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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, June 15, 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 May 11, 2006.
IV. PUBLIC HEARINGS
A. Hearing; Case 2006-16: Request to vacate the East/West alley between Fifth
and Sixth Streets, running parallel to Washington and W. Grand Avenues, by
Jana Martinez.
B. Hearing; Case 2006-17: Request for final Planned Unit Development approval
for Phase V (condominiums) of the Park Terrace Development north of
Woodcreek Avenue off the intersection with Rosewood Street, by Ruddiman
Associates.
C. Hearing; Case 2006-18: Request for preliminary Planned Unit Development
approval for 444 Irwin Avenue for mixed use, commercial, office, and religious
uses, by Douglas Malear, Hope Lighthouse Church.
D. Hearing; Case 2006-19: Request for final Planned Unit Development approval
for Phase I (commercial, office and church) for 444 Irwin Avenue, by Douglas
Malear, Hope Lighthouse Church.
E. Hearing; Case 2006-20: Request for a Special Land Use Permit, per section
2203 of Article XXII of the Zoning Ordinance, to allow an expansion not
exceeding 30% of a nonconforming structure at 3351 Thompson Avenue, by Tina
Noll. REQUEST WITHDRAWN.
F. Hearing; Case 2006-21: Request for a Special Land Use Permit, per Section
1301 (#11) of Article XIII to allow for a taxi service in a B-4, General Business
zoning district, by Nicholas Green, Great Lakes Shuttle, Inc.
G. Hearing; Case 2006-22: Request to vacate a portion of “old” Ottawa Street
located Southwest of the “realigned” Ottawa Street, by Mike Fuller, Prein &
Newhof.
V. OLD BUSINESS
A. None.
O:\Planning\COMMON\Zoning\Planning Commission\PC Meeting Documents\PC 2006\2006 PC staff reports\PC 06 15 06\pc6-06.doc
VI. NEW BUSINESS
A. Case 2006-23: Request for Site Plan Review for replacement of the existing
Muskegon County sewage lift station at 635 Ottawa Street, by Mike Fuller, Prein
& Newhof.
B. Case 2006-24: Staff initiated request for Site Plan Review for the Muskegon Fire
Station, at the corner of Western Avenue and Terrace Street.
VII. OTHER
A. Discussion regarding window signage – See enclosed memo.
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
O:\Planning\COMMON\Zoning\Planning Commission\PC Meeting Documents\PC 2006\2006 PC staff reports\PC 06 15 06\pc6-06.doc
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 13, 2006
Hearing; Case 2006-25: Request to vacate the alley in Block 304 bounded by Laketon
Avenue, Leahy Street, Larch Avenue, and Hoyt Street, by Hackley Hospital.
BACKGROUND
Hackley Hospital has purchased all the homes in this block located in the southeast
corner of the hospital campus. The homes have been removed as part of the larger master
plan to expand the parking lot in the future. Vacation of the alley is necessary for these
plans to move forward.
Alley looking west from the North/South alley intersection.
STAFF RECOMMENDATION
Staff recommends approval of the request.
DELIBERATION
I move that the vacation of the alley located in Block 304, bounded by Laketon Avenue,
Leahy Street, Larch Avenue, and Hoyt Street, be recommended to City Commission for
(approval/denial), based on (compliance/lack of compliance), with the City’s 1997
Master Land Use Plan, with the following conditions:
A. 1. All utility easements will be retained.
2
Hearing; Case 2006-26: Request to vacate Leahy Street from Laketon Avenue to Larch
Avenue, and Larch Avenue from Hoyt Street to Leahy Street, by Hackley Hospital.
BACKGROUND
As stated in the previous case, Hackley Hospital has purchased all the homes in this block
and proceeded to demolish them for future expansion of their parking lot. The exact
parking lot site plan will be discussed in a subsequent case, but Leahy Street and Larch
Avenue will no longer be needed and will be incorporated into the parking lot as part of
Hackley Hospital’s master plan for their campus.
3
4
Looking west at Rosewood and Woodcreek. Looking north at Rosewood and Woodcreek.
View looking north off Woodcreek. Existing duplex built in Phase IV.
5
STAFF RECOMMENDATION
Staff recommends approval of the request, with the condition listed below.
DELIBERATION
I move that the vacation of Leahy Street from Laketon Avenue to Larch Avenue, and
Larch Avenue from Hoyt Street to Leahy Street be recommended to the City Commission
for (approval/denial, based on (compliance/lack of compliance), with the City’s Master
Land Use Plan, with the following condition:
1. All utility easements will be retained.
B.
6
Hearing; Case 2006-27: Request to rezone the properties located in the City of
Muskegon Block 304, bounded by Laketon Avenue, Leahy Street, Larch Avenue, and
Hoyt Street, from R-1, One Family Residential District to MC, Medical Care District, by
Hackley Hospital.
BACKGROUND
Applicant: Hackley Hospital
Property Address/Location: 1700 Clinton Street
Request: Rezone from R-1, One Family Residential District
to MC, Medical Care District
Present Land Use: Hospital campus
Zoning: R-1, One Family Residential District
STAFF OBSERVATIONS
1. The property which is the subject of this request was purchased by Hackley
Hospital with plans to incorporate it into their hospital campus, and encompasses
all properties in Block 304 bounded by Laketon Avenue, Leahy Street, Larch
Avenue, and Hoyt Street.
