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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, April 10, 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 March 13, 2008.
III. PUBLIC HEARINGS
A. Hearing; Case 2008-07: Request for a Special Land Use Permit, per Section
1301 (#1) of Article XIII of the Zoning Ordinance to allow a full service car
dealership at 2477 and 2501 S. Henry Street, by Ronald A. Bultje and Todd
Anthes, Scholten Fant.
B. Hearing; Case 2008-08: Staff initiated request to amend Section 1301 (Special
Land Uses Permitted) of Article XIII, (B-4, General Business Districts) of the
Zoning Ordinance, to add craft shops as a special land use in a B-4 district.
C. Hearing; Case 2008-09: Request for a Special Land Use Permit, per Section
1301 (#12) of Article XIII (B-4, General Business Districts) of the Zoning
Ordinance to allow an art center in a B-4 district at 794 Pine Street by Michael
Schaafsma, Aenias, LLC.
IV. NEW BUSINESS
V. OTHER
VI. Adjourn
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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
April 10, 2008
Hearing; Case 2008-07: Request for a Special Land Use Permit, per Section 1301 (#1) of
Article XIII of the Zoning Ordinance to allow a full service car dealership at 2477 and 2501 S.
Henry Street, by Ronald A. Bultje and Todd Anthes, Scholten Fant.
Applicant: Ronald Bultje & Todd Anthes, Scolten Fant
Property Address/Location: 2477 & 2501 S. Henry Street
Request: Special Land Use Permit
Present Land Use: Car Dealership
Zoning: B-4, General Business
STAFF OBSERVATIONS
1. The property at 2501 S. Henry is the former Tom Miller car dealership site, and 2477 S.
Henry is the present Robinson Body Shop. The two properties together encompass 10.13
acres, including a 423,116 sq. ft. right-of-way.
2. A site plan was previously approved by the Planning Commission in June of 2007,
however the plans have changed considerably, including the addition of the additional
property to the north that encompasses Robinson Body Shop.
3. Even thought there is presently a car dealership on one of these properties, there is no
record of a special land use permit. Therefore, as the dealership is expanding not only
onto another property, but also adding an additional building, it is time to bring
everything into compliance.
4. The property is zoned B-4, General Business. The properties to the north, south, and
west are zoned B-2, Convenience and Comparison Business. Properties to the east are
zoned B-4.
5. The request is to allow for a full service car dealership on the entire parcel.
6. The site and buildings meet the necessary requirements for a special land use permit in a
B-4 zoning district, those being:
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.
7. The amount of parking and paving seems excessive for the site, however, it is believed
that the rear area of the site will contain contaminated soil from other areas of the parcel
and the asphalt will be used as a cap for the contamination.
2
8. The Planning Department requires the following amendments to the site plan as a
condition of approval:
a. Provide a legal description of the property.
b. Provide a storm water management plan, including parking area drainage.
c. Provide topography elevations at 5-ft. intervals.
d. Include arrows showing direction of existing overland flow of storm water runoff.
e. Show areas provided for snow storage.
f. Indicate location, type, height and design of all outdoor lighting. All lighting
fixtures must be 100% cut-off style.
g. Indicate location and specs for all dumpsters and dumpster screening.
h. A landscape plan must be submitted for the entire site. Please refer to the Zoning
Ordinance, Section 2331, “Landscaping, Fencing, Walls, Screens and Lighting”.
9. The Fire Department has the following conditions of approval:
a. Key box shall be installed for each building.
b. Fire flow water supply calculations shall be conducted. Results shall be
submitted to the Fire Marshal.
c. The number of hydrants required and placement shall comply with the
International Fire Code Appendix B, Table 105.1 and Appendix C. An additional
3 hydrants are required for this project.
d. Post indicating valve shall be installed for sprinkled, fire suppressed buildings.
e. Underground fire line piping shall be inspected and tested.
10. The Department of Public Works has the following condition of approval:
a. The existing sanitary sewer as shown on plans is not correct. Contact Kelly
DeFrench, City DPW – 231-724-4184, for sewer location.
11. The Engineering Department has the following conditions of approval:
a. All easements, existing and proposed, must be shown on the plans as either
existing or proposed. All public utilities must be within an easement to the City
with a width no les than one-on-one.
b. All abandoned drives must be removed per Engineering.
c. All new drives (proposed) must be approved by Engineering.
12. There were no comments received regarding this request.
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Front view of current building from Henry St. South side of property used for used car sales.
Current Robinson Body Shop property to the north of the main dealership.
4
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.
7
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 approval of the request with certain conditions listed below.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
1. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
4. The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
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 full service car dealership in a B-4 zoning district at 2501 &
2477 S. Henry Street, by Ronald Bultje and Todd Anthes, Scolten Fant, 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):
8
1. All amendments to the site plan required by the Planning Department in #8 of the staff
report be made.
2. A landscaping plan be submitted to and approved by the Planning Department.
3. All conditions of the Fire Department listed under #9 of the staff report be met.
4. All conditions of the Department of Public Works listed under #10 if the staff report be
met.
5. All conditions of the Engineering Department listed under #11 of the staff report.
6. The owner/applicant shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit.
7. The Special Land Use Permit affidavit shall be recorded with the register of deeds prior
to occupying the building.
