Loading...
HomeMy WebLinkAbout09/06/2016 12 Marijuana Ordinance 2016-008; Proposed Revisions xs .1 � ,may s. n. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 12. For Meeting of: September 6, 2016 ITEM TITLE: Discussion regarding proposed revisions to Ordinance No. 2016- 008 (marijuana) SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney SUMMARY EXPLANATION: At the August 16, 2016 City Council meeting, Council requested that staff provide information regarding the marijuana ordinance and the options regarding zoning districts and day care facilities. The attached memo from Legal provides an analysis of both of those issues, as well as provides possible language for the Council to evaluate. If the Council wishes to move forward with any changes, staff will provide a proposed ordinance for the next Council meeting. ITEM BUDGETED: STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: if City Manager STAFF RECOMMENDATION: Review the memorandum and provide further instructions as to whether any ordinance changes are desired. BOARD /COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Memo re: Marijuana Ord Revisions 812612016 Omer Memo CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street, Yakima, Washington 918901 (509)575-6030 Fax (509)575-6160 MEMORANDUM August 19, 2016 TO: Honorable Mayor and City Council Cliff Moore, City Manager Jeff Cutter, City Attorney FROM: Sara Watkins, Senior Assistant City Attorney SUBJECT: Marijuana Ordinance: Proposed Amendments Honorable Mayor and Council Members: At your August 16, 2016 City Council meeting, you voted to bring back ordinance 2016- 008, which provides the zoning and buffer requirements for marijuana businesses. Councilmember Cousens contacted me about two issues that she would like discussed, and I will outline and provide sample language for both of them in this memo. 1. The Ordinance as passed It should be noted that the ordinance as passed is fully compliant with the minimum requirements of state law regarding marijuana businesses. Cities have the right and authority to determine which zones are appropriate for certain types of businesses, including marijuana businesses. The ordinance allows for marijuana retailers in the LCC (Large Convenience Center), B -2 (Local Business), GC (General Commercial), RD (Regional Development) and CBD (Central Business District). In making its recommendation, the Planning Commission evaluated each zoning district that allowed commercial activity, including those that were not listed in the ultimate recommendation from the Commission. Senior Planner Jeff Peters read verbatim the intent and purpose statements found in YMC 15.03.020 and the Commissioners then held a discussion for each district as to whether they believed that marijuana retailer business activity fit within the purpose statement in the ordinances. Memorandum to Honorable Mayor and Members of the City Council August 26, 2016 Page 2 After discussion on the zoning districts, and public comment, the Planning Commission recommended the ordinance as passed, leaving out the SCC (Small Convenience Center) and B -1 (Professional Business District) from the allowed zones for marijuana retailers based on their determination that marijuana retail establishments did not fit in the zones as described in the municipal code. The City Council, after additional public comment, passed the ordinance as recommended. The Planning Commission also adopted the state definition for "child care centers" which includes only those child care centers and daycares that are licensed under WAC 170 - 295 -0010. As such there is currently a 1,000 foot buffer between all child care centers licensed under WAC 170 - 295 -0010 and marijuana businesses. The definitions were also passed as recommended by the Planning Commission. 2. Possible amendment to the definition of "child care center" The WAC defines the different types of child care programs as follows: "Child care center" means the same as a "child day care center" or a facility providing regularly scheduled care for a group of children one month of age through twelve years of age for periods less than twenty -four hours. WAC 170- 295 -0010. "Family home child care" means a facility licensed by the department where child care is provided for twelve or fewer children in the family living quarters where the licensee resides as provided in RCW .3.215.010 (1)(c). WAC 170 - 296A -0010. School Age Programs are those that have the following definitions: "Child" means a child not less than five years of age through twelve years of age who is attending kindergarten or school. "Child care" means the developmentally appropriate care, protection, and supervision of children that is designed to promote positive growth and educational experiences for children outside the child's home for periods of less than twenty -four hours a day. WAC 170 - 297 -0010. Therefore, persons who run various types of child care businesses have an option as to what license to obtain. There are also many exemptions to licensing, and, therefore, there may be some day care situations