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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, June 16, 2011
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 April 14, 2011.
III. PUBLIC HEARINGS
A. Hearing; Case 2011-07: Request to rezone the property at 1753 Madison St from 1-2,
General Industrial District to B-4, General Business District by Kurt Dykman.
B. Hearing; Case 2011-08: Request to rezone the property at 2010 S Getty St from 1-2,
General Industrial District to B-4, General Business District by Michael Vasquez.
C. Case 2011-09: Request for a site plan review for the property at 363 Ottawa St for a
10,075 SF addition, by Lake Welding Supply Co
IV. OLD BUSINESS
V. NEW BUSINESS
VI. OTHER
VII. Adjourn
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Muskegon, MI 49440
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
June 16, 2011
Hearing; Case 2011- 07: Request to rezone the property at 1753 Madison St from 1-2, General
Industrial District to B-4, General Business District by Kurt Dykman.
BACKGROUND
Applicant: Kurt Dykman, JNJ Discount
Property Address/Location: 1753 Madison St
Zoning: I-2
Request: Rezoning to B-4
Present Land Use: Mostly Vacant / Office / Storage
STAFF OBSERVATIONS
1. Kurt Dykman, owner of JNJ Discount, would like to move his growing business at
911 W Laketon Ave to a larger building. JNJ Discount is a retail business that
specializes in discount items including new and used goods. This type of business
must be located in a B-4 zone.
2. The property at 1753 Madison St encompasses 4.2 acres and contains three separate
buildings. The main building facing Laketon Ave is roughly 16,500 SF and is
currently vacant. JNJ Discount would occupy this building, which would host a show
room and storage space. The smaller building to the north-east is roughly 4,200 SF
and is currently occupied by a small office business who plans on staying regardless
of the zone change and relocation of JNJ Discount. The building on the northern
edge of the property is roughly 4,700 SF and is being rented out for storage. It would
continue to be rented as storage after a rezoning as well.
3. The property is located just east of the Laketon Ave exit off US-31. Port City
Industrial Center is located just west of the exit. The property abuts R-1 Single
Family Residential Districts to the north, east and southwest.
4. There is adequate parking and the applicant has agreed to stripe the parking spaces.
5. John Hughes, who owns many properties around 1753 Madison and was notified of
the rezoning request, is in favor of bringing more retail off of the US-31 exit. Staff
did not receive comments from any other citizens on this request.
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1753 Madison
Aerial Map
Zoning Map
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Zoning Excerpts:
Please see the enclosed zoning excerpts on I-2, General Industrial Districts and B-4, General
Business Districts.
STAFF RECOMMENDATION
Staff recommends approval of the rezoning based on conformity with the 1997 Master Land Use
Plan. A major goal of this area is to create buffer areas, through zoning, to the residential
neighborhoods. This would be a down zoning to a less intensive use.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the
approval or denial of the petition?
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?
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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.
The following motion is offered for consideration:
I move that the request to rezone the property located at 1753 Madison St from I-2, General
Industrial District to B-4, General Business 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 2011-08: Request to rezone the property at 2010 S Getty St from I-1, General
Industrial District to B-4, General Business District by Michael Vasquez.
BACKGROUND
Applicant: Michael Vasquez
Property Address/Location: 2010 S Getty St
Zoning: I-1
Request: Rezoning to B-4
Present Land Use: Wheelchair / Medical Transportation
STAFF OBSERVATIONS
1. The applicant would like to rezone the property to a B-4, General Business District so
that he may apply for a Special Use Permit to have automobile sales.
2. The property is zoned I-1, Light Industrial; however, it has been used in the past as a car
dealership as a legal non-conforming use. However, the legal non-conforming use has
been abandoned for more than two years, therefore, that use is no longer allowed.
3. The parcel is roughly 16,652 SF (0.38 acres). B-4 districts require a minimum parcel size
of 10,890 SF.
4. There are three other car dealerships within a half mile of this parcel, two of them are in
Muskegon and one is in Muskegon Heights.
5. The parcels to the north are zoned B-4, General Business District and the parcels to the
south are zoned I-1, Light Industrial District. Medendorp Industrial Park is also located
to the south.
