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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, June 14, 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 2012-13: Request for a Special Land Use Permit, per Section 2203 of
Article XXII of the Zoning Ordinance, to expand a non-conforming structure more than
30% at 2283 Resort Ave, by Cheryl Fox
B. Hearing, Case 2012-14: Request for a Special Land Use Permit, per Section 1301 of
Article XIII, to allow outdoor storage of utility materials and vehicles at 860 Terrace St,
by Frontier Communications.
C. Hearing, Case 2012-15: Request for preliminary Planned Unit Development approval
for a mixed use project for the property at 372 Morris St, by Urban Renaissance Group,
LLC.
D. Hearing, Case 2012-16: Request for final Planned Unit Development approval for a
mixed use project for the property at 372 Morris St, by Urban Renaissance Group, LLC.
IV. New Business
V. Old Business
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.
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
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
May 10, 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, L. Mikesell
MEMBERS ABSENT: B. Smith, W. Parker, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: M. David, 860 W. Laketon Ave; B. Delvecchio; L. Parker, 1387
Montgomery; L. Page, 3328 Wilcox
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of April 12, 2012 be approved, was made by B.
Larson, supported by J. Doyle and unanimously approved.
L. Spataro arrived at 4:02 p.m.
PUBLIC HEARINGS
Case 2012-010: Request to rezone the property at 1776 Division Street from R-1 Single Family
Residential District to B-4, General Business District, by Michael David. M. Franzak presented
the staff report. The applicant owns the residential property at 1776 Division St (zoned R-1) as
well as the adjacent car lot at 860 W Laketon Ave. (zoned B-4). The applicant is requesting a
zone change at 1776 Division St from R-1 to B-4 so that he may apply for a special use permit to
extend the car lot onto the property at 1776 Division St. (Case 2012-011). The house at 1776
Division is currently registered as a vacant building with the City of Muskegon’s Vacant Building
Registration Program. It 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 removes the building
from the vacant building program. Parcels to the east, west and south of the subject are zoned B-
4, and parcels to the north are zoned R-1. Although the parcels to the west are zoned B-4, it
should be noted that they are currently residential homes that are occupied. 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 square feet. The parcel at 860 W. Laketon Ave. measures
roughly 10,890 square feet and is considered a conforming lot for B-4, General Business Districts.
A notice letter was sent to all property owners and occupants within a 300 foot radius of this
property. At the time of this writing, staff has not received any comments from the public.
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
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development within the interior portions of the sub-area.” Based on this recommendation from the
Master Plan, staff recommends denial of the rezoning.
B. Mazade asked if there was a house directly adjacent to the one in question. M. Franzak stated
that there was. M. David stated that he had hired one person at the car lot and wished to expand
his business. L. Spataro asked if his intent was to clear the lot and use it to park additional cars.
M. David stated that was correct. L. Mikesell asked if other residential homes nearby were
occupied. M. Franzak stated that they appeared to be, based on his observations while taking
photos of the area for this case. B. Delvecchio owned a house in the area and was opposed to
further encroachment of the business district into the residential neighborhood. She was
concerned that the property values would erode further. L. Parker was opposed to the zone
change. She stated that traffic on Division St. was heavy already, and she was not in favor of
extending the business zone any further into the residential area. She also pointed out that the
City’s Master Plan showed this area as residential. She stated that a similar request involving this
property was brought up several years ago by a different applicant, and it was denied.
A motion to close the public hearing was made by B. Larson, supported by L. Spataro and
unanimously approved.
L. Spataro stated that he had received three comments regarding this case, including from the
Nims Neighborhood Association president, and all were opposed to the rezoning. Comments
included concerns about the business district encroaching into the residential areas, and the
detrimental effect on property values. L. Spataro also stated that there was no buffer between the
property being considered for rezoning, and the adjacent residential home. He preferred to follow
the Master Plan and not rezone this parcel to allow a business use. B. Mazade stated that it was
normally the position of the Planning Commission not to expand business uses further into
residential neighborhoods. He recalled other instances where similar requests had been denied. S.
Warmington concurred that it was not a good idea to extend the business zoning further into the
neighborhood. M. David stated that other businesses on that stretch extended further back than his
did. T. Michalski stated that may be true, but if the rezoning were approved, Mr. David’s property
would extend further back than any of the others. B. Delvecchio reiterated her position that
further encroachment of the B-4 zoning would be detrimental to property values and injurious to
the neighborhood.
