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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, September 10, 2009
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 July 16, 2009.
III. PUBLIC HEARINGS
A. Hearing; Case 2009-11: Request to vacate the southerly 159.5 feet of the alley
located in Block 427 of the City of Muskegon Revised Plat of 1903, bounded by
W. Forest Avenue, Sixth Street, W. Southern Avenue, and Fifth Street, by Al and
Tracy Hairston, 236 W. Forest Avenue.
B. Hearing; Case 2009-12: Request for a Special Land Use Permit, per section
1201 #4 of Article XII of the zoning Ordinance to allow a Christian Science
Reading Room and Church in a B-3, Central Business zoning district at 500 W.
Western Avenue, by Ardis M. Peters, First Church of Christ Scientist, 280 W.
Muskegon Avenue.
V. NEW BUSINESS
A. Case 2009-13 : Request for Site Plan Review for property located at 3198
Edgewater Street, by Phillip Lundwall, Muskegon Yacht Club.
B. Case 2009-14 : Request for Site Plan Review for property located at 2969
Lakeshore Drive, by Brian Torresen, Torresen Marine Inc.
IV. OLD BUSINESS
A. Hearing; Case 2009-08: Staff-initiated request to amend Section 2311, #10
(Accessory Structures & Buildings) of Article XXIII, to include “Wind Turbines”
as permitted temporary structures – Tabled from the July meeting.
B. Hearing; Case 2009-09: Staff-initiated request to amend Section 2310, of Article
XXIII, to add “Wind Turbine Facilities” – Tabled from the July meeting.
c. Hearing; Case 2009-10: Staff-initiated request to amend Article II, Definitions,
to add definitions for “Wind Turbine” and “Wind Turbine Facility” – Tabled
from the July meeting.
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agenda.doc
VI. OTHER
A. Kirksey Property – 1204 W. Western Avenue
VII. 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
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agenda.doc
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
September 10, 2009
Hearing; Case 2009-11: Request to vacate the southerly 159.5 feet of the alley located in Block
427 of the City of Muskegon Revised Plat of 1903, bounded by W. Forest Avenue, Sixth Street,
W. Southern Avenue, and Fifth Street, by Al and Tracy Hairston, 236 W. Forest Avenue.
BACKGROUND
A request has been submitted by Al and Tracy Harrison, who are the homeowners at 236 W.
Forest. Their home is adjacent to this alley. They feel the alley is very dangerous, due to cars
coming through the alley and not stopping before pulling out onto Forest Avenue. There is also
a lot of kids hanging out in the alley doing various mischievous activities.
The applicants and their neighbor across the alley have no other access to their parking area
located at the rear of their properties. The applicants say that if the alley is vacated, they will
share the property with their neighbor for joint access to their parking areas. Parking is not
allowed in a front yard, so they must have access to their parking areas in the back yard. Staff
recommends that as a condition of approval, the two parties should be required to have joint
easement agreements recorded with the Register of Deeds for each of their properties. This
avoids problems in the future if new owners purchase either of the two properties.
The Department of Public Works has no issues with the alley vacation.
The Fire Department has no issues with the alley vacation.
Staff has received no comments regarding this request.
View from W. Forest Avenue. View of cross alley between 6th & 5th Streets.
View of parking area for 246 W. Forest. View of parking area for 236 W. Forest.
2
STAFF RECOMMENDATION
Staff recommends approval of the request.
DETERMINATION
The following motion is offered for consideration:
I move that the vacation of the southerly 159.5 feet of the alley located in Block 427 of the City
of Muskegon’s Revised Plat of 1903, bounded by W. Forest Avenue, Sixth Street, W. Southern
Avenue and Sixth Street, 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. A joint property easement be obtained, recorded with the Register of Deeds, and copies
provided to the Planning Department.
3
Hearing; Case 2009-12: Request for a Special Land Use Permit, per section 1201 #4 of Article
XII of the zoning Ordinance to allow a Christian Science Reading Room and Church in a B-3,
Central Business zoning District at 500 W. Western Avenue, by Ardis M. Peters, First Church of
Christ Scientist, 280 W. Muskegon Avenue.
BACKGROUND
Applicant: Ardis Peters, First Church of Christ Scientist
Property Address/Location 550 W. Western Avenue
Request: Special Land Use Permit to operate a Christian Science Reading
Room and Church
Present Land Use: Commercial
Zoning: B-3, Central Business
STAFF OBSERVATIONS
1. This property is known as the Noble Building and has a “store front” appearance on
Western Avenue.