2010 S Getty St
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Aerial Map
Zoning Map
Zoning Excerpts:
Please see the enclosed zoning excerpts on I-1, Light Industrial Districts and B-4, General
Business Districts.
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STAFF RECOMMENDATION
The 1997 Master Land Use Plan does not address a need nor place restrictions on this type of
use. This would not be considered a spot zoning due to the B-4 zones located to the north.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the
approval or denial of the petition?
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.
The following motion is offered for consideration:
I move that the request to rezone the property located at 2010 S Getty from I-1, Light Industrial
District to B-4, General Business 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
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Land Use and zoning district intent.
Case 2011-09: Request for a site plan review for the property at 363 Ottawa St for a 10,075 SF
addition, by Lake Welding Supply Co.
BACKGROUND
Applicant: Gregory Teerman, Lake Welding Supply Co
Property Address/Location: 363 Ottawa St
Request: Site Plan Review
Present Land Use: Gas Supply Business
Zoning: I-2
STAFF OBSERVATIONS
1. The parcel is 1.4 acres and the current building is 16,891 SF. The proposed addition will
total 10,075 SF.
2. The additions consist of a 2,130 SF addition near the middle of the building near Ottawa
St for storage. The other addition will add 7,945 SF of storage and show room at the east
end of the property.
3. The applicant has proposed to remove the four parking spaces on Ottawa St and replace
with landscaping. The main entrance for customers will be on the east end off of
Marquette Ave. There are 20 spaces for employee parking on the lot south of Ottawa St.
There are also various other parking spaces around the building, such as the location on
the corner of Ottawa St and the vacated street to the west, in front of the Truck Repair
portion of the main building. Parking is allowed on most of Ottawa St, except on Ottawa
St near the northwest corner of Ottawa St and Marquette Ave. They are required to have
at least 33 parking spaces per zoning ordinance standards. This plan shows 28 stripped
spaces, however, there are some grandfathered non-stripped parking spaces located on
the southwest corner of the building. Parking appears to be adequate.
4. The DPW did not have any concerns with the proposed site plan.
5. The Police Department did not have any concerns with the proposed site plan.
6. The Fire Department has accepted the site plan with the following conditions:
a. Fire flow water calculations shall comply with IFC Table 105.1for type IIIB
construction.
b. Hydrant placement and number of hydrants shall comply with IFC Table 105.1
c. Owner shall schedule water flow test with DPW and proposed fire protection
company
d. Key box required for Fire Department access.
7. The Engineering Department has denied the site plan until the following problems are
addressed:
a. Depth of the leaching leaching basins is provided.
b. Must show inverts of existing and proposed.
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8. The Planning Department has denied the sire plan until the following problems are
addressed:
a. The site plan must state that the new parking lot on the east side of the building
will be paved.
b. The addition of the loading dock on the north side of the property is located only
10 inches from the property line. The setback must be at least 10 feet.
Front of building on Ottawa St Employee parking on south side of Ottawa St
Back of building from W Western Ave West side of building from vacated St.
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East side of building from Marquette Ave
Zoning Map
Standards for Site Plan approval:
Prior to approving a site plan, the City shall require that the following standards be
satisfied:
a. Schedule of Regulations: The site plan shall comply with the requirements for height, lot
size, yard space, density and all other requirements as set forth in the district regulations.
b. Other codes and standards: To the extent necessarily shown in the site plan, it shall
comply with other applicable City codes and standards.
c. Compatibility with surrounding land use and development: All elements shall be located,
designed and organized in relation to topography, the size and configuration of the parcel,
the character of adjoining property and the type and size of the buildings. The site shall
be developed so as not to impede the normal and orderly development or improvements
of surrounding property for uses permitted in this Zoning Ordinance.
d. Preservation of natural features: The landscape shall be preserved in its natural state,
insofar as practical, by removing only those areas of vegetation or making those
alterations to the topography which are reasonably necessary to develop the site.
e. Landscaping: Landscape buffers and greenbelts shall be provided and designed in
accordance with the provisions of this Ordinance. Fences, walks, barriers and
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landscaping shall be used, as appropriate, for the protection and enhancement of the
property and for the privacy of occupants and neighbors.
f. Stormwater management: Drainage design shall recognize existing natural drainage
patterns. Stormwater removal shall not adversely affect neighboring properties or the
public storm drainage system. Provisions shall be made to accommodate stormwater on-
site, using sound engineering practices.