A motion 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 denial to the City Commission pursuant to the City of Muskegon Zoning
Ordinance, and the determination of lack of compliance with the intent of the City Master Land
Use Plan and zoning district intent, was made by L. Spataro, supported by S. Warmington and
approved, with B. Larson voting nay.
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. This hearing was still held in case the City Commission
overturned the Planning Commission’s decision to deny the rezoning request in the previous case.
If the Planning Commission’s decision is upheld, it would not allow the Special Use Permit
requested in this case.
M. David stated that he would maintain the property and keep it attractive-looking for the
neighborhood.
A motion that this request be tabled pending the City Commission decision on the rezoning
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request in case 2012-10, was made by L. Spataro, supported by B. Larson and unanimously
approved.
Hearing, Case 2012-12: Staff initiated request to vacate Waalkes Street between Delano Avenue
and Young Avenue. The City of Muskegon 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 Street,
which separates the two parcels, must be vacated. Although an easement was created for the
establishment of Waalkes Street, the road was never created. Staff recommends approval of the
request.
B. Mazade stated that there were utilities on Waalkes Street, so the City needed to retain utility
rights.
A motion to close the public hearing was made by B. Larson, supported by L. Spataro and
unanimously approved.
A motion that the vacation of Waalkes Street from Delano Avenue to Young Avenue be
recommended to the City Commission for approval, based on compliance with the City’s 1997
Master Land Use Plan, with the condition that all utility easements will be retained, was made by
J. Doyle, supported by L. Spataro and unanimously approved.
L. Mikesell asked if the property owners to the north had voiced any objections. M. Franzak stated
that the City owned that lot and several others in the area. Other property owners adjacent to the
street to be vacated were noticed however, and there were no objections reported.
OLD BUSINESS
None
OTHER
2400 Lakeshore Drive (former Sappi property) – M. Franzak had prepared a report outlining
possible uses for this property at the request of the Planning Commission at last month’s meeting.
Staff and board members discussed the site and concurred that the best approach was to work
cooperatively with the property owner, Mr. Melching, and to keep a dialogue open.
S. Warmington left at 4:45 p.m.
T. Michalski asked if the options given by staff had been discussed with the City’s attorneys. B.
Mazade stated that they had.
Car lot on Laketon Avenue – T. Michalski stated that the lot on Laketon where the old Blais
dealership was has cars parked all over the place. M. Franzak stated he would follow up, as they
have not blocked off the curb cut as required in the SUP either.
There being no further business, the meeting was adjourned at 5:08 p.m.
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
June 14, 2012
Hearing, Case 2012-13: Request for a Special Land Use Permit, per Section 2203 of Article
XXII of the Zoning Ordinance, to expand a non-conforming structure more than 30% at 2283
Resort Ave, by Cheryl Fox
BACKGROUND:
Applicant: Cheryl Fox
Property Address (location): 2283 Resort Ave
Zoning: R-1, Single Family Residential District
Current Land Use: Residential
STAFF OBSERVATIONS
1. The owner plans on demolishing the current carport, which is attached to the home, and build
an attached garage and a front porch.
2. The house is considered a non-conforming structure because the house is only 26.5 feet from
the rear lot line. The site plan indicates that the house is 28.5 feet, but staff measured it to
make sure that it wasn’t 30 feet (in an effort to alleviate this problem).
3. A non-conforming structure may be expanded up to 30% with a Special Land Use Permit from
the Planning Commission. The applicant would like to expand the current structure by 35%,
so a variance is needed. The applicant will be attending the June 10, 2012 ZBA meeting to
request a variance to expand the non-conforming structure more than 30%. If approved, the
Planning Commission may approve the Special Land Use Permit to expand the non-
conforming structure more than 30%.
4. The current structure totals 1528 sqft and the proposed addition is 540 sqft, making it a total of
2068 sqft.
5. Notice about the variance and Special Land Use Permit was sent to adjacent properties within
300 feet of this property and staff has not received any comments from the public at the time
of this writing.
