Planning Commission Packet 09-11-2008

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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING

DATE OF MEETING: Thursday, September 11, 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 August 14, 2008.

III. PUBLIC HEARINGS

A. Hearing; Case 2008-22: Request to rezone the property located at 1338 S.
Getty Street from B-4, General Business District to R, One Family Residential
District, by Connie Johnson, 4028 Briarwood Lane.
B. Hearing; Case 2008-23: Staff-initiated request to rezone the property located at
1221 W. Laketon Avenue from RM-2, Medium Density Multiple Family
Residential District to R, One Family Residential District.
C. 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.
D. Hearing; Case 2008-25: Staff-initiated request to amend Section 2308, #2
(Outdoor Seating) of Article XIII, to require a minimum of 7 feet of paved area
for pedestrian circulation.

IV. NEW BUSINESS

A. Case 2008-26: Request for site plan review for an addition to the building at 376
E. Apple Avenue, by Wayne Norlin, Tower Pinkster Titus, Associates.
V. OTHER

VI. 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:

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 09 11 08\PC 09 11 08
agenda.doc
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING

September 11, 2008

Hearing; Case 2008-22: Request to rezone the property located at 1338 S. Getty Street from B-
4, General Business District to R, One Family Residential District, by Connie Johnson, 4028
Briarwood Lane.

Applicant: Connie Johnson

Property Address/Location: 1338 S. Getty Street

Request: Rezone from B-4, General Business to R, One Family
Residential

Present Land Use: Residential

Zoning: B-4, General Business

STAFF OBSERVATIONS
1. The property contains the long time family home of Connie Johnson and her late
husband, who has occupied the home since 1979. Her son would now like to purchase
the home from his mother, but has been unable to secure financing because of the
business zoning.
2. The applicant is requesting a rezoning from a B-4 General Business zone to a R, One
Family Residential zone.
3. The property itself contains only 6,200 square feet, with 50 feet of street frontage. While
this meets the minimum requirement for a residential lot, it falls short of the 10,890
square feet and 100 feet of frontage required for a lot in the B-4 zoning district.
4. The properties to the north, west and south are zoned B-4, and to the East on Kingsley
Street, the zoning is R-1.
5. In this block of Getty Street between Evanston and Catawba there are 7 homes that are
presently used as single family residences, 5 are owner occupied. There are also 4
businesses occupying commercial structures in that block.
6. The Getty Street Corridor Study, done in 2001, suggests that in this area of Getty we
should “encourage land assembly and re-use of single-family residential areas to higher
intensity uses”. At this time there are no plans that Staff is aware of for any
redevelopment to commercial uses.
7. Staff has had no comments regarding this request.
Subject home located at 1338 S. Getty Street.

Hair salon located to the north of subject. Home located to the south of subject.

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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:

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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.
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.

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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
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.

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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.

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.

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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]

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]

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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.

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
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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.

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]

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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.

ii) The business shall have a local business license and any other appropriate
licensing or registrations required by local, state or federal law.
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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

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(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 maintained in a healthy
condition. There shall be no parking or structures permitted in these yards, except

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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.

5. Cemeteries.

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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
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.
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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. Bed & Breakfast facilities, under the following conditions:

a. The home must be located in the Clay-Western or National Register Historic
District, as identified by the City of Muskegon Historic District Commission map.

b. The owner or operator of the tourist home shall live full-time on the premises.

c. No structural additions or enlargements shall be made to accommodate the tourist
home use and no exterior alterations to the structure shall be made which will
change the residential appearance of the structure.

d. Breakfast may be served on the premises, only for guests of the facility, and no
other meals shall be provided to guests.

e. No long-term rental of rooms for more than fourteen (14) consecutive days shall
be permitted. No guest may stay for more than twenty-eight (28) nights in any
given year.

f. There shall be a maximum of five (5) guestrooms. No more than two (2) adults
are permitted to stay in any guestroom.

g. Signage shall conform to that which is permitted for home occupation businesses
only.

h. Rental of the tourist home for special gatherings such as wedding receptions and
parties shall be prohibited.

i. The property shall meet all local and state code requirements regarding bed and
breakfast facilities.

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

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

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

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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:

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
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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).

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
17
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
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 property from B-4, General
Business district to R, One Family Residential 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:
18
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:

I move that the request to rezone the front portion of the property located at 1338 S. Getty Street
from B-4, General Business district, to R, 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.

