Planning Commission Packet 12-14-2023

View the PDF version Google Docs PDF Viewer

                                                            CITY OF MUSKEGON
                                                          PLANNING COMMISSION
                                                            REGULAR MEETING

DATE OF MEETING:                            Thursday, December 14, 2023 at 4 pm
PLACE OF MEETING:                           Commission Chambers, First Floor, Muskegon City Hall


                                                                          AGENDA
      I. Roll Call

    II. Approval of minutes from the meetings of November 16, 2023.

   III. Old Business

   IV. Public Hearings

        A. Hearing, Case 2023-33: Request to rezone the property at 1993 Austin St from B-4, General
           Business to R-2, Single-Family Medium Density Residential, by Derek Masterman.
        B. Hearing, Case 2023-34: Staff initiated request to amend Section 401 of the zoning ordinance to
           allow multi-family residential units in previously existing commercial buildings not already
           converted to residential, as a special use permitted.

    V. New Business

   VI. Other

  VII. Adjourn

AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF ITS COMMITTEES
                                              OR SUBCOMMITTEES

To give comment on a live-streamed meeting the city will provide a call-in telephone number to the public to be able to call and give comment. For a public
meeting that is not live-streamed, and which a citizen would like to watch and give comment, they must contact the City Clerk’s Office with at least a two-business
day notice. The participant will then receive a zoom link which will allow them to watch live and give comment. Contact information is below. For more details,
please visit: www.shorelinecity.com
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 with twenty-four (24) hours’ notice to the City of Muskegon.
Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or by calling the following:

Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705. clerk@shorelinecity.com




                                                                                 1
                                               Staff Report
                                            December 14, 2023


Hearing, Case 2023-33: Request to rezone the property at 1993 Austin St from B-4, General Business to R-2,
Single-Family Medium Density Residential, by Derek Masterman.

SUMMARY

   1. The property is zoned B-4, General Business. However, there is an occupied residential house on the
      lot, which makes the building and use legally non-conforming. The parcel measures 15,360 sf
      (formerly three parcels) and the house measures 1,000 sf.
   2. The property is located along Keating Ave between the Medindorp Industrial Center and a business
      corridor along Getty St.
   3. The application has requested to rezone the property because he would like it to have the proper
      zoning for the use and he also mentioned that he wanted accurate comparables for assessments.
   4. Notice was sent to everyone within 300 feet of the property. At the time of this writing, staff did not
      receive and comments.




                                              1993 Austin St




                                                     2
Zoning Map




Aerial Map




    3
STAFF RECOMMENDATION

Staff recommends approval of the rezoning request. The future land use map from the master plan depicts
this parcel as residential. Past efforts to allow for more intense uses in this area never materialized and there
does not appear to be any demand for commercial/industrial uses here. The parcel is actually three former
residential lots combined together. Rezoning the lot to R-2 would allow it to be split into three residential lots
if the owner chose to, which could assist in addressing the current housing crisis.


                                            Future Land Use Map




DELIBERATION

The following proposed motion is offered for consideration:

I move that the request to rezone the property at 1993 Austin St from B-4, General Business to R-2, Single-
Family Medium Density Residential be recommended to the City Commission for approval.




                                                        4
Hearing, Case 2023-34: Staff initiated request to amend Section 401 of the zoning ordinance to allow multi-
family residential units in previously existing commercial buildings not already converted to residential, as a
special use permitted.

SUMMARY

   1. Many neighborhoods, especially those in close proximity to downtown, have small commercial
      buildings located within residential blocks. These may be retail buildings or small mixed-use
      buildings, but are often times zoned for single-family residential. There is a clause in the zoning
      ordinance that allows certain business uses in these buildings with the issuance of a special use
      permit.
   2. Most of these buildings were constructed when commercial businesses were more popular within
      neighborhoods. Residents still request for a return of these commercial businesses, but the
      establishment of large business corridors and internet commerce make it difficult to find success at
      these locations. The current housing crisis also suggests that there may better uses for these existing
      assets. In the recent past, the Planning Commission has allowed for additional residential units at
      these buildings with the issuance of a special use permit. This ordinance amendment request would
      codify standards to approve such requests.
   3. Ultimately, staff encourages these types of buildings zoned Form Based Code, which would allow
      flexibility for multi-family housing and small commercial businesses as a use by right. However, if
      these neighborhoods are going to continue to be zoned for single family housing, we must amend the
      zoning ordinance to allow for flexibility of uses at these types of buildings.


                 Former commercial buildings on Beidler St in the Nims Neighborhood.




                                                      5
Zoning Ordinance Excerpt


Special Uses Permitted in Single-Family Residential Districts:




Proposed Amendment
Addition of 6.b.1-3


6.b Multi-family housing with the following conditions:
1) Minimum unit sizes must be met.
2) No more than six residential units total (in addition to a single commercial unit).
3) There must be at least one parking space per unit on site. This requirement may be waived with the
establishment of a shared parking agreement within 1,000 feet of the property or if the applicant can
demonstrate an over capacity of street parking within 1,000 feet of the property.




                                                        6
Special Use Permit Requirements

In addition to any extra standards required for a special use permit, they all must meet the following
standards listed below:




DELIBERATION

The following proposed motion is offered for consideration:

I move that the request to amend Section 401 of the zoning ordinance to allow multi-family residential units
in previously existing commercial buildings not already converted to residential be recommended to the City
Commission for approval as proposed.




                                                       7

Top of Page


Sign up for City of Muskegon Emails