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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, September 15, 2022 at 4 pm
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Approval of minutes from the regular meeting of August 11, 2022.
III. Old Business
A. Case 2022-19: Request for special use permit to operate a class B marihuana grow facility at 165 S
Getty St.
B. Case 2022-22: Staff-initiated request to amend section 2319 of the zoning ordinance to reduce the
minimum size requirements for single-family houses, rowhomes, duplexes and small multiplexes (up
to 6 units) from 850 sf of floor area to 550 sf (total) and to also change the minimum size
requirements for large multiplexes (6 units and above), mixed-use buildings and accessory dwelling
units from 650 sf of floor area to 375 sf (total).
C. Case 2022-24: Request for a site plan review for a new building at 10,640 sf building at 381 E
Laketon Ave by Midwest V, LLC.
IV. Public Hearings
A. Hearing, Case 2022-25: Request for a departure from the form based code section of the zoning
ordinance to allow a window with a visual light transmittance of less than 70% at 621 W Western
Ave, by the Fraternal Order of Eagles 668.
B. Hearing; Case 2022-26: Request to rezone the property at 398 Catawba Ave from R-3, Single
Family High Density Residential to B-4, General Business, by Gordon Painting and Pressure
Washing, LLC.
V. New Business
VI. Other
A. Update on previous cases
VII. Adjourn
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STAFF REPORT
September 15, 2022
Hearing, Case 2022-19: Request for special use permit to operate a class B marihuana grow facility at 165 S
Getty St.
SUMMARY
1. This case was tabled at the July 14 meeting after the public hearing was held.
2. The property is zoned I-2, General Industrial.
3. The lot measures 5.9 acres and about half of it is considered undevelopable wetlands. The existing
building on site measures 7,944 sqft and was most recently used as a VFW hall.
4. A Class B recreational grow license allows the cultivation of up to 500 plants.
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.
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Zoning Map
Aerial Map
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Existing Grow Facilities in Muskegon
STAFF RECOMMENDATION
Staff recommends approval of the special use permit with the condition that it be revoked if there are
repeated issues with odor control.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request for a special use permit to operate a class B marihuana grow facility at 165 S Getty
St. be (approved/denied) with the following condition:
1. The special use permit shall be revoked if there are repeated issues with odor control.
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Case 2022-22: Staff-initiated request to amend section 2319 of the zoning ordinance to reduce the minimum
size requirements for single-family houses, rowhomes, duplexes and small multiplexes (up to 6 units) from
850 sf of floor area to 550 sf (total) and to also change the minimum size requirements for large multiplexes
(6 units and above), mixed-use buildings and accessory dwelling units from 650 sf of floor area to 375 sf
(total).
SUMMARY
1. This case was presented at the August 11 Planning Commission meeting. The board did not
recommend approval of the amendments at the meeting. At the following City Commission meeting,
staff requested to take the case back to the Planning Commission with some changes and
clarification, to which the City Commission approved.
2. Staff is now proposing to keep the requirement that an additional 100 sf is required for each
additional bedroom.
3. Staff has added that all units located in single-family residential districts must comply with Section
400 of the zoning ordinance, which will prevent single-family houses from being split into additional
units.
4. For one and two family homes, staff has proposed the clause that states that if the house is less than
850 sqft and is to be located on a lot that is large enough to split under the zoning regulations, it must
be placed in such a fashion as to allow enough room to split the lot and create an additional buildable
lot. This clause had previously been proposed for the for the mixed-use building section as well, but
is not needed because these types of requirements are addressed elsewhere in the ordinance,
specifically the form based code and multifamily sections of the code.
5. It should be noted the current minimum housing size is measured by “floor area,” which is defined by
the zoning ordinance as the area in a dwelling unit included in the determination of occupancy
restrictions. It includes the sum of floor areas of bedrooms, and common living areas. The floor area
of storage areas and closet, basements without a second egress, attached garages, breezeways, and
enclosed and unenclosed porches shall be excluded. Staff is proposing to no longer use this method in
determining the minimum size, but rather by measuring from the outside wall of the unit.
Summary of the case from the precious meeting:
6. In an effort to address housing affordability and to provide residents with a wide range of housing
choices, staff is proposing to reduce the minimum housing size requirements listed in the Residential
Design Criteria section of the zoning ordinance.
7. Currently, single-family houses and duplexes are required to have a minimum living area (excluding
all basement area) of 850 sqft for a one bedroom dwelling. For each bedroom thereafter, an additional
100 sqft of living space is required.
