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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, December 11, 2008
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 regular meeting of November 13, 2008.
III. PUBLIC HEARINGS
A. Hearing; Case 2008-31: Request to rezone the properties located at 1264
Terrace Street and 185 E. Isabella Avenue from R-1, Single Family Residential
District to OSR, Open Space Recreation District, by Tom Pastoor, 1291 Terrace
Street, McLaughlin Neighborhood Association.
B. Hearing; Case 2008-32: Request to amend the Final PUD for 100 Muskegon
Mall for the properties located at 241, 255 and 285 W. Western Avenue, to
allow for a residential development, by Jonathan Rooks, Parkland Muskegon
LLC.
C. Hearing; Case 2008-33: Staff-initiated request to amend Section 2324, #1
(Temporary Buildings, Structures, and Uses) of Article XXIII, to include “movie
production” structures as permitted temporary buildings.
IV. OLD BUSINESS
V. NEW BUSINESS
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
O:\Planning\COMMON\Zoning\Planning Commission\PC Meeting Documents\PC 2008\2008 PC staff reports\PC 12 11 08\PC 12 11 08
agenda.doc
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
December 11, 2008
Hearing; Case 2008-31: Request to rezone the properties located at 1264 Terrace Street and
185 E. Isabella Avenue from R-1, Single Family Residential District to OSR, Open Space
Recreation District, by Tom Pastoor, 1291 Terrace Street, McLaughlin Neighborhood
Association.
BACKGROUND
Applicant: Tom Pastoor, McLaughlin Neighborhood Association
Property Address/Location: 1264 Terrace Street and 185 E. Isabella Avenue
Request: Rezone from R-1, Single Family Residential District to
OSR, Open Space Recreation District
Present Land Use: Vacant
Zoning: R-1, Single Family Residential District
STAFF OBSERVATIONS
1. The properties that are the subject of this request are presently vacant, but being used by
the McLaughlin Neighborhood Association for neighborhood gatherings. They have a
long term lease with the City for 1264 Terrace, and a maintenance agreement with the
City for 185 E. Isabella.
2. Since the McLaughlin Neighborhood does not have their own park, they wish to develop
the property into a neighborhood park. Their plans include erecting a picnic shelter, as
well as adding other upgrades to the property. Since those improvements aren’t allowed
on a lot zoned R-1 without a principal structure, rezoning to OSR seems to be a good
solution for them.
3. The Zoning Ordinance allows “parks, playgrounds and playfields” in the OSR zoning
district as principal uses, and the district language states that these districts “are intended
for permanent open spaces in the City”.
4. The 1997 Master Plan Future Land Use Map identified this property as “Residential”,
however since parks are meant to serve residential area, this use is complementary.
5. Minimum size for a lot in OSR is 21,780 square feet, with 75 feet of frontage on a street.
These two lots together are 22,704 square feet, and has more than the required frontage.
6. The areas surrounding these two properties are all zoned R-1. However, Staff does not
believe this request would result in a spot zone, since it isn’t inconsistent with other uses
in the area, and it would not benefit an individual land owner rather than the broad public
interest.
7. Staff has received no comments regarding this request.
View of 1264 Terrace Street. View of 185 E. Isabella Street.
ORDINANCE EXCERPTS
ARTICLE IV - R ONE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
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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-1, Single 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.
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.
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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:
(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
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(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,
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.
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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.
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, dry
goods, and notions or hardware.
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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
Commission before alcohol can be or sold.
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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.
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.
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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.
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.
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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. Exception: Homes located in an established Historic
District may be up to 3 stories or 45 feet, if found to be compatible with other homes
within 600 feet. [amended 9/08]
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).
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.
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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.
OSR Open Space Recreation
ARTICLE XVII - OSR OPEN SPACE RECREATION DISTRICTS
PREAMBLE
The OSR Open Space Recreation Districts are intended to provide for permanent open spaces in
the City and are designed to provide recreational activities that are limited to country clubs,
marinas, and the like. These Districts are further intended to safeguard the natural features of the
City, and the health, safety, and welfare of the citizens of Muskegon and the adjacent area by
limiting developments to locations where police and fire protection, or protection against
flooding by high water table or storm water, or dangers from excessive erosion are not possible
without excessive costs to the City.
