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Commission Meeting Date: September 23, 2008
Date: October 9, 2008
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Rezoning request for property located at 1338 S. Getty
Street
SUMMARY OF REQUEST:
Request to rezone the property located at 1338 S. Getty Street, from B-4. General
Business District to R, One Family Residential District.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 9/11
meeting. The vote was unanimous, with T. Michalski, B. Larson and J. Aslakson
absent.
1
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for
a certain property from B-4 “General Business” district to R, One Family
Residential District.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the
following described property from B-4 “General Business” district to R, “One Family
Residential” district:
CITY OF MUSKEGON REV PLAT OF HOLBROOK ADDITION LOT 6 BLK 2
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Marie Becker, MMC
City Clerk
2
CERTIFICATE (Rezoning of 1338 S. Getty from B-4 to R-1)
The undersigned, being the duly qualified clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 14th day of October,
2008, at which meeting a quorum was present and remained throughout, and that the
original of said ordinance is on file in the records of the City of Muskegon. I further
certify that the meeting was conducted and public notice was given pursuant to and in full
compliance with Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2008, and that minutes were kept and will be or have been made available as required
thereby.
DATED: ___________________, 2008. ________________________________
Ann Marie Becker, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final
adoption.
3
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 14, 2008, the City Commission of the City of
Muskegon adopted an ordinance amending the zoning map to provide for the change of
zoning of the following property from B-4 “General Business” district to R, “One Family
Residential” district:
CITY OF MUSKEGON REV PLAT OF HOLBROOK ADDITION LOT 6 BLK 2
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular
business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2008 CITY OF MUSKEGON
By ___________________________
Ann Marie Becker, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
September 11, 2008
Hearing; Case 2008-22: Request to rezone the property located at 1338 S. Getty Street from
B-4, General Business District to R, One Family Residential District, by Connie Johnson, 4028
Briarwood Lane.
Applicant: Connie Johnson
Property Address/Location: 1338 S. Getty Street
Rezone from B-4, General Business to R, One Family Residential
Present Land Use: Residential
Zoning: B-4, General Business
STAFF OBSERVATIONS
1. The property contains the long time family home of Connie Johnson and her late
husband, who has occupied the home since 1979. Her son would now like to purchase
the home from his mother, but has been unable to secure financing because of the
business zoning.
2. The applicant is requesting a rezoning from a B-4 General Business zone to a R, One
Family Residential zone.
3. The property itself contains only 6,200 square feet, with 50 feet of street frontage. While
this meets the minimum requirement for a residential lot, it falls short of the 10,890
square feet and 100 feet of frontage required for a lot in the B-4 zoning district.
4. The properties to the north, west and south are zoned B-4, and to the East on Kingsley
Street, the zoning is R-1.
5. In this block of Getty Street between Evanston and Catawba there are 7 homes that are
presently used as single family residences, 5 are owner occupied. There are also 4
businesses occupying commercial structures in that block.
6. The Getty Street Corridor Study, done in 2001, suggests that in this area of Getty we
should “encourage land assembly and re-use of single-family residential areas to higher
intensity uses”. At this time there are no plans that Staff is aware of for any
redevelopment to commercial uses.
7. Staff has had no comments regarding this request.
5
Subject home located at 1338 S. Getty Street.
Hair salon located to the north of subject. Home located to the south of subject.
6
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject property from B-4, General
Business district to R, One Family Residential district, 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.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the
approval or denial of the petition?
7
3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in the
future if the petition is approved?
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City?
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites,
or wildlife areas.
7. Is the proposed zoning change a “Spot Zone”?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those allowed in
the vicinity?
c. Would the zoning change confer a benefit to the property owner that is not
generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the front portion of the property located at 1338 S. Getty Street
from B-4, General Business district, to R, One Family Residential district as described in the
public notice, be recommended for (approval/denial) to the City Commission pursuant to the
City of Muskegon Zoning Ordinance, and the determination of (compliance/lack of
compliance) with the intent of the City Master Land Use and zoning district intent.
8
Commission Meeting Date: September 23, 2008
Date: October 9, 2008
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance – Outdoor Seating
SUMMARY OF REQUEST:
Request to amend Section 2308, #2 (Outdoor Seating) of Article XXIII (General Provisions) to
require a minimum of 6 feet of paved area for pedestrian circulation.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to require a minimum of 6 feet of paved
area for pedestrian circulation.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 9/11 meeting. The
vote was unanimous with T. Michalski, B. Larson, and J. Aslakson absent.
10/9/2008 1
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
September 11, 2008
Hearing; Case 2008-25: Staff initiated request to amend Section 2308, #2 (Outdoor Seating) of
Article XIII, to require a minimum of 7 feet of paved area for pedestrian circulation.
BACKGROUND
In February 2007 the Outdoor Seating language was adopted and became part of the Zoning
Ordinance. Recently a request for a staff approved site plan for outdoor seating was submitted for the
former National City building on Western Avenue. Upon discussion with other City staff and the new
restaurant developer, it was brought to my attention that the 3 feet allowance for sidewalk along the
curb was not sufficient for ADA standards.
On the advice of the City Engineer and the Affirmative Action Director, who is also the City’s liaison
for ADA issues, we believe that even though 5 feet would be adequate width to accommodate
signage, light poles, along with pedestrians, that 7 feet would be a better buffer for accessibility. This
would allow adequate space for people and wheelchairs, walkers, etc. to pass one another.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Article XXIII, Section 2308, #2: Outdoor Seating
2. Pedestrian circulation and access to the building entrance shall not be impaired. A
minimum of three (3) seven (7) feet of sidewalk paved area along the curb and leading
to the entrance to the establishment must be maintained free of tables, chairs, and other
encumbrances.