2. This property was granted a special land use permit in November 2005 at the request of
Gordon Rinard, who also represented the church at that time. The use was never
established within the one year time limit, so became null and void. The church wishes
to make the same request again, due to the impending sale of their church building on
Webster Avenue.
3. The applicant would like to locate the Christian Science Reading Room in the Western
Avenue store front area and the church services would be held in the rear area of the
building. The Southwesterly store front houses an attorney’s office.
4. Zoning of the property is B-3, Central Business, and all properties surrounding this one
are also zoned B-3.
5. The property is located in the “Downtown Parking Overlay District’, so up to 30% of the
parking requirements could be accommodated with on-street parking within 1,000 feet of
the property. The building is located across Western Avenue from the City’s parking lot,
which could provide any additional parking required for the site.
6. The B-3, Central Business District is “intended to provide for and regulate land and
building uses so as to continue to create a shopping, living, cultural, governmental, office,
heritage, and institutional focal point for the City of Muskegon and the Muskegon Area.”
7. Staff has received no comments regarding this request.
4
Front view of the Noble Building.
5
ORDINANCE EXCERPTS
SECTION 1201: 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. Automobile service stations for the sale of gasoline, oil, and minor repair, 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
or residential uses 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.
d. All lighting shall be shielded from adjacent residential districts and from abutting
streets.
2. Amusements and recreational facilities, including bowling alleys and skating rinks.
3. Commercial parking lots and parking structures.
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 of building that exceeds the maximum height
allowed.
6
5. Specialized adult educational programs, under the following conditions: [amended 1/02]
a. The program must be associated with a school district.
b. No residency will be permitted in the facility.
c. The hours of operation will be limited to the regular school hours of the
associated school district.
d. The facility must be located either on a major street or within two (2)
blocks of regular bus service.
e. No more than 75 students can be associated with the program.
6. 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.
7. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
8. Uses similar to the above Special Land Uses Permitted.
SECTION 1202: 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-3 Central
Business 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 or other commercial uses.
7
1. Uses permitted in Section 1200 and 1201 together with combinations of multiple family
residential development, provided such uses are located on parcels of at least ten (10)
acres in area, and abut a major thoroughfare.
2. Accessory buildings and accessory uses customarily incidental to the above combination.
SECTION 1203: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 4,000 sq. feet.
2. Maximum lot coverage:
Buildings: 100 %
Pavement: 25%
3. Lot width: 30 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: 6 stories or 90 feet
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the following street
corridors:
Western Avenue from Ninth Street to Pine Street.
Clay Avenue from Seventh Street to Fourth Street.
Pine Street; from Western Ave. to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
8
Note: For minimum front setbacks new principal structures on minor streets may align
with existing principal structures in the immediate area even if the setback is below the
minimum required.
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
9. Side setbacks: no requirement
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
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]
9
RECOMMENDATION
Based on compliance with the 1997 Master Plan and City Zoning Ordinance, staff recommends
approval of the request, with the conditions listed below.
DELIBERATION
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
Adequate water and sewer infrastructure exists or will be constructed to service the Special Land
Use or activity.
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 special land use permit, per section 1201 (1) of Article XII of the Zoning
Ordinance, to allow a Christian Science Reading Room and a church in a B-3, Central Business
zoning district at 500 W. Western Avenue, by Ardis Peters, Fist Church of Christ Scientist, 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):
CONDITIONS
1. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
2. The Special Land Use permit document shall be recorded with the register of deeds prior to
establishment of the use.
3. The special land use permit shall become null and void within one year of the public hearing
if the use has not been established or there is a violation of condition 1 & 2.
10
Case 2009- 13: Request for Site Plan Review for property located at 3198 Edgewater Street, by
Phillip Lundwall, Muskegon Yacht Club.
BACKGROUND
Applicant: Phillip Lundwall, Muskegon Yacht Club
Property Address/Location: 3198 Edgewater Street
Request: Site Plan Review
Present Land Use: Additional boat slips, new attenuating breakwall, and
reconfiguring the current parking lots
Zoning: WM – Waterfront Marine
STAFF OBSERVATIONS
1. The subject property is 2.62 acres of waterfront property, including a clubhouse, pool with
changing rooms and a boat house.
2. There are presently 71 existing boat slips. The Yacht Club plans to replace those with new
ones and add 16 new slips, along with a protective wave attenuating breakwall.
3. The subject property is zoned WM, Waterfront Marine. Properties to the North, West, and
South are zoned R, Single Family Residential, and to the East the property is zoned WM.
