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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
June 10, 2010
Chairman T. Michalski called the meeting to order at 4:02 p.m. and roll was taken.
MEMBERS PRESENT: L. Spataro, T. Harryman, B. Turnquist, S. Warmington,
B. Mazade, T. Michalski,
MEMBERS ABSENT: W. Parker, excused; B. Smith, excused; B. Larson
STAFF PRESENT: M. Franzak, D. Leafers
OTHERS PRESENT: E. Pierce, 1311 Adams; Mrs. Holdren, 189 Houston
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of May 13, 2010 be approved, was made by B.
Turnquist, supported by T. Harryman and unanimously approved.
PUBLIC HEARINGS
Hearing; Case 2010-19: Request for preliminary Planned Unit Development approval for mixed
use retail, commercial and residential for the property at 1144 Third St. by Mark Pierce, EMC
Group. M. Franzak presented the staff report. The property is presently zoned B-2,
Convenience and Comparison Business, and contains a car wash, body shop, and retail space.
All of the proposed uses can’t be accommodated under the present zoning, therefore a PUD has
been requested. The request for the PUD is to allow automobile sales on the property. The
property had historically been used for automobile sales until the property was down-zoned and
Betten Automotive eventually moved out. There may also be other uses that the owners would
like to include in the PUD. Debra Tober of 283 Houston called and said that she is in favor of
the request. No other comments from the public were received.
E. Pierce provided a list of proposed uses for the property and discussed current uses going on
there now. T. Michalski stated that he had noticed some wrecked vehicles parked on the
property and was concerned about outdoor storage of those kinds of vehicles. E. Pierce stated
that he had spoken to M. Cameron about the zoning requirements for screening, and would
comply with that. Board members, staff, and E. Pierce discussed the request for an auto auction
and flea market, and the parking associated with those events. M. Franzak had suggested that
they limit the number of vehicles in the auto auction, to help ensure that there was adequate
parking. L. Spataro stated that the other businesses on Third Street would benefit from the added
traffic these businesses could generate. He suggested other parking areas in the vicinity that may
be available. Board members discussed their concerns with “junk” vehicles being stored in the
open and the blighting influence on the surrounding neighborhood. M. Franzak stated that
zoning ordinance limited the amount of time that vehicles could be stored in an outdoor area. E.
Pierce asked if that time frame could be expanded if the storage was screened. M. Cameron
Planning Commission Minutes – 6/10/10 1
stated that a recent court case upheld the 5- or 7-day outdoor storage limit, even if the storage
area was screened. T. Michalski asked if they’d be able to store the cars indoors. M. Cameron
stated they would, with a PUD. E. Pierce stated that he had spoken with the owner of the body
shop, who had stated that he would try to minimize the time the vehicles are sitting outdoors. T.
Harryman asked if the outdoor storage issue could be addressed in the PUD conditions. M.
Franzak stated that it could, since they were requesting an expansion of the current use. T.
Michalski asked if the parking lot lighting was 100% cutoff. M. Franzak stated that it was. Mrs.
Holdren lived in the area and was concerned with the outdoor vehicle storage being a detriment
to the neighborhood. T. Michalski stated that the Planning Commission and City staff would
work with Mr. Pierce to ensure that there would be no negative effects on the neighborhood.
A motion to close the public hearing was made by T. Harryman, supported by S. Warmington
and unanimously approved.
A motion that the Preliminary PUD for a mixed use retail, commercial and residential
development for the property at 1144 3rd Street be approved, pursuant to the determination of
compliance with the intent of the City Zoning Ordinance and City Master Land Use Plan, was
made by T. Harryman, supported by S. Warmington and unanimously approved.
Hearing; Case 2010-20: Request for final Planned Unit Development approval for mixed use
retail and commercial for the property at 1144 3rd Street, by Mark Pierce, EMC Group. M.
Franzak presented the staff report. The property is presently zoned B-2, Convenience and
Comparison Business, and there is a car wash, body shop, and retail use on the property. All of
the proposed uses can’t be accommodated under the present zoning, therefore a PUD has been
requested. The request for the PUD is to allow automobile sales on the property. The property
had historically been used for automobile sales until the property was down-zoned and Betten
eventually moved out. There may also be other uses that the owners would like to include in the
PUD. Debra Tober of 283 Houston called and said that she is in favor of the request. No other
comments from the public were received.
M. Franzak stated that the Planning Commission would need to determine the number of parking
spots required, and if the lot would have to be striped, or they could vote to allow staff to make
that determination. He stated that the Inspection Services department would also have to
approve the types of uses in the buildings. L. Spataro suggested adding a condition of approval
stating that the parking lots be striped for parking. Screening requirements for vehicle storage
were discussed. M. Cameron suggested that the Planning Commission define the type of
screening and the number of days the vehicles could remain. E. Pierce stated that there was a
fenced-in storage area where vehicles could be stored. T. Michalski asked how the auto auction
would work. E. Pierce explained. L. Spataro stated that they would need to be prepared to deal
with vehicles that might be left at the end of the week. Board members discussed the current
requirement of a five-day limit on outdoor vehicle storage.
A motion to close the public hearing was made by B. Mazade, supported by T. Harryman and
unanimously approved.
A motion that the Final PUD for a mixed use retail, commercial and residential development for
the property at 1144 3rd St be approved, pursuant to the determination of compliance with the
intent of the City Zoning Ordinance and City Master Land Use Plan, with the conditions that 1) a
revised site plan is submitted and approved by the Planning Department, which shows the
required amount of parking spaces that will be striped and outlines the area where vehicles will
Planning Commission Minutes – 6/10/10 2
be sold, 2) Conditions #5, 7, and 9 of the staff report are met, and 3) that any vehicles stored on
site be kept in a fenced-in area in compliance with the Article XIII (B-4 General Business
District), Section 1300, #6 (c) of the Zoning Ordinance, which states “Major automobile repair,
engine and body repair, steam cleaning and undercoating may be allowed when conducted on the
site, and said uses shall be within a completely enclosed building. The storage of wrecked
automobiles on the site shall be obscured from public view. No automobile or vehicle of any
kind shall be stored in the open for a period exceeding one (1) week.”, was made by L. Spataro,
supported by S. Warmington and approved, with B. Turnquist voting nay.
Hearing; Case 2010-21: Staff-initiated request to amend Section 2334, #5 of Article XXIII to
modify the rules on banners. Staff’s proposed revisions to the sign ordinance to allow greater
flexibility for banners were presented in the staff report. M. Franzak summarized the changes
made.
A motion to close the public hearing was made by T. Harryman, supported by L. Spataro and
unanimously approved.
A motion that the amendment to Section 2334, #5 of Article XXIII, of the City of Muskegon
Zoning Ordinance, be recommended to the City Commission for approval, was made by S.
Warmington, supported by L. Spataro and unanimously approved.
NEW BUSINESS:
None
OLD BUSINESS
None
OTHER
None
There being no further business, the meeting was adjourned at 4:52 p.m.
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