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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
June 15, 2023
T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: J. Seyferth, J. Montgomery-Keast, L. Spataro, J. Doyle, K. Johnson,
T. Michalski, B. Mazade, E. Hood
MEMBERS ABSENT: D. Keener
MEMBERS EXCUSED: None
STAFF PRESENT: M. Franzak, W. Webster
OTHERS PRESENT:
APPROVAL OF MINUTES
A motion to approve the Minutes of the Regular Planning Commission meeting on April 13,
2023 was made by J. Montgomery-Keast, supported by K. Johnson, and unanimously approved.
OLD BUSINESS
None.
PUBLIC HEARINGS
Hearing, Case 2023-10:
Request to rezone the property at 1043 Washington Ave from R-2 to FBC, NE, by FMA Rentals,
LLC.
SUMMARY
1. The property is zoned R-2, Single Family Medium Density Residential. However, it contains
a non-conforming, mixed-use building with five apartment units and one commercial unit.
2. The structure measures just under 5,000 ft2 and sits on a 9,812 ft2 lot.
3. The building is registered on the dangerous buildings list. The previous owner was not
able to make the necessary upgrades. The new owner was able to purchase the building
and put money into escrow to place the building under superintendent control in order
to save it from demolition. They are currently in the process of making the necessary
upgrades.
4. The new owner would like to convert the commercial unit into another residential unit. A
rezoning to Form Based Code, Neighborhood Edge would make the existing building a
legal, conforming use and would also allow the conversation of the commercial unit into
a residential unit. This building could be considered either a “small multiplex” or “mixed-
use” building as defined by the form-based code.
5. Notice was sent to everyone within 300 feet of this property. At the time of this writing,
staff had not received any comments from the public.
STAFF RECOMMENDATION
Staff recommends approval of the rezoning. It would bring the property back into legal
conformance and would also allow for commercial or residential spaces on the ground floor.
CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by L. Spataro, supported by J. Montgomery-
Keast and unanimously approved.
MOTION
J. Montgomery-Keast moved, seconded by E. Hood, that the request to rezone the property at
1043 Washington Ave from R-2, Single Family Medium Density Residential to Form Based Code,
Neighborhood Edge be recommended to the City Commission for approval.
ROLL CALL VOTE
J. Seyferth: Yes T. Michalski: Yes J. Montgomery-Keast: Yes
J. Doyle: Yes L. Spataro: Yes B. Mazade: Yes
K. Johnson: Yes E. Hood: Yes
MOTION PASSES
Hearing, Case 2023-11:
Request for a special use permit for a drive-thru window at 825 E Laketon Ave, by Zala, LLC (DBA
“Little Caesars”).
SUMMARY
1. The property is zoned B-2, Convenience & Comparison Business.
2. Drive-thru windows are allowed with a special use permit under two conditions:
• A setback of at least 60 feet shall be provided from the street right-of-way line of any
existing or proposed major thoroughfare (does not pertain to this case, as it’s not a
major thoroughfare).
• Ingress and egress points shall be located at least 60 feet from the intersection of any
two streets.
3. One of the two current businesses (Little Caesars) located in this building is interested in
adding a drive-thru window to the east side of the building, adjacent to the public alley.
A small portion of the building would be removed to make room for vehicle access.
4. There appears to be adequate vehicle stacking space for the drive-thru, which will be
located in a currently unused section of the parking lot.
5. There are adequate parking spaces for the businesses on site and this plan would only
remove two spaces (pictured below) located to the east of Little Caesars.
6. There are three driveway approaches on or adjacent to this property. There is one located
at the southwest corer of the property. One located on Continental St near the
intersection of Laketon. And one located adjacent to the northeast corner of the property,
which is a public alley. The driveway approach located on Continental St near the
intersection of Laketon Ave would need to be removed in order to meet the guidelines
for a special use permit.
7. Notice was sent to everyone within 300 feet of this property. At the time of this writing,
staff had not received any comments from the public.
STAFF RECOMMENDATION
Staff recommends approval of the drive thru window as long as the curb cut near the intersection
is removed.
CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by J. Montgomery-Keast, supported by B.
Mazade and unanimously approved.
MOTION
K. Johnson moved, seconded by J. Montgomery-Keast, that the request for a special use permit
for a drive-thru window at 825 E Laketon Ave be approved with the following conditions based
on the above statement of conclusions:
1. The curb cut near the intersection is removed and replaced with new curb.
2. An updated site plan is approved by staff.
ROLL CALL VOTE
J. Seyferth: Yes T. Michalski: Yes J. Montgomery-Keast: Yes
J. Doyle: Yes L. Spataro: Yes B. Mazade: Yes
K. Johnson: Yes E. Hood: Yes
MOTION PASSES
Hearing, Case 2023-12:
Request for a special use permit for a gas station at 860 W Sherman Blvd, by Satwinder Multani.
SUMMARY
1. The property is zoned B-2, Convenience & Comparison Business. Gas stations are allowed
with the issuance of a special use permit under the following conditions:
• The curb cuts for ingress and egress to a service station shall not be permitted at
such locations that will tend to create traffic hazards in the streets immediately
adjacent thereto. Entrances shall be no less than twenty-five (25) feet from a street
intersection (measured from the roadway) or from adjacent residential property,
and subject to other ordinances of the City.
• The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
that ample space is available for motor vehicles which are required to wait.
