View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, October 15, 2009
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 September 10, 2009.
III. OLD BUSINESS
A. Hearing; Case 2009-11: Request to vacate the southerly 159.5 feet of the alley
located in Block 427 of the City of Muskegon Revised Plat of 1903, bounded by
W. Forest Avenue, Sixth Street, W. Southern Avenue, and Fifth Street, by Al and
Tracy Hairston, 236 W. Forest Avenue – Tabled from the September meeting.
IV. PUBLIC HEARINGS
A. Hearing; Case 2009-15: Request for a Special Land Use Permit, per section 401
#6 of Article IV of the Zoning Ordinance to allow a handyman service in an R-1,
Single Family Residential zoning district at 1774 Madison Street, by John Ritz,
Ritz Properties.
B. Hearing; Case 2009-16: Request for a Special Land Use Permit, per section
1101, #12 of Article XI of the zoning Ordinance to allow a low cost animal
vaccination clinic in a B-2, Convenience and Comparison Business zoning district
at 1061 S. Getty Street, by Sandra Strandberg, DVM, All Creatures Mobile
Veterinary Care.
C. Hearing; Case 2009-17: Request to rezone the properties located at 400 and 410
W. Laketon Avenue from B-4, General Business District to RM-2, Medium
Density Multiple Family Residential District, by Carla Skoglund, Muskegon
Rescue Mission.
D. Hearing; Case 2009-18: Staff-initiated request to amend Section 1101, #14, of
Article XI, Section 1201, #11 of Article XII, Section 1301, #13 of Article XIII,
Section 1306, #6 of Article XIII, Section 1401, #7 of Article XIV, Section 1501,
#5 of Article XV, to allow “Wind Turbine Facilities” as special land uses in B-2,
B-3, B-4, and B-5 business zoning districts and I-1 and I-2 industrial zoning
districts.
V. NEW BUSINESS
O:\Planning\COMMON\Zoning\Planning Commission\PC Meeting Documents\PC 2009\2009 PC staff reports\PC 10 15 09\PC 10-09.doc
A. Case 2009-19 : Request for Site Plan Review amendment for property located at
3800 Bluff Street, by Great Lakes Naval Memorial & Museum.
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 2009\2009 PC staff reports\PC 10 15 09\PC 10-09.doc
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
October 15, 2009
Hearing; Case 2009-11: Request to vacate the southerly 159.5 feet of the alley located in Block
427 of the City of Muskegon Revised Plat of 1903, bounded by W. Forest Avenue, Sixth Street,
W. Southern Avenue, and Fifth Street, by Al and Tracy Hairston, 236 W. Forest Avenue.
BACKGROUND
A request has been submitted by Al and Tracy Harrison, who are the homeowners at 236 W.
Forest. Their home is adjacent to this alley. They feel the alley is very dangerous, due to cars
coming through the alley and not stopping before pulling out onto Forest Avenue. There is also
a lot of kids hanging out in the alley doing various mischievous activities.
The applicants and their neighbor across the alley have no other access to their parking area
located at the rear of their properties. The applicants say that if the alley is vacated, they will
share the property with their neighbor for joint access to their parking areas. Parking is not
allowed in a front yard, so they must have access to their parking areas in the back yard. Staff
recommends that as a condition of approval, the two parties should be required to have joint
easement agreements recorded with the Register of Deeds for each of their properties. This
avoids problems in the future if new owners purchase either of the two properties. This case
was tabled at the September Planning Commission meeting.
The Department of Public Works has no issues with the alley vacation.
The Fire Department has no issues with the alley vacation.
Staff has received no comments regarding this request.
View from W. Forest Avenue. View of cross alley between 6th & 5th Streets.
View of parking area for 246 W. Forest. View of parking area for 236 W. Forest.
2
STAFF RECOMMENDATION
Staff recommends approval of the request.
DETERMINATION
The following motion is offered for consideration:
I move that the vacation of the southerly 159.5 feet of the alley located in Block 427 of the City
of Muskegon’s Revised Plat of 1903, bounded by W. Forest Avenue, Sixth Street, W. Southern
Avenue and Sixth Street, 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. A joint property easement be obtained, recorded with the Register of Deeds, and copies
provided to the Planning Department.
3
Hearing; Case 2009-15: Request for a Special Land Use Permit, per section 401 #6 of Article
IV of the Zoning Ordinance to allow a handyman service in an R, One Family Residential zoning
district at 1774 Madison Street, by John Ritz, Ritz Properties.
