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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, December 13, 2012
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 15, 2012
III. Public Hearings
A. Hearing, Case 2012-23: Request to amend the Planned Unit Development at 372 Morris
St and approve the final plans for Phase 1, by Shoreline Market LLC.
IV. New Business
A. Case 2012-24: Request for a site plan review for a building addition at 200 Harvey St by
the Muskegon Area Intermediate School District.
V. Old Business
VI. Other
A. Zoning Ordinance update discussion
B. Jon Rooks project
VII. Adjourn
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
November 15, 2012
Vice Chairman B. Larson called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: B. Larson, L. Spataro, L. Mikesell, B. Mazade, J. Doyle, S. Gawron,
T. Michalski, B. Smith, W. Parker
MEMBERS ABSENT: None
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: B. Gilbert, Fatty Lumpkins, 971 Washington; J. Schultz, Schultz
Landscaping; D. Cumings, 1012 Washington Ave; J. Kennedy, 316
Morris Ave; A. Schafer, 1815 Leahy
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of October 11, 2012 be approved, was made by B.
Larson, supported by L. Mikesell and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2012-18 (Tabled): Request for a Special Land Use Permit, per Section 601 of
Article VI of the Zoning Ordinance, to have a private noncommercial recreation area at 966
Washington Ave, by Brett Gilbert. M. Franzak presented the staff report. This case was tabled at
the September 13, 2012 meeting at the applicant’s request. The property at 966 Washington Ave is
a vacant lot and is zoned RT, Two Family Residential. Brett Gilbert, the owner of Fatty Lumpkins
Sandwich Shop across the street at 971 Washington Ave, has purchased 966 Washington Ave and
would like to create a recreation area with outdoor seating, a pergola, bike racks, art, landscaping
and a parking area. The site would be open to the general public and would also be a place where
customers form the sandwich shop can park and eat. Private noncommercial recreation areas are
allowed in RT Districts with a Special Land Use Permit from the Planning Commission. The
sandwich shop currently does not have adequate parking. During busy hours, parking can become
a problem in the area, with many people parking illegally on the road and using adjacent businesses
for parking. This project was recently awarded a $1,000 grant from a place-making competition.
The site plan should be more detailed showing a scale, the size and type of dumpster screening,
landscaping types and street labels. Staff recommends that if approved, a condition should be
placed that any site plan amendments should be reviewed by the Zoning Administrator. An
industrial building is located to the north of this property, a house is located to the west, the
Watermark Condos are located to the east, and businesses are located to the south. A notice letter
was sent to all properties within 300 feet of this property. Staff has received three messages from
the public, all in favor of the project.
B. Larson asked how maintenance of the site would be handled. B. Gilbert stated that they would
adhere to City standards regarding mowing and upkeep of the site. He stated that it would be open
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to the public, and they had a lot of community support for the idea. T. Michalski asked M. Franzak
if this was similar to a pocket park. M. Franzak stated that it was similar in concept, but this
property was privately owned. L. Spataro reviewed the site plan and asked about the Dumpster
enclosure and parking spaces. M. Franzak stated that he included in his staff report that a more
detailed site plan needed to be provided, which would cover those items in more detail. J. Doyle
asked what the lighting requirements for the site were. B. Gilbert stated that they preferred
minimal lighting, if any was required. M. Franzak stated that the site review process would address
lighting requirements, and all lighting must be 100 percent cutoff. W. Parker asked if there would
be alcohol or music on the site. B. Gilbert stated that it was not their intent to host those types of
gatherings there; however, if they did want to have a small event there in the future, he would go
through the City’s special event application process. He stated that the site was not equipped for
major events. T. Michalski asked if a “bring your own beer” scenario was legal there. B. Gilbert
stated that they would not allow that. T. Michalski suggested that he erect a sign at the park stating
that no alcohol was allowed on the premises. J. Schultz stated that he was doing the landscaping at
the park, and addressed the maintenance questions. He stated they would be using low
maintenance plantings, and added that many neighbors expressed interest in the project and a
willingness to help out with maintaining the park.
A motion to close the public hearing was made by L. Spataro, supported by B. Larson and
unanimously approved.
A motion that the request for a Special Land Use Permit per Section 601 of Article VI of the
Zoning Ordinance, to allow a private non-commercial recreation area at 966 Washington Avenue,
be approved as long as an amended site plan is approved by the Zoning Administrator, was made
by L. Spataro, supported by B. Smith and unanimously approved.
Hearing, Case 2012-22: Request to rezone the property at 137 East Laketon Avenue from B-2,
Convenience and Comparison Business District to B-4, General Business District, by Jack
Kennedy. M. Franzak presented the staff report. The applicant will be purchasing 109 and 137 E.
