City Commission Packet 10-14-2008

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          Commission Meeting Date: September 23, 2008




Date:        October 9, 2008
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Rezoning request for property located at 1338 S. Getty
             Street


SUMMARY OF REQUEST:

Request to rezone the property located at 1338 S. Getty Street, from B-4. General
Business District to R, One Family Residential District.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the request.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 9/11
meeting. The vote was unanimous, with T. Michalski, B. Larson and J. Aslakson
absent.




                                                                               1
                            CITY OF MUSKEGON

                          MUSKEGON COUNTY, MICHIGAN

                            ORDINANCE NO.

An ordinance to amend the zoning map of the City to provide for a zone change for
    a certain property from B-4 “General Business” district to R, One Family
                              Residential District.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map of the City of Muskegon is hereby amended to change the zoning of the
following described property from B-4 “General Business” district to R, “One Family
Residential” district:

          CITY OF MUSKEGON REV PLAT OF HOLBROOK ADDITION LOT 6 BLK 2

This ordinance adopted:

Ayes:

Nayes:

Adoption Date:

Effective Date:

First Reading:

Second Reading:
                                                 CITY OF MUSKEGON

                                                 By: __________________________
                                                        Ann Marie Becker, MMC
                                                        City Clerk




                                                                                       2
             CERTIFICATE       (Rezoning of 1338 S. Getty from B-4 to R-1)

        The undersigned, being the duly qualified clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 14th day of October,
2008, at which meeting a quorum was present and remained throughout, and that the
original of said ordinance is on file in the records of the City of Muskegon. I further
certify that the meeting was conducted and public notice was given pursuant to and in full
compliance with Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2008, and that minutes were kept and will be or have been made available as required
thereby.

DATED: ___________________, 2008.            ________________________________
                                             Ann Marie Becker, MMC
                                             Clerk, City of Muskegon



Publish:       Notice of Adoption to be published once within ten (10) days of final
               adoption.




                                                                                        3
                                                CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

         Please take notice that on October 14, 2008, the City Commission of the City of
         Muskegon adopted an ordinance amending the zoning map to provide for the change of
         zoning of the following property from B-4 “General Business” district to R, “One Family
         Residential” district:

                     CITY OF MUSKEGON REV PLAT OF HOLBROOK ADDITION LOT 6 BLK 2

         Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
         the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular
         business hours.

                  This ordinance amendment is effective ten days from the date of this publication.

         Published ____________________, 2008                           CITY OF MUSKEGON

                                                                        By ___________________________
                                                                              Ann Marie Becker, MMC
                                                                              City Clerk

---------------------------------------------------------------------------------------------------------------------

PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                                                   4
                                   Staff Report [EXCERPT]
                                    CITY OF MUSKEGON
                                  PLANNING COMMISSION
                                     REGULAR MEETING

                                      September 11, 2008

Hearing; Case 2008-22: Request to rezone the property located at 1338 S. Getty Street from
B-4, General Business District to R, One Family Residential District, by Connie Johnson, 4028
Briarwood Lane.

Applicant:                           Connie Johnson

Property Address/Location: 1338 S. Getty Street

Rezone from B-4, General Business to R, One Family Residential

Present Land Use:                    Residential

Zoning:                              B-4, General Business


                           STAFF OBSERVATIONS
1.     The property contains the long time family home of Connie Johnson and her late
       husband, who has occupied the home since 1979. Her son would now like to purchase
       the home from his mother, but has been unable to secure financing because of the
       business zoning.
2.     The applicant is requesting a rezoning from a B-4 General Business zone to a R, One
       Family Residential zone.
3.     The property itself contains only 6,200 square feet, with 50 feet of street frontage. While
       this meets the minimum requirement for a residential lot, it falls short of the 10,890
       square feet and 100 feet of frontage required for a lot in the B-4 zoning district.
4.     The properties to the north, west and south are zoned B-4, and to the East on Kingsley
       Street, the zoning is R-1.
5.     In this block of Getty Street between Evanston and Catawba there are 7 homes that are
       presently used as single family residences, 5 are owner occupied. There are also 4
       businesses occupying commercial structures in that block.
6.     The Getty Street Corridor Study, done in 2001, suggests that in this area of Getty we
       should “encourage land assembly and re-use of single-family residential areas to higher
       intensity uses”. At this time there are no plans that Staff is aware of for any
       redevelopment to commercial uses.
7.     Staff has had no comments regarding this request.




                                                                                                 5
                                              Subject home located at 1338 S. Getty Street.




Hair salon located to the north of subject.          Home located to the south of subject.




                                                                                              6
STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject property from B-4, General
Business district to R, One Family Residential district, because the request conforms to the goals
and recommendation of the City’s 1997 Master Plan and Future Land Use Plan and zoning
district intent.




DELIBERATION

Criteria-based questions typically asked during a rezoning include:

1.     What, if any, identifiable conditions related to the petition have changed which justify
       the petitioned change in zoning.

2.     What are the precedents and the possible effects of precedent that might result from the
       approval or denial of the petition?