BACKGROUND
Applicant: John Ritz, Ritz Properties
Property Address/Location 1774 Madison Street
Request: Special Land Use Permit to a handyman service in an R, One
Family Residential zoning district
Present Land Use: Vacant
Zoning: R, One Family Residential
STAFF OBSERVATIONS
1. This property formerly housed the Madison Street Fire Station. It has been vacant since
the station closed several years ago. Mr. Ritz is interested in purchasing the property and
establishing a neighborhood handyman service in the building. He will primarily use it to
store his equipment, but there will be small office with a phone installed to take
messages.
2. Zoning of the property is R, One Family Residential, as are properties to the North and
East. To the West, the zoning is I-1, Light Industrial. Across Laketon Avenue to the
South, it is also zoned I-1.
3. The zoning ordinance states that “previously existing or established commercial uses not
already converted to residential” may be allowed if they basically service the neighboring
residential areas. It seems that the handyman service, although not performing that
service at the site, does provide services for the surrounding area.
4. The Planning Department has no issues with the site plan.
5. The Department of Public Works has no issues with this request.
6. The Engineering Department had no comments regarding this request.
7. The Fire Department has no issues with this request.
8. Staff has received no comments regarding this request.
4
View of building front from Madison Street. View of rear of the building.
5
ORDINANCE EXCERPTS
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.
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.
6
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,
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.
7
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.
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
8
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.
RECOMMENDATION
Based on compliance with the 1997 Master Plan and City Zoning Ordinance, staff recommends
approval of the request, with the conditions listed below.
DELIBERATION
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
Adequate water and sewer infrastructure exists or will be constructed to service the Special Land
Use or activity.
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
9
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the special land use permit, per Section 401 (#6) of Article IV of the Zoning
Ordinance, to allow a handyman service in an R, One Family Residential zoning district at 1774
Madison Street, by John Ritz, Ritz Properties, 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):
CONDITIONS
1. All signage requires a sign permit and must comply with the sign ordinance for residential
zones.
2. No parking of work vehicles outside of the building.
3. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
4. The Special Land Use permit document shall be recorded with the register of deeds prior to
establishment of the use.
5. The special land use permit shall become null and void within one year of the public hearing
if the use has not been established or there is a violation of condition 1 - 4.
10
Hearing; Case 2009-16: Request for a Special Land Use Permit, per section 1101, #12 of
Article XI of the zoning Ordinance to allow a low cost animal vaccination clinic in a B-2,
convenience and Comparison Business zoning district at 1061 S. Getty Street, by Sandra
Strandberg, DVM, All Creatures Mobile Veterinary Care.
BACKGROUND
Applicant: Sandra Strandberg, DVM, All Creatures Mobile Veterinary
Care
Property Address/Location: 1061 S. Getty Street
Request: Special Land Use Permit
Present Land Use: Vacant
Zoning: B-2 – Convenience and Comparison Business District
STAFF OBSERVATIONS
1. The subject property is located at the corner of Getty Street and Ada Avenue. It previously
housed a dental office.
2. The request is for a low cost animal vaccination clinic. The applicant presently operates a
mobile veterinary clinic.
3. The subject property is zoned B-2, Convenience and Comparison Business District.
Properties to the North is zoned B-4, General Business District, to the East, and South are
zoned B-2 and to the West the zoning is R, One Family Residential District.
4. There is a parking lot at the rear of the building that will accommodate adequate parking for
the site. It will need to be striped to accommodate parking in an orderly fashion.
5. The Building Inspections Department has the following comments regarding this request:
a. Construction documents prepared by a design professional must be submitted with
permit application.
6. The Engineering Department had no comments regarding this request.
7. The Department of Public Works has no outstanding issues with the request.
8. The Fire Department has no outstanding issues with this request.
9. Staff received a phone call from Linda Jordan, 1079 Holt Street, who is in favor of the clinic.
She feels there is a need for this service in the neighborhood. Staff also received a call from
Patricia Jackson, 1090 S. Getty Street. She is in favor of the request because she likes the
idea of a vacant building being put into use again.
11
View of the building front. View of the rear parking area.
ORDINANCE EXCERPTS
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.
e. All rest rooms doors shall be shielded from adjoining residential property.
12
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.
