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HomeMy WebLinkAboutCity Council Committees - Economic and Community Development - 10/10/2011ECDC Minutes October 10, 2011 Page 1 of 2 ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES OCTOBER 10, 2011 Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger. Chair Perry called the meeting to order at 5:30 p.m. 1. Approval of Minutes Councilmember Ranniger Moved and Councilmember Albertson Seconded a Motion to approve the September 12, 2011 Minutes. Motion PASSED 3-0. 2. PUBLIC HEARING: Medical Marijuana Collective Gardens Zoning Regulations [ZCA-2011-2] Assistant City Attorney David Galazin stated that staff presented preliminary findings to the Committee at the September 12th meeting. Galazin stated that the 2nd Senate Bill allows for the establishment of ‘collective gardens’ and disallows dispensaries. He stated that Legal and Planning staff collaborated to craft a definition for Kent’s City Code that aligns with the State Law Engrossed Second Senate Bill, Section 403 which sets out a legal description of what constitutes a ‘collective garden’ and which allows up to 10 qualifying members, limits the number of plants and the total ounces of cannabis allowed on site. Galazin stated that staff recommends the following language not specifically outlined in the State law as: “collective gardens may contain separate areas for growing , processing and dispensing of cannabis but that these separate areas must be physically part of the same premises”. Galazin presented additional language Options A, B, and C, stating that Options A and B are pulled from State law. Galazin stated that medical cannabis is governed through the United States Attorney’s Office under the Controlled Substances Act. Galazin stated that state authorized collective gardens in Kent should be regulated in a way that does not create an opening for abuse of the system, where people are operating defacto dispensaries (illegal under state law) or that would expose Kent to an increased risk of Federal prosecution. Planner Katie Graves presented five zoning district options defined as Options A through E; with Option A as most restrictive and Opti on E as least restrictive. Option B allows collective gardens only in industrial zones, and Option C and D allow collective gardens in industrial zones and designated commercial zones. Graves presented six separation requirement Options A through F: (A) proposes a separation of 1000 feet from any public or private school , (B) proposes a 750 foot separation from schools, (C) proposes a 1000 foot separation from schools, limiting separation to 500 feet from residential districts, (D) proposes a 750 foot separation from schools and 500 feet from residential districts, (E) implements a separation requirement between gardens, (F) talks about separation requirements from other uses . Only one (1) garden is allowed per tax parcel for all options. Councilmember Jamie Perry opened the Public Hearing. Jennifer LaDoux, 9721 S 248th Street, Kent, WA 98030 stated that she would like gardens to be located along a city bus route for easy access and invited the committee to follow Seattle’s example for setting up and regulating these collective gardens. Desiree Boshart, 21803 108th Avenue S, Kent, WA 98031 stated that as her brother’s caregiver she needs easy access to medicinal marijuana on his behalf. She spoke in favor of Option D for zoning and Option B for separation requirements and felt that the gardens should be regulated similar to a pharmacy. Jessica King AKA Suzie Q’s, 6624 S 196th St., Suite U-101, Kent, WA 98052 spoke in favor of Option D for zoning and Option B for separation requirements. She stated that the city needs a more flexible system through which patients can procure medical marijuana; rather than restricting the availability of marijuana solely through a collective garden . ECDC Minutes October 10, 2011 Page 2 of 2 Philip Dawdy, 1608 E Republican #303, Seattle, WA 98112 spoke on behalf of Evergreen Holistic Center, Multiple Choice Care Givers, Suzie Q’s and the Washington Cannabis association.. He submitted for the record; 1) his testimony for the 10/10/11 public hearing, 2) a letter dated 8/1/10 from Su Chin Dean a property owner for 124 Central Ave N, in support of her tenant, and 3) a letter from Amy Pritchard, owner and resident of the Enchanted Closet located across from Evergreen Holistic Center supporting Evergreen’s presence. He voiced support for Option D (zoning) and Option B (separation requirements). He stated that the availability to bus transportation and appropriate signage is needed. Heather Houghton, 604 S 208th St., Des Moines, WA 98198 said she represents Evergreen Association of Collective Gardens and wants collective gardens to be a safe place for patients to procure their medicinal cannabis. She spoke in support of Options D and Option E to provide a safer environment and spoke in opposition to Options A, B or C to add language. City of Kent Mayor Suzette Cooke, 220 4th Avenue South, Kent, WA, asked the Committee to consider in reviewing zoning options, to consider collective gardens as a simple collective garden and not a business. She stated she does not view these gardens as necessarily belonging in commercial areas as rental space is cost prohibitive. Cooke defined the gardens as co-ops that should be allowed in residential areas for practicality and cost effectiveness. Cooke stated she does not want the City in the role of licensing or regulating these gardens. Councilmember Ranniger Moved and Councilmember Albertson Seconded a Motion to close the Public Hearing. Motion Carried 3-0. Albertson voiced support for Options B & D urging the Committee to move on this immediately so as not to delay terminal patients from receiving medicinal marijuana. Ranninger and Perry voiced opposition to moving forward on this issue until the definition of collective gardens is further clarified. Councilmember Ranniger Moved to table Medical Marijuana Collective Gardens Zoning Regulations [ZCA-2011-2] to the next meeting. Councilmember Perry seconded the Motion. Motion PASSED 2-1 with Albertson Opposed. 3. Permit Fee Schedule Adjustments ECD Director Ben Wolters stated that the Mayor’s 2012 budget includes a proposed adjustment for permit fees that collectively would raise an additional $400,000 in revenue. Wolters presented staff’s report consisting of Attachments A through G. Attachment A proposes four permit fee adjustments that would result in cost savings. Attachment B gives an overview of building permit fees by valuation. Attachment C addresses fees charged for minor project permits. Attachments D and E speak to comparison of total permit costs for Retail Centers and New Residences, submitting amended documents that correct the Permit Cost per square foot calculations. Attachments F and G address improvements and the value that we are striving to provide our permit customers. Wolters spoke about the performance measures adopted by the city. Attachment G summarizes the process impr ovements that have been made and the resulting benefit to the customer. Permit Center Manager, Kimberlee McArthur reported on an on-line survey implemented by the Permit Center that resulted in improving the permitting process and decreasing the timelines to approve and issue permits. McArthur stated that the Permit Center received 164 survey responses with 84 percent positive responses. Wolters stated that the fee increase recommendation is necessary so that the City’s level of service concerning regulatory responsibilities and/or the efficiency and effectiveness of permit review for builders and developers seeking permits will not be reduced. For Informational Purposes Only Adjournment Committee Chair Perry Adjourned the Meeting at 7:20 p.m. ______________________________________ Pamela Mottram, Secretary Economic & Community Development Committee