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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
May 11, 2006
Vice Chairman T. Michalski called the meeting to order at 4:04 p.m. and roll was taken.
MEMBERS PRESENT: T. Harryman, L. Spataro, B. Larson, B. Turnquist, S. Warmington,
B. Smith, B. Mazade, T. Michalski
MEMBERS ABSENT: J. Aslakson
STAFF PRESENT: L. Anguilm, D. Leafers
OTHERS PRESENT: S. Andrews, Mandala LLC, W. Bloomfield MI; A. Jones, 1269 James
APPROVAL OF MINUTES
A motion to approve the minutes of the regular meeting of March 9, 2006 was made by T.
Harryman, supported by A. Brown and unanimously approved.
PUBLIC HEARINGS
Hearing; Case 2006-11: Staff-initiated request to dissolve the Special Use Permit previously
granted to Debbie Erickson for a taxi/limousine service at 135 Ottawa Street. L. Anguilm presented
the staff report. In May of 2004, the Planning Commission approved a special use permit for a
taxi/limousine service at 135 Ottawa Street (pictures and a site map are included with the following
case). Since that time none of the requirements for the permit have been met and a new owner has
purchased the property with other plans in mind for the building. Typically we allow 6-12 months
for compliance with any conditions of a special use permit and since two years has elapsed, this
special use permit needs to be dissolved so future development can take place on the site. Staff
recommends approval of the request.
B. Larson asked if the former applicant was notified of this request. L. Anguilm stated that the
property owner was notified.
A motion to close the public hearing was made by B. Turnquist, supported by B. Smith and
unanimously approved.
A motion that the special use permit previously granted to Debbie Erickson (Ambu Care) for a
taxi/limousine service at 135 Ottawa Street be dissolved, based on the lack of compliance with any
of the requirements for the special use permit within the time allowed, was made by T. Harryman,
supported by B. Larson and unanimously approved.
Hearing; Case 2006-12: Request for a special land use permit, per section 1301 (1.) of Article
XIII, of the zoning ordinance, to allow a used car dealership in a B-4, General Business zoning
Planning Commission Minutes – 05/11/06 1
district at 135 Ottawa Street, by Mike Welmerink. L. Anguilm stated that the applicant had
withdrawn this request.
Hearing; Case 2006-13: Request to amend Section 2321, Article XXIII (General Provisions) of
the Zoning Ordinance to amend the “Overlay District Established for Wireless Communication
Support Facilities”, by Sherri Andrews, Mandala, LLC. L. Anguilm presented the staff report. A
request has been received from Sherri Andrews, Mandala, LLC representing Verizon Wireless to
amend the zoning ordinance to change one of the established wireless communication support
facilities. This section of the ordinance was adopted in 1997 to provide for “appropriate areas for
the siting of wireless communication antenna, support facilities and equipment shelters in
recognition of the public need and demand for advanced telecommunication and information
technologies and services balanced against the impacts such facilities may have on properties within
the City.” At that time, the overlay zones were established which created four sites. One of the
sites is the City Department of Public Works building at 1350 E. Keating. The other three sites are
Pulaski Lodge, 871 Pulaski Avenue, City property near the terminus of Yuba Street, and a portion
of the Muskegon Community College campus. Recently Verizon has been looking for a site for a
new tower and approached the City regarding locating on the DPW site. The Director of Public
Works has concerns with the site for a large tower of this type (see enclosed memo from the
Director). He feels the site is too small and would restrict the best usage of DPW’s property. The
proposed new site at 2301 Harvey Street is located very close to the present DPW site and would
serve the same area for which Verizon Wireless is attempting to improve their coverage. The
proposed site is also the location of several other utilities, including large Consumer’s Energy
towers, which already have at least one cellular antenna located on them. There would be no impact
on any residential properties, since none are located in this area. Staff has received no comments
regarding this case.
S. Andrews stated that DPW Director B. Kuhn had suggested the reservoir location instead of the
Public Works property. T. Michalski asked if she was satisfied with the reservoir location. S.
Andrews stated that she was. A. Jones asked if the purpose of the tower was to get a better cellular
signal. T. Michalski stated that that was correct. A. Jones asked how much it would cost. T.
Michalski stated that there was no cost to the City, and the City would actually receive income from
rent.
A motion to close the public hearing was made by L. Spataro, supported by T. Harryman and
unanimously approved.
A motion that the amendment to Section 2321 (#2), of Article XXIII (General Provisions), of the
Zoning Ordinance regarding overlay districts for wireless communications services be
recommended to the City Commission for approval, was made by L. Spataro, supported by T.