                                                                                                 7
3.     What is the impact of the amendment on the ability of the city to provide adequate
       public services and facilities and/or programs that might reasonably be required in the
       future if the petition is approved?

4.     Does the petitioned zoning change adversely affect the environmental conditions or value
       of the surrounding property?

5.     Does the petitioned zoning change generally comply with the adopted Future Land
       Use Plan of the City?

6.     Are there any significant negative environmental impacts which would reasonably
       occur if the petitioned zoning change and resulting allowed structures were built such as:

       a.      Surface water drainage problems
       b.      Waste water disposal problems
       c.      Adverse effect on surface or subsurface water quality
       d.      The loss of valuable natural resources such as forest, wetland, historic sites,
               or wildlife areas.

7.     Is the proposed zoning change a “Spot Zone”?

       a.      Is the parcel small in size relative to its surroundings?
       b.      Would the zoning change allow uses that are inconsistent with those allowed in
               the vicinity?
       c.      Would the zoning change confer a benefit to the property owner that is not
               generally available to other properties in the area?
       d.      A spot zone is appropriate if it complies with the Master Plan.




DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the front portion of the property located at 1338 S. Getty Street
from B-4, General Business district, to R, 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 and zoning district intent.




                                                                                                  8
               Commission Meeting Date: September 23, 2008




Date:          October 9, 2008
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development
RE:            Amendment to the Zoning Ordinance – Outdoor Seating


SUMMARY OF REQUEST:

Request to amend Section 2308, #2 (Outdoor Seating) of Article XXIII (General Provisions) to
require a minimum of 6 feet of paved area for pedestrian circulation.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends amendment of the Zoning Ordinance to require a minimum of 6 feet of paved
area for pedestrian circulation.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 9/11 meeting. The
vote was unanimous with T. Michalski, B. Larson, and J. Aslakson absent.




10/9/2008                                                                                 1
                                     Staff Report (EXCERPT)
                                       CITY OF MUSKEGON
                                     PLANNING COMMISSION
                                       REGULAR MEETING

                                          September 11, 2008


Hearing; Case 2008-25: Staff initiated request to amend Section 2308, #2 (Outdoor Seating) of
Article XIII, to require a minimum of 7 feet of paved area for pedestrian circulation.

BACKGROUND

In February 2007 the Outdoor Seating language was adopted and became part of the Zoning
Ordinance. Recently a request for a staff approved site plan for outdoor seating was submitted for the
former National City building on Western Avenue. Upon discussion with other City staff and the new
restaurant developer, it was brought to my attention that the 3 feet allowance for sidewalk along the
curb was not sufficient for ADA standards.

On the advice of the City Engineer and the Affirmative Action Director, who is also the City’s liaison
for ADA issues, we believe that even though 5 feet would be adequate width to accommodate
signage, light poles, along with pedestrians, that 7 feet would be a better buffer for accessibility. This
would allow adequate space for people and wheelchairs, walkers, etc. to pass one another.


NEW LANGUAGE
Deletions are crossed out and additions are in bold:


Amendment to Article XXIII, Section 2308, #2: Outdoor Seating

        2.      Pedestrian circulation and access to the building entrance shall not be impaired. A
                minimum of three (3) seven (7) feet of sidewalk paved area along the curb and leading
                to the entrance to the establishment must be maintained free of tables, chairs, and other
                encumbrances.

DELIBERATION

I move that the amendment to Section 2308, #2, of Article XXIII, Outdoor Seating, of the City of
Muskegon Zoning Ordinance to require a minimum of 7 feet of paved area for pedestrian circulation
along the curb, be recommended to the City Commission for (approval/denial).




                                                                                                        2
                                        CITY OF MUSKEGON

                                 MUSKEGON COUNTY, MICHIGAN

                                        ORDINANCE NO._____

An ordinance to amend Section 2308, #2 (Outdoor Seating) of Article XXIII (General
Provisions), to require a minimum of 6 feet of paved area for pedestrian circulation.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Amendment to Article XXIII, Section 2308, #2: Outdoor Seating


NEW LANGUAGE
Deletions are crossed out and additions are in bold:


       2.         Pedestrian circulation and access to the building entrance shall not be impaired. A
                  minimum of three (3) six (6) feet of sidewalk paved area along the curb and leading to
                  the entrance to the establishment must be maintained free of tables, chairs, and other
                  encumbrances.


This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                         CITY OF MUSKEGON


                                                         By: _________________________________
                                                                Ann Marie Becker, MMC, City Clerk




                                                                                                      3
           Commission Meeting Date: September 23, 2008 - Zoning Ordinance Amendment – Outdoor Seating



                                               CERTIFICATE

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
14th day of October, 2008, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with the
Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2008, and that minutes were kept
and will be or have been made available as required thereby.

DATED: ___________________, 2008.                  __________________________________________
                                                   Ann Marie Becker, MMC
                                                   Clerk, City of Muskegon



Publish:         Notice of Adoption to be published once within ten (10) days of final adoption.




                                                                                                        4
                                             CITY OF MUSKEGON
                                             NOTICE OF ADOPTION

Please take notice that on October 14, 2008, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2308, #2 (Outdoor Seating) of Article XXIII (General Provisions)
amending language to require a minimum of 6 feet of paved area for pedestrian circulation.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

         This ordinance amendment is effective ten days from the date of this publication.

