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Planning Commission PKT 08-20-2014City of Federal Way PLANNING COMMISSION August 20, 2014 City Hall 7:00 p.m. Council Chambers AGENDA CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES July 2, 2014 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS • PRESENTATION Seattle King County Health Department "Health and Comprehensive Planning" • STUDY SESSION Proposed Amendments Related toDevelopment Regulations for Marijuana-Related Businesses 7. ADDITIONAL BUSINESS 8. ADJOURN Commissioners Tom Medhurst, Chair Lawson Bronson, Vice -Chair Hope Elder Wayne Carlson Tim O'Neil Sarady Long Diana Noble- Gulliford Nikole Coleman- Porter, Alternate Anthony Murrietta, Alternate KAPIanning Commissiod2014 \Agenda 08- 20 -14. doe City Staff Isaac Conlen, Planning Manager Margaret Clark, Principal Planner E. Tina Piety, Administrative Assistant 253- 835 -2601 wts -iv cih,o lederahvay.corn CITY OF FEDERAL WAY PLANNING COMMISSION July 2, 2014 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Tom Medhurst, Hope Elder, Lawson Bronson Sarady Long, Wayne Carlson, and Diana Noble - Gulliford. Commissioners absent: Tim O'Neil, Nikole Coleman - Porter, and Anthony Murrietta (all excused). Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark Senior Planner Janet Shull, Contract Assistant City Attorney Kim Adams Pratt, and Administrative Assistant II Tina Piety. CALL TO ORDER Chair Medhurst called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of May 21, 2014, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Conlen introduced our new Commissioner Diana Noble - Gulliford and Alternate Commissioners Nikole Coleman- Porter, and Anthony Murrietta (both absent), all of whom were appointed at last night's City Council meeting. He announced that City Attorney Peter Beckwith took another job and introduced Contract City Attorney Kim Pratt- Adams, who will attend commission meeting in interim. Staff plans to hold the next meeting on the first meeting of August (August 6) on the proposed amendments regarding marijuana sales. Commissioner Elder said many of us will be at FUSION event and we will not have a quorum that evening. Planning Manager Conlen stated we need to schedule the marijuana sales public hearing soon due to moratorium (expires in early November); would August 13 work for the Commissioners? He will send out an email on this issue. COMMISSION BUSINESS BRIEFING — Federal Way Comprehensive Plan (FWRC, Comp Plan) Major Update — Chapter One Principal Planner Clark delivered the staff report. Commissioner Long recused himself because he will be working on the Comp Plan. Staffs plan is to first present chapters as briefings (one or two at a time); staff will incorporate comments after all briefings; then will bring all chapters at same time for the public hearing. Staff received a comment from A Hopkins and has given Commissioners a copy. Principal Planner Clark went over the background. The Growth Management Act (GMA) requires the city to complete a major update to the Comp Plan every eight years; the deadline for the next one is June 30, 2015. This update is to include: review; revise if necessary; legislative action; and a public participation plan. The public participation plan includes open houses (one was held March 19, 2014); a K APlanning Commission \2014\Meeting Summary 07- 02 -14.dm Planning Commission Minutes Page 2 July 2, 2014 Comp Plan update web page; an interested parties list (citizens can opt to receive updates of notices via the Notify Me, through the web site); and surveys. Staff goals for the Comp Plan update are to: focus on the vision, goals, and policies; delete superfluous language; make it easier for citizens and decision makers to read; for readers to quickly grasp what the vision of the plan is and how it will be implemented; and make it more interesting by adding graphics. All proposed revisions will be reviewed by pertinent departments and divisions (for example, Chapter One was reviewed by the Community Services Division and some of their proposed changes were included). Chapter One proposed changes are housekeeping to improve the flow of the chapter, update references, incorporate language on active living, and delete the history of Federal Way since this information may be obtained from the Federal Way Historical Society. Chapter One does not describe Federal Way today; but are aspirational statements of what we hope the city will be in 2040. Commissioner Carlson thanked the staff for shortening the Comp Plan. He noted that some actions are stated in past tense and suggested they should not be past tense; what seems long gone may reappear or be revisited. Commissioner Noble - Gulliford agrees with Mr. Hopkins concerns, especially in regards to transportation. She asked if any roads in the city center are in the current Transportation Improvement Plan (TIP). Principal Planner Clark replied that she does not know at this time, but it will be addressed during review /discussion of the city center chapter. Commissioner Bronson commented that some of the graphics need to be larger, specifically the ones on page 3 and 11. Chair Medhurst requested that staff be sensitive while removing so much information. PUBLIC HEARING — Proposed Amendments Related to Group Homes Type III Senior Planner Shull delivered the staff presentation. In 2013, the City Council enacted a moratorium on siting of Group Homes Type III and sex offender housing and directed staff to begin working on recommended regulations. The City Council also adopted Ordinance 13 -746 that establishes a definition of "significant impact business" and requires licensing and regulation of "significant impact businesses" as a Group Home Type III. The zoning code currently has a definition of Group Homes Type II and Type III. It currently specifies where Group Homes Type II may be located, but not Type III. The code amendment under consideration this evening would establish where, and under what conditions, Group Homes Type III may be located within the city. Staff prepared a memorandum with additional information in response to Commissioners' questions at the May 21 Study Session. Senior Planner Shull reviewed the memo. In addition, she presented a map showing the proposed zones /areas Group Homes Type III could locate, and noted the area is very small. Gary Pena — He supports the proposed amendments. He lives near the house that was shut down last year. He was aware the moratorium was about to expire and wants to know what the city is doing in regards to this issue. He stated Normandy Park has no sex offenders; if Normandy Park can get away with this, why not us? Puyallup limits them to two per house. At one point there were 13 offenders in the house near him. Commissioner Noble - Gulliford asked: How will the city enforce this proposed code amendment; Does the city have to allow essential public facilities; and Do the police have a way of knowing how many residents are at the same address? Planning Manager Conlen responded that enforcement will be done by the Police Department and Code Compliance. For the most part, the city will be made aware of an issue by a neighbor's complaint. The Police Department is notified when a sex offender moves into the city. Regarding essential public facilities, the city cannot prohibit them. Senior Planner Shull introduced Lieutenant Tom Robinson from the Federal Way Police Department. He commented that according to Police records, the house in question never had 13 registered sex offenders, the maximum was seven. Police do verify the residence of registered sex offenders. It is the Department K:Tlanning Commission \2013\Meeting Summary 06- 24- 13.doc Planning Commission Minutes Page 3 July 2, 2014 of Corrections (DOC) that makes the decision if a house is available. Police now has a database they can manipulate and identify where sex offenders are living and if more than one resides at a particular address. Currently, the city does have some addresses with more than one sex offender, but they are disabled. Police do verify if they are actually residing at the stated address (for Level 1 offenders they check once a year or if they move; for Level 2 twice a year; and for Level 3, every quarter). The city has 165 registered sex offenders, of which most live in single - family residences. Commissioner Carlson asked if the city can determine spatially where offenders are. Do they tell Police where they are living or do they ask where they can live? Lt. Robinson responded that offenders are mandated to report to King County Sheriff. Federal Way Police are then notified by the county; but can review thru the database. Commissioner Carlson asked if the city can the tell King County Sherriff that only so many can live in a house. Lt. Robinson replied that he does not know if the city can dictate to a county agency and will have to research the issue. Commissioner Carlson asked how long the King County Sherriff takes to inform the city. Lt. Robinson responded that the city is informed within days, and automatically through the database system. Commissioner Bronson asked if the proposed amendments will restrict violent crime offenders as well. Planning Manager Conlen responded that the amendments also deal with violent crime offenders. Commissioner Noble - Gulliford asked how the transition will occur for any Group Homes Type II in residential zones. Senior Planner Shull replied that the city is not aware of any Group Homes Type II currently in residential zones, but if there were, they would be considered a nonconforming use. Commissioner Carlson moved (and it was seconded) that the proposed amendments related to Group Homes Type III be recommended for approval as written. There was no further comment and the motion carried unanimously. Chair Medhurst closed the public hearing. ADDITIONAL BUSINESS John Hicks, 31033 26`h Avenue South — Regarding Chapter One, page 1 -3, Growth Management Act (GMA) he commented that he noted the city took out information about why GMA was passed and suggests something be added about progress and what the GMA has achieved. Planning Manager Conlen responded that what is proposed is a philosophical distinction of how we want the document to look. The staff wants to slim down the document and for that reason took out much of the background and historical information that is available in past FWCPs, other documents, and the Federal Way Historical Society. Staff will consider the suggestion. John Hicks — He further stated that on page 2, staff took out the word "our" and replaced it with "the "; but that seems to exclude the community. Planners should be invested in the community. Chair Medhurst responded that is a good comment and will be considered. ADJOURN The meeting was adjourned at 8:16 p.m. KAPlanning Commission\201AMeeting Summary 06- 24- 13.doc .. . •- FT v Elise— Y 1900 �D 2013 Pneumonia Heart Disease Epidemiologic Transition Over Time Tuberculosis Certain Cancers Diarrhea Stroke Unintended injury King Counth ianks h AW 8/20/2014 I . , .cau— c*irn"*um*a.^ King County ^T.b.~"v° m%/2200 ds°m cn~m°~*nv.*"/ R,ate p Average Annual Ca..es Count 1. Can— 163.8 2793 2. Heart Dise— 149.2 2GO8 3. Stroke 44.6 776 G. Vrhi,!e C.U;si.n. 2% '220 d-th^ S. Unintentional mi-Y 31.6 587 S. Chronic Lower Respiratory 32.4 539 Oise- 9. Suicide 11.1 212 10. ChronicU—Diseaseard 7.3 145 All Cause. G57.6 11474 .cau— c*irn"*um*a.^ King County ^T.b.~"v° m%/2200 ds°m cn~m°~*nv.*"/ 17% 12000 d.°m m"°°ity ,^^~~"~.~rti~ ,^/mods^hs -------'------ ------------------------ ^u', *°'^ 3%,370w°ths "n~io^g.^ ,v/,mdeaths ------------------- ---------'—'------ G. Vrhi,!e C.U;si.n. 2% '220 d-th^ ,.,i—.r., Us. .=,,^°^."". ~ High Risk "o—..u�1�avi., =%/`00 d-9," ----------------- '--'-----'------'----- | D. ft— 20e8 Z ' � 4 Q t i DETERMINANTS OF EQUITY 8/20/2014 • - � = -- rte.__ � r �. IoS fOf II- 1) iiskfirtors and chroncoseasr_s Ijmyandvolencc -mated mortality�1 _ 1 v Maternal and infant health A,cess to care and preventive services Multiple data sources: • Census and American Community Survey _ • The Behavioral Risk Factor Surveillance System (BRFSS) • Vital Statistics: birth and death records ^ Hospita Iization discharge data • Cancer Registry -- 3 C Y-11h P,afik -F-1 Way Federal Way •King County OWA State q 200 i$5 150 8 e too E 8 � o Evidence based decision making: Redmond City - used CHI, BRFSS, HYS, and Census data for their park planning process Cities of Seattle, Tukwila, Shoreline, Bellevue - human services planning • City of Seattle - Pedestrian Master Plan, Bicycle Master Plan, Neighborhood Plan (and Updates) School districts throughout King County use data to plan enrollment 8/20/2014 4 8/20/2014 people prosperity ad.