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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, October 11, 2007
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Approval of minutes of the meeting of September 13, 2007.
III. PUBLIC HEARINGS
A. Hearing; Case 2007-38: Staff-initiated request to rescind the vacation of the
unimproved portion of Frisbee Street, south of Palmer and west of McGraft
Church.
B. Hearing; Case 2007-39: Request to vacate Frisbee Street, between Block 531
and Block 532, by Ralph VanRiper, McGraft Church.
IV. NEW BUSINESS
A. Case 2007-040: Request for site plan review for a building addition for new and
used car sales and service at 2474 Henry Street, by Mike Bouman, Pioneer
Construction.
B. Case 2007-041: Request for site plan review revisions for a building addition at
2040 S. Getty Street for Peter Apostle, Baker Technologies.
IV. OLD BUSINESS
A. Hearing Case 2007-35: Request for a Special Land Use Permit, per Section 401
(#6) of Article IV, R-1, Single Family Residential District, of the Zoning
Ordinance, for a grocery store at 248 Mason Avenue, by Calvin Walker - Tabled
from the September meeting.
B. Case 2007-37: Request for site plan review for a building expansion at 1221 W.
Laketon Avenue, by Susan Johnson, Every Woman’s Place – Tabled from the
September meeting – Remains tabled.
V. OTHER
VI. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing
impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to
attend the meeting, upon twenty-four hour notice to the City of Muskegon. Individuals with disabilities requiring auxiliary
aids or services should contact the City of Muskegon by writing or calling the following:
Ann Marie Becker, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
October 11, 2007
Hearing; Case 2007-38: Staff initiated request to rescind the vacation of the unimproved
portion of Frisbee Street, south of Palmer and west of McGraft Church.
BACKGROUND
This street vacation request was originally recommended by Planning Commission for approval
in February 2006, and City Commission approved it later that month. As you may recall, streets
that are located within 80 feet of a body of water may only be vacated by the circuit court. With
that mind, one condition of the City Commission approval was that it did “not become final and
binding on the City until there has been full compliance with state law, including an appropriate
circuit court order”. It was determined by the Attorney General that there must be access to
McGraft Park in order for the consent judgment to be approved. Therefore, this vacation needs
to be rescinded and another request with only the east 33 feet of Frisbee Street will be addressed
in the next case.
Staff has received no public comments on this request.
View from across Ruddiman Creek. View from improved Frisbee Street.
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STAFF RECOMMENDATION
Staff recommends approval of the request.
DELIBERATION
I move that vacation of the undeveloped portion of Frisbee Street be recommended to City
Commission to be rescinded, due to the conditions required of the Attorney General.
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Hearing; Case 2007-39: Request to vacate Frisbee Street, between Block 531 and Block 532,
by Ralph VanRiper, McGraft Church.
BACKGROUND
The applicant is McGraft Church. Their property abuts the platted but undeveloped portion of
Frisbie Street. The church has preliminary plans to build a “Family Life Center Building”,
however their present property isn’t large enough to accommodate the size building they would
like. They initially approached the City through the Leisure Services Department to obtain a
lease for a portion of McGraft Park property adjacent to their property for construction of their
building. However, since McGraft Park is a “Charter Park” this is not a possibility.
This street vacation is not your ordinary street vacation request. Streets that are located within
approximately 80 feet of a body of water may only be vacated by the circuit court. According to
the Subdivision Control Act, Section 560.256:
Land in a subdivision dedicated to the use of the public for purposes other than
pedestrian or vehicular travel, or land dedicated for a public way which is under the
jurisdiction of a municipality, a portion of which public way is within 25 meters of a lake
or the general course of a stream, shall not be revised, altered, or vacated except by
order of the circuit court in the county in which the land is situated.”
Since the church needs the additional 33 feet of this street for their addition, which would
become church property if Frisbie Street is vacated, they are willing to pursue the final vacation
in circuit court. In order for them to move forward with this action, approval of the vacation
must be granted by City Commission. Therefore, McGraft Church is requesting the vacation of
the east 33 feet of Frisbee Street only.
Engineering, Fire and DPW have no issues with the proposed vacation. The church has
requested that no utility rights be retained, since they need to locate a portion of their building on
the additional property. There are no city utilities located in the platted street right-of-way, and
staff has had no response from other utilities that were notified of this request. The church
accesses their utilities from the developed portion of Frisbie and Roilson Streets.
