Planning Commission Packet 07-16-2020

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                                                       CITY OF MUSKEGON
                                                     PLANNING COMMISSION
                                                       REGULAR MEETING

DATE OF MEETING:                       Thursday, July 16, 2020
TIME OF MEETING:                       4:00 p.m.
PLACE OF MEETING:                      Zoom/ City of Muskegon Government Facebook Page


   I. Roll Call

  II. Approval of Minutes from the special meeting of June 18, 2020.

 III. Public Hearings

  A. Hearing, Case 2020-12: Staff-initiated request to amend section 2324 of the zoning ordinance to
     allow mobile food vending as a temporary use.

 IV. New Business

    A. Marihuana district expansion discussion.

  V. Old Business

 VI. Other

 VII. Adjourn


      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 Meisch, City Clerk
                                                                     933 Terrace Street

                                   CITY OF MUSKEGON
                                 PLANNING COMMISSION
                                    SPECIAL MEETING

                                         June 18, 2020

Chairperson T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.

MEMBERS PRESENT:              T. Michalski, J. Montgomery-Keast, J. Doyle, B. Mazade, F.
                              Peterson, L. Spataro, B. Larson, S. Gawron

MEMBERS ABSENT:               E. Hood

STAFF PRESENT:                M. Franzak, H. Mitchell

OTHERS PRESENT:               S. Musselman, Damfino Development, LLC.; P. Sartorius, 1575
                              Edgewater; J. Page, 1853 Cherry.


Hearing, Case 2020-11 : Request to amend the Planned Unit Development at 187 5 Waterworks
Rd; 1490 Edgewater St; and 3400, 3460, 3474 Wilcox Ave, by Damfino Development, LLC. M.
Franzak gave the staff report. The Docks PUD was approved by the City Commission on June 25,
2019. The proposed changes in this plan are: a) The elimination of the boardwalk and platform in
Muskegon Lake. b) The beach will be removed and be replaced with a buildable lot. c) Lot #70
(Now #71) is increased in size. d) A new beach would be placed where lots 114-116 were
previously located. e) The south wall of the channel is being moved with a reduction in width from
140' to 120'. No parking spaces are proposed for the beach, nor were any proposed for the beach
in the plan that was already approved. Street parking is currently not allowed on Edgewater St.
Please see the enclosed PUD plan. Staff recommends approval of the PUD. The amended plan
reduces the density and increases the open space. M. Franzak stated that he had received public
comment from Chuck Bieszka of 1689 Edgewater who is in supp01i of the development. Roger
and Jeanne Knop of 3212 Windward who were pleased and hopeful of the development and that
the developers have been great neighbors.

B. Mazade asked if the setbacks were changed due to the changes. M. Franzak stated that they
were the same as the rest. S. Musselman added that the change was to add one lot. B. Mazade
asked about the court hearing. S. Musselman described the process that had happened and that
there is basically nothing to continue with. B. Mazade asked about the approvals from the Army
Core of Engineers and Eagle. S. Musselman stated that they received the approvals from the Army
Core of Engineers but they are waiting on approvals from Eagle. T. Michalski asked how the
density of this development would compare with the Harbour Towne development. S. Musselman
stated that the density would be very close. B. Mazade stated that the current units in Harbour
Towne were 199 but the original approval was for 248. L. Spataro asked ifthere would be any
changes to the Brownfield agreement for improvement to Edgewater if the roads change within
the development from using Edgewater. F. Peterson stated that there is little or no connectivity
with Edgewater and the development so it makes more sense to use the Brownfield money where
it qualifies. P. Smiorius stated that he was pleased with the accommodations from the agreement
with Damfino. The City has discretion to address the issues on Edgewater with Brownfield money
because the development would still have an impact on Edgewater. There should be a study
performed to find out what is needed for the Edgewater area. T. Michalski asked if the lawsuit had
been dropped. S. Musselman stated that Damfino had to sue the Edgewater area in order to amend
the plat but the Edgewater area has stepped back. J. Page stated that there was no connection with
Edgewater due to the changes in the development.

