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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, November 12, 2020
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Muskegon City Hall, 933 Terrace St, Muskegon MI
AGENDA
I. Roll Call
II. Approval of Minutes from the regular meeting of October 15, 2020.
III. Public Hearings
A. Hearing, Case 2020-20: Request to amend Section 2331 of the zoning ordinance to expand the
marihuana facilities overlay district to allow for MMFLA and MRMTA Growing, Processing and
Provisioning/Retail license types at 965 W Western Ave, 920 Washington Ave and 1330 Division St
by P & G Holdings, LLC.
B. Hearing, Case 2020-21: Staff-initiated request to amend the zoning ordinance to allow
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 as part of the Michigan Regulation and Taxation of Marihuana Act in I-1, I-2, MC, B-2 and
B-4 zoning districts.
C. Hearing, Case 2020-22: Staff-initiated request to rezone the properties at 731 Yuba St, 205 E
Muskegon, 225 Eastern Ave, 287 E Muskegon Ave, 185 E Muskegon Ave and 209 E Walton Ave to
Form Based Code, Urban Residential.
D. Hearing, Case 2020-23: Staff-initiated request to vacate E Muskegon Ave between Cedar St and
Emerald St.
E. Hearing, Case 2020-24: Staff-initiated request to vacate Rathborne St between Walton Ave and
Eastern Ave.
F. Hearing, Case 2020-25: Staff-initiated request to vacate the alley east of Cedar St and west of
Eastern Ave.
IV. New Business
V. Old Business
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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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
October 15, 2020
Because the meeting was originally advertised as electronic and later changed to in-person, it was also shown
on Facebook, with the public given a chance to view the meeting and call in with any comments.
Chairperson T. Michalski called the meeting to order at 4:05 p.m. and roll was taken.
MEMBERS PRESENT: J. Montgomery-Keast, L. Spataro, B. Larson, S. Gawron, B. Mazade, E. Hood,
T. Michalski
MEMBERS ABSENT: F. Peterson; J. Doyle, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: Rev. Jane Mountain, Harbor of Grace Lutheran Church; N. Douglas, 904
Amity; C. Roberts, Fremont MI; G. Adams, 2112 Sampson
APPROVAL OF MINUTES
A motion to approve the Minutes of the regular Planning Commission meeting of September 10, 2020 was
made by J. Montgomery-Keast, supported by L. Spataro and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2020-17: Request for a Special Use Permit to operate a food pantry at 1132 W Southern Ave,
by Harbor of Grace. M. Franzak presented the staff report. The property is zoned R-1, Low Density Single
Family Residential. Harbor of Grace Church operates out of the building. They have occasionally operated
a small food pantry a few times a month, but now would like to increase the size of the pantry and hours of
operation. Churches are allowed in R-1 zones under a Special Use Permit and any additional uses should be
included in the initial approval. Staff determined that while a food pantry is beneficial to the community,
additional traffic into residential neighborhoods should include a notice to the public. Notice was mailed to
everyone within 300 feet of the property. Although located within a residential neighborhood, the pantry
building is isolated from most of the homes nearby. Easy access to the parking lot should limit traffic
concerns. Staff had received no comments at the time of this writing, and recommends approval of the
request.
B. Larson asked if there was a traffic routing plan. M. Franzak stated that visitors would be encouraged not
to use the alley. L. Spataro asked Rev. Mountain to give a brief overview of their plans. Rev. Mountain
stated that they planned to open the food pantry two days a week – one day in the morning hours and the
other in the evening. They had 135 – 150 people that they formerly served, and she expected that they would
get some additional people, since Loaves & Fishes had closed. She also stated that they would utilize the
Loaves & Fishes model and encourage people not to come more than once per month. T. Michalski asked if
there were any restrictions on who could utilize the pantry. Rev. Mountain stated that anyone in need would
be welcome.
There were no public comments in person or via Facebook. A motion to close the public hearing was made
by B. Larson, supported by L. Spataro and unanimously approved.
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A motion that the Special Land Use Permit to operate a food pantry at 1132 W Southern Avenue by Harbor
of Grace Lutheran Church be approved, was made by J. Montgomery-Keast, supported by B. Larson and
unanimously approved, with J. Montgomery-Keast, L. Spataro, B. Larson, S. Gawron, B. Mazade, E. Hood,
and T. Michalski voting aye.