19
Hearing; Case 2008-23: Staff initiated request to rezone the property located at 1221 W.
Laketon Avenue from RM-2, Medium Density Multiple Family Residential District to R, One
Family Residential District.

Applicant: Planning Staff

Property Address/Location: 1221 W. Laketon Avenue

Request: Rezone from RM-2, Medium Density Multiple Family
Residential District to R, One Family Residential District

Present Land Use: Women’s Residential Shelter

Zoning: RM-2, Medium Density Multiple Family Residential

STAFF OBSERVATIONS
1. The property is a 5.63 acre parcel that presently contains a building owned and occupied
by Every Woman’s Place.
2. This property was rezoned in September 2007 at the request of Every Woman’s Place
from R-1 to RM-2. Their plans were for a multi-bed expansion to the present facility.
However, it appears that any expansion plans have stalled, and at the request of some
City Commissioners, this rezoning request is now before you.
3. Every Woman’s Place submitted an application to Planning Commission for Site Plan
Review in September 2007, but it was tabled because the site plan was not ready, and was
then eventually withdrawn.
4. If rezoned to R-1, the agency would be able to continue in its present state as a legal non-
conforming use. Any expansion would only be allowed up to 25%, and only with the
permission of the Planning Commission.
5. The properties to the north, south and east are zoned, R-1 and the property to the west is
zoned OSC, Open Space Conservation.
6. The Future Land Use Map shows this property (Sub-Area 6) as “Public/Quasi-Public”.
The Master Plan also states: “It is the goal of the Master Plan to retain the mixed-use
character of Sub-Area 6 and to demonstrate how varying land uses may co-exist, as well
as compliment each other.”
7. Staff has had no comments regarding this request.

20
Every Woman’s Place building. Portion of property vacant to the west.

21
ORDINANCE EXCERPTS

ARTICLE VIII - RM-2 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICTS
PREAMBLE

The RM-2 Medium Density Multiple Family Residential Districts are intended to be selectively
planned at locations in the City so as to provide transition between nonresidential areas and One
and Two Family Residential Districts, and between nonresidential areas and the RM-1 Low
Density Multiple Family Residential.

SECTION 800: PRINCIPAL USES PERMITTED

In a RM-2 Medium Density Multiple Family Residential District no building shall be erected,
structurally altered, or occupied except for one (1) or more of the following specified uses,
unless otherwise provided for in this Ordinance:

1. All Principal Uses Permitted in the R One Family Residential Districts, RT Two Family
Residential Districts, and RM-1 Low Density Multiple Family Residential Districts,
subject to the applicable regulations of this District.

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

3. Adult Foster Care Large Group Homes. [amended 11/02]

4. Uses similar to the above Principal Uses Permitted.

SECTION 801: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]

1. All Section 601 and 701 Special Land Uses Permitted in the RT Two Family Residential
Districts and RM-1 Low Density Multiple Family Residential Districts, subject to the
applicable regulations of this District.

2. Adult Foster Care Congregate Facilities, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]

3. 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:
22
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.

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.

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
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
23
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.

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

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

SECTION 802: PLANNED UNIT DEVELOPMENT [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the RM-2 Medium
Density Multiple Family Residential District 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 803: AREA AND BULK REQUIREMENTS [amended 4/00]

1. Minimum lot size: 14,520 sq. feet.

2. Density (see definition in Article II): 24 dwelling units per buildable acre.

3. Dedicated open space requirement: 15%

4. Maximum lot coverage:
Buildings: 70%
Pavement: 20%

5. Lot width: 125 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).

6. Maximum building width: 50% (as a portion of the lot width).

7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.

8. Height limit: 4 stories or 60 feet.

12. Front Setbacks: [amended 1/05]
24
9.
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Street: 25 feet
Minor Street: 20 feet

10. Rear setback: 30 feet

11. Setback from the ordinary high water mark or wetland: 50 feet (principal structures
only).
12. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 feet
4-story: 16 feet and 20 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]

13. 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.

14. 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]

25
ARTICLE VII - RM-1 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS

PREAMBLE

The RM-1 Low Density Multiple Family Residential Districts are designed to provide sites for
multiple family dwelling structures, and related uses, which will generally serve as zones of
transition between the nonresidential districts and the lower density One Family and Two Family
Residential Districts, and MHP Mobile Home Park Districts.

