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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, October 11, 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 September 13, 2012
III. Public Hearings
A. Hearing, Case 2012-20: Staff initiated request to amend Section 1504 of the zoning
ordinance to allow manufacturing when associated with port activity as a use permitted in
WI-PUD, Waterfront Industrial Planned Unit Development Districts.
B. Hearing, Case 2012-21: Staff initiated request to amend the preamble of the WI-PUD,
Waterfront Industrial Planned Unit Development Districts to modify dimensional
requirements on new principal buildings.
IV. New Business
V. Old Business
VI. Other
A. Stormwater ordinance discussion
B. Memo on transportation in I-2 Districts.
VII. Adjourn
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CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
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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
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
September 13, 2012
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: B. Larson, L. Spataro, L. Mikesell, T. Michalski, B. Mazade, J.
Doyle, B. Smith, S. Gawron
MEMBERS ABSENT: W. Parker, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: G. Bailey, 861 Bradley Ave; B. Torresen, 3256 Wilcox
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of August 16, 2012 be approved, was made by L.
Spataro, supported by J. Doyle and unanimously approved.
PUBLIC HEARINGS
None
NEW BUSINESS
Hearing, Case 2012-19: Request for a site plan review for the property at 1920 Lakeshore Dr, by
GL&V, LLC. M. Franzak presented the staff report. The subject property, zoned WM Waterfront
Marine, consists of 55.3 acres and hosts an active shipping port and the Lake Express Car Ferry.
The new building will be placed near the shipping port, just east of the Lake Express Car Ferry,
and will be used for marine contracting operations. The building is currently located at the Grand
Valley State University Annis Water Resources Institute. It is being dismantled and will be
shipped to the new location at 1920 Lakeshore Drive. The building measures roughly 10,625 sqft.
About 8,750 sqft will be used as a shop and 1,875 will be used for office space. The plan calls for
eight paved parking spaces, which is sufficient for this size building. The landscaping plan is
incomplete; however, there is enough on-site vegetation to compensate for the difference. The
Fire Department lists the following conditions for approval: 1) Owner shall contact Fire Marshall
in reference to materials and contents for shop building, 2) Owner must submit construction type
and building dimensions; this info will be required to determine fire flow and amount of hydrants
needed for project, and 3) Fire flow test shall be conducted for water supply. The Engineering and
Public Works Departments have no outstanding issues with this plan.
L. Spataro arrived at 4:02 p.m.
G. Bailey stated that they would be relocating a building they had donated to Grand Valley years
ago. L. Spataro asked if the rebuilt structure at the new location would have the same type of
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façade as the original. G. Bailey stated that they were able to save the façade and planned to reuse
it. L. Spataro stated that it was important to have a nice looking building there, because it was one
of the first things seen by ferry passengers. L. Mikesell asked for clarification on some site plan
issues involving setbacks and the gravel road shown.
A motion that the site plan for a building located at 1920 Lakeshore Dr for GL&V, LLC, be
approved, with the condition that all requirements listed in item #7 of the staff report are met prior
to issuance of a building permit, was made by B. Larson, supported by B. Smith and unanimously
approved.
OLD BUSINESS
2400 Lakeshore Drive (Melching/Sappi site) – T. Michalski stated that the Planning Commission
would hear any new information regarding the Melching site. B. Torresen questioned whether
marine-based transportation was allowed in an I-2 zoning district. He stated that it was
specifically mentioned in the WI-PUD district, but there was nothing specific about it under the I-
2 zoning. He believed the Planning Commission should revoke the site plan approval for the
docks and marine transport, as it was not allowed in an I-2 zone. T. Michalski stated that Planning
staff would look into it. B. Larson asked if the staff approval done on the storage tanks request
was a normal occurrence. B. Mazade stated that it was, for a project of that size. He stated that it
did not require Planning Commission approval, but he notified the board members so that they
were aware of it. He stated that there was an upcoming public hearing with the DEQ on October 1
regarding the docks/platforms. T. Michalski asked if there was a meeting scheduled between the
City, DEQ, and Melching, and if the Planning Commission could get a report on those
proceedings. B. Mazade stated that there was a meeting scheduled, and he would inform the
Planning Commission of any pertinent information.
