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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, December 13, 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 regular meeting of November 15, 2007.
III. PUBLIC HEARINGS
A. Hearing; Case 2007-47: Request to amend the Final PUD for Phase II of the
Watermark Development, 920 Washington Avenue and 1321 Division Street,
for additional parking for an assembly/rental hall, by Gary Breen, Concept Design
Studio.
B. Hearing; Case 2007-48: Request to amend the Final PUD for 100 Muskegon
Mall for the properties located at 296, 290, 276, and 274 W. Clay Avenue, and
887 and 889 First Street, to allow a residential development with small office,
commercial and retail as incidental uses, by Gary Post, Heritage Square
Development.
C. Hearing; Case 2007-49: Request for a Special Land Use Permit, per Section
1301 (#7) of Article XIII, B-4, General Business Districts, of the Zoning
Ordinance, to allow a church at 1260 W. Sherman Boulevard, by Mike
Housekamp, Celebration Community Church.
D. Hearing; Case 2007-50: Staff initiated request to amend Section 1301, #14, of
Article XIII, B-4, General Business Districts, Section 1400, #13 of Article XIV, I-
1, Light Industrial Districts, and Section1500, #9, of Article XV, I-2, General
Industrial Districts to remove the reference to Section 2308 (l) (f).
IV. OLD BUSINESS
V. OTHER
VI. 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
December 13, 2007
Hearing; Case 2007-47: Request to amend the Final PUD for Phase II of the Watermark
Development, 920 Washington Avenue and 1321 Division Street, for additional parking for an
assembly/rental hall, by Gary Breen, Concept Design Studio.
Applicant: PUD Amendment
Property Address/Location: 920 Washington Avenue and 1321 Division Street
Request: Amend the PUD to include assembly/rental hall uses and
add parking to accommodate the new use.
Present Land Use: Vacant commercial and vacant land.
Zoning: I-1, Light Industrial District, with PUD Overlay
STAFF OBSERVATIONS
1. This PUD for Phase II of the Watermark was given final approval by the City
Commission in May 2004.
2. The requested use for this phase of the development was left at “commercial” and it was
planned that there would be three commercial store fronts located inside that portion of
the building. The plan included 29 parking spaces, which would have been adequate.
3. Since the new use requires more intense parking, it was necessary for the site to include
an additional parking lot across Division Street from the building housing Phase II.
4. The new proposed parking lot has 124 parking spaces, and the original parking lot
located on the corner of Washington and Division has been expanded from 29 parking
spaces to 49 for a total of 173 parking spaces. While this seems excessive, staff believes
that the additional parking will be necessary when the next phase of the development
takes place. It seems to make sense to develop the new parking lot all at once, rather than
piece meal, with more parking added to it down the road. In addition, the Fire Marshall
can’t make a determination of the occupancy load without seeing interior designs of the
building.
5. The Planning Department requires the following amendments to be made to the site plan
as a condition of approval:
a. Provide the correct zoning designation of the property.
b. Include the parcel numbers of the two parcels.
2
c. Show existing land use and zoning classification of abutting properties.
d. Include a grading plan.
e. Show soil erosion and sedimentation control measures.
f. Show the location and size of all existing and proposed utilities and easements.
g. Indicate location of snow storage.
h. Indicate on site plan that all lighting will be “100%” cut off lighting.
i. The dumpster shown on this plan was not on the original plan for the PUD.
Please show detail of the required screening.
j. Indicate location of fire lanes, fire lock box, hydrants, standpipes, and security
lighting.
k. Since there are some residentially zoned properties on the southeast end of the
parking lot, the fence to be erected in that area must be 6 feet in height and
constructed to screen the parking lot from the residential uses.
In addition, the landscape plan is inadequate for the following reasons:
a. Needs to show location, spacing, size and descriptions for each plant type
used.
b. It does not appear that there are enough canopy trees in the setback of
either property, but because the landscaping elements aren’t labeled, it’s
hard to make a determination.
Staff is willing to work with the applicant to bring the landscaping into better compliance
with the zoning ordinance.
6. The Department of Public Works and Engineering Department have no outstanding
issues with this request.
7. The Fire Department has the following conditions of approval:
a. Project shall comply with NFPA 1141 fire protection in planned building groups.
b. Please list or submit use of new addition information to Fire Marshall.
8. Staff has received no comments regarding this request.
View of completed Phase II building. Proposed parking expansion area for Phase II.
3
Proposed parking area at 1321 Division Street.
4
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
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
5
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.
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
6
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;
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 the Watermark
Development at 920 Washington Avenue and 1321 Division Street, with the listed conditions.
