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Home My WebLink AboutMM Commission Packet - 1st Class 8-2 Timeline First Class, Inc. 4215 North Grand River Lansing, Michigan 48906 December 15, 2017 — Application submitted with Zoning Addendum.....................1 December 21, 2017 — Department Review of Applications Begins February 1, 2018 — Zoning Denial Email (Redacted)...................................................6 February 2, 2018 — Denial Letter sent from Office of Clerk......................................10 February 16, 2018 — Appeal letter submitted by applicant's attorney...................12 February 16, 2018 — Appeal submitted by applicant's attorney..............................13 February 28, 2018 — Appeal to Hearing Officer March 16, 2018 — Request for additional info letter sent from Office of Clerk.....15 April 6, 2018 — Hearing Officer contacted by applicant's attorney.........................17 April 6-11, 2018 — Additional information request by Hearing Officer...................49 April 11, 2018 — Attorney email to Hearing Officer with attachment.....................53 April 19, 2018 — Hearing Officer Denial ......................................................................55 April 20, 2018 — Hearing Officer Denial Letter sent...................................................56 May 18, 2018 — Commission Appeal submitted.........................................................58 ADDENDUM TO PETITION FOR RE-ZONING BY APPLICANT FIRST CLASS, INC. December 15, 2017 If so, please describe and/or explain the specific land use proposed for this property: Applicant will apply for licenses under MCI_ §§ 333.27101 et seq., and is currently applying for licenses under the Lansing Code of Ordinances §§ 1300.01 et seq. Applicant intends to operate a medical marijuana provisioning center in full compliance with all state and local laws and ordinances. See also attached Certificate of Occupancy (for Subject Property). Explain what changes or changing conditions make the passage of this rezoning necessary: Lansing Code of Ordinances § 1268.02(I) provides that in an F or F-1 Commercial District, the following principal use is permitted, "[a] medical marihuana establishment, as specified in Chapter 1300." (Ord. No. 735, 11-24-86; Ord. No. 1168, § 1, 6-27-11). As explained, Applicant intends to apply for licenses and thereafter operate a lawful medical marijuana establishment; however, the property must be re-zoned from D-1 to F or F-1 to be compliant with the Lansing Code of Ordinances, thus necessitating this proposal. Comment on other circumstances which justify the amendment: The instant zoning amendment is justified because it is consistent with adjacent land uses and the Design Lansing Comprehensive Plan, Adjacent to the Subject Property is a small grocery and convenience store, zoned F (parcel 252-221-4209). In addition, the proposed amendment is compliant with key aspects of the Design Lansing Comprehensive Plan. For example, the "Future Land Use" Map designates the Subject Property as "Suburban Commercial", as does the "Economic Concepts for Change" Map. The Comprehensive Plan describes Suburban Commercial uses as including retail and automobile uses, primarily. See Comp. Plan., pg. 60 ("In addition to retail and automobile-oriented uses, higher-density residential, office, research and light industrial should be encouraged on suburban commercial corridors, especially those that serve as major transit corridors (see Chapter 6. Transportation."), Thus, the proposal to re-zone the Subject Property to a Commercial District is consistent with the economic development and land uses contemplated by Comprehensive Plan. As a final matter, Applicant observes that one of the many goals of the Comprehensive Plan is to enhance green space and soften the visual impact of large paved areas. Although Applicant's parking lot is already behind the building, to the extent Applicant can further the City's goal with the City's preferred design modifications, the Applicant will do so. Page I 1 -1- 14 PETITION FOR RE-ZONING Reset Form CITY OF LANSING Print Form PLANNING OFFICE A cl 'l ct , ICA IRI*It 0'1 Virg Bernero A Mayor FILE NUMBER: DATE SUBMITTED: To the Honorable Mayor and City Council: The undersigned do hereby petition for approval to rezone the following described property: 4215 N.Grand River,Ave.,Lansing, Michigan 48906,Parcel 33-01-01-06-252-231 (Subject Property) Street address,including zip code,of property to be rezoned From D district to F or F-1 district. Legal Lot 99 Northwestern Sub No.3 (1 description: "A Applicant: First Class,Inc. Address(includingzip code): c/o JoslIn Monahan 3001 Orchard Vista Dr.SE,Grand Rapids 49546 ione number(s): 406-529-8424 Fax number: 616-454-8618 Email: joslin.monahan@gmail.com Name of owner- Oliver Building, LLC Address(including zip code): PO Box 80701 Lansing,Michigan 48908 Phone number: 517-242-6312 Interest in Property(please checkone): Option to buy F7, owner rx- Lessee Represent owner F- other(please specify): IF MORE SPACE IS NEEDED FOR THE ITEMS LISTED BELOW,PLEASE ATTACH EXTRA SHEETS Do you have a specific plan for using this property? rX' Yes 17 No if so,describe and/or Please see Addendum explain the specific land use proposed for this property: -2- Please answer the following: (— Check here if residential Number of bedrooms: Bedrooms #of Units Total Bedrooms Efficiency One bedroom Two bedrooms Three bedrooms TOTAL UNITS #of accessible onsite parking spaces: (x Check here if non-residential Number of employees(largest shift): 8-9 Number of accessible onsite parking spaces: 1 1 Hours and days/week of operation: Mon.-Sat. 1 1 am to 9pm;Sun. 12pm to 7pm ....plain what changes or changing conditions make the passage of this rezoning necessary: See Addendum Comment on other circumstances which justify the amendment: See Addendum A site plan is always helpful in analyzing the pe1Wgn to rezone land. A site plan,if appropriate at this time,should be attached to each copy of not less than 1 100',identifying the land which would be affected by the rezoning,the existing zoning classification of all abutting land within 300 feet,all public and private rights-of-way and easements. also,show the proposed development on the land with setbacks,access points,locations of accessory structures,trash receptacles,and parking spaces. A Landscape Screening and Buffering plan must be submitted in accordance with Chapter 1290. -3- If exhibits are to be furnished late, please indicate date of submittal: 12-15-2017 jibits are not submitted in a timely manner,the petition maybe tabled or the process delayed. FEES: Less than one(1)acre: $500.00 One(1)to three (3)acres: $650.00 Greater than three(3) acres: $800.00 Please have the petition reviewd by and filed with the Planning Office. The Planning Office will transmit it to the City Clerk for official submission. Signature of applicant: rorassistance,please contact: PLANNING OFFICE 316 N. CAPITOL AVE., SUITE D-1 LANSING, MI 48933-1 236 (517) 483-4066 FAX: (517) 483-6036 -rl FIRST CLASS, INC. 06.16 1041 2951 GREENBROOKE LN WEST BLOOMFIELD. M1 4 8324-4 788 9-80n20 MI � H VCE W. DATE 2 -II / _7 11438 , AY TO THE ' ORDER OF ) } r7 61 $ —� DOLLARS Bank of America ACH R/f 072000605 FOR 11000 LO 4 Ln' 1:0 7 200080 5,: 3 7 50 IS 2 7 580 iu' ; -5- Jackson, Brian From: Stachowiak, Susan Sent: Thursday, February 01, 2018 4:23 PM To: Jackson, Brian Cc: Biehler, Deb Subject: RE: which applications are not in the right zone, 4215 N, Grand River and 1106 N. Larch, Susan Stachowiak Zoning Administrator Department of Economic Development & Planning—Planning Office 316 N. Capitol Ave,, Suite D-1 I Lansing, MI 48933 0: 517-483-4085 E: Susan.Stachowiak@lansingmi.gov Website I Facebook I Twitter Instagram -----Original Message----- From: Jackson, Brian Sent: Thursday, February 01, 2018 2:08 PM To: Stachowiak, Susan Cc: Biehler, Deb Subject: which applications are not in the right zone, Susan, which applications are currently in the wrong zone? We are going to deny them, but I want to make sure we send the letter to the correct applicants. Brian P.Jackson, CMMC Chief Deputy City Clerk City of Lansing 517-483-4135 Fax: (517) 377-0068 Email: brian.jackson@lansingmi.gov Web: www.lansingmi.gov/clerk CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed, If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed, -----Original Message----- From: Stachowiak, Susan -6- Sent: Wednesday, January 24, 2018 8:54 AM To: Jackson, Brian Subject: RE: Susan Stachowiak Zoning Administrator Department of Economic Development& Planning—Planning Office 316 N. Capitol Ave,, Suite D-1 I Lansing, MI 48933 0: 517-483-4085 E: Susan.Stachowiak@lansingmi.gov Website Facebook Twitter Instagram -----Original Message----- From: Jackson, Brian Sent: Wednesday,January 24, 2018 8:00 AM To: Stachowiak, Susan Subject:— Brian P. Jackson, CMMC Chief Deputy City Clerk City of Lansing 517-483-4135 Fax: (517) 377-0068 Email: brian,jackson@lansingmi.gov Web: www.lansingmi.gov/clerk CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Stachowiak, Susan Sent: Monday, January 22, 201.8 3:12 PM To: Jackson, Brian Cc: McGrain, Brian; Sumner, Heather; Swope, Chris; Biehler, Deb; O'Boyle,Amanda Subject: RE: -7- I have reviewed the entire list of applications that are on the Clerk's website for zoning approval and to determine if the those requesting a dispensary license comply with the buffering requirements. All of the license applications satisfy the zoning and buffering requirements with the exception of the following: r would not. First Class, Inc. at 4215 N. Grand River is currently not zoned for a dispensary but there is a rezoning request pending that would allow for it -The rezoning has passed the Planning Board and will go to the City Council at its next meeting for scheduling of a public hearing- a decision will likely be make around the middle to end of March Susan Stachowiak Zoning Administrator Department of Economic Development& Planning—Planning Office 316 N, Capitol Ave., Suite D-1 I Lansing, MI 48933 O: 517-483-4085 E: Susan.Stachowiak@lansingmi.gov Website I Facebook Twitter Instagram -----Original Message----- From- Jackson, Brian Sent: Monday, January 22, 2018 2:03 PM To: Stachowiak, Susan Cc: McGrain, Brian; Sumner, Heather;Swope, Chris; Biehler, Deb Subject: -8- Brian P. Jackson, CMMC Chief Deputy City Clerk City of Lansing 517-483-4135 Fax: (517) 377-0068 Email: brian.jackson@lansingmi.gov Web: www.lansingmi.gov/clerl< CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure, This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Clerk-PRINTER@lansingmi.gov (mailto:Clerk-PRINTER@Iansingmi.gov) Sent: Monday, January 22, 2018 1:04 PM To: Jackson, Brian Subject: ------------------- TASKalfa 4052ci [00:17:c8:4d:75:2f] ------------------- 2 � e ! $ © ƒ 0 g \ f to, a rkk o = L0 _ E» z \ p ¥ 00 } � � \}§ 7 . c § 2f, � k G 7 � � 2 k / 0 CK 2 - o % f!k 7 q E LL / 9 § k in 10 E CD f » o m !)\ k k # 41 / / k m §!