Planning Commission Minutes 07-11-2024

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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES

July 11, 2024

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

MEMBERS PRESENT:               J. Seyferth, K. Johnson, S. Gawron, L. Willett-LeRoi, B. Mazade, J.
                               Montgomery-Keast, and S. Blake
MEMBERS ABSENT:                D. Keener
MEMBERS EXCUSED:               None
STAFF PRESENT:                 M. Franzak, S. Romine
OTHERS PRESENT:                None


APPROVAL OF MINUTES
A motion to approve the Minutes of the Planning Commission meeting on May 16, 2024, was made by K.
Johnson, supported by J. Seyferth, and unanimously approved.


PUBLIC HEARINGS
Hearing, Case 2024-13: Request to amend the planned unit development (PUD) at Harbor 31 to include
the addition of a fence at 140-146 Viridian Dr.


SUMMARY
   1. The Lakefront Condo Association (LFCA) at 140-146 Viridian Drive has requested to amend the
      Harbor 31 PUD to allow for a fence to be placed on their property. The request is for a four-foot,
      black, aluminum fence (see details in attachment/memo from applicant). There would not be any
      gates on the fence and it would be open near the driveway approach and along the boardwalk.
      The applicant is requesting the fence to keep people from trespassing on the property to access
      the boardwalk.
   2. Please see the original PUD resolution for this development, located within the
      attachment/memo from the applicant. The fifth condition listed on approval states “As much of
      the open space as possible, especially near the marina and lakeshore pathway, should be either
      left natural, or planted with native species in order to retain and enhance habitat.” The property
      has been landscaped near the edge of the boardwalk.
   3. The PUD requires that there will be two public access walkways to the boardwalk, which will soon
      be installed. One will be located just to the east of Parmenter Law and one just west of the new
      senior living facility.
   4. Notice was sent to all properties within 300 feet of the subject property. At the time of this
        writing, staff had received one written comment. Please see the enclosed comment from Bill
        Fohlbrook, who is a resident of the development, and is opposed to the fence.

PUBLIC COMMENTS
V. Fohlbrook, 140 Viridian Drive: Against the addition of the fence. The fence would sit along their condo
unit and they would prefer that a natural fence (shrubs, bushes, etc.) be used instead of an aluminum
fence.

R. Golemba, 144 Viridian Drive: Supports the addition of the fence for added safety purposes.

A. Murphy, 142 Viridian Drive: Spoke about incidents that have occurred at Viridian Shores.

J. Cross, 956 W. Grand Ave: Spoke about the boardwalk and that it has been public access for a long time
and there is a need for clearly marked public areas.

CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by J. Montgomery-Keast, supported by L. Willett-LeRoi,
and unanimously approved.

MOTION
J. Seyferth moved, seconded by J. Montgomery-Keast, that the request to amend the planned unit
development (PUD) at Harbor 31 to include the addition of a fence at 140-146 Viridian Dr be
recommended to the City Commission for denial.

ROLL CALL VOTE
K. Johnson: Yes                 S. Gawron: Yes
L. Willett-LeRoi: Yes           J. Seyferth: Yes
S. Blake: Yes                   B. Mazade: Yes


MOTION PASSES
Hearing, Case 2024-14: Request for a planned unit development (PUD) at 920 Washington Avenue (the
Watermark), 965 W. Western Avenue (Shaw-Walker building), and 1330 Division Street (vacant lot) for
additional residential and commercial development.

