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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, June 12, 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 May 15, 2008.
III. PUBLIC HEARINGS
A. Hearing; Case 2008-14: Request to vacate the Emerald Street, between Apple
and Allen Avenues, by Jack Niemiec, County of Muskegon.
B. Hearing; Case 2008-15: Request to rezone the property at 552 W. Southern
Avenue from B-2, Convenience and Comparison Business District, to I-1, Light
Industrial District, by Jim Perreault, Spec Abrasives.
C. Hearing; Case 2008-16: Request for a Special Land Use Permit, per Section
1301 (#1) of Article XIII (B-4, General Business Districts) of the Zoning
Ordinance to allow a used car lot in a B-4 district at 678 W. Laketon Avenue by
Jan Witt, Witt Buick.
IV. NEW BUSINESS
V. OTHER
A. Car lots in violation of their special land use permits
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
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
June 12, 2008
Hearing; Case 2008-14: Request to vacate the Emerald Street, between Apple and Allen
Avenues, by Jack Niemiec, County of Muskegon.
BACKGROUND
Muskegon County owns and operates the John Halmond Center, which houses Community
Mental Health located at 318 E. Apple Avenue. They have recently purchased a large parcel of
land located to the east, across Emerald Street with the intention of expanding their facility. In
order for the expansion to take place, the County requests that the portion of Emerald Street
between Allen and Apple Avenues be vacated.
The Fire Department has no issues with this street vacation request. The Engineering
Department and Department of Public Works, however, have some comments and requirements.
The City has a six inch water main located in Emerald Street that would need to be abandoned or
it could be used by the County as a service from either end of the property. There is also a
section of sanitary sewer in Emerald that extends off Allen to the south. It should also be
abandoned prior to development, or it could be used by the County All costs associated with
abandonment or re-use will be the responsibility of the County.
Emerald Street from across Apple Avenue. Emerald Street from Allen Street.
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John Halmond Center as seen from across Apple Avenue.
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STAFF RECOMMENDATION
Staff recommends approval of the request.
DELIBERATION
I move that the vacation of Emerald Street from Allen Avenue to Apple 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. Those sections of the water main and sanitary sewer line located in Emerald Street be
either abandoned or re-used, at the expense of Muskegon County.
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Hearing; Case 2008-15: Request to rezone the property at 552 W. Southern Avenue from B-2,
Convenience and Comparison Business District, to I-1, Light Industrial District, by Jim
Perreault, Spec Abrasives.
Applicant: Jim Perreault, Spec Abrasives
Property Address/Location: 552 W. Southern Avenue
Request: Rezoning from B-2, Convenience and Comparison
Business to I-1, Light Industrial
Present Land Use: Warehouse
Zoning: B-2, Convenience and Comparison Business
STAFF OBSERVATIONS
1. The site is a large parcel that presently is owned by Brad Lange, who has used most of
the building for storage since it was built. The front portion is being used by Schmidt
Roofing Company.
2. The applicant is requesting a rezoning from a B-2, Convenience and Comparison
Business zone, to I-1, General Industrial zone.
3. The applicant wishes to purchase the property and expand a portion of his business from
across the street at 543 W. Southern. The company currently performs part refinishing,
as well as building and repair of machinery. They would like to move their machinery
business to the subject property. They currently employ 16 people, up from 4 employees
when they bought the company.
4. The property currently is zoned I-1, and is long and narrow in configuration with no
possible way to add additional floor space to their current building.
5. The property to the north and east is zoned R-1, One Family Residential. The property to
the west is zoned OSR, Open Space Recreation, and is the site of Clara Shepherd Park.
The property to the south is zoned I-1.
6. The Future Land Use Map shows this area as “Industrial”. The industrial uses allowed in
this zone “meet a higher standard of restrictions than those imposed in the I-2 zoning
district”, with heavier uses only allowed through special land use permit, or in an I-2,
General Industrial zones. For example, casting of metal parts can only be done as an
incidental use to the allowed machine shop or metal finishing process.
7. While staff has some concerns regarding an industrial use so close to residential
properties, the applicant would also be purchasing the residential lots facing Eighth Street
and on the corner of Eighth and Southern Avenue on the east side. These lots would
remain zoned “R”, One Family Residential. The loading docks for the building are
located on the Southern Avenue side of the building and facing W. Grand Avenue, across
from Nelson School’s parking lot, closest to Clara Shepherd Park, so truck traffic should
not disturb the neighborhood.
