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CITY OF MUSKEGON
PLANNING COMMISSION
SPECIAL MEETING
MINUTES
March 27, 2025
L. Willet-Leroi called the meeting to order at 4:00 p.m. and the roll was taken.
MEMBERS PRESENT: J. Montgomery-Keast, L. Willet-Leroi, L. Simmons II, K. Johnson, S. Blake,
and J. Seyferth
MEMBERS ABSENT: None
MEMBERS EXCUSED: D. Keener, S. Gawron, and B. Mazade
STAFF PRESENT: M. Franzak, S. Romine
OTHERS PRESENT: None
APPROVAL OF MINUTES
A motion to approve the Minutes of the Planning Commission meeting on March 13, 2025, with a
change to the Chair of the meeting, was made by J. Montgomery-Keast, supported by J. Seyferth, and
unanimously approved.
OLD BUSINESS
Case 2025-10: Request for a special use permit to operate a marihuana retailer with a drive-through at
551 Young Ave.
SUMMARY
1. This case was tabled at the February meeting after the public hearing was held.
2. The applicant was asked to address a few issues with the site plan, including placement of the
bike path, confirmation that the existing fence is in compliance, removal of the shipping
containers, and to begin the application process for revising the stormwater permit.
3. The site plan has been updated to include the proposed bike path. The applicant has suggested
that instead of removing the shipping containers, he would like to start a shipping container
storage business on site. If this is the case, he must screen the containers from public right-of-
way’s and residential districts with at least a five-foot screen. He must also obtain a business
license from the City Clerk for the new business and maintain it at all times.
4. 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.
5. 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 Street as long as they make the necessary improvements to it.
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.
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 placed
on file with the Planning Department. The exercise will be based on 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? Yes. However, they will be placed on
top of the existing stormwater drain owned by the Drain Commissioners Office. The Drain
Commission has provided a letter allowing the applicant to place the booths on the 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.
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
MOTION
K. Johnson moved, seconded by J. Montgomery-Keast, that the request for a special use permit to operate
a marihuana retailer with a drive-through at 551 Young Ave be approved with the following conditions:
1. A new stormwater permit is issued by the Engineering Department.
2. The temporary storage containers are either removed from the site or they obtain compliance
through the necessary procedures.
3. The property owner provides a “daisy chain” on the existing fence to allow the Public Works
Department, Fire Department, and Drain Commissioner to access the site if needed.
ROLL CALL VOTE
Montgomery-Keast: Yes K. Johnson: Yes S. Blake: Yes
L. Willet-Leroi: Yes J. Seyferth: Yes L. Simmons II: Yes
MOTION PASSES
PUBLIC HEARINGS
Hearing, Case 2025-16: Staff-initiated request to amend Sections 2101 and 2332 of the zoning
ordinance to require the Zoning Administrator to review all Planned Unit Development sites for
accuracy before a certificate of occupancy can be issued for any building.
SUMMARY
1. Staff is proposing to add additional language to the PUD regulations that requires the Zoning
Administrator to ensure compliance with the site plan before a certificate of occupancy can be
obtained for a building.
2. There have been some issues over the years with some PUDs receiving certificates of occupancy
without fully complying with the approved site plan. Most recently, the absence of this proposed
language has caused confusion in the Harbour Towne development regarding the installation of
sidewalks.
3. A certificate of occupancy is issued by the Inspections Department. If the amendment is approved,
the Inspections Department would require the Zoning Administrator to sign off on the project
before the certificate of occupancy is issued.
4. Please see the attached zoning ordinance excerpt for Section 2101: Development Options.
Proposed Amendments (noted in red)
5. PUD Development Time Limits
a. Construction of the improvements shown on the approved final PUD plan with all proposed
buildings, parking areas, landscaping and infrastructure must commence within one year of
approval by the City Commission.
b. Construction must be continued in a reasonable, diligent manner and be completed within five
(5) years.
c. Said five (5) year period may be extended if applied for in writing by the petitioner and granted
by the City Commission following public notice and public hearing in accordance with Section 2332
of this ordinance. Failure to secure an extension shall result in a stoppage of all construction.
6. PUD Plan Compliance
a. The Zoning Administrator shall ensure compliance with all of the provisions and
requirements of the PUD plan and construction and placement of all of the improvements
therein before a certificate of occupancy is issued for any building within the PUD.
PUBLIC COMMENT
None
CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by J. Montgomery-Keast, supported by J. Seyferth,
and unanimously approved.
MOTION
L. Simmons II moved, seconded by J. Montgomery-Keast, that the staff-initiated request to amend
Section 2101 of the zoning ordinance is recommended to the City Commission for approval.
DISCUSSION
Planning Commissioners discussed additional wording and requirements that could be added to the
amendment language and determined that the amendment to the ordinance should read:
Section 2101
6. The Zoning Administrator shall ensure reasonable progress is being made to comply with all the
provisions and requirements of a Planned Unit Development (PUD) plan and construction and
placement of all of the improvements therein before a certificate of occupancy may be issued
for any building within the PUD. Before a certificate of occupancy for the final elements of the
PUD, the Zoning Administrator shall ensure complete compliance with all the provisions and
requirements of the PUD plan and construction and placement of all of the improvements
therein before a certificate of occupancy is issued.
AMENDED MOTION
L. Simmons II moved to accept the friendly amendment as presented by K. Johnson, seconded by J.
Montgomery-Keast, and recommend to the City Commission for approval.
ROLL CALL VOTE
Montgomery-Keast: Yes K. Johnson: Yes D. Keener: Yes
L. Willet-Leroi: Yes S. Blake: Yes S. Gawron: Yes
MOTION PASSES
NEW BUSINESS
None.
PUBLIC COMMENT
None.
ADJOURN
There being no further business, the meeting was adjourned at 4:47 pm.
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