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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, August 12, 2010
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA (REVISED)
I. Roll Call
II. Approval of minutes of the regular meeting of July 15, 2010.
III. PUBLIC HEARINGS
A. Hearing; Case 2010-31: Request to amend Article II (Definitions) of the Zoning
Ordinance to include a definition for Transitional Living Facility, by West Michigan
Therapy, Inc.
B. Hearing; Case 2010-32: Request to amend Section 901 (Special Land Use Permitted) of
Article IX (RM-3, High Density Multiple Family Residential District) of the Zoning
Ordinance, to allow Transitional Living Facility as a special use permitted in RM-3, High
Density Multiple Family Residential Districts, by West Michigan Therapy, Inc.
IV. OLD BUSINESS
V. NEW BUSINESS
Case 2010-33: Site Plan Review (amendment) – 2477 Henry Street (Betten Automotive
Hyundai Building). Request for minor expansion of the northeastern portion of the
building.
VI. OTHER
VII. 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
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
July 15, 2010
Chairman T. Michalski called the meeting to order at 4:02 p.m. and roll was taken.
MEMBERS PRESENT: L. Spataro, T. Harryman, B. Turnquist, S. Warmington,
B. Mazade, T. Michalski, W. Parker, B. Smith, B. Larson
MEMBERS ABSENT: None
STAFF PRESENT: M. Franzak, D. Leafers
OTHERS PRESENT: M. David, 721 E. Laketon Ave.; J. Wesley II, 1838 Superior; J.
Cross, 1115 3rd St.; K. Lemke, 1137 3rd St.; P. Lundwall, 3198
Edgewater; C. Brady, 1823 Edgewater, M. Kantor, 3024 Sherwood
Ct; S. Schiller, 1828 Edgewater
APPROVAL OF MINUTES
A motion that the minutes of the regular meeting of June 10, 2010 be approved, was made by B.
Turnquist, supported by T. Harryman and unanimously approved.
L. Spataro arrived at 4:05 p.m.
PUBLIC HEARINGS
Hearing; Case 2010-28: Request to rezone a portion of the property at 721 E Laketon from R-1,
Single Family Residential district to B-4, General Business district, by Micheal David. M.
Franzak presented the staff report. The entire parcel at 721 E. Laketon measures 39,062 square
feet. Of that, about 32,374 square feet is zoned B-4, General Business District and about 6,688
square feet on the southern portion of the lot is zoned R-1, Single Family Residential District.
The portion of the parcel that is zoned R-1 is considered a buildable lot since it meets the 6,000
square foot minimum lot size and 50 feet of frontage standards. The properties to the east and
south are zoned B-4, and properties to the north, west, and south are zoned R-1. The applicant is
requesting to rezone the property so that the entire parcel is B-4. He would like to open a used
car lot and car repair facility. Cars for sale would be placed on the western portion of the
property in the area currently fenced. The building on the property would be used for the sales
office and automobile repair. Staff recommends approval of the rezoning so that the parcel will
fall under one zoning classification.
B. Mazade and B. Smith arrived at 4:07 p.m.
S. Warmington arrived at 4:08 p.m.
T. Harryman asked how long the parcel had been zoned R-1. M. Franzak stated that he wasn’t
sure, but on a 1986 zoning map it was R-1. L. Spataro asked if the entire parcel was enclosed by
a fence. M. Franzak stated that it was. W. Parker asked if there would be car sales or repair. M.
Franzak stated that there would be both. Car repair was a principal use in the B-4 district and did
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not require a special use permit. M. David discussed his plans for the site. He currently had a
car lot further down on Laketon, but needed more space and wanted to be in an area of higher
traffic. He stated that the area in question was fenced in but was very overgrown now. He
planned to clean up that portion and use it for display space for cars. Car repair would take place
in the main building. T. Michalski recalled that this portion of the lot was where nursery stock
was kept many years ago, so it was part of the original commercial parcel back then. B.
Turnquist asked if the lot would be lighted at night. M. David stated that it would. J. Wesley,
whose property abuts this lot, was concerned with additional traffic on the residential street,
noise, and lighting on the car lot. He stated that many trees that provided screening between the
properties were cut down and the fence between the properties was dilapidated. He said he
would not be opposed to the car lot if those issues were addressed. T. Michalski asked if
screening was required between this lot and the adjacent lot. M. Franzak stated that it was. M.
