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Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 12, 2024 Title: Request to amend the Planned Unit Development at 1148 & 1204 W Western Ave (Adelaide Point). Submitted by: Mike Franzak, Planning Director Department: Planning Brief Summary: Request for the 4th amendment to the PUD at Adelaide Point. Detailed Summary & Background: The Planning Commission unanimously recommended approval of the request at their February meeting with the following conditions: 1. More details, including a landscaping plan, shall be included for the proposed median on Adelaide Blvd. 2. The parking configuration does not change from previously presented 3'¢ amendment for the AP PUD plan. 3. An application for an elevated bike path be submitted to EGLE. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Action Item: Amount Requested: Budgeted Item: N/A Yes No N/A | X Fund(s) or Accounit(s): Budget Amendment Needed: N/A Yes No N/A | X Recommended Motion: To approve the request to amend the Planned Unit Development at 1148 & 1204 W Western Ave with the following conditions: 1. More details, including a landscaping plan, shall be included for the proposed median on Adelaide Blvd and approved by staff. 2. The parking configuration does not change from previously presented 34 amendment for the AP PUD plan. A revised site plan showing no changes in the parking configuration shall be approved by staff. Paae 135 of 215 3. An application for an elevated bike path be submitted to EGLE. Approvals: Guest(s) Invited / Presenting: Immediate Division Yes Head Information Technology Other Division Heads Communication Legal Review Paae 136 of 215 3'¢ amendment for the AP PUD plan. 3. An application for an elevated bike path be submitted to EGLE. STAFF RECOMMENDATION: To approve the request to amend the Planned Unit Development at 1148 & 1204 W Western Ave with the following conditions: 1. More details, including a landscaping plan, shall be included for the proposed median on Adelaide Blvd and approved by staff. 2. The parking configuration does not change from previously presented 3rd amendment for the AP PUD plan. A revised site plan showing no changes in the parking configuration shall be approved by staff. 3. An application for an elevated bike path be submitted to EGLE, Ist MOTION WITH AMENDMENT FROM 3RD MOTION: Motion by Commissioner German, second by Commissioner Kilgo, to approve the request to amend the Planned Unit Development at 1148 & 1204 W Western Ave with the following conditions: 1. More details, including a landscaping plan, shall be included for the proposed median on Adelaide Blvd and approved by staff. 2. The parking configuration does not change from previously presented 3rd amendment for the AP PUD plan. A revised site plan showing no changes in the parking configuration shall be approved by staff. 3. An application for an elevated bike path be submitted to EGLE. -ADDITIONAL CONDITIONS FROM 3RD MOTION (MOTION TO AMEND) 4. M3 to be removed from southwest corner. 5. No fuel storage farm without the proper permits from state and federal agencies and no work to be done until proper state and federal permits are issued. 6. M2 to be shortened by half of proposed length, reduction being inward. 7. Changes to R1 (condo building) are not approved as the change was not called out onthe amendment and is not consistent with the mors recent approval. ROLL VOTE: Ayes: Johnson, Kilgo, Keener, Gorman, and St.Clair Nays: German and Kochin MOTION PASSES 2nd Motion Motion by Commissioner German, second by Commissioner Kochin, to table this item until the next regularly scheduled meeting immediately following state review of currently pending dock permit. Page 15 of 20 ROLL VOTE: Ayes: Keener, German, and Kochin Nays: St.Clair, Johnson, Kilgo, and Gorman MOTION FAILS 3rd Motion Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to amend the motion to approve the request to amend the Planned Unit Development (4th Amendment) at 1148 & 1204 W. Western to include the following additonal conditions: 1. M3 to be removed from southwest corner. 