2. The request is to rezone the property from R-1, One Family Residential District to
MC, Medical Care District.
3.
4. The Master Plan’s Future Land Use Map doesn’t support an industrial use for this
property.
5. Engineering had no comments regarding the request.
6. DPW had no issues with the proposed site plan.
7. The Fire Department had the following comments regarding the site plan:
a. Owner shall provide access through gates where property is fenced.
b. Key box shall be installed for Fire Department access to building.
c. Signage required for Fire Department connection.
8. Staff has received no comments regarding this request.
7
View from Irwin Avenue View from the rear of the building.
8
Views from Wood Street looking East at the building.
ORDINANCE EXCERPTS
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
9
1) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD plan to
determine its suitability.
4) The final phase shall require a detailed development plan for any part of
the approved conceptual PUD plan.
c. Standards for Approval of PUD Plans
The Planning Commission shall approve, deny or modify preliminary PUD plans,
based upon the following standards. Likewise, the City Commission shall
approve, deny, or modify final PUD plans (after review and recommendation by
the Planning Commission) based upon the following standards.
1) The uses proposed will have a beneficial effect, in terms of public health,
safety, welfare, or convenience of any combination thereof, on present and
potential surrounding land uses. The uses proposed will not adversely
affect the public utility and circulation systems, surrounding properties, or
the environment.
2) The uses proposed should be consistent with the land use plans adopted by
the City.
3) The amount of open space provided, which the Planning Commission or
City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
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.
10
b. Approval by the Planning Commission of the PUD Preliminary Plan shall
remain in effect for a period not to exceed three (3) years from the date of
approval.
3. Final PUD Plan Submission
The applicant shall submit together with the application for PUD final phase
approval, development plans in sufficient detail and in so far as possible the
specific locations and dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck
docks and service drives;
b. all buildings and structures, elevations and spacial relationships;
c. landscaping, buffers, fences, and protective walls;
d. open space areas and other significant environmental features;
e. existing and final topographic changes;
f. identification and directional signage:
g. a 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.
11
RECOMMENDATION
Staff recommends approval of the Final PUD for Phase V request based upon the above
staff review of the “Standards for Approval of PUD Plans”, subject to the conditions
offered below.
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 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 Preliminary PUD for mixed-use commercial, office and religious uses for
444 Irwin Avenue be (approved/denied) pursuant to the determination of
(compliance/lack of compliance) with the intent of the City Zoning Ordinance and City
Master Land Use Plan based on the following conditions (only if approved):
1. Final approval of a complete site plan for each phase of the development be
granted by Planning Commission and City Commission.
2. All Fire Department requirements listed in number 12 a-c. are to be met.
12
Hearing; Case 2006-19: Request for final Planned Unit Development approval for
Phase I (commercial, office and church) for 444 Irwin Avenue, by Douglas Malear, Hope
Lighthouse Church.
.
BACKGROUND
Applicant: Douglas Malear, Hope Lighthouse Church
Property Address/Location: 444 Irwin Avenue
Request: Final Planned Unit Development (PUD), Phase I
Present Land Use: Vacant former Fitzpatrick Electric
Zoning: I-1, Light Industrial
STAFF OBSERVATIONS
1. The properties in question at 444 Irwin has received approval for a Preliminary
PUD, (see former case) from the Planning Commission. The applicant would like
final approval on certain portions of the building at this time, and will move
forward in the future with other additional phases as funding becomes available.
2. This phase of the development is for the church sanctuary, fellowship hall and
classroom space for Hope Lighthouse Church, as well as a retail space for a used
merchandise sales outlet.
3. The sanctuary is approximately 3,000 sq. ft, the fellowship hall is 3,015 sq. ft, and
there are 3 classrooms to be used for Sunday school. In addition there is a room
for a nursery, reception area, hallway and restrooms. The retail space is 2,536 sq.
ft. This totals approximately 11,150 sq. ft. on the first floor.
4. The second floor is already developed for and used by the previous owner for
offices. There is 12, 812 sq. ft. of usable office space, including 7 offices and a
classroom that will be utilized by the Church and the remaining office and
meeting rooms will be leased, probably to other non-profit organizations.
5. Staff has the following comments regarding the site plan
a. A landscaping plan is included on this site plan. There are challenges
because of the existing building and paved areas, and it is almost
impossible to meet the landscape ordinance requirements, however by
using the existing landscaping and adding trees and shrubs wherever
possible the site should be much more attractive. It appears that some
additional trees and shrubs or bushes could be added to the green spaces
along Irwin presently marked for top soil and seed or with grass. The
applicant can work with staff on this issue and submit a revised
landscaping plan if Planning Commission agrees.
b. Parking spaces need to be defined with curb stops or rolled curbing.
c. All parking spaces must be striped. Minimum size for parking spaces is 8
x 18 ft., and must be indicated on the site plan. There are 105 parking
spaces shown on the site plan. Approximately 80 spaces would be needed,
considering the fellowship hall and church would be sharing
approximately 30 spaces. This is adequate for the present uses in the
building, however, the applicant needs to be aware that additional uses of
13
the building may require additional parking or shared parking agreements
with other properties in the area.
d. Any additional lighting installed must be 100% cut-off.
e. Show snow storage areas, or indicate if snow will be removed from the
site.
f. Show location of any dumpster, along with screening that will be
provided.
g. Indicate fire lanes and location of fire lock box.
h. If any additional signage will be requested, indicate location. Sign permits
are required and must be approved prior to installatioin.
