Planning Commission Minutes 07-12-2007

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                                              CITY OF MUSKEGON
                                            PLANNING COMMISSION
                                              REGULAR MEETING
                                                   MINUTES

                                                    July 12, 2007

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

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

MEMBERS ABSENT:                         T. Harryman, excused; B. Mazade, excused; B. Smith, excused

STAFF PRESENT:                          L. Anguilm, D. Leafers

OTHERS PRESENT:                         E. Anderson, 341 E. Apple Ave; M. Newell, 1030 Sophia; S. Johnson,
                                        Every Woman’s Place, 1221 W. Laketon; K. Woods, 1221 W.
                                        Laketon; P. Hungerford, ADAC Automotive, 1801 E. Keating Ave.


APPROVAL OF MINUTES

A motion that the minutes of the regular meeting of June 14, 2007 be approved, was made by B.
Larson, supported by J. Aslakson and unanimously approved.

NEW BUSINESS/PUBLIC HEARINGS
L. Spataro arrived at 4:02 p.m.
Hearing; Case 2007-27: Request to rezone the property at 1024 Sophia Street, from R-1, Single
Family Residential, to B-2, Convenience and Comparison Business, by Eric Anderson, Apparel-
master Muskegon, Inc. The site presently houses a single-family home on a lot that measures 35.5
x 135 feet (4,686 sq. ft total area). The property owner has entered into a purchase agreement with
the applicant, contingent on the rezoning of the property. The applicant is the owner of the
Apparelmaster-Muskegon store at 341 E. Apple Avenue, located next to the property under
consideration for rezoning. This property is zoned B-2, Convenience and Comparison Business.
The property to the east is also zoned B-2, to the south is R-1, One Family Residential, and to the
west is B-4, General Business, which is the location of Goodwill Industries. The applicant is
requesting the rezoning so he can expand the parking for his business onto the parcel at 1024
Sophia. He has several delivery trucks that are parking across the street at Goodwill at this time,
with a special parking agreement. The Master Land Use Plan indicates the property is located in the
“Downtown/Lakeshore Redevelopment Area”. Within that area, the property appears to be in the
“Service Area”. This area is described as an area that “often acts as a gateway to the Downtown”
and provides “a beneficial home for professional, government and commercial activities”. Staff has
received no comments regarding this request and recommends approval, because the request
conforms to the goals and recommendation of the City’s 1997 Master Plan.

E. Anderson of Apparelmaster stated that they would like to remain in the City of Muskegon but
they need more space. They planned to use this adjacent lot to put an addition on their building in
Planning Commission Minutes – 7/12/07                                                                        1
which to park their vehicles. B. Turnquist asked how they would screen the business from the
neighboring houses. E. Anderson stated that there was a fence, and they planned to leave an area
between the lots unimproved to serve as a buffer. L. Anguilm stated that screening would be
required in the site plan review process. B. Turnquist asked if they had spoken to the neighbor at
1030 Sophia. E. Anderson stated that they had, and she was present at the meeting. M. Newell
stated that Mr. Anderson had been a great neighbor, and she supported the rezoning request. The
owner of 1038 Sophia was also present and stated that she was in favor of the rezoning.

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

S. Warmington disclosed that he was a customer of Apparelmaster, but stated that it would not
cause a conflict of interest.

A motion that the request to rezone the property located at 1024 Sophia Street from R-1, Single
Family Residential to B-2, Convenience and Comparison Business, 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
Plan and zoning district intent, was made by B. Turnquist, supported by B. Larson and unanimously
approved.

Hearing; Case 2007-28: Request to rezone the property at 1221 W. Laketon Avenue from R-1,
One Family Residential, to RM-2, Medium Density Multiple Family Residential, by Susan Johnson,
Every Woman’s Place. The site is a 5.63 acre parcel that presently contains a building owned and
occupied by Every Woman’s Place. The applicant is requesting a rezoning from R-1, Single Family
Residential, to RM-2, Medium Density Multiple Family Residential. Presently, the agency is a
legal non-conforming use. The purpose of the rezoning is to allow the agency to expand to
accommodate their growing clientele. Since expansion of a nonconforming use is only allowed to
expand up to 25%, and then only with Planning Commission approval, staff recommended that the
agency seek a rezoning. The properties to the north, south and east are also zoned R-1, and the
property to the west is zoned OSC, Open Space Conservation. The Future Land Use Map shows
this property (Sub-Area 6) as “Public/Quasi-Public”. The Master Plan also states: “It is the goal of
the Master Plan to retain the mixed-use character of Sub-Area 6 and to demonstrate how varying
land uses may co-exist, as well as compliment each other.” Vice Mayor Steve Gawron sent an e-
mail opposing the request, a copy of which was included with the staff report. S. Mullally of 1781
McGraft also sent a letter opposing the request. Staff recommends approval of the request because
it conforms to the goals and recommendations of the City’s 1997 Master Plan.