SECTION 700: PRINCIPAL USES PERMITTED

In an RM-1 Low Density Multiple Family Residential District no building or land shall be used
and no building shall be erected, structurally altered, or occupied except for one (1) or more of
the following specified uses, unless otherwise provided for in this Ordinance:

1. All Principal Uses Permitted in the R One Family and RT Two Family Residential
Districts with the lot area, yard, and floor area requirements for one (1) and two (2)
family dwellings equal to at least the requirements of the immediately abutting residential
district.

2. Multiple dwellings and row houses for any number of families.

3. Accredited fraternity and sorority houses when located not less than twenty (20) feet
from any other lot in any residential district.

4. Bed & Breakfast facilities, under the following conditions: [amended 7/03]

a. The owner or operator of the tourist home shall live full-time on the premises.

b. No structural additions or enlargements shall be made to accommodate the tourist
home use and no exterior alterations to the structure shall be made which will
change the residential appearance of the structure.

c. Breakfast may be served on the premises, only for guests of the facility, and no
other meals shall be provided to guests.

d. No long-term rental of rooms for more than fourteen (14) consecutive days shall
be permitted. No guest may stay for more than twenty-eight (28) nights in any
given year.

e. There shall be a maximum of five (5) guestrooms. No more than two (2) adults
are permitted to stay in any guestroom.

f. Signage shall conform to that which is permitted for home occupation businesses
only.
g. Rental of the tourist home for special gatherings such as wedding receptions and
parties shall be prohibited.

26
h. The property shall meet all local and state code requirements regarding bed and
breakfast facilities.

5. Rooming houses with a capacity of not more than three (3) roomers.

6. Churches and other facilities normally incidental hereto 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.

7. 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.

ii) The business shall have a local business license and any other appropriate
licensing or registrations required by local, state or federal law.

27
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

(2) A service or manufacturing process which would normally require industrial
zoning
(3) A commercial food service requiring a license

(4) A limousine service

28
(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.

8. Foster Care Small Group Homes. [amended 11/02]

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

10. Uses similar to the above Principal Permitted Uses.

SECTION 701: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]

1. Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants,
real estate appraisers, or other professional persons; real estate, insurance, credit service
(other than loan) offices and similar businesses supplying services instead of products
when determined by the Planning Commission upon application to it, to be consistent
with the nature and condition of neighboring uses and structures.

2. Buildings to be used exclusively to house the offices of civic, religious or charitable
organizations, the activities of which are conducted by mail, and which are not displaying
or handling merchandise or rendering service on the premises.

3. Schools and colleges not involving the use of mechanical equipment except such as is
customarily found in dwellings or professional offices provided that any such building
shall be located not less than thirty (30) feet from any other lot in any residential district.

4. Adult Foster Care Large Group Homes, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]

5. 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
29
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.

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.

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
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
30
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.

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

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

SECTION 702: PLANNED UNIT DEVELOPMENT [amended 10/98]

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Development in the RM-1 Low Density
Multiple Family Residential District 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 703: AREA AND BULK REQUIREMENTS [amended 4/00]

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

2. Density (see definition in Article II): 16 dwelling units per buildable acre.

3. Dedicated open space requirement: 15 %

4. Maximum lot coverage:
Buildings: 60 %
Pavement: 20 %

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

6. Maximum building width: 50% (as a portion of the lot width).

7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.

8. Height limit: 3 stories or 50 feet.

9. Front Setbacks: [amended 1/05]
Minimum:
31
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
Minor Street: 20 feet

10. Rear setback: 30 feet
11. Setback from the ordinary high water mark or wetland: 50 feet (principal structures
only).

12. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet
3-story: 12 feet and 16 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]

13. 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 property from RM-2, Medium
Density Multiple Family district to R, One Family Residential 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:
32
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?

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”?

DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the property located at 1221 W. Laketon Avenue from RM-2,
Medium Density Multiple Family Residential district to R, One Family Residenital 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.

33
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.

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:

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

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.

35
Hearing; Case 2008-25: Staff initiated request to amend Section 2308, #2 (Outdoor Seating) of
Article XIII, to require a minimum of 7 feet of paved area for pedestrian circulation.

BACKGROUND

In February 2007 the Outdoor Seating language was adopted and became part of the Zoning
Ordinance. Recently a request for a staff approved site plan for outdoor seating was submitted
for the former National City building on Western Avenue. Upon discussion with other City staff
and the new restaurant developer, it was brought to my attention that the 3 feet allowance for
sidewalk along the curb was not sufficient for ADA standards.

On the advice of the City Engineer and the Affirmative Action Director, who is also the City’s
liaison for ADA issues, we believe that even though 5 feet would be adequate width to
accommodate signage, light poles, along with pedestrians, that 7 feet would be a better buffer for
accessibility. This would allow adequate space for people and wheelchairs, walkers, etc. to pass
one another.