8. Living area is defined in the zoning ordinance as the area in a dwelling unit included in the
determination of occupancy restrictions. It includes the sum of floor areas of bedrooms, and common
living areas. The floor area of storage areas and closet, basements without a second egress, attached
garages, breezeways, and enclosed and unenclosed porches shall be excluded.
9. Staff is proposing to reduce the minimum size of single-family houses, rowhomes, duplexes and
small multiplexes (up to 6 units) to 550 sqft total (excluding all basement area) per unit, measured by
the outside dimensions of the building, not by using the “living area” definition in the zoning
ordinance. There would also be a stipulation that structures under the current minimum size of 850
sqft, which are to be placed on large lots, must be placed on the property in a way as to leave room
for a potential lot split, if the property is large enough to split under its zoning designation
regulations.
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10. Staff is proposing to reduce the minimum size of apartment units in large multiplexes (6 units and
above) and mixed-use buildings from 650 sqft of living space to 375 sqft total. The current size
requirements are too large for developers to be able to provide traditional studio apartments.
Current ordinance excerpt:
SECTION 2319: [RESIDENTIAL DESIGN CRITERIA]
In the case of a one (1) family or two (2) family dwelling unit which is of standard construction, a mobile
home, a premanufactured, or a precut dwelling structure, and any additions or alterations thereto, erected or
placed in the City of Muskegon, other than a mobile home located in a licensed mobile home park approved
under the provisions of Article V, MHP Mobile Home Park Districts, shall conform to the following
regulations in addition to all other regulations of this Ordinance:
1. The dwelling unit shall have a minimum living area (excluding all basement area) of eight hundred
and fifty (850) square feet for a one (1) bedroom dwelling. For each bedroom thereafter, an
additional 100 square feet of living space shall be provided.
In the case of a multi-family (more than 2 units) dwelling structure which is of standard construction, a
mobile home, a premanufactured, or a precut dwelling structure, and any additions or alterations thereto,
erected or placed in the City of Muskegon, other than a mobile home located in a licensed mobile home park
approved under the provisions of Article V, MHP Mobile Home Park Districts, shall conform to the
following regulations in addition to all other regulations of this Ordinance:
1. Each dwelling unit shall have a minimum living area (excluding all basement area) of six hundred
and fifty (650) square feet for a one (1) bedroom unit, of eight hundred and seventy-five (875)
square feet for a two (2) bedroom unit, and of twelve hundred (1200) square feet for a three (3)
bedroom unit. For each bedroom thereafter, an additional 100 square feet of living space shall be
provided.
Proposed ordinance:
All single-family houses, duplexes, rowhouses and small multiplexes (3-6 units), other than a mobile
home located in a licensed mobile home park approved under the provisions of Article V, MHP Mobile
Home Park Districts, shall conform to the following regulations in addition to all other regulations of this
Ordinance:
1. Each dwelling unit shall have a minimum size of 550 sqft, excluding all basement area. This shall be
measured from the outside wall of the unit as described on the site plan.
2. If a principal structure is less than 850 sqft and is to be located on a lot that is large enough to split
under the zoning regulations, it must be placed in such a fashion as to allow enough room to split the
lot and create an additional buildable lot. The lot does not actually have to be split at the time of
construction and may be done at a later date at the property owners discretion.
3. All buildings located in single family residential districts must comply with Section 400.2 of the
zoning ordinance. Multiple family dwellings are only allowed in single-family residential districts if
the home has already been altered with prior approval to allow for multiple dwellings. One-family
dwellings may not be altered to allow for multiple dwellings, not may new homes be built for
multiple dwellings.
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All dwelling units within large multiplexes (6 units and above), mixed-use buildings and accessory
dwelling units shall conform to the following regulations in addition to all other regulations of this
Ordinance:
1. Each dwelling unit shall have a minimum size (excluding all basement area) of 375 sqft. This shall be
measured from the outside wall of the unit as described on the site plan.
2. All buildings located in single family residential districts must comply with Section 400.2 of the
zoning ordinance. Multiple family dwellings are only allowed in single-family residential districts if
the home has already been altered with prior approval to allow for multiple dwellings. One-family
dwellings may not be altered to allow for multiple dwellings, not may new homes be built for
multiple dwellings.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to amend section 2319 of the zoning ordinance to reduce the minimum size
requirements for single-family houses, rowhomes, duplexes and small multiplexes (up to 6 units) from 850 sf
of floor area to 550 sf (total) and to also change the minimum size requirements for large multiplexes (6 units
and above), mixed-use buildings and accessory dwelling units from 650 sf of floor area to 375 sf (total) be
recommended to the City Commission for (approval/denial).
