Planning Commission Minutes 08-11-2022

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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES


August 11, 2022
J. Doyle called the meeting to order at 4:00 p.m. and roll was taken.

MEMBERS PRESENT:                L. Spataro, L. Mikesell, J. Doyle, J. Montgomery-Keast, E. Hood (left at
                                5pm), D. Keener, B. Mazade

MEMBERS ABSENT:                 T. Michalski, K. Johnson

STAFF PRESENT:                  M. Franzak, S. Pulos

OTHERS PRESENT:                 None

APPROVAL OF MINUTES
A motion to approve the Minutes of the Regular Planning Commission meeting on July 14, 2022 was
made by J. Montgomery-Keast, supported by L. Mikesell, and unanimously approved.

OLD BUSINESS


Case 2022-19:

Request for special use permit to operate a class B marihuana grow facility at 165 S Getty St.

The applicant was not in attendance and this case was tabled.



PUBLIC HEARINGS
Hearing, Case 2022-20:

Request for a special use permit to allow the Boys and Girls Club of the Muskegon Lakeshore to
temporarily locate at 1128 Roberts St while their new facility is being renovated, by Fresh Coast Alliance.

SUMMARY

    1. The property is zoned R-1, Low Density Single Family Residential.
    2. The lot measures 2.3 acres and has an existing 15,500 sf building.
    3. Earlier this year, the applicant was approved for a special use permit at this address to allow a
       facility for recovery and support services for mental health and substance abuse.
    4. The applicant is now requesting to temporarily allow the Boys and Girls Club of the Muskegon
       Lakeshore to operate in the same facility. The new Boys and Girls Club facility at 900 W Western
       Ave is being remodeled and is anticipated to be complete by May of 2023.
    5. Notice was sent to all properties within 300 feet. At the time of this writing, staff had not received
       any comments from the public.

STAFF RECOMMENDATION

Staff recommends approval of the special use permit.

PUBLIC COMMENTS

Cindy Lockhart, 1080 Green: She stated that she did not get notice from the Planning Department, but
rather she did receive a letter from Fresh Coast. She stated that she feels that everything is being done
behind people’s back and that it doesn’t make sense to have two conflicting services in the same
building. She also shared that she has seen one person that was going through the program smoking pot
in the alley behind the business.

Marg Switzer: She is the Fitness Director, the average age is 52-60 years. She stated the program is a
very quiet one, and that there are studies to support fitness activities support sobriety and health. She
plans to use Fresh Coast’s small gym for the program.

CLOSE PUBLIC HEARING – MOTION

A motion to close the public hearing was made by J. Montgomery-Keast, supported by L. Spataro and
unanimously approved.

MOTION

J. Montgomery-Keast moved, seconded by L. Mikesell, that the request for a special use permit to operate
the Boys and Girls Club of the Muskegon Lakeshore at 1128 Roberts St be approved.

ROLL CALL VOTE

L. Spataro: Yes          L. Mikesell: Yes                 B. Mazade: Yes
E. Hood: Yes             J. Doyle: Yes                    J. Montgomery-Keast: Yes
MOTION PASSES


Hearing, Case 2022-21:

Request for preliminary and final Planned Unit Development approval for a micro-lodging development
at 2033 and 2043 Lakeshore Dr.

SUMMARY



    1. The properties are zoned FBC-Lakeshore Commercial (2033 Lakeshore Dr) and FBC-Lakeshore
       Mixed Residential (2043 Lakeshore Dr). Both lots measure 60’x 120’ for a total land area of 7,200
       sqft. The property at 2033 Lakeshore Dr is currently vacant and the property at 2043 Lakeshore
       Dr contains a rental house, which will remain.
    2. Please see the enclosed site plan.
    3. The project includes the addition of 10 micro-lodging units and a storage shed. The lodging units
       measure 212 sqft and the shed measures 240 sqft. The lodging units will be constructed off site
       and then be brought on site, where they will be hooked up to electric, water and sewer. They will
       be placed on site in site in phases and it is anticipated that all 10 units will be located on site within
       18 months.
    4. There are no proposed parking spaces on site. The applicant has an agreement with Ghezzi’s
       Market to utilize the extra parking spaces behind their building. It should also be noted that on-
       street parking is not required within the form based code district. There is an existing curb cut at
       2033 Lakeshore Dr that will be replaced with new curbing.
    5. A trash enclosure will be placed off the alley next to the shed.
    6. A landscaping plan was not submitted but the applicant has agreed to place canopy trees in the
       terrace along Moon St. The ground cover will be grass with walking paths.
    7. Notice was sent to all properties within 300 feet. At the time of this writing, staff had received
       one comment from the public. Please see the enclosed letter from Ellen Davis.

STAFF RECOMMENDATION

Staff recommends approval of the PUD with the following condition:

    1. A landscaping plan be submitted to staff that depicts at least five canopy trees along the terrace
       on Moon St.
    2. The applicant is allowed up to 18 months to move all micro-lodging units on site, upon which the
       curb cut on Lakeshore Dr is removed and replaced with new curbing.

