Planning Commission Packet 06-13-2019

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                                                                 CITY OF MUSKEGON
                                                               PLANNING COMMISSION
                                                                   REGULAR MEETING


DATE OF MEETING:                                Thursday, June 13, 2019
TIME OF MEETING:                                4:00 p.m.
PLACE OF MEETING:                                Beardsley    Th



                                                                             AGENDA




       I.     Roll Call


   II.        Approval of Minutes from the regular meeting of May 16, 2019.


  III.        Public Hearings

                   a.    Hearing, Case 2019-17: Request for Final Planned Unit Development approval at 3400, 3460,
                         3474 Wilcox Ave, 1875 Waterworks Rd and 1490 Edgewater St by MiCOAST Properties,
                        LLC.

                   b.   Hearing, Case 2019-18:                  Request to vacate the existing cul-de-sac portion of Edgewater St
                        (north of Lot 80).

                   c.   Hearing, Case 2019-19: Request to vacate the unimproved streets within the Edgewater Plat,
                        those being (a) Arlington Ave, west of lot 24; (b) Windward Dr, west of Lot 46; (c) Brighton
                        Ave, west of Lot 66; (d) Manhattan Ave, west of the existing cul-de-sac portion of Edgewater
                        St; and (e) Edgewater St north of the existing cul-de-sac.

                  d.    Hearing, Case 2019-20:     Staff initiated request to amend section 2319 (residential design
                        criteria) of the zoning ordinance lower the minimum living area for one family, two family
                        and multi-family housing units.


 IV.        New Business


 V.         Old Business


 VI.        Other


VIL.        Adjourn



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                                   CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES

            The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes
             of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting, upon twenty-four hour
              notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by
                                                                  writing or calling the following:
                                                                      Ann Meisch, City Clerk
                                                                         933 Terrace Street
                                        CITY OF MUSKEGON
                                    PLANNING COMMISSION
                                        REGULAR MEETING
                                               MINUTES


                                             May 16, 2019


 Vice Chairperson B, Mazade called the meeting to order at 4:00 p.m. and roll was taken.


 MEMBERS PRESENT:                B. Mazade, E. Hood, J. Doyle, J. Montgomery-Keast, F. Peterson,
                                 S. Gawron, M. Hovey-Wright, B. Larson


 MEMBERS ABSENT:                T, Michalski


 STAFF PRESENT:                 M. Franzak, D. Renkenberger


 OTHERS PRESENT:                A. Cotton, 2236 9" St; G. White, 883 Allen Ave; L. Spataro, 1567
                                6" St for the Nelson Neighborhood Improvement Association; E.
                                Davis, 2057 Harrison St; GL Hardy, 373 Boutique Ct, Las Vegas
                                NV; M. Poletti, 3244 Thompson Ave; B. Evans,         3171 Lakeshore Dr


APPROVAL OF MINUTES


A motion to approve the Minutes of the regular Planning Commission meeting of April 11, 2019
was made by J. Doyle, supported by B. Larson and unanimously approved.


PUBLIC HEARINGS

Hearing, Case 2019-11: Request for a Special Use Permit for a gas station and car wash at 821 E
Apple Ave.    M. Franzak presented the staff report.     The property is zoned B-2, Convenience &
Comparison Business District. Gas stations and car washes are both allowed with a Special Use
Permit as long as they meet the following conditions: 1} The curb cuts for ingress and egress to a
service station shall not be permitted at such locations 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 roadway) or from adjacent residential property, and subject
to other ordinances of the City; 2) 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;
3) There shal! be provided, on those sides abutting or adjacent to a residential district, a four foot
(4°) completely obscuring wall or fence. The height of the wall or fence shall be measured from
the surface of the ground; 4) All lighting shall be shielded from adjacent residential districts and
from abutting streets; and 5) All restroom doors shall be shielded from adjoining residential
property. The plan meets all of the conditional requirements for the Special Use Permit. The
cement pad in front of the main entrance will be removed, along with the parking on the Apple
Ave side of the building. This will create adequate maneuvering isles for cars and keep them
separated from the gas pumps. The current drive-thru structure in the back will be removed, and
shall be replaced with a pay station with two driving lanes. Depending on how much space the
pay station and driving lanes take up, it may be necessary to restrict the rear drive along Ada Street
to one-way traffic. A 5-foot tall screening fence will be erected on the southern and eastern
property lines. The current ingress/egress curb cuts on Apple Ave will be reconstructed to create
one combined curb cut. The applicant is still working on a landscaping plan. Additional trees
should be planted in the greenbelt buffer on Apple Ave and along the southern edge of the property


                                                  Zz
 along Ada St. Staffrecommends approval of the Special Use Permit with the following conditions:
 1) The plan depicts the removal of the drive-thru station and the addition of the pay stations; and
 2) A landscaping plan is provided.

 M. Franzak stated that, although a landscaping plan was not included, it was something that staff
 could approve at a later date if the Planning Commission agreed. He also stated that, although the
 site plan showed only 18 inches of clearance near the pay station instead of the required 2 feet, he
 didn’t see it as a problem since cars would be stopped in that area. A. Cotton stated that he owned
 the Marathon gas station and car wash at Seaway and Hackley. He believed this would be a good
 location for another, as there were no similar businesses in the area. He stated that they planned
 to hire about 20 people and fix up the property to make it look nice. He also stated that there would
 be space in the building for two more tenants.

 G. White lived in the area was opposed to the request due to the additional traffic it would create
 at an intersection that was already busy. She asked where the access locations to the gas station
 would be. M. Franzak stated that it would be accessible from Getty St or Apple Ave.