7
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
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the minor amendment to the Final PUD for the Watermark Development at 920
Washington Avenue and 1321 Division Street 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 revisions to the site plan listed in #5 of the site plan are completed and approved by
the Planning Department.
2. An amended landscape plan is submitted and approved by the Planning Department.
3. All conditions of the Fire Department stated in #7 of the staff report are met.
8
Hearing; Case 2007-48: Request to amend the Final PUD for 100 Muskegon Mall for the
properties located at 296, 290, 276, and 274 W. Clay Avenue, and 887 and 889 First Street, to
allow a residential development with small office, commercial and retail as incidental uses, by
Gary Post, Heritage Square Development.
Applicant: Gary Post, Heritage Square Development
Property Address/Location: 296, 290, 276, 274 W. Clay Avenue and 887 & 889 First
Street
Request: PUD Amendment
Present Land Use: Vacant
Zoning: B-3, Central Business, with a PUD Overlay
STAFF OBSERVATIONS
1. The approval for the Final PUD was given by 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. This amendment targets several vacant lots that contained parking for the former
Muskegon Mall, located on Clay Avenue between First and Second Streets.
4. The request is to allow for not only a residential development, but would also include
small offices and some commercial/retail uses as incidental to the residential. The first 3
units would begin construction as soon as possible, and further units built as they are
sold.
5. Parking will be accommodated entirely on the site. There are 22 units, which would
require 33 parking spaces, and 34 spaces are provided. The units will be either two or
three stories, and most will include garages. Those that don’t include garages will be
using additional open parking spaces provided for on the site.
6. The residential units will be of the “Brownstone” or “Town/row” house style required in
the DMDC Design Standards, adopted by City Commission as part of the Final PUD.
7. The landscape plan is adequate for the site, with rear landscaping elements addressed by
individual unit owners.
8. The Planning Department requires that the following items be amended on the site plan
as a condition of approval:
a. Provide parking space length dimension.
b. Provide the parcel numbers and street address of the properties.
c. Include the height of the proposed structures.
d. Show area reference points for adjacent properties (drives, structures within 100
9
feet).
e. Indicate existing zoning classification of abutting properties.
f. Include arrows showing direction of existing overland flow of storm water runoff.
g. Show snow storage locations, or indicate if snow will be removed from the site.
h. Show sidewalks on the Second Street side of the buildings.
i. Indicate location of fire lanes and fire lock boxes.
9. The Department of Pubic Works has no outstanding issues with this site plan.
10. The Engineering Department had no comments on this site plan.
11. The Fire Department has the following conditions of approval:
a. Project shall comply with NFPA 1141, Fire Protection in Planned Building
Groups.
b. Water supply fire flow calculations shall be conducted and submitted to the Fire
Marshall.
c. Post indicating valve required for fire suppression.
d. Key box shall be in stalled for Fire Department access.
12. There were no comments received regarding this request.
View of property from First Street. View from W. Clay Avenue.
10
More views of the property from W. Clay Avenue.
11
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
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
12
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.
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.
70 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
13
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;
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, for
properties at 296, 290, 276, 274 W. Clay Avenue and 887 and 889 first Street Street, with the
listed conditions.
14
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
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 for properties at
296, 290, 276, and 274 W. Clay Avenue and 887 and 889 First Street 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 revisions to the site plan listed in #8 of the staff report are completed and approved by
the Planning Department.
2. All conditions of the Fire Department stated in #11 of the staff report are met.
15
Hearing; Case 2007-49: Request for a Special Land Use Permit, per Section 1301 (#7) of
Article XIII, B-4, General Business Districts, of the Zoning Ordinance, to allow a church at 1260
W. Sherman Boulevard, by Mike Housekamp, Celebration Community Church.
Applicant: Mike Housekamp, Celebration Community Church
Property Address/Location: 1260 W. Sherman Boulevard
Request: Special Land Use Permit
Present Land Use: Vacant former car dealership
Zoning: B-4, General Business District
STAFF OBSERVATIONS
1. The building at 1260 W. Sherman Boulevard is the presently vacant, but has been used as
a car dealership in the past. It has been vacant since the Tony Betten Dealership closed
its doors and moved in with another dealership outside of the City.
2. The applicant wishes to use the building for a church. Celebration Community Church
has been holding services at West Michigan Christian High School, in Norton Shores.
3. The properties to the north zoned R-1 One Family Residential, and the parcels to the east
and west are zoned B-4. To the south is the city of Roosevelt Park.