} CO ( \ / / \ c / \gg U k / .0 2 \\� .14 0 \ 16 k � \ / § §/a a — E E ƒ7 ® 0 / * ) E§ 3 a \ q e_» o g 2 $ 7 & 7 § \ _ ° `§ CL / \ \}} / n G o m/f Q§ E0 � � §° - me � U m i; § DE _ [ # mwf o � E ))) \ c U) L A f/ § k co E FE" 2A2§§ q -i q ƒ TQ g e /\ k \k §\ tom =zE - $ \\)/� ; ƒ)\\ k § \\ } / ( w§ / \ 2 /t 7'{ 2 � . 7�2 � o &m a a @A22 V) r W w k W -lg- Sr�G t Chris Swope r G Lansing City Clerk cHl4� February 2, 2018 First Class, Inc. 2951 Green Back Lane West Bloomfield, MI 48324 Dear Provisioning Center Applicant, This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4215 N Grand fiver Avenue has been denied. The application has been denied based on the recommendation of the Zoning Administrator because the location of the proposed provisioning center is not properly zoned. Chapter 1300 permits an applicant to seek variance of distance requirements with the license application, but does not permit the application for rezoning to be submitted with a license application. Any necessary rezoning must be completed prior to submitting an application for a medical marihuana license. You have the right to appeal this decision within 14 days of the date of this letter by filing a written statement setting forth fully the grounds for the appeal with the City Clerk's Office. Chapter 1300 provides that should the applicant not receive a license, one-half of the application fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, c9f.14 il",*V Chris Swope City Clerk cc; M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney S. Stachowiak, Lansing Zoning Administrator Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Mic i Ave., Lansing, MI 48933-1695 517-483-4131 1,-11.-377-0068 FAX www.lansingmi.gov/clerk $ clerk@lansingmi.gov EM Wrigley, Hoffman & Hendricks, P.C. Robert A. Hendricks rendricks@wrigleyhoffman.com ATTO R N FYS AT LAW office: 616,454.6611 ext. 102 February 14, 2018 VIA IIAND DE,LIVE,RY Lansing City Clerk's Office Ninth Floor City fIall r,,.. 124 West Michigan Avenue , Lansing, MI 48933-1695 Re: Your letter of February 2, 2018 regarding First Class, Inc.'s ProvisioninjCen`i'er I'�; Application at 4215 N. Grand River Avenue ram, ter. I c` Dear Mr. Swope: a, Please be advised that our firm has been retained to represent Eric Kinaia and First Class, Inc. in connection with their appeal of your denial of their application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4215 N. Grand River Avenue. Please also be advised that my client will file an appeal under Section 1300.15 on or before Friday, February 16, 2018. Very truly yours, WRIGLEY,, HOFFMAN& HENDRICKS, P.C. Robert A. 14cndricks RAI-Ulvl Cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney S. Stachowiak, Lansing Zoning Administrator 3001 Orchard Vista Drive SC12.te 220 • Grand Rapids, MI 49546 Telephone: 616.454.6611 • Fax: 616.454.8618 MMWrigley, Hoffman & ME Hendricks, P.C. Robert A. Hendricks rhendricks@wrigleyhoffman.com ATTORNEYS AT LAW office: 616.454.6611 ext. 102 February 16, 2018 SENT PL4 EMAIL (city.cierk a(J.Imrsingini.gov) Mr. Chris Swope Lansing City Clerk Ninth Floor, City Fall 124 W. Michigan Ave. Lansing MI 48933-1695 Re: Medical Marihuana Provisioning Center Lansing license application for 4215 N. Grand River Avenue Dear Mr. Swope: We represent First Class, Inc. (operating in Lansing as First Class Releaf, "FCR") in connection with its applications for City of Lansing licensure to operate two medical marihuana Provisioning Centers in the City of Lansing. Our client is in receipt of your February 2, 2018 letter denying FCR's application for a license to operate a Medical Marihuana Provisioning Center at 4215 N. Grand River Avenue. The stated basis for your denial of our client's application is that the location is not properly zoned. The denial letter further asserts that any necessary rezoning must have been completed prior to the submission of the license application, We appeal this determination for the following reasons: There is nothing in Lansing Ordinance No. 1217 (Lansing Code of Ordinances 1300.1-.19), or to our knowledge in any other ordinance of the City of Lansing, that addresses the timing of rezoning to accommodate an anticipated future use. Nor is there any requirement in any Lansing ordinance of which we are aware which establishes a requirement that an applicant for a medical marijuana Provisioning Center is required to apply for I rezoning before making such an application. Certainly, nothing in Ordinance No. 1217 prohibits a marijuana business from seeking rezoning. The City of Lansing cannot simply create requirements for use of property without providing due process notification of those requirements to interested participants. The reason for the denial flatly contradicts the explicit instructions our client received from the City of Lansing in early 2017 in connection with a rezoning application our client started and then withdrew. Specifically, on approximately January 4, 2017 First Class, Inc. filed an application to rezone 4215 N. Grand River Avenue from D-l to F or F-1. (We assume a copy of that filed application is contained in your records.) In mid-March 2017 there were phone conversations between my client's business attorney, Joslin Monahan, and Lansing Zoning Administrator Susan Stachowiak about this rezoning application which culminated in an email on March 22, 2017 from Ms. Stachowiak to Ms, Monahan which stated: The (City) Council [Committee on Development & Planning] is going to ask that the 3001 Orchard Vista Drive SE, Su !0 - Grand Rapids, MI 49546 Telephone: 616.454.60�3 Fax; 616.454.8618 www.wrialevhoffman.com applicant agree to a conditional zoning that would prohibit a medical marijuana dispensary on the property so you or whomever is going to attend the meeting should be prepared to respond to that. After receiving this email, attorney Monahan spoke by phone to Ms. Stachowiak and indicated that First Class, Inc. had no objection to Ms. Stachowiak's statement, They discussed Ms. Staehowiak's understanding that the City Council was going to wait until after the City of Lansing adopted its opt-in ordinance before undertaking rezoning considerations. Even a cursory comparison of the stated reason for the denial ("... any necessary rezoning mast have been completed prior to the submission of the license application.") with the email of your Zoning Administrator demonstrates the contradiction the denial represents. Essentially, the condition in your denial would have required our client to have taken an action in the past that would necessarily have resulted in our client being ineligible for a marijuana license under the ordinance. Lansing's current position—articulated in its Feb. 2, 2018 denial letter—contradicts its prior position, or it creates a requirement to have applied for rezoning which would have precluded the issuance of a license. Either way, our client's reasonable reliance on information from the Lansing Zoning Administrator estops the City of Lansing from now demanding rezoning prior to the submission of the License application. We will have substantial evidence to support our appeal of the decision to deny our client's license application in the form of written materials, witness testimony from officials of the City of Lansing and others, and other materials. We expect that the Hearing Officer appointed under 1300.15(C) will make arrangements for an appropriate process for us to submit a more detailed presentation of the basis for our appeal and to present this evidence, FCR desires to continue to serve its medical marijuana patient-clients while abiding by state and local law and guidance. It intends to continue to provide access to those patient-clients pending its appeal, unless the City of Lansing requires otherwise based on existing law or ordinances, and provides appropriate notice thereof to us. Thank you for your attention to this matter. Please feel frce to contact us with any questions or concerns. Very truly yours, WftIGLEY,, HO rFAL4N& HENDRICKS P.C. 1 Robert A, Hendricks RAH/lvl Cc: Joslin Monahan(via email) Eric Kinaia(via email) l4- { & § / f R c 1 « § $ _ k ) \ ) CL % co\ _$ e /) / \ 00 /{! # � 'wo / § k § m 7 -!m 2 f k { 2 j § % 7 }_£) \ ® Q 2 a ® 10 g to o ° ® ° 2 ) t k / w f ° � / c m 2 (a , / $ - / k r e §!z (/ ( § / / D & $ / / c ? t o if} \ /c / mom Q mm 22 % ` ° k � # � f /)` � � / * 2Ea- f U) o_e o - o / o § }of II \ © go \ [ m f § § a G / » f m _o ! R§ § ; / |/ 2 m c q jam~ \ ® E s o U §\7 kS � � \ �� § m ))2 2 J a # ~%{ i� § 2 omq Q ) & ~ ± § 7 § % ° k§5 # c §ref a f / 2 )\-\ U a J w {%}© � � � &kk§ k\ y /K� © u � § _ £ EE §t_22 P k 2 ) 0 0- Ul0 f® o &I/§7 L -15 y�N S I �G Chris Swope Lansing City Clerk CHIGP March 16, 2018 First Class, Inc. 2951 Greenbrooke Lane West Bloomfield, MI 48324 Dear Provisioning Center Applicant, We have received your appeal of the denial of licensure. Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review any information submitted in the appeal as well as information submitted by the City Clerk. The hearing officer will consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all additional information in your written appeal that you would like the hearing officer to consider. Please submit the additional information to the City Clerk's Office within seven (7) days from the date of this notice. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing Cite ("erk's Office Ninth Floor, City Hall, 124 W. Mii-16-1 Ave., Lansing, MI 48933-1695 517-483-4131 $ of r-377-0068 FAX EM Wrigley, Hoffman & ME Hendricks P.C. 'fhomasA. Hoffman hoffman@wrigIeyhoffman.com ATTORNEYS AT LAW office: 616.454.6611 ext. 103 Apri16, 2018 SENT VIA E111IAIL ONI,Y(Nicholns.t(iteti/rinsifrgirri.gm,;cler/c@frutsirrgmigon) Lansing City Clerk City Hall,Ninth Floor 124 West Michigan Avenue Lansing, MI 45933-1695 Re: First Class, Inc. 4215 N, Grand River Avenue Dear Hearing Officer, As you know, my firm represents First Class, Inc. (formerly operating as First Class Releaf, hereafter FCR) in connection with its appeal of the City of Lansing's (Lansing) February 2, 2018 denial of its application for a provisioning center license at 4215 N. Grand River Avenue(the L1215 Application). This letter serves five chief purposes: first, it objects to the appeal process outlined in Chris Swope's March 16, 2018 email; second, the letter requests a process which comports to Lansing's own Ordinance No. 1217 (2017) and with Uallchok V Liquor Contn•ol Comm, 71 Mich App 341; 249 NW2d el 15 (1976); third, FCR requests additional time to obtain documents subject to its FOIA request to the City of Lansing; fourth, subject to and without waiving its objections, FCR responds to the incorrect, unlawful denial of the 4215 Application; fifth, FCR reserves the right to supplement this correspondence with additional materials supporting its appeal. Following a detailed explanation of the factual and procedural background of this appeal, I discuss each of these rive items in detail. FACTUAL ANi) PROCF,DURAL BACKGROUND Since well before Lansing's 2016 moratorium on new medical marijuana dispensaries, First Class Releaf has served Lansing; and Michigan medical marijuana patients at 4215 N. Grand River Ave (Property). During 2016 and early 2017, it appeared that Lansing's forthcoming opt-in ordinance' would designate commercial districts as the location for provisioning centers. As a result, FCR submitted a petition to rezone from D-1 to F or F-1 on or about December 30, 2016. Thereafter, Ms. Susan Stachowiak advised that the Lansing Planning Board would unanimously approve the rezoning application, but that City Council would require certain conditions; in an email dated March 22, 2017, Ms. Stachowiak explained: It needs to go to the City Council Committee on Development & Planning; to schedule a public hearing. That meeting will be held on April 3rd at 4:00 p.m. in the Council conference room, located behind the Council chambers on the loth floor of city hall. The Committee has asked that someone(the owner or his representative) be at that inceting. They also want to know what the intended use is for the building. i have ' It is assumed that the reader is familiar with regional medical marijuana terminology. 