member rounds confirm get Thomas Jefferson Thomas fresher
will be more
Let's take care of matters
Yes Actually, I guess communications not connected personal
communications
interim
director Brandon
thanks for a second time we out for but that that's a board member and that was it yesterday visiting sites so accepting that definitely promote is decisive
true context of neighborhoods and business.
Oh, really? Oh yeah.
Excuse me. Just a small thing is the stenographer if everyone could please try to face your microphone when you're speaking, because I'm missing a few words here.
Okay. Can you hear me?
Yes, thank you
very much. I'm not going to call a recess until we do have oh, this is reason why my mic was not on she wears. I don't think any of our marks is on and actually, we probably have to double tap to get the green on a microphone recording
stopped. Okay.
That's actually much better. Thank you.
All right. All right. I know you're looking intensely like, what's going on here? All right. Thanks very much. We're going to call a recess until we quorum is established. Thank you.
Morning board members just wanted to make sure that you know I was here as well along with my co counsel here, William he wanted
Hey, the DeMars family right there, right little fella.
Want to say hi. Hi.
busy morning this morning so I'll I'll be available for lots of questions. Scanning as well but looking forward to it.
The tourney demirjian Lucky's he's ready to get out there to go soccer playing.
Hey, you know, you know he likes to be out there.
Oh, yeah. All right. We'll see you guys on the field.
See a few minutes.
Then I came down
So for that.
Now they're here for the Fulton case. organized.
Eight o'clock.
So
like see you back in order sniper team. To get a roll call.
recording in progress
watch more.
Here
board members, I'm not sure if your microphones are muted again, but it's not possible to really hear you on Zoom currently.
Okay. Let's do that over a director Brad. I don't think anyone had their mics I.
Think welcome, rabbits last word. present when we hear
Thank you. Okay. We still do not have forum. Let's reach out to some board members see where they at where they currently are right now and until then, let's adjourn until we can establish quorum 945.
recording stopped
Okay.
Excuse me. I just wanted to make sure I did hear that roll call correct. It looks like it's right now we just have Robert weed and Deborah Walker. Are those the two folks that
were here? I have the names right. I can't hear you sir. I
I don't think I think your mic was off.
Not ever longer.
Okay, I can hear you now.
I can't hear you.
Now work
and now it is. Thank you. Yes. Now I can hear you sorry. I heard you say it's not Deborah Walker
your mic cut out again. I don't know if maybe there's like a cord that's being stretched too far or something like that. But yeah. It's sort of it sounds like you're sort of cutting in and out.
Sam Adams, he hears Yes. Was that clarified?
I'm still not I wasn't able to hear the director.
Are you okay? Okay. All right. Can you hear me? I can hear you all right. So that was not Miss Walker. That's Miss nots. Then not? Yes. Okay. I don't have Oh, TTS. Okay,
thank you very much.
Hey, n o TT.
Okay. Thank you very much. I'm sorry, I didn't I didn't have your name on the list. I'm so sorry.
Yeah. So yes, yes.
You can see the agenda. I keep showing on screen let them know the agenda is on the screen with the proper names.
Also, Mr. Adams agenda, look at the agenda on the screen. Thank you. Seven board members. One is not sworn in yet. That's Robert Roberts. Don't get confused with the three the two other Roberts here but
thank you. I appreciate that. All right. Okay, sorry about that.
Okay, Mr. Chairman, go ahead.
Right,
let's rock and roll. Miss Adams, can you hear us? Okay. Call us hearing back to order. Can I get a roll call director brown board members Simon?
Well, member Robert, board member Thomas present. Member Watson. Board Member more. Board Member not present. Board Member We present board member not for clarification. Do you want he'll not pronounced or just not?
Not as fine.
Thank you, Mr. Chairman. You do have a quorum. Board Member Watson will not be here today. Well, my memorial indicated that she had an emergency and we're still waiting on Mr. Roberts to be sworn in.
We do have a quorum.
Thank you. Director brown can operate with a quorum and four members
this first case and director Brown. Mr. Chairman, you have a procedural matter.
Oh, my apologies. Are there new procedural matters director O'Brien. Yes.
And you didn't approve the minutes yet? You're right okay. So, Mr. Chairman, I have three cases for dismissal. These cases are currently in the BCA docket and are being dismissed for various reasons. So they're not becoming that BCA case. 47 Dec 22 at 1830 Church Street that was a variances for an existing dwelling.
BC
case.
Community appeal at 17 2632 Mount Elliot, that case is being dismissed and cooperation with that BZ a case 3522. At that address 173817234. Mount Elliot is being dismissed. So Mr. Chairman just letting you know these three cases are dismissed and will not be coming forward to the board.
Thank you.
We now need to approve the minutes. Okay.
For we do that director brown Can I get a roll? One more time.
Board Member salmon.
Board Member Roberts. Board Member Thomas. President. Board Member Watson. Board Member more? Board Member not present member we present was Jeremy have a quorum.
Thank you very much. All right. Want to put that on our record? The board minutes is here and I want to welcome board Mr. Chairman, I write I will set the motion to approve the minutes
of former Ouija
board member we'd I would make a motion that we approve the minutes to go forward.
Is there a second? It's been moved and properly seconded to accept the minutes and approve them. And the Andretti's any questions all in favor indicate by saying aye. Aye. Any nays? eyes have a director O'Brien right. There's procedural matter we need to handle with the dismissal of the three cases.
Those don't need to be acted on today from because I didn't where they were they scheduled they were scheduled but they still have to be. Okay. So we need a
motion to dismiss. All right. So I wrote him down. I think I have him but maybe a motion on the floor to dismiss
cases
4720 to 3522 as well as community appeal that one seven to six to mount Elliott
way That's right. Yes,
that's correct.
midterm.
Make a motion to dismiss case number 47 Dash 22.
Case number
35 Dash 22 address
on 726-217-2629
Natalie Marinelli. Is there a second or a week?
I second the motion to dismiss the cases
yesterday, okay.
All in favor indicate by saying aye. Aye. Any nays? As happen?
In every case members tahmina.
Offer amendment that is to that motion. That address is 17236 Mount Elliot
it's a correction. Okay, Director brand.
So first case in for today.
BCA. Case. One that has 23 also known as BC SL you 2022 deaths 00131. The applicant is Kangnam
Pan Am international trade crossing LLC. The location is 4445 lot in between West Hancock and Buchanan and an M four zone industrial and tensive industrial district cannamd international trade crossing LLC appeals the decision of Building Safety Engineer environmental department decision dated December 20 of 22. Effective Date January 5 January 3 2023. Which denied the establishment of a very high impact manufacturing or processing facility crushing grading and screening of rock stone slag clay or concrete on a 4.7 acre vacant site and an M four zone intensive and tough ductile district.
Mr. Chairman, on
February 6 2023. receive communication from the attorney representing
pan-am
My client has been working with the city on some alternative solutions for this parcel that will resolve outstanding issues and may make BCA moot. May we have a 60 day adjournment from hour to 20 days I also spoke with the petitioner last week, indicating that they are moving forward to have this case removed. So they're asking for six also Mr. Chairman, there was extensive community involvement around this case. I have been in touch with the petitioner and their representative letting them know that this the adjournment was requested and I believe based on what I'm seeing that the word did get out. So 60 days German has been requested, Mr. Chairman,
thank you, Director branch 60 day
okay, to the board. All right.
To the board. You all heard director O'Brien. There has been a form of requests for an adjournment for 60 days from the petitioner
get a motion on the matter
I second the motion to postpone it.
Will you move the motion? So you former week
whoever we'd based upon the information presented before us then I would make the motion to grant the adjournment through request of the petitioner
or not. Second,
I second.
Okay. It's been moved and properly Second. Any questions? Any other readings All in favor indicate by stating Aye Aye Any nays? eyes have it motion has been granted.
That, but I can't hear the director again. I'm so sorry.
That adjournment at 4545 logs and Ken Ham has been adjourned. Thank you, Mr. Chairman.
Thank you, Director Ibra. Right to the great audience to the board members. Our next case is not at the 915 I'm going on 45 945 My apologies and corrected by director brown on a recess for 10 minutes.
Work for him.
Get that going to be the verbs just.
Oh, he's gonna say
why he got a question somebody.
Time is the day from 930
at night
sorry for for our audience members. Here's my his phone on you guys use the earplugs or turn it off or going in the halls. Thank you very much.
Is just a little while ago.
Yeah, that wasn't a part of it. Yeah. Especially within the members. Absolutely.
Even with right
So
hello. Hello
we're gonna Jeremy right now.
I'm getting ready to take care of that. Hello
We're currently in a German right now. Okay.
Recording in Progress.
I'm sorry. To interrupt April that I did not realize that the hearing had proceeded there's no audio coming through zoom
in this demographer confirm that are you able to hear anything that's been presented
to you again, looking down Fulton Street, looking to the block opposite of of Whitcomb looking at residential properties directly across the street. Also directly across the street on Wickham looking closer towards Fullerton, and I could please get the visuals off. Everybody got a chance to see the actual building and didn't have access inside the gate but petitioner has their renderings. That'll show you exactly the buildings that are in question and that please the visuals, mister.
Thank you. It's beautiful. Okay, so Petitioner in
his on the screen we have a few people I believe the main person is on the screen he can identify the others Good morning.
Okay, Attorney Lerman, I have to go on. Well,
sir, how are you doing today?
Great. Okay,
I appreciate your time. I'm here to make a presentation. I believe.
Mr. Lerman. One second, please. Can you state your name and address for the record? Of course.
My name is Zack Lieberman. Our law offices at 340 Big beaver Troy, Michigan suite 145.
Okay, hold on one second. Will anyone else who's speaking alongside to turn the lemon?
Yes, sir. I have my colleague or Mallmann here there who can speak at how we have and we have a number of residents in the area there to speak in support.
Okay, can you state your name and address for the record?
Or might one do five A the way she furred you're wrong this year. I am co counsel. Mr. Lieberman here on this case. And we also spell your name for us please. He has an echo RS and red M as in Michael A is an alpha l is in Lima as well. Yes. Amazon Michael is an alpha and there's a Niagara D is in delta is an Ingrid j is and Jade A is an alpha. Thank you. Thank you.
Okay, was it will anyone else?
We do have some additional speakers. I don't know if they are on the Zoom yet but
it'd be speaking representative okay. What
are they speaking on?
Okay. They shouldn't be speaking on the case of small talk should be on this.
Are they support or speaking to the merits of the case?
They will be speaking the merits of the case my understanding and then we may I believe we have John Gamal or Joe Gamal from the architect's office to Zack you know if they're on the I tell you what, Zoom
who's gonna be a primary speaker, myself and Zack Okay, I'm gonna start with you. And hopefully, if you need some assistance and Call Attorney Learmonth or board
member Thomas outfor, Zack prepared began the presentation from our end and supplement any other issues that
okay, let's just say thank you. First. Let's do this. Okay. Attorney Dameron December, your staff established standing for us.
Our firm a law firm represents
out on insular Mahara. It's a very diverse.
Yes. Thank you chairperson Thomas, can I just confirm have we sworn in all of the folks who will be speaking I don't believe we have is that correct?
That's where I'm at right now. I'm just fearful.
Mr. Lemmon, would you raise your right hand please your for the for today's truth.
I do. Thank you. Thank you, Attorney DeMars you have the floor.
Thank you. I appreciate this. Opportunity. Attorney DeMars I'm sorry.
I keep doing them and
his no problem. Go ahead.
Okay. Sorry, it looks like we also have a couple of individuals who have their hands up chairperson Thomas.
I don't hold on
other involved in the case but they've got their hand raised and are trying to address the board. Case. Mr. Okay, hold
on Mr. Thomas, we need to confirm who all is proud of this case. We want to make sure we have everybody so for the two attorneys to identify who they
are one attorney. Thank you. Keep them here for a second. Who else is
just the client has additional additional consultants here on the case. I'm not sure all the names are to me. He identified them. I can identify them all by name. I don't recall all the names of all the other consultants. Pardon me. Brian one sounds like one or maybe a speaker towards support speaker I'm not sure.
Okay. Let's unmute.
I'll confirm with them directly if possible,
Mr. Brian, you don't leave it on and it looks like Mr. Sima is with her. Let's unmute them
yes
and I will be speaking going over the criteria questions.
Okay. Before we proceed, is this it regarding people is going to speak out on this matter today. Ask them
for people who have a lot of support people also
outside of support outside of support. I want to see who's representing this case right now. Oh, green
represent.
Okay, okay. All right. That's gonna be it. Can we swear them in
you raise your right hand please. Do you affirm your testimony? fullbore today's truth. I do.
Now is attorney Lerman Are you going to be the official spokesperson to start this off? Or?
Yes, sir. I believe so. I've got a presentation a breakdown of some of the immediate issues just narrowed down.
Alright, just when identify who's gonna be main speaker spokesperson. Can we miss Brian, can you mute your mic? For right now and take your hand down until you need it up?
Right. Attorney DeMars Thank you chairperson Thomas.
Good morning to members of the board and the public. Jonathan emerged from the city of Detroit law department. The following questions are pursued section 50 Dash three of the city of Detroit zoning ordinance so for any party to petition the board of zoning appeals, the petitioner has to possess sufficient standing, which just means that the petitioner has to either possess legal interest in the property or have been authorized by the property owner to appear on the owners behalf. The following questions are designed to assess whether you as the petitioners have met that legal standard and possess standing to appear before the board. Now as I understand it, the address for this property is 15300 Fullerton Is that correct? Okay, so, based on the single out apartment search of the public records for the property commonly referred to as 15300, Fullerton, we have the document of record a quitclaim deed that was recorded on October 27 2021, at labor 57150, page 972 And that deed reflects the owner of the subject property. As Fullerton real estate LLC. Now, the applicant did provide a another quitclaim deed which granted a property that's commonly addressed this 488 5/15 street to a grantee referred to as Prince Realty LLC and also provided a fully executed lease agreements between Prince Realty LLC and PNG holdings. LLC.
This property is the demos Yes, go ahead April and clarify that April has a
clarification for eight a 515. But I don't believe it's associated with this case.
And the board packet for this case number includes the deed and the lease agreement for that
address. We Can
I can I can proceed with questions to the board members about it. That's important because if that is the lease agreement that they provide in next their standing analysis so I'll confirm with Mr. Linderman and see if we can
get to the bottom of it.
Mr. rebrands check in the file. There's
no problem. So Mr. Lieberman, as I said, the the quitclaim deed refers to the property owner 15300 Fullerton, as I believe an entity called Let's see Fullerton real estate LLC. So can you please just explain your clients really to that entity, whether it's as a tenant or as a member of that LLC?
