HomeMy WebLinkAboutCAP 2013-07-08 Item 2A - Ordinance - Renew Medical Cannabis Collective Gardens and Dispensaries MoratoriumTO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks
FROM: Jack Pace, Department of Community Development Director
BY: Stacy MacGregor, Assistant Planner
DATE: June 25, 2013
SUBJECT: Renewal of Moratorium on Medical Cannabis Collective Gardens and
Dispensaries
ISSUE
Should the City renew a moratorium on medical cannabis collective gardens and dispensaries?
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 does allow 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 69.51A.130)
On August 15, 2011, the City Council enacted Ordinance No. 2348 placing a moratorium on
cannabis collective gardens and dispensaries expecting the state to provide clarification on the
statutes and the conflicts created by the partial veto. Ordinance 2350 was adopted as findings.
In the 2012 legislative session, clarification was not provided but several initiatives addressing
cannabis were pending with the state legislature. On August 6, 2012, the City Council enacted
City Council Ordinance No.2379, which renewed a one year moratorium on medical cannabis
collective gardens and dispensaries. The established moratorium is set to expire at midnight on
August 13, 2013.
In November 2012, Initiative 502 was passed decriminalizing recreational marijuana use and
allowing for state licensed recreational marijuana retailers, processors and producers. The new
law did nothing to change the medical cannabis law. The two laws are overseen by different
state agencies and among other issues, provide different levels of oversight, licensing, and
quantities of marijuana for possession and production. While a state budget has not yet been
adopted, the provisional language in both the state house and senate budgets included direction
to the state liquor control board to harmonize the medical cannabis and recreational marijuana
laws.
DISCUSSION
Given that the state now allows local jurisdictions to exercise police powers to limit medical
cannabis while simultaneously establishing a licensing mechanism for recreational marijuana,
and, given that the state legislature may take up these conflicts in the next legislative session; it
is prudent to wait until after the rules for implementation are issued and until after the next
legislative session before developing regulations.
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2
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
None
RECOMMENDATION
The Committee is being asked to forward the ordinance to the July 22, 2013 Committee of the
Whole meeting and subsequent August 5, 2013 Regular Meeting.
ATTACHMENTS
• Draft Ordinance
• Ordinance 2379 (to be repealed)
• Ordinance 2350 (to adopt as finding)
W:12013 Info Memos-CouncillMedical MJ.doc
DRAFT
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. 2379; 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, medical marijuana was not addressed during the 2012 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
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WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, 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, the Washington State Legislature has not yet adopted a budget, but
has included provisionary language in both the House and Senate draft budgets to
direct the Washington State Liquor Control Board to rectify the inconsistencies between
the medical cannabis and recreational marijuana legislation during the January-March
2014 Legislative Session; 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. 2379 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 current moratorium
continued by Ordinance No. 2379 until a period at least 60 days after the close of the
2014 Legislative Session in order to investigate this issue further, obtain regulatory
clarity and guidance on how to proceed, 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 July 22, 2013 to hear testimony regarding
the City's moratorium.
Section 3. Duration. The moratorium renewed herein shall be in effect until May
31, 2014, 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:
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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 complies with Chapter 69.51A RCW, or an individual
person who is a qualified patient and who 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.
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
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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. 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 9. 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 10. 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 , 2013.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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City of Tukwila
Washington
Ordinance No. 2379
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING A 12 -MONTH 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. 2348; 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, after adoption of the City's moratorium, and despite calls from other
Washington State cities, the Washington State Legislature has failed to provide
clarification on the statutes relating to cannabis collective gardens and /or dispensaries;
and
WHEREAS, several initiatives are currently pending with the Washington Secretary
of State's Office addressing the issue of cannabis; and
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WHEREAS, the moratorium adopted by Ordinance No. 2348 will expire before the
initiatives go before the people of the State of Washington and, if adopted, before the
initiatives would be enacted into law; and
WHEREAS, the City is not in the position to expend scarce resources in developing
regulations that may be rendered obsolete in a very short time, based on action taken
at the State level; and
WHEREAS, the City desires to wait for the outcome of the vote on these initiatives
and, if passed by the people, to determine any impact these initiatives may have (either
directly or indirectly) on requirements relating to cannabis collective gardens and/or
dispensaries;
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 July 23, 2012 to hear testimony regarding
the City's moratorium.
Section 3. Duration. The moratorium renewed herein shall be in effect until
August 14, 2013, 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
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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 complies with Chapter 69.51A RCW, or an individual
person who is a qualified patient and who 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, production facilities, and
processing facilities including but not limited to review of the pending dispute between
state and federal law enforcement authorities regarding the legality of medical
marijuana under any circumstances and notwithstanding the enactment by the
legislature of RCW 69.51A. 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. 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. 2348 is hereby repealed.
Section 9. 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 10. 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.
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Section It 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 JOF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this LoY 14 day of P(43 ckSer , 2012.