Laketon Avenue. Both properties are zoned B-2, Convenience and Comparison Business District.
He would like to rezone the property at 137 E Laketon Ave. to B-4 General Business, so that it may
be used for a funeral home. There currently no plans for the building at 109 E. Laketon Ave. The
property at 137 E. Laketon Ave was last used as a physical therapy office. Prior to that, it was used
as a funeral home. This case is only for the rezoning of the property to B-4, General Business
District. If approved, the property would be allowed all of the uses in that district, which includes
funeral homes. However, because it will be a change of use from office to funeral home, it will
require a minor site plan review from staff. Parking may become an issue during the review.
Funeral homes require one parking space for every 25 square feet of usable floor area of chapels
and assembly rooms. The building measures roughly 2,900 square feet. The applicant has stated
that the two properties will share parking and will be able to have 32 parking spaces. The hospital
is located to the north of the property. Residential districts are to the east and south. Marsh Field is
located to the west of 109 E. Laketon Ave. A notice letter was sent to all properties within 300 feet
of this property. Staff has received one comment in opposition of the rezoning from Maria Avila,
owner of 1847 Hoyt, who stated that she would not like a funeral home that close to her house.
L. Spataro asked if the rezoning would create a spot-zone issue. M. Franzak stated that it would
not, because it was a large enough parcel and there were other businesses nearby. J. Doyle asked
about the parking at the previous funeral home. M. Franzak stated that the parking had been
grandfathered. J. Kennedy described his business background. T. Michalski asked if the business
had a garage, and if not, how the transportation of bodies would be handled. J. Kennedy stated that
it did not have a garage, but the lot in back of the building was fenced for privacy. A. Schafer was
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concerned about the limited parking, since his house was adjacent to this property. He stated that
he was in favor of the request, as long as it did not negatively impact his property. L. Mikesell
asked how many parking spots they were short. M. Franzak stated that he couldn’t tell yet, since a
site plan had not been submitted. J. Kennedy stated that the plans were for an alternative type of
funeral home, which would be more economical than the traditional funeral home. He expected
less parking needs, but had talked to Hackley Hospital about possible shared parking if needed. W.
Parker stated that there would be some on-street parking available near the site also. L. Spataro
stated that a funeral home was a historic use at this site.
A motion to close the public hearing was made by B. Larson, supported by J. Doyle and
unanimously approved.
A motion that the request to rezone the property located at 137 East Laketon Avenue from B-2,
Convenience and Comparison Business to B-4, General Business as described in the public notice,
be recommended for approval to the City Commission, was made by J. Doyle, supported by L.
Spataro and unanimously approved.
NEW BUSINESS
None
OLD BUSINESS
Sappi Discussions – B. Larson asked about the status of the Sappi property. B. Mazade stated that
the matter would be discussed at the City Commission’s December 10 work session, and any public
input was welcome at that time. B. Larson asked if the advisory vote was proper. L. Spataro stated
that the Mayor had previously indicated that the City must wait for a legal finding from its counsel
before that matter can proceed.
OTHER
Zoning Ordinance update – M. Franzak stated that the City’s Master Plan was not yet ready for a
complete overhaul; however, the zoning ordinance was now over 25 years old. He proposed a
review and update of the entire zoning ordinance, with form-based codes being incorporated in the
B-3 zoning districts. L. Mikesell asked when work would start. M. Franzak stated that staff was in
the process of contacting consultants to get an idea of the cost. He hoped to start in the spring of
2013.
Jail relocation proposal – L. Spataro stated that he had been involved in discussions regarding the
possible relocation of the county jail, and the possibility of vacating downtown street(s) had been
brought up. He believed that it would be a huge step back for the City’s downtown, and urged
Planning Commissioners to reach out to County Commissioners to express their views and make
them aware of the impact on the neighboring community. J. Doyle concurred that the complete
street concept was important.
There being no further business, the meeting was adjourned at 4:55 p.m.
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
December 14, 2012
Hearing, Case 2012-23: Request to amend the Planned Unit Development at 372 Morris St and
approve the final plans for Phase 1, by Shoreline Market LLC.
BACKGROUND
1. This final PUD was approved at the June 14, 2012 Planning Commission meeting, with the
condition that each phase of the project is brought back the Planning Commission for a site
plan review and PUD amendment.
2. This review is for Phase 1 of the project, which consists of two buildings constructed of
traditional materials and also some shipping container buildings.
3. The Nextwork building, which fronts Morris St, will be a mixed-use building constructed
with traditional materials, consisting of retail on the first floor and office space on the
remaining floors. The plan states that it may be a two or three story building. It would be
16,250 sqft total if three story and 12,500 sqft total if two story. This building will have a
front set back of 22 feet from the sidewalk. The Evans & Franks building to the west is set
back 15 feet from the sidewalk. The Social Security building to the east is set back 18 feet
from the sidewalk. Staff suggests that the setback of the new building be closer to 15 feet,
since it will be located closer to the Evans & Franks building.
