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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, February 16, 2006
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 January 12, 2006.
III. Election of Officers – Chair/Vice Chair
IV. PUBLIC HEARINGS
A. Hearing; Case 2006-02: Request to vacate the undeveloped portion of Frisbie
Street south of Palmer and West of McGraft Church, by Ralph VanRiper, Head
Deacon of McGraft Church.
B. Hearing; Case 2006-03: Request to vacate the Southwest 132 feet of the alley
located in Block 187 Bounded by Terrace Street, E. Muskegon Avenue, Pine
Street, and W. Webster Avenue, by Nancy McCarthy, Hackley Visiting Nurse
Services & Hospice.
C. Hearing; Case 2006-04: Request to rezone the property at 908 Terrace Street,
formerly Beerman’s Music, from B-3, Central Business, to B-5, Central
Governmental Service District, by Nancy McCarthy, Hackley Visiting Nurse
Services & Hospice.
D. Hearing; Case 2006-05: Staff initiated request to amend 2000 & 2001 (H,
Heritage Districts) of Article XX to include additional principal uses for
properties fronting on W. Western Avenue between 4th and 9th Streets and
additional special uses for the entire H, Heritage district.
V. OLD BUSINESS
A. Hearing; Case 2005-39: Request for a special land use permit, per Section 701
(2.) of Article VII, of the zoning ordinance, to allow administrative offices in an
RM-1 Low Density Multiple-Family Residential zoning district at 1705 Peck
Street, by the Muskegon Rescue Mission – Tabled at the October 2005 meeting.
\\Muskdata\Data\Planning\COMMON\Zoning\Planning_Commission\PC2006\2006 Agendas\pc2-06.doc
B. Hearing; Case 2005-41: Staff initiated request to amend Sections 2200, 2201,
2202, 2203, and 2204 (Nonconforming Uses) of Article XXII of the Zoning
Ordinance – Tabled at January 2006 meeting.
VI. NEW BUSINESS
A. Case 2006-01: Request for Site Plan Review for outdoor storage on an industrial
property at 2360 S. Getty Street, by Steve Franklin, Franklin Contractors.
VII. OTHER
Discussion of sign ordinance – Banners – Staff’s intention was to include amended
banner language as an agenda item for February. However, the length of the present
agenda made that unrealistic. Hopefully, this amendment can be brought before you at
the March meeting.
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:
Gail A. Kundinger, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
\\Muskdata\Data\Planning\COMMON\Zoning\Planning_Commission\PC2006\2006 Agendas\pc2-06.doc
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
February 16, 2006
Hearing; Case 2006-02: Request to vacate the undeveloped portion of Frisbie Street
south of Palmer and West of McGraft Church, by Ralph VanRiper, Head Deacon of
McGraft Church.
BACKGROUND
The applicant is McGraft Church. Their property abuts the platted but undeveloped
portion of Frisbie Street. The church has preliminary plans to build a “Family Life
Center Building”, however their present property isn’t large enough to accommodate the
size building they would like. They initially approached the City through the Leisure
Services Department to obtain a lease for a portion of McGraft Park property adjacent to
their for construction of their building. However, since McGraft Park is a “Charter Park”
this is not a possibility.
This street vacation is not your ordinary street vacation request. Streets that are located
within approximately 80 feet of a body of water may only be vacated by the circuit court.
According to the Subdivision Control Act, Section 560.256:
Land in a subdivision dedicated to the use of the public for purposes other than
pedestrian or vehicular travel, or land dedicated for a public way which is under
the jurisdiction of a municipality, a portion of which public way is within 25
meters of a lake or the general course of a stream, shall not be revised, altered, or
vacated except by order of the circuit court in the county in which the land is
situated.”
Since the church needs the additional 33 feet of this street for their addition, which would
become church property if Frisbie Street is vacated, they are willing to pursue the final
vacation in circuit court. In order for them to move forward with this action, approval of
the vacation must be granted by City Commission.
Engineering, Fire and DPW have no issues with the proposed vacation. The church has
requested that no utility rights be retained, since they need to locate a portion of their
building on the additional property. There are no city utilities located in the platted street
right-of-way, and staff has had no response from other utilities that were notified of this
request. The church accesses their utilities from the developed portion of Frisbie and
Roilson Streets.
View from across Ruddiman Creek. View from improved Frisbie St.
STAFF RECOMMENDATION
Staff recommends approval of the request.
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DELIBERATION
I move that the vacation of the undeveloped portion of Frisbie Street, south of Palmer and
West of McGraft Church, be recommended to the City Commission for (approval/denial,
based on (compliance/lack of compliance), with the City’s Master Land Use Plan.
3
Hearing; Case 2006-03: Request to vacate the Southwest 132 feet of the alley
located in Block 187 Bounded by Terrace Street, E. Muskegon Avenue, Pine Street,
and W. Webster Avenue, by Nancy McCarthy, Hackley Visiting Nurse Services &
Hospice.
