CITY OF ALLEGAN PLANNING COMMISSION Monday, April 19, 2021 – 6:00PM City Hall – 231 Trowbridge Street Allegan, MI 49010 6:00 PM Planning Commission (Action to be taken by Commission on the following agenda items) Note: Please be courteous and turn cell phones off during the meeting.

1. CALL TO ORDER

2. ROLL CALL (Excused Absences if Any)

3. APPROVAL OF AGENDA

3A - Approval of the Planning Commission Meeting Agenda for April 19, 2021.

4. APPROVAL OF MINUTES

4A – Approval of the Planning Commission Minutes from March 15, 2021

5. PUBLIC COMMENT (for items not on the agenda)

6. NEW BUSINESS

6A – Special Use Permit and Site Plan Review for a Medical Marijuana Provisioning Center and an Adult Use Marijuana Retail Establishment at 500 Linn Street; Green Door Corporation, Applicant.

6b – Special Use Permit and Site Plan Review for a Medical Marijuana Provisioning Center and an Adult Use Marijuana Retail Establishment at 133 Marshall Street; Edenz, LLC, Applicant.

6c – Review of the City of Allegan Community Input Survey Results

7. REPORTS FROM ZONING ADMINISTRATOR & CITY OFFICERS

8. COMMUNICATIONS FROM COMMISSION MEMBERS

9. ADJOURNMENT

PLEASE NOTE

AUDIENCE PARTICIPATION: In addition to addressing the Commission during public hearings and under “Public Comment,” members of the audience may address the Commission, on items listed under agenda numbers 6A; please limit your comments to three minutes or less per item. Please step up to the Podium and state your name and address.

The proposed process for items listed under agenda numbers 6A- above shall be as follows:

1. Announcement of the agenda item by the Chairperson.

2. Verbal report provided by staff. 3. Chairperson asks commission members if they have any questions for staff to clarify the staff report. 4. Chairperson opens/closes the floor to receive public comment (if a public hearing is required or if the Chairperson determines public comments is warranted). 5. Motion is made by a commission member and seconded by another commission member. 6. Chairperson then calls on councilmembers to discuss the motion if councilmembers wish to discuss. 7. Chairperson calls for a vote on the item after discussion has occurred.

City of Allegan Planning Commission Meeting Monday, March 15, 2021 Allegan City Hall Council Chambers 231 Trowbridge Street Allegan MI 49010 MINUTES

1) Call to Order

Chairman Wilkening called the meeting to order at 6:00 P.M . 2) Attendance, Downtown & Promotions Manager, Parker Johnson provided a roll call for attendance.

Present: Roger Bird, Thomas Morton, Mayor Delora Andrus, Jason Watts, Tanya Westover, and Alex Wilkening.

Absent: Motion by Watts with support from Westover to excuse Julie Emmons from the March 15, 2021 meeting. Motion Passed 6-0.

Others Present: Parker Johnson, Downtown & Promotions Manager, Sarah Perrigo, City Intern and Lori Castello, PCI, Zoning Administrator

3) Approval of the Agenda Monday, March 15, 2021.

Motion by Watts supported by Morton, to approve the agenda for Monday, March 15, 2021 Planning Commission Meeting. Motion Passed 6-0.

4) Approval of the meeting minutes from Tuesday, February 15, 2021 Planning Commission Meeting.

Motion by Bird, with support from Watts, to approve the meeting minutes of Tuesday, February 15, 2021 Planning Commission. Motion Passed 5-0-1.

5) Public Comment

Let the record show no public comment was received. No public comment was received from the Clerk’s office

6) New Business

a. Site Plan Application – Wolverine Enclosures – 987 Industrial Drive

A representative from Wolverine Enclosures presented the site plan to the Commission and received questions from commissioners.

Zoning Administrator, Castello provided a report to the Commission on the site plan application received from Wolverine Enclosures at 987 Industrial Drive. This parcel is zoned M-1 Manufacturing and consists of approximately 9.77 acres of land area. Castello noted the applicant was requesting approval of site plan application with the following conditions, combination of parcels form to be submitted to PCI prior to issuance of building permits, drainage plan to be approved by Allegan County Drain Commissioners office, site work requires drainage to be installed under the ROW which requires application to DPS, fire suppression installation will require New Service Application from Water Utilities, no landscape plan submitted or required by Ordinance however, specific landscaping is required by deed restrictions for this parcel, compliance with restrictions and requirements as defined within Article II, section 13.f of the Highland Business Park agreement, discussion of proposed lighting; determination of whether additional information verifying location is required, any and all additional permits required by State/Local/Federal law shall be secured prior to construction. Chairman Wilkening opened the conversation for additional public comments.

Motion by Watts, with support from Bird to approve the site plan application from Wolverine Enclosures at 987 Industrial Drive with the prior condition’s approval combination of parcels form to be submitted to PCI prior to issuance of building permits, drainage plan to be approved by Allegan County Drain Commissioners office, site work requires drainage to be installed under the ROW which requires application to DPS, fire suppression installation will require New Service Application from Water Utilities, no landscape plan submitted or required by Ordinance however, specific landscaping is required by deed restrictions for this parcel, compliance with restrictions and requirements as defined within Article II, section 13.f of the Highland Business Park agreement, discussion of proposed lighting; determination of whether additional information verifying location is required, any and all additional permits required by State/Local/Federal law shall be secured prior to construction. Motion Passed 6-0.

b. Sign Ordinance Review/Amendments

Chairman Wilkening opened the public hearing at 6:34 P.M.

Let the record show no public comment was received. No public comment was received from the Clerk’s office.

Chairman Wilkening closed the public hearing at 6:35 P.M

Motion by Westover, with support from Morton to approve the Allegan City Sign Ordinance Article 21, sections 2100 – 2100.09 amendments as presented, contingent upon City Attorney approval, and with the amendment that Vehicle signs, defined as “a sign located on or attached to a vehicle, which is primarily located or used to serve as a sign rather than as transportation. This includes, but is not limited to, automobiles, trucks, boats, or airplanes and semi-trailers either attached or detached from a truck tractor,” be added to ‘Prohibited Signs.’ Roll Call Vote, Motion Passed 6-0.

c. Master Plan Update

Sarah Perrigo updated the Commission on the survey progress. Perrigo provided information to the Commission on the survey results.

6) Staff/Commission Comments

No additional comments.

7) Adjournment

Wilkening to adjourn the meeting at 6:38 P.M.

Respectfully submitted by Christopher Tapper, MMC & MACEO, City Clerk & Assistant to City Manager

MEMORANDUM

TO: City of Allegan Planning Commission

FROM: Lori Castello, Zoning Administrator

DATE: April 14, 2021

RE: Green Door- Special Use Permit/Site Plan Review

The Planning Commission is scheduled to hear a request from Green Door to renovate a building for use as a medical marijuana provisioning center and adult use marijuana retail establishment.

Property Information This property is located at 500 Linn Street, Allegan, MI, also known as Permanent Parcel Number 03- 51-305-095-00. Currently this property is Zoned C-2 General Commercial District. The property consists of approximately .94 acre of land area. This proposal is to occupy a portion of an existing building which also houses a chiropractic office.

Information provided by Applicant The applicant has completed the application for Special Use Permit and provided site plans of the proposed use.

Section 1707.33. Marijuana Businesses. (Only Special Use and Site Plan conditions and criteria are included. Refer to Ordinance for entire language). B. Regulations and Conditions. Marijuana businesses are permitted as special uses in the zoning districts indicated in the Table of Uses in Section 402.01 (C-2 is included) subject to the following regulations and conditions: 1. Marijuana businesses must comply with the MMMFLA, the MRTMA, and any applicable rules promulgated under either statute. The Planning Commission may find that the applicant has applied for and been granted prequalification by LARA subject to state requirements within the MMFLA and MRTMA. Final approvals shall not be granted until local approval is granted and submitted to the State of Michigan. 2. Co-located marijuana businesses and stacked grower licenses may be permitted, subject to the regulations in this section, the Table of Uses in Section 402.01, and any applicable rules promulgated by LARA. The application at hand is for two licenses: one as a medical use dispensary and the other for an adult use retail center. The two uses are identical from a land-use standpoint; however variations in operation from handling of merchandise and transaction require the two separate licenses by the State. 3. No marijuana business may operate without first obtaining final authorization for each state operating license from the City Clerk pursuant to Chapter 31 of the City Code. No operation 1 has commenced. The Planning Commission may choose to include this as a specific condition of approval in its recommendation to Council. 4. Marijuana businesses (including both the building and the surrounding site) shall be sufficiently designed in a manner to minimize light spillage, odor, and noise (including noise associated with truck traffic or other machinery), affecting adjacent properties. The Site will host a medical dispensary and adult-use retailer; the daily operations will be similar in nature to other retail operations in the amount and intensity of noise, light, sound, vibration, and traffic. The building’s HVAC system will be required to contain carbon filters to deodorize air as it circulates within and out of the buildings. The Planning Commission may find this standard has been met.

5. Special use applicants must provide a plan for the storage and disposal of marijuana or chemicals associated with marijuana cultivation, so as to minimize the risk of theft or harm resulting from chemical exposure. At no time should byproducts be deposited into the ground. Applicant must provide this plan for review and comment.

6. No marijuana may be stored overnight outside of an enclosed building. By way of example and without limitation, it is unlawful to store marijuana overnight in an outdoor waste bin. All product will be required to be delivered within the standards of this ordinance directly into the facility. The Planning Commission may choose to reiterate this standard as a condition of approval.

7. The outdoor storage of trash or rubbish shall be appropriately screened. The site plan denotes the location of the proposed dumpster on the south end of the parking area. Applicant should verify that proper screening of the dumpster via opaque locking enclosure will be provided. The Planning Commission may require this as a condition of approval.

8. Signage for marijuana businesses will be approved pursuant to the generally applicable procedures and standards provided in Chapter 23 of the City Code, with the following additional restrictions: a. A marijuana business may display no more than two separate signs. Flyers, window decals, or other objects visible from and facing toward the exterior of the building are considered signs for the purposes of this section. b. Signs must be affixed to the building on the premises and are subject to the dimensional regulations for the underlying zoning district. c. Signage text shall be limited to identifying the licensee’s business or trade name, stating the location of the business, and identifying the nature of the business. For purposes of this section: i. Stating the location of the business may include information such as the physical address or location, directional information, website address, email address or phone nuber of the licensed business. ii. Identifying the nature of the business may include information related to the operation of the business, what the business is engaged in, or the goods the business offers for sale. d. Signs shall not contain depictions of marijuana plants or marijuana products. For purposes of this section:

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i. a depiction of a marijuana plant means an image or visual representation of a cannabis leaf, plan, or the likeness thereof that suggests or represents a cannabis leaf or plant. ii. A depiction of a marijuana product means an image or visual representation of usable marijuana, marijuana-infused products, or marijuana concentrates, or an image that indicates the presence of a product such as smoke, etc.

e. Signs shall not contain images or text designed to appeal to persons under legal age to consume marijuana. By way of example but not of limitation, signs shall not include cartoon characters, images of youthful persons, or slang terminology for marijuana that may be designed to appeal to minors (e.g. “weed” or “kush”). The applicant will be required to submit for sign permits separately, which will be administratively reviewed for compliance with this and all applicable signage standards.

9. (N/A- cultivation/processing standards). The Planning Commission may find this Standard does not apply to retail centers.

10. (Summarized for document length). Marijuana businesses must control and eliminate odor via installation of air scrubbing technology and establishing and maintaining negative air pressure. Doors and windows must remain closed at all times except for minimum time to allow for ingress and egress. A Final review of plans by mechanical inspector and building official will confirm these standards are met prior to issuance of alteration permits or commencement of operation. The applicant may need to provide additional information as to how the air exchange will be separate from the adjoining suite within the same building. The Planning Commission may reiterate this standard as a condition of approval.

