HomeMy WebLinkAbout07-08-2014 PLANNING COMMISSION AGENDA PACKET1TY OF
WASHINGTON
PLANNING COMMISSION MEETING
July 8, 2014
AGENDA
I CALL TO ORDER — 7:00 p.m., Council Chambers
11. ROLL CALL /ESTABLISHMENT OF QUORUM
III. APPROVAL OF MINUTES
A. June 3, 2014
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. Comprehensive Plan Overview* (Chamberlain)
Summary: Provide an overview of the comprehensive plan and amendment process.
B. Recreational Marijuana* (David Jones)
Summary: Review and discuss proposed options for regulating State licensed
marijuana uses in the City.
VII. ADJOURNMENT
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.
ITY OF
WA S I..1 I IN C TON
DRAFT
T
PLANNING COMMISSION
June 3, 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.
11. ROLL CALL /ESTABLISHMENT OF QUORUM
Planning Commission Members present were: Chair Judi Roland, Vice -Chair Copple,
Commissioner Couture, Commissioner Mason, Commissioner Baggett, and
Commissioner Smith. Commissioner Pondelick is excused.
Staff present included: Planning Services Manager Elizabeth Chamberlain, City Attorney
Dan Heid, Senior Planner David Jones, and Community Development Secretary Tina
Kriss.
Members of the public present: Eric Gaston, Tome Nelson, Virginia Haugen, David
Allen, Timothy Edwards, James Blankenship, and D.H. Wolf.
111. APPROVAL OF MINUTES
A. May 6, 2014
Commissioner Mason moved and Commissioner Smith seconded to approve the
minutes from the May 6, 2014 meeting as written.
MOTION CARRIED UNANIMOUSLY 6 -0
IV. PUBLIC COMMENT
There were no public comments on any item not listed on the agenda for discussion or
public hearing.
V PLANNING DEPARTMENT REPORT
Planning Services Manager Elizabeth Chamberlain updated the Commission on ZOA14-
0002, zoning code amendment for Section 18.23., "Uses (of the Commercial and
Industrial Zones)" to change the use regulations applicable to warehousing and
distribution facility uses in the EP, Environmental Park zoning district and the M1, Light
Industrial Zoning district. At the May 6, 2014 meeting, the Commission recommended
moving zoning code Section 18.23.030 to full Council for approval with Footnote #1.
At the Planning and Community Development Committee meeting on May 27, 2014, the
Committee discussed ZOA14 -0002, amendments to Zoning Code Section 18.23., the
Committee determined they would go with an outright permitted (P) use in the EP district
PLANNING COMMISSION MEETING MINUTES June 3, 2014
with direction to discuss the EP district for refinements as part of the Comprehensive
Plan work.
On May 21, 2014, the City held a Vision Town Hall meeting in order to report back to the
community on the visioning theme and information collected throughout the Imagine
Process. The consultant is currently working on the visioning report and the report will
include recommendations for moving forward. The report will be provided to the
Planning Commission.
VI. OTHER BUSINESS
A. Recreational Marijuana
Senior Planner Jones provided an overview of the May 20, 2014 public workshop
results on 1 -502, Recreational Marijuana. After receiving information from the public
workshop, reviewing Initiative 1 -502 and all applicable State regulations. receiving a
popular vote of State of Washington and City of Auburn residents, Senior Planner
Jones stated it is staffs' recommendation that the Planning Commission move
forward with Option 2. Option 2 would allow State licensed marijuana use with no
further regulation.
The Commission and staff discussed the City's liabilities if Option 2 were selected. A
discussion was held as to a hybrid version of Option 2 that would create an Option 3.
Staff agreed that adding changes to Option 2 would result in an Option 3. The
absence of an Auburn Business License for those selling recreational marijuana as a
State License holder was discussed along with the State's currently plan of no
revenue sharing with regards to 1 -502.
The Commission asked if staff could provide draft language for Option 1 and Option
2 as proposed by staff for the affected sections of the Auburn City Code (ACC). Staff
confirmed that they will draft the code language for Option 1 and Option 2 to bring
back to the Commission for refinement.
VII. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:03 p.m.