PUBLIC COMMENTS

Ratan Khatri, 1167 Peck: He stated that he supports the proposal as a landlord, and that this concept
may be needed in the future due to housing rental crisis.

Rachel Mutton, 2055 Lakeshore: She stated that she is not against it, but that the proposed lot doesn’t
have enough common areas to hang out. People visiting will have coolers etc and that there will not be
enough room there to accommodate that. She said that she thinks making it pet friendly is not a good
idea. She stated that she manages over 100 rental properties and it is her experience that if a staff
person is not on site, there will be problems. She also stated that because there is only 2-hour parking
surrounding the area, there will be a problem and that no one is going to want to carry all their
belonging across the street via the crosswalk area. There needs to be a loading zone. She stated that she
is not against it, but it is her opinion that it is too high density for the PUD. She also stated that she
attempted to check all regulations, trying to make sure that this project complied and that she couldn’t
find anything. She also said that this space doesn’t have the same ambience as the Portland site.

CLOSE PUBLIC HEARING – MOTION

A motion to close the public hearing was made by L. Spataro, supported by J. Montgomery-Keast and
unanimously approved.

MOTION

J. Montgomery-Keast moved, seconded by L. Mikesell, that the request for preliminary and final Planned
Unit Development approval for a micro-lodging development at 2033 and 2043 Lakeshore Dr be
recommended to the City Commission for approval with the following conditions:

   1. A landscaping plan be submitted to staff that depicts at least five canopy trees along the terrace
      on Moon St.
   2. The applicant is allowed up to 18 months to move all micro-lodging units on site, upon which the
      curb cut on Lakeshore Dr is removed and replaced with new curbing.
   3. Fencing to be put starting behind the home at 2043 Lakeshore Dr, back to the alley, and then
      along the alley.


ROLL CALL VOTE

L. Spataro: Yes                 L. Mikesell: Yes                 B. Mazade: Yes
E. Hood: Left at 5pm            J. Doyle: Yes                    J. Montgomery-Keast: Yes
MOTION PASSES

Hearing, Case 2022-22:

Staff-initiated request to amend section 2319 of the zoning ordinance to reduce the minimum size
requirements for single-family houses, rowhomes, duplexes and small multiplexes (up to 6 units) from
850 sf of living area to 550 sf (total) and to also change the minimum size requirements for large
multiplexes (6 units and above) and mixed-use buildings from 650 sf of living area to 375 sf (total).

SUMMARY

   1. In an effort to address housing affordability and to provide residents with a wide range of
      housing choices, staff is proposing to reduce the minimum housing size requirements listed in
      the Residential Design Criteria section of the zoning ordinance.
   2. Currently, single-family houses and duplexes are required to have a minimum living area
      (excluding all basement area) of 850 sqft for a one-bedroom dwelling. For each bedroom
      thereafter, an additional 100 sqft of living space is required.
   3. Living area is defined in the zoning ordinance as the area in a dwelling unit included in the
      determination of occupancy restrictions. It includes the sum of floor areas of bedrooms, and
      common living areas. The floor area of storage areas and closet, basements without a second
      egress, attached garages, breezeways, and enclosed and unenclosed porches shall be excluded.
   4. Staff is proposing to reduce the minimum size of single-family houses, rowhomes, duplexes and
      small multiplexes (up to 6 units) to 550 sqft total (excluding all basement area) per unit, measured
      by the outside dimensions of the building, not by using the “living area” definition in the zoning
      ordinance. There would also be a stipulation that structures under the current minimum size of
      850 sqft, which are to be placed on large lots, must be placed on the property in a way as to leave
      room for a potential lot split, if the property is large enough to split under its zoning designation
      regulations.
   5. Staff is proposing to reduce the minimum size of apartment units in large multiplexes (6 units and
      above) and mixed-use buildings from 650 sqft of living space to 375 sqft total. The current size
      requirements are too large for developers to be able to provide traditional studio apartments.
   6. Staff is only proposing the reduction in these minimum size requirements and to keep the rest of
      the residential design criteria section the same.
PUBLIC COMMENTS

None.

CLOSE PUBLIC HEARING – MOTION

A motion to close the public hearing was made by B. Mazade, supported by J. Montgomery-Keast and
unanimously approved.

MOTION

J. Montgomery-Keast moved, seconded by L. Spataro, that the request to amend section 2319 of the
zoning ordinance to reduce the minimum size requirements for one- and two-family dwelling units from
850 sf of living area to 550 sf (total) and to also change the minimum size requirements for more than two
(amended by J. Montgomery-Keast to six units) dwelling units (multi-family) from 650 sf of living area to
375 sf (total) be recommended for approval, with the provision that existing houses cannot be subdivided.


ROLL CALL VOTE

L. Spataro: No                   L. Mikesell: Yes                 B. Mazade: No
E. Hood: Left at 5pm             J. Doyle: No                     J. Montgomery-Keast: Yes
MOTION DOES NOT PASSES

Hearing, Case 2022-23:

Staff-initiated request to rezone the properties at 2043, 2051, 2065 and 2075 Dowd St from R-3, High
Density Single Family Residential to Form Based Code, Urban Residential.