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STAFF RECOMMENDATION
Staff recommends approval of the request.
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DELIBERATION
I move that the vacation of the east 33 feet of that part of vacated Frisbie Street located between
Block 521 and Block 532 of the Revised Plat of 1903 of the City of Muskegon, Muskegon
County Michigan, which lies South of the North line of said Block 532, extended West to the
West line of said Frisbie Street, be recommended to City Commission for (approval/denial),
based on (compliance/lack of compliance), with the City’s 1997 Master Land Use Plan.
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Case 2007-040: Request for site plan review for a building addition for new and used car sales
and service at 2474 Henry Street, by Mike Bouman, Pioneer Construction.
Applicant: Mike Bouman, Pioneer Construction
Property Address/Location: 2474 Henry Street
Request: Site Plan approval
Present Land Use: New and Used Auto Dealership
Zoning: B-4, General Business District
STAFF OBSERVATIONS
1. This property is the site of the present Betten Chevrolet new and used auto dealership. It
also now includes the property where the former Doo Drop Inn was located.
2. The applicant wishes to construct two new additions to the present building, one on the
north side of the present building and one on the east side. No dimensions or square
footages for the new additions are included on the site plan.
3. The property is zoned B-4, General Business, under which sale space for new and used
autos is allowed under a Special Land Use Permit. Staff is not sure if any such SLUP
exists for Betten, but would at the least be a legal nonconforming use, existing for many
years at this site.
4. The zoning on the property to the north is zoned I-1, Light Industrial. To the east is
Seaway Drive and Muskegon Heights, to the south and west the zoning is also B-4.
5. The proposed parking and the landscape plan meets the requirements of the zoning
ordinance.
6. The Planning Department requires the following corrections to the site plan as a
condition of approval:
a. The property must be labeled with the correct zoning designation. Presently it
shows the property as B-2.
b. Height of the building addition must be included.
c. Building dimensions of the present building and additions need to be provided.
d. Include area reference points for adjacent properties ( drives, structures within
100 ft.).
e. Show topography elevations at 5-ft. elevations.
f. Include a grading plan.
g. Show soil erosion and sedimentation control measures.
h. Indicate type, height, and design of all outdoor lighting.
i. No dumpster is shown on the plan. Please indicate location, which must be at
least 6 feet from the building, and show proper screening.
j. Show location of fire lanes and fire lock box.
k. If there is any storage of hazardous or toxic substances (i.e., paint) indicate the
location.
7. The site plan indicates that the large pole sign located on Henry Street is to be removed.
This sign is grandfathered. Staff would suggest that the applicant or property owner
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work with Mike Cameron, Code Coordinator, on any signage requests before removal of
signs, in order to preserve any legal nonconforming status of signs.
8. The Department of Public Works and Engineering Department has serious concerns
regarding the location of the building over the top of a 12 inch sanitary sewer line. The
present building is also located over this line. A meeting was held with City staff and the
property owners to discuss concerns and alternatives. A possible relocation of the sewer
line was discussed, but because it could require some City funding, it must be first
approved by City Commission. It was also made clear to the owners that if they
proceeded with construction without relocation of the sewer, they would be proceeding at
their own risk.
9. The Fire Department has the following conditions of approval:
a. Please submit square footage of the building.
b. Please submit fire flow (water supply) calculations and show all available
hydrants on site plan.
10. Staff has received no public comments on this request.
Front view of current building from Henry St. North side of property and Doo Drop building.
Rear of building on the south side. Rear of building on the north side.
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Standards for Site Plan approval:
Prior to approving a site plan, the City shall require that the following standards be
satisfied:
a. Schedule of Regulations: The site plan shall comply with the requirements for height, lot
size, yard space, density and all other requirements as set forth in the district regulations.
b. Other codes and standards: To the extent necessarily shown in the site plan, it shall
comply with other applicable City codes and standards.
c. Compatibility with surrounding land use and development: All elements shall be located,
designed and organized in relation to topography, the size and configuration of the parcel,
the character of adjoining property and the type and size of the buildings. The site shall
be developed so as not to impede the normal and orderly development or improvements
of surrounding property for uses permitted in this Zoning Ordinance.
