Planning Commission Packet 08-10-2006

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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING

DATE OF MEETING: Thursday, August 10, 2006
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 meeting of July 13, 2006.

IV. PUBLIC HEARINGS

A. Hearing; Case 2006-30: Request to vacate the Northerly unimproved section of
Wells Avenue, by Randall White, Scholten Fant, representing Mercy General
Hospital.
B. Hearing; Case 2006-31: Staff initiated request to rezone the properties at 209 &
155 E. Walton Avenue and 185 E. Muskegon Avenue from B-4, General
Business, to R-1,One Family Residential District.
C. Hearing; Case 2006-32: Request for preliminary Planned Unit Development for
mixed use retail and commercial approval for Terrace Lots, between Terrace
Street, Western Avenue, and Shoreline Drive, by Carl Miskotten, Downtown
Muskegon Believers, LLC.
D. Hearing; Case 2006-33: Request for final Planned Unit Development approval
for mixed use retail and commercial for Terrace Lots, between Terrace Street,
Western Avenue, and Shoreline Drive, by Carl Miskotten, Downtown Muskegon
Believers, LLC.
E. Hearing; Case 2006-34: Request for a preliminary Planned Unit Development
approval for a mixed use commercial and residential development for the
southerly portion of 1266 W. Sherman Boulevard, the Northerly portion of 1228
W. Sherman, a portion of 1254 W. Sherman and a portion of 2495 Barclay Street,
by Hazel Churchley, Exit Your Way, LLC.
F. Hearing; Case 2006-35: Staff initiated request to amend Section 2334 (Signs,
#5, h) of Article XXIII, to clarify window signage allotments.
G. Hearing ; Case 2006-36: Staff initiated request to amend (Section 2319,
Residential Design Criteria, #2) to allow the roof pitch of additions to correspond
to the principal structure.

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V. OLD BUSINESS

A. Case 2006-28: Request for Site Plan Review for parking lot expansion and
reconfiguration at the Northeast corner of Laketon Avenue and Hoyt Street, by
Hackley Hospital – Remains tabled.

VI. NEW BUSINESS

A. Case 2006-37: Request for Site Plan Review for a new naval museum building
(Silversides) at 3800 Bluff and 1260 Browne Streets, by Hughes Builders.

B. Case 2006-37: Request for Site Plan Review for a microbrewery and restaurant at
902 Pine Street, by Steve and Jenna Clark-Bruzka, Muskegon Brewing and
Distilling Company.

VII. OTHER

VIII. 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:

Gail A. Kundinger, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231) 724-6705

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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING

August 10, 2006

Hearing; Case 2006-30: Request to vacate the Northerly unimproved section of Wells
Avenue, by Randall White, Scholten Fant, representing Mercy General Hospital.
BACKGROUND
This request involves a private street within the Mercy General Oak campus. This street,
along with some others in the area, was platted and developed in the 1970s as part of the
hospital’s office complex development. It was recently discovered that the actually
property description of the street and abutting properties doesn’t match where the street is
physically located. In an attempt to amend the plat, the hospital must vacate the
undeveloped portion of the street, which is actually located in the front yards of some of
the buildings along Wells Street. No physical changes will take place as a result of this
vacation, only a replatting of the street and parcels located along the street.
Randall White, of Scholten Fant, will be present at the meeting to give a more detailed
explanation of the issues.
DPW has no issues with the request, as along as no changes are made to the street.
Staff has received no comments regarding this request.
STAFF RECOMMENDATION

Staff recommends approval of the request.

DELIBERATION

I move that the vacation of the Northerly unimproved section of Wells Avenue, 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.

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Hearing; Case 2006-31: Staff initiated request to rezone the properties at 209 & 155 E.
Walton Avenue and 185 E. Muskegon Avenue from B-4, General Business, to R-1,One
Family Residential District.

BACKGROUND

Applicant: City of Muskegon
Property Address/Location: 209 & 155 E. Walton Avenue and 185 E. Muskegon
Avenue
Request: Rezone from B-4, General Business District to R-1,
One Family Residential District
Present Land Use: Vacant
Zoning: B-4, General Business

STAFF OBSERVATIONS
1. The property which is the subject of this request is owned by the City and is
located across E. Walton Street from the Farmer’s Market.
2. The request is to rezone the property from B-4, General Business District to R-1,
One Family Residential District.
3. The properties to the west and northwest, which includes the Farmer’s Market, are
zoned B-4, General Business District, to the northeast, east, and southeast, the
zoning is R-1, One Family Residential District. The zoning to the southwest RM-
1, Low Density Multiple Family Residential District.
4. Walton Street has recently been redeveloped with several single family homes
through the City of Muskegon Community & Neighborhood Services programs.
The property at 181 W. Walton is currently being developed as a single family
home by J2 Properties Developers and Construction Company, LLC.
5. The City has been approached by the same developer to possibly purchase 209
Murphy Street for more residential development.
6. The Farmer’s Market site has been discussed as a possible residential building
site, if the Market is relocated to another site in the future.
7. The City’s Future Land Use Map supports neighborhood rehabilitation of homes
and home sites in this area.
8. Staff has received no comments regarding this request.

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209 E. Walton Avenue 155 E. Walton Avenue

185 E. Muskegon Avenue

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B-4 General Business

ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS

PREAMBLE

The B-4 General Business District is designed to provide for a wide variety of business
activities including automotive services and goods, and is generally incompatible with the
uses in the B-1, B-2, and B-3 Business Districts. Placement along presently developed
major traffic arteries prevents the conflict of traffic and pedestrian movement since the
General Business District is characterized by a minimum of pedestrian flow. The B-4
General Business Districts have been located in areas designated on the adopted Land
Use Plan.

SECTION 1300: PRINCIPAL USES PERMITTED

In the B-4 General Business District, no building or land shall be used and no building
shall be erected, structurally altered, or occupied except for one (1) or more of the
following specified uses, unless otherwise providing in this Ordinance:

1. Veterinarian clinics, without outdoor kennels.

2. Bus passenger stations.

3. Stores selling second hand merchandise.

4. Funeral homes.

5. Automobile car wash, when completely enclosed in a building.

6. Auto service stations for the sale of gasoline, oil, and accessories, subject to the
following:

a. The curb for ingress and egress to a service station shall not be permitted
at such location 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 road right-of-way)
or from adjacent residential districts.

