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Commission expands pot sale buffers

ESCANABA — Deviating from instructions from the Escanaba City Council, the city’s planning commission increased proposed buffers between schools and marijuana businesses this week, but stopped short of returning the buffers to the default 1,000 feet prescribed in state law.

Wednesday’s special meeting of the planning commission was called at the request of the city council, which asked the planning commission to adopt a map showing where marijuana establishments could be located if buffer zones around schools were reduced to 500 feet and no other buffer zones were in place. The request included maintaining zoning restrictions that prohibit marijuana businesses from locating in residential or planned open space areas, limit retail establishments to commercial-type zonings and limit other types of marijuana businesses to manufacturing and industrial zoning classifications.

Initially, planning commissioners Mark Hannemann and David Mason — who both expressed distaste for legalized marijuana in general — balked at the request. The two men moved and voted to maintain a 1,000-foot buffer around schools, but without support from the remainder of the commission, the motion failed.

None of the commissioners expressed strong feelings in support of adopting the 500-foot buffer requested, but after some discussion, the commission agreed to split the difference with a 750-foot compromise.

“This a recommendation from council, not an order,” said Planning Commission Chair James Hellerman, of the initial 500-foot recommendation. “They’re not our boss in this area.”

While the planning commission is a body independent of the city council that serves in an advisory capacity, any decision the commission makes regarding ordinances must be approved by the council itself before taking effect. If the council disagrees with the commission’s decision to deviate from recommendations, the council can always reject the commission’s decision, bouncing the issue back to the planning commission until it either complies or comes up with a compromise the council finds suitable.

Whether or not the council will do that in this case remains to be seen. Both Council Member Karen Moore and Council Member Tyler DuBord attended the meeting and spoke in public comment about the buffers.

Moore, who has historically held positions that would restrict marijuana businesses, argued the planning commission should ignore the council’s recommendations and instead listen to prior comments made by a priest asking for 1,000-foot buffers from churches. Early drafts of maps regulating where marijuana establishments could be located included these buffers, as well as 1,000 feet from schools, commercial daycares, and, at Moore’s request, libraries.

“What’s happened and what’s before you is a map that’s pretty much open, and the council has moved towards having unlimited stores, and with an open map like this, I think that is detrimental to our city,” said Moore, referencing the council’s general movement away from capping the number of marijuana establishments.

The council has been advised by its legal counsel for marijuana issues that capping establishments, while legal, can open the city up to lawsuits. Hellerman advised the planning commission it does not have the authority to decide how many establishments exist in the city.

Despite early support for her library buffers, Moore stands alone on the council in her quest for tougher marijuana regulation. When the council voted on July 21 to scrap all but the buffers around schools and to limit the school buffers to only 500 feet, only Moore voted against the change.

DuBord, who also spoke Wednesday, has argued for a more laissez-faire set of marijuana rules, where fewer restrictions allow the free market to decide how many marijuana businesses enter the city and where they locate. While he originally argued in public comment the commission should follow the council’s instructions, he returned to the podium during the meeting’s second public comment period to applaud the 750-foot compromise.

“I have to agree with you. I think you guys agreeing to a 750 (foot buffer) is reasonable. I don’t see any problem on my end. In my opinion that moving from 1,000 to 750 or moving from 500 to 750 — I totally support that. I think it’s reasonable and I appreciate you guys coming to a compromise on that,” he said.

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