Planning Commission Packet 07-14-2016

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                                                       CITY OF MUSKEGON
                                                     PLANNING COMMISSION
                                                       REGULAR MEETING

DATE OF MEETING:                       Thursday, July 14, 2016
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 June 16, 2016.

 III. Public Hearings

  A. Hearing, Case 2016-10: Staff-initiated request to create a new zoning district, Lakefront Recreation
     & Residential PUD district.
 IV. New Business

  A. Case 2016-11: Staff-initiated request to approve the 2016 Capital Improvements Plan.

  B. Former Amoco Site Report (report will be presented at meeting)


  V. Old Business

 VI. Other

 VII. Adjourn



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                                                              Muskegon, MI 49440
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                                         CITY OF MUSKEGON
                                       PLANNING COMMISSION
                                         REGULAR MEETING
                                              MINUTES

                                               June 16, 2016

Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.

MEMBERS PRESENT:              T. Michalski, B. Mazade, J. Doyle, F. Peterson, S. Gawron, B. Smith, B.
                              Larson

MEMBERS ABSENT:               E. Hood, J. Montgomery-Keast, excused

STAFF PRESENT:                M. Franzak, D. Renkenberger

OTHERS PRESENT:               J. Konyndyk, 2345 Hadden; D. Hoffman and M. McDermid, Family Promise
                              of the Lakeshore; S. Lynn, 2079 Crozier; J. Weesies, 2341 Denmark, Rev. M.
                              Ivanov, Lake Harbor United Methodist Church; A. Vredeveld, 2163 Harding


APPROVAL OF MINUTES

A motion that the minutes of the regular meeting of April 14, 2016 be approved, was made by J. Doyle,
supported by B. Mazade and unanimously approved.

PUBLIC HEARINGS
Hearing, Case 2016-08: Request for a Special Land Use Permit to allow a church in a B-2, Convenience &
Comparison Business district at 1965 Lakeshore Drive, by The Table Church. M. Franzak presented the staff
report. The subject property is located in a B-2, Convenience & Comparison Business district, which allows
churches with the issuance of a Special Use Permit from the Planning Commission. The church would be
located in a small space on the western corner of the building that hosts the Lakeshore Tavern and smaller
retail shops. There are no other churches located in the general vicinity of this location. Parking is the
biggest issue to be considered in this request; however, the sketch of the church’s floor plan that was
submitted showed less than 39 seats in the church, which would require about six parking spaces. There
were more than six spaces available for this tenant located behind the building. Notice was sent to properties
within 300 feet of this property. Staff has not received any comments at the time of this writing.
M. Franzak stated that the church had provided a shared parking agreement with the Marine Tap Room,
located across the side street from the proposed church. T. Michalski stated that there had been a church
located in the Harbor Theater building in the past, and asked what type of problems that could cause. M.
Franzak stated that, since this was a business district, it was important to ensure that there were enough
spaces for businesses.
A motion to close the public hearing was made by B. Larson, supported by F. Peterson and unanimously
approved.
A motion that the Special Land Use Permit for a church at 1965 Lakeshore Drive be approved as proposed,
was made by B. Larson, supported by B. Smith and unanimously approved, with T. Michalski, B. Mazade, J.

