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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, October 14, 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 September 16.
III. PUBLIC HEARINGS
A. Hearing; Case 2010-33: Request to rezone the property at 1823 Commerce St from B-4,
General Business District to B-5, Governmental Service District, by West Michigan
Therapy, Inc.
B. Hearing; Case 2010-34: Request for a Special Land Use Permit, per Section 1306 of the
zoning ordinance to allow for a Transitional Living Center at 1823 Commerce St., by
West Michigan Therapy, Inc.
C. Hearing; Case 2010-35: Request for an amendment to the Special Use Permit for car
sales at 721 E Laketon Ave, by Michael David.
D. Hearing; Case 2010-36: Staff initiated request to amend Section 2326 (Off-Street
Parking and Loading) of Article XXIII (General Provisions) to modify parking
restrictions in the downtown parking overlay district.
IV. OLD BUSINESS
V. NEW BUSINESS
A. Case 2010 -37: Request for an amendment to the approved site plan for 2501 Henry St,
by Betten Automotive.
VI. OTHER
VII. Adjourn
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Muskegon, MI 49440
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
October 14, 2010
Case 2010- 33: Request to rezone the property at 1823 Commerce St from B-4, General
Business District to B-5, Governmental Service District, by West Michigan Therapy, Inc.
BACKGROUND
1. The property is currently zoned B-4, General Business District. The properties to the
north are zoned B-4. The properties to the west are zoned B-4 and I-2, General Industrial
District. The properties to the south are zoned I-2. The properties to the east are zoned
R-1, Single Family Residential District.
2. Transitional Living Centers are only allowed as a special use permitted in B-5,
Governmental Service Districts.
3. The parcel is 1.3 acres, which meets the minimum size requirements of a B-5,
Governmental Service District lot. The parcel also meets all other lot dimension
requirements.
4. This area includes many different zoning types; therefore this would not be considered a
spot zone (see zoning map).
5. The building has been used to temporarily house people in the past.
6. See Attachment 1 for the zoning ordinance excerpt on B-5, Governmental Services
Districts.
STAFF RECOMMENDATION
Staff recommends approval of the rezoning since all lot requirements will be met. The 1997
Master Land Use Plan recommendations for this area does not specifically call for or against the
uses associated with this type of zoning.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the
approval or denial of the petition?
3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in the
future if the petition is approved?
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City?
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
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.
The following motion is offered for consideration:
I move that the request to rezone the property located at 1823 Commerce St. B-4, General
Business District to B-5, Governmental Service 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.
1823 Commerce St.
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Aerial Photo
Zoning Map
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Hearing; Case 2010-34: Request for a Special Land Use Permit, per Section 1306 of the zoning
ordinance to allow for a Transitional Living Center at 1823 Commerce St., by West Michigan
Therapy, Inc.
BACKGROUND
1. The zoning ordinance was amended in September to allow Transitional Living Centers as
a special use permitted in B-5, Governmental Service Districts.
2. West Michigan Therapy, Inc. intends to use this facility to temporarily house up to 38
woman per night.
3. The building will also include office space and areas used from programs such as rapid
re-housing assistance classes.
4. The plans for this Transitional Living Center meet the provisions set forth in the zoning
ordinance regarding Transitional Living Centers (see zoning ordinance except below).
5. The building is 31,910 square feet.
6. There is adequate parking for this type of use.
7. Please see the enclosed letter from the Marsh Field Neighborhood Association
(Attachment 2).
Zoning ordinance excerpt:
Transitional Living Centers provided:
a) The center must be associated with a governmental agency or bona
fide charitable association, such as a 501 (c) organization.
b) The residents must be provided with information on supplemental
services, such as re-housing assistance and substance abuse treatment.
c) Staff must be located on site twenty-four hours a day, seven days a
week for programs that provide on site overnight sleeping
accommodations.
d) Residents may not be housed for more than six (6) consecutive
months.
e) The center does not conflict with any of the prohibited uses stated in
Section 1305.
DELIBERATION
I move that the special land use permit, per Section 1306 (#3) of the Zoning Ordinance, to allow
a transitional living center in a B-5, Governmental Service District at 1823 Commerce St, by
West Michigan Therapy, Inc., 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 permit and must comply with the zoning ordinance.
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2. The owner shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit.
3. The Special Land Use permit document shall be recorded with the register of
deeds prior to establishment of the use.
4. 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 2010-35: Request for an amendment to the Special Use Permit for car sales at
721 E Laketon Ave, by Michael David.
BACKGROUND
1 The applicant received approval for special use permit for vehicle sales for the property at
1823 Commerce St. However, a condition was placed on the special use permit that all
vehicle sales must remain west of the curb cut on Laketon Ave. This is because the curb
cut on Ray Avenue is located only 25 feet from Laketon Avenue. The zoning ordinance
states that ingress and egress to the outdoor sales area shall be at least 60 feet from the
intersection on any two streets. (See Attachment 3 – July 15 meeting minutes.)
2 The applicant has decided that this would be too detrimental to his business, so he is now
willing to permanently block off the curb cut on Ray Avenue. This will be done by
instilling metal poles into the concrete. The City Engineer and Fire Marshall have
approved blocking off of this curb cut.