13
f. The Planning Commission may require a common open space area of one
hundred (100) square feet per unit with tables and seating. This area may be
located in the required setback.
6. Stores selling second hand merchandise, subject to the following: [amended 12/01]
a. The site shall be located within or adjacent to an established, identifiable
commercial corridor.
b. The store will be associated with a bona fied charitable organization, such as but
not limited to 501(c)3 organizations.
7. Business schools, or private schools operated for profit. Examples of private schools
permitted herein include, but are not limited to, the following: dance schools, music and
voice schools, and art studios: [amended 5/02]
a. Parking is required to be provided on the same site as the building. Shared
parking will be allowed, if it is irrevocable, and if it will not consume any parking
needed for a separate use.
8. Contractor’s offices, with associated indoor storage of over five thousand (5,000) square
feet in size. [amended 6/02]
a. All associated storage must be contained within a structure.
b. No toxic, hazardous or noxious materials shall be stored on the site.
9. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the Noise
Ordinance enacted by the City of Muskegon. No music (either live or piped) will
be permitted outside the building.
b. The business will not be permitted to serve alcohol at any time to any person.
c. The business will maintain security staff, both inside and outside the building, at
all times when open to customers. Loitering will not be permitted on or around
the site.
d. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.
e. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
f. Security lighting will be provided for the site.
14
10. Self-serve, coin operated, automobile car wash, enclosed in a building.
11. Indoor Theaters [amended 5/04]
a. Parking must be either on site or with an irrevocable shared parking agreement.
12. Veterinary clinics, without outdoor kennels. [amended 6/05]
13. Antique Shops. [amended 10/05]
14. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.
15. Uses similar to the above Special Land Uses Permitted.
RECOMMENDATION
Based on compliance with the 1997 Master Plan and City Zoning Ordinance, staff recommends
approval of the request, with the conditions listed below.
DELIBERATION
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
Adequate water and sewer infrastructure exists or will be constructed to service the Special Land
Use or activity.
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.
15
MOTION FOR CONSIDERATION
I move that the special land use permit, per Section 1101 (#12) of Article XI of the Zoning
Ordinance, to allow a low cost animal vaccination clinic a B-2, Convenience and Comparison
zoning district at 1061 S. Getty Street, by Sandra Strandberg, DVM, All Creatures Mobile
Veterinary Clinic, 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):
CONDITIONS
1. The parking lot must be striped to accommodate orderly parking.
2. All signage requires a permit and must comply with the zoning ordinance.
3. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
4. The Special Land Use permit document shall be recorded with the register of deeds prior to
establishment of the use.
5. The special land use permit shall become null and void within one year of the public hearing
if the use has not been established or there is a violation of condition 1 - 4.
16
Hearing; Case 2009-17: Request to rezone the properties located at 400 and 410 W. Laketon
Avenue from B-4, General Business District to RM-2, Medium Density Multiple Family
Residential District, by Carla Skoglund, Muskegon Rescue Mission.
BACKGROUND
Applicant: Carla Skoglund, Muskegon Rescue Mission
Property Address/Location: 400 W. Laketon Avenue
Request: Rezoning from B-4 to RM-2
Present Land Use: Rescue Mission’s Men’s Facility
Zoning: B-4 – General Business District
STAFF OBSERVATIONS
1. The property is a 2.12 acre parcel that presently contains a building owned and occupied
by Muskegon Rescue Mission men’s facility.
2. This property is presently zoned B-4, General Business, but the applicant wishes to have
the property rezoned to RM-1, Medium Density Multiple Family Residential.
3. Muskegon Rescue Mission originally applied for a special land use permit in July 2009 to
allow for an expansion of the facility. Upon further discussion with their Board of
Directors, they believe a rezoning would allow them to build a new facility which would
be in compliance with all zoning requirements.
4. The properties to the North, South and West are zoned, I-2, General Industrial and the
property to the East is zoned B-4.
5. The Future Land Use Map shows this property (Sub-Area 5) as “Public/Quasi-Public”.
The Master Plan also states: “Notwithstanding the presence of many quality homes, the
sub-area also possesses a number of blocks with units in need of rehabilitation and site
maintenance.” A new building constructed on this site would surely improve the
appearance of the area.
6. Staff has had no comments regarding this request.
17
View of west side of building from Laketon. East end of building from Laketon.
18
ORDINANCE EXCERPTS
B-4 General Business
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.