A motion to close the public hearmg was made by B. Larson, supported by J. Montgomery-Keast
and unanimously approved.

A motion that the request for a Special Use Permit for a gas station and car wash at 821 E Apple
Avenue be approved with the conditions that 1) The plan depicts the removal of the drive-thru
station and the addition of the pay stations, and 2) A landscaping plan is provided, was made by
M. Hovey-Wright, supported by B. Larson and unanimously approved, with B. Mazade, E. Hood,
J. Doyle, J. Montgomery-Keast, F. Peterson, S. Gawron, M. Hovey-Wright, and B. Larson voting
aye.



Hearing, Case 2019-13: Staff-initiated request to vacate 4" St between Western Ave and Shoreline
Drive.    Staff requested to remove this item from consideration as it was no longer necessary per
the city’s legal counsel. Because the convention center would be placed over 4" St with pedestrian
access still available to 4" St through the building, vacating the street was not necessary.
However, because the case was on the agenda and there were people in the audience interested in
speaking on the subject, a public hearing was held.


L. Spataro spoke on behalf of the Nelson Neighborhood Association.              He stated that the
neighborhood association supported a convention center but questioned the timing of this case,
since the groundbreaking was already held. They were opposed to impeding access to this section
of 4" Street, as it blocked one of few routes of access to the waterfront from downtown. He stated
that the neighborhood association would like to know what the plan was to replace this waterfront
access.



A motion to close the public hearing was made by B. Larson, supported by J. Doyle and
unanimously approved.

There was no vote taken on the request, as it was removed from the agenda before the meeting.


Hearing, Case 2019-14: Staff-initiated request to amend the Form Based Code (FBC) section of
the zoning ordinance to create new context areas for the Lakeside area. M. Franzak presented the
staff report. The Form Based Code section of the zoning ordinance was created in 2015 for the
downtown area and established six different context areas:     Downtown, Mainstreet, Mainsireet
Waterfront, Neighborhood Core, Neighborhood Edge and Urban Residential. These context areas
established the uses and development guidelines for each parcel in the Form Based Code area.
Staff is proposing to utilize the same Form Based Code document and create four new context



                                             3
  areas for the Lakeside area: Lakeside Commercial, Lakeside Heavy Commercial, Lakeside Mixed
  Residential, and Lakeside Residential. The descriptions of the new context areas are as follows:

         e     Lakeside Commercial: This context area will replace most of the B-2 and B-4 business
               districts in Lakeside, Buildings will be requived to be placed closer to the street (0 to 3 feet
               front setback). Buildings currently located on the south side of Lakeshore Dr are already
               placed at zero lot line, however, the current B-2 and B-4 zoning requires a 10-foot setback.
               This change will keep the small setback on the south side of Lakeshore Dr and start to
               create the same development pattern on the north side of the street as new buildings are
               constructed, This new context area will also allow buildings to be up to four stories tall,
               compared to the two-story limit now. This will allow properties to utilize their full potential
               and create lake views. The new code will also eliminate new curb cuts (unless an alley or
               street is not present), creating a more walkable environment.
      e        Lakeside Heavy Commercial ~ This context area is similar to the Lakeside Commercial
               context area, but allows for more intense uses, such as auto repair. This context area was
               created to allow the current uses in this area, while designing the properties to fit in better
              with the area, If these current high-intensity businesses (car repair) eventually leave the
              area, the context area could simply be eliminated.
     e        Lakeside Mixed Residential — This context area will replace the residential zoning on
              Lakeshore Drive. It will also replace some of the B-2 zones on the north side of Lakeshore
               Drive that are mostly homes. The rezoning from B-2 to Lakeside Mixed Residential will
             --help property owners sell and refinance their homes, which has been a problem because of
              the commercial zoning, Homes in this district will be allowed to have a 3 story to take in
              lake views. More housing options will now be available; such as duplexes, small multi-
              plexes, and rowhouses. Homes may also have small retail options will the addition of a
              cottage retail building option.
     e        Lakeside Residential — This context area will replace some of the residential zoning behind
              the Lakeside Business District. This area currently has many parcels zoned for high-
              density residential that would allow large apartments, even though there aren’t any parcels
              large enough to meet the minimum standards. This area consists of detached houses, some
              of them which are duplexes and triplexes. This context area would allow single family,
              duplexes and small multiplexes (up to 6 units), but no commercial.


Notices were mailed to property owners that have parcels listed for the rezoning.     Staff
recommends approval of the zoning amendments with the following changes: 1) 1732 Lakeshore
Drive should be changed to Lakeside Commercial. It is already a commercial building and the
owner would like to develop the property further; and 2) 1595 Lakeshore Drive (Wasserman’s
Floral) should be zoned Lakeside Commercial.


M. Franzak provided a color-coded zoning map of the area which showed the current RM-1-zoned
areas. He stated that the proposed FBC zoning presented a downzoning for some of these areas.
B. Mazade stated that no current businesses would be displaced, and the             FBC zoning could make
it easier for property owners to make improvements.              B. Mazade asked M. Franzak how the
allowance of higher buildings along Lakeshore Drive might affect the view of the lake. M. Franzak
stated that he did not expect a large impact on the view, as properties behind those on Lakeshore
Drive were up on a hill. J. Montgomery-Keast stated that a four-story building sounded to high
for the district.      M. Franzak stated that when he had spoken to Lakeside business owners, they
were in favor of it,
Public comments were heard. E. Davis expressed concerns with the rezoning on Harrison Ave.
She stated that, although multi-family homes were already allowed there, they were not adequately




                                                       4
  maintained and she did not want to see further non-owner-occupied homes being encouraged. She
  was concerned that it would diminish property values and discourage owner-occupied homes.

