HomeMy WebLinkAbout06-20-16 YPC Packet1114)11ki� THE
"0,70 M DEPARTMENT OF COMMUNITY DEVELOPMENT
lk Planning Division
Joan Davenport, AICP, Director
CITY Or P Y " AAA 129 North Second Street, 2"d Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
CONTINUED PUBLIC HEARING
City Hall Council Chambers
Monday June 20, 2016
3:30 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
Ci 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)
REVISED Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Continued Public Hearing - I-502 Marijuana Regulation (SEPA#013-16)
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V. Other Business
VI. Adjourn
Next Meeting: June 22, 2016
City of Yakima Planning Commission (YPC) City Hall Council Chambers
Meeting Minutes of June 20, 2016
Call to Order
Chairman Scott Clark called the meeting to order at 3:30 p.m.
Roll Call
YPC Members Present: Chairman Scott Clark, Vice -Chair Patricia Byers, Al Rose,
Bill Cook
YPC Members Absent: Gavin Keefe (excused), Peter Marinace (excused)
Staff Present: Jeff Peters, Supervising Planner; Sara Watkins, Senior
Assistant City Attorney; Lisa Maxey, Department Assistant
Others: Sign -in sheet in file
Staff Announcements
Supervising Planner Jeff Peters informed the Commission of the items provided in their
packet for the continued public hearing.
Continued Public Hearin - I-502 Marijuana Regulation YPC Deliberation
Chairman Clark announced that he missed the public hearing on June 16t" but has stayed
informed on the matter and watched portions of the recording of the public hearing.
Commissioner Byers thanked the public and the Commission members for their
participation.
Sara Watkins, Senior Assistant City Attorney, pointed out the changes that she made to
the ordinance per the direction of the Commission at the hearing. Commissioner Cook
requested for the definition of church that is included in the state license notification
section to be added to the definitions section. Commissioner Byers and Commissioner
Rose concurred with Commissioner Cook's request and Watkins confirmed that she will
make the revision.
Chairman Clark explained the email that was received from Commissioner Keefe in
regards to his idea for the buffer to be gradually reduced over time if no infractions occur.
Chairman Clark voiced that it could be difficult to include his proposed schedule in the
ordinance. Peters stated that it would be appropriate to consider changing the buffer
upon petition to the City. Watkins reminded the Commission that since there's only 5
marijuana retail licenses allowed, those will likely all be filled within the first year and
fall in accordance with the 1,000 foot buffer. Commissioner Rose articulated that he
would like the buffer to remain at 1,000 feet in the ordinance but is open to revisions in
the future if necessary. Commissioner Byers explained that mandating when the changes
in the buffer will occur is contradictory to the cautious approach that has been taken thus
far. Commissioner Cook added that the concept of the buffer reduction being contingent
on no infractions occurring could be complicated when it comes to technicalities.
Chairman Clark asked what conclusion the Commission came to as far as buffering from
residential uses that are in commercial or industrial zones. Commissioner Cook recalled
that Planning Manager Joan Davenport explained at the public hearing that it would be
difficult to keep track of residential uses in those zones, so the Commission decided not
to include it in the ordinance.
-1-
Commissioner Byers pointed out a few typographical errors.
The Commission had consensus to duplicate the definition of church so that it lies within
definitions section as well as the section regarding state license notification.
Commissioner Rose made a motion for the Yakima Planning Commission to accept the
findings of fact and recommendation for zoning text amendments to the City of Yakima
Urban Area Zoning Ordinance regarding I-502 recreational marijuana regulations and
accompanying ordinance dated June 16, 2016 as its own or as otherwise amended during
this hearing, and forward on a recommendation of approval to the City Council.
Furthermore, the Commission authorizes the Chairman to approve any necessary edits
and or changes to the Planning Commission's findings and ordinance prior to its
recommendation being forwarded on to the City Council. The motion was seconded and
carried unanimously.
Other Business
Peters informed the Commission that regulations for odor control and security
requirements were included in the marijuana ordinance. Watkins expanded on the
requirements that were added.
The Commission had consensus to cancel the next regularly scheduled meeting of June
22, 2016.
Commissioner Rose shared with the Commission an encounter he had with a member of
the public whose relative is establishing a site for marijuana production in Moses Lake.
Adjourn
A motion to adjourn to July 13, 2016 was passed with unanimous vote. This meeting
adjourned at 3:54 p.m.
Chairman Scott Clark Date
This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Department Assistant II
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City of Yakima Planning Commission
City Hall Council Chambers
Monday June 20, 2016
Beginning at 5:30 p.m.
Continued Public Hearing
*PLEASE WRITE LEGIBLY'
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Pae 1 06/20/2016 YPC Meetin
Max
e ,Lisa
"Orn: Gavin Keefe <gavinkeefe@gmail.com>
Sent: Monday, June 20, 2016 1:28 PM
To: Alfred Rose; Patricia Byers; Peters, Jeff; Maxey, Lisa; Scott Clark; Barbara Cook
Subject: 330 meeting on 6/20
Good Afternoon Commissioners,
Frustrating, it does not look like I will be able to be in attendance today for the final review. I do have one
thought, that I'm not sure how can be implemented or not, however the idea is that after the first year if there
isn't any infractions by the 502 stores in the first year, the buffer is moved to 750 ft, the second year with no
infractions moved to 500 ft. I don't know if that is doable or not, but I think its a compromise that will
encourage stores to be on top of the laws even more so than they already are.
