HomeMy WebLinkAbout12-03-2013 PLANNING COMMISSION AGENDA PACKET (2)
The 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
December 3, 2013
AGENDA
I. CALL TO ORDER – 7:00 p.m., Council Chambers
II. ROLL CALL/ESTABLISHMENT OF QUORUM
III. APPROVAL OF MINUTES
A. October 22, 2013
IV. PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
V. PLANNING DEPARTMENT REPORT
Update on Planning and Development Department activities.
VI. OTHER BUSINESS
A. Recreational Marijuana Overview, Work to Date and Next Steps* (Jones)
Summary: Review and discuss recreational marijuana (I-502) findings to date, and
the proposed options for regulating State licensed marijuana uses in the City.
VII. ADJOURNMENT
DRAFT
PLANNING COMMISSION
October 22, 2013
SPECIAL WORK SESSION AND
REGULAR MEETING MINUTES
SPECIAL WORK SESSION
I. CALL TO ORDER
Chair Roland called the special work session to order at 6:31 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 Roland, Vice-Chair Copple, Commissioner Baggett,
Commissioner Mason, Commissioner Trout, Commissioner Couture, and Commissioner Smith,
and Commissioner Pondelick.
Staff present included: Planning and Development Director Nancy Welch, Planning Services
Manager Elizabeth Chamberlain, Principal Planner Jeff Dixon, Assistant City Attorney Doug Ruth,
Financial Analyst Consuelo Rogel, and Planning Secretary Tina Kriss.
Audience members present: Paul Cyr of Barghausen Consulting Engineers, Inc., Roger Lee,
Bonnie Tiangsing, Bob Kenworthy of the Auburn School District, John Tippins, Lorenna Tippins,
Coni Orvis, Del Goad, and David Hunnicutt.
II. 2013 Annual Comprehensive Plan Amendments
Principal Planner Jeff Dixon reviewed provided an overview of the 2013 Comprehensive Plan
Amendment listed below:
Six Policy/Text amendments – All are city initiated amendments:
CPA13-0003: P/T #1 thru #4 - School District Capital Facilities Plans
P/T #5 - City Capital Facilities Plan
P/T #6 - Chapters 3, 8, & 14 of the Comp Plan
Three Map Amendments – one city initiated Map Amendment and two private amendments:
CPA13-0003: CPM #1- Auburn WY S & Hemlock ST SE (City initiated)
CPA13-0001: CPM #2 - Wesley Homes Lea Hill LLC – Southside SE 320th ST
CPA13-0002: CPM #3 – Fonpee /Stanberry – W VLY HWY & 37th ST NW
Mr. Dixon provided handouts showing revisions to the City of Auburn Capital Facilities Plan and a
comment letter provided by the Federal Way School District regarding the 2014 Federal Way
School District Capital Facilities Plan.
PLANNING COMMISSION MEETING MINUTES October 22, 2013
Page 2
The Planning Commission and staff discussed the City of Auburn commercial zoning minimum lot
size and the property on Auburn Way S and Hemlock ST SE.
III. ADJOURNMENT
There being no further business to come before the Planning Commission for the Special Work
Session, Chair Roland adjourned the special work session at 6:54 p.m.
____________________________________________________________
REGULAR MEETING
I. CALL TO ORDER
Chair Roland called the regular meeting to order at 7:00 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 Roland, Vice-Chair Copple, Commissioner Baggett,
Commissioner Mason, Commissioner Trout, Commissioner Couture, and Commissioner Smith,
and Commissioner Pondelick.
Staff present included: Planning and Development Director Nancy Welch, Planning Services
Manager Elizabeth Chamberlain, Principal Planner Jeff Dixon, Assistant City Attorney Doug Ruth,
Financial Analyst Consuelo Rogel, and Planning Secretary Tina Kriss.
Audience members present: Paul Cyr of Barghausen Consulting Engineers, Inc., Roger Lee,
Bonnie Tiangsing, Bob Kenworthy of the Auburn School District, John Tippins, Lorenna Tippins,
Coni Orvis, Del Goad, and David Hunnicutt.
II. APPROVAL OF MINUTES
A. August 20, 2013
Staff informed the Planning Commission the following scriveners’ errors have been updated
on the August 20, 2013 minutes:
Page 2, Item II Adjournment – Chair Backus has been changed to Chair Roland
Page 3, Item IV Public Comment - “hear” should be “hearing”.