  A motion to close the public hearing was made by B. Larson, supported by E. Hood and
  unanimously approved.

  J. Montgomery-Keast asked how many vacant lots there were in the proposed multi-family zoning
 area. M. Franzak stated that there were not many, but if a house were demolished, a multi-family
 unit may be allowed to replace it. F. Peterson asked if existing single-family homes would be able
 to become multi-family. M. Franzak stated that he didn’t anticipate current homes being converted
 to multi-family, as it would be very difficult to meet the FBC requirements and design criteria; the
 FBC was more restrictive as far as which properties would be able to be divided. M. Hovey-
 Wright asked what the goal was in rezoning the area. M. Franzak stated that it was to improve the
 business district and to more accurately reflect the current state of the neighborhood. In addition,
 FBC zoning was great for creating walkable neighborhoods.

 A motion to close the public hearing was made by J. Montgomery-Keast, supported by B. Larson
 and unanimously approved.

 A motion that the request to amend the Form Based Code section of the zoning ordinance to create
 new context areas for the Lakeside area be approved with the condition that 1595 and 1732
 Lakeshore Dr are changed to Lakeside Commercial, was made by J. Montgomery-Keast, supported
 by B. Larson and unanimously approved, with B. Mazade, E. Hood, J. Doyle, J. Montgomery-
 Keast, F. Peterson, S. Gawron, M. Hovey-Wright, and B, Larson voting aye.


  Hearing, Case 2019-15: Staff-initiated request to rezone several properties in Lakeside to Form
  Based Code, M. Franzak presented the staff report. Staff recommends approval of the rezonings
  as shown on the proposed zoning map provided, with the changes made to 1595 and 1732
_ Lakeshore Drive, contingent upon the approval of the zoning ordinance amendments by the City
  Commission. There was no further public discussion on this item, as all questions had been
 addressed in the previous case.

 A motion to close the public hearing was made by B. Larson, supported by J. Montgomery-Keast
 and unanimously approved.

 A motion that the request to rezone the parcels as presented with the changes made to 1595 and
 1732 Lakeshore Drive be recommended for approval to the City Commission, contingent upon the
 approval of the zoning ordinance amendments by the City Commission, was made by J. Doyle,
 supported by E. Hood and unanimously approved, with B. Mazade, E. Hood, J. Doyle, J.
 Montgomery-Keast, F. Peterson, S. Gawron, M. Hovey-Wright, and B. Larson voting aye.
 Hearing, Case 2019-16: Staff-initiated request to amend section 2310 of the zoning ordinance to
 make several changes to the critical dune ordinance. M. Franzak presented the staff report. The
 Department of Environmental Quality asked that we make several minor amendments to our
 Critical Dune ordinance to better reflect their model zoning ordinance. The changes are mostly
 clerical and will not change how we enforce our procedures. A revised Critical Dune ordinance
 was provided for the board’s review and approval. Staff recommends approval of the proposed
 amendments to the Critical Dune ordinance.

.M. Franzak read the list of corrections that had been requested by the DEQ.

A motion to close the public hearing was made by B. Larson, supported by J. Doyle and
unanimously approved.
  A motion that the amendments to the critical dune ordinance by approved was made by B. Larson,
  supported by E. Hood and unanimously approved, with B. Mazade, E. Hood, J. Doyle, J.
  Montgomery-Keast, F. Peterson, S. Gawron, M. Hovey-Wright, and B. Larson voting aye.



  NEW BUSINESS


 Hearing, Case 2019-12: Request for a Site Plan Review for a new building at the new parcel west
 of 421 W Delano Ave (parent parcel). M. Franzak presented the staff report. The property at 421
 W Delano, at the corner of Delano and Park St, was recently split into six separate parcels. The
 plans show new buildings on all of the new vacant parcels. The Planning Commission only needs
 to approve one of the buildings, because it over 10,000 square feet. This building is located on
 Parcels | & 2 at the end of the cul-de-sac, which was shown ona site plan provided. The properties
 are zoned I-1, Light Industrial and are also located in the city’s Medical Marihuana Overlay
 District. Each new proposed building will be for medical marihuana growing and processing.
 Some buildings may have a retail portion as well; however, the building on Parcels 1 & 2 is only
 for growing and processing, That building is 17,125 square feet in size and meets all setback
 requifements. The stormwater from every parcel will drain into the same area behind the buildings.
 This review will be contingent upon the Drain Commissioner approving their stormwater penmnit.
 Staff was still working with other departments on the review at the time this staff report was
 written, but the plan appeared to meet fire access requirements for Parcels | & 2. The width of
 the lot requizes at least three canopy trees, but only two are depicted. Staff recommends approval
 of the site plan for the building addition on Parcels | & 2 as long as a revised site plan showing
 additional trees in the greenspace buffer is submitted to staff, contingent upon a stormwater permit
 from the Drain Commissioner.

M. Franzak stated that staff would be able to approve the updated landscape plan if the Planning
Commission wished. G.L. Hardy was one of the partners involved in the project. He stated that
he was a developer and builder, and he had a local business partner, S. Middlecamp. G. Hardy
estimated that the new businesses would employ 100 to 150 employees and stated that he already
had some interested clients.

A motion that the site plan for Parcels 1 & 2 be approved, contingent upon the issuance of a
stormwater permit from the Drain Commissioner, and with the condition that two more canopy
trees are planted on the greenbelt buffer, was made by E. Hood, supported by M. Hovey- Wright
and unanimously approved, with B. Mazade, E. Hood, J. Doyle, J. Montgomery-Keast, F.
Peterson, 8. Gawron, M. Hovey-Wright, and B. Larson voting aye.



