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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, February 12, 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 January 15, 2009.
III. PUBLIC HEARINGS
A. Hearing; Case 2009-02: Request for a Special Land Use Permit, per Section
1301 (#1) of Article XIII (B-4, General Business Districts) of the Zoning
Ordinance to allow a used car lot in a B-4 district at 2272 Henry Street, by David
McLaughlin, McLaughlin Motorz, LLC.
IV. NEW BUSINESS
A. Case 2009-03: Request for Site Plan Review for the property located at 1221 W.
Laketon Avenue, by Susan Johnson, Every Woman’s Place, Inc.
V. OTHER
A. Great Lakes Naval Museum – Chris Jensen
VI. Adjourn
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Muskegon, MI 49440
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
February 12, 2009
Hearing; Case 2009-02: Request for a Special Land Use Permit, per Section 1301 (#1) of
Article XIII (B-4, General Business Districts) of the Zoning Ordinance to allow a used car lot in
a B-4 district at 2272 Henry Street, by David McLaughlin, McLaughlin Motorz, LLC.
BACKGROUND
Applicant: David McLaughlin, McLaughlin Motorz, LLC
Property Address/Location: 2272 Henry Street
Request: Special Land Use Permit for a Used Car Lot
Present Land Use: Auto Repair and Sales
Zoning: B-4, General Business
STAFF OBSERVATIONS
1. The subject property is the present location of American Auto Works. The primary use of
the property is for minor auto repair, but a special land use permit was issued in 1995 for
used car sales, as well. At some point the property changed hands and the new owner
continued both uses on the site.
2. This request is for an additional special land use permit for a different auto dealer, who is the
applicant in this request.
3. Properties in all directions are zoned B-4, General Business.
4. In 2001, Serge Kelly, the property owner applied to the Planning Department for site plan
review for a 68 x 60 ft. expansion of the parking area in the rear of the property. This request
was reviewed and approved at the staff level.
5. No additional paving or other physical changes to the outside of the building are being
requested. Some new striping of the parking area in the front of the building will be made.
All other elements of the site plan have been complied with.
6. The following conditions are required for a special land use permit for used vehicle sales in a
B-4 zoning district, both of which are met on this site:
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
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being only permitted in the I-1 or I-2 Industrial Districts.
7. The Fire and Engineering Departments, along with the DPW have no issues with this request.
8. Staff has received no comments regarding this request.
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ORDINANCE EXCERPTS
SECTION 1301: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when there is no change to buildings or existing facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and
recreational vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets:
b. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 or I-2 Industrial Districts.
2. Flea markets and auctions.
3. Business in the character of a drive-in restaurant or open front store, subject to the
following:
a. A setback of at least sixty (60) feet from the street right-of-way line of any
existing or proposed major thoroughfare shall be maintained.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and other
outdoor recreation activities subject to the following: [amended 2/02]
a. Amusement parks or amusement facilities must be fenced on all sides with a four
foot six inch (4'-6") high wall or fence.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major
thoroughfares and shall not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-street
waiting space. No vehicle shall be permitted to wait or stand within a dedicated
road right-of way.
6. Private clubs, lodges, social and similar facilities.
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7. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of building that exceeds the maximum
height allowed.
8. Commercial Kennels.
9. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One (1) parking space shall be provided for each twenty (20) rental units
within the buildings, and one (1) parking space shall be provided for each
employee on site.
c. Between warehouses, there shall be a minimum of twenty five (25') feet
for internal access drives. Traffic direction and parking shall be designated
by signaling or painting.
d. The lot area used for parking and access shall be provided with a
permanent, durable, dustless surface and shall be graded and drained so as
to dispose of all surface water.
e. All lighting shall conform to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of areas
adjacent to any residential zone or use.
g. Retail, wholesale, fabrication, manufacturing, or service activities may not
be conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery
or pick-up of goods in truck in excess of one and one-half (1.5) ton rated
capacity shall be permitted.
i. All storage shall be within the enclosed building area. There shall be no
outside storage or stockpiling.
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j. No storage of hazardous, toxic, or explosive materials shall be permitted at
the facility. Signs shall be posted at the facility describing such
limitations.
10. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the Noise
Ordinance enacted by the City of Muskegon. No music (either live or piped) will
be permitted outside the building.
b. The business will maintain security staff, both inside and outside the building, at
all times when open to customers. Loitering will not be permitted on or around
the site.
c. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
e. Security lighting will be provided for the site.
11. Taxi/Limousine Services [amended 5/04]
12. Craft Shops [amended 5/08]
13. Accessory uses and accessory buildings customarily incidental to the above Special Land
Uses Permitted.
14. Uses similar to the above Special Land Uses Permitted.
RECOMMENDATION
The 1997 Master Plan Future Land Use Map identifies the property as “Commercial”. Based on
compliance with the 1997 Master Plan, staff recommends approval of the request.
DELIBERATION
Standards for Special Uses [derived from Section 2332]
Emphasis provided
Prior to authorization of any Special Land Use, the Planning Commission shall:
1. Give due regard to the nature of all adjacent uses and structures and the consistency with
the adjacent use and development.
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2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
Special Land Use or activity.
4. The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the special land use permit, per section 1301 (#1) of Article XIII of the Zoning
Ordinance, to allow a used car lot in a B-4, General Business zoning district at 2272 Henry
Street, by David McLaughlin, McLaughlin Motorz, LLC, be (approved/denied/tabled), based on
(compliance/lack of compliance) with the City’s Master Land Use Plan and conditions set forth
in Section 2332 of the City of Muskegon Zoning Ordinance (based on the following conditions--
only if approved):
CONDITIONS
1. The parking areas shall be striped to accommodate cars as per the site plan.
2. Any new signage must comply with the zoning ordinance. Permits are required.
3. The owner shall permit the zoning administrator or other zoning staff in the premises at
reasonable times to review compliance with this permit.
4. The special land use permit 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 conditions 1 & 2.
5. The Special Land Use permit document shall be recorded with the register of deeds prior to
occupying the building.
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NEW BUSINESS
Case 2009-03: Request for Site Plan Review for the property located at 1221 W. Laketon
Avenue, by Susan Johnson, Every Woman’s Place, Inc.
The applicant has requested that this application be tabled until the April Planning
Commission meeting. Their site plan is still in process.
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