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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, October 13, 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 September 15, 2022.
III. Old Business
IV. Public Hearings
A. Hearing; Case 2022-27: Request for a special use permit to operate a marihuana microbusiness and
designated consumption establishment at 1788 Wagner Ave, by Edris Davis.
B. Hearing, Case 2022-28: Staff-initiated request to amend Section 2331 of the zoning ordinance to
reduce signage restrictions on marihuana businesses and to allow drive-thru marihuana facilities
under certain conditions.
V. New Business
VI. Other
A. Update on previous cases
VII. Adjourn
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STAFF REPORT
October 13, 2022
Hearing; Case 2022-27: Request for a special use permit to operate a marihuana microbusiness and
designated consumption establishment at 1788 Wagner Ave, by Edris Davis.
SUMMARY
1. The property is zoned MC, Medical Care. The 4,617 sqft building is located on the same parcel as the
former General Hospital campus.
2. Marihuana microbusinesses are allowed as a special use permitted in Medical Care districts.
3. A microbusiness allows for the production of up to 150 plants, processing and sales all on site. A
designated consumption establishment allows customers to consume the product on site.
4. The applicant was approved for a special use permit for a microbusiness at 1761 Wells Ave in July.
5. 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.
1788 Wagner Ave
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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
repeated issues with odor control. Staff also recommends that the applicant state in writing that they are
revoking their right to the Special Use Permit issued at 1761 Wells Ave.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request for a special use permit special use permit to operate a marihuana microbusiness and
designated consumption establishment at 1788 Wagner Ave be (approved/denied) with the following
condition:
1. The special use permit shall be revoked if there are repeated issues with odor control.
2. The applicant must state in writing that they are revoking their right to the Special Use Permit issued
at 1761 Wells Ave.
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Hearing, Case 2022-28: Staff-initiated request to amend Section 2331 of the zoning ordinance to reduce
signage restrictions on marihuana businesses and to allow drive-thru marihuana facilities under certain
conditions.
SUMMARY
1. This Marihuana Facilities Overlay District currently restricts drive-thru’s at retail facilities. Curbside
sales are also prohibited, but enforcement was relaxed during the pandemic.
2. Staff has not received any complaints in the time that curbside sales have been allowed.
3. Many businesses have noted that they are in favor of allowing drive-thru’s at retail facilities. The
State of Michigan recently amended the statute to allow for them.
4. Staff recommends that drive-thru’s are only allowed in areas with heavy vehicular traffic and not
allowed in downtown, where drive-thru’s are restricted.
5. Staff also recommends that there is proper maneuvering room for vehicles to be granted the special
use permit. This will eliminate some of the existing marihuana retailers because of how their
properties are already set up.
Existing Ordinance:
SECTION 2331: MARIHUANA FACILITIES OVERLAY DISTRICT
B. Grower, Excess Grower, and Processor Requirements:
1. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall not use the
word marihuana/marijuana, cannabis or any other word or phrase which would depict
marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or any other rendering
which would depict marihuana/marijuana be displayed on a sign or any part of the building.
C. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment
Requirements:
1. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall not use the
word marihuana/marijuana, cannabis or any other word or phrase which would depict
marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or any other rendering
which would depict marihuana/marijuana be displayed on a sign or any part of the building.
4. Indoor Activities. All activities of a provisioning center shall be conducted within the structure
and out of public view. Walk-up and drive thru windows are not permitted.
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Proposed Ordinance:
B. Grower, Excess Grower, and Processor Requirements:
1. Signage. Signage shall follow the regulations set forth by the underlying zoning district.
C. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment
Requirements:
1. Signage. Signage shall follow the regulations set forth by the underlying zoning district.
4. 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 thru’s are allowed under the
following conditions:
a. 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.
b. 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.
c. There must be at least three vehicle stacking spaces on site that do not impede vehicular
circulation or parking spaces.
Existing locations that are likely to meet the requirements (internal floor plans could also limit some of these
locations):
420 Harvey St 1801 Peck St
313 W Laketon Ave 580 W Hackley Ave
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1965 Peck St 2125 Lemuel St
1922 Park St
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Example of a location that may not work:
1839 Peck St Suite B
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to amend Section 2331 of the zoning ordinance as presented be recommended to the
City Commission for (approval/denial).
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