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Planning Commission MINS 08-20-2014CITY OF FEDERAL WAY PLANNING COMMISSION August 20, 2014 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Lawson Bronson, Sarady Long, Wayne Carlson, Tim O'Neil, Dianalloble- Gulliford, and Nikole Coleman- Porter. Commissioners absent: Tom Medhurst, Hope Elder, and Anthony Murrietta (all excused). City Council present: Deputy Mayor Jeanne Burbidge, Members Lydia Assefa- Dawson, and Martin Moore. Guest present: King County Environmental Health Planner Amy Shumann. Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Senior Planner Janet Shull, Associate Planner Stacey Welsh, Officer Sierra Baker, Assistant City Attorney Ryan Call, and Administrative Assistant II Tina Piety. CALL TO ORDER Vice -Chair Bronson called the meeting to order at 7:05 p.m. APPROVAL OF MINUTES The minutes of July 2, 2014, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Conlen stated the next Commission meeting will be a public hearing on the proposed amendments regarding marijuana- related business on September 17, 2014. He commented that the Commission will be meeting often the next few months regarding the 2015 Comprehensive Plan Major Update. COMMISSION BUSINESS PRESENTATION — Seattle King County Health Department, "Health and Comprehensive Planning" King County Environmental Health Planner Amy Shumann delivered the presentation. While King County ranks high in regards to general health, South King County is less healthy. She reviewed health statistics and provided Commissioners with a copy of the Federal Way and East Federal Way Health profiles. In addition, she gave the Commissioners information about Communities Count, which is a public - private partnership committed to providing reliable, timely, and relevant data to improve the quality of life for King County residents (www.communitiescount.org). Ms. Shumann noted that community-wide policies and traits impact each person's health. Such policies and traits include: • Tobacco advertising near children • Availability of smoke -free housing • Bike and pedestrian facilities — access and quality K Tianning Commission \2014\Meeting Summary 08- 20 -14.dm Planning Commission Minutes Page 2 August 20, 2014 Parks — access and quality Access to healthy foods Density of liquor stores Good bike and pedestrian infrastructure; high quality public transportation; and quality, affordable housing all provide health, economic, and environmental benefits. Commissioner Carlson commented that if staff uses this data, be aware that correlation does not necessarily mean causation. Commissioner Noble - Gulliford asked what will happen to the data when the Federal Way Health Clinic closes. Ms. Shumann replied that there are no answers at this time. Commissioner Noble - Gulliford asked if marijuana use will be included in future statistics. Ms. Shumann replied that she will have to research this question and will let staff know the result. Commissioner Long asked how access to healthy food is measured. Ms. Shumann replied it is by how far one lives from a full - service grocery store. STUDY SESSION — Proposed Amendments Related to Development Regulations for Marijuana - Related Businesses Senior Planner Shull delivered the staff presentation. The intent of the study session is to provide an overview of state law and obtain Commissioner input. The City Council enacted a moratorium on marijuana - related businesses and directed staff to begin working on recommended regulations that address: appropriate zoning; health and safety; licensing; and compliance with the law. The moratorium expires on November 5, 2014. Per state law, up to three retail establishments may be located in Federal Way. The state does not limit the number of processing (turning marijuana into a product) or production (growing) establishments. There are separation standards from sensitive uses (schools, libraries, parks, etc.). Given partially to these separation standards, there is little area in Federal Way where marijuana establishments may locate. To date, 15 applicants have applied for a Washington State Liquor Board marijuana retailer license in Federal Way. Staff is keeping track of how other jurisdictions are responding to this issue. Staff's preliminary recommendations for amendments to the Federal Way Revised Code (FWRC) deal with appropriate zoning districts, separation standards, and definitions. Staff recommends that retail establishments be allowed in the Community Business (BC) and Commercial Enterprise (CE) zoning districts, with processing and production facilities allowed only in the CE zoning district. Adoption of the staff's recommendation of zoning districts would mean that establishments would be able to locate in a few areas at the south end of the Pacific Highway South corridor at SR 18 /South 348"' Street and the north end of the Pacific Highway South corridor at South 312`" and north to the city