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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, February 10, 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 November 10, 2010.
III. PUBLIC HEARINGS
A. Hearing; Case 2011-01: Staff initiated request to amend Section 1500 (Principle Uses
Permitted) of Article XV (I-2, General Industrial Districts) of the zoning ordinance to
allow medical marijuana caregiver facilities as a principal use permitted in I-2, General
Industrial Districts.
B. Hearing; Case 2011-02: Staff initiated request to amend Section 2331 (Landscaping,
Fencing, Walls, Screens and Lighting) of Article XXIII (General Provisions) of the
zoning ordinance to modify the guidelines on outdoor lighting.
C. Hearing; Case 2011-03: Staff initiated request to rezone the property at 1221 W
Laketon Ave from RM-2, Medium Density Multiple Family Residential District to R-1,
Single Family Residential District.
IV. OLD BUSINESS
V. NEW BUSINESS
VI. OTHER
VII. Adjourn
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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
REGULAR MEETING
February 10, 2011
Case 2011- 01: Staff initiated request to amend Section 1500 (Principle Uses Permitted) of
Article XV (I-2, General Industrial Districts) of the zoning ordinance to allow medical marijuana
caregiver facilities as a principal use permitted in I-2, General Industrial Districts.
BACKGROUND
1. The City Commission passed a sixth month moratorium on medical marijuana facilities
on May 11, 2010. The moratorium was extended an additional 90 days on December 14,
2010. The moratorium will expire on March 14, 2011.
2. Staff from Planning, City Clerk, Police and the Managers Office have been working with
city attorney John Schrier on developing the proposed ordinance.
3. Under the Michigan Medical Marihuana Act, qualifying patients may either grow their
own product, up to 12 plants, or they may obtain it from a caregiver. Caregivers may
have a maximum of 5 patients and are allowed to grow up to 12 plants per patient.
4. The proposed amendments would allow qualifying patients to grow their own at home
without any involvement from the City. However, caregivers will only be allowed to
grow in I-2, General Industrial Zones and must follow the licensing guidelines of the
City. Caregivers will not be allowed to have signage.
5. Please see enclosed letter from John Schrier.
Ordinance Excerpt:
I-2 General Industrial
ARTICLE XV - I-2 GENERAL INDUSTRIAL DISTRICTS
PREAMBLE
The I-2 General Industrial Districts are established primarily for manufacturing, assembling, and
fabrication activities including large scale or specialized industrial operations whose external
physical effects may be felt to some degree by surrounding districts. The I-2 District is so
structured as to permit, in addition to I-1 Light Industrial District uses, the manufacturing,
processing and compounding of semi-finished or finished products from raw materials.
SECTION 1500: PRINCIPAL USES PERMITTED
In an I-2 General Industrial District, buildings and land may be used for one (1) or more of the
following specified uses, unless otherwise provided in this Article.
1. Any Principal Use Permitted in the I-1 District, subject to the requirements of this
District.
2. Primary metal industries, including foundries, smelting and refining of metal or alloys,
rolling and extruding plants.
3. Chemical plants whose manufacturing process produce products which are not hazardous
materials as defined in the Fire Code.
4. Paper and pulp manufacturing.
5. Power generating plants.
6. Junk yards and scrap metal processing.
7. Rubber manufacturing or the remanufacturing of rubber products.
8. Uses similar to the above principal uses.
SECTION 1501: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as a
special land use if it is found to meet the standards outlined in Section 2332 of this Ordinance,
subject to applicable conditions imposed by Ordinance or other reasonable conditions imposed
by the Planning Commission:
1. Any use with outside storage of aggregate, sand or other soil, or raw materials used in a
manufacturing process such as brick, tile manufacturing plants, asphalt and cement batch
plants.
2. Gasoline storage facilities.
3. Bulk storage or the production of acetylene, natural gas, and oxygen or other highly
explosive or toxic gases. The storage of such gases for use in a production process or of
an industry, business, or health care facility shall not be considered bulk storage.
4. Chemical plants whose manufacturing process produce products which are hazardous
materials as defined in the Fire Code.
5. Wind Turbine Facilities [10/09].
6. Uses similar to the above Special Land uses.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 1500 (Principle Uses Permitted) of Article XV (I-2, General Industrial
Districts).
8. Medical marihuana caregiver facilities to the extent licensed pursuant to City Code
Sections 34-101 through 34-107.
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DELIBERATION
I move that the proposed amendment to Section 1500 (Principle Uses Permitted) of Article XV
(I-2, General Industrial Districts), of the City of Muskegon Zoning Ordinance, be recommended
to the City Commission for (approval/denial).
