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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, June 14, 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 May 10, 2007.
III. OLD BUSINESS
A. Downtown Parking
IV. PUBLIC HEARINGS
A. Hearing; Case 2007-20: Request for a Special Land Use Permit, per Section
1301 (#1) of Article XIII of the Zoning Ordinance, for the sale of used cars at
1308 S. Getty Street, by Juan Vrbina, JV Autos.
B. Hearing; Case 2007-21: Request for a Special Land Use Permit, per Section 401
(Special Land Uses Permitted, #3) of Article IV (R-1, One Family Residential) of
the Zoning Ordinance, for a church at 2330 Barclay Street, by Matthew M.
Gongalski, Lakeshore Community Church.
C. Hearing; Case 2007-22: Request to amend the Final PUD for 100 Muskegon
Mall, for the properties located at 380 W. Western Avenue, by Don Swiftney,
Hooker DeJong Architects & Engineers.
D. Hearing; Case 2007-23: Staff initiated request to amend Section 300 (Districts)
of Article III, (Zoning Districts and Map), of the zoning ordinance to remove H,
Heritage District as a delineated zoning district.
E. Hearing; Case 2007-24: Staff initiated request to amend Table I, (Heights,
Areas, and Yards), Table Notes, #6 of the zoning ordinance to remove the
reference to the H zone.
V. NEW BUSINESS
A. Case 2007-25: Request for site plan review for a 24 unit townhouse/apartment
development at 552 and 570 W. Clay Avenue, by Karl Chew, Renaissance Place
LDHA LP.
B. Case 2007-26: Request for site plan review for a Hyundai car dealership at 2501
Henry Street, by Bryan Betten, Betten Chevy-Cadillac.
VI. OTHER
A. Lighting – 100% Cut-off fixtures and horizontal plane
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
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
June 14, 2007
Hearing; Case 2007-20: Request for a Special Land Use Permit, per Section 1301 (#1) of
Article XIII of the Zoning Ordinance, for the sale of used cars at 1308 S. Getty Street, by Juan
Vrbina, JV Autos.
Applicant: Juan Vrbina, JV Autos
Property Address/Location: 1308 S. Getty Street
Request: Special Land Use Permit for used car sales
Present Land Use: Vacant lot
Zoning: B-4, General Business District
STAFF OBSERVATIONS
1. The site is presently a vacant parcel located adjacent to Mr. Vrbina’s car detailing shop at
1272 S. Getty Street. A large portion of the property is paved, but there is a small section
on the north side that is dolomite. Cars are being parking all over on the lot at the present
time in conjunction with the detail shop.
2. The applicant is requesting a special land use permit for the sale of used cars on the 1308
S. Getty property only. Because the auto detail shop’s location is so close to the
intersection of Getty and Evanston, that property may not be used for used car sales. The
zoning ordinance states “Ingress and egress to the outdoor sales area shall be at least sixty
(60) feet from the intersection of any two (2) streets.” The property at 1308 S. Getty
meets this criteria, while 1272 S. Getty doesn’t.
3. The property is zoned B-4, General Business. The property to the north is zoned B-2,
Convenience and Comparison Business, to the East it is zoned R, One Family
Residential, and to the south and west, it is zoned B-4.
4. There is a large, mature oak tree located near the center of the lot, which the applicant
will leave in place. The dolomite area of the property needs to be paved to match the
remaining asphalt on the lot.
5. The Planning Department’s conditions are listed in the motion for approval.
6. The Engineering Department has no issues with the site plan.
7. The Fire Department has no issues with the site plan.
8. The DPW has no issues with this site plan.
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9. Staff had an e-mail from Jim Vanderwier, 1250 S. Getty Street. He has no problem with
the proposed use of the property.
View of the parcel from Getty Street.
View of JV Autos from Evanston Ave.
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ORDINANCE EXCERPTS
SECTION 1301: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when there is no change to buildings or existing facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and
recreational vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets:
b. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 or I-2 Industrial Districts.
2. Flea markets and auctions.
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.
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7. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of building that exceeds the maximum
height allowed.
