THREE OAKS — The Three Oaks Planning Commission on Sept. 1 made revisions to proposed draft amendments to the village zoning ordinance that would cover marijuana businesses before setting a public hearing on the document for its October regular meeting.
Chairman Gene Svebakken noted that the other of two pertinent draft ordinances, the Village of Three Oaks Regulation of Adult Use Marihuana Ordinance (also reviewed by planners on Sept. 1), requires no action from the Planning Commission but does include recommendations from the village’s Marijuana Committee.
The Zoning Ordinance Amendments Related to Adult Use Marihuana Establishments, however, require action by planners.
Village Manager Dan Faulkner said planning consultant Becky Harvey (a senior principal planning consultant with McKenna) and attorney Joslyn Monahan of Kreis Enderle Hudgins & Borsos, P.C. worked together every day during the week prior to the meeting to ensure that the draft ordinance is easy to understand and to apply.
“This is the ordinance that is going to identify what establishments the village wants to allow and how many of them,” Harvey said, adding that the final versions are ultimately a decision of the Village Council.
While reviewing the draft version of the Regulation of Adult Use Marihuana Ordinance, planner and Village Council member Colleen Newquist said if the maximum number of licensed establishments is lower than the amount listed on a ballot initiative set to go before voter son Nov. 3, that could give people reason to vote for the initiative.
It had been suggested that the ordinance call for one of each type.
Planners also discussed and ultimately recommended adding language to include medical marijuana establishments to pertinent portions of the ordinance so those type of businesses also can operate.
Monahan said there is nothing to stop the village from adding medical langauge to the ordinance so there could be split stores that offer both medical and recreational (which are covered by two different state acts).
“The ordinance we’re going through right now is essentially regulating what facilities are going to be allowed, how many, and the process for getting approval from the village,” Harvey said.
She added that an ordinance like this can’t speak to locational and extra standards that are design related — that has to be done through zoning.
It was the consensus of planners to not allow consumption in any type of marijuana business (an option it was said is allowed to be applied for in some cases under the ballot initiative).
The next step for the draft version of the Regulation of Adult Use Marihuana Ordinance was to submit it to the Village Council (which was scheduled to hold a regular meeting on Sept. 9).
The Planning Commission has more responsibility for the draft of the Zoning Ordinance Amendments Related to Adult Use Marihuana Establishments.
Under that draft amendments would be made to to three sections of the village zoning ordinance:
1. Definitions (consistent with those in the marijuana ordinance);
2. Table of uses (what use is allowed in each district and whether it’s permitted or special land use);
3. Add standards that apply to marijuana establishments including locations and separation standards.
Among the issues discussed by planners were the separation distance between marijuana businesses downtown (500 feet instead of 1,000 feet was the consensus).
There also was talk about language concerning the requirement of frontage on U.S. 12 or Elm Street.
Newquist said there are some properties in the village that could be conducive to marijuana businesses but may not have such frontage.
Monahan said that is one of the ways the village can qualify where they want such businesses, adding that the final version doesn’t have to have any frontage restrictions.
Planners discussed language in the amendments to keep the words marihuana/marijuana or pot leaves and similar symbols out of signs/logos in the village.
After some discussion, allowable hours of operation were left at 9 a.m. to 9 p.m.
Harvey noted that the site plan process of review is one of the most powerful tools the village has for dealing with issues such as wastewater emitted into the village’s treatment system.
“You have quite a bit of latitude to condition their approval on dealing with your issue,” she added.
The next step for the Zoning Ordinance Amendments Related to Adult Use Marihuana Establishments is hold a public hearing at the next regular Planning Commission meeting (scheduled for Oct. 6), and planners voted 6-0 to do just that.
Included in the Regulation of Adult Use Marihuana Ordinance (in its draft form before being reviewed by planners) were:
• Section 1 — That This Ordinance shall be known and may be cited as the Village of Three Oaks Regulation of Adult Use Marihuana Ordinance.
