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HomeMy WebLinkAboutCOW 2015-04-27 Item 5A - Ordinance - Moratorium on Medical Cannabis Collective Gardens or DispensariesCOUNCIL AGENDA SYNOPSIS --- ------------------------- - - -- -- Initials Meefin,q Date Prepared by Mayor's review Council review 04/27/15 NG ❑ 1Resolution Mt ,g Date Lc4 05/04/15 NG ❑ Other Mt g Date SPONSOR ❑ Council ❑ Major E].[-TR Z DCD E].Finance ❑ Eire ❑ IT ❑ P&R ❑ Police ❑ PW1' SPONSOR'S Tukwila's current moratorium on medical cannabis collective gardens and dispensaries will SUMMARY expire on May 27, 2015. The state has not provided clarification on the conflicts created by the partial veto of RCW 69.51A or the relationship between medical cannabis and recreational marijuana. The Council is being asked to consider and approve the ordinance extending the moratorium. REVIEWED BY [--J cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte F-1 Arts Comm. F-1 Parks Comm. ❑ Planning Comm. DATE: 2/23/15 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Forward Moratorium to Committee of the Whole COST IMPACT / FUND SOURCE ExpENI)ri,uRE, Rh,QUIXLD AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $ Fund Source: Comments: MTG.DATEJ RECORD OF COUNCIL ACTION 4/27/15 ITEM INFORMATION ITEM NO. 4 &5.A. SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 4/27/15 AGENDA ITEM Trn,E, Renewal of Moratorium on Medical Cannabis CATEGORY Z Discussion Mtg Date 4127119 ❑ Motion Mtg Date ❑ 1Resolution Mt ,g Date Z Ordinance Mtg Date 514119 ❑ Bid Award Mt g Date Z Public Hearing Mt Date 4127119 ❑ Other Mt g Date SPONSOR ❑ Council ❑ Major E].[-TR Z DCD E].Finance ❑ Eire ❑ IT ❑ P&R ❑ Police ❑ PW1' SPONSOR'S Tukwila's current moratorium on medical cannabis collective gardens and dispensaries will SUMMARY expire on May 27, 2015. The state has not provided clarification on the conflicts created by the partial veto of RCW 69.51A or the relationship between medical cannabis and recreational marijuana. The Council is being asked to consider and approve the ordinance extending the moratorium. REVIEWED BY [--J cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte F-1 Arts Comm. F-1 Parks Comm. ❑ Planning Comm. DATE: 2/23/15 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Forward Moratorium to Committee of the Whole COST IMPACT / FUND SOURCE ExpENI)ri,uRE, Rh,QUIXLD AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $ Fund Source: Comments: MTG.DATEJ RECORD OF COUNCIL ACTION 4/27/15 MTG. DATE ATTACHMENTS 4/27/15 Informational Memorandum dated 2/17/15, updated 4/1/15 Attachment A. Statement of James M. Cole, Deputy Attorney General Attachment B. Draft Ordinance Renewing the Moratorium on Medical Cannabis Minutes from the Community Affairs and Parks Committee meeting of 2/23/15 5/4/15 2 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Director DCD BY: Nora Gierloff, Deputy DCD Director DATE: February 17, 2015, Updated 4/1/2015 SUBJECT: Medical Cannabis Status and review of Recreational Marijuana Licensing ISSUE Tukwila's current moratorium on medical cannabis collective gardens and dispensaries will expire on May 27, 2015. Should the moratorium be renewed or should Tukwila modify the zoning code to prohibit these uses? BACKGROUND In 2011, the Washington State legislature passed ESSB 5073, codified as RCW 69.51A, creating rules regarding medical cannabis patients, collective gardens, and medical cannabis dispensaries. The Governor vetoed portions of the bill. The partial veto created conflicts in the remaining portions of the bill but the general assumption is that dispensaries are prohibited by the veto but "qualifying patients" can participate in "collective gardens ". The bill allows local jurisdictions to adopt and enforce requirements for zoning, business licensing, health and safety and business taxes related to the "production, processing, or dispensing of cannabis and cannabis products within their jurisdiction" (RCW 69.51 A. 130). Since August 15, 2011, the City Council has enacted and renewed moratoriums on cannabis collective gardens and dispensaries. The latest renewal, Ordinance 2439, will sunset on May 27, 2015. While the moratorium was enacted and extended, the City waited, expecting the state to provide clarification on the statutes and the conflicts created by the partial veto and to create clarity on the relationship between medical cannabis and recreational marijuana. So far the current legislative session has not resulted in the adoption of any new or clarified regulations for medical cannabis. DISCUSSION The Federal Government's Controlled Substances Act (CSA) prohibits the possession and distribution of marijuana for any purpose. In March, 2014, U.S. District Attorney Jenny Durkin issued a statement that all medical cannabis dispensaries are illegal but the Federal Department of Justice will not focus resources on individuals that are in "clear and unambiguous compliance with existing state laws." This follows US Deputy Attorney General's statement 9 INFORMATIONAL MEMO Page 2 before the US Senate in September, 2013 that the Governor of Washington is expected to "implement a strong and effective regulatory and enforcement system to fully protect against the