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2283 Resort Ave
Zoning Map
Aerial Map
6
Current Site Plan
Proposed Site plan
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Ordinance Excerpt:
SECTION 2203: NONCONFORMING STRUCTURES
Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance
that could not be built under the terms of this Ordinance by reason of restrictions on area lot
coverage, height, yards, parking or other characteristics of the structure or its location on the lot,
such structure may be continued so along as it remains otherwise lawful, subject to the following
provisions:
1. No such structure may be enlarged or altered in a way which increases its nonconformity,
except when authorized by the Planning Commission, after Public Hearing as required for
Special Uses. The Planning Commission shall be authorized to determine the amount of
enlargement of any building or structure, consistent with the intent of this article. The
nonconforming structure may be changed to an extent not exceeding thirty percent (30%)
of the total floor area of the existing building at the time of enactment of the Ordinance
from which this chapter is derived, or at the time of its amendment making a structure
nonconforming.
2. No nonconforming building or structure shall be moved in whole or part to any other
location unless such building or structure and the off-street parking spaces, yard and other
open spaces provided, are made to conform to all the regulations of the district in which
such building or structure is to be located.
3. Changes of tenancy, ownership or management of any existing nonconforming structures
may be made, provided that there is no change in the nature or character of the
nonconforming structure.
4. Repair and maintenance work may be performed as required to keep a nonconforming
building or structure in a sound condition.
5. In the event any nonconforming building or structure is damaged by fire, wind, civil
disobedience, or an Act Of God or the public enemy, it may be rebuilt or restored,
provided the cost of such structural alteration or structural repairs shall not exceed seventy-
five (75) percent of it’s replacement cost. The buildings or structures shall be built in
conformance with the requirement of the zoning district in which they are located.
6. Once any nonconforming structure is removed from the property, its nonconforming status
has expired and it may not be replaced on the property.
DELIBERATION
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
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Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
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 2203 of Article XXII of the Zoning Ordinance,
to allow a non-conforming structure to be expanded more than 30% (contingent upon ZBA
approval), at 2283 Resort Ave, in an R-1, Single Family Residential District, by Cheryl Fox, be
(approved/denied/tabled), based on (compliance/lack of compliance) with the City’s Master Land
Use Plan and conditions set forth in Section 2203 of the City of Muskegon Zoning Ordinance
(based on the following conditions--only if approved):
CONDITIONS
1. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
2. The Special Land Use permit document shall be recorded with the register of deeds prior to
establishment of the use.
3. 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 - 2.
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Hearing, Case 2012-14: Request for a Special Land Use Permit, per Section 1301 of Article
XIII, to allow outdoor storage of utility materials and vehicles at 860 Terrace St, by Frontier
Communications.
BACKGROUND:
Applicant: Frontier Communications
Property Address (location): 860 Terrace St
Zoning: B-3, Central Business District
Current Land Use: Office
STAFF OBSERVATIONS
1. Frontier Communications would like to consolidate some of their locations. The plan would
have them storing utility materials and vehicles in the parking lot on the north-east corner of
the property (corner of Clay Ave and Pine St – Parking lot D on site plan).
2. The parking lot currently is surrounded by a 4 foot chain link fence. This plan calls for a new
6 foot screened fence (chain link with screening slits).
3. With the elimination of the parking spaces in parking lot D, there will still be 96 parking
spaces between parking lot A, B & C. Staff feels that this is more than adequate. This
property is also located in the Downtown Parking Overlay District, which forgives 30% of a
businesses parking requirements.
4. The plan calls for parking lot C to be fenced in, but it will not be used for storage.
5. Automobile service stations are allowed with a Special Land Use Permit in B-3, General
Business Districts. Special Land Use Permits may also be granted to similar uses. Staff feels
that the outdoor storage of utility equipment and vehicles is similar to that of an automobile
service station. Given that all properties within 300 feet are notified, staff feels that it is
appropriate to hold a hearing for a Special Land Use permit for this type of use.
6. Notice was given to properties within 300 feet of this property. At the time of this writing,
staff has not received any comments from the public.
7. The Planning, Engineering, DPW and Fire Departments have reviewed the plans and do not
have any concerns.
