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HomeMy WebLinkAbout08/01/2017 09 Findings of Fact re: M-1 Zoning Districts and Marijuana SalesBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 9. For Meeting of: August 1, 2017 ITEM TITLE: Report on the Yakima Planning Commission's Findings regarding retail marijuana in the M-1 Zoning District SUBMITTED BY: Joan Davenport, AICP Community Development Director Joseph Calhoun, Planning Manager (509) 575-6042 SUMMARY EXPLANATION: Based on council direction, the Yakima Planning Commission (YPC) held a study session on June 28, 2017 to consider amending the zoning ordinance to allow the retail marijuana use in the M-1 zoning district. The YPC upheld its earlier conclusion that retail marijuana is not consistent with the purpose of the M-1 zoning district. The YPC approved its final findings on July 12, 2017, the chair signed the findings on July 21, 2017. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FORcl*� SUBMITTAL: `yCity Manager STAFF RECOMMENDATION: Consideration of the YPC recommendation. BOARD/COMMITTEE RECOMMENDATION: The Planning Commission recommended to not allow retail marijuana uses in the M-1 zoning district on July 12, 2017. ATTACHMENTS: Description Upload Date Type D Planning Commission Findings 7/21/2017 Backup Material ill 115iii,11511 ill! 11 11 11 illl ;!� Ill ll ill � 11 � �'i•11 Q 9 p] 10 LCI. -S9121-11#1 011INZAGUAt'll =11l ate] 11HEREAS, at the June 20, 2017 Yakima City Council meeting, the Council Retail facilities; and TIHEREAS, at its June 28, 2017 meeting, the Yakima Planning Commission considered the request to include the M-1 zoning district for Marijuana Retail and was provided a copy of a revised map that shows the parcels that would potentially allow such uses in the M-1 zone; and WHEREAS, the Planning Commission discussed the process that was adhered to when the zoning districts were first recommended to council. The M-1 zone was not included for retail uses at that time to preserve the industrial intent of that district; and WHEREAS, the Planning Commission moved and seconded to retain the allowed districts for Marijuana Retail as they currently exist; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Yakima that, in making the herein above recommendation the Commission hereby enters the following Finding of Fact: 1 . The Planning Commission reviewed and recommended approval to the City Council certain zoning amendments to allow marijuana uses in certain zoning districts, as noted in the Findings of Fact signed by the Chairman on June 22, 2016. 2. During the Planning Commission's initial review and recommendation, it evaluated each type of marijuana use — production, processing, researching, and retail — in relation to the purposes of each zoning district, including an evaluation of allowing retail within the M-1 zoning district. 3. The Planning Commission did not agree that Marijuana retail is consistent with the purpose of the M-1 zoning district as part of its original review and recommendation. 4. Upon remand to further evaluate retail uses in the M-1 zoning district, the Planning Commission finds that its original review of the matter was appropriate. Marijuana retail activities are not consistent with the purposes of the M-1 zoning district. It is for the above reasons that the Commission recommends that Council retain the current zoning districts for Marijuana Retail and not allow such use in the Light Industrial zoning • Based upon the findings outlined above, it was moved and seconded that the City of for Marijuana Retail and not allow such use in the Light Industrial (M-1) zoning district. The motion f carried unanimously. Patricia Byers, Chair Date Yakima Planning Commission 2 -7 } 4