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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
October 14, 2010
Chairman T. Michalski called the meeting to order at 4:01 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; S. Vandenberg, 3531 Denver; M.
David, 860 W. Laketon Ave; L. Gomez Sr, 1814 Ray St; M.
Bouman, Pioneer Construction
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of September 16, 2010 be approved, was made
by B. Turnquist, supported by S. Warmington and unanimously approved.
T. Harryman arrived at 4:03 p.m.
PUBLIC HEARINGS
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.
Case 2010- 33: Request to rezone the property at 1823 Commerce Street from B-4, General
Business District to B-5, Governmental Service District, by West Michigan Therapy, Inc. M.
Franzak presented the staff report. The subject property is currently zoned B-4, General
Business District. Properties to the north are zoned B-4, properties to the west are B-4 or I-2,
General Industrial, to the south is I-2, and properties to the east are zoned R-1, Single Family
Residential. Because of the many different zoning types, this would not be considered a spot
zone. Transitional Living Centers are only allowed as a special use in B-5, Governmental
Service Districts. The subject parcel is 1.3 acres, which meets the minimum size requirements in
a B-5 zone. The parcel also meets all other lot dimension requirements and has been used to
temporarily house people in the past. Staff recommends approval of the rezoning since all lot
requirements will be met. The 1997 Master Land Use Plan recommendations for this area do not
specifically call for or against the uses associated with this type of zoning.
B. Turnquist asked who had housed people there in the past. M. Franzak stated the Muskegon
Housing Commission had, and one other organization after that. L. Spataro stated that the latter
agency had the facility closed down because they did not follow proper procedures. T. Harryman
asked if any neighborhood associations besides Marsh Field received a notice of this case. D.
Planning Commission Minutes – 10/14/10 1
Leafers stated that Nelson and McLaughlin Neighborhood Association presidents were noticed,
per Planning Commissioners’ request. M. Franzak stated that this case was also discussed at the
monthly Neighborhood Associations of Muskegon (NAM) meeting. L. Churchwell distributed a
packet of information to board members, describing their programs. He stated that West
Michigan Therapy was a 24-hour operation, and everyone in their programs were accounted for
24 hours a day. S. Vandenberg stated that the facility’s capacity would remain at 38 beds, and
the residents would be women only. She stated that the facility would be kept clean and safe. L.
Miller, P. Boles, H. Ali-Reda, S. Genter, John, Marsha, E. Castaneda, and Amanda spoke in
favor of the request.
A motion to close the public hearing was made by B. Larson, supported by T. Harryman and
unanimously approved.
B. Mazade asked M. Franzak if he had any concerns with a B-5 zone in that location. M.
Franzak stated that he did not. L. Spataro was concerned with the institutional load already on
that part of town. He stated that other neighborhoods and areas needed to shoulder some of that
load, not just the Laketon Avenue corridor. He stated that WMT had a great program, but this
was not the location for it. T. Harryman appreciated those who had spoken in favor of the
program, but concurred with L. Spataro about the location. B. Turnquist stated that he did not
think this area was appropriate for B-5 zoning, which was currently located only in the
downtown area. W. Parker lived near this area and stated that there was a strong need for
WMT’s services there.
A motion that the request to rezone the property located at 1823 Commerce St. from B-4,
General Business District to B-5, Governmental Service District, as described in the public
notice, be recommended for approval to the City Commission pursuant to the City of Muskegon
Zoning Ordinance, and the determination of compliance with the intent of the City Master Land
Use and zoning district intent, was made by B. Larson, supported by T. Harryman and approved,
with T. Harryman, B. Turnquist, and L. Spataro voting nay.
Hearing; Case 2010-34: Request for a Special Land Use Permit, per Section 1306 of the Zoning
Ordinance to allow for a Transitional Living Center at 1823 Commerce Street, by West
Michigan Therapy, Inc. M. Franzak presented the staff report. The zoning ordinance was
amended in September to allow Transitional Living Centers as a special use permitted in B-5,
Governmental Service Districts. West Michigan Therapy, Inc. intends to use this facility to
temporarily house up to 38 women per night. The building will also include office space and
areas used for programs such as rapid re-housing assistance classes. The plans for this Center
meet the provisions set forth in the zoning ordinance regarding Transitional Living Centers. The
building is 31,910 square feet in size, and there is adequate parking for this type of use. Staff
received a letter from Ann Martin, president of the Marsh Field Neighborhood Association, who
was opposed to this request.