Of course, there is a Fullerton real estate LLC is the landlord. Full Greenfield's, which is the applicant is the tenant of a lease agreement, dated March 1 2022, between fortune real estate LLC, as landlord and full greenfields as an AI. You should have that that was submitted as part of our packet I can for
ya, I'll could I'll confirm that with the BCA staff. Miss lemon. I'm sure it's there. Just to confirm Can you please confirm for me Who are the members or owners of that LLC, which is the tenant
when set
by colleague or mall is that?
Michael lawI? Yeah. Okay. Ali Alawi is the sole member of full greenfields.
And are those members who are clients,
the companies or client we represent companies
the company is our client, not the member.
Understand but are any of the members of that company here present just to speak to your authorities that represent them guys,
Mike, aka Ali should be on zoom with Miss Bryant. I suspect there he is.
Around one second, this way for darker brown. Nice. Okay. They are they there with Ms. Brandt?
Yes, he's right next to me.
We swear you in first, sir. Would you raise your right hand? Do you form your testimony for the board today's truth? Yes. Thank you.
Thank you, sir. Can you just confirm Are you a member? What's the name of the company with which you are a member?
Fully agreeing to the state.
And are you a majority member of that company? Sir? Yes. Okay. Can you just stay on the record then that you've authorized the two attorneys here to speak on your behalf? Mr. Lieberman and Mr. midia? Yes, yes. And will miss Brian be speaking on your behalf as well today? Yeah. Okay. And so board members based on the statements made by the owner, the majority member of the tenant at this property, I'm satisfied that standing is satisfied here. I will look at the lease agreement and we can condition any grants on my review of that by recommend, of course, that the hearing proceed and that we continue with the hearing scheduled. Thank you.
Thank you, Attorney DeMars. Okay. Attorney Lieberman, you have the floor. What brings you in today.
Thank you chairperson I appreciate the opportunity. This is Paul Green. Fields appeal we're seeking reversal of besides October 28 22 denial with special land use Application made for 15 15300 Fullerton we were seeking originally a special land use for proposal 46,000 square foot marijuana cultivation center. And what we called Sweet a the property and a 3600 Roughly marijuana processor facility and sweet B of this overall facility. This is a very big facility. We proposed providing 27 parking spots with 12 additional parking spots. We have a parking lease agreement. This property is zoned as in two restricted industrial zone. We had a public hearing October 6 2022. That's when the original hearing was as you can probably see there was originally six residents from the nearby community that spoke in opposition. With eight letters in opposition. We had one person in support. The finding that BC made which I'll just briefly go over I don't need to read it. It's all in front of you. They determined that full green fields did not meet bc its approval criteria established in your special land use approval criteria which is section 53 281. It was a number of items they'll roll was that they just I believe the general gist of it was please correct me if I'm if you have clarification or seek clarification, but the proposed conclusion was that the conditional use was injurious to the use and enjoyment of the of the properties in the vicinity and the nearby area, mainly residential property. To the east coming out of Whitcomb street. That being said, obviously it is our position that this use is congruent with the strict code of the City of Detroit zoning code and for him to intensive industrial zone properties. This is a large project I don't see. Obviously, I'm a advocate for this, but this is a giant, unused warehouse. That's empty. That's not pretty. That's that's been unoccupied for some time. It's our position and we believe we established this and I'm prepared to go over but the use is not only not injurious or detrimental to the surrounding neighborhoods, but it will increase the property tax value. We're going to provide 30 jobs. There's going to be security a corporate presence in the neighborhood. There's a number of things that can go through but it was our position and our position that we've established that this project is nothing but a positive impact on the neighborhood. Hear me out I understand some people spoke out but my understanding is this is a misconception of what this project is. And I don't think that was ever spelled out directly to the members of the community. This is a massive development project. We're going to beautify the area there's it's a it's a roughly 100,000 square foot warehouse we're we're developing about 40 Some 1000 plus another 3000 word there's going to be significant investment in landscape. Just going to be a giant screening wall. There's going to be 16 grow rooms. This in for just so we're clear this property and all of our proposed application shares are all completely compliant. This location is outside of all buffer restrictions not in the drug free zone. It's not in any restricted thoroughfares, the processor that we proposed it's it's going to be focused on state and local compliance extensive employee training. There's going to be security guards there daily. There's not going to be any hazardous waste. There's no consumption of cannabis or alcohol tobacco on the premises. I think that was a misconception. This is a this is a grow facility. This is not a this is not a dispensary. There will be the all processing and all activities are going to be entirely indoors in a safe, controlled environment. So basically, from the outside, this is just going to look like a brand new facility. There's going to be zero indication that this is going to be a cannabis facility. There will be new landscaping, and there's going to be a an eight foot screening wall. Landscaping that complements the natural environment proves the general appearance of the area of state of the art H vac systems to ensure no odor, or nuisances were state of the art, surveillance security or it's going to be the men of the state minimums are in itself insanely extensive. We're beyond we go beyond that with our surveillance systems and alarm systems professionally monitored. As I said, this is it we're gonna provide local well paying jobs here. And I believe a lot of that got lost in translation. When we had I believe what what happened was the notice went out for the vicinity requirement notice to the local residents and I believe there was a, I think a misperception of what this project is and I simply asked the board to look at the black letter law as outlined in the regulations and consider that there's no there's no public outreach requirements. That being said, we still we still are making as many efforts as we can to reach out to the community we have a number of people speaking in support of this project, but this project is a we're seeking to redevelop an empty building that's not used and we think it's going to do nothing but bring positive things to the neighborhood. There was a mention of the beseech order, expressed it looked like quote concern with a proposal last split to serve quote, circumvent maximum building and lat requirements. proposed law splits or lawful valid solution to the city's maximum building requirements we've done this time and time again and BC does approve those time and time again. There's an end there's nothing illicit about a property split to get around or solve the the minimum or the maximum building lot requirements. And there's no zoning code or city regulation that suggests that a lot split to resolve this as unlawful, but that as I said that, uh, you know, I just ask that you, thank you for the opportunity. I understand. You know, I'm an outsider, I'm not a Detroit resident. And, you know, I'm walking lightly here but I also give us an opportunity to bring some residents in the area to speak for this project. And also consider just the black letter law, the BCA requirements, or I'm sorry, the SLA requirements outlined in the code. And it is, as I said, were requested finding that this is not injurious or detrimental to the public. And it's going to be nothing but a positive thing for this community. Thank you.
conclude your presentation right now.
Yes, sir. Okay,
thank you very much. CO counsel, you're approaching four. In addition to
slight additions, some clarification, I think this Brian will speak right after this. Okay. I just read it reiterate what my co counsel Learmonth said. 53 to 81. has certain especially nice requirements. The denial from the seed provided no specific reason for that denial based on the color they just regurgitated. The code provided no actual specific language to why something was met or not met. So you know, we have no idea of what what that was for the reasons they provided work to the community outreach number one and then a suggestion that that's a lot split was somehow to get around the to get around the requirements for the size of the property, which yes, obviously it is. And there's nothing saying that we can't do that. We've done it many, many times. This board has approved that BC has approved these things before Council created this ordinance for that purpose, right. That's the whole purpose of the lot split. It's going through a firewall so I mean, that should all be in line with the code again in line with black letter law. And while there are people who, you know, may be against this project for whatever personal or political reasons that they have in the neighborhood, there are also many people who are for this project, which Miss Bryant will speak to and then they will, again, speak to the projects and then the proponents of the project will speak towards why this project should continue. But again, this is a project where we're redeveloping a site that's otherwise not used in an area that's otherwise you know, very low traffic area. Being on a side street and off of 96 and my understanding, I don't know where we got the Wycombe entrance. I think that's just for the additional parking. The actual entrance here I believe is on Fullerton. Correct me if I'm wrong, but it's actually on floors, and that's where the majority of activity will go through is that Fortson entrance. If we can look at the the plans again, I'm sure it'll show that I think the confusion here and there was some confusion in the initial hearing. Again, this is not a retailer facility. This is not a lounge. This is a grow and a processor that meets the requirement special land use. The additional parking is on a lot that's off Wickham but again, that's additional marking as necessary. The actual majority of the entrance is on Fullerton and there's no residential property in that area whatsoever.
Just quick question for you, sir. Before we proceed,
did you were you able to go out
into the neighborhood?
I've been in a neighborhood can support you I've been a neighborhood. My clients been the neighborhood as well. They've been there for some years me spoke with the residents not me personally. No, my client did. I believe it's Brian did some other
issues prior to the Building and Safety Engineering here.
We spoke to them prior to as well as my understanding not me personally but my client and prior as well
to the consultants Miss Bryant and Mr. Sema today visit after or before
I can speak to Miss Bryan specifically. It was single, but we did have other consultants that did go out into the community once again, and this is another I think point of that something that's changed with the rules in the city of Detroit is that the community outreach portion used to be a part of special land use, despite the fact that it's not codified into at 150 That shows to anyone. It's something that they wanted to do since then Creo has bifurcated that so at this time, all the community benefits and the community a portion of these facilities is conducted prior to obtaining licensing. So when you go to obtain license, you have to show community benefits plan Creo has to approve that plan. And then you obtain a license and again that's just pure for was shaking her head. Yes. I think she's aware of that fact that that has been bifurcated. It's been probably some months now. Six, eight months, maybe a little longer than that or that hasn't made that up.
Because, you know, it's always good to talk to the community prior to coming in there. And doing business. Particularly this type of establishment has garnered a lot of attention. So it's probably better to hit it head on versus pushing and kicking it down a road until later time. So and I'm not sure what, how many people are in support. But your Mr Linderman indicated that well, that's okay. It's always good to gain support press reports indicated that Miss Bryant
was going to make a she will make some statements now I believe is Brian and Chris. Let's go to
them and then we're gonna come back and speak with excellent Mr. Chairman. Okay. Mr. Mr. Bryant, Mr. Sema, I'm not sure which one is going to speak today. Can we have them unmuted?
unmute you guys, can you unmute yourselves I'm getting a nickname Nick cannot. That's the second
Thank you.
Okay, Mr. O'Brien. Mr. Siemer? Yes. Okay, you gotta tell the floor. Okay.
Basically, what we're gonna do is go over six
criteria, approval questions.
No more. You know how this goes was brand SEMA. We're not there yet. Regarding going through there.
But like to say as though we do have a lot of community support. There's over 18 people here. And there's over six residents right off the street they were concerned about in support here right now. Okay. support from the community.
Okay, let me ask something. Miss Bryan where you guys hired prior to the BC hearing? Yes. Okay, you guys to the community.
This is the BC No, no, you were no, no, we were
not. Alright. i Okay. I can see where the issue is then. All right, in only rheostat because we're only we're only supposed to discuss information prior to the December 22 decision over it. sounds like to me you guys are higher after that. This is in order to educate the community on what was going on. What do you guys try to bring to that area? They may not know what a grower processor is. Maybe they think it is a medical marijuana facility. Maybe they think is allowance I don't know. But it's incumbent upon your client to educate the community, which I was trying to tell co counsel before it's up to you guys said hit that head on before you guys reaching the opposition just to educate them on what's going on in the community. But I'll let you proceed right now. But this board is only going to be able to consider what happened prior to the December 22. Decision order.
Okay, well basically yes, they are here in support. We did educate the community so they realize that it's not going to be a traffic for a lot of clients coming in as a marijuana use facility. And as the attorney exclaimed, it's going to take an empty building and turn it into a thriving business. That's going to be paying taxes. It's going to beautify the community. It's going to allow us to have more jobs in the community. It's going to be more security in the community. So all of this is going to enhance this area. And that's the reason why we have so many people in support now. Once they realize what was going on. And today, we are pleased that you will see our way and allow them to proceed.
Okay, you guys have anything else that's it.
All right.
All right. Let's move on to the department.
Good morning.
Good. Is it miss Filson?
Yes. Good morning, Chairman. Good morning board members. This case was before be seen on October 6 2022. We did a denial for them for the following reasons. We did have community opposition for this case. And the applicant did not do their due diligence and informing the residents what was going on. And so we did have opposition with people speaking at the hearing and them writing letters in opposition. There is There was also an issue with the insurance being on WIC. There is no entrance on Fullerton. And so there are residential houses that are located on WIC on Wickham is zoned r1 which is single family residential. Also, we had concerns about the parcel split. Yes, we have approved in the past parcel splits and also this body has approved parcel splits. But we had an issue with this building being 95,000 square feet, and they were only going to use a little under 50,000. So that means that rest of the 40 plus 1000 was going to be vacant, and they were trying to circumvent the square footage that if you go over 50,000 square feet, that they would need to come before this body to get a waiver for that excessive footprint of the building. So those were our concerns and that's why we denied this proposed shoes.
Okay, thank you very much, Mr. Lawson. I believe the petitioner wanting to participate attorneys indicated that there are main operating and be operating on Fullerton not welcome now. Was that what was presented to you all?
Yes, I have the site plan in front of me. Um, there is no entrance on fuller 10 the entrances are on wakeup.
Thank you very much. Any questions from the board? I do have a follow up question for you. You mentioned their letters as well as the six persons that came on in opposition. Yes. Okay. How many letters were received. I
believe we put in the decision. There were eight letters of opposition.
Okay, and one support. I see. I'm reading right now. Okay. Thank you very much, Mr. Mr. Barkley. You have anything for us. From the planning department.
Good morning, Helen sharply planning and development. After the October 6 2022, public hearing, and bc we provided a recommendation of denial. Based on excuse me, significant community opposition. position there were petitions in opposition signed by 80 people as stated the eight letters of opposition. We had concern about the lat split and it's used its application in this in this particular situation, even though you know you've you've already determined and it's already been stated that it's been legally done before but we we continued and we indicated in our recommendation that we continue to be concerned about the use of that through existing buildings, rather than on on parcel lines. There was also concern there was also concern about existing fees and in violations at the site that had not been addressed at that time. And there was also the access issue on a residential street and also screening that did not meet the zoning ordinance requirements. So some corrugated fencing needed to be removed. So all of these issues were cited in our recommendation or denial and conditions were provided. As well to to address those issues that were brought up. And and were reasons for recommendation of denial.
Okay. Any questions for Mr. Eppley? From the board? Okay, hearing no see now I do have one question Mr. Eppley. Does it does this particular facility proposed fit within the Master Plan?
It is a retail use. So it is consistent with the general the future General Land Use designation of light industrial
Okay. Thank you very much. I write to the board. This shift to I believe, I believe we're doing 5054 121 5353 121 53 To 81 to 81 Okay, great. All right. 53 To 81 A bring that up Director of Brand, right. So director brand do we have this in question format,
it's in your folder. Okay.