8. Commercial Kennels.
9. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One (1) parking space shall be provided for each twenty (20) rental units
within the buildings, and one (1) parking space shall be provided for each
employee on site.
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.
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j. No storage of hazardous, toxic, or explosive materials shall be permitted at
the facility. Signs shall be posted at the facility describing such
limitations.
10. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the Noise
Ordinance enacted by the City of Muskegon. No music (either live or piped) will
be permitted outside the building.
b. The business will maintain security staff, both inside and outside the building, at
all times when open to customers. Loitering will not be permitted on or around
the site.
c. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
e. Security lighting will be provided for the site.
11. Taxi/Limousine Services [amended 5/04]
12. Accessory uses and accessory buildings customarily incidental to the above Special Land
Uses Permitted.
13. Uses similar to the above Special Land Uses Permitted.
14. Non-accessory signs provided that the signs conform to Section 2308 (1) (f) of this code.
RECOMMENDATION
Staff recommends approval of the request with certain conditions listed below.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
1. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
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2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
4. The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the request for Special Land Use Permit, per section 1301 (#1) of Article XIII of the
Zoning Ordinance, to allow for the sale of used cars in a B-4 zoning district at 1308 Getty Street,
by Juan Vrbina, JV Autos , 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. That section of the parking area that is currently dolomite to be asphalted within 6 months of
the issuance of the special land use permit.
2. The rear of the property shall be screened from the adjacent residential use.
3. Autos displayed for sale to be located on the property at 1308 S. Getty Street only, and not on
the owner’s adjacent property at 1272 S. Getty.
4. The owner/applicant shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit.
5. The Special Land Use Permit affidavit shall be recorded with the register of deeds prior to
beginning construction.
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Hearing; Case 2007-21: Request for a Special Land Use Permit, per Section 401 (Special Land
Uses Permitted, #3) of Article IV (R-1, One Family Residential) of the Zoning Ordinance, for a
church at 2330 Barclay Street, by Matthew M. Gongalski, Lakeshore Community Church.
Applicant: Matthew M. Gongalski, Lakeshore Community Church
Property Address/Location: 2330 Barclay Street
Request: Special Land Use Permit for a church
Present Land Use: Vacant building formerly the Moose Lodge
Zoning: R, One Family Residential District
STAFF OBSERVATIONS
1. The site is a 6.26 acre parcel with a 14,325 sq. ft. building that is currently vacant, but
formerly housed the Moose Lodge.
2. The applicant is requesting a special land use permit for a church. A special land use
permit was obtained in July 2004 by a different church for this property, but the
conditions were never met and the permit was revoked in 2006.
3. The property is zoned R, One Family Residential. The property to the north is zoned
RM-1, Low Density Multiple-Family Residential, to the east and west it is zoned R, One
Family Residential, and to the south is a PUD overlay for Wildwood Creek condos.
4. The Future Land Use Map shows this property as “Multi-Family Residential”.
5. There are two large parking lots currently paved and available. One is located to the
south of the building and the other to the rear. This amount of parking is more than
adequate for the proposed use. The lots are in disrepair with many cracks and vegetation
sprouting through.
6. The Planning Department’s conditions for approval are:
a. Any dumpsters located on the site must receive site plan approval and be screened
to meet the zoning ordinance.
b. The parking lots need the vegetation removed, the cracks repaired, and the asphalt
re-striped so the parking spaces are clearly visible.
c. Any signage would need a permit.
7. The Engineering Department has no issues with the site plan.
8. The Fire Department has the following conditions:
a. A key box shall be installed on the building for Fire Department access.
b. Fire flow test shall be conducted to determine available water supply.
9. The DPW has no issues with this site plan, but does have the following comment:
a. Suggest a meeting between the City DPW and developer to discuss fire protection
service line options.
10. Commission Steve Gawron sent an e-mail opposing the request. John MacDonald, 2297
Barclay called to say he is opposed to the request. Eric Johnson, 2344 Vincent, has no
problem with a church on the site.
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View of the front of the building from Barclay Street.
View of the rear of the building and a portion of the rear parking lot.
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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,
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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.
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.
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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.
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.
7. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.
