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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, May 15, 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 April 10, 2008.
III. PUBLIC HEARINGS
A. Hearing; Case 2008-10: Request to vacate the east/west section of the alley
and the southerly 60 feet of the north/south section of the alley in the City of
Muskegon’s Westermans Subdivision, bounded by Ray Street, Laketon
Avenue, Getty Street, and Holbrook Avenue, by David Hudelson, 1868 Ray
Street.
B. Hearing; Case 2008-11: Request to rezone the property at 381 E. Laketon
Avenue from B-2, Convenience and Comparison Business District, to B-4,
General Business District, by Aron Bravata, B & D Holdings.
C. Hearing; Case 2008-12: Request for a Special Land Use Permit, per Section
1301 (#1) of Article XIII (B-4, General Business Districts) of the Zoning
Ordinance to allow a used car lot with showroom in a B-4 district at 381 E.
Laketon Avenue by Aron Bravata, B & D Holdings.
D. Hearing; Case 2008-13: Request for a Special Land Use Permit, per Section 701
(#7) of Article VII (RM-1, Low Density Multiple-Family Residential Districts) of
the Zoning Ordinance to allow for a home for the aged and adult day care in an
RM-1 district at 2140 Valley Street by Joan Lillian McPherson, Holy Trinity
Care Center.
IV. NEW BUSINESS
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
May 15, 2008
Hearing; Case 2008-10: Request to vacate the east/west section of the alley and the southerly
60 feet of the north/south section of the alley in the City of Muskegon’s Westermans
Subdivision, bounded by Ray Street, Laketon Avenue, Getty Street, and Holbrook Avenue, by
David Hudelson, 1868 Ray Street.
BACKGROUND
The east west section of the alley runs parallel to the side of the applicant’s home at 1868 Ray
Street. Across the alley from his house is property owned by Emanual Tabernacle Church.
There is a guard rail and a fence running along the alley that separates it from the church
property. Staff drove the alley, as well as both Ray and Getty Streets. No homes backing up to
the alley need the alley for access to their property, except the applicant. His garage takes access
off the alley, and he has no other driveway available to him for parking. Closing the alley would
not pose a hardship to other residents, but would allow the applicant to access his garage and use
the present alley for his driveway. The vacation would also stop the through traffic primarily
using the alley for quick access to the convenience store on the corner of Laketon and Getty. A
letter from the applicant was included with the application, which is included in this staff report.
The Fire Department has no issues with this alley vacation request. The Engineering Department
and Department of Public Works, however, have some concerns. The City has a sanitary sewer
located in the north/south section of the alley. Muskegon County Waste Water Systems owns
and operates a 36” sewer force main in that portion of the alley as well. An easement agreement
would need to be obtained from the applicant and recorded with the Register of Deeds giving
unrestricted access to the east/west portion of the alley to both the City and the County. The
applicant is aware of this requirement, and agrees to provide that document to the City.
East/west section of the alley off Ray Street. North/south section of the alley.
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STAFF RECOMMENDATION
Staff recommends approval of the request.
DELIBERATION
I move that the vacation of the east/west section and the southerly 60 feet of the north/south
section of the alley located in the City of Muskegon’s Westermans Subdivision, bounded by Ray
Street, Laketon Avenue, Getty Street and Holbrook Avenue, be recommended to City
Commission for (approval/denial), based on (compliance/lack of compliance), with the City’s
1997 Master Land Use Plan, with the following conditions:
1. All utility easements will be retained.
2. An easement agreement be provided by the applicant which gives unrestricted access to
the City of Muskegon and Muskegon County Waste Water System for access to the
sewer lines located in the north/south section of the alley.
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Hearing; Case 2008-11: Request to rezone the property at 381 E. Laketon Avenue from B-2,
Convenience and Comparison Business District, to B-4, General Business District, by Aron
Bravata, B & D Holdings.