OTHER
Form-Based Codes – Staff and board members discussed Form Based Codes and the possibility of
including them in the zoning ordinance. M. Franzak stated that the Master Plan needed to be
updated in 2013 and there was a possibility of incorporating them at that time. J. Doyle asked if it
was possible to test out the Form Based Codes a small section of the City. M. Franzak stated that
that was an option. L. Spataro stated that much of the information on Form Based Codes was
compatible with the City’s current B-3 zoning. He stated that there were things that could be done
to tweak the existing ordinance without redoing the entire thing. L. Mikesell suggested starting
the process with a review of the B-3 zoning district. Form Based Codes will be discussed further
as Master Plan updates are considered.
There being no further business, the meeting was adjourned at 4:53 p.m.
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
October 11, 2012
Hearing, Case 2012-20: Staff initiated request to amend Section 1504 of the zoning ordinance to
allow manufacturing when associated with port activity as a use permitted in WI-PUD, Waterfront
Industrial Planned Unit Development Districts.
BACKGROUND
1. The zoning ordinance currently does not allow for manufacturing in WI-PUD Districts.
However, the Waterfront Redevelopment Sub-Plan of 1999 states that this property is in
the Port Node, which should allow uses such as cargo warehousing, intermodal logistics,
Foreign Trade Zones and Industrial Uses.
2. The preamble of the WI-PUD District section of the zoning ordinance states: “It is further
the intent of this district to require planned unit developments for all projects to ensure a
mix of port uses that enhances the industrial economic base of the city. The planned unit
development tool shall be applied to promote flexibility in development and to enhance
functional relationships among uses in the district.
3. Allowing manufacturing would enhance the industrial economic development bade of the
city and promote flexibility between the surrounding districts.
4. All developments in WI-PUD Districts are required to be Planned Unit Developments. All
Planned Unit Developments require public hearings. Neighboring properties within 300
feet of the project parcel will be notified in writing whenever there is a Planned Unit
Development.
5. The only WI-PUD District currently in the city is located at 205 E. Western Ave. Staff has
been in contact with the owners and they are working with a manufacturing company that
needs port access.
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WI-PUD District at 205 E Western Ave
Aerial photo of 205 E Western Ave
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Excerpt form the Waterfront Redevelopment Sub-Plan of 1999
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Ordinance Excerpt:
Please see enclosed zoning ordinance excerpt on WI-PUD – Waterfront Industrial Planned Unit
Development Districts.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
SECTION 1504: USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as
planned unit developments. Planned unit developments shall be reviewed and approved by the
Planning Commission and City Commission subject to the conditions outlined below.
PRINCIPAL USES:
1. Water transportation of freight.
2. Railroad and auto passenger ferries.
3. Marine cargo handling; loading, unloading and stevedore facilities.
4. Marine terminal uses including ancillary inter-modal transportation operations.
5. Any use with outside storage of aggregate, limestone, coal, slag, salt, sand or other bulk
materials shipped by commercial watercraft vessels and or barges.
6. Grain elevators.
7. Bulk and warehouse storage of goods shipped by commercial maritime vessels.
8. Towing and tugboat services for commercial freight water vessels.
9. Barge fleeting, mooring and servicing.
10. Lighterage.
11. Commercial engine and hull repair.
12. Marine dock, breakwater, harbor construction and repair contracting.
13. Marine dredging contractors.
14. Palletizing, decanning, container stripping and packing operations associated with
maritime shipping and transport.
15. Bulk liquid facilities of non-hazardous materials.
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16. Material recovery facilities that are entirely contained in buildings.
17. Commercial fishing facilities.
18. Manufacturing that is dependent on port facilities.
19. Any other uses which meet the intent of this district as deemed by the Planning
Commission and City Commission; except that in no case shall a prohibited use be
permitted.
