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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, March 13, 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 February 13, 2024.
III. Elections
IV. Public Hearings
A. Hearing, Case 2025-09: Staff-initiated request to amend Sections 702, 802, 902, 1102, 1302, 1402,
1502, 1802, and 1902 and Article XX of the zoning ordinance to require all Planned Unit
Developments in these zoning districts to include public access to at least 50% of any waterfront in
the development.
B. Hearing, Case 2025-10: Request for a special use permit to operate a marihuana retailer with drive-
through at 551 Young Ave.
C. Hearing, Case 2025-11: Staff-initiated request to rezone the following properties from
Neighborhood Residential (R) to Form-Based Code, Neighborhood Edge (FBC-NE):
1769/1733/1715/1766/1752/1736/1724/1720/1714 Beidler St.
D. Hearing, Case 2025-12: Staff-initiated request to rezone the properties at 1201 and 1147 3rd St and
236 Monroe Ave from Convenience & Comparison Business (B-2) to Form-Based Code,
Mainstreet (FBC, MS).
E. Hearing, Case 2025-13: Staff-initiated request to rezone the properties at 1148 4th St, 318 Houston
Ave from Limited Business (B-1), and 350 Houston Ave from High-Density Multiple-Family
Residential (RM-3) to Form-Based Code, Neighborhood Core (FBC, NC).
F. Hearing, Case 2025-14: Staff-initiated request to rezone the following properties from Two-Family
Residential (RT) to Form-Based Code, Neighborhood Edge (FBC, NE):
429/433/451/461/477/485/491/501/507/513/521/527 E Apple Ave and 1022 Williams St.
G. Hearing, Case 2025-15: Staff-initiated request to rezone the following properties from Two-Family
Residential (RT) to Neighborhood Residential (R):
410/420/428/438/448/456/466/478/508/524/528/530/532/558/562/568/580/586/592/600 Adams
Ave, 275 Marshall St, 462/478/494/508/524/540/556/568/594 S Quarterline Rd,
1150/1160/1168/1192/1206 Ambrosia St, 370/376/384/390 Catherine Ave, 1174/1185/1191 Wood
St, 353/357/361/369 E Isabella Ave, 1113/1119 Sophia St, 396/422/428/438 McLaughlin Ave, 463
Catawba Ave, 557 McLaren St, 2407 Barclay St, 11/17 Delaware Ave, and 955 W. Laketon Ave.
V. New Business
VI. Old Business
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VII. Other
VIII. Public Comment
IX. Adjourn
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Planning Commission Staff Report
March 13, 2025
Hearing, Case 2025-09: Staff-initiated request to amend Sections 702, 802, 902, 1102, 1302, 1402, 1502,
1802, and 1902 and Article XX of the zoning ordinance to require all Planned Unit Developments and
Specific Development Plans in these zoning districts to include public access to at least 50% of any
waterfront in the development.
SUMMARY
1. Staff will ask to have this item tabled again until the legal opinion can be provided.
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Hearing, Case 2025-10: Request for a special use permit to operate a marihuana retailer with drive-through at
551 Young Ave.
SUMMARY
1. Greencraft, LLC has operated a Class C Marihuana Grow at this location since 2021.
2. The buildings unique angle is a result of the stormwater drain and easement onsite owned by the
Drain Commissioners Office. No building may be placed on or near the easement (setback
determined by DC at their discretion).
3. The applicant is seeking a Marihuana Retailer’s license at this location and is applying for a special
use permit to allow for a drive-through service. Please see the attached site plan. The retail store will
not be open to the public, instead a drive-through system with three ordering booths and a pick-up
booth has been proposed. However, the location of the booths is problematic as the Drain
Commissioner will not allow permanent structures on the easement and the City does not allow
temporary buildings. Please see the attached Temporary Buildings Ordinance.
4. The parking lot would be reconfigured into a one-way, with a new entrance that uses a portion of the
unimproved Temple St to the west of the parcel. The Engineering Department would grant them
access to Temple St as long as they make the necessary improvements to it.
5. It appears that the stormwater basin that was previously installed is located under the new driveway.
This will require a modification to the stormwater system. The applicant has not yet applied to
modify their stormwater permit.