Hearing, Case 2020-18: Request to amend Section 2331 of the zoning ordinance to expand the marihuana
facilities overlay district to allow a microbusiness and designated consumption establishment at 420 S
Harvey St, by Michigan Canna House, LLC. M. Franzak presented the staff report. This property is zoned
B-2, Convenience & Comparison Business District. The applicant is requesting to expand the marihuana
overlay district to allow microbusiness and consumption license types at this address. The applicant is not
the owner of the property. Notice was sent to properties within 300 feet of the property as required; at the
time of this writing staff had not received any comments. Staff encouraged the Planning Commission to
consider the proposed marihuana facilities overlay district amendment (see New Business) that would allow
microbusinesses in the same districts that caregivers are allowed, with a Special Use Permit.
C. Roberts had prepared a video presentation about his company, which he presented to the board. He stated
that they had been approved as a social-equity company by the state and as such, received a discount on
marihuana application fees as part of a restorative justice program. He explained their plans for the property
and buildings, such as a provisioning center, commercial kitchen, consumption area, and event space. He
also discussed the various types of marihuana licenses available and stated that a microbusiness and an event
organizer license would fit their needs. T. Michalski asked how close their outdoor area was to the adjacent
apartments, as he was concerned with possible odors from the business. C. Roberts stated that the
apartments sat on the other side of a parking lot. He had researched how many plants they were allowed
considering their proximity to the apartments, and they planned to be well under the allowed amount. They
would also have a ventilation system in the building. L. Spataro reiterated his position that these types of
facilities should be regulated like alcohol establishments so there were specific rules in place governing the
issues being discussed. T. Michalski stated that the city should consider the restorative justice aspect; B.
Larson concurred. M. Franzak stated that fees were governed under the City Code of Ordinances, not the
zoning ordinance.
There were no public comments in person or via Facebook. A motion to close the public hearing was made
by B. Larson, supported by J. Montgomery-Keast and unanimously approved.
A motion that request to amend Section 2331 of the zoning ordinance to expand the marihuana facilities
overlay district to allow for microbusinesses and designated consumption establishments at 420 S Harvey St,
by Michigan Canna House, LLC be approved, was made by B. Larson and supported by E. Hood, with
discussion continuing on the motion.
B. Mazade stated that he was not in favor of a system where staff or board members were deciding which
businesses were or were not chosen to be in a marihuana overlay zone. He also felt that this request was
premature, considering that there was a proposal in process that would have a direct effect on these
businesses. S. Gawron stated that the City Commission was supportive of staff’s recent request to issue
marihuana licenses city-wide with a Special Use Permit, and he preferred to wait for the new procedures to
be in place for the sake of consistency and continuity. J. Montgomery-Keast concurred that this request was
premature, in light of the pending change in the ordinance. E. Hood stated that he liked what the applicants
were trying to do with this property, but also preferred to wait until the new process was in place. L. Spataro
suggested that, if board members preferred to wait until new procedures were in place, the board could table
this case until that time.
A motion to table this case until staff’s proposed marihuana ordinance amendments were in place was made
by J. Montgomery-Keast, supported by B. Larson and approved, with J. Montgomery-Keast, L. Spataro, B.
Larson, S. Gawron, B. Mazade, E. Hood voting aye, and T. Michalski voting nay. M. Franzak stated that
next month’s meeting would focus on the ordinance amendments.
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Hearing, Case 2020-19: Request to amend Section 2331 of the zoning ordinance to expand the marihuana
facilities overlay district to allow a microbusiness at 1700 Lakeshore Dr, by Stag Properties, LLC. M.
Franzak presented the staff report. The property is zoned B-2, Convenience & Comparison Business
District. The applicant is requesting to expand the marihuana overlay district to allow a microbusiness
license type at this location. The applicant is not the owner of the property. Notice was sent to properties
within 300 feet; at the time of this writing staff had not received any comments. Staff encouraged the
Planning Commission to consider the proposed marihuana facilities overlay district amendment (see New
Business) that would allow microbusinesses in the same districts that caregivers are allowed, with a Special
Use Permit.
M. Franzak stated that the applicant had been running a caregiver business at this location since about 2008
and had assisted staff in writing the original marihuana ordinance. G. Adams was the business owner, and
stated that he had been one of the leaders in helping create policy since the beginning. He stated that he was
not requesting preferential treatment for himself, but was speaking on behalf of all caregivers in Muskegon
who paid $1,100 a year for their licenses. He stated that local caregivers who already had an established
business should have the opportunity to obtain a microbusiness license. Many of them had not been able to
benefit from the industry due to the high costs of licensing and property in the overlay districts.
There were no public comments in person or via Facebook. A motion to close the public hearing was made
by L. Spataro, supported by J. Montgomery-Keast and unanimously approved.
A motion that request to amend Section 2331 of the zoning ordinance to expand the marihuana facilities
overlay district to allow for microbusinesses at 1700 Lakeshore Dr, by Stag Properties, LLC be approved,
was made by L. Spataro and supported by B. Larson, with discussion continuing on the motion.