11. For growers and excess growers: The Planning Commission may find this Standard does not apply to retail centers.

12. For provisioning centers, retailers, and microbusinesses: a. Provisioning centers, retailers and microbusinesses may not be open to customers between the hours of 9:00 p.m. and 9:00 a.m. Applicant should verify proposed hours of operation. The Planning Commission may reiterate this standard as a condition of approval. b. Provisioning centers, retailers and microbusinesses may not receive deliveries between the hours of 8:00 p.m. and 7:00 a.m. The Planning Commission may reiterate this standard as a condition of approval. c. The exterior appearance of a provisioning center, retailer or microbusiness must be compatible with the surrounding businesses with respect to façade type, ground floor opacity, size and placement of signage, site layout, etc. The proposed use will involve alteration of an existing building. An elevation sketch and a photo of the existing building has been presented for your review. This building is in a unique location along a commercial corridor but isolated by roads and trees from adjacent commercial uses. Across Linn Street and Maple Street are existing residential homes. A google street view map can be found in Figure 1 on page 10 of this report. The Planning Commission may find that this standard has been met in that the established character of the building or surroundings will not be essentially altered from present condition, with the exception of an updated façade to be placed on the existing building.

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d. the interior of the building must be arranged in a way such that neither marijuana, marijuana infused products, nor paraphernalia are visible from the exterior of the building. The Planning Commission may reiterate this standard as a condition of approval.

e. The lot on which a provisioning center, retailer or microbusiness is located must be at least 1,000 feet from a lot that, as of the date of the applicant’s special use application, contains: i. A public or private school providing education in kindergarten or any grade 1-12; or ii. A facility owned by Allegan Public Schools that is used (or planned for use) to provide childcare or educational services to children under 12 years of age. The 1,000 feet buffer shall be computed by measuring a straight line from the nearest property line on the lot used as described in subsections (i) and (ii) above to the nearest property line of the lot used as a provisioning center, retailer or microbusiness. This buffering requirement modifies and supersedes the default requirements in Section 9 of the MRTMA. No properties are owned by Allegan Public Schools or any public or private K-12 school system within this buffer zone. The Planning Commission may find that this standard has been met. f. The lot on which a provisioning center, retailer, or microbusiness is located must be at least 1,000 feet from another lot that contains any of those three business types. If at any time the City has two pending applications that, if granted, would result in a violation of this subsection, the priority of those applications shall be determined as provided in Chapter 31 of the City Code. This is the third application to come before the Planning Commission. There are additional potential applicants who have received preliminary approval from the City Clerk for marijuana business operation, however those are located outside of the required buffer. The Planning Commission may find that this standard has been met.

Section 1801.01 Standards for consideration of Special Uses (General) The review of a special use shall consider the following: A. The general safety, health and welfare of the community at large, this shall include: 1. Accessibility of the property in question to fire and police protection. The proposed use lies within an existing structure on a main thoroughfare. The Planning Commission may find that this standard has been met. 2. Traffic conditions creating or adding to a hazardous situation. The operation is proposing use of an existing building with adequate parking (see site plan review section for more comments). The Planning Commission may find that this standard has been met. 3. Transportation design requirements if any, which will be needed to accommodate any traffic impact for the use intended; and See above comments. The Planning Commission may find that this standard has been met. 4. Appropriateness of the location, nature and height of the proposed use to the size, type, and kind of buildings, uses, and structures in the vicinity and adjacent properties, including the safety and convenience of people therefrom. Section 1707.33 (above) permits medical provisioning centers and adult-use marijuana retail establishments provided all the standards therein are met. The Planning Commission may find that, with appropriate conditions as suggested in the summary, this standard has been met. B. Any potential decrease in the market value of adjacent buildings, uses and structures which are permitted by right under current zoning if the proposed use is granted; There is no data to suggest that market value would be affected by the establishment of this use; however the 4

proposed exterior improvements, however minor, may provide a positive effect on area aesthetics. The Planning Commission may find this standard has been met. C. Harmony with the Comprehensive Planning Program of the City of Allegan. This considers whether the location and size of the proposed use, the nature and intensity of the activities involved, the size of the site with respect to existing and future streets (giving access to it), parks and drainage systems will be in harmony with the Comprehensive plan of the City of Allegan and the character of land use which is intended by said city Plan for the area or district in question; By making use of an existing building that supports retail sales, the proposed accessory use meets the goals of the Master Plan. The Planning Commission may find this standard has been met. D. Impact from the applicant’s proposed use, its location and intensity and the height of its buildings, walls, fences and other structures upon the appropriate character of development intended for the area as deemed desirable by the City of Allegan Comprehensive Plan; No exterior changes are proposed other than a ‘freshening up’ of the existing façade and minor repairs to the building. The Planning Commission may find this standard has been met. E. Any hazards arising from storage and use of flammable fluids; and No storage or use of flammable fluids is proposed. The Planning Commission may find this standard has been met. F. That the operations in connection with any special use shall not be environmentally objectionable to nearby properties by reason of noise, fumes, pollution, vibration, or lights to an extent which is more that would be the operations of any use permitted by right for that district wherein the special use is proposed. The proposed operation shall take place within a completely enclosed structure and meets the criteria of 1707.33.B.10 which addresses these same concerns.

Section 1800.01.E. Review Criteria: 1. The proposed site plan is in accordance with the comprehensive master plan, the Ordinance and other development policies of the city. The property is currently zoned C- 2 General Commercial. The use of the property for a medical provisioning center and adult use marijuana retailer is permitted by Special Use subject to the standards discussed herein. The Planning Commission may find this standard has been met.

2. The site plan is designed to be consistent with the intent and planning criteria of the Zoning District and will not adversely impact the intent and planning criteria of any adjacent Zoning Districts. This property located at the northern end of a commercial district, with R-2 Single Family Residential Zoning and homes on the north side of Maple and east side of Linn. As long as the operating procedures adhere to Ordinance requirements, the Planning Commission may find this standard has been met.

3. The site is served by essential public facilities, such as vehicular and pedestrian access, open space and services such as emergency services and utilities and these public facilities and services have sufficient capacity to the site. This site is served by Linn and Maple Streets and is immediately adjacent to M-40 for vehicular access and is served by public water, sanitary sewer and storm sewer. Fire chief and DPW input have been solicited; any comments received will be shared at the meeting. The Planning Commission may require all city approvals as a condition of SUP/Site Plan approval.

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4. The site plan is designed with regard to preserving Allegan’s unique topography and environment, including areas of steep slope, riverbanks and existing vegetation, in conformance with all other regulations. The lot coverage and landscaping/buffering is within the City’s standards for the area that is shown. No exterior alterations to parking or landscaping are proposed. The Planning Commission may find this standard has been met.

Section 1002: Yard Requirements within the C-2 Zoning District: A. Front Yards: 1. Front yard. Every front yard shall have a landscaped planting strip of a minimum five (5) feet in width running the length of the front lot line interrupted only by access driveways. The proposed site plan indicates no additional landscaping work. The existing landscaping meets this requirement. The planning commission may find this standard is met.

2. In addition, and behind the planting strip, the front yard shall conform to the building line or lines as established from time to time by ordinance for building setback lines, but in no case shall the setback be less than thirty-five (35) feet. The existing building is proposed to remain in its current location. The Planning Commission may find this standard is met due to the lawful nonconforming nature of the building. 3. Whenever a building is set back in excess of the requirements of this subsection, the front yard shall not be occupied by any structure except for a sign permitted by the sign ordinance, however not more than eighty (80) percent of the excess area excluding the planting strip of such front yard shall be used for off-street parking. The remaining twenty (20) percent shall be landscaped to complement the parking area. The proposed site plan indicates existing landscaping will be trimmed or potentially replaced. The existing landscaping meets this requirement. If the landscaping is to be replaced, a landscape plan verifying compliance with this section shall be required. The planning commission may find this standard is met.

4. If the lot is a through lot… This section does not apply as this is not a through-lot.

B. Rear yard: This is a corner lot in the C-2 Zoning District; rear yard calculations are replaced with side yard requirements.

C. Side yards 1. There shall be a minimum side yard of ten (10) feet in width on each side of the lot. These side yards shall be landscaped planting areas. The site as developed has several existing mature trees well in excess of the minimum required 10 feet. The Planning Commission may find this standard is met. 2. Wherever a side yard faces an existing or proposed street dedication, the landscaped planting area shall be a width equal to ten (10) percent of the average width of the property, but not less than ten (10) feet. The Planning Commission may find this standard is met. 3. For buildings which are not of the fire resistive construction as defined in the building and construction codes of the city, a side yard shall be provided equal to one (1) foot in least 6

dimension for each one (1) foot height of the structure, but not less than the ten (10) feet prescribed in A. above. The building is approximately 20 feet from the closest side lot line; the Planning Commission may find this standard has been met. Section 1003: Height Requirement: In the C-2 district no structure or premises shall exceed fifty (50) feet in height. The existing structure is approximately thirteen (13) feet high, well within the requirements of this section. 1612: Required off-street parking and loading facilities A. Schedule of spaces required.

1. For retail stores, 3.0 spaces for each 1,000 square feet of gross leasable area. The existing building has approximately 2262 square feet, approximately half of which will remain occupied by the chiropractic office. The required number of parking spaces to support a retail use of 1131 square feet is four. The required number of parking space for medical offices is 5.7 per 1000 square feet of floor area, or 7 spaces. The total required number of parking spaces to accommodate this site with these two uses is 11. The proposal includes resurfacing and re-striping the existing parking to accommodate 15 spaces, one of which is ADA. The Planning Commission may find this standard has been met. C. Parking area maintenance and striping. Parking areas shall be maintained in good condition at all times…. The applicant has proposed resurfacing and re-striping of parking area as needed. The Planning Commission may choose to require this as a condition of approval to find this standard has been met.

D. Parking Space Dimensions. The proposed parking spaces are indicated to be 18 feet long and 9 feet wide, with maneuvering lanes of approximately 22 feet wide on average. The Planning Commission may this standard has been met.

H. Location of Off-Street parking: 2. For Commercial and all nonresidential uses in commercial zoned, required parking shall be provided within three hundred (300) feet. The parking area as presented meets this requirement.

J. Parking areas in commercial and industrial districts. Every parcel of land hereafter established as a public or private parking area in any commercial or industrial district or hereafter enlarged or altered shall be developed and maintained in an accordance with the following requirements: 1. Off-street parking areas shall be effectively screened on any side which adjoins or faces premises situation in any residential zoning district by a screening of evergreen hedge or other natural landscaping. Screening provisions in Section 1615 shall control… This property does not adjoin any residential zoning district- while it is adjacent to the residential zoning district, a street lies in between the two. 2. Stormwater and Lighting: Every such off-street parking area shall be surfaced with asphalt or concrete, and shall be graded and drained to dispose of all surface water to the nearest adjoining street and away from adjoining properties. Parking areas for more than ten (10) vehicles shall include provisions for Low Impact Design stormwater runoff reduction and pollution prevention- See “Development Standards for Stormwater Management” Allegan 7

County Drain Office www.allegancounty.org. Any lighting in connection with off-street parking shall be so arranged as to reflect the light away from all adjoining residential buildings zones and streets. Lighting provisions of Section 1615 shall control. See comments with Section 1615 for lighting. This site plan and Special Use is to occupy a portion of an existing building with minimal exterior work. DPW has approved of the site plan as presented. The Planning Commission may require this review/approval as a condition of approval. 3. Non-motorized access. Parking areas for more than ten vehicles shall provide bicycle parking or storage areas and where applicable to allow for connectivity to established non- motorized paths. Applicant should verify bicycle parking/storage area to confirm this standard is met. This parcel is located in close vicinity to the downtown area and may be commonly accessed by pedestrians, bicycles, etc. This is included on recommended conditions of approval. 4. The off-street parking area shall be subject to the approval of the Planning Commission to insure its adequacy in relation to traffic safety, lighting and protection of adjacent property. As the parking area is established, the Planning Commission may determine that the existing traffic flow with no significant proposed changes meets this standard, subject to the requirement for a bike rack.

1615 Lighting and Screening Requirements. Specific lighting plans are not included with the application. If any new lighting is proposed, applicant should verify compliance with regulations and provide location on plans.

