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CITY OF MUSKEGON
PLANNING COMMISSION
SPECIAL MEETING
DATE OF MEETING: Thursday, October 31, 2013
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 from the regular meeting of August 15, 2013.
III. Public Hearings
A. Hearing, Case 2013-12: Request for a Special Use Permit to construct and operate a
juvenile transition center in a B-5, Governmental Services district at 97 E Apple Ave,
by Muskegon County.
IV. New Business
V. Old Business
VI. Other
A. Extending the Master Plan
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 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
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
August 15, 2013
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: L. Mikesell, B. Mazade, J. Doyle, B. Larson, B. Smith, T.
Michalski,
L. Spataro
MEMBERS ABSENT: S. Gawron, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: D. Hoffman, Family Promise of the Lakeshore; V. Jackson, 493
Catawba
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of July 11, 2013 be approved, was made by J.
Doyle, supported by B. Mazade and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2013-11: Request for a Special Use Permit (SUP) to operate a social services
center in an RM-1, Medium Density Multiple Family Residential district at 1275 Kenneth Street,
by Family Promise of the Lakeshore. M. Franzak presented the staff report. The subject lot
measures approximately 37,461 square feet (0.86 acres) and the building is approximately 14,000
square feet. The building will house the administrative offices for Family Promise, a day care
center, four apartment units and possibly a catering business. The property is zoned RM-1,
Medium Density Multiple Family Residential. Professional offices and catering businesses require
a special use permit in this zoning district. The other uses are allowed by right. The current
parking lot contains 13 parking spaces. The site plan shows an additional 6 spaces to be added to
the eastern corner of the property. Staff believes that this amount of parking will be sufficient.
D. Hoffman, president of the board of trustees of Family Promise of the Lakeshore, provided
information on the organization and the services they provide. T. Michalski asked if the nursing
home was still at that location. D. Hoffman stated that the nursing home had moved to a new
location. He stated that Family Promise would have a small number of office staff in the building
to support the families in the programs. L. Spataro asked if there would be a restriction on the
office hours, since this was in a residential area. M. Franzak stated that the board could limit hours
of operation by placing conditions on the special use permit. L. Spataro asked for clarification on
the use of the kitchen for a catering business. He was concerned that the place could be used as a
rental hall for outside events, which would not be appropriate in the residential area. D. Hoffman
stated they would not be using the building for any kind of rental hall, but would use the kitchen to
cook for in-house functions and possibly for events held elsewhere. T. Michalski asked how long
families would be able to stay at the facility. D. Hoffman stated that 30 to 60 days was the norm,
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but families would be allowed to stay longer when necessary. He expected that would be no longer
than 1 to 2 years. L. Spataro asked about the number of apartments in the building. D. Hoffman
stated there would be 8 at the most. J. Doyle asked if there were any requirements for parking lot
lighting. M. Franzak stated that there were not, for a parking lot this size. T. Michalski asked that
the organization be cognizant of light pollution in the area. D. Hoffman stated that he was aware
of that concept and had been considering LEED certification. He was not sure yet that they would
be able to accomplish that, but did intend to have an energy-efficient facility.
V. Jackson lived near the facility and was concerned with parking in the area, since it was only
allowed on one side of the street on Catawba. M. Franzak explained the parking requirements, and
stated that this building would actually have more parking now, with the proposed changes. The
resident of 590 Catawba spoke in favor of the request. She stated that she had been a client of
Family Promise and they had some great programs. L. Spataro asked how many off-street parking
spaces were required. M. Franzak stated that he calculated a total of 17 required spaces, and the
plan showed two more than that. D. Hoffman stated that he expected to have less traffic at their
facility than the nursing home had before them.
A motion to close the public hearing was made by B. Larson, supported by L. Spataro and
unanimously approved.
A motion that the request for Special Land Use Permit, per section 701 of Article VII of the
Zoning Ordinance, to allow professional offices and a catering business in a RM-1 zoning district
at 1275 Kenneth Street, by Family Promise of the Lakeshore, 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, was made by J. Doyle, supported by L. Mikesell and unanimously
approved.
L. Spataro asked if there needed to be language in the approval to restrict the use of the facility for
a rental hall. B. Mazade thought the ordinance language was clear enough to prevent that use.
NEW BUSINESS
None
OLD BUSINESS
None
OTHER
Extending the Master Plan – Staff introduced a letter from City Attorney John Schrier regarding
extension of the Master Plan. Staff recommends extending the current Master Plan rather than
rewriting it at this point, and instead focusing on updating the Zoning Ordinance, which has only
had one comprehensive update since 1957.
A motion to allow staff to extend the City’s Master Plan was made by B. Larson, supported by L.
Spataro and unanimously approved.
There being no further business, the meeting was adjourned at 4:26 p.m.