SUMMARY

    1. The Original PUD for the Watermark included five phases, spread over four addresses. However,
       only the first two phases were completed. Phases 3-5 were not completed and have since expired
       according to Section 2101 of the zoning ordinance (see zoning ordinance excerpt of following
       page).
    2. The new PUD is being proposed on 920 Washington Ave, 965 W Western Ave, and 1330 Division
       St. It excludes 930 Washington Ave, which is the completed Phase I of the original PUD.
    3. Please see the attached “Site Layout Map.” Phase I of this PUD will include 350 apartments, 9,917
        sf of commercial (including a restaurant), and a parking lot at the corner of Western/Division. This
        will all take place on the parcel known as 920 Washington Ave and will include buildings 3, 4, 5,
        and 6. Commercial units will be located on the first floor of building 4. Building 2 (former
        Watermark 920 event center) will now host up to 13,970 sf of commercial suites.
    4. Phase II will include 100 apartments, 70 condominiums, and 37 townhouses (site plan incorrectly
        notes 33 townhouses). The apartments and condominiums will be located on the 920 Washington
        Ave parcel as well, south of Phase I. the townhomes will be located on 965 W Western Ave in the
        current Knoll parking lot.
    5. An enclosed dumpster is proposed just north of the pickleball courts. There is also an existing
        dumpster enclose in front of building 2. There will also be dumpsters located inside building 7.
    6. Please see the attached “Unit Matrix” for a description of unit sizes.
    7. The one-story building that currently houses Knoll (building 7), an industrial business, will be used
        for indoor parking, which will include 112 parking spaces.
    8. The underlying zoning for this property is Form Based Code, Neighborhood Edge. There are no
        parking minimums required in this zoning district, but rather parking maximums. The code allows
        up to one parking space per dwelling unit and one parking space per 350 sf of floor area for
        commercial uses. This would allow up to 625 parking spaces on site, not included covered parking.
        There are 499 outdoor parking spaces proposed in this plan. Thirty-four of these spaces are
        existing in front of building 2. There are no bicycle racks proposed on the plan.
    9. Loading zones are proposed on both sides of Division St in front of building 3 and the pickleball
        court/parking lot.
    10. Notice was sent to all properties within 300 feet of the subject property. At the time of this
        writing, staff had not received any comments from the public.


PUBLIC COMMENTS
D. Leask, Beachwood-Bluffton Neighborhood: Spoke about the history of Muskegon and supports the
rehabilitation of this property.

T. Monnette, 8420 Mikko Drive: Supports the project and thinks the plans look amazing.

CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by J. Montgomery-Keast, supported by J. Seyferth, and
unanimously approved.

MOTION
L. Willett-LeRoi moved, seconded by J. Seyferth, that Phases 2-5 of the original Planned Unit Development
at the Watermark (Case 2003-16) be revoked and that the request for a planned unit development (PUD)
at 920 Washington Avenue (the Watermark), 965 W. Western Avenue (Shaw-Walker building), and 1330
Division Street (vacant lot) be recommended to the City Commission for approval with the following
conditions:

    1.   The applicant receives a stormwater permit from the Engineering Department.
    2.   A revised site plan showing bicycle racks is approved by staff.
    3.   Warning signage will be required for the two mid-block crossings on Division Street.
    4.   All utility plans must be approved by the Engineering Department.
ROLL CALL VOTE
K. Johnson: Yes                S. Gawron: Yes
L. Willett-LeRoi: Yes          J. Seyferth: Yes
S. Blake: Yes                  B. Mazade: Yes

MOTION PASSES
Hearing, Case 2024-15: Request to amend the planned unit development (PUD) at 3400,3460, 3474 Wilcox
Avenue, 1875 Waterworks Road, and 1490 Edgewater Street (the Docks).


