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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, January 10, 2019
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
I. Roll Call
If. Approval of Minutes from the regular meeting of December 13, 2018.
Ill Public Hearings
a. Hearing, Case 2019-01: Request to amend Section 2330 of the zoning ordinance to include
185 W Laketon Ave into the Medical Marihuana Overlay District, by Renee Smith.
IV, New Business
a. Elections (Chair, Vice Chair)
V. Old Business
VI. Other
a. Public Safety Director letter regarding the Docks development
VII. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
CIFY 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 mecting, to individuals with disabilities who want to attend the meeting, upon twenty-four hour
notice to the Cily 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
STAFF REPORT
January 10, 2018
Hearing, Case 2019-01: Request to amend Section 2330 of the zoning ordinance to include 185 W Laketon
Ave into the Medical Marihuana Overlay District, by Renee Smith.
SUMMARY
1. The Medical Marihuana Facilities (MMFLA) Overlay District was approved on May 8, 2018.
2. Please see the MMFLA Overlay District Map on the following page. The property in discussion is
highlighted in yellow.
3. To date, the City has approved 15 MMFLA licenses, most of them for Provisioning Centers (retail
sales). However, none of them have been granted a State license yet.
4. The applicant would like to be included into the district because they are the only commercial
building in the immediate vicinity that was excluded from the district.
5. Initial concerns over the inclusion of this property into the district included the proximity to
residential homes. However, other properties within the district abut homes as well.
6. Please see the enclosed MMFLA Overlay District Ordinance.
185 W Laketon Ave
MMELA Overlay District Map
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Aerial Map
DELIBERATION
I move that the request to amend Section 2330 of the zoning ordinance to include 185 W Laketon Ave in the
Medical Marihuana Overlay District be recommended to City Commission for (approval/denial).
SECTION 2330: MEDICAL MARIHUANA FACILITIES OVERLAY DISTRICTS
A Medical Marihuana Facilities Overlay Districts is hereby created as outlined in Figure 23-2.
Within said overlay district only, Medical Marihuana Facilities to the extent licensed pursuant to
City Code Sections 34-201 through 34-208 are permitted.
A. Overlay District:
1. Location: Please see Figure 23-2 for the location of the overlay district. Within the
overlay district, licenses for Provisioning Centers, Growers, Processors, Secure
Transporters and Safety Compliance Facilities are permitted.
B. Growers and Processors 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.
d. Landscaping plan. Decorative landscaping shall be provided with irrigation.
All new construction projects shall require underground sprinkling.
e. 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 Requirements:
ie
Hours. Provisioning Centers may operate between the hours 8 am and 8 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 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. 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.
d. Lighting. There shall be ornamental lighting on the exterior of the building at
all ingress and egress doors.
e. Landscaping plan. Decorative landscaping shall be provided with irrigation.
All new construction projects shall require underground sprinkling.
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:
I, 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.
a. Lighting. Ornamental lighting is required on the exterior of the building at all
ingress and egress doors.
b. Landscaping Plan. Decorative landscaping shall be provided and all
landscaping shall be irrigated. All new construction projects shall require
underground sprinkling.
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.
~ 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:
L. 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.
c. Landscaping Plan. Decorative landscaping shall be provided and all
landscaping shall be irrigated. All new construction projects shall require
underground sprinkling.
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.
Muskegon Fire Department
Jeffrey Lewis
Director of Public Safety
770 Terrace Street www.shorelinecity.com Phone: 231-724-6792
Muskegon, Michigan 49440 FAX: 231-722-6985
December 13, 2018
Jeffrey A. Lewis, Director
Muskegon Public Safety
933 Terrace Street
Muskegon, MI 49440
Dear Director Lewis:
RE: “The Docks” access requirements
This letter provides an outline for the requirements regarding access into the proposed
planned unit development (PUD) known as “The Docks’ in the City of Muskegon. My
recommendation for two means of access is based on the following codes and
standards: International Fire Code (IFC) and National Fire Protection Association
(NFPA).
IFC — 2015 edition
SECTION D107
ONE- OR TWO-FAMILY RESIDENTIAL
DEVELOPMENTS
D107.1 One- or two-family dwelling residential developments.
Developments of one- or two-family dwellings where the number of dwelling units
exceeds 30 shall be provided with two separate and approved fire apparatus access
roads.
The exception is one access road is allowed if all dwelling units are equipped
throughout with a residential sprinkler systems IAW Section 903.3.1.1, 903.3.1.2 and
9.3.3,4.3,
Additionally, Section D107.2 (Remoteness) states where two access roads are
required, they shall be placed a distance apart equal to not less than one-half the length
of the maximum overall diagonal dimension of the property or area to be served
measured in a straight line between accesses.
(continued)
Jeffrey A. Lewis
December 13, 2018
Page 2
Note: The city ordinance that adopted the 2015 IFC also adopted the appendices.
NFPA 1141: Standard for Fire Protection Infrastructure for Land Development in
Wildland, Rural, and Suburban Areas, 2012 Edition
Chapter 5 Means of Access
5.1.4 Number of Means of Access.
5.1.4.4
A land development shall have one or more means of access in accordance with Table
5.1.4.1(a), Table 5.1.4.1(b), or 5.1.4.2, whichever produces the greater number.
Table 5.1.4.1(a) Required Number of Access Routes for Residential Areas
Number of Households Number of Access Routes
0-100 4
101-600 2
>600 3
Table 5.1.4.1(b) Required Number of Access Routes for Nonresidential Areas
Number of Parking Spaces Number of Access Routes
0-1250 1
1251-3000 2
>3000 3
5.1.4.2
Where residential areas are mixed with nonresidential areas, the minimum number of
access routes shail be determined by calculating five parking spaces for each dwelling
unit, adding that number to the parking spaces count for the nonresidential area, and
using Table 5.1.4.4(b).
5.1.4.3
Where multiple means of access are required, one of the means of access shall be
permitted to be restricted for emergency use only, when approved by the AHJ.
5.1.4.4
Where multiple means of access are required, they shall be located as remotely from
each other as practical and acceptable to the AHJ.
(continued)
Jeffrey A. Lewis
December 13, 2018
Page 3
It is my hope this information is beneficial in the event this matter develops as a point of
contention.
Respectfully,
Scott Hemmelsbach, Fire Marshal
Muskegon Fire Department
SH/erp
cc: Jay Paulson, Deputy Director of Fire
Mike Franzak, Planning Director
Kirk Briggs, SAFEbuilt Building Official
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