Stories indexed with the term ‘medical marijuana zoning’

Ann Arbor planning commission meeting (May 1, 2012): A nearly 3.5-hour meeting was devoted in large part to public commentary – hearings on two projects drew two dozen speakers.

About half of those speakers came out to oppose a parking project for the Chalmers Place Retail Center on Washtenaw Avenue, located next to Paesano restaurant in the former Arbor Dodge lot. The owner – Len Nadolski of Howell – asked to rezone a vacant parcel behind the center to P (parking), from its current single-family residential zoning. He said the center has been unable to lease all of its stores because tenants are concerned about a lack of parking.

Commissioners expressed sympathy for the owner, but voted against recommending the rezoning. The majority of commissioners did not feel that the situation warranted overriding the master plan, which calls for that property to be zoned residential. Erica Briggs said the situation added urgency to plans to make the Washtenaw Avenue corridor more safe and amenable to walking and biking.

Eric Mahler cast the lone vote in favor of rezoning. He said he normally wouldn’t support a proposal that was essentially “spot zoning,” but in this case he voted for the plan because he didn’t see any viable alternatives for the owner.

Another project that drew public commentary had previously been recommended for approval by the commission: Maple Cove Apartments & Village development, located on North Maple near Miller Road. The commission had approved the project at its March 20, 2012 meeting. But that vote was rescinded when it was discovered that Scio Township residents on Calvin Street had not been included in an original public notice mailed out for the commission’s March meeting.

Nearby residents voiced several concerns about the project – including density, flooding, aesthetics, traffic and a lack of sidewalks from North Maple back to the seven houses. Those issues were echoed by some of the commissioners, who also complained about the lack of responsiveness from the property owner, Muayad Kasham of Dynasty Enterprises. He has not attended the commission’s meetings to address concerns.

But it was the two proposed entrances off of North Maple – separate entrances for the apartments and the single-family homes – that prompted the most discussion among commissioners, and ultimately the move to postpone. Wendy Woods pointed out that the city’s traffic engineer had advised that a single entrance would be preferable. The city code allows for two entrances, however, based on the property’s lineal frontage. The owner has indicated a commitment to two entrances in order to market the apartments and single-family homes separately, and the city code allows for two entrances based on the property’s lineal frontage.

No date has been set for when the project will next appear on the planning commission agenda.

The commission also approved the city’s 2013-2018 capital improvements plan (CIP), with only minor modifications from the previous year. But commissioners voted to postpone action on a master plan update – they’re expected to discuss it at a retreat set for Tuesday, May 29.

The final item of the meeting was dispatched quickly, as commissioners recommended rejecting a proposed revision to the city’s medical marijuana zoning ordinance. The proposal – recommended by the medical marijuana licensing board – was to strike one sentence from the zoning ordinance: “Medical marijuana dispensaries and medical marijuana cultivation facilities shall be operated in compliance with the MMMA (Michigan Medical Marijuana Act).” Commissioners expressed caution about the implications of eliminating the sentence, with Mahler stating that the change would authorize illegal uses, and would have severe consequences for the city. [Full Story]

On a unanimous vote, the Ann Arbor planning commission recommended denial of a proposed change to the city’s zoning code for medical marijuana dispensaries and cultivation facilities. The vote came at the end of the commission’s May 1, 2012 meeting.

The city’s medical marijuana licensing board had recommended one change – to strike the following sentence from the zoning ordinance: “Medical marijuana dispensaries and medical marijuana cultivation facilities shall be operated in compliance with the MMMA (Michigan Medical Marijuana Act).” [.pdf of the recommended zoning ordinance change]

The board’s recommendation had been sent to Ann Arbor city council. But at their April 2, 2012 meeting, councilmembers voted 9-1 to instead direct the planning commission to review the medical marijuana zoning ordinance. … [Full Story]

At an April 2 meeting that lasted until midnight, the Ann Arbor city council handled several agenda items that could affect continued patient access to medical marijuana in Ann Arbor. The meeting also featured extensive public commentary on the topic of medical marijuana. In advance of publishing the full meeting report, The Chronicle offers this analysis of some of the medical marijuana-related issues that were discussed.

