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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
August 12, 2010
Chairman T. Michalski called the meeting to order at 4:03 p.m. and roll was taken.
MEMBERS PRESENT: L. Spataro, T. Harryman, B. Turnquist, S. Warmington,
T. Michalski, W. Parker, B. Smith, B. Larson
MEMBERS ABSENT: B. Mazade, excused
STAFF PRESENT: M. Franzak, D. Leafers
OTHERS PRESENT: L. Churchwell, West MI Therapy; S. Sims, 313 W Muskegon; S.
Vandenberg, 3531 Denver; C. Martin Jr, 1782 McIlwraith; P.
Boles, 3060 Maple Grove; R. Sprague, 1050 Harbor Point Ct; P.
Billings, 1877 Peck; A. Martin, 1782 McIlwraith; M. Bouman,
Pioneer Construction
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of July 15, 2010 be approved, was made by S.
Warmington, supported by T. Harryman and unanimously approved.
PUBLIC HEARINGS
Case 2010- 31: Request to amend Article II (Definitions) of the zoning ordinance to include a
definition for Transitional Living Center, by West Michigan Therapy, Inc. M. Franzak presented
the staff report. West Michigan Therapy Inc, owners of 1823 Commerce St, would like to use
the property for an extension of their services. They are proposing to temporarily house those
that are homeless and at risk of being homeless, and provide them with re-housing assistance
services. Their goal is to have people back living in a residence within 90 days, but they do not
intend to release anyone that has not found a home yet after those 90 days. They would like to
call this type of use a Transitional Living Center. There are several steps that need to be taken in
order for West Michigan Therapy, Inc to be allowed to use 1823 Commerce St. for this type of
use. They are: 1) Amend the zoning ordinance to add a definition for Transitional Living Center
- They are currently requesting this with Case 2010-31, which would have to be approved by
Planning Commission and City Commission; 2) Amend the zoning ordinance to allow
Transitional Living Centers as a principal or special use permitted in a certain zone - This will be
requested in the next case (Case 2010-32). Staff has given some guidance and recommended
that they request to allow Transitional Living Centers as a special use permitted in RM-3, High
Density Multiple Family Residential Districts. This would also have to be approved by Planning
Commission and City Commission. 3) Rezone the property - 1823 Commerce St. is currently
zoned B-4, General Business District. West Michigan Therapy, Inc. would have to request to
rezone the property to RM-3, High Density Multiple Family Residential District (if that is where
Transitional Living Centers are allowed). They would have to come back to Planning
Commission for approval of the rezoning if steps #1 and #2 are approved. The rezoning would
Planning Commission Minutes – 8/12/10 1
need to be approved by Planning Commission and City Commission. 4) Request for a Special
Use Permit for a Transitional Living Center for the building at 1823 Commerce St. - If step #3 is
approved, they would need to come back to Planning Commission for approval of a Special Use
Permit. This would not require City Commission approval. As the previous steps indicate, this
would take several meetings to accomplish. At the August Planning Commission meeting, we
will be addressing steps #1 and #2. Proposed definition language for “transitional living centers”
was presented in the staff report. Louis Churchwell, of West Michigan Therapy Inc, had spoken
with some members of the Marsh Field Neighborhood Association about this project. Ann
Martin, the Neighborhood Association President, contacted staff and does have some concerns
about this proposed project. She provided a letter to Planning Commissioners and City staff
outlining those concerns.
Board members and staff discussed the City’s current homeless shelters and where they were
addressed in the Zoning Ordinance. M. Franzak stated that they were not specifically allowed in
any zoning district, but the ones currently in the City were grandfathered. L. Spataro stated that
there were other transitional living facilities in the City that did not seem to be materially
different from the one being proposed. He preferred a broader definition that included the City’s
other shelters. Board members concurred that they were not comfortable adding a definition to
the zoning ordinance for one entity, and that a definition that would encompass similar existing
facilities would be preferable. S. Warmington suggested that staff work on a more inclusive
definition and obtain input from Planning Commissioners and possibly the City’s current
homeless facilities. T. Harryman asked if neighbors were notified of this case. M. Franzak
stated that amendments to the Zoning Ordinance did not require notification of neighboring
property owners.
The public hearing was opened and T. Michalski asked that comments in this case be related to
the proposed zoning definition only. S. Vandenberg stated that she had expertise regarding
homelessness and related facilities, and she was willing to assist staff in preparing a definition
for the zoning ordinance. She stated that her organization had a similar facility in the Heights,
and it was in a multi-family residential zone. C. Martin Jr. stated that he had worked at the
Rescue Mission and explained some of their programs. He felt that the proposed definition in
this case would exclude the Mission. T. Michalski suggested to L. Churchwell that he contact
the Nelson Neighborhood Association regarding the proposed facility in addition to the Marsh
Association, since it was close to the Nelson area also.
A motion to close the public hearing was made by B. Larson, supported by B. Smith and
unanimously approved.
A motion to send this case back to staff to come up with a broader definition as discussed, was
made by S. Warmington, supported by B. Larson and unanimously approved.
T. Michalski suggested that a small sub-committee be formed to assist staff with the definition.
S. Warmington stated that L. Spataro and S. Vandenberg were on a committee that dealt with
these issues, which would be helpful. They both agreed to assist. T. Michalski volunteered to be
on the sub-committee also.
