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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, February 15, 2007
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Election of Officers
III. Approval of minutes of the meeting of January 11, 2007.
IV. PUBLIC HEARINGS
A. Hearing; Case 2007-03: Request to amend the Final PUD for 100 Muskegon
Mall, for the properties located at 350, 356, 360, and 376 W. Western Avenue,
by Gary Post, Western Avenue Properties, LLC.
B. Hearing; Case 2007-04: Staff initiated request to amend Section 2319,
(Residential Design Criteria, # 22 of Article XXIII, General Provisions, regarding
vegetative ground cover.
C. Hearing; Case 2007-05: Staff initiated request to amend Section 2308, (Outdoor
Seating), of Article XXIII, General Provisions, to add language for outdoor
seating for restaurants and similar uses.
V. NEW BUSINESS
VI. OTHER
VII. Adjourn
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Muskegon, MI 49440
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
February 15, 2007
Hearing; Case 2007-06: Request to amend the Final PUD for 100 Muskegon Mall, for the
property located at 350, 356, 360 and 376 W. Western Avenue, by Gary Post, Western Avenue
Properties, LLC.
Applicant: Gary Post, Western Avenue Properties, LLC
Property Address/Location: 350, 356, 360, and 376 W. Western Avenue
Request: Request to amend the Final PUD for 100 Muskegon Mall
Present Land Use: Three Vacant Buildings and a vacant parcel
Zoning: B-3, Central Business with PUD Overlay
STAFF OBSERVATIONS
1. The applicant received approval for the Final PUD from City Commission on February
22, 2005.
2. At that time, the site plan only included the proposed street grid, location of five existing
buildings, and “buildings and structures as proposed and the spatial relationship to each
other and existing downtown structures”. Uses within existing or newly developed
buildings had not yet been determined, but the approval was for “mixed use, residential
and commercial”.
3. The PUD was amended in June 2005 to revise the street design. The changes included
eliminating two traffic circles, and adding one at the corner of Third and Western. Also
changed was the configuration of Jefferson Street eliminating two intersections.
4. The changes proposed at this time are minimal, since these are existing buildings that
encompass all the property on each parcel. Also included is the 30 x 105.72 ft. vacant
parcel at 376 W. Western, proposed as a courtyard for pedestrian access and possible
outdoor seating for a future restaurant. Decorative paving and some limited landscaping
will be installed for curb appeal. If a deli or fast food restaurant is included in one of the
commercial spaces in the Daniel’s building, it is possible there will be room for some
outdoor seating in this area, as depicted on the drawings. The entrance to the elevator
would also be off the courtyard area.
5. The northwest portion of the Daniel’s building would be demolished and that area used to
accommodate the elevator and house the utility meters, transformers, and other utility
equipment. There would be screening and a gate provided for this equipment.
6. One of the major issues with this request involves determining that the three sites have
adequate parking. This is very difficult to determine at this time, since only 356 W.
Western’s (the former Century Club) use has been determined, although some other uses
are anticipated for some of the spaces.
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7. In order to make a best guess on the required parking for the three structures, staff
worked with the developer using the square footages of each space to come up with an
approximation of total parking for commercial and residential parking. It appears that the best
estimate is around 245 spaces. This number is after the 30% allowed on-street parking is
subtracted from the total.
8. The owners of the property have acquired a parking agreement with Downtown
Muskegon Development Corporation (DMDC) for 50 parking spaces located on the
property at the corner of Third and Morris. This number of spaces is only enough to
accommodate the majority of the spaces needed for the former Daniel’s and Century
Club buildings. For the third building, the former Muskegon Savings Bank, figures used
for the parking calculations were those for a restaurant for the majority of the space, and
commercial for the remainder. A restaurant use has the most intensive parking
requirements, but the developer preferred to use a sorst case scenario for the calculations.
Staff would recommend the owner be required, as a condition of approval of this request,
to obtain additional parking agreements when necessary as each building is leased for
uses in the future.