6. Staff has received no comments regarding this request.
ORDINANCE EXCERPTS
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
14
1) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD
plan to determine its suitability.
4) The final phase shall require a detailed development plan for any part
of the approved conceptual PUD plan.
c. Standards for Approval of PUD Plans
The Planning Commission shall approve, deny or modify preliminary
PUD plans, based upon the following standards. Likewise, the City
Commission shall approve, deny, or modify final PUD plans (after review
and recommendation by the Planning Commission) based upon the
following standards.
1) The uses proposed will have a beneficial effect, in terms of public
health, safety, welfare, or convenience of any combination thereof, on
present and potential surrounding land uses. The uses proposed will
not adversely affect the public utility and circulation systems,
surrounding properties, or the environment.
2) The uses proposed should be consistent with the land use plans
adopted by the City.
3) The amount of open space provided, which the Planning Commission
or City Commission may modify even though such modifications do
not conform to that required in other sections of this ordinance.
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.
15
2. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary
phase approval:
a. A general development plan depicting the proposed locations of
streets, parking areas, open spaces, buildings and structures, and
their spatial relationships, the relationship to off-site improvements
and infrastructure and any unusual topographic features.
1) Approval by the Planning Commission of the PUD Preliminary
Plan shall remain in effect for a period not to exceed three (3)
years from the date of approval.
3. Final PUD Plan Submission
The applicant shall submit together with the application for PUD final phase
approval, development plans in sufficient detail and in so far as possible the
specific locations and dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck
docks and service drives;
b. all buildings and structures, elevations and spacial relationships;
c. landscaping, buffers, fences, and protective walls;
d. open space areas and other significant environmental features;
e. existing and final topographic changes;
f. identification and directional signage:
g. a 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.
a. 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
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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.
RECOMMENDATION
Staff recommends approval of the Final PUD for Phase I request based upon the above
staff review of the “Standards for Approval of PUD Plans”, subject to the conditions
offered below.
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 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 Preliminary PUD and associated site plan for mixed-use commercial,
office and religious uses for 444 Irwin Avenue be (approved/denied) pursuant to the
determination of (compliance/lack of compliance) with the intent of the City Zoning
Ordinance and City Master Land Use Plan based on the following conditions (only if
approved):
1. An amended site plan addressing the staff concerns listed above in #5 be
submitted and approved by the Planning Department.
2. No other uses be allowed on the site until further phases of the PUD are approved.
17
Hearing; Case 2006-20: Request for a Special Land Use Permit, per section 2203 of
Article XXII of the Zoning Ordinance, to allow an expansion not exceeding 30% of a
nonconforming structure at 3351 Thompson Avenue, by Tina Noll.
BACKGROUND
Applicant: Tina Noll
Property Address/Location: 3351 Thompson Avenue
Request: Expansion not exceeding 30% of a nonconforming
structure
Present Land Use: Residential
Zoning: R-1, One Family Residential
STAFF OBSERVATIONS
1. The property at 3351 presently houses a one story single family home which is
presently approximately 1,242 sq. ft of living area. The applicant wishes to
construct a second story addition of approximately of 399 sq. ft.
2. The structure is nonconforming since it doesn’t meet the minimum side setback
requirements for a one-story home at a minimum of 6 feet per side and total of 16
feet between the two sides. By adding a second story these setbacks are larger at
a minimum of 8 feet per side and total of 20 feet between the two sides.
3. The Zoning Ordinance allows expansion of a nonconforming structure up to 30
percent upon approval of the Planning Commission. The 399 sq. ft. addition
exceeds the 30%, however if the applicant were to eliminate the 15 sq. ft. closet
shown on the second floor plans, the addition would be close enough to 30% to be
allowed, since the measurements are difficult to pin down as exact.
4. The applicant has applied to the Zoning Board of Appeals for a variance of the
side setbacks, and if she is successful in her request, this request will not be
necessary. In order to save time and move the project forward, the applicant felt
she wanted to submit both applications in hopes of moving forward with her
project one way or another in June.
5. Gretchen and Larry Page, 3328 Wilcox, sent an e-mail expressing their approval
of the project. They felt that it would be well done and a positive for the
neighborhood.
6. Staff received a letter from Donna VanBrocklin, 3301 Thompson Avenue, stating
that she had no problem with the request.
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Before the roof was removed. After the roof was removed.
19
ORDINANCE EXCERPT
ARTICLE XXII – NONCONFORMING LOTS, USES, AND STRUCTURES
(article amended 4/06)
SECTION 2200: INTENT
Upon the adoption of this Ordinance or future amendments, there may exist lots,
structures, and uses of land and structures which were lawful prior to the adoption of the
Zoning Ordinance, or amendment to the Ordinance, but which are not in conformance
with the provisions of this Ordinance, or any amendments. It is the intent of this
Ordinance to permit these nonconforming lots, structures and uses to continue until they
are removed, but not to encourage their survival. Because nonconforming lots, structures
and uses, so long as they exist, prevent the full achievement of the goals and objectives of
the City of Muskegon Master Plan, the spirit of this Ordinance is to reduce, rather than
increase, any nonconformance.
