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HomeMy WebLinkAbout02/16/2016 12 Recreational and Medical Marijuana; Intent to Lift Ban Within the City of Yakima 1 � Ite BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 12. For Meeting of: February 16, 2016 ITEM TITLE: Resolution declaring intent to lift ban on recreational and medical marijuana production, processing and retailing, and directing the Planning Commission to develop land use regulations pertaining to locations and regulation of such uses SUBMITTED BY: Mark Kunkler, Acting City Attorney SUMMARY EXPLANATION: On February 2, 2016, the City Council approved a motion directing staff to prepare a resolution regarding lifting the current ban on recreational and medical marijuana facilities within the City of Yakima. Attached is a Resolution that (a) states the intention of the City Council to initiate elimination of the ban as set forth in YMC 15.01.035, and (b) directs the Planning Commission to develop land use regulations pertaining to the location and appropriate zoning district(s) for such facilities, and in accordance with specific direction for the City Council. In this regard, there are certain elements for which staff and the Planning Commission will benefit from such guidance: Cooperatives. Medical marijuana cooperatives will be allowable uses effective July 1, 2016. A cooperative consists of a group of up to four qualified patients and /or designated providers that have joined together to grow and process marijuana (up to 60 plants), to be used for the medical needs of the participants. A cooperative would be certified by the state, and cannot be located closer than one mile to a marijuana retailer, and must be located "in the domicile" of one of the members. The law allows a city to prohibit such uses within the city. Does the City Council want to allow cooperatives? If so, should such be limited to any particular zoning district or districts (i.e., M -1, M -2 Industrial Zones)? Ask the Planning Commission for a recommendation on such uses and locations? Buffers. State law provides that no licensed marijuana facility shall be located within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty -one years or older. A city may "reduce" the buffer to 100 feet for locations near a recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty -one years or older. (The 1,000 foot buffer must be maintained for elementary and secondary schools and playgrounds.) Residential Zone Buffering. Would the City Council like to see a "buffer" or proximity limitation imposed for locating a marijuana establishment near residentially zoned districts? Establish a Zoning Overlay? It is possible to identify a defined area or corridor where a marijuana facility can be permitted. For other uses, the City has designated a corridor along 1st Street for location of such uses. (For adult entertainment uses, we established this corridor coupled with specified proximity limitations to buffer protected areas.) The Liquor and Cannabis Board has allocated up to five marijuana retail licenses for the City of Yakima. There are no limitations as to the number of marijuana producers or processors that can be located in the city. Likewise, there is no limit on the number of cooperatives that can be located in a city — other than limitations that require that no cooperative can be sited within one mile of a licensed marijuana retailer. ITEM BUDGETED: NA STRATEGIC PRIORITY: Improve the Built Environment APPROVED FOR SUBMITTAL. Interim City Manager STAFF RECOMMENDATION: For Council review. BOARD /COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Resolllu to n II lihnq I anjua na Ban n 2/9/201 R s ollu to n RESOLUTION NO. R -2016- A RESOLUTION declaring intent to lift ban on recreational and medical marijuana facilities and uses within the City of Yakima; directing the Yakima Planning Commission to prepare recommended land use and zoning regulations governing such uses, and to present a recommendation therefor to the City Council. WHEREAS, the City Council has previously adopted Ordinance No. 2012 -03 banning marijuana dispensaries and collective gardens within the City of Yakima, and has previously adopted Ordinance No. 2014 -001 banning recreational marijuana production, processing and retailing within the City of Yakima, both ordinances being codified at YMC 15.01.035 as follows: 15.01.035 Illegal uses prohibited. A. General. No use that is illegal under local, state or federal law shall be allowed in any zone within the city. B. Specific Application — Medical Marijuana Dispensaries and Collective Gardens. Until such time that this code is amended to provide specific provisions and land use controls allowing and regulating dispensaries of cannabis and /or collective gardens for the production, distribution and dispensing of cannabis for medical uses, all as further defined and set forth in Chapter 69.51A RCW and E2SSB 5073, Laws of 2011 of the State of Washington, such uses are not allowed in any zone within the city. For purposes of this section, "dispensary" means any person, entity, site, location, facility, business, cooperative or collective, whether for profit or not for profit, that distributes, sells, dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away cannabis for medicinal or other purposes. C. Production, Processing and Retailing of Marijuana Prohibited. Until such time that this code is amended to provide specific provisions and land use controls allowing and regulating production, processing, retail sale and retail outlets for the sale of marijuana and marijuana- infused products, all as defined in Initiative Measure No. 502, as codified in the Revised Code of Washington, and implementing regulations in Chapter 314 -55 WAC, as now existing or hereafter amended, such uses are each prohibited and not allowed in any zone within the city. (Ord. 2014 -001 § 2, 2014: Ord. 2012 -03 § 2, 2012); and WHEREAS, the City Council, having considered files and records herein and the findings of fact, conclusions of law and recommendations presented by the Yakima Planning Commission and the City Council in support of the ordinances codified at YMC 15.01.035; and the City Council having considered recent legislation enacted by the state legislature and Governor in SB 5052 and 2E2SHB 2136 ( "HB 2136 ") pertaining to the recreational and medical use of marijuana; and WHEREAS, the City Council finds and concludes that the state legislative enactments described above have addressed regulatory concerns regarding the administration of licensing for recreational and medical marijuana uses, and that such enactments have created changed circumstances justifying a reversal of the ban on recreational and medical marijuana facilities within the City of Yakima; and WHEREAS, the City Council further finds and determines that existing land use and zoning codes of the City of Yakima do not adequately address or regulate the production, processing and retailing of recreational and medical marijuana, and do not adequately provide for appropriate designation of zoning districts within the City that may accommodate such uses; and WHEREAS, the City Council finds and determines that it is necessary and appropriate to state its intention to lift the ban on recreational and medical marijuana facilities within the City of Yakima, and to further direct appropriate City staff and the Yakima Planning Commission to develop a recommended land use and zoning regulation for the location and conduct of recreational and medical marijuana facilities, to conduct appropriate and necessary studies and hearings on such proposed regulations, all in accordance with any specific direction provided by the City Council, and to present a recommendation thereof to the City Council for its deliberation and consideration; and WHEREAS, the City Council finds and determines that such action is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The City Council hereby states its intention and direction to eliminate the ban on the production, processing and retailing of recreational and medical marijuana, which ban is currently set forth in YMC 15.01.035, and reserving final action thereon until after completion of the procedures set forth in Section 2 below. Section 2. The City Manager and appropriate staff designated by the City Manager, and the Yakima Planning Commission are hereby directed to develop comprehensive zoning and land use regulations regulating the location of recreational and medical marijuana uses and facilities, including but not limited to, whether such uses should be limited to specific zoning districts, whether additional or reduced distance limitations should be imposed as part of such regulation, and whether medical marijuana cooperatives should be allowed in any zoning district; to hold and conduct meetings, study sessions and public hearing(s) to receive evidence and testimony from the public and interested parties regarding such proposed regulation; and to make recommendations regarding such proposed regulations to the City Council. Section 3. It is the intention of the City Council that the provisions set forth in YMC 15.01.035 shall remain in effect unless and until modified, amended or repealed by Ordinance adopted by the City Council; now, therefore ADOPTED BY THE CITY COUNCIL this 16 day of February, 2016. ATTEST: Avina Gutierrez, Mayor Sonya Claar Tee, City Clerk