Planning Commission Packet 07-13-2006

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                                             CITY OF MUSKEGON
                                           PLANNING COMMISSION
                                             REGULAR MEETING

DATE OF MEETING:                       Thursday, July 13, 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 June 15, 2006.

IV.      PUBLIC HEARINGS

         A.        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.
         B.        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.
         C.        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.
         D.        Hearing; Case 2006-29: Staff initiated request to amend Section 2334 (Signs,
                   #6,b) of Article XXIII, to add wall signage for lawful institutional uses such as
                   churches and schools.

V.       OLD BUSINESS

         A.        None.


VI.      NEW BUSINESS

         A.        Case 2006-28: Request for Site Plan Review for parking lot expansion and
                   reconfiguration at the Northeast corner of Laketon Avenue and Hoyt Street, by
                   Hackley Hospital – This item has been requested to be tabled by the applicant.
                    The final site plan was not ready by the deadline.

VII.     OTHER


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agenda.doc
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 07 13 06\PC 07 13 06
agenda.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.
The Fire Department has no issue with this request. Engineering had no comments on
this request. The DPW had the following comment:
1.     We have a sanitary sewer in the alley that is no long in use. Hackley Hospital can
       abandon the sewer or use it for future development.
Staff has received no comments regarding this request.




                Former alley between Laketon Avenue and Larch Street.
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:


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.

The Fire Department has no outstanding issues with this request.

The DPW has the following comments:

1.     We need to maintain a utility easement with building restrictions.
2.     It is possible that the utilities in Leahy could be abandoned, however, Hackley
       Hospital would need to conduct a fire flow study to determine if there would be
       adequate fire flows in the event the water main in Leahy was abandoned.
3.     Engineering had no comments regarding the request.

Staff has received no comments regarding this request.




Larch Ave. looking west from Hoyt Street. Leahy Street looking South from Larch Ave.




                                                         3
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.




                                                       4
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.   The properties to the north and west are zoned MC, Medical Care District, and to
     the south and east are zoned R-1, One Family Residential.
4.   The zoning ordinance states: “It is the further intent of MC districts to assist and
     encourage the development of medical institutional land uses in a campus setting
     which includes not only the primary buildings and structures, but also campus
     support systems involving pedestrian and vehicular circulation, parking, signs. .
     .”, etc.
5.   The City’s Future Land Use Map supports this zoning by indicating this block as
     “public/quasi public”, as is the entire Hackley Hospital campus.
6.   The 1997 Master Land Use Plan states the following: “Coordinate the City’s sub-
     area planning effort with that of Hackley Hospital on the development of a
     campus master plan to ensure high quality integration of the medical facility with
     surrounding neighborhoods and the roadway system”. Hackley Hospital has
     developed a campus master plan, as part of their expansion efforts in the city.
7.   Staff has received no comments regarding this request.




                                                        5
6
            ARTICLE IV - R ONE FAMILY RESIDENTIAL DISTRICTS

PREAMBLE

These districts are designed to be composed of low density residential development. The
regulations are intended to stabilize, protect, and encourage the residential character of
the district and prohibit activities not compatible with a residential neighborhood.
Development is limited to single family dwellings and such other uses as schools, parks,
churches, and certain public facilities which serve residents of the district. It is the intent
of these districts to recognize that the City of Muskegon has been developed and platted
with some lots that are smaller than those found in recently urbanized communities, and
the standards in Section 2100 reflect residential development standards that the citizens
of Muskegon find to be compatible.

SECTION 400: PRINCIPAL USES PERMITTED

In R, One Family Residential, Districts no building or land shall be used and no building
shall be erected, structurally altered, or occupied except for one or more of the following
specified uses, unless otherwise provided in this Ordinance;

1.     One Family detached dwellings.

2.     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.

                                                          7
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.

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.

                                          8
               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

                          (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.

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.     Accessory buildings and accessory uses customarily incidental to any of the
       above Principal Uses Permitted.