ATTEST/AUTHENTICATED:
'Firev&J)
Christy O'F erty, MMC, City rk
APPR
RM BY:
ley Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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City of Tukwila
Washington
Ordinance No. 2350
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO 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; ADOPTING FINDINGS OF FACT TO JUSTIFY THE
MORATORIUM ADOPTED BY ORDINANCE NO. 2348; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on August 15, 2011, the Tukwila City Council passed 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, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A, the
City is required to hold a public hearing within 60 days of adoption of a moratorium and
to adopt Findings of Fact;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council adopts the following
Findings of Fact in support of the moratorium adopted by Ordinance No. 2348:
1. The possession or distribution of cannabis (marijuana) has been and
continues to be a violation of state law, pursuant to Chapter 69.50 Revised Code of
Washington (Washington's Uniform Controlled Substances Act), and federal law,
through the Controlled Substances Act ( "CSA ").
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2. Initiative Measure No. 692, approved by the voters of Washington State on
November 30, 1998, and now codified as Chapter 69.51A RCW, created a limited
defense to marijuana charges under state not federal—law if the person charged
could demonstrate that he or she was a qualifying patient or designated provider as
those terms are defined in Chapter 69.51A RCW. In 2007, the state legislature
amended the law, and in 2011 the state legislature passed a third amendment to the
law (E2SSB 5073, Chapter 181, Laws of 2011), portions of which the Governor vetoed.
The newly amended law took effect on July 22, 2011.
3. Prior to issuing her partial veto, the Governor received a letter signed by
Washington State's two U.S. Attorneys, Michael Ormsby and Jennifer Durkan. In their
letter, they wrote that marijuana is a Schedule I controlled substance under federal law
and, as such, "growing, distributing and possessing marijuana in any capacity, other
than as part of a federally authorized research program, is a violation of federal law
regardless of state laws permitting such activities." These U.S. Attorneys also
concluded, "state employees who conducted activities mandated by the Washington
legislative proposals would not be immune from liability under the CSA".
4. Because the Governor vetoed 36 of the 58 sections of the Legislature's bill
amending Chapter 69.51A RCW, the law, in its final form, understandably has
inconsistencies and ambiguities. For example, certain sections that were not vetoed
make reference to other sections that were vetoed.
5. The recent amendments to Chapter 69.51A RCW change the scope and
effect of the law. New sections affect the rights of qualifying patients and their
designated providers. The law now allows "collective gardens" that provide for growing
and cultivating up to 45 plants to serve no more than 10 qualifying patients. The law
also provides other changes to the rights and responsibilities of medical marijuana
patients and their designated providers.
6. The new law, however, clearly delegates to cities the authority to
implement zoning requirements, business licensing requirements, health and safety
requirements, and business taxes as those requirements and taxes relate to the
production, processing, or dispensing of medical marijuana. In particular, local
regulations could address ambiguities concerning the location and operation of
collective gardens, and ensure that provisions related to designated providers are not
used to establish a de facto dispensary when the authority for such uses was vetoed.
7. The City Council requires time to conduct appropriate research to
understand the extent of the changes provided in the new law, to analyze impacts and
potential liabilities under federal law, and to determine an appropriate regulatory
framework for any new uses that are allowed under these laws.
8. The City must ensure that proposed locations for these operations are
appropriate and that any potential secondary impacts arising from the operation of these
uses or facilities are minimized and mitigated. These secondary impacts may include,
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but are not limited to, burglaries associated with the cash and marijuana maintained on
the site, or an increase of other illegal activities, such as drug use, within the vicinity of
these dispensaries.
9. In particular, and without limitation, staff should analyze the impacts of
allowing these uses and facilities in residential zones as well as impacts arising from the
proximity of these uses and facilities to schools, daycares, parks, religious and cultural
facilities, jails and courthouses. Accordingly, the City Council finds that a zoning,
licensing, and permitting moratorium should be established, pending local review of
appropriate locations and design requirements of these operations, and impacts of the
newly amended law and its interaction with federal law.
10. City staff has presented a staff report to the City Council that outlines a
tentative schedule for examining the impacts associated with collective gardens and
dispensaries. Given the complexity of examining the issues associated with collective
gardens and dispensaries, the City will need at least one year to complete an in-depth
analysis and to complete a public outreach program.
11. The City Council, following public notice, conducted a public hearing
regarding the moratorium on October 3, 2011.
12. Although the City Council determines that a moratorium is necessary for
the reasons established above, the City Council emphasizes that it understands the
needs of persons suffering from debilitating or terminal conditions, as well as the
benefits that approved medical use of marijuana may provide these persons.
Nevertheless, given the complex legal and regulatory framework surrounding this issue,
a moratorium remains necessary until the City Council can adequately address the
competing interests at play.
13. The City Council has considered the foregoing facts, materials and
testimony.
Section 2. 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 3. 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.
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Section 4. 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,F THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this rV day of CI , 2011.
ATTEST/AUTHENTICATED:
Christy O'Flah4e , CMC, City Cler
APPROVE
BY:
Jggerton,
Filed with the City Clerk:
Passed by the City Council: /0-zi--- fi
Published: JO -6- Il
Effective Date: / 0-1/,-11
Sh- -y M. Kers a Attorney Ordinance Number:
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