Planning Commission Packet 09-14-2006

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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING

DATE OF MEETING: Thursday, September 14, 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 August 10, 2006.

IV. PUBLIC HEARINGS

A. Hearing; Case 2006-39: Request for an amendment to a Special Land Use
Permit, per Section 1101 (#4) of Article XI of the Zoning Ordinance, to allow the
operation of a church, in addition to a theater, at 1937 Lakeshore Drive, by Great
Lakes Marina.
B. Hearing; Case 2006-40: Request for a Special Land Use Permit, per Section
2321 of Article XXIII (General Provisions) of the Zoning Ordinance, to allow the
location of a wireless communication support facility at 2301 S. Harvey Street, by
Sheri Andrews, on behalf of New Par, d/b/a Verizon Wireless.
C. Hearing; Case 2006-41: Request to rezone the property at 1745 Madison Street
from I-1, Light Industrial District, to R-1,One Family Residential District, by Ross
Alsobrooks.
D. Hearing; Case 2006-42: Request to rezone the property at 699 Pulaski Avenue
from I-1, Light Industrial District, to B-4, General Business District, by Anthony
Tidswell, Instrio, LLC.
E. Hearing; Case 2006-43: Request to rezone the property at 236 Monroe Avenue
from R-1, One Family Residential District to B-2, Convenience and Comparison
Business District, by Dennis Thornley.
F. Hearing; Case 2006-44: Request for final Planned Unit Development approval
for a mixed use commercial and residential development for the southerly portion
of 1266 W. Sherman Boulevard, the Northerly portion of 1228 W. Sherman, a
portion of 1254 W. Sherman, and a portion of 2495 Barclay Street, by Hazel
Churchley, Exit Your Way, LLC.

V. OLD 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 – Remains tabled.
O:\Planning\COMMON\Zoning\Planning_Commission\PC2006\2006 Agendas\pc9-06.doc
B. Case 2006-37: Request for Site Plan Review for a new naval museum building
(Silversides) at 3800 Bluff and 1260 Browne Streets, by Hughes Builders –
Remains tabled.

VI. NEW BUSINESS

VII. OTHER

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:

Linda S. Potter, Acting City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705

O:\Planning\COMMON\Zoning\Planning_Commission\PC2006\2006 Agendas\pc9-06.doc
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING

September 14, 2006

Hearing; Case 2006-39: Request for an amendment to a Special Land Use Permit, per
Section 1101 (#4) of Article XI of the Zoning Ordinance, to allow the operation of a
church, in addition to a theater, at 1937 Lakeshore Drive, by Great Lakes Marina.

Applicant: Great Lakes Marina
Property Address/Location: 1927 Lakeshore Drive
Request: Amendment to a Special Land Use Permit to
operate a church, in addition to a theater
Present Land Use: Vacant theater building
Zoning: B-2, Convenience and Comparison Business
District

STAFF OBSERVATIONS
1. Great Lakes Marina was granted a Special Land Use Permit in May 2004 for the
operation of a theater.
2. The Harbor Theater continued to operate in the building until a month or two ago,
at which time the theater closed for lack of sustainable business.
3. It came to the attention of City zoning staff that a church was operating on the
premises in July 2006, at which time a letter was sent to the owner advising them
to either cease operation of the church or seek an amendment to the Special Land
Use Permit.
4. Great Lakes Marina hopes to engage another party to again open the theater in the
future, so would like to retain that use, as well as the church, which is currently
operating on the site.
5. Staff would like the original conditions of the Special Land Use Permit be
retained as part of the amendment. Here is the motion from the May 2004
meeting, with conditions listed:

A motion that the special use permit for a theater at 1937 Lakeshore Drive by
Great Lakes Marina be approved, based on compliance with the City’s Master
Land Use Plan and conditions set forth in the City of Muskegon Zoning
Ordinance based on the following conditions: 1) Adequate parking and signage to
parking needs to be provided. 2) Applicant must secure necessary permits for
renovation of the interior. 3) A site plan will need to be submitted to staff if a new
awning is installed at the building that is different from the current one. Since
setbacks may be an issue, a variance from the ZBA may be required. This review
shall not hold up the permit process or opening of the business if it is required to
go to the ZBA. But the review must be completed before installation, was made by
L. Spataro, supported by T. Harryman and unanimously approved.

6. The church should operate on Sundays only, so as not to exacerbate the already
difficult parking situation in Lakeside.
7. An irrevocable parking agreement is in place for 60 spaces in the restaurant
parking lot and another 151 spaces at 1920 Lakeshore Drive, Great Lakes Marina.
8. The request complies with the Master Land Use Plan Future Land Use Map.
9. Chris Jensen, from Crackers restaurant at 1965 Lakeshore Drive called staff to say
she has no problems with the church operating in the theater building.
10. Carolyn Marcus, 1935 Harrison, called to say she would prefer no church in the
building, but if they operate on Sundays only, she was OK with it.

View of Harbor Theater from Lakeshore Dr. Parking lot available across Lakeshore Dr.

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ORDINANCE EXCERPTS

SECTION 1101: 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 no external changes are made to the buildings or
properties.

1. Automobile service stations for the sale of gasoline, oil, tires, muffler tune up, not
including major repair such as engine rebuilding, undercoating, and similar
industrially oriented activities, and subject further to the following:

a. The curb cuts for ingress and egress to a service station shall not be
permitted at such locations that will tend to create traffic hazards in the
streets immediately adjacent thereto. Entrances shall be no less than
twenty-five (25) feet from a street intersection (measured from the
roadway) or from adjacent residential property, and subject to other
ordinances of the City.

b. The minimum lot area shall be ten thousand (10,000) square feet, and so
arranged that ample space is available for motor vehicles which are
required to wait.

c. There shall be provided, on those sides abutting or adjacent to a residential
district, a four foot (4') completely obscuring wall or fence. The height of
the wall or fence shall be measured from the surface of the ground.

d. All lighting shall be shielded from adjacent residential districts and from
abutting streets.

e. All rest rooms doors shall be shielded from adjoining residential property.

2. Banks with drive-in facilities, when said drive-in facilities are incidental to the
principal function.

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 shall be provided from the street right-
of-way line of any existing or proposed major thoroughfare.

b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets

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

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

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

c. Buildings of greater than the maximum height allowed in Section 2100
may be allowed provided front, side, and rear yards are increased above
the minimum requirements by one (1) foot for each foot of buildings that
exceeds the maximum height allowed.

5. Hotels, motels, sleeping inns and other facilities normally incidental thereto
subject to the following conditions:

a. The maximum length of stay at the facility shall not be greater than
fourteen (14) consecutive days.

b. Kitchen facilities may be allowed for some or all of the guest units, at the
discretion of the Planning Commission, provided that not more than fifty
percent (50%) of the units have such facilities.

c. The minimum floor area of each guest unit shall contain not less than two-
hundred (200) square feet. Each guest unit shall contain a private rest
room.

d. The minimum lot area shall be one-half (1/2) acre with a minimum width
of seventy-five (75) feet. For any new development containing less than
one (1) acre there shall be at least sixteen hundred (1600) square feet of lot
for each guest rental unit. In no case is a development to exceed 24 total
units.

e. Parking shall be provided on-site.

f. The Planning Commission may require a common open space area of one
hundred (100) square feet per unit with tables and seating. This area may
be located in the required setback.

6. Stores selling second hand merchandise, subject to the following: [amended 12/01]

a. The site shall be located within or adjacent to an established, identifiable
commercial corridor.

b. The store will be associated with a bona fied charitable organization, such
as but not limited to 501(c)3 organizations.

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7. Business schools, or private schools operated for profit. Examples of private schools
permitted herein include, but are not limited to, the following: dance schools, music
and voice schools, and art studios: [amended 5/02]

a. Parking is required to be provided on the same site as the building. Shared
parking will be allowed, if it is irrevocable, and if it will not consume any
parking needed for a separate use.