Applicant: Aron Bravata, B & D Holdings
Property Address/Location: 381 E. Laketon Avenue
Request: Rezoning from B-2, Convenience and Comparison
Business to B-4, General Business
Present Land Use: Commercial
Zoning: B-2, Convenience and Comparison Business
STAFF OBSERVATIONS
1. The site is a large parcel that presently that was previously the site of the Plumbs grocery
store. The building has been physically divided on the inside to create two spaces.
Currently the space to the west houses Dollar General. The east portion of the building is
vacant.
2. The applicant is requesting a rezoning from a B-2, Convenience and Comparison
Business zone, to B-4, General Business zone. The purpose of the request on the part of
the applicant is to allow a used car lot, with a showroom, located on the east portion of
the property.
3. The property to the north, across Laketon Avenue, is zoned R-1, One Family Residential,
as is the property to the south. The property to the west is zoned B-4, and the property to
the east is zoned B-2.
4. The Master Plan speaks very little to the issue of commercial properties along Laketon in
the area. The Future Land Use Map shows this area as residential, but development of
residential in a commercial building, is unlikely along this major street.
5. B-2 zoning districts are “designed for the convenience and community shopping needs of
the residents in the Muskegon Area”. The dollar store on the site tends to serve the needs
of the neighborhood, considering the lack of a grocery store in the area. Whether a used
car lot would also serve the needs of the neighborhood would be speculative, at best.
6. The B-4 zone would allow more intense uses on the site, such as auto service stations,
stores selling second hand good, veterinarian clinics without outdoor kennels, restaurants,
assembly of small parts, business schools or private schools, just to name a few. While
some of these uses would not be offensive to the residential neighborhoods located to
both the north and south, others would create increased traffic and noise.
7. Vice Mayor Steve Gawron sent an e-mail opposing the special land use permit, which is
the topic of the next case. Butch Rouwhorst, Ryke’s Bakery, 1788 Terrace Street, called
and stated that he has no problem with the rezoning or the special land use permit, as long
as it doesn’t “turn into a junkyard”.
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West side of building showing Dollar General. East side of building presently vacant.
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ORDINANCE EXCERPTS
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.
7. Newspaper offices and printing offices.
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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
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. A site plan shall not be
required when no external changes are made to the buildings or properties.
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.
d. All lighting shall be shielded from adjacent residential districts and from abutting
streets.
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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.
e. Parking shall be provided on-site.
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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]
c. 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]
c. 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.
d. The business will not be permitted to serve alcohol at any time to any person.
e. 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.
f. 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.
g. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
h. Security lighting will be provided for the site.
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10. Self-serve, coin operated, automobile car wash, enclosed in a building.
11. Indoor Theaters [amended 5/04]
i. 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.
Clay Avenue; from Seventh Street to Fourth Street.
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Pine Street; from Western Avenue to Apple Avenue.
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
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.
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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]
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities
including automotive services and goods, and is generally incompatible with the uses in the B-1,
B-2, and B-3 Business Districts. Placement along presently developed major traffic arteries
prevents the conflict of traffic and pedestrian movement since the General Business District is
characterized by a minimum of pedestrian flow. The B-4 General Business Districts have been
located in areas designated on the adopted Land Use Plan.
SECTION 1300: PRINCIPAL USES PERMITTED
In the B-4 General 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 providing in this Ordinance:
1. Veterinarian clinics, without outdoor kennels.
2. Bus passenger stations.
3. Stores selling second hand merchandise.
4. Funeral homes.
5. Automobile car wash, when completely enclosed in a building.
6. Auto service stations for the sale of gasoline, oil, and accessories, subject to the
following:
a. The curb for ingress and egress to a service station shall not be permitted at such
location 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 road right-of-way) or from adjacent residential
districts.
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.
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c. Major automobile repair, engine and body repair, steam cleaning and
undercoating may be allowed when conducted on the site, and said uses shall be
within a completely enclosed building. The storage of wrecked automobiles on
the site shall be obscured from public view. No automobile or vehicle of any kind
shall be stored in the open for a period exceeding one (1) week.
d. All rest rooms doors shall be shielded from adjacent streets and residential
districts.
e. Dispensing pumps shall be set back twenty (20) feet from the right-of-way line.
