Planning Commission Minutes 03-18-2021

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                                    CITY OF MUSKEGON
                                  PLANNING COMMISSION
                                     SPECIAL MEETING
                                         MINUTES

                                          March18, 2021

Chairperson T. Michaski called the meeting to order at 4:07 p.m. and roll was taken.

MEMBERS PRESENT:             L. Spataro (Muskegon, MI), B. Mazade (Muskegon, MI), T.
                             Michalski (Muskegon, MI), J. Doyle (Muskegon, MI), J.
                             Montgomery-Keast (Muskegon, MI); D. Keener (Muskegon, MI), F.
                             Peterson (Muskegon, MI).

MEMBERS ABSENT:              S. Gawron, excused; E. Hood, excused.

STAFF PRESENT:               M. Franzak, H. Griffith

OTHERS PRESENT:              Via Zoom: S. Benedict, Urban Ventures of West Michigan, LLC
                             (Muskegon, MI); T. Serio, Urban Ventures of West Michigan, LLC
                             (Muskegon, MI); D. Hansen, Dimensions in Architecture (Muskegon,
                             MI); C. Roberts, Michigan CannaHouse, LLC (Fremont, MI); H. Kiel,
                             2111 Dowd (Muskegon, MI).

APPROVAL OF THE MINUTES

A motion to approve the Minutes of the regular Planning Commission meeting of January 14, 2021
with the correction that J. Montgomery- Keast was absent, was made by F. Peterson, supported by J.
Doyle and unanimously approved.

ELECTION OF OFFICERS

A motion that T. Michaski and B. Mazade continue as Chairperson and Vice-Chairperson was made
by J. Montgomery-Keast, supported by J. Doyle and unanimously approved.

PUBLIC HEARINGS

Hearing, Case 2021-06: Request to amend Section 2331 of zoning ordinance to allow the following
marihuana related license types at 420 S Harvey St, by Corey Roberts: Recreational class b growing,
processing, retail, designated consumption establishments and special events. M. Franzak presented
the staff report. The applicant applied in October 2020 to amend the ordinance to allow for
microbusiness, designated consumption establishment and special event license types at this same
location. The case was tabled and eventually denied (2-7 vote by Planning Commission. City
Commission denied by a 0-5 vote). At the December hearing where it was denied, the applicant had
also applied for a new case where they were requesting to amend the ordinance to allow for growing,
processing, provisioning, retail, designated consumption establishments and special event license
types at this same address. The motion to recommend approval to the City Commission failed again
2-7. The motion to adopt the amendment passed by a 5-0 vote at the first City Commission meeting,
however, a second reading was required and a motion to pass the amendment failed 0-5. This was
after the applicant spoke to the Commission about ownership issues. The applicant has stated that
 
 
there are no more ownership issues associated with the property and is requesting the same license
types they applied for in December. Notice was sent to properties within 300 feet of this property.

B. Mazade asked if there were any updates since the case was last heard. M. Franzak stated that the
property ownership was the only change. The rest remained the same. J. Doyle asked about the
different types of licenses. C. Roberts described what each of the licenses entailed. The location would
allow for a compassion license, but they were not interested in that type of license. They would also
look at having special events at the location which a fee is required, and the state would have to
approve it as well.

A motion to close the public hearing was made by J. Montgomery-Keast, supported by L. Spataro
and unanimously approved.

D. Keener asked what the average of the applications received were from African Americans. M.
Franzak stated that they have been business corporations from other states and he did not know the
base makeup of the businesses. C. Roberts stated that he is a state certified social equity applicant
having spent time in prison for utilizing cannabis while on probation. One of his business partners is
a local minority. D. Keener asked how many licenses are in the City. M. Franzak stated that there are
several overlay districts and there is no cap on the number of the licenses. D. Keener has concerns
due to the location because it is within walking distance of two college campuses.

A motion that the request to amend Section 2331 of zoning ordinance to allow the following
marihuana related license types at 420 S Harvey St (Recreational class b growing, processing, retail,
designated consumption establishments and special events) be recommended to the City Commission
for approval, was made by F. Peterson, supported by T. Michalski and motion failed with J.
Montgomery-Keast, F. Peterson and T. Michalski voting aye and L. Spataro, B. Mazade, J. Doyle,
and D. Keener voting nay.

