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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, April 14, 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 February 10, 2010.
III. PUBLIC HEARINGS
A. Hearing; Case 2011-04: Request for a Special Land Use Permit, per Section 401 of
Article IV of the zoning ordinance to allow a retail store in a R-1, Single Family
Residential District at 238 Houston Ave, by Melvin Fox.
B. Hearing; Case 2011-05: Request for a Special Land Use Permit, per Section 905 of the
zoning ordinance, for the installation of a helistop in a MC, Medical Care District at 1500
E Sherman, by Mercy Health Partners.
C. Hearing; Case 2011-06: Request for a Special Land Use Permit, per Section 1301 of the
zoning ordinance, to allow automobile sales in a B-4, General Business District at 2425
Henry St, by Betten Automotive
IV. OLD BUSINESS
V. NEW BUSINESS
VI. OTHER
Organizational Meeting
VII. Adjourn
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meeting, upon twenty-four hour notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or
services should contact the City of Muskegon by writing or calling the following:
Ann Marie Becker, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705
Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
April 14, 2011
Hearing; Case 2011- 04: Request for a Special Land Use Permit, per Section 401 of Article IV
of the zoning ordinance to allow a general retail merchandise store in a R-1, Single Family
Residential District at 238 Houston Ave, by Melvin Fox.
BACKGROUND
1. The zoning of this parcel is R-1, Single Family Residential. The building has a
commercial storefront and has not been converted to residential.
2. Section 401 of Article IV states that previously existing commercial uses not already
converted to residential use may be authorized under Special Use Permit.
3. The applicant is requesting to sell “pulled from shelf” and “returned” items. These may
include, but are not limited to appliances, electronics and clothing. The applicant intends
to live in the apartment unit on the second floor.
4. The zoning ordinance does not allow used goods to be sold in a B-1 District, however,
the items proposed for sale in this store would still be new, just returned or pulled from
the shelf.
5. The lot is about 4,000 sqft. The building is about 1,700 sqft per floor. The applicant
intends to utilize about 820 sqft of floor space, all of which is located on the first floor.
6. General retail stores require one parking space for every 300 sqft of useable floor area.
This business would require 2-3 parking spaces. There is enough room in the rear of the
building for two parking spaces. The parking area is currently unpaved, however, it is
considered grandfathered and would not need to be paved. The parcel is just outside the
downtown parking overlay district (which would not require any parking for a business
this small) and there is street parking on Third St.
238 Houston Ave front Back, from the alley
Building Sketch
Zoning Map
Ordinance Excerpt:
SECTION 401: SPECIAL LAND USES PERMITTED [amended 2/02]
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. Private recreational areas, and institutional recreational centers when not operated for
profit, and nonprofit swimming pool clubs, all subject to the following conditions:
[amended 2/02]
a. In those instances where the proposed site is not to be situated on a lot or lots of
record, the proposed site shall have one property line abutting a major
thoroughfare and the site shall be so planned as to provide ingress and egress
directly onto said major thoroughfare.
b. Front, side, and, rear yards shall be at least fifty (50) feet wide, except on those
sides adjacent to nonresidential districts, and shall be landscaped in trees, shrubs,
grass, and terrace areas. All such landscaping shall be maintained in a healthy
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condition. There shall be no parking or structures permitted in these yards, except
for required entrance drives and those walls and/or fences used to obscure the use
from abutting residential districts.
c. Buildings erected on the premises shall not exceed one (1) story or fourteen (14)
feet in height.
d. Whenever a swimming pool is constructed under this Ordinance, said pool area
shall be provided with a protective fence six (6) feet in height, and entry shall be
protected by means of a controlled gate or turnstile.
e. The off-street parking and general site layout and its relationship to all adjacent
lot lines shall be reviewed by the Planning Commission who may impose
reasonable restrictions or requirements so as to insure that contiguous residential
areas will be adequately protected.
