View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
December 15, 2011
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, B. Larson, W. Parker, B. Turnquist, J. Doyle, B.
Mazade, L. Spataro, B. Smith
MEMBERS ABSENT: S. Warmington, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: M. Laszar, 43 W Laketon Ave.; ADAC Plastics representatives
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of November 10, 2011 be approved was made
B. Larson, supported by J. Doyle and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2011-18: Request for a special land use permit, per section 1301 of Article XIII
of the Zoning Ordinance, to allow for automobile sales in a B-4, General Business District at 43
W. Laketon Ave, by Anytime Auto. M. Franzak presented the staff report. The parcel at 43 W.
Laketon Ave is roughly 24,393 square feet, with the building on this property being roughly
2,100 square feet. Auto sales must be located in a B-4, General Business District and receive a
Special Use Permit from the Planning Commission. The zoning of this parcel is B-4, General
Business District, as are the properties to the north, east, south and west. There is adequate
customer parking for this type of use, and the property meets the zoning requirement that states
ingress and egress to the outdoor sales are shall be at least 60 feet from any intersection of any
two streets. The curb cut on Laketon Avenue is roughly 70 feet from Sanford Street. The
northernmost curb cut on Sanford Street is roughly 90 feet from Laketon Avenue. A site plan
was provided with the staff report.
M. Franzak corrected the total square footage for the building. He said it shouldn’t change the
parking requirements. M. Laszar stated that he has had a license since 1976 and has a low-key
operation. He needed a location for his license. B. Turnquist asked what the hours of operation
would be. M. Laszar stated that he planned on about 30 hours per week. He stated that the lot
was lighted, but he didn’t intend to be open in the evenings. He stated he would only have a few
cars.
L. Spataro arrived at 4:05 p.m.
B. Turnquist asked if he had any other car lots in the City. M. Laszar stated that he did not. T.
Michalski asked what the plans for the building were. M. Laszar stated that he would use it as an
office, for sales, and possibly some storage. B. Turnquist asked if they would be doing auto
Planning Commission Minutes – 12/15/11 1
repair there. M. Laszar stated that he would be doing no major repairs. J. Doyle asked if any of
the landscaping would be removed. M. Laszar stated that it would not.
A motion to close the public hearing was made by B. Larson, supported by L. Spataro and
unanimously approved.
A motion that the special land use permit, per Section 1301 of Article XIII of the Zoning
Ordinance, to allow sales space for the sale of automobiles in a B-4, General Business District at
43 W Laketon Ave, by Anytime Auto 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 signage requires a permit and must comply with the
zoning ordinance, 2) The owner shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit, 3) The Special Land Use
permit document shall be recorded with the register of deeds prior to establishment of the use,
and 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 condition 1 – 3, was made by
B. Larson, supported by B. Smith and unanimously approved.
Hearing, Case 2011-19: Staff-initiated request to amend Section 1100 of Article XI of the
Zoning Ordinance to allow secondhand merchandise stores as a Principal Use permitted in B-2,
Convenience and Comparison Business Districts. M. Franzak presented the staff report. Stores
selling secondhand merchandise are currently only allowed as a principal use in B-4, General
Business Districts. These stores are allowed with a special use permit in B-2, Convenience and
Comparison Business Districts, but they have to be associated with a bona-fide charitable
organization such as, but not limited to, 501(c)3 organizations. Stores selling second hand
merchandise were previously allowed in B-2, Convenience and Comparison Business Districts
prior to December of 2001, when the ordinance was amended to its current language on the
subject. The concern at that time was that there were too many pawn shops opening up. Since
that amendment to the zoning ordinance, many businesses have been told that they cannot locate
in B-2 Districts because they sell some secondhand merchandise. There have also been times
when staff has had to amend the zoning ordinance to allow certain stores to locate in B-2
Districts. For instance, in 2010 the zoning ordinance was amended to allow “Vintage Shops” so
that the vintage-goods store Continuity could locate on 3rd St. This would not have been
necessary had secondhand merchandise been allowed in B-2 districts. The zoning ordinance
does not only limit B-2 districts from having a store that specializes in all secondhand
merchandise, it also limits stores from selling any secondhand merchandise. Since the
amendment in 2001, many secondhand stores have opened up in B-2 districts without staff being
aware of it. In most cases, these stores have simply gone out of business after a time. In other
cases, the businesses have gone on to become successful additions to the business corridor (i.e.
The Brown Bag Boutique is a successful clothing store that opened on 3rd St in 2010, selling
new and used clothing). Staff feels that with the popularity of eBay, craigslist and other online
merchandising stores, new pawn shops are less likely to open than ever before.
B. Smith asked how staff thought this would help the issue of businesses opening without staff’s
knowledge. M. Franzak stated that the City had better processes in place for checking on new
businesses now. B. Turnquist stated that he was opposed to the amendment, and was in favor of
the oversight provided by the special use permit process for these kinds of businesses. L.
Spataro stated that unless it was a regulated business, such as alcohol sales, he did not see a
reason for the special use permit requirement. He did not want to cause unnecessary delays for
businesses.