Great. Thanks for bringing our attention. Okay, so the petitioner I'm not sure who's going to be answering these questions here. We're going to go over 53 to 81 pretty sure I'm not sure if it's minutes, okay. Yeah, Miss Bryant. I believe you brought it up before its fullest.
Okay, Dr. Rock, can you go down a bit and he's got me questions is this
1515?
Let's all participate in this one. I don't have to 81 By the way directly, Brian. I do. Just not in question format. All right. So, to the board, we're going to ask these general approval criteria and question format starting with start where you born we let's do three.
It's Brian, yeah. So you ready? Yes. Did you did you hear former week's question?
No, I heard nothing from Council. Board Member Wait, I heard nothing.
Yeah. Okay. Your mics not on when we
all right. Sorry about that. The first issue that we have to deal with is how the establishment and the maintenance and the location and operation of the proposed conditional use will not be detrimental to or endanger the social, physical, environmental or economic, economic well being of the surrounding neighborhood. So how would you address that?
First of all, they're going to have their business contained inside the building. So they will not be detrimental to the environment around them the neighbors, and they're going to have the fencing put up. So that is not going to be impacting the neighborhood also in the surrounding neighbors. So it will not be detrimental to the neighborhood.
Alright, the next issue is to have you explain how this use will not be injurious to the use and enjoyment of other property in the immediate vicinity. And of course, because so many of the people lived locally objected to it. How would you address that?
Well, we have, like I say educated people of what they can expect from this use. This use is not a public use, such as people coming in and out, you know, purchasing items such as that it's a grove facility, and it will be transported into as a large bulk situation because this industrial area, so they're not going to have the traffic that they were expecting, it will not be injurious to the immediate vicinity in any way. In fact, it will provide security and for that for that area also.
All right, all right, and the next issue is how this conditional use will not substantially diminish or impair property values within the neighborhood. Do you have any information or proof of that position?
Well, first of all, once you're approved, they will be a taxpayer in the area. So there's going to be an improvement because they will be paying taxes so the area can have services to be a thriving community. So instead of diminishing it will enhance the value thank you
when we do one more for all right for peace.
Alright, and the next use is that explained how this use will not be inconsistent with the goals and objectives of the Detroit Master Plan, which of course would be to protect the rights of people who live there and who have been there for a long time.
As Miss sharply already indicated, it is in line with the Detroit master plan.
Okay, thank you. Okay.
We're not to do the next four.
I am really interested in the vehicular patterns.
Yeah, I don't know. So for me what I prefer to sit in question format. Let's do want you to do 567 and eight. If you can ask that in question format
number 567 and eight. And after you ask any additional questions you can always ask,
okay. Can you explain how the this establishment will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district and that includes plans for development and improvement and how it shall be evidenced in writing and published in a community plan development plan, cluster board plan or a similar document.
They have submitted a site plan that has outlined that they're going to be able to operate in the normal use and development of this area. This is like I say it's going to enhance the area simply because it was vacant. And now they have ruined to have a thriving business, landscape and etc to beautify it and like I said the the plan that show and indicate the improvements.
Okay, and we were particularly asking about if it would impede future development, perhaps in that area. No, that isn't okay. And also they have you installed or plant install utilities, access to roads, drainage and other necessary facilities.
They will comply with letters of the law that is necessary for those items.
Okay, and it will be compatible with the capacities of public service and public facilities that are affected by the proposed use. Yes. And the conditional use will be compatible with land uses on adjacent and nearby zoning lots in terms of location, size, other character. Yes, it'd
be credible.
You also talk about think the person in the room actually mentioned or someone maybe it was attorney Lerman talked about CBA. The community benefit agreement, language
or vitamin D. I believe I didn't mention that. And it was suggested in that respect is that there's been a bifurcation of the rules within the city of Detroit to supplant the community benefits agreements at the Creole level so so the way we'll go now, based on the city's rules is that should this place be approved we will develop the site, develop the property, obtain CFO and then go for licensing and once we go for licensing, we'd have to provide community benefits agreement at that stage for criado approve that actually issue the license so the notion is even if we do get the special land use, even if you reverse the decision at BC, that doesn't mean like as we get a license. All that means is we have the opportunity to develop the site, beautify the area, and then should we meet the community requirements at that point, then Korea would issue us a license. So there's another layer here guys
to consider the word
problem as you guys
understand, Mr. Thomas,
because I see I mean, I can tell what a grower is. But the Reddit community, always don't know. I mean, you guys do yourself a disservice by not informing him in the first place, lies and eight that's forming a community agreement. You have to first go through BC ECA. And this case come before us and then getting that agreement, which is which is cool. It's great for me, I'm happy to hear that something's gonna go along. And what we're here today, what we're here today is the things that happened before December 2022. When a decision sit in order, lead That's correct. The
issue. So that's what we can hear today. afterwards.
We really can't hear we only can base our base building and safety engineering.
Websites always good to get hurt
to the BCA before a decision over
Thomasville my client did engage community beforehand. I think part of the confusion stems from the use of the word retail sometimes IBC and ask continue to say that it's a grow it's an adult's really
well out there
I know most of us know.
Grower
retail operation, growers always
wondered what I'm Thomas.
My other question was around, then I know that one of the other members is probably going to address this question but my concern was around the vehicular traffic patterns and particularly disturbing or concerning is that the entrance is on Whitcomb which is residential and not on Fullerton. So how do you plan to address
Jared mentioned that I have there were a couple of projects going on Alex was Brian speak right after there were a couple of projects going on here. So I may have misspoken and so the there is an entrance on 14 for this site. And when purif Inspector Purefoy show that plan you can see that entrance on for it and if if if it's a major concern, I think we can amend that entrance to add some additional an entrance to through Fullerton but at the same time. You know, this is not a retail facility. It's on the people around me coming and going here at all hours that day and night. It's you know, employees will come to a park, they'll park at the overload area. They'll be inside for eight, nine hours 10 hours a day and then they'll leave you know so it's not like people are 20 cars every hour are going to come in and out of this place. It's not the case at all.
And I can give some insight into that to you know, I'm looking at the 2021 ADT traffic
ticket, please. Oh, sorry. I was on mute earlier. My apologies. Once again, as I plan issue happens at the BC level there are some issues that what your site plan if it's truly on Fullerton and not on welcome as a site plan issue that goes before BC that's supposed to have been revised and Ando on that level, not coming to the BC BCA today and trying to correct that
response I'm not trying to correct it here today I'm what I'm suggesting is that a lot of these things are conditional could be conditional approvals right from BC they say Hey, move the entrance over here or do some like that and then subject to that, you know, you can clear your CFO because again, even if we get even if we get approval a lot oftentimes what we receive from BCD is conditional approval that has additional requirements have to meet and until we meet those, we can't even get CFO, you know, let alone a business license. So I think some of these issues
did you guys talk with BC at all? I mean, usually they will tell you what the issues are. And if you guys are able to correct it, they revise a site well you guys decided to revise the site plan and then reissued to building a safety
or approval. We spoke with VCs and again like I said I'm not JD said that that interests on Wickham I'm not going to doubt her all I'm saying is that there is another entrance for this site on Fullerton. The drawings could be amended to reflect that if if parking was a big issue or the entrance of a parking use was a big issue. I don't think it is the there's an existing entrance on Wickham for this site as well. I mean, again, this is roughly 100,000 square foot warehouse that we're talking about the splitting and preparing a portion of it for this use. You know, there was always a bunch of answers on Wickham. I suspect 20 3040 years ago, that entrance I looked at was heavily used. So in fact, we're proposing here is even a reduction of what was going on here before that was an existing condition. I don't think that's a new entrance we're proposing on Wickham, I think that was something that was always there. That parking area was always there, you know, and that entrance was always there on Wickham. It's not something new that we're doing. I think the major issue here is, again, like you said, some of the community doesn't understand what was going on. Here. And we should have done a better job at communicating that to the community, despite the fact that I think you know, there's been some miscommunication by even the municipality to the community with regards to what the use is. That's why I wanted to clarify things sharply. Even mentioned at retail use again, and I want to clarify that it's not a retail use. It's an industrial use. It's a girl facility and a processor. There's people aren't coming there day to day, you know, aside from the employees, and the security guards. Okay,
any more questions? We're not very much all right. Hold on. Miss Brian, you want to dress up in?
Yes. I just wanted to add that they are photos of the interest is on full 14. So I assumed that they were part of the Pinterest because we didn't see that part. When was Pierre fey did the pictures. We only sell one shot. And you can see that there's absolutely two gated entrances of from folotyn.
I will tell you what, I don't see the interest is Fullerton that should have been handled once again. We're building a safety engineering. I'm only going to go by what their denial was based on and right now, Miss Felson from building a safety indicator there. There's an entrance on welcome, not Fullerton. I'm not sure if that was a revised site plan. But what was indicated to us today is that it's on Wickham says something different
i All I can say is I can see some Fullerton entrance.
One big lot the sliding,
sliding gates, yes.
Okay. Let me see that. Okay, all right. Well, Miss Brown, are you complete? Yes, I am. Thank you very much for Mr. McKeon. Next for please
please explain how to conditional use will not hinder or have a detrimental effect upon the vehicle attorney patterns ingress or egress traffic flow, nearby intersections. Traffic visibility in the clear vision triangle and other vehicle and pedestrian traffic patterns and the vicinity.
And that's part of what we just went over. That we do have the interest is a full turn and so basically that will handle that not a lot of turning around in the community on residential streets.
Phases play out a conditional use will in all other respects conform to the applicable use regulations that mentioned the requirements, general development standards and any other applicable requirements of this chapter.
We will comply with all sorry, we will comply. My client will comply with any applicable requirements of this chapter.
Please this point on a conditional use is consistent with any approved preliminary site plan
which question are you on number 10?
Now 11
Okay, I'm sorry, I was distracted. Okay. The conditional use is consistent with any approved preliminary site plan
please explain how
it's in line with
the use
and requirements that are outlined necessary for this use.
Case is going on a conditional use is so designed located plant and to be operated so that the public health, safety and welfare will be protected.
Basically, our use is going to provide the security that is necessary. abide by all public and health and safety and welfare requirements for such a use. And that is something that will help protect that area and the and the community
you don't want second. We're not Alyssa complete these. The rest of these. The board measurement you left off at 12 Correct? Yes, yes. Okay, let me do 1314 and 15. Are you ready? Are you ready Miss brain?
Yes, yes.
Thank you very much. Okay number 13. degree that the conditioning in the US shall not involve activities, processes, materials, equipment or conditions of operation that will be detrimental to the physical environment or to the public health in general welfare by reason of excessive production of noise, smoke, fumes, glare, or odors. caused
by the Environmental equipment. filtration, excuse me, the filtration equipment to make sure that the odor is going to be contained and not excessive for the community. So the odor is should be under control based on this filtration system that they're going to be installing.
Okay, what about the noise, smoke, fumes and glare?
They are going to be working inside and the chrome of plants is very quiet. So it shouldn't not be very noisy. Basically, it is a strong structure. So maybe we'll make sure that if it does get noisy or for any reason they'll provide what kind of installation that's necessary to make sure that they keep the sound down and the glare and lights will be in compliance with what would be reasonable for the community.
Okay, well your conditional use, be consistent with and promote the intent and purpose of this chapter of the ordinance. Yes, okay. Where there's public civic or institutional use is to propose use on land zoned industrial in the normal operation that are allowed in the district, including smoke noise fumes, glare and odor shall not adversely affect employees patrons or users in a proposed public, civic or institutional facility.
Yes, they will abide by all the laws and safety compliance for the employees as well as people in the community.
Okay, I'm going to go to board member Nachi had a question.
Yes, I want to go back to public health and I wanted to know I know you talked about the filtration system that you are going to install but did you conduct an independent health impact assessment that would actually see the impact that would measure the impact that it could perhaps have on the surrounding community?
I personally did not. I've had to ask my client if he had did that. Prior to this hearing was for okay. The attorney might have some more information pertaining to that this was not illumine Do you have any?
Typically, yeah, I'm glad I gladly interject. Thank you board member up. Typically with these with our submissions. We provide some of the specifications in the age factor h fac items, including carbon filtration and negative air pressure. If there's if there's an additional study that usually the BC wants that we conducted, but we don't for at the application stage we don't put that together unless it's requested by PC. But I would add rest assured our our H back materials are going to filter 99.9% of the odors and create an odor free environment and we can't we couldn't exist if we had a odor issues or created nuisances for some of our neighbors. We have to We that's our main goal is to be compliant and have a healthy relationship with the local community.
Mr. Lehman's trying to
say any additional questions? Okay. You have to have a
say is that there'll be no growth facilities anywhere in Michigan. If that if you know if there was some sort of health safety issue that that exuded from these facilities into the public. I think the main issue with the question in that question, I think it's actually the question 14 or 15 or 14 up to 81. When this situation is with respect to the older and again the older has mitigated through obviously through having installation in the facility but also through having separate air circulation and air handling units, as well as odor mitigation, you know, oh two and co2 302 and carbon filtration within the facility. But then of course, you know, having facility built in such a way designed in such a way where you know, the grow rooms, that's really where the smell is in the grow rooms. And the rooms where you're really trimming and the harvesting has been designed in such a way where that's not like right next to the to the to the actual entrance or exit where people can come in and out of and that's part of how we mitigate those factors. And then nowhere else has there been an issue that I'm aware of, with the smell protruding out of the building an into into the Tronic community. If that is the case, you know, that that's something that the property managers should follow up on for sure, to make sure that the capacity and the you know, the systems that are in place are functioning accordingly. And we you know, most facilities do that annually, and by annually to change the filtration systems, meaning the filters changed the or expanded filtration. If there is too much odor, it's really something that's figured out if there is additional issues, figure it out in development and operations, you know, maybe there's too much odor coming from this area, you know, so we should add more filters, Morrow to etc. or redesigned this area. So the smell is not escaping the facility. I haven't personally heard of anything. I don't know if you guys have haven't heard of personally any any situations like that with growth facilities or processors. But those are valid concerns for sure.
Thank you Miss none.
Any additional questions for the petitioner? Okay. I will say this. So we heard from BC where from planning, I'm not sure if you are you can answer yes. Or Miss Brian will be but it looks like building a safety denied. You all based off of it looks like maybe two things here. Really community opposition, which they have eight letters of opposition. And then six people came and actually oppose and you all have one person in support prior to the that 1022 decision order is Brian, did you have any other community input regarding this?
Yes, like I said that the people have been explained what type of facilities that reached out and they are here in support right now. They're willing to testify that they're in support. And like I said, we have over six residents from the work with street air right next to the interest that you are referring to in support.