Page 5, Item VI C – An “n” was added to Planner and unanimously was removed.
Vice-Chair Copple moved and Planning Commissioner Mason seconded to approve the
minutes from the August 20, 2013 meeting as corrected.
MOTION CARRIED UNANIMOUSLY. 8-0
III. PUBLIC COMMENT
Chair Roland invited members of the audience to come forward to discuss any item not listed on
the agenda for discussion or public hearing:
Bonnie Tiangsing, 29609 57th Place S, Auburn, Washington
Ms. Tiangsking stated she represents her neighbors and has been a resident of Auburn for 25
years. She thanked the Planning Commission for their time and on behalf of the neighbors
PLANNING COMMISSION MEETING MINUTES October 22, 2013
Page 3
wanted to express their concerns of a new transfer station King County is pursuing zoned M2,
Heavy Industrial. The current zoning for the proposed property is M1, Light Industrial. Ms.
Tiangsing stated there is a substantial amount of traffic and if the new transfer station is built it
will depreciate the area residential property values and general quality of life for the home
owners. The traffic flow in the area will be increasingly congested due to additional traffic.
The residents she is speaking on behalf of would like the current transfer station in Algona to
continue operations in place of building a new facility. Ms. Tiangsing and her neighbors believe
there will be no additional revenue for the City of Auburn but that the new transfer station would
bring additional traffic, wetland, and flood plain issues. They would like the designation to
continue to serve small businesses and farm land.
IV. PLANNING DEPARTMENT REPORT
Planning Services Manager Elizabeth Chamberlain explained the City of Auburn has been
selected by the American Planning Association (APA) to participate in their program
“Comprehensive Plan Standards for Sustaining Places”. Auburn is one of 10 cities nationally
selected to be part of the program. As a participant of the program, the City of Auburn will
provide a role in influencing national planning policy as part of this effort. Seattle was the other
City selected along with others in the mid-west and south. This effort is not about “recycling” but
an effort to create a sustaining City (a vibrant place to live with parks and recreation, roads, a
vibrant economy, and other foundational elements to provide a sustaining city).
Ms. Chamberlain explained the Month of October is “National Planning Month” and she
thanked the Planning Commission for their work. The Ground breaking for the Trek
Apartments was Thursday, October 10, 2013. The Outlet Collection held their grand
opening Thursday, October 17, 2013. The Teutsch Partners Purchase and Sales
Agreement is almost complete, the City is working through a land exchange with JP
Morgan Chase & Co. and thereafter will be able to wrap up the Purchase and Sales
Agreement.
V. PUBLIC HEARING
A. 2014 Annual Comprehensive Plan Amendments
Principal Planner Jeff Dixon reviewed the background of the Comprehensive Plan of the City
of Auburn. The City of Auburn adopted amendments to its Comprehensive Plan in 1995 in
response to the Washington State Growth Management Act (GMA) requirements, as
amended. Since then the Auburn Comprehensive Plan has been amended annually.
Principal Planner Dixon brought forward the following amendments for Public Hearing:
CPA13-0003 – CPM #1, Auburn WY S & Hemlock ST SE (City Initiated Map Amendment)
Principal Planner Jeff Dixon provided an overview CPM #1, to amend Map No. 14.1 for a
City-initiated change in the designation of three parcels developed with single family
residences totaling 1.76 acres on the north side of Auburn WY S and east of Hemlock ST SE
(Parcel # 2815000020, 2815000010 & 2121059073) from "High Density Residential" to "Light
Commercial" for future rezoning. The designations are being re-evaluated in light of the
surrounding development, evolving land use pattern, and City's planned widening of Auburn
WY S.
PLANNING COMMISSION MEETING MINUTES October 22, 2013
Page 4
This city-initiated proposal consists of changing the designation of the following three
contiguous properties:
• 3202 Auburn WY S, Parcel # 2815000020, 0.19 acres owned by John Tippins
• 3210 Auburn WY S, Parcel # 2815000010, 0.51 acres owned by Coni Orvis
• 3216 Auburn WY S, parcel # 2121059073, 1.06 acres owned by Khanh Tran
Chair Roland opened the public hearing at 7:12 p.m. on CPA13-0003, CPM #1 - Auburn WY
S & Hemlock ST SE.
Mr. Dixon then reviewed each of the map amendments, the zoning history, and staff’s
recommendations.
