In accordance with Gov. Gretchen Whitmer and the Michigan Department of Health and Human Services’ recommendations designed to help prevent the spread of Coronavirus Disease 2019 (COVID-19) and Executive Order 2020-75 declaring that public bodies subject to the Open Meetings Act may use telephone or video conferencing technology to meet and conduct business, the City of Coldwater Planning Commission will hold such a meeting via telephone conferencing at 5:30 p.m. on Monday, June 1, 2020.
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ELECTRONIC PLANNING COMMISSION MEETING ACCESS
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THE PUBLIC HEARING ON MONDAY, JUNE 1, AT 5:30 P.M. WILL BE FOR THE PURPOSE OF CONSIDERING THE FOLLOWING ACTION:
No. RZN20-01 AN ORDINANCE TO AMEND THE CODIFIED ORDINANCES OF THE CITY OF COLDWATER PART TWELVE, PLANNING AND ZONING CODE, TO ALLOW LOCATION OF CERTAIN MARIHUANA ESTABLISHMENTS AS A SPECIAL USE IN THE D-2 HEAVY INDUSTRIAL DISTRICT AND THE C-4 COMMERCIAL DISTRICT
The Zoning Ordinance of the City of Coldwater is hereby amended to reflect the following changes:
Chapter 1260.07(f) Definitions, is hereby amended to add the following definitions:
"Licensee" means a person holding a state license to operate a marihuana establishment.
"Marihuana Adult Use Establishment," or “Adult Use Marihuana Establishment," or "Marihuana Establishment" means a marihuana grower, marihuana safety compliance establishment, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed to operate by the Marihuana Regulatory Agency as authorized by the MRTMA. As used in this ordinance the following terms are defined:
A. “Excess Marihuana Grower” means a special license issued under the Rules promulgated by the Marijuana Regulatory Agency that authorizes the holder of five (5) stacked class C marihuana grower licenses issued by the Agency under the MRTMA and at least two (2) grower class C licenses issued by the Agency under the MMFLA.
B. "Marihuana Grower" means a person fully licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
C. "Marihuana Microbusiness" means a person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are twenty-one (21) years of age or older or to a marihuana safety compliance establishment, but not to other marihuana establishments.
D. "Marihuana Processor" means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.
E. "Marihuana Retailer" means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are twenty-one (21) years of age or older.
F. "Marihuana Secure Transporter" means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
G. "Marihuana Safety Compliance Establishment” means a person licensed to test marihuana, including certification for potency and the presence of contaminants.
All marihuana related terms utilized in these zoning ordinances shall have the same meaning as provided in the MRTMA unless the term is otherwise defined in this Chapter or the context requires a different meaning.
"Marijuana Regulatory Agency" or "Agency" or “MRA” means a Type I agency within the Department of Licensing and Regulatory Affairs (the "Department") with the powers as set out in MCL 333.27001, including but not limited to, all of the authorities, powers, duties, functions, and responsibilities of the Department, including its Bureau of Marihuana Regulation, under the MRTMA, 2018 IL 1, MCL 333.27951 to 333.27967.
“Municipal Marihuana License” means a license issued by the City of Coldwater pursuant to Chapter 880, Marihuana Establishments, Part Eight: Business Regulation and Taxation Code of the Code of Ordinances of the City of Coldwater.
"Person" means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity and the entities included in the definition of "person" in the MRTMA.
"Plant" means any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.
"Rules" means rules promulgated pursuant to the Administrative Procedures Act of 1969, 1969 PA 306, MCLA 24.201 to 24.328, by the Department in consultation with the Agency to implement this Act, which shall include, but is not limited to, the Emergency Rules issued under the Administrative Procedures Act on July 3, 2019.
