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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, April 16, 2015
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
1. Roll Call
Il. Approval of Minutes from the regular meeting of March 12, 2015.
Ill. Public Hearings
A. Hearing, Case 2015-06: Request for a Special Use Permit to allow a self-storage facility in a B-
4, General Business District at 0 Barclay St (property numbers 24-036-400-0007-00, 24-036-400-
0014-20, 24-036-400-0014-30), by Thaddeus Kling and Exit Your Way, LLC.
B. Hearing, Case 2015-07: Request for several amendments to the Planned Unit Development
(including but not limited to lot configurations, building height requirements and the removal of
street lighting) at 650 Terrace Point Dr, by Terrace Point Landing, LLC.
C. Hearing, Case 2015-08: Staff initiated request to amend Section 2313 (Community Gardens) of
the zoning ordinance and replace it with an urban farming ordinance.
IV. New Business
Old Business
A. Zoning Ordinance Draft Review
VI. Other
Vil. 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
1
CITY OF MUSKEGON
PLANNING COMMISSION
SPECIAL MEETING
MINUTES
March 12, 2015
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, B. Mazade, S. Wisneski, J. Doyle, L. Spataro, S. Gawron, F.
Peterson
MEMBERS ABSENT: B. Larson, excused; B. Smith, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: J. Bossenbroek, 900 3" St.; J. Sytsema, 737 E. Apple Ave.
APPROVAL OF MINUTES
A motion that the minutes of the special meeting of February 25, 2015 be approved, was made by S.
Wisneski, supported by J. Doyle and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2015-05: Request for a Special Use Permit to allow a crematory in a B-4, General Business
district_at_773 E. Apple Ave, by Sytsema Properties, LLC. M. Franzak presented the staff report.
Crematories are allowed as a Special Land Use in B-4, General Business Districts. There are two buildings
on this parcel. The crematory would be installed at 773 E. Apple, the building to the east on the property.
The nearest residential unit to this building is about 150 feet away. A map was provided to board members
showing how many properties were within 300 feet of the subject property. The applicant is proposing to use
a Facultatieve model of crematory. Notice was sent to properties within 300 feet of the property. J. Nanzer
of 746 E. Isabella called to say that he is opposed to the request. He was concerned with pollution of the
night sky.
B. Mazade asked if the Planning Commission could approve the equipment used. M. Franzak stated that
they could; Sytsema’s planned to use the same type of equipment that was presented in their proposal at the
January 2015 meeting. L. Spataro asked if there were any changes from the January proposal. J.
Bossenbroek stated that there were no changes. They had applied to the state for the necessary permits, and
had a representative from Facultatieve Technologies on hand to answer any questions. Board members
concurred that enough information was presented at the earlier meeting and had no further questions.
A motion to close the public hearing was made by S. Wisneski, supported by F. Peterson and unanimously
approved.
A motion that the special land use permit, per Section 2203 of Article XXII of the Zoning Ordinance, to
allow a crematory at 737 East Apple Avenue, in a B-4, General Business district, by Sytsema Properties,
LLC be approved based on compliance with the City’s Master Land Use Plan and conditions set forth in
Section 2203 of the City of Muskegon Zoning Ordinance, with the condition that the type of crematory
equipment to be installed is that from Facultatieve Technologies which was presented at the January 2015
2
Planning Commission meeting, was made by L. Spataro, supported by S. Wisneski and unanimously
approved, with T. Michalski, B. Mazade, S. Wisneski, J. Doyle, L. Spataro, S. Gawron, F. Peterson voting
aye.
Hearing, Case 2015-03: Request for final Planned Unit Development approval for a multi-family housing
development at 30 E. Clay Ave, 4 W. Clay Ave and 48 E. Western Ave, by General Capital Group. M.
Franzak stated that he received word that the applicants had met with the Michigan State Housing
Development Authority (MSHDA) and had decided not to pursue the project at this time.
