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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, October 10, 2019
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 September 12, 2019.
III. Public Hearings
IV. New Business
a. Case 2019-25: Request for a site plan review for two new buildings at 1713 7th St, by
Catholic Charities of West Michigan.
V. Old Business
VI. Other
a. Review of Chapter 3 of “Suburban Nation”
VII. Adjourn
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of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting, upon twenty-four 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
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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
September 12, 2019
Chairperson T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, B. Mazade, E. Hood, F. Peterson, M. Hovey-Wright, S. Gawron,
J. Montgomery-Keast
MEMBERS ABSENT: J. Doyle, excused; B. Larson
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: C. Slater, Catholic Charities of West Michigan; M. Bowen, Bowen Land
Development; S. Franklin, 951 E Barney Ave; G. Bird, 1880 Park St; P.
Loudermill-Watkins, NAACP; C. Pizinski, 1839 Peck St; C. Fanta, Redbud
Roots
APPROVAL OF MINUTES
A motion to approve the Minutes of the regular Planning Commission meeting of August 15, 2019 was made
by M. Hovey-Wright, supported by E. Hood and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2019-23: Staff initiated request to rezone the property at 1713 7th St from I-2, Heavy
Industrial to B-4 General Business and MC, Medical Care (northeast corner of property). M. Franzak
presented the staff report. The property measures 2.7 acres and is zoned I-2, General Industrial. Park Street
Storage, which was demolished in 2018, was previously located on this site but the property is now owned
by the City. The City has been working with Catholic Charities of West Michigan (CCWM) on a land swap
that would give the 7th St. property to them, and they would give their current building at the corner of
3rd/Houston to the City. The City would work with developers to create a mixed-use development at the
3rd/Houston location, and CCWM would use the 7th St. property to construct a new office building (in the B-
4 area) and a rehab center (in the MC area). In addition to residential homes, the Rescue Mission, Norchuck
Supply, Keene Lumber, a carpentry shop and other small businesses are located in the direct vicinity. Staff
feels that a downzoning from heavy industrial to general business is appropriate for the neighborhood, and
recommends approval of the rezoning. The Master Land Use Plan calls for buffer zones between residential
and industrial uses.
J. Montgomery-Keast asked what type of facility would be located in the MC district and if CCWM would
continue to provide the same services as they currently do. C. Slater stated that they would have a medically
supervised detox center in the MC district and that they would continue their same programs. B. Mazade
asked if the final plan would require Planning Commission approval. M. Franzak stated that he expected at
least one building would require Planning Commission review, as it would be over 10,000 square feet in size.
There were no comments from the audience.
A motion to close the public hearing was made by J. Montgomery-Keast, supported by E. Hood and
unanimously approved.
A motion that the request to rezone the property at 1713 7th St from I-2, Heavy Industrial to B-4 General
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Business and MC, Medical Care be recommended to the City Commission for approval, was made by J.
Montgomery-Keast, supported by F. Peterson and unanimously approved, with T. Michalski, B. Mazade, E.
Hood, F. Peterson, M. Hovey-Wright, S. Gawron, and J. Montgomery-Keast voting aye.
Hearing, Case 2019-24: Staff-initiated request to amend the Medical Marihuana Facilities Licensing Act
Overlay District to also allow for Recreational Marihuana facilities. M. Franzak presented the staff report.