public health and safety harms..." (see Attachment A). The State of Washington is developing a clearly regulated system for recreational marijuana but the State has yet to create laws that provide clear or unambiguous rules for medical marijuana use, production or sale. State law clearly does not allow medical cannabis dispensaries so allowing them would not be legal and disallowing them would be unnecessarily redundant. However, collective gardens remain illegal under federal law and are not subject to a State regulatory system that the Department of Justice has indicated is necessary to avoid DOJ scrutiny. The expectation remains that the future for medical cannabis in Washington State will involve either merging the medical cannabis and recreational marijuana uses into a combined regulatory system or establishing a regulatory system for medical cannabis. The current system with strict regulations on recreational marijuana and essentially no regulation on medical cannabis is untenable. As the recreational marijuana regulatory system matures, the impacts of marijuana production, processing, and retail sales will be better understood. If and when the Federal Government changes the legal status of marijuana and /or if the State of Washington develops a regulatory system for medical cannabis that satisfies the DOJ, the City of Tukwila can choose to revisit allowing medical cannabis collective gardens in the City of Tukwila. At this time, allowing medical cannabis in the City would have the City preempting Federal law. Recreational Marijuana Status At this time there are nineteen active applications for recreational marijuana producers, processors, or retailers within Tukwila but as of January 27, 2015 the Washington State Liquor Control Board (LCB) has yet to issue any licenses for locations within the City. No proposed locations meet both Tukwila's zoning standards (location in Heavy Industrial or Tukwila Valley South zones) and the LCB buffers around schools, parks, etc. Next Steps The Community Affairs and Parks Committee is being asked to choose between renewing the current medical cannabis moratorium or sending an ordinance prohibiting medical cannabis collective gardens and dispensaries to the Planning Commission for a recommendation. 1) Forward the question to the full Council for consideration at the March 91h Committee of the Whole meeting; or 2) Recommend renewing the moratorium on medical cannabis and forward the item to the April 27 Committee of the Whole meeting for a public hearing and adoption at the May 4th Regular Meeting; or 3) Forward an ordinance prohibiting medical cannabis collective gardens and dispensaries to the Planning Commission for a hearing and recommendation at their March 26' meeting followed by a hearing at the April 27th Committee of the Whole and adoption at the May 4th Regular Meeting. Page 2 4 Z: \DCD n Clerk's \Agenda Materials \lnfoMemo on Med Cannabis Moratorium.dou INFORMATIONAL MEMO Page 3 FINANCIAL IMPACT None RECOMMENDATION Staff recommends option 3, an ordinance adopting a Zoning Code prohibition on medical cannabis collective gardens and dispensaries. CAP Recommendation — Option 2 Renewal of Moratorium until October 31, 2015 ATTACHMENTS A. Statement of James M. Cole, Deputy Attorney General B. Draft Ordinance Renewing the Moratorium on Medical Cannabis Page 3 Z: \DCD n Clerk's \Agenda Materials \lnfoMemo on Med Cannabis Moratorium.dou 5 STATEMENT OF JAMES M. COLE DEPUTY ATTORNEY GENERAL BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE FOR A HEARING ENTITLED "CONFLICTS BETWEEN STATE AND FEDERAL MARIJUANA LAWS" PRESENTED ON SEPTEMBER 10, 2013 Attachment A 7 Testimony of James M. Cole Deputy Attorney General United States Department of Justice Before the United States Senate Committee on the Judiciary September 10, 2013 Good afternoon Chairman Leahy, Ranking Member Grassley, and distinguished Members of the Committee. I am pleased to speak with you about the guidance that the Department recently issued to all United States Attorneys regarding marijuana enforcement efforts. That guidance instructs our prosecutors to continue to enforce federal priorities, such as preventing sales of marijuana by criminal enterprises, preventing violence and the use of firearms in the cultivation and distribution of marijuana, preventing distribution to minors, and preventing the cultivation of marijuana on public lands — priorities that we historically have focused on for many years — and also notes that we will continue to rely on state and local authorities to effectively enforce their own drug laws as we work together to protect our communities. I. Introduction As you know, the relevant federal statute, the Controlled Substances Act of 1970 (CSA), among other prohibitions, makes it a federal crime to possess, grow, or distribute marijuana, and to open, rent, or maintain a place of business for any of these purposes. For many years, all 50 states have enacted uniform drug control laws or similar provisions that mirrored the CSA with respect to their treatment of marijuana and made the possession, cultivation, and distribution of marijuana a state criminal offense. With such overlapping statutory authorities, the