3001 Orchard Vista Drive SE, c-il- 220 • Grand Rapids, MI 49546 Telephone: 616.45-17-1 • Fax: 616.454.8618 www.wrigleyhoffman.com been asked that question specifically by the Council and I have simply told them "retail". The Council is going to ask that the applicant agree to a conditional zoning that would prohibit a medical marijuana dispensary on the prope,ty so you or whomever is going to attend the meeting should be prepared to respond to that. Exhibit A; Affidavit of Joslin Monahan,enclosed herewith. ({ As a result of the March 22, 2017, email, counsel for FCR called M.S. Stachowiak, and Ms, ! Stachowiak explained that Lansing City Council would not approve any rezoning related to medical !� marijuana until after the opt-in ordinance was adopted and in effect. Ms. Stachowiak stated that FCR could withdraw its application and resubmit the same, alter the opt-in ordinance was in effect, Based on that representation,FCR withdrew its December 30, 2016 rezoning petition. Lansing's opt-in ordinance was approved by Lansing City Council on or about September 7,2017 and took effect 30 days later, according to its terms. FCR re-submitted its rezoning petition to the Lansing Planning Office on December 15, 2017, prior to submitting its application for a provisioning center license at 4215 N, Grand River Ave. to the Lansing City Clerk on the same day. In January 2018, FCR received unanimous Planning Board approval to rezone the Property from D-t to For F-1. Exhibit B. On February 2, 2018, FCR received an email from Lansing City Clerk stating that its application had been denied and explaining: The application has been denied based on the recommendation of the Zoning Administrator because the location of the proposed provisioning center is not properly zoned. Chapter 1300 permits an applicant to seek variance of distance requirements with the license application, but does not permit the application for rezoning to be submitted with a license application.Any necessary rezoning must be completed prior to submitting an application for a medical marijuana license. Exhibit C. In essence,Lansing has denied FCR's application for doing exactly what Lansing told FCR it had to do, Lansing put FCR in a classic catch-22; if FCR pushed forward with rezoning before the opt-in ordinance, the rezoning petition would be denied because the no medical marijuana related rezoning was to occur prior to the opt-in ordinance enactment. On the other hand, if FCR waited until after enactment (as it did), rezoning would not be completed in time for the December 15 application deadline. On February 15, 2018, First Class, Inc. submitted its EIPP and SAPP applications to LAKA. Exhibit D. On or about February 16, 2018, FCR filed its Notice of Appeal of the February 2, 2018 denial. Then on March 15, 2018, Mr. Nicholas Tate contacted FCR's appellate counsel requesting any additional materials related to FCR's appeal. Exhibit E. The next day, Mr, Clu-is Swope sent an email directly to FCIt, rather than its appellate counsel, which purported to outline the appeals process, The process outlined in Mr. Swope's letter does not follow the appeals process mandated by §1300.15. Mr. Swope's letter-stated: Please note that initial appeals are referred to a hearing officer appointed by the City Cleric who will review any information submitted in the appeal as well as information submitted by the City Clerk. The hearing officer will consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. 3001 Orchard Vista Drive SE e 220 • Grand Rapids, MI 49546 Telephone:616,45 .1 11 - Fax: 616.454.8618 www.wrigleyhoffman,com To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure than you include all additional information in your written appeal that you would like the hearing officer to consider. Please submit the additional information to the City Clerk's office within seven (7)days from the date of this notice. If you have begun business operation pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of temporary operation are satisfied. Exhibit F. On Monday March 19, 2018, unidentified Michigan State Police and I,ARA representatives presented a cease and desist letter to FCR at 4215 N. Grand River. The stated reason for the cease and desist letter was that First Class, Inc. had failed to submit a LARA application. The stated reason was erroneous. Exhibit G. FCR ceased to operate at noon on March 19,2018 and has not reopened. I. DISCUSSION 1. The procedure unilaterallyannounced in Mr. Swoge's M_a1�i 15 I�ttcr violates $1300.I5, which entitles FCR to an in pet•son hearing and evaluation Section 1300,15, Lansing Code of Ordinances,governs appeals of application denials and states in part: (C) APPEAI, OF DENIAL OF AN APPLICATION OR REVOCATION OF A LICENSE-: THE CITY CLERK SHALL NOTIFY AN APPLICANT OF THE REASON(S) FOR DENIAL OF AN APPLICATION FOR A LICENSE OR LICENSE RENEWAL OR FOR REVOCATION OF A LICENSE OR ANY ADVERSE DECISION UNDER 'PHIS CHAPTER AND PROVIDE THE. APPLICANT WITH THE OPPORTUNITY TO BE HEARD. ANI' APPLICANT AGGRIEVED BY THE DENIAL OR REVOCATION OF A LICENSE OR ADVERSE DECISION UIVDER T HIS CHAPTER ALL YAPPEAL TO TIIE CITY CLERIC WHO SHALL APPOINT A HEARING OFFICER TO HEAR AND EVALUATE THE APPEAL AND MAID:A RECOMMENDATION TO THE CLERK SUCH A1113EAL SHALL BE TAKEN BY FILING WITH TILE CITY CLERK, WITHIN 14 DAYS AFTER NOTICE OF THE ACTION COMPLAINED OF HAS BEEN MAILED TO THE APPLICANT'S LAST KNOWN ADDRESS ON THE RECORDS OF THE, CITY CLERIC, A WRITTEN STATEMENT SETTING FORTH FULLY THE GROUNDS FOR THE APPEAL. THE CI.FRK SHALL REVIEW THE REPORT AND RECOMMENDATION OF THE HEARING OFFICER AND MAKE A DECISION ON THE MATTER. THE CLERIC'S DECISION MAY BE FURTHER APPEALED TO THE COMMISSION IF• APPLIED FOR IN WRITING TO TIIIE COMMISSION NO LATER THAN TfIIIi(TY (30) DAYS FROM THE CLERK'S DECISION. THE REVIEW ON APPEAL OF A DENIAL OR REVOCATION OR ADVERSE ACTION SHALL BE BY TFIF COMMISSION PURSUANT TO SECTION 1300.3. ANY DECISION BY THE COMMISSION ON AN APPEAL SHALL BE FINAL FOR PURPOSES OF JUDICIAL REVIEW. THE CLERK MAY ENGAGE PROFESSIONAI, EXPERTS TO ASSIST WITH THE 3001 Orchard Vista Drive SE l j e 220 • Grand Rapids, MI 49546 Telephone: 616.45 �1 • Fax:616.454,8618 www.wrinievhoffman.com PROCEEDINGS UNDER TIIIS SECTION 1300.15. §1300.15(C), Lansing Code of Ordinances(emphasis added). FCR is entitled to have its application both "heard" and "evaluated"by the Hearing Officer; mere submission of documents in the manner proscribed by Mr. Swope's letter violates the ordinance. The rules of statutory construction apply to ordinances. AFSCME Local 25 v Wayne Co, 297 Mich App 489, 497; 824 NW2d 271 (2012) (citing Wayne Co v Wayne Co Retirement Comm, 267 Mich App 230, 244; 704 NW2d 117 (2005)). "When interpreting statutory language, the primary goal is to discern and give effect to the legislative intent that may reasonably be inferred from the language of the statute." Wayne Co, 267 Mich App 230 at 243. When language is unambiguous, courts must apply the provision as written. Id. We accord words used in a provision their common and ordinary meanings and "must 'give effect to every word, phrase, and clause in a statute and avoid an interpretation that would render any part of the statute surplusage or nugatory."' Id, at 244, quoting State Fawn Tire & Cas Co v old Republic Ins Co,466 Mich 142, 146; 644 NW2d 715 (2002). Section 1300.15 specifically mandates that the City Clerk"shall appoint a hearing officer to hear and evaluate" the appeal and make a recommendation. By contrast to the "hear and evaluate" mandate, Mr. Swope's letter strikes the hearing component and states that the evaluation will be based on written submissions only, Re-labeling the hearing a "paper hearing" does not give effect to the substantive requirements that there be both a hearing and an evaluation. If the word hearing is means anything at all, it means an opportunity to present witnesses,to cross examine Lansing officials, and to lay the foundation for documentary evidence. 'I'he meager process of submitting this letter and its exhibits is not a hearing in any sense of the word. FCR is entitled to the process outlined in 1300.15 and respectfully demands a hearing, A hearing is particularly critical where, as here, a basis of the appeal is representations of Lansing officials. Further, in the interest of fairness FCR also requests additional time to submit, as part of its appeal materials, documents subject to an April 2,2018 FOIA request. Exhibit H. 2. Michi ag_n decisional law entitles FCR to a.hearing and evaluation. The section 1300.15 procedure is consistent with analogous Michigan law, which requires a hearing. In Bundo v Walled Lake the Michigan Supreme Court field that the holder of a liquor license has a property interest in such a license and therefore is entitled to due process protection. Bundo v Walled Lake, 395 Mich 679, 686; 23R NW2d 154 (1976). The procedural safeguards that the Court deemed necessary regarduig a decision by the local body to recommend nonrenewal of a license consist of "rudimentary due process". This has been held to require notice of the proposed action and the reasons given for such, a hearing in which the licensee may present evidence and testimony and confront adverse witnesses, and a written statement of findings. Sponick v Detroit Police Dept, 49 Mich App 162, 189; 211 NW2d 674 (1973). Thus, the Court extended the "notice and hearing" protection, afforded under the Michigan Liquor Control Act only to licensees faced with a revocation of a liquor license, to those faced with a recommendation of nonrenewal of the license. By analogy to Bundo, a party faced with non-renewal of a medical marijuana license must be afforded rudimentary due process, which requires an evidentiary hearing. "Phis is consistent with the section 1300.15 "hearing and evaluation" procedure for parties aggrieved by nonrenewal. Notable liere, the Lansing City Council chose to afford the, exact same process to a party aggrieved by denial of a license and to a party aggrieved by non-renewal. Thus, by reason of the plan language of 1300.15,parties aggrieved by denial of an application must also be afforded rudimentary due process, including an 3001 Orchard Vista Drive SE e 220 • Grand Rapids, MI 49546 Telephone: 616.45, �1 • Fax: 616.454.8618 www wrinlavhnffman rnm evidentiary hearing, at which FCR can call and examine Lansing officials, I`CR attorney Joslin Monahan, and Property owner Dick Peffly. FCR objects to the truncated process it has been offered and demands and evidentiary hcaring. As noted, an evidentiary hearing is essential to FCR's estoppel argument(detailed below). 