View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, June 16, 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 April 14, 2016.
III. Public Hearings
A. 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 Dr, by The Table Church.
B. 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 Ave, by Family Promise of the Lakeshore.
C. Hearing, Case 2016-10: Staff-initiated request to create a new zoning district, Lakefront Recreation
& Residential PUD district.
IV. New Business
V. Old Business
VI. Other
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
1
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
April 14, 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, E. Hood, F. Peterson, J. Montgomery-
Keast, S. Gawron, B. Smith
MEMBERS ABSENT: B. Larson, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: C. Wagner, Best Credit Union, 1880 E Sherman Blvd.; J. Vandenberg, CDF;
K. Anderson, Civil Environmental Consultants; T. Weber, Construction
Manager; P. Sanchez, Project Engineer; M. McDermott, MCC Athletic
Director
ELECTION OF OFFICERS
A motion to retain T. Michalski as Chairperson and B. Larson as Vice-Chairperson was made by J. Doyle,
supported by F. Peterson and unanimously approved, with T. Michalski, B. Mazade, J. Doyle, E. Hood, F.
Peterson, J. Montgomery-Keast, S. Gawron, and B. Smith voting aye.
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of February 11, 2016 be approved, was made by B.
Mazade, supported by J. Montgomery-Keast and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2016-06: Request for a special land use permit to allow a drive-thru restaurant at 1887 &
1895 E. Sherman Blvd, by Chicago Diversified Foods. M. Franzak presented the staff report. The applicant
is seeking to build a Taco Bell fast food restaurant with a drive-thru at 1887 and 1895 E Sherman Blvd. The
two parcels combined measure roughly 182’ x 243’, equaling about 1.02 acres. Drive-thru restaurants that
are located in B-4 districts on major streets must receive a Special Land Use Permit from the Planning
Commission and meet the following requirements: a) a setback of at least 60 feet from the street right-of-
way line of any existing or proposed major thoroughfare shall be maintained, and b) ingress and egress
points shall be located at least 60 feet from the intersection of any two streets. The property is not located at
an intersection of two streets, but a 60-foot setback from the road must be maintained. The plan shows a
setback of just over 60 feet from the beginning of the right-of-way. The proposed building measures 2,400
square feet and meets all applicable setbacks. The plan also meets the parking requirements with 44
proposed spaces. There is proper ingress and egress to the site, with two curb cuts to Sherman Blvd, each
allowing for one-way traffic. There is also an addition ingress/egress from the back of the property to the
south. There is proper stacking spaces for cars for the drive-thru. The landscaping plan goes above and
beyond ordinance requirements and the dumpsters will be screened with a fence and landscaping. There are
2
no sidewalks on this property, nor are there any on the adjacent properties on Sherman Blvd. The Fire
Marshall has noted that the closest available fire hydrant is in Fruitport Township jurisdiction behind this
property. He states that the developer may need to submit a letter of request to Fruitport Township to
calculate this fire hydrant into their fire protection requirements. The Department of Public Works has noted
that the City of Muskegon water and sewer utilities are located in Sherman Blvd, but the plans show the
restaurant hooking up to Fruitport Township utilities. They recommend checking with Fruitport Township
for permission to hook up to their utilities. Notice was sent to properties within 300 feet of the subject
properties. Staff received one comment from Best Financial Credit Union, located at 1880 E Sherman Blvd.
They have concerns about traffic coming from the east; they have noticed that when cars turn left into
Wendy’s (located just west of the proposed Taco Bell), it cuts off access to their property. The credit union
can have up to 400 ATM transaction per day, in addition to over several hundred inside transactions. They
have noticed a car accident at least once every quarter.
T. Michalski asked why they would be hooked up to Fruitport utilities. M. Franzak stated that this area was
right on the border of Muskegon and Fruitport Township, with Township property located directly behind the
subject property. C. Wagner represented Best Financial Credit Union and discussed traffic congestion in the
area. They were not necessarily opposed to new development, but they were concerned about the added
traffic interfering with access to their property. Staff and board members discussed possible solutions to the
traffic issues and determined that the Muskegon County Road Commission controlled Sherman Blvd. J.