7. Self service laundry and dry cleaning establishments.
8. Amusement, entertainment, and recreational, including bowling alleys and skating rinks.
9. Storage of non-hazardous and non-toxic materials or goods provided such storage is
within a building or is enclosed as not to be visible to the public from any abutting
residential district or public street.
10. Theaters, when completely enclosed.
11. Banks, with or without drive-in facilities.
12. Restaurants and cocktails lounges.
13. Motels and hotels.
14. 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-3 District are met.
15. Assembly of small parts provided that there shall be no machining, painting, cutting,
grinding, or welding of parts.
16. 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.
17. Principal Uses as permitted in B-2 Districts.
18. Accessory buildings and accessory uses customarily incidental to the above Principal
Uses Permitted.
19. Uses similar to the above Principal Uses Permitted.
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SECTION 1301: 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. A site plan shall not be
required when there is no change to buildings or existing facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and
recreational vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets:
b. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 or I-2 Industrial Districts.
2. Flea markets and auctions.
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 from the street right-of-way line of any
existing or proposed major thoroughfare shall be maintained.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and other
outdoor recreation activities subject to the following: [amended 2/02]
a. Amusement parks or amusement facilities must be fenced on all sides with a four
foot six inch (4'-6") high wall or fence.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major
thoroughfares and shall not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-street
waiting space. No vehicle shall be permitted to wait or stand within a dedicated
road right-of way.
6. Private clubs, lodges, social and similar facilities.
7. Churches and other facilities normally incidental thereto subject to the following
conditions:
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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.
8. Commercial Kennels.
9. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One (1) parking space shall be provided for each twenty (20) rental units
within the buildings, and one (1) parking space shall be provided for each
employee on site.
c. Between warehouses, there shall be a minimum of twenty five (25') feet
for internal access drives. Traffic direction and parking shall be designated
by signaling or painting.
d. The lot area used for parking and access shall be provided with a
permanent, durable, dustless surface and shall be graded and drained so as
to dispose of all surface water.
e. All lighting shall conform to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of areas
adjacent to any residential zone or use.
g. Retail, wholesale, fabrication, manufacturing, or service activities may not
be conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery
or pick-up of goods in truck in excess of one and one-half (1.5) ton rated
capacity shall be permitted.
i. All storage shall be within the enclosed building area. There shall be no
outside storage or stockpiling.
j. No storage of hazardous, toxic, or explosive materials shall be permitted at
the facility. Signs shall be posted at the facility describing such
limitations.
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10. 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 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.
c. 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.
d. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
e. Security lighting will be provided for the site.
11. Taxi/Limousine Services [amended 5/04]
12. Accessory uses and accessory buildings customarily incidental to the above Special Land
Uses Permitted.
13. Uses similar to the above Special Land Uses Permitted.
SECTION 1302: 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-4 General
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 or permitted commercial uses.
SECTION 1303: 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.
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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.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Ave. to Apple Avenue.
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
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.
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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]
STAFF RECOMMENDATION
Staff recommends denial of the request to rezone the subject property from B-2, Convenience
and Comparison Business district to B-4, General Business district, because the request does not
conform 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?
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
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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 property located at 381 E. Laketon Avenue from B-2,
Convenience and Comparison Business district to B-4, General 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 2008-12: Request for a Special Land Use Permit, per Section 1301 (#1) of
Article XIII (B-4, General Business Districts) of the Zoning Ordinance to allow a used car lot
with showroom in a B-4 district at 381 E. Laketon Avenue by Aron Bravata, B & D Holdings.
Applicant: Aron Bravata, B & D Holdings
Property Address/Location: 381 E. Laketon Avenue
Request: Special Land Use Permit for used car lot with showroom
Present Land Use: Commercial
Zoning: B-4, General Business (if re-zoning is approved)
STAFF OBSERVATIONS
1. The building that is the subject of this case is the former Plumbs grocery store, which
currently has been split into two commercial spaces. The space to the west is used as a
dollar store. The space to the east is presently vacant, and is the subject of this request.