• There shall be provided, on those sides abutting or adjacent to a residential district,
a four foot (4') completely obscuring wall or fence. The height of the wall or fence
shall be measured from the surface of the ground.
• All lighting shall be shielded from adjacent residential districts and from abutting
streets.
• All rest rooms doors shall be shielded from adjoining residential property.
2. Please see the enclosed site plan and narrative provided by the applicant.
3. The existing 9,382 sf building currently hosts Lighthouse Liquors. The building would be
modified to create another suite for the gas station.
4. A future 5,445 sf retail building is proposed to the east near Henry St. This review does not
grant approval of this proposed building and another site plan will be required at that time.
It is only intended to show how the site will function once completely developed. However,
it does appear to meet applicable setback requirements.
5. The three landscaping islands to the north on the property will be removed and one large
landscaping island will be put in its place.
6. The driveway approach on Henry St is proposed to be widened from 20 feet to 30 feet.
Staff prefers smaller curb cuts to better align with walkability efforts. There are also
multiple driveway approaches to the south and west that lead to this property. Staff has
requested that the applicant submits a truck turning template that shows the necessary
approach width at this location.
7. The applicant has stated that the landscaping requirements have not been met because of
concerns over the placement of utilities under Henry St. Staff is currently looking into other
possible options.
8. The Fire Marshal has stated that the gas meter needs protection that meets the
requirements of the International Fire Code Section 603.9 and Section 312. The current
level of protection is inadequate for a drive thru lane of traffic.
9. Notice was sent to everyone within 300 feet of this property. At the time of this writing,
staff had not received any comments from the public.
STAFF RECOMMENDATION
Staff recommends approval of the special use permit as long as the following items are
addressed:
• The gas meter meets the requirements of the International Fire Code Section 603.9 and
Section 312.
• The applicant demonstrates the need for the wider driveway approach with the submittal
of a truck turning template.
• Additional landscaping is placed in the new landscaping island.
CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by J. Montgomery-Keast, supported by L.
Spataro and unanimously approved.
MOTION
J. Montgomery-Keast moved, seconded by E. Hood, that the request to rezone the property at
1043 Washington Ave from R-2, Single Family Medium Density Residential to Form Based Code,
Neighborhood Edge be recommended to the City Commission for approval.
ROLL CALL VOTE
J. Seyferth: Yes T. Michalski: Yes J. Montgomery-Keast: Yes
J. Doyle: Yes L. Spataro: Yes B. Mazade: Yes
K. Johnson: Yes E. Hood: Yes
MOTION PASSES
NEW BUSINESS
Case 2023-13:
Request to amend the Planned Unit Development at Hartshorn Village (1000 W Western Ave) to
relocate the proposed boat storage building.
SUMMARY
1. The Planned Unit Development was amended for the second time in February 2023 to
replace the condominium building with the boat storage building, amongst other
changes.
2. The new proposed changes to the site plan include:
• Moving the boat storage building from a five-foot setback to a 100-foot setback from
the bike path.
• A pool for the boat storage tenants will be placed in the front setback.
• The alternate bike path around the boat storage building will be extended further
south and will be constructed over the former railroad. It will then turn north along
Adelaide Blvd as originally planned.
3. Please see the rules for amending a PUD below. Staff believes this request would be
considered minor.
4. Please see the approved PUD from February 2023 on the following page and the enclosed
proposed PUD amendment site plan.
MOTION
K. Johnson, seconded by J. Montgomery-Keast, moved to amend the PUD at Hartshorn Village
(1000 W Western Ave) and relocate the proposed boat storage building back 100 ft, and
accommodate a pool in its place, with a minimum of a 5ft setback, and remove references to
the club house and pool at the far eastern edge of the PUD.
ROLL CALL VOTE
J. Seyferth: Yes T. Michalski: Yes J. Montgomery-Keast: Yes
J. Doyle: Yes L. Spataro: Yes B. Mazade: Yes
K. Johnson: Yes E. Hood: Yes
MOTION PASSES
Case 2023-14:
Request to submit the draft master plan to the City Commission to approve for distribution and
review.
SUMMARY
1. The final draft of the master plan is available for review on the website. A link to the files
will be sent in a separate email.
2. The Planning Commission must recommend that they City Commission distributes the
draft plan for review. The plan must be reviewed by the regional planning commission,
county board of commissioners, public utility companies, railroads and all municipalities
contiguous to Muskegon.
3. Please see the calendar below that describes the final steps in the adoption of the plan.
CALENDAR
June 8 - Draft Plan placed on website.
June 15 - Request to recommend that the City Commission distribute the plan for review.
June 27 - City Commission meeting. Seeking approval to open 63-day review period.
June 28-August 24 - Offer meetings to anyone that would like to discuss and comment.
August 31 - Special Planning Commission meeting. Public Hearing and recommendation to City
Commission to approve the plan.
September 12 - Final presentation, public hearing and adoption.
MOTION
J. Montgomery-Keast moved, seconded by K. Johnson, that the request to submit the draft of
the master plan to the City Commission for approval of distribution and review.
ROLL CALL VOTE
J. Seyferth: Yes T. Michalski: Yes J. Montgomery-Keast: Yes
J. Doyle: Yes L. Spataro: Yes B. Mazade: Yes
K. Johnson: Yes E. Hood: Yes
MOTION PASSES
UPDATES ON PREVIOUS CASES
None.
OTHER
None.
ADJOURN
There being no further business, the meeting was adjourned at 5:20 pm.