Most notably, the meeting featured remarks from city attorney Stephen Postema indicating that he believes medical marijuana dispensaries should not be in business now because they lack licenses: “… [dispensaries] can’t operate right now, they’re not allowed to operate at all – without a license.”

That contradicts the city’s ordinance, which allows dispensaries to operate while their license applications are still pending. (The city is still in the process of issuing its first licenses for dispensaries.) From the ordinance: “The medical marijuana dispensary may continue to operate pending final action on the application unless the Building Official determines that it must be closed for safety reasons.” When The Chronicle sent Postema an emailed query questioning the accuracy of his statement, he responded by insisting his statement was accurate. However, Postema declined to provide any foundation for his feeling that dispensaries lacking a license – even those with applications pending – are not allowed to operate by dint of having no license.

If dispensaries are assumed to be operating in violation of the Michigan Medical Marijuana Act, then they would not be allowed to operate – whether they had a license or not. However, at the April 2 meeting Postema did not identify a basis for such an assumption. He stopped short of describing an interpretation of a recent Michigan court of appeals ruling (the McQueen case) as banning all dispensaries, but said the ruling presented “severe difficulties” for dispensaries.

The council’s deliberations on Monday night can be understood in the context of a struggle between the city attorney’s office on the one hand, and some members of council and the medical marijuana licensing board. The struggle relates to who has the decision-making authority for awarding licenses, and when those licensing awards should be decided. From a formal, procedural point of view, it’s not an open question: The licensing board makes recommendations to the city council, which has the ultimate decision-making authority. The board has already recommended that licenses be awarded to 10 different dispensaries.

However, from a practical point of view, the council will act only under the advice of the city attorney’s office. Since the licensing and zoning ordinances were enacted by the city council last year, Postema has proceeded in a way that reserves a role for city staff in the licensing process that has an uncertain basis in the actual ordinances approved by the council. Revisions to those ordinances, meant in part to address some of those uncertainties, were part of the council’s April 2 agenda.

Here’s a summary of the outcome on medical marijuana issues at the April 2 meeting: (1) the council unanimously postponed consideration of licensing ordinance revisions until June 18 – the council’s second meeting that month; (2) on a 9-1 vote, the council approved giving direction to the city planning commission to review the zoning ordinance; and (3) on a 6-4 vote, the council tabled a resolution directing the city attorney to delay enforcement activities against dispensaries. A tabled resolution will demise if it’s not brought back off the table in six months.

Deliberations suggested in sum that the current arrangement in Ann Arbor, under which patients are still able to get medical marijuana from dispensaries, will persist at least until the city council votes on licenses. But the timing of that vote appears fairly uncertain, given the mixed signals currently being sent by the city attorney.

Provided in this article is analysis of some of the local issues related to medical marijuana licensing and zoning. The analysis culminates by showing how the interpretation of a single requirement in the city’s zoning ordinance – that dispensaries adhere to the Michigan Medical Marijuana Act – makes a significant difference in who makes the practical decision on whether dispensaries receive a license and can legally operate, and where the burden of proof lies for MMMA conformance. [Full Story]

Ann Arbor planning commission meeting (Aug. 16, 2011): Two zoning-related requests on South State Street received mixed responses from planning commissioners, amid calls for a formal study of that corridor.

One request was the first tied to the city council’s recent approval of zoning regulations for medical marijuana dispensaries. The operator of Treecity Health Collective, a dispensary at 1712 S. State, asked that the location be rezoned from O (office) to C1 (local business). In June 2011, the council approved amendments to the city’s zoning ordinances that prevent medical marijuana dispensaries from operating in office zoning districts. Rather than relocate the dispensary, the operator was asking for the zoning change. The property is located on the west side of State, south of Stimson.

While expressing sympathy for the operator, commissioners recommended denying the rezoning request, noting that the master plan calls for an office district in that area. It will now be forwarded to the city council for final action.

The commission considered a separate request for nearby parcels on the opposite side of South State, where the new Biercamp Artisan Sausage and Jerky opened about a month ago. The property – 1643 and 1645 S. State St., south of the Produce Station – is in Ann Arbor Township, and requires both annexation and zoning. The commission recommended approval of annexing the land, but postponed a decision on zoning. Biercamp owners are hoping for commercial zoning, which would allow them to expand the retail component of their business. The city’s master plan currently calls for light industrial zoning in that section.