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. Major automobile repair, engine and body repair, steam cleaning and
undercoating may be allowed when conducted on the site, and said uses
shall be within a completely enclosed building. The storage of wrecked
automobiles on the site shall be obscured from public view. No

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automobile or vehicle of any kind shall be stored in the open for a period
exceeding one (1) week.
d. All rest rooms doors shall be shielded from adjacent streets and residential
districts.

e. Dispensing pumps shall be set back twenty (20) feet from the right-of-way
line.

7. Self service laundry and dry cleaning establishments.

8. Amusement, entertainment, and recreational, including bowling alleys and skating
rinks.

9. Storage of non-hazardous and non-toxic materials or goods provided such storage
is within a building or is enclosed as not to be visible to the public from any
abutting residential district or public street.

10. Theaters, when completely enclosed.

11. Banks, with or without drive-in facilities.

12. Restaurants and cocktails lounges.

13. Motels and hotels.

14. Residential uses as part of a building in this business zone shall be allowed upon
issuance of a Certificate of Occupancy from the Department of Inspections, but
provided that the minimum lot area requirements of the RM-3 District are met.

15. Assembly of small parts provided that there shall be no machining, painting,
cutting, grinding, or welding of parts.

16. Business schools, or private schools operated for profit. Examples of private
schools permitted herein include, but are not limited to, the following: dance
schools, music and voice schools, and art studios: [amended 5/02]

a. Parking is required to be provided on the same site as the building. Shared
parking will be allowed, if it is irrevocable, and if it will not consume any
parking needed for a separate use.

17. Principal Uses as permitted in B-2 Districts.

18. Accessory buildings and accessory uses customarily incidental to the above
Principal Uses Permitted.

19. Uses similar to the above Principal Uses Permitted.

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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.

7. Churches and other facilities normally incidental thereto subject to the following
conditions:

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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.

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.
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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. Accessory uses and accessory buildings customarily incidental to the above
Special Land Uses Permitted.

13. Uses similar to the above Special Land Uses Permitted.

14. Non-accessory signs provided that the signs conform to Section 2308 (1) (f) of
this code.

SECTION 1302: 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-4 General Business Districts 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 permitted commercial uses.

SECTION 1303: AREA AND BULK REQUIREMENTS [amended 4/00]

1. Minimum lot size: 10,890 sq. feet.

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2. Maximum lot coverage:
Buildings: 70 %
Pavement: 25 %

3. Lot width: 100 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: 2 stories or 35 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

7. Rear setback: 10 feet

8. Setback from the ordinary high water mark or wetland: 75 feet (principal
structures only).

9. Side setbacks:
1-story: 8 feet and 12 feet
2-story: 10 feet and 14 feet

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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
and/or one side 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]

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ARTICLE IV - R ONE FAMILY RESIDENTIAL DISTRICTS

PREAMBLE

These districts are designed to be composed of low density residential development. The
regulations are intended to stabilize, protect, and encourage the residential character of
the district and prohibit activities not compatible with a residential neighborhood.
Development is limited to single family dwellings and such other uses as schools, parks,
churches, and certain public facilities which serve residents of the district. It is the intent
of these districts to recognize that the City of Muskegon has been developed and platted
with some lots that are smaller than those found in recently urbanized communities, and
the standards in Section 2100 reflect residential development standards that the citizens
of Muskegon find to be compatible.

SECTION 400: PRINCIPAL USES PERMITTED

In R, One Family Residential, Districts no building or land shall be used and no building
shall be erected, structurally altered, or occupied except for one or more of the following
specified uses, unless otherwise provided in this Ordinance;

1. One Family detached dwellings.

2. Home occupations of a non-industrial nature may be permitted. Permissible home
occupations include, but are not limited to the following: [amended 11/02]

a. Art and craft studios, lessons may be given to one client at a time

b. Hair and nail salons, limited to one client at a time

c. Dressmaking and tailoring

d. Tutoring, limited to one student at a time

e. Typing or clerical services

f. Teaching of music or dancing or similar instruction, limited to one client
at a time

g. Offices located within the dwelling for a writer, consultant, member of the
clergy, lawyer, physician, architect, engineer or accountant, limited to one
client/family at a time.

h. All home occupations are subject to the following:

i) The businessperson operating the home occupation shall reside in the
dwelling and only members of the immediate family residing on the
premises may be employed.

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ii) The business shall have a local business license and any other
appropriate licensing or registrations required by local, state or federal
law.
iii) No equipment or process shall be used in home occupations which
creates noise, vibration, glare, fumes, odor, or electrical interference
detectable to the normal senses of persons off the lot. In the case of
electrical interference, no equipment or process shall be used which
creates visual or audible interference with any radio or television
receivers off the premises or causes fluctuations in the line voltage off
the premises.

iv) Explosives, flammable liquids or combustible liquids shall only be
used in compliance with the applicable fire and building codes.

v) Activities involving kilns or welding equipment shall comply with the
applicable fire and building codes.

vi) The outside appearance of the premises shall have no visible evidence
of the conduct of a home occupation.

vii) Home occupations may not serve as headquarters or dispatch centers
where employees come to the site and are dispatched to other
locations.

viii) All activity must be conducted within a preexisting structure. The
home occupation shall not require internal or external alterations or
involve construction features not customarily found in dwellings.

ix) There shall be no exterior display or signage other than that signage
allowed for home occupations under the sign requirements of this
ordinance. [amended 11/00]

x) No goods shall be kept, or sold which are made or assembled off-site,
except as incidental to services rendered.

xi) The primary function of the premises shall be that of the residence of
the family, and the occupation shall not exceed twenty-five (25)
percent of the principal building.

xii) There shall be no outside storage or processing.

xiii) The home occupation shall not involve the routine use of
commercial vehicles for delivery of materials to and from the
premises. There shall be no commercial vehicles associated with the
home occupation, nor parking of more than one (1) business car,
pickup truck or small van on the premises.

xiv) Activities specifically prohibited (but not limited to) include:
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(1) A service or repair of motor vehicles, appliances and other
large equipment

(2) A service or manufacturing process which would normally
require industrial zoning

(3) A commercial food service requiring a license

(4) A limousine service

(5) A lodging service including but not limited to, a tourist
home, motel or hotel

(6) A tattoo parlor

(7) An animal hospital or kennel

(8) A lawn service

xv) No activity legally excluded by any deed restriction or other tenant or
owner restrictions shall be permitted.

