Planning 2013-07-25 Minutes - Board of Architectural Review / Public Hearing - Buffalo Wild Wings / Recreational Marijuana Producers, Processors and Retailers

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BAR & PC Hearing Minutes July 25, 2013 The moratorium on recreational marijuana has been to the COW and is going to Full Council on Monday, July 29"'. Staff would like to adopt zoning code amendments to be in line with I -502 and Federal Laws so that the moratorium on recreational marijuana can be repealed and the City can be in line with I -502. Staff would like zoning code amendments adopted and in place prior to September 14"', which is when the state will start accepting applications for producers, processors, and retailers of recreational marijuana. There will be a limit on how many applications for retailers the state approves, and the City of Tukwila will be given some sort of allotment. There will be no limit on processors and producers. Ms. MacGregor explained the state notification process of the applications submitted and the City's allowed 20 -day comment period. She also explained that local jurisdictions will not have authority to over -ride what the WSLCB has implemented. Ms. MacGregor briefly clarified the law of I -502. She also pointed out the differences between I -502 and medical cannabis. She explains taxing and fee structures, and how the tax on producers, processors and retailers will go to the State. The tax structure is similar to how alcohol taxing is structured. The city will get its portion of sales tax as is standard. The goal of staff moving forward is to update our city code so that is in line with I -502 as well as in line with Federal Law. The state's locational restrictions written into I -502 were explained; these uses are not allowed within 1000ft of schools, (non -home based) daycare centers, transit centers, libraries, arcades that are not restricted to those over the age of 21, and parks. The WSLCB has stated that residential areas would not be allowed licenses for recreational marijuana uses but that this restriction is not included in the rules. Ms. MacGregor explained that, as a City, we have legal authority to implement zoning regulations that create locational restrictions through our exercise of police powers. However, zoning must allow for uses that are allowed at the state level. The Council can determine where these uses are more appropriate for the Tukwila residents. Using a map, Ms. MacGregor showed where the uses would and would not be permitted based on the current city zoning code, and state locational restrictions. She also explained that the Manufacturing and Industrial Center is designated in the County Wide Planning Policies, and in the City's Comprehensive Plan as a Manufacturing and Industrial Center. These important land use areas are expected and need to be preserved for manufacturing and industry. Therefore, it is not appropriate for the proposed uses under 1 -502. Due to security needs that have been demonstrated in other areas and the side effects of off -site odor, Staff proposed that the most viable zones are Heavy Industrial (HI) and Tukwila Valley South (TVS). Ms. MacGregor went over the proposal set forth to the Planning Commission (PC) for recommended zoning amendments to allow zoning for recreational marijuana producers, processors, and retailers as permitted uses in Heavy Industrial and TVS. Staff would like to then take PC recommendation to CAP and COW in August to get the new amendments adopted in September and repeal the moratorium on recreational marijuana. Staff opened the floor to questions from Commissioners. Questions were asked by Commissioners to clarify the roles of producers, processors, and retailers. Questions were also asked regarding taxes, as well as location restriction clarification, and security needs to keep areas safe. Page 4 of 5