d. Preservation of natural features: The landscape shall be preserved in its natural state,
insofar as practical, by removing only those areas of vegetation or making those
alterations to the topography which are reasonably necessary to develop the site.
e. Landscaping: Landscape buffers and greenbelts shall be provided and designed in
accordance with the provisions of this Ordinance. Fences, walks, barriers and
landscaping shall be used, as appropriate, for the protection and enhancement of the
property and for the privacy of occupants and neighbors.
f. Stormwater management: Drainage design shall recognize existing natural drainage
patterns. Stormwater removal shall not adversely affect neighboring properties or the
public storm drainage system. Provisions shall be made to accommodate stormwater on-
site, using sound engineering practices.
g. Soil erosion control: Appropriate measures shall be taken to ensure compliance with
state and local soil and sedimentation control regulations.
h. Wetlands Protection: The natural retention or storage capacity of any wetland, water
body, or water course will not be substantially reduced or altered in a way which could
increase flooding or water pollution at the site or other locations.
i. Emergency Access: All site improvements and structures shall be arranged so as to
permit necessary emergency vehicle access and to comply with the locally adopted fire
code.
j. Public streets and private roads: All uses must have access to a public street or a private
road. All streets and curb cuts shall be developed in accordance with City specifications,
the Michigan Department of Transportation, and/or private road regulations of the City,
whichever applies.
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k. Access Management: Streets and drives on a site shall be of a width appropriate to the
traffic volume they will carry and shall have adequate paved areas for vehicles. Traffic
mitigation techniques such as on-site parallel access lanes, rear access lanes, deceleration
lanes and traffic calming measures may be required. Shared curb cuts and access ways
may also be required.
l. Site Circulation and Parking: Parking areas shall meet the requirements of this
ordinance. All parking spaces and circulation patterns shall be marked. Curb stops or
curbing may be required to prevent encroachment on required setbacks and screening.
Provisions for on-site maneuvering of vehicles shall be made so as to discourage backing
and movements of trucks on abutting public streets. On site traffic control signs shall be
visible and understandable.
m. Pedestrian safety: The on-site pedestrian circulation system shall be separated as
completely and reasonably as possible from the vehicular circulation system. In order to
ensure public safety, special pedestrian measures such as sidewalks, crosswalks, and
other such facilities may be required for the development. The site circulation shall be
connected to existing or planned streets and pedestrian or bicycle pathways in the area as
appropriate.
n. Site amenities: The site plan shall provide outdoor common areas and associated
amenities for employees, customers and/or residents which may include public trash
receptacles, bike racks, seating areas, recreation areas, shade trees, bus stop turn-outs, and
similar facilities where appropriate.
o. Utility Service: The development must be adequately served by necessary public
services and shall not impose an undue burden on public services and infrastructure. All
utilities for new construction shall be placed underground. Any installations which must
remain above ground shall be compatible with those on adjacent properties.
p. Lighting: Exterior lighting shall be arranged so it is deflected away from adjacent
properties and so it does not impede the vision of traffic along adjacent streets. Flashing
or intermittent lights shall not be permitted. Design of lighting fixtures shall be
compatible with those on adjacent properties. Light poles and fixtures shall be no higher
than twenty-five (25) feet.
q. Signs: The size, location, and lighting of all permanent signs shall be consistent with the
requirements of this Ordinance.
r. Accessibility: All sites shall be designed to comply with barrier-free requirements.
s. State and Federal Mandates: The site plan shall demonstrate compliance with any state
or federal statute, regulation or ruling, whether general or site specific, which is
applicable to the property. This shall include without limitation any legally enforceable
restrictions on development or improvements which have been communicated or required
by a state or federal agency. It shall include, without limitation, requirements of laws,
regulations, rulings or agency requirements concerning environmental protection, waste
management, floodplains, soil and sedimentation, protection of ground or surface water
11
resources, soil conditions, and the presence of hazardous materials in or contamination of
soils, air and water pollution matters and provisions which are designed for or reasonably
related to the protection of the public health, safety or welfare. The applicant shall
demonstrate that all said statutes, regulations, rulings, or requirements have been satisfied
by its site plan and that there are no state or federal agencies which have required, or are
in the process of requiring, any additional action, restriction or compliance. In the event
a property is the subject of any governmental regulatory action or requirement, or without
limitation, the property is located in the "facility" as defined by state or federal law, the
state or federal agency responsible for the applicable regulation shall be notified in
writing of the filing of the site plan and any hearing regarding the application for
approval.
