Planning Commission Minutes 11-16-2023

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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES

November 16, 2023

T. Michalski called the meeting to order at 4:03 p.m. and roll was taken.
MEMBERS PRESENT:              J. Seyferth, K. Johnson, J. Montgomery-Keast, E. Hood, D. Keener,
                              J. Doyle, T. Michalski
MEMBERS ABSENT:               S. Blake
MEMBERS EXCUSED:              B. Mazade
STAFF PRESENT:                M. Franzak, W. Webster, P. Loudermill.
OTHERS PRESENT:

APPROVAL OF MINUTES
A motion to approve the Minutes of the Planning Commission meetings on October 12, 2023
and November 6, 2023, was made by J. Montgomery-Keast, supported by E. Hood, and
unanimously approved.

OLD BUSINESS
None.

NEW BUSINESS
None.


PUBLIC HEARINGS
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.

PUBLIC COMMENTS
None.

CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by K. Johnson, supported by J. Montgomery-
Keast and unanimously approved.

MOTION
J. Doyle moved, seconded by D. Keener moved, 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.
ROLL CALL VOTE
K. Johnson: Yes               T. Michalski: Yes      J. Montgomery-Keast: Yes
E. Hood: Yes                  D. Keener: Yes         J. Seyferth: Yes
J. Doyle: Yes
MOTION PASSES
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.
PUBLIC COMMENTS
None.

CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by J. Montgomery-Keast, supported by J. Doyle
and unanimously approved.

MOTION
J. Seyferth moved, seconded by D. Keener moved, 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.
ROLL CALL VOTE
K. Johnson: Yes             T. Michalski: Yes    J. Montgomery-Keast: Yes
E. Hood: Yes                D. Keener: Yes       J. Seyferth: Yes
J. Doyle: Yes
MOTION PASSES
UPDATES ON PREVIOUS CASES
None.
OTHER
None.
ADJOURN
There being no further business, the meeting was adjourned at 4:47 pm.

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