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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, January 10, 2008
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 of the regular meeting of December 13, 2007.
III. PUBLIC HEARINGS
A. Hearing; Case 2008-01: Staff-initiated request to amend Section 1901 (Special
Land Uses Permitted) of Article XIX, (WM, Waterfront Marine Districts), of the
zoning ordinance, to add museums as a special land use in an WM district.
B. Hearing; Case 2008-02: Request for a Special Land Use Permit, per section
1901 (#6) of Article XIX of the Zoning Ordinance to allow for a museum ship at
the Mart Dock, 560 Mart Street, by Raymond J. Hilt, SS Milwaukee Clipper
Preservation, Inc.
C. Hearing; Case 2008-03: Request to amend the Final PUD for 100 Muskegon
Mall for the properties located at 333 W. Western Avenue, to allow for a mixed
use of restaurant, office, and retail uses, by Jack Wallen, New Trend Investments,
LLC.
IV. OLD BUSINESS
V. OTHER
VI. Adjourn
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
January 10, 2008
Hearing; Case 2008-01: Staff initiated request to amend Section 1901 (Special Land Uses
Permitted) of Article XIX, (WM, Waterfront Marine Districts), of the zoning ordinance, to add
museums as a special land use in an WM district.
BACKGROUND
Currently, museums are allowed only in B-3, Central Business and OSR, Open Space Recreation
zoning districts, and then only with a special land use permit. The Preamble of the Waterfront
Marine district states that the districts “are designed to accommodate boating and water oriented
land and building use along with those activities and services related to harbor and waterway
improvements. “ Therefore, adding this use seems to compliment other uses already allowed in
a Waterfront Marine district, which include marinas, restaurants, and hotels, to name a few.
Some of these uses, and others allowed with a special land use permit, add character and attract
tourists, and allow our area residents to enjoy more use of our lakefront properties.
Adding museums as a special land use in the Waterfront Marine zoning district would allow the
Milwaukee Clipper, or any other museum ship, to dock at any port located within a Waterfront
Marine zoning district, with whatever conditions Planning Commission would want to impose.
It would also allow any other type of museum to locate on any property within a Waterfront
Marine zoning district, upon securing a special land use permit from the Planning Commission.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Section 1901, new #6
6. Museums
DELIBERATION
I move that the amendments to Section 1901, of Article XIX, WM, Waterfront Marine Districts,
of the City of Muskegon Zoning Ordinance to add museums as a special land use in a WM,
Waterfront Marine District, be recommended to the City Commission for (approval/denial).
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Hearing; Case 2008-02: Request for a Special Land Use Permit, per section 1901 (#6) of
Article XIX of the Zoning Ordinance to allow for a museum ship at the Mart Dock, 560 Mart
Street, by Raymond J. Hilt, SS Milwaukee Clipper Preservation, Inc.
Applicant: Special Land Use Permit
Property Address/Location: 560 Mart Street
Request: Allow a museum ship in a WM, Waterfront Marine
District.
Present Land Use: Dock and storage uses.
Zoning: WM, Waterfront Marine District
STAFF OBSERVATIONS
1. This request is to allow the SS Milwaukee Clipper to dock at the Mart Dock site,
contingent on the addition of museums being added as a “Special Land Use” in the
Waterfront Marine District, in the previous case. The Planning Commission’s
recommendation to the City Commission would need to be approved for this request to
formally be approved (see conditions of approval with the motion).
2. The zoning of the property at 560 Mart Street is WM, Waterfront Marine, as is the
property to the southwest. The property to the northeast is zoned B-2, Convenience and
Comparison Business, and to the east the zoning is B-3, Central Business.
3. The property owners failed to sign the application, as is customary. They are, however,
fully aware of the request.
4. Since the proposed use won’t require site work, the site plan is rather simple. Parking
will be accommodated on the Mart Dock property. If improvements on land are
proposed in the future, a site plan amendment would need to be submitted to the Planning
Department for approval.
5. The Fire Department has the following conditions of approval:
a. Fire Department access is established and maintained.
b. Remove bollard between building and seawall near the stern of ship.
c. Add fire hydrant and dry stand pipe system, hydrant shall be located near stern.
d. Provide Fire Department connection, location to be approved by Chief/Fire
Marshall.
e. Fire access road shall be designed and maintained to support the imposed loads of
fire apparatus, not less than 76,000 pounds.
f. Access shall be maintained during all months of year.
g. All stand pipe/hose connections inside of ship shall be repaired inspected, and
operational.
h. Fire protection system shall be operational and comply with NFPA 13.
