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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, July 11, 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 April 11, 2013
III. Public Hearings
A. Hearing, Case 2013-09: Staff initiated request to vacate the portion of Temple Street
south of Delano Avenue
B. 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 W Western Avenue, 781 Terrace Street, 771 Terrace Street,
and 256 Market Street; for the addition of a farmers market, by the Muskegon
Downtown Development Corporation.
IV. New Business
V. Old Business
VI. Other
A. Redevelopment Ready Communities Program (20 min. presentation)
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
April 11, 2013
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: L. Spataro, L. Mikesell, B. Mazade, J. Doyle, S. Gawron, B. Larson
MEMBERS ABSENT: Excused; W. Parker, B. Smith, T. Michalski
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: M. Price, 1298 Lakeshore Drive
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of March 14, 2013 be approved, was made by S.
Gawron, supported by L. Spataro and unanimously approved.
B. Mazade arrived at 4:03 p.m.
PUBLIC HEARINGS
Hearing, Case 2013-08: Request for a special use permit, per Section 2203 (Non-Conforming
Structures) of the Zoning Ordinance to allow a non-conforming structure to be increased by no
more than 30% at 1298 Lakeshore Drive, by Mary Price. M. Franzak presented the staff report.
The property measures 67 x 229 feet and is considered a legal lot. However, the structure does not
meet the side setbacks of 8’/20’, which makes the structure legally non-conforming. The side
setbacks are 7’6” on the east side and 6’3” on the west side. Non-conforming structures may be
expanded up to 30% with a Special Use Permit from the Planning Commission, which is why the
owner has submitted this request. The current size of the home is 2,970 square feet, and the
proposed addition is 595 square feet (17%). The current front setback is about 25 feet; the new
front setback will be about 19 feet. Most homes in this area have an even smaller setback, and this
addition will make the structure more in line with the surrounding homes. The driveway will still
have adequate space for two outdoor parking spaces, plus additional garage spaces. Notice was
sent to neighbors within 300 feet of this property. The neighbors to the west at 1284 Lakeshore
Drive submitted a letter in favor of the request.
A motion to close the public hearing was made by L. Spataro, supported by L. Mikesell and
unanimously approved.
A motion that the special land use permit, per Section 2203 of Article XXII of the Zoning
Ordinance, to allow a non-conforming structure to be expanded more than 30%, at 1983
Lakeshore Drive, in an R-1, Single Family Residential District, by Mary Price be approved, based
on compliance with the City’s Master Land Use Plan and conditions set forth in Section 2203 of
the City of Muskegon Zoning Ordinance with the conditions that 1) The property owner shall
permit the zoning administrator or other zoning staff in the premises at reasonable times to review
compliance with this permit, 2) The Special Land Use permit document shall be recorded with the
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register of deeds prior to establishment of the use, and 3) The Special Land Use permit shall
become null and void within one year of the public hearing if the use has not been established or
there is a violation of condition 1 – 2, was made by J. Doyle, supported by S. Gawron and
unanimously approved.
NEW BUSINESS
None
OLD BUSINESS
None
OTHER
Complete Streets Seminar – L. Mikesell attended a seminar on complete streets and shared
information on the topic with board members.
There being no further business, the meeting was adjourned at 4:22 p.m.
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Hearing, Case 2013-09: Staff initiated request to vacate the portion of Temple Street south of
Delano Avenue
BACKGROUND
The City of Muskegon has recently sold the vacant lot on Temple St 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 St, which separates the
two parcels, must be vacated. Although an easement was created for the establishment of Temple
St, the road was never created.
Temple St easement looking south from Delano Ave
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Zoning Map
Aerial Map
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DELIBERATION
I move that the vacation of Temple St south of Delano Ave be recommended to City Commission
for (approval/denial), based on (compliance/lack of compliance), with the City’s 1997 Master
Land Use Plan, with the following conditions:
1. All utility easements will be retained.
2. Structures may not be developed over the vacated street.
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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 W
Western Avenue, 781 Terrace Street, 771 Terrace Street, and 256 Market Street; for the addition
of a farmers market, by the Muskegon Downtown Development Corporation.
Applicant: Steven Novak, T4 Group, LLC
Property Address/Location: 242 W Western Avenue, 781 Terrace Street, 771 Terrace
Street, and 256 Market Street
Request: PUD Amendment
Present Land Use: Vacant
Zoning: B-3, Central Business, with a PUD Overlay
STAFF OBSERVATIONS
1. The approval for the Final PUD was given by City Commission on February 22, 2005.
2. At that time, the site plan only included the proposed street grid, location 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 use, residential
and commercial”.
3. There will be 136 vendor spaces at the new 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 W Western Ave should be eliminated for safety concerns. There are also
parking spaces located on Morris St, Terrace St and W Western Ave.
4. The project will utilize four properties currently owned by the Downtown Muskegon
Development Corporation at 781 Terrace St (1.42 acres), 771 Terrace St (1.41 acres), 256
Market St (0.21 acres), 242 W Western Ave (0.92 acres). The property and facilities will
be donated to the City after completion of the project.
5. The plan states that Market St will be vacated, however, that is an error and the street will
remain in existence.
6. The office building (3,500 sqft) will be located off of W Western Ave. 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 sqft) that will allow
for up to 16 year round vending spaces.
7. There will be two sets of restrooms. One located at the entrance on the corner of Morris
St/ Terrace St and one located near the offices off of W Western Ave.
8. The landscaping plan is located in the packet on a separate plan. A stone landscaping wall
will be constructed on the corner of Morris St and Terrace St. Most of the lot is covered
by structures or pavement. There are no landscaping islands in the parking lot, only
stripped 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.
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9. Snow storage locations should be shown on the plan. However, it should not be an issue
with only 16 year round vending spaces.
10. The Planning Department requires that the following items be amended on the site plan as
a condition of approval:
a. The parking space nearest to the entrance on W Western Ave should be
eliminated.
b. Parking islands should be considered.
11. The Engineering Department has the following conditions of approval:
a. All new sidewalks must have ADA compliance ramps at meeting of points and
curbs.
b. ADA parking spaces are not identified.
12. There were no comments received regarding this request.
Zoning Map (PUD outlined in red)
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Parcels included in the PUD request
(242 W Western Avenue, 781 Terrace Street, 771 Terrace Street, and 256 Market Street)
Aerial Map
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Ordinance Excerpt:
Planned Unit Developments
Excerpted from Section 2101: Development Options
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.
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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.
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.
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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.
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.
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;
a. open space areas and other significant environmental features;
b. existing and final topographic changes;
c. identification and directional signage:
d. a property survey prepared and certified by a licensed land surveyor;
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.
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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.
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.
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 properties at 242 W
Western Avenue, 781 Terrace Street, 771 Terrace Street, and 256 Market Street 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, subject to the following
conditions:
1.The parking space nearest to the entrance on W Western Ave is eliminated.
2.Additional parking islands are included
3.All new sidewalks must have ADA compliance ramps at meeting of points and curbs.
4.ADA parking spaces are identified.
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