In discussions for both Treecity and Biercamp requests, some commissioners pointed to the need for a comprehensive study of the South State Street corridor. Such a study has been planned, but earlier this year the city council voted against funding a consultant to conduct the work.

In other action, commissioners recommended annexing several Scio Township parcels that are located in a recently expanded well prohibition zone related to the Pall/Gelman Sciences 1,4 dioxane underground plume. Pall is paying for the hook-ups to city water and sewer, according to city planning staff.

Commissioners also recommended approval of a site plan at 3590 Washtenaw Ave., at the southwest corner of Washtenaw Avenue and Yost Boulevard. The plan calls for building a 9,500-square-foot, single-story addition to the existing 15,769-square-foot retail building that currently houses the Dollar Tree. It’s in the spot where Frank’s Nursery formerly operated, along the same stretch that’s part of the Reimagining Washtenaw Avenue project.

Wendy Rampson, the city’s planning manager, gave several updates to the commission. Among them, she noted that four projects previously approved by the city council are now asking for two-year extensions on their site plans: (1) The Gallery planned unit development (PUD) on North Main, at the site of the former Greek Orthodox church; (2) the 42 North residential development at Maple and Pauline; (3) the Forest Cove office building on Miller; and (4) the Mallets View office building on Eisenhower. Those requests are being reviewed by city planning staff.

During his communications from city council, Tony Derezinski, who also represents Ward 2 on council, mentioned that a final meeting for the R4C/R2A advisory committee is tentatively set for Sept. 21. He noted that the 21st is also Saint Matthew’s Feast Day, which he quipped might help the group finish up the project.

One member of that advisory committee is former planning commissioner Jean Carlberg, who received a resolution of appreciation from the commission at the beginning of Tuesday’s meeting. Her term ended June 30 – she served on the commission for 16 years. [Full Story]

In the first such request to the Ann Arbor planning commission following the city council’s approval of zoning regulations for medical marijuana dispensaries, the owner of Treecity Health Collective, a dispensary at 1712 S. State, asked that the location be rezoned from O (office) to C1 (local business). The owner also asked that the area plan requirement for that location be waived.

However, at their Aug. 16, 2011 meeting, planning commissioners recommended denial of the requests, based on a staff recommendation, stating that C1 zoning is not consistent with adjacent zoning, land uses and the city’s master plan.

The Treecity Health Collective opened in 2010. This summer, the Ann Arbor city council approved amendments to the city’s zoning ordinances that prevent … [Full Story]

Ann Arbor city council meeting (May 2, 2011): The city council has postponed its final approval of two local medical marijuana laws at least until June 6. One law addresses zoning and the other handles licensing. With that postponement, the council stretched its formal consideration of medical marijuana regulation in the city to at least a year – it had held a June 7, 2010 closed session on the subject.

On Monday, before the postponements, the council amended both medical marijuana laws, making changes to the versions to which they’d already given initial approval – all city ordinances must receive two affirmative votes at different meetings of the council. Based on the amendments approved Monday night, the votes taken on June 6 will likely count only as the first reading. If the council makes a substantive change to an ordinance after its initial approval, then the ordinance must receive an additional first reading.

Public commentary during the evening included remarks from several medical marijuana advocates, who have become a familiar cast of characters over the past year. One highlight of that commentary included corroboration of a 2004 sidewalk encounter – between a medical marijuana petition circulator and the city attorney – which had been described during public commentary at the council’s previous meeting.

Other public comment at Monday’s meeting focused on the upcoming fiscal year 2012 budget approval, with many of the remarks centered on human services funding. The council had a specific resolution on its agenda that would have allocated funding to local nonprofits that provide human services support – but the council decided to postpone the item. The funding level in the resolution would have been about 9% less than fiscal 2011 funding.

Remarks during the budget public hearing by the president of the local firefighters union focused on the number of deaths due to fire over time. During council communications, Stephen Rapundalo (Ward 2), the chair of the council’s labor committee, reiterated a point he’s made before – that if unions make concessions on their contribution to the city’s health care plan, they can mitigate some (but not all) of the currently planned layoffs.