-. HEALTHY COMMUNITIES planet Increases Hetlucea Preen space Mental health Density of alcohol Gun-related violence in outlets vicinity Walkable daily Physical activity and social destinations capital " m mrm ,7 8/20/2014 n rnu , cc's rcMc em w¢ 8/20/2014 Research model policy language"m Review draft policies • Facilitate access to data • Participate in community workshops • Resource websites: • Countywide Planning Policy tool • http: / /www.kingcounntgov /property/ permits /codes /growth /GMPC /CPPs.aspz • Tacoma Pierce County Health Department • http:// www. tpchd. org/ environmentllanning -healthycommunities /healthy_ community -p l a nn n g -too I box AMY SHUMANN: ar,v.shumann @kinRcountv.aov 206 - 229 -5884 Public Health a Seattle King County King County City Health Profile Federal Way !* 'rr '' L', s' �d S 771N St Sound u-. -... SIfOLh St �•( �.. ��R -�i.•� 770 St J :96th st S " Z; > :.:a., 5794th St r� �t,btNtl = Sftrei y Aj yd X71, n r 5 736th st - s s 344th 54 D. "J _4 •� (fit 91K st SW 1: s'.V 756th %, s 5 356m Algona w'� '6C'h st 3 Ift lAt Avs ''``t 1 '( t ".•.-9wh alb � �t 1_� 1 c F 310 A, " 71d Aw SS Oc to 'he r -, 2012 ]St h St ,SAY q 5 l:9t11 st J' g ]:1t[ N1 LNJ .w u,.T, Federal way 736L1 SW � N �i � � ois%t r, ,tIjtOn R O - - Aj yd X71, n r 5 736th st - s s 344th 54 D. "J _4 •� (fit 91K st SW 1: s'.V 756th %, s 5 356m Algona w'� '6C'h st 3 Ift lAt Avs ''``t 1 '( t ".•.-9wh alb � �t 1_� 1 c F 310 A, " 71d Aw SS Oc to 'he r -, 2012 City Health Profile — Federal Way Introduction A city health profile is a public health report that provides information on health indicators and their determinants. The purpose of the report is to inform policy- makers, government agencies, and the public about population health at the local level. In this series of city health profiles, King County is divided into 25 areas. Some of these areas are a single city, some are a group of smaller cities, and some are unincorporated areas. For each of the 25 areas, the report includes seven sections: • Demographics • General health status • Leading causes of death • Health risk factors and chronic diseases • Injury and violence - related mortality • Maternal and infant health • Access to care and preventive services For each section, data are presented in a chart and a table. Below is a description on how to read the chart. ■ City •King County OWA State 16� Each chart compares the city rate to that of King County and Washington State. Health Indicatorl - full label. Heal.th Indicatorl - full label 7 21 N 4 3 6 4 H 3 9 The table under each chart has more complete labels for the indicators in the chart. It also contains the actual indicator value for the city and a "rank" that ranks the city from worst (1) to best (25) in relation to other King County areas for which health profiles have been created. The "SIG" column in the table specifies whether or not the health indicator rate for the city is significantly higher than (H), significantly lower than (L), or not different frorn (N) the King County average. This report is produced by the Assessment, Policy Development & Evaluation Unit at Public Health — Seattle & King County. For more information and updates, please contact data.request @kingcounty.gov 10 , i 01$ .,,., The orange, hollow circle represents the $ Q indicator value for WA State. U 6 The blue, solid bar represents the indicator value for the city. c� 4 The purple, solid circle represents the indicator value for King County. 0 Health Health Abbreviated Indicator Label Indicator'I Indicator2 Health Indicatorl - full label. Heal.th Indicatorl - full label 7 21 N 4 3 6 4 H 3 9 The table under each chart has more complete labels for the indicators in the chart. It also contains the actual indicator value for the city and a "rank" that ranks the city from worst (1) to best (25) in relation to other King County areas for which health profiles have been created. The "SIG" column in the table specifies whether or not the health indicator rate for the city is significantly higher than (H), significantly lower than (L), or not different frorn (N) the King County average. This report is produced by the Assessment, Policy Development & Evaluation Unit at Public Health — Seattle & King County. For more information and updates, please contact data.request @kingcounty.gov City Health Profile - Federal Way *Persons of Hispanic /Latino ethnicity can be of any race. AS peaking a language other than English at home. #Counts from the American Community Survey are not shown because of their potential large sampling error. Data sources: U.S. Census, 2010 (age and race /ethnicity) and American Community Survey, 2006 -2010 average. The largest Asian ethnic groups in Federal Way, 2010 Census Federal Way King County WA State_ 37.9 Total 2,587 20.0 Vietnamese Total Population 2010 89,306 - 1,931,249 6,724,540 Age 859 6.6 0 -17 22,852 25.6 2144 23.5 18 -24 9,118 10.2 9.2 9.7 25 -44 24,740 27.7 31.6 27.4 45 -64 23,359 26.2 26.9 27.1 65-L 9,237 10.3 10.9 12.3 Race /ethnicity* White 51,346 57.5. 68.7 77.3 Black /African American 8,703 9.7 6.2 3.6 American Indian /Alaska Native 836 0.9 0.8 1.5 Asian 12,642 14.2 14.6 7.2 Native Hawaiian /Pacific Islander 2,399 2.7 0.8 0.6 Other 7,452 8.3 3.9 5.2 Multiple Race 5,928 6.6 5.0 4.7 Hispanic /Latino 14,476 16.2 8.9 11.2 Education (among adults age 25 +) No high school diploma # 11 8.1 10.4 No college degree # 74 54.8 69.0 Poverty Below 100% Federal Poverty Level # 13 10.2 12.1 Below 200% Federal Poverty Level # 30 22.2 28.1 Foreign -born # 24 19.8 12.7 Language (among population age 5 +) Non- English speaking at home" # 31 24.3 17.5 Housing cost burden (among renters) Pay >_30 % of Household income on rent # 50 44.7 48.9 *Persons of Hispanic /Latino ethnicity can be of any race. AS peaking a language other than English at home. #Counts from the American Community Survey are not shown because of their potential large sampling error. Data sources: U.S. Census, 2010 (age and race /ethnicity) and American Community Survey, 2006 -2010 average. The largest Asian ethnic groups in Federal Way, 2010 Census 3 Korean 4,906 37.9 Filipino 2,587 20.0 Vietnamese 1,504 11.6 Chinese (except Taiwanese) 1,171 9.0 Asian Indian 859 6.6 3 City Health Profile -- Federal Way General Heal-th Statilis _7 The World Health Organization defines health as the state of,complete physical, mental and social well - being and not merely the absence of disease or infirmity. In this section, Nve present data on life expectancy and self - reported health status to describe the general health status of the city residents. ■ Federal Way • King County OWA State '100 25 l O 80 i 20 60 ) 15 40 I 10 20 � 5 - - -- - __ Life expectancy Fair /poor activity Frequent Poor mental Poor health limitation mental health days physical distress health days Life expectancy at birth (year) 78.8 3 L 81.5 79.8 Self- reported general health is fair or poor ( %) 17 2 H 10 14 Limited in any way in any activities ( %) ' 22 13 N 21 24 Had 14+ bad mental health days in past 30 days (%) 11 4 N 3 10 Days mental health not good in past 30 days (mean) 3 4 N 3 3 Days physical health not good in past 30 days (mean) 1 3 H 3 4 Except for life expectancy, the general health status indicators are for adults age 13 +. Data year: Life expectancy: 2006 -2010. General health status: (1) area and KC= 2007 -2011; (2) WA =2006 -2010. Rank: ranking among the 25 King County areas from worst (1) to best (25). SIG: whether or not the indicator is significantly higher than (1 -1), lower than (L), or not different from (N) the KC rate. Data source: Death certificate and the Behavioral Risk Factor Surveillance System (BRFSS), Washington State Department of Health, Center for Health Statistics. City Health Profile - Federal Way Lq 'it Causes of Death � This section prc sk <,i:�s th(, toil) io (-�w s (&dcath. m Federal Way • Kin; (.:01-inty OWA State 0 200 0 CD 0 150 o� n_ N ,_J 12 100 v 50 o e �� sa Cam e�� Q,� �� ,�t� i✓�ae 1ao2 �e ,,et •�a�� Total Mortality 791.7 2950 2 H 638.1 716.4 Cancer 180.6 689 7 1 -1 159.2 174.7 Heart disease 171.2 623 5 H 138.2 160.3 Alzheimer's disease 72.3 255 1 H 42.3 43.1 Chronic lower respiratory disease (CLRD) 47.5 165 2 H 32.2 43.2 Stroke 43.3 153 6 N 36.6 40.4 Accidents and external causes 29.2 123 13 N 31.7 39.4 Diabetes mellitus 31.6 118 1 H 19.0 23.3 Suicide 11.2 50 8 N 10.8 13.0 Chronic liver disease and cirrhosis 9.6 42 7 N 8.3 9.8 Essential hypertension /hypertensive renal dis 10.4 40 1 N 6.6 7.4 Rate: age-adjusted rate per 100,000. Count: five -year total deaths. Rank: ranking among the 25 King County areas from worst (1) to best (25). SIG: whether or not the indicator is significantly higher than (H), lower than (L), or not different from (N) the KC rate. Data source: Death certificate data, Washington State Department of Health, Center for Health Statistics. 5 City Health Profile — Federal Way Mealdi risk facteirs and chronic diseases Health risk factors, are behaviors and characteristics that make people more likely to develop disease. Awareness of' these risk factors may enable people to make healthy choices about their activities, habits, and diets. Some risk factors, like hypertension and high cholesterol, are also chronic conditions that should be monitored by a healthcare provider, and if treated, may be able to be prevented or reversed. The prevalence of coronary heart disease, diabetes, and asthma among adults are also presented in this section. ■ Federal Way • King County O WA State 50 40 a� 30 U v 20 10 0 K\ Excessive alcohol consumption 15 19 1`4 19 17 Did not participate in any physical activity 25 1 H 15 18 Obese (BMI > =30) 23 6 H 21 26 Current smoker 16 5 H 11 16 Have high blood cholesterol 41 9 N 36 38 Ever been told to have high blood pressure 30 4 N 24 27 Had coronary heart disease or heart attack 4 3 N 4 5 Have been told to have diabetes 8 6 N 6 7 Have current asthma 7 20 N 3 9 Note: unless specified, data are for adults age 18 +. WA State data are for 2006 -2010. Rani: ranking among the 25 King County areas from worst (1) to best (25). SIG: whether or not the indicator is significantly higher than (H), lower than (L), or not different from (N) the KC rate. Data source: the Behavioral Risk factor Surveillance System (BRFSS), Washington State Department of Health, Center for Health Statistics. 6 City Health Profile — Federal Way PnjLll -y and violence - related mortality Injury is a leading cause ofdeath, clisahility, and hospitaliratloll. Many unintentional and intentional injuries are potentially preventable. For example, death from motor vehicle accidents can be reduced through education, mandating the use of seatbelts, tougher laws against drunk driving and distracted driving, and engineering. ® Federal Way • Ding County O WA Mate 0 16 0 0 L Q� L 3 O Q .