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HomeMy WebLinkAbout03-04-2014 PLANNING COMMISSION AGENDA PACKET 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 March 4, 2014 AGENDA I. CALL TO ORDER – 7:00 p.m., Council Chambers II. ROLL CALL/ESTABLISHMENT OF QUORUM III. APPROVAL OF MINUTES A. February 4, 2014 IV. PUBLIC COMMENT Comment from the audience on any item not listed on the agenda for public hearing. V. PLANNING DEPARTMENT REPORT Update on Planning and Development Department activities. VI. OTHER BUSINESS A. Recreational Marijuana* (Jones) Summary: Review and discuss proposed options for regulating State licensed marijuana uses in the City. VII. AD JOURNMENT DRAFT PLANNING COMMISSION February 4, 2014 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 Auburn City Hall, 25 West Main Street, Auburn, WA. II. ROLL CALL/ESTABLISHMENT OF QUORUM Planning Commission Members present were: Chair Judi Roland, Vice-Chair Copple, Commissioner Couture, Commissioner Mason, Commissioner Baggett, Commissioner Pondelick, and Commissioner Smith. Staff present included: City Attorney Dan Heid, Planning Services Manager Elizabeth Chamberlain, Principal Planner Jeff Dixon, and Planning Secretary Tina Kriss. Members of the public present were: Kahn Tran, Coni Orvis, Del Goad, and Senior Project Engineer Jacob Sweeting. APPROVAL OF MINUTES A. January 22, 2014 Staff pointed out two scrivener’s errors that have been corrected in the January 22, 2014 minutes. Commissioner Pondelick was added to Roll Call and the word “a” has been removed from the second line of the last paragraph, page 2. Commissioner Copple moved and Commissioner Mason seconded to approve the minutes from the January 22, 2014 meeting as corrected. Motion carried unanimously. 7-0 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 Services Manager Elizabeth Chamberlain provided the following updates: Green River Community College has begun their Student Life Project. As part of the project, 5 buildings will be demolished and a student life building will be constructed. The pre-construction meeting will be held Wednesday, February 5, 2014, with construction starting within two weeks. Ms. Chamberlain reviewed the new webpage for the “Imagine Auburn” visioning work that has begun as part of the Comprehensive Plan update. The logo, “Imagine Auburn, Dream today, Shape tomorrow” will be used on all the materials published for the update. The webpage can be found at www.auburnwa.gov/imaineauburn, a dedicated PLANNING COMMISSION MEETING MINUTES February 4, 2014 Page 2 page where a community questionnaire will be posted in the next several days. An invitation has also been sent out to the City’s GovDelivery list serve about neighborhoods hosting workshops or having the city staff visit Homeowners Association meetings in February and March if requested. A dedicated email has also been established at imagineauburn@auburnwa.gov The foundation, or pier supports for the Trek building are completed, they will begin constructing the next phase of the project. V. PUBLIC HEARING A. City-Initiated Rezone (Zoning Code map Amendment, Auburn Way S and Hemlock ST SE) Principal Planner Jeff Dixon explained that the City identified the Comprehensive Plan Map Amendment and associated step of rezoning these two parcels as part of the items for consideration for the annual Comprehensive Plan amendments. This City-initiated proposal consists of changing the designation of the following two contiguous properties: • 3210 Auburn Way S, Parcel # 2815000010, 0.51 acres owned by Coni Orvis • 3216 Auburn Way S, parcel # 2121059073, 1.06 acres owned by Khanh Tran The combined land area of the two subject parcels is approximately 1.56 acres. The requested rezone change, is from the “R5, Residential” to “C1, Light Commercial” zone. Principal Planner Dixon reviewed the related comprehensive plan amendment and rezone process and a staff analysis of the City-Initiated Rezone with the criteria. On December 2, 2013, the City Council approved Ordinance No. 6489 changing the Comprehensive Plan designation of the subject properties to “Light Commercial”. Rezoning the subject