3. Lansing's denial of the_42,15 Application is improper and the Hearing Officer should recommend reversa of such denial. a. The denial violates Or&nance No. 1217 (2017), 1300.1 et seq., Lansing Code of Ordinances, The denial letter contends that any rezoning had to be completed prior to submitting an application. This contention finds no textual support in Ordinance 1217 or elsewhere in Part 12 of the Lansing Municipal Code. At no time could FCR have had any way whatsoever of knowing that Lansing would require rezoning prior to submitting a medical marijuana application, The denial letter unsuccessfully attempts to justify its position on the interpretation that"Chapter 1300 permits an applicant to seek variance of distance requirements with the license application, but does not permit the application for rezoning to be submitted with a license application" but this argument must be rejected. First, the interpretation inserts into the ordinance what is not there; the ordinance simply does not state that it "does not permit the application for rezoning to be submitted with a license application". Michigan law is well established that uncodified licensure requirements are unenforceable.Eg., Mallchok v Liquor Control Comm, 72 Mich App 341; 249 NW2d 415 (1976) (holding that that the commission's denial of an application for a distributor's license was invalid because the denial was based on a commission policy which had not been pronnu[gated or published as a rule or regulation). Second, this interpretation ignores that there is a process for rezoning that is already codified elsewhere in the municipal code. On the other hand, there is no process for seeking relief fronn the Chapter 1300 distance requirements.Therefore, it makes sense that Chapter 1300 expressly provided for a method for relief from the distance requirements. The conclusion to be drawn from the Chapter 1300's silence on rezoning is that such a provision was unnecessary to include because it was already provided for. Likewise, if any inference is to be made from the Chapter 1300 variance provision, the inference is that if an applicant can request a variance from a requirement that would otherwise disqualify an applicant, so too may an applicant seek rezoning from a classification that would otherwise disqualify an applicant. Lansing's stated reason for denial is wholly without legal merit. FCR should be allowed to complete the rezoning process before its application is denied. b, Lansing is estopped from requiring pre-application rezoning of the Property. The Zoning Administrator's representations in early 2017 preclude Lansing from now claiming that FCR should have sought rezoning sooner. Generally, estoppel may arise pursuant to the positive acts of municipal officials which induced plaintiff to act in a certain manner, and where plaintiff relied upon the official's actions by incurring a change of position or making expenditures in reliance upon the officials' actions. Parker v West Bloon felcl, 60 Mich App 583, 591; 231 NW2d 424 (1975). Here, FCR withdrew its rezoning application on the direct advice of the Zoning Administrator, Had the Zoning Administrator not said that City Council would not consider marijuana business rezoning until after the 3001 Orchard Vista Drive SE e 220 • Grand Rapids, MI 49546 'I'elephone: 616.45 ,��. 1 • Fax: 616.454.8618 www.wrigleyhoffman.com effective date of the opt-in ordinance, FCR would not have withdrawn its petition. Further, considering the time required to move through the rezoning process (FCR's December 15, 2018 petition has not yet been noticed for a P&D committee hearing), there was no certainty that any marijuana business could have gone through the rezoning process in the days between mid-September and mid-December. Not only is Lansing's denial letter without legal merit, it also violates basic concepts of notice and fairness. At all times, FCR attempted to do precisely what was required of it under the letter of the law and at the direction of Lansing officials. FCR's appeal must be granted. 4. Reservation and no waiver. By submitting the foregoing, FCR in no way waives any right to object to the noncompliant, unlawful appeals procedure outlined in Lansing's March 15, 2018 letter. FCR also reserves all rights to supplement this letter with information with documents obtained pursuant to its FOIA request. Such supplementation shall not be construed as a waiver of its objection to this noncompliant, unlawful appeals procedure. FCR reserves all rights to pursue any and all other remedies at law or in equity related to the events described above. Veiy U-uly yours, WRIGLEl; HOFFAIMN&HENDRICa P.C. ' �� ,�W1/,1110l- Thomas A. Iloffman "1'A Hllvl Enclosures 3001 Orchard Vista Drive 5 22 ite 220 • Grand Rapids, MI 49546 Telephone: 616.4_ .._iI I • Fax: 616.454.8618 www.wrialevhoffman.com RE: WITHDRAWAL OF REZONING APPLICATION Page I of 10 EXHIBIT RE: WITHDRAWAL OF REZONING APPLICATION D From: Stachowiak, Susan ` Sent: Mon, Mar 27, 2017 at 4:37 nm _ To: Joslin Monahan It has always been zoned "F" Commercial. No bother at all. Thanks Sue Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave. , Suite D-1 Lansing, MI 48933-1238 (517) 483-4085 Planning Office Customer Service Counter. Hours Monday through Friday 8:00 AM to 5:OOPM Web Page www.lansingrni.gov CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sendinq party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Joslin Monahan [mailto:JMonahan@hakimlaw.corn) Sent: Monday, March 27, 2017 3:41 PM To: Stachowiak, Susan Subject: RE: WITHDRAWAL OF REZONING APPLICATION Hi Sue, A follow up: when was 3301 Capitol. City zoned F? Was it rezoned or always F? (Sorry to keep pestering you - and thanks for always getting back to me. . . ) JM From: Stachowiak, Susan [Susan.Stachowiak@lansi.ngmi.govl Sent: Monday, March 27, 2017 8:33 AM To: Joslin Monahan Subject; RE: WITHDRAWAL OF REZONING APPLICATION This email is sufficient. Thanks Sue 23- i,«..,�.n,..., 'A 0 0-W'/nnnnn nhn?w6d=f,1af5ehc296a5e... 4/0/701 R RE: WITHDRAWAL OF REZONING APPLICATION Page 2 of 10 Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave., Suite D-1 Lansing, MI 48933-1238 (517)483-4085 Planning Office Customer Service Counter Hours Monday through Friday 8:00 AM to S:OOPM web Page www.lansingmi.gov CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Joslin Monahan (mailto:JMonatian@hakinilaw.com] Sent: Monday, March 27, 2017 8:17 AM To: Stachowiak, Susan Subject: WITHDRAWAL OF REZONING APPLICATION Importance: High Good morning, Thanks for confirming that. I appreciate it. Also, my client has decided NOT to see rezoning. Do I need to take any formal steps to withdraw the application or is this email sufficient? Thanks! Joslin Monahan From: Stachowiak, Susan [Susan.Stachowiak@lansingmi.gov] Sent: Friday, March 24, 2017 5:01 PM To: Joslin Monahan Subject: RE;: rezoning documents 3301 Capitol City Blvd. is zoned "F" Commercial. Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave., Suite D-1 Lansing, MI 48933-1238 (517)483-4085 Planning Office Customer Service Counter Hours h tnc•//nnnc rnrlkennr-P 1 0 0-RC/nonun nhn?w.-dd=fc3af5ehe296a5e... 4/6/901 R RE: WITHDRAWAL OF REZONING APPLICATION Page 3 of 10 Monday through Friday 8:00 AM to 5:OOPM Web page www.lansingmi.gov CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email. is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken .in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender., delete the email from your computer system and shred any paper copies of the email you printed. -----Original. Message----- From: Joslin Monahan (mailto:JMonahan@hakimlaw.com) Sent: Friday, March 24, 2017 4:06 PM To: Stachowiak, Susan Subject: RE: rezoning documents OK great. Also, Would you be able to confirm the zoning of 3301 Capitol City 48906. I thought it was 0-1 but it's showing up as F-1 and I wonder if .it's a mistake. From: Stachowiak, Susan [Susan.Stachowiak@lansingmi.gov) Sent: Friday, March 24, 2017 3:59 PM To: Joslin Monahan; Dick Peffley; Dick Peffley (Dick.Peffley@lbwl..com) Subject: RE: rezoning documents The next Committee meeting will be held on April 17th so we can delay it until that time. Susan Stachowiak Zoning Administrator. City of Lansing 316 N. Capitol Ave., Suite D-1 Lansing, MI 48933-1238 (517)483-4085 Planning Office Customer Service Counter [lours Monday through Friday 8:00 AM to 5:002M Web Page www.lan3i.ngmi.gov CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed, If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Joslin Monahan (mailto:JMonahan@hakimlaw.com) -/�25- ti*,..�.11.,,,,� YenLoronn nl�Yf1I\/nY0//IIOI\1,P�TlQil/l Z 0 O_RC/nnnnn nhn?wSid=fc3af5ebe296a5e... 4/6/2018 RE: WITHDRAWAL OF REZONING APPLICATION Page 4 of 10 Sent: Friday, March 24, 2017 3:00 PM To: Stachowiak, Susan Subject: RE: rezoning documents OK great - so do we just get pushed to the next month's meeting? From: Stachowiak, Susan [Susan.Stachowiak@lansingmi.gov] Sent: Friday, March 24, 2017 1:32 PM To: Joslin Monahan Subject: RE: rezoning documents That shouldn't be a problem. Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave., Suite D-1 Lansing, MI 48933-1238 (517)483-4085 Planning Office Customer Service Counter Hours Monday through Friday 8:00 AM to 5:00PM Web Page www.l.an.gingmi..gov CONFIDENTIALITY NOTICE: This email. contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. 'Phis email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Joslin Monahan (mailto:JMonahan@hakimlaw.com) Sent: Wednesday, March 22, 2017 3:40 PM To: Stachowiak, Susan Subject: RE: rezoning documents OK, Thanks, Sue. Question: If my client wants me there, and I suspect he might, is there any chance we can reschedule the hearing? I ask because that is spring break and my family and I will be in balmy Montana visiting in-laws. From: Stachowiak, Susan (Susan.Stachowiak@lansingmi.gov) Sent: Wednesday, March 22, 2017 3:05 PM To: Joslin Monahan; Dick Peffley Subject: RE: rezoning documents It needs to go to the City Council Committee on Development & Planning to schedule a public hearing. That meeting will be held on April 3rd at 4:00 p.m. in the Council -26- httnc•//onnc ronlr�nona nnmhrareinnc/irallmoil/�i n (LR('/nnnnn nhn?wsid=fc1nf5ehe296a5e... 4/0/701 R RE: WITHDRAWAL OF REZONING APPLICATION Page 5 of 10 conference room, .located behind the Council chambers on the 10th floor of city hall. The Committee has asked that someone (the owner or his representative) be at that meeting. They also want to know what the intended use is for the building. I have been asked that question specifically by the Council and I have simply told them "retail". The Council is going to ask that the applicant agree to a conditional zoning that would prohibit a medical. marijuana dispensary on the property so you or whomever is going to attend the meeting should be prepared to respond to that. Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave. , Suite D-1 Lansing, MT 48933-1238 (517)483-4085 Planning Office Customer. Service Counter Hours Monday through Friday 8:00 AM to 5:OOPM Web Page www.lansingmi.gov CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender., delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Joslin Monahan (mail.to:JMonahan@hakirnlaw.com) Sent: Wednesday, March 22, 2017 10:49 AM To: Stachowiak, Susan Subject: FW: rezoning documents Hi Sue, I hope you are doing well. This email is a follow up to the VM I left this morning. Please also see below. Just wondering about Lhe status of the rezone app. Thanks! From: Joslin Monahan Sent: Thursday, March 16, 2017 12:59 PM To: Stachowiak, Susan Subject: RE: rezoning documents Hi Sue, As I understand it, the next action on this rezone application is a Planning Bd subcommittee meeting? is that correct; if not, what happens next? Thanks very much, Joslin From: Stachowiak, Susan [Susari.Stachowiak@lansingm.i.gov) Sent: Wednesday, January 04, 2017 2:52 PM -27- - n nhn9wgiri—fc3af5ebe296a5e... 4/6/2018 I2E: WITHDRAWAL OF REZONING APPLICATION Page 6 of 10 To: Joslin Monahan Subject: RE: rezoning documents The applicant for the first rezoning request was Emerge Holding Company, P.O. Box 4901, East Lansing, MI 48826 Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave., Suite D-1 Lansing, MI 48933-1238 (517)483 4085 (517)483-6036 Fax Planning Office Customer Service Counter Hours Monday through Thursday 7:30 AM to 5:OOPM Closed Friday Web Page littp://plandevelopment.cityoflansingmi.com i CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email. is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. --- --Original Message----- From: Joslin Monahan [mailto:JMonahan@hakimlaw.com) Sent: Wednesday, January 04, 2017 1:09 PM To: Stachowiak, Susan Subject: RE: rezoning documents That's great. Thank you. I didn't realize he had applied earlier. was it my client - First Class? Or. the LL/owner? From: Stachowiak, Susan [Susan.Stachowiak@lansi.ngmi.gov] Sent: Wednesday, January 04, 2017 1:04 PM To: Joslin Monahan Subject: RE: rezoning documents Actually, I don't need to collect a fee from you for this one because the applicant already paid the foe when he applied for this earlier this year. When he withdrew the request at that time, we did not refund him the fee so we will just call it good. Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave., Suite D-1 Lansing, MI 48933-1238 (517)483-4065 (517)483-6036 Fax Planning Office -28- httns-//.qnns rack.qnnce cnm/verSinns/wehmail/11.0.0-RC/nonuo.ohn?w5id=fe3af5ebe296a5e... 4/6/2018 RE: WITHDRAWAL OF REZONING APPLICATION Page 7 of 10 Customer Service Counter Hours Monday through Thursday 7:30 AM to 5:OOPM Closed Friday Web Page liLtp://plandevelopment.cityoflarisingmi.com CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by Lite person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Joslin Monahan [mailto:JMonahan@hakimlaw.coml Sent: Wednesday, January 04, 2017 12:00 PM To: Stachowiak, Susan Subject: RE: rezoning documents If it's complete, has all the required elements, then it can be the official submittal; however, I need to provide the application fee. What is the fastest/preferred way to accomplish that? From: Stachowiak, Susan [Susan.Stachowiak@lansingini.gov] Sent: Wednesday, January 04, 2017 11:52 AM To: Joslin Manahan Subject: RE: rezoning documents Perfect.. Is this the official submittal? Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave., Suite D-1 Lansing, MI 48933-1238 (517) 483-4085 (517) 483-6036 Fax Planning Office Customer Service Counter Hours Monday through Thursday 7:30 AM to 5:OOPM Closed Friday Web Page http://plandevelopment.cityoflansingmi.com CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure, This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -29- littps://api)s.racksDace.com/versions/webmaii/I3.0.0-RC/Donut).t)hn?wsid=fc3af5ebe296a5e... 4/6/201 R RE: WITHDRAWAL OF REZONING APPLICATION Page 8 of 10 -----Original Message----- From: Joslin Monahan [mailto:,lMonahan@hakimlaw.com) Sent: Friday, December 30, 2016 11:53 AM To: Stachowiak, Susan Subject: RE: rezoning documents Great. Thanks, Sue. Please see attached. From: Stachowiak, Susan (Susan.Stachowiak@lansingmi..govl Sent-: Thursday, December 29, 2016 9:21 AM To: Joslin Monahan Subject: RE: rezoning documents I can look it over to nee if it is complete when you email it to me. Thanks ) Sue q t Susan Stachowiak 7 zoning Administrator City of Lansing 316 N. Capitol Ave., Suite D-1 Lansing, MI 48933-1238 (517)483-4085 (51.7)483-6036 Fax Planning Office Customer Service Counter. Hours Monday through Thursday 7:30 AM to 5:OOPM Closed Friday Web Page http://plandevelopment.cityoflansingmi.com CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. i -----Original Message----- From; Joslin Monahan (mailto:alonahan@hakimlaw.com) Sent: Wednesday, December 28, 2016 2:15 PM To: Stachowiak, Susan Subject: RE: rezoning documents 1 Ili Sue, i c I believe my client's re-zoning application is complete. Would it be a good practice to call and ensure it's a complete app. before T email it to you? Thanks! Joslin Monahan -30- httt)s://aDDS.racksnace.com/vercion,,/we.hm.qil/l httns://aDDS.racksnace.com/vercinm/we.hmail/l 3.0.0-RC/nonun.nhn?wsid=fc3af5ebe296a5e... 4/6/201 R RE: WITHDRAWAL OF REZONING APPI,ICATfON Page 9 of 10 From; Stachowiak, Susan (Susan.Stachowiak@lansinguii.gov) Sent: Wednesday, December 07, 2016 11:18 AM To: Joslin Monahan Subject: rezoning documents Please let me know if you have any questions. Thanks Sue Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave., Suite D-1 Lansing, MI 46933-1238 (5.17)483-4085 (517)483-6036 Fax Planning Office Customer Service Counter Hours Monday through Thursday 7:30 AM to 5:00PM Closed Friday Web Page http://plandevelopment.cityoflansingmi..com CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email , is strictly prohibited. If. you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. This email has been scanned by the City of Lansing Symantec Email Secur.ity.cloud service. For more information please visit http://www.symantaccloud.com This email has been scanned by the City of Lansing Symantec Email Secur.ity.cloud service. For more information please visit http://www.symanteccload.com This email has been scanned by the City of Lansing Symantec Email Security-cloud service. For more information please visit http://www.symanteccloud.com This email- has been scanned by the City of Lansing Symantec Email Socurity.cloud service. For more information please visit http://www.symanteccloud.com This email has been scanned by the City of Lansing Symantec Email Security.cloud -31 - i_«---u___.. ----� ----- -----�-----'----�--•-�----any n n nnl�.._..... ,,L,.,o.....:rl—F C1�fGn1•,n'70�.oSa A/�/'1l11Q RE: WITHDRAWAL, OF REZONING APPLICATION Page 10 oi'10 service. 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For more information please visit http://www.symatiteccloud.com 32.- hlinc•//nnnc rarlrcnarA nnm/irnrninna/„,eE., ;l/1z n n DO/..n..,,., r{,.,7.,,e;ri=F ZnfGo1,o70ti,Go A1[11n1 0 EXHIBIT ti N S 1 �C Regular Meeting LANSING PLANNING BOARD - January 9, 2018 6:30 p.m., Conference Room A Neighborhood Empowerment Center I 600 W. Maple Street MINUTES 1. OPENING SESSION Mr. Ruge called the meeting to order at 6:35 p.rn. a. Present: John Ruge, Farhan Bhatti, Marta Cerna, Tony Cox, Josh Hovey, and Katie Johnson b. Absent: Lynne Martinez (excused) C. Staff: Bill Rieske & Susan Stachowiak 2. APPROVAL OF AGENDA— The agenda was approved by unanimous consent. It was moved by Mr. Hovey, seconded by Ms. Cerna, and CARRIED unanimously, to grant an excused absence to Ms. Martinez. 3. COMMUNICATIONS — Letter from Jeff& Sheryl Landgraf regarding Z-8-2017 4. HEARINGS A. Z-1-2017, 4215 N. Grand River Avenue, Rezoning from "D-1" Professional Office District to "F" Commercial District Ms. Stachowiak said that this is a request by Emerge Holding Company to rezone the property at 4215 N. Grand River Avenue from "D-1" Professional Office District to "F" Commercial District. She said that the purpose of the rezoning is to permit commercial use of the subject property. Ms. Stachowiak stated that the subject property is currently being used for a medical marijuana dispensary but since the property is zoned "D-1" Professional Office, the dispensary is in violation of the newly adopted ordinance regulating such uses. She said that the applicant has applied for a license to operate a dispensary on the subject property and will be eligible for consideration if the rezoning is approved. Ms. Stachowiak said that staff is recommending approval of the request. She said that the adjacent property to the east is already zoned "F" Commercial and therefore, the proposed rezoning will not result in a "spot zone". Ms. Stachowiak stated that the proposed rezoning from "D-1" Professional Office to "F" Commercial is consistent with proper land use planning principles. She said that N, Grand River is classified as a "principal arterial' and is one of only seven in the entire City. From a planning perspective, commercial uses should primarily be concentrated along principal arterials as they are designed to carry the highest volumes of traffic. Office uses, by contrast, -33- Planning Board Minutes January 9, 2018 Page 2 which typically do not generate nearly as much traffic as commercial uses, should primarily be concentrated along minor arterials. Ms. Stachowiak said that the proposed "F" Commercial zoning is consistent with the "Suburban Commercial" land use development strategy being advanced in Design Lansing Master Plan. She also said that the proposed zoning will have no negative impacts on traffic patterns, the environment or future patterns of development in the area. Mr. Ruge opened the public hearing at 6:40 p.m. Joslin Monahan, 3001 Orchard Vista Drive, SE, Grand Rapids, MI stated that she is the attorney representing the applicant. She said that the subject property directly adjoins a property to its east that is already zoned "F" Commercial and is being used for a party store. Ms. Monahan said that the medical marijuana dispensary at 4215 N. Grand River has been in operation since prior to the moratorium on medical marijuana dispensaries that City Council put in place. She said that the applicant has applied for a license for a dispensary at 4215 N. Grand River but for a different location as well in case this one is denied. Ms. Monahan said that the rezoning is consistent with the Master Plan and there have been no issues with the facility since it has been open. Mr. Ruge asked how long the dispensary has been operating. Ms. Monahan said almost 3 years. She said that it has changed ownership during that time. Mr. Ruge said that there seems to be a fear that medical marijuana facilities attract a bad crowd and cause problems in the areas in