Staff is proposing to amend of Section 2330: Medical Marihuana Facilities Overlay District to allow
recreational marihuana in addition to medical. A new proposed ordinance for Section 2330, titled
“Marihuana Facilities Overlay District” was provided to the board for review. The types of Medical
Marihuana facilities that have been allowed in the current zoning area include Growers, Processors,
Provisioning Centers, Safety Compliance and Transportation. These licenses are also allowed under the
Recreational Marihuana law; however Provisioning Centers are referred to as Retailers. The Recreational
Marihuana law also allows the following new types of licenses:
• Microbusinesses -
o May cultivate up to 150 plants
o May process and package marihuana
o May conduct retail sales to customers but not other marihuana establishments
• Temporary Marihuana Event - This license allows a Marijuana Event Organizer to run an
event, which has been approved by the local municipality, where the onsite sale or
consumption of marijuana products, or both, are authorized at a specific location for a limited
time. Licensed Retailers and Microbusinesses may participate. The Marijuana Event
Organizer is required to hire security and ensure that all rules and requirements for onsite
consumption of marijuana products are followed. Events may last 1-7 days. May only be
held at a venue expressly approved by a municipality for the purpose of holding a temporary
marihuana event
• Designated Consumption Establishment - Allows the license holder, with local approval, to
operate a commercial space that is licensed by the MRA and authorized to permit adults 21
years of age and older to consume marijuana and marijuana products on premises. A
Designated Consumption Establishment license does not allow for sales or distribution of
marijuana or marijuana product, unless the license holder also possesses a Retailer or
Microbusiness license. A person that allows consumption of marihuana products on the
premises of a nonresidential location and charges a fee for entry, sells goods or services while
individuals are consuming on the premises, or requires membership for entry shall acquire a
designated consumption establishment or temporary marihuana event license.
• Excess Marihuana Grower - Allows a licensee who already holds five adult-use Class C
Grower licenses to expand their allowable marijuana plant count.
Staff is proposing to allow all of the legal Recreational Marihuana facilities to locate within the current
Medical Marihuana Facilities Overlay District and rename it Marihuana Overlay District. However, new
building and site requirements have been added to increase the revitalization efforts of the area. A redlined
version of the new ordinance was provided to the board showing the proposed changes. The State is only
allowing businesses with approved Medical Marihuana licenses to apply for Recreational Marihuana licenses
for the first two years. Our current Medical Marihuana Facilities Overlay District has resulted in the
transformation of at least two severely blighted properties into attractive properties. There are also at least
15 other properties within the district that have been approved and are currently in the design process for
their facilities. These license holders are likely to cancel their investments if they are not allowed to apply
for recreational licenses as well. The State will begin accepting Recreational Marihuana license application
on November 1. The City must either opt out of Recreational Marihuana or have an adopted ordinance
before that date, otherwise those businesses may locate anywhere within the City. M. Franzak received three
comments prior to this meeting: 1) J. Gallagher, 1848 5th St was opposed to the request due to the additional
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noise and traffic it would create, 2) S. Pacyga, 1816 Jefferson was also opposed, and 3) M. Schneider owned
property in the proposed district and was in favor of the request.
J. Montgomery-Keast stated that Michigan law required recreational marijuana users to be at least 21 years
old, and asked where that was addressed in the city ordinance. M. Franzak stated that it was a state law and
therefore was not included in the city ordinance, similar to alcohol age limits which were not addressed in
city ordinance. The city followed state law. M. Franzak stated that staff enhanced the requirements
regarding bringing the properties out of blight and adding amenities. E. Hood asked if there were any
requirements regarding the hiring of local workers. M. Franzak stated that it was not addressed, as it was not
a zoning issue. He would have to check with the city attorney on the legalities of that type of requirement.
B. Mazade asked about security requirements. M. Franzak stated that those remained the same as they had
been in the medical marihuana districts. The city had also removed the requirement for bay doors in order to
match state law. T. Michalski asked about a “Cannabis Park” sign that had been erected on a property in the
district. M. Franzak stated that staff had been attempting to contact the property owner and would begin
enforcement action. T. Michalski also mentioned a sign that had “Redbud” on it and asked how strict the
city would be in determining compliance with sign requirements. M. Franzak stated that staff would need to
look into that, as city commissioners were also concerned about sign content.
The public hearing was opened. M. Bowen of Bowen Land Development supported the request. S. Franklin
owned property in the district and asked if the entire district would be approved or if it would be spot-zoned.
T. Michalski stated that it was the entire medical marihuana district that was being considered. G. Bird, 1880
Park St, stated that he was opposed to the request, as he didn’t think it was a good thing for city residents,
and there were safety issues. P. Loudermill-Watkins stated that she was the President of the local NAACP.
She stated that qualified people would be needed to work in this industry and she supported the training and
hiring of local workers. C. Pizinski stated that she owned 1839 Peck and was in favor of the request; in order
for them to move ahead with rehabbing their building, they needed the revenue from the marihuana industry.
