Approved Agreements and Contracts 2024/03/12 Amend PUD at 1148 & 1204 W Western Adelaide Point

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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.




                                                                                                     Paae 137 of 215
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Thursday, January 11, 2024


Adelaide Pointe
1204 W. 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
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                                      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)
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approved. Dock 4 shall be
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vessels and provide non-                                              op                                            v2" DIA                                      bh /                                                                     geese
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East Basin shopper dock. Per                                 TYP. SPUD PILES (16)                                                                                                      l
                                                                             3° DIA                                                                                                        — TYP. 20°X6' GANGINAY
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the Cooperative Use
Agreement a charge may be                                  S80.
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cover staffing costs and
ensure proper upkeep and                                  NY                                                              EXISTING PARKING LOT                                                               |                            = “s    wo


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maintenance of the dock.                                                                                                                                                                                                                                @        8


Overnight mooring will not                                                                                                                                                                                                                    ;        Dee §

 be allowed and security on                                                                                                                                                                                                          Th
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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
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