HomeMy WebLinkAboutPlanning 2015-07-23 ITEM 5 - PUBLIC HEARING: MARIJUANA ZONING CODE AMENDMENT - STAFF REPORTCity of Tukwila Jim Haggerton, Mayor
Department of Community Development Jack Pace, Director
STAFF REPORT TO THE PLANNING COMMISSION
Prepared July 10, 2015
HEARING DATE: July 23, 2015
FILE NUMBERS: L15 -0007 Marijuana Zoning Code Amendment
APPLICANT: City of Tukwila
REQUEST: The Planning Commission will hold a public hearing on proposed
amendment addressing changes to state law regarding medical
marijuana
LOCATION: Citywide
NOTIFICATION: Hearing Notice was published in the Seattle Times on July 9, 2015, and
posted on the City of Tukwila website on July 9, 2015.
SEPA DETERMINATION: Addendum to E13 -0013 DNS
STAFF: Nora Gierloff, Deputy DCD Director
ATTACHMENTS: A. Draft Marijuana Zoning Ordinance
B. Community Affairs and Parks Committee meeting minutes
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BACKGROUND
Medical marijuana use in Washington was addressed in SB 5073 passed in 2011. However a partial veto
of the bill by the then Governor created a fragmented and inconsistent system of regulation. For this
reason the City has had a moratorium prohibiting medical marijuana collective gardens and dispensaries
since 2011. Tukwila has waited to create permanent rules for medical marijuana due to a lack of clarity
in state laws regarding medical marijuana and a lack of regulation of this industry.
In the fall of 2012 Washington voters passed Initiative 502 (1 -502) legalizing the recreational use of
marijuana and setting up a framework for regulated producers, processers and retailers. Tukwila
adopted zoning regulations allowing recreational marijuana uses in the Heavy Industrial and Tukwila
Valley South districts in 2013. Because 1 -502 was silent about medical marijuana there have been two
separate and legally unrelated sets of rules for recreational and medical marijuana.
Recent changes approved by the Washington State Legislature have brought clarity to medical
marijuana regulation and will dramatically change the current state medical marijuana laws in phases
through July 2016. At the June 22, 2016 Community Affairs and Parks (CAP) meeting the Committee
gave direction to the City Attorney and DCD staff to develop a draft ordinance that would ban
cooperatives, collective gardens and dispensaries, integrate the medical and recreational marijuana
industries in accordance with the new state laws, and establish significant civil penalties for violations.
The draft ordinance was reviewed by CAP on July 13, 2015 and they forwarded it to the Planning
Commission for a hearing and recommendation.
FINDINGS
State marijuana regulations and the scope of local control over marijuana uses have been significantly
changed by two recently adopted bills. After a partial veto by the Governor the text of SB 5052 is
available at:
http: / /lawfilesext.leg.wa.gov/ biennium / 2015 -16 /Pdf /Bills/ Session %20Laws /Senate /5052- S2.SL.pdf
The second change was HB 2136 and it is available at:
http: / /lawfilesext.leg.wa.gov/ biennium / 2015 -16 /Pdf /Bills/ Session %20Laws /House /2136- S2.SL.pdf
In response to these bills Tukwila is proposing to end its moratorium on collective gardens and
dispensaries and adopt amendments to its Zoning Code regulations regarding marijuana uses. The draft
ordinance in Attachment A makes the following changes:
1. Repeals the existing moratorium
2. Updates definitions to match those in the new state law
3. Corrects the omission of marijuana uses from the Tukwila South Overlay (where the underlying
zoning is HI orTVS)
4. Accommodates commercial medical marijuana uses within the same location criteria as
recreational marijuana uses
5. References state regulations, procedures and restrictions for growth of medical marijuana for
personal medical use
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6. Prohibits medical marijuana cooperatives, collective gardens and dispensaries
7. Establishes new civil penalties for violations of these regulations
REQUESTED ACTION
The Planning Commission is asked to hold a hearing on the proposed ordinance, develop a
recommended version and forward it to the City Council for final action.
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