3 The applicant would also like to sell some vehicles inside the building.
STAFF RECOMMENDATION
Staff recommends approval of the proposed amendment to the special use permit as long as the
applicant is able to provide the zoning administrator with an acceptable site plan. The applicant
has refused to comply with the 10 foot green space buffer requirements.
DELIBERATION
I move that the special land use permit, per Section 401 (#6) of Article IV of the Zoning
Ordinance, to allow vehicle sales in a B-4, General Business District at 721 E Laketon Ave, by
Michael David, be amended with the following conditions:
CONDITIONS
1. The curb cut on Ray Avenue must be blocked off and restricted from use. If not, then
automobile sales must be located west of the curb cut on Laketon Avenue.
2. The applicant must provide the zoning administrator with an acceptable site plan.
3. All signage requires a permit and must comply with the zoning ordinance.
4. The owner 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 document shall be recorded with the register of deeds prior to
establishment of the use.
6. 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 - 5.
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Hearing; Case 2010-36: Staff initiated request to amend Section 2326 (Off-Street Parking and
Loading) of Article XXIII (General Provisions) to modify parking restrictions in the downtown
parking overlay district.
BACKGROUND
1. There are currently several small vacant storefronts along W Western Ave and 3rd St
that do not come with on-site parking. A change of use would require any potential
business to provide the number of parking spaces required by Table IB (parking
standards) of the zoning ordinance. (see attachment 4 – Table IB)
2. The only way this would be possible would be to get an irrevocable shared parking
agreement with another property, within 1,000 feet, that has excess parking.
3. This is becoming more challenging with each irrevocable shared parking agreement
that is being made. There will continue to be less available excess parking downtown
as these agreements continue to be made.
4. Staff feels that these parking agreements should be saved for when large scale
businesses have no other options for parking. Also, there are some instances where
small store fronts are not located within 1,000 feet of anyone that can offer a shared
parking agreement
5. Staff feels that smaller businesses that require less parking should be able to use on-
street and city-owned parking lots to accommodate their parking requirements.
Zoning ordinance excerpt:
12. Downtown Parking Overlay District: A downtown parking overlay district is hereby
created as outlined in Figure 23-2. Within said overlay area is permitted the following:
[amended 2/03] [amended 6/07]
a. In the downtown parking overlay district only, all land uses, except residential,
may use on-street parking for up to thirty percent (30%) of their required parking
area.
b. In the downtown parking overlay district, shared parking agreements are
encouraged. Parking areas for other than single or two-family residential uses
may be located up to 1,000 feet from the building they are intended to serve and
may be provided in any zoning district except the R-1 district.
c. In the downtown parking overlay district only, the required number of residential
parking spaces shall be 1.5 per dwelling unit.
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Figure 23-2: Downtown Parking Overlay District
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 2326 (Off-Street Parking and Loading) #12 (Downtown Parking Overlay
District”
d. In the downtown parking overlay district only, new businesses that are required to
provide 15 parking spaces or less may forgo the parking requirements if they are locating
into a previously existing building. On-street parking and city-owned parking lots will be
used to accommodate the parking requirements. However, any previously existing parking
spaces included with the building space must remain in place and be used by that business.
DELIBERATION
I move that the amendment to Section 2326 (Off-Street Parking and Loading) #12 (Downtown
Parking Overlay District), of the City of Muskegon Zoning Ordinance, to add part d, be
recommended to the City Commission for (approval/denial).
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The red lines indicate the areas of Western and 3rd that would be most effected by the
amendment. On street parking is offered on both sides of the street along a majority of this area.
The red dots indicate the city-owned parking lot and the two most-used lots for shared parking
agreements.
Store fronts on 3rd St
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Parking for the storefronts on 3rd St.
Store fronts on W Western Ave.
Parking for storefronts on W Western Ave.
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Case 2010 -37: Request for an amendment to the approved site plan for 2501 Henry St, by
Betten Automotive. Proposed 7,000 sq ft addition to the previously approved used car
building.
BACKGROUND
1. The site plan for this project was originally approved on 9/12/08; however, the applicant
returned to the Planning Commission on 8/12/10 to increase the size of the Hyundai
building by nine percent (9%).
2. The applicant would now like to increase the size of the used car building by roughly
100% (7,000 sqft.)
3. The site plan has one (1) item that must be addressed. The following item must be
corrected on the site plan and a revised copy submitted to the Planning Department.
a. The three median islands that were removed as part of the addition must be placed
elsewhere on the property.
4. Department of Public Works does not have any outstanding issues with this site plan.
5. The Fire Department does not have any outstanding issues with this site plan.
6. The Engineering Department does not have any outstanding issues with this site plan.
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-
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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.
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.
i. 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.
j. 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.
k. 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.
l. 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.
m. 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.
n. 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.
o. 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.
p. 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
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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
than twenty-five (25) feet.
q. Signs: The size, location, and lighting of all permanent signs shall be consistent with the
requirements of this Ordinance.
r. Accessibility: All sites shall be designed to comply with barrier-free requirements.
s. 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 amended site plan, subject to the conditions listed below.
DETERMINATION
The following motion is offered for consideration:
I move that the amended site plan for the property located at 2501 Henry St for Betten-Hyundai,
be (approved/denied/tabled), based on the following findings and condition (if approved):
1. The three median islands that were removed as part of the addition must be placed
elsewhere on the property.
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