HomeMy WebLinkAbout02-07-2012 � '
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c►rr oF �_ « PLANNING COMMISSION
February 7, 2012
` WASHINGTON MINUTES
I. CALL TO ORDER �
Chair Judi Roland called the meeting to order at 7:00 p.m. in the Council Chambers
located on the first floor of Aubum City Hall, 25 West Main SVeet,Aubum, WA.
Commission Members present were: Chair Judi Roland, vce Chair Kevin Chapman,
Joan Mason, Dave Peace, Yolanda Trout, Bob Baggett and Mark Ramey.
Commissioner Copple is ezcused.
Staff present included: Pianning Manager Eliiabeth Chamberlain, Planner Stuart
Wagner, City Attorney Dan Heid, Senior Planner Hillary Taylor, and Planning 8
Development DepartmeM Secretary Tina Kriss.
Audience members in attendance: Rick Fares and Green River Community Coilege
students Peter Lin, Tyler Williams, Zoe Deissler, Cameron Cahoon, Trevar Zesiger,
and Dyland Brown.
II. APPROVAL OF MINUTES
A. January 4, 2012, 2012.
CommissionerPeace moved and Commissioner Mason seconded to approve the
minutes from the January 4, 2012 minutes as presented.
MOTION CARRIED UNANIMOUSLY 5-0
III. PUBLIC,COMMENT
There were no comments from fhe public.
IV. PLANNING DEPARTMENT REPORT
P�anning Manager Elizabeth Chamberlain updated the Commission on the old Walmart
building; Oregon based company Coastal Farm and Ranch has submitted their tenant
improvement permit application, the City is almost_finished with the review and ready to
issue permits. Coastal Farm ant! Ranch is expecting to occupy the building and be open
for business in May. The "M" Street SE Grade&eparation (underpass) project has gone
out to bid, the winner of the bid was ScarseUa Brothers, Inc.; ground breaking is
scheduled for February 28"',.
V. PUBLIC HEARING '
There were no public hearings scheduled MOTION APPROVED—6-1
VI. OTHER BUSINESS
A. Cannabis Collective Garden Moratorium Expiration
Senior Pianner Hillary Taylor eicplained the history of Resolution No. 4739 passed by
the City of Aubum August 15, 2011 establishing a moratarium on collective gardens.
The moretorium will expir�e August 15, 2012. Should the moratorium be ended, a
dispensary use would need a business license; however, due to conflid with state
✓ PLANNING COMMISSION MEETING MINUTES March 6, 2010
and federal laws, the City of Aubum would not be able to issue a business license for
a dispensary. In addition the Cfty does not currently have any land use regulations
goveming the location and standards for medical marijuana dispensaries.
Ms. Taylor asked the Planning Gommission to consider discussion on this matter as
directed by Resolution No. 4739 acJopting fhe moratorium by City Council providing a
spec�c work plan. Ms. Taylor asked the Commissioners to consider what the legal
ram�ca4ions of adopting legisla4ion as directed by fhe State biil would be and what
the potential impads of the PencJing legislation at the State and Federal level would
be.
Attomey Den Heid provided the City's legal perspective on these questions
explaining Washington State Legislature approved Engrossed Second Substitute
Senate Bill E2SS6 5073 effective July 22, 2011 that allows cannabisto be grown in
collective gardens.
E2SS6 5073 allows the City to regulate cannabis by enacting zoning licensing and
health and safety requirements. The City of Aubum does not currently have a
specific provision in its zoning and land use codes addressing the use of property for
coilective gardens end in cor�formity and with the responsibilities of the City of
Aubum to provide for zoning and land use regulations pursuant to state law and the
City authorRy to regulate land use adivitywkhin its corporate limits the City intends
to develop appropriate mning and land use regulations for collective gardens.
Commissioner Peace asked 'rf the City allows dispensaries within the City would the
City be open to prosecufion; if the City does nothing what would happen.
Mr. Heid stated if we did nothing businesses could crop up and we would have an
ambiguityin tertns of 6usiness licensing. Permitting a business that violates a
federal law triggers the activity that was threatenec!for prosecution by the US
Attomey's office. If we did not Iicense them a business is operating without a
business license.
Attomey Heid replied to Chair Roland's ques4ion asking what recommendations the
Commission could propose by stating the Corrimission could ask for more
infortnation, see what happeng with ttie poteMial for federal action, recommend an
ordinance should potential federal action takes place or extend the.moratorium until
we have answers pertinent to decision making, or other action. A moratorium can be
established for six morrths without a work plan: If there is a work plan there can be a
moratorium for a maximum of one year. Subsequent extensions can only be for six
months at a time.
