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HomeMy WebLinkAbout09/05/2017 13 Retail Marijuana in the M-1 Zoning District DiscussionBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13. For Meeting of: September 5, 2017 ITEM TITLE: Discussion regarding retail marijuana in the M-1 Zoning District SUBMITTED BY: Joan Davenport, AI CP 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 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, and the chair signed the findings on July 21, 2017. Staff presented the YPC findings to Council on August 1, 2017. At Council's request, additional information is being provided. The Map of License Eligible Properties with M-1 Zone identifies 369 parcels currently zoned M-1 that are located outside the 1000 ft. buffer. For comparison the Current Map of License Eligible Properties is also included. A memo from Sara Watkins that provides additional background on the YPC findings and outlines the Council's options is attached. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Consider 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 D Memo _Marijuana Retail WI one B25/2017 D Map_License Egbb Pmperties M-1 Added EV2912017 • Map _Current Eligible Properties iii25/2017 • Planning Commission Findings d2B/2017 2 Type Cover Metro Backup Material Back up Material Backup Maicrial TO: MEMORANDUM Mayor Kathy Coffey, and Councilmembers Cliff Moore, City Manager FROM: Sara Watkins, Senior Assistant City Attorney DATE: August 2, 2017 SUBJ: Planning Commission's Recommendation on Marijuana Retailer Location Expansion to M-1 At your August 1, 2017, regular council meeting, you were provided the findings and recommendations of the Planning Commission regarding expansion of marijuana retailing to the M-1 zoning district. This memo serves as a short summary of the procedure, Planning Commission decision, and the Council's options. 1. Summary of Procedure In late April a letter was forwarded to the City Council and City Manager seeking to have the Council allow marijuana retailers to operate within the M-1 zone. Upon review, the City Council sent the issue to the Planning Commission, giving it sixty (60) days to evaluate the request and provide the Council with a recommendation. The Planning Commission discussed the matter at its June and July , regularly scheduled meetings (both of which are available for viewing on the YPAC website). The recommendation was forwarded to the Council and first evaluated at your August 1, 2017, business meeting. 2. The Planning Commission's Recommendation The Planning Commission recommended that there be no change in the locations available for marijuana retailers. The Planning Commission's discussion on the issue focused on the purpose of the M-1 zoning district. The Council may not know this, but the first time the Planning Commission looked at the marijuana issue (the summer of 2016 when Council ultimately legalized marijuana businesses in the City), the Commission went through an exhaustive and in depth review of the types of marijuana business and the purposes and definitions of the various zones within the City to determine where marijuana businesses were compatible with the zoning districts. The M-1 zoning district intent is outlined in YMC 15.03.020(N) as follows: 1 3 4 Light Industrial District (M-1). The intent of the light industrial district is to: 1. Establish and preserve areas near designated truck routes, freeways, and the railroad for light industrial uses; 2. Direct truck traffic onto designated truck routes and away from residential streets; and 3. Minimize conflicts between uses in the light industrial district and surrounding land uses. The light industrial district provides areas for light manufacturing, processing, research, wholesale trade, storage, and distribution facilities. Uses permitted in this district should not generate noise levels, light, odor, or fumes that would constitute a nuisance or hazard. As can be seen by the definition, and as was discussed by the Planning Commission, there is no mention of general retail activities in the intent statement regarding the light industrial zone (some retail activities are allowed, see below, but the intent of the district does not include a retail component). Since there is no mention of general retail activities as an intent of the zoning district, the Planning Commission originally found, and continues to find, that marijuana retail activities do not meet the intent of the district. As a result, the Planning Commission did not recommend allowing marijuana retailers to operate in the M-1 zone. During the Planning Commission discussion there was no mention of any specific location within the M-1 where a retailer might locate. The discussion focused on adding the entire M-1 zoning district as an allowed district for marijuana retailing. There was some discussion of the map that was provided to the Planning Commission showing the additional locations available if the M-1 zone allowed marijuana retailers. The Planning Commission noted that allowing marijuana retail activities in the M-1 could open the door to all retail activity in the M-1, which is not the intent of the zone. No one from the public spoke in favor or against adding the M-1 zone to marijuana retailers at either of the Planning Commission meetings. The Planning Commission, after discussing whether marijuana retail activities were consistent with the intent of the M-1 zone, determined that such activity was not consistent, and recommended that no marijuana retail activities should be allowed within the M-1 zoning district. 