BACKGROUND
The applicant is the new owner of the property at 908 Terrace Street, formerly Beerman’s
Music. They also own the property at 888 Terrace Street, which is the site of Hackley
Visiting Nurse Services & Hospice. Parking on their current site is very tight, and they
have been utilizing parking on 908 Terrace Street through an agreement with the former
owner. They would like to join the two properties, and further develop the parking area
with some green space that would provide a park like setting for their patients and staff.
Presently, the alley has become somewhat of a pedestrian hazard as employees or
patient’s families crossing it to get to the parking area have nearly been hit by cars using
the alley as a through-way between Pine and Terrace Streets. Access from Pine Street
would be kept open for those property owners on that end of the alley as access.
Engineering, Fire, and DPW have all been requested to inspect this alley to determine if
any problems would be created if it is vacated. Fire has no issues with this request.
DPW does have sanitary sewer in the alley, but staff recommends that utility rights be
retained.
Alley view from Terrace Street. Looking down the alley toward Terrace.
STAFF RECOMMENDATIONI
Staff recommends approval of the request.
DELIBERATION
I move that the vacation of the Southwest 132 feet of the alley located in Block 187
bounded by Terrace Street, E. Muskegon Avenue, Pine Street, and W. Webster Avenue,
be recommended to City Commission for (approval/denial), based on (compliance/lack of
compliance), with City’s 1997 Master Land/Downtown Lakeshore Redevelopment Plan,
with the following conditions:
1. All utility easements will be retained.
4
Hearing; Case 2006-04: Request to rezone the property at 908 Terrace Street, formerly
Beerman’s Music, from B-3, Central Business, to B-5, Central Governmental Service
District, by Nancy McCarthy, Hackley Visiting Nurse Services & Hospice.
BACKGROUND
Applicant: Hackley Visiting Nurse Services & Hospice
Property Address/Location 908 Terrace Street
Request: Rezone from B-3, Central Business to B-5, Central
Governmental Service
Present Land Use: Vacant/Parking
Zoning: B-3, Central Business
STAFF OBSERVATIONS
1. The subject property at 908 Terrace Street was the location of the former
Beerman’s Music. The building has been purchased by Hackley Visiting Nurse
Services & Hospice and the Beerman’s building has been demolished.
2. Hackely Visiting Nurse Service & Hospice is located adjacent to the subject
property at 888 Terrace.
3. Hackley Visiting Nurse Services & Hospice wish to develop the now mostly
vacant property for parking and green space.
4. The property at 888 Terrace was rezoned from B-3 to B-5 in 2003 when Visiting
Nurses purchased the former Hage’s Christian Supply building.
5. Properties to the Northeast and Southwest are zoned B-3, Cental Business.
Properties to the Northwest and Southeast, are zoned B-5, Central Governmental
Service.
6. The Downtown/Lakeshore Redevelopment Plan shows this property located in the
“Service Center” which “gives a home for community, even religion-wide
services and functions”.
7. Staff has received no comments regarding the request.
5
Former Beerman’s site, 908 Terrace St. East side of HVNS building/parking area.
Hackley Visiting Nurse Services & Hospice building.
6
7
ORDINANCE EXCERPTS
ARTICLE XII - B-3 CENTRAL BUSINESS DISTRICT
PREAMBLE
The City of Muskegon B-3 Central Business District is designed and intended to provide
for and regulate land and building uses so as to continue to create a shopping, living,
cultural, governmental, office, heritage, and institutional focal point for the City of
Muskegon and the Muskegon Area. The District is designed to provide flexibility to
encourage a diversity of uses, yet provide regulatory standards to create and maintain a
safe and aesthetic environment.
SECTION 1200: PRINCIPAL USES PERMITTED
In the B-3 Central Business District, no building or land shall be used and no building
shall be erected, structurally altered, or occupied except for one (1) or more of the
following specified uses, unless otherwise provided in this Ordinance.
1. Retail sales of new merchandise provided that all sales are made from a
completely enclosed building except that this section shall not prohibit the
sales of antique collector items, this section shall prohibit the operation of
a store whose primary sales are previously used products, except as further
regulated.
2. Professional and personal services of any type where any repair work done
on the premises is incidental to the service rendered.
3. Banks, including those with drive-in windows, and other financial
institutions.
4. Restaurants and cocktail lounges.
5. Business schools, or private schools operated for profit. Examples of
private schools permitted herein include, but are not limited to, the
following: dance schools, music and voice schools, and art studios.
6. Offices of business, government, and the professions.
7. Hotels and motels.
8. Indoor theaters.
9. Residential uses as part of a building in this business zone shall be allowed
upon issuance of Certificate of Occupancy from the Department of
Inspections, but provided that the minimum lot requirements of the RM-3
District are met.
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10. Accessory buildings and accessory uses customarily incidental to the
above Principal Uses Permitted.
11. Uses similar to the above Uses Permitted.
SECTION 1201: 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.