SECTION 2201: NONCONFORMING LOTS
When an existing nonconforming lot does not adjoin any other lot or lots under common
ownership or if the nonconforming lot fails to meet the requirements for minimum lot
area, minimum width, or both, of the zoning district in which it is located, such lot may
be used for the permitted uses of the zoning district under the following conditions:
1. It must meet the definition of “Lot of Record” listed in the definitions of this
Ordinance.
2. In any zoning district, where two or more adjoining nonconforming lots are under
common ownership, these lots shall be combined and considered as one lot for the
purposes of this ordinance.
3. The nonconforming lot must still meet setback requirements of its zoning district
and is subject to certain limitations provided by other provisions of this
Ordinance.
SECTION 2202: NONCONFORMING USES OF LAND
Where, at the effective date of adoption or amendment of this Ordinance, lawful use of
land exists that is made unlawful under the terms of this Ordinance as enacted or
amended, such use may be continued, so long as it remains otherwise lawful, subject to
the following provisions:
1. Special land uses and use variances permitted by this ordinance shall not be
deemed nonconforming uses.
2. Changes of tenancy, ownership or management of any existing nonconforming
uses of land may be made, provided that there is no change in the nature or
character of the nonconforming use.
20
3. No such nonconforming use shall be enlarged, increased, or extended to occupy a
greater area of land than was occupied at the effective date of adoption or
amendment of this Ordinance, except when authorized by the Planning
Commission, after Public Hearing as required for Special Uses, and upon
reaching a determination that the proposed enlargement, increase, or greater area:
a. Does not have a substantial detrimental effect on the use and enjoyment of
adjacent uses or lots.
b. Complies with all parking, sign, or other applicable regulations applicable
to accessory uses for the area affected by the proposed enlargement,
increase, or greater area.
c. Complies with any reasonable conditions imposed by the Planning
Commission that are necessary to ensure that the proposed enlargement,
increase, or greater area will not prove detrimental to adjacent properties,
the neighborhood, or the community.
d. It is not larger than twenty five percent (25%) of the original
nonconforming area.
4. No such nonconforming use shall be moved in whole or in part to any other
portion of the lot or parcel occupied by such use at the effective date of adoption
or amendment of this Ordinance.
5. A nonconforming use of land, which has ceased for a period exceeding twenty-
four (24) months or has been changed to a conforming, use may not again be
devoted to a nonconforming use. A nonconforming use shall be determined to be
abandoned if one (1) or more of the following conditions exists, and which shall
be deemed to constitute an intent on the part of the property owner to abandon the
nonconforming use;
a. Utilities, such as water, gas, and electricity to the property, have been
disconnected.
b. The property, buildings and grounds have fallen into disrepair.
c. Signs or other indications of the existence of the nonconforming use have
been removed.
d. Removal of equipment or fixtures which are necessary for the operation of
the nonconforming use.
e. Other actions, which in the opinion of the Zoning Administrator,
constitute an act or omission on the part of the property owner or lessee
constituting an intent to abandon the nonconforming use.
6. When such nonconforming use is made more conforming than the use which
previously existed, it may continue even though it does not totally conform to all
provisions of this Ordinance.
SECTION 2203: NONCONFORMING STRUCTURES
21
Where a lawful structure exists at the effective date of adoption or amendment of this
Ordinance that could not be built under the terms of this Ordinance by reason of
restrictions on area lot coverage, height, yards, parking or other characteristics of the
structure or its location on the lot, such structure may be continued so along as it remains
otherwise lawful, subject to the following provisions:
1. No such structure may be enlarged or altered in a way which increases its
nonconformity, except when authorized by the Planning Commission, after Public
Hearing as required for Special Uses. The Planning Commission shall be
authorized to determine the amount of enlargement of any building or structure,
consistent with the intent of this article. The nonconforming structure may be
changed to an extent not exceeding thirty percent (30%) of the total floor area of
the existing building at the time of enactment of the Ordinance from which this
chapter is derived, or at the time of its amendment making a structure
nonconforming.
2. No nonconforming building or structure shall be moved in whole or part to any
other location unless such building or structure and the off-street parking spaces,
yard and other open spaces provided, are made to conform to all the regulations of
the district in which such building or structure is to be located.
3. Changes of tenancy, ownership or management of any existing nonconforming
structures may be made, provided that there is no change in the nature or
character of the nonconforming structure.
4. Repair and maintenance work may be performed as required to keep a
nonconforming building or structure in a sound condition.
5. In the event any nonconforming building or structure is damaged by fire, wind,
civil disobedience, or an Act Of God or the public enemy, it may be rebuilt or
restored, provided the cost of such structural alteration or structural repairs shall
not exceed seventy-five (75) percent of it’s replacement cost. The buildings or
structures shall be built in conformance with the requirement of the zoning district
in which they are located.
6. Once any nonconforming structure is removed from the property, its
nonconforming status has expired and it may not be replaced on the property.
SECTION 2204: [RESERVED]
SECTION 2205: POWER OF CONDEMNATION
The City may acquire by purchase, by condemnation, or otherwise private property or an
interest in private property for the removal of nonconforming uses and structures, except
that the property shall not be used for pubic housing. The City Commission may provide
that the cost and expense of acquiring private property be paid from general funds, or the
cost and expense, or a portion thereof, be assessed as a Special Assessment District. The
22
elimination of nonconforming uses and structures in a zoned district is declared to be for
a public purpose and for a public use.