"Marihuana Establishment Special Land Use Approval" or, unless the context requires a different meaning, "Approval" means special land use approval that is issued pursuant to this Chapter that allows the licensee to operate a specific marihuana establishment as specified in the Marihuana Establishment Special Land Use Approval which may include any of the following as specifically allowed for in specified zoning districts:
A. A Marihuana Grower.
B. A Marihuana Processor.
C. A Marihuana Secure Transporter.
D. A Marihuana Retailer.
E. A Marihuana Safety Compliance Establishment.
G. Excess Marihuana Grower.
Chapter 1291.03, Uses Permitted by Special Land Use Approval in the C-4 General Business District, is hereby amended to add the following subsection:
(m) A Marihuana Retailer subject to a 1,000 foot separation distance between Marihuana Retailers. No Marihuana Microbusinesses or any other type of Marihuana Establishments shall be permitted.
Chapter 1293.03, Uses Permitted by Special Land Use Approval in the D-2 Heavy Industrial District, is hereby amended to add the following subsection:
(o) Adult Use Marihuana Establishments as otherwise permitted in Chapter 880 of City of Coldwater ordinances, including:
A. A Marihuana Grower.
B. A Marihuana Processor.
C. A Marihuana Secure Transporter.
D. A Marihuana Safety Compliance Establishment.
E. An Excess Marihuana Grower.
No Marihuana Retailer or Marihuana Microbusiness shall be allowed in the D-2 Heavy Industrial District.
Chapter 1295.05, Special Land Uses, Specific requirements, is hereby amended to add the following subsection:
(h) Adult Use Marihuana Establishments.
(1) Purpose and Intent. The purpose of this section is to protect the public health, safety, and welfare, and neighborhood character, minimize negative community impacts, and enact effective regulatory and enforcement controls through minimum land use requirements for City permitted Marihuana Establishments in the City of Coldwater. Marihuana Establishments permitted as a special land use under this section shall be only those whose applicants have previously obtained a Municipal Marihuana License as authorized in Chapter 880, Marihuana Establishments, Part Eight: Business Regulation and Taxation Code of the Code of Ordinances of the City of Coldwater. Marihuana businesses have demonstrated a strong demand for storefront spaces, and without separation distances, they will concentrate in clusters. The purpose of the additional separation distances required for Marihuana Retailers in the C-4 General Business District is to avoid the concentration of any one particular use within the district which can be burdensome for reasons of excessive parking needs and/or traffic congestion, and to avoid limiting the type and variety of businesses that might otherwise exist if there is an oversaturation of one type of business and preserve commercial retail viability and variety in the C-4 General Business District. This section is to be construed to protect the public over marihuana establishments and licensee interests. Operation of a marihuana establishment is a revocable privilege and not a right in the City. There is no property right for a person or establishment to engage in or obtain a license to engage in any marihuana commercial enterprise within the boundaries and jurisdiction of the City.
(2) Special Land Use Approval Required.
A. It shall be unlawful for any person to operate an Adult Use Marihuana Establishment in the City without obtaining special land use approval pursuant to the requirements of this section, together with a Municipal Marihuana License as required in Chapter 880, Marihuana Establishments, of the City of Coldwater Code of Ordinances, and any other licenses or permits required by any other federal, state, or local agency having jurisdiction.
B. The issuance of special land use approval pursuant to this section does not create an exception, defense, or immunity to any person in regard to any potential civil or criminal liability.
C. Special land use approval shall be required for each separate Marihuana Establishment licensed or to be licensed to operate by the MRA pursuant to the MRTMA and for each location of any permitted Marihuana Establishment.
(3) Application Requirements. An application for a Marihuana Establishment Special Land Use Approval shall be accompanied by a site plan as required pursuant to Chapter 1265, Site Plan Review, together with any additional information necessary to describe the proposed establishment. At the time of submitting the application for special land use approval, the applicant must have submitted a completed application to the City for a Municipal Marihuana License as set forth in Chapter 880. At a minimum, the following materials shall be submitted as part of a Marihuana Establishment Special Land Use application, in addition to the site plan review application requirements of Chapter 1265.