RECOMMENDATION
Staff recommends approval of the request for site plan approval for two commercial additions at
2474 Henry Street, subject to the conditions listed below.
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for two building addition to the Betten Chevrolet building, located at
2474 Henry Street for Mike Bouman, Pioneer Construction, be (approved/denied/tabled), based
on the following findings and conditions (if approved):
1. 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.
2. Any other conditions of Fire Department listed in item #9 on the staff report also be met.
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Case 2007-041: Request for site plan review revisions for a building addition at 2040 S.
Getty Street for Peter Apostle, Baker Technologies.
Applicant: Peter Apostle, Baker Technologies
Property Address/Location: 2040 S. Getty Street
Request: Site Plan approval
Present Land Use: Industrial
Zoning: I-1, Light Industrial District
STAFF OBSERVATIONS
1. This site plan is an amendment to the original site plan approved by the Planning
Commission on November 10, 2005, with conditions. The site plan then received final
approval from Staff, with revisions, on May 21, 2007. The plan is before you once again
because the applicant has requested a change in how the building addition is configured
on the back of the building.
2. The property consists of two lots, totaling 6 acres. The original plan called for a 26,000
sq. ft. addition located on the back and side of the building. The amended plan shows the
building located totally on the south side of the building, and moved further forward on
the site, eliminating 7 parking spaces and some of the lawn area. The applicant indicates
that some additional lawn area will be added to the south of the front parking area.
3. The proposed use for the building is the same as in 2005. It will be an engineering and
machine shop with only about 14 employees. If large scale production should begin in
the building, additional parking would need to be added on the vacant parcel to the south
to accommodate those needs.
4. The Planning Department has the following conditions for approval of the site plan:
a. It appears that some trees have been removed on the site. Permission from the
Zoning Administrator is required for removal of any trees not necessary for the
construction of the building.
b. All outdoor lighting must be indicated as 100% cut-off, not “directional lighting”.
c. Include the parcel number on the site plan.
d. Indicate dimensions of the loading area at the rear of the building.
e. Include arrows showing site circulation in the parking areas.
f. Outdoor screening may be no higher than 6 feet, and no less than 4 ft. Please
amend the site plan that shows 8 ft. screening for the dumpster.
g. Height of the proposed addition must be shown on the plan.
5. The Department of Public Works has the following comment:
a. There is an existing 6” water stub off Getty Street that should be considered.
6. The Fire Department has the following conditions of approval:
a. Emergency access road shall be provided around buildings exterior.
b. Fire flow (water supply) testing shall be conducted and owner shall contact fire
protection contractor and City DPW to schedule testing.
7. The Engineering Department had no comments at the time of this staff report.
8. Staff has received no public comments on this request.
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Front view of the existing building. South side of building and parking lot.
Side views where the proposed addition will be located.
Rear of the building.
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Standards for Site Plan approval:
Prior to approving a site plan, the City shall require that the following standards be
satisfied:
a. Schedule of Regulations: The site plan shall comply with the requirements for height, lot
size, yard space, density and all other requirements as set forth in the district regulations.
b. Other codes and standards: To the extent necessarily shown in the site plan, it shall
comply with other applicable City codes and standards.
c. Compatibility with surrounding land use and development: All elements shall be located,
designed and organized in relation to topography, the size and configuration of the parcel,
the character of adjoining property and the type and size of the buildings. The site shall
be developed so as not to impede the normal and orderly development or improvements
of surrounding property for uses permitted in this Zoning Ordinance.
d. Preservation of natural features: The landscape shall be preserved in its natural state,
insofar as practical, by removing only those areas of vegetation or making those
alterations to the topography which are reasonably necessary to develop the site.
e. Landscaping: Landscape buffers and greenbelts shall be provided and designed in
accordance with the provisions of this Ordinance. Fences, walks, barriers and
landscaping shall be used, as appropriate, for the protection and enhancement of the
property and for the privacy of occupants and neighbors.
f. Stormwater management: Drainage design shall recognize existing natural drainage
patterns. Stormwater removal shall not adversely affect neighboring properties or the
public storm drainage system. Provisions shall be made to accommodate stormwater on-
site, using sound engineering practices.