A motion to close the public hearing was made by B. Larson, suppo1ied by J. Montgomery-Keast
and unanimously approved.

A motion that the request to amend the Planned Unit Development at 1875 Waterworks Rd; 1490
Edgewater St; and 3400, 3460, 3474 Wilcox Ave be recommended to the City Commission for
approval was made by J. Montgomery-Keast, supported by B. Larson and unanimously approved
with J. Montgomery-Keast, J. Doyle, S. Gawron, B. Mazade, F. Peterson, T. Michalski, L. Spataro,
and B. Larson voting aye.



There being no further business, the meeting was adjourned at 4:21 p.m.

                                             STAFF REPORT
                                               July 16, 2020

Hearing, Case 2020-12: Staff initiated request to amend section 2324 of the zoning ordinance to allow
mobile food vending as a temporary use.


       1. Please see Section 2324 of the zoning ordinance (enclosed). This section allows for temporary
          buildings, structures and uses.
       2. Mobile food vending is allowed by Sec. 50-301 thru 50-304 of the City Ordinances (enclosed).
          However, it was initially developed to allow food vendors in the City right-of-way. Since its
          inception, it has mainly been utilized by vendors on private prope1iy. They City Commission has
          asked the Planning Commission to develop an ordinance that dictates where they may locate, their
          placement on site and how long they may be permitted.

Proposed Addition to Section 2324.

   1    Mobile Food Vending: Mobile food vending options permitted by City Ordinance Sec. 50-301 thru
          50-304 may be temporarily located in B-2, B-4, LR, WM, I-1, I-2 districts and all Form Based
          Code context areas except Urban Residential and Lakeside Residential; under the following

                       (1)    Food trucks and trailers must be placed at least five feet away from any
                              principal structure and at least three feet from any lot line. They may be placed
                              on grass, pavement or in the parking lot, but may not impede proper vehicular
                              flow on the site.
                       (2)    Trash receptacles must be located on site.
                       (3)    Permits for mobile food vending between 1 and 89 days will be reviewed
                       (4)    Permits for mobile food vending between 90 days and one year will require the
                              notification of all prope1iies within 300 feet. If no concerns are received
                              within 15 days, the permit application will be reviewed administratively. If
                              there are concerns, a public hearing at the Planning Commission will be


Staff recommends approval the proposed amendment


Motion for consideration:

I move that the request to amend Section 2324 of the zoning ordinance to allow mobile food vending as a
temporary use be recommended the City Commission for (approval/denial).



Temporary uses, buildings and structures, not used for dwelling purposes, may be placed
on a lot or parcel and occupied only under the following conditions as authorized by the
Zoning Administrator.

1.       Only the following temporary uses, buildings or structure are permitted:

         a.        Fire Damage: A temporary building or structure may be constructed
                   during renovation of a permanent building damaged by fire. The
                   temporary building or structure shall be removed within fifteen (15) days
                   after the repair of fire damage is complete. Permits issued under this
                   section shall be for a one hundred and eighty (180) day duration.

         b.        New Construction: Temporary buildings and structures incidental to
                   construction work, except those related to construction of single-family
                   dwellings, may be placed on the developing tract or parcel during
                   construction. No cooking accommodations shall be maintained. Said
                   temporary buildings shall be removed within fifteen (15) days after
                   construction is complete. The structure shall not be allowed more than
                   twelve (12) months, unless expressly authorized after petition to the
                   Zoning Administrator.

