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
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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-
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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.
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