8. Contractor’s offices, with associated indoor storage of over five thousand (5,000)
square feet in size. [amended 6/02]

a. All associated storage must be contained within a structure.

b. No toxic, hazardous or noxious materials shall be stored on the site.

2. 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 not be permitted to serve alcohol at any time to any
person.

c. 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.

d. 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.

e. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.

f. Security lighting will be provided for the site.

3. Self-serve, coin operated, automobile car wash, enclosed in a building.

4. Indoor Theaters [amended 5/04]

a. Parking must be either on site or with an irrevocable shared parking
agreement.

5. Veterinary clinics, without outdoor kennels. [amended 6/05]

6. Antique Shops. [amended 10/05]

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

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

RECOMMENDATION

Staff recommends approval of the request with certain conditions listed below.

Standards for Special Uses [derived from Section 2332]

Emphasis provided

1. Prior to authorization of any Special Land Use, the Planning Commission shall:

2. Give due regard to the nature of all adjacent uses and structures and the
consistency with the adjacent use and development.

3. Find that the proposed use or activity would not be offensive, or a nuisance, by
reason of increased traffic, noise, vibration, or light.

4. Adequate water and sewer infrastructure exists or will be constructed to service
the Special Land Use or activity.

5. 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 amendment to the Special Land Use Permit, per section 1101 (#4) of
Article XI of the Zoning Ordinance, to allow the operation of a church, in addition to a
theater in a B-s zoning district at 1937 Lakeshore Drive, by Great Lakes Marina, 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. Church activities shall take place on Sundays only.
2. The conditions of the original Special Use Permit will remain effect.
3. The owner/applicant shall permit the zoning administrator or other zoning staff in the
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premises at reasonable times to review compliance with this permit.
4. 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 1-3.
5. The amended Special Land Use Permit document shall be recorded with the register
of deeds prior to occupying the building.

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Hearing; Case 2006-40: Request for a Special Land Use Permit, per Section 2321 of
Article XXIII (General Provisions) of the Zoning Ordinance, to allow the location of a
wireless communication support facility at 2301 S. Harvey Street, by Sheri Andrews, on
behalf of New Par, d/b/a Verizon Wireless.

BACKGROUND

Applicant: Sheri Andrews, New Par, d/b/a Verizon Wireless
Property Address/Location: 2301 S. Harvey Street
Request: Special Land Use Permit to allow the location of a
wireless communication support facility
Present Land Use: Vacant
Zoning: MC, Medical Care

STAFF OBSERVATIONS
1. The property, which is the subject of this request is owned by the City, was
recently designated as one of the City’s four established overlay districts for
wireless communication support facilities. This property replaced the Department
of Public Works site at 1350 E. Keating.
2. Wireless communication support facilities are permitted as special land uses in
overlay zones per Section 2321 of Article XXIII.
3. Verizon wishes to construct a 180 ft. monopole, and associated unmanned
equipment shelter for wireless communication.
4. Verizon has entered into a lease agreement with the City of Muskegon for use of
the property for the support facility.
5. The site plan needs the following revisions:
a. No barbed wire is allowed on fences in the City. Remove the indicated
barbed wire from the fence description
b. Indicate the dimensions, including height of the equipment shelter on the
site plan.
c. The zoning of the property in incorrectly labeled as I-2, General Industrial.
The actual zoning is MC, Medical Care District.
6. The Fire Marshall has the following conditions of approval:
a. A key box shall be installed on the equipment shelter for Fire Department
access.
b. A fire extinguisher shall be installed in the equipment shelter.
7. The DPW had no issues with this site plan.
8. The Engineering Department had no comments regarding this site plan.
9. Section 2321 of the ordinance requires that the following information be provided
to the Planning Department before approval can be given:
a. Information must be provided showing the geographic search area within
which the proposed WCSF must be located and shall also provide
locations of all structures of similar height within and adjacent to the
search area.

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b. Proof of responsibilities in the case of abandonment.

10. Staff has received no comments regarding this request.

ORDINANCE EXCERPTS

SECTION 2321: WIRELESS COMMUNICATION SERVICE FACILITIES [amended
12/97]

This section provides for appropriate areas for the siting of wireless communication
antenna, support facilities and equipment shelters in recognition of the public need and
demand for advanced telecommunication and information technologies and services
balanced against the impacts such facilities may have on properties within the City. It is
the further purpose and intent of these regulations to:

1. Provide for the appropriate location and development criteria for wireless
communication support facilities and wireless communication antenna within the
City

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2. Allow and encourage the location of wireless communication support facilities in
the overlay zoning district

3. Minimize the adverse effects of such facilities through careful design, siting and
screening criteria

4. Maximize the use of existing and future wireless communication support facilities
and encouraging multiple uses and co-location of such facilities

5. Protect the character of residential areas throughout the City from the effects of
wireless communication facilities

6. Promote the public health, safety, and welfare.

Uses Permitted:

Wireless Communication Antenna (WCA) shall be considered a permitted accessory use
in any zoning district when:

1. Placed on or attached to any existing structure at least five (5) stories in height
which constitutes a principle use, including existing communication towers and
water towers provided: [amended 4/02]

a. In the case of a five (5) story building, that any WCA shall not extend
more than thirty (30) feet above the roofline of the structure to which it is
attached.

b. In the case of a six (6) story building, that any WCA shall not extend more
than forty (40) feet above the roofline of the structure to which it is
attached.

c. In the case of a seven (7) story building, that any WCA shall not extend
more than fifty (50) feet above the roofline of the structure to which it is
attached.

d. In the case of an eight (8) story building, that any WCA shall not extend
more than sixty (60) feet above the roofline of the structure to which it is
attached.
e. In no case shall any WCA extend more than sixty (60) feet above the
roofline of the structure to which it is attached.

2. Placed on an existing utility or light pole which will serve as a wireless
telecommunications facility and where the height of said existing pole or other
structure is not increased more than twenty (20) feet and the existing pole and
other structure is not proposed to be modified in a manner which would materially
alter the pole or structure and/or result in an impairment of sight lines or other
safety interest.

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Provided:

1. WCAs shall require no personnel on the premises except as necessary for
maintenance and repair.

2. All WCAs shall be designed to blend into or meet the aesthetic character of the
principal (primary) structure where reasonably practical taking into consideration
the location of the WCA and the line of sight angle and distance from the right-of-
way and neighboring uses.

3. A WCA proposed to be located on a historic landmark or in a designated historic
district may be denied if the WCA would create an adverse impact on the historic
character of the historic landmark or district.

4. Associated wireless telecommunication equipment shelters meet accessory use
height and setback requirements of the district, and receive administrative
approval.

This section shall not exempt the applicant from such other government review and
permitting procedures of the Federal Communications Commission or Federal
Aeronautics Administration.

Overlay District Established for Wireless Communication Support Facilities [amended
6/06]

Intent: An overly zone is hereby created for the siting of wireless communication
facilities (WCF) and wireless communication antenna (WCA). The zone is identified as:

1. The Pulaski Lodge, 871 Pulaski Avenue described as:
W 589 ft of E 757 ft of N 10 acres of SE ¼ of SE ¼ exc N 25 ft thereof Sec 37
T10N R17W.

2. City of Muskegon That Part of NE 1/4 of SE 1/4 Sec 33 T10N R16W Lying S of
Consumers Power Co 100 Ft R/W W Of US 31 State Hwy E Of Relocated C & O
R R R/W & N Of Little Black Creek

3. City property near the terminus of Yuba Street, described as:
Lot 1 Blk 1 & that part of Lot 3 Blk 1 & N ½ of SE ½ Sec 17 T10N R16W lying
Sly & Ely of Muskegon River & Nly of US 31 business rte and Lots 1, 2 & 3 Blk
121.

