City Commission Packet 01-27-2021

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                                       AGENDA
                       LEGISLATIVE POLICY COMMITTEE MEETING
                            WEDNESDAY, JANUARY 27, 2021
                                      5:30 P.M.
                                     VIA ZOOM


I.     Call to Order

II.    Approval of Minutes for September 23, 2020

III.   Old Business

IV.    New Business
             1) Amendment to the Zoning Ordinance – Marijuana – Mike Franzak
                    –Marijuana Facilities Overlay District

               2) Public Hearing Process – LeighAnn Mikesell

V.     Adjourn
                   Agenda Item Review Form
                    Muskegon City Commission
Commission Meeting Date: January 27, 2021                Title: Amendment to the Zoning Ordinance
                                                         – Marihuana

Submitted By: Mike Franzak                               Department: Planning

Brief Summary: Staff-initiated request to amend the zoning ordinance to allow for Microbusinesses,
Designated Consumption Establishments, Class A Recreational Grows (Up to 100 plants), Class B
Recreational Grows (Up to 500 plants), Class A Medical Grows (Up to 500 plants) and temporary
marihuana events as a special use permitted in I-1, I-2, MC, B-2 and B-4 zoning districts.



Detailed Summary: This case was tabled at the December City Commission meeting.
At the Planning Commission in November, a motion that the request to amend the zoning ordinance to
allow for Microbusinesses, Designated Consumption Establishments, Class A Recreational Grows,
Class B Recreational Grows, Class A Medical Grows and temporary marihuana events as a special use
permitted as part of the Michigan Regulation and Taxation of Marihuana Act in I-1, I-2, MC, B-2 and B-
4 zoning districts be recommended to the City Commission for approval , with the following amendments:
Any adult-use marihuana business shall not be located within a 500-foot radius of any property occupied
by: (1) a public playground, (2) a public park, (3) public housing, (4) a religious institution, (5) a public
or private, vocational school, college, junior college, or university, (6) a state-licensed child care center
or pre-school, (7) any public swimming pool, public or private youth activity facility, public outdoor
recreation area (except trails), or public recreation facility, (8) a youth center, (9) a juvenile or adult
halfway house, (10) correctional facility or rehab center; and that microbusinesses and designated
consumption establishments may only operate from 11:00 PM, not 12:00 AM, was made by J.
Montgomery-Keast, supported by L. Spataro and approved, with J. Montgomery-Keast, L. Spataro, B.
Mazade, J. Doyle voting aye, and B. Larson and T. Michalski voting nay.

Please see the zoning ordinance excerpt regarding Section 2331, the Marihuana Facilities Overlay
District. The ordinance is not as restrictive on locations as the new ordinance proposed by the
Planning Commission.




Amount Requested:                                      Amount Budgeted:

Fund(s) or Account(s):                                 Fund(s) or Account(s):

Recommended Motion:
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action
SECTION 2331: MARIHUANA FACILITIES OVERLAY DISTRICT

A Marihuana Facilities Overlay District is hereby created as outlined in Figures 23-2. Within said
overlay district only, Medical Marihuana Facilities and Recreational Marihuana Facilities to the
extent licensed pursuant to City Code Sections 34-201 through 34-208 and 34-301 through 34-307
are permitted.

  A. Overlay District:

       1. Location: Please see Figure 23-2 for the location of the overlay district. Within the
          entire overlay district, licenses for Provisioning Centers, Growers, Processors, Secure
          Transporters and Safety Compliance Facilities are permitted for Medical Marihuana
          Facilities. A smaller area within the overlay district allows for Recreational Marihuana
          licenses for Retailers, Microbusiness, Designated Consumption Establishments,
          Temporary Marihuana Events, Growers, Processors, Secure Transporters and Safety
          Compliance Facilities.


