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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
April 11, 2024
Mazade called the meeting to order at 4:00 p.m. and the roll was taken.
MEMBERS PRESENT: J. Seyferth, K. Johnson, J. Montgomery-Keast, S. Gawron, L.
Willett-LeRoi, B. Mazade, S. Blake, and D. Keener (arrived at 4:02
p.m.)
MEMBERS ABSENT: None
MEMBERS EXCUSED: None
STAFF PRESENT: M. Franzak, S. Romine
OTHERS PRESENT:
APPROVAL OF MINUTES
A motion to approve the Minutes of the Planning Commission meeting on February 15, 2024,
was made by K. Johnson, with the corrections that K. Johnson opened the meeting and not B.
Mazade, and a ‘T’ be added to L. Willett-LeRoi’s name, supported by J. Montogomery-Keast,
and unanimously approved.
OLD BUSINESS
None.
PUBLIC HEARINGS
Hearing, Case 2024-05: Request to rezone the following properties from MC, Medical Care to
Form-Based Code, Neighborhood Edge: 1760, 1761, 1771, 1775, 1789, 1803, 1811, 1819, 1827,
1835 Wells Ave; 1762, 1770, 1776, 1784, 1790, 1803, 1812, 1820, 1828, 1836 Oak Ave; 0 Wagner
Ave (property numbers 24-661-000-0032-00 and 24-661-000-0033-00).
SUMMARY
1. This cluster of buildings is located to the east of the former Muskegon General Hospital
Campus. The buildings are zoned MC, Medical Care Designation – which is the same
designation as the former hospital parcel.
2. Since the hospitals full closing in 2019, these buildings have had a hard time attracting
new medical-related tenants. Staff has received several requests from potential
businesses to allow different types of uses such as retail, daycare, and residential units.
Without the hospital, the Medical Care zoning designation is becoming a hindrance to
the success of these properties. There are only four active businesses remaining in the
development.
3. Staff held a focus group meeting and invited all property owners within the
development. There were over 12 people in attendance and all of them agreed on
staff’s recommendation to rezone the properties to Form-Based Code, Neighborhood
Edge.
4. Form-Based Code, Neighborhood Edge (see enclosed ordinance excerpt) allows for a
variety of retail, office, and residential uses. In fact, it would even allow for all of the
current medical-related business currently located within the development. FBC, NE
allows for all FBC building types except Large Multiplex. The maximum height of a
building can be up to three stories.
5. This rezoning request was recommended in the new Master Plan (see Master Plan
excerpt enclosure).
6. Notice was sent to everyone within 300 feet of the property. At the time of this writing,
staff did not receive any comments.
PUBLIC COMMENTS
None
CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by D. Keener, supported by S. Gawron, and
unanimously approved.
MOTION
J. Montgomery-Keast moved, seconded by K. Johnson, that the request to rezone the following
properties from MC, Medical Care to Form-Based Code, Neighborhood Edge be recommended to the City
Commission for approval:
1760, 1761, 1771, 1775, 1789, 1803, 1811, 1819, 1827, 1835 Wells Ave;
1762, 1770, 1776, 1784, 1790, 1803, 1812, 1820, 1828, 1836 Oak Ave;
0 Wagner Ave (property numbers 24-661-000-0032-00 and 24-661-000-0033-00).
ROLL CALL VOTE
K. Johnson: Yes S. Gawron: Yes J. Montgomery-Keast: Yes
L. Willett-LeRoi: Yes D. Keener: Yes J. Seyferth: Yes
B. Mazade: Yes S. Blake: Yes
MOTION PASSES
Hearing, Case 2024-06: Request to amend Section 2331 subsection C.(1) of the zoning
ordinance to allow for 24-hour operation in the Marihuana Facilities Overlay District, by The
Green Abyss.
SUMMARY
1. The Marihuana Facilities Overlay District allows marihuana retailers to be open from 8 am to 12
am.
2. The Green Abyss, which controls The Grassy Knoll at 2125 Lemuel St, has applied to amend the
ordinance to allow Retailers/Provisioning Centers/Microbusinesses to be open 24 hours a day.
This amendment would apply to any Retailer/Provisioning Center/Microbusiness located in the
Marihuana Facilities Overlay District. This amendment would not include changing the hours of
operation for Designated Consumption Establishments.
3. The explanation of the request on the application states “This would allow us to service the
essential medicine to our community for people working afternoon and midnight shifts. Also, it
will contribute to the safety and security of the community by ensuring the business is occupied
at all times.”
