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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, March 13, 2008
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Approval of minutes of the regular meeting of February 14, 2008.
III. PUBLIC HEARINGS
A. Hearing; Case 2008-05: Request for a Special Land Use Permit, per section
1301 (#1) of Article XIII of the Zoning Ordinance to allow for a car dealership at
2410 and 2474 Henry Street, by Ronald A. Bultje and Todd Anthes, Scholten
Fant.
IV. NEW BUSINESS
A. Case 2008-06: Request for site plan review for a new medical office building at
1300 Mercy Drive, by Evert Timothy Vande Zande, The Architectural Group,
Inc.
V. OTHER
VI. Adjourn
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Muskegon, MI 49440
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
March 13, 2008
Hearing; Case 2008-05: Request for a Special Land Use Permit, per section 1301 (#1) of
Article XIII of the Zoning Ordinance to allow for a car dealership at 2410 and 2474 Henry
Street, by Ronald A. Bultje and Todd Anthes, Scolten Fant.
Applicant: Ronald Bultje & Todd Anthes, Scolten Fant
Property Address/Location: 2410 & 2474 Henry Street
Request: Special Land Use Permit
Present Land Use: Car Dealership
Zoning: B-4, General Business
STAFF OBSERVATIONS
1. The property at 2410 Henry is the former Doo Drop Inn site, and 2474 Henry is the
present Betten Chevy dealership site. The two properties together encompass 9.03 acres.
2. Even thought there is presently a car dealership on one of these properties, there is no
record of a special land use permit. Therefore, as the dealership is expanding not only
onto another property, but also the size of their building, it is time to bring everything
into compliance.
3. The property is zoned B-4, General Business. The properties to the south and west are
also zoned B-4. Properties to the north are zoned I-1, Light Industrial, and to the east is
Seaway Drive and Muskegon Heights.
4. The request is to allow for a full service car dealership on the entire parcel.
5. The site plan for the property was approved, with conditions, by Planning Commission
on October 11, 2007. All of the conditions have not yet been approved and submitted on
a revised site plan, but they remain effect. For the sake of this request, we will be using
the enclosed site plan. However, there has been a minor change proposed to the main
building footprint that Staff is working on with the applicant to move toward final
approval.
6. The site and buildings meet the necessary requirements for a special land use permit in a
B-4 zoning district, those being:
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.
7. There were no comments received regarding this request.
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Front view of current building from Henry St. North side of property and Doo Drop building.
Rear of building on the south side. Rear of building on the north side.
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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.
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3. Business in the character of a drive-in restaurant or open front store, subject to the
following:
a. A setback of at least sixty (60) feet from the street right-of-way line of any
existing or proposed major thoroughfare shall be maintained.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and other
outdoor recreation activities subject to the following: [amended 2/02]
a. Amusement parks or amusement facilities must be fenced on all sides with a four
foot six inch (4'-6") high wall or fence.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major
thoroughfares and shall not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-street
waiting space. No vehicle shall be permitted to wait or stand within a dedicated
road right-of way.
6. Private clubs, lodges, social and similar facilities.
7. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
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.
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c. Between warehouses, there shall be a minimum of twenty five (25') feet
for internal access drives. Traffic direction and parking shall be designated
by signaling or painting.
d. The lot area used for parking and access shall be provided with a
permanent, durable, dustless surface and shall be graded and drained so as
to dispose of all surface water.
e. All lighting shall conform to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of areas
adjacent to any residential zone or use.
g. Retail, wholesale, fabrication, manufacturing, or service activities may not
be conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery
or pick-up of goods in truck in excess of one and one-half (1.5) ton rated
capacity shall be permitted.
i. All storage shall be within the enclosed building area. There shall be no
outside storage or stockpiling.
j. No storage of hazardous, toxic, or explosive materials shall be permitted at
the facility. Signs shall be posted at the facility describing such
limitations.
10. Live music concert halls, under the following conditions: [amended 8/02]
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.
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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 with certain conditions listed below.
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
1. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
4. The proposed site plan complies with section 2330 of the ordinance and has:
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 full service car dealership in a B-4 zoning district at 2410 &
2474 Henry Street, by Ronald Bultje and Todd Anthes, Scolten Fant, 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):
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1. The amended final site plan be approved by Staff, with all conditions required at the time
of Planning Commission approval of the site plan.
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Case 2008-06: Request for site plan review for a new medical office building at 1300
Mercy Drive, by Evert Timothy Vande Zande, The Architectural Group, Inc.
Applicant: Evert Timothy Vande Zande, The Architectural
Group, Inc.
Property Address/Location: 1300 Mercy Drive
Request: Site Plan approval
Present Land Use: Vacant
Zoning: MC, Medical Care District
STAFF OBSERVATIONS
1. This property is a 2.55acre parcel that is presently vacant, and located on the north side of
Mercy Drive, near Mercy General Health Partners main campus and to the west of
Muskegon Surgical Associates.
2. The applicant wishes to construct a new 30,200 sq. ft. building with two floors. The main
floor will be 15,600 sq. ft., and the lower level will be 14,600 sq. ft in size. It will be the
new home for West Michigan Nephrology, which is currently located across the street
at1277 Mercy Drive.
3. The property is zoned MC, Medical Care District, under which professional medical
offices are a principal permitted use.
4. The zoning on the property to the north is zoned I-2, General Industrial. To the east,
south and west the zoning is also MC.
5. The proposed parking meets the requirements of the zoning ordinance.
6. The Planning Department requires the following corrections to the site plan as a
condition of approval:
a. Once the correct address and new parcel number are determined, please include
on the site plan.
b. Arrows showing direction of existing overland flow of storm water runoff.
c. Show existing natural features, including vegetation specified to be removed or
retain.
d. All trees 12” or larger in diameter must be retained as much as practical. There
are a large number of mature trees on this site and every effort shall be made to
retain as many of them as possible. Only those mature trees necessary for
construction of the building are to be removed. If a question arises regarding any
specific trees, call the Zoning Administrator for permission to remove them.
d. Indicate that lighting will the “100 %” cut-off style.
e. Show specs (height, and materials) for dumpster.
f. Sign will require a permit from the Planning Department.
7. The Department of Public Works has the following comment regarding this site plan:
a. Contact Kelly DeFrench (231-724-4184) at Muskegon DPW regarding water &
sewer connections and fees.
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8. The Fire Department has the following conditions of approval:
a. Fire flow testing shall be conducted and information shall be forwarded to the
Fire Marshal’s office.
b. Inspection required on underground fire line. Contractor shall call to schedule.
c. Post indicating control valve shall be installed for suppression system.
d. Hydrants and placements of fire hydrants shall comply with IFC Table B105.1
and appendix C 105.1.
9. The Engineering Department had no comments regarding this site plan.
a.
10. Staff has received no public comments on this request.
Note the large number of mature trees on this parcel.
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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
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.
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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.
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
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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 a professional medical office
building at 1300 Mercy Drive, subject to the conditions listed below.
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for a professional medical office building, located at 1300 Mercy Drive
for Evert Timothy Vander Zande, the Architectural Group, 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. Any other conditions of Fire Department listed in item #8 on the staff report also be met.
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