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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, April 12, 2007
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 meeting of March 15, 2007.
IV. PUBLIC HEARINGS
A. Hearing; Case 2007-09: Request to rezone the property at 527 Young Ave.,
parcel 24-131-100-0006-10, from I-1, Light Industrial District, to I-2, General
Industrial, by Dan Posma, Dan Hoe Excavating.
B. Hearing; Case 2006-10: Request for a Special Land Use Permit, per Section
1501 (#1) of Article XV of the Zoning Ordinance, to process, store and recycle
concrete and aggregate at 527 Young Ave., parcel 24-131-100-0006-10, by Dan
Posma, Dan Hoe Excavating.
V. OLD BUSINESS
VI. NEW BUSINESS
VII. OTHER
A. Downtown parking discussion
VIII. 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
April 12, 2007
Hearing; Case 2007-09: Request to rezone the property at 527 Young Ave., parcel 24-131-
100-0006-10, from I-1, Light Industrial District, to I-2, General Industrial, by Dan Posma, Dan
Hoe Excavating.
Applicant: Dan Posma, Dan Hoe Excavating
Property Address/Location: 527 Young Avenue
Request: Request to rezone from I-1, Light Industrial, to I-2, General
Industrial
Present Land Use: Vacant parcel
Zoning: I-1, General Industrial
STAFF OBSERVATIONS
1. A site plan was approved for a truck garage on the site at the March 15, 2007 Planning
Commission meeting.
2. Although the City allowed the new owner to use this property last construction season for
some concrete recycling in conjunction with a public works project, that use is not
allowed in an I-1 zone. The applicant has since indicated that he wishes to continue to do
concrete recycling, along with storage of aggregate on the site. Since Dan Hoe
Excavating works on many road construction projects in the area, a site to store and
recycling concrete from these projects is essential to their operation.
3. Properties to the south, east, and west are zoned I-1, Light Industrial. The property to the
north is zoned I-2, General Industrial, and is the rear of the Brunswick property. A
rezoning for this site would be a continuation of the existing I-2 zone.
4. The properties to the south, east, and west, as well as the subject property, are included in
the Seaway Industrial Park. It was originally thought that all properties in the park
should be zoned I-1, however, Staff feels that the location of the property is such that
adjacent properties would be not be adversely affected by this zone change.
5. The City’s 1997 Master Plan’s Future Land Use Map indicates the subject property as
“Industrial”.
6. A Special Land Use Permit is also required for the use intended for this property, and is
the subject of the next case.
7. Staff has received no comments on this request.
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ORDINANCE EXCERPTS
I-1 Light Industrial
ARTICLE XIV - I-1 LIGHT INDUSTRIAL DISTRICTS
PREAMBLE
The I-1 Light Industrial Districts are designed so as to permit wholesale, warehousing, and
manufacturing facilities whose external, physical effects have a minimum detrimental effect on
the adjacent districts. It is the intent of this article to permit, in addition to specific uses
enumerated, the manufacturing, compounding, processing, packaging, assembly, and/or
treatment of finished or semifinished products from previously prepared material. The uses
permitted are those which meet a higher standard of restrictions than those imposed in the I-2
Zoning District, and shall be of a type other than those which produce hazardous material as
defined in the Fire Code.
SECTION 1400: PRINCIPAL USES PERMITTED
All principal uses of land and buildings which are erected or structurally altered or occupied
shall be those specified in this article:
1. The manufacture, compounding, processing of food, and pharmaceuticals.
2. The manufacture, compounding, or assembly of products from previously prepared
materials, including but not limited to fabrics, glass, leather, paper, metal, or plastics.
3. Machine shops and metal finishing shops, including the incidental of casting of metal
products and alloying of furnace ready non-ferrous metals which are free of paint, oils or
other organic substances.
4. Crematories.
5. Retail uses which have an industrial character in terms of either their outdoor storage
requirements or activities such as: lumber yards or motor vehicle, boat, or implement
sales.
6. Storage yards.
7. Warehousing of materials not highly hazardous as defined in the Fire Code.
8. Veterinary clinics and outdoor kennels.
9. Lumber and planing mills.
10. Municipal buildings, public service buildings, auto equipment repair shops doing major
repair.
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11. Accessory buildings and uses customarily incidental to the above Principal Uses
Permitted.
12. Uses similar to the above.
13. Non-accessory signs provided that the signs conform to Section 2308 (1)(f) of this Code.
SECTION 1401: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as a
special land use if it is found to meet the standards outlined in Section 2332 of this Ordinance,
subject to the applicable conditions imposed by Ordinance and other reasonable conditions
imposed by the Planning Commission:
1. Railway or truck freight terminals located more than two hundred (200) feet from any
residential district.
2. Freestanding commercial radio, television, and similar transmission towers greater than
175 feet and their attendant facilities.
3. Paint manufacturing.
4. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.