Chair Roland invited members of the audience forward for public comment on
CPM #1- Auburn WY S & Hemlock ST SE
Connie Orvis, 3210 Auburn Way S, Auburn, Washington
Ms. Orvis stated she is the property owner of Parcel No. 2815000010. She stated that since
2009 the traffic has increased significantly, making it difficult to enter and exit her driveway.
Ms. Orvis stated she would like to be treated consistent with the neighboring properties zoned
light commercial in order to gain the best use of her property.
With no other comments from the public, Chair Roland closed the public hearing on CPA13-
0003, CPM #1 – Auburn WY S & Hemlock ST SE at 7:31 p.m. and opened deliberations.
Vice-Chair Copple moved and Planning Commissioner Smith seconded to recommend
inclusion of CPM #1 of CPA13-0003, Map Amendment to Map No. 14.1 into the City’s
Comprehensive Plan.
MOTION APPROVED UNANIMOUSLY. 8-0
Comprehensive Plan Policy/Text Amendments
CPA13-0003 – P/T #1, Auburn School District Capital Facilities Plan
Principal Planner Jeff Dixon provided an overview of the Policy/Text Amendments #1 through
#4. Mr. Dixon stated staff’s recommendations are to recommend approval of Policy/Text
amendments P/T #1 thru 4, inclusion into the City’s Comprehensive Plan Amendments.
Chair Roland opened the public hearing for P/T #1, CPA13-0003 Auburn School District
Capital Facilities Plan, at 7:42 p.m.
Bob Kenworthy, Assistant Public Director for the Auburn School District, 915 4TH St. SE,
Auburn, Washington.
Mr. Kenworthy stated the Auburn School District has provided the City with its annually
updated Capital Facilities Plan (CFP) covering 2013-2019. The CFP was adopted by the
Auburn School District School Board on May 28, 2013. With an increase of developments in
the area additional students will be generated for the school district.
PLANNING COMMISSION MEETING MINUTES October 22, 2013
Page 5
Mr. Kenworthy discussed the various projections included within the 6 year window for the
Auburn School District Capital Facilities Plan. A review of the Auburn School District’s
updated Capital Facilities Plan indicates the District is requesting a change in the fee
obligations. The fee for single-family dwellings is proposed to be $5,398.93, a decrease of
$112.76 and for multiple-family dwellings the requested fee is $3,387.84, an increase of
$7.58.
Chair Roland closed the public hearing for P/T #1, CPA13-0003, Auburn School District
Capital Facilities Plan 2013-2019 at 7:50 p.m. and opened deliberations.
Vice-Chair Copple moved and Commissioner Baggett seconded to recommend inclusion of
P/T #1, CPA13-0003, Auburn School District Capital Facilities Plan 2013-2019, into the City’s
Comprehensive Plan.
MOTION APPROVED UNANIMOUSLY. 8-0
CPA13-0003 – P/T #2, Dieringer School District Capital Facilities Plan
Chair Roland opened the public hearing for P/T #2, CPA13-0003 Dieringer School District
Capital Facilities Plan 2014-2019, at 7:51 p.m.
Staff is recommending the Planning Commission action is incorporation of the Dieringer
School Districts Capital Facilities Plan into the City’s Comprehensive Plan.
Chair Roland closed the public hearing for P/T #2, CPA13-0003, Dierenger School District
Capital Facilities Plan 2014-2019 at 7:51 p.m. and opened deliberations.
Commissioner Smith moved and Commissioner Trout seconded to recommend inclusion of
P/T #2, CPA13-0003, Dierenger School District Capital Facilities Plan 2014-2019, into the
City’s Comprehensive Plan.
MOTION APPROVED UNANIMOUSLY. 8-0
CPA13-0003 – P/T #3, Federal Way School District Capital Facilities Plan
Chair Roland opened the public hearing for P/T #3, CPA13-0003 Federal Way School
District Capital Facilities Plan 2014, at 7:53 p.m.
Staff is recommending Planning Commission action is incorporation of the Federal Way
School Districts Capital Facilities Plan into the City’s Comprehensive Plan.
Chair Roland closed the public hearing for P/T #3, CPA13-0003, Federal Way School District
Capital Facilities Plan 2014 at 7:51 p.m. and opened deliberations.
Vice-Chair Copple moved and Commissioner Trout seconded to recommend inclusion of P/T
#3, CPA13-0003, Federal Way School District Capital Facilities Plan 2014, into the City’s
Comprehensive Plan.
