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HomeMy WebLinkAbout06-16-16 YPC Packet14=1DEPARTMENT OF COMMUNITY DEVELOPMENT 11wning i)Msion. m Joan Davenport, AICP, Director C � ° Y `D F YAMMA A 129 North Second Street, 2nd Floor, Yakima, WA 98901 r ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Thursday June 16, 2016 5:30 p.m. - 8:00 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. Approval of Meeting Minutes of June 1, 2016 and June 8, 2016 V. Public Hearing - I-502 Marijuana Regulation (SEPA#013-16) VI. Other Business VII. Adjourn Next Meeting: June 22, 2016 FORA 1.1 Ill Im City 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 8,201 Commissioner Rose made a motion to approve the meeting minutes of June 1St and June 8111, 2016. The motion was seconded and carried unanimously. Public Hearin : I-502 Marijuana Regglation 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 20tII 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 Date This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Department Assistant II 'Adll 1It IllIsk t:O Y� i7f Y Ktl66A O� 4 �S�S�= 9 SIGN -IN SHEET ng City of Yakima Planning Commission City Hall Council Chambers Thursday June 16, 2016 Beginning at 5:30 p.m. Public Hearing *PLEASE WRITE LEGIBLY* ........... w IT h C� _... .... . ...... -. ................ . ..........v ................ -- _..._ 61 � WN r(e 11 1 .w q;f1jew" 41crj.� e2 V ICU tv ed Si ..... _ ._ i1h F w r✓ 5 n Y � �..._... ... �...._ r� 4 C i � e9ok, Page 1 � y � � � ®� �"�� 06/16/2016 YPC Meeting DEP 200 South Third Street; Yakima, Washington 95901 (509W56= Fax (509M5-6160 June 10, 2016 TO: Planning Commission Members FROM: Sara Watkins, Senior Assistant City Attorney SUBJECT: Additional Details Regarding Marijuana Uses Dear Commission Members: There was a lot of discussion regarding notification of surrounding property owners/users at the last commission meeting. I did some additional research and reached out to other municipal attorneys to get an idea of what other jurisdictions are doing. The state -allowed notification language.. 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." Thus, the City is allowed under the new legislation to enact a requirement that all applicants for the state Liquor and Cannabis Board license be required to notify any of the following that are within 1,000 feet of the proposed location: a. Elementary or secondary school; b. Playground; c. Recreation center or facility; d. Child care center; e. Church; Memorandum to Planning Commission June 10, 2016 Page 2 f. Public Park; g. Public transit center; h. Library; or Ar_ __a ___a_:a_ ___ ne ..____ _ir __ _ir__ I. Arca de not 1 est IL.LCU LU �.JC15U1 IJ G 1 years old UI older, This is the same list as the buffer zones, with the addition of churches. 2. What the state language does not include.. The state authorized language does not include any other types of uses, such as residences, apartment complexes, other retail establishments, or businesses. I do not believe City could enact more restrictive language requiring notice to all property owners within 1,000 feet of a proposed retailer for purposes of the LCB licensing decision. The LCB has exclusive authority over the decision to issue a state license. In so doing, it is the only entity that can set up rules regarding applications and applicant requirements. Therefore, the Commission can not recommend increasing notice requirements other than as listed in the 2015 legislation, for the process of obtaining a state license for a marijuana business. 3. Local language. I inquired with other jurisdictions as to whether they required additional notification during the local licensing process for marijuana businesses. A number of cities use a Conditional Use Permit requirement for marijuana businesses, which requires additional notice to surrounding properties. For example, Walla Walla uses a heightened level of review to evaluate the following matters through a public hearing in front of the hearing examiner, where the hearing examiner is tasked with determining: a. That the use will not endanger the public health or safety if located and developed where proposed, and that the use will not allow conditions which will tend to generate nuisance conditions to adjoining properties; b. That the location and character of the use, if developed according to the plan as submitted and approved or conditionally approved, will be compatible and in harmony with the area in which it is to be located; c. That Conditional Use Permit approval would be in general conformity with the Walla Walla Urban Area Comprehensive Plan as amended; and d. That the use meets all required conditions and specifications set forth in the zone where it proposes to locate. WWMC 20.16.040; WWMC 20.173.030. The notice goes out to all adjacent property owners based on ownership records. WWMC 20.14.065(B)(5)(c). Memorandum to Planning Commission June 10, 2016 Page 3 There is a specific purpose for the notice—the hearing examiner is required to make findings of fact on the four areas listed above, and determine whether it is appropriate to