Planners table Common Citizen marijuana site plan; litigation and plan changes cited, special meeting set May 22

At the May 1 Eastpointe City Planning Commission meeting, the commission tabled consideration of the site plan and special land use for a marijuana provisioning center proposed by Common Citizen at 24525 Gratiot Avenue and scheduled a special meeting for 7 p.m. on May 22 to allow more review and to invite members of the original scoring/steering committee to participate.

Mike Beck, identified as director of government and community affairs for Common Citizen, said the company initially submitted a larger site plan that redeveloped the entire block but revised that plan after staff advised the change would require full site plan review. “We did have a site plan submitted… [then] we came in and talked to city staff and had a meeting and said, hey, if we can modify it and we can do this a little bit differently, what do you think about that?” Beck said. He said the revised plan rehabilitates an existing building and adds buffering, and that the applicant is not changing the community benefit package included with its medical application.

Public commenters raised procedural and substantive concerns. Jennifer Nicholas said the public hearing notice described a medical provisioning center while the application now seeks medical and adult use; she also said the notice listed five parcels though the application covers fewer. “This public hearing notice is for 5 parcels… The application is only for 24525,” Nicholas said, and asked whether the commission should correct the notice and, if necessary, re-notice.

City Attorney Albright told the commission a pending lawsuit in Macomb County Circuit Court challenges the city’s adult-use marijuana ordinance. He said a plaintiff filed for a temporary injunction and a hearing was scheduled for May 19; at least one party had sought to intervene and litigation could be protracted through appeals. “There is pending litigation involving the city's adult use marijuana ordinance,” Albright said. He added that city administration had paused new adult-use application steps while litigation is unresolved but noted that the applicant’s site plan review is for medical licensure and that existing medical permits are not subject to the same legal challenge.

Commissioners and staff discussed material differences between the original approved project (a full-block redevelopment) and the revised application, which proposes renovating the former Joe’s Music building, retaining the former auto sales building to the north and redeveloping the southern portion of the site into parking. The building official said the change is substantial and asked commissioners to consider how the revision compares to what the steering committee scored when it selected the initial license recipients.

Beck and Common Citizen representatives said they submitted the revised site plan to attempt to meet timelines and construction constraints and that their community benefits package remains in place; they said they have carried property costs and plan to close on most parcels but not the auto sales building. The applicant confirmed the revised site plan is for medical use only at this stage; under the city’s adult-use ordinance, medical facilities that open may later apply for adult-use licensure.

After discussion, the commission voted to schedule a special meeting for 7 p.m. on May 22 and to table consideration of the site plan and the special land use to that date so commissioners, staff and steering committee members can review the changes together. The commission also noted the legal uncertainty around adult use and that City administration has paused new adult-use processing pending the court outcome.

The commission asked staff to circulate corrected notices and documentation for the May 22 special meeting and requested members of the steering/scoring committee be invited to attend.