OLD BUSENESS


None


OTHER


Master Plan Update — M. Franzak stated that staff had met with 12 of the 14 neighborhood
associations so far, and would have a public meeting in the future. L. Spataro thanked staff for
their outreach efforts regarding the Third St. improvements. He also reiterated their concerns
about vacating a portion of Monroe Ave, and who would maintain the planters. He stated that the
neighborhood association was committed to contributing to the project.
M. Poletti discussed his concerns about The Docks project and the lack of studies required before
the project is approved.   B. Mazade stated that a final plan had not yet come to the Planning
Commission for approval. B. Evans also urged the Planning Commission to require scientific and
environmental studies of the project.


There being no further business, the meeting was adjourned at 5:12 p.m.



dr
                                                  STAFF REPORT

                                                    June 13, 2019



 Hearing, Case 2019-17: Request for Final Planned Unit Development approval at 3400, 3460, 3474 Wilcox
 Ave, 1875 Waterworks Rd and 1490 Edgewater St by MiCOAST Properties, LLC.



 SUMMARY

     1.    Staff has worked with the developer closely on the plan, so all of the pertinent information regarding
           the proposed development can be found in “The Docks” binder.
     2.   The preliminary plan was approved with conditions at the October [1, 2018 Planning Commission
          meeting. Those conditions are as follows:
          a. All access points shall be eliminated with the exception of the proposed road over the dunes at
          Waterworks Rd.
          b, Additional road connections as noted in the staff recommendation are eliminated.
          c. The parking lot north of the condo building should be more separated from the existing homes; The
          setback should be increased and it should be fully screened with trees to create a buffer.
          d. The alleys or rear lanes are eliminated along properties on Edgewater St., Wilcox Ave. and
          Harbour Towne.
          The ordinary high water mark of the lake is 580.4 feet and all buildings must be constructed above
          this mark. This plan meets that requirement.
          Although there is only one road leading into the development, a second “emergency access” route
          will be located near Sand Dock Ct in Harbour Towne. This road will be constructed with
          “grasscrete,” which is a type of pavement that is rated for heavy fire equipment, but will have grass
          growing on top of it. Please see the example picture below.
          This plan relies on the vacation of several non-improved street Right-of-Ways and the relocation of
          the existing cul-de-sac on Edgewater St 90 feet to the south. These are discussed in the following
          cases.

          Please see enclosed “Condo Parking Layout” that was not included in the binder.       There will be 34
          parking spaces located on the first floor of the condo building.
          Staff would like to see more trees in the Right-of-Way along the main street that runs north-south,
          The developer has also suggested that they would like to work with City staff on marking certain
          existing trees to remain.
          Notice was sent to property owners within 300 feet of the project boundaries. Please see the enclosed
          email comments from the public.




MASTER PLAN

Both the 1997 Master Land Use Plan and the recently approved Imagine Muskegon Lake Plan advocate for
this type of development. The 1997 Master Land Use Plan calls for residential units with different types of
housing options and even recommends a Planned Unit Development. The Imagine Muskegon Lake plan
calls for residential and mixed uses.
                                                          Imagine Muskegon Lake Plan


                                                                     NEVE DEVELOPMENT OPPORTUNITY
                                                                     (RESIDENTIAL AND IAIXED USE)

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                                                                 Master Land Use Plan


                                                                          Tuture Land Use Map
                                   [|         Single & fweo-tamily Residential

                                   [|             stutéramily Residentiat
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ZONING ORDINANCE

Please see the following enclosed documents on regulations for PUDs :
    1. Article IV (Single Family Residential Districts), Section 403 (Planned Unit Development Option).
   2.   Section 2101: Planned Unit Developments.

STAFF RECOMMENDATION

Staff recommends approval of the PUD with the following conditions:

   ©    Additional street trees are planted in the ROW of the main street that travels north-south and
        developer work with staff to mark certain trees to remain.


DELIBERATION

Motion for consideration:

I move that the request for Final Planned Unit Development approval at 3400, 3460, 3474 Wilcox Ave, 1875
Waterworks Rd and 1490 Edgewater St by MiCOAST Properties, LLC, including the relocation of the cul-
de-sac on Edgewater St 90 feet to the south, be recommended to the City Commission for (approval/denial)
with the following conditions:

   ©    Additional street trees are planted in the ROW of the main street that travels north-south and
        developer work with staff to mark certain trees to remain.


                                                      I
                                                                                                        O6/17




                      ARTICLE IV ~ SINGLE-FAMILY RESIDENTIAL DISTRICTS



                 R-1, SINGLE FAMILY LOW DENSITY RESIDENTIAL DISTRICTS,
               R-2, SINGLE FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS,
                 R-3, SINGLE FAMILY HIGH DENSITY RESIDENTIAL DISTRICTS


  PREAMBLE


  These districts are designed to allow for low, medium and high density single-family residential
  development in the proper blocks.       The regulations are intended to stabilize, protect, and
  encourage the residential character of the districts 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 this Article to recognize that blocks throughout the City of Muskegon have been
  platted and developed in different sizes and road frontages and that development standards
 should reflect each specific block type. All single family residential districts all allow the same
 permitted uses, only the area & bulk requirements differ. All homes in these districts must meet
 the residential design criteria established in Section 2319.


 SECTION 400; PRINCIPAL USES PERMITTED


 In ail Single-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.        Multiple family dwellings under the following conditions:


                     a.   The home has already been altered with prior approval to allow for multiple
                          dwellings. One family dwellings may not be altered to allow for multiple
                          dwellings, nor may new homes be built for multiple dwellings.


                     b.   Homes that have already been altered for multiple dwellings may add
                          additional dwellings as long they meet the living area standards listed in
                          Section 2319.