David stated that he was going to erect a nice privacy fence between the properties.
A motion to close the public hearing was made by L. Spataro, supported by B. Larson and
unanimously approved.
A motion that the request to rezone a portion of the property located at 721 E Laketon from R-1,
Single Family Residential 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 and zoning district intent, was made by L. Spataro, supported by S. Warmington and
approved, with W. Parker and B. Turnquist voting nay.
Hearing; Case 2010-29: Request for a Special Use Permit, per section 401 #6 of Article IV of
the Zoning Ordinance, to allow vehicle sales in a B-4, General Business zoning district at 721 E
Laketon Avenue, by Micheal David. M. Franzak presented the staff report. The applicant is
requesting a special use permit for vehicle sales for the property at 721 E Laketon Avenue. The
parcel is currently zoned B-4, General Business District, which allows vehicle sales with a
special use permit. The building located on the property is roughly 8,200 square feet and is
currently vacant. The sales office would be located in the easternmost section of the building
and would be about 900 square feet. An auto repair shop would be located in the westernmost
portion of the building and would be roughly 2,280 square feet. These two uses would require at
least 7 spaces to be striped for parking. Vehicles for sale would be located along Laketon
Avenue in the current parking lot and also in the currently fenced-in field (this area would need
to be paved). A condition of all special use permits for automobile sales states, “Ingress and
egress to the outdoor sales area shall be at least sixty (60) feet from the intersection of any two
(2) streets.” The site plan shows that the curb cut on Ray Street is 60 feet from the intersection
of Laketon; however, a field check by staff shows that there is only about 25 feet of clearance.
Either this curb cut would need to be blocked off, or automobile sales should only take place
west of the curb cut on Laketon Avenue. The site plan does not indicate parking spaces. There
is only 45 feet of clearance from the building to the sidewalk, which would make the required
parking difficult to achieve, as there must be 22 feet of clearance for two-way traffic. Also,
parking spaces must be 8 x 18 feet and there must also be room left over for the vehicles for sale.
The zoning ordinance also states that an average minimum greenbelt of 10 feet shall be
maintained along all street frontages, which currently is not being met. The Planning
Department requires the following amendment to the site plan as a condition of approval: a
revised site plan showing the new pavement, car sales locations, vehicle maneuvering isles,
greenbelt buffer and striped parking spaces must be submitted. The Engineering Department has
no outstanding issues with this site plan, nor does the Department of Public Works. The Fire
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Department has the following condition of approval: a key box for fire department access is
required if fence and gate is installed. Staff received a comment via e-mail from “Mel K” and S.
Gawron of 1362 Palmer, who were opposed to the request. Staff recommends that vehicle sales
should only be allowed west of the Laketon Avenue curb cut.
L. Spataro asked M. David how he would address staff and neighbor concerns as mentioned in
the previous case. M. David stated that he would put up a new 6-foot fence across the back of
the property by the neighbor’s house, parking lot lights will shine away from the residential area
and toward the parking lot only, and he will clean up the property so that it looks nice. He stated
that he was aware of the 100% lighting cut-off rule. The curb cut and gate on Ray St. were
discussed. T. Michalski and M. Franzak agreed that staff would work with the applicant on that
issue.
A motion to close the public hearing was made by T. Harryman, supported by B. Larson and
unanimously approved.
W. Parker stated that he was concerned with additional traffic on the residential side streets next
to this business, and the dilapidated condition of the building. L. Spataro stated that he believed
having this property occupied would be an improvement. He stated that Mr. David’s current car
lot was well-kept, and he was a good neighbor to the nearby residents.
A motion that the special land use permit, per Section 401 (#6) of Article IV of the Zoning
Ordinance, to allow vehicle sales in a B-4, General Business District at 721 E Laketon Ave, by
Michael David, 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) Automobile sales must be located west of the curb cut on Laketon Avenue.