M. Franzak stated that if this case were approved, it would be contingent on City Commission
approval of the previous rezoning request. B. Mazade stated that he had concerns with the SUP
request, and stated that it should contain more specifics, such as what could occur at the site, the
number of beds allowed, and who could be served. S. Warmington concurred. L. Churchwell
stated that the current TLC program was women only, and they complied with HUD
requirements. T. Michalski asked L. Churchwell if the Jarman facility housed males. L.
Churchwell stated that it did. B. Mazade asked how many residents would be housed at the
proposed facility. L. Churchwell stated that 38 would be the maximum number. L. Spataro was
Planning Commission Minutes – 10/14/10 2
concerned that the facility could be used for Michigan Prisoner Re-entry Initiative programs. M.
Franzak stated that a halfway house was a prohibited use, per the zoning ordinance.
A motion to close the public hearing was made by B. Larson, supported by T. Harryman and
unanimously approved.
L. Spataro stated that WMT did have contracts with the Muskegon and Ottawa County courts,
which is why he was concerned about the prisoner re-entry programs and the possible safety
risks for the neighborhood.
A motion that the special land use permit, per Section 1306 (#3) of the Zoning Ordinance, to
allow a transitional living center in a B-5, Governmental Service District at 1823 Commerce St,
by West Michigan Therapy, Inc., be approved, based on the conditions that 1) All signage
requires a permit and must comply with the zoning ordinance, 2) The owner shall permit the
zoning administrator or other zoning staff in the premises at reasonable times to review
compliance with this permit, 3) The Special Land Use permit document shall be recorded with
the register of deeds prior to establishment of the use, 4) Residents are limited to 38 people and
shall be females only, 5) Residents in the 24-hour resident program cannot be part of the
Michigan Prisoner Re-entry Initiative, 6) SUP approval is contingent upon City Commission
approval of the rezoning request in the previous case, and 7) 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 condition 1 – 6, was made by S. Warmington, supported by B. Larson and
approved, with T. Harryman voting nay.
Hearing; Case 2010-35: Request for an amendment to the Special Use Permit for car sales at
721 E Laketon Ave, by Micheal David. M. Franzak presented the staff report. The applicant
received approval for special use permit for vehicle sales for the property at 721 E. Laketon Ave.
However, a condition was placed on the special use permit that all vehicle sales must remain
west of the curb cut on Laketon Ave. This is because the curb cut on Ray St. is located only 25
feet from Laketon Avenue. The zoning ordinance states that ingress and egress to the outdoor
sales area shall be at least 60 feet from the intersection on any two streets. The applicant has
decided that this would be too detrimental to his business, so he is now willing to permanently
block off the curb cut on Ray St. This will be done by installing metal posts into the concrete.
The City Engineer and Fire Marshall have approved blocking off this curb cut. The applicant
would also like to sell some vehicles inside the building. Staff recommends approval of the
proposed amendment to the special use permit as long as the applicant is able to provide the
Zoning Administrator with an acceptable site plan. The applicant has refused to comply with the
10 foot green space buffer requirements.
B. Larson asked about the statement that the applicant had refused to comply with the buffer
requirement. M. Franzak stated that all developments were required to comply with the rule that
required a green space buffer along street frontages. One reason was clear vision issues at
intersections. Also, if the applicant had cars parked too close to the roadway, they could be
damaged by City snowplows in the winter. M. David thought that the green space in other
locations on the property was sufficient, and that the cars would not cause vision issues at the
intersections. B. Mazade asked how this property was different from any other site. L. Spataro
stated that the former Dan Cooper dealership was not required to have the green space along the
frontage, because the pavement on their lot went all the way to the sidewalk, which was similar
to this property. B. Mazade was concerned about clear vision for traffic, and the possibility of
damage to cars on the lot as mentioned by staff. L. Gomez lived on Ray St. across from the
Planning Commission Minutes – 10/14/10 3
subject property and was concerned that cars parked on the sales lot too close to Laketon Avenue
would cause vision problems at the intersection.
A motion to close the public hearing was made by T. Harryman, supported by S. Warmington
and unanimously approved.
S. Warmington stated that the clear vision issues needed to be addressed. He was also concerned
that the City plows could damage the vehicles in the car lot when the streets were plowed. L.
Spataro stated that the applicant needed to comply with the setback, per the zoning ordinance. B.
Larson suggested that the applicant be allowed to work with staff on the clear vision issues.