4. A portion of the Muskegon Community College campus, 221 S. Quarterline
Road, described as:
Commencing at the S ¼ corner of Section 15, T10N, R16W, City of Muskegon,
Muskegon County, Michigan, thence N 01°04’25” E 815.71 feet along the N-S ¼
line of said Section 15 and the centerline of Quarterline Road (66 feet wide);
thence N 88°56’41” W 1035.89 feet to the Point of Beginning; thence continuing
N 88°56’41” W 60.00 feet; thence N 01°03’19” E 60.00 feet; thence S 88°56’41”
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E 60.00 feet; thence S 01°03’19” W 60.00 feet along the West face of an existing
building to the point of beginning being a part of the SW ¼ of Section 15, T10N,
R16W, City of Muskegon, Muskegon County, Michigan, and containing 0.083
acres or 3600 sq. ft. of land, more or less, subject to easements and restrictions of
record, if any. [amended 11/00]

Wireless communication support facilities are permitted as special land uses in the
overlay zone and shall be permitted under the purview of Section 2332 after review and
approval of the use by the Planning Commission, after public hearing, subject to the
applicable conditions imposed by the Planning Commission:

1. The facility shall comply with all applicable Federal Aeronautics Administration
and the Federal Communications Commission requirements.

2. All WCSF shall be constructed in compliance with all applicable construction
codes, including, without limitation, the Electronic Industries
Association/Telecommunications Industry Association (EIA/TIA) Structural
Standards of Steel Antenna Towers and Antenna Supporting Structures and shall
be certified as such by a licensed structural engineer.

3. Accessory equipment storage structures shall meet the setback and height
requirements of the underlying zone. No accessory equipment or structure shall
be allowed in any rights-of-way.

4. The WCSF shall not be used for advertising purposes and shall not contain any
signage except which shall show the identity of the service provider and
emergency telephone numbers. The sign or signs shall not exceed two square feet
in size, and shall be easily readable from ground level.

5. The WCSF may be located on a zoning lot containing permitted other principal
uses or approved special uses.

6. The WCSF may be located within an area smaller than the minimum lot size of
the underlying zoning district. The area within which the WCSF is located shall
be the area subject to the requirements of this section, rather than the entire
zoning lot, unless otherwise provided herein, or reasonably required by the
planning commission.

7. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent
possible. The WCSF shall have a landscaped buffer so that the base of the WCSF
and accessory equipment structure or storage area shall be screened from any
right-of-way, residential use, or residential zoning district. Such landscaped
buffer shall be placed on the site in a manner which will maximize the aesthetic
and environmental effects, while at the same time providing the required visual
buffer. The landscaped buffer shall consist of hedges planted leaf to leaf which
shall reach a height of not less than six (6) feet at maturity and conifer trees
planted on fifteen (15) foot centers along the approved buffer. Requirements may
be modified by the Planning Commission as appropriate for the specific site.
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8. The application shall contain information showing the geographic search area
within which the proposed WCSF must be located and shall also provide locations
of all structures of similar height within and adjacent to the search area.

9. WCSFs shall not have a shiny or metallic finish.

10. The WCSF shall not exceed 200 (two-hundred) feet in height.

11. If located on the same zoning lot with another permitted use, the WCSF shall not
be located in a front yard abutting a street.

12. Legal access to the WCSF shall be provided regardless of other developments that
may take place on the property.

13. Towers shall not be artificially lighted unless required by the FAA. When lighting
is required by the FAA or other federal or state authority, it shall be oriented
inward so as not to project onto surrounding property or the site shall be
landscaped to mitigate light impact.

14. All exterior building material shall be compatible with surrounding structures but
in no case shall they be cinder or cement block, and metal, other than aluminum
siding. Towers shall be enclosed by security fencing not less than six feet in
height.

15. Monopoles may be required by the Planning Commission if it is deemed to be
more aesthetically compatible with the area than a lattice pole.

16 .Antenna and metal towers shall be grounded for protection against a direct strike
by lightening and shall comply as to electrical wiring and connections with all
applicable state and local statutes.

17. Tower owners shall provide maintenance and safety reports to the city’s building
official.

18. Proof of responsibilities in the case of abandonment shall be submitted with the
application.

Replacement of Existing WCSFs:

1. The replacement WCSF shall not exceed a total height of 200 (two-hundred) feet or,
if the existing WCSF has an approved height greater than 200 (two-hundred) feet, the
replacement WCSF shall not exceed the approved height.

2. The replacement WCSF shall be located within the same zoning lot as the existing
WCSF and shall be located to comply with existing minimum yard requirements.

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3. The existing WCSF shall be removed within 90 days of completion of the
replacement WCSF and the relocation or installation of the WCA.

4. If the location of the replacement WCSF is such that the existing WCSF must be
moved before the replacement WCSF is constructed, temporary portable antennae
support facilities may be used, but must be removed within 30 days of the completion
of the replacement WCSF and the relocation or installation of the WCA.

Review Criteria for new WCSFs:

1. A new WCSF shall not be approved unless it can be demonstrated by the
applicant that there is a need for the new WCSF which cannot be met by placing
WCA on an existing WCSF or on other structures or replacement of an existing
WSCF. Information concerning the following factors shall be considered in
determining that such need exists:

a. Insufficient structural capacity of existing WCSFs or other suitable
structures and inability to reinforce or replace an existing WCSF

b. Unavailability of suitable locations to accommodate system design or
engineering on existing WCSF or other structures

c. Radio frequency interference or other signal interference problems at
existing WCSF or other structures

d. The cost of using an existing WCSF or other structure exceeds the costs of
permitting and constructing a new WCSF

e. Other factors which demonstrate the reasonable need for the new WCSF.

Co-location Required:

1. The applicant must include in the application an affidavit stating space on a
proposed tower will be made available to future users when technically possible.

2. The applicant shall send a written notice via certified mail to all potential users of
the new WCSF offering an opportunity for co-location. The list of potential users
shall include those entities that have requested approval of WSCF in the past,
current FCC license holders, and any other entities requesting to be included on
the list. Copies of the notice letters shall be provided to the City at the time the
application is filed. If, during a period of 30 days after the notice letters are sent
to potential users, a user or users request, in writing, to co-locate on the new
WCSF, the applicant shall accommodate the request(s), unless co-location is not
reasonably possible based on the criteria of this subsection.

Removal of Abandoned WCSFs:

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All providers owning a wireless telecommunications support facility shall notify the
zoning administrator when the use of said tower located in the municipality will be
discontinued and the date it will cease. Any WCSF which is abandoned shall be removed
or demolished within 90 days of abandonment. For the purposes of this section,
abandoned shall mean that no WCA or other commercial antenna has been operational
and located on the WCSF for 180 days or more. Where a WCSF is abandoned but not
removed or demolished as required, the City may remove or secure the removal of the
facility or required portions thereof, with its actual cost and reasonable administrative
charge to be placed on the property. A lien on the property shall be superior to all other
liens except taxes.

RECOMMENDATION

The 1997 Master Plan Future Land Use Map identified this property as “Industrial”. The
use proposed could be considered industrial in nature. Based on compliance with the
1997 Master Plan, staff recommends approval of the request, subject to the conditions
offered below.

DELIBERATION
Standards for Special Uses [derived from Section 2332]

Emphasis provided

Prior to authorization of any Special Land Use, the Planning Commission shall:

1. Give due regard to the nature of all adjacent uses and structures and the consistency
with the adjacent use and development.

2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason
of increased traffic, noise, vibration, or light.

3. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.

4. The proposed site plan complies with section 2330 of the ordinance and has:

MOTION FOR CONSIDERATION
I move that the special land use permit and associated site plan, per section 2321 of
Article XXIII of the Zoning Ordinance, to allow the location of a wireless
communication support facility in an MC, Medical Care zoning district at 2301 S. Harvey
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Street, by Sheri Andrews, on behalf of New Par, d/b/a Verizon Wireless, 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. All conditions for wireless communication support facilities listed under Section
2321 shall be met.
2. The site plan revisions as listed in #5 of the staff report to be submitted and
approved by the Planning Department.
3. The Fire Department conditions listed in #6 of the staff report are to be met. The
lock box needs to be indicated on the revised site plan.
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 listed above.
6. The special land use permit document shall be recorded with the register of deeds
prior to constructing the wireless communication support facility.

