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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, January 14, 2009
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 of the regular meeting of November 12, 2009.
III. PUBLIC HEARINGS
IV. OLD BUSINESS
V. NEW BUSINESS
A. Case No. 2010-01 Request for site plan review for property located at 400 & 410 W.
Laketon Avenue, by Carla Skoglund, Muskegon Rescue Mission.
VI. OTHER
VII. Adjourn
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Muskegon, MI 49440
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
November 13, 2009
Chairman T. Michalski called the meeting to order at 4:02 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, B. Larson, B. Turnquist, T. Harryman , L. Spataro,
S. Warmington, B. Mazade
MEMBERS ABSENT: B. Smith
STAFF PRESENT: L. Anguilm, D. Leafers
OTHERS PRESENT: T. Church, Channel View Place; D. Barns, 3509 Channel Dr.; Mr.
Beute, 3540 Fulton; C. Jensen, 1873 LeTart; D. Alonzi, Turning
Leaf Residential Rehabilitation Services; D. Rinsema-Sybenga,
425 W. Western Ave.
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of October 15, 2009 be approved, was made by B.
Larson, supported by L. Spataro and unanimously approved.
PUBLIC HEARINGS
Chairman T. Michalski stated that the board would hear case 2009-21 first, since the applicant for case
2009-20 was not yet present.
Hearing; Case 2009-21: Planning Commission-initiated request to clarify the Special Use Permit issued
to the Great Lakes Naval Museum, per section 1701, #11 of Article XVII of the Zoning Ordinance to
allow a museum in an OSR, Open Space Recreation zoning district at 3800 Bluff Street. L. Anguilm
presented the staff report. The 2.58-acre Great Lakes Naval Memorial and Museum property has a
special land use permit to operate as a museum. The Planning Commission requested a public hearing to
clarify the uses that would be allowed on the property as part of that permit, originally issued in
September 2005. A sub-committee consisting of T. Michalski, S. Warmington, and L. Anguilm was
formed to review the issue. The conditions listed in the staff report as part of the motion are those
recommendations agreed to by the sub-committee. If the Planning Commission wishes to develop a list
of approved events, that list could be adopted as part of the motion. T. Fisher, 1379 W. Harbour Towne
Circle, called to state that he supported any museum events at the site. Staff received several other phone
calls from residents asking questions regarding the reason for the meeting. Based on compliance with the
1997 Master Plan and City Zoning Ordinance, staff recommends approval of the conditions to be placed
on museum events, as compiled by the sub-committee.
T. Michalski and S. Warmington provided information on the subcommittee meetings and their findings.
L. Anguilm distributed a memo to interested audience members, describing the event conditions
discussed. S. Warmington discussed special liquor licenses. He also stated that all museum events must
comply with parking regulations. T. Church, who lived on Channel View Place across from the museum,
stated that he didn’t think there was adequate parking on the site. He was also a board member of
Harbour Towne Yacht Club and was concerned about unfair competition. D. Barns lived near the
museum and was upset that the museum kept coming back to the Planning Commission with requests for
items/events that were not included in the original special use permit approval. He also stated that some
of the initial commitments made by the museum when the SUP was granted had not been honored,
including the accessible walkway along the channel. He wanted the museum staff to have better
communication with the neighbors and to address their concerns.
B. Mazade arrived at 4:22 p.m.
S. Warmington explained the museum’s concerns, and the perceived disparity between what they were
allowed to do and what other non-profits were allowed. Mr. Beute stated that he was unhappy with the
way museum events were being handled and urged the Planning Commission to slow down on events
there. He was also concerned that unpackaged fudge was being sold, and felt that this could lead to more
unregulated food sales. T. Michalski stated that the food issue was regulated by the health department.
C. Jensen stated that she had obtained a license from the health department to sell the fudge. Board
members discussed public access/walkways on the site, and whether property along the channel was
owned by the City or Army Corp. T. Church asked the Planning Commission to follow up on the fudge
sale issue. T. Michalski encouraged anyone who was concerned about that issue to contact the Health
Department. S. Warmington stated that he would contact the Health Department on behalf of the City.
A motion to close the public hearing was made by B. Larson, supported by L. Spataro and unanimously
approved.