2. No fuel storage farm without the proper permits from state and federal agencies and no work to be done uniil proper state and federal permits are issued. 3. M2 to be shortened by half of proposed length, reduction being inward. 4. Changes to R1 (condo building) are not approved as the change was not called out onthe amendment and is not consistent with the mors recent approval. ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, and Gorman Nays: Kochin and German MOTION PASSES 2024-25 PUBLIC HEARINGS A. Recommendation of Annual Renewal of Liquor Licenses City Clerk To adopt a resolution recommending the State withhold renewal of those liquor license establishments who are in violation of Section 50-146 and 50-147 of the Code of Ordinances for the City of Muskegon. These establishments have been found to be in non-compliance with the City Code of Ordinances and renewal of their liquor licenses should not be recommended by the City Commission. If any of these establishments come into compliance by March 21, 2024, they will be removed from this resolution, and recommendation for their renewal will be forwarded to the Liquor Control Commission. STAFF RECOMMENDATION: Acopt the resolution. Motion by Vice Mayor St.Clair, second by Commissioner Gorman, to close the Page 16 of 20 Planning Commission Staff Report Excerpt February 15, 2024 Hearing, Case 2024-01: Request to amend the Planned Unit Development at 1148 & 1204 W Western Ave (Adelaide Point), by Adelaide Point QOZB, LLC. SUMMARY 1. This is the 4th amendment to the Adelaide Point PUD. Please see the enclosed timeline that describes the amendments in detail. 2. The requested amendments include the following: a. The primary function of the east boat basin will change from boat staging to fishing. The shopper docks will be moved to the east side of the existing boat launch, next to the forklift drop. Transient docks will be moved to the east side of the central peninsula. The fuel dock has been moved to the central basin. b. A planting median has been introduced on Adelaide Blvd to denote the entrance into the development. c. The former railroad path has been converted to a multi-use path along the southern edge of the campus. d. A connection has been made from the bike path on the west side of development to the sharrow lanes on Adelaide Circle. 3. Please see the enclosed “Shopper Dock Relocation” and “AP Fishing + ADA Access Plan” documents. 4, Notice was sent to everyone within 300 feet of the property. At the time of this writing, staff did not receive and comments. 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Western Avenue Muskegon, MI 49441 Mr. Mike Franzak Zoning Administrator City of Muskegon 933 Terrace Street Muskegon, MI 49441 Dear Mr. Franzak, Please be aware that Adelaide Pointe does hereby intend to request modification to the Adelaide Pointe PUD as previously approved. Adelaide Pointe believes that there is an opportunity to improve shopping, mooring, ramp activities and fishing by relocating the approved shopper dock within the East Basin to the forklift drop adjacent to the Hartshorn Ramp. This modification will also enhance Adelaide Pointe’s boat launching capabilities as enabled by the Cooperative Use Agreement. The following is a summary of changes and benefits proposed: Mooring Figure 1 Docks 1, 2 and 3 as shown in NOTES. 1 TOPOGRAPHIC ANO BATHYMETRIC SURVEY PERFORNED BY TOTAL AREA GF PROPOSED DOCK SYSTEW. 