MOTION APPROVED UNANIMOUSLY. 8-0
CPA13-0003 – P/T #4, Kent School District Capital Facilities Plan
PLANNING COMMISSION MEETING MINUTES October 22, 2013
Page 6
Chair Roland opened the public hearing for P/T #4, CPA13-0003 Kent School District Capital
Facilities Plan 2013-2014 and 2018-2019, at 7:54 p.m.
Staff is recommending Planning Commission action is incorporation of the Kent School
Districts Capital Facilities Plan into the City’s Comprehensive Plan.
Chair Roland closed the public hearing for P/T #4, CPA13-0003, Kent Way School District
Capital Facilities Plan 2013-2014 and 2018-2019, at 7:54 p.m. and opened deliberations.
Vice-Chair Copple moved and Commissioner Trout seconded to recommend inclusion of P/T
#4, CPA13-0003, Kent School District Capital Facilities Plan 2013-2014 and 2018-2019, into
the City’s Comprehensive Plan.
MOTION APPROVED UNANIMOUSLY. 8-0
CPA13-0001 – CPM #2, Wesley Homes Lea Hill LLC Comprehensive Plan Map
Amendment
Principal Planner Jeff Dixon provided an overview of CPM #2, Wesley Homes Lea Hill LLC
Map Amendment to Map No. 14.1 – Map requested by Wesley Homes Lea Hill, LLC is to
change the designation of existing developed site and two adjacent parcels located south of
SE 320th ST, between 108th and 110th AVE SE of approximately 18.65 acres (Parcel No. s
1721059007, 1721059253 & 1721059109). The applicant seeks to change designating of
their contiguous parcels from “Single Family Residential” to “Public and Qasi-Public” to
facilitate subsequent rezoning to accommodate future expansion of existing assisted living
facility.
Staff’s recommendation is Planning Commission to recommend inclusion of CPM #2, CPA13-
0001, Wesley Homes Lea Hill LLC Map Amendment to Map No. 14.1 into the City’s
Comprehensive Plan.
Chair Roland opened the public hearing for CPM #2, CPA13-0001, Wesley Homes Lea Hill
LLC Map Amendment to Map No. 14.1, at 8:13 p.m.
Paul Cyr of Barghausen Consulting Engineers, Inc.
Mr. Cyr stated that Wesley homes has provided a senior assisted living facility since building
completion in 2006. The current site has cottages and apartments, the two additional parcels
abutting the original site would allow an additional 36 bed skilled nursing facility for those in
need of more assistance and help as they age. The redesignation to “Public and Quasi-
Public” would allow the 36 bed facility.
The existing facility was originally designated R2 zoning and then changed to a R7
designation. When the City changed the designation to R7 zoning it made the existing
development, finished in 2006, non-conforming because R7 does not allow senior living
facilities to be built. With the previous zoning of R2 the 36 bed facility would have been
allowed, because the City redesignated the zoning to R7 is not allowed under the current
zone and Comprehensive Plan. On behalf of Wesley Homes, the agent, is asking for the
redesignation and support from the Planning Commission. Staff is supportive of the proposal
on behalf of Wesley Homes Mr. Cyr thanked Principal Planner Jeff Dixon for his work.
Kevin Anderson, President of Wesley Homes, 36045 3rd Avenue S, Federal Way, Washington
PLANNING COMMISSION MEETING MINUTES October 22, 2013
Page 7
Mr. Anderson emphasized the need to redesignate the property zoning in order to build a 36
bed facility to maximize the use of the property. They do not intend to expand further.
Chair Roland closed the public hearing on CPM #2, CPA13-0001, Wesley Homes Lea Hill
LLC Map Amendment to Map No. 14.1, at 8:19 p.m. and opened deliberations.
Commissioner Copple moved and Commissioner Smith seconded to recommend inclusion of
CPM #2, CPA13-0001, Wesley Homes Lea Hill LLC Map Amendment to Map No. 14.1, into
the City’s Comprehensive Plan.