         C.        Erosion Control: Temporary fencing used for erosion control, silt
                   screening and other conventional types of temporary erosion structures
                   may only be used for the purpose of temporarily controlling the unwanted
                   movement of top soil or sand on a parcel of land. These temporary
                   structures must be removed within 15 days after conditions causing the
                   soil erosion, or unwanted movement, are eliminated or have subsided.
                   Bonafide public works projects may use temporary fencing and other
                   control methods as required to accomplish the task at hand. [amended
                   11/1 OJ

         d.        Temporary Classrooms: Up to four temporary classrooms may be
                   pe1mitted for private schools with expansion needs. Said classrooms shall
                   meet local codes and ordinances. Said buildings shall be removed within
                   fifteen (15) days after construction of any permanent structure intended for
                   expansion purposes is complete. The temporary classrooms shall not be
                   allowed more than eighteen (18) months, unless expressly authorized after
                   petition to the Zoning Administrator.

         e.        Temporary Real Estate Offices: Temporary Real Estate Offices are
                   permitted within approved development projects.            No cooking
                   accommodations shall be maintained. -The office shall be removed upon
                   completion of the development of the subdivision. The office shall not be

C:\Users\Diane.R\AppData\Local\Microsoft\Windows\!NetCache\Content.Outlook\J37NK8MX\Temporary Building Structures and

         c.        If the applicant removes the temporary structure as dictated by the permit
                   the performance guarantee shall be returned when all the terms and
                   conditions of the temporary zoning permit have been met and the
                   temporary use or structure has been removed.

3.       Temporary Zoning Permit: A temporary zoning permit may be required by the
         Zoning Administrator for any proposed temporary use, building or structure,
         except those already covered by the City's Special Events procedure, Fire Code,
         or Transient Merchants procedure. Any temporary zoning permit may be
         approved, modified, conditioned or denied by the Zoning Administrator. The
         Zoning Administrator may refer an application for a temporary zoning permit to
         the Planning Commission.

         a.        A written temporary zoning permit may be issued for any temporary use,
                   except those already covered by the City's Special Events procedure, Fire
                   Code, or Transient Merchants procedure, and shall contain the following

                   1         The applicant's name

                   11        The location and effective dates of the temporary use

                   m         Conditions under which the permit was issued, included but not
                             limited to:

                             ( 1)      use and placement of signs

                             (2)       provision for security and safety measures

                             (3)       control of nuisance factors.

                   1v        Submission of performance guarantee, if applicable

                   v         Signature of the Zoning Administrator and owner and/or operator
                             on the permit.

         b.        The zoning administrator may impose conditions with the issuance of a
                   permit which are designed to ensure compliance with the requirements of
                   this Ordinance. The Zoning Administrator may revoke a permit at any
                   time for nonconformance with the requirements of this section and a
                   permit issued thereunder.

          c.       Request for permit renewal shall be filed at least fifteen (15) days prior to
                   the expiration date of the current permit. Applications for renewal or
                   extension of a permit having a duration of fifteen ( 15) days or less shall be

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5.       Appeal: An appeal of a decision by the Zoning Administrator relative to denial of
         a temporary use, building or structure or of a temporary zoning permit or renewal
         thereof may be taken to the Zoning Board of Appeals pursuant to Section XXV of
         this Ordinance.

6.        Habitation of Accessory Structures and Travel Trailers: No recreational vehicle
          or travel trailer, fixed or portable garage, barn, m accessory buildings, or cellar
          shall be used or occupied as a dwelling.

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      § 50-202                                    MUSKEGON CITY CODE

