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CITY OF MUSKEGON
PLANNING COMMISSION
SPECIAL MEETING
DATE OF MEETING: Thursday, February 23, 2012
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Public Hearings
a. Hearing, Case 2012-008: Request for a Special Use Permit, per Section 1500 of Article
XV, to allow for outdoor storage of aggregate at 2400 Lakeshore Dr, by Melching
Demolition.
III. New Business
IV. Old Business
V. Other
VI. Adjourn
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Muskegon, MI 49440
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CITY OF MUSKEGON
PLANNING COMMISSION
SPECIAL MEETING
February 23, 2012
Hearing, Case 2012-008: Request for a Special Use Permit, per Section 1500 of Article XV, to
allow for outdoor storage of aggregate at 2400 Lakeshore Dr, by Melching Demolition.
Applicant: Melching Demolition
Property Address/Location: 2400 Lakeshore Dr
Request: Request for a Special Use Permit to store aggregate outside.
Zoning: I-2, General Industrial District
STAFF OBSERVATIONS
1. The applicant is requesting to import, store and export bulk aggregate on the western
portion of the site (see enclosed site plan). Since this property is located in an I-2, General
Industrial District, a Special Use Permit is required for any use that involves outdoor
storage of aggregate.
2. This site has historically used its port to ship in materials that were used in the process of
making paper and to supply the coal-based power generating facility on site. However, the
site has never been used to export aggregate (other than selling off a small surplus of coal).
3. The applicant has stated that the export of aggregate materials has occurred at this site as
recently as September 19, 2011 (see enclosed letter from Melching dated 2/1/12).
However, staff has since informed the applicant that this is not a conforming use, since it
has not been approved under the Special Use Permit process, and the use must stop
immediately.
4. The proposed area that will be used for the aggregate storage is defined on the site plan as
“Unit 1.”
5. The size of the entire parcel at 2400 Lakeshore Dr is about 120 acres. Unit 1 measures
about 27.5 acres.
6. The applicant plans on attending the Lakeside Neighborhood Association meeting in
February to discuss the plans with the community.
7. The City of Muskegon’s “Waterfront Redevelopment Sub-Plan of 1999” recommends
relocating and clustering commercial port operations at the east end of Muskegon Lake.
This area is defined as a node, located east of Edison Landing (see Waterfront
Redevelopment Sub-Plan excerpt).
8. The Zoning Ordinance was amended in April of 2000 to include an additional zoning
district, WI-PUD, Waterfront Industrial Planned Unit Development District. This zoning
district was established primarily to consolidate commercial port activities at the eastern
terminus of Muskegon Lake because of its proximity to the interstate, established industrial
uses and isolation from residential zones. The intent was to localize the district to promote
symbiotic relationships among industrial port activities and to discourage the expansion of
such activities elsewhere along Muskegon Lake frontage (see zoning excerpt). The only
WI-PUD District in Muskegon is located at the east end of Muskegon Lake, just east of
Fisherman’s Landing.
9. The Planning, Engineering, Public Works and Police Departments have reviewed the site
plan and do not have any outstanding issues.
10. Notices were sent to adjacent properties within a 300 foot radius of the site. Staff has not
received any comments at the time of this writing.
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2400 Lakeshore Dr from eastern entrance
2400 Lakeshore Dr from western entrance
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Zoning Map
Aerial Map
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Waterfront Redevelopment Sub-Plan excerpt:
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Zoning Ordinance excerpts:
I-2 General Industrial
ARTICLE XV - I-2 GENERAL INDUSTRIAL DISTRICTS
PREAMBLE
The I-2 General Industrial Districts are established primarily for manufacturing, assembling, and
fabrication activities including large scale or specialized industrial operations whose external
physical effects may be felt to some degree by surrounding districts. The I-2 District is so
structured as to permit, in addition to I-1 Light Industrial District uses, the manufacturing,
processing and compounding of semi-finished or finished products from raw materials.
SECTION 1500: PRINCIPAL USES PERMITTED
In an I-2 General Industrial District, buildings and land may be used for one (1) or more of the
following specified uses, unless otherwise provided in this Article.
1. Any Principal Use Permitted in the I-1 District, subject to the requirements of this District.
2. Primary metal industries, including foundries, smelting and refining of metal or alloys,
rolling and extruding plants.
3. Chemical plants whose manufacturing process produce products which are not hazardous
materials as defined in the Fire Code.
4. Paper and pulp manufacturing.
5. Power generating plants.
6. Junk yards and scrap metal processing.
7. Rubber manufacturing or the remanufacturing of rubber products.
8. Medical Marihuana caregiver facilities to the extent licensed pursuant to City Code
Sections 34-101 through 43-107 [03/11].
9. Uses similar to the above principal uses.
SECTION 1501: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as a
special land use if it is found to meet the standards outlined in Section 2332 of this Ordinance,
subject to applicable conditions imposed by Ordinance or other reasonable conditions imposed by
the Planning Commission:
1. Any use with outside storage of aggregate, sand or other soil, or raw materials used in a
manufacturing process such as brick, tile manufacturing plants, asphalt and cement batch
plants.
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2. Gasoline storage facilities.
3. Bulk storage or the production of acetylene, natural gas, and oxygen or other highly
explosive or toxic gases. The storage of such gases for use in a production process or of an
industry, business, or health care facility shall not be considered bulk storage.
4. Chemical plants whose manufacturing process produce products which are hazardous
materials as defined in the Fire Code.