A. Verification. A signed statement by the applicant indicating the proposed Marihuana Establishment type or types.
B. Consent. A notarized statement by the property owner that acknowledges use of the property for the specified Marihuana Establishment and an agreement to indemnify, defend and hold harmless the City, its officers, elected officials, employees, and insurers, against all liability, claims or demands arising out of, or in connection to, the operation of a Marihuana Establishment. Written consent shall also include approval of the owner and the operator of the Marihuana Establishment for the City to inspect the establishment at any time during normal business hours to ensure compliance with applicable laws and regulations.
C. State License Documents. A copy of official paperwork issued by MRA as follows:
1. For Marihuana Grower, Processor, and Retailer, special land use applications, all paperwork indicating that the applicant has successfully completed the prequalification step of the application for the state operating license associated with the proposed land use.
2. For Marihuana Secure Transporter and Safety Compliance Establishment applications, all paperwork indicating that the applicant has successfully completed the prequalification step of the application for the state operating license associated with the proposed land use, or proof that the applicant has filed such application for the prequalification step with MRA, including all necessary application fees.
3. For all Marihuana Establishment applications, MRA required marihuana facility plans and security plans shall be submitted. Copies of all documents submitted to MRA in connection with the initial license application, subsequent renewal applications, or investigations conducted by MRA shall be made available upon request when such information is necessary and reasonably related to the application review.
D. Proof of Insurance. Evidence of a valid and effective policy for general liability insurance within minimum limits of $1,000,000 per occurrence and a $2,000,000 aggregate limit issued from a company licensed to do business in Michigan having an AM Best rating of at least B++ shall be produced that includes the name/s of the insured, effective and expiration dates, and policy number. The City of Coldwater and its officials and employees shall be named as additional insureds. The City shall be notified of any cancellation, expiration, reduction in coverage, or other policy changes within five (5) business days of the event.
(4) Additional Site Plan Requirements. In addition to the site plan requirements as set forth in Chapter 1265 of these ordinances and as otherwise specified in this section, the following information shall also be submitted:
A. A map, drawn to scale, showing all then existing preschools and K-12 public or private schools near the proposed Marihuana Establishment location and a 1,000-foot isolation radius drawn around the proposed location to show the required setback distance.
B. For a Marihuana Retailer seeking special land use approval in the C-4 General Business District, the map shall show all other City approved special land use Marihuana Retailers and a 1,000 foot isolation radius drawn around the proposed location to show the required setback distance. The filing of an application seeking special land use approval at a location does not foreclose the filing or consideration of another application for another location within a minimum distance requirement outlined in this subsection. However, once special land use approval has been granted for a Marihuana Retailer in the C-4 General Business District, no other application within the 1,000 foot minimum isolation radius shall be further considered.
C. A narrative describing how the enclosed areas with marihuana have been secured and how approved individuals will be given access.
D. A detailed security plan that addresses several measures of security at the marihuana establishment, such as surveillance methods, access control strategies, maintenance, the applicant’s closing procedures after the cessation of business each day, and safety for customers, employees, and neighbors.
E. A lighting plan showing the lighting outside of the marihuana establishment for security purposes and compliance with Section 1296.03 and any and all other applicable City requirements.
F. Existing and proposed building elevations, including building materials, window calculations, descriptions of glass to be used, and other pertinent information that describes building construction or structural alterations.
G. A floor plan of the Marihuana Establishment detailing the locations of the following:
1. All entrances and exits to the establishment;
2. The location of any windows, skylights, and roof hatches;
3. The location of all cameras, and their field of view;
4. The location of all alarm inputs (door contacts, motion detectors, duress/hold up devices) and alarm sirens;
5. The location of the digital video recorder and alarm control panel, including the location of the off-site storage or network service provider for storage of the required copies of surveillance recordings; and
6. Restricted and public areas.
H. The applicant’s procedures for accepting delivery of marihuana at the establishment, including procedures for how and where it is received, where it is stored, and how the transaction is recorded.
I. A plan for facility inspection by the City, which shall include no less than an annual comprehensive fire and security inspection.