S. Gawron stated that the marihuana industry was fluid and Muskegon was one of the first communities in
the state to allow it. He was no longer comfortable with the original process of designating individual
properties or areas as marihuana overlay districts and supported staff’s proposal to revise the way licenses
were being issued. He stated that he was in favor of amending the ordinance to make it easier for caregivers
who had been involved since the beginning to become involved in the recreational industry.
A motion to table this case until staff’s proposed marihuana ordinance amendments were in place was made
by B. Larson, supported by J. Montgomery-Keast and approved, with J. Montgomery-Keast, L. Spataro, B.
Larson, S. Gawron, B. Mazade, and T. Michalski voting aye. Commissioner Hood had stepped away and did
not vote.
NEW BUSINESS
Marihuana district expansion proposal. M. Franzak briefed Planning Commissioners on the work he had
been doing on the marihuana ordinance. Some City Commissioners had requested that staff research ways to
allow local caregivers the opportunity to get into the recreational industry. A total of 18 Caregivers currently
operated in different business and industrial corridors throughout the City. Since Caregivers were allowed to
co-locate, some buildings hosted up to a few hundred plants which sometimes caused odor nuisance issues
when located near residential areas. This, along with concerns from citizens, made it difficult to allow many
marihuana license types outside of the current overlay zones. However, microbusinesses allowed for the
cultivation (up to 150 plants only), processing and sale of marihuana out of a single building. This license
type was very affordable ($8,000 compared to $25,000 for retailer), making it more feasible for smaller-
scale, local entrepreneurs to get into the industry. The 150-plant restriction could reduce odor nuisances and
appeared to be the license type that most caregivers were seeking. Although there were two local marihuana
entrepreneurs that had petitioned for two different properties to be rezoned to allow microbusinesses, staff
encouraged the Commission to instead consider creating a new microbusiness ordinance that would allow all
caregivers the opportunity to participate throughout the City. Staff had also recently received other requests
to allow microbusinesses in business corridors. A major issue with getting local entrepreneurs into the
recreational industry was the fact that many did not own a building in an approved overlay district. The
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overlay districts had led to dramatic increases in property values, essentially pricing out many locals. Staff’s
proposal should eliminate this issue.
Staff proposes to allow microbusinesses in the same zoning districts that caregivers are allowed (B-2, B-
4, MC, I-1, I-2.) as long as they obtain a Special Land Use Permit from the Planning Commission.
Special Use Permits are parcel- and applicant-specific, which should eliminate the land speculation
problem. If an applicant is approved at a location, that applicant is the only one approved for the use at
that property; any new applicant at that location would require their own Special Land Use Permit.
Allowing these permits throughout the City would eliminate the need to be in a certain location,
eliminating the land speculation. It would also restrict the building owner from obtaining the necessary
zoning approval, then selling the building to the highest bidder rather than the applicant they had
originally been working with.
M. Franzak stated that he would finalize the new ordinance language and bring it to the Planning
Commission for approval at a future meeting.
Resolution Ratifying and Confirming Prior Planning Commission Approvals. M. Franzak presented
board members with a resolution that reaffirmed Planning Commission actions taken at meetings that
were conducted electronically due to Covid-19 restrictions that had been in place. The resolution had
been suggested by the City Attorney’s office, since the Governor’s orders had been vacated by the
Michigan Supreme Court. A motion to approve the “Resolution Ratifying and Confirming Prior
Planning Commission Approvals” was made by S. Gawron, supported by J. Montgomery-Keast and
unanimously approved, with J. Montgomery-Keast, L. Spataro, B. Larson, S. Gawron, B. Mazade, E.
Hood, and T. Michalski voting aye.
OLD BUSINESS
None
There being no further business, the meeting was adjourned at 5:45 PM.
DR
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STAFF REPORT
OCTOBER 15, 2020
Hearing, Case 2020-20: Request to amend Section 2331 of the zoning ordinance to expand the marihuana
facilities overlay district to allow for MMFLA and MRMTA Growing, Processing and Provisioning/Retail
license types at 965 W Western Ave, 920 Washington Ave and 1330 Division St by P & G Holdings, LLC.
SUMMARY
1. The property at 920 Washington Ave was recently approved as part of the marihuana facilities
overlay district for retail/provisioning license types.
2. The property owner would now like to expand the types of marihuana licenses allowed on site, which
also includes 965 W Western Ave and 1330 Division St.
3. This request would allow all growing licenses types, processing licenses and provisioning/retail
licenses at 965 W Western, 920 Washington Ave and 1330 Division St.
