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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, September 12, 2019
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall
AGENDA
J. Roll Call
IL Approval of Minutes from the regular meeting of August 15, 2019.
Ill. Public Hearings
a. Hearing, Case 2019-23: Staff initiated request to rezone the property at 1713 7 St from 1-2,
Heavy Industrial to B-4 General Business and MC, Medical Care (northeast corner of
property).
b. Hearing, Case 2019-24: Staff initiated request to amend the Medical Marihuana Facilities
Licensing Act Overlay District to also allow for Recreational Marihuana facilities.
IV. New Business
V. Old Business
VI. Other
a. Review of Chapter 2 of “Suburban Nation”
VIL 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 aus iliary 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 fo attend the meeting, upon twenty-four 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
1
STAFF REPORT
September 12, 2019
Hearing, Case 2019-23: Staff initiated request to rezone the property at 1713 7" St from 1-2, Heavy
Industrial to B-4 General Business and MC, Medical Care (northeast corner of property).
SUMMARY
1. The property measures 2.7 acres and is zoned I-2, General Industrial.
2. Park Street Storage, which was demolished in 2018, was previously located on this site. The City
now owns the property.
3. The City has been working with Catholic Charities of West Michigan on a land swap deal that would
give this property to them and they would give their current building at the corner of 3TM/Houston to
the City. Catholic Charities of West Michigan would use this new property to construct a new office
building (in the area zoned B-4) and also a rehab center (in the area zoned MC). The City would
work with developers to create a mixed-use development on the corner of 3"/Houston.
4. This area is categorized by many different uses. In addition to residential homes, the Rescue Mission,
Norchuck Supply, Keene Lumber, a carpentry shop and other small businesses are located in the
direct vicinity. Staff feels that a downzoning from heavy industrial to general business is appropriate
for the neighborhood.
5. Please see the zoning ordinance excerpts for J-2, B-4 and MC districts.
1713 7" St
Zoning Map
NS
Aerial View
STAFF RECOMMENDATION
Staff recommends approval of the rezoning. The Master Land Use Plans call for buffer zones between
residential and industrial uses.
DELIBERATION
Motion for consideration:
I move that the request to rezone the property at 1713 7" St from J-2, Heavy Industrial to B-4 General
Business and MC, Medical Care be recommended to the City Commission for (approval/denial).
O31}
I-2 General Industrial
ARTICLE XV - I-2 GENERAL INDUSTRIAL DISTRICTS
PREAMBLE
The I-2 General Industrial Districts are established primarily for manufacturing, assembling, and
fabrication activities including large scale or specialized industrial operations whose external
physical effects may be felt to some degree by surrounding districts. The I-2 District is so
structured as to permit, in addition to I-! Light Industrial District uses, the manufacturing,
processing and compounding of semi-finished or finished products from raw materials.
SECTION 1500: PRINCIPAL USES PERMITTED
In an I-2 General Industrial District, buildings and land may be used for one (1) or more of the
following specified uses, unless otherwise provided in this Article.
I, Any Principal Use Permitted in the I-] District, subject to the requirements of this
District.
2. Primary metal industries, including foundries, smelting and refining of metal or alloys,
rolling and extruding plants.
3. Chemical plants whose manufacturing process produce products which are not hazardous
materials as defined in the Fire Code.
4, Paper and pulp manufacturing.
5. Power generating plants.
6. Junk yards and scrap metal processing.
7. Rubber manufacturing or the remanufacturing of rubber products.
8. Medical Marihuana caregiver facilities to the extent licensed pursuant to City Code
Sections 34-101 through 43-107 [03/11].
9. Uses similar to the above principal uses.
SECTION 1501: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as a
special land use if it is found to meet the standards outlined in Section 2332 of this Ordinance,
subject to applicable conditions imposed by Ordinance or other reasonable conditions imposed
by the Planning Commission:
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Any use with outside storage of aggregate, sand or other soil, or raw materials used in a
manufacturing process such as brick, tile manufacturing plants, asphalt and cement batch
plants.
