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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, May 10, 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
III. Public Hearings
A. Hearing, Case 2012-10: Request to rezone the property at 1776 Division St from R-1
Single Family Residential District to B-4, General Business District, by Michael David.
B. Hearing, Case 2012-11: Request for a special land use permit, per section 1301 of
Article XIII of the zoning ordinance, to allow for automobile sales in a B-4, General
Business District at 1776 Division St, by Michael David.
C. Hearing, Case 2012-12: Staff initiated request to vacate Waalkes St, between Delano
Ave and Young Ave.
IV. New Business
V. Old Business
Staff report on 2400 Lakeshore Dr.
VI. Other
VII. Adjourn
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
April 12, 2012
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, B. Larson, J. Doyle, B. Mazade, L. Spataro, S.
Warmington, W. Parker, Leann Mikesell
MEMBERS ABSENT: B. Smith, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: J. Hughes, Hughes Builders, 3279 E. Laketon Ave; L. Page, 3328
Wilcox; D. Wilbur, 2294 Madeline Ave; J. Rudicil, 3639 Marina
View Pt; D. Mills, 1817 Mills Ave; Resident of 4380 Hackley Point
Ln; B. Moore, 1873 Harrison
APPROVAL OF MINUTES
A motion that the minutes of the special meeting of February 23, 2012 be approved, was made by
S. Warmington, supported by B. Larson and unanimously approved.
PUBLIC HEARINGS
Case 2012-009: Request for a site plan review for the property at 2325 Sheridan Rd, by Port City
Group. M. Franzak presented the staff report. Zoning of the subject parcel is I-2, General
Industrial district. It is located in the Port City Industrial Park, surrounded by industrial properties
on all sides. The parcel measures 9.93 acres, and there are currently two separate facilities on this
property. The northernmost facility is 35,300 square feet, and the southernmost facility is 12,500
square feet. The addition will measure 13,849 square feet and will connect the two existing
facilities. It will be used for warehousing, and there is adequate parking for this use. The
southernmost parking lot is rarely used under the current conditions. The Fire Department has the
following conditions of approval: Fire hydrants shall meet city specs.; Fire flow calculations shall
be conducted to determine pipe size for water main; Hydrant spacing and placement shall comply
with IFC 2009 edition appendix C Table C 105.1. The Planning Department has the following
conditions of approval: A revised site plan must be submitted showing the western property line
and setback; A landscaping plan must be submitted; The height of the building must be listed on
the plan. The Public Works Department has no outstanding issues with the site plan, nor does the
Engineering Department. Staff recommends approval of the site plan for the building addition
subject to the conditions listed. J. Hughes stated that the company anticipated adding 15 new jobs.
A motion that the site plan for the building addition located at 2325 Sheridan Road for the Port
City Group be approved, with the condition that all requirements listed in items #5 and #6 of the
staff report be provided as needed on a revised site plan prior to issuance of a building permit, was
made by L. Spataro, supported by B. Larson and unanimously approved.
OLD BUSINESS
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None
OTHER
Former Sappi site at 2400 Lakeshore Drive. Several people showed up at the meeting to voice
their concerns over the Melching/Sappi site. L. Page asked the Planning Commission to exercise
its authority under the Zoning Ordinance to change the zoning on the parcel from General
Industrial to Waterfront Marine. He stated that the City’s Master Plan stated that the parcel was
not to remain industrial after the paper mill ceased operation. L. Spataro reiterated the discussion
from a prior Planning Commission meeting: Melching was advised that they needed a master plan
for the site, environmental clean-up was not under the Planning Commission’s authority, and the
City preferred negotiation and working cooperatively with the property owner to end up with a
favorable outcome for all. T. Michalski stated that the Planning Commission could not take action
at this meeting, as the request would require public notice. The City would also need to seek
information from its legal counsel. D. Wilbur stated that he previously worked for Melching, and
it was his opinion that Mr. Melching was concerned with the environment and doing things
properly. T. Michalski clarified that the Commission did not have an issue with the way the
property was being dismantled; the concern was what the property would be used for in the future.
