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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
August 14, 2008
Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: B. Turnquist, L. Spataro, B. Larson, J. Aslakson, T. Harryman,
B. Mazade, T. Michalski, B. Smith
MEMBERS ABSENT: S. Warmington, excused
STAFF PRESENT: L. Anguilm, D. Leafers
OTHERS PRESENT: R. Pope, Redstone Commercial; T. Tooley, 436 Rosewood, Grand
Rapids; J. Rooks, 5349 Lake Harbor; B. Wegener, Williams & Works;
J. Searer, 113 Emmett, Grand Haven
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of June 12, 2008 be approved, was made by B.
Turnquist, supported by B. Mazade and unanimously approved.
L. Spataro arrived at 4:01 p.m.
PUBLIC HEARINGS
Hearing; Case 2008-17: Request to rezone the front portion of the property located at 1934 E.
Sherman Boulevard from I-2, General Industrial District to B-4, General Business District, by Ross
E. Pope, Redstone Commercial. L. Anguilm presented the staff report. The original parcel at this
location was over 2 acres in size, but has recently been split. It now contains 1.71 acres and a large
industrial building that previously housed DynaTorque, but is now vacant. The applicant is
requesting a rezoning from an I-2, General Industrial zone to B-4 General Business zone. He plans to
rehab the building as a commercial space that will allow Goodwill to expand into the front portion of
the building from across Sundolphin Drive. The rear of the building will be used for storage. The
property to the north will remain zoned I-2. The properties to the east, south and west are zoned B-4,
General Business. The entire parcel was proposed for a rezoning to B-4 in April 2001. The request
was denied by the Planning Commission, and the applicant withdrew the request before it was heard
by the City Commission. At that time, DynaTorque was still operating in the building as an
industrial use and the owners wanted to rezone it for a possible sale in the future, although they had
no plans to move at that time. Rezoning at that point would have made DynaTorque a
nonconforming use. The Future Land Use Map shows this area as “Industrial”, and the property is
part of Port City Industrial Park. The Master Plan is over ten years old and many changes have taken
place along this corridor since its adoption, with this area along Sherman Blvd. turning mostly
commercial over the years. The property has been split, with the remaining 1.04 acres remaining
industrial. Since the April 2001 denial of the rezoning, other properties fronting Sherman Blvd. have
Planning Commission Minutes – 8/14/08 1
been rezoned to B-4, such as 1974 E. Sherman, which was also split, with the rear portion remaining
industrial. Staff has had no comments regarding this request and recommends approval.
T. Harryman asked why the request was denied in 2001. L. Anguilm stated that it was because Dyna
Torque was still in business at the time and it would have made them non-conforming.
A motion to close the public hearing was made by L. Spataro, supported by J. Aslakson and
unanimously approved.
A motion that the request to rezone the front portion of the property located at 1934 E. Sherman
Boulevard from I-1, Light Industrial 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 Plan and zoning district intent was made by J. Aslakson, supported by B. Mazade and
unanimously approved.
Hearing; Case 2008-18: Staff-initiated request to rezone the properties located at 623 & 639 W. Clay
Avenue, and 1236 Eighth Street from I-1, Light Industrial District to B-3, Central Business District.
L. Anguilm presented the staff report. This is a staff-initiated request due to the changing nature of
our downtown area away from industrial uses to a more commercial/residential mixed use area. In
2007, a large portion of the downtown area was rezoned from H, Heritage to either B-3, Central
Business, or R-1, Single Family Residential. Since the intent has long been to move the industrial
uses in the downtown area away from the lakeshore and into industrial parks, it makes sense to
rezone properties in the downtown to a commercial zone to encourage more central business uses. It
also makes sense to buffer the neighboring residential uses and adjacent neighborhoods from the
remaining industrial uses until such time that we can also downzone the remaining industrial
properties. Presently the building at 623 Clay Avenue is vacant and 639 is a vacant lot, but both
could be viable for commercial uses when sold. They are located directly across from the Artworks
residential development. The property on Eighth Street abuts residents on both the northeast and
southeast. The current use (auto repair) is also allowed in B-4 zoning and should be encouraged to
relocate to that zone. The subject properties are zoned I-I, Light Industrial, as are the properties to
the southwest. Properties to the northeast and north (of 1236 8th Street) are zoned R-1, Single
Family Residential, and to the northwest and northeast (of 639 W. Clay) are B-3, Central Business.
Staff has received no comments regarding this case and recommends approval, because the request
conforms to the goals and recommendation of the City’s 1997 Master Plan and Future Land Use Plan
and zoning district intent.
L. Anguilm stated that she had previously spoken to two property owners in the subject area and they
did not object to the request. L. Spataro was concerned that the rezoning would make the business on
the 8th Street parcel a non-conforming use.
B. Smith arrived at 4:15 p.m.
A motion to close the public hearing was made by J. Aslakson, supported by T. Harryman and
unanimously approved.