Vandenberg described the proposed restaurant and layout. He stated that curb cuts were already present on
the lot, and he didn’t think that a new Taco Bell restaurant at that location would negatively affect credit
union traffic. As far as utilities, he stated that someone from Fruitport Township suggested that they hook up
to Fruitport utilities, since City utility hook-up would require disruption to Sherman Blvd.
A motion to close the public hearing was made by B. Mazade, supported by B. Smith and unanimously
approved.
A motion that the Special Land Use Permit for the drive-thru restaurant at 1887 & 1895 East Sherman Blvd.
be approved as proposed with the conditions that 1) the two properties must be combined, and 2) all utility
hook-up and fire hydrant concerns listed in the site plan are addressed before a building permit is issued, was
made by B. Smith, supported by E. Hood and approved, with T. Michalski, B. Mazade, J. Doyle, E. Hood, F.
Peterson, J. Montgomery-Keast, S. Gawron, and B. Smith voting aye.
NEW BUSINESS
Case 2016-07: Request for a site plan review for an addition to the gymnasium and a new practice baseball
field at 221 S. Quarterline Road, by Muskegon Community College. M. Franzak presented the staff report.
The applicant is seeking approval for a 39,566 square-foot, 2-story addition to the current gymnasium. The
proposed practice baseball field measures 150 x 240 feet and will be located just north of the existing
baseball field. The plans meet all applicable setback requirements. The property is zoned RM-1, Medium
Density Multiple Family Residential, as is the rest of the Muskegon Community College campus. The plan
calls for the removal of 30 parking spaces to the west of the current gymnasium and some realignment of a
few parking spaces to the south; however, the campus already has more than enough parking spaces to meet
the ordinance requirements. The plan also calls for the removal of several canopy trees, but these will be
replaced around the building and in new landscape islands in the parking lot. The Engineering Department
has approved the stormwater management plan. A retention basin will be located just west of the proposed
practice field. The Department of Public Works has noted that master meters need to be installed at the
Quarterline service connection and on the new Marquette service connection. All internal meters will be
eliminated.
3
P. Sanchez described the site and provided renderings of the building. He discussed the uses for the building
and the parking. J. Doyle asked if the building would be open to the public. M. McDermott stated that the
college planned to sell a limited number of gym memberships to the public. They also planned to have a
primary care medical office on site.
A motion that the site plan for the building addition and practice field addition at 221 South Quarterline Road
be approved with the conditions that 1) Master meters be installed at the Quarterline service connection and
on the new Marquette service connection, and 2) the Fire Department conditions are met: Specifically, fire
flow water supply testing shall be conducted and data submitted to the local Fire Marshal and the contracted
fire protection/suppression company and at least one fire hydrant shall be located within 150 feet of the fire
department connection straight away with no turns or obstructions, was made by J. Doyle, supported by S.
Gawron and unanimously approved, with T. Michalski, B. Mazade, J. Doyle, E. Hood, F. Peterson, J.
Montgomery-Keast, S. Gawron, and B. Smith voting aye.
OLD BUSINESS
None
OTHER
None
There being no further business, the meeting was adjourned at 4:30 p.m.
4
STAFF REPORT
June 16, 2016
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 Dr, by The Table Church.
BACKGROUND
1. The property is located in a B-2, Convenience & Comparison Business district.
2. Churches are allowed in these districts with the issuance of a Special Use Permit from Planning
Commission.
3. The church would be located in a small space on the western corner of the building that hosts the
Lakeshore Tavern, Lakeside Landing, Level 6 and others.