Okay. And can can someone address and now wait for that, Mr. Brian, for the community testimonials. What about addressing the Wycombe concern regarding traffic? I understand this facility is not in use right now. But when a grower comes, such as this facility here being proposed today, you come intensify traffic, how much anticipated? That's that? I don't know. I'm not sure what your business plan is. You said he I believe you have you're hiring maybe 15 people or so for his facility. How
many folks I believe that totality is about 2727 If I recall, I don't know. Okay. Then
you have people coming in and out for growing and processing reasons. But that, as he's two gates right now on Wickham one on Fullerton, but it doesn't look like it looks like maybe it's for loading or something it doesn't like it's for pedestrian or employee use. Looks like everything is going to be really concentrated on Wickham. Can you address that?
Sure. Yeah. I said if the parking was proposed on Wickham that was an existing parking area. As far as parking you know, it's again if the 14th entrance is for loading unloading, you know, that's where say once a month or once on the on the timing of pickups you know, is when these vehicles were coming up like an e 350. would come to pick up a load of finished marijuana product to deliver to other facilities with respect to the employees. I mean, it's just like any other business they would come there in the morning and they would park within the gated area. They would enter the building they would stay in the building. Essentially, most of the day, they may go out for lunch. I can't say they won't, but they'll say essentially eight to 10 hours a day in that facility for the most part and then leave at the end of the day. So I mean, I don't know how that road is meant for that type of traffic when the when that road was designed and these facilities were originally designed. They were built without traffic. In fact, they were built with more traffic in mind than what we're proposing. You know, again, this facility. This is a building that's existed for 50 years, I think, 60 years. And again, when it was designed and when those streets were designed and those houses were designed, it was designed with actually with more traffic in mind, what we're proposing, in fact, is a reduction in what what was previously always there, despite the fact that maybe in the last five or five or so years, maybe 10 years I'm not sure the exact timing, that there hasn't been that much activity there. Again, these these roads are designed for that capacity. The area is designed for that capacity, in fact designed for even more capacity and more traffic than than what we're proposing. I don't think it's going to be a major issue to have employees coming into that street parking into that parking lot. Staying there and then leaving again, this is not a retail facility. It's not open to the public. And if someone comes knocking on the door, you know we're going to turn them away. Unless they're, you know, for an interview for a job or their their, you know, to for some specific reason, related to the facility. You know, this is not open to the public. This is not something that people can just come in there and buy product to do anything. It's that's not what it's for. yet.
So we're to that point. It this would have been probably good to know for the community prior to that decision order. You're educating us on what's going on, but I don't think the community was but we all can go by once again. Building and Safety is denial, not what's presented today.
I understand remember, Thomas and that. I'm glad you said that because again, besides denial is on the basis of like we said we said it's what we believe it is and I think what what what BC confirmed is that it's because people from community came out and understand what the situation was. Nevertheless, 281 does not have a section that says that, right? There's no element of 281 which provides for that, right. So essentially and with all due respect to the community and the city, it's an unlawful denial. The rationale for denial is not an element of special land use, despite the fact that you know, there's wording to suggest that as elements, which lands it's just not right. And of course, my client would have done a better job at educating the community about what was and what wasn't. And again, I think some of that confusion had to do with the mailers that were sent out and the language maybe in those mailers or the language used at the previous hearing regarding what the use actually was. I think that's where a lot of confusion stems from, again, this industrial facility. There's no additional traffic burden being created here. effect is a reduction from what was historically planned. In this area by the city 50 years ago when they approve the original building and develop the original community. And also I think a lot of the issues stem from the fact that that maybe there was misuse of certain terms like word retail, may have been thrown around. That created some of these issues that wasn't we didn't say retail, that wasn't nice, you know what it means? So I think that's where some of the music stemmed from. If there's any additional my client did community outreach, and explained that I think they were kind of the monkey wrench came in again is maybe the use of the word retail, either in a letter or in a in a hearing that created some kind of confusion. You know, and then the other point of it is, you know, generally sometimes people just don't like marijuana use, you know, they hear marijuana, and they said no, not in my neighborhood, you know, despite the fact that it needs a special language requirements and meets the requirements of Site Plan Review, and it also meets the requirements of the master plan. You know, and we're we're also, you know, I think, needs to be more educational for those concerns. So we can actually deal with those concerns, but sometimes we just I can't change somebody's mind if they don't want to feel or change their mind, you know, but again, to 81 has very specific requirements. I don't think the reasons provided by BC meet those those technical requirements to 81 whatsoever, personally, okay, that's what we're asking for reversal.
Of Thank you. I'm gonna give you another opportunity to come up here. I'm pretty sure we're going to hear from some community testimonials. Are any additional questions regarding this matter, for an abort Okay, let's move on.
From a board member
Okay,
so valid point.
Attorney DeMars. Yes,
hello traverse sometimes Okay. With
your only safety denied this based off of some concerns of theirs with they felt is potentially did not meet the requirements based off the criteria and including community input. are we considering new input today or how our handling is, is we're in we're entering now the community testimonial portion of the hearing
how should we proceed with this? Jefferson
Thomas again Jonathan America city of Detroit a lot departments anytime that public comment is called for in a hearing like this where this board is listening to an appeal from a lower departments decision. Public comment is absolutely appropriate and acceptable to take into account, keeping in mind that the public comment should be focused on and isn't always focused on your decision right now. Which is whether or not BC made the correct decision at the time it made it. Of course, if new public comment has thoughts about the condition of the property today or improvements have been made since the hearing, that sort of comment should not necessarily be taken into account by this board because that is outside the board's responsibility or perhaps jurisdiction to make a decision. So, you know, we are obligated as a public board to take public comment in these hearings. And to the extent that comments are given as it relates to the original decision and opinions and thoughts about that. I encourage this board to take those comments seriously, as it relates to comments made by those in public comment about things which have happened after that hearing. The board understands how to respond to and address those comments. And I see board members serving stands up
okay. Or my chairman?
Turning DeMars? Yes. Oh, BC indicated to us that there were six levels, six letters of denial, one and support. So if the petitioners say they have
this correction, they indicated that it was eight letters of denial. Eight letters have six persons present that they also was an opposition and only one person in support at the time of the denial.
So 14 People went not in support, one in support. So we listened to the petitioners people more than one person that says support today. Isn't that considering new evidence?
No, not necessarily board member Sherman. For you know, new new public comment is is not Yeah, taking comment. Today about the hearing or there could be all kinds of people who have opinions about the hearing at the time and how it was handled and how it was was not properly decided. There could be 100 people voicing opinions about the petitioners argument in favor of their argument and against their argument that didn't speak at the original hearing, and have opinions about how that hearing proceeded. So of course, the comments that are focused on that hearing, this board can entertain many, many comments to that effect. It's not taking new evidence what would be taking new evidence would be for this board to consider any actions that were taken by the petitioner since that hearing, or any actions taken by the city since that hearing as well. And any comments that focus on that as opposed to comments that focus on the original hearing. So by way of example, board member Sherman, if I came on and gave public comment as a resident or a neighbor of this property even if I didn't speak at the original hearing, you know, I can still speak to the original decision and argue why I think BC made the right decision or argue against the seeds decision. And so could my next door neighbor, the neighbor after him and so on and so forth. So there could be lots of people who come in and speak about the opinion that was made or the excuse me, the decision that was made at the time, and that does not constitute any kind of inappropriate new evidence. I hope that helps clarify.
Okay, thank you. Yeah, so, so everyone has that. Alright. Okay, let's proceed. Let's proceed with the community testimonials regarding this matter today. Starting here. Let's start with the audience. Anyone here in support of full greens field LLC at 15300 fullington? Anyone here in support? Anyone present in audience today in support of this matter? We can go there and unseen now let's move to our zoom participants. Anyone support press Alt plus y by keyboard star nine. By phone option plus why by MAC device. If you are in support. If you are in support once again star nine by phone plus Why buy keyboard option plus Why buy a Mac device or if you're brand new see anyone's
is Miss Bryant aware that this is Brian. I don't see any hands.
I don't see anybody on this. It's only see us I don't see any
hands or support. I see.
Okay. I'm looking at now we have one
okay. Zoom user. Zoom user. Can you identify yourself? You unmute yourself?
You have to unmute.
Okay, can you say your name and your address for the record?
Pamela cow.
Well, I'm sorry. I'm sorry. Can you repeat yourself? We were getting to echo here.
I'm Brittany fan Roy. Well 740 Wickham Street.
Okay, Miss spiritual keys where this witness
says you raise your right hand. Please. You affirm your testimony before the board today as truth? Yes,
thank you. Okay, ma'am. You have one minute Yeah. In support.
Yes, I live directly across the street from the building. And they've been a major asset to us especially during the COVID. They feed the homeless they fed us. They check on us they keep it clean. A major asset so I in total dreams.
Okay, thank you very much now. Okay. Anyone else and support press star nine foot by phone option plus y by MAC device. Alt plus y by keyboard. you state your name and address for the record.
Pamela Brown. Okay Miss or zero like them streets.
Thank you very much Miss Brown. Where Miss Brown in this beautiful is your right hand please.
You find me what today's
Yes. Yeah. Yeah, one
minute and is Ms. Brown?
Yes, I've been a resident of Whitcomb Street. I was raised since I was 10 years old. I'm 58. Now I told you support. Move back, move back a little bit. Excuse me. I totally support the cannabis grow. They have came into our neighborhood eight years ago and have nothing but have been nothing but an asset to us, helping me keep the community clean doing anything that I asked him to do. Around Fullerton Whitcomb. And the other streets, sell they have all the curing COVID They came and assisted me in helping the whole community with food, water or whatever was needed for his battery.
Okay, Mr. Brown, you said he came eight years ago. We're already known years ago. Pardon me what were they doing eight years ago.
They when they first came into the community, I'm the community advocate. And they when I introduced myself introduced them to city council and the other ombudsman office. Just Just one moment okay. Okay, now we're having some technical difficulties. Okay,
thank you very much. Yeah.
Myself. And when I introduced him to the deputy chief of the city of Detroit Police Department, as well as the ombudsman office from Simpson, then they assisted me in keeping the neighborhood clean because it was a dumping ground on Fullerton and we come in our rock around our neighborhood. So they anything I asked him cut the grass, clean the trash up and everything. They were always there to do what I asked him to do. We don't have many neighbors on Whitcomb street because it's a lot of vacant homes. It's been demolished. But we still want our neighborhoods clean, and they assisted me and cleaning keeping up clean and helping the people that's in our community. So as 100%
That's a good follow up question. So they've been growing on it welcome for eight years.
No, no, no, no, they it was a there used to be a company called auction block. And unfortunately, that person was killed by one of his employees. So these people stepped in abroad company. So as they entered our neighborhood, I'm the neighborhood advocate. So I firstly came around and introduce myself to tell him what we expected of them in our neighborhood. And he thinks they've been complying ever since they've been here.
So we've been here.
I'd say maybe eight years, seven or eight years I don't know the exact years because I had a stroke but I just know that when they came here, I personally introduced myself until then what we expected in our residential area, because we have other companies that's in our residential area that has not complied with my request to keep our neighborhood clean. Especially l&d trucking, and other companies has in our neighborhood. They don't they don't want to help keep our neighborhood clean, but they want to come here and be make all the money and don't help us keep our neighborhood clean and help the neighbor sits in the neighborhood.
Okay, thank you very much.
You're welcome.
Okay, anyone else? Press star nine by phone option plus Why buy Mac device plus Why buy keyboard. Anyone else want to provide a community community testimonio and support
they're coming.
I'm sorry. Is that Miss Bryant?
Yes, they're coming. They're coming to the scoring. Like you're on your way up.
We need everybody like
let me actually this was Brian how many people you have with you? Because seven, seven more or five more. That's
it 7770
Okay, thank you very much. Next person can you state your name and address for the record?
297 quail. Okay, Miss beautiful. Can you swear? What's your name again? Sir?
Chester Simpson.
Mr. Simpson. You swear Mr. Simpson and
you find your testimony for the for today's truth. Yes, thank you.
Okay, yeah, one minute, sir. Yeah, these guys came into the neighborhood and start helping us out pretty much what they doing this is bringing back the neighborhood. I've been over 50 Fitbit 52 years in July. And I haven't seen a group of people come over here like that since so.
Just to make it short and sweet.
They are asset to the neighborhood.
Okay, thank you very much. All right.
You say the next person is Brian. Here he is.
I mean, they want claims.
you state your name and address for the record.
They want claims 13 to 26
Okay, Miss purple. Can you swear this person in? Excuse me? Mr. Deewana. Can you come back into the view of the camera? Okay, okay. I'll see you right there. All right.
Did you do you find your testimony for the for today's truth?
Yes. Okay. Okay. Yeah, one minute sir.
Will you be helping us out to the neighborhood, giving us stuff we need? Taking care of people. Giving back to the community they don't give us jobs.
Okay. Okay, thank you very much, sir.
Right.
Miss Brian, you have anyone else? Yes. The next show.
Good morning.
Good morning. Can you state your name and address for the record now?
Yes, my name is Beatrice. Warren. My address is 132 frets. That is Detroit. 48222 sevens. Okay.
Please confirm your testimony for the for today's truth.
Yes, it is.
Okay, ma'am. Yeah, one minute.
I think that bringing something like this back to the community, it will open up jobs. And it would it will give people a chance to be employed in a local community area. Whereas there they won't have to be bus transportation or anything of that nature.
Okay. Okay, are you are you complete, ma'am?
Yes, I am.
Okay. Thank you very much. All right, Ms. Ms. Brian, you have anyone else would you? Yes, right here, right here. Okay, sir. State your name and address for the record.
Hello, my name is Xavier. 903 Wall Street.
I'm sorry. Can you state your name one more time. Xavier Gaynor. Okay, sir.
Can you swear him in? Thank you.
Did you raise your right hand please. You find your testimony for today's truth. Yes. Thank you.
You have one minute sir.
I would like to say I think this would be a good opportunity for employment in this area. See there is not much employment around here. I'm looking forward to something like this opening up. I think it'd be a good thing for the neighborhood.
Okay, that's it.
Okay, thank you. Very much. Brian, you everyone else with you?
Yes
good progress
state your name and address sir.
Like you may be muted there.
You're on mute. There we go.
Well, six to save grandma.
You take your name one more time. Or veilig. Okay, this beautiful piece where men Raise
your right hand please. Inform your testimony for the board today's truth. Yes.
Thank you. Okay, sir. Yeah, one minute. Okay. Yeah, I support the system and then
fix the buildings, and they didn't have clean up everything. Pretty much. I support them our support anytime.