1. Automobile service stations for the sale of gasoline, oil, and minor repair,
not including major repair such as engine rebuilding, undercoating, and
similar industrially oriented activities and subject further to the following:
a. The curb cuts for ingress and egress to a service station shall not be
permitted at such locations that will tend to create traffic hazards in
the streets immediately adjacent thereto. Entrances shall be no less
than twenty-five (25) feet from a street intersection (measured
from the roadway) or from adjacent residential property, and
subject to other Ordinances of the City.
b. The minimum lot area shall be ten thousand (10,000) square feet,
and so arranged that ample space is available for motor vehicles
which are required to wait.
c. There shall be provided, on those sides abutting or adjacent to a
residential district or residential uses a four foot (4') completely
obscuring wall or fence. The height of the wall or fence shall be
measured from the surface of the ground.
d. All lighting shall be shielded from adjacent residential districts and
from abutting streets.
2. Amusements and recreational facilities, including bowling alleys and
skating rinks.
3. Commercial parking lots and parking structures.
4. 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.
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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 of
building that exceeds the maximum height allowed.
5. Specialized adult educational programs, under the following conditions:
[amended 1/02]
a. The program must be associated with a school district.
b. No residency will be permitted in the facility.
c. The hours of operation will be limited to the regular school
hours of the associated school district.
d. The facility must be located either on a major street or
within two (2) blocks of regular bus service.
e. No more than 75 students can be associated with the
program.
6. 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.
7. Accessory buildings and accessory uses customarily incidental to the
above Special Land Uses Permitted.
8. Uses similar to the above Special Land Uses Permitted.
SECTION 1202: PLANNED UNIT DEVELOPMENTS
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Planned developments may be allowed by the Planning Commission under the
procedural guidelines of Section 2101. The intent of Planned Unit Developments
in the B-3 Central Business District is to allow mixed land uses, which are
compatible to each other, while prohibiting nonresidential uses which would not
be compatible or harmonious with residential dwellings or other commercial uses.
1. Uses permitted in Section 1200 and 1201 together with
combinations of multiple family residential development, provided
such uses are located on parcels of at least ten (10) acres in area,
and abut a major thoroughfare.
2. Accessory buildings and accessory uses customarily incidental to
the above combination.
SECTION 1203: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 4,000 sq. feet.
2. Maximum lot coverage:
Buildings: 100 %
Pavement: 25%
3. Lot width: 30 feet (shall be measured at road frontage unless a
cul-de-sac, then measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not
be more than three (3) times longer its width.
5. Height Limit:
Maximum height: 6 stories or 90 feet
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the following street
corridors:
Western Avenue from Ninth Street to Pine Street.
Clay Avenue from Seventh Street to Fourth Street.
Pine Street; from Western Ave. to Apple Avenue.
Height measurement: In the case of a principal building, the vertical
distance measured from the average finished grade to the highest point of
the roof surface where the building line abuts the front yard, except as
follows: to the deck line of mansard roofs, and the average height between
eaves and the ridge of gable, hip, and gambrel roofs (see Figure 2-2). If
the ground is not entirely level, the grade shall be determined by averaging
the elevation of the ground for each face of the building (see Figure 2-4).
11
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
Note: For minimum front setbacks new principal structures on minor
streets may align with existing principal structures in the immediate area
even if the setback is below the minimum required.
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal
structures only).
9. Side setbacks: no requirement
Note, setback measurement: All required setbacks shall be measured from
the right-of-way line to the nearest point of the determined drip line of
buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear
lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line
development under the building code.
b. The building has adequate fire access preserved pursuant to fire
code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property
owner and recorded with the County Register of Deeds and
provided to the zoning administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers,
unless zero-lot-line is employed for a structure or fire access. At least fifty
percent of all required front setbacks shall be landscaped and adjacent to
the road right-of-way. An average minimum greenbelt of 10 feet shall be
maintained along each street frontage. [amended 12/01, amended 10/02]
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B-5 CENTRAL GOVERNMENTAL SERVICE DISTRICT
PREAMBLE
The B-5 Central Governmental Services District is designed to provide for a wide
variety of uses associated with county and city governmental services, businesses
and residential uses appropriate for the downtown area. The Central
Governmental Service District recognizes the city's multiple roles as the county
seat, employment center, the urban core of a larger metropolitan area and home of
historic, stable neighborhoods.
SECTION 1304. PRINCIPAL USES PERMITTED:
In the B-5 Central Governmental Services District, no building or land shall be
used and no building shall be erected, structurally altered, or occupied except for
one (1) or more of the following specified uses, unless otherwise provided in this
Ordinance:
1. Municipal, county and state administrative offices.
2. Municipal fire stations.
3. Sheriff or police department offices and facilities, not including jail or
correctional facilities.
4. Community centers.
5. Retail businesses which supply retail foods, drugs, dry goods, appliances,
notions, books, newspapers, gifts, furniture, hardware or similar retail
businesses, not including "adult" or sexually oriented businesses.
6. Professional and business offices including medical clinics.
7. Banks, with or without drive-in facilities.
8. An Adult Foster Care Facility for any number of people.
9. Child care or day care center.
10. Residential apartments associated with or accessory to a permitted use
provided the residential use is not on the main floor and constitutes no
more than 50% of the total floor area of the principal structure.
11. Expansion of an existing secure correctional facility operated by the
Muskegon County Sheriff's Department.
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12. Restaurants and cocktail lounges.