g. Soil erosion control: Appropriate measures shall be taken to ensure compliance with
state and local soil and sedimentation control regulations.
h. Wetlands Protection: The natural retention or storage capacity of any wetland, water
body, or water course will not be substantially reduced or altered in a way which could
increase flooding or water pollution at the site or other locations.
i. Emergency Access: All site improvements and structures shall be arranged so as to
permit necessary emergency vehicle access and to comply with the locally adopted fire
code.
j. Public streets and private roads: All uses must have access to a public street or a private
road. All streets and curb cuts shall be developed in accordance with City specifications,
the Michigan Department of Transportation, and/or private road regulations of the City,
whichever applies.
15
k. Access Management: Streets and drives on a site shall be of a width appropriate to the
traffic volume they will carry and shall have adequate paved areas for vehicles. Traffic
mitigation techniques such as on-site parallel access lanes, rear access lanes, deceleration
lanes and traffic calming measures may be required. Shared curb cuts and access ways
may also be required.
l. Site Circulation and Parking: Parking areas shall meet the requirements of this
ordinance. All parking spaces and circulation patterns shall be marked. Curb stops or
curbing may be required to prevent encroachment on required setbacks and screening.
Provisions for on-site maneuvering of vehicles shall be made so as to discourage backing
and movements of trucks on abutting public streets. On site traffic control signs shall be
visible and understandable.
m. Pedestrian safety: The on-site pedestrian circulation system shall be separated as
completely and reasonably as possible from the vehicular circulation system. In order to
ensure public safety, special pedestrian measures such as sidewalks, crosswalks, and
other such facilities may be required for the development. The site circulation shall be
connected to existing or planned streets and pedestrian or bicycle pathways in the area as
appropriate.
n. Site amenities: The site plan shall provide outdoor common areas and associated
amenities for employees, customers and/or residents which may include public trash
receptacles, bike racks, seating areas, recreation areas, shade trees, bus stop turn-outs, and
similar facilities where appropriate.
o. Utility Service: The development must be adequately served by necessary public
services and shall not impose an undue burden on public services and infrastructure. All
utilities for new construction shall be placed underground. Any installations which must
remain above ground shall be compatible with those on adjacent properties.
p. Lighting: Exterior lighting shall be arranged so it is deflected away from adjacent
properties and so it does not impede the vision of traffic along adjacent streets. Flashing
or intermittent lights shall not be permitted. Design of lighting fixtures shall be
compatible with those on adjacent properties. Light poles and fixtures shall be no higher
than twenty-five (25) feet.
q. Signs: The size, location, and lighting of all permanent signs shall be consistent with the
requirements of this Ordinance.
r. Accessibility: All sites shall be designed to comply with barrier-free requirements.
s. State and Federal Mandates: The site plan shall demonstrate compliance with any state
or federal statute, regulation or ruling, whether general or site specific, which is
applicable to the property. This shall include without limitation any legally enforceable
restrictions on development or improvements which have been communicated or required
by a state or federal agency. It shall include, without limitation, requirements of laws,
regulations, rulings or agency requirements concerning environmental protection, waste
16
management, floodplains, soil and sedimentation, protection of ground or surface water
resources, soil conditions, and the presence of hazardous materials in or contamination of
soils, air and water pollution matters and provisions which are designed for or reasonably
related to the protection of the public health, safety or welfare. The applicant shall
demonstrate that all said statutes, regulations, rulings, or requirements have been satisfied
by its site plan and that there are no state or federal agencies which have required, or are
in the process of requiring, any additional action, restriction or compliance. In the event
a property is the subject of any governmental regulatory action or requirement, or without
limitation, the property is located in the "facility" as defined by state or federal law, the
state or federal agency responsible for the applicable regulation shall be notified in
writing of the filing of the site plan and any hearing regarding the application for
approval.
RECOMMENDATION
Staff recommends approval of the request for site plan revisions for an industrial building
addition at 2040 S. Getty Street, subject to the conditions listed below.
DETERMINATION
The following motions are offered for consideration:
I move that the site plan revisions for an industrial building addition, located at 2040 S. Getty
Street for Peter Apostle, Baker Technologies Inc., be (approved/denied/tabled), based on the
following findings and conditions (if approved):
1. All conditions of City Staff listed in numbers 4 and 6 of the staff report shall be met.
2. An amended site plan shall be submitted with all corrections approved by the Planning
Department before building permits are issued.