issue a conditional use permit. Practically speaking, business licenses are granted to businesses that fall under the requirements of the local ordinances. If locating a marijuana retailer in the CBD is a class 1 use, then it is presumed compatible, and as long as it meets the buffer requirements, the license will be issued by staff. The licensing process is set up so that businesses have the confidence that the ordinances will be applied evenly throughout a specific type of business. Unless a heightened review is required, or a conditional use permit process is outlined, allowing public comment on business licenses, after notice, could be problematic. If the Commission recommends (and Council approves) the language regarding notification at the state license level, then the protected uses, and churches, will be notified if they are within 1,000 feet of the proposed location. The LCB then can use its procedures to review those comments and determine whether a state license should be granted. If the LCB determines based on public comment that a state license will be denied, then the City would not have any authority to issue a business license to the location. The current proposal has the uses as Class 1 uses. "Class (1) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are considered compatible and are permitted on any site in the district. The administrative official shall review Class (1) uses for compliance with the provisions and standards of this title. "Class (2) uses" are those uses set forth and defined in the text and tables of YMC Chapter 15.04 and are generally permitted throughout the district. However, site plan review by the administrative official is required in order to ensure compatibility with the intent and character of the district and the objectives of the Yakima urban area comprehensive plan. Public comment is worthwhile when the public has the opportunity to provide meaningful input on a subject. Here, if a use is a Class 1 use it is presumed compatible. Public comment would not change that language in the zoning code. Without elevating the use to a Class 2 use, or a Type 2 review under a Class 1 use (both of which would require formal public review and comment). In those cases, the Commission should outline the reasons why such heightened review is requested, and what the review will be evaluating (i.e. the four items above in the Walla Walla example). Type 2 review requires notification of adjacent property owners. Class 1 uses require Type 2 review only in specific circumstances: Class (1) uses require Type (2) review when: A. All or part of the development, except for agricultural buildings, single-family dwellings, and duplexes, is in the floodplain or greenway overlay districts; B. All or part of a development is in the airport overlay (AO); C. All or part of a development is in an institutional (10) or master planned development overlay (PD) and is identified in a development agreement as requiring Class (2) approval; Memorandum to Planning Commission June 10, 2016 Page 4 D. The proposed use includes hazardous material; E. The applicant requests adjustment of one or more of the specific development standards pursuant to YMC 1 ,:1.. ,m020; or F. All or part of the development requires a development plan and/or master plan. Therefore, it is likely necessary to make marijuana uses a Class 2 use in the land use chart to require additional notice under a Type 2 review. Notice would then go to adjacent property owners, not to property owners within 1,000 feet of the proposed location, pursuant to the language in YMC's zoning ordinances. 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 Regional Development District (RD); prohibiting recreational marijuana producers, processors, researchers and retailers in all other zones; adopting the state statutory buffer zones for recreational marijuana uses and neighborhood cooperatives; and adopting other restrictions on the locations of these recreational marijuana uses, and repealing YMC Section 15.01.035. WHEREAS, in November of 2012, the Washington voters passed 1-502, which directed the Washington State Liquor Control Board (now Liquor and Cannabis Board—both collectively referred to as "LCB") to regulate recreational marijuana by licensing and taxing recreational marijuana producers, processors and retailers; and WHEREAS, the LCB has adopted since 1-502's effective date, numerouls rules and a regulatory scheme to address the methods of producing, processing and packaging of recreational marijuana, security requirements for retail outlets, retail outlet locations and hours of operation, labeling requirements and methods of transport of product throughout the state, taxing, license fees, penalties and other necessary regulations for marijuana related businesses; and WHEREAS,on January 17, 2012, the City Council of the City of Yakima enacted Ordinance No. 2012-003, which provided that no use that is illegal under local, state or federal law shall be allowed in any zone of the city, and applying such regulation to medical marijuana dispensaries and collective gardens; and