I'm still trying to make the meeting but the chances are getting slimmer and slimmer.
Thank You,
G a N ir� . Keefe
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, 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
WHEREAS, the Planning Commission 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,
researchers 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,
researchers and retailers, as well as neighborhood cooperatives, shall only be permitted in the
zones outlined in the Table of Permitted Land Uses, YMC 15.04.030, and 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, and any use
included in Chapter 314-55 now or as hereafter amended:
4
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
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 straight
line 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 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 designated providers 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, and 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;
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.
4. All separation requirements shall be measured as the shortest straight
line distance from the property line of the proposed building/business location of a neighborhood
cooperative to the property line of the entities listed in subsection (G)(1) and (G)(2) above.
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.
I. Notice. Any applicant for any marijuana producer, processor, researcher or
retailer license under Chapter 69.50 RCW shall, no later than sixty (60) days prior to the
issuance of its license by the Washington State Liquor and Cannabis Board, provide individual
notice 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
1,000 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 and where any of the
owners or operators of these entities may submit comments or concerns about the proposed
business location. For the purpose of this subsection, "church" means a building erected for
and used exclusively for religious worship and schooling or other activity in connection herewith.
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.
0
PASSED BY THE CITY COUNCIL signed and approved this day of July,
2016.
Avina Gutierrez, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
7
CITY OF YAKIMA PLANNING COMMISSION
FINDINGS OF FACT, AND RECOMMENDATION
Zoning Text Amendments to the City's Urban Area Zoning Ordinance Regarding 1-
502 Recreational Marijuana Regulations
June 20, 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 15:1-502 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 it's adopted a 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
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 2
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.; 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„ adding the B-2 zoning district, and thePla!Lniflg
Commission 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 t���firrryw¢ir�rw(, 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 wa-s-were 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, prior to the Planning
Commission's public hearing, 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
deAlawB,fiGRi�.tpflberated reviewed and revised the draft Planning Commission Findings,
and accompanying ordinance as follows:
1. The zoning districts of Light Industrial (M-1) and Heavy Industrial (M-2)
zones ware -arpope tp allowed for producingrchint rid
processing as Class (1) Uses;
2. Recreational marijuana retailers w e- re ro ed to me permitted as Class
(1) Uses in the Local Business District (B-2), Large Convenience Center
(LCC), Central Business District (CBD), General Commercial (GC), and
Regional Development District (RD);
3. Recreational marijuana producers, processors, researchers and retailers in
all other zones w 2iind I.beprohibited;
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
4. The state statutory (1,000 ft.) buffer zones for recreational marijuana uses
and neighborhood cooperatives was enraged t„fpm retained; and
5. Individual public notice provisions administered by the LCB Board were
added for protected uses including churches for proposed marijuana uses
within 1,000 feet of a proposed facility, jr YtwwµrLp+�Cmao;
and
WHEREAS, the Commission continued the public hea, n e ifl9 to June 20,
2016, at 3:30 P.M. to review the finag vers on of the revised ordinance and findings; and
NOW, THEREFORE, BE IT RESOLVED by the P��fnni ,e Commis ion- f.IT1he Cityof
Yakima 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 36.7013 RCW the
Commission has the legal authority to make a recommendation concerning
the adoption of official controls that implement comprehensive plans.
2. The Commission held the required public hearing on June 16 and 20th,
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 fef-i 'rnaLijaL� 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 ...gllp, 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.
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 4
5. The Commission considered public testimony related to the proposed
amendments and written cornments, recti ed oin or before the date of Hiie
.............................. m
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—A
ttato to recommend
approval of the amendments as set forth in Achment "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 lgrotivgc revision date of J .7 -July 2016,
Motion
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 u�r rro-e � ..vote .. ............._ _ _t
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
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'pis map illustrates the recommendation of the Yakima Planning Commission to the Yakima City RCW 69.50.331 Application for license, Marihuana Retail Areas Analysis
until related to consideration of Licenses for retail sales of Marijuana. State law (RCW 69.50.331) Planning Commission Recommendation
provides requirements and guidelines for buffers from sensitive land uses. The recommendation from 8(a) Except as provided in (b) through (d) of this subsection, the state liquor and
the Planning Commission provides a 1000 foot buffer from all sensitive uses. The map also excluded cannabis board may not issue a license for any premises within one thousand feet of Restricted Areas t000ft Buffer
(but did not buffer by 1000 feet) properties that were zoned residential, land zoned B-1 and SCG, as the perimeter of the grounds of any elementary or secondary school, playground,
well as those or owned by the City of Yakima, or other government agencies. In the cases where the recreation center or facility, child care center, public park, public transit center, or 1. _._t Yakima City Limits
1000 foot buffer was applied, 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 802 parcels were identified that met the criteria, twenty-one years or older., pw Yakima Council Districts