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Hearing Case 2007-35: Request for a Special Land Use Permit, per Section 401 (#6) of Article
IV, R, One Family Residential District, of the Zoning Ordinance, for a grocery at 248 Mason
Avenue, by Calvin Walker.
Applicant: Calvin Walker
Property Address/Location: 248 Mason Avenue
Request: Special Land Use Permit
Present Land Use: Grocery Store
Zoning: R, One Family Residential District
STAFF OBSERVATIONS
1. The building on this property is the presently vacant, but has been used as a small grocery
in the past.
2. The applicant wishes to operate a small grocery store on the site. The applicant tells Staff
that he has no plans to include alcohol sales as part of his store. The Zoning Ordinance
gives the Planning Commission authority to regulate the sale of alcohol by limiting the
type of license the applicant may apply for, hours of operation and “any other restrictions
intended to stabilize, protect and encourage the residential character of the area.” The
applicant wishes to have store hours from 7 a.m. to 11 p.m. Staff feels these hours may
be excessive for a neighborhood setting. See conditions of approval for regulation of
alcohol sales and hours of operation.
3. According to the Zoning Ordinance “Previously existing or established commercial uses
not already converted to a residential use may be authorized under Special Permit. . “ for
certain uses, including the sale of groceries if the request meets the “intent. of the
neighborhood Limited Business Zone (B-1)”
4. All the properties surrounding this site are zoned R-1.
6. The site plan submitted with the application shows adequate parking for the building, as
well as a dumpster that will be located on the pavement, which will be screened.
7. The parking lot needs to be striped to show the parking, and the overgrowth removed.
Areas missing pavement need to be repaired.
8. Mrs. Babbitt of 1297 Fifth Street called to say she is opposed to the request. She said that
the last time there was a store located on this property the neighborhood has problems
with “drugs, after hours liquor sales, loitering and noise, gambling, and trash from the
property blowing all over the neighborhood”.
Daniel Meloche, 211 Mason, called and voiced his opposition to the request. He
cited past problems with the previous grocery store, such as illegal gambling,
fighting, threats, and hanging out late at night. He also suspected there was drug
activity on or near the property.
A letter was received from Harold Mitchell, 246 Strong, in support of a grocery on
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the site. He believes that the “poor people in the surrounding area who do not have
cars need a grocery store that’s within walking distance”.
Front view of 248 Mason Avenue Rear view of the property from Fifth Street.
Rear parking area of the property.
19
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ORDINANCE EXCERPTS
SECTION 401: SPECIAL LAND USES PERMITTED [amended 2/02]
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:
1. Private recreational areas, and institutional recreational centers when not operated for
profit, and nonprofit swimming pool clubs, all subject to the following conditions:
[amended 2/02]
a. In those instances where the proposed site is not to be situated on a lot or lots of
record, the proposed site shall have one property line abutting a major
thoroughfare and the site shall be so planned as to provide ingress and egress
directly onto said major thoroughfare.
b. Front, side, and, rear yards shall be at least fifty (50) feet wide, except on those
sides adjacent to nonresidential districts, and shall be landscaped in trees, shrubs,
grass, and terrace areas. All such landscaping shall be maintained in a healthy
condition. There shall be no parking or structures permitted in these yards, except
for required entrance drives and those walls and/or fences used to obscure the use
from abutting residential districts.
c. Buildings erected on the premises shall not exceed one (1) story or fourteen (14)
feet in height.
d. Whenever a swimming pool is constructed under this Ordinance, said pool area
shall be provided with a protective fence six (6) feet in height, and entry shall be
protected by means of a controlled gate or turnstile.
e. The off-street parking and general site layout and its relationship to all adjacent
lot lines shall be reviewed by the Planning Commission who may impose
reasonable restrictions or requirements so as to insure that contiguous residential
areas will be adequately protected.
2. Colleges, universities, and other such institutions of higher learning, public and private,
offering courses in general, technical, or religious education not operated for profit, all
subject to the following conditions:
a. Any use permitted herein shall be developed only on sites of at least five (5) acres
in area.
b. All ingress to and egress from said site shall be directly onto a major
thoroughfare.
