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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, September 16, 2021
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Approval of Minutes from the regular meeting of July 15, 2021.
III. Public Hearings
A. Hearing, Case 2021-24: Request for preliminary Planned Unit Development approval for a mixed
use development at 920/1148/1204 W Western, by Ryan Leestma.
B. Hearing, Case 2021-25: Request for final Planned Unit Development approval for a mixed use
development at 920/1148/1204 W Western, by Ryan Leestma.
C. Hearing, Case 2021-26: Staff initiated request to amend the Lakeside Form Based Code to allow
caregivers, microbusinesses, designated consumption establishments, class A recreational grows,
class A medical grows, class B medical grows and temporary marihuana events as a special use
permitted in the Lakeside Commercial and Lakeside Heavy Commercial context areas.
IV. New Business
V. Other
A. Updates on previous cases
VI. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes
of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting, upon 24- hour notice to
the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or
calling the following:
Ann Meisch, City Clerk
933 Terrace Street
Muskegon MI 49440
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STAFF REPORT
September 16, 2021
Hearing, Case 2021-24: Request for preliminary Planned Unit Development approval for a mixed use
development at 920/1148/1204 W Western, by Ryan Leestma.
SUMMARY
1. The proposed PUD consists of two privately-owned parcels (1148 & 1204 W Western) and a portion
of the charter park at Hartshorn Marina (920 W Western). The usage of the charter park would be
done through a shared access agreement. The size of the entire project is 37.3 acres.
2. There are three underlying zoning designations within the proposed PUD; Lakefront Recreation,
Heavy Industrial and Form Based Code, Neighborhood Edge.
3. The land uses associated with the PUD include light industrial, boat storage, multi-family residential,
retail and a new marina and boat launch.
4. The new streets (Adelaide Ave, Adelaide Dr, Adelaide Circle) will be publicly owned and
maintained.
5. Public access to the site will increase significantly, especially to the lakeshore. The bike path would
be repositioned slightly, moving it closer to the water. The three peninsulas will be publicly
accessible and a fishing pier will be constructed at the end of the peninsula on the charter park
property. That peninsula is currently gated and only accessible to those utilizing the small boat basin.
The gate will be removed to allow for public access to all. The 30 slips at the former small boat basin
would be removed, but 70 transient slips would be available at the new marina. The former small
boat basin would be used as another boat launch with a lift that can launch boats up to 100 feet, an
amenity the City currently does not possess. The launch would be operated by the developer but
would remain open for public use.
Development Area as Viewed from Western Ave
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Aerial Map
Zoning Map
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Zoning Ordinance Excerpt:
a. 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.
STAFF RECOMMENDATION
Staff recommends approval of the preliminary PUD.
DELIBERATION
I move that the request for preliminary Planned Unit Development approval for a mixed use development at
920/1148/1204 W Western be (approved/denied).
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Hearing, Case 2021-25: Request for final Planned Unit Development approval for a mixed use development
at 920/1148/1204 W Western, by Ryan Leestma.
SUMMARY
1. A detailed site plan (C-1.00) and illustrative map (V-2.00) can be found inside of the PUD Submittal.
Within the site plan map, you will also see a chart that depicts the building heights/sizes, unit counts
and parking information. A larger copy of this document has been separately included in your
packet. Staff agrees that parking needs can be met through shared parking by different uses and
elimination of some required spaces due to certain reductions.
2. Any approvals will be contingent upon issuance of a storwmwater permit from the Muskegon County
Drain Commissioners Office. The stormwater management plan is currently under review at that
office.
3. The Public Works and Fire Department offices are still working with the applicant on the location of
fire hydrants and water main at the northern end of the site. Public Works desires to see all of the
public water main located within the public right-of-way. All approvals should be contingent up staff
approving these measures.
4. The Planning Department would like to see buildings C5 and C6 contribute more to the public realm
and pedestrian experience on Western Ave. This is the area that has the underlying form based code
zoning, which was intended to create more walkable, pedestrian oriented developments. Regarding
this development, its obvious that the waterfront is the key feature. However, staff believes that some
modifications to these buildings could help draw people into the development and other future
developments on the south side of Western Ave. Staff would recommend that these buildings be
located closer to Western Ave and incorporate pedestrian-scaled elements such as transparent
windows and adequate entrances along the front façade.