C. Fanta of Redbud Roots stated that they owned a medical marihuana facility and were in favor of the
request. Their other facilities employed about 50 people, and they intended to hire local workers for their
Muskegon location.
A motion to close the public hearing was made by B. Mazade, supported by F. Peterson and unanimously
approved.
T. Michalski asked if the former Blais auto dealership building on Laketon Avenue was included in the
proposed district. M. Franzak stated that it was. T. Michalski asked if City Commissioners had overturned
the Planning Commission’s recommendation regarding that property; M. Franzak confirmed that they had.
T. Michalski asked that the Planning Commission be notified under “Old Business” when the City
Commission overturned any of their decisions.
A motion that the request to amend the Medical Marihuana Facilities Licensing Act Overlay District to also
allow Recreational Marihuana facilities be recommended to the City Commission for approval, was made by
F. Peterson, supported by E. Hood and approved, with T. Michalski, E. Hood, F. Peterson, M. Hovey-
Wright, S. Gawron, and J. Montgomery-Keast voting aye, and B. Mazade voting nay.
NEW BUSINESS
None
OLD BUSINESS
Windward Pointe – M. Hovey-Wright requested an update. M. Franzak discussed the latest information on
the site and stated that he expected it to be zoned under a Planned Unit Development. B. Mazade thought
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that the discussion on zoning should be with the end user. F. Peterson stated that the potential buyer had
been involved in the city’s conversations about the property.
OTHER
Review of Chapter 2 of “Suburban Nation” – L. Mikesell provided a review of the second chapter of this
book and answered board members’ questions.
There being no further business, the meeting was adjourned at 4:40 p.m.
DR
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STAFF REPORT
October 10, 2019
Case 2019-25: Request for a site plan review for two new buildings at 1713 7th St, by Catholic Charities of
West Michigan.
SUMMARY
1. The property measures 2.7 acres and was recently rezoned to B-4, General Business and MC,
Medical Care (northeast corner).
2. Park Street Storage, which was demolished in 2018, was previously located on this site. The City
now owns the property.
3. The City has been working with Catholic Charities of West Michigan on a land swap deal that would
give this property to them and they would give their current building at the corner of 3 rd/Houston to
the City. Catholic Charities of West Michigan would use this new property to construct a new office
building (in the area zoned B-4) and also a rehab center (in the area zoned MC). The City would
work with developers to create a mixed-use development on the corner of 3rd/Houston.
4. The proposed office building is two stories and measures 11,300 sf per floor. The proposed rehab
center is one story and measures 4,187 sf.
5. The landscaping plan is mostly complete; however, the zoning ordinance requires 180 sf of
landscaping islands for every 5,000 sf of parking. This plan depicts over 25,000 sf of parking, but
only provides about 600 sf of landscaping islands. At least 300 feet of additional landscaping islands
should be incorporated into the plan. Also, at least three trees should be added to the median near
Park St.
6. All existing curb cuts that will not be used will be removed. The plan states that they will removed
and restored with top soil and seed. However, it should also state that new curbing will be installed.
7. The zoning is listed incorrectly on the site plan, however, the buildings to meet all applicable setback
requirements.
8. The applicant is working with the Muskegon County Drain Commissioners office to obtain a
stormwater permit. All approvals should be contingent upon receiving the stormwater permit.
1713 7th St
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Zoning Map
Aerial View
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STAFF RECOMMENDATION
Staff recommends approval site plan, with the following conditions:
1. An addition 300 sf of landscaping islands and the required landscaping must be added.
2. Three trees must be added to the median near Park St.
3. It must be noted on the site plan that all unused curb cuts will be reinstalled with new curbing.
DELIBERATION
Motion for consideration:
I move that the site plan for the new buildings at 1713 7th St be (approved/denied) with the following
conditions:
1. An addition 300 sf of landscaping islands and the required landscaping must be added.
2. Three trees must be added to the median near Park St.
3. It must be noted on the site plan that all unused curb cuts will be reinstalled with new curbing.
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