Sumpter denies rezoning of Oakville Waltz property to grow marijuana

At its regular meeting Aug. 23, the Sumpter Township Board of Trustees voted unanimously to deny rezoning of 5278 Oakville Waltz Road from Agricultural to Light Industrial.
This denial was recommended by the township planning commission at its July 14 meeting.
The commission cast a unanimous vote against the request for conditional rezoning of a vacant parcel in an agricultural area so the new owners can grow medical marijuana.
The 13 acres of property at 5278 Oakville Waltz Road is zoned Agricultural and the request was to rezone it Light Industrial. The property is not far from the Crosswinds Marsh county park.
A lengthy public hearing was held on the rezoning on May 12 and then a decision was tabled by the commission. Commission members were disappointed that township attorney Rob Young wasn’t at the May 12 hearing for consultation and that’s one of the reasons they tabled their decision.
The township’s planning consultant Matthew Lonnerstater of Carlisle Wortman Associates, presented a nine-page analysis of the situation in May, but did not make a recommendation.
Attorney Young did attend the June meeting and spoke to the commission on the proposal, but the petitioner was not present. At the July meeting Young wasn’t present but the petitioners were.
The property owner wants to put up a stand-alone pole barn on the vacant property in order to grow up to 72 marijuana plants to service six patients (including himself), as allowed by state law.
Under the current township Medical Marijuana Ordinance, stand-alone medical marijuana caregiver facilities are only permitted within Industrial zoning districts.
Within the Agricultural and other residential districts, marijuana facilities are permitted as a home-business that is secondary and incidental to residential use. Because the applicant does not intend to live on the property, he has requested to rezone the property to Light Industrial and offered several voluntary conditions.
The conditional rezoning states that the parcel will be used only to grow and distribute medical marijuana and no other uses. If the ownership of the property is transferred or the applicant fails to commence operations within three calendar years, the property will revert to its previous AG zoning.
The owner said they plan triple-layer purification and exhaust from a 16’ roof to combat odors.
Speaking for the applicant –180 Group, LLC – at both the May and July meetings was Travis Copenhaver, an attorney with Pollicella & Associates. Pollicella operates Cannabis Attorneys of Michigan and Small Business Legal Services.
Copenhaver said his client purchased the property in late October, 2015, after determining this property met the zoning requirements in the township ordinances. Then, he said, the township amended the ordinance and new wording retroactively disqualified the applicant’s property from getting a license.
At the July 14 meeting, Copenhaver said, “If we don’t get rezoning, we can’t grow marijuana.”
He said rezoning is only the beginning. His client would have to seek a license under the Medical Marijuana ordinance in the township and seek all the permits necessary.
“If not done according to your rules, we can’t grow marijuana,” Copenhaver said. “My client is trying to be as responsible as possible… Instead of coming in in the darkness of night and building the facility, they came in and said ‘Hello, we’re here. We want to work with you. We want to grow plants.’ All we want to do is grow medical marijuana to help patients who are suffering.”
Trustee Matthew Oddy, the township board’s liaison to the commission, referred to proposed state legislation that would allow processing of edibles and asked if this facility would be processing edibles if that became legal.
The petitioner said, “Just cultivation is all we seek.”
Copenhaver said if the laws proposed at the state level go through, the five different tiers would come back to the municipality to manage.
“If edibles are approved, we would have a hard time keeping edibles from them,” Oddy stated.
Attorney Copenhaver had a short discussion with this client and then said, “You can’t suggest conditions [under the state conditional zoning regulations], but we can change our proposed conditions.”
He said his clients agree that they would not be allowed to process edibles, if the law changes.
Commission chairwoman Jane Stalmack read two letters against the rezoning submitted to the township on May 24. They were written by Jamie Good of Martinsville Road and Cindy Good of Oakville Waltz Road.
“I deeply respect concerns of the concerned citizens,” Copenhaver said. He said they researched the ordinances in Sumpter and after his client purchased the property the ordinance changed. He said construction was started by a contractor by mistake. They were warned by the township and stopped, he said.
“If my clients could live on the property, they could grow medical marijuana without a problem as a valid use,” Copenhaver said. “But no one lives on the property.”
Kevin Hall of Oakville Waltz Road said he does not want a grow facility right next to his property where his grandchildren play.
Jamie Good said he is not opposed to medical marijuana, but opposed to this rezoning. He said, as Oddy had stated, as the state law changes it would be very hard to say no once the township approved this.
“All my clients want to do is grow medical marijuana to help people,” Copenhaver said.
Commissioner James Clark noted the petitioners live in Ypsilanti. He asked why they didn’t grow the marijuana there.
The petitioner said under the rules in Ypsilanti Township, where they live, there are only so many spots authorized and it has been snatched up so there is no available property.