13. Accessory buildings and accessory uses customarily incidental to the
above Principal Uses Permitted.
14. Single family detached dwellings.
SECTION 1305: PROHIBITED USES
All uses not specifically permitted are prohibited. However, certain uses, which
may seem otherwise compatible with permitted uses or special uses listed in this
Article, are deemed by the city to be particularly unacceptable:
1. Halfway houses or other unsecured facilities for parolees or persons
serving any criminal sentence, probation or parole violation, including
privately owned and operated facilities, or similar facilities which house
persons in a building under the jurisdiction of, or (if State law does not
preempt), operated by, the Michigan Department of Corrections; similar
unsecured facilities operated by or under the jurisdiction of the Sheriff's
Department or the Courts.
2. Any unsecured facilities for the holding or residence of juvenile or
youthful offenders subject to the Juvenile Division of Probate Court, or the
Family Court.
3. Outdoor storage, warehouses, garages, except for garages which are
deemed by the zoning administrator or Zoning Board of Appeals to
constitute accessory structures to permitted or previously approved
special uses.
SECTION 1306: SPECIAL LAND USES
The following uses, and their accessory buildings and accessory uses, shall be
permitted as special uses under Section 2332 after review and approval of the use
(and a site plan) by the Planning Commission, after Public Hearing, subject to the
applicable conditions imposed by the Planning Commission.
1. Correctional facilities provided:
a. The facility meets national, state, and local codes and design criteria
for correctional facilities including, without limitation, construction
and security requirements.
b. The facility is secure, "lock-up," and operated by the County Sheriff's
Department or City of Muskegon Police Department.
14
c. The facility shall be screened from residential uses, using materials
and fencing compatible with residential uses and practice.
d. Lighting, access and security devices shall be located and screened to
avoid negative effects on, and achieve compatibility with, surrounding
and adjacent uses and properties.
e. Facilities for transportation of prisoners must be located inside the
secured areas of the building.
2. Youth homes provided the facility meets the same requirements as a
Secured Correctional facility approved as a special use in this District.
3. Parking Structures.
4. Multiple family residential uses.
5. Temporary uses, which shall be applied for and utilized in accordance
with reasonable special conditions limiting the duration of the use. Such
conditions may include, without limitation, imposition of the time limit for
the use, the requirement of dismantling, restoration of improvements to
their former configurations, consent to and execution of documents giving
unconditional rights of entry to the city to carry out eviction, dismantling
and restoration activities and the requirement of bonding or other security
to assure the discontinuance and structural changes needed or appropriate
in the judgment of the Planning Commission to terminate the use.
Temporary uses may include, in the sole discretion of the Planning
Commission, uses which are not permitted uses or special uses
enumerated in this Ordinance, as well as permitted and special uses in this
district. The Planning Commission may determine to limit the duration of
any special use under consideration in accordance with this paragraph.
[Original SECTION 1307 (Signs) was REPEALED in 10/98]
SECTION 1307: PLANNED UNIT DEVELOPMENTS
Planned Unit Developments may be allowed by the Planning Commission and
City Commission pursuant to Section 2101. The intent of Planned Unit
Developments in the B-5 Central Governmental Services District is to allow
mixed land uses, which are compatible with adjacent and nearby uses in
existence, with a particular concern to protect residential uses and commercial
uses. The following combinations of uses are authorized in Planned Unit
Developments. Distance requirements and provisions of the B-5 District shall be
observed:
1. Permitted and special uses in the B-5 zone and:
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2. Clubs, lodge halls, social and similar organizations including assembly or
rental halls.
SECTION 1309: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 10,890 sq. feet.
2. Maximum lot coverage:
Buildings: 80%
Pavement: 25%
3. Lot width: 40 feet (shall be measured at road frontage unless a cul-de-sac,
then measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be
more than three (3) times longer its width.
5. Height Limit:
Maximum height: 4 stories or 60 feet.
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the
following street corridors:
Western Avenue from Ninth Street to Pine Street.
Clay Avenue from Seventh Street to Fourth Street.
Pine Street; from Western Ave. to Apple Avenue.
Height measurement: In the case of a principal building, the vertical
distance measured from the average finished grade to the highest point of
the roof surface where the building line abuts the front yard, except as
follows: to the deck line of mansard roofs, and the average height between
eaves and the ridge of gable, hip, and gambrel roofs (see Figure 2-2). If
the ground is not entirely level, the grade shall be determined by averaging
the elevation of the ground for each face of the building (see Figure 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: 10 feet
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8. Setback from the ordinary high water mark or wetland: 75 feet (principal
structures only).
9. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
4-story: 16 feet and 20 feet
Note, setback measurement: All required setbacks shall be measured from
the right-of-way line to the nearest point of the determined drip line of
buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear
lot line and/or one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line
development under the building code.
b. The building has adequate fire access preserved pursuant to fire
code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property
owner and recorded with the County Register of Deeds and
provided to the zoning administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers,
unless zero-lot-line is employed for a structure or fire access. At least fifty
percent of all required front setbacks shall be landscaped and adjacent to
the road right-of-way. An average minimum greenbelt of 10 feet shall be
maintained along each street frontage. [amended 12/01, amended 10/02]
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RECOMMENDATION
Staff recommends approval of the request to rezone the subject property from B-3 to B-5
because the request conforms to the goals and recommendation of the City’s 1997 Master
Plan/Downtown Lakeshore Redevelopment Plan.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which
justify the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result
from the approval or denial of the petition?