J. Rudicil stated that Muskegon was on the verge of becoming a great place to retire, and the
future of this property was important to that. He wished to slow down the process and ensure
transparency in decisions made regarding the use of the property. D. Mills stated that he was
concerned with lake pollution, and that all property owners on the lake had a stake in this site.
Another resident concurred with the desire to slow down the redevelopment so that all concerns
could be addressed. She was concerned about the pollution on the site and didn’t want a rush to
redevelop before that was investigated. She stated that this was a 100-year decision that would
affect the City for years to come. B. Moore challenged the City and community to write a plan for
the site, and suggested a new zoning district tailored to fit this large parcel. She preferred to see a
broad mixed use at the site that would contribute to the residents’ quality of life. B. Larson
addressed the suggestion that the City take the property under eminent domain. He stated that was
not a reasonable solution, as the City had no money for that and the current property owner had
legitimate rights to the property he bought. He stated that he would still like the City and the
public to have some say in redevelopment of the property. T. Michalski stated that it was
necessary to work with the property owner, and he referred the matter back to staff for further
research into what could be done at the site.
There being no further business, the meeting was adjourned at 4:38 p.m.
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
May 10, 2012
Case 2012-010: Request to rezone the property at 1776 Division St from R-1 Single Family
Residential District to B-4, General Business District, by Michael David.
STAFF OBSERVATIONS
1. The applicant owns the residential property at 1776 Division St (zoned R-1, Single Family
Residential) as well as the adjacent car lot (zoned B-4, General Business) at 860 W
Laketon Ave.
2. The applicant is requesting a zone change at 1776 Division St from R-1 to B-4 so that he
may apply (Case 2012-011) for a special use permit to extend the car lot onto the property
at 1776 Division St.
3. The house at 1776 Division St is currently registered as a vacant building with the City of
Muskegon’s Vacant Building Registration Program. The house has been vacant since
November 17, 2008. The plans for the expansion of the car lot show that the house would
be demolished to make room for more sales space; however, if the property was rezoned
and the house was not demolished, the rezoning to B-4 would allow the building to be used
as another office or for storage, which would take the building off of the Vacant Building
Registration Program.
4. The applicant was approved for a car lot at 721 E Laketon Ave on July 15, 2010; however,
the car lot never opened and the improvements to the property were never made.
5. The parcels to the east, west and south are zoned B-4, General Business District. The
parcels to the north are zoned R-1, Single Family Residential. Although the parcels to the
west are zoned B-4, General Business District, it should be noted that they are currently
houses that are occupied.
6. The parcel at 1776 Division St measures roughly 5,663 sqft and is considered legally non-
conforming because it does not meet the minimum lot size of 6,000 sqft.
7. The parcel at 860 W Laketon Ave measures roughly 10,890 sqft and is considered a
conforming lot for B-4, General Business Districts.
8. A notice letter was sent to all property owners and tenants within a 300 foot radius of this
property. At the time of this writing, staff has not received any comments from the public.
9. Please see enclosed zoning ordinance excerpts of R-1, Single Family Residential Districts
and B-4, General Business Districts.
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Zoning Map
Aerial Map
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House at 1776 Division St. with car lot in the background
Car lot at 860 W Laketon Ave with house at 1776 Division St in the background.
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Houses at 1773 & 1781 Division St (zoned B-4) as viewed from 1776 Division St.
STAFF RECOMMENDATION
According to the 1997 Master Plan, the Sub Area Plan for this area recommends: “Other than
neighborhood businesses directly linked to the area, prohibit further encroachment of commercial
development within the interior portions of the sub-area.” Based on this recommendation from the
Master Plan, staff does not recommend approval of the rezoning.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the
approval or denial of the petition?
3. What is the impact of the amendment on the ability of the city to provide adequate public
services and facilities and/or programs that might reasonably be required in the future if
the petition is approved?
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding property?
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5. Does the petitioned zoning change generally comply with the adopted Future Land Use
Plan of the City?
6. Are there any significant negative environmental impacts which would reasonably occur
if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites, or
wildlife areas.