“They want a place safe, secure, private, discreet…” Copenhaver said.
“Ypsilanti is already in the business,” Commissioner Clark said.
“The State of Michigan is already in the business,” Copenhaver said. “These individuals only are going to cultivate plants.” He said they want a place to do it that doesn’t take up place in their home.
“I wouldn’t’ want 72 plants in my basement,” Copenhaver said. “I use my basement.”
When they were asked how they would get the marijuana to the users, Copenhaver said the Michigan Medical Marijuana Act limits transfers from the caregiver.
“Three of my patients are homebound, so I have to deliver to their homes,” the petitioner said. The others can be delivered anywhere.”
He said he lives in Ypsilanti Township and there he can grow only 12 plants for five patients.
“Why not build here?” Stalmack said, pointing out then there would be no problem for them to grow.
“We have homesteads,” said the petitioner.
Oddy said this is a commercial venture on an AG lot and a commercial venture is not allowed in AG without a homestead.
“I would respectfully disagree,” Copenhager said.
“If you became a resident, you could grow 72,” Oddy said.
“We’re only asking for a conditional rezoning,” Copenhager said. “This is our first of many steps… We’re here to seek compromise … not legally challenging … for state-protected conduct. We just want to grow marijuana.”
Commissioner Jay Bardell made the motion to recommend the township board deny the rezoning and the motion was seconded by Clark. Although not all the commissioners said “aye” out loud, there were no “nay” votes.
The rezoning recommendation was sent on to the township board for the final vote which occurred on Aug. 23.
In other business at the township board’s Aug. 23 meeting, the board:
• Approved the first reading of the amended dog ordinance 5-F Regulations of Dog Ownership, Licensing and Regulations Pertaining to Dangerous Animals;
• Approved the district library board to hold a public forum at 7 p.m. Oct. 12 at the township hall board room to disseminate information on the ballot proposal;
• Approved allowing the library committee to use the DPW office building at 23465 Sumpter Road as a media center if the November library millage is passed;
• Approved the purchase of 15 helmet-mounted flashlights from Time Emergency Equipment at a cost of $1,649.25;
• Approve appointing a committee of John Morgan, Clarence J. Hoffman, Jr. and Maria Beaudrie to interview candidates for a payroll clerk position;
• Approved advertising for a new full-time clerical position;
• Approved five members of Parks and Recreation Commission to attend the Michigan Festival and Events Association Convention Nov. 3-5 in Kalamazoo at a cost for registration and housing not to exceed $2,600;
• Approved advertising for bids for parking lot drains at Fire Station #1 and fixing section of sidewalk of Fire Station #1;
• Was reminded the annual Fire Department Chicken Broil and Corn Roast will be held from noon to 5 p.m. on Sept. 11 and the Don Rochon Memorial Car Show and Enduro Demolition Derby is Sept. 18;
• Agreed to contact the planner and find out how much it would be to start working on an update to the Recreation Plan which has to be updated ever five years;
• Heard a report from State Rep. Bill LaVoy;
• Heard Mary Ban ask Rep. LaVoy if there is any move to rescind Common Core and LaVoy said there is no move to do so, but there is discussion. Ban said several states have rescinded approval of Common Core;
• Heard Kariethea Murry Hanible thank the board members for help with the Sumpter Progressive Civic League’s Back-to-School Family Fun Day which distributed 60 backpacks filled with school supplies and gave $5 gift certificates to Walmart. She especially thanked Deputy Clerk Janet Hoffman for her help getting the fire department to their event. Hanible also noted that there is no recreation at all for children in Sumpter Township and they have to go to Belleville or Romulus. “Maybe we could work together on that,” she said;
• Heard Matthew Ban thank the board for moving forward with changes to the dog ordinance. He then referred to a comment at the last meeting by Wayne County Commissioner Al Haddious that Washtenaw County was faster with road repairs because it was not as big as Wayne County. Ban said Washtenaw County is 797 square miles with 700,000 individuals living there. Wayne County is 619 square miles with 1.8 million people. “There are more people to pay taxes in Wayne County, but other counties are doing more with their money,” Ban said;
• Heard Mary Ban say she was babysitting her son’s dog when she got charged by a huge, brown dog. She said her screaming stopped it in its tracks. “It was ready to lunge from the bushes. By the grace of God it stopped,” she said, adding she is glad the township is putting some changes to the present ordinance; and
• Heard Ronald Barrington Robinson ask if board meeting recordings are edited and he was told they weren’t. He also said there is a lot of money being spent in the warrants and no accountability. “We should know where tax dollars are being spent,” he said. “It’s unacceptable the way it’s being shown.” Supervisor John Morgan said a resident can request a copy of the warrants and it will be provided