This area must be paved and comply with the parking and maneuvering requirements set forth in
the zoning ordinance, 2) All signage requires a permit and must comply with the zoning
ordinance, 3) The owner shall permit the Zoning Administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit, 4) The Special Land Use
permit document shall be recorded with the register of deeds prior to establishment of the use,
and 5) The Special Land Use permit shall become null and void within one year of the public
hearing if the use has not been established or there is a violation of condition 1 – 4, was made by
T. Harryman, supported by S. Warmington and approved, with W. Parker and B. Turnquist
voting nay.
Hearing; Case 2010-30: Request for a Special Use Permit, per section 401 #6 of Article IV of
the Zoning Ordinance, for a vintage retail shop at 1115 3rd Street (Suite 3), by Jennifer Cross.
M. Franzak presented the staff report. The applicant is requesting a special use permit for a
vintage retail shop. The parcel is zoned B-2, Convenience and Comparison Business District,
which allows for this type of use with a special use permit. The proposed business meets the
definition of Vintage Shop, as defined by the zoning ordinance. The business has 1,000 feet of
usable floor space, which requires 3 parking spaces (30% can be on-street in the downtown
parking overlay district). The owner does not currently have any parking spaces or a shared
parking agreement.
B. Smith asked if there would be enough parking. M. Franzak stated some could be
accommodated with on-street parking, but there was a lack of parking lot space. J. Cross stated
that the Neighborhood Investment Corp, in the same building, was going out of business so there
would be parking available. T. Harryman asked how much of the business was online. J. Cross
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stated that there was not much yet, but she anticipated more online business during the winter,
when there was not as much foot traffic. K. Lemke had a business in the area and she was in
favor of the request. She stated that this was a unique store that would be a good fit for the
neighborhood.
A motion to close the public hearing was made by T. Harryman, supported by B. Larson and
unanimously approved.
A motion that the special land use permit, per Section 401 (#6) of Article IV of the Zoning
Ordinance, to allow a vintage shop in a B-2, Convenience and Comparison Business District at
1115 3rd Street, by Jennifer Cross, 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) A shared parking agreement for 2 parking spaces shall be submitted to
the Zoning Administrator, 2) All signage requires a permit and must comply with the zoning
ordinance, 3) The owner shall permit the Zoning Administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit, 4) The Special Land Use
permit document shall be recorded with the register of deeds prior to establishment of the use,
and 5) The Special Land Use permit shall become null and void within one year of the public
hearing if the use has not been established or there is a violation of condition 1 – 4, was made by
B. Smith, supported by S. Warmington and unanimously approved.
NEW BUSINESS:
None
OLD BUSINESS
Case 2009-13 (tabled from Sept. 2009 meeting): Request for Site Plan Review for property
located at 3198 Edgewater Street, by Phillip Lundwall, Muskegon Yacht Club. M. Franzak
presented the staff report. The subject property is 2.62 acres of waterfront property, including a
clubhouse, pool with changing rooms and a boat house. There are presently 71 existing boat
slips. The Yacht Club plans to replace those with new ones and add 13 new slips, along with a
protective wave attenuating breakwall. Improvements on the water, including the boat slips,
require DEQ, not City, approval. The Planning Commission is being asked to approve the
additional parking. The subject property is zoned WM, Waterfront Marine, as are properties to
the east. Properties to the north, west, and south are zoned R-1, Single Family Residential. The
construction of the new boat slips requires additional parking. There is adequate paved area
shown on the site plan to accommodate a good portion of the required parking spaces; however
the parking areas will need to be striped in order for additional spaces to be added and more
orderly parking to take place. The applicant has made the parking lot modifications that were
requested at the September 2009 meeting. The Planning Department requires the following
amendment to the site plan as a condition of approval: Curb stops or rolled curbing is required
for all parking spaces adjacent to Edgewater Street. The Engineering Department has the
following conditions of approval: a) No work is to be done in the public right-of-way, such as
drive approaches or sidewalks, and b) Any dredged/excavated materials must be stockpiled and
protected against erosion, per the required permit from Muskegon County DPW. The Fire
Department has following conditions of approval: a) Fire protection required per International
Fire Code 2006 Edition, Section 905.3.7 and NFPA 303 Standards, b) Shop drawings shall be
submitted to the Fire Marshall and Building Inspections Department for approval, and c) Fire
protection contractor for this project shall contact the local Fire Marshall. The City’s
Department of Public Works has no outstanding issues with this site plan. Staff has received no
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other comments regarding this request and recommends approval of the additional parking,
subject to the conditions listed.
