By Shelby Stewart-Soldan
Staff Writer
Ortonville— During the regular Monday night meeting, the lawyer representing JARS cannabis, Bob Kirk, spoke to the village council about current issues with opening a marijuana retail establishment in the village due to clarity issues in the ordinance.
“An issue has come up with regard to their site, in that the ordinance that you enacted does not define the word park,” said Kirk. “So since you did not define that, we think it could potentially become a problem.
The ordinance was passed in the Aug. 2 election. It was petitioned and filed by Ortonville Residents for Action, and the ordinance language was what appeared on the ballot. According to the ordinance, the village council cannot change anything about the ordinance, even for clarifications, for three years.
The ordinance outlines restrictions for retail establishments, including that commercial establishments are not authorized within 2,000 feet from a park. The ordinance does not define what a park is, nor is it defined in the Ortonville zoning ordinances.
JARS is under contract to purchase 258 South Ortonville Road, which is the former Ortonville Montessori building. That property is within 2,000 feet from the Bass Community Playground, which is part of the property at the old Brandon Fletcher Intermediate School. This building is currently owned privately and rented to the Oakland County Sheriff’s Office for a training facility, but the owner of the property left the playground and park area open for the community to use. Kirk argued that it should not be deemed a park due to the fact it is owned by a private entity.
“I believe if you did that (deem the area as a park) it’d really be restricting the amount of applicants that you could have,” said Kirk. “Our client has worked well in other communities, has contributed to other communities, and we believe would be an asset to your community.”
The other property in question is the Ortonville Wildlife Preservation Park. It is uncertain if this property is deemed a park by the ordinance, and if so, it would also conflict with the 258 S. Ortonville Road property. Residents spoke to the council as well about the Bass Community Playground being deemed a park.
“In regards to the Bass Community Park, it should definitely be defined as a park per the ordinance,” said Alexa Benezia “It’s an area of land for enjoyment and for recreation and for rest. This is an area for enjoyment for the community.”
It is uncertain who can deem the property a park or what the current or past zoning of the parcel is. It was previously a community park in the village, but it is uncertain if it still is designated as such after the sale of the building and parcel in 2018.