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HomeMy WebLinkAbout02-07-2012 � ' * c►rr oF �_ « PLANNING COMMISSION February 7, 2012 ` WASHINGTON 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 Aubum City Hall, 25 West Main SVeet,Aubum, WA. Commission Members present were: Chair Judi Roland, vce Chair Kevin Chapman, Joan Mason, Dave Peace, Yolanda Trout, Bob Baggett and Mark Ramey. Commissioner Copple is ezcused. Staff present included: Pianning Manager Eliiabeth Chamberlain, Planner Stuart Wagner, City Attorney Dan Heid, Senior Planner Hillary Taylor, and Planning 8 Development DepartmeM Secretary Tina Kriss. Audience members in attendance: Rick Fares and Green River Community Coilege students Peter Lin, Tyler Williams, Zoe Deissler, Cameron Cahoon, Trevar Zesiger, and Dyland Brown. II. APPROVAL OF MINUTES A. January 4, 2012, 2012. CommissionerPeace moved and Commissioner Mason seconded to approve the minutes from the January 4, 2012 minutes as presented. MOTION CARRIED UNANIMOUSLY 5-0 III. PUBLIC,COMMENT There were no comments from fhe public. IV. PLANNING DEPARTMENT REPORT P�anning Manager Elizabeth Chamberlain updated the Commission on the old Walmart building; Oregon based company Coastal Farm and Ranch has submitted their tenant improvement permit application, the City is almost_finished with the review and ready to issue permits. Coastal Farm ant! Ranch is expecting to occupy the building and be open for business in May. The "M" Street SE Grade&eparation (underpass) project has gone out to bid, the winner of the bid was ScarseUa Brothers, Inc.; ground breaking is scheduled for February 28"',. V. PUBLIC HEARING ' There were no public hearings scheduled MOTION APPROVED—6-1 VI. OTHER BUSINESS A. Cannabis Collective Garden Moratorium Expiration Senior Pianner Hillary Taylor eicplained the history of Resolution No. 4739 passed by the City of Aubum August 15, 2011 establishing a moratarium on collective gardens. The moretorium will expir�e August 15, 2012. Should the moratorium be ended, a dispensary use would need a business license; however, due to conflid with state ✓ PLANNING COMMISSION MEETING MINUTES March 6, 2010 and federal laws, the City of Aubum would not be able to issue a business license for a dispensary. In addition the Cfty does not currently have any land use regulations goveming the location and standards for medical marijuana dispensaries. Ms. Taylor asked the Planning Gommission to consider discussion on this matter as directed by Resolution No. 4739 acJopting fhe moratorium by City Council providing a spec�c work plan. Ms. Taylor asked the Commissioners to consider what the legal ram�ca4ions of adopting legisla4ion as directed by fhe State biil would be and what the potential impads of the PencJing legislation at the State and Federal level would be. Attomey Den Heid provided the City's legal perspective on these questions explaining Washington State Legislature approved Engrossed Second Substitute Senate Bill E2SS6 5073 effective July 22, 2011 that allows cannabisto be grown in collective gardens. E2SS6 5073 allows the City to regulate cannabis by enacting zoning licensing and health and safety requirements. The City of Aubum does not currently have a specific provision in its zoning and land use codes addressing the use of property for coilective gardens end in cor�formity and with the responsibilities of the City of Aubum to provide for zoning and land use regulations pursuant to state law and the City authorRy to regulate land use adivitywkhin its corporate limits the City intends to develop appropriate mning and land use regulations for collective gardens. Commissioner Peace asked 'rf the City allows dispensaries within the City would the City be open to prosecufion; if the City does nothing what would happen. Mr. Heid stated if we did nothing businesses could crop up and we would have an ambiguityin tertns of 6usiness licensing. Permitting a business that violates a federal law triggers the activity that was threatenec!for prosecution by the US Attomey's office. If we did not Iicense them a business is operating without a business license. Attomey Heid replied to Chair Roland's ques4ion asking what recommendations the Commission could propose by stating the Corrimission could ask for more infortnation, see what happeng with ttie poteMial for federal action, recommend an ordinance should potential federal action takes place or extend the.moratorium until we have answers pertinent to decision making, or other action. A moratorium can be established for six morrths without a work plan: If there is a work plan there can be a moratorium for a maximum of one year. Subsequent extensions can only be for six months at a time. Commissioner Baggett stated.since-the City is really caught between the State and Federal law it appears we should extend the moratorium. Commissioner Peace stated maybe the.soluUon is to go forward wifh the formulation of a work plan while the state and federal govemmerit work out the inconsistencies. Ms. Taylor stated the mast effective