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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
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