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.
19
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.
20
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:
21
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.
22
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. Craft Shops [amended 5/08]
13. Accessory uses and accessory buildings customarily incidental to the above Special Land
Uses Permitted.
14. 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.
23
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.
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]
24
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]
ARTICLE VIII - RM-2 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICTS
PREAMBLE
The RM-2 Medium Density Multiple Family Residential Districts are intended to be selectively
planned at locations in the City so as to provide transition between nonresidential areas and One
and Two Family Residential Districts, and between nonresidential areas and the RM-1 Low
Density Multiple Family Residential.
SECTION 800: PRINCIPAL USES PERMITTED
In a RM-2 Medium Density Multiple Family Residential District no building shall be erected,
structurally altered, or occupied except for one (1) or more of the following specified uses,
unless otherwise provided for in this Ordinance:
1. All Principal Uses Permitted in the R One Family Residential Districts, RT Two Family
Residential Districts, and RM-1 Low Density Multiple Family Residential Districts,
subject to the applicable regulations of this District.
2. Accessory uses and accessory buildings customarily incidental to the above Principal
Uses Permitted.
25
3. Adult Foster Care Large Group Homes. [amended 11/02]
4. Uses similar to the above Principal Uses Permitted.
SECTION 801: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]
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. All Section 601 and 701 Special Land Uses Permitted in the RT Two Family Residential
Districts and RM-1 Low Density Multiple Family Residential Districts, subject to the
applicable regulations of this District.
2. Adult Foster Care Congregate Facilities, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]
3. Previously existing or established commercial uses not already converted to a residential
use may be authorized under Special Use Permit for the following [amended 12/99]:
a. Retail and/or service establishments meeting the intent of the neighborhood
Limited Business Zone (B-1) dealing directly with consumers including:
1) Any generally recognized retail business which supplies new commodities
on the premises for persons residing in adjacent residential areas such as:
groceries, meats, dairy products, baked goods or other foods, drugs,
drygoods, and notions or hardware.
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
26
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.
4. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
5. Uses similar to the above Special Land Uses Permitted.
SECTION 802: PLANNED UNIT DEVELOPMENT [amended 10/98]
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the RM-2 Medium
Density Multiple Family Residential District is to allow mixed land uses, which are compatible
to each other, while prohibiting nonresidential uses which would not be compatible or
harmonious with residential dwellings.
SECTION 803: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 14,520 sq. feet.
2. Density (see definition in Article II): 24 dwelling units per buildable acre.
27
3. Dedicated open space requirement: 15%
4. Maximum lot coverage:
Buildings: 70%
Pavement: 20%
5. Lot width: 125 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
6. Maximum building width: 50% (as a portion of the lot width).
7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
8. Height limit: 4 stories or 60 feet.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
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).
1. Front Setbacks: [amended 1/05]
9.
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Street: 25 feet
Minor Street: 20 feet
10. Rear setback: 30 feet
11. Setback from the ordinary high water mark or wetland: 50 feet (principal structures
only).
12. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
4-story: 16 feet and 20 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
13. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
28
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
14. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject property from B-4, General
Business district to RM-2, Medium Density Multiple Family 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?
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:
29
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 property located at 400 and 410 W. Laketon Avenue from
B-4, General Business district to RM-2, Medium Density Multiple Family Residential district, as
described in the public notice, be recommended for (approval/denial) to the City Commission
pursuant to the City of Muskegon Zoning Ordinance, and the determination of (compliance/lack
of compliance) with the intent of the City Master Land Use and zoning district intent.
30
Hearing; Case 2009-18: Staff initiated request to amend Section 1101, #14, of Article XI,
Section 1201, #11 of Article XII, Section 1301, #13 of Article XIII, Section 1306, #6 of Article
XIII, Section 1401, #7 of Article XIV, Section 1501, #5 of Article XV, to allow “Wind Turbine
Facilities” as special land uses in B-2, B-3, B-4, and B-5 business zoning districts and I-1 and I-2
industrial zoning districts.