Hearing; Case 2011-02: Staff initiated request to amend Section 2331 (Landscaping, Fencing,
Walls, Screens and Lighting) of Article XXIII (General Provisions) of the zoning ordinance to
modify the guidelines on outdoor lighting.
BACKGROUND
1. The outdoor lighting provisions in the zoning ordinance state that all lighting must be
down-type, having 100% cutoff. Many businesses feel that this is too restrictive and that
we can still maintain a dark sky initiative while allowing buildings to be illuminated
properly.
2. Under the current provisions, you may not illuminate a building from the ground up, but
you may illuminate a sign from the ground up. There are numerous businesses that
legally illuminate their signage from the ground up, many of these signs are on the
buildings themselves. These signs are properly lit and do not cause any glare or light
spill off.
3. The City of Muskegon is not a member of the International Dark-Sky Association.
Conforming sign lighting Non-conforming building lighting Conforming sign lighting
Shoreline Inn & Suites day and night
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Building illuminated with no glare or light spill off Fixture that shines upwards and
downwards – currently not allowed
Baker Culinary Institute of Michigan (approved lighting,
although is shouldn’t have been under current zoning
ordinance) Grandfathered lighting
Not allowed under current zoning ordinance
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Glare from exposed bulbs, not from light shining upwards.
ordinance excerpt:
14. Outdoor lighting in all districts: [amended 1/05] Outdoor lighting in newly developed
commercial and industrial uses, subdivisions, condominium projects and planned unit
developments, or replacement lighting for such developments and institutional uses, shall
be designed and constructed in such a manner to insure that:
a. Direct or directly reflected light is confined to the development site.
b. All light sources and light lenses are shielded.
c. No light sources or light lenses are directly visible from beyond the boundary of
the site.
d. Lighting fixtures shall be a down-type having one hundred percent (100%) cut
off. The light rays may not be emitted by the installed fixture at angles above the
horizontal plane passing through the lowest point on the light fixture from which
the light is emitted, as certified by the manufacturer's photometric test.
e. Light sources shall be high-pressure sodium or halogen. Approved exceptions
shall use warm white or natural lamp colors.
f. Lighting shall be equipped with baffling or other devices to assure that the above
requirements are achieved.
g. The applicant shall submit the specifications for the lights, poles, fixtures and
light sources to the City for approval prior to installation.
h. The height of light poles shall not exceed twenty-five (25) feet as measured from
average grade.
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NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 2331 of Article XXIII:
14. Outdoor lighting in all districts: [amended 1/05] Outdoor lighting in newly developed
commercial and industrial uses, subdivisions, condominium projects and planned unit
developments, or replacement lighting for such developments and institutional uses, shall
be designed and constructed in such a manner to insure that:
a. Direct or directly reflected light is confined to the development site.
b. All light sources and light lenses are shielded.
c. No light sources or light lenses are directly visible from beyond the boundary of
the site.
d. Lighting fixtures shall be a down-type having one hundred percent (100%) cut
off. The light rays may not be emitted by the installed fixture at angles above the
horizontal plane passing through the lowest point on the light fixture from which
the light is emitted, as certified by the manufacturer's photometric test. The
following exceptions apply:
1. Commercial and institutional uses may illuminate building facades
without one hundred percent cut off provided the light lenses are
shielded by a non-translucent fixture, only allowing the light to
shine upwards or downwards. Light shinning upwards must be
contained to the building with no spillage to the night sky or
adjacent properties. Lighting sources must be placed far enough
from building edges or there must be an architectural element
present to prevent the light from spilling off the building into the
night sky or adjacent properties.
2. Commercial and institutional buildings may illuminate building
facades from the ground up as long as the light is contained directly
on the building with no spillage to the night sky or adjacent
properties. Light lenses must be shielded and not visible from
adjacent properties.
e. Light sources shall be high-pressure sodium or halogen. Approved exceptions
shall use warm white or natural lamp colors. All exterior lighting luminaries
operating at greater than 100 watts shall contain lamps having a minimum
efficacy of 60 lumen/watt.
f. Lighting shall be equipped with baffling or other devices to assure that the above
requirements are achieved.
g. The applicant shall submit the specifications for the lights, poles, fixtures and
light sources to the City for approval prior to installation.
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h. The height of light poles shall not exceed twenty-five (25) feet as measured from
average grade.