3. Adult Foster Care Family Homes, provided that such facilities shall be at least one
thousand five hundred (1,500) feet from any other similar facility. [amended
11/02]

4. Accessory buildings and accessory uses customarily incidental to any of the
above Principal Uses Permitted.

5. Uses similar to the above Principal Uses Permitted.

SECTION 401: SPECIAL LAND USES PERMITTED
[amended 2/02]

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.
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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 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
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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]:

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.
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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.

7. Accessory buildings and accessory uses customarily incidental to any of the
above Special Land Uses Permitted.

8. Uses similar to the above Special Land Uses Permitted.

SECTION 402: [RESERVED] [amended 8/01]

SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [amended 12/97]

Planned unit developments (PUDs) may be allowed by the Planning Commission under
the procedural guidelines of Section 2101. The intent of Planned Unit Developments in
the single family residential district is to allow for flexibility in the design of housing
developments, including but not limited to condominium developments and cluster
subdivisions, to allow for the preservation of open space; allow for economies in the
provision of utilities and public services; provide recreational opportunities; and protect
important natural features from the adverse impacts of development.

1. Determination: The Planning Commission, in reviewing and approving a
proposed PUD may allow lots within the PUD to be reduced in area and width
and setbacks below the minimum normally required by this ordinance in return
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for common open space where it is determined that the benefits of the cluster
approach will decrease development costs, increase recreational opportunities, or
prevent the loss of natural features. The Planning Commission, in its
determination, shall consider the densities permitted in the Zoning Ordinance and,
if applicable, the land’s capability to bear the higher density.

2. Basic Requirements:

a. T
he net residential acreage including improvements
and occupied land shall be calculated by taking the
total area of the tract and subtracting, in order, the
following:

1) Portions of the parcel(s) shown to be in a
floodplain.

2) Portions of the parcel(s) which are
unsuitable for development in their natural
state due to topographical, drainage or
subsoil conditions such as, but not limited
to; slopes greater than 15%; organic, poorly
drained soils, and wetlands.

3) Portions of the parcel(s) covered by surface
waters.

4) Portions of the tract utilized for storm water
management facilities.

b. U
ndevelopable areas may be used for common open
and recreational areas.

c. No building shall be sited on slopes steeper than
15%, within 100 feet of any ordinary high water
mark, wetland, or on soil classified as being very
poorly drained.

3. Density determination: To determine the maximum number of dwelling units
permitted on the parcel(s) of land, the net residential acreage shall be divided by
the minimum lot size required by the zoning ordinance.

4. Open space requirement: At least 15% of the site shall be set aside as dedicated
common open space. At least one third (1/3) of the common open space shall be
usable open space. The open space and access to it shall be permanently marked
and designed so individuals in the development are not forced to trespass to reach
such recreational or common open spaces.
19
5. Spacing: The distance between buildings shall not be less than 10 feet and front
setbacks shall not be less than 10 feet. In no case shall an individual dwelling lot
be less than 4,000 square feet.

6. Waterfront: Where a cluster development abuts a body of water, at least 50% of
the shoreline, as well as reasonable access to it, shall be a part of the common
open space land.

7. Utility of common open space: Common open space in any one residential
cluster shall be laid out, to the maximum extent feasible, to connect with other
open space existing or proposed.

8. Size: Minimum parent parcel size is 21,780 square feet (one-half acre).

9. Bonus units: Where the developer provides additional open space or amenities
within the development, additional density may be granted. A maximum of a
10% unit bonus may be granted to the development for additional amenities such
as: public trail easements, additional open space, additional common waterfront
area, and additional landscaping.

SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]

1. Minimum lot size: 6,000 sq. feet

2. Density (see definition in Article II): 7 dwelling units per buildable acre.

3. Maximum lot coverage:
Buildings: 50%
Pavement: 10%

4. Lot width: 50 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).

5. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than
three (3) times longer its width.
6. Height limit: 2 stories or 35 feet.

7. Front Setbacks: [amended 1/05]
Minimum:
20
Expressway or Arterial Street: 30 feet
Collector or Major Street: 25 feet
Minor Street: 15 feet

Note: For minimum front setbacks new principal structures on minor streets may align
with existing principal structures in the immediate area even if the front setback is
below the minimum required.

8. Rear setback: 30 feet

9. Setback from the ordinary high water mark or wetland: 30 feet (principal
structures only).

10. Side setbacks:
1-story: 6 feet and 10 feet
2-story: 8 feet and 12 feet

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]

11. Zero lot line option: New principal buildings may be erected on the rear lot line
and/or one side 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.

21
RECOMMENDATION
Staff recommends approval of the request.

MOTION FOR CONSIDERATION

I move that the request to rezone the property located at 209 & 155 E. Walton Avenue
and 185 E. Muskegon Avenue from B-4, General Business district to R-1, One 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 Plan and zoning district intent.

22
Hearing; Case 2006-32: Request for preliminary Planned Unit Development for mixed
use retail and commercial approval for Terrace Lots, between Terrace Street, Western
Avenue, and Shoreline Drive, by Carl Miskotten, Downtown Muskegon Believers, LLC.

BACKGROUND

Applicant: Carl, Miskotten, Downtown Muskegon Believers,
LLC
Property Address/Location: “Terrace Lots”, between Terrace Street, Western
Avenue & Shoreline Drive
Request: Preliminary Planned Unit Development (PUD)
Present Land Use: Vacant
Zoning: B-2, Convenience and Comparison Business

23
24
25
Planned Unit Developments

Excerpted from Section 2101: Development Options

1. Planned Unit Development (PUD) Purpose

The purpose of this option is to permit flexibility in the regulation of land
development; encourage innovation in land use and variety in design, layout, and
type of structures constructed; achieve economy and efficiency in the use of land,
natural resources and utilities; encourage provision of useful open space; provide
adequate housing, employment, and shopping opportunities particularly suited to
the needs of the residents of the City of Muskegon and encourage the use, reuse,
and improvement of existing sites and buildings when the uniform regulations
contained in zoning districts do not provide adequate protection and safeguards
for the site or surrounding area.

This option is intended to accommodate developments with mixed or varied uses,
to allow some degree of flexibility in the application of standards and regulations
in this Ordinance to achieve innovation to development on sites with unusual
topography or unique settings within the community, or on land which exhibits
difficult or costly development problems, and shall not be allowed where this
option is sought primarily to avoid the imposition of standards and requirements
of zoning classifications rather than to achieve the stated purposes above.

a. Planned Unit Development Regulations, Standards and Requirements

1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written
authorization of all property owners.

