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Home My WebLink AboutITEM IV-DAGENDA BILL APPROVAL FORM * SASH II'Ti Agenda Subject: Resolution No. 4701- Medical Marijuana Date: April 12, 2011 Dispensaries Department: Planning & Attachments: Resolution No. 4701 Budget Impact: Not Development Applicable Administrative Recommendation: Discussion 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. The Planning and Community Development at its April 11, 2011 regular meeting unanimously approved a motion to forward Resolution No. 4701 to City Council for adoption consideration. If the Washington State Legislature approves the current proposed legislation staff anticipates bringing this Resolution to full Council for consideration. 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 18, 2011 Item Number: rr~Y t 4 ~ i ri' rr ~ :'r }1 •~K SAY J l ~ ~ I i y a fir' ti i f.. ~ ~ .i f ~ Sr 'r9 .AS ~1 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 Page3of6 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 Page5of6 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 Page6of6