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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
July 15, 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, W. Parker, B. Smith, B. Larson
MEMBERS ABSENT: None
STAFF PRESENT: M. Franzak, D. Leafers
OTHERS PRESENT: M. David, 721 E. Laketon Ave.; J. Wesley II, 1838 Superior; J.
Cross, 1115 3rd St.; K. Lemke, 1137 3rd St.; P. Lundwall, 3198
Edgewater; C. Brady, 1823 Edgewater, M. Kantor, 3024 Sherwood
Ct; S. Schiller, 1828 Edgewater
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of June 10, 2010 be approved, was made by B.
Turnquist, supported by T. Harryman and unanimously approved.
L. Spataro arrived at 4:05 p.m.
PUBLIC HEARINGS
Hearing; Case 2010-28: Request to rezone a portion of the property at 721 E Laketon from R-1,
Single Family Residential district to B-4, General Business district, by Micheal David. M.
Franzak presented the staff report. The entire parcel at 721 E. Laketon measures 39,062 square
feet. Of that, about 32,374 square feet is zoned B-4, General Business District and about 6,688
square feet on the southern portion of the lot is zoned R-1, Single Family Residential District.
The portion of the parcel that is zoned R-1 is considered a buildable lot since it meets the 6,000
square foot minimum lot size and 50 feet of frontage standards. The properties to the east and
south are zoned B-4, and properties to the north, west, and south are zoned R-1. The applicant is
requesting to rezone the property so that the entire parcel is B-4. He would like to open a used
car lot and car repair facility. Cars for sale would be placed on the western portion of the
property in the area currently fenced. The building on the property would be used for the sales
office and automobile repair. Staff recommends approval of the rezoning so that the parcel will
fall under one zoning classification.
B. Mazade and B. Smith arrived at 4:07 p.m.
S. Warmington arrived at 4:08 p.m.
T. Harryman asked how long the parcel had been zoned R-1. M. Franzak stated that he wasn’t
sure, but on a 1986 zoning map it was R-1. L. Spataro asked if the entire parcel was enclosed by
a fence. M. Franzak stated that it was. W. Parker asked if there would be car sales or repair. M.
Planning Commission Minutes – 7/15/10 1
Franzak stated that there would be both. Car repair was a principal use in the B-4 district and did
not require a special use permit. M. David discussed his plans for the site. He currently had a
car lot further down on Laketon, but needed more space and wanted to be in an area of higher
traffic. He stated that the area in question was fenced in but was very overgrown now. He
planned to clean up that portion and use it for display space for cars. Car repair would take place
in the main building. T. Michalski recalled that this portion of the lot was where nursery stock
was kept many years ago, so it was part of the original commercial parcel back then. B.
Turnquist asked if the lot would be lighted at night. M. David stated that it would. J. Wesley,
whose property abuts this lot, was concerned with additional traffic on the residential street,
noise, and lighting on the car lot. He stated that many trees that provided screening between the
properties were cut down and the fence between the properties was dilapidated. He said he
would not be opposed to the car lot if those issues were addressed. T. Michalski asked if
screening was required between this lot and the adjacent lot. M. Franzak stated that it was. M.
David stated that he was going to erect a nice privacy fence between the properties.
A motion to close the public hearing was made by L. Spataro, supported by B. Larson and
unanimously approved.
A motion that the request to rezone a portion of the property located at 721 E Laketon from R-1,
Single Family Residential District to B-4, General Business 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 L. Spataro, supported by S. Warmington and
approved, with W. Parker and B. Turnquist voting nay.
Hearing; Case 2010-29: Request for a Special Use Permit, per section 401 #6 of Article IV of
the Zoning Ordinance, to allow vehicle sales in a B-4, General Business zoning district at 721 E
Laketon Avenue, by Micheal David. M. Franzak presented the staff report. The applicant is
requesting a special use permit for vehicle sales for the property at 721 E Laketon Avenue. The
parcel is currently zoned B-4, General Business District, which allows vehicle sales with a
special use permit. The building located on the property is roughly 8,200 square feet and is
currently vacant. The sales office would be located in the easternmost section of the building
and would be about 900 square feet. An auto repair shop would be located in the westernmost
portion of the building and would be roughly 2,280 square feet. These two uses would require at
least 7 spaces to be striped for parking. Vehicles for sale would be located along Laketon
Avenue in the current parking lot and also in the currently fenced-in field (this area would need
to be paved). A condition of all special use permits for automobile sales states, “Ingress and
egress to the outdoor sales area shall be at least sixty (60) feet from the intersection of any two
(2) streets.” The site plan shows that the curb cut on Ray Street is 60 feet from the intersection
of Laketon; however, a field check by staff shows that there is only about 25 feet of clearance.
