Planning Commission Packet 01-13-2022

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                                                       CITY OF MUSKEGON
                                                     PLANNING COMMISSION
                                                       REGULAR MEETING

DATE OF MEETING:                       Thursday, January 13, 2022
PLACE OF MEETING:                      Commission Chambers, First Floor, Muskegon City Hall


                                                                     AGENDA

  I. Roll Call

  II. Approval of minutes from the special meeting of December 16, 2021.

 III. Elections

 IV. Public Hearings

  A. Hearing, Case 2022-01: Request to amend Section 2331 of the zoning ordinance to include 1314 E
     Apple Ave into the Marihuana Facilities Overlay District with retail, provision centers and class B
     recreational grows as approved license types, by Lake Michigan Labs.
  B. Hearing, Case 2022-02: Request for a special use permit to allow a class B recreational marihuana
     grow facility at 552 W Southern Ave, by Port City Farms.
  V. Other
 VI. Adjourn




                                    AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
                              CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
      The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes
      of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting, upon 24- hour notice to
       the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or
                                                                   calling the following:
                                                                 Ann Meisch, City Clerk
                                                                    933 Terrace Street
                                                                  Muskegon MI 49440




                                                                            1
                                            STAFF REPORT
                                            January 13, 2021

Hearing, Case 2022-01: Request to amend Section 2331 of the zoning ordinance to include 1314 E Apple
Ave into the Marihuana Facilities Overlay District with retail, provision centers and class B recreational
grows as approved license types, by Lake Michigan Labs.


SUMMARY

   1. The property is zoned B-2, Convenience & Comparison Business District.
   2. This zoning designation allows the following marihuana license types with the issuance of a special
      use permit: microbusinesses, designated consumption establishments and class B recreational grows.
      Caregiver facilities are an allowed use by right.
   3. The applicant is currently operating a caregiver facility at this address.
   4. The applicant has requested to amend Section 2331 (marihuana facilities overlay district) of the
      zoning ordinance to designate 1314 E Apple Ave as an approved location that allows retail,
      provisioning centers and class B recreational grow license types.
   5. Retail licenses allow the sale of recreational marihuana. Provisioning centers allow for the sale of
      marihuana to medical marihuana patients. Class B recreational grows allow the production of up to
      500 plants
   6. Please see the enclosed zoning ordinance excerpt of Section 2331 (marihuana facilities overlay
      district).
   7. Notice was sent to all properties within 300 feet. At the time of this writing, staff had not received
      any comments from the public,


                                            1314 E Apple Ave




                                                     2
Zoning Map




Aerial Map




    3
STAFF RECOMMENDATION

Staff does not recommend amending the ordinance to allow for additional marihuana license types at this
time.

DELIBERATION

The following proposed motion is offered for consideration:

I move that the request to amend Section 2331 of the zoning ordinance to include 1314 E Apple Ave into the
Marihuana Facilities Overlay District with retail, provision centers and class B recreational grows as
approved license types be recommended to the City Commission for (approval/denial).




                                                     4
Hearing, Case 2022-02: Request for a special use permit to allow a class B recreational marihuana grow
facility at 552 W Southern Ave, by Port City Farms.

SUMMARY
   1. The property is zoned I-1, Light Industrial. The building measures 30,675 sf and the parcel measures
      just over 39,000 sf.
   2. This zoning designation allows the following marihuana license types with the issuance of a special
      use permit: microbusinesses, designated consumption establishments and class B recreational grows.
      Caregiver facilities are an allowed use by right.
   3. The applicant is seeking a special use permit for a Class B recreational marihuana grow license,
      which allows for the production of up to 500 plants.
   4. Please see the zoning ordinance excerpt on the requirements for the issuance of a special use permit
      on the following pages.
   5. The property is adjacent to Clara Shepard Park. However, there are no provisions in the ordinance
      requiring a certain distance from parks or schools. The State of Michigan does require that
      marihuana facilities be located at least 1,000 feet from schools. This property is located within 1,000
      feet of the former Nelson School, however, it is currently vacant.
   6. Notices we sent to everyone within 300 feet of this property. At the time of this writing, staff had not
      received any comments from the public.



                                           552 W Southern Ave




                                                     5
Zoning Map




Aerial Map




    6
ZONING ORDINANCE EXCERPT
Section 2332

5.     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.


STAFF RECOMMENDATION

Staff recommends approval of the special use permit because it appears to meet all of the standards for
approval of discretionary uses as outlined in Section 2332. However, given the potential for odor nuisances
sometimes associated with this industry, staff recommends a condition that the special use permit be revoked
if there are repeated issues with odor.

DELIBERATION

I move that the request for a special use permit to allow a class B recreational marihuana grow facility at 552
W Southern Ave be (approved/denied) with the following condition:
   1. The special use permit will be revoked if there are repeated odor nuisance violations.