4. The Fresh Market building will also be constructed with traditional materials. This
building runs perpendicular to Morris St and will offer space to retailers such as florists,
butchers, bakery, etc. There will be entrances and facades on both the front and back
portions of the building. The plan does not depict where the loading spaces will be for this
building.
5. The shipping containers will be located north of the Nextwork building. The plan calls for
15 shipping containers to be used for retail. They may be combined or used separately.
There will also be an “Artisan Market” constructed from several shipping containers,
which will offer space for artists. This will be located just west of the other containers and
measures 2,650 sqft. Staff recommends that a condition on approval be that all changes
made when developing the containers require either staff or Planning Commission
approval, depending on how large of a change.
6. There are two curb cuts that will allow for ingress and egress to the property. The eastern
curb cut will include a large “drive through” sign that intends to draw people to the area.
Just to the west of the sign, there is a proposed open air pavilion that will serve as a
gathering place. Phase 1 will mainly utilize the western curb cut from traffic and most
customers would not drive through the sign.
7. There are 61 proposed parking spaces for Phase 1. There are 42 spaces near the containers,
including four proposed parking lot lights. There are 19 spaces east of the Fresh Market.
However, there aren’t any proposed lights there. Staff recommends additional east of the
Fresh Market.
8. There are 13 planter pots proposed for phase 1. However, there aren’t any proposed east of
the Fresh Market. Staff recommends planters along the building, since landscaping in the
ground will not be allowed due to site contamination restrictions. Also, these planters are
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not shown in detail or what will be planted in them. Staff recommends that additional
information be submitted on the design of the pots and the type of plants. A mixture of
trees and shrubs should be used. Also, the planters at the Social Security building are look
very dull with no stamping. Stamping and design elements should be incorporated in all
planting pots.
9. Signage is not depicted on this plan. However, given the uniqueness of the project, there
may be requests for signage that is not allowed by the ordinance. The containers may
require more than the permitted allotment of signage to be successful. Staff recommends
that traditional signage requirements shall be met for the Nextwork and Fresh Market
buildings, but the container signage may be approved at staffs discretion.
10. The plans do not show any proposed trash receptacles. Staff recommends that all trash
receptacles be shown with proper screening.
11. The Fire Department lists the following conditions on approval
a. An amended site plan shall be sent identifying locations of all fire hydrants in general
area of construction project.
b. Fire flow water supply test shall be submitted to Fire Marshall and fire protection
person for fire sprinkler company.
c. Pavement shall have capability of withstanding weight of 76,000 lb fire apparatus.
12. The Department of Public Works lists the following conditions on approval
a. This project will require a master meter. The water meter shall be placed in an
approved vault or meter pit. The meter pit/vault shall be located at the property line.
The Nextwork building may be metered separately.
13. The Planning Department lists the following conditions on approval
a. Adequate parking lot lighting be placed east of the Fresh Market building.
b. A separate landscaping plan be submitted depicting the design of the planters and types
of landscaping to be used.
c. The location and screening type of all trash receptacles must be shown.
d. Loading spaces must be shown for the Fresh Market and any other necessary location.
372 Morris St, looking north from Morris St.
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DELIBERATION
I move that the request for an amendment to the PUD at 372 Morris St, per Section 2101 of the
Zoning Ordinance, to approve the site plans for Phase 1 of the development, be (approved/denied),
with the conditions listed in the staff report.
Case 2012-24: Request for a site plan review for a building addition at 200 Harvey St by the
Muskegon Area Intermediate School District.
BACKGROUND
1. The property is zoned RM-1, Low Density Multiple Family Residential District.
2. The Muskegon Area Career Tech Center will be putting a 15,401 sqft addition onto the
existing building. This building is located on the northwestern end Muskegon Community
College campus.
3. There is not any addition parking proposed, however staff feels that there will be adequate
parking after the addition, as there are too many parking spaces as of now.
4. The Fire Department places the following conditions on approval.
a. Fire flow water supply testing shall be conducted. Results shall be sent to State of MI
LAWA bureau of Fire Service and local Fire Marshall.
b. Hydrant requirements shall comply with IFC 2009 appendix B for amount of required
and placement locations. Architects shall contact local Fire Marshall if they have any
questions.
Career Tech Center looking east from Harvey St.
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Back of Career Tech Center looking west.
DELIBERATION
I move that the site plan submitted for 200 Harvey St be (approved/denied), with the conditions
listed in the staff report.
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