- Ln v 4 w . a: 0 MVA Fatts Suicide Homicide Firearm Motor vehicle accidents (MVA) 7.8 35 10 N 6.2 8.5 Falls 6.5 24 21 N 9.3 10.2 Suicide 11.2 50 11 N 10.8 12.0 Homicide 5.0 22 NA N 3.2 2.8 Firearm 7.8 34 9 N 6.7 8.0 Rate: age- adjusted rate per 100,000. Count: five -year total deaths. Rank: ranking among the 25 King County areas from worst (1) to best (2.5). For homicide, ranking is not provided because there are insufficient numbers for reliable comparisons. SIG: whether or not the indicator is significantly higher than (H), lower than (L), or not different from (N) the KC rate. Data source: Death certificate data, Washington State Department of Health, Center for Health Statistics. City Hea!th Profile — Federal Way Maternal and child heath - - - - -- - -- Planning for a healthy pregnancy and a healthy baby begins before conception, through healthy lifestyle and nutrition choices. Once pregnant, getting early and regular prenatal care is an important step to have a healthy pregnancy and to decrease the incidence of maternal and prenatal niorbidity and mortality. ■ Fedora[ Way • King County OWA State_ 20 15 10 0 5 p Late/no Smoking Low birth wt Very low Teen birth Infant prenatal care during prep. birth wt mortality Late or no prenatal care /100 births 9.0 574 2 11 5.2 5.9 Smoking during pregnancy /100 births 7.8 524 4 H 4.2 9.9 Low birth weight (< 2500)/100 births 6.5 443 12 N 6.7 6.4 Very low birth weight (< 1500)/100 births 1.0 65 12 N 1.0 1.0 Adolescent birth rate per 1000 ferules 15 -17 15.5 151 7 H 9.6 14.8 Infant mortality per 1000 live births 6.6 45 3 1-1 4.1 4.9 Rank: ranking among the 25 King County areas from worst (1) to best (25). Count: five -year total numbers. SIG: whether or not the indicator is significantly higher than (H), lower than (L), or not different from (N) the KC rate. Data sources: Birth Certificate and linked infant birth -death certificate data, Washington State Department of Health. City Health Profile — Federal Way Access .. Le and preventive services ��a� ing access to adequate and Limcly Health care :u��l rrr� i� iu�; r� °c��innu u�IL'd 1>r('\ r111 1\ � scrcices ilrev cut or les"en illness and improve quality of life. ■ Federal Way • Kira County O WA State 80 60 U 40 - cN � 20 -� -- - Uninsured (age 18 -64)* 26 NA NA 16 19 Could not see a doc. 1+ times in past year due to cost 13 8 N 10 13 Does not have a personal doctor 26 3 H 20 22 Did not have a flu shot during the past year 61 8 N 58 62 Never had pneumonia vaccination (age 65 +) 27 12 N 28 29 No mammogram within 2 years (age 50 -74) 27 1 N 13 20 No Pap test within 3 years, age 21 -65 26 5 N 15 20 No dental visit during the past year 28 6 N 23 27 Note: unless specified, data are for adults age 18 +. WA State data are for 2006 -2010. Rank: ranking among the 25 King County areas from worst (1) to best (25). SIG: whether or not the indicator is significantly higher than (H), lower than (L), or not different from (N) the KC rate. Data source: the Behavioral Risk Factor Surveillance System (BRFSS), WA State Department of Health, Center for Health Statistics. *The uninsured rate, if available, is based on the American Community Survey, 3 -year average, 2009 -2011. City Health Profile- Federal Way I eighborhood Comparison - Federal Way Federal Way Central /Military Rd Dash Pt Compare Total Population, 2010 - _ 56641 32644 Age Groups (%) 0 -17 25.9% 25.0% _ 18 -24 10.5% 9.8% - 25 -44 28.4% 26.6% 45 -64 25.1% 28.0% 65+ 10.2% 10.6% Race /Ethnicity White 55.3% 61.6% - Black /African American 9.4% 10.3% American Indian /Alaska Native 1.0% 0.9% Asian 16.1% 10.7% _ Native Hawaiian /Pacific Islander 2.8% i 2.5% Other 8.7% 7.8% Multiple race 6.8% 6.4% _ Hispanic /Latino 16.4% 15.9% - _ _ Education (among adults 25 +) No nigh school diploma NA NA No college degree f.A NA _ Poverty _ _ Below 100% Federal Poverty Level NA NA Below 200% Federal Poverty Level NA NA___ Foreign Born _ NA -� NA Non - English speaking at home NA ' Life Expectancy at birth (years) _ I 77.6 _NA _ 81.2 Deaths_ PerYear(2006 -2010 Average) 425 165 Leading Causes of Death (Age - adjusted Rate Per 100,000 Population) Cancer 182.8 176.0 Heart disease 192.3_ 129.0 _ Alzheimer's disease 84.8 46.1 _ Stroke 49.8 32.1 - _ Accidents- - - 32.1 23.3 - Chr lower resp dis 56.0 31.1 Diabetes mellitus _ 39.9 l - 17.8 Suicide 12.6 8.7 Influenza and pneumonia 11.8 7.3 Chr liver dis and cirrhosis --------- - - - - - 9.9 8:6 -- --------------- _ Health Risk Factors, age 18+ (%) - -- Obese (BVd > =30) 30% 28% Current smoker 17% 16% - No physical activity in last 30 days 27% 23% _ General health is fair or poor (%) 19% 15% 10 R ran Pe - ti5�a Vashon Island ,�plet Sound Public Seattle & King County King County City Health Profile East Federal Way Des Moil. 'Kent Kent ti Des Moines/NormaAdyAr�c 5t Kerk -East � El, its, 51 • w•st s[ - Kent Kent -SE East Fedea7 Way m- Fed Way -Dash Point/Wobdmont Auburn -Marto s r saamrev: >t ( x,.. Auburn Eat 4E 3t"c `SE .r a •�Vetr: �� Federal ~j'Sl3.t"45 3n ?,v u ; ll 3 st nEi �i - 3 .t ay . Way E-iZed Wa 'Central/Mddary Rd t a °n umclaw /SE Cbun Auburn -South ~ N East Federal Way s " "5'`x 59 Auburn Pacific L '), >cernber, 2012 City Health Profile — East Federal Way IntrodUCti0r) A city health profile is a public health report that provides information on health indicators and their determinants. The purpose of the report is to inform policy- makers, government agencies, and the public about population health at the local level. In this series of city health profiles, King County is divided into 25 areas. Some of these areas are a single city, Borne are a group of smaller cities, and some are unincorporated areas. for each of the 25 areas, the report includes seven sections: • Demographics General health status Leading causes of death • Health risk factors and chronic diseases • Injury and violence - related mortality • Maternal and infant health • Access to care and preventive services For each section, data are presented in a chart and a table. Below is a description on how to read the chart. ■ City • King County OWA State Each chart compares the city rate to that of King County and Washington State. Health Indicatorl - full label Health Indicator2 - full label 7 21 N 4 8 6 4 H 3 9 The table under each chart has more complete labels for the indicators in the chart. It also contains the actual indicator value for the city and a "rank" that ranks the city from worst (1) to best (25) in relation to other King County areas for which health profiles have been created. The "SIG" column in the table specifies whether or not the health indicator rate for the city is significantly higher than (H), significantly lower than (L), or not different from (N) the King County average. This report is produced by the Assessment, Policy Development & Evaluation Unit at Public Health — Seattle & King County. For more information and updates, please contact data.request @kingcounty.gov 2 10 1 O The orange, hollow circle represents the g O indicator value for WA State. U 6 The blue, solid bar represents the indicator value for the city. 6. 4 The purple, solid circle represents the ? ' indicator value for King County. 0 Health Health Abbreviated Indicator Label Inciicatar1 Indic:atar2 Health Indicatorl - full label Health Indicator2 - full label 7 21 N 4 8 6 4 H 3 9 The table under each chart has more complete labels for the indicators in the chart. It also contains the actual indicator value for the city and a "rank" that ranks the city from worst (1) to best (25) in relation to other King County areas for which health profiles have been created. The "SIG" column in the table specifies whether or not the health indicator rate for the city is significantly higher than (H), significantly lower than (L), or not different from (N) the King County average. This report is produced by the Assessment, Policy Development & Evaluation Unit at Public Health — Seattle & King County. For more information and updates, please contact data.request @kingcounty.gov 2 City Health Profile - East Federal Way East Federal Way is the area between the cities of Federal Way and Auburn, east of Interstate 5. This Health Reporting Area includes the Lakeland North census - designated places (CDP), the Lakeland South CDP, the City of Pacific, and the City of Algona. The 2010 population in these areas were 12,942, 11,574, 6,514, and 3,014 respectively. T�- East Federal Way King County WA State Total Population 2010 Total % % %4 6,724,540 34,967 1,931,249 Age 0 -17 9,055 25.9 21.4 23.5 - 18 -24 3,218 9.2 9.2 9.7 25 -44 9,129 26.1 31.6 27.4 45 -64 10,265 29.4 26.9 27.1 65+ 3,300 9.4 10.9 12.3 Race /ethnicity* White 24,233 71.2 68.7 77.3 Black /African American 1,528 4.5 6.2 3.6 American Indian /Alaska Native 387 1.1 0.8 1.5 Asian 3,710 10.9 14.6 7.2 Native Hawaiian /Pacific Islander 495 1.5 0.8 0.6 Other 1,755 5.2 3.9 5.2 Multiple Race 1,936 5.7 5.0 4.7 Hispanic /Latino` 3,685 10.8 8.9 11.2 Education (among adults age 25 +) No high school diploma # 10 8.1 10.4 No college degree # 81 54.8 69.0 Poverty Below 100% Federal Poverty Level # _ 10 10.2 12.1 Below 200% Federal Poverty Level # 26 22.2 28.1 Foreign -born # 13 19.8 12.7 Language (among population age 5 +) _ Non- English speaking at home^ # 23 24.3 17.5 Housing cost burden (among renters) Pay >30 % of household income on rent 4 45 44.7 48.9 *Persons of Hispanic /Latino ethnicity can be of any race. Race /ethnicity data are based on census 2010 data for the Lakeland North CDP, the Lakeland South CDP, the City of Pacific, and the City of Angola. AS peaking a language other than English at home. #Counts from the American Community Survey are not shown because of their potential large sampling errors. Data sources: U.S. Census, 2010 and American Community Survey, 2.006 -2010 average. City Health Profile — East Federal Way The World 1- 1calth Organization detincs licalth as tic state of complete physical, mental and social well- being and not merely the absence of disease or infirmity. In this section, Nve present data on life expectancy and self - reported health status to describe the general health states of the city residents. ■ East Federal Way • King County O WA State 100 25 80 20 j 60 15 40 i '10 5 Life expectancy air /pcor Activity Frequent Poor mental Poor health limitation mental health days physical distress health days Lire expectancy at birth (year) 79.9 8 L 81.5 79.8 Self - reported general health is fair or poor ( %) 15 4 N 10 14 Limited in any Nay in any activities 24 4 N 21 24 Had 14,- bad mental health days in past 30 days ( %) 12 2 N 8 10 Days mental health not good in past 30 days (mean) 3 5 N 3 3 Days physical health not good in past 30 days (mean) 4 6 N 3 4 Except for life expectancy, the general health status indicators are for adults age 18 +. Data year: Life expectancy: 2006 -2010. General health status: (1) area and I<C= 2007 -2011; (2) WA =2006 -2010. Rank: ranking among the 25 King County areas from worst (1) to best (25). SIG: whether or not the indicator is significantly higher than (1 -1), lower than (L), or not different from (N) the KC rate. Data source: Death certificate and the Behavioral Risk Factor Surveillance System (3RFSS), Washington State Department of Health, Center for Health Statistics. City Health Profile - East Federal Way Leading, Causes of Death - - 1'l�i� �,ccti()n Presc•nts; tic top 10 !r<,<hnIg cmlu�(, (&dcath. ® East f=ederal Way • King County OWA State cD 200 CD o i 0 0 150 Q 100 i ;J N 50 a 0 �- r. Q. Cr Total Mortality 715.0 913 7 H 638.1 716.4 Cancer 188.5 254 2 H 159.2 174.7 Heart disease 163.2 201 6 H 138.2 160.3 Accidents and external causes 36.6 57 8 N 31.7 39.4 Chronic lower respiratory disease (CLRD) 38.0 49 9 H 32.2 43.2 Alzheimer's disease 46.0 45 9 N 42.3 43.1 Stroke 38.1 45 10 N 36.6 40.4 Diabetes mellitus 22.4 31 7 N 19.0 23.3 Suicide 9.9 17 13 N 10.8 13.0 Chronic liver disease and cirrhosis 7.2 12 13 N 3.3 9.8 Homicide 7.5 12 1 H 3.2 3.1 Rate: age - adjusted rate per 100,000. Count: five -year total deaths. Rank: ranking among the 25 King County areas from worst (1) to best (25). SIG: whether or not the indicator is significantly higher than (H), lower than (L), or not different from (N) the KC rate. Data source: Death certificate data, Washington State Department of Health, Center for Health Statistics. 