5.     Uses similar to the above Principal Uses Permitted.

SECTION 401: SPECIAL LAND USES PERMITTED [amended 2/02]

The following uses, and their accessory buildings and accessory uses, shall be permitted
under the purview of Section 2332 after review and approval of the use (and a site plan, if
required) by the Planning Commission, after Public Hearing, subject to the applicable
conditions, and any other reasonable conditions imposed by the Planning Commission:

1.     Private recreational areas, and institutional recreational centers when not operated
       for profit, and nonprofit swimming pool clubs, all subject to the following
       conditions: [amended 2/02]

       a.      In those instances where the proposed site is not to be situated on a lot or
               lots of record, the proposed site shall have one property line abutting a

                                                        9
            major thoroughfare and the site shall be so planned as to provide ingress
            and egress directly onto said major thoroughfare.

     b.     Front, side, and, rear yards shall be at least fifty (50) feet wide, except on
            those sides adjacent to nonresidential districts, and shall be landscaped in
            trees, shrubs, grass, and terrace areas. All such landscaping shall be
            maintained in a healthy condition. There shall be no parking or structures
            permitted in these yards, except for required entrance drives and those
            walls and/or fences used to obscure the use from abutting residential
            districts.

     c.     Buildings erected on the premises shall not exceed one (1) story or
            fourteen (14) feet in height.

     d.     Whenever a swimming pool is constructed under this Ordinance, said pool
            area shall be provided with a protective fence six (6) feet in height, and
            entry shall be protected by means of a controlled gate or turnstile.

     e.     The off-street parking and general site layout and its relationship to all
            adjacent lot lines shall be reviewed by the Planning Commission who may
            impose reasonable restrictions or requirements so as to insure that
            contiguous residential areas will be adequately protected.

2.   Colleges, universities, and other such institutions of higher learning, public and
     private, offering courses in general, technical, or religious education not operated
     for profit, all subject to the following conditions:

     a.     Any use permitted herein shall be developed only on sites of at least five
            (5) acres in area.

     b.     All ingress to and egress from said site shall be directly onto a major
            thoroughfare.

     c.     No building other than a structure for residential purposes shall be closer
            than seventy-five (75) feet to any property line.

3.   Churches and other facilities normally incidental thereto subject to the following
     conditions:

     a.     The site shall be so located as to provide for ingress and egress from said
            site directly onto a major or secondary thoroughfare.

     b.     The principal buildings on the site shall be set back from abutting
            properties zoned for residential use not less than thirty (30) feet.

     c.     Buildings of greater than the maximum height allowed in Section 2100,
            may be allowed provided front, side, and rear yards are increased above

                                                     10
            the minimum requirements by one (1) foot for each foot of building that
            exceeds the maximum height allowed.

4.   Elementary, intermediate, and/or secondary schools offering courses in general
     education, provided such uses are set back thirty (30) feet from any lot in a
     residential zone.

5.   Cemeteries.

6.   Previously existing or established commercial uses not already converted to a
     residential use may be authorized under Special Use Permit for the following
     [amended 12/99]:

     a.     Retail and/or service establishments meeting the intent of the
            neighborhood Limited Business Zone (B-1) dealing directly with
            consumers including:
            1)     Any generally recognized retail business which supplies new
                   commodities on the premises for persons residing in adjacent
                   residential areas such as: groceries, meats, dairy products, baked
                   goods or other foods, drugs, drygoods, and notions or hardware.

            2)     Any personal service establishment which performs services on the
                   premises for persons residing in adjacent residential areas, such as:
                   shoe repair, drop-off dry cleaning shops, tailor shops, beauty
                   parlors, barber shops, dressmaker, tailor, pharmacist, or an
                   establishment doing radio, television, or home appliance repair,
                   and similar establishments that require a retail character no more
                   objectionable than the aforementioned, subject to the provision that
                   no more than five (5) persons shall be employed at any time in the
                   sale, repair, or other processing of goods.

            3)     Professional offices of doctors, lawyers, dentists, chiropractors,
                   osteopaths, architects, engineers, accountants, and similar or allied
                   professions.

            4)     Restaurants, or other places serving food, except drive-in or drive-
                   through restaurants.

     b.     Prohibited uses: Activities specifically prohibited include repair or service
            of motor vehicles and other large equipment; manufacturing processes
            which would normally require industrial zoning; any activity which may
            become a nuisance due to noise, unsightliness or odor; and any activity
            which may adversely affect surrounding property.

     c.     Conditions: [amended 8/04]

            1)     Outdoor storage is prohibited.

                                                     11
               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.


