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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, November 12, 2015
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 October 15, 2015.
III. Public Hearings
A. Hearing, Case 2015-20: Request for a rezoning from B-2, Convenience & Comparison Business
district to B-4, General Business District at 962 W Sherman Blvd, by MJK Properties.
B. Hearing, Case 2015-21: Staff-initiated request to rezone 53 Bank St, 59 Bank St, 151 N
Causeway, a portion of 401 N Causeway and a portion of 131 N Causeway from I-2, General
Industrial district to WI-PUD, Waterfront Industrial Planned Unit Development district.
IV. New Business
V. Old Business
VI. Other
VII. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
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 Marie Cummings, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
TTY/TDD: Dial 7-1-1 and request that a representative dial 231-724-6705
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CITY OF MUSKEGON
PLANNING COMMISSION
SPECIAL MEETING
MINUTES
October 15, 2015
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, B. Mazade, J. Doyle, L. Spataro, B. Larson, J. Montgomery-
Keast, B. Smith
MEMBERS ABSENT: F. Peterson; S. Gawron, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: L. Wells, Williams & Works
APPROVAL OF MINUTES
J. Montgomery Keast stated that her name was not included in the roll call list of aye votes for the cases. A
motion that the minutes of the special meeting of September 10, 2015 be approved with that correction, was
made by B. Larson supported by J. Doyle and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2015-17: Staff-initiated request to adopt the Muskegon Parking Strategy as part of the
Master Land Use Plan. M. Franzak presented the staff report. The final draft of the Parking Strategy was
completed on July 6, 2015. In order to adopt the strategy as part of the Master Plan, the City had to distribute
copies of it to neighboring municipalities for review and comment. The 43 day comment period has expired
with staff receiving no comments. The Planning Commission is now being asked make a recommendation to
the City Commission to adopt the Parking Strategy as part of the Master Plan by way of resolution. A copy
of the Parking Strategy can be viewed at www.muskegon-mi.gov/downtown-parking-strategy-final-draft/.
Lynee Wells, the City’s consultant from Williams & Works made a presentation on the strategy at the
meeting. She provided an overview of the parking strategy and described how information was gathered.
She stated that ample and affordable parking was continually mentioned as something the public wanted for
the downtown. She reviewed the 6 strategies listed in the plan.
A motion to close the public hearing was made by B. Larson, supported by B. Smith and unanimously
approved.
A motion that the Parking Strategy be recommended for approval to the City Commission for inclusion in the
Master Plan was made by L. Spataro, supported by B. Larson and unanimously approved, with T. Michalski,
B. Mazade, J. Doyle, L. Spataro, B. Larson, J. Montgomery-Keast, and B. Smith voting aye.
Hearing, Case 2015-18: Request for a major departure from the zoning ordinance and site plan approval for
a new building at 650 Terrace Street, by Henrickson Architecture. M. Franzak stated that the applicant had
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turned in an incomplete site plan for a mixed use retail and office building. The applicant has since
requested to table this case.
A motion that this case be tabled per the applicant’s request was made by B. Larson, supported by J.
Montgomery-Keast and unanimously approved, with T. Michalski, B. Mazade, J. Doyle, L. Spataro, B.
Larson, J. Montgomery-Keast, and B. Smith voting aye.
NEW BUSINESS
Case 2015-19: Request for a site plan review for an 11,099 square-foot building addition at 1690 Creston St,
by Production Fabricators. M. Franzak presented the staff report. Production Fabricators is an industrial
company located at 1608 Creston St in Muskegon Township. The City of Muskegon owns the adjacent
property to the south at 1690 Creston St, which is zoned I-1, Light Industrial. This parcel is used by
Muskegon Central Dispatch (MCD) and has a large communications tower on site. The City of Muskegon is
in the process of selling a portion of this parcel to Production Fabricators so that they may expand their
business. The remainder of the parcel at 1690 Creston St will continue to be used by MCD. A rendering of
the proposed lot split was provided. The site plan meets all applicable setback requirements. They are
utilizing the zero lot line side setback provision, which allows them to build all the way to the property line
on the north, which will connect to the existing building on the parcel in Muskegon Township. They must
also work with Muskegon Township to get zoning approval for improvements located there. There are the
following problems on the site plan that can be fixed with a revised plan: First, the maneuvering lane for the
loading dock is not large enough. As currently presented, trucks would have a difficult time backing into the
loading dock without driving onto the neighboring property used by Muskegon Central Dispatch. The
survey should be revised to give Production Fabricators more land to the south so that trucks can easily back
into the loading docks. Also, an easement should be granted to Muskegon Central Dispatch to allow them to
access the utility sheds located within the fenced-in area. Staff has shared these concerns with the applicant
and they are working on the revised plan. Second, the plan shows landscaping, pavement and stormwater
retention areas on the parcel that will be utilized by MCD. The plan must be revised to show improvements
on their property only. There may not be any landscaping, pavement or stormwater retention areas on the
neighboring parcel. Staff has shared these concerns with the applicant and they are currently revising the
plans. In addition, the Fire Department does not have access around the entire building. The applicant needs
to provide access within 150 feet of all portions of exterior walls. The Fire Marshall has scheduled a meeting
with the Muskegon Township Fire Department to review the plans on October 13. The building may have to
be sprinkled or repositioned on the site. An additional fire hydrant may also be required, as there wasn’t one
shown on the plan. There is a utility pole located on site that will have to be moved to make room for the
building addition. This pole will be moved at the expense of Production Fabricators and is a condition set
forth in the purchase agreement of the property. Staff will be taking the lot sale request to City Commission
on October 27. Staff is asking Planning Commission to approve the plans contingent upon the sale of the lot.
