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CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING DATE OF MEETING: Thursday, November 16, 2023 at 4 pm PLACE OF MEETING: Commission Chambers, First Floor, Muskegon City Hall AGENDA I. Roll Call II. Approval of minutes from the meetings of October 12 and November 6, 2023. III. Old Business IV. Public Hearings A. Hearing, Case 2023-31: Request for a special land use permit to operate a Class B marihuana grow facility at 907 and 911 W Laketon Ave. B. Hearing, Case 2023-32: Staff initiated request to amend the form based code section of the zoning ordinance to revise the signage types and requirements. V. New Business VI. Other VII. Adjourn AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES To give comment on a live-streamed meeting the city will provide a call-in telephone number to the public to be able to call and give comment. For a public meeting that is not live-streamed, and which a citizen would like to watch and give comment, they must contact the City Clerk’s Office with at least a two-business day notice. The participant will then receive a zoom link which will allow them to watch live and give comment. Contact information is below. For more details, please visit: www.shorelinecity.com 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 with twenty-four (24) hours’ notice to the City of Muskegon. 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 1 Staff Report November 16, 2023 Hearing, Case 2023-31: Request for a special land use permit to operate a Class B marihuana grow facility at 907 and 911 W Laketon Ave. SUMMARY 1. The property is zoned B-4, General Business. The parcel measures 9,594 sf and the building measures 4,600 sf. 2. Class B marihuana grow facilities are allowed in B-4 districts with the issuance of a special land use permit. Class B marihuana grow facilities allow for the cultivation of up to 500 marihuana plants at a time. 3. This facility had recently been used as a marihuana caregiver facility, which allowed marihuana caregivers to grow marihuana for up to five patients (up to 72 plants per caregiver). There were three caregivers associated at this address. The facility was closed earlier this year after State Police discovered excess marihuana being grown on site. 4. The City had received several complaints from neighbors about odor over the years that it was used as a caregiver facility. The issue was usually resolved once the property owner changed the filters. 5. Notice was sent to every property within 300 feet of this location. At the time of this writing, staff had not received any comments from the public. 907 W Laketon Ave 2 Zoning Map Aerial Map 3 Zoning ordinance excerpt: Section 2332: Special Land Uses and Planned Unit Developments 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. STATEMENT OF CONCLUSIONS “The decision on a Special Land Use or activity shall be incorporated in a statement of conclusions and be placed on file with the Department of Planning.” Staff finds that the proposed use or activity may become a nuisance, not by reason of increased traffic, noise, vibration, or light – but by odor. However, the former caregiver facility was not as heavily regulated by the State of Michigan as they are with Class B grow facilities. Staff has received complaints about caregiver facilities throughout the City, but has yet to receive a compliant about a grow facility that has a MMFLA (medical) or MRTMA (recreational) license. Staff finds that adequate water and sewer infrastructure exists for the project. STAFF RECOMMENDATION Staff recommends approval of the special use permit with the condition that it be revoked if there are numerous complaints regarding odor. DELIBERATION The following proposed motion is offered for consideration: I move that the request for a special land use permit to operate a Class B marihuana grow facility at 907 and 911 W Laketon Ave be approved with the following conditions based on the finding of facts pertaining to the standards for approval of discretionary uses. 1. The special land use permit be revoked if there are numerous complaints regarding odor. 4 Hearing, Case 2023-32: Staff initiated request to amend the form based code section of the zoning ordinance to revise the signage types and requirements. SUMMARY 1. Please see the zoning ordinance excerpt regarding projecting signs on the following page. 2. Projecting signs may only be up to 12 sf in size. However, the Planning Commission has granted departures for some larger projecting signs (see below for examples). 3. Staff is proposing to permit these larger signs if they reference the name of the building, and not an individual business. If a business were to close, it may not be feasible for a new business to utilize such a large sign frame, which would lead to blight issues from the vacant sign frame. 4. These larger projecting signs would only be allowed in the Downtown and Mainstreet context areas. They could be up to four feet wide and extend up to five feet away from the building. Examples of small projecting signs downtown Examples of large projecting signs downtown 5 Zoning Ordinance Excerpt 6 Proposed Amendments (1A & 1 B have been modified along with Section 2009.13) Section 2009.13 7 DELIBERATION The following proposed motion is offered for consideration: I move that the request to amend the form based code section of the zoning ordinance to revise the requirements for projecting signs be recommended to the City Commission for approval as proposed. 8
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