5 City Health Profile -- East Federal Way 141,alth risk factors an.0 k-hronic diseeis :,; - - - - -- - - --1 Health risk f actors are behaviors and characteristics that male people more likely to develop disease. Awareness of these risk factors may enable people to make healthy choices about their activities, habits, and diets. Some risk factors, like hypertension and high cholesterol, are also chronic conditions that should be monitored by a healthcare provider, and if treated, may be able to be prevented or reversed. The prevalence of coronary heart disease, diabetes, and asthma among adults are also presented in this section. ■ East Federal Way • King County OWA State 40 -, 30 _-j U 20 v , a 10 e. i - -- -- - - - Excessive alcohol consumption 16 17 N 19 17 Did not participate in any physical activity 21 8 N 15 18 Obese (BMI -30) 32 3 H 21 26 Current smoker 21 1 H 11 16 Have high blood cholesterol 34 19 N 36 38 Ever been told to have high blood pressure 28 6 N 24 27 Had coronary heart disease or heart attack 5 7 N 4 5 Have been told to have diabetes 6 12 N 6 7 Have current asthma 10 4 N 8 9 Note: unless specified, data are for adults age 18 +. WA State data are for 2006 -2010. Rank: ranking among the 25 King County areas from worst (1) to best (25). SIG: whether or not the indicator is significantly higher than (H), lower than (L), or not different from (N) the KC rate. Data source: the Behavioral Risk Factor Surveillance System (BRFSS), Washington State Department of Health, Center for Health Statistics. City Health Profile— East Federal Way {:i;2'ut ,end viole�ce- related mortality — _. _ -- - Injury is a lc:ulin cause of death, disabillLy, and luuhitalization. Maui- uniuturntioiml and intentional injuries arc potentially preventable. For example, death from motor vehicle accidents can be reduced through education, mandating the use of seatbelts, tougher laws against drunk driving and distracted driving, and engineering. ■ 16 East Federal Way • King County O WA State 0 0 o 00 12 GJ a s 8 N 4 I i 0 MVA Falls Suicide Homicide Firearm Motor vehicle accidents (MVA) 12.3 19 3 H 6.2 8.5 Falls 6.8 8 18 N 9.3 10.2 Suicide 9.9 17 17 N 10.8 12.0 Homicide 7.5 12 NA H 3.2 2.8 Firearm 10.9 18 3 N 6.7 8.0 Rate: age- adjusted rate per 100,000. Count: five -year total deaths. Rank: ranking among the 25 King County areas from worst (1) to best (25). For homicide, ranking is not provided because there are insufficient numbers for reliable comparisons. SIG: whether or not the indicator is significantly higher than (I-I), lower than (L), or not different from (N) the KC rate. Data source: Death certificate data, Washington State Department of Health, Center for Health Statistics. City Health Profile — East Federal Way blaterrlal and child health Planning for a healtliy pregnancy and a healthy baby begins before conception, through healthy lifestyle and nutrition choices. Once pregnant, getting early and regular prenatal care is an important step to have a healthy pregnancy and to decrease the incidence of maternal and prenatal morbidity and mortality. ■ East Federal Way • King County OWA State 15 O 10 Q 5 Q Late /no Smoking Low birth wt Very tow Teen birth Infant prenatal care during preg. birth wt mortality I -aerie or no prenatal care /100 births 7.5 149 6 I I 5.2 5.9 Smoking during pregnancy /100 births 8.4 180 3 H 4.2 9.9 Low birth weight (< 2500)/100 births 6.4 139 14 N 6.7 6.4 Very low birth weight (< 1500)/100 births 1.3 27 2 N 1.0 1.0 Adolescent birth rate per 1000 females 15 -17 10.2 47 9 N 9.6 14.8 Infant mortality per 1000 live births 3.2 7 1/1 N 4.1 4.9 Rank: ranking among the 25 King County areas from worst (1) to best (25). Count: five -year total numbers. SIG: whether or not the indicator is significantly higher than (H), lower than (L), or not different from (N) the KC rate. Data source: Birth Certificate and linked infant birth -death certificate data, Washington State Department of Health. City Health Profile— East Federal Way Access to care and preventive services I L611)l; access to adequate and timuly health care and ir19; r(r0>nrnendc(l sery ices prev(2ut or lcs�cn illness and improve quality of life. ® Fast Federal Way • King County O WA State 80 l I 60 j Q) 40 L- v a i 20 0 , Leo` Uninsured (age 18 -64)x NA NA NA 16 '19 Could not see a doc. 1+ times in past year due to cost 13 7 N 10 13 Does not have a personal doctor 22 7 N 20 22 Did not have a flu shot during the past year 58 14 N 58 62 Never had pneumonia vaccination (age 651 -) 33 5 N 28 29 No mammogram within 2 years (age 50 -74) 7 24 N 18 20 No Pap test within 3 years, age 21 -65 29 2 N 15 20 No dental visit during the past year 2.2 16 N 23 27 Note: unless specified, data are for adults age 18 +. WA State data are for 2006 -2010. Rank: ranking among the 25 King County areas from worst (1) to best (25). SIG: whether or not the indicator is significantly higher than (1 -1), lower than (L), or not different from (N) the KC rate. Data source: the Behavioral Risk Factor Surveillance System (BRFSS), WA State Department of Health, Center for Health Statistics. *The uninsured rate, if available, is based on the American Community Survey, 3 -year average, 2009 -2011. Communities Count 2.0 Nora, ,RegiCTI .. 168.000 Fet<:ruF. j we„•�. .. _ a. Seattle -a 570,00 East Region 470.000 i pt ^.i . i l'JVwX�:tR r. l.Up'a bacr� Fr_c:3 F.: w•7 ,y a „ova South Region 733,000 t Communities Count Regions, King County {ia COMMUNITIES COUNT is a public- private partnership committed to providing reliable, timely, and relevant data to improve the quality of life for residents of all King County communities. Partners include City of Bellevue Parks and Community Services Department, City of Renton, City of Seattle Human Services Department, King County Department of Community & Human Services, Public Health - Seattle & King County, United Way of King County, and The Seattle Foundation. Data and maps on 86 indicators are posted on the Communities Count website at www.communitiescount.org. The indicators are organized into nine topics: • Community • Food • Income • -Education • Health • Public Safety • Families • Housing • Transportation To avoid unnecessary re- branding of existing data, three additional topics (Arts & Culture, Environment, and Population) feature external links to relevant data sources and reaps. 1 • kit our websi7te www.communitiescount.org COMMUNITIES COUNT is a public- private partnership committed to providing reliable, timely, and relevant data to improve the quality of life for residents of all King County communities. Partners include City of Bellevue Parks and Community Services Department, City of Renton, City of Seattle Human Services Department, King County Department of Community & Human Services, Public Health - Seattle & King County, United Way of King County, and The Seattle Foundation. Data and maps on 86 indicators are posted on the Communities Count website at www.communitiescount.org. The indicators are organized into nine topics: • Community • Food • Income • -Education • Health • Public Safety • Families • Housing • Transportation To avoid unnecessary re- branding of existing data, three additional topics (Arts & Culture, Environment, and Population) feature external links to relevant data sources and reaps. 1 Among the project's many data sources, the Communities Count Survey is a unique resource for information on indicators such as reading to children, experiences of discrimination, community service, and emotional support with parenting. More than 3,000 households, randomly sampled from each of King County's four regions, participated in the most recent survey. Whenever possible, Communities Count data are analyzed by age, gender, race /ethnicity, income, education, employment status, country of origin, first language, and military service. Other analytic breakdowns include disability status, health, relationship status, poverty, health insurance status, and children in household. As demand for local data increases, standard geographic breakdowns by King County region (South, East, North, and Seattle) are supplemented, as feasible, by more granular breakdowns such as those by: • King County cities, neighborhoods, and /or "census- designated places" (all health indicators link to city health profiles for 25 King County communities) • 48 King County Health Reporting Areas (based on aggregated census block groups) • ZIP codes • Census tracts (with links to census tract data reaps) • 19 King County school districts Communities Count integrates "community voices" into its data updates and topic summaries. In addition, reports based on interviews with low- to middle- income parents raising young children in "post- Recession" King County include • Gimme Shelter: When Families Can't Pay the Rent • The Middle Class: When the Bottom Drops Out • Work Supports and the Quest for Self - Sufficiency Making a difference with data While tracking the tangible outcomes of website data postings is challenging, COMMUNITIES COUNT has been able to document many uses of its data in its online data -to- action log. • City governments throughout the county use Communities Count data to guide planning, prioritize budget allocations, and conduct human services needs assessments. • The Seattle Indian Health Board, Health Point, the Des Moines Food Bank, and many other non- profit organizations use Communities Count data to support grant applications. • The Road Map Project and Eastside Pathways use Communities Count data to establish baselines and measure progress of regional education initiatives. • Catholic Community Services, the Children's Alliance, and Northwest Health Law Advocates are a few of the organizations using Communities Count data to lobby for policy change. See the data -to- action log for a detailed list of recent data requests and uses by Seattle Children's Hospital, United Way, Pacific Science Center, CityClub, the YWCA, and others. How can we help you better understand and track progress in your community? After 16 years, Communities Count is re- evaluating its indicators and the Communities Count Survey. Please take a few minutes to explore the site (see links on previous page). Click Isere to offer feedback about indicators you want to keep or new indicators /analyses you'd like us to add. CITY OF Federal Way Development Regulations for Marijuana - Related Businesses Planning Commission Study Session August 20, 2014 1. INTRODUCTION This staff report presents an overview of recreational marijuana - related businesses and preliminary recommendations for amendments to the Federal Way Revised Code (FWRC) to address their siting. Marijuana related business zoning is designated as a "high priority" item on the Planning Commission's work program. The Planning Commission is being asked to review proposed amendments to FWRC Title 19 and forward a recommendation to the City Council's Land Use /Transportation Committee (LUTC) and City Council. Following the passage of Initiative 502 (1 -502), which legalizes the use of marijuana and the operation of certain marijuana - related businesses in Washington State, the Federal Way City Council enacted a moratorium on the business operation component in order to allow for adequate time to study the issue and determine how best to respond to the enactment of I -502 within the Federal Way city limits. The moratorium (Ordinance 13 -749) is due to expire on November 5, 2014. Therefore, the City Council must either adopt regulations that govern marijuana- related businesses prior to that date, or extend the moratorium if more time is needed to study the issue prior to the adoption of applicable regulations. The Federal Way City Council must take one of the following actions prior to the expiration of the moratorium: 1. Adopt regulations related to the siting of recreational marijuana - related businesses; 2. Adopt an ordinance banning the siting of recreational marijuana- related businesses; 3. Extend the moratorium to allow for further study of the issue prior to adoption of local regulation; or 4. Allow the moratorium to expire with no marijuana - related business regulations in place. What is meant by the term "Recreational Marijuana - Related Businesses "? Recreational marijuana - related businesses are characterized as one of three business types under state law: Retail operations; Production operations; and Processing operations FWRC Code Amendments — Marijuana - Related Businesses File 14- 102659 -00 -UP August 20, 2014, Planning Commission Study Session Page 1 of 8 Retail operations are stores where marijuana products may be sold to buyers of legal age. Production operations are often referred to as grow operations or facilities or farms, and are businesses that grow marijuana plants. Finally, processing operations are businesses that take the marijuana plant material and process the plant material into consumable products that can then be sold at the retail operations. What is the focus of the proposed zoning code amendments for marijuana - related businesses? The primary issues being considered in the proposed amendments to Federal Way development regulations include: • Determine which zoning districts are potentially appropriate for the siting of marijuana- related businesses within the City of Federal Way. • Determine the appropriate locational and development standards for permitting marijuana - related businesses. • Adopt definitions of marijuana - related businesses. • Clarify that marijuana - related businesses are not allowed as a home occupation. II. BACKGROUND In November