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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
April 10, 2008
Chairman T. Michalski called the meeting to order at 4:03 p.m. and roll was taken.
MEMBERS PRESENT: B. Turnquist, L. Spataro, S. Warmington, T. Michalski, B. Smith,
B. Larson, J. Aslakson, T. Harryman
MEMBERS ABSENT: B. Mazade
STAFF PRESENT: L. Anguilm, D. Leafers
OTHERS PRESENT: T. Anthes, Scholten Fant; B. Betten, Betten Automotive; W.
VandenBosch, Westshore Consulting; B. Moore, 611 W. Clay Ave.
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of March 13, 2008 be approved, was made by B.
Turnquist, supported by B. Larson and unanimously approved.
L. Spataro arrived at 4:04 p.m.
B. Smith arrived at 4:04 p.m.
NEW BUSINESS/PUBLIC HEARINGS
S. Warmington arrived at 4:07 p.m.
Hearing; Case 2008-07: Request for a Special Land Use Permit, per Section 1301 (#1) of Article
XIII of the Zoning Ordinance to allow a full service car dealership at 2477 and 2501 S. Henry Street,
by Ronald A. Bultje and Todd Anthes, Scholten Fant. L. Anguilm presented the staff report. The
property at 2501 S. Henry St. is the former Tom Miller car dealership site, and 2477 S. Henry St. is
the present Robinson Body Shop. The two properties together encompass 10.13 acres, including a
423,116 sq. ft. right-of-way. A site plan was previously approved by the Planning Commission in
June of 2007; however the plans have changed considerably, including the addition of the property to
the north that encompasses Robinson Body Shop. Even thought there is presently a car dealership on
one of these properties, there is no record of a special land use permit. Therefore, since the
dealership is expanding onto another property, and also adding an additional building, it is time to
bring it into compliance. The property is zoned B-4, General Business, as are the properties to the
east. The properties to the north, south, and west are zoned B-2, Convenience and Comparison
Business. The request is to allow for a full service car dealership on the entire parcel. The site and
buildings meet the necessary requirements for a special land use permit in a B-4 zoning district, those
being: a) Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from the
intersection of any two (2) streets, and b) No major repair or major refinishing shall be done on the
lot, such use of land being only permitted in the I-1 or I-2 Industrial Districts. The amount of parking
and paving seems excessive for the site; however, it is believed that the rear area of the site will
Planning Commission Minutes – 4/10/08 1
contain contaminated soil from other areas of the parcel and the asphalt will be used as a cap for the
contamination. The Planning Department requires the following amendments to the site plan as a
condition of approval: a) Provide a legal description of the property, b) Provide a storm water
management plan, including parking area drainage, c) Provide topography elevations at 5-ft.
intervals, d) Include arrows showing direction of existing overland flow of storm water runoff, e)
Show areas provided for snow storage, f) Indicate location, type, height and design of all outdoor
lighting; all lighting fixtures must be 100% cut-off style, g) Indicate location and specs for all
dumpsters and dumpster screening, and h) A landscape plan must be submitted for the entire site.
Please refer to the Zoning Ordinance, Section 2331, “Landscaping, Fencing, Walls, Screens and
Lighting”. The Fire Department has the following conditions of approval: a) Key box shall be
installed for each building, b) Fire flow water supply calculations shall be conducted and results shall
be submitted to the Fire Marshal, c) The number of hydrants required and placement shall comply
with the International Fire Code Appendix B, Table 105.1 and Appendix C; an additional 3 hydrants
are required for this project, d) Post indicating valve shall be installed for sprinkled, fire suppressed
buildings, and e) Underground fire line piping shall be inspected and tested. The Department of
Public Works has the following condition of approval: The existing sanitary sewer as shown on plans
is not correct. Contact Kelly DeFrench, City DPW, 724-4184, for sewer location. The Engineering
Department has the following conditions of approval: a) All easements, existing and proposed, must
be shown on the plans as either existing or proposed; all public utilities must be within an easement
to the City with a width no less than one-on-one, b) all abandoned drives must be removed, and c) All
new drives (proposed) must be approved by Engineering. There were no other comments received
regarding this request, and staff recommends approval subject to the listed conditions.
L. Spataro asked if the inaccurate location of the sanitary sewer on the site plan would affect the
location of the building. L. Anguilm stated that she would have to check with K. DeFrench. T.