which they are located. He asked if there have been any problems at this facility. Ms. Monahan said that there have been no issues whatsoever. She said that it is monitored around the clock, including on-site security. Seeing no one else wishing to address the Board on this matter, Mr. Ruge closed the public hearing at 6:45 p.m. B. Z-8-2017, 3440 N. East Street, Rezoning from "F" Commercial District to 11G-2" Wholesale District Ms. Stachowiak stated that this is a request by Jeffrey & Sheryl Landgraf, FTZ Laboratories, LLC to rezone the property at 3440 N. Cast Street from "F" Commercial District to "G-2" Wholesale District. The purpose of the rezoning is to permit a medical marijuana safety compliance (testing)facility on the subject property. She said that under the City's new medical marijuana ordinance, testing faculties are permitted only in the "G-2" Wholesale, "H" Light and "I" Heavy Industrial zoning districts. Ms. Stachowiak said that, as evidenced by the map included in the packet, the subject property is located in an area that has no consistent zoning or land use patterns. Since the property to the west is already zoned 'G-2", rezoning the subject property to the "G- -34- Planning Board Minutes January 9, 2018 Page 3 2"district would not be considered a "spot zone", even though the sites are located on opposite sides of the street. In fact, the majority of the properties in the 3400 and 3500 blocks of the west side of N. East Street are currently zoned "G-2" Wholesale and thus, the proposed rezoning will be consistent with the general zoning pattern in the area. Ms. Stachowiak said that staff is recommending approval of the request. She said that given the eclectic mix of existing land uses, it is not anticipated that the proposed medical marijuana testing facility will be incompatible or disruptive to the surrounding area. Ms. Stachowiak said that medical marijuana safety compliance (testing)facilities typically do not generate much traffic, noise, odors or other nuisances and do not involve hazardous materials that would be detrimental to the health, safety and welfare of the community. Such uses are generally in operation during normal business hours only, traffic is limited to employees or small delivery trucks and all activities are confined to the building with controls in place to prevent odors/fumes from emanating outside. Mr. Ruge said that the site appears to be larger than the dimensions provided in the staff report. Ms. Stachowiak said that the applicant owns the 2 vacant lots immediately south of 3440 N. East Street although they are not part of the rezoning request. She said that the vacant lots could be used for parking. Mr. Ruge said that he glad to see that the proposed plan provided for landscaping along the east property line. He asked if a fence will be installed in that area as well, Jeff Landgraf, 110 N. Market Street, Dewitt, MI, spoke in support of his request. He said that they do not intend to install a fence but will be putting in some plants. Mr. Landgraf said that the proposed testing facility will fit in well with the area. Mr. Ruge asked about security. Mr. Landgraf said that they will have both on-site and at home monitoring. He said that there are state laws governing security for medical marijuana facilities that they will be required to meet. He said that they will be able to see the facility from their home. Mr. Ruge said that the house at 3440 N. East Street is very nice and appears to be well maintained although it looks like it would be very easy to break into. Sheryl Landgraff, 110 N. Market Street, Dewitt, MI, said that it is to their benefit that the structure does not look like a testing laboratory. She said that the building will be secure. Ms. Gerna asked if the applicant will have signs advertising the testing laboratory. Mr. Landgraf said that they will have a small sign identifying the name of the business and the address, primarily so that delivery trucks will be able to locate them. -35- Planning Board Minutes January 9, 2018 Page 4 Mr. Ruge opened the public hearing at 6:47 p.m. Seeing no one wishing to address the Board on this matter, Mr. Ruge closed the public hearing at 6:47 p.m. 5. COMMENTS FROM THE AUDIENCE — None. 6. RECESS — None. 7. BUSINESS A. Consent Items 1. Minutes for approval: December 5, 2017 Without objection, the December 5, 2017 meeting minutes were approved as written. 2. Z-1-2017, 4215 N. Grand River Avenue, Rezoning from "D-1" Professional Office District to "F" Commercial District Without objection, Z-1-2017 was approved. 3. Z-8-2017, 3440 N. East Street, Rezoning from "F" Commercial District to "G-2" Wholesale District Without objection, Z-8-2017 was approved. B. New Business 1. Acts-4 & 5-2017, LBWL and WWTP properties, Easement for Consumers Energy Gas Pipeline Mr. Rieske said that Consumers Energy Company is requesting an easement over four City of Lansing/Board of Water and Light properties for a 16" gas distribution line. He said that the gas line is part of the North Lansing Pipeline, a gas distribution line extending from North Grand River Ave., then southwest under the Grand River and across a City of Lansing/LBWL parcel to Melvin Court, then south along the east side of Sunset Ave., then west to run southward, west of and parallel to a Lansing Manufacturers (A.K.A. Jackson and Lansing) Railroad right-of-way to end south of 1-496. Mr. Rieske said that the proposed gas line passes Westside and St. Joseph Parks, but does not encroach upon them. The proposed easement also crosses a City parcel at 1620 Sunset Avenue (Act-5-2017). He said that the LBWL Board of Commissioners, by Resolution 2017-07-01, voted to recommend that the Lansing City Council grant an easement to Consumers Energy Company over property occupied and maintained by the Board of Water and Light, for monetary consideration in the amount of$107,500. -36 Planning Board Minutes January 9, 2018 Page 5 Mr. Rieske said that a review of the request resulting in the following findings: The easements are located in an industrial area, with "H" and "I" industrial zoning, and the proposed gas line is separated from residential areas by the railroad ROW, • The gas pipeline will be installed underground, so the effect on the character of the surrounding area is negligible, • The width of the proposed easements (15' min.) is necessary and appropriate to protect the gas pipeline and surrounding facilities, and will not adversely affect City operations. Based on these findings, Mr. Rieske said that staff is recommending approval of the request. Mr. Ruge asked about the depth of the proposed pipeline. Courtney Killeen, Consumer's Energy, stated that the pipeline will be approximately 30 feet below ground and below the other utilities so that It is does not interfere with them in any way. She said that there are some existing utilities that are about 20 feet deep right now and the pipeline has to go below them. Mr. Ruge asked if there are residential properties along Sunset and stretch of Willow that would be affected by this proposal. Ms. Stachowlak said that Sunset and the affected area of Willow Street are entirely industrial. Ms. Killeen said that the proposed pipeline route was selected because it does not impact any residential properties. Mr. Hovey asked why there are 2 Act cases associated with this proposal. Mr. Rieske said that that one is for the City of Lansing properties and the other is for the Board of Water& Light properties. Ms. Johnson asked what the new pipeline connects to. Ms. Killeen said that it connects to other existing pipes. She said that it is a distribution line that operates under pressure and is coated to prevent rust and to last about 1000 years. Ms. Killeen said that the existing line runs through the airport property and it is very old. She said that Consumers would like to retire that old pipeline. Dr. Bhattl made a motion, seconded by Mr. Hovey, to recommend approval of the requests by Consumers Energy to obtain easements up to a maximum of 15 feet in width for the installation of a 16 inch gas -37- Planning Board Minutes January 9, 2018 Page 6 distribution line across the following 4 parcels of land owned by the Board of Water & Light (Act-4-2017): Parcel No. 33-01-01-05-351-001 Parcel No. 33-01-01.08-102-031 Parcel No. 33-01-01-08-102-101 Parcel No. 33-21-01-19-230-026 and across Parcel No. 33-01-01-08-102-041 which Is owned by the City of Lansing (Act-5-2017), subject to review and approval by the City Attorney's Office. On a voice vote, the motion carried unanimously (6-0). 8. REPORT FROM PLANNING MANAGER Mr. Rieske said that the new Mayor has renamed the Department of Planning & Neighborhood Development to the Department of Economic Development and Planning, He also said that the Mayor has appointed Brian McGrain as director of the Department. 9. COMMENTS FROM THE CHAIRPERSON — None. 10. COMMENTS FROM BOARD MEMBERS — None. 11. ADJOURNMENT— The meeting was adjourned at 7:07 p.m.. -38- MI E HIBIT Chris Swope Lansing City Clerk CHiG February 2, 2018 First Class, Inc. 2951 Green Back Lane West Bloomfield, MI 48324 Dear Provisioning Center Applicant, This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4215 N Grand River Avenue has been denied. The application has been denied based on the recommendation of the Zoning Administrator because the location of the proposed provisioning center is not properly zoned. Chapter 1300 permits an applicant to seek variance of distance requirements with the license application, but does not permit the application for rezoning to be submitted with a license application. Any necessary rezoning must be completed prior to submitting an application for a medical marihuana license. You have the right to appeal this decision within 14 days of the date of this letter by filing a written statement setting forth fully the grounds for the appeal with the City Clerk's Office. Chapter 1300 provides that should the applicant not receive a license, one-half of the application fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, C4.-4 i_1� Chris Swope City Clerk cc: M, Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney S. Stachowiak, Lansing Zoning Administrator Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. V-"--in Ave., Lansing, MI 48933-1695 517-483-4131 39-'-377-0068 FAX www.lansingmi.gov/clerk$clerk@lansingmi.gov EXHIBIT ED ,7- -7n" FTI cr a m zrn > m 0 Z > z m T= -40- y EXHIBIT Robert Hendricks a i— r From: Tate, Nicholas Sent: Thursday, March 15, 2018 3:42 PM To: rhendricks@wrigleyhoffman.com Subject: Medical Marihuana Provisioning Center Appeal Good Afternoon Mr. I lendricks, I've been asked to review a denial of your client, First Class Inc.'s, application of a license at 4215 North Grand River Ave. Your letter states you may have written docurnents you'd like to present in your appeal. Might someone in your office be able to send those to me?Thank you, Nil( Nicholas Tate Chief Labor Negotiator Office of the City Attorney 124 W. Michigan Ave. I Lansing, MI 48933 0: 517-483-7864 1 C: 517-582-2817 1 E: nicholas.tate@lansin mg i.Eov 6 ebsite I Facebook I Twitter Instagram 144 r �11 . �?tIfIBIT A - ID I Joslin F. Monahan <joslin.monahana@@gmail.com> Fwd: Provisioning Center Application Update 5 messages Eric <eal711 @aol.com> Fri, Mar 16, 2018 at 1:39 PM To: Joslin Monahan <joslin.monahan@gmail.com>, Robert Hendricks <rendricks@cannalexlaw.com> Please read below Sent from my (Phone Begin forwarded message: From: "Biehler, Deb" <Deb.Biehler@lansingmi,gov> Date: March 16, 2018 at 4:25:31 PM EDT To: "'eal711@aol.com"' <eal711@aol,com> Subject: Provisioning Center Application Update March 16, 2018 First Class, Inc. 2951 Greenbrooke Lane West Bloomfield, MI 48324 Dear Provisioning Center Applicant, We have received your appeal of the denial of licensure. Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review any information submitted in the appeal as well as information submitted by the City Clerk. The hearing officer will consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all additional information in your written appeal that you would like the hearing officer to consider. Please submit the additional information to the City Clerk's Office within seven (7) days from the date of this notice. .V- If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, 6 - , gJA4 J;'V� Chris Swope City Clerk cc: M, Yankowskl, Lansing Police Chief J. Smiertka, Lansing City Attorney Joslin Monahan <joslin.monahan a mail.com> 1 �9 Fri, Mar 16, 2018 at 4:48 PM � To: rhendricks@wrigleyhoffman.com Not sure why this isn't sent to you E t Sent from my iPhone Begin forwarded message: p t From: Eric<eal711@aol.com> Date: March 16, 2018 at 4:39:33 PM EDT To: Joslin Monahan <joslin,monahan@gmail.com>, Robert Hendricks <rendricks@cannalexlaw.com> Subject: Fwd: Provisioning Center Application Update (Quoted text hidden) Eric <eal711@aol.com> Sat, Mar 17, 2018 at 117 PM To: Joslin Monahan <joslin.monahan@gmail.com> Sent from my iPhone Begin forwarded message: -43- 1 From: Eric <eal711@aol,com> Date: March 16, 2018 at 1:39:33 PM PDT To: Joslin Monahan <joslln.monahan@gmail.com>, Robert Hendricks <rendricks@cannalexlaw.com> Subject: Fwd: Provisioning Center Application Update (Quoted text hlddon] Eric <eal711 @aol.com> Sat, Mar 17, 2018 at 1:20 PM To: Joslin Monahan <joslin.monahan@gmail.com> Sent from my !Phone Begin forwarded message: From: Eric <eal711@aol.com> Date: March 16, 2018 at 1:39:33 PM PDT To: Joslin Monahan <joslin.monahan@gmail.com>, Robert Hendricks <rhendrlcks@cannalexlaw.com> Subject: Fwd: Provisioning Center Application Update (Quoted text hidden( Joslin E. Monahan <joslin.monahan@gmail.com> Sun, Mar 18, 2018 at 12:04 PM To: Kathie Dunbar<kathie@southlansing.org> -------- Forwarded message ------From: Eric <eal711 @aol.com> Date: Fri, Mar 16, 2018 at 4:39 PM Subject: Fwd: Provisioning Center Application Update To: Joslin Monahan <joslin.monahan@g mail.com>, Robert Hendricks <rendricks@cannalexlaw.com> (Quoted text hltldenl -44- EEXHIBIT i EMWrigley, Hoffman & t ME Hendricks, P.C. Robert A.Hendricks rhendricks@wrigleyhoffman.com , ATTORNEYS AT LAW office: 616,454.6611 ext. 102 }' March 20,2018 i� SENT'ILIA EMAIL ONLY(bj-isboa @,ndehigan.gov.) Andrew Brisbo,Director Bureau of Medical Marihuana Regulation 1 Michigan Department of Licensing and Regulatory Affairs 2407 N. Grand River Lansing, MI 48909 i Re: Cease and Desist Letter to First Class,Inc. 4215 N. Grand River, Lansing MI Dear Director Brisbo: We represent first Class, Inc. d/b/a First Class Releaf at 4215 N. Grand River in Lansing I' ("FCR"). By letter dated March 19, 2018 (copy attached) and hand-delivered at approximately 11:30 AM on that date, FCR was ordered to immediately cease and desist the operation of its medical marijuana dispensary. Our client eloscd its operations promptly after receipt of this letter on March 19. We have now had an opportunity to carefully examine the cease and desist letter and have concluded that it was issued in error. Specifically, the letter demands that our client ", . . cease and desist from operating a marihuana facility because no application for a state operating license was filed by February 15, 2018." The letter goes on to assert that, according to your records, the business at this address did not file an application by February 15, 2018. As a matter of fact,FCR had filed an application for a state operating license for 4215 N, Grand River in Lansing by the February 15, 2018 deadline. Attached is a copy of the payment receipt issued by LARA to First Class, Inc. at 9:13 AM on February 15 for the $6,000 filing fee. Your records should reflect that this application was timely filed. Because the predicate violation asserted in your cease and desist letter did not occur,the letter is incorrect and unenforceable. FCR has the right to reopen its dispensary operation at 4215 N. Grand River and to continue to provide an uninterrupted source of medicine to its patients. Please advise any law enforcement authorities to refrain from attempting to enforce this defective cease and desist letter. 3001 Orchard Vista Drive SE, Suite 220 •Grand Rapids, MI 49546 Telephone: 616.45-1 r-1'1 • Fax: 616.454,8618 www.wri-4b-offman.com i Thank you for your prompt attention to this matter. Please contact me should you have any questions or concerns. j I Very truly yours, WRIGLEY, HUFFMAIV&.FIFADPJCKS, P.C. 1 Robert A.Hendricks 1 I 1 RAH/lvl Enclosures Cc (w/encl.): First Class,Inc. 4 I 3001 Orchard Vista Drive SE, Suite 220 -Grand Rapids, MI 49546 Telephone: 616.454 --'' • Fax:616.454.8618 www.wrlg 46 ffman.com F01A request re: 4215 N. Grand River Page 1 of 1 EXHIBIT FOIA request re: 42t5 N. Grand River From: joslinmonahan@bhhsmi.com '= Sent: Mon, Apr 2, 2018 at 12:56 pm To: FOIA.Request@lansingmi.gov Please provide copies of all documents, including but not limited to all emails; all internal notes, emails, and/or memoranda; all minutes; all notices; all calendar entries; all call logs; all phone messages; and all agendas relating to or referencing (1) the real property located at 4215 N. Grand River Avenue, Lansing, Michigan from 2015 to present; or (2) Dick Peffly's, First Class Inc.'s, and/or Eihab Kinaia's (as shareholder of First Class Inc.) attempts to rezone 4215 N. Grand River Ave., Lansing, Michigan from retail to commercial. Please be advised that there were at least two such rezoning attempts in 2017 alone: (a) one in early 2017, in approximately January or February; and (b) a petition to re-zone submitted on or about December 15, 2017. Please also be advised that this FOIA request is directed to any and all relevant departments, branch, bodies, and/or offices within the City of Lansing, including but not limited to Lansing Planning Office; Lansing City Council, including all committees and subcommittees; Board of Zoning Appeals; and Board of Ethics. Thank you. i Sincerely, f Joslin Monahan -4/- https://apps.rackspace.corn/versions/webmail/i3.0.0-RC/nonur?.r)ht)?wsid=fc3af5ebe296a5c... 4/6/201 R AFFIDAVIT BY JOSLIN MONAHAN STATE OF MICHIGAN ) )SS. COUNTY OF KENT ) I, JOSLIN MONAHAN, hereby state and affirm the following: 1. I am an adult and resident of Kent County, Michigan. 2. I have reviewed the contents of the letter dated April 6,2018 from Wrigley,Hoffman &Hendricks,P.C.to the Lansing City Clerk hearing Examiner related to First Class,Inc.'s Appeal of Lansing's denial of Fist Class,Ine.'s medical marijuana provisioning center application at 4215 N. Grand River. The factual contents of said letter are true and accurate based on my personal knowledge. FURTHER AFFIANT SAYETH NOT. April 6, 2018 Joslin M nalnan STATE OF MICHIGAN ) )SS COUNTY OF KENT ) Subscribed and sworn to before ine this 6i'day of April,2018 by Joslin Monahan. Laura J. VdWerLugt, Notary Public Ottawa County, Michigan Acting in the County of Kent My commission expires: March 14, 2024 -48- Additional M aterial Requested By Hearing Officer From Appellant I; • , • • r o r h r • • r t x CL • CO lst pP - v or ,r ,r�r r�i (f t.�' �r'r � (,.".I,f-�7•r..r`r,rl.�,�,._�- • +r.; �l 1 i r r 1 r TT Pt T-7 Er.1,. lr.,rt 1._r eVlllo Ja 7051 Inn ,2?r Ors7 - f�nllno'oP' ? IOJ JUO::YgJr,H94 , s Ir ? I n. r p a� F N al wCILSNYtiFlt STATCOFlvllr:]IGAll StJULYEunER7Oti KI GIATANOR DEPARTNIFNT OF HCEN+INrl AND HEGULATCIRY AFFAIRS p•a6CTOK 2( LAr151tr3 87 All .11 VIA HAND DFLIVLkY 67 2� � ra Dale. 1130 16 6 Addressor: _ / /r�S� Ass T,�Uc. / p an _ IaJ s No Address: 09 r 6a L'�t �j S IV ' lS 'A hnl tie RE: DEMAND 1•0 CEASE AND nFSIST OPERATION IN VIOLA I ION OF Our es+ EMEF IGIrNCY Rl1LF 19 RI. 70 To Whom it May Concern: eor ere 715 The Department of Licensing and Regulatory Affairs, BUleau of Medical Marihuana EGO 01 Regolalion(WAMR), by Direc(orAndrew Brlsbo,pumu-lnt to aulhnd Y under tho Docember�4, snl l u 2017, Emergency Rules and the Medical Marihuana Facilities Licensing Act(MMFLA),MCL nu 333.27101 of seq.,demands that you cease and desist from nperwing a marihuana facility 6 0 because no application for a state opern'.ing licemize was filer)by February 15,2018. Pee• i Sao MMFLA Emergency Rule 19 permits an applicsnl for a state operallnU I!cense to temporarily lls- I Sup operate a proposed marihuana lacilily under cettairl eondilioltis. to older to comply with this ruleI a 115- temporarily operating facility must have applied rur a sl.Wa uperating license by February 15,201 U. w. Emergency Rule 19(4). A Gerson that does not comply with this rule shall cease and desist 71c-r operation of a proposod marihuana facility and may be subject to all the panaltlos,sanctions,and OCU! remedies under state and fed,rel law,iho act, or-tho Emergency Rides.. Emergency Rule 19(2). WI9C 0 0 dP0 According to our rr;cprds,the business at this address did not file an application for a state f operating license by February 15, 2018,as prescribed in Emergency Rule 19. � } Accordingly, BMMR demands that you Immediately cease and desist from any activity In vlolation of Rule 19 and the MMFLA. Failure to comply wilh this notice may result in the denial of a ` license;referral to lortll, state, or radaral law enforcemen(; and other penalties or sanctions as provided In'the MMFLA and Finargancy Ruins. ;11y"y ou believe you received(his leiler in error,pl©arsO ca11 BMMR at 517-zaq-8599,sincer TIRE S Andrew Brisbo, Director Bureau of Medical Marihuana Regulation M)chigarr Department of Licensing and Regulatory Affairs nliRFAU OF FAEDIDAL MARIHUANA REGUI.Al10N. 2407 NORTH I GRAND RIVER•0.0,Box 30206.LANSINa,,IA4I* r vAtiw,mlchlgan.gpv/mcdlpahnarlhuana n17.2oq.pbpD t s f � Cityf Lansing o OFFICE OF THE CITv ATTORNEY .