7. Is the proposed zoning change a “Spot Zone”?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those allowed in
the vicinity?
c. Would the zoning change confer a benefit to the property owner that is not
generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
The following motion is offered for consideration:
I move that the request to rezone the property located at 1776 Division St. from R-1, Single
Family Residential District to B-4, General Business District, as described in the public notice, be
recommended for (approval/denial) to the City Commission pursuant to the City of Muskegon
Zoning Ordinance, and the determination of (compliance/lack of compliance) with the intent of
the City Master Land Use and zoning district intent.
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Hearing, Case 2012-11: Request for a special land use permit, per section 1301 of Article XIII of
the zoning ordinance, to allow for automobile sales in a B-4, General Business District at 1776
Division St, by Michael David.
STAFF OBSERVATIONS
1. The applicant owns the residential property at 1776 Division St (zoned R-1, Single Family
Residential) as well as the adjacent car lot (zoned B-4, General Business) at 860 W
Laketon Ave.
2. The applicant is requesting to amend his special use permit for auto sales so that he may
extend the car lot onto the property at 1776 Division St.
3. The house at 1776 Division St is currently registered as a vacant building with the City of
Muskegon’s Vacant Building Registration Program. The house has been vacant since
November 17, 2008. The plans for the expansion of the car lot show that the house would
be demolished to make room for more sales space; however, if the property was rezoned
and the house was not demolished, the rezoning to B-4 would allow the building to be used
as another office or for storage, which would take the building off of the Vacant Building
Registration Program.
4. The applicant was approved for a car lot at 721 E Laketon Ave on July 15, 2010; however,
the car lot never opened and the improvements to the property were never made.
5. The parcels to the east, west and south are zoned B-4, General Business District. The
parcels to the north are zoned R-1, Single Family Residential. Although the parcels to the
west are zoned B-4, General Business District, it should be noted that they are currently
houses that are occupied.
6. The parcel at 1776 Division St measures roughly 5,663 sqft and is considered legally non-
conforming because it does not meet the minimum lot size of 6,000 sqft.
7. The parcel at 860 W Laketon Ave measures roughly 10,890 sqft and is considered a
conforming lot for B-4, General Business Districts.
8. The site plan shows that the home will be demolished and the lot will be paved so that the
sales lot may be extended. The site plan also shows screening from the adjacent residential
lot to the north; however, a landscaping plan and storm water management plan were not
included. Any approval should include a condition that a revised site plan be submitted
and approved by the Zoning Administrator.
9. A notice letter was sent to all property owners and tenants within a 300 foot radius of this
property. At the time of this writing, staff has not received any comments from the public.
DELIBERATION
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
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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Find that the proposed use or activity would not be offensive, or a nuisance, by reason of increased
traffic, noise, vibration, or light.
Adequate water and sewer infrastructure exists or will be constructed to service the Special Land
Use or activity.
The proposed site plan complies with section 2330 of 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 special land use permit, per Section 1301 of Article XIII of the Zoning Ordinance,
to allow vehicle sales in a B-4, General Business District at 1776 Division St, by Michael David,
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 (based on the following conditions--only if approved):
CONDITIONS
1. A revised site plan meeting all of the zoning ordinance requirements be submitted to the Zoning
Administrator.
2. All signage requires a permit and must comply with the zoning ordinance.
3. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
4. The Special Land Use permit document shall be recorded with the register of deeds prior to
establishment of the use.
5. 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 - 4.
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Hearing, Case 2012-12: Staff initiated request to vacate Waalkes St, between Delano Ave and
Young Ave.
BACKGROUND
The City of Muskegon has recently sold the vacant lot on Delano Ave in the Seaway Industrial
Park to Wood Trucking. Wood Trucking 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, Waalkes St, which separates the
two parcels, must be vacated. Although an easement was created for the establishment of Waalkes
St, the road was never created.
Zoning Map
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Aerial Map
Waalkes St, looking north from Delano Ave Waalkes St, looking south from Young Ave
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STAFF RECOMMENDATION
Staff recommends approval of the request.
DELIBERATION
I move that the vacation of Waalkes St from Delano Ave to Young 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.
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