A motion to further clarify conditions for events held at the Naval Museum to include the following: 1)
There are no alcoholic beverages allowed on the premises without an approved liquor license, 2) No
alcohol is allowed when youth are present (“youth” refers to anyone under 18 years of age), 3) The
museum can use whatever number of temporary liquor licenses for non-profit organizations that are
approved by the City Commission only for fund raisers for the Naval Museum; no other agency may hold
a fund raiser with such a temporary license on the premises, 4) Any evening events not involving a
temporary liquor license must end by 9 p.m.; those involving a temporary liquor license must end by 10
p.m., 5) Any catered events must have the approval of the Muskegon County Health Department, 6)
Events must maintain the mission of the organization stated in the lease; no wedding receptions, class
reunions or other such rental hall type of activities are permitted, 7) Business meetings are allowed at the
Naval Museum during the day with no alcohol served, and 8) Any events or activities held must comply
with the number of approved parking spaces on the site, was made by L. Spataro and supported by B.
Larson, with discussion continuing.
L. Spataro stated that any further expansion of services at the site would have to be approved by the
Planning Commission and neighbors would be notified. B. Turnquist asked about the number of
temporary liquor licenses allowed. L. Spataro stated that the number was set by State law. B. Turnquist
hoped that other events at the facility would not take away from the youth events held there. S.
Warmington stated that he would relay that concern to the museum board.
A vote was taken on the above motion, which passed unanimously.
Hearing; Case 2009-20: Request for a Special Land Use Permit, per section 2203, #1 of Article XXII of
the Zoning Ordinance, to allow an expansion not exceeding 30% of a nonconforming structure at 788
Marquette Avenue, by David Mayville, BMA Architects, LLC. L. Anguilm presented the staff report.
This property was originally owned and developed as an adult foster care home by the State of Michigan.
It has since been sold to private owners. Zoning of the property is R-1, Single Family Residential, as are
properties in all directions with the exception of a small strip of B-1, Limited Business zoning on the
southeast corner of Marquette and Getty. The garage is located in the front yard, and is therefore a
nonconforming structure. The owners wish to add a pergola on the east side of the garage to provide a
covering over the cement patio area for residents to use for outdoor seating. The pergola will be 145
square feet, which is less than the 30% maximum allowable expansion of the 484 square-foot garage.
The Planning Department has no outstanding issues with the site plan, nor do the Public Works,
Engineering, or Fire Departments. Staff has received no other comments regarding this request and
recommends approval, based on compliance with the 1997 Master Plan.
L. Spataro stated that an adult foster care home was an allowed use in an R-1 zoning district, so the non-
conforming part of this request was the structure, not the use. D. Alonzi, of Turning Leaf Residential
Rehabilitation Services, stated that they had taken over the AFC home on October 1 and had been making
several improvements to the site. They wished to add the pergola to provide shade over the patio area
adjacent to the garage. T. Michalski asked if they’d be increasing the number of residents at the facility.
D. Alonzi stated that they would not.
A motion to close the public hearing was made by L. Spataro, supported by B. Mazade and unanimously
approved.
L. Spataro disclosed that he was an employee of Community Mental Health, who contracted with Turning
Leaf Residential Rehabilitation Services.
A motion that the special land use permit, per section 2203, (#1) of Article XXII of the Zoning
Ordinance, to allow an expansion of a nonconforming structure not exceeding 30% at 788 Marquette
Avenue, by David Mayville, BMA Architects LLC, be approved, based on compliance with the City’s
Master Land Use Plan and conditions set forth in Section 2332 of the City of Muskegon Zoning
Ordinance with the conditions that 1) the owner shall permit the zoning administrator or other zoning staff
in the premises at reasonable times to review compliance with this permit, 2) the special land use permit
shall become null and void within one year of the public hearing if the use has not been established or
there is a violation of conditions 1 & 2, and 3) the Special Land Use permit document shall be recorded
with the Register of Deeds prior to occupying the building, was made by B. Larson, supported by B.
Turnquist and unanimously approved.
S. Warmington overheard a neighbor in the audience discussing a garbage dumpster that had been placed
near the window of her home. L. Anguilm stated that staff had already requested that it be moved. D.