8. Kathy Hulbert, 465 W. Southern Avenue called to say she was in favor of the request.
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Rear of property as seen from Grand Avenue. Front of the building as seen from Southern.
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ORDINANCE EXCERPTS
ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS
PREAMBLE
The B-2 Convenience and Comparison Business Districts are designed for the convenience and
community shopping needs of residents in the Muskegon Area, and they are intended to be
located in planned groups near the intersection of major thoroughfares. All business
establishments shall be retail or service establishments dealing directly with consumers, and all
goods produced on the premises shall be sold at retail on the premises where produced. All
business, servicing or processing, except off-street parking or loading, shall be conducted within
a completely enclosed building, unless otherwise provided by this Ordinance and specifically
approved by the City.
SECTION 1100: PRINCIPAL USES PERMITTED
In a B-2 Convenience and Comparison Business District no building or land shall be used and no
building shall be erected, structurally altered, or occupied except for one (1) or more of the
following specified uses, unless otherwise provided for in this Ordinance:
1. Any generally recognized retail business which supplies commodities such as: groceries,
meats, dairy products, baked goods or other foods, drugs, drygoods, and notions or
hardware.
2. Personal service establishments such as: shoe repair, dry cleaning shops, tailor shops,
beauty parlors, barber shops, banks and savings and loan offices, pharmacist and
laboratories, or any service establishment of an office-showroom or workshop nature of
an electrician, decorator, dressmaker, tailor, shoemaker, baker, printer, upholsterer,
appliance repair, photographic reproduction, and similar establishments that require a
retail character no more objectionable than the aforementioned.
3. Restaurants, or other places serving food.
4. Professional offices of doctors, lawyers, dentists, chiropractors, architects, engineers,
accountants, and similar or allied professions. Offices may be permitted for similar or
allied professions. Offices may be permitted for applied technology, light technological
research, research and development facilities with laboratories, but no industrially
oriented production facilities shall be permitted.
5. Office buildings for any of the following types of occupations: executive, administrative
and professional.
6. Post offices and other governmental office buildings.
7. Newspaper offices and printing offices.
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8. Private clubs, lodge halls, social, and similar organizations, including assembly or rental
halls.
9. Contractor’s offices, with associated indoor storage. [amended 6/02]
a. All associated storage must be contained within a structure, and such structure
dedicated to storage shall not exceed five thousand (5,000) square feet in size.
b. No toxic, hazardous or noxious materials shall be stored on the site.
10. Recording studios. [amended 8/02]
11. Residential uses as part of a building in this business zone shall be allowed upon issuance
of a Certificate of Occupancy from the Department of Inspections, but provided that the
minimum lot area requirements of the RM-2 District are met.
12. Accessory buildings and accessory uses customarily incidental to the above Principal
Uses Permitted.
13. Uses similar to the above Principal Uses Permitted.
SECTION 1101: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when no external changes are made to the buildings or properties.
1. Automobile service stations for the sale of gasoline, oil, tires, muffler tune up, not
including major repair such as engine rebuilding, undercoating, and similar industrially
oriented activities, and subject further to the following:
a. The curb cuts for ingress and egress to a service station shall not be permitted at
such locations that will tend to create traffic hazards in the streets immediately
adjacent thereto. Entrances shall be no less than twenty-five (25) feet from a
street intersection (measured from the roadway) or from adjacent residential
property, and subject to other ordinances of the City.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
that ample space is available for motor vehicles which are required to wait.
c. There shall be provided, on those sides abutting or adjacent to a residential
district, a four foot (4') completely obscuring wall or fence. The height of the
wall or fence shall be measured from the surface of the ground.
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d. All lighting shall be shielded from adjacent residential districts and from abutting
streets.
e. All rest rooms doors shall be shielded from adjoining residential property.
2. Banks with drive-in facilities, when said drive-in facilities are incidental to the principal
function.
3. Business in the character of a drive-in restaurant, or open front store, subject to the
following:
a. A setback of at least sixty (60) feet shall be provided from the street right-of-way
line of any existing or proposed major thoroughfare.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets
4. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of buildings that exceeds the maximum
height allowed.
