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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
October 11, 2012
Vice Chairman B. Larson called the meeting to order at 4:03 p.m. and roll was taken.
MEMBERS PRESENT: B. Larson, L. Spataro, L. Mikesell, B. Mazade, J. Doyle, S. Gawron,
MEMBERS ABSENT: T. Michalski; B. Smith; W. Parker, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: J. Burns, Verplank Dock Co.; E. Garner, Muskegon Area First; B.
Moore, LSL Planning
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of September 13, 2012 be approved, was made by
B. Larson, supported by J. Doyle and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2012-20: Staff-initiated request to amend Section 1504 of the zoning ordinance to
allow manufacturing when associated with port activity as a use permitted in WI-PUD, Waterfront
Industrial Planned Unit Development Districts. M. Franzak presented the staff report. The zoning
ordinance currently does not allow for manufacturing in WI-PUD Districts. However, the
Waterfront Redevelopment Sub-Plan of 1999 states that this property is in the Port Node, which
should allow uses such as cargo warehousing, intermodal logistics, Foreign Trade Zones and
Industrial Uses. The preamble of the WI-PUD District section of the zoning ordinance states: “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. Allowing manufacturing would enhance the industrial
economic development base of the city and promote flexibility between the surrounding districts.
All developments in WI-PUD Districts are required to be Planned Unit Developments, which
require public hearings. Per City ordinance, neighboring properties within 300 feet of the subject
parcel will be notified in writing whenever there is a Planned Unit Development. The only WI-
PUD District currently in the city is located at 205 E. Western Ave. Staff has been in contact with
the owners and they are working with a manufacturing company that needs port access.
J. Doyle asked if manufacturing would be allowed only if it required shipping. M. Franzak stated
that was correct, and it could be either incoming or outgoing shipping. B. Larson asked for
clarification on the proposed language in the WI-PUD ordinance. C. Brubaker-Clarke explained the
intent at the time the language was included, as well as the negotiations over the proposed location.
L. Mikesell asked if there was any down side to making the proposed change. C. Brubaker-Clarke
stated that, given the zoning requirements and the nature of a WI-PUD zone, she didn’t see any.
Planning Commission Minutes – 10/11/12 1
J. Burns of Verplank Dock Company suggested that the City allow “clean manufacturing” in the
WI-PUD zones, rather than the narrower definition of manufacturing requiring port facilities. He
also stated that their property was landlocked by Fisherman’s Landing, which he stated was a non-
conforming use. E. Garner of Muskegon Area First stated that he was in favor of the request, and
described his organization’s interest in the City’s port facilities. Consumers Energy, the largest
commercial user of the Muskegon port, also submitted a letter in support of the request.
A motion to close the public hearing was made by B. Mazade, supported by L. Spataro and
unanimously approved.
B. Mazade addressed the comments by J. Burns. He stated that there would have to be a definition
for “clean manufacturing” in the zoning ordinance before that term could be used. He also stated
that Fisherman’s Landing was not a non-conforming use; it was being used in accordance with the
parcel’s zoning. S. Gawron stated that progress in the expansion of activities could be made by
making small changes, and this was a good first step to opening up economic development on the
waterfront. J. Doyle stated that he liked the “clean manufacturing” concept, and wanted to keep this
area clean. He was in favor of including language that restricted the types of uses to clean or
pollution-free. L. Spataro was not sure that the zoning ordinance was the proper place to address
pollution, as there was nothing in the zoning ordinance to enforce it. He stated that the MDEQ and
OSHA had the regulatory authority over pollutants. J. Doyle stated that it was important to keep the
environment in mind, and the PUD process would allow the Planning Commission to have a say in
what was approved for the area.
A motion that the proposed amendment to Section 1504 of the City of Muskegon Zoning Ordinance
be recommended to the City Commission for approval, was made by L. Spataro, supported by L.
Mikesell and unanimously approved.
Hearing, Case 2012-21: Staff-initiated request to amend the preamble of the WI-PUD, Waterfront
Industrial Planned Unit Development Districts to modify dimensional requirements on new
principal buildings. M. Franzak presented the staff report. All developments in WI-PUD Districts
are required to be Planned Unit Developments. Flexibility is already allowed with dimensional
requirements in PUD’s, but staff feels it would be beneficial to state that in the preamble of the WI-
PUD District. A developer will often be granted flexibility in a PUD if it is imperative for the
project or if they can agree to other project modifications at the City’s request.
L. Mikesell asked about maximum lot coverage, and if all impervious surfaces with no green space
would be allowed. M. Franzak stated that the landscaping requirements would require green space.
A motion to close the public hearing was made by L. Spataro, supported by L. Mikesell and
unanimously approved.
A motion that the proposed amendment to Section 1504 of the City of Muskegon Zoning Ordinance
be recommended to the City Commission for approval was made by L. Mikesell, supported by L.
Spataro and unanimously approved.
NEW BUSINESS
None
Planning Commission Minutes – 10/11/12 2
OLD BUSINESS
Form Based Codes – L. Spataro asked if any decisions had been made regarding Form Based
Codes. M. Franzak stated that many criteria in form based codes were already reflected in the City’s
B-3 zoning district. L. Mikesell requested that the Planning Commission review the B-3 zoning
district at the next meeting.
OTHER
Stormwater ordinance discussion – Brenda Moore, with the Mona Lake Watershed Council, gave a
presentation to the board regarding stormwater management. She asked that City staff and Planning
Commission members be vigilant in the site plan review process when reviewing stormwater
management plans.
Transportation in I-2 General Industrial Districts At the end of the last Planning Commission
meeting, staff was asked to clarify which shipping methods are allowed in I-2, General Industrial
Districts. Staff has reviewed the zoning ordinance and has determined that there is not any mention
of allowed or restricted types of shipping methods in I-1, Light Industrial Districts or I-2, General
Industrial Districts. Staff has always interpreted this to mean that all modes of transportation are
allowed in these types of districts, since industries depend on a variety of shipping methods such as
truck, rail and ship. The zoning ordinance does not make any mention of restricting an industrial
zoned property with water frontage from utilizing port transportation
There being no further business, the meeting was adjourned at 5:05 p.m.
Planning Commission Minutes – 10/11/12 3