Planning Commission Minutes 07-16-2009

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                                             CITY OF MUSKEGON
                                           PLANNING COMMISSION
                                             REGULAR MEETING
                                                  MINUTES

                                                   July 16, 2009

Vice-chairman B. Turnquist called the meeting to order at 4:04 p.m. and roll was taken.

MEMBERS PRESENT:                        L. Spataro, B. Mazade, B. Larson, T. Harryman, B. Turnquist

MEMBERS ABSENT:                         T. Michalski, excused; S. Warmington, excused; B. Smith, excused

STAFF PRESENT:                          L. Anguilm, D. Leafers

OTHERS PRESENT:                         K. Snowden, 249 W. Holbrook; C. Skoglund, Muskegon Rescue
                                        Mission; J. Neading, 1699 S. Getty St.


APPROVAL OF MINUTES

A motion that the minutes of the regular meeting of May 14, 2009 be approved, was made by B.
Larson, supported by T. Harryman and unanimously approved.

PUBLIC HEARINGS

Hearing; Case 2009-06: Request for a Special Land Use Permit, per section 2202, #3 of Article
XXII of the Zoning Ordinance, to allow an expansion not exceeding 25% of a nonconforming
use at 400 W. Laketon Avenue, by Carla Skoglund, Muskegon Rescue Mission. L. Anguilm
presented the staff report. The property is a 2.12 acre parcel that presently contains a building
owned and occupied by the Muskegon Rescue Mission. The original 1.97 acre parcel now
includes a .153-acre triangular-shaped parcel on the corner of Laketon and Park, recently
purchased from the City of Muskegon. This property is zoned B-4, General Business, as are
properties to the east. Properties to the south, west and north are zoned I-2, General Industrial.
The use of the property as an emergency shelter for men is a non-conforming use in a B-4
district. The Rescue Mission plans to renovate the existing building and build a small addition.
Since they are a non-conforming use, they must come before the Planning Commission and be
granted approval for the addition, not to exceed 30% of the existing building. The addition is 16
x 20 feet for a total of 320 square feet and is located on the west side of the building. It will be
used for additional housing. In another interesting twist, the existing building itself is non-
conforming, since it encroaches in three places on property to the north, which belongs to the
City of Muskegon and is part of the Laketon Avenue bike trail. The new addition will not be
outside the current footprint of the existing building and therefore won’t exacerbate the non-
conforming status. Permission to expand a non-conforming structure is also required from
Planning Commission and it may be expanded only 25% of the original building footprint. The
320 square foot addition to the building does not exceed either the non-conforming use
expansion maximum of 30% or the non-conforming structure expansion maximum of 25%.

The site plan has many items that must be addressed, none of which would stop the project. The

Planning Commission Minutes – 7/16/09                                                                 1
following items must be corrected on the site plan and three revised copies submitted to the
Planning Department: a) include the proper zoning classification for the subject property and
abutting properties, b) maneuvering lanes must be 22 feet in the parking area; the lane between
the three parking spaces on the west side of the building and the row of parking spaces to the
west is inadequate at only 18 feet, c) the parking area to the west must have landscaped
islands/bump-outs, d) please include a vicinity map, e) the parcel number must be included on
the site plan, f) include parcel dimensions, g) the height dimension of the addition must be
indicated, h) please show area reference points for adjacent properties (drives, structures within
100 feet), i) include topography elevations at 5-foot intervals, j) include arrows showing
direction of existing overland flow of storm water runoff, k) a grading plan must be included, as
well as soil erosion and sedimentation control measures, l) indicate existing natural features
including vegetation specified to be removed or retained, m) indicate location of snow storage
areas, n) if any new outdoor lighting will be installed, indicate location, type, height and design;
remember, all outdoor fixtures must be 100% cut-off style, o) is there a dumpster on site or will
one be installed? If so, show location and proper screening, p) indicate location of fire lanes, fire
lock box, hydrants, standpipes and security lighting, q) it appears that an outdoor fence or wall
will be erected surrounding the outdoor break area; please indicate height and materials to be
used, r) there is no landscape plan included. Although some landscaped areas seem to be shown
on the site plan, it is unclear whether they are existing or proposed. No key to these areas is
provided so staff can determine numbers of types of landscape materials. All front and side
setbacks must have a minimum 10-foot green space and be landscaped according to the City of
Muskegon Zoning requirements. The Engineering Department has the following conditions of
approval: a) surface water must be contained on site and not allowed to drain to the public
sidewalk and/or the bike path, and b) a permit from Engineering is required to work in the public
right-of-way (closing of drive on Laketon). The Fire and Public Works Departments have no
outstanding issues with this site plan. Staff had a phone call from Kathy Hulbert, 465 W.
Southern Avenue, who approves of the request. The 1997 Master Plan Future Land Use Map
identifies the property as “residential”. Based on compliance with the 1997 Master Plan, staff
recommends approval of the request.

