HomeMy WebLinkAbout06-28-17 YPC PacketDEPARTMENT OF COMMUNITY DEVELOPMENT
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129 North Second Street, 2"d Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
PUBLIC MEETING
City Hall Council Chambers
Wednesday June 28, 2017
3:00 p.m. - 5:00 p.m.
YPC Members:
Chairman Scott Clark, Vice -Chair Patricia Byers,
Al Rose, Bill Cook, Peter Marinace, Gavin Keefe, Jacob Liddicoat
Council Liaison: Avina Gutierrez
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Qy Planning Staff:
Joan Davenport (Community Development Director); Joseph Calhoun (Planning Manager);
Eric Crowell (Associate Planner); Colleda Monick (Assistant Planner); Rosalinda Ibarra
(Administrative Assistant); and Lisa Maxey (Planning Specialist)
Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Approval of Meeting Minutes of June 14, 2017
VI. Discussion on City Council Remand: Marijuana Retail in the M-1 Zoning District
VII. Other Business
VIII. Adjourn
Next Meeting: July 12, 2017
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City of Yakima Planning Commission
City Hall Council Chambers
Wednesday June 28, 2017
Beginning at 3:00 p.m.
Public Meeting
'PLEASE WRITE LEGIBLY'
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Page 1 06/28/2017 YPC Meeting
Marijuana Related Permitted Uses
Information extracted from current Table of Permitted Land Uses (YMC 15.04.030)
** See YMC 15.09.220 for general development requirements for marijuana uses
YPC Study Session — 6/28/2017
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Marijuana Production
Marijuana Processing
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Marijuana Research
Marijuana Retail (**)
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** See YMC 15.09.220 for general development requirements for marijuana uses
YPC Study Session — 6/28/2017
15.09.220 Marijuana uses.
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 or person that regularly provides child day
care and early learning services for children and is licensed by the Washington
State Department of Early Learning under Chapter 170-295 (Child Care Centers)
or 1701-296A WAC (Family Home Child Care).
2. "Church" means a building erected for and used exclusively for religious
worship and schooling or other activity connected therewith. Marijuana regulations
pertaining to a "church" are found in subsection I of this section.
3. "Director" means the city of Yakima community development director or his or
her designee.
4. "Elementary school" means a school for early education that provides the first
four to eight years of basic education and is recognized by the Washington State
Superintendent of Public Instruction.
5. "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.
YPC Study Session — 6/28/2017
6. "Library" means an organized collection of resources made accessible to the
public for reference or borrowing supported with money derived from taxation.
7. "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.
8. "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.
9. "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.
10. "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.
11. "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.
12. "Person" means individual, corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental subdivision or
agency, or any other legal or commercial entity.
YPC Study Session — 6/28/2017
13. "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
means those portions of trail systems which contain playground equipment, such
as those playground equipment areas on the Yakima Greenway.
14. "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.
15. "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.
16. "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.
17. "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.
18. "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 Chapters 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
YPC Study Session — 6/28/2017
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 one thousand feet of the perimeter of the grounds of the following uses, and
any use included in Chapter 314-55 WAC 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
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) of this section..
E. Structure Requirements.
YPC Study Session — 6/28/2017
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-through 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 RCW 69.51A.25. 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 one thousand feet of
the perimeter of the grounds of the following uses, and any use included in
Chapter 314-55 WAC now or as hereafter amended:
a.. Elementary or secondary school;
b. Playgrounds;
c. Recreation center or facility;
d. Child care centers;
e. Public parks;
YPC Study Session — 6/28/2017
f. 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 subsections
(G)(1) and (G)(2) of this section.
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
YPC Study Session — 6/28/2017
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 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 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 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 therewith. (Ord. 2016-
029 § 1 (Exh. A) (part), 2016: Ord. 2016-017 § 1, 2016: Ord. 2016-008 § 5, 2016).
YPC Study Session — 6/28/2017
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