Summary: The Applicant is asking for approval of a Special Use Permit and corresponding site plan, based on an operation that runs up to 7 days per week between the hours of 9 a.m. to 9 p.m. Should the Planning Commission choose to recommend approval of the Special Use, any suggested conditions of approval should be reflected in the minutes. The above memo includes my findings of fact for the Standards of Approval. I am attaching a blank Findings of Fact worksheet for you. It is my hope you will consider these standards individually prior to the meeting and discuss at that time. If the Planning Commission as a whole determines that the proposed use meets the Standards for Special Use, recommendation along with any conditions noted for approval is indicated. If the Standards are not met, then recommendation for denial is indicated. Alternatively, if there is information missing that is vital to a proper findings of fact and resulting decision, a motion to postpone any decision until such time sufficient evidence has been submitted. In any situation, a completed Findings of Fact by the PC as a whole should accompany any recommendation to the City Council who has final authority to approve this expansion of the existing Special Use Permit. It is my opinion that the applicant has submitted, for the most part, sufficient evidence to provide the Planning Commission evidence that supports a recommendation of approval to Council of the Special Use, and approval of the site plan, subject to the following conditions:

• Site Plan Amendments to include the following, to be accepted, reviewed and verified by staff: o Dumpster screening with lockable gating and protective bollards o Bike rack location o Lighting Plan if any changes are proposed o Detailed landscaping plan if any changes are proposed

• Signage to meet standards of 17033.8 prior to installation or display.

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• Review/approval of odor control standards in section 17033.10 by mechanical inspector/building official prior to issuance of permits/commencement of operation. • All display of product and paraphernalia must not be clearly visible from the outside of the building per section 17033.12.d herein. • No commencement of operation until final approvals granted by City Clerk and LARA. • Waste disposal plan confirming there will be no outside storage of product or waste containing marijuana overnight. • Hours of operation and shipping/receiving not to exceed ordinance requirements

Conclusion: I hope the information provided is helpful to you as you consider this Special Use Permit request and corresponding site plan review. If you have any questions or concerns, please do not hesitate to contact me and I will assist in any way that I am able. You may reach me by phone at either (616) 877-2000 Ext. 213 or email at [email protected].

Sincerely,

Lori Castello Zoning Administrator

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Figure 1: Google Street View of immediate vicinity.

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CITY OF ALLEGAN PLANNING COMMISSION FINDINGS OF FACT- ADULT USE MARIJUANA RETAIL SALES FACILITY Section 1707.33. Marijuana Businesses. (Only Special Use and Site Plan conditions and criteria are included. Refer to Ordinance for entire language). B. Regulations and Conditions. Marijuana businesses are permitted as special uses in the zoning districts indicated in the Table of Uses in Section 402.01 subject to the following regulations and conditions: 1. Marijuana businesses must comply with the MMMFLA, the MRTMA, and any applicable rules promulgated under either statute. The proposed use____ Complies ____ Does Not Comply. Reasons:______

2. Co-located marijuana businesses and stacked grower licenses may be permitted, subject to the regulations in this section, the Table of Uses in Section 402.01, and any applicable rules promulgated by LARA. The proposed use____ Complies ____ Does Not Comply. Reasons:______3. No marijuana business may operate without first obtaining final authorization for each state operating license from the City Clerk pursuant to Chapter 31 of the City Code. The proposed use____ Complies ____ Does Not Comply. Reasons:______4. Marijuana businesses (including both the building and the surrounding site) shall be sufficiently designed in a manner to minimize light spillage, odor, and noise (including noise associated with truck traffic or other machinery), affecting adjacent properties. The proposed use____ Complies ____ Does Not Comply. Reasons:______5. Special use applicants must provide a plan for the storage and disposal of marijuana or chemicals associated with marijuana cultivation, so as to minimize the risk of theft or harm resulting from chemical exposure. At no time should byproducts be deposited into the ground. The proposed use____ Complies ____ Does Not Comply. Reasons:______6. No marijuana may be stored overnight outside of an enclosed building. By way of example and without limitation, it is unlawful to store marijuana overnight in an outdoor waste bin. The proposed use____ Complies ____ Does Not Comply. Reasons:______7. The outdoor storage of trash or rubbish shall be appropriately screened. The proposed use____ Complies ____ Does Not Comply. Reasons:______11

8. Signage for marijuana businesses will be approved pursuant to the generally applicable procedures and standards provided in Chapter 23 of the City Code, with the following additional restrictions: a. A marijuana business may display no more than two separate signs. Flyers, window decals, or other objects visible from and facing toward the exterior of the building are considered signs for the purposes of this section. b. Signs must be affixed to the building on the premises and are subject to the dimensional regulations for the underlying zoning district. c. Signage text shall be limited to identifying the licensee’s business or trade name, stating the location of the business, and identifying the nature of the business. For purposes of this section: i. Stating the location of the business may include information such as the physical address or location, directional information, website address, email address or phone number of the licensed business. ii. Identifying the nature of the business may include information related to the operation of the business, what the business is engaged in, or the goods the business offers for sale. d. Signs shall not contain depictions of marijuana plants or marijuana products. For purposes of this section: i. a depiction of a marijuana plant means an image or visual representation of a cannabis leaf, plan, or the likeness thereof that suggests or represents a cannabis leaf or plant. ii. A depiction of a marijuana product means an image or visual representation of usable marijuana, marijuana-infused products, or marijuana concentrates, or an image that indicates the presence of a product such as smoke, etc. e. Signs shall not contain images or text designed to appeal to persons under legal age to consume marijuana. By way of example but not of limitation, signs shall not include cartoon characters, images of youthful persons, or slang terminology for marijuana that may be designed to appeal to minors (e.g. “weed” or “kush”). The proposed use____ Complies ____ Does Not Comply. Reasons:______

9. (N/A- cultivation/processing standards). 10. (Summarized for document length). Marijuana businesses must control and eliminate odor via installation of air scrubbing technology and establishing and maintaining negative air pressure. Doors and windows must remain closed at all times except for minimum time to allow for ingress and egress. The proposed use____ Complies ____ Does Not Comply. Reasons:______

11. (N/A- cultivation/processing standards).

12. For provisioning centers, retailers, and microbusinesses: a. Provisioning centers, retailers and microbusinesses may not be open to customers between the hours of 9:00 p.m. and 9:00 a.m.

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b. Provisioning centers, retailers and microbusinesses may not receive deliveries between the hours of 8:00 p.m. and 7:00 a.m. c. The exterior appearance of a provisioning center, retailer or microbusiness must be compatible with the surrounding businesses with respect to façade type, ground floor opacity, size and placement of signage, site layout, etc. d. the interior of the building must be arranged in a way such that neither marijuana, marijuana infused products, nor paraphernalia are visible from the exterior of the building. e. The lot on which a provisioning center, retailer or microbusiness is located must be at least 1,000 feet from a lot that, as of the date of the applicant’s special use application, contains: i. A public or private school providing education in kindergarten or any grade 1-12; or ii. A facility owned by Allegan Public Schools that is used (or planned for use) to provide childcare or educational services to children under 12 years of age. The 1,000 feet buffer shall be computed by measuring a straight line from the nearest property line on the lot used as described in subsections (i) and (ii) above to the nearest property line of the lot used as a provisioning center, retailer or microbusiness. This buffering requirement modifies and supersedes the default requirements in Section 9 of the MRTMA. f. The lot on which a provisioning center, retailer, or microbusiness is located must be at least 1,000 feet from another lot that contains any of those three business types. If at any time the City has two pending applications that, if granted, would result in a violation of this subsection, the priority of those applications shall be determined as provided in Chapter 31 of the City Code. The proposed use____ Complies ____ Does Not Comply. Reasons:______

Section 1801.01 Standards for consideration of Special Uses (In General) The review of a special use shall consider the following: A. The general safety, health and welfare of the community at large, this shall include: 1. Accessibility of the property in question to fire and police protection. The proposed use____ Complies ____ Does Not Comply. Reasons:______2. Traffic conditions creating or adding to a hazardous situation. The proposed use____ Complies ____ Does Not Comply. Reasons:______3. Transportation design requirements if any, which will be needed to accommodate any traffic impact for the use intended; and The proposed use____ Complies ____ Does Not Comply. Reasons:______

4. Appropriateness of the location, nature and height of the proposed use to the size, type, and kind of buildings, uses, and structures in the vicinity and adjacent properties, including the safety and convenience of people therefrom. The proposed use____ Complies ____ Does Not Comply.

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Reasons:______

B. Any potential decrease in the market value of adjacent buildings, uses and structures which are permitted by right under current zoning if the proposed use is granted; The proposed use____ Complies ____ Does Not Comply. Reasons:______

C. Harmony with the Comprehensive Planning Program of the City of Allegan. This considers whether the location and size of the proposed use, the nature and intensity of the activities involved, the size of the site with respect to existing and future streets (giving access to it), parks and drainage systems will be in harmony with the Comprehensive plan of the City of Allegan and the character of land use which is intended by said city Plan for the area or district in question; The proposed use____ Complies ____ Does Not Comply. Reasons:______

D. Impact from the applicant’s proposed use, its location and intensity and the height of its buildings, walls, fences and other structures upon the appropriate character of development intended for the area as deemed desirable by the City of Allegan Comprehensive Plan; The proposed use____ Complies ____ Does Not Comply. Reasons:______

E. Any hazards arising from storage and use of flammable fluids; and The proposed use____ Complies ____ Does Not Comply. Reasons:______

F. That the operations in connection with any special use shall not be environmentally objectionable to nearby properties by reason of noise, fumes, pollution, vibration, or lights to an extent which is more that would be the operations of any use permitted by right for that district wherein the special use is proposed. The proposed use____ Complies ____ Does Not Comply. Reasons:______

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Based on the above Findings of Fact, the Planning Commission recommends to City Council in regards to the Special Use Permit:

___ Approval ____ As Presented

____ With the Following Conditions: ______

______

______

______

______

___ Denial

Planning Commission Chair Signature:______Date:______

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MEMORANDUM

TO: City of Allegan Planning Commission DRAFT FOR APPLICANT REVIEW

FROM: Lori Castello, Zoning Administrator

DATE: April 15, 2021

RE: Edenz LLC- Special Use Permit/Site Plan Review

The Planning Commission is scheduled to hear a request from Edenz, LLC for a Special Use Permit and Site Plan Review to convert an existing building for use as a medical marijuana provisioning center and adult use marijuana retail establishment.

Property Information This property is located at 133 Marshall Street, Allegan, MI, also known as Permanent Parcel Number 03-51- 305-168-00. Currently this property is Zoned C-2 General Commercial District. The property consists of approximately .58 acre of land area. The site is currently occupied by a former laundromat.

Information provided by Applicant The applicant has completed the application for Special Use Permit and provided site plans of the proposed use.

Section 1707.33. Marijuana Businesses. (Only Special Use and Site Plan conditions and criteria are included. Refer to Ordinance for entire language). B. Regulations and Conditions. Marijuana businesses are permitted as special uses in the zoning districts indicated in the Table of Uses in Section 402.01 (C-2 is included) subject to the following regulations and conditions: 1. Marijuana businesses must comply with the MMMFLA, the MRTMA, and any applicable rules promulgated under either statute. The Planning Commission may find that the applicant has applied for and been granted prequalification by LARA subject to state requirements within the MMFLA and MRTMA. Final approvals shall not be granted until local approval is granted and submitted to the State of Michigan. 2. Co-located marijuana businesses and stacked grower licenses may be permitted, subject to the regulations in this section, the Table of Uses in Section 402.01, and any applicable rules promulgated by LARA. The application at hand is for two licenses: one as a medical use dispensary and the other for an adult use retail center. The two uses are identical from a land-use standpoint; however variations in operation from handling of merchandise and transaction require the two separate licenses by the State. 3. No marijuana business may operate without first obtaining final authorization for each state operating license from the City Clerk pursuant to Chapter 31 of the City Code. No operation has commenced. The Planning Commission may choose to include this as a specific condition of approval in its recommendation to Council.