  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.
       2. Building and Site Amenities. All Grower and Processor facilities must meet the
          following amenity requirements:
               a. Bay doors. Buildings must have bay doors in which a secure transport vehicle
                  can enter for delivery.
               b. Canopy. Buildings must have a canopy or decorative awning over the main
                  entrance to the building.
               c. Lighting. There shall be ornamental lighting on the exterior of the building at
                  all ingress and egress doors. There shall also be at least one decorative street
                  lamp with banner brackets every 30 feet of linear road frontage. The Zoning
                  Administrator may require these lamps to be located off-site within the overlay
                  district to create a cohesive look for the district.
               d. Landscaping plan. Decorative landscaping shall be provided with irrigation.
                  All new construction projects shall require underground sprinkling. Please see
                  Part G, Landscaping Requirements.
               e. Street furniture/amenities. There shall be at least one bench, bike rack, trash
                  can or bus shelter located on site. The Zoning Administrator may require any
                  of these over another to keep a diversified look throughout the district.
                  Properties that cannot meet these requirements because of site conditions may
                allow the Zoning Administrator to locate these amenities anywhere within the
                district or within 500 feet of its boundaries.
            f. Carbon filtration system. The building shall be equipped with an activated
                carbon filtration system for odor control and be maintained in working order.
    3. Waste Disposal Plan. A plan must be approved for the disposal of waste, chemicals
       and unused plant material.
    4. Security. There must be a security presence in place on the property at all times, either
       by licensed security guard(s) and/or security cameras. A floor plan with security details
       is required.

C. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment
   Requirements:

    1. Hours.

       Provisioning Centers, Retailers and Microbusinesses and Designated Consumption
       Establishments may operate between the hours 8 am and 12 pm.

    2. 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. Windows shall remain free and clear of all advertising.

    3. Building and Site Amenities. All Provisioning Centers, Retailers, Microbusinesses and
       Designated Consummation Establishments must meet the following amenity
       requirements:
           a. Canopy. Buildings must have a canopy or decorative awning over the main
               entrance to the building.
           b. Security shutters. The interior of all windows shall require security shutters
               that give the appearance of shutters or window shades. Metal bars and gates
               are prohibited.
           c. Lighting. There shall be ornamental lighting on the exterior of the building at
               all ingress and egress doors. There shall also be at least one decorative street
               lamp with banner brackets every 30 feet of lineal road frontage. The Zoning
               Administrator may require these lamps to be located off-site within the overlay
               district to create a cohesive look for the district.
           d. Landscaping plan. Decorative landscaping shall be provided with irrigation.
               All new construction projects shall require underground sprinkling. Please see
               Part G, Landscaping Requirements.
           e. Street furniture/amenities. There shall be at least one bench, bike rack, trash
               can or bus shelter located on site. The Zoning Administrator may require any
               of these over another to keep a diversified look throughout the district.
               Properties that cannot meet these requirements because of site conditions may
               allow the Zoning Administrator to locate these amenities anywhere within the
               district or within 500 feet of its boundaries.
            f. Carbon filtration system. The building shall be equipped with an activated
               carbon filtration system for odor control and be maintained in working order.

    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.

    5. Security. There must be a security presence in place on the property at all times, either
       by licensed security guard(s) and/or security cameras. A floor plan with security details
       is required.

D. Safety Compliance Facility Requirements:

    1. Indoor Activities. All activities of a marihuana safety compliance facility shall be
       conducted within the structure and out of public view.
    2. Building and Site Amenities. All Safety Compliance Facilities must meet the following
       amenity requirements:
           a. Canopy. Buildings must have a canopy or decorative awning over the main
               entrance to the building.
           b. Lighting. Ornamental lighting is required on the exterior of the building at all
               ingress and egress doors. There shall also be at least one decorative street lamp
               with banner brackets every 30 feet of lineal road frontage. The Zoning
               Administrator may require these lamps to be located off-site within the overlay
               district to create a cohesive look for the district.
           c. Landscaping Plan. Decorative landscaping shall be provided and all
               landscaping shall be irrigated. All new construction projects shall require
               underground sprinkling. Please see Part G, Landscaping Requirements.
           d. Street furniture/amenities. There shall be at least one bench, bike rack, trash
               can or bus shelter located on site. The Zoning Administrator may require any
               of these over another to keep a diversified look throughout the district.
               Properties that cannot meet these requirements because of site conditions may
               allow the Zoning Administrator to locate these amenities anywhere within the
               district or within 500 feet of its boundaries.