Harryman and unanimously approved.
Hearing; Case 2006-14: Staff-initiated request to rezone the properties at 1561, 1567, 1575, 1587,
1593, 1597, 1603 Peck Street, and 28 W. Forest Avenue from RM-1, Low Density Multiple-Family
Residential District, to R-1, One Family Residential District. L. Anguilm presented the staff report.
The properties in question are located on Peck Street in an area presently the focus of the latest
Blight Fight effort by the City of Muskegon. The area is referred to as “Area 13” and included the
lots previously rezoned on Terrace Street at the March City Commission meeting. Of the eight
houses included in this request, all except 1575 Peck appear to be single family homes. The
property at 1575 Peck is two-unit residential use. Properties to the east and south are RM-1. The
Planning Commission Minutes – 05/11/06 2
properties to the north and west are zoned R-1. The 1997 Master Land Use Plan, in reference to this
sub-area, states: “Maintain the sub-area’s residential focus”. The Master Plan’s Future Land Use
Map shows this area as residential. Randy Maki, owner of 1533 Peck, stopped in to the office to
say he was very happy about the rezoning of this block. No other comments were received. Staff
recommends approval of the request to rezone the subject properties from RM-1 to R-1 because the
request conforms to the goals and recommendation of the City’s 1997 Master Plan.
T. Harryman asked if 1561 was currently a single family home. L. Anguilm believed that it was,
based on a survey done by staff. B. Turnquist asked if a two-unit would be able to continue that use
if the property were rezoned. L. Anguilm stated that it could continue as a legal non-conforming
use as long as it was not vacant over two years.
A motion to close the public hearing was made by L. Spataro, supported by S. Warmington and
unanimously approved.
A motion that the request to rezone the property located at 1561, 1567, 1575, 1587, 1593, 1597, and
1603 Peck Street and 28 W. Forest Avenue from RM-1, Low Density Multiple-Family Residential
district to R-1, One Family Residential district as described in the public notice, be recommended
for approval to the City Commission, was made by B. Larson, supported by T. Harryman and
unanimously approved.
Hearing; Case 2006-15: Staff-initiated request to dissolve the Special Use Permit previously
granted to the Ambassadors Church at 2330 Barclay Street (Former Moose Lodge). L. Anguilm
presented the staff report. In July 2004, a Special Use Permit was issued to Christopher Sanford
from the Ambassadors Church, to operate a church on the property. One condition of the Special
Use Permit was the purchase of the property by the church. That sale did not happen, and the
building is now empty. Staff feels that since the conditions have not been met in nearly two years
that the Special Use Permit should be dissolved. This action will leave the property free of
encumbrances for future development. Staff recommends approval of the request to dissolve the
Special Use Permit for 2330 Barclay Street. The property owner, Richard Messier, contacted staff
to say he was in favor of the request. S. Simpson of 2344 Vincent was also in favor of the request.
B. Larson asked if this property was rezoned several years ago. L. Anguilm stated that it was. B.
Larson stated that it was his understanding that after two years the property was no longer
grandfathered. He asked if the property owner was aware of that. L. Anguilm stated that they were
aware of it and that they were still within the two-year time frame. S. Warmington asked when the
two years were up. L. Anguilm stated that it would be in January of 2007. S. Warmington asked
what would have to happen before that time in order to preserve the legal non-conforming status. L.
Anguilm stated that the new enterprise would have to be operating. L. Spataro asked if the building
could be used for commercial purposes with a Special Use Permit if this sale fell through and the
two-year time period expired. L. Anguilm didn’t think that would be allowed under the R-1 zoning.
L. Spataro asked if it would be considered a legacy commercial building. L. Anguilm stated that
she would have to look into that.
A motion to close the public hearing was made by S. Warmington, supported by L. Spataro and
unanimously approved.
A motion that the Special Use Permit issued to Christopher Sanford of Ambassadors Church for
2330 Barclay Street be dissolved based on the fact that they have not complied with any of the
Planning Commission Minutes – 05/11/06 3
requirements for the special use permit within the time allowed, was made by S. Warmington,
supported by L. Spataro and unanimously approved.
NEW BUSINESS
None
OTHER
Non-conforming use ordinance language L. Anguilm stated that the City Commission had
approved the new non-conforming use ordinance language, but that Commissioner Davis still had
some concerns. She provided board members with a memo addressing his comments.
There being no further business, the meeting was adjourned at 4:23 p.m.
05/11/06
dml
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