         (b) All such required reports shall be submit-       clerk and conformance with the regulations estab-
      ted electronically using the services of an elec-       lished by this article may temporarily park and
      tronic reporting service company selected by the        engage in the service, sale, or distribution of
      city. All such filings shall comply with all require-   ready to eat food for individual portion service to
      ments regarding the specific information to be          the general public directly from the vehicle.
      supplied and time frame for doing so, as outlined
      within the applicable state statute. Each transac-         Mobile food vehicle vendor means the regis-
      tion report shall include a digital photograph of       tered owner of a mobile food vehicle or the owner's
      the article attached to the electronic transfer.        agent or employee; and referred to in this article
      (Ord. No. 2311, § 50-202, 5-14-2013)                    as "vendor".
                                                              (Ord. No. 2321, § 50-301, 4-22-2014)
      Sec. 50-203. Penalty.
                                                              Sec. 50-302. Scope.
         If a pawn broker, secondhand or junk dealer, or
      a precious metal/gem dealer does not comply with           The provisions of this article apply to mobile
      this article and/or any applicable state law, their     food vehicles/trailers/stands engaged in the busi-
      license may be revoked for a period of up to one        ness of cooking, preparing and distributing food
      year. In addition, violation of this article shall      or beverage with or without charge upon or in
      result in the imposition of a civil fine, pursuant to   public and private restricted spaces. This article
      section 46-204.                                         does not apply to vehicles which dispense food
      (Ord. No. 2311, § 50-203, 5-14-2013)                    and that move from place to place and are sta-
                                                              tionary in the same location for no more than 30
      Secs. 50-204-50-300. Reserved.                          minutes at a time, such as ice cream trucks.
                                                              (Ord. No. 2321, § 50-302, 4-22-2014; Ord. No.
                                                              2336, 3-24-2015)
                                                              Sec. 50-303. License required,
      Sec. 50-301. Definitions.                                  (a) It shall be unlawful for any person, includ-
        The following words, te1·ms and phrases, when         ing any religious, charitable or nonprofit organi-
      used in this article, shall have the meanings           zation, to operate within the city a mobile food
      ascribed to them in this section, except where the      vehicle/trailer/stand without having obtained from
      context clearly indicates a different meaning:          the city clerk a license for that purpose.

         Mobile food stand means a stand which may               (b) A person desiring to operate a mobile food
      upon issuance of a license by the city clerk and        vehicle/trailer/stand shall make written applica-
      conformance with the regulations established by         tion for such license to the city clerk. The appli-
      this article may temporarily park and engage in         cation for a license shall be on forms provided by
      the service, sale, or distribution of ready to eat      the city clerk.
      food for individual portion service to the general
      public directly from the stand.                           (c) Proof of insurance in the amount of
                                                              $1,000,000.00 naming the city as additional in-
         Mobile food trailer means a vehicle which may        sured must be p1·ovided.
      upon issuance of a license by the city clerk and
      conformance with the regulations established by            (d) All vendors receiving a license under this
      this article may temporarily park and engage in         article shall pay the monthly fee as set by the fee
      the service, sale, or distribution of ready to eat      resolution.
      food for individual portion service to the general
                                                                 (e) A license is valid for one vehicle/trailer/
      public directly from the trailer.
                                                              stand only and shall not be transferred between
        Mobile food vehicle means a motorized vehicle         vehicles.
      which may upon issuance of a license by the city        (Ord. No. 2321, § 50-303, 4-22-2014)

      Supp. No. 2                                        CD50:18
                                                 LICENSES                                           § 50-304