5. Prisons and other similar correctional facilities.
6. Adult bookstores, adult indoor and outdoor motion picture theaters, and cabarets.
Recognizing that because of their nature some uses have objectionable operational
characteristics, especially when concentrated in small areas and recognizing that such
uses may have a harmful effect on adjacent areas, special regulation of these uses is
necessary to insure that these adverse effects will not contribute to the blighting or
downgrading of the surrounding neighborhood. These special regulations are as follows:
a. No such uses may be permitted in the I-1 Districts within one thousand (1,000)
feet if any residential district measured from the lot line of the location of the
proposed use.
b. The Planning Commission may waive this location provision if the following
findings are made:
i. That the proposed use will not be contrary to the public interest or
injurious to nearby properties and that the spirit and intent of this
Ordinance will be observed.
ii. That the character of the area shall be maintained.
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iii. That all applicable regulations of this Ordinance will be observed.
iv. That no other adult bookstore, adult motion picture theater, or cabaret is
located within two thousand (2,000) feet of the proposed location.
c. Anything herein to the contrary notwithstanding, the Planning Commission shall
not consider the waiver of the locational requirements as hereinabove set forth
until a petition shall have been filed with the City Clerk and verified as to
sufficiency. Such petition shall indicate approval of the proposed regulated use
by fifty-one (51) percent or more of the persons owning property within a radius
of one thousand (1,000) feet of the location of the proposed use as measured from
the lot line. The petitioner, or his agent, shall attempt to contact all eligible
property owners within this radius and must maintain a list of all addresses at
which no contact was made.
d. The petition hereafter required shall contain an affidavit signed by the party
circulating such petition attesting to the fact that the petition was circulated by
him and that the circulator personally witnessed the signatures on the petition and
that the same were affixed to the petition by the person whose name appeared
thereon, and that the circulator truly believes that the signers of such petition are
persons owning property within one thousand (1,000) feet of the premises
mentioned in said petition. Such petition shall also comply with other rules and
regulations as may be promulgated by the City Commission.
7. Uses similar to the above Special Land Uses Permitted.
SECTION 1402: 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 I-1 Light Industrial
Districts is to allow mixed land uses, which are compatible to each other, while prohibiting uses
which would not be compatible or harmonious with other uses permitted in the I-1 District.
SECTION 1403: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 21,780 sq. feet.
2. Maximum lot coverage:
Buildings: 85 %
Pavement: 25 %
3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
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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: 3 stories or 50 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 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 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: 10 feet and 20 feet
2-story: 15 feet and 25 feet
3-story: 20 feet and 30 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
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11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
SECTION 1404: BUSINESS CONDUCT LIMITATION
1. All uses permitted under Section 1400 and 1401 shall be subject to all environmental
limitations imposed by this Section, other ordinances, statutes and governmental
regulations.
2. Casting of metal parts in shops other than foundries shall be limited so that not more than
twenty-five percent (25%) of the aggregate floor area may be used for the casting
process.
3. Crematories shall be located not less than two hundred (200) feet from a residential
district.
4. Storage yards shall be screened from any adjacent street or non-industrial district by an
obscuring fence. This shall not require that parking lots of motor vehicles, boats, or
implement sales be screened.
5. No property line of a lumber or planing mill shall be contiguous to the exterior boundary
of a Residential District.
6. Uses permitted in the I-1 District shall be those whose finished products are non-
hazardous as defined in the Fire Code.
7. Stamping machines, presses, and shears shall be dampened so as not to produce noises
and vibrations which conflict with the preamble of this Article.
8. Animals kept for slaughter shall be only that number which will be processed in one day.
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I-2 General Industrial
ARTICLE XV - I-2 GENERAL INDUSTRIAL DISTRICTS
PREAMBLE
The I-2 General Industrial Districts are established primarily for manufacturing, assembling, and
fabrication activities including large scale or specialized industrial operations whose external
physical effects may be felt to some degree by surrounding districts. The I-2 District is so
structured as to permit, in addition to I-1 Light Industrial District uses, the manufacturing,
processing and compounding of semifinished or finished products from raw materials.
SECTION 1500: PRINCIPAL USES PERMITTED
In an I-2 General Industrial District, buildings and land may be used for one (1) or more of the
following specified uses, unless otherwise provided in this Article.
1. Any Principal Use Permitted in the I-1 District, subject to the requirements of this
District.
2. Primary metal industries, including foundries, smelting and refining of metal or alloys,
rolling and extruding plants.
3. Chemical plants whose manufacturing process produce products which are not hazardous
materials as defined in the Fire Code.
4. Paper and pulp manufacturing.
5. Power generating plants.
6. Junk yards and scrap metal processing.
7. Rubber manufacturing or the remanufacturing of rubber products.
8. Uses similar to the above principal uses.
9. Non-accessory signs provided that the signs conform to Section 2308(1) of this Code.
SECTION 1501: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as a
special land use if it is found to meet the standards outlined in Section 2332 of this Ordinance,
subject to applicable conditions imposed by Ordinance or other reasonable conditions imposed
by the Planning Commission:
1. Any use with outside storage of aggregate, sand or other soil, or raw materials used in a
manufacturing process such as brick, tile manufacturing plants, asphalt and cement batch
plants.
