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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, November 13, 2008
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Approval of minutes of the regular meeting of October 16, 2008.
III. PUBLIC HEARINGS
A. Hearing; Case 2008-29: Request for a Special Land Use Permit, per Section
1301 (#1) of article XIII (B-4, General Business Districts) of the Zoning
Ordinance to allow a used car lot in a B-4 district at 135 Ottawa Street, by Ernest
Norwood, Ernie’s Auto & Trailer Sales, Inc.
B. Hearing; Case 2008-30: Staff initiated request to review the proposed
Downtown Lakeshore Master Plan, Williams & Works.
IV. OLD BUSINESS
V. NEW BUSINESS
VI. OTHER
VII. Adjourn
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O:\Planning\COMMON\Zoning\Planning_Commission\PC 2008\2008 Agendas\pc 11-08.doc
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 13, 2008
Hearing; Case 2008-29: Request for a Special Land Use Permit, per Section 1301 (#1) of
article XIII (B-4, General Business Districts) of the Zoning Ordinance to allow a used car lot in a
B-4 district at 135 Ottawa Street, by Ernest Norwood, Ernie’s Auto & Trailer Sales, Inc.
BACKGROUND
Applicant: Ernest Norwood, Ernie’s Auto & Trailer Sales, Inc.
Property Address/Location: 135 Ottawa Street
Request: Special Land Use Permit for used auto sales
Present Land Use: Vacant
Zoning: B-4, General Business
STAFF OBSERVATIONS
1. The building on the property in question is presently vacant, however it previously
housed several used car lots, such as Seaway Motors. The property has been vacant for
several years, and was most recently issued a special land use permit in 2004 for a
taxi/limousine service. That special land use permit was dissolved in 2006, since the use
never went into the building.
2. The applicant wishes to operate a used car dealership out of the building, along with an
auto detailing shop and car wash. Only the auto sales portion requires a special land use
permit. The other two uses are principal uses in the district.
3. The property is zoned B-4, General Business. Properties to the Northwest are zoned
WM, Waterfront Marine, to the Southwest, the zoning is I-2, General Industrial and B-4,
General Business. The zoning to the East, across Seaway Drive, is also zoned B-4.
4. The 1997 Master Plan Future Land Use Map identified this property as “Commercial”.
5. Used car lots are allowed in a B-4 under a special land use permit, with conditions.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets. (This is not the case on this property, so
curbing or curb stops must be installed along the street to limit access along the
entire frontage of the property to 60 feet from the intersection.)
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.
6. The applicant has submitted a site plan showing the proposed drives, and sales area for
the site. Since no changes are proposed for the building, it is not required as part of his
special land use permit request, however a site plan must be submitted to the Zoning
Administrator “whenever three (3) or more vehicle parking spaces are required for a
given use of land”. The site plan that has been submitted has some issues, one being the
clear visions requirement that must be adhered to at the intersection. The ordinance
requires that clear vision be maintained up to 25 feet from the intersection.
7. Staff has received no comments regarding this request.
View of the front of the building. View from the side street.
ORDINANCE EXCERPTS
SECTION 1301: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
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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:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
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b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of building that exceeds the maximum
height allowed.
8. Commercial Kennels.
9. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One (1) parking space shall be provided for each twenty (20) rental units
within the buildings, and one (1) parking space shall be provided for each
employee on site.
c. Between warehouses, there shall be a minimum of twenty five (25') feet
for internal access drives. Traffic direction and parking shall be designated
by signaling or painting.
d. The lot area used for parking and access shall be provided with a
permanent, durable, dustless surface and shall be graded and drained so as
to dispose of all surface water.
e. All lighting shall conform to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of areas
adjacent to any residential zone or use.
g. Retail, wholesale, fabrication, manufacturing, or service activities may not
be conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery
or pick-up of goods in truck in excess of one and one-half (1.5) ton rated
capacity shall be permitted.
i. All storage shall be within the enclosed building area. There shall be no
outside storage or stockpiling.
j. No storage of hazardous, toxic, or explosive materials shall be permitted at
the facility. Signs shall be posted at the facility describing such
limitations.
10. Live music concert halls, under the following conditions: [amended 8/02]
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a. The business will operate in such a manner as to comply with the Noise
Ordinance enacted by the City of Muskegon. No music (either live or piped) will
be permitted outside the building.
b. The business will maintain security staff, both inside and outside the building, at
all times when open to customers. Loitering will not be permitted on or around
the site.
c. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
e. Security lighting will be provided for the site.
11. Taxi/Limousine Services [amended 5/04]
12. Accessory uses and accessory buildings customarily incidental to the above Special Land
Uses Permitted.
13. Uses similar to the above Special Land Uses Permitted.
14. Non-accessory signs provided that the signs conform to Section 2308 (1) (f) of this code.
RECOMMENDATION
Based on compliance with the 1997 Master Plan, staff recommends approval of the request,
subject to the conditions offered below.
DELIBERATION
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
Adequate water and sewer infrastructure exists or will be constructed to service the Special Land
Use or activity.
The proposed site plan complies with section 2330 of the ordinance and has:
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a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the special land use permit, per section 1301 (1) of Article XIII of the Zoning
Ordinance, to allow a used car lot in a B-4, General Business zoning district at 135 Ottawa
Street, by Ernest Norwood, Ernie’s Auto & Trailer Sales, Inc., be (approved/denied/tabled),
based on (compliance/lack of compliance) with the City’s Master Land Use Plan and conditions
set forth in Section 2332 of the City of Muskegon Zoning Ordinance (based on the following
conditions--only if approved):
CONDITIONS
1. Ingress and egress to the outdoor sales area shall be a least sixty (60) feet from the
intersection of any two (2) streets.
2. 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.
3. Must adhere to the clear vision section of the Zoning Ordinance.
4. No parking shall be allowed on grassy areas of the site.
5. A revised site plan shall be submitted to and approved by the Zoning Administrator.
6. No signs may be erected without a sign permit.
7. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
8. The Special Land Use Permit document shall be recorded with the register of deeds prior
to occupying the building.
9. 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 1-8.
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Hearing; Case 2008-30: Staff initiated request to review the proposed Downtown Lakeshore
Master Plan, Williams & Works.
BACKGROUND
Williams & Works has been contracted to develop a revised Master Plan for the City of
Muskegon. Their work has been primarily focused on the downtown and lakeshore areas. The
63 day comment period has now expired, so the plan may move forward to the next step of the
approval process.
Williams & Works and the Planning Department are now submitting for public hearing and
Planning Commission recommendation of approval to the City Commission, the “Downtown and
Lakeshore Redevelopment Plan”.
PLEASE BRING YOUR DRAFT DOWNTOWN AND LAKESHORE
REDEVELOPMENT PLAN TO THE MEETING.
STAFF RECOMMENDATION
Staff recommends approval of this request.
MOTION FOR CONSIDERATION
I move that the Downtown and Lakeshore Redevelopment Plan, as presented by Williams &
Works, be recommended to the City Commission for (approval/denial).
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