Planning Commission Minutes 04-12-2007

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                                              CITY OF MUSKEGON
                                            PLANNING COMMISSION
                                              REGULAR MEETING
                                                   MINUTES

                                                    April 12, 2007

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

MEMBERS PRESENT:                        B. Mazade, L. Spataro, B. Larson, S. Warmington, T. Michalski,
                                        J. Aslakson, T. Harryman, B. Turnquist

MEMBERS ABSENT:                         B. Smith, excused

STAFF PRESENT:                          L. Anguilm, D. Leafers

OTHERS PRESENT:                         D. Posma, Dan Hoe Excavating, 13664 Rocky’s Rd., Holland; D.
                                        Dunlap, Westshore Consulting, 2534 Black Creek Rd.


APPROVAL OF MINUTES

A motion that the minutes of the regular meeting of March 15, 2007 be approved, was made by B.
Larson, supported by J. Aslakson and unanimously approved.

NEW BUSINESS/PUBLIC HEARINGS

L. Spataro arrived at 4:04 p.m.

Hearing; Case 2007-09: Request to rezone the property at 527 Young Ave., parcel 24-131-100-
0006-10, from I-1, Light Industrial District, to I-2, General Industrial, by Dan Posma, Dan Hoe
Excavating. L. Anguilm presented the staff report. The property is currently a vacant parcel, zoned
I-1, Light Industrial. A site plan was approved for a truck garage on the site at the March 15, 2007
Planning Commission meeting. Although the City allowed the new owner to use this property last
construction season for some concrete recycling in conjunction with a public works project, that use
is not allowed in an I-1 zone. The applicant has since indicated that he wishes to continue to do
concrete recycling and aggregate storage on the site. Since Dan Hoe Excavating works on many
road construction projects in the area, a site to store and recycle concrete from these projects is
essential to their operation. Properties to the south, east, and west are zoned I-1, Light Industrial.
The property to the north is zoned I-2, General Industrial, and is the rear of the Brunswick property.
A rezoning for this site would be a continuation of the existing I-2 zone. The properties to the
south, east, and west, as well as the subject property, are included in the Seaway Industrial Park. It
was originally thought that all properties in the park should be zoned I-1. However, staff feels that
the location of the property is such that adjacent properties would be not be adversely affected by
this zone change. The City’s 1997 Master Plan’s Future Land Use Map indicates the subject
property as “Industrial”. A Special Land Use Permit is also required for the intended use of this
property, and is the subject of the next case. Staff has received no comments on this request and
recommends approval, because the request conforms to the goals and recommendations of the
City’s 1997 Master Plan.
Planning Commission Minutes – 4/12/07                                                                    1
B. Turnquist was concerned about other industrial uses that would be allowed at this location under
an I-2 zoning, if this business were to cease operations. He stated that it could be detrimental to
adjacent properties.

A motion to close the public hearing was made by J. Aslakson, supported by L. Spataro and
unanimously approved.

A motion that the request to rezone the property located at 527 Young Avenue from I-1, Light
Industrial district to I-2, General Industrial 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 T. Harryman and supported by L. Spataro, with discussion
continuing on the motion.

B. Larson was concerned about dust, air quality, and drainage at the site. J. Aslakson also had
concerns about the aggregate storage and other uses allowed in an I-2 zoning. L. Spataro stated that
he understood those concerns, but the reason for creating this industrial park was to entice
businesses to the City. There was existing heavy industry adjacent to this site, and he stated that
this business was compatible with others in the surrounding area. Board members discussed the
Seaway Industrial Park and other businesses currently located there.

B. Mazade arrived at 4:11 p.m.

B. Turnquist asked if staff had received any comments from neighbors. L. Anguilm stated that she
had not. J. Aslakson asked if there was a creek bed on the property. D. Posma stated that it was
dry. Board members discussed the location of a large drain pipe near the property. A drawing of
the parcel showed that it passed through a small area in the corner of the lot.

A vote was taken on the above motion to approve the rezoning, and was unanimously approved.

Hearing; Case 2006-10: Request for a Special Land Use Permit, per Section 1501 (#1) of Article
XV of the Zoning Ordinance, to process, store and recycle concrete and aggregate at 527 Young
Ave., parcel 24-131-100-0006-10, by Dan Posma, Dan Hoe Excavating. L. Anguilm presented the
staff report. A site plan was approved for a truck garage on the site at the March 15, 2007 Planning
Commission meeting. In addition to a truck garage, the owner would like to process, store, and
recycle concrete and aggregate on the site. Some aggregate piles are existing on the site, probably
left from road construction projects in 2006. The owner would be required to screen any outdoor
storage from the right-of-way, and a 6-foot fence with privacy slats is proposed. The property is
zoned I-1, Light Industrial, with a proposed rezoning to I-2. Properties to the south, east, and west
are zoned I-1, and the property to the north is zoned I-2. DPW and Police have no concerns with
the site plan. The Planning Department requires the following conditions of approval: a) any areas
of the site used for future equipment parking shall be paved, and b) an amended site plan would be
required to be submitted to and approved by the Planning Department for the additional paved
areas. The Fire Marshal has no problems with the request. Engineering has the following conditions
of approval: a) the proposed work within the right-of-way of Temple and Young must be applied
for and approved by Engineering before any work takes place, and b) the proposal is approved in
concept but the details for paving Temple and drives needs to be approved by Engineering. Staff
has received no other comments regarding this request, and recommends approval with the
conditions listed in the staff report.
Planning Commission Minutes – 4/12/07                                                              2
D. Posma stated that he has a smaller, portable crusher. It is not a large-scale crushing operation.

A motion to close the public hearing was made by B. Larson, supported by T. Harryman and
unanimously approved.

A motion that the request for Special Land Use Permit, per section 1501 (#1) of Article XV of the
Zoning Ordinance, to allow for the processing, storage and recycling of concrete and aggregate in
an I-2 zoning district at 527 Young Avenue, by Dan Hoe Excavating be approved based on
compliance with the City’s Master Land Use Plan and conditions set forth in Section 2332 of the
City of Muskegon Zoning Ordinance based on the conditions that 1) all conditions of #6 and 8 of
the staff report shall be met, 2) the owner/applicant 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 affidavit shall be recorded with the register of deeds prior to beginning
construction, and 4) the rezoning of the property from I-1 to I-2 be approved by City Commission,
was made by J. Aslakson, supported by B. Larson and unanimously approved.


OTHER

Downtown Parking L. Anguilm stated that staff was not quite ready to continue the downtown
parking discussion at this meeting, but staff continues to work with Main Street and the DMDC on
the issue.


There being no further business, the meeting was adjourned at 4:25 p.m.




dml
4/12/07




Planning Commission Minutes – 4/12/07                                                                  3

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