5. Wind Turbine Facilities [10/09].
6. Uses similar to the above Special Land uses.
WI-PUD Waterfront Industrial Planned Unit Development
WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
[amended 4/00]
PREAMBLE
The Waterfront Industrial PUD district is established primarily for water-dependent, commercial
shipping of bulk, general cargo, or container goods by freighter, bulk carrier, tanker, tug barge, or
other similar commercial vessels. The WI-PUD District is intended to promote the consolidation
of commercial port activities at the eastern terminus of Muskegon Lake because of its proximity to
the interstate, established industrial uses, and isolation from residential zones. The intent is to
localize this district to promote symbiotic relationships among industrial port activities and to
discourage the expansion of such activities elsewhere along Muskegon Lake frontage. It is further
the intent of this district to require planned unit developments for all projects to ensure a mix of
port uses that enhances the industrial economic base of the city. The planned unit development
tool shall be applied to promote flexibility in development and to enhance functional relationships
among uses in the district.
The general categories of uses permitted in the WI-PUD district are associated with standard
industrial classifications, major group industry 44, "Water Transportation" as found in the 1987
Standard Industrial Classification Manual prepared by the Executive Office of the President,
Office of Management and Budget.
SECTION 1504: USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as
planned unit developments. Planned unit developments shall be reviewed and approved by the
Planning Commission and City Commission subject to the conditions outlined below.
PRINCIPAL USES:
1. Water transportation of freight.
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2. Railroad and auto passenger ferries.
3. Marine cargo handling; loading, unloading and stevedore facilities.
4. Marine terminal uses including ancillary inter-modal transportation operations.
5. Any use with outside storage of aggregate, limestone, coal, slag, salt, sand or other bulk
materials shipped by commercial watercraft vessels and or barges.
6. Grain elevators.
7. Bulk and warehouse storage of goods shipped by commercial maritime vessels.
8. Towing and tugboat services for commercial freight water vessels.
9. Barge fleeting, mooring and servicing.
10. Lighterage.
11. Commercial engine and hull repair.
12. Marine dock, breakwater, harbor construction and repair contracting.
13. Marine dredging contractors.
14. Palletizing, decanning, container stripping and packing operations associated with
maritime shipping and transport.
15. Bulk liquid facilities of non-hazardous materials.
16. Material recovery facilities that are entirely contained in buildings.
17. Commercial fishing facilities.
18. Any other uses which meet the intent of this district as deemed by the Planning
Commission and City Commission; except that in no case shall a prohibited use be
permitted.
ACCESSORY USES:
1. Docks, wharves, piers or transit sheds or related facilities used in connection with the
transfer, handling, storage and transit and incidental processing of cargo from or to
waterborne craft.
2. Truck or rail freight terminal supporting water freight transport.
3. Offices associated with port facilities and functions.
4. Parking decks.
5. Watchmen quarters employed on the premise.
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6. Lift equipment to load and unload ships.
7. Weigh stations.
8. Lighthouse.
9. Fuel dock.
10. Seaplane base.
SECTION 1505: PROHIBITED USES
1. Asphalt batching.
2. Cement processing.
3. Storage of petroleum products stored in excess of 1,000 gallons.
4. Hazardous material or hazardous chemical storage or transport.
5. Ship cleaning.
6. Salvage yards, ship scrapping, dismantling and wrecking operations not wholly contained
in buildings.
7. Livestock holding.
8. Marine Salvage.
9. Manufacturing.
10. Open storage of fertilizers, agricultural lime and other chemicals.
11. Billboards.
SECTION 1506: REVIEW STANDARDS
The Planning Commission shall approve, deny or modify preliminary planned unit development
plans, based upon the site plan review and landscaping standards of this ordinance and the
following standards below. Likewise, the City Commission shall approve, deny, or modify final
planned unit development 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.
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3. The amount of open space provided is compatible with and meets the requirements of this
ordinance, 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 is adequate, 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 provided are compatible with and meet the
requirements of this ordinance, 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 design provides for 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.
8. The land uses presented shall provide a mix of uses to perpetuate an economically viable,
mixed use port.
9. The project shall demonstrate adequate support services for all activities.
10. Stockpiles of salt and agricultural lime must be covered or sufficiently isolated from the
surface water to prevent leaching.
11. Aggregate, salt, lime, or soil stockpiling areas shall not occupy more than 50% of the site
or district.
12. Truck freight terminals shall not occupy more than 30% of the site area or district. Trucks
shall be stored a minimum of two hundred (200) feet from the ordinary high water mark.
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RECOMMENDATION
Based on the lack of compliance with the Waterfront Redevelopment Sub-Plan of the City of
Muskegon Master Land Use Plan, staff does not recommend approval of the Special Use Permit to
import, store and export bulk aggregate on this site.
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.
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 1500 of Article XV of the Zoning Ordinance,
to the allow the import, outdoor storage and export of bulk aggregate in an I-2, General Industrial
District at 2400 Lakeshore Dr, by Melching Demo, be (approved/denied/tabled), based on
(compliance/lack of compliance) with the City’s Master Land Use Plan and conditions set forth in
Section 2332 of the City of Muskegon Zoning Ordinance (based on the following conditions--only
if approved):
CONDITIONS
1. All signage requires a permit and must comply with the zoning ordinance.
2. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
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3. The Special Land Use permit document shall be recorded with the register of deeds prior to
establishment of the use.
4. 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 – 3.
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