Gasoline storage facilities.
Bulk storage or the production of acetylene, natural gas, and oxygen or other highly
explosive or toxic gases. The storage of such gases for use in a production process or of
an industry, business, or health care facility shall not be considered bulk storage.
Chemical plants whose manufacturing process produce products which are hazardous
materials as defined in the Fire Code.
5. Wind Turbine Facilities [10/09].
6. Uses similar to the above Special Land uses.
SECTION 1502: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the 1-2 General
Industrial District is to allow mixed land uses, which are compatible to each other.
SECTION 1503: AREA AND BULK REQUIREMENTS [amended 4/00}
1. Minimum lot size: 43,560 sq. feet.
2. Maximum lot coverage:
Buildings: 85 %
Pavement: 25 %
Lot width: 150 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
Width to depth ratios: The depth of any lot(s) or parcels) shall not be more than three
(3) times longer its width.
Height limit: 3 stories or 50 feet
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-4).
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03/11
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street : 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
9. Side setbacks:
l-story: 10 feet and 20 feet
2-story: 15 feet and 25 feet
3-story: 20 feet and 30 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
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B-4 General Business
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities
including automotive services and goods, and is generally incompatible with the uses in the B-J,
B-2, and B-3 Business Districts. Placement along presently developed major traffic arteries
prevents the conflict of traffic and pedestrian movement since the General Business District is
characterized by a minimum of pedestrian flow. The B-4 General Business Districts have been
located in areas designated on the adopted Land Use Plan,
SECTION 1300: PRINCIPAL USES PERMITTED
In the B-4 General Business District, no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise providing in this Ordinance:
im Veterinarian clinics, without outdoor kennels.
2. Bus passenger stations.
Stores selling second hand merchandise.
Funeral homes.
Automobile car wash, when completely enclosed in a building.
Auto service stations for the sale of gasoline, oil, and accessories, subject to the
following:
The curb for ingress and egress to a service station shall not be permitted at such
location that will tend to create traffic hazards in the streets immediately adjacent
thereto. Entrances shall be no less than twenty-five (25) feet from a street
intersection (measured from the road right-of-way) or from adjacent residential
districts.
The minimum lot area shall be ten thousand (10,000) square feet, and so arranged
that ample space is available for motor vehicles which are required to wait.
Major automobile repair, enginc and body repair, steam cleaning and
undercoating may be allowed when conducted on the site, and said uses shall be
within a completely enclosed building. The storage of wrecked automobiles on
the site shall be obscured from public view. No automobile or vehicle of any kind
shall be stored in the open for a period exceeding one (1) week.
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d. All rest rooms doors shall be shielded from adjacent streets and residential
districts.
e. Dispensing pumps shall be set back twenty (20) feet from the right-of-way line.
Self service laundry and dry cleaning establishments.
Amusement, entertainment, and recreational, including bowling alleys and skating rinks.
Storage of non-hazardous and non-toxic materials or goods provided such storage is
within a building or is enclosed as not to be visible to the public from any abutting
residential district or public street.
10. Theaters, when completely enclosed.
I. Banks, with or without drive-in facilities.
12, Restaurants, cocktails lounges and brewpubs. [amended 3/12]
13. Micro breweries, small wineries and small distilleries [amended 3/12]
14, Motels and hotels.
Residential uses as part ofa building in this business zone shall be allowed upon issuance
of a Certificate of Occupancy from the Department of Inspections, but provided that the
minimum lot area requirements of the RM-3 District are met.
16. Assembly of small parts provided that there shall be no machining, painting, cutting,
grinding, or welding of parts.
17. Business schools, or private schools operated for profit. Examples of private schools
permitted herein include, but are not limited to, the following: dance schools, music and
voice schools, and art studios: [amended 5/02]
a Parking is required to be provided on the same site as the building. Shared
parking will be allowed, if it is irrevocable, and if it will not consume any parking
needed for a separate use.
18. Principal Uses as permitted in B-2 Districts.
19. Accessory buildings and accessory uses customarily incidental to the above Principal
Uses Permitted.
