Planning Commission Packet 07-12-2007

The text version may not contain all the information found in the PDF or Google Docs version.

View the PDF version Google Docs PDF Viewer

CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING

DATE OF MEETING: Thursday, July 12, 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 June 14, 2007.

III. PUBLIC HEARINGS

A. Hearing; Case 2007-27: Request to rezone the property at 1024 Sophia Street,
from R-1, One Family Residential, to B-2, Convenience and Comparison
Business, by Eric Anderson, Apparelmaster-Muskegon, Inc.
B. Hearing; Case 2007-28: Request to rezone the property at 1221 W. Laketon
Avenue from R-1, One Family Residential, to RM-2, Medium Density Multiple
Family Residential, by Susan Johnson, Every Woman’s Place.
C. Hearing: Case 2007-29: Staff-initiated request to amend Section 2331
(Landscaping, Fencing, Walls, Screens, and lighting, #20, d) of Article XXIII,
clarifying the location of the “horizontal plane”.

IV. NEW BUSINESS

A. Case 2007-30: Request for site plan review for a building expansion at 1801 E.
Keating Avenue, by Peter Hungerford, ADAC Automotive.

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
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING

July 12, 2007

Hearing; Case 2007-27: Request to rezone the property at 1024 Sophia Street, from R-1, One
Family Residential, to B-2, Convenience and Comparison Business, by Eric Anderson,
Apparelmaster-Muskegon, Inc.

Applicant: Eric Anderson, Apparelmaster-Muskegon, Inc.

Property Address/Location: 1024 Sophia Street

Request: Rezone from R-1, One Family Residential District to B-2,
Convenience and Comparison Business District

Present Land Use: Residential

Zoning: R-1, One Family Residential District

STAFF OBSERVATIONS
1. The site presently houses a single-family home on a lot that measures 35.5 x 135 feet
(4,686 sq. ft total area). The property owner has entered into a purchase agreement with
the applicant, contingent on the rezoning of the property.
2. The applicant is the owner of the Apparrelmaster-Muskegon shop, 341 E. Apple Avenue,
located next door to the property under consideration for rezoning. This property is
zoned B-2, Convenience and Comparison Business.
3. The property to the East is zoned B-2, to the South is zoned R-1, One Family Residential,
and to the West is zoned B-4, General Business and is the location of Goodwill
Industries.
4. The applicant is requesting the rezoning so he can expand the parking for his business
onto the parcel at 1024 Sophia. He has several delivery trucks that at this time are
parking across the street at Goodwill, with a special parking agreement.
5. The Master Land Use Plan indicates the property is located in the “Downtown/Lakeshore
Redevelopment Area”. Within that area, the property appears to be in the “Service
Area”. The Service Area is described as an area that “often acts as a gateway to the
Downtown” and provides “a beneficial home for professional, government and
commercial activities”.
6. Staff has received no comments regarding this request.

2
House located at 1024 Sophia Street. Side view of Apparrelmaster from Sophia.

Front view of Apparelmaster from across Apple Avenue.

3
4
ORDINANCE EXCERPTS

ARTICLE IV - R ONE FAMILY RESIDENTIAL DISTRICTS

PREAMBLE

These districts are designed to be composed of low density residential development. The
regulations are intended to stabilize, protect, and encourage the residential character of the
district and prohibit activities not compatible with a residential neighborhood. Development is
limited to single family dwellings and such other uses as schools, parks, churches, and certain
public facilities which serve residents of the district. It is the intent of these districts to recognize
that the City of Muskegon has been developed and platted with some lots that are smaller than
those found in recently urbanized communities, and the standards in Section 2100 reflect
residential development standards that the citizens of Muskegon find to be compatible.