3. What is the impact of the amendment on the ability of the city to provide
adequate public services and facilities and/or programs that might reasonably
be required in the future if the petition is approved?
4. Does the petitioned zoning change adversely affect the environmental conditions
or value of the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future
Land Use Plan of the City?
6. Are there any significant negative environmental impacts which would
reasonably occur if the petitioned zoning change and resulting allowed structures
were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic
sites, or wildlife areas.
7. Is the proposed zoning change a “Spot Zone”?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those
allowed in the vicinity?
c. Would the zoning change confer a benefit to the property owner that is
not generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
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DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the property located at 908 Terrace Street from B-3,
Central district to B-5, Central Governmental Service district, as described in the public
notice, be recommended for (approval/denial) to the City Commission pursuant to the
City of Muskegon Zoning Ordinance, and the determination of (compliance/lack of
compliance) with the intent of the City Master Land Use/Downtown Lakeshore
Redevelopment Plan and zoning district intent.
19
Hearing; Case 2006-05: Staff initiated request to amend 2000 & 2001 (H, Heritage
Districts) of Article XX to include additional principal uses for properties fronting
on W. Western Avenue between 4th and 9th Streets and additional special uses for
the entire H, Heritage district.
BACKGROUND
Our H, Heritage zoning district is presently primarily geared toward residential uses, and
for the majority of the district, this is appropriate. However, the West Western Avenue
corridor is, and always has been, a business district. Now that more development is
taking place on Western Avenue, it makes it necessary for every commercial/office use to
operate under a special use permit. Therefore, staff reviewed this section and is
proposing the addition of certain commercial, service, and office uses in the H district as
principal uses, on Western Avenue only. Also proposed are a few additional special
uses for anywhere in the district, where they would be regulated through the special use
process.
NEW LANGUAGE
Deletions are crossed out and additions are bold.
H Heritage
ARTICLE XX - H HERITAGE DISTRICTS
PREAMBLE
The "H" Heritage District is intended to permit land uses which promote a historic
atmosphere, cultural and educational values, stabilize and improve property values, foster
community beauty and pride by permitting the following land uses.
SECTION 2000: PRINCIPAL USES PERMITTED
In an H Heritage District no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following
specified uses, unless otherwise provided for in this Ordinance:
1. One (1) and two (2) family dwellings.
2. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties zoned
for residential use not less than thirty (30) feet.
20
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 door of building that exceeds the maximum
height required.
3. Adult Foster Care Family Homes, provided that such facilities shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended
11/02]
4. Home occupations of a non-industrial nature may be permitted. Permissible home
occupations include, but are not limited to the following: [amended 11/02]
a. Art and craft studios, lessons may be given to one client at a time
b. Hair and nail salons, limited to one client at a time
c. Dressmaking and tailoring
d. Tutoring, limited to one student at a time
e. Typing or clerical services
f. Teaching of music or dancing or similar instruction, limited to one client
at a time
g. Offices located within the dwelling for a writer, consultant, member of the
clergy, lawyer, physician, architect, engineer or accountant, limited to one
client/family at a time.
h. All home occupations are subject to the following:
i) The businessperson operating the home occupation shall reside in
the dwelling and only members of the immediate family residing
on the premises may be employed.
ii) The business shall have a local business license and any other
appropriate licensing or registrations required by local, state or
federal law.
iii) No equipment or process shall be used in home occupations which
creates noise, vibration, glare, fumes, odor, or electrical
interference detectable to the normal senses of persons off the lot.
In the case of electrical interference, no equipment or process shall
be used which creates visual or audible interference with any radio
or television receivers off the premises or causes fluctuations in the
line voltage off the premises.
21
iv) Explosives, flammable liquids or combustible liquids shall only be
used in compliance with the applicable fire and building codes.
v) Activities involving kilns or welding equipment shall comply with
the applicable fire and building codes.
vi) The outside appearance of the premises shall have no visible
evidence of the conduct of a home occupation.
vii) Home occupations may not serve as headquarters or dispatch
centers where employees come to the site and are dispatched to
other locations.
viii) All activity must be conducted within a preexisting structure. The
home occupation shall not require internal or external alterations or
involve construction features not customarily found in dwellings.
ix) There shall be no exterior display or signage other than that
signage allowed for home occupations under the sign requirements
of this ordinance. [amended 11/00]
x) No goods shall be kept, or sold which are made or assembled off-
site, except as incidental to services rendered.
xi) The primary function of the premises shall be that of the residence
of the family, and the occupation shall not exceed twenty-five (25)
percent of the principal building.
xii) There shall be no outside storage or processing.
xiii) The home occupation shall not involve the routine use of
commercial vehicles for delivery of materials to and from the
premises. There shall be no commercial vehicles associated with
the home occupation, nor parking of more than one (1) business
car, pickup truck or small van on the premises.
xiv) Activities specifically prohibited (but not limited to) include:
(1) A service or repair of motor vehicles, appliances and other
large equipment
(2) A service or manufacturing process which would normally
require industrial zoning
(3) A commercial food service requiring a license
(4) A limousine service
22
(5) A lodging service including but not limited to, a tourist
home, motel or hotel
(6) A tattoo parlor
(7) An animal hospital or kennel
(8) A lawn service
xv) No activity legally excluded by any deed restriction or other tenant
or owner restrictions shall be permitted.
