locations of five existing buildings, and “buildings and structures as
proposed and the spatial relationship to each other and existing downtown structures”. Uses within
existing or newly developed buildings had not yet been determined, but the approval was for “mixed
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use, residential and commercial”. There are 136 vendor spaces planned for the new farmer’s market.
Each vendor will be able to utilize one parking space. There are 229 parking spaces located on-site, so
on a full day there will be about 93 on-site parking spaces for the public. The first parking space
nearest to the entrance on West Western Avenue as shown on the plans should be eliminated for safety
concerns. There are also parking spaces located on Morris Street, Terrace Street and West Western
Avenue. The project will utilize four properties currently owned by the Downtown Muskegon
Development Corporation at 781 Terrace Street (1.42 acres), 771 Terrace Street (1.41 acres), 256
Market Street (0.21 acres), and 242 West Western Avenue (0.92 acres). The property and facilities will
be donated to the City after completion of the project. The plan states that Market Street will be
vacated; however, that is an error and the street will remain in existence. The proposed office building
(3,500 square feet) will be located off West Western Avenue. There will also be space for a
commercial kitchen that will serve as a type of business incubator. Attached to the office will be an
all-season, fully enclosed vending building (2,800 square feet) that will allow for up to 16 year round
vending spaces. There will be two sets of restrooms: one located at the entrance on the corner of
Morris and Terrace Streets, and one located near the offices off Western Avenue. The landscaping plan
was provided on a separate plan. A stone landscaping wall will be constructed on the corner of Morris
and Terrace Streets. Most of the lot is covered by structures or pavement. There are no landscaping
islands in the parking lot, only striped areas that restrict parking. The addition of landscaping islands
would help offset the additional stormwater runoff from the large amount of impervious surfaces. It
would also help lower the heat index, provide for better pedestrian crossing, and is aesthetically
pleasing. Snow storage locations should be shown on the plan; however, it should not be an issue with
only 16 year round vending spaces. The Planning Department requires that the following items be
amended on the site plan as a condition of approval: 1) the parking space nearest to the entrance on
West Western Avenue should be eliminated, and 2) parking islands should be considered. The
Engineering Department has the following conditions of approval: 1) all new sidewalks must have
ADA compliance ramps at meeting of points and curbs, and 2) ADA parking spaces must be
identified. There were no other comments regarding this request.
M. Franzak stated that there was currently lighting on the street owned by Consumers Energy, but it
was slated to be removed and no other lighting was shown in the plans for the parking lot. He also
stated that he highly recommended landscaping islands for a parking lot of this size; there would be 4
½ to 5 acres of solid concrete. He recommended other parking improvements, such as a green buffer
along the aisles, which would also provide space for lighting. He stated that the stalls would light up,
so that was another possibility for lighting during off-hours. L. Spataro offered comments on the plan
and stated that he would like to have sidewalks along Market Street. M. Franzak stated that it could
present a safety issue when market vendors would be parking or driving over the sidewalk area on
market days. B. Mazade stated that he understood that concern, but suggested that the sidewalks could
be closed on market days. J. Doyle asked if the curb would be cut out at those locations. M. Franzak
stated there would be a rolled curb, enabling vehicles to cross it. B. Mazade suggested that parking
spaces could be labelled instead of striped so the entire area didn’t look like a big parking lot. L.
Mikesell noted that Market Street widened in a certain area and suggested using that space for a
sidewalk. S. Gawron agreed with the need for sidewalks to tie in this site with the rest of the
streetscape and maintain a pedestrian-friendly downtown. B. Larson stated that the plan was a work in
progress and that changes could be made at a later time if needed. T. Michalski concurred, and stated
that the issues that had been raised could be alleviated by using proper signage.
S. Novak addressed the sidewalk issue. He stated that Market Street itself could become the sidewalk
during market times, and be closed to vehicle traffic. He also stated that he had originally shown
landscape islands on the plans but removed them; he stated that there had been talk of installing an ice
rink at the site during the winter. The plan did not show lighting because he wasn’t sure what type
would be used yet. He did plan to install lighting and stated he would work with City staff on the type.