BACKGROUND
Since the new wind turbine facility ordinance was approved by the Planning Commission and
City Commission, and they are allowed as special land uses in certain zoning districts, the
language for those districts must be amended to include “Wind Turbine Facilities” as special
land uses in those selected zoning districts.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Staff initiated request to amend Section 1101, #14, of Article XI, Section 1201, #11 of Article
XII, Section 1301, #13 of Article XIII, Section 1306, #6 of Article XIII, Section 1401, #7 of
Article XIV, Section 1501, #5 of Section XV, to allow “Wind Turbine Facilities” as special land
uses in B-2, B-3, B-4, and B-5 business zoning districts and I-1 and I-2 industrial zoning
districts.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Section 1101, #14 of Article XI
New #14.
14. Wind Turbine Facilities.
Section 1201, #11 of Article XII
New #11.
11. Wind Turbine Facilities.
Section 1301, #13 of Article XIII
New #13.
13. Wind Turbine Facilities.
Section 1306, #6 of Article XIII
New #6.
6. Wind Turbine Facilities.
Section 1401, #7 of Article XIV
New #7,
31
7. Wind Turbine Facilities.
Section 1501, #5 of Article XV
New #5
5. Wind Turbine Facilities
DELIBERATION
I move that the amendment to Section 1101, #14, of Article XI, Section 1201, #11 of Article XII,
Section 1301, #13 of Article XIII, Section 1306, #6 of Article XIII, Section 1401, #7 of Article
XIV, Section 1501, #5 of Section XV, of the City of Muskegon Zoning Ordinance to add “Wind
Turbine Facilities” as special land uses, be recommended to the City Commission for
(approval/denial).
32
Case 2009-19 : Request for Site Plan Review amendment for property located at 3800 Bluff
Street, by Great Lakes Naval Memorial & Museum.
BACKGROUND
Applicant: Great Lakes Navel Memorial & Museum
Property Address/Location: 3800 Bluff Street
Request: Site Plan Amendment
Present Land Use: Museum
Zoning: OSR – Open Space Recreation
STAFF OBSERVATIONS
1. The subject property is 2.58 acres which houses the buildings for the Great Lakes Navel
Memorial and Museum. The property currently has a special land use permit to operate as a
museum. There is an approved site plan that is part of that request.
2. The Museum came to the Planning Commission in January 2009 requesting an amendment to
their special land use permit to allow a banquet hall in addition to the museum. This request
was denied.
3. The Museum now requests an amendment to their site plan to allow for some additional
parking spaces so they more fully utilize their space for group events other than a banquet
hall.
4. The revised site plan shows an additional 18 parking spaces along the channel wall. In fact,
the area is already striped for parking, although the striping is hard to see due to weathering
of the paint. This striping may have been done before the museum building was constructed
as they were used as a parking area when the original buildings were on the site.
5. The Planning Department has no issues with allowing the additional parking spaces,
however, it is difficult to determine how many additional spaces are actually necessary for
the proposed uses. There are several types of uses in the building, including meeting rooms,
a theater and offices. Staff has requested a floor plan of the interior of the building in order
to better determine the number of allowed parking spaces. As of the date of this staff report,
no floor plan has been submitted to staff. The number of spaces ultimately approved may
determine the type and size of events allowed on the site.
6. The Engineering Department had no comments regarding this site plan.
7. The Department of Public Works has outstanding issues with this site plan.
8. The Fire Department has no outstanding issues with this site plan.
9. Staff has received no comments regarding this request.
33
Front view of the Museum building. Area along channel wall for parking.
Standards for Site Plan approval:
Prior to approving a site plan, the City shall require that the following standards be
satisfied:
a. Schedule of Regulations: The site plan shall comply with the requirements for height, lot
size, yard space, density and all other requirements as set forth in the district regulations.
b. Other codes and standards: To the extent necessarily shown in the site plan, it shall
comply with other applicable City codes and standards.
c. Compatibility with surrounding land use and development: All elements shall be located,
designed and organized in relation to topography, the size and configuration of the parcel,
the character of adjoining property and the type and size of the buildings. The site shall
be developed so as not to impede the normal and orderly development or improvements
of surrounding property for uses permitted in this Zoning Ordinance.
d. Preservation of natural features: The landscape shall be preserved in its natural state,
insofar as practical, by removing only those areas of vegetation or making those
alterations to the topography which are reasonably necessary to develop the site.
e. Landscaping: Landscape buffers and greenbelts shall be provided and designed in
accordance with the provisions of this Ordinance. Fences, walks, barriers and
landscaping shall be used, as appropriate, for the protection and enhancement of the
property and for the privacy of occupants and neighbors.
f. Stormwater management: Drainage design shall recognize existing natural drainage
patterns. Stormwater removal shall not adversely affect neighboring properties or the
public storm drainage system. Provisions shall be made to accommodate stormwater on-
site, using sound engineering practices.
g. Soil erosion control: Appropriate measures shall be taken to ensure compliance with
state and local soil and sedimentation control regulations.