B. Mazade disclosed that he was a member of the Muskegon Yacht Club, and excused himself
from participating and voting in this case. Board members and staff discussed the DEQ permit
that was presented by the applicant, and whether it was valid, since there was no date or
signature on it. P. Lundwall stated that he received the permit from the DEQ as is, in March of
this year. Staff and board members discussed the parking shown on the site plan, and the
proposed changes. P. Lundwall described the Yacht Club’s proposed improvements. He stated
that they had incorporated all staff recommendations from September’s meeting into their
revised plans, and they were in compliance with City ordinances. C. Brady lived in the area and
was opposed to the request. She provided background information on the case, including DEQ
permitting, and outlined her objections. She also stated that she disagreed with the way the
parking calculations were done. L. Spataro asked why she would be opposed to reconfiguring
the parking lot to make room for additional spaces, when it would improve the vehicle
congestion in the area. C. Brady stated that the Yacht Club’s DEQ permit approval was subject
to Planning Commission approval of this case. L. Spataro stated that the DEQ permit had no
bearing on this case or vice versa, as this case was regarding parking only. M. Kantor stated that
he was in favor of the request. S. Schiller stated that he was opposed to the request.
A motion that the site plan for additional parking and reconfiguration of the current parking lots
for property located at 3198 Edgewater Street for Phillip Lundwall, Muskegon Yacht Club, be
approved, with the conditions that 1) All conditions of the Planning Department listed in #5 of
the staff report are met, 2) All conditions of the Engineering Department listed in #6 of the staff
report are met, and 3) All conditions of the Fire Department listed in #8 of the staff report are
met, was made by L. Spataro, supported by T. Harryman and approved, with S. Warmington and
B. Larson voting nay. In addition, Planning Commission members wanted to make it clear that
the Planning Commission’s decision on this case is not to be construed as an endorsement of, or
an opposition to, the Muskegon Yacht Club’s pending request to the DEQ regarding additional
boat slips and/or dock space. The Planning Commission is completely neutral on that issue.
OTHER
None
There being no further business, the meeting was adjourned at 5:30 p.m.
dml
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 12, 2010
Case 2010- 31: Request to amend Article II (Definitions) of the zoning ordinance to include a
definition for Transitional Living Center, by West Michigan Therapy, Inc.
BACKGROUND
West Michigan Therapy, Inc, owners of 1823 Commerce St, would like to use the property for
an extension of their services. They are proposing to temporarily house those that are homeless
and at risk of being homeless and provide them with re-housing assistance services. Their goal
is to have people back living in a residence within 90 days, but they do not intend to release
anyone that has not found a home yet after those 90 days. They would like to call this type of
use a Transitional Living Center.
There are several steps that need to be taken in order for West Michigan Therapy, Inc to be
allowed to use 1823 Commerce St. for this type of use. The steps are as follows:
1) Amend the zoning ordinance to add a definition for Transitional Living Center.
They are currently requesting this with Case 2010-31. It would have to be
approved by Planning Commission and then City Commission.
2) Amend the zoning ordinance to allow Transitional Living Centers as a principal or
special use permitted in a certain zone.
This will be requested in the next case (Case 2010-32). Staff has given some
guidance and recommended that they request to allow Transitional Living Centers
as a special use permitted in RM-3, High Density Multiple Family Residential
Districts. This would have to be approved by Planning Commission and City
Commission.
3) Rezone the property.
1823 Commerce St. is currently zoned B-4, General Business District. West
Michigan Therapy, Inc. would have to request to rezone the property to RM-3,
High Density Multiple Family Residential District (if that is where Transitional
Living Centers are allowed). They would have to come back to Planning
Commission for approval of the rezoning if steps #1 and #2 are approved. The
rezoning would need to be approved by Planning Commission and City
Commission.
