Loading...
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 Page 2 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. Page 1 of 2 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 Page 2 of 2 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.