Planning Commission Packet 02-10-2022

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                                                       CITY OF MUSKEGON
                                                     PLANNING COMMISSION
                                                       REGULAR MEETING

DATE OF MEETING:                       Thursday, February 10, 2022
PLACE OF MEETING:                      Commission Chambers, First Floor, Muskegon City Hall


                                                                     AGENDA

  I. Roll Call

  II. Approval of minutes from the special meeting of January 13, 2022.

 III. Public Hearings

  A. Hearing, Case 2022-03: Request for a Special Use Permit to allow recovery and support services for
     mental health and substance abuse (no overnight lodging) at 1128 Roberts St, by Fresh Coast
     Alliance.
  B. Hearing, Case 2022-04: Request for a Special Use Permit to allow a Class B Recreational Marihuana
     Grow Facility at 1720 S Getty St, by Saigon Lotus, LLC.
  C. Hearing, Case 2022-05: Staff initiated request to rezone a portion of the property at 653 Yuba St
     from R-1, Low Density Single Family Residential to B-4, General Business.
  D. Hearing, Case 2022-06: Staff initiated request to amend Section 2331 of the zoning ordinance to
     allow temporary marihuana events at 470 W Western Ave and 1800 Peck St.
 IV. Other
  A. The Docks PUD Report

  V. 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 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, upon 24- 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
                                                                  Muskegon MI 49440




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                                             STAFF REPORT
                                             February 10, 2022

Hearing, Case 2022-03: Request for a Special Use Permit to allow recovery and support services for mental
health and substance abuse (no overnight lodging) at 1128 Roberts St, by Fresh Coast Alliance.


SUMMARY

   1. The property is zoned R-1, Low Density Single Family Residential.
   2. The lot measures 2.3 acres and has an existing 15,500 sf building.
   3. In 2021, the applicant was denied a request to rezone the property to medical care. At the time, their
      plans included the addition of two large housing units for patient housing.
   4. The applicant has removed their plans for patient housing and are now seeking permission to continue
      using the facility for their daily operations, which includes recovery and support services for mental
      health and substance abuse.
   5. The use is similar to other types of land uses that are allowed in this zoning district with the issuance
      of a special use permit; such as schools and offices.
   6. Please see a description of the proposed project in “Exhibit 2” on the following pages.
   7. Notice was sent to all properties within 300 feet. At the time of this writing, staff had not received
      any comments from the public.




                                              1128 Roberts St




                                                      2
Zoning Map




Aerial Map




    3
4
STAFF RECOMMENDATION

Staff recommend the issuance of a special use permit. Consideration should be given for hours of operation.
The Planning Commission may place restrictions on how late the organization may operate.

DELIBERATION

The following proposed motion is offered for consideration:

I move that the request for a Special Use Permit to allow recovery and support services for mental health and
substance abuse at 1128 Roberts St be (approved/denied), with the following conditions:
   1. No overnight lodging.
   2. Hours of operation may be from ___ until ____.




                                                     5
Hearing, Case 2022-04: Request for a Special Use Permit to allow a Class B Recreational Marihuana Grow
Facility at 1720 S Getty St, by Saigon Lotus, LLC.

SUMMARY
   1. The property is zoned I-1, Light Industrial. The building measures 2,160 sf and the parcel measures
      12,000 sf.
   2. This zoning designation allows the following marihuana license types with the issuance of a special
      use permit: microbusinesses, designated consumption establishments and class B recreational grows.
      Caregiver facilities are an allowed use by right.
   3. The applicant is seeking a special use permit for a Class B recreational marihuana grow license,
      which allows for the production of up to 500 plants.
   4. Please see the zoning ordinance excerpt on the requirements for the issuance of a special use permit
      on the following pages.
   5. The property is not located within close proximity to any schools or parks.
   6. 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.



                                             1720 S Getty St




                                                     6
Zoning Map




Aerial Map




    7
ZONING ORDINANCE EXCERPT
Section 2332

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.


STAFF RECOMMENDATION

Staff recommends approval of the special use permit because it appears to meet all of the standards for
approval of discretionary uses as outlined in Section 2332.