�� James D. Smiertka, City Attorney NCH l G � April 10, 2018 Joslin Monahan joslinmonalian@bhhsmi.com Sent Via Eniai! RE: Freedom of Information Act ("FOIA") Request 4 18-344—4215 N. Grand River Ave. Dear Ms. Monahan, The City has received your request for public records under the Michigan Freedom of Information Act(FOIA). In order to determine whether the City possesses records responsive to your request, we are extending the time for responding to your request by ten (10) business days, as permitted under MCL 15.235, Section 5(2)(d). Therefore,a written response will be issued on or before April 20', 2018. If you have any questions concerning this matter, please feel free to contact our office at the address or phone number below,and enclose a copy of this correspondence. Please be advised that the City has adopted Procedures and Guidelines and a Written Public Summary, both of which are available on the City's website at: https:H%vww.lansinemi.gov/pocuntentCenter/Home/View/6 18 https://www.fansingmi.gov/DpcumentCenter/I-lome/View/415 Sincerely, Amanda O'Boyle Office of the City Attorney AKO Fifth Floor,City Hall • Lansing, Michigan 48933 • (5'S2_13-4320 • Fax(517)483-4081 cityatty®lansingmi.gov Tate, Nicholas From: Robert Hendricks <rhendricks@wrigleyhoffman.com> Sent: Wednesday, April 11, 2018 4:16 PM To: Tate, Nicholas Cc: joslinmonahan@bhhsmi.com Subject: FW: FOIA Request# 18-344 - 4215 N. Grand River Ave./ Extension Letter Attachments: Extension Letter - sent 041018 to Monahan via email.pdf Nic — please see the correspondence below and attached. Because of the delay occasioned by the City of Lansing's extension, we will need a corresponding extension to submit appeal materials that may be disclosed in response to our FOIA request. We are not certain when we may actually receive those materials, or what may be included. Until we have received, reviewed and submitted to you the materials subject to our FOIA request, we believe it would be inappropriate for the City of Lansing to decide our appeal. We would also renew our position that after we have received, reviewed and submitted these materials, an actual hearing would be a necessary and appropriate component of the appeal process. Nic, we also wanted to put this appeal into a larger context for you. The application to rezone the 4215 N. Grand River property will be considered by the D & P committee next Monday. We have every reason to believe that this committee will approve the application and this matter will then be considered by the City Council, perhaps at the May 1 meeeting. If the rezoning is granted, we believe that the basis for the City's denial of the license application will have been removed. Perhaps the City would then be in a position to reconsider the denial and this matter could be resolved. Finally, we want the City to be sensative to taking any action to issue all the available licenses before our appeal is completed. Such an action would necessarily create additional litigation between us. Thank you for your attention to this request. Let us know if you have any questions or concerns. Robert Ilendricks MMWrigley, Hoffman ME & Hen..dricks, p.C. AIT0RNFY -) A,r I. AWN 3001 Orchard Vista Drive SE Suite 220 Grand Rapids, MI 49546 Office: (616) 454-6611 ext. 102 -53- From: "Biehler, Deb" <Deb.Biehler@lansingmi.gov> Date: April 20, 2018 at 9:01:06 AM EDT To: "'ea1711Paol.com'" <ea1711(@aol.com> Subject: Provisioning Center Application Update Dear Applicant, I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4215 N. Grand River Avenue. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. The Commission's review of an appeal shall not be de novo. The Commission shall only overturn, or modify, a decision or finding of the Clerk if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, and competent facts on the whole record considered by the Clerk in arriving at such decision or finding. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017- 02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, C;A__4 ilv� Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Deb Biehler Medical Marihuana Specialist Lansing City Clerk's Office 124 W. Michigan Avenue I Lansing, MI 48933 0: 517-483-4132 Fax: 517-377-0068 Deb.Biehler@lansingmi.gov Website I Facebook I Twitter -54- OF'IFICE Of, THE CHIEF LABOR NEGOTIATOR NICHOLAS E.TATC,CmEr LABOR NI!:GOTIATOR 124 W,Michigan Avenue City Mall,51h Flnot• Lansing,11H:517 483.7864 H1 Andy Schor,Mayor FAX:517.483.4081 Nicholas.7otc a Innsi, mi.�,v Chris Swope April 19, 2018 Lansing City Clerk City Hall, Ninth Floor 124 West Michigan Ave. Lansing, MI 45933 First Class Inc. c/o Robert A. Hendricks Wrigley, Hoffman & Hendricks, P.C. 30001 Orchard Vista Drive SE, Suite 220 Grand Rapids, MI 49546 Re: Appeal of Initial Denial for a Provisioning Center located at 4215 N. Grand River Ave. Mr. Swope, I have reviewed First Class, Inc.'s application for a provisioning center license for a property located at 4215 North Grand River Avenue. I have also reviewed supplemental documentation, memoranda, emails and an affidavit provided to me by Mr. Hendricks, counsel of,record for First Class Inc. While I appreciate and sympathize with the applicant's position, I have no choice but to uphold the initial denial of the application at this time since the proposed location is currently not properly zoned. Z7 Nicholas E, Tate "Equal Upporlunity Employer" (9 "` 55 t ` w CA D �ƒ0 ® K � - E \f \ TJ k z2 - � § com {\/ E\ � \\ � CN e 2 / � 2 Cu.? \ K \ §\ ƒ / \ \ / C� { & ® § $ §,7 / 2 2 ^ 3 5 tu k < / n a) )\ \� D & m F & c m -Ile c = ®RG O e ƒ oe2 §° Re f \ff e CL r-L \ \ \§& E / E \} O § ) k0. / ( £ . o U 2 $ m o »V I �\ 2 Z � M0 & � Q $ /\w / ƒ 2 e deg °25 � 0EQ (a e c / 7 g o m ) ; e �0 E _ E # % w . / \{\ S \ # n 7 ■)J § /ak { ( k {} {¥ -J E K $ � » 77 ) E « m §w # g 77 $ \/}\\ ƒj §\ §\ � / o0 mo % )3 2t / � E § 2 ° - ° � ( 3o » a y o �e}k§ / ƒRƒ6 . -56- i S 1 �C Chris Swope Lansing City Clerk CHiG � April 20, 2018 First Class, Inc. 2951 Greenbrook Lane West Bloomfield, MI 48324 Dear Applicant, I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4215 N, Grand River Avenue. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. The Commission's review of an appeal shall not be de novo. The Commission shall only overturn, or modify, a decision or finding of the Clerk if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, and competent facts on the whole record considered by the Clerk in arriving at such decision or finding. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, C;_� il"�V Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City r•IPrk's Office Ninth Floor, City Hall, 124 W. Mid .57-Ave., Lansing, MI 48933-1695 517-483-4131 51 r-,j77-0068 FAX www.lansinomi aov/clerk city rlprkno lnnsinnmi nnv IBMWrigley, Hoffman & ME Hendricks, P.C. Robert A. Hendricks rhendricks@wrigleyhoffman.com ATTORNEYS AT I.A W office: 616.454,661 1 ext. 102 May 18, 2018 SENT VL4 EkLUL (citp.rlerk�Jansirtgnti.gvv) Medical Marijuana Commission c/o Lansing City Clerk Ninth Floor, City ):-Tall 124 W. Michigan Avenue Lansing Mf 48933-1695 Re: Medical Marihuana Provisioning Center Lansing license application for 4215 N. Grand River Avenue. Appeal from decision of Lansing City Clerk Dear Medical Marijuana Commission; i This is an application for an appeal of the decision of the Lansing City Clerk rendered and delivered on April 20, 2018. This application is made pursuant to Lansing City Ordinance ll §§1300.3(E) and 1300.15(C)'. I As provided in 1300.3 L , the standard of appellate review to be applied b this Coituiiissioi7 p § (�) pp PP Y is not "...de novo. The Commission shall only overturn, or modify, a decision or finding of the Cleric if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, } and competent facts on the whole record considered by the Cleric in arriving at such decision or finding." 4 n The basis for the Clerk's April 20, 2018 decision is, in its entirety, as follows: f I have reviewed the report and recommendation of the hearing officer on your appeal of , the denial of your application to operate a Medical Marihuana Provisioning Center in { the City of Lansing at 42.15 N. Grand River Avenue. I have determined your appeal is denied. (emphasis in original)2 r The appellant has never been provided with the report and recommendation of the hearing officer upon which the Clerk's appeal is required to be based. Indeed, the appellant is not aware that the hearing officer ever prepared such a report and recommendation. 'Thus, the appellant has never 1 been provided with a record on appeal that might include "material, substantial, and competent facts" upon which the Clerk made his decision, Without that record, it is impossible for the appellant to identify the reasons for the Clerk's decision or, to identify and articulate any alleged errors in that decision. ' 1300.15(C) provides in part;The Clerk's decision may be further appealed to the Commission if applied for in writing,to the Commission no later than thirty(30)days from the Clerk's decision. Z Copy of emall from Chris Swope to Eric Kinaia on April 20, 2018 attached. 3001 Orchard Vista Drive SE, Suite 220 • Grand Rapids, MI 49546 Telephone: 616.454.t - fax: 616.454.8618 -58-. www.wriglrzy,ow,,*man.com i i Based on the foregoing, the appellant requests that this Commission locate and provide the appellant with access to the complete "record on appeal" and a reasonable time frame within which to identify those "material, substantial, and competent facts" upon which the Clerk made his decision and which the appellant may believe demonstrates that the Clerk's decision is arbitraiy or capricious. i Should the Commission wish to consider this application for an appeal as the appeal itself, then the appellant incorporates herein the statements and arguments in its original notice of appeal made on February 16, 2018 and the appeal submission (with all attachments) submitted on April 6, 2018, both of which are on file with the City of Lansing Cleric's office. We believe that these materials demonstrate that there are no material, substantial, and competent facts that would reasonably support the denial of the appellant's license application for 4215 N. Grand River Avenue. 9 Tharilc you for your attention to this matter. i Respectfully submitted, WRIGLEY, HOFFMAN& HENDRICKS, P.C. a 6 1� 1 t� C Robert A. Hendricks Y RAH/lvl # Enclosure 1 ti i 1 s l i j Robert Hendricks From: Eric Sent: Friday, April 20, 2018 9:05 AM To: Joslin Monahan; Robert Hendricks Subject: Fwd: Provisioning Center Application Update Sent from my Whone Begin forwarded message: From: "Biehler, Deb" <Deb.Biehler@lansinpmi.gov> Date:April 20, 2018 at 9:01:06 AM EDT To: "'eal711@aol.com"' <eal71.1@aol.com> Subject: Provisioning Center Application Update Dear Applicant, I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4215 N. Grand River Avenue. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. The Commission's review of an appeal shall not be de novo, The Commission shall only overturn, or modify, a decision or finding of the Clerk if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, and competent facts on the whole record considered by the Clerk In arriving at such decision or finding. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned.This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017- 02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, OZ44-4 il"10AP Chris Swope City Clerk cc: M.Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Deb Biehler -60- Medical Marihuana Specialist Lansing City Clerk's Office 124 W. Michigan Avenue I Lansing, MI 48933 0: 517-483-4132 Fax: 517-377-0068 Deb,Biehler(@lansingmi.gov Website Facebook I ;twitter v G` i Chrls Swope,CMMC/CMC Lansing City Clerk