2) The application shall meet the criteria established in each
specified zoning district.

b. PUD Review Procedures

1) A petition for a PUD approval shall be submitted in accordance
with Section 2332 of this ordinance.

2) The review shall be in two phases:

3) The preliminary phase shall involve a review of a conceptual PUD
plan to determine its suitability.

4) The final phase shall require a detailed development plan for any
part of the approved conceptual PUD plan.

26
c. Standards for Approval of PUD Plans

The Planning Commission shall approve, deny or modify preliminary
PUD plans, based upon the following standards. Likewise, the City
Commission shall approve, deny, or modify final PUD plans (after review
and recommendation by the Planning Commission) based upon the
following standards.

1) The uses proposed will have a beneficial effect, in terms of public
health, safety, welfare, or convenience of any combination thereof,
on present and potential surrounding land uses. The uses proposed
will not adversely affect the public utility and circulation systems,
surrounding properties, or the environment.

2) The uses proposed should be consistent with the land use plans
adopted by the City.

3) The amount of open space provided, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of
this ordinance.

4) The amount of off-street parking areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of
this ordinance.

5) The amount of landscaping and buffering areas, which the
Planning Commission or City Commission may modify even
though such modifications do not conform to that required in other
sections of this ordinance.

6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.

7) The uses proposed will result in safe, convenient, uncongested and
well defined vehicular and pedestrian circulation systems.

2. Preliminary PUD Plan Submission

The applicant shall submit together with the application for PUD preliminary
phase approval:

a. A general development plan depicting the proposed locations of streets,
parking areas, open spaces, buildings and structures, and their spatial
relationships, the relationship to off-site improvements and infrastructure
and any unusual topographic features.

27
1) Approval by the Planning Commission of the PUD Preliminary
Plan shall remain in effect for a period not to exceed three (3)
years from the date of approval.
3. Final PUD Plan Submission

The applicant shall submit together with the application for PUD final phase
approval, development plans in sufficient detail and in so far as possible the
specific locations and dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck
docks and service drives;

b. all buildings and structures, elevations and spacial relationships;

c. landscaping, buffers, fences, and protective walls;
b. open space areas and other significant environmental features;
c. existing and final topographic changes;
d. identification and directional signage:
e. a property survey prepared and certified by a licensed land surveyor;

4. Amendments to an Approved Final PUD Plan

a. Incidental or minor changes may be approved by the Planning
Commission if the proposed modifications do not alter the basic
design or land uses of the plan.

b. If the Planning Commission determines that the proposed
modifications are significant or major, a public notice and public
hearing in accordance with Section 2332 must be conducted prior
to approval or denial.

5. PUD Development Time Limits

a. Construction of the improvements shown on the approved final
PUD plan with all proposed buildings, parking areas, landscaping
and infrastructure must commence within one year of approval by
the City Commission.

b. Construction must be continued in a reasonable, diligent manner
and be completed within five (5) years.

a. Said five (5) year period may be extended if applied for in writing
by the petitioner and granted by the City Commission following
public notice and public hearing in accordance with Section 2332
of this ordinance. Failure to secure an extension shall result in a
stoppage of all construction.

28
STAFF RECOMMENDATION
Staff recommends approval of the request for a Preliminary PUD for the Terrace Lots,
between Terrace Street, Western Avenue, and Shoreline Drive.

DELIBERATION
Standards for discretionary uses: (emphasis provided)

1. Give due regard to the nature of all adjacent uses and structures and the consistency
with the adjacent use and development.

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
activity.

4. The proposed site plan complies with section 2331of 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 Preliminary PUD for a mixed-use recreational and commercial
development on the “Terrace Lots”, between Terrace Street, Western Avenue and
Shoreline Drive be (approved/denied) pursuant to the determination of (compliance/lack
of compliance) with the intent of the City Zoning Ordinance and City Master Land Use
Plan.

29
Hearing; Case 2006-33: Request for final Planned Unit Development approval for
mixed use retail and commercial for Terrace Lots, between Terrace Street, Western
Avenue, and Shoreline Drive, by Carl Miskotten, Downtown Muskegon Believers, LLC.

BACKGROUND

STAFF OBSERVATIONS
1. This property was formerly known as the “Terrace Lots”, and was recently sold to
the developer by the City of Muskegon.
2. The property is presently zoned B-2, Convenience and Comparison Business. All of
the proposed uses can’t be accommodated under the present zoning, there a PUD has
been requested.
3. The properties to the north and west which includes National City Bank and the
Smart Zone, is also zoned B-2. The zoning to the east is B-4, General Business
District, and to the south is B-3, Central Business District
4. The request for the PUD is for development of retail/commercial and small specialty
food establishments. A restaurant, a Harley Davidson dealership, as well as new and
used car dealerships are included on the site plan.
5. Staff has the following concerns regarding the site plan:
a. There are no sidewalks provided on the site, other that in front of
the proposed restaurant and Harley dealership. Sidewalks should
be provided around the perimeter of the site connecting to those
proposed for the new Central Fire Station.
b. The site plan needs to be amended to reflect the proper front
setback on Shoreline Drive of 30 feet. The portion of the parking
that is located in the front setback needs to be removed or moved
back.
c. The minimum size for all parking spaces is 8 x 18 ft. There is no
special size designation for motorcycles, and the spaces designated
for motorcycles facing Shoreline Drive do not meet the minimum
size.
d. Parcel dimensions need to be provided on the site plan.
e. Height of the proposed structures need to be shown.
f. Location, type, height and design of all outdoor lighting must be
shown. All lighting must 100% cut-off style.
g. Show specs for dumpster screening.
30
h. Show locations of all fire lanes, fire lock boxes, hydrants,
standpipes and security lighting.
i. A landscaping plan needs to be submitted that meets the zoning
ordinance.
6. The Engineering had the following conditions:
a. Shift the southwesterly drive or realign the median in Terrace Street.
7. The Fire Department had no comments at the time the staff report was written.
8. Planning staff has the following concerns:
a. Where will storm water runoff be contained? There is a low area boarding
Shoreline Drive that could be used for retention ponds or swales, and
could also be used to attractively landscape the site. There doesn’t appear
at this time to be adequate open areas to accommodate the amount of
landscaping needed to meet the zoning ordinance requirements.
b. Will there be some sort of retaining wall constructed along the property
line between the Central Fire Station and the PUD site? The topography
drops off significantly along the northerly Central Fire Station property
and behind the proposed restaurant. With parking lots located so close to
the property line on both sites, something will need to be done to control
erosion.
c. There seems to be an excessive amount of paved areas on the site. There
are 549 parking spaces shown for cars and motorcycles. With several
different businesses sharing the parking, it is difficult to calculate the
proper amount of parking. Perhaps more attention to the previous
comments regarding a retention pond area would help alleviate this
problem.
d. Staff has further concerns with pedestrian access through the site. There
aren’t any designated walkways leading from one business to another,
therefore pedestrians are forced to walk through open drives and parking
areas, which could compromise their safety.