NEW BUSINESS
None
OLD BUSINESS
None
OTHER
There being no further business, the meeting was adjourned at 4:08 p.m.
STAFF REPORT
April 16, 2015
Hearing, Case 2015-06: Request for a Special Use Permit to allow a self-storage facility in a B-4, General
Business District at 0 Barclay St (property numbers 24-036-400-0007-00, 24-036-400-0014-20, 24-036-400-
0014-30), by Thaddeus Kling and Exit Your Way, LLC.
STAFF OBSERVATIONS
1. The current lot configuration of this area is split into four parcels (please see map on following
pages). The first page of the site plan shows a proposed survey that splits the lots so that there will be
three separate parcels in front, with a 66” ingress and egress drive to the north of the property. This
easement will give access to the residentially zoned parcel in the back.
There are two property owners involved in this project. Exit Your Way, LLC and Thaddeus J Kling.
Exit Your Way, LLC owns the southernmost parcel and the residentially zoned parcel in the back
(west). The residentially zoned parcel in the back was approved as a residential PUD, however, the
project failed and the time frame for the PUD has passed. The owner of the PUD parcel has given a
written statement to the Planning Department that he acknowledges that the PUD has expired.
Mini storage facilities are allowed as a Special Use Permitted in B-4 districts, under certain
conditions (listed below under ordinance excerpt). This plan does not meet the following
requirements:
a. Direct access to a major thoroughfare (although it is located just off of Sherman Blvd).
b. Only four parking spaces provided, none of them located in Phase 1.
c. Lighting is not depicted.
The required 10 foot landscaping berm is shown in the front of the property. However, staff
recommends that the rear of the property be landscaped as well, with large canopy and coniferous
trees, to screen the property from future residential properties to the west.
Notice was given to property owners within 300 feet of the property. Staff has not received any
comments at the time of this writing.
Looking west from Barclay St
Ordinance Excerpt:
Section 1301: Special Land Uses Permitted in B-4 Districts:
8. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One (1) parking space shall be provided for each twenty (20) rental units within the
buildings, and one (1) parking space shall be provided for each employee on site.
Between warehouses, there shall be a minimum of twenty five (25') feet for internal
access drives. Traffic direction and parking shall be designated by signaling or
painting.
The lot area used for parking and access shall be provided with a permanent, durable,
dustless surface and shall be graded and drained so as to dispose of all surface water.
All lighting shall conform to section 2319 of this ordinance.
A ten foot landscaped berm shall be required in the front setback of areas adjacent to
any residential zone or use.
Retail, wholesale, fabrication, manufacturing, or service activities may not be
conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial distribution
allowed and no operation which requires the regular delivery or pick-up of goods in
truck in excess of one and one-half (1.5) ton rated capacity shall be permitted.
All storage shali be within the enclosed building area. There shall be no outside
storage or stockpiling.
No storage of hazardous, toxic, or explosive materials shall be permitted at the facility.
Signs shali be posted at the facility describing such limitations.
Current Parcel Map
§
Ommee
RUDDIMAN
CREEK DRIVE
atbpa
PARCELS
‘ing
R-4:SINGLE-FAMILY RESIDENTIAL
RETWO-FAMILY RESIOENTIAL
RM-4:LOW DENSITY MULTIPLE-FAMILY RESIOENTIAL
— RM-2:MED. DENSITY MULTIPLE-FAMILY RESIDENTIAL
RM-3:HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL
B-A:LIMITEO BUSINESS
B-2:CONVENIENCE & COMPARISON BUSINESS
B-$:CENTRAL BUSINESS
B-4:GENERAL BUSINESS
B-S:GOVERNMENTAL SERVICES.