9
Hearing; Case 2008-08: Staff initiated request to amend Section 1301 (Special Land Uses
Permitted) of Article XIII, (B-4, General Business Districts) of the Zoning Ordinance, to add
craft shops as a special land use in a B-4 district.
BACKGROUND
The Zoning Ordinance contains a good definition for a “craft shop”, however there are no
business zones that allow craft shops either as a principal use or as a special land use. The only
place they are presently allowed is in the OSR, Open Space Recreation District, and then only
with a special land use permit.
The subject of the next case is the former Al Perri building, which has been empty for the past
year or two. The applicant wishes to development the property into an “art incubator” of sorts,
with other uses in the building as well, such as a small coffee shop and performance stage area,
and massage therapy. While many of the proposed uses are already allowed in a B-4, General
Business District, craft shops are not. Staff’s reasoning behind proposing craft shops as a
special land use come from the definition itself:
Craft Shop: Any business establishment which produces articles for sale on the premises of
artistic quality or effect, or handmade workmanship. Examples include candle making,
glass blowing, weaving, pottery making, woodworking, sculpting, painting, and other
associated activities.
Some of the examples listed above could contain equipment, such as kilns, welding equipment,
etc., that could be potentially hazardous due to heat, odors, etc., and should be allowed only with
the discretion of the Planning Commission. Therefore, Staff recommends that “craft shops” be
allowed with as a special land use and be added to the B-4 zoning ordinance language as follows:
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
(Renumbered)
12. Craft Shops
DELIBERATION
I move that the amendment to Section 1302, #12, of Article XIII, B-4, General Business, of the
City of Muskegon Zoning Ordinance to add “craft shops” as a special land use, be recommended
to the City Commission for (approval/denial).
10
Hearing; Case 2008-09: Request for a Special Land Use Permit, per Section 1301 (#12) of
Article XIII (B-4, General Business Districts) of the Zoning Ordinance to allow an art center in a
B-4 district at 794 Pine Street by Michael Schaafsma, Aenias, LLC.
Applicant: Michael Schaafsma, Aenias, LLC
Property Address/Location: 794 Pine Street
Request: Special Land Use Permit for Craft Shops
Present Land Use: Vacant Building, Former Furniture Store
Zoning: B-4, General Business
STAFF OBSERVATIONS
1. The building that is the subject of this case is the former Al Perri furniture store that
operated in the building since the early 1970s, but closed a couple of years ago.
2. The property is zoned B-4, General Business. To the west, north, and east the zoning is
also B-4, and to the south, the zoning is B-3, Central Business.
3. The request is to allow for craft shops in the building, which will house a main gallery
and many smaller work spaces for artists. The plan for the building is to also include
several spaces for the healing arts, such as massage therapy and nutrition counseling.
There is also a coffee shop and performing stage included in the plans, and a possible
recording studio. These uses are all allowed within the B-4 zoning district.
4, The applicant plans to purchase the vacant lot located on the corner of Pine and Clay to
develop into a parking lot that will accommodate a majority of the required parking. A
small parking lot will be developed at the rear of the building and will accommodate a
small number of cars. Since the building is located in the Downtown Overlay Parking
Zone, the remainder of the parking can be accommodated on the street.
5. The Planning Department requires the site following site plan amendments as conditions
of approval:
a. The correct zoning for the property is B-4, not B-2. Surrounding zoning to the
north is also B-4. Across Pine Street is B-3.
b. Include the addresses of the two parcels.
c. Include area reference points for adjacent properties (drives, structures within 100
ft.).
d. Show specifications of dumpster and other outdoor equipment screening.
e. The landscaping plan needs tweaking. There are not descriptions of trees or
shrubs to be used. Work with the Zoning Administrator to get adequate canopy
trees, evergreen/understory trees and shrubs included on the site.
f. Applicant will need to apply for a sign permit for any signs on the site.
6. The Engineering Department has the following conditions of approval:
a. The City will be reconstructing Pine Street in April 08 until the end of June. Any
proposed work by the owner on/or along Pine must be done so as not to disturb
new work.
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b. All abandoned drives must be removed, curbs re-established, sidewalks and
terraces.
c. Permits from Engineering are required for any work within the right-or-way.
Front view of building from Pine & Terrace. Rear parking area behind the building.
View of vacant lot (from Spring & Clay) to be developed into parking area.
12
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.
13
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.
14
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]
f. 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.
g. 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.
h. 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.
i. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
j. Security lighting will be provided for the site.
15
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 approval of the request with certain conditions listed below.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
1. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
4. The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
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 (#12) of Article XIII of the
Zoning Ordinance, to allow for craft shops in a B-4 zoning district at 794 Pine Street, by Michael
Schaafsma, Aenias, LLC, 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):
16
1. The amendment to the zoning ordinance allowing craft shops as a special land use in a B-
4 zoning district be approved by City Commission.
2. The condition listed by the Planning Department in #5 of the staff report be met.
3. The property at the corner of Pine and Clay is purchased by the applicant and developed
into a parking lot, as shown in the approved site plan
4. The owner/applicant shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit.
5. The Special Land Use Permit affidavit shall be recorded with the register of deeds prior
to occupying the building.
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