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11-14-2024 Planning Commission Packet
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11-14-2024 Planning Commission Packet
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4 <br /> <br />2. Daycares <br />3. Parks with an item for minor attraction <br />4. Residential treatment facilities. <br /> <br />The 500’ foot buffers would provide for a good number of eligible locations in the City while ensuring <br />that cannabis uses would not be proximate to these places. <br /> <br />Staff requested Bolton Menk generate draft buffer maps which are attached (Attachment 5). <br /> <br />As a note, parks without “attractions for a minor”, such as Veteran’s Park on Little Canada Road, <br />would be exempted from the buffer. <br /> <br />The City is free to increase the buffer from schools or decrease the buffers. If the Planning <br />Commission has a strong difference of opinion, they should provide that feedback. <br /> <br /> <br />Competing Applicant Scoring <br />Under OCM guideline, the City is only provided with 30 days to respond to a retail registration <br />application. If the applicant meets the relevant standards, we are not permitted to deny them. To avoid <br />the process of retail registration being solely first-come-first-serve, Staff have devised a process to <br />allow other interested cannabis retail businesses to submit within an eight (8) day window of the first <br />submittal. Staff have established the following scoring system (Section 827.070, Page 5 of Attachment <br />4): <br /> <br />C. Scoring. Should more than one (1) application be received within the review period, City Staff will <br />review the applications and assign scores based on the criteria provided in this Section. <br />1. Applicants will receive one (1) point for each of the following standards that they meet: <br />(a) If the proposed location will only be used for the retail sale of cannabis. <br />(b) If the proposed location is zoned I-1 – Limited Industrial. <br />2. Applicants will receive (5) points if they meet the following standard: <br />(a) If the proposed location is a single-tenant building, rather than where two or more business <br />uses are located within one structure or on one property. <br />3. In the event of a tie between applicants with the same total points, priority will be given to the <br />highest-scoring applicant who submitted their completed application first. <br /> <br /> <br />Staff have proposed to heavily favor single-tenant buildings due to past experience of odor nuisances <br />with dispensaries in multi-tenant structures/shopping centers. <br /> <br />In Michigan, municipalities were frequently sued over how they handled these types of scoring/review <br />processes. Staff is open to and interested in adding additional standards for the award of points, but <br />whatever standards the City adopts must be measurable or clearly binary to avoid any contestation over <br />the evaluation of applications. <br /> <br />The Planning Commission should consider different preferences they have for the location or operation <br />of retail cannabis operations and we can work to include them for consideration in the event we have <br />competing applicants.
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