SECTION 400: PRINCIPAL USES PERMITTED

In R, One Family Residential, Districts no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one or more of the following specified uses,
unless otherwise provided in this Ordinance;

1. One Family detached dwellings.

2. Home occupations of a non-industrial nature may be permitted. Permissible home
occupations include, but are not limited to the following: [amended 11/02]

a. Art and craft studios, lessons may be given to one client at a time

b. Hair and nail salons, limited to one client at a time

c. Dressmaking and tailoring

d. Tutoring, limited to one student at a time

e. Typing or clerical services

f. Teaching of music or dancing or similar instruction, limited to one client at a time

g. Offices located within the dwelling for a writer, consultant, member of the clergy,
lawyer, physician, architect, engineer or accountant, limited to one client/family at
a time.

h. All home occupations are subject to the following:

i) The businessperson operating the home occupation shall reside in the
dwelling and only members of the immediate family residing on the
premises may be employed.
5
ii) The business shall have a local business license and any other appropriate
licensing or registrations required by local, state or federal law.
iii) No equipment or process shall be used in home occupations which creates
noise, vibration, glare, fumes, odor, or electrical interference detectable to
the normal senses of persons off the lot. In the case of electrical
interference, no equipment or process shall be used which creates visual or
audible interference with any radio or television receivers off the premises
or causes fluctuations in the line voltage off the premises.

iv) Explosives, flammable liquids or combustible liquids shall only be used in
compliance with the applicable fire and building codes.

v) Activities involving kilns or welding equipment shall comply with the
applicable fire and building codes.

vi) The outside appearance of the premises shall have no visible evidence of
the conduct of a home occupation.

vii) Home occupations may not serve as headquarters or dispatch centers where
employees come to the site and are dispatched to other locations.

viii) All activity must be conducted within a preexisting structure. The home
occupation shall not require internal or external alterations or involve
construction features not customarily found in dwellings.

ix) There shall be no exterior display or signage other than that signage
allowed for home occupations under the sign requirements of this
ordinance. [amended 11/00]

x) No goods shall be kept, or sold which are made or assembled off-site,
except as incidental to services rendered.

xi) The primary function of the premises shall be that of the residence of the
family, and the occupation shall not exceed twenty-five (25) percent of the
principal building.

xii) There shall be no outside storage or processing.

xiii) The home occupation shall not involve the routine use of commercial
vehicles for delivery of materials to and from the premises. There shall be
no commercial vehicles associated with the home occupation, nor parking
of more than one (1) business car, pickup truck or small van on the
premises.

xiv) Activities specifically prohibited (but not limited to) include:

6
(1) A service or repair of motor vehicles, appliances and other large
equipment

(2) A service or manufacturing process which would normally require
industrial zoning

(3) A commercial food service requiring a license

(4) A limousine service

(5) A lodging service including but not limited to, a tourist home, motel or
hotel

(6) A tattoo parlor

(7) An animal hospital or kennel

(8) A lawn service

xv) No activity legally excluded by any deed restriction or other tenant or
owner restrictions shall be permitted.

2. Adult Foster Care Family Homes, provided that such facilities shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]

3. Accessory buildings and accessory uses customarily incidental to any of the above
Principal Uses Permitted.

4. Uses similar to the above Principal Uses Permitted.

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,
7
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.

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.

8
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.

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.
9
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
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.

10
SECTION 402: [RESERVED] [amended 8/01]

SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [amended 12/97]

Planned unit developments (PUDs) may be allowed by the Planning Commission under the
procedural guidelines of Section 2101. The intent of Planned Unit Developments in the single
family residential district is to allow for flexibility in the design of housing developments,
including but not limited to condominium developments and cluster subdivisions, to allow for
the preservation of open space; allow for economies in the provision of utilities and public
services; provide recreational opportunities; and protect important natural features from the
adverse impacts of development.

1. Determination: The Planning Commission, in reviewing and approving a proposed PUD
may allow lots within the PUD to be reduced in area and width and setbacks below the
minimum normally required by this ordinance in return for common open space where it
is determined that the benefits of the cluster approach will decrease development costs,
increase recreational opportunities, or prevent the loss of natural features. The Planning
Commission, in its determination, shall consider the densities permitted in the Zoning
Ordinance and, if applicable, the land’s capability to bear the higher density.

2. Basic Requirements:

a. The net residential acreage including improvements and occupied land shall be
calculated by taking the total area of the tract and subtracting, in order, the
following:

1) Portions of the parcel(s) shown to be in a floodplain.