(5) General Provisions. Adult Use Marihuana Establishments shall be subject to the following requirements:
A. Building Required. All Adult Use Marihuana Establishments must be within an enclosed, secured building.
B. Separation distances. The distances described in this subsection shall be computed by measuring a straight line from the closest point on the closest property line of the land proposed to used for the purposes stated in this subsection to the closest point on the closest property line on the parcel used as a Marihuana Establishment.
1. The following minimum-distancing regulations shall apply to all Marihuana Establishments. A Marihuana Establishment shall not be located within:
a. 1,000 feet of an existing public or private K-12 School;
b. 500 feet of any property within the AA, A-1, A-2 or A-3 District.
2. In the C-4 General Business District, no Marihuana Retailer shall be located within 1,000 feet of any other existing or approved Marihuana Retailer.
C. Odors. A Marihuana Establishment shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the establishment is not detected by a person with a normal sense of smell outside the building in which it operates, at the exterior of the Marihuana Establishment property line, at any adjoining use or property, on adjacent public rights-of-way, private road easements, or within other units located within the same building as the establishment if it occupies only a portion of the building. Odors must be controlled and eliminated by the following methods:
1. The building must be equipped with an activated air scrubbing and carbon filtration system that eliminates all odors prior to leaving the building. Fan(s) must be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
2. Air scrubbing and filtration systems must be maintained in working order and must be in use at all times. Filters must be changed per manufacturers’ recommendation to ensure optimal performance.
3. Negative air pressure must be maintained inside the building.
a. At a ratio of 1:4 between the air intake (CFM) and exhaust fan (CFM), or a similar ratio as approved by the Planning Commission.
b. A minimum negative pressure of 0.01” water column relative to the building exterior and to adjacent spaces without product.
c. A minimum exhaust rate of 0.2 CFM per square foot of floor area or greater.
4. Doors and windows must remain closed, except for the minimum time length needed to allow people to ingress or egress the building.
5. The Planning Commission may grant an alternative odor control system if a mechanical engineer licensed in the State of Michigan submits a report that sufficiently demonstrates the alternative system will be equal or superior to the air scrubbing and carbon filtration system otherwise required.
D. Hours of Operation. Hours of operation for Marihuana Retailer Establishments shall be limited to no earlier than 9:00 a.m. and no later than 9:00 p.m., Monday through Sunday.
E. Waste. A Marihuana Establishment shall be operated and maintained at all times so that any by-products or waste of any kind shall be properly and lawfully kept and disposed of so as to preclude any risk of harm to the public health, safety, or welfare.
F. A Marihuana Establishment shall not be operated out of a residence or any building used wholly or partially for residential purposes.
G. Any portion of the Marihuana Establishment structure where energy usage and heat exceed typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Fire Department to ensure compliance with applicable fire codes. Any fuel, fertilizer, pesticide, fungicide, rodenticide, herbicide, or other substance toxic to wildlife, children, or pets shall be stored in a secured and locked area and be in compliance with State pesticide laws and regulations.
H. A Marihuana Establishment shall not be operated from a business which also sells alcoholic beverages or tobacco products.
I. No drive-through facilities shall be approved.
J. A Marihuana Establishment shall comply at all times and in all circumstances with the MRTMA and the Administrative Rules promulgated by the MRA and Michigan Department of Licensing and Regulatory Affairs.
K. All necessary building, electrical, plumbing, and mechanical permits shall be obtained for any portion of the structure which contains electrical wiring, lighting, and/or watering devices that support the cultivation, growing or harvesting of marihuana.
L. Strict compliance with any applicable State law, rule, or regulation, this Ordinance, and Chapter 880, are required conditions of any special use permit issued under this section.
M. In the event of any conflict, the terms of this Ordinance are preempted and the controlling authority shall be the statutory regulations set forth by the MRTMA or the rules adopted by the Michigan Department of Licensing and Regulatory Affairs (“LARA” or “Department”) to implement, administer, or enforce the MRTMA.
(6) Effect of Special Land Use Approval.
A. Special land use approval for an Adult Use Marihuana Establishment is valid only for the location identified on the application and cannot be transferred to another location within the City.