Either this curb cut would need to be blocked off, or automobile sales should only take place
west of the curb cut on Laketon Avenue. The site plan does not indicate parking spaces. There
is only 45 feet of clearance from the building to the sidewalk, which would make the required
parking difficult to achieve, as there must be 22 feet of clearance for two-way traffic. Also,
parking spaces must be 8 x 18 feet and there must also be room left over for the vehicles for sale.
The zoning ordinance also states that an average minimum greenbelt of 10 feet shall be
maintained along all street frontages, which currently is not being met. The Planning
Department requires the following amendment to the site plan as a condition of approval: a
revised site plan showing the new pavement, car sales locations, vehicle maneuvering isles,
greenbelt buffer and striped parking spaces must be submitted. The Engineering Department has
Planning Commission Minutes – 7/15/10 2
no outstanding issues with this site plan, nor does the Department of Public Works. The Fire
Department has the following condition of approval: a key box for fire department access is
required if fence and gate is installed. Staff received a comment via e-mail from “Mel K” and S.
Gawron of 1362 Palmer, who were opposed to the request. Staff recommends that vehicle sales
should only be allowed west of the Laketon Avenue curb cut.
L. Spataro asked M. David how he would address staff and neighbor concerns as mentioned in
the previous case. M. David stated that he would put up a new 6-foot fence across the back of
the property by the neighbor’s house, parking lot lights will shine away from the residential area
and toward the parking lot only, and he will clean up the property so that it looks nice. He stated
that he was aware of the 100% lighting cut-off rule. The curb cut and gate on Ray St. were
discussed. T. Michalski and M. Franzak agreed that staff would work with the applicant on that
issue.
A motion to close the public hearing was made by T. Harryman, supported by B. Larson and
unanimously approved.
W. Parker stated that he was concerned with additional traffic on the residential side streets next
to this business, and the dilapidated condition of the building. L. Spataro stated that he believed
having this property occupied would be an improvement. He stated that Mr. David’s current car
lot was well-kept, and he was a good neighbor to the nearby residents.
A motion that the special land use permit, per Section 401 (#6) of Article IV of the Zoning
Ordinance, to allow vehicle sales in a B-4, General Business District at 721 E Laketon Ave, by
Michael David, 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) Automobile sales must be located west of the curb cut on Laketon Avenue.
This area must be paved and comply with the parking and maneuvering requirements set forth in
the zoning ordinance, 2) All signage requires a permit and must comply with the zoning
ordinance, 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 document shall be recorded with the register of deeds prior to establishment of the use,
and 5) 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 condition 1 – 4, was made by
T. Harryman, supported by S. Warmington and approved, with W. Parker and B. Turnquist
voting nay.
Hearing; Case 2010-30: Request for a Special Use Permit, per section 401 #6 of Article IV of
the Zoning Ordinance, for a vintage retail shop at 1115 3rd Street (Suite 3), by Jennifer Cross.
M. Franzak presented the staff report. The applicant is requesting a special use permit for a
vintage retail shop. The parcel is zoned B-2, Convenience and Comparison Business District,
which allows for this type of use with a special use permit. The proposed business meets the
definition of Vintage Shop, as defined by the zoning ordinance. The business has 1,000 feet of
usable floor space, which requires 3 parking spaces (30% can be on-street in the downtown
parking overlay district). The owner does not currently have any parking spaces or a shared
parking agreement.
B. Smith asked if there would be enough parking. M. Franzak stated some could be
accommodated with on-street parking, but there was a lack of parking lot space. J. Cross stated
Planning Commission Minutes – 7/15/10 3
that the Neighborhood Investment Corp, in the same building, was going out of business so there
would be parking available. T. Harryman asked how much of the business was online. J. Cross
stated that there was not much yet, but she anticipated more online business during the winter,
when there was not as much foot traffic. K. Lemke had a business in the area and she was in
favor of the request. She stated that this was a unique store that would be a good fit for the
neighborhood.
A motion to close the public hearing was made by T. Harryman, supported by B. Larson and
unanimously approved.