2) Portions of the parcel(s) which are unsuitable for development in
their natural state due to topographical, drainage or subsoil conditions
such as, but not limited to; slopes greater than 15%; organic, poorly
drained soils, and wetlands.

3) Portions of the parcel(s) covered by surface waters.

4) Portions of the tract utilized for storm water management facilities.

b. Undevelopable areas may be used for common open and recreational areas.

c. No building shall be sited on slopes steeper than 15%, within 100 feet of any
ordinary high water mark, wetland, or on soil classified as being very poorly
drained.

3. Density determination: To determine the maximum number of dwelling units permitted on
the parcel(s) of land, the net residential acreage shall be divided by the minimum lot size
required by the zoning ordinance.

11
4. Open space requirement: At least 15% of the site shall be set aside as dedicated common
open space. At least one third (1/3) of the common open space shall be usable open space.
The open space and access to it shall be permanently marked and designed so individuals in
the development are not forced to trespass to reach such recreational or common open
spaces.

5. Spacing: The distance between buildings shall not be less than 10 feet and front setbacks
shall not be less than 10 feet. In no case shall an individual dwelling lot be less than 4,000
square feet.

6. Waterfront: Where a cluster development abuts a body of water, at least 50% of the
shoreline, as well as reasonable access to it, shall be a part of the common open space land.

7. Utility of common open space: Common open space in any one residential cluster shall be
laid out, to the maximum extent feasible, to connect with other open space existing or
proposed.

8. Size: Minimum parent parcel size is 21,780 square feet (one-half acre).

9. Bonus units: Where the developer provides additional open space or amenities within the
development, additional density may be granted. A maximum of a 10% unit bonus may be
granted to the development for additional amenities such as: public trail easements,
additional open space, additional common waterfront area, and additional landscaping.

SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]

1. Minimum lot size: 6,000 sq. feet

2. Density (see definition in Article II): 7 dwelling units per buildable acre.

3. Maximum lot coverage:
Buildings: 50%
Pavement: 10%

4. Lot width: 50 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).

5. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than
three (3) times longer its width.
6. Height limit: 2 stories or 35 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).

12
7. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
Minor Street: 15 feet

Note: For minimum front setbacks new principal structures on minor streets may align
with existing principal structures in the immediate area even if the front setback is below
the minimum required.

8. Rear setback: 30 feet

9. Setback from the ordinary high water mark or wetland: 30 feet (principal structures
only).

10. Side setbacks:
1-story: 6 feet and 10 feet
2-story: 8 feet and 12 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]

11. 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.

13
B-2 Convenience and Comparison Business

ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS

PREAMBLE

The B-2 Convenience and Comparison Business Districts are designed for the convenience and
community shopping needs of residents in the Muskegon Area, and they are intended to be
located in planned groups near the intersection of major thoroughfares. All business
establishments shall be retail or service establishments dealing directly with consumers, and all
goods produced on the premises shall be sold at retail on the premises where produced. All
business, servicing or processing, except off-street parking or loading, shall be conducted within
a completely enclosed building, unless otherwise provided by this Ordinance and specifically
approved by the City.

SECTION 1100: PRINCIPAL USES PERMITTED

In a B-2 Convenience and Comparison Business 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. Any generally recognized retail business which supplies commodities such as: groceries,
meats, dairy products, baked goods or other foods, drugs, drygoods, and notions or
hardware.

2. Personal service establishments such as: shoe repair, dry cleaning shops, tailor shops,
beauty parlors, barber shops, banks and savings and loan offices, pharmacist and
laboratories, or any service establishment of an office-showroom or workshop nature of
an electrician, decorator, dressmaker, tailor, shoemaker, baker, printer, upholsterer,
appliance repair, photographic reproduction, and similar establishments that require a
retail character no more objectionable than the aforementioned.

3. Restaurants, or other places serving food.

4. Professional offices of doctors, lawyers, dentists, chiropractors, architects, engineers,
accountants, and similar or allied professions. Offices may be permitted for similar or
allied professions. Offices may be permitted for applied technology, light technological
research, research and development facilities with laboratories, but no industrially
oriented production facilities shall be permitted.

