City planners set public hearing Dec. 28 on MJ overlay district

A public Zoom hearing will be held at 5 p.m., Monday, Dec. 28, for input on the nine-page I-2 zoning overlay district ordinance for the marijuana industry in the City of Belleville.
A special meeting of the Belleville City Council will be held following the public hearing to vote on the overlay ordinance.
At its Dec. 10 meeting the Belleville Planning Commission unanimously approved the ordinance.
City Manager Tracey Schultz Kobylarz said the residents of the City of Belleville voted to approve marijuana within the city and passed a charter amendment.
“We are here to enact a process that the City of Belleville will follow to welcome the marijuana industry,” City Manager Kobylarz said. She said the recommendation was made with input from the police chief, DPW director, clerk, planner, city attorney, planning commission chairman, and others.
To make sure the zoning was appropriate within the city, they called in Jill Bahm of Giffels/Webster planners who helped with the lines of the overlay.
In announcing that the city council will meet right after the public hearing, Kobylarz said, “We must act quickly to follow the ordinance … the city has enacted.”
Planning consultant Bahm said she sent an overview memo to the planners on what kinds of uses are allowed, how to mitigate negatives, and other details. She said the overlay district covers a variety of districts, not one zoning that covers these users.
She said there are different districts underneath and the overlay adds a layer that allows marijuana facilties. She said the zoning standards stay the same.
She said the marijuana industry uses are permitted uses, not special land uses that take a public hearing.
Bahm said the geographic area in the city is small and you don’t need special land uses.
She said the overlay provides for waste disposal, security plans, and separation distance of 1,000 feet. Also, there is a section of general requirements, including no residences, no outdoor storage, required ventilators, parking lot screening, and air contaminants.
“It shouldn’t make people feel bad to go to a facility,” she said, adding people should feel safe when entering the facilities.
Bahm said the overlay provides for no drive-through, prohibits temporary facilities, and allows no products within 20 feet of the front façade.
Commissioner Mike Renaud said there are two maps floating around — one hand-drawn version on the city website and one digital map from planning consultant Bahm. He said Bahm’s new map shows the 1,000-foot areas around schools where the facilities are not allowed.
It was asked if daycares are included in with schools as needing 1,000 feet of space and Bahm said if they limited it around daycares they wouldn’t have any space left for marijuana facilities in the city. The state law does not protect daycares.
“Can we keep the facilities to these areas?” Renaud asked, referring to Bahm’s map that shows all of the areas available as south of and close to the tracks.
“We think the industrial area is most sensible,” said Planning Commission Chairman Steve Jones.
Bahm said many communities don’t want the marijuana facilities on their Main Streets, which are considered family areas.
Commissioner Matthew Wagner said perhaps the facilities could put parking in the “no” areas and the facilities in the area next door where they are allowed.
“You don’t need a marijuana card?” asked Commissioner John Juriga, and he was told, “not anymore.”
Jones said customers just have to be 21 years old and older.
Kobylarz said the deadline for facility applications is 5 p.m., Jan. 1, and the city will start reviewing applications on Jan. 2. She referred those interested to www.bellevillevilleonthelake.com . She said the application has just been updated and the updated map would be on the website the next day, Dec. 11.
“As Chairman Jones said, some people will not like the ordinance,” said Kobylarz. Some will want the area smaller and some larger, she said.
Matthew McLean of Suite Studios, at 573 E. Huron River Dr., said his zoning, B-3, is the same as those in red in the first map that were suitable for the marijuana industry.
Jones said that was a preliminary map.
McLean said his business, the former Cocoa Beach tanning salon, is not within 1,000 feet of a school and is on a main road.
“I would appreciate having a fair chance,” he said, noting he has never been to a council meeting before and never been to a Zoom meeting before. McLean said he grew up at 600 Sumpter and Belle Villa and lived here his whole life.
McLean said the application is due on Jan. 1, just a few days after the Dec. 28 public hearing.
He said he is trying to make his business look beautiful to the world and he’s trying to make his business grow with the world. He said his business is right next to a warehouse.
Jones suggested he stop in or make an appointment to talk to the city manager about his request.
There were no other public comments.
During commissioner comments, Juriga said he is glad the city council decided not to vote on the petition for marijuana facilities and sent it to a public vote. He said it passed 2:1.
DPW Director Rick Rutherford said in the near future the commission will need to meet to look at Building C in the Scott Jones project. And, there is interest in building on another vacant parcel in the city which will need a site plan review.
All eight members of the planning commission were present by Zoom, along with 17 other guests, including four members of the city council. The commission last met March 12.