3.        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



sAplanning\common\zoning\ordinance\excerpts\-1.doc




                                                        (2
                                                                                                               06/17



                       Tutoring, limited to one student at a time


                       Typing or clerical services


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


                       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.


                      ii. The business’ shall have a local business license and any other appropriate
                      licensing or registrations required by local, state or federal law.


                      iti. 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.



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                                                          FS)
                                                                                                             OG/IT


                         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:


                                  (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.


4.         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]


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


6.         Uses similar to the above Principal Uses Permitted.


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


The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:

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                                                            14
                                                                                                        06/7




     1.         Private recreational areas, and institutional recreational centers when not operated for
            profit, and nonprofit swimming pool clubs, all subject to the following conditions:
               [amended 2/02]


            a.         In those instances where the proposed site is not to be situated on a lot or lots of
                       record,     the proposed        site shall have one property line   abutting a major
                       thoroughfare and the site shall be so planned as to provide ingress and egress
                       directly onto said major thoroughfare.


            b.         Front, side, and, rear yards shall be at least fifty (50) feet wide, except on those
                       sides adjacent to nonresidential districts, and shall be landscaped in trees, shrubs,
                       grass, and terrace areas. All such landscaping shall be maintained in a healthy
                       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.




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                                                           iS
                                                            8)
                                                                                                                          06/17


                          The principal buildings on the site shall be set back from abutting properties
                          zoned for residential use not less than thirty (30) feet.


                          Buildings of greater than the maximum height allowed in Section 2100, may be
                          allowed provided front, side, and rear yards are increased above the minimum
                          requirements by one (1) foot for each foot of building that exceeds the maximum
                          height allowed.


   4.             Elementary, intermediate, and/or secondary schools offering courses in general
               education, provided such uses are set back thirty (30) feet from any lot in a residential
               zone.



                     Cemeteries.


                  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, dry
                                    goods, and notions or hardware.


                          ii.      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.


                         iii.      Professional        offices   of   doctors,     lawyers,     dentists,   chiropractors,
                                   osteopaths,     architects,    engineers,     accountants,    and   similar   or   allied
                                   professions.


                        iv.        Restaurants, or other places serving food, except drive-in or drive-through
                                   restaurants.


                       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.
                                                                                                        oe

          c.        Conditions: [amended 8/04]



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                                                                 lo
                                                                                                          06/17



                                 Outdoor storage is prohibited.


                         ii.     The area devoted to approved uses shall not exceed 2,500 square feet.


                        iii.     All goods produced on the premises shall be sold at retail on the premises
                                 where produced,


                        iv.      All business, servicing, or processing shall be conducted within a
                                 completely enclosed building, or in an area specifically approved by the
                                 Planning Commission.


                                 Parking shall be accommodated on site or with limited street parking.


                        vi.      Hours of operation may be limited by the Planning Commission.

                       vii.     Signs must comply with those set forth for the residential zoning district.


                      viii.     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.        Bed & Breakfast facilities, under the following conditions:


                     The home must be located in the Clay-Western or National Register Historic
                     District, as identified by the City of Muskegon Historic District Commission map.

                     The owner or operator of the tourist home shall live full-time on the premises.


                     No structural additions or enlargements shall be made to accommodate the tourist
                     home use and no exterior alterations to the structure shall be made which will
                     change the residential appearance of the structure.


                     Breakfast may be served on the premises, only for guests of the facility, and no
                     other meals shall be provided to guests.


                     No long-term rental of rooms for more than fourteen (14) consecutive days shall
                     be permitted. No guest may stay for more than twenty-eight (28) nights in any
                     given year.


                     There shall be a maximum of five (5) guestrooms. No more than two (2) adults
                     are permitted to stay in any guestroom.


                    Signage shall conform to that which is permitted for home occupation businesses
                    only.


          h.        Rental of the tourist home for special gatherings such as wedding receptions and

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                                                                                                          06/17


                        parties shall be prohibited.


                i.      The property shall meet all local and state code requirements regarding bed and
                        breakfast facilities.


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


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


  SECTION 402; [RESERVED]


  SECTION 403: PLANNED UNIT DEVELOPMENT OPTION


  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; allow for limited business options that serve the neighborhood; 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 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.         The 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:


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


                        ii.     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.


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


                       iv.     Portions of the tract utilized for storm water management facilities.


          b.         Undeveiopable
                             Pp    areas may           be used for common open
                                                                           ip  aud recreational areas.



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                                                                its)
                                                                                                 O67



            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.    Qpen 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.



 5.    Spacing: The distance between buildings shall not be less than 10 feet and front setbacks
       shall not be less than 10 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.




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                                                      Si
                                                                                                       06/17




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


                              R-1                       R-2                        R-3
   Minimum Lot                6,000 sf                 4,000 sf                     3,000 sf
   Size
   Minimum Lot                50 ft                    40 ft                       30 ft
   Width
  Maximum Lot             | Buildings: 50%             Buildings: 60%              Buildings: 70%
   Coverage                  Pavement: 10%             Pavement: 15%               Pavement: 20%
  Height Limit*              2 stories or 35 feet®*    2 stories or 35 feet**      2 stories or 35 feet**
  Front                      Expressway/Arterial       Expressway/Arterial         Expressway/Arterial
  Setbacks***                Street: 30 ft             Street: 30 ft               Street: 30 ft
                             Collector/Major Street:   Collector/Major Street:     Collector/Major
                             25 ft                     25 ft                       Street: 25 ft
                             Minor Street: 15 feet     Minor Street:   10 feet     Minor Street: 10 feet
  Rear Setback               30 ft                     20 ftA                      15 ft*
  Side Setbacks#:            I story: 6                1 story: 6                  1 story: 5
                             2 story: 8                2 story: 7                  2 story: 5


  * 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 2-3).