Alonzi stated that they would move it.
Hearing; Case 2009-22: Staff-initiated request to amend Article II, Definitions, to modify the definition
for “mezzanine”. L. Anguilm presented the staff report. Over the past couple of years, several requests
have been received by the Planning Department to construct mezzanines in certain 2-story homes with
high ceilings. Due to the current ordinance language these weren’t allowed, even when the total height of
the house was within the height limit. By making this change to the definition, our ordinance would be
more in keeping with requests by home owners to make use of previously wasted space in cathedral
ceilings, which is a trend in new homes and additions to existing homes. The present and proposed
definitions of “mezzanine” were provided in the staff report.
B. Mazade stated that he wasn’t sure the language was clear enough. L. Anguilm stated that the problem
with the current language was the “intermediate level” terminology, which was removed.
A motion to close the public hearing was made by T. Harryman, supported by L. Spataro and
unanimously approved.
A motion that the amendment to Article II, Definitions, to amend the definition of “mezzanine”, be
recommended to the City Commission for approval was made by T. Harryman, supported by L. Spataro
and unanimously approved.
Hearing; Case 2009-23: Staff-initiated request to amend Section 2334, #5 (f) (Signs) of Article XXIII to
modify “Exempt Signs”. L. Anguilm presented the staff report. Recently a new sign was proposed for
identifying the new stage area in the common area downtown between the DMDC property and Third
Street, recently referred to as the “Third Street Commons”. Our present zoning ordinance made no
provisions for this type of signage. In an attempt to keep our zoning ordinance reflecting the times, the
following amendment to the “Exempt Signs” section of the sign ordinance is proposed (additions are in
bold): “5. f. Historic markers, wall signs identifying the names of a building, place or date of erection of a
structure.”
T. Harryman asked if the new language went along with the language in the Historic District ordinance.
L. Anguilm stated that HDC language would have to comply with the sign ordinance.
A motion to close the public hearing was made by L. Spataro, supported by T. Harryman and
unanimously approved.
A motion that the amendment to Section 2334, (Signs) #5 (f) of Article XXIII, to modify “Exempt
Signs”, be recommended to the City Commission for approval was made by L. Spataro, supported by T.
Harryman and unanimously approved.
NEW BUSINESS:
None
OTHER
Design Criteria for 100 Muskegon Mall PUD – D. Rinsema-Sybenga spoke on behalf of the DMDC
regarding revised design criteria for the former mall site. They wanted to tighten up some of the
language. He distributed a copy of the Development Standards to the board and reviewed proposed
changes. L. Anguilm asked if the green building portion had been adopted by the City. D. Rinsema-
Sybenga stated that it hadn’t; the DMDC was requesting that. B. Turnquist stated that the 4-foot front
setback was not very big, which would discourage sidewalk café-type seating. He preferred that the
setback be more than 4 feet for that reason.
B. Larson left at 5:20 p.m.
Sign Ordinance – B. Mazade asked Planning Commission members if they would be interested in
revisiting the City’s sign ordinance. He stated that he had received many comments and concerns
regarding sign ordinance restrictions. Board members discussed the sign ordinance and concurred that
they would be willing to review it.
There being no further business, the meeting was adjourned at 5:30 p.m.
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
January 14, 2010
Case No. 2010-01 Request for site plan review for property located at 400 & 410 W. Laketon
Avenue, by Carla Skoglund, Muskegon Rescue Mission.
BACKGROUND
Applicant: Carla Skoglund, Muskegon Rescue Mission
Property Address/Location: 400 W. Laketon Avenue
Request: Site Plan Review
Present Land Use: Rescue Mission’s Men’s Facility
Zoning: RM-2– Medium Density Multiple Family Residential
STAFF OBSERVATIONS
1. The property is a 2.12 acre parcel that presently contains a building owned and occupied
by Muskegon Rescue Mission men’s facility.
2. Muskegon Rescue Mission originally applied for a special land use permit in July 2009 to
allow for an expansion of the facility. Upon further discussion with their Board of
Directors, they discovered a rezoning would allow them to build a new facility which
would be in compliance with all zoning requirements. The property was rezoned RM-2,
Medium Density Multiple Family Residential in October 2009.