9. The Planning Department has the following conditions for approval:
a. Parcel numbers need to be shown on the site plan.
b. No outdoor lighting is indicated. Any proposed outdoor lighting must be 100%
cut-off style.
c. Site plan must show location of fire lanes and fire lock boxes.
d. Additional parking agreements must be approved by the Planning Department for
the Muskegon Savings Bank building as the space is developed and leased.
10. DPW and Police approved of the revised site plan.
11. The Fire Department lists the following conditions of approval:
a. All available fire hydrants shall be shown or listed on plans.
b. Key boxes required for Fire Department access.
c. Water supply fire flow information shall be submitted to Fire Marshall’s office
and DPW.
d. Alleyway shall be designated as fire lane.
e. Project shall comply with International Fire Code 2003 Edition, Chapter 5 fire
service features, Appendix C for hydrant distribution and location.
f. Project shall comply with International Fire Code, Appendix D for fire apparatus
roads. See D 105 for aerial access requirements. Public road shall be adjusted to
meet aerial access on Western Avenue in front of buildings.
g. List proposed building construction type.
12. Engineering had the following comments:
a. The service lines shown on sheet #2 are existing not proposed.
b. The sanitary sewer service shown on sheet #2 to unit #5 is in the back, not off of
Western as shown and noted on said sheet.
13. Staff has received no comments on this request.
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Front view of the buildings. Rear view of the buildings from Morris.
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ORDINANCE EXCERPTS
Planned Unit Developments
Excerpted from Section 2101: Development Options
1. Planned Unit Development (PUD) Purpose
The purpose of this option is to permit flexibility in the regulation of land development;
encourage innovation in land use and variety in design, layout, and type of structures
constructed; achieve economy and efficiency in the use of land, natural resources and
utilities; encourage provision of useful open space; provide adequate housing,
employment, and shopping opportunities particularly suited to the needs of the residents
of the City of Muskegon and encourage the use, reuse, and improvement of existing sites
and buildings when the uniform regulations contained in zoning districts do not provide
adequate protection and safeguards for the site or surrounding area.
This option is intended to accommodate developments with mixed or varied uses, to
allow some degree of flexibility in the application of standards and regulations in this
Ordinance to achieve innovation to development on sites with unusual topography or
unique settings within the community, or on land which exhibits difficult or costly
development problems, and shall not be allowed where this option is sought primarily to
avoid the imposition of standards and requirements of zoning classifications rather than
to achieve the stated purposes above.
a. Planned Unit Development Regulations, Standards and Requirements
1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written authorization
of all property owners.
2) The application shall meet the criteria established in each specified
zoning district.
b. PUD Review Procedures
1) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD plan to
determine its suitability.
4) The final phase shall require a detailed development plan for any part of
the approved conceptual PUD plan.
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c. Standards for Approval of PUD Plans
The Planning Commission shall approve, deny or modify preliminary PUD plans,
based upon the following standards. Likewise, the City Commission shall
approve, deny, or modify final PUD plans (after review and recommendation by
the Planning Commission) based upon the following standards.
1) The uses proposed will have a beneficial effect, in terms of public health,
safety, welfare, or convenience of any combination thereof, on present and
potential surrounding land uses. The uses proposed will not adversely
affect the public utility and circulation systems, surrounding properties, or
the environment.
2) The uses proposed should be consistent with the land use plans adopted by
the City.
3) The amount of open space provided, which the Planning Commission or
City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
4) The amount of off-street parking areas, which the Planning Commission
or City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
5) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.
6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
7) The uses proposed will result in safe, convenient, uncongested and well
defined vehicular and pedestrian circulation systems.
2. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary phase
approval:
a. A general development plan depicting the proposed locations of streets, parking
areas, open spaces, buildings and structures, and their spatial relationships, the
relationship to off-site improvements and infrastructure and any unusual
topographic features.
1) Approval by the Planning Commission of the PUD Preliminary Plan shall
remain in effect for a period not to exceed three (3) years from the date of
approval.
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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. 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.
STAFF RECOMMENDATION
Staff recommends approval of the request to amend the Final PUD for 100 Muskegon Mall, 350,
356, 360, and 376 W. Western Avenue, with the listed conditions.
