HomeMy WebLinkAbout05-08-2012 Agenda PacketThe City of Auburn Planning Commission is an eight member advisory body that provides recommendations to the
Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning.
Planning Commissioners are appointed by the Mayor and confirmed by the City Council.
Actions taken by the Planning Commission are not final decisions; they are in the form of recommendations to the
City Council who must ultimately make the final decision.
PLANNING COMMISSION MEETING
May 8, 2012
I. CALL TO ORDER – 7:00 p.m., Council Chambers
II. APPROVAL OF MINUTES
A. April 3, 2012
III. PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
IV. PLANNING DEPARTMENT REPORT
Update on Planning and Development Department activities.
V. PUBLIC HEARINGS
No public hearings were scheduled.
VI. OTHER BUSINESS
A. Cannabis Collective Garden Moratorium Expiration* (Taylor)
Summary: Discussion to address the work plan established by Resolution No. 4739
which placed a moratorium on the establishment of cannabis collective gardens.
VII. ADJOURNMENT
DRAFT
PLANNING COMMISSION
April 3, 2012
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:02 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
Commission Members present were: Chair Judi Roland, Commissioner Copple,
Commissioner Peace, and Commissioner Trout and Commissioner Ramey.
Commissioner Mason and Vice Chair Chapman were excused.
Staff present included: Planning Director Kevin Snyder, Planning Manager Elizabeth
Chamberlain, and City Attorney Dan Heid.
II. APPROVAL OF MINUTES
A. March 20, 2012
Committee asked that Commissioner Baggett’s name be added to the Call to Order
section of the March 20, 2012 minutes.
Commissioner Peace moved and Commissioner Trout seconded to approve the minutes
from the March 20, 2012 meeting corrected.
MOTION CARRIED UNANIMOUSLY 6-0
III. PUBLIC COMMENT
There were no public comments on any item not listed on the agenda for discussion or
public hear.
IV. PLANNING DEPARTMENT REPORT
Planning Manager Chamberlain reminded Planning Commission members the Auburn
Environmental Park Boardwalk grand opening this Thursday at 2:30 p.m.
The Promenade grand opening is April 12, 2012 at 3:30 p.m. in the plaza park. Coastal
Farm and Ranch is working on the demo and interior improvements and is scheduled to
complete in May. One of two Auto Zones stores (located on Auburn Way North) is under
construction and the other (located on A St. SE) is ready to start construction after
permits are issued within the week.
V. PUBLIC HEARING
There were no public hearings.
PLANNING COMMISSION MEETING MINUTES April 3, 2012
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VI. OTHER BUSINESS
A. Planning Commission Training Session
Planning and Development Director Kevin Snyder, Planning Manager Elizabeth
Chamberlain, and City Attorney Dan Heid provided a training session to review the
following topics:
• Roll of the Planning Commission
Make Recommendations
Advise the City Council regarding land use decisions and
development regulations. To make recommendations the
Commissioners must learn the Comprehensive Plan, Development
Code, Critical Areas Ordinance, and Shoreline Master Program. They
need to ask staff for clarification, read all agenda materials, reports
and findings as well as listen to testimony to be prepared for action.
Establish Procedures
Adopt by-laws (last amended in 2007)
Set Ground Rules (facilitated and run by the Chair)
• What types of projects are reviewed by the Planning Commission
Land Use
Zoning
Development Regulations
• Legal Basis for Planning – City Attorney Dan Heid stated the Planning
Commission is the second board of commission that cities found themselves
needing to utilize. The responsibility for a lot of fact finding falls with the
Planning Commission. A hearing is required for land use and other code
changes which come to Planning Commission for review. Mr. Heid did
distinguish between quasi-judicial decisions and legislative decisions for the
Planning Commission.
• Public Meetings
Purpose - Have open government and citizen control
Basic Meeting Requirements – Have regular and special meetings;
adjourn meetings (by committee or clerks)
Penalties
Fine for knowing violation
City – attorney’s fees and actions are null and void
Staff answered questions and explained various procedural duties to assist Planning
Commissioners in understanding their duties and responsibilities.
VII. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:24 p.m.
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Memorandum
To: Judi Roland, Chair, Planning Commission
Kevin Chapman, Vice Chair, Planning Commission
Planning Commission Members
From: Hillary Taylor, Senior Planner
CC: Kevin Snyder, AICP, Planning and Development Director
Dan Heid, City Attorney, City Attorney’s Office
Rob Roscoe, Risk Manager, HR Facilities/Risk Management
Jamie Sidell, Commander - Investigations, Police Department
Date: April 24, 2012
Re: Collective garden moratorium expiration (Resolution No. 4739)
At the May 8, 2012 Planning Commission meeting, staff will present the following
memorandum to the Commissioners to provide an update on staff research in compliance
with the work plan established by Resolution Number 4739.