20. Uses similar to the above Principal Uses Permitted.
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SECTION 1301: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission. A site plan shall not be
required when there is no change to buildings or existing facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and
recreational vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from
the intersection of any two (2) streets:
b. No major repair or major refinishing shall be done on the lot, such use of land
being only permitted in the I-1 or I-2 Industrial Districts.
2. Flea markets and auctions.
3. Business in the character of a drive-in restaurant or open front store, subject to the
following:
a. A setback of at least sixty (60) feet from the street right-of-way line of any
existing or proposed major thoroughfare shall be maintained.
b. Ingress and egress points shall be located at least sixty (60) feet from the
intersection of any two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and other
outdoor recreation activities subject to the following: [amended 2/02]
a. Amusement parks or amusement facilities must be fenced on all sides with a four
foot six inch (4-6") high wall or fence.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major
thoroughfares and shall not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-street
waiting space. No vehicle shall be permitted to wait or stand within a dedicated
road right-of way.
6. Private clubs, lodges, social and similar facilities.
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7. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c Buildings of greater than the maximum height allowed in Section 2100 may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (1) foot for each foot of building that exceeds the maximum
height allowed.
8. Commercial Kennels.
9. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
One (3) parking space shall be provided for each twenty (20) rental units
within the buildings, and one (1) parking space shall be provided for each
employee on site.
Between warehouses, there shall be a minimum of twenty five (25') feet
for internal access drives. Traffic direction and parking shall be designated
by signaling or painting.
The lot area used for parking and access shall be provided with a
permanent, durable, dustless surface and shall be graded and drained so as
to dispose of all surface water.
All lighting shall conform to section 2319 of this ordinance.
A ten foot landscaped berm shall be required in the front setback of areas
adjacent to any residential zone or use.
Retail, wholesale, fabrication, manufacturing, or service activities may not
be conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery
or pick-up of goods in truck in excess of one and one-half (1.5) ton rated
capacity shall be permitted.
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i. All storage shall be within the enclosed building area. There shall be no
outside storage or stockpiling.
j. No storage of hazardous, toxic, or explosive materials shall be permitted at
the facility. Signs shall be posted at the facility describing such
limitations.
10. Live music concert halls, under the following conditions: [amended 8/02]
a. The business will operate in such a manner as to comply with the Noise
Ordinance enacted by the City of Muskegon. No music (either live or piped) will
be permitted outside the building.
b. The business will maintain security staff, both inside and outside the building, at
all times when open to customers. Loitering will not be permitted on or around
the site.
c. The business will not operate between the hours of 3:00 a.m. and 8:00 a.m. No
person of 16 years of age or younger will be permitted within the business after
midnight and must directly exit the premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be
checked for litter every day before opening.
e. Security lighting will be provided for the site.
11. Taxi/Limousine Services [amended 5/04]
12, Craft Shops [amended 5/08]
13. Wind Turbine Facilities [amended 10/09].
14, Accessory uses and accessory buildings customarily incidental to the above Special Land
Uses Permitted.
15. Uses similar to the above Special Land Uses Permitted.
SECTION 1302: PLANNED UNIT DEVELOPMENTS
Planned Developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the B-4 General
Business Districts is to allow mixed land uses, which are compatible to cach other, while
prohibiting nonresidential uses which would not be compatible or harmonious with residential
dwellings or permitted commercial uses.
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SECTION 1303: AREA AND BULK REQUIREMENTS [amended 4/00]
1, Minimum lot size: 10,890 sq. feet.
2. Maximum lot coverage:
Buildings: 70 %
Pavement: 25 %
Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
Height Limit:
Maximum height: 2 stories or 35 feet
Minimum height: 2 stories or 35 feet.
Minimum heights are in the form of an "overlay district" on the following street
corridors:
Western Avenue; from Ninth Street to Pine Street.
Clay Avenue; from Seventh Street to Fourth Street.
Pine Street; from Western Ave. to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2), If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-4).
Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
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9. Side setbacks:
1-story: 8 feet and 12 feet
2-story: [0 feet and 14 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
The building has an approved fire rating for zero-lot line development under the
building code.
The building has adequate fire access preserved pursuant to fire code
requirements.
The zero lot line side is not adjacent to a street.
A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
adiministrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
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MC Medical Care
MC MEDICAL CARE DISTRICTS [amended 2/03]
PREAMBLE
The MC Health Care districts are established to accommodate and direct the development of
hospitals to serve as the nucleus of health care campuses. The uses permitted within these
districts are intended to provide a convenient and efficient health care delivery system for the
City and surrounding region. In addition to hospitals, MC districts permit development of
closely related services such as medical offices, housing for the elderly and special needs groups;
and, limited retail and various types of health care related services ancillary to principal district
uses. It is the further intent of MC districts to assist and encourage the development of medical
institutional land uses in a campus setting which includes not only the primary buildings and
structures, but also, campus support systems involving pedestrian and vehicular circulation,
parking, signs, exterior lighting, loading and materials handling, support facilities,
interconnecting systems of above and below ground corridors, and related facilities. The
districts are intended to support uses providing human care.
SECTION 904: PRINCIPAL USES PERMITTED
In an MC Medical Care District no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified
uses, unless otherwise provided for in this Ordinance:
L. General medical, surgical hospitals and specialty hospitals, but not including animal
hospitals.
2. Outpatient diagnostic and treatment centers, day surgery centers, rehabilitation clinics,
and urgent care facilities.
3. Professional medical offices intended primarily for health care related professions or
activities or hospital support services.
4. Offices for non-profit organizations related to or providing health care services.
5. Diagnostic and medical laboratories or research facilities.
6. Pharmacies without drive-up window service.
7. Medical appliance sales and servicing.
8. Educational facilities for the training of interns, nurses, and allied health care personnel.
3/03
9. Specialized congregate housing for the disabled and senior housing for the elderly at a
density not to exceed the density standards of the RM-3, High Density Multiple Family
Zone District. The density to be based on the area encompassed by the housing
structure(s) and parking and open spaces specifically assigned to the specialized housing.
10. Conference facilities for events and activities related to the permitted MC district uses.
11. Ambulance services and associated maintenance facilities.
12, Parking decks (associated with uses permitted in the MC district) of up to two (2) levels
above grade (roof parking is not counted as a deck) provided the setbacks for principal
buildings are met.
13. Private, indoor, recreational facilities and fitness centers located within a hospital,
provided such facilities are for employees and patients and not available to the general
public.
14, Chapels, churches, places of worship, and related facilities, when located within a
hospital building.
15. — Accessory mobile medical technology units which will be stationed on the grounds ofa
hospital campus.
16. Establishments engaged in providing diagnostic services, extensive medical treatment
(including surgical services) and other hospital services, as well as continuous nursing
service.
17. Establishments primarily engaged in providing intermediate or long term nursing and
health related care to individuals, typically classified as nursing homes, elder care
facilities, and other such operations.
18. Dwellings affiliated with a hospital_providing shelter and services for the elderly, which
may include meals, housekeeping, personal care assistance and medical services.
19. Accessory buildings and accessory uses customarily incidental to the above Principal
Permitted Uses.
20. —_Uses similar to the above Principal Permitted Uses.
SECTION 905: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under
the purview of Section 2332 after review and approval of the use (and a site plan, if required) by
the Planning Commission, after Public Hearing, subject to the applicable conditions, and any
other reasonable conditions imposed by the Planning Commission:
1. Any permitted use, which includes provision for drive-up window services.
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2. Pharmacies with drive-up window service.
3. Parking decks (associated with uses permitted in the HC district) exceeding two (2) levels
above grade (roof parking is not counted as a deck) provided the setbacks for principal
buildings are met.
4, Specialized lodging facilities, including those with accessory conference centers and
restaurants used for visitors and patients of hospitals.
5. Accessory mobile medical technology units which will be stationed outside the grounds
of a hospital campus.
