PROPOSED MINUTES LAKETOWN TOWNSHIP PLANNING COMMISSION 4338 BEELINE ROAD ALLEGAN COUNTY HOLLAND, MI (616)

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1 PROPOSED MINUTES LAKETOWN TOWNSHIP PLANNING COMMISSION 4338 BEELINE ROAD ALLEGAN COUNTY HOLLAND, MI (616) October 1, 2014 ARTICLE I. CALL TO ORDER Chairman Bob Cook called the Planning Commission meeting to order at 7:00 P.M. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Bob Cook, Randy Becksvoort, Bob Slikkers Linda Howell James Lorence Al Meshkin Township Manager Ron Bultje Township Attorney Diane Ybarra Recording Secretary ARTICLE II. APPROVAL OF MINUTES The Commission reviewed the minutes of the September 3, 2014 meeting. Following discussion a motion was made by Bob Slikkers and seconded by Randy Becksvoort to approve the minutes as written. Chairman Cook called for a vote on the motion. UNANIMOUS DECISION MOTION APPROVED ARTICLE III. OLD BUSINESS - None ARTICLE IV. NEW BUSINESS A. GOOD INTENTIONS LAKETOWN LLC SPECIAL USE REQUEST Good Intentions Laketown LLC, owner or agent of property located at th Street, that being tax parcel # request a special use permit to establish a medical marijuana provisioning center at this location. Tammy Jacobi of Good Intentions Laketown LLC is requesting the special use permit for a medical marijuana provisioning center at th Street. Ms. Jacobi explained that she has worked as a 1

2 registered nurse for ten years and witnessed the benefits of medical marijuana. Ms. Jacobi provided a statement that included statistics and the current state legislation and guidelines on the topic. The intention would be to completely renovate the building to a new facility with a state of the art security system and adequate parking. Attorney J. Patrick Lennon of Honingman Miller Schwartz and Cohn of Kalamazoo spoke on behalf of Tammy Jacobi stating the facility would be within the zoning ordinance for special use. The renovation of the building would greatly enhance the surrounding area. The facility would mirror that of a medical facility more so than a retail establishment. George Holmes of Parkside Builders provided a drawing of the elevations displaying the building improvements changing the property from mixed use to single use. The renovations will include additional restrooms, new mechanical and security systems. The exterior will provide a new parking lot with ingress/egress, landscaping as required in front and behind for the neighbors. The lower windows will have green wrought iron for security and upper windows will be clear to allow for light. Chairman Cook opened for public hearing. Liz Frankenfield of 549 Ellison, Crystal Lake, IL provided testimony on how medical marijuana has changed the life of her 10 year old daughter who suffers from severe epileptic seizures. The treatment has been a lifesaver for her daughter because pharmaceuticals could no longer help her. She encouraged the board to approve the dispensary so others could benefit from the treatment that has helped her daughter. Del Komejan of 1920 South Shore Drive spoke in favor of the dispensary explaining how medical marijuana has provided relief for the pain that he has suffered from for so many years. He stated that he had been a patient of traditional pain therapy for relief of back and knee pain that no longer worked for him. Medical marijuana had turned his life around and relieved him of the pain he has been experiencing. Current pharmaceuticals are addictive opiates. Consumer reports state the newest pain pill is as addictive as heroin. States allowing marijuana have seen a dramatic drop in the use of such drugs. He would recommend approving the special use request so others may benefit as he has. Correspondence was received from Terry and Sharon Lepley of 136 th stating that they opposed the special use request for a medical marijuana facility. Correspondence was also received from Dee Hudyma of th Avenue in opposition of the medical marijuana dispensary siting it to be an inappropriate location and the potential for increased crime activity. A motion was made by Bob Slikkers and seconded by Randy Becksvoort to close the public hearing. UNANIMOUS DECISION MOTION APPROVED Chairman Cook stated this is not to consider whether or not medical marijuana is beneficial but if this is an appropriate location. He added that the application submitted was done very professionally. Township Attorney Ron Bultje stated from a legal perspective, we are all in agreement that HB

3 is pending and until it is adopted, conditions of the law if passed, will not be available. He does not feel it would be appropriate to take a position of conditional approval until the bill has been passed. Attorney Lennon stated that his client is HB 4271 and understands the position it puts the applicant in. He likened the request to that of a restaurant waiting for liquor license approval. The purchase agreement for the property is contingent upon the approval of the special use permit. Linda Howell stated that this is different than an establishment waiting for a liquor license because that process is already in place. Even if the House does approve HB 4271, there will likely be changes to its final form when it does pass. Ron Bultje stated as drafted now, HB 4271 language would permit the township to disallow dispensaries. The Planning Commission can recommend things to the ordinance but it is the Township Board who makes the final decision. We would need to give the Board an opportunity to weigh in on the decision if the bill is passed. Bob Slikkers stated that while it is the Planning Commission s role to approve requests, it is within the guidelines of the law and at this time the request is not within legal activity. Slikkers also asked if there is a difference between regular marijuana and medical marijuana. Attorney Lennon stated that is client would be willing to accept restrictions set by the Township and understands they could exceed those of the state. Bob Cook stated that if approved, there would certainly be conditions. Again, he would be much more comfortable going to the Board first to get its recommendation. Ron Bultje suggested asking the Board for a specific indication of its position within an established timeframe. Tammy Jacobi questioned how interested the Board would be since they have chosen not to take any action against the dispensary that has been operating in the township for three years. Al Meshkin stated this dispensary is located in C-2 Zoning so there was no need to come before the Planning Commission as the zoning allows for retail. Township deputies have investigated the operation. Ron Bultje stated it would be fair to say that the Township Board has not taken any action as the County Prosecutor has not felt the need to address this issue. Bob Slikkers feels we are a bit out of order to make a decision without consulting the Board and without it approved as legal activity. Ron Bultje stated that all are in agreement that it would be an improvement to the property. My concern is the Township Board approval to weigh in on their opinions. 3