    3. Security. There must be a security presence in place on the property at all times, either
       by licensed security guard(s) and/or security cameras. A floor plan with security details
       is required.

    4. Chemical waste and plant disposal plan. A list of all chemicals used in testing and how
       they will be disposed of must be provided. The plan must also show how marihuana
       plants and products will be disposed.

E. Secure Transporter Requirements:

    1. Storage. Marihuana and supplies, materials or money shall not be kept in any secure
       transport vehicle overnight. Outdoor storage, excluding transport vehicles is prohibited.
    2. Building and Site Amenities. All Secure Transporter buildings must meet the following
       amenity requirements:
           a. Canopy. Buildings must have a canopy or decorative awning over the main
               entrance to the building.
           b. Lighting. Ornamental lighting is required on the exterior of the building at all
               ingress and egress doors. There shall also be at least one decorative street lamp
               with banner brackets every 30 feet of lineal road frontage. The Zoning
               Administrator may require these lamps to be located off-site within the overlay
               district to create a cohesive look for the district.
           c. Landscaping Plan. Decorative landscaping shall be provided and all
               landscaping shall be irrigated. All new construction projects shall require
               underground sprinkling. Please see Part G, Landscaping Requirements.
           d. Street furniture/amenities. There shall be at least one bench, bike rack, trash
               can or bus shelter located on site. The Zoning Administrator may require any
               of these over another to keep a diversified look throughout the district.
               Properties that cannot meet these requirements because of site conditions may
               allow the Zoning Administrator to locate these amenities anywhere within the
               district or within 500 feet of its boundaries.

    3. Security. There must be a security presence in place on the property at all times, either
       by licensed security guard(s) and/or security cameras. A floor plan with security details
       is required.

F. Temporary Marihuana Event Requirements:

    1. Temporary Marihuana Events may be held within the allowed area for Recreational
       Marihuana Facilities, including parking lots and the public right-of-way, with the
       issuance of all necessary local and state permits.


G. Landscaping Requirements:

    1. All required front setbacks shall be landscaped with a minimum of two canopy or shade
       trees, four understory or evergreen trees and four shrubs, for each 30 lineal feet of road
       frontage. Access ways from public rights-of-way through required landscape strips shall
       be permitted, but such access ways shall not be subtracted from the lineal dimension used
       to determine the minimum number of trees and shrubs required.
    2. All terraces (area between street and sidewalk) shall be landscaped with a minimum of
       one canopy tree for each 20 lineal feet of road frontage.
    3. Properties that cannot meet these landscaping requirements because of site conditions may
       allow the Zoning Administrator to locate the required landscaping anywhere within the
       overlay district or within 500 feet of its boundaries. Required understory trees, evergreen
       trees and shrubs may be replaced with canopy trees within the terrace at a 1:1 ratio.
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: January 27, 2021             Title: Public Hearing Process

Submitted By: LeighAnn Mikesell                       Department: Development Services

Brief Summary: Staff is seeking approval to modify the process for holding public hearings at city
commission meetings.

Detailed Summary: Staff would like to be able to address comments received from the public so
that commissioners have a full picture of the topic before voting. The proposal is to modify the
process as follows.
   Clerk reads brief summary of agenda item
   Staff presents details on the item
   Public hearing is opened, and comments are received from the public
   Staff addresses questions/comments received during the public hearing
   Commissioners close the public hearing and deliberate
   Commissioners vote on the agenda item

Amount Requested: N/A                                Amount Budgeted: N/A

Fund(s) or Account(s): N/A                           Fund(s) or Account(s): N/A

Recommended Motion: To approve the new process for holding public hearings at city commission
meetings as proposed.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:

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