Okay, thank you very much. Miss Brian Do you have anyone else?
Angelo Jackson,
you state your address, please.
Yes. 12702 St. Marion Street.
Okay, Miss spiritual keys were mentioned.
Raise your right hand please. You find your testimony for the board today is true.
Yes, thank you. Yeah, one minute, sir.
Yes. I just want to say I support what's going on here, bro operations. They are the people that's running it is very good people. And they helped me out a lot. I've been over 33 years now. They gave out food they gave us free water free full. They really helped out in the community a lot. So that's why I'm here in support and was part of supporting what's going on.
Okay, thank you very much. It's Brian. You have next. Okay, thank you. Very much. Miss Brian. All right.
Yes, yes.
Okay, Miss Bryant. You have anyone else? Yes. Yes, guys realize this beyond the seven persons you indicated before, right.
17. We said 1717. Yes.
Would you raise your right hand please. Okay. Do you farm your testimony for the for today's truth? Yes, ma'am. Would you state your name and address for the record.
Javon say Doakes 12 714 St. Mary's streets have one women um, I'm here to support what they got going on for the neighborhood is a lot of advertising going on a lot of uplifting in the community, a lot of giving back. So a lot of stuff going on around here that they are changing the helping trying to bring the neighborhood back quick as possible
Thank you Next person
did you raise your right hand please? You'll find your testimony before the board today is true.
me ma'am? you state your name for the record.
Hey, so Mr. Sima. You're on the screen right now. We're gonna have to organize this a little bit better right now.
There was a person at the mic to speak and he said his name repeatedly. Well, that person is on mute. Oh, he's up there. Yes. Can you unmute him? So my extreme was device.
Can we just use one device? This is why I'm saying about organization. People. That's what we were using to. Yeah, can we just use one can we use one my favorite one. You say Right.
Okay. There he is.
Okay, there he is. Alright.
Do you affirm your testimony for the for today's truth? Yes. Would you state your name and address for the record?
Is 12748 Which we've come road to try.
You have one minister?
Yeah, I suppose because they are very nice people. They have been committed to heaven food water. Somebody I mean, I've kind of given them a car. And they're very, very good people to be around. Thank you.
Okay, next person.
You raise your right hand please. You affirm your testimony before the board today's truth. Which I can't hear you. Yes. Just state your name and address for the record.
And Hendricks 18424 Joanne's.
Thank you have one minute what's your name?
Hannah Hendricks
okay. Yeah, one minute. I'm
just here to support him.
They got a lot of crazy stuff going on in the community. You know, advertising, they could water food when needed.
Okay. Thank you very much now. Next person
Raise your right hand please. Your farm your testimony for the board today's truth. Yes, thank you. Would you put your name and address on the record
Elliott's Maryland address is 1274 Eight wait calm
Yeah, one minister.
Okay, I support
is totally because another big people and they help out a lot of people around the neighborhood is I just see a lot of things change around here since I've been around. So I stand behind it with my to say for support. Thank you.
Thank you. Next person is Brian.
Expert. Thank you.
Raise your right hand your testimony before the board today as truth. Yes. Would you state your name and address for the record?
Mr. Shea Osinski 12672 Cherry Street.
Thank you have one. I just
I believe this is going to be a good opportunity for the community. It's going to provide employment opportunities. They've been here for a while supporting the community so it'd be nice to support from that. Thank you.
Thank you Now, next person.
Raise your right hand. Please. Confirm your testimony before the war today is true. Yes. Thank you state your name and address for the record.
Yeah, and has a 044 wart.
What's your name? Dr. Haley, thank you a woman.
I'm just here to show my support for my company they do a lot of things in the community and help us out and I've just wanted to return the favor. Thank you.
Thank you Next person.
You'll find your testimony full bore today's truth. Yes, please state your name and address for the record.
Worked for
13 to two press.
I think it'll bring jobs to the community and they doing a good job. Do a good job. I think I'll feel like
Thank you. Thank you. Next person please.
Is there anywhere. That's about it. That's it. Sickness that the furniture. I'm sorry I missed nothing. Business beforehand.
Hold on Ms. Brown. Okay. We're gonna come back to you in a minute. All right. Anyone in opposition? Press star nine by phone option plus y by MAC device all plus y by keyboard or is here today. Anyone in opposition of this particular matter? At 15300 Fullerton. Come down please. State your name and address for the record list where I'm all in at one time.
You all raise your right hands please. Before we test for today's truth. Yeah, thank you.
All right, just one by one. You just state your name and address for the record.
Aaron slaughter went Rifai one six long acre.
Okay. And you have woman one minute.
Thank you chair and to the board. I am the Vice President of SEIU craft Association. My family we've been homeless over here over 57 years. I had a great grandmother lives. 116 years old Mansfield and my grandmother's mother Lil was hunting fat. We are here today because we have fought this for many many years. We do not believe in having this facility and our community. We got churches on Greenfield we got a Dasha slew that we have put out by the church and we are a community that believes in having something more education for our community. We like to see a recreation center or something of that nature. These people that want to have this facility don't even live in the city of Detroit. They only live in our community. traffic going up and down in Greenfield is going 24 hours a day. And like I say we would prefer to stick with something that's going to be successful for the city alone with the community and not a place to grow weed and if you're going to grow and steal all the air pollution is going to come out the building and eventually it's going to be sold to Apple Vegas. We live losing our people 24/7 Look on the news every day. All different types was robbed of marijuana that they sell in case again, they take a slew we then we did not need this. And we Pran we we forgot that we will get the board to go along with the Senate to deny this. Thank you.
Thank you Next person please.
State your name and address for the record.
My name is Eugene Owens address is 12944 long acre. I'm a member of the school craft Improvement Association. The association goes from Greenfield to Southfield and from school craft down to Fullerton. None of these people have ever came to a meeting of the association. I don't know where they came from, but we do not want a grow facility and community. I'm a retired police officer. I've worked at area for almost 40 years and I've never seen half of them. But we also had a grow facility on Schoolcraft. And that place blew up and somebody got killed and that's the kind of stuff that it brings in. The other thing is that you're a good grower. So are we going to end up with retail outlets popping down? Schoolcraft just buying from negra. That's what they're gonna do. They're gonna sell retail. So all of a sudden once they start, are they going to be supplying stores up and down scoop. Thank you.
Thanks, person.
Good morning board. My name is George Purdue I reside at 13570 Rutland, and I'm the president of the Schoolcraft Improvement Association. And I would just like to say that the board got the decision rights. This proposed facility should be denied. And as you've heard it this is a massive, a massive operation and it's right across the street on a residential area. I went to Whitcomb Street. This was prior to the initial hearing in October I went to quick comm Street and spoke with residents on Wickham street. They do not want this facility there. And as you heard there's an interest on quick come Street. There's a quick come Street entrance for this facility to go in and out with trucks sure doing what carrying marijuana we know that the trucks that for Amazon are being robbed. What about these marijuana trucks? Crime written all over it crime written all over it so we can have this in our community. I want to talk about this area not only the residents on become street, but you go further north there's there's dunamis ministries. dunamis Ministries has that type of activity going on that we want in our communities. Doing most Ministries has a STEM program science, technology, engineering and math. That's what we want in our community. Marijuana is a mind altering substance STEM is a mind building operation to increase the brain power the thinking power of our young people today. We don't need marijuana, it alters the mind. So dunamis ministries, they have a STEM program. They have a program where they train young people to build in fact what they've done they've built a solar energy vehicle and they they've competed at a national level do not spend Friday at Greenfield and and Tyler right down the street from this massive proposed marijuana grow and process facility. Then they're doing the types of things that our community needs. They've also participated in FIRST Robotics, a program designed to steer young people toward science, technology, engineering and math. That's what we need. Thank you. And I find it I find it. I say one more thing, not being passionate. Okay, thank you. Hopefully
I gave you a little bit more time. All right. Anyone else in opposition? Anyone else in opposition? Anyone else in opposition? I'm starting on by phone option plus Why buy Mac device plus wi fi keyboard?
Director Brown
and see anybody
Okay, at this point in time I will allow Miss Bryant you'd like to leave some some parting words I guess.
You want to address some of the concerns from the community. All right. Unmute yourself.
Okay, go ahead.
First of all, I would like to say the people who we had here were people from the community and they are in support. The ones that aren't in support. They may not have been able to reach out to those people because they just may not have I know they've had boundaries. I think they said Greenfield took Southfield. So that might be one reason why they hadn't seen some of those fields. Because we are on the direction of these west east side of Greenfield. So that might be a reason why, and I'm happy to hear that there's other businesses in the area. And what our business we're proposing is illegal business. And it is not something that's illegal, like the one he mentioned, had blew up. It wasn't even illegal business. We're that's why we're here to establish a legal business. To work within the ordinance and the laws of the city. So that we are going to make sure that the people are protected because we will be compliant. Also, can I ask for my waivers now?
Oh, sure.
For parking if there was a waiver, they say we were deficient, the parking spaces that we get away before the parking and also they were going to be investigating about the
Yeah, hold on. Just one minute here because I'm only I'm only seeing that this is for an appeal of decision that building and safety may based off the denial, not the variances that's at a separate hearing. Okay, thank you very much. Are you complete this brand?
I am complete. You're asking for your approval. Thank you.
Thank you very much. All right, Attorney Lerman, we started with you are you complete?
Your mute. Oh, thank you. All right.
I couldn't unmute it. Thank you, Chairperson we respect the community's views, but it's our opinion that the reasons stated in this letter are not congruent or compliant with the reasons required in the SIU standards that being said, we have significant support from the community. I think a lot of the respectfully I think a lot of the members of the community that are opposing it are opposing it on principle, and it has not is not directly tied with the specifics of the project. In terms of traffic there's 30, maybe 27th employees, that's going to add a de minimis traffic impact to the area that there's about a Fullerton right at the entrance of Wycombe as about 2000 vehicles a day we might add 30 to 60 vehicles a day to that area that might be three or 4%. And that being said that entrance has always been on Wait, come but I could prepare, or I guess if we get down to bc I can prepare a traffic impact statement. I'd be happy to do that. But that being said, I respectfully request that the decision from October denial be reversed.
Thank you. Okay.
Dr. Brown, any communications?
Communications?
I will say Dr. Brown. I'm not sure if you want to address this petition here
that came in today. So I would have to ask them. When did that come in? April the gentleman Oh, they brought that in.
Okay, okay. Okay. All right. Okay. Thank you very much.
So for this,
for the board decision must be made. The petitioner is here to appeal to denial, that of building a safety will open up the floor for discussion and emotions always encouraged. discussion when we were
member weed. I think that from the testimony which has been submitted,
I don't think yeah, he's okay. When the
since we've had the testimony which has been submitted with respect to observations about what this will do to the neighbor, and the people who live there that we have to take that into consideration, and that the petitioner is not really defined the reaction to what the neighbors would see as a negative impact and how that would be injurious to their enjoyment of their properties, and the use of the neighborhood. And the information presented in opposition, I think really focuses on that from the standpoint of what we have to take a look at.
Any other discussion points? Former Chairman,
I agree with board members we observation.
Any other discussion points?
I also agree.
Okay. Thank you very much. I will also state that I'm going to actually agree with building a safety on this one. And the reason being is a decision was made in a decision after a letter was rendered 1022 with eight letters of the now of opposition and six people present in opposition and one person in support of the proposed use based off of BCWS decision, that neighbor showed up and voiced their opinion in opposition and as well as the site plan that was submitted. BC indicated that they were going to be where they are in opposition because of the increased traffic on Whitcomb. I don't see a revised site plan. To that matter, it looks like is to interesses or two means of ingress and egress on Wickham and one on Fullerton based off of that, and they're the witnesses that testified before and not the ones who testified today, because it looks like it's new evidence. I'm going to agree and I want to just, just for the record also include,
since
the potential Petitioner introduced 17 new testimonials so it looks like we have 80 or so people they expressed their denials 86 in the form of signatures, and just one just put that on a record, but I'm on I'm only going to agree with what was the decision it's made on 1022. And based off of that, I'm going to agree with BC on this one can I get a motion from a board member?
When we
were we, I would make the motion that that we deny the petition which has been filed with in front of us today and based upon the testimony which has been submitted and that is indicated previously in my discussion that the applicant has failed to reach out appropriately with the community to be able to approve things and that the proposed use of the building will have a negative impact on the community and the people who live there. And that the conditions the proposed conditional use would be injurious to the use and enjoyment of other people's properties in that immediate area. Many of them who've lived there for a long time and are very concerned about it, and that the applicant is really failed to present the appropriate arguments and facts to allow it to continue to try to have that operation. And that the conditional use will more than likely substantially diminish and impair the enjoyment of the property by the people that they live there. And that the inappropriate conditions will not be met for the people in that community. And therefore we should not grant the petitioners request.
Removing property second any honor. Eddie's any questions? All in favor? indicate by saying aye Hi, any nose. As heavy drinker brown
these CKD za K six das 23 at 15 300 Fulton for greens LLC appealing the decision of buildings. Safety was denied the establish of a medical marijuana grow facility and a medical marijuana processing facility that denial has been upheld.
darker brown it's an education director brown
VCAA case three das 23 also known as BC SIU 2022 00131. The applicant is Veterans cannabis Group LLC. The location is 425 Campbell between Harvey and reader and an M for intensive industrial district city council district number six veterans cannabis Group LLC appeals to decision of the building's safety engineering and environmental department BC pin 16014149 Dash 51 dated October the seventh which denied the establishment of a matter of American marijuana retail for visiting facility, marijuana processing facility and the marijuana designated consumption establishment in the city of Detroit and an M four zone intensive industrial district. We will now hear from inspector Purefoy
Thank you Director. We're here in this case today because the board of zoning appeals shall hear and decide appeals from every view any order requirement, decision or determination that is made by the administrative official in the administration of the zoning ordinance or any decision made by the Building and Safety Department involving conditional uses regulated uses or control uses or any denial of a site plan by the planning and development department. Here in this case under Section 54 101 jurisdiction over appeals of administrative decisions and 53 to 81 Journal approval criteria. Here in this case under the legal description attached our attorney will assess ownership shortly. The bill to safety departments denial letter dated October 7 2022 states you are receiving this letter because you apply for medical marijuana retail provisioning facility marijuana processing facility and a marijuana designated consumption establishment in the city of Detroit. The Building and Safety Department has determined that your application does not meet the necessary criteria and the application has been denied. The review has determined that proposed marijuana retail provisioning facility marijuana processing facility and marijuana designated consumption establishment are located within approximately 805 radial feet of a drug free zone known as Fort Wayne located 6301 West Jefferson in Detroit 4209 Regrettably Viki BC cannot continue to process the application at this time under Section 53 535 b one and 53 535 Nine C. Of the ordinance no marijuana retail provisioning facility, marijuana processor facility nor marijuana designated consumption establishment shall exist within 1000 radio feet of a drug free zone the space requirement for medical marijuana facilities cannot be waived. Again a petition is before the board to reverse billing and safeties D denial which states they are within 1000 feet of a drug free zone which is Fort Wayne.