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4. Marijuana businesses (including both the building and the surrounding site) shall be sufficiently designed in a manner to minimize light spillage, odor, and noise (including noise associated with truck traffic or other machinery), affecting adjacent properties. The Site will host a medical dispensary and adult-use retailer; the daily operations will be similar in nature to other retail operations in the amount and intensity of noise, light, sound, vibration, and traffic. The building’s HVAC system will be required to contain carbon filters to deodorize air as it circulates within and out of the buildings. The Planning Commission may find this standard has been met.

5. Special use applicants must provide a plan for the storage and disposal of marijuana or chemicals associated with marijuana cultivation, so as to minimize the risk of theft or harm resulting from chemical exposure. At no time should byproducts be deposited into the ground. The applicant has provided a plan for delivery, storage and disposal of marijuana products that includes keeping any waste within the building’s vault for secured waste transport, which shall be separate from normal refuse that is deposited into the dumpster.

6. No marijuana may be stored overnight outside of an enclosed building. By way of example and without limitation, it is unlawful to store marijuana overnight in an outdoor waste bin. All product will be required to be delivered within the standards of this ordinance directly into the facility. The Planning Commission may choose to reiterate this standard as a condition of approval.

7. The outdoor storage of trash or rubbish shall be appropriately screened. The site plan denotes the location of the proposed dumpster screened by a 6’ tall masonry enclosure and lockable gating on the NE corner of the property. The Planning Commission may find this standard has been met.

8. Signage for marijuana businesses will be approved pursuant to the generally applicable procedures and standards provided in Chapter 23 of the City Code, with the following additional restrictions: a. A marijuana business may display no more than two separate signs. Flyers, window decals, or other objects visible from and facing toward the exterior of the building are considered signs for the purposes of this section. b. Signs must be affixed to the building on the premises and are subject to the dimensional regulations for the underlying zoning district. c. Signage text shall be limited to identifying the licensee’s business or trade name, stating the location of the business, and identifying the nature of the business. For purposes of this section: i. Stating the location of the business may include information such as the physical address or location, directional information, website address, email address or phone nuber of the licensed business. ii. Identifying the nature of the business may include information related to the operation of the business, what the business is engaged in, or the goods the business offers for sale. d. Signs shall not contain depictions of marijuana plants or marijuana products. For purposes of this section: i. a depiction of a marijuana plant means an image or visual representation of a cannabis leaf, plan, or the likeness thereof that suggests or represents a cannabis leaf or plant. ii. A depiction of a marijuana product means an image or visual representation of usable marijuana, marijuana-infused products, or marijuana concentrates, or an image that indicates the presence of a product such as smoke, etc.

e. Signs shall not contain images or text designed to appeal to persons under legal age to consume marijuana. By way of example but not of limitation, signs shall not include cartoon characters, images of youthful persons, or slang terminology for marijuana that may be designed to appeal to minors (e.g. “weed” or “kush”). The applicant has submitted for signage permits; the only word is the company name with no logos. The Planning Commission may find this standard is met.

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9. (N/A- cultivation/processing standards). The Planning Commission may find this Standard does not apply to retail centers.

10. (Summarized for document length). Marijuana businesses must control and eliminate odor via installation of air scrubbing technology and establishing and maintaining negative air pressure. Doors and windows must remain closed at all times except for minimum time to allow for ingress and egress. The Planning Commission may find that the plan indicates the existing vestibule will be removed. Final review of plans by mechanical inspector and building official have confirmed these standards are met prior to issuance of alteration permits or commencement of operation. The Planning Commission may reiterate this standard as a condition of approval.

11. For growers and excess growers: The Planning Commission may find this Standard does not apply to retail centers.

12. For provisioning centers, retailers, and microbusinesses: a. Provisioning centers, retailers and microbusinesses may not be open to customers between the hours of 9:00 p.m. and 9:00 a.m. The Planning Commission may reiterate this standard as a condition of approval. b. Provisioning centers, retailers and microbusinesses may not receive deliveries between the hours of 8:00 p.m. and 7:00 a.m. The Planning Commission may reiterate this standard as a condition of approval. c. The exterior appearance of a provisioning center, retailer or microbusiness must be compatible with the surrounding businesses with respect to façade type, ground floor opacity, size and placement of signage, site layout, etc. The proposed use will involve alteration of an existing building. An elevation sketch and a photo of the existing building has been presented for your review. The surrounding area consists of a commercial corridor, with the proposed use located between a convenience store and a bank. A google street view map can be found in Figure 1 on page 8 of this report. The Planning Commission may find that this standard has been met in that the established character of the building or surroundings will not be essentially altered from present condition, with the exception of an updated façade to be placed on the existing building.

d. the interior of the building must be arranged in a way such that neither marijuana, marijuana infused products, nor paraphernalia are visible from the exterior of the building. The Planning Commission may reiterate this standard as a condition of approval.

e. The lot on which a provisioning center, retailer or microbusiness is located must be at least 1,000 feet from a lot that, as of the date of the applicant’s special use application, contains: i. A public or private school providing education in kindergarten or any grade 1-12; or ii. A facility owned by Allegan Public Schools that is used (or planned for use) to provide childcare or educational services to children under 12 years of age. The 1,000 feet buffer shall be computed by measuring a straight line from the nearest property line on the lot used as described in subsections (i) and (ii) above to the nearest property line of the lot used as a provisioning center, retailer or microbusiness. This buffering requirement modifies and supersedes the default requirements in Section 9 of the MRTMA. No properties are owned by Allegan Public Schools or any public or private K-12 school system within this buffer zone. The Planning Commission may find that this standard has been met. f. The lot on which a provisioning center, retailer, or microbusiness is located must be at least 1,000 feet from another lot that contains any of those three business types. If at any time the City has two pending applications that, if granted, would result in a violation of this subsection, the priority of those applications shall be determined as provided in Chapter 31 of the City Code. This is the second application to come before the Planning Commission. There are additional potential applicants who have received preliminary approval from the City Clerk for marijuana business operation,

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however those are located outside of the required buffer. The Planning Commission may find that this standard has been met.

Section 1801.01 Standards for consideration of Special Uses (General) The review of a special use shall consider the following: A. The general safety, health and welfare of the community at large, this shall include: 1. Accessibility of the property in question to fire and police protection. The proposed use lies within an existing structure on a main thoroughfare. The Planning Commission may find that this standard has been met. 2. Traffic conditions creating or adding to a hazardous situation. The applicant has been working with and has been granted approval from MDOT for the entrance as shown. The Planning Commission may find that this standard has been met. 3. Transportation design requirements if any, which will be needed to accommodate any traffic impact for the use intended; and See above comments. The Planning Commission may find that this standard has been met. 4. Appropriateness of the location, nature and height of the proposed use to the size, type, and kind of buildings, uses, and structures in the vicinity and adjacent properties, including the safety and convenience of people therefrom. Section 1707.33 (above) permits medical provisioning centers and adult-use marijuana retail establishments provided all the standards therein are met. The Planning Commission may find that, with appropriate conditions as suggested in the summary, this standard has been met. B. Any potential decrease in the market value of adjacent buildings, uses and structures which are permitted by right under current zoning if the proposed use is granted; There is no data to suggest that market value would be affected by the establishment of this use; however the proposed exterior improvements, however minor, may provide a positive effect on area aesthetics. The Planning Commission may find this standard has been met. C. Harmony with the Comprehensive Planning Program of the City of Allegan. This considers whether the location and size of the proposed use, the nature and intensity of the activities involved, the size of the site with respect to existing and future streets (giving access to it), parks and drainage systems will be in harmony with the Comprehensive plan of the City of Allegan and the character of land use which is intended by said city Plan for the area or district in question; By making use of an existing building that supports retail sales, the proposed accessory use meets the goals of the Master Plan. The Planning Commission may find this standard has been met. D. Impact from the applicant’s proposed use, its location and intensity and the height of its buildings, walls, fences and other structures upon the appropriate character of development intended for the area as deemed desirable by the City of Allegan Comprehensive Plan; No exterior changes are proposed other than a ‘freshening up’ of the existing façade and minor repairs to the building. The Planning Commission may find this standard has been met. E. Any hazards arising from storage and use of flammable fluids; and No storage or use of flammable fluids is proposed. The Planning Commission may find this standard has been met. F. That the operations in connection with any special use shall not be environmentally objectionable to nearby properties by reason of noise, fumes, pollution, vibration, or lights to an extent which is more that would be the operations of any use permitted by right for that district wherein the special use is proposed. The proposed operation shall take place within a completely enclosed structure and meets the criteria of 1707.33.B.10 which addresses these same concerns.

Section 1800.01.E. Review Criteria: 1. The proposed site plan is in accordance with the comprehensive master plan, the Ordinance and other development policies of the city. The property is currently zoned C-2 General Commercial. The use of the property for a medical provisioning center and adult use marijuana retailer is permitted by Special Use subject to the standards discussed herein. The Planning Commission may find this standard has been met.

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2. The site plan is designed to be consistent with the intent and planning criteria of the Zoning District and will not adversely impact the intent and planning criteria of any adjacent Zoning Districts. This property is surrounded by C-2 zoning. The Planning Commission may find this standard has been met.

3. The site is served by essential public facilities, such as vehicular and pedestrian access, open space and services such as emergency services and utilities and these public facilities and services have sufficient capacity to the site. This site is served by state highway M-89 for vehicular access and is served by public water, sanitary sewer and storm sewer. MDOT, Fire chief and DPW input have verified access and facility capacity are sufficient. The Planning Commission may find this standard has been met.

4. The site plan is designed with regard to preserving Allegan’s unique topography and environment, including areas of steep slope, riverbanks and existing vegetation, in conformance with all other regulations. The lot coverage and landscaping/buffering is within the City’s standards for the area that is shown. The existing foliage that currently buffers the building will be left in place to allow continued stability of the riverbank. The Planning Commission may find this standard has been met.

Section 1002: Yard Requirements within the C-2 Zoning District: A. Front Yards: 1. Front yard. Every front yard shall have a landscaped planting strip of a minimum five (5) feet in width running the length of the front lot line interrupted only by access driveways. The proposed site plan indicates a five feet wide green belt with two trees in the front of the parcel. The Planning Commission may find this standard is met.

2. In addition, and behind the planting strip, the front yard shall conform to the building line or lines as established from time to time by ordinance for building setback lines, but in no case shall the setback be less than thirty-five (35) feet. The existing building is proposed to remain in its current location, approximately 62.5 feet from the front lot line. The Planning Commission may find this standard is met. 3. Whenever a building is set back in excess of the requirements of this subsection, the front yard shall not be occupied by any structure except for a sign permitted by the sign ordinance, however not more than eighty (80) percent of the excess area excluding the planting strip of such front yard shall be used for off-street parking. The remaining twenty (20) percent shall be landscaped to complement the parking area. The site plan indicates that the front yard area is proposed to be entirely consumed by parking and maneuvering lanes. Due to the limited size of the lot, and as this is re-using an existing lot and building, the Planning Commission may find that this standard should not be required per application of the ‘lawful nonconforming status’ of the parking area.

4. If the lot is a through lot… This section does not apply as this is not a through-lot.

B. Rear yard: There shall be a minimum rear yard of at least one and one-half (1.5) feet in the least dimension for each one (1) foot of building height, but not less than fifteen (15) feet. The ten (10) feet of the rear yard adjacent to the rear lot line shall be a landscaped planting area. The existing building is roughly sixteen (16) feet tall and lies approximately 67 feet from the rear lot line. The existing parking area will be restriped, with the existing mature trees to remain in place. At the northwest corner, there is roughly 7 feet of landscaped area, however as the parcel is an odd shape, the average landscape belt is well over the 10’ minimum. Again, the lawful nonconforming status of

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the existing parking area allows the Planning Commission to determine that this standard is satisfied.

C. Side yards

1. There shall be a minimum side yard of ten (10) feet in width on each side of the lot. These side yards shall be landscaped planting areas. The site as developed has a parking area/travel lane abutting the northwest property line with no landscaped planting areas. To the southwest, the front corner of the building comes right within a foot of the property line. The Planning Commission may find that as the building and parking area are both existing, and again the lawful nonconforming protections do not apply in this situation.