2280 SE Xf 43) i ” EDGEWATER RESOURCES CN 041132223 fo) freee ~ Figure 1 shall be used for the 2. VERTICAL DATUANS OLDS { / | 6 3, HORIZONTAL DATUM I$ MICH GAN STATE PLANE. SOUTH ZONE, MUSKEGON LAKE D g “ HADES JNTERNATIONAL FOOT to -560 la operation of forklift 4 AVERAGE WATER LEVEL ON DAY OF SURVEY (USACE) = 579 23° IGLD'85 } co ais 5 5 PROPERTY LINES ARE APPROXIMATE WAVE ATTENUATOR = \ EIS FA launching and retrieval 6. USACE CHWit = £61.5 (ICLD'85), EGLE OHV = $20.9 (\CLOES) , ; \ Z| be operations as previously 7, LWD= ‘ $77.8 (IDES) \ , / {! | Shopper Dock [ tee | _! {| \ \ } /\_|B) Baez 2) ase as008 \ - PE fife §| BaSas8 approved. Dock 4 shall be used to stage customer AS “e TYP. GUIDE PILES (3) J/\} /]IPH/ be Eos vessels and provide non- op v2" DIA bh / geese % TS FLOATING DOCK Ty hf 250886 customer members of the — TYP. GUIDE PILES (3) S— ’ NV ' J public a shopper dock ’ 1Z°DIA. Y ae : location closer to downtown N 3 — oe than the previously approved oi East Basin shopper dock. Per TYP. SPUD PILES (16) l 3° DIA — TYP. 20°X6' GANGINAY (4) the Cooperative Use Agreement a charge may be S80. assessed to non-customer Ds ~ TYP, FLOATING PIERS (3) os Vv v members of the public to vsrceoauy van . Si cover staffing costs and ensure proper upkeep and NY EXISTING PARKING LOT | = “s wo és ra Ww maintenance of the dock. @ 8 Overnight mooring will not ; Dee § be allowed and security on Th 4 bhak nee all four gates will be put in — 1204 W. Western Avenue Muskegon, MI 49441 — (231-726-2957) Paae 146 of 215 place to prevent injury and destruction of property. Terms and conditions of the relocated East Basin dock shall have the same rights, conditions and obligations as previously approved. Public Boat Ramp Currently the Hartshorn has no protection from Easterly and North-Easterly wave conditions. Dock 4 shall act as a wave attenuator and eliminate any sort of conditions that could cause injury or harm to citizens and their property while launching and retrieving vessels. The additional protection provided will also reduce damage to the Hartshorn ramp and property throughout the harbor. Fishing Access During the summer of 2023 Adelaide Pointe and Bear Lake Tavern funded a Purdue University study on the migratory and spawning behaviors of Yellow Perch within the Muskegon Lake watershed. It was discovered that Muskegon Lake has its own unique species of Yellow Perch that prefers shallower, warmer waters whereas Lake Michigan Yellow Perch prefer deeper and colder waters. The East Basin has become one of the best fishing locations on Muskegon Lake for this unique and previously undiscovered species of Yellow Perch. As Yellow Perch is also one of the most desired and tasty species of fish this unique opportunity is of great benefit to the public. Relocating the previously approved East Basin shopper dock preserves fishing access within the East Basin. Should the City approve this relocation as illustrated a net new fishing resource will become available via Dock 4. Anew concrete pad will be poured to connect the parking lot to a ADA approved gangway and no forklift activity within close proximity will take place to ensure safety. Reservation of dock usage rights per the Cooperative Use Agreement shall be extended from the East Basin and be preserved. State of Michigan law regarding free navigation upon the surface of the waters shall also be preserved. Summary The PUD change requested improves shopping, mooring, ramp activities and fishing to further strengthen the public private partnership between the City of Muskegon and Adelaide Pointe. Adelaide Pointe humbly requests that these changes be approved in an expedient manner so as to allow for State and Federal application submittals. Please do not hesitate to contact us with any questions, considerations or ideas for improvement. Sincerely, Ryan M. Leestma Founder and Owner 616-633-6020 rml@leestmamanagement.com 1204 W. Western Avenue Muskegon, MI 49441 — (231-726-2957) Paae 147 of 215 eJ6G0)g —_ v ‘(206S9d'e) Auos'ajdenpy* I8‘30XZNMVETS :(0€b28L-dy)wo"yae-Min 0 °b-O mas .0- 01=.4 D 9EXPT N‘O1I0SY Pa‘ON 10 4s‘uoquiny Polaig -ws0yg ‘swuoypsuog 1‘9m8L4,S sAwIonlad3 YadNIiSMWs SLI17MA3O ONISHW8 NHOISLWVi31d9 SIN2Vl8La3e0d LIaNSv3OdM 1NaIsvSWd3G SaxOeVa INMVA1 41ON3IaS0LWd lvog dwva TaLOH T43DN04 .c va 98 “a ee va ite) la’ ia
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