HomeMy WebLinkAbout06-16-16 YPC MinutesCity of Yakima Planning Commission (YPC) City Hall Council Chambers
Meeting Minutes of June 16, 2016
Call to Order
Vice -Chair Patricia Byers called the meeting to order at 5:30 p.m.
Roll Call
YPC Members Present: Vice -Chair Patricia Byers, Al Rose, Bill Cook, Gavin Keefe,
Peter Marinace
YPC Members Absent: Chairman Scott Clark (excused)
Staff Present: Jeff Peters, Supervising Planner; Sara Watkins, Senior
Assistant City Attorney; Lisa Maxey, Department Assistant;
Joan Davenport, Planning Manager
Others: Mayor Avina Gutierrez, Council Liaison; Sign -in sheet in file
Staff Announcements
Supervising Planner Jeff Peters announced that 15 Request for Consideration forms for
the 2040 Comprehensive Plan Update have been filed with the Planning Division.
Audience Participation
None noted
APproval of Meeting Minutes of June 1 2016 and June 8 2016
Commissioner Rose made a motion to approve the meeting minutes of June 1St and June
8th, 2016. The motion was seconded and carried unanimously.
Public Hearing: 1-502 Marijuana. Regulation
Peters provided a synopsis of the draft Planning Commission findings of fact and
recommendation to City Council. Sara Watkins, Senior Assistant City Attorney,
explained her memorandum which addressed items that the Commission indicated they
wanted further clarification on during the last study session.
Public Participation
Ben Grossman addressed his difficulties in finding a location for his marijuana retail
store and voiced his frustrations regarding the method of measurement being utilized
for the buffer.
David Hawkins spoke on the health consequences of marijuana.
Eric Larson explained the benefits of medical marijuana use, as well as the ease of
access for alcohol in comparison to marijuana. He added that he believes the 1,000
foot buffer is too restrictive.
Christian Glinn shared his past struggles with drug addiction and advocated that
marijuana use can help others to get off of harder drugs. He voiced that a 500 foot
buffer would be more reasonable for businesses than a 1,000 foot buffer.
Anna Marie Dufault informed the Commission that she would like advertising and
signage for marijuana sales to be regulated, that there should be severe consequences
for marijuana retail shops that are illegally opened, and that it's difficult to restrict
laws once they are liberalized.
-1-
Susan Martin spoke on the effects that marijuana use will have on healthcare, law
enforcement, schools, children, and families. She also presented statistics to the
Planning Commission and provided them handouts of statistics. She then asked the
Commission to keep the buffer at 1,000 feet and to restrict advertising. Commissioner
Keefe responded to the comments she made in regards to the effect that legalization
of recreational marijuana has on the black market.
John Lange urged the Planning Commission to keep the buffer at 1,000 feet and
commented that marijuana stores are only highly regulated inside the store but not
outside. He mentioned that a small town close to Yakima is struggling with odor
issues resulting from marijuana processing facilities and that wind patterns should be
taken into account.
Bob Whitney addressed Mayor Avina Gutierrez and voiced that he does not feel
represented by the City Council as a constituent. He spoke on how the location of
marijuana retail stores affects groups of different income levels.
Chloe Moore pleaded for the ban on marijuana to remain in place.
Lynette Whitney requested that a 2,000 foot buffer be enforced and for churches to be
included in the buffer. She also asked that residential areas be off limits for marijuana
retail and cooperatives. She expressed her concerns about a few possible eligible
locations that are central to nearby schools. Lastly, she voiced that she would like
neighbors to have an opportunity to comment through a Type 2 Review process.
Steve Brownlow shared his views on the negative impacts that marijuana
advertisements can have, and asked the Commission to keep a 1,000 foot buffer.
Jedidiah Haney provided testimony of his own medical marijuana use. He then talked
about the black market and the dilemma of clustering of marijuana retail stores due
to buffering.
*Vice -Chair Patricia Byers closed the public comment period at approximately 6:29 p.m.
