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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
September 16, 2010
Chairman T. Michalski called the meeting to order at 4:02 p.m. and roll was taken.
MEMBERS PRESENT: L. Spataro, T. Harryman, B. Turnquist, S. Warmington,
T. Michalski, W. Parker, B. Smith, B. Larson, B. Mazade
MEMBERS ABSENT: None
STAFF PRESENT: M. Franzak, D. Leafers
OTHERS PRESENT: L. Churchwell, 1984 Clinton
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of August 12, 2010 be approved, was made by
B. Larson, supported by T. Harryman and unanimously approved.
T. Michalski read a letter from board member B. Smith, in which she disclosed that she was a
member of the West Michigan Therapy board and would excuse herself from discussion and
voting on their cases. T. Michalski stated that she could vote on the first case, since it was
regarding a definition and not West Michigan Therapy directly.
PUBLIC HEARINGS
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.
M. Franzak presented the staff report. 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 tabled the case
and asked staff and a small committee to revise the definition. The committee met on August 24
and recommended approval of the following definition: “Transitional Living Center: A facility
that provides temporary housing and services to the homeless.” Staff recommends 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 future
requests and will give the legal, non-conforming entities the possibility of becoming compliant.
L. Spataro and S. Warmington arrived at 4:05 p.m.
L. Churchwell stated that he agreed with the proposed definition.
Planning Commission Minutes – 9/16/10 1
A motion to close the public hearing was made by B. Larson, supported by T. Harryman and
unanimously approved.
A motion that the amendment to Article II (Definitions), of the City of Muskegon Zoning
Ordinance to add the proposed definition for Transitional Living Center, be recommended to the
City Commission for approval, was made by L. Spataro, supported by B. Larson and
unanimously approved.
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. M. Franzak presented the staff report. 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 in B-5, Central Governmental Service Districts. There is currently
only one B-5 District in the City, which is located near the southwest end of downtown. 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.
Suggested requirements for a Special Use Permit to allow a transitional living center in a B-5
zone are: 1) The center must be associated with a governmental agency or bona fide charitable
association, such as a 501 (c) organization, 2) The residents must be provided with information
on supplemental services, such as re-housing assistance and substance abuse treatment, 3) Staff
must be located on site twenty-four hours a day, seven days a week for programs that provide on-
site overnight sleeping accommodations, 4) Residents may not be housed for more than six (6)
consecutive months, and 5) The center does not conflict with any of the prohibited uses stated in
Section 1305. Staff recommends allowing Transitional Living Centers as a special use permitted
in B-5, Governmental Service Districts with those conditions.
A motion to close the public hearing was made by B. Larson, supported by L. Spataro and
approved, with B. Smith abstaining from voting.
A motion 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 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.
Planning Commission Minutes – 9/16/10 2
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