9. Staff has received no comments regarding this request.

31
32
Planned Unit Developments

Excerpted from Section 2101: Development Options

1. Planned Unit Development (PUD) Purpose

a. Planned Unit Development Regulations, Standards and Requirements

1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written
authorization of all property owners.

33
2) The application shall meet the criteria established in each specified
zoning district.

a. PUD Review Procedures

1) A petition for a PUD approval shall be submitted in accordance
with Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD
plan to determine its suitability.
4) The final phase shall require a detailed development plan for any
part of the approved conceptual PUD plan.

b. Standards for Approval of PUD Plans

1) The uses proposed will have a beneficial effect, in terms of public
health, safety, welfare, or convenience of any combination thereof, on
present and potential surrounding land uses. The uses proposed will
not adversely affect the public utility and circulation systems,
surrounding properties, or the environment.

2) The uses proposed should be consistent with the land use plans
adopted by the City.

3) The amount of open space provided, which the Planning Commission
or City Commission may modify even though such modifications do
not conform to that required in other sections of this ordinance.
4) The amount of off-street parking areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.

5) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.

6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.

7) The uses proposed will result in safe, convenient, uncongested and
well defined vehicular and pedestrian circulation systems.
34
6. Preliminary PUD Plan Submission

The applicant shall submit together with the application for PUD preliminary
phase approval:

1) Approval by the Planning Commission of the PUD Preliminary Plan
shall remain in effect for a period not to exceed three (3) years from
the date of approval.

7. Final PUD Plan Submission

The applicant shall submit together with the application for PUD final phase
approval, development plans in sufficient detail and in so far as possible the
specific locations and dimensions of:

a. all streets, sidewalks, public and private utilities, parking areas,
truck docks and service drives;

b. all buildings and structures, elevations and spatial relationships;

c. landscaping, buffers, fences, and protective walls;

d. open space areas and other significant environmental features;

e. existing and final topographic changes;

f. identification and directional signage:

g. a property survey prepared and certified by a licensed land
surveyor;

8. Amendments to an Approved Final PUD Plan

b. Incidental or minor changes may be approved by the Planning
Commission if the proposed modifications do not alter the basic
design or land uses of the plan.

c. If the Planning Commission determines that the proposed
modifications are significant or major, a public notice and public
hearing in accordance with Section 2332 must be conducted prior
to approval or denial.

35
9. PUD Development Time Limits

b. Construction must be continued in a reasonable, diligent manner
and be completed within five (5) years.

c. Said five (5) year period may be extended if applied for in writing
by the petitioner and granted by the City Commission following
public notice and public hearing in accordance with Section 2332
of this ordinance. Failure to secure an extension shall result in a
stoppage of all construction.

36
STAFF RECOMMENDATION
Staff recommends approval of the request for a Final PUD, and the associated site plan,
for the “Terrace Lots”, between Terrace Street, Western Avenue, and Shoreline Drive,
with the conditions listed below.

DELIBERATION
Standards for discretionary uses: (emphasis provided)

1. Give due regard to the nature of all adjacent uses and structures and the
consistency with the adjacent use and development.

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 activity.

MOTION FOR CONSIDERATION
I move that the Final PUD and associated site plan for a mixed-use residential and
commercial development on the “Terrace Lots”, between Terrace Street, Western Avenue
and Shoreline Drive be recommended to City Commission for (approval/denial) pursuant
to the determination of (compliance/lack of compliance) with the intent of the City
Zoning Ordinance and City Master Land Use Plan, with the following conditions:

1. A revised site plan be submitted and approved by the Planning Department, which
addresses items 6 and 6 of the staff report.
2. The site plan address the topography issues discussed in item 8, b of the staff
report.
3. Additional green space be added to accommodate the necessary landscaping.
4. Provide proper pedestrian access through the site.

37
REVISED STAFF REPORT
8/10/06

Hearing; Case 2006-33: Request for final Planned Unit Development approval for
mixed use retail and commercial for Terrace Lots, between Terrace Street, Western
Avenue, and Shoreline Drive, by Carl Miskotten, Downtown Muskegon Believers, LLC.

BACKGROUND

STAFF OBSERVATIONS
1. This property was formerly known as the “Terrace Lots”, and was recently sold to the
developer by the City of Muskegon.
2. The property is presently zoned B-2, Convenience and Comparison Business. All of
the proposed uses can’t be accommodated under the present zoning, therefore a PUD
has been requested.
3. The properties to the north and west which includes National City Bank and the
Smart Zone, is also zoned B-2. The zoning to the east is B-4, General Business
District, and to the south is B-3, Central Business District
4. The request for the PUD is for development of retail/commercial and small specialty
food establishments. A restaurant, a Harley Davidson dealership, as well as new and
used car dealerships were included on the original site plan.
5. Staff has met with the developer to discuss the concerns of the previously submitted
site plan. A new site plan was submitted on 8/9/06. The developer addressed many
of the former issues that staff had with the site plan. Those concerns include the
location of the buildings and how they are oriented to the street, as well as sidewalks,
the used car dealership, and number of parking spaces.
6. The Harley building has been turned and pulled closer to Terrace Street from
Shoreline Drive. The car dealership has been turned and reconfigured. The
restaurant building has been moved from beside the Central Fire Station property to
behind it. The used car dealership building was removed from the site plan.
7. The large parking area located closest to Shoreline Drive, between the Harley and car
dealerships, will be used for motorcycle testing and Fire Department training.
8. Five motorcycle display pads and a patio area have been added as part of the Harley
dealership plan.
9. Pedestrian circulation has been provided by adding sidewalks on the perimeter and
through the site (see #10).
38
10. The following issues still remain:
a. Sidewalks are provided on the Terrace and Western sides of the site,
connecting to the sidewalks on the Central Fire Station property. A pedestrian
walkway is now provided from Western Avenue past the rear of the restaurant
building and connecting to the Harley Davidson building. This is a big
improvement for pedestrian access, but there needs to be more connectivity
throughout the site. For example, a sidewalk needs to be provided between
the restaurant building and the car dealership.
b. Indicate size of motorcycle parking spaces. This area should have signs that
indicate it is for motorcycles only, or pipe bollards preventing cars from
entering the motorcycle parking area.
c. Height of the proposed structures need to be shown.
d. Location, type, height and design of all outdoor lighting must be shown. All
lighting must 100% cut-off style.
e. Show specs for dumpster screening.
f. Show locations of all fire lanes, fire lock boxes, hydrants, standpipes and
security lighting.
g. A landscaping plan still needs to be submitted.
h. The areas of the parking lot that is planned for “future development” should
be so designated on the site plan.
i. Permits are required for all signage on the site.