3. The Council's Options The Planning Commission provides a recommendation to Council, as the body that is created to do the research and evaluate zoning and planning issues for the City. The Council is the ultimate determiner of code language changes. 2 By determining that the intent of the M-1 zoning district is not consistent with marijuana retailers, the Planning Commission did not get into the details of what type of review might be necessary to open a marijuana retailer in the M-1 if allowed. Under the M-1 zone regulations, retailers that are authorized by the code to locate in the M-1 district, depending on type, must go through elevated review because the zone is not intended to have general commercial retail activities. For general retail sales that are not specified in the zoning chart, there is a Type 3 enhanced review. Convenience stores must go through an enhanced Type 2 review to locate within the M-1 zone. Liquor stores are not allowed in the M-1 zone. See YMC 15.04.030—Table of Permitted Land Uses. If the Council chooses to allow marijuana retail sales in the M-1 zone, the Council should also evaluate what type of review that retail use must go through -1, 2, or 3. Here is a summary of each review type: Type 1: Presumed compatible with the zoning district, must provide basic documentation as part of the application, and meet all building code and development code requirements. The review is done administratively by the Planning Department. Type 2: Presumed compatible with the zoning district, but heightened review and likely mitigation measures for the use in the zone. Applicants must provide application documentation and meet all building code and development code requirements. Adjacent property owners within 300 feet of the property are notified of the application. Generally the Planning Department will make the decision, but if they believe formal public review and comment will assist in determining proper mitigation of impacts, the Planning Department can elevate the review to a Type 3 review. Type 3: Presumed not compatible with the zoning district without mitigating measures, and in some cases mitigation of effects would not be compatible with the zoning district. Applicants must provide application documentation and meet all building code and development code requirements. Adjacent property owners within 300 feet of the property are notified of the application, including notification of a public hearing on the application. The Planning Department drafts a staff report regarding the application. All materials are forwarded to the Hearing Examiner, who holds a public hearing on the matter, evaluates the evidence and renders his or her decision on the application. It is important to determine the type of review that will be necessary for marijuana retailers, if allowed in the M-1 zone, and to be consistent with the other required reviews for retail uses in that zone. Current local marijuana regulations also require the following of all retailers: All buffer zones required by state law be followed. 3 5 6 Child care center buffer zones include buffers from family home child care centers. All state laws must be followed. No marijuana retailer shall be located within any other business and may only be located in buildings with other uses if the marijuana business is separated by full walls and with a separate entrance. No more than one marijuana retailer shall be located on a single parcel. Odor must be contained in retailers so that it cannot be detected by a person with a normal sense of smell from any abutting use or property. Meet all notice requirements as outlined in local and state law. Attached is the map which was reviewed by the Planning Commission. The areas in dark grey are those which would be open to marijuana retail activities if the Council adds the M-1 district to the list of districts where marijuana retailers are allowed to operate. As can be seen, the majority of these parcels are along South Street, Fruitvale Boulevard, and the airport. Attached also find the original letter requesting the evaluation of adding the M-1 zone to the available zones for marijuana retailers, as well as an email comment on the matter. If the Council determines that it would like to make changes to allow marijuana retail activities in the M-1 zone (and what type of review will be necessary) it will need to set a public hearing on the matter before taking any action. The Planning Commission did not set a public hearing because it chose to take no action. Before any changes to the ordinance can be made, a public hearing must be held. 4 Map of License Eligible Properties with M-1 added Zoning .00.1, 3CC SCC: 53 parcels B-2: 33 parcels LCC: 15 parcels CBD: 55 parcels GC: 300 parcels .11 RD: 35 parcels M-1: 369 parcels Total: 860 parcels April 26, 2017 Mayor, City Council members City Manager Yakima WA Dear City Officials, 8 f�ECEIVED CITY OF YAKIMA APR262017 OFFICE OP CITY COUNCIL 1 The restrictions placed on 1-502 locations eliminate most of the sites available to standard retail businesses. But as I testified the last time I was in front of the council, I agree with the setbacks currently in place in Yakima. Over the past several months I have conducted an exhaustive search for a qualifying site to locate my 1-502 Marijuana Retail license. I finally have a site that meets all the setback requirements, but the M-1 zoning is currently not on the list of allowable zones to locate a retail business in. I am looking at 1107 So 3rd , this is the old Max's Tavem property. This is a derelict property that we will turn into a show piece given the opportunity. So I would like to request that the Council consider expanding the allowable 