10
860 Terrace St, looking east from Terrace St
Parking Lot D, looking west from Pine St
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Parking Lot D, looking north from the corner at Pine St and Webster Ave
Parking Lot D, looking south-east from Clay Ave
12
Parking Lot D, looking south-west from the corner of Pine St and Clay Ave
Parking Lot C, looking north from Clay Ave
13
Parking Lot A, looking south from Clay Ave
Parking Lot B, looking south from Clay Ave
14
Zoning Map
Aerial Map
15
Types of Equipment/Vehicles to be Stored
16
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Ordinance Excerpt:
SECTION 1201: SPECIAL LAND USES PERMITTED [amended 6/07]
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. Automobile service stations for the sale of gasoline, oil, and minor repair, not including
major repair such as engine rebuilding, undercoating, and similar industrially oriented
activities and subject further to the following:
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a. The curb cuts for ingress and egress to a service station shall not be permitted at
such locations that will tend to create traffic hazards in the streets immediately
adjacent thereto. Entrances shall be no less than twenty-five (25) feet from a street
intersection (measured from the roadway) or from adjacent residential property,
and subject to other Ordinances of the City.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
that ample space is available for motor vehicles which are required to wait.
c. There shall be provided, on those sides abutting or adjacent to a residential district
or residential uses a four foot (4') completely obscuring wall or fence. The height
of the wall or fence shall be measured from the surface of the ground.
d. All lighting shall be shielded from adjacent residential districts and from abutting
streets.
2. Amusements and recreational facilities, including bowling alleys and skating rinks.
3. Commercial parking lots and parking structures.
4. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties zoned
for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot of building that exceeds the maximum height allowed.
5. Specialized adult educational programs, under the following conditions: [amended 1/02]
a. The program must be associated with a school district.
b. No residency will be permitted in the facility.
c. The hours of operation will be limited to the regular school hours of the associated
school district.
d. The facility must be located either on a major street or within two (2) blocks of
regular bus service.
e. No more than 75 students can be associated with the program.
6. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the Noise Ordinance
enacted by the City of Muskegon. No music (either live or piped) will be permitted
outside the building.
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b. The business will maintain security staff, both inside and outside the building, at all
times when open to customers. Loitering will not be permitted on or around the
site.
c. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be checked
for litter every day before opening.
e. Security lighting will be provided for the site.
8. Private clubs, lodge halls, social and similar organizations, including assembly or rental
halls.
9. Galleries and museums.
10. Antique shops.
11. Wind Turbine Facilities. [amended 10/09]
12. Micro breweries, small wineries and small distilleries with brewing areas larger than 2,500
square feet. [amended 3/12]
13. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
14. Uses similar to the above Special Land Uses Permitted.
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.
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.
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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 for the outdoor storage of utility equipment and vehicles, in a B-3, General Business
District, by Frontier Communications, be (approved/denied/tabled), based on (compliance/lack of
compliance) with the City’s Master Land Use Plan and conditions set forth in Section 1301 of the
City of Muskegon Zoning Ordinance (based on the following conditions--only if approved):
CONDITIONS
1. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
2. The Special Land Use permit document shall be recorded with the register of deeds prior to
establishment of the use.
3. 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 - 2.
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Hearing, Case 2012-15: Request for preliminary Planned Unit Development approval for a
mixed use project for the property at 372 Morris St, by Urban Renaissance Group, LLC.
BACKGROUND
Applicant: Bob Dykstra, Urban Renaissance Group, LLC
Property Address/Location: 372 Morris St
Request: Preliminary Planned Unit Development (PUD)
Present Land Use: Parking
Zoning: B-3, General Business District
STAFF OBSERVATIONS
1. This property is owned by the Community Foundation for Muskegon County and is currently
used as a parking lot.
2. The property measures 8.34 acres.
3. The request for the PUD is for development of “The Shoreline Market,” which will be a mixed
use development of retail, fresh food, artisans, office, market rate apartments and condos. The
retail market (Phase 1) will be constructed out of recycled shipping containers. The rest of the
development will use traditional building materials.
4. The Downtown and Lakeshore Redevelopment Plan of 2008 identifies this property as a high
development priority, with a target date within the next five years. It had been identified as a
possible location for the relocation of the farmers market along with the possibility of a
pedestrian bridge over Shoreline Drive to connect downtown to the waterfront. However,
However, the plan does mention that other beneficial uses to this property include a conference
center and general mixed-use development.
5. The site plan will be discussed along with the final PUD request in the next case.
6. Notice was sent to all properties within 300 feet of this property. Staff has received no
comments regarding this request.
372 Morris St, looking north from Morris St.
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372 Morris St, looking northwest from Morris St. The new Social Security building is
pictured to the left.