L. Anguilm stated that staff had met with the applicants to consider how to best accommodate their
needs, and suggested the rezoning. S. Johnson, CEO of Every Woman’s Place (EWP), spoke to
board members about the current building and the services that EWP provides. They need more
space in order to properly serve their clientele and administer their programs. K. Woods provided a
drawing of the proposed expansion. J. Aslakson asked if the area being added would be all or
primarily residential, and how many more people there would be. S. Johnson stated that it would be
primarily residential and there would be approximately 20 more people. L. Spataro stated that he
didn’t question the merits of the project, but was concerned about what else may be allowed in that
area under the new zoning if Every Woman’s Place were to move out. He asked how much acreage
the new building would cover. S. Johnson wasn’t sure, but stated that it would be under 3 acres. L.
Spataro asked if it would be possible to accommodate the request under a PUD without changing
the zoning, or to rezone only the portion of the lot on which the building would sit. L. Anguilm
Planning Commission Minutes – 7/12/07                                                             2
stated that she didn’t know right offhand, and would have to look into it. K. Woods asked about the
possibility of conditional zoning. L. Anguilm stated that the City did not have that in its ordinance.
B. Turnquist asked how many additional employees would be added. S. Johnson stated that there
would probably be 15 to 20. They had the funds for additional employees, but did not have the
space. T. Michalski asked about the transitional housing that was mentioned. S. Johnson stated that
would allow them to keep some people at the facility for over 30 days when necessary.

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

L. Spataro stated that he didn’t have a problem with the project, but was concerned about the
rezoning and what other uses it would allow. He stated that a PUD or partial rezoning might be a
better option, as it would allow the expansion but still address the neighbors’ concerns. L. Anguilm
stated that the board could put that as a condition of approval. B. Larson asked the applicant what
she thought about those possibilities. S. Johnson stated that she would prefer that the entire parcel
be rezoned, but understood the desire for a compromise. Staff and board members discussed other
uses allowed in an RM-2 zoning, and other ways to accommodate the facility’s expansion. L.
Spataro asked the applicant if she would object to tabling the case until next month. S. Johnson
stated that she thought it would be acceptable, as she could still go back to her board and tell them
that the City was trying to work out a way to help them accomplish their expansion.

A motion to table this case until the August meeting was made by J. Aslakson, supported by B.
Larson and unanimously approved.

Hearing: Case 2007-29: Staff-initiated request to amend Section 2331 (Landscaping, Fencing,
Walls, Screens, and lighting, #20, d) of Article XXIII, clarifying the location of the “horizontal
plane”. The Zoning Ordinance requirements for outdoor lighting were amended in 1998. At that
time the present requirement for 100% cut-off lighting was put into place. The reasons behind this
requirement were two fold. It is best to keep the light concentrated in the areas where it is needed
for safety reasons, and also to protect the environment in several ways. Keeping outdoor lighting
directed downward helps eliminate sky glow, light trespass, glare, clutter and confusion, energy
waste and financial waste. Recently, a variance was obtained to this section of the ordinance to
allow lights shining up into the sky to wash the wall of an office building on our lakeshore. One of
the arguments made by the applicant was that our zoning ordinance didn’t designate where the
“horizontal plane” was, and the applicant interpreted it to be the top of the building. In order to
further tighten this language so it meets the intent under which it was written into the ordinance,
staff recommends adding new language to the ordinance, as described in the staff report.

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

A motion that the amendment to Section 2331(Landscaping, Fencing, Walls, Screens, and Lighting,
#20, d), of Article XXIII, General Provisions, of the City of Muskegon Zoning Ordinance, be
recommended to the City Commission for approval, was made by J. Aslakson, supported by B.
Larson and unanimously approved.

NEW BUSINESS

Case 2007-25: Request for site plan review for a building expansion at 1801 E. Keating Avenue,
by Peter Hungerford, ADAC Automotive. ADAC Automotive is a major Muskegon manufacturer
Planning Commission Minutes – 7/12/07                                                       3
of automotive parts. They presently occupy the building at 1801 E. Keating Ave., as well as the
building located on Port City Blvd., just across the street. The present building is 146,016 square
feet of manufacturing, warehouse and office space. The applicant requests approval for
construction of an addition of approximately 54,000 square feet. The warehousing activities
presently occupying a portion of the main building will be moved into the new addition to make
more room for manufacturing. The property is zoned I-2, General Industrial, as are the properties to
the north, east and south. The property to the west is zoned R-1, Single Family Residential, and is
the site of Sunrise Memorial Gardens cemetery. The site plan was not delivered to Planning
Department staff until July 5th, so there were no comments available from other departments at the
time of this staff report. City staff met with the applicant prior to submission of the site plan to
discuss any outstanding issues that may come to the attention of staff. If any conditions are
required from other departments, staff will bring them to the Planning Commission meeting.

L. Anguilm stated that the applicant had made additions to the site plan addressing most of the
concerns mentioned in the staff report. They still had a few items to work out with the Fire
Department. P. Hungerford explained ADAC’s need for additional space.

A motion that the site plan for an industrial building addition located at 1801 E. Keating Avenue for
Peter Hungerford, ADAC Automotive, be approved, with the conditions that 1) all requirements
addressed in item #5 of the staff report shall be provided as needed on a revised site plan prior to
issuance of a building permit, and 2) any other conditions of Fire, Engineering, or DPW also be
met, was made by S. Warmington, supported by L. Spataro and unanimously approved.


OTHER

None.


There being no further business, the meeting was adjourned at 4:50 p.m.

dml
7/12/07




Planning Commission Minutes – 7/12/07                                                              4

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