Planning Commission Packet 10-16-2008

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                                                 CITY OF MUSKEGON
                                               PLANNING COMMISSION
                                                 REGULAR MEETING

DATE OF MEETING:                          Thursday, October 16, 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 September 11, 2008.


III.     PUBLIC HEARINGS

         A.         Hearing; Case 2008-27: Request to vacate the alley located in Block 318 of
                    the City of Muskegon Revised Plat of 1903, bounded by Eighth Street, Clay
                    Avenue, Ninth Street, and Western Avenue, by John Workman, Eagle Alloy Cast
                    Products.
         B.         Hearing; Case 2008-28: Request to rezone the properties located at 2320 and
                    2350 S. Getty Street from B-4, General Business District to I-2, General
                    Industrial District by Murdock Mills, Port City Architectural.

IV.      OLD BUSINESS

         A.         Hearing; Case 2008-24: Staff-initiated request to rezone multiple properties in
                    the portion of the city known as Area 8, bounded by Keating Avenue, Madison
                    Street, Holbrook Avenue, and S. Getty Street from B-4, General Business District
                    to R-1, Single Family Residential District.


V.       NEW BUSINESS

VI.      OTHER


VII.     Adjourn
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                                                       Ann Marie Becker, City Clerk
                                                           933 Terrace Street
                                                          Muskegon, MI 49440
                                                            (231) 724-6705




O:\Planning\COMMON\Zoning\Planning Commission\PC Meeting Documents\PC 2008\2008 PC staff reports\PC 10 16 08\PC 10 16 08
agenda.doc
                                          Staff Report
                                      CITY OF MUSKEGON
                                    PLANNING COMMISSION
                                      REGULAR MEETING

                                          October 16, 2008

Hearing; Case 2008-27: Request to vacate the alley located in Block 318 of the City of
Muskegon Revised Plat of 1903, bounded by Eighth Street, Clay Avenue, Ninth Street, and
Western Avenue, by John Workman, Eagle Alloy Cast Products.

BACKGROUND

A request has been submitted by John Workman, of Eagle Alloy Cast Products, to vacate this
alley that runs between the property where Eagle Alloy is located and the red railroad building to
the west. The industry’s forklift trucks use this alley quite frequently to travel to different part of
the plant and for loading and unloading purposes. Since he owns the properties on both sides of
the alley, he would like to have control of it for safety reasons. This alley appears to be used
primarily by the factory and Port City Paint, who has access to the rear of their building off this
alley. Staff is not sure if Port City Paint could access the rear gate where their dumpster is
located, if the alley is vacated (see picture below).

The Department of Public Works has a sanitary sewer located in the alley, and requires
unrestricted access for maintenance.

The Fire Department has no issues with the alley vacation.

Staff has received no comments regarding this request.
View of alley from Eighth Street.                  View of alley from Ninth Street.




                       Rear entrance to Port City Paint property.




                                       2
STAFF RECOMMENDATION
Staff recommends approval of the request.

DETERMINATION

The following motion is offered for consideration:

I move that the vacation of the alley located in Block 318 of the City of Muskegon’s Revised
Plat of 1903, bounded by Eighth Street, Clay Avenue Avenue, Ninth Street and Western Avenue,
be recommended to City Commission for (approval/denial), based on (compliance/lack of
compliance), with the City’s 1997 Master Land Use Plan, with the following conditions:

1.     All utility easements will be retained.
2.     Unrestricted access shall be provided to the Department of Public Works.



                                               3
Hearing; Case 2008-28: Request to rezone the properties located at 2320 and 2350 S. Getty
Street from B-4, General Business District to I-2, General Industrial District by Murdock Mills,
Port City Architectural.

