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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. Page | 1 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. Page | 2 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. Page | 4 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