5. The Planning Department would also encourage the proposed parallel parking spaces on Adelaide
Circle be reduced from 10 feet to 7 feet, which could reduce the size of the ROW by up to 6 feet.
6. Staff is currently working with the developer on these staff comments and they are preparing to
present new materials at the meeting that will address these issues.
7. The developer is currently finalizing the phasing plan and will present it at the meeting.
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STAFF RECOMMENDATION
Staff recommends approval of the plan with the inclusion of the staff comments. The Imagine Muskegon
Lake Plan discusses 12 important “metric and measureable” goals for public amenity features that residents
identified along Muskegon Lake. This development will help address nine of these goals.
Increased boat slips, including transient slips.
An additional boat launch, which includes a boat lift that can accommodate 100’ long boats.
A new fishing pier on the Hartshorn Peninsula
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Much more of the site will be publicly accessible, including increased public access to two of the peninsulas.
The bike path will remain along the water (will actually get closer to the water)
An increase in access to the waterfront. New sidewalks within the development accessible to the public.
A new bike path “cut through” that will allow pedestrians the ability to bypass the waterfront bike path for a
more direct route along Western Ave. New parking spaces at the end of Western Ave for pedestrians that
would like to park and bike.
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Addition of high density housing and mixed-use buildings.
Ideas and Vision Plan from Imagine Muskegon Lake
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DELIBERATION
I move that the request for final Planned Unit Development approval for a mixed use development at
920/1148/1204 W Western be recommended to the City Commission for (approval/denial) with the
following conditions:
1. A stormwater permit is obtained from the Muskegon County Drain Commissioners Office.
2. Staff approves an amended site plan that addresses the comments from the Public Works, Fire and
Planning Departments.
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Hearing, Case 2021-26: Staff initiated request to amend the Lakeside Form Based Code to allow caregivers,
microbusinesses, designated consumption establishments, class A recreational grows (500 plant max), class
A medical grows (100 plant max), class B medical grows (500 plant max) and temporary marihuana events
as a special use permitted in the Lakeside Commercial and Lakeside Heavy Commercial context areas.
SUMMARY
1. Marihuana caregivers are allowed in B-2, B-4, Medical Care, I-1 and I-2 zoning districts.
2. The Lakeside Business District was made up predominantly of B-2 and B-4 zoning districts. They
were rezoned to Lakeside Form Based Code in May 0f 2019. The newly created Lakeside Form
Based Code did not allow for caregivers at the time, an oversight from staff. There is now a legally
non-conforming caregiver located in Lakeside, as it existed before the zoning change.
3. In November of 2020, in an effort to help get more local people involved in the marihuana industry,
the Commission adopted an ordinance amendment that would allow smaller marihuana license types
to operate where caregivers were already allowed. These license types included microbusinesses,
designated consumption establishments, class A recreational grows, class B recreational grows, class
A medical grows and temporary marihuana events as a special use permitted.
4. Had the Lakeside Business District not been rezoned to Lakeside Form Based Code, the Lakeside
Businesses would have enjoyed the ability to operate these uses under a special use permit.
5. Staff is proposing to amend the Lakeside Form Based Code ordinance to allow these same license
types in the Lakeside Commercial and Lakeside Heavy Commercial Context areas.
6. There are 37 properties in Lakeside that have Lakeside Commercial and Lakeside Heavy Commercial
Context areas, however, most of them do not have enough space to operate for marihuana production.
Its estimated that for a 100 plant grow, there will need to be at least 4,000-5,000 sf available for
growing and harvesting.
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DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to amend the Lakeside Form Based Code to allow caregivers, microbusinesses,
designated consumption establishments, class A recreational grows, class B recreational grows, class A
medical grows and temporary marihuana events as a special use permitted in the Lakeside Commercial and
Lakeside Heavy Commercial context areas be recommended to the City Commission for approval.
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