5. Office buildings for any of the following types of occupations: executive, administrative
and professional.

6. Post offices and other governmental office buildings.

14
7. Newspaper offices and printing offices.

8. Private clubs, lodge halls, social, and similar organizations, including assembly or rental
halls.

9. Contractor’s offices, with associated indoor storage. [amended 6/02]

a. All associated storage must be contained within a structure, and such structure
dedicated to storage shall not exceed five thousand (5,000) square feet in size.

b. No toxic, hazardous or noxious materials shall be stored on the site.

10. Recording studios. [amended 8/02]

11. Residential uses as part of a building in this business zone shall be allowed upon issuance
of a Certificate of Occupancy from the Department of Inspections, but provided that the
minimum lot area requirements of the RM-2 District are met.

12. Accessory buildings and accessory uses customarily incidental to the above Principal
Uses Permitted.

13. Uses similar to the above Principal Uses Permitted.

SECTION 1101: SPECIAL LAND USES PERMITTED

1. Automobile service stations for the sale of gasoline, oil, tires, muffler tune up, not
including major repair such as engine rebuilding, undercoating, and similar industrially
oriented activities, and subject further to the following:

a. The curb cuts for ingress and egress to a service station shall not be permitted at
such locations that will tend to create traffic hazards in the streets immediately
adjacent thereto. Entrances shall be no less than twenty-five (25) feet from a
street intersection (measured from the roadway) or from adjacent residential
property, and subject to other ordinances of the City.

b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
that ample space is available for motor vehicles which are required to wait.

c. There shall be provided, on those sides abutting or adjacent to a residential
district, a four foot (4') completely obscuring wall or fence. The height of the
wall or fence shall be measured from the surface of the ground.

15
d. All lighting shall be shielded from adjacent residential districts and from abutting
streets.

e. All rest rooms doors shall be shielded from adjoining residential property.

2. Banks with drive-in facilities, when said drive-in facilities are incidental to the principal
function.

3. Business in the character of a drive-in restaurant, or open front store, subject to the
following:

a. A setback of at least sixty (60) feet shall be provided from the street right-of-way
line of any existing or proposed major thoroughfare.

b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets

4. 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 buildings that exceeds the maximum
height allowed.

5. Hotels, motels, sleeping inns and other facilities normally incidental thereto subject to the
following conditions:

a. The maximum length of stay at the facility shall not be greater than fourteen (14)
consecutive days.

b. Kitchen facilities may be allowed for some or all of the guest units, at the
discretion of the Planning Commission, provided that not more than fifty percent
(50%) of the units have such facilities.

c. The minimum floor area of each guest unit shall contain not less than two-
hundred (200) square feet. Each guest unit shall contain a private rest room.

d. The minimum lot area shall be one-half (1/2) acre with a minimum width of
seventy-five (75) feet. For any new development containing less than one (1) acre
there shall be at least sixteen hundred (1600) square feet of lot for each guest
rental unit. In no case is a development to exceed 24 total units.
16
e. Parking shall be provided on-site.

f. The Planning Commission may require a common open space area of one
hundred (100) square feet per unit with tables and seating. This area may be
located in the required setback.

6. Stores selling second hand merchandise, subject to the following: [amended 12/01]

a. The site shall be located within or adjacent to an established, identifiable
commercial corridor.

b. The store will be associated with a bona fied charitable organization, such as but
not limited to 501(c)3 organizations.

7. Business schools, or private schools operated for profit. Examples of private schools
permitted herein include, but are not limited to, the following: dance schools, music and
voice schools, and art studios: [amended 5/02]

a. Parking is required to be provided on the same site as the building. Shared
parking will be allowed, if it is irrevocable, and if it will not consume any parking
needed for a separate use.

8. Contractor’s offices, with associated indoor storage of over five thousand (5,000) square
feet in size. [amended 6/02]

a. All associated storage must be contained within a structure.

b. No toxic, hazardous or noxious materials shall be stored on the site.