A motion that the request to rezone the properties located at 623 & 639 W. Clay Avenue and 1236
Eighth Street from I-1, Light Industrial district to B-3, Central 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 Plan and zoning district intent, was made by B. Larson, supported by L. Spataro and
Planning Commission Minutes – 8/14/08 2
approved, with B. Smith abstaining.
Hearing; Case 2008-19: Staff-initiated request to amend Section 404, #6 (Area and Bulk
Requirements) of Article IV, R-1, Single Family Residential Districts, to allow 3-story homes in
established historic districts. L. Anguilm presented the staff report. In 2007, the Planning
Commission recommended and City Commission approved the zone changes for the downtown area
previously zoned “H, Heritage”. The area was rezoned to either B-3, Central Business or R-1, Single
Family Residential. There has been one unintended consequence of the rezoning of the Clay-Western
Historic District which merits a minor change to the ordinance. Under the H zoning, the height
limitation was 6 stories. This height was mainly intended for commercial buildings, however it did
allow 3 story homes such as the Emery House, Hackley House, and other 3 story homes in that area.
The present R-1 zoning only allows structures up to 2 stories, or 35 feet. There have been several
homes moved from other areas of the City into the downtown Clay-Western Historic District, the
most recent being on Muskegon Avenue. There is continued interest in moving homes into that
district, particularly onto the lot previously occupied by Victor Sieradzki’s house. Other historic
districts also tend to be the home for these large 3-story houses, such as Jefferson Street, Terrace
Street, etc. In order to allow some of these homes to be preserved or moved, staff believes that a
minor modification to the R-1 zoning district height requirement that would allow homes of up to 3
stories, or 45 feet, in established Historic Districts is in the best interest of the City. Proposed new
ordinance language was given in the staff report.
A motion to close the public hearing was made by T. Harryman, supported by B. Larson and
unanimously approved.
A motion that the amendment to Section 404, #6, of Article IV, Area and Bulk Requirements, of the
City of Muskegon Zoning Ordinance to amend the height requirements in an R-1, Single Family
Residential zoning district per the language listed in the staff report, be recommended to the City
Commission for approval, was made by L. Spataro, supported by B. Larson and unanimously
approved.
Hearing; Case 2008-20: Request to amend the Final PUD for 100 Muskegon Mall for the properties
located at 241, 255 and 285 W. Western Avenue, to allow for mixed residential and commercial uses,
by Jonathan Rooks, Parkland Muskegon LLC. L. Anguilm presented the staff report. The properties
in question include the former Hackley/Comerica Bank building and two vacant parcels to the
northeast, facing W. Western Ave. between First and Jefferson Streets. The request is for a mixed
use commercial and residential development that will involve the rehabilitation of the former bank
building and the construction of a two-story addition facing W. Western Ave. The upper floors will
be for residential use and the ground floor will be for commercial development. The zoning of the
property is B-3, Central Business with a PUD overlay, and the properties surrounding the site are all
zoned B-3. The former Hackley/Comerica Bank building is an 8-story building that previously
housed a bank on the first floor and offices on the other floors. The addition will consist of 2 stories,
with a total of 70 units between the current building and the addition. There will be 9,706 square feet
of retail on the first floor of the addition. Parking includes 32 garages and 17 surface parking spaces.
A total of 47 residential spaces are required. The commercial space will require an additional 24
parking spaces, of which 7 may be accommodated with street parking. The remaining spaces will
need a parking agreement with another property owner. There is very little space for landscaping on
this site, but one small area is reserved on the Jefferson Street side, near W. Western Ave., for a 10 x
42 foot area for some trees and shrubs. Street trees are also in the right-of-way along W. Western
Ave. The Planning Department has the following conditions of approval: a) indicate the length of
the parking spaces in the parking lot, b) maneuvering lanes must be 22 feet in the parking lot, c) the
Planning Commission Minutes – 8/14/08 3
only bump-out/landscape island shown on the plan in the northeast corner of the parking lot must be
landscaped to meet the zoning ordinance requirement of one canopy tree and 3 shrubs, d) indicate
zoning classification of abutting properties, e) indicate the dimensions of the proposed drives into the
parking lot, f) show areas for snow storage, or if snow will be removed from site, so indicate, g)
outdoor lighting must be indicated on site plan as 100% cut-off; pole height limit is 25 feet, h) show
specs for dumpster screening, i) submit signed parking agreement to the Planning Department for
approval, and j) a sign permit will be required. The Fire Department has the following conditions of
approval: a) key box shall be installed for Fire Department access; please order and install during
construction period, b) water supply fire flow testing shall be conducted; test data shall be submitted
to the Fire Marshall, c) the number and locations of hydrants shall comply with International Fire
Code Appendix Sections B 105.1 and C105.1, d) the type of construction and total area with all
buildings combined for this project shall be submitted to the Fire Marshall, e) fire lane shall be
designated; architect shall consult with local Fire Marshal for location of the fire lane and signage
requirement, f) post indicating valves shall be installed for fire protection control valves, and g) a 5-
inch stortz connection shall be installed for Fire Department connection. The Department of Public
Works and the Engineering Department had no comments at the time of this staff report. Staff has
received no other comments regarding this request, and recommends approval, with the conditions
listed in the staff report.
