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News (Media Awareness Project) - US MI: Council Approves Zoning Ordinance for Marijuana
Title:US MI: Council Approves Zoning Ordinance for Marijuana
Published On:2010-12-08
Source:Sentinel-Standard (Ionia, MI)
Fetched On:2011-03-09 18:39:11
COUNCIL APPROVES ZONING ORDINANCE FOR MARIJUANA

IONIA, Mich. - After two moratoriums and lengthy discussions in
Ionia's Planning Commission and council chambers, Ionia City Council
members approved zoning ordinances for medical marijuana use at
Tuesday's meeting.

The vote was 6 to 3, with council members John Milewski, Gordon
Kelley and deputy mayor Kim Patrick voting against the proposal.

Before voting, council members heard a presentation and were able to
ask questions of representatives from the Hubbard Law Firm from Lansing.

Kelley said he felt that after hearing the presentation and receiving
more information, planning commission members could have further
defined the ordinances with a second moratorium, which would not end
until March.

"I would like to see if we could send this back to the planning
commission to tighten it up," said Kelley. I think, given the legal
information we have, we can get those hammered down."

Council members have spent nearly a year discussing the "Medical
Marihuana Act."

The ordinance will regulate marijuana use in the city by not allowing
marijuana facilities in all zoning districts, and it can only be
transferred between a qualifying patients living in the same
dwelling, or a primary caregiver and the registered qualifying patients.

It is only allowed in a one-family, two-family or multiple-family
dwelling, and no more than 72 plants can be cultivated in any unit.
Plants can also only be cultivated in an enclosed locked facility and
plants cannot be visible from the exterior of the building.

Marijuana may not be cultivated in an accessory structure like a
detached garage, shed, greenhouse or barn.

"We are not prohibiting, but we are zoning it," said council member
Matt Johnson.

Even though the ordinance was approved, the planning commission can
still look at amending the zoning regulations to be more specific.

"We have spent a year, we did not rush into this, and we are getting
valuable input tonight," said Ionia Mayor Dan Balice. "To me, this is
hard. (Residents across the state) overwhelmingly approved medical
marijuana, and we have to as a council (regulate). I think we are
regulating it as safe as we can."

Also at the meeting, council members approved the Rail to Trail
Planning Service bid, and selected the firm Prein and Newholf.

Even though they were not the lowest bid, representatives from the
Michigan Department of Natural Resources and Environment, the Village
of Saranac and Ionia City Manager Jason Eppler selected the firm
based on several reasons.

The reasons included that the firm offered the most comprehensive and
in-depth culvert and trestle inspection and analysis, closely matched
the objectives of the grant and demonstrated creating an identity for
the trail segments.

"We looked at a variety of things," said Eppler . "They took us
farthest along the way to a construction plan. Some lower bidders
were not that innovative."

The planning will be fully funded from a MDNRE grant totaling
$65,000, and the firms bid cost was $58,000.

Council members also approved a liquor license transfer request for
113 S. Depot St. to have a Tavern License with Dance Permit, the
Michigan Department of Transportation contract for the Dexter Street
reconstruction project and approved the first reading of an amendment
to the Planned Unit Development zoning district.

The PUD amendment will have a public hearing scheduled at the January meeting.

If approved, the amendment will remove the minimum size for a parcel
in order to be rezoned as a PUD.

Eppler explained that this amendment was prompted by Resurrection
Life Church's proposed expansion project, although passing of this
ordinance will not guarantee the project moving forward.

The approval of the introduction and first reading was passed with a
6 to 3 vote, with council members Milewski, Jeff Winters and Johnson
voting against.
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