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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, January 16, 2025 at 4 pm
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Approval of the minutes from the regular meeting of December 12, 2024.
III. Public Hearings
A. Hearing, Case 2025-01: Request for a special use permit to operate a marihuana processing facility at
1314 E. Apple Avenue.
B. Hearing, Case 2025-02: Request for a special use permit to expand a non-conforming use no more
than 25%, at 2984 Lakeshore Drive.
C. Hearing, Case 2025-03: Request to amend Section 2331, subsection 3(a) of the zoning ordinance, to
allow The Grassy Knoll to operate between the hours of 8:00 am and 2:00 am.
D. Hearing, Case 2025-04: Staff initiated request to amend the zoning ordinance to replace all instances
of “single-family residential districts” with “neighborhood residential districts.”
E. Hearing, Case 2025-05: Staff initiated request to amend Article II of the zoning ordinance to create
definitions for duplexes and triplexes.
IV. New Business
V. Old Business
VI. Other
VII. Public Comment
VIII. Adjourn
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Planning Commission Staff Report
January 16, 2025
Hearing, Case 2025-01: Request for a special use permit to operate a marihuana processing facility at 1314
E. Apple Avenue.
SUMMARY
1. The lot measures 13,280 sqft and the building measures 5,600 sqft. The property is zoned B-2,
Convenience and Comparison Business. It is also included in the Marihuana Facilities Overlay
District as a stand-alone property that is approved for retail, provisioning, and recreational grow.
They are not approved for marihuana processing. However, processing is allowed in B-2 districts as a
special use permitted as long as the business does not utilize extraction methods classified as
hazardous under the Michigan Building Code.
2. Marihuana processing includes any method used to prepare marihuana or its byproducts for
commercial retail, including but not limited to: drying, cleaning, curing, packaging, and extraction of
active ingredients to create marijuana related products and concentrates.
3. Please see the standards for the issuance of a special use permit on the following pages. The decision
on the special land use will be incorporated in a statement of conclusions and be placed on file with
the Planning Department.
4. Notification was sent to every property within 300 feet of this address. At the time of this writing,
staff had not received any public comments.
1314 E Apple Ave
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Zoning Map
Aerial Map
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STANDARDS FOR THE ISSUANCE OF A SPECIAL LAND USE
Staff will perform an exercise on the standards of the issuance of a special land use as it pertains to this case.
The decision on the special land use will be incorporated in a statement of conclusions and be placed on file
with the Planning Department. The exercise will be based off of the regulations in Section 2332 of the zoning
ordinance.
SECTION 2332 (SPECIAL LAND USES AND PLANNED UNIT DEVELOPMENTS):
4. Standards for Approval of Discretionary Uses Prior to authorization of any Special Land Use, the
Planning Commission shall give due regard to the nature of all adjacent uses and structures. It shall
determine the consistency with the adjacent use and development. In addition, the Planning
Commission shall find that the proposed use or activity would not be offensive, or a nuisance, by
reason of increased traffic, noise, vibration, or light. Further, the Planning Commission shall find that
adequate water and sewer infrastructure exists or will be constructed to service the Special Land Use
or activity.
EXERCISE
Planning Commissioners, please be prepared to answer and discuss the following questions as they relate to
Section 2332.4 of the zoning ordinance:
1. Do you believe this use is consistent with all adjacent uses and structures?
2. Do you believe the proposed use would be considered offensive or a nuisance because any of the
following reasons?
a. Increased traffic
b. Noise
c. Vibration
d. Light
3. Do you find that adequate water and sewer infrastructure exists or will be constructed to service the
use?
STAFF RECOMMENDATION
Staff recommends approval of the special use permit. Staff does not believe the proposed project would be
offensive, or a nuisance, by reason of increased traffic, noise, vibration, or light. There is also adequate water
and sewer infrastructure for this use and no upgrades will be necessary.
The use is compatible with adjacent uses as this property is located in the Apple/US-31 business corridor.
This business district is zoned B-2, Convenience & Comparison Business, which allows for commercial uses
of many types such as retail, restaurant/food production, service industries, offices and amusement facilities.
It is anticipated to draw far less traffic than surrounding uses.
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DELIBERATION
The following proposed motion is offered for consideration:
I move that the request for a special use permit to operate a marihuana processing facility at 1314 E. Apple
Avenue be approved with the following condition.
1. Extraction methods classified as hazardous under the Michigan Building Code are prohibited.
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Hearing, Case 2025-02: Request for a special use permit to expand a non-conforming use no more than 25%,
at 2984 Lakeshore Drive.