This is actually Jefferson Street looking towards Fort Wayne. This is a view looking down Jefferson Street looking to the west Fort Wayne is to the left on the site. A black opposite of not black opposite but adjacent to Fort Wayne is vacant land and industrial uses. This is industrial uses on block opposite of East Jefferson. view looking down east Jefferson looking to the west to the east. This is just vacant land adjacent on East Jefferson. This is a front view of the subject property in question located on Campbell, which is to the north of Jefferson. This is a view looking down Campbell looking to the north. This is the far north side of their property.
Front view of the subject property
you're looking down Capitol tours East Jefferson. Fort Wayne is to the right on the opposite side of East Jefferson. You looking down a residential street looking to the east. Blackout opposite of the subject property looking to the west. Also black opposite of Fort Wayne is on the other side of Jefferson you'll see in the far end of this photo. This is the south side of the building.
Another front view of the subject property
getting the south side of property. You'll see some photos of inside the property shortly because I had an appointment to actually come to the site. So this is the far north side. Of the property fenced in area that you saw. This is just a view looking back towards the building itself. This is that North side of the property interiors few see a few interior photos a petitioner can bring up but took a few interior photos he wanted to have in his presentation
and this is again on Campbell street looking to the north south east sides to the right on the screen. This is Black opposite of the subject property and is the long view down Campbell again, Fort Wayne is to the far end of this photo where you see the brick buildings and that close visuals again this is a case where building a safety denied them due to being within 1000 feet of Fort Wayne. And that police officials Mr. Chairman
you today,
we have a petitioner on file and in the audience.
Okay. All right. So you're in this case today? Yes, sir. I am having the other.
Okay, I'm on anyone else here. That's going to represent the case as well.
Yes, sir.
In attendance, you have Darryl Stavros Kip Greenwood, Ron Johnson, Adam for Kuwait's those are actually partners in veterans cannabis group
are going to begin today. Yes, sir.
They will. Alright, let's Let's swear by the end right now, including yourself Mr. Ellison. Okay, key identify yourselves by any chance. Let's get your name address for the record about that.
Girl stabbed Rose 6200 Gettys. Sir.
Kept Greenwood 6387 Abington, Detroit.
Thank you, sir.
Ronald Johnson 16 563 Plainview Avenue Detroit, Michigan.
Thank you very much. And Mr. Allison, your name and address for
Brian Olson intersection Consulting Group 94 haul place pros point farms Michigan.
Okay. Your focus.
Where do you find your testimony for today's truth? I do.
Thank you very much. Thank you. Okay. Attorney DeMars got established standing for us.
Of course. Thanks, Jefferson. Thomas. Good morning. Again, members in public and the board champ University of Detroit law department already Mr. Ellison Good to see you. presumes section 50 Dash three of the city Detroit zoning ordinance for any party to position. The board of zoning appeals the petition has possess sufficient standing which means Petitioner either possesses a legal interest in the subject property or they've been authorized by the subject property owner to appear on the owner's behalf. So the questions I'm going to ask are designed whether you or the other individuals were sworn in earlier have met that legal standard and therefore possess sufficient standing to report the board. Now based on the law department search of the public record for the property commonly referred to as four to five Campbell, we have the document where I record a warranty deed that was recorded on February 12 2008, that labor 46984 page 976 This was the same deed that was supplied with your visa application. And that deed was reflects the owner of the subject property as kept Greenwood I believe is an individual and I believe is also an individual that was sworn in just now. Mr. Greenwood, could you please approach the podium for a moment
thank you have Mr. Greenwood first can you just confirm for the record that you are the same? Get Greenwood that is identified in this 2008 warranty deed? Yes, that's correct. Okay. And then these questions may be directed to you or to Mr. Ellison. But as I see it the applicant for this hearing today is Veterans cannabis Group, LLC. So can you please explain the relationship between that LLC and you as the owner of this property? Um, yes,
we've started a separate entity, veterans cannabis group and a nonprofit also veterans resource group because we're going to hopefully if this gets approved start a Veteran's Resource Center will have support groups for wounded warriors. We're working with the DAV and we'll also have a veteran's outreach for help prevent mental health crisis and suicide with veterans. Thank you, Mr. Greenwood.
Is there going to be a lease between the LLC and you as the owner? Will you be conveying ownership to that entity? What is that dynamic? Like? Well,
it's a lot of it's contingent on approval. We have investors that will kind of we'll bring into the group because I personally can't afford this myself. And the group will purchase the property from me and that will be who owns the building and the veterans can approve Scroop entity as long as well as the nonprofit
is there a purchase agreement that exists between that entity and you as of now, but contingent on this hearing
with Darryl Davros is the representative for the investment groups.
Okay, so Mr. Greenwood and Brian all we have is the deed which shows Mr. Greenwood as the owner so the only person who really has standing to appear before the board is mr. Greenwood. Because he is the owner of the property if you do have that purchase agreement that explains this relationship between the cannabis entity and Mr. Greenwood. We can bring that into the record and create standing there but based on what I see now, it looks like just you know, Mr. Greenwood, and whoever you authorized to speak on your behalf today would have that standing, but Mr. Elson geoVax
fine me and Brian can present the case. I'm real confident in Brian's abilities here.
Sure, that's fine. I just want to clarify for the record then that Mr. Greenwood does have standing to appear before this board. There are open questions about whether that actual applicant veterans cannabis Group LLC has standing. And so because that is the applicant that actually is seeking the change here, we'll just need that purchase agreement as soon as possible emailed to Director rib Ron, so that I can review it and to the board members, I recommend that you condition in your motion any grants today including a decision to overturn V seed on a review of the applicant standing to proceed. But please continue with the hearing. That would be my recommendation board members.
Thank you attorney DeMars. Okay. Mr. Ellison, I'm taking a you're going to be the official spokesperson today. Am I correct with that assumption? Yes. Sir. That is correct. Okay, hearing that. Do you have a presentation or you want to speak to the matter today?
I would like to speak to this matter. I have a presentation that will go with with that. If I'm allowed to share my screen with this group.
We have a screen sharing capabilities. Did you send it to me but did you send it into the department?
I did. All of the material that I'm going to present today was sent yesterday to Director rib Ron.
He said we doesn't work we don't work on Sundays. I had the presentation the record,
I will look for it in my email. Okay.
I will typically report
I wouldn't go so far as to call it a presentation. But what it is is a set of substantiating documents which will go along with the material that I present before or later, if you will.
Okay, you have the floor.
Thank you. Good morning to this honorable body staff and members of the public. As described by Inspector Purefoy
on this, Alison I'm looking at the screen and it's a number of documents. Let's condense this down to the most important ones. Outstanding. I'm not sure you see that you submitted some items but we're not going to speak to all of these.
That is correct. So
what I would say is what I want to do well first I have a point of order of point of question, if I may, and that is this denial is based upon a measurement between the subject facility and the suppose that drug free zone that's created by Fort Wayne. As such, I'm assuming that this is a site plan denial as opposed to an SIU hearing. Denial is the SIU hearing didn't occur due to this pre emptive fact is that correct?
Phil, someone happens to you today.
Yeah, we're gonna go to build on the safety next and let her Miss Felson speak to that concern.
Honest it will act acting as such. Then I would just like to present a couple of
points of order
that I that are in the memorandum that you see in that list. But if I could start I'll just I'll run through it. And I think that this will set out exactly what our perspective is, as well as the current classification of the parcel which encompasses Fort Wayne. The Veterans cannabis Group LLC asserts that due to ordinance 2021 Dash 11 The measurement of 805 feet those presented by buildings and safety is inaccurate. ordinance 2021 dash one one effective date 09 April 21 clearly delineates four distinct zones within the general geography of historic Fort Wayne, which is 77 acres. It is it is all contained within one parcel. However, two of these new distinct zones do in fact contain Park uses and can be easily construed as such, and two other zones have been designated specifically for economic development via the approval of greater than 61 uses, most of which are incompatible with the definition of recreation space or park. Basis of this denial is defined in Section 50 Dash 16 Dash 172 of the Detroit city code, drug free zone, part four, which explains an outdoor recreation facility as defined in Section 50 Dash 16 Dash 324. This code other than parkways and park lots would trigger a drug free zone, which is the 1000 foot radius around that particular facility in which these uses could be prohibited specifically that designation references the outdoor recreation facility, which is by definition section 50 Dash 16 Dash 320 for the use of land for the purpose of a golf course skating rink, Park playfield playground Park lot Parkway Park lot swimming pool and or tennis court. Within this definition, the city holds that historic Fort Wayne is a park. In addition, the property on which the facility resides in Fort Wayne was formerly zoned r1 specifically to support this park idea. However, part as defined in Section 50 Dash 16 Dash 341 explains land that is improved for or intended to be improved for passive or recreational uses, or to be preserved as open spaces, including but not limited to. Major part.
Yes, sir. Sorry.
And small neighborhood parks is so designated and is under the jurisdiction and control the recreation department. This information has been presented to address the framework for the original denial we can test that ordinance 2021 Dash 11 negates the park designation for the portion of the park which equals 10.13 acres of the 77 Moses to the subject parcel for 25 Campbell, appropriately accounting for the updated designation for this space. The legal descriptions have been attached and sent to this board. This creates a separation of 1191 feet between the subject parcel and the relevant Park parcel. For further discussion, the entire parcel which includes the park is 77 acres, this ordinance has taken radially this ordinance not only creates a the updated Ordinance of 2021 Dash 11 not only creates a PD as opposed to the r1 designation that formerly existed, but it has four distinct zones. Each zone is clearly defined not only by a spatial description, but by an accurate legal description and a specific list of uses. Ostensibly cleaving the original parcel which held a uniform r1 designation. This was done with the specific intent of driving diverse investment and activity, quote, to facilitate the development of historic Fort Wayne as a regional park and to allow the adaptive reuse of historic buildings. Secondly, the area designated D there were four distinct areas that were created and defined and then one outlier which encompasses the northeast corner of the original parcel see the site plan attached contains a list of uses that not only defy the definition of outdoor recreation area and park but also includes uses that are prohibited in state parks by the Michigan DNR. The full list of uses has been attached to this memorandum but a few are highlighted here. And in order to compare apples to apples, we've addressed the earliest allowances deemed conditional or the soonest or the lightest areas within the zoning ordinance that would allow for these uses to compare as opposed to using buy right uses excetera so that it's an so it's a comparison between acknowledging the use and allowing it in this particular PD as well as we would have to allow for that use via SIU in a normal zoning area. The first is brew pub or micro brewery small distillery or small winery per section 52 F 16 desk 362 outside of the CBD and the SD one SD two and SD five districts This is a regulated use. It is allowed and an F one two an M four conditionally. In a B three conditionally but only if located in a T MSL in a B four by right within the CBD conditionally outside of the CBD and an A B five by right within the CBD conditionally outside of the CBD. For brevity I'm only going to do three uses But there's more. The second is the establishment for the sale of beer or alcoholic liquor for consumption on the premises. Also not allowed in a Michigan State Park. So if we're talking about making this such it wouldn't fly, per section 50 Dash 16 Dash 362 outside of the CBD and st one SD to SD five districts This is also a regulated use, it is allowed in a b two conditionally if it's an a TMS, so in a B three conditionally in a B four by right within the CBD conditionally outside the CBD same for a B five and then the third is low to medium impact manufacturing, which has its own list of uses. But I think that it's important to acknowledge as an example that one of those uses allowed in low to medium impact manufacturing is cigar or cigarette manufacturing. And glassblowing. Neither of which are industrial activities that would be commensurate with a park setting. Let's not confuse Greenfield Village glassblowing. That's an outdoor museum. This is allowed in a b two B three and B four districts. As a low impact manufacturer processing facility is permissible by right only in a structure that does not exceed 4000 square feet of gross floor area with the minimum of 10% of the gross floor area being used as a retail store excetera and then the SD one and SD two districts, these processes can occur with a minimum 10% of gross floor area being used as a retail but in an SD one it must be less than 4000 square feet and an SD two has to be less than 5000 square feet. The purpose for calling out these examples and there's other permissible uses and Area D that would have similar restrictions are commensurate examples in normal zoning areas is to provide tangible evidence to the fact that area d is not intended to perform as nor be classified as a park or outdoor recreation area within the city of Detroit. This 10 plus acre of the property at 6325 West Jefferson Avenue is the parcel parcel address, if you will, has been determined by the CPC and the Detroit City Council to provide an area for extensive activity and investment that comes with high impact business and manufacturing uses. While this area is in support of historic Fort Wayne, monetarily, potentially as a regional park, the first two allowable uses are actually prohibited in a Michigan State Park. By the Michigan DNR further showing that investment and activity in this area is designed to support park areas but is not to be defined as Park use. In conclusion, and this is from the memorandum we respectfully request that ordinance 20 Dash 2111 is set forth by the Detroit City Council and made effective on 09 April 2021 be respected and apply to the distance calculation utilized by BC to qualify our site plan for approval. The one other item that I would like to present Well there's two other items that I would like to bring bring to mention if I could. The first is the report of January 14 2021 submitted by the City Planning Commission as their basis for the approval of this change or sectioning of the 77 acre parcel which is generally classified as Fort Wayne in that application and their recommendation for approval which was accepted by city council. Their analysis showed that that they could properly address the issue of compliance with the Master Plan and the stated purposes of the zoning ordinance. The subject site is located within the west front area excuse me the West riverfront area of neighborhood cluster five of the Detroit master plan of policies, the future General Land Use designation for this area prior to this change is P our regional park as part of this proposal, which was approved by city council via ordinance 2021 Dash 11 PDD request a master plan amendment to change the future General Land Use designation for this site to I n s t institutional the i n s t designation is being proposed and as required in order to allow the city to lease buildings within the fort to private to private parties. The reason that this was being done was to allow for these disparate uses this increased activity, this increased investment which again would not be commensurate on Park property but as supporting agencies creates a dynamism around the actual Park which a will bring money to be invested in in the park and there is a mechanism that they discussed about general land uses land leases, excuse me, that will take that revenue and put it into the park Ergo you know sustaining capital, but also but also serves as a hedge of activity against the park use and if you look at the updated site plan, and if we could pull that up that might be the the one the one item that I think would be of value visually from the list that you presented. I I titled it revised site plan 9.2020. It's a Pete the PDF. It shows the areas
before you proceed. Are you saying this is a new site plan? Or is this a site plan that was submitted to building a safe?
