Planning commission approves special-use permit for marijuana retailer with drive-through at 551 Yonge Avenue

The City of Muskegon Planning Commission on March 27 approved a special-use permit allowing a marijuana retail store with a drive-through at 551 Yonge Avenue, contingent on conditions set by staff and the commission.

Planning staff told commissioners the public hearing on the application had already been held and that no members of the public spoke at that hearing. Staff reported the applicant had begun work with the engineering department on a required stormwater permit and that engineering does not anticipate major issues. Staff also recommended conditions requiring a new stormwater permit, removal or compliant screening of temporary storage containers, and modification of an existing fence over the mapped but unimproved Temple Street so that public safety and public-works authorities can access the area via a daisy-chain key system.

The daisy-chain arrangement discussed would allow the drain commissioner (referred to in the meeting as the water resources commissioner), the engineering department, and the fire department to each unlock access as needed. Staff said the drain commissioner had sent a letter indicating no objection to structures on that paper street so long as access is provided.

Commissioners discussed safety concerns for staff who would move from outdoor storage sheds across the parking lot, and the security of on-site cash storage. Commissioners also questioned the placement of a bike rack shown on the site plan and whether the fenced area effectively removes the potential for the mapped Temple Street to be used as a public street in the future; staff said engineering does not expect a street to be built there but that vacation of the right-of-way remains an option the applicant could pursue. Staff clarified that the presence of an existing fence and property-line configuration means the entrance sits on what would be the applicant's half of the right-of-way if vacated.

The motion approved by the commission (motion text as recorded in the meeting) authorized the special-use permit with the following conditions: 1) issuance of a new stormwater permit by the engineering department; 2) temporary storage containers must be removed or brought into compliance with required screening and licensing before final approvals; and 3) the property owner must provide a keyed daisy-chain on the existing fence so that public works/engineering, fire, and the drain/water-resources commissioner can access the site. The permit approval was explicitly tied to compliance with those conditions before the applicant may obtain the marijuana retail certificate required to operate.

A roll-call vote recorded the following commissioners as voting yes: Commissioner Simmons; Commissioner Blake (Seifer); Commissioner Montgomery Keys; Commissioner Seifer; Commissioner Will (as recorded on the roll call); and Commissioner Anne Johnson. The motion passed and the special-use permit was approved with the listed conditions.

Staff and commissioners noted the approval is a land-use decision; the applicant must still obtain all building, licensing and operational permits and certificates required by the city before opening.

The record shows no public comments at the hearing and no amendments to the staff-recommended conditions at the meeting.