 ** Homes located in an established Historic District may be up to 3 stories or 45 feet, if found to
 be compatible with other homes within 600 feet.


*** 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.


“Parcels with at least 100 ft in length must have at least a 30 ft rear setback.


#All required setbacks shall be measured from the property line to the nearest point of the
determined drip line of buildings.




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                                                       20
                                                                                                          6/02



                                                 Planned Unit Developments


    Excerpted from Section 2101: Development Options


    L.           Planned Unit Development (PUD) Purpose


             The purpose of this option is to permit flexibility in the regulation of land developme
                                                                                                     nt;
             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 regulation
                                                                                             s in this
             Ordinance to achieve innovation to development on sites with unusual topograph
                                                                                                  y 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 ownexs.


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


           db.       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.




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                                                           24
                                                                                                         6/02




            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.


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


          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,


                    !)        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.


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                                                          22
                                                                                                         6/02




  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;


            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.


           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.


          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.




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                                                        2
                                                        S
 Hearing, Case 2019-18: Request to vacate the existing cul-de-sac portion of Edgewater St (north of Lot 80).



 SUMMARY

     1.   This request is to allow for the development of lots 115 and 116 of the Docks development. The
          street would be vacated north of Lot 80. A new cul-de-sac would be installed just to the south of the
          one that currently exists.
     2.   Notice was sent to all affected property owners and staff did not receive any comments from the
          public.



                                              Existing Cul-de-sac




STAFF RECOMMENDATION


Staff recommends approval of vacation request.

DELIBERATION


Motion for consideration:


I move that the request to vacate the existing cul-de-sac portion of Edgewater St (north of Lot 80) be
recommended to the City Commission for (approval/denial).




                                                     a4
Hearing, Case 2019-19: Request to vacate the unimproved streets within the Edgewater Plat, those being (a)
Arlington Ave, west of lot 24; (b) Windward Dr, west of Lot 46; (c) Brighton Ave, west of Lot 66; (d)
Manhattan Ave, west of the existing cul-de-sac portion of Edgewater St; and (e) Edgewater St north of the
existing cul-de-sac.


SUMMARY

    1.   This request to vacate these unimproved streets is necessary in order to replat the map to allow for the
         Docks development.
   2.    Notice was sent to all affected property owners and staff did not receive any comments from the
         public.
   3.    Please see the map on the last page of the binder under Tab 8 that depicts the lots by number.



                                            Unimproved Streets Map
STAFF RECOMMENDATION

Staff recommends approval of vacation requests.


DELIBERATION


Motion for consideration:

I move that the request to vacate the unimproved streets within the Edgewater Plat, those being (a) Arlington
Ave, west of lot 24; (b) Windward Dr, west of Lot 46; (c) Brighton Ave, west of Lot 66; (d) Manhattan Ave,
west of the existing cul-de-sac portion of Edgewater St; and (e) Edgewater St north of the existing cul-de-
sac; be recommended to the City Commission for (approval/denial).




                                                    ale
Hearing, Case 2019-20: Staff initiated request to amend section 2319 (residential design criteria) of the
zoning ordinance to lower the minimum living area for one family, two family and multi-family housing
units.



SUMMARY

    1. Staff is recommending to amend the residential design section of the zoning ordinance to allow for
       smaller single-family and duplex homes. Homes are now trending smaller across the country and
       many of the recently proposed homes in Muskegon have had difficulty meeting the current standards.
       Reduced minimum size and storage standards will also help the City meet our visitibility and
       livability goals as well as reduce the overall home prices, which will create a more diverse housing
       stock, Other parts of the ordinance were removed because they no longer apply (Historic zoning,
         front and rear setbacks),
         Please see the enclosed “Proposed Revisions to Residential Requirements” document.
    yd




         Please also see the enclosed “Design Standards Example | & 2” documents that show a recently
         proposed home that would not be able to be approved under the current standards.



STAFF RECOMMENDATION

Staff recommends approval of the amendment.


DELIBERATION


Motion for consideration:


I move that the request to amend section 2319 of the zoning ordinance to lower the minimum living area for
one family, two family and multi-family housing units as proposed be recommended to the City Commission
for (approval/denial).
                                                Agere Hern wt d.

                                                                                                      3/07




                                     “Proposed Revisions to Residential Requirements”
                                         Requirements for Residential Structures


     (Deletions are crossed out, additions are in bold)


     Setbacks (Single-Family):




     Front = (Expressway & Arterial Streets) = 30 feet
             (Major & Collector Streets) = 25 feet
                (Minor Streets) = 15 feet


               Minimum front setbacks for new principal structures in the R-1,
                                                                                R-2, R-3 and RT, B-3.
               and-zones, fronting on minor streets, may align with existing
                                                                                 principal structures in
               the immediate area, even if the front setback is below the minimum
                                                                                  required.




  Height Limit = 35 feet measured from average grade to the midpoin
                                                                    t of eave & peak of the roof.