Commissioner Baggett stated.since-the City is really caught between the State and
Federal law it appears we should extend the moratorium. Commissioner Peace
stated maybe the.soluUon is to go forward wifh the formulation of a work plan while
the state and federal govemmerit work out the inconsistencies.
Ms. Taylor stated the mast effective way to address the conflid between the state
and federal govemment would be for the govemment to change marijuana to a
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schedule II drug, allowing physicians to prescribe for medical purposes allowing the
drug to be regulated.
Chair Roland asked if the Commission will be holding a hearing. Attomey Heid
stated if recommending a land use decision a hearing would need to be called and
the Planning Commission would hold the hearing. If you decide you are not ready to
hold the hearing the Commission could recommend extending the moratorium and a
hearing for the moratorium extension would be held by the City Council. Staff will
bring this Rem badc to Commission.
B. Interim Sign Controis—Real Fstate Signs
Planner Stuart Wagner reviewed the interim sign controls (regulating aff-premise real
estate signs) passed by the Aubum City Council onApril 18, 2011.
Commission and staff reviewed the foliowing concems regarding off-premise real
estate signs expressed by community members:
• Sign glut or too many off-premise real estate signs could occur;
. The signs, individualiy or colledively could create a public safety hazard;
. Signs are sometimes located too far from the adual development;
• The signs could be in place longer then they need to be..
PlannerWagner stated staff is not recommending a wa�nding kiosk sign program at
this time. Commission and staff discussed kiosk options. Commissioner Ghapman
stated there does not appear to be a good location fo�kiosks in the City. Chair
Roland expressed her concem for safety while drivers may be navigating and
attempting to read a distant sign at the same time. Commission is not supportive of
wa�nding kiosk signage..
Commission and staff reviewed the proposed changes to the adopted interim real
estate signs and disc_ussed the additional language: "Additionally the maximum area
of all off-premise signs advertising a particular deyelopmen4 shall not exceed 250
square feeY'. Ms. Chamberlain stated a policy question Commission needs to
consider in the recommendation to City Council is do you want to corrtinue with the
Planning Director making determinations on a case by case basis as provided in the
curreM language or make code more prescriptive.
Staff stated there will be a public hearing at the next meeting.
C. Proposed Amendment to 4he P-1, Public Use District
Planner Wagner explained the City currenUy has a contrad with King CouMy for
animal control and sheltering. It as found;he Aubum Valley Human Society (AVHS)
will lessen the burden of govemment by providing animal sheltering services at a
savings to the City of Aubum, Prior to occupying the building along A Street
Southeast, a charige to the zoning code is needed. In order for Aubum Valley
Human Society to operate and maintain the future animal shetter the follawing needs
to take place:
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Chapter 18.41 (Public Use ,District) of the Aubum City Code needs to be amended,
with "Animal Shelte�' added as a pertnitted use,within fhe zone. A new definRion of
"animal shelte�' neet]s to be.added to Chapter 18.04'(Definitions).
Staff and Commission reviewed the draft code language and discussed the term
"medical care". Member Mason suggested leaving spey/neuter out of the language.
Commissioners discussed the City responsibility in regardsto animal control and
sheltering. Commission expressed their concem with providing these services and
the upgrades the City is providing to the faciiity.
Chair Roland asked if City tax dollars fund this shetter and services. Planning
Manager Chamberlain was unsure of each detail but will check to see what
information may be avaiiable. Chair Roland asked if the City is providing money for
anything other than offering the 6ui�ding. Planner VUagner explained that license
fees would provide 80% of operations and 20%would come from donations.
Vice-Chair Chapman asked ff tlie proposed code amendment wbuld apply to any
property zoned Public Use and staff answered yes the code amendment would apply
to any property zoned Public Use.
Member Ramsey asked what will be spent for the facility and why the City did not
pursue the fire station if the property was purchased for one. Ms. Chamberlain
stated the line of questioning being asked by the Commission is getting beyond 4he
purview of the Commission but would take the Cortimission's question back to the
administration and see what could be answered: The Planning Commission's
responsibility is reviewing land use changes uvith recommendations to the City
Council.
Commission asked what share the City would beproViding for these services and
how much pet licensing would provide. Commissioner Chapman would like to know
how many animals are serviced by the City.
Staff stated they will be bringing this badc before Cammission at a future meeting
VII. ADJOURNMENT
The next regular meeting will be held March 6, 2012. There being no further business to
come before the Planning Commission, Chair Roland adjoumed the meeting at 8:31
p.m.
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