2. Colleges, universities, and other such institutions of higher learning, public and
private, offering courses in general, technical, or religious education not operated for
profit, all subject to the following conditions:
a. Any use permitted herein shall be developed only on sites of at least five (5) acres
in area.
b. All ingress to and egress from said site shall be directly onto a major
thoroughfare.
c. No building other than a structure for residential purposes shall be closer than
seventy-five (75) feet to any property line.
3. 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.
4. Elementary, intermediate, and/or secondary schools offering courses in general
education, provided such uses are set back thirty (30) feet from any lot in a residential
zone.
5. Cemeteries.
6. Previously existing or established commercial uses not already converted to a residential
use may be authorized under Special Use Permit for the following [amended 12/99]:
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a. Retail and/or service establishments meeting the intent of the neighborhood Limited
Business Zone (B-1) dealing directly with consumers including:
1) Any generally recognized retail business which supplies new commodities
on the premises for persons residing in adjacent residential areas such as:
groceries, meats, dairy products, baked goods or other foods, drugs,
drygoods, and notions or hardware.
2) Any personal service establishment which performs services on the
premises for persons residing in adjacent residential areas, such as: shoe
repair, drop-off dry cleaning shops, tailor shops, beauty parlors, barber
shops, dressmaker, tailor, pharmacist, or an establishment doing radio,
television, or home appliance repair, and similar establishments that
require a retail character no more objectionable than the aforementioned,
subject to the provision that no more than five (5) persons shall be
employed at any time in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors,
osteopaths, architects, engineers, accountants, and similar or allied
professions.
4) Restaurants, or other places serving food, except drive-in or drive-through
restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of
motor vehicles and other large equipment; manufacturing processes which would
normally require industrial zoning; any activity which may become a nuisance
due to noise, unsightliness or odor; and any activity which may adversely affect
surrounding property.
c. Conditions: [amended 8/04]
1) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
3) All goods produced on the premises shall be sold at retail on the premises
where produced.
4) All business, servicing, or processing shall be conducted within a
completely enclosed building, or in an area specifically approved by the
Planning Commission.
5) Parking shall be accommodated on site or with limited street parking.
6) Hours of operation may be limited by the Planning Commission.
7) Signs must comply with those set forth for the residential zoning district.
8) The Planning Commission may allow a use to sell alcohol, however the
Commission may limit the type of license applied for or obtained for the
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sale of alcohol to an SDM, hours of operation, and any other restrictions
intended to stabilize, protect, and encourage the residential character of the
area. The use must gain approval from the Michigan Liquor Control
Commission before alcohol can be or sold.
RECOMMENDATION
Staff recommends that approval of this special use permit because it meets the conditions set
forth in the zoning ordinance.
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 401 (#6) of Article IV of the Zoning
Ordinance, to allow a general retail merchandise store in an R-1, Single Family Residential
District at 238 Houston Ave, by Melvin Fox, 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. All signage requires a permit and must comply with the zoning ordinance.
2. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
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3. The Special Land Use permit document shall be recorded with the register of deeds prior to
establishment of the use.
4. 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 - 4.
Hearing; Case 2011-05: Request for a Special Land Use Permit, per Section 905 of the zoning
ordinance, for the installation of a helistop in a MC, Medical Care District at 1500 E Sherman,
by Mercy Health Partners.
BACKGROUND
1. The applicant would like to move the helistop, located on the east side of the building
near the wooded area and the highway.
2. The hospital was approved for a helistop as part of their site plan in 2001; however, the
zoning ordinance was amended in 2003 to include a section on Medical Care Districts.
Helistops now require a Special Use Permit.
3. At its closest point, the radius of the approach/take off area is 75 feet from the property
line. The Special Land Use Permit requires at least 100 feet from all property lines,
unless a lesser distance is approved by the Planning Commission.
4. At its closest point, the radius of the approach/take off area is only 10 feet from a parking
lot maneuvering isle. A condition of the special use permit states that the plan must
ensure adequate separation between pedestrian circulation routes and the landing pad.
5. The applicant is planning on either painting a yellow X over the current helistop or
remove by grinding off paint.