The City Commission may institute and prosecute proceedings for the condemnation of
nonconforming uses and structures under the power of eminent domain in accordance
with the provisions of the City Charter relative to condemnation or in accordance with
Act No. 87 of the Pubic Acts of 1980, being Section 213.51 et seq. of the Michigan
Compiled Laws, or any other applicable statute.
RECOMMENDATION
Staff feels the proposed addition would remain in character with the rest of the
neighborhood, and would allow the owner to enjoy property rights similar to neighboring
homeowners. Therefore, staff recommends approval of the request.
MOTION FOR CONSIDERATION
I move that the request for an expansion not to exceed 30% of a nonconforming structure
at 3351 Thompson Avenue, by Tina Noll be (approved/denied/tabled), based on
(compliance/lack of compliance) with the City of Muskegon Zoning Ordinance (based
on the following conditions--only if approved):
1. A copy of the final site plan, not including the closet area on the second floor,
must be submitted to and approved by the Planning Department.
23
Hearing; Case 2006-21: Request for a Special Land Use Permit, per Section 1301 (#11)
of Article XIII to allow for a taxi service in a B-4, General Business zoning district, by
Nicholas Green, Great Lakes Shuttle, Inc.
BACKGROUND
Applicant: Nicholas Green, Great Lakes Shuttle, Inc.
Property Address/Location: 993 W. Laketon Avenue
Request: Special Land Use Permit to operate a taxi service
Present Land Use: Vacant
Zoning: B-4, General Business
STAFF OBSERVATIONS
1. Great Lakes Shuttle is currently operating outside of the City of Muskegon and
wishes to move into and operate out of the building at 993 W. Laketon Avenue.
2. The primary access to the property is from Dowd Street, which has two access
points to the parking area.
3. The property was formerly used as a trailer sales, but has been vacant for 1-2
years.
4. Great Lakes Shuttle has a fleet of 9 taxi cabs and approximately 12 employees.
Repair and maintenance of their vehicles only would be conducted in the two
service bays. The repair of vehicles would only take place between 8 a.m. and 6
p.m., Monday through Friday. They operate 2 shifts per day, those being 4 a.m.
to 4 p.m. and 4 p.m., to 4 a.m.
5. Great Lakes Shuttle will be leasing only the rear 1,650 sq. ft. building at this time,
but may lease the remainder of the building in the future. Future use of that space
would be for vehicle washing and cleaning of interiors.
6. The site requires a minimum of 9 parking spaces and 12 are provided, which is
also the maximum. The spaces must have rolled curbing or curb stops provided,
and that is shown on the site plan.
7. The request complies with the Master Land Use Plan Future Land Use Map.
8. Robert Mooney, 1848 Dowd called staff to say he is opposed to the request. He
feels that a 24-hour operation at that locatioin will increase traffic and noise on
Down Street.
9. Chris Plichta, 1935 Hudson called and said she is in favor of the request.
24
View from Laketon Avenue. View from Dowd Street.
25
ORDINANCE EXCERPTS
SECTION 1301: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted
under the purview of Section 2332 after review and approval of the use (and a site plan, if
required) by the Planning Commission, after Public Hearing, subject to the applicable
conditions, and any other reasonable conditions imposed by the Planning Commission. A
site plan shall not be required when there is no change to buildings or existing facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel
trailers, and recreational vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet
from the intersection of any two (2) streets:
b. No major repair or major refinishing shall be done on the lot, such use of
land being only permitted in the I-1 or I-2 Industrial Districts.
2. Flea markets and auctions.
3. Business in the character of a drive-in restaurant or open front store, subject to the
following:
a. A setback of at least sixty (60) feet from the street right-of-way line of any
existing or proposed major thoroughfare shall be maintained.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and
other outdoor recreation activities subject to the following: [amended 2/02]
a. Amusement parks or amusement facilities must be fenced on all sides with
a four foot six inch (4'-6") high wall or fence.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major
thoroughfares and shall not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-
street waiting space. No vehicle shall be permitted to wait or stand within
a dedicated road right-of way.
6. Private clubs, lodges, social and similar facilities.
26
7. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said
site directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting
properties zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100
may be allowed provided front, side, and rear yards are increased above
the minimum requirements by one (1) foot for each foot of building that
exceeds the maximum height allowed.
8. Commercial Kennels.
9. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One (1) parking space shall be provided for each twenty (20) rental
units within the buildings, and one (1) parking space shall be
provided for each employee on site.
c. Between warehouses, there shall be a minimum of twenty five
(25') feet for internal access drives. Traffic direction and parking
shall be designated by signaling or painting.
d. The lot area used for parking and access shall be provided with a
permanent, durable, dustless surface and shall be graded and
drained so as to dispose of all surface water.
e. All lighting shall conform to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of
areas adjacent to any residential zone or use.
g. Retail, wholesale, fabrication, manufacturing, or service activities
may not be conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no
commercial distribution allowed and no operation which requires
the regular delivery or pick-up of goods in truck in excess of one
and one-half (1.5) ton rated capacity shall be permitted.
i. All storage shall be within the enclosed building area. There shall
be no outside storage or stockpiling.