4 Attorney Lennon mentioned reference to the retail component of the ordinances similar to that of a medical office and not a retail establishment. In an effort to collaborate with the Township, we were comfortable bringing it before you but the other argument is that we do not need to be here. If our use is medical we can move forward without your approval. This is a quiet clinic like operation. Bob Cook stated that a medical pharmacy is retail. Bob Slikkers does not recognize such a facility as a medical office. Attorney Lennon responded that it is closer to medical office than retail and felt for the record, we want to preserve the position that we can characterize it as a medical office. Bultje said it is a retail use that would take a special use. Another option would be to take it to the Zoning Board of Appeals to determine if it is a retail use. Bob Slikkers asked to go on the record that not everyone agrees that it is a good use. Bob Cook said he is not comfortable taking a vote on it before the State passes the bill and the Township Board has provided feedback. Bultje asked the applicant if you prefer we table the matter pending resolution to HB 4271 or deny it. Lennon asked not to deny it but table for Township Board feedback and resolution on the state law. Lennon presumes by tabling it tonight it will not restrict his client from getting an interpretation from ZBA. Bultje responded that he can seek interpretation from the ZBA while tabled with the Planning Commission and pending legislative vote. Bob Cook stated he is inclined to table for Board feedback which would also not require an additional public hearing. Linda Howell agreed that she would rather table than deny the request and add to the November agenda for the Board at which time the members would have a complete report from Attorney Bultje with all necessary information. Bob Slikkers said people are not going without it today so it doesn t matter as there are registered care givers in the Township. Tammy Jacobi stated you are not preventing people from getting it but you are preventing us from moving forward because we would be ready to open once the bill is passed but at this point the facility is on hold. Following discussion, a motion was made by Bob Slikkers and seconded by Linda Howell to table the special use pending direction from Township Board, report and resolution created by Township Attorney Bultje and potential passage of HB Chairman Cook called for a vote on the motion. UNANIMOUS DECISION MOTION APPROVED 4

5 B. ULTRA PROPERTIES LLC PLANNED UNIT DEVELOPMENT AMENDMENT REQUEST Ultra Properties LLC, owner or agent of property located on Beeline Road south of 142 nd Avenue, that being tax parcel # and # , requests planned unit development amendment to add an additional lot to the planned unit development on the above mentioned property. Rick Pulaski of Nederveld representing Steve Genzink explained the original P.U.D. was 8 parcels with a possibility of a 9 th. They have decided to move forward with the purchase of additional property to create a 9 th lot. The new plan would still meet the overall requirement of 15% open space, actually at almost 18%. They were also able to address the concerns of Mr. DeHaan to the north putting the entrance road as far south as possible. Chairman Bob Cook opened for public hearing. Amy Haveman of 4138 Old Manlius Road, New Richmond read a statement pertaining to her relationship to the property noted above as the ninth lot Genzink was in the process of purchasing to add to the P.U.D. It would found that the property was formally owned by Ms. Haveman and through a sale to the current seller she had not been fully paid for the parcel. Ms. Haveman went into great detail as to why she felt the property could not be sold to Genzink until she receives payment. This had been an ongoing issue of a land contract sale that was not resolved. Apparently, the property being sold by Haan may still has monies owed to Ms. Haveman. Chairman Cook explained that the request to amend the P.U.D. does not address the issue she is speaking of and the Township Planning Commission cannot take settle the issue she has brought forth nor does it affect the Commission s decision on the amendment request. Theodore Ploehn of 4138 Manlius Road stated that Mr. Haan was making payments but stopped doing so and then started to sell off the land he was supposed to be paying Amy Haveman for and she does not want to see any additional lots sold until she receives payment. Linda Howell read an correspondence of support from Tom Hoekman of nd Street. A motion was made by Linda Howell and seconded by Bob Slikkers to close the public hearing. UNANIMOUS DECISION MOTION APPROVED Steve Genzink spoke to the property at 4219 Beeline Road stating that he has a buy sell agreement with $10,500 down but has not closed on it yet. He was unaware of the issue Ms. Haveman has brought forward. He added that he had never purchased property from Haveman. Bob Cook stated the legal purchase of the one acre is not part of the request here. Bob Slikkers stated that Genzink will have to deal with the clear title issue. 5

6 Amy Haveman thanked the Commissioners for listening to her. She really enjoyed the time she lived in Laketown Township and felt the Board was generous and supportive with her in the past. Following discussion, a motion was made by Linda Howell and seconded by Bob Slikkers to approve the request to amend the planned unit development per the application submitted, in accordance with the report resolution drafted by the Township attorney, contingent upon receipt of a new site plan with a correct date and stating sheet 1 of 1, meeting criteria in the Township Ordinances and, all federal, state, county and township laws and ordinances, and noting that and the verbal representation provided by the applicant at this meeting and in the minutes. Chairman Cook called for a vote on the motion. UNANIMOUS DECISION MOTION APPROVED ARTICLE V. CITIZEN COMMENTS - None ARTICLE VI. ADJOURNMENT A motion was made by Bob Slikkers and seconded by Randy Becksvoort to adjourn the meeting at 8:22 P.M. Chairman Cook called for a vote on the motion. UNANIMOUS DECISION MOTION APPROVED 6