SUMMARY
1. The property is zoned WM, Waterfront Marine. The principal (and only) use on the property is a
single-family house, which is considered legally non-conforming because housing is not a permitted
use in the WM zoning district. The lot contains a house, garage, shed and residential boat dock.
2. The lot measures 21,836 sqft, the house measures 700 sf, and the garage measures 1,500 sf.
3. The applicant would like to make significant upgrades and put an addition on the house. The zoning
ordinance allows non-conforming uses to be increased up to 25% with the issuance of a special use
permit.
4. Please see the standards for the issuance of a special use permit on the following pages. The decision
on the special land use will be incorporated in a statement of conclusions and be placed on file with
the Planning Department.
5. Please see the enclosed site plan, showing the proposed addition to the house.
6. Notification was sent to every property within 300 feet of this address. At the time of this writing,
staff had not received any public comments.
2984 Lakeshore Dr
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Zoning Map
Aerial Map
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Staff will perform an exercise on the standards of the issuance of a special land use as it pertains to this case.
The decision on the special land use will be incorporated in a statement of conclusions and be placed on file
with the Planning Department. The exercise will be based off of the regulations in Sections 2202 and 2332 of
the zoning ordinance.
SECTION 2202: NONCONFORMING USES OF LAND
3. No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land
than was occupied at the effective date of adoption or amendment of this Ordinance, except when
authorized by the Planning Commission, after Public Hearing as required for Special Uses, and upon
reaching a determination that the proposed enlargement, increase, or greater area:
a. Does not have a substantial detrimental effect on the use and enjoyment of adjacent uses or lots.
b. Complies with all parking, sign, or other applicable regulations applicable to accessory uses for the
area affected by the proposed enlargement, increase, or greater area.
c. Complies with any reasonable conditions imposed by the Planning Commission that are necessary
to ensure that the proposed enlargement, increase, or greater area will not prove detrimental to
adjacent properties, the neighborhood, or the community.
d. It is not larger than twenty five percent (25%) of the original nonconforming area.
SECTION 2332: SPECIAL LAND USES AND PLANNED UNIT DEVELOPMENTS
5. Standards for Approval of Discretionary Uses Prior to authorization of any Special Land Use, the
Planning Commission shall give due regard to the nature of all adjacent uses and structures. It shall
determine the consistency with the adjacent use and development. In addition, the Planning
Commission shall find that the proposed use or activity would not be offensive, or a nuisance, by
reason of increased traffic, noise, vibration, or light. Further, the Planning Commission shall find that
adequate water and sewer infrastructure exists or will be constructed to service the Special Land Use
or activity.
EXERCISE
Planning Commissioners, please be prepared to answer and discuss the following questions as they relate to
Sections 2202.3 and 2332.4 of the zoning ordinance:
1. Do you believe the proposed use would create a substantial detrimental effect on the use and
enjoyment of adjacent uses or lots?
2. Does the proposed use comply with all parking, sign, or other applicable regulations applicable to
accessory uses for the area affected by the proposed enlargement, increase, or greater area?
3. Is the proposed use larger than twenty five percent (25%) of the original nonconforming area.
4. Do you believe this use is consistent with all adjacent uses and structures?
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5. Do you believe the proposed use would be considered offensive or a nuisance because any of the
following reasons?
a. Increased traffic
b. Noise
c. Vibration
d. Light
6. Do you find that adequate water and sewer infrastructure exists or will be constructed to service the
use?
7. Would you like to impose any reasonable conditions that are necessary to ensure that the proposed
enlargement, increase, or greater area will not prove detrimental to adjacent properties, the
neighborhood, or the community?
STAFF RECOMMENDATION
Staff recommends approval of the special use permit. Staff does not believe the proposed project would be
offensive, or a nuisance, by reason of increased traffic, noise, vibration, or light. There is also adequate water
and sewer infrastructure for this use and no upgrades will be necessary.
The use is compatible with adjacent uses as it has single-family residential houses on each side of it. The
addition is within the maximum 25% increase allotted by the zoning ordinance.
The increase meets applicable regulations to accessory uses for the area affected by the proposed
enlargement.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request for a special use permit to expand a non-conforming use no more than 25%, at 2984
Lakeshore Drive be approved.
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Hearing, Case 2025-03: Request to amend Section 2331, subsection 3(a) of the zoning ordinance, to allow
The Grassy Knoll to operate between the hours of 8:00 am and 2:00 am.
SUMMARY
1. The applicant proposed an ordinance amendment in 2024 to allow for 24-hour marihuana retail sales
everywhere in the Marihuana Facilities Overlay District, but the request failed.
2. The applicant is now requesting to amend the zoning ordinance to allow only their property the
ability to operate a retail store and a designated consumption establishment from 8:00 am to 2:00 am.