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i. Water supply from ship to shore shall be established.
6. The Engineering Department has the following conditions of approval:
a. As long as the work is on the boat only, and no site work is proposed, the plan is
approved. If site work is necessary, then a more detailed plan is needed.
7. The Department of Public Works has no outstanding issues with this request.
8. Staff has received no comments regarding this request.
Approximate location of where the Clipper would be docked.
4
View shows relation of the proposed Clipper location to the Port City Princess.
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ORDINANCE EXCERPTS
SECTION 1901: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:
1. Engine and hull repair shops.
2. Marine contracting.
3. Commercial fishing and processing facilities.
4. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
5. Seasonal recreational camper, trailer parks and facilities.
6. Uses similar to the above Special Land Uses Permitted.
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RECOMMENDATION
Staff recommends approval of the request with certain conditions listed below.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
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
Special Land Use or activity.
4. 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 request for Special Land Use Permit, per Section 1901 of Article XIX of the
Zoning Ordinance, to allow for a museum ship in a B-3 zoning district at 560 Mart Street, by
Raymond Hilt, SS Milwaukee Clipper Preservation, LLC, 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):
1. The amendment to the WM, Waterfront Marine district to allow museums as a special
land use is approved by City Commission.
2. All conditions of the Fire Department listed under #4 of the staff report be met.
3. All conditions of the Engineering Department listed under #5 if the staff report be met.
4. The owner/applicant 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 affidavit shall be recorded with the register of deeds prior
to occupying the building.
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Hearing; Case 2008-03: Request to amend the Final PUD for 100 Muskegon Mall for the
properties located at 333 W. Western Avenue, to allow for a mixed use of restaurant, office, and
retail uses, by Jack Wallen, New Trend Investments, LLC.
Applicant: Jack Wallen, New Trend Investments,LLC
Property Address/Location: 333 W. Western Avenue
Request: PUD Amendment
Present Land Use: Vacant Building
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. This amendment targets the building that most recently housed the National City Bank,
when this property was incorporated as part of the Muskegon Mall.
4. The request is to allow for mixed uses, including offices and commercial/retail.
5. Since the building takes up the entire parcel, parking will be accommodated through a
shared parking agreement. The agreement will be provided to staff and adequate for the
uses presently planned for the building. If a more intense use comes into the building in
the future, such as a restaurant, additional parking spaces will need to be provided for.
6. No landscape plan is possible on this site, due to the building occupying the entire parcel.
7. The Planning Department requires that the following items be amended on the site plan
as a condition of approval:
a. Provide a vicinity map.
b. Provide the parcel number of the property.
c. Indicate existing zoning classification of abutting properties.
f. Indicate location of fire lanes, hydrants and fire lock boxes.
8. The Department of Pubic Works has the following comments:
a. Contact Kelly DeFrench at 724-4184 regarding installation details of 8” water
main and water connection fees.
9. The Engineering Department has the following condition of approval:
a. Construction area needs to be fenced.
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10. The Fire Department has the following conditions of approval:
a. Submit site plan indicating the locations of all hydrants within the area and
construction type proposed for the building.
b. Submit water supply fire flow calculations to the Fire Marshall.
c. Key box required for Fire Department access.
11. There were no comments received regarding this request.
View of the front of the building. View of the rear of the building.
9
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ORDINANCE EXCERPTS
Planned Unit Developments
Excerpted from Section 2101: Development Options
1. 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.
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
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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.
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.
70 The uses proposed will result in safe, convenient, uncongested and well
defined vehicular and pedestrian circulation systems.
2. 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.
3. Final PUD Plan Submission
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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;
d. open space areas and other significant environmental features;
e. existing and final topographic changes;
f. identification and directional signage;
g. property survey prepared and certified by a licensed land surveyor;
4. 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.
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.
5. 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.
STAFF RECOMMENDATION
Staff recommends approval of the request to amend the Final PUD for 100 Muskegon Mall, for
properties at 333 W. Western Avenue, with the listed conditions.
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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 minor amendment to the Final PUD for 100 Muskegon Mall for properties at 333
W. Western Avenue 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 condition:
1. All revisions to the site plan listed in #7 of the staff report are completed and approved by
the Planning Department.
2. All conditions of the Fire Department stated in #10 and the Engineering Department in #9
of the staff report are met.
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