11. In addition, the Fire Department has the following requirements:
a. Project shall comply with NFPA 1141 standard for fire protection in planned
building groups.
b. Additional hydrants shall be installed to meet the fire flow and water supply
requirements per International Fire Code 2003, Section 508. An amended
drawing shall be submitted showing all existing and proposed fire hydrants.

12. Planning staff has the following concerns:
a. The new plan has over 120 few parking less spaces that the original. There
are 328 parking spaces shown for cars and 93 spaces for motorcycles, for a
total of 421 spaces. The previous plan had 549 spaces. With several different
businesses sharing the parking, it is difficult to calculate the proper amount of
parking. Without details of the interiors of the buildings, staff can’t make that
calculation. The ordinance requirements would be for “Open Air Business”
for the car dealership and Harley Davidson, but would also include office,
retail and repair area calculations. The restaurant parking would be
determined by maximum occupancy load.
b. Although a landscaping plan wasn’t submitted with the site plan, there are
several open areas designated for landscaping. Since the site has
approximately 1,258 of street frontage, the landscaping required for the site
would be extensive. The scattered open areas designated for landscaping,
should be well done, and provide a relief for the large paved parking areas.
The public space, located along the frontage on Shoreline Drive, could also be
used by the developer to locate the landscaping needed along that side of the
development. Staff could work with the developer and architects to develop

39
an aesthetically pleasing plan that preserves the views and display areas, but
also meets the requirements of the zoning ordinance.

12. Staff has received no comments regarding this request.

40
Planned Unit Developments

Excerpted from Section 2101: Development Options

1. Planned Unit Development (PUD) Purpose

a. Planned Unit Development Regulations, Standards and Requirements

1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written
authorization of all property owners.
2) The application shall meet the criteria established in each specified
zoning district.

41
b. PUD Review Procedures

1) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD
plan to determine its suitability.
4) The final phase shall require a detailed development plan for any part
of the approved conceptual PUD plan.

c. Standards for Approval of PUD Plans

1) The uses proposed will have a beneficial effect, in terms of public
health, safety, welfare, or convenience of any combination thereof, on
present and potential surrounding land uses. The uses proposed will
not adversely affect the public utility and circulation systems,
surrounding properties, or the environment.

2) The uses proposed should be consistent with the land use plans
adopted by the City.

5) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.

6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.

7) The uses proposed will result in safe, convenient, uncongested and
well defined vehicular and pedestrian circulation systems.

2. Preliminary PUD Plan Submission

42
The applicant shall submit together with the application for PUD preliminary
phase approval:

a. A general development plan depicting the proposed locations of streets, parking
areas, open spaces, buildings and structures, and their spatial relationships, the
relationship to off-site improvements and infrastructure and any unusual
topographic features.

1) Approval by the Planning Commission of the PUD Preliminary Plan
shall remain in effect for a period not to exceed three (3) years from
the date of approval.

3. Final PUD Plan Submission

The applicant shall submit together with the application for PUD final phase
approval, development plans in sufficient detail and in so far as possible the
specific locations and dimensions of:

a. all streets, sidewalks, public and private utilities, parking areas, truck
docks and service drives;

b. all buildings and structures, elevations and spatial relationships;

c. landscaping, buffers, fences, and protective walls;

d. open space areas and other significant environmental features;

e. existing and final topographic changes;

f. identification and directional signage:

g. a property survey prepared and certified by a licensed land surveyor;

4. Amendments to an Approved Final PUD Plan

a. Incidental or minor changes may be approved by the Planning
Commission if the proposed modifications do not alter the basic design
or land uses of the plan.

5. PUD Development Time Limits

a. Construction of the improvements shown on the approved final PUD
plan with all proposed buildings, parking areas, landscaping and
43
infrastructure must commence within one year of approval by the City
Commission.

b. Construction must be continued in a reasonable, diligent manner and
be completed within five (5) years.

c. Said five (5) year period may be extended if applied for in writing by
the petitioner and granted by the City Commission following public
notice and public hearing in accordance with Section 2332 of this
ordinance. Failure to secure an extension shall result in a stoppage of
all construction.

STAFF RECOMMENDATION
Staff recommends approval of the request for a Final PUD, and the associated site plan,
for the “Terrace Lots”, between Terrace Street, Western Avenue, and Shoreline Drive,
with the conditions listed below.

DELIBERATION
Standards for discretionary uses: (emphasis provided)

1. Give due regard to the nature of all adjacent uses and structures and the consistency
with the adjacent use and development.

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
activity.

1. A revised site plan be submitted and approved by the Planning Department, which
addresses items 10 and 11 of the staff report.

44
Hearing; Case 2006-34: Request for a preliminary Planned Unit Development approval
for a mixed use commercial and residential development for the southerly portion of
1266 W. Sherman Boulevard, the Northerly portion of 1228 W. Sherman, a portion of
1254 W. Sherman and a portion of 2495 Barclay Street, by Hazel Churchley, Exit Your
Way, LLC.