5. In addition, for those lots abutting Western Avenue between Fourth and
Ninth Streets only, the following uses are permitted:
a. Any generally recognized retail business which supplies commodities
such as: groceries, meats, dairy products, baked goods or other foods,
drugs, drygoods, and notions or hardware.
b. Personal service establishments such as: shoe repair, dry cleaning
shops, tailor shops, beauty parlors, barber shops, banks and savings
and loan offices, pharmacist and laboratories, or any service
establishment of an office-showroom or workshop nature of an
electrician, decorator, dressmaker, tailor, shoemaker, baker, printer,
upholsterer, appliance repair, photographic reproduction, and similar
establishments that require a retail character no more objectionable
than the aforementioned.
c. Restaurants, or other places serving food.
d. Professional offices of doctors, lawyers, dentists, chiropractors,
architects, engineers, accountants, and similar or allied professions.
Offices may be permitted for similar or allied professions. Offices
may be permitted for applied technology, light technological research,
research and development facilities with laboratories, but no
industrially oriented production facilities shall be permitted.
e. Office buildings for any of the following types of occupations:
executive, administrative and professional.
6. Accessory buildings and accessory uses customarily incidental to the above
Principal Uses Permitted.
7. Uses similar to the above Principal Uses Permitted.
23
SECTION 2001: 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 review of the Historic District Commission,
and after Public Hearing, subject to the applicable conditions and any other reasonable
conditions imposed by the Planning Commission:
1. Retail business or service establishments as Principal Uses Permitted in the B-1
District, subject to the regulations of this District.
2. Restaurants, lounges and clubs, except drive-in restaurants.
3. Craft shops.
4. Offices and clinics of physicians, dentists, architects, engineers, attorneys,
accountants, and similar professions.
5. Outdoor displays.
6. Hotels and motels.
7. Private clubs, lodge halls, social, and similar organizations, including
assembly or rental halls.
8. Indoor Theaters
a. Parking must be either on site or with an irrevocable shared parking
agreement.
9. Antique Shops.
10. Multiple family residential uses of various types and densities provided, however,
that any existing structure originally constructed for one or two family use shall
not be further divided into additional dwelling units unless it can be demonstrated
to the satisfaction of the Historic District Commission and the Planning
Commission that the essential form and integrity of the structure and its site and
surroundings can be maintained. Any new multiple family construction shall be
compatible and/or complementary to the character of the surrounding area as
determined by the Historic District Commission and the Planning Commission.
Multiple family uses as described under this subsection may be allowed as part of
a building containing other allowable. Principal or Special Uses in this district.
11. Accessory buildings and accessory uses customarily incidental to the above
Special Land Uses Permitted.
12. Uses similar to the above Special Land Uses Permitted.
24
SECTION 2002: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the H Heritage
Districts is to allow mixed land uses, which are compatible to each other, while
prohibiting nonresidential uses which would not be compatible or harmonious with
residential dwellings.
SECTION 2003: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 4,000 sq. feet.
2. Maximum lot coverage:
Buildings: 100%
Pavement: 25%
3. Lot width: 30 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than
three (3) times longer its width.
5. Height limit:
Maximum height: 6 stories or 90 feet
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the following
street corridors:
Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Avenue to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance
measured from the average finished grade to the highest point of the roof surface
where the building line abuts the front yard, except as follows: to the deck line of
mansard roofs, and the average height between eaves and the ridge of gable, hip,
and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade
shall be determined by averaging the elevation of the ground for each face of the
building (see Figure 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
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Note: For minimum front setbacks new principal structures on minor streets may
align with existing principal structures in the immediate area even if the setback is
below the minimum required.
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal
structures only).
9. Side setbacks: no requirement
Note, setback measurement: All required setbacks shall be measured from the
right-of-way line to the nearest point of the determined drip line of buildings.
[amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line
provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development
under the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the
zoning administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless
zero-lot-line is employed for a structure or fire access. At least fifty percent of all
required front setbacks shall be landscaped and adjacent to the road right-of-way.
An average minimum greenbelt of 10 feet shall be maintained along each street
frontage. [amended 12/01, amended 10/02]
26
Hearing; Case 2005-39: Request for a special land use permit, per Section 701 (2.) of
Article VII, of the zoning ordinance, to allow administrative offices in an RM-1 Low
Density Multiple-Family Residential zoning district at 1705 Peck Street, by the
Muskegon Rescue Mission.
