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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, April 11, 2019
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 March 14, 2019.
III. Public Hearings
a. Hearing, Case 2019-08: Request for a Special Use Permit to operate a car dealership at 2386
S Getty St, by International Auto Group, LLC.
b. Hearing, Case 2019-09: Staff initiated request to amend Section 403 of the zoning ordinance
to revise the intent of the Planned Unit Development option by allowing limited retail options.
c. Hearing, Case 2019-10: Staff initiated request to amend Section 2331 of the zoning ordinance
to allow applicants to donate trees to the City’s nursery rather than to replace trees on site
during development.
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 Meisch, City Clerk
933 Terrace Street
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
March 14, 2019
Chairperson T. Michalski called the meeting to order at 4:04 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, F. Peterson, S. Gawron, M. Hovey-Wright, E. Hood, J. Doyle, J.
Montgomery-Keast, B. Mazade
MEMBERS ABSENT: B. Larson, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: B. Gilbert, 971 Washington Ave; K. Johnson, City Commission; L. Mikesell,
City of Muskegon; R. Villate, 1872 Walnut
APPROVAL OF MINUTES
A motion to approve the Minutes of the regular Planning Commission meeting of February 14, 2019 was
made by J. Doyle, supported by M. Hovey-Wright and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2019-04: Request to rezone the properties at 971 & 975 Washington Ave from R-2, Single
Family Medium Density Residential to Form Based Code, Neighborhood Edge (FBC-NE), by Brett Gilbert.
M. Franzak presented the staff report. Both properties are owned by Brett Gilbert, owner of Fatty Lumpkins
Sandwich Shack at 971 Washington Ave. This restaurant was approved as a Special Land Use by the
Planning Commission in 2009. Mr Gilbert has since purchased the commercial property to the west at 975
Washington Ave and would like to utilize that building as an extension of Fatty Lumpkins. Rather than
asking for another Special Land Use Permit for the new restaurant space, staff encouraged him to apply for a
rezoning, which would allow a restaurant without a Special Land Use Permit and would also make it easier
to develop the properties if there are any future expansions. Form Based Code, Neighborhood Edge is a
common zoning designation for commercial properties in this area. This zoning designation also allows
residential homes as well, in the event the restaurant moves to another location. Both properties meet the
minimum size (25’ x 100’) standards for Neighborhood Edge lots; both lots are approximately 26 x 127 feet.
Staff recommends approval of the rezonings.
J. Montgomery-Keast asked what other types of uses would be allowed with the FBC-NE zoning. M.
Franzak stated that it could allow office or retail uses, but the small lot size would limit what could be done.
B. Gilbert owned Fatty Lumpkins and explained their plans for the second building. They wanted to expand
their dining space and connect the two buildings with some type of covered walkway. They had been
working with the health department on the necessary approvals.
A motion to close the public hearing was made by J. Doyle, supported by J. Montgomery-Keast and
unanimously approved.
A motion that the request to rezone the properties at 971 and 975 Washington Avenue from R-2, Single
Family Medium Density Residential to Form Based Code, Neighborhood Edge (FBC-NE) be recommended
to the City Commission for approval, was made by M. Hovey-Wright, supported by J. Montgomery-Keast
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and unanimously approved, with T. Michalski, F. Peterson, S. Gawron, M. Hovey-Wright, E. Hood, J.
Doyle, J. Montgomery-Keast, and B. Mazade voting aye.
Hearing, Case 2019-05: Staff-initiated request to amend the zoning ordinance to allow Research &
Development as a permitted use in the Downtown and Mainstreet context areas of the Form Based Code. M.
Franzak presented the staff report. The Form Based Code allows for Research & Development (R&D) uses
in the Neighborhood Core and Neighborhood Edge Context Areas, as long as they are part of a mixed-use or
flex building type. Staff is proposing to allow R&D in the Downtown and Mainstreet Context Areas as well,
because of the low impact on surrounding uses and the possibility of attracting more businesses downtown.
Research and development refers to the work a business conducts for the innovation, introduction and
improvement of its products and procedures. It is a series of investigative activities to improve existing
products and procedures or to lead to the development of new products and procedures. This use is not
nearly as intensive as industrial. Allowing this use only in mixed-use and flex buildings would assure that
they are a secondary use of in a building and not the main tenant. Staff recommends approval of the
amendment.
B. Mazade asked if there was a definition of R&D in the zoning ordinance, and if it included animal testing.
M. Franzak stated that the ordinance did not contain a specific definition of R&D. M. Hovey-Wright stated
that odors could be a concern in close quarters with this type of use. J. Doyle stated that a definition was
needed so the Planning Commission could review requests based on that information. M. Franzak suggested
that R&D could be added as a special use, or a definition for it could be added to the ordinance. T. Michalski
suggested setting up parameters for the types of businesses allowed and leaving it up to staff to approve. M.