8. Uses similar to the above Special Land Uses Permitted.
RECOMMENDATION
Staff recommends approval of the request with the certain conditions listed.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
1. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
4. The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
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MOTION FOR CONSIDERATION
I move that the request for Special Land Use Permit, per section 401 (#3) of Article XIII of the
Zoning Ordinance, to allow for a church in an R-1 zoning district at 2330 Barclay Street, by
Matthew M. Gongalski, Lakeshore Community Church , 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. That conditions listed in #6 and #8 of the staff report 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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Hearing; Case 2007-22: Request to amend the Final PUD for 100 Muskegon Mall, for the
properties located at 380 W. Western Avenue, by Don Swiftney, Hooker DeJong Architects &
Engineers.
Applicant: Don Swiftney, Hooker DeJong A & E
Property Address/Location: 380 W. Western Avenue
Request: Request to amend the Final PUD for 100 Muskegon Mall
Present Land Use: Vacant parcel
Zoning: B-3, Central Business with PUD Overlay
STAFF OBSERVATIONS
1. The applicant received approval for the Final PUD from City Commission on February
22, 2005.
2. At that time, the site plan only included the proposed street grid, location of five existing
buildings, and “buildings and structures as proposed and the spatial relationship to each
other and existing downtown structures”. Uses within existing or newly developed
buildings had not yet been determined, but the approval was for “mixed use, residential
and commercial”.
3. The PUD was amended in June 2005 to revise the street design. The changes included
eliminating two traffic circles, and adding one at the corner of Third and Western. Also
changed was the configuration of Jefferson Street eliminating two intersections.
4. The changes proposed at this time include the construction of the new Chamber of
Commerce office building. The building has two floors consisting of 10,000 sq. ft. on
each floor.
5. There are 13 parking spaces located at the rear of the building, with another 50 spaces
secured with a parking agreement with the DMDC. This appears to be adequate for the
proposed uses in the building.
6. The Planning Department has the following conditions for approval:
a. Parcel number and address need to be shown on the site plan.
b. Topography elevations, arrows showing direction of existing overland flow of
stormwater runoff, a grading plan and soil erosions and sedimentation control
measures must be shown.
c. Show the location of snow storage areas.
d. Indicate location, type, height and design of all outdoor lighting.
e. If any dumpsters will be located on the site, show their location and proposed
screening, which must meet the zoning ordinance.
f. Show location of fire lanes, fire lock box and security lighting.
g. Provide a project description.
h. Maneuvering lanes for two-way parking areas must be 22 feet in width.
i. Provide a copy of the parking agreement for the 50 spaces between the Chamber
of Commerce and the DMDC to the Planning Department.
7. DPW and Police approved of the revised site plan.
8. The Fire Department lists the following conditions of approval:
a. Fire flow water supply testing shall be conducted.
b. Key box shall be installed for Fire Department access.
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9. Engineering had the following condition:
a. show existing utilities, some are through the vacated alley area.
10. Staff has received no comments on this request.
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View of the front of the property from Western Avenue sidewalk.
View of the rear of the property from Morris Avenue.
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ORDINANCE EXCERPTS
Planned Unit Developments
Excerpted from Section 2101: Development Options
1. Planned Unit Development (PUD) Purpose
The purpose of this option is to permit flexibility in the regulation of land development;
encourage innovation in land use and variety in design, layout, and type of structures
constructed; achieve economy and efficiency in the use of land, natural resources and
utilities; encourage provision of useful open space; provide adequate housing,
employment, and shopping opportunities particularly suited to the needs of the residents
of the City of Muskegon and encourage the use, reuse, and improvement of existing sites
and buildings when the uniform regulations contained in zoning districts do not provide
adequate protection and safeguards for the site or surrounding area.
This option is intended to accommodate developments with mixed or varied uses, to
allow some degree of flexibility in the application of standards and regulations in this
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Ordinance to achieve innovation to development on sites with unusual topography or
unique settings within the community, or on land which exhibits difficult or costly
development problems, and shall not be allowed where this option is sought primarily to
avoid the imposition of standards and requirements of zoning classifications rather than
to achieve the stated purposes above.
a. Planned Unit Development Regulations, Standards and Requirements
1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written authorization
of all property owners.
