Ilsa Minor | Daily Press
Above, the Escanaba Planning Commission listens to public comment about retail marijuana establishments Thursday. An influx of new stores seeking permits and a threat from craft giant Hobby Lobby to leave the city prompted the planning commission to recommend a moratorium on new permits for marijuana businesses. The final decision on whether to put a moratorium on the permits must be made by the city council.
ESCANABA — The Escanaba Planning Commission made a recommendation this week that the city stop issuing permits for recreational marijuana establishments until the two ordinances regulating the businesses can be reviewed and revamped. The move followed public outcry and a threat from craft giant Hobby Lobby that it will leave the city if pot shops are allowed to open near the Delta Plaza Mall.
More people attended and more people made public comment at Thursday’s regular planning commission meeting than at all of the planning commission meetings in 2022 combined, according to the Planning and Zoning Administrator Tyler Anthony, whose own office received 38 phone calls in a single day about the threat from Hobby Lobby. Comments were primarily in support of the hobby store, against marijuana establishments in general, or questions and frustrations from residents who felt they were not properly informed about the city’s marijuana laws.
Functionally, there were two marijuana-related tasks on the agenda for the meeting, a public hearing on a proposed marijuana retail establishment that would be located in the old Treasure Chest store on Ludington Street and a discussion on retailers in general, which was combined with a discussion on concerns raised by Bay College about the potential for marijuana businesses locating near the college.
The proposed business on Ludington Street, which would be operated by Upper Shelf Farms, LLC, was conditionally approved. Before the store can operate, it will need to have the buildings facade resided to be complaint with the city’s building materials rules and install a fence and gate that will obscure the loading and unloading area.
While the site plan and special use applications were approved, the plan was unpopular with those in attendance, many of whom were at the meeting in opposition of marijuana establishments in all cases. Some of the specific concerns raised about the Upper Shelf Farms project were the location on Ludington Street being along parade routes where children congregate, its proximity to a women’s shelter, increased traffic, and the impact on nearby residential areas.
Not all were against the plan. Jesse Traub, who lives kitty-corner to the Treasure Chest was the lone voice in favor of the planned business.
“I’m totally fine with it. I don’t smoke marijuana, but I also don’t drink, and there’s plenty of bars downtown, so I don’t see me not smoking marijuana being an obstacle to this. As for there being too many dispensaries, that’s for the invisible hand of the market to really decide,” said Traub.
With only one voice of support and more than one resident telling the appointed volunteer board that the residents were their bosses, the planning commissioners found themselves explaining their role in the process.
“We can’t reject something because we personally don’t like it. It’s just not legal for us to do,” said Planning Commissioner Mark Hannemann, who told the crowd he was personally opposed to retail marijuana.
The two primary roles of a planning commission are to review site plans and permit applications and to make recommendations on zoning-related ordinances to the city council. When reviewing an application or a site plan, the only actions a planning commission can take are to approve, deny, or conditionally approve the request based on the rules outlined in the city’s ordinances. It cannot deviate from those rules or take into account things like the type of business, its economic impact or whether or not the business would be popular with residents.
The response of the public to the new marijuana rules and some of the issues that have come up during the review of marijuana applications prompted the commission to turn to its other role as an advisory board. The commissioners unanimously voted to ask the council for a moratorium on issuing permits for marijuana businesses while the zoning ordinance and the regulatory ordinance for marijuana are reviewed.
“I would also like to make it clear that just because we are reviewing it, doesn’t mean that anything is going to change,” said Commissioner Kelli Van Ginhoven.
Currently, the city is looking at a maximum of six marijuana establishments. In addition to the Upper Shelf Farms project at the Treasure Chest, the commission has approved or conditionally approved projects at the former Staples (Higher Love), the former Sayklly’s building on North Lincoln Road (Gram’s Club), and the former Hudson’s (The Fire Station). Two other applications are pending approval, one of which will be presented to the commission in February, and another request was denied administratively because it did not meet setback requirements outlined in the ordinances.
The concerns over Hobby Lobby leaving the mall were first raised with the planned project from The Fire Station at the old Hudson’s building. The project, despite being conditionally approved by the commission, is unlikely to come to fruition because the property only has an exit and does not have a legal entrance off the highway. It is unlikely that the Michigan Department of Transportation would approve reengineering the road to add an entrance and Hobby Lobby has made it clear it does not want Dial Properties, which owns the mall and leases to Hobby Lobby, to grant The Fire Station an easement.
Even with The Fire Station’s plan stalled, the Gram’s Club project at the old Sayklly’s is uncomfortably close for the craft supply dealer, and Hobby Lobby has expressed objections to even The Fire Station’s conditional approval.
“Despite Hobby Lobby’s prior objections, the City has made its priorities clear. Hobby Lobby will re-evaluate its position in the market accordingly,” Randy Childers, Senior VP of Real Estate wrote to the city on Dec. 6.
It was repeatedly stated at the meeting that, as the planning commission is bound by the ordinance and it is likely the project at Sayklly’s will move forward, it may be best for residents to reach out to Hobby Lobby directly. Residents at the meeting were directed to call Childers at 405-745-1100.
The planning commission also requested a joint meeting with the city council to discuss the ordinances. That meeting is tentatively scheduled for Feb. 23.
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