2. Wherever a side yard faces an existing or proposed street dedication…This standard does not apply.

3. For buildings which are not of the fire resistive construction as defined in the building and construction codes of the city, a side yard shall be provided equal to one (1) foot in least dimension for each one (1) foot height of the structure, but not less than the ten (10) feet prescribed in A. above. This standard will be reviewed and any additional fire resistive protections will be required by the Building Official. The Planning Commission may reiterate this as a condition of approval, as the front corner of the building comes within ten feet of the southeast lot line.

Section 1003: Height Requirement: In the C-2 district no structure or premises shall exceed fifty (50) feet in height. The existing structure is approximately sixteen (16) feet high, well within the requirements of this section. 1612: Required off-street parking and loading facilities A. Schedule of spaces required.

1. For retail stores, 3.0 spaces for each 1,000 square feet of gross leasable area. The existing building has approximately 4,250 square feet. The required parking spaces to accommodate this use is 13. The proposal includes resurfacing and re-striping the existing parking which is approximately 25 spaces, two of which are ADA.

C. Parking area maintenance and striping. Parking areas shall be maintained in good condition at all times…. The applicant has proposed resurfacing and re-striping of parking area as needed. The Planning Commission may choose to require this as a condition of approval to find this standard has been met.

D. Parking Space Dimensions. The proposed parking spaces are indicated to be 18 feet long and 9 feet wide, with maneuvering lanes of approximately 23 feet wide on average. The Planning Commission may this standard has been met.

H. Location of Off-Street parking: 2 . For Commercial and all nonresidential uses in commercial zoned, required parking shall be provided within three hundred (300) feet. The parking area as presented meets this requirement.

J. Parking areas in commercial and industrial districts. Every parcel of land hereafter established as a public or private parking area in any commercial or industrial district or hereafter enlarged or altered shall be developed and maintained in an accordance with the following requirements: 1. Off-street parking areas shall be effectively screened on any side which adjoins or faces premises situation in any residential zoning district by a screening of evergreen hedge or other natural landscaping. Screening provisions in Section 1615 shall control… This property does not adjoin any residential zoning district. 6

2. Stormwater and Lighting: Every such off-street parking area shall be surfaced with asphalt or concrete, and shall be graded and drained to dispose of all surface water to the nearest adjoining street and away from adjoining properties. Parking areas for more than ten (10) vehicles shall include provisions for Low Impact Design stormwater runoff reduction and pollution prevention- See “Development Standards for Stormwater Management” Allegan County Drain Office www.allegancounty.org. Any lighting in connection with off-street parking shall be so arranged as to reflect the light away from all adjoining residential buildings zones and streets. Lighting provisions of Section 1615 shall control. See comments with Section 1615 for lighting. The applicant has submitted a storm water retention plan which has been reviewed and approved by both the City of Allegan Department of Public Works and Allegan County Drain Commissioner, in compliance with Section 1800.01.H.1.c. 3. Non-motorized access. Parking areas for more than ten vehicles shall provide bicycle parking or storage areas and where applicable to allow for connectivity to established non-motorized paths. Applicant has amended the original plan to include a bike rack. The Planning Commission may find this standard has been met. 4. The off-street parking area shall be subject to the approval of the Planning Commission to insure its adequacy in relation to traffic safety, lighting and protection of adjacent property. The parking flow has been reviewed by MDOT, DPW, Zoning Administrator and Fire Chief, who are in agreement than the plan for the reuse of the existing lot meets requirements. The Planning Commission may find this standard has been met.

1615 Lighting and Screening Requirements. Specific lighting plans are not included with the application. If any new lighting is proposed, applicant should verify compliance with regulations and provide location on plans.

Summary: The Applicant is asking for approval of a Special Use Permit and corresponding site plan, based on an operation that runs up to 7 days per week between the hours of 9 a.m. to 9 p.m. Should the Planning Commission choose to recommend approval of the Special Use, any suggested conditions of approval should be reflected in the minutes. The above memo includes my findings of fact for the Standards of Approval. I am attaching a blank Findings of Fact worksheet for you. It is my hope you will consider these standards individually prior to the meeting and discuss at that time. If the Planning Commission as a whole determines that the proposed use meets the Standards for Special Use, recommendation along with any conditions noted for approval is indicated. If the Standards are not met, then recommendation for denial is indicated. Alternatively, if there is information missing that is vital to a proper findings of fact and resulting decision, a motion to postpone any decision until such time sufficient evidence has been submitted. In any situation, a completed Findings of Fact by the PC as a whole should accompany any recommendation to the City Council who has final authority to approve this expansion of the existing Special Use Permit. It is my opinion that the applicant has submitted, for the most part, sufficient evidence to provide the Planning Commission evidence that supports a recommendation of approval to Council of the Special Use, and approval of the site plan, subject to the following conditions:

• Signage to meet standards of 17033.8 prior to installation or display. • All display of product and paraphernalia must not be clearly visible from the outside of the building per section 17033.12.d herein. • No commencement of operation until final approvals granted by City Clerk and LARA. • No outside storage of product or waste containing marijuana overnight. • Hours of operation and shipping/receiving shall be within the parameters of City Ordinance.

Conclusion: I hope the information provided is helpful to you as you consider this Special Use Permit request and corresponding site plan review. If you have any questions or concerns, please do not hesitate to contact me

7 and I will assist in any way that I am able. You may reach me by phone at either (616) 877-2000 Ext. 213 or email at [email protected].

Sincerely,

Lori Castello Zoning Administrator

Figure 1: Google Street View of immediate vicinity.

Figure 2: Proposed elevation sketch:

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CITY OF ALLEGAN PLANNING COMMISSION FINDINGS OF FACT- ADULT USE MARIJUANA RETAIL SALES FACILITY Section 1707.33. Marijuana Businesses. (Only Special Use and Site Plan conditions and criteria are included. Refer to Ordinance for entire language). B. Regulations and Conditions. Marijuana businesses are permitted as special uses in the zoning districts indicated in the Table of Uses in Section 402.01 subject to the following regulations and conditions: 1. Marijuana businesses must comply with the MMMFLA, the MRTMA, and any applicable rules promulgated under either statute. The proposed use____ Complies ____ Does Not Comply. Reasons:______

2. Co-located marijuana businesses and stacked grower licenses may be permitted, subject to the regulations in this section, the Table of Uses in Section 402.01, and any applicable rules promulgated by LARA. The proposed use____ Complies ____ Does Not Comply. Reasons:______3. No marijuana business may operate without first obtaining final authorization for each state operating license from the City Clerk pursuant to Chapter 31 of the City Code. The proposed use____ Complies ____ Does Not Comply. Reasons:______4. Marijuana businesses (including both the building and the surrounding site) shall be sufficiently designed in a manner to minimize light spillage, odor, and noise (including noise associated with truck traffic or other machinery), affecting adjacent properties. The proposed use____ Complies ____ Does Not Comply. Reasons:______5. Special use applicants must provide a plan for the storage and disposal of marijuana or chemicals associated with marijuana cultivation, so as to minimize the risk of theft or harm resulting from chemical exposure. At no time should byproducts be deposited into the ground. The proposed use____ Complies ____ Does Not Comply. Reasons:______6. No marijuana may be stored overnight outside of an enclosed building. By way of example and without limitation, it is unlawful to store marijuana overnight in an outdoor waste bin. The proposed use____ Complies ____ Does Not Comply. Reasons:______7. The outdoor storage of trash or rubbish shall be appropriately screened. The proposed use____ Complies ____ Does Not Comply. Reasons:______

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8. Signage for marijuana businesses will be approved pursuant to the generally applicable procedures and standards provided in Chapter 23 of the City Code, with the following additional restrictions: a. A marijuana business may display no more than two separate signs. Flyers, window decals, or other objects visible from and facing toward the exterior of the building are considered signs for the purposes of this section. b. Signs must be affixed to the building on the premises and are subject to the dimensional regulations for the underlying zoning district. c. Signage text shall be limited to identifying the licensee’s business or trade name, stating the location of the business, and identifying the nature of the business. For purposes of this section: i. Stating the location of the business may include information such as the physical address or location, directional information, website address, email address or phone number of the licensed business. ii. Identifying the nature of the business may include information related to the operation of the business, what the business is engaged in, or the goods the business offers for sale. d. Signs shall not contain depictions of marijuana plants or marijuana products. For purposes of this section: i. a depiction of a marijuana plant means an image or visual representation of a cannabis leaf, plan, or the likeness thereof that suggests or represents a cannabis leaf or plant. ii. A depiction of a marijuana product means an image or visual representation of usable marijuana, marijuana-infused products, or marijuana concentrates, or an image that indicates the presence of a product such as smoke, etc. e. Signs shall not contain images or text designed to appeal to persons under legal age to consume marijuana. By way of example but not of limitation, signs shall not include cartoon characters, images of youthful persons, or slang terminology for marijuana that may be designed to appeal to minors (e.g. “weed” or “kush”). The proposed use____ Complies ____ Does Not Comply. Reasons:______

9. (N/A- cultivation/processing standards). 10. (Summarized for document length). Marijuana businesses must control and eliminate odor via installation of air scrubbing technology and establishing and maintaining negative air pressure. Doors and windows must remain closed at all times except for minimum time to allow for ingress and egress. The proposed use____ Complies ____ Does Not Comply. Reasons:______

11. (N/A- cultivation/processing standards).

12. For provisioning centers, retailers, and microbusinesses: a. Provisioning centers, retailers and microbusinesses may not be open to customers between the hours of 9:00 p.m. and 9:00 a.m. b. Provisioning centers, retailers and microbusinesses may not receive deliveries between the hours of 8:00 p.m. and 7:00 a.m. 10

c. The exterior appearance of a provisioning center, retailer or microbusiness must be compatible with the surrounding businesses with respect to façade type, ground floor opacity, size and placement of signage, site layout, etc. d. the interior of the building must be arranged in a way such that neither marijuana, marijuana infused products, nor paraphernalia are visible from the exterior of the building. e. The lot on which a provisioning center, retailer or microbusiness is located must be at least 1,000 feet from a lot that, as of the date of the applicant’s special use application, contains: i. A public or private school providing education in kindergarten or any grade 1-12; or ii. A facility owned by Allegan Public Schools that is used (or planned for use) to provide childcare or educational services to children under 12 years of age. The 1,000 feet buffer shall be computed by measuring a straight line from the nearest property line on the lot used as described in subsections (i) and (ii) above to the nearest property line of the lot used as a provisioning center, retailer or microbusiness. This buffering requirement modifies and supersedes the default requirements in Section 9 of the MRTMA. f. The lot on which a provisioning center, retailer, or microbusiness is located must be at least 1,000 feet from another lot that contains any of those three business types. If at any time the City has two pending applications that, if granted, would result in a violation of this subsection, the priority of those applications shall be determined as provided in Chapter 31 of the City Code. The proposed use____ Complies ____ Does Not Comply. Reasons:______

Section 1801.01 Standards for consideration of Special Uses (In General) The review of a special use shall consider the following: A. The general safety, health and welfare of the community at large, this shall include: 1. Accessibility of the property in question to fire and police protection. The proposed use____ Complies ____ Does Not Comply. Reasons:______2. Traffic conditions creating or adding to a hazardous situation. The proposed use____ Complies ____ Does Not Comply. Reasons:______3. Transportation design requirements if any, which will be needed to accommodate any traffic impact for the use intended; and The proposed use____ Complies ____ Does Not Comply. Reasons:______

4. Appropriateness of the location, nature and height of the proposed use to the size, type, and kind of buildings, uses, and structures in the vicinity and adjacent properties, including the safety and convenience of people therefrom. The proposed use____ Complies ____ Does Not Comply. Reasons:______

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B. Any potential decrease in the market value of adjacent buildings, uses and structures which are permitted by right under current zoning if the proposed use is granted; The proposed use____ Complies ____ Does Not Comply. Reasons:______