9. Live music concert halls, under the following conditions: [amended 8/02]

a. The business will operate in such a manner as to comply with the Noise
Ordinance enacted by the City of Muskegon. No music (either live or piped) will
be permitted outside the building.

b. The business will not be permitted to serve alcohol at any time to any person.

c. The business will maintain security staff, both inside and outside the building, at
all times when open to customers. Loitering will not be permitted on or around
the site.

d. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.

e. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
17
f. Security lighting will be provided for the site.

10. Self-serve, coin operated, automobile car wash, enclosed in a building.

11. Indoor Theaters [amended 5/04]

a. Parking must be either on site or with an irrevocable shared parking agreement.

12. Veterinary clinics, without outdoor kennels. [amended 6/05]

13. Antique Shops. [amended 10/05]

14. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.

15. Uses similar to the above Special Land Uses Permitted.

SECTION 1102: PLANNED UNIT DEVELOPMENTS

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the B-2 Convenience
and Comparison Business Districts 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 1103: AREA AND BULK REQUIREMENTS [amended 4/00]

1. Minimum lot size: 10,890 sq. feet.

2. Maximum lot coverage:
Buildings: 70 %
Pavement: 25 %

3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).

4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.

5. Height Limit:
Maximum height: 2 stories or 35 feet
Minimum height: 2 stories or 35 feet.

Minimum heights are in the form of an "overlay district" on the following street
corridors:

Western Avenue; from Ninth Street to Pine Street.
18
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Avenue to Apple Avenue.

6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet

7. Rear setback: 10 feet

8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).

9. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 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]

10. 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.
19
11. 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]

STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject properties from R-1, One Family
Residential to B-2, Convenience and Comparison Shopping district, because the request
conforms to the goals and recommendation of the City’s 1997 Master Plan.

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?

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?

20
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 property located at 1024 Sophia Street from R-1, One
Family Residential district to B-2, Convenience and Comparison Business 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.

21
Hearing; Case 2007-28: Request to rezone the property at 1221 W. Laketon Avenue from R-1,
One Family Residential, to RM-2, Medium Density Multiple Family Residential, by Susan
Johnson, Every Woman’s Place.

Applicant: Susan Johnson, Every Woman’s Place

Property Address/Location: 1221 W. Laketon Avenue

Request: Rezoning from R-1, One Family Residential to RM-2,
Medium Density Multiple Family Residential

Present Land Use: Multi-family Residential

Zoning: R, One Family Residential District

STAFF OBSERVATIONS
1. The site is a 5.63 acre parcel that presently contains a building owned and occupied by
Every Woman’s Place.
2. The applicant is requesting a rezoning from R-1, One Family Residential, to RM-2,
Medium Density Multiple Family Residential. Presently, the agency is a legal non-
conforming use. The purpose of the rezoning is to allow the agency to expand to
accommodate their growing clientele. Since expansion of a nonconforming use is only
allowed up to expand up to 25%, and then only with Planning Commission approval,
staff recommended that the agency seek a rezoning.
3. The property to the north, south and east are also zoned R-1, and the property to the west
is zoned OSC, Open Space Conservation.
4. The Future Land Use Map shows this property (Sub-Area 6) as “Public/Quasi-Public”.
The Master Plan also states: “It is the goal of the Master Plan to retain the mixed-use
character of Sub-Area 6 and to demonstrate how varying land uses may co-exist, as well
as compliment each other.”
5. Vice Mayor Steve Gawron sent an e-mail opposing the request, a copy of which is
included in the staff report packet.

22
Building presently occupied by Every Woman’s Place.

Vacant portion of the parcel where the addition is planned.

23
ORDINANCE EXCERPTS

ARTICLE IV - R ONE FAMILY RESIDENTIAL DISTRICTS

PREAMBLE

SECTION 400: PRINCIPAL USES PERMITTED

2. Home occupations of a non-industrial nature may be permitted. Permissible home
occupations include, but are not limited to the following: [amended 11/02]

a. Art and craft studios, lessons may be given to one client at a time

b. Hair and nail salons, limited to one client at a time

c. Dressmaking and tailoring

d. Tutoring, limited to one student at a time

e. Typing or clerical services

f. Teaching of music or dancing or similar instruction, limited to one client at a time

g. Offices located within the dwelling for a writer, consultant, member of the clergy,
lawyer, physician, architect, engineer or accountant, limited to one client/family at
a time.