limits. Staff proposes adopting the state's minimum 1,000 -foot separation from sensitive uses. Such uses include: elementary and secondary schools; playgrounds; recreational center or facility; child care center; public park; public transit center; library; and game arcades open to people under 21. Staff proposes adopting the state definitions for: marijuana; marijuana processor; marijuana producer; marijuana retailer; marijuana - infused products; retail marijuana outlet; and usable marijuana. Staff recommends adoption of a new code section that would address: signage; facility size; security; visibility; hours of operation; indoor or outdoor growing; waste management; and fire protection. Upon receipt of Commissioner input, staff will proceed with development of specific recommendations for the FWRC amendments. The recommendations for amendments will be brought to the Planning Commission for consideration at a Public Hearing scheduled for September 17. The Planning Commission recommendation is tentatively scheduled to go to the Land Use /Transportation Committee October 6 and to the City Council October 21. Commissioner O'Neil asked if the city currently has any medical marijuana dispensaries and does the city have any applications for processing and /or production facilities. Senior Planner Shull responded that the city does not have any medical marijuana dispensaries (she noted that the legal opinion is that now with I- KAPIanning Coin mi ssi on \2014 \Meeting Summary 08- 20 -14. doc Planning Commission Minutes Page 3 August 20, 2014 502, any medical dispensaries will have to be retail outlets). Another possibility for medical marijuana is a collective garden. We do not have any that staff is aware of in Federal Way. It is unclear under 1 -502 how collective gardens will be regulated. Senior Planner Shull does not know if any processing and/or production facilities have been applied for. She can research the answer. Commissioner Carlson feels the staff is heading in the right direction. He is concerned about allowing group homes and marijuana - related businesses in the same area. The city may be placing people who struggle with the tendency to abuse next to retail sales of the product. Perhaps a smaller separation standard could be required for them (say a couple hundreds of feet, so we do not amplify that temptation). Senior Planner Shull responded that she has not seen a jurisdiction that has a separate separation standard for group homes, but she has seen some with separate separation standards for similar facilities. Staff will need to research this issue. Commissioner Long asked if a jurisdiction bans marijuana- related businesses, would another jurisdiction be allowed more than three retail establishments. Senior Planner Shull responded no, it is her understanding that the state will only allow a certain number of retail establishments in a jurisdiction based on its population Commissioner Noble - Gulliford expressed concern that churches are not included in the separation standards because many of them have schools and daycares. Senior Planner Shull responded that if a church daycare is registered with the state, they would be protected by the separation standard. She is not sure about schools in churches and if they are registered with the state. She will have to research this issue. Vice -Chair Bronson expressed concern that if church and home schools are registered with the state and protected by the separation standard, there may be no place in the city that a marijuana - related business could locate. Commissioner Long inquired if there is any information from Colorado regarding before and after crime rates. Officer Baker responded there are a few articles that discuss this issue and she can look up statistics that show that establishment in Tacoma are often robbed (because they are cash businesses). The potential for violence is there and some articles state they believe marijuana- related businesses have increased the crime rate in Colorado. Alternate Commissioner Coleman -Porter encouraged staff to base most of their proposed amendments on current state regulations because this is a fluid issue and those regulations may change, which could leave more detailed Federal Way regulations in conflict with the state regulations. Commissioner Long encouraged staff to make a special effort to let businesses in the proposed zoning districts and nearby areas know that amendments are being proposed that may allow marijuana - related establishments to locate near them. Vice -Chair Bronson noted that the Commission's consensus is for staff to proceed with the current direction regarding proposed amendments on marjuana- related businesses. ADDITIONAL BUSINESS Planning Manager Conlen introduced Alternate Commissioner Nikole Coleman -Porter and Assistant Planner Stacey Welsh. ADJOURN The meeting was adjourned at 8:30 p.m. K:Tlanning Commission \2014 \Meeting Summary 08- 20- 14.doc