J. Doyle asked if there would be fencing along Western Avenue. S. Novak stated that that had been
eliminated. B. Mazade referred back to the sidewalk issue and stated that he understood the use of
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Market Street for pedestrians during the market, but there was no designated pedestrian walkway for
days that the market was not operating. He stated that the widened area of Market Street mentioned
earlier was currently designated for parallel parking.
J. EldenBrady spoke about the market and said he was not opposed to it, but felt that the PUD
amendment in this case violated the zoning ordinance. M. Larson-Williams, from the Chicago office
the U.S. Post Office, read a statement from the Post Office: The Post Office does not support the
location of the farmers market as proposed. They believe it does not provide enough parking and they
are concerned that market customers will use Post Office parking. They are also concerned about the
security of Post Office vehicles and property. M. Dobry of Westshore Law Offices spoke on behalf of
the law firm and stated that they support the new farmer’s market location. P. Webber stated that she
loved the farmer’s market, but was opposed to the new location, citing lack of parking and a smaller
area. S. Novak and M. Franzak discussed the available parking around the new market site.
A motion to close the public hearing was made by B. Larson, supported by B. Smith and unanimously
approved.
S. Gawron reiterated that he felt strongly about the need to have sidewalks on the site.
A motion that the amendment to the Final PUD for 100 Muskegon Mall for properties at 242 West
Western Avenue, 781 Terrace Street, 771 Terrace Street, and 256 Market Street be approved, pursuant
to the determination of compliance with the intent of the City Zoning Ordinance and City Master Land
Use Plan, subject to the conditions that, 1) The parking space nearest to the entrance on West Western
Avenue is eliminated, 2) The issue of additional parking islands will be worked out with City staff, 3)
All new sidewalks must have ADA compliance ramps at meeting of points and curbs, 4) ADA parking
spaces are identified, and 5) additional lighting on the site will be worked out with City staff, was
made by B. Larson, supported by B. Smith and unanimously approved.
NEW BUSINESS
B. Larson brought up the issue of the West Michigan Steel property being up for sale or auction, and
asked if the City should consider a zoning change.
OLD BUSINESS
None
OTHER
Redevelopment Ready Communities Presentation – J. Rigterink presented information on the
Michigan Economic Development Corporation’s Redevelopment Ready Communities program for
board members and other interested parties.
There being no further business, the meeting was adjourned at 5:36 p.m.
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Hearing, Case 2013-11: Request for a Special Use Permit to operate a social services center in
an RM-1, Medium Density Multiple Family Residential district at 1275 Kenneth St, by Family
Promise of the Lakeshore.
STAFF OBSERVATIONS
1. The lot measures approximately 37,461 sqft (0.86 acres) and the building is approximately
14,000 sqft.
2. Please see the enclosed materials supplied by Family Promise of the Lakeshore for a
description of the services they intend to provide.
3. The building will house the administrative offices, day care center, four apartment units
and possibly a catering business.
4. The property is zoned RM-1, Medium Density Multiple Family. Professional offices and
catering businesses require a special use permit in this zoning district. The other uses are
allowed by right.
5. The current parking lot contains 13 parking spaces. The site plan shows an additional 6
spaces to be added to the eastern corner of the property. Staff believes that this amount of
parking will be sufficient.
1275 Kenneth St looking south from Catawba Ave
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Aerial Map
Zoning Map
Ordina
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nce Excerpt:
SECTION 700: PRINCIPAL USES PERMITTED
In an RM-1 Low Density Multiple Family Residential 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 for in this Ordinance:
1. All Principal Uses Permitted in the R One Family and RT Two Family Residential
Districts with the lot area, yard, and floor area requirements for one (1) and two (2) family
dwellings equal to at least the requirements of the immediately abutting residential district.
2. Multiple dwellings and row houses for any number of families.
3. Accredited fraternity and sorority houses when located not less than twenty (20) feet from
any other lot in any residential district.