h. All home occupations are subject to the following:

i) The businessperson operating the home occupation shall reside in the
dwelling and only members of the immediate family residing on the
premises may be employed.

ii) The business shall have a local business license and any other appropriate
licensing or registrations required by local, state or federal law.
iii) No equipment or process shall be used in home occupations which creates
noise, vibration, glare, fumes, odor, or electrical interference detectable to
the normal senses of persons off the lot. In the case of electrical
interference, no equipment or process shall be used which creates visual or
audible interference with any radio or television receivers off the premises
or causes fluctuations in the line voltage off the premises.
iv) Explosives, flammable liquids or combustible liquids shall only be used in
compliance with the applicable fire and building codes.
v) Activities involving kilns or welding equipment shall comply with the
applicable fire and building codes.
vi) The outside appearance of the premises shall have no visible evidence of
the conduct of a home occupation.
vii) Home occupations may not serve as headquarters or dispatch centers
where employees come to the site and are dispatched to other locations.
viii) All activity must be conducted within a preexisting structure. The home
occupation shall not require internal or external alterations or involve
construction features not customarily found in dwellings.

25
ix) There shall be no exterior display or signage other than that signage
allowed for home occupations under the sign requirements of this
ordinance. [amended 11/00]
x) No goods shall be kept, or sold which are made or assembled off-site,
except as incidental to services rendered.
xi) The primary function of the premises shall be that of the residence of the
family, and the occupation shall not exceed twenty-five (25) percent of the
principal building.
xii) There shall be no outside storage or processing.
xiii) The home occupation shall not involve the routine use of commercial
vehicles for delivery of materials to and from the premises. There shall be
no commercial vehicles associated with the home occupation, nor parking
of more than one (1) business car, pickup truck or small van on the
premises.
xiv) Activities specifically prohibited (but not limited to) include:

(1) A service or repair of motor vehicles, appliances and other large
equipment

(2) A service or manufacturing process which would normally require
industrial zoning

(3) A commercial food service requiring a license

(4) A limousine service

(5) A lodging service including but not limited to, a tourist home,
motel or hotel

(6) A tattoo parlor

(7) An animal hospital or kennel

(8) A lawn service

xv) No activity legally excluded by any deed restriction or other tenant or
owner restrictions shall be permitted.

2. Adult Foster Care Family Homes, provided that such facilities shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]

3. Accessory buildings and accessory uses customarily incidental to any of the above
Principal Uses Permitted.

4. Uses similar to the above Principal Uses Permitted.

SECTION 401: SPECIAL LAND USES PERMITTED [amended 2/02]

26
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]

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.

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.

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:
27
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 z
oned for residential use not less than thirty (30) feet.

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.

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
28
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.

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.

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
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.
29
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.

SECTION 402: [RESERVED] [amended 8/01]

SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [amended 12/97]

2. Basic Requirements:

a. The net residential acreage including improvements and occupied land shall be
calculated by taking the total area of the tract and subtracting, in order, the
following:

1) Portions of the parcel(s) shown to be in a floodplain.

2) Portions of the parcel(s) which are unsuitable for development in their
natural state due to topographical, drainage or subsoil conditions such as,
but not limited to; slopes greater than 15%; organic, poorly drained soils,
and wetlands.

30
3) Portions of the parcel(s) covered by surface waters.

4) Portions of the tract utilized for storm water management facilities.

b. Undevelopable areas may be used for common open and recreational areas.

c. No building shall be sited on slopes steeper than 15%, within 100 feet of any
ordinary high water mark, wetland, or on soil classified as being very poorly
drained.

4. Open space requirement: At least 15% of the site shall be set aside as dedicated common
open space. At least one third (1/3) of the common open space shall be usable open space.
The open space and access to it shall be permanently marked and designed so individuals in
the development are not forced to trespass to reach such recreational or common open
spaces.

6. Waterfront: Where a cluster development abuts a body of water, at least 50% of the
shoreline, as well as reasonable access to it, shall be a part of the common open space land.