2) The application shall meet the criteria established in each specified
zoning district.
b. PUD Review Procedures
1) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD plan to
determine its suitability.
4) The final phase shall require a detailed development plan for any part of
the approved conceptual PUD plan.
c. Standards for Approval of PUD Plans
The Planning Commission shall approve, deny or modify preliminary PUD plans,
based upon the following standards. Likewise, the City Commission shall
approve, deny, or modify final PUD plans (after review and recommendation by
the Planning Commission) based upon the following standards.
1) The uses proposed will have a beneficial effect, in terms of public health,
safety, welfare, or convenience of any combination thereof, on present and
potential surrounding land uses. The uses proposed will not adversely
affect the public utility and circulation systems, surrounding properties, or
the environment.
2) The uses proposed should be consistent with the land use plans adopted by
the City.
3) The amount of open space provided, which the Planning Commission or
City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
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4) The amount of off-street parking areas, which the Planning Commission
or City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
5) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.
6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
7) The uses proposed will result in safe, convenient, uncongested and well
defined vehicular and pedestrian circulation systems.
2. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary phase
approval:
a. A general development plan depicting the proposed locations of streets, parking
areas, open spaces, buildings and structures, and their spatial relationships, the
relationship to off-site improvements and infrastructure and any unusual
topographic features.
1) Approval by the Planning Commission of the PUD Preliminary Plan shall
remain in effect for a period not to exceed three (3) years from the date of
approval.
3. Final PUD Plan Submission
The applicant shall submit together with the application for PUD final phase approval,
development plans in sufficient detail and in so far as possible the specific locations and
dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck docks and
service drives;
b. all buildings and structures, elevations and spacial relationships;
c. landscaping, buffers, fences, and protective walls;
d. open space areas and other significant environmental features;
e. existing and final topographic changes;
f. identification and directional signage;
g. property survey prepared and certified by a licensed land surveyor;
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4. Amendments to an Approved Final PUD Plan
a. Incidental or minor changes may be approved by the Planning Commission if the
proposed modifications do not alter the basic design or land uses of the plan.
b. If the Planning Commission determines that the proposed modifications are
significant or major, a public notice and public hearing in accordance with
Section 2332 must be conducted prior to approval or denial.
5. PUD Development Time Limits
a. Construction of the improvements shown on the approved final PUD plan with all
proposed buildings, parking areas, landscaping and infrastructure must commence
within one year of approval by the City Commission.
b. Construction must be continued in a reasonable, diligent manner and be
completed within five (5) years.
c. Said five (5) year period may be extended if applied for in writing by the
petitioner and granted by the City Commission following public notice and public
hearing in accordance with Section 2332 of this ordinance. Failure to secure an
extension shall result in a stoppage of all construction.
STAFF RECOMMENDATION
Staff recommends approval of the request to amend the Final PUD for 100 Muskegon Mall, 380
W. Western Avenue, with the listed conditions.
DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2331of 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
23
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the minor amendment to the Final PUD for 100 Muskegon Mall, 380 W. Western
Avenue be (approved/denied) pursuant to the determination of (compliance/lack of compliance)
with the intent of the City Zoning Ordinance and City Master Land Use Plan, subject to the
following condition:
1. All conditions listed by the Planning, Fire Department, and Engineering in #6, 8 and #9
of the staff report be met.
24
Hearing; Case 2007-23: Staff initiated request to amend Section 300 (Districts) of Article III,
(Zoning Districts and Map), of the zoning ordinance to remove H, Heritage District as a
delineated zoning district.
BACKGROUND
Since the H, Heritage District has now been eliminated, any references to it needs to be removed
from the Zoning Ordinance.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
For the purposes of this Ordinance, the City of Muskegon is hereby delineated in the following
Districts:
R One Family Residential
MHP Mobile Home Park
RT Two Family Residential
RM-1 Low Density Multiple Family Residential
RM-2 Medium Density Multiple Family Residential
RM-3 High Density Multiple Family Residential
MC Medical Care
B-1 Limited Business
B-2 Convenience and Comparison Business
B-3 Central Business
B-4 General Business
B-5 Central Governmental Service
I-1 Light Industrial
I-2 General Industrial
WI-PUD Waterfront Industrial Planned Unit Development
OSC Open Space Conservation
OSR Open Space Recreation
LR Lakefront Recreation
WM Waterfront Marine
H Heritage
.