A motion that the special land use permit, per Section 401 (#6) of Article IV of the Zoning
Ordinance, to allow a vintage shop in a B-2, Convenience and Comparison Business District at
1115 3rd Street, by Jennifer Cross, 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) A shared parking agreement for 2 parking spaces shall be submitted to
the Zoning Administrator, 2) All signage requires a permit and must comply with the zoning
ordinance, 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 document shall be recorded with the register of deeds prior to establishment of the use,
and 5) 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 condition 1 – 4, was made by
B. Smith, supported by S. Warmington and unanimously approved.
NEW BUSINESS:
None
OLD BUSINESS
Case 2009-13 (tabled from Sept. 2009 meeting): Request for Site Plan Review for property
located at 3198 Edgewater Street, by Phillip Lundwall, Muskegon Yacht Club. M. Franzak
presented the staff report. The subject property is 2.62 acres of waterfront property, including a
clubhouse, pool with changing rooms and a boat house. There are presently 71 existing boat
slips. The Yacht Club plans to replace those with new ones and add 13 new slips, along with a
protective wave attenuating breakwall. Improvements on the water, including the boat slips,
require DEQ, not City, approval. The Planning Commission is being asked to approve the
additional parking. The subject property is zoned WM, Waterfront Marine, as are properties to
the east. Properties to the north, west, and south are zoned R-1, Single Family Residential. The
construction of the new boat slips requires additional parking. There is adequate paved area
shown on the site plan to accommodate a good portion of the required parking spaces; however
the parking areas will need to be striped in order for additional spaces to be added and more
orderly parking to take place. The applicant has made the parking lot modifications that were
requested at the September 2009 meeting. The Planning Department requires the following
amendment to the site plan as a condition of approval: Curb stops or rolled curbing is required
for all parking spaces adjacent to Edgewater Street. The Engineering Department has the
following conditions of approval: a) No work is to be done in the public right-of-way, such as
drive approaches or sidewalks, and b) Any dredged/excavated materials must be stockpiled and
protected against erosion, per the required permit from Muskegon County DPW. The Fire
Department has following conditions of approval: a) Fire protection required per International
Fire Code 2006 Edition, Section 905.3.7 and NFPA 303 Standards, b) Shop drawings shall be
Planning Commission Minutes – 7/15/10 4
submitted to the Fire Marshall and Building Inspections Department for approval, and c) Fire
protection contractor for this project shall contact the local Fire Marshall. The City’s
Department of Public Works has no outstanding issues with this site plan. Staff has received no
other comments regarding this request and recommends approval of the additional parking,
subject to the conditions listed.
B. Mazade disclosed that he was a member of the Muskegon Yacht Club, and excused himself
from participating and voting in this case. Board members and staff discussed the DEQ permit
that was presented by the applicant, and whether it was valid, since there was no date or
signature on it. P. Lundwall stated that he received the permit from the DEQ as is, in March of
this year. Staff and board members discussed the parking shown on the site plan, and the
proposed changes. P. Lundwall described the Yacht Club’s proposed improvements. He stated
that they had incorporated all staff recommendations from September’s meeting into their
revised plans, and they were in compliance with City ordinances. C. Brady lived in the area and
was opposed to the request. She provided background information on the case, including DEQ
permitting, and outlined her objections. She also stated that she disagreed with the way the
parking calculations were done. L. Spataro asked why she would be opposed to reconfiguring
the parking lot to make room for additional spaces, when it would improve the vehicle
congestion in the area. C. Brady stated that the Yacht Club’s DEQ permit approval was subject
to Planning Commission approval of this case. L. Spataro stated that the DEQ permit had no
bearing on this case or vice versa, as this case was regarding parking only. M. Kantor stated that
he was in favor of the request. S. Schiller stated that he was opposed to the request.
A motion that the site plan for additional parking and reconfiguration of the current parking lots
for property located at 3198 Edgewater Street for Phillip Lundwall, Muskegon Yacht Club, be
approved, with the conditions that 1) All conditions of the Planning Department listed in #5 of
the staff report are met, 2) All conditions of the Engineering Department listed in #6 of the staff
report are met, and 3) All conditions of the Fire Department listed in #8 of the staff report are
met, was made by L. Spataro, supported by T. Harryman and approved, with S. Warmington and
B. Larson voting nay. In addition, Planning Commission members wanted to make it clear that
the Planning Commission’s decision on this case is not to be construed as an endorsement of, or
an opposition to, the Muskegon Yacht Club’s pending request to the DEQ regarding additional
boat slips and/or dock space. The Planning Commission is completely neutral on that issue.
OTHER
None
There being no further business, the meeting was adjourned at 5:30 p.m.
dml
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