Planning Commission Minutes – 12/15/11 2
B. Mazade arrived at 4:15 p.m.
B. Larson stated that he was in favor of the amendment because it would make things easier for
new businesses. J. Doyle asked if the requirement of being associated with a charitable
organization was for both B-2 and B-4 zoning districts. M. Franzak stated that it was only for B-
2 districts. T. Michalski stated that he was in favor of the ordinance amendment, and that
secondhand merchandise stores were a booming business in this economy. B. Turnquist stated
that the board should have oversight of this type of business as currently provided for in the
ordinance. J. Doyle stated that if it was a bad business, the market would flush that out.
A motion to close the public hearing was made by B. Smith, supported by B. Larson and
unanimously approved.
A motion that the proposed amendment to Section 1100 of Article XI, of the City of Muskegon
Zoning Ordinance, be recommended to the City Commission for approval, was made by B.
Smith, supported by B. Larson and approved, with B. Turnquist voting nay. B. Mazade
abstained from voting since he was not present for the entire discussion.
Hearing, Case 2011-20: Staff-initiated request to amend Section 1101 of Article XI of the
Zoning Ordinance to remove secondhand merchandise stores, vintage shops and antique shops
as special land uses permitted in B-2, Convenience and Comparison Business Districts. This
amendment would clean up the zoning ordinance langue should case 2011-19 be approved. If
case 2011-19 is approved, there would be no need to allow secondhand merchandise stores,
vintage shops and antique shops as special uses in B-2 Convenience and Comparison Business
Districts because they would be allowed as principal uses.
A motion to close the public hearing was made by L. Spataro, supported by B. Larson and
unanimously approved.
A motion that the proposed amendment to Section 1101 of Article XI of the City of Muskegon
Zoning Ordinance be recommended to the City Commission for approval, was made by L.
Spataro, supported by J. Doyle and approved, with B. Turnquist voting nay. B. Mazade
abstained from voting since he was not present for the entire discussion.
Case 2011-21: Request for a site plan review for a 71,232 square-foot addition for the property at
1801 East Keating Avenue, by ADAC Plastics. M. Franzak presented the staff report. The
subject property is located in an I-2, General Industrial zoning district. The parcel at 1801 E.
Keating has recently been combined with the parcel directly to the south, and the total size of the
new combined parcel is 15.02 acres. The size of the current building is 200,617 square feet, and
the proposed addition measures 71,232 square feet. The plan also proposes the addition of 10
canopy trees, which will meet the landscaping requirements. There are currently 307 parking
spaces on site. The plan calls for the removal of 110 spaces and the addition of 41 spaces, for a
new total of 238 parking spaces. There will be a total of 523 employees scattered over 3 shifts at
this facility. The zoning ordinance requires one space for every two employees, which would
call for a total of 262 spaces. This would mean there is a shortage of 24 parking spaces.
However, staff feels that there will not be any parking issues since the employees will be
scattered over three shifts (1st shift = 215 employees, 2nd shift= 118 employees, 3rd shift= 60
employees). The site plan also shows where an additional 58 parking spaces could be placed if
needed. The Fire Department lists the following conditions of approval: a) Fire flow test shall be
conducted, and 2) Hydrants shall be installed and comply with IFC 2009 edition appendix B and
Planning Commission Minutes – 12/15/11 3
C; and 3) Submit building construction requirements (type of build shall be submitted to assist in
determining how many hydrants are required). The Engineering and Public Works Departments
have no outstanding issues with this site plan. Staff recommends approval of the site plan for the
building at 1801 E Keating Ave, subject to the conditions listed in the staff report.
B. Larson asked if the applicant was aware of the Fire Department’s conditions. They stated that
they were. L. Spataro stated that he was glad to see the flexibility on the parking requirements,
since the business had different shifts.
A motion that the site plan for the property located at 1801 East Keating Avenue for ADAC
Plastics be approved, with the conditions that 1) Fire flow test shall be conducted, 2) Hydrants
shall be installed and comply with IFC 2009 edition appendix B and C, and 3) Submit building
construction requirements (type of building shall be submitted to assist in determining how many
hydrants are required), was made by B. Mazade, supported by J. Doyle and unanimously
approved.
Case 2011-22: Request for a site plan review for a 45,000 square-foot addition to the property at
1500 East Sherman Boulevard, by Mercy Health Partners. M. Franzak presented the staff report.
The parcel at 1500 E. Sherman Blvd is 35.04 acres located in an MC, Medical Care zoning
district. The proposed addition measures 45,000 square feet between two floors. There are
currently 144 parking spaces on this side of the building, and the parking lot will be reconfigured
to add an additional 31 spaces. This is an adequate amount for the building addition. The Fire,
Public Works, and Engineering Departments have no outstanding issues with this site plan, and
staff recommends approval.
M. Franzak corrected the square footage calculations for the different floors.
A motion that the site plan for the property located at 1500 E Sherman Blvd. for Mercy Health
Partners be approved, was made by B. Turnquist, supported by B. Larson and unanimously
approved.
OLD BUSINESS
M. Franzak updated the board on the status of M. David’s car lot on Laketon Avenue near Getty.
OTHER
L. Spataro discussed the possibility of using of “contract zoning” for certain projects in the
future, and explained what that was.
There being no further business, the meeting was adjourned at 4:30 p.m.
Planning Commission Minutes – 12/15/11 4
Sign up for City of Muskegon Emails