27
j. No storage of hazardous, toxic, or explosive materials shall be
permitted at the facility. Signs shall be posted at the facility
describing such limitations.
10. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the Noise
Ordinance enacted by the City of Muskegon. No music (either live or
piped) will be permitted outside the building.
b. The business will maintain security staff, both inside and outside the
building, at all times when open to customers. Loitering will not be
permitted on or around the site.
c. The business will not operate between the hours of 3:00 a.m. and 8:00
a.m. No person of 16 years of age or younger will be permitted within the
business after midnight and must directly exit the premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
e. Security lighting will be provided for the site.
11. Taxi/Limousine Services [amended 5/04]
12. Accessory uses and accessory buildings customarily incidental to the above
Special Land Uses Permitted.
13. Uses similar to the above Special Land Uses Permitted.
14. Non-accessory signs provided that the signs conform to Section 2308 (1) (f) of
this code.
RECOMMENDATION
Staff recommends approval of the request with certain conditions listed below.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
28
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.
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 and associated site plan, per section 1301 (#11)
of Article XIII of the Zoning Ordinance, to allow a taxi service in a B-4 zoning district at
993 W. Laketon Avenue, by Great Lakes Shuttle, Inc., be (approved/denied/tabled, based
on compliance/lack of compliance with the City’s Master Land Use Plan and conditions
set forth in Section 2332 of the City of Muskegon Zoning Ordinance (based on the
following conditions—only if approved):
1. Screening needs to be provided between the site and adjacent residential
properties. This may be accomplished either with landscaping with a fence or
solid wall, or landscape buffer with berming.
2. Repair on any vehicles other than those taxis owned by the business would be
prohibited.
3. Repair work on vehicles will only take place between the hours of 8 a.m. and 6
p.m., Monday through Friday.
4. The owner/applicant shall permit the zoning administrator or other zoning staff in
the premises at reasonable times to review compliance with this permit.
5. The special land use permit 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.
29
Hearing; Case 2006-22: Request to vacate a portion of “old” Ottawa Street located
Southwest of the “realigned” Ottawa Street, by Mike Fuller, Prein & Newhof.
BACKGROUND
When the eastern leg of Shoreline Dive was developed, a portion of Ottawa Street was
cut off and realigned. Currently a portion of Ottawa Avenue that is no longer needed is
located adjacent to the Muskegon County Wastewater Management site. This property is
needed as part of the replacement project for the wastewater pump station. In addition,
the City is selling Muskegon County the additional property required for the project.
Included in the packet is a drawing of the area in question, which shows Parcel D as the
section of “old” Ottawa Street to be vacated. Parcels A, B and C are being sold by the
City to the County for their project.
The City Engineer had the following comment, with DPW concurring:
“As long as this section of the road is maintained as a surface parking area as shown on
their site plans, and the City’s right to retain an easement and an unlimited access to
maintain, repair, replace existing utilities and/or necessary future ones without the
responsibility of replacing the surface with other than standard trench repair elements, I
have no objection.”
Staff has received no comments regarding this case.
30
31
STAFF RECOMMENDATION
Since there is no further need for this section of Ottawa Street, staff recommends
approval of the request, with conditions listed below.
MOTION FOR CONSIDERATION
I move that the vacation of the “old” Ottawa Street located Southwest of the “realigned”
Ottawa Street, be recommended to the City Commission for (approval/denial), based on
(compliance/lack of compliance), with the City’s Master Land Use Plan, (based on the
following conditions – only if approved):
1. All utility easements be retained.
32
Case 2006-23: Request for Site Plan Review for replacement of the existing Muskegon
County sewage lift station at 635 Ottawa Street, by Mike Fuller, Prein & Newhof.
BACKGROUND
Applicant: Mike Fuller, Prein & Newhof
Property Address/Location: 635 Ottawa Street
Request: Site Plan Review
Present Land Use: Muskegon County Sewage Lift Station
Zoning: WM, Waterfront Marine
STAFF OBSERVATIONS
1. The property is presently the site of the Muskegon County Sewage Lift Station.
This is a legal nonconforming use in a Waterfront Marine district. The County
has plans to build a new facility on the site. Once the new lift station is up and
running the present one will be demolished.
2. A portion of the property included in this site plan is a portion of “old” Ottawa
Street recommended for vacation in the previous case. Also included are three
other City-owned parcels, which are in the process of be obtained from Muskegon
County for their project.
3. Properties to the North and West are zoned WM, Waterfront Marine, and to the
East and South are zoned B-4, General Business.
4. A portion of the drive entering the site from the northeast will remain part of the
public right-of-way.
5. Staff has the following comments regarding the site plan:
a. A landscaping plan is provided, which shows 62 trees to be planted trees
in the front setback along Shoreline Drive. Muskegon County has
indicated that they are willing to work with the City to create a park or
inviting entryway into Muskegon in this area. Further discussions will be
held at a later date as to what sort of landscaping will be provided for this
area.
b. Shrubs under story trees shown on the northeast side of the building
should be clustered so as to screen the equipment facing the Ottawa Street.
c. The canopy trees and some other shrubs shown on the northeast side of the
building are outside of the property line and need to be moved onto the
Muskegon County property.
d. The parking area provides adequate parking as well as a maneuvering area
for large trucks. They need either curb stops or rolled curbing to be shown
on the site plan.
