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Home My WebLink AboutCOW 2017-02-13 Item 3C - Discussion - Marijuana Retail Regulations: Potential Locations COUNCIL AGENDA SYNOPSIS A ----------------------------------Initials--------------------------------- ITEM NO. Meeting Date Prepared by Malior's review Council review • 02/13/17 NG 1)L 3.C. • ITEM INFORMATION STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 2/13/17 AGENDA ITEM TITLE Proposed Revisions to Permitted Marijuana Retail Locations CATEGORY Z Discussion ❑Motion ❑ Resolution ❑ Ordinance ❑ Bid Award ❑ Public,I-Tearing ❑ Other Mt g Date 2113117 Atg Date Ai g Date Mtg Date Mt g Date Mt ,g Date Mig Date SPONSOR ❑Countil ❑Mayor ❑HR ZDCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PIYI ❑Coud SPONSOR'S Tukwila has received two separate requests to modify permitted marijuana retail SUMMARY regulations. One would reduce exclusionary buffers around parks from 1000 feet to 100 feet. The second would expand the zones where marijuana retail sales are permitted beyond HI and TVS, though no specific zone is requested. REVIEWED BY [-] C.O.W. Mtg. Z CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. F-1 Trans &Infrastructure ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 1/23/17 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE No Recommendation; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE R-F,-QuiRI:,",D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/13/17 MTG. DATE ATTACHMENTS 2/13/17 Informational Memorandum dated Amended 2/8/17 in strike-thru, underlined format A. Donal Botkin's Request B. Ezra Eickmeyer's Request C. Map of Commercial Zones and WSLCB Use Buffers D. Map of Commercial Zones, 1000'WSLCB Buffers and 100' Parks Buffers E. Community Development and Neighborhood Committee Minutes 1/23/17 Minutes from the CDN Committee meeting of 1/23/17 199 200 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods Committee FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: January 12,2017 Amended February 7,2017 SUBJECT: Request for Review of Marijuana Regulations ISSUE Should Tukwila's marijuana retail zoning regulations be modified to expand the potential locations? BACKGROUND 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. In 2015 State marijuana regulations and the scope of local control over marijuana uses were significantly changed by two bills,2SSB 5052 and HB 2136.These allowed cities to reduce buffers for retail locations from 1000 feet to 100 feet for child care centers,parks,transit centers,and libraries but not schools or playgrounds.A year ago Seattle made major changes to its marijuana zoning code as follows: 1. For Any 502 business/license: • 1000 feet from any elementary school,secondary school,or playground as defined.in WAC 314-55. 2. Retail 502 business/license: • 500 feet from child care centers,game arcades, libraries, public parks, public transit centers,or recreation center/facilities except in Downtown Mixed Residential,Downtown Mixed Commercial,and within Downtown Urban Center west of 1-5,North of Yesler,and South of Denny Way where the 1000 foot rule will remain active. • 1000 feet from any other retail 502 business. Based on the property line, not door to door. 3. Non-Retail 502 business/license: • 250 feet from child care centers,game arcades, libraries, public parks, public transit centers,or recreation center/facilities. Shelton.George.Olympia and Tacoma have reduced their buffers in different ways. Issaquah considered overall buffer reductions but ultimately only reduced the distances between retail stores. Renton considered buffer reductions but ultimately kept the 1000 foot distance,instituted a citywide cap of 5 marijuana businesses and banned cooperatives and transporters(delivery services). Kent. SeaTac, Federal Way and Auburn have banned all marijuana businesses. 201 INFORMATIONAL MEMO Page 2 DISCUSSION Tukwila has received two separate requests to modify retail marijuana regulations. Item A-Mr. Botkin's request asks the Council to reduce the buffer between marijuana businesses and parks to 100 feet.The concern is that Briscoe Park in Kent limits potential locations within the TVS and HI Zones even though the River provides a barrier,see Attachment A.While this buffer reduction would apply citywide it would only open up new locations within the two permitted zones,unless the Council expanded the zones eligible for marijuana businesses per the request in Item B.see Attachment D. ts� I -� — S1 risc - J Legend Kent H HeavylndtisYial r t 'M Tukx9a WRY South f r wed Areas-Lnee5au rest"I by WSLCS and zones where majuana S 204 busnesses are not permied I f frS.mxd DeleSavW� W14f20151:49:61PJA Staff informed the City of Kent about this proposal and Mayor Cooke said that she found no convincing evidence to reduce the buffer. Kent staff also