Published ____________________, 2008.                              CITY OF MUSKEGON

                                                                   By _________________________________
                                                                         Ann Marie Becker, MMC
                                                                         City Clerk

---------------------------------------------------------------------------------------------------------------------

PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                                                        5
                          CITY COMMISSION MEETING
                             Tuesday, October 14, 2008



TO:           Honorable Mayor and City Commissioners

FROM:         Mark Kincaid
              Deputy Director of Public Safety

DATE:         October 7, 2008

SUBJECT:      Request to Purchase Humidification Equipment for Central Fire Station


SUMMARY OF REQUEST:

Fire Department staff is requesting approval by the Commission to allow for the
procurement and installation of humidification equipment for the Central Fire Station.
The low bid, which meets all stated specifications, was submitted by Northside Heating,
Cooling, & Refrigeration, 2175 Riegler Rd. Muskegon, MI 49445 for $22,710.00. The
only other bid received was from Rite-Way Plumbing & Heating, 2083 Walker Ct. NW
Grand Rapids MI 49544 for $22,795.00.

FINANCIAL IMPACT:

Funds for this purchase are provided for in the building fund for the new Central Fire
Station.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATIONS:

Approval of bid from Northside Heating, Cooling, & Refrigeration
                            Family Auto     Lakeshore Dodge     Michigan State Contract Deur Speet
     Type of Vehicle         3146 Henry        4235 Fruitvale     6131 Pennsylvania     33 West Dayton
                         Muskegon Mich 49441Montague Mich 49437   Lansing Mich 48911    Fremont 49412
2 2009 Dodge Durango 4X4         $25,419.00          $24,524.00       $20,686.50              $21,994.00



         TOTAL                    $50,838.00          $49,048.00       $41,373.00            $43,988.00
                             City of Muskegon
                             Industrial Facilities Exemption Application
                             Summary Sheet


Project Summary:

       Johnson Technology, a manufacturing company located at 2034 Latimer Dr, is installing new
machinery and equipment to expand its present operation. The company is eligible for a (7) year
exemption on personal property because they will be creating six (6) additional jobs from the
improvements.

Employment Information:

       Racial Characteristics:
                      White             246
                      Minority          20
                      Total             266
       Gender Characteristics:
                      Male              186
                      Female            80
                      Total             266

       Total No. of Anticipated New Jobs:       6

Investment Information:

       Real Property:                           $-0-
       Personal Property                        $ 2,000,000
       Total:                                   $ 2,000,000

Property Tax Information (Annual)               All Jurisdictions    City Only
       Total New Taxes Generated                $ 33,166             $ 11,073
       Value of Abatement                       $ 16,583             $ 5,537
       Total New Taxes Collected                $ 16,583             $ 5,537


Income Tax Information: (Annual)
      Total Additional Income Tax Generated: $1,498

Company Requirements:

       Adopted Affirmative Action Policy                      Yes         No
       Meeting w/ City Affirmative Action Director            Yes         No
       Signed Tax Abatement Contract                          Yes         No
       Taxes Paid In Full                                     Yes         No
       Zoning Conflicts                                       Yes         No


___________________________                     __________________________
Mike Franzak                                    Dwana Thompson
Planner II                                      Affirmative Action Director
  EXCITING OPPORTUNITY FOR DOWNTOWN LIVING
               AND RECREATION!

The City of Muskegon is offering ownership of a “dockominium” boat slip for only
$5,000 to the first person to close on a new condominium unit in downtown
Muskegon.* The buyer will be responsible for all future fees, taxes and assessments
related to the boat slip upon taking ownership.


                                      Conditions

   1) The condo unit must be purchased for $250,000 or more. The condominium
      must be one of the new projects built or in the process of being built. These
      include: Vida Nova, HighPoint Flats, Heritage Square, and The Watermark.

   2) The closing must occur by December 15, 2008 (if the project is not to the
      point of being able to close, a valid Purchase Agreement will suffice;
      however, a condition will be included that the boat slip revert to the City if
      the unit is not closed on by June 1, 2009).

   3) The boat to be placed in the boat slip must be sized appropriately for the size
      of the slip (e.g., a 15’ boat cannot be placed in a 60’ boat slip).

There are two boat slips available:

#1 Harbour Towne Marina- 60’, legal description is Parcel # 24-420-000-0008-00,
Legal: City of Muskegon Harbour Towne Marina Condominium Unit 8

#2 Pigeon Key Marina- 40’, legal description…. Parcel # 24-673-001-0011-00,
Legal: City of Muskegon Pigeon Key Marina Condominium Unit 11 Dock A


The “first person to close” does not include the owner/developer of the
condominium project, and it must be a new deal closing, not someone that has
already purchased the unit. The City reserves the right to inspect details of the
transaction.
This boat slip is located in the Harbour Towne Marina (Parcel # 24-420-000-0008-00).
The boat is not included.




This boat slip is located in Pigeon Key Marina (Parcel # 24-673-001-0011-00)
The boat is not included.

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