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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
May 13, 2010
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: L. Spataro, B. Larson, W. Parker, T. Harryman, B. Turnquist, S.
Warmington, B. Mazade, T. Michalski, B. Smith
MEMBERS ABSENT: None
STAFF PRESENT: M. Franzak, D. Leafers
OTHERS PRESENT: H. Finney, 460 W. Laketon Ave.; E. Pierce, EMC Group, 1311
Adams
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of April 15, 2010 be approved, was made by B.
Turnquist, supported by W. Parker and unanimously approved.
PUBLIC HEARINGS
Hearing; Case 2010-16: Request to rezone the portion of the property located at 1700 Messler
St., currently known as 460 W Laketon Ave, from I-2, General Industrial District to B-4, General
Business District, by Brunswick Bowling Products. M. Franzak presented the staff report.
Brunswick would like to split the parcel at 1700 Messler St. in order to separate the existing
credit union property from the larger parcel. However, doing so would create an illegal split
because the credit union parcel would not meet the lot size requirements of an I-2 zone. The
credit union portion of the parcel has just over 34,000 square feet, and the minimum I-2 lot size
is one acre (43,560 feet). Since B-4 districts only require 10,890 square feet of lot space,
rezoning the parcel to B-4 would solve the lot size problem. In addition, the credit union
currently operates as a legal non-conforming use in an I-2 district, and the B-4 rezoning would
bring the use into conformity. The lot will be split once the rezoning is approved. Staff
recommends approval of the request.
L. Spataro asked if the lot split would create a spot zone. M. Franzak stated that it would not.
A motion to close the public hearing was made by L. Spataro, supported by T. Harryman and
unanimously approved.
A motion that the request to rezone the portion of the property located at 1700 Messler St.,
currently known as 460 W Laketon Ave, from I-2, General Industrial District to B-4, General
Business District, as described in the public notice, be recommended to the City Commission for
approval, 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
Planning Commission Minutes – 5/13/10 1
B. Turnquist, supported by L. Spataro and unanimously approved.
B. Mazade excused himself to attend to a matter out of the room.
Hearing; Case 2010-12: Staff-initiated request to amend Section 2313 of Article XXIII to add
provisions for Community Gardens. This request was tabled from the April meeting per staff’s
request. There are several community gardens in the City; however, there currently is no set
ordinance to regulate this type of use. Staff is proposing add Section 2313 of Article XXIII to
regulate Community Gardens. Proposed new ordinance language was presented in the staff
report, and was discussed by board members and staff.
A motion to close the public hearing was made by S. Warmington, supported by T. Harryman
and unanimously approved.
A motion that the amendment to Section 2313 of Article XXIII, of the City of Muskegon Zoning
Ordinance regarding Community Gardens be recommended to the City Commission for
approval, was made by L. Spataro, supported by T. Harryman and unanimously approved.
NEW BUSINESS:
None
OLD BUSINESS
Third Street Rezoning Request At the April Planning Commission meeting, a request was made
to rezone the property at 1144 3rd St from B-2, Convenience and Comparison Business District
to B-4, General Business District. Staff was asked to explore other possibilities that would allow
vehicle sales at this location, without rezoning it to B-4. An overlay district for Third St. was
considered, but staff has now determined that a Planned Unit Development (PUD) would be a
better fit. The process and time frame for getting a PUD was discussed by staff, the board, and
Mr. Pierce. S. Warmington stated that a PUD would allow more flexibility than an overlay
district, and could allow other uses besides car sales. E. Pierce asked how a PUD would benefit
his company, rather than a rezoning. M. Franzak stated that a PUD would be a compromise,
since the most of the board members did not seem to be in favor of a rezoning.
A motion to approve the request to rezone the property at 1144 Third St. from B-2, Convenience
and Comparison Business to B-4, General Business, was made by B. Larson and supported by S.
Warmington. The motion failed, with all members voting nay except for B. Larson who voted
yes, and B. Mazade, who abstained because he was not present during the discussion.
Discussion continued on other possibilities for this property. L. Spataro stated that the benefit of
a PUD was that it had a better chance of being approved by the Planning Commission, and it
would still protect the surrounding neighborhood. Board members concurred that a PUD was the
preferred choice. E. Pierce asked if the Planning Commission could reinstate the grandfathered
rights for car sales so that he could run his business until the PUD was applied for and granted.
S. Warmington stated that it was possible if it was determined that car sales had been at that
location in the previous 2 years. E. Pierce stated that he had originally made this request to staff
back in December 2009. Since the Zoning Administrator at that time was no longer available to
answer questions, the Planning Commission discussed the grandfathered rights of the property
and whether car sales should be allowed to continue.
Planning Commission Minutes – 5/13/10 2
A motion that the property maintain its B-2 zoning, with auto sales at that location to be allowed
under grandfathered rights based on Betten Automotive selling cars at that location within 2
years of the applicant’s original request to the City, with the understanding that the applicant will
pursue a PUD for this location at the June 2010 Planning Commission meeting, with no fee
being charged to them, was made by S. Warmington, supported by T. Harryman and approved,
with B. Larson voting nay and B. Mazade abstaining because he was not present during the
discussion.
OTHER
None
There being no further business, the meeting was adjourned at 4:50 p.m.
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