SUMMARY

    1. The City owns the vacant lots at 2043, 2051, 2065 and 2075 Dowd, which are currently zoned R-
       3, High Density Single Family Residential.
    2. The lots each measure 61.8” x 75” and are located behind Campbell Playground.
    3. The FBC-UR designation would allow for single-family houses, rowhouses, duplexes, and small
       multiplexes (3-4 units). The city is currently working with a developer that would like to construct
       duplexes on site.
    4. These properties are located about 600 feet north of the duplexes currently being constructed at
       the corner of Hackley/Dowd. Those properties were approved for a rezoning in 2021. There are
       also large apartment complexes located just to the southwest of these parcels.
    5. Notice was sent to all properties within 300 feet. At the time of this writing, staff had not received
       any comments from the public.

PUBLIC COMMENTS

None.
CLOSE PUBLIC HEARING – MOTION

A motion to close the public hearing was made by L. Spataro, supported by L. Mikesell and unanimously
approved.

MOTION

L. Spataro moved, seconded by J. Montgomery-Keast, that the request to rezone the properties at 2043,
2051, 2065 and 2075 Dowd St from R-3, High Density Single Family Residential to Form Based Code,
Urban Residential be recommended to the City Commission for approval.

ROLL CALL VOTE

L. Spataro: Yes                  L. Mikesell: Yes                 B. Mazade: Yes
E. Hood: Left at 5pm             J. Doyle: Yes                    J. Montgomery-Keast: Yes
MOTION PASSES

NEW BUSINESS

Request for a site plan review for a new building at 10,640 sf building at 381 E Laketon Ave by Midwest
V, LLC.

SUMMARY

    1. The property is zoned B-2, Convenience and Comparison Business and measures just under one
       acre in size.
    2. The former Dollar General on site was demolished after a fire in 2021.
    3. The new Dollar General building measures 10,640 sqft and will be better situated on site with
       parking located on the side and rear of the building.
    4. There are 34 parking spaces provided on-site, which meets the zoning ordinance requirements.
    5. The dumpster location is located in the rear of the building and will be screened.
    6. The front setback measures 38 feet and most of it will be used as a stormwater basin.
    7. The landscaping plan goes beyond the zoning ordinance requirements and will add some much-
       needed street trees along Wood St and Smith St. However, there are no canopy trees located
       along Laketon Ave.

STAFF RECOMMENDATION

Staff recommends approval of the site plan with the condition that at least 5 canopy trees be placed along
the Laketon Ave street frontage.

PUBLIC COMMENTS

None.

DISCUSSION

L. Mikesell: Is it possible to have that storm basin back behind so that the whole building can be street
fronted?
M. Franzak: You will need to speak to the developer on that, it is a little bit lengthy, it’s about 38 ft set
off so I believe the developers can speak on that. We were able to eliminate parking in front of that but
it is quite a bit of space.

L. Spataro: I share your concern, the one on Henry Street is very nice except for the moat in front of the
building.

Jason, AR Engineering, 5725 Metro Park Dr, Kalamazoo, MI: To speak to the basin in the front, it is very
shallow, only 2ft deep, actually only one ft deep, with a slow release into the City’s system. We looked at
soils as well, the soils are rather good on site. The intent is that majority of the water will be slow
released into the City system at the allowed rate and the rest will infiltrate. With it being a shallow
basin, with the landscape plan, as requested, we will look to add 5 trees and 5 shrubs along the
frontage. Do to the shallow nature of the basin, we don’t have any concern from a development stand
point. We are really working with the City to meet setbacks requirements and other aspects of
development. Also, there’s an alley along the southern portion that has restrictions on how we
development things on the site. That currently is still an active alley.

L. Mikesell: So are you saying that the storm basin that is currently along Laketon Ave cannot be moved
back behind along the alley so that the building can be right at the street?

Jason, AR Engineering, 5725 Metro Park Dr, Kalamazoo, MI: The building can’t be right at the street the
way the zoning regulations are.

M. Franzak: It’s a 10 ft set-back requirement.

Jason, AR Engineering, 5725 Metro Park Dr, Kalamazoo, MI: And the other thing to the south is that
there is a rather extensive corridor of utilities that routes through the old alley there and that is not an
option.

CLOSE PUBLIC HEARING – MOTION

A motion to close the public hearing was made by L. Spataro, supported by J. Montgomery-Keast and
unanimously approved.

MOTION

L. Spataro, seconded by L. Mikesell, that the site plan for a new building at 10,640 sf building at 381 E
Laketon Ave be approved with the following condition:

    1. The landscaping plan is amended to include the addition of at least five canopy trees along
       Laketon Ave.
ROLL CALL VOTE

L. Spataro: Yes                   L. Mikesell: Yes                  B. Mazade: Yes
E. Hood: Left at 5pm              J. Doyle: Yes                     J. Montgomery-Keast: Yes
MOTION PASSES
UPDATES ON PREVIOUS CASES
None.

OTHER
None.

ADJOURN
There being no further business, the meeting was adjourned at 5:49 pm.

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