BACKGROUND
Applicant: Carla Skoglund, Muskegon Rescue Mission
Property Address/Location: 1705 Peck Street
Request: Special Land Use permit for administrative offices
in an existing residential home
Present Land Use: Residential
Zoning: RM-1, Low Density Multiple-Family Residential
STAFF OBSERVATIONS
1. The subject property is the site of a large residential home located adjacent to the
present Muskegon Rescue Mission building at 1691 Peck Street.
2. the property is located in a strip of RM-1 zoning along Peck Street that extends to
the north. Directly to the East is Hackley Hospital, zoned MC, Medical Care. To
the South of Larch Street is zoned B-4, General Business, and to the west is zoned
R-1, One Family Residential.
3. Parking could be continued on the present Muskegon Rescue Mission site, with
some parking available in the driveway of the proposed new office building.
4. The proposed use is for administrative offices only, and no other uses would be
permitted as part of the building, except those allowed in an RM-1 zoning district.
5. The Muskegon Rescue Mission’s purpose in moving their administrative offices
to this building is to free up space within their present building for additional
living space and programs in association with their mission
6. A call was received from Lowell Kirksey, 1329 Fourth Street. He is opposed to
losing any family housing units on Peck Street.
7. This case was re-noticed as required by law, and the applicant was notified
that Planning Commission was removing this item from the table in order to
take action at the February meeting.
ORDINANCE EXCERPTS
SECTION 701: SPECIAL LAND USES PERMITTED [amended 2/02] [amended
2/03]
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:
27
1. Offices and clinics of physicians, dentists, architects, engineers, attorneys,
accountants, real estate appraisers, or other professional persons; real estate,
insurance, credit service (other than loan) offices and similar businesses supplying
services instead of products when determined by the Planning Commission upon
application to it, to be consistent with the nature and condition of neighboring
uses and structures.
2. Buildings to be used exclusively to house the offices of civic, religious or
charitable organizations, the activities of which are conducted by mail, and which
are not displaying or handling merchandise or rendering service on the premises.
3. Schools and colleges not involving the use of mechanical equipment except such
as is customarily found in dwellings or professional offices provided that any such
building shall be located not less than thirty (30) feet from any other lot in any
residential district.
4. Adult Foster Care Large Group Homes, provided that such facility shall be at least
one thousand five hundred (1,500) feet from any other similar facility. [amended
11/02]
5. 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]
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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.
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.
6. Accessory buildings and accessory uses customarily incidental to the above Special
Land Uses Permitted.
7. Uses similar to the above Special Land Uses Permitted.
29
1705 Peck Street
1691 Peck Street
30
RECOMMENDATION
The 1997 Master Plan Future Land Use Map identified Peck Street as “Mixed Residential
and Service Area”. Based on compliance with the 1997 Master Plan, staff recommends
approval of the request, subject to the conditions offered below.
DELIBERATION
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
31
The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the special land use permit, per section 701 (2) of Article VII of the Zoning
Ordinance, to allow administrative offices in an RM-1, Low Density Multiple-Family
Residential zoning district at 1705 Peck Street, by the Muskegon Rescue Mission, be
(approved/denied/tabled), based on (compliance/lack of compliance) with the City’s
Master Land Use Plan and conditions set forth in Section 2332 of the City of Muskegon
Zoning Ordinance (based on the following conditions--only if approved):
CONDITIONS
1. All parking must be on the present Muskegon Rescue Mission site, or in the
driveway of 1705 Peck Street.
2. Only uses permitted in the RM-1 zoning district will be allowed as additional
uses.
3. Signs must comply with those set forth for the residential zoning district.
4. The owner shall permit the zoning administrator or other zoning staff in the
premesis at reasonable times to review compliance with this permit.
5. The special land use permit shall become null and void within one year of the
public hearing if the use has not been established or there is a violation of
conditions 1-4.
6. The Special Land Use permit document shall be recorded with the register of
deeds prior to occupying the building.
32
Hearing; Case 2005-41: Staff initiated request to amend Sections 2200, 2201, 2202,
2203, and 2204 (Nonconforming Uses) of Article XXII of the Zoning Ordinance.
BACKGROUND
This section of the ordinance has been a bone of contention in the past regarding some of
its restrictions. The Nonconforming Uses language as it presently exists in the Zoning
Ordinance is somewhat confusing and hard to interpret. Staff has spent several months
reviewing other ordinances and consulting with the City Attorney and other planners
regarding a makeover of the section. It has been “a work in progress”, since I have had
input from so many sources, including Commissioners Davis and Gawron, who at the
Mayor’s request met with staff on several occasions to discuss concerns with the present
ordinance language. Much of the original language from our ordinance has been
incorporated into the new language. I have attempted to put the proposed section in the
usual format with strike-throughs for deleted language and bold for new language. I
have also included a copy of the current ordinance language.
I first looked at Section 2200: Intent. Staff felt that it needed rewording and
clarification. I believe the new language better describes the intention and “spirit” of the
Master Plan to have conformity in our City. While allowing the present nonconforming
uses and structures to exist while practical, it would also gradually eliminate them. The
very existence of a Master Plan by the citizens of the City of Muskegon says loud and
clear that they would like their community developed with a plan in mind and not
continue the nonconforming uses and structures forever.