17
Hearing; Case 2006-41: Request to rezone the property at 1745 Madison Street from I-
1, Light Industrial District, to R-1,One Family Residential District, by Ross Alsobrooks.

BACKGROUND

Applicant: Ross Alsobrooks
Property Address/Location: 1745 Madison Street
Request: Rezone from I-1 Light Industrial to R-1, One
Family Residential
Present Land Use: Residential
Zoning: I-1, Light Industrial

STAFF OBSERVATIONS
1) This property in question is owned by Federal National Mortgage Associates. Mr.
Alsobrooks is in the process of attempting to purchase the property. Presently the
nonconforming zoning is causing him some issues with his financing.
2) Although the property is zoned I-1, Light Industrial, the property has a home and
garage located on it, and is on the edge of a residential neighborhood. Both the home
and garage are in very good shape, and industrial uses would not be logical.
3) The properties to the south and west, are zoned I-1. The zoning to the east and north
are zoned R-1, One Family Residential
4) There are vacant industrial buildings that formerly housed the Spartan Oil Company
located to the south and west of the subject property.
5) The 1997 Master Plan’s Future Land Use Map shows this property as residential.
6) The 1997 Master Land Use Plan, in reference to this sub-area states ”Restrict further
expansion of industrial development”.
7) Staff has received no comments regarding this request.

18
19
House and garage located at 1745 Madison

Former Spartan Oil Company building.

20
I-1 Light Industrial

ARTICLE XIV - I-1 LIGHT INDUSTRIAL DISTRICTS

PREAMBLE

The I-1 Light Industrial Districts are designed so as to permit wholesale, warehousing,
and manufacturing facilities whose external, physical effects have a minimum
detrimental effect on the adjacent districts. It is the intent of this article to permit, in
addition to specific uses enumerated, the manufacturing, compounding, processing,
packaging, assembly, and/or treatment of finished or semifinished products from
previously prepared material. The uses permitted are those which meet a higher standard
of restrictions than those imposed in the I-2 Zoning District, and shall be of a type other
than those which produce hazardous material as defined in the Fire Code.

SECTION 1400: PRINCIPAL USES PERMITTED

All principal uses of land and buildings which are erected or structurally altered or
occupied shall be those specified in this article:

1. The manufacture, compounding, processing of food, and pharmaceuticals.

2. The manufacture, compounding, or assembly of products from previously
prepared materials, including but not limited to fabrics, glass, leather, paper,
metal, or plastics.

3. Machine shops and metal finishing shops, including the incidental of casting of
metal products and alloying of furnace ready non-ferrous metals which are free of
paint, oils or other organic substances.

4. Crematories.

5. Retail uses which have an industrial character in terms of either their outdoor
storage requirements or activities such as: lumber yards or motor vehicle, boat, or
implement sales.

6. Storage yards.

7. Warehousing of materials not highly hazardous as defined in the Fire Code.

8. Veterinary clinics and outdoor kennels.

9. Lumber and planing mills.

10. Municipal buildings, public service buildings, auto equipment repair shops doing
major repair.

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

12. Uses similar to the above.

13. Non-accessory signs provided that the signs conform to Section 2308 (1)(f) of this
Code.

SECTION 1401: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted
as a special land use if it is found to meet the standards outlined in Section 2332 of this
Ordinance, subject to the applicable conditions imposed by Ordinance and other
reasonable conditions imposed by the Planning Commission:

1. Railway or truck freight terminals located more than two hundred (200) feet from
any residential district.

2. Freestanding commercial radio, television, and similar transmission towers
greater than 175 feet and their attendant facilities.

3. Paint manufacturing.

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

5. Prisons and other similar correctional facilities.

6. Adult bookstores, adult indoor and outdoor motion picture theaters, and cabarets.
Recognizing that because of their nature some uses have objectionable operational
characteristics, especially when concentrated in small areas and recognizing that
such uses may have a harmful effect on adjacent areas, special regulation of these
uses is necessary to insure that these adverse effects will not contribute to the
blighting or downgrading of the surrounding neighborhood. These special
regulations are as follows:

a. No such uses may be permitted in the I-1 Districts within one thousand
(1,000) feet if any residential district measured from the lot line of the
location of the proposed use.

b. The Planning Commission may waive this location provision if the
following findings are made:

i. That the proposed use will not be contrary to the public interest or
injurious to nearby properties and that the spirit and intent of this
Ordinance will be observed.

ii. That the character of the area shall be maintained.
22
iii. That all applicable regulations of this Ordinance will be observed.

iv. That no other adult bookstore, adult motion picture theater, or
cabaret is located within two thousand (2,000) feet of the proposed
location.

d. The petition hereafter required shall contain an affidavit signed by the
party circulating such petition attesting to the fact that the petition was
circulated by him and that the circulator personally witnessed the
signatures on the petition and that the same were affixed to the petition by
the person whose name appeared thereon, and that the circulator truly
believes that the signers of such petition are persons owning property
within one thousand (1,000) feet of the premises mentioned in said
petition. Such petition shall also comply with other rules and regulations
as may be promulgated by the City Commission.

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

SECTION 1402: 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 I-1 Light
Industrial Districts is to allow mixed land uses, which are compatible to each other, while
prohibiting uses which would not be compatible or harmonious with other uses permitted
in the I-1 District.

SECTION 1403: AREA AND BULK REQUIREMENTS [amended 4/00]

1. Minimum lot size: 21,780 sq. feet.

2. Maximum lot coverage:
Buildings: 85 %
Pavement: 25 %

3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
23
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: 3 stories or 50 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 2-4).

6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 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: 10 feet and 20 feet
2-story: 15 feet and 25 feet
3-story: 20 feet and 30 feet

Note, setback measurement: All required setbacks shall be measured from the
right-of-way line to the nearest point of the determined drip line of buildings.
[amended 10/02]

10. Zero lot line option: New principal buildings may be erected on the rear lot line
and/or one side lot line provided: [amended 10/02]

a. The building has an approved fire rating for zero-lot line development
under the building code.

b. The building has adequate fire access preserved pursuant to fire code
requirements.

c. The zero lot line side is not adjacent to a street.

d. A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the
zoning administrator with the site plan or plot plan.

24
e. It is not adjacent to wetlands, or waterfront.

11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless
zero-lot-line is employed for a structure or fire access. At least fifty percent of all
required front setbacks shall be landscaped and adjacent to the road right-of-way.
An average minimum greenbelt of 10 feet shall be maintained along each street
frontage. [amended 12/01, amended 10/02]

SECTION 1404: BUSINESS CONDUCT LIMITATION

1. All uses permitted under Section 1400 and 1401 shall be subject to all
environmental limitations imposed by this Section, other ordinances, statutes and
governmental regulations.

2. Casting of metal parts in shops other than foundries shall be limited so that not
more than twenty-five percent (25%) of the aggregate floor area may be used for
the casting process.

3. Crematories shall be located not less than two hundred (200) feet from a
residential district.

4. Storage yards shall be screened from any adjacent street or non-industrial district
by an obscuring fence. This shall not require that parking lots of motor vehicles,
boats, or implement sales be screened.

5. No property line of a lumber or planing mill shall be contiguous to the exterior
boundary of a Residential District.

6. Uses permitted in the I-1 District shall be those whose finished products are non-
hazardous as defined in the Fire Code.

7. Stamping machines, presses, and shears shall be dampened so as not to produce
noises and vibrations which conflict with the preamble of this Article.

8. Animals kept for slaughter shall be only that number which will be processed in
one day.

25
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.
26
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.

xiv) Activities specifically prohibited (but not limited to) include:

(1) A service or repair of motor vehicles, appliances and other
large equipment
27
(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.