Hearing, Case 2021-07: Request to rezone 2172 Dowd St, 2184 Dowd St, 2157 Hudson St, 2169
Hudson St and 2171 Hudson St from R-1, Low Density Single Family Residential to Form Based
Code, Urban Residential by Stephen Benedict and Thomas Serio. M. Franzak presented the staff
report. The property located at 2157 Hudson has been removed from the request. The properties are
zoned R-1, Low Density Single Family Residential and measure 1.3 acres combined. The City of
Muskegon owns 2169, 2171, 2184 Hudson St and 2172 Dowd St (mechanical tower site). A private
citizen owns 2157 Hudson St and was willing to sell the property to the applicant on the condition of
rezoning. An aerial map showing the addresses was provided to the commission members. The
applicant is planning a development that would include duplexes. The area is identified by a mixture
of residential zoning types and offers a variety of housing options such as single family, duplexes and
large apartment complexes. A copy of the zoning map and aerial map were provided to the
commission members. A former fire station was located on 2171 and 2184 Hudson St. It was
demolished in 2002 and the property has sat vacant since. The mechanical tower on 2172 Dowd St is
no longer functional and options are being explored to remove. The FBC, UR zoning designation
would allow for single-family, duplexes, rowhomes and carriage houses (accessory dwelling units).
It would not allow for small multiplexes because the lots are not serviced by an alley. Notice was sent
to properties within 300 feet. At the time of this writing, staff had not received any comments from
the public. Staff recommends approval of the request. Housing options of all types are needed
throughout the City and this location already offers more intense residential uses. M. Fanzak read the
public comments that were received into the record. The first comment was neither for or against the
request with four others being against the rezoning.

 
 
B. Mazade asked for clarification of the housing that is proposed and what is and is not allowed under
the current zoning district and what the change of zoning would allow. With duplexes not being
allowed. Based on the lot size being eight single family homes with the possibility of ten duplexes.
M. Franzk stated that a single-family home would require 50 feet of street frontage and 40 feet for
duplexes. He clarified that the request is for the rezoning request and is not based on the project itself.
L. Spataro verified that with form-based code there could be the construction of four-unit structures
with an active alley and that they could not do this due to there not being an active alley. M. Franzak
stated that it would require an active alley. T. Serio stated he and S. Benedict are partners in this
project. He stated that there are other duplexes and multi family homes in this neighborhood and
would be a good fit with the surrounding area. J. Doyle asked how many duplexes that they would
construct. T. Serio shared a sketch of the duplexes and that they would have 4 units on each side street
(Dowd and Hudson). They are looking at cost effectiveness. D. Keener asked if they would be rentals
and the average rent. T. Serio stated that they would be rentals and they were looking at $1,000 to
$1,300 based on the size for the area. B. Mazade stated that this would be a good use for these
properties. H. Kiel called in and stated that he owns the vacant lot adjacent to the properties on
Hudson. He asked if the trees would remain as a buffer. T. Serio stated that they would be retained as
a buffer.

A motion to close the public hearing was made by J. Montgomery-Keast, supported by L. Spataro
and unanimously approved.

A motion that the request to rezone 2172 Dowd St, 2184 Dowd St, 2169 Hudson St and 2171 Hudson
St from R-1, Low Density Single Family Residential to Form Based Code, Urban Residential be
recommended to the City Commission for approval was made by L. Spataro, supported by J.
Montgomery-Keast and unanimously approved with J. Montgomery-Keast, L. Spataro, B. Mazade,
J. Doyle, F. Peterson, D. Keener and T. Michalski voting aye.

NEW BUSINESS

Case 2021-08: Request for a site plan review for a 10,200-sf addition to the building at 1840 Industrial
Blvd, by Johnstone Supply. M. Franzak presented the staff report. The property is zoned I-2, General
Industrial and measures 1.6 acres. The applicant has acquired additional property to the south from
their neighbor. A site plan was provided to the commission members. They are proposing a 10,200 sf
building addition along with an additional 18 parking spaces. A stormwater permit has been issued
by the Muskegon County Drain Commissioners Office. The additional stowrmwater will be contained
within the new detention pond. The fire department has indicated that an additional fire hydrant will
be required to service the addition. The zoning ordinance requires that all required front setbacks shall
be landscaped with a minimum of one (1) canopy or shade tree, two (2) understory or evergreen trees
and (2) shrubs, for each thirty (30) lineal feet (or major portion thereof) of frontage abutting the right-of-
way. This equated to a requirement of four (4) canopy trees, eight (8) understory and six (6) shrubs.
These may be planted anywhere on site. Staff recommends approval of the site plan with the following
condition: An amended site plan that includes the fire hydrant addition and landscaping additions be
approved by staff. The new plan was approved by the Fire Marshall and a landscape plan needs to be
included.

L. Spataro asked if there were other items needed or would there be any problems with meeting what
is requested by staff. D. Hansen stated that there would not be any problems.

A motion that the request for a site plan review for a 10,200-sf addition to the building at 1840
Industrial Blvd be approved with the following condition: An amended site plan that includes the fire
 
 
hydrant addition and landscaping additions be approved by staff, was made by J. Montgomery-Keast,
supported by J. Doyle and unanimously approved with J. Montgomery-Keast, L. Spataro, B. Mazade,
J. Doyle, F. Peterson, D. Keener and T. Michalski voting aye.

OLD BUSINESS

None

UPDATE ON PREVIOUS CASE:

Hearing, Case 2021-04: Request to rezone a portion of the property at 685 Access Hwy from I-1,
Light Industrial to I-2, General Industrial by Asphalt Paving, Inc.

Approved by City Commission at the March 9 meeting.

There being no further business, the meeting was adjourned at 5:00 p.m.

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