HomeMy WebLinkAbout06-08-16 YPC PacketFOR '11111 E R ,, , DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Planning n rt, ,on � ort, AICP, Director ��� �a [ � d i°� F "�,"r k; B �,�"w � 2nd � (� 129 North Second Street, 2 Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission STUDY SESSION City Hall Council Chambers Wednesday June 8, 2016 3:00 p.m. - 5:00 p.m. YPC Members: Chairman Scott Clark, Vice -Chair Patricia Byers, Al Rose, Bill Cook, Peter Marinace, Gavin Keefe Council Liaison: Mayor Avina Gutierrez City Planning Staff: Joan Davenport (Community Development Director/Planning Manager); Jeff Peters (Supervising Planner); Valerie Smith (Senior Planner); Trevor Martin (Associate Planner); Eric Crowell (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Department Assistant) Agenda I. Call to Order II. Roll Call III. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of June 1, 2016 VI. Continued Study Session on I-502 Marijuana Regulation VII. Public Comment on I-502 Marijuana Regulation VIII. Other Business IX. Adjourn Next Meeting: June 16, 2016 (Special Meeting - Public Hearing @5:30 p.m.) City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of June 8, 2016 Call to Order Vice -Chair Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Vice -Chair Patricia Byers, Al Rose, Gavin Keefe, Peter Marinace YPC Members Absent: Chairman Scott Clark (excused), Bill Cook (excused) Staff Present: Jeff Peters, Supervising Planner; Sara Watkins, Senior Assistant City Attorney; Lisa Maxey, Department Assistant Others: Holly Cousens, Assistant Mayor; Sign -in sheet in file Staff Announcements None noted Audience Participation None noted Approval of Meeting Minutes of May 11 2016 May 24 2016 and May 25 2016 Commissioner Rose stated that he did not receive the minutes to review ahead of time through email. Vice -Chair Patricia Byers responded that a motion on approving the minutes will therefore be delayed until the next meeting. Continued Stud Session on 1502 Marijuana Regulation Sara Watkins, Senior Assistant City Attorney, explained her memo to the Commission and the changes made to the draft ordinance since the last meeting. Supervising Planner Jeff Peters announced what items were distributed to the Commission, including a letter from the Department of Commerce, two public comments, a memo from Sara Watkins, the revised draft ordinance, and 3 maps showing different buffer levels and the zoning district for each area eligible for marijuana related business. Discussion took place on the comments received from the public. Peters reported that he spoke with the manager of the Waste Water Division per the request of the Commission at the last meeting, who indicated that the department will not require any additional regulations for marijuana processors. The discussion moved to the possibility of buffering from churches, to which Commissioner Keefe voiced that he would not like this buffer to be put in place and that it would be too restrictive for marijuana related businesses. Commissioner Rose expressed that he would like the neighbors to be notified of marijuana retailers opening business in their neighborhood. Additional discussion took place in regards to the level of review that was previously decided for marijuana retailers, the difference between classification of use and type of review, the option of having a Class 1 use go through a Type 2 review, and notice requirements mandated by the state when applying for a license. The Commission had consensus to include in the ordinance that any person applying for a marijuana retail license must notify property owners within 1,000 feet of the location the product will be sold. They also decided to include in the ordinance the signage -1- requirements per state law. Further discussion ensued in regards to what other forms of notification they may want the applicant to provide. Commissioner Keefe added that he is opposed to the applicant being responsible for paying the cost of mailing notification to property owners within 1,000 feet. Commissioner Byers pointed out that it would be helpful to hear from the public on the matter when deciding the final language for the ordinance. Sara Watkins informed the Commission that she did further research into cooperatives and what other jurisdictions have enforced in relation to registering their locations. The Commission had consensus to refrain from requiring cooperatives to register their locations with the City. Moving on to the review of the buffer maps, Commissioner Keefe shared that he believes the 1,000 foot buffer is too restrictive. Commissioner Marinace stated that based on public comments that he has heard so far, he would like the buffer to possibly be increased from 1,000 feet. Commissioner Rose and Commissioner Byers both expressed that they would like to leave the buffer at 1,000 feet in the ordinance for now and wait to hear what the public has to say at the hearing. Commissioner Keefe added that he would like the buffer to be reduced to 500 feet but will wait to hear what the public has to say as well. The Commission had consensus to have staff provide large maps of the 3 different buffer options at the public hearing, and add how many locations on the maps are available. Discussion took place regarding a 500 foot separation between marijuana retail stores. The Commission requested staff to look into the availability of reserving the Council Chambers on June 17th in case the deliberation from the public hearing on June 16th needs to be extended. Public Comment on 1-502 I'v ari`uaraa Regulation Audience member Eric Larson spoke regarding the separation of recreational and medical marijuana. He added that he would like the Commission to consider a buffer of 500 feet so as to help distribute marijuana retail stores around the city. Larson went on to describe the lack of correlation between marijuana retail and crime. Other Business Commissioner Rose asked if the minutes that were put on today's agenda for consideration of approval but where delayed can be approved by email, to which Sara Watkins responded that the minutes can be approved at the next Planning Commission meeting. Peters informed the Commission that the draft Planning Commission findings for I-502 Marijuana Regulation will be included in their packet for the hearing in place of what would normally be the staff report. Adjourn A motion to adjourn to June 16, 2016 was passed with unanimous vote. This meeting adjgyrn d at 4:45 p.m. .. Char i � tt-Cl rk Date This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Department Assistant II -2- ANIF ,d' r P ran h i n'mg SIGN -IN SHEET Po( n n I ri g City of Yakima Planning Commission City Hall Council Chambers Wednesday June 8, 2016 Beginning at 3:00 p.m. Study Session *PLEASE WRITE LEGIBLY', _...._.. _._.