7.     Accessory buildings and accessory uses customarily incidental to any of the
       above Special Land Uses Permitted.

8.     Uses similar to the above Special Land Uses Permitted.

SECTION 402: [RESERVED] [amended 8/01]

SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [amended 12/97]

Planned unit developments (PUDs) may be allowed by the Planning Commission under
the procedural guidelines of Section 2101. The intent of Planned Unit Developments in
the single family residential district is to allow for flexibility in the design of housing
developments, including but not limited to condominium developments and cluster
subdivisions, to allow for the preservation of open space; allow for economies in the
provision of utilities and public services; provide recreational opportunities; and protect
important natural features from the adverse impacts of development.

1.     Determination: The Planning Commission, in reviewing and approving a
       proposed PUD may allow lots within the PUD to be reduced in area and width

                                                       12
     and setbacks below the minimum normally required by this ordinance in return
     for common open space where it is determined that the benefits of the cluster
     approach will decrease development costs, increase recreational opportunities, or
     prevent the loss of natural features. The Planning Commission, in its
     determination, shall consider the densities permitted in the Zoning Ordinance and,
     if applicable, the land’s capability to bear the higher density.

2.   Basic Requirements:

     a.     The net residential acreage including improvements and occupied land
            shall be calculated by taking the total area of the tract and subtracting, in
            order, the following:

            1)      Portions of the parcel(s) shown to be in a floodplain.

            2)      Portions of the parcel(s) which are unsuitable for development in
                    their natural state due to topographical, drainage or subsoil
                    conditions such as, but not limited to; slopes greater than 15%;
                    organic, poorly drained soils, and wetlands.

            3)      Portions of the parcel(s) covered by surface waters.

            4)      Portions of the tract utilized for storm water management facilities.

     b.     Undevelopable areas may be used for common open and recreational
            areas.

     c.     No building shall be sited on slopes steeper than 15%, within 100 feet of
            any ordinary high water mark, wetland, or on soil classified as being very
            poorly drained.

3.   Density determination: To determine the maximum number of dwelling units
     permitted on the parcel(s) of land, the net residential acreage shall be divided by
     the minimum lot size required by the zoning ordinance.

4.   Open space requirement: At least 15% of the site shall be set aside as dedicated
     common open space. At least one third (1/3) of the common open space shall be
     usable open space. The open space and access to it shall be permanently marked
     and designed so individuals in the development are not forced to trespass to reach
     such recreational or common open spaces.

5.   Spacing: The distance between buildings shall not be less than 10 feet and front
     setbacks shall not be less than 10 feet. In no case shall an individual dwelling lot
     be less than 4,000 square feet.




                                                     13
 6.   Waterfront: Where a cluster development abuts a body of water, at least 50% of
      the shoreline, as well as reasonable access to it, shall be a part of the common
      open space land.

 7.   Utility of common open space: Common open space in any one residential
      cluster shall be laid out, to the maximum extent feasible, to connect with other
      open space existing or proposed.

 8.   Size: Minimum parent parcel size is 21,780 square feet (one-half acre).

 9.   Bonus units: Where the developer provides additional open space or amenities
      within the development, additional density may be granted. A maximum of a
      10% unit bonus may be granted to the development for additional amenities such
      as: public trail easements, additional open space, additional common waterfront
      area, and additional landscaping.

 SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]

1.    Minimum lot size: 6,000 sq. feet

2.    Density (see definition in Article II): 7 dwelling units per buildable acre.

3.    Maximum lot coverage:
           Buildings: 50%
           Pavement: 10%

4.    Lot width: 50 feet (shall be measured at road frontage unless a cul-de-sac, then
      measured from setback).

5.    Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than
      three (3) times longer its width.
6.    Height limit: 2 stories or 35 feet.

      Height measurement: In the case of a principal building, the vertical distance
      measured from the average finished grade to the highest point of the roof surface
      where the building line abuts the front yard, except as follows: to the deck line of
      mansard roofs, and the average height between eaves and the ridge of gable, hip,
      and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade
      shall be determined by averaging the elevation of the ground for each face of the
      building (see Figure 2-3).

7.    Front Setbacks: [amended 1/05]
      Minimum:
             Expressway or Arterial Street: 30 feet
             Collector or Major Street: 25 feet
             Minor Street: 15 feet



                                                       14
Note: For minimum front setbacks new principal structures on minor streets may align
       with existing principal structures in the immediate area even if the front setback is
       below the minimum required.