WHEREAS, on October 8, 2013, the City Council of the City of Yakima enacted Ordinance No. 2013-048, which adopted and imposed a moratorium on the production, processing and retail sales of marijuana within the City of Yakima; and WHEREAS, on January 21, 2014, the City Council of the City of Yakima enacted Ordinance No. 2014-001, which prohibited the production, processing and/or retail outlets and sales of marijuana in all zones of the city, 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 the 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 promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Repealer, Ord. No. 2012-003 and Ord. No. 2014-001, are hereby REPEALED. Section 2. Repealer. Section 15.01.035 -Illegal Uses Prohibited, is hereby REPEALED. Section 3. Section 15.04.030—Table of Permitted Land Uses—of the Yakima Urban Area Zoning Ordinance is hereby amended to add as separate entities "marijuana production", "marijuana processing", and "marijuana research" as a Class 1 permitted use in the Light Industrial (M-1) and a Class 1 permitted use in the Heavy Industrial (M-2), and to add the following new note **: ** See YMC 15.09.220 for general development requirements for marijuana uses. The "marijuana production" use shall be placed alphabetically in the use chart immediately below the "Agriculture—Commercial' listing. The "marijuana processing" use shall be placed directly below the "Manufacturing" listing. The "marijuana research" use shall be placed directly below the "Manufacturing" listing. Section 4. 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 to reference note **. The "marijuana retail' use shall be placed alphabetically in the use chart immediately below the "Retail, Trade and Service" listing. Section 5. Section 15.09.220 shall be added to the Yakima Municipal Code to read as follows: 15.09.220 Marijuana Uses 2 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 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 of the City of 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. Applicants for a City business license shall first obtain the necessary Washington State Liquor and Cannabis Board 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; IH d. Child care centers; e. Public parks; f. 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 of a 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. 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; f. Public transit centers; g. Libraries; and 5 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. Severability. 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. Section 5. Effective Date. This oridinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL signed and approved this day of July, 2016. Avina Gutierrez, Mayor ATTEST: City Clerk Publication Date: Effective Date: 2 CITY OF YAKIMA PLANNING COMMISSION FINDINGS OF FACT, AND RECOMMENDATION Zoning Text Amendment to the City's Urban Area Zoning Ordinance Regarding 1- 502 Recreational Marijuana Regulations June 16, 2016 WHEREAS, in November of 2012, the Washington voters passed 1-502, which directed the Washington State Liquor Control Board (now Liquor and Cannabis Board— both collectively referred to as "LCB") to regulate recreational marijuana by licensing and taxing recreational marijuana producers, processors and retailers; and WHEREAS, the LCB has adopted since 1-502's effective date, numerous rules and a regulatory scheme to address the methods of producing, processing and packaging of recreational marijuana, security requirements for retail outlets, retail outlet locations and hours of operation, labeling requirements and methods of transport of product throughout the state, taxing, license fees, penalties and other necessary regulations for marijuana related businesses; and WHEREAS, on January 17, 2012, the City Council of the City of Yakima enacted Ordinance No. 2012-003, which provided that no use that is illegal under local, state or federal law shall be allowed in any zone of the city, and applying such regulation to medical marijuana dispensaries and collective gardens; and WHEREAS, on October 8, 2013, the City Council of the City of Yakima enacted Ordinance No. 2013-048, which adopted and imposed a moratorium on the production, processing and retail sales of marijuana within the City of Yakima; and WHEREAS, on January 21, 2014, the City Council of the City of Yakima enacted Ordinance No. 2014-001, which prohibited the production, processing and/or retail outlets and sales of marijuana in all zones of the city, 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 Findings of Fact by the City of Yakima Planning Commission regarding an amendments to the City's Urban Area Zoning Ordinance, YMC Title 15: I-502 Marijuana Recreational Marijuana Producers & Processors 1 WHEREAS, pursuant to RCW 36.70A.130(1) the City is required to take legislative action to review and revise its comprehensive plan and development regulations in accordance with the Growth Management Act; and WHEREAS, pursuant to RCW 36.70A.020, goals are set forth to guide the development and adoption of comprehensive