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Hearing, Case 2013-12: Request for a Special Use Permit to construct and operate a juvenile
transition center in a B-5, Governmental Services district at 97 E Apple Ave, by Muskegon
County.
STAFF OBSERVATIONS
1. The facility will be constructed on the same parcel as some of the other County facilities at
97 E Apple Ave. The area dedicated to the new facility is roughly 90,000 sqft. The new
building will be two stories and has a 25,900 sqft footprint on the first floor.
2. The property is zoned B-5, Governmental Business district. The properties to the south
and west are zoned residential. The properties to the north and east are zoned for business.
3. The building will have a 65’ front setback off of Delaware Ave and a 195’ setback off of
Pine St.
4. There will be an outdoor recreation yard screened by a 8’ high masonry wall and a 12’
chain link fence.
5. There is adequate parking on site for all uses, including the new addition.
6. The landscaping plan goes beyond the requirements and should be a great addition to the
currently vacant parking lot. There will be less stormwater runoff with the addition of this
facility.
7. There is a proposed one way entrance off of Delaware Ave. The facility may also be
accessed by entrances on Pine St and Apple Ave.
97 E Apple Ave looking north from Delaware Ave
97 E Apple Ave looking east from Pine St.
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Aerial Map
Zoning Map
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Ordinance Excerpt:
B-5 CENTRAL GOVERNMENTAL SERVICE DISTRICT
SECTION 1306: SPECIAL LAND USES
The following uses, and their accessory buildings and accessory uses, shall be permitted as special
uses under Section 2332 after review and approval of the use (and a site plan) by the Planning
Commission, after Public Hearing, subject to the applicable conditions imposed by the Planning
Commission.
1. Correctional facilities provided:
a. The facility meets national, state, and local codes and design criteria for correctional
facilities including, without limitation, construction and security requirements.
b. The facility is secure, "lock-up," and operated by the County Sheriff's Department or
City of Muskegon Police Department.
c. The facility shall be screened from residential uses, using materials and fencing
compatible with residential uses and practice.
d. Lighting, access and security devices shall be located and screened to avoid negative
effects on, and achieve compatibility with, surrounding and adjacent uses and
properties.
e. Facilities for transportation of prisoners must be located inside the secured areas of the
building.
2. Youth homes provided the facility meets the same requirements as a Secured Correctional
facility approved as a special use in this District.
3. Transitional Living Centers provided [amended 9/10]:
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.
4. Parking Structures.
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5. Multiple family residential uses.
6. Temporary uses, which shall be applied for and utilized in accordance with reasonable
special conditions limiting the duration of the use. Such conditions may include, without
limitation, imposition of the time limit for the use, the requirement of dismantling,
restoration of improvements to their former configurations, consent to and execution of
documents giving unconditional rights of entry to the city to carry out eviction,
dismantling and restoration activities and the requirement of bonding or other security to
assure the discontinuance and structural changes needed or appropriate in the judgment of
the Planning Commission to terminate the use. Temporary uses may include, in the sole
discretion of the Planning Commission, uses which are not permitted uses or special uses
enumerated in this Ordinance, as well as permitted and special uses in this district. The
Planning Commission may determine to limit the duration of any special use under
consideration in accordance with this paragraph.
7. Wind Turbine Facilities [amended 10/09]
[Original SECTION 1307 (Signs) was REPEALED in 10/98]
SECTION 1309: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 10,890 sq. feet.
2. Maximum lot coverage:
Buildings: 80%
Pavement: 25%
3. Lot width: 40 feet (shall be measured at road frontage unless a cul-de-sac, then measured
from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
times longer its width.
5. Height Limit:
Maximum height: 4 stories or 60 feet.
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the following street
corridors:
Western Avenue from Ninth Street to Pine Street.
Clay Avenue from Seventh Street to Fourth Street.
Pine Street; from Western Ave. to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the building
line abuts the front yard, except as follows: to the deck line of mansard roofs, and the
average height between eaves and the ridge of gable, hip, and gambrel roofs (see Figure 2-
2). If the ground is not entirely level, the grade shall be determined by averaging the
elevation of the ground for each face of the building (see Figure 2-4).
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6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures only).
9. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
4-story: 16 feet and 20 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
10. 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.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
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DELIBERATION
I move that the request for a Special Land Use Permit, per section 1306 of the Zoning Ordinance,
to allow for a juvenile transition center in a B-5, Governmental Business district at 97 E Apple
Ave, by the Muskegon County, be (approved/denied/tabled), based on (compliance/lack of
compliance) with the City’s Master Land Use Plan and conditions set forth in Section 2332 of the
City of Muskegon Zoning Ordinance.
OTHER:
Extending the Master Plan
Notices have been sent to the surrounding jurisdictions about the Master Plan update. Planning
Commission must vote again to extend the current Master Plan after hearing public comments.
If you would like to view the Master Plan, it is located at:
http://www.muskegon-mi.gov/departments/planning/plans/master-plan/
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