property from “R5, Residential” to “C1, Light Commercial” will align the zoning district to the already changed Comprehensive Plan designation. The zoning change will assist in implementing these goals benefitting the community and general welfare to meet community and growth management goals as noted in Chapter 3, “Land Use”, and Chapter 14, “The Comprehensive Plan Map”. Based upon the application, Findings of Fact, and Conclusions of the staff report, Principal Planner Dixon stated staff recommends that the Planning Commission recommend to the City Council approval of the rezone without conditions. The Commission and staff discussed the Tippin’s property, next to the properties subject to the rezone proposal, and the zoning of the Tippin’s property. Chair Roland opened the public hearing on the City-Initiated Rezone, REZ13-0004, at 7:29 p.m. Coni Orvis, 3210 Auburn Way S, Auburn PLANNING COMMISSION MEETING MINUTES February 4, 2014 Page 3 Ms. Orvis stated she supported the change in zone for the future sale of her property. She asked the question, if she was occupying her property as residential but the zoning change went through as commercial, would her property taxes be impacted. Staff explained that taxation is set by the county and the City is not involved in those assessments. If a change is made, there is a process to appeal tax assessments through the county. Ms. Orvis stated she is thankful for the Planning Commission’s time and would appreciate the zoning change to commercial. With no other comments from the public Chair Roland closed the public hearing on the City-Initiated Rezone, REZ13-0004 at 7:29 p.m. Commissioner Copple moved and Commissioner Smith seconded moving the City- Initiated Rezone, REZ13-0004, to full Council for approval. Commissioner Couture asked if the Tippin’s property could be included in the rezone. City Attorney Heid explained that the Planning Commission could include the Tippin’s property within the recommendation but it would not be necessary given the property is currently compatible with any use needed by the City, should the City obtain the property. Motion approved. 6-1 Commissioner Couture voted no. The next Planning Commission meeting will be held March 4, 2014. VI. ADJOURNMENT There being no further business to come before the Planning Commission, Chair Roland adjourned the meeting at 7:41 p.m. Page | 1 MEMORANDUM TO: Judi Roland, Chair, Planning Commission Ron Copple, Vice-Chair, Planning Commission Planning Commission Members CC: Mayor Nancy Backus Jeff Tate, Assistant Director, Community Development Services Elizabeth Chamberlain, AICP, Planning Services Manager FROM: David L. Jones, AICP, Senior Planner DATE: March 4, 2014 RE: RECREATIONAL MARIJUAN A (CANNABIS) cont. discussion Overview On January 22, 2014, City Planning and Legal staff presented additional review and analysis materials for the Planning Commission regarding State Initiative 502 (I-502) which allows the State to license and regulate cannabis production, processing, distribution, and possession for persons over 21. As part of the continued discussion of these materials, the Planning Commission identified a need for additional information. The following items were identified by the Commission as needing additional analysis: 1. Additional analysis of cannabis waste disposal, specifically amounts allowed on-site 2. Matrix of zoning for those zones that would allow cannabis use 3. Cannabis related arrest data 4. Example of review/processing of State licensed cannabis uses 5. Revise map showing areas of the City where licensed cannabis uses can locate based on the 1,000-foot buffer requirement per WAC 314-55-050(10) Disposal The disposal of solid and liquid cannabis waste is covered in WAC Section 314-55-097. This section details the requirements that all 3 license types must follow regarding the disposal of cannabis waste. Further review of this WAC Section provided no additional information regarding the storage of marijuana waste product prior to mixing with either compost or refuse materials to comply with the mandated 50/50 mixture and that waste materials must be handled in accordance