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Doyle, F. Peterson, S. Gawron, B. Smith, and B. Larson voting aye.
Hearing, Case 2016-09: Request for a Special Land Use Permit to allow a day center to provide programs
in support of homeless families in an R-1, Single Family Residential district at 2160 Crozier Avenue, by
Family Promise of the Lakeshore. M. Franzak presented the staff report. The property was located in an R-
1, Single Family Residential district, and was most recently used by Lakeside Methodist Church. The church
had moved out of the building and donated it to Family Promise of the Lakeshore. In August of 2013, the
Planning Commission approved a Special Land Use Permit (SLUP) for Family Promise’s current location at
1275 Kenneth St., which has now been sold. Churches, schools and other non-profit agencies are allowed to
operate in R-1, Single Family Districts as long as they receive a SLUP from the Planning Commission. The
ordinance also states that other similar uses are allowed with a SLUP. Staff determined that this proposed
use was similar enough to be allowed to petition for a SLUP. Services at the facility on Crozier Avenue
would be similar to those available at the Kenneth Street location. They planned to provide a day center for
homeless families between the hours of 6:00 a.m. and 5:00 p.m. Families would have access to a social
worker, and would be offered life skill classes including budgeting, tenancy, parenting, nutrition and civic
engagement. There would also be laundry services, showers and areas for children to play while parents are
occupied. Family Promise personnel have stated that there will be no overnight sleeping arrangements
allowed on site and all families must leave by 5:00 p.m. A press release from Family Promise provided
additional information on the facility. A floor plan showed the conversion of a few meeting rooms into
family rooms, a laundry facility, restrooms and showers.
M. Franzak stated that there had been some confusion from staff and the general public regarding the extent
of this request. The applicant had stated that the proposed use would be identical to one they were approved
for on Kenneth St. However, that location had been approved for overnight use. If this request was
approved, it would be important to include a condition that no one was allowed to stay overnight or use any
of the rooms as dwelling places. M. Franzak noted that enforcing the overnight stays would be extremely
difficult, as it would be very hard to monitor activities after dark. He also noted that he had not received any
complaints regarding the Kenneth St. location. Notice was sent to neighbors within 300 feet of this property.
Staff had received several inquiries into what this request entails, and received four phone calls from
neighbors that were opposed to the request: A. Vredeveld of 2163 Harding Ave, L. Halberda of 2062 Sisson,
and J. and S. Weesies of 2341 Denmark
D. Hoffman was the Chairman of the Board of Trustees of Family Promise of the Lakeshore. He discussed
the organization and its mission. The new location on Crozier offered a reduction in overhead expenses. He
stated that they had no intention of creating multi-family housing there, but they would like to have a live-in
caretaker. In addition to serving families during the day, the building would serve as a meeting place for the
neighborhood. B. Larson asked how the clients would be transported to and from the facility. D. Hoffman
stated that Family Promise had vans to transport people, as well as public transportation. S. Lynn lived in the
area and was concerned about the added traffic at the intersection where the church was located, and how late
the building would be open for events like fundraisers. J. Weesies was concerned about the possibility of
people being turned away from the facility and roaming the neighborhood with nowhere to go. Rev. M.
Ivanov stated that her church hosted families 4 to 5 times a year and she was impressed with the program’s
structure and guidelines. M. McDermid, Executive Director of Family Promise, explained their program’s
intake procedures. She stated that they have been in the community for over 7 years and had never had
anyone just walk in and ask for services. They also performed background checks on their applicants, which
are families, not single individuals. B. Smith lived in the area and was concerned about what could happen
with this property in the future. T. Michalski stated that Family Promise would be bound by the conditions
of the Special Use Permit. B. Larson added that any change in the use would have to come back before the
Planning Commission. A. Vredeveld stated that he was still concerned with the organization housing people
overnight at the location. T. Michalski asked M. Franzak if the zoning would allow a single family to live in
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the building. M. Franzak stated that zoning could allow it but it would require an inspection by SafeBuilt to
ensure it was up to code for residential use.
A motion to close the public hearing was made by B. Larson, supported by J. Doyle and unanimously
approved.
T. Michalski stated that the lived in the vicinity of two homeless shelters and had never encountered
problems with its residents coming to his house. B. Mazade asked how the proposed use fit into the zoning
ordinance. M. Franzak stated that churches, schools and other similar uses were allowed in residential areas
with Planning Commission approval, and he determined that this was a similar use. B. Larson stated that,
while he understood the concerns voiced by neighbors, it seemed that the proposed use would create less
traffic compared to the church that was previously there. S. Gawron asked if the zoning would allow a live-
in caretaker. M. Franzak stated that it could, provided that the building was inspected, met the conditions for
a rental home, and was issued a certificate of occupancy. T. Michalski asked if there was a residence within
the building. D. Hoffman stated that there was not, but the necessary facilities were there. Board members
discussed the overnight caretaker issue.
A motion to table this case until more information on the caretaker was obtained was made by B. Larson and
supported by J. Doyle. The motion was defeated, with T. Michalski, B. Larson, and J. Doyle voting aye, and
S. Gawron, F. Peterson, B. Smith, and B. Mazade voting nay.
A motion that the Special Land Use Permit for the day center to provide programs in support of homeless
families at 2160 Crozier Avenue be approved, with the conditions that the building is not used as a residence
for anyone and there shall be no overnight accommodations, was made by F. Peterson and supported by S.
Gawron, with discussion continuing on the motion. T. Michalski stated that he preferred someone staying at
the building rather than having it vacant at night and on weekends. B. Smith asked if the applicant could
come back before the Planning Commission with the caretaker request. M. Franzak stated that they could
amend their request to include a caretaker. A vote was taken on the above motion and approved, with T.
Michalski, J. Doyle, F. Peterson, S. Gawron, B. Smith, and B. Larson voting aye, and B. Mazade voting nay.

Hearing, Case 2016-10: Staff-initiated request to create a new zoning district, Lakefront Recreation &
Residential PUD district. Staff tabled this hearing until the July meeting. A copy of the proposed
amendment was provided for commissioners’ review and they were asked to forward any comments to staff
by June 30.
B. Mazade asked if the proposed district was replacing a current zoning district, or if it was new. M. Franzak
stated that it was new.

NEW BUSINESS
None

OLD BUSINESS
None

OTHER

Barclay Avenue storage facility – J. Doyle stated that the Planning Commission had required that this facility
install sidewalks but it had not been done yet. M. Franzak stated that there were funds in escrow to help
ensure that it got done.

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Amoco property on Lakeshore Drive – T. Michalski asked M. Franzak to provide a brief update on the status
of the former Amoco property next month.

There being no further business, the meeting was adjourned at 5:05 p.m.




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                                              STAFF REPORT

                                                July 14, 2016

Hearing, Case 2016-10: Staff-initiated request to amend the zoning ordinance to create a new zoning
district, Lakefront Recreation & Residential PUD.


BACKGROUND

   1. Please see the enclosed copy of the proposed new zoning district, Lakefront Recreation & Residential
      PUD.

   2. This request is to create the new district, which would be placed as Article XX of the zoning
      ordinance. The creation of the district would not rezone any particular property at this point. A
      rezoning request for a specific property would have to be approved at a later date. However, staff did
      draft this language with the intentions of using it for the former Sappi site.

   3. The ordinance was drafted with the intentions of allowing dense, commercial and recreational and
      dense residential opportunities on site. It is also the intention to have various public access points to
      the water throughout the site.

   4. This district would require that all plans are part of the Planned Unit Development process, which
      may require Planning Commission and City Commission approval. The development standards are
      considered a baseline for discussion, but may be altered to negotiate stronger standards in other areas.


MOTION FOR CONSIDERATION
I move that amendment to the zoning ordinance to create the Lakefront Recreation & Residential PUD
district, be (approved/denied) as proposed.




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Case 2016-11: Staff-initiated request to approve the 2016 Capital Improvements Plan.

Please see the enclosed copy of the 2016-2021 Capital Improvements Plan. Projects included in the
document are considered to be flexible and changeable depending on the status of the City’s finances and
the need for unexpected investments. This document is updated and adopted annually by the City of
Muskegon Planning Commission.


MOTION FOR CONSIDERATION


I move to approve the 2016-2021 Capital Improvements Plan as presented.




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