SUMMARY

    1. The original PUD was approved in June of 2019 and was amended in June of 2020. The
       amendment was to relocate the boat basin, the addition of six housing units and an additional
       street connection to Edgewater St via Manhattan Ave.
    2. The applicant has spent the past few years working with the Michigan Department of
       Environment, Great Lakes, and Energy (EGLE) to determine where the established wetlands are
       located on site. EGLE has determined that more of the property is considered an established
       wetland than previously thought. The applicant is proposing this revised PUD to avoid
       developing on these wetlands.
    3. Please see the attached site plan packet that includes all of the relevant development
       information and changes from the previously approved PUD.
    4. Please see the attached “Lot Descriptions and Setbacks” document, which describes the
       buildings shown on the site plan. The site plan depicts units 124 and 125, but does not label
       them. They are located just east of units 93-96.
    5. The underlying zoning of the property is R-1, Low-Density Single-Family Residential. According to
       the zoning ordinance, “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.”
       This proposed PUD increases the waterfront public access from 51% in the last PUD to 85% in
       this amendment.
    6. There are 85 public parking spaces located in front of the multi-family buildings, near the
       common area. Residential parking for the multi-family housing will be located behind the
       buildings.
    7. The fire access road to Harbour Towne has remained on the plan.
    8. Please see the “Marina vs Private Docks” attachment. Dock locations on the site plan are just for
       reference.
    9. Notice was sent to all properties within 300 feet of the subject property. At the time of this
       writing, staff had not received any comments from the public.


PUBLIC COMMENTS
K. Spencer, 1456 E. Harbour Towne Circle: Has concerns about views and light pollution from her condo
unit. Her unit sits adjacent to the project and she is concerned about her views being blocked by
buildings and parking lots.
S. Balaskovich, 1683 Edgewater Street: Supports the project, but is concerned about a possible street
connection to the Edgewater Plat streets.

J. Dutchik, 3400 Sand Dock Court: Concerned about light pollution and would like to see some night sky
initiatives.

B. Thomas, 1790 Beach Street: Had questions about whether the school property was included in the
PUD and what it will be used for. She also questioned if Wilcox Street, which currently dead-ends will be
included in the project.

P. Satorious, 1575 Edgewater Street: Supports the plan and what has evolved since the start of project
talks. Had questions about access to the public beach portion of the project and doesn’t want to see
people trying to access that beach from the Edgewater Street cul-de-sac.

B. Evans, 1712 Edgewater Street: Had questions about elevations at the end of Edgewater Street and
asked if fill would be brought in to build that area up.

D. Gaynor, 1680 W. Harbour Towne Circle: Spoke about the history of plan discussions and about the
night lighting that can be done. Supports the development.

J. Eichenberg, 1661 Edgewater Street: Had a question regarding a previous plan that showed a
boardwalk connection off of Windward and off Brighton Ave so that the neighborhoods could be
connected, but doesn’t see any mention of that in the current plan. She thinks that it would be good for
the people who walk through the neighborhoods.

D. Calkins, 1675 E. Harbour Towne Circle: Had a question regarding the boat slips at the marina and who
would own them.


CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by J. Montgomery-Keast, supported by K. Johnson, and
unanimously approved.

MOTION
J. Montgomery-Keast moved, seconded by K. Johnson, that the request to amend the planned unit
development (PUD) at 3400,3460, 3474 Wilcox Avenue, 1875 Waterworks Road, and 1490 Edgewater
Street be recommended to the City Commission for approval with the following conditions:

    1.   The applicant receives a stormwater permit from the Engineering Department.
    2.   All utility plans are reviewed and approved by the Engineering Department.
    3.   Lane widths of streets are deduced to 9 or 10 feet subject to the Engineering Department.
    4.   Bulb outs are eliminated on road A.
    5.   Road C will be connected back to road B.
    6.   The parking lot to the southern marina parking lot will be revised as discussed.
    7.   Landscaping areas inside of parking areas and streets will be privately maintained.
    8. A public/private street map will be provided and describe the ownership as discussed with all
       publicly-owned roadways being publicly accessible.
    9. A landscaping plan is approved by the Planning Department.

ROLL CALL VOTE
K. Johnson: Yes                S. Gawron: Yes
L. Willett-LeRoi: Yes          J. Seyferth: Yes
S. Blake: Yes                  B. Mazade: Yes

MOTION PASSES
Case 2024-16: Request for a minor amendment to the planned unit development (PUD) at Hartshorn
Village to add fuel tanks outside of the building at 1100 Adelaide Blvd.


