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Agenda Subject: Resolution No. 4701- Medical Marijuana Date: April 6, 2011
Dispensaries
Department: Planning & Attachments: Resolution No. 4701 Budget Impact: Not Development Applicable
Administrative Recommendation: Recommend to City Council introduction and adoption of Resolution
No. 4701
Background Summary:
The Washington State Legislature is currently considering legislation that would allow medical marijuana
dispensaries and collective growing operations subject to reasonable zoning regulations. Currently, the
City of Auburn does not allow medical marijuana dispensaries or collective growing operations as a permittable land use for conformity to current federal and state statutes.
Resolution No. 4701 would establish a one (1) year moratorium on the establishment, operation, and
processing of applications for medical marijuana dispensaries, to act as a stop-gap measure in order to 1)
to provide the City with an opportunity to study the issues concerning the siting of such dispensaries and
prepare appropriate revisions to the City's codes and regulations; and 2) to protect the health, safety and welfare of the citizens of Auburn by ameliorating negative impacts of dispensaries.
The City Council's passage of Resolution No. 4701 will provide the City Council, Planning Commission,
interested citizens and City staff a reasonable time opportunity to fully consider all the options and
alternatives for such regulations, and to fully investigate and review all of the factors involved in
developing appropriate regulation of medication marijuana dispensaries. Further, it will allow the City to
fully investigate, understand and appropriately address the potential negative impacts of any future use of property for such medical marijuana dispensaries in the City of Auburn.
The City Council's establishment of a moratorium on medical marijuana dispensaries is permitted under
the provisions of RCW 35A.63.220 and 36.70A.390. For conformity to these statutes, the City Council
must hold a public hearing on the establishment of a moratorium within 60 calendar days of its adoption
by Council. Staff has tentatively identified June 6, 2011 as the public hearing date.
If the Committee determines to move Resolution No. 4701 forward to City Council, it will be presented to
the Public Works Committee for discussion at its April 18, 2011 regular meeting and will be presented to
City Council for potential action at its April 18, 2011 regular meeting.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ®Planning & CD ❑ Fire ®Planning
❑ Park Board ❑Public Works ®Legal ❑ Police ❑ Planning Comm. ❑ Other ❑Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing I l
Referred to Until I l
Tabled Until I I
Councilmember: Norman Staff: Sn derlHeid
Meeting Date: April 11, 2011 Item Number:
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RESOLUTION N0.4_
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, ESTABLISHING
A MORATORIUM ON ACCEPTANCE OF
APPLICATIONS FOR LICENSES, PERMITS AND
APPROVALS FOR MEDICAL MARIJUANA
DISPENSARIES
WHEREAS, there is legislation before the Washington State legislature
that would allow medical marijuana dispensaries and collective growing
operations subject to reasonable zoning requirements; and
WHEREAS, as used in this Resolution, "medical marijuana dispensary"
shall mean any individual, business, corporation, cooperative, or other entity or
establishment that: 1) sells marijuana to a qualifying patient as defined in
Chapter 69.51A RCW; dispenses marijuana to more than one qualifying patient
in any thirty (30} day period or to any person who does not meet the definition of
"qualifying patient" under the terms of Chapter 69.51A RCW; or 3} maintains
more than one one-month supply for one qualifying patient on the premises at
any time. The receipt of cash or other consideration as a condition of, in
exchange for, contemporaneously with, or immediately following the delivery of
marijuana, shall be presumed to be a sale; and
WHEREAS, the City of Auburn does not currently have a specific
provision in its zoning and land use codes addressing the use of property for a
medical marijuana dispensary; and
WHEREAS, in conformity with the responsibilities of the City of Auburn to
provide for zoning and land use regulations pursuant to state law, and the City's
Resolution No. 4701
April 6, 2011
Page 1 of 6
authority to regulate land use activity within its corporate limits, the City intends to
develop appropriate zoning and land use regulations for medical marijuana
dispensaries; and
WHEREAS, the City Council finds that the secondary impacts associated
with medical marijuana dispensaries could include crimes against the
dispensaries themselves as a result of the case and drugs maintained on the
site, increased criminal activity in areas around the dispensaries, loss of revenue
for neighboring businesses, and exposure to minors; and
WHEREAS, the City Council further finds that indiscriminate and
inappropriately placed medical marijuana dispensaries may result in diminution of
real estate property values, and may, as well, result in adverse impacts to the
affected neighborhoods, and
WHEREAS, to avoid or minimize the potential negative impacts of any
future use of property for such medical marijuana dispensaries in the City of
Auburn, it will be necessary for there to be regulations in place to 1 } properly
review and assess the impacts a dispensary may have on the City and the
immediate neighborhood; and 2} determine reasonable and appropriate
measures to betaken to mitigate those identified negative impacts; and
WHEREAS, in order to fully consider all the options and alternatives for
such regulations, and to fully investigate and review all of the factors involved in
developing appropriate regulation of medication marijuana dispensaries, the City
needs time to complete such reviews and put into place such regulations prior to
Resolution No. 4701
April 6, 2011
Page2of6
accepting applications for licenses permits and approvals for the operation of
medical marijuana dispensaries; and
WHEREAS, RCW 35A.63.220 and 36.70A.390 authorize cities to adopt
moratoria; and
WHEREAS, the City Council concludes that the City has the authority, and
that it is necessary to establish a moratorium concerning the establishment,
operation, and processing of applications for medical marijuana dispensaries, to
act as a stop-gap measure in order to 1 } to provide the City with an opportunity to
study the issues concerning the siting of such dispensaries and prepare
appropriate revisions to the City's codes and regulations; and 2} to protect the
health, safety and welfare of the citizens of Auburn by ameliorating negative
impacts of dispensaries; and
WHEREAS, consistent with the provisions of RCW 35A.63.220, it is
appropriate for the City Council to hold public hearings and to authorize the
holding of public hearings and/or other means to gather information and adopt
findings of fact supporting and justifying the moratorium, and to implement a work
plan for review of the medical marijuana dispensary related issues in the
development of the City's dispensary business and land use regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4701
April 6, 2011
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Section 1. Moratorium Established. Pursuant to RCW 35A.63.220, a
moratorium is hereby imposed prohibiting medical marijuana dispensaries in all
zoning districts in the City of Auburn.