M. Franzak stated that the plan had already gone through many changes. He was hoping the stormwater
issue would be resolved by now, but they were still working on it. B. Larson asked if it was too soon to
bring the plan before the Planning Commission for approval. M. Franzak stated that it was up to the
Planning Commission whether they wanted to approve the plan and let staff handle any revisions, or table the
plan until the aforementioned issues are resolved. J. Montgomery-Keast asked if staff had a solution for the
stormwater issues. M. Franzak stated that the stormwater must stay on the applicant’s property, and pointed
out on the site map the areas that could be utilized. He stated that MCD’s lot must also remain a legal sized,
conforming lot. T. Michalski had concerns with the configuration of the parcel, and preferred that the
applicant return to the Planning Commission with a more complete site plan. L. Spataro concurred. S.
Grabinski of MCD spoke on their behalf. She stated that her concerns were the grounding wires for the
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tower, and the need to maintain the integrity of the lot for possible future development. She also stated that
any possible radio interference would have to be considered. She answered the boards questions about the
dispatch communications system.
A motion to table this case until a more complete site plan is ready that addresses the issues discussed was
made by J. Montgomery Keast, supported by B. Smith and unanimously approved.
OLD BUSINESS
None
OTHER
There being no further business, the meeting was adjourned at 4:50 p.m.
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STAFF REPORT
November 12, 2015
Hearing, Case 2015-20: Request for a rezoning from B-2, Convenience & Comparison Business district to
B-4, General Business District at 962 W Sherman Blvd, by MJK Properties.
BACKGROUND
1. The parcel is 4.47 acres and is T shaped, with a private drive that leads back to the building that is
setback from the road about 450 feet. The building is roughly 12,240 sf.
2. Current tenants include Pack n’ Ship and an Alcoholics Anonymous meeting place along with a
couple vacant units. The new owner would also like to utilize some of the space for storage. Storage
is not an allowed use in B-2 districts, but is allowed in B-4.
3. There are several acres of developable land still available on this parcel, although no new buildings or
additions are being proposed at this time.
4. Please see the enclosed zoning excerpts regarding B-2 and B-4 uses.
5. Sherman Blvd is considered a major street and is the appropriate place for a B-4 district. The
preamble to the B-4 district states: “Placement along presently developed major traffic arteries
prevents the conflict of traffic and pedestrian movement since the General Business District is
characterized by a minimum of pedestrian flow.”
6. Notifications were sent to properties within 300 feet of this property and staff has not received any
comments at the time of this writing.
962 W Sherman Blvd
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Zoning Map
Aerial Map
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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?
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 962 W Sherman Blvd from B-2, Convenience &
Comparison district to B-4, General Business district, as described in the public notice, be recommended for
(approval/denial) to the City Commission.
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Hearing, Case 2015-21: Staff-initiated request to rezone 53 Bank St, 59 Bank St, 151 N Causeway, a
portion of 401 N Causeway and a portion of 131 N Causeway from I-2, General Industrial district to WI-
PUD, Waterfront Industrial Planned Unit Development district.
BACKGROUND
1. There are five parcels in the City of Muskegon that Consumers Power utilizes for their operations:
• 53 Bank St is owned by Consumers and measures 1.05 acres.
• 151 N Causeway is owned by Consumers and measures 82.31 acres.
• 59 Bank St is owned by Consumers and is 25.65 acres.
• 131 N Causeway is owned by the State of Michigan and a small portion of the parcel is zoned I-2.
• 401 N Causeway is owned by Muskegon County and only a small portion of its 49.58 acres is
zoned I-2.
There are also parcels in North Muskegon that Consumers utilizes.
2. Staff is recommending rezoning to WI-PUD because it follows the recommendations of the City’s
Master Land Use Plan to move all port activity to the east end of the lake. This rezoning will ensure
that any future project will have to utilize the port. Manufacturing dependent on port activity is
allowed in the WI-PUD district, but manufacturing not dependent on port activity is not allowed.
Also, all projects located in WI-PUD districts must be approved by Planning Commission. This will
give the City the ability to regulate certain outdoor uses (i.e. outdoor storage) and minimize the blight
that may be associated with such uses.
3. Consumers Power currently leases 59 Bank St to Verplank Dock for aggregate shipping/storage. This
is an allowed use in WI-PUD zones and the rezoning will not make it a non-conforming use.
4. Please see the enclosed zoning excerpt from the WI-PUD districts.
5. Staff notified all properties within 300 feet of the parcels and has not received any comments.
Consumers Power is in agreement with this rezoning and it is actually part of an agreement they have
with the City in order to let some of the foundations remain as the buildings are demolished.
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Zoning Map
Aerial Map
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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?
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 53 Bank St, 59 Bank St, 151 N Causeway, a portion of 401 N Causeway
and a portion of 131 N Causeway from I-2, General Industrial district to WI-PUD, Waterfront Industrial
Planned Unit Development district, as described in the public notice, be recommended for (approval/denial)
to the City Commission.
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