SUMMARY

    1. The original PUD was approved in January of 2022. It was amended in March of 2022 to replace
       17 single-family houses with a condominium building. It was amended again in January of 2023
       to reduce the number of single-family houses and to eliminate the condominium building and
       replace it with the boat storage building.
    2. The applicant is now requesting approval to allow three fuel storage tanks outside of the boat
       storage building at 1100 Adelaide Blvd. The tanks have already been installed, the permit is
       being applied for after the fact. A grass area has also been incorporated into the driveway. The
       fuel tanks will be used to fill up boats before they are dropped into the lake.
    3. Please see the attached site plan. The tanks are setback 25 feet from the building and
       approximately 200 feet from the water.
    4. The building permits are currently under review and there do not appear to be any issues. They
       meet the required setbacks for the building/fire codes.
    5. This request is being presented as a minor amendment. Under Section 2101 (Development
       Options) of the zoning ordinance, “Incidental or minor changes may be approved by the
       Planning Commission of the proposed modifications do not alter the basic design or land uses of
       the plan. 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.”



MOTION
J. Montgomery-Keast moved, seconded by S. Gawron, that the request for a minor amendment to the
Hartshorn Village PUD to install three fuel storage tanks at 1100 Adelaide Blvd be approved.

ROLL CALL VOTE
K. Johnson: Yes                S. Gawron: Yes
L. Willett-LeRoi: Yes          J. Seyferth: Yes
S. Blake: Yes                  B. Mazade: Yes
MOTION PASSES
L. Willet-LeRoi moved, seconded by J. Montgomery-Keast, to amend the motion to approve the
installation of three fuel storage tanks at 1100 Adelaide Blvd, with the condition that all permits are
received before the use of the three tanks begins.

ROLL CALL VOTE
K. Johnson: Yes                 S. Gawron: Yes
L. Willett-LeRoi: Yes           J. Seyferth: Yes
S. Blake: Yes                   B. Mazade: Yes

MOTION PASSES
K. Johnson moved to amend the motion, seconded by J. Montgomery-Keast, to add screening around the
three tanks, subject to the staff approval.

ROLL CALL VOTE
K. Johnson: Yes                 S. Gawron: Yes
L. Willett-LeRoi: Yes           J. Seyferth: Yes
S. Blake: Yes                   B. Mazade: Yes

MOTION PASSES
Case 2024-17: Request for a site plan review for a new 15,063 sf building at 0 Stebbins Rd (Property # 24-
115-300-0001-20), by the Muskegon Area Intermediate School District (MAISD).


SUMMARY

    1. The MAISD’s Career Tech Center will be expanding its Building Arts Program and needs additional
       space as well as district wide storage and parking.
    2. The subject parcel is located just to the east of the existing Career Tech Center located at 200 S
       Harvey St. There is an existing vet building/shed located on the subject parcel.
    3. The subject parcel measures just under five acres and is zoned RM-1, Low-Density Multifamily
       Residential. The proposed building measures 15,063 sf.
    4. A new curb cut is proposed on Stebbins Rd. The new facility can also be accessed through the
       existing parking lot at 200 S Harvey St.
    5. Stormwater will be stored in basins on the east and west sides of the property. A stormwater
       permit from the Engineering Department is required before construction.
    6. There are 13 new parking spots provided.
    7. Please see the enclosed site plan and elevations.
MOTION
J. Seyferth moved, seconded by J. Montgomery-Keast, that the request for site plan approval for the new
building at 0 Stebbins Road be approved with the following condition:

    1. A stormwater permit is obtained from the Engineering Department.


ROLL CALL VOTE
K. Johnson: Yes                S. Gawron: Yes
L. Willett-LeRoi: Yes          J. Seyferth: Yes
S. Blake: Yes                  B. Mazade: Yes

MOTION PASSES
OLD BUSINESS
None.
ADJOURN
There being no further business, the meeting was adjourned at 6:54 pm.

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