B. Turnquist asked what the ratio was for parking per unit in residential developments. L. Anguilm
stated that the ordinance required 1.5 spaces per unit. It was determined that the correct number of
parking spaces required for this development was 105. L. Anguilm stated that the parking agreement
she saw provided for 60 spaces, and there were 47 others already available. L. Spataro had concerns
about the parking. He asked if there was an agreement to allow access to the non-public portion of
the alley. B. Mazade stated that, regarding the fire lane, the City had several fire lanes that were on
private property. B. Mazade suggested that if the amendment was approved, to include in the motion
that the applicant must meet the parking requirements, but not specifically how they had to do it. T.
Tooley explained the project design. He stated that they had a signed parking agreement in place for
the additional spaces required. J. Aslakson asked if he was familiar with the conditions listed in the
staff report. T. Tooley stated that they were, and they had no problem with those. J. Rooks
distributed a promotional flyer providing some additional information about the development. He
explained the pricing and set-up of the units. L. Spataro asked him to provide some detail on the
parking agreement. J. Rooks stated that an agreement had been signed and executed for 60 spaces,
which brought the total to 107. B. Mazade stated that J. Rooks had been working with the City and
other City boards for some time on this project, and he had always been cooperative in doing what
the City has asked. B. Turnquist asked for a timetable on the project. J. Rooks stated that they would
be seeking bids very soon and already had several non-binding reservation agreements. They would
like to have the project finished by the end of 2009 or early 2010.
A motion to close the public hearing was made by B. Mazade, supported by L. Spataro and
unanimously approved.
A motion that the minor amendment to the Final PUD for 100 Muskegon Mall for properties at 241,
255, & 285 W. Western Avenue be approved pursuant to the determination of compliance with the
intent of the City Zoning Ordinance and City Master Land Use Plan, subject to the conditions that 1)
all revisions to the site plan listed in #7 of the staff report are completed and approved by the
Planning Department, and 2) all conditions of the Fire Department stated in #8 of the staff report are
met, was made by B. Turnquist, supported by T. Harryman and unanimously approved.
Planning Commission Minutes – 8/14/08 4
NEW BUSINESS
Case 2008-21: Request for site plan review for a commercial building at 1934 E. Sherman
Boulevard, by Ross E. Pope, Redstone Commercial. L. Anguilm presented the staff report. The
building in question was formerly an industrial building of about 21,800 sq. ft. The new building will
contain 18,000 sq. ft.; 12,400 sq. ft. for the retail outlet, and 5,600 sq. ft. of warehouse space. The
property, if approved by City Commission, will be zoned B-4, General Business, as are the properties
to the east, south and west. The property to the north is zoned I-2, General Industrial. The building
will be reconfigured somewhat with the truck dock and the addition on the east side of the building
being removed. The front of the building will be shortened as well. The main entrance will have a
canopied entrance door and face Sundolphin. Adequate parking is provided on site, with 44 spaces
for the commercial space and an additional 7 spaces provided at the rear of the site for the warehouse
space. The Planning Department requires the following amendments be made to the site plan as a
condition of approval: a) the property address needs to be added to the site plan, b) the zoning of
abutting properties needs to be added for properties to the east and west, and the property to the north
is zoned I-2, not I-3, c) indicate on the site plan that all lighting will be 100% cut-off, d) the
landscape plan needs several amendments, including the addition of plantings along the Sherman
Blvd. frontage of the building. The Zoning Administrator can work with the developer to get the plan
in compliance with the zoning ordinance. The Fire Department has no outstanding issues with this
site plan, nor does the Department of Public Works. The Engineering Department had no comments
at the time of this staff report. Staff has received no other comments regarding this request, and
recommends approval, subject to the conditions listed.
A motion that the site plan for a commercial building, located at 1934 E. Sherman Boulevard for
Ross E. Pope, Redstone Commercial, be approved, based on the condition that all requirements
addressed in item #6 of the staff report shall be provided as needed on a revised site plan prior to
issuance of a building permit, was made by L. Spataro, supported by T. Harryman and unanimously
approved.
OLD BUSINESS
None
OTHER
Master Plan Update – B. Wegener from Williams & Works updated board members on the Master
Plan process and answered their questions. He stated that the Plan would come back before the
Planning Commission once more before it was finalized. L. Spataro stated that the designations
between the Downtown, Lakeshore, and Historic districts were somewhat unclear. Some of the
downtown area was also part of the lakeshore. J. Searer owned some industrial property near the
downtown area and expressed his concern about a possible down-zoning.
A motion to forward the Master Plan document to the City Commission was made by L. Spataro,
supported by B. Larson and unanimously approved.
There being no further business, the meeting was adjourned at 5:15 p.m.
Planning Commission Minutes – 8/14/08 5
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