5. Hotels, motels, sleeping inns and other facilities normally incidental thereto subject to the
following conditions:
a. The maximum length of stay at the facility shall not be greater than fourteen (14)
consecutive days.
b. Kitchen facilities may be allowed for some or all of the guest units, at the
discretion of the Planning Commission, provided that not more than fifty percent
(50%) of the units have such facilities.
c. The minimum floor area of each guest unit shall contain not less than two-
hundred (200) square feet. Each guest unit shall contain a private rest room.
d. The minimum lot area shall be one-half (1/2) acre with a minimum width of
seventy-five (75) feet. For any new development containing less than one (1) acre
there shall be at least sixteen hundred (1600) square feet of lot for each guest
rental unit. In no case is a development to exceed 24 total units.
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e. Parking shall be provided on-site.
f. The Planning Commission may require a common open space area of one
hundred (100) square feet per unit with tables and seating. This area may be
located in the required setback.
6. Stores selling second hand merchandise, subject to the following: [amended 12/01]
a. The site shall be located within or adjacent to an established, identifiable
commercial corridor.
b. The store will be associated with a bona fied charitable organization, such as but
not limited to 501(c)3 organizations.
7. Business schools, or private schools operated for profit. Examples of private schools
permitted herein include, but are not limited to, the following: dance schools, music and
voice schools, and art studios: [amended 5/02]
c. Parking is required to be provided on the same site as the building. Shared
parking will be allowed, if it is irrevocable, and if it will not consume any parking
needed for a separate use.
8. Contractor’s offices, with associated indoor storage of over five thousand (5,000) square
feet in size. [amended 6/02]
a. All associated storage must be contained within a structure.
b. No toxic, hazardous or noxious materials shall be stored on the site.
9. Live music concert halls, under the following conditions: [amended 8/02]
c. 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.
d. The business will not be permitted to serve alcohol at any time to any person.
e. 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.
f. 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.
g. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
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h. Security lighting will be provided for the site.
10. Self-serve, coin operated, automobile car wash, enclosed in a building.
11. Indoor Theaters [amended 5/04]
i. Parking must be either on site or with an irrevocable shared parking agreement.
12. Veterinary clinics, without outdoor kennels. [amended 6/05]
13. Antique Shops. [amended 10/05]
14. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.
15. Uses similar to the above Special Land Uses Permitted.
SECTION 1102: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the B-2 Convenience
and Comparison Business Districts is to allow mixed land uses which are compatible to each
other, while prohibiting nonresidential uses which would not be compatible or harmonious with
residential dwellings.
SECTION 1103: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 10,890 sq. feet.
2. Maximum lot coverage:
Buildings: 70 %
Pavement: 25 %
3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
5. Height Limit:
Maximum height: 2 stories or 35 feet
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the following street
corridors:
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Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Avenue 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.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
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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 XIV - I-1 LIGHT INDUSTRIAL DISTRICTS
PREAMBLE
The I-1 Light Industrial Districts are designed so as to permit wholesale, warehousing, and
manufacturing facilities whose external, physical effects have a minimum detrimental effect on
the adjacent districts. It is the intent of this article to permit, in addition to specific uses
enumerated, the manufacturing, compounding, processing, packaging, assembly, and/or
treatment of finished or semifinished products from previously prepared material. The uses
permitted are those which meet a higher standard of restrictions than those imposed in the I-2
Zoning District, and shall be of a type other than those which produce hazardous material as
defined in the Fire Code.
SECTION 1400: PRINCIPAL USES PERMITTED
All principal uses of land and buildings which are erected or structurally altered or occupied
shall be those specified in this article:
1. The manufacture, compounding, processing of food, and pharmaceuticals.
2. The manufacture, compounding, or assembly of products from previously prepared
materials, including but not limited to fabrics, glass, leather, paper, metal, or plastics.
3. Machine shops and metal finishing shops, including the incidental of casting of metal
products and alloying of furnace ready non-ferrous metals which are free of paint, oils or
other organic substances.
4. Crematories.
5. Retail uses which have an industrial character in terms of either their outdoor storage
requirements or activities such as: lumber yards or motor vehicle, boat, or implement
sales.
6. Storage yards.
7. Warehousing of materials not highly hazardous as defined in the Fire Code.
8. Veterinary clinics and outdoor kennels.
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9. Lumber and planing mills.
10. Municipal buildings, public service buildings, auto equipment repair shops doing major
repair.
11. Accessory buildings and uses customarily incidental to the above Principal Uses
Permitted.