that, although they provide child care services, are not licensed in any manner by the Department of Early Learning. Memorandum to Honorable Mayor and Members of the City Council August 26, 2016 Page 3 The definition of "Child Care Center" for purposes of marijuana zoning and buffer areas adopted by the City Council is as follows: "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." This is the same definition as is found in the state marijuana statutes. Under the Washington Administrative Code (WAC) the Department of Early Learning licenses "child care centers" under WAC 170 -295. However, it licenses "family child care homes" under a different section, WAC 170 -296A, and "school age programs" under a different section from that, WAC 170 -297. The City Council is being asked to evaluate whether to change the definition of "child care centers" for purposes of the City's local ordinance to include "family child care homes" that are licensed under WAC 170 -296A. There are a number of family child care homes located within the City operating as in home daycares that currently are not subject to the buffer requirements found in the City's ordinance. If the City Council decides that it also wants a 1,000 foot buffer around family child care homes as licensed under WAC 170 -296A, the Council could direct that the definition of child care centers, found in YMC 15.09.220(B)(1), be changed as follows (with possible changes in red): 1. "Child care center" means an entity or person that regularly provides child day care and early learning services for a- grew -of children for periodc of Icc& than twcnty four hours and is licensed by the Washington State Department of Early Learning under Chapter 170 -295 WAC or Chapter 170 -296A WAC. The possible changes reflected above makes the definition clear that any child care or day care provider that provides services regularly and is licensed by the state as either a "child care center" or "family child care home" is considered a child care center for purposes of the Yakima marijuana ordinance and there must be a 1,000 foot buffer between it and a marijuana business. It should be noted that this definition does not include every child care business operating in Yakima. Some child care businesses and activities are exempt from the state licensing requirements. Child care businesses that are exempt and do not obtain a license under either of the WAC sections listed would not be buffered from marijuana businesses under the language offered above. Memorandum to Honorable Mayor and Members of the City Council August 26, 2016 Page 4 3. Possible amendment to zoning districts where marijuana retailers are permitted The Planning Commission evaluated each of the zoning districts that allowed commercial activity, and concluded that marijuana retail use was appropriate in the following districts: LCC —Large Convenience Center B -2 —Local Business CBD— Central Business District GC— General Commercial RD— Regional Development The commission determined that marijuana retail use was not appropriate in the following districts: SCC —Small Convenience Center B- 1— Professional Business District The purpose and intent of the SCC is listed in YMC 15.03.020 as follows: H. Small Convenience Center District (SCC). The purpose and intent of the small convenience center district is to: 1. Provide areas for commercial activities outside the downtown commercial district that meet community retail shopping and service needs; and 2. Accommodate small commercial centers, generally two to five acres in size, where most of the commercial uses have located in a coordinated manner around a common parking lot and one major commercial approach driveway. Small convenience centers serve the day -to -day convenience shopping and service needs of the surrounding neighborhood and should be designed to minimize undesirable impacts of the center on the neighborhood it serves. Uses in this district should be retail or personal service establishments dealing directly with the consumer, the primary occupants usually being such uses as a supermarket, fast food restaurants and drug store. The purpose and intent of the B -1 district is listed in YMC 15.03.020 as follows: E. Professional Business District (B -1). The professional business district is intended to: 1. Establish and preserve areas for professional offices; 2. Provide a buffer between commercial clusters and residential neighborhoods; and Memorandum to Honorable Mayor and Members of the City Council August 26, 2016 Page 5 3. Locate professional offices in areas presently receiving a full range of urban services. Professional offices and, in some areas, a mix of professional offices and multifamily dwellings are the primary uses in the district. Generally, the professional business district contains smaller lot or parcel sizes. Residential densities are generally greater than twelve dwelling units per net residential acre. Building coverage may be as high as eighty percent of the site. Sitescreening requirements have been established to soften the visual impact of large buildings