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DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2331of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the minor amendment to the Final PUD for 100 Muskegon Mall, 350, 356, 360, and
376 W. Western Avenue be (approved/denied) pursuant to the determination of (compliance/lack
of compliance) with the intent of the City Zoning Ordinance and City Master Land Use Plan,
subject to the following condition:
1. All conditions listed by the Planning and Fire Departments in #9 and #11 of the staff
report be met.
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Hearing; Case 2007-04: Staff initiated request to amend Section 2319, (Residential Design
Criteria, # 22 of Article XXIII, General Provisions, regarding vegetative ground cover
BACKGROUND
There have been complaints recently regarding the use of dune grass as “vegetative ground
cover” in a Lakeside development. Although staff has informed the developer that he would
need to provide a lawn within one year, staff felt it may be in the best interest of future
developments and the City to strengthen the language and made it very clear as to what is
required. The new language below is the way in which this section has been applied in the past,
but hopefully the clarification of the actual language will help in the future.
NEW LANGUAGE
Deletions are crossed out and additions are in bold.
22. Each dwelling unit shall have an approved established 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 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.
DELIBERATION
I move that the amendment to Section 2319, #22, (Residential Design Criteria) of Article XXIII,
General Provisions, of the City of Muskegon Zoning Ordinance, be recommended to the City
Commission for (approval/denial).
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Hearing; Case 2007-05: Staff initiated request to amend Section 2308, (Outdoor
Seating), of Article XXIII, General Provisions, to add language for outdoor seating for
restaurants and similar uses.
BACKGROUND
Staff knows of at least two restaurants on Western Avenue who want to add outdoor
seating to their businesses. With the development of the downtown moving forward at a
rapid pace, it seems like the right time to put this language in place to help regulate
outdoor seating in all commercial areas. This language helps protect established
businesses from street vendors who may try to set up in front of their establishment, since
the seating must be ancillary to the main use of the building. It also helps control such
things as noise, pedestrian circulation, encroachment on the public right-of-way, and
provide for aesthetically compatible outdoor furniture.
NEW LANGUAGE
Outdoor seating for restaurants, cocktail lounges, and similar uses is permitted,
provided:
1. The area devoted to outdoor seating must be ancillary to the main use
of an indoor restaurant, cocktail lounge, bakery, coffee shop,
delicatessen, specialty food store, or similar establishment.
2. Pedestrian circulation and access to the building entrance shall not be
impaired. A minimum of three (3) feet of sidewalk along the curb and
leading to the entrance to the establishment must be maintained free
of tables, chairs, and other encumbrances.
3. The seating area shall be limited to the same property directly
adjacent to the permitted use to which the seating area is accessory
and shall not extend into adjoining sites. If adjoining sites both have a
seating area, there shall be a divider between them.
4. Tables, chairs, umbrellas, canopies, planters, waste receptacles, and
other elements of street furniture shall be compatible with the
architectural character of the principal building.
5. Outdoor amplification shall be prohibited except only to play music in
compliance with Code of Ordinances, City of Muskegon, Part II,
Chapter 26, Article II, Noise, Division I, Generally, Sec. 2634, (a & b)
“Playing of radios, musical instruments, etc.”
6. The area devoted to outdoor service shall not encroach upon or
extend over any public alley or right-of-way without an encroachment
agreement with the City of Muskegon.
7. A site plan shall be submitted which clearly depicts the seating area
and location and style of tables and chairs, reflecting ample aisles for
pedestrian traffic, and dividers, if needed.
8. The outdoor seating area shall not obstruct visibility of on-coming
pedestrians or vehicular traffic, and must adhere to clear visions
standards of the Zoning Ordinance.
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9. The sale of alcoholic beverages is subject to the rules and regulations
of the State of Michigan Liquor Control Commission.
10. All outdoor furnishings shall be completely removed from sidewalk
areas December 1 through March 1 of each year.
11. The area devoted to such outdoor dining area shall be maintained in a
safe, clean, and sanitary manner.
12. Roof seating shall comply with the building code, and not contain
signage.
DELIBERATION
I move that the amendment to Section 2308, (Outdoor Seating) of Article XXIII, General
Provisions, of the City of Muskegon Zoning Ordinance, be recommended to the City
Commission for (approval/denial).
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