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CITY OF % / / //o , / / / / / /O,
• it
WO 1i;
N'ASHINGTON
MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Ron Copple, Vice - Chair, Planning Commission
Planning Commission Members
CC: Jeff Tate, Assistant Director, Community Development Services
FROM: Elizabeth Chamberlain, AICP, Planning and Design Services Manager
DATE: July 2, 2014
RE: Comprehensive Plan Overview /Comprehensive Plan Update 101
Overview
RCW 36.70A contains provisions pertaining to compliance with the Growth Management Act
including preparation and update of a Comprehensive Plan that must plan for a minimum of 20
years of growth. Every county and city in the state is required to conduct a periodic update,
though the obligation varies depending on whether the jurisdiction is fully or partially planning.
Per state law, fully planning counties and cities must complete the periodic update for their
entire comprehensive plan and development regulations. "Fully planning" means that a city or
county must meet all GMA requirements, including adoption of a comprehensive plan and a
complete set of development regulations implementing the plan; this also includes the critical
areas ordinance. The City of Auburn is a fully planning city as are other cities in King County.
Many communities amend their comprehensive plan annually and regularly adopt changes to
the development regulations that implement them. In addition to these regular amendments,
GMA requires counties and cities to periodically conduct a thorough review of their plan and
regulations to bring them up to date with any relevant changes in the GMA and to respond to
changes in land use and population growth. This mandatory "periodic update" takes place for
most communities at least once every eight years and required to be completed June 30, 2015.
The "periodic" updating of a Comprehensive Plan is a significant work effort involving the City
Council, City Administration, the Planning Commission, community stakeholders, residents, and
businesses. GMA imposes a significant expectation of public involvement.
RCW 36.70A outlines what elements of the Comprehensive Plan are required. A City also has
the choice of whether to include optional elements in the comprehensive plan related to physical
development within the city. Here is outline of the required elements and the optional elements
Auburn has included:
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Required Elements
Optional Elements
Land Use
• Land Use Designations
• Density Ranges
• Population and Employment Growth
Projections
Historic Preservation
Housing
• Inventory
• Affordable Housing
• Accommodate Growth
Urban Design
Capital Facilities
• Water, Sewer, and Storm
• Public buildings /other facilities
• School Districts
Transportation
• Motorized
• Non - motorized
• Financial Plan
• Transit
• Level of Service
• Concurrency
Economic Development
• Goals for Economic Development
Parks and Recreation
• Parks facilities — existing and new
• Level of Service standards
• Arts
Utilities
• Private Utilities
Attachment:
Flow Chart State and Regional Requirements /Influences on the Comprehensive Plan Update
Process
For the Commission's information, links to the Countywide Planning Policies and Puget Sound
Regional Council Vision 2040.
http: / /www.psrc.orq /Growth /vision2040 /pub /vision2040- document/
King County CPPs http: / /www.kingcounty.gov /property /permits /codes /growth /GMPC /CPPs.aspx
Pierce County CPPs http:// www .co.pierce.waus /index.aspx ?nid =1781 (link at bottom of page)
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How State Requirements and Regional Documents Relate to Auburn's
Comprehensive Plan Update
State Requirements
Revised Code of Washington
(RCW) 36.70A
Required Chapters /Elements
of a Comprehensive Plan
RCW 36.70A.070:
• Land Use
• Housing
• Capital Facilities Plan
• Utilities Element
• Transportation
• Economic Development
• Parks and Recreation
Optional Elements /Chapters in
Auburn's Comprehensive Plan
• Historic Preservation
• Urban Design
Countywide Planning Policies
Required RCW 36.70A.210 -215
Population Projections Required
RCW 43.62.035 and RCW
36.70A.110
July 2, 2014
Puget Sound Regional Council (aka
Metropolitan Planning Organization):
• 4- county regional organization
• Primary function — distribution of
federal transportation funding
• Certify transportation elements of
comprehensive plans —
(connection with federal
transportation funding)
• Vision 2040 adopted in 2008 — 4
county regional growth strategy;
Algona designated a small city
• Transportation 2040 — 4 county
regional transportation strategy,
regional Transportation
Improvement Program, and
funding strategy
King County and Pierce County
Countywide Planning Policies (CPPs)
— Updated 2012 and 2013 respectively
to be consistent with Puget Sound
Regional Council's Vision 2040.
