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Planning commission moves forward with marijuana amendments

From left, planning commissioners Sarah Mittlefehldt, Michael Larson, Michael Dunn, Erick Brooks, Aaron Andres and chair Joy Cardillo discuss the amendment to the city land development code regarding marijuana retailers Tuesday at City Hall. The Marquette City Commission will vote on implementing changes on Feb. 10. (Journal photo by Jackie Jahfetson)

MARQUETTE — Marquette is one step closer to adopting land development code amendments that will allow adult-use recreational marijuana facilities to operate in the city.

The Marquette City Planning Commission voted 4-3 after a public hearing Tuesday to recommend the Marquette City Commission adopt amendments — which primarily focus on adult-use marijuana establishments — to the city’s land development code.

Marquette City Planning Commissioner Michael Larson made the motion to adopt the changes to the land development code with an amendment to allow marijuana retailers to operate along a portion of Third Street.

Specifically, the retailers will be able to operate in the Third Street corridor T-5 district, which runs north of Arch Street to halfway between Hewitt Avenue and Prospect Street, then starts again between Park Street and Magnetic Street, continuing until Fair Avenue.

The dissenting votes were commissioners Wayne Premeau, Sarah Mittlefehldt and Aaron Andres.

Under previous drafts of the code established during work sessions late last year, only marijuana safety compliance facilities were going to be able to operate along Third Street.

However, multiple area residents came forward and expressed concerns about the commission’s initial recommendation to not allow most marijuana establishments to operate along Third Street.

“Unfortunately, it seems that the commission has taken a different direction on the Third Street corridor. And frankly, I can’t see in the city of Marquette a corridor that’s better suited for retail marijuana sales,” area resident Phil Toutant said. “The Third Street corridor is a vibrant mixed-use area. It hosts a number of different land uses and different retail establishments, multiple places where alcohol is sold for off-premises use and on-premises use. In a way, I see the sale of retail marijuana as being consistent with the general characteristic of the Third Street corridor and land uses and also, I think it’s consistent with the mixed-use vision that’s in the LDC.”

Other commissioners said they are in favor of moving slowly with the initial zoning process and protecting residential areas, noting that the Marquette City Commission will revisit the issue in a year.

Some commissioners stated a compromise would be vital to move forward.

“It is analogous (to a liquor store), it’s not identical. There are different restrictions that are put into place that are not the same as a liquor store,” Joy Cardillo, chair of the Marquette City Planning Commission said. “We don’t have as much grandfathered in. We’re trying to create less situations where we end up with properties that are grandfathered in … we really struggled with this and we tried to find logic behind making these recommendations and considerations and not to be cavalier about it. I’m also not opposed to compromising on only the T-5 area of Third Street.”

The ordinance passed by the Marquette City Commission on Oct. 15 includes 500-foot buffer zones around schools, religious establishments and licensed substance abuse treatment facilities. The ordinance does not restrict numbers or types of establishment licenses in the city.

Under the ordinance, the Third Street corridor only has a few properties in the T-5 area that are outside the buffer zones.

The current recommendations for marijuana operations by zoning district are:

≤ Central business district: designated consumption establishments; class A growers; micro-businesses and processors that use light manufacturing; retailers; and safety compliance facilities.

≤ General commercial and regional commercial districts: growers with class A, B, C or excess grower licenses; micro-businesses and processors that use light manufacturing; retailers; safety compliance facilities; and secure transporters. The general commercial district would also allow designated consumption establishments.

≤ Industrial/manufacturing: growers with class A, B, C or excess grower licenses; micro-businesses and processors that use light manufacturing or heavy manufacturing; retailers; safety compliance facilities; and secure transporters.

≤ Marquette Downtown Waterfront district: micro-businesses and processors that use light manufacturing; retailers; consumption establishments and safety compliance facilities.

≤ Mixed-use district and Third Street corridor: safety compliance facilities.

≤ Third Street corridor T-5: retail establishments.

The other recommended amendments to the land development code deal with definitions; nonconformities; landscaping and screening; parking, loading and access management; general provisions, including fences and walls, as well as storage of recreational vehicles; standards applicable to special land uses; schedule of regulation; zoning districts and maps, including changes to permitted uses by district, various form-based codes, and more.

The Marquette City Commission will hold a public hearing and follow with a vote on this issue on Feb. 10.

For more information on the city’s marijuana ordinance, visit marquettemi.gov/marijuana.

Jackie Jahfetson can be reached at 906-228-2500, ext. 248.

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