2. 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]

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

4. Uses similar to the above Principal Uses Permitted.

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

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

a. In those instances where the proposed site is not to be situated on a lot or
lots of record, the proposed site shall have one property line abutting a
major thoroughfare and the site shall be so planned as to provide ingress
and egress directly onto said major thoroughfare.

b. Front, side, and, rear yards shall be at least fifty (50) feet wide, except on
those sides adjacent to nonresidential districts, and shall be landscaped in
trees, shrubs, grass, and terrace areas. All such landscaping shall be
28
maintained in a healthy condition. There shall be no parking or structures
permitted in these yards, except for required entrance drives and those
walls and/or fences used to obscure the use from abutting residential
districts.

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

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

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

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

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

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

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

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

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

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

c. Buildings of greater than the maximum height allowed in Section 2100,
may be allowed provided front, side, and rear yards are increased above
the minimum requirements by one (1) foot for each foot of building that
exceeds the maximum height allowed.

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

29
5. Cemeteries.

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

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

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

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

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

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

c. Conditions: [amended 8/04]

1) Outdoor storage is prohibited.

2) The area devoted to approved uses shall not exceed 2,500 square
feet.

3) All goods produced on the premises shall be sold at retail on the
premises where produced.

4) All business, servicing, or processing shall be conducted within a
30
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
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:

31
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.

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).

32
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.

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

Note: For minimum front setbacks new principal structures on minor streets may
align with existing principal structures in the immediate area even if the 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
33
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.

STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject properties from I-1 to R-1
because the request conforms to the goals and recommendation of the City’s 1997 Master
Plan.

DELIBERATION
Criteria-based questions typically asked during a rezoning include:

1. What, if any, identifiable conditions related to the petition have changed which
justify the petitioned change in zoning.

2. What are the precedents and the possible effects of precedent that might result
from the approval or denial of the petition?

4. Does the petitioned zoning change adversely affect the environmental conditions
or value of the surrounding property?

34
5. Does the petitioned zoning change generally comply with the adopted Future
Land Use Plan of the City?

6. Are there any significant negative environmental impacts which would
reasonably occur if the petitioned zoning change and resulting allowed structures
were built such as:

a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic
sites, or wildlife areas.

7. Is the proposed zoning change a “Spot Zone”?

a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those
allowed in the vicinity?
c. Would the zoning change confer a benefit to the property owner that is
not generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.

DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the property located at 1745 Madison Street from I-1,
Light Industrial district to R-1, One Family Residential 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 and zoning district intent.

35
Hearing; Case 2006-42: Request to rezone the property at 699 Pulaski Avenue from I-1,
Light Industrial District, to B-4, General Business District, by Anthony Tidswell, Instrio,
LLC.

BACKGROUND

Applicant: Anthony Tidswell, Instrio, LLC
Property Address/Location: 699 Pulaski Avenue
Request: Rezone from I-1, General Industrial district to B-4,
General Business district
Present Land Use: Vacant building
Zoning: B-4, General Business

STAFF OBSERVATIONS
1. This property was recently occupied by Allquest, a business that did insurance
restoration work. Several other commercial uses were in the building in previous
years. The building has been empty for several years, and lost it legal
nonconforming status.
2. The current owner wishes to operate a spray-on truck bed liner business, which
requires a B-4 zoning, rather than I-1.
3. The property to the south and west is B-4, General Business, while the zoning to
the north is I-1, Light Industrial. To the east is the City limits at Seaway Drive.
4. The 1997 Master Plan’s Future Land Use Map indicates that this property should
be commercial.
5. The 1997 Mast Land Use Plan, in reference to this sub-area states: “Complete the
full commercial development of that area lying between Henry Street, Laketon
Avenue, Seaway Drive, and Sherman Boulevard”.
6. Staff has received no comments regarding this request.

36
View from Seaway Drive. View from Pulaski Avenue.

37
ORDINANCE EXCERPTS

I-1 Light Industrial

ARTICLE XIV - I-1 LIGHT INDUSTRIAL DISTRICTS

PREAMBLE

SECTION 1400: PRINCIPAL USES PERMITTED

All principal uses of land and buildings which are erected or structurally altered or
occupied shall be those specified in this article:

1. The manufacture, compounding, processing of food, and pharmaceuticals.

2. The manufacture, compounding, or assembly of products from previously prepared
materials, including but not limited to fabrics, glass, leather, paper, metal, or plastics.

3. Machine shops and metal finishing shops, including the incidental of casting of metal
products and alloying of furnace ready non-ferrous metals which are free of paint, oils
or other organic substances.

4. Crematories.

5. Retail uses which have an industrial character in terms of either their outdoor storage
requirements or activities such as: lumber yards or motor vehicle, boat, or implement
sales.

6. Storage yards.

7. Warehousing of materials not highly hazardous as defined in the Fire Code.

8. Veterinary clinics and outdoor kennels.

9. Lumber and planing mills.

10. Municipal buildings, public service buildings, auto equipment repair shops doing
major repair.

38
11. Accessory buildings and uses customarily incidental to the above Principal Uses
Permitted.

12. Uses similar to the above.

13. Non-accessory signs provided that the signs conform to Section 2308 (1)(f) of this
Code.

SECTION 1401: SPECIAL LAND USES PERMITTED

1) Railway or truck freight terminals located more than two hundred (200) feet from any
residential district.

2) Freestanding commercial radio, television, and similar transmission towers greater
than 175 feet and their attendant facilities.

3) Paint manufacturing.

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

5) Prisons and other similar correctional facilities.

6) Adult bookstores, adult indoor and outdoor motion picture theaters, and cabarets.
Recognizing that because of their nature some uses have objectionable operational
characteristics, especially when concentrated in small areas and recognizing that such
uses may have a harmful effect on adjacent areas, special regulation of these uses is
necessary to insure that these adverse effects will not contribute to the blighting or
downgrading of the surrounding neighborhood. These special regulations are as
follows:

a. No such uses may be permitted in the I-1 Districts within one thousand
(1,000) feet if any residential district measured from the lot line of the
location of the proposed use.

b. The Planning Commission may waive this location provision if the
following findings are made:

i. That the proposed use will not be contrary to the public
interest or injurious to nearby properties and that the spirit
and intent of this Ordinance will be observed.

ii. That the character of the area shall be maintained.
39
iii. That all applicable regulations of this Ordinance will be
observed.

iv. That no other adult bookstore, adult motion picture theater,
or cabaret is located within two thousand (2,000) feet of the
proposed location.

c. Anything herein to the contrary notwithstanding, the Planning
Commission shall not consider the waiver of the locational requirements
as hereinabove set forth until a petition shall have been filed with the City
Clerk and verified as to sufficiency. Such petition shall indicate approval
of the proposed regulated use by fifty-one (51) percent or more of the
persons owning property within a radius of one thousand (1,000) feet of
the location of the proposed use as measured from the lot line. The
petitioner, or his agent, shall attempt to contact all eligible property
owners within this radius and must maintain a list of all addresses at which
no contact was made.
d. The petition hereafter required shall contain an affidavit signed by the
party circulating such petition attesting to the fact that the petition was
circulated by him and that the circulator personally witnessed the
signatures on the petition and that the same were affixed to the petition by
the person whose name appeared thereon, and that the circulator truly
believes that the signers of such petition are persons owning property
within one thousand (1,000) feet of the premises mentioned in said
petition. Such petition shall also comply with other rules and regulations
as may be promulgated by the City Commission.

7) Uses similar to the above Special Land Uses Permitted.

SECTION 1402: PLANNED UNIT DEVELOPMENTS

SECTION 1403: AREA AND BULK REQUIREMENTS [amended 4/00]

1) Minimum lot size: 21,780 sq. feet.

2) Maximum lot coverage:
(a) Buildings: 85 %
(b) Pavement: 25 %

3) Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
40
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: 3 stories or 50 feet

i) Height measurement: In the case of a principal building, the vertical distance
measured from the average finished grade to the highest point of the roof
surface where the building line abuts the front yard, except as follows: to the
deck line of mansard roofs, and the average height between eaves and the
ridge of gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not
entirely level, the grade shall be determined by averaging the elevation of the
ground for each face of the building (see Figure 2-4).