HT INOUSTRIAL
ENERAL INDUSTRIAL
UR:LAKEFRONT RECREATION
| MC:MEDICAL CARE
[1 OSC:0P
EN SPACE CONSERVATION
| Hl OSR:OPEN SPACE RECREATION
[WA PUD:WATERFRONT INOUS TRIAL PLANNED UNIT DEV,
EE Wawa TeRFRONT MARINE ; i
L
Aerial Map
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:
7
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 XTII of the Zoning Ordinance, to allow a
mini storage facility at 0 Barclay St (property numbers 24-036-400-0007-00, 24-036-400-0014-20, 24-036-
400-0014-30), by Thaddeus Kling and Exit Your Way, LLC 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):
PeNr
On-site parking is provided.
Lighting, with 100% cutoff, is shown on the site plan
Landscaping with canopy and coniferous trees is added to the rear of the property.
The lot is split to reflect the proposed survey, which gives a 66’ easement to lot #24-746-000-0000-
00.
Hearing, Case 2015-07: Request for several amendments to the Planned Unit Development (including but
not limited to lot configurations, building height requirements and the removal of street lighting) at 650
Terrace Point Dr, by Terrace Point Landing, LLC.
STAFF OBSERVATIONS
1, The applicant has requested several small revisions to the plan, including lot configurations, setback
definitions and maximum building height. He was also requesting the elimination of street lights and
instead having porch lights on every property. Staff recommended against the elimination of the
street lights. The applicant has since decided that he will install six street lights, in 250 intervals,
throughout the property. Staff is comfortable with the amount of lighting proposed. Please see the
enclosed materials on the proposed street lights.
Lots 12-17 have been reconfigured to provide more buildable lots.
3. The plan has been revised to clarify the side yard setback requirements with regard to eaves,
uncovered steps, chimneys, etc. These items would be able to have only a 3 foot side yard setback,
compared to a 5 foot setback for all other parts of the homes. Please note that there is a typo on #28 of
the Sears Architects document. It should read that these items “may encroach into all side yard
setbacks.”
The plan also clarifies rear yard setback requirements with regard to waterfront vs interior lots.
Waterfront lines must be placed inside the 100 year floodplain and interior lots must be setback at
least 15 feet from the rear property line.
The plan has been revised to reflect a maximum building height of 45 feet and maximum number of
three stories, not including roof decks and access to them. The plan was previously approved for a
maximum of two stories and 35 feet.
MOTION FOR CONSIDERATION
I move that the amendment to the final PUD for a residential development at 650 Terrace Point 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 with the following conditions:
1. Consumers Energy must prepare the street light plans and install as part of the City’s street light
system.
2. The plan be revised to delete sections regarding the removal of the street lights and the addition of
porch lights.
10
Hearing, Case 2015-08: Staff initiated request to amend Section 2313 (Community Gardens) of the zoning
ordinance and replace it with an urban farming ordinance.
STAFF OBSERVATIONS
1. The proposed ordinance has been revised since the last revision was emailed in March.
2. The proposed ordinance would allow community gardens to sell commercially without being
considered a farm as long as the profits from the sales are put back into the organization that benefits
the community. Urban Commercial Farms are strictly for-profit ventures.
Community Gardens are principal uses permitted in B-1, B-5, MC, and all residential zones. This
means that there will not be any special approvals necessary, unless it is being done on city property
(maintenance agreement). Urban Commercial Farms would be allowed in the same districts, but
would be required to obtain a Special Use Permit from the Planning Commission. This would
involve a public hearing and the neighbors within 300 feet of the property would be notified. Also,
Urban Commercial Farms may only be an accessory use to a property and must be located on a
property that already has a house or a business, Urban Commercial Farms would not be allowed on
vacant parcels. Community Gardens are allowed on vacant parcels.
On site sales would not be allowed unless the Community Garden or Urban Commercial Farm is
located in a district that allows for commercial sales of goods.
DELIBERATION
I move that the proposed amendment to Section 2313 of the City of Muskegon Zoning Ordinance, to replace
the community gardens ordinance with an urban farming ordinance, be recommended to the City
Commission for (approval/denial).
li
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Article XXIII, Section 2313, Community Gardens, of the City of Muskegon Zoning Ordinance is
amended in its entirety as follows.