Applicant:                           Murdock Mills, Port City Architectural

Property Address/Location:           2320 and 2350 S. Getty Street

Request:                             Rezone from B-4, General Business District to I-2, General
                                     Industrial District

Present Land Use:                    2320 S. Getty – vacant; 2350 S. Getty - industrial

Zoning:                              B-4, General Business


STAFF OBSERVATIONS
1.   The properties both face Getty Street between E. Barney and Hovey Avenues. The
     property at 2350 S. Getty is presently the home of Port City Architectural. The property
     at 2320 S. Getty has been split from it’s parent parcel on the corner of Getty and E.
     Barney and is being purchased by Port City Architectural. It contains a small vacant
     building.
2.   The applicant wishes to purchase the property at 2320 S. Getty for a future industrial
     expansion. The time table for this expansion is not known by staff, but the applicant
     would like to have the property acquired and the rezoning in place when they are ready to
     proceed with the expansion.
3    Although the property is currently zoned B-4, an industrial use was grandfather in the
     building at the time that the applicant purchased it and began operations about 2 years
     ago due to previous industrial uses in the building. They produce recreational signage for
     such uses as golf courses. Their process requires casting of metals, which would require
     the I-2 zoning designation.
4.   The minimum size for an I-2 property is one acre (43,560 sq. ft.), with 150 feet of street
     frontage. The two lots combined would have the necessary street frontage, but would be
     lacking in total square footage at 40,250 sq. ft. However, since an industrial use is
     already operating on the site, the addition of the extra property would be considered
     moving closer to conformity.
5.   The properties to the north, and south are zoned, B-4 and the property to the east is zoned
     I-2. To the west is Muskegon Heights.
6.   The Future Land Use Map shows these properties (Sub-Area 3) as commercial, however
     due to present industrial use and that no residential properties are located adjacent to the
     properties, rezoning seems to make the most sense.
7.   Staff has had no comments regarding this request.




                                                4
2320 S. Getty Street.       2350 S. Getty Street.




                        5
                                    ORDINANCE EXCERPTS

                 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 automobile or vehicle of any kind
               shall be stored in the open for a period exceeding one (1) week.


                                                 6
       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.

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
                                                 7
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.

       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
      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]




                                              9
       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.    Craft Shops [amended 5/08]

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

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

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).

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.

                                                10
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.

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

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

7.    Rear setback: 10 feet

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.

                                             11
       c.      The zero lot line side is not adjacent to a street.

       d.      A maintenance access easement is granted by the adjacent property owner and
               recorded with the County Register of Deeds and provided to the zoning
               administrator with the site plan or plot plan.
       e.      It is not adjacent to wetlands, or waterfront.

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



                ARTICLE XV - I-2 GENERAL INDUSTRIAL DISTRICTS

PREAMBLE

The I-2 General Industrial Districts are established primarily for manufacturing, assembling, and
fabrication activities including large scale or specialized industrial operations whose external
physical effects may be felt to some degree by surrounding districts. The I-2 District is so
structured as to permit, in addition to I-1 Light Industrial District uses, the manufacturing,
processing and compounding of semifinished or finished products from raw materials.

SECTION 1500: PRINCIPAL USES PERMITTED

In an I-2 General Industrial District, buildings and land may be used for one (1) or more of the
following specified uses, unless otherwise provided in this Article.

1.     Any Principal Use Permitted in the I-1 District, subject to the requirements of this
       District.

2.     Primary metal industries, including foundries, smelting and refining of metal or alloys,
       rolling and extruding plants.

3.     Chemical plants whose manufacturing process produce products which are not hazardous
       materials as defined in the Fire Code.

4.     Paper and pulp manufacturing.

5.     Power generating plants.

6.     Junk yards and scrap metal processing.

7.     Rubber manufacturing or the remanufacturing of rubber products.

8.     Uses similar to the above principal uses.
                                               12
SECTION 1501: 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 applicable conditions imposed by Ordinance or other reasonable conditions imposed
by the Planning Commission:
1.      Any use with outside storage of aggregate, sand or other soil, or raw materials used in a
        manufacturing process such as brick, tile manufacturing plants, asphalt and cement batch
        plants.