Franzak agreed and recommended honing the definition to included uses specifically not allowed, such as
animal testing and those uses that would cause noise and odor nuisances. T. Michalski stated that he was
comfortable leaving the wording up to staff.
A motion to close the public hearing was made by J. Montgomery-Keast, supported by J. Doyle and
unanimously approved.
A motion that the request to amend the zoning ordinance to allow Research & Development as a permitted
use in the Downtown and Mainstreet context areas in Mixed-Use and Flex building types be recommended to
the City Commission for approval, and to allow staff to come up with an acceptable definition of “Research
& Development” based on what was discussed at the meeting, was made by J. Montgomery-Keast,
supported by M. Hovey-Wright and unanimously approved, with T. Michalski, F. Peterson, S. Gawron, M.
Hovey-Wright, E. Hood, J. Doyle, J. Montgomery-Keast, and B. Mazade voting aye.
Hearing, Case 2019-06: Staff-initiated request to amend the Single Family Residential section of the zoning
ordinance to clarify that short- and long-term rentals are not prohibited uses. M. Franzak presented the staff
report. The City Commission recently passed a Short-Term Vacation Rental ordinance, which was provided
to the board. Some citizens had complained that the City was not following the zoning ordinance due to
wording in Section 400.3.h.xiv(5) of the Single Family Residential District: They claimed that rentals were
breaking the rule of prohibiting “lodging services including but not limited to, a tourist home (defined as a
bed and breakfast in the ordinance), motel or hotel.” However, this is located in the home occupation
section, which also states “the business person operating the home occupation shall reside in the dwelling.”
This is not the case with rentals--long or short term--so the City has never considered rentals as home
occupations. To clarify the intent and eliminate any confusion, staff recommends amending the ordinance as
follows (additions in bold): “Home Occupations: xiv. Activities specifically prohibited (but not limited to)
include: (5) A lodging service including but not limited to, a tourist home, motel r hotel. This does not
include short or long-term rental homes.”
F. Peterson stated that the wording was necessary to clarify the ordinance to show that whole-house rentals
were allowed, but single-room rentals are not. T. Michalski stated that he was strongly opposed to any
single-room rentals. R. Villate stated that he owned a rental home, and that internet sites like Air B&B
advertised both single-room and whole-house rentals. J. Montgomery-Keast asked if there was a definition
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for “short-term”. F. Peterson stated that it was under 30 days.
A motion to close the public hearing was made by J. Doyle, supported by J. Montgomery-Keast and
unanimously approved.
A motion that the request to amend the Single Family Residential section of the zoning ordinance to clarify
that short- and long-term rentals are not prohibited uses, be recommended to the City Commission for
approval was made by J. Montgomery-Keast, supported by F. Peterson and unanimously approved, with T.
Michalski, F. Peterson, S. Gawron, M. Hovey-Wright, E. Hood, J. Doyle, J. Montgomery-Keast, and B.
Mazade voting aye.
Hearing, Case 2019-07: Staff-initiated request to adopt the amended Master Plan. The proposed Master
Plan amendments for this request include 1) the addition of certain properties into the 2008 Downtown &
Lakeshore Redevelopment Plan, and 2) the addition of the Imagine Muskegon Lake Plan. M. Franzak stated
that the final draft of the Master Plan amendments used to go directly to City Commission for approval but
staff would like to get the Planning Commission’s final recommendation first. The Planning Commission
recommended approval of the amendments in December of 2018, and the City Commission approved the
distribution of the plan to neighboring communities on January 8, 2019. Input from the community was
taken into consideration and a final draft of the amendments was prepared. The Planning Commission must
now vote on final approval of the plan, which will be followed by a City Commission vote to adopt the plan.
K. Johnson stated that the neighborhood was generally happy with the plan, but they were opposed to having
an RV park at the Ovals. M. Franzak recommended that a specific yes or no directive on that issue be left
out of the Master Plan. J. Doyle asked when the Master Plan was going to be redone. M. Franzak stated that
the rest of the Master Plan was going to be updated over the course of the next couple of years.
A motion to close the public hearing was made by J. Montgomery-Keast, supported by J. Doyle and
unanimously approved.
A motion to approve the revised Master Plan as presented, was made by J. Doyle, supported by J.
Montgomery-Keast and unanimously approved, with T. Michalski, F. Peterson, S. Gawron, M. Hovey-
Wright, E. Hood, J. Doyle, J. Montgomery-Keast, and B. Mazade voting aye.