of 2012, Washington voters approved I -502 legalizing the possession of limited amounts of marijuana. According to King County election data, 63.5% of King County voters voted in favor of 1 -502. Statewide, the initiative passed with an approval rate of 55.7 %. The initiative: • Legalizes the use of marijuana by people 21 years or older. They may possess up to one ounce of marijuana, 16 ounces of marijuana - infused product in solid form, and 72 ounces of marijuana- infused product in liquid form. • Specifies that only state - licensed marijuana production, processing, and sale of marijuana are permitted. • Requires licensed facilities to be at least 1,000 feet from schools, playgrounds, recreation centers, child care centers, public parks, public transit centers, libraries, and arcades. • Limits signage to a maximum of one that is no larger than 11 square feet in area. • Prohibits retail facilities from: • Displaying marijuana or marijuana products so they are visible from the public right -of -way; • Selling anything other than marijuana, marijuana- infused products, and paraphernalia. • Prohibits, for all recreational marijuana facilities, the following activities: • Advertising, in any medium, within 1,000 feet of any school, playground, recreation center, child care center, public park, transit center, library, or arcade. • Advertising on publically -owned or operated property, or within a public transit vehicle or shelter. • Prohibits on- premises consumption. • Establishes a standard for driving under the influence of marijuana. FWRC Code Amendments — Marijuana - Related Businesses File 14- 102659 -00 -UP August 20, 2014, Planning Commission Study Session Page 2 of 8 How many retail, producer, and /or processer businesses may be located in Federal Way? • State law specifies that no more than three retail outlets may be allowed within the Federal Way city limits. • A retailer may only be a retailer (not also a producer and /or processor). • A licensee may hold a producer and processor license together, but they must apply for two separate licenses, one for producer and one for processor. • There is currently no limit on the number of producer or processor businesses under state law. What is the current status of applications for marijuana - related businesses in Federal Way? Information on the proposed number and location of marijuana - related businesses is available from the Washington State Liquor Control Board ( WSLCB). As stated above, the state will only license up to three retail operations in Federal Way. This number is based on population —the greater the population, the greater number of potential retail businesses within a city. There are currently 15 businesses within the city limits listed as applying for a state license, but no more than three will be able to obtain a license. The WSLCB did conduct a lottery to determine priority ranking for proposed businesses within each jurisdiction, subject to the business meeting all the local regulations. If the proposed businesses with a lottery ranking of # 1, 2, or 3 are unable to obtain local approval for example, then businesses ranked 4, 5, etc. would be the next eligible for the three licenses, and so on until either three licenses are successfully issued, or all proposals have been exhausted. (See Exhibit A for the proposed business locations.) How have other jurisdictions' responded to I -502? The Municipal Research Services Center (MRSC) maintains a web page with the most recent white papers, links to the WSLCB, and relative WACs and RCWs related to marijuana businesses. The MRSC maintains a table with the status of local jurisdictions' response to I -502 to date. Staff reviewed the table available online at http•,` /www mrsc org /subjects /legal/ s02/ieemariivana.aspx at the time of the preparation of this staff report. Currently, most jurisdictions have a moratorium in place related to marijuana and are presumably conducting study of the issue. There are a few jurisdictions that have recently adopted regulations in response to I -502, while a handful of jurisdictions have adopted interim regulations. Some jurisdictions have implemented a ban on marijuana- related businesses. This option is allowed per the opinion of the State Attorney General's office (http._ // nisi_ -,ht. xirsc..org /20.1.4 O1_ /1_fi! state attorney - general -says- cities - and - counties- can - ban - recreational- txiarijuana uses /). However, the State Attorney General's opinion is not binding on the state courts, and there also was a bill (HB 2322) introduced in early 2014 that would prevent local jurisdictions from prohibiting the location of marijuana - related businesses within their borders. The following table contains a sample list of other jurisdiction's status related to marijuana- related businesses taken from the MRSC table referenced above. FWRC Code Amendments — Marijuana - Related Businesses File 14- 102659 -00 -UP August 20, 2014, Planning Commission Study Session Page 3 of 8 Table 1 Jurisdictions' Status Related to Marijuana- Related Business Regulation STATUS Ban Moratorium Interim Zoning Zoning Enacted JURISDICTION Fife Auburn Bellevue Burien Pierce County Bainbridge Island Kirkland Des Moines Sea Tac King County Gig Harbor Edmonds Issaquah Kent Mountlake Terrace Mill Creek Seattle Milton Spokane Puyallup Tukwila Redmond Tumwater Renton Sammamish Snohomish University Place Woodinville In preparation for the discussion of this topic with the Planning Commission, staff primarily focused on the jurisdictions that have adopted regulations (zoning enacted). In review of the adopted regulations, the following common elements were noted: Most jurisdictions do not allow outdoor growing of marijuana. Most jurisdictions have adopted the state's definitions contained in RCW 69.50.101 for: o Marijuana; o Marijuana processor; o Marijuana producer; o Marijuana retailer; o Marijuana- infused products; o Retail marijuana outlet; and o Usable marijuana. Most jurisdictions have adopted the state - required separation standards from sensitive uses without any additional separation standards. Most jurisdictions do not allow marijuana - related businesses within residential zoning districts. Most jurisdictions clearly reference the state licensing requirements and other business- related requirements for signage, advertising, etc. III. PRELIMINARY RECOMMENDATIONS This section provides a summary of each of the proposed code amendments. Staff would like to emphasize that, at this point in the process; this information is provided primarily to prompt discussion with the Planning Commission. Your comments and suggestions in reaction to the preliminary draft zoning code language will help staff fine-tune the draft regulations prior to presentation at the public hearing. The staff's preliminary recommendations for zoning code amendments are based on the review of the city's existing comprehensive plan and zoning code language, state law, and other jurisdictions' treatment of recreational marijuana- related businesses. FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP August 20, 2014, Planning Commission Study Session Page 4 of 8 1. Appropriate zones for maryuana- related businesses. Staff is recommending that marijuana - related businesses be allowed in the Community Business (BC) and Commercial Enterprise (CE) zones. The BC and CE zones are two of the commercial zoning districts in the city that have some land area that is greater than 1,000 feet from one or more sensitive land uses (see discussion of separation standards in Section 2 below). Specifically, staff recommends that retail marijuana businesses be allowed in both the BC and CE zones and that producer and processor businesses be allowed in the CE zone only. The table below summarizes the proposed allowable zones for the siting of marijuana- related businesses in Federal Way. Table 2 Marijuana - Related Businesses in Federal Way Zoning Districts Type SE RS RM PO BN BC I CC -C CC -F OP CE Retailer Businesses P P Producer Businesses P Processor Businesses P Note: P = Permitted. For comparison, commercial zones that currently allow for liquor stores include BN, CC -C, and CC -F in addition to BC and CE zones. With regard to marijuana- related retail businesses, staff is recommending they only be allowed in the BC and CE zones as they are more auto-oriented retail zones, and therefore, less likely to be developed over time with sensitive and family - friendly land uses such as parks and schools. The Neighborhood Business (BN) and City Center -Core and -Frame (CC -C and CC -F) zones are more likely to be developed with sensitive land uses and mixed use, pedestrian- oriented development over time, and therefore, would be less compatible with marijuana - related businesses in light of state licensing and operation requirements. The reason that the producer and processor businesses are only recommended to be allowed in the CE zone, is that the CE zone allows for larger - scale, big box and light industrial type uses. The growing of marijuana is anticipated to require larger site sizes, large buildings or greenhouse structures, and have greater water and energy usage, and wastewater and solid waste production. Marijuana production would be considered a manufacturing use and the CE zone is the zone in the city that allows such a use outright. 2. Appropriate separation standards for marUuana- related businesses. Staff is recommending that Federal Way adopt the state mandated separation standards from sensitive land uses. Under I -502, recreational marijuana licensed business cannot be within 1,000 feet of the perimeter of the grounds of any of the following entities: 1. Elementary or secondary school; 2. Playground; 3. Recreational center or facility; 4. Child care center; 5. Public park; 6. Public transit center; 7. Library; or 8. Any game arcade where admission is not restricted to persons age 21 or older. FWRC Code Amendments— Marijuana - Related Businesses File 14- 10269 -00 -UP August 20, 2014, Planning Commission Study Session Page 5 of 8 Per I -502, distances are measured as follows: measure distance in a straight line, from the perimeter of a restricted area to the perimeter of a potential location. Staff is working on an exhibit (map) that we will provide at the workshop that shows where marijuana- related businesses could potentially be located based on these separation standards. Also, superimposed for reference on this exhibit will be the locations of the proposed retail businesses based on information obtained from the WSLCB. You will see that in some cases, businesses have been proposed in locations that will not be permissible based on application of state mandated separation standards. The exhibit will show the BC and CE zoning district boundaries in relation to the separation standards to represent the potential area available to locate marijuana- related businesses based on the preliminary recommendations for appropriate zoning districts presented in Section 1 above. 3. Proposed definitions for marijuana - related businesses. Staff recommends adopting the following new definitions from RCW 69.50.101 as follows: "Mar#uana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and very compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Mar�uana processor" means a facility licensed by the State Liquor Control Board to process marijuana into useable marijuana and marijuana- infused products, package and label useable marijuana and marijuana - infused products for sale in retail outlets, and sell useable marijuana and marijuana- infused products at wholesale to marijuana retailers. "Mar#uana producer" means a facility licensed by the State Liquor Control Board for the production and sale at wholesale of marijuana to marijuana processors and other marijuana producers. "Mar�uana retailer" means a facility licensed by the State Liquor Control Board where useable marijuana and marijuana- infused products may be sold at retail. "Mar#uana- infused products " means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana- infused products" does not include usable marijuana. "Retail mar#uana outlet" means a location licensed by the State Liquor Control Board for the retail sale of usable marijuana and marijuana- infused products. "Usable mar#uana" means dried marijuana flowers. The term "useable marijuana" does not include marijuana- infused products. 