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c. No building other than a structure for residential purposes shall be closer than
seventy-five (75) feet to any property line.
3. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100, may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of building that exceeds the maximum
height allowed.
4. Elementary, intermediate, and/or secondary schools offering courses in general
education, provided such uses are set back thirty (30) feet from any lot in a residential
zone.
5. Cemeteries.
6. Previously existing or established commercial uses not already converted to a residential
use may be authorized under Special Use Permit for the following [amended 12/99]:
a. Retail and/or service establishments meeting the intent of the neighborhood
Limited Business Zone (B-1) dealing directly with consumers including:
1) Any generally recognized retail business which supplies new commodities
on the premises for persons residing in adjacent residential areas such as:
groceries, meats, dairy products, baked goods or other foods, drugs,
drygoods, and notions or hardware.
2) Any personal service establishment which performs services on the
premises for persons residing in adjacent residential areas, such as: shoe
repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
television, or home appliance repair, and similar establishments that
require a retail character no more objectionable than the aforementioned,
subject to the provision that no more than five (5) persons shall be
employed at any time in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors,
osteopaths, architects, engineers, accountants, and similar or allied
professions.
4) Restaurants, or other places serving food, except drive-in or drive-through
restaurants.
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b. Prohibited uses: Activities specifically prohibited include repair or service of motor
vehicles and other large equipment; manufacturing processes which would
normally require industrial zoning; any activity which may become a nuisance
due to noise, unsightliness or odor; and any activity which may adversely affect
surrounding property.
c. Conditions: [amended 8/04]
1) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
3) All goods produced on the premises shall be sold at retail on the premises
where produced.
4) All business, servicing, or processing shall be conducted within a
completely enclosed building, or in an area specifically approved by the
Planning Commission.
5) Parking shall be accommodated on site or with limited street parking.
6) Hours of operation may be limited by the Planning Commission.
7) Signs must comply with those set forth for the residential zoning district.
8) The Planning Commission may allow a use to sell alcohol, however the
Commission may limit the type of license applied for or obtained for the
sale of alcohol to an SDM, hours of operation, and any other restrictions
intended to stabilize, protect, and encourage the residential character of the
area. The use must gain approval from the Michigan Liquor Control
Commission before alcohol can be or sold.
7. Bed & Breakfast facilities, under the following conditions:
a. The home must be located in the Clay-Western or National Register Historic
District, as identified by the City of Muskegon Historic District Commission map.
b. The owner or operator of the tourist home shall live full-time on the premises.
c. No structural additions or enlargements shall be made to accommodate the tourist
home use and no exterior alterations to the structure shall be made which will
change the residential appearance of the structure.
d. Breakfast may be served on the premises, only for guests of the facility, and no
other meals shall be provided to guests.
e. No long-term rental of rooms for more than fourteen (14) consecutive days shall
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be permitted. No guest may stay for more than twenty-eight (28) nights in any
given year.
f. There shall be a maximum of five (5) guestrooms. No more than two (2) adults
are permitted to stay in any guestroom.
g. Signage shall conform to that which is permitted for home occupation businesses
only.
h. Rental of the tourist home for special gatherings such as wedding receptions and
parties shall be prohibited.
i. The property shall meet all local and state code requirements regarding bed and
breakfast facilities.
8. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.
9. Uses similar to the above Special Land Uses Permitted.
RECOMMENDATION
Staff recommends approval of the request with certain conditions listed below.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
1. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
4. The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
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f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the request for Special Land Use Permit, per section 401 (#6) of Article IV of the
Zoning Ordinance, to allow for a grocery store in an R-1 zoning district at 248 Mason Avenue,
by Calvin Walker, be (approved/denied/tabled, based on compliance/lack of compliance with the
City’s Master Land Use Plan and conditions set forth in Section 2332 of the City of Muskegon
Zoning Ordinance (based on the following conditions—only if approved):
1. No alcohol sales be allowed.
2. Hours of operation shall be between 9 a.m. and 9 p.m.
3. The parking lot be cleaned of vegetation and repaired.
4. The dumpster be screened to meet the zoning ordinance requirements.
5. The owner/applicant shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit.
6. The Special Land Use Permit affidavit shall be recorded with the register of deeds prior to
beginning construction.
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