and parking lots and to minimize potential nuisances from light, noise and glare. Development standards are intended to accommodate a mixture of high- density residential development and office uses. If the City Council decides it wants to allow retail marijuana use in the SCC, for example, the Council could direct that the ordinance be changed to reflect that retail marijuana uses are allowed in the SCC zone by indicating as such on the Permitted Land Uses chart found at YMC 15.04.030. It should also be noted that currently marijuana retail use is considered a "Class 1" use in the LCC, B -2, CBD, GC, and RD zones. A Class 1 use requires that an applicant provide application materials, a site plan, and, in cases of marijuana retailers, proof of license from the Washington State Liquor and Cannabis Board, and any other requirements found in YMC 15.13.050. Approval of Class 1 uses occurs if: A. The proposed use is a Class (1) permitted use under YMC Chapter 15.04; B. That the proposed development complies with the standards and provisions of this title; C. That the proposed development complies with other building codes in effect and administered by the administrative official; D. That proposed development complies with traffic engineering standards and policies established by the appropriate jurisdiction to protect the function and satisfactory level of service of arterial and collector streets; and E. That any new improvements or expansions of a structure comply with the standards of this title. YMC 15.13.050. There are situations where a particular use may be acceptable within a particular zone, but only with a more extensive review by staff. In those situations, the use may be Memorandum to Honorable Mayor and Members of the City Council August 26, 2016 Page 6 classified as a Class 2 use, requiring heightened Type (2) review due to the type of business or activity on the property. Class 2 uses are defined as follows: Class (2) uses are generally permitted in the district. However, the compatibility between a Class (2) use and the surrounding environment cannot be determined in advance, and occasionally a Class (2) use may be incompatible at a particular location. Therefore, a Type (2) review by the administrative official is required in order to promote compatibility with the intent and character of the district and the policies and development criteria of the Yakima urban area comprehensive plan. The procedures in YMC Chapter 15.14 shall be used to review and evaluate Class (2) uses. In certain circumstances, the administrative official may require that a Class (2) use undergo a Type (3) review, as provided within this title. Class 2 uses require Type 2 review, as outlined further in YMC 15.14: A. Preliminary Decision. Within seven days of receipt of the completed application, the administrative official shall review the proposal and tentatively determine whether the proposed development should be approved, approved with conditions or denied. The administrative official may request any additional information necessary to clarify the application or determine compliance with the provisions of this title. If additional information is required by the administrative official, the preliminary decision on the application shall be made within seven days of receipt of the additional information. B. Notification of Adjacent Property Owners. When the administrative official's preliminary decision is to approve the application, or approve with conditions, the administrative official shall, within five days, forward a notice of application to all landowners within three hundred feet of the exterior boundaries of the development site. The notice of application will follow the notice requirements of Yakima Municipal Code Chapter 16.05 and may be either a postcard format or letter size paper. The administrative official may also, but is not required to, solicit comments from any other person or public agency the administrative official feels may be affected by the proposal. Memorandum to Honorable Mayor and Members of the City Council August 26, 2016 Page 7 C. Administrator's Decision. After considering any comments received from other agencies, jurisdictions, or adjoining property owners, the administrative official shall take one or more of the following actions: 1. Approve the site plan and issue a certificate of zoning review; 2. Establish conditions for approval, or require other changes in the proposed site plan; 3. Authorize adjustment in the basic design standards in accordance with the provisions of YMC Chapter 15.10; 4. Request additional or more detailed information, including but not limited to a written development plan or master plan or other similar documents for development; 5. Refer the site plan to the hearing examiner for review, public hearing and decision; or 6. Disapprove the site plan. A request by the administrative official for additional or more detailed information shall be made within seven days from the end of the comment period. D. Conditional Approval. The administrative official may attach conditions to his approval