had concerns about odors from processing marijuana and the potential that a future pedestrian bridge at Briscoe Park could eliminate the river as a barrier.A pedestrian bridge was in the original Tukwila South development agreement but was removed in a later amendment so there are no current plans for a bridge. Item B-Mr. Eickmeyer's requests,see Attachment B,are to either: 1) Allow marijuana retail in one ortwo additional zones,or 2) Create a zoning overlay that would allow marijuana retail stores and could be applied to specific properties throughout the City. This is an open ended request that would take a considerable amount of outreach and analysis to implement.The simplest approach would be to add marijuana producer, processor and/or retail uses to one or more commercial zones as permitted uses per suggestion 1,see map at Attachment C. Adding the uses as conditional, rather than outright permitted,in these new zones would allow site by site review per suggestion 2.The code language would need to include approval criteria to address possible impacts. In either case we would want to notify property owners and businesses in the affected zones of the proposed changes. IZ:\Council Agenda Items\DCD\madivana\CDN Info Memo Buffer Changes Uodated.do 202 INFORMATIONAL MEMO Page 3 FINANCIAL IMPACT Tukwila currently does not have any marijuana production,processing or retail businesses and therefore does not receive sales based revenue sharing from this source. Expanding the areas eligible for marijuana retailers could result in additional tax revenue. RECOMMENDATION The Committee wasis asked for direction on whether staff should work with one or both requestors to develop an ordinance for review by the full Council.They made no recommendation other than that the Items should be considered by.the full Council,see minutes at Attachment E. Item A-Staff would support reducing the parks buffer distance because Briscoe Park is already buffered by the River. Item B-Staff does not support expanding the zones available to marijuana businesses at this time. due to existing 2017 work plan priorities. Should the Council wish to consider an ordinance for either item staff would take the draft to the Planning Commission for a recommendation before returning to Committee. ATTACHMENTS A. Donal Botkin's Request B. Ezra Eickmeyer's Request C. Map of Commercial Zones and WSLCB Use Buffers D. Map of Commercial Zones,1000'WSLCB Buffers and 100' Parks Buffers i-:E.CDN Minutes 1/23/17 ZACouncil Agenda Items\DCD\marijuana\CDN Info Memo Buffer Changes Uodated.do 203 204 D o irl II II 3 0 ill J irl aindJear-iine Wood ugusL 1 8, 2016 o' � k I "Al II �uturr, ......„ n imn yq J ,�� .. II'f' �J oA �' Legend ��;� III�111111111UI�111�r �� VSI Fla L uw^u: urticvD9 VV.S'M,CH j �W'4 Y ��YY I�M1 dNa1N wr / Z04 NP MtlCAY'+ 11h .&9 dYCfYCB GryA11CU�'tl V1111 111111))lU)119U1JJINP4tlJ�tj l 14M�0191 ,.... _... ,, .,. ,�»m,»m;, ». ...a ,;gym,". �� ,��. rb.bbrom,wr�rorr !m��uiwimwwwwuuumww,wmmUUUUi!w.ww !' ,WYW'M'PoYV�1llW@ NOlY51 @Goa!'17�,11yV�111111U111)JIJI� taaard i f Distance from Restricted Entities Per RCW 69.50.331(8)the[)card shall not issue a new marijuana HC if the proposed licensed business is within one thousand feet of the following entitles. The distance will be measured as the shortest straight line betty+ the property line of the potential location to the property line of t grounds of the entities listed below: • Elementary or secondary school; • Playground; • Recreation center or facility; • Chlid rare center; • Public park, • Public;transit center • Library;or, • Any dame arcad led to persons twenty-one or alder). Recent legislation allows local goveir rents to reduce the 10001-foot It g rtuirements to 100 feet around all entities except elennentary and ......... secondary schools and public playgrounds. pipmuuuiwuiwiiw➢uuuwwiwWUwwwm�uro�roro m�� n. �»»�,; :..,.. A,.,,, ..,............ _... WWUNV4P9, !' i :Wage 205 206 C Oirll Il II30UlJirll aindJeainine Wood ugusL 1 8, 201 q5 0 m VIII m�luum uuu IIII m�luum m mu uuuuuuuuuuu .... i € u� pm ;��///�/l��IWU IIUUUIly1JJ �� m �IIIIIIIIIIIII�IIIJII�IIW �0��//%//p� m ��IuIImIIII�II��JIIJI��I J��IVY uuuuuu 01 au iuou i u i m uml Ilum€ m II II um m mII I 1111a m m III ,lip III Z011111in ufum �� uau Dear Jack Pace, This is a request to amend the existing 1502 ordinance to modify the distances from specific entities to the current LCB accepted 100 to 1000 foot rule within the TVS/HI zone and 502 accepted areas. Specifically, we are asking that the 100+ ft between the building at 18700 south-center parkway in the TVS area and Brisco park to be acknowledged as an acceptable distance as allowed under current state provisions. The address we have submitted is within the TVS zone and 1502 accepted areas forTukwilia under current LCB distances is a approved location. We are not asking to allow usage outside the TVS/HI area. We are supportive of the city's decision limit 1502 to the TVS and HI area. Naga 207 Doirl Il II30UlJirl aindJeainine Wood d August 1 8, 2313 Our goal as a business group is to foster community enrichment and to enhance the lives for the multiple communities and Mirco-cultures within the city of Tukwilia. There are at least 4 ways this action will Create a positive change immediately for the city and the people of Tukwilia. 