Planning Commission Minutes 07-11-2013

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                                                CITY OF MUSKEGON
                                              PLANNING COMMISSION
                                                REGULAR MEETING
                                                     MINUTES

                                                      July 11, 2013

Chairman T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.

MEMBERS PRESENT:                        L. Mikesell, B. Mazade, J. Doyle, S. Gawron, B. Larson, B. Smith,
                                        T. Michalski

MEMBERS ABSENT:                         L. Spataro, excused

STAFF PRESENT:                          M. Franzak, D. Renkenberger

OTHERS PRESENT:                         S. Novak, T4 Group, 1700 Lakeshore Dr; J. EldenBrady, 1336 Spring;
                                        M. Dobry, 820 Terrace St; P. Webber, 870 E. Isabella; J. Rigterink,
                                        MEDC


APPROVAL OF MINUTES

A motion that the minutes of the regular meeting of April 11, 2013 be approved, was made by J.
Doyle, supported by B. Larson and unanimously approved.

PUBLIC HEARINGS

Hearing, Case 2013-09: Staff-initiated request to vacate the portion of Temple Street south of Delano
Avenue. M. Franzak presented the staff report. The City of Muskegon recently sold the vacant lot on
Temple Street in the Seaway Industrial Park to Schultz Transportation. The company currently runs
their business on the parcel of land to the east of this vacant lot. They would like to combine the two
lots so that they can operate their business on one contiguous piece of property. In order to do so,
Temple Street, which separates the two parcels, must be vacated. Although an easement was created
for the establishment of Temple Street, the road was never created.
A motion to close the public hearing was made by B. Mazade, supported by B. Larson and
unanimously approved.
A motion that the vacation of Temple Street south of Delano Avenue be recommended to City
Commission for approval based on compliance with the City’s 1997 Master Land Use Plan, with the
conditions that 1) All utility easements will be retained, and 2) Structures may not be developed over
the vacated street, was made by B. Larson, supported by L. Mikesell and unanimously approved.

Hearing, Case 2013-10: Request to amend the final Planned Unit Development for lots 6, 7, 8, and 9
of the Downtown Muskegon Development Corporation project--commonly known as 242 West
Western Avenue, 781 Terrace Street, 771 Terrace Street, and 256 Market Street--for the addition of a
farmers market, by the Downtown Muskegon Development Corporation (DMDC). Steven Novak of
the T4 Group, LLC was present to answer questions on behalf of the DMDC. The subject property
consists of vacant parcels zoned B-3, Central Business, with a PUD Overlay. The approval for the
Final PUD was given by City Commission on February 22, 2005. At that time, the site plan only
Planning Commission Minutes – 7/11/13                                                                         1
included the proposed street grid, locations 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”. There are 136 vendor spaces planned for the new farmer’s market.
Each vendor will be able to utilize one parking space. There are 229 parking spaces located on-site, so
on a full day there will be about 93 on-site parking spaces for the public. The first parking space
nearest to the entrance on West Western Avenue as shown on the plans should be eliminated for safety
concerns. There are also parking spaces located on Morris Street, Terrace Street and West Western
Avenue. The project will utilize four properties currently owned by the Downtown Muskegon
Development Corporation at 781 Terrace Street (1.42 acres), 771 Terrace Street (1.41 acres), 256
Market Street (0.21 acres), and 242 West Western Avenue (0.92 acres). The property and facilities will
be donated to the City after completion of the project. The plan states that Market Street will be
vacated; however, that is an error and the street will remain in existence. The proposed office building
(3,500 square feet) will be located off West Western Avenue. There will also be space for a
commercial kitchen that will serve as a type of business incubator. Attached to the office will be an
all-season, fully enclosed vending building (2,800 square feet) that will allow for up to 16 year round
vending spaces. There will be two sets of restrooms: one located at the entrance on the corner of
Morris and Terrace Streets, and one located near the offices off Western Avenue. The landscaping plan
was provided on a separate plan. A stone landscaping wall will be constructed on the corner of Morris
and Terrace Streets. Most of the lot is covered by structures or pavement. There are no landscaping
islands in the parking lot, only striped areas that restrict parking. The addition of landscaping islands
would help offset the additional stormwater runoff from the large amount of impervious surfaces. It
would also help lower the heat index, provide for better pedestrian crossing, and is aesthetically
pleasing. Snow storage locations should be shown on the plan; however, it should not be an issue with
only 16 year round vending spaces. The Planning Department requires that the following items be
amended on the site plan as a condition of approval: 1) the parking space nearest to the entrance on
West Western Avenue should be eliminated, and 2) parking islands should be considered. The
Engineering Department has the following conditions of approval: 1) all new sidewalks must have
ADA compliance ramps at meeting of points and curbs, and 2) ADA parking spaces must be identified.
There were no other comments regarding this request.