DELIBERATION
I move that the amendment to Section 300, (Districts), of Article III, Zoning Districts and Map,
of the City of Muskegon Zoning Ordinance to remove the reference to H as a delineated district,
be recommended to the City Commission for (approval/denial).
25
Hearing; Case 2007-24: Staff initiated request to amend Table I, (Heights, Areas, and Yards),
Table Notes, #6 of the zoning ordinance to remove the reference to the H zone.
BACKGROUND
Since the H, Heritage District has been eliminated from the Zoning Ordinance, Table 1 and it’s
“Table Notes” need to be amended to remove any reference to it.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
6. ***** Minimum front setbacks for new principal structures in the R-1, RT, and B-3, and
H zones, fronting on minor streets, may align with existing principal structures in the
immediate area, even if the front setback is below the minimum required.
26
TABLE I: HEIGHTS, AREAS, AND YARDS
RM-1 RM-2 RM-3 B-1 B-2 B-3 B-4 B-5 I-1 I-2 OSC** OSR** LR WM H WI-PUD
Zoning District R-1 RT
****** ****** ****** ****** ****** ****** ****** ****** ****** ****** ****** ****** ****** ****** ****** ******
Lot Size
Minimum (sq. ft.) 6,000 8,712 10,890 14,520 21,780 4,000 10,890 4,000 10,890 10,890 21,780 43,560 21,780 21,780 21,780 21,780 4,000 43,560
Density (dwelling unit
7 10 16 24 48 ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 24 ---- ----
per buildable acre)
Dedicated Common
---- ---- 15% 15% 15% ---- ---- ---- ---- ---- ---- ---- ---- ---- 15% 15% ---- ----
open space required
Maximum Lot Coverage
Buildings: 50% 50% 60% 70% 70% 50% 70% 100% 70% 80% 85% 85% 20% 20% 60% 60% 100% 75%
Pavement: 10% 10% 20% 20% 20% 25% 25% 25% 25% 25% 25% 25% 15% 15% 15% 25% 25% 25%
Lot Width 50 ft. 75 ft. 100 ft. 125 ft. 150 ft. 40 ft. 100 ft. 30 ft. 100 ft. 40 ft. 100 ft. 150 ft. 100 ft. 100 ft. 150 ft. 150 ft. 30 ft. 150 ft.
Maximum building
---- ---- 50% 50% 50% ---- ---- ---- ---- ---- ---- ---- ---- ---- 50% 50% ---- ----
width
Width to depth ratio 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3 1:3
Height
2 2 2 2 2
stories stories stories stories stories
Minimum: ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
or 35 or 35 or 35 or 35 or 35
ft.*** ft.*** ft.*** ft.*** ft.***
2 2 3 4 5 2 2 6 2 4 3 3 2 2 4 6 3
4 stories
Maximum: stories stories stories stories stories stories stories stories stories stories stories stories stories stories stories stories stories
(60 ft.)
(35 ft.) (35 ft.) (50 ft.) (60 ft.) (80 ft.) (35 ft.) (35 ft.) (90 ft.) (35 ft.) (60 ft.) (50 ft.) (50 ft.) (35 ft.) (35 ft.) (60 ft.) (90 ft.) (50 ft.)
Minimum Setbacks*
Front:
30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft.
Expressway & Arterial
Front: Major/ Collector 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft.
Front: Minor***** 15 ft. 15 ft. 20 ft. 20 ft. 20 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.
Rear:* 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.
From ordinary high
Water mark or 30 ft. 40 ft. 50 ft. 50 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft. 75 ft.