4. Bed & Breakfast facilities, under the following conditions: [amended 7/03]
a. The owner or operator of the tourist home shall live full-time on the premises.
b. No structural additions or enlargements shall be made to accommodate the tourist
home use and no exterior alterations to the structure shall be made which will
change the residential appearance of the structure.
c. Breakfast may be served on the premises, only for guests of the facility, and no
other meals shall be provided to guests.
d. No long-term rental of rooms for more than fourteen (14) consecutive days shall
be permitted. No guest may stay for more than twenty-eight (28) nights in any
given year.
e. There shall be a maximum of five (5) guestrooms. No more than two (2) adults
are permitted to stay in any guestroom.
f. Signage shall conform to that which is permitted for home occupation businesses
only.
g. Rental of the tourist home for special gatherings such as wedding receptions and
parties shall be prohibited.
h. The property shall meet all local and state code requirements regarding bed and
breakfast facilities.
5. Rooming houses with a capacity of not more than three (3) roomers.
6. Churches and other facilities normally incidental hereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
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b. The principal buildings on the site shall be set back from abutting properties zoned
for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of building that exceeds the maximum
height allowed.
7. Home occupations of a non-industrial nature may be permitted. Permissible home
occupations include, but are not limited to the following: [amended 11/02
8. Foster Care Small Group Homes. [amended 11/02]
9. Assisted Living Facilities, under the following conditions: [amended 4/10]
SECTION 701: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]
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. Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants,
real estate appraisers, or other professional persons; real estate, insurance, credit service
(other than loan) offices and similar businesses supplying services instead of products
when determined by the Planning Commission upon application to it, to be consistent with
the nature and condition of neighboring uses and structures.
2. Buildings to be used exclusively to house the offices of civic, religious or charitable
organizations, the activities of which are conducted by mail, and which are not displaying
or handling merchandise or rendering service on the premises.
3. Schools and colleges not involving the use of mechanical equipment except such as is
customarily found in dwellings or professional offices provided that any such building
shall be located not less than thirty (30) feet from any other lot in any residential district.
4. Adult Foster Care Large Group Homes, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]
5. Previously existing or established commercial uses not already converted to a residential
use may be authorized under Special Use Permit for the following [amended 12/99]:
a. Retail and/or service establishments meeting the intent of the neighborhood
Limited Business Zone (B-1) dealing directly with consumers including:
1) Any generally recognized retail business which supplies new commodities
on the premises for persons residing in adjacent residential areas such as:
groceries, meats, dairy products, baked goods or other foods, drugs,
drygoods, and notions or hardware.
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2) Any personal service establishment which performs services on the
premises for persons residing in adjacent residential areas, such as: shoe
repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
television, or home appliance repair, and similar establishments that require
a retail character no more objectionable than the aforementioned, subject to
the provision that no more than five (5) persons shall be employed at any
time in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths,
architects, engineers, accountants, and similar or allied professions.
4) Restaurants, or other places serving food, except drive-in or drive-through
restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of
motor vehicles and other large equipment; manufacturing processes which would
normally require industrial zoning; any activity which may become a nuisance due
to noise, unsightliness or odor; and any activity which may adversely affect
surrounding property.
6. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
7. Uses similar to the above Special Land Uses Permitted.
DELIBERATION
I move that the request for Special Land Use Permit, per section 701 of Article VII of the Zoning
Ordinance, to allow for professional offices and a catering business in a RM-1 zoning district at
1275 Kenneth St, by Family Promise of the Lakeshore, be (approved/denied/tabled), based on
(compliance/lack of compliance) with the City’s Master Land Use Plan and conditions set forth in
Section 2332 of the City of Muskegon Zoning Ordinance.
OTHER:
Extending the Master Plan
Please see the enclosed letter from City Attorney John Schrier regarding extension of the Master
Plan. Staff recommends extending the current Master Plan and instead focusing on updating the
Zoning Ordinance, which has only had one comprehensive update since 1957.
If you would like to view the Master Plan, it is located at:
http://www.muskegon-mi.gov/departments/planning/plans/master-plan/
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