M. Franzak stated that there was currently lighting on the street owned by Consumers Energy, but it
was slated to be removed and no other lighting was shown in the plans for the parking lot. He also
stated that he highly recommended landscaping islands for a parking lot of this size; there would be 4
½ to 5 acres of solid concrete. He recommended other parking improvements, such as a green buffer
along the aisles, which would also provide space for lighting. He stated that the stalls would light up,
so that was another possibility for lighting during off-hours. L. Spataro offered comments on the plan
and stated that he would like to have sidewalks along Market Street. M. Franzak stated that it could
present a safety issue when market vendors would be parking or driving over the sidewalk area on
market days. B. Mazade stated that he understood that concern, but suggested that the sidewalks could
be closed on market days. J. Doyle asked if the curb would be cut out at those locations. M. Franzak
stated there would be a rolled curb, enabling vehicles to cross it. B. Mazade suggested that parking
spaces could be labelled instead of striped so the entire area didn’t look like a big parking lot. L.
Mikesell noted that Market Street widened in a certain area and suggested using that space for a
sidewalk. S. Gawron agreed with the need for sidewalks to tie in this site with the rest of the
streetscape and maintain a pedestrian-friendly downtown. B. Larson stated that the plan was a work in
progress and that changes could be made at a later time if needed. T. Michalski concurred, and stated
that the issues that had been raised could be alleviated by using proper signage.


Planning Commission Minutes – 7/11/13                                                                  2
S. Novak addressed the sidewalk issue. He stated that Market Street itself could become the sidewalk
during market times, and be closed to vehicle traffic. He also stated that he had originally shown
landscape islands on the plans but removed them; he stated that there had been talk of installing an ice
rink at the site during the winter. The plan did not show lighting because he wasn’t sure what type
would be used yet. He did plan to install lighting and stated he would work with City staff on the type.
J. Doyle asked if there would be fencing along Western Avenue. S. Novak stated that that had been
eliminated. B. Mazade referred back to the sidewalk issue and stated that he understood the use of
Market Street for pedestrians during the market, but there was no designated pedestrian walkway for
days that the market was not operating. He stated that the widened area of Market Street mentioned
earlier was currently designated for parallel parking.

J. EldenBrady spoke about the market and said he was not opposed to it, but felt that the PUD
amendment in this case violated the zoning ordinance. M. Larson-Williams, from the Chicago office
the U.S. Post Office, read a statement from the Post Office: The Post Office does not support the
location of the farmers market as proposed. They believe it does not provide enough parking and they
are concerned that market customers will use Post Office parking. They are also concerned about the
security of Post Office vehicles and property. M. Dobry of Westshore Law Offices spoke on behalf of
the law firm and stated that they support the new farmer’s market location. P. Webber stated that she
loved the farmer’s market, but was opposed to the new location, citing lack of parking and a smaller
area. S. Novak and M. Franzak discussed the available parking around the new market site.

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

S. Gawron reiterated that he felt strongly about the need to have sidewalks on the site.

A motion that the amendment to the Final PUD for 100 Muskegon Mall for properties at 242 West
Western Avenue, 781 Terrace Street, 771 Terrace Street, and 256 Market Street be approved, pursuant
to the determination of compliance with the intent of the City Zoning Ordinance and City Master Land
Use Plan, subject to the conditions that, 1) The parking space nearest to the entrance on West Western
Avenue is eliminated, 2) The issue of additional parking islands will be worked out with City staff, 3)
All new sidewalks must have ADA compliance ramps at meeting of points and curbs, 4) ADA parking
spaces are identified, and 5) additional lighting on the site will be worked out with City staff, was
made by B. Larson, supported by B. Smith and unanimously approved.


NEW BUSINESS
B. Larson brought up the issue of the West Michigan Steel property being up for sale or auction, and
asked if the City should consider a zoning change.

OLD BUSINESS
None

OTHER

Redevelopment Ready Communities Presentation – J. Rigterink presented information on the
Michigan Economic Development Corporation’s Redevelopment Ready Communities program for
board members and other interested parties.

There being no further business, the meeting was adjourned at 5:36 p.m.
Planning Commission Minutes – 7/11/13                                                                 3

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