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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