Joint New Buffalo Township Board and Planning Commission meeting discusses draft marijuana zoning amendment

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New Buffalo Times

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CITY OF NEW BUFFALO JOHN HUMPHREY, MAYOR CITY COUNCIL MARK ROBERTSON, ROGER LIJESKI, JOHN HUMPHREY, BRIAN FLANAGAN, VANCE PRICE City Council meets on the 3rd Monday of each month at 6:30PM CITY OF NEW BUFFALO PLANNING COMMISSION MEETINGS to be determined NEW BUFFALO TOWNSHIP BOARD PETE RAHM, MICHELLE HEIT, JUDY H. ZABICKI, PATTY IAZZETTO, JACK ROGERS Board meets on the 3rd Monday of each month at 7PM NEW BUFFALO TOWNSHIP PLANNING COMMISSION Meets on the 1st Tuesday of each month at 6:30PM

NEW BUFFALO AREA SCHOOLS BOARD FRANK MAGRO, LISA WERNER, HEATHER BLACK, DENISE CHURCHILL, BRADLEY BURNER, VANESSA THUN CHIKAMING TOWNSHIP CHIKAMING TOWNSHIP BOARD DAVID BUNTE, PAULA DUDIAK, LIZ RETTIG, RICHARD SULLIVAN, BILL MARSKE Chikaming Board meets on the 2nd Thursday of each month at 6:30PM CHIKAMING TOWNSHIP PLANNING COMMISSION Meets on the 1st Wednesday of each month at 6:30PM THREE OAKS THREE OAKS TOWNSHIP BOARD Meets on the 2nd Monday of each month at 7PM VILLAGE OF THREE OAKS BOARD Meets on the 2nd Wednesday of each month at 7PM GRAND BEACH Meets on the 3rd Wednesday of each month at 7PM MARY ROBERTSON, CLERK DEBORAH LINDLEY, BLAKE O’HALLORAN, JAMES BRACEWELL, PETER DOERR, PAUL LEONARD, JR. MICHIANA VILLAGE OF MICHIANA COUNCIL Meets on the 2nd Friday of each month at 1PM

Joint New Buffalo Township Board and Planning Commission meeting discusses draft marijuana zoning amendment

BY FRANCESCA SAGALA

Members of the New Buffalo Township Board and the Planning Commission reviewed a draft zoning amendment regarding marijuana establishments and overlay at a special joint meeting Wednesday, Nov. 30.

Board members had filled out a survey for attorney Laura Genovich of Foster, Swift, Collins and Smith PC (who was present at the joint meeting), to start drafting a marijuana ordinance for the township at their October meeting.

The regulatory ordinance addresses which license types to allow, the application process, consumption rules and any penalties for violations.

The planning commission will be giving a recommendation to the township board regarding the zoning ordinance amendment. Heit said that “if or when that happens,” the zoning amendment will go to the township board and there will be a public hearing, during which the township board will vote on both the regulatory ordinance and zoning amendment.

Regarding buffers, the proposed language in the zoning ordinance amendment could read that facilities or establishments - medical and adult use of any kind - may not be located within

1,000 feet of existing public or private K-12 schools, church licensed daycare centers or public libraries. Buffers will be measured from structure to structure. Genovich said the amendment could also include language that states that facilities Saying that or establishments “may the process is not be on a parcel that “two-fold,” New abuts the R-1, R-2 or MR Buffalo Township zoning district” and that Supervisor Michelle a “parcel does not abut Heit said that there’s a regulatory ordinance through the township board and a zoning amendment. The zoning amendment includes operational requirements “to fill in any gaps in state laws,” such as odor, hours of operation, special land use requirements and criteria to identify eligible parcels. these districts if there’s a highway or railroad.” If it’s a county or township road that separates them then they are abutting them; however, if it’s a freeway or highway or railroad, they aren’t. Board members and planners agreed to change a part of the draft zoning amendment from stating that “collaborative facilities or establishments are prohibited unless faculties or establishments on parcels are owned by the same person or entity to “collaborative faculties or establishments are permitted if approved by the state of Michigan.”

With regards to signage that businesses would be allowed to put up, it was agreed that the regulations set forth in the signage ordinance does apply. The township doesn’t have any control over billboards, as they’re mostly on highways and regulated by the state.

Also being proposed is allowing up to Class C for grows and that there be no stacked grower licenses.

Heit said that two joint meetings have already been held with regards to locations of dispensaries in the proposed overlay.

With regards to U.S. 12 from the city to the state line and along Grand Avenue, board members and planners agreed that retail could be allowed in both Industrial zoned parcels and C-1 districts. Other establishments, such as grow, processing and safety compliance facilities, could be allowed in Industrial districts.

With regards Exit 1 and Harbor Country Drive, retail establishments could be allowed in the Holiday Drive area, which is in the Harbor Country Drive overlay, and on Harbor Country Drive. Retail could also be allowed south of I-94 to the state line, which is all C-1 and C-2.

Regarding the Exit Four area, which could be on both sides of U.S. 12 to Hoder Road, retail establishments and microbusinesses could be allowed.

Planners will set a public hearing on the proposed amendment for possibly their Jan. 3 meeting for the ordinance before recommending it to the board.

The Berrien County Planning Commission will be need 30 days to review the proposed amendment (although that board doesn’t have any veto power and can’t make any decisions), so township board won’t make any decisions until February.