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Case 2022-24: Request for a site plan review for a new building at 10,640 sf building at 381 E Laketon Ave
by Midwest V, LLC.
1. This plan was approved at the August 11 Planning Commission meeting. During the meeting, a
Planning Commissioner asked if the building could be moved forward closer to the street. The
applicant indicated that it could not, because the stormwater had to be located in front of the building
because of easements located in the back of the property. Staff has requested to see further detail of
the easements to see if it would be possible to amend the plan and put the stormwater in the back.
Enclosed within this packet you will find a copy of the “existing conditions” map, which shows the
existing alley. Staff will be meeting with the Engineering Department to determine the exact
restrictions of this easement and the limitations it puts on stormwater placement.
2. The ordinance allows revocation of a site plan approval through Section 2330 #14 of the zoning
ordinance (enclosed). If so inclined, a member of the Planning Commission who voted in favor of the
case at the August meeting is allowed to make a motion to revoke the site plan approval and put the
case back on the table.
3. Section 2330 #11, parts F & M of the zoning ordinance describe the requirements of sound
engineering practices and pedestrian safety. The current location of the stormwater basin along the
front of the store on Laketon Ave would make it difficult, and potentially dangerous, for pedestrians
to access the store since the design leads pedestrians away from the entrance doors into the parking
lot. Stormwater basins are encouraged to be located in the rear to avoid these types of access issues.
DELIBERATION
The following proposed motion is offered for consideration:
I move to revoke the site plan approval for Case 2022-24 in order to further review the site limitations put
forth by the location of the alley in the rear of the property.
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Hearing, Case 2022-25: Request for a departure from the form based code section of the zoning ordinance to
allow a window with a visual light transmittance of less than 70% at 621 W Western Ave, by the Fraternal
Order of Eagles 668.
SUMMARY
1. The property is zoned FBC, Mainstreet.
2. The form based code requires all windows on the first floor be transparent with a visual light
transmittance (VLT) of at least 70%.
3. The window was installed without zoning, historic district or building approval. The Historic District
Commission has since approved the window after the fact.
4. Please see the articles on the following pages regarding the importance of lighting and window
transparency in downtowns and their relation to active facades and pedestrian safety.
5. Notice was sent to everyone within 300 feet of this property. At the time of this writing, staff had
received on letter from the public (enclosed).
The reflective glass that was installed is pictured to the right. The type of window they replaced is pictured to
the left.
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Zoning Map
Aerial Map
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STAFF RECOMMENDATION
Staff recommends denial of the request because they counter the efforts to increase pedestrian traffic
downtown. VLT requirements have been adopted to beautify building facades and to make pedestrians feel
comfortable, safe and engaged while they are downtown.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request for a departure from the form based code section of the zoning ordinance to allow a
window with a visual light transmittance of less than 70% at 621 W Western Ave be (approved/denied).
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Hearing; Case 2022-26: Request to rezone the property at 398 Catawba Ave from R-3, Single Family High
Density Residential to B-4, General Business, by Gordon Painting and Pressure Washing, LLC.
SUMMARY
1. The property is zoned R-3, High Density Single Family Residential.
2. The commercial building on site is considered grandfathered and has been used by Gordon Painting
for many years.
3. The applicant would like to put an addition on to the building in order to start a power washing
business alongside the painting business. However, non-conforming uses are only allowed to expand
their buildings up to twenty-five percent.
4. The property is adjacent to a commercial/industrial corridor.
5. Staff had initially discussed rezoning the property to Light Industrial since it is adjacent to light
industrial properties. However, these uses can be located in a General Business zone and will offer
protection to the residential neighborhood that more intensive uses will not be able to be located
there.
6. Notice was sent to all properties within 300 feet. At the time of this writing, staff had not received
any comments from the public.
398 Catawba Ave
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Zoning Map
Aerial Map
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STAFF RECOMMENDATION
Staff recommends approval of the rezoning in order to maximize the potential of the property. The property
has consistently been used for commercial purposes for decades, but zoning restrictions limit its potential.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to rezone the property at 398 Catawba Ave from R-3, Single Family High Density
Residential to B-4, be recommended to the City Commission for (approval/denial).
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