plans and adoption of development regulations; and WHEREAS, on May 27, 2016, the City submitted a draft amendment to its Urban Area Zoning Ordinance that proposes to establish regulations for allowing recreational marijuana producers and processors and marijuana retailers in appropriate zoning districts within the City, and accompanying State Environmental Policy Act (SEPA) Checklist, and WHEREAS, pursuant to RCW 36.70A, and YMC 15.23.020, the YPC is authorized to make a recommendation to the Council, for their review, consideration, and adoption of development regulation amendments; and WHEREAS, pursuant to City Ordinance #2004-14 and RCW 36.70A.130 (2) the City followed its adopted public participation program, which included the following: 1. Twenty days of public comment starting May 27, 2016, and ending on June 16, 2016; 2. Posting on the City of Yakima's web site of the draft amendments on May 27, 2016; and 3. Published notice in a local newspaper of general circulation, and issued a press release to local media on May 27, 2016; and WHEREAS, pursuant to RCW 36.70A.106 notice of all amendments to the City's development regulations were sent to the Washington State Department of Commerce prior to the amendments being considered for adoption; and WHEREAS, on May 24, 2016, the City of Yakima Planning Commission held a study session regarding the 1-502 legislation and potential land use controls related to marijuana producers and processors. At the conclusion of the study session, the Planning Commission directed the City of Yakima Planning and Legal departments to create a draft ordinance which allowed 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 Small Convenience Center (SCC), Large Convenience Center (LCC), Central Business District (CBD), General Commercial (GC), Regional Development District (RD), and Airport Support District (AS); prohibiting recreational marijuana uses in all other zones; adopting the state statutory buffer zones for recreational marijuana uses and neighborhood cooperatives; and adopting other Findings of Fact by the City of Yakima Planning Commission regarding an amendments to the City's Urban Area Zoning Ordinance, YMC Title 15:1-502 Marijuana Recreational Marijuana Producers & Processors 2 restrictions on the locations of these recreational marijuana uses, and repealing YMC Section 15.01.035.; and WHEREAS, on June 1, 2016, the City of Yakima Planning Commission held a public meeting to review the draft ordinance, take public comment, and review additional information requested by the Commission; and WHEREAS, at the conclusion of its June 1, 2016, meeting the City of Yakima Planning Commission directed staff to revise the draft ordinance to remove the AS, and SCC zones as permitted zoning districts, add the B-2 zoning district, and requested additional zoning/buffer maps to determine appropriate buffers for both marijuana retail and processors from sensitive land uses; and advised staff to add provisions including restricting retailers from using drive-thru or mobile units, odor, and marijuana research facilities; and WHEREAS, at its June 8, 2016, meeting the City of Yakima Planning Commission took additional public testimony, and determined that no buffers should be required from churches, that the State 1,000 ft. buffers for separation of marijuana facilities from sensitive land uses was adequate, and no additional regulations or controls were necessary to allow marijuana land uses within the City of Yakima; and WHEREAS, pursuant to the State Environmental Policy Act (SEPA) WAC 197-11 and YMC 6.88, the City retained its Determination of Non -significance (DNS) on the proposed zoning ordinance amendments on June 16, 2016, and WHEREAS, an open record public hearing regarding the proposed text amendments occurred on June 16, 2016, where all persons desiring to comment on the proposed amendments were given a full and complete opportunity to be heard; and WHEREAS, the Commission following public comment and deliberation reviewed and revised staff's recommended amendments; and those proposed revisions were approved by staff; and NOW, THEREFORE, BE IT RESOLVED by the Commission that, in making the hereinabove recommendation, that these proposed amendments to the YMC Title 15 Yakima Urban Area Zoning Ordinance have been sufficiently considered, and the Commission hereby enters the following Finding of Fact: FINDINGS OF FACT 1. Pursuant to the provisions of Chapters 36.70 and 36.70B RCW the Commission has the legal authority to make a recommendation concerning the adoption of official controls that implement comprehensive plans. Findings of Fact by the City of Yakima Planning Commission regarding an amendments to the City's Urban Area Zoning Ordinance, YMC Title 15: I-502 Marijuana Recreational Marijuana Producers & Processors 3 2. The Commission held the required public hearing on June 16, 2016, where the Commission considered the proposed ordinance and suggested various changes to the draft ordinance which were incorporated and approved. 