Background
During the February 7, 2012 Planning Commission meeting staff presented a memo on
Resolution Number 4739 which was adopted by the City Council on August 15, 2011,
establishing a moratorium on collective gardens. The moratorium expires on August 15,
2012. As part of the resolution Council specified a work plan regarding the creation of
regulations for collective gardens. In accordance with the work plan staff continues to
research pending legal decisions regarding the legality of marijuana and associated collective
gardens.
Staff Research
FEDERAL CONFLICT:
In 1970 the Controlled Substances Act was approved by the United States Congress. The
Act regulates cannabis as a Schedule I drug, classifying cannabis as having high potential for
abuse, no medical use, and not safe to use under medical supervision. In conflict with this
schedule adopted by Congress, sixteen states have enacted legislation allowing the medical
use of cannabis by their citizens. Drugs are regulated by the Drug Enforcement
Administration (DEA).
RECLASSIFICATION OF THE DRUG:
The Controlled Substances Act provides for a rulemaking process by which the United States
Attorney General can reschedule cannabis administratively. These proceedings represent the
only means of legalizing medical cannabis without an act of Congress. On November 30,
2011 Governor Gregoire signed a letter addressed to Michele Leonhart, Administrator of the
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Drug Enforcement Administration petitioning the government to reclassify marijuana as a
Schedule II drug. Governor Gregoire co-signed the letter with Governor Chafee of Rhode
Island. In the letter the Governor cited the June 21, 2011 denial by the DEA of a 2002 petition
to reclassify the drug. In 2011 the DEA denied the 2002 petition due to a 2006 review by the
Food and Drug Administration that found that marijuana still falls under the threshold of a
Schedule I drug. Governors Gregoire and Chafee argue that significant medical research has
been completed since the 2006 study citing the 2009 American Medical Association support
for investigation and clinical research of cannabis for medicinal use.
CONFLICT WITHIN THE LAW SIGNED BY THE GOVERNOR:
The State of Washington Legislature adopted Engrossed Second Substitute Senate Bill
5073 (E2SSB 5073) which became effective on July 22, 2011. E2SSB 5073 allows
cannabis to be grown in collective gardens. The Governor vetoed portions of the bill that
are referenced by other sections, because of this there are conflicts within E2SSB 5073
due to references in the approved bill to deleted sections. The recent legislative session
did not address the conflicts within the approved bill. Staff research found that the
following cities have adopted moratoriums: Yacolt, Tacoma, Kirkland, Port Orchard,
North Bonneville, Covington, Milton, Anacortes, Bonney Lake, Sunnyside, Fife,
Stanwood, SeaTac, Everett, Tukwila, Millwood, Longview, Camas, Vancouver,
Covington, Shoreline, Mukilteo, Orting and Redmond. Research found that only the City
of Issaquah has adopted regulations allowing the establishment of collective gardens in
some zoning districts. Staff found that the City of Woodinville has adopted regulations to
outright deny the land use within the city. Many of the communities that have adopted
moratoriums cited lack of clarity in the approved E2SSB 5073, the conflict between the
federal and state law, and potential changes to the approved state bill due to citizen
sponsored initiatives.
STATE INITIATIVE:
There is a citizen sponsored initiative to legalize the use of cannabis that has been
submitted to the legislature of the State of Washington. The initiative will be on the ballot
for voter consideration as part of the election to be held in November of this year. The
text of the initiative can be found on the state web site at the following link:
sos.wa.gov/assets/elections/initiatives/i502.pdf The initiative proposes to authorize the
state liquor control board to regulate and tax marijuana for persons twenty-one years of
age and older, and add a new threshold for driving under the influence of marijuana.
The initiative contains language to license and to regulate producers, processors and
retailers of marijuana.
STAFF RECOMMENDATION:
At this time staff proposes to take a recommendation forward to City Council recommending
the extension of the moratorium for the following four reasons: 1) There is a conflict between
State and Federal law. 2) There are conflicts present in the bill approved by Governor
Gregoire. 3) There is a petition before the Federal government to reclassify the drug. 4)
There is a publicly supported initiative to legalize the use of the drug that will be put to voters
in the next general election this fall. For these four reasons staff finds that there are
inconsistencies in the legal treatment of the drug that do not support a reasonable application
of a land use regulation and recommends that City Council continue the moratorium to allow
time for clear and reasonable direction from the State and Federal government to local staff
regarding the legality of the production and use of the drug.