Main Topic areas:
• Population and Employment
Targets Established based on
regional geography — Auburn a
core city
• Annexation policies
• Urban Growth Area Expansion
policies
• Regional Transportation policies
• CPPs consistent with Vision 2040
Auburn's Comprehensive Plan and
Major Update
• Consistent with King County and
Pierce County CPPs
• Consistent with Vision 2040
• Not conflict with King County's or
Pierce County's Comprehensive
Plan
• Coordinate with adjacent
jurisdictions so plans are not
inconsistent — Algona, Kent,
Federal Way
CITY OF
WASHINGTON
MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Ron Copple, Vice - Chair, Planning Commission
Planning Commission Members
CC: Nancy Backus, Mayor
Jeff Tate, Assistant Director, Community Development Services
Elizabeth Chamberlain, AICP, Planning Services Manager
FROM: David L. Jones, AICP, Senior Planner
Daniel B. Heid, City Attorney
DATE: July 8, 2014
RE: RECREATIONAL MARIJUANA (CANNABIS) cont. discussion
Overview
On June 3, 2014, staff presented additional review and analysis materials for the Planning
Commission regarding State Initiative 502 (1 -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 requested staff provide
draft language for Option 1 and Option 2 as proposed by staff for the affected sections of the
Auburn City Code (ACC).
Staff identified the following ACC section(s) would require revised language under proposed
Option 1:
• 9.22.010 Marijuana prohibited.
Staff identified the following ACC section(s) would require revised language under proposed
Option 2:
• 1.04.060 Conflict of ordinances with state or federal law.
• 5.10.040 General business license required — Exception.
• 9.22.010 Marijuana prohibited.
• 18.02.020 Authority to adopt code.
The following are the proposed ACC section changes as related to state licensed marijuana
uses.
Page 1
Option 1: Prohibition of State Licensed Marijuana Uses
Amend Language in ACC 9.22.010 as follows:
9.22.010 Marijuana prohibited.
Except as authorized under United States Code (USC) Title 21: Controlled Substances
Act by the Revised Code of Washington, it is unlawful for any person or persons to grow,
manufacture, process, deliver, sale, grow, or possess marijuana.
"Marijuana," also known as "marihuana," means all parts of the plant of the genus
Csannabis sativa L., whether growing or not; the seeds thereof; the resins extracted from any
part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of
thesuch plant, its seeds or resin, and includes all marijuana concentrates, useable marijuana,
and marijuana- infused products. Such term does not include the mature stalks of the-such
plant, fiber produced from the such stalks, oil or cake made from the seeds of the such plant,
any other compound, manufacture, salt, derivative, mixture, or preparation of the such mature
stalks (except the resins extracted therefrom), fiber, oil, or cake, or the sterilized seed of the
such plant which is incapable of germination.
Except as permitted under the Revised Code of Washington, violation of the provisions
of this Section shall constitute a misdemeanor, punishable by imprisonment in jail for a
maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed
by the court of not more than one thousand dollars, or by both such imprisonment and fine.
(Ord. 6300 § 1, 2010; Ord. 5682 § 1, 2002.)
Option 2: No City Permitting of Marijuana Uses - but Allowing for City Enforcement of State
Licensed Marijuana Requirements
Amend Language in ACC 1.04.060, 5.10.040, 9.22.010, and 18.02.020, as follows:
1.04.060 Conflict of ordinances with state or federal law.
All ordinances and city code provisions, and regulations therein, shall not be in conflict
with all other regulations and /or requirements of state and federal law, insofar as not permitting
or allowing any action, use or conduct which is in violation of or prohibited by any state or
federal laws, regulations or codes. Any such provisions that cannot be implemented or enforced
because of provisions of state or federal law, or that cannot be reconciled with any state or
federal law, shall be deemed to be in conflict therewith. Any provisions of city ordinances or of
the city code deemed by the city council to be in conflict with state or federal law shall be null
and void. This provision does not allow any action, use or conduct which is in violation of any
local, state or federal laws, regulations, codes and /or ordinances. Any action, use or conduct
which is not permitted or allowed is prohibited. It is provided, however, that this provision does
not preclude the city from taking enforcement action in instances where conduct or activity that
is licensed or permitted under state law occurs within the City of Auburn but is not in compliance
with or violates the requirements of such state licensing or permitting. (Ord. 6416 § 3, 2012.)