�_....................................................... Pae 1 � �ITIT 06/08/201ITIT�IT�mITIT�� Page 6 YPC Meeting May 31, 2016 Jeff Peters Supervising Planner City of Yakima 129 North 2nd Street Yakima, Washington 98901 Dear Mr. Peters Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Yakima - Proposed ordinance to establish zoning controls for 1-502 Marijuana uses. These materials were received on May 31, 2016 and processed with the material ID # 22463. Expedited Review is requested under RCW 36.70A.106(3)(b). If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment requesting expedited review, then we have forwarded a copy of this notice to other state agencies for expedited review and comment. If one or more state agencies indicate that they will be commenting, then Commerce may deny expedited review and the standard 60 -day review period will end on July 30, 2016. Commerce will notify you by e-mail regarding of approval or denial of your expedited review request. If approved for expedited review, then final adoption may occur no earlier than June 14, 2016. Please remember to submit the final adopted amendment to Commerce within ten (10) days of adoption. If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Dave Andersen (509) 434-4491. Sincerely, Review Team Growth Management Services Maxe , Lisa from: Elizabeth Hallock <ehallock.law@gmail.com> Sent: Thursday, June 02, 2016 10:39 AM To: Ask Planning Subject: City Golf course/502 Follow Up Flag: Follow up Flag Status: Completed LCB considers the city golf course a park. We tried to put an app there; it is considered a state restricted entity. Liz Sent from my Verizon Wireless 4G LTE smartphone Maxey, Lisa From: Lynnette Whitney <lynnette.erin47@gmail.com> .lent: Friday, June 03, 2016 9:06 AM To: Ask Planning Subject: Keep the Buffer! I have been working with a group of concerned parents and community members regarding the repeal of the ban on marijuana sales in the city of Yakima. We submitted 550 signatures to the city council asking them not to repeal the ban on marijuana sales. Since the ban was repealed, I am now asking you to listen to those voices and put in good restrictions on where marijuana will be sold in order to protect our community. I have children attending an elementary school in Yakima and we first became concerned when we read in the paper that there might be a retail shop just a few blocks from our school. That made us concerned, not just about our school, but about having the presence of marijuana sales near any of the schools or areas that children frequent in Yakima. I am asking that you maintain or increase the current state guidelines of a 1000 foot buffer around schools, playgrounds, recreation centers or facilities, child care centers, public parks, public transit centers, libraries and arcades. I am asking that you not decrease the buffer in any way. There are plenty of areas left in Yakima where these retail stores can be located without being near these areas. If you decrease the buffers, it may allow retail marijuana in the vicinity of Nob Hill Elementary, McClure Elementary, Whitney Elementary, Wilson Middle School and Eisenhower High School. Children walking to nd from school would pass it each day. I Please protect our kids and our neighborhoods. Thank you for taking the time to listen to the concerns of the residents of Yakima. Sincerely, Lynnette Whitney 01 ,_ -T. A Word ' 200 South Ted St ed, Yakima, Washington 98901 (509M5 -6W Fax (509M56160 June 3, 2016 TO: Planning Commission Members FROM: Sara Watkins, Senior Assistant City Attorney SUBJECT: Additional Details Regarding Marijuana Uses Dear Commission Members: A number of questions arose during the June 1, 2016 Planning Commission meeting regarding various matters concerning marijuana producers, processors and retailers. This memo addresses some of those issues, with citations to the current regulations, charts regarding other jurisdictions' actions, and other references. Can the City create buffers around churches? I found only one jurisdiction, Covington, which is considering a buffer zone of 1,000 feet around "churches, temples, synagogues, mosques or chapels." The code also allows reduction of that buffer with a conditional use permit. The planning commission report can be found here: hftp://www.covingtonwa.gov/05.05.16%20Planning%2OCommission%20A ends%20Pa cket.pdf In many jurisdictions, the notes from planning commission meetings where comments were taken indicate that commissions found that determining what constitutes a "church" or other place of worship is difficult. In Everett, churches requested to be added to the buffers in recent discussions about reducing buffer distances. The Planning Commission voted 4-2 to not add churches to the buffers. "Councilman Paul Roberts argued that from a land use perspective, it is difficult to regulate churches because the government would have to decide what counts as a church and what doesn't" while other councilmembers argued that "church" had an obvious meaning of a place where people congregate. Everett Council Passes Permanent Marijuana Business Regs, HeraldNet, July 5, 2015, htt ://www.heraldnet.com/article/20150709/NEWS01/150709210. Memorandum to Planning Commission June 8, 2016 Page 2 East Wenatchee also evaluated whether to have a church buffer of some sort, and after