3. The Grassy Knoll is located at 2125 Lemuel St.
4. Please see Section 2331.3 as it currently exists, followed by the proposed amendments.
SECTION 2331: MARIHUANA FACILITIES OVERLAY DISTRICT
3. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment
Requirements:
a. Hours. Provisioning Centers, Retailers and Microbusinesses and Designated Consumption
Establishments may operate between the hours 8 am and 12 am.
b. Signage. Signage shall follow the regulations set forth by the underlying zoning district.
c. Building and Site Amenities. All Provisioning Centers, Retailers, Microbusinesses and Designated
Consummation Establishments must meet the following amenity requirements:
i. Canopy. Buildings must have a canopy or decorative awning over the main entrance to
the building.
ii. Security shutters. The interior of all windows shall require security shutters that give
the appearance of shutters or window shades. Metal bars and gates are prohibited.
iii. Lighting. There shall be ornamental lighting on the exterior of the building at all
ingress and egress doors. There shall also be at least one decorative street lamp with
banner brackets every 150 feet of lineal road frontage. The Zoning Administrator may
require these lamps to be located off-site within the overlay district to create a
cohesive look for the district.
iv. Landscaping plan. Decorative landscaping shall be provided with irrigation. All new
construction projects shall require underground sprinkling. Please see Part G,
Landscaping Requirements.
v. Street furniture/amenities. There shall be at least one bench, bike rack, trash can or bus
shelter located on site. The Zoning Administrator may require any of these over
another to keep a diversified look throughout the district. Properties that cannot meet
these requirements because of site conditions may allow the Zoning Administrator to
locate these amenities anywhere within the district or within 500 feet of its boundaries.
vi. Carbon filtration system. The building shall be equipped with an activated carbon
filtration system for odor control and be maintained in working order.
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d. Curbside/Drive Thru. Curbside delivery is allowed at all retail sale locations with an approved site
plan that does not impede traffic or pedestrian safety. Drive thrus are allowed as a special use
permitted under the following conditions:
i. The underlying zoning designation must be B-2, B-4, MC, I-1, I-2 or any Form Based
Code designation/building type that allows for drive thru businesses.
ii. Drive thru windows must be located on private property. Streets and alleys may only
be used for the movement of traffic and may not be used for drive thru vehicular
stacking.
iii. A traffic study must be performed showing anticipated number of stacking spaces and
where they would be located on site.
e. Security. There must be a security presence in place on the property at all times, either by licensed
security guard(s) and/or security cameras. A floor plan with security details is required.
PROPOSED AMENDMENTS AS SUBMITTED BY APPLICANT
3. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment
Requirements:
1. Hours. The Grassy Knoll Provisioning Center may operate 18 hours per day from 8:00AM-
2:00AM.
2. Designated Consumption Establishments may operate for 18 hours per day between the
hours 8 am and 2 am.
Zoning Map
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Aerial Map
STAFF RECOMMENDATION
The proposed amendments create issues with the ordinance. Hours for other retail businesses are no longer
established. Additionally, what was presented was the only literature submitted. The remaining regulations is
Section 3.a are not mentioned. The application was originally submitted in June 2024 with no proposed
language amendments. A proposed amendment was eventually emailed to the Planning staff. Staff
recommended that changes should be made to the amendments.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to amend Section 2331, subsection 3(a) of the zoning ordinance as presented be
denied.
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Hearing, Case 2025-04: Staff initiated request to amend the zoning ordinance to replace all instances of
“single-family residential districts” with “neighborhood residential districts.”
SUMMARY
1. With the recent zoning reform amendments now in place, the ordinance must be updated to remove
references to single-family residential districts. These references can be replaced with neighborhood
residential districts.
2. Please see the enclosed redline version of the proposed amendments.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to amend the zoning ordinance to replace all instances of “single-family residential
districts” with “neighborhood residential districts” be recommended to the City Commission for approval.
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Hearing, Case 2025-05: Staff initiated request to amend Article II of the zoning ordinance to create
definitions for duplexes and triplexes.
SUMMARY
1. Staff is proposing to amend the definition for “two-family dwelling” and renaming it “duplex.”
2. Now that triplexes are allowed in R districts, we must create a definition for them.
Proposed Amendments (redline version)
Dwelling, Two-Family Duplex: A building designed for occupancy by two (2) families living independently
of each other.
Triplex: A medium-sized structure that consists of three (3) side-by-side and/or stacked dwelling units,
typically with one shared entry or individual entries along the front.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to amend Article II of the zoning ordinance to create definitions for duplexes and
triplexes be recommended to the City Commission for approval.
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