NEW BUSINESS
None
OLD BUSINESS
None
OTHER
Master Plan Update – Neighborhood Meeting Schedule – M. Franzak distributed a list of staff’s upcoming
meetings with the various neighborhood associations, to obtain input for Master Plan updates.
Former Amoco Tank Farm Site - L. Mikesell and F. Peterson provided an update on the Amoco property per
T. Michalski’s request.
There being no further business, the meeting was adjourned at 5:00 p.m.
dr
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STAFF REPORT
April 11, 2019
Hearing, Case 2019-08: Request for a Special Use Permit to operate a car dealership at 2386 S Getty St, by
International Auto Group, LLC.
SUMMARY
1. The property is zoned B-4, General Business.
2. Auto sale lots are allowed as a Special Use Permitted. Ingress and egress to the outdoor sales area
shall be at least sixty feet from the intersection of any two streets.
3. The property has curb cuts closer than 60 feet from the intersection of Getty/Hovey.
4. The change of use should require that a 10-foot greenbelt buffer be installed inside the sidewalk.
There does not appear to be enough room for that, however, planters are commonly used in place of
this requirement.
5. The site plan shows an area for car prep. This area should be screened with a privacy fence from
Hovey St.
6. The plan shows that customer parking will be on the adjacent property. A shared parking
requirement should be provided.
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Zoning Map
Aerial Map
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STAFF RECOMMENDATION
Staff recommends approval of the Special Use Permit with the following conditions:
• The curb cut closest to Hovey St is closed or that area is not used for car display.
• The car prep area is screened from Hovey St with a privacy fence.
• A shared parking agreement is provided.
DELIBERATION
I move that the request to operate a car dealership at 2386 S Getty St be (approved/denied) with the
following conditions:
• The curb cut closest to Hovey St is closed or that area is not used for car display.
• The car prep area is screened from Hovey St with a privacy fence.
• A shared parking agreement is provided.
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Hearing, Case 2019-09: Staff initiated request to amend Section 403 of the zoning ordinance to revise the
intent of the Planned Unit Development option by allowing limited retail options.
SUMMARY
1. The PUD option in single-family residential districts currently does not specify whether limited
business options are allowed or not. Staff believes that limited business options, such as those
allowed in B-1 districts, would be beneficial to residential PUDs.
CURRENT LANGUAGE
SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [amended 12/97]
Planned unit developments (PUDs) may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the single family residential district
is to allow for flexibility in the design of housing developments, including but not limited to condominium
developments and cluster subdivisions, to allow for the preservation of open space; allow for economies in
the provision of utilities and public services; provide recreational opportunities; and protect important natural
features from the adverse impacts of development.
PROPOSED LANGUAGE (additions in bold)
Planned unit developments (PUDs) may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the single family residential district
is to allow for flexibility in the design of housing developments, including but not limited to condominium
developments and cluster subdivisions, to allow for the preservation of open space; allow for economies in
the provision of utilities and public services; allow for the principal and special uses permitted in the B-
1, Limited Business District, without reference to limitations on square feet/employment numbers of
an individual use; provide recreational opportunities; and protect important natural features from the
adverse impacts of development.
STAFF RECOMMENDATION
Staff recommends approval of the amendment.
DELIBERATION
I move that the request to amend the zoning ordinance to amend Section 403 of the zoning ordinance to
revise the intent of the Planned Unit Development option by allowing limited retail options, as proposed, be
recommended to the City Commission for (approval/denial).
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Hearing, Case 2019-10: Staff initiated request to amend Section 2331 of the zoning ordinance to allow
applicants to donate trees to the City’s nursery rather than to replace trees on site during development.
SUMMARY
1. The ordinance requires that certain live trees on development sites must remain or be replanted
elsewhere on site. However, that is not always possible due to limited space. Staff is suggesting that
those trees may be donated to the City’s nursery instead.
CURRENT LANGUAGE
Preservation Required: All existing live trees in excess of twelve (12) inches in diameter and at four and one
half (4 ½) feet above the ground shall be preserved as much as practical.
NEW LANGUAGE (additions in bold)
Preservation Required: All existing live trees in excess of twelve (12) inches in diameter and at four and one
half (4 ½) feet above the ground shall be preserved. Those that must be removed and cannot be replaced on site
may donate those trees to the City’s nursery to be used elsewhere around the City.
STAFF RECOMMENDATION
Staff recommends approval of the amendment.
DELIBERATION
I move that the request to amend Section 2331 of the zoning ordinance to allow applicants to donate trees to
the City’s nursery rather than to replace trees on site during development, be recommended to the City
Commission for (approval/denial).
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