One of the first changes you may notice is nonconforming lots, uses of land, and
structures are now separated into their own sections. I believe this will make reading and
interpreting of the section much easier. Nonconforming lots were not previously
addressed. In the past, zoning staff was applying these conditions when determining if a
lot was conforming or “buildable”, but there was no written language that supported this
in the ordinance. So I completely reconstructed Section 2201 to address Nonconforming
Lots only, with all new language. Some portions of Section 2201 have been incorporated
into Section 2202.
One area of the ordinance that has raised many questions was regarding Section 2202:
Elimination of Nonconforming Uses. There seems to be many opinions on what length
of time a nonconforming use should be allowed to continue once the use has ceased. Our
present ordinance allowed up to two years. Some other municipal ordinances only
allowed six months, but the most common was a one-year time frame. Our ordinance is
the most liberal with its time of two years (current language Section 2202, #1). After
discussion with other staff members, I left the two-year time period in the revised
language (Section 2202, #5, new language), but it may be worth considering shortening
the time period. Number 3 (a-d) in this section gives Planning Commission some
guidelines on which to base their decision regarding expansion of nonconforming uses of
land. Number 5 would give guidelines to determine if a nonconforming use had been
abandoned.
Another problem section of the ordinance that has raised many concerns has been Section
2203, #2 (current ordinance). It referred to a structure that was “damaged by fire, wind,
civil disobedience, or an Act of God or the public enemy”. The language refers to the
33
fact that those buildings may be repaired or rebuilt so long as “such structural alteration
or structural repairs shall not exceed fifty (50) percent of the replacement cost of such
building”. Upon researching other ordinances in the West Michigan areas, as well as
other parts of the state, staff found that some other ordinances allowed structures to be
rebuilt that were 60% destroyed. This has been incorporated for your review into the
revised section (Section 2203, #6, new language). Much of this section is ordinance
language that was contained in our current ordinance, but pertains to structures, and so
put into the Nonconforming Structures section.
Hopefully, after discussion, debate and probably some revisions on staff’s part, we will
come out of the process with a newly revised section that is much more understandable
by the public, Planning Commissioner, ZBA members, and staff, but retain the “spirit”
of the Master Plan.
The revisions discussed at the January meeting were incorporated into the language.
Staff didn’t remove Section 2202 #6, as former Commissioner Johnson suggested,
because there was no clear direction from the remaining Planning Commissioners to
do so. I still believe leaving it in makes sense and allows some latitude, as long as the
use is moving closer to conformity.
NEW LANGUAGE
See separate documents included with this packet.
DELIBERATION
I move that the amendments to Sections 2200, 2201, 2202, 2203, and 2204, Article XXII
(Nonconforming Uses), of the Zoning Ordinance, be recommended to the City
Commission for (approval/denial).
34
Case 2006-01: Request for Site Plan Review for outdoor storage on an industrial
property at 2360 S. Getty Street, by Steve Franklin, Franklin Contractors.
BACKGROUND
Applicant: Steve Franklin, Franklin Contractors
Property Address/Location 2360 S. Getty Street
Request: Site plan review for vacant industrial property
Present Land Use: Vacant industrial
Zoning: I-2, General Industrial
STAFF OBSERVATIONS
1. The site is a vacant parcel that totals a little over seven acres. An application was
submitted for approval at the staff level for the southern two acres of the site for
outdoor industrial storage in June 2005.
2. The applicant has been clearing the remainder of the site to prepare it for a storage
yard for industrial materials. The applicant wishes to store landscaping materials
on the site.
3. There is no building proposed for the site at this time, and if the applicant wishes
to build in the future, he will need to amend his site plan and come before the
Planning Commission at that time for a new site plan review.
4. The parcel was heavily wooded, and the applicant did leave several large trees on
the site, wherever practical.
5. The roadway will remain an asphalt cinder drive at this time.
6. Since there will be no building on the property, staff didn’t require an extensive
site plan at this time, however a landscaping plan would need to be provided.
7. Staff had the following comments:
Fire Department Comments:
1. The owner shall provide access to lock and cable obstructing road in case
of fire. A key will be provided to the Fire Department.
Engineering Department Comments:
1. Surface water will be retained on site.
2. Proposed limits of any structures will not encroach on City and/or State
owned properties.
Department of Public Works:
1. DPW has no issues with this site plan
Planning Department Comments:
1. A landscaping plan has been provided to Planning Staff for approval.
35
2. No building shall be placed on the property until an amended site plan is
brought before the Planning Commission for approval.
Entrance to property off Hovey Street. Looking east from the interior road.
Berm along West property line. Berm on West side of entrance on Hovey.
36
RECOMMENDATION
Staff recommends approval of the request for site plan approval for a outdoor storage on
an industrial property at 2360 S. Getty Street, subject to the conditions listed below. Staff
feels the site plan satisfied the standards for site plan review.
DETERMINATION
The following motions are offered for consideration:
I move that the site plan for outdoor storage on industrial property, located at 2360 S.
Getty Street for Steve Franklin, Franklin Contractors, 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.
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
37
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 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.
38
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 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.
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