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2. Gasoline storage facilities.
3. Bulk storage or the production of acelylene, natural gas, and oxygen or other highly
explosive or toxic gases. The storage of such gases for use in a production process or of
an industry, business, or health care facility shall not be considered bulk storage.
4. Chemical plants whose manufacturing process produce products which are hazardous
materials as defined in the Fire Code.
5. Uses similar to the above Special Land uses.
SECTION 1502: 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 I-2 General
Industrial District is to allow mixed land uses, which are compatible to each other.
SECTION 1503: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 43,560 sq. feet.
2. Maximum lot coverage:
Buildings: 85 %
Pavement: 25 %
3. Lot width: 150 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: 3 stories or 50 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 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street : 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
7. Rear setback: 10 feet
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8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
9. Side setbacks:
1-story: 10 feet and 20 feet
2-story: 15 feet and 25 feet
3-story: 20 feet and 30 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject properties from I-1, Light
Industrial, to I-2, General Industrial, because the request conforms to the goals and
recommendation of the City’s 1997 Master Plan.
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.
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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.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the property located at 527 Young Avenue from I-1, Light
Industrial district to I-2, General Industrial 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.
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Hearing; Case 2006-10: Request for a Special Land Use Permit, per Section 1501 (#1) of
Article XV of the Zoning Ordinance, to process, store and recycle concrete and aggregate at 527
Young Ave., parcel 24-131-100-0006-10, by Dan Posma, Dan Hoe Excavating.
Applicant: Dan Posma, Dan Hoe Excavating
Property Address/Location: 527 Young Avenue
Request: Special Land Use Permit
Present Land Use: Vacant
Zoning: I-1, Light Industrial
STAFF OBSERVATIONS
1. A site plan was approved for a truck garage on the site at the March 15, 2007 Planning
Commission meeting.
2. In addition to a truck garage, the owner would like to process, store, and recycle concrete
and aggregate on the site. Some aggregate piles are existing on the site, probably left
from road construction projects in 2006.
3. The owner would be required to screen any outdoor storage from the right-of-way, and a
6-foot fence with privacy slats is proposed.
4. The property is zoned I-1, Light Industrial, with a proposed rezoning to I-2. Properties
to the south, east, and west are zoned I-1, and the property to the north is zoned I-2.
5. DPW and Police have no concerns with the site plan.
6. The Planning Department requires the following conditions of approval:
a. Any areas of the site used for future equipment parking shall be paved.
b. An amended site plan would be required to be submitted to and approved by the
Planning Department for the additional paved areas.
7. The Fire Department has the following condition:
a. The Fire Marshal was unavailable for comments at the time of this staff report.
Staff will bring any comments or conditions to the Planning Commission meeting.
8. Engineering has the following conditions of approval:
a. The proposed work within the right-of-way of Temple and Young must be applied
for and approved by Engineering before any work takes place.
b. The proposed is approved in concept but the details for paving Temple and drives
needs to be approved by Engineering.
9. Staff has received no comments regarding this request.
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ORDINANCE EXCERPTS
SECTION 1501: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as a
special land use if it is found to meet the standards outlined in Section 2332 of this Ordinance,
subject to applicable conditions imposed by Ordinance or other reasonable conditions imposed
by the Planning Commission:
1. Any use with outside storage of aggregate, sand or other soil, or raw materials used in a
manufacturing process such as brick, tile manufacturing plants, asphalt and cement batch
plants.
2. Gasoline storage facilities.
3. Bulk storage or the production of acelylene, natural gas, and oxygen or other highly
explosive or toxic gases. The storage of such gases for use in a production process or of
an industry, business, or health care facility shall not be considered bulk storage.
4. Chemical plants whose manufacturing process produce products which are hazardous
materials as defined in the Fire Code.
5. Uses similar to the above Special Land uses.
RECOMMENDATION
Staff recommends approval of the request with certain conditions listed below.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
1. Prior to authorization of any Special Land Use, the Planning Commission shall:
2. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
3. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
4. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
5. 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
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c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the request for Special Land Use Permit, per section 1501 (#1) of Article XV of the
Zoning Ordinance, to allow for the processing, storage and recycling of concrete and aggregate
in an I-2 zoning district at 527 Young Avenue, by Dan Hoe Excavating, be
(approved/denied/tabled, based on compliance/lack of compliance with the City’s Master Land
Use Plan and conditions set forth in Section 2332 of the City of Muskegon Zoning Ordinance
(based on the following conditions—only if approved):
1. All conditions of #6 and 8 of the staff report shall be met..
2. The owner/applicant 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 affidavit shall be recorded with the register of deeds prior to
beginning construction.
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