4. Add anew section to FWRC Title 19 called "Maryuana- Related Businesses." This new section in Title 19 would clearly identify the requirement for compliance with all state licensing requirements (see www.liq.wa.gov for specifics) including, but not limited to: FWRC Code Amendments — Marijuana - Related Businesses File 14- 102659 -00 -UP August 20, 2014, Planning Commission Study Session Page 6 of 8 • S ignage/adverti sing • Facility size • Staffing • Background checks • Product labeling /packaging • Security • Hours of operation (8 am to 12 am) • Indoor /outdoor: Grow operations shall be in buildings /greenhouses (note: I -502 allows for outdoor grow but public view must be obscured by a wall or fence at least eight feet in height and must meet security requirements described in WAC 314 -55 -083) • State law does not allow for grow operations at a personal residence Other concerns: • Solid waste management from producer and processer businesses. • Waste water management —may contain insecticide and fertilizer chemical concentrations. • Odors. • Fire protection and permitting — especially related to hazardous flammable /explosive materials. • Building code compliance. The growing and processing of marijuana is anticipated to require a lot of water for growing, and generate wastewater from production. In addition, the growing and processing of marijuana may involve agrichemicals that could find their way into wastewater and solid waste, so proper handling of waste needs to be addressed in reviewing and approving the siting of these facilities. Additionally, fire protection is a special consideration when the processing of marijuana involves solvents or other hazardous and potentially explosive materials. IV. PLANNING COMMISSION DISCUSSION POINTS Staff is asking for Planning Commissioners' input on the draft recommendations presented in this staff report and look forward to hearing your feedback on the issues listed below, as well as any additional issues you may have identified related to the siting of marijuana- related businesses in Federal Way. With your advance input on this topic, staff will then prepare a report that provides further analysis of these issues, as well as a series of specific recommendations for your consideration and action at an upcoming meeting. 1. APPROPRIATE ZONES Staff's preliminary recommendation is that marijuana- related businesses only be allowed in the Community Business (BC) and Commercial Enterprise (CE) Zones. Discussion: Do you agree with the general siting recommendations outlined in Table 2? FWRC Code Amendments— Marijuana - Related Businesses File 14- 102659 -00 -UP August 20, 2014, Planning Commission Study Session Page 7 of 8 2. SEPARATION STANDARDS Staff's preliminary recommendation is that the city adopts the state - required separation standards for marijuana - related businesses of 1,000 feet from designated sensitive uses. Discussion: Do you agree with the general recommendations for separation standards for marijuana - related businesses? 3. PROPOSED DEFINITIONS Staff's preliminary recommendation is that the city adopts the state's definitions for marijuana and marijuana - related businesses as established by RCW 69.50.101. Discussion: Are you comfortable with the proposed definitions for marijuana and marijuana- related businesses? 4. PROPOSED NEW CODE SECTION ON MARIJUANA - RELATED BUSINESSES Staff's preliminary recommendation is that city adopt a new code section in Title 19 on Marijuana- related businesses Discussion: Do you have any particular concerns, comments or questions about the preliminary recommendations for a new code section on marijuana - related businesses? 5. OTHER DISCUSSION POINTS Are there other discussion topics or questions pertaining to ►nari_juana- related businesses that the Planning Commission would like to raise at this time? V. PLANNING COMMISSION NEXT STEPS Staff will consider the input of the Planning Commission and prepare detailed proposed code amendments for your consideration at an upcoming public hearing tentatively scheduled for September 17, 2014. FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP August 20, 2014, Planning Commission Study Session Page 8 of 8 Tina Piety From: Janet Shull Sent: Tuesday, August 19, 2014 10:57 AM To: Diana Noble - Gulliford (diana @gulliford.com) Cc: Isaac Conlen; Larry Frazier; Tina Piety Subject: Questions on Marijuana - related businesses Diana, Thank you for forwarding your questions to staff. We have provided answers under each of your questions and we will share this information with the Planning Commissioners on Wednesday. Please forward the following questions to the appropriate staff for the Aug 20`h meeting. 1. Who inspects and enforces the state requirements for these businesses and operations. a. The Washington State Liquor Control Board (WSLCB). 2. Are there enough staff available to do an adequate job a. The WSLCB will be responsible for issuing licenses and monitoring compliance with State law related to operation of these businesses. With regard to land use review, staff do not anticipate a high volume of applications for these types of businesses in Federal Way as a maximum of 3 retail outlets would be allowed under state law, and the land area available within city limits that meets minimum state separation requirements is also limited and will limit the number of potential businesses. 3. Would FW Police have a responsibility in enforcing the governing laws related to these businesses a. Enforcement of state law in terms of the operation of the businesses is the responsibility of the WSLCB. It is possible the FW Police could receive calls in terms of complaints or inquiries about business operations that they would need to respond to or forward on to the appropriate state agency. 4. What would be the financial impact on the the city and on FW Police regarding these businesses and patrons of such a. Unknown. It is too soon to know whether there will be significant impact one way or another and various opinions have been put forth depending on perspective. Whether or not the City of Federal Way decides to permit marijuana - related businesses as allowed by state law, we anticipate there will continue to be illegal production, processing, sales and use of marijuana within our City Limits and our Police Dept. will continue to respond to this accordingly. 5. What would be the financial impact on the FW Municipal Court regarding these businesses and patrons a. Assuming any licensed operations were compliant with state law, there should be no impact. According to 1 -502, violations of licensing requirements would be subject to action by the WSLCB. Any matters that required a hearing would be directed to the Superior Court of the County in which the business is located. 6. What requirements does the South King Fire & Rescue currently require for these businesses a. South King Fire and Rescue would be interested in any potentially hazardous materials that might be stored /used on site. In addition, they would review land use and building permit applications for fire access and life- safety standards, fire protection systems and construction methods as they do all land use and building permit applications currently. The primary concern unique to marijuana - related businesses that we are aware of is with marijuana processing businesses, if they are going to be doing extraction of THC with solvents that are explosive materials. 7. What source of revenue does the city receive to offset any additional costs as a result of these businesses from the State, etc. a. All funds from marijuana excise taxes are deposited in the Dedicated Marijuana Fund. Disbursements from the Dedicated Marijuana Fund shall be on authorization of the WSLCB or a duly authorized representative and as specified in 1- 502..1 -502 specifies that excise tax money collected is to be disbursed to the Department of Social and Health Services, Department of Health, University of Washington and Washington State University, the State's Basic Health Plan, and other similar organizations /programs, with any remainder going to the State General Fund. There is currently no direct disbursement of excise taxes to local jurisdictions. However, health and education programs /services and grant monies funded via excise taxes would be available to local jurisdictions. What is the legal impact on the City of FW with the differing positions between the State of WA and the Federal Govt. How can FW protect itself legally regarding this mismatch of laws a. The United States Department of Justice has stated that it will not interfere with the states' implementation of ballot initiatives legalizing the recreational use of marijuana for adults. The DOJ plans to rely on local law enforcement agencies to enforce their own marijuana laws, but reserves the right to step in if they feel the states are not adopting effective regulatory schemes. In addition, it is generally accepted legal opinion that no civil or criminal liability may be imposed by any court on cities, towns, and counties or their municipalities and their officers and employees for actions taken in good faith under chapter 69.51A RCW, within the scope of their assigned duties. What would happen if any of the current uses changes that affect the 1,000 ft setback, such as an arcade, private school, etc. a. Once a marijuana - related use has been licensed and permitted, if a new "sensitive" land use were to desire to locate within 1,000 feet of the already - permitted marijuana use, the marijuana use would not be required to re- locate. The sensitive use also would be allowed to locate closer than 1,000 feet to the existing marijuana use, but it would of course be up to the proponent of the sensitive land use to decide whether or not they would desire to do so. 10. Would the churches that have Sunday School, schools and playgrounds be part of this setback requirement a. State law specifies elementary and secondary schools, but not churches. 11. Would the advertising regulations pertain also to the stores that sell the accessories for the use of marijuana i.e. Total Vape a. No, only to businesses dealing specifically with marijuana and licensed under the WSLCB. 12. Does the setback requirement also include Sr high schools? What about other schools a. Yes, elementary and secondary schools are included. The law does not specify public or private, so we interpret privet schools to be included.. 13. The BPA trail is not really a park. Would recorded designated open space also be considered for the setback requirement a. Yes, for public designated park space. However the WSLCB has clarified that trails are not included in the definition of public park. J61Mt Shull, AIM> ci tp, csgA, LEER <�-Iveevv AssocCRte Senior Planner City of Federal Way Community and Economic Development 253 - 835 -2644 ianet .shull @cityoffederalway.com 7'odq we decide how &morrow dill look Tina Piety From: Margaret Clark Sent: Tuesday, August 19, 2014 9:49 AM To: Isaac Conlen Subject: FW: Short Course on Local Planning in Buckley - Sept 16th Attachments: 09 -16 -14 Buckley Short Course Announcement. pdf FYI. Appears to be a new law that would affect the Planning Commission. I wonder if this should be added to the Planning Commission Rules. From: COM Growth Education and Training [ma ilto: Growth EducationTraining commerce.wa.gov] Sent: Tuesday, August 19, 2014 9:10 AM To: Weyl, Linda (COM) Subject: Short Course on Local Planning in Buckley - Sept 16th We are pleased to announce A Short Course on Local Planning at the Buckley Fire Hall on September 16`h, 2014, 6:30 9:30 p.m. Please see the attached announcement for a detailed agenda, registration information and directions. The Short Course on Local Planning is an opportunity for elected officials, planning commission members, local government staff (clerks, administrators, attorneys), consultants, students, and community members to learn basic information about comprehensive planning and community development, the legal framework for land use planning, and public involvement in the planning process. a This training meets the requirements of ESB 5964(laws of 2014) requiring every member of a governing body, including planning commissioners, to take training on the Open Public Meetings and Public Records Acts within 90 days of taking an official role, and every four years thereafter, as long as they remain in that role. For a full listing of available courses and video recordings, visit the GMA Short Course on Local Planning webpage Please forward this announcement to any person or group who you think would benefit from this information. PAW Planning Association of Washington Department of Commerce Lrnnv Lion is. in our nature Free Training Opportunity A Short Course on Local Planning Tuesday, September 16, 2014, 6:30 — 9:30 p.m. Buckley City Fire Hall, 611 South Division Street, Buckley, Washington Agenda: 6:30 -6:45 WELCOME AND INTRODUCTIONS 6:45 -7:15 COMPREHENSIVE PLAN BASICS AND IMPLEMENTATION Bill Mandeville, Washington State Department of Commerce • Comprehensive planning and implementation basics for small towns. • Policy issues to consider for fine - tuning a comprehensive plan update. 