C. Harmony with the Comprehensive Planning Program of the City of Allegan. This considers whether the location and size of the proposed use, the nature and intensity of the activities involved, the size of the site with respect to existing and future streets (giving access to it), parks and drainage systems will be in harmony with the Comprehensive plan of the City of Allegan and the character of land use which is intended by said city Plan for the area or district in question; The proposed use____ Complies ____ Does Not Comply. Reasons:______

D. Impact from the applicant’s proposed use, its location and intensity and the height of its buildings, walls, fences and other structures upon the appropriate character of development intended for the area as deemed desirable by the City of Allegan Comprehensive Plan; The proposed use____ Complies ____ Does Not Comply. Reasons:______

E. Any hazards arising from storage and use of flammable fluids; and The proposed use____ Complies ____ Does Not Comply. Reasons:______

F. That the operations in connection with any special use shall not be environmentally objectionable to nearby properties by reason of noise, fumes, pollution, vibration, or lights to an extent which is more that would be the operations of any use permitted by right for that district wherein the special use is proposed. The proposed use____ Complies ____ Does Not Comply. Reasons:______

12

Based on the above Findings of Fact, the Planning Commission recommends to City Council in regards to the Special Use Permit:

___ Approval ____ As Presented

____ With the Following Conditions: ______

______

______

______

______

___ Denial

Planning Commission Chair Signature:______Date:______

13

Date

3/3/21 2/9/21 2/22/21 3/16/21

Allegan MI. 49010 MI. Allegan

133 Marshall St. Marshall 133

Description General Notes General TIMBER CANNABIS CO CANNABIS TIMBER 2084D 8-11-20 3/16/21 As indicated TR - THESE DRAWINGS AND SPECIFICATIONS ARE THE DRAWINGSTHESE AND SPECIFICATIONS REPRODUCTIONS OF THESE DRAWINGS OF THESE REPRODUCTIONS ARE STRICTLY

32- Issued Permit Set Site Plan - Issued 1 Layout ByOwner PROPERTY OF DRISCON. ANY USE, DISTRIBUTION AND/OR ANY USE, DISTRIBUTION PROPERTY OF DRISCON. R1 MDOT - Revision Address and Name Project No. Scale Rev By: Rev Sheet C101 # Project PROHIBITED WITHOUTPROHIBITED WRITTEN THE OF DRISCON. PERMISSION Drawn By: Drawn Latest Rev Latest Issued Date Issued

18" MIN. 60" SEE DETAIL -

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Date

3/3/21 2/9/21 2/22/21 3/16/21

Allegan MI. 49010 MI. Allegan

133 Marshall St. Marshall 133

Description General Notes General TIMBER CANNABIS CO CANNABIS TIMBER 2084D 8-11-20 3/16/21 As indicated TR - THESE DRAWINGS AND SPECIFICATIONS ARE THE DRAWINGSTHESE AND SPECIFICATIONS REPRODUCTIONS OF THESE DRAWINGS OF THESE REPRODUCTIONS ARE STRICTLY

32- Issued Permit Set Site Plan - Issued 1 Layout ByOwner PROPERTY OF DRISCON. ANY USE, DISTRIBUTION AND/OR ANY USE, DISTRIBUTION PROPERTY OF DRISCON. R1 MDOT - Revision Address and Name Project No. Scale Rev By: Rev Sheet C102 # Project PROHIBITED WITHOUTPROHIBITED WRITTEN THE OF DRISCON. PERMISSION Drawn By: Drawn Latest Rev Latest Issued Date Issued

.0484 .0484 .0610 .0610 .0737 .0737 CONC

CYD / LFT / CYD SEE DETAIL -

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Sanitation Plan/Waste Product Disposal Any inventory that is received and deemed unsafe or unfit for sale will be returned to the manufacturer. Notwithstanding the foregoing, Applicant will dispose of negligible unusable or waste medical marihuana in accordance with the LARA regulations, the MMFLA and applicable local ordinance guidelines to prevent the waste medical marihuana from being possessed or ingested by any person and animal.

• All waste marihuana will be entered into the Statewide Tracking and Monitoring System. • No marihuana waste will be sold. • At no time will marihuana waste be disposed of by on-site burning or by entrance into the sewerage system. • All marihuana waste will be rendered unusable by mixing with one of several lawful over- the-counter products, such as sawdust or cat litter, to render it unusable, unrecognizable, and unpalatable. • After being rendered unusable, all marihuana waste will be placed in a secured receptacle and disposed of at a manned and permitted solid waste landfill, compostable material operations facility, or an in-vessel digester, in compliance with all state and local laws and regulations. • Any hazardous waste will be disposed of pursuant to state law, specifically, part 111 of 1994 PA 451, MCL 324.11101 to 324.11153. • For all flower product staff will ensure to not waste any product, if extra product is left on the scale, they will put it back in the bag of the bulk product. • If they need to throw any cannabis product away it will be put in the designated locked waste bin that resides in the vault • Waste will be disposed of monthly via a secure trash pickup.

Along with prepacked flower that we purchase, we are going to be purchasing bulk flower and breaking it down into sellable quantities. Upon receiving and initial weigh of the bulk flower, we pull a quantity out that will be broken down into 1g and 3.5g units packed into mylar bags that have little to no odor, and set aside the remaining in a mason jar for quicker packing. The rest of the bulk flower is sealed up in an oven bag / turkey bag, then is vacuum sealed to keep the flower as fresh as possible. This storage method also has little to no odor.

MEMORANDUM

TO: City of Allegan Planning Commission FROM: Sarah Perrigo, City Manager Intern RE: City of Allegan Community Input Survey, Results DATE: April 19th, 2021

Overview

As part of the master plan update process, the City of Allegan sent out a survey to community residents in order to gather feedback on various topics of interest related to community wants and needs. The survey was sent via email to community listservs held by the city, as well as published on the city website and social media. Survey respondents had the opportunity to provide feedback regarding their neighborhood, the City of Allegan as a whole, as well as downtown Allegan. While these responses revealed a range of community wants and needs, common themes emerged across the community that should be considered by City of Allegan boards and commissions.

Common themes that emerged in the neighborhood questions included concerns over the quality of streets and sidewalks, and a desire for stricter code enforcement and upkeep of properties. Respondents generally felt safe in their neighborhoods and expressed satisfaction with their neighbors. Overall, 83% of respondents indicated that the quality of their neighborhood was ‘good’ or ‘excellent.’ Another notable finding is that 54% of residents have lived at their current place of residence for less than 10 years. When asked about improvements and development they would like to see in the City of Allegan as a whole, respondents placed a strong emphasis on attracting more retail and restaurant options, as well as improving the appearance of neighborhoods. Respondents expressed a desire to focus on small-retail business and mixed-use development. Additionally, 1/3 of the open-ended responses related to the attraction of more businesses and residents. Survey respondents indicated lower satisfaction levels with the availability of downtown retail opportunities and restaurants than they did downtown events. Again, the open-ended feedback on downtown Allegan revealed support for business attraction and public amenity improvements.

Additionally, respondents who indicated that they lived in a historic home were asked about their experiences with the Allegan Historic District Commission. Respondents indicated some level of difficulty experienced when navigating the HDC, as well as expressed their preferences for home aspects to be regulated. These responses were shared with the Historic District Commission as well.

For full survey responses, please see the figures and descriptions attached to this document.

Survey Respondents

The City of Allegan Community Input Survey received 227 total responses over the course of 5+ weeks. While the survey was anonymous, respondents were asked to indicate the nearest intersection to their home in order to determine what neighborhood they lived in. An image showing these neighborhood distinctions is attached to this document. As shown in the figure below, 32% of respondents reside outside of the City of Allegan, and the neighborhoods producing the most results are the River-Main-Grand Neighborhood (16%) and Downtown Allegan (15%). Some of the neighborhood specific questions have been stratified by the respondents’ neighborhoods.

2

Survey Section 1. Neighborhood Questions

QUESTION #1: How long have you lived at your place of residence?

The first question asked respondents how long they have lived at their current place of residence. Survey respondents could choose between Less Than 1 Year, 1- 5 Years, 6-10 Years, 11-20 Years, and More than 20 Years. The figure to the right shows these answers.

54% of respondents have lived at their current place of residence for less than 10 years, while 26% have lived at their residence for 11-20 years, and 20% have lived at their residence for over 20 years.

QUESTION #2: How would you rate the overall quality of your neighborhood?

The second question asked respondents about the quality of their neighborhood. Survey respondents could choose between Excellent, Good, Fair, Neutral, and Poor. In addition to the community-wide result shown in the figure to the right, response options were coded from 1 to 5, with 1 being Poor and 5 being Excellent, in order to calculate neighborhood satisfaction levels. From these numerical averages, neighborhoods can be ordered by average level of resident satisfaction as shown in the table below.

83% of respondents indicated that the quality of their neighborhood was good or excellent. Neighborhoods receiving the highest average satisfaction level included the Hospital Neighborhood and Outside the City Limits. The neighborhood receiving the lowest average satisfaction level was the River-Main-Grand Neighborhood.

3 Average Neighborhood Satisfaction Levels – Overall Quality Rank Neighborhood Average Satisfaction Level T-1 Hospital Neighborhood 4.36 T-1 Outside City Limits 4.36 3 Eastern Avenue Neighborhood 4.33 4 Ely Neighborhood 4.11 5 Marshall Neighborhood 3.91 6 Delano Neighborhood 3.87 7 Downtown Allegan 3.85 8 River-Main-Grand Neighborhood 3.70

Scale of 1-5; 1 being Poor, 5 being Excellent

QUESTION #3: How satisfied are you with the following neighborhood features?

The third question asked respondents to indicate satisfaction levels with various neighborhood features. Respondents could choose between Satisfied, Neutral, and Not Satisfied for each feature. Response options were coded from 1 to 3, with 1 being Not Satisfied and 3 being Satisfied, in order to calculate average satisfaction levels. The table below illustrates community-wide satisfaction levels with various neighborhood features.

Neighborhood Feature Satisfaction Levels – Community Wide Rank Neighborhood Feature Average Satisfaction Level 1 Law Enforcement 2.66

2 Housing Choices 2.54

3 Environmental Quality 2.49 4 Walkability/Connectivity 2.48 5 Public Utilities Services 2.46 6 Cleanliness 2.44

7 Street Lighting 2.41

8 Parks & Playgrounds 2.31 9 Appearance of Properties 2.20 10 Streets & Sidewalks 2.18

4 Community-wide, survey respondents indicated the highest satisfaction levels with Law Enforcement and Housing Choices, while indicating the lowest satisfaction levels with Appearance of Properties and Streets and Sidewalks. Results were then stratified by neighborhood to reveal neighborhood-level satisfaction levels. The highest-rated and lowest-rated neighborhood features for each neighborhood designation is indicated in the table below.

Neighborhood Feature Satisfaction Levels – By Neighborhood Neighborhood Highest-Rated Feature Lowest-Rated Feature Delano Neighborhood Law Enforcement (Tie) Appearance of Properties Public Utilities Services (Tie)

Ely Neighborhood Law Enforcement Public Utilities Services Hospital Neighborhood Law Enforcement (Tie) Parks & Playground (Tied) Walkability/Connectivity (Tie) Street Lighting (Tied) Streets & Sidewalks (Tied) Marshall Neighborhood Walkability/Connectivity Appearance of Properties Eastern Avenue Neighborhood Street Lighting (Tie) Parks & Playgrounds Walkability/Connectivity (Tie) Downtown Allegan Law Enforcement Appearance of Properties

River-Main-Grand Neighborhood Law Enforcement Streets & Sidewalks Outside City Limits Cleanliness Streets & Sidewalks

QUESTION #4: What do you believe are the two MOST positive features of your neighborhood?

The fourth question asked respondents to indicate what two features in their neighborhood they feel are the most positive. The figure below shows the community-wide responses.

5 Community-wide responses indicate that the most positive neighborhood features include being Close to Downtown, being Safe for Residents, and having Good Neighbors. The table below indicates the two most positive features for each neighborhood, as well as the open-ended ‘Other’ responses.