1-502 retail zones to include M-1. I am available to answer questions any time. Thank You J /A- L Ken L Weaver The Slow Burr 509 961-6719 .9ECEI VED APR 272017 CITY OF YAKIMA PLA"' ' DIV T 9 From: Cutter, Jeff Sent: Thursday, August 03, 2017 9:57 AM To: Watkins, Sara <Sara.Watkins@YAKIMAWA.GOV> Subject: FW: Planning/city council comments "'i 1 Sara. JC Jeffrey R. Cutter City Attorney City of Yakima Legal Department 200 South Third Street 2nd FI 1 Yakima WA 98901 P: 509.575.60301F: 509.575.6160 Ieff.cutterc yakimawa.gov Privileged & Confidential: Covered by the Attorney -Client & Attorney Work Product Privileges From: Elizabeth Hallock [mailto:ehallock.law@gmail.com] Sent: Wednesday, August 02, 2017 8:39 PM To: Davenport, Joan <Joan.Davenport@yakimawa.gov> Cc: Cutter, Jeff <Jeff.Cutter@Vakimawa.gov> Subject: Planning/city council comments Hi, I tried to leave a comment for the Aug 1 council meeting, but the website does not have a link to email a copy for public comments, only an all council email. I would like to leave a comment regarding marijuana zoning for the next planning committee meeting. It was very difficult under the city's zoning to open a marijuana business, and Ken Weaver spoke in public council meetings about how we need to protect the children by increasing the buffer zone. The most restrictive zoning resulted in the Herbery's Nob Hill business being zoned out for marijuana use. I believe zoning light industrial as marijuana retail friendly is illegal spot zoning for the benefit of one individual. If zoning is to be revisited, the buffers need to be decreased for everyone. It's unfair that all the other Yakima marijuana business owners had restrictive zoning, but an exception is now being made for Ken Weaver. Thanks Liz Hallock ehallock.law(a, g nail.com 3609096327 Map of License Eligible Properties with M-1 added Zoning .00.1, 3CC SCC: 53 parcels B-2: 33 parcels LCC: 15 parcels CBD: 55 parcels GC: 300 parcels .11 RD: 35 parcels M-1: 369 parcels Total: 860 parcels Current Map of License Eligible Properties City of Yaldma, Washington Locations Eligible for Retail Marijuana Licenses In 2016. the City of Yakima adopted regulations to govern the placement of retail marijuana operations as described in Ordinances 2016-08, 2016- 17, and 2016-018. These regulations were enacted as a result of the Washington State voter approval of Initiative 1-502 in November 2012. The Yakima City Council created license restricted areas, consistent with state law (RCW 69.50.331) that excludes all land zoned for residential uses. Professional Office (B-1), Light Industrial (M-1). Heavy Industrial (M- 2) and Airport Support (AS) In addition, certain sensitise land uses are buffered with a 1.000 foot separation requirement from schools, playgrounds. day care and child care centers, library. arcades public transit center and other child based locations. Pubic lands were also excluded from the License Eligible locations. May 2017 - City of Yakima. GIS Semen IIO'N lid Ai res.,•.... ■ ■ f WIDE H . . 1 ■ d:..1 I;alio, 9 • =osmoses." h 149 h tr wr.t Zia Rd EN T.; Variety Hph 4r—r�_ r -_r/ r ---ill w-n•.•r11 Brown Ln 0. 5 0 0 Lookout Pcnc1 i lel o . , N, �ry 1.71. 1: rl'. 0! tiest c4 ,OUr P ■ 1% lir • r Y .• •• • • • ■ 1 ' i•■ "a▪ loe -1• •••• • � � x • License Eligible Properties Zoning Category SCC MI B-2 Local Business LCC Large Convenience Center CBD Central Business District GC General Commeraal RD Regional Development •� Yakuma Council Districts e.■y Yakima City Limits Restricted Areas 4' kv DKd 0 • - Unice • ', CD ting Ms it rr••r - m kMmDn r.:. '1�Ne9Pts Dr Park Kwan, • a t ., i .,. •• •••••• • • k, Race St 1-. s , .Rd • , ••. ■ _tiAven Pacific Av` 'Wdsman • j,v vii• Park D �- Contra/;n Washington .c e., Stara Park . 'in LI 1 L-_...._. i I 1 J • • • R • ▪ ift • V YaQ C a '.V Viola 5) ••n m u a' a' Ivo 4 L V Cc 4 Q 1 L LC,L = v� -rs..•a•esrL't.Meact TallOmitG t■ryv' r x r_• Sirs ' 1 fn, Park 4 NIL A' bit ctiiti MbXE, VALLEY • -T•-._.-.-.-.-. a.' % I 4 7.1; ' JI -J i f Caution: This map is for illustrative purposes only It demonstrates the status of property as of May 1. 2017. Upon application for a Retail Manjuana license, the City will confirm eligible locations with respect to sensitive land use locations and buffers. This will include updated location of licensed child care and day centers. In addition. property with split zoning of more than one zoning district will be evaluated. Sources Esn. HERE. (*Lorna. Intemu,p, ncrtrners P Corp GEBCO. USGS,FAO}NPSNRCAN. GeoBase. IGN Kaeaster NF Oram,ce Sun ey Esri.ar.: Eve Chna I Hong Kong). srnsstopo. Mspmylnole z- OpenStreetMap contributorserre the GIS User Comm;ney , 1 SCC: 53 parcels B-2: 33 parcels LCC: 15 parcels 1 CBD: 55 parcels GC: 300 parcels RD: 35 parcels Total: 491 parcels 12 CITY OF YAKIMA PLANNING COMMISSION FINDINGS OF FACT, AND RECOMMENDATION Marijuana Regulations July 12, 2017 WHEREAS, at the June 20, 2017 Yakima City Council meeting, the Council requested that the Planning Commission consider the M-1 zoning district for Marijuana Retail facilities; and WHEREAS, 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: FINDINGS 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. 1 13 RECOMMENDATION 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 (M-1) zoning district. MOTION Based upon the findings outlined above, it was moved and seconded that the City of Yakima Planning Commission recommend that Council retain the current zoning districts for Marijuana Retail and not allow such use in the Light Industrial (M-1) zoning district. The motion was carried unanimously. Patricia Byers, Chair Yakima Planning Commission 2 Date