12. Uses similar to the above.
SECTION 1401: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as a
special land use if it is found to meet the standards outlined in Section 2332 of this Ordinance,
subject to the applicable conditions imposed by Ordinance and other reasonable conditions
imposed by the Planning Commission:
1. Railway or truck freight terminals located more than two hundred (200) feet from any
residential district.
2. Freestanding commercial radio, television, and similar transmission towers greater than
175 feet and their attendant facilities.
3. Paint manufacturing.
4. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.
5. Prisons and other similar correctional facilities.
6. Adult bookstores, adult indoor and outdoor motion picture theaters, and cabarets.
Recognizing that because of their nature some uses have objectionable operational
characteristics, especially when concentrated in small areas and recognizing that such
uses may have a harmful effect on adjacent areas, special regulation of these uses is
necessary to insure that these adverse effects will not contribute to the blighting or
downgrading of the surrounding neighborhood. These special regulations are as follows:
a. No such uses may be permitted in the I-1 Districts within one thousand (1,000)
feet if any residential district measured from the lot line of the location of the
proposed use.
b. The Planning Commission may waive this location provision if the following
findings are made:
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i. That the proposed use will not be contrary to the public interest or
injurious to nearby properties and that the spirit and intent of this
Ordinance will be observed.
ii. That the character of the area shall be maintained.
iii. That all applicable regulations of this Ordinance will be observed.
iv. That no other adult bookstore, adult motion picture theater, or cabaret is
located within two thousand (2,000) feet of the proposed location.
c. Anything herein to the contrary notwithstanding, the Planning Commission shall
not consider the waiver of the locational requirements as hereinabove set forth
until a petition shall have been filed with the City Clerk and verified as to
sufficiency. Such petition shall indicate approval of the proposed regulated use
by fifty-one (51) percent or more of the persons owning property within a radius
of one thousand (1,000) feet of the location of the proposed use as measured from
the lot line. The petitioner, or his agent, shall attempt to contact all eligible
property owners within this radius and must maintain a list of all addresses at
which no contact was made.
d. The petition hereafter required shall contain an affidavit signed by the party
circulating such petition attesting to the fact that the petition was circulated by
him and that the circulator personally witnessed the signatures on the petition and
that the same were affixed to the petition by the person whose name appeared
thereon, and that the circulator truly believes that the signers of such petition are
persons owning property within one thousand (1,000) feet of the premises
mentioned in said petition. Such petition shall also comply with other rules and
regulations as may be promulgated by the City Commission.
7. Uses similar to the above Special Land Uses Permitted.
SECTION 1402: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the I-1 Light Industrial
Districts is to allow mixed land uses, which are compatible to each other, while prohibiting uses
which would not be compatible or harmonious with other uses permitted in the I-1 District.
SECTION 1403: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 21,780 sq. feet.
2. Maximum lot coverage:
Buildings: 85 %
Pavement: 25 %
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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: 3 stories or 50 feet
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
9. Side setbacks:
1-story: 10 feet and 20 feet
2-story: 15 feet and 25 feet
3-story: 20 feet and 30 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
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e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
SECTION 1404: BUSINESS CONDUCT LIMITATION
1. All uses permitted under Section 1400 and 1401 shall be subject to all environmental
limitations imposed by this Section, other ordinances, statutes and governmental
regulations.
2. Casting of metal parts in shops other than foundries shall be limited so that not more than
twenty-five percent (25%) of the aggregate floor area may be used for the casting
process.
3. Crematories shall be located not less than two hundred (200) feet from a residential
district.
4. Storage yards shall be screened from any adjacent street or non-industrial district by an
obscuring fence. This shall not require that parking lots of motor vehicles, boats, or
implement sales be screened.
5. No property line of a lumber or planing mill shall be contiguous to the exterior boundary
of a Residential District.
6. Uses permitted in the I-1 District shall be those whose finished products are non-
hazardous as defined in the Fire Code.
7. Stamping machines, presses, and shears shall be dampened so as not to produce noises
and vibrations which conflict with the preamble of this Article.
8. Animals kept for slaughter shall be only that number which will be processed in one day.
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject property from B-2, Convenience
and Comparison Business district to I-1, Light 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:
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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 property located at 552 W. Southern Avenue from B-2,
Convenience and Comparison Business district to I-1, Light 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.