SECTION 2313: COMMUNITY GARDENS, PRIVATE GARD. AND URBAN
COMMERCIAL FARMS
1. Definitions. For purposes of this ordinance, the foll al] have the meanings given to
them in this section as follows:
A, Commercial Farming means the sale of: mount, without any i imum threshold, of an
agricultural product cultivated on an Urbat: nmercial Farm or Cot
; plants, flowers or herbs by more
ot be owned by a participating
it and prevents heat escape
ight. Essentially, a cold frame
'ganic matter for use in agricultural and other
such as grass, leaves, yard waste, worms,
wastes, but specifically excluding bones,
liaison to thé
G. Farm Equipment'ar means those pieces of machinery and tools used to prepare the
soil, cultivate prodti¢é;:fertilize, harvest, etc., including but not limited to, tractors, rototillers,
rakes, shovels, hoes, fertilizer, pesticide and herbicide spreaders and sprayers, etc.
H. Greenhouse means a building or structure whose roof and sides are made largely of glass or
other transparent or translucent material and in which the temperature and humidity can be
regulated for the cultivation of plants.
I. Hoop house means an unheated structure whose roof and sides are made largely of
transparent or translucent material (not glass) for the purpose of the cultivation of plants
inside.
J. Orchard means the establishment, care, harvesting of a group of more than ten (10) fruit or
nut bearing trees.
K. Private Garden means an accessory use where the owner or tenant grows and harvests food
crops and/or non-food crops for personal use by the owner or tenant of the land.
L. Rainwater Catchment System means a method of catching rainwater runoff from the roof of a
structure into rain gutters that channel into a rain barrel, drum or cistern.
M. Urban Commercial Farm means land used for the cultivation of fruits and vegetables, plants,
flowers or herbs for sale or profit. It is an accessory use on a residential or commercial
property requiring a special use permit and business lic
Agricultural Uses
The agricultural uses of Community Gardens, Pri yar rban Commercial Farms are
limited to the cultivation of herbs, fruits, flo
tillage of soil and the production, cultivatior wing and harvesting’6:
Is, including livestock;
shall not be detrimental to the phy public health and general welfare
by reason of excessive production vibrations, odors, chemical or
biological pollutants.
Property Maintena
A. Property used: é Gardens aid Urban Commercial Farms shall
be maintained n, free of high grass (with the exception of
aw
moo
Fencing is pe
existing fenci
Applicable Laws
Community Gardens, Private Gardens and Urban Commercial Farms shall comply with all
applicable local, state and federal regulations.
Site Plan Requirements
A Site Plan is required for all Urban Commercial Farms and Community Gardens.
The Farm Coordinator shall submit a site plan to the Zoning Administrator for approval prior to
beginning a Community Garden or Urban Commercial Farm. The site plan must include the
following:
The name of the Farm Coordinator.
Bowp>
The project address.
The project name (if any).
The legal owner of the parcel(s). If the Community Garden or Urban Commercial Farm is a
tenant, include the length of the current lease.
Gross site area of parcel(s) to be used, including dimensig)
Location of the following: principal and accessory struc ; crop areas, fencing and walls,
ingress and egress, loading areas, compost piles, tr tainers and dumpsters, signage,
restroom facilities (if any), and all bodies of water Hands adjacent to or in the
immediate vicinity of the parcel(s).
G. A narrative description generally describing
i, The types, methods of application,.
and any other chemicals that will bi
ii, The type of machinery and equipment’
smoke, odor, dust, dirt that.may be a nu
‘collaboratively in growing
food for their pers¢ e for garden activities that
benefit the comr
communal environment for chi ing nearby and an opportunity for volunteer
work among.
Governmental Bus edical Care; and all Residential (R-1, RT, RM-1, RM-2, RM-3)
zoning districts.