4) Request for a Special Use Permit for a Transitional Living Center for the building at 1823
Commerce St.
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If step #3 is approved, they would need to come back to Planning Commission for
approval of a Special Use Permit. This would only need Planning Commission
approval.
As the previous steps indicate, this would take several meetings to accomplish. At the August
Planning Commission meeting, we will be addressing steps #1 and #2. We will start with Case
2010-31.
STAFF OBSERVATIONS
Louis Churchwell, of West Michigan Therapy, Inc, has talked with some members of the Marsh
Field Neighborhood Association about this project. Ann Martin, President of the Marsh Field
Neighborhood Association has contacted staff and does have some concerns about this potential
project. She will try to make it to the August 12 Planning Commission meeting.
NEW LANGUAGE
The following is the proposed language by West Michigan Therapy.
Deletions are crossed out and additions are in bold:
Amendment to Article II, Definitions
Transitional Living Center: A facility that provides services and temporary housing to the
homeless.
a) The center must be associated with a bona fide charitable association, such as but
not limited to 501 © 3 organizations.
b) The organization must offer rapid re-housing assistance programs as well as
education on Fair Housing, Landlord Tenant Law and Community Involvement.
c) Staff must be designated twenty four hours a day/seven days a week for programs
within the organization that provide onsite overnight sleeping accommodations.
Staff has reviewed the proposed definition and has recommended some changes. Staff
recommends that Planning Commission uses the following revised definition for the motion.
Transitional Living Center: A facility that provides services and temporary housing to the
homeless.
a) The center must be associated with a bona fide charitable association, which is a 501
© organization.
b) The organization must offer rapid re-housing assistance programs as well as
education on Fair Housing, Landlord Tenant Law and Community Involvement.
8
c) Staff must be located on-site twenty four hours a day/seven days a week for
programs within the organization that provide onsite overnight sleeping
accommodations.
RECOMMENDATION
Staff recommends approval of the staff-written definition of Transitional Living Center.
DETERMINATION
The following motion is offered for consideration:
I move that the amendment to Article II (Definitions), of the City of Muskegon Zoning
Ordinance to add the staff written definition for Transitional Living Center, be recommended to
the City Commission for (approval/denial).
Hearing; Case 2010-32: Request to amend Section 901 (Special Land Use Permitted) of Article
IX (RM-3, High Density Multiple Family Residential District) of the zoning ordinance, to allow
Transitional Living Centers as a special use permitted in RM-3, High Density Multiple Family
Residential Districts, by West Michigan Therapy, Inc.
BACKGROUND
If the addition of Transitional Living Center is approved by Planning Commission, it will need to
be allowed in a zone in order for anyone to operate one. Staff recommends that Transitional
Living Centers be placed in RM-3, High Density Multiple Family Residential Districts. There
are several variations of foster care homes that are allowed in RM-1, RM-2, and RM-3 Districts.
While a Transitional Living Center is not the same thing, it is the most comparable use listed in
the zoning ordinance. Staff recommends placing Transitional Living Centers in RM-3, High
Density Multiple Family Residential Districts because they would typically house more people
than any type of foster care facility.
Zoning Ordinance excerpts:
ARTICLE IX - RM-3 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICTS
PREAMBLE
The RM-3 High Density Multiple Family Residential Districts are intended to be located in
planned areas in and adjacent to the Muskegon Central Business District, in areas where
satisfactory open space can be provided based upon District requirements, and yet maintain the
harmony and integrity of adjacent residential uses, or in areas where the location can provide
waterfront or other aesthetic vistas. Because of the density of population located in the RM-3
9
High Density Multiple Family Residential Districts, these Districts are placed where adequate
thoroughfares and ancillary services are available.
SECTION 900: PRINCIPAL USES PERMITTED
In an RM-3 High Density Multiple Family Residential District no building or land shall be used
and no building shall be erected, structurally altered, or occupied except for one (1) or more of
the following specified uses, unless otherwise provided for in this Ordinance:
1. Multiple dwellings.
2. Rooming house with a capacity of not more than five (5) roomers.
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 the 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. Adult Foster Care Family Homes, Adult Foster Care Small Group Homes, Adult Foster
Care Large Group Homes, and Adult Foster Care Congregate Facilities. [amended 11/02]
5. Accessory buildings and accessory uses customarily incidental to the above Principal
Uses Permitted.