MOTION APPROVED UNANIMOUSLY. 8-0
CPA13-0002 – CPM #3, Fonpee LLC & E. Stanberry Comprehensive Plan Map
Amendment
Principal Planner Dixon provided a brief overview of CPM #3, CPA13-0002 Map Amendment
to Map No. 14.1 – Map Amendment requested by two adjacent property owners; Fonpee LLC
and E. Stanberry of property located at the NW corner of 37th ST NW and W Valley HWY of
approx. 2.10 acres (Parcel Nos. 0221049077 & 0221049098). The amendment is to change
designations of a portion of the parcels from 'Heavy Commercial' to 'Light Industrial' to
facilitate subsequent rezoning and to eliminate split designations of each parcel and
accommodate future potential development.
Staff’s recommendation is Planning Commission to recommend inclusion of CPM #3, CPA13-
0002 Map Amendment to Map No. 14.1 into the City’s Comprehensive Plan.
Chair Roland opened the public hearing for CPM #3, CPA13-0002, Fonpee LLC & E.
Stanberry Map Amendment to Map No. 14.1, at 8:32 p.m.
Bonnie Tiangsing, 29609 57th Place S, Auburn, Washington
Ms. Tiangsing stated that she is a resident in the area and that a designation of the property
from “Light Industrial” to “Heavy Commercial” to increase potential small business revenues
and minimize the chance of a King County transfer station being located in the vicinity.
Chair Roland closed the public hearing on CPM #3, CPA13-0002, Fonpee LLC & E.
Stanberry Map Amendment to Map No. 14.1, at 8:34 p.m. and opened deliberations.
Commissioner Smith moved and Vice-Chair Copple seconded to recommend inclusion of
CPM #3, CPA13-0002, Fonpee LLC & E. Stanberry Map Amendment to Map No. 14.1, into
the City’s Comprehensive Plan.
MOTION APPROVED UNANIMOUSLY. 8-0
At 8:36 p.m., Chair Roland recessed the meeting for the Planning Commission Members to
take a short break.
Chair Roland reconvened the meeting at 8:41 p.m.
CPA13-0003 – CPM #5, Incorporate City of Auburn 6-year Capital Facilities Plan 2014-
2019
PLANNING COMMISSION MEETING MINUTES October 22, 2013
Page 8
Principal Planner Jeff Dixon provided the staff report for CPA13-0003, CPM #5, City of
Auburn Capital Facilities Plan, 2014-2019.
Principal Planner Dixon reviewed the amendments to CPM #5, CPA13-0003 City of Auburn
6-year Capital Facilities Plan 2014-2019.
With no public present for comment Chair Roland opened and closed the public hearing at 8:47
p.m. on CPM #5, CPA13-0003, City of Auburn 6-year Capital Facilities Plan 2014-2019 and
opened deliberations.
Commissioner Couture moved and Commissioner Trout seconded to recommend inclusion of
CPM #5, CPA13-0003, and City of Auburn 6-year Capital Facilities Plan 2014-2019 into the
City’s Comprehensive Plan Amendments as provided as amended per the written materials
provided this evening.
MOTION APPROVED UNANIMOUSLY. 8-0
CPA13-0003 – CPM #6, City of Auburn Comprehensive Plan Amendment to Revise
Chapter 3 (Land Use), Chapter 8 (Economic Development) and Chapter 14
(Comprehensive Plan Map)
Chair Roland opened the public hearing on CPA13-0003, CPM #6, the City’s to revise
Chapter 3 (Land Use), Chapter 8 (Economic Development), and Chapter 14 (Comprehensive
Plan Map), at 9:04 p.m.
Principal Planner Jeff Dixon reviewed CPM #6, CPA13-0003 City of Auburn Comprehensive
Plan Amendment to revise portions of three chapters of the City’s Comprehensive Plan for
the same purpose of revising the discussion of the emphasis of industrial uses.
• Revise Chapter 3 – ‘Land Use’
o Revise pages 3-34 through 3-35 and Page 3-39 related to emphasis of
industrial uses.
• Revise Chapter 8 – ‘Economic Development’
o Revise pages 8-9 through 8-11 related to emphasis of industrial uses.
• Revise Chapter 14 – ‘Comprehensive Plan Map’
o Revise page 14-15 related to emphasis of industrial uses.
With no public present for comment, Chair Roland closed the public hearing at 9:23 p.m. and
opened deliberations.
Vice-Chair Copple moved and Commissioner Couture seconded to recommend inclusion of
CPA13-0003, CPM #6, City of Auburn Comprehensive Plan Amendment to revise Chapter 3
(Land Use), Chapter 8 (Economic Development), and Chapter 14 (Comprehensive Plan Map)
into the City’s Comprehensive Plan Amendments.
