Planning Commission Minutes 07-10-2025

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      CITY OF MUSKEGON
PLANNING COMMISSION MEETING
                 July 10, 2025 @ 4:00 PM
    MUSKEGON CITY COMMISSION CHAMBERS
   933 TERRACE STREET, MUSKEGON, MI 49440
                                    MINUTES
CALL TO ORDER
L. Willett-Leroi called the meeting to order at 4:00 p.m. and roll call was taken.

ROLL CALL
Members Present: K. Johnson, L. Willett-Leroi, J. Montgomery-Keast, J. Seyferth, S.
Gawron, and B. Mazade.

Member(s) Absent:
Member(s) Excused: D. Keener, S. Blake, and L. Simmons II
Staff Present: M. Franzak and S. Pulos
Others Present:

APPROVAL OF MINUTES
A motion to approve the Minutes of the regular Planning Commission meeting on
June 12, 2025, was made by J. Montgomery-Keast, supported by S. Gawron, and
unanimously approved.

PUBLIC HEARINGS



    A. Case 2025-25: Request to amend Section 2331 of the zoning ordinance
       to allow marihuana retailers and provisioning centers with approved
       drive-thru access to remain open for drive-thru sales only between 12
       a.m. and 2 a.m., by The Grassy Knoll. Planning

SUMMARY
In April 2024, the applicant requested to amend the ordinance to be able to operate
24 hours per day. The ordinance that was proposed was not well-written and would
have eliminated any hours of operation for all other retail stores. The request was
ultimately denied. This request is much more well-written and should not cause any
unintentional hardships for other marihuana retailers.


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There are currently three approved drive-thru locations within the city. These are
located at The Bodega (885 E Apple Ave), The Grassy Knoll (2125 Lemuel St), and
Greencraft (551 Young Ave).

Current Ordinance Excerpt
Section 2331: Marihuana Facilities Overlay District
3. Provisioning Centers, Retailers, Microbusinesses, and Designated Consumption
Establishments may operate between the hours of 8 am and 12 am.

Proposed Ordinance (additions italicized)
Section 2331: Marihuana Facilities Overlay District
3. Provisioning Centers, Retailers, Microbusinesses and Designated Consumption
Establishments may operate between the hours of 8 am and 12 am daily; however,
Provisioning Centers and Retailers with approved drive-thru access may remain
open for drive-thru sales only between the hours of 12 am and 2 am, provided all
other applicable local, state, and safety regulations are met.



Current Drive-Thru Regulations
Section 2331: Marihuana Facilities Overlay District
3.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 the anticipated number of stacking
spaces and where they would be located on site.


STAFF RECOMMENDATION
Staff do not have a recommendation on whether marihuana establishments should be
open longer. However, the proposed ordinance is well-written and could be incorporated
into the ordinance properly. Staff do have some concerns about the applicant's ability to
follow the established guidelines. Staff have had discussions with the applicant for the past
couple of years about their desire to host temporary campground events on-site during
special events around the city. That use type is not allowed in their zoning district (I-1) and
would need an amendment for them to proceed. Staff have discovered that a beach
event in August is advertising overflow camping at The Grassy Knoll.

PUBLIC COMMENT
Angel K. - Supports this request.



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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 PASSES

MOTION
Motion by K. Johnson, seconded by J. Montgomery-Keast, that the request to
amend Section 2331 of the zoning ordinance to allow marihuana retailers and
provisioning centers with approved drive-thru access to remain open for drive-thru
sales only between 12:00 a.m. and 2:00 a.m. be recommended to the City
Commission for approval.
ROLL VOTE:    Ayes: K. Johnson
              Nays: L. Willett-Leroi, J. Montgomery-Keast, J. Seyferth, S. Gawron, and B.
              Mazade

MOTION FAILS
    B. Case 2025-26: Request to amend Section 2005.05 of the Form-Based
       Code to allow churches as a permitted use in civic buildings in the Form-
       Based Code, Downtown context area, by Century Club Development,
       LLC. Planning

SUMMARY
Churches are not a permitted use in the Form Based Code, Downtown (FBC-DT)
context areas. There are two building types allowed in the FBC-DT context areas -
Mixed-use and Civic buildings. Churches are allowed in the other FBC context
areas, but only in civic buildings. Other uses allowed in civic buildings include
galleries and train stations. This request is to amend the ordinance to allow
churches in civic building types in the FBC, DT context area.

Staff believe that the Century Club can be defined as a civic building. The building
was dedicated in January 1889 for the Muskegon Club and became the Century
Club in January 1901. Historically, the building served as a social club formed by
Muskegon’s business leaders; some early Club presidents included
business/community leaders Charles Hackley, John Torrent, Lyman Mason, and A.
V. Mann. The Club included, at one point, over 550 total members and was
considered the center of business life of the community. Closed in 1991, retail
activity in the building was introduced in the mid-2000s following the demolition of
the Muskegon Mall.