2.     Gasoline storage facilities.

3.     Bulk storage or the production of acelylene, natural gas, and oxygen or other highly
       explosive or toxic gases. The storage of such gases for use in a production process or of
       an industry, business, or health care facility shall not be considered bulk storage.

4.     Chemical plants whose manufacturing process produce products which are hazardous
       materials as defined in the Fire Code.

5.     Uses similar to the above Special Land uses.

SECTION 1502: 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-2 General
Industrial District is to allow mixed land uses, which are compatible to each other.

SECTION 1503: AREA AND BULK REQUIREMENTS [amended 4/00]

1.     Minimum lot size: 43,560 sq. feet.

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

3.     Lot width: 150 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: 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
                                               13
       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.

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

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]




                                                  14
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject property from B-4, General
Business district to I-2, General Industrial district, because the request conforms to the goals and
recommendation of the City’s 1997 Master Plan and Future Land Use Plan and zoning district
intent.

DELIBERATION

Criteria-based questions typically asked during a rezoning include:

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

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

3.     What is the impact of the amendment on the ability of the city to provide adequate
       public services and facilities and/or programs that might reasonably be required in the
       future if the petition is approved?

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

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

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

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

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

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

DETERMINATION

The following motion is offered for consideration:

                                                 15
I move that the request to rezone the properties located at 2320 and 2350 S. Getty Street from B-
4, General Business district to I-2, General Industrial 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.




                                                 16
Hearing; Case 2008-24: Staff initiated request to rezone multiple properties in the portion of
the city known as Area 8, bounded by Keating Avenue, Madison Street, Holbrook Avenue, and
S. Getty Street from B-4, General Business District to R, One Family Residential District.


BACKGROUND
This case is a continuation of the “blight fight” effort begun by the City Commission in 2002.
So far we have rezoned the areas known as Area 10, Area 10b, Area 11, Area 11b, and Area 12.
We have also eliminated the H, Heritage District, but not as a part of the blight fight program.
The current area for the blight fight effort is labeled “Area 8” and encompasses the area bounded
by Park Street to the West, Laketon Avenue to the North, the boundary with Muskegon
Township to the East, Sherman Boulevard to the South to the boundary with Muskegon Heights.
The area concerning this case is a smaller portion of Area 8 bounded by Keating Avenue,
Madison Street, Holbrook Avenue and Getty Street. There are 14 parcels within this area slated
for rezoning at this time. Letters were sent to all property owners and tenants within 300 feet of
the boundaries of these properties informing them that this rezoning is being proposed and
discussed by the Planning and City Commissions. Approximately 150 letters were sent out in
this rezoning effort.
The area in question is primarily a residential neighborhood, with the exception of along Keating
Avenue, and at the Corner of Getty and Keating. There are a few commercial properties, such as
the Printing Source, that we prefer to leave as commercial. Our intent with this request is to
bring the homes that currently are legal nonconforming uses into compliance by rezoning them
to R-1. Included in your packet are two maps, one of the current zoning for that area, and
another with the proposed rezoning.
The Future Land Use Map shows this area as residential, with the exception of the corner of
Keating and Getty, which is shown as commercial.
Since our meeting in September, staff has met with one of the property owners from
Custom Service Printers, Steve Kamp. They are located at 916 E. Keating. They own two
additional lots behind their building located at 1959 and 1962 Austin Street and also the lot
to the east of their building at 1981 Valley Street. They have requested that these lots
remain commercial in case they need to expand in the future.

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?
                                              17
4.     Does the petitioned zoning change adversely affect the environmental conditions or value
       of the surrounding property?

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

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

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

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

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


DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the properties as shown on the proposed map, from B-4,
General Business district to R, One Family Residential district, be recommended to the City
Commission for (approval/denial) pursuant to the City of Muskegon Zoning Ordinance and the
determination of (compliance/lack of compliance) with the intent of the City Master Land Use
Plan and zoning district intent.




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