1 . We offer professional products and service. We are for true Medical and recreation purposes. 2. By establish this store front we will be eliminating a majority of the black market. Essentially The secondary market will not be able to compete with the legal industry. Having a controlled access point will also reduce crime. 3. We will be cleaning up the specified Location , the surround area and ensuring the TVS zone develops with a clean foundation as the zone develops. Naga 3 208 ugusL 1 8, 201 4. Crime reductions and police protection. We strongly believe in supporting those that support us the most. We will be adding security cameras that run 24 hours, security guards and after hour property and area Checks by a security service we hire. We Also believe this will free up officers and enforcement in Tukwilia to concentrate on problem areas and criminals that are actively dangerous to citizens in the community. Executive Summary ******************************* -------------------------- Mission -------------------------- Donal Botkin seeks to introduce Cannabis products and economic opportunities into the city of Tukwilia by respectfully collaborating and partnering with local, regional and state agencies. -------------------------- Service -------------------------- Naga 4. 209 ugusL 1 8, 201 We offer a retail store that allows the city to monitor cannabis activity at a low cost so that those that truly need it for medical, recreational or spiritual reasons can do so. We will provide high quality products and safety measures to those in the community so they can have more enjoyable lives. My plan is to design the store products around the medical and recreational needs of the people in the city so that the people can get what they want and need. believe this will give those in the community that need the products a better way of living. Thank you for your time and consideration. If you have any questions please feel free to contact me @ 206-604-3664. Donal Botkin Naga 210 Proposal to adjust Tukwila marijuana retail zoning To: Tukwila City Council,Staff 8/ Planning Director From: Ezra Eickmeyer, state & local lobbyist, marijuana industry interests Contact: 360-301-1842, Date: 1/2/2816 Background: 1-502, the state's 2013 voter initiative to tax and regulate marijuana, did nothing to prevent local jurisdictions from exercising full authority in regulating marijuana businesses. One of the primary intentions of 1-502 was to eliminate crime associated with the marijuana trade and to capture all existing adult sales of marijuana into the taxed and regulated stores. |n order Lo accomplish this goal nna statewide level, cooperation from local jurisdictions is an absolute requisite. Without retail store access in most jurisdictions with populations above 10,000, success in fully eliminating the illicit market and removing the criminal element from the marijuana trade is close to impossible. Acknowledging this fact, the Washington State Legislature passed HB 2136 in 2015 containing provisions to share a portion ofthe marijuana excise tax revenue with cities and counties that successfully open retail stores within their borders. The state is already receiving over$25 million per month in new revenues from the marijuana excise tax and that number will continue to grow as more and more cities work out zoning and regulations to place aL least one store within their jurisdiction. Once we have captured 9O96or more uf the state's pre-existing illicit market, state revenues could reach $30 million per month. The Tukwila City Council created zoning that initially seemed adequate to allow for at least one retail store. However, most of the real estate made available in the city's ordinance was in a section of town with mostly warehouses. Consequently, no marijuana retail stores have been able tosuccessfully locate in the city due to lack of available places to purchase orrent. |n order for Tukwila tnsuccessfully open at least one retail store, additional real estate would need to be made available in the city. Proposal: My proposal to the city is to consider one of two options for making additional useable real estate available for opening a marijuana retail store. The first option would be to simply open an additional 1-2 of the city's zones to marijuana retail. This would be the simplest and quickest option. I would be