6) Front Setbacks: [amended 1/05]
(a) Minimum:
1. Expressway or Arterial Street: 30 feet
2. Collector or Major Street: 20 feet
3. Minor Street: 10 feet

7) Rear setback: 10 feet

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

9) Side setbacks:
(a) 1-story: 10 feet and 20 feet
(b) 2-story: 15 feet and 25 feet
(c) 3-story: 20 feet and 30 feet

Note, setback measurement: All required setbacks shall be measured from the
right-of-way line to the nearest point of the determined drip line of buildings.
[amended 10/02]

10) Zero lot line option: New principal buildings may be erected on the rear lot line
and/or one side lot line provided: [amended 10/02]

11) The building has an approved fire rating for zero-lot line development under the
building code.

12) The building has adequate fire access preserved pursuant to fire code requirements.

13) The zero lot line side is not adjacent to a street.

14) 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.

15) It is not adjacent to wetlands, or waterfront.
41
16) All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-
lot-line is employed for a structure or fire access. At least fifty percent of all required
front setbacks shall be landscaped and adjacent to the road right-of-way. An average
minimum greenbelt of 10 feet shall be maintained along each street frontage.
[amended 12/01, amended 10/02]

SECTION 1404: BUSINESS CONDUCT LIMITATION

1) All uses permitted under Section 1400 and 1401 shall be subject to all environmental
limitations imposed by this Section, other ordinances, statutes and governmental
regulations.

2) Casting of metal parts in shops other than foundries shall be limited so that not more
than twenty-five percent (25%) of the aggregate floor area may be used for the
casting process.

3) Crematories shall be located not less than two hundred (200) feet from a residential
district.

4) Storage yards shall be screened from any adjacent street or non-industrial district by
an obscuring fence. This shall not require that parking lots of motor vehicles, boats,
or implement sales be screened.

5) No property line of a lumber or planing mill shall be contiguous to the exterior
boundary of a Residential District.

6) Uses permitted in the I-1 District shall be those whose finished products are non-
hazardous as defined in the Fire Code.

7) Stamping machines, presses, and shears shall be dampened so as not to produce
noises and vibrations which conflict with the preamble of this Article.

8) Animals kept for slaughter shall be only that number which will be processed in one
day.

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B-4 General Business

ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS

PREAMBLE

The B-4 General Business District is designed to provide for a wide variety of business
activities including automotive services and goods, and is generally incompatible with the
uses in the B-1, B-2, and B-3 Business Districts. Placement along presently developed
major traffic arteries prevents the conflict of traffic and pedestrian movement since the
General Business District is characterized by a minimum of pedestrian flow. The B-4
General Business Districts have been located in areas designated on the adopted Land
Use Plan.

SECTION 1300: PRINCIPAL USES PERMITTED

In the B-4 General Business District, no building or land shall be used and no building
shall be erected, structurally altered, or occupied except for one (1) or more of the
following specified uses, unless otherwise providing in this Ordinance:

1. Veterinarian clinics, without outdoor kennels.

2. Bus passenger stations.

3. Stores selling second hand merchandise.

4. Funeral homes.

5. Automobile car wash, when completely enclosed in a building.

6. Auto service stations for the sale of gasoline, oil, and accessories, subject to the
following:

a. The curb for ingress and egress to a service station shall not be permitted
at such location that will tend to create traffic hazards in the streets
immediately adjacent thereto. Entrances shall be no less than twenty-five
(25) feet from a street intersection (measured from the road right-of-way)
or from adjacent residential districts.

b. The minimum lot area shall be ten thousand (10,000) square feet, and so
arranged that ample space is available for motor vehicles which are
required to wait.

c. Major automobile repair, engine and body repair, steam cleaning and
undercoating may be allowed when conducted on the site, and said uses
shall be within a completely enclosed building. The storage of wrecked
automobiles on the site shall be obscured from public view. No

43
automobile or vehicle of any kind shall be stored in the open for a period
exceeding one (1) week.
d. All rest rooms doors shall be shielded from adjacent streets and residential
districts.

e. Dispensing pumps shall be set back twenty (20) feet from the right-of-way
line.

7. Self service laundry and dry cleaning establishments.

8. Amusement, entertainment, and recreational, including bowling alleys and skating
rinks.

9. Storage of non-hazardous and non-toxic materials or goods provided such storage
is within a building or is enclosed as not to be visible to the public from any
abutting residential district or public street.

10. Theaters, when completely enclosed.

11. Banks, with or without drive-in facilities.

12. Restaurants and cocktails lounges.

13. Motels and hotels.

14. Residential uses as part of a building in this business zone shall be allowed upon
issuance of a Certificate of Occupancy from the Department of Inspections, but
provided that the minimum lot area requirements of the RM-3 District are met.

15. Assembly of small parts provided that there shall be no machining, painting,
cutting, grinding, or welding of parts.

16. Business schools, or private schools operated for profit. Examples of private
schools permitted herein include, but are not limited to, the following: dance
schools, music and voice schools, and art studios: [amended 5/02]

a. Parking is required to be provided on the same site as the building. Shared
parking will be allowed, if it is irrevocable, and if it will not consume any
parking needed for a separate use.

17. Principal Uses as permitted in B-2 Districts.

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

19. Uses similar to the above Principal Uses Permitted.

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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.

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

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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.

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.

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.
46
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.

SECTION 1302: 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
B-4 General Business 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 or permitted commercial uses.

SECTION 1303: AREA AND BULK REQUIREMENTS [amended 4/00]

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).
47
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: 2 stories or 35 feet
Minimum height: 2 stories or 35 feet.

Minimum heights are in the form of an "overlay district" on the following
street corridors:

Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Ave. to Apple Avenue.

6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet

7. Rear setback: 10 feet

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: All required setbacks shall be measured from the
right-of-way line to the nearest point of the determined drip line of buildings.
[amended 10/02]

10. Zero lot line option: New principal buildings may be erected on the rear lot line
and/or one side lot line provided: [amended 10/02]

48
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.

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STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject properties from I-1 to B-4
because the request conforms to the goals and recommendation of the City’s 1997 Master
Plan.

DELIBERATION
Criteria-based questions typically asked during a rezoning include:

1. What, if any, identifiable conditions related to the petition have changed which
justify the petitioned change in zoning.

2. What are the precedents and the possible effects of precedent that might result
from the approval or denial of the petition?

3. What is the impact of the amendment on the ability of the city to provide
adequate public services and facilities and/or programs that might reasonably
be required in the future if the petition is approved?
4. Does the petitioned zoning change adversely affect the environmental conditions
or value of the surrounding property?

5. Does the petitioned zoning change generally comply with the adopted Future
Land Use Plan of the City?

6. Are there any significant negative environmental impacts which would
reasonably occur if the petitioned zoning change and resulting allowed structures
were built such as:

7. Is the proposed zoning change a “Spot Zone”?

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DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the property located at 699 Pulaski Avenue from I-1,
Light Industrial district to B-4, General Business 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 and zoning district intent.

51
Hearing; Case 2006-43: Request to rezone the property at 236 Monroe Avenue from R-
1, One Family Residential District to B-2, Convenience and Comparison Business
District, by Dennis Thornley.