3. The Commission finds that the proposed amendments will have the following benefits: a. City acceptance of land uses which were approved by voters of Washington State through Initiative 502; b. Increased access to marijuana for patients with medical needs; c. Development of zoning controls which both allow for the protection of sensitive land uses such as schools, playgrounds, and childcare centers, while allowing new forms of retail and manufacturing uses within the City of Yakima; and d. Utilization of a previous non -allowed state revenue source. 4. The Commission finds that the City provided timely public participation in consideration of the proposed amendments, consistent with RCW 36.70A.140, WAC 365-195-600, and its adopted Public Participation Program Guidelines. 5. The Commission considered public testimony related to the proposed amendments. 6. The Commission concurs with the retention of Determination of Non- significance (DNS) that was issued on June 16, 2016, for the proposed amendments. 7. The Commission member's present voted__ to to recommend approval of the amendments as set forth in Attachment "A". 8. The Commission's recommendation is consistent with and implements the City's Comprehensive Plan goals and policies. RECOMMENDATION It is for the above reasons that the Commission recommends that Council adopt the attached Amendments to the City's YMC Title 15 Yakima Urban Area Zoning Ordinance with a revision date of June 16, 2016. Motion Findings of Fact by the City of Yakima Planning Commission regarding an amendments to the City's Urban Area Zoning Ordinance, YMC Title 15:1-502 Marijuana Recreational Marijuana Producers & Processors 4 Based upon the findings outlined above, it was moved and seconded that the City of Yakima Planning Commission recommends APPROVAL of the submitted Zoning Ordinance amendments. The motion was carried by a unanimous vote. Scott Clark, Chairman Yakima Planning Commission Date Findings of Fact by the City of Yakima Planning Commission regarding an amendments to the City's Urban Area Zoning Ordinance, YMC Title 15: I-502 Marijuana Recreational Marijuana Producers & Processors 5 This map identifies existing parcels within the City of Yakima that are affected by the restrictions of the RCW 69.50.331 Application for license. Marijuana Restricted Areas - Option t State of Washington's miss related to Licenses for Marijuana retail, manufacturing and processing Zoning Detail operations as specified in RCW 69.50.331. In addition, this map also excluded (but did not buffer by 8(aj Except as provided in (b) through (d} of this subsection, the state liquor and 1000 feet) properties that were zoned residential or owned by the City of Yakima, other RestricCed Areas 100 Oft Butter govrecreaon center y, c ernment agencies. The map also identified existing parcels that qualified. In the cases where cannabis board may not Issue a license for any premises within one thousand feet of ere the the perimeter of the grounds any elementary or secondary school, playground, titer or facilithilit re d cacenter, public park, transit center, or j Yakima City Limits 1000 foot butter was applied, if a portion of the pamei was impacted by the buffer, the entire parcel , pl._._. was included. Approximately 878 parcels were identified that met the criteria of the State Law library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older Yakima Council Districts 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' Zoning 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 SOOft 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 �._ :f 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 L_,_, I Yakima Council Districts License EOgibie Sites 100ft Buffer -Zoning Zoning Category 811—cr., . ss 82_- B HB Hi -1-1 3 ISI SCC 5 II C.—r— Cerrtar IIIIIOIOO!V!W LCC Lerge Conven enee Gooier CSO Central aus n D sviu GC General Commemal M i Light l,d...1 M-2 H vy Industrial RD gonal Development �IIJUS AS Ail,n Support r,FSEMS,4 I ®moi. e� 1 �� II MINOR V jse/ l��flfl �rDAVbtIaV � I ._ % i Al DRA �r�rv� ii b otv C� !�f'dE J�J��� 0 ryy JYWnur�Qt' „J'Jalley er Source. Esn, HERE DeLorme, TornT t pt P 0,,p GEBCC IJSGS, EA©, NPS. NRCAN G, B IGN Katlasier Nl, Ordnance S,-, En, Jepen METI Esn Ch— (Hong Kong) sw estop, W; yind a, 0C>iJer,ii e:,IMep contrbutpm� and the GIS 11 yr C.—M, This map presents a modification to Option 1 Map by reducing the buffer to 100' around child are RCW 69.50.331 Application for license. Marijuana Restricted Areas - Option centers, arcades, transit center, libraries and recreation centers. The map maintains the required 1000' zOrilrig Detail ;around schools and parkslplaygmunds. These modifications are allowed by changes to the State of 6{a) Except as provided in (b) through id) of this subsection, the state liquor and III 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 t00ft 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 Yakima City Limits The cases where a 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 t'�,'" was included. Approximately 1776 parcels were identified that met the criteria of the State Law. twenty -ane years or older. �, m-,� Yakima Council Districts