4. The construction of the new boat slips requires additional parking. There is adequate paved
area shown on the site plan to accommodate a good portion of the required parking spaces,
however the parking areas will need to be striped in order for additional spaces to be added
and more orderly parking to take place. There are several areas where the maneuvering lanes
shown between parking spaces is too narrow. A minimum of 22 feet is required for two-way
traffic, or 12 feet for one-way traffic. Although an adequate number of spaces are included
on the site plan, some rearrangement will be necessary to fit them on the site. Staff can work
with the applicant to get the site plan in compliance.
5. The Planning Department requires the following amendments to the site plan as conditions of
approval:
a. All maneuvering lanes must meet minimum requirements in the parking lots.
b. Curb stops or rolled curbing is required for all parking spaces.
6. The Engineering Department has the following conditions of approval:
a. No work to be done in the public right-of-way, such as drive approaches or sidewalks.
b. Any dredged/excavated materials must be stock piled and protected against erosion as per
the required permit from Muskegon County DPW.
7. The Department of Public Works has no outstanding issues with this site plan.
8. The Fire Department has following conditions of approval:
a. Fire protection required per International Fire Code 2006 Edition, Section 905.3.7 and
NFPA 303 Standards.
b. Shop drawings shall be submitted to the Fire Marshall and Building Inspections
Department for approval.
c. Fire protection contractor for this project shall contact the local Fire Marshall.
12. Staff has received no comments regarding this request.
11
View of the main club house. View of the accessory building to the west.
View of the east entry drive and parking area. Boats currently parked in east lot.
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,
12
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.
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
13
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
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.
14
RECOMMENDATION
Staff recommends approval of the request for site plan approval for 16 additional boat slips, new
attenuating breakwall, and reconfiguring the current parking lots, subject to the conditions listed
below.
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for 16 additional boat slips, new attenuating breakwall, and
reconfiguring the current parking lots for property located at 3198 Edgewater Street for Phillip
Lundwall, Muskegon Yacht Club, be (approved/denied/tabled), based on the following findings
and conditions (if approved):
1. The amendments to the site plan listed in #5 of the staff report be submitted and approved
by the Planning Department.
2. All conditions of the Engineering Department listed in #6 of the staff report must be met.
3. All conditions of the Fire Department listed in #8 of the staff report must be met.
15
Case 2009-14 : Request for Site Plan Review for property located at 2969 Lakeshore Drive, by
Brian Torresen, Torresen Marine Inc.
BACKGROUND
Applicant: Brian Torresen, Torresen Marine, Inc.
Property Address/Location: 2969 Lakeshore Drive
Request: Site Plan Review
Present Land Use: Addition of 60 x 45 Boat Storage Building
Zoning: WM – Waterfront Marine
STAFF OBSERVATIONS
1. The subject property is 7.80 acres of property on the Southeast side of Lakeshore Drive,
which formerly housed the old Norge Plant. It currently includes the Marine Ship Store in
one portion of the large building. The remainder of the buildings are used for storage.
2. The applicant wishes to construct a 60 x 45 foot building on the rear of the property to be
used for additional boat storage. The setback from the rear property line will be 10 feet per
Kathleen Torresen, and is so indicated on the Staff copy of the site plan.
3. The subject property is zoned WM, Waterfront Marine. Properties to the Northwest, and
Northeast are also zoned WM. Properties to the Southeast are zoned R, Single Family
Residential, and there is a narrow strip of land to the south zoned I-2.
4. The Planning Department has no outstanding issues with the site plan.
5. The Engineering Department had no comments regarding this site plan.
6. The Department of Public Works has outstanding issues with this site plan.
7. Comments from the Fire Department Staff will bring any comments to the Planning
Commission meeting.
8. Staff has received no comments regarding this request.
Front view of Marine Ship Store and drive. Area in the rear of drive for proposed structure.
16
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.
t. 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.
i. 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.
17
j. 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.
k. 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.
l. 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.
m. 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.
n. 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.
o. 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.
p. Signs: The size, location, and lighting of all permanent signs shall be consistent with the
requirements of this Ordinance.
q. Accessibility: All sites shall be designed to comply with barrier-free requirements.
r. 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 60 x 45 foot boat storage
building, subject to the conditions listed below.
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for a 60 x 40 foot boat storage building for Brian Torresen, Torresen
Marine, Inc., be (approved/denied/tabled), based on the following findings and conditions (if
approved):
1. All conditions of the Fire Department must be met.
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Hearing; Case 2009-08: Staff-initiated request to amend Section 2311, #10 (Accessory
Structures & Buildings) of Article XXIII, to include “Wind Turbines” as permitted temporary
structures.
