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HomeMy WebLinkAbout2013-08-12 Community Affairs and Parks Minutes City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKSCOMMITTEE Meeting Minutes August 12, 2013–5:15p.m. PRESENT Councilmembers: Allan Ekberg, Chair(via telephone);De’Sean Quinnand Kate Kruller Staff:Jack Pace, NoraGierloff,MinnieDhaliwal, EvieBoykan, StacyMacGregor,Laurel Humphrey CALL TO ORDER: Committee Chair Ekbergcalled the meeting to order at 5:16p.m. I.PRESENTATIONS No presentations. II.BUSINESS AGENDA A. Ordinance: Amending the Zoning Code relating to Recreational Marijuana. Staff is seeking Council approval of an ordinance that would amend the Municipal Code to establish zoning regulations for the processing, production and retailsaleof recreational marijuana. Initiative 502, passed in November 2012, legalizes recreational marijuana use and directs the Washington State Liquor Control Board (WSLCB) to licenseand regulateproducers, processers and retailers of marijuana and marijuana infused products. The WSLCB is expected to adoptimplementation rules and to begin issuing licenses this year. OnJuly 22, the Council approved staff’s request to draft a zoning code amendment to designate recreational marijuana uses in certain zones in the City. On August 5, the Council adopted a six-month moratorium on recreational marijuana production, processing and retail to allow time for the development of sound zoning regulations. The Planning Commission has received a briefing and has recommended the zoning code amendment reflected in this proposed ordinance, which would permit recreational marijuana uses in the Tukwila Valley South (TVS) and Heavy Industrial (HI) zonesin the south end of the city. Under the proposed WSLCB rules, recreational marijuana commercial uses will be prohibited generally within 1,000 feet of schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers, which would effectively limit these uses to the north and south sides of the City. The staff- recommended zoning proposal would further limit use areas to exclude residential areas, the manufacturing and industrial areas in the north end, and Tukwila Urban Center and Mixed-Use Office in the south. This proposalwould restrict recreational marijuana use areasin order to minimize potential impacts and prevent incompatible uses, yet meet the intent of the law. Committee members and staff discussedthe proposal at length. Among thekeypoints affirmed by staff were the following: Property ownershave theright to decline to lease to a use onthe grounds of federal illegality. Continuous renewal (rolling) ofa moratorium is not viewed favorably and could subject Tukwila to litigation. The proposal has been thoroughly vetted and is legally sound. The state requires that recreational marijuana uses be allowed, but cities are allowed to impose zoning regulations as they see fit. The 2014 Washington State budget has language that calls for the WSLCB to develop recommendations to harmonize medical and recreational marijuana regulation. New rulesfor medical marijuana anticipated in the spring of 2014would allow an opportunity to revisit the zoning code and adjust as needed. Community Affairs & Parks Committee MinutesAugust 12, 2013 –Page 2 Commercial condo owners within an area zoned for recreational marijuana could lease or sell to theseuses, depending on the condo agreement. 100% of the 25% recreational marijuana retail tax will go to the state. Councilmember Quinn requested that a thorough chronology of staff research and Council action leading to therecommendation to regulate be included in the information presented to the Committee of the Whole. Committee members were divided on the proposal, with Councilmembers Kruller and Quinnfavoring the zoning proposed bythis draft ordinance. Committee Chair Ekberg indicated that limiting to TVS and HI in the south end is too restrictive, and he would like to consider more allowed areas for recreational UNANIMOUS APPROVALTOFORWARD TO AUGUST 26 marijuana uses in Tukwila. COMMITTEE OF THE WHOLE FOR PUBLIC HEARINGAND DISCUSSION. B. Briefing on Mobile Food Truck Vendors Staff is seeking committee direction on the regulationof mobile food trucks located on private property. Mobile street food vending is becoming more popular nationwide. Other cities are changing regulations to actively promote food trucks, while others limit their existence with an outright ban or separation requirements from brick and mortar restaurants.Food trucks have been active in Tukwila for at least two decades and there are currently 11 who have or who have applied for a business license. Currently, the Tukwila Municipal Code does not include provisions specific to mobile food trucks. They are not allowed on public sidewalks, and they are allowed in any zone that permits restaurants. They are also required to obtain a business license, for which they need to meet various permitting requirements. Code Enforcement inspects every food truck doing business in Tukwilato verify licenses and permits. If there is a violation, Code Enforcement can issue a civil infraction upon both the property owner and the mobile food truck owner. The vendor must cease operation until inspection requirements can be met. Staff presented three policy options for the committee’s discussion: 1)Make no changes; 2)Draft new regulations tofacilitate or promote mobile food vending (such as allowing them on sidewalks, allowing clusters, allowing them in additional zones, or allowing promotional events); 3)Draft new regulations to impose additional restrictions (such as restricting zones, addingseparation requirements, limiting hours of operation, or imposing design standards). Councilmembers asked clarifying questions of staff and discussed thepolicyoptions. Committee Chair Ekberg favored not taking immediate action since existing processes provide control, and there is not a pressing problem at hand. Councilmember Quinn expressed an interest in option 2 (promotion), adding that he is interested in Portland’s modelof allowing food trucks in parks after an RFP and competitive bidding. Councilmember Kruller is also interested in promotion, citing an example from Boston with a standardized design component. It was agreed upon that a committee member would report on the discussion to the Committee of the Whole and encourage the full Councilto give some thought to policy direction on this issue. Human Services staff mentioned that mobile food trucks can provide valuable economic opportunity for those who are unable to open a permanent restaurant spacedue to affordability. INFORMATION AND DISCUSSION ONLY. III.MISCELLANEOUS Committee Chair Ekberg mentioned citizen commentsregarding BNSF establishing a gravel parking area for trailers. Staff indicated that research has been done on this matter, noting the limitations due to federal preemption regarding railroad activities.Staff is prepared to brief Council, if desired. Community Affairs & Parks Committee MinutesAugust 12, 2013 –Page 3 Committee Chair Ekberg inquired about the new Starbucks location being planned at Tukwila International th Boulevard and S. 160St.--both the design as well as the potential for adverseimpacts on parking and access for customers of Ace Hardware. Staff indicated that design and layout are still being discussed, and it is subject to administrative design review.The preliminarydesign is somewhat industrial and is drive- through oriented. Meeting adjourned at 6:35p.m. Next meeting:Monday,August 26,2013–5:15p.m. –Conference Room #3 Committee Chair Approval Minutes by LH.Reviewed by NG.