View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, September 16, 2010
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA (REVISED)
I. Roll Call
II. Approval of minutes of the regular meeting of August 12, 2010.
III. PUBLIC HEARINGS
A. Hearing; Case 2010-31 (tabled): Request to amend Article II (Definitions) of the
zoning ordinance to include a definition for Transitional Living Center, by West
Michigan Therapy, Inc.
B. Hearing; Case 2010-32 (tabled): Request to amend Section 1306 (Special Land Use
Permitted) of Article XIV (B-5, Governmental Service District) of the zoning ordinance,
to allow Transitional Living Centers as a special use permitted in B-5, Governmental
Service Districts, by West Michigan Therapy, Inc.
IV. OLD BUSINESS
V. NEW 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 Marie Becker, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
September 17, 2010
Case 2010- 31 (tabled): Request to amend Article II (Definitions) of the zoning ordinance to
include a definition for Transitional Living Center, by West Michigan Therapy, Inc.
BACKGROUND
This case was tabled from the August 12, 2010 meeting. West Michigan Therapy, Inc. is seeking
to use the building at 1823 Commerce St to provide services and shelter to the homeless and
those at risk of being homeless. However, the City of Muskegon zoning ordinance does not have
a definition for this type of use, as all of the shelters currently operating in the City are
considered legal-non conforming uses. A definition was presented at the August 12, 2010
meeting; however, the Planning Commission decided to table the case and asked staff and a
small committee to revise the definition. The committee met on August 24 and is recommending
the approval of the following definition.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Article II, Definitions
Transitional Living Center: A facility that provides temporary housing and services to the
homeless.
RECOMMENDATION
Staff recommends approval of the definition for Transitional Living Center. It is recommended
that this definition be approved, no matter how the Planning Commission may feel about the
possibility of West Michigan Therapy, Inc operating at 1823 Commerce. That matter of business
can be handled at the October 14, 2010 meeting. This definition will set the guidelines on any
other future requests and will give the legal-non conforming entities the possibility of becoming
compliant.
DETERMINATION
The following motion is offered for consideration:
I move that the amendment to Article II (Definitions), of the City of Muskegon Zoning
Ordinance to add the staff written definition for Transitional Living Center, be recommended to
the City Commission for (approval/denial).
Hearing; Case 2010-32: Request to amend Section 1306 (Special Land Use Permitted) of
Article XIV (B-5, Governmental Service District) of the zoning ordinance, to allow Transitional
Living Centers as a special use permitted in B-5, Governmental Service Districts, by West
Michigan Therapy, Inc.
BACKGROUND
This case was also tabled from the August meeting and the committee was asked to explore other
zones for placement of Transitional Living Centers. The committee researched different zone
districts and is proposing to allow them as a special use permitted in B-5, Central Governmental
Service Districts.
Please note the enclosed zoning excerpt for B-5, Central Governmental Service Districts
There currently is only one B-5 District in the City. It is located near the south-west end of
downtown (see enclosed map). Staff does not foresee any future interest in locating a
Transitional Living Center in this area, given the small boundaries and lack of compatible
buildings. The scarcity of the zone may also cut down on the number of requests for this type of
use, which may prove to be beneficial, since many have shared concerns over the saturation of
these types of uses in certain areas. This would make it likely that any requests for a Transitional
Living Center would also need a rezoning.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 1306 of Article XIV, “Special Uses Permitted”
New #3
3) Transitional Living Centers provided:
a) The center must be associated with a governmental agency or bona fide
charitable association, such as a 501 (c) organization.
b) The residents must be provided with information on supplemental
services, such as re-housing assistance and substance abuse treatment.
c) Staff must be located on site twenty-four hours a day, seven days a week
for programs that provide on site overnight sleeping accommodations.
d) Residents may not be housed for more than six (6) consecutive months.
e) The center does not conflict with any of the prohibited uses stated in
Section 1305.
STAFF RECOMMENDATION
Staff recommends allowing Transitional Living Centers as a special use permitted in B-5,
Governmental Service Districts.
DELIBERATION
I move that the amendment to Section 1306, #3, of Article XIV, of the City of Muskegon Zoning
Ordinance, be recommended to the City Commission for (approval/denial).
2
Sign up for City of Muskegon Emails