6. The site plan meets all other requirements.
7. The Engineering Department had no comments regarding the site plan.
8. The Department of Public Works has no issues with the site plan.
9. The Fire Department had the following comment regarding the site plan:
a. Fire Department connection shall be accessible and identified with signage
indicating as such.
10. Staff has received no comments regarding this request.
33
Miscellaneous photos of the present pump station site.
34
RECOMMENDATION
Staff recommends approval with conditions listed below.
DELIBERATION
Standards for Site Plan approval: Prior to approving a site plan, the City shall
require that the following standards be satisfied:
a. Schedule of Regulations: The site plan shall comply with the requirements for
height, lot size, yard space, density and all other requirements as set forth in the
district regulations.
b. Other codes and standards: To the extent necessarily shown in the site plan, it
shall comply with other applicable City codes and standards.
c. Compatibility with surrounding land use and development: All elements shall be
located, designed and organized in relation to topography, the size and
configuration of the parcel, the character of adjoining property and the type and
size of the buildings. The site shall be developed so as not to impede the normal
and orderly development or improvements of surrounding property for uses
permitted in this Zoning Ordinance.
d. Preservation of natural features: The landscape shall be preserved in its natural
state, insofar as practical, by removing only those areas of vegetation or making
those alterations to the topography which are reasonably necessary to develop the
site.
e. Landscaping: Landscape buffers and greenbelts shall be provided and designed in
accordance with the provisions of this Ordinance. Fences, walks, barriers and
landscaping shall be used, as appropriate, for the protection and enhancement of
the property and for the privacy of occupants and neighbors.
f. Stormwater management: Drainage design shall recognize existing natural
drainage patterns. Stormwater removal shall not adversely affect neighboring
properties or the public storm drainage system. Provisions shall be made to
accommodate stormwater on-site, using sound engineering practices.
g. Soil erosion control: Appropriate measures shall be taken to ensure compliance
with state and local soil and sedimentation control regulations.
h. Wetlands Protection: The natural retention or storage capacity of any wetland,
water body, or water course will not be substantially reduced or altered in a way
which could increase flooding or water pollution at the site or other locations.
i. Emergency Access: All site improvements and structures shall be arranged so as
to permit necessary emergency vehicle access and to comply with the locally
adopted fire code.
35
j. Public streets and private roads: All uses must have access to a public street or a
private road. All streets and curb cuts shall be developed in accordance with City
specifications, the Michigan Department of Transportation, and/or private road
regulations of the City, whichever applies.
k. Access Management: Streets and drives on a site shall be of a width appropriate
to the traffic volume they will carry and shall have adequate paved areas for
vehicles. Traffic mitigation techniques such as on-site parallel access lanes, rear
access lanes, deceleration lanes and traffic calming measures may be required.
Shared curb cuts and access ways may also be required.
l. Site Circulation and Parking: Parking areas shall meet the requirements of this
ordinance. All parking spaces and circulation patterns shall be marked. Curb
stops or curbing may be required to prevent encroachment on required setbacks
and screening. Provisions for on-site maneuvering of vehicles shall be made so as
to discourage backing and movements of trucks on abutting public streets. On
site traffic control signs shall be visible and understandable.
m. Pedestrian safety: The on-site pedestrian circulation system shall be separated as
completely and reasonably as possible from the vehicular circulation system. In
order to ensure public safety, special pedestrian measures such as sidewalks,
crosswalks, and other such facilities may be required for the development. The
site circulation shall be connected to existing or planned streets and pedestrian or
bicycle pathways in the area as appropriate.
n. Site amenities: The site plan shall provide outdoor common areas and associated
amenities for employees, customers and/or residents which may include public
trash receptacles, bike racks, seating areas, recreation areas, shade trees, bus stop
turn-outs, and similar facilities where appropriate.
o. Utility Service: The development must be adequately served by necessary public
services and shall not impose an undue burden on public services and
infrastructure. All utilities for new construction shall be placed underground.
Any installations which must remain above ground shall be compatible with those
on adjacent properties.
p. Lighting: Exterior lighting shall be arranged so it is deflected away from adjacent
properties and so it does not impede the vision of traffic along adjacent streets.
Flashing 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.
36
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.
MOTION FOR CONSIDERATION
I move that the site plan for the replacement of the existing Muskegon County sewage lift
state at 635 Ottawa Street for Mike Fuller, Prein & Newhof, be (approved/denied/tabled),
based on the following findings and conditions:
1. An amended site plan be submitted and approved by the Planning Department
addressing the issues in #5 a-d.
2. Fire Department requirements will be followed.
3. A sign permit is required for any new or additional signage for the site.
37
Case 2006-24: Staff initiated request for Site Plan Review for the Muskegon Fire
Station, at the corner of Western Avenue and Terrace Street.
BACKGROUND
Applicant: Hooker DeJong for the City of Muskegon
Property Address/Location: Southeast corner of Terrace St. & Western Ave.
Request: Site Plan Review
Present Land Use: Vacant
Zoning: B-2, Convenience and Comparison Business
STAFF OBSERVATIONS
1. This City-owned property has formerly been identified at the “Terrace Lots”. The
site plan is for the Southeast 1.56 acres. It is zoned B-2, Convenience and
Comparison Business.
2. Properties to the North are zoned B-2, Convenience and Comparison Business,
and to the West and South the zoning is B-3, Central Business. Properties to the
East are zoned B-4, General Business.
