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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, March 11, 2010
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 February 11, 2010.
III. PUBLIC HEARINGS
• Hearing; Case 2010-05: Request for a Special Land Use Permit, per section 401 #6 of
Article IV of the zoning Ordinance to allow a retail tobacco specialty shop in a R-1,
Family Residential District at 1625 Beidler, by Robert Schweifler, 3200 Sandy Cove
Court.
• Hearing; Case 2010-06: Staff initiated request to amend Section 2335 #5, Signs, to
allow sporting venues to display signage to those in attendance.
• Hearing; Case 2010-07: Staff initiated request to amend Section 2335 #5, Signs, to
allow signage related to on-site sustainability and conservation efforts.
IV. OLD BUSINESS
V. NEW BUSINESS
Discussion on banners
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
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
March 11, 2010
Hearing; Case 2010-05: Request for a Special Land Use Permit, per section 401 #6 of Article
IV of the zoning Ordinance to allow a retail tobacco specialty shop in a R-1, Family Residential
District at 1635 Beidler St. by Robert Schweifler, 3200 Sandy Cove Court.
BACKGROUND
Applicant: Robert Schweifler
Property Address/Location 1635 Beidler St
Request: Special Land Use Permit to a retail tobacco specialty store in an R
One Family Residential zoning district.
Present Land Use: Bar (grandfathered)
Zoning: R One Family Residential
STAFF OBSERVATIONS
1. Robert Schweifler, owner of The Westside Inn at 1635 Beidler St. would like to use
the northern portion of his building for a retail tobacco specialty shop. The southern
portion of the building would remain a bar.
2. The northern portion of the building measures 917 sqft, is separated by a wall and
door and was formerly known as 1625 Beidler St.
3. Under then new State of Michigan smoking laws, the door connecting these two
businesses would have to be sealed off.
4. The property is zoned R-1 but has grandfathered rights to operate as a bar.
5. R-1 zones allow previously existing or commercial uses not already converted to a
residential use to be authorized under Special Use Permit for retail establishments
meeting the intent of the Limited Business Zone (B-1).
Zoning Ordinance excerpts
ARTICLE IV – R ONE FAMILY DISTRICTS
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:
6. Previously existing or established commercial uses not already converted to a
residential use may be authorized under Special Use Permit for the following
[amended 12/99]:
a. Retail and/or service establishments meeting the intent of the neighborhood Limited
Business Zone (B-1) dealing directly with consumers including:
1) Any generally recognized retail business which supplies new commodities
on the premises for persons residing in adjacent residential areas such as:
groceries, meats, dairy products, baked goods or other foods, drugs,
drygoods, and notions or hardware.
2) Any personal service establishment which performs services on the
premises for persons residing in adjacent residential areas, such as: shoe
repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
television, or home appliance repair, and similar establishments that
require a retail character no more objectionable than the aforementioned,
subject to the provision that no more than five (5) persons shall be
employed at any time in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors,
osteopaths, architects, engineers, accountants, and similar or allied
professions.
4) Restaurants, or other places serving food, except drive-in or drive-through
restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of
motor vehicles and other large equipment; manufacturing processes which would
normally require industrial zoning; any activity which may become a nuisance
due to noise, unsightliness or odor; and any activity which may adversely affect
surrounding property.
c. Conditions: [amended 8/04]
1) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
3) All goods produced on the premises shall be sold at retail on the premises
where produced.
4) All business, servicing, or processing shall be conducted within a
completely enclosed building, or in an area specifically approved by the
Planning Commission.
5) Parking shall be accommodated on site or with limited street parking.
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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.
ARTICLE X - B-1 LIMITED BUSINESS DISTRICTS
PREAMBLE
The B-1 Limited Business Districts are designed primarily for the convenience of persons
residing in adjacent residential areas or neighborhoods, and to permit only such uses as are
necessary to satisfy those limited basic, daily shopping and/or service needs, which by their very
nature are not similar to the shopping patterns of the B-2 convenience and Comparison, B-3
Central Business District, and B-4 General Business Districts. B-1 Districts are also intended to
be utilized at planned locations in the City as zones of transition between major thoroughfares
and residential areas, and between intensive nonresidential areas and residential areas. In the B-1
District all business establishments shall be retail and/or service establishments dealing directly
with consumers. 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, or in an area specifically approved by the
City.
SECTION 1000: PRINCIPAL USES PERMITTED
In a B-1 Limited 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 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.
No individual uses, either freestanding or in a group of uses, shall exceed two thousand
five hundred (2,500) square feet in area.
2. Any personal service establishment which performs services on the premises for persons
residing in adjacent residential areas, such as: Shoe repair, 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
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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. No individual use shall exceed
two thousand five hundred (2,500) square feet in area.
4. Office buildings for any of the following types of occupations: executive, administrative
and professional. No individual use shall exceed two thousand five hundred (2,500)
square feet in area.
5. Residential uses as part of a building in this zone shall be allowed upon issuance of a
Certificate of Occupancy from the Department of Inspections, provided that the minimum
lot area requirements of the RM-1 District are met.
6. Accessory buildings and accessory uses customarily incidental to any of the above
Principal Uses Permitted.
7. Uses similar to the above Principal Uses Permitted.
SECTION 1001: SPECIAL LAND USES PERMITTED
The following area, 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 are no external changes made to the buildings or properties.
1. Restaurants, or other places serving food, except drive-in or drive-through restaurants.
2. 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.
3. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
Uses similar to the above Special Land Uses Permitted
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Beidler St view Forest Ave view
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RECOMMENDATION
Staff would recommend approval of the Special Use Permit for a retail tobacco specialty shop
given that these types of businesses would generally be allowed in B-1 districts.
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.
MOTION FOR CONSIDERATION
I move that the special land use permit, per Section 401 (#6) of Article IV of the Zoning
Ordinance, to allow retail tobacco specialty shop in an R, One Family Residential zoning district
at 1635 Beidler St., by Robert Scheifler, 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.
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Hearing; Case 2010-06: Staff initiated request to amend Section 2334 #5, Exempt Signs, to
allow sporting venues to display signage to those in attendance.
BACKGROUND
Staff is in negotiations with a group that is interested in operating Marsch Field. The group
would like to be able to sell advertising along the outfield wall and various other places, which
would be seen only to those in attendance of the venue.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 2334 #5, Exempt Signs
Add #5.p
5.p Signs located in a legally operating sports venue, either publicly or privately
owned, shall be considered exempt signage, as long as the sign is erected for the sole
purpose of its message being read only by the spectators attending the sporting event in
the stadium, racetrack, or other type of sporting venue. All signs of sufficient height or
size serving a dual purpose of being seen by the spectators of the event and displaying
to those not attending the sporting event, will not be considered exempt signage. This
type of signage may be used in addition to any other permitted signage allowed under
this ordinance.
DELIBERATION
I move that the amendment to Section 2334 #5, of the City of Muskegon Zoning Ordinance to
add section 5.p, be recommended to the City Commission for (approval/denial).
Hearing; Case 2010-07: Staff initiated request to amend Section 2335 #5, Exempt Signs, to
allow signage related to on-site sustainability and conservation efforts.
BACKGROUND
Staff has recently received requests from various entities, which are planning on investing in
wind turbines on their buildings, to allow signage displaying their on-site conservation efforts.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 2334 #5, Exempt Signs
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Add #5.q
5.q Signs describing on-site sustainability efforts, no larger than four square feet
in size.
DELIBERATION
I move that the amendment to Section 2334 #5, of the City of Muskegon Zoning Ordinance to
add section 5.q, be recommended to the City Commission for (approval/denial).
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