7. Utility of common open space: Common open space in any one residential cluster shall be
laid out, to the maximum extent feasible, to connect with other open space existing or
proposed.

8. Size: Minimum parent parcel size is 21,780 square feet (one-half acre).

SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]

1. Minimum lot size: 6,000 sq. feet

2. Density (see definition in Article II): 7 dwelling units per buildable acre.

3. Maximum lot coverage:
Buildings: 50%
Pavement: 10%

31
4. Lot width: 50 feet (shall be measured at road frontage unless a cul-de-sac, then measured
from setback).

5. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
6. Height limit: 2 stories or 35 feet.

7. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
Minor Street: 15 feet

Note: For minimum front setbacks new principal structures on minor streets may align
with existing principal structures in the immediate area even if the front setback is below
the minimum required.

8. Rear setback: 30 feet

9. Setback from the ordinary high water mark or wetland: 30 feet (principal structures
only).

10. Side setbacks:
1-story: 6 feet and 10 feet
2-story: 8 feet and 12 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]

11. 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
32
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.

ARTICLE VIII - RM-2 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICTS

PREAMBLE

The RM-2 Medium Density Multiple Family Residential Districts are intended to be selectively
planned at locations in the City so as to provide transition between nonresidential areas and One
and Two Family Residential Districts, and between nonresidential areas and the RM-1 Low
Density Multiple Family Residential.

SECTION 800: PRINCIPAL USES PERMITTED

In a RM-2 Medium Density Multiple Family Residential District 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. All Principal Uses Permitted in the R One Family Residential Districts, RT Two Family
Residential Districts, and RM-1 Low Density Multiple Family Residential Districts,
subject to the applicable regulations of this District.

2. Accessory uses and accessory buildings customarily incidental to the above Principal
Uses Permitted.

3. Adult Foster Care Large Group Homes. [amended 11/02]

4. Uses similar to the above Principal Uses Permitted.

SECTION 801: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]

1. All Section 601 and 701 Special Land Uses Permitted in the RT Two Family Residential
Districts and RM-1 Low Density Multiple Family Residential Districts, subject to the
applicable regulations of this District.

2. Adult Foster Care Congregate Facilities, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]
33
3. 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.

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.

34
6) Hours of operation may be limited by the Planning Commission.

7) Signs must comply with those set forth for the residential zoning district.

4. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.

5. Uses similar to the above Special Land Uses Permitted.

SECTION 802: PLANNED UNIT DEVELOPMENT [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-2 Medium
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 803: AREA AND BULK REQUIREMENTS [amended 4/00]

1. Minimum lot size: 14,520 sq. feet.

2. Density (see definition in Article II): 24 dwelling units per buildable acre.

3. Dedicated open space requirement: 15%

4. Maximum lot coverage:
Buildings: 70%
Pavement: 20%

5. Lot width: 125 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: 4 stories or 60 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
35
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).

12. Front Setbacks: [amended 1/05]
9.
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Street: 25 feet
Minor Street: 20 feet

10. Rear setback: 30 feet

11. Setback from the ordinary high water mark or wetland: 50 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

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]

36
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject properties from R-1, One Family
Residential to RM-2, Medium Density Multiple Family Residential, because the request
conforms to the goals and recommendation of the City’s 1997 Master Plan.

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?

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:

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.

37
DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the property located at 1221 W. Laketon Avenue from R-1,
One Family Residential district to RM-2, Medium Density Multiple 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.

38
Hearing: Case 2007-29: Staff-initiated request to amend Section 2331 (Landscaping, Fencing,
Walls, Screens, and lighting, #20, d) of Article XXIII, clarifying the location of the “horizontal
plane”.

BACKGROUND

The Zoning Ordinance requirements for outdoor lighting were amended in 1998. At that time
the present requirement for 100% cut-off lighting was put into place. The reasons behind this
requirement were two fold. It is best to keep the light concentrated in the areas where it is
needed for safety reasons, and also to protect the environment in several ways. Keeping outdoor
lighting directed downward helps eliminate sky glow, light trespass, glare, clutter and confusion,
energy waste and financial waste.