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Hearing; Case 2008-16: Request for a Special Land Use Permit, per Section 1301 (#1) of
Article XIII (B-4, General Business Districts) of the Zoning Ordinance to allow a used car lot in
a B-4 district at 678 W. Laketon Avenue by Jan Witt, Witt Buick.
Applicant: Jan Witt, Witt Buick
Property Address/Location: 678 W. Laketon Avenue
Request: Special Land Use Permit for used car lot
Present Land Use: Commercial
Zoning: B-4, General Business
STAFF OBSERVATIONS
1. The property owner, Ed Winicki, had obtained a special land use permit in 2003 for this
property. However, he has never complied with the approved site plan, which showed a
maximum display area of only ten cars, located along Laketon Avenue only. The reason
for this restriction was that there were two other businesses operating in buildings on the
site and a certain number of parking spaces were required for each of these businesses.
2. Since there was this previous special land use permit in place, there was some confusion
on the part of the property owner requiring him to inform the Zoning Administrator of his
intention to transfer the permit to a new applicant. Also, since the site plan needed
revisions, it was decided to return this case to Planning Commission or approval.
3. The applicant wishes to use more of the property as a display area. The property owner
has agreed to provide the Zoning Administrator with a letter stating that he will not use or
lease the other buildings for additional commercial uses on the site, however he has also
stated that he has an insurance agent that wishes to rent the small building to the rear. If
this occurs, there is ample parking for that building, but not for the larger building along
Laketon.
4. The property is zoned B-4, General Business, as are the properties to the south and west.
The properties to the north are zoned R-1, One Family Residential, and to the east, across
Seaway Drive, the zoning is I-2, General Industrial (former Brunswick facility).
5. Conditions of approval for sales space for new and used automobiles are as follows:
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.
6. The plans for the outdoor sales area meet requirement “a”.
7. The Planning Department has the following conditions of approval:
a. The property owner shall submit a signed document stating that the other
building(s) will not be used or leased for other commercial uses.
b. The area to the east, next to the sales office, must be paved if parking is to take
place in that location
c. The submitted site plan meets Planning Commission and staff approval for
parking.
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8. The Engineering Department, DPW and Fire Departments did not have time to review
and return the site plan to staff before this staff report went out. Staff will bring
comments to the Planning Commission meeting.
9. Staff has received no comments regarding this case.
View of property from across Laketon Avenue. View of property from Seaway Drive.
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ORDINANCE EXCERPTS
SECTION 1301: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when there is no change to buildings or existing facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and
recreational vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets.
b. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 or I-2 Industrial Districts.
2. Flea markets and auctions.
3. Business in the character of a drive-in restaurant or open front store, subject to the
following:
a. A setback of at least sixty (60) feet from the street right-of-way line of any
existing or proposed major thoroughfare shall be maintained.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and other
outdoor recreation activities subject to the following: [amended 2/02]
a. Amusement parks or amusement facilities must be fenced on all sides with a four
foot six inch (4'-6") high wall or fence.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major
thoroughfares and shall not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-street
waiting space. No vehicle shall be permitted to wait or stand within a dedicated
road right-of way.
6. Private clubs, lodges, social and similar facilities.
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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.
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.
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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. Accessory uses and accessory buildings customarily incidental to the above Special Land
Uses Permitted.
13. Uses similar to the above Special Land Uses Permitted.
14. Non-accessory signs provided that the signs conform to Section 2308 (1) (f) of this code.
RECOMMENDATION
Staff recommends approval of the request.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
1. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
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2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
4. The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the request for Special Land Use Permit, per section 1301 (#1) of Article XIII of the
Zoning Ordinance, to allow for a used car lot in a B-4 zoning district at 678 W. Laketon Avenue,
by Jan Witt, Witt Buick, be (approved/denied/tabled, based on compliance/lack of compliance
with the City’s Master Land Use Plan and conditions set forth in Section 2332 of the City of
Muskegon Zoning Ordinance (based on the following conditions—only if approved):
1. All requirements of the Planning Department listed in #7 of the staff report be met.
2. Any conditions of the Engineering or Fire Department and the Department of Public
Works be met.
3. The owner/applicant shall permit the zoning administrator or other zoning staff in the
premises at reasonable times to review compliance with this permit.
4. The Special Land Use Permit affidavit shall be recorded with the register of deeds prior
to occupying the building.
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