Most Positive Neighborhood Features – By Neighborhood Neighborhood Most Positive Feature Second-Most Positive Feature Delano Neighborhood Close to Downtown Walkability Ely Neighborhood Safe for Residents Close to Downtown

Hospital Neighborhood Good Neighbors Close to Downtown (Tie) Walkability (Tie) Marshall Neighborhood Close to Downtown Walkability Eastern Avenue Neighborhood Close to Downtown Safe for Residents Downtown Allegan Close to Downtown Walkability

River-Main-Grand Neighborhood Close to Downtown Good Neighbors

Outside City Limits Safe for Residents Good Neighbors Neighborhood ‘Other’ Responses Delano Neighborhood “Dawson elementary” “No traffic” Ely Neighborhood “Old trees, close to the river”

Hospital Neighborhood -

Marshall Neighborhood “Its [sic] zoned RESIDENTIAL.” “Historic asthetic [sic]- BUT is looking pretty shabby. Wish there

were incentives.” Eastern Avenue Neighborhood “Close to work”

Downtown Allegan -

River-Main-Grand Neighborhood “River view” Outside City Limits “On the lake” “I live out in the country, not really a neighborhood. Here for the

seclusion.” “I live in the country, love the peacefulness” “privacy” “Close to lake Allegan” “Quietness” “Quiet” “Open Spaces” “Privacy ftom [sic] neighbors” 6 QUESTION #5: What do you believe are the two MOST negative features of your neighborhood?

The fourth question asked respondents to indicate what two features in their neighborhood they feel are the most negative. The figure below shows the community-wide responses.

Community-wide responses indicate that the most negative neighborhood features include Deteriorating Buildings, Poor Condition of Streets and Sidewalks, and Not Enough Neighbor Interaction. The table below indicates the two most negative features for each neighborhood, as well as the open-ended ‘Other’ responses.

Most Negative Neighborhood Features – By Neighborhood Neighborhood Most Negative Feature Second-Most Negative Feature Delano Neighborhood Not Enough Neighbor Interaction Deteriorating Buildings

Ely Neighborhood Poor Condition of Streets & Deteriorating Buildings (Tie)

Sidewalks Not Enough Neighbor Interaction (Tie)

Hospital Neighborhood Poor Condition of Streets & Deteriorating Buildings (Tie)

Sidewalks Not Enough Neighbor Interaction (Tie)

Marshall Neighborhood Deteriorating Buildings Poor Condition of Streets & Sidewalks

Eastern Avenue Neighborhood Lack of Affordable Housing Lack of Commercial Amenities (Tie)

Not Enough Neighbor Interaction (Tie) 7

Downtown Allegan Deteriorating Buildings Poor Condition of Streets & Sidewalks

River-Main-Grand Neighborhood Poor Condition of Streets & Deteriorating Buildings Sidewalks

Outside City Limits Deteriorating Buildings Poor Condition of Streets & Sidewalks Neighborhood ‘Other’ Responses Delano Neighborhood “Drugs being used and sold” “Last to get leaf pickup and snowplow services” “city and township don't get along” “Lack of code enforcement-front yard parking/people living in campers in the winter” “Sidewalk North Davis from Delano to fair grds. Cross walks over hwys.” “Some properties are in disrepair or have a poor appearance due to excessive belongings outside (cars, appliances, junk, etc.)” “Can"t [sic] utilize the Park that is right next door. “Lack of police presence” Ely Neighborhood “Inane policies & enforcement techniques for yard keeping & etc., attempts to control/penalize residents & force uniformity misses what's actually important” “Too many private fireworks before and after holidays” “Unleashed dogs” “Dead End street takes a long time to get City Public Works attention - leaves, snow, etc” “City no longer picks up storm debris” Hospital Neighborhood “Too many conservatives/fascists” “THIS IS A DEAD END VERY SELDOM ARE POLICE SEEN” “Lack of curb side junk pick up” “Upkeep of rented properties” “People don’t pick up their dog poop. Why people think it is OK to let their dog poop on anyone’s property but their own and not clean it up, I will never understand! Education needed.”

8 Marshall Neighborhood “Expensive utilities.” “Upkeep of certain rental properties and tree trimming.” “1) I wish nearby Rossman parks had a few more amenities for nearby residents. 2) I wish our block of Kalamazoo was in the historic district” “Lack of incentives/grants for historic property maint.” “Our street is cracked & sidewalks cracked & narrow but this is a minor thing on such a nice block” “Unkept neighbor, too fast of traffic” “Some residents/landlords do not maintain homes, yards, etc. The city issues way too many "reminder" letters, they should issue fines for repeated notices to the same address.” “1 trashy house in neighborhood” “Could use a playground [sic] by rossman or pickel [sic] ball court” “We have a lot of kids in the area , would be nice if we could turn one of the empty squares into a playground” “Speeding of vehicles” “Cluttered yards” Eastern Avenue Neighborhood “Since we are in Highpointe Apartments I do not have any other negatives.” Downtown Allegan “Loud projects in the “off” hours” “Vandalism” “Not enough garbage cans throughout the city of Allegan not just downtown..!!!” “Traffic/speed but beyond city’s control” “Drivers exceed the speed limit, even with "slow, autistic child at play" signage.” “Loud airplanes that fly over all day in the summer” River-Main-Grand Neighborhood “Speed limit too high for residential neighborhood (45)” “Poorly redone streets and drainage” “Jail in my backyard without proper fencing” “there are no negative features of our beloved neighborhood <3” “streets are not paved” “Inmates walking by when released throwing items in the yard and asking for a phone at times” “The river is horribly littered” “Neighbors having rvs near my property and semis parked in the road”

9 “I can think of no real negatives in our neighborhood” “Need updated playgrounds” “Housed [sic] in obvious blight condition” Outside City Limits “Not enough policing of trash and junk in yards” “No sidewalks. The neighborhood could have been better designed to have more connections with the streets such as bike paths and sidewalks.” “Lack of healthy dining options. Something like Chipotle would be nice.” “No complaints. Other than I wish people would stop moving here! I love the country seclusion. The fewer neighbors, the better.” “My one neighbors [sic] house/yard.” “Do not have any negative thoughts” “Water quality of lake Allegan” “Removal of woodland areas unnecessarily” “Lack of high speed internet and other utilities” “Junk in yards” “Lack of affordable internet access” “The Bike path ends bluntly in front of old Hascall steel, cigarette butt dumping” “Traffic/speed” “outdoor activity parks (not sit and chat) at a bench park”

10 QUESTION #6: Is there anything you would like to add about your current residence or neighborhood?

The sixth question allowed respondents to leave open-ended feedback about their current residence or neighborhood. These responses were categorized as shown in the figure below. Most comments fell under the themes of Code/Law Enforcement Concerns and General Positivity. If you would like to review all of the comments, please email Sarah Perrigo at [email protected] for the full listings.

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Survey Section 2. Historic District Questions

Note: Of the 227 total survey respondents, 41 indicated that they live in a historic home as defined by the HDC. The figure below depicts where these 41 respondents live based on neighborhood. An image showing these neighborhood distinctions is attached to this document. Most of the survey respondents that own historic homes live in Downtown Allegan (65%) and the Marshall Neighborhood (20%).

QUESTION #1: Do you personally feel as if your home is a historic home?

The first question relating to HDC asked respondents whether or not they felt as if their home was historic. Survey respondents could choose between Yes, No, and I Don’t Know. The figure to the right shows these answers.

70% of respondents feel as if their home should be classified as a historic home, while 25% do not, and 5% are not sure.

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QUESTION #2: How easy or difficult do you feel it is to make improvements to your property given HDC guidelines?

The second question asked respondents how easy or difficult it was to follow the HDC processes. Survey respondents could choose between Difficult, Somewhat Difficult, Somewhat Easy, Easy, and I Don’t Know. The figure to the right shows these answers.

Over 50% of respondents feel that it is at least ‘Somewhat Difficult’ to make improvements to their property. 22% feel that it is ‘Somewhat Easy’ to make improvements, while 10% feel it is ‘Easy.’

QUESTION #3: Which of the following house features do you think should be regulated by the City of Allegan HDC?

The third question asked respondents which house features they thought should be regulated. Survey respondents could mark as many options as they thought applied. Respondents could also leave open-ended comments using the ‘Other’ option. The figure and table below show these answers.

The features receiving the most support for regulation include ‘Additions to the Structure’ and ‘Demolitions.’ The feature receiving the least support for regulation is ‘Roofing.’

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Open-Ended ‘Other’ Responses for Question #3:

“Overall appearance”

“I think it should only be regulated if there’s true historical significance. My house was built in 1900 but no one has any history of it”

“As long as the materials used to repair or remodel reflect the era of the property, I have no issue with the materials being new and made to look old. Plain, cheap vynal [sic] siding, windows or doors however are not exceptable [sic].”

“But I would also like them to offer prof. design assistance & grants or property tax incentives to renovate.”

QUESTION #4: Is there anything else you would like to add about your historic home or your experiences with the Historic District Commission?

The final question provided space for respondents to leave open-ended feedback about their experiences. 16 responses were collected. Common themes included support for maintaining the ‘historic charm’ of Allegan, and a desire for more support from the Historic District Commission in the form of historical information on homes, financial incentives, and welcome packets for new homeowners. All responses are recorded in the table below.

Question #4 Responses “Modifications should be reasonable while still keeping the feel of the district.”

“Need more info about the history of each of the historic homes and more PROMOTION about those features.”

“The HDC plays favorites and gives an easy yes to some people, and says no or requires a ridiculous amount of documentation from others. When I had my house painted, someone from the HDC walked around my property as if they were inspecting it, even though paint is not something we needed permission to do. When I confronted the person, they said that they were checking for lead paint. Again, not her concern, and it was something that I had already taken care of with my contractors. This is my house. That was trespassing.”

“The historic nature of our town is what keeps the charm and is the draw for people to come to our town. Keep it historic please. It is the towns that stay true to their history that thrive when others deteriorate.”

“It is much better than just a few years ago.”

“I love the charm of living in a historic district however I recognize that living in a historic district should not present an economic hardship to people. Our community is lower SES and if we want these houses to last, it may be necessary to allow certain modifications. There is not the buy in from community members to maintain the upkeep.”

“Design of buildings should not be part of historic district commission.”

“Our historic properties are our treasures and should be protected.”

“Some people need to be educated or cheered on in their understanding of why their historic home is celebrated. Allegan does nothing proactive to encourage us to take pride and see the potential in our homes. Why not offer architectural & landscape renderings of each home to show the home-owner "what if" ... something they can work toward. Not all would be open to this, but I sure would be. As high as our taxes are in Allegan, I feel a tax incentive would be nice to offer for exterior improvements.”

“Official signage on homes and more communication from commission would be cool. Welcome packet to new owners on rules?”

14 “I also renovated Schaendorf Brewing and the HDC appears to be a non-factor”

“Have autonomy for how I choose to improve my home”

“They should have a welcoming pack when you move into a historic home to explain history of your house and rules for upkeep and improvements. More information please.”

“If I want [sic] make an improvement to my home (that I pay high taxes on) I DO NOT want to make a [expletive] contribution the the [sic] Historical Society. Not my problem some [expletive] tore down the old Court house.”

“The historic commission has been great. It is always a little stressful when applying but they have approved us so far. It would be nice if you did not always have to wait for the next meeting, but other than that they are great. Lori is really helpful.”

“Districts are too large with some “historic” homes lacking any real defining [sic] other than age.”

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Survey Section 3. City of Allegan Questions

QUESTION #1: Please identify which aspects of the City of Allegan you would most like to see improved over the next 10 years.

The first question in the City of Allegan section asked respondents to rank features they would like to see improved by their level of importance (Scale of 1-7, with 1 being the Most Important). Features to be ranked included Better Sense of Safety, More Retail & Restaurant Options, More Housing Options, More Cultural Events & Opportunities, Improved Appearance of Neighborhoods, Improved Walkability, Improved Parks & Greenspace. Average importance levels are shown in the table below. While many of these features are clustered together, More Retail & Restaurant Options had significantly more importance placed on it.