SECTION 1700: PRINCIPAL USES PERMITTED
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In the OSR Open Space Recreation Districts, 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 used, unless otherwise provided in this Ordinance:
1. Fishing docks and piers.
2. Hiking, bicycling, jogging, or ski trails.
3. Wildlife preserves or refuge structures.
4. Watershed or erosion protection facilities.
5. Parks, playgrounds, and playfields.
6. Accessory uses customarily incidental to the above Principal Uses Permitted.
7. Uses similar to the above Principal Uses Permitted.
SECTION 1701: SPECIAL LAND USES PERMITTED
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. Country clubs.
2. Marinas for the berthing and servicing of boats, but without major repair or storage
facilities.
3. Public and private utilities and services.
4. Seasonal, recreational, campers and trailer parks, and facilities.
5. Amusement facilities excepting outdoor theaters, adult theaters, and adult bookstores.
6. Seasonal or year-round craft shops.
7. Conference and reception auditoriums.
8. Galleries and museums.
9. Open air amphitheaters.
10. Restaurants and cocktail lounges.
11. Any other similar uses or activity requiring buildings or structures.
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12. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
13. Uses similar to the above Special Land Uses Permitted.
SECTION 1702: PLANNED UNIT DEVELOPMENT
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the OSR Open Space
Recreation Districts is to allow mixed land uses which are compatible to each other, while
prohibiting uses which would not be compatible or harmonious with permitted uses.
SECTION 1703: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 21,780 sq. feet.
2. Maximum lot coverage:
Buildings: 20%
Pavement: 15%
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: 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 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 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: 6 feet and 10 feet
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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]
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.
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]
RECOMMENDATION
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject property from R-1, Single Family
Residential district to OSR, Open Space Recreation district, because the request conforms to the
goals and recommendation of the City’s 1997 Master Plan and Future Land Use Plan and zoning
district intent.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the
approval or denial of the petition?
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3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in the
future if the petition is approved?
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City?
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites,
or wildlife areas.
7. Is the proposed zoning change a “Spot Zone”?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those allowed in
the vicinity?
c. Would the zoning change confer a benefit to the property owner that is not
generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the properties located at 1264 Terrace Street and 185 E. Isabella
Avenue from R-1, Single Family Residential district to OSR, Open Space Recreation 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.
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Hearing; Case 2008-32: Request to amend the Final PUD for 100 Muskegon Mall for the
properties located at 241, 255 and 285 W. Western Avenue, to allow for a residential
development, by Jonathan Rooks, Parkland Muskegon LLC.
BACKGROUND
Applicant: Jon Rooks, Parkland Muskegon, LLC
Property Address/Location: 241, 255, and 285 W. Western Avenue
Request: PUD Amendment
Present Land Use: Vacant Former Bank Building and Vacant Land
Zoning: B-3, Central Business, with PUD Overlay
STAFF OBSERVATIONS
1. The properties in question include the former Hackley/Comerica Bank building, and two
vacant parcels to the northeast, facing W. Western Avenue between First and Jefferson
Streets.
2. The original request was for a mixed use commercial and residential development that
will involve the rehabilitation of the former bank building and the construction of a two-
story addition facing W. Western Avenue. The change proposed will eliminate the
commercial element from the two-story addition. Instead the residential units planned for
the first floor will be enlarged to include the front area, originally proposed for
commercial. Where the units would have been efficiency units, they will now be
expanded to one-bedroom units.
3. The entire building addition will also be set back from Western Avenue 8 feet to allow
for small gardens and front gates to be installed.
4. This request is made due to the financing difficulties in these hard economic times.
DMDC has approved of this change to the development (see following document).
5. The zoning of the property is B-3, Central Business with a PUD overlay. The properties
surrounding the site are all zoned B-3.
6. The former Hackley/Comerica Bank building is an 8-story building that previously
housed a bank on the first floor and offices on the other floors. The addition will consist
of 2 stories, with the total of 70 units between the current building and the addition. The
number of units has not changed from the original request.