4. Notice was mailed to everyone within 300 feet of the property. At the time of this writing staff had
not received any comments.
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Zoning Map
Aerial Map
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STAFF RECOMMENDATION
Staff recommends approval of the request at 965 W Western and 920 Washington Ave in an effort to
redevelop the properties.
DELIBERATION
I move that the request to amend Section 2331 of the zoning ordinance to expand the marihuana facilities
overlay district to allow for MMFLA and MRMTA Growing, Processing and Provisioning/Retail license
types at 965 W Western Ave, 920 Washington Ave and 1330 Division St by P & G Holdings, LLC be
recommended to the City Commission for (approval/denial).
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Hearing, Case 2020-21: Staff-initiated request to amend the zoning ordinance to allow for 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 as part of the Michigan
Regulation and Taxation of Marihuana Act in I-1, I-2, MC, B-2 and B-4 zoning districts.
SUMMARY
1. The City Commission has asked staff to look for a way to help local caregivers gain access into the
MMFLA and MRMTA marihuana businesses.
2. Staff has developed the following proposal:
Amendments to the special use permit sections of B-2, B-4, MC, I-1 and I-2 zoning districts:
Special Use Permitted - Microbusinesses, designated consumption establishments, class A
recreational grows (up to 100 plants), class B recreational grows (up to 500 plants), class A
medical grows (up to 500 plants) and temporary marihuana events, under the following
conditions:
1. The property must not be located within 500 feet of a school.
2. The site plan must demonstrate the removal of blight from the property; including
dilapidated fences, signs, light poles, etc.
3. Signage shall be limited to one sign, no larger than 25 square feet and shall not use the
word marihuana/marijuana, cannabis or any other word or phrase which would depict
marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or any other
rendering which would depict marihuana/marijuana be displayed on a sign or any part of
the building.
4. Microbusinesses and designated consumption establishments may only operate between
8am and 12am.
5. Designated consumption establishments licenses may be stacked with the other license
types. However, no other license type may be stacked with each other.
6. The special use permit may be revoked by the Planning Commission if odor nuisances
persist.
DELIBERATION
I move that the request to amend the zoning ordinance to allow for 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 as part of the Michigan Regulation and
Taxation of Marihuana Act in I-1, I-2, MC, B-2 and B-4 zoning districts be recommended to the City
Commission for (approval/denial).
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Hearing, Case 2020-22: Staff initiated request to rezone the properties at 731 Yuba St, 205 E Muskegon, 225
Eastern Ave, 287 E Muskegon Ave, 185 E Muskegon Ave and 209 E Walton Ave to Form Based Code,
Urban Residential.
SUMMARY
1. Staff has been working with Allen Edwin Home Builders on a potential housing development at the
former Farmers Market site.
2. 731 Yuba St, 205 E Muskegon Ave, 255 Eastern Ave and 287 E Muskegon Ave are currently zoned
I-1, Light Industrial. 185 E Muskegon Ave and 209 E Walton Ave are currently zoned R-3, High
Density Single-Family Residential.
3. Staff is seeking a rezoning to FBC, UR to allow for the housing development, which includes a
majority of single-family homes, with some duplexes mixed in.
4. Notice was mailed to everyone within 300 feet of the property. At the time of this writing staff had
not received any comments.
Zoning Map
Aerial Map
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DELIBERATION
I move that request to rezone the properties at 731 Yuba St, 205 E Muskegon, 225 Eastern Ave, 287 E
Muskegon Ave, 185 E Muskegon Ave and 209 E Walton Ave to Form Based Code, Urban Residential be
recommended to the City Commission for (approval/denial).
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Hearing, Case 2020-23: Staff initiated request to vacate E Muskegon Ave between Cedar St and Emerald St.
E Muskegon Ave between Cedar St and Emerald St, highlighted in red.
DELIBERATION
I move that request to vacate E Muskegon Ave between Cedar St and Emerald St. be recommended to the
City Commission for (approval/denial).
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Hearing, Case 2020-24: Staff initiated request to vacate Rathborn St between Walton Ave and Eastern Ave.
Rathborn St between Walton Ave and Eastern Ave
DELIBERATION
I move that request to vacate Rathborn St between Walton Ave and Eastern Ave. be recommended to the
City Commission for (approval/denial).
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Hearing, Case 2020-25: Staff initiated request to vacate the alley east of Cedar St and west of Eastern Ave.
Alley east of Cedar St and west of Eastern Ave
DELIBERATION
I move that request to vacate the alley east of Cedar St and west of Eastern Ave be recommended to the City
Commission for (approval/denial).
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