Wetland****
Side:*
1-story (least/total) 6/16 ft. 8/20 ft. 8/20 ft. 8/20 ft. 8/20 ft. 8/20 ft. 8/20 ft. ---- 8/20 ft. 8/20 ft. 10/20 ft 10/20 ft 6/16 ft 6//16 ft 8/20 ft. 8/20 ft. ---- 10/20 ft
10/24 10/24
2-story (least/total) 8/20 ft. 10/24 ft 10/24 ft 10/24 ft 10/24 ft 10/24 ft ---- 10/24 ft 15/25 ft 15/25 ft 8/12 ft 8/20 ft 10/14ft. 10/14ft. ---- 15/25 ft
ft ft
12/28
3-story (least/total) ---- ---- 12/28 ft 12/28 ft 12/28 ft ---- ---- ---- ---- 20/30 ft 20/30 ft ---- ---- 12/28 ft 12/28 ft ---- 20/30 ft
ft
16/36
16/36 16/36 16/36 16/36
+4
4 or more stories +4 +4 +4 +4
---- ---- ---- ---- ---- ---- ---- ft./stor ---- ---- ---- ---- ---- ----
(least/total) ft./story ft./story ft./story ft./story
y over
over 4 over 4 over 4 over 4
4
Maximum Setbacks
Front: Expressway
---- ---- ---- ---- ---- 50 ft. 50 ft. 50 ft. 50 ft. 50 ft. ---- ---- ---- ---- ---- ---- ---- ----
Arterial and Major
Front: Collector ---- ---- ---- ---- ---- 40 ft. 40 ft. 40 ft. 40 ft. 40 ft. ---- ---- ---- ---- ---- ---- ---- ----
Front: Minor ---- ---- ---- ---- ---- 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. ---- ---- ---- ---- ---- ---- ---- ----
***************See table preamble and notes************** ---- = Not applicable
DELIBERATION
I move that the amendment to Table I (Heights, Areas, and Yards), and Table 1 Notes, #6, of the
City of Muskegon Zoning Ordinance to remove references to the H zoning district, be
recommended to the City Commission for (approval/denial).
Case 2007-25: Request for site plan review for a 24 unit townhouse/apartment development at
552 and 570 W. Clay Avenue, by Karl Chew, Renaissance Place LDHA LP.
Applicant: Karl Chew, Renaissance Place
Property Address/Location: 552 & 570 W. Clay Avenue
Request: Site Plan Approval for Multi Family Building
Present Land Use: Vacant/Warehouse
Zoning: B-3, Central Business District
STAFF OBSERVATIONS
1. A portion of the site is presently vacant, and the remainder has a warehouse building that
is set to be demolished as part of this project.
2. The applicant requests approval for a construction of a 24-unit townhouse/apartment
building. The development will be for senior citizens, age 55 and over. It will also be
income restricted.
3. The property has been recently rezoned from H, Heritage to B-3, Central Business. The
properties to the north, west and east are zoned B-3, and to the south the properties are
zoned R, One Family Residential.
4. Design review was done by the Historic District Commission on June 5th. The design
was approved, with some minor revisions to be approved by Planning Department Staff.
Their approval was required because the properties are in Clay-Western Historic District.
5. The Historic District Commission gave their approval in 2006 for the demolition of the
remaining warehouse building.
6. The parking meets the revised parking requirements for residential developments in the
Downtown Parking Overlay District.
7. The Planning Department requires the following amendments to the site plan as condition
of approval:
a. Show area reference points for adjacent properties (drives, structures within 100
ft.).
b. Indicate 100% cut-off lighting for all outdoor lighting.
c. Revise the landscaping plan to indicate adequate number of canopy trees in the
front setback, and proper landscaping for the parking lot bump-outs.
d. Any signage would require a sign permit.
8. The Engineering Department has no issues with the site plan.
9. The Fire Department has the following conditions:
a. Owner shall contact the State office of DEQ concerning environmental
contamination and remediation for this site.
b. Fire flow water supply test shall be conducted and submitted to the Fire Marshall.
c. Key box to be installed on building’s street front.
29
10. The DPW has no issues with this site plan, but does have the following comment:
a. Contact Kelly DeFrench for water & sewer service and connection fees at 231-
724-4184.