with the State Waste Handling Standards (WAC 173-350), as well as the requirements outlined in WAC Section 314-55-097. Current Zoning Overview for Cannabis Related Uses Please refer to Attachments A and B. Page | 2 Cannabis Related Police Activity The numbers below reflect the City of Auburn Police Departments total number of cannabis related arrests for past three years. Year 2011: 177 cannabis related arrests Year 2012: 107 cannabis related arrests Year 2013: 16 cannabis related arrests These are arrestees where cannabis was present in the case. This does not mean that all of these arrestees were necessarily charged with cannabis related crimes. The drop-off in 2013 is most likely due to the anticipation of the new law and the changes that the prosecutor’s office made as a result. Process of Application per Options Provided At the December 3, 2013 Planning Commission meeting, staff presented three (3) options to the Commission for their consideration. At that meeting, it was requested that staff provide a pro/con analysis of the options based on feedback from the Commissioners at that meeting. During the January 22, 2014 Planning Commission meeting, staff presented the pro/con analysis for each of the three options to the Commission for their consideration. At that meeting, it was requested that staff prepare a draft of the City’s application review process for State licensed cannabis uses, detailing the process for each option. The following is a high level overview of the processes that would occur based on each option: Option 1: Prohibition of Cannabis Uses • Amendment to Auburn City Code (ACC) Chapter 9.22 prohibiting State licensed cannabis uses. • No approval action would be taken on any State license. All State licensed cannabis uses would be prohibited in the City. • Send the ACC Chapter section detailing the City’s prohibition language to the Liquor Control Board (LCB). Option 2: Comply with State Requirements Only • Amendment to ACC Chapter 5.10 detailing exceptions to City licensing requirements. • City would review applications received by the LCB for appropriateness and send findings to the LCB within 20 days. • City would not regulate beyond the scope of I-502, the WAC, or the RCW. • City would not approve any licenses that action would be at the State level; the City would just enforce compliance with State regulations. • Business could begin operation under the provisions of State law. Option 3: Adopt Additional City Zoning Requirements to State Requirements • Amendments to ACC Chapters 18.23, (based on current knowledge, Chapters to be amended could increase) • City would review applications received by the LCB for appropriateness and send findings to the LCB within 20 days. This review would include review of the additional regulating criteria as established in the ACC for State licensed cannabis related uses. Page | 3 • The City would treat the review and processing of cannabis related uses as it would any other permitted use in the City, including, but not limited to: business licensing, development regulations, zoning compliance, building code compliance, etc. • City could approve applications, issue permits and business licenses. • Business could begin operation if found to be in compliance with local and State regulations. NOTE: The major difference between Option 2 and Option 3 is that while both would result in cannabis uses/businesses being able to operate, under Option 2 the City is not granting any permits or approving any activity that is illegal under federal law. Under Option 3, the City would be granting approvals that would conflict with current federal law. Next Steps Staff anticipated bringing back to the Commission a recommendation on how to proceed forward at the April 8, 2014 meeting. Staff has outlined the following questions for the Planning Commission to discuss and provide feedback to Staff: 1. Based on the information provided, does the Commission wish to add elements to the Options as presented? 