A motion that the special land use permit, per Section 401 (#6) of Article IV of the Zoning
Ordinance, to allow vehicle sales in a B-4, General Business District at 721 E Laketon Ave, by
Micheal David, be amended with the following conditions: 1) The curb cut on Ray Avenue must
be blocked off and restricted from use. If not, then automobile sales must be located west of the
curb cut on Laketon Avenue, 2) The applicant must provide the Zoning Administrator with an
acceptable site plan, 3) All signage requires a permit and must comply with the zoning
ordinance, 4) The owner shall permit the Zoning Administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit, 5) The Special Land Use
permit document shall be recorded with the Register of Deeds prior to establishment of the use,
6) The site plan must include a plan to maintain clear vision at the intersections of Ray and
Laketon, and Superior and Laketon, 7) the 10% average green space called for in the ordinance
must be accommodated somewhere on the site (the green space shown on the site plan is on
City-owned property), and 8) 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 – 7, was made by L. Spataro, supported by B. Larson and unanimously approved.
S. Warmington requested that the board hear case 2010-37 under New Business next, since the
applicant in that case was present. Chairman T. Michalski concurred.
Case 2010 -37: Request for an amendment to the approved site plan for 2501 Henry St, by Betten
Automotive. M. Franzak presented the staff report. The site plan for this project was originally
approved on 9/12/08; however, the applicant returned to the Planning Commission on 8/12/10 to
increase the size of the Hyundai building by nine percent (9%). The applicant would now like to
increase the size of the used car building by roughly 100% (7,000 square feet). The site plan has
one item that must be addressed. The following item must be corrected on the site plan and a
revised copy submitted to the Planning Department: The three median islands that were removed
as part of the addition must be placed elsewhere on the property. The Department of Public
Works, Fire and Engineering Departments had no outstanding issues with this site plan. Staff
recommends approval of the amended site plan, subject to the conditions listed in the staff report.
M. Bouman stated that they would like to increase the size of the proposed building at this site.
They also wanted to reduce the number of green space islands from six to three, and move them
to the rear parking lot so there is better visibility of the car lot at the front of the building.
A motion that the amended site plan for the property located at 2501 Henry St for Betten-
Hyundai, be approved, based on the condition that the three median islands in front that were
removed as part of the addition are placed elsewhere on the property, was made by S.
Warmington, supported by B. Larson and unanimously approved.
Planning Commission Minutes – 10/14/10 4
Hearing; Case 2010-36: Staff-initiated request to amend Section 2326 (Off-Street Parking and
Loading) of Article XXIII (General Provisions) to modify parking restrictions in the Downtown
Parking Overlay District. M. Franzak presented the staff report. There are currently several
small vacant storefronts along West Western Avenue and 3rd Street that do not come with on-
site parking. A change of use would require any potential business to provide the number of
parking spaces required by Table IB (parking standards) of the zoning ordinance (see attachment
4–Table IB). The only way this would be possible would be to get an irrevocable shared parking
agreement with another property within 1,000 feet, that has excess parking. This is becoming
more challenging with each irrevocable shared parking agreement that is being made. There will
continue to be less available excess parking downtown as these agreements continue to be made.
Staff feels that these parking agreements should be saved for when large-scale businesses have
no other options for parking. Also, there are some instances where small store fronts are not
located within 1,000 feet of anyone that can offer a shared parking agreement. Staff feels that
smaller businesses that require less parking should be able to use on-street and city-owned
parking lots to accommodate their parking requirements. The following new ordinance language
is proposed: “d. In the downtown parking overlay district only, new businesses that are required
to provide 15 parking spaces or less may forgo the parking requirements if they are locating into
a previously existing building. On-street parking and city-owned parking lots will be used to
accommodate the parking requirements. However, any previously existing parking spaces
included with the building space must remain in place and be used by that business.”
T. Harryman and B. Larson left at 5:30 p.m.
Staff and board members discussed the parking situation. A motion to close the public hearing
was made by B. Mazade, supported by L. Spataro and unanimously approved.
A motion that the amendment to Section 2326 (Off-Street Parking and Loading) #12 (Downtown
Parking Overlay District), of the City of Muskegon Zoning Ordinance, to add part (d) as written
above, be recommended to the City Commission for approval, was made by S. Warmington,
supported by B. Smith and unanimously approved.
OLD BUSINESS
None
OTHER
There being no further business, the meeting was adjourned at 5:35 p.m.
Planning Commission Minutes – 10/14/10 5
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