federal government and the states traditionally worked as partners in the field of drug enforcement. Federal law enforcement historically has targeted sophisticated drug traffickers and organizations, while state and local authorities generally have focused their enforcement efforts, under their state laws, on more localized and lower -level drug activity. Starting with California in 1996, several states have authorized the cultivation, distribution, possession, and use of marijuana for medical purposes, under state law. Today, twenty -one states and the District of Columbia legalize marijuana use for medical purposes under state law, including six states that enacted medical marijuana legislation in 2013. Throughout this time period, the Department of Justice has continued to work with its state and local partners, but focused its own efforts and resources on priorities that are particularly important to the federal government. The priorities that have guided our efforts are: • Preventing the distribution of marijuana to minors; • Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels; • Preventing the diversion of marijuana from states where it is legal under state law in some form to other states; • Preventing state - authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; • Preventing violence and the use of firearms in the cultivation and distribution of marijuana; • Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; • Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and • Preventing marijuana possession or use on federal property. Examples of our efforts have included cases against individuals and organizations who were using the state laws as a pretext to engage in large -scale trafficking of marijuana to other states; enforcement against those who were operating marijuana businesses near schools, parks, and playgrounds; and enforcement against those who were wreaking environmental damage by growing marijuana on our public lands. On the other hand, the Department has not historically devoted our fmite resources to prosecuting individuals whose conduct is limited to possession of marijuana for personal use on private property. II. The Department's Updated Marijuana Enforcement Guidance In November 2012, voters in Colorado and Washington State passed ballot initiatives that legalized, under state law, the possession of small amounts of marijuana, and made Colorado and Washington the first states to provide for the regulation of marijuana production, processing, and sale for recreational purposes. The Department of Justice has reviewed these ballot initiatives in the context of our enforcement priorities. On August 29, 2013, the Department notified the Governors of Colorado and Washington that we were not at this time seeking to preempt their states' ballot initiatives. We advised the Governors that we expected their states to implement strong and effective regulatory and enforcement systems to fully protect against the public health and safety harms that are the focus 2 9 of our marijuana enforcement priorities, and that the Department would continue to investigate and prosecute cases in Colorado and Washington in which the underlying conduct implicated our federal interests. The Department reserved its right to challenge the state laws at a later time, in the event any of the stated harms do materialize — either in spite of a strict regulatory scheme, or because of the lack of one. That same day, the Department issued a guidance memorandum to all United States Attorneys directing our prosecutors to continue to fully investigate and prosecute marijuana cases that implicate any one of our eight federal enforcement priorities. This memorandum applies to our prosecutors in all 50 states and guides the exercise of prosecutorial discretion against individuals and organizations who violate any of our stated federal interests, no matter where they live or what the laws in their states may permit. Outside of these enforcement priorities, however, the Department will continue to rely on state and local authorities to address marijuana activity through enforcement of their own drug laws. This updated guidance is consistent with our efforts to maximize our investigative and prosecutorial resources during this time of budget challenges, and with the more general message the Attorney General delivered last month to all federal prosecutors, emphasizing the importance of quality priorities for all cases we bring, with an eye toward promoting public safety, deterrence, and fairness. Our updated guidance also makes one overarching point clear: the Department of Justice expects that states and local governments that have enacted laws authorizing marijuana- related conduct will implement effective regulatory and enforcement systems to protect federal priorities and the health and safety of every citizen. As the guidance explains, a jurisdiction's regulatory scheme must be tough in practice, not just on paper. It must include strong enforcement efforts, backed by adequate funding. We are emphasizing comprehensive regulation and well - funded state enforcement because such a system will complement the continued enforcement of state drug laws by