SECTION 1505: PROHIBITED USES
1. Asphalt batching.
2. Cement processing.
3. Storage of petroleum products stored in excess of 1,000 gallons.
4. Hazardous material or hazardous chemical storage or transport.
5. Ship cleaning.
6. Salvage yards, ship scrapping, dismantling and wrecking operations not wholly contained
in buildings.
7. Livestock holding.
8. Marine Salvage.
9. Manufacturing.
10. Open storage of fertilizers, agricultural lime and other chemicals.
11. Billboards.
DELIBERATION
I move that the proposed amendment to Section 1504 of the City of Muskegon Zoning Ordinance,
be recommended to the City Commission for (approval/denial).
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Hearing, Case 2012-21: Staff initiated request to amend the preamble of the WI-PUD,
Waterfront Industrial Planned Unit Development Districts to modify dimensional requirements
on new principal buildings.
BACKGROUND
1. All developments in WI-PUD Districts are required to be Planned Unit Developments.
Flexibility is already allowed with dimensional requirements in PUD’s, but staff feels it
would be beneficial to state that in the preamble of the WI-PUD District.
2. A developer will often be granted flexibility in a PUD if it is imperative for the project or
if they can agree to other project modifications at the City’s request.
Ordinance Excerpt:
SECTION 1507: AREA AND BULK REQUIREMENTS
The following are meant as general guidelines. Through the process of the Planned Unit
Development process, the Planning Commission may determine that changes to the standards are
appropriate to both meet the needs and objectives of the project and the city.
1. Minimum lot size: 43,560 sq. feet.
2. Maximum lot coverage:
Buildings: 75 %
Pavement: 25 %
3. Lot width: 150 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 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:
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Minimum:
Expressway, Arterial Street or Major Street: 30 feet
Collector 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]
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NEW LANGUAGE
Deletions are crossed out and additions are in bold:
WI-PUD Waterfront Industrial Planned Unit Development
WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
[amended 4/00]
PREAMBLE
The Waterfront Industrial PUD district is established primarily for water-dependent, commercial
shipping of bulk, general cargo, or container goods by freighter, bulk carrier, tanker, tug barge, or
other similar commercial vessels. The WI-PUD District is intended to promote the consolidation
of commercial port activities at the eastern terminus of Muskegon Lake because of its proximity to
the interstate, established industrial uses, and isolation from residential zones. The intent is to
localize this district to promote symbiotic relationships among industrial port activities and to
discourage the expansion of such activities elsewhere along Muskegon Lake frontage. It is further
the intent of this district to require planned unit developments for all projects to ensure a mix of
port uses that enhances the industrial economic base of the city. The planned unit development
tool shall be applied to promote flexibility in development and to enhance functional relationships
among uses in the district. Area and bulk requirements can be modified during the planned
unit development process.
The general categories of uses permitted in the WI-PUD district are associated with standard
industrial classifications, major group industry 44, "Water Transportation" as found in the 1987
Standard Industrial Classification Manual prepared by the Executive Office of the President,
Office of Management and Budget.
DELIBERATION
I move that the proposed amendment to Section 1504 of the City of Muskegon Zoning Ordinance
be recommended to the City Commission for (approval/denial).
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Memo
To: Planning Commission
From: Mike Franzak, Zoning Administrator
Date: 4/5/2023
Re: Transportation in I-2, General Industrial Districts
At the end of the September 13 Planning Commission meeting, staff was asked to
clarify which shipping methods are allowed in I-2, General Industrial Districts.
Staff has reviewed the zoning ordinance and has determined that there is not any
mention of allowed or restricted types of shipping methods in I-1, Light Industrial
Districts or I-2, General Industrial Districts. Staff has always interpreted this to
mean that all modes of transportation are allowed in these types of districts
because industries depend on a variety of shipping methods such as truck, rail
and ship. The zoning ordinance does not make any mention of restricting an
industrial zoned property with water frontage from utilizing port transportation.
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