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CITY OF MUSKEGON
PLANNING COMMISSION
SPECIAL MEETING
DATE OF MEETING: Tuesday, January 22, 2008
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. PUBLIC HEARINGS
A. Hearing; Case 2008-04: Request for a Special Land Use Permit, per Section
1301 (#7) of Article XIII, B-4, General Business Districts, of the Zoning
Ordinance, to allow a church at 1260 W. Sherman Boulevard, by Mike
Housekamp, Celebration Community Church.
III. OLD BUSINESS
A. Hearing; Case 2008-02: Request for a Special Land Use Permit, per section
1901 (#6) of Article XIX of the Zoning Ordinance to allow for a museum ship at
the Mart Dock, 560 Mart Street, by Raymond J. Hilt, SS Milwaukee Clipper
Preservation, Inc. – Tabled from the January 10, 2008 meeting.
IV. OTHER
V. 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
SPECIAL MEETING
January 22, 2008
Hearing; Case 2008-04: Request for a Special Land Use Permit, per Section 1301 (#7) of
Article XIII, B-4, General Business Districts, of the Zoning Ordinance, to allow a church at 1260
W. Sherman Boulevard, by Mike Housekamp, Celebration Community Church.
Applicant: Mike Housekamp, Celebration Community Church
Property Address/Location: 1260 W. Sherman Boulevard
Request: Special Land Use Permit
Present Land Use: Vacant former car dealership
Zoning: B-4, General Business District
STAFF OBSERVATIONS
1. The building at 1260 W. Sherman Boulevard is the presently vacant, but has been used as
a car dealership in the past. It has been vacant since the Tony Betten Dealership closed
its doors and moved in with another dealership outside of the City.
2. The applicant wishes to use the building for a church. Celebration Community Church
has been holding services at West Michigan Christian High School, in Norton Shores.
3. The properties to the north zoned R-1 One Family Residential, and the parcels to the east
and west are zoned B-4. To the south is the city of Roosevelt Park.
4. The site plan submitted with the application is adequate. The parking lot is paved, but
would need to be striped. The grassy areas along Sherman will be landscaped to soften
the appearance of the large parking area. No new outdoor lighting has been proposed,
but if any new lights are requested, the site plan would need to be amended and
additional lights would be required to be 100% cut-off style.
5. The following are conditions required for approval of a church in a B-4 zone, and are met
by the present building:
a. The site shall be 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.
6. The Department of Public Works had the following condition of approval:
a. Contact Dave Smith, City DPW at 724-6989, regarding placement and installation
of proposed new fire hydrant.
7. The Engineering Department had the following comments on t his site plan:
a. Accepted if proposed modifications are to the existing building only.
b. No changes in paved surface, thus no revisions to drainage facilities.
c. No changes to drive approaches.
d. We need side walks? This is a Planning issue.
8. The Fire Department has the following conditions of approval:
a. Fire flow water supply calculations shall be conducted.
b. Fire hydrants and water supply requirements shall comply with International Fire
Code Section 508 and Appendix B.
c. Post indicating valve shall be installed for suppression.
9. Lewis Spyke, 1334 Beardsley, called to object to this request. He gave no reasons.
View of the west side of the property. View of the east side and parking lot.
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.
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.
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 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 (#7) of Article XIII of the
Zoning Ordinance, to allow for a church in a B-4 zoning district at 1260 W. Sherman Boulevard,
by Mike Housekamp, Celebration Community church, 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. The parking lot be striped.
2. The condition listed by the DPW in #6 of the staff report be met.
3. All conditions of the Fire Department listed in #8 of the staff report be met.
4. The Special Land Use Permit affidavit shall be recorded with the register of deeds prior
to occupying the building.
Hearing; Case 2008-02: Request for a Special Land Use Permit, per section 1901 (#6) of
Article XIX of the Zoning Ordinance to allow for a museum ship at the Mart Dock, 560 Mart
Street, by Raymond J. Hilt, SS Milwaukee Clipper Preservation, Inc.
Applicant: Special Land Use Permit
Property Address/Location: 560 Mart Street
Request: Allow a museum ship in a WM, Waterfront Marine
District.
Present Land Use: Dock and storage uses.
Zoning: WM, Waterfront Marine District
STAFF OBSERVATIONS
1. This request is to allow the SS Milwaukee Clipper to dock at the Mart Dock site,
contingent on the addition of museums being added as a “Special Land Use” in the
Waterfront Marine District, in the previous case. The Planning Commission’s
recommendation to the City Commission would need to be approved for this request to
formally be approved (see conditions of approval with the motion).
2. The zoning of the property at 560 Mart Street is WM, Waterfront Marine, as is the
property to the southwest. The property to the northeast is zoned B-2, Convenience and
Comparison Business, and to the east the zoning is B-3, Central Business.
3. The property owners failed to sign the application, as is customary. They are, however,
fully aware of the request.
4. Since the proposed use won’t require site work, the site plan is rather simple. Parking
will be accommodated on the Mart Dock property. If improvements on land are
proposed in the future, a site plan amendment would need to be submitted to the Planning
Department for approval.
5. The Fire Department has the following conditions of approval:
a. Fire Department access is established and maintained.
b. Remove bollard between building and seawall near the stern of ship.
c. Add fire hydrant and dry stand pipe system, hydrant shall be located near stern.
d. Provide Fire Department connection, location to be approved by Chief/Fire
Marshall.
e. Fire access road shall be designed and maintained to support the imposed loads of
fire apparatus, not less than 76,000 pounds.
f. Access shall be maintained during all months of year.
g. All stand pipe/hose connections inside of ship shall be repaired inspected, and
operational.
h. Fire protection system shall be operational and comply with NFPA 13.
i. Water supply from ship to shore shall be established.
6. The Engineering Department has the following conditions of approval:
a. As long as the work is on the boat only, and no site work is proposed, the plan is
approved. If site work is necessary, then a more detailed plan is needed.
7. The Department of Public Works has no outstanding issues with this request.
8. Staff has received no comments regarding this request.
Approximate location of where the Clipper would be docked.
View shows relation of the proposed Clipper location to the Port City Princess.
ORDINANCE EXCERPTS
SECTION 1901: 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:
1. Engine and hull repair shops.
2. Marine contracting.
3. Commercial fishing and processing facilities.
4. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
5. Seasonal recreational camper, trailer parks and facilities.
6. Uses similar to the above Special Land Uses Permitted.
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 1901 of Article XIX of the
Zoning Ordinance, to allow for the SS Milwaukee Clipper, a museum ship, in a B-3 zoning
district at 560 Mart Street, by Raymond Hilt, SS Milwaukee Clipper Preservation, LLC, 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. The amendment to the WM, Waterfront Marine district to allow museums as a special
land use is approved by City Commission.
2. All conditions of the Fire Department listed under #4 of the staff report be met.
3. All conditions of the Engineering Department listed under #5 if the staff report be met.
4. 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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