B. Special land use approval will not prohibit prosecution by the federal government of its laws or prosecution by state authorities for violations of the Act or other violations not protected by the Michigan Regulation and Taxation of Marihuana Act.
C. Compliance with City ordinances and state statutes and all rules promulgated thereunder is a condition of maintenance of special land use approval. Special Land Use Approval may be suspended or revoked pursuant to Section 8 if such ordinances and/or statutes are violated.
D. Nothing contained herein is intended to limit the City’s ability to prosecute code violations that may have been the cause of the suspension or any other code violations not protected by the Michigan Regulation and Taxation of Marihuana Act.
(7) Denial of Special Land Use Application.
A. Applications that are denied will not be refunded the $5,000 Municipal Marihuana License application fee required in Chapter 880, Marihuana Establishments, Part Eight: Business Regulation and Taxation Code of the Code of Ordinances of the City of Coldwater.
B. Upon denial of the application, the applicant’s proposed location shall not be used to establish separation distances for subsequent applications.
C. If the applicant chooses to re-submit an application, the re-submission will be considered a new application.
D. Denial of special land use application may be appealed to the Zoning Board of Appeals in accordance with the provisions of this Zoning Code. Such appeal shall be filed within ten (10) days of the date of a final decision made by the Planning Commission. Review by the Zoning Board of Appeals shall be limited to Site Plan Conditions, and shall not include review of the Planning Commission’s determinations as to the Basis of Determination as set forth in Section 1295.04.
(8) Violations. Failure to strictly comply with the requirements of this subsection 1295.05(h), the MRTMA, the Marihuana Tracking Act, and all applicable rules promulgated by the State of Michigan regarding marihuana, shall be considered a violation of the Zoning Ordinance.
A. Request for revocation of state operating license. If at any time an Adult Use Marihuana Establishment authorized pursuant to this section violates this Chapter or any other applicable City ordinance, the City may request that LARA revoke or refrain from renewing the establishment’s state operating license.
B. Revocation of Special Land Use Approval. Any approval granted for a marihuana establishment as a special land use may be revoked or suspended automatically for either of the following reasons:
1. Revocation or suspension of the Licensee’s authorization to operate by the state.
2. A finding by LARA that a rule or regulation has been violated by the Licensee. After an automatic revocation of special land use approval, a new Special Land Use Application shall be required for an establishment to commence operation at the same location.
3. Other violations of the zoning ordinance, special land use approval, or conditions imposed thereon by the Planning Commission.
C. Warnings. All special use permit holders under this subsection, and their employees and agents, are presumed to be fully aware of the applicable law; the City shall not be required to issue warnings before issuing citations or other enforcement measure for violations of the special use permit or any applicable City ordinance, or state law or rule.
Severability. The various parts, sections and clauses of the ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected.
Effective Date. This Ordinance shall be effective twenty-one (21) days after adoption and after publication.
If you would like to contact the Planning Commission about this matter, please do so via the email addresses below by 3:30 pm prior to the meeting and if you wish your email to be read at the meeting, please so specify in your email:
• Planning Chairman Aloha Miller: [email protected]
• Planning Member Jeff Budd: [email protected]
• Planning Member Jessika Cole: [email protected]
• Planning Member Aaron Garn: [email protected]
• Planning Member Dave Rumsey: [email protected]
• Mayor Tom Kramer: [email protected]
• Planning Member Michael Beckwith: [email protected]
• Planning Member Chris Stevens: [email protected]
• Planning Member Zack Stempien: [email protected]
The City of Coldwater will provide necessary reasonable auxiliary aids such as YouTube viewing of the meeting complete with Closed Captioning. If other aids and services are needed for individuals with disabilities please contact the City Clerk, at [email protected].
Technical support for this meeting is available by calling the CBPU Help Desk at 517-279-1330.
Comments or questions can be directed to Dean Walrack, Planning & Zoning Administrator at the Neighborhood Services Department at 279-6926, via email at [email protected] or by mail at One Grand Street, Coldwater, MI 49036.