DELIBERATION
I move that the amendment to Section 2308, #2, of Article XXIII, Outdoor Seating, of the City of
Muskegon Zoning Ordinance to require a minimum of 7 feet of paved area for pedestrian circulation
along the curb, be recommended to the City Commission for (approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2308, #2 (Outdoor Seating) of Article XXIII (General
Provisions), to require a minimum of 6 feet of paved area for pedestrian circulation.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Amendment to Article XXIII, Section 2308, #2: Outdoor Seating
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
2. Pedestrian circulation and access to the building entrance shall not be impaired. A
minimum of three (3) six (6) feet of sidewalk paved area along the curb and leading to
the entrance to the establishment must be maintained free of tables, chairs, and other
encumbrances.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Marie Becker, MMC, City Clerk
3
Commission Meeting Date: September 23, 2008 - Zoning Ordinance Amendment – Outdoor Seating
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
14th day of October, 2008, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with the
Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2008, and that minutes were kept
and will be or have been made available as required thereby.
DATED: ___________________, 2008. __________________________________________
Ann Marie Becker, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
4
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 14, 2008, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2308, #2 (Outdoor Seating) of Article XXIII (General Provisions)
amending language to require a minimum of 6 feet of paved area for pedestrian circulation.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2008. CITY OF MUSKEGON
By _________________________________
Ann Marie Becker, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
CITY COMMISSION MEETING
Tuesday, October 14, 2008
TO: Honorable Mayor and City Commissioners
FROM: Mark Kincaid
Deputy Director of Public Safety
DATE: October 7, 2008
SUBJECT: Request to Purchase Humidification Equipment for Central Fire Station
SUMMARY OF REQUEST:
Fire Department staff is requesting approval by the Commission to allow for the
procurement and installation of humidification equipment for the Central Fire Station.
The low bid, which meets all stated specifications, was submitted by Northside Heating,
Cooling, & Refrigeration, 2175 Riegler Rd. Muskegon, MI 49445 for $22,710.00. The
only other bid received was from Rite-Way Plumbing & Heating, 2083 Walker Ct. NW
Grand Rapids MI 49544 for $22,795.00.
FINANCIAL IMPACT:
Funds for this purchase are provided for in the building fund for the new Central Fire
Station.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATIONS:
Approval of bid from Northside Heating, Cooling, & Refrigeration
Family Auto Lakeshore Dodge Michigan State Contract Deur Speet
Type of Vehicle 3146 Henry 4235 Fruitvale 6131 Pennsylvania 33 West Dayton
Muskegon Mich 49441Montague Mich 49437 Lansing Mich 48911 Fremont 49412
2 2009 Dodge Durango 4X4 $25,419.00 $24,524.00 $20,686.50 $21,994.00
TOTAL $50,838.00 $49,048.00 $41,373.00 $43,988.00
City of Muskegon
Industrial Facilities Exemption Application
Summary Sheet
Project Summary:
Johnson Technology, a manufacturing company located at 2034 Latimer Dr, is installing new
machinery and equipment to expand its present operation. The company is eligible for a (7) year
exemption on personal property because they will be creating six (6) additional jobs from the
improvements.
Employment Information:
Racial Characteristics:
White 246
Minority 20
Total 266
Gender Characteristics:
Male 186
Female 80
Total 266
Total No. of Anticipated New Jobs: 6
Investment Information:
Real Property: $-0-
Personal Property $ 2,000,000
Total: $ 2,000,000
Property Tax Information (Annual) All Jurisdictions City Only
Total New Taxes Generated $ 33,166 $ 11,073
Value of Abatement $ 16,583 $ 5,537
Total New Taxes Collected $ 16,583 $ 5,537
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $1,498
Company Requirements:
Adopted Affirmative Action Policy Yes No
Meeting w/ City Affirmative Action Director Yes No
Signed Tax Abatement Contract Yes No
Taxes Paid In Full Yes No
Zoning Conflicts Yes No
___________________________ __________________________
Mike Franzak Dwana Thompson
Planner II Affirmative Action Director
EXCITING OPPORTUNITY FOR DOWNTOWN LIVING
AND RECREATION!
The City of Muskegon is offering ownership of a “dockominium” boat slip for only
$5,000 to the first person to close on a new condominium unit in downtown
Muskegon.* The buyer will be responsible for all future fees, taxes and assessments
related to the boat slip upon taking ownership.
Conditions
1) The condo unit must be purchased for $250,000 or more. The condominium
must be one of the new projects built or in the process of being built. These
include: Vida Nova, HighPoint Flats, Heritage Square, and The Watermark.
2) The closing must occur by December 15, 2008 (if the project is not to the
point of being able to close, a valid Purchase Agreement will suffice;
however, a condition will be included that the boat slip revert to the City if
the unit is not closed on by June 1, 2009).
3) The boat to be placed in the boat slip must be sized appropriately for the size
of the slip (e.g., a 15’ boat cannot be placed in a 60’ boat slip).
There are two boat slips available:
#1 Harbour Towne Marina- 60’, legal description is Parcel # 24-420-000-0008-00,
Legal: City of Muskegon Harbour Towne Marina Condominium Unit 8
#2 Pigeon Key Marina- 40’, legal description…. Parcel # 24-673-001-0011-00,
Legal: City of Muskegon Pigeon Key Marina Condominium Unit 11 Dock A
The “first person to close” does not include the owner/developer of the
condominium project, and it must be a new deal closing, not someone that has
already purchased the unit. The City reserves the right to inspect details of the
transaction.
This boat slip is located in the Harbour Towne Marina (Parcel # 24-420-000-0008-00).
The boat is not included.
This boat slip is located in Pigeon Key Marina (Parcel # 24-673-001-0011-00)
The boat is not included.