state and local enforcement officials, in a manner that should allay the threat that a state - sanctioned marijuana operation might otherwise pose to federal enforcement interests. Indeed, a robust system may affirmatively address those federal priorities by, for example, implementing effective measures to prevent diversion of marijuana outside of the regulated system and to other states, prohibiting access to marijuana by minors, and replacing an illicit marijuana trade that funds criminal enterprises with a tightly regulated market in which revenues are tracked and accounted for. In those circumstances, consistent with the traditional allocation of federal -state efforts in this area, enforcement of state law by state and local law enforcement and regulatory bodies should remain a necessary part of addressing marijuana - related activity. 3 10 III. Conclusion The Department of Justice is committed to enforcing the CSA in all states, and we are grateful for the dedicated work of our Drug Enforcement Administration agents, our federal prosecutors, and our state and local partners in protecting our communities from the dangers of illegal drug trafficking. The Administration also remains committed to minimizing the public health and safety consequences of marijuana use, focusing on prevention, treatment, and support for recovery. As our updated guidance reflects, we are continuing our practice of targeting conduct that implicates federal priorities and causes harm, regardless of state law. We expect our state and local partners to continue to do so as well. In those jurisdictions that have enacted laws that legalize and seek to regulate marijuana for some purposes, this means that strong and effective regulatory and enforcement systems must address the threat those state laws could pose to public safety, public health, and other law enforcement interests. I look forward to taking your questions. 4 11 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; REPEALING ORDINANCE NO. 2439; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2348; and WHEREAS, on August 6, 2012, the Tukwila City Council adopted Ordinance No. 2379, renewing the 12 -month moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2012 Legislative Session; and WHEREAS, on August 5, 2013, the Tukwila City Council adopted Ordinance No. 2404, renewing until May 31, 2014 the moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2014 Legislative Session; and W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 3 -16 -15 NG:bjs Page 1 of 4 13 WHEREAS, on May 19, 2014, the Tukwila City Council adopted Ordinance No. 2439, renewing until May 19, 2015, the moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2015 Legislative Session; and WHEREAS, revisions to the medical marijuana rules have not been adopted so far during the 2015 Legislative Session and no clarity regarding state and federal regulations related to the licensing, establishment, maintenance, or continuation of any medical cannabis collective garden is currently available; and WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, and prior to the enactment of Ordinance No. 2404, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which recreational marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, no licenses have been issued by the State of Washington for recreational marijuana producers, processors, or retailers to establish businesses in the City of Tukwila and, therefore, any impact from those uses has not yet been experienced; and WHEREAS, the City has diligently pursued this issue and continues to develop a work program to analyze potential changes to City zoning regulations that may be necessary to address changes in state or federal law, but needs additional clarity from the Washington State Legislature in order to develop a workable set of recommendations for local land use controls for safe and effective regulation of collective gardens in the community; and WHEREAS, the moratorium adopted by Ordinance No. 2439 will expire before the State has rectified the inconsistencies between recreational marijuana and medical cannabis; and WHEREAS, the City deems it in the public interest to renew the moratorium continued by Ordinance No. 2439 for 6 months beyond the end of the State Legislative Session in order to investigate this issue further, allow for the passage of State regulations or lifting of Federal prohibitions, and then to adopt City regulations, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on April 27, 2015, to hear testimony regarding the City's moratorium. W: Word Process ing \Ordinances \Moratorium on marijuana collective gardens- renewed 3 -16 -15 NG:bjs Page 2 of 4 14 Section 3. Duration. The moratorium renewed herein shall be in effect until October 31, 2015, unless extended by the City Council, pursuant to state law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. One individual person who is the designated provider for only one qualified patient during any 15 -day period, and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. One individual person who is the designated provider for only one qualified patient during any 15 -day period and who grows no more than 15 plants