STAFF RECOMMENDATION
Staff recommends approval of the proposed amendments because the request conforms to the
goals and recommendation of the City’s 2008 Downtown and Lakefront Redevelopment Plan to
“install a unified system of street furniture, lighting, and signage throughout the Downtown
core” and “evaluate lighting to ensure nighttime safety and aesthetics and the proper extension of
architectural lighting into adjacent areas.”
MOTION FOR CONSIDERATION
I move that the amendment to Section 2331 (Landscaping, Fencing, Walls, Screens and
Lighting) of Article XXIII (General Provisions) of the zoning ordinance to modify the guidelines
on outdoor lighting, be recommended to the City Commission for (approval/denial).
Hearing, Case 2011-03: Staff initiated request to rezone the property at 1221 W Laketon Ave
from RM-2, Medium Density Multiple Family Residential District to R-1, Single Family
Residential District.
Applicant: Planning Staff
Property Address/Location: 1221 W. Laketon Avenue
Request: Rezone from RM-2, Medium Density Multiple Family
Residential District to R, One Family Residential District
Present Land Use: Women’s Residential Shelter
Zoning: RM-2, Medium Density Multiple Family Residential
BACKGROUND
1. The property is a 5.63 acre parcel that presently contains a building owned and occupied
by Every Woman’s Place.
2. Every Woman’s Place was approved for a rezoning from R-1, Single Family Residential
District to RM-2, Medium Density Multiple Family Residential Distinct for their property
at 1221 W Laketon Ave. in September 2007.
3. City staff submitted a request in September 2008 to rezone the property back to R-1. The
request was tabled until the May 2009 Planning Commission meeting. The request was
finally denied on May 14, 2009 by Planning Commission and denied by City
Commission on May 26, 2009.
4. Every Woman’s Place was approved by Planning Commission in April 2009 for a 42,000
sqft addition to the existing 22,075 sqft. building. However, it appears that any
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expansion plans have stalled, and at the request of some City Commissioners, this
rezoning request is now before you.
5. A definition for Transitional Living Centers was approved by Planning Commission and
City Commission in October 2010. The zoning ordinance was amended to allow
Transitional Living Centers only in B-5, Governmental Service Districts. This
amendment made Every Woman’s Place a legally non-conforming use.
6. Any addition to the current Transitional Living Center would need Planning Commission
approval and may not exceed 25% of the current size of the facility. This would be
required whether the property is rezoned or not.
7. Both Nims and Campbell residents have shared concerns over the current zoning of the
property and the impact a large scale residential development, which would be allowed in
RM-2 Districts, would have on the neighborhoods.
Every Woman’s Place building Vacant portion of property to the west.
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Ordinance Excerpt:
ARTICLE VIII - RM-2 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICTS
PREAMBLE
The RM-2 Medium Density Multiple Family Residential Districts are intended to be selectively
planned at locations in the City so as to provide transition between nonresidential areas and One
and Two Family Residential Districts, and between nonresidential areas and the RM-1 Low
Density Multiple Family Residential.
SECTION 800: PRINCIPAL USES PERMITTED
In a RM-2 Medium Density Multiple Family Residential District no building shall be erected,
structurally altered, or occupied except for one (1) or more of the following specified uses,
unless otherwise provided for in this Ordinance:
1. All Principal Uses Permitted in the R One Family Residential Districts, RT Two Family
Residential Districts, and RM-1 Low Density Multiple Family Residential Districts,
subject to the applicable regulations of this District.
2. Accessory uses and accessory buildings customarily incidental to the above Principal
Uses Permitted.
3. Adult Foster Care Large Group Homes. [amended 11/02]
4. Uses similar to the above Principal Uses Permitted.
SECTION 801: SPECIAL LAND USES PERMITTED [amended 2/02] [amended 2/03]
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. All Section 601 and 701 Special Land Uses Permitted in the RT Two Family Residential
Districts and RM-1 Low Density Multiple Family Residential Districts, subject to the
applicable regulations of this District.
2. Adult Foster Care Congregate Facilities, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended 11/02]
3. 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]:
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:
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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
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.
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4. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
5. Uses similar to the above Special Land Uses Permitted.
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject property from RM-2, Medium
Density Multiple Family district to R-1, Single Family Residential district, because the request
conforms to the goals and recommendation of the City’s 1997 Master Plan and Future Land Use
Plan and zoning district intent.
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.
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The following motion is offered for consideration:
I move that the request to rezone the property located at 1221 W Laketon Ave from RM-2,
Medium Density Multiple Family Residential District to R-1, Single Family Residential 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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