2. Are there any additional items the Commission wishes Staff to consider at this time? Attachments: Attachment A – Zoning Matrix Attachment B - Potential State Licensed Locations for Cannabis Uses State Licensed Cannabis Use Zones (Based on 1,000-foot Buffer Requirements per I-502) P = Permitted A = Administrative C = Conditional Use X = Not Permitted C1 C3 CN M1 M2 UNC Producer1 X P X P P X Producer2 X X X P P X Producer3 X X X X A X Processor1 X P X P P X Processor2 X A X P P X Processor3 X X X X A X Retailer4 P P A P P P Retailer5 P P P P X P 1Classified as LIGHT INTENSITY Manufacturing, Assembling and Packaging. 2Classified as MEDIUM INTENSITY Manufacturing, Assembling and Packaging. 3Classified as HEAVY INTENSITY Manufacturing, Assembling and Packaging. 4Retailers classified as Community Retail Establishments. 5Retailers classified as Groceries, Specialty Food Stores. TS18 TS18 TS167 S 277TH ST 24TH ST E SE 2 74 T H ST PACIFIC AVE S JOVITABLVDE ELLINGSON RD SW 132ND AVE SE SE 272ND ST 8TH ST E E A S T V ALL E Y H W Y 140TH AVE E 136TH AVE E S 272ND ST 124TH AVE SE WEST VALLEY HWY S M ILIT A R Y R D S W E S T V A L L E Y H W Y STEWART RD SW A ST SE W E S T V A L L E Y H W Y S SE 272ND ST S 2 7 7 T H S T WEST VALLEY HWY S 12TH ST E MILITARYRDS 182ND AVE E AUBURN-BLACK DIAM ON D R D S E 9THST E S 288TH ST 2 1 0 T H A V E E 16 T H S T E S272 N DWAY A U B U R N W A Y N M I L I T A R Y R D S A ST SE B ST NW AUBURN WAY S C ST SW I ST NE M ST SE AUBURN WAY N R ST SE 124TH AVE SE WEST VALLEY HWY N 132ND AVE SE S 277TH ST C ST NW 15TH ST SW W MAIN ST SE 304TH ST E M A IN S T LAKE T A P P S P K W Y S E 41ST S T S E 29TH ST SE SE 312TH ST 51ST AVE S KER SEYWAYSE 8T H ST NE 37TH ST NW LAK E L A N D H I L L S W A Y S E ORAVETZRDSE 104THAVE SE SE 320TH ST WESTVALLEYHWYS AUBURN-BLACKDIAMOND RD SE 112TH AVE SE P E A S L E Y C A N Y O N R D S EA ST VA L LE Y H W Y E SE 281ST ST 17TH ST SE 6TH ST SE 112TH AVE SE C ST NE 2ND ST E STUCK RIVER DR SE 53RD ST SE SE 288TH ST 37TH ST SE M ST NE 22ND ST NE 17TH ST SE S 296TH ST 25TH ST SE R ST NE PERIMETERRDSW 55THAVE S 56TH AVE S PACI FI C AVE S 51ST AVE S 118TH AVE SE GREENRIVERRDSE N ST NE W ST NW S 287TH ST SCENIC D R S E 62ND S T S E S30 0 T H P L 44TH ST NW S331S T S T 144TH AVE SE EV E R G R E E N W A Y SE D ST NE F ST SE C S T S E DOGWOOD ST SE MONTEVISTADRSE BRIDGET AVE SE G ST SE B ST SE EST SE EAST BLVD (BOEING) FOSTER AVE SE JOHNREDDINGTONRDNE 1 0 5 T H P L S E 140TH AVE SE MILLPONDDRSE 52ND AVE S 47TH ST SE 56TH ST SE S 305TH ST 57THPLS U S T N W E MAIN ST 51ST S T N E 26TH ST SE 3 5 T H W A Y S E SE 301ST ST S 3 0 0TH ST 5 0 T H S T S E O L I V E A V E S E 29TH ST NW AS T E VSTNW S297THPL 24 T H STSE HEMLOCK ST SE FORES T R I D G E D R S E 2 3 RD ST S E 22ND ST SE 36 T H ST S E G ST NE S 288TH ST HIGHLA N D D R S E SE282N DST 64TH AVE S 111THPL SE 4 9 T H S T N E 5 1ST S T S E 58TH AVE S 20TH ST SE 108TH AVE SE HI CREST DR NW 1 0 4 T H P L S E 16TH ST SE 13TH ST SE 2 4 T H S T N W 148TH AVE SE 7 3 R D S T S E 3 7 T H W A Y SE 57TH S T SE S 292 N D S T ELM ST SE SE312T H W A Y 52ND PL S L ST NE 15TH ST SE S 303RD PL 4 5T H S T NE 6 3 R D S T SE 104TH AVE SE 19TH S T S E S 302ND PL 21ST ST SE 33RD ST SE 61ST A V E S SE 307TH S T 55TH ST SE RANDALL AVE SE WARD AVE SE D PL SE SE 30 6TH S T 35TH S T SE SE302ND P L U C T N W 1ST ST N E 63RD PL S 59TH AVE S 133RD AVE SE 2 7 T H S T S E FIR ST SE JASMINE AVE SE KATHERINE AVE SE S 307TH ST 66TH AVE S 1ST ST SE SE 304TH PL O PL NE S 328TH ST S 32 9TH PL 6 0 T H P L S 67TH CT SE 65TH S T SE 58TH P L S S 326TH LN 43RD ST NE Q ST NE 54T H P L S F CT SE N ST NE 17TH S T SE R ST NE 5 7 T H P L S 1 7 T H S T S E F ST SE R S T N E S 292ND ST S 288TH ST 56TH AVE S 118TH AVE SE 108TH AVE SE 59TH AVE S 57TH ST SE 57TH ST SE M U C K L E S H O O TMUCKLESHOOTCASINOCASINO K E N TKENT K I N GKINGCOUN T YCOUNTY P A C I F I CPACIFIC P I E R C EPIERCECOUNTYCOUNTYSUMNERSUMNER A L G O N AALGONA E D G E W O O DEDGEWOOD Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Potential State Licensed Locations for Cannabis Uses City of Auburn C1 Light Comme rcial District C3 Heavy Commercial District CN Neighborhood Shopping District M1 Light Industrial District M2 Heavy Industrial Distr ict UNC Unclassified Use District Printed On: 2/26/2014Map ID: 4313 ¬ (After 1,000 foot Buffer Requirement)