STAFF RECOMMENDATION
Staff do not have a recommendation on whether churches should be allowed in the
FBC-DT context area. There currently are not any churches located within any of
these designated properties, so it would not bring any non-conforming churches



                                       Page 3 of 8
into conforming status. There are pros and cons to the request. The pro is that it
would activate a specific building that has had a tough time functioning as retail.
The cons would include the elimination of property taxes and potentially reducing
the number of days the buildings would be used, reducing foot traffic and activity in
the downtown.

PUBLIC COMMENT
Matt L. Pastor - He enjoys having his church at the Century Building and would love
to continue doing so. Would like to hopefully add a coffee shop or shared
workspaces for individuals.
Maggie, Muskegon resident - Strongly opposes the request and doesn't believe
that churches help the economic growth or livability of a downtown area.
Phil M. - Opposes the request, considers it a non-revenue-generating use in the
downtown district.
Angel K. - Owns a business downtown and doesn't support the request, because
businesses rely on foot traffic, and doesn't believe the church will help.
John R. - Owns a condo near downtown and relies on the shops available
downtown, and does not support this request.
Aaron R. - Does not support this request.
A.S. - Does not support the request and agrees with the comments others have
made.
Bob B. - Supports the request and has been involved with this church.
Jacklyn W. - Supports the request and doesn't think that the building should
continue to be unusable.

CLOSE PUBLIC HEARING - MOTION
A motion to close the public hearing was made by J. Montgomery-Keast, supported by K.
Johnson, and unanimously approved.

MOTION PASSES

MOTION
Motion by K. Johnson, seconded by J. Montgomery-Keast, to move that the request to amend
Section 2005.05 of the Form-Based Code to allow churches as a permitted use in civic buildings
in the Form-Based Code, Downtown context area, be recommended to the City Commission for
denial.

ROLL VOTE:     Ayes: K. Johnson, J. Montgomery-Keast, J. Seyferth, and S. Gawron
               Nays: L. Willett-Leroi

MOTION PASSES
    C. Case 2025-27: Request for a special use permit to expand a non-
       conforming structure by no more than 30%, at 3211 Edgewater Street.
       Planning

SUMMARY


                                        Page 4 of 8
The applicant would like to finish the attic space in the house and add a dormer.
The house is considered non-conforming because it does not meet the required
five-foot side setback on the west side of the property. Non-conforming structures
may be increased up to 30% of the existing size with the issuance of a special use
permit. The house currently measures 1,282 sf, which would allow up to a 384 sf
addition. The proposed addition measures 350 sf. Notice was sent to everyone
within 300 feet of the property. At the time of this writing, staff had not received any
comments from the public.

Planning Exercise
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.

Staff will answer the following questions and ask the Planning Commissioners if
they disagree with each statement at the meeting (Staff answers in italics).

Would the proposed expansion be considered offensive, or a nuisance, because of
any of the following:
1. Increased traffic - No
2. Increased noise - No
3. Increased vibration - No
4. Increased light - No

Does adequate water and sewer infrastructure exist, or will it be constructed to
service the Special Land Use or activity? Yes, it currently exists.

STAFF RECOMMENDATION
I move to approve the request for a special use permit to expand a non-conforming
structure by no more than 30%, at 3211 Edgewater Street, based on the findings of
facts in the staff exercise located in the staff report.

PUBLIC COMMENT
No public comments were received.

CLOSE PUBLIC HEARING - MOTION
A motion to close the public hearing was made by S. Gawron, supported by J. Seyferth, and
unanimously approved.

MOTION PASSES

MOTION


                                       Page 5 of 8
Motion by K. Johnson, seconded by B. Mazade, to approve the request for a special use permit
to expand a non-conforming structure by no more than 30%, at 3211 Edgewater Street, based on
the findings of facts in the staff exercise located in the staff report.

ROLL VOTE:     Ayes: L. Willett-Leroi, K. Johnson, J. Montgomery-Keast, J. Seyferth, and B.
               Mazade
               Nays: None

MOTION PASSES
    D. Case 2025-28: This case has been removed. Planning
    E. Case 2025-29: Staff-initiated request to rezone the following properties:
       1181 and 1200 Ransom St; 1176, 1196, 1208, 1222, 1250, 1259, 1275, 1299,
       1302, 1309, 1314, 1319, 1322, 1334, 1337, 1342, 1347, 1365, 1377, 1391,
       1410, 1415, 1422, 1435, 1440, 1443, 1470, 1502, 1516, 1532, 1542, 1562,
       1576, 1586, 1596, 1604, 1624, 1625, 1632, 1633, 1640, 1643, 1649, 1652,
       1659, 1660, 1669, 1670, 1691, 1705, 1715, 1725, 1735, Peck St.; 19 Irwin
       Ave, 22 E. Southern Ave, 23 Strong Ave, 24 Morrall Ave, and 32 Iona Ave,
       from RM-1, Low Density Multiple-Family Residential to Form Based Code,
       Neighborhood Edge; 1765 Peck St, 1781 Peck St, Parcel # 61-24-205-465-
       0006-10, and 1778 Sanford St, from B4, General Business, to Form Based
       Code, Neighborhood Core; 180 E. Laketon Ave and 1752 Peck St from B-
       4, General Business and MC, Medical Care, to Form Based Code,
       Neighborhood Edge; and 36 Catherine Ave, 1366, 1378, 1386, 1394 and
       1469 Peck St from B-1, Limited Business, to Form Based Code,
       Neighborhood Edge. Planning