2. The property is zoned B-4, General Business, if approved in previous case and final
approval is give by City Commission. To the north and south the zoning is R-1, One
Family Residential, and to the east the zoning is B-2, Convenience and Comparison
Business.
3. The request is to allow for a used car lot and showroom on the east side of the property.
Planning Commission may regulate hours of operation as a condition of approval.
4. Conditions of approval for sales space for new and used automobiles are as follows:
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets;
b. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 or I-2 Industrial Districts.
5. The plans for the outdoor sales area meet requirement “a”. The site plan shows a curb cut
off of Wood street at the rear of the property.
6. The Planning Department has the following conditions of approval:
a. No cars may be displayed in the clear vision area at the corner of Wood and
Laketon.
b. Any new lighting installed on the site must be 100% cut-off style.
c. Parking lot must be striped to show customer parking and display parking.
d. Indicate snow storage area.
7. The Engineering Department had no comments at the time of this staff report.
8. The Department of Public Works had no comments at the time of this staff report.
9. The Fire Department has the following conditions of approval:
a. The fire lane shall be maintained at all times.
10. Commission Gawron sent an e-mail opposing the request, a copy of which is included in
your packet. James Smith, 1770 Smith Street, called to say that he is opposed to a car lot
at this location.
22
East side of building from across Wood Street Rear of building from across Wood Street.
East parking lot which is proposed for the used car lot.
23
ORDINANCE EXCERPTS
SECTION 1301: 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. A site plan shall not be
required when there is no change to buildings or existing facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and
recreational vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets.
b. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 or I-2 Industrial Districts.
2. Flea markets and auctions.
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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 from the street right-of-way line of any
existing or proposed major thoroughfare shall be maintained.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and other
outdoor recreation activities subject to the following: [amended 2/02]
a. Amusement parks or amusement facilities must be fenced on all sides with a four
foot six inch (4'-6") high wall or fence.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major
thoroughfares and shall not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-street
waiting space. No vehicle shall be permitted to wait or stand within a dedicated
road right-of way.
6. Private clubs, lodges, social and similar facilities.
7. 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.
8. Commercial Kennels.
9. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One (1) parking space shall be provided for each twenty (20) rental units
within the buildings, and one (1) parking space shall be provided for each
employee on site.
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c. Between warehouses, there shall be a minimum of twenty five (25') feet
for internal access drives. Traffic direction and parking shall be designated
by signaling or painting.
d. The lot area used for parking and access shall be provided with a
permanent, durable, dustless surface and shall be graded and drained so as
to dispose of all surface water.
e. All lighting shall conform to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of areas
adjacent to any residential zone or use.
g. Retail, wholesale, fabrication, manufacturing, or service activities may not
be conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery
or pick-up of goods in truck in excess of one and one-half (1.5) ton rated
capacity shall be permitted.
i. All storage shall be within the enclosed building area. There shall be no
outside storage or stockpiling.
j. No storage of hazardous, toxic, or explosive materials shall be permitted at
the facility. Signs shall be posted at the facility describing such
limitations.
10. 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 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.
c. 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.
d. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
e. Security lighting will be provided for the site.
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11. Taxi/Limousine Services [amended 5/04]
12. Accessory uses and accessory buildings customarily incidental to the above Special Land
Uses Permitted.
13. Uses similar to the above Special Land Uses Permitted.
14. Non-accessory signs provided that the signs conform to Section 2308 (1) (f) of this code.
RECOMMENDATION
Staff recommends denial of the request because the increased traffic would be a nuisance to the
neighborhood.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
1. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
4. The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the request for Special Land Use Permit, per section 1301 (#1) of Article XIII of the
Zoning Ordinance, to allow for a used car lot and showroom in a B-4 zoning district at 381 E.
Laketon Avenue, by Aron Bravata, B & D Holdings, be (approved/denied/tabled, based on
compliance/lack of compliance with the City’s Master Land Use Plan and conditions set forth in
27
Section 2332 of the City of Muskegon Zoning Ordinance (based on the following conditions—
only if approved):
1. The rezoning of the property be approved by City Commission.
2. The site plan needs to be amended to include the requirements of the Planning
Department listed in # 6 of the staff report.