NEW LANGUAGE
Deletions are crossed out and additions are in bold:

Amendment to Article XXIII, Section 2308, #2: Outdoor Seating

2. Pedestrian circulation and access to the building entrance shall not be impaired.
A minimum of three (3) seven (7) feet of sidewalk paved area along the curb and
leading to the entrance to the establishment must be maintained free of tables,
chairs, and other encumbrances.

DELIBERATION

I move that the amendment to Section 2308, #2, of Article XXIII, Outdoor Seating, of the City of
Muskegon Zoning Ordinance to require a minimum of 7 feet of paved area for pedestrian
circulation along the curb, be recommended to the City Commission for (approval/denial).

36
Case 2008-26: Request for site plan review for an addition to the building at 376 E. Apple
Avenue, by Wayne Norlin, Tower Pinkster Titus, Associates.

Applicant: Wayne Norlin, Tower Pinkster Titus, Assoc.

Property Address/Location: 376 E. Apple Avenue

Request: Site Plan Review for Building Expansion

Present Land Use: Muskegon County Community Mental Health

Zoning: B-2, Convenience and Comparison Business

STAFF OBSERVATIONS

1. The subject property is the site of the John Halmond Community Mental Health Building.
A large addition of 37,361 square feet is proposed to the present 21,573 square foot
building.
2. Muskegon County recently applied for a received approval of the vacation of Emerald
Street between Allen and Apple Avenues.
3. The building addition will be constructed to blend with the current one-story building and
will have a common front entrance.
4. The parking spaces fall between the minimum and maximum allowed for the combined
new building.
6. The Planning Department requires the following amendments be made to the site plan as
a condition of approval:
a. The property address and address need to be added to the site plan.
b. The zoning of abutting properties needs to be added.
c. If new outdoor lighting is to be added, indicate location, pole height, and that the
fixtures will be 100% cut-off type.
d. Indicate dimensions of proposed addition, including height.
e. Show topography elevations at 5-foot intervals.
f. Include arrows showing direction of existing overland flow of stormwater runoff.
g. Indicate soil erosion and sedimentation control measures.
h. Show snow storage areas, or if snow is to be removed from the site, so indicate.
i. The landscape plan shows no evergreen/understory trees. The zoning ordinance
requires 2 for each 30 liner feet of street frontage.
j. Any new signage would require a sign permit.
7. The Fire Department has the following conditions of approval:
a. Please resubmit with location of all existing fire hydrants.
b. Fire flow testing shall be conducted for water supply requirements.
c. Post indicating valve shall be installed for fire suppression control valve.
d. Fire lane shall have signage.

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e. Fire hydrants location shall comply with International Fire Code 2003 Edition,
Appendix C.
8. The Department of Public Works has no outstanding issues with this site plan.
9. The Engineering Department has met with the project engineers and has had their
concerns addressed. Corrections need to be added to the revised site plan.
10 Staff has received no comments regarding this request.

Current John Halmond Center. Vacant property for expansion.

Standards for Site Plan approval:

Prior to approving a site plan, the City shall require that the following standards be
satisfied:

a. Schedule of Regulations: The site plan shall comply with the requirements for height, lot
size, yard space, density and all other requirements as set forth in the district regulations.

b. Other codes and standards: To the extent necessarily shown in the site plan, it shall
comply with other applicable City codes and standards.

c. Compatibility with surrounding land use and development: All elements shall be located,
designed and organized in relation to topography, the size and configuration of the parcel,
the character of adjoining property and the type and size of the buildings. The site shall
be developed so as not to impede the normal and orderly development or improvements
of surrounding property for uses permitted in this Zoning Ordinance.

d. Preservation of natural features: The landscape shall be preserved in its natural state,
insofar as practical, by removing only those areas of vegetation or making those
alterations to the topography which are reasonably necessary to develop the site.

e. Landscaping: Landscape buffers and greenbelts shall be provided and designed in
accordance with the provisions of this Ordinance. Fences, walks, barriers and

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landscaping shall be used, as appropriate, for the protection and enhancement of the
property and for the privacy of occupants and neighbors.

f. Stormwater management: Drainage design shall recognize existing natural drainage
patterns. Stormwater removal shall not adversely affect neighboring properties or the
public storm drainage system. Provisions shall be made to accommodate stormwater on-
site, using sound engineering practices.