This item was removed from the agenda.


    F. Case 2025-30: Staff-initiated request to amend the zoning ordinance to
       allow marinas as a permitted use in Form-Based Code, Lakeside Mixed
       Residential districts. Planning

SUMMARY
This request, along with the next request (rezoning), was brought about after staff
had contact with a couple of property owners about land use issues on their
properties.

The owner at 2984 Lakeshore Dr wanted to demo and rebuild his house. However,
residential uses are not allowed in the Waterfront Marine (WM) district, and the
existing house was considered legally non-conforming (grandfathered). The owner
was forced to seek a variance to rebuild the house, and the request was eventually
approved. The new house plans were approved, but the new house would have to



                                        Page 6 of 8
meet the existing setbacks in WM, which is 10/14 (side setback requirement) for a
two-story house. Residential setbacks are usually much smaller, such as five feet in
many districts. There are eight houses located in the WM district, all of which are
considered legally non-conforming. With this current zoning, all property owners
will have difficulty rebuilding, putting on additions, and possibly even refinancing.

The owner at 3092 Lakeshore Dr. demoed the existing house on site and wants to
build a multi-family house, between 6-8 units. This is not allowed since residential is
not a permitted use in the WM district.

Staff are not exactly sure why the entire area was zoned WM, but it has been that
way since at least 1986. Were these residential properties hoping to have marinas
added to their properties? Was it zoned in an effort to transform this area into
strictly marina and phase out residential? Without having a clear answer, staff
decided to hold a focus group among the property owners to see what their vision
was for their properties moving forward. At the meeting, it was discovered that most
of the homeowners wanted to continue to stay strictly residential. A couple of the
homeowners wanted to stay residential, but add a marina to the property. All the
homeowners stated that they did not have an objection to allowing residential with
a higher density than single-family.

After the focus group meeting, it was clear that the best path forward would be to
allow multi-family residential and marinas on these properties. The Form-Based
Code, Lakeside Mixed Residential (FBC-LMR) district allows for small multiplexes
(up to six units), but it does not allow for marinas. Staff are proposing to amend the
ordinance to make marinas a permitted use in this context, then to rezone these
eight properties to FBC-LMR. A clause was added to the amendment that states
"marinas are a permitted use on properties with Muskegon Lake waterfront
frontage." This will eliminate the possibility of any FBC-LMR properties without lake
frontage to store boats on their properties. The master plan supports both WM and
FBC-LMR as they both fit the description of a lakeshore that allows for mixed uses.

STAFF RECOMMENDATION: I move that the request to amend the zoning ordinance to
allow marinas as a permitted use in Form-Based Code, Lakeside Mixed Residential districts, be
recommended to the City Commission for approval.

PUBLIC COMMENT
D. Ghezzi - Has property that will be affected by this request, and he supports it.

CLOSE PUBLIC HEARING - MOTION
A motion to close the public hearing was made by K. Johnson, supported by J. Montgomery-
Keast, and unanimously approved.

MOTION PASSES

MOTION


                                        Page 7 of 8
Motion by K. Johnson, seconded by S. Gawron, that the request to amend the zoning ordinance
to allow marinas as a permitted use in Form-Based Code, Lakeside Mixed Residential districts,
be recommended to the City Commission for approval.

ROLL VOTE:     Ayes: L. Willett-Leroi, K. Johnson, J. Montgomery-Keast, J. Seyferth, S. Gawron,
               and B. Mazade
               Nays: None

MOTION PASSES
    G. Case 2025-31: Staff-initiated request to rezone 3172 and 3182 Edgewater
       St; 2976, 2984, 2986, 3002, 3088, and 3092, from WM, Waterfront Marine to
       Form Based Code, Lakeside Mixed Residential. Planning

This item was removed from the agenda.


UNFINISHED BUSINESS
NONE

NEW BUSINESS
NONE

ANY OTHER BUSINESS
NONE

GENERAL PUBLIC COMMENT
No public comments were received.


ADJOURNMENT
The Planning Commission meeting adjourned at 5:30 p.m.




                                              Respectfully Submitted,



                                              Ann Marie Meisch, MMC City Clerk




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