3. The City wishes to construct a new Central Fire Station on the site.
4. The site plan is quite complete with just a couple of concerns:
a. The location, type and design of all outdoor lighting needs to be provided.
All lighting must be 100% cutoff type.
b. The location of snow storage must be shown.
c. The dumpster location must be at least 5 ft. from the building..
d. The landscaping plan needs some fine-tuning. A revised site plan that
meets the requirements agreed upon by the Planning Department must be
submitted.
5. The Fire Department has accepted with the following conditions:
(a) Project shall comply with NFPA 1141 Fire Protection I Planned Building
Groups and International Fire Code Chapter 5, Fire Service features.
(b) Hydrant requirement shall comply with IFC appendix C for location and
distribution.
(c) Location of hydrants shall also be approved by the Fire Chief to
accommodate on site training and maintenance of hoses.
6. The Department of Public Works and the Police Department have no issues with
the site plan.
7. Staff has received no comments regarding this site plan.
38
Southeast Corner of Terrace Street and Western Avenue.
39
RECOMMENDATION
Staff recommends approval with conditions listed below.
DELIBERATION
Standards for Site Plan approval: Prior to approving a site plan, the City shall
require that the following standards be satisfied:
(a) Schedule of Regulations: The site plan shall comply with the requirements for
height, lot size, yard space, density and all other requirements as set forth in the
district regulations.
(b) Other codes and standards: To the extent necessarily shown in the site plan, it
shall comply with other applicable City codes and standards.
(c) Compatibility with surrounding land use and development: All elements shall be
located, designed and organized in relation to topography, the size and
configuration of the parcel, the character of adjoining property and the type and
size of the buildings. The site shall be developed so as not to impede the normal
and orderly development or improvements of surrounding property for uses
permitted in this Zoning Ordinance.
(d) Preservation of natural features: The landscape shall be preserved in its natural
state, insofar as practical, by removing only those areas of vegetation or making
those alterations to the topography which are reasonably necessary to develop the
site.
(e) Landscaping: Landscape buffers and greenbelts shall be provided and designed in
accordance with the provisions of this Ordinance. Fences, walks, barriers and
landscaping shall be used, as appropriate, for the protection and enhancement of
the property and for the privacy of occupants and neighbors.
(f) Stormwater management: Drainage design shall recognize existing natural
drainage patterns. Stormwater removal shall not adversely affect neighboring
properties or the public storm drainage system. Provisions shall be made to
accommodate stormwater on-site, using sound engineering practices.
(g) Soil erosion control: Appropriate measures shall be taken to ensure compliance
with state and local soil and sedimentation control regulations.
(h) Wetlands Protection: The natural retention or storage capacity of any wetland,
water body, or water course will not be substantially reduced or altered in a way
which could increase flooding or water pollution at the site or other locations.
(i) Emergency Access: All site improvements and structures shall be arranged so as
to permit necessary emergency vehicle access and to comply with the locally
adopted fire code.
40
(j) Public streets and private roads: All uses must have access to a public street or a
private road. All streets and curb cuts shall be developed in accordance with City
specifications, the Michigan Department of Transportation, and/or private road
regulations of the City, whichever applies.
(k) Access Management: Streets and drives on a site shall be of a width appropriate
to the traffic volume they will carry and shall have adequate paved areas for
vehicles. Traffic mitigation techniques such as on-site parallel access lanes, rear
access lanes, deceleration lanes and traffic calming measures may be required.
Shared curb cuts and access ways may also be required.
(l) Site Circulation and Parking: Parking areas shall meet the requirements of this
ordinance. All parking spaces and circulation patterns shall be marked. Curb
stops or curbing may be required to prevent encroachment on required setbacks
and screening. Provisions for on-site maneuvering of vehicles shall be made so as
to discourage backing and movements of trucks on abutting public streets. On
site traffic control signs shall be visible and understandable.
(m) Pedestrian safety: The on-site pedestrian circulation system shall be separated as
completely and reasonably as possible from the vehicular circulation system. In
order to ensure public safety, special pedestrian measures such as sidewalks,
crosswalks, and other such facilities may be required for the development. The
site circulation shall be connected to existing or planned streets and pedestrian or
bicycle pathways in the area as appropriate.
(n) Site amenities: The site plan shall provide outdoor common areas and associated
amenities for employees, customers and/or residents which may include public
trash receptacles, bike racks, seating areas, recreation areas, shade trees, bus stop
turn-outs, and similar facilities where appropriate.
(o) Utility Service: The development must be adequately served by necessary public
services and shall not impose an undue burden on public services and
infrastructure. All utilities for new construction shall be placed underground.
Any installations which must remain above ground shall be compatible with those
on adjacent properties.
(p) Lighting: Exterior lighting shall be arranged so it is deflected away from adjacent
properties and so it does not impede the vision of traffic along adjacent streets.
Flashing 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.
41
(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.
MOTION FOR CONSIDERATION
I move that the site plan for the new Muskegon Central Fire State at the corner of Terrace
Street and Western Avenue for Hooker DeJong on behalf of the City of Muskegon, be
(approved/denied/tabled), based on the following findings and conditions:
1. An amended site plan be submitted and approved by the Planning Department
addressing Staff Observations #4.
2. All Fire Department conditions shall be met.
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