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
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140TH AVE E
136TH AVE E
S 272ND ST
124TH AVE SE
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SE 272ND ST
S 2 7 7 T H S T
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AUBURN-BLACK DIAM ON D R D S E
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S 288TH ST
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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
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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
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51ST AVE S
118TH AVE SE
GREENRIVERRDSE
N ST NE
W ST NW
S 287TH ST
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62ND S T S E
S30 0 T H P L
44TH ST NW
S331S T S T
144TH
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EV E R G R E E N W A Y SE
D ST NE
F ST SE
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DOGWOOD ST SE
MONTEVISTADRSE
BRIDGET AVE SE
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B ST SE EST
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EAST BLVD (BOEING)
FOSTER AVE SE
JOHNREDDINGTONRDNE
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140TH AVE SE
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52ND AVE S
47TH ST SE
56TH ST SE
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26TH ST SE
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36 T H ST S E
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58TH AVE S
20TH ST SE
108TH AVE SE
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15TH ST SE
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104TH AVE SE
19TH S T S E
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21ST ST SE
33RD ST SE
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59TH AVE S
133RD AVE SE
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JASMINE AVE SE
KATHERINE AVE SE
S 307TH ST
66TH AVE S
1ST ST SE
SE 304TH PL
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S 328TH ST
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6
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67TH CT SE
65TH S T SE
58TH
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S 326TH LN
43RD ST NE
Q ST NE
54T
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N ST NE
17TH S T SE
R ST NE
5
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1 7 T H S T S E
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S 292ND ST
S 288TH ST
56TH AVE S
118TH AVE SE
108TH AVE SE
59TH AVE
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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)