                                                      7
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.
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                                                                                                                                                                                      CA
          FRANKLIN




                                                              WASHINGTON                                                                                                                                                                                                   IRWIN
                                                                                                                                                      WASHINGTON                                                                                                                                                                                                                                                                                                                                                                                                                                                     HOWARD




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  WINTERS
                                                                                                                                                                                                                                                                                                                                                                                                                         U
                                                                                                                                                                                                                                                                                                                                                                                                                                    LO




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             GARDEN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NEW
                             HUDSON




                                                                                                                                                                                                                                                                                                                                                                                                                 NA
                                                                                                                                                                                                                                                                                                                                                                                                                                      UI
                                                                                             GLADE




                                                                                                                                                                                                                                                                                                                                                                                                                                        S                                                                                                  IRWIN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         CRESTON
                                                                                                                                                                                                                                                                                                                                                                                                              R
                                                           GRAND

                                                                                                                                                                                                                                                      JIROCH
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          FLOWER




                                                                                                                                                                                                                                                                                                                                                                                                           HA
                                                                                                                    8TH




                                                                                                                                   GRAND




                                                                                                                                                                                                                                                                                                                                                                                                                                                          KINGSLEY
                                                                                                                                                                                                                             GRAND



                                                                                                                                                                                                                                                                   LEAHY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            KAMPENGA
                                                                                                                                                                                                                                                                                                                                                                                          NI
                                                                                                                                                                                                                                       CLINTON

                                                                                                                                                                                                                                                                                         GRAND




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 BURTON
                                                                                                                                                                                                                                                                                                                                                                                            M
                                                                                                     ME




                                                                                                                                                                                                                                                                                                                  GRAND                                                                            S
                                                                        BEIDLER




                                                                                                                                                                                                                   SANFORD




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          FLEMING




                                                                                                                                                                                                                                                                                          TERRACE
                                                                                                                                                       SOUTHERN
                                                                                                                                   PARK
                                                                                                      SS
                                                DIVISION




    FOREST




                                                                                                                                                                                                                                                                                                                                  WOOD
                                                                                                         LE




                                                                                                                                                                                    5TH




                                                           FOREST                                                                                                                                                                                                                                                                                                                                                                                                                                                         EMERSON
                                                                                                            R




                                                                                                                                                                                                                                                                                                         PINE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                HUIZENGA
                                                                                                                                                                                                                                                                                                                                                                                                                                             GETTY
                                                                                                                                                               FOREST
                                                                                                                                                                                                JEFFERSON




    IRELAND                                                                                                                                                                                                                                                                                                                                                      FOREST
                                                                                       BR 31 NB




                                                                                                                                                    7TH




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           FOREST
                                                                 DALE                             DALE
         DALE                 DALE                                                                                                                                                                                    DALE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MADISON
                                                                                                                                                                                                                                                                                                                                                                           DALE                                                                                          DALE                                                               DALE                                                    DALE
                                                                                                                                                                                                                                                                            HOYT




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       ROBERTS
                                                                                                                                                                                                                                                                                                                                                    MCILWRAITH
         LARCH                                                LARCH
                                                                                  BR 31 SB




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              AURORA




                                                                                                                                                                                                                                                                                                                                           MANZ
                                                                                                                                                                                                                   LARCH                              LARCH
                                                                                                                                                                                                                                                                                                                   SMITH
                                                                                         LAKETON                                                                                                                                                                                                                                                                                                                                                                                                                                           LARCH                                               LARCH




                                                                                                                                                                                                                                                                                                                                                                                                              SUPERIOR
                                                                                                                                                                                                                                                                                                                                                                                                 ELWOOD
                                                                                                                                                                                                                                                                                                                                                                                 DYSON
                                                                                                                                                                                                                                                                                                                                                                                                                                                     TURNER
         FRANKLIN




                                                                                                                                                                                                                                                                LEAHY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           LAKETON
                                                                                                           TEMPLE




                                                                                                                                                                                                                                                                                                                                                                 JARMAN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               FIGURE 23-2: MEDICAL MARIHUANA FACILITIES OVERLAY DISTRICT




                                                                                                                                                                                                                                                                                                                                                                                                                                 RAY
                       WINDSOR                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            NI
                                                                                                                                                                                                                                                  JIROCH




                                                                                                                                                                                                                                                                                                                                                                                                                                                     CONTINENTAL
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               M
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                S                                                                             1                     MMFLA & RECREATIONAL MARIHUANA DISTRICT
                                                                                                                                                                    1
                                                              HENRY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             VALLEY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                         AUSTIN
                                                                                                                                                                                                                                                                                                                           HOLBROOK
                                                    CROWLEY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             HUIZENGA
                                                                                                                                                                                                                                                                                                HOWDEN




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              2                     CLASS B RECREATIONAL GROW, PROCESSING,
                                       KINSEY




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            BRUNSWICK
 YOUNG                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              RETAIL DESIGNATED CONSUMPTION ESTABLISHEMNT,
                            HUDSON




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   VULCAN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    SPECIAL EVENTS
                                                                  LYMAN                                                                                                                                                                                                                                                                           KEATING
                     DOWD




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              3                     MICROBUSINESS
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           KEATING                                                                                    KEATING




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  REMEMBRANCE
                                      WILSON
                                                                                                           1                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  4                     PROVISIONING, RETAIL, MICROBUSINESS
ROYALE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         HARVEY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               5                    PROVISIONING, RETAIL




                                                                                                                                                                                                                                                                                                                                                                                                                                                                     AUSTIN

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         VALLEY
                                     HACKLEY
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               6                    GROW (MEDICINAL, RECREATIONAL), PROCESSING

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