in order to assure the development is consistent with the intent of this title, the zoning district, the development standards, and the other provisions of this title. E. Findings and Conclusions. The administrative official shall prepare written findings and conclusions stating the specific reasons, and citing the specific chapters and sections of this title, upon which the administrative official's decision to approve, approve with conditions, or deny the issuance of a certificate of zoning review is based. The findings shall demonstrate that the administrative official's decision complies with the policies of the Yakima urban area comprehensive plan, the intent of the zoning district, and the provisions and standards established herein. YMC 15.14.040. As you can see, under a Type 2 review there is a more thorough review of the application, site, and activity occurring at the location. In both cases, staff makes the final decision, unless in a Type 2 review staff refers the site plan and application to the hearing examiner. Memorandum to Honorable Mayor and Members of the City Council August 26, 2016 Page 8 The Council, therefore, has a number of options if it chooses to amend the marijuana ordinance to include additional zoning districts, such as the SCC. It could simply add the SCC zone as an approved zone in which marijuana retailers may locate by amending Table 4 -1. This would make the SCC zone one in which marijuana retailers could operate under a Class 1 use with a Type 1 review —the same as the other zones that were already approved by Council in the original ordinance. Language to do so may look like the following (with possible changes in red): Section 15.04- 030 —Table of Permitted Land Uses —of the Yakima Urban Area Zoning Ordinance is hereby amended to add "marijuana retail" as a Class 1 permitted use in the following land use districts: Local Business District (B -2) Large Convenience Center (LCC), General Commercial (GC), Central Business District (CBD); Small Convenience Center (SCC); and Regional Development District (RD); and to reference note * *. The "marijuana retail" use shall be placed alphabetically in the use chart immediately below the "Retail, Trade and Service" listing. As a second option, the Council could approve adding the SCC zone as one wherein marijuana retailers could operate, but determine it is a Class 2 use requiring a Type 2 review due to neighborhood nature of this particular zoning district. Language to do so may look like the following (with possible changes in red): Section 15.04- 030 —Table of Permitted Land Uses —of the Yakima Urban Area Zoning Ordinance is hereby amended to add "marijuana retail" as a Class 1 permitted use in the following land use districts: Local Business District (B -2) Large Convenience Center (LCC), General Commercial (GC), Central Business District (CBD) and Regional Development District (RD); and amended to add "marijuana retail" as a Class 2 permitted use requiring Type 2 review in the following land use districts: Small Convenience Center (SCC); awe all of which shall reference note * *. The "marijuana retail" use shall be placed alphabetically in the use chart immediately below the "Retail, Trade and Service" listing. Third, the Council could choose to not add any other zoning districts to those already approved by the ordinance as passed, and only allow marijuana retailers in the LCC, B- 2, CBD, GC and RD zones. Memorandum to Honorable Mayor and Members of the City Council August 26, 2016 Page 9 4. Procedure for amendment If the Council chooses to make either or both amendments to the marijuana regulations, additional public comment will be necessary pursuant to YMC 15.03.020 and RCW 36.70A.035. As such, after a preliminary decision is made as to what sections need amended language, and guidance to staff as to the extent of that language, the Council should set a public hearing on the amendments pursuant to YMC 15.09.220. After the public hearing is held, and any additional discussion is had, the Council can vote on any proposed amendments to the ordinance. Part of the discussion must be factual findings that support the changes in the ordinance. Those factual findings must outline the reasons for the change, looking at the zoning code language and the situation. The factual findings, conclusions based on those findings, and the amended language all must be part of the new ordinance. If the initial discussion is had on September 6 at the meeting, and the discussion concludes with a motion to move forward on amending the code, the Council must set a public hearing, likely for the next meeting, September 20 On September 20 the Council would hear public comment and then would determine what, if any, amendments are appropriate, and the findings of fact supporting the amendment. Staff would be directed to draft the findings, conclusions and ordinance changes. The final ordinance with the findings and conclusions would be presented at the October 4 City Council meeting for a final vote. Amendments would become effective 30 days after the date of publication.