5.10.040 General business license required - Exception.
A. Any person desiring to establish or conduct any business enterprise or undertaking
as defined in ACC 5.10.020 within the corporate limits of the city, shall first apply to the business
license clerk, as designated by the mayor, for a license to conduct such business and obtain
such license as approved by the city. The application shall be upon a form furnished by the
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business license clerk on which the applicant shall state the business name, address, and
telephone number; the nature of the business activity or activities in which the applicant desires
to engage; the place where the business will be conducted; the number of employees, and the
name of the contact person along with an address and telephone number, and the business
identification number issued by the state of Washington; and the IRS letter testifying to nonprofit
status or the copy of the application to the IRS.
B. It is unlawful for any person to operate or physically conduct any business within the
city without having first obtained a general business license for the current business year or
portion thereof. The applicant for a business license required under this title shall be over the
age of 18 years. If any person required to pay a license fee, by the terms and provisions of this
chapter, for any period fails or refuses to do so, they shall not be granted a license for the
current period until such delinquent license fee, together with penalties, has been paid in full.
C. Specific businesses identified in Chapters 3.80, 3.84, 3.88, 5.20, 5.30, 5.84 ACC or
elsewhere in this title or other titles of the Auburn City Code will be required to obtain an
individual business license as otherwise indicated.
D. Any business within the city jurisdiction on any project requiring a permit must have a
business license.
E. Exception to city business licensing requirement. A business license is not required
by the city of any person or persons who has /have a valid, lawful license issued by the state of
Washington to produce, process or sell marijuana, marijuana concentrates, usable marijuana
and /or marijuana- infused products in conformity with the requirements of the state of
Washington related to such license pursuant to Sections 69.50.301 - 369 RCW, and Sections
314 -55 -005 - 540 WAC. (Ord. 5897 § 3, 2005; Ord. 5814 § 2, 2004; Ord. 5754 § 1, 2003; Ord.
4012 § 2, 1984.)
9.22.010 Marijuana prohibited.
Except as authorized under United States Code (USC) Title 21: Controlled Substances
Act, or except as authorized by the Revised Code of Washington, it is unlawful for any person or
persons to grow, manufacture, process, deliver, sale, grow, or possess marijuana.
A. "Marijuana," also known as "marihuana," means all parts of the plant of the genus
CGannabis sativa L., whether growing or not; the seeds thereof; the resins extracted from any
part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of
4l esuch plant, its seeds or resin, and includes all marijuana concentrates, useable marijuana,
and marijuana- infused products. Such term does not include the mature stalks of the-such
plant, fiber produced from the such stalks, oil or cake made from the seeds of the such plant,
any other compound, manufacture, salt, derivative, mixture, or preparation of the-such mature
stalks (except the resins extracted therefrom), fiber, oil, or cake, or the sterilized seed of the
such plant which is incapable of germination.
B. It is unlawful for any person or persons who has /have a license issued by the state of
Washington to produce, process or sell marijuana, marijuana concentrates, usable marijuana
and /or marijuana- infused products to fail to comply with or violate any of the requirements of the
state of Washington related to such license issued by the state of Washington, including, but not
limited to the requirements of Sections 69.50.325 - 369 RCW, and Sections 314 -55 -515 - 535
WAC.
C. A violation of the provisions of this Section shall constitute a misdemeanor,
punishable by imprisonment in jail for a maximum term fixed by the court of not more than
ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars,
or by both such imprisonment and fine. (Ord. 6300 § 1, 2010; Ord. 5682 § 1, 2002.)
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18.02.020 Authority to adopt code.
The City of Auburn comprehensive zoning ordinance is adopted by City of Auburn
ordinance, pursuant to Article XI, Section 11 of the Washington State Constitution, the State
Growth Management Act, RCW Title 35A, Optional Municipal Code, and Chapter 36.70B RCW.
In accordance with ACC 1.04.060, and notwithstanding any provisions otherwise, this title does
not permit or allow any action, use or conduct which is in violation of or prohibited by any state
or federal laws, regulations or codes. Any action, use or conduct which is prohibited by state or
federal law is prohibited hereby. It is provided, however, that this provision does not preclude
the city from taking enforcement action in instances where conduct or activity that is licensed or
permitted under state law occurs within the City of Auburn but is not in compliance with or
violates the requirements of such state licensing or permitting. (Ord. 6416 § 4, 2012; Ord. 6245
§ 2, 2009.)
Next Steps
Staff anticipates the Planning Commission taking action to select one of the the three (3)
proposed regulating Options as presented by staff. Once the Option is selected, staff will begin
to write or revise the applicable ACC sections for compliance with the direction and guidance of
the Commission.
Attachments:
None
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