Lakewood Planning Commission Meeting Summary - May 2, 2024

The Lakewood Planning Commission met in regular session on May 2, 2024, at City Hall Auditorium, with a pre-review docket review at 5:30 p.m. and the regular meeting at 6:00 p.m. Commissioners approved the previous meeting minutes, approved a lot split/consolidation at 12991 Clifton Blvd., and voted to recommend an amended medical and adult-use marijuana dispensary ordinance to City Council with changes. Note: the raw transcript's opening line refers to “May 3rd, 2024,” but the agenda, the closing line, and the provided date indicate May 2, 2024.

Consent Calendar

• The minutes of the April 4, 2024 meeting were approved by unanimous voice vote after a motion by Commissioner LePoint and a second by Commissioner Reese, with no further discussion.

Public Comments & Testimony

• David Molina, a neighbor at 12973 Clifton Blvd., spoke in support of the lot split. He said the existing shared driveways are too narrow to be functional, and the plan would allow the area to become green space and would be “a thousand percent better” aesthetically.
• The Commission acknowledged receiving a public comment from Brian Ming of Lakewood Alive, whose questions about the existing garages were answered during the presentation.
• Dan Shaker, representing RISE, spoke during the marijuana ordinance public comment period. He confirmed the state's one-mile dispensary radius, supported curbside pickup, and said his company wanted to remain in Lakewood but could not continue operating the Detroit Avenue location because it is too small and lacks parking. He also cited that only 18% of RISE's customers come from Lakewood, Friday medical traffic is about 250 people with an anticipated increase to roughly 700, the adult-use tax would be 10% with 36% of that revenue going to the city, and the program was expected to begin in late June rather than September.

New Business

• Docket No. 05-17-24 – Lot Split/Lot Consolidation, 12991 Clifton Blvd. Applicant Kyle L. Johns of KJ Architecture, representing property owner Mitch McAlitic, requested approval to reconfigure the boundaries of three properties (PPN 31227031, 31227030, and 31227029) in the R2 Single- and Two-Family District.
• The applicant explained that the plan would transfer approximately three feet of property to adjoining owner David Molina so his driveway would be entirely on his parcel; create a new driveway with a new curb cut for 12981 Clifton Blvd.; remove the existing paired driveway; and keep garages separated so the properties meet code.
• Planning and Development staff recommended approval, contingent on matching the final plat to work already completed and resubmitting the plat to the engineering department after comments are addressed. Staff noted no Board of Zoning Appeals variances are required.
• Commissioners asked about the surveyor, removal of the old driveway, extinguishing any cross-access rights from Nicholson Avenue to 12981, tree replacement through the city's street tree program, and sight-line/safety considerations for landscaping near driveways and sidewalks.

Old Business

• Docket No. 03-10-24 – Communication from Planning and Development Staff regarding Ordinance No. 42-2023, amending Schedule 1129.02 and Chapter 1165 to permit medical and adult-use marijuana dispensaries in commercial districts. The ordinance originated from a Feb. 20, 2024 City Council meeting and was referred to the Planning Commission.
• Staff described the red-line ordinance, the state's new one-mile distance requirement between dispensaries, possible state rules allowing drive-throughs, curbside pickup, or kiosks, proposed state hours of 7 a.m. to 11 p.m., and the city's current business-code hours of 7 a.m. to 9 p.m. Staff also reminded the Commission that municipalities may cap the number of dispensaries.
• The Commission discussed and agreed on a maximum of three dispensaries.
• On dispensary services, the Commission decided to keep a prohibition on drive-throughs but allow curbside pickup; kiosks were not considered a problem, and the drafted language was expected to be simplified accordingly.
• On hours, the Commission recommended that the zoning code mirror the business-code hours of 7 a.m. to 9 p.m., with a conditional-use approval process to extend hours to 11 p.m. when warranted.

Key Outcomes

• Approved the April 4, 2024 meeting minutes unanimously.
• Approved Docket No. 05-17-24 unanimously, with conditions: remove the existing driveway on the east side of 12981 Clifton when the new driveway is constructed; extinguish any cross-access rights from Nicholson Avenue to 12981 if they exist; complete the garage reconfiguration/separation as shown; and resubmit the plat to the engineer for review. Old survey pins were also to be removed.
• Voted unanimously to refer Docket No. 03-10-24 back to City Council with a recommendation for approval, including a maximum of three dispensaries, prohibition of drive-throughs only, and zoning-code hours of 7 a.m. to 9 p.m. with conditional-use authority to extend to 11 p.m.
• Staff was directed to draft the revised ordinance language reflecting those changes.