Anthes stated that he believed the sanitary sewer would not run under any buildings on the site, and
he had been in contact with the City Engineer regarding that issue. L. Spataro was concerned that the
location of the curb cuts could cause problems with left turns. L. Anguilm stated that the City
Engineer would look that over. L. Spataro was also concerned with the large amount of paved area
and asked if some landscaping could be added to break it up. L. Anguilm stated that she didn’t think
there could be any holes in the pavement, if it was to be used as a cap for contamination. B. Larson
asked which was the proper agency to deal with regarding the contamination. L. Anguilm stated that
it would be the DEQ. T. Anthes stated that they had already been working with the DEQ. B. Larson
asked if permits would be needed due to the large amount of soil being moved, and if the County
drain commissioner had been contacted. T. Anthes stated that they had not applied for permits yet
because construction is still a ways off. W. VandenBosch stated that a soil excavation permit would
be required. J. Aslakson discussed the basin located under the property. T. Anthes stated that their
options were restricted by DEQ requirements regarding the baseline environmental assessment that
was done. The pavement cap was required due to the foundry fill, but they would landscape as much
as they could, while complying with DEQ requirements. J. Aslakson asked what the development
timeline was. T. Anthes stated that the development was part of the Brownfield Plan and had to be
approved by the City and the State, so it was hard to say. B. Larson asked how many employees
were anticipated at the dealerships once the project was complete. T. Anthes stated that it would be
close to 200, with the current number being around 130. B. Turnquist asked about the type of work
to be done during construction. T. Anthes explained which buildings would be demolished and
which would be remodeled. He stated that their construction company had assured them that they
could remain open for business while work was ongoing.
A motion to close the public hearing was made by B. Larson, supported by L. Spataro and
unanimously approved.
Planning Commission Minutes – 4/10/08 2
A motion that the request for Special Land Use Permit, per section 1301 (#1) of Article XIII of the
Zoning Ordinance, to allow for a full service car dealership in a B-4 zoning district at 2501 & 2477 S.
Henry Street, 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 amendments to the site plan required by the Planning Department in #8 of the staff report
be made, 2) a landscaping plan be submitted to and approved by the Planning Department, 3) all
conditions of the Fire Department listed under #9 of the staff report be met, 4) all conditions of the
Department of Public Works listed under #10 if the staff report be met, 5) all conditions of the
Engineering Department listed under #11 of the staff report be met, 6) the owner/applicant shall
permit the zoning administrator or other zoning staff in the premises at reasonable times to review
compliance with this permit, and 7) the Special Land Use Permit affidavit shall be recorded with the
register of deeds prior to occupying the building, was made by L. Spataro, supported by T. Harryman
and unanimously approved.
Hearing; Case 2008-08: Staff-initiated request to amend Section 1301 (Special Land Uses Permitted)
of Article XIII, (B-4, General Business Districts) of the Zoning Ordinance, to add craft shops as a
special land use in a B-4 district. L. Anguilm presented the staff report. The Zoning Ordinance
contains a good definition for a “craft shop”, however there are no business zones that allow craft
shops either as a principal use or as a special use. The only place they are presently allowed is in the
OSR, Open Space Recreation District, and then only with a special land use permit. The subject of
the next case is the former Al Perri building, which has been empty for the past year or two. The
applicant wishes to develop the property into an “art incubator” of sorts, with other uses in the
building as well, such as a small coffee shop and performance stage area, and massage therapy.
While many of the proposed uses are already allowed in a B-4, General Business District, craft shops
are not. Staff’s reasoning behind proposing craft shops as a special land use comes from the
definition itself: “Craft Shop: Any business establishment which produces articles for sale on the
premises of artistic quality or effect, or handmade workmanship. Examples include candle making,
glass blowing, weaving, pottery making, woodworking, sculpting, painting, and other associated
activities.” Some of the examples listed above could contain equipment, such as kilns, welding
equipment, etc., that could be potentially hazardous due to heat, odors, etc., and should be allowed
only with the discretion of the Planning Commission. Therefore, staff recommends that “craft shops”
be allowed as a special land use and be added to the B-4 zoning ordinance language.
A motion to close the public hearing was made by J. Aslakson, supported by B. Turnquist and
unanimously approved.
A motion that the amendment to Section 1302, #12, of Article XIII, B-4, General Business, of the
City of Muskegon Zoning Ordinance to add “craft shops” as a special land use, be recommended to
the City Commission for approval, was made by J. Aslakson, supported by B. Larson and
unanimously approved.
Hearing; Case 2008-09: Request for a Special Land Use Permit, per Section 1301 (#12) of Article
XIII (B-4, General Business Districts) of the Zoning Ordinance to allow an art center in a B-4 district
at 794 Pine Street by Michael Schaafsma, Aenias, LLC. L. Anguilm presented the staff report. This
building is the former Al Perri furniture store that operated in the building since the early 1970s, but
closed a couple of years ago. The property is zoned B-4, General Business, as are properties to the
west, north, and east. To the south, the zoning is B-3, Central Business. The request is to allow for
craft shops in the building, which will house a main gallery and many smaller work spaces for artists.