6. Interconnected systems of above and below ground corridors when traversing a public
right-of-way.
7. Helipads, heliports, and helistops, under the following conditions:
a. Helicopter access must be used for emergency transportation only.
b. All helipads must be located within the boundaries of the hospital campus and
shall be isolated from residential uses and screened from the street or adjoining
residential uses.
c A specific hospital campus shall have only one primary functioning helipad,
however, a back-up or secondary helipad may exist subject to Planning
Commission approval.
d. There must be demonstrated compliance with the standards of the Michigan
Bureau of Aeronautics and the Federal Aviation Administration.
e. Alt landing and take-off sites (pads) shall be located not less than 100 feet from
all property lines, unless a lesser distance is approved by the Planning
Commission.
f. The landing and take-off site shall contain perimeter landscape, fencing, and/or
other facilities or structures, or combinations thereof.
g. The site shall be designed to ensure adequate separation between pedestrian
circulation routes and the landing pad.
8. Power Plants — for hospital or medical facilities provided they are screened from off-site
view of residential areas by use of walls, berms, landscaping, and/or other approved
structures. Plants shall blend with the overall architectural character of attached and
surrounding structures and the hospital campus as a whole.
9. Accessory buildings and accessory uses customarily incidental to the above Special Land
Uses Permitted.
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SECTION 906: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the MC Health Care
Districts is to allow mixed land uses, which are compatible to each other, while prohibiting
nonresidential uses which would not be compatible or harmonious with residential dwellings.
SECTION 707: AREA AND BULK REQUIREMENTS
I. Minimum lot size: 10,890 sq. feet.
2. Maximum lot coverage:
Buildings: 70 %
Pavement: 25 %
3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
5. Height Limit:
Maximum height: 3 stores or 100 feet, provided, however, buildings of greater
height may be approved by the Planning Commission subject to a Special Use
Permit.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-3).
6. Front Setbacks:
Minimum:
Expressway, Arterial Street or Major Street: 30 feet
Collector Street: 20 feet
Minor Street or campus access drive: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street or campus access drive: 30 feet
7. Rear setback: 10 feet
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8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
9. Side setbacks:
l-story: 8 feet and [2 feet
2-story: 10 feet and 14 feet
Note, setback measurement: The required front yard shall be measured from the right-of-
way line to the nearest foundation or building wall of the building or structure. The
required rear yard shall be measured from the property line to the nearest foundation or
building wail of the building or structure. Side yard setbacks shall be measured from the
property line to the determined drip line of buildings.
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side yard line provided:
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
€. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of the required front
yard setback shall be landscaped and adjacent to the road right-of-way. An average
minimum greenbelt of 10 feet shall be maintained.
12. Pedestrian Circulation:
a. Pedestrian systems connecting visitor and employee parking to building entrances
shall be provided.
b. Whenever a hospital campus, or portion thereof, is located adjacent to public
sidewalks or non-motorized pathways under the control of the City, the hospital’s
pedestrian and vehicular circulation systems shall be designed to link with these
public systems in a safe and efficient manner.
s:OAPlamning\XCOMMON\Zoning\Ordinanee\Ordinance Excerpts\MC.doc 5
Hearing, Case 2019-24: Staff initiated request to amend the Medical Marihuana Facilities Licensing Act
Overlay District to also allow for Recreational Marihuana facilities.
SUMMARY
1. Please see the enclosed zoning ordinance excerpt of Section 2330: Medical Marihuana Facilities
Overlay District.
2. Staff is proposing to amend the ordinance to also allow for Recreational Marihuana. Please see the
new proposed ordinance for Section 2330, titled “Marihuana Facilities Overlay District.”