BACKGROUND

Applicant: Dennis Thornley, DAT Holding
Property Address/Location: 236 Monroe Avenue
Request: Rezone from R-1, One Family Residential District
to B-2, Convenience and Comparison Business
District
Present Land Use: Vacant
Zoning: R-1, One Family Residential

STAFF OBSERVATIONS

1. The property in questions is an unbuildable lot measuring 33 feet wide by 132 feet
deep. The house previously located on this property was torn down a few years ago.
Since then the property has been used as a cut-through from Monroe Avenue to the
alley.
2. DAT Holding has purchased this property with plans to develop it into a parking lot
to accommodate the residential units on the second floor of 1133 Third Street. At the
present time, the residents of 1133 Third Street have no parking available to them
except on neighboring property or on the street.
3. The property owner has future plans for the main floor of the building, which
includes commercial uses. Since the building is located in the Downtown Overlay
Parking Zone, parking for these uses will need parking agreements within 1,000 feet
of the property.
4. The properties to the south and west are zoned R-1, the properties to the north and
east are zoned B-2.
5. This area is identified in the 1997 Master Land Use Plan/Downtown Redevelopment
Plan as “Neighborhood Retail”.
6. Residential uses are allowed as part of a building in B-2 zones.
7. Staff has received no comments regarding this request

52
View looking northwest at 236 Monroe. View looking southeast from the alley.

53
ORDINANCE ESCERPTS

ARTICLE IV - R ONE FAMILY RESIDENTIAL DISTRICTS

PREAMBLE

SECTION 400: PRINCIPAL USES PERMITTED

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:

54
i) The businessperson operating the home occupation shall reside in the dwelling
and only members of the immediate family residing on the premises may be
employed.

ii) The business shall have a local business license and any other appropriate
licensing or registrations required by local, state or federal law.
iii) No equipment or process shall be used in home occupations which creates
noise, vibration, glare, fumes, odor, or electrical interference detectable to the
normal senses of persons off the lot. In the case of electrical interference, no
equipment or process shall be used which creates visual or audible
interference with any radio or television receivers off the premises or causes
fluctuations in the line voltage off the premises.

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.

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.

xiv) Activities specifically prohibited (but not limited to) include:
55
(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.

5. 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]

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

7. Uses similar to the above Principal Uses Permitted.

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

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

a. In those instances where the proposed site is not to be situated on a
lot or lots of record, the proposed site shall have one property line
abutting a major thoroughfare and the site shall be so planned as to
provide ingress and egress directly onto said major thoroughfare.

56
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.

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

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

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

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

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

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

c. Buildings of greater than the maximum height allowed in Section
2100, may be allowed provided front, side, and rear yards are
increased above the minimum requirements by one (1) foot for each
foot of building that exceeds the maximum height allowed.

57
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]:

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

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

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

c. Conditions: [amended 8/04]

1) Outdoor storage is prohibited.

2) The area devoted to approved uses shall not exceed 2,500 square
feet.

58
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.

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]

59
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:

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.

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.

60
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.

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

Note: For minimum front setbacks new principal structures on minor streets may
align with existing principal structures in the immediate area even if the 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).

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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.

B-2 Convenience and Comparison Business

ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS
DISTRICTS

PREAMBLE

The B-2 Convenience and Comparison Business Districts are designed for the
convenience and community shopping needs of residents in the Muskegon Area, and they
are intended to be located in planned groups near the intersection of major thoroughfares.
All business establishments shall be retail or service establishments dealing directly with
consumers, and all goods produced on the premises shall be sold at retail on the premises
where produced. All business, servicing or processing, except off-street parking or
loading, shall be conducted within a completely enclosed building, unless otherwise
provided by this Ordinance and specifically approved by the City.

SECTION 1100: PRINCIPAL USES PERMITTED

In a B-2 Convenience and Comparison Business District no building or land shall be used
and no building shall be erected, structurally altered, or occupied except for one (1) or
more of the following specified uses, unless otherwise provided for in this Ordinance:
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1. Any generally recognized retail business which supplies commodities such as:
groceries, meats, dairy products, baked goods or other foods, drugs, drygoods,
and notions or hardware.

2. Personal service establishments such as: shoe repair, dry cleaning shops, tailor
shops, beauty parlors, barber shops, banks and savings and loan offices,
pharmacist and laboratories, or any service establishment of an office-showroom
or workshop nature of an electrician, decorator, dressmaker, tailor, shoemaker,
baker, printer, upholsterer, appliance repair, photographic reproduction, and
similar establishments that require a retail character no more objectionable than
the aforementioned.

3. Restaurants, or other places serving food.

4. Professional offices of doctors, lawyers, dentists, chiropractors, architects,
engineers, accountants, and similar or allied professions. Offices may be
permitted for similar or allied professions. Offices may be permitted for applied
technology, light technological research, research and development facilities with
laboratories, but no industrially oriented production facilities shall be permitted.

5. Office buildings for any of the following types of occupations: executive,
administrative and professional.

6. Post offices and other governmental office buildings.

7. Newspaper offices and printing offices.

8. Private clubs, lodge halls, social, and similar organizations, including assembly or
rental halls.

9. Contractor’s offices, with associated indoor storage. [amended 6/02]

b. All associated storage must be contained within a structure, and such
structure dedicated to storage shall not exceed five thousand (5,000)
square feet in size.

c. No toxic, hazardous or noxious materials shall be stored on the site.

10. Recording studios. [amended 8/02]

11. Residential uses as part of a building in this business zone shall be allowed upon
issuance of a Certificate of Occupancy from the Department of Inspections, but
provided that the minimum lot area requirements of the RM-2 District are met.

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

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13. Uses similar to the above Principal Uses Permitted.

SECTION 1101: SPECIAL LAND USES PERMITTED

b. The minimum lot area shall be ten thousand (10,000) square feet, and so
arranged that ample space is available for motor vehicles which are
required to wait.

d. All lighting shall be shielded from adjacent residential districts and from
abutting streets.

e. All rest rooms doors shall be shielded from adjoining residential property.

2. Banks with drive-in facilities, when said drive-in facilities are incidental to the
principal function.

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 shall be provided from the street right-
of-way line of any existing or proposed major thoroughfare.

b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets

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

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

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

5. Hotels, motels, sleeping inns and other facilities normally incidental thereto
subject to the following conditions:

a. The maximum length of stay at the facility shall not be greater than
fourteen (14) consecutive days.

c. The minimum floor area of each guest unit shall contain not less than two-
hundred (200) square feet. Each guest unit shall contain a private rest
room.

e. Parking shall be provided on-site.

f. The Planning Commission may require a common open space area of one
hundred (100) square feet per unit with tables and seating. This area may
be located in the required setback.

6. Stores selling second hand merchandise, subject to the following: [amended 12/01]

a. The site shall be located within or adjacent to an established, identifiable
commercial corridor.

b. The store will be associated with a bona fied charitable organization, such
as but not limited to 501(c)3 organizations.

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7. Business schools, or private schools operated for profit. Examples of private schools
permitted herein include, but are not limited to, the following: dance schools, music
and voice schools, and art studios: [amended 5/02]

a. Parking is required to be provided on the same site as the building. Shared
parking will be allowed, if it is irrevocable, and if it will not
consume any parking needed for a separate use.

8. Contractor’s offices, with associated indoor storage of over five thousand (5,000)
square feet in size. [amended 6/02]

a. All associated storage must be contained within a structure.

b. No toxic, hazardous or noxious materials shall be stored on the site.

9. 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 not be permitted to serve alcohol at any time to any
person.

c. 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.

e. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.

f. Security lighting will be provided for the site.

10. Self-serve, coin operated, automobile car wash, enclosed in a building.

11. Indoor Theaters [amended 5/04]

a. Parking must be either on site or with an irrevocable shared parking
agreement.

12. Veterinary clinics, without outdoor kennels. [amended 6/05]

13. Antique Shops. [amended 10/05]

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

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

SECTION 1102: 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 B-2
Convenience and Comparison Business 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 1103: AREA AND BULK REQUIREMENTS [amended 4/00]

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: 2 stories or 35 feet
Minimum height: 2 stories or 35 feet.

Minimum heights are in the form of an "overlay district" on the following
street corridors:

Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Avenue to Apple Avenue.

6. Front Setbacks: [amended 1/05]
Minimum:
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Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet

7. Rear setback: 10 feet

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: All required setbacks shall be measured from the
right-of-way line to the nearest point of the determined drip line of buildings.
[amended 10/02]

10. Zero lot line option: New principal buildings may be erected on the rear lot line
and/or one side lot line provided: [amended 10/02]

a. The building has an approved fire rating for zero-lot line development
under the building code.

b. The building has adequate fire access preserved pursuant to fire code
requirements.

c. The zero lot line side is not adjacent to a street.

d. A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the
zoning administrator with the site plan or plot plan.

e. It is not adjacent to wetlands, or waterfront.