4. The site plan submitted with the application is adequate. The parking lot is paved, but
would need to be striped. The grassy areas along Sherman will be landscaped to soften
the appearance of the large parking area. No new outdoor lighting has been proposed,
but if any new lights are requested, the site plan would need to be amended and
additional lights would be required to be 100% cut-off style.
5. The following are conditions required for approval of a church in a B-4 zone, and are met
by the present building:
a. The site shall be located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of buildings that exceeds the maximum
height allowed.
6. The Department of Public Works had the following condition of approval:
a. Contact Dave Smith, City DPW at 724-6989, regarding placement and installation
of proposed new fire hydrant.
7. The Engineering Department had no comments on t his site plan.
8. The Fire Department has the following conditions of approval:
16
a. Fire Department comments were not available at the time of this staff report.
Staff will bring them to the meeting.
9. Colleen Sieradski, owner of Nauty’s, 1300 W. Sherman voiced her objection to the
request. She feels the property should stay commercial, and isn’t sure how the change in
use could affect her liquor license.
Lewis Spyke, 1334 Beardsley, called to object tothis request. He gave no reasons.
View of the west side of the property. View of the east side and parking lot.
17
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.
18
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
ntersection of any two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and other
outdoor recreation activities subject to the following: [amended 2/02]
a. Amusement parks or amusement facilities must be fenced on all sides with a four
foot six inch (4'-6") high wall or fence.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major
thoroughfares and shall not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-street
waiting space. No vehicle shall be permitted to wait or stand within a dedicated
road right-of way.
6. Private clubs, lodges, social and similar facilities.
7. Churches and other facilities normally incidental thereto subject to the following
conditions:
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.
19
b. One (1) parking space shall be provided for each twenty (20) rental units
within the buildings, and one (1) parking space shall be provided for each
employee on site.
c. Between warehouses, there shall be a minimum of twenty five (25') feet
for internal access drives. Traffic direction and parking shall be designated
by signaling or painting.
d. The lot area used for parking and access shall be provided with a
permanent, durable, dustless surface and shall be graded and drained so as
to dispose of all surface water.
e. All lighting shall conform to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of areas
adjacent to any residential zone or use.
g. Retail, wholesale, fabrication, manufacturing, or service activities may not
be conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery
or pick-up of goods in truck in excess of one and one-half (1.5) ton rated
capacity shall be permitted.
i. All storage shall be within the enclosed building area. There shall be no
outside storage or stockpiling.
j. No storage of hazardous, toxic, or explosive materials shall be permitted at
the facility. Signs shall be posted at the facility describing such
limitations.
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.
20
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.
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 (#7) of Article XIII of the
Zoning Ordinance, to allow for a church in a B-4 zoning district at 1260 W. Sherman Boulevard,
by Mike Housekamp, Celebration Community church, be (approved/denied/tabled, based on
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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. The parking lot be striped.
2. The condition listed by the DPW in #6 of the staff report be met.
3. All conditions of the Fire Department be met.
4. The Special Land Use Permit affidavit shall be recorded with the register of deeds prior
to occupying the building.
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Hearing; Case 2007-50: Staff initiated request to amend Section 1301, #14, of Article XIII, B-
4, General Business Districts, Section 1400, #13 of Article XIV, I-1, Light Industrial Districts,
and Section1500, #9, of Article XV, I-2, General Industrial Districts to remove the reference to
Section 2308 (l) (f).
BACKGROUND
Staff recently discovered that these sections of the ordinance have references to what was
formerly the sign ordinance section of the ordinance. The section being referred to, Section 2308
(1) (f), was a reference to real estate and “For Sale” signs that was replaced with Section 2334,
Signs, #5, Exempt Signs, when the entire sign ordinance was updated and amended in August
1998 . The change to the ordinance at that time actually made the sign ordinance less restrictive.
Section 2308 currently is the “Outdoor Seating” section of the ordinance that was adopted by
City Commission in March 2007, therefore the reference to that section needs to be removed
from Sections1301, 1400 and 1500.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Section 1301, #14
14. Non-accessory signs provided that the signs conform to section 2308 (1) (f) of this Code.
Section 1400, #13
13. Non-accessory signs provided that the signs conform to section 2308 (1) (f) of this Code.
Section 1500, #9
9. Non-accessory signs provided that the signs conform to section 2308 (1) of this Code.
DELIBERATION
I move that the amendments to Section 1301, #14 of Article XIII, B-4, General Business
Districts, Section 1400, #13 pf Article XIV, I-1, Light Industrial Districts, and Section 1500, #9,
of Article XV, I-2, General Industrial Districts, of the City of Muskegon Zoning Ordinance to
remove the reference to Section 2308 (1) (f), be recommended to the City Commission for
(approval/denial).
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