4. There are no other churches located in the general vicinity of this proposed location.
5. Parking is the biggest issue to be considered in this request. However, there are less than 39 seats in
this church (see enclosed floor plan), which would require about six parking spaces. There are more
than six spaces available for this tenant located behind the building (please see aerial map view on
following pages).
6. Notice was sent to properties within 300 feet of this property. Staff has not received any comments at
the time of this writing.
5
Zoning Map
Aerial Map (parking area shown in blue)
MOTION FOR CONSIDERATION
I move that the Special Land Use Permit for the church at 1965 Lakeshore Dr be (approved/denied) as
proposed (with the following conditions - if any):
6
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 Ave, by Family
Promise of the Lakeshore.
BACKGROUND
1. The property is located in an R-1, Single Family Residential district. It was most recently used by
Lakeside Methodist Church.
2. Family Promise of the Lakeshore was approved for a Special Use Permit by the Planning
Commission in August of 2013 for their location at 1275 Kenneth St. The building at 2160 Crozier
Ave is being donated to Family Promise of the Lakeshore. They have already found a buyer for their
location at 1275 Kenneth St that will perform the same type of services.
3. Churches, schools and other non-profit agencies are allowed to operate in R-1, Single Family
Districts as long as they receive a Special Use Permit from the Planning Commission. The ordinance
also states that other similar uses to these are allowed with a Special Use Permit. Staff determined
that this use was similar enough to those uses to be allowed to petition for a Special Use Permit.
4. The services at the facility on Crozier Ave will be similar to the services available at their current
location on Kenneth St. They will provide a day center for homeless families from the hours between
6am and 5pm. Families will be able to work with a social worker for guidance and advocacy in
reaching their goals of employment and housing. They will also be offered life skill classes including
budgeting, tenancy, parenting, nutrition and civic engagement. There will also be laundry services,
showers and rooms for children to play while parents are participating with social workers. They
have stated that there will be no overnight sleeping arrangements allowed on site and all families
must leave by 5pm.
5. Please see the enclosed press release and floor plan. They plan to convert a few meeting rooms into
family rooms, a laundry facility and restrooms and showers.
6. There has been some confusion from staff and the general public regarding the extent of this request.
The applicant has stated that the use will be identical in use as the one they were approved for on
Kenneth St. However, the location on Kenneth St was approved for overnight use, since they were
charging rent and were located in an RM-1, Low Density Multiple Family Residential district, which
allows for apartments, as long as they are paying rent and it is not considered transitional living.
There was also an article in the newspaper last week that has caused some confusion in the
neighborhood, as it stated that the organization allows families to spend the night in area churches,
which is not allowed by our zoning ordinance, nor are any churches approved by building regulations
for overnight stays. The applicant has since stated that none of these hosting churches are located in
the City of Muskegon. If this request is approved, it will be important to include a condition that no
one is allowed to stay overnight or use any of the rooms as dwelling places. Staff would like to make
it known that enforcing the overnight stays would be extremely difficult, as it would be very hard to
monitor activities after dark. Staff would also like to mention that we have never received any
complaints regarding their location at 1275 Kenneth St.
7. Notice was sent to neighbors within 300 feet of this property. Staff has received some inquiries into
what this request entails, however, we have only received one formal “against” recommendation from
the owners of 2163 Harding Ave.
7
Looking north from Crozier Ave
Looking west from Denmark St.
Looking east from the parking lot
8
Zoning Map
Aerial Map
9
MOTION FOR CONSIDERATION
I move that the Special Land Use Permit for the day center to provide programs in support of homeless
families at 2160 Crozier Ave be (approved/denied) as proposed with the following conditions:
1. The building is not used as a residence for anyone and there shall be no overnight accommodations
allowed.
Hearing, Case 2016-10: Staff-initiated request to create a new zoning district, Lakefront Recreation &
Residential PUD district.
1. Staff will be asking to table this hearing until the July meeting. However, we have included the
proposed amendment for your review. Please make any comments you have to staff by June 30.
10
Sign up for City of Muskegon Emails