6. Uses similar to the above Principal Uses Permitted.
SECTION 901: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]
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 applicable conditions and any other
reasonable conditions imposed by the Planning Commission:
1. 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
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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.
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
11
Commission before alcohol can be or sold.
2. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
3. Uses similar to the above Special Land Uses Permitted.
SECTION 902: PLANNED UNIT DEVELOPMENTS [amended 10/98]
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the RM-3 High Density
Multiple Family Residential District is to allow mixed land uses, which are compatible to each
other, while prohibiting nonresidential uses which would not be compatible or harmonious with
residential dwellings.
SECTION 903: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 21,780 sq. feet.
2. Density (see definition in Article II): 48 dwelling units per buildable acre.
3. Dedicated open space requirement: 15%
4. Maximum lot coverage:
Buildings: 70%
Pavement: 20%
5. Lot width: 150 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
6. Maximum building width: 50% (as a portion of the lot width).
7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
8. Height limit: 5 stories or 80 feet.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-3).
9. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
Minor Street: 20 feet
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10. Rear setback: 30 feet
11. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
12. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
4-story: 16 feet and 20 feet
5-story: 20 feet and 24 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
13. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
14. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 901 of Artilce IX, “Special Uses Permitted”
New #2
2) Transitional Living Centers, where no more than fifty (50) people are provided with
temporary housing at one time.
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STAFF RECOMMENDATION
Staff recommends allowing Transitional Living Centers as a special use permitted in RM-3, High
Density Multiple Family Residential Districts.
DELIBERATION
I move that the amendment to Section 901, #2, of Article IX, of the City of Muskegon Zoning
Ordinance, be recommended to the City Commission for (approval/denial).
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Case 2010-33: Site Plan Review (amendment) – 2477 Henry Street (Betten Automotive
Hyundai Building). Request for minor expansion of the northeastern portion of the building.
BACKGROUND
Applicant: Michael Bouman, Pioneer Construction
Property Address/Location: 2477 Henry St
Request: Site Plan Review (amendment)
Present Land Use: Future Betten-Hyundai lot
Zoning: B-4, General Business District
STAFF OBSERVATIONS
1. The site plan for this project was approved on 9/12/08; however, the applicant is now
proposing to increase the size of the Hyundai building by nine percent (9%). The Zoning
Administrator is allowed to approve a change in building size up to five percent (5%), but
anything larger must go back to Planning Commission for approval.
2. The addition to the Hyundai building will decrease the total number of parking spaces by
10; however, the site plan already shows significantly more parking than necessary. The
Zoning Administrator is allowed to approve a modification of up to 10% of the total
parking area. This parking area has changed less than 10% and the Zoning Administrator
does not foresee any problems with 10 less parking spaces.
3. The site plan has one (1) item that must be addressed. The following item must be
corrected on the site plan and a revised copy submitted to the Planning Department.
a. The proposed parking calculations and building square footage listed on the right
hand side of the site plan are the same calculations listed on the site plan that was
approved on 9/12/08. These calculations must address the newly configured
parking arrangement and building modification.
4. Department of Public Works had the following comment regarding the request:
a. Foundation drainage discharge permit must be obtained, this has been an
outstanding issue.
5. The Fire Department does not have any outstanding issues with this site plan.
6. The Engineering Department does not have any outstanding issues with this site plan.
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View from Henry St, looking west. Building frame, not including the proposed addition.
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.
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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.
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
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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
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 the amended site plan approval for the building
modification to Betten-Hyundai, subject to the conditions listed below.
DETERMINATION
The following motion is offered for consideration:
I move that the amended site plan for the building modification for the property located at 2477
Henry St for Betten-Hyundai, be (approved/denied/tabled), based on the following findings and
conditions (if approved):
1. All requirements listed in item #3 of the staff report shall be provided as needed on a
revised site plan prior to issuance of a building permit.
2. All the requirements of the Department of Public Works listed in #4 of the staff report
must be met.
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