7:15 — 7:45 THE LEGAL BASIS OF PLANNING IN WASHINGTON STATE Phil Olbrechts, Attorney at Law, Olbrechts and Associates • The framework for land use planning in Washington State • Constitutional issues in land use planning • Legislative vs. quasi - judicial decisions and the Appearance of Fairness Doctrine 7:45 -8:00 BREAK 8:00 — 8:30 OPEN GOVERNMENT LAWS AND FAIR DECISIONS Phil Olbrechts, continued. • Open Public Meetings Act, Public Records Act* * This training meets the requirements of ESB 5964(lows of 2014) requiring every member of a governing body to take Open Government training within 90 days of taking an official role, and every four years thereafter, as long as they remain in that role. 8:30 — 9:00 INNOVATIVE IMPLEMENTATION FOR SMALL TOWNS Bill Mandeville, Washington State Department of Commerce • Capital Facilities planning basics • Economic development ideas for small towns • "Implementation on a shoe string" ideas for small towns. 9:00 — 9:30 QUESTIONS AND ANSWERS Hosted by the City of Buckley Please register by September 10th at shortcourse @cominerce.wa.gov or call 360 725 -3064 Vicinity Map and Directions to Buckley City Fire Hall 611 South Division Street, Buckley, Washington The Short Course on Local Planning is an opportunity for elected officials, planning commission members, local government staff (clerks, administrators, attorneys), consultants, students, and community members to learn about comprehensive planning and community development, the legal framework for land use planning, and public involvement in the planning process. For information on our other programs, the Short Course on Local Planning Resource Guide, and links to videos, go to www.commerce.wa.gov /growth and select "Short Course" or call 360.725.3064. CITY ATTORNEY'S OFFICE MEMORANDUM DATE: AUGUST 20, 2014 TO: PLANNING COMMISSION FROM: CITY ATTORNEY'S OFFICE SUBJECT: ORIENTATION - LEGAL ISSUES A. Commission Authority. 1. FWRC 2.90.040: The jurisdiction, powers and authority of the planning commission, as these relate to matters covered by FWRC Title 19, are established in Chapter 19.80 FWRC. In addition, the city council may, from time to time, grant to the planning commission such other jurisdiction, powers, duties and authority as city council deems appropriate and consistent with state and city law. 2. Under FWRC 19.80 (Process VI) the Planning Commission holds public hearings and makes recommendations to Council regarding legislative rezones, and amendments to the City's comprehensive plan and development regulations. 3. Staff: a. Isaac Conlin, Planning Manager b. Tina Piety, Administrative Assistant II c. J. Ryan Call, Legal Advisor B. Conflict of Interest — Code of Ethics The Federal Way Code of Ethics ( "Ethics Code ") applies to all "members of City Boards, Commissions, Committees ... appointed by the City Council." Ethics Code, Sec. 2.1. The premise of the Ethics Code is conducting City business in a "fair, open, efficient and accountable manner." Ethics Code, Sec. 1. To that end City representatives ... shall conduct their public and private actions and financial dealings in a manner that shall present no apparent or actual conflict of interest between the public trust and private interest. Each Official and Employee is assumed and expected to act in accordance with all laws and code of ethics that may apply to his or her position, as well as striving to avoid even an appearance of impropriety in the conduct of this Code of Ethics and meet its requirements. 1 The focus is usually on a financial or personal gain for immediate family members as well. • Immediate family is defined as a spouse /partner and/or dependant children residing in the home. Sec. 2.5. • In addition to an actual monetary gain, there can be a "remote interest ". Sec. 2.6. A remote interest generally arises via memberships on other boards, but can also come about as a volunteer to another organization. The criteria for determining if there is a remote interest is whether the individual can influence policy or funding of the other entity. Sec. 2.6(a) • Usually a conflict or the appearance of a conflict can be addressed by stating the interest in a public meeting. This allows others the opportunity to state objections and the bases for objecting to the participation. It is important for individuals to continue their service for other entities as well as continue for the City. If there is a question whether a remote interest will preclude participation, please contact the designated Legal Advisor. C. Open Public Meetings Act. The Commission must conduct its business in an open public meeting in accordance with State law. Any other time that a quorum meets or a subcommittee meets to conduct business is considered a "special meeting ", which requires separate notification by the City Clerk of at least twenty -four hours. Conducting business is broadly defined as "action ", which includes deliberating, discussing, considering, reviewing, evaluating, and reaching a collective position (consensus) by a majority of the Commission. The courts have interpreted "action" to occur via a telephone tree, e- mails, or other forms of communication, which may not require the personal, physical presence of members. When responding to an email, please do not hit "reply all ". Because the Commission must conduct business in an open meeting, it is also entitled to meet in Executive Session provided that the topic meets the requirement and provided that the Executive Session has been properly advertised. Before advertising or scheduling an Executive Session, the Legal Advisor should be consulted to ensure that the topic or purpose meet the statutory requirements and will attend the session. A new law, the Open Government Trainings Act, became effective on July 1, 2014 and requires newly appointed members of governing bodies, including Council- appointed commissioners, to receive OPMA training within ninety (90) days of his or her appointment and every four (4) years thereafter. The attached PowerPoint entitled "Open Public Meetings Act RCW 42.30" was created by the Attorney General's Office and fulfills the requirements of the new law. Additional training resources can be viewed on the Attorney General's Open Government Training Web Page: http: / /vv,,A- w.atg.wa. og_ ve /OpenGovernment-rraining.aspx. In addition, there is a short video available for viewing through the AG's web page. The direct link is: http: / /wwtiv.youtube.com/watch ?v =n3B7 Xm3I8c If you have further questions, please don't hesitate to contact Staff. 2 r D. Public Records. A public record is defined to include any and all written information relating to the conduct of the Commission. The form of the information is irrelevant (i.e. electronic, video tape, audio tape, etc.). Likewise, the location of the record is irrelevant. For example, a Commission member may have a public record, such as the Commission agenda or a -mails addressing a particular matter, on his/her private computer. In the event the City receives a public disclosure request or is involved in litigation, the personal computers of Commission members may be subject to inspection. The key to determining whether the information is a public record is subject matter — not title. Generally all public documents are subject to disclosure. There are some specific exemptions that may apply in limited circumstances, but the Law Department will make that determination. Even if an exemption applies, the information will need to be released if portions of the exempt information may be blocked out. E. Appearance of Fairness Some actions of the Commission may be subject to the Appearance of Fairness doctrine. RCW 42.36. This doctrine applies in quasi-judicial proceedings and limits Commissioners to taking action based on testimony and evidence submitted in connection with the matter before them. In a quasi-judicial setting, a Commissioner should not receive outside testimony or evidence, should not discuss the matter independently with any interested party, or have an unfair bias. If a Commissioner violates the doctrine he or she could be disqualified from participating in the matter and any action taken on the matter could be invalidated. Quasi-judicial proceedings are where the legal rights, duties or privileges of specific parties are determined and include: conditional uses, variances, subdivisions, site specific rezones, and preliminary plat approvals. RCW 42.56.010. The doctrine does not apply to legislative proceedings such as amendments to the comprehensive plan and development regulations, or other policy making actions. Id. If there is a potential violation, the Commissioner should raise the issue and allow interested parties to rebut the communication and/or bring a challenge. Any challenge must be raised at the time a violation is known; otherwise, it may not be used to invalidate an action. RCW 42.36.080. If application of the doctrine would result in preventing a quorum, the doctrine cannot be used. RCW 42.36.090. If there is a question on the Appearance of Fairness doctrine, please contact the designated Legal Advisor. 3 F. Use of Public Facilities 1. Cannot Be Used in Campaigns. z State law specifically prohibits the use of public facilities for an elective office or for the promotion/opposition to any ballot proposition, even if the City Council takes official action to express a collective position. RCW 42.17A.555. This provision would also apply when individuals are attempting to gather a sufficient number of signatures to place an initiative on the ballot for the upcoming election. The Public Disclosure Commission is the entity charged with the responsibility to monitor the use of public facilities. RCW 42.17A.755. The State is serious about prohibiting the use of public facilities as evidenced, because any individual in violation may be subject to a penalty of not more than ten thousand dollars. RCW 42.17A.750. City Purposes or Process. Generally City meeting rooms or conference rooms should be used for a City purpose. A City purpose means that Staff and/or elected officials are involved, as part of their work, in the meeting and/or event. Usually rent is not charged for the use of space in City Hall (enterprise funds like Dumas Bay and Federal Way Community Center may charge rent for City purposes). It is not a City purpose when an entity wants to use space and no Staff or elected officials are involved, or the topic is beyond the City's purview. If the request is for a use that does not fit a City purpose, there is a process to potentially obtain the space under a rental agreement. The Council's Executive Administrative Assistant administers the program. K \training \orientation \2014 \Planning Commission 8 -20 4 Open Public Meetings Act RCW 42.30 �L Prepared by Washington State Attomey General's Office Usrrevised. Apri1I011 Washington's Open Public Meetings Act (OPMA) • Passed in 1971 • Requires meetings to be open to the public, gavel to gavel RCW 42.30 Purpose "The people do not yield their sovereignty to the agencies which serve them." "The people, in delegating authority, do not give public servants the right to decide what is good for the people to know and what is not good for them to know." "The people insist on remaining informed so they may retain control overthe instruments they have created" - RCW 42 30.010 Purpose (Cont") Public commissions, boards, councils, etc. listed