  Zoning Ordinance Excerpt:


  SECTION 2319:     [RESIDENTIAL DESIGN CRITERIA] [amended 7/98,                        amended 4/00,
  amended 8/01, amended 4/02, amended 3/05, amended 8/06, amended
                                                                  3/07]

 It is the intent and purpose of this section to establish design
                                                                  review standards and controls over
housing development in the City of Muskegon. It is recognized
                                                                        that there are unique design
 aspects inherent in the community appearance that need
                                                               to be preserved and enhanced. The
adoption of these criteria will guide and ensure that all
                                                                future growth enhances community
character and image and fits with the unique vernacular of the
                                                                   City of Muskegon's urban setting.
A positive community image: enhances economic development
                                                                    opportunity; safeguards property
values; curbs blight and deterioration; and enhances public safety
                                                                        and welfare. The following
standards shall apply to all single-family or duplex structures erected
                                                                         in the City of Muskegon.

In the case of a one (1) family or two (2) family dwelling unit
                                                                which is of standard construction,
a mobile home, a pre-manufactured, or a precut dwelling
                                                                 structure, and any additions or
alterations thereto, erected or placed in the City of Muskegon, other
                                                                       than a mobile home located
in a licensed mobile home park approved under the provisions
                                                                of Article V, MHP Mobile Home
Park Districts, shall conform to the following regulations in
                                                               addition to all other regulations of
this Ordinance:


1.        The dwelling unit shall have a minimum living area (excluding
                                                                        all basement area) of nine




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                                                                Requirements.doc




                                                             29
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            ie                                          1               d          square feet for a one (1) bedroom
           dwelling. For each bedroom thereafter, an additional 100 square feet of living space shall
          be provided.

          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.

          The roof shall have a snow load rating of forty (40) pounds per square foot.

          Roof drainage in the form of a roof overhang of at least twelve inches (12") shall be
          provided to direct storm or meltwater way from the foundation, unless a gambrel roof or
          other design elements necessitate an alternative roof drainage system.

          Siding shall be the same gauge for modulars and mobiles as for on-site-built homes.

          The dwelling unit shall have a minimum width across any front, side, and rear elevation
          view which is the lesser of:




          b.         The average width of the homes on the same street within six hundred (600) feet
                     in either direction.

          A structure with a front elevation view of over 40 linear feet shall have a design offset
          including but not limited to; bay windows, covered porches, or structural offsets from the
          principal plane of the building.




8. Garage doors may not comprise more than fifty percent (50%) of the front face of the
     structure.


9, Newly constructed homes must be at the average setback of existing homes within 600 feet.

10. The dwelling unit shall be firmly attached to a permanent foundation constructed on the site
       in accordance with the building code, manufacturers specifications, and other applicable
          requirements.


11. Any crawlspace that may exist between the foundation and ground floor of the dwelling unit
          shall be fully enclosed by an extension of the foundation wall along the perimeter of the
          building.




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     12. If the dwelling is a mobile home, as defined herein,
                                                              such dwelling shall be installed pursuant
             to the manufacturer's setup instructions and shall be secured
                                                                               to the premises by an
             anchoring system or device complying with the rules
                                                                     and regulations of the Michigan
             Mobile Home Commission.


     13. In the event that a dwelling unit is a mobile home as
                                                               defined herein, it shall be installed with
             the wheels removed.      No dwelling unit shall have any exposed towing mechani
                                                                                                     sm,
             undercarriage or chassis.


    14. The dwelling unit shall be connected to a public sewer
                                                                  and water supply when available, as
           defined by the Plumbing Code or if not available, to private
                                                                          facilities as approved by the
           county health department, the city, and other applica
                                                                 ble agencies.

    15. Storage space of at least fifteen                 ercent (15%) of the interior living space of the dwelling
              unit, exclusive of                                attic storage, shall be provided withinthe-structure
              onsite,


   16, The subject dwelling unit shall be aesthetically compati
                                                                  ble in design and appearance with
          other dwellings within 600 feet. The review shall include
                                                                        but not necessarily be limited
          to: roof pitch, scale, size, mass, minimum transparency,
                                                                        orientation to the street, and
          overhangs. The foregoing shall not be construed to prohibit
                                                                          innovative design concepts
          involving such matters as (but not limited to) solar energy,
                                                                       view, or unique land contour,

   17. The compatibility of design and appearance shall be
                                                               determined in the first instance by the
          Zoning Administrator upon review of the plans submitted
                                                                        for a particular dwelling unit.
          The Zoning Administrator's decision may be appealed, to the
                                                                            Zoning Board of Appeals
          within a period of fifteen (15) days from the receipt of notice
                                                                          to the official's decision.

  18. The dwelling unit shall contain no additions of
                                                      rooms or other areas which are not
         constructed with similar quality workmanship as the
                                                              original structure, including
            permanent attachment to the principal structure and
                                                                construction of a foundation as
            required herein.


 19. The dwelling unit shall comply with all pertinent building
                                                                 and fire codes. In the case of a
        mobile home, all construction and all plumbing, electrical
                                                                   apparatus and insulation within
        and connected to said mobile home shall be of a type and
                                                                       quality conforming to the
        "Mobile Home Construction and Safety Standards" as promulg
                                                                        ated by the United States
        Department of Housing and Urban Development, being
                                                                 24 CFR 3280, and as from time
        to time such standards may be amended.


20. All construction required herein shall be commenced
                                                        only after a building permit has been
        obtained in accordance with the Building Code.


21. Each dwelling unit shall have an approved establis
                                                       hed vegetative ground cover, native to the
       immediate area within 600 feet, no less than 12 months after
                                                                     occupancy. Approval shall
       be given by zoning staff of the Planning Department as part
                                                                     of the initial residential site




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                                                               Requirements.doc




                                                               30
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          plan review. A minimum of one shade tree, two and one-half inches (2.5") in diameter,
          four feet (4') from the ground or one six foot (6') evergreen tree shall be provided.
          Existing landscaping may be accepted in lieu of this requirement.