3. The properties to the North, South and West are zoned, I-2, General Industrial and the
property to the East is zoned B-4.
4. There is a small portion of the building that will be left and rehabilitated, and the majority
of the building will be new construction. The “zero lot line option” is being utilized in
order to fit the building on the odd shaped triangular lot. This option is available in most
zoning districts, but does contain conditions for its use:
Excerpt from Section 803, Article VIII:
13. Zero lot line option: New principal buildings may be erected on the rear lot line
and/or one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development
under the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the
zoning administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
5. The City Commission granted the required maintenance access agreement for the
applicant at the December 8, 2009 meeting. The other conditions will either be met or
do not apply.
6. The site plan has many items that must be addressed. The following items must be
corrected on the site plan and three revised copies submitted to the Planning Department.
a) The building must meet the front setback of 25 feet on Laketon Ave.
b) The parking spaces must be reduced from 33 to no more than 30.
c) A vicinity map must be submitted.
d) A grading plan must be submitted.
e) Soil erosion and sediment control measures must be presented.
f) Topography elevations must be shown.
g) Arrows showing direction of existing overland flow of stormwater runoff must be
presented.
h) The location, type, height and design of any outdoor lighting must be submitted.
i) Location of fire lanes, fire lock box, hydrants, standpipes and security lighting
must be submitted.
j) Canopy trees must be 12ft in height.
k) Screening for the freezer, cooler and dumpster must be submitted and the
screening for the generator must be no taller than 6 feet in height.
l) All signage must receive permits.
7. The Fire Department has the following conditions of approval:
a) Existing Fire Department connection shall be changed from 2 ½ to a 5 inch stortz
connection.
b) Fire flow calculation shall be conducted to determine water supply, number of fire
hydrants required shall comply with IFC section C-103 2006 edition.
c) New keys shall be provided for all new doors.
d) Any fire hydrants removed shall be relocated to maintain water supply.
e) Building address required on street front of buildings.
8. The Engineering Department has the following conditions of approval:
a) The bike path cannot be blocked nor can it be used for access. No equipment can
be placed on the bike path.
9. The Department of Public Works had the following comment regarding the request:
a) Contact the City DPW regarding any water or sewer relocation that may be
needed.
10. Staff has received no comments regarding the request.
Vacant lot purchased from the City. West side of the building.
Close-up of the front of the building. East side of the building, including parking lot.
Standards for Site Plan approval:
Prior to approving a site plan, the City shall require that the following standards be
satisfied:
a. Schedule of Regulations: The site plan shall comply with the requirements for height, lot
size, yard space, density and all other requirements as set forth in the district regulations.
b. Other codes and standards: To the extent necessarily shown in the site plan, it shall
comply with other applicable City codes and standards.
c. Compatibility with surrounding land use and development: All elements shall be located,
designed and organized in relation to topography, the size and configuration of the parcel,
the character of adjoining property and the type and size of the buildings. The site shall
be developed so as not to impede the normal and orderly development or improvements
of surrounding property for uses permitted in this Zoning Ordinance.
d. Preservation of natural features: The landscape shall be preserved in its natural state,
insofar as practical, by removing only those areas of vegetation or making those
alterations to the topography which are reasonably necessary to develop the site.
e. Landscaping: Landscape buffers and greenbelts shall be provided and designed in
accordance with the provisions of this Ordinance. Fences, walks, barriers and
landscaping shall be used, as appropriate, for the protection and enhancement of the
property and for the privacy of occupants and neighbors.
f. Stormwater management: Drainage design shall recognize existing natural drainage
patterns. Stormwater removal shall not adversely affect neighboring properties or the
public storm drainage system. Provisions shall be made to accommodate stormwater on-
site, using sound engineering practices.
g. Soil erosion control: Appropriate measures shall be taken to ensure compliance with
state and local soil and sedimentation control regulations.
h. Wetlands Protection: The natural retention or storage capacity of any wetland, water
body, or water course will not be substantially reduced or altered in a way which could
increase flooding or water pollution at the site or other locations.