in OPMA are agencies of this state that exist to aid in the conduct of the people's business. Their actions are to be taken openly and deliberations conducted openly. -RCW 42.30.010 • Act is to be "liberally construed.' - RCW 42.30.910 The purpose of the OPMA is to allow the public to view the "decisonmaking process." Washington State Supreme Court In _. ( 4 M Open Government Laws Like the OPMA are Often Called "Transparency Laws" or "Sunshine Laws" This is because they 'shine light' on government. U.S. Supreme Court Justice Louis Brandeis once famously said, "Sunlight is the best disinfectant.' F. Transparency builds public confidence In government. OPMA Applies To: M,lifi-be C public state and local agencies, such as boards and commissions, as follows. • Any state board, commissbn, committee, department, educational institution. m other state agency which is created by or pursuant to statute, other than cart, and fine legislature. • Any county, city, school dsm t, special purpose district, a other municipal corporation or political wbdrvision of Washington. Any subagency of a public agency which is created by or pursuant to statute, ordinance, or other legislative act, including but not limited to planning commissions, library or park boards, commissions, and agencies. • Any policy group whose membership includes representatives of publicly owned utiFties formed by or pursuant to the laws of Na state when meeting together as or on behalf of participants who have contracted for the output of generating plants being planned or built by an operating agency. ^ tS:tal:'ludr�Zl These are the 'public agencies• subject to the OPMA. 2 OPMA Does Not Apply To: - These entities:�,„�,,,,, ❑ Courts ❑ Legislature ❑ Agencies not defined as 'public agency' in OPMA, such as agencies governed by a single individual ❑ Private organizations • These activities: ❑ Licensinglpennitting for businesses, occupations or professions or their disciplinary proceedings (or proceedings to receive a license for a sports activity, or to operate a mechanical device or motor vehicle) ❑ Quasi-judicial matters ❑ Matters governed by the Washington Administrative Procedure Act, RCW 34.05 13 Collective bargaining - RCW 42.30.020(1), RCW 42.30.140 Goveming Body • All meetings of the goveming body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency, except as otherwise provided in RCW 42.30. `RCW 42.30.030.,;' What is a Goveming Body? • The multimember board or other policy or rule - making body OR • Any com i ttee of such public agency when: • the committee ads on behalf of the governing body, • conducts hearings, or takes testimony or public comment - RCW 42.30.020 N What is a Meeting? "Meeting" means meetings at which the public agency takes "action" - RCW 42,30 020 Physical presence not required — can occur by phone or email An exchange of e-mail could constitute a meeting if, for example, a quorum of the members participate in the e-mail exchange & discuss agency business. Simply receiving information without comment is not a meeting. Does not need to be titled "meeting" — OPMA also applies to "retreats," 'workshops," "study sessions," etc. • No meeting occurs if the governing body lacks a quorum. U �� • "Action" means the transaction of the official business of the public agency and includes but is not limited to: • Public testimony All deliberations • Discussions Considerations • Reviews • Evaluations • Final actions - - - The requirements of the OPMA are triggered whether or not "final" action is taken. - RCW 42.30.020 Final Action "Final action" is a collective positive or negative decision, or an actual vote, by a majority of the governing body, or by the "committee thereof" Must be taken in public, even if deliberations were in closed session Secret ballots are not allowed RCW 42.30.060, RCW 42.30.020 t E Travel and Gathering A majority of the members of a governing body may travel together or gather for purposes other than a regular meeting or a special meeting, so long as no action is taken. • Discussion or consideration of official business would be action, triggering the requirements of the OPMA. —RCW 42.30.070 t 4l�• O � V'SAI-- "Regular" Meetings • "Regular meetings" are recurring meetings held in accordance with a periodic schedule by ordinance, resolution, bylaws or other rule. • A state public agency must: • Yearly, file with Code Reviser a schedule of regular meetings, including time and place • Publish changes to regular meeting schedule in state register at least 20 days prior to rescheduled date • On June 12, 2014, new agenda notice requirements apply to regular meetings under OPMA (see next slide). (These requirements are in addition to those that may be applicable in other laws outside the OPMA for particular agencies.) — RCW 42.30.070, RCW 42.30.075; Chap. 61, 2014 Laws "Regular" Meetings (Cont) • On June 12, 2014, new agenda notice requirements apply to regular meetings. • Chapter 61, 2014 Laws (SHB 2105) amends the OPMA to require governing bodies to make the agenda of each regular meeting of the governing body available online no later than 24 hours in advance of the published start time of the meeting. w • The new law • Apply to agencies that do not have websites. • Apply to agencies that empty fewer than 10 fulf -time employees. • Restrict agencies from later modifying an agenda. • Invalidate otherwise legal actions taken at a regular meeting where agenda was not posted 24 hours in advance. • Satisfy public notice requirements established under other laws. • Provide a basis to award attorneys fees or seek court order under OPIAA if agenda is not posted in accordance with the new law. "Special" Meetings A "special meeting" is a meeting that is not a regular meeting (not a regularly scheduled meeting). Called by presiding officer or majority of the members Notice - timing: 24 hours before the special meeting, written notice must be: Given to each member of the governing body (unless waived) • Given to each local newspaper of general cinc lalion, radio, and N statlon which has a notice request on file • Posted on the agency's webslle — with certain exceptions in RCW 42.30.080(2gb), H the agency (I) does not have a websile, (5) employs fewer than ten k&bme equivalent employees; or (m) does not employ personnel whose duty, as defined by a job description or existing contract, is to maintain or update the web site • Prominently displayed at the main entrance of the agency's principal location and the meeting site (if not that same location) — RCW 42.30. 080 "Special" Meetings (Cont.) • Notice - contents: The special meeting notice must specify: Time Place Business to be transacted (agenda) - Final disposition shall not be taken on any other matter at such meeting - RCW 42.30.080 Emergency Special Meetings • Notice is not required when special meeting called to deal with an emergency • Emergency involves injury or damage to persons or property or the likelihood of such injury or damage - Where time requirements of notice make notice impractical and increase likelihood of such injury or damage - RCW 42.30.080(4) t*41S 0 Public Attendance A public agency can't place conditions on public to attend meeting subject to OPMA: • For proceedings governed by OPMA, carrot require people to register their names or other information, complete a questionnaire, or otherwise h4fil arty condition precedent to attendance - RCW 42.30.040 ;W Reasonable rules of conduct can be set • Cameras and tape recorders are permitted unless disruptive -AGO 1998 No. 15 • No "public comment" period required by OPMA Interruptions and Disruptions The OPMA provides a procedure for dealing with situations where a meeting is being interrupted so the orderly conduct of the meeting is unfeasible, and order cannot be restored by removal of the disruptive persons. Meeting room can be cleared and meeting can continue, or meeting can be moved to another location, but final disposition can occur only on matters appppearing on the agenda. More details set out to the OPMA. - RCW 42.30.050 �Ir��lPT�oW Executive Session Part of a regular or special meeting that is closed to the public • Limited to specific purposes set out in the OPMA Purpose of the executive session and the time it will end must be announced by the presiding officer before it begins; time may be extended by further announcement - RCW 42.30.110 al CleSed 1� - Executive Sessions Specified purposes set out in OPMA Includes, for example: National security Real estate • Site selection or acgtisition of real estate • Lease or purchase • Pubic knowledge wotAd likely ease price • Sale or lease • Pubic knowledge waid likely decrease price • Final action sexing or leasing pubic property must be take at open meeting Pub" bid contracts • Review negotiations on performance • Pubic knowledge would tike increase costs EnWate qualifications of applicant for public employment Meet with legal counsel regard g enforcement actions, litigation or potential litigation Other purposes rated in RCW 42.30.110 - RCW 42,30. 110 Executive Session to Discuss Agency Enforcement Actions, Litigation or Potential Litigation • This executive session is not permitted just because legal counsel is present This executive session must address: • Agency enforcement action • Agency litigation or ..�►.�i1" • Potential litigation 1 i RCW 42.30. 110 1. Executive Session to Discuss Agency Enforcement Actions, Litigation, or Potential Litigation: Three Requirements • Legal counsel representing the agency is present - Purpose is to discuss agency enforcement action, litigation or potential litigation to which the agency, governing body, or a member acting in official capacity is, or is likely to become, a party • Public knowledge regarding discussion likely to result in an adverse legal or financial consequence to the agency - RCW 42.30.110 i Minutes — RCW 42.32.030 • Minutes of public meetings must be promptly recorded and open to public inspection • Minutes of an executive session are not required • No format specified in law RCW 42.32.030 1> OPMA Training A new law effective July 1, 2014 amends the OPMA to require members of governing bodies to receive OPMA training. Chapter 66, 2014 Laws (ESB 5964) ('Open Government TrainingsAct'). They can take training sooner than July 1. Refresher training occurs no later than every 4 years. • Training can be taken online, in person, or by other means. d Training resources, videos, and more information about the Act (a 'Q & A') are available on the Attorney General's Office Open Government Training Web Page: b(jp, //wwwatg wa .goy /OpenGovemmentTrainina.asox 0 a; Penalties for Violating the OPMA A court can impose a $100 ELI civil penalty against each member (personal liability) Court will award costs and attorney fees to a successful party seeking the remedy Action taken at meeting can be declared null and void �i - RCW 42.30.120; RCW 4230.130; RCW 4230.060 25 Minutes — RCW 42.32.030 • Minutes of public meetings must be promptly recorded and open to public inspection • Minutes of an executive session are not required • No format specified in law RCW 42.32.030 1> OPMA Training A new law effective July 1, 2014 amends the OPMA to require members of governing bodies to receive OPMA training. Chapter 66, 2014 Laws (ESB 5964) ('Open Government TrainingsAct'). They can take training sooner than July 1. Refresher training occurs no later than every 4 years. • Training can be taken online, in person, or by other means. d Training resources, videos, and more information about the Act (a 'Q & A') are available on the Attorney General's Office Open Government Training Web Page: b(jp, //wwwatg wa .goy /OpenGovemmentTrainina.asox 0 OPMA Assistance • The Washington State Attorney General's Once may provide information, technical assistance, and training on the OPMA. Contact Assistant Attorney General for Open Government. • The Attorney General's Office may issue formal opinions about the OPMA for qualified requesters. • The Attorney General's Office has helpful materials about the OPMA, and other open government topics and resources, on its websile at ~v.atg.wa.gov. • The Attorney General's Office Open Government Training Web Page with training resources, videos and other materials is at: http' /hy . ata- wa .00v /OpenGovemmentTraining.aspx — RCW 42.30.270 EJ 28 Tr-AnK you 10