BACKGROUND

Applicant: Hazel Churchley, Exit Your Way, LLC
Property Address/Location: Portions of 1266, 1254 and 1228 W. Sherman
Boulevard, and a portion of 2495 Barclay Street
Request: Preliminary Planned Unit Development (PUD)
Present Land Use: Vacant
Zoning: B-4, General Business

STAFF OBSERVATIONS

1. The request is for a preliminary PUD for a mixed-use commercial and residential
development. The site is approximately 7 acres in size.
2. The portion of property along Barclay Street is zoned B-4, General Business. The
remainder of the site is zoned R-1, One Family Residential.
3. The properties to the north and west are zoned R-1, the properties to the east are
zoned RT, Two Family Residential, and B-4. The properties to the south are also
zoned B-4.
4. The plans include 20 duplex residential units, and a model/office to be located on
the property to the west. The property located along Barclay Street is planned for
some sort of retail/commercial development.
5. The site is rather wooded, with a clearing toward the rear along the creek. There
is presently an access road off of Barclay that was used during the recent clean-up
of Ruddiman Creek.
6. The Master Land Use Plan recommends the following for this area:

“Maintain the character of the sub-area as single-family residential. Limited
multiple-family may be permitted provided:
♦ residential density (units per acre) does not exceed underlying single-
family standards by more than 50 percent;
♦ sufficient on-site parking exists to accommodate all units;
♦ the character of the multiple-family complex (building and site) must
be consistent with that of surrounding residential development;
♦ all units should have on-site access to at least one (1) stall of an
enclosed garage; and
♦ all projects should be subject to rigid site design (zoning) standards
including site plan review by the Planning Commission.

7. This is a nicely wooded area with many mature trees. If approval is give for this
preliminary PUD, staff would recommend that when the final PUD and site plan

45
is approved that as many mature trees as possible are retained. A review of trees
to be removed could be conducted by Planning staff, similar to how it was done in
the Bluffton Bay development.
8. Sidewalks will need to be provided within the development and connected to
Barclay Street.
9. Staff has received no comments regarding this request

46
Rear of the Sherman Boulevard property near Ruddiman Creek.

View looking north from Van’s Car Wash. Property located on Barclay Street.

47
Planned Unit Developments

Excerpted from Section 2101: Development Options

1. Planned Unit Development (PUD) Purpose

a. Planned Unit Development Regulations, Standards and Requirements

1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written
authorization of all property owners.

2) The application shall meet the criteria established in each specified
zoning district.

b. PUD Review Procedures

1) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.

2) The review shall be in two phases:

3) The preliminary phase shall involve a review of a conceptual PUD
plan to determine its suitability.

4) The final phase shall require a detailed development plan for any part
of the approved conceptual PUD plan.

c. Standards for Approval of PUD Plans

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The Planning Commission shall approve, deny or modify preliminary
PUD plans, based upon the following standards. Likewise, the City
Commission shall approve, deny, or modify final PUD plans (after review
and recommendation by the Planning Commission) based upon the
following standards.

1) The uses proposed will have a beneficial effect, in terms of public
health, safety, welfare, or convenience of any combination thereof, on
present and potential surrounding land uses. The uses proposed will
not adversely affect the public utility and circulation systems,
surrounding properties, or the environment.

2) The uses proposed should be consistent with the land use plans
adopted by the City.

3) The amount of open space provided, which the Planning Commission
or City Commission may modify even though such modifications do
not conform to that required in other sections of this ordinance.

5) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.

6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.

7) The uses proposed will result in safe, convenient, uncongested and
well defined vehicular and pedestrian circulation systems.

5. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary
phase approval:

1) Approval by the Planning Commission of the PUD Preliminary Plan
shall remain in effect for a period not to exceed three (3) years from
the date of approval.
6. Final PUD Plan Submission
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The applicant shall submit together with the application for PUD final phase
approval, development plans in sufficient detail and in so far as possible the
specific locations and dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck
docks and service drives;

b. all buildings and structures, elevations and spacial relationships;

c. landscaping, buffers, fences, and protective walls;
d. open space areas and other significant environmental features;
e. existing and final topographic changes;
f. identification and directional signage:
g. a property survey prepared and certified by a licensed land surveyor;

7. Amendments to an Approved Final PUD Plan

a. Incidental or minor changes may be approved by the Planning
Commission if the proposed modifications do not alter the basic design or
land uses of the plan.

b. If the Planning Commission determines that the proposed modifications
are significant or major, a public notice and public hearing in accordance
with Section 2332 must be conducted prior to approval or denial.

8. PUD Development Time Limits

a. Construction of the improvements shown on the approved final PUD plan
with all proposed buildings, parking areas, landscaping and infrastructure
must commence within one year of approval by the City Commission.

b. Construction must be continued in a reasonable, diligent manner and be
completed within five (5) years.

c. Said five (5) year period may be extended if applied for in writing by the
petitioner and granted by the City Commission following public notice
and public hearing in accordance with Section 2332 of this ordinance.
Failure to secure an extension shall result in a stoppage of all construction.

STAFF RECOMMENDATION
Staff recommends approval of the request for a preliminary PUD for portions of 1266,
1254, & 1228 W. Sherman Boulevard and 2495 Barclay Street.

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DELIBERATION
Standards for discretionary uses: (emphasis provided)

1. Give due regard to the nature of all adjacent uses and structures
and the consistency with the adjacent use and development.

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 activity.

4. The proposed site plan complies with section 2331of 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 preliminary PUD for a mixed-use residential and commercial
development on the southerly portion of 1266 W. Sherman Boulevard, the northerly
portion of 1228 W. Sherman Boulevard, and a portion of 1254 W. Sherman Boulevard
along with a portion of 2495 Barclay Street be (approved/denied) pursuant to the
determination of (compliance/lack of compliance) with the intent of the City Zoning
Ordinance and City Master Land Use Plan.

51
Hearing; Case 2006-35: Staff initiated request to amend Section 2334 (Signs, #5, h) of
Article XXIII, to clarify window signage allotments.

BACKGROUND

The issues with this section of the sign ordinance were discussed at the June meeting.
Since several businesses have been challenging the language as currently written, it was
decided that a clarification of this section was needed. A subcommittee made up of John
Aslakson, Bill Larson, and Tim Michalski met with Zoning staff to discuss the issues,
and how to best redesign the language so the intent is clear and enforceable. Therefore,
the following language is offered for your consideration.

NEW LANGUAGE

Deletions are crossed out and additions are bold.

Changes to Section 2334, Signs, #5:

5. Window signsage covering may be up to twenty five percent (25%) of the
structure’s total window area of the commercial portion of the first floor of the
front building face. This allotment may be divided between multiple
windows on the commercial portion of the building.

DELIBERATION

I move that the amendment to Sections 2334 (#5, h) of Article XXIII (Signs), of the
Zoning Ordinance, be recommended to the City Commission for (approval/denial).

52
Hearing ; Case 2006-36: Staff initiated request to amend (Section 2319, Residential
Design Criteria, #2) to allow the roof pitch of additions to correspond to the principal
structure.