6. The applicant has provided a traffic study from LaCroix Traffic Engineering. There appears to be
plenty of stacking space for the drive-through as there will be three separate lanes available.
7. There are two temporary storage containers on site, which is considered a violation of the temporary
buildings ordinance. The site should be compliant with all zoning regulations before any approvals
can be issued.
8. 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.
Example of a drive-through booth provided by the applicant.
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551 Young Ave
Zoning Map
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Aerial Map
Installation of Stormwater System where driveway is proposed.
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STANDARDS FOR THE ISSUANCE OF A SPECIAL LAND USE PERMIT
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 2331 (MARIHUANA FACILITIES OVERLAY DISTRICT):
3. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment
Requirements:
d. Curbside/Drive Through. Curbside delivery is allowed at all retail sale locations with an
approved site plan that does not impede traffic or pedestrian safety. Drive throughs 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.
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 (Staff’s replies in red)
Planning Commissioners, please be prepared to answer and discuss the following questions as they relate to
Sections 2331.3 and 2332.4 of the zoning ordinance:
1. Is the property correctly zoned for this use? Yes, the property is zoned I-1, located in the Marihuana
Facilities Overlay District.
2. Is the drive through window located on private property? Possibly. The booths are planned for private
property placement but there are issues with their placement over the stormwater easement.
3. Did the applicant submit a traffic study showing the number of stacking spaces? The is a traffic study.
Vehicle stacking was not depicted but it does not appear to be an issue when looking at the site plan.
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4. Do you believe this use is consistent with all adjacent uses and structures? Yes, it is located in the
Marihuana Facilities Overlay District.
5. Do you believe the proposed use would be considered offensive or a nuisance because any of the
following reasons?
a. Increased traffic No
b. Noise No
c. Vibration No
d. Light No
6. Do you find that adequate water and sewer infrastructure exists or will be constructed to service the
use? Yes
STAFF RECOMMENDATION
There does not appear to be any public opposition to the project. However, the City does not allow temporary
buildings, except under certain circumstances such as construction trailers and food trucks. The applicant
should also start the process of applying to modify the stormwater permit, as it may affect the driveway
placement.
Staff recommends tabling the case until the following:
• The Drain Commissioner provides written approval for the placement of the booths.
• The applicant has begun working with the Engineering Department to modify the stormwater permit.
• The temporary storage containers have been removed from the site.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request for a special use permit to operate a marihuana retailer with drive-through at 551
Young Ave be tabled until staff’s recommendations have been met.
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Hearing, Case 2025-11: Staff-initiated request to rezone the following properties from Neighborhood
Residential (R) to Form-Based Code, Neighborhood Edge (FBC-NE):
1769/1733/1715/1766/1752/1736/1724/1720/1714 Beidler St.
SUMMARY
This section of Beidler St intersects with the business district along Laketon Ave and is comprised mostly of
mixed-use and retail buildings. However, many of the buildings and most of their uses are considered legally
non-conforming because they are all zoned R, Neighborhood Residential. The current zoning designation
limits development and use options and requires building owners to apply for Special Use Permits for any
commercial or multifamily uses. Staff believes these buildings would be better served with a Form Based
Code designation that allows for mixed-uses by right. The midblock alley serves as a natural barrier between
the properties proposed for rezoning and the R district to the north. The property at 1727 Beidler St (listed on
map on following page) was recently rezoned to FBC, NE this February.
In the master plan, goal two in the economic development section calls to “create viable commercial
corridors and community nodes.” All five of the action steps associated with this goal appear to relate to this
amendment request.
• Invest in placemaking opportunities that capitalize on community assets.
• Encourage the formation of business district associations and development of corridor improvement
plans for active business districts.
• Support retail development, growth, and expansion through zoning amendments and economic
incentives that encourage a range of potential unit sizes.
• Promote walkability through pedestrian-focused ground-level activities and use micro-transit to
bridge long distances.
• Simplify zoning regulations to permit flexibility in business types.
Staff held a focus group in February with all of the associated property owners. Those in attendance were
very supportive of the initiative and requested that we move forward with the rezonings. Notice was sent to
all properties within 300 feet of the properties to be rezoned. At the time of this writing, staff has not
received any comments from the public.
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Zoning Map
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Aerial Map
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to rezone 1769, 1733, 1715, 1766, 1752, 1736, 1724, 1720, and 1714 Beidler St.
from Neighborhood Residential (R) to Form-Based Code, Neighborhood Edge (FBC-NE) be recommended
to the City Commission for approval.
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Hearing, Case 2025-12: Staff-initiated request to rezone the properties at 1201 and 1147 3rd St and 236
Monroe Ave from Convenience & Comparison Business (B-2) to Form-Based Code, Mainstreet (FBC, MS).
SUMMARY
The “Midtown” portion of 3rd was rezoned from B-2 to Form-Based Code, Mainstreet in 2015. During the
rezoning process a couple of property owners were hesitant to rezone because of current or potential
developments. The vacant lot at 1201 3rd St was being used as a used-car sales lot at the time, but it has been
vacant for close to 10 years. Its not exactly clear why the parking lot of 1147 3rd St and 236 Monroe Ave
were not rezoned at the time. However, both of the parcels are considered non-buildable under the B-2
designation because they do not meet the minimum lot size of 10,890 sf and 100 feet of width.
Staff was able to discuss the initiative with the owner of 1201 3rd St but was not able to get ahold of anyone
at 1147 3rd St or 236 Monroe Ave, despite inviting them to a focus group. Notice was sent to all properties
within 300 feet of the properties to be rezoned. At the time of this writing, staff has not received any
comments from the public.
1201 3rd St
236 Monroe Ave and 1147 3rd St (parking lot behind commercial unit)
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Zoning Map
Aerial Map
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DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to rezone the properties at 1201 and 1147 3rd St and 236 Monroe Ave from
Convenience & Comparison Business to Form-Based Code, Mainstreet be recommended to the City
Commission for approval.
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Hearing, Case 2025-13: Staff-initiated request to rezone the properties at 1148 4th St, 318 Houston Ave from
Limited Business (B-1), and 350 Houston Ave from High-Density Multiple-Family Residential (RM-3) to
Form-Based Code, Neighborhood Core (FBC, NC).
SUMMARY
This area of “Midtown” was rezoned to Form Based Code in 2015. Most of the parcels were zoned to FBC,
UR because they were either single-family, duplex, or small multiplex buildings. At the time, these three
properties were left out of the rezoning because they did not fit the FBC, UR designation. However, staff has
reviewed the form-based code and has determined that the FBC, NC designation will work well for these
properties and the buildings and uses would be considered legally conforming. The Nelson Place apartments
would be considered a Flex building in the form-based code and the new designation would even allow for
mixed-uses if the chose to do that someday. The properties at 1147 4th St and 318 Houston would be
considered small multiplexes. Small multiplexes were not allowed as a permitted use in FBC, UR districts at
that time, so this property was not included in the initial rezoning request of 2015. This density is allowed
within the FBC, NC zoning designation and so are the office uses.
Staff held a focus group in February with all of the associated property owners. Those in attendance were
very supportive of the initiative and requested that we move forward with the rezonings. Notice was sent to
all properties within 300 feet of the properties to be rezoned. At the time of this writing, staff has not
received any comments from the public.
Please see the attached FBC, NC zoning ordinance excerpt.
1148 4th St & 318 Houston Ave
350 Houston Ave
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Zoning Map
Aerial Map
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DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to rezone the properties at 1148 4th St, 318 Houston Ave from Limited Business and
350 Houston Ave from High-Density Multiple-Family Residential to Form-Based Code, Neighborhood Core
be recommended to the City Commission for approval.
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Hearing, Case 2025-14: Staff-initiated request to rezone the following properties from Two-Family
Residential (RT) to Form-Based Code, Neighborhood Edge (FBC, NE):
429/433/451/461/477/485/491/501/507/513/521/527 E Apple Ave and 1022 Williams St.
SUMMARY
There are only 70 properties within the City that are zoned RT, Two-Family Residential. The zoning
designation could be considered outdated because we now have the FBC, UR designation that also allows for
duplexes.
The RT designation requires large lots for the development of duplexes, whereas the FBC designation allows
for their development on smaller lots. RT lots must be at least 8,712 sf in size and at least 75 feet wide. This
requirement makes almost all properties zoned RT legally-non-conforming because they are not wide
enough. Nothing could be developed on most of these properties and the existing houses are considered
grandfathered. A duplex in the FBC designation can be built on a lot that is only 40 feet wide.
The FBC, UR designation allows for single-family detached houses, duplexes and accessory dwellings units.
It also allows for triplexes if there is an alley present.
Staff recommends eliminating the RT zoning designation. In order to do so, we must first rezone all 70 of the
RT properties that currently exist. Staff proposes to rezone these 10 properties to FBC, NE because the are
located along Apple Ave adjacent to a business district and there are also alleys present, so the infrastructure
already exists to support higher density.
Staff held a focus group in February with all of the associated property owners. Those in attendance were
very supportive of the initiative and requested that we move forward with the rezonings. Notice was sent to
all properties within 300 feet of the properties to be rezoned. At the time of this writing, staff has not
received any comments from the public.
Please see the attached zoning ordinance excerpts for R and RT zones.
RT Lots Facing Apple Ave
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Zoning Map
Aerial Map
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Building Types Allowed in FBC, NE
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DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to rezone 429, 433, 451, 461, 477, 485, 491, 501, 507, 513, 521, 527 E Apple Ave
and 1022 Williams St from Two-Family Residential to Form-Based Code, Neighborhood Edge be
recommended to the City Commission for approval.
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Hearing, Case 2025-15: Staff-initiated request to rezone the following properties from Two-Family
Residential (RT) to Neighborhood Residential (R):
410/420/428/438/448/456/466/478/508/524/528/530/532/558/562/568/580/586/592/600 Adams Ave, 275
Marshall St, 462/478/494/508/524/540/556/568/594 S Quarterline Rd, 1150/1160/1168/1192/1206 Ambrosia
St, 370/376/384/390 Catherine Ave, 1174/1185/1191 Wood St, 353/357/361/369 E Isabella Ave, 1113/1119
Sophia St, 396/422/428/438 McLaughlin Ave, 463 Catawba Ave, 557 McLaren St, 2407 Barclay St, 11/17
Delaware Ave, and 955 W. Laketon Ave.
SUMMARY
As described in the previous case, staff recommends eliminating the RT zones because we now have better
options to allow for duplexes and higher densities.
Staff is proposing to rezone these properties from RT to R, Neighborhood Residential. These lots fit the size
requirements for the proposed zoning district and the rezonings will make most of these lots legally
conforming, whereas most of them are considered legally, non-conforming under the RT designation. These
lots are characterized as small-to-medium sized residential lots without the presence of an alley. Without an
alley present, the R designation allows only single-family detached houses, duplexes, and accessory dwelling
units. Triplexes would not be allowed because there are no alleys associated with these lots.
Staff held a focus group in February with all of the associated property owners. Those in attendance were
very supportive of the initiative and requested that we move forward with the rezonings. Notice was sent to
all properties within 300 feet of the properties to be rezoned. At the time of this writing, staff has not
received any comments from the public.
Please see the attached zoning ordinance excerpts for R and RT zones.
Zoning Maps Showing Proposed RT to R Zones
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DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to rezone the following properties from Two-Family Residential (RT) to
Neighborhood Residential (R):
410/420/428/438/448/456/466/478/508/524/528/530/532/558/562/568/580/586/592/600 Adams Ave, 275
Marshall St, 462/478/494/508/524/540/556/568/594 S Quarterline Rd, 1150/1160/1168/1192/1206 Ambrosia
St, 370/376/384/390 Catherine Ave, 1174/1185/1191 Wood St, 353/357/361/369 E Isabella Ave, 1113/1119
Sophia St, 396/422/428/438 McLaughlin Ave, 463 Catawba Ave, 557 McLaren St, 2407 Barclay St, 11/17
Delaware Ave, and 955 W. Laketon Ave - be recommended to the City Commission for approval.
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