8.      Rear setback: 30 feet

9.      Setback from the ordinary high water mark or wetland:            30 feet (principal
        structures only).

10.     Side setbacks:
        1-story: 6 feet and 10 feet
                2-story: 8 feet and 12 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]

 11.    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.




                                                           15
                                      MC Medical Care

                 MC MEDICAL CARE DISTRICTS [amended 2/03]

PREAMBLE

The MC Health Care districts are established to accommodate and direct the development
of hospitals to serve as the nucleus of health care campuses. The uses permitted within
these districts are intended to provide a convenient and efficient health care delivery
system for the City and surrounding region. In addition to hospitals, MC districts permit
development of closely related services such as medical offices, housing for the elderly
and special needs groups; and, limited retail and various types of health care related
services ancillary to principal district uses. It is the further intent of MC districts to assist
and encourage the development of medical institutional land uses in a campus setting
which includes not only the primary buildings and structures, but also, campus support
systems involving pedestrian and vehicular circulation, parking, signs, exterior lighting,
loading and materials handling, support facilities, interconnecting systems of above and
below ground corridors, and related facilities. The districts are intended to support uses
providing human care.

SECTION 904: PRINCIPAL USES PERMITTED

In an MC Medical Care 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.      General medical, surgical hospitals and specialty hospitals, but not including
        animal hospitals.

2.      Outpatient diagnostic and treatment centers, day surgery centers, rehabilitation
        clinics, and urgent care facilities.

3.      Professional medical offices intended primarily for health care related professions
        or activities or hospital support services.

4.      Offices for non-profit organizations related to or providing health care services.

5.      Diagnostic and medical laboratories or research facilities.

6.      Pharmacies without drive-up window service.

7.      Medical appliance sales and servicing.

8.      Educational facilities for the training of interns, nurses, and allied health care personnel.




                                                           16
9.     Specialized congregate housing for the disabled and senior housing for the elderly
       at a density not to exceed the density standards of the RM-3, High Density
       Multiple Family Zone District. The density to be based on the area encompassed
       by the housing structure(s) and parking and open spaces specifically assigned to
       the specialized housing.

10.    Conference facilities for events and activities related to the permitted MC district
       uses.

11.    Ambulance services and associated maintenance facilities.

12.    Parking decks (associated with uses permitted in the MC district) of up to two (2)
       levels above grade (roof parking is not counted as a deck) provided the setbacks
       for principal buildings are met.

13.    Private, indoor, recreational facilities and fitness centers located within a hospital,
       provided such facilities are for employees and patients and not available to the
       general public.

14.    Chapels, churches, places of worship, and related facilities, when located within a
       hospital building.

15.    Accessory mobile medical technology units which will be stationed on the
       grounds of a hospital campus.

16.    Establishments engaged in providing diagnostic services, extensive medical
       treatment (including surgical services) and other hospital services, as well as
       continuous nursing service.

17.    Establishments primarily engaged in providing intermediate or long term nursing
       and health related care to individuals, typically classified as nursing homes, elder
       care facilities, and other such operations.

18.    Dwellings affiliated with a hospital providing shelter and services for the elderly,
       which may include meals, housekeeping, personal care assistance and medical
       services.

19.    Accessory buildings and accessory uses customarily incidental to the above
       Principal Permitted Uses.

20.    Uses similar to the above Principal Permitted Uses.

SECTION 905: 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.     Any permitted use, which includes provision for drive-up window services.

2.     Pharmacies with drive-up window service.

3.     Parking decks (associated with uses permitted in the HC district) exceeding two
       (2) levels above grade (roof parking is not counted as a deck) provided the
       setbacks for principal buildings are met.

4.     Specialized lodging facilities, including those with accessory conference centers
       and restaurants used for visitors and patients of hospitals.

5.     Accessory mobile medical technology units which will be stationed outside the
       grounds of a hospital campus.