discussion, did not move forward to add that buffer zone to its ordinance. http://www.east- wenatchee.com/Home/ShowDocument?id=3062 In Tacoma, the Planning Commission evaluated comments which requested a buffer for churches. The Staff comments to this concern was: "Staff note that while this is feasible, it would significantly reduce the areas available for marijuana businesses, and add to the complexity of the review process. There are many categories and types of religious institutions, and staff are not aware of a definitive listing of them." ht�r s. a oftacoma.or / Nannin /,law°i uana%20N e Mations/Marijuana%2OPC%20N eview% 20Packet%20(12z1Z:1AJ1Af A pastor in Seattle has been calling for an amendment to the state law to add churches and youth centers to the buffer requirements since 2014, but the Legislature did not adopt any changes when it recently revised the law to allow reduction in buffer requirements. See generally, 70=14734. 2. Examples of Jurisdictions, buffers and buffer distances Below is a chart of a number of jurisdictions that have zoning ordinances in place and their buffers (i.e. are they the state buffers only, or have they added items) and buffer distances, for your review: Jurisdiction Buffers other than statutory Buffer Distance items Olympia None 500 feet (other than playgrounds and schools) Ellensburg Buffer between stores 750 feet generally (other the.. than playgrounds and schools) 500 feet between retailers Union Gap None 1000 feet Prosser None 1000 feet Walla Walla None 1000 feet East Wenatchee _..... None ....._..... ._......................................... 1000 feet w _ Moses Lake None 1000 feet Shelton ......�.......... Buffer between stores ..... 500 feet (other than playgrounds and schools) ___ 1000 feet between retailers George _. None 100 feet (other than ... playgrounds and schools) �..�................................ ........ Elect.....�. Electric City ..... one mm._... 100 feet et (other than Memorandum to Planning Commission June 8, 2016 Page 3 playgrounds and schools) Seattle Buffer between stores _..._... 1000 feet for playgrounds and schools Any lot line of property having a major marijuana activity that includes the retail sale of marijuana products, except that in Downtown Mixed Residential and Downtown Mixed Commercial zones within that portion of the Downtown Urban Center that is west of Interstate 5, north of Yesler Way, and south of Denny Way major marijuana activity that includes the retail sale of marijuana products must be 250 feet or more, must be 500 feet or more from any lot line of property on which any of the following uses as defined in WAC 314- 55-010 is established and operating: child care center; game arcade; library; public park; public transit center; or recreation center or facility; Any lot line of property having a major marijuana activity that does not include the retail sale of marijuana products must be 250 feet or more from any lot line of property on which any of the following uses as defined in WAC 314-55-010 is established and operating: child care centegame Memorandum to Planning Commission June 8, 2016 Page 4 arcade; library; public park; public transit center; or recreation center or facility; No more than two properties with major marijuana activity that includes the retail sale of marijuana products are allowed within 1000 feet of each other; where any lot lines of two properties with existing major marijuana activity that includes the retail sale of marijuana products are located within 1000 feet of each other, any lot line of another property with a new major marijuana activity that includes the retail sale of marijuana products must be 1000 feet or more from the closest lot line of the property containing existing major marijuana activity that includes the retail sale of marijuana products; Kirkland (at PlanningW May not be located on any 1000 feet ITITITITITITITITITITITITmmmITITmmmIT Commission Review Level) property abutting a street 100 feet for day cares designated as a School Walk Route Pullman (at Planning ............ None .................. w� Considering 500 feet for Commission Review Level) daycares; 100 feet for others (other than playgrounds and schools) Issaquah (at Planning Buffer between stores 1000 feet playgrounds/schools Commission Review Level) 500 feet rec centers, daycares, parks, libraries, arcades Memorandum to Planning Commission June 8, 2016 Page 5 Jurisdictions have also created buffers from residential zones in various distances. Some also have created regulations that do not allow marijuana uses on lots adjacent to properties used for residential purposes. As was discussed in the last commission meeting, there are areas where this would create difficulties. There is an opportunity to evaluate a different review of individual applicants (i.e. Type 1, 2 or 3), if an applicant wishes to locate adjacent to a residential property if the commission wishes. 3. Notice Requirements Notice requirements for retailers, producers and processors who are seeking a license were briefly discussed at the June 1st meeting. The Notice requirements for marijuana licenses are outlined in WAC 314-55-020, and only require notice to local governments, cities, counties and tribal governments. A sign must also be posted on the outside of the premises to be licensed notifying the public. There is no requirement to notify adjacent landowners or landowners within a certain area of the license application or ability to comment on the application. Under the new Legislation: "A city, town, or county may adopt an ordinance requiring individual notice by an applicant for a marijuana producer's, marijuana processor's, marijuana researcher's, or marijuana retailer's license under this chapter, sixty days prior to issuance of the license, to any elementary or secondary school, playground, recreation center or facility, child care center, church, public park, public transit center, library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older, that is within one thousand feet of the perimeter of the grounds of the