BACKGROUND
Staff has received many questions and inquiries regarding wind turbines, both residential and
commercial, in the past six months. With the public gaining more interest in “going green”,
companies are working to develop more usable wind turbines. The Frauenthal building has
installed one on top of their building, and some grant money has been available to other
organizations to facilitate the installation on top of some other buildings in the City.
Presently, our zoning ordinance deals pretty well with wind turbines mounted on structures, such
as buildings. However, more interest is being shown for freestanding units, and so the following
language for wind turbines, and also the following two cases dealing with “wind turbine
facilities”, and the definitions for both, seems to be necessary.
You will notice that this language allows wind turbines only in commercial and industrial zoning
districts, and requires site plan approval from Planning Commission. Minimum parcel size is 2
acres. Although the amendments were written by staff, the City Attorney’s office also reviewed
the language, and gave suggestions and input. Residential wind turbines will continue to be
addressed through Section 2309, Height Regulations, #3.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 2311 (Accessory Structures & Buildings) of Article XXIII, General
Provisions
New #10
10. Wind Turbines: Wind turbines as accessory structures are allowed in Industrial
and Business zones, after review and approval of the site plan by the Planning
Commission with the following conditions:
a. Minimum parcel size shall be two (2) acres.
b. For safety reasons, one of the following is required of any tower capable of
being climbed:
i. A six (6) foot locked, protective fence around the perimeter of the base
of the wind turbine.
ii. A climbing apparatus no closer than 12 feet from the ground.
c. Wind turbine set backs from the property line shall be at least equal
to one and one half times the vertical height measured from the
ground to the tallest point of the structure, including the highest
elevation of the wind turbine rotor.
d. Height limit of any free-standing wind turbine shall be 65 feet. Such total
height shall include both support structure and the highest elevation of the
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wind turbine rotor. Height limits on top of a building shall be allowed
according to Section 2309, Height Regulations.
e. Wind turbines shall be located away from overhead utility lines, including
service drops, and if the structure should fail, must fall at least (five) 5 feet
away from any overhead utility lines.
f. Wind turbines may not be located in the front yard in Business zoning
districts.
g. Wind turbines shall be permitted to be located on the site prior to the
principal structure only if accessory to the rest of the development or part of
a wind turbine facility.
h. Wind turbines shall meet the requirement of Article II, Section 26 of the City
of Muskegon Code of Ordinances (noise ordinance).
i. The owner shall make all reasonable efforts to minimize shadow flicker to
any occupied building on the property or any adjacent property.
j. An abandoned wind turbine must be removed from the site by the property
owner within 12 months. It shall be considered abandoned from the last date
that it was providing electricity for the grid or development. If removal of
the wind turbines and related facilities are not completed within 30 days
from the date of notification by the Zoning Administrator, the City of
Muskegon may proceed to remove the wind turbine and related facilities, in
which case the salvaged material becomes the property of the City and all
costs of removing the wind turbine and related facilities will remain the
burden of the property owner and added to owner’s tax bill as a lien on the
property..
k. No signage shall be allowed, except for one sign not exceeding two (2) square
feet posted at the base of the tower, containing the following information:
i. “Warning high voltage”
ii. Manufacturer’s name.
iii. Operator’s name.
iv. Emergency phone number.
v. Emergency shut down procedures.
l. Wind turbines shall require a building permit and must comply with all
requirements of the Building Inspections Department.
m. Wind turbines shall be designed so as to have the least impact on the
aesthetics of surrounding properties and sight lines. They shall be either
monopole or monolithic tube construction and a non-obtrusive color, such as
white, off-white or gray.
n. In the case of multiple wind turbines on the site, Section 2310, #4 through #8
shall apply and review and approval of the site plan must be granted by the
Planning Commission.
DELIBERATION
I move that the amendment to Section 2311, #10, of Article XXIII, General Provisions, of the
City of Muskegon Zoning Ordinance to include “wind turbines” as permitted temporary
structures, with Planning Commission approval, be recommended to the City Commission for
(approval/denial).
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Hearing; Case 2009-09: Staff-initiated request to amend Section 2310, of Article XXIII, to add
“Wind Turbine Facilities”.
BACKGROUND
Although no wind turbine facilities have been proposed in the City, some inquiries have been
made as to where they would be allowed and under what conditions. Therefore, staff feels it
would be better to put some language in place to deal with any applications that are received for
these facilities.
Under this language, “wind turbine facilities” would be allowed as special land uses in B-2, B-3,
B-4, and B-5 zones, as well as I-1 and I-2 zones. Applications would be received and considered
by the Planning Commission, which also involves approval of proposed site plans. Minimum
parcel size is 10 acres.