Section 2. Term of Moratorium. The moratorium imposed by this
resolution shall become effective on the date hereof, and shall continue in effect
for an initial period of one year, unless repealed, extended or modified by the city
Council after subsequent public hearing(s) and entry of appropriate findings of
fact pursuant to RCW 35A.63.220, provided that the moratorium shall
automatically expire upon the effective date of zoning and land use regulations
adopted by the City Council to address siting and regulation of medical marijuana
dispensaries in the City of Auburn.
Section 3. Preliminary Findings. The following preliminary findings
of fact are hereby adopted:
A. That medical marijuana dispensaries have the potential for
significant impacts on neighborhoods and the community
B. That because of the potential impacts of these dispensaries,
special care and attention needs to be employed in developing
appropriate legislation that satisfactorily addresses the concerns of
the City while also conforming to legal requirements.
C. It is appropriate to collect and compile documentation, information,
testimony and statements of concerned citizens of the City and of
other persons interested in or familiar with the issues of transitory
accommodations and their impacts to fully explore ways to protect
the City and its citizens from the adverse impacts of medical
marijuana dispensaries.
Section 4. Work Plan. The following work plan is adopted to address
the issues involving medical marijuana dispensary regulations:
Resolution No. 4701
April 6, 2011
Page 4 of 6
A. That the City of Auburn Planning Commission shall be authorized
and directed to hold public works sessions, public hearings and
public meetings to fully receive and consider statements, testimony,
positions and other documentation or evidence related to the issue
of medical marijuana dispensaries.
B. That the Planning Commission and City staff are authorized and
directed to review the experiences of other jurisdictions, the status
of legal cases, and statistical data, information, studies and other
evidence compiled by other municipalities, of adverse impacts of
medical marijuana dispensaries, and to review the regulations,
ordinances and codes adopted and implemented by other
municipalities to address medical marijuana dispensary land uses,
and any other information that is pertinent to medical marijuana
dispensaries.
C. That the City of Auburn Planning Commission shall work with City
staff and the citizenry of the City to develop proposals for regulation
of medical marijuana dispensary land uses and zoning
considerations, to be forwarded in their recommendations to the
City Council for inclusion in ordinances and ultimate adoption as a
part of the City Code of the City of Auburn.
D. That the Mayor, in consultation with the City Attorney, Planning &
Development Director, the Police Chief and other staff, shall
periodically advise the City Council as to the status of hearings,
meetings and information development regarding activities of the
Planning Commission and City staff relative to transitory
accommodation land uses, with such reports to be scheduled
approximately every six (6) months or as appropriate throughout
the period of the moratorium and any extensions thereof, until
adoption of a comprehensive ordinance as developed, relating to
medical marijuana dispensary land uses becoming effective in
conjunction with the termination of the moratorium referred to in this
resolution.
Section 5. Public Hearing. A public hearing shall be scheduled for 7:30
p.m. or as soon thereafter as the matter may be heard, on the 6th day of June,
2011, in City Council Chambers, 25 West Main Street, Auburn, Washington
Resolution No. 4701
April 6, 2011
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98001, to hear and consider the comments and testimony of those wishing to
speak at such public hearing regarding the moratorium.
Section 6. Severability. If any sections, sentence, clause or phrase of
this Resolution shall be held to be invalid or unconstitutional by a court of
competent jurisdiction, or its application held inapplicable to any person, property
or circumstance, such invalidity or unconstitutionality or inapplicability shall not
effect the validity or constitutionality of any other section, sentence, clause or
phrase of this Resolution or its application to any other person, property or
circumstance.
Section Effective Date. That this Resolution shall take effect
and be in full force upon passage and signatures hereon.
Dated and Signed this day of , 2011.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 4701
April 6, 2011
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