DELIBERATION

I move that the request for a special use permit to allow a class B recreational marihuana grow facility at
1720 S Getty St be (approved/denied) with the following condition:
   1. The special use permit will be revoked if there are repeated odor nuisance violations.




                                                      8
Hearing, Case 2022-05: Staff initiated request to rezone a portion of the property at 653 Yuba St from R-1,
Low Density Single Family Residential to B-4, General Business.

SUMMARY
   1. This property is owned by the city. A potential buyer is seeking to purchase it and develop mini-
      storage units as demand grows with the addition of new apartments downtown. The potential buyer
      also owns the building on the adjacent property at 665 Yuba St.
   2. Half of the property is zoned B-4, General Business and half is zoned R-1, Low Density Single
      Family Residential.
   3. The property is vacant and measures 23,100 sf and is heavily wooded.
   4. There is a steep slope on the property and the portion closest to the alley may be difficult to develop.
   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.




                                                653 Yuba St




                                                      9
Zoning Map




Aerial Map




    10
STAFF RECOMMENDATION

Staff recommends approval of the rezoning.

DELIBERATION

I move that the request to rezone a portion of the property at 653 Yuba St from R-1, Low Density Single
Family Residential to B-4, General Business be recommended to the City Commission for (approval/denial).




                                                  11
Hearing, Case 2022-06: Staff initiated request to amend Section 2331 of the zoning ordinance to allow
temporary marihuana events at 470 W Western Ave and 1800 Peck St.

SUMMARY
   1. Temporary marihuana events are currently only allowed in the original marihuana facilities overlay
      district and at 420 S Harvey St, 863 E Apple Ave, 885 E Apple Ave, 795 E Apple Ave, 925 S Getty
      St and 920 Washington Ave. See map below.
   2. Staff has received may requests to hold temporary events in other areas of the city. In order to
      accommodate a reasonable number of events, staff is proposing to allow them at the arena and Marsh
      Field.
   3. City policy would dictate where on-site people could consume and by which method (i.e. smoking,
      edibles).
   4. To hold a temporary marihuana event, a registered temporary marihuana event coordinator must
      apply for a license with the State of Michigan.
   5. At the arena, the area would include the entire arena parcel, which also includes the outside area that
      extends to the western portion of the shared entrance with the convention center.
   6. Please see the marijuana facilities overlay district ordinance excerpt (enclosed).
   7. 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.



                                  Marihuana Facilities Overlay District




                                                     12
  Zoning Maps


470 W Western Ave




  1800 Peck St




       13
  Aerial Maps


470 W Western Ave




  1800 Peck St




       14
STAFF RECOMMENDATION

Staff recommends approval of the amendment.

DELIBERATION

I move that the request to amend Section 2331 of the zoning ordinance to allow temporary marihuana events
at 470 W Western Ave and 1800 Peck St be recommended to the City Commission for (approval/denial).




                                                   15
                                               The Docks
The City Commission approved the final PUD on June 25, 2019 by an 8-0 vote. The Planning Commission
recommended approval of the PUD by an 8-1 vote.


Section 2101: Planned Unit Developments

2.    Preliminary PUD Plan Submission

      The applicant shall submit together with the application for PUD preliminary phase approval:

      a.     A general development plan depicting the proposed locations of streets, parking areas, open
             spaces, buildings and structures, and their spatial relationships, the relationship to off-site
             improvements and infrastructure and any unusual topographic features.

             1)     Approval by the Planning Commission of the PUD Preliminary Plan shall remain in
                    effect for a period not to exceed three (3) years from the date of approval.

5.    PUD Development Time Limits

      a.     Construction of the improvements shown on the approved final PUD plan with all proposed
             buildings, parking areas, landscaping and infrastructure must commence within one year of
             approval by the City Commission.

      b.     Construction must be continued in a reasonable, diligent manner and be completed within five
             (5) years.

      c.     Said five (5) year period may be extended if applied for in writing by the petitioner and
             granted by the City Commission following public notice and public hearing in accordance
             with Section 2332 of this ordinance. Failure to secure an extension shall result in a stoppage
             of all construction.




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