29. Each dwelling unit shall have a garage or a shed providing a minimum of sixty-four square
       feet (64    ft.) of yard storage for each dwelling unit. :



In the case of a multi-family (more than 2 units) dwelling structure which is of standard
construction, a mobile home, a premanufactured, or a precut dwelling structure, and any
additions or alterations thereto, erected or placed in the City of Muskegon, other than a mobile
home located in a licensed mobile home park approved under the provisions of Article V, MHP
Mobile Home Park Districts, shall conform to the following regulations in addition to all other
regulations of this Ordinance:

1.        Each dwelling unit shall have a minimum living area (excluding all basement area) of six
          hundred and fifty (650) square feet for a one (1) bedroom unit, of eight hundred and
          seventy-five (875) square feet for a two (2) bedroom unit, and of twelve hundred (1200)
          square feet for a three (3) bedroom unit. For each bedroom thereafter, an additional 100
          square feet of living space shall be provided.

2.        Roof drainage in the form of a roof overhang of at least twelve inches (J2") shall be
          provided to direct storm or meltwater way from the foundation, unless a gambel roof or
          other design elements necessitate an alternative roof drainage system.

3.        The roof shall have a snow load rating of forty (40) pounds per square foot.

4,        Siding shall be the same gauge for modulars and mobiles as for on-site-built homes.

5.        Garage doors may not comprise more than fifty percent (50%) of the front face of the
          structure,


6.        The structure shall be firmly attached to a permanent foundation constructed on the site in
          accordance with the building code, manufacturers specifications, and other applicable
          requirements.


7.        Any crawlspace that may exist between the foundation and ground floor of the structure
          shall be fully enclosed by an extension of the foundation wall along the perimeter of the
          building.


8.        The structure shall be connected to a public sewer and water supply when available, as
          defined by the Plumbing Code or if not available, to private facilities as approved by the
          county health department, the city, and other applicable agencies.

9.        Storage space of at least 10 percent (10%) of the interior living space of each dwelling


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                                                                   S|
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                unit, exclusive of auto storage or attic storage, shall be provided within the structure.


     10.       The subject structure shall be aesthetically compatible in design and
                                                                                           appearance with
               other dwellings within 600 feet. The review shall include but not necessarily
                                                                                                 be limited
               to: roof pitch, scale, size, mass, minimum transparency, orientation to the
                                                                                                street, and
               overhangs. The foregoing shall not be construed to prohibit innovativ
                                                                                         e design concepts
               involving such matters as (but not limited to) solar energy, view, or unique land
                                                                                                 contour.

    Il.       The structure shall contain no additions of rooms or other areas which are
                                                                                          not constructed
              with  similar quality workmanship as the original structure, including permanent
              attachment to the principal structure and construction of a foundation as
                                                                                        required herein.

    12.       Each dwelling unit shall have an established vegetative ground cover
                                                                                       no less than 12
              months after occupancy. A minimum of one shade tree, two and one-half inches
                                                                                               (2.5") in
              diameter, four feet (4') from the ground or one six foot (6') evergreen
                                                                                          tree shall be
              provided, Existing landscaping may be accepted in lieu of this requirement.


   13.       Each dwelling unit shall have a garage or a shed providing a minimum
                                                                                    of sixty-four
             square feet (64 sq. ft.) of yard storage for each dwelling unit. Said area shall be
             calculated separately from the required interior storage space.




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                                                                            .doc




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                                                                                                                           File

a                                                                    mum & Associates, Inc.
FOR: Brent Cox                                                     CIVIL ENGINEERS & SURVEYORS                            Date
       Dusendang Homes          |                         7482 Main Street            Phone: 616.457.7050             05-01-2019
       3265 Walker Ave NW, Suite D                        Jenison, Ml 49428           www. feenstrainc.com
       Grand Rapids, Ml 49544

PROPOSED PARCEL A: The Northwesterly 68.5 feet of Lot 6,
Block 378, City of Muskegon 1903 Revised Plat, Section 30,
TION, R16W, City of Muskegon, Muskegon County, Michigan.

PROPOSED PARCEL B: Lot 6, Block 378, City of Muskegon
1903 Revised Plat, Section 30, TION, RI6W, City of Muskegon,
Muskegon County, Michigan. EXCEPT, The Northwesterly 68.5
feet of Lot 6, Block 378, City of Muskegon 1903 Revised
Plat, Section 30, TION, RI6W, City of Muskegon, Muskegon
County,   Michigan.
                                                                                                                      N
PROPERTY ADDRESS:       1246, 1252, AND 1258 STH ST                                                               Scale 1" = 30

NOTE: The location of the proposed house including required
building setbacks ond elevations should be approved by the                                                   LEGEND
governing agency prior to staking or start of construction.
                                                                                                             e@   Found Iron Stoke
                                                                                                             ©    Set Iron Stoke
R-3 SETBACK REQUIREMENTS
                                                                                                             OQ   Set Wood Stake
FRONT      10° TO MINOR STREET                                                                               ®    Utility Pole
           25’ TO MAJOR STREET                                                                                     x      Fence Line




                                                                                                          Tr
REAR       18°                                                                                                      Deeded
SIDE       1-STORY 5’                                                                                               Platted
           2-STORY 5’                                                                                               Measured

                                                                                                                        Building
                                                                                                                        Deck
                                                                                                                        Concrete

                                                                                                                        Asphalt
                                                                                                                        Gravel




This survey was made from the legal description shown above.   The description should be compared with   the Abstract of
                            Title or Title Polley for accuracy, easements and exceptions.


                                                         34

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