Planning 2015-07-23 Minutes - Board of Architectural Review / Public Hearing - Family Fun Center Bowling Alley / Marijuana Zoning Code Amendment

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Public Hearing Minutes July 23, 2015 jurisdictions control over marijuana uses. At the direction of Community Affairs and Parks (CAP) staff drafted an ordinance that repeals the existing moratorium on medical marijuana uses and updates the definitions to be consistent with the State law. It accommodates commercial medical marijuana uses within the same zoning designations (HI and TVS) as recreational marijuana uses. Also, it prohibits cooperatives, collective gardens and dispensaries. The ordinance also corrects the omission of marijuana uses from the Tukwila South Overlay (where the underlying zoning is HI or TVS). Additionally, it establishes more severe penalties for illegal grow operations. Community Affairs and Parks has reviewed the proposed draft ordinance and forwarded it to the Planning Commission for their recommendation, which is the purpose of tonight's public hearing. The Planning Commission is being asked to determine whether the proposed zoning is appropriate. Staff entered into the record an email from Chuck Parrish. Mr. Parrish inquired which zones should allow marijuana uses. (See the attached email for details). Staff noted that the State criteria has some location restrictions for instance, marijuana uses are not allowed within a certain distance of parks, schools, and family daycares. Staff showed a map with the buffer areas from these uses with underlying zoning. Commissioner Mann asked for some clarification on cooperatives and collective gardens. She said she understands the concerns of medical marijuana use. She said the collective gardens in the neighborhoods have nothing to do with medical marijuana. There was no public testimony. The public hearing was closed. The Planning Commission deliberated. The Planning Commissioners asked several clarifying questions: 1) What qualifies a patient to grow a limited number of medical marijuana plants in their own domicile and how is it tracked? Staff. Authorized users need to demonstrate to the State there is a medical need. Also there is a volunteer registry and the State Law attempts to track down doctors that are writing a lot of prescriptions. 2) Should marijuana uses be allowed in the MIC? This may be inconsistent. Staff: King County policies mandate that MIC areas be preserved for industrial uses. The PC can determine if they want to allow in more areas. 3) Why are cooperatives being banned? Staff. Cities are able to regulate this with the new bill. 4) Do the rules apply the same for recreational and medical retail stores? Staff. The ordinance applies the same rules for both. 5) Does the State allow the City to receive a portion of the sales tax? Staff: Not in the past but with the new house bill a small percentage is allowed if the total amount of tax exceeds a certain amount. 6) If growers are growing more than the allowable 15 plant who is going to enforce? Staff. The police will do the first investigation and determine if it is a criminal or civil violation. If it is a criminal violation they continue with the process, if it is considered civil Code Enforcement will take the lead. 7) If several individuals live at a residence what is the limit on number of plants -is it 15 per person? Staff. That would be considered collective grow or cooperative, which the ordinance prohibits. State Law limits 15 plants per household on one tax parcel. 8) Is personal recreational marijuana grow allowed in a residence? Staff: No Motion: Commissioner Mann moved to forward the draft ordinance as proposed to the City Council for their review. Commissioner Slander seconded the motion. All were in favor. Page 3 of 4