7. The parking numbers have also changed. There were originally 18 garages and 39
surface parking spaces. The new plan has eliminated 3 garages and 4 other parking
spaces for a total of 50 spaces. A total of 105 residential spaces are required. The
remaining spaces will be covered with a shared parking agreement for an additional 60
parking spaces, a copy of which has been submitted to the Planning Department.
8. The Planning Department has the following conditions of approval:
a. Proposed decorative fencing and gate heights must be indicated on plan. Height
limitation in residential front yards, is 3 feet, unless an open fence, such as chain
link or picket fencing is used, in which case it may be a maximum of 4 feet.
b. Indicate zoning classifications of abutting properties.
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c. Outdoor lighting must be indicated on site plan as 100% cut-off. Pole height limit
is 25 feet.
d. A sign permit will be required.
9. No comments were available from Fire, DPW, and Engineering at the time of this staff
report, however if any conditions are required for approval, staff will bring those to the
meeting.
10. Staff has received no comments regarding this request.
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PLANNING COMMISSION
STAFF REPORT ADENDUM
December 11, 2008
Hearing; Case 2008-32: Request to amend the Final PUD for 100 Muskegon Mall for
the properties located at 241, 255 and 285 W. Western Avenue, to allow for a residential
development, by Jonathan Rooks, Parkland Muskegon LLC.
The Engineering Department has the following comments regarding the site plan:
1. Show or be aware of existing irrigation and street light conduits in public right-of-
way.
2. The access south of proposed improvements is not a public alley as referred to on
plans. Confirm with Dan Rinsema-Sybenga.
3. I believe there is a fiber optic cable to Baker College building within what is
referred to as the “public alley”.
4. The proposed hydrant on Jefferson needs to provide thrust block to protect against
movements.
The Fire Department has no issues with the new site plan.
The DPW has no issues with the new site plan.
O:\Planning\COMMON\Zoning\Planning Commission\PC Meeting Documents\PC 2008\2008 PC staff reports\PC 12 11 08\Adendum
to PC staff report - 12-11-08.doc
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View of vacant lot at Western & Jefferson. View of former Comerica Building.
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ORDINANCE EXCERPTS
Planned Unit Developments
Excerpted from Section 2101: Development Options
1. Planned Unit Development (PUD) Purpose
The purpose of this option is to permit flexibility in the regulation of land development;
encourage innovation in land use and variety in design, layout, and type of structures
constructed; achieve economy and efficiency in the use of land, natural resources and
utilities; encourage provision of useful open space; provide adequate housing,
employment, and shopping opportunities particularly suited to the needs of the residents
of the City of Muskegon and encourage the use, reuse, and improvement of existing sites
and buildings when the uniform regulations contained in zoning districts do not provide
adequate protection and safeguards for the site or surrounding area.
This option is intended to accommodate developments with mixed or varied uses, to
allow some degree of flexibility in the application of standards and regulations in this
Ordinance to achieve innovation to development on sites with unusual topography or
unique settings within the community, or on land which exhibits difficult or costly
development problems, and shall not be allowed where this option is sought primarily to
avoid the imposition of standards and requirements of zoning classifications rather than
to achieve the stated purposes above.
a. Planned Unit Development Regulations, Standards and Requirements
1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written authorization
of all property owners.
2) The application shall meet the criteria established in each specified
zoning district.
b. PUD Review Procedures
1) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD plan to
determine its suitability.
4) The final phase shall require a detailed development plan for any part of
the approved conceptual PUD plan.
c. Standards for Approval of PUD Plans
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The Planning Commission shall approve, deny or modify preliminary PUD plans,
based upon the following standards. Likewise, the City Commission shall
approve, deny, or modify final PUD plans (after review and recommendation by
the Planning Commission) based upon the following standards.
1) The uses proposed will have a beneficial effect, in terms of public health,
safety, welfare, or convenience of any combination thereof, on present and
potential surrounding land uses. The uses proposed will not adversely
affect the public utility and circulation systems, surrounding properties, or
the environment.
2) The uses proposed should be consistent with the land use plans adopted by
the City.