BACKGROUND

Several permits for additions have been applied for recently, and consequently this
section of the ordinance has been brought to staff’s attention. As presently written, a
5/12 pitch is required for any additions, even if the home has a low pitch. This requires
an odd angle on the roof addition to the home that isn’t necessarily aesthetically pleasing.
Allowing the pitch to match the existing principal structure seems to make more sense,
and would blend much better with the present home.

NEW LANGUAGE

Deletions are crossed out and additions are bold.

Changes to Section 2319, Residential Design Criteria, #2

2. Where the home design involves a roof pitch, it shall be a minimum pitch of 5/12,
that is, for every twelve inches (12”) of lateral run, the roof shall rise five inches
(5”). In the case of additions or alterations to principal structures when a
5/12 pitch is not practical, the roof pitch may be allowed to correspond with
that of the principal structure.

DELIBERATION

I move that the amendment to Sections 2319 (Residential Design Criteria, #2) of Article
XXIII (General Provisions), of the Zoning Ordinance, be recommended to the City
Commission for (approval/denial).

53
Case 2006-37: Request for Site Plan Review for a new naval museum building
(Silversides) at 3800 Bluff and 1260 Browne Streets, by Hughes Builders.

BACKGROUND

Applicant: Hughes Builders, Inc.
Property Address/Location: 3800 Bluff and 1260 Brown Streets
Request: Site Plan Review for New Museum Building
Present Land Use: Museum
Zoning: OSC, Open Space Recreation

STAFF OBSERVATIONS

1. The property is currently the site of the USS Silversides and associated museum.
The buildings currently on the site are temporary in nature, and never meant to be
permanent.
2. The zoning was changed in 2005 to OSR, Open Space Recreation, which allows
for museums with a special use permit. A special use permit for the museum was
also approved at that time.
3. The Museum has applied for a variance to the front set-back. The zoning
ordinance requires 75 feet from the high water mark. The variance request is for
30 feet.
4. The number of parking spaces meets the requirements of the parking ordinance.
The minimum parking required is 35, the maximum is 46, and there are 44 spaces
provided.
5. The following items need to be addressed on the site plan for final approval:

a. The proper addresses for the properties need to be added to the site plan.
b. Soil erosion and sedimentation control measures need to be shown.
c. Include arrows showing site circulation in the parking area.
d. The dumpster must be located at least 6 feet from the building and the
type of screening to be used needs to be shown on the site plan.
e. The landscaping plan needs revisions to include the following:
i) Descriptions for each plant type used.
ii) The site needs 16 canopy trees, and none are provided.
iii) The site needs an additional 23 under story or canopy trees.
iv) The site needs an additional 17 shrubs.
v) Two more canopy trees are required for the parking lot bump outs.
vi) Since the site abuts residential areas on two sides, screening needs
to be provided. Since there will be a hill on the east side, screening
isn’t logical. However, the southerly boundary toward Fulton
Avenue needs to be screened. Please show on the site plan.
vii) Fire Department key box is required on the building.
viii) Crash protection required for utility (gas meter).

54
6. In addition the Fire Department has the following requirements:
a. Fire flow calculations shall be conducted for area.
b. Approval contingent on the installation of fire sprinklers due to access
problem.
c. FDC for suppression system shall be located so that it is accessible to the
Fire Department.

7. The DPW has the following conditions:
a. Contact Kelly DeFrench regarding relocating meter pit in proposed
parking lot.

8. The Planning Department has the following conditions:
a. No temporary structures may be erected on the site.
b. No outdoor storage is allowed.
c. A sign permit is needed for any type of signage on the site.

9. Staff has received no comments on the site plan.

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56
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.

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.

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.

57
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 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,
58
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 for a new museum
building at 3800 Bluff and 2360 Browne Streets, subject to the conditions listed below.

DETERMINATION

The following motions are offered for consideration:

I move that the site plan for a new museum building, located at 3800 Bluuf and 1260
Browne Streets for Hughes Builders, be (approved/denied/tabled), based on the following
findings and conditions (if approved):

1. All requirements addressed in item #5 of the staff report shall be provided as
needed on a revised site plan prior to issuance of a building permit.
2. All conditions of items #6-9 of the staff report are met.

59
Case 2006-37: Request for Site Plan Review for a microbrewery and restaurant at 902
Pine Street, by Steve and Jenna Clark-Bruzka, Muskegon Brewing and Distilling
Company.

BACKGROUND

Applicant: Steve & Jenna Clark-Bruzka, Muskegon Brewing
and Distilling Company
Property Address/Location: 902 Pine Street
Request: Site Plan Review for Microbrewery and Restaurant
Present Land Use: Antique Mall
Zoning: B-5, Central Governmental Service District

STAFF OBSERVATIONS

1. The property is currently being used as a second hand sales commercial site. The
Antique Mall is located in the building.
2. The zoning is B-5, Central Governmental Service District, restaurants and
cocktail lounges are allowed as principal uses.
3. All of the properties surrounding 902 Pine Street are zoned B-5.
4. The owners plan to develop the building into a microbrewery and restaurant on
the first floor, and develop the second floor as their residence.
5. Parking is adequate for the site. There are 35 spaces required (2 spaces for the
residential use). Of those 24 spaces are provided in the parking lot, and the
other11 spaces can be accommodated on the street, since this property is located
in the Downtown Overlay Parking zone.
6. The site plan is very well done, and requires only a few items to be added or
amended.
a. The dumpster must be located 6 feet from the building. It appears that the
rear of the dumpster is too close to the building.
b. There needs to be a fire lock box located on the building.
7. Other than the location, signage is not part of the site plan approval process and a
separate sign permit would need to be applied for.
8. This site plan was added to the agenda after the deadline, since no public notice is
required. However, other staff have not had time to review it at the time of this
staff report. Any comments will be brought to the Planning Commission at the
August 10th meeting.
9. No comments were received regarding this request.

60
61
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.

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.

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.

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
62
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.

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,
63
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 for a microbrewery and
restaurant at 902 Pine Street, subject to the conditions listed below.

DETERMINATION

The following motions are offered for consideration:

I move that the site plan for microbrewery and restaurant, located at 902 Pine Street for
Steve and Jenna Clark-Bruzka, Muskegon Brewing and Distilling Company, be
(approved/denied/tabled), based on the following findings and conditions (if approved):

1. All requirements addressed in item #6 of the staff report shall be provided as
needed on a revised site plan prior to issuance of a building permit.

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