MOTION APPROVED UNANIMOUSLY. 8-0
VI. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 9:30 p.m.
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MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Ron Copple, Vice-Chair, Planning Commission
Planning Commission Members
CC: Mayor Lewis
Jeff Tate, Interim Planning and Development Director
Elizabeth Chamberlain, AICP, Planning Services Manager
FROM: David L. Jones, AICP, Senior Planner
DATE: December 3, 2013
RE: RECREATIONAL MARIJUANA: Overview, Work to Date, and Next Steps
Overview
On November 6, 2012, the people of the State of Washington voted to pass State Initiative 502
(I-502) allowing the State to license and regulate marijuana production, distribution, and
possession for persons over 21; as well as remove the state law criminal and civil penalties for
activities it authorizes. The initiative allowed the Washington State Liquor Control Board
(WSLCB) to write the rules, or implementation details, of the new “seed to sale” system. These
activities are licensed by the State under Revised Code of Washington (RCW), Sections
69.50.325 - .369 as well as RCW Chapter 69.51A and/or the Washington Administrative Code
(WAC), Chapter 314-55.
I-502 also established three (3) tiers or types of licenses: marijuana producer, marijuana
processor, and marijuana retailer. No licensee can have all 3 types of licenses, but may hold a
producer and processor license simultaneously. There is no set limit for the number of licenses
for producers or processors; however, there is a capped limit on the number of retail licenses
that are allowed per jurisdiction.
• Statewide: 334 licenses
• King County: 61 licenses
• Pierce County: 31 licenses
• Auburn: 2 licenses
As of November 18, 2013, the WSLCB began accepting license applications and began
processing those applications on November 20, 2013.
In an effort to minimize the impacts to the City, further regulation of these uses are
recommended beyond the State requirements. These uses should be limited where such a use
would be compatible with the scope of existing uses and have minimal impacts to the overall
quality of the City.
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On September 16, 2013 the City of Auburn passed a moratorium (Resolution No. 4992) on the
acceptance or processing of application for business licenses and other licenses, permits, and
approvals for marijuana/cannabis related business or uses. This moratorium was established to
act as a stop-gap measure in order to 1) provide the City with an opportunity to study the issues
concerning the siting of such State licensed marijuana/cannabis related businesses and prepare
appropriate revisions to the City’s codes and regulations, and 2) protect the health, safety, and
general welfare of the citizens of Auburn by ameliorating negative impacts of
marijuana/cannabis related businesses.
As part of the Work Plan as established in Section 5B of the moratorium, the City’s Planning
and Legal departments have engaged in a collaborative research and analysis effort of
applicable materials that relate to the passage of I-502.
Some general regulations for all marijuana license types as established by the State:
• All licensees and financiers must pass a background check and must have legally been
a resident of Washington State for a minimum of 3 months prior to application.
• Licenses are not transferable.
• For partnerships, cooperatives, associations and other like entities, all members shall be
qualified to obtain a license.
• No employee under the age of 21.
• Cannot be located within 1,000 feet of any elementary/secondary school, playground,
recreation center or facility, child care center, public park, public transit center, library, or
a game arcade not restricted to proprietors 21 years or age or older.
• Advertisement and product display locations.
• Maximum signage: 1 sign not to exceed 1,600 square inches (11 square feet).
• Maximum amounts of useable (1oz); solid infused (16oz); liquid infused products (72oz).
• Home grown marijuana for recreation use is illegal; all recreational marijuana must be
purchased from a state-licensed retailer.
• It is illegal to open or consume marijuana or a marijuana infused product in view of the
general public.
• Will not issue a license for a marijuana business in a personal residence.
The above list of regulations is not all inclusive and only calls out those items which have been
found to be higher priority by City staff.
Work to Date
1. Planning and Legal staff has reviewed RCW Sections 69.50.325 - .369, RCW Chapter
69.51A, and WAC Chapter 314-55, as well as the efforts of other municipalities in the
south sound area.
2. Staff has reviewed the location restrictions as provided in I-502 and has created a map
exhibit of the remaining areas of the City where State licensed marijuana activities could
potentially locate.
3. Contacted the WSLCB directly to gain information regarding intent to supersede local
zoning authority.
4. Planning and Legal staff have collaborated on three (3) initial options for regulating State
licensed marijuana activities within the City limits.