34
h. Wetlands Protection: The natural retention or storage capacity of any wetland, water
body, or water course will not be substantially reduced or altered in a way which could
increase flooding or water pollution at the site or other locations.
a. Emergency Access: All site improvements and structures shall be arranged so as to
permit necessary emergency vehicle access and to comply with the locally adopted fire
code.
i. Public streets and private roads: All uses must have access to a public street or a private
road. All streets and curb cuts shall be developed in accordance with City specifications,
the Michigan Department of Transportation, and/or private road regulations of the City,
whichever applies.
j. Access Management: Streets and drives on a site shall be of a width appropriate to the
traffic volume they will carry and shall have adequate paved areas for vehicles. Traffic
mitigation techniques such as on-site parallel access lanes, rear access lanes, deceleration
lanes and traffic calming measures may be required. Shared curb cuts and access ways
may also be required.
k. Site Circulation and Parking: Parking areas shall meet the requirements of this
ordinance. All parking spaces and circulation patterns shall be marked. Curb stops or
curbing may be required to prevent encroachment on required setbacks and screening.
Provisions for on-site maneuvering of vehicles shall be made so as to discourage backing
and movements of trucks on abutting public streets. On site traffic control signs shall be
visible and understandable.
l. Pedestrian safety: The on-site pedestrian circulation system shall be separated as
completely and reasonably as possible from the vehicular circulation system. In order to
ensure public safety, special pedestrian measures such as sidewalks, crosswalks, and
other such facilities may be required for the development. The site circulation shall be
connected to existing or planned streets and pedestrian or bicycle pathways in the area as
appropriate.
m. Site amenities: The site plan shall provide outdoor common areas and associated
amenities for employees, customers and/or residents which may include public trash
receptacles, bike racks, seating areas, recreation areas, shade trees, bus stop turn-outs, and
similar facilities where appropriate.
n. Utility Service: The development must be adequately served by necessary public
services and shall not impose an undue burden on public services and infrastructure. All
utilities for new construction shall be placed underground. Any installations which must
remain above ground shall be compatible with those on adjacent properties.
o. Lighting: Exterior lighting shall be arranged so it is deflected away from adjacent
properties and so it does not impede the vision of traffic along adjacent streets. Flashing
or intermittent lights shall not be permitted. Design of lighting fixtures shall be
compatible with those on adjacent properties. Light poles and fixtures shall be no higher
35
than twenty-five (25) feet.
p. Signs: The size, location, and lighting of all permanent signs shall be consistent with the
requirements of this Ordinance.
q. Accessibility: All sites shall be designed to comply with barrier-free requirements.
r. State and Federal Mandates: The site plan shall demonstrate compliance with any state
or federal statute, regulation or ruling, whether general or site specific, which is
applicable to the property. This shall include without limitation any legally enforceable
restrictions on development or improvements which have been communicated or required
by a state or federal agency. It shall include, without limitation, requirements of laws,
regulations, rulings or agency requirements concerning environmental protection, waste
management, floodplains, soil and sedimentation, protection of ground or surface water
resources, soil conditions, and the presence of hazardous materials in or contamination of
soils, air and water pollution matters and provisions which are designed for or reasonably
related to the protection of the public health, safety or welfare. The applicant shall
demonstrate that all said statutes, regulations, rulings, or requirements have been satisfied
by its site plan and that there are no State or Federal agencies which have required, or are
in the process of requiring, any additional action, restriction or compliance. In the event
a property is the subject of any governmental regulatory action or requirement, or without
limitation, the property is located in the "facility" as defined by state or federal law, the
state or federal agency responsible for the applicable regulation shall be notified in
writing of the filing of the site plan and any hearing regarding the application for
approval.
RECOMMENDATION
Staff recommends approval of the request for site plan approval for 18 additional parking spaces,
subject to the conditions listed below.
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for additional parking spaces for 18 additional parking spaces for Great
Lakes Naval Memorial and Museum, be (approved/denied/tabled), based on the following
findings and conditions (if approved):
1. All new spaces be restriped.
36
Sign up for City of Muskegon Emails