Public commentary at Monday’s meeting also featured remarks from county clerk Larry Kestenbaum on the following day’s single-issue election, along with an update on possible changes to state election law.

The council unanimously approved the site plan, development agreement, and brownfield plan for Packard Square, a residential development planned for the former Georgetown Mall property. Two days later, the county board of commissioners postponed their approval of items related to the Packard Square brownfield plan.

In other business, the council set a public hearing on a tax abatement for Sakti3; approved several interagency technology agreements that allow for partnership between the city, Washtenaw County and the Ann Arbor Transportation Authority; and postponed consideration of some large vehicle purchases. The council was also introduced to Paul Krutko, new CEO of Ann Arbor SPARK, the local economic development agency.

Also at Monday’s meeting, Washtenaw County commissioner Yousef Rabhi explained how his interest in public service originated in connection with the Buhr Park Wet Meadow project, led by Jeannine Palms. Palms and others involved with the project, which began in 1996, were honored with a mayoral proclamation.  [Full Story]

At its May 2, 2011 meeting, the Ann Arbor city council again postponed two local laws on medical marijuana, one on zoning and another on licensing. Both laws had previously received initial approval, but after approving several amendments to both proposed laws, the council decided to postpone them to its June 6 meeting.

The medical marijuana zoning ordinance received its initial approval by the council at its Oct. 18, 2010 meeting. The delay since the initial Oct. 18, 2010 zoning vote stems from the city of Ann Arbor’s strategy in legislating zoning and licensing of medical marijuana businesses – that strategy has been to bring both licensing and zoning before the city council at the same time for a final vote.

The context for development of zoning regulations was set at the council’s Aug. 5, 2010 meeting, when councilmembers voted to impose a moratorium on the use of property in the city for medical marijuana dispensaries or cultivation facilities. The council also directed the city’s planning commission to develop zoning regulations for medical marijuana businesses.

Subsequently, the city attorney’s office also began working on a licensing system. The council undertook several amendments to the licensing proposal at four of its meetings over the last three months: on Jan. 3, Feb. 7,  March 7 and March 21. The council finally gave its first initial approval to the licensing proposal at its March 21 meeting.

At the May 2 meeting, the most significant amendment to the licensing proposal was to eliminate cultivation facilities from licensing requirements. [.pdf of Michigan Medical Marijuana Act]

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link] [Full Story]

Ann Arbor city council meeting (April 19, 2011): The city council delayed a second and final vote on two local laws that involve regulation of medical marijuana businesses in the city – one on zoning and the other on licenses.

After public hearings on the two medical marijuana laws, the council did not deliberate long in deciding to postpone both votes until its next meeting, on May 2. Substantive amendments that had been presented to councilmembers late that day for consideration made them reluctant to attempt grappling with the amendments in detail. The May 2 vote on the two laws will likely count only as their initial approval, assuming the amendments are adopted at that meeting. The laws would then need an additional final reading after May 2 before they are enacted.

A tweak to the city’s panhandling ordinance was given its second and final approval at the April 19 meeting. That change to the existing ordinance had come as a recommendation from a task force that worked for six months on the issue, following up on a longer effort in the early 2000s that had led to adopting the language in the existing ordinance.

The longest deliberations of the night involved a resolution of instruction to the council’s “mutually beneficial” committee, which is currently negotiating a new contract under which the Ann Arbor Downtown Development Authority would continue to manage the city’s public parking system. The direction given to the committee was not to stay firm with its previous bargaining position, but rather to escalate the city’s expectations for revenues from the public parking system.

Previously, the city’s committee had taken the position that the city should receive 16% of gross parking revenues in the first two years of a 10-year contract, and 17.5% in remaining years. That compared with the DDA’s position that the city should receive a flat 16% across all years. But at the meeting, the council voted to direct its committee to take the position that the city should receive a flat 18%. The council’s deliberations included comments directed towards the DDA that could fairly be described as inflammatory.

Called to the podium to comment on the parking revenue figures and the DDA’s overall financial health was the city’s chief financial officer, Tom Crawford. Later in the meeting, Crawford was appointed interim city administrator, effective April 28. Current administrator Roger Fraser is leaving the post to take a job as a deputy treasurer for the state of Michigan.