g. Soil erosion control: Appropriate measures shall be taken to ensure compliance with
state and local soil and sedimentation control regulations.
h. Wetlands Protection: The natural retention or storage capacity of any wetland, water
body, or water course will not be substantially reduced or altered in a way which could
increase flooding or water pollution at the site or other locations.
i. Emergency Access: All site improvements and structures shall be arranged so as to
permit necessary emergency vehicle access and to comply with the locally adopted fire
code.
j. Public streets and private roads: All uses must have access to a public street or a private
road. All streets and curb cuts shall be developed in accordance with City specifications,
the Michigan Department of Transportation, and/or private road regulations of the City,
whichever applies.
k. Access Management: Streets and drives on a site shall be of a width appropriate to the
traffic volume they will carry and shall have adequate paved areas for vehicles. Traffic
mitigation techniques such as on-site parallel access lanes, rear access lanes, deceleration
lanes and traffic calming measures may be required. Shared curb cuts and access ways
may also be required.
l. Site Circulation and Parking: Parking areas shall meet the requirements of this
ordinance. All parking spaces and circulation patterns shall be marked. Curb stops or
curbing may be required to prevent encroachment on required setbacks and screening.
Provisions for on-site maneuvering of vehicles shall be made so as to discourage backing
and movements of trucks on abutting public streets. On site traffic control signs shall be
visible and understandable.
m. Pedestrian safety: The on-site pedestrian circulation system shall be separated as
completely and reasonably as possible from the vehicular circulation system. In order to
ensure public safety, special pedestrian measures such as sidewalks, crosswalks, and
other such facilities may be required for the development. The site circulation shall be
connected to existing or planned streets and pedestrian or bicycle pathways in the area as
appropriate.
n. Site amenities: The site plan shall provide outdoor common areas and associated
amenities for employees, customers and/or residents which may include public trash
receptacles, bike racks, seating areas, recreation areas, shade trees, bus stop turn-outs, and
similar facilities where appropriate.
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
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utilities for new construction shall be placed underground. Any installations which must
remain above ground shall be compatible with those on adjacent properties.
p. Lighting: Exterior lighting shall be arranged so it is deflected away from adjacent
properties and so it does not impede the vision of traffic along adjacent streets. Flashing
or intermittent lights shall not be permitted. Design of lighting fixtures shall be
compatible with those on adjacent properties. Light poles and fixtures shall be no higher
than twenty-five (25) feet.
q. Signs: The size, location, and lighting of all permanent signs shall be consistent with the
requirements of this Ordinance.
r. Accessibility: All sites shall be designed to comply with barrier-free requirements.
s. State and Federal Mandates: The site plan shall demonstrate compliance with any state
or federal statute, regulation or ruling, whether general or site specific, which is
applicable to the property. This shall include without limitation any legally enforceable
restrictions on development or improvements which have been communicated or required
by a state or federal agency. It shall include, without limitation, requirements of laws,
regulations, rulings or agency requirements concerning environmental protection, waste
management, floodplains, soil and sedimentation, protection of ground or surface water
resources, soil conditions, and the presence of hazardous materials in or contamination of
soils, air and water pollution matters and provisions which are designed for or reasonably
related to the protection of the public health, safety or welfare. The applicant shall
demonstrate that all said statutes, regulations, rulings, or requirements have been satisfied
by its site plan and that there are no State or Federal agencies which have required, or are
in the process of requiring, any additional action, restriction or compliance. In the event
a property is the subject of any governmental regulatory action or requirement, or without
limitation, the property is located in the "facility" as defined by state or federal law, the
state or federal agency responsible for the applicable regulation shall be notified in
writing of the filing of the site plan and any hearing regarding the application for
approval.
RECOMMENDATION
Staff recommends approval of the request for site plan approval, subject to the conditions listed
below.
DETERMINATION
The following motion is offered for consideration:
I move that the site plan for the additions at 363 Ottawa St for Gregory Teerman, Lake Welding
Supply Co, be (approved/denied/tabled), based on the following findings and conditions (if
approved):
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1. All requirements listed in items number 7, 8, and 9 of the staff report shall be provided to
staff as needed prior to issuance of a building permit.
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