establishment seeking licensure. The notice must provide the contact information for the liquor and cannabis board where any of the owners or operators of these entities may submit comments or concerns about the proposed business location. For the purposes of this subsection, "church" means a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith." 4. Restrictions on Hours 100 feet transit centers 1000 feet between retailers_ Tacoma(atPlanning.............._................., mmmCorrectional centers,mmcourt 1000 feet playgrounds/schoolsmmmmmm Commission Review Level) houses, drug rehab centers; 300 feet correctional centers, buffers between retailers in courthouses, drug rehab downtown and outside centers downtown 100 feet daycares, arcades, libraries, parks, transit 300 feet from each other downtown 500 feet from each other outside downtown Jurisdictions have also created buffers from residential zones in various distances. Some also have created regulations that do not allow marijuana uses on lots adjacent to properties used for residential purposes. As was discussed in the last commission meeting, there are areas where this would create difficulties. There is an opportunity to evaluate a different review of individual applicants (i.e. Type 1, 2 or 3), if an applicant wishes to locate adjacent to a residential property if the commission wishes. 3. Notice Requirements Notice requirements for retailers, producers and processors who are seeking a license were briefly discussed at the June 1st meeting. The Notice requirements for marijuana licenses are outlined in WAC 314-55-020, and only require notice to local governments, cities, counties and tribal governments. A sign must also be posted on the outside of the premises to be licensed notifying the public. There is no requirement to notify adjacent landowners or landowners within a certain area of the license application or ability to comment on the application. Under the new Legislation: "A city, town, or county may adopt an ordinance requiring individual notice by an applicant for a marijuana producer's, marijuana processor's, marijuana researcher's, or marijuana retailer's license under this chapter, sixty days prior to issuance of the license, to any elementary or secondary school, playground, recreation center or facility, child care center, church, public park, public transit center, library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older, that is within one thousand feet of the perimeter of the grounds of the establishment seeking licensure. The notice must provide the contact information for the liquor and cannabis board where any of the owners or operators of these entities may submit comments or concerns about the proposed business location. For the purposes of this subsection, "church" means a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith." 4. Restrictions on Hours Memorandum to Planning Commission June 8, 2016 Page 6 Pursuant to law, marijuana retailers may only conduct sales from the hours of 8:00 a.m. to 12:00 a.m. WAC 314-55-147. A couple of jurisdictions have further limited the sale of marijuana, the most restrictive of which limited the hours of sales to 8:00 a.m. to 9:00 p.m. 5. General Rules and Regulations The general rules and regulations outlined in WAC 314-55-015 apply to all license holders. Some of the general rules address questions and concerns that were raised at our previous meeting. 314-55-015 General information about marijuana licenses. (1) A person or entity must meet certain qualifications to receive a marijuana license, which are continuing qualifications in order to maintain the license. (2) All applicants and employees working in each licensed establishment must be at least twenty-one years of age. (3) Minors restricted signs must be posted at all marijuana licensed premises. (4) A marijuana license applicant may not exercise any of the privileges of a marijuana license until the board approves the license application. (5) The board will not approve any marijuana license for a location where law enforcement access, without notice or cause, is limited. This includes a personal residence. (6) The board will not approve any marijuana license for a location on federal lands. (7) The board will not approve any marijuana retailer license for a location within another business. More than one license could be located in the same building if each licensee has their own area separated by full walls with their own entrance. Product may not be commingled. (8) Every marijuana licensee must post and keep posted its license, or licenses, and any additional correspondence containing conditions and restrictions imposed by the board in a conspicuous place on the premises. (9) In approving a marijuana license, the board reserves the right to impose special conditions as to the involvement in the operations of the licensed business of any former licensees, their former employees, or any person who does not qualify for a marijuana license. (10) A marijuana processor or retailer licensed by the board shall conduct the processing, storage, and sale of marijuana -infused products using sanitary practices and ensure marijuana - infused edible processing facilities are constructed, kept, and maintained in a clean and sanitary condition in accordance with rules and as prescribed by the Washington state department of agriculture under chapters 15-185 and 16-167 WAC. Memorandum to Planning Commission June 8, 2016 Page 7 (11) Marijuana licensees may not allow the consumption of marijuana or marijuana -infused products on the licensed premises. Further, I thought it would be helpful to provide the general provisions associated with producers and processors: 314-55-075 What is a marijuana producer license and what are the requirements and fees related to a marijuana producer license? (1) A marijuana producer license allows the licensee to produce, harvest, trim, dry, cure, and package marijuana into lots for sale at wholesale to marijuana processor licensees and to other marijuana producer licensees. A marijuana producer