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HomeMy WebLinkAbout06-28-17 YPC PacketDEPARTMENT OF COMMUNITY DEVELOPMENT iam IVI Joan Davenport, AICP, Director iuuiuuiioiii ff annnunn � DM lC,pTY OF "��AK� MMA�� suca��t anninJoseph Calhoun, Manager 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 1111"CORD," F11,11,1' 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 Yakima �fiea aim 2015 199'4 A dwa ILIL� "AT AIPA 4 I f City of Yakima Planning Commission City Hall Council Chambers Wednesday June 28, 2017 Beginning at 3:00 p.m. Public Meeting 'PLEASE WRITE LEGIBLY' ................................ -------------- _ ........................ _ _.._.__......... .... ........ .......................... .... _.................. ..... ........................ . ................ ............. _...... _....... _._....... ......... _....._ 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 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Marijuana Production Marijuana Processing (**) 1 1 Marijuana Research Marijuana Retail (**) 1 1 j 1 1 1 1 ** 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 ti.. �bn .........8 M+ tcrbotvax'm, ossemaes = `^. t�. � a 6 f 1� 6 l r (' LJ i W v pi n.. ,...., ,,.ASA .......... _ it umR omm I E wyr:. iowuumuur