As with both of these cases, amendments may need to be made in the future as development
takes place and unforeseeable issues arise. Assuming that this amendment is approved by
Planning Commission and City Commission, amendments to the B and I districts to include
“wind turbine facilities” as special land uses will be brought to Planning Commission in the near
future.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 2310, Wind Turbine Facilities (WTF)
Wind Turbine Facilities shall be allowed as a special land use in Industrial and Business
zones under the purview of Section 2332, after review and approval of the special land use
permit and site plan by the Planning Commission, after Public Hearing, subject to
applicable conditions and any other reasonable conditions imposed by the Planning
Commission, including the following:
1. Minimum parcel size for wind turbine facilities shall be ten (10) acres.
2. All wind turbines shall meet the requirements of Section 2311, Accessory Structures
& buildings, #10, except for items a, d, and g.
3. The height limit of any wind turbine in the WTF may be 200 feet. Such total height
shall be measured from the ground to the highest elevation of the wind turbine
rotor.
4. The developer shall maintain a current insurance policy which will cover
installation and operation of the WFT, and the wind turbines shall be warranted
against any system failures reasonable expected in climate conditions found in the
City of Muskegon.
5. A qualified avian study shall be conducted by the developer to ensure that wildlife is
not endangered, or the developer may submit copies of any required State or
Federal permits that have been obtained. This information shall be submitted to the
Planning Department before any permits are issued for construction.
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6. A wind resource study describing the long term economic viability shall be
submitted to the Planning Commission upon submission of the special land use
permit application.
7. If the WFT will provide electricity off-site to the grid, evidence that the utility
company has been informed of the developer’s intent to install an interconnected,
customer-owned generator, and that such connection has been approved, shall be
submitted to the Planning Commission upon submission of the special land use
permit application.
8. Separation between wind turbines shall be based on industry standards and
manufacturer recommendations.
DELIBERATION
I move that the amendment to Section 2310, of Article XXIII, General Provisions, of the City of
Muskegon Zoning Ordinance to add requirements for “wind turbine facilities”, be recommended
to the City Commission for (approval/denial).
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Hearing; Case 2009-10: Staff-initiated request to amend Article II, Definitions, to add
definitions for “Wind Turbine” and “Wind Turbine Facility”.
BACKGROUND
In order to avoid confusion, the following new definitions should be added to Article II,
Definitions, of the Zoning Ordinance.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Article II, “Definitions”
Wind Turbine: A rotating machine which converts the kinetic energy in wind into
mechanical energy. For the purpose of this ordinance, an anemometer is not classified as a
wind turbine.
Wind Turbine Facility: An electric generating facility, whose main purpose is to supply
electricity to sell to the grid, consisting of more than one wind turbine and other accessory
structures and buildings.
DELIBERATION
I move that the amendment to Article II, Definitions, of the City of Muskegon Zoning Ordinance
to add definitions for “wind turbine” and for “wind turbine facility”, be recommended to the City
Commission for (approval/denial).
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OTHER
Kirksey Investments Corporation had requested a special meeting to address the installation of a
gate and paved boat launch road across Lakeshore Trail on the northerly section of Kirksey’s
property located at 1204 W. Western Avenue. Since Staff was unable to accommodate Kirksey’s
request for a special meeting, City Staff decided to process his request as a Staff Review. The
request was a minor one, with the addition of a 24 foot gate in the fence that separates Lakeshore
Trail from the rest of the Kirksey’s property, and a paved boat launch through this same area and
down to the lake (see map enclosed).
Staff received the following comments from the City Engineer and they were included in the
applicant’s approval letter as conditions of approval for his site plan application:
1. Keep the bike path open (to the extent possible) while performing the work.
2. Increase the depth (cross section) of the path to accommodate the proposed transportation
of heavier equipment.
3. Public notification about the proposed work.
4. Confine, to the extent possible, the construction influence area.
5. Designate one specific area where construction equipment will be crossing the path.
6. Bike path is to be repaired wherever damage has taken place to the City Manager’s
satisfaction.
The Fire Department had the following conditions of approval.
1. Fire protection for docks shall be installed upon completion of construction.
2. Key box shall be provided at gate for Fire Department access.
In addition, the applicant must apply for Site Plan Review to the Planning Commission before
the proposed docks are constructed. It will be necessary at that time to take a closer look at
further construction associated with the entire 15+ acres of land. The applicant was informed of
this requirement in his site plan approval letter.
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