Item Coversheet

Ordinance

NO. 13-2019

An Ordinance to adopt a package of ordinances that will allow six adult use (recreational) marihuana facilities pursuant to the Michigan Recreational Taxation of Marihuana Act (MRTMA) of 2018.

BATTLE CREEK, MICHIGAN - 10/1/2019

The City of Battle Creek Ordains:

 

Section 1. An Ordinance to adopt a package of ordinances that will allow six adult use (recreational) marihuana facilities pursuant to the Michigan Recreational Taxation of Marihuana Act (MRTMA) of 2018, as set forth in Exhibit A, attached hereto.

 

Section 2. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.

 

Section 3. All Ordinances or parts of Ordinance in conflict with any of the provisions of this Ordinance are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.

 
Section 4. Except as otherwise provided by law, this Ordinance shall take effect seven (7) days from the date of its publication, in accordance with the provisions of Section 401 of the Michigan Zoning Enabling Act.








I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on October 1, 2019.


Victoria Houser

Battle Creek City Commission
10/1/2019
Action Summary

Staff Member: Christine Zuzga, AICP, Planning Manager 
Department:Planning 
SUMMARY 
An Ordinance to adopt a package of ordinances that will allow six adult use (recreational) marihuana facilities pursuant to the Michigan Recreational Taxation of Marihuana Act (MRTMA) of 2018.
BUDGETARY CONSIDERATIONS

An applicant would be required to apply for a City license, such fee to be established in the Fee, Bond, and Insurance schedule. Per the MRTMA of 2018, such fee shall not exceed $5,000 annually. An applicant would also be responsible for any trade permits and site plan review fees. 


HISTORY, BACKGROUND and  DISCUSSION

The attached staff report to the Planning Commission, Exhibit B, outlines each of the uses being reviewed as part of this draft ordinance, a comparison to how the City regulates similar medical marihuana businesses, and other State regulations concerning these uses.

The package of zoning ordinance amendments will permit by right the following facilities:

Grower and Processor permitted in the following zoning districts when located 1,000 feet from properties used as a church, day care, park, school, or residential use, measured from property line to property line:

I-1 Light Industrial zoning district

I-2 Heavy Industrial zoning district

Secure Transporter permitted in the following zoning districts when located 1,000 feet from properties used as a church, day care, park, school, or residential use, measured from property line to property line:

C-3 Intensive Business District

I-1 Light Industrial District

I-2 Heavy Industrial District

Safety Compliance Facility permitted in the following zoning districts when located 1,000 feet from properties used as a church, day care, park, school, or residential use, measured from property line to property line:

C-3 Intensive Business District

C-4 Central Business District

I-1 Light Industrial zoning district

I-2 Heavy Industrial zoning district

Retailer permitted in the following zoning districts when located 1,000 feet from another retailer, provisioning center, and microbusiness, measured from property line to property line:

C-2 General Business District

C-3 Intensive Business District

C-4 Central Business District

C-5 Planned Shopping Districts

C-6 Major Highway Interchange Business District

C-7 Street Level Retail District

Microbusiness permitted in the following zoning districts when located 1,000 feet from another microbusiness, retailer, and provisioning center, measured from property line to property line:

C-2 General Business District

C-3 Intensive Business District

C-4 Central Business District

C-5 Planned Shopping Districts

C-6 Major Highway Interchange Business District

Each of the facilities are defined in the attached staff report to the Planning Commission. A draft licensing ordinance will also be presented to the City Commission for introduction; the licensing and zoning ordinance are intended to work in tandem and should not be adopted independently from one another.


DISCUSSION OF THE ISSUE

POSITIONS

A public hearing was held at the August 28, 2019 Planning Commission. After discussion by the Planning Commission, a motion was made and seconded to recommend to City Commission introduction of the draft package of ordinances to allow adult use (recreational) marihuana facilities as outlined in Exhibit A. The motion passed 5-1.

ATTACHMENTS:
File NameDescription
Draft_zoning_for_MRTMA_to_PC_bothversions.pdfExhibit A Draft Language - Adult Use Marihuana
MRTMA_Staff_Report_and_Maps.pdfExhibit B Staff Report to the PC and Maps rev