can also produce and sell marijuana plants, seed, and plant tissue culture to other marijuana producer licensees. Marijuana production must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors. Outdoor production may take place in nonrigid greenhouses, other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. To obscure public view of the premises, outdoor production must be enclosed by a sight obscure wall or fence at least eight feet high. Outdoor producers must meet security requirements described in WAC 334-55-033. There are three categories as follows: (a) Tier 1 — Less than two thousand square feet; (b) Tier 2 — Two thousand square feet to ten thousand square feet; and (c) Tier 3 — Ten thousand square feet to thirty thousand square feet. 314-55-077 What is a marijuana processor license and what are the requirements and fees related to a marijuana processor license? (1) A marijuana processor license allows the licensee to process, dry, cure, package, and label usable marijuana, marijuana concentrates, and marijuana -infused products for sale at wholesale to marijuana processors and marijuana retailers. The regulations outline some site screening requirements for producers, as well as security requirements and enclosed outdoor productions. Those could be expanded if the commission feels that is appropriate. That could be done on a case-by-case basis through Type 2 review of processors and producers in the M-1 and M-2 districts, or site screening could be required as specified by ordinance. It may be easier, and more effective, to address site screening through Memorandum to Planning Commission June 8, 2016 Page 8 the mitigation methods of a Type 2 review. This would tailor the screening to the location, rather than setting strict rules on site screening for all locations of producers and processors. 6. Marijuana Researchers. New regulations also added a license called "marijuana researchers." These businesses will be "licensed by the state liquor and cannabis board to produce, process, and possess marijuana for the purposes of conducting research on marijuana and marijuana -derived drug products." RCW 69.50.101. The distance buffers are similar to those for producers, processors and retailers. However, a local jurisdiction can choose to lower the buffer distance to 100 feet for elementary and secondary schools and playgrounds. If that is done, the research facilities must meet heightened security standards, ensure that the facility is inaccessible to the public, ensure that the facility is not in view of the general public, and the facility cannot have any signs or advertising as to the fact that it is a marijuana research facility. In the draft ordinance provided for your review at the June 81h meeting, I have added "Marijuana Researchers" to the ordinance with the same buffer requirements as producers and processors. Marijuana researchers are brand new, and there isn't much information on them from other jurisdictions. The category also does not neatly fit under one of the City's headings, so I placed it in manufacturing, since the research facility has the ability to produce and process the plant for research purposes. 7. Comparisons with alcohol rules. A. State Regulations: Hours. Alcohol sales may be conducted from 6:00 a.m. to 2:00 a.m. Marijuana sales may be conducted from 8:00 a.m. to 12:00 a.m. B. State Regulations: Notification Both alcohol and marijuana both only require notification to the local city, county, or tribal government of the application for a license. C. State Regulations: Signs Signs are heavily regulated in the marijuana regulations. Only two signs are allowed not to exceed 1600 square inches each. ORDINANCE NO. 2016 - AN ORDINANCE relating to land use and zoning, allowing recreational marijuana producers and processors as a permitted use in the Light Industrial (M-1) and Heavy Industrial (M-2) zones; allowing recreational marijuana retailers in the Local Business District (B-2), Large Convenience Center (LCC), Central Business District (CBD), General Commercial (GC), and Region,!,, Development District (RD); prohibiting recreational marijuar 'producers, processors and retailers in all other zones; adopting -t ,state statutory buffer zones for recreational marijuana uses grid neighborhood cooperatives; and adopting other restrictions o the loc tf ,n� of these recreational marijuana uses, and repealJd� g;, M Sect i+ �M01.035. WHEREAS, in November of 2012, the Washington voters Washington State Liquor Control Board (now 'Liquor, and C, referred to as "LCB") to regulate recreational marijuana by I marijuana producers, processors and retailers; and WHEREAS, the LCB has adopted ince 1-502's elle tf regulatory scheme to address the mdthod .p producing, recreational marijuana, security requiremeis jdr retail cutlets, i operation, labeling requirements and methods of trap :0,of pr( license fees, penalties and other necessary regulations orr f passed 1-502, Mich directed the wpnabis Board --thtollectively 6nsinq and taxi recreational fate, numerouls rules and a `using and packaging of l d'tlet locations and hours of throughout the state, taxing, na related businesses; and WHEREAS,on January 171-2012, the City Council of the City of Yakima enacted Ordinance No. 2012-003, which `' ri0vided that% o use that is illegal under local, state or federal law shall be allowed in any zone of the ;ity, an applying such halation to medical marijuana dispensaries and collective gardens; WHE,REAS;'on ' tot er 8, 2 '13, the City Council of the City of Yakima enacted Ordinance No. 2013648, which opt d and imposed a moratorium on the production, processing and retail sales ,6f t Tijuana within th pity of Y i a; and WHEREAS, on January 2,�, 2014, the City Council of the City of Yakima enacted Ordinance No. 2014-001 `which prohib i,d the production, processing and/or retail outlets and sales of marijuana in all i6nr of theity, and terminated the moratorium imposed on October 8, 2013; and WHEREAS, in 2015, the Washington State Legislature combined the medical marijuana and recreational marijuana