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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, December 15, 2022 at 4 pm
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
II. Approval of minutes from the regular meeting of November 17, 2022.
III. Old Business
IV. Public Hearings
a. Hearing, Case 2022-31: Request for a departure from the form-based code section of the
zoning ordinance to allow a residential unit on the first floor of a mixed-use building at 585 W
Clay Ave, by FMA Rentals, LLC.
b. Hearing, Case 2022-32: Request for a special use permit to operate a Class B recreational
marihuana grow facility at 2007 Henry St, by Greenroom Gardens, LLC.
c. Hearing, Case 2022-33: Staff initiated request to vacate a portion of Viridian Dr, east of
Terrace St.
V. New Business
VI. Other
A. Update on previous cases
VII. Adjourn
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STAFF REPORT
December 15, 2022
Hearing, Case 2022-31: Request for a departure from the form-based code section of the zoning ordinance to
allow a residential unit on the first floor of a mixed-use building at 585 W Clay Ave, by FMA Rentals, LLC.
SUMMARY
1. The property is zoned FBC, Mainstreet. The building type is mixed-use.
2. The building was last used as a bicycle store on the first floor and vacant office/storage space on the
second floor.
3. The new owner would like to convert both floors to residential units. However, duplexes are not an
allowed building type in this context area.
4. The owner is seeking a departure from the code to allow for a residential unit on the first floor of the
mixed-use building.
5. The building is in an historic district and must abide by all design requirements. The owner does not
intend on modifying the façade of the building, which would leave the possibility of retail again in
the future.
6. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff had
not received any comments from the public.
585 W Clay Ave
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Zoning Map
Aerial Map
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STAFF RECOMMENDATION
Staff recommends approval of the request as long as the retail store façade requirements are not removed.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request for a departure from the form-based code section of the zoning ordinance to allow a
residential unit on the first floor of a mixed-use building at 585 W Clay Ave be (approved/denied) with the
following condition:
1. The retail store façade requirements are not removed from the building.
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Hearing, Case 2022-32: Request for a special use permit to operate a Class B recreational marihuana grow
facility at 2007 Henry St, by Greenroom Gardens, LLC.
SUMMARY
1. The property is zoned B-2, Convenience & Comparison Business.
2. The lot measures 9,600 sf and the building measures just under 3,700 sf.
3. The property was last used as a marihuana caregiving facility in 2020. The location did receive
several complaints from nearby residents about odor.
4. The applicant is requesting a special land use permit to operate a Class B recreational marihuana
grow operation. This license type allows growing for up to 500 plants with the following conditions:
• A waste disposal plan must be approved for the disposal of waste, chemicals and unused plant
material.
• There must be a security presence in place on the property at all times, either by licensed security
guard(s) and/or security cameras.
5. The applicant operates another marihuana grow facility at 1839 Peck St and has not had any odor
complaints since it opened in early 2022.
6. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff had
not received any comments from the public.
2007 Henry St
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Zoning Map
Aerial Map
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STAFF RECOMMENDATION
Staff recommends approval of the special use permit, with the condition that it be revoked if there are
continuous odor violation complaints.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request for a special use permit to operate a Class B recreational marihuana grow facility at
2007 Henry St be (approved/denied) with the following condition:
1. The special use permit shall be revoked if there are continuous odor violation complaints.
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Hearing, Case 2022-33: Staff initiated request to vacate a portion of Viridian Dr, east of Terrace St.
SUMMARY
1. The portion of the street was vacated in January 2021. However, the legal description of the street
vacation was not accurate and we have been advised by our legal counsel to redo the process with a
more defined legal description.
Area of Viridian Dr to be Vacated Shaded in Grey
Legal Description of the Area to Be Vacated
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DELIBERATION
The following proposed motion is offered for consideration:
I move that request to vacate a portion of Viridian Dr, east of Terrace St, as described, be recommended to
the City Commission for (approval/denial).
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