STAFF RECOMMENDATION

Staff recommends approval of the rezoning request.

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DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the property located at 236 Monroe Avenue from R-1,
One Family Residential district, to B-2, Convenience and Comparison Business 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 and
zoning district intent.

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Hearing; Case 2006-44: Request for final Planned Unit Development approval for a
mixed use commercial and residential development for the southerly portion of 1266 W.
Sherman Boulevard, the Northerly portion of 1228 W. Sherman, a portion of 1254 W.
Sherman, and a portion of 2495 Barclay Street, by Hazel Churchley, Exit Your Way,
LLC.

BACKGROUND

Applicant: Hazel Churchley, Exit Your Way, LLC
Property Address/Location: Portions of 1266, 1254, 1228 W. Sherman
Boulevard and a portion of 2495 Barclay Street
Request: Final Planned Unit Development (PUD)
Present Land Use: Vacant
Zoning: R-1, One Family Residential and B-4, General
Business

STAFF OBSERVATIONS

1. This applicant received approval of the Preliminary PUD for this property at the
August Planning Commission meeting.
2. The portion of the property along Barclay Street is zoned B-4, General Business. The
remainder of the site is zoned R-1, One Family Residential.
3. The site is approximately 7 acres of property that is proposed to be developed at 20
residential units constructed as duplexes and one single unit model home. The homes
will have basemenst, some of them along the slope to Ruddiman Creek will have
walk-out basements.
4. Properties to the north and west are zoned R-1, the properties to the east are zoned
RT, Two Family Residential, and B-4. The properties to the south are also zoned B-
4.
5. The site is rather wooded, with a clearing toward the rear along the creek. There is
presently an access road off of Barclay Street that was used during the recent clean-up
of Ruddiman Creek.
6. The following items need to be addressed on the site plan:
a. A landscape plan must be submitted and approved by the Planning Department.
No trees are to be removed without Zoning Administrator approval. Existing
trees are to be marked on the site plan as either being retained or removed.
b. The height dimensions of the units needs to be provided.
c. If outdoor lighting is to be install, it must be indicated on the site plan. All
outdoor lighting must be 100% cut-off style.
d. Soil erosion and sedimentation control measures must be shown on the site plan.
e. It is uncertain where the north property line is. If it is Ruddiman Creek, so
indicate and provide property dimension.
f. The north/south parcel dimensions need to be provided.
g. Indicate the zoning of the property to the west of the site.
h. Realign unit #8 so as to have at least a 30 ft. rear setback.
i. A landscape buffer shall be provided between the development and the
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residential properties to the west. It shall consist of closely planted evergreens or
fencing approved by the Planning Department as part of the landscape plan.
7. The Fire Department has the following conditions as part of their approval:
a. Project shall comply with International Fired Code 2003 edition, Chapter 5 for
fire service features and appendix D.
b. Access road shall be a minimum 26 ft. in width, IFC D 103.1.
c. Cul-de-sac shall be 96 feet in diameter. IFC D 103.1.
d. Access road shall be capable of supporting 79,000 lb. fire apparatus load. D
102.1.
e. Fire flow and hydrant distribution shall comply with IFC Appendix C and table B
105.1.
8. DPW approved the site plan, but had the following comment:
a. Provide water and sewer service detail plans. Contact Kelly DeFrench at 724-
4100 with questions.
9. Engineering had no comments regarding this site plan.
10. Bob White, 2470 Woodcreek, has concerns with Unit 10 and it’s proximity to his
property, how the units are being built along the top of the bank of Ruddiman Creek,
and proper screening of the development from adjacent residential properties..

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Rear of the Sherman Boulevard property near Ruddiman Creek.

View looking north from Van’s Car Wash. Property located on Barclay Street.

Planned Unit Developments

Excerpted from Section 2101: Development Options

1. Planned Unit Development (PUD) Purpose

The purpose of this option is to permit flexibility in the regulation of land
development; encourage innovation in land use and variety in design, layout, and
type of structures constructed; achieve economy and efficiency in the use of land,
natural resources and utilities; encourage provision of useful open space; provide
adequate housing, employment, and shopping opportunities particularly suited to
the needs of the residents of the City of Muskegon and encourage the use, reuse,
and improvement of existing sites and buildings when the uniform regulations
contained in zoning districts do not provide adequate protection and safeguards
for the site or surrounding area.
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This option is intended to accommodate developments with mixed or varied uses,
to allow some degree of flexibility in the application of standards and regulations
in this Ordinance to achieve innovation to development on sites with unusual
topography or unique settings within the community, or on land which exhibits
difficult or costly development problems, and shall not be allowed where this
option is sought primarily to avoid the imposition of standards and requirements
of zoning classifications rather than to achieve the stated purposes above.

a. Planned Unit Development Regulations, Standards and Requirements

1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written
authorization of all property owners.

2) The application shall meet the criteria established in each specified
zoning district.

b. PUD Review Procedures

1) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.

2) The review shall be in two phases:

3) The preliminary phase shall involve a review of a conceptual PUD
plan to determine its suitability.

4) The final phase shall require a detailed development plan for any part
of the approved conceptual PUD plan.

c. Standards for Approval of PUD Plans

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.

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3) The amount of open space provided, which the Planning Commission
or City Commission may modify even though such modifications do
not conform to that required in other sections of this ordinance.

4) The amount of off-street parking areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.

5) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.

6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.

7) The uses proposed will result in safe, convenient, uncongested and
well defined vehicular and pedestrian circulation systems.

2. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary
phase approval:

a. A general development plan depicting the proposed locations of streets,
parking areas, open spaces, buildings and structures, and their spatial
relationships, the relationship to off-site improvements and infrastructure
and any unusual topographic features.

1) Approval by the Planning Commission of the PUD Preliminary Plan
shall remain in effect for a period not to exceed three (3) years from
the date of approval.
3. Final PUD Plan Submission

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;

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4. Amendments to an Approved Final PUD Plan

a. Incidental or minor changes may be approved by the Planning
Commission if the proposed modifications do not alter the basic design or
land uses of the plan.

b. If the Planning Commission determines that the proposed modifications
are significant or major, a public notice and public hearing in accordance
with Section 2332 must be conducted prior to approval or denial.

5. PUD Development Time Limits

a. Construction of the improvements shown on the approved final PUD plan
with all proposed buildings, parking areas, landscaping and infrastructure
must commence within one year of approval by the City Commission.

b. Construction must be continued in a reasonable, diligent manner and be
completed within five (5) years.

c. Said five (5) year period may be extended if applied for in writing by the
petitioner and granted by the City Commission following public notice
and public hearing in accordance with Section 2332 of this ordinance.
Failure to secure an extension shall result in a stoppage of all construction.

STAFF RECOMMENDATION
Staff recommends approval of the request for a final PUD for portions of 1266, 1254, &
1228 W. Sherman Boulevard and 2495 Barclay Street.

DELIBERATION
Standards for discretionary uses: (emphasis provided)

1. Give due regard to the nature of all adjacent uses and structures and the
consistency with the adjacent use and development.

2. Find that the proposed use or activity would not be offensive, or a nuisance, by
reason of increased traffic, noise, vibration, or light.

3. Adequate water and sewer infrastructure exists or will be constructed to service
the activity.

4. The proposed site plan complies with section 2331of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
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g. preserves property values to related or adjoining properties.

MOTION FOR CONSIDERATION
I move that the final PUD for a mixed-use residential and commercial development on
the southerly portion of 1266 W. Sherman Boulevard, the northerly portion of 1228 W.
Sherman Boulevard, and a portion of 1254 W. Sherman Boulevard along with a portion
of 2495 Barclay Street be recommended for (approval/denial) to the City Commission
pursuant to the determination of (compliance/lack of compliance) with the intent of the
City Zoning Ordinance and City Master Land Use Plan.

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