way to address the conflid between the state and federal govemment would be for the govemment to change marijuana to a Page 2 � PLANNING COMMISSION MEETING MINUTES March 6, 2010 schedule II drug, allowing physicians to prescribe for medical purposes allowing the drug to be regulated. Chair Roland asked if the Commission will be holding a hearing. Attomey Heid stated if recommending a land use decision a hearing would need to be called and the Planning Commission would hold the hearing. If you decide you are not ready to hold the hearing the Commission could recommend extending the moratorium and a hearing for the moratorium extension would be held by the City Council. Staff will bring this Rem badc to Commission. B. Interim Sign Controis—Real Fstate Signs Planner Stuart Wagner reviewed the interim sign controls (regulating aff-premise real estate signs) passed by the Aubum City Council onApril 18, 2011. Commission and staff reviewed the foliowing concems regarding off-premise real estate signs expressed by community members: • Sign glut or too many off-premise real estate signs could occur; . The signs, individualiy or colledively could create a public safety hazard; . Signs are sometimes located too far from the adual development; • The signs could be in place longer then they need to be.. PlannerWagner stated staff is not recommending a wa�nding kiosk sign program at this time. Commission and staff discussed kiosk options. Commissioner Ghapman stated there does not appear to be a good location fo�kiosks in the City. Chair Roland expressed her concem for safety while drivers may be navigating and attempting to read a distant sign at the same time. Commission is not supportive of wa�nding kiosk signage.. Commission and staff reviewed the proposed changes to the adopted interim real estate signs and disc_ussed the additional language: "Additionally the maximum area of all off-premise signs advertising a particular deyelopmen4 shall not exceed 250 square feeY'. Ms. Chamberlain stated a policy question Commission needs to consider in the recommendation to City Council is do you want to corrtinue with the Planning Director making determinations on a case by case basis as provided in the curreM language or make code more prescriptive. Staff stated there will be a public hearing at the next meeting. C. Proposed Amendment to 4he P-1, Public Use District Planner Wagner explained the City currenUy has a contrad with King CouMy for animal control and sheltering. It as found;he Aubum Valley Human Society (AVHS) will lessen the burden of govemment by providing animal sheltering services at a savings to the City of Aubum, Prior to occupying the building along A Street Southeast, a charige to the zoning code is needed. In order for Aubum Valley Human Society to operate and maintain the future animal shetter the follawing needs to take place: Page 3 ' PLANNING COMMISSION MEETING MINUTES March 6, 2010 Chapter 18.41 (Public Use ,District) of the Aubum City Code needs to be amended, with "Animal Shelte�' added as a pertnitted use,within fhe zone. A new definRion of "animal shelte�' neet]s to be.added to Chapter 18.04'(Definitions). Staff and Commission reviewed the draft code language and discussed the term "medical care". Member Mason suggested leaving spey/neuter out of the language. Commissioners discussed the City responsibility in regardsto animal control and sheltering. Commission expressed their concem with providing these services and the upgrades the City is providing to the faciiity. Chair Roland asked if City tax dollars fund this shetter and services. Planning Manager Chamberlain was unsure of each detail but will check to see what information may be avaiiable. Chair Roland asked if the City is providing money for anything other than offering the 6ui�ding. Planner VUagner explained that license fees would provide 80% of operations and 20%would come from donations. Vice-Chair Chapman asked ff tlie proposed code amendment wbuld apply to any property zoned Public Use and staff answered yes the code amendment would apply to any property zoned Public Use. Member Ramsey asked what will be spent for the facility and why the City did not pursue the fire station if the property was purchased for one. Ms. Chamberlain stated the line of questioning being asked by the Commission is getting beyond 4he purview of the Commission but would take the Cortimission's question back to the administration and see what could be answered: The Planning Commission's responsibility is reviewing land use changes uvith recommendations to the City Council. Commission asked what share the City would beproViding for these services and how much pet licensing would provide. Commissioner Chapman would like to know how many animals are serviced by the City. Staff stated they will be bringing this badc before Cammission at a future meeting VII. ADJOURNMENT The next regular meeting will be held March 6, 2012. There being no further business to come before the Planning Commission, Chair Roland adjoumed the meeting at 8:31 p.m. Page 4