systems into one recreational marijuana system, added neighborhood cooperatives, and banned collective gardens in 2E2SHB 2136; and, WHEREAS, on May 17, 2016, the City Council of the City of Yakima voted in favor of repealing the ban on recreational marijuana producing, processing and distributing in Yakima and sent the zoning issues to the Planning Commission for review through the Planning Commission procedures and to provide a recommendation to Council; and WHEREAS, the Planning Commission has held and conducted an open record public hearing on June 16, 2016, with special meetings on June 1, 2016, June 8, 2016 and June 16, 2016, all pursuant to required notice and applicable procedures of the City of Yakima, and has adopted findings of fact and conclusions of law in support of its recommendation for adoption of zoning provisions outlined herein, which Findings of Fact and Conclusions of Law are of record and incorporated herein by reference; and WHEREAS, the City Council has held and conducted a public hearing on July 5, 2016, and considered th recommendation of the Planning Commission, the record herein, and all evidence and testimony presented; and, WHEREAS, the City Council finds and determines that approval of such amendments is in the best interests of the residents of the City of Yakima and will, prom'bt,the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Repealer, Ord. No REPEALED,. Section 2. Repealer, Section 15 iTWRI .� Illegal Uses No. 2014-001',,, are hereby , is hereby REPEALED. Section 3. Section 15.04.030—Table"of Per ittdd „e ,loses—ofthe Yakima Urban Area Zoning Ordinance is hereby,, amended to adt,�; s separate entities "marijuana production", "marijuana processing"' aid �`marivana research" as a Class 2 permitted use in the Light Industrial (M-1) and q Maas 2 permi ted use in th �'Heavy Industrial (M-2), and to add the following new note ** See YMC 15.09 fot 'enetal,, euelopMent requirements for marijuana uses. The,7i66rlj6ih productr6r7,,c use shall be , laced alphabetically in the use chart immediately below the, "°Agriculturd Ccyrr me... listing. The "marijuana processing" use shall be placed directly ow the "Man ring'" l t�hg; `The "marijuana research" use shall be placed directly below the "Manufacturing"ll ting. Se�� Section6'.04-030—Table of Permitted Land Uses—of the Yakima Urban Area Zoning Ordinance is hel by amended to add "marijuana retail' as a Class 1 permitted use in the following laud t o distrf is: Local Business District (B-2) Large Convenience Center (LCC), General Commercial"(�� end Regional Development District (RD); and a Class 2 permitted use in the Central Business',District (CBD); and to reference note **. The "marijuana retail" use shall be placed alphabetically in the use chart immediately below the "Retail, Trade and Service" listing. Section S. Section 15.09.220 shall be added to the Yakima Municipal Code to read as follows: 15.09.220 Marijuana Uses A. Purpose. The purpose of this section is to regulate marijuana producers, processors, and retailers regulated under Chapters 69.50 and 69.51A RCW by identifying appropriate land 2 use districts and establishing development and performance standards. Further, the purpose of this section is to regulate neighborhood cooperatives as allowed by 2E2SHB 2136, as now written or hereafter codified. Marijuana producers, processors and retailers, as well as neighborhood cooperatives shall only be permitted when licensed by the Washington State Liquor and Cannabis Board. The production, sale, and possession of marijuana remains illegal under the federal Controlled Substances Act. Nothing herein or as provided elsewhere shall be construed as authority to violate or circumvent federal law. B. Definitions. The following definitions are specific to marijuana uses and shall have the following meanings: 1. "Child care center" means an entity that regularly provides child day care and early learning services for a group of children for periods of less than twenty-four hours licensed by the Washington state department of early learning under chapter 170-295 WAC. 2. "Director" means the Director p" >'the City ,Yakima Community Development Director or his or her designee, 3. "Elementary School' means a school for early education that provides the first four to eight years of basic education and recognized by the Washington state superintendent of public instruction. 4. "Game Arcade" means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under twenty-one years of age are not restricted. 5. "Library" means an organized collection of resources made accessible to the public for reference or borrowing supported with money, derived from taxation. 6. "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. 7. "Marijuana processor" means a person licensed by the state liquor and cannabis board to process marijuana into marijuana concentrates, useable marijuana, and marijuana -infused products, package and label marijuana concentrates, useable marijuana, and marijuana -infused products for sale in retail outlets, and sell marijuana concentrates, useable marijuana, and marijuana -infused products at wholesale to marijuana retailers. 8. "Marijuana producer" means a person licensed by the state liquor and cannabis board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. 9. "Marijuana retailer" means a person licensed by the state liquor and cannabis board to sell marijuana concentrates, useable marijuana, and marijuana -infused products in a retail outlet. 10. "Marijuana researcher" means a person licensed by the state liquor and cannabis board to produce, process, and possess marijuana for the purposes of conducting research on marijuana and marijuana -derived drug products. 11. "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. 12. "Playground" means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, or federal government. Playgrounds also mean those portions of trail systems which contain playground equipment, such as those playground equipment areas on the Yakima Greenway. 