Determining where medical marijuana dispensaries will be located in Mackinaw City, or if they will even be allowed in the first place, was one issue tackled during the Thursday, July 8, Mackinaw City Planning Commission meeting. The issue was spurred by the Michigan Medical Marijuana Act passed in November 2008. While two years have passed, the matter of handling potential dispensaries has been difficult to address for many communities, considering the lack of case law, the village manager said. A moratorium on the dispensaries was passed by the village council May 20, blocking their construction for six months and giving the village time to research and develop ways to address the matter.

“There really is no road map right now,” said Village Manager Jeff Lawson.

The planning commission also considered an amendment to the village's lewd business ordinance and decided another look at the village's language on seasonal unpaved boat line parking may be necessary.

Where the medical dispensaries are concerned, three options are available to the village, Mr. Lawson explained. The village could decide to do nothing about the dispensaries, as some communities have chosen to, according to Planning and Zoning News. Mackinaw City commissioners agreed it will formulate a plan.

“Realistically, I think we have to address this, rather than put our heads in the ground,” Commissioner Nancy Dean said.

Another option would be to prohibit dispensaries. Banning the dispensaries would be accomplished by claiming growing and selling the drug is a violation of federal law, and this is the stance Livonia, for example, has taken. Prohibition is shaky ground, village attorney Tom Evashevski cautioned in a letter, as the village could be taken to court over the issue. There are no court cases where this has occurred, Mr. Lawson said, but it is likely to happen at some point.

“Some communities will be challenged on that,” he said.

Mr. Evashevski suggested the dispensaries should be regulated, and the response from the planning commission was reserved.

Commissioner Bo Whipkey said he is sympathetic toward people who need medical marijuana, but he is concerned about the effect the sale of it could have on the village.

“In my opinion, we're going to end up with a lot of people we don't want in our community,” Mr. Whipkey said.

Commission Chair Rob Most agreed, also saying he understands the need for medical marijuana but he is unsure if dispensaries have a place in the community.

“I have a deep worry about the ability of people to take something good and make it bad,” Mr. Most said.

Another approach would be to look at how residents of Mackinaw City voted on the statewide issue in 2008.

“It doesn't mean it's going to be right or wrong in a legal battle,” Mr. Lawson said of using the voting record to guide decisions, although it could help the commissioners get an impression of how residents feel about it.

Commissioners decided to collect more information about how other communities are handling the issue.

Sexually Oriented Business

Ordinance Reviewed

In light of the outcry against several businesses in Mackinaw City selling merchandise some consider risqué, the planning commission examined a lewd business ordinance taken from Emmet County. The village may adopt it as its own, with adaptations. The ordinance would go into greater detail on how lewd businesses are designated and how far from each other they can be placed.

“It's not going to prevent this from happening,” Mr. Lawson said of the establishment of such businesses, “it has to legally occur.”

The businesses are now regulated through the village's zoning ordinance, which states they must be limited to the B2 district, which is a business area along the shore. The sexually oriented businesses cannot be within 2,000 feet of each other and must be at least 1,000 feet from any residential district.

According to the new ordinance, sexually oriented businesses would be designated as such if 30% of its merchandise was adult oriented, such as sexual devices or adult books and videos. The Mackinaw City commission may decide to lower the percentage, if possible, and will contact Mr. Evashevski about the legality it.

The distance between each lewd business may also change as the commission continues to review the ordinance. More information is needed to see if the village can legally increase the distance, as it could effect how many lewd businesses could exist in the village.

The commission will continue to review the ordinance in the future.

Summer Boat Line Parking

Provisions May Change

After approving an application for Shepler's Mackinac Island Ferry to use one of the company's offsite lots for overflow parking was approved and sent to the village council in May, the commission is having second thoughts about the language of it.

The provision enables all boat lines to use unpaved offsite lots for parking, provided 50% of the lot exposed to public roads and pathways is landscaped. While the commission expected the lots to appear like golf courses with rolling berms, the Shepler site plan fell short of the idea, despite meeting all requirements.

Mr. Whipkey requested the commission take a look at the language and tighten it to meet its original vision, which could be done by specifying the 50% landscaping be evenly distributed.

Mr. Lawson explained the commission could try two avenues: request developers evenly landscape or specifically add it to the provision. Asking the developers would mean the commission would not have to change any of the language, but the request also would not be binding. Changing the language, on the other hand, would be binding but would also require another public hearing.

The commission agreed to take another look at this at the next meeting Thursday, July 22. A second Shepler request is up for review at that meeting, as well.