6.     Interconnected systems of above and below ground corridors when traversing a
       public right-of-way.

7.     Helipads, heliports, and helistops, under the following conditions:

       a.     Helicopter access must be used for emergency transportation only.

       b.     All helipads must be located within the boundaries of the hospital campus
              and shall be isolated from residential uses and screened from the street or
              adjoining residential uses.

       c.     A specific hospital campus shall have only one primary functioning
              helipad, however, a back-up or secondary helipad may exist subject to
              Planning Commission approval.

       d.     There must be demonstrated compliance with the standards of the
              Michigan Bureau of Aeronautics and the Federal Aviation Administration.

       e.     All landing and take-off sites (pads) shall be located not less than 100 feet
              from all property lines, unless a lesser distance is approved by the
              Planning Commission.

       f.     The landing and take-off site shall contain perimeter landscape, fencing,
              and/or other facilities or structures, or combinations thereof.

       g.     The site shall be designed to ensure adequate separation between
              pedestrian circulation routes and the landing pad.

8.     Power Plants – for hospital or medical facilities provided they are screened from
       off-site view of residential areas by use of walls, berms, landscaping, and/or other
       approved structures. Plants shall blend with the overall architectural character of
       attached and surrounding structures and the hospital campus as a whole.

9.     Accessory buildings and accessory uses customarily incidental to the above
       Special Land Uses Permitted.

SECTION 906: 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 MC Health
Care 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 707: AREA AND BULK REQUIREMENTS

1.     Minimum lot size: 10,890 sq. feet.

2.     Maximum lot coverage:
            Buildings: 70 %
            Pavement: 25 %

3.     Lot width: 100 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: 3 stores or 100 feet, provided, however, buildings of
       greater height may be approved by the Planning Commission subject to a Special
       Use Permit.

       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 2-3).

6.     Front Setbacks:
              Minimum:
                     Expressway, Arterial Street or Major Street: 30 feet
                     Collector Street: 20 feet
                     Minor Street or campus access drive: 10 feet
             Maximum:
                  Expressway, Arterial Street or Major Street: 50 feet
                  Collector Street: 40 feet
                  Minor Street or campus access drive: 30 feet

7.    Rear setback: 10 feet

8.    Setback from the ordinary high water mark or wetland: 75 feet (principal
      structures only).

9.    Side setbacks:
              1-story: 8 feet and 12 feet
              2-story: 10 feet and 14 feet

      Note, setback measurement: The required front yard shall be measured from the
      right-of-way line to the nearest foundation or building wall of the building or
      structure. The required rear yard shall be measured from the property line to the
      nearest foundation or building wall of the building or structure. Side yard
      setbacks shall be measured from the property line to the determined drip line of
      buildings.

10.   Zero lot line option: New principal buildings may be erected on the rear lot line
      and/or one side yard line provided:

      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 the
      required front yard setback shall be landscaped and adjacent to the road right-of-
      way. An average minimum greenbelt of 10 feet shall be maintained.

12.   Pedestrian Circulation:

      a.     Pedestrian systems connecting visitor and employee parking to building
             entrances shall be provided.
b.   Whenever a hospital campus, or portion thereof, is located adjacent to
     public sidewalks or non-motorized pathways under the control of the City,
     the hospital’s pedestrian and vehicular circulation systems shall be
     designed to link with these public systems in a safe and efficient manner.
RECOMMENDATION
Staff recommends approval of the request.


MOTION FOR CONSIDERATION

I move that the request to rezone the property 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, 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 Plan and zoning district intent.
Hearing; Case 2006-29: Staff initiated request to amend Section 2334 (Signs, #6,b) of
Article XXIII, to add wall signage for lawful institutional uses such as churches and
schools.


BACKGROUND

When the sign ordinance was amended several years ago, wall signage for churches and
institutional uses was somehow omitted from the zoning ordinance. A recent request for
a wall sign on a church brought this issue to staff’s attention and so the following revision
is recommended.

NEW LANGUAGE

Deletions are crossed out and additions are bold.

Changes to Section 2334, (#6): Signs

b.     Internally illuminated monument signs of up to thirty-two (32) square feet, not
       exceeding eight (8) feet in height, and internally lit wall signs up to twenty-
       four (24) square feet for lawful institutional uses such as churches and schools.
       Signs shall not exceed eight feet in heights.



DELIBERATION

I move that the amendment to Sections 2334 (#6,b) of Article XXIII (Signs), of the City
of Muskegon Zoning Ordinance, be recommended to the City Commission for
(approval/denial).

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