Community Gardens and Urban Commercial Farms are permitted in their respective Zoning
Districts subject to the following conditions:
A. Each Community Garden and Urban Commercial Farm shall have a Farm Coordinator
designated as its liaison to the City. The Coordinator’s name and contact information shall be
given to the Zoning Administrator.
B. No on-site sales shall be permitted, unless the produce is grown on a site where sales of
produce are already permitted under the zoning laws, such as a grocery store or restaurant.
C, The Community Garden or Urban Commercial Farm must be designed and maintained so
that water, chemicals, dirt, mud or fertilizer will not drain into the streets, alleys or adjacent
properties. Any use of pesticides or fertilizers must comply with applicable state or federal
regulations.
D. Setback Requirements must be met:
a. Buildings and accessory structures must comply with the setback, height and size
requirements of the zoning district in which the garden or farm is located.
b. Rain barrel systems, crop areas, and planting beds must be set back at least five (5)
feet from all property lines. This may be reduced to three (3) feet within the presence
of a fence.
c. Orchards and all crops reaching a height of fiv et at maturity shall be set back
at least fifteen (15) feet from all property line ‘ side and back setbacks may be
reduced to five (5) feet within the presence:
d. The required setback areas must be cov:
s. Mulch may also be used
(5) feet of the front setback.
Compost areas or waste bins mu
must be set back at least ten (10)
feet from the nearest principal resi
E. On-site amenities like picnic
as they meet setbacks requir
and do not create a nuisance fe
F. Community Gardens on vacant p
structure.
nsed well-drilling firm, and
All groundwater wells located
f the property unless the Department of Public
s less impact on the adjacent properties.
led so that all directly emitted light falls within the
lies, and machinery shall be stored in an enclosed structure or
aily. All chemicals and fuels shall be stored off of the ground, in
L. Tractors and ot nerated motorized vehicles within a residential zoning district
shall be restricted to‘hotirs beginning at 8:00a.m. and ending at 8:00p.m
M. Temporary restroom facilities are permitted only during the growing season from April [5th
through October 15th. The facilities shall be screened on at least three (3) sides from public
view by fencing, structures or plantings of sufficient height.
Business License for Commercial Farming
All Urban Commercial Farms and those Community Gardens wishing to engage in Commercial
Farming through the sale of any agricultural products must first obtain a business license through
the City. Community Gardens that do not engage in Commercial Farming are not required to
obtain a business license.
8. Private Gardens
A. Private Gardens are permitted uses in all zoning districts.
B. Commercial Farming, i.e., the sale of any agricultural products yielded, from a Private
Garden is prohibited.
C. No Site Plan is required for a Private Garden.
D. The requirements outlined above in Section 6 for mmercial Farms and Community
Gardens do not apply to Private Gardens.
This ordinance adopted:
Ayes:
Nays:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
F MUSKEGON
By.
Ann Cummings, MMC
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on
the day of , 2015, at which meeting a quorum was present and remained throughout,
and that the original of said ordinance is on file in the records of the City of Muskegon. I further
certify that the meeting was conducted, and public notice was given, pursuant to and in full
compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were
kept and will be or have been made available as required thereby.
DATED: » 2015
Publish: Notice of Adoption to be published onc
CITY OF MUSKEGON
NOTICE OF ADOPTION
[TO BE COMPLETED after adoption]
TO: ALL PERSONS INTERESTED
Please take notice that on , 2014, the City Commission of the City of
Muskegon adopted an amendinent to Article XXIII, Section 2313, Community Gardens, of the of the
City of Muskegon Zoning Ordinance, whereby the section was replaced in its entirety with the
following:
Section 2313 was renamed “Community Gardens: ns and Private Farms”
1. Section | defines the terms used in the ordinang
2. Section 2 describes the Agricultural Uses are limited to growing and harvesting agricultural,
floricultural or horticultural produce. No farm anit
ity Gardens and Urban
oning Administrator.
Farm to
e viewed and purchased at reasonable cost at the Office of the
City Clerk in the City Hall etrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published: , 2014 By:
Ann Cummings, MMC, Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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