Neither? This is not our site plan. This is the site plan which goes with the ordinance 2021 Dash 11 This is the city of Detroit site plan for their cleaving of Fort Wayne. Okay.
Yeah identified a document for the director of pull up.
Yes, sir revised site plan 9.20 To zero dot pdf,
sir from the bottom
that's it
take a minute to load
Okay, excellent. So, in this site plan for Fort Wayne, our property isn't even within the scope of this of this drawing it would be kitty corner to the northeast. Area D is the area that I've been speaking about with the list of 61 uses. The actual ordinance was attached to my submission but I'm certain that the board has access to you know to ordinance amendments that are issued by city council. So the reason that I brought that up, is this is is without a doubt a very clear and very tangible document issued by city council and approved by city council to to qualify their wants desires, uses and classifications around this very large parcel. I think it's also important to know and maybe because I'm that they're not vacating right aways within the street, so this 77 acre parcel goes over public right aways, etc. It is a very large geography, but just to, to further you know, describe what I was saying. Areas b and d are, by and large full of buildings, most of which are dilapidated most of which the city wants to see reactivated with activity. Area A for those that are familiar with with Fort Wayne is the star shaped for I have absolutely nor does the veterans cannabis group have any any idea that that would not be considered a park same with area e which is the old parade grounds, if you take the boundary, both in the legal description and in this picture of the closest portion of this parcel, which would be parcel area A to our to our closest parcel boundary, the distance is 1191 feet.
So just to reiterate,
the reason that we are opposing this denial is because the master plan of policies has changed the designation of this property from regional park to institutional use. The defined areas within this 77 acre geography show that there are Park elements area A and E which are not within 1000 feet of the subject property, my client's property and there are areas that are decidedly and intentionally not park areas, areas B and D which are closer to my clients subject property. Okay, I'll do that that that contains or that should cover the technical aspects of the denial. I don't want to to gloss over who the actual petitioners are. And I think that it's important I understand that this is a technical matter. But just just by way of discussion, as I told the board at the beginning, you know, this is a group of veterans. All of which, you know, have gotten together to have both a resource center the reason that the veterans cannabis group brought forth this petition is because one aspect of their wraparound plan includes cannabis. However, it is not the entirety of the plan for their campus. And I think that that's important to note for the same reason that we want to be supportive of veterans veteran needs Veteran Affairs. You know, this is the group that's doing that work. This isn't just a dispensary come in and say hey, let's figure out how we can you know, sell marijuana this
Alison. Okay. Wanted to jump to because you got to have ample opportunity to speak. Let's go to the department's get started. Mr. Mr. Good morning. Can I get somebody from building a safety Mr. Rodriguez, I see you on the screen. Right now.
Yes. And can you hear hear the area? Yes. You're very much good morning chairperson board members. This is Inspector Christopher Rodriguez representing the building department. BC issue the applicant a letter on the seventh of October 2022. Denying the proposed marijuana retail provisioning facility, marijuana processor facility and marijuana designated consumption establishment at 425. South Campbell, in that letter BC indicated that the subject property is 105 radio feet from a drug free zone known as Fort Wayne, historic park at 6301 West Jefferson, and to address the petitioners question, there was no SIU hearing for this case, due to the spacing and eligibility determined per section 50 Dash three dash 525 Subsection C, the Detroit city code no marijuana facility can be within 1000 radial feet of a zoning law on which there is a land use that constitutes a drug free zone per section 50 Dash 16 Dash 324 and section 50 Dash three Dec 533 Fort Wayne Historic Park would be classified as an outdoor recreation facility, which constitutes a drug free zone Mr. Ko did you want to speak?
I'll continue
per section 50 Does 13 Dash 221 BC took a radial distance measurement between the lat lines of each of the properties for 25 Cambell. And 6301. West Jefferson using a geographic measuring tool that is used by B seed for all land use applications subject to spacing 805 feet was the radial distance measurement between the two properties because 805 feet is less than the 1000 feet required BC denied the application. I do want to add in response to Mr. Ellison's remarks about the zoning map change to the PD Plan Development District. Neither a zoning district map amendment nor a master plan amendment changes the existence of a land use on a zoning lot within that new district. So therefore the existing outdoor recreation facility remains on 6301 West Jefferson and the drug free zone remains their front. I also want to add that on the exhibit that the petitioner showed on the screen with the delineated areas. The measurement of the radial distance measurement requires that we use the lat lines of the subject properties, the area d on that north northeast corner of the site is included within that zoning lot line. And so those areas do not constitute those points of measurement is the lat line and that is what was done in this case. And the building department issued the denial there from
Okay, thank you very much. Mr. Rodriguez. I do have a follow up question before I proceed. Any questions from the board for Mr. Rodriguez from building a safety? Right I do. So, I'm kind of curious to how was this denied? Based on the museum being a park when when is that established that museum and I'm taking it to Fort Wayne is designated as a museum I guess. But the park where is this coming from? Did you base your criteria? I don't see any criteria. Thank you.
Yeah, so the the park is recognized under the classification of park public park park, for the ordinance is classified under the definition of an outdoor recreation facility and the outdoor recreation. An outdoor recreation facility is the use that constitutes the drug free zone so the city recognizes the use as Park which is an outdoor recreation facility.
Okay, so you're saying that the city is recognizing this Fort Wayne museum as outdoor recreational facility? If
I may, sir. Brian co with the city. Okay.
Can you go? Okay.
And this is Brian COVID deceive Detroit. department here on behalf of BC. And just to add to what Christopher Murray has already said, this is a city park and it is not a state park. It is not a museum. It certainly has historical aspects. It has a welcome center which is actually located on that part D that Mr. Ellison was describing as being what he said directed towards commercial use, you know, that is it includes a welcome center and other park facilities. You know, there's playfields on the south of it. As as Mr. Ellison said, there was a plan for redevelopment or victimization, and adaptive use of many of the buildings that are part of the park because it includes officers barracks, in quarters, and different administrative buildings are historically administrative buildings. And the city has, you know, in the past, one is required to keep them because of this, the historical designation of the park but also has struggled in how to use those buildings in a productive manner or a way that adds to the park. So that was what the 2021 master plan for the park was was designed to do, but it is, it is all a park you know, it includes the scope Tuskegee Airmen Museum and other features. But essentially, the city doesn't have a museum use a museum is something that can occur on different types of zoning lots, but as well as a park a park is not itself a zoning lot or a zoning designation. This property is zoned as planned development. So but accordingly the use of the lot is as a park providing recreation and I see Mr. Ellison shaking his head and I'm sure you'll have a chance to respond. But there's also other uses that happen in there. It is under the jurisdiction of the Parks and Recreation division within General Services Department and is treated by the city as a park.
Okay, so attorney Just a follow up questions here. What is it currently zoned as
it is zoned as a planned development PD currently.
Typically the reason why I'm asking because typically, we get these, you know, we see these cases and they are zoned as a park and not anything else. Or we can see that hey, there's an active school there. In this case, we see we know there's a museum there, which is
Fort Wayne,
but I never knew that the city claimed that was a park. This is new to me. Do see attorney Durmand stand up but I'm just going to recognize him right now. Attorney DeMars
Thank you Sorry,
just Can you hear me board members? Yes, we can hear you. Okay. And some weird zoom interactions. I just want to clarify chippers and Thomas the difference between land use and zoning classification zoning district classifications are residential commercial industrial classifications. There is no such thing as a park classification. So anytime that this board has seen a park come up as the land use that triggers a marijuana drug free zone, that would be the land use, not the zoning district classification. So district classifications are broader. And then there are many different kinds of land uses which are permitted by right or conditionally within the zoning district. So I just wanted to clarify for the Board's benefit that even though historic Fort Wayne is not zoned as a park, that's not quite properly the way to think about this because what's at issue is the land use not the zoning district classification
land use Attorney The difference is zone well it's it's used as planned development.
Now Jefferson Thomas to clarify, playing development is the zoning district classification and one of the land uses that is allowed within that zoning district classification is outdoor recreation facility, which includes parks. So that's the issue and I just want to be clear for the board because I'm not representing VC and I'm here to help you board members. The issue that's really before this board is whether or not a portion of historic Fort Wayne is an outdoor recreation facility, not whether or not it's been zoned as a park. Mr. Ellison is arguing that there's a portion of historic Fort Wayne that is not properly considered an outdoor recreation facility and BC is arguing that that portion is still holds the land use of an outdoor recreation facility that the issue is not whether or not it's been zoned as a park that's that's not used before this board. It's whether or not that strip of land is an outdoor recreation facility that triggers a drug free zone. I just want to make sure the board is focused on that issue.
Thank you, Attorney. Miss Filson Is it good after
board members? I just want to piggyback on attorney DeMars what he was stating. This board has heard parks that are zoned r1 which means they are in residential zoning districts. So just to piggyback on that, they will have the land use. They will have the land use but then they will have a zoning district that could be something district it doesn't necessarily have to be PR per se and you have heard parks that are zoned residential before.
Yeah.
Okay. Thank you very much, Miss Wilson. All right, any further questions from the board? Okay, let's proceed. Director Brown. We identified Mr. DeMars. Attorney, did you hear this beautiful?
I heard Mr. Boies say my name. I did not hear a question. I
didn't I didn't say the question. Yeah. I just we just wanted to clarify with you on the actual docket estates 53 to 81. And I was saying that that's not their approval criteria were listening to today because they didn't actually have a land use hearing. This basically the question of did BC make the correct decision that they are within a drug free zone?
That's correct inspector Purefoy and even when a denial decision is made, we go through that approval criteria to determine whether BC made the correct decision. In this case, there wasn't a specially nice hearing at all, because not none was even reached because BC determined that it wasn't proper to have a special land use hearing. So this board just needs to determine whether or not BC calculated the distance correctly or not.
Yeah, so Okay, now this one of the reasons why I'm a little perplexed here, so usually, there's a hearing done right now.
Jefferson Thomas that's correct chairperson in search for records right? Besides protocols not to hold a special land use hearing where an applicant seeks to open a restricted use in a drug free zone, for example, and there are other versions of this and so when that happens, BC delivers a letter to the applicant informing them that their property is within that drug free zone and therefore no special land use hearing will occur. And that is why Mr. Ellison's applicants are appealing that in fact, they're not in a drug free zone and they should be able to proceed with a special land use hearing. Okay, thank you.
Any further questions from the board? All right. So Dr. Brown, where are we at right now? Okay, let's let's go to community testimonials. Are there any community testimonials regarding this matter today? At four to five Campbell, press star nine by phone up plus y by keyboard option plus y by MAC device. Any community testimonials
on a zoom?
Any community testimonials on a zoom press star nine by phone option plus y by MAC device office y by keyboard. Thanks Thank you very much director Brown. Any community testimonials here and audience
thank you keep right. Just provide your name. I think we have your name and address for the record but just for us. State your name and ID a couple of minutes to speak
Darryl Stavros 62 under Gettys. You know we looked at this project originally and we looked on your website on your original website and show we were within 1000 Which is why we proceeded based on your website and then come to find out when we submitted this 805 kind of happen. But just so you know we've put a lot of investment into this based on what your website showed we were in the zone and that was based on the cannabis zone that you had on there. So we have put a lot of investment in this. We plan on putting a lot we plan on hiring a lot of veterans for this organization. We want to build up that community. And we've gotten a lot of support from the local businesses around there. We've talked to all the adjacent properties to they're all for what we're doing. So we've had no negative response whatsoever and what we're trying to plan in this area, so how to take in consideration I
appreciate that so you guys bring any evidence that you found. It is what
we printed off. We do. I don't have it with you. But we did take screenshots of your website that shows were in the zone.
So we do have screenshots of that Okay, keep presented please.
Can I clarify one
other thing? Yeah, I know the attorney had said that, you know, they're there. There's other and one of the other people, one of the women. There was a day that I sat on the computer all day long. There's over 300 parks in Detroit. Every single one of them is zoned PR none of them are. I mean I literally went to every one of them and brought up and you have a page. That's just all the parks and recreation page and you get every single one of them. They're all PR the only Park in Detroit that does it is Fort Wayne, and that's not PR, and it's PD. And if you were to look at Brian's diagram that he had, I talked to Eva Torres awhile back that's the District Six manager but um, she had said their turn that all into like a, all those barracks are going to be turned into, like residential housing, the whole that whole area is going to be redeveloped as of a meeting I think was June 20 2020. The planning department they that's when everything was rezone before June 20 2020. The all Fort Wayne was from 1935 until 20 June 20 2020 was our one before 1935 It was heavy industrial so it's never been a park and I have some other so this is the evidence here. I've got one for everybody if you want to see it, but here's our address four to five you go on to the Detroit website this is all from the website. It
Yeah.
And then there's some other information on there too. So if you go on to the parks and recreation website, I mean I'll let you guys look at that. So there's a second argument also, if you look at the the actual park for for Detroit, this is from your parks mat. The the park boundary from what Christopher Rodriguez was talking about is this rivaIry street here. But when you go to the parks and recreation website, this is the Detroit website nothing you know, that says the park boundary is over to here. So if you go to Christopher Rodriguez or to Brian Ellison's measurement, he takes out all of this property here to get his 1100 but if we just go to what the Parks and Recreation website and I did a little like these and this is Google. So you know, I'm saying it's not like, I'm not saying the law, but that's what they're kind of given us to the edge of that rivaIry street. But if you go to what your Detroit website tells us, it takes us over to if you follow that line up from the green, where it says the park is it takes us over to 1050 feet. If you go to Brian's mark, it takes us to 1099 feet, or 1000 or 1100 90 feet excuse me, I'm sorry, I'm not used to speaking in public so yeah, and as we've mentioned, this isn't just like a cannabis dispensary. We're trying to you know, I'm a military veteran Malik veteran. We're trying to start this Veterans consumption lounge to have support groups for you know, people with PTSD and a lot of the friends that I've had that have committed suicide. And a lot of it comes from them having no place to like sit and communicate with other veterans and when we go to the VA hospital, to have support groups, we gotta go hide out behind the dumpster to use cannabis, where we were just want to create a safe place for veterans to come use cannabis and talk about their problems and socialize with the Veterans Outreach. Hey, we got a pool tournament today or we're throwing darts today come hang out. You know, we really want to you know, besides we have a ton of other community development. I don't know if Brian mentioned that, you know, in his presentation but I know he didn't mention that there. But we've been working with bridging North America. This property is right across the street from where the port of entry is for the new Gordie Howe bridge that we just applied for a $25,000 grant to beautify all the blighted property around us from bridging North America. This isn't that that's the Gordie Howe bridge. So we're waiting to hear back whether we got the grant for that but they're all on board. You know, the bridge in North America is we've talked with some of the with the Detroit community partnership, we started a 501 C three, the Veterans Resource Group and we're going to work with blight to beauty with damnit to get a nut some more grant because I don't know if you've been down to that neighborhood but people dropped like old boats or some tears of roof off. I mean, the neighborhoods. So we're working with the land bank to buy all the property behind us just to clean up that entire neighborhood. So besides the veteran social equity aspect of it, we're going to clean up that whole neighborhood. Our investors if we get approved, they don't want to invest in us. If, you know you drive down there and it's pretty blighted right now. But bridging North America doesn't want people pulling off this, you know, multibillion dollar bridge to see this ugly so we're going to clean up the whole neighborhood. We're going to help veterans and according to your information that we first got that's why the investment groups invested so much money in this already.