i. Emergency Access: All site improvements and structures shall be arranged so as to
permit necessary emergency vehicle access and to comply with the locally adopted fire
code.
j. Public streets and private roads: All uses must have access to a public street or a private
road. All streets and curb cuts shall be developed in accordance with City specifications,
the Michigan Department of Transportation, and/or private road regulations of the City,
whichever applies.
k. Access Management: Streets and drives on a site shall be of a width appropriate to the
traffic volume they will carry and shall have adequate paved areas for vehicles. Traffic
mitigation techniques such as on-site parallel access lanes, rear access lanes, deceleration
lanes and traffic calming measures may be required. Shared curb cuts and access ways
may also be required.
l. Site Circulation and Parking: Parking areas shall meet the requirements of this
ordinance. All parking spaces and circulation patterns shall be marked. Curb stops or
curbing may be required to prevent encroachment on required setbacks and screening.
Provisions for on-site maneuvering of vehicles shall be made so as to discourage backing
and movements of trucks on abutting public streets. On site traffic control signs shall be
visible and understandable.
m. Pedestrian safety: The on-site pedestrian circulation system shall be separated as
completely and reasonably as possible from the vehicular circulation system. In order to
ensure public safety, special pedestrian measures such as sidewalks, crosswalks, and
other such facilities may be required for the development. The site circulation shall be
connected to existing or planned streets and pedestrian or bicycle pathways in the area as
appropriate.
n. Site amenities: The site plan shall provide outdoor common areas and associated
amenities for employees, customers and/or residents which may include public trash
receptacles, bike racks, seating areas, recreation areas, shade trees, bus stop turn-outs, and
similar facilities where appropriate.
o. Utility Service: The development must be adequately served by necessary public
services and shall not impose an undue burden on public services and infrastructure. All
utilities for new construction shall be placed underground. Any installations which must
remain above ground shall be compatible with those on adjacent properties.
p. Lighting: Exterior lighting shall be arranged so it is deflected away from adjacent
properties and so it does not impede the vision of traffic along adjacent streets. Flashing
or intermittent lights shall not be permitted. Design of lighting fixtures shall be
compatible with those on adjacent properties. Light poles and fixtures shall be no higher
than twenty-five (25) feet.
q. Signs: The size, location, and lighting of all permanent signs shall be consistent with the
requirements of this Ordinance.
r. Accessibility: All sites shall be designed to comply with barrier-free requirements.
s. State and Federal Mandates: The site plan shall demonstrate compliance with any state
or federal statute, regulation or ruling, whether general or site specific, which is
applicable to the property. This shall include without limitation any legally enforceable
restrictions on development or improvements which have been communicated or required
by a state or federal agency. It shall include, without limitation, requirements of laws,
regulations, rulings or agency requirements concerning environmental protection, waste
management, floodplains, soil and sedimentation, protection of ground or surface water
resources, soil conditions, and the presence of hazardous materials in or contamination of
soils, air and water pollution matters and provisions which are designed for or reasonably
related to the protection of the public health, safety or welfare. The applicant shall
demonstrate that all said statutes, regulations, rulings, or requirements have been satisfied
by its site plan and that there are no State or Federal agencies which have required, or are
in the process of requiring, any additional action, restriction or compliance. In the event
a property is the subject of any governmental regulatory action or requirement, or without
limitation, the property is located in the "facility" as defined by state or federal law, the
state or federal agency responsible for the applicable regulation shall be notified in
writing of the filing of the site plan and any hearing regarding the application for
approval.
RECOMMENDATION
Staff recommends approval of the request for site plan approval for a new building and partial
renovation to the Muskegon Rescue Mission men’s facility, subject to the conditions listed
below.
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for a new building and partial renovation for property located at
400 & 410 W. Laketon Avenue for Carla Skoglund, the Muskegon Rescue Mission, be
(approved/denied/tabled), based on the following findings and conditions (if approved):
1. All requirements listed in item #6 of the staff report shall be provided as needed on a
revised site plan prior to issuance of a building permit.
2. All the requirements of the Fire Department listed in #7 of the staff report be met.
3. All requirement of the Engineering Department listed in #8 of the staff report be met.
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