Recently, a variance was obtained to this section of the ordinance to allow lights shining up into
the sky to wash the wall of an office building on our lakeshore. One of the arguments made by
the applicant was that our zoning ordinance didn’t designate where the “horizontal plane” was,
and the applicant interpreted it to be the top of the building. In order to further tighten this
language so it meets the intent under which it was written into the ordinance, staff recommends
the following addition:

NEW LANGUAGE

Deletions are crossed out and additions are in bold:

d. Lighting fixtures shall be a down-type having one hundred percent (100%) cut off. The
light rays may not be emitted by the installed fixture at angles above the horizontal plane
passing through the lowest point on the light fixture from which the light is omitted,
as certified by the manufacturer's photometric test.

DELIBERATION

I move that the amendment to Section 2331(Landscaping, Fencing, Walls, Screens, and Lighting,
#20, d), of Article XXIII, General Provisions, of the City of Muskegon Zoning Ordinance, be
recommended to the City Commission for (approval/denial).

39
Case 2007-25: Request for site plan review for a building expansion at 1801 E. Keating
Avenue, by Peter Hungerford, ADAC Automotive.

Applicant: Peter Hungerford, ADAC Automotive

Property Address/Location: 1801 E. Keating Avenue

Request: Site Plan Approval for an Industrial Building Addition

Present Land Use: Industrial

Zoning: I-1, General Industrial District

STAFF OBSERVATIONS
1. ADAC Automotive is a major Muskegon manufacturer of automotive parts. They
presently occupy the building at 1801 E. Keating Avenue, as well as the building located
on Port City Boulevard, just across the street. The present building is 146,016 sq. ft. of
manufacturing, warehouse and office space.
2. The applicant requests approval for a construction of an addition of approximately 54,000
square feet. The warehousing activities presently occupying a portion of the main
building will be moved into the new addition to make more room for manufacturing.
3. The property is zoned I-2, General Industrial, as are the properties to the north, east and
south. The property to the west is zoned R-1, One Family Residential, and is the site of
Sunrise Memorial Gardens cemetery.
4. The site plan was not delivered to Planning Department Staff until July 5th, and so there
are no comments available from other departments at the time of this staff report. City
staff has met with the applicant prior to submission of the site plan to discuss any
outstanding issues that may come to the attention of staff. If any conditions are required
from other departments, Staff will bring them to the Planning Commission meeting.
5. The Planning Department requires the following amendments to the site plan as condition
of approval:
a. Show area reference points for adjacent properties (drives, structures within 100
ft.).
b. Indicate 100% cut-off lighting for all outdoor lighting.
c. The parcel number needs to be on the site plan.
d. Include the height of the proposed addition.
e. Provide arrows showing direction of existing overland flow of storm water runoff.
f. Plan must show soil erosion and sedimentation control measures.
g. Indicate location of snow storage areas.
h. The compactors/dumpsters must be located at least 5 feet from the building.
i. Indicate location of fire lane and key lock box for fire access.
j. If there is any storage of hazardous or toxic substances on the site, please indicate
the location.
k. The fence located at the rear (south) of the property will need to be relocated.
Show the new location and height of the fence.
40
l. Show areas that will be grass or ground cover.
m. The landscaping plan indicates that the applicant will make use of trees presently
on the site. This is an acceptable alternative to planting more trees. All trees not
specifically needed to be removed for construction must be retained, so the
landscaping plan meets the minimum number of canopy, understory\evergreen
trees and shrubs.

6. Staff has received no comments regarding this request.

Building view from E. Keating Avenue. Loading docks on E. Keating Avenue.

Views of the rear of the ADAC building in the area where the addition will be constructed.

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.
41
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.

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
42
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
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.
43
RECOMMENDATION

Staff recommends approval of the request for site plan approval for an industrial building
addition at 1801 E. Keating Avenue, subject to the conditions listed below.

DETERMINATION

The following motion is offered for consideration:

I move that the site plan for an industrial building addition, located at 1801 E. Keating Avenue
for Peter Hungerford, ADAC Automotive, be (approved/denied/tabled), based on the following
findings and conditions (if approved):

1. All requirements addressed in item #5 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, Engineering, or DPW also be met.

Go to the top of the page.