Let's get to that right now. Come back to you. And I see Mr. Koh, I see your hand up. Attorney go. You want to address one of the comments or some of the comments here.
Thank you Chair. I just wanted to quickly clarify something for the record. There are a number of other parks in the city of Detroit that are not known as PR which stands for Parks and Recreation not according to your website. That that includes Riverside Park, which is owned and Bor includes Westwood Riverfront Park, which is known as public center adjacent there's a number of other parks that are also still zoned residential. So I just wanted to clarify that that's not the case. And then the the map that the board is looking at right now was a plot that was provided with the appeal of the petitioner. And it was printed off I believe from the city of Detroit Park finder website, which is designed to give residents a general idea of where nearby parks are located. I do not believe it is an authoritative statement of where the boundaries of the parks are and I would like to just direct the board to the fact that the the zoning ordinance itself, section 50 Does 16 There's 172 is quoted by myself and Mr. Ellison defines a drug free zone based on an area that is within 1000 radial feet of a zoning lot of an outdoor recreation facility and in this case, the zoning lot stretches to the former revere Street and as was discussed includes the Welcome Center, which does not show up within the green boundary. Of I believe the map that the board is looking at right now but it is still part of the zoning lot part of the park and part of what establishes a drug free zone. Thank you
so so if you look at them are very street
on please hold on. So Mr. Koh, I'm looking right now at a zoning map adult use marijuana. I guess di dot dot stands for dispensary. But I'm seeing that this address does not fall within the area of the restricted zone
to the chairs that set a map that shows parcels with kind of a blue boundary
and a blue and the mapping area looks like it's in the yellow is from the Detroit mi dot maps that are gis.com
Yeah, I believe that Mr. Rodriguez might be able to pull up an actual picture of that map that has been resuming and it doesn't show the boundaries of Fort Wayne on that. But I believe that the parcel that we're talking about are not parcel but the portion of the park parcel we're talking about, which is between the parking lot and revere street might not be shown on that overlay. So I don't know if that map has the best information. But I also believe if you zoom all the way in, it might just clip the parcel that we're talking about and again Mr. Rodriguez might have access to to providing the most authoritative version of that map because he has access to the GIS system.
So let me actually miss Misako I'm not sure if Mr. Rodriguez can help me or even miss Filson I know that Miss Filson used to discuss these matters with others before. But so if a petitioner wants to do business at Detroit and want to establish a marijuana related facility, they will type in address which they want to operate in and they will see the boundaries which they can and can't operate in right. So is this address Detroit mi dot maps that aarC gis.com Is that not the website they go to? So they won't so they can see if they can establish such a facility and that area.
Through the Chair. I believe that map was an overlay created by the city's civil rights opportunity or civil rights inclusion and opportunity department to provide a general idea to applicants where the overlays and the prohibited the drug free zones are it is not a map that the city building and zoning department or that BC uses to draw its lines and conclude what is within 1000 feet they use the actual zoning lot boundaries. So while that is a helpful tool and I believe many applicants have used it I do not believe that is an authoritative source for seeing exactly where the overlays are. I see Mr. Ellison also has his hand up as well.
Well, that's what the petition is arguing that this is. This is the map that shows what a drug free zones are and the city is stating that this falls within a drug free zone because it's a park and they detrimentally relied on they possibly anyway on the city's website to determine where to do business in the city.
Through the Chair, as I stated before, I believe that is an informational tool prepared by Creo I do not believe that is intended to be an authoritative source. The final determination of what the boundaries are is what is measured by Creo using the GIS system.
Yeah, but Misako attorney code this is an outcome come to you Mr. Chairman.
Creo is a city department
that has a city map a map the word they say they can, you can and can't do business due to the drug free zones, right.
So you have
petitioners coming in here. Want to do business with the city and they rely on this map to do this to base their proposed facility off of where else would they go outside of this map? They can go somewhere else. Are you saying they should go somewhere else?
Sir, I believe the correct answer that would be the petitioner should contact or make an application to ECT as they have done in this case. In BC it makes the determination of whether the sound parcel is within a drug free zone or not.
Okay, thank you very much.
Can I can I make a comment? Oh, just said hold on.
Hold on. You're done. Okay. In your former Wheat
Board Member weed that Petitioner Have you reached out to historic Fort Wayne with respect to your plan.
I've talked with the district manager Eva Torres. She's well aware of what we're doing and she's the one who initially told me that they were going to turn for they were going to redevelop Fort Wayne into this like Riverwalk kind of and then turn all of the officer and enlisted old the Old Barracks. I don't know if you've driven by there lately, but they're all like the rooms are falling down. Yeah, that I actually tried to pull in there. First of all, Fort Wayne is only open from 10am to 4pm Saturdays and Sundays. So the only Park in Detroit that's only open for those hours. And it's not even zoned as a park. When I went in there to take pictures of building 310, particularly as the building that we're referring to that is kind of right at the corner, that buildings all falling down. They don't let anybody over there. I think that's why the park map shows that that's not even on there. That whole areas condemned they don't want anyone anywhere near those buildings that are ready to collapse. But once the PD once they develop that area, those are all going to be residential like condos, they're going to turn them into the last I talked with Eva Torres. The last email she was like I'm not even sure that the funding fell through. It's turned into way more money because they have to re beautify those buildings as a historical, kind of like a present preservation type thing. They can't just like, tear them down. They have to work with what's left and it's so the original investment groups kind of you know, it basically it's costing more money than what they originally thought, but those buildings are never going to be turned back into like a museum or anything they're gonna be turned into like condos is what the plan for them is. So yes, we haven't talked directly to Fort Wayne, but I've talked with District Six manager which is kind of like the mayor of that little area. And we've had a lot of conversations about that and land bank and other other issues also. Thank you.
Thank you, Miss Wilson. I do see your hand Mr. Ellison. I see yours to Mr. Wilson. Building and Safety.
You're muted still.
Thank you, Director. Mr. Chairman. I just wanted to put say that attorney call was correct. So the maps are on creels website, but they make a statement on the maps noted that these maps are provided solely for exploration of possible locations and do not confirm zoning or spacing approval for marijuana. business locations. All locations require special land use approval via the BC zoning division. So my division makes sure that the spacing that may not be captured on creels maps are aligned with what we have. So in this instance, if it wasn't on Krios maps, that's why we provided a letter that stated that this proposed location is too close to Fort Wayne.
Okay, thank you very much. For the question.
Make a comment about it.
And board members any questions Miss Wilson now? I will go to you and I do see Mr. Ellison. You have questions okay.
So um they're saying that all beforehand we you know, so why even post those maps on the website then? And if you look at that, it's like really close to, you know, the green zone. You couldn't be 200 feet away. So I think what those maps are referring to is the actual what the Parks and Recs you know, determination was but if beforehand to submit these applications and do all that work, you have to hire an attorney, you have to hire an IT consultant. Darryl has spent well over $100,000 on all of this, on the good faith that the information that we're getting from the websites is accurate. You know that and if this doesn't go down, then I'm going to have to owe some of this money back to him. I'm gonna be in debt the rest of my life because of the information that was on your website that was provided to us. There's no way to go to B seed ahead of time before you put that application. And the applications weren't even the I don't know if you're familiar with what's going on with homegrown Detroit, but it hasn't been a smooth process. Just let's just say that. So by the time that we were able to, you know, put the application and we've been working on this for a couple years already. And yeah, it just doesn't seem fair that you would put this type of information out there. Have people who have very little resources, I'm not a millionaire, you know, I'm not even $100,000 earner, you know, I to be putting all of our life savings into something like this on the good faith that the information that we're getting from the Detroit websites.
So with that being said, Did you see the fine print what do you been down on the website when you did the search when you put in your address?
Oh, yeah, I thoroughly I thoroughly read that and I said yes. They said don't take that as like law. But why have it on why even have the map then just don't have the map? You know, say go to be seed and see if this information don't even put the map on the website then you know, don't put it on there saying when we plug in the address, yes, it's approved. Why have the website or that information on there? The The only information on there should be like goes directly to BC have them pull up your property to see and then we wouldn't have been wasted last two and a half three years. And you know this I would have moved on I have had I've had offers on the building because it is directly across the street from Dan Gilbert's group and Parliament has been other real estate like just because it is right across from the Gordie Howe bridge. We would have you know, moved on with our life not invested money Gerald wouldn't been hired. I have money to Brian Ellison. You know,
I want to address you because I'm right. You know, you did say that you did see the disclaimer. And so if you saw the disclaimer, why would you spend all of that money without following the advice that was in the disclaimer going to four bc it or whatever. The only
way to get that information is to go through the the licensing process through the homegrown Detroit and I don't know if you've seen that the homegrown Are you familiar with the process with homegrown Detroit? There? So you basically have to get all these points before you can even apply you have to gather all this information up. And so you gather up all the information then you submit and then weeks later you get information from BC saying that you're rejected. So you can't even get the information from BC there's no way to verify your information until you've submitted with homegrown Detroit and homegrown Detroit had been getting these lawsuits and putting the program on hold and then they would go and then we get another lawsuit. So there was no way to even verify this information until all the lawsuits with the Are you guys familiar with what I'm talking about the cannabis lawsuits? Yeah. That was over and that was the only time that I'm pretty sure
Mr. Wilson's raise your hand for that very reason. But I want to go to Mr. Ellison. He's been having his race and race for past 30 minutes. So it's Allison. Yeah,
I'm just gonna Okay,
thank you. I had two points that I wanted to bring up and the first has to do with with the reading and acknowledgement of this disclaimer and the separation of where it's coming from and who's the authority? Here's the reality. The reality is Creo is the licensing review and issuing agency BC issues the license Creo does all of the investigations so to think that Creo putting something out is maybe not the serious effect is not a true or genuine statement, in my opinion. And the other thing about that disclaimer, is every single site that's used for marijuana, whether it's in a drug free zone next to a school, 100 miles from anything still goes through an SIU hearing. So everything is conditional upon another aspect of the process. So to say, well, you should have known that this isn't the authority that you can do your business here. That's a true statement. It doesn't matter what zoning light you're on in the city of Detroit. a marijuana dispensary goes through an SIU hearing period. So if you are not shown on a map to have any distance issues, you're still a conditional use. This is still not the final word on whether or not you can do your business because you still have to go to an SIU hearing. So I think that we put information out or this municipality puts information out to people, and then it says, Well, you should have read the fine print. Well, the fine print would actually apply to every single person that wants to do a marijuana business in the city of Detroit, regardless of your proximity to anything else, because they all are conditional uses. Now, the other thing that we were talking about is the delineation of this parcel, because I know that one of the things that is at issue is the entirety of this parcel, and the designation of this parcel. 77 acres know vacated right of ways, every single new new zone has been designed such that it could stand as a disparate zoning lot. Why? Because they're all adjacent appropriately adjacent to active right of ways, which is why they didn't vacate every street that's inside of that geography. The other thing is, if you look at the record for the modification from r1 to PD because we are talking about the city's ability to look at an entire zoning lot, you will notice in the map that there is a section south of the star four which is still r1. Still on this zoning lot, but still r1 So why did we rezone segments of our own singular 77 acre parcel and not the other the reason because that area is not even controlled by the city of Detroit. Coast Guard is there and it's controlled by the Department of the Interior. So using this enormous geography, and then saying this whole thing is a park is entirely disingenuous. We don't even control south of black Street. It's not ours, but it is within this 77 acre parcel. So I think that if we're going to be realistic aside from the way that this has been presented to, to these business owners, these people are making this investment and to be true to the letter of what was written by city council with the designation of these zones with these legal descriptions. With these lists of uses, which clearly says what the city's intention for these properties are, then these would be the measurements that are taken. If that were not the case, if this could remain what people think a regional park and that designation was removed, let's let's be honest, it was there and it was intentionally taken away. It was changed to I n s t on purpose. If we're talking about why they made this decision and why they delineated this space, and why they put these lists of uses together it is with serious and it was it was serious intent. It's not an accident. It's not a maybe it's not maybe it's a part, they said exactly what that land should be used for. So, you know, we've presented a picture of these folks at the very beginning way before they met me that said you can potentially do business here because there was a process to do any marijuana business anywhere in the city of Detroit, but this is not a distance issue. This is the every other SIU issue. And the city put together a map, which says exactly what these uses are with designated spacing on purpose. So I mean, we're running people down a rabbit hole with information we're putting out and then we're also not paying attention or listening to what it is that city council's delineated for this space and they did it for legal reasons. We could get into all the reasons why they changed the designations and everything else. I think that's important. You know,
I think okay, okay, Mr. Ellison, a letter of the law. Okay. Thank you, Mr. Nelson.
I just want to go back to what the owner was stating about what was on creos website. So yes, everything does come through for so you hearing that is marijuana related, but um, we we gladly give this information to applicants. They do not have to purchase the site. We will take a purchase agreement, and they can come to us and then we can do the spacing for that site. So Creo is different with the recreational portion. But the NBC goes through the special land use here and those are two separate entities. And so you go through the special land use portion first, and you can go through the social equity with creo. But you can also come through our department first to find the spacing or if it if you can get approved with the space and there's no spacing requirements with just a purchase agreement you do not have to purchase the property and then pay all this money to everyone before we can give you that information.
Mr. Wilson, I have a follow up question. Is that somewhere is that stated somewhere for people who want to do business in a city to come with a purchase agreement at least or a proposed one or
is not stated anywhere? We do require legal interest that is stated so legal interest could be a deed a lease or a purchase agreement.
Okay.
All right. Any further questions from the board? All right. I'm gonna give you one minute.
Okay, so um, the very street issue because that's exactly what they're going through. There's another property right next door you guys might be familiar with. That's where the toxic sinkhole was in November 2019. That we're very street is actually in