Mayor Avina Gutierrez thanked the public for their participation and addressed some of
the public comments that were heard.
Commissioner Rose stated that he would still like the Commission to consider the option
of requiring Type 2 reviews and added that he is favorable to a 1,000 foot buffer at this
point. Commissioner Keefe shared that he believes a 1,000 foot buffer is too restrictive
for business owners to be able to operate and that a 500 foot buffer can be a good
compromise. Commissioner Byers pointed out that with a 1,000 foot buffer, 878 parcels
are eligible for marijuana related business. Commissioner Marinace voiced that based on
public comment he believes the buffer should be larger, and that a compromise could be
to make the buffer distance different in rural areas than in urban areas. Commissioner
Byers responded that separating rural from urban could be difficult. Commissioner Rose
asked if the buffer can be increased from the state law buffer level, to which Sara Watkins
responded that she does not have a definite legal answer, and that no jurisdictions which
she has reviewed have enforced a buffer larger than 1,000 feet. Commissioner Byers asked
Watkins about a public comment that was made by an audience member in which they
told the Commission that the Liquor and Cannabis Board deemed the CBD zoning district
not an appropriate zone for marijuana retail. Watkins responded that as of now, there are
-2-
no zoning districts in Yakima that would be deemed appropriate for marijuana retail.
Commissioner Byers mentioned that she would like to see the information that was
presented to City Council on the topic of marijuana.
Commissioner Marinace brought up the public's desire for churches to be included in the
buffer. Commissioner Cook responded that in order for the Commission to make a
decision on the buffer and whether or not to include churches as defined by the state,
they would need to see those options mapped out. Mayor Gutierrez articulated that prior
to mapping, it's important to find out how many churches in Yakima meet the state
definition of a church. Commissioner Rose stated that a 2,000 foot buffer would greatly
reduce the number of eligible parcels, and that he would still prefer the 1,000 foot buffer.
Mayor Gutierrez spoke on the disadvantages of excessively limiting or expanding the
buffer, and asserted that paraphernalia for drug and tobacco use and the advertisement
of such stores and products are not highly regulated.
Joan Davenport, Planning Manager, informed the Commission that the Planning
Division does not have a parcel list of churches within the city that they could use for
mapping purposes. Jeff Peters echoed Davenport's comments and reminded the
Commission of similar conversations that took place during previous study sessions.
Mayor Gutierrez contributed that the possibility of legal conflicts should be kept in mind.
Commissioner Keefe added that he is uncomfortable with putting churches on a list
maintained by the government.
The Commission had consensus to keep the same zoning districts deemed appropriate
for marijuana business in the final version of the draft ordinance as were included in the
most recent draft ordinance.
Commissioner Byers, Cook, Marinace, and Rose had consensus to include the state's
statutory language in regards to notification for state licensing for marijuana business,
with Commissioner Keefe opposed.
Davenport sketched onto one of the maps a 2,000 foot buffer and pointed out the few
areas left that would be eligible for marijuana business. Further discussion took place
regarding the option of a 2,000 foot buffer and the concept of a flexible buffer.
Commissioner Cook made a motion to enforce a 1,000 foot buffer in the proposed
ordinance and recommendation to City Council. The motion was seconded and carried 3
to 2.
After discussion, the Commission had consensus to not include in the ordinance and
recommendation a separation requirement between marijuana retail stores and
residences in a commercial or industrial zone. Furthermore, the Commission decided not
to include a separation requirement between marijuana retail stores.
Commissioner Cook made a motion for the buffer to include only those listed in state
statute. He then explained that the idea of buffering of churches was instead addressed
through applying the state statutory language regarding state license notification. The
motion was seconded and carried 3 to 2.
Commissioner Keefe made a motion to continue the meeting to June 20t" at 3:30 p.m. in
the City Hall Council Chambers. The motion was seconded and carried unanimously.
-3-
Other Business
No other business noted.
Chairman Scott Clark
1'
Date
This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Department Assistant II