g. Soil erosion control: Appropriate measures shall be taken to ensure compliance with
state and local soil and sedimentation control regulations.

h. Wetlands Protection: The natural retention or storage capacity of any wetland, water
body, or water course will not be substantially reduced or altered in a way which could
increase flooding or water pollution at the site or other locations.

i. Emergency Access: All site improvements and structures shall be arranged so as to
permit necessary emergency vehicle access and to comply with the locally adopted fire
code.

j. Public streets and private roads: All uses must have access to a public street or a private
road. All streets and curb cuts shall be developed in accordance with City specifications,
the Michigan Department of Transportation, and/or private road regulations of the City,
whichever applies.

k. Access Management: Streets and drives on a site shall be of a width appropriate to the
traffic volume they will carry and shall have adequate paved areas for vehicles. Traffic
mitigation techniques such as on-site parallel access lanes, rear access lanes, deceleration
lanes and traffic calming measures may be required. Shared curb cuts and access ways
may also be required.

l. Site Circulation and Parking: Parking areas shall meet the requirements of this
ordinance. All parking spaces and circulation patterns shall be marked. Curb stops or
curbing may be required to prevent encroachment on required setbacks and screening.
Provisions for on-site maneuvering of vehicles shall be made so as to discourage backing
and movements of trucks on abutting public streets. On site traffic control signs shall be
visible and understandable.

m. Pedestrian safety: The on-site pedestrian circulation system shall be separated as
completely and reasonably as possible from the vehicular circulation system. In order to
ensure public safety, special pedestrian measures such as sidewalks, crosswalks, and
other such facilities may be required for the development. The site circulation shall be
connected to existing or planned streets and pedestrian or bicycle pathways in the area as
appropriate.

n. Site amenities: The site plan shall provide outdoor common areas and associated
amenities for employees, customers and/or residents which may include public trash
receptacles, bike racks, seating areas, recreation areas, shade trees, bus stop turn-outs, and
similar facilities where appropriate.
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o. Utility Service: The development must be adequately served by necessary public
services and shall not impose an undue burden on public services and infrastructure. All
utilities for new construction shall be placed underground. Any installations which must
remain above ground shall be compatible with those on adjacent properties.

p. Lighting: Exterior lighting shall be arranged so it is deflected away from adjacent
properties and so it does not impede the vision of traffic along adjacent streets. Flashing
or intermittent lights shall not be permitted. Design of lighting fixtures shall be
compatible with those on adjacent properties. Light poles and fixtures shall be no higher
than twenty-five (25) feet.

q. Signs: The size, location, and lighting of all permanent signs shall be consistent with the
requirements of this Ordinance.

r. Accessibility: All sites shall be designed to comply with barrier-free requirements.

s. State and Federal Mandates: The site plan shall demonstrate compliance with any state
or federal statute, regulation or ruling, whether general or site specific, which is
applicable to the property. This shall include without limitation any legally enforceable
restrictions on development or improvements which have been communicated or required
by a state or federal agency. It shall include, without limitation, requirements of laws,
regulations, rulings or agency requirements concerning environmental protection, waste
management, floodplains, soil and sedimentation, protection of ground or surface water
resources, soil conditions, and the presence of hazardous materials in or contamination of
soils, air and water pollution matters and provisions which are designed for or reasonably
related to the protection of the public health, safety or welfare. The applicant shall
demonstrate that all said statutes, regulations, rulings, or requirements have been satisfied
by its site plan and that there are no state or federal agencies which have required, or are
in the process of requiring, any additional action, restriction or compliance. In the event
a property is the subject of any governmental regulatory action or requirement, or without
limitation, the property is located in the "facility" as defined by state or federal law, the
state or federal agency responsible for the applicable regulation shall be notified in
writing of the filing of the site plan and any hearing regarding the application for
approval.

RECOMMENDATION

Staff recommends approval of the request for site plan approval for expansion of the John
Halmond building for Community Mental Health at 376 E. Apple Avenue, subject to the
conditions listed below.

DETERMINATION

The following motion is offered for consideration:

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I move that the site plan for the expansion of the John Halmond building, located at 376 E. Apple
Avenue for Wayne Norlin, Tower Pinkster Titus, Associates, be (approved/denied/tabled), based
on the following findings and conditions (if approved):

1. All requirements addressed in item #6 of the staff report shall be provided as needed on a
revised site plan prior to issuance of a building permit.
2. All issues listed by the Fire Department in #7 of the staff report must be addressed.

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