11. Staff has received no comments regarding this request.
Front view of 1440 E. Sherman Blvd. Trees to be removed for parking area.
New entrance will be located in this area. New addition to occupy this area.
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.
30
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.
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
31
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
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
32
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 a multi-family residential
building at 552 and 570 W. Clay Avenue, subject to the conditions listed below.
DETERMINATION
The following motions are offered for consideration:
I move that the site plan for a multi-family residential building, located at 552 and 570 W. Clay
Avenue for Karl Chew, Renaissance Place, be (approved/denied/tabled), based on the following
findings and conditions (if approved):
1. All requirements addressed in item #7 of the staff report shall be provided as needed on a
revised site plan prior to issuance of a building permit.
2. All conditions of the Fire Department listed in item #9 of the staff report are met.
33
Case 2007-26: Request for site plan review for a Hyundai car dealership at 2501 Henry Street,
by Bryan Betten, Betten Chevy-Cadillac.
Applicant: Bryan Betten, Betten Chevy-Cadillac
Property Address/Location: 2501 Henry Street
Request: Site Plan Approval for Hyundai dealership
Present Land Use: Car dealership
Zoning: B-4, General Business
STAFF OBSERVATIONS
1. The property is the site of the former Tom Miller Pontiac dealership.
2. The applicant requests site plan approval for the removal of the present building and
temporary trailer used for a used car sales office and construction of two new buildings.
3. The property is zoned B-4, General Business. The properties to the north and east are
zoned B-4, and those to the south and west are zoned B-2, Convenience and Comparison
Business.
4. When the environmental work was done on the site, some minor contamination was
found. In order to bring the entire site to the same grade, some soil will be stripped from
the front of the site and placed in the rear. It is a requirement of the State DEQ that the
soil be capped after being moved to the rear of the site. This will be done with asphalt
paving, and then striped for approximately 150 additional parking spaces.
5. Ordinarily, Staff would recommend that this is excessive parking and excess paving for
the property, but due to the DEQ’s capping requirements, Staff believes the parking plan
is acceptable.
6. The project will be done in phases, with the Hyundai dealership being the first building
constructed. The time line for construction of the entire site is unknown.
7. Staff recommends that no existing pole signs be removed before consulting with Mike
Cameron, Code Coordinator. Some signage is nonconforming, and if removed, may not
be replaced. Mike can advise the owner as to how to best make use of the present signs,
and what additional signage may be allowed.
8. The Planning Department requires the following amendments to the site plan as condition
of approval:
a. Show building dimensions, including heights of proposed buildings.
b. All conditions of the “Zero lot line option” must be met, including the condition
that states: “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”.
c. Show location of snow storage areas.
d. Indicate height of poles for all outdoor lighting.
e. Details of dumpster screening must meet the zoning ordinance requirements and
be shown on the site plan.
34
f. Show location of Fire Department key lock box.
g. Show gradient for the swale at the rear of the property. It may not be more than
1:3.
9. The Engineering Department has the following conditions of approval:
a. Proposed drives need to be concrete and a sidewalk through needs to be separate
concrete as well, up to the property line.
b. A soil erosion permit must be obtained from the County.
10. The Fire Department has no issues with the site plan.
11. The DPW has no issues with this site plan, but does have the following comment:
a. Contact Kelly DeFrench for water & sewer service and connection fees at 231-
724-4184.
21. Staff has received no comments regarding this request.
View from across Henry Street looking west. View looking north from Walgreen’s.
View of used car office/trailer to be demolished. View of rear of the site.
35
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.
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
36
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
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
37
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 a new car dealership at 2501
Henry Street, subject to the conditions listed below.
DETERMINATION
The following motions are offered for consideration:
I move that the site plan for a new car dealership, located at 2501 Henry Street for Bryan Betten,
Betten Chevy-Cadillac, be (approved/denied/tabled), based on the following findings and
conditions (if approved):
1. All requirements addressed in item #8 of the staff report shall be provided as needed on a
revised site plan prior to issuance of a building permit.
2. All conditions of the Engineering Department listed in item #9 of the staff report are met.
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