6. This plan calls for the elimination of 13 parking spaces; however, they will still have
more parking than required once removed.
7. The Planning, Engineering, Fire, Police, and Public Works Department have no issues
with the site plan presented.
From west property line looking east. Current helistop is located just to the right. New helistop
will be located in landscape island on the left.
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Ordinance excerpt:
MC Medical Care
SECTION 905: 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. Any permitted use, which includes provision for drive-up window services.
2. Pharmacies with drive-up window service.
3. Parking decks (associated with uses permitted in the HC district) exceeding two (2) levels
above grade (roof parking is not counted as a deck) provided the setbacks for principal
buildings are met.
4. Specialized lodging facilities, including those with accessory conference centers and
restaurants used for visitors and patients of hospitals.
5. Accessory mobile medical technology units which will be stationed outside the grounds
of a hospital campus.
6. Interconnected systems of above and below ground corridors when traversing a public
right-of-way.
7. Helipads, heliports, and helistops, under the following conditions:
a. Helicopter access must be used for emergency transportation only.
b. All helipads must be located within the boundaries of the hospital campus and
shall be isolated from residential uses and screened from the street or adjoining
residential uses.
c. A specific hospital campus shall have only one primary functioning helipad,
however, a back-up or secondary helipad may exist subject to Planning
Commission approval.
d. There must be demonstrated compliance with the standards of the Michigan
Bureau of Aeronautics and the Federal Aviation Administration.
e. All landing and take-off sites (pads) shall be located not less than 100 feet from
all property lines, unless a lesser distance is approved by the Planning
Commission.
f. The landing and take-off site shall contain perimeter landscape, fencing, and/or
other facilities or structures, or combinations thereof.
g. The site shall be designed to ensure adequate separation between pedestrian
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circulation routes and the landing pad.
8. Power Plants – for hospital or medical facilities provided they are screened from off-site
view of residential areas by use of walls, berms, landscaping, and/or other approved
structures. Plants shall blend with the overall architectural character of attached and
surrounding structures and the hospital campus as a whole.
9. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
STAFF RECOMMENDATION
The plan meets the site plan requirements except for the distance of 100 feet from the property
line, unless approved otherwise by Planning Commission. Planning Commission must also
decide whether the plan ensures adequate separation between pedestrian circulation routes and
the landing pad.
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 905 of the Zoning Ordinance, to allow a
helistop in a MC, Medical Care District at 1500 E Sherman Blvd, by Mercy Health Partners, 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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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 - 4.
Hearing, Case 2011-06: Request for a Special Land Use Permit, per Section 1301 of the zoning
ordinance, to allow automobile sales in a B-4, General Business District at 2425 Henry St, by
Betten Automotive.
BACKGROUND
1. The applicant would like to purchase the old Sherwin-Williams property at 2425 Henry
St, demo the building, pave the lot and use it for additional car sales space.
2. The lot is 37, 461 sqft. The lot will be paved and make way for 105 new car sales spaces.
The existing grass buffers will remain, with the exception of a possible curb cut on Henry
St. The paved parking will total about 33,000 sqft.
3. The Fire, Police and Public Works Departments have no issues with the site plan as
presented.
4. The Engineering Department approves the plan with the following condition:
a. Storm sewer must be retained on site to the extend possible. A plan or an
detailed email of procedures will suffice.
5. The planning department approves the plan with the following condition:
a. The site plan must contain at least six landscape islands of at least 180 sqft in size
each or any number of landscape islands totaling at least 1,080 sqft.
View from the corner of Henry St / Pulaski Ave
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Ordinance Excerpt:
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
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.
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.
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MOTION FOR CONSIDERATION
I move that the special land use permit, per Section 1301 of Article XIII of the Zoning
Ordinance, to allow sales space for the sale of automobiles in a B-4, General Business District at
2425 Henry St, by Betten Automotive, 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. All signage requires a permit and must comply with the zoning ordinance.
2. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
3. The Special Land Use permit document shall be recorded with the register of deeds prior to
establishment of the use.
4. 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 - 4.
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