• Section 2 — The purpose of this Ordinance is to regulate adult use marihuana establishments, which include marihuana growers, marihuana safety compliance facilities, marihuana processers, marihuana microbusinesses, marihuana retailers, marihuana secure transporters. The Village finds that these activities are significantly connected to the public health, safety, security, and welfare of its citizens and it is therefore necessary to regulate and enforce safety, security, fire, policing, health, and sanitation practices related to such activities and also to provide a method to defray administrative costs incurred by such regulation and enforcement. It is not the intent of this Ordinance to diminish, abrogate, or restrict the protections for recreational marihuana use found in the Michigan Regulation and Taxation of Marihuana Act (“Act”).
• Section 4 — A. The Village hereby authorizes, subject to the issuance of a Municipal License by the Village Clerk, the following marihuana establishments within the boundaries of the Village, as are authorized pursuant to Section 6.1. of the Act; B. The marihuana establishments and the number authorized pursuant to this Ordinance are: Class A, B or C Marihuana Grower (3 of each); Marihuana Microbusiness (1); Marihuana Retailer (2); Marihuana Processor (2); Marihuana Safety Compliance Facility (1); Marihuana Secure Transporter (1).
• C. A nonrefundable Municipal License application fee shall be paid by each marihuana establishment applying to be licensed under this Ordinance in the amount of $5,000.00. The municipal license fee is in addition to any other fees required, including, but not limited to, zoning fees.
Included in the Zoning Ordinance Amendments Related to
Adult Use Marihuana Establishments (in its draft form before being reviewed by planners) were:
• Amend Chapter 2.4 – Use Standards to add Section 2.412 –1 —Marihuana establishments are subject to the following: A. A Special Land Use Permit may be granted for a Marihuana Retailer if it is located in the MU-1, MU-2 or C-1 District, and is on a lot provided frontage on US-12 or Elm Street; B. A Special Land Use Permit may be granted for a Marihuana Microbusiness if it is located in the MU-2, C-1 or I-1 District, and is on a lot provided frontage on US-12 or Elm Street; C. A Special Land Use Permit may be granted for a Marihuana Grower, Marihuana Processor, Marihuana Safety Compliance Facility, or Marihuana Secure Transporter if they are located in the I-1 District, and are on a lot provided frontage on US-12 or is within Enterprise Park.
• All marihuana establishment types shall meet the following locational criteria: 1. A marihuana establishment is prohibited from operating in any residential zoning district or in any residential unit; 2. A marihuana establishment shall not operate within 500 feet of a pre-existing private or public school, providing education in kindergarten or any grades 1-12; 3. The separation distance is measured in a straight line from the nearest property line of a protected use to the nearest portion of the building occupied by the marihuana establishment; 4. The separation distance shall apply to protected uses located in adjacent jurisdictions.
• E. A Marihuana Microbusiness and Marihuana Retailer shall also comply with the following: 1. All activities shall be conducted within an enclosed building; 2. A Marihuana Microbusiness and Marihuana Retailer shall not operate within 1,000 feet of any other Marihuana Microbusiness or Marihuana Retailer (later changed to 500 feet downtown by planners); 3. A Marihuana Microbusiness or Marihuana Retailer shall open no earlier than 9:00 a.m. local time and close no later than 9:00 p.m. local time, and no person, except employees, shall be allowed in the facility after hours.
• F. A Marihuana Grower, Processor, and Marihuana Safety Compliance Facility, shall also comply with the following: 1. All activities shall be conducted within an enclosed building; 2. All establishments must be designed and operated to minimize the amount of pesticides, fertilizers, nutrients, marijuana, and other potential contaminants discharged into the public wastewater and/or stormwater systems; 3. No marijuana shall be cultivated, grown, manufactured or processed, handled or tested in any manner that would emit odors beyond the interior of the building or which is otherwise discernable to another person. The odor must be prevented by the installation of an operable filtration or ventilation and exhaust equipment; 4. No marijuana shall be cultivated, grown, manufactured or processed, handled or tested in any manner that would emit noise beyond the interior of the building or which is otherwise discernable to another person; 5. All establishments must maintain a secure, closed environment where marijuana is to be stored, grown, processed, or tested, in order to prevent the inadvertent and/or unauthorized removal of marijuana from the facility.