3. Any conditions of the Engineering Department or Department of Public Works be met.
4. All conditions of the Fire Department listed in #9 of the staff report be met.
5. The owner/applicant shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit.
6. The Special Land Use Permit affidavit shall be recorded with the register of deeds prior
to occupying the building.
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Hearing; Case 2008-13: Request for a Special Land Use Permit, per Section 701 (#7) of Article
VII (RM-1, Low Density Multiple-Family Residential Districts) of the Zoning Ordinance to
allow for a home for the aged and adult day care in an RM-1 district at 2140 Valley Street by
Joan Lillian McPherson, Holy Trinity Care Center.
Applicant: Joan Lillian McPhereson, Holy Trinity Care Center
Property Address/Location: 2140 Valley Street
Request: Special Land Use Permit for a home for the aged and adult
day care
Present Land Use: School
Zoning: RM-1, Low Density Multiple-Family Residential District
STAFF OBSERVATIONS
1. The property is presently the site of Tri-Valley Academy school. The parcel also
contains Holy Trinity Church. There is a special land use permit in place for the school
issued in September 1997. If that use ceases to exist, the special land use permit would
become null and void.
2. The school appears to be closing in June, due to lack of funding. Should that occur, the
applicant wishes to rehab the school building into housing for the aged and an adult day
care facility.
3. The property is zoned RM-1, Low Density Multiple-family Residential. The property to
the north and east is zoned I-1, Light Industrial. The property to the south is zoned RM-
1, and to the west is zoned R-1, One Family Residential.
4. The proposed used should create less traffic on the residential street than presently occurs
with the buses and other vehicular traffic for the school.
5. A site plan for an addition to the church sanctuary was approved in 2005, which showed
the school and associated parking on the same plan. Since there will be no change to the
building footprint, a detailed site plan isn’t necessary for this request. The property
owner will be held accountable to the previous site plan. Parking is adequate for the
proposed facility, since there are presently two parking areas on the site – one to the
south used by the school, and one to the north, used primarily by the church.
6. Engineering, DPW, and Fire have no issues with the proposed use.
7. Staff has received no comments regarding this request.
29
View of the Tri-Valley School building. View of the parking to the south.
View of the entire Holy Trinity complex. View of the church parking lot to the north.
30
ORDINANCE EXCERPTS
SECTION 701: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:
1. Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants,
real estate appraisers, or other professional persons; real estate, insurance, credit service
(other than loan) offices and similar businesses supplying services instead of products
when determined by the Planning Commission upon application to it, to be consistent
with the nature and condition of neighboring uses and structures.
2. Buildings to be used exclusively to house the offices of civic, religious or charitable
organizations, the activities of which are conducted by mail, and which are not displaying
or handling merchandise or rendering service on the premises.
31
3. Schools and colleges not involving the use of mechanical equipment except such as is
customarily found in dwellings or professional offices provided that any such building
shall be located not less than thirty (30) feet from any other lot in any residential district.
4. Adult Foster Care Large Group Homes, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]
5. 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.
32
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.
6. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
7. Uses similar to the above Special Land Uses Permitted.
RECOMMENDATION
Staff recommends approval of the request with certain conditions listed below.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
1. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
4. The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
33
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 request for Special Land Use Permit, per section 701 (#7) of Article VII of the
Zoning Ordinance, to allow for a home for the aged and adult day care in an RM-1 zoning
district at 2140 Valley Street, by Joan Lillian McPherson, Holy Trinity Care Center, be
(approved/denied/tabled, based on compliance/lack of compliance with the City’s Master Land
Use Plan and conditions set forth in Section 2332 of the City of Muskegon Zoning Ordinance
(based on the following conditions—only if approved):
1. Tri-Valley Academy will cease to operate as a school.
2. The site plan approved for the parcel on June 9, 2005, remains in effect.
3. The owner/applicant shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit.
4. The Special Land Use Permit affidavit shall be recorded with the register of deeds prior
to occupying the building.
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