Planning Commission Packet 04-13-2023

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                                                            CITY OF MUSKEGON
                                                          PLANNING COMMISSION
                                                            REGULAR MEETING

DATE OF MEETING:                            Thursday, April 13, 2023 at 4 pm
PLACE OF MEETING:                           Commission Chambers, First Floor, Muskegon City Hall


                                                                          AGENDA
      I. Roll Call

    II. Approval of minutes from the regular meeting of March 16, 2023.

   III. Old Business

   IV. Public Hearings

        A. Hearing, Case 2023-09: Request for a special use permit to have a drive-up window at a marihuana
           dispensary at 2125 Lemuel Street, by Alfred Cini (Grassy Knoll).
    V. New Business
        A. Master Plan update
   VI. Other

        A. Update on previous cases

  VII. Adjourn




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Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or by calling the following:

Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705. clerk@shorelinecity.com




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                                             STAFF REPORT
                                              April 13, 2023

Hearing, Case 2023-09: Request for a special use permit to have a drive-up window at a marihuana
dispensary at 2125 Lemuel Street, by Alfred Cini (Grassy Knoll).

SUMMARY

   1. The property is zoned I-1, Light Industrial and is located in the Marihuana Facilities Overlay District.
   2. The Grassy Knoll operates a marihuana retail store at this location. They are requesting a special use
      permit to allow a drive-up window. Drive-up windows are allowed as a special use permitted under
      certain conditions (please see the ordinance excerpt on the following pages).
   3. The site measures about 1.2 acres and the building on site measures 1,920 sf.
   4. Please see the enclosed Traffic Impact Assessment (TIA) from Fleis & VandenBrink. The TIA states
      that they will have room to stack up to 11 vehicles in line, which suggests that the proposed storage
      length will adequately accommodate the projected peak vehicle demand.
   5. Notices were sent to everyone within 300 feet of this property. At the time of this writing, staff had
      not received any comments from the public.



                                              2125 Lemuel St




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Zoning Map




Aerial Map




    3
Zoning ordinance excerpt:

SECTION 2331: Marihuana Facilities Overlay District

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


          4. Curbside/Drive Thru. Curbside delivery is allowed at all retail sale locations with an approved
             site plan that does not impede traffic or pedestrian safety. Drive thru’s are allowed under the
             following conditions:
              a. The underlying zoning designation must be B-2, B-4, MC, I-1, I-2 or any Form Based
                 Code designation/building type that allows for drive thru businesses.
              b. Drive-thru windows must be located on private property. Streets and alleys may only be
                 used for the movement of traffic and may not be used for drive-thru vehicular stacking.
              c. A traffic study must be performed showing anticipated number of stacking spaces and
                 where they would be located on site.


Zoning ordinance excerpt:

SECTION 2332: SPECIAL LAND USES & PLANNED UNIT DEVELOPMENTS




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STAFF RECOMMENDATION

Staff recommends approval of the special use permit based off of the findings of facts regarding Section
2332 of the zoning ordinance. Staff has reviewed the application and has determined that the issuance of the
special use permit would not be offensive, or a nuisance, by reason of increased traffic, noise, vibration, or
light. Adequate water and sewer infrastructure exist on site. The request also meets the three requirements
listed for drive through facilities listed in Section 2331, the Marihuana Facilities Overlay District.

DELIBERATION

The following proposed motion is offered for consideration:
I move that the request for a special use permit to have a drive-up window at a marihuana dispensary at 2125
Lemuel Street be (approved/denied) based off of the findings of facts of Section 2332 of the zoning
ordinance.




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