Aerial Photo
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Zoning Map
Ordinance Excerpt:
Planned Unit Developments
Excerpted from Section 2101: Development Options
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
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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
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.
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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.
7) The uses proposed will result in safe, convenient, uncongested and well
defined vehicular and pedestrian circulation systems.
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.
Final PUD Plan Submission
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;
a. open space areas and other significant environmental features;
b. existing and final topographic changes;
c. identification and directional signage:
d. a property survey prepared and certified by a licensed land surveyor;
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.
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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.
a. 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.
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 Preliminary PUD for a mixed-use development at 372 Morris Ave 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.
27
Hearing, Case 2012-16: Request for final Planned Unit Development approval for a mixed use
project for the property at 372 Morris St, by Urban Renaissance Group, LLC.
STAFF OBSERVATIONS
1. This property is owned by the Community Foundation for Muskegon County and is currently
used as a parking lot.
2. The property measures 8.34 acres.
3. The request for the PUD is for development of “The Shoreline Market,” which will be a
mixed use development of retail, fresh food, artisans, office, market rate apartments and
condos. The retail market (Phase 1) will be constructed out of recycled shipping containers.
The rest of the development will use traditional building materials.
4. The Downtown and Lakeshore Redevelopment Plan of 2008 identifies this property as a high
development priority, with a target date within the next five years. It had been identified as a
possible location for the relocation of the farmers market along with the possibility of a
pedestrian bridge over Shoreline Drive to connect downtown to the waterfront. However,
However, the plan does mention that other beneficial uses to this property include a
conference center and general mixed-use development.
5. Notice was sent to all properties within 300 feet of this property. Staff has received no
comments regarding this request.
6. The DPW has the following conditions on approval:
a. Water mains as shown would be considered public, this would need to be discussed
further.
7. The Engineering Department has the following conditions on approval:
a. Future reviews and approval for utilities will have to be completed by
DPW/Engineering.
b. This conditional approval is preliminary and more a detailed review will have to be
conducted upon future submittal.
8. The Planning Department has the following conditions on approval:
a. Elevations need to be show on the site plan, along with a more detailed storm water
management plan.
b. A landscaping plan must be submitted.
c. Snow storage areas must be defined.
d. Location, type and height of all outdoor lighting must be shown.
e. The location and screening of all dumpsters must be shown.
f. A signage plan must be submitted.
g. Building heights must be defined.
9. The Fire Department was still reviewing this plan at the time of this writing. Staff comments
will be shared at the meeting.
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Ordinance Excerpt:
Planned Unit Developments
Excerpted from Section 2101: Development Options
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.
d. Planned Unit Development Regulations, Standards and Requirements
3) 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.
4) The application shall meet the criteria established in each specified zoning
district.
e. PUD Review Procedures
5) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
6) The review shall be in two phases:
7) The preliminary phase shall involve a review of a conceptual PUD plan to
determine its suitability.
8) The final phase shall require a detailed development plan for any part of the
approved conceptual PUD plan.
f. Standards for Approval of PUD Plans
The Planning Commission shall approve, deny or modify preliminary PUD plans,
based upon the following standards. Likewise, the City Commission shall approve,
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deny, or modify final PUD plans (after review and recommendation by the
Planning Commission) based upon the following standards.
8) 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.
9) The uses proposed should be consistent with the land use plans adopted by
the City.
10) 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.
11) 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.
12) 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.
13) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
14) The uses proposed will result in safe, convenient, uncongested and well
defined vehicular and pedestrian circulation systems.
Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary phase
approval:
b. 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.
2) 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.
Final PUD Plan Submission
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;
30
b. all buildings and structures, elevations and spacial relationships;
c. landscaping, buffers, fences, and protective walls;
e. open space areas and other significant environmental features;
f. existing and final topographic changes;
g. identification and directional signage:
h. a property survey prepared and certified by a licensed land surveyor;
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.
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.
c. Construction must be continued in a reasonable, diligent manner and be
completed within five (5) years.
d. 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.
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
31
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 Final PUD for a mixed-use development at 372 Morris Ave 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.
32
Hearing, Case 2012-11 (tabled): 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 rezoning request was denied by Planning Commission and City Commission.
Therefore, it is not possible to apply for a Special Use Permit to sell automobiles.
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