3. The types of Medical Marihuana facilities that have been allowed in our current zoning include
Growers, Processors, Provisioning Centers, Safety Compliance and Transportation. These licenses
are also allowed under the Recreational Marihuana law, however Provisioning Centers are referred to
as Retailers. The Recreational Marihuana law also allows for the following new types of licenses:
e Microbusinesses
o May cultivate up to [50 plants
© May process and package marihuana
o May conduct retail sales to customers but not other marihuana establishments
e Temporary Marihuana Event - This license allows a Marijuana Event Organizer to run an
event, which has been approved by the local municipality, where the onsite sale or
consumption of marijuana products, or both, are authorized at a specific location for a limited
time. Licensed Retailers and Microbusinesses may participate. The Marijuana Event
Organizer is required to hire security and ensure that all rules and requirements for onsite
consumption of marijuana products are followed. Events may last 1-7 days. May only be
held at a venue expressly approved by a municipality for the purpose of holding a temporary
marihuana event
e Designated Consumption Establishment - Allows the license holder, with local approval, to
operate a commercial space that is licensed by the MRA and authorized to permit adults 21
years of age and older to consume marijuana and marijuana products on premises. A
Designated Consumption Establishment license does not allow for sales or distribution of
marijuana or marijuana product, unless the license holder also possesses a Retailer or
Microbusiness license. A person that allows consumption of marihuana products on the
premises of a nonresidential location and charges a fee for entry, sells goods or services while
individuals are consuming on the premises, or requires membership for entry shall acquire a
designated consumption establishment or temporary marihuana event license.
e Excess Marihuana Grower - Allows a licensee who already holds five adult-use Class C
Grower licenses to expand their allowable marijuana plant count.
4. Staff is proposing to allow all of the legal Recreational Marihuana facilities to locate within the
current Medical Marihuana Facilities Overlay District and rename it Marihuana Overlay District.
However, new building and site requirements have been added to increase the revitalization efforts of
the area. Please see the Redlined version of the new ordinance.
The State is only allowing businesses with approved Medical Marihuana licenses to apply for
Recreational Marihuana licenses for the first two years. Our current Medical Marihuana Facilities
Overlay District has resulted in the transformation of at least two severely blighted properties into
attractive properties. There are also at least 15 other properties within the district that have been
5
approved and are currently designing their facilities. These license holders are likely to cancel their
investments if they are not allowed to apply for recreational licenses as well.
6. The State will begin accepting Recreational Marihuana license application on November 1. The date,City
must either opt out of Recreational Marihuana or have an adopted ordinance before that
otherwise they may locate anywhere within the City.
DELIBERATION
Motion for consideration:
I move that the request to amend the Medical Marihuana Facilities Licensing Act Overlay District to also
allow for Recreational Marihuana facilities be recommended to the City Commission for (approval/denial).
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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 shail 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:
_
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 shal! 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.
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:
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 ail
ingress and egress doors.
c. Landscaping Plan. Decorative landscaping shall be provided and all
landscaping shali 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.
Deletions are in red, additions are highlig)
SECTION 2331: MEDICAL MARIHUANA FACILITIES OVERLAY DISTRICT
A Mediea! 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 | (to
be
determined) 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.
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.
Lighting. There shall be ornamental lig
all ingress and egress doors. T
Landscaping plan. Decorative landscaping shall be provided with irrigation.
ew construction projects shall require underground sprinkling. Please see
li Dir [
y the Zoning
C ‘ict or vithin 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.
. Provisioning Center, Retailer crobusiness and Designated Consumption
Requirements:
1. Hours. Provisioning Centers may-operate- betweenthe-hours-$-anrand
8pm.
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.
) : lowing amenity
requirements:
i. tien GUS ; bas deen tilt a ait
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.
Lighting. There shall be ornamental lig
e. Landscaping plan. Decorative landscaping shall be provided with irrigation.
All new construction projects shall require underground sprinkling.
g. 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 lightingis required on the exterior of the building at all
ingress and egress casts. T
Landscaping Plan. Decorative landscaping shall be provided and all
landscaping shall be irrigated. All new construction projects shall require
under, ground s prinklin, ee Part I j
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:
Storage. Marihuana and supplies, materials or money shall not be kept in any secure
transport vehicle overnight. Outdoor storage, excluding transport vehicles is prohibited.
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.
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.
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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