Although councilmembers did not comment on it, Fraser was attending his last meeting of the council as city administrator. And in his final major act, he gave a formal presentation to the council of his proposed fiscal year 2012 budget, as required by the city charter. The charter stipulates that the council will need to amend and approve the budget by May 16, its second meeting that month. [Full Story]

At its April 19, 2011 meeting, the Ann Arbor city council postponed votes on both the zoning and licensing ordinances that were before the body for their final votes. The number of amendments that had been proposed by councilmembers and the city attorney’s office as late as the afternoon of April 19 led the council to delay the votes on both measures until May 2. If proposed amendments are passed on May 2, it would likely reset both ordinances to their first reading, which would require that they receive an additional second reading.

The medical marijuana zoning ordinance received its initial approval by the council at its Oct. 18, 2010 meeting.

The delay since the initial Oct. 18, 2010 zoning vote stems from the city of Ann Arbor’s strategy in legislating zoning and licensing of medical marijuana businesses – that strategy has been to bring both licensing and zoning before the city council at the same time for a final vote.

The context for development of zoning regulations was set at the council’s Aug. 5, 2010 meeting, when councilmembers voted to impose a moratorium on the use of property in the city for medical marijuana dispensaries or cultivation facilities. The council also directed the city’s planning commission to develop zoning regulations for medical marijuana businesses.

Subsequently, the city attorney’s office also began working on a licensing system. The council undertook several amendments to the licensing proposal at four of its meetings over the last three months: on Jan. 3, Feb. 7,  March 7 and March 21. The council finally gave initial approval to the licensing proposal at its March 21 meeting. [.pdf of Michigan Medical Marijuana Act]

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link] [Full Story]

Ann Arbor city council meeting (March 21, 2011): In its highest profile business of the evening, the council finally gave its initial approval to a licensing plan for medical marijuana businesses.

The council has now been formally considering the new licensing ordinance for three months. The ordinance will next come before the council at its Tuesday, April 19 meeting for final approval. Also on April 19, the council will take a final vote on a zoning ordinance that would apply to medical marijuana businesses. The moratorium on use of property in the city for medical marijuana businesses – originally enacted on Aug. 5, 2010 to last for 120 days, but subsequently extended – was extended again at Monday’s meeting through June 30, 2011. [.pdf of medical marijuana licensing ordinance as amended on March 21, 2011]

In a lower-profile but logistically significant move, the council voted to move its second meeting of April from Monday to Tuesday, April 19, because sundown on that Monday marks the start of the week-long Passover celebration in the Jewish tradition.

Other business conducted by the council included: (1) approving a recommendation for non-renewal of a liquor license for the Fifth Quarter; (2) authorizing transfer of $90,000 to the Ann Arbor Downtown Development Authority to improve a public plaza near the Forest Street parking structure; (3) setting a public hearing to establish an industrial development district that could lead to tax abatements for the firm Sakti3; (4) authorizing a letter of support for a Washtenaw County grant application to the state for acquisition of a natural area; and (5) authorizing the city’s own application to the state for grants to support park improvement projects and a new skatepark.

Council deliberations on the park improvement grant applications resulted in the prioritization of a grant to support construction of the skatepark over one to support improvements to the Gallup park canoe livery. The city hopes both grants will be approved by the state.

The council also heard a presentation on a plan for the Millers Creek area, and later in its meeting adopted the plan. It could eventually lead to establishing the creekshed formally as a “drain,” in the sense that the county water resources commissioner (formerly the drain commissioner) uses the term. That designation will increase the area’s eligibility for various funding mechanisms to pay for projects there.

The council heard a presentation from its street outreach task force, summarizing its work over the last six months. That work includes a proposed revision to the city’s panhandling ordinance, which the council will begin considering at its April 4 meeting.

The council also passed a resolution establishing a search committee for a new city administrator. The committee will bring a recommendation to the council at its April 19 meeting on an interim administrator, who will assume responsibilities when current city administrator Roger Fraser departs at the end of April.

The city’s IT director, Dan Rainey, was on hand to receive a Digital Cities award recognizing the city’s efforts to improve services through digital technology. Fraser mentioned during his communications time that the council’s meetings are now being streamed live over the Internet: CTN Channel 16 Live. [Full Story]