4. Please see the attached Marihuana Facilities Overlay District map. Please note that not all
locations on the map allow for retail stores. Please also note that micro businesses may also be
located in most commercial/industrial districts with the issuance of a special use permit.
Proposed Amendment
(redline version)
Provisioning Center, Retailer, Microbusiness, and Designated Consumption Establishment
Requirements:
1. Hours. Provisioning Centers, Retailers, and Microbusinesses may be open 24 hours per day.
and Designated Consumption Establishments may operate between the hours of 8 am and 12
am.
PUBLIC COMMENTS
Fred Cini, spoke about wanting to extend hours at his business, The Grassy Knoll. This would
allow him to provide business to those who are not able to come to the store during normal
business hours and would allow staff to be on-site at all times.
Bre, the owner of another dispensary in Muskegon, spoke in favor of extending the hours.
Brandon, the owner of Misty Mountain Dispensary, supports the ordinance amendment to
extend hours of operation.
CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by D. Keener, supported by K. Johnson, and
unanimously approved.
MOTION
J. Montgomery-Keast moved, seconded by D. Keener, that the request to amend Section 2331
subsection C.(1) of the zoning ordinance to allow Retailers, Provisioning Centers, and
Microbusiness to operate 24 hours per day be recommended to the City Commission for
approval.
ROLL CALL VOTE
K. Johnson: No S. Gawron: No J. Montgomery-Keast: No
L. Willett-LeRoi: No D. Keener: No J. Seyferth: No
B. Mazade: No S. Blake: No
MOTION FAILS
Hearing, Case 2024-07: Request for a special use permit to allow a Class B recreational
marihuana grow and processing facility at 1700 Lakeshore Drive, by ZAA LLC.
SUMMARY
1. The property is zoned Lakeside Form-Based Code, Lakeside Commercial.
2. The zoning designation allows caregivers, microbusinesses, designated consumption
establishments, class A recreational grows, class B recreational grows, class A medical
grows, processing, and temporary marihuana events with the issuance of a special use
permit.
3. The property owner has operated a caregiver facility out of this building for several
years.
4. The applicant is requesting a special use permit to operate a Class B Grow facility (up to
500 plants) and a Processing facility at this location. Approval of the special use permit
would allow the applicant to apply for local growing and processing licenses.
PUBLIC COMMENTS
Greg Adams, 2112 Sampson St., spoke regarding the operation they wish to start and what
would be involved in the growing and processing of their product.
CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by J. Montgomery-Keast, supported by S.
Gawron, and unanimously approved.
MOTION
K. Johnson moved, seconded by J. Montgomery-Keast, that the request for a special use permit for
a Class B recreational marihuana growing and processing facility at 1700 Lakeshore Drive be
approved, with the condition that odor control is maintained.
ROLL CALL VOTE
K. Johnson: Yes S. Gawron: Yes J. Montgomery-Keast: No
L. Willett-LeRoi: Yes D. Keener: Yes J. Seyferth: Yes
B. Mazade: No S. Blake: Yes
MOTION PASSES
Hearing, Case 2024-08: Staff initiated request to amend Sections 2003.04 and 2308 of the
zoning ordinance to modify the regulations on outdoor seating.
SUMMARY
1. Outdoor seating is regulated in Section 2308 of the zoning ordinance and Section
2003.04 of the form-based code.
2. These two sections are similar, but this amendment will make the requirements the same
throughout the entire city.
3. The amendments also clarify how much space must be left for pedestrian movement. The
code currently addresses how much space must be left next to the curb, but does not
explain how much space must be left clear when the seating is located near the curb and
the pedestrian zone is near the building.
4. This amendment also regulates how outdoor seating may operate near the newly
installed bollards on Western Ave.
5. Language has been added to prohibit fencing and other materials to be connected to
street amenities.
6.
Zoning Ordinance Excerpt
SECTION 2308: OUTDOOR SEATING
Outdoor seating for restaurants, cocktail lounges, and similar uses is permitted, provided:
1. The area devoted to outdoor seating must be ancillary to the main use of an indoor restaurant,
cocktail lounge, bakery, coffee shop, delicatessen, specialty food store, or similar establishment.
2. Where City bollards are located, they shall be treated as the curb as it pertains to this
ordinance. These bollards may be moved by the City. When the City bollards are to be moved,
the outdoor seating area may be moved, and it is the responsibility of the property owner to
make sure the outdoor seating area is still in compliance with this ordinance.