The plan for the building also includes several spaces for the healing arts, such as massage therapy
Planning Commission Minutes – 4/10/08 3
and nutrition counseling. There is also a coffee shop and performing stage included in the plans, and
a possible recording studio. These uses are all allowed within the B-4 zoning district. The applicant
plans to purchase the vacant lot located on the corner of Spring and Clay to develop into a parking lot
that will accommodate a majority of the required parking. A small parking lot will be developed at
the rear of the building and will accommodate a small number of cars. Since the building is located
in the Downtown Overlay Parking Zone, the remainder of the parking can be accommodated on the
street. The Planning Department requires the following site plan amendments as conditions of
approval: a) The correct zoning for the property is B-4, not B-2; surrounding zoning to the north is
also B-4 and across Pine Street is B-3, b) Include the addresses of the two parcels, c) Include area
reference points for adjacent properties (drives, structures within 100 ft.), d) Show specifications of
dumpster and other outdoor equipment screening, e) The landscaping plan needs tweaking; there are
not descriptions of trees or shrubs to be used. Work with the Zoning Administrator to get adequate
canopy trees, evergreen/understory trees and shrubs included on the site, and f) Applicant will need
to apply for a sign permit for any signs on the site. The Engineering Department has the following
conditions of approval: a) The City will be reconstructing Pine Street from April 2008 until the end of
June. Any proposed work by the owner on/or along Pine must be done so as not to disturb new work,
b) All abandoned drives must be removed, curbs re-established, sidewalks and terraces, and c)
Permits from Engineering are required for any work within the right-of-way. There were no other
comments regarding this request, and staff recommends approval.
L. Spataro asked if there was adequate parking for the proposed use, and how many spots the
ordinance required. L. Anguilm stated that there would be adequate parking based on the plans
submitted, and 30% of the required parking could be accommodated on-street. W. Vandenbosch
stated that 81 parking spaces were required off-street. He reviewed the conditions listed in the staff
report and stated that they had already taken care of some, and would comply with the remainder. B.
Turnquist asked for some elaboration on the term “art incubator”. B. Moore provided information on
the building layout and the proposed business activity. She also answered questions about the days
and hours of operation. T. Harryman asked if it was a non-profit or for profit operation. Mr.
Schaafsma stated that it was for profit. L. Spataro asked if the designated loading and unloading area
would take away parking spaces. M. Vandenbosch stated that it would not be a loading-only area, so
it would still be available for parking. B. Turnquist asked if there were any plans for exterior
renovations. Mr. Schaafsma stated that they would open “as is”, with renovations done at a later
time. T. Michalski asked if the building would be handicap-accessible. Mr. Schaafsma stated that it
would be, although they were having some problems with the elevator so he wasn’t sure about the
third floor yet.
D. Lohman owned a nearby business and was concerned about parking, because there was not much
room on the street. K. Appelt owned a nearby parking lot and was concerned about unauthorized
parking in his lot. Board members offered suggestions on what could be done in both situations. L.
Spataro stated that there had previously been a retail business there for many years which utilized on-
street parking. This proposal would create 60 additional spaces where there had been none. B.
Moore spoke on behalf of Clay Avenue Cellars, stating that they fully supported this request. She
stated that many small businesses in the downtown area were working together to draw customers
downtown. B. Turnquist asked if they had thought about putting in a rear entrance that was close to
the parking lot. Mr. Schaafsma stated that they had considered it. He stated that they would ask their
tenants to park in the rear of the building rather than on the street.
A motion to close the public hearing was made by J. Aslakson, supported by B. Smith and
unanimously approved.
Planning Commission Minutes – 4/10/08 4
L. Spataro asked what the time frame was for them to be open for business, and how many
employees or vendors would be on site. Mr. Schaafsma estimated that there would be 30-40 vendors
when they were up to capacity. They have had several inquiries already, and are hoping to open in
the fall. J. Aslakson asked if the applicant would have to show proof that they purchased the lot as
required in #3 of the staff report, before the SUP would be granted. L. Anguilm stated that they
would. J. Aslakson asked what the approval process was, as far as kilns and other similar equipment.
L. Anguilm stated that it would be up to the Building and Fire Inspectors.
A motion that the request for Special Land Use Permit, per section 1301 (#12) of Article XIII of the
Zoning Ordinance, to allow for craft shops in a B-4 zoning district at 794 Pine Street, by Michael
Schaafsma, Aenias, LLC, 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, with the conditions that 1)
The amendment to the zoning ordinance allowing craft shops as a special land use in a B-4 zoning
district be approved by City Commission, 2) The condition listed by the Planning Department in #5
of the staff report be met, 3) The property at the corner of Pine and Clay is purchased by the applicant
and developed into a parking lot, as shown in the approved site plan, 4) The owner/applicant shall
permit the zoning administrator or other zoning staff in the premises at reasonable times to review
compliance with this permit, and 5) The Special Land Use Permit affidavit shall be recorded with the
register of deeds prior to occupying the building, was made by T. Harryman, supported by B. Smith
and unanimously approved.
NEW BUSINESS
None
OLD BUSINESS
None
OTHER
B. Larson discussed the correspondence from the City Attorney regarding the lawsuit filed against the
City by Celebration Community Church. L. Anguilm stated that Risk Management would also be
reviewing it. Several board members discussed their reasons for denying the SUP, and concurred that
the removal of the property from the tax rolls was not a deciding factor in their vote to deny it.
There being no further business, the meeting was adjourned at 5:15 p.m.
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Planning Commission Minutes – 4/10/08 5
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