13. "Public Park" means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government„ or metropolitan park district. Public park does not include trails. 14. "Public Transit Center" means a facility located outside of the public right of way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers. 15. "Recreation center or facility" means a supervised center that provides a broad range of activities and events intended primarily for use by persons under twenty-one years of age, owned and/or managed by a charitable nonprofit organization, city, county, state, or federal government. 16. "Retail outlet" means a location licensed by the state liquor and cannabis board for the retail sale of marijuana concentrates, useable marijuana, and marijuana -infused products. 17. "Secondary School" means a high and/or middle school: A school for students who have completed their primary education, usually attended by children in grades seven to twelve and recognized by the Washington state superintendent of public instruction. C. Marijuana producers, processors, researchers and retailers must comply with all requirements of Chapter 69.50 and 69.51A RCW, chapter 314-55 WAC, now or as hereafter amended, and all applicable City of Yakima ordinances, standards, and codes, including the requirement to obtain a City of Yakima business license. D. Limitations on Locations: Producers, Processors, Researchers and Retailers. The following limitations shall apply to all marijuana producers, processors, researchers and retailers, in addition to the limitations outlined in YMC 15.04.030, unless stated otherwise: 1. A marijuana producer, retailer, researcher or processor shall not be located within 1,000 feet of the perimeter of the grounds of the following uses, or any use included in Chapter 314-55 now or as hereafter amended: a. Elementary or secondary school; b. Playgrounds; C. Recreation center or facility; M d. Child care centers; e. Public parks; Public transit centers; g. Libraries; and h. Any game arcade, as defined herein.. 2. No marijuana producer, processor, researcher or retailer shall be allowed to locate within any residential zone of the City of Yakima. 3. All separation requirements shall be measured as the shortest straightline distance from the property line of the proposed building/business location of a marijuana producer, marijuana processor, marijuana researcher or marijuana retailer to the property line of the entities listed in subsection (D)(1) above. E. Structure Requirements. 1. All marijuana processors, marijuana producers, marijuana researchers and marijuana retailers shall operate in a permanent structure designed to comply with the City Building Code. 2. No marijuana retailer shall not operate out ofJa mobile structure, nor shall there be any exterior or drive-thru sales-, 3. 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 retail business shall be located on a single parcel. F. Neighborhood Cooperatives. Qualifying patients or designate dproviders may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of the members of the cooperative, pursuant to Part X: Medical Use of Marijuana of 2E2SHB 2136, and as codified in 69.51A.250 RCW. Neighborhood cooperatives shall follow all statutes, regulations and rules instituted by the legislature or Washington State Liquor and Cannabis Board, as well as the provisions outlined herein. Neighborhood cooperatives shall register their locations with the City prior to the start of the cooperative activity, and shall notify the City upon dissolution or termination of the cooperative activities to be removed from the registry. The registry shall not contain names of cooperative members, only the location of the cooperative. G. Limitations on Locations—Neighborhood Cooperatives. The following limitations shall apply to all neighborhood cooperatives: 1. A neighborhood cooperative shall not be located within 1,000 feet of the perimeter of the grounds of the following uses, or any use included in Chapter 314-55 now or as hereafter amended: a. Elementary or secondary school; b. Playgrounds; C, Recreation center or facility; d. Child care centers; e. Public parks; 5 Public transit centers; g. Libraries; and h. Any game arcade, as defined herein. 2. No cooperative may be located within one mile of a marijuana retailer. 3. All neighborhood cooperatives shall be located within the domicile of one of the participants in the cooperative. H. Odor. 1. All odor shall be contained in marijuana retailers so that it cannot be detected by a person with a normal sense of smell from any abutting use or property. In the event odor is escaping the building and can be detected from abutting uses or properties, then the marijuana retailer shall be required to implement measures, including but not limited to, the installation of the ventilation equipment necessary to contain the odor. 2. All odor shall be contained in neighborhood cooperatives so that it cannot be detected by a person with a normal sense of smell from any abutting use or property. In the event odor is escaping the building and can be detected from abutting uses or properties, then the marijuana retailer shall be required to implement measures, including but not limited to, the installation of the ventilation equipment necessary to contain the odor. 3. Marijuana production, processing and researching facilities shall be ventilated so that odor from the marijuana and/or marijuana activities occurring in the facility cannot be detected by a person with a normal sense of smell from any adjoining use or property. In the event odor can be detected from any adjoining use or property, then the facility shall be required to implement measures, including but not limited to, the installation of the ventilation equipment necessary to contain the odor. If the ventilation equipment is not installed, or the odor persists, the City may choose to suspend the facility's business license until the odor issues are addressed in a manner acceptable to the City. Section 4. S , everability,. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional, unlawful or invalid by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. S +ctlon 5. Effdbfive Date ; 'hi oridinance shall be in full force and effect 30 days after its passage, approval, and �'O icatior ' s provided by law and by the City Charter. D BY THE CITY COUNCIL signed and approved this day of July, 2016. Avina Gutierrez, Mayor ATTEST City Clerk Publication Date: C1 Effective Date: License Eligible Sites 1000ft Buffer Zoning Category B.5 R-- R -2 Local Bu* HE Hlsiorlcal ai SCC Small Con �MI01 LCC large Con CBD Cenaal 8, GC General Ca MSI light Indus M-2 Heevy I— RD Regional or AS Airport Supp IN This map identifies existing parcels within the City of Yakima that are affected by the restrictions of the State of Washington's rules related to Licenses for Marijuana retail, manufacturing and processing operations as specified in RCW 69.50.331. In addition, this map also excluded (but did not buffer by 1000 feet) properties that were zoned residential or owned by the City of Yakima, or other government agencies. The map also identified existing parcels that qualified. In the cases where the 1000 foot buffer was applied, if a portion of the parcel was impacted by the buffer, the entire parcel was included. Approximately 878 parcels were identified that met the criteria of the State Law Sources: Esr, HERE Delorma Tv.T t rnap it S1 P Com. GERU Japan METI Ean China (Hong Kong) --p, Map yl d'a, O OpArStrae.IM RCW 69.60.331 Application for license. 8(a) Except as provided in (b) through (d) of this subsection, the state liquor and cannabis board may not issue a license for any premises within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older. I. X111"(Hi &FIC -I 'i. FAC,), Np S, N RCAN ( ortasc It" Kradaster NL, Ordnance Survey, Esr rlbulursr 0 ; t the CIS Use' G') nnt. i N, Marijuana Restricted Areas - Option i Zoning Detail Restricted Areas 1 000f Buffer Yakima City Limits Yakima Council Districts License Eligible Sites 500ft Buffer Zoning Category a i Profias IB H—r Ha H' b ai B $CCB IIC Iil!)�1'rl rcc -e. c C ., csocemrale otct GCG-40--r-1 M.1 LBM ifd-2 f ). J IIqq r HeavYinduatrurri ai / �u~�'iy, �� f' 4 RD R 8 Deebpment ASAirport Support rI � i r t ( 1 DRAFT 1a (i� � � .. ..;. ,� ,��� �����������;, �WIW�� , :, ;.rbc•: tdJl..L. ,��..–I V1t U.afu v[uun .. I C lufcrtt S.-0, HERE DeWrrr T—T 1 t rp p PC . GEQCO USGS, AU, NPS, NRCM G 8 N KUdaster NE Ordnance Surve Esd u>wids bar»x�v, sasmu. J pan METI Ear Ch'na(Hong Kong) wlssiop<, M.it yltdle 00perSVer1MapcenirbutUrs, and the GIS User Commonly This map presents a modification to Option 1 Map by reducing the buffer to 500' around child care RCW 69.50.331 Application for license. Marijuana Restricted Areas - Option 2 centers, arcades, transit center, libraries and recreation centers. The map maintains the required 1000' ZOriirig Detail around schools and parks/playgrounds. These modifications are allowed by changes to the State of 8(a) Except as provided in (b) through (d) of this subsection, the state liquor and Washington's rules related to Licenses for Marijuana retail, manufacturing and processing operations as cannabis board may not issue a license for any premises within one thousand feet of Restricted Areas 5008 Buffer specified in RGW 69.50.331. In addition, this map also excluded (but did not buffer by 1000 feet) the perimeter of the grounds of any elementary or secondary school, playground, _ properties that were Zoned residential or owned by the City of Yakima, or other government agencies. In recreation center or facility, child care center, public park, public transit center, or i Yakima City Limits the cases where the buffer occurs, if a portion of the parcel was impacted by the buffer, the entire parcel library, or any game arcade admission to which is not restricted to persons aged was included. Approximately 1402 parcels were identified that met the criteria of the State Law. twenty-one years or older. ED Yakima Council Districts License Eligible Sites 100ft Buffer-Zoning Zoning category t r B 1 Profess IB ffM B 2 Local 6u 1j�/�r� r�/� He SOD Smell conw 'e Camar OIOIOOIIWUf LCC9e C Center Co. ��%4 II .li, v / �� f '�0 ��I,l1kt j •....1' " �Illlllllllllllf coo c t I am­ o t.� MCG IC MiLgMld t'I M1 Heavyindustral ROR g Inevelopmant 1/ A3Alrport 3uPPort � i � / , I IS�1 f"✓ r d i 7:�� tf O L L U W if ���� �, 1 �����1�i����IP� � � , I�...._... �_r .,_.,r irMaly :111tanum .. .. 41 Id uul ILI DRAFT ®'^"^ SourcesEs, HERE DeLorme. Tol-rol. Itellah', t t PCT GE@CO USG& FAO. NPS. NRGAN C B Il Nyl<atl—, NL, Gninance Survey, Esri 'y aMn; 616eW`II Japan METI EM Chna Mong Kong) s .r.po Maj nylnde 00pr rt AM,ip cpnirpu[ora; and the GIS lJscr C.­,,1y , This map presents a modification to Option 1 Map by reducing the buffer to 100' around child care RCW 69.50.331 Application for license. Marijuana Restricted Areas - Option 3 centers, arcades, transit center, libraries and recreation centers. The map maintains the required 1000' Zoning Detail around schools and parkstplaygrounds. These modifications are allowed by changes to the State of 8(a) Except as provided in (b) through (d) of this subsection, the state liquor and Washington's rules related to Licenses for Marijuana retail, manufacturing and processing operations as cannabis board may not issue a license for any premises within one thousand feet of Restricted Areas 1008 Buffer specified in RCW 69.50.331. In addition, this map also excluded (but did not buffer by 1000 feet) the perimeter of the grounds of any elementary or secondary school, playground, _ properties that were zoned residential or owned by the City of Yakima, or other government agencies. In recreation center or facility, child care center, public park, public transit center, or i Yakima City Limits the cases where a buffer occurs, if a portion of the parcel was impacted b the buffer, the entire parcel library, or an p p p y p ry, y game arcade admission to which is not restricted to persons aged was included. Approximately 1776 parcels were identified that met the criteria of the State Law, twenty-one years or older. E-1Yakima Council Districts