Page | 3
Discussion
Staff is bringing forward three (3) options for discussion on concepts that accomplish the goal of
regulating State licensed marijuana uses within the City of Auburn corporate boundary. The
concept is to create a set of regulations and criteria that properly addresses the concerns of the
City of Auburn, and its Citizens while maintaining compliance with the intent of State law.
Option 1:
Direction: Amend current ACC to prohibit the production, processing, and retailing of
recreational marijuana in the City.
General Elements:
1. Amend ACC Chapter 9.22 to add a new subsection that bans all State licensed marijuana
uses.
NOTE: There is a pending case currently before the State Supreme Court regarding the
outright ban of State licensed marijuana uses in the City of Kent.
Option 2:
Direction: Amend current ACC Chapter 5.10 to add a new subsection that details exceptions to
City licensing requirements.
General Elements:
1. Establish exceptions to marijuana activities that are licensed by the State.
2. Removes any possible City violations to the Federal Controlled Substances Act; specifically,
aiding and abetting a Schedule I controlled substance.
Option 3:
Direction: Develop and adopt land use (zoning) regulations for State licensed marijuana uses.
General Elements:
1. Ensures minimal negative effect on the overall health, safety and general welfare of the City
while maintaining that the majority of responsibility for use compliance still falls under the
realm of the State.
2. Limit such licensed activities to zones that are compatible with such uses.
3. Adopt by reference RCW 69.50.101 which defines marijuana related elements and activities.
4. Amendments to ACC Chapters 18.23, Commercial and Industrial Zones, 18.29, DUC
Downtown Urban Center District; 18.35, Special Purpose Zones. Revisions would include,
but not limited to, license requirements, enforcement, definitions, allowed use matrices, and
development standards.
5. Such amendments will require public hearings before the Planning Commission.
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Staff has outlined the following questions for the Planning Commission to discuss and provide
feedback to staff:
1. Options 2 - 3 can stand alone or be combined depending on the level of additional
regulation the City wishes to implement in the code, and would like feedback from the
Commission on the approach best suited to the stated purpose.
2. Is there other information that would be helpful for the Commission as they consider these
options as presented?
3. Should staff look into additional items to consider as part of code amendments such as odor
or buffering requirements beyond what the state requires?
Attachments:
Attachment A - State Initiative 502 (I-502)
Attachment B - RCW Sections 69.50.325 - .369
Attachment C - RCW Chapter 69.51A
Attachment D - WAC Chapter 314-55
Attachment E - Jurisdictional Comparison Table
Neighboring Jurisdictional Overview
Recreational Marijuana Efforts
Jurisdiction Moratorium
Regulations
Proposed or
Adopted Retail Zones Producer Zones Processer Zones Other Regulations Other Restrictions Notes
Kent No Banned n/a n/a n/a n/a n/a Case is currently before the WA
State Supreme Court
Issaquah Yes (6 months)Proposed
Professional
Office, Intensive
Commercial, Retail
Industrial,
Intensive
Commercial
Industrial,
Intensive
Commercial
Not permitted as
home occupation
Growing restrictions to indoors
only, not allowed as an
accessory use
Enacted Sept. 2013
Renton Yes (6 months)In Progress n/a n/a n/a n/a n/a Enacted Nov. 2013
Puyallup Yes (6 months)In Progress n/a n/a n/a n/a n/a Enacted Oct. 2013
Federal Way Yes (1 year)In Progress n/a n/a n/a n/a n/a Enacted Nov. 2013
Retail limited to 7,000SF in C-1,
Version 1 Last Updated 12.04.2013
Tacoma No Proposed
C-1, C-2, HM, PDB,
NCX, CCX, UCX,
UCX-TD, CIX, HMX
M-2, PMI M-2, PMI
producer/process
or uses prohibited
from downtown
districts. Retailer is
allowed
Retail limited to 7,000SF in C-1,
C-2, HM, PDB, NCX, CCX, UCX,
UCX-TD, CIX, HMX, PMI zones;
Retail limited to 10,000SF
within the S. Tacoma M/IC
Overlay District in M-2; and
15,000SF in M-1
King County No Proposed
Neighborhood
Business,
Community
Business, Regional
Business
Agricultural &
Rural Area
Agricultural &
Rural Area
Indoor & outdoor
growing and
processing
grouped together
No
Pierce County Yes (6 months)In Progress n/a n/a n/a n/a n/a Enacted July 2013
Version 1 Last Updated 12.04.2013