Average Levels of Importance – City of Allegan Features Rank Feature Average Importance Level 1 More Retail & Restaurant Options 2.61 2 Improved Appearance of Neighborhoods 3.67 3 More Cultural Events & Opportunities 3.81 4 Improved Parks & Greenspace 4.20 5 Improved Walkability 4.35 6 More Housing Options 4.46 7 Better Sense of Safety 4.50

QUESTION #2: Which land uses do you think should be emphasized in the City of Allegan in the next 10 years?

The second question asked respondents to indicate what land uses they believe should be emphasized. Survey respondents could mark as many options as they thought applied. The figure below shows these answers. The land uses receiving the most support include Small Retail Business and Mixed-Use Development.

16 QUESTION #3: What additional youth recreation leagues would you be interested in seeing in the City of Allegan?

The third question asked respondents to indicate what youth recreation leagues they would like to see. Respondents could leave open-ended feedback. These responses were categorized as shown in the figure below. The activities receiving the most support included Hockey/Ice Rink and Soccer; many responses also fell into the ‘Other’ category If you would like to review all of the comments, please email Sarah Perrigo at [email protected] for the full listings.

17 QUESTION #4: What additional adult recreation leagues would you be interested in seeing in the City of Allegan?

The third question asked respondents to indicate what adult recreation leagues they would like to see. Respondents could leave open-ended feedback. These responses were categorized as shown in the figure below. The activities receiving the most support included Softball/Baseball, Soccer, and Tennis/Pickleball; many responses also fell into the ‘Other’ category If you would like to review all of the comments, please email Sarah Perrigo at [email protected] for the full listings.

QUESTION #5: Would you and/or a family member be interested in participating in adult recreational leagues?

The fifth survey question asked respondents to indicate their interest in participating in adult recreation leagues. The figure to the right shows these responses.

47% of respondents indicated that they may be interested in participating, while 31% said they would, and 22% said they would not be interested in participating.

18 QUESTION #6: Is there anything you would like to add about additional changes you would like to see in the City of Allegan?

The sixth question allowed respondents to leave open-ended feedback about the City of Allegan. These responses were categorized as shown in the figure below. Most comments fell under the themes of Business/Resident Attraction and More/Improved Public Amenities. If you would like to review all of the comments, please email Sarah Perrigo at [email protected] for the full listings.

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Survey Section 4. Downtown Allegan Questions

QUESTION #1: How satisfied are you with the current variety and availability of Downtown Allegan restaurants?

The first question asked respondents to indicate their satisfaction levels with Downtown Allegan restaurants. The chart to the right shows these responses. Response options were also coded from 1 to 5, with 1 being Dissatisfied and 5 being Satisfied, in order to calculate an average satisfaction level of 2.83, indicating that respondents are slightly less satisfied than ‘Neutral’.

QUESTION #2: What types of restaurants would you like to see more of in Allegan?

The second question asked respondents which types of restaurants they would like in Allegan. Survey respondents could mark as many options as they desired. Respondents could also leave open-ended comments using the ‘Other’ option. The figure and table below show these answers.

The restaurant types receiving the most support include Locally-Owned Restaurants, Casual Dining, and Food Trucks.

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Open-Ended ‘Other’ Responses for Question #2:

“Bakery; distillery;”

“dinner restaurants”

“I am open to anything!”

“One I can sit in & eat & not have to wear a medically worthless mask.”

“Would love to have a BBQ/rib option as well as seafood”

“Sushi PLEASE!, specialty/upscale coffee, Specialty grab & go/faster lunch options”

“Chain restautants [sic] as in Chipotle, qdoba, etc.”

“Healthy foods and vegetarian/vegan friendly”

“Just more options”

“Chicago pizza would be nice”

“Gluten Free/Allergy Friendly”

“Mexican, Vietnamese, Italian, Greek choices”

“More community gardens, food forests, community use grills or ovens, a food hub and/or co-op, places to eat as a community & share food”

“unique ethnic dining, english german or indian not more pizza....”

“None...Id [sic]like to see the ones we have focus on better quality food.”

QUESTION #3: When would you be most likely to visit a restaurant in Downtown Allegan if they were available?

The third question asked survey respondents to indicate when they would be most likely to visit a restaurant. Respondents could choose as many options as they felt applied. The figure below shows these results. The times of day receiving the most support including the Evening, Afternoon, and Mid-Morning.

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QUESTION #4: How satisfied are you with the current variety and availability of Downtown Allegan shops and retail opportunities?

The fourth question asked respondents to indicate their satisfaction levels with Downtown Allegan shops and retail opportunities. The figure to the right shows these responses. Response options were also coded from 1 to 5, with 1 being Dissatisfied and 5 being Satisfied, in order to calculate an average satisfaction level of 2.68, indicating that respondents are slightly less satisfied than ‘Neutral’.

QUESTION #5: What types of shops and retail opportunities would you like to see more of in Downtown Allegan?

The fifth question asked respondents which types of shops and retail opportunities they would like in Allegan. Survey respondents could mark as many options as they desired. Respondents could also leave open-ended comments using the ‘Other’ option. The figure and table below show these answers.

The shops and retail types receiving the most support include Clothing Stores, Book Stores, and Grocery Stores.

22 Open-Ended ‘Other’ Responses for Question #5:

“Craft/art supply store, metaphysical shop, music store, marijuana provisioner, bakery (located next door to the provisioners would be a smart move �)”

“I'm a proponent of any businesses that can attract out of town traffic, while still being relevant to local clientele”

“Pet merchandise”

“Specialty grocery; spirit/cigar shop;”

“A bookstore would be amazing”

“Record store”

“Juice bar”

“boutique type shops to bring in the tourists”

“Would like them to have extended hours.”

“Anything!”

“Kitchen Gadget Store, Specialty Food Deli/Bakery”

“I rarely go downtown to shop. Need downtown residences.”

“Specifically men's clothing as well as some type of department store with small appliances, kitchenware, quality goods (a tier above the dollar store offerings)”

“Fair trade, health foods, hobby shop, ethnic foods market, bulk spices/dry goods, record/music, handmade jewelry & accessories”

“Artsy Boutiques, Yoga studio”

“The quality of most of the current retail is subpar with a couple exceptions”

“Bakery”

“Specialty Foods, Beer, Wine & Liquor”

“Speciality [sic] Shops that are a destination as opposed to shops that rely on traffic ie... Meat Market, Smoke House/Beef Jerky, Vegan or Healthy, Bakery etc...”

“Fine crafts like at the Art Hop”

“A store that would sell Hand-Made-In-Allegan items.”

“A fun gift store that carries unique gifts”

“Craft”

“Junk Shops. Bibles for Mexico resale shop etc.”

23 “Guitar shop, skateboard shop (RIT Music in Holland), hobby shops, an upscale liquor store/bottle shoppe (Liquor Cabinet in St Joe)”

“Need a better grocery store.”

“Desperately need a grocery store that is clean please,”

“General store like Springdale (not sure of name) that closed a few years ago. I loved shopping there”

“Free store, a library of things, a gift exchange where people can donate what they don't want anymore or have a lot of for others to peruse & use”

“I miss the Montage store that sold wine, craft beers, cheese, and fresh homemade hummus”

“Affordable for more people - for more to enjoy.”

“I think a franchise gym would do very well. We currently only have one option in town, and it is very much lacking and outdated”

“This is a small town, if whomever created this survey wants to "create more" I'm sure the city of Detroit has an opening. Quit trying to change this town! The individuals that would be attracted to the place your trting [sic]to create, are not homeowners, they are not the type of people that care about their surroundings...Meaning, tax paying citizens that actually help the city, and maintain owned properties will leave!”

“Resale/Thrift”

“Dispensery [sic] for all public”

“Variety store like Huff's was”

QUESTION #6: Have you attended an event in Downtown Allegan?

The sixth question asked respondents if they had attended an event in Downtown Allegan. 93% of respondents indicated that they had attended an event as shown in the graph to the right.

24 QUESTION #7: If you said no to the previous question, why have you not attended an event in Downtown Allegan?

The seventh question asked those respondents who have not attended an event in Downtown Allegan to indicate why. These open-ended responses are shown in the table below.

Question #7 Responses:

“Lack of parking”

“Brings out every dirtbag in Cointy [sic]”

“Just got here.... Covid restrictions”

“Right now I work nights. So I miss them all.”

“Moist [sic] don't know about until they are over.”

“Not a social person/don't like crowds”

“I used to but now everything is about drinking!”

“Because I am never aware of them till it is too late”

“Too hard bringing my child out”

“No interest”

“Now that you have pot stores downtown I would not bring my family down for anything. plus social district drinking on streets.”

“COVID”

“Too many people”

“To [sic] many dead beats, everything is based on alcohol consumption”

“I have no [sic] in years due to the event focus being aimed towards alcoholic environments, vs family events.”

“Just moved here recently”

“Covid”

“People are rude and we dont [sic] feel like theres [sic] good crowd control”

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QUESTION #8: How satisfied are you with the current variety and availability of Downtown Allegan cultural and civic opportunities and events?

The eighth question asked respondents to indicate their satisfaction levels with Downtown Allegan events. The chart to the right shows these responses. Response options were also coded from 1 to 5, with 1 being Dissatisfied and 5 being Satisfied, in order to calculate an average satisfaction level of 3.27, indicating that respondents are slightly more satisfied than ‘Neutral’.

QUESTION #9: What types of cultural and civic opportunities and events would you like to see more of in Downtown Allegan?

The ninth question asked respondents which types of events and opportunities they would like in Allegan. Survey respondents could mark as many options as they desired. Respondents could also leave open-ended comments using the ‘Other’ option. The graph and table below show these answers.

The events receiving the most support include Festivals, Concerts, and Art Fairs.

26 Open-Ended ‘Other’ Responses for Question #9:

“Nothing”

“Larger art fair and vendor shows”

“book readings, lecture series, soccer rugby softball tournaments, music fesitvals [sic]”

“Anything! If we are free we participate.”

“Concerts during Holiday events.”

“Perrigos [sic] days & employee discounts and they can see what is DT.”

“Comedy”

“Ethnic food festivals, Annual John Pahl Day Celebration”

“Farmer's Market/Flea Market (I know there is one, just make it grow)”

“Please revive the plan to turn the Griswold into an actual venue for Concerts, Comedy and Performance Art.”

“Secular music. Leave gospel for the churches.”

“Something like “plainwell days” where people can gather and play games, a few rides/food”

“Bring all the peoples [sic] ;) Also, possible church collaborations”

“Farmers Market in [sic] Saturday”

“Food truck events on weekends downtown not at the fairgrounds”

“I go to them all but always want more!”

“Pet friendly events”

“Food fairs”

“I think the Friday night and Saturday night concerts are great.”

“Big ol community potluck or sharing events, community clean ups where folks pick up trash, clean the river, service events, community grief and/or gratitude sharing, events to get to know your neighbors”

“Drive in theater as well as keeping the Regent”

“Parades for Halloween, pet parades, a larger turn out for holiday parades (Memorial Day, Christmas)”

“We do not need any more "downtown" events...the city has already made it acceptable to be the [sic] belligerent drunk in the "historic district"...Making downtown Allegan the joke of the state. Sad when people that had never heard of our town, now refer to Allegan as "thats [sic] the place you can be drunk in public, and the city promotes it". This is keeping people who don't think being belligerent is cool, from coming to our city.”

“Events at the fair gounds [sic]”

27 QUESTION #10: Is there anything you would like to add about Downtown Allegan amenities?

The tenth question allowed respondents to leave open-ended feedback about Downtown Allegan. These responses were categorized as shown in the graph below. Most comments fell under the themes of General Positivity and Business Attraction. If you would like to review all of the comments, please email Sarah Perrigo at [email protected] for the full listings.

28 Master Plan Neighborhood Designations

7 1 6

2 5 4 3

1. Delano Neighborhood 2. Ely Neighborhood 3. Hospital Neighborhood 4. Marshall Neighborhood 5. Eastern Avenue Neighborhood 6. Downtown Allegan 7. River-Main-Grand Neighborhood

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