Planning commission, city council approve new marijuana zoning

After a one-hour-and-six-minute joint Zoom meeting on Monday, the Belleville Planning Commission and Belleville City Council both voted unanimously to approve amendments to the city zoning ordinance pertaining to marijuana establishments as presented.
They approved:
• Article 2, to add definitions for marijuana facilities;
• Article 3, to create a new zoning overlay district and I-2b adding specific facilities to the overlay district;
• Article 4, to add specific standards for permitted marijuana facilities; and
• Article 5, to provide parking standards for marijuana facilities.
The amendments were prepared by planning consultant Jill Bahm of Giffels / Webster, who explained them at the joint meeting.
Planning Commission Chairman Steve Jones pointed out this was the ordinance approved at the last planning commission meeting Dec. 10.
There was considerable discussion on an existing business on Savage Road that was within the overlay district south of the railroad track.
Bahm said if the business had its primary entrance facing west toward the city’s DPW yard and not toward the front and away from Victoria Commons, it would qualify as a marijuana facility. This included a six-foot wall and a six-foot-tall row of bushes as buffer.
Planning Commissioner Michael Renaud asked if the wall and bushes weren’t redundant.
Bahm said that was to make it look more nature, “So it doesn’t look as harsh.”
Commissioner Renaud said when they put up the structure, do the bushes have to be six feet at first or smaller at first.
“If you envision the wall, you have to come up with some means of watering the bushes,” Renaud said. “Now you see a bunch of rusted cars.”
When there was a question on the VoTech property on Sumpter Road owned by the Van Buren Public Schools’ district, Chairman Jones said the property is not currently being used as a school and so they are not requiring a 1,000-foot setback from that property.
He said the overlay map is based on what is currently in place and anything that would happen in the future is not addressed.
“If another school opened, those businesses in place would be allowed to continue as non-conforming uses,” said Jones, who works for the school district.
Councilman Ken Voigt said the overlay setbacks on the map refer to existing schools.
Matthew McLean, who has asked for the overlay map to include his business on East Huron River Drive, the former Cocoa Beach tanning salon, said he graduated from the VoTech facility.
“That’s where I learned to change a tire,” McLean said, adding people would like the facility to reopen. He asked what would happen if a train came and blocked the track and police couldn’t get there for an emergency. “Who would police it?” he asked.
McLean said everyone knows Sumpter Township has been growing marijuana for a while.
“This is my only chance to try to get in the overlay,” he said. “My entrances face the warehouse next door … and I’m right down the street from the police station…This is my only chance to say I would like to be in the overlay.”
Chairman Jones thanked him for his comments.
Sam Pernick said he is the main organizer of Jobs for Belleville which was behind the marijuana facility ordinance approved by voters.
“If it was up to us, there would be no limitations,” Pernick said of the zoning amendments. “But, it’s your prerogative.”
He said the larger plan seemed to have a higher argument to keep facilities off Savage Road and to keep everything in one area, so one area could be patrolled.
Pernick said there is feedback for not having it on Savage Road and he requested they take that portion off as a security issue.
His second question was to seek clarity on the application process. He said many of the items required in this ordinance are not required in the licensing ordinance passed by voters. He was concerned about the insurance provision.
He asked them to consider those who get licenses having to acquire insurance, not having it in advance. This could be applied to a number of items in the application, he said.
Pernick suggested giving those getting licenses to have 35 or 45 days to supply the insurance. And, he had “designated consumption” questions.
“There was confusion on our side,” Jones said, noting the planner included microbusinesses for where consumption would be and they are cleaning up the language,including timelines on approval from the planning commission and provisional licenses from the city.
Pernick said Savage Road property is not suitable because of a security perspective and from a business perspective they would like everyone in the same area, rather than one drawing off business to another area.
City Manager Tracey Schultz Kobylarz said the city clerk and police chief agreed that Savage Road should be included in part of the overlay district since it is south of the railroad. A wall and screening would have to take place, she said, repeating the police chief is supportive of this. Chief Dave Robinson was not at the meeting.
Chuck Lauber said he was present on behalf of Scott Jones and Bill Osier, who couldn’t attend because of a death in the family.
He said the former Glass Ranch at 149 South St. currently is outside the overlay district. He said Jones and Osier would be managers of the property and he asked if there was a possibility of getting it inside the overlay district.
“I know it is north of the railroad,” Lauber said, adding if the overlay is changed it could result in added investment in the City of Belleville.
Jones said they could apply for a variance at a later time if the property is not included in the overlay. He said McLean could do that, too. There is a process to get that changed.
“Does that exclude them from applying now?” Lauber asked.
“They could apply for a temporary license and then go for a variance,” Jones said. “The city has to go through the process to apply for a license.”
City Manager Kobylarz said they would have to meet the zoning requirements. She said they could apply later for a variance if the planning commission doesn’t include the property in the overlay.
Jones said they would have to get a variance on the property first and then apply for the license.
Kobylarz said they only can apply through Jan. 31 and the ordinance is available online. She said the date was established by the Jobs for Belleville ordinance. She said the deadline is Jan. 1.
“If I applied for a license and it doesn’t meet the proposed zoning” would it work? Lauber asked. “They have an application to submit in the next 48 hours.”
Bahm said the process would be to seek a use variance from the Zoning Board of Appeals. It requires two-thirds of the ZBA to approve. She said it’s a big challenge. They have to prove the property can’t be used for anything else.
“It would be extremely contrary to what the city is planning at this time,” Bahm said, adding that zoning changes all the time. “But that is not a good plan for moving forward right now … Could be in years to come,” she said.
Scott Dianda asked if it was possible to put in an application for a license in that area without a property designated?
Jones asked if they have to have a property identified.
Kobylarz said the application asks for an address and if the property is leased or owned.
“We do not say you must have a lease or own it … Follow the application,” Kobylarz said.
In further discussion, Councilwoman Kelly Bates said she thought consideration should be given to Mr. McLean.
“It would serve the residents better if it is spread out a bit,” she said of the overlay district.
The city council members were all present for the joint meeting. Absent from the planning commission were Becky Hasen and Henry Kurczewski.