Sec. 50-304. Regulations.                                 (g) No flashing or blinking lights, or strobe
                                                       lights are allowed on mobile food vehicles/trailers/
   (a) No operator of a mobile food vehicle/trailed
                                                       stands or related signage when the vehicle/trailer/
stand shall park, stand or move a vehicle and
                                                       stand is parked and engaged in serving custom-
conduct business within areas of the city where
                                                       ers. All exterior lights with over 60 watts shall
the license holder has not been auth01'ized to
                                                       contain opaque, hood shields to direct the illumi-
operate. The city commission shall by resolution
identify those streets and public areas where          nation downward.
parking by mobile food vehicles/ti·ailers/stands is
permitted.                                                (h) Mobile food vehicles/trailers/stands when
                                                       parked on public streets shall be parked in con-
   (b) The customer service area for mobile food       f01·mance with all applicable parking restrictions,
vehicles/trailers/stands shall be on the side of the   and shall not hinder the lawful parking or oper-
truck that faces a curb, lawn or sidewalk when         ation of other vehicles.
parked on a street or right-of-way. No food service
shall be provided on the driving lane side of the         (i) A mobile food vehicle/trailer/stand shall not
vehicle/trailer/stand when parked on a street or       be parked on the street between the homs of 3:00
right-of-way. No food shall be prepared, sold, or      a.m. and 6:00 a.m. or left unattended and unse-
displayed outside of mobile food vehicles/trailers/    cured at any time. Any mobile food vehicle/trailer/
stands when located on a city street or right-of-      stand found to be unattended shall be considered
way.                                                   a public safety hazard and may be ticketed and
   (c) No mobile food stand may be larger than         impounded.
ten feet by ten feet nor more than 75 square feet
in size. A five foot clearance must be maintained         (j) A vendor shall not operate within 1,000 feet
on all sides of the stand within the maximum           of any city approved special event or leased park,
space allotted.                                        unless the vendor has obtained permission from
                                                       the event sponsor and or lessee. This license also
   (d) Customers shall be provided with single         does not allow for the sale of goods or services at
service articles such as plastic utensils and paper    any city-owned park/facility or farmer's market
plates and a waste container for their disposal. All   without a permit from the city.
mobile food vehicle vendors shall offer a waste
container for public use which the vendor shall           (k) The issuance of a mobile food vehicle/trailer/
empty at its own expense. All trash and garbage        stand license does not grant or entitle the vendor
originating from the operation of mobile food          to the exclusive use of any service route or park-
vehicles/trailers/stands shall be collected and dis-   ing space to the license holder.
posed of off-site by the operators each day. Spills
of food or food by-products shall be cleaned up,          (I) A vendor shall not operate on private prop-
and no dumping of gray water on the streets is         erty without first obtaining written consent to
allowed.                                               operate from the affected private property owner.
  (e) No mobile food vehicle/trailer/stand shall       A private property owner shall not permit park-
make or cause to be made any unreasonable or           ing by a mobile food vehicle/trailer/stand until a
excessive noise. The operation of all mobile food      license has been obtained to allow for such use.
vehicles/trailers/stands shall meet the city noise
ordinance, including generators. No loud music,           (m) No mobile food vehicle/trailer/stand shall
other high-decibel sounds, horns, or amplified         use external signage, bollards, seating or other
announcements are allowed.                             equipment not contained within the vehicle when
                                                       parked on city streets or right-of-ways. When
   (f) Signage is only allowed when placed on          extended, awnings for mobile food vehicles/trailer/
mobile food vehicles/trailei·s/stands. No separate     stand shall have a minimum clearance of seven
freestanding signs are permitted on city streets,      feet between the ground level and the lowest
right-of-ways, or city-owned property.                 point of the awning or support structure.

Supp. No. 2                                       CD50:19
§ 50-304                                   MUSKEGON CITY CODE

   (n) Any power 1·equired for the mobile food
vehicle/trailer/stand located on a public way shall
be self-contained and a mobile food vehicle/trailer/
stand shall not use utilities drawn from the public
right-of-way. Mobile food vehicles/trailers/stands
on private property may use electrical power from
the property being occupied or an adjacent prop-
erty, but only when the property owner provides
written consent to do so. All power sources must
be self-contained. No power cable or equipment
shall be extended at or across any city street,
alley sidewalk, or right-of-way.
  (o) Mobile food vehicles/trailers/stands shall
not be parked within 50 feet of an existing brick
and m01tar restaurant during the hours when
such restaurant is open to the public for business,
or closer than 50 feet from another approved
mobile food vehicle/trailer/stand unless the ven-
dor has obtained permission from the restaurant.
(Ord. No. 2321, § 50-304, 4-22-2014; Ord. No.
2336, 3-24-2015)

Supp. No. 2                                      CD50:20

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