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By James Hanlon
Leader Staff Writer
Two petitions were not enough to stop the Oxford Village Council from approving the second reading of the Adult Use Marijuana Facilities ordinance in a 3-2 vote at its June 8 meeting. Each council member voted the same as they did at the first reading in May. Councilmembers Maureen Helmuth, Allison Kemp and Ashley Ross voted yes, while Village President Kelsey Cooke and Lori Bourgeau voted no.
The zoning ordinance allows, but regulates, recreational marijuana businesses in the I-1 Industrial zoning district, which includes most of S. Glaspie St. south of Scripter Park, and a few parcels in the north of the village around Louck St. and Church St.
The day before the June meeting, village residents Brian Teegardin and Evelyn Archer each submitted a petition opposing the ordinance. Teegardin’s protest petition was meant to require the council to have a 2/3 vote to pass the ordinance instead of a simple majority, in accordance with the Michigan Zoning Enabling Act. A 2/3 vote would require four (instead of three) of the five councilmembers to vote yes.
According to the state law, a protest petition must be signed by at least one of the following:
(a) The owners of at least 20% of the area of land included in the proposed change.
(b) The owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change.
The petition did not meet either of these requirements, according to Village Manager Joe Madore and Village Attorney Bob Davis.
The petition attempted to meet the second option. It was signed by the owners of five parcels from the Oxford Lakes subdivision bordering the I-1 Industrial District, including two strips of private recreational land owned by the Oxford Lakes Association, and three residences on Thornehill Trail, one of which belongs to Teedgardin.
According to Madore, there were two misunderstandings about option (b). First, the land bordering the district outside of the village, in Oxford Township, still counts and must be included in the calculation. Second, it requires the owners of 20 percent of the land area, not 20 percent of the land-owners, to sign. Significantly, that meant one parcel in particular, a large vacant Oxford Township property between Oxford Lake Drive and Hill Top Lane, completely swamped the total land area percentage calculation.
Because the protest petition failed, the council was able to pass the second reading with a 3-2 vote.
The second petition, submitted by Evelyn Archer, consists of 32 pages with 242 signatures canvassed from residents across the village, not just those adjacent to the industrial district. According to Archer, 85 percent of those polled opposed the ordinance.
The petition cites four reasons for opposing the ordinance: The village is too small to accommodate the marijuana industry, the zoning is too close in proximity to residential neighborhoods and park, now is not the right time to risk litigation against the village, and the ordinance undermines the “Small. Done Right” village identity.
The petition was “an example of good footwork” and “a good set of public comments” but didn’t meet or attempt to meet the legal framework of a protest petition, Davis said.
President Cooke said the petition effort “speaks volumes” to her about what the residents want.
During the public comment portion of the meeting, several residents spoke in favor of the ordinance, after comments at the first reading in May were heavily opposed. Councilmember Ross said she was not sure how she would vote going into the meeting, but those positive comments helped sway her.
Teegardin, Archer and others indicated interest in pursuing a referendum, to let the village residents vote on it. “We are evaluating the city’s interpretation of the protest petition rules with a zoning expert and will be deciding on our next steps following,” Teegardin later wrote in an email.
The ordinance takes effect Aug. 2. Ordinances are usually effective 30 days from publication. The August date gives the public a little extra time to put a referendum forward.
According to the village charter, “a referendary petition shall be signed by not less than 15 percent of the registered electors of the Village.” Village Clerk Tere Onica said there are currently 2,653 registered voters in Oxford Village.
Once the council receives a referendary petition, it must either repeal the ordinance within thirty days or determine to submit the proposal to the electors of the village. If the council decides to submit it to the voters, it must be put on a ballot with within 180 days. Since there is no upcoming election, a special election would have to be scheduled within 180 days.
The adult use facilities ordinance allows five types of marijuana facilities: microbusiness, processor, retailer, safety compliance facility and secure transporter. It prohibits large-scale grower facilities. Microbusinesses are allowed to grow up to 150 marijuana plants.
Retailers and microbusinesses can only be open from 9a.m. to 9p.m. No smoking, inhalation, or consumption of marijuana shall take place on the premises of any marijuana facility.
All facilities must have a plan for odor control, waste water and security. All activities must be conducted indoors, within an enclosed structure. A greenhouse is not considered an enclosed structure for the purposes of the ordinance.
Businesses must be approved by the Marijuana Regulatory Agency of Michigan before applying for a license through the village. They must pay the village an annual fee of $5,000 per license.