available to work with council and staff on exploring which zones may work the best for both the industry and the Tukwila community. Opening 1'2 new zones for marijuana retail would provide viable real estate for at least one store to locate, opening the door to a share in the state's marijuana tax revenues while helping to further reduce crime. The second option, if the city wants to have a more targeted approach, would be to create a marijuana zoning overlay that it could use to carve out specific properties on a case-by-case basis. This would be a more complicated process and would take longer to implement, but would give council more Attachment control over the placement of retail stores. This would not be the ideal option from the industry perspective, but I would be available to assist in any way I could if this were to be the preferred option. Next Steps: It is my understanding that there will be a hearing on a different proposal regarding marijuana retail zoning. We appreciate the efficiency of having both proposals discussed during the same hearing and request that this proposal be added to the agenda. | am in no way connected to or in communication with the entity that made the other proposal to you inAugust. Counci|members and staff are welcome to contact mne anytime tudiscuss. Thank you so much for your consideration and | look forward to our continued dialog. Ezra Eickmeyer EQ'A Strategic Consulting 360-301-1842 ezra@o|ypen.com , J . Commercial Zoning and WSLCB 1000 Use Buffers i lfWV i Ir / v: 1 7 D/A5/l��m �� ' , ��. Legend �._..._. �, 1000' B uffers Arcade I� ] Child Care Center t . i ,, D School Sites �� Transit Center IR C 0 Parks TUC District ;,.. ........ d �� 405 Uuu,�� »,»u TUC-CC T UC_p TUC-RC F11111111111A11111, T U C-T 0 D L.. ,,,,,,,,,I TUC-WP Commercial Zones CLI ELI MIC/H IHEM MUO NCC /f� ��,�,�, �,,;;;;�� , � � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII o RC L J RCM HI TVS ..at : 1rOf2CtS Or129.rnx Date Saved.1127I20179.47.48AM Attachment C 213 214 shington IA Commercial Zones pI 100 W SLCB Buffers 100 Parks Buffers E, ........... s 1�M1�IL�a 1, !,� Legend �r. / 100 Parks Buffer 1000' Buffers Arcade / 1. �y" I Child Care Center n y, � �r �' D School Sites / f. � .............. IS Transit Center C , r Nil, , Parks TUC District w 405 vu,v� I r »,»u TUC-CC TUC P % c �' T -RC U T U C-TO D TUC-WP Commercial Zones CLI / � � 1 L......... LI M I C/H x,51 HIM M U NCC /� � ��f % Illllllllllllllllllllllllllllllllllllllllllli O RC ( RCM HI / ` 0 TVS 'at R 'ro ects Par Ks Butter.rnxd Date saved 1/27/2017 9 33 29AM Attachment D 215 216 Community Devebpment&Neighborhoods Minutex-----------------------------.Jonuo(y23l20I7 • Renton Ecumenical- Hope Shelter($IJ805) • Somali Youth& Family Club ($3'OUO) • Sound Generations Meals UD Wheels /$A7O\ • Sound Generations Volunteer Transportation (8l2) • Sound Mental Health (PATH) (2'OUO) UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 6,2017 REGULAR CONSENT AGENDA. C. Proposed Changes to Marijuana Retai Regulations The City has received two unrelated requests to modify regulations to expand opportunities for retail marijuana locations in the City. 1) Mr.Donal Botkin has asked the City to reduce the buffer between marijuana businesses and parks to 100 feet(from the current 1000 feet) which is now allowed by state law. Briscoe Parkin Kent limits potential locations within the TVS and Hl Zones p� even though the river provides a significant barrier. Staff supports this request 2\ Mr. Ezra Eickmeyer has asked the city to either allow marijuana retail in additional zones ortO create 8 zoning OV2dJy that would allow stores and could be applied to specific properties in the city. Staff does not support this change 8t this time due tO existing work plan priorities. Committee members discussed the proposals and asked clarifying questions. Staff pointed out that House Bill I099 is currently in play and proposes to penalize cities that restrict rD8['u8D8 6t0[eS through forfeiture of liquor revenues. CUuD[ilDlernbe[ K[Ul[e[ requested that the item be forwarded tOthe Committee of the Whole with no recommendation due to the nature of the proposals, and the Committee agreed. She also requested information OO the City UfKent's position unthe buffer reduction proposal. NO RECOMMENDATION. FORWARD l[O FEBRUARY 13,2017 COMMITTEE OF THE WHOLE. Ill. MISCELLANEOUS Staff distributed copie3Of8 preliminary work plan for the Committee and COuDCi[members and staff reviewed the ih2OU5 planned for the year ahead. While items are not listed in order of priority, CUUnCilrnerDbe[ K[Ul|er requested that the item relating to 3UUrC9 of income discrimination be moved to number 1. Adjoucmed 6.31 p.m. Committee Chair Approval Minutes/mLH Attached. Preliminary 2 ' 7[nonnnun/h/Develoornent'DNei hborhondCornnn/theem/nrkp/onosneviem/edun 1123/I7 218