and otherwise complies with Chapter 69.51A RCW, or an individual person who is a qualified patient and who grows no more than 15 plants and otherwise complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. Section 5. No Non - conforming Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non - conforming status. Section 6. Adoption of Findings of Fact. The City Council adopts the findings of facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas" clauses contained herein. Section 7. Work Program. The Director of Community Development and /or his /her designee is hereby authorized and directed to address issues related to determining the legality of medical marijuana dispensaries and collective gardens including but not limited to review of the conflict between state and federal law regarding the legality of zoning and licensing of medical marijuana uses under any circumstances and notwithstanding the enactment by the legislature of RCW 69.51A. W: Word Processing \Ordinances\Moratorium on marijuana collective gardens- renewed 3 -16 -15 NG:bjs Page 3 of 4 15 In the event that such uses are ultimately determined to be legal, the work program should also develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Further, beyond the extent established by the Washington State Liquor Control Board, the work program should also coordinate medical cannabis rules and regulations with the recreational marijuana rules and regulations established under Initiative 502. The Finance Director and /or his /her designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. Repealer. Ordinance No.. 2439 is hereby repealed. Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 10. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 11. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 3 -16 -15 NG:bjs 16 Page 4 of 4 Community Affairs & Parks Committee Minutes February 23, 2015 - Page 2 4) What is the appropriate compensation to the City for shared parking in the right - of -way? Since the Council last reviewed this proposal the developer has prepared the following options: Option 1: Develop and maintain a public pocket park in the existing cul -de -sac, with $10,000 payment to the City. Option 2: Replace the asphalt in the cul -de -sac area with landscaping, with a $93,849 payment to the City. Option 3: Convert the cul -de -sac into parking area, with a $145,897 payment to the City. All three options cost the developer $186,037, none present a negative financial impact to the City, and the pedestrian connection from Andover Park East is not affected in any scenario. Staff recommends option 2 because the City will receive monetary compensation, impervious surface in the shoreline zone is reduced, vegetation is added, and the City retains the flexibility to construct the pocket park in the future if it desires. The Park Commission has also been briefed on the proposal and while it is supportive of the proposed pocket park, at its February meeting it unanimously voted to reject Option 3. The Committee discussed the merits of each, and options 2 and 3 emerged from this discussion without full agreement. The Committee asked that a development agreement be drafted including options 2 and 3 for Committee of the Whole discussion. The issue of how the monetary payment to the City will be dedicated is a separate matter requiring discussion another time. Committee members expressed preliminary support for dedicating those funds to shoreline restoration activities on this reach of the river. COMMITTEE DIRECTION TO FORWARD DEVELOPMENT AGREEMENT INCLUDING OPTIONS 2 AND 3TO COMMITTEE OF THE WHOLE. B. Ordinance: Medical Cannabis Collective Gardens and Dispensaries Moratorium Staff is seeking committee direction on the development of an ordinance relating to the moratorium on medical cannabis collective gardens and dispensaries. The current moratorium is set to expire on May 27, 2015, and it is still unknown whether the State Legislature will take any action on new or clarified regulations in its current session. The Committee was asked to choose between renewing the current moratorium or directing staff to develop a new ordinance prohibiting medical cannabis collective gardens and dispensaries, which would then be sent to the Planning Commission for review. If the latter, the City could choose to revisit the issue if either the Federal or State government makes changes to the legal or regulated status of medical cannabis. Committee members discussed the option and unanimously asked staff to draft an ordinance that would renew the moratorium including a provision to be in effect until six months after the close of the legislature. The separate issue of appropriate penalties for violation of the moratorium is on the Committee work plan to be discussed at a future date after additional research has been completed. Regarding recreational marijuana, staff noted that no licenses have been issued by the Washington State Liquor Control Board for recreational marijuana producers, processors or retailers within the City. None of the 19 proposed applications meet the zoned criteria for such uses. UNANIMOUS APPROVAL. FORWARD ORDINANCE TO RENEW MORATORIUM TO COMMITTEE OF THE WHOLE. 17