3) The amount of open space provided, which the Planning Commission or
City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
4) The amount of off-street parking areas, which the Planning Commission
or City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
5) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.
6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
70 The uses proposed will result in safe, convenient, uncongested and well
defined vehicular and pedestrian circulation systems.
2. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary phase
approval:
a. A general development plan depicting the proposed locations of streets, parking
areas, open spaces, buildings and structures, and their spatial relationships, the
relationship to off-site improvements and infrastructure and any unusual
topographic features.
1) Approval by the Planning Commission of the PUD Preliminary Plan shall
remain in effect for a period not to exceed three (3) years from the date of
approval.
3. Final PUD Plan Submission
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The applicant shall submit together with the application for PUD final phase approval,
development plans in sufficient detail and in so far as possible the specific locations and
dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck docks and
service drives;
b. all buildings and structures, elevations and spacial relationships;
c. landscaping, buffers, fences, and protective walls;
d. open space areas and other significant environmental features;
e. existing and final topographic changes;
f. identification and directional signage;
g. property survey prepared and certified by a licensed land surveyor;
4. Amendments to an Approved Final PUD Plan
a. Incidental or minor changes may be approved by the Planning Commission if the
proposed modifications do not alter the basic design or land uses of the plan.
b. If the Planning Commission determines that the proposed modifications are
significant or major, a public notice and public hearing in accordance with
Section 2332 must be conducted prior to approval or denial.
5. PUD Development Time Limits
a. Construction of the improvements shown on the approved final PUD plan with all
proposed buildings, parking areas, landscaping and infrastructure must commence
within one year of approval by the City Commission.
b. Construction must be continued in a reasonable, diligent manner and be
completed within five (5) years.
c. Said five (5) year period may be extended if applied for in writing by the
petitioner and granted by the City Commission following public notice and public
hearing in accordance with Section 2332 of this ordinance. Failure to secure an
extension shall result in a stoppage of all construction.
STAFF RECOMMENDATION
Staff recommends approval of the request to amend the Final PUD for 100 Muskegon Mall, for
properties at 241, 255, and 285 W. Western Avenue, with the listed conditions.
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DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2331of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the minor amendment to the Final PUD for 100 Muskegon Mall for properties at
241, 255, & 285 W. Western Avenue be (approved/denied) pursuant to the determination of
(compliance/lack of compliance) with the intent of the City Zoning Ordinance and City Master
Land Use Plan, subject to the following condition:
1. All revisions to the site plan listed in #8 of the staff report are completed and approved by
the Planning Department.
2. All conditions of the Fire Department, DPW, or Engineering Department are met.
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Hearing; Case 2008-33: Staff-initiated request to amend Section 2334, #1 (Temporary
Buildings, Structures, and Uses) of Article XXIII, to include “movie production” structures as
permitted temporary buildings.
BACKGROUND
With recent tax abatements passed by the State of Michigan, Muskegon, along with all of West
Michigan is beginning to experience much movie industry interest in working in the City. For
example, the Watermark is in the planning process for a large movie studio.
When movie companies come to a location to shoot films, they often need to erect temporary
buildings of one sort of another as part of their sets, or to provide shelter and protection for
equipment. Our present zoning ordinance does allow for temporary buildings for many kinds of
temporary uses, such as classrooms, Christmas tree sales, and real estate offices. It doesn’t
provide for temporary buildings for movie production.
Temporary structures require a “Temporary Zoning Permit”, which is issued by the Zoning
Administrator, and signed by either the property owner, the property lessee, or in this case
someone authorized to sign from the production company.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Changes to Section 2324, #1, of Article XXIII, General Provisions:
g. Movie Production: Temporary buildings which are part of a movie production project
are allowed. All conditions of the City’s “Film & Music Events Policy” must be met before the
temporary buildings are put in place. The buildings must be removed from the site within fifteen
(15) days of the completion of the project. Maximum time allowed shall be approved by the
Zoning Administrator on a case by case basis
DELIBERATION
I move that the amendment to Section 2324, #1, of Article XXIII, General Provisions, of the City
of Muskegon Zoning Ordinance to include “movie production” structures as permitted temporary
buildings, be recommended to the City Commission for (approval/denial).
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