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HomeMy WebLinkAbout05-08-2012 * . � crnroF _*_�_ « � CT PLANNING COMMISSION v WAS H I N GTO N May 8, 2012 MINUTES I. CALL TO ORDER Chair Judi Roland called the meeting to order at 7:03 p.m. in the Council Chambers located on the first floor of Aubum City Hall, 25 West Main Street, Aubum, WA. Commission Members present were: Chair Judi Rolend, Commissioner Ramey, Commissianer Copple, Commissioner Mason, CommissionerPeace, and Commissioner Baggett. Commissioner Trout and Commissioner Chapman were excused. Staff present_included: Planning Manager Elizabeth Chamberlain, CityAttomey Dan Heid, Senior Planner Hillary Taylor, and Planning and.Development Department Secretary Tina Kriss. II. APPROVAL OF MINUTES A. April 3, 2012 Commission asked that the minutes reflect CommissionerBaggett's attendance at the April 3, 2012 meeting. Commissioner Peace moved and Commissioner Copple seconded to approve the minutes from the April 3, 2012 meeting as corrected! Commissioner Mason abstained. MOTION CARRIED UNANIMOUSLY. 4-0 IIL PUBLIG COMMENT There were no public comments on any item not listed on the agenda for discussion or public hearing. IV. PLANNING DEPARTMENT REPORT Planning Manager Chambe�lain updated the Commission on current activities within the City. The Auto Zone off ALbum Way North had theirgrand opening last week. They received a temporary Certificate of Occupancy and will corrtinue to finish their landscaping requirements. The new black Main Street lights have been installed, replacing the teal lights. There are a fewbases to be installed that are on back order. Auburn Environmerrtal Park was opened April 5, 2012. V. PUBLIC HEARING There were no public hearings scheduled before Planning Commission. VI. OTHER BUSINESS A. Cannabis Collective Garden Moratorium Expiration Senior Planner Hillary Taylor provided a briefing on Resalution No. 4739 which was adopted by City Council on August 15, 2011 establishing a moratorium on collective gardens. The moratorium expires on August 15, 2012. " PLANNING COMMISSION AAEETING MINUTES May 8, 2012 In 1970 the Controlled Substances Act was approved by the United States Congress. The act regulates cannabis as a Scheduled I drug, classifying cannabis as having high potential for abuse, no medical use; and not safe to use under medical supervision. In conflict with this schedule adopted by Congress, sixteen states have enacted legislation allowing the medical use of cannabis by their citizens. The Controlled SubstanceAct provides for a rulemaking process'by which the United States Attomey General can reschedule cannabis adminisVatively, representing the only means of legalizing medical cannabis without an act of Congress. Govemor Gregoire signed a letterpetitioning the governmeM to reclassify marijuana as a scheduled II drug. To dffie this drug has not been reciassified. The State of Washington Legislature adopted Engrossed Second Substitute Senate Bill 5073 (E2SS6 5073) which became effective on July 22, 2011. E2SS6 5073 allows cannabis to be grown in collective gardens. The Govemor vetoed portions of the bill that are referenced by other sedions, creating conflicts within E2SS8 5073. Several Cities have adopted moratariums in part, due to the clarity in the approved E2SS6 5073, and confliot between the federai and state law, and potential changes to the approved state bill due to citizen sponsored initiatives. Only one City, Issaquah, has adopted regulations allowing the establishment of collective gardens in some zoning districts. At this time staff proposes to take a recommendation forward to City Council recommending the extension of the moratorium due to 4he confiict between State and Federal law; conflicts preserrt in the bill approved by Govemor Gregoire; the petition before the Federal govemment to reclassify the drug and the publicly supported initiative to legalize the use of the drug that will be put the voters in the next general election this fall. An eMension on ttie moratorium may ailow time for clear and reasonable direction finm the State and Federal govemmerrt to local staff regarding the legality of the production and use af the drug. Dan Heid provided handoutsfior Commissionersto review showing various opposing views, lawsuits filed, and the opinion of Mark R: Bucklin, Washington Cities Insurance Authority's (WCIA) General Counsel. Attomey Heid explained the extension can only be up to six(6j months and City Council will be required to hold a public hearing, not the Planning Commission. Commission and staff discussed various aspects of the poterrtial extension of the moratorium and support of the petition signed tiy Govemor Gregoire. Commission determined they would provide a recommendation at this meeting. Attomey Heid explained that even if the moratorium is extended by City Council there wiil be wortc that needs to be completed for the work plan that will be the responsibility of the Planning Commission. Page 2 " •PLANNING COMMISSION MEETING MINUTES May 8, 2012 Commissioner Peace moved and Commissioner Copple seconded to make a recommendation to City Council to extend the moratorium (Resolution No. 4739) for six (6) manths from the August 15, 2012 expiration date. MOTION CARRIED UNANIMOUSLY 6-0 Information to assist the Commission in making future recommendations on this item will be made availa6le as it is received by staff at future meetings. Planning Manager Chamberlain stated the next meeting w'ill be June 5, 2012. VII. ADJOURNMENT There being no further business to come before the Planning Commission, ChairRoland adjourned the meeting at 7:28 p.m. Page 3