T. Harryman asked if staff had received any other comments from concerned property owners in
the area. L. Anguilm stated that she had not. K. Snowden was a resident of the area and was
concerned about the impending closing of the prison, and the possibility of those released taking
up residence at the mission. She stated that she sees a lot of mission residents wandering the
neighborhoods around the facility during the day. C. Skoglund stated that mission residents were
not forced to leave the facility during the day. She stated that there was a need for more beds,
and it actually prevented people from roaming the streets. She stated that the mission did not
prevent those with criminal backgrounds from using the facility. As part of the renovations, they
would be installing a security system. K. Snowden asked how many beds the facility would have
after the addition. C. Skoglund stated there would be about 76. T. Harryman asked what the
reasons for the renovations were. C. Skoglund stated that the building was old and there were
parts of it that were no longer usable. They also wanted to add some new programs, and needed
additional space. T. Harryman asked what the current capacity was. C. Skoglund stated that it
was 50 beds. B. Turnquist asked if the renovations would be done inside and outside the
building. C. Skoglund stated that they would. The outside would look better, the parking lot
would be improved, there would be a small amount of landscaping, and a security system would
be installed.

A motion to close the public hearing was made by T. Harryman, supported by B. Mazade and
Planning Commission Minutes – 7/16/09                                                              2
unanimously approved.

A motion that the special land use permit, per section 2202 (#3) and 2203 (#1)of Article XXII of
the Zoning Ordinance, to allow an expansion of a non-conforming use not exceeding 25% and an
expansion of a non-conforming structure not exceeding 30% at 400 W. Laketon Avenue, by
Carla Skoglund, Muskegon Rescue Mission, 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, with the conditions that 1) All conditions of the Planning Department (#8) and the
Engineering Department (#9) in the staff report must be met, 2) Any new signage must comply
with the zoning ordinance; permits are required, 3) The owner shall permit the zoning
administrator or other zoning staff in the premises at reasonable times to review compliance with
this permit, 4) 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 – 3 & 5,
and 5) The Special Land Use permit document shall be recorded with the register of deeds prior
to occupying the building, was made by L. Spataro, supported by B. Larson and unanimously
approved.

Hearing; Case 2009-07: Request for a Special Land Use Permit per section 1301, #1 of Article
XIII, to allow a used car lot in a B-4 zoning district at 1699 S. Getty Street, by Jeff Neading,
Affordable Pre-Owned Autos. L. Anguilm presented the staff report. The subject property is
zoned B-4, General Business and has a small commercial entity located inside the building.
Properties to the north and south are zoned B-4. Properties to the east are zoned I-1, Light
Industrial and properties to the west are R-1, Single Family Residential. The applicant’s request
is to operate a used car lot on the site, and use the present building for the sales office. The site
plan shows a 71 x 56 foot paved area directly in front of the building where the cars will be
displayed and customers can park. A 20 x 24 area in the rear of the building is paved and is
adequate parking for two employees. No parking is allowed on unpaved areas of the site. There
are two conditions listed in the Zoning Ordinance for sales space for the sale of new and used
automobiles as a special land use permit, both of which are met on this property: 1) Ingress and
egress to the outdoor sales area shall be at least sixty feet from the intersection of any two streets,
and 2) No major repair or major refinishing shall be done on the lot. The Engineering, Fire, and
Public Works Departments had no outstanding issues with the site plan. Rhonda Klingel, 1657
S. Getty, called to say that she is in favor of the request. The 1997 Master Plan Future Land Use
Map identifies the property as “Commercial”. Based on compliance with the 1997 Master Plan,
staff recommends approval of the request.

L. Spataro asked if there would be any changes to the site. J. Neading stated that there would
not. Board members and J. Neading discussed his other car lot and plans for this one. He stated
that he would probably use this one as a secondary lot if he was unable to find a tenant.

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

A motion that the special land use permit, per section 1301 (#1) of Article XIII of the Zoning
Ordinance, to allow a used car lot in a B-4, General Business zoning district at 1699 S. Getty
Street, by Jeff Neading of Affordable Pre-owned Autos 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 with the conditions that 1) No parking of any vehicles is allowed
on unpaved areas, 2) Any new signage must comply with the zoning ordinance; permits are
required, 3) The owner shall permit the zoning administrator or other zoning staff in the premises
Planning Commission Minutes – 7/16/09                                                            3
at reasonable times to review compliance with this permit, 4) 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 – 3 & 5, and 5) The Special Land Use permit document shall
be recorded with the Register of Deeds prior to occupying the building, was made by T.
Harryman, supported by B. Mazade and unanimously approved.

Hearing; Case 2009-08: Staff-initiated request to amend Section 2311, #10 (Accessory Structures
& Buildings) of Article XXIII, to include “Wind Turbines” as permitted temporary structures. L.
Anguilm presented the staff report. Staff and board members discussed wind turbines, and the
board requested that staff provide them with additional information on the subject. This case and
the following two were tabled, to be discussed at a future meeting.

Hearing; Case 2009-09: Staff-initiated request to amend Section 2310, of Article XXIII, to add
“Wind Turbine Facilities”. Tabled.

Hearing; Case 2009-10: Staff-initiated request to amend Article II, Definitions, to add definitions
for “Wind Turbine” and “Wind Turbine Facility”. Tabled.

NEW BUSINESS

None

OTHER

Great Lakes Naval Museum – B. Turnquist asked what was going on with events at the Naval
Museum. L. Anguilm stated that she had fielded several event requests from them.



There being no further business, the meeting was adjourned at 4:41 p.m.

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Planning Commission Minutes – 7/16/09                                                            4

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