Hearing; Case 2010-32: Request to amend Section 901 (Special Land Use Permitted) of Article
IX (RM-3, High Density Multiple Family Residential District) of the zoning ordinance, to allow
Transitional Living Centers as a special use permitted in RM-3, High Density Multiple Family
Residential Districts, by West Michigan Therapy, Inc. M. Franzak presented the staff report. If
Planning Commission Minutes – 8/12/10 2
the addition of Transitional Living Center is approved by Planning Commission, it will need to
be allowed in a zone in order for anyone to operate one. Staff recommends that Transitional
Living Centers be placed in RM-3, High Density Multiple Family Residential Districts. There
are several variations of foster care homes that are allowed in RM-1, RM-2, and RM-3 Districts.
While a Transitional Living Center is not the same thing, it is the most comparable use listed in
the zoning ordinance. Staff recommends placing Transitional Living Centers in RM-3, High
Density Multiple Family Residential Districts because they would typically house more people
than any type of foster care facility.
T. Michalski stated that this case could not be approved until an acceptable zoning definition for
Transitional Living Facility was approved. However, since there were so many people in
attendance in the audience, he would allow West Michigan Therapy to give their presentation.
L. Spataro asked if RM-3 was the appropriate zoning, given the current zoning of the existing
institutions that were discussed. M. Franzak stated that RM-3 was chosen due to the higher
number of expected residents. S. Warmington stated that the type of services should be
considered as well as the occupancy.
L. Churchwell and S. Vandenberg presented information on West Michigan Therapy (WMT) and
their programs. They had 54 staff members currently, with more expected with the new facility.
T. Michalski asked if they would move their Muskegon Heights and Apple Avenue facilities to
the proposed new location. L. Churchwell stated that they did plan to consolidate some of their
programs at the new location. T. Harryman asked if they had looked into what repairs or
renovations needed to be done to the building. L. Churchwell stated that they had, and had
gotten estimates for work that needed to be done. L. Spataro did not think that the proposed
location was the place for this facility and explained his reasons. L. Churchwell stated that this
area was where many of the homeless were located. S. Warmington asked if this would be a
women’s transitional facility. L. Churchwell stated that it would. P. Boles spoke in favor of
WMT’s request, as did S. Sims and R. Sprague. R. Sprague stated that WMT would be able to
rehab this building as they did with their facility on Jarman St., and he believed they would be
good neighbors. B. Turnquist asked where their funding came from. R. Sprague explained the
sources, which include grants, government contracts, and WMT programs. P. Billings stated that
there was a great need in this area and he was in favor of locating the facility at the proposed
Commerce St. location. L. Spataro stated that the homeless problem was County-wide, not just
in the City of Muskegon, and facilities should be located throughout the County for easier access
to the people in need, not concentrated in one area. A. Martin, President of the Marsh Field
Neighborhood Association, was opposed to the request. She also stated that she was told that
this would be a women’s shelter, but it sounded like it would house men also. S. Vandenberg
clarified that the shelter would house only women, but that the programs offered were available
to all. C. Martin Jr. was opposed to this request due to concerns of putting people in houses they
could not afford, the density of social service agencies in the area, and the duplication of Rescue
Mission services. He felt that these types of facilities should be more spread out so that the
people being served had access to a wider variety of neighbors.
A motion to adjourn the public hearing until the next regular Planning Commission meeting was
made by B. Larson, supported by T. Harryman and unanimously approved.
Case 2010-33: Site Plan Review (amendment)– 2477 Henry Street (Betten Automotive Hyundai
Building). Request for minor expansion of the northeastern portion of the building, by Michael
Bouman, Pioneer Construction. M. Franzak presented the staff report. The site plan for this
project (the future Betten-Hyundai lot) was approved on 9/12/08; however, the applicant is now
Planning Commission Minutes – 8/12/10 3
proposing to increase the size of the Hyundai building by nine percent (9%). The Zoning
Administrator is allowed to approve a change in building size up to five percent (5%), but
anything larger must go back to Planning Commission for approval. The addition to the Hyundai
building will decrease the total number of parking spaces by 10; however, the site plan already
shows significantly more parking than necessary. The Zoning Administrator is allowed to
approve a modification of up to 10% of the total parking area. This parking area has changed
less than 10% and the Zoning Administrator does not foresee any problems with 10 less parking
spaces. The site plan has one item that must be corrected and a revised copy submitted to the
Planning Department: The proposed parking calculations and building square footage listed on
the right hand side of the site plan are the same calculations listed on the site plan that was
approved on 9/12/08. These calculations must address the newly configured parking
arrangement and building modification. The Department of Public Works had the following
comment regarding the request: Foundation drainage discharge permit must be obtained; this
has been an outstanding issue. The Fire and Engineering Departments had no outstanding issues
with this site plan. Staff recommends approval of the request for the amended site plan approval
for the building modification to Betten-Hyundai, subject to the conditions listed.
B. Smith left at 5:48 p.m.
M. Bouman stated that Betten would like to have some additional showroom space due to the
brand’s popularity. T. Michalski asked where they were as far as the discharge permit. M.
Bouman stated that he did not know, but he would comply with the condition.
A motion that the amended site plan for the building modification for the property located at
2477 Henry St for Betten-Hyundai, be approved, with the conditions that 1) All requirements
listed in item #3 of the staff report shall be provided as needed on a revised site plan prior to
issuance of a building permit, and 2) All the requirements of the Department of Public Works
listed in #4 of the staff report must be met, was made by L. Spataro, supported by B. Larson and
unanimously approved.
NEW BUSINESS
None
OLD BUSINESS
None
OTHER
There being no further business, the meeting was adjourned at 5:52 p.m.
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