32. Pedestrian circulation and access to the building entrance shall not be impaired. A minimum
of six (6) feet of sidewalk along the curb and leading to the entrance to the establishment must
be maintained free of tables, chairs, and other encumbrances. Pedestrians must have at least six
(6) feet of clearance between the outdoor seating area and the building or at least six (6) feet of
clearance between the outdoor seating area and the curb or City bollards. Pedestrians must
always have at least four (4) feet of clearance around any fixed object. This distance is increased
to six (6) feet if the pedestrian is directed towards the curb/City bollard or any other with area
with a drop off such as a planting bed.
43. The seating area shall be limited to the same property directly adjacent to the permitted use
to which the seating area is accessory and shall not extend into adjoining sites. If adjoining sites
both have a seating area, there shall be a divider between them.
54. Tables, chairs, umbrellas, canopies, planters, waste receptacles, temporary fences and other
elements of street furniture shall be compatible with the architectural character of the principal
building. No permanent fences may be affixed to the pavement. Temporary fences may be used
but may not be placed around any sign or public street amenity other than trees. No street
furniture or fencing may be affixed to any public street amenity.
56. Outdoor amplification shall be prohibited except only to play music in compliance with Code
of Ordinances, City of Muskegon, Part II, Chapter 26, Article II, Noise, Division I, Generally, Sec.
2634, (a & b) “Playing of radios, musical instruments, etc.”
76. The area devoted to outdoor service shall not encroach upon or extend over any public alley
or right-of-way without an encroachment agreement with the City of Muskegon.
87. A site plan shall be submitted which clearly depicts the seating area and location and style of
tables and chairs, reflecting ample aisles for pedestrian traffic, and dividers, if needed.
89. The outdoor seating area shall not obstruct visibility of on-coming pedestrians or vehicular
traffic, and must adhere to clear visions standards of the Zoning Ordinance.
109. The sale of alcoholic beverages is subject to the rules and regulations of the State of
Michigan Liquor Control Commission. An outdoor service permit may be required as part of the
site plan approval.
1110. All outdoor furnishings shall be completely removed from sidewalk areas December 1
through March 1 of each year.
1211. The area devoted to such outdoor dining area shall be maintained in a safe, clean, and
sanitary manner.
1312. Roof seating shall comply with the building code, and not contain signage.
Form Based Code Excerpt
2003.04 OUTDOOR SEATING
A. Outdoor seating shall be permitted with the following building envelope types:
1. Mixed Use Building
2. Retail Building
3. Flex Building
4. Cottage Retail Building
5. Live/Work Building
6. Civic Building
B. Outdoor seating shall require sketch plot review and approval by the Zoning Administrator.
C. A minimum pedestrian clear space of six (6) feet shall be provided at all times.
D. Outdoor dining areas shall be designed so as to be architecturally compatible with existing
structures on the site.
E. If located on public property or within the public right-of-way, an encroachment permit shall
be required. Such permit shall be obtained through the applicable City department(s).
FB. All other standards of Section 2308, Outdoor Dining, found in the City’s Zoning Ordinance
shall apply.
PUBLIC COMMENTS
None.
CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by S. Gawron, supported by L. Willett-Leroi, and
unanimously approved.
MOTION
D. Keener moved, seconded by J. Montgomery-Keast, that the request to amend Sections 2003.04
and 2308 of the zoning ordinance to modify the regulations on outdoor seating be recommended
to the City Commission for approval as proposed.
ROLL CALL VOTE
K. Johnson: Yes S. Gawron: Yes J. Montgomery-Keast: Yes
L. Willett-LeRoi: Yes D. Keener: Yes J. Seyferth: Yes
B. Mazade: Yes S. Blake: Yes
MOTION PASSES
NEW BUSINESS
A. Approval of bylaws
Planning Commission members discussed updates and corrections that need to be made to
the bylaws. There was a discussion about aligning meeting notices, postings, and public
comments with the City Commission procedures. The ‘Special Meetings’ section needs
updating as well. Updates to the voting procedure and attendance were also discussed.
B. 2023 Annual Report
Planning Commission members discussed how updates on projects could more easily be
made